Florida Senate - 2012                                     SB 896
       
       
       
       By Senator Thrasher
       
       
       
       
       8-00866-12                                             2012896__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         11.45, 24.113, 25.077, 98.093, 106.011, 106.07,
    4         106.0703, 106.08, 106.143, 120.745, 121.021, 121.0515,
    5         121.4501, 163.06, 163.3184, 163.3213, 163.3245,
    6         163.3248, 189.421, 196.012, 212.096, 213.24, 215.198,
    7         215.425, 218.39, 255.21, 260.0142, 287.042, 287.0947,
    8         288.106, 288.1226, 288.706, 288.7102, 290.0401,
    9         290.0411, 290.042, 290.044, 290.048, 311.09, 311.105,
   10         316.302, 373.414, 376.3072, 376.86, 379.2255, 381.026,
   11         409.9122, 409.966, 409.972, 409.973, 409.974, 409.975,
   12         409.983, 409.984, 409.985, 420.602, 427.012, 440.45,
   13         443.036, 443.1216, 468.841, 474.203, 474.2125,
   14         493.6402, 499.012, 514.0315, 514.072, 526.207, 538.09,
   15         538.25, 553.79, 590.33, 604.50, 627.0628, 627.351,
   16         627.3511, 658.48, 667.003, 681.108, 753.03, 766.1065,
   17         794.056, 847.0141, 893.055, 893.138, 943.25, 984.03,
   18         985.0301, 985.14, 985.441, 1002.33, 1003.498, 1004.41,
   19         1007.28, 1010.82, 1011.71, 1011.81, 1013.33, 1013.36,
   20         and 1013.51, F.S.; reenacting and amending s.
   21         288.1089, F.S.; and reenacting s. 288.980, F.S.,
   22         deleting provisions that have expired, have become
   23         obsolete, have had their effect, have served their
   24         purpose, or have been impliedly repealed or
   25         superseded; replacing incorrect cross-references and
   26         citations; correcting grammatical, typographical, and
   27         like errors; removing inconsistencies, redundancies,
   28         and unnecessary repetition in the statutes; improving
   29         the clarity of the statutes and facilitating their
   30         correct interpretation; and confirming the restoration
   31         of provisions unintentionally omitted from
   32         republication in the acts of the Legislature during
   33         the amendatory process; providing an effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Paragraph (i) of subsection (7) of section
   38  11.45, Florida Statutes, is amended to read:
   39         11.45 Definitions; duties; authorities; reports; rules.—
   40         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
   41         (i) Beginning in 2012, the Auditor General shall annually
   42  transmit by July 15, to the President of the Senate, the Speaker
   43  of the House of Representatives, and the Department of Financial
   44  Services, a list of all school districts, charter schools,
   45  charter technical career centers, Florida College System
   46  institutions, state universities, and water management districts
   47  that have failed to comply with the transparency requirements as
   48  identified in the audit reports reviewed pursuant to paragraph
   49  (b) and those conducted pursuant to subsection (2).
   50         Reviser’s note.—Amended to confirm editorial insertion of the
   51         word “subsection.”
   52         Section 2. Subsection (1) of section 24.113, Florida
   53  Statutes, is amended to read:
   54         24.113 Minority participation.—
   55         (1) It is the intent of the Legislature that the department
   56  encourage participation by minority business enterprises as
   57  defined in s. 288.703. Accordingly, 15 percent of the retailers
   58  shall be minority business enterprises as defined in s.
   59  288.703(3) 288.703(2); however, no more than 35 percent of such
   60  retailers shall be owned by the same type of minority person, as
   61  defined in s. 288.703(4) 288.703(3). The department is
   62  encouraged to meet the minority business enterprise procurement
   63  goals set forth in s. 287.09451 in the procurement of
   64  commodities, contractual services, construction, and
   65  architectural and engineering services. This section shall not
   66  preclude or prohibit a minority person from competing for any
   67  other retailing or vending agreement awarded by the department.
   68         Reviser’s note.—Amended to conform to the redesignation of
   69         subsections within s. 288.703 by s. 172, ch. 2011-142, Laws
   70         of Florida.
   71         Section 3. Section 25.077, Florida Statutes, is amended to
   72  read:
   73         25.077 Negligence case settlements and jury verdicts; case
   74  reporting.—Through the state’s uniform case reporting system,
   75  the clerk of court shall report to the Office of the State
   76  Courts Administrator, beginning in 2003, information from each
   77  settlement or jury verdict and final judgment in negligence
   78  cases as defined in s. 768.81(1)(c) 768.81(4), as the President
   79  of the Senate and the Speaker of the House of Representatives
   80  deem necessary from time to time. The information shall include,
   81  but need not be limited to: the name of each plaintiff and
   82  defendant; the verdict; the percentage of fault of each; the
   83  amount of economic damages and noneconomic damages awarded to
   84  each plaintiff, identifying those damages that are to be paid
   85  jointly and severally and by which defendants; and the amount of
   86  any punitive damages to be paid by each defendant.
   87         Reviser’s note.—Amended to conform to the amendment of s. 768.81
   88         by s. 1, ch. 2011-215, Laws of Florida. Former paragraph
   89         (4)(a) defining “negligence cases” was stricken by that law
   90         section, and a new paragraph (1)(c) defining “negligence
   91         action” was added.
   92         Section 4. Paragraph (f) of subsection (2) of section
   93  98.093, Florida Statutes, is amended to read:
   94         98.093 Duty of officials to furnish information relating to
   95  deceased persons, persons adjudicated mentally incapacitated,
   96  and persons convicted of a felony.—
   97         (2) To the maximum extent feasible, state and local
   98  government agencies shall facilitate provision of information
   99  and access to data to the department, including, but not limited
  100  to, databases that contain reliable criminal records and records
  101  of deceased persons. State and local government agencies that
  102  provide such data shall do so without charge if the direct cost
  103  incurred by those agencies is not significant.
  104         (f) The Department of Corrections shall identify those
  105  persons who have been convicted of a felony and committed to its
  106  custody or placed on community supervision. The information must
  107  be provided to the department at a time and in a manner that
  108  enables the department to identify registered voters who are
  109  convicted felons and to meet its obligations under state and
  110  federal law.
  111         Reviser’s note.—Amended to confirm editorial insertion of the
  112         word “a.”
  113         Section 5. Subsection (3) of section 106.011, Florida
  114  Statutes, is amended to read:
  115         106.011 Definitions.—As used in this chapter, the following
  116  terms have the following meanings unless the context clearly
  117  indicates otherwise:
  118         (3) “Contribution” means:
  119         (a) A gift, subscription, conveyance, deposit, loan,
  120  payment, or distribution of money or anything of value,
  121  including contributions in kind having an attributable monetary
  122  value in any form, made for the purpose of influencing the
  123  results of an election or making an electioneering
  124  communication.
  125         (b) A transfer of funds between political committees,
  126  between committees of continuous existence, between
  127  electioneering communications organizations, or between any
  128  combination of these groups.
  129         (c) The payment, by any person other than a candidate or
  130  political committee, of compensation for the personal services
  131  of another person which are rendered to a candidate or political
  132  committee without charge to the candidate or committee for such
  133  services.
  134         (d) The transfer of funds by a campaign treasurer or deputy
  135  campaign treasurer between a primary depository and a separate
  136  interest-bearing account or certificate of deposit, and the term
  137  includes any interest earned on such account or certificate.
  138  
  139  Notwithstanding the foregoing meanings of “contribution,” the
  140  term may not be construed to include services, including, but
  141  not limited to, legal and accounting services, provided without
  142  compensation by individuals volunteering a portion or all of
  143  their time on behalf of a candidate or political committee or
  144  editorial endorsements.
  145         Reviser’s note.—Amended to confirm editorial insertion of the
  146         word “or” to improve clarity.
  147         Section 6. Paragraph (c) of subsection (8) of section
  148  106.07, Florida Statutes, is amended to read:
  149         106.07 Reports; certification and filing.—
  150         (8)
  151         (c) Any candidate or chair of a political committee may
  152  appeal or dispute the fine, based upon, but not limited to,
  153  unusual circumstances surrounding the failure to file on the
  154  designated due date, and may request and shall be entitled to a
  155  hearing before the Florida Elections Commission, which shall
  156  have the authority to waive the fine in whole or in part. The
  157  Florida Elections Commission must consider the mitigating and
  158  aggravating circumstances contained in s. 106.265(2) 106.265(1)
  159  when determining the amount of a fine, if any, to be waived. Any
  160  such request shall be made within 20 days after receipt of the
  161  notice of payment due. In such case, the candidate or chair of
  162  the political committee shall, within the 20-day period, notify
  163  the filing officer in writing of his or her intention to bring
  164  the matter before the commission.
  165         Reviser’s note.—Amended to conform to the amendment of s.
  166         106.265 by s. 72, ch. 2011-40, Laws of Florida, which split
  167         former subsection (1) into two subsections; new subsection
  168         (2) references mitigating and aggravating circumstances.
  169         Section 7. Paragraph (c) of subsection (7) of section
  170  106.0703, Florida Statutes, is amended to read:
  171         106.0703 Electioneering communications organizations;
  172  reporting requirements; certification and filing; penalties.—
  173         (7)
  174         (c) The treasurer of an electioneering communications
  175  organization may appeal or dispute the fine, based upon, but not
  176  limited to, unusual circumstances surrounding the failure to
  177  file on the designated due date, and may request and shall be
  178  entitled to a hearing before the Florida Elections Commission,
  179  which shall have the authority to waive the fine in whole or in
  180  part. The Florida Elections Commission must consider the
  181  mitigating and aggravating circumstances contained in s.
  182  106.265(2) 106.265(1) when determining the amount of a fine, if
  183  any, to be waived. Any such request shall be made within 20 days
  184  after receipt of the notice of payment due. In such case, the
  185  treasurer of the electioneering communications organization
  186  shall, within the 20-day period, notify the filing officer in
  187  writing of his or her intention to bring the matter before the
  188  commission.
  189         Reviser’s note.—Amended to conform to the amendment of s.
  190         106.265 by s. 72, ch. 2011-40, Laws of Florida, which split
  191         former subsection (1) into two subsections; new subsection
  192         (2) references mitigating and aggravating circumstances.
  193         Section 8. Paragraph (b) of subsection (3) of section
  194  106.08, Florida Statutes, is amended to read:
  195         106.08 Contributions; limitations on.—
  196         (3)
  197         (b) Except as otherwise provided in paragraph (c), Any
  198  contribution received by a candidate or by the campaign
  199  treasurer or a deputy campaign treasurer of a candidate after
  200  the date at which the candidate withdraws his or her candidacy,
  201  or after the date the candidate is defeated, becomes unopposed,
  202  or is elected to office must be returned to the person or
  203  committee contributing it and may not be used or expended by or
  204  on behalf of the candidate.
  205         Reviser’s note.—Amended to conform to the repeal of paragraph
  206         (c) by s. 62, ch. 2011-40, Laws of Florida.
  207         Section 9. Subsection (2) of section 106.143, Florida
  208  Statutes, is amended to read:
  209         106.143 Political advertisements circulated prior to
  210  election; requirements.—
  211         (2) Political advertisements made as in-kind contributions
  212  from a political party must prominently state: “Paid political
  213  advertisement paid for by in-kind by... (name of political
  214  party).... Approved by ...(name of person, party affiliation,
  215  and office sought in the political advertisement)....”
  216         Reviser’s note.—Amended to confirm editorial deletion of the
  217         word “by.”
  218         Section 10. Paragraph (g) of subsection (2) and paragraph
  219  (i) of subsection (3) of section 120.745, Florida Statutes, are
  220  amended to read:
  221         120.745 Legislative review of agency rules in effect on or
  222  before November 16, 2010.—
  223         (2) ENHANCED BIENNIAL REVIEW.—By December 1, 2011, each
  224  agency shall complete an enhanced biennial review of the
  225  agency’s existing rules, which shall include, but is not limited
  226  to:
  227         (g) Identification of each rule for which the agency will
  228  be required to prepare a compliance economic review, to include
  229  each entire rule that:
  230         1. The agency does not plan to repeal on or before December
  231  31, 2012;
  232         2. Was effective on or before November 16, 2010; and
  233         3. Probably will have any of the economic impacts described
  234  in s. 120.541(2)(a), for 5 years beginning on July 1, 2011,
  235  excluding in such estimation any part or subpart identified for
  236  amendment under paragraph (f) (e).
  237         (3) PUBLICATION OF REPORT.—No later than December 1, 2011,
  238  each agency shall publish, in the manner provided in subsection
  239  (7), a report of the entire enhanced biennial review pursuant to
  240  subsection (2), including the results of the review; a complete
  241  list of all rules the agency has placed in Group 1 or Group 2;
  242  the name, physical address, fax number, and e-mail address for
  243  the person the agency has designated to receive all inquiries,
  244  public comments, and objections pertaining to the report; and
  245  the certification of the agency head pursuant to paragraph
  246  (2)(i). The report of results shall summarize certain
  247  information required in subsection (2) in a table consisting of
  248  the following columns:
  249         (i) Column 9: Section 120.541(2)(a) impacts. Entries should
  250  be “NA” if Column 8 is “N” or, if Column 6 is “Y,” “NP” for not
  251  probable, based on the response required in subparagraph
  252  (2)(g)3. (2)(f)3., or “1” or “2,” reflecting the group number
  253  assigned by the division required in paragraph (2)(h).
  254         Reviser’s note.—Paragraph (2)(g) is amended to conform to the
  255         location of material relating to identification of rules or
  256         subparts of rules in paragraph (2)(f) for purposes of
  257         amendment; paragraph (2)(e) relates to identification of
  258         rules for repeal. Paragraph (3)(i) is amended to conform to
  259         the fact that paragraph (2)(f) is not divided into
  260         subparagraphs; related material is located at subparagraph
  261         (2)(g)3.
  262         Section 11. Subsection (12) of section 121.021, Florida
  263  Statutes, is amended to read:
  264         121.021 Definitions.—The following words and phrases as
  265  used in this chapter have the respective meanings set forth
  266  unless a different meaning is plainly required by the context:
  267         (12) “Member” means any officer or employee who is covered
  268  or who becomes covered under this system in accordance with this
  269  chapter. On and after December 1, 1970, all new members and
  270  those members transferring from existing systems shall be
  271  divided into the following classes: “Special Risk Class,” as
  272  provided in s. 121.0515 121.0515(2); “Special Risk
  273  Administrative Support Class,” as provided in s. 121.0515(8)
  274  121.0515(7); “Elected Officers’ Class,” as provided in s.
  275  121.052; “Senior Management Service Class,” as provided in s.
  276  121.055; and “Regular Class,” which consists of all members who
  277  are not in the Special Risk Class, Special Risk Administrative
  278  Support Class, Elected Officers’ Class, or Senior Management
  279  Service Class.
  280         Reviser’s note.—Amended to conform to the addition of a new s.
  281         121.0515(2) by s. 8, ch. 2011-68, Laws of Florida, and the
  282         renumbering of existing subsections to conform.
  283         Section 12. Paragraph (k) of subsection (3) of section
  284  121.0515, Florida Statutes, is amended to read:
  285         121.0515 Special Risk Class.—
  286         (3) CRITERIA.—A member, to be designated as a special risk
  287  member, must meet the following criteria:
  288         (k) The member must have already qualified for and be
  289  actively participating in special risk membership under
  290  paragraph (a), paragraph (b), or paragraph (c), must have
  291  suffered a qualifying injury as defined in this paragraph, must
  292  not be receiving disability retirement benefits as provided in
  293  s. 121.091(4), and must satisfy the requirements of this
  294  paragraph.
  295         1. The ability to qualify for the class of membership
  296  defined in paragraph (2)(i) (2)(f) occurs when two licensed
  297  medical physicians, one of whom is a primary treating physician
  298  of the member, certify the existence of the physical injury and
  299  medical condition that constitute a qualifying injury as defined
  300  in this paragraph and that the member has reached maximum
  301  medical improvement after August 1, 2008. The certifications
  302  from the licensed medical physicians must include, at a minimum,
  303  that the injury to the special risk member has resulted in a
  304  physical loss, or loss of use, of at least two of the following:
  305  left arm, right arm, left leg, or right leg; and:
  306         a. That this physical loss or loss of use is total and
  307  permanent, except in the event that the loss of use is due to a
  308  physical injury to the member’s brain, in which event the loss
  309  of use is permanent with at least 75 percent loss of motor
  310  function with respect to each arm or leg affected.
  311         b. That this physical loss or loss of use renders the
  312  member physically unable to perform the essential job functions
  313  of his or her special risk position.
  314         c. That, notwithstanding this physical loss or loss of use,
  315  the individual is able to perform the essential job functions
  316  required by the member’s new position, as provided in
  317  subparagraph 3.
  318         d. That use of artificial limbs is either not possible or
  319  does not alter the member’s ability to perform the essential job
  320  functions of the member’s position.
  321         e. That the physical loss or loss of use is a direct result
  322  of a physical injury and not a result of any mental,
  323  psychological, or emotional injury.
  324         2. For the purposes of this paragraph, “qualifying injury”
  325  means an injury sustained in the line of duty, as certified by
  326  the member’s employing agency, by a special risk member that
  327  does not result in total and permanent disability as defined in
  328  s. 121.091(4)(b). An injury is a qualifying injury if the injury
  329  is a physical injury to the member’s physical body resulting in
  330  a physical loss, or loss of use, of at least two of the
  331  following: left arm, right arm, left leg, or right leg.
  332  Notwithstanding any other provision of this section, an injury
  333  that would otherwise qualify as a qualifying injury is not
  334  considered a qualifying injury if and when the member ceases
  335  employment with the employer for whom he or she was providing
  336  special risk services on the date the injury occurred.
  337         3. The new position, as described in sub-subparagraph 1.c.,
  338  that is required for qualification as a special risk member
  339  under this paragraph is not required to be a position with
  340  essential job functions that entitle an individual to special
  341  risk membership. Whether a new position as described in sub
  342  subparagraph 1.c. exists and is available to the special risk
  343  member is a decision to be made solely by the employer in
  344  accordance with its hiring practices and applicable law.
  345         4. This paragraph does not grant or create additional
  346  rights for any individual to continued employment or to be hired
  347  or rehired by his or her employer that are not already provided
  348  within the Florida Statutes, the State Constitution, the
  349  Americans with Disabilities Act, if applicable, or any other
  350  applicable state or federal law.
  351         Reviser’s note.—Amended to conform to ss. 6 and 8, ch. 2011-68,
  352         Laws of Florida, which moved the referenced text from s.
  353         121.021(15)(f) to s. 121.0515(2)(i), not s. 121.0515(2)(f).
  354         Section 13. Paragraph (c) of subsection (15) of section
  355  121.4501, Florida Statutes, is amended to read:
  356         121.4501 Florida Retirement System Investment Plan.—
  357         (15) STATEMENT OF FIDUCIARY STANDARDS AND
  358  RESPONSIBILITIES.—
  359         (c) Subparagraph (8)(b)2. and paragraph (b) incorporate the
  360  federal law concept of participant control, established by
  361  regulations of the United States Department of Labor under s.
  362  404(c) of the Employee Retirement Income Security Act of 1974
  363  (ERISA). The purpose of this paragraph is to assist employers
  364  and the state board in maintaining compliance with s. 404(c),
  365  while avoiding unnecessary costs and eroding member benefits
  366  under the investment plan. Pursuant to 29 C.F.R. s. 2550.404c
  367  1(b)(2)(i)(B)(1)(viii), the state board or its designated agents
  368  shall deliver to members of the investment plan a copy of the
  369  prospectus most recently provided to the plan, and, pursuant to
  370  29 C.F.R. s. 2550.404c-1(b)(2)(i)(B)(2)(ii), shall provide such
  371  members an opportunity to obtain this information, except that:
  372         1. The requirement to deliver a prospectus shall be
  373  satisfied by delivery of a fund profile or summary profile that
  374  contains the information that would be included in a summary
  375  prospectus as described by Rule 498 under the Securities Act of
  376  1933, 17 C.F.R. s. 230.498. If the transaction fees, expense
  377  information or other information provided by a mutual fund in
  378  the prospectus does not reflect terms negotiated by the state
  379  board or its designated agents, the requirement is satisfied by
  380  delivery of a separate document described by Rule 498
  381  substituting accurate information; and
  382         2. Delivery shall be effected if delivery is through
  383  electronic means and the following standards are satisfied:
  384         a. Electronically-delivered documents are prepared and
  385  provided consistent with style, format, and content requirements
  386  applicable to printed documents;
  387         b. Each member is provided timely and adequate notice of
  388  the documents that are to be delivered, and their significance
  389  thereof, and of the member’s right to obtain a paper copy of
  390  such documents free of charge;
  391         c. Members have adequate access to the electronic
  392  documents, at locations such as their worksites or public
  393  facilities, and have the ability to convert the documents to
  394  paper free of charge by the state board, and the board or its
  395  designated agents take appropriate and reasonable measures to
  396  ensure that the system for furnishing electronic documents
  397  results in actual receipt. Members have provided consent to
  398  receive information in electronic format, which consent may be
  399  revoked; and
  400         d. The state board, or its designated agent, actually
  401  provides paper copies of the documents free of charge, upon
  402  request.
  403         Reviser’s note.—Amended to improve clarity.
  404         Section 14. Paragraph (i) of subsection (3) of section
  405  163.06, Florida Statutes, is amended to read:
  406         163.06 Miami River Commission.—
  407         (3) The policy committee shall have the following powers
  408  and duties:
  409         (i) Establish the Miami River working group, appoint
  410  members to the group, and organize subcommittees, delegate
  411  tasks, and seek counsel council from members of the working
  412  group as necessary to carry out the powers and duties listed in
  413  this subsection.
  414         Reviser’s note.—Amended to confirm editorial substitution of the
  415         word “counsel” for the word “council.”
  416         Section 15. Paragraph (b) of subsection (8) of section
  417  163.3184, Florida Statutes, is amended to read:
  418         163.3184 Process for adoption of comprehensive plan or plan
  419  amendment.—
  420         (8) ADMINISTRATION COMMISSION.—
  421         (b) The commission may specify the sanctions provided in
  422  subparagraphs 1. and 2. to which the local government will be
  423  subject if it elects to make the amendment effective
  424  notwithstanding the determination of noncompliance.
  425         1. The commission may direct state agencies not to provide
  426  funds to increase the capacity of roads, bridges, or water and
  427  sewer systems within the boundaries of those local governmental
  428  entities which have comprehensive plans or plan elements that
  429  are determined not to be in compliance. The commission order may
  430  also specify that the local government is not eligible for
  431  grants administered under the following programs:
  432         a. The Florida Small Cities Community Development Block
  433  Grant Program, as authorized by ss. 290.0401-290.048 290.0401
  434  290.049.
  435         b. The Florida Recreation Development Assistance Program,
  436  as authorized by chapter 375.
  437         c. Revenue sharing pursuant to ss. 206.60, 210.20, and
  438  218.61 and chapter 212, to the extent not pledged to pay back
  439  bonds.
  440         2. If the local government is one which is required to
  441  include a coastal management element in its comprehensive plan
  442  pursuant to s. 163.3177(6)(g), the commission order may also
  443  specify that the local government is not eligible for funding
  444  pursuant to s. 161.091. The commission order may also specify
  445  that the fact that the coastal management element has been
  446  determined to be not in compliance shall be a consideration when
  447  the department considers permits under s. 161.053 and when the
  448  Board of Trustees of the Internal Improvement Trust Fund
  449  considers whether to sell, convey any interest in, or lease any
  450  sovereignty lands or submerged lands until the element is
  451  brought into compliance.
  452         3. The sanctions provided by subparagraphs 1. and 2. do not
  453  apply to a local government regarding any plan amendment, except
  454  for plan amendments that amend plans that have not been finally
  455  determined to be in compliance with this part, and except as
  456  provided in this paragraph.
  457         Reviser’s note.—Amended to conform to the repeal of s. 290.049
  458         by s. 44, ch. 2001-89, Laws of Florida, and s. 25, ch.
  459         2001-201, Laws of Florida. Section 290.048 is now the last
  460         section in the range.
  461         Section 16. Subsection (6) of section 163.3213, Florida
  462  Statutes, is amended to read:
  463         163.3213 Administrative review of land development
  464  regulations.—
  465         (6) If the administrative law judge in his or her order
  466  finds the land development regulation to be inconsistent with
  467  the local comprehensive plan, the order will be submitted to the
  468  Administration Commission. An appeal pursuant to s. 120.68 may
  469  not be taken until the Administration Commission acts pursuant
  470  to this subsection. The Administration Commission shall hold a
  471  hearing no earlier than 30 days or later than 60 days after the
  472  administrative law judge renders his or her final order. The
  473  sole issue before the Administration Commission shall be the
  474  extent to which any of the sanctions described in s.
  475  163.3184(8)(a) or (b)1. or 2. 163.3184(11)(a) or (b) shall be
  476  applicable to the local government whose land development
  477  regulation has been found to be inconsistent with its
  478  comprehensive plan. If a land development regulation is not
  479  challenged within 12 months, it shall be deemed to be consistent
  480  with the adopted local plan.
  481         Reviser’s note.—Amended to conform to the redesignation of
  482         material in s. 163.3184(11)(a) and (b) as s. 163.3184(8)(a)
  483         and (b)1. and 2. by s. 17, ch. 2011-139, Laws of Florida.
  484         Section 17. Subsection (9) of section 163.3245, Florida
  485  Statutes, is amended to read:
  486         163.3245 Sector plans.—
  487         (9) Any owner of property within the planning area of a
  488  proposed long-term master plan may withdraw his or her consent
  489  to the master plan at any time prior to local government
  490  adoption, and the local government shall exclude such parcels
  491  from the adopted master plan. Thereafter, the long-term master
  492  plan, any detailed specific area plan, and the exemption from
  493  development-of-regional-impact review under this section do not
  494  apply to the subject parcels. After adoption of a long-term
  495  master plan, an owner may withdraw his or her property from the
  496  master plan only with the approval of the local government by
  497  plan amendment adopted and reviewed pursuant to s. 163.3184.
  498         Reviser’s note.—Amended pursuant to the directive of the
  499         Legislature in s. 1, ch. 93-199, Laws of Florida, to remove
  500         gender-specific references applicable to human beings from
  501         the Florida Statutes without substantive change in legal
  502         effect.
  503         Section 18. Subsection (6) of section 163.3248, Florida
  504  Statutes, is amended to read:
  505         163.3248 Rural land stewardship areas.—
  506         (6) A receiving area may be designated only pursuant to
  507  procedures established in the local government’s land
  508  development regulations. If receiving area designation requires
  509  the approval of the county board of county commissioners, such
  510  approval shall be by resolution with a simple majority vote.
  511  Before the commencement of development within a stewardship
  512  receiving area, a listed species survey must be performed for
  513  the area proposed for development. If listed species occur on
  514  the receiving area development site, the applicant must
  515  coordinate with each appropriate local, state, or federal agency
  516  to determine if adequate provisions have been made to protect
  517  those species in accordance with applicable regulations. In
  518  determining the adequacy of provisions for the protection of
  519  listed species and their habitats, the rural land stewardship
  520  area shall be considered as a whole, and the potential impacts
  521  and protective measures taken within areas to be developed as
  522  receiving areas shall be considered in conjunction with and
  523  compensated by lands set aside and protective measures taken
  524  within the designated sending areas.
  525         Reviser’s note.—Amended to confirm editorial deletion of the
  526         word “county” to eliminate unnecessary repetition.
  527         Section 19. Paragraph (b) of subsection (1) of section
  528  189.421, Florida Statutes, is amended to read:
  529         189.421 Failure of district to disclose financial reports.—
  530         (1)
  531         (b) A special district that is unable to meet the 60-day
  532  reporting deadline must provide written notice to the department
  533  before the expiration of the deadline stating the reason the
  534  special district is unable to comply with the deadline, the
  535  steps the special district is taking to prevent the
  536  noncompliance from reoccurring, and the estimated date that the
  537  special district will file the report with the appropriate
  538  agency. The district’s written response does not constitute an
  539  extension by the department; however, the department shall
  540  forward the written response to:
  541         1. If the written response refers to the reports required
  542  under s. 218.32 or s. 218.39, the Legislative Auditing Committee
  543  for its consideration in determining whether the special
  544  district should be subject to further state action in accordance
  545  with s. 11.40(2)(b) 11.40(5)(b).
  546         2. If the written response refers to the reports or
  547  information requirements listed in s. 189.419(1), the local
  548  general-purpose government or governments for their
  549  consideration in determining whether the oversight review
  550  process set forth in s. 189.428 should be undertaken.
  551         3. If the written response refers to the reports or
  552  information required under s. 112.63, the Department of
  553  Management Services for its consideration in determining whether
  554  the special district should be subject to further state action
  555  in accordance with s. 112.63(4)(d)2.
  556         Reviser’s note.—Amended to conform to the redesignation of s.
  557         11.40(5)(b) as s. 11.40(2)(b) by s. 12, ch. 2011-34, Laws
  558         of Florida.
  559         Section 20. Paragraph (a) of subsection (15) of section
  560  196.012, Florida Statutes, is amended to read:
  561         196.012 Definitions.—For the purpose of this chapter, the
  562  following terms are defined as follows, except where the context
  563  clearly indicates otherwise:
  564         (15) “New business” means:
  565         (a)1. A business or organization establishing 10 or more
  566  new jobs to employ 10 or more full-time employees in this state,
  567  paying an average wage for such new jobs that is above the
  568  average wage in the area, which principally engages in any one
  569  or more of the following operations:
  570         a. Manufactures, processes, compounds, fabricates, or
  571  produces for sale items of tangible personal property at a fixed
  572  location and which comprises an industrial or manufacturing
  573  plant; or
  574         b. Is a target industry business as defined in s.
  575  288.106(2)(q) 288.106(2)(t);
  576         2. A business or organization establishing 25 or more new
  577  jobs to employ 25 or more full-time employees in this state, the
  578  sales factor of which, as defined by s. 220.15(5), for the
  579  facility with respect to which it requests an economic
  580  development ad valorem tax exemption is less than 0.50 for each
  581  year the exemption is claimed; or
  582         3. An office space in this state owned and used by a
  583  business or organization newly domiciled in this state; provided
  584  such office space houses 50 or more full-time employees of such
  585  business or organization; provided that such business or
  586  organization office first begins operation on a site clearly
  587  separate from any other commercial or industrial operation owned
  588  by the same business or organization.
  589         Reviser’s note.—Amended to conform to the redesignation of s.
  590         288.106(2)(t) as s. 288.106(2)(q) by s. 150, ch. 2011-142,
  591         Laws of Florida.
  592         Section 21. Paragraph (g) of subsection (3) of section
  593  212.096, Florida Statutes, is amended to read:
  594         212.096 Sales, rental, storage, use tax; enterprise zone
  595  jobs credit against sales tax.—
  596         (3) In order to claim this credit, an eligible business
  597  must file under oath with the governing body or enterprise zone
  598  development agency having jurisdiction over the enterprise zone
  599  where the business is located, as applicable, a statement which
  600  includes:
  601         (g) Whether the business is a small business as defined by
  602  s. 288.703(6) 288.703(1).
  603         Reviser’s note.—Amended to conform to the redesignation of s.
  604         288.703(1) as s. 288.703(6) by s. 172, ch. 2011-142, Laws
  605         of Florida.
  606         Section 22. Paragraph (d) of subsection (3) of section
  607  213.24, Florida Statutes, is amended to read:
  608         213.24 Accrual of penalties and interest on deficiencies;
  609  deficiency billing costs.—
  610         (3) An administrative collection processing fee shall be
  611  imposed to offset payment processing and administrative costs
  612  incurred by the state due to late payment of a collection event.
  613         (d) Fees collected pursuant to this subsection shall be
  614  distributed each fiscal year as follows:
  615         1. The first $6.2 million collected shall be deposited into
  616  the department’s Operating Operations Trust Fund.
  617         2. Any amount collected above $6.2 million shall be
  618  deposited into the General Revenue Fund.
  619         Reviser’s note.—Amended to confirm editorial substitution of the
  620         word “Operating” for the word “Operations” to conform to
  621         the renaming of the trust fund by s. 1, ch. 2011-28, Laws
  622         of Florida.
  623         Section 23. Section 215.198, Florida Statutes, is amended
  624  to read:
  625         215.198 Operating Operations Trust Fund.—
  626         (1) The Operating Operations Trust Fund is created within
  627  the Department of Revenue.
  628         (2) The fund is established for use as a depository for
  629  funds to be used for program operations funded by program
  630  revenues. Funds shall be expended only pursuant to legislative
  631  appropriation or an approved amendment to the department’s
  632  operating budget pursuant to the provisions of chapter 216.
  633         Reviser’s note.—Amended to confirm editorial substitution of the
  634         word “Operating” for the word “Operations” to conform to
  635         the renaming of the trust fund by s. 1, ch. 2011-28, Laws
  636         of Florida.
  637         Section 24. Paragraph (a) of subsection (4) of section
  638  215.425, Florida Statutes, is amended to read:
  639         215.425 Extra compensation claims prohibited; bonuses;
  640  severance pay.—
  641         (4)(a) On or after July 1, 2011, a unit of government that
  642  enters into a contract or employment agreement, or renewal or
  643  renegotiation of an existing contract or employment agreement,
  644  that contains a provision for severance pay with an officer,
  645  agent, employee, or contractor must include the following
  646  provisions in the contract:
  647         1. A requirement that severance pay provided may not exceed
  648  an amount greater than 20 weeks of compensation.
  649         2. A prohibition of provision of severance pay when the
  650  officer, agent, employee, or contractor has been fired for
  651  misconduct, as defined in s. 443.036(30) 443.036(29), by the
  652  unit of government.
  653         Reviser’s note.—Amended to conform to the addition of a new
  654         subsection (26) and the redesignation of following
  655         subsections within s. 443.036 by s. 3, ch. 2011-235, Laws
  656         of Florida.
  657         Section 25. Paragraph (c) of subsection (8) of section
  658  218.39, Florida Statutes, is amended to read:
  659         218.39 Annual financial audit reports.—
  660         (8) The Auditor General shall notify the Legislative
  661  Auditing Committee of any audit report prepared pursuant to this
  662  section which indicates that an audited entity has failed to
  663  take full corrective action in response to a recommendation that
  664  was included in the two preceding financial audit reports.
  665         (c) If the committee determines that an audited entity has
  666  failed to take full corrective action for which there is no
  667  justifiable reason for not taking such action, or has failed to
  668  comply with committee requests made pursuant to this section,
  669  the committee may proceed in accordance with s. 11.40(2)
  670  11.40(5).
  671         Reviser’s note.—Amended to conform to the redesignation of s.
  672         11.40(5) as s. 11.40(2) by s. 12, ch. 2011-34, Laws of
  673         Florida.
  674         Section 26. Section 255.21, Florida Statutes, is amended to
  675  read:
  676         255.21 Special facilities for physically disabled.—Any
  677  building or facility intended for use by the general public
  678  which, in whole or in part, is constructed or altered or
  679  operated as a lessee, by or on behalf of the state or any
  680  political subdivision, municipality, or special district thereof
  681  or any public administrative board or authority of the state
  682  shall, with respect to the altered or newly constructed or
  683  leased portion of such building or facility, comply with
  684  standards and specifications established by part II V of chapter
  685  553.
  686         Reviser’s note.—Amended to conform to the location of material
  687         relating to accessibility by handicapped persons in part II
  688         of chapter 553; part V of chapter 553 relates to thermal
  689         efficiency standards.
  690         Section 27. Subsection (1) of section 260.0142, Florida
  691  Statutes, is amended to read:
  692         260.0142 Florida Greenways and Trails Council; composition;
  693  powers and duties.—
  694         (1) There is created within the department the Florida
  695  Greenways and Trails Council which shall advise the department
  696  in the execution of the department’s powers and duties under
  697  this chapter. The council shall be composed of 20 members,
  698  consisting of:
  699         (a)1. Five members appointed by the Governor, with two
  700  members representing the trail user community, two members
  701  representing the greenway user community, and one member
  702  representing private landowners.
  703         2.(b) Three members appointed by the President of the
  704  Senate, with one member representing the trail user community
  705  and two members representing the greenway user community.
  706         3.(c) Three members appointed by the Speaker of the House
  707  of Representatives, with two members representing the trail user
  708  community and one member representing the greenway user
  709  community.
  710  
  711  Those eligible to represent the trail user community shall be
  712  chosen from, but not be limited to, paved trail users, hikers,
  713  off-road bicyclists, users of off-highway vehicles, paddlers,
  714  equestrians, disabled outdoor recreational users, and commercial
  715  recreational interests. Those eligible to represent the greenway
  716  user community shall be chosen from, but not be limited to,
  717  conservation organizations, nature study organizations, and
  718  scientists and university experts.
  719         (b)(d) The 9 remaining members shall include:
  720         1. The Secretary of Environmental Protection or a designee.
  721         2. The executive director of the Fish and Wildlife
  722  Conservation Commission or a designee.
  723         3. The Secretary of Transportation or a designee.
  724         4. The Director of the Division of Forestry of the
  725  Department of Agriculture and Consumer Services or a designee.
  726         5. The director of the Division of Historical Resources of
  727  the Department of State or a designee.
  728         6. A representative of the water management districts.
  729  Membership on the council shall rotate among the five districts.
  730  The districts shall determine the order of rotation.
  731         7. A representative of a federal land management agency.
  732  The Secretary of Environmental Protection shall identify the
  733  appropriate federal agency and request designation of a
  734  representative from the agency to serve on the council.
  735         8. A representative of the regional planning councils to be
  736  appointed by the Secretary of Environmental Protection.
  737  Membership on the council shall rotate among the seven regional
  738  planning councils. The regional planning councils shall
  739  determine the order of rotation.
  740         9. A representative of local governments to be appointed by
  741  the Secretary of Environmental Protection. Membership shall
  742  alternate between a county representative and a municipal
  743  representative.
  744         Reviser’s note.—Amended to redesignate subunits to conform to
  745         Florida Statutes style. The flush left language between
  746         what was designated as paragraphs (c) and (d) only goes to
  747         material in the first three paragraphs.
  748         Section 28. Paragraph (h) of subsection (3) and paragraph
  749  (b) of subsection (4) of section 287.042, Florida Statutes, are
  750  amended to read:
  751         287.042 Powers, duties, and functions.—The department shall
  752  have the following powers, duties, and functions:
  753         (3) To establish a system of coordinated, uniform
  754  procurement policies, procedures, and practices to be used by
  755  agencies in acquiring commodities and contractual services,
  756  which shall include, but not be limited to:
  757         (h) Development of procedures to be used by state agencies
  758  when procuring information technology commodities and
  759  contractual services that ensure compliance with public records
  760  requirements and records retention and archiving requirements.
  761         (4)
  762         (b) To prescribe procedures for procuring information
  763  technology and information technology consultant services that
  764  provide for public announcement and qualification, competitive
  765  solicitations, contract award, and prohibition against
  766  contingent fees. Such procedures are limited to information
  767  technology consultant contracts for which the total project
  768  costs, or planning or study activities, are estimated to exceed
  769  the threshold amount provided in s. 287.017, for CATEGORY TWO.
  770         Reviser’s note.—Amended to confirm editorial insertion of the
  771         word “that” to provide clarity.
  772         Section 29. Subsection (1) of section 287.0947, Florida
  773  Statutes, is amended to read:
  774         287.0947 Florida Advisory Council on Small and Minority
  775  Business Development; creation; membership; duties.—
  776         (1) The Secretary of Management Services may create the
  777  Florida Advisory Council on Small and Minority Business
  778  Development with the purpose of advising and assisting the
  779  secretary in carrying out the secretary’s duties with respect to
  780  minority businesses and economic and business development. It is
  781  the intent of the Legislature that the membership of such
  782  council include practitioners, laypersons, financiers, and
  783  others with business development experience who can provide
  784  invaluable insight and expertise for this state in the
  785  diversification of its markets and networking of business
  786  opportunities. The council shall initially consist of 19
  787  persons, each of whom is or has been actively engaged in small
  788  and minority business development, either in private industry,
  789  in governmental service, or as a scholar of recognized
  790  achievement in the study of such matters. Initially, the council
  791  shall consist of members representing all regions of the state
  792  and shall include at least one member from each group identified
  793  within the definition of “minority person” in s. 288.703(4)
  794  288.703(3), considering also gender and nationality subgroups,
  795  and shall consist of the following:
  796         (a) Four members consisting of representatives of local and
  797  federal small and minority business assistance programs or
  798  community development programs.
  799         (b) Eight members composed of representatives of the
  800  minority private business sector, including certified minority
  801  business enterprises and minority supplier development councils,
  802  among whom at least two shall be women and at least four shall
  803  be minority persons.
  804         (c) Two representatives of local government, one of whom
  805  shall be a representative of a large local government, and one
  806  of whom shall be a representative of a small local government.
  807         (d) Two representatives from the banking and insurance
  808  industry.
  809         (e) Two members from the private business sector,
  810  representing the construction and commodities industries.
  811         (f) A member from the board of directors of Enterprise
  812  Florida, Inc.
  813  
  814  A candidate for appointment may be considered if eligible to be
  815  certified as an owner of a minority business enterprise, or if
  816  otherwise qualified under the criteria above. Vacancies may be
  817  filled by appointment of the secretary, in the manner of the
  818  original appointment.
  819         Reviser’s note.—Amended to conform to the redesignation of s.
  820         288.703(3) as s. 288.703(4) by s. 172, ch. 2011-142, Laws
  821         of Florida.
  822         Section 30. Paragraph (f) of subsection (4) of section
  823  288.106, Florida Statutes, is amended to read:
  824         288.106 Tax refund program for qualified target industry
  825  businesses.—
  826         (4) APPLICATION AND APPROVAL PROCESS.—
  827         (f) Effective July 1, 2011, notwithstanding paragraph
  828  (2)(j) (2)(k), the office may reduce the local financial support
  829  requirements of this section by one-half for a qualified target
  830  industry business located in Bay County, Escambia County,
  831  Franklin County, Gadsden County, Gulf County, Jefferson County,
  832  Leon County, Okaloosa County, Santa Rosa County, Wakulla County,
  833  or Walton County, if the office determines that such reduction
  834  of the local financial support requirements is in the best
  835  interest of the state and facilitates economic development,
  836  growth, or new employment opportunities in such county. This
  837  paragraph expires June 30, 2014.
  838         Reviser’s note.—Amended to conform to the redesignation of
  839         paragraph (2)(k) as paragraph (2)(j) by s. 150, ch. 2011
  840         142, Laws of Florida.
  841         Section 31. Paragraph (e) of subsection (2) of section
  842  288.1089, Florida Statutes, is reenacted and amended to read:
  843         288.1089 Innovation Incentive Program.—
  844         (2) As used in this section, the term:
  845         (d)(e) “Cumulative investment” means cumulative capital
  846  investment and all eligible capital costs, as defined in s.
  847  220.191.
  848         Reviser’s note.—Section 155, ch. 2011-142, purported to amend
  849         paragraphs (2)(b), (d), (e), (f), and (o), but did not
  850         publish paragraph (e). To conform to the deletion of former
  851         paragraph (2)(d) by s. 155, ch. 2011-142, Laws of Florida,
  852         paragraph (2)(e) was redesignated as paragraph (2)(d) by
  853         the editors. Absent affirmative evidence of legislative
  854         intent to repeal it, the paragraph is reenacted and amended
  855         as paragraph (2)(d), to confirm the omission was not
  856         intended.
  857         Section 32. Subsection (6) of section 288.1226, Florida
  858  Statutes, is amended to read:
  859         288.1226 Florida Tourism Industry Marketing Corporation;
  860  use of property; board of directors; duties; audit.—
  861         (6) ANNUAL AUDIT.—The corporation shall provide for an
  862  annual financial audit in accordance with s. 215.981. The annual
  863  audit report shall be submitted to the Auditor General; the
  864  Office of Program Policy Analysis and Government Accountability;
  865  Enterprise Florida, Inc.; and the department for review. The
  866  Office of Program Policy Analysis and Government Accountability;
  867  Enterprise Florida, Inc.; the department; and the Auditor
  868  General have the authority to require and receive from the
  869  corporation or from its independent auditor any detail or
  870  supplemental data relative to the operation of the corporation.
  871  The department shall annually certify whether the corporation is
  872  operating in a manner and achieving the objectives that are
  873  consistent with the policies and goals of Enterprise Florida,
  874  Inc., and its long-range marketing plan. The identity of a donor
  875  or prospective donor to the corporation who desires to remain
  876  anonymous and all information identifying such donor or
  877  prospective donor are confidential and exempt from the
  878  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  879  Constitution. Such anonymity shall be maintained in the
  880  auditor’s report.
  881         Reviser’s note.—Amended to confirm editorial insertion of the
  882         word “Program” to conform to the complete name of the
  883         office.
  884         Section 33. Subsection (2) of section 288.706, Florida
  885  Statutes, is amended to read:
  886         288.706 Florida Minority Business Loan Mobilization
  887  Program.—
  888         (2) The Florida Minority Business Loan Mobilization Program
  889  is created to promote the development of minority business
  890  enterprises, as defined in s. 288.703(3) 288.703(2), increase
  891  the ability of minority business enterprises to compete for
  892  state contracts, and sustain the economic growth of minority
  893  business enterprises in this state. The goal of the program is
  894  to assist minority business enterprises by facilitating working
  895  capital loans to minority business enterprises that are vendors
  896  on state agency contracts. The Department of Management Services
  897  shall administer the program.
  898         Reviser’s note.—Amended to conform to the redesignation of s.
  899         288.703(2) as s. 288.703(3) by s. 172, ch. 2011-142, Laws
  900         of Florida.
  901         Section 34. Paragraph (b) of subsection (4) of section
  902  288.7102, Florida Statutes, is amended to read:
  903         288.7102 Black Business Loan Program.—
  904         (4) To be eligible to receive funds and provide loans, loan
  905  guarantees, or investments under this section, a recipient must:
  906         (b) For an existing recipient, annually submit to the
  907  department a financial audit performed by an independent
  908  certified public accountant account for the most recently
  909  completed fiscal year, which audit does not reveal any material
  910  weaknesses or instances of material noncompliance.
  911         Reviser’s note.—Amended to confirm editorial substitution of the
  912         word “accountant” for the word “account” to conform to
  913         context.
  914         Section 35. Subsection (3) of section 288.980, Florida
  915  Statutes, is reenacted to read:
  916         288.980 Military base retention; legislative intent; grants
  917  program.—
  918         (3) The Florida Economic Reinvestment Initiative is
  919  established to respond to the need for this state and defense
  920  dependent communities in this state to develop alternative
  921  economic diversification strategies to lessen reliance on
  922  national defense dollars in the wake of base closures and
  923  reduced federal defense expenditures and the need to formulate
  924  specific base reuse plans and identify any specific
  925  infrastructure needed to facilitate reuse. The initiative shall
  926  consist of the following two distinct grant programs to be
  927  administered by the department:
  928         (a) The Florida Defense Planning Grant Program, through
  929  which funds shall be used to analyze the extent to which the
  930  state is dependent on defense dollars and defense infrastructure
  931  and prepare alternative economic development strategies. The
  932  state shall work in conjunction with defense-dependent
  933  communities in developing strategies and approaches that will
  934  help communities make the transition from a defense economy to a
  935  nondefense economy. Grant awards may not exceed $250,000 per
  936  applicant and shall be available on a competitive basis.
  937         (b) The Florida Defense Implementation Grant Program,
  938  through which funds shall be made available to defense-dependent
  939  communities to implement the diversification strategies
  940  developed pursuant to paragraph (a). Eligible applicants include
  941  defense-dependent counties and cities, and local economic
  942  development councils located within such communities. Grant
  943  awards may not exceed $100,000 per applicant and shall be
  944  available on a competitive basis. Awards shall be matched on a
  945  one-to-one basis.
  946         (c) The Florida Military Installation Reuse Planning and
  947  Marketing Grant Program, through which funds shall be used to
  948  help counties, cities, and local economic development councils
  949  develop and implement plans for the reuse of closed or realigned
  950  military installations, including any necessary infrastructure
  951  improvements needed to facilitate reuse and related marketing
  952  activities.
  953  
  954  Applications for grants under this subsection must include a
  955  coordinated program of work or plan of action delineating how
  956  the eligible project will be administered and accomplished,
  957  which must include a plan for ensuring close cooperation between
  958  civilian and military authorities in the conduct of the funded
  959  activities and a plan for public involvement.
  960         Reviser’s note.—Section 194, ch. 2011-142, Laws of Florida,
  961         amended subsection (3) without publishing paragraph (c).
  962         Absent affirmative evidence of legislative intent to repeal
  963         paragraph (c), subsection (3) is reenacted to confirm the
  964         omission was not intended.
  965         Section 36. Section 290.0401, Florida Statutes, is amended
  966  to read:
  967         290.0401 Florida Small Cities Community Development Block
  968  Grant Program Act; short title.—Sections 290.0401-290.048
  969  290.0401-290.049 may be cited as the “Florida Small Cities
  970  Community Development Block Grant Program Act.”
  971         Reviser’s note.—Amended to conform to the repeal of s. 290.049
  972         by s. 44, ch. 2001-89, Laws of Florida, and s. 25, ch.
  973         2001-201, Laws of Florida. Section 290.048 is now the last
  974         section in the range.
  975         Section 37. Section 290.0411, Florida Statutes, is amended
  976  to read:
  977         290.0411 Legislative intent and purpose of ss. 290.0401
  978  290.048 290.0401-290.049.—It is the intent of the Legislature to
  979  provide the necessary means to develop, preserve, redevelop, and
  980  revitalize Florida communities exhibiting signs of decline or
  981  distress by enabling local governments to undertake the
  982  necessary community development programs. The overall objective
  983  is to create viable communities by eliminating slum and blight,
  984  fortifying communities in urgent need, providing decent housing
  985  and suitable living environments, and expanding economic
  986  opportunities, principally for persons of low or moderate
  987  income. The purpose of ss. 290.0401-290.048 290.0401-290.049 is
  988  to assist local governments in carrying out effective community
  989  development and project planning and design activities to arrest
  990  and reverse community decline and restore community vitality.
  991  Community development and project planning activities to
  992  maintain viable communities, revitalize existing communities,
  993  expand economic development and employment opportunities, and
  994  improve housing conditions and expand housing opportunities,
  995  providing direct benefit to persons of low or moderate income,
  996  are the primary purposes of ss. 290.0401-290.048 290.0401
  997  290.049. The Legislature, therefore, declares that the
  998  development, redevelopment, preservation, and revitalization of
  999  communities in this state and all the purposes of ss. 290.0401
 1000  290.048 290.0401-290.049 are public purposes for which public
 1001  money may be borrowed, expended, loaned, pledged to guarantee
 1002  loans, and granted.
 1003         Reviser’s note.—Amended to conform to the repeal of s. 290.049
 1004         by s. 44, ch. 2001-89, Laws of Florida, and s. 25, ch.
 1005         2001-201, Laws of Florida. Section 290.048 is now the last
 1006         section in the range.
 1007         Section 38. Section 290.042, Florida Statutes, is amended
 1008  to read:
 1009         290.042 Definitions relating to Florida Small Cities
 1010  Community Development Block Grant Program Act.—As used in ss.
 1011  290.0401-290.048 290.0401-290.049, the term:
 1012         (1) “Administrative closeout” means the notification of a
 1013  grantee by the department that all applicable administrative
 1014  actions and all required work of the grant have been completed
 1015  with the exception of the final audit.
 1016         (2) “Administrative costs” means the payment of all
 1017  reasonable costs of management, coordination, monitoring, and
 1018  evaluation, and similar costs and carrying charges, related to
 1019  the planning and execution of community development activities
 1020  which are funded in whole or in part under the Florida Small
 1021  Cities Community Development Block Grant Program. Administrative
 1022  costs shall include all costs of administration, including
 1023  general administration, planning and urban design, and project
 1024  administration costs.
 1025         (3) “Department” means the Department of Economic
 1026  Opportunity.
 1027         (4) “Eligible activities” means those community development
 1028  activities authorized in s. 105(a) of Title I of the Housing and
 1029  Community Development Act of 1974, as amended, and applicable
 1030  federal regulations.
 1031         (5) “Eligible local government” means any local government
 1032  which qualifies as eligible to participate in the Florida Small
 1033  Cities Community Development Block Grant Program in accordance
 1034  with s. 102(a)(7) of Title I of the Housing and Community
 1035  Development Act of 1974, as amended, and applicable federal
 1036  regulations, and any eligibility requirements which may be
 1037  imposed by this act or by department rule.
 1038         (6) “Person of low or moderate income” means any person who
 1039  meets the definition established by the department in accordance
 1040  with the guidelines established in Title I of the Housing and
 1041  Community Development Act of 1974, as amended.
 1042         (7) “Service area” means the total geographic area to be
 1043  directly or indirectly served by a community development block
 1044  grant project where at least 51 percent of the residents are
 1045  low-income and moderate-income persons.
 1046         Reviser’s note.—Amended to conform to the repeal of s. 290.049
 1047         by s. 44, ch. 2001-89, Laws of Florida, and s. 25, ch.
 1048         2001-201, Laws of Florida. Section 290.048 is now the last
 1049         section in the range.
 1050         Section 39. Subsection (1) of section 290.044, Florida
 1051  Statutes, is amended to read:
 1052         290.044 Florida Small Cities Community Development Block
 1053  Grant Program Fund; administration; distribution.—
 1054         (1) The Florida Small Cities Community Development Block
 1055  Grant Program Fund is created. All revenue designated for
 1056  deposit in such fund shall be deposited by the appropriate
 1057  agency. The department shall administer this fund as a grant and
 1058  loan guarantee program for carrying out the purposes of ss.
 1059  290.0401-290.048 290.0401-290.049.
 1060         Reviser’s note.—Amended to conform to the repeal of s. 290.049
 1061         by s. 44, ch. 2001-89, Laws of Florida, and s. 25, ch.
 1062         2001-201, Laws of Florida. Section 290.048 is now the last
 1063         section in the range.
 1064         Section 40. Subsections (1), (3), and (4) of section
 1065  290.048, Florida Statutes, are amended to read:
 1066         290.048 General powers of department under ss. 290.0401
 1067  290.048 290.0401-290.049.—The department has all the powers
 1068  necessary or appropriate to carry out the purposes and
 1069  provisions of the program, including the power to:
 1070         (1) Make contracts and agreements with the Federal
 1071  Government; other agencies of the state; any other public
 1072  agency; or any other public person, association, corporation,
 1073  local government, or entity in exercising its powers and
 1074  performing its duties under ss. 290.0401-290.048 290.0401
 1075  290.049.
 1076         (3) Adopt and enforce rules not inconsistent with ss.
 1077  290.0401-290.048 290.0401-290.049 for the administration of the
 1078  fund.
 1079         (4) Assist in training employees of local governing
 1080  authorities to help achieve and increase their capacity to
 1081  administer programs pursuant to ss. 290.0401-290.048 290.0401
 1082  290.049 and provide technical assistance and advice to local
 1083  governing authorities involved with these programs.
 1084         Reviser’s note.—Amended to conform to the repeal of s. 290.049
 1085         by s. 44, ch. 2001-89, Laws of Florida, and s. 25, ch.
 1086         2001-201, Laws of Florida. Section 290.048 is now the last
 1087         section in the range.
 1088         Section 41. Subsection (1) of section 311.09, Florida
 1089  Statutes, is amended to read:
 1090         311.09 Florida Seaport Transportation and Economic
 1091  Development Council.—
 1092         (1) The Florida Seaport Transportation and Economic
 1093  Development Council is created within the Department of
 1094  Transportation. The council consists of the following 17 18
 1095  members: the port director, or the port director’s designee, of
 1096  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
 1097  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
 1098  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
 1099  West, and Fernandina; the secretary of the Department of
 1100  Transportation or his or her designee; and the director of the
 1101  Department of Economic Opportunity or his or her designee.
 1102         Reviser’s note.—Amended to conform to the deletion of the
 1103         secretary of the Department of Community Affairs from the
 1104         list of members by s. 227, ch. 2011-142, Laws of Florida,
 1105         which changed the number of members on the council.
 1106         Section 42. Paragraph (b) of subsection (1) of section
 1107  311.105, Florida Statutes, is amended to read:
 1108         311.105 Florida Seaport Environmental Management Committee;
 1109  permitting; mitigation.—
 1110         (1)
 1111         (b) The committee shall consist of the following members:
 1112  the Secretary of Environmental Protection, or his or her
 1113  designee, as an ex officio, nonvoting member; a designee from
 1114  the United States Army Corps of Engineers, as an ex officio,
 1115  nonvoting member; a designee from the Florida Inland Navigation
 1116  District, as an ex officio, nonvoting member; the executive
 1117  director of the Department of Economic Opportunity, or his or
 1118  her designee, as an ex officio, nonvoting member; and five or
 1119  more port directors, as voting members, appointed to the
 1120  committee by the council chair, who shall also designate one
 1121  such member as committee chair.
 1122         Reviser’s note.—Amended to confirm editorial insertion of the
 1123         words “the Department of” to conform to the complete name
 1124         of the department.
 1125         Section 43. Paragraph (c) of subsection (2) of section
 1126  316.302, Florida Statutes, is amended to read:
 1127         316.302 Commercial motor vehicles; safety regulations;
 1128  transporters and shippers of hazardous materials; enforcement.—
 1129         (2)
 1130         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
 1131  operates a commercial motor vehicle solely in intrastate
 1132  commerce not transporting any hazardous material in amounts that
 1133  require placarding pursuant to 49 C.F.R. part 172 may not drive
 1134  after having been on duty more than 70 hours in any period of 7
 1135  consecutive days or more than 80 hours in any period of 8
 1136  consecutive days if the motor carrier operates every day of the
 1137  week. Thirty-four consecutive hours off duty shall constitute
 1138  the end of any such period of 7 or 8 consecutive days. This
 1139  weekly limit does not apply to a person who operates a
 1140  commercial motor vehicle solely within this state while
 1141  transporting, during harvest periods, any unprocessed
 1142  agricultural products or unprocessed food or fiber that is
 1143  subject to seasonal harvesting from place of harvest to the
 1144  first place of processing or storage or from place of harvest
 1145  directly to market or while transporting livestock, livestock
 1146  feed, or farm supplies directly related to growing or harvesting
 1147  agricultural products. Upon request of the Department of Highway
 1148  Safety and Motor Vehicles Transportation, motor carriers shall
 1149  furnish time records or other written verification to that
 1150  department so that the Department of Highway Safety and Motor
 1151  Vehicles Transportation can determine compliance with this
 1152  subsection. These time records must be furnished to the
 1153  Department of Highway Safety and Motor Vehicles Transportation
 1154  within 2 days after receipt of that department’s request.
 1155  Falsification of such information is subject to a civil penalty
 1156  not to exceed $100. The provisions of this paragraph do not
 1157  apply to drivers of utility service vehicles as defined in 49
 1158  C.F.R. s. 395.2.
 1159         Reviser’s note.—Amended to conform to the transfer of motor
 1160         carrier compliance safety regulation from the Department of
 1161         Transportation to the Department of Highway Safety and
 1162         Motor Vehicles by ch. 2011-66, Laws of Florida.
 1163         Section 44. Subsection (13) of section 373.414, Florida
 1164  Statutes, is amended to read:
 1165         373.414 Additional criteria for activities in surface
 1166  waters and wetlands.—
 1167         (13) Any declaratory statement issued by the department
 1168  under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
 1169  as amended, or pursuant to rules adopted thereunder, or by a
 1170  water management district under s. 373.421, in response to a
 1171  petition filed on or before June 1, 1994, shall continue to be
 1172  valid for the duration of such declaratory statement. Any such
 1173  petition pending on June 1, 1994, shall be exempt from the
 1174  methodology ratified in s. 373.4211, but the rules of the
 1175  department or the relevant water management district, as
 1176  applicable, in effect prior to the effective date of s.
 1177  373.4211, shall apply. Until May 1, 1998, activities within the
 1178  boundaries of an area subject to a petition pending on June 1,
 1179  1994, and prior to final agency action on such petition, shall
 1180  be reviewed under the rules adopted pursuant to ss. 403.91
 1181  403.929, 1984 Supplement to the Florida Statutes 1983, as
 1182  amended, and this part, in existence prior to the effective date
 1183  of the rules adopted under subsection (9), unless the applicant
 1184  elects to have such activities reviewed under the rules adopted
 1185  under this part, as amended in accordance with subsection (9).
 1186  In the event that a jurisdictional declaratory statement
 1187  pursuant to the vegetative index in effect prior to the
 1188  effective date of chapter 84-79, Laws of Florida, has been
 1189  obtained and is valid prior to the effective date of the rules
 1190  adopted under subsection (9) or July 1, 1994, whichever is
 1191  later, and the affected lands are part of a project for which a
 1192  master development order has been issued pursuant to s.
 1193  380.06(21), the declaratory statement shall remain valid for the
 1194  duration of the buildout period of the project. Any
 1195  jurisdictional determination validated by the department
 1196  pursuant to rule 17-301.400(8), Florida Administrative Code, as
 1197  it existed in rule 17-4.022, Florida Administrative Code, on
 1198  April 1, 1985, shall remain in effect for a period of 5 years
 1199  following the effective date of this act if proof of such
 1200  validation is submitted to the department prior to January 1,
 1201  1995. In the event that a jurisdictional determination has been
 1202  revalidated by the department pursuant to this subsection and
 1203  the affected lands are part of a project for which a development
 1204  order has been issued pursuant to s. 380.06(15), a final
 1205  development order to which s. 163.3167(5) 163.3167(8) applies
 1206  has been issued, or a vested rights determination has been
 1207  issued pursuant to s. 380.06(20), the jurisdictional
 1208  determination shall remain valid until the completion of the
 1209  project, provided proof of such validation and documentation
 1210  establishing that the project meets the requirements of this
 1211  sentence are submitted to the department prior to January 1,
 1212  1995. Activities proposed within the boundaries of a valid
 1213  declaratory statement issued pursuant to a petition submitted to
 1214  either the department or the relevant water management district
 1215  on or before June 1, 1994, or a revalidated jurisdictional
 1216  determination, prior to its expiration shall continue thereafter
 1217  to be exempt from the methodology ratified in s. 373.4211 and to
 1218  be reviewed under the rules adopted pursuant to ss. 403.91
 1219  403.929, 1984 Supplement to the Florida Statutes 1983, as
 1220  amended, and this part, in existence prior to the effective date
 1221  of the rules adopted under subsection (9), unless the applicant
 1222  elects to have such activities reviewed under the rules adopted
 1223  under this part, as amended in accordance with subsection (9).
 1224         Reviser’s note.—Amended to conform to the renumbering of
 1225         subunits within s. 163.3167 by s. 7, ch. 2011-139, Laws of
 1226         Florida.
 1227         Section 45. Paragraph (a) of subsection (2) of section
 1228  376.3072, Florida Statutes, is amended to read:
 1229         376.3072 Florida Petroleum Liability and Restoration
 1230  Insurance Program.—
 1231         (2)(a) Any owner or operator of a petroleum storage system
 1232  may become an insured in the restoration insurance program at a
 1233  facility provided:
 1234         1. A site at which an incident has occurred shall be
 1235  eligible for restoration if the insured is a participant in the
 1236  third-party liability insurance program or otherwise meets
 1237  applicable financial responsibility requirements. After July 1,
 1238  1993, the insured must also provide the required excess
 1239  insurance coverage or self-insurance for restoration to achieve
 1240  the financial responsibility requirements of 40 C.F.R. s.
 1241  280.97, subpart H, not covered by paragraph (d).
 1242         2. A site which had a discharge reported prior to January
 1243  1, 1989, for which notice was given pursuant to s. 376.3071(9)
 1244  or (12), and which is ineligible for the third-party liability
 1245  insurance program solely due to that discharge shall be eligible
 1246  for participation in the restoration program for any incident
 1247  occurring on or after January 1, 1989, in accordance with
 1248  subsection (3). Restoration funding for an eligible contaminated
 1249  site will be provided without participation in the third-party
 1250  liability insurance program until the site is restored as
 1251  required by the department or until the department determines
 1252  that the site does not require restoration.
 1253         3. Notwithstanding paragraph (b), a site where an
 1254  application is filed with the department prior to January 1,
 1255  1995, where the owner is a small business under s. 288.703(6)
 1256  288.703(1), a state community college with less than 2,500 FTE,
 1257  a religious institution as defined by s. 212.08(7)(m), a
 1258  charitable institution as defined by s. 212.08(7)(p), or a
 1259  county or municipality with a population of less than 50,000,
 1260  shall be eligible for up to $400,000 of eligible restoration
 1261  costs, less a deductible of $10,000 for small businesses,
 1262  eligible community colleges, and religious or charitable
 1263  institutions, and $30,000 for eligible counties and
 1264  municipalities, provided that:
 1265         a. Except as provided in sub-subparagraph e., the facility
 1266  was in compliance with department rules at the time of the
 1267  discharge.
 1268         b. The owner or operator has, upon discovery of a
 1269  discharge, promptly reported the discharge to the department,
 1270  and drained and removed the system from service, if necessary.
 1271         c. The owner or operator has not intentionally caused or
 1272  concealed a discharge or disabled leak detection equipment.
 1273         d. The owner or operator proceeds to complete initial
 1274  remedial action as defined by department rules.
 1275         e. The owner or operator, if required and if it has not
 1276  already done so, applies for third-party liability coverage for
 1277  the facility within 30 days of receipt of an eligibility order
 1278  issued by the department pursuant to this provision.
 1279  
 1280  However, the department may consider in-kind services from
 1281  eligible counties and municipalities in lieu of the $30,000
 1282  deductible. The cost of conducting initial remedial action as
 1283  defined by department rules shall be an eligible restoration
 1284  cost pursuant to this provision.
 1285         4.a. By January 1, 1997, facilities at sites with existing
 1286  contamination shall be required to have methods of release
 1287  detection to be eligible for restoration insurance coverage for
 1288  new discharges subject to department rules for secondary
 1289  containment. Annual storage system testing, in conjunction with
 1290  inventory control, shall be considered to be a method of release
 1291  detection until the later of December 22, 1998, or 10 years
 1292  after the date of installation or the last upgrade. Other
 1293  methods of release detection for storage tanks which meet such
 1294  requirement are:
 1295         (I) Interstitial monitoring of tank and integral piping
 1296  secondary containment systems;
 1297         (II) Automatic tank gauging systems; or
 1298         (III) A statistical inventory reconciliation system with a
 1299  tank test every 3 years.
 1300         b. For pressurized integral piping systems, the owner or
 1301  operator must use:
 1302         (I) An automatic in-line leak detector with flow
 1303  restriction meeting the requirements of department rules used in
 1304  conjunction with an annual tightness or pressure test; or
 1305         (II) An automatic in-line leak detector with electronic
 1306  flow shut-off meeting the requirements of department rules.
 1307         c. For suction integral piping systems, the owner or
 1308  operator must use:
 1309         (I) A single check valve installed directly below the
 1310  suction pump, provided there are no other valves between the
 1311  dispenser and the tank; or
 1312         (II) An annual tightness test or other approved test.
 1313         d. Owners of facilities with existing contamination that
 1314  install internal release detection systems in accordance with
 1315  sub-subparagraph a. shall permanently close their external
 1316  groundwater and vapor monitoring wells in accordance with
 1317  department rules by December 31, 1998. Upon installation of the
 1318  internal release detection system, these wells shall be secured
 1319  and taken out of service until permanent closure.
 1320         e. Facilities with vapor levels of contamination meeting
 1321  the requirements of or below the concentrations specified in the
 1322  performance standards for release detection methods specified in
 1323  department rules may continue to use vapor monitoring wells for
 1324  release detection.
 1325         f. The department may approve other methods of release
 1326  detection for storage tanks and integral piping which have at
 1327  least the same capability to detect a new release as the methods
 1328  specified in this subparagraph.
 1329         Reviser’s note.—Amended to conform to the renumbering of
 1330         subunits within s. 288.703 by s. 172, ch. 2011-142, Laws of
 1331         Florida.
 1332         Section 46. Subsection (2) of section 376.86, Florida
 1333  Statutes, is amended to read:
 1334         376.86 Brownfield Areas Loan Guarantee Program.—
 1335         (2) The council shall consist of the secretary of the
 1336  Department of Environmental Protection or the secretary’s
 1337  designee, the State Surgeon General or the State Surgeon
 1338  General’s designee, the executive director of the State Board of
 1339  Administration or the executive director’s designee, the
 1340  executive director of the Florida Housing Finance Corporation or
 1341  the executive director’s designee, and the executive director of
 1342  the Department of Economic Opportunity or the director’s
 1343  designee. The executive director of the Department of Economic
 1344  Opportunity or the director’s designee shall serve as chair of
 1345  the council. Staff services for activities of the council shall
 1346  be provided as needed by the member agencies.
 1347         Reviser’s note.—Amended to confirm editorial insertion of the
 1348         words “the Department of” to conform to the complete name
 1349         of the department.
 1350         Section 47. Section 379.2255, Florida Statutes, is amended
 1351  to read:
 1352         379.2255 Wildlife Violator Compact Act.—The Wildlife
 1353  Violator Compact is created and entered into with all other
 1354  jurisdictions legally joining therein in the form substantially
 1355  as follows:
 1356  
 1357                              ARTICLE I                            
 1358                        Findings and Purpose                       
 1359  
 1360         (1) The participating states find that:
 1361         (a) Wildlife resources are managed in trust by the
 1362  respective states for the benefit of all residents and visitors.
 1363         (b) The protection of the wildlife resources of a state is
 1364  materially affected by the degree of compliance with state
 1365  statutes, laws, regulations, ordinances, and administrative
 1366  rules relating to the management of such resources.
 1367         (c) The preservation, protection, management, and
 1368  restoration of wildlife contributes immeasurably to the
 1369  aesthetic, recreational, and economic aspects of such natural
 1370  resources.
 1371         (d) Wildlife resources are valuable without regard to
 1372  political boundaries; therefore, every person should be required
 1373  to comply with wildlife preservation, protection, management,
 1374  and restoration laws, ordinances, and administrative rules and
 1375  regulations of the participating states as a condition precedent
 1376  to the continuance or issuance of any license to hunt, fish,
 1377  trap, or possess wildlife.
 1378         (e) Violation of wildlife laws interferes with the
 1379  management of wildlife resources and may endanger the safety of
 1380  persons and property.
 1381         (f) The mobility of many wildlife law violators
 1382  necessitates the maintenance of channels of communication among
 1383  the various states.
 1384         (g) In most instances, a person who is cited for a wildlife
 1385  violation in a state other than his or her home state is:
 1386         1. Required to post collateral or a bond to secure
 1387  appearance for a trial at a later date;
 1388         2. Taken into custody until the collateral or bond is
 1389  posted; or
 1390         3. Taken directly to court for an immediate appearance.
 1391         (h) The purpose of the enforcement practices set forth in
 1392  paragraph (g) is to ensure compliance with the terms of a
 1393  wildlife citation by the cited person who, if permitted to
 1394  continue on his or her way after receiving the citation, could
 1395  return to his or her home state and disregard his or her duty
 1396  under the terms of the citation.
 1397         (i) In most instances, a person receiving a wildlife
 1398  citation in his or her home state is permitted to accept the
 1399  citation from the officer at the scene of the violation and
 1400  immediately continue on his or her way after agreeing or being
 1401  instructed to comply with the terms of the citation.
 1402         (j) The practices described in paragraph (g) cause
 1403  unnecessary inconvenience and, at times, a hardship for the
 1404  person who is unable at the time to post collateral, furnish a
 1405  bond, stand trial, or pay a fine, and thus is compelled to
 1406  remain in custody until some alternative arrangement is made.
 1407         (k) The enforcement practices described in paragraph (g)
 1408  consume an undue amount of time of law enforcement agencies.
 1409         (2) It is the policy of the participating states to:
 1410         (a) Promote compliance with the statutes, laws, ordinances,
 1411  regulations, and administrative rules relating to the management
 1412  of wildlife resources in their respective states.
 1413         (b) Recognize a suspension of the wildlife license
 1414  privileges of any person whose license privileges have been
 1415  suspended by a participating state and treat such suspension as
 1416  if it had occurred in each respective state.
 1417         (c) Allow a violator, except as provided in subsection (2)
 1418  of Article III, to accept a wildlife citation and, without
 1419  delay, proceed on his or her way, whether or not the violator is
 1420  a resident of the state in which the citation was issued, if the
 1421  violator’s home state is party to this compact.
 1422         (d) Report to the appropriate participating state, as
 1423  provided in the compact manual, any conviction recorded against
 1424  any person whose home state was not the issuing state.
 1425         (e) Allow the home state to recognize and treat convictions
 1426  recorded against its residents, which convictions occurred in a
 1427  participating state, as though they had occurred in the home
 1428  state.
 1429         (f) Extend cooperation to its fullest extent among the
 1430  participating states for enforcing compliance with the terms of
 1431  a wildlife citation issued in one participating state to a
 1432  resident of another participating state.
 1433         (g) Maximize the effective use of law enforcement personnel
 1434  and information.
 1435         (h) Assist court systems in the efficient disposition of
 1436  wildlife violations.
 1437         (3) The purpose of this compact is to:
 1438         (a) Provide a means through which participating states may
 1439  join in a reciprocal program to effectuate the policies
 1440  enumerated in subsection (2) in a uniform and orderly manner.
 1441         (b) Provide for the fair and impartial treatment of
 1442  wildlife violators operating within participating states in
 1443  recognition of the violator’s right to due process and the
 1444  sovereign status of a participating state.
 1445  
 1446                             ARTICLE II                            
 1447                             Definitions                           
 1448  
 1449  As used in this compact, the term:
 1450         (1) “Citation” means any summons, complaint, summons and
 1451  complaint, ticket, penalty assessment, or other official
 1452  document issued to a person by a wildlife officer or other peace
 1453  officer for a wildlife violation which contains an order
 1454  requiring the person to respond.
 1455         (2) “Collateral” means any cash or other security deposited
 1456  to secure an appearance for trial in connection with the
 1457  issuance by a wildlife officer or other peace officer of a
 1458  citation for a wildlife violation.
 1459         (3) “Compliance” with respect to a citation means the act
 1460  of answering a citation through an appearance in a court or
 1461  tribunal, or through the payment of fines, costs, and
 1462  surcharges, if any.
 1463         (4) “Conviction” means a conviction that results in
 1464  suspension or revocation of a license, including any court
 1465  conviction, for any offense related to the preservation,
 1466  protection, management, or restoration of wildlife which is
 1467  prohibited by state statute, law, regulation, ordinance, or
 1468  administrative rule. The term also includes the forfeiture of
 1469  any bail, bond, or other security deposited to secure appearance
 1470  by a person charged with having committed any such offense, the
 1471  payment of a penalty assessment, a plea of nolo contendere, or
 1472  the imposition of a deferred or suspended sentence by the court.
 1473         (5) “Court” means a court of law, including magistrate’s
 1474  court and the justice of the peace court.
 1475         (6) “Home state” means the state of primary residence of a
 1476  person.
 1477         (7) “Issuing state” means the participating state that
 1478  issues a wildlife citation to the violator.
 1479         (8) “License” means any license, permit, or other public
 1480  document that conveys to the person to whom it was issued the
 1481  privilege of pursuing, possessing, or taking any wildlife
 1482  regulated by statute, law, regulation, ordinance, or
 1483  administrative rule of a participating state; any privilege to
 1484  obtain such license, permit, or other public document; or any
 1485  statutory exemption from the requirement to obtain such license,
 1486  permit, or other public document. However, when applied to a
 1487  license, permit, or privilege issued or granted by the State of
 1488  Florida, only a license or permit issued under s. 379.354, or a
 1489  privilege granted under s. 379.353, shall be considered a
 1490  license.
 1491         (9) “Licensing authority” means the department or division
 1492  within each participating state which is authorized by law to
 1493  issue or approve licenses or permits to hunt, fish, trap, or
 1494  possess wildlife.
 1495         (10) “Participating state” means any state that enacts
 1496  legislation to become a member of this wildlife compact.
 1497         (11) “Personal recognizance” means an agreement by a person
 1498  made at the time of issuance of the wildlife citation that such
 1499  person will comply with the terms of the citation.
 1500         (12) “State” means any state, territory, or possession of
 1501  the United States, the District of Columbia, the Commonwealth of
 1502  Puerto Rico, the Provinces of Canada, and other countries.
 1503         (13) “Suspension” means any revocation, denial, or
 1504  withdrawal of any or all license privileges, including the
 1505  privilege to apply for, purchase, or exercise the benefits
 1506  conferred by any license.
 1507         (14) “Terms of the citation” means those conditions and
 1508  options expressly stated upon the citation.
 1509         (15) “Wildlife” means all species of animals, including,
 1510  but not limited to, mammals, birds, fish, reptiles, amphibians,
 1511  mollusks, and crustaceans, which are defined as “wildlife” and
 1512  are protected or otherwise regulated by statute, law,
 1513  regulation, ordinance, or administrative rule in a participating
 1514  state. Species included in the definition of “wildlife” vary
 1515  from state to state and the determination of whether a species
 1516  is “wildlife” for the purposes of this compact shall be based on
 1517  local law.
 1518         (16) “Wildlife law” means any statute, law, regulation,
 1519  ordinance, or administrative rule developed and enacted for the
 1520  management of wildlife resources and the uses thereof.
 1521         (17) “Wildlife officer” means any individual authorized by
 1522  a participating state to issue a citation for a wildlife
 1523  violation.
 1524         (18) “Wildlife violation” means any cited violation of a
 1525  statute, law, regulation, ordinance, or administrative rule
 1526  developed and enacted for the management of wildlife resources
 1527  and the uses thereof.
 1528  
 1529                             ARTICLE III                           
 1530                    Procedures for Issuing State                   
 1531  
 1532         (1) When issuing a citation for a wildlife violation, a
 1533  wildlife officer shall issue a citation to any person whose
 1534  primary residence is in a participating state in the same manner
 1535  as though the person were a resident of the issuing state and
 1536  shall not require such person to post collateral to secure
 1537  appearance, subject to the exceptions noted in subsection (2),
 1538  if the officer receives the recognizance of such person that he
 1539  will comply with the terms of the citation.
 1540         (2) Personal recognizance is acceptable if not prohibited
 1541  by local law; by policy, procedure, or regulation of the issuing
 1542  agency; or by the compact manual and if the violator provides
 1543  adequate proof of identification to the wildlife officer.
 1544         (3) Upon conviction or failure of a person to comply with
 1545  the terms of a wildlife citation, the appropriate official shall
 1546  report the conviction or failure to comply to the licensing
 1547  authority of the participating state in which the wildlife
 1548  citation was issued. The report shall be made in accordance with
 1549  procedures specified by the issuing state and must contain
 1550  information as specified in the compact manual as minimum
 1551  requirements for effective processing by the home state.
 1552         (4) Upon receipt of the report of conviction or
 1553  noncompliance pursuant to subsection (3), the licensing
 1554  authority of the issuing state shall transmit to the licensing
 1555  authority of the home state of the violator the information in
 1556  the form and content prescribed in the compact manual.
 1557  
 1558                             ARTICLE IV                            
 1559                      Procedure for Home State                     
 1560  
 1561         (1) Upon receipt of a report from the licensing authority
 1562  of the issuing state reporting the failure of a violator to
 1563  comply with the terms of a citation, the licensing authority of
 1564  the home state shall notify the violator and shall initiate a
 1565  suspension action in accordance with the home state’s suspension
 1566  procedures and shall suspend the violator’s license privileges
 1567  until satisfactory evidence of compliance with the terms of the
 1568  wildlife citation has been furnished by the issuing state to the
 1569  home state licensing authority. Due-process safeguards shall be
 1570  accorded.
 1571         (2) Upon receipt of a report of conviction from the
 1572  licensing authority of the issuing state, the licensing
 1573  authority of the home state shall enter such conviction in its
 1574  records and shall treat such conviction as though it occurred in
 1575  the home state for purposes of the suspension of license
 1576  privileges.
 1577         (3) The licensing authority of the home state shall
 1578  maintain a record of actions taken and shall make reports to
 1579  issuing states as provided in the compact manual.
 1580  
 1581                              ARTICLE V                            
 1582                Reciprocal Recognition of Suspension               
 1583  
 1584         (1) Each participating state may recognize the suspension
 1585  of license privileges of any person by any other participating
 1586  state as though the violation resulting in the suspension had
 1587  occurred in that state and would have been the basis for
 1588  suspension of license privileges in that state.
 1589         (2) Each participating state shall communicate suspension
 1590  information to other participating states in the form and
 1591  content contained in the compact manual.
 1592  
 1593                             ARTICLE VI                            
 1594                     Applicability of Other Laws                   
 1595  
 1596  Except as expressly required by provisions of this compact, this
 1597  compact does not affect the right of any participating state to
 1598  apply any of its laws relating to license privileges to any
 1599  person or circumstance or to invalidate or prevent any agreement
 1600  or other cooperative arrangement between a participating state
 1601  and a nonparticipating state concerning the enforcement of
 1602  wildlife laws.
 1603  
 1604                             ARTICLE VII                           
 1605                  Compact Administrator Procedures                 
 1606  
 1607         (1) For the purpose of administering the provisions of this
 1608  compact and to serve as a governing body for the resolution of
 1609  all matters relating to the operation of this compact, a board
 1610  of compact administrators is established. The board shall be
 1611  composed of one representative from each of the participating
 1612  states to be known as the compact administrator. The compact
 1613  administrator shall be appointed by the head of the licensing
 1614  authority of each participating state and shall serve and be
 1615  subject to removal in accordance with the laws of the state he
 1616  or she represents. A compact administrator may provide for the
 1617  discharge of his or her duties and the performance of his or her
 1618  functions as a board member by an alternate. An alternate is not
 1619  entitled to serve unless written notification of his or her
 1620  identity has been given to the board.
 1621         (2) Each member of the board of compact administrators
 1622  shall be entitled to one vote. No action of the board shall be
 1623  binding unless taken at a meeting at which a majority of the
 1624  total number of the board’s votes are cast in favor thereof.
 1625  Action by the board shall be only at a meeting at which a
 1626  majority of the participating states are represented.
 1627         (3) The board shall elect annually from its membership a
 1628  chairperson chairman and vice chairperson chairman.
 1629         (4) The board shall adopt bylaws not inconsistent with the
 1630  provisions of this compact or the laws of a participating state
 1631  for the conduct of its business and shall have the power to
 1632  amend and rescind its bylaws.
 1633         (5) The board may accept for any of its purposes and
 1634  functions under this compact any and all donations and grants of
 1635  moneys, equipment, supplies, materials, and services,
 1636  conditional or otherwise, from any state, the United States, or
 1637  any governmental agency, and may receive, use, and dispose of
 1638  the same.
 1639         (6) The board may contract with, or accept services or
 1640  personnel from, any governmental or intergovernmental agency,
 1641  individual, firm, corporation, or private nonprofit organization
 1642  or institution.
 1643         (7) The board shall formulate all necessary procedures and
 1644  develop uniform forms and documents for administering the
 1645  provisions of this compact. All procedures and forms adopted
 1646  pursuant to board action shall be contained in a compact manual.
 1647  
 1648                            ARTICLE VIII                           
 1649                  Entry into Compact and Withdrawal                
 1650  
 1651         (1) This compact shall become effective at such time as it
 1652  is adopted in substantially similar form by two or more states.
 1653         (2)
 1654         (a) Entry into the compact shall be made by resolution of
 1655  ratification executed by the authorized officials of the
 1656  applying state and submitted to the chairperson chairman of the
 1657  board.
 1658         (b) The resolution shall substantially be in the form and
 1659  content as provided in the compact manual and must include the
 1660  following:
 1661         1. A citation of the authority from which the state is
 1662  empowered to become a party to this compact;
 1663         2. An agreement of compliance with the terms and provisions
 1664  of this compact; and
 1665         3. An agreement that compact entry is with all states
 1666  participating in the compact and with all additional states
 1667  legally becoming a party to the compact.
 1668         (c) The effective date of entry shall be specified by the
 1669  applying state, but may not be less than 60 days after notice
 1670  has been given by the chairperson chairman of the board of the
 1671  compact administrators or by the secretariat of the board to
 1672  each participating state that the resolution from the applying
 1673  state has been received.
 1674         (3) A participating state may withdraw from participation
 1675  in this compact by official written notice to each participating
 1676  state, but withdrawal shall not become effective until 90 days
 1677  after the notice of withdrawal is given. The notice must be
 1678  directed to the compact administrator of each member state. The
 1679  withdrawal of any state does not affect the validity of this
 1680  compact as to the remaining participating states.
 1681  
 1682                             ARTICLE IX                            
 1683                      Amendments to the Compact                    
 1684  
 1685         (1) This compact may be amended from time to time.
 1686  Amendments shall be presented in resolution form to the
 1687  chairperson chairman of the board of compact administrators and
 1688  shall be initiated by one or more participating states.
 1689         (2) Adoption of an amendment shall require endorsement by
 1690  all participating states and shall become effective 30 days
 1691  after the date of the last endorsement.
 1692  
 1693                              ARTICLE X                            
 1694                    Construction and Severability                  
 1695  
 1696  This compact shall be liberally construed so as to effectuate
 1697  the purposes stated herein. The provisions of this compact are
 1698  severable and if any phrase, clause, sentence, or provision of
 1699  this compact is declared to be contrary to the constitution of
 1700  any participating state or of the United States, or if the
 1701  applicability thereof to any government, agency, individual, or
 1702  circumstance is held invalid, the validity of the remainder of
 1703  this compact shall not be affected thereby. If this compact is
 1704  held contrary to the constitution of any participating state,
 1705  the compact shall remain in full force and effect as to the
 1706  remaining states and in full force and effect as to the
 1707  participating state affected as to all severable matters.
 1708  
 1709                             ARTICLE XI                            
 1710                                Title                              
 1711  
 1712         This compact shall be known as the “Wildlife Violator
 1713  Compact.”
 1714         Reviser’s note.—Amended pursuant to the directive of the
 1715         Legislature in s. 1, ch. 93-199, Laws of Florida, to remove
 1716         gender-specific references applicable to human beings from
 1717         the Florida Statutes without substantive change in legal
 1718         effect.
 1719         Section 48. Paragraphs (b) and (c) of subsection (4) of
 1720  section 381.026, Florida Statutes, are amended to read:
 1721         381.026 Florida Patient’s Bill of Rights and
 1722  Responsibilities.—
 1723         (4) RIGHTS OF PATIENTS.—Each health care facility or
 1724  provider shall observe the following standards:
 1725         (b) Information.—
 1726         1. A patient has the right to know the name, function, and
 1727  qualifications of each health care provider who is providing
 1728  medical services to the patient. A patient may request such
 1729  information from his or her responsible provider or the health
 1730  care facility in which he or she is receiving medical services.
 1731         2. A patient in a health care facility has the right to
 1732  know what patient support services are available in the
 1733  facility.
 1734         3. A patient has the right to be given by his or her health
 1735  care provider information concerning diagnosis, planned course
 1736  of treatment, alternatives, risks, and prognosis, unless it is
 1737  medically inadvisable or impossible to give this information to
 1738  the patient, in which case the information must be given to the
 1739  patient’s guardian or a person designated as the patient’s
 1740  representative. A patient has the right to refuse this
 1741  information.
 1742         4. A patient has the right to refuse any treatment based on
 1743  information required by this paragraph, except as otherwise
 1744  provided by law. The responsible provider shall document any
 1745  such refusal.
 1746         5. A patient in a health care facility has the right to
 1747  know what facility rules and regulations apply to patient
 1748  conduct.
 1749         6. A patient has the right to express grievances to a
 1750  health care provider, a health care facility, or the appropriate
 1751  state licensing agency regarding alleged violations of patients’
 1752  rights. A patient has the right to know the health care
 1753  provider’s or health care facility’s procedures for expressing a
 1754  grievance.
 1755         7. A patient in a health care facility who does not speak
 1756  English has the right to be provided an interpreter when
 1757  receiving medical services if the facility has a person readily
 1758  available who can interpret on behalf of the patient.
 1759         8. A health care provider or health care facility shall
 1760  respect a patient’s right to privacy and should refrain from
 1761  making a written inquiry or asking questions concerning the
 1762  ownership of a firearm or ammunition by the patient or by a
 1763  family member of the patient, or the presence of a firearm in a
 1764  private home or other domicile of the patient or a family member
 1765  of the patient. Notwithstanding this provision, a health care
 1766  provider or health care facility that in good faith believes
 1767  that this information is relevant to the patient’s medical care
 1768  or safety, or safety of or others, may make such a verbal or
 1769  written inquiry.
 1770         9. A patient may decline to answer or provide any
 1771  information regarding ownership of a firearm by the patient or a
 1772  family member of the patient, or the presence of a firearm in
 1773  the domicile of the patient or a family member of the patient. A
 1774  patient’s decision not to answer a question relating to the
 1775  presence or ownership of a firearm does not alter existing law
 1776  regarding a physician’s authorization to choose his or her
 1777  patients.
 1778         10. A health care provider or health care facility may not
 1779  discriminate against a patient based solely upon the patient’s
 1780  exercise of the constitutional right to own and possess firearms
 1781  or ammunition.
 1782         11. A health care provider or health care facility shall
 1783  respect a patient’s legal right to own or possess a firearm and
 1784  should refrain from unnecessarily harassing a patient about
 1785  firearm ownership during an examination.
 1786         (c) Financial information and disclosure.—
 1787         1. A patient has the right to be given, upon request, by
 1788  the responsible provider, his or her designee, or a
 1789  representative of the health care facility full information and
 1790  necessary counseling on the availability of known financial
 1791  resources for the patient’s health care.
 1792         2. A health care provider or a health care facility shall,
 1793  upon request, disclose to each patient who is eligible for
 1794  Medicare, before treatment, whether the health care provider or
 1795  the health care facility in which the patient is receiving
 1796  medical services accepts assignment under Medicare reimbursement
 1797  as payment in full for medical services and treatment rendered
 1798  in the health care provider’s office or health care facility.
 1799         3. A primary care provider may publish a schedule of
 1800  charges for the medical services that the provider offers to
 1801  patients. The schedule must include the prices charged to an
 1802  uninsured person paying for such services by cash, check, credit
 1803  card, or debit card. The schedule must be posted in a
 1804  conspicuous place in the reception area of the provider’s office
 1805  and must include, but is not limited to, the 50 services most
 1806  frequently provided by the primary care provider. The schedule
 1807  may group services by three price levels, listing services in
 1808  each price level. The posting must be at least 15 square feet in
 1809  size. A primary care provider who publishes and maintains a
 1810  schedule of charges for medical services is exempt from the
 1811  license fee requirements for a single period of renewal of a
 1812  professional license under chapter 456 for that licensure term
 1813  and is exempt from the continuing education requirements of
 1814  chapter 456 and the rules implementing those requirements for a
 1815  single 2-year period.
 1816         4. If a primary care provider publishes a schedule of
 1817  charges pursuant to subparagraph 3., he or she must continually
 1818  post it at all times for the duration of active licensure in
 1819  this state when primary care services are provided to patients.
 1820  If a primary care provider fails to post the schedule of charges
 1821  in accordance with this subparagraph, the provider shall be
 1822  required to pay any license fee and comply with any continuing
 1823  education requirements for which an exemption was received.
 1824         5. A health care provider or a health care facility shall,
 1825  upon request, furnish a person, before the provision of medical
 1826  services, a reasonable estimate of charges for such services.
 1827  The health care provider or the health care facility shall
 1828  provide an uninsured person, before the provision of a planned
 1829  nonemergency medical service, a reasonable estimate of charges
 1830  for such service and information regarding the provider’s or
 1831  facility’s discount or charity policies for which the uninsured
 1832  person may be eligible. Such estimates by a primary care
 1833  provider must be consistent with the schedule posted under
 1834  subparagraph 3. Estimates shall, to the extent possible, be
 1835  written in a language comprehensible to an ordinary layperson.
 1836  Such reasonable estimate does not preclude the health care
 1837  provider or health care facility from exceeding the estimate or
 1838  making additional charges based on changes in the patient’s
 1839  condition or treatment needs.
 1840         6. Each licensed facility not operated by the state shall
 1841  make available to the public on its Internet website or by other
 1842  electronic means a description of and a link to the performance
 1843  outcome and financial data that is published by the agency
 1844  pursuant to s. 408.05(3)(k). The facility shall place a notice
 1845  in the reception area that such information is available
 1846  electronically and the website address. The licensed facility
 1847  may indicate that the pricing information is based on a
 1848  compilation of charges for the average patient and that each
 1849  patient’s bill may vary from the average depending upon the
 1850  severity of illness and individual resources consumed. The
 1851  licensed facility may also indicate that the price of service is
 1852  negotiable for eligible patients based upon the patient’s
 1853  ability to pay.
 1854         7. A patient has the right to receive a copy of an itemized
 1855  bill upon request. A patient has a right to be given an
 1856  explanation of charges upon request.
 1857         Reviser’s note.—Paragraph (4)(b) is amended to confirm editorial
 1858         substitution of the word “of” for the word “or.” Paragraph
 1859         (4)(c) is amended to delete the word “a” to improve
 1860         clarity.
 1861         Section 49. Subsection (17) of section 409.9122, Florida
 1862  Statutes, is amended to read:
 1863         409.9122 Mandatory Medicaid managed care enrollment;
 1864  programs and procedures.—
 1865         (17) The agency shall establish and maintain an information
 1866  system to make encounter data, financial data, and other
 1867  measures of plan performance available to the public and any
 1868  interested party.
 1869         (a) Information submitted by the managed care plans shall
 1870  be available online as well as in other formats.
 1871         (b) Periodic agency reports shall be published that include
 1872  provide summary as well as plan specific measures of financial
 1873  performance and service utilization.
 1874         (c) Any release of the financial and encounter data
 1875  submitted by managed care plans shall ensure the confidentiality
 1876  of personal health information.
 1877         Reviser’s note.—Amended to confirm editorial insertion of the
 1878         word “available” and deletion of the word “provide.”
 1879         Section 50. Paragraphs (c) and (e) of subsection (3) of
 1880  section 409.966, Florida Statutes, are amended to read:
 1881         409.966 Eligible plans; selection.—
 1882         (3) QUALITY SELECTION CRITERIA.—
 1883         (c) After negotiations are conducted, the agency shall
 1884  select the eligible plans that are determined to be responsive
 1885  and provide the best value to the state. Preference shall be
 1886  given to plans that:
 1887         1. Have signed contracts with primary and specialty
 1888  physicians in sufficient numbers to meet the specific standards
 1889  established pursuant to s. 409.967(2)(c) 409.967(2)(b).
 1890         2. Have well-defined programs for recognizing patient
 1891  centered medical homes and providing for increased compensation
 1892  for recognized medical homes, as defined by the plan.
 1893         3. Are organizations that are based in and perform
 1894  operational functions in this state, in-house or through
 1895  contractual arrangements, by staff located in this state. Using
 1896  a tiered approach, the highest number of points shall be awarded
 1897  to a plan that has all or substantially all of its operational
 1898  functions performed in the state. The second highest number of
 1899  points shall be awarded to a plan that has a majority of its
 1900  operational functions performed in the state. The agency may
 1901  establish a third tier; however, preference points may not be
 1902  awarded to plans that perform only community outreach, medical
 1903  director functions, and state administrative functions in the
 1904  state. For purposes of this subparagraph, operational functions
 1905  include claims processing, member services, provider relations,
 1906  utilization and prior authorization, case management, disease
 1907  and quality functions, and finance and administration. For
 1908  purposes of this subparagraph, the term “based in this state”
 1909  means that the entity’s principal office is in this state and
 1910  the plan is not a subsidiary, directly or indirectly through one
 1911  or more subsidiaries of, or a joint venture with, any other
 1912  entity whose principal office is not located in the state.
 1913         4. Have contracts or other arrangements for cancer disease
 1914  management programs that have a proven record of clinical
 1915  efficiencies and cost savings.
 1916         5. Have contracts or other arrangements for diabetes
 1917  disease management programs that have a proven record of
 1918  clinical efficiencies and cost savings.
 1919         6. Have a claims payment process that ensures that claims
 1920  that are not contested or denied will be promptly paid pursuant
 1921  to s. 641.3155.
 1922         (e) To ensure managed care plan participation in Regions 1
 1923  and 2, the agency shall award an additional contract to each
 1924  plan with a contract award in Region 1 or Region 2. Such
 1925  contract shall be in any other region in which the plan
 1926  submitted a responsive bid and negotiates a rate acceptable to
 1927  the agency. If a plan that is awarded an additional contract
 1928  pursuant to this paragraph is subject to penalties pursuant to
 1929  s. 409.967(2)(h) s. 409.967(2)(g) for activities in Region 1 or
 1930  Region 2, the additional contract is automatically terminated
 1931  180 days after the imposition of the penalties. The plan must
 1932  reimburse the agency for the cost of enrollment changes and
 1933  other transition activities.
 1934         Reviser’s note.—Paragraph (3)(c) is amended to substitute a
 1935         reference to s. 409.967(2)(c) for a reference to s.
 1936         409.967(2)(b). Section 409.967(2)(c) establishes standards
 1937         for access to care. Section 409.967(2)(b) references
 1938         emergency services. Paragraph (3)(e) is amended to
 1939         substitute a reference to s. 409.967(2)(h) for a reference
 1940         to s. 409.967(2)(g). Section 409.967(2)(h) relates to
 1941         penalties. Section 409.967(2)(g) relates to grievance
 1942         resolution.
 1943         Section 51. Subsection (1) of section 409.972, Florida
 1944  Statutes, is amended to read:
 1945         409.972 Mandatory and voluntary enrollment.—
 1946         (1) Persons eligible for the program known as “medically
 1947  needy” pursuant to s. 409.904(2) 409.904(2)(a) shall enroll in
 1948  managed care plans. Medically needy recipients shall meet the
 1949  share of the cost by paying the plan premium, up to the share of
 1950  the cost amount, contingent upon federal approval.
 1951         Reviser’s note.—Amended to conform to the repeal of s.
 1952         409.904(2)(b) by s. 3, ch. 2011-61, Laws of Florida, which
 1953         resulted in subsection (2) having no subunits.
 1954         Section 52. Paragraph (e) of subsection (4) of section
 1955  409.973, Florida Statutes, is amended to read:
 1956         409.973 Benefits.—
 1957         (4) PRIMARY CARE INITIATIVE.—Each plan operating in the
 1958  managed medical assistance program shall establish a program to
 1959  encourage enrollees to establish a relationship with their
 1960  primary care provider. Each plan shall:
 1961         (e) Report to the agency the number of emergency room
 1962  visits by enrollees who have not had at a least one appointment
 1963  with their primary care provider.
 1964         Reviser’s note.—Amended to confirm editorial substitution of the
 1965         word “at” for the word “a.”
 1966         Section 53. Subsection (2) of section 409.974, Florida
 1967  Statutes, is amended to read:
 1968         409.974 Eligible plans.—
 1969         (2) QUALITY SELECTION CRITERIA.—In addition to the criteria
 1970  established in s. 409.966, the agency shall consider evidence
 1971  that an eligible plan has written agreements or signed contracts
 1972  or has made substantial progress in establishing relationships
 1973  with providers before the plan submitting a response. The agency
 1974  shall evaluate and give special weight to evidence of signed
 1975  contracts with essential providers as defined by the agency
 1976  pursuant to s. 409.975(1) 409.975(2). The agency shall exercise
 1977  a preference for plans with a provider network in which over 10
 1978  percent of the providers use electronic health records, as
 1979  defined in s. 408.051. When all other factors are equal, the
 1980  agency shall consider whether the organization has a contract to
 1981  provide managed long-term care services in the same region and
 1982  shall exercise a preference for such plans.
 1983         Reviser’s note.—Amended to substitute a reference to s.
 1984         409.975(1) for a reference to s. 409.975(2). Material
 1985         concerning essential providers is in s. 409.975(1). Section
 1986         409.975(2) relates to the Florida Medical Schools Quality
 1987         Network.
 1988         Section 54. Subsection (1) of section 409.975, Florida
 1989  Statutes, is amended to read:
 1990         409.975 Managed care plan accountability.—In addition to
 1991  the requirements of s. 409.967, plans and providers
 1992  participating in the managed medical assistance program shall
 1993  comply with the requirements of this section.
 1994         (1) PROVIDER NETWORKS.—Managed care plans must develop and
 1995  maintain provider networks that meet the medical needs of their
 1996  enrollees in accordance with standards established pursuant to
 1997  s. 409.967(2)(c) 409.967(2)(b). Except as provided in this
 1998  section, managed care plans may limit the providers in their
 1999  networks based on credentials, quality indicators, and price.
 2000         (a) Plans must include all providers in the region that are
 2001  classified by the agency as essential Medicaid providers, unless
 2002  the agency approves, in writing, an alternative arrangement for
 2003  securing the types of services offered by the essential
 2004  providers. Providers are essential for serving Medicaid
 2005  enrollees if they offer services that are not available from any
 2006  other provider within a reasonable access standard, or if they
 2007  provided a substantial share of the total units of a particular
 2008  service used by Medicaid patients within the region during the
 2009  last 3 years and the combined capacity of other service
 2010  providers in the region is insufficient to meet the total needs
 2011  of the Medicaid patients. The agency may not classify physicians
 2012  and other practitioners as essential providers. The agency, at a
 2013  minimum, shall determine which providers in the following
 2014  categories are essential Medicaid providers:
 2015         1. Federally qualified health centers.
 2016         2. Statutory teaching hospitals as defined in s.
 2017  408.07(45).
 2018         3. Hospitals that are trauma centers as defined in s.
 2019  395.4001(14).
 2020         4. Hospitals located at least 25 miles from any other
 2021  hospital with similar services.
 2022  
 2023  Managed care plans that have not contracted with all essential
 2024  providers in the region as of the first date of recipient
 2025  enrollment, or with whom an essential provider has terminated
 2026  its contract, must negotiate in good faith with such essential
 2027  providers for 1 year or until an agreement is reached, whichever
 2028  is first. Payments for services rendered by a nonparticipating
 2029  essential provider shall be made at the applicable Medicaid rate
 2030  as of the first day of the contract between the agency and the
 2031  plan. A rate schedule for all essential providers shall be
 2032  attached to the contract between the agency and the plan. After
 2033  1 year, managed care plans that are unable to contract with
 2034  essential providers shall notify the agency and propose an
 2035  alternative arrangement for securing the essential services for
 2036  Medicaid enrollees. The arrangement must rely on contracts with
 2037  other participating providers, regardless of whether those
 2038  providers are located within the same region as the
 2039  nonparticipating essential service provider. If the alternative
 2040  arrangement is approved by the agency, payments to
 2041  nonparticipating essential providers after the date of the
 2042  agency’s approval shall equal 90 percent of the applicable
 2043  Medicaid rate. If the alternative arrangement is not approved by
 2044  the agency, payment to nonparticipating essential providers
 2045  shall equal 110 percent of the applicable Medicaid rate.
 2046         (b) Certain providers are statewide resources and essential
 2047  providers for all managed care plans in all regions. All managed
 2048  care plans must include these essential providers in their
 2049  networks. Statewide essential providers include:
 2050         1. Faculty plans of Florida medical schools.
 2051         2. Regional perinatal intensive care centers as defined in
 2052  s. 383.16(2).
 2053         3. Hospitals licensed as specialty children’s hospitals as
 2054  defined in s. 395.002(28).
 2055         4. Accredited and integrated systems serving medically
 2056  complex children that are comprised of separately licensed, but
 2057  commonly owned, health care providers delivering at least the
 2058  following services: medical group home, in-home and outpatient
 2059  nursing care and therapies, pharmacy services, durable medical
 2060  equipment, and Prescribed Pediatric Extended Care.
 2061  
 2062  Managed care plans that have not contracted with all statewide
 2063  essential providers in all regions as of the first date of
 2064  recipient enrollment must continue to negotiate in good faith.
 2065  Payments to physicians on the faculty of nonparticipating
 2066  Florida medical schools shall be made at the applicable Medicaid
 2067  rate. Payments for services rendered by regional perinatal
 2068  intensive care centers shall be made at the applicable Medicaid
 2069  rate as of the first day of the contract between the agency and
 2070  the plan. Payments to nonparticipating specialty children’s
 2071  hospitals shall equal the highest rate established by contract
 2072  between that provider and any other Medicaid managed care plan.
 2073         (c) After 12 months of active participation in a plan’s
 2074  network, the plan may exclude any essential provider from the
 2075  network for failure to meet quality or performance criteria. If
 2076  the plan excludes an essential provider from the plan, the plan
 2077  must provide written notice to all recipients who have chosen
 2078  that provider for care. The notice shall be provided at least 30
 2079  days before the effective date of the exclusion.
 2080         (d) Each managed care plan must offer a network contract to
 2081  each home medical equipment and supplies provider in the region
 2082  which meets quality and fraud prevention and detection standards
 2083  established by the plan and which agrees to accept the lowest
 2084  price previously negotiated between the plan and another such
 2085  provider.
 2086         Reviser’s note.—Amended to substitute a reference to s.
 2087         409.967(2)(c) for a reference to s. 409.967(2)(b). Section
 2088         409.967(2)(c) establishes standards for access to care.
 2089         Section 409.067(2)(b) references emergency services.
 2090         Section 55. Paragraph (b) of subsection (4) of section
 2091  409.983, Florida Statutes, is amended to read:
 2092         409.983 Long-term care managed care plan payment.—In
 2093  addition to the payment provisions of s. 409.968, the agency
 2094  shall provide payment to plans in the long-term care managed
 2095  care program pursuant to this section.
 2096         (4) The initial assessment of an enrollee’s level of care
 2097  shall be made by the Comprehensive Assessment and Review for
 2098  Long-Term-Care Services (CARES) program, which shall assign the
 2099  recipient into one of the following levels of care:
 2100         (b) Level of care 2 consists of recipients at imminent risk
 2101  of nursing home placement, as evidenced by the need for the
 2102  constant availability of routine medical and nursing treatment
 2103  and care, and who require extensive health-related care and
 2104  services because of mental or physical incapacitation.
 2105  
 2106  The agency shall periodically adjust payment rates to account
 2107  for changes in the level of care profile for each managed care
 2108  plan based on encounter data.
 2109         Reviser’s note.—Amended to confirm editorial insertion of the
 2110         word “who.”
 2111         Section 56. Subsection (3) of section 409.984, Florida
 2112  Statutes, is amended to read:
 2113         409.984 Enrollment in a long-term care managed care plan.—
 2114         (3) Notwithstanding s. 409.969(2) 409.969(3)(c), if a
 2115  recipient is referred for hospice services, the recipient has 30
 2116  days during which the recipient may select to enroll in another
 2117  managed care plan to access the hospice provider of the
 2118  recipient’s choice.
 2119         Reviser’s note.—Amended to substitute a reference to s.
 2120         409.969(2) for a reference to s. 409.969(3)(c). Section
 2121         409.969(2) references a 90-day period during which a
 2122         Medicaid recipient may disenroll and select another plan.
 2123         Section 409.969(3)(c) does not exist.
 2124         Section 57. Paragraph (b) of subsection (3) of section
 2125  409.985, Florida Statutes, is amended to read:
 2126         409.985 Comprehensive Assessment and Review for Long-Term
 2127  Care Services (CARES) Program.—
 2128         (3) The CARES program shall determine if an individual
 2129  requires nursing facility care and, if the individual requires
 2130  such care, assign the individual to a level of care as described
 2131  in s. 409.983(4). When determining the need for nursing facility
 2132  care, consideration shall be given to the nature of the services
 2133  prescribed and which level of nursing or other health care
 2134  personnel meets the qualifications necessary to provide such
 2135  services and the availability to and access by the individual of
 2136  community or alternative resources. For the purposes of the
 2137  long-term care managed care program, the term “nursing facility
 2138  care” means the individual:
 2139         (b) Requires or is at imminent risk of nursing home
 2140  placement as evidenced by the need for observation throughout a
 2141  24-hour period and care and the constant availability of medical
 2142  and nursing treatment and requires services on a daily or
 2143  intermittent basis that are to be performed under the
 2144  supervision of licensed nursing or other health professionals
 2145  because the individual who is incapacitated mentally or
 2146  physically; or
 2147         Reviser’s note.—Amended to confirm editorial deletion of the
 2148         word “who.”
 2149         Section 58. Subsection (1) of section 420.602, Florida
 2150  Statutes, is amended to read:
 2151         420.602 Definitions.—As used in this part, the following
 2152  terms shall have the following meanings, unless the context
 2153  otherwise requires:
 2154         (1) “Adjusted for family size” means adjusted in a manner
 2155  which results in an income eligibility level which is lower for
 2156  households with fewer than four people, or higher for households
 2157  with more than four people, than the base income eligibility
 2158  level determined as provided in subsection (9) (8), subsection
 2159  (10) (9), or subsection (12), based upon a formula as
 2160  established by rule of the corporation.
 2161         Reviser’s note.—Amended to conform to the redesignation of
 2162         subsections (8) and (9) as subsections (9) and (10) by s.
 2163         333, ch. 2011-142, Laws of Florida.
 2164         Section 59. Paragraph (g) of subsection (1) of section
 2165  427.012, Florida Statutes, is amended to read:
 2166         427.012 The Commission for the Transportation
 2167  Disadvantaged.—There is created the Commission for the
 2168  Transportation Disadvantaged in the Department of
 2169  Transportation.
 2170         (1) The commission shall consist of seven members, all of
 2171  whom shall be appointed by the Governor, in accordance with the
 2172  requirements of s. 20.052.
 2173         (g) The Secretary of Transportation, the Secretary of
 2174  Children and Family Services, the executive director of the
 2175  Department of Economic Opportunity, the executive director of
 2176  the Department of Veterans’ Affairs, the Secretary of Elderly
 2177  Affairs, the Secretary of Health Care Administration, the
 2178  director of the Agency for Persons with Disabilities, and a
 2179  county manager or administrator who is appointed by the
 2180  Governor, or a senior management level representative of each,
 2181  shall serve as ex officio, nonvoting advisors to the commission.
 2182         Reviser’s note.—Amended to confirm editorial insertion of the
 2183         words “the Department of” to conform to the complete name
 2184         of the department.
 2185         Section 60. Paragraph (b) of subsection (2) of section
 2186  440.45, Florida Statutes, is amended to read:
 2187         440.45 Office of the Judges of Compensation Claims.—
 2188         (2)
 2189         (b) Except as provided in paragraph (c), the Governor shall
 2190  appoint a judge of compensation claims from a list of three
 2191  persons nominated by a statewide nominating commission. The
 2192  statewide nominating commission shall be composed of the
 2193  following:
 2194         1. Five members, at least one of whom must be a member of a
 2195  minority group as defined in s. 288.703, one of each who resides
 2196  in each of the territorial jurisdictions of the district courts
 2197  of appeal, appointed by the Board of Governors of The Florida
 2198  Bar from among The Florida Bar members who are engaged in the
 2199  practice of law. On July 1, 1999, the term of office of each
 2200  person appointed by the Board of Governors of The Florida Bar to
 2201  the commission expires. The Board of Governors shall appoint
 2202  members who reside in the odd-numbered district court of appeal
 2203  jurisdictions to 4-year terms each, beginning July 1, 1999, and
 2204  members who reside in the even-numbered district court of appeal
 2205  jurisdictions to 2-year terms each, beginning July 1, 1999.
 2206  Thereafter, each member shall be appointed for a 4-year term;
 2207         2. Five electors, at least one of whom must be a member of
 2208  a minority group as defined in s. 288.703, one of each who
 2209  resides in each of the territorial jurisdictions of the district
 2210  courts of appeal, appointed by the Governor. On July 1, 1999,
 2211  the term of office of each person appointed by the Governor to
 2212  the commission expires. The Governor shall appoint members who
 2213  reside in the odd-numbered district court of appeal
 2214  jurisdictions to 2-year terms each, beginning July 1, 1999, and
 2215  members who reside in the even-numbered district court of appeal
 2216  jurisdictions to 4-year terms each, beginning July 1, 1999.
 2217  Thereafter, each member shall be appointed for a 4-year term;
 2218  and
 2219         3. Five electors, at least one of whom must be a member of
 2220  a minority group as defined in s. 288.703, one of each who
 2221  resides in the territorial jurisdictions of the district courts
 2222  of appeal, selected and appointed by a majority vote of the
 2223  other 10 members of the commission. On October 1, 1999, the term
 2224  of office of each person appointed to the commission by its
 2225  other members expires. A majority of the other members of the
 2226  commission shall appoint members who reside in the odd-numbered
 2227  district court of appeal jurisdictions to 2-year terms each,
 2228  beginning October 1, 1999, and members who reside in the even
 2229  numbered district court of appeal jurisdictions to 4-year terms
 2230  each, beginning October 1, 1999. Thereafter, each member shall
 2231  be appointed for a 4-year term.
 2232  
 2233  A vacancy occurring on the commission shall be filled by the
 2234  original appointing authority for the unexpired balance of the
 2235  term. No attorney who appears before any judge of compensation
 2236  claims more than four times a year is eligible to serve on the
 2237  statewide nominating commission. The meetings and determinations
 2238  of the nominating commission as to the judges of compensation
 2239  claims shall be open to the public.
 2240         Reviser’s note.—Amended to delete obsolete provisions.
 2241         Section 61. Subsection (26) of section 443.036, Florida
 2242  Statutes, is amended to read:
 2243         443.036 Definitions.—As used in this chapter, the term:
 2244         (26) “Initial skills review” means an online education or
 2245  training program, such as that established under s. 445.06
 2246  1004.99, that is approved by the Agency for Workforce Innovation
 2247  and designed to measure an individual’s mastery level of
 2248  workplace skills.
 2249         Reviser’s note.—Amended to conform to the transfer of s. 1004.99
 2250         to s. 445.06 by s. 476, ch. 2011-142, Laws of Florida.
 2251         Section 62. Paragraph (f) of subsection (13) of section
 2252  443.1216, Florida Statutes, is amended to read:
 2253         443.1216 Employment.—Employment, as defined in s. 443.036,
 2254  is subject to this chapter under the following conditions:
 2255         (13) The following are exempt from coverage under this
 2256  chapter:
 2257         (f) Service performed in the employ of a public employer as
 2258  defined in s. 443.036, except as provided in subsection (2), and
 2259  service performed in the employ of an instrumentality of a
 2260  public employer as described in s. 443.036(36)(b) or (c)
 2261  443.036(35)(b) or (c), to the extent that the instrumentality is
 2262  immune under the United States Constitution from the tax imposed
 2263  by s. 3301 of the Internal Revenue Code for that service.
 2264         Reviser’s note.—Amended to conform to the redesignation of
 2265         subunits within s. 443.036 by s. 3, ch. 2011-235, Laws of
 2266         Florida.
 2267         Section 63. Paragraph (d) of subsection (1) of section
 2268  468.841, Florida Statutes, is amended to read:
 2269         468.841 Exemptions.—
 2270         (1) The following persons are not required to comply with
 2271  any provisions of this part relating to mold assessment:
 2272         (d) Persons or business organizations acting within the
 2273  scope of the respective licenses required under part XV of this
 2274  chapter, chapter 471, part I of chapter 481, chapter 482, or
 2275  chapter 489 or part XV of this chapter are acting on behalf of
 2276  an insurer under part VI of chapter 626, or are persons in the
 2277  manufactured housing industry who are licensed under chapter
 2278  320, except when any such persons or business organizations hold
 2279  themselves out for hire to the public as a “certified mold
 2280  assessor,” “registered mold assessor,” “licensed mold assessor,”
 2281  “mold assessor,” “professional mold assessor,” or any
 2282  combination thereof stating or implying licensure under this
 2283  part.
 2284         Reviser’s note.—Amended to confirm editorial deletion of the
 2285         words “or part XV of this chapter” to eliminate redundancy.
 2286         Section 64. Paragraph (a) of subsection (5) of section
 2287  474.203, Florida Statutes, is amended to read:
 2288         474.203 Exemptions.—This chapter does not apply to:
 2289         (5)(a) Any person, or the person’s regular employee,
 2290  administering to the ills or injuries of her or his own animals,
 2291  including, but not limited to, castration, spaying, and
 2292  dehorning of herd animals, unless title is transferred or
 2293  employment provided for the purpose of circumventing this law.
 2294  This exemption does not apply to any person licensed as a
 2295  veterinarian in another state or foreign jurisdiction and is
 2296  practicing temporarily in this state. However, only a
 2297  veterinarian may immunize or treat an animal for diseases that
 2298  are communicable to humans and that are of public health
 2299  significance.
 2300  
 2301  For the purposes of chapters 465 and 893, persons exempt
 2302  pursuant to subsection (1), subsection (2), or subsection (4)
 2303  are deemed to be duly licensed practitioners authorized by the
 2304  laws of this state to prescribe drugs or medicinal supplies.
 2305         Reviser’s note.—Amended to confirm editorial deletion of the
 2306         word “is.”
 2307         Section 65. Subsection (1) of section 474.2125, Florida
 2308  Statutes, is amended to read:
 2309         474.2125 Temporary license.—
 2310         (1) The board shall adopt rules providing for the issuance
 2311  of a temporary license to a licensed veterinarian of another
 2312  state for the purpose of enabling her or him to provide
 2313  veterinary medical services in this state for the animals of a
 2314  specific owner or, as may be needed in an emergency as defined
 2315  in s. 252.34(3) 252.34(2), for the animals of multiple owners,
 2316  provided the applicant would qualify for licensure by
 2317  endorsement under s. 474.217. No temporary license shall be
 2318  valid for more than 30 days after its issuance, and no license
 2319  shall cover more than the treatment of the animals of one owner
 2320  except in an emergency as defined in s. 252.34(3) 252.34(2).
 2321  After the expiration of 30 days, a new license is required.
 2322         Reviser’s note.—Amended to conform to the correct location of
 2323         the definition of the word “emergency.”
 2324         Section 66. Subsection (3) of section 493.6402, Florida
 2325  Statutes, is amended to read:
 2326         493.6402 Fees.—
 2327         (3) The fees set forth in this section must be paid by
 2328  check or money order, or, at the discretion of the department,
 2329  by or electronic funds transfer at the time the application is
 2330  approved, except that the applicant for a Class “E,” Class “EE,”
 2331  or Class “MR” license must pay the license fee at the time the
 2332  application is made. If a license is revoked or denied, or if an
 2333  application is withdrawn, the license fee is nonrefundable.
 2334         Reviser’s note.—Amended to confirm editorial deletion of the
 2335         word “or.”
 2336         Section 67. Paragraph (o) of subsection (8) of section
 2337  499.012, Florida Statutes, is amended to read:
 2338         499.012 Permit application requirements.—
 2339         (8) An application for a permit or to renew a permit for a
 2340  prescription drug wholesale distributor or an out-of-state
 2341  prescription drug wholesale distributor submitted to the
 2342  department must include:
 2343         (o) Documentation of the credentialing policies and
 2344  procedures required by s. 499.0121(15) 499.0121(14).
 2345         Reviser’s note.—Amended to correct an apparent error. Section
 2346         499.0121(15) references credentialing. Section 499.0121(14)
 2347         references distribution reporting.
 2348         Section 68. Subsection (2) of section 514.0315, Florida
 2349  Statutes, is amended to read:
 2350         514.0315 Required safety features for public swimming pools
 2351  and spas.—
 2352         (2) A public swimming pool or spa built before January 1,
 2353  1993, with a single main drain other than an unblockable drain
 2354  must be equipped with at least one of the following features
 2355  that complies with any American Society of Mechanical Engineers,
 2356  American National Standards Institute, American Society Standard
 2357  for Testing and Materials, or other applicable consumer product
 2358  safety standard for such system or device and protects against
 2359  evisceration and body-and-limb suction entrapment:
 2360         (a) A safety vacuum release system that ceases operation of
 2361  the pump, reverses the circulation flow, or otherwise provides a
 2362  vacuum release at a suction outlet when a blockage is detected
 2363  and that has been tested by an independent third party and found
 2364  to conform to American Society of Mechanical Engineers/American
 2365  National Standards Institute standard A112.19.17, American
 2366  Society Standard for Testing and Materials standard 26 F2387, or
 2367  any successor standard.
 2368         (b) A suction-limiting vent system with a tamper-resistant
 2369  atmospheric opening.
 2370         (c) A gravity drainage system that uses a collector tank.
 2371         (d) An automatic pump shut-off system.
 2372         (e) A device or system that disables the drain.
 2373         Reviser’s note.—The introductory paragraph of subsection (2) and
 2374         paragraph (2)(a) are amended to confirm editorial
 2375         substitution of the word “Society” for the word “Standard”
 2376         to conform to the correct name of the society. Paragraph
 2377         (2)(a) is also amended to confirm editorial deletion of the
 2378         number “26” to conform to the fact that there is no
 2379         standard 26 F2387, only a standard F2387.
 2380         Section 69. Section 514.072, Florida Statutes, is amended
 2381  to read:
 2382         514.072 Certification of swimming instructors for people
 2383  who have developmental disabilities required.—Any person working
 2384  at a swimming pool who holds himself or herself out as a
 2385  swimming instructor specializing in training people who have
 2386  developmental disabilities, as defined in s. 393.063(9)
 2387  393.063(10), may be certified by the Dan Marino Foundation,
 2388  Inc., in addition to being certified under s. 514.071. The Dan
 2389  Marino Foundation, Inc., must develop certification requirements
 2390  and a training curriculum for swimming instructors for people
 2391  who have developmental disabilities and must submit the
 2392  certification requirements to the Department of Health for
 2393  review by January 1, 2007. A person certified under s. 514.071
 2394  before July 1, 2007, must meet the additional certification
 2395  requirements of this section before January 1, 2008. A person
 2396  certified under s. 514.071 on or after July 1, 2007, must meet
 2397  the additional certification requirements of this section within
 2398  6 months after receiving certification under s. 514.071.
 2399         Reviser’s note.—Amended to correct an apparent error and
 2400         facilitate correct interpretation. “Developmental
 2401         disabilities center” is defined in s. 393.063(10);
 2402         “developmental disability” is defined in s. 393.063(9).                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
 2403         Section 70. Section 526.207, Florida Statutes, is amended
 2404  to read:
 2405         526.207 Studies and reports.—
 2406         (1) The Department of Agriculture and Consumer Services
 2407  shall conduct a study to evaluate and recommend the life-cycle
 2408  greenhouse gas emissions associated with all renewable fuels,
 2409  including, but not limited to, biodiesel, renewable diesel,
 2410  biobutanol, and ethanol derived from any source. In addition,
 2411  the department shall evaluate and recommend a requirement that
 2412  all renewable fuels introduced into commerce in the state, as a
 2413  result of the renewable fuel standard, shall reduce the life
 2414  cycle greenhouse gas emissions by an average percentage. The
 2415  department may also evaluate and recommend any benefits
 2416  associated with the creation, banking, transfer, and sale of
 2417  credits among fuel refiners, blenders, and importers.
 2418         (2) The Department of Agriculture and Consumer Services
 2419  shall submit a report containing specific recommendations to the
 2420  President of the Senate and the Speaker of the House of
 2421  Representatives no later than December 31, 2010.
 2422         Reviser’s note.—Amended to delete a provision that has served
 2423         its purpose.
 2424         Section 71. Subsection (1) of section 538.09, Florida
 2425  Statutes, is amended to read:
 2426         538.09 Registration.—
 2427         (1) A secondhand dealer shall not engage in the business of
 2428  purchasing, consigning, or trading secondhand goods from any
 2429  location without registering with the Department of Revenue. A
 2430  fee equal to the federal and state costs for processing required
 2431  fingerprints must be submitted to the department with each
 2432  application for registration. One application is required for
 2433  each dealer. If a secondhand dealer is the owner of more than
 2434  one secondhand store location, the application must list each
 2435  location, and the department shall issue a duplicate
 2436  registration for each location. For purposes of subsections (4)
 2437  and (5) of this section, these duplicate registrations shall be
 2438  deemed individual registrations. A dealer shall pay a fee of $6
 2439  per location at the time of registration and an annual renewal
 2440  fee of $6 per location on October 1 of each year. All fees
 2441  collected, less costs of administration, shall be transferred
 2442  into the Operating Operations Trust Fund. The Department of
 2443  Revenue shall forward the full set of fingerprints to the
 2444  Department of Law Enforcement for state and federal processing,
 2445  provided the federal service is available, to be processed for
 2446  any criminal justice information as defined in s. 943.045. The
 2447  cost of processing such fingerprints shall be payable to the
 2448  Department of Law Enforcement by the Department of Revenue. The
 2449  department may issue a temporary registration to each location
 2450  pending completion of the background check by state and federal
 2451  law enforcement agencies, but shall revoke such temporary
 2452  registration if the completed background check reveals a
 2453  prohibited criminal background. An applicant for a secondhand
 2454  dealer registration must be a natural person who has reached the
 2455  age of 18 years.
 2456         (a) If the applicant is a partnership, all the partners
 2457  must apply.
 2458         (b) If the applicant is a joint venture, association, or
 2459  other noncorporate entity, all members of such joint venture,
 2460  association, or other noncorporate entity must make application
 2461  for registration as natural persons.
 2462         (c) If the applicant is a corporation, the registration
 2463  must include the name and address of such corporation’s
 2464  registered agent for service of process in the state and a
 2465  certified copy of statement from the Secretary of State that the
 2466  corporation is duly organized in the state or, if the
 2467  corporation is organized in a state other than Florida, a
 2468  certified copy of statement from the Secretary of State that the
 2469  corporation is duly qualified to do business in this state. If
 2470  the dealer has more than one location, the application must list
 2471  each location owned by the same legal entity and the department
 2472  shall issue a duplicate registration for each location.
 2473         Reviser’s note.—Amended to confirm editorial substitution of the
 2474         word “Operating” for the word “Operations” to conform to
 2475         the renaming of the trust fund by s. 1, ch. 2011-28, Laws
 2476         of Florida.
 2477         Section 72. Paragraph (a) of subsection (1) of section
 2478  538.25, Florida Statutes, is amended to read:
 2479         538.25 Registration.—
 2480         (1) No person shall engage in business as a secondary
 2481  metals recycler at any location without registering with the
 2482  department.
 2483         (a) A fee equal to the federal and state costs for
 2484  processing required fingerprints must be submitted to the
 2485  department with each application for registration. One
 2486  application is required for each secondary metals recycler. If a
 2487  secondary metals recycler is the owner of more than one
 2488  secondary metals recycling location, the application must list
 2489  each location, and the department shall issue a duplicate
 2490  registration for each location. For purposes of subsections (3),
 2491  (4), and (5), these duplicate registrations shall be deemed
 2492  individual registrations. A secondary metals recycler shall pay
 2493  a fee of $6 per location at the time of registration and an
 2494  annual renewal fee of $6 per location on October 1 of each year.
 2495  All fees collected, less costs of administration, shall be
 2496  transferred into the Operating Operations Trust Fund.
 2497         Reviser’s note.—Amended to confirm editorial substitution of the
 2498         word “Operating” for the word “Operations” to conform to
 2499         the renaming of the trust fund by s. 1, ch. 2011-28, Laws
 2500         of Florida.
 2501         Section 73. Paragraph (a) of subsection (5) and subsection
 2502  (11) of section 553.79, Florida Statutes, are amended to read:
 2503         553.79 Permits; applications; issuance; inspections.—
 2504         (5)(a) The enforcing agency shall require a special
 2505  inspector to perform structural inspections on a threshold
 2506  building pursuant to a structural inspection plan prepared by
 2507  the engineer or architect of record. The structural inspection
 2508  plan must be submitted to and approved by the enforcing agency
 2509  prior to the issuance of a building permit for the construction
 2510  of a threshold building. The purpose of the structural
 2511  inspection plan is to provide specific inspection procedures and
 2512  schedules so that the building can be adequately inspected for
 2513  compliance with the permitted documents. The special inspector
 2514  may not serve as a surrogate in carrying out the
 2515  responsibilities of the building official, the architect, or the
 2516  engineer of record. The contractor’s contractual or statutory
 2517  obligations are not relieved by any action of the special
 2518  inspector. The special inspector shall determine that a
 2519  professional engineer who specializes in shoring design has
 2520  inspected the shoring and reshoring for conformance with the
 2521  shoring and reshoring plans submitted to the enforcing agency. A
 2522  fee simple title owner of a building, which does not meet the
 2523  minimum size, height, occupancy, occupancy classification, or
 2524  number-of-stories criteria which would result in classification
 2525  as a threshold building under s. 553.71(11) 553.71(7), may
 2526  designate such building as a threshold building, subject to more
 2527  than the minimum number of inspections required by the Florida
 2528  Building Code.
 2529         (11) Nothing in this section shall be construed to alter or
 2530  supplement the provisions of part I IV of this chapter relating
 2531  to manufactured buildings.
 2532         Reviser’s note.—Paragraph (5)(a) is amended to conform to the
 2533         redesignation of s. 553.71(7) as s. 553.71(11) by s. 413,
 2534         ch. 2011-142, Laws of Florida. Subsection (11) is amended
 2535         to conform to context; part I of chapter 553 relates to
 2536         manufactured buildings; part IV relates to the Florida
 2537         Building Code.
 2538         Section 74. Section 590.33, Florida Statutes, is amended to
 2539  read:
 2540         590.33 State compact administrator; compact advisory
 2541  committee.—In pursuance of art. III of the compact, the director
 2542  of the division shall act as compact administrator for Florida
 2543  of the Southeastern Interstate Forest Fire Protection Compact
 2544  during his or her term of office as director, and his or her
 2545  successor as compact administrator shall be his or her successor
 2546  as director of the division. As compact administrator, he or she
 2547  shall be an ex officio member of the advisory committee of the
 2548  Southeastern Interstate Forest Fire Protection Compact, and
 2549  chair ex officio of the Florida members of the advisory
 2550  committee. There shall be four members of the Southeastern
 2551  Interstate Forest Fire Protection Compact Advisory Committee
 2552  from Florida. Two of the members from Florida shall be members
 2553  of the Legislature of Florida, one from the Senate designated by
 2554  the President of the Senate and one from the House of
 2555  Representatives designated by the Speaker of the House of
 2556  Representatives, and the terms of any such members shall
 2557  terminate at the time they cease to hold legislative office, and
 2558  their successors as members shall be named in like manner. The
 2559  Governor shall appoint the other two members from Florida, one
 2560  of whom shall be associated with forestry or forest products
 2561  industries. The terms of such members shall be 3 years and such
 2562  members shall hold office until their respective successors
 2563  shall be appointed and qualified. Vacancies occurring in the
 2564  office of such members from any reason or cause shall be filled
 2565  by appointment by the Governor for the unexpired term. The
 2566  director of the division as compact administrator for Florida
 2567  may delegate, from time to time, to any deputy or other
 2568  subordinate in his or her department or office, the power to be
 2569  present and participate, including voting as his or her
 2570  representative or substitute at any meeting of or hearing by or
 2571  other proceeding of the compact administrators or of the
 2572  advisory committee. The terms of each of the initial four
 2573  memberships, whether appointed at said time or not, shall begin
 2574  upon the date upon which the compact shall become effective in
 2575  accordance with art. II of said compact. Any member of the
 2576  advisory committee may be removed from office by the Governor
 2577  upon charges and after a hearing.
 2578         Reviser’s note.—Amended to confirm editorial insertion of the
 2579         words “of Representatives.”
 2580         Section 75. Paragraph (a) of subsection (2) of section
 2581  604.50, Florida Statutes, is amended to read:
 2582         604.50 Nonresidential farm buildings and farm fences.—
 2583         (2) As used in this section, the term:
 2584         (a) “Nonresidential farm building” means any temporary or
 2585  permanent building or support structure that is classified as a
 2586  nonresidential farm building on a farm under s. 553.73(10)(c)
 2587  553.73(9)(c) or that is used primarily for agricultural
 2588  purposes, is located on land that is an integral part of a farm
 2589  operation or is classified as agricultural land under s.
 2590  193.461, and is not intended to be used as a residential
 2591  dwelling. The term may include, but is not limited to, a barn,
 2592  greenhouse, shade house, farm office, storage building, or
 2593  poultry house.
 2594         Reviser’s note.—Amended to conform to the redesignation of s.
 2595         553.73(9)(c) as s. 553.73(10)(c) by s. 32, ch. 2010-176,
 2596         Laws of Florida.
 2597         Section 76. Subsection (4) of section 627.0628, Florida
 2598  Statutes, is amended to read:
 2599         627.0628 Florida Commission on Hurricane Loss Projection
 2600  Methodology; public records exemption; public meetings
 2601  exemption.—
 2602         (4) REVIEW OF DISCOUNTS, CREDITS, OTHER RATE DIFFERENTIALS,
 2603  AND REDUCTIONS IN DEDUCTIBLES RELATING TO WINDSTORM MITIGATION.
 2604  The commission shall hold public meetings for the purpose of
 2605  receiving testimony and data regarding the implementation of
 2606  windstorm mitigation discounts, credits, other rate
 2607  differentials, and appropriate reductions in deductibles
 2608  pursuant to s. 627.0629. After reviewing the testimony and data
 2609  as well as any other information the commission deems
 2610  appropriate, the commission shall present a report by February
 2611  1, 2010, to the Governor, the Cabinet, the President of the
 2612  Senate, and the Speaker of the House of Representatives,
 2613  including recommendations on improving the process of assessing,
 2614  determining, and applying windstorm mitigation discounts,
 2615  credits, other rate differentials, and appropriate reductions in
 2616  deductibles pursuant to s. 627.0629.
 2617         Reviser’s note.—Amended to delete a provision that has served
 2618         its purpose.
 2619         Section 77. Paragraph (b) of subsection (2) and paragraphs
 2620  (b), (c), (q), and (v) of subsection (6) of section 627.351,
 2621  Florida Statutes, are amended to read:
 2622         627.351 Insurance risk apportionment plans.—
 2623         (2) WINDSTORM INSURANCE RISK APPORTIONMENT.—
 2624         (b) The department shall require all insurers holding a
 2625  certificate of authority to transact property insurance on a
 2626  direct basis in this state, other than joint underwriting
 2627  associations and other entities formed pursuant to this section,
 2628  to provide windstorm coverage to applicants from areas
 2629  determined to be eligible pursuant to paragraph (c) who in good
 2630  faith are entitled to, but are unable to procure, such coverage
 2631  through ordinary means; or it shall adopt a reasonable plan or
 2632  plans for the equitable apportionment or sharing among such
 2633  insurers of windstorm coverage, which may include formation of
 2634  an association for this purpose. As used in this subsection, the
 2635  term “property insurance” means insurance on real or personal
 2636  property, as defined in s. 624.604, including insurance for
 2637  fire, industrial fire, allied lines, farmowners multiperil,
 2638  homeowners’ multiperil, commercial multiperil, and mobile homes,
 2639  and including liability coverages on all such insurance, but
 2640  excluding inland marine as defined in s. 624.607(3) and
 2641  excluding vehicle insurance as defined in s. 624.605(1)(a) other
 2642  than insurance on mobile homes used as permanent dwellings. The
 2643  department shall adopt rules that provide a formula for the
 2644  recovery and repayment of any deferred assessments.
 2645         1. For the purpose of this section, properties eligible for
 2646  such windstorm coverage are defined as dwellings, buildings, and
 2647  other structures, including mobile homes which are used as
 2648  dwellings and which are tied down in compliance with mobile home
 2649  tie-down requirements prescribed by the Department of Highway
 2650  Safety and Motor Vehicles pursuant to s. 320.8325, and the
 2651  contents of all such properties. An applicant or policyholder is
 2652  eligible for coverage only if an offer of coverage cannot be
 2653  obtained by or for the applicant or policyholder from an
 2654  admitted insurer at approved rates.
 2655         2.a.(I) All insurers required to be members of such
 2656  association shall participate in its writings, expenses, and
 2657  losses. Surplus of the association shall be retained for the
 2658  payment of claims and shall not be distributed to the member
 2659  insurers. Such participation by member insurers shall be in the
 2660  proportion that the net direct premiums of each member insurer
 2661  written for property insurance in this state during the
 2662  preceding calendar year bear to the aggregate net direct
 2663  premiums for property insurance of all member insurers, as
 2664  reduced by any credits for voluntary writings, in this state
 2665  during the preceding calendar year. For the purposes of this
 2666  subsection, the term “net direct premiums” means direct written
 2667  premiums for property insurance, reduced by premium for
 2668  liability coverage and for the following if included in allied
 2669  lines: rain and hail on growing crops; livestock; association
 2670  direct premiums booked; National Flood Insurance Program direct
 2671  premiums; and similar deductions specifically authorized by the
 2672  plan of operation and approved by the department. A member’s
 2673  participation shall begin on the first day of the calendar year
 2674  following the year in which it is issued a certificate of
 2675  authority to transact property insurance in the state and shall
 2676  terminate 1 year after the end of the calendar year during which
 2677  it no longer holds a certificate of authority to transact
 2678  property insurance in the state. The commissioner, after review
 2679  of annual statements, other reports, and any other statistics
 2680  that the commissioner deems necessary, shall certify to the
 2681  association the aggregate direct premiums written for property
 2682  insurance in this state by all member insurers.
 2683         (II) Effective July 1, 2002, the association shall operate
 2684  subject to the supervision and approval of a board of governors
 2685  who are the same individuals that have been appointed by the
 2686  Treasurer to serve on the board of governors of the Citizens
 2687  Property Insurance Corporation.
 2688         (III) The plan of operation shall provide a formula whereby
 2689  a company voluntarily providing windstorm coverage in affected
 2690  areas will be relieved wholly or partially from apportionment of
 2691  a regular assessment pursuant to sub-sub-subparagraph d.(I) or
 2692  sub-sub-subparagraph d.(II).
 2693         (IV) A company which is a member of a group of companies
 2694  under common management may elect to have its credits applied on
 2695  a group basis, and any company or group may elect to have its
 2696  credits applied to any other company or group.
 2697         (V) There shall be no credits or relief from apportionment
 2698  to a company for emergency assessments collected from its
 2699  policyholders under sub-sub-subparagraph d.(III).
 2700         (VI) The plan of operation may also provide for the award
 2701  of credits, for a period not to exceed 3 years, from a regular
 2702  assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub
 2703  subparagraph d.(II) as an incentive for taking policies out of
 2704  the Residential Property and Casualty Joint Underwriting
 2705  Association. In order to qualify for the exemption under this
 2706  sub-sub-subparagraph, the take-out plan must provide that at
 2707  least 40 percent of the policies removed from the Residential
 2708  Property and Casualty Joint Underwriting Association cover risks
 2709  located in Miami-Dade, Broward, and Palm Beach Counties or at
 2710  least 30 percent of the policies so removed cover risks located
 2711  in Miami-Dade, Broward, and Palm Beach Counties and an
 2712  additional 50 percent of the policies so removed cover risks
 2713  located in other coastal counties, and must also provide that no
 2714  more than 15 percent of the policies so removed may exclude
 2715  windstorm coverage. With the approval of the department, the
 2716  association may waive these geographic criteria for a take-out
 2717  plan that removes at least the lesser of 100,000 Residential
 2718  Property and Casualty Joint Underwriting Association policies or
 2719  15 percent of the total number of Residential Property and
 2720  Casualty Joint Underwriting Association policies, provided the
 2721  governing board of the Residential Property and Casualty Joint
 2722  Underwriting Association certifies that the take-out plan will
 2723  materially reduce the Residential Property and Casualty Joint
 2724  Underwriting Association’s 100-year probable maximum loss from
 2725  hurricanes. With the approval of the department, the board may
 2726  extend such credits for an additional year if the insurer
 2727  guarantees an additional year of renewability for all policies
 2728  removed from the Residential Property and Casualty Joint
 2729  Underwriting Association, or for 2 additional years if the
 2730  insurer guarantees 2 additional years of renewability for all
 2731  policies removed from the Residential Property and Casualty
 2732  Joint Underwriting Association.
 2733         b. Assessments to pay deficits in the association under
 2734  this subparagraph shall be included as an appropriate factor in
 2735  the making of rates as provided in s. 627.3512.
 2736         c. The Legislature finds that the potential for unlimited
 2737  deficit assessments under this subparagraph may induce insurers
 2738  to attempt to reduce their writings in the voluntary market, and
 2739  that such actions would worsen the availability problems that
 2740  the association was created to remedy. It is the intent of the
 2741  Legislature that insurers remain fully responsible for paying
 2742  regular assessments and collecting emergency assessments for any
 2743  deficits of the association; however, it is also the intent of
 2744  the Legislature to provide a means by which assessment
 2745  liabilities may be amortized over a period of years.
 2746         d.(I) When the deficit incurred in a particular calendar
 2747  year is 10 percent or less of the aggregate statewide direct
 2748  written premium for property insurance for the prior calendar
 2749  year for all member insurers, the association shall levy an
 2750  assessment on member insurers in an amount equal to the deficit.
 2751         (II) When the deficit incurred in a particular calendar
 2752  year exceeds 10 percent of the aggregate statewide direct
 2753  written premium for property insurance for the prior calendar
 2754  year for all member insurers, the association shall levy an
 2755  assessment on member insurers in an amount equal to the greater
 2756  of 10 percent of the deficit or 10 percent of the aggregate
 2757  statewide direct written premium for property insurance for the
 2758  prior calendar year for member insurers. Any remaining deficit
 2759  shall be recovered through emergency assessments under sub-sub
 2760  subparagraph (III).
 2761         (III) Upon a determination by the board of directors that a
 2762  deficit exceeds the amount that will be recovered through
 2763  regular assessments on member insurers, pursuant to sub-sub
 2764  subparagraph (I) or sub-sub-subparagraph (II), the board shall
 2765  levy, after verification by the department, emergency
 2766  assessments to be collected by member insurers and by
 2767  underwriting associations created pursuant to this section which
 2768  write property insurance, upon issuance or renewal of property
 2769  insurance policies other than National Flood Insurance policies
 2770  in the year or years following levy of the regular assessments.
 2771  The amount of the emergency assessment collected in a particular
 2772  year shall be a uniform percentage of that year’s direct written
 2773  premium for property insurance for all member insurers and
 2774  underwriting associations, excluding National Flood Insurance
 2775  policy premiums, as annually determined by the board and
 2776  verified by the department. The department shall verify the
 2777  arithmetic calculations involved in the board’s determination
 2778  within 30 days after receipt of the information on which the
 2779  determination was based. Notwithstanding any other provision of
 2780  law, each member insurer and each underwriting association
 2781  created pursuant to this section shall collect emergency
 2782  assessments from its policyholders without such obligation being
 2783  affected by any credit, limitation, exemption, or deferment. The
 2784  emergency assessments so collected shall be transferred directly
 2785  to the association on a periodic basis as determined by the
 2786  association. The aggregate amount of emergency assessments
 2787  levied under this sub-sub-subparagraph in any calendar year may
 2788  not exceed the greater of 10 percent of the amount needed to
 2789  cover the original deficit, plus interest, fees, commissions,
 2790  required reserves, and other costs associated with financing of
 2791  the original deficit, or 10 percent of the aggregate statewide
 2792  direct written premium for property insurance written by member
 2793  insurers and underwriting associations for the prior year, plus
 2794  interest, fees, commissions, required reserves, and other costs
 2795  associated with financing the original deficit. The board may
 2796  pledge the proceeds of the emergency assessments under this sub
 2797  sub-subparagraph as the source of revenue for bonds, to retire
 2798  any other debt incurred as a result of the deficit or events
 2799  giving rise to the deficit, or in any other way that the board
 2800  determines will efficiently recover the deficit. The emergency
 2801  assessments under this sub-sub-subparagraph shall continue as
 2802  long as any bonds issued or other indebtedness incurred with
 2803  respect to a deficit for which the assessment was imposed remain
 2804  outstanding, unless adequate provision has been made for the
 2805  payment of such bonds or other indebtedness pursuant to the
 2806  document governing such bonds or other indebtedness. Emergency
 2807  assessments collected under this sub-sub-subparagraph are not
 2808  part of an insurer’s rates, are not premium, and are not subject
 2809  to premium tax, fees, or commissions; however, failure to pay
 2810  the emergency assessment shall be treated as failure to pay
 2811  premium.
 2812         (IV) Each member insurer’s share of the total regular
 2813  assessments under sub-sub-subparagraph (I) or sub-sub
 2814  subparagraph (II) shall be in the proportion that the insurer’s
 2815  net direct premium for property insurance in this state, for the
 2816  year preceding the assessment bears to the aggregate statewide
 2817  net direct premium for property insurance of all member
 2818  insurers, as reduced by any credits for voluntary writings for
 2819  that year.
 2820         (V) If regular deficit assessments are made under sub-sub
 2821  subparagraph (I) or sub-sub-subparagraph (II), or by the
 2822  Residential Property and Casualty Joint Underwriting Association
 2823  under sub-subparagraph (6)(b)3.a. or sub-subparagraph
 2824  (6)(b)3.b., the association shall levy upon the association’s
 2825  policyholders, as part of its next rate filing, or by a separate
 2826  rate filing solely for this purpose, a market equalization
 2827  surcharge in a percentage equal to the total amount of such
 2828  regular assessments divided by the aggregate statewide direct
 2829  written premium for property insurance for member insurers for
 2830  the prior calendar year. Market equalization surcharges under
 2831  this sub-sub-subparagraph are not considered premium and are not
 2832  subject to commissions, fees, or premium taxes; however, failure
 2833  to pay a market equalization surcharge shall be treated as
 2834  failure to pay premium.
 2835         e. The governing body of any unit of local government, any
 2836  residents of which are insured under the plan, may issue bonds
 2837  as defined in s. 125.013 or s. 166.101 to fund an assistance
 2838  program, in conjunction with the association, for the purpose of
 2839  defraying deficits of the association. In order to avoid
 2840  needless and indiscriminate proliferation, duplication, and
 2841  fragmentation of such assistance programs, any unit of local
 2842  government, any residents of which are insured by the
 2843  association, may provide for the payment of losses, regardless
 2844  of whether or not the losses occurred within or outside of the
 2845  territorial jurisdiction of the local government. Revenue bonds
 2846  may not be issued until validated pursuant to chapter 75, unless
 2847  a state of emergency is declared by executive order or
 2848  proclamation of the Governor pursuant to s. 252.36 making such
 2849  findings as are necessary to determine that it is in the best
 2850  interests of, and necessary for, the protection of the public
 2851  health, safety, and general welfare of residents of this state
 2852  and the protection and preservation of the economic stability of
 2853  insurers operating in this state, and declaring it an essential
 2854  public purpose to permit certain municipalities or counties to
 2855  issue bonds as will provide relief to claimants and
 2856  policyholders of the association and insurers responsible for
 2857  apportionment of plan losses. Any such unit of local government
 2858  may enter into such contracts with the association and with any
 2859  other entity created pursuant to this subsection as are
 2860  necessary to carry out this paragraph. Any bonds issued under
 2861  this sub-subparagraph shall be payable from and secured by
 2862  moneys received by the association from assessments under this
 2863  subparagraph, and assigned and pledged to or on behalf of the
 2864  unit of local government for the benefit of the holders of such
 2865  bonds. The funds, credit, property, and taxing power of the
 2866  state or of the unit of local government shall not be pledged
 2867  for the payment of such bonds. If any of the bonds remain unsold
 2868  60 days after issuance, the department shall require all
 2869  insurers subject to assessment to purchase the bonds, which
 2870  shall be treated as admitted assets; each insurer shall be
 2871  required to purchase that percentage of the unsold portion of
 2872  the bond issue that equals the insurer’s relative share of
 2873  assessment liability under this subsection. An insurer shall not
 2874  be required to purchase the bonds to the extent that the
 2875  department determines that the purchase would endanger or impair
 2876  the solvency of the insurer. The authority granted by this sub
 2877  subparagraph is additional to any bonding authority granted by
 2878  subparagraph 6.
 2879         3. The plan shall also provide that any member with a
 2880  surplus as to policyholders of $20 million or less writing 25
 2881  percent or more of its total countrywide property insurance
 2882  premiums in this state may petition the department, within the
 2883  first 90 days of each calendar year, to qualify as a limited
 2884  apportionment company. The apportionment of such a member
 2885  company in any calendar year for which it is qualified shall not
 2886  exceed its gross participation, which shall not be affected by
 2887  the formula for voluntary writings. In no event shall a limited
 2888  apportionment company be required to participate in any
 2889  apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
 2890  or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
 2891  $50 million after payment of available plan funds in any
 2892  calendar year. However, a limited apportionment company shall
 2893  collect from its policyholders any emergency assessment imposed
 2894  under sub-sub-subparagraph 2.d.(III). The plan shall provide
 2895  that, if the department determines that any regular assessment
 2896  will result in an impairment of the surplus of a limited
 2897  apportionment company, the department may direct that all or
 2898  part of such assessment be deferred. However, there shall be no
 2899  limitation or deferment of an emergency assessment to be
 2900  collected from policyholders under sub-sub-subparagraph
 2901  2.d.(III).
 2902         4. The plan shall provide for the deferment, in whole or in
 2903  part, of a regular assessment of a member insurer under sub-sub
 2904  subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but not
 2905  for an emergency assessment collected from policyholders under
 2906  sub-sub-subparagraph 2.d.(III), if, in the opinion of the
 2907  commissioner, payment of such regular assessment would endanger
 2908  or impair the solvency of the member insurer. In the event a
 2909  regular assessment against a member insurer is deferred in whole
 2910  or in part, the amount by which such assessment is deferred may
 2911  be assessed against the other member insurers in a manner
 2912  consistent with the basis for assessments set forth in sub-sub
 2913  subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
 2914         5.a. The plan of operation may include deductibles and
 2915  rules for classification of risks and rate modifications
 2916  consistent with the objective of providing and maintaining funds
 2917  sufficient to pay catastrophe losses.
 2918         b. It is the intent of the Legislature that the rates for
 2919  coverage provided by the association be actuarially sound and
 2920  not competitive with approved rates charged in the admitted
 2921  voluntary market such that the association functions as a
 2922  residual market mechanism to provide insurance only when the
 2923  insurance cannot be procured in the voluntary market. The plan
 2924  of operation shall provide a mechanism to assure that, beginning
 2925  no later than January 1, 1999, the rates charged by the
 2926  association for each line of business are reflective of approved
 2927  rates in the voluntary market for hurricane coverage for each
 2928  line of business in the various areas eligible for association
 2929  coverage.
 2930         c. The association shall provide for windstorm coverage on
 2931  residential properties in limits up to $10 million for
 2932  commercial lines residential risks and up to $1 million for
 2933  personal lines residential risks. If coverage with the
 2934  association is sought for a residential risk valued in excess of
 2935  these limits, coverage shall be available to the risk up to the
 2936  replacement cost or actual cash value of the property, at the
 2937  option of the insured, if coverage for the risk cannot be
 2938  located in the authorized market. The association must accept a
 2939  commercial lines residential risk with limits above $10 million
 2940  or a personal lines residential risk with limits above $1
 2941  million if coverage is not available in the authorized market.
 2942  The association may write coverage above the limits specified in
 2943  this subparagraph with or without facultative or other
 2944  reinsurance coverage, as the association determines appropriate.
 2945         d. The plan of operation must provide objective criteria
 2946  and procedures, approved by the department, to be uniformly
 2947  applied for all applicants in determining whether an individual
 2948  risk is so hazardous as to be uninsurable. In making this
 2949  determination and in establishing the criteria and procedures,
 2950  the following shall be considered:
 2951         (I) Whether the likelihood of a loss for the individual
 2952  risk is substantially higher than for other risks of the same
 2953  class; and
 2954         (II) Whether the uncertainty associated with the individual
 2955  risk is such that an appropriate premium cannot be determined.
 2956  
 2957  The acceptance or rejection of a risk by the association
 2958  pursuant to such criteria and procedures must be construed as
 2959  the private placement of insurance, and the provisions of
 2960  chapter 120 do not apply.
 2961         e. If the risk accepts an offer of coverage through the
 2962  market assistance program or through a mechanism established by
 2963  the association, either before the policy is issued by the
 2964  association or during the first 30 days of coverage by the
 2965  association, and the producing agent who submitted the
 2966  application to the association is not currently appointed by the
 2967  insurer, the insurer shall:
 2968         (I) Pay to the producing agent of record of the policy, for
 2969  the first year, an amount that is the greater of the insurer’s
 2970  usual and customary commission for the type of policy written or
 2971  a fee equal to the usual and customary commission of the
 2972  association; or
 2973         (II) Offer to allow the producing agent of record of the
 2974  policy to continue servicing the policy for a period of not less
 2975  than 1 year and offer to pay the agent the greater of the
 2976  insurer’s or the association’s usual and customary commission
 2977  for the type of policy written.
 2978  
 2979  If the producing agent is unwilling or unable to accept
 2980  appointment, the new insurer shall pay the agent in accordance
 2981  with sub-sub-subparagraph (I). Subject to the provisions of s.
 2982  627.3517, the policies issued by the association must provide
 2983  that if the association obtains an offer from an authorized
 2984  insurer to cover the risk at its approved rates under either a
 2985  standard policy including wind coverage or, if consistent with
 2986  the insurer’s underwriting rules as filed with the department, a
 2987  basic policy including wind coverage, the risk is no longer
 2988  eligible for coverage through the association. Upon termination
 2989  of eligibility, the association shall provide written notice to
 2990  the policyholder and agent of record stating that the
 2991  association policy must be canceled as of 60 days after the date
 2992  of the notice because of the offer of coverage from an
 2993  authorized insurer. Other provisions of the insurance code
 2994  relating to cancellation and notice of cancellation do not apply
 2995  to actions under this sub-subparagraph.
 2996         f. When the association enters into a contractual agreement
 2997  for a take-out plan, the producing agent of record of the
 2998  association policy is entitled to retain any unearned commission
 2999  on the policy, and the insurer shall:
 3000         (I) Pay to the producing agent of record of the association
 3001  policy, for the first year, an amount that is the greater of the
 3002  insurer’s usual and customary commission for the type of policy
 3003  written or a fee equal to the usual and customary commission of
 3004  the association; or
 3005         (II) Offer to allow the producing agent of record of the
 3006  association policy to continue servicing the policy for a period
 3007  of not less than 1 year and offer to pay the agent the greater
 3008  of the insurer’s or the association’s usual and customary
 3009  commission for the type of policy written.
 3010  
 3011  If the producing agent is unwilling or unable to accept
 3012  appointment, the new insurer shall pay the agent in accordance
 3013  with sub-sub-subparagraph (I).
 3014         6.a. The plan of operation may authorize the formation of a
 3015  private nonprofit corporation, a private nonprofit
 3016  unincorporated association, a partnership, a trust, a limited
 3017  liability company, or a nonprofit mutual company which may be
 3018  empowered, among other things, to borrow money by issuing bonds
 3019  or by incurring other indebtedness and to accumulate reserves or
 3020  funds to be used for the payment of insured catastrophe losses.
 3021  The plan may authorize all actions necessary to facilitate the
 3022  issuance of bonds, including the pledging of assessments or
 3023  other revenues.
 3024         b. Any entity created under this subsection, or any entity
 3025  formed for the purposes of this subsection, may sue and be sued,
 3026  may borrow money; issue bonds, notes, or debt instruments;
 3027  pledge or sell assessments, market equalization surcharges and
 3028  other surcharges, rights, premiums, contractual rights,
 3029  projected recoveries from the Florida Hurricane Catastrophe
 3030  Fund, other reinsurance recoverables, and other assets as
 3031  security for such bonds, notes, or debt instruments; enter into
 3032  any contracts or agreements necessary or proper to accomplish
 3033  such borrowings; and take other actions necessary to carry out
 3034  the purposes of this subsection. The association may issue bonds
 3035  or incur other indebtedness, or have bonds issued on its behalf
 3036  by a unit of local government pursuant to subparagraph (6)(q)2.,
 3037  in the absence of a hurricane or other weather-related event,
 3038  upon a determination by the association subject to approval by
 3039  the department that such action would enable it to efficiently
 3040  meet the financial obligations of the association and that such
 3041  financings are reasonably necessary to effectuate the
 3042  requirements of this subsection. Any such entity may accumulate
 3043  reserves and retain surpluses as of the end of any association
 3044  year to provide for the payment of losses incurred by the
 3045  association during that year or any future year. The association
 3046  shall incorporate and continue the plan of operation and
 3047  articles of agreement in effect on the effective date of chapter
 3048  76-96, Laws of Florida, to the extent that it is not
 3049  inconsistent with chapter 76-96, and as subsequently modified
 3050  consistent with chapter 76-96. The board of directors and
 3051  officers currently serving shall continue to serve until their
 3052  successors are duly qualified as provided under the plan. The
 3053  assets and obligations of the plan in effect immediately prior
 3054  to the effective date of chapter 76-96 shall be construed to be
 3055  the assets and obligations of the successor plan created herein.
 3056         c. In recognition of s. 10, Art. I of the State
 3057  Constitution, prohibiting the impairment of obligations of
 3058  contracts, it is the intent of the Legislature that no action be
 3059  taken whose purpose is to impair any bond indenture or financing
 3060  agreement or any revenue source committed by contract to such
 3061  bond or other indebtedness issued or incurred by the association
 3062  or any other entity created under this subsection.
 3063         7. On such coverage, an agent’s remuneration shall be that
 3064  amount of money payable to the agent by the terms of his or her
 3065  contract with the company with which the business is placed.
 3066  However, no commission will be paid on that portion of the
 3067  premium which is in excess of the standard premium of that
 3068  company.
 3069         8. Subject to approval by the department, the association
 3070  may establish different eligibility requirements and operational
 3071  procedures for any line or type of coverage for any specified
 3072  eligible area or portion of an eligible area if the board
 3073  determines that such changes to the eligibility requirements and
 3074  operational procedures are justified due to the voluntary market
 3075  being sufficiently stable and competitive in such area or for
 3076  such line or type of coverage and that consumers who, in good
 3077  faith, are unable to obtain insurance through the voluntary
 3078  market through ordinary methods would continue to have access to
 3079  coverage from the association. When coverage is sought in
 3080  connection with a real property transfer, such requirements and
 3081  procedures shall not provide for an effective date of coverage
 3082  later than the date of the closing of the transfer as
 3083  established by the transferor, the transferee, and, if
 3084  applicable, the lender.
 3085         9. Notwithstanding any other provision of law:
 3086         a. The pledge or sale of, the lien upon, and the security
 3087  interest in any rights, revenues, or other assets of the
 3088  association created or purported to be created pursuant to any
 3089  financing documents to secure any bonds or other indebtedness of
 3090  the association shall be and remain valid and enforceable,
 3091  notwithstanding the commencement of and during the continuation
 3092  of, and after, any rehabilitation, insolvency, liquidation,
 3093  bankruptcy, receivership, conservatorship, reorganization, or
 3094  similar proceeding against the association under the laws of
 3095  this state or any other applicable laws.
 3096         b. No such proceeding shall relieve the association of its
 3097  obligation, or otherwise affect its ability to perform its
 3098  obligation, to continue to collect, or levy and collect,
 3099  assessments, market equalization or other surcharges, projected
 3100  recoveries from the Florida Hurricane Catastrophe Fund,
 3101  reinsurance recoverables, or any other rights, revenues, or
 3102  other assets of the association pledged.
 3103         c. Each such pledge or sale of, lien upon, and security
 3104  interest in, including the priority of such pledge, lien, or
 3105  security interest, any such assessments, emergency assessments,
 3106  market equalization or renewal surcharges, projected recoveries
 3107  from the Florida Hurricane Catastrophe Fund, reinsurance
 3108  recoverables, or other rights, revenues, or other assets which
 3109  are collected, or levied and collected, after the commencement
 3110  of and during the pendency of or after any such proceeding shall
 3111  continue unaffected by such proceeding.
 3112         d. As used in this subsection, the term “financing
 3113  documents” means any agreement, instrument, or other document
 3114  now existing or hereafter created evidencing any bonds or other
 3115  indebtedness of the association or pursuant to which any such
 3116  bonds or other indebtedness has been or may be issued and
 3117  pursuant to which any rights, revenues, or other assets of the
 3118  association are pledged or sold to secure the repayment of such
 3119  bonds or indebtedness, together with the payment of interest on
 3120  such bonds or such indebtedness, or the payment of any other
 3121  obligation of the association related to such bonds or
 3122  indebtedness.
 3123         e. Any such pledge or sale of assessments, revenues,
 3124  contract rights or other rights or assets of the association
 3125  shall constitute a lien and security interest, or sale, as the
 3126  case may be, that is immediately effective and attaches to such
 3127  assessments, revenues, contract, or other rights or assets,
 3128  whether or not imposed or collected at the time the pledge or
 3129  sale is made. Any such pledge or sale is effective, valid,
 3130  binding, and enforceable against the association or other entity
 3131  making such pledge or sale, and valid and binding against and
 3132  superior to any competing claims or obligations owed to any
 3133  other person or entity, including policyholders in this state,
 3134  asserting rights in any such assessments, revenues, contract, or
 3135  other rights or assets to the extent set forth in and in
 3136  accordance with the terms of the pledge or sale contained in the
 3137  applicable financing documents, whether or not any such person
 3138  or entity has notice of such pledge or sale and without the need
 3139  for any physical delivery, recordation, filing, or other action.
 3140         f. There shall be no liability on the part of, and no cause
 3141  of action of any nature shall arise against, any member insurer
 3142  or its agents or employees, agents or employees of the
 3143  association, members of the board of directors of the
 3144  association, or the department or its representatives, for any
 3145  action taken by them in the performance of their duties or
 3146  responsibilities under this subsection. Such immunity does not
 3147  apply to actions for breach of any contract or agreement
 3148  pertaining to insurance, or any willful tort.
 3149         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 3150         (b)1. All insurers authorized to write one or more subject
 3151  lines of business in this state are subject to assessment by the
 3152  corporation and, for the purposes of this subsection, are
 3153  referred to collectively as “assessable insurers.” Insurers
 3154  writing one or more subject lines of business in this state
 3155  pursuant to part VIII of chapter 626 are not assessable
 3156  insurers, but insureds who procure one or more subject lines of
 3157  business in this state pursuant to part VIII of chapter 626 are
 3158  subject to assessment by the corporation and are referred to
 3159  collectively as “assessable insureds.” An insurer’s assessment
 3160  liability begins on the first day of the calendar year following
 3161  the year in which the insurer was issued a certificate of
 3162  authority to transact insurance for subject lines of business in
 3163  this state and terminates 1 year after the end of the first
 3164  calendar year during which the insurer no longer holds a
 3165  certificate of authority to transact insurance for subject lines
 3166  of business in this state.
 3167         2.a. All revenues, assets, liabilities, losses, and
 3168  expenses of the corporation shall be divided into three separate
 3169  accounts as follows:
 3170         (I) A personal lines account for personal residential
 3171  policies issued by the corporation, or issued by the Residential
 3172  Property and Casualty Joint Underwriting Association and renewed
 3173  by the corporation, which provides comprehensive, multiperil
 3174  coverage on risks that are not located in areas eligible for
 3175  coverage by the Florida Windstorm Underwriting Association as
 3176  those areas were defined on January 1, 2002, and for policies
 3177  that do not provide coverage for the peril of wind on risks that
 3178  are located in such areas;
 3179         (II) A commercial lines account for commercial residential
 3180  and commercial nonresidential policies issued by the
 3181  corporation, or issued by the Residential Property and Casualty
 3182  Joint Underwriting Association and renewed by the corporation,
 3183  which provides coverage for basic property perils on risks that
 3184  are not located in areas eligible for coverage by the Florida
 3185  Windstorm Underwriting Association as those areas were defined
 3186  on January 1, 2002, and for policies that do not provide
 3187  coverage for the peril of wind on risks that are located in such
 3188  areas; and
 3189         (III) A coastal account for personal residential policies
 3190  and commercial residential and commercial nonresidential
 3191  property policies issued by the corporation, or transferred to
 3192  the corporation, which provides coverage for the peril of wind
 3193  on risks that are located in areas eligible for coverage by the
 3194  Florida Windstorm Underwriting Association as those areas were
 3195  defined on January 1, 2002. The corporation may offer policies
 3196  that provide multiperil coverage and the corporation shall
 3197  continue to offer policies that provide coverage only for the
 3198  peril of wind for risks located in areas eligible for coverage
 3199  in the coastal account. In issuing multiperil coverage, the
 3200  corporation may use its approved policy forms and rates for the
 3201  personal lines account. An applicant or insured who is eligible
 3202  to purchase a multiperil policy from the corporation may
 3203  purchase a multiperil policy from an authorized insurer without
 3204  prejudice to the applicant’s or insured’s eligibility to
 3205  prospectively purchase a policy that provides coverage only for
 3206  the peril of wind from the corporation. An applicant or insured
 3207  who is eligible for a corporation policy that provides coverage
 3208  only for the peril of wind may elect to purchase or retain such
 3209  policy and also purchase or retain coverage excluding wind from
 3210  an authorized insurer without prejudice to the applicant’s or
 3211  insured’s eligibility to prospectively purchase a policy that
 3212  provides multiperil coverage from the corporation. It is the
 3213  goal of the Legislature that there be an overall average savings
 3214  of 10 percent or more for a policyholder who currently has a
 3215  wind-only policy with the corporation, and an ex-wind policy
 3216  with a voluntary insurer or the corporation, and who obtains a
 3217  multiperil policy from the corporation. It is the intent of the
 3218  Legislature that the offer of multiperil coverage in the coastal
 3219  account be made and implemented in a manner that does not
 3220  adversely affect the tax-exempt status of the corporation or
 3221  creditworthiness of or security for currently outstanding
 3222  financing obligations or credit facilities of the coastal
 3223  account, the personal lines account, or the commercial lines
 3224  account. The coastal account must also include quota share
 3225  primary insurance under subparagraph (c)2. The area eligible for
 3226  coverage under the coastal account also includes the area within
 3227  Port Canaveral, which is bordered on the south by the City of
 3228  Cape Canaveral, bordered on the west by the Banana River, and
 3229  bordered on the north by Federal Government property.
 3230         b. The three separate accounts must be maintained as long
 3231  as financing obligations entered into by the Florida Windstorm
 3232  Underwriting Association or Residential Property and Casualty
 3233  Joint Underwriting Association are outstanding, in accordance
 3234  with the terms of the corresponding financing documents. If the
 3235  financing obligations are no longer outstanding, the corporation
 3236  may use a single account for all revenues, assets, liabilities,
 3237  losses, and expenses of the corporation. Consistent with this
 3238  subparagraph and prudent investment policies that minimize the
 3239  cost of carrying debt, the board shall exercise its best efforts
 3240  to retire existing debt or obtain the approval of necessary
 3241  parties to amend the terms of existing debt, so as to structure
 3242  the most efficient plan to consolidate the three separate
 3243  accounts into a single account.
 3244         c. Creditors of the Residential Property and Casualty Joint
 3245  Underwriting Association and the accounts specified in sub-sub
 3246  subparagraphs a.(I) and (II) may have a claim against, and
 3247  recourse to, those accounts and no claim against, or recourse
 3248  to, the account referred to in sub-sub-subparagraph a.(III).
 3249  Creditors of the Florida Windstorm Underwriting Association have
 3250  a claim against, and recourse to, the account referred to in
 3251  sub-sub-subparagraph a.(III) and no claim against, or recourse
 3252  to, the accounts referred to in sub-sub-subparagraphs a.(I) and
 3253  (II).
 3254         d. Revenues, assets, liabilities, losses, and expenses not
 3255  attributable to particular accounts shall be prorated among the
 3256  accounts.
 3257         e. The Legislature finds that the revenues of the
 3258  corporation are revenues that are necessary to meet the
 3259  requirements set forth in documents authorizing the issuance of
 3260  bonds under this subsection.
 3261         f. No part of the income of the corporation may inure to
 3262  the benefit of any private person.
 3263         3. With respect to a deficit in an account:
 3264         a. After accounting for the Citizens policyholder surcharge
 3265  imposed under sub-subparagraph h., if the remaining projected
 3266  deficit incurred in a particular calendar year:
 3267         (I) Is not greater than 6 percent of the aggregate
 3268  statewide direct written premium for the subject lines of
 3269  business for the prior calendar year, the entire deficit shall
 3270  be recovered through regular assessments of assessable insurers
 3271  under paragraph (q) and assessable insureds.
 3272         (II) Exceeds 6 percent of the aggregate statewide direct
 3273  written premium for the subject lines of business for the prior
 3274  calendar year, the corporation shall levy regular assessments on
 3275  assessable insurers under paragraph (q) and on assessable
 3276  insureds in an amount equal to the greater of 6 percent of the
 3277  deficit or 6 percent of the aggregate statewide direct written
 3278  premium for the subject lines of business for the prior calendar
 3279  year. Any remaining deficit shall be recovered through emergency
 3280  assessments under sub-subparagraph c.
 3281         b. Each assessable insurer’s share of the amount being
 3282  assessed under sub-subparagraph a. must be in the proportion
 3283  that the assessable insurer’s direct written premium for the
 3284  subject lines of business for the year preceding the assessment
 3285  bears to the aggregate statewide direct written premium for the
 3286  subject lines of business for that year. The assessment
 3287  percentage applicable to each assessable insured is the ratio of
 3288  the amount being assessed under sub-subparagraph a. to the
 3289  aggregate statewide direct written premium for the subject lines
 3290  of business for the prior year. Assessments levied by the
 3291  corporation on assessable insurers under sub-subparagraph a.
 3292  must be paid as required by the corporation’s plan of operation
 3293  and paragraph (q). Assessments levied by the corporation on
 3294  assessable insureds under sub-subparagraph a. shall be collected
 3295  by the surplus lines agent at the time the surplus lines agent
 3296  collects the surplus lines tax required by s. 626.932, and paid
 3297  to the Florida Surplus Lines Service Office at the time the
 3298  surplus lines agent pays the surplus lines tax to that office.
 3299  Upon receipt of regular assessments from surplus lines agents,
 3300  the Florida Surplus Lines Service Office shall transfer the
 3301  assessments directly to the corporation as determined by the
 3302  corporation.
 3303         c. Upon a determination by the board of governors that a
 3304  deficit in an account exceeds the amount that will be recovered
 3305  through regular assessments under sub-subparagraph a., plus the
 3306  amount that is expected to be recovered through surcharges under
 3307  sub-subparagraph h., the board, after verification by the
 3308  office, shall levy emergency assessments for as many years as
 3309  necessary to cover the deficits, to be collected by assessable
 3310  insurers and the corporation and collected from assessable
 3311  insureds upon issuance or renewal of policies for subject lines
 3312  of business, excluding National Flood Insurance policies. The
 3313  amount collected in a particular year must be a uniform
 3314  percentage of that year’s direct written premium for subject
 3315  lines of business and all accounts of the corporation, excluding
 3316  National Flood Insurance Program policy premiums, as annually
 3317  determined by the board and verified by the office. The office
 3318  shall verify the arithmetic calculations involved in the board’s
 3319  determination within 30 days after receipt of the information on
 3320  which the determination was based. Notwithstanding any other
 3321  provision of law, the corporation and each assessable insurer
 3322  that writes subject lines of business shall collect emergency
 3323  assessments from its policyholders without such obligation being
 3324  affected by any credit, limitation, exemption, or deferment.
 3325  Emergency assessments levied by the corporation on assessable
 3326  insureds shall be collected by the surplus lines agent at the
 3327  time the surplus lines agent collects the surplus lines tax
 3328  required by s. 626.932 and paid to the Florida Surplus Lines
 3329  Service Office at the time the surplus lines agent pays the
 3330  surplus lines tax to that office. The emergency assessments
 3331  collected shall be transferred directly to the corporation on a
 3332  periodic basis as determined by the corporation and held by the
 3333  corporation solely in the applicable account. The aggregate
 3334  amount of emergency assessments levied for an account under this
 3335  sub-subparagraph in any calendar year may be less than but not
 3336  exceed the greater of 10 percent of the amount needed to cover
 3337  the deficit, plus interest, fees, commissions, required
 3338  reserves, and other costs associated with financing the original
 3339  deficit, or 10 percent of the aggregate statewide direct written
 3340  premium for subject lines of business and all accounts of the
 3341  corporation for the prior year, plus interest, fees,
 3342  commissions, required reserves, and other costs associated with
 3343  financing the deficit.
 3344         d. The corporation may pledge the proceeds of assessments,
 3345  projected recoveries from the Florida Hurricane Catastrophe
 3346  Fund, other insurance and reinsurance recoverables, policyholder
 3347  surcharges and other surcharges, and other funds available to
 3348  the corporation as the source of revenue for and to secure bonds
 3349  issued under paragraph (q), bonds or other indebtedness issued
 3350  under subparagraph (c)3., or lines of credit or other financing
 3351  mechanisms issued or created under this subsection, or to retire
 3352  any other debt incurred as a result of deficits or events giving
 3353  rise to deficits, or in any other way that the board determines
 3354  will efficiently recover such deficits. The purpose of the lines
 3355  of credit or other financing mechanisms is to provide additional
 3356  resources to assist the corporation in covering claims and
 3357  expenses attributable to a catastrophe. As used in this
 3358  subsection, the term “assessments” includes regular assessments
 3359  under sub-subparagraph a. or subparagraph (q)1. and emergency
 3360  assessments under sub-subparagraph c. d. Emergency assessments
 3361  collected under sub-subparagraph c. d. are not part of an
 3362  insurer’s rates, are not premium, and are not subject to premium
 3363  tax, fees, or commissions; however, failure to pay the emergency
 3364  assessment shall be treated as failure to pay premium. The
 3365  emergency assessments under sub-subparagraph c. shall continue
 3366  as long as any bonds issued or other indebtedness incurred with
 3367  respect to a deficit for which the assessment was imposed remain
 3368  outstanding, unless adequate provision has been made for the
 3369  payment of such bonds or other indebtedness pursuant to the
 3370  documents governing such bonds or indebtedness.
 3371         e. As used in this subsection for purposes of any deficit
 3372  incurred on or after January 25, 2007, the term “subject lines
 3373  of business” means insurance written by assessable insurers or
 3374  procured by assessable insureds for all property and casualty
 3375  lines of business in this state, but not including workers’
 3376  compensation or medical malpractice. As used in this sub
 3377  subparagraph, the term “property and casualty lines of business”
 3378  includes all lines of business identified on Form 2, Exhibit of
 3379  Premiums and Losses, in the annual statement required of
 3380  authorized insurers under s. 624.424 and any rule adopted under
 3381  this section, except for those lines identified as accident and
 3382  health insurance and except for policies written under the
 3383  National Flood Insurance Program or the Federal Crop Insurance
 3384  Program. For purposes of this sub-subparagraph, the term
 3385  “workers’ compensation” includes both workers’ compensation
 3386  insurance and excess workers’ compensation insurance.
 3387         f. The Florida Surplus Lines Service Office shall determine
 3388  annually the aggregate statewide written premium in subject
 3389  lines of business procured by assessable insureds and report
 3390  that information to the corporation in a form and at a time the
 3391  corporation specifies to ensure that the corporation can meet
 3392  the requirements of this subsection and the corporation’s
 3393  financing obligations.
 3394         g. The Florida Surplus Lines Service Office shall verify
 3395  the proper application by surplus lines agents of assessment
 3396  percentages for regular assessments and emergency assessments
 3397  levied under this subparagraph on assessable insureds and assist
 3398  the corporation in ensuring the accurate, timely collection and
 3399  payment of assessments by surplus lines agents as required by
 3400  the corporation.
 3401         h. If a deficit is incurred in any account in 2008 or
 3402  thereafter, the board of governors shall levy a Citizens
 3403  policyholder surcharge against all policyholders of the
 3404  corporation.
 3405         (I) The surcharge shall be levied as a uniform percentage
 3406  of the premium for the policy of up to 15 percent of such
 3407  premium, which funds shall be used to offset the deficit.
 3408         (II) The surcharge is payable upon cancellation or
 3409  termination of the policy, upon renewal of the policy, or upon
 3410  issuance of a new policy by the corporation within the first 12
 3411  months after the date of the levy or the period of time
 3412  necessary to fully collect the surcharge amount.
 3413         (III) The corporation may not levy any regular assessments
 3414  under paragraph (q) pursuant to sub-subparagraph a. or sub
 3415  subparagraph b. with respect to a particular year’s deficit
 3416  until the corporation has first levied the full amount of the
 3417  surcharge authorized by this sub-subparagraph.
 3418         (IV) The surcharge is not considered premium and is not
 3419  subject to commissions, fees, or premium taxes. However, failure
 3420  to pay the surcharge shall be treated as failure to pay premium.
 3421         i. If the amount of any assessments or surcharges collected
 3422  from corporation policyholders, assessable insurers or their
 3423  policyholders, or assessable insureds exceeds the amount of the
 3424  deficits, such excess amounts shall be remitted to and retained
 3425  by the corporation in a reserve to be used by the corporation,
 3426  as determined by the board of governors and approved by the
 3427  office, to pay claims or reduce any past, present, or future
 3428  plan-year deficits or to reduce outstanding debt.
 3429         (c) The corporation’s plan of operation:
 3430         1. Must provide for adoption of residential property and
 3431  casualty insurance policy forms and commercial residential and
 3432  nonresidential property insurance forms, which must be approved
 3433  by the office before use. The corporation shall adopt the
 3434  following policy forms:
 3435         a. Standard personal lines policy forms that are
 3436  comprehensive multiperil policies providing full coverage of a
 3437  residential property equivalent to the coverage provided in the
 3438  private insurance market under an HO-3, HO-4, or HO-6 policy.
 3439         b. Basic personal lines policy forms that are policies
 3440  similar to an HO-8 policy or a dwelling fire policy that provide
 3441  coverage meeting the requirements of the secondary mortgage
 3442  market, but which is more limited than the coverage under a
 3443  standard policy.
 3444         c. Commercial lines residential and nonresidential policy
 3445  forms that are generally similar to the basic perils of full
 3446  coverage obtainable for commercial residential structures and
 3447  commercial nonresidential structures in the admitted voluntary
 3448  market.
 3449         d. Personal lines and commercial lines residential property
 3450  insurance forms that cover the peril of wind only. The forms are
 3451  applicable only to residential properties located in areas
 3452  eligible for coverage under the coastal account referred to in
 3453  sub-subparagraph (b)2.a.
 3454         e. Commercial lines nonresidential property insurance forms
 3455  that cover the peril of wind only. The forms are applicable only
 3456  to nonresidential properties located in areas eligible for
 3457  coverage under the coastal account referred to in sub
 3458  subparagraph (b)2.a.
 3459         f. The corporation may adopt variations of the policy forms
 3460  listed in sub-subparagraphs a.-e. which contain more restrictive
 3461  coverage.
 3462         2. Must provide that the corporation adopt a program in
 3463  which the corporation and authorized insurers enter into quota
 3464  share primary insurance agreements for hurricane coverage, as
 3465  defined in s. 627.4025(2)(a), for eligible risks, and adopt
 3466  property insurance forms for eligible risks which cover the
 3467  peril of wind only.
 3468         a. As used in this subsection, the term:
 3469         (I) “Quota share primary insurance” means an arrangement in
 3470  which the primary hurricane coverage of an eligible risk is
 3471  provided in specified percentages by the corporation and an
 3472  authorized insurer. The corporation and authorized insurer are
 3473  each solely responsible for a specified percentage of hurricane
 3474  coverage of an eligible risk as set forth in a quota share
 3475  primary insurance agreement between the corporation and an
 3476  authorized insurer and the insurance contract. The
 3477  responsibility of the corporation or authorized insurer to pay
 3478  its specified percentage of hurricane losses of an eligible
 3479  risk, as set forth in the agreement, may not be altered by the
 3480  inability of the other party to pay its specified percentage of
 3481  losses. Eligible risks that are provided hurricane coverage
 3482  through a quota share primary insurance arrangement must be
 3483  provided policy forms that set forth the obligations of the
 3484  corporation and authorized insurer under the arrangement,
 3485  clearly specify the percentages of quota share primary insurance
 3486  provided by the corporation and authorized insurer, and
 3487  conspicuously and clearly state that the authorized insurer and
 3488  the corporation may not be held responsible beyond their
 3489  specified percentage of coverage of hurricane losses.
 3490         (II) “Eligible risks” means personal lines residential and
 3491  commercial lines residential risks that meet the underwriting
 3492  criteria of the corporation and are located in areas that were
 3493  eligible for coverage by the Florida Windstorm Underwriting
 3494  Association on January 1, 2002.
 3495         b. The corporation may enter into quota share primary
 3496  insurance agreements with authorized insurers at corporation
 3497  coverage levels of 90 percent and 50 percent.
 3498         c. If the corporation determines that additional coverage
 3499  levels are necessary to maximize participation in quota share
 3500  primary insurance agreements by authorized insurers, the
 3501  corporation may establish additional coverage levels. However,
 3502  the corporation’s quota share primary insurance coverage level
 3503  may not exceed 90 percent.
 3504         d. Any quota share primary insurance agreement entered into
 3505  between an authorized insurer and the corporation must provide
 3506  for a uniform specified percentage of coverage of hurricane
 3507  losses, by county or territory as set forth by the corporation
 3508  board, for all eligible risks of the authorized insurer covered
 3509  under the agreement.
 3510         e. Any quota share primary insurance agreement entered into
 3511  between an authorized insurer and the corporation is subject to
 3512  review and approval by the office. However, such agreement shall
 3513  be authorized only as to insurance contracts entered into
 3514  between an authorized insurer and an insured who is already
 3515  insured by the corporation for wind coverage.
 3516         f. For all eligible risks covered under quota share primary
 3517  insurance agreements, the exposure and coverage levels for both
 3518  the corporation and authorized insurers shall be reported by the
 3519  corporation to the Florida Hurricane Catastrophe Fund. For all
 3520  policies of eligible risks covered under such agreements, the
 3521  corporation and the authorized insurer must maintain complete
 3522  and accurate records for the purpose of exposure and loss
 3523  reimbursement audits as required by fund rules. The corporation
 3524  and the authorized insurer shall each maintain duplicate copies
 3525  of policy declaration pages and supporting claims documents.
 3526         g. The corporation board shall establish in its plan of
 3527  operation standards for quota share agreements which ensure that
 3528  there is no discriminatory application among insurers as to the
 3529  terms of the agreements, pricing of the agreements, incentive
 3530  provisions if any, and consideration paid for servicing policies
 3531  or adjusting claims.
 3532         h. The quota share primary insurance agreement between the
 3533  corporation and an authorized insurer must set forth the
 3534  specific terms under which coverage is provided, including, but
 3535  not limited to, the sale and servicing of policies issued under
 3536  the agreement by the insurance agent of the authorized insurer
 3537  producing the business, the reporting of information concerning
 3538  eligible risks, the payment of premium to the corporation, and
 3539  arrangements for the adjustment and payment of hurricane claims
 3540  incurred on eligible risks by the claims adjuster and personnel
 3541  of the authorized insurer. Entering into a quota sharing
 3542  insurance agreement between the corporation and an authorized
 3543  insurer is voluntary and at the discretion of the authorized
 3544  insurer.
 3545         3.a. May provide that the corporation may employ or
 3546  otherwise contract with individuals or other entities to provide
 3547  administrative or professional services that may be appropriate
 3548  to effectuate the plan. The corporation may borrow funds by
 3549  issuing bonds or by incurring other indebtedness, and shall have
 3550  other powers reasonably necessary to effectuate the requirements
 3551  of this subsection, including, without limitation, the power to
 3552  issue bonds and incur other indebtedness in order to refinance
 3553  outstanding bonds or other indebtedness. The corporation may
 3554  seek judicial validation of its bonds or other indebtedness
 3555  under chapter 75. The corporation may issue bonds or incur other
 3556  indebtedness, or have bonds issued on its behalf by a unit of
 3557  local government pursuant to subparagraph (q)2. in the absence
 3558  of a hurricane or other weather-related event, upon a
 3559  determination by the corporation, subject to approval by the
 3560  office, that such action would enable it to efficiently meet the
 3561  financial obligations of the corporation and that such
 3562  financings are reasonably necessary to effectuate the
 3563  requirements of this subsection. The corporation may take all
 3564  actions needed to facilitate tax-free status for such bonds or
 3565  indebtedness, including formation of trusts or other affiliated
 3566  entities. The corporation may pledge assessments, projected
 3567  recoveries from the Florida Hurricane Catastrophe Fund, other
 3568  reinsurance recoverables, market equalization and other
 3569  surcharges, and other funds available to the corporation as
 3570  security for bonds or other indebtedness. In recognition of s.
 3571  10, Art. I of the State Constitution, prohibiting the impairment
 3572  of obligations of contracts, it is the intent of the Legislature
 3573  that no action be taken whose purpose is to impair any bond
 3574  indenture or financing agreement or any revenue source committed
 3575  by contract to such bond or other indebtedness.
 3576         b. To ensure that the corporation is operating in an
 3577  efficient and economic manner while providing quality service to
 3578  policyholders, applicants, and agents, the board shall
 3579  commission an independent third-party consultant having
 3580  expertise in insurance company management or insurance company
 3581  management consulting to prepare a report and make
 3582  recommendations on the relative costs and benefits of
 3583  outsourcing various policy issuance and service functions to
 3584  private servicing carriers or entities performing similar
 3585  functions in the private market for a fee, rather than
 3586  performing such functions in-house. In making such
 3587  recommendations, the consultant shall consider how other
 3588  residual markets, both in this state and around the country,
 3589  outsource appropriate functions or use servicing carriers to
 3590  better match expenses with revenues that fluctuate based on a
 3591  widely varying policy count. The report must be completed by
 3592  July 1, 2012. Upon receiving the report, the board shall develop
 3593  a plan to implement the report and submit the plan for review,
 3594  modification, and approval to the Financial Services Commission.
 3595  Upon the commission’s approval of the plan, the board shall
 3596  begin implementing the plan by January 1, 2013.
 3597         4. Must require that the corporation operate subject to the
 3598  supervision and approval of a board of governors consisting of
 3599  eight individuals who are residents of this state, from
 3600  different geographical areas of this state.
 3601         a. The Governor, the Chief Financial Officer, the President
 3602  of the Senate, and the Speaker of the House of Representatives
 3603  shall each appoint two members of the board. At least one of the
 3604  two members appointed by each appointing officer must have
 3605  demonstrated expertise in insurance and is deemed to be within
 3606  the scope of the exemption provided in s. 112.313(7)(b). The
 3607  Chief Financial Officer shall designate one of the appointees as
 3608  chair. All board members serve at the pleasure of the appointing
 3609  officer. All members of the board are subject to removal at will
 3610  by the officers who appointed them. All board members, including
 3611  the chair, must be appointed to serve for 3-year terms beginning
 3612  annually on a date designated by the plan. However, for the
 3613  first term beginning on or after July 1, 2009, each appointing
 3614  officer shall appoint one member of the board for a 2-year term
 3615  and one member for a 3-year term. A board vacancy shall be
 3616  filled for the unexpired term by the appointing officer. The
 3617  Chief Financial Officer shall appoint a technical advisory group
 3618  to provide information and advice to the board in connection
 3619  with the board’s duties under this subsection. The executive
 3620  director and senior managers of the corporation shall be engaged
 3621  by the board and serve at the pleasure of the board. Any
 3622  executive director appointed on or after July 1, 2006, is
 3623  subject to confirmation by the Senate. The executive director is
 3624  responsible for employing other staff as the corporation may
 3625  require, subject to review and concurrence by the board.
 3626         b. The board shall create a Market Accountability Advisory
 3627  Committee to assist the corporation in developing awareness of
 3628  its rates and its customer and agent service levels in
 3629  relationship to the voluntary market insurers writing similar
 3630  coverage.
 3631         (I) The members of the advisory committee consist of the
 3632  following 11 persons, one of whom must be elected chair by the
 3633  members of the committee: four representatives, one appointed by
 3634  the Florida Association of Insurance Agents, one by the Florida
 3635  Association of Insurance and Financial Advisors, one by the
 3636  Professional Insurance Agents of Florida, and one by the Latin
 3637  American Association of Insurance Agencies; three
 3638  representatives appointed by the insurers with the three highest
 3639  voluntary market share of residential property insurance
 3640  business in the state; one representative from the Office of
 3641  Insurance Regulation; one consumer appointed by the board who is
 3642  insured by the corporation at the time of appointment to the
 3643  committee; one representative appointed by the Florida
 3644  Association of Realtors; and one representative appointed by the
 3645  Florida Bankers Association. All members shall be appointed to
 3646  3-year terms and may serve for consecutive terms.
 3647         (II) The committee shall report to the corporation at each
 3648  board meeting on insurance market issues which may include rates
 3649  and rate competition with the voluntary market; service,
 3650  including policy issuance, claims processing, and general
 3651  responsiveness to policyholders, applicants, and agents; and
 3652  matters relating to depopulation.
 3653         5. Must provide a procedure for determining the eligibility
 3654  of a risk for coverage, as follows:
 3655         a. Subject to s. 627.3517, with respect to personal lines
 3656  residential risks, if the risk is offered coverage from an
 3657  authorized insurer at the insurer’s approved rate under a
 3658  standard policy including wind coverage or, if consistent with
 3659  the insurer’s underwriting rules as filed with the office, a
 3660  basic policy including wind coverage, for a new application to
 3661  the corporation for coverage, the risk is not eligible for any
 3662  policy issued by the corporation unless the premium for coverage
 3663  from the authorized insurer is more than 15 percent greater than
 3664  the premium for comparable coverage from the corporation. If the
 3665  risk is not able to obtain such offer, the risk is eligible for
 3666  a standard policy including wind coverage or a basic policy
 3667  including wind coverage issued by the corporation; however, if
 3668  the risk could not be insured under a standard policy including
 3669  wind coverage regardless of market conditions, the risk is
 3670  eligible for a basic policy including wind coverage unless
 3671  rejected under subparagraph 8. However, a policyholder of the
 3672  corporation or a policyholder removed from the corporation
 3673  through an assumption agreement until the end of the assumption
 3674  period remains eligible for coverage from the corporation
 3675  regardless of any offer of coverage from an authorized insurer
 3676  or surplus lines insurer. The corporation shall determine the
 3677  type of policy to be provided on the basis of objective
 3678  standards specified in the underwriting manual and based on
 3679  generally accepted underwriting practices.
 3680         (I) If the risk accepts an offer of coverage through the
 3681  market assistance plan or through a mechanism established by the
 3682  corporation before a policy is issued to the risk by the
 3683  corporation or during the first 30 days of coverage by the
 3684  corporation, and the producing agent who submitted the
 3685  application to the plan or to the corporation is not currently
 3686  appointed by the insurer, the insurer shall:
 3687         (A) Pay to the producing agent of record of the policy for
 3688  the first year, an amount that is the greater of the insurer’s
 3689  usual and customary commission for the type of policy written or
 3690  a fee equal to the usual and customary commission of the
 3691  corporation; or
 3692         (B) Offer to allow the producing agent of record of the
 3693  policy to continue servicing the policy for at least 1 year and
 3694  offer to pay the agent the greater of the insurer’s or the
 3695  corporation’s usual and customary commission for the type of
 3696  policy written.
 3697  
 3698  If the producing agent is unwilling or unable to accept
 3699  appointment, the new insurer shall pay the agent in accordance
 3700  with sub-sub-sub-subparagraph (A).
 3701         (II) If the corporation enters into a contractual agreement
 3702  for a take-out plan, the producing agent of record of the
 3703  corporation policy is entitled to retain any unearned commission
 3704  on the policy, and the insurer shall:
 3705         (A) Pay to the producing agent of record, for the first
 3706  year, an amount that is the greater of the insurer’s usual and
 3707  customary commission for the type of policy written or a fee
 3708  equal to the usual and customary commission of the corporation;
 3709  or
 3710         (B) Offer to allow the producing agent of record to
 3711  continue servicing the policy for at least 1 year and offer to
 3712  pay the agent the greater of the insurer’s or the corporation’s
 3713  usual and customary commission for the type of policy written.
 3714  
 3715  If the producing agent is unwilling or unable to accept
 3716  appointment, the new insurer shall pay the agent in accordance
 3717  with sub-sub-sub-subparagraph (A).
 3718         b. With respect to commercial lines residential risks, for
 3719  a new application to the corporation for coverage, if the risk
 3720  is offered coverage under a policy including wind coverage from
 3721  an authorized insurer at its approved rate, the risk is not
 3722  eligible for a policy issued by the corporation unless the
 3723  premium for coverage from the authorized insurer is more than 15
 3724  percent greater than the premium for comparable coverage from
 3725  the corporation. If the risk is not able to obtain any such
 3726  offer, the risk is eligible for a policy including wind coverage
 3727  issued by the corporation. However, a policyholder of the
 3728  corporation or a policyholder removed from the corporation
 3729  through an assumption agreement until the end of the assumption
 3730  period remains eligible for coverage from the corporation
 3731  regardless of an offer of coverage from an authorized insurer or
 3732  surplus lines insurer.
 3733         (I) If the risk accepts an offer of coverage through the
 3734  market assistance plan or through a mechanism established by the
 3735  corporation before a policy is issued to the risk by the
 3736  corporation or during the first 30 days of coverage by the
 3737  corporation, and the producing agent who submitted the
 3738  application to the plan or the corporation is not currently
 3739  appointed by the insurer, the insurer shall:
 3740         (A) Pay to the producing agent of record of the policy, for
 3741  the first year, an amount that is the greater of the insurer’s
 3742  usual and customary commission for the type of policy written or
 3743  a fee equal to the usual and customary commission of the
 3744  corporation; or
 3745         (B) Offer to allow the producing agent of record of the
 3746  policy to continue servicing the policy for at least 1 year and
 3747  offer to pay the agent the greater of the insurer’s or the
 3748  corporation’s usual and customary commission for the type of
 3749  policy written.
 3750  
 3751  If the producing agent is unwilling or unable to accept
 3752  appointment, the new insurer shall pay the agent in accordance
 3753  with sub-sub-sub-subparagraph (A).
 3754         (II) If the corporation enters into a contractual agreement
 3755  for a take-out plan, the producing agent of record of the
 3756  corporation policy is entitled to retain any unearned commission
 3757  on the policy, and the insurer shall:
 3758         (A) Pay to the producing agent of record policy, for the
 3759  first year, an amount that is the greater of the insurer’s usual
 3760  and customary commission for the type of policy written or a fee
 3761  equal to the usual and customary commission of the corporation;
 3762  or
 3763         (B) Offer to allow the producing agent of record to
 3764  continue servicing the policy for at least 1 year and offer to
 3765  pay the agent the greater of the insurer’s or the corporation’s
 3766  usual and customary commission for the type of policy written.
 3767  
 3768  If the producing agent is unwilling or unable to accept
 3769  appointment, the new insurer shall pay the agent in accordance
 3770  with sub-sub-sub-subparagraph (A).
 3771         c. For purposes of determining comparable coverage under
 3772  sub-subparagraphs a. and b., the comparison must be based on
 3773  those forms and coverages that are reasonably comparable. The
 3774  corporation may rely on a determination of comparable coverage
 3775  and premium made by the producing agent who submits the
 3776  application to the corporation, made in the agent’s capacity as
 3777  the corporation’s agent. A comparison may be made solely of the
 3778  premium with respect to the main building or structure only on
 3779  the following basis: the same coverage A or other building
 3780  limits; the same percentage hurricane deductible that applies on
 3781  an annual basis or that applies to each hurricane for commercial
 3782  residential property; the same percentage of ordinance and law
 3783  coverage, if the same limit is offered by both the corporation
 3784  and the authorized insurer; the same mitigation credits, to the
 3785  extent the same types of credits are offered both by the
 3786  corporation and the authorized insurer; the same method for loss
 3787  payment, such as replacement cost or actual cash value, if the
 3788  same method is offered both by the corporation and the
 3789  authorized insurer in accordance with underwriting rules; and
 3790  any other form or coverage that is reasonably comparable as
 3791  determined by the board. If an application is submitted to the
 3792  corporation for wind-only coverage in the coastal account, the
 3793  premium for the corporation’s wind-only policy plus the premium
 3794  for the ex-wind policy that is offered by an authorized insurer
 3795  to the applicant must be compared to the premium for multiperil
 3796  coverage offered by an authorized insurer, subject to the
 3797  standards for comparison specified in this subparagraph. If the
 3798  corporation or the applicant requests from the authorized
 3799  insurer a breakdown of the premium of the offer by types of
 3800  coverage so that a comparison may be made by the corporation or
 3801  its agent and the authorized insurer refuses or is unable to
 3802  provide such information, the corporation may treat the offer as
 3803  not being an offer of coverage from an authorized insurer at the
 3804  insurer’s approved rate.
 3805         6. Must include rules for classifications of risks and
 3806  rates.
 3807         7. Must provide that if premium and investment income for
 3808  an account attributable to a particular calendar year are in
 3809  excess of projected losses and expenses for the account
 3810  attributable to that year, such excess shall be held in surplus
 3811  in the account. Such surplus must be available to defray
 3812  deficits in that account as to future years and used for that
 3813  purpose before assessing assessable insurers and assessable
 3814  insureds as to any calendar year.
 3815         8. Must provide objective criteria and procedures to be
 3816  uniformly applied to all applicants in determining whether an
 3817  individual risk is so hazardous as to be uninsurable. In making
 3818  this determination and in establishing the criteria and
 3819  procedures, the following must be considered:
 3820         a. Whether the likelihood of a loss for the individual risk
 3821  is substantially higher than for other risks of the same class;
 3822  and
 3823         b. Whether the uncertainty associated with the individual
 3824  risk is such that an appropriate premium cannot be determined.
 3825  
 3826  The acceptance or rejection of a risk by the corporation shall
 3827  be construed as the private placement of insurance, and the
 3828  provisions of chapter 120 do not apply.
 3829         9. Must provide that the corporation make its best efforts
 3830  to procure catastrophe reinsurance at reasonable rates, to cover
 3831  its projected 100-year probable maximum loss as determined by
 3832  the board of governors.
 3833         10. The policies issued by the corporation must provide
 3834  that if the corporation or the market assistance plan obtains an
 3835  offer from an authorized insurer to cover the risk at its
 3836  approved rates, the risk is no longer eligible for renewal
 3837  through the corporation, except as otherwise provided in this
 3838  subsection.
 3839         11. Corporation policies and applications must include a
 3840  notice that the corporation policy could, under this section, be
 3841  replaced with a policy issued by an authorized insurer which
 3842  does not provide coverage identical to the coverage provided by
 3843  the corporation. The notice must also specify that acceptance of
 3844  corporation coverage creates a conclusive presumption that the
 3845  applicant or policyholder is aware of this potential.
 3846         12. May establish, subject to approval by the office,
 3847  different eligibility requirements and operational procedures
 3848  for any line or type of coverage for any specified county or
 3849  area if the board determines that such changes are justified due
 3850  to the voluntary market being sufficiently stable and
 3851  competitive in such area or for such line or type of coverage
 3852  and that consumers who, in good faith, are unable to obtain
 3853  insurance through the voluntary market through ordinary methods
 3854  continue to have access to coverage from the corporation. If
 3855  coverage is sought in connection with a real property transfer,
 3856  the requirements and procedures may not provide an effective
 3857  date of coverage later than the date of the closing of the
 3858  transfer as established by the transferor, the transferee, and,
 3859  if applicable, the lender.
 3860         13. Must provide that, with respect to the coastal account,
 3861  any assessable insurer with a surplus as to policyholders of $25
 3862  million or less writing 25 percent or more of its total
 3863  countrywide property insurance premiums in this state may
 3864  petition the office, within the first 90 days of each calendar
 3865  year, to qualify as a limited apportionment company. A regular
 3866  assessment levied by the corporation on a limited apportionment
 3867  company for a deficit incurred by the corporation for the
 3868  coastal account may be paid to the corporation on a monthly
 3869  basis as the assessments are collected by the limited
 3870  apportionment company from its insureds pursuant to s. 627.3512,
 3871  but the regular assessment must be paid in full within 12 months
 3872  after being levied by the corporation. A limited apportionment
 3873  company shall collect from its policyholders any emergency
 3874  assessment imposed under sub-subparagraph (b)3.c. (b)3.d. The
 3875  plan must provide that, if the office determines that any
 3876  regular assessment will result in an impairment of the surplus
 3877  of a limited apportionment company, the office may direct that
 3878  all or part of such assessment be deferred as provided in
 3879  subparagraph (q)4. However, an emergency assessment to be
 3880  collected from policyholders under sub-subparagraph (b)3.c.
 3881  (b)3.d. may not be limited or deferred.
 3882         14. Must provide that the corporation appoint as its
 3883  licensed agents only those agents who also hold an appointment
 3884  as defined in s. 626.015(3) with an insurer who at the time of
 3885  the agent’s initial appointment by the corporation is authorized
 3886  to write and is actually writing personal lines residential
 3887  property coverage, commercial residential property coverage, or
 3888  commercial nonresidential property coverage within the state.
 3889         15. Must provide a premium payment plan option to its
 3890  policyholders which, at a minimum, allows for quarterly and
 3891  semiannual payment of premiums. A monthly payment plan may, but
 3892  is not required to, be offered.
 3893         16. Must limit coverage on mobile homes or manufactured
 3894  homes built before 1994 to actual cash value of the dwelling
 3895  rather than replacement costs of the dwelling.
 3896         17. May provide such limits of coverage as the board
 3897  determines, consistent with the requirements of this subsection.
 3898         18. May require commercial property to meet specified
 3899  hurricane mitigation construction features as a condition of
 3900  eligibility for coverage.
 3901         19. Must provide that new or renewal policies issued by the
 3902  corporation on or after January 1, 2012, which cover sinkhole
 3903  loss do not include coverage for any loss to appurtenant
 3904  structures, driveways, sidewalks, decks, or patios that are
 3905  directly or indirectly caused by sinkhole activity. The
 3906  corporation shall exclude such coverage using a notice of
 3907  coverage change, which may be included with the policy renewal,
 3908  and not by issuance of a notice of nonrenewal of the excluded
 3909  coverage upon renewal of the current policy.
 3910         20. As of January 1, 2012, must require that the agent
 3911  obtain from an applicant for coverage from the corporation an
 3912  acknowledgement signed by the applicant, which includes, at a
 3913  minimum, the following statement:
 3914  
 3915               ACKNOWLEDGEMENT OF POTENTIAL SURCHARGE              
 3916                      AND ASSESSMENT LIABILITY:                    
 3917  
 3918         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
 3919  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
 3920  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
 3921  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
 3922  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
 3923  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
 3924  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
 3925  LEGISLATURE.
 3926         2. I ALSO UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
 3927  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
 3928  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
 3929  FLORIDA LEGISLATURE.
 3930         3. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
 3931  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
 3932  STATE OF FLORIDA.
 3933  
 3934         a. The corporation shall maintain, in electronic format or
 3935  otherwise, a copy of the applicant’s signed acknowledgement and
 3936  provide a copy of the statement to the policyholder as part of
 3937  the first renewal after the effective date of this subparagraph.
 3938         b. The signed acknowledgement form creates a conclusive
 3939  presumption that the policyholder understood and accepted his or
 3940  her potential surcharge and assessment liability as a
 3941  policyholder of the corporation.
 3942         (q)1. The corporation shall certify to the office its needs
 3943  for annual assessments as to a particular calendar year, and for
 3944  any interim assessments that it deems to be necessary to sustain
 3945  operations as to a particular year pending the receipt of annual
 3946  assessments. Upon verification, the office shall approve such
 3947  certification, and the corporation shall levy such annual or
 3948  interim assessments. Such assessments shall be prorated as
 3949  provided in paragraph (b). The corporation shall take all
 3950  reasonable and prudent steps necessary to collect the amount of
 3951  assessment due from each assessable insurer, including, if
 3952  prudent, filing suit to collect such assessment. If the
 3953  corporation is unable to collect an assessment from any
 3954  assessable insurer, the uncollected assessments shall be levied
 3955  as an additional assessment against the assessable insurers and
 3956  any assessable insurer required to pay an additional assessment
 3957  as a result of such failure to pay shall have a cause of action
 3958  against such nonpaying assessable insurer. Assessments shall be
 3959  included as an appropriate factor in the making of rates. The
 3960  failure of a surplus lines agent to collect and remit any
 3961  regular or emergency assessment levied by the corporation is
 3962  considered to be a violation of s. 626.936 and subjects the
 3963  surplus lines agent to the penalties provided in that section.
 3964         2. The governing body of any unit of local government, any
 3965  residents of which are insured by the corporation, may issue
 3966  bonds as defined in s. 125.013 or s. 166.101 from time to time
 3967  to fund an assistance program, in conjunction with the
 3968  corporation, for the purpose of defraying deficits of the
 3969  corporation. In order to avoid needless and indiscriminate
 3970  proliferation, duplication, and fragmentation of such assistance
 3971  programs, any unit of local government, any residents of which
 3972  are insured by the corporation, may provide for the payment of
 3973  losses, regardless of whether or not the losses occurred within
 3974  or outside of the territorial jurisdiction of the local
 3975  government. Revenue bonds under this subparagraph may not be
 3976  issued until validated pursuant to chapter 75, unless a state of
 3977  emergency is declared by executive order or proclamation of the
 3978  Governor pursuant to s. 252.36 making such findings as are
 3979  necessary to determine that it is in the best interests of, and
 3980  necessary for, the protection of the public health, safety, and
 3981  general welfare of residents of this state and declaring it an
 3982  essential public purpose to permit certain municipalities or
 3983  counties to issue such bonds as will permit relief to claimants
 3984  and policyholders of the corporation. Any such unit of local
 3985  government may enter into such contracts with the corporation
 3986  and with any other entity created pursuant to this subsection as
 3987  are necessary to carry out this paragraph. Any bonds issued
 3988  under this subparagraph shall be payable from and secured by
 3989  moneys received by the corporation from emergency assessments
 3990  under sub-subparagraph (b)3.c. (b)3.d., and assigned and pledged
 3991  to or on behalf of the unit of local government for the benefit
 3992  of the holders of such bonds. The funds, credit, property, and
 3993  taxing power of the state or of the unit of local government
 3994  shall not be pledged for the payment of such bonds.
 3995         3.a. The corporation shall adopt one or more programs
 3996  subject to approval by the office for the reduction of both new
 3997  and renewal writings in the corporation. Beginning January 1,
 3998  2008, any program the corporation adopts for the payment of
 3999  bonuses to an insurer for each risk the insurer removes from the
 4000  corporation shall comply with s. 627.3511(2) and may not exceed
 4001  the amount referenced in s. 627.3511(2) for each risk removed.
 4002  The corporation may consider any prudent and not unfairly
 4003  discriminatory approach to reducing corporation writings, and
 4004  may adopt a credit against assessment liability or other
 4005  liability that provides an incentive for insurers to take risks
 4006  out of the corporation and to keep risks out of the corporation
 4007  by maintaining or increasing voluntary writings in counties or
 4008  areas in which corporation risks are highly concentrated and a
 4009  program to provide a formula under which an insurer voluntarily
 4010  taking risks out of the corporation by maintaining or increasing
 4011  voluntary writings will be relieved wholly or partially from
 4012  assessments under sub-subparagraph (b)3.a. sub-subparagraphs
 4013  (b)3.a. and b. However, any “take-out bonus” or payment to an
 4014  insurer must be conditioned on the property being insured for at
 4015  least 5 years by the insurer, unless canceled or nonrenewed by
 4016  the policyholder. If the policy is canceled or nonrenewed by the
 4017  policyholder before the end of the 5-year period, the amount of
 4018  the take-out bonus must be prorated for the time period the
 4019  policy was insured. When the corporation enters into a
 4020  contractual agreement for a take-out plan, the producing agent
 4021  of record of the corporation policy is entitled to retain any
 4022  unearned commission on such policy, and the insurer shall
 4023  either:
 4024         (I) Pay to the producing agent of record of the policy, for
 4025  the first year, an amount which is the greater of the insurer’s
 4026  usual and customary commission for the type of policy written or
 4027  a policy fee equal to the usual and customary commission of the
 4028  corporation; or
 4029         (II) Offer to allow the producing agent of record of the
 4030  policy to continue servicing the policy for a period of not less
 4031  than 1 year and offer to pay the agent the insurer’s usual and
 4032  customary commission for the type of policy written. If the
 4033  producing agent is unwilling or unable to accept appointment by
 4034  the new insurer, the new insurer shall pay the agent in
 4035  accordance with sub-sub-subparagraph (I).
 4036         b. Any credit or exemption from regular assessments adopted
 4037  under this subparagraph shall last no longer than the 3 years
 4038  following the cancellation or expiration of the policy by the
 4039  corporation. With the approval of the office, the board may
 4040  extend such credits for an additional year if the insurer
 4041  guarantees an additional year of renewability for all policies
 4042  removed from the corporation, or for 2 additional years if the
 4043  insurer guarantees 2 additional years of renewability for all
 4044  policies so removed.
 4045         c. There shall be no credit, limitation, exemption, or
 4046  deferment from emergency assessments to be collected from
 4047  policyholders pursuant to sub-subparagraph (b)3.c. (b)3.d.
 4048         4. The plan shall provide for the deferment, in whole or in
 4049  part, of the assessment of an assessable insurer, other than an
 4050  emergency assessment collected from policyholders pursuant to
 4051  sub-subparagraph (b)3.c. (b)3.d., if the office finds that
 4052  payment of the assessment would endanger or impair the solvency
 4053  of the insurer. In the event an assessment against an assessable
 4054  insurer is deferred in whole or in part, the amount by which
 4055  such assessment is deferred may be assessed against the other
 4056  assessable insurers in a manner consistent with the basis for
 4057  assessments set forth in paragraph (b).
 4058         5. Effective July 1, 2007, in order to evaluate the costs
 4059  and benefits of approved take-out plans, if the corporation pays
 4060  a bonus or other payment to an insurer for an approved take-out
 4061  plan, it shall maintain a record of the address or such other
 4062  identifying information on the property or risk removed in order
 4063  to track if and when the property or risk is later insured by
 4064  the corporation.
 4065         6. Any policy taken out, assumed, or removed from the
 4066  corporation is, as of the effective date of the take-out,
 4067  assumption, or removal, direct insurance issued by the insurer
 4068  and not by the corporation, even if the corporation continues to
 4069  service the policies. This subparagraph applies to policies of
 4070  the corporation and not policies taken out, assumed, or removed
 4071  from any other entity.
 4072         (v)1. Effective July 1, 2002, policies of the Residential
 4073  Property and Casualty Joint Underwriting Association become
 4074  policies of the corporation. All obligations, rights, assets and
 4075  liabilities of the association, including bonds, note and debt
 4076  obligations, and the financing documents pertaining to them
 4077  become those of the corporation as of July 1, 2002. The
 4078  corporation is not required to issue endorsements or
 4079  certificates of assumption to insureds during the remaining term
 4080  of in-force transferred policies.
 4081         2. Effective July 1, 2002, policies of the Florida
 4082  Windstorm Underwriting Association are transferred to the
 4083  corporation and become policies of the corporation. All
 4084  obligations, rights, assets, and liabilities of the association,
 4085  including bonds, note and debt obligations, and the financing
 4086  documents pertaining to them are transferred to and assumed by
 4087  the corporation on July 1, 2002. The corporation is not required
 4088  to issue endorsements or certificates of assumption to insureds
 4089  during the remaining term of in-force transferred policies.
 4090         3. The Florida Windstorm Underwriting Association and the
 4091  Residential Property and Casualty Joint Underwriting Association
 4092  shall take all actions necessary to further evidence the
 4093  transfers and provide the documents and instruments of further
 4094  assurance as may reasonably be requested by the corporation for
 4095  that purpose. The corporation shall execute assumptions and
 4096  instruments as the trustees or other parties to the financing
 4097  documents of the Florida Windstorm Underwriting Association or
 4098  the Residential Property and Casualty Joint Underwriting
 4099  Association may reasonably request to further evidence the
 4100  transfers and assumptions, which transfers and assumptions,
 4101  however, are effective on the date provided under this paragraph
 4102  whether or not, and regardless of the date on which, the
 4103  assumptions or instruments are executed by the corporation.
 4104  Subject to the relevant financing documents pertaining to their
 4105  outstanding bonds, notes, indebtedness, or other financing
 4106  obligations, the moneys, investments, receivables, choses in
 4107  action, and other intangibles of the Florida Windstorm
 4108  Underwriting Association shall be credited to the coastal
 4109  account of the corporation, and those of the personal lines
 4110  residential coverage account and the commercial lines
 4111  residential coverage account of the Residential Property and
 4112  Casualty Joint Underwriting Association shall be credited to the
 4113  personal lines account and the commercial lines account,
 4114  respectively, of the corporation.
 4115         4. Effective July 1, 2002, a new applicant for property
 4116  insurance coverage who would otherwise have been eligible for
 4117  coverage in the Florida Windstorm Underwriting Association is
 4118  eligible for coverage from the corporation as provided in this
 4119  subsection.
 4120         5. The transfer of all policies, obligations, rights,
 4121  assets, and liabilities from the Florida Windstorm Underwriting
 4122  Association to the corporation and the renaming of the
 4123  Residential Property and Casualty Joint Underwriting Association
 4124  as the corporation does not affect the coverage with respect to
 4125  covered policies as defined in s. 215.555(2)(c) provided to
 4126  these entities by the Florida Hurricane Catastrophe Fund. The
 4127  coverage provided by the fund to the Florida Windstorm
 4128  Underwriting Association based on its exposures as of June 30,
 4129  2002, and each June 30 thereafter shall be redesignated as
 4130  coverage for the coastal account of the corporation.
 4131  Notwithstanding any other provision of law, the coverage
 4132  provided by the fund to the Residential Property and Casualty
 4133  Joint Underwriting Association based on its exposures as of June
 4134  30, 2002, and each June 30 thereafter shall be transferred to
 4135  the personal lines account and the commercial lines account of
 4136  the corporation. Notwithstanding any other provision of law, the
 4137  coastal account shall be treated, for all Florida Hurricane
 4138  Catastrophe Fund purposes, as if it were a separate
 4139  participating insurer with its own exposures, reimbursement
 4140  premium, and loss reimbursement. Likewise, the personal lines
 4141  and commercial lines accounts shall be viewed together, for all
 4142  fund purposes, as if the two accounts were one and represent a
 4143  single, separate participating insurer with its own exposures,
 4144  reimbursement premium, and loss reimbursement. The coverage
 4145  provided by the fund to the corporation shall constitute and
 4146  operate as a full transfer of coverage from the Florida
 4147  Windstorm Underwriting Association and Residential Property and
 4148  Casualty Joint Underwriting Association to the corporation.
 4149         Reviser’s note.—Paragraphs (2)(b) and (6)(q) are amended to
 4150         conform to the redesignation of s. 627.351(6)(b)3.b. as a
 4151         portion of sub-subparagraph (6)(b)3.a. by s. 15, ch. 2011
 4152         39, Laws of Florida. Paragraphs (6)(b), (c), and (q) are
 4153         amended to conform to the redesignation of s.
 4154         627.351(6)(b)3.d. as sub-subparagraph (6)(b)3.c. by s. 15,
 4155         ch. 2011-39. Paragraph (6)(c) is amended to confirm
 4156         editorial deletion of the word “policy” to improve clarity.
 4157         Paragraph (6)(v) is amended to confirm editorial insertion
 4158         of the word “Association” to conform to the complete name
 4159         of the association.
 4160         Section 78. Paragraphs (a), (b), and (c) of subsection (3)
 4161  and paragraphs (d), (e), and (f) of subsection (6) of section
 4162  627.3511, Florida Statutes, are amended to read:
 4163         627.3511 Depopulation of Citizens Property Insurance
 4164  Corporation.—
 4165         (3) EXEMPTION FROM DEFICIT ASSESSMENTS.—
 4166         (a) The calculation of an insurer’s assessment liability
 4167  under s. 627.351(6)(b)3.a. or b. shall, for an insurer that in
 4168  any calendar year removes 50,000 or more risks from the Citizens
 4169  Property Insurance Corporation, either by issuance of a policy
 4170  upon expiration or cancellation of the corporation policy or by
 4171  assumption of the corporation’s obligations with respect to in
 4172  force policies, exclude such removed policies for the succeeding
 4173  3 years, as follows:
 4174         1. In the first year following removal of the risks, the
 4175  risks are excluded from the calculation to the extent of 100
 4176  percent.
 4177         2. In the second year following removal of the risks, the
 4178  risks are excluded from the calculation to the extent of 75
 4179  percent.
 4180         3. In the third year following removal of the risks, the
 4181  risks are excluded from the calculation to the extent of 50
 4182  percent.
 4183  
 4184  If the removal of risks is accomplished through assumption of
 4185  obligations with respect to in-force policies, the corporation
 4186  shall pay to the assuming insurer all unearned premium with
 4187  respect to such policies less any policy acquisition costs
 4188  agreed to by the corporation and assuming insurer. The term
 4189  “policy acquisition costs” is defined as costs of issuance of
 4190  the policy by the corporation which includes agent commissions,
 4191  servicing company fees, and premium tax. This paragraph does not
 4192  apply to an insurer that, at any time within 5 years before
 4193  removing the risks, had a market share in excess of 0.1 percent
 4194  of the statewide aggregate gross direct written premium for any
 4195  line of property insurance, or to an affiliate of such an
 4196  insurer. This paragraph does not apply unless either at least 40
 4197  percent of the risks removed from the corporation are located in
 4198  Miami-Dade, Broward, and Palm Beach Counties, or at least 30
 4199  percent of the risks removed from the corporation are located in
 4200  such counties and an additional 50 percent of the risks removed
 4201  from the corporation are located in other coastal counties.
 4202         (b) An insurer that first wrote personal lines residential
 4203  property coverage in this state on or after July 1, 1994, is
 4204  exempt from regular deficit assessments imposed pursuant to s.
 4205  627.351(6)(b)3.a. and b., but not emergency assessments
 4206  collected from policyholders pursuant to s. 627.351(6)(b)3.c.
 4207  627.351(6)(b)3.d., of the Citizens Property Insurance
 4208  Corporation until the earlier of the following:
 4209         1. The end of the calendar year in which it first wrote 0.5
 4210  percent or more of the statewide aggregate direct written
 4211  premium for any line of residential property coverage; or
 4212         2. December 31, 1997, or December 31 of the third year in
 4213  which it wrote such coverage in this state, whichever is later.
 4214         (c) Other than an insurer that is exempt under paragraph
 4215  (b), an insurer that in any calendar year increases its total
 4216  structure exposure subject to wind coverage by 25 percent or
 4217  more over its exposure for the preceding calendar year is, with
 4218  respect to that year, exempt from deficit assessments imposed
 4219  pursuant to s. 627.351(6)(b)3.a. and b., but not emergency
 4220  assessments collected from policyholders pursuant to s.
 4221  627.351(6)(b)3.c. 627.351(6)(b)3.d., of the Citizens Property
 4222  Insurance Corporation attributable to such increase in exposure.
 4223         (6) COMMERCIAL RESIDENTIAL TAKE-OUT PLANS.—
 4224         (d) The calculation of an insurer’s regular assessment
 4225  liability under s. 627.351(6)(b)3.a. and b., but not emergency
 4226  assessments collected from policyholders pursuant to s.
 4227  627.351(6)(b)3.c. 627.351(6)(b)3.d., shall, with respect to
 4228  commercial residential policies removed from the corporation
 4229  under an approved take-out plan, exclude such removed policies
 4230  for the succeeding 3 years, as follows:
 4231         1. In the first year following removal of the policies, the
 4232  policies are excluded from the calculation to the extent of 100
 4233  percent.
 4234         2. In the second year following removal of the policies,
 4235  the policies are excluded from the calculation to the extent of
 4236  75 percent.
 4237         3. In the third year following removal of the policies, the
 4238  policies are excluded from the calculation to the extent of 50
 4239  percent.
 4240         (e) An insurer that first wrote commercial residential
 4241  property coverage in this state on or after June 1, 1996, is
 4242  exempt from regular assessments under s. 627.351(6)(b)3.a. and
 4243  b., but not emergency assessments collected from policyholders
 4244  pursuant to s. 627.351(6)(b)3.c. 627.351(6)(b)3.d., with respect
 4245  to commercial residential policies until the earlier of:
 4246         1. The end of the calendar year in which such insurer first
 4247  wrote 0.5 percent or more of the statewide aggregate direct
 4248  written premium for commercial residential property coverage; or
 4249         2. December 31 of the third year in which such insurer
 4250  wrote commercial residential property coverage in this state.
 4251         (f) An insurer that is not otherwise exempt from regular
 4252  assessments under s. 627.351(6)(b)3.a. and b. with respect to
 4253  commercial residential policies is, for any calendar year in
 4254  which such insurer increased its total commercial residential
 4255  hurricane exposure by 25 percent or more over its exposure for
 4256  the preceding calendar year, exempt from regular assessments
 4257  under s. 627.351(6)(b)3.a. and b., but not emergency assessments
 4258  collected from policyholders pursuant to s. 627.351(6)(b)3.c.
 4259  627.351(6)(b)3.d., attributable to such increased exposure.
 4260         Reviser’s note.—Amended to conform to the redesignation of s.
 4261         627.351(6)(b)3.b. as a portion of sub-subparagraph
 4262         (6)(b)3.a. by s. 15, ch. 2011-39, Laws of Florida, and the
 4263         redesignation of s. 627.351(6)(b)3.d. as sub-subparagraph
 4264         (6)(b)3.c. by s. 15, ch. 2011-39.
 4265         Section 79. Paragraph (c) of subsection (1) of section
 4266  658.48, Florida Statutes, is amended to read:
 4267         658.48 Loans.—A state bank may make loans and extensions of
 4268  credit, with or without security, subject to the following
 4269  limitations and provisions:
 4270         (1) LOANS; GENERAL LIMITATIONS.—
 4271         (c) The loan limitations stated in this section shall not
 4272  be enlarged by the provisions of any other section of this
 4273  chapter, except as provided in subsection (5) (6).
 4274         Reviser’s note.—Amended to conform to the redesignation of
 4275         subsection (6) as subsection (5) by s. 28, ch. 2011-194,
 4276         Laws of Florida.
 4277         Section 80. Subsection (12) of section 667.003, Florida
 4278  Statutes, is amended to read:
 4279         667.003 Applicability of chapter 658.—Any state savings
 4280  bank is subject to all the provisions, and entitled to all the
 4281  privileges, of the financial institutions codes except where it
 4282  appears, from the context or otherwise, that such provisions
 4283  clearly apply only to banks or trust companies organized under
 4284  the laws of this state or the United States. Without limiting
 4285  the foregoing general provisions, it is the intent of the
 4286  Legislature that the following provisions apply to a savings
 4287  bank to the same extent as if the savings bank were a “bank”
 4288  operating under such provisions:
 4289         (12) Section 658.295, relating to interstate banking.
 4290         Reviser’s note.—Amended to conform to the repeal of s. 658.295
 4291         by s. 23, ch. 2011-194, Laws of Florida.
 4292         Section 81. Subsection (1) of section 681.108, Florida
 4293  Statutes, is amended to read:
 4294         681.108 Dispute-settlement procedures.—
 4295         (1) If a manufacturer has established a procedure that the
 4296  department has certified as substantially complying with the
 4297  provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
 4298  with the provisions of this chapter and the rules adopted under
 4299  this chapter, and has informed the consumer how and where to
 4300  file a claim with such procedure pursuant to s. 681.103(3), the
 4301  provisions of s. 681.104(2) apply to the consumer only if the
 4302  consumer has first resorted to such procedure. The
 4303  decisionmakers for a certified procedure shall, in rendering
 4304  decisions, take into account all legal and equitable factors
 4305  germane to a fair and just decision, including, but not limited
 4306  to, the warranty; the rights and remedies conferred under 16
 4307  C.F.R. part 703, in effect October 1, 1983; the provisions of
 4308  this chapter; and any other equitable considerations appropriate
 4309  under the circumstances. Decisionmakers and staff for of a
 4310  procedure shall be trained in the provisions of this chapter and
 4311  in 16 C.F.R. part 703, in effect October 1, 1983. In an action
 4312  brought by a consumer concerning an alleged nonconformity, the
 4313  decision that results from a certified procedure is admissible
 4314  in evidence.
 4315         Reviser’s note.—Amended to confirm editorial substitution of the
 4316         word “for” for the word “of.”
 4317         Section 82. Subsection (4) of section 753.03, Florida
 4318  Statutes, is amended to read:
 4319         753.03 Standards for supervised visitation and supervised
 4320  exchange programs.—
 4321         (4) The clearinghouse shall submit a preliminary report
 4322  containing its recommendations for the uniform standards by
 4323  December 31, 2007, and a final report of all recommendations,
 4324  including those related to the certification and monitoring
 4325  developed to date, by December 31, 2008, to the President of the
 4326  Senate, the Speaker of the House of Representatives, and the
 4327  Chief Justice of the Supreme Court.
 4328         Reviser’s note.—Amended to delete a provision that has served
 4329         its purpose.
 4330         Section 83. Subsection (3) of section 766.1065, Florida
 4331  Statutes, is amended to read:
 4332         766.1065 Authorization for release of protected health
 4333  information.—
 4334         (3) The authorization required by this section shall be in
 4335  the following form and shall be construed in accordance with the
 4336  “Standards for Privacy of Individually Identifiable Health
 4337  Information” in 45 C.F.R. parts 160 and 164:
 4338  
 4339                    AUTHORIZATION FOR RELEASE OF                   
 4340                    PROTECTED HEALTH INFORMATION                   
 4341  
 4342         A. I, (...Name of patient or authorized
 4343         representative...) [hereinafter “Patient”], authorize
 4344         that (...Name of health care provider to whom the
 4345         presuit notice is directed...) and his/her/its
 4346         insurer(s), self-insurer(s), and attorney(s) may
 4347         obtain and disclose (within the parameters set out
 4348         below) the protected health information described
 4349         below for the following specific purposes:
 4350         1. Facilitating the investigation and evaluation
 4351         of the medical negligence claim described in the
 4352         accompanying presuit notice; or
 4353         2. Defending against any litigation arising out
 4354         of the medical negligence claim made on the basis of
 4355         the accompanying presuit notice.
 4356         B. The health information obtained, used, or
 4357         disclosed extends to, and includes, the verbal as well
 4358         as the written and is described as follows:
 4359         1. The health information in the custody of the
 4360         following health care providers who have examined,
 4361         evaluated, or treated the Patient in connection with
 4362         injuries complained of after the alleged act of
 4363         negligence: (List the name and current address of all
 4364         health care providers). This authorization extends to
 4365         any additional health care providers that may in the
 4366         future evaluate, examine, or treat the Patient for the
 4367         injuries complained of.
 4368         2. The health information in the custody of the
 4369         following health care providers who have examined,
 4370         evaluated, or treated the Patient during a period
 4371         commencing 2 years before the incident that is the
 4372         basis of the accompanying presuit notice.
 4373  
 4374         (List the name and current address of such health care
 4375         providers, if applicable.)
 4376  
 4377         C. This authorization does not apply to the
 4378         following list of health care providers possessing
 4379         health care information about the Patient because the
 4380         Patient certifies that such health care information is
 4381         not potentially relevant to the claim of personal
 4382         injury or wrongful death that is the basis of the
 4383         accompanying presuit notice.
 4384  
 4385         (List the name of each health care provider to whom
 4386         this authorization does not apply and the inclusive
 4387         dates of examination, evaluation, or treatment to be
 4388         withheld from disclosure. If none, specify “none.”)
 4389  
 4390         D. The persons or class of persons to whom the
 4391         Patient authorizes such health information to be
 4392         disclosed or by whom such health information is to be
 4393         used:
 4394         1. Any health care provider providing care or
 4395         treatment for the Patient.
 4396         2. Any liability insurer or self-insurer
 4397         providing liability insurance coverage, self
 4398         insurance, or defense to any health care provider to
 4399         whom presuit notice is given regarding the care and
 4400         treatment of the Patient.
 4401         3. Any consulting or testifying expert employed
 4402         by or on behalf of (name of health care provider to
 4403         whom presuit notice was given) and his/her/its
 4404         insurer(s), self-insurer(s), or attorney(s) regarding
 4405         to the matter of the presuit notice accompanying this
 4406         authorization.
 4407         4. Any attorney (including secretarial, clerical,
 4408         or paralegal staff) employed by or on behalf of (name
 4409         of health care provider to whom presuit notice was
 4410         given) regarding the matter of the presuit notice
 4411         accompanying this authorization.
 4412         5. Any trier of the law or facts relating to any
 4413         suit filed seeking damages arising out of the medical
 4414         care or treatment of the Patient.
 4415         E. This authorization expires upon resolution of
 4416         the claim or at the conclusion of any litigation
 4417         instituted in connection with the matter of the
 4418         presuit notice accompanying this authorization,
 4419         whichever occurs first.
 4420         F. The Patient understands that, without
 4421         exception, the Patient has the right to revoke this
 4422         authorization in writing. The Patient further
 4423         understands that the consequence of any such
 4424         revocation is that the presuit notice under s.
 4425         766.106(2), Florida Statutes, is deemed retroactively
 4426         void from the date of issuance, and any tolling effect
 4427         that the presuit notice may have had on any applicable
 4428         statute-of-limitations period is retroactively
 4429         rendered void.
 4430         G. The Patient understands that signing this
 4431         authorization is not a condition for continued
 4432         treatment, payment, enrollment, or eligibility for
 4433         health plan benefits.
 4434         H. The Patient understands that information used
 4435         or disclosed under this authorization may be subject
 4436         to additional disclosure by the recipient and may not
 4437         be protected by federal HIPAA privacy regulations.
 4438  
 4439         Signature of Patient/Representative: ....
 4440         Date: ....
 4441         Name of Patient/Representative: ....
 4442         Description of Representative’s Authority: ....
 4443         Reviser’s note.—Amended to confirm editorial deletion of the
 4444         word “to” following the word “regarding.”
 4445         Section 84. Subsection (2) of section 794.056, Florida
 4446  Statutes, is amended to read:
 4447         794.056 Rape Crisis Program Trust Fund.—
 4448         (2) The Department of Health shall establish by rule
 4449  criteria consistent with the provisions of s. 794.055(3)(b)
 4450  794.055(3)(a) for distributing moneys from the trust fund to
 4451  rape crisis centers.
 4452         Reviser’s note.—Amended to improve clarity and correct an
 4453         apparent error. Section 794.055(3)(b) relates to
 4454         distribution of moneys in the Rape Crisis Program Trust
 4455         Fund. Paragraph (3)(a) of that section states that the
 4456         Department of Health is to contract with the statewide
 4457         nonprofit association, and that the association is to
 4458         receive 95 percent of the moneys appropriated from the
 4459         trust fund.
 4460         Section 85. Paragraph (b) of subsection (1) of section
 4461  847.0141, Florida Statutes, is amended to read:
 4462         847.0141 Sexting; prohibited acts; penalties.—
 4463         (1) A minor commits the offense of sexting if he or she
 4464  knowingly:
 4465         (b) Possesses a photograph or video of any person that was
 4466  transmitted or distributed by another minor which depicts
 4467  nudity, as defined in s. 847.001(9), and is harmful to minors,
 4468  as defined in s. 847.001(6). A minor does not violate paragraph
 4469  this paragraph if all of the following apply:
 4470         1. The minor did not solicit the photograph or video.
 4471         2. The minor took reasonable steps to report the photograph
 4472  or video to the minor’s legal guardian or to a school or law
 4473  enforcement official.
 4474         3. The minor did not transmit or distribute the photograph
 4475  or video to a third party.
 4476         Reviser’s note.—Amended to confirm editorial deletion of the
 4477         word “paragraph” preceding the word “this.”
 4478         Section 86. Paragraph (d) of subsection (11) of section
 4479  893.055, Florida Statutes, is amended to read:
 4480         893.055 Prescription drug monitoring program.—
 4481         (11) The department may establish a direct-support
 4482  organization that has a board consisting of at least five
 4483  members to provide assistance, funding, and promotional support
 4484  for the activities authorized for the prescription drug
 4485  monitoring program.
 4486         (d) The direct-support organization shall operate under
 4487  written contract with the department. The contract must, at a
 4488  minimum, provide for:
 4489         1. Approval of the articles of incorporation and bylaws of
 4490  the direct-support organization by the department.
 4491         2. Submission of an annual budget for the approval of the
 4492  department.
 4493         3. Certification by the department in consultation with the
 4494  department that the direct-support organization is complying
 4495  with the terms of the contract in a manner consistent with and
 4496  in furtherance of the goals and purposes of the prescription
 4497  drug monitoring program and in the best interests of the state.
 4498  Such certification must be made annually and reported in the
 4499  official minutes of a meeting of the direct-support
 4500  organization.
 4501         4. The reversion, without penalty, to the state of all
 4502  moneys and property held in trust by the direct-support
 4503  organization for the benefit of the prescription drug monitoring
 4504  program if the direct-support organization ceases to exist or if
 4505  the contract is terminated.
 4506         5. The fiscal year of the direct-support organization,
 4507  which must begin July 1 of each year and end June 30 of the
 4508  following year.
 4509         6. The disclosure of the material provisions of the
 4510  contract to donors of gifts, contributions, or bequests,
 4511  including such disclosure on all promotional and fundraising
 4512  publications, and an explanation to such donors of the
 4513  distinction between the department and the direct-support
 4514  organization.
 4515         7. The direct-support organization’s collecting, expending,
 4516  and providing of funds to the department for the development,
 4517  implementation, and operation of the prescription drug
 4518  monitoring program as described in this section and s. 2,
 4519  chapter 2009-198, Laws of Florida, as long as the task force is
 4520  authorized. The direct-support organization may collect and
 4521  expend funds to be used for the functions of the direct-support
 4522  organization’s board of directors, as necessary and approved by
 4523  the department. In addition, the direct-support organization may
 4524  collect and provide funding to the department in furtherance of
 4525  the prescription drug monitoring program by:
 4526         a. Establishing and administering the prescription drug
 4527  monitoring program’s electronic database, including hardware and
 4528  software.
 4529         b. Conducting studies on the efficiency and effectiveness
 4530  of the program to include feasibility studies as described in
 4531  subsection (13).
 4532         c. Providing funds for future enhancements of the program
 4533  within the intent of this section.
 4534         d. Providing user training of the prescription drug
 4535  monitoring program, including distribution of materials to
 4536  promote public awareness and education and conducting workshops
 4537  or other meetings, for health care practitioners, pharmacists,
 4538  and others as appropriate.
 4539         e. Providing funds for travel expenses.
 4540         f. Providing funds for administrative costs, including
 4541  personnel, audits, facilities, and equipment.
 4542         g. Fulfilling all other requirements necessary to implement
 4543  and operate the program as outlined in this section.
 4544         Reviser’s note.—Amended to remove redundant language and improve
 4545         clarity.
 4546         Section 87. Subsections (6) and (7) of section 893.138,
 4547  Florida Statutes, are amended to read:
 4548         893.138 Local administrative action to abate drug-related,
 4549  prostitution-related, or stolen-property-related public
 4550  nuisances and criminal gang activity.—
 4551         (6) An order entered under subsection (5) (4) shall expire
 4552  after 1 year or at such earlier time as is stated in the order.
 4553         (7) An order entered under subsection (5) (4) may be
 4554  enforced pursuant to the procedures contained in s. 120.69. This
 4555  subsection does not subject a municipality that creates a board
 4556  under this section, or the board so created, to any other
 4557  provision of chapter 120.
 4558         Reviser’s note.—Amended to conform to the redesignation of
 4559         subsection (4) as subsection (5) by s. 27, ch. 2011-141,
 4560         Laws of Florida.
 4561         Section 88. Subsection (3) and paragraph (d) of subsection
 4562  (4) of section 943.25, Florida Statutes, are amended to read:
 4563         943.25 Criminal justice trust funds; source of funds; use
 4564  of funds.—
 4565         (3) The commission shall, by rule, establish, implement,
 4566  supervise, and evaluate the expenditures of the Criminal Justice
 4567  Standards and Training Trust Fund for approved advanced and
 4568  specialized training program courses. Criminal justice training
 4569  school enhancements may be authorized by the commission subject
 4570  to the provisions of subsection (6) (7). The commission may
 4571  approve the training of appropriate support personnel when it
 4572  can be demonstrated that these personnel directly support the
 4573  criminal justice function.
 4574         (4) The commission shall authorize the establishment of
 4575  regional training councils to advise and assist the commission
 4576  in developing and maintaining a plan assessing regional criminal
 4577  justice training needs and to act as an extension of the
 4578  commission in the planning, programming, and budgeting for
 4579  expenditures of the moneys in the Criminal Justice Standards and
 4580  Training Trust Fund.
 4581         (d) A public criminal justice training school must be
 4582  designated by the commission to receive and distribute the
 4583  disbursements authorized under subsection (8) (9).
 4584         Reviser’s note.—Amended to conform to the renumbering of
 4585         subunits within the section as a result of the repeal of
 4586         subsection (3) by s. 8, ch. 2011-52, Laws of Florida.
 4587         Section 89. Subsection (48) of section 984.03, Florida
 4588  Statutes, is amended to read:
 4589         984.03 Definitions.—When used in this chapter, the term:
 4590         (48) “Serious or habitual juvenile offender program” means
 4591  the program established in s. 985.47.
 4592         Reviser’s note.—Amended to conform to the repeal of s. 985.47 by
 4593         s. 4, ch. 2011-70, Laws of Florida.
 4594         Section 90. Paragraphs (a), (b), (c), (d), (e), and (g) of
 4595  subsection (5) of section 985.0301, Florida Statutes, are
 4596  amended to read:
 4597         985.0301 Jurisdiction.—
 4598         (5)(a) Notwithstanding ss. 743.07, 985.43, 985.433,
 4599  985.435, 985.439, and 985.441, and except as provided in ss.
 4600  985.461, and 985.465, and 985.47 and paragraph (f), when the
 4601  jurisdiction of any child who is alleged to have committed a
 4602  delinquent act or violation of law is obtained, the court shall
 4603  retain jurisdiction, unless relinquished by its order, until the
 4604  child reaches 19 years of age, with the same power over the
 4605  child which the court had before the child became an adult. For
 4606  the purposes of s. 985.461, the court may retain jurisdiction
 4607  for an additional 365 days following the child’s 19th birthday
 4608  if the child is participating in transition-to-adulthood
 4609  services. The additional services do not extend involuntary
 4610  court-sanctioned residential commitment and therefore require
 4611  voluntary participation by the affected youth.
 4612         (b) Notwithstanding ss. 743.07 and 985.455(3), and except
 4613  as provided in s. 985.47, the term of any order placing a child
 4614  in a probation program must be until the child’s 19th birthday
 4615  unless he or she is released by the court on the motion of an
 4616  interested party or on his or her own motion.
 4617         (c) Notwithstanding ss. 743.07 and 985.455(3), and except
 4618  as provided in s. 985.47, the term of the commitment must be
 4619  until the child is discharged by the department or until he or
 4620  she reaches the age of 21 years. Notwithstanding ss. 743.07,
 4621  985.435, 985.437, 985.439, 985.441, 985.455, and 985.513, and
 4622  except as provided in this section and s. 985.47, a child may
 4623  not be held under a commitment from a court under s. 985.439, s.
 4624  985.441(1)(a) or (b), or s. 985.455 after becoming 21 years of
 4625  age.
 4626         (d) The court may retain jurisdiction over a child
 4627  committed to the department for placement in a juvenile prison
 4628  or in a high-risk or maximum-risk residential commitment program
 4629  to allow the child to participate in a juvenile conditional
 4630  release program pursuant to s. 985.46. The jurisdiction of the
 4631  court may not be retained after beyond the child’s 22nd
 4632  birthday. However, if the child is not successful in the
 4633  conditional release program, the department may use the transfer
 4634  procedure under s. 985.441(4).
 4635         (e) The court may retain jurisdiction over a child
 4636  committed to the department for placement in an intensive
 4637  residential treatment program for 10-year-old to 13-year-old
 4638  offenders, in the residential commitment program in a juvenile
 4639  prison, in a residential sex offender program, or in a program
 4640  for serious or habitual juvenile offenders as provided in s.
 4641  985.47 or s. 985.483 until the child reaches the age of 21. If
 4642  the court exercises this jurisdiction retention, it shall do so
 4643  solely for the purpose of the child completing the intensive
 4644  residential treatment program for 10-year-old to 13-year-old
 4645  offenders, in the residential commitment program in a juvenile
 4646  prison, in a residential sex offender program, or the program
 4647  for serious or habitual juvenile offenders. Such jurisdiction
 4648  retention does not apply for other programs, other purposes, or
 4649  new offenses.
 4650         (g)1. Notwithstanding ss. 743.07 and 985.455(3), a serious
 4651  or habitual juvenile offender shall not be held under commitment
 4652  from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565
 4653  after becoming 21 years of age. This subparagraph shall apply
 4654  only for the purpose of completing the serious or habitual
 4655  juvenile offender program under this chapter and shall be used
 4656  solely for the purpose of treatment.
 4657         2. The court may retain jurisdiction over a child who has
 4658  been placed in a program or facility for serious or habitual
 4659  juvenile offenders until the child reaches the age of 21,
 4660  specifically for the purpose of the child completing the
 4661  program.
 4662         Reviser’s note.—Amended to conform to the repeal of s. 985.47 by
 4663         s. 4, ch. 2011-70, Laws of Florida, and the repeal of s.
 4664         985.483 by s. 5, ch. 2011-70. Paragraph (5)(d) is amended
 4665         to confirm editorial deletion of the word “beyond”
 4666         following the word “after.”
 4667         Section 91. Paragraph (a) of subsection (3) of section
 4668  985.14, Florida Statutes, is amended to read:
 4669         985.14 Intake and case management system.—
 4670         (3) The intake and case management system shall facilitate
 4671  consistency in the recommended placement of each child, and in
 4672  the assessment, classification, and placement process, with the
 4673  following purposes:
 4674         (a) An individualized, multidisciplinary assessment process
 4675  that identifies the priority needs of each individual child for
 4676  rehabilitation and treatment and identifies any needs of the
 4677  child’s parents or guardians for services that would enhance
 4678  their ability to provide adequate support, guidance, and
 4679  supervision for the child. This process shall begin with the
 4680  detention risk assessment instrument and decision, shall include
 4681  the intake preliminary screening and comprehensive assessment
 4682  for substance abuse treatment services, mental health services,
 4683  retardation services, literacy services, and other educational
 4684  and treatment services as components, additional assessment of
 4685  the child’s treatment needs, and classification regarding the
 4686  child’s risks to the community and, for a serious or habitual
 4687  delinquent child, shall include the assessment for placement in
 4688  a serious or habitual delinquent children program under s.
 4689  985.47. The completed multidisciplinary assessment process shall
 4690  result in the predisposition report.
 4691         Reviser’s note.—Amended to conform to the repeal of s. 985.47 by
 4692         s. 4, ch. 2011-70, Laws of Florida.
 4693         Section 92. Paragraph (c) of subsection (1) of section
 4694  985.441, Florida Statutes, is amended to read:
 4695         985.441 Commitment.—
 4696         (1) The court that has jurisdiction of an adjudicated
 4697  delinquent child may, by an order stating the facts upon which a
 4698  determination of a sanction and rehabilitative program was made
 4699  at the disposition hearing:
 4700         (c) Commit the child to the department for placement in a
 4701  program or facility for serious or habitual juvenile offenders
 4702  in accordance with s. 985.47.
 4703         1. Following a delinquency adjudicatory hearing under s.
 4704  985.35 and a delinquency disposition hearing under s. 985.433
 4705  that results in a commitment determination, the court shall, on
 4706  its own or upon request by the state or the department,
 4707  determine whether the protection of the public requires that the
 4708  child be placed in a program for serious or habitual juvenile
 4709  offenders and whether the particular needs of the child would be
 4710  best served by a program for serious or habitual juvenile
 4711  offenders as provided in s. 985.47. The determination shall be
 4712  made under s. ss. 985.47(1) and 985.433(7).
 4713         2. Any commitment of a child to a program or facility for
 4714  serious or habitual juvenile offenders must be for an
 4715  indeterminate period of time, but the time may not exceed the
 4716  maximum term of imprisonment that an adult may serve for the
 4717  same offense.
 4718         Reviser’s note.—Amended to conform to the repeal of s. 985.47 by
 4719         s. 4, ch. 2011-70, Laws of Florida.
 4720         Section 93. Subsection (1) of section 1002.33, Florida
 4721  Statutes, is amended to read:
 4722         1002.33 Charter schools.—
 4723         (1) AUTHORIZATION.—Charter schools shall be part of the
 4724  state’s program of public education. All charter schools in
 4725  Florida are public schools. A charter school may be formed by
 4726  creating a new school or converting an existing public school to
 4727  charter status. A charter school may operate a virtual charter
 4728  school pursuant to s. 1002.45(1)(d) to provide full-time online
 4729  instruction to eligible students, pursuant to s. 1002.455, in
 4730  kindergarten through grade 12. A charter school must amend its
 4731  charter or submit a new application pursuant to subsection (6)
 4732  to become a virtual charter school. A virtual charter school is
 4733  subject to the requirements of this section; however, a virtual
 4734  charter school is exempt from subsections (18) and (19),
 4735  subparagraphs (20)(a)2., 4., 5., and 7. (20)(a)2.-5., paragraph
 4736  (20)(c), and s. 1003.03. A public school may not use the term
 4737  charter in its name unless it has been approved under this
 4738  section.
 4739         Reviser’s note.—Amended to conform to the redesignation of
 4740         subparagraphs (20)(a)2.-5. as subparagraphs (20)(a)2., 4.,
 4741         5., and 7. by s. 8, ch. 2011-55, Laws of Florida.
 4742         Section 94. Paragraph (b) of subsection (2) of section
 4743  1003.498, Florida Statutes, is amended to read:
 4744         1003.498 School district virtual course offerings.—
 4745         (2) School districts may offer virtual courses for students
 4746  enrolled in the school district. These courses must be
 4747  identified in the course code directory. Students who meet the
 4748  eligibility requirements of s. 1002.455 may participate in these
 4749  virtual course offerings.
 4750         (b) Any eligible student who is enrolled in a school
 4751  district may register and enroll in an online course offered by
 4752  any other school district in the state, except as limited by the
 4753  following:
 4754         1. A student may not enroll in a course offered through a
 4755  virtual instruction program provided pursuant to s. 1002.45.
 4756         2. A student may not enroll in a virtual course offered by
 4757  another school district if:
 4758         a. The course is offered online by the school district in
 4759  which the student resides; or
 4760         b. The course is offered in the school in which the student
 4761  is enrolled. However, a student may enroll in an online course
 4762  offered by another school district if the school in which the
 4763  student is enrolled offers the course but the student is unable
 4764  to schedule the course in his or her school.
 4765         3. The school district in which the student completes the
 4766  course shall report the student’s completion of that course for
 4767  funding pursuant to s. 1011.61(1)(c)1.b.(VI)
 4768  1011.61(1)(c)b.(VI), and the home school district shall not
 4769  report the student for funding for that course.
 4770  
 4771  For purposes of this paragraph, the combined total of all school
 4772  district reported FTE may not be reported as more than 1.0 full
 4773  time equivalent student in any given school year. The Department
 4774  of Education shall establish procedures to enable interdistrict
 4775  coordination for the delivery and funding of this online option.
 4776         Reviser’s note.—Amended to confirm editorial substitution of the
 4777         reference to s. 1011.61(1)(c)1.b.(VI) for a reference to s.
 4778         1011.61(1)(c)b.(VI) to conform to the complete citation for
 4779         the provision created by s. 9, ch. 2011-137, relating to
 4780         FTE calculation for funding for completion of an online
 4781         course in a district other than the student’s home
 4782         district.
 4783         Section 95. Paragraph (d) of subsection (5) of section
 4784  1004.41, Florida Statutes, is amended to read:
 4785         1004.41 University of Florida; J. Hillis Miller Health
 4786  Center.—
 4787         (5)
 4788         (d) For purposes of sovereign immunity pursuant to s.
 4789  768.28(2), Shands Jacksonville Medical Center, Inc., Shands
 4790  Jacksonville HealthCare, Inc., and any not-for-profit subsidiary
 4791  which directly delivers health care services and whose governing
 4792  board is chaired by the President of the University of Florida
 4793  or his or her designee and is controlled by the University of
 4794  Florida Board of Trustees, which may act through the president
 4795  of the university or his or her designee and whose primary
 4796  purpose is the support of the University of Florida Board of
 4797  Trustees’ health affairs mission, shall be conclusively deemed
 4798  corporations primarily acting as instrumentalities of the state.
 4799         Reviser’s note.—Amended to confirm editorial insertion of the
 4800         word “her.”
 4801         Section 96. Subsection (5) of section 1007.28, Florida
 4802  Statutes, is amended to read:
 4803         1007.28 Computer-assisted student advising system.—The
 4804  Department of Education, in conjunction with the Board of
 4805  Governors, shall establish and maintain a single, statewide
 4806  computer-assisted student advising system, which must be an
 4807  integral part of the process of advising, registering, and
 4808  certifying students for graduation and must be accessible to all
 4809  Florida students. The state universities and Florida College
 4810  System institutions shall interface institutional systems with
 4811  the computer-assisted advising system required by this section.
 4812  The State Board of Education and the Board of Governors shall
 4813  specify in the statewide articulation agreement required by s.
 4814  1007.23(1) the roles and responsibilities of the department, the
 4815  state universities, and the Florida College System institutions
 4816  in the design, implementation, promotion, development, and
 4817  analysis of the system. The system shall consist of a degree
 4818  audit and an articulation component that includes the following
 4819  characteristics:
 4820         (5) The system must provide the admissions application for
 4821  transient students who are undergraduate students currently
 4822  enrolled and pursuing a degree at a public postsecondary
 4823  educational institution and who want to enroll in a course
 4824  listed in the Florida Higher Education Distance Learning Leaning
 4825  Catalog which is offered by a public postsecondary educational
 4826  institution that is not the student’s degree-granting
 4827  institution. This system must include the electronic transfer
 4828  and receipt of information and records for the following
 4829  functions:
 4830         (a) Admissions and readmissions;
 4831         (b) Financial aid; and
 4832         (c) Transfer of credit awarded by the institution offering
 4833  the distance learning course to the transient student’s degree
 4834  granting institution.
 4835         Reviser’s note.—Amended to confirm editorial substitution of the
 4836         word “Learning” for the word “Leaning” to conform to the
 4837         correct name of the catalog.
 4838         Section 97. Section 1010.82, Florida Statutes, is amended
 4839  to read:
 4840         1010.82 Textbook Bid Trust Fund.—Chapter 99-36, Laws of
 4841  Florida, re-created the Textbook Bid Trust Fund to record the
 4842  revenue and disbursements of textbook bid performance deposits
 4843  submitted to the Department of Education as required in s.
 4844  1006.33 1006.32.
 4845         Reviser’s note.—Amended to correct an apparent error and
 4846         facilitate correct interpretation. Section 233.15, 2001
 4847         Florida Statutes, which related to the deposit of funds
 4848         required to be paid by each publisher or manufacturer of
 4849         instructional materials upon submission of a bid or
 4850         proposal to the Department of Education into the Textbook
 4851         Bid Trust Fund, was repealed by s. 1058, ch. 2002-387, Laws
 4852         of Florida. That language was recreated as s. 1006.33(3) by
 4853         s. 308, ch. 2002-387. Similar language was not recreated in
 4854         s. 1006.32, which relates to prohibited acts with regard to
 4855         instructional materials.
 4856         Section 98. Paragraph (b) of subsection (3) of section
 4857  1011.71, Florida Statutes, is amended to read:
 4858         1011.71 District school tax.—
 4859         (3)
 4860         (b) Local funds generated by the additional 0.25 mills
 4861  authorized in paragraph (b) and state funds provided pursuant to
 4862  s. 1011.62(5) may not be included in the calculation of the
 4863  Florida Education Finance Program in 2011-2012 or any subsequent
 4864  year and may not be incorporated in the calculation of any hold
 4865  harmless or other component of the Florida Education Finance
 4866  Program in any year, except as provided in paragraph (c) (d).
 4867         Reviser’s note.—Amended to conform to the redesignation of
 4868         paragraph (d) as paragraph (c) as a result of the repeal of
 4869         former paragraph (b) by s. 36, ch. 2011-55, Laws of
 4870         Florida.
 4871         Section 99. Subsection (3) of section 1011.81, Florida
 4872  Statutes, is amended to read:
 4873         1011.81 Florida College System Program Fund.—
 4874         (3) State funds provided for the Florida College System
 4875  Community College Program Fund may not be expended for the
 4876  education of state or federal inmates.
 4877         Reviser’s note.—Amended to confirm editorial substitution of the
 4878         words “Florida College System” for the words “Community
 4879         College” to conform to the renaming of the fund by s. 176,
 4880         ch. 2011-5, Laws of Florida.
 4881         Section 100. Paragraph (c) of subsection (4) and subsection
 4882  (5) of section 1013.33, Florida Statutes, are amended to read:
 4883         1013.33 Coordination of planning with local governing
 4884  bodies.—
 4885         (4)
 4886         (c) If the state land planning agency enters a final order
 4887  that finds that the interlocal agreement is inconsistent with
 4888  the requirements of subsection (3) or this subsection, the state
 4889  land planning agency shall forward it to the Administration
 4890  Commission, which may impose sanctions against the local
 4891  government pursuant to s. 163.3184(8) 163.3184(11) and may
 4892  impose sanctions against the district school board by directing
 4893  the Department of Education to withhold an equivalent amount of
 4894  funds for school construction available pursuant to ss. 1013.65,
 4895  1013.68, 1013.70, and 1013.72.
 4896         (5) If an executed interlocal agreement is not timely
 4897  submitted to the state land planning agency for review, the
 4898  state land planning agency shall, within 15 working days after
 4899  the deadline for submittal, issue to the local government and
 4900  the district school board a notice to show cause why sanctions
 4901  should not be imposed for failure to submit an executed
 4902  interlocal agreement by the deadline established by the agency.
 4903  The agency shall forward the notice and the responses to the
 4904  Administration Commission, which may enter a final order citing
 4905  the failure to comply and imposing sanctions against the local
 4906  government and district school board by directing the
 4907  appropriate agencies to withhold at least 5 percent of state
 4908  funds pursuant to s. 163.3184(8) 163.3184(11) and by directing
 4909  the Department of Education to withhold from the district school
 4910  board at least 5 percent of funds for school construction
 4911  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
 4912  1013.72.
 4913         Reviser’s note.—Amended to conform to the redesignation of s.
 4914         163.3184(11) as s. 163.3184(8) by s. 17, ch. 2011-139, Laws
 4915         of Florida.
 4916         Section 101. Subsection (6) of section 1013.36, Florida
 4917  Statutes, is amended to read:
 4918         1013.36 Site planning and selection.—
 4919         (6) If the school board and local government have entered
 4920  into an interlocal agreement pursuant to s. 1013.33(2) and
 4921  either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
 4922  process to ensure consistency between the local government
 4923  comprehensive plan and the school district educational
 4924  facilities plan, site planning and selection must be consistent
 4925  with the interlocal agreements and the plans.
 4926         Reviser’s note.—Amended to conform to the repeal of s.
 4927         163.3177(6)(h)4. by s. 12, ch. 2011-139, Laws of Florida.
 4928         Section 102. Paragraph (a) of subsection (1) of section
 4929  1013.51, Florida Statutes, is amended to read:
 4930         1013.51 Expenditures authorized for certain
 4931  infrastructure.—
 4932         (1)(a) Subject to exemption from the assessment of fees
 4933  pursuant to s. 1013.371(1) 1013.37(1), education boards, boards
 4934  of county commissioners, municipal boards, and other agencies
 4935  and boards of the state may expend funds, separately or
 4936  collectively, by contract or agreement, for the placement,
 4937  paving, or maintaining of any road, byway, or sidewalk if the
 4938  road, byway, or sidewalk is contiguous to or runs through the
 4939  property of any educational plant or for the maintenance or
 4940  improvement of the property of any educational plant or of any
 4941  facility on such property. Expenditures may also be made for
 4942  sanitary sewer, water, stormwater, and utility improvements
 4943  upon, or contiguous to, and for the installation, operation, and
 4944  maintenance of traffic control and safety devices upon, or
 4945  contiguous to, any existing or proposed educational plant.
 4946         Reviser’s note.—Amended to correct an apparent error and
 4947         facilitate correct interpretation. There is no reference to
 4948         fees in s. 1013.37(1); it relates to the adoption and
 4949         standards of a uniform statewide building code for the
 4950         planning and construction of public educational facilities.
 4951         Section 1013.371(1) provides that public and ancillary
 4952         plans constructed by a board are exempt from the assessment
 4953         of certain fees.
 4954         Section 103. This act shall take effect on the 60th day
 4955  after adjournment sine die of the session of the Legislature in
 4956  which enacted.