Senate Bill 1194er

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  1

  2         An act relating to the Department of State;

  3         creating s. 250.115, F.S.; providing for the

  4         organization and operation of a direct-support

  5         organization for the Department of Military

  6         Affairs and the Florida National Guard;

  7         providing definitions; providing for a board of

  8         directors; providing for the use of property,

  9         facilities, and personal services of the

10         Department of Military Affairs by the

11         direct-support organization; providing

12         restrictions; providing for submission of

13         annual budgets and reports; amending s.

14         266.0016, F.S.; providing additional powers of

15         the Historic Pensacola Preservation Board of

16         Trustees; requiring the Division of Historical

17         Resources and the Historic Pensacola

18         Preservation Board of Trustees, in conjunction

19         with specified entities, to develop a

20         regionally based historic preservation plan for

21         West Florida; providing elements of the plan;

22         requiring submission of the plan to the

23         Legislature by a specified date; amending s.

24         15.01, F.S.; striking a reference to

25         performance by the Secretary of State of

26         constitutional duties; amending s. 20.03, F.S.;

27         redefining the term "cabinet" as used in

28         provisions relating to the structure of the

29         executive branch to conform to changes made to

30         the State Constitution; amending s. 20.10,

31         F.S.; providing for the structure of the


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  1         Department of State and providing for the

  2         appointment, term of office, and duties of the

  3         head of the department; amending s. 30.17,

  4         F.S.; providing for phaseout of sheriff's

  5         execution docket; amending s. 30.231, F.S.;

  6         clarifying seizure of property for levy;

  7         amending s. 55.10, F.S.; increasing the time

  8         period to rerecord a lien in order to get the

  9         lien extended for a certain time; providing for

10         application; creating s. 55.201, F.S.;

11         requiring the Department of State to establish

12         a database of judgment lien records; creating

13         s. 55.202, F.S.; providing for acquisition of a

14         judgment lien on personal property; creating s.

15         55.203, F.S.; providing requirements for the

16         content, recording, and indexing of judgment

17         lien certificates by the Department of State;

18         creating s. 55.204, F.S.; providing for lapse

19         of a judgment lien; providing for acquisition

20         of a second judgment lien; creating s. 55.205,

21         F.S.; providing for the effect of a judgment

22         lien; creating s. 55.206, F.S.; providing for

23         amendment, termination, partial release,

24         assignment, continuation, tolling, or

25         correction of a recorded judgment lien;

26         creating s. 55.207, F.S.; providing for filing

27         and effect of a correction statement as to a

28         judgment lien record; creating s. 55.208, F.S.;

29         providing for phaseout of the effect of writs

30         of execution delivered to a sheriff prior to a

31         date certain; creating s. 55.209, F.S.;


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  1         providing for the responsibilities of the

  2         Department of State and for filing fees;

  3         amending s. 55.604, F.S.; eliminating

  4         requirement for the filing of a foreign

  5         judgment with the Department of State;

  6         conditioning the effect of a foreign judgment

  7         as a lien on personal property in this state

  8         based on the recording of a lien certificate;

  9         amending s. 56.21, F.S.; providing for notice

10         of levy and execution sale and affidavit of

11         levying creditor to judgment creditors and

12         certain secured creditors; amending s. 56.27,

13         F.S.; providing for distribution of money

14         collected under execution; amending s. 56.29,

15         F.S.; clarifying who may file an affidavit for

16         purposes of supplementary proceedings; amending

17         s. 77.01, F.S.; providing entities with right

18         to writ of garnishment; creating s. 77.041,

19         F.S.; providing for notice of procedures for

20         asserting exemptions and requesting a hearing;

21         amending s. 77.055, F.S.; clarifying

22         requirements for service of garnishee's answer

23         and notice of right to dissolve writ of

24         garnishment; amending s. 77.06, F.S.; providing

25         for creation of judgment lien upon service of

26         writ of garnishment; amending s. 222.01, F.S.;

27         revising provisions relating to designation of

28         homestead by the owner before levy; providing

29         procedures; amending s. 222.12, F.S.; providing

30         for taking of oath before notary public

31         regarding exemptions from garnishment; amending


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  1         s. 679.301, F.S.; revising the definition of a

  2         lien creditor; providing appropriations from

  3         the Corporations Trust Fund in the Department

  4         of State; amending s. 607.1901, F.S.; providing

  5         for the transfer of funds from the Corporations

  6         Trust Fund; amending ss. 112.3144, 112.3145,

  7         F.S.; transferring certain functions relating

  8         to the disclosure of financial interests by

  9         public officers and employees from the

10         Department of State to the Florida Commission

11         on Ethics; amending ss. 112.3148, 112.3149,

12         F.S.; requiring that reports of certain gifts

13         and honoraria be filed with the Commission on

14         Ethics rather than the Secretary of State or

15         Department of State; amending s. 257.36, F.S.;

16         requiring district officers and agencies to

17         comply with certain laws relating to the

18         management of records and revising provisions

19         governing the destruction or disposition of

20         agency records; amending s. 267.072, F.S.;

21         revising programs administered by the Division

22         of Historical Resources of the Department of

23         State; amending s. 288.8175, F.S.; transferring

24         from the Department of Education to the

25         Department of State certain functions relating

26         to linkage institutes between certain

27         educational institutions and foreign countries;

28         amending s. 403.7145, F.S.; conforming

29         provisions relating to the recycling programs

30         for the capitol to changes made in the

31         structure of the executive branch by the State


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  1         Constitution; amending s. 415.1065, F.S.,

  2         relating to records management; conforming a

  3         cross-reference to changes made by the act;

  4         amending s. 526.311, F.S.; revising enforcement

  5         provisions; transferring from the Department of

  6         Legal Affairs to the Department of Agriculture

  7         and Consumer Services responsibilities as the

  8         lead agency to enforce the Motor Fuel Marketing

  9         Practices Act; revising disposition of funds

10         collected in civil actions; amending ss.

11         526.312 and 526.313, F.S., to conform; amending

12         s. 526.3135, F.S.; specifying certain required

13         reporting by the Division of Standards of the

14         Department of Agriculture and Consumer

15         Services; providing an appropriation;

16         transferring, renumbering, and amending ss.

17         617.301-617.312, F.S., relating to homeowners'

18         associations, to clarify that such provisions

19         are not administered by the Division of

20         Corporations of the Department of State;

21         amending ss. 617.0601, 617.0701, 617.0721,

22         617.0831, 712.01, 723.0751, 849.085, 849.0931,

23         F.S.; conforming cross-references; amending s.

24         849.094, F.S.; transferring from the Division

25         of Licensing of the Department of State to the

26         Department of Agriculture and Consumer Services

27         certain functions relating to the regulation of

28         game promotions; amending s. 790.06, F.S.;

29         prescribing additional standards for the

30         Department of State to consider in issuing a

31         license for a concealed weapon or firearm;


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  1         requiring the Secretary of State to make a

  2         report to the Legislature on recommended

  3         statutory changes; transferring the John and

  4         Mable Ringling Museum of Art to Florida State

  5         University; creating s. 240.711, F.S.; creating

  6         the Ringling Center for Cultural Arts;

  7         providing for its governance, for a

  8         direct-support organization, and for

  9         operations; providing powers of the university

10         and its agents and employees; repealing s.

11         265.26, F.S., relating to the Trustees of the

12         John and Mable Ringling Museum of Art;

13         repealing s. 265.261, F.S., relating to that

14         museum's direct-support organization; amending

15         s. 265.2861, F.S.; revising distributions from

16         the Cultural Institutions Trust Fund; amending

17         s. 565.02, F.S.; transferring the beverage

18         license of the museum board of trustees to the

19         direct-support organization; providing

20         effective dates.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Section 250.115, Florida Statutes, is

25  created to read:

26         250.115  Department of Military Affairs direct-support

27  organization.--

28         (1)  DEFINITIONS.--For the purposes of this section:

29         (a)  "Direct-support organization" means an

30  organization that is:

31


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  1         1.  A Florida corporation not for profit, incorporated

  2  under the provisions of chapter 617 and approved by the

  3  Department of State.

  4         2.  Organized and operated exclusively to raise funds;

  5  request and receive grants, gifts, bequests of moneys;

  6  acquire, receive, hold, invest, and administer in its own name

  7  securities, funds, or property; and make expenditures to or

  8  for the direct or indirect benefit of the Department of

  9  Military Affairs or the Florida National Guard.

10         3.  Determined by the Department of Military Affairs to

11  be operating in a manner consistent with the goals of the

12  Department of Military Affairs and the Florida National Guard

13  and in the best interest of the state. Any organization that

14  is denied certification by the Adjutant General may not use

15  the name of the Florida National Guard or the Department of

16  Military Affairs in any part of its name or its publications.

17         (b)  "Personal services" includes full-time or

18  part-time personnel as well as payroll processing.

19         (2)  BOARD OF DIRECTORS.--The organization shall be

20  governed by a board of directors. The Adjutant General, or his

21  or her designee, shall serve as president of the board. The

22  board of directors shall consist of up to 15 members appointed

23  by the Adjutant General. Up to 15 additional members shall be

24  appointed by the board of directors. The terms of office of

25  the members shall be 3 years. Members must be residents of the

26  state and highly knowledgeable about the United States

27  military, its service personnel, and its missions. In making

28  appointments, the board must consider a potential member's

29  background in community service. The Adjutant General may

30  remove any member for cause and shall fill vacancies that

31  occur.


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  1         (3)  USE OF PROPERTY.--

  2         (a)  The Adjutant General is authorized to permit the

  3  use of property, facilities, and personal services of the

  4  Department of Military Affairs by the direct-support

  5  organization, subject to the provisions of this section.

  6         (b)  The Adjutant General may prescribe by rule any

  7  condition with which a direct-support organization organized

  8  under this section must comply in order to use property,

  9  facilities, or personal services of the Department of Military

10  Affairs.

11         (c)  The Adjutant General may not permit the use of

12  property, facilities, or personal services of the Department

13  of Military Affairs by any direct-support organization

14  organized under this section that does not provide equal

15  employment opportunities to all persons regardless of race,

16  color, national origin, sex, age, or religion.

