Florida Senate - 2011 SB 944
By Senator Thrasher
8-01777-11 2011944__
1 A reviser’s bill to be entitled
2 An act relating to the Florida Statutes; amending ss.
3 16.0155, 28.36, 102.012, 112.534, 206.608, 213.67,
4 283.30, 283.33, 283.43, 285.710, 288.0659, 288.106,
5 288.9604, 316.008, 319.30, 320.03, 321.05, 327.73,
6 339.135, 341.302, 373.036, 376.011, 380.0552, 380.503,
7 381.0065, 401.465, 402.7305, 403.7032, 403.891,
8 411.01, 435.03, 443.091, 443.131, 479.01, 494.00331,
9 550.334, 550.3345, 553.77, 624.310, 627.4605, 627.711,
10 633.081, 677.105, 893.055, 893.0551, 1002.69,
11 1003.428, 1003.429, and 1008.34, F.S.; and reenacting
12 ss. 61.30, 163.3202, 369.317, 443.141, 497.372, and
13 718.111, F.S.; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (3) of section 16.0155, Florida
18 Statutes, is amended to read:
19 16.0155 Contingency fee agreements.—
20 (3) If the Attorney General makes the determination
21 described in subsection (2), notwithstanding the exemption
22 provided in s. 287.057(3)(f) 287.057(5)(f), the Attorney General
23 shall request proposals from private attorneys to represent the
24 department on a contingency-fee basis, unless the Attorney
25 General determines in writing that requesting proposals is not
26 feasible under the circumstances. The written determination does
27 not constitute a final agency action subject to review pursuant
28 to ss. 120.569 and 120.57. For purposes of this subsection only,
29 the department is exempt from the requirements of s. 120.57(3),
30 and neither the request for proposals nor the contract award is
31 subject to challenge pursuant to ss. 120.569 and 120.57.
32 Reviser’s note.—Amended to conform to the renumbering
33 of subunits of s. 287.057 by s. 19, ch. 2010-151, Laws
34 of Florida.
35 Section 2. Paragraph (b) of subsection (10) of section
36 28.36, Florida Statutes, is amended to read:
37 28.36 Budget procedure.—There is established a budget
38 procedure for preparing budget requests for funding for the
39 court-related functions of the clerks of the court.
40 (10)
41 (b) The corporation shall estimate the fourth quarter’s
42 number of units to be performed by each clerk. The amount of the
43 fourth-quarter release shall be based on the approved unit cost
44 times the estimated number of units of the fourth quarter with
45 the following adjustment: the fourth-quarter release shall be
46 adjusted based on the first three quarter’s actual number of
47 service units provided as reported to the corporation by each
48 clerk. If the clerk has performed fewer service units in the
49 first three quarters of the year compared to three quarters of
50 the estimated number of service units in the General
51 Appropriations Act, the corporation shall decrease the fourth
52 quarter release. The amount of the decrease shall equal the
53 amount of the difference between the estimated number of service
54 units for the first three quarters and the actual number of
55 service units provided in the first three quarters times the
56 approved unit cost.
57 Reviser’s note.—Amended to confirm insertion of the
58 word “the” by the editors.
59 Section 3. Subsection (6) of section 61.30, Florida
60 Statutes, is reenacted to read:
61 61.30 Child support guidelines; retroactive child support.—
62 (6) The following guidelines schedule shall be applied to
63 the combined net income to determine the minimum child support
64 need:
65 Combined
66 Monthly Net Child or Children
67 Income One Two Three Four Five Six
68 800.00 190 211 213 216 218 220
69 850.00 202 257 259 262 265 268
70 900.00 213 302 305 309 312 315
71 950.00 224 347 351 355 359 363
72 1000.00 235 365 397 402 406 410
73 1050.00 246 382 443 448 453 458
74 1100.00 258 400 489 495 500 505
75 1150.00 269 417 522 541 547 553
76 1200.00 280 435 544 588 594 600
77 1250.00 290 451 565 634 641 648
78 1300.00 300 467 584 659 688 695
79 1350.00 310 482 603 681 735 743
80 1400.00 320 498 623 702 765 790
81 1450.00 330 513 642 724 789 838
82 1500.00 340 529 662 746 813 869
83 1550.00 350 544 681 768 836 895
84 1600.00 360 560 701 790 860 920
85 1650.00 370 575 720 812 884 945
86 1700.00 380 591 740 833 907 971
87 1750.00 390 606 759 855 931 996
88 1800.00 400 622 779 877 955 1022
89 1850.00 410 638 798 900 979 1048
90 1900.00 421 654 818 923 1004 1074
91 1950.00 431 670 839 946 1029 1101
92 2000.00 442 686 859 968 1054 1128
93 2050.00 452 702 879 991 1079 1154
94 2100.00 463 718 899 1014 1104 1181
95 2150.00 473 734 919 1037 1129 1207
96 2200.00 484 751 940 1060 1154 1234
97 2250.00 494 767 960 1082 1179 1261
98 2300.00 505 783 980 1105 1204 1287
99 2350.00 515 799 1000 1128 1229 1314
100 2400.00 526 815 1020 1151 1254 1340
101 2450.00 536 831 1041 1174 1279 1367
102 2500.00 547 847 1061 1196 1304 1394
103 2550.00 557 864 1081 1219 1329 1420
104 2600.00 568 880 1101 1242 1354 1447
105 2650.00 578 896 1121 1265 1379 1473
106 2700.00 588 912 1141 1287 1403 1500
107 2750.00 597 927 1160 1308 1426 1524
108 2800.00 607 941 1178 1328 1448 1549
109 2850.00 616 956 1197 1349 1471 1573
110 2900.00 626 971 1215 1370 1494 1598
111 2950.00 635 986 1234 1391 1517 1622
112 3000.00 644 1001 1252 1412 1540 1647
113 3050.00 654 1016 1271 1433 1563 1671
114 3100.00 663 1031 1289 1453 1586 1695
115 3150.00 673 1045 1308 1474 1608 1720
116 3200.00 682 1060 1327 1495 1631 1744
117 3250.00 691 1075 1345 1516 1654 1769
118 3300.00 701 1090 1364 1537 1677 1793
119 3350.00 710 1105 1382 1558 1700 1818
120 3400.00 720 1120 1401 1579 1723 1842
121 3450.00 729 1135 1419 1599 1745 1867
122 3500.00 738 1149 1438 1620 1768 1891
123 3550.00 748 1164 1456 1641 1791 1915
124 3600.00 757 1179 1475 1662 1814 1940
125 3650.00 767 1194 1493 1683 1837 1964
126 3700.00 776 1208 1503 1702 1857 1987
127 3750.00 784 1221 1520 1721 1878 2009
128 3800.00 793 1234 1536 1740 1899 2031
129 3850.00 802 1248 1553 1759 1920 2053
130 3900.00 811 1261 1570 1778 1940 2075
131 3950.00 819 1275 1587 1797 1961 2097
132 4000.00 828 1288 1603 1816 1982 2119
133 4050.00 837 1302 1620 1835 2002 2141
134 4100.00 846 1315 1637 1854 2023 2163
135 4150.00 854 1329 1654 1873 2044 2185
136 4200.00 863 1342 1670 1892 2064 2207
137 4250.00 872 1355 1687 1911 2085 2229
138 4300.00 881 1369 1704 1930 2106 2251
139 4350.00 889 1382 1721 1949 2127 2273
140 4400.00 898 1396 1737 1968 2147 2295
141 4450.00 907 1409 1754 1987 2168 2317
142 4500.00 916 1423 1771 2006 2189 2339
143 4550.00 924 1436 1788 2024 2209 2361
144 4600.00 933 1450 1804 2043 2230 2384
145 4650.00 942 1463 1821 2062 2251 2406
146 4700.00 951 1477 1838 2081 2271 2428
147 4750.00 959 1490 1855 2100 2292 2450
148 4800.00 968 1503 1871 2119 2313 2472
149 4850.00 977 1517 1888 2138 2334 2494
150 4900.00 986 1530 1905 2157 2354 2516
151 4950.00 993 1542 1927 2174 2372 2535
152 5000.00 1000 1551 1939 2188 2387 2551
153 5050.00 1006 1561 1952 2202 2402 2567
154 5100.00 1013 1571 1964 2215 2417 2583
155 5150.00 1019 1580 1976 2229 2432 2599
156 5200.00 1025 1590 1988 2243 2447 2615
157 5250.00 1032 1599 2000 2256 2462 2631
158 5300.00 1038 1609 2012 2270 2477 2647
159 5350.00 1045 1619 2024 2283 2492 2663
160 5400.00 1051 1628 2037 2297 2507 2679
161 5450.00 1057 1638 2049 2311 2522 2695
162 5500.00 1064 1647 2061 2324 2537 2711
163 5550.00 1070 1657 2073 2338 2552 2727
164 5600.00 1077 1667 2085 2352 2567 2743
165 5650.00 1083 1676 2097 2365 2582 2759
166 5700.00 1089 1686 2109 2379 2597 2775
167 5750.00 1096 1695 2122 2393 2612 2791
168 5800.00 1102 1705 2134 2406 2627 2807
169 5850.00 1107 1713 2144 2418 2639 2820
170 5900.00 1111 1721 2155 2429 2651 2833
171 5950.00 1116 1729 2165 2440 2663 2847
172 6000.00 1121 1737 2175 2451 2676 2860
173 6050.00 1126 1746 2185 2462 2688 2874
174 6100.00 1131 1754 2196 2473 2700 2887
175 6150.00 1136 1762 2206 2484 2712 2900
176 6200.00 1141 1770 2216 2495 2724 2914
177 6250.00 1145 1778 2227 2506 2737 2927
178 6300.00 1150 1786 2237 2517 2749 2941
179 6350.00 1155 1795 2247 2529 2761 2954
180 6400.00 1160 1803 2258 2540 2773 2967
181 6450.00 1165 1811 2268 2551 2785 2981
182 6500.00 1170 1819 2278 2562 2798 2994
183 6550.00 1175 1827 2288 2573 2810 3008
184 6600.00 1179 1835 2299 2584 2822 3021
185 6650.00 1184 1843 2309 2595 2834 3034
186 6700.00 1189 1850 2317 2604 2845 3045
187 6750.00 1193 1856 2325 2613 2854 3055
188 6800.00 1196 1862 2332 2621 2863 3064
189 6850.00 1200 1868 2340 2630 2872 3074
190 6900.00 1204 1873 2347 2639 2882 3084
191 6950.00 1208 1879 2355 2647 2891 3094
192 7000.00 1212 1885 2362 2656 2900 3103
193 7050.00 1216 1891 2370 2664 2909 3113
194 7100.00 1220 1897 2378 2673 2919 3123
195 7150.00 1224 1903 2385 2681 2928 3133
196 7200.00 1228 1909 2393 2690 2937 3142
197 7250.00 1232 1915 2400 2698 2946 3152
198 7300.00 1235 1921 2408 2707 2956 3162
199 7350.00 1239 1927 2415 2716 2965 3172
200 7400.00 1243 1933 2423 2724 2974 3181
201 7450.00 1247 1939 2430 2733 2983 3191
202 7500.00 1251 1945 2438 2741 2993 3201
203 7550.00 1255 1951 2446 2750 3002 3211
204 7600.00 1259 1957 2453 2758 3011 3220
205 7650.00 1263 1963 2461 2767 3020 3230
206 7700.00 1267 1969 2468 2775 3030 3240
207 7750.00 1271 1975 2476 2784 3039 3250
208 7800.00 1274 1981 2483 2792 3048 3259
209 7850.00 1278 1987 2491 2801 3057 3269
210 7900.00 1282 1992 2498 2810 3067 3279
211 7950.00 1286 1998 2506 2818 3076 3289
212 8000.00 1290 2004 2513 2827 3085 3298
213 8050.00 1294 2010 2521 2835 3094 3308
214 8100.00 1298 2016 2529 2844 3104 3318
215 8150.00 1302 2022 2536 2852 3113 3328
216 8200.00 1306 2028 2544 2861 3122 3337
217 8250.00 1310 2034 2551 2869 3131 3347
218 8300.00 1313 2040 2559 2878 3141 3357
219 8350.00 1317 2046 2566 2887 3150 3367
220 8400.00 1321 2052 2574 2895 3159 3376
221 8450.00 1325 2058 2581 2904 3168 3386
222 8500.00 1329 2064 2589 2912 3178 3396
223 8550.00 1333 2070 2597 2921 3187 3406
224 8600.00 1337 2076 2604 2929 3196 3415
225 8650.00 1341 2082 2612 2938 3205 3425
226 8700.00 1345 2088 2619 2946 3215 3435
227 8750.00 1349 2094 2627 2955 3224 3445
228 8800.00 1352 2100 2634 2963 3233 3454
229 8850.00 1356 2106 2642 2972 3242 3464
230 8900.00 1360 2111 2649 2981 3252 3474
231 8950.00 1364 2117 2657 2989 3261 3484
232 9000.00 1368 2123 2664 2998 3270 3493
233 9050.00 1372 2129 2672 3006 3279 3503
234 9100.00 1376 2135 2680 3015 3289 3513
235 9150.00 1380 2141 2687 3023 3298 3523
236 9200.00 1384 2147 2695 3032 3307 3532
237 9250.00 1388 2153 2702 3040 3316 3542
238 9300.00 1391 2159 2710 3049 3326 3552
239 9350.00 1395 2165 2717 3058 3335 3562
240 9400.00 1399 2171 2725 3066 3344 3571
241 9450.00 1403 2177 2732 3075 3353 3581
242 9500.00 1407 2183 2740 3083 3363 3591
243 9550.00 1411 2189 2748 3092 3372 3601
244 9600.00 1415 2195 2755 3100 3381 3610
245 9650.00 1419 2201 2763 3109 3390 3620
246 9700.00 1422 2206 2767 3115 3396 3628
247 9750.00 1425 2210 2772 3121 3402 3634
248 9800.00 1427 2213 2776 3126 3408 3641
249 9850.00 1430 2217 2781 3132 3414 3647
250 9900.00 1432 2221 2786 3137 3420 3653
251 9950.00 1435 2225 2791 3143 3426 3659
252 10000.00 1437 2228 2795 3148 3432 3666
253 (a) If the obligor parent’s net income is less than the
254 amount in the guidelines schedule:
255 1. The parent should be ordered to pay a child support
256 amount, determined on a case-by-case basis, to establish the
257 principle of payment and lay the basis for increased support
258 orders should the parent’s income increase.
259 2. The obligor parent’s child support payment shall be the
260 lesser of the obligor parent’s actual dollar share of the total
261 minimum child support amount, as determined in subparagraph 1.,
262 and 90 percent of the difference between the obligor parent’s
263 monthly net income and the current poverty guidelines as
264 periodically updated in the Federal Register by the United
265 States Department of Health and Human Services pursuant to 42
266 U.S.C. s. 9902(2) for a single individual living alone.
267 (b) For combined monthly net income greater than the amount
268 in the guidelines schedule, the obligation is the minimum amount
269 of support provided by the guidelines schedule plus the
270 following percentages multiplied by the amount of income over
271 $10,000:
272 Child or Children
273 One Two Three Four Five Six
274 5.0% 7.5% 9.5% 11.0% 12.0% 12.5%
275 Reviser’s note.—Section 5, ch. 2010-199, Laws of
276 Florida, amended subsection (6) without publishing the
277 line in the child support guidelines schedule
278 beginning with “800.00.” Absent affirmative evidence
279 of legislative intent to repeal the line in the
280 schedule, subsection (6) is reenacted to confirm the
281 omission was not intended.
282 Section 4. Paragraph (b) of subsection (1) of section
283 102.012, Florida Statutes, is amended to read:
284 102.012 Inspectors and clerks to conduct elections.—
285 (1)
286 (b) If two or more precincts share the same building and
287 voting place, the supervisor of elections may appoint one
288 election board for the collocated precincts. The supervisor
289 shall provide that a sufficient number of poll workers are
290 appointed to adequately handle the processing of the voters in
291 the collocated precincts.
292 Reviser’s note.—Amended to confirm insertion of the
293 word “that” by the editors.
294 Section 5. Paragraph (b) of subsection (1) of section
295 112.534, Florida Statutes, is amended to read:
296 112.534 Failure to comply; official misconduct.—
297 (1) If any law enforcement agency or correctional agency,
298 including investigators in its internal affairs or professional
299 standards division, or an assigned investigating supervisor,
300 intentionally fails to comply with the requirements of this
301 part, the following procedures apply. For purposes of this
302 section, the term “law enforcement officer” or “correctional
303 officer” includes the officer’s representative or legal counsel,
304 except in application of paragraph (d).
305 (b) If the investigator fails to cure the violation or
306 continues the violation after being notified by the law
307 enforcement officer or correctional officer, the officer shall
308 request the agency head or his or her designee be informed of
309 the alleged intentional violation. Once this request is made,
310 the interview of the officer shall cease, and the officer’s
311 refusal to respond to further investigative questions does not
312 constitute insubordination or any similar type of policy
313 violation.
314 Reviser’s note.—Amended pursuant to the directive of
315 the Legislature in s. 1, ch. 93-199, Laws of Florida,
316 to remove gender-specific references applicable to
317 human beings from the Florida Statutes without
318 substantive change in legal effect.
319 Section 6. Subsection (2) of section 163.3202, Florida
320 Statutes, is reenacted to read:
321 163.3202 Land development regulations.—
322 (2) Local land development regulations shall contain
323 specific and detailed provisions necessary or desirable to
324 implement the adopted comprehensive plan and shall at a minimum:
325 (a) Regulate the subdivision of land.
326 (b) Regulate the use of land and water for those land use
327 categories included in the land use element and ensure the
328 compatibility of adjacent uses and provide for open space.
329 (c) Provide for protection of potable water wellfields.
330 (d) Regulate areas subject to seasonal and periodic
331 flooding and provide for drainage and stormwater management.
332 (e) Ensure the protection of environmentally sensitive
333 lands designated in the comprehensive plan.
334 (f) Regulate signage.
335 (g) Provide that public facilities and services meet or
336 exceed the standards established in the capital improvements
337 element required by s. 163.3177 and are available when needed
338 for the development, or that development orders and permits are
339 conditioned on the availability of these public facilities and
340 services necessary to serve the proposed development. A local
341 government may not issue a development order or permit that
342 results in a reduction in the level of services for the affected
343 public facilities below the level of services provided in the
344 local government’s comprehensive plan.
345 (h) Ensure safe and convenient onsite traffic flow,
346 considering needed vehicle parking.
347 (i) Maintain the existing density of residential properties
348 or recreational vehicle parks if the properties are intended for
349 residential use and are located in the unincorporated areas that
350 have sufficient infrastructure, as determined by a local
351 governing authority, and are not located within a coastal high
352 hazard area under s. 163.3178.
353 Reviser’s note.—Section 188, ch. 2010-102, Laws of
354 Florida, amended subsection (2) without publishing
355 paragraph (i). Absent affirmative evidence of
356 legislative intent to repeal paragraph (i), subsection
357 (2) is reenacted to confirm the omission was not
358 intended.
359 Section 7. Subsection (3) of section 206.608, Florida
360 Statutes, is amended to read:
361 206.608 State Comprehensive Enhanced Transportation System
362 Tax; deposit of proceeds; distribution.—Moneys received pursuant
363 to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
364 Fuel Tax Collection Trust Fund, and, after deducting the service
365 charge imposed in chapter 215 and administrative costs incurred
366 by the department in collecting, administering, enforcing, and
367 distributing the tax, which administrative costs may not exceed
368 2 percent of collections, shall be distributed as follows:
369 (3) For the 2010-2011 fiscal year only, and notwithstanding
370 the provisions of subsection (2), the remaining proceeds of the
371 tax levied pursuant to s. 206.41(1)(f) and all of the proceeds
372 from the tax imposed by s. 206.87(1)(d) shall be transferred
373 into the State Transportation Trust Fund and shall be used for
374 the purposes stated in s. 339.08. This subsection paragraph
375 expires July 1, 2011.
376 Reviser’s note.—Amended to confirm substitution by the
377 editors of the word “subsection” for the word
378 “paragraph” to conform to the structure of the
379 section.
380 Section 8. Subsection (1) of section 213.67, Florida
381 Statutes, is amended to read:
382 213.67 Garnishment.—
383 (1) If a person is delinquent in the payment of any taxes,
384 penalties, and interest owed to the department, the executive
385 director or his or her designee may give notice of the amount of
386 such delinquency by registered mail, by personal service, or by
387 electronic means, including, but not limited to, facsimile
388 transmissions, electronic data interchange, or use of the
389 Internet, to all persons having in their possession or under
390 their control any credits or personal property, exclusive of
391 wages, belonging to the delinquent taxpayer, or owing any debts
392 to such delinquent taxpayer at the time of receipt by them of
393 such notice. Thereafter, any person who has been notified may
394 not transfer or make any other disposition of such credits,
395 other personal property, or debts until the executive director
396 or his or her designee consents to a transfer or disposition or
397 until 60 days after the receipt of such notice. However, the
398 credits, other personal property, or debts that exceed the
399 delinquent amount stipulated in the notice are not subject to
400 this section, wherever held, if the taxpayer does not have a
401 prior history of tax delinquencies. If during the effective
402 period of the notice to withhold, any person so notified makes
403 any transfer or disposition of the property or debts required to
404 be withheld under this section, he or she is liable to the state
405 for any indebtedness owed to the department by the person with
406 respect to whose obligation the notice was given to the extent
407 of the value of the property or the amount of the debts thus
408 transferred or paid if, solely by reason of such transfer or
409 disposition, the state is unable to recover the indebtedness of
410 the person with respect to whose obligation the notice was
411 given. If the delinquent taxpayer contests the intended levy in
412 circuit court or under chapter 120, the notice under this
413 section remains effective until that final resolution of the
414 contest. Any financial institution receiving such notice will
415 maintain a right of setoff for any transaction involving a debit
416 card occurring on or before the date of receipt of such notice.
417 Reviser’s note.—Amended to confirm insertion of the
418 word “by” by the editors.
419 Section 9. Section 283.30, Florida Statutes, is amended to
420 read:
421 283.30 Definitions.—As used in this chapter part, unless
422 the context clearly requires otherwise, the term:
423 (1) “Agency” means any official, officer, department,
424 board, commission, division, bureau, section, district, office,
425 authority, committee, or council, or any other unit of
426 organization, however designated, of the executive branch of
427 state government, and the Public Service Commission.
428 (2) “Department” means the Department of Management
429 Services.
430 (3) “Duplicating” means the process of reproducing an image
431 or images from an original to a final substrate through the
432 electrophotographic, xerographic, laser, or offset process or
433 any combination of these processes, by which an operator can
434 make more than one copy without rehandling the original.
435 (4) “Printing” is the transfer of an image or images by the
436 use of ink or similar substance from an original image to the
437 final substrate through the process of letterpress, offset
438 lithography, gravure, screen printing, or engraving. Printing
439 shall include the process of and the materials used in binding.
440 Printing shall also include duplicating when used to produce
441 publications.
442 (5) “Public” means those entities and persons other than
443 subordinate and functionally related or connected federal,
444 state, or local governmental agencies.
445 (6) “Publication” means any document, whether produced for
446 public or internal distribution.
447 Reviser’s note.—Amended to conform to the fact that
448 chapter 283 is not divided into parts.
449 Section 10. Subsection (3) of section 283.33, Florida
450 Statutes, is amended to read:
451 283.33 Printing of publications; lowest bidder awards.—
452 (3) Except as otherwise provided for in this chapter part,
453 a contract for printing of a publication shall be subject to,
454 when applicable, the definitions in s. 287.012, and shall be
455 considered a commodity for that purpose.
456 Reviser’s note.—Amended to conform to the fact that
457 chapter 283 is not divided into parts.
458 Section 11. Section 283.43, Florida Statutes, is amended to
459 read:
460 283.43 Public information printing services.—Any agency the
461 authorized functions of which include public information
462 programs is authorized to purchase, pursuant to this chapter
463 part and subject to its appropriation and any other limitations
464 imposed by law, typesetting, printing, and media distribution
465 services, when the purchase of such services would be less
466 costly than the performance of the same services directly by the
467 agency or when such services are beyond the production
468 limitations established by agency guidelines.
469 Reviser’s note.—Amended to conform to the fact that
470 chapter 283 is not divided into parts.
471 Section 12. Paragraph (g) of subsection (1) of section
472 285.710, Florida Statutes, is amended to read:
473 285.710 Compact authorization.—
474 (1) As used in this section, the term:
475 (g) “Tribe” means the Seminole Tribe of Florida or any
476 affiliate thereof conducting activities pursuant to the compact
477 under the authority of the Seminole Tribe of Florida have the
478 same meaning as provided in s. 285.711.
479 Reviser’s note.—Amended to delete extraneous language;
480 s. 285.711 was repealed by s. 2, ch. 2010-29, Laws of
481 Florida.
482 Section 13. Subsection (10) of section 288.0659, Florida
483 Statutes, is amended to read:
484 288.0659 Local Government Distressed Area Matching Grant
485 Program.—
486 (10) Up to 2 percent of the funds appropriated annually by
487 be the Legislature for the program may be used by the office for
488 direct administrative costs associated with implementing this
489 section.
490 Reviser’s note.—Amended to confirm substitution by the
491 editors of the word “by” for the word “be” to conform
492 to context.
493 Section 14. Paragraph (b) of subsection (3) of section
494 288.106, Florida Statutes, is amended to read:
495 288.106 Tax refund program for qualified target industry
496 businesses.—
497 (3) TAX REFUND; ELIGIBLE AMOUNTS.—
498 (b)1. Upon approval by the office, a qualified target
499 industry business shall be allowed tax refund payments equal to
500 $3,000 multiplied by the number of jobs specified in the tax
501 refund agreement under subparagraph (5)(a)1., or equal to $6,000
502 multiplied by the number of jobs if the project is located in a
503 rural community or an enterprise zone.
504 2. A qualified target industry business shall be allowed
505 additional tax refund payments equal to $1,000 multiplied by the
506 number of jobs specified in the tax refund agreement under
507 subparagraph (5)(a)1. if such jobs pay an annual average wage of
508 at least 150 percent of the average private sector wage in the
509 area, or equal to $2,000 multiplied by the number of jobs if
510 such jobs pay an annual average wage of at least 200 percent of
511 the average private sector wage in the area.
512 3. A qualified target industry business shall be allowed
513 tax refund payments in addition to the other payments authorized
514 in this paragraph equal to $1,000 multiplied by the number of
515 jobs specified in the tax refund agreement under subparagraph
516 (5)(a)1. (4)(a)1. if the local financial support is equal to
517 that of the state’s incentive award under subparagraph 1.
518 4. In addition to the other tax refund payments authorized
519 in this paragraph, a qualified target industry business shall be
520 allowed a tax refund payment equal to $2,000 multiplied by the
521 number of jobs specified in the tax refund agreement under
522 subparagraph (5)(a)1. (4)(a)1. if the business:
523 a. Falls within one of the high-impact sectors designated
524 under s. 288.108; or
525 b. Increases exports of its goods through a seaport or
526 airport in the state by at least 10 percent in value or tonnage
527 in each of the years that the business receives a tax refund
528 under this section. For purposes of this sub-subparagraph,
529 seaports in the state are limited to the ports of Jacksonville,
530 Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
531 Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
532 Pensacola, Fernandina, and Key West.
533 Reviser’s note.—Amended to confirm substitution by the
534 editors of references to subparagraph (5)(a)1. for
535 references to subparagraph (4)(a)1. to conform to the
536 redesignation of subsections in s. 288.106 by s. 1,
537 ch. 2010-136, Laws of Florida.
538 Section 15. Subsection (4) of section 288.9604, Florida
539 Statutes, is amended to read:
540 288.9604 Creation of the authority.—
541 (4) The board may remove a director for inefficiency,
542 neglect of duty, or misconduct in office only after a hearing
543 and only if he or she has been given a copy of the charges at
544 least 10 days before such hearing and has had an opportunity to
545 be heard in person or by counsel. The removal of a director
546 shall create a vacancy on the board which shall be filled
547 pursuant to subsection (2) (4).
548 Reviser’s note.—Amended to conform to the location of
549 material relating to the procedure for filling
550 vacancies.
551 Section 16. Paragraph (c) of subsection (8) of section
552 316.008, Florida Statutes, is amended to read:
553 316.008 Powers of local authorities.—
554 (8)
555 (c) Pursuant to s. 316.0083, a county or municipality may
556 use traffic infraction detectors to enforce a s. 316.074(1) or
557 s. 316.075(1)(c)1. when a driver fails to stop at a traffic
558 signal on state roads under the original jurisdiction of the
559 Department of Transportation when permitted by the Department of
560 Transportation.
561 Reviser’s note.—Amended to confirm deletion of the
562 word “a” by the editors.
563 Section 17. Paragraph (f) of subsection (8) of section
564 319.30, Florida Statutes, is amended to read:
565 319.30 Definitions; dismantling, destruction, change of
566 identity of motor vehicle or mobile home; salvage.—
567 (8)
568 (f) This section does not authorize any person who is
569 engaged in the business of recovering, towing, or storing
570 vehicles pursuant to s. 713.78, and who is claiming a lien for
571 performing labor or services on a motor vehicle or mobile home
572 pursuant to s. 713.58, or is claiming that a motor vehicle or
573 mobile home has remained on any premises after tenancy has
574 terminated pursuant to s. 715.104, to use a derelict motor
575 vehicle certificate application for the purpose of transporting,
576 selling, disposing of, or delivering a motor vehicle to a
577 salvage motor vehicle dealer or secondary metals recycler
578 without obtaining the title or certificate of destruction
579 required under s. 713.58, s. 713.78, or s. 715.104.
580 Reviser’s note.—Amended to confirm insertion of the
581 word “of” by the editors.
582 Section 18. Subsection (10) of section 320.03, Florida
583 Statutes, is amended to read:
584 320.03 Registration; duties of tax collectors;
585 International Registration Plan.—
586 (10) Jurisdiction over the electronic filing system for use
587 by authorized electronic filing system agents to electronically
588 title or register motor vehicles, vessels, mobile homes, or off
589 highway vehicles; issue or transfer registration license plates
590 or decals; electronically transfer fees due for the title and
591 registration process; and perform inquiries for title,
592 registration, and lienholder verification and certification of
593 service providers is expressly preempted to the state, and the
594 department shall have regulatory authority over the system. The
595 electronic filing system shall be available for use statewide
596 and applied uniformly throughout the state. An entity that, in
597 the normal course of its business, sells products that must be
598 titled or registered, provides title and registration services
599 on behalf of its consumers and meets all established
600 requirements may be an authorized electronic filing system agent
601 and shall not be precluded from participating in the electronic
602 filing system in any county. Upon request from a qualified
603 entity, the tax collector shall appoint the entity as an
604 authorized electronic filing system agent for that county. The
605 department shall adopt rules in accordance with chapter 120 to
606 replace the December 10, 2009, program standards and to
607 administer the provisions of this section, including, but not
608 limited to, establishing participation requirements,
609 certification of service providers, electronic filing system
610 requirements, and enforcement authority for noncompliance. The
611 December 10, 2009, program standards, excluding any standards
612 which conflict with this subsection paragraph, shall remain in
613 effect until the rules are adopted. An authorized electronic
614 filing agent may charge a fee to the customer for use of the
615 electronic filing system.
616 Reviser’s note.—Amended to confirm substitution by the
617 editors of the word “subsection” for the word
618 “paragraph” to conform to context.
619 Section 19. Paragraph (b) of subsection (4) of section
620 321.05, Florida Statutes, is amended to read:
621 321.05 Duties, functions, and powers of patrol officers.
622 The members of the Florida Highway Patrol are hereby declared to
623 be conservators of the peace and law enforcement officers of the
624 state, with the common-law right to arrest a person who, in the
625 presence of the arresting officer, commits a felony or commits
626 an affray or breach of the peace constituting a misdemeanor,
627 with full power to bear arms; and they shall apprehend, without
628 warrant, any person in the unlawful commission of any of the
629 acts over which the members of the Florida Highway Patrol are
630 given jurisdiction as hereinafter set out and deliver him or her
631 to the sheriff of the county that further proceedings may be had
632 against him or her according to law. In the performance of any
633 of the powers, duties, and functions authorized by law, members
634 of the Florida Highway Patrol have the same protections and
635 immunities afforded other peace officers, which shall be
636 recognized by all courts having jurisdiction over offenses
637 against the laws of this state, and have authority to apply for,
638 serve, and execute search warrants, arrest warrants, capias, and
639 other process of the court. The patrol officers under the
640 direction and supervision of the Department of Highway Safety
641 and Motor Vehicles shall perform and exercise throughout the
642 state the following duties, functions, and powers:
643 (4)
644 (b) Any person so arrested and released on his or her own
645 recognizance by an officer and who fails to appear or respond to
646 a notice to appear shall, in addition to the traffic violation
647 charge, commits a noncriminal traffic infraction subject to the
648 penalty provided in s. 318.18(2).
649 Reviser’s note.—Amended to confirm deletion of the
650 word “shall” by the editors.
651 Section 20. Subsection (1) of section 327.73, Florida
652 Statutes, is amended to read:
653 327.73 Noncriminal infractions.—
654 (1) Violations of the following provisions of the vessel
655 laws of this state are noncriminal infractions:
656 (a) Section 328.46, relating to operation of unregistered
657 and unnumbered vessels.
658 (b) Section 328.48(4), relating to display of number and
659 possession of registration certificate.
660 (c) Section 328.48(5), relating to display of decal.
661 (d) Section 328.52(2), relating to display of number.
662 (e) Section 328.54, relating to spacing of digits and
663 letters of identification number.
664 (f) Section 328.60, relating to military personnel and
665 registration of vessels.
666 (g) Section 328.72(13), relating to operation with an
667 expired registration.
668 (h) Section 327.33(2), relating to careless operation.
669 (i) Section 327.37, relating to water skiing, aquaplaning,
670 parasailing, and similar activities.
671 (j) Section 327.44, relating to interference with
672 navigation.
673 (k) Violations relating to boating-restricted areas and
674 speed limits:
675 1. Established by the commission or by local governmental
676 authorities pursuant to s. 327.46.
677 2. Speed limits established pursuant to s. 379.2431(2).
678 (l) Section 327.48, relating to regattas and races.
679 (m) Section 327.50(1) and (2), relating to required safety
680 equipment, lights, and shapes.
681 (n) Section 327.65, relating to muffling devices.
682 (o) Section 327.33(3)(b), relating to navigation rules.
683 (p) Section 327.39(1), (2), (3), and (5), relating to
684 personal watercraft.
685 (q) Section 327.53(1), (2), and (3), relating to marine
686 sanitation.
687 (r) Section 327.53(4), (5), and (7), relating to marine
688 sanitation, for which the civil penalty is $250.
689 (s) Section 327.395, relating to boater safety education.
690 (t) Section 327.52(3), relating to operation of overloaded
691 or overpowered vessels.
692 (u) Section 327.331, relating to divers-down flags, except
693 for violations meeting the requirements of s. 327.33.
694 (v) Section 327.391(1), relating to the requirement for an
695 adequate muffler on an airboat.
696 (w) Section 327.391(3), relating to the display of a flag
697 on an airboat.
698 (x) Section 253.04(3)(a), relating to carelessly causing
699 seagrass scarring, for which the civil penalty upon conviction
700 is:
701 1. For a first offense, $50.
702 2. For a second offense occurring within 12 months after a
703 prior conviction, $250.
704 3. For a third offense occurring within 36 months after a
705 prior conviction, $500.
706 4. For a fourth or subsequent offense occurring within 72
707 months after a prior conviction, $1,000.
708
709 Any person cited for a violation of any such provision shall be
710 deemed to be charged with a noncriminal infraction, shall be
711 cited for such an infraction, and shall be cited to appear
712 before the county court. The civil penalty for any such
713 infraction is $50, except as otherwise provided in this section.
714 Any person who fails to appear or otherwise properly respond to
715 a uniform boating citation shall, in addition to the charge
716 relating to the violation of the boating laws of this state, be
717 charged with the offense of failing to respond to such citation
718 and, upon conviction, be guilty of a misdemeanor of the second
719 degree, punishable as provided in s. 775.082 or s. 775.083. A
720 written warning to this effect shall be provided at the time
721 such uniform boating citation is issued.
722
723 Any person cited for a violation of any such provision shall be
724 deemed to be charged with a noncriminal infraction, shall be
725 cited for such an infraction, and shall be cited to appear
726 before the county court. The civil penalty for any such
727 infraction is $50, except as otherwise provided in this section.
728 Any person who fails to appear or otherwise properly respond to
729 a uniform boating citation shall, in addition to the charge
730 relating to the violation of the boating laws of this state, be
731 charged with the offense of failing to respond to such citation
732 and, upon conviction, be guilty of a misdemeanor of the second
733 degree, punishable as provided in s. 775.082 or s. 775.083. A
734 written warning to this effect shall be provided at the time
735 such uniform boating citation is issued.
736 Reviser’s note.—Amended to delete repetition of flush
737 left language resulting from an input error in
738 compilation of the section for the 2010 Florida
739 Statutes.
740 Section 21. Paragraphs (d), (e), (f), and (g) of subsection
741 (7) of section 339.135, Florida Statutes, are amended to read:
742 339.135 Work program; legislative budget request;
743 definitions; preparation, adoption, execution, and amendment.—
744 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
745 (d) The department may not transfer any funds for any
746 project or project phase between department districts. However,
747 a district secretary may agree to a loan of funds to another
748 district, if:
749 1. The funds are used solely to maximize the use or amount
750 of funds available to the state;
751 2. The loan agreement is executed in writing and is signed
752 by the district secretaries of the respective districts;
753 3. Repayment of the loan is to be made within 3 years after
754 the date on which the agreement was entered into; and
755 4. The adopted work program of the district loaning the
756 funds would not be substantially impaired if the loan were made,
757 according to the district secretary.
758
759 The loan constitutes an amendment to the adopted work program
760 and is subject to the procedures specified in paragraph (e) (b).
761 (e) The department may amend the adopted work program to
762 transfer fixed capital outlay appropriations for projects within
763 the same appropriations category or between appropriations
764 categories, including the following amendments which shall be
765 subject to the procedures in paragraph (f) (d):
766 1. Any amendment which deletes any project or project
767 phase;
768 2. Any amendment which adds a project estimated to cost
769 over $150,000 in funds appropriated by the Legislature;
770 3. Any amendment which advances or defers to another fiscal
771 year, a right-of-way phase, a construction phase, or a public
772 transportation project phase estimated to cost over $500,000 in
773 funds appropriated by the Legislature, except an amendment
774 advancing or deferring a phase for a period of 90 days or less;
775 or
776 4. Any amendment which advances or defers to another fiscal
777 year, any preliminary engineering phase or design phase
778 estimated to cost over $150,000 in funds appropriated by the
779 Legislature, except an amendment advancing or deferring a phase
780 for a period of 90 days or less.
781 (f)1. Whenever the department proposes any amendment to the
782 adopted work program, as defined in subparagraph (e)1. (c)1. or
783 subparagraph (e)3. (c)3., which deletes or defers a construction
784 phase on a capacity project, it shall notify each county
785 affected by the amendment and each municipality within the
786 county. The notification shall be issued in writing to the chief
787 elected official of each affected county, each municipality
788 within the county, and the chair of each affected metropolitan
789 planning organization. Each affected county and each
790 municipality in the county is encouraged to coordinate with each
791 other in order to determine how the amendment affects local
792 concurrency management and regional transportation planning
793 efforts. Each affected county, and each municipality within the
794 county, shall have 14 days to provide written comments to the
795 department regarding how the amendment will affect its
796 respective concurrency management systems, including whether any
797 development permits were issued contingent upon the capacity
798 improvement, if applicable. After receipt of written comments
799 from the affected local governments, the department shall
800 include any written comments submitted by such local governments
801 in its preparation of the proposed amendment.
802 2. Following the 14-day comment period in subparagraph 1.,
803 if applicable, whenever the department proposes any amendment to
804 the adopted work program, which amendment is defined in
805 subparagraph (e)1. (c)1., subparagraph (e)2. (c)2., subparagraph
806 (e)3. (c)3., or subparagraph (e)4. (c)4., it shall submit the
807 proposed amendment to the Governor for approval and shall
808 immediately notify the chairs of the legislative appropriations
809 committees, the chairs of the legislative transportation
810 committees, and each member of the Legislature who represents a
811 district affected by the proposed amendment. It shall also
812 notify each metropolitan planning organization affected by the
813 proposed amendment, and each unit of local government affected
814 by the proposed amendment, unless it provided to each the
815 notification required by subparagraph 1. Such proposed amendment
816 shall provide a complete justification of the need for the
817 proposed amendment.
818 3. The Governor may not approve a proposed amendment until
819 14 days following the notification required in subparagraph 2.
820 4. If either of the chairs of the legislative
821 appropriations committees or the President of the Senate or the
822 Speaker of the House of Representatives objects in writing to a
823 proposed amendment within 14 days following notification and
824 specifies the reasons for such objection, the Governor shall
825 disapprove the proposed amendment.
826 (g) Notwithstanding the requirements in paragraphs (f) (d)
827 and (i) (g) and ss. 216.177(2) and 216.351, the secretary may
828 request the Executive Office of the Governor to amend the
829 adopted work program when an emergency exists, as defined in s.
830 252.34(3), and the emergency relates to the repair or
831 rehabilitation of any state transportation facility. The
832 Executive Office of the Governor may approve the amendment to
833 the adopted work program and amend that portion of the
834 department’s approved budget in the event that the delay
835 incident to the notification requirements in paragraph (f) (d)
836 would be detrimental to the interests of the state. However, the
837 department shall immediately notify the parties specified in
838 paragraph (f) (d) and shall provide such parties written
839 justification for the emergency action within 7 days of the
840 approval by the Executive Office of the Governor of the
841 amendment to the adopted work program and the department’s
842 budget. In no event may the adopted work program be amended
843 under the provisions of this subsection without the
844 certification by the comptroller of the department that there
845 are sufficient funds available pursuant to the 36-month cash
846 forecast and applicable statutes.
847 Reviser’s note.—Amended to conform cross-references to
848 the addition of new paragraphs (7)(a) and (b) by s.
849 51, ch. 2010-153, Laws of Florida. Paragraph (d) is
850 also amended to correct an apparent error; the
851 reference to paragraph (b) was substituted for a
852 reference to paragraph (c) by s. 47, ch. 2005-152,
853 Laws of Florida. The s. 47, ch. 2005-152, substitution
854 was erroneous, added as a cross-reference correction
855 to conform to a deletion of subsection (a) by an
856 earlier version of Senate Bill 2610, which was not in
857 the version of the bill that became ch. 2005-152; the
858 cross-reference was not updated to conform to that
859 change.
860 Section 22. Paragraph (a) of subsection (17) of section
861 341.302, Florida Statutes, is amended to read:
862 341.302 Rail program; duties and responsibilities of the
863 department.—The department, in conjunction with other
864 governmental entities, including the rail enterprise and the
865 private sector, shall develop and implement a rail program of
866 statewide application designed to ensure the proper maintenance,
867 safety, revitalization, and expansion of the rail system to
868 assure its continued and increased availability to respond to
869 statewide mobility needs. Within the resources provided pursuant
870 to chapter 216, and as authorized under federal law, the
871 department shall:
872 (17) In conjunction with the acquisition, ownership,
873 construction, operation, maintenance, and management of a rail
874 corridor, have the authority to:
875 (a) Assume the obligation by contract to forever protect,
876 defend, indemnify, and hold harmless the freight rail operator,
877 or its successors, from whom the department has acquired a real
878 property interest in the rail corridor, and that freight rail
879 operator’s officers, agents, and employees, from and against any
880 liability, cost, and expense, including, but not limited to,
881 commuter rail passengers and rail corridor invitees in the rail
882 corridor, regardless of whether the loss, damage, destruction,
883 injury, or death giving rise to any such liability, cost, or
884 expense is caused in whole or in part, and to whatever nature or
885 degree, by the fault, failure, negligence, misconduct,
886 nonfeasance, or misfeasance of such freight rail operator, its
887 successors, or its officers, agents, and employees, or any other
888 person or persons whomsoever, provided that such assumption of
889 liability of the department by contract shall not in any
890 instance exceed the following parameters of allocation of risk:
891 1. The department may be solely responsible for any loss,
892 injury, or damage to commuter rail passengers, or rail corridor
893 invitees, or trespassers, regardless of circumstances or cause,
894 subject to subparagraphs 2., 3., 4., 5., and 6.
895 2. In the event of a limited covered accident, the
896 authority of the department to protect, defend, and indemnify
897 the freight operator for all liability, cost, and expense,
898 including punitive or exemplary damages, in excess of the
899 deductible or self-insurance retention fund established under
900 paragraph (b) and actually in force at the time of the limited
901 covered accident exists only if the freight operator agrees,
902 with respect to the limited covered accident, to protect,
903 defend, and indemnify the department for the amount of the
904 deductible or self-insurance retention fund established under
905 paragraph (b) and actually in force at the time of the limited
906 covered accident.
907 3. When only one train is involved in an incident, the
908 department may be solely responsible for any loss, injury, or
909 damage if the train is a department train or other train
910 pursuant to subparagraph 4., but only if when an incident occurs
911 with only a freight train involved, including incidents with
912 trespassers or at grade crossings, the freight rail operator is
913 solely responsible for any loss, injury, or damage, except for
914 commuter rail passengers and rail corridor invitees.
915 4. For the purposes of this subsection, any train involved
916 in an incident that is neither the department’s train nor the
917 freight rail operator’s train, hereinafter referred to in this
918 subsection as an “other train,” may be treated as a department
919 train, solely for purposes of any allocation of liability
920 between the department and the freight rail operator only, but
921 only if the department and the freight rail operator share
922 responsibility equally as to third parties outside the rail
923 corridor who incur loss, injury, or damage as a result of any
924 incident involving both a department train and a freight rail
925 operator train, and the allocation as between the department and
926 the freight rail operator, regardless of whether the other train
927 is treated as a department train, shall remain one-half each as
928 to third parties outside the rail corridor who incur loss,
929 injury, or damage as a result of the incident. The involvement
930 of any other train shall not alter the sharing of equal
931 responsibility as to third parties outside the rail corridor who
932 incur loss, injury, or damage as a result of the incident.
933 5. When more than one train is involved in an incident:
934 a. If only a department train and freight rail operator’s
935 train, or only an other train as described in subparagraph 4.
936 and a freight rail operator’s train, are involved in an
937 incident, the department may be responsible for its property and
938 all of its people, all commuter rail passengers, and rail
939 corridor invitees, but only if the freight rail operator is
940 responsible for its property and all of its people, and the
941 department and the freight rail operator each share one-half
942 responsibility as to trespassers or third parties outside the
943 rail corridor who incur loss, injury, or damage as a result of
944 the incident.
945 b. If a department train, a freight rail operator train,
946 and any other train are involved in an incident, the allocation
947 of liability between the department and the freight rail
948 operator, regardless of whether the other train is treated as a
949 department train, shall remain one-half each as to third parties
950 outside the rail corridor who incur loss, injury, or damage as a
951 result of the incident; the involvement of any other train shall
952 not alter the sharing of equal responsibility as to third
953 parties outside the rail corridor who incur loss, injury, or
954 damage as a result of the incident; and, if the owner, operator,
955 or insurer of the other train makes any payment to injured third
956 parties outside the rail corridor who incur loss, injury, or
957 damage as a result of the incident, the allocation of credit
958 between the department and the freight rail operator as to such
959 payment shall not in any case reduce the freight rail operator’s
960 third-party-sharing allocation of one-half under this paragraph
961 to less than one-third of the total third party liability.
962 6. Any such contractual duty to protect, defend, indemnify,
963 and hold harmless such a freight rail operator shall expressly
964 include a specific cap on the amount of the contractual duty,
965 which amount shall not exceed $200 million without prior
966 legislative approval, and the department to purchase liability
967 insurance and establish a self-insurance retention fund in the
968 amount of the specific cap established under this subparagraph,
969 provided that:
970 a. No such contractual duty shall in any case be effective
971 nor otherwise extend the department’s liability in scope and
972 effect beyond the contractual liability insurance and self
973 insurance retention fund required pursuant to this paragraph;
974 and
975 b. The freight rail operator’s compensation to the
976 department for future use of the department’s rail corridor
977 shall include a monetary contribution to the cost of such
978 liability coverage for the sole benefit of the freight rail
979 operator.
980
981 Neither the assumption by contract to protect, defend,
982 indemnify, and hold harmless; the purchase of insurance; nor the
983 establishment of a self-insurance retention fund shall be deemed
984 to be a waiver of any defense of sovereign immunity for torts
985 nor deemed to increase the limits of the department’s or the
986 governmental entity’s liability for torts as provided in s.
987 768.28. The requirements of s. 287.022(1) shall not apply to the
988 purchase of any insurance under this subsection. The provisions
989 of this subsection shall apply and inure fully as to any other
990 governmental entity providing commuter rail service and
991 constructing, operating, maintaining, or managing a rail
992 corridor on publicly owned right-of-way under contract by the
993 governmental entity with the department or a governmental entity
994 designated by the department. Notwithstanding any law to the
995 contrary, procurement for the construction, operation,
996 maintenance, and management of any rail corridor described in
997 this subsection, whether by the department, a governmental
998 entity under contract with the department, or a governmental
999 entity designated by the department, shall be pursuant to s.
1000 287.057 and shall include, but not be limited to, criteria for
1001 the consideration of qualifications, technical aspects of the
1002 proposal, and price. Further, any such contract for design-build
1003 shall be procured pursuant to the criteria in s. 337.11(7).
1004 Reviser’s note.—Amended to confirm insertion of the
1005 word “and” by the editors.
1006 Section 23. Subsection (6) of section 369.317, Florida
1007 Statutes, is reenacted to read:
1008 369.317 Wekiva Parkway.—
1009 (6) The Orlando-Orange County Expressway Authority is
1010 hereby granted the authority to act as a third-party acquisition
1011 agent, pursuant to s. 259.041 on behalf of the Board of Trustees
1012 or chapter 373 on behalf of the governing board of the St. Johns
1013 River Water Management District, for the acquisition of all
1014 necessary lands, property and all interests in property
1015 identified herein, including fee simple or less-than-fee simple
1016 interests. The lands subject to this authority are identified in
1017 paragraph 10.a., State of Florida, Office of the Governor,
1018 Executive Order 03-112 of July 1, 2003, and in Recommendation 16
1019 of the Wekiva Basin Area Task Force created by Executive Order
1020 2002-259, such lands otherwise known as Neighborhood Lakes, a
1021 1,587+/-acre parcel located in Orange and Lake Counties within
1022 Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
1023 and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
1024 Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
1025 County within Section 37, Township 19 South, Range 28 East; New
1026 Garden Coal; a 1,605+/-acre parcel in Lake County within
1027 Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
1028 East; Pine Plantation, a 617+/-acre tract consisting of eight
1029 individual parcels within the Apopka City limits. The Department
1030 of Transportation, the Department of Environmental Protection,
1031 the St. Johns River Water Management District, and other land
1032 acquisition entities shall participate and cooperate in
1033 providing information and support to the third-party acquisition
1034 agent. The land acquisition process authorized by this paragraph
1035 shall begin no later than December 31, 2004. Acquisition of the
1036 properties identified as Neighborhood Lakes, Pine Plantation,
1037 and New Garden Coal, or approval as a mitigation bank shall be
1038 concluded no later than December 31, 2010. Department of
1039 Transportation and Orlando-Orange County Expressway Authority
1040 funds expended to purchase an interest in those lands identified
1041 in this subsection shall be eligible as environmental mitigation
1042 for road construction related impacts in the Wekiva Study Area.
1043 If any of the lands identified in this subsection are used as
1044 environmental mitigation for road-construction-related impacts
1045 incurred by the Department of Transportation or Orlando-Orange
1046 County Expressway Authority, or for other impacts incurred by
1047 other entities, within the Wekiva Study Area or within the
1048 Wekiva parkway alignment corridor, and if the mitigation offsets
1049 these impacts, the St. Johns River Water Management District and
1050 the Department of Environmental Protection shall consider the
1051 activity regulated under part IV of chapter 373 to meet the
1052 cumulative impact requirements of s. 373.414(8)(a).
1053 (a) Acquisition of the land described in this section is
1054 required to provide right of way for the Wekiva Parkway, a
1055 limited access roadway linking State Road 429 to Interstate 4,
1056 an essential component in meeting regional transportation needs
1057 to provide regional connectivity, improve safety, accommodate
1058 projected population and economic growth, and satisfy critical
1059 transportation requirements caused by increased traffic volume
1060 growth and travel demands.
1061 (b) Acquisition of the lands described in this section is
1062 also required to protect the surface water and groundwater
1063 resources of Lake, Orange, and Seminole counties, otherwise
1064 known as the Wekiva Study Area, including recharge within the
1065 springshed that provides for the Wekiva River system. Protection
1066 of this area is crucial to the long term viability of the Wekiva
1067 River and springs and the central Florida region’s water supply.
1068 Acquisition of the lands described in this section is also
1069 necessary to alleviate pressure from growth and development
1070 affecting the surface and groundwater resources within the
1071 recharge area.
1072 (c) Lands acquired pursuant to this section that are needed
1073 for transportation facilities for the Wekiva Parkway shall be
1074 determined not necessary for conservation purposes pursuant to
1075 ss. 253.034(6) and 373.089(5) and shall be transferred to or
1076 retained by the Orlando-Orange County Expressway Authority or
1077 the Department of Transportation upon reimbursement of the full
1078 purchase price and acquisition costs.
1079 Reviser’s note.—Section 44, ch. 2010-205, Laws of
1080 Florida, and s. 35, ch. 2010-225, Laws of Florida,
1081 amended subsection (6) without publishing paragraphs
1082 (a)-(c). Absent affirmative evidence of legislative
1083 intent to repeal paragraphs (a)-(c), subsection (6) is
1084 reenacted to confirm the omission was not intended.
1085 Section 24. Paragraph (e) of subsection (7) of section
1086 373.036, Florida Statutes, is amended to read:
1087 373.036 Florida water plan; district water management
1088 plans.—
1089 (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
1090 (e) In addition to the elements specified in paragraph (b),
1091 the South Florida Water Management District shall include in the
1092 consolidated annual report the following elements:
1093 1. The Lake Okeechobee Protection Program annual progress
1094 report required by s. 373.4595(6) 373.4595(3)(g).
1095 2. The Everglades annual progress reports specified in s.
1096 373.4592(4)(d)5., (13), and (14).
1097 3. The Everglades restoration annual report required by s.
1098 373.470(7).
1099 4. The Everglades Forever Act annual implementation report
1100 required by s. 11.80(4).
1101 5. The Everglades Trust Fund annual expenditure report
1102 required by s. 373.45926(3).
1103 Reviser’s note.—Amended to conform to the location of
1104 material requiring annual progress reports in s.
1105 373.4595(6).
1106 Section 25. Section 376.011, Florida Statutes, is amended
1107 to read:
1108 376.011 Pollutant Discharge Prevention and Control Act;
1109 short title.—Sections 376.011-376.165 376.011-376.17, 376.19
1110 376.21 shall be known as the “Pollutant Discharge Prevention and
1111 Control Act.”
1112 Reviser’s note.—Amended to conform to the repeal of s.
1113 376.17 by s. 85, ch. 2010-102, Laws of Florida.
1114 Section 26. Paragraph (c) of subsection (4) of section
1115 380.0552, Florida Statutes, is amended to read:
1116 380.0552 Florida Keys Area; protection and designation as
1117 area of critical state concern.—
1118 (4) REMOVAL OF DESIGNATION.—
1119 (c) After receipt of the state land planning agency report
1120 and recommendation, the Administration Commission shall
1121 determine whether the requirements have been fulfilled and may
1122 remove the designation of the Florida Keys as an area of
1123 critical state concern. If the commission removes the
1124 designation, it shall initiate rulemaking to repeal any rules
1125 relating to such designation within 60 days. If, after receipt
1126 of the state land planning agency’s report and recommendation,
1127 the commission finds that the requirements for recommending
1128 removal of designation have not been met, the commission shall
1129 provide a written report to the local governments within 30 days
1130 after making such a finding detailing the tasks that must be
1131 completed by the local government.
1132 Reviser’s note.—Amended to confirm insertion of the
1133 word “to” by the editors.
1134 Section 27. Paragraph (a) of subsection (18) of section
1135 380.503, Florida Statutes, is amended to read:
1136 380.503 Definitions.—As used in ss. 380.501-380.515, unless
1137 the context indicates a different meaning or intent:
1138 (18) “Working waterfront” means:
1139 (a) A parcel or parcels of land directly used for the
1140 purposes of the commercial harvest of marine organisms or
1141 saltwater products by state-licensed commercial fishers
1142 fishermen, aquaculturists, or business entities, including
1143 piers, wharves, docks, or other facilities operated to provide
1144 waterfront access to licensed commercial fishers fishermen,
1145 aquaculturists, or business entities; or
1146 Reviser’s note.—Amended pursuant to the directive of
1147 the Legislature in s. 1, ch. 93-199, Laws of Florida,
1148 to remove gender-specific references applicable to
1149 human beings from the Florida Statutes without
1150 substantive change in legal effect.
1151 Section 28. Paragraph (j) of subsection (3) of section
1152 381.0065, Florida Statutes, is amended to read:
1153 381.0065 Onsite sewage treatment and disposal systems;
1154 regulation.—
1155 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
1156 department shall:
1157 (j) Supervise research on, demonstration of, and training
1158 on the performance, environmental impact, and public health
1159 impact of onsite sewage treatment and disposal systems within
1160 this state. Research fees collected under s. 381.0066(2)(l)
1161 381.0066(2)(k) must be used to develop and fund hands-on
1162 training centers designed to provide practical information about
1163 onsite sewage treatment and disposal systems to septic tank
1164 contractors, master septic tank contractors, contractors,
1165 inspectors, engineers, and the public and must also be used to
1166 fund research projects which focus on improvements of onsite
1167 sewage treatment and disposal systems, including use of
1168 performance-based standards and reduction of environmental
1169 impact. Research projects shall be initially approved by the
1170 technical review and advisory panel and shall be applicable to
1171 and reflect the soil conditions specific to Florida. Such
1172 projects shall be awarded through competitive negotiation, using
1173 the procedures provided in s. 287.055, to public or private
1174 entities that have experience in onsite sewage treatment and
1175 disposal systems in Florida and that are principally located in
1176 Florida. Research projects shall not be awarded to firms or
1177 entities that employ or are associated with persons who serve on
1178 either the technical review and advisory panel or the research
1179 review and advisory committee.
1180 Reviser’s note.—Amended to conform to the
1181 redesignation of s. 381.0066(2)(k) as s.
1182 381.0066(2)(l) by s. 37, ch. 2010-205, Laws of
1183 Florida.
1184 Section 29. Paragraphs (a), (b), and (j) of subsection (2)
1185 of section 401.465, Florida Statutes, are amended to read:
1186 401.465 911 public safety telecommunicator certification.—
1187 (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
1188 (a) Effective October 1, 2012, any person employed as a 911
1189 public safety telecommunicator at a public safety answering
1190 point, as defined in s. 365.172(3)(a), must be certified by the
1191 department.
1192 (b) A public safety agency, as defined in s. 365.171(3)(d),
1193 may employ a 911 public safety telecommunicator trainee for a
1194 period not to exceed 12 months if the trainee works under the
1195 direct supervision of a certified 911 public safety
1196 telecommunicator, as determined by rule of the department, and
1197 is enrolled in a public safety telecommunication training
1198 program.
1199 (j) If a person was employed as a 911 public safety
1200 telecommunicator, a sworn state-certified law enforcement
1201 officer, or a state-certified firefighter before April 1, 2012,
1202 he or she must pass the examination administered by the
1203 department which measures the competency and proficiency in the
1204 subject material of the public safety telecommunication program,
1205 as defined in paragraph (1)(c). Upon passage of the examination,
1206 the completion of the public safety telecommunication training
1207 program shall be waived.
1208 Reviser’s note.—Amended to confirm insertion of the
1209 word “in” by the editors.
1210 Section 30. Subsection (4) of section 402.7305, Florida
1211 Statutes, is amended to read:
1212 402.7305 Department of Children and Family Services;
1213 procurement of contractual services; contract management.—
1214 (4) CONTRACT MONITORING REQUIREMENTS AND PROCESS.—The
1215 department shall establish contract monitoring units staffed by
1216 career service employees who report to a member of the Selected
1217 Exempt Service or Senior Management Service and who have been
1218 properly trained to perform contract monitoring. At least one
1219 member of the contract monitoring unit must possess specific
1220 knowledge and experience in the contract’s program area. The
1221 department shall establish a contract monitoring process that
1222 includes, but is not be limited to, the following requirements:
1223 (a) Performing a risk assessment at the start of each
1224 fiscal year and preparing an annual contract monitoring schedule
1225 that considers the level of risk assigned. The department may
1226 monitor any contract at any time regardless of whether such
1227 monitoring was originally included in the annual contract
1228 monitoring schedule.
1229 (b) Preparing a contract monitoring plan, including
1230 sampling procedures, before performing onsite monitoring at
1231 external locations of a service provider. The plan must include
1232 a description of the programmatic, fiscal, and administrative
1233 components that will be monitored on site. If appropriate,
1234 clinical and therapeutic components may be included.
1235 (c) Conducting analyses of the performance and compliance
1236 of an external service provider by means of desk reviews if the
1237 external service provider will not be monitored on site during a
1238 fiscal year.
1239 (d) Unless the department sets forth in writing the need
1240 for an extension, providing a written report presenting the
1241 results of the monitoring within 30 days after the completion of
1242 the onsite monitoring or desk review.
1243 (e) Developing and maintaining a set of procedures
1244 describing the contract monitoring process.
1245
1246 Notwithstanding any other provision of this section, the
1247 department shall limit monitoring of a child-caring or child
1248 placing services provider under this subsection to only once per
1249 year. Such monitoring may not duplicate administrative
1250 monitoring that is included in the survey of a child welfare
1251 provider conducted by a national accreditation organization
1252 specified under s. 402.7306(1).
1253 Reviser’s note.—Amended to confirm deletion of the
1254 word “be” by the editors.
1255 Section 31. Subsection (3) of section 403.7032, Florida
1256 Statutes, is amended to read:
1257 403.7032 Recycling.—
1258 (3) Each state agency, K-12 public school, public
1259 institution of higher learning, community college, and state
1260 university, including all buildings that are occupied by
1261 municipal, county, or state employees and entities occupying
1262 buildings managed by the Department of Management Services,
1263 must, at a minimum, annually report all recycled materials to
1264 the county using the department’s designated reporting format.
1265 Private businesses, other than certified recovered materials
1266 dealers, that recycle paper, metals, glass, plastics, textiles,
1267 rubber materials, and mulch, are encouraged to report the amount
1268 of materials they recycle to the county annually beginning
1269 January 1, 2011, using the department’s designated reporting
1270 format. Using the information provided, the department shall
1271 recognize those private businesses that demonstrate outstanding
1272 recycling efforts. Notwithstanding any other provision of state
1273 or county law, private businesses, other than certified
1274 recovered materials dealers, shall not be required to report
1275 recycling rates. Cities with less than a population of 2,500 and
1276 per capita taxable value less than $48,000 and cities with a per
1277 capita taxable value less than $30,000 are exempt from the
1278 reporting requirement specified in this subsection paragraph.
1279 Reviser’s note.—Amended to confirm substitution by the
1280 editors of the word “subsection” for the word
1281 “paragraph” to conform to the structure of the text.
1282 Section 32. Subsection (1) of section 403.891, Florida
1283 Statutes, is amended to read:
1284 403.891 Water Protection and Sustainability Program Trust
1285 Fund of the Department of Environmental Protection.—
1286 (1) The Water Protection and Sustainability Program Trust
1287 Fund is created within the Department of Environmental
1288 Protection. The purpose of the trust fund is to implement the
1289 Water Protection and Sustainability and Protection Program
1290 created in s. 403.890.
1291 Reviser’s note.—Amended to conform to the name of the
1292 program as referenced in s. 403.890.
1293 Section 33. Paragraph (c) of subsection (5) of section
1294 411.01, Florida Statutes, is amended to read:
1295 411.01 School readiness programs; early learning
1296 coalitions.—
1297 (5) CREATION OF EARLY LEARNING COALITIONS.—
1298 (c) Program expectations.—
1299 1. The school readiness program must meet the following
1300 expectations:
1301 a. The program must, at a minimum, enhance the age
1302 appropriate progress of each child in attaining the performance
1303 standards and outcome measures adopted by the Agency for
1304 Workforce Innovation.
1305 b. The program must provide extended-day and extended-year
1306 services to the maximum extent possible without compromising the
1307 quality of the program to meet the needs of parents who work.
1308 c. The program must provide a coordinated professional
1309 development system that supports the achievement and maintenance
1310 of core competencies by school readiness instructors in helping
1311 children attain the performance standards and outcome measures
1312 adopted by the Agency for Workforce Innovation.
1313 d. There must be expanded access to community services and
1314 resources for families to help achieve economic self
1315 sufficiency.
1316 e. There must be a single point of entry and unified
1317 waiting list. As used in this sub-subparagraph, the term “single
1318 point of entry” means an integrated information system that
1319 allows a parent to enroll his or her child in the school
1320 readiness program at various locations throughout a county, that
1321 may allow a parent to enroll his or her child by telephone or
1322 through an Internet website, and that uses a unified waiting
1323 list to track eligible children waiting for enrollment in the
1324 school readiness program. The Agency for Workforce Innovation
1325 shall establish through technology a single statewide
1326 information system that each coalition must use for the purposes
1327 of managing the single point of entry, tracking children’s
1328 progress, coordinating services among stakeholders, determining
1329 eligibility, tracking child attendance, and streamlining
1330 administrative processes for providers and early learning
1331 coalitions.
1332 f. The Agency for Workforce Innovation must consider the
1333 access of eligible children to the school readiness program, as
1334 demonstrated in part by waiting lists, before approving a
1335 proposed increase in payment rates submitted by an early
1336 learning coalition. In addition, early learning coalitions shall
1337 use school readiness funds made available due to enrollment
1338 shifts from school readiness programs to the Voluntary
1339 Prekindergarten Education Program for increasing the number of
1340 children served in school readiness programs before increasing
1341 payment rates.
1342 g. The program must meet all state licensing guidelines,
1343 where applicable.
1344 h. The program must ensure that minimum standards for child
1345 discipline practices are age-appropriate. Such standards must
1346 provide that children not be subjected to discipline that is
1347 severe, humiliating, or frightening or discipline that is
1348 associated with food, rest, or toileting. Spanking or any other
1349 form of physical punishment is prohibited.
1350 2. Each early learning coalition must implement a
1351 comprehensive program of school readiness services in accordance
1352 with the rules adopted by the agency which enhance the
1353 cognitive, social, and physical development of children to
1354 achieve the performance standards and outcome measures. At a
1355 minimum, these programs must contain the following system
1356 support service elements:
1357 a. Developmentally appropriate curriculum designed to
1358 enhance the age-appropriate progress of children in attaining
1359 the performance standards adopted by the Agency for Workforce
1360 Innovation under subparagraph (4)(d)8.
1361 b. A character development program to develop basic values.
1362 c. An age-appropriate screening of each child’s
1363 development.
1364 d. An age-appropriate assessment administered to children
1365 when they enter a program and an age-appropriate assessment
1366 administered to children when they leave the program.
1367 e. An appropriate staff-to-children ratio, pursuant to s.
1368 402.305(4) or s. 402.302(8) or (9) 402.302(7) or (8), as
1369 applicable, and as verified pursuant to s. 402.311.
1370 f. A healthy and safe environment pursuant to s.
1371 401.305(5), (6), and (7), as applicable, and as verified
1372 pursuant to s. 402.311.
1373 g. A resource and referral network established under s.
1374 411.0101 to assist parents in making an informed choice and a
1375 regional Warm-Line under s. 411.01015.
1376
1377 The Agency for Workforce Innovation, the Department of
1378 Education, and early learning coalitions shall coordinate with
1379 the Child Care Services Program Office of the Department of
1380 Children and Family Services to minimize duplicating interagency
1381 activities pertaining to acquiring and composing data for child
1382 care training and credentialing.
1383 Reviser’s note.—Amended to conform to the
1384 redesignation of subsections within s. 402.302 by s.
1385 1, ch. 2010-158, Laws of Florida.
1386 Section 34. Subsection (1) of section 435.03, Florida
1387 Statutes, is amended to read:
1388 435.03 Level 1 screening standards.—
1389 (1) All employees required by law to be screened pursuant
1390 to this section must undergo background screening as a condition
1391 of employment and continued employment which includes, but need
1392 not be limited to, employment history checks and statewide
1393 criminal correspondence checks through the Department of Law
1394 Enforcement, and a check of the Dru Sjodin National Sex Offender
1395 Public Website, and may include local criminal records checks
1396 through local law enforcement agencies.
1397 Reviser’s note.—Amended to confirm insertion of the
1398 word “and” by the editors.
1399 Section 35. Paragraph (b) of subsection (1) of section
1400 443.091, Florida Statutes, is amended to read:
1401 443.091 Benefit eligibility conditions.—
1402 (1) An unemployed individual is eligible to receive
1403 benefits for any week only if the Agency for Workforce
1404 Innovation finds that:
1405 (b) She or he has registered with the agency for work and
1406 subsequently reports to the one-stop career center as directed
1407 by the regional workforce board for reemployment services. This
1408 requirement does not apply to persons who are:
1409 1. Non-Florida residents;
1410 2. On a temporary layoff, as defined in s. 443.036(42);
1411 3. Union members who customarily obtain employment through
1412 though a union hiring hall; or
1413 4. Claiming benefits under an approved short-time
1414 compensation plan as provided in s. 443.1116.
1415 Reviser’s note.—Amended to confirm substitution by the
1416 editors of the word “through” for the word “though” to
1417 conform to context.
1418 Section 36. Subsection (6) of section 443.131, Florida
1419 Statutes, is amended to read:
1420 443.131 Contributions.—
1421 (6) INVALIDITY OF CERTAIN PROVISIONS.—If any provision of
1422 this section prevents the state from qualifying for any federal
1423 interest relief provisions provided under s. 1202 of the Social
1424 Security Act, 42 U.S.C. s. 1322, or prevents employers in this
1425 state from qualifying for the limitation on credit reduction as
1426 provided under s. 3302(f) of the Federal Unemployment Tax Act,
1427 chapter 23 of Title 26 U.S.C. s. 3302(f), that provision is
1428 invalid to the extent necessary to maintain qualification for
1429 the interest relief provisions and federal unemployment tax
1430 credits.
1431 Reviser’s note.—Amended to conform to the full cite
1432 for the Federal Unemployment Tax Act; the act is
1433 chapter 23 of Title 26 U.S.C.
1434 Section 37. Subsection (1) of section 443.141, Florida
1435 Statutes, is reenacted to read:
1436 443.141 Collection of contributions and reimbursements.—
1437 (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
1438 ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
1439 (a) Interest.—Contributions or reimbursements unpaid on the
1440 date due bear interest at the rate of 1 percent per month from
1441 and after that date until payment plus accrued interest is
1442 received by the tax collection service provider, unless the
1443 service provider finds that the employing unit has good reason
1444 for failing to pay the contributions or reimbursements when due.
1445 Interest collected under this subsection must be paid into the
1446 Special Employment Security Administration Trust Fund.
1447 (b) Penalty for delinquent, erroneous, incomplete, or
1448 insufficient reports.—
1449 1. An employing unit that fails to file any report required
1450 by the Agency for Workforce Innovation or its tax collection
1451 service provider, in accordance with rules for administering
1452 this chapter, shall pay to the service provider for each
1453 delinquent report the sum of $25 for each 30 days or fraction
1454 thereof that the employing unit is delinquent, unless the agency
1455 or its service provider, whichever required the report, finds
1456 that the employing unit has good reason for failing to file the
1457 report. The agency or its service provider may assess penalties
1458 only through the date of the issuance of the final assessment
1459 notice. However, additional penalties accrue if the delinquent
1460 report is subsequently filed.
1461 2.a. An employing unit that files an erroneous, incomplete,
1462 or insufficient report with the Agency for Workforce Innovation
1463 or its tax collection service provider shall pay a penalty. The
1464 amount of the penalty is $50 or 10 percent of any tax due,
1465 whichever is greater, but no more than $300 per report. The
1466 penalty shall be added to any tax, penalty, or interest
1467 otherwise due.
1468 b. The agency or its tax collection service provider shall
1469 waive the penalty if the employing unit files an accurate,
1470 complete, and sufficient report within 30 days after a penalty
1471 notice is issued to the employing unit. The penalty may not be
1472 waived pursuant to this subparagraph more than one time during a
1473 12-month period.
1474 c. As used in this subsection, the term “erroneous,
1475 incomplete, or insufficient report” means a report so lacking in
1476 information, completeness, or arrangement that the report cannot
1477 be readily understood, verified, or reviewed. Such reports
1478 include, but are not limited to, reports having missing wage or
1479 employee information, missing or incorrect social security
1480 numbers, or illegible entries; reports submitted in a format
1481 that is not approved by the agency or its tax collection service
1482 provider; and reports showing gross wages that do not equal the
1483 total of the wages of each employee. However, the term does not
1484 include a report that merely contains inaccurate data that was
1485 supplied to the employer by the employee, if the employer was
1486 unaware of the inaccuracy.
1487 3. Penalties imposed pursuant to this paragraph shall be
1488 deposited in the Special Employment Security Administration
1489 Trust Fund.
1490 4. The penalty and interest for a delinquent, erroneous,
1491 incomplete, or insufficient report may be waived if the penalty
1492 or interest is inequitable. The provisions of s. 213.24(1) apply
1493 to any penalty or interest that is imposed under this section.
1494 (c) Application of partial payments.—If a delinquency
1495 exists in the employment record of an employer not in
1496 bankruptcy, a partial payment less than the total delinquency
1497 amount shall be applied to the employment record as the payor
1498 directs. In the absence of specific direction, the partial
1499 payment shall be applied to the payor’s employment record as
1500 prescribed in the rules of the Agency for Workforce Innovation
1501 or the state agency providing tax collection services.
1502 (d) Payments for 2010 Contributions.—For an annual
1503 administrative fee not to exceed $5, a contributing employer may
1504 pay its quarterly contributions due for wages paid in the first
1505 three quarters of 2010 in equal installments if those
1506 contributions are paid as follows:
1507 1. For contributions due for wages paid in the first
1508 quarter of 2010, one-fourth of the contributions due must be
1509 paid on or before April 30, 2010, one-fourth must be paid on or
1510 before July 31, 2010, one-fourth must be paid on or before
1511 October 31, 2010, and the remaining one-fourth must be paid on
1512 or before December 31, 2010.
1513 2. In addition to the payments specified in subparagraph
1514 1., for contributions due for wages paid in the second quarter
1515 of 2010, one-third of the contributions due must be paid on or
1516 before July 31, 2010, one-third must be paid on or before
1517 October 31, 2010, and the remaining one-third must be paid on or
1518 before December 31, 2010.
1519 3. In addition to the payments specified in subparagraphs
1520 1. and 2., for contributions due for wages paid in the third
1521 quarter of 2010, one-half of the contributions due must be paid
1522 on or before October 31, 2010, and the remaining one-half must
1523 be paid on or before December 31, 2010.
1524 4. The annual administrative fee not to exceed $5 for the
1525 election to pay under the installment method shall be collected
1526 at the time the employer makes the first installment payment.
1527 The $5 fee shall be segregated from the payment and shall be
1528 deposited in the Operating Trust Fund within the Department of
1529 Revenue.
1530 5. Interest does not accrue on any contribution that
1531 becomes due for wages paid in the first three quarters of 2010
1532 if the employer pays the contribution in accordance with
1533 subparagraphs 1.-4. Interest and fees continue to accrue on
1534 prior delinquent contributions and commence accruing on all
1535 contributions due for wages paid in the first three quarters of
1536 2010 which are not paid in accordance with subparagraphs 1.-3.
1537 Penalties may be assessed in accordance with this chapter. The
1538 contributions due for wages paid in the fourth quarter of 2010
1539 are not affected by this paragraph and are due and payable in
1540 accordance with this chapter.
1541 (e) Payments for 2011 Contributions.—For an annual
1542 administrative fee not to exceed $5, a contributing employer may
1543 pay its quarterly contributions due for wages paid in the first
1544 three quarters of 2011 in equal installments if those
1545 contributions are paid as follows:
1546 1. For contributions due for wages paid in the first
1547 quarter of 2011, one-fourth of the contributions due must be
1548 paid on or before April 30, 2011, one-fourth must be paid on or
1549 before July 31, 2011, one-fourth must be paid on or before
1550 October 31, 2011, and the remaining one-fourth must be paid on
1551 or before December 31, 2011.
1552 2. In addition to the payments specified in subparagraph
1553 1., for contributions due for wages paid in the second quarter
1554 of 2011, one-third of the contributions due must be paid on or
1555 before July 31, 2011, one-third must be paid on or before
1556 October 31, 2011, and the remaining one-third must be paid on or
1557 before December 31, 2011.
1558 3. In addition to the payments specified in subparagraphs
1559 1. and 2., for contributions due for wages paid in the third
1560 quarter of 2011, one-half of the contributions due must be paid
1561 on or before October 31, 2011, and the remaining one-half must
1562 be paid on or before December 31, 2011.
1563 4. The annual administrative fee not to exceed $5 for the
1564 election to pay under the installment method shall be collected
1565 at the time the employer makes the first installment payment.
1566 The $5 fee shall be segregated from the payment and shall be
1567 deposited in the Operating Trust Fund within the Department of
1568 Revenue.
1569 5. Interest does not accrue on any contribution that
1570 becomes due for wages paid in the first three quarters of 2011
1571 if the employer pays the contribution in accordance with
1572 subparagraphs 1.-4. Interest and fees continue to accrue on
1573 prior delinquent contributions and commence accruing on all
1574 contributions due for wages paid in the first three quarters of
1575 2011 which are not paid in accordance with subparagraphs 1.-3.
1576 Penalties may be assessed in accordance with this chapter. The
1577 contributions due for wages paid in the fourth quarter of 2011
1578 are not affected by this paragraph and are due and payable in
1579 accordance with this chapter.
1580 (f) Adoption of rules.—The Agency for Workforce Innovation
1581 and the state agency providing unemployment tax collection
1582 services may adopt rules to administer this subsection.
1583 Reviser’s note.—Section 10, ch. 2010-90, Laws of
1584 Florida, and s. 20, ch. 2010-138, Laws of Florida,
1585 amended subsection (1) without publishing paragraphs
1586 (d) and (e), which were added to subsection (1) by s.
1587 5, ch. 2010-1, Laws of Florida. Absent affirmative
1588 evidence of legislative intent to repeal paragraphs
1589 (d) and (e), subsection (1) is reenacted to confirm
1590 the omission was not intended.
1591 Section 38. Subsection (27) of section 479.01, Florida
1592 Statutes, is amended to read:
1593 479.01 Definitions.—As used in this chapter, the term:
1594 (27) “Urban area” has the same meaning as defined in s.
1595 334.03(32) 334.03(29).
1596 Reviser’s note.—Amended to conform to the fact that
1597 the term “urban area” is defined in s. 334.03(32); s.
1598 334.03(29) defines “sufficiency rating.”
1599 Section 39. Subsection (4) of section 494.00331, Florida
1600 Statutes, is amended to read:
1601 494.00331 Loan originator employment.—
1602 (4) A loan originator that currently has a declaration of
1603 intent to engage solely in loan processing on file with the
1604 office may withdraw his or her declaration of intent to engage
1605 solely in loan processing. The withdrawal of declaration of
1606 intent must be on such form as prescribed by commission rule.
1607 Reviser’s note.—Amended to confirm insertion of the
1608 word “be” by the editors.
1609 Section 40. Subsection (1) of section 497.372, Florida
1610 Statutes, is reenacted to read:
1611 497.372 Funeral directing; conduct constituting practice of
1612 funeral directing.—
1613 (1) The practice of funeral directing shall be construed to
1614 consist of the following functions, which may be performed only
1615 by a licensed funeral director:
1616 (a) Selling or offering to sell funeral services,
1617 embalming, cremation, or other services relating to the final
1618 disposition of human remains, including the removal of such
1619 remains from the state, on an at-need basis.
1620 (b) Planning or arranging, on an at-need basis, the details
1621 of funeral services, embalming, cremation, or other services
1622 relating to the final disposition of human remains, including
1623 the removal of such remains from the state, with the family or
1624 friends of the decedent or any other person responsible for such
1625 services; setting the time of the services; establishing the
1626 type of services to be rendered; acquiring the services of the
1627 clergy; and obtaining vital information for the filing of death
1628 certificates and obtaining of burial transit permits.
1629 (c) Making, negotiating, or completing the financial
1630 arrangements for funeral services, embalming, cremation, or
1631 other services relating to the final disposition of human
1632 remains, including the removal of such remains from the state,
1633 on an at-need basis, except that nonlicensed personnel may
1634 assist the funeral director in performing such tasks.
1635 (d) Directing, being in charge or apparent charge of, or
1636 supervising, directly or indirectly, a visitation or viewing.
1637 Such functions shall not require that a licensed funeral
1638 director be physically present throughout the visitation or
1639 viewing, provided that the funeral director is readily available
1640 by telephone for consultation.
1641 (e) Directing, being in charge or apparent charge of, or
1642 supervising, directly or indirectly, any funeral service held in
1643 a funeral establishment, cemetery, or elsewhere.
1644 (f) Directing, being in charge or apparent charge of, or
1645 supervising, directly or indirectly, any memorial service held
1646 prior to or within 72 hours of the burial or cremation, if such
1647 memorial service is sold or arranged by a licensee.
1648 (g) Using in connection with one’s name or employment the
1649 words or terms “funeral director,” “funeral establishment,”
1650 “undertaker,” “mortician,” or any other word, term, title, or
1651 picture, or combination of any of the above, that when
1652 considered in the context in which used would imply that such
1653 person is engaged in the practice of funeral directing or that
1654 such person is holding herself or himself out to the public as
1655 being engaged in the practice of funeral directing; provided,
1656 however, that nothing in this paragraph shall prevent using the
1657 name of any owner, officer, or corporate director of a funeral
1658 establishment, who is not a licensee, in connection with the
1659 name of the funeral establishment with which such individual is
1660 affiliated, so long as such individual’s affiliation is properly
1661 specified.
1662 (h) Managing or supervising the operation of a funeral
1663 establishment, except for administrative matters such as
1664 budgeting, accounting and personnel, maintenance of buildings,
1665 equipment and grounds, and routine clerical and recordkeeping
1666 functions.
1667 Reviser’s note.—Section 16, ch. 2010-125, Laws of
1668 Florida, amended s. 497.372 without publishing
1669 paragraphs (d)-(h) of subsection (1). Absent
1670 affirmative evidence of legislative intent to repeal
1671 paragraphs (d)-(h), subsection (1) is reenacted to
1672 confirm the omission was not intended.
1673 Section 41. Subsection (1) of section 550.334, Florida
1674 Statutes, is amended to read:
1675 550.334 Quarter horse racing; substitutions.—
1676 (1) The operator of any licensed racetrack is authorized to
1677 lease such track to any quarter horse racing permitholder
1678 located within 35 miles of such track for the conduct of quarter
1679 horse racing under this chapter. However, a quarter horse
1680 facility located in a county where a referendum was conducted to
1681 authorize slot machines pursuant to s. 23, Art. X of the State
1682 Constitution is not subject to the mileage restriction if they
1683 lease from a licensed racetrack located within a county where a
1684 referendum was conducted to authorize slot machines pursuant to
1685 s. 23, Art. X of the State Constitution.
1686 Reviser’s note.—Amended to confirm insertion of the
1687 words “was conducted” by the editors to improve
1688 clarity.
1689 Section 42. Paragraph (c) of subsection (2) of section
1690 550.3345, Florida Statutes, is amended to read:
1691 550.3345 Conversion of quarter horse permit to a limited
1692 thoroughbred permit.—
1693 (2) Notwithstanding any other provision of law, the holder
1694 of a quarter horse racing permit issued under s. 550.334 may,
1695 within 1 year after the effective date of this section, apply to
1696 the division for a transfer of the quarter horse racing permit
1697 to a not-for-profit corporation formed under state law to serve
1698 the purposes of the state as provided in subsection (1). The
1699 board of directors of the not-for-profit corporation must be
1700 comprised of 11 members, 4 of whom shall be designated by the
1701 applicant, 4 of whom shall be designated by the Florida
1702 Thoroughbred Breeders’ Association, and 3 of whom shall be
1703 designated by the other 8 directors, with at least 1 of these 3
1704 members being an authorized representative of another
1705 thoroughbred permitholder in this state. The not-for-profit
1706 corporation shall submit an application to the division for
1707 review and approval of the transfer in accordance with s.
1708 550.054. Upon approval of the transfer by the division, and
1709 notwithstanding any other provision of law to the contrary, the
1710 not-for-profit corporation may, within 1 year after its receipt
1711 of the permit, request that the division convert the quarter
1712 horse racing permit to a permit authorizing the holder to
1713 conduct pari-mutuel wagering meets of thoroughbred racing.
1714 Neither the transfer of the quarter horse racing permit nor its
1715 conversion to a limited thoroughbred permit shall be subject to
1716 the mileage limitation or the ratification election as set forth
1717 under s. 550.054(2) or s. 550.0651. Upon receipt of the request
1718 for such conversion, the division shall timely issue a converted
1719 permit. The converted permit and the not-for-profit corporation
1720 shall be subject to the following requirements:
1721 (c) After the conversion of the quarter horse racing permit
1722 and the issuance of its initial license to conduct pari-mutuel
1723 wagering meets of thoroughbred racing, the not-for-profit
1724 corporation shall annually apply to the division for a license
1725 pursuant to s. 550.5251 550.5251(2)-(5).
1726 Reviser’s note.—Amended to conform to the amendment of
1727 s. 550.5251 by s. 18, ch. 2009-170, Laws of Florida;
1728 the current text of s. 550.5251 comprises material
1729 formerly in subsections (2), (4), and (5).
1730 Section 43. Subsection (6) of section 553.77, Florida
1731 Statutes, is amended to read:
1732 553.77 Specific powers of the commission.—
1733 (6) A member of the Florida Building Commission may abstain
1734 from voting in any matter before the commission which would
1735 inure to the commissioner’s special private gain or loss, which
1736 the commissioner knows would inure to the special private gain
1737 or loss of any principal by whom he or she is retained or to the
1738 parent organization or subsidiary of a corporate principal by
1739 which he or she is retained, or which he or she knows would
1740 inure to the special private gain or loss of a relative or
1741 business associate of the commissioner. A commissioner shall
1742 abstain from voting under the foregoing circumstances if the
1743 matter is before the commission under ss. 120.569, 120.60, and
1744 120.80. The commissioner shall, before the vote is taken,
1745 publicly state to the assembly the nature of the commissioner’s
1746 interest in the matter from which he or she is abstaining from
1747 voting and, within 15 days after the vote occurs, disclose the
1748 nature of his or her other interest as a public record in a
1749 memorandum filed with the person responsible for recording the
1750 minutes of the meeting, who shall incorporate the memorandum in
1751 the minutes.
1752 Reviser’s note.—Amended pursuant to the directive of
1753 the Legislature in s. 1, ch. 93-199, Laws of Florida,
1754 to remove gender-specific references applicable to
1755 human beings from the Florida Statutes without
1756 substantive change in legal effect.
1757 Section 44. Paragraph (a) of subsection (1) of section
1758 624.310, Florida Statutes, is amended to read:
1759 624.310 Enforcement; cease and desist orders; removal of
1760 certain persons; fines.—
1761 (1) DEFINITIONS.—For the purposes of this section, the
1762 term:
1763 (a) “Affiliated party” means any person who directs or
1764 participates in the conduct of the affairs of a licensee and who
1765 is:
1766 1. A director, officer, employee, trustee, committee
1767 member, or controlling stockholder of a licensee or a subsidiary
1768 or service corporation of the licensee, other than a controlling
1769 stockholder which is a holding company, or an agent of a
1770 licensee or a subsidiary or service corporation of the licensee;
1771 2. A person who has filed or is required to file a
1772 statement or any other information required to be filed under s.
1773 628.461 or s. 628.4615;
1774 3. A stockholder, other than a stockholder that is a
1775 holding company of the licensee, who participates in the conduct
1776 of the affairs of the licensee;
1777 4. An independent contractor who:
1778 a. Renders a written opinion required by the laws of this
1779 state under her or his professional credentials on behalf of the
1780 licensee, which opinion is reasonably relied on by the
1781 department or office in the performance of its duties; or
1782 b. Affirmatively and knowingly conceals facts, through a
1783 written misrepresentation to the department or office, with
1784 knowledge that such misrepresentation:
1785 (I) Constitutes a violation of the insurance code or a
1786 lawful rule or order of the department, commission, or office;
1787 and
1788 (II) Directly and materially endangers the ability of the
1789 licensee to meet its obligations to policyholders.; or
1790
1791 For the purposes of this subparagraph, any representation of
1792 fact made by an independent contractor on behalf of a licensee,
1793 affirmatively communicated as a representation of the licensee
1794 to the independent contractor, shall not be considered a
1795 misrepresentation by the independent contractor; or
1796 5. A third-party marketer who aids or abets a licensee in a
1797 violation of the insurance code relating to the sale of an
1798 annuity to a person 65 years of age or older.
1799
1800 For the purposes of this subparagraph, any representation of
1801 fact made by an independent contractor on behalf of a licensee,
1802 affirmatively communicated as a representation of the licensee
1803 to the independent contractor, shall not be considered a
1804 misrepresentation by the independent contractor.
1805 Reviser’s note.—Amended to improve clarity. Prior to
1806 the addition of subparagraph 5. by s. 42, ch. 2010
1807 175, Laws of Florida, the flush left language followed
1808 subparagraph 4. The language in question still
1809 references subject matter relevant to subparagraph 4.,
1810 not subparagraph 5. The reference to “this
1811 subparagraph” in the flush left material was in
1812 existence prior to the addition of subparagraph 5. and
1813 references subparagraph 4.
1814 Section 45. Subsections (2) and (3) of section 627.4605,
1815 Florida Statutes, are amended to read:
1816 627.4605 Replacement notice.—A notice to a current insurer
1817 of a replacement of a current life insurance policy is not
1818 required in a transaction involving:
1819 (2) A current policy or contract that is being replaced by
1820 the same insurer pursuant to a program filed with and approved
1821 by the office; or
1822 (3) A term conversion privilege that is being exercised
1823 among corporate affiliates.
1824 Reviser’s note.—Amended to confirm insertion of the
1825 word “that” by the editors.
1826 Section 46. Paragraph (a) of subsection (2) of section
1827 627.711, Florida Statutes, is amended to read:
1828 627.711 Notice of premium discounts for hurricane loss
1829 mitigation; uniform mitigation verification inspection form.—
1830 (2)(a) The Financial Services Commission shall develop by
1831 rule a uniform mitigation verification inspection form that
1832 shall be used by all insurers when submitted by policyholders
1833 for the purpose of factoring discounts for wind insurance. In
1834 developing the form, the commission shall seek input from
1835 insurance, construction, and building code representatives.
1836 Further, the commission shall provide guidance as to the length
1837 of time the inspection results are valid. An insurer shall
1838 accept as valid a uniform mitigation verification form or signed
1839 by the following authorized mitigation inspectors:
1840 1. A home inspector licensed under s. 468.8314 who has
1841 completed at least 3 hours of hurricane mitigation training
1842 which includes hurricane mitigation techniques and compliance
1843 with the uniform mitigation verification form and completion of
1844 a proficiency exam. Thereafter, home inspectors licensed under
1845 s. 468.8314 must complete at least 2 hours of continuing
1846 education, as part of the existing licensure renewal
1847 requirements each year, related to mitigation inspection and the
1848 uniform mitigation form;
1849 2. A building code inspector certified under s. 468.607;
1850 3. A general, building, or residential contractor licensed
1851 under s. 489.111;
1852 4. A professional engineer licensed under s. 471.015;
1853 5. A professional architect licensed under s. 481.213; or
1854 6. Any other individual or entity recognized by the insurer
1855 as possessing the necessary qualifications to properly complete
1856 a uniform mitigation verification form.
1857 Reviser’s note.—Amended to confirm deletion of the
1858 word “or” by the editors.
1859 Section 47. Subsection (7) of section 633.081, Florida
1860 Statutes, is amended to read:
1861 633.081 Inspection of buildings and equipment; orders;
1862 firesafety inspection training requirements; certification;
1863 disciplinary action.—The State Fire Marshal and her or his
1864 agents shall, at any reasonable hour, when the State Fire
1865 Marshal has reasonable cause to believe that a violation of this
1866 chapter or s. 509.215, or a rule promulgated thereunder, or a
1867 minimum firesafety code adopted by a local authority, may exist,
1868 inspect any and all buildings and structures which are subject
1869 to the requirements of this chapter or s. 509.215 and rules
1870 promulgated thereunder. The authority to inspect shall extend to
1871 all equipment, vehicles, and chemicals which are located within
1872 the premises of any such building or structure.
1873 (7) The Division of State Fire Marshal and the Florida
1874 Building Code Administrators and Inspectors Board, established
1875 pursuant to under s. 468.605, shall enter into a reciprocity
1876 agreement to facilitate joint recognition of continuing
1877 education recertification hours for certificateholders licensed
1878 under s. 468.609 and firesafety inspectors certified under
1879 subsection (2).
1880 Reviser’s note.—Amended to confirm deletion of the
1881 word “under” by the editors.
1882 Section 48. Subsection (4) of section 677.105, Florida
1883 Statutes, is amended to read:
1884 677.105 Reissuance in alternative medium.—
1885 (4) Upon issuance of an electronic document of title in
1886 substitution for a tangible document of title in is accordance
1887 with subsection (3):
1888 (a) The tangible document ceases to have any effect or
1889 validity; and
1890 (b) The person that procured issuance of the electronic
1891 document warrants to all subsequent persons entitled under the
1892 electronic document that the warrantor was a person entitled
1893 under the tangible document when the warrantor surrendered
1894 possession of the tangible document to the issuer.
1895 Reviser’s note.—Amended to confirm substitution by the
1896 editors of the word “in” for the word “is” to improve
1897 clarity; the prototype uniform act uses “in.”
1898 Section 49. Subsection (12) of section 718.111, Florida
1899 Statutes, is reenacted to read:
1900 718.111 The association.—
1901 (12) OFFICIAL RECORDS.—
1902 (a) From the inception of the association, the association
1903 shall maintain each of the following items, if applicable, which
1904 shall constitute the official records of the association:
1905 1. A copy of the plans, permits, warranties, and other
1906 items provided by the developer pursuant to s. 718.301(4).
1907 2. A photocopy of the recorded declaration of condominium
1908 of each condominium operated by the association and of each
1909 amendment to each declaration.
1910 3. A photocopy of the recorded bylaws of the association
1911 and of each amendment to the bylaws.
1912 4. A certified copy of the articles of incorporation of the
1913 association, or other documents creating the association, and of
1914 each amendment thereto.
1915 5. A copy of the current rules of the association.
1916 6. A book or books which contain the minutes of all
1917 meetings of the association, of the board of administration, and
1918 of unit owners, which minutes must be retained for at least 7
1919 years.
1920 7. A current roster of all unit owners and their mailing
1921 addresses, unit identifications, voting certifications, and, if
1922 known, telephone numbers. The association shall also maintain
1923 the electronic mailing addresses and the numbers designated by
1924 unit owners for receiving notice sent by electronic transmission
1925 of those unit owners consenting to receive notice by electronic
1926 transmission. The electronic mailing addresses and telephone
1927 numbers must be removed from association records if consent to
1928 receive notice by electronic transmission is revoked. However,
1929 the association is not liable for an erroneous disclosure of the
1930 electronic mail address or the number for receiving electronic
1931 transmission of notices.
1932 8. All current insurance policies of the association and
1933 condominiums operated by the association.
1934 9. A current copy of any management agreement, lease, or
1935 other contract to which the association is a party or under
1936 which the association or the unit owners have an obligation or
1937 responsibility.
1938 10. Bills of sale or transfer for all property owned by the
1939 association.
1940 11. Accounting records for the association and separate
1941 accounting records for each condominium which the association
1942 operates. All accounting records shall be maintained for at
1943 least 7 years. Any person who knowingly or intentionally defaces
1944 or destroys accounting records required to be created and
1945 maintained by this chapter during the period for which such
1946 records are required to be maintained, or who knowingly or
1947 intentionally fails to create or maintain such records, with the
1948 intent of causing harm to the association or one or more of its
1949 members, is personally subject to a civil penalty pursuant to s.
1950 718.501(1)(d). The accounting records must include, but are not
1951 limited to:
1952 a. Accurate, itemized, and detailed records of all receipts
1953 and expenditures.
1954 b. A current account and a monthly, bimonthly, or quarterly
1955 statement of the account for each unit designating the name of
1956 the unit owner, the due date and amount of each assessment, the
1957 amount paid upon the account, and the balance due.
1958 c. All audits, reviews, accounting statements, and
1959 financial reports of the association or condominium.
1960 d. All contracts for work to be performed. Bids for work to
1961 be performed are also considered official records and must be
1962 maintained by the association.
1963 12. Ballots, sign-in sheets, voting proxies, and all other
1964 papers relating to voting by unit owners, which must be
1965 maintained for 1 year from the date of the election, vote, or
1966 meeting to which the document relates, notwithstanding paragraph
1967 (b).
1968 13. All rental records if the association is acting as
1969 agent for the rental of condominium units.
1970 14. A copy of the current question and answer sheet as
1971 described in s. 718.504.
1972 15. All other records of the association not specifically
1973 included in the foregoing which are related to the operation of
1974 the association.
1975 16. A copy of the inspection report as provided in s.
1976 718.301(4)(p).
1977 (b) The official records of the association must be
1978 maintained within the state for at least 7 years. The records of
1979 the association shall be made available to a unit owner within
1980 45 miles of the condominium property or within the county in
1981 which the condominium property is located within 5 working days
1982 after receipt of a written request by the board or its designee.
1983 However, such distance requirement does not apply to an
1984 association governing a timeshare condominium. This paragraph
1985 may be complied with by having a copy of the official records of
1986 the association available for inspection or copying on the
1987 condominium property or association property, or the association
1988 may offer the option of making the records available to a unit
1989 owner electronically via the Internet or by allowing the records
1990 to be viewed in electronic format on a computer screen and
1991 printed upon request. The association is not responsible for the
1992 use or misuse of the information provided to an association
1993 member or his or her authorized representative pursuant to the
1994 compliance requirements of this chapter unless the association
1995 has an affirmative duty not to disclose such information
1996 pursuant to this chapter.
1997 (c) The official records of the association are open to
1998 inspection by any association member or the authorized
1999 representative of such member at all reasonable times. The right
2000 to inspect the records includes the right to make or obtain
2001 copies, at the reasonable expense, if any, of the member. The
2002 association may adopt reasonable rules regarding the frequency,
2003 time, location, notice, and manner of record inspections and
2004 copying. The failure of an association to provide the records
2005 within 10 working days after receipt of a written request
2006 creates a rebuttable presumption that the association willfully
2007 failed to comply with this paragraph. A unit owner who is denied
2008 access to official records is entitled to the actual damages or
2009 minimum damages for the association’s willful failure to comply.
2010 Minimum damages shall be $50 per calendar day up to 10 days, the
2011 calculation to begin on the 11th working day after receipt of
2012 the written request. The failure to permit inspection of the
2013 association records as provided herein entitles any person
2014 prevailing in an enforcement action to recover reasonable
2015 attorney’s fees from the person in control of the records who,
2016 directly or indirectly, knowingly denied access to the records.
2017 Any person who knowingly or intentionally defaces or destroys
2018 accounting records that are required by this chapter to be
2019 maintained during the period for which such records are required
2020 to be maintained, or who knowingly or intentionally fails to
2021 create or maintain accounting records that are required to be
2022 created or maintained, with the intent of causing harm to the
2023 association or one or more of its members, is personally subject
2024 to a civil penalty pursuant to s. 718.501(1)(d). The association
2025 shall maintain an adequate number of copies of the declaration,
2026 articles of incorporation, bylaws, and rules, and all amendments
2027 to each of the foregoing, as well as the question and answer
2028 sheet provided for in s. 718.504 and year-end financial
2029 information required in this section, on the condominium
2030 property to ensure their availability to unit owners and
2031 prospective purchasers, and may charge its actual costs for
2032 preparing and furnishing these documents to those requesting the
2033 documents. Notwithstanding the provisions of this paragraph, the
2034 following records are not accessible to unit owners:
2035 1. Any record protected by the lawyer-client privilege as
2036 described in s. 90.502; and any record protected by the work
2037 product privilege, including any record prepared by an
2038 association attorney or prepared at the attorney’s express
2039 direction; which reflects a mental impression, conclusion,
2040 litigation strategy, or legal theory of the attorney or the
2041 association, and which was prepared exclusively for civil or
2042 criminal litigation or for adversarial administrative
2043 proceedings, or which was prepared in anticipation of imminent
2044 civil or criminal litigation or imminent adversarial
2045 administrative proceedings until the conclusion of the
2046 litigation or adversarial administrative proceedings.
2047 2. Information obtained by an association in connection
2048 with the approval of the lease, sale, or other transfer of a
2049 unit.
2050 3. Personnel records of association employees, including,
2051 but not limited to, disciplinary, payroll, health, and insurance
2052 records.
2053 4. Medical records of unit owners.
2054 5. Social security numbers, driver’s license numbers,
2055 credit card numbers, e-mail addresses, telephone numbers,
2056 emergency contact information, any addresses of a unit owner
2057 other than as provided to fulfill the association’s notice
2058 requirements, and other personal identifying information of any
2059 person, excluding the person’s name, unit designation, mailing
2060 address, and property address.
2061 6. Any electronic security measure that is used by the
2062 association to safeguard data, including passwords.
2063 7. The software and operating system used by the
2064 association which allows manipulation of data, even if the owner
2065 owns a copy of the same software used by the association. The
2066 data is part of the official records of the association.
2067 (d) The association shall prepare a question and answer
2068 sheet as described in s. 718.504, and shall update it annually.
2069 (e)1. The association or its authorized agent is not
2070 required to provide a prospective purchaser or lienholder with
2071 information about the condominium or the association other than
2072 information or documents required by this chapter to be made
2073 available or disclosed. The association or its authorized agent
2074 may charge a reasonable fee to the prospective purchaser,
2075 lienholder, or the current unit owner for providing good faith
2076 responses to requests for information by or on behalf of a
2077 prospective purchaser or lienholder, other than that required by
2078 law, if the fee does not exceed $150 plus the reasonable cost of
2079 photocopying and any attorney’s fees incurred by the association
2080 in connection with the response.
2081 2. An association and its authorized agent are not liable
2082 for providing such information in good faith pursuant to a
2083 written request if the person providing the information includes
2084 a written statement in substantially the following form: “The
2085 responses herein are made in good faith and to the best of my
2086 ability as to their accuracy.”
2087 Reviser’s note.—Section 9, ch. 2010-174, amended
2088 subsection (12) without publishing paragraphs (d) and
2089 (e). Absent affirmative evidence of legislative intent
2090 to repeal paragraphs (d) and (e), subsection (12) is
2091 reenacted to confirm the omission was not intended.
2092 Section 50. Paragraph (f) of subsection (7) of section
2093 893.055, Florida Statutes, is amended to read:
2094 893.055 Prescription drug monitoring program.—
2095 (7)
2096 (f) The program manager, upon determining a pattern
2097 consistent with the rules established under paragraph (2)(d)
2098 (2)(c) and having cause to believe a violation of s.
2099 893.13(7)(a)8., (8)(a), or (8)(b) has occurred, may provide
2100 relevant information to the applicable law enforcement agency.
2101 Reviser’s note.—Amended to confirm substitution by the
2102 editors of a reference to paragraph (2)(d) for a
2103 reference to paragraph (2)(c). Paragraph (2)(d)
2104 relates to development of rules; paragraph (2)(c)
2105 relates to notification of an implementation date for
2106 reporting requirements.
2107 Section 51. Subsection (4) of section 893.0551, Florida
2108 Statutes, is amended to read:
2109 893.0551 Public records exemption for the prescription drug
2110 monitoring program.—
2111 (4) The department shall disclose such confidential and
2112 exempt information to the applicable law enforcement agency in
2113 accordance with s. 893.055(7)(f) 893.055(7)(b)2. The law
2114 enforcement agency may disclose the confidential and exempt
2115 information received from the department to a criminal justice
2116 agency as defined in s. 119.011 as part of an active
2117 investigation that is specific to a violation of s.
2118 893.13(7)(a)8., s. 893.13(8)(a), or s. 893.13(8)(b).
2119 Reviser’s note.—Amended to confirm substitution by the
2120 editors of a reference to s. 893.055(7)(f) for a
2121 reference to s. 893.055(7)(b)2., which does not exist;
2122 paragraph (7)(f) relates to provision of information
2123 to law enforcement agencies.
2124 Section 52. Paragraph (d) of subsection (7) of section
2125 1002.69, Florida Statutes, is amended to read:
2126 1002.69 Statewide kindergarten screening; kindergarten
2127 readiness rates.—
2128 (7)
2129 (d) A good cause exemption may not be granted to any
2130 private prekindergarten provider that has any class I violations
2131 or two or more class II violations within the 2 years preceding
2132 the provider’s or school’s request for the exemption. For
2133 purposes of this paragraph, class I and class II violations have
2134 the same meaning as provided in s. 402.281(4) 402.281(3).
2135 Reviser’s note.—Amended to conform to the
2136 redesignation of s. 402.281(3) as s. 402.281(4) by s.
2137 7, ch. 2010-210, Laws of Florida.
2138 Section 53. Paragraph (a) of subsection (4) of section
2139 1003.428, Florida Statutes, is amended to read:
2140 1003.428 General requirements for high school graduation;
2141 revised.—
2142 (4) Each district school board shall establish standards
2143 for graduation from its schools, which must include:
2144 (a) Successful completion of the academic credit or
2145 curriculum requirements of subsections (1) and (2). For courses
2146 that require statewide, standardized end-of-course assessments
2147 under s. 1008.22(3)(c)2.d. 1008.22(3)(c)2.c., a minimum of 30
2148 percent of a student’s course grade shall be comprised of
2149 performance on the statewide, standardized end-of-course
2150 assessment.
2151
2152 Each district school board shall adopt policies designed to
2153 assist students in meeting the requirements of this subsection.
2154 These policies may include, but are not limited to: forgiveness
2155 policies, summer school or before or after school attendance,
2156 special counseling, volunteers or peer tutors, school-sponsored
2157 help sessions, homework hotlines, and study skills classes.
2158 Forgiveness policies for required courses shall be limited to
2159 replacing a grade of “D” or “F,” or the equivalent of a grade of
2160 “D” or “F,” with a grade of “C” or higher, or the equivalent of
2161 a grade of “C” or higher, earned subsequently in the same or
2162 comparable course. Forgiveness policies for elective courses
2163 shall be limited to replacing a grade of “D” or “F,” or the
2164 equivalent of a grade of “D” or “F,” with a grade of “C” or
2165 higher, or the equivalent of a grade of “C” or higher, earned
2166 subsequently in another course. The only exception to these
2167 forgiveness policies shall be made for a student in the middle
2168 grades who takes any high school course for high school credit
2169 and earns a grade of “C,” “D,” or “F” or the equivalent of a
2170 grade of “C,” “D,” or “F.” In such case, the district
2171 forgiveness policy must allow the replacement of the grade with
2172 a grade of “C” or higher, or the equivalent of a grade of “C” or
2173 higher, earned subsequently in the same or comparable course. In
2174 all cases of grade forgiveness, only the new grade shall be used
2175 in the calculation of the student’s grade point average. Any
2176 course grade not replaced according to a district school board
2177 forgiveness policy shall be included in the calculation of the
2178 cumulative grade point average required for graduation.
2179 Reviser’s note.—Amended to conform to the
2180 redesignation of subunits in s. 1008.22 as a result of
2181 compilation of changes by s. 8, ch. 2010-22, Laws of
2182 Florida, and s. 4, ch. 2010-48, Laws of Florida.
2183 Section 54. Subsection (5) of section 1003.429, Florida
2184 Statutes, is amended to read:
2185 1003.429 Accelerated high school graduation options.—
2186 (5) District school boards may not establish requirements
2187 for accelerated 3-year high school graduation options in excess
2188 of the requirements in paragraphs (1)(b) and (c). For courses
2189 that require statewide, standardized end–of-course assessments
2190 under s. 1008.22(3)(c)2.d. 1008.22(3)(c)2.c., a minimum of 30
2191 percent of a student’s course grade shall be comprised of
2192 performance on the statewide, standardized end-of-course
2193 assessment.
2194 Reviser’s note.—Amended to conform to the
2195 redesignation of subunits in s. 1008.22 as a result of
2196 compilation of changes by s. 8, ch. 2010-22, Laws of
2197 Florida, and s. 4, ch. 2010-48, Laws of Florida.
2198 Section 55. Paragraphs (b) and (c) of subsection (3) of
2199 section 1008.34, Florida Statutes, are amended to read:
2200 1008.34 School grading system; school report cards;
2201 district grade.—
2202 (3) DESIGNATION OF SCHOOL GRADES.—
2203 (b)1. A school’s grade shall be based on a combination of:
2204 a. Student achievement scores, including achievement on all
2205 FCAT assessments administered under s. 1008.22(3)(c)1., end-of
2206 course assessments administered under s. 1008.22(3)(c)2.a., and
2207 achievement scores for students seeking a special diploma.
2208 b. Student learning gains in reading and mathematics as
2209 measured by FCAT and end-of-course assessments, as described in
2210 s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
2211 a special diploma, as measured by an alternate assessment tool,
2212 shall be included not later than the 2009-2010 school year.
2213 c. Improvement of the lowest 25th percentile of students in
2214 the school in reading and mathematics on the FCAT or end-of
2215 course assessments described in s. 1008.22(3)(c)2.a., unless
2216 these students are exhibiting satisfactory performance.
2217 2. Beginning with the 2009-2010 school year for schools
2218 comprised of high school grades 9, 10, 11, and 12, or grades 10,
2219 11, and 12, 50 percent of the school grade shall be based on a
2220 combination of the factors listed in sub-subparagraphs 1.a.-c.
2221 and the remaining 50 percent on the following factors:
2222 a. The high school graduation rate of the school;
2223 b. As valid data becomes available, the performance and
2224 participation of the school’s students in College Board Advanced
2225 Placement courses, International Baccalaureate courses, dual
2226 enrollment courses, and Advanced International Certificate of
2227 Education courses; and the students’ achievement of national
2228 industry certification identified in the Industry Certification
2229 Funding List, pursuant to rules adopted by the State Board of
2230 Education;
2231 c. Postsecondary readiness of the school’s students as
2232 measured by the SAT, ACT, or the common placement test;
2233 d. The high school graduation rate of at-risk students who
2234 scored at Level 2 or lower on the grade 8 FCAT Reading and
2235 Mathematics examinations;
2236 e. As valid data becomes available, the performance of the
2237 school’s students on statewide standardized end-of-course
2238 assessments administered under s. 1008.22(3)(c)2.c. and d.
2239 1008.22(3)(c)2.b. and c.; and
2240 f. The growth or decline in the components listed in sub
2241 subparagraphs a.-e. from year to year.
2242 (c) Student assessment data used in determining school
2243 grades shall include:
2244 1. The aggregate scores of all eligible students enrolled
2245 in the school who have been assessed on the FCAT and statewide,
2246 standardized end-of-course assessments in courses required for
2247 high school graduation, including, beginning with the 2010-2011
2248 school year, the end-of-course assessment in Algebra I; and
2249 beginning with the 2011-2012 school year, the end-of-course
2250 assessments in geometry and Biology; and beginning with the
2251 2013-2014 school year, on the statewide, standardized end-of
2252 course assessment in civics education at the middle school
2253 level.
2254 2. The aggregate scores of all eligible students enrolled
2255 in the school who have been assessed on the FCAT and end-of
2256 course assessments as described in s. 1008.22(3)(c)2.a., and who
2257 have scored at or in the lowest 25th percentile of students in
2258 the school in reading and mathematics, unless these students are
2259 exhibiting satisfactory performance.
2260 3. The achievement scores and learning gains of eligible
2261 students attending alternative schools that provide dropout
2262 prevention and academic intervention services pursuant to s.
2263 1003.53. The term “eligible students” in this subparagraph does
2264 not include students attending an alternative school who are
2265 subject to district school board policies for expulsion for
2266 repeated or serious offenses, who are in dropout retrieval
2267 programs serving students who have officially been designated as
2268 dropouts, or who are in programs operated or contracted by the
2269 Department of Juvenile Justice. The student performance data for
2270 eligible students identified in this subparagraph shall be
2271 included in the calculation of the home school’s grade. As used
2272 in this section and s. 1008.341, the term “home school” means
2273 the school to which the student would be assigned if the student
2274 were not assigned to an alternative school. If an alternative
2275 school chooses to be graded under this section, student
2276 performance data for eligible students identified in this
2277 subparagraph shall not be included in the home school’s grade
2278 but shall be included only in the calculation of the alternative
2279 school’s grade. A school district that fails to assign the FCAT
2280 and end-of-course assessment as described in s.
2281 1008.22(3)(c)2.a. scores of each of its students to his or her
2282 home school or to the alternative school that receives a grade
2283 shall forfeit Florida School Recognition Program funds for 1
2284 fiscal year. School districts must require collaboration between
2285 the home school and the alternative school in order to promote
2286 student success. This collaboration must include an annual
2287 discussion between the principal of the alternative school and
2288 the principal of each student’s home school concerning the most
2289 appropriate school assignment of the student.
2290 4. For schools comprised of high school grades 9, 10, 11,
2291 and 12, or grades 10, 11, and 12, the data listed in
2292 subparagraphs 1.-3. and the following data as the Department of
2293 Education determines such data are valid and available:
2294 a. The high school graduation rate of the school as
2295 calculated by the Department of Education;
2296 b. The participation rate of all eligible students enrolled
2297 in the school and enrolled in College Board Advanced Placement
2298 courses; International Baccalaureate courses; dual enrollment
2299 courses; Advanced International Certificate of Education
2300 courses; and courses or sequence of courses leading to national
2301 industry certification identified in the Industry Certification
2302 Funding List, pursuant to rules adopted by the State Board of
2303 Education;
2304 c. The aggregate scores of all eligible students enrolled
2305 in the school in College Board Advanced Placement courses,
2306 International Baccalaureate courses, and Advanced International
2307 Certificate of Education courses;
2308 d. Earning of college credit by all eligible students
2309 enrolled in the school in dual enrollment programs under s.
2310 1007.271;
2311 e. Earning of a national industry certification identified
2312 in the Industry Certification Funding List, pursuant to rules
2313 adopted by the State Board of Education;
2314 f. The aggregate scores of all eligible students enrolled
2315 in the school in reading, mathematics, and other subjects as
2316 measured by the SAT, the ACT, and the common placement test for
2317 postsecondary readiness;
2318 g. The high school graduation rate of all eligible at-risk
2319 students enrolled in the school who scored at Level 2 or lower
2320 on the grade 8 FCAT Reading and Mathematics examinations;
2321 h. The performance of the school’s students on statewide
2322 standardized end-of-course assessments administered under s.
2323 1008.22(3)(c)2.c. and d. 1008.22(3)(c)2.b. and c.; and
2324 i. The growth or decline in the data components listed in
2325 sub-subparagraphs a.-h. from year to year.
2326
2327 The State Board of Education shall adopt appropriate criteria
2328 for each school grade. The criteria must also give added weight
2329 to student achievement in reading. Schools designated with a
2330 grade of “C,” making satisfactory progress, shall be required to
2331 demonstrate that adequate progress has been made by students in
2332 the school who are in the lowest 25th percentile in reading and
2333 mathematics on the FCAT and end-of-course assessments as
2334 described in s. 1008.22(3)(c)2.a., unless these students are
2335 exhibiting satisfactory performance. Beginning with the 2009
2336 2010 school year for schools comprised of high school grades 9,
2337 10, 11, and 12, or grades 10, 11, and 12, the criteria for
2338 school grades must also give added weight to the graduation rate
2339 of all eligible at-risk students, as defined in this paragraph.
2340 Beginning in the 2009-2010 school year, in order for a high
2341 school to be designated as having a grade of “A,” making
2342 excellent progress, the school must demonstrate that at-risk
2343 students, as defined in this paragraph, in the school are making
2344 adequate progress.
2345 Reviser’s note.—Amended to conform to the
2346 redesignation of subunits in s. 1008.22 as a result of
2347 compilation of changes by s. 8, ch. 2010-22, Laws of
2348 Florida, and s. 4, ch. 2010-48, Laws of Florida.
2349 Section 56. This act shall take effect on the 60th day
2350 after adjournment sine die of the session of the Legislature in
2351 which enacted.