17         (4)  ACTIVITIES; RESTRICTIONS.--Any transaction or

18  agreement between the direct-support organization organized

19  pursuant to this section and another direct-support

20  organization or center of technology innovation designated

21  under s. 240.3335 must be approved by the Adjutant General.

22         (5)  ANNUAL BUDGETS AND REPORTS.--The direct-support

23  organization shall submit to the Adjutant General its federal

24  Internal Revenue Service Application for Recognition of

25  Exemption form (Form 1023) and its federal Internal Revenue

26  Service Return of Organization Exempt from Income Tax form

27  (Form 990).

28         (6)  ANNUAL AUDIT.--The direct-support organization

29  shall make provisions for an annual postaudit of its financial

30  accounts to be conducted by an independent certified public

31  accountant in accordance with rules to be promulgated by the


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  1  Adjutant General. The annual audit report shall be submitted

  2  to the Auditor General and the Adjutant General. The Adjutant

  3  General and the Auditor General may require and receive from

  4  the organization or its independent auditor any detail or

  5  supplemental data relative to the operation of the

  6  organization.

  7         Section 2.  Effective January 7, 2003, section 15.01,

  8  Florida Statutes, is amended to read:

  9         15.01  Residence, office, and duties.--The Secretary of

10  State shall reside at the seat of government and shall have

11  her or his office in the Capitol and perform the duties

12  prescribed by the State Constitution. The Department of State

13  shall have the custody of the constitution and Great Seal of

14  this state, and of the original statutes thereof, and of the

15  resolutions of the Legislature, and of all the official

16  correspondence of the Governor.  The department shall keep in

17  its office a register and an index of all official letters,

18  orders, communications, messages, documents, and other

19  official acts issued or received by the Governor or the

20  Secretary of State, and record these in a book numbered in

21  chronological order.  The Governor, before issuing any order

22  or transmission of any official letter, communication, or

23  document from the executive office or promulgation of any

24  official act or proceeding, except military orders, shall

25  deliver the same or a copy thereof to the Department of State

26  to be recorded.

27         Section 3.  Effective January 7, 2003, subsection (1)

28  of section 20.03, Florida Statutes, is amended to read:

29         20.03  Definitions.--To provide uniform nomenclature

30  throughout the structure of the executive branch, the

31  following definitions apply:


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  1         (1)  "Cabinet" means collectively the Secretary of

  2  State, Attorney General, the Chief Financial Officer, and the

  3  Comptroller, Treasurer, Commissioner of Agriculture, and

  4  Commissioner of Education, as specified in s. 4, Art. IV of

  5  the State Constitution.

  6         Section 4.  Effective January 7, 2003, section 20.10,

  7  Florida Statutes, is amended to read:

  8         20.10  Department of State.--There is created a

  9  Department of State.

10         (1)  The head of the Department of State is the

11  Secretary of State. The Secretary of State shall be appointed

12  by the Governor, subject to confirmation by the Senate, and

13  shall serve at the pleasure of the Governor. The Secretary of

14  State shall perform the functions conferred by the State

15  Constitution upon the custodian of state records.

16         (2)  The following divisions of the Department of State

17  are established:

18         (a)  Division of Elections.

19         (b)  Division of Historical Resources.

20         (c)  Division of Corporations.

21         (d)  Division of Library and Information Services.

22         (e)  Division of Licensing.

23         (f)  Division of Cultural Affairs.

24         (g)  Division of Administration.

25         Section 5.  Subsection (4) is added to section 30.17,

26  Florida Statutes, to read:

27         30.17  Sheriff to keep an execution docket.--

28         (4)  On October 1, 2001, the sheriff shall cease

29  docketing newly delivered writs of executions. The sheriff

30  shall maintain the existing docket until October 1, 2003. Upon

31  the request of any person or entity who delivered a writ of


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  1  execution to the sheriff before October 1, 2001, the sheriff

  2  shall provide written certification of the date on which the

  3  writ was delivered. Except for any certification requested by

  4  a state agency or a political subdivision of the state, the

  5  sheriff shall charge a fixed, nonrefundable fee of $20 for

  6  each certification. Fees collected under this section shall be

  7  disbursed in accordance with s. 30.231(5). The sheriff's

  8  duties under this section shall cease on October 1, 2003.

  9         Section 6.  Paragraph (d) of subsection (1) of section

10  30.231, Florida Statutes, is amended to read:

11         30.231  Sheriffs' fees for service of summons,

12  subpoenas, and executions.--

13         (1)  The sheriffs of all counties of the state in civil

14  cases shall charge fixed, nonrefundable fees for docketing and

15  service of process, according to the following schedule:

16         (d)  Executions:

17         1.  Twenty dollars for docketing and indexing each writ

18  of execution, regardless of the number of persons involved.

19         2.  Fifty dollars for each levy.

20         a.  A levy is considered made when any property or any

21  portion of the property listed or unlisted in the instructions

22  for levy is seized, or upon demand of the sheriff the writ is

23  satisfied by the defendant in lieu of seizure. Seizure

24  requires that the sheriff take actual possession, if

25  practicable, or, alternatively, constructive possession of the

26  property by order of the court.

27         b.  When the instructions are for levy upon real

28  property, a levy fee is required for each parcel described in

29  the instructions.

30         c.  When the instructions are for levy based upon

31  personal property, one fee is allowed, unless although the


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  1  property is may be seized at different locations, conditional

  2  upon all of the items being advertised collectively and the

  3  sale being held at a single location. However, if the property

  4  seized cannot be sold at one location during the same sale as

  5  advertised, but requires separate sales at different

  6  locations, the sheriff is then authorized to impose a levy fee

  7  for the property and sale at each location.

  8         3.  Twenty dollars for advertisement of sale under

  9  process.

10         4.  Twenty dollars for each sale under process.

11         5.  Twenty dollars for each deed, bill of sale, or

12  satisfaction of judgment.

13         Section 7.  Effective July 1, 2000, section 55.10,

14  Florida Statutes, is amended to read:

15         55.10  Judgments, orders, and decrees; lien of all,

16  generally; extension of liens; transfer of liens to other

17  security.--

18         (1)  A judgment, order, or decree becomes a lien on

19  real estate in any county when a certified copy of it is

20  recorded in the official records or judgment lien record of

21  the county, whichever is maintained at the time of

22  recordation, and it shall be a lien for a period of 7 years

23  from the date of the recording provided that the judgment,

24  order, or decree contains the address of the person who has a

25  lien as a result of such judgment, order, or decree or a

26  separate affidavit is recorded simultaneously with the

27  judgment, order, or decree stating the address of the person

28  who has a lien as a result of such judgment, order, or decree.

29  A judgment, order, or decree does not become a lien on real

30  estate unless the address of the person who has a lien as a

31  result of such judgment, order, or decree is contained in the


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  1  judgment, order, or decree or an affidavit with such address

  2  is simultaneously recorded with the judgment, order, or

  3  decree.

  4         (2)  The lien provided for in subsection (1) may be

  5  extended for an additional period of 10 7 years, subject to

  6  the limitation in subsection (3), by rerecording a certified

  7  copy of the judgment, order, or decree prior to the within the

  8  90-day period preceding the expiration of the lien provided

  9  for in subsection (1) and by simultaneously recording an

10  affidavit with the current address of the person who has a

11  lien as a result of the judgment, order, or decree. The one

12  additional period of 10 years shall be effective from the date

13  the judgment, order, or decree is rerecorded. The lien will

14  not be extended unless the affidavit with the current address

15  is simultaneously recorded.

16         (3)  In the event the lien is extended under subsection

17  (2), the lien of the judgment, order, or decree may be further

18  extended by re-recording a certified copy of it within the

19  90-day period preceding the expiration of the lien provided

20  for in subsection (2) and by simultaneously recording an

21  affidavit with the current address of the person who has a

22  lien as a result of such judgment, order, or decree.  The lien

23  will not be extended unless the affidavit with the current

24  address is recorded.

25         (3)(4)  In no event shall the lien upon real property

26  created by this section subsections (1), (2), and (3) be

27  extended beyond the period provided for in s. 55.081.

28         (4)  Except as otherwise provided in this subsection,

29  this act shall apply to all judgments, orders, and decrees of

30  record which constitute a lien on real property immediately

31  prior to the effective date of this act. Any judgment, order,


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  1  or decree recorded prior to July 1, 1987, shall be unaffected

  2  by the changes in this act and shall remain a lien on real

  3  property until the period provided for in s. 55.081 expires or

  4  until the lien is satisfied, whichever occurs first.

  5         (5)  This section shall be deemed to operate

  6  prospectively.

  7         (5)(6)  Any lien claimed under this section subsections

  8  (1), (2), and (3) may be transferred, by any person having an

  9  interest in the real property upon which the lien is imposed

10  or the contract under which the lien is claimed, from such

11  real property to other security by either depositing in the

12  clerk's office a sum of money or filing in the clerk's office

13  a bond executed as surety by a surety insurer licensed to do

14  business in this state. Such deposit or bond shall be in an

15  amount equal to the amount demanded in such claim of lien plus

16  interest thereon at the legal rate for 3 years plus $500 to

17  apply on any court costs which may be taxed in any proceeding

18  to enforce said lien. Such deposit or bond shall be

19  conditioned to pay any judgment, order, or decree which may be

20  rendered for the satisfaction of the lien for which such claim

21  of lien was recorded and costs plus $500 for court costs. Upon

22  such deposit being made or such bond being filed, the clerk

23  shall make and record a certificate showing the transfer of

24  the lien from the real property to the security and mail a

25  copy thereof by registered or certified mail to the lienor

26  named in the claim of lien so transferred, at the address

27  stated therein. Upon the filing of the certificate of

28  transfer, the real property shall thereupon be released from

29  the lien claimed, and such lien shall be transferred to said

30  security. The clerk shall be entitled to a fee of $10 for

31  making and serving the certificate. If the transaction


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  1  involves the transfer of multiple liens, an additional charge

  2  of $5 for each additional lien shall be charged. Any number of

  3  liens may be transferred to one such security.

  4         (6)(7)  Any excess of the security over the aggregate

  5  amount of any judgments, orders, or decrees rendered, plus

  6  costs actually taxed, shall be repaid to the party filing the

  7  security or his or her successor in interest. Any deposit of

  8  money shall be considered as paid into court and shall be

  9  subject to the provisions of law relative to payments of money

10  into court and the disposition of these payments.

11         (7)(8)  Any party having an interest in such security

12  or the property from which the lien was transferred may at any

13  time, and any number of times, file a complaint in chancery in

14  the circuit court of the county where such security is

15  deposited for an order:

16         (a)  To require additional security;

17         (b)  To require reduction of security;

18         (c)  To require change or substitution of sureties;

19         (d)  To require payment or discharge thereof; or

20         (e)  Relating to any other matter affecting said

21  security.

22         Section 8.  Effective October 1, 2001, section 55.201,

23  Florida Statutes, is created to read:

24         55.201  Central database of judgment liens on personal

25  property.--The Department of State shall maintain a database

26  of judgment lien records established in accordance with ss.

27  55.201-55.209.

28         Section 9.  Effective October 1, 2001, section 55.202,

29  Florida Statutes, is created to read:

30         55.202  Judgments, orders, and decrees; lien on

31  personal property.--


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  1         (1)  A judgment lien securing the unpaid amount of any

  2  money judgment may be acquired by the holder of a judgment

  3  entered by:

  4         (a)  A court of this state;

  5         (b)  A court of the United States having jurisdiction

  6  in this state;

  7         (c)  A court of the United States or any other state to

  8  the extent enforceable under the Florida Enforcement of

  9  Foreign Judgments Act, ss. 55.501-55.509;

10         (d)  A foreign state as defined in the Uniform

11  Out-of-Country Foreign Money-Judgment Recognition Act, ss.

12  55.601-55.607, from the time and to the extent enforceable

13  thereunder;

14         (e)  An issuing tribunal with respect to a support

15  order being enforced in this state pursuant to chapter 88; or

16         (f)  Operation of law pursuant to s. 61.14(6).

17         (2)  A judgment lien may be acquired on the judgment

18  debtor's interest in all personal property subject to

19  execution in this state, other than fixtures, money,

20  negotiable instruments, and mortgages.

21         (a)  A judgment lien is acquired by recording a

22  judgment lien certificate in accordance with s. 55.203 with

23  the Department of State after the judgment has become final

24  and if no stay of the judgment or its enforcement is in effect

25  at the time the certificate is filed.

26         (b)  For any tax lien or assessment granted by law to

27  the state or any of the political subdivisions for any tax

28  enumerated in s. 72.011, a judgment lien may be acquired by

29  recording the lien or warrant with the Department of State.

30

31


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  1         (c)  A judgment lien is effective as of the date of

  2  recording, but no lien attaches to property until the debtor

  3  acquires an interest in the property.

  4         (d)  Except as provided in s. 55.204(3), a judgment

  5  creditor may record only one effective judgment lien

  6  certificate based upon a particular judgment.

  7         (3)  Except as otherwise provided in s. 55.208, the

  8  priority of a judgment lien acquired in accordance with this

  9  section or s. 55.204(3) is established at the time the

10  judgment lien is recorded. Such judgment lien is deemed

11  recorded as of its effective date as provided in this section

12  or s. 55.204(3).

13         (4)  As used in ss. 55.201-55.209, the terms "holder of

14  a judgment" and "judgment creditor" include the Department of

15  Revenue with respect to a judgment being enforced by the

16  Department of Revenue as the state IV-D agency.

17         (5)  Liens, assessments, or judgments administered by

18  or secured on behalf of any state agency or political

19  subdivision of the state may be filed directly into the

20  central database by such agency or subdivision through

21  electronic or information data exchange programs approved by

22  the Department of State.

23         Section 10.  Effective October 1, 2001, section 55.203,

24  Florida Statutes, is created to read:

25         55.203  Judgment lien certificate; content, recording,

26  and indexing.--

27         (1)  An original judgment lien certificate, as provided

28  in s. 55.202, must include:

29         (a)  The legal name of each judgment debtor and, if a

30  recorded legal entity, the registered name and document filing

31  number as shown in the records of the Department of State.


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  1         (b)  The last known address and social security number,

  2  federal identification number, or, in the instance in which

  3  the judgment creditor is a state agency or a political

  4  subdivision of the state, a taxpayer or other distinct

  5  identification number of each judgment debtor, except that in

  6  cases of default judgment, the social security number must be

  7  included only if known, or federal employer identification

  8  number of each judgment debtor.

  9         (c)  The legal name of the judgment creditor and, if a

10  recorded legal entity, the registered name and document filing

11  number as shown in the records of the Department of State, and

12  the name of the judgment creditor's attorney or duly

13  authorized representative, if any.

14         (d)  The address and social security number or federal

15  employer identification number of the judgment creditor.

16         (e)  The identity of the court which entered the

17  judgment and the case number and the date the written judgment

18  was entered.

19         (f)  The amount due on the money judgment and the

20  applicable interest rate.

21         (g)  The signature of the judgment creditor or the

22  judgment creditor's attorney or duly authorized

23  representative.

24         (h)  With respect to a lien created by a delivery of a

25  writ of execution to a sheriff prior to October 1, 2001, an

26  affidavit by the judgment creditor which attests that the

27  person or entity possesses any documentary evidence of the

28  date of delivery of the writ, and a statement of that date or

29  a certification by the sheriff of the date as provided in s.

30  30.17(4).

31


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  1         (2)  A second judgment lien certificate, as provided in

  2  s. 55.204(3), must include the information required in

  3  subsection (1) and must state the file number assigned to the

  4  record of the original judgment lien certificate, the money

  5  amount remaining unpaid, and the interest accrued thereon.

  6         (3)  An amendment, as provided in s. 55.206, or a

  7  correction statement, as provided in s. 55.207, must state the

  8  file number of the judgment lien record to which the amendment

  9  or correction statement relates and must state the action,

10  change, or statement to be added.

11         (4)  The Department of State shall examine, for

12  compliance with ss. 55.201-55.209, each document submitted for

13  recording and shall accept or reject the document accordingly.

14  For each judgment lien certificate recorded, the department

15  shall:

16         (a)  Create a record.

17         (b)  Assign a unique file number to the record.

18         (c)  Include the date of filing of the judgment lien

19  certificate.

20         (d)  Maintain the record in a database accessible to

21  the public via the Internet.

22         (e)  Index the judgment lien certificate according to

23  the name of each judgment debtor.

24         (f)  Index all subsequently filed documents relating to

25  an original judgment lien certificate in a manner that

26  associates them to the original judgment lien certificate.

27         (5)  The validity of a judgment lien certificate

28  recorded under this section may not be defeated by technical

29  or clerical errors made in good faith which are not seriously

30  misleading, nor may any claim of estoppel be based on such

31  errors.


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  1         (6)  The Department of State shall prescribe mandatory

  2  forms of all documents to be filed under this section.

  3         Section 11.  Effective October 1, 2001, section 55.204,

  4  Florida Statutes, is created to read:

  5         55.204  Duration and continuation of judgment lien;

  6  destruction of records.--

  7         (1)  Except as provided in this section, a judgment

  8  lien acquired under s. 55.202 lapses and becomes invalid 5

  9  years after the date of recording the judgment lien

10  certificate.

11         (2)  Liens securing the payment of child support or tax

12  obligations as set forth in s. 95.091(1)(b) shall not lapse

13  until 20 years after the date of the original filing of the

14  warrant or other document required by law to establish a lien.

15  No second lien based on the original filing may be obtained.

16         (3)  At any time within 6 months before the scheduled

17  lapse of a judgment lien under subsection (1), the judgment

18  creditor may acquire a second judgment lien by recording a new

19  judgment lien certificate. The second judgment lien becomes

20  effective on the date of lapse of the original judgment lien

21  or on the date on which the judgment lien certificate is

22  recorded, whichever is later. The second judgment lien is

23  deemed recorded on its effective date. The second judgment

24  lien is deemed a new judgment lien and not a continuation of

25  the original judgment lien. The second judgment lien

26  permanently lapses and becomes invalid 5 years after its

27  effective date, and no additional liens based on the original

28  judgment may be obtained.

29         (4)  A judgment lien continues only as to itemized

30  property for an additional 90 days after lapse of the lien.

31  Such judgment lien will continue only if:


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  1         (a)  The property had been itemized and its location

  2  described with sufficient particularity in the instructions

  3  for levy;

  4         (b)  The levy had been delivered to the sheriff prior

  5  to the date of lapse of the lien to permit the sheriff to act;

  6  and

  7         (c)  The property was located in the county in which

  8  the sheriff has jurisdiction at the time of delivery of the

  9  instruction for levy. Subsequent removal of the property does

10  not defeat the lien. A court may order continuation of the

11  lien beyond the 90-day period on a showing that extraordinary

12  circumstances have prevented levy.

13         (5)  The date of lapse of a judgment lien whose

14  enforceability has been temporarily stayed or enjoined as a

15  result of any legal or equitable proceeding is tolled until 30

16  days after the stay or injunction is terminated.

17         (6)  The Department of State shall maintain each

18  judgment lien record and all information contained therein for

19  a minimum of 1 year after the judgment lien lapses in

20  accordance with this section.

21         Section 12.  Effective October 1, 2001, section 55.205,

22  Florida Statutes, is created to read:

23         55.205  Effect of judgment lien.--

24         (1)  A valid judgment lien gives the judgment creditor

25  the right to take possession of the property subject to levy

26  through writ of execution, garnishment, or other judicial

27  process. A judgment creditor who has not recorded a judgment

28  lien certificate in accordance with s. 55.203 or whose lien

29  has lapsed may nevertheless take possession of the judgment

30  debtor's property through such other judicial process. A

31  judgment creditor proceeding by writ of execution obtains a


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  1  lien as of the time of levy and only on the property levied

  2  upon. Except as provided in s. 55.208, such judgment creditor

  3  takes subject to the claims and interest of priority judgment

  4  creditors.

  5         (2)  A buyer in the ordinary course of business as

  6  defined in s. 671.201(9) takes free of a judgment lien created

  7  under this section even though the buyer knows of its

  8  existence. A valid security interest as defined in chapter 679

  9  in after-acquired property of the judgment debtor which is

10  perfected prior to the effective date of a judgment lien takes

11  priority over the judgment lien on the after-acquired

12  property.

13         Section 13.  Effective October 1, 2001, section 55.206,

14  Florida Statutes, is created to read:

15         55.206  Amendment of judgment lien record; termination,

16  partial release, assignment, continuation, tolling,

17  correction.--

18         (1)  An amendment to a judgment lien acquired under s.

19  55.202 may be recorded by the judgment creditor of record,

20  which may provide for:

21         (a)  The termination, partial release, or assignment of

22  the judgment creditor's interest in a judgment lien;

23         (b)  The continuation and termination of the

24  continuation of a judgment lien, as provided in s. 55.204(4);

25         (c)  The tolling and termination of the tolling of a

26  lapse of a judgment lien, as provided in s. 55.204(5); or

27         (d)  The correction or change of any other information

28  provided in the record of a judgment lien.

29         (2)  Within 30 days following receipt of a written

30  demand by a judgment debtor after the obligation underlying a

31  judgment lien has been fully or partially released, the


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  1  judgment lienholder must deliver to the judgment debtor a

  2  written statement indicating that there is no longer a claim

  3  for a lien on the personal property of the judgment debtor or

  4  that the judgment lien has been partially released and setting

  5  forth the value of the lien remaining unpaid as of the date of

  6  the statement. A statement signed by an assignee must include

  7  or be accompanied by a separate written acknowledgement of

  8  assignment signed by the judgment creditor of record. If the

  9  judgment lienholder fails to deliver such a statement within

10  30 days after proper written demand therefor, the judgment

11  lienholder is liable to the judgment debtor for $100, and for

12  any actual or consequential damages, including reasonable

13  attorney's fees, caused by such failure to the judgment

14  debtor.

15         (3)  The judgment debtor, the judgment creditor, or

16  assignee may file such statement with the Department of State.

17         Section 14.  Effective October 1, 2001, section 55.207,

18  Florida Statutes, is created to read:

19         55.207  Correction of judgment lien record.--

20         (1)  A person may file with the Department of State a

21  correction statement with respect to a judgment lien record,

22  as provided in s. 55.203, indexed under the person's name, if

23  the person believes that the record is inaccurate or that the

24  judgment lien certificate was wrongfully filed.

25         (2)  A correction statement must:

26         (a)  State the judgment debtor named and the file

27  number assigned to the judgment lien record to which the

28  correction statement relates;

29         (b)  Indicate that it is a correction statement;

30

31


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  1         (c)  Provide the basis for the person's belief that the

  2  judgment lien certificate was wrongfully filed or the record

  3  is inaccurate; and

  4         (d)  Indicate the manner in which the person believes

  5  the record should be corrected to cure any inaccuracy.

  6         (3)  The department shall ensure that a correction

  7  statement is indexed and available in the same manner as any

  8  recorded lien certificate in the central database of judgment

  9  lien records.

10         (4)  The filing of a correction statement does not

11  affect the effectiveness of the judgment lien or other filed

12  record.

13         Section 15.  Effective October 1, 2001, section 55.208,

14  Florida Statutes, is created to read:

15         55.208  Effect of recorded judgment lien on writs of

16  execution previously delivered to a sheriff.--

17         (1)  Any lien created by a writ of execution which has

18  been delivered to the sheriff of any county before October 1,

19  2001, remains in effect for 2 years thereafter as to any

20  property of the judgment debtor located in that county before

21  October 1, 2001, and remaining within that county after that

22  date. As to any property of the judgment debtor brought into

23  the county on or after October 1, 2001, such writs create no

24  lien, inchoate or otherwise.

25         (2)  If a judgment creditor who has delivered a writ of

26  execution to a sheriff in any county prior to October 1, 2001,

27  properly files a judgment lien certificate with the Department

28  of State by October 1, 2003, the resulting judgment lien is

29  deemed recorded on the date the writ was delivered to the

30  sheriff as to all leviable property of the judgment debtor

31  which is located in that county on October 1, 2001, and that


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  1  remains continuously in that county thereafter. As to all

  2  other property of the judgment debtor, the effective date of

  3  the judgment lien is as provided in s. 55.202. The duration of

  4  all judgment liens is as provided in s. 55.204, regardless of

  5  the date on which a lien is determined to have been recorded.

  6         (3)  If a judgment creditor who has delivered a writ of

  7  execution to a sheriff in any county before October 1, 2001,

  8  does not properly record a judgment lien certificate with the

  9  Department of State by October 1, 2003, such writ is

10  considered to have been abandoned and to be of no effect after

11  October 1, 2003.

12         Section 16.  Effective October 1, 2001, section 55.209,

13  Florida Statutes, is created to read:

14         55.209  Department of State; processing fees,

15  responsibilities.--

16         (1)  Except for liens, assessments, or judgments filed

17  electronically by a state agency or a political subdivision of

18  the state, as provided in s. 55.202(6), the Department of

19  State shall collect the following nonrefundable processing

20  fees for all documents filed or recorded in accordance with

21  ss. 55.201-55.209:

22         (a)  For any judgment lien certificate or other

23  documents permitted to be filed, $20.

24         (b)  For the certification of any recorded document,

25  $10.

26         (c)  For copies of judgment lien documents which are

27  produced by the Department of State, $1 per page or part

28  thereof. However, no charge may be collected for copies

29  provided in an online electronic format via the Internet.

30         (d)  For indexing a judgment lien by multiple judgment

31  debtor names, $5 per additional name.


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  1         (e)  For each additional facing page attached to a

  2  judgment lien certificate or document permitted to be filed or

  3  recorded, $5.

  4         (2)  Unless otherwise provided by law, the Department

  5  of State may not conduct any search of the database

  6  established under s. 55.201 to determine the existence of any

  7  judgment lien record or to perform any service other than in

  8  connection with those services for which payment of services

  9  are required under this section. The information maintained in

10  the database is for public notice purposes only and the

11  department may make no certification or determination of the

12  validity of any judgment lien acquired under ss. 55.202 and

13  55.204(3).

14         Section 17.  Effective October 1, 2001, subsection (1)

15  of section 55.604, Florida Statutes, is amended, and

16  subsection (8) is added to that section, to read:

17         55.604  Recognition and enforcement.--Except as

18  provided in s. 55.605, a foreign judgment meeting the

19  requirements of s. 55.603 is conclusive between the parties to

20  the extent that it grants or denies recovery of a sum of

21  money. Procedures for recognition and enforceability of a

22  foreign judgment shall be as follows:

23         (1)  The foreign judgment shall be filed with the

24  Department of State and the clerk of the court and recorded in

25  the public records in the county or counties where enforcement

26  is sought. The filing with the Department of State shall not

27  create a lien on any property.

28         (a)  At the time of the recording of a foreign

29  judgment, the judgment creditor shall make and record with the

30  clerk of the circuit court an affidavit setting forth the

31  name, social security number, if known, and last known


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  1  post-office address of the judgment debtor and of the judgment

  2  creditor.

  3         (b)  Promptly upon the recording of the foreign

  4  judgment and the affidavit, the clerk shall mail notice of the

  5  recording of the foreign judgment, by registered mail with

  6  return receipt requested, to the judgment debtor at the

  7  address given in the affidavit and shall make a note of the

  8  mailing in the docket. The notice shall include the name and

  9  address of the judgment creditor and of the judgment

10  creditor's attorney, if any, in this state. In addition, the

11  judgment creditor may mail a notice of the recording of the

12  judgment to the judgment debtor and may record proof of

13  mailing with the clerk. The failure of the clerk to mail

14  notice of recording will not affect the enforcement

15  proceedings if proof of mailing by the judgment creditor has

16  been recorded.

17         (8)  A judgement lien on personal property is acquired

18  only when a judgment lien certificate satisfying the

19  requirements of s. 55.203 has been recorded with the

20  Department of State.

21         Section 18.  Effective October 1, 2001, section 56.21,

22  Florida Statutes, is amended to read:

23         56.21  Execution sales; notice.--Notice of all sales

24  under execution shall be given by advertisement once each week

25  for 4 successive weeks in a newspaper published in the county

26  in which the sale is to take place. The time of such notice

27  may be shortened in the discretion of the court from which the

28  execution issued, upon affidavit that the property to be sold

29  is subject to decay and will not sell for its full value if

30  held until date of sale. On or before the date of the first

31  publication or posting of the notice of sale, a copy of the


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  1  notice of sale shall be furnished by certified mail to the

  2  attorney of record of the judgment debtor, or to the judgment

  3  debtor at the judgment debtor's last known address if the

  4  judgment debtor does not have an attorney of record. Such copy

  5  of the notice of sale shall be mailed even though a default

  6  judgment was entered. When levying upon personal property, a

  7  notice of such levy and execution sale and a copy of the

  8  affidavit required by s. 56.27(4) shall be made by the levying

  9  creditor to the attorney of record of the judgment creditor or

10  the judgment creditor who has recorded a judgment lien

11  certificate as provided in s. 55.202 or s. 55.204(3) at the

12  address listed in the judgment lien certificate, or, if

13  amended, in any amendment to the judgment lien certificate,

14  and to all secured creditors who have filed financing

15  statements as provided in s. 679.401 in the name of the

16  judgment debtor reflecting a security interest in property of

17  the kind to be sold at the execution sale at the address

18  listed in the financing statement, or, if amended, in any

19  amendment to the financing statement. Such notice shall be

20  made in the same manner as notice is made to any judgment

21  debtor under this section. When levying upon real property,

22  notice of such levy and execution sale shall be made to the

23  property owner of record in the same manner as notice is made

24  to any judgment debtor pursuant to this section. When selling

25  real or personal property, the sale date shall not be earlier

26  than 30 days after the date of the first advertisement.

27         Section 19.  Effective October 1, 2001, section 56.27,

28  Florida Statutes, is amended to read:

29         56.27  Executions; payment to execution creditor of

30  money collected.--

31


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  1         (1)  All money received under executions shall be paid,

  2  in the order prescribed, to the following: the sheriff, for

  3  costs; the levying creditor in the amount of $500 as

  4  liquidated expenses; and the judgment lienholder having the

  5  earliest recorded judgment lien acquired under ss. 55.202 and

  6  55.204(3), as set forth in an affidavit required by subsection

  7  (4), or his or her attorney, in satisfaction of the judgment

  8  lien, provided that the judgment lien has not lapsed at the

  9  time of the levy party in whose favor the execution was issued

10  or his or her attorney. The receipt of the attorney shall be a

11  release of the officer paying the money to him or her. When

12  the name of more than one attorney appears in the court file,

13  the money shall be paid to the attorney who originally

14  commenced the action or who made the original defense unless

15  the file shows that another attorney has been substituted.

16         (2)  When property sold under execution brings more

17  than the amount needed to satisfy the provisions of subsection

18  (1), the surplus shall be paid in the order of priority to any

19  judgment lienholders whose judgment liens have not lapsed.

20  Priority shall be based on the effective date of the judgment

21  lien acquired under s. 55.202 or s. 55.204(3), as set forth in

22  an affidavit required under subsection (4). If there is a

23  surplus after all valid judgment liens and execution liens

24  have been satisfied of the execution, the surplus must be paid

25  to the defendant or, if there is another writ against the

26  defendant docketed and indexed with the sheriff, the surplus

27  must be paid to the junior writ.

28         (3)  The value of the property levied upon shall not be

29  considered excessive unless the value unreasonably exceeds the

30  total debt reflected in all unsatisfied judgment liens that

31


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  1  have not lapsed and any unsatisfied lien of the levying

  2  creditor.

  3         (4)  On or before the date of the first publication or

  4  posting of the notice of sale provided for under s. 56.21, the

  5  levying creditor shall file an affidavit setting forth the

  6  following as to the judgment debtor:

  7         (a)  An attestation that the levying creditor has

  8  reviewed the database or judgment lien records established in

  9  accordance with ss. 55.201-55.209 and that the information

10  contained in the affidavit based on that review is true and

11  correct;

12         (b)  The information required under s. 55.203(1) and

13  (2) for each judgment lien certificate indexed under the name

14  of the judgment debtor as to each judgment creditor; the file

15  number assigned to the record of the original and, if any, the

16  second judgment lien; and the date of filing for each judgment

17  lien certificate under s. 55.202 or s. 55.204(3); and

18         (c)  A statement that the levying creditor either does

19  not have any other levy in process or, if another levy is in

20  process, the levying creditor believes in good faith that the

21  total value of the property under execution does not exceed

22  the amount of outstanding judgments.

23         (5)  A sheriff paying money received under an execution

24  in accordance with the information contained in the affidavit

25  under subsection (4) is not liable to anyone for damages

26  arising from a wrongful levy.

27         Section 20.  Subsection (1) of section 56.29, Florida

28  Statutes, is amended to read:

29         56.29  Proceedings supplementary.--

30         (1)  When any person or entity sheriff holds an

31  unsatisfied execution and has delivered a writ of execution to


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  1  any sheriff, the plaintiff in execution may file an affidavit

  2  so stating and that the execution is valid and outstanding and

  3  thereupon is entitled to these proceedings supplementary to

  4  execution.

  5         Section 21.  Section 77.01, Florida Statutes, is

  6  amended to read:

  7         77.01  Right to garnishment.--Every person or entity

  8  who has sued to recover a debt or has recovered judgment in

  9  any court against any person or entity, natural or corporate,

10  has a right to a writ of garnishment, in the manner

11  hereinafter provided, to subject any debt due or any debt

12  under a negotiable instrument that will become due to

13  defendant by a third person, and any tangible or intangible

14  personal property of defendant in the possession or control of

15  a third person.  The officers, agents, and employees of any

16  companies or corporations are third persons in regard to the

17  companies or corporations, and as such are subject to

18  garnishment after judgment against the companies or

19  corporations.

20         Section 22.  Section 77.041, Florida Statutes, is

21  created to read:

22         77.041  Notice to defendant for claim of exemption from

23  garnishment; procedure for hearing.--

24         (1)  Upon application for a writ of garnishment by a

25  plaintiff, the clerk of the court shall attach to the writ the

26  following "Notice to Defendant":

27

28         NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT

29               OF WAGES, MONEY, AND OTHER PROPERTY

30         The Writ of Garnishment delivered to you with this

31  Notice means that wages, money, and other property belonging


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  1  to you have been garnished to pay a court judgment against

  2  you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES,

  3  MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY.

  4         State and federal laws provide that certain wages,

  5  money, and property, even if deposited in a bank, savings and

  6  loan, or credit union, may not be taken to pay certain types

  7  of court judgments. Such wages, money, and property are exempt

  8  from garnishment. The major exemptions are listed below on the

  9  form for Claim of Exemption and Request for Hearing. This list

10  does not include all possible exemptions. You should consult a

11  lawyer for specific advice.

12         TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY

13         FROM BEING GARNISHED, OR TO GET BACK ANYTHING

14         ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR

15         CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS

16         SET FORTH BELOW AND HAVE THE FORM NOTARIZED.

17         YOU MUST FILE THE FORM WITH THE CLERK'S OFFICE

18         WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS

19         NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU

20         MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM

21         TO THE PLAINTIFF AND THE GARNISHEE AT THE

22         ADDRESSES LISTED ON THE WRIT OF GARNISHMENT.

23         If you request a hearing, it will be held as soon as

24  possible after your request is received by the court. The

25  plaintiff must file any objection within 2 business days if

26  you hand delivered to the plaintiff a copy of the form for

27  Claim of Exemption and Request for Hearing or, alternatively,

28  7 days if you mailed a copy of the form for claim and request

29  to the plaintiff. If the plaintiff files an objection to your

30  Claim of Exemption and Request for Hearing, the clerk will

31  notify you and the other parties of the time and date of the


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  1  hearing. You may attend the hearing with or without an

  2  attorney. If the plaintiff fails to file an objection, no

  3  hearing is required, the writ of garnishment will be dissolved

  4  and your wages, money, or property will be released.

  5         YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION

  6         IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR

  7         PROPERTY FROM BEING APPLIED TO THE COURT

  8         JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL

  9         ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD

10         SEE A LAWYER. IF YOU CAN'T AFFORD A PRIVATE

11         LAWYER, LEGAL SERVICES MAY BE AVAILABLE.

12         CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE

13         CLERK'S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM

14         IN YOUR AREA.

15         CLAIM OF EXEMPTION AND REQUEST FOR HEARING

16  I claim exemptions from garnishment under the following

17  categories as checked:

18           1.  Head of family wages. (You must check a

19           or b below.)

20           a.  I provide more than one-half of the

21           support for a child or other dependent and

22           have net earnings of $500 or less per week.

23           b.  I provide more than one-half of the

24           support for a child or other dependent, have

25           net earnings of more than $500 per week, but

26           have not agreed in writing to have my wages

27           garnished.

28           2.  Social Security benefits.

29           3.  Supplemental Security Income benefits.

30           4.  Public assistance (welfare).

31           5.  Workers' Compensation.


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  1           6.  Unemployment Compensation.

  2           7.  Veterans' benefits.

  3           8.  Retirement or profit-sharing benefits or

  4           pension money.

  5           9.  Life insurance benefits or cash surrender

  6           value of a life insurance policy or proceeds

  7           of annuity contract.

  8           10.  Disability income benefits.

  9           11.  Prepaid College Trust Fund or Medical

10           Savings Account.

11           12.  Other exemptions as provided by law.

12                                        (explain)

13

14  I request a hearing to decide the validity of my claim. Notice

15  of the hearing should be given to me at:

16

17  Address:                                                    

18

19  Telephone number:               

20

21  The statements made in this request are true to the best of my

22  knowledge and belief.

23

24                              

25

26  Defendant's signature

27

28  Date                 

29

30  STATE OF FLORIDA

31


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  1  COUNTY OF

  2

  3  Sworn and subscribed to before me this ........ day of

  4  ........(month and year), by (name of person making

  5  statement)....................

  6

  7  Notary Public/Deputy Clerk

  8

  9  Personally Known ........OR Produced Identification....

10

11  Type of Identification Produced....................

12         (2)  The plaintiff must mail, by first class, a copy of

13  the writ of garnishment, a copy of the motion for writ of

14  garnishment, and the "Notice to Defendant" to the defendant's

15  last known address within 5 business days after the writ is

16  issued or 3 business days after the writ is served on the

17  garnishee, whichever is later. However, if such documents are

18  returned as undeliverable by the post office, or if the last

19  known address is not discoverable after diligent search, the

20  plaintiff must mail, by first class, the documents to the

21  defendant at the defendant's place of employment. The

22  plaintiff shall file in the proceeding a certificate of such

23  service.

24         (3)  Upon the filing by a defendant of a claim of

25  exemption and request for hearing, a hearing will be held as

26  soon as is practicable to determine the validity of the

27  claimed exemptions. If the plaintiff does not file a sworn

28  written statement that contests the defendant's claim of

29  exemption within 2 business days after hand delivering the

30  claim and request or, alternatively, 7 business days, if the

31  claim and request were served by mail, no hearing is required


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  1  and the clerk must automatically dissolve the writ and notify

  2  the parties of the dissolution by mail.

  3         Section 23.  Section 77.055, Florida Statutes, is

  4  amended to read:

  5         77.055  Service of garnishee's answer and notice of

  6  right to dissolve writ Notice to defendant and other

  7  interested persons.--Within 5 days after service of the

  8  garnishee's answer on the plaintiff or after the time period

  9  for the garnishee's answer has expired, the plaintiff shall

10  serve, by mail, the following documents:  a copy of the writ,

11  a copy of the garnishee's answer, and a notice advising, and a

12  certificate of service.  The notice shall advise the recipient

13  that he or she must move to dissolve the writ of garnishment

14  within 20 days after the date indicated on the certificate of

15  service in the notice if any allegation in the plaintiff's

16  motion for writ of garnishment is untrue within the time

17  period set forth in s. 77.07(2) or be defaulted and that he or

18  she may have exemptions from the garnishment which must be

19  asserted as a defense.  The plaintiff shall serve these

20  documents on the defendant at the defendant's last known

21  address and any other address disclosed by the garnishee's

22  answer and on any other person disclosed in the garnishee's

23  answer to have any ownership interest in the deposit, account,

24  or property controlled by the garnishee. The plaintiff shall

25  file in the proceeding a certificate of such service.

26         Section 24.  Subsection (1) of section 77.06, Florida

27  Statutes, is amended to read:

28         77.06  Writ; effect.--

29         (1)  Service of the writ shall make garnishee liable

30  for all debts due by him or her to defendant and for any

31  tangible or intangible personal property of defendant in the


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  1  garnishee's possession or control at the time of the service

  2  of the writ or at any time between the service and the time of

  3  the garnishee's answer. Service of the writ creates a lien in

  4  or upon any such debts or property at the time of service or

  5  at the time such debts or property come into the garnishee's

  6  possession or control.

  7         Section 25.  Effective July 1, 2000, section 222.01,

  8  Florida Statutes, is amended to read:

  9         222.01  Designation of homestead by owner before

10  levy.--

11         (1)  Whenever any natural person residing in this state

12  desires to avail himself or herself of the benefit of the

13  provisions of the constitution and laws exempting property as

14  a homestead from forced sale under any process of law, he or

15  she may make a statement, in writing, containing a description

16  of the real property, mobile home, or modular home claimed to

17  be exempt and declaring that the real property, mobile home,

18  or modular home is the homestead of the party in whose behalf

19  such claim is being made.  Such statement shall be signed by

20  the person making it and shall be recorded in the circuit

21  court.

22         (2)  When a certified copy of a judgment has been filed

23  in the public records of a county pursuant to s. 55.10, a

24  person who is entitled to the benefit of the provisions of the

25  State Constitution exempting real property as homestead and

26  who has a contract to sell or a commitment from a lender for a

27  mortgage on the homestead may file a notice of homestead in

28  the public records of the county in which the homestead

29  property is located in substantially the following form:

30

31                       NOTICE OF HOMESTEAD


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  1

  2         To:...(Name and address of judgment creditor as

  3         shown on recorded judgment and name and address

  4         of any other person shown in the recorded

  5         judgment to receive a copy of the Notice of

  6         Homestead)....

  7

  8         You are notified that the undersigned claims as

  9         homestead exempt from levy and execution under

10         Section 4, Article X of the State Constitution,

11         the following described property:

12

13                ...(Legal description)...

14

15         The undersigned certifies, under oath, that he

16         or she has applied for and received the

17         homestead tax exemption as to the

18         above-described property, that .... is the tax

19         identification parcel number of this property,

20         and that the undersigned has resided on this

21         property continuously and uninterruptedly from

22         ...(date)... to the date of this Notice of

23         Homestead. Further, the undersigned will either

24         convey or mortgage the above-described property

25         pursuant to the following:

26

27         ...(Describe the contract of sale or loan

28         commitment by date, names of parties, date of

29         anticipated closing, and amount. The name,

30         address, and telephone number of the person

31


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  1         conducting the anticipated closing must be set

  2         forth.)...

  3

  4         The undersigned also certifies, under oath,

  5         that the judgment lien filed by you on

  6         ...(date)... and recorded in Official Records

  7         Book ...., Page ...., of the Public Records of

  8         ........ County, Florida, does not constitute a

  9         valid lien on the described property.

10

11         YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION

12         222.01 ET SEQ., FLORIDA STATUTES, THAT WITHIN

13         45 DAYS AFTER THE MAILING OF THIS NOTICE YOU

14         MUST FILE AN ACTION IN THE CIRCUIT COURT OF

15         ........ COUNTY, FLORIDA, FOR A DECLARATORY

16         JUDGMENT TO DETERMINE THE CONSTITUTIONAL

17         HOMESTEAD STATUS OF THE SUBJECT PROPERTY OR TO

18         FORECLOSE YOUR JUDGMENT LIEN ON THE PROPERTY

19         AND RECORD A LIS PENDENS IN THE PUBLIC RECORDS

20         OF THE COUNTY WHERE THE HOMESTEAD IS LOCATED.

21         YOUR FAILURE TO SO ACT WILL RESULT IN ANY BUYER

22         OR LENDER, OR HIS OR HER SUCCESSORS AND

23         ASSIGNS, UNDER THE ABOVE-DESCRIBED CONTRACT OF

24         SALE OR LOAN COMMITMENT TO TAKE FREE AND CLEAR

25         OF ANY JUDGMENT LIEN YOU MAY HAVE ON THE

26         PROPERTY.

27

28         This .... day of ............, 2.....

29

30                                ........................

31                              ...(Signature of Owner)...


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  1

  2                                ........................

  3                           ...(Printed Name of Owner)...

  4

  5                                ........................

  6                                 ...(Owner's Address)...

  7

  8         Sworn to and subscribed before me by

  9         ........................ who is personally

10         known to me or produced

11         ........................ as identification,

12         this .... day of ............, 2.....

13

14                                ........................

15                                           Notary Public

16

17         (3)  The clerk shall mail a copy of the notice of

18  homestead to the judgment lienor, by certified mail, return

19  receipt requested, at the address shown in the most recent

20  recorded judgment or accompanying affidavit, and to any other

21  person designated in the most recent recorded judgment or

22  accompanying affidavit to receive the notice of homestead, and

23  shall certify to such service on the face of such notice and

24  record the notice. Notwithstanding the use of certified mail,

25  return receipt requested, service shall be deemed complete

26  upon mailing.

27         (4)  A lien pursuant to s. 55.10 of any lienor upon

28  whom such notice is served, who fails to institute an action

29  for a declaratory judgment to determine the constitutional

30  homestead status of the property described in the notice of

31  homestead or to file an action to foreclose the judgment lien,


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  1  together with the filing of a lis pendens in the public

  2  records of the county in which the homestead is located,

  3  within 45 days after service of such notice shall be deemed as

  4  not attaching to the property by virtue of its status as

  5  homestead property as to the interest of any buyer or lender,

  6  or his or her successors or assigns, who takes under the

  7  contract of sale or loan commitment described above within 180

  8  days after the filing in the public records of the notice of

  9  homestead. This subsection shall not act to prohibit a lien

10  from attaching to the real property described in the notice of

11  homestead at such time as the property loses its homestead

12  status.

13         (5)  As provided in s. 4, Art. X of the State

14  Constitution, this subsection shall not apply to:

15         (a)  Liens and judgments for the payment of taxes and

16  assessments on real property.

17         (b)  Liens and judgments for obligations contracted for

18  the purchase of real property.

19         (c)  Liens and judgments for labor, services, or

20  materials furnished to repair or improve real property.

21         (d)  Liens and judgments for other obligations

22  contracted for house, field, or other labor performed on real

23  property.

24         Section 26.  Section 222.12, Florida Statutes, is

25  amended to read:

26         222.12  Proceedings for exemption.--Whenever any money

27  or other thing due for labor or services as aforesaid is

28  attached by such process, the person to whom the same is due

29  and owing may make oath before the officer who issued the

30  process or before a notary public that the money attached is

31  due for the personal labor and services of such person, and


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  1  she or he is the head of a family residing in said state.

  2  When such an affidavit is made, notice of same shall be

  3  forthwith given to the party, or her or his attorney, who sued

  4  out the process, and if the facts set forth in such affidavit

  5  are not denied under oath within 2 business days after the

  6  service of said notice, the process shall be returned, and all

  7  proceedings under the same shall cease.  If the facts stated

  8  in the affidavit are denied by the party who sued out the

  9  process within the time above set forth and under oath, then

10  the matter shall be tried by the court from which the writ or

11  process issued, in like manner as claims to property levied

12  upon by writ of execution are tried, and the money or thing

13  attached shall remain subject to the process until released by

14  the judgment of the court which shall try the issue.

15         Section 27.  Subsections (2) and (3) of section

16  679.301, Florida Statutes, are amended to read:

17         679.301  Persons who take priority over unperfected

18  security interests; right of "lien creditor."--

19         (2)  If the secured party files with respect to a

20  purchase money security interest before or within 15 days

21  after the debtor receives possession of the collateral, the

22  secured party he or she takes priority over the rights of a

23  transferee in bulk or of a lien creditor which arise between

24  the time the security interest attaches and the time of

25  filing.

26         (3)  A "lien creditor" means a creditor who has

27  acquired a lien on the property involved by attachment, levy,

28  or the like and includes a judgment lienholder as provided

29  under ss. 55.202-55.209, an assignee for benefit of creditors

30  from the time of assignment, and a trustee in bankruptcy from

31


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  1  the date of the filing of the petition or a receiver in equity

  2  from the time of appointment.

  3         Section 28.  There is hereby appropriated from the

  4  Corporations Trust Fund to the Department of State the

  5  following positions and funds to administer this act:

  6         (1)  Effective July 1, 2000, four full-time equivalent

  7  positions and $274,858 in recurring salaries and benefits,

  8  $200,000 in recurring expense, and $442,753 in nonrecurring

  9  operating capital outlay; and

10         (2)  Effective March 1, 2001, nine additional full-time

11  equivalent positions and $67,111 in recurring salaries and

12  benefits and $32,247 in nonrecurring operating capital outlay.

13         Section 29.  Subsection (2) of section 607.1901,

14  Florida Statutes, is amended to read:

15         607.1901  Corporations Trust Fund creation; transfer of

16  funds.--

17         (2)(a)  The Legislature shall appropriate from the fund

18  such amounts as it deems necessary for the operation of the

19  division.

20         (b)  An amount equal to 2.9 percent of all moneys

21  deposited each month in the fund is transferred to the

22  Corporation Tax Administration Trust Fund created pursuant to

23  s. 213.31.

24         (c)  In the last six months of any fiscal year, an

25  amount equal to 43 percent of all moneys deposited each month

26  into the fund is transferred to the General Revenue Fund.

27         (d)  The division shall transfer from the trust fund to

28  the Cultural Institutions Trust Fund, quarterly, the amount of

29  $10 from each corporate annual report fee collected by the

30  division and prorations transferring $8 million each fiscal

31  year, to be used as provided in s. 265.2861. Effective October


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  1  1, 2001, an additional $2 million each fiscal year shall be

  2  transferred from the Corporations Trust Fund to the Cultural

  3  Institutions Trust Fund to be used as provided in s. 265.2861.

  4  The additional $2 million is contingent upon the receipt of

  5  corresponding revenues collected under s. 55.209, as created

  6  by this act.

  7         (e)  The division shall transfer from the trust fund to

  8  the Cultural Institutions Trust Fund, quarterly, prorations

  9  transferring $250,000 each fiscal year, to be used as provided

10  in s. 265.609.

11         (f)  The division shall transfer from the trust fund to

12  the Cultural Institutions Trust Fund, quarterly, prorations

13  transferring $550,000 each fiscal year, to be used as provided

14  in s. 265.608.

15         (g)  The division shall transfer from the trust fund to

16  the Historical Resources Operating Trust Fund, quarterly,

17  prorations transferring $2 million each fiscal year, to be

18  used as provided in s. 267.0671.

19         (h)  The division shall transfer from the trust fund to

20  the Historical Resources Operating Trust Fund, quarterly,

21  prorations transferring $1.5 million each fiscal year, to be

22  used as provided in s. 267.072.

23         (i)  Effective October 1, 2001, the division shall

24  transfer from the trust fund to the department's Grants and

25  Donations Trust Fund quarterly prorations equaling not more

26  than $1.6 million each fiscal year, to be used in the

27  provision of services under s. 288.816.  The transfer of $1.6

28  million is contingent upon the receipt of corresponding

29  revenues collected under s. 55.209, as created by this act.

30         Section 30.  Effective July 1, 2001, section 112.3144,

31  Florida Statutes, is amended to read:


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  1         112.3144  Full and public disclosure of financial

  2  interests.--

  3         (1)  An officer who is required by s. 8, Art. II of the

  4  State Constitution to file a full and public disclosure of his

  5  or her financial interests for any calendar or fiscal year

  6  shall file that disclosure with the Florida Commission on

  7  Ethics.

  8         (2)(1)  No person who is required, pursuant to s. 8,

  9  Art. II of the State Constitution, to file a full and public

10  disclosure of financial interests and who has filed a full and

11  public disclosure of financial interests for any calendar or

12  fiscal year shall be required to file a statement of financial

13  interests pursuant to s. 112.3145(2) and (3) for the same year

14  or for any part thereof notwithstanding any requirement of

15  this part, except that a candidate for office shall file a

16  copy of his or her disclosure with the officer before whom he

17  or she qualifies.

18         (3)(2)  For purposes of full and public disclosure

19  under s. 8(a), Art. II of the State Constitution, the

20  following items, if not held for investment purposes and if

21  valued at over $1,000 in the aggregate, may be reported in a

22  lump sum and identified as "household goods and personal

23  effects":

24         (a)  Jewelry;

25         (b)  Collections of stamps, guns, and numismatic

26  properties;

27         (c)  Art objects;

28         (d)  Household equipment and furnishings;

29         (e)  Clothing;

30         (f)  Other household items; and

31         (g)  Vehicles for personal use.


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  1         (4)(3)  Forms for compliance with the full and public

  2  disclosure requirements of s. 8, Art. II of the State

  3  Constitution, and a current list of persons required to file

  4  full and public disclosure by s. 8, Art. II of the State

  5  Constitution, or other state law, shall be created provided by

  6  the Commission on Ethics. The commission to the Secretary of

  7  State, who shall give notice of disclosure deadlines and

  8  delinquencies and distribute forms in the following manner:

  9         (a)  Not later than May 1 of each year, the commission

10  on Ethics shall prepare a current list of the names and

11  addresses of and the offices held by every person required to

12  file full and public disclosure annually by s. 8, Art. II of

13  the State Constitution, or other state law, and shall provide

14  the Secretary of State with the mailing list. In compiling the

15  list, the commission shall be assisted by each unit of

16  government in providing at the request of the commission the

17  name, address, and name of the office held by each public

18  official within the respective unit of government.

19         (b)  Not later than 30 days before July 1 of each year,

20  the commission Secretary of State shall mail a copy of the

21  form prescribed for compliance with full and public disclosure

22  and a notice of the filing deadline to each person on the

23  mailing list.

24         (c)  Not later than 30 days after July 1 of each year,

25  the commission Secretary of State shall determine which

26  persons on the mailing list have failed to file full and

27  public disclosure and shall send delinquency notices by

28  certified mail to such persons. Each notice shall state that a

29  grace period is in effect until September 1 of the current

30  year and that, if the statement is not filed by September 1 of

31


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  1  the current year, the Secretary of State is required by law to

  2  notify the Commission on Ethics of the delinquency.

  3         (d)  Not later than 30 days following September 1 of

  4  each year, the Secretary of State shall certify to the

  5  Commission on Ethics a list of the names and addresses of and

  6  the offices held by all persons on the mailing list who have

  7  failed to timely file full and public disclosure.  The

  8  certification shall be on a form prescribed by the commission

  9  and shall indicate whether the Secretary of State has provided

10  the disclosure forms and notice as required by this section to

11  all persons named on the delinquency list.

12         (d)(e)  Any person subject to the annual filing of full

13  and public disclosure under s. 8, Art. II of the State

14  Constitution, or other state law, whose name is not on the

15  commission's mailing list of persons required to file full and

16  public disclosure provided to the Secretary of State shall not

17  be deemed delinquent for failure to file full and public

18  disclosure in any year in which the omission occurred.

19         (e)(f)  The notification requirements of this

20  subsection do not apply to candidates or to the first filing

21  required of any person appointed to elective constitutional

22  office.  The appointing official shall notify such newly

23  appointed person of the obligation to file full and public

24  disclosure by July 1.

25         Section 31.  Effective July 1, 2001, paragraph (c) of

26  subsection (2) and subsections (4) and (6) of section

27  112.3145, Florida Statutes, are amended to read:

28         112.3145  Disclosure of financial interests and clients

29  represented before agencies.--

30         (2)

31


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  1         (c)  State officers, persons qualifying for a state

  2  office, and specified state employees shall file their

  3  statements of financial interests with the Commission on

  4  Ethics Secretary of State. Local officers shall file their

  5  statements of financial interests with the supervisor of

  6  elections of the county in which they permanently reside.

  7  Local officers who do not permanently reside in any county in

  8  the state shall file their statements of financial interests

  9  with the supervisor of elections of the county in which their

10  agency maintains its headquarters. Persons seeking to qualify

11  as candidates for local public office shall file their

12  statements of financial interests with the officer before whom

13  they qualify.

14         (4)  Each elected constitutional officer, state

15  officer, local officer, and specified state employee shall

16  file a quarterly report of the names of clients represented

17  for a fee or commission, except for appearances in ministerial

18  matters, before agencies at his or her level of government.

19  For the purposes of this part, agencies of government shall be

20  classified as state-level agencies or agencies below state

21  level.  Each local officer shall file such report with the

22  supervisor of elections of the county in which the officer is

23  principally employed or is a resident.  Each state officer,

24  elected constitutional officer, and specified state employee

25  shall file such report with the commission Secretary of State.

26  The report shall be filed only when a reportable

27  representation is made during the calendar quarter and shall

28  be filed no later than 15 days after the last day of the

29  quarter.  Representation before any agency shall be deemed to

30  include representation by such officer or specified state

31  employee or by any partner or associate of the professional


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  1  firm of which he or she is a member and of which he or she has

  2  actual knowledge.  For the purposes of this subsection, the

  3  term "representation before any agency" does not include

  4  appearances before any court or Chief Judges of Compensation

  5  Claims or judges of compensation claims or representations on

  6  behalf of one's agency in one's official capacity.  Such term

  7  does not include the preparation and filing of forms and

  8  applications merely for the purpose of obtaining or

  9  transferring a license based on a quota or a franchise of such

10  agency or a license or operation permit to engage in a

11  profession, business, or occupation, so long as the issuance

12  or granting of such license, permit, or transfer does not

13  require substantial discretion, a variance, a special

14  consideration, or a certificate of public convenience and

15  necessity.

16         (6)  Forms for compliance with the disclosure

17  requirements of this section and a current list of persons

18  subject to disclosure shall be provided by the Commission on

19  Ethics to the Secretary of State and to each supervisor of

20  elections, who shall give notice of disclosure deadlines and

21  delinquencies and distribute forms in the following manner:

22         (a)1.  Not later than May 1 of each year, the

23  Commission on Ethics shall prepare a current list of the names

24  and addresses of, and the offices or positions held by, every

25  state officer, local officer, and specified employee. In

26  compiling the list, the commission shall be assisted by each

27  unit of government in providing, at the request of the

28  commission, the name, address, and name of agency of, and the

29  office or position held by, each state officer, local officer,

30  or specified state employee within the respective unit of

31  government.


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  1         2.  Not later than May 15 of each year, the commission

  2  shall provide the Secretary of State with a current mailing

  3  list of all state officers and specified employees and shall

  4  provide each supervisor of elections with a current mailing

  5  list of all local officers required to file with such

  6  supervisor of elections.

  7         (b)  Not later than 30 days before July 1 of each year,

  8  the commission Secretary of State and each supervisor of

  9  elections, as appropriate, shall mail a copy of the form

10  prescribed for compliance with subsection (3) and a notice of

11  all applicable disclosure forms and filing deadlines to each

12  person required to file a statement of financial interests.

13         (c)  Not later than 30 days after July 1 of each year,

14  the commission Secretary of State and each supervisor of

15  elections shall determine which persons required to file a

16  statement of financial interests in their respective offices

17  have failed to do so and shall send delinquency notices by

18  certified mail to such persons.  Each notice shall state that

19  a grace period is in effect until September 1 of the current

20  year; that no investigative or disciplinary action based upon

21  the delinquency will be taken by the agency head or Commission

22  on Ethics if the statement is filed by September 1 of the

23  current year; that, if the statement is not filed by September

24  1 of the current year, he or she is required by law to notify

25  the Commission on Ethics of the delinquency; and that, if upon

26  the filing of a sworn complaint the commission finds that the

27  person has failed to timely file the statement by September 1

28  of the current year, such person shall be subject to the

29  penalties provided in s. 112.317.

30         (d)  Not later than 30 days following September 1 of

31  each year, the Secretary of State and the supervisor of


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  1  elections in each county shall certify to the Commission on

  2  Ethics a list of the names and addresses of, and the offices

  3  or positions held by, all persons who have failed to timely

  4  file the required statements of financial interests.  The

  5  certification shall be on a form prescribed by the commission

  6  and shall indicate whether the respective certifying official

  7  has provided the disclosure forms and notice as required by

  8  this subsection to all persons named on the delinquency list.

  9         (e)  Any state officer, local officer, or specified

10  employee whose name is not on the mailing list of persons

11  required to file statements of financial interests provided to

12  the Secretary of State or supervisor of elections is not

13  subject to the penalties provided in s. 112.317 for failure to

14  timely file a statement of financial interests in any year in

15  which the omission occurred.

16         (f)  The requirements of this subsection do not apply

17  to candidates or to the first filing required of any state

18  officer, specified employee, or local officer.

19         Section 32.  Effective July 1, 2001, paragraph (b) of

20  subsection (5), paragraph (d) of subsection (6), and paragraph

21  (a) of subsection (8) of section 112.3148, Florida Statutes,

22  are amended to read:

23         112.3148  Reporting and prohibited receipt of gifts by

24  individuals filing full or limited public disclosure of

25  financial interests and by procurement employees.--

26         (5)

27         (b)  However, a person who is regulated by this

28  subsection, who is not regulated by subsection (6), and who

29  makes, or directs another to make, an individual gift having a

30  value in excess of $25, but not in excess of $100, other than

31  a gift which the donor knows will be accepted on behalf of a


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  1  governmental entity or charitable organization, must file a

  2  report on the last day of each calendar quarter, for the

  3  previous calendar quarter in which a reportable gift is made.

  4  The report shall be filed with the Commission on Ethics

  5  Secretary of State, except with respect to gifts to reporting

  6  individuals of the legislative branch, in which case the

  7  report shall be filed with the Division of Legislative

  8  Information Services in the Office of Legislative Services.

  9  The report must contain a description of each gift, the

10  monetary value thereof, the name and address of the person

11  making such gift, the name and address of the recipient of the

12  gift, and the date such gift is given.  In addition, when a

13  gift is made which requires the filing of a report under this

14  subsection, the donor must notify the intended recipient at

15  the time the gift is made that the donor, or another on his or

16  her behalf, will report the gift under this subsection.  Under

17  this paragraph, a gift need not be reported by more than one

18  person or entity.

19         (6)

20         (d)  No later than July 1 of each year, each reporting

21  individual or procurement employee shall file a statement

22  listing each gift having a value in excess of $100 received by

23  the reporting individual or procurement employee, either

24  directly or indirectly, from a governmental entity or a

25  direct-support organization specifically authorized by law to

26  support a governmental entity.  The statement shall list the

27  name of the person providing the gift, a description of the

28  gift, the date or dates on which the gift was given, and the

29  value of the total gifts given during the calendar year for

30  which the report is made.  The reporting individual or

31  procurement employee shall attach to such statement any report


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  1  received by him or her in accordance with paragraph (c), which

  2  report shall become a public record when filed with the

  3  statement of the reporting individual or procurement employee.

  4  The reporting individual or procurement employee may explain

  5  any differences between the report of the reporting individual

  6  or procurement employee and the attached reports.  The annual

  7  report filed by a reporting individual shall be filed with the

  8  financial disclosure statement required by either s. 8, Art.

  9  II of the State Constitution or s. 112.3145, as applicable to

10  the reporting individual.  The annual report filed by a

11  procurement employee shall be filed with the Commission on

12  Ethics Department of State.

13         (8)(a)  Each reporting individual or procurement

14  employee shall file a statement with the Commission on Ethics

15  Secretary of State on the last day of each calendar quarter,

16  for the previous calendar quarter, containing a list of gifts

17  which he or she believes to be in excess of $100 in value, if

18  any, accepted by him or her, except the following:

19         1.  Gifts from relatives.

20         2.  Gifts prohibited by subsection (4) or s.

21  112.313(4).

22         3.  Gifts otherwise required to be disclosed by this

23  section.

24         Section 33.  Effective July 1, 2001, subsection (6) of

25  section 112.3149, Florida Statutes, is amended to read:

26         112.3149  Solicitation and disclosure of honoraria.--

27         (6)  A reporting individual or procurement employee who

28  receives payment or provision of expenses related to any

29  honorarium event from a person who is prohibited by subsection

30  (4) from paying an honorarium to a reporting individual or

31  procurement employee shall publicly disclose on an annual


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  1  statement the name, address, and affiliation of the person

  2  paying or providing the expenses; the amount of the honorarium

  3  expenses; the date of the honorarium event; a description of

  4  the expenses paid or provided on each day of the honorarium

  5  event; and the total value of the expenses provided to the

  6  reporting individual or procurement employee in connection

  7  with the honorarium event.  The annual statement of honorarium

  8  expenses shall be filed by July 1 of each year for such

  9  expenses received during the previous calendar year. The

10  reporting individual or procurement employee shall attach to

11  the annual statement a copy of each statement received by him

12  or her in accordance with subsection (5) regarding honorarium

13  expenses paid or provided during the calendar year for which

14  the annual statement is filed.  Such attached statement shall

15  become a public record upon the filing of the annual report.

16  The annual statement of a reporting individual shall be filed

17  with the financial disclosure statement required by either s.

18  8, Art. II of the State Constitution or s. 112.3145, as

19  applicable to the reporting individual. The annual statement

20  of a procurement employee shall be filed with the Commission

21  on Ethics Department of State.

22         Section 34.  Section 257.36, Florida Statutes, is

23  amended to read:

24         257.36  Records and information management.--

25         (1)  There is created within the Division of Library

26  and Information Services of the Department of State a records

27  and information management program.  It is the duty and

28  responsibility of the division to:

29         (a)  Establish and administer a records management

30  program directed to the application of efficient and

31  economical management methods relating to the creation,


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  1  utilization, maintenance, retention, preservation, and

  2  disposal of records.

  3         (b)  Establish and operate a records center or centers

  4  primarily for the storage, processing, servicing, and security

  5  of public records that must be retained for varying periods of

  6  time but need not be retained in an agency's office equipment

  7  or space.

  8         (c)  Analyze, develop, establish, and coordinate

  9  standards, procedures, and techniques of recordmaking and

10  recordkeeping.

11         (d)  Ensure the maintenance and security of records

12  which are deemed appropriate for preservation.

13         (e)  Establish safeguards against unauthorized or

14  unlawful removal or loss of records.

15         (f)  Initiate appropriate action to recover records

16  removed unlawfully or without authorization.

17         (g)  Institute and maintain a training and information

18  program in:

19         1.  All phases of records and information management to

20  bring approved and current practices, methods, procedures, and

21  devices for the efficient and economical management of records

22  to the attention of all agencies.

23         2.  The requirements relating to access to public

24  records under chapter 119.

25         (h)  Provide a centralized program of microfilming for

26  the benefit of all agencies.

27         (i)  Make continuous surveys of recordkeeping

28  operations.

29         (j)  Recommend improvements in current records

30  management practices, including the use of space, equipment,

31


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  1  supplies, and personnel in creating, maintaining, and

  2  servicing records.

  3         (k)  Establish and maintain a program in cooperation

  4  with each agency for the selection and preservation of records

  5  considered essential to the operation of government and to the

  6  protection of the rights and privileges of citizens.

  7         (l)  Make, or have made, preservation duplicates, or

  8  designate existing copies as preservation duplicates, to be

  9  preserved in the place and manner of safekeeping as prescribed

10  by the division.

11         (2)(a)  All records transferred to the division may be

12  held by it in a records center or centers, to be designated by

13  it, for such time as in its judgment retention therein is

14  deemed necessary. At such time as it is established by the

15  division, such records as are determined by it as having

16  historical or other value warranting continued preservation

17  shall be transferred to the Florida State Archives.

18         (b)  Title to any record detained in any records center

19  shall remain in the agency transferring such record to the

20  division.

21         (c)  When a record held in a records center is eligible

22  for destruction, the division shall notify, in writing, by

23  certified mail, the agency which transferred the record.  The

24  agency shall have 90 days from receipt of that notice to

25  respond requesting continued retention or authorizing

26  destruction or disposal of the record.  If the agency does not

27  respond within that time, title to the record shall pass to

28  the division.

29         (3)  The division may charge fees for supplies and

30  services, including, but not limited to, shipping containers,

31  pickup, delivery, reference, and storage.  Fees shall be based


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  1  upon the actual cost of the supplies and services and shall be

  2  deposited in the Records Management Trust Fund.

  3         (4)  Any preservation duplicate of any record made

  4  pursuant to this chapter shall have the same force and effect

  5  for all purposes as the original record.  A transcript,

  6  exemplification, or certified copy of such preservation

  7  duplicate shall be deemed, for all purposes, to be a

  8  transcript, exemplification, or certified copy of the original

  9  record.

10         (5)  For the purposes of this section, the term

11  "agency" shall mean any state, county, district, or municipal

12  officer, department, division, bureau, board, commission, or

13  other separate unit of government created or established by

14  law.  It is the duty of each agency to:

15         (a)  Cooperate with the division in complying with the

16  provisions of this chapter and designate a records management

17  liaison officer.

18         (b)  Establish and maintain an active and continuing

19  program for the economical and efficient management of

20  records.

21         (6)  Each agency shall submit to the division in

22  accordance with the rules of the division a list or schedule

23  of records in its custody that are not needed in the

24  transaction of current business and that do not have

25  sufficient administrative, legal, or fiscal significance to

26  warrant further retention by the agency.  Such records shall,

27  in the discretion of the division, be transferred to it for

28  further retention and preservation, as herein provided, or may

29  be destroyed upon its approval.

30         (6)(7)  A public record may be destroyed or otherwise

31  disposed of only in accordance with retention schedules


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  1  established by the division. No record shall be destroyed or

  2  disposed of by any agency unless approval of the division is

  3  first obtained. The division shall adopt reasonable rules not

  4  inconsistent with this chapter which shall be binding on all

  5  agencies relating to the destruction and disposition disposal

  6  of records.  Such rules shall provide, but not be limited to:

  7         (a)  Procedures for complying and submitting to the

  8  division records-retention lists and schedules of records

  9  proposed for disposal.

10         (b)  Procedures for the physical destruction or other

11  disposal of records.

12         (c)  Standards for the reproduction of records for

13  security or with a view to the disposal of the original

14  record.

15         Section 35.  Paragraph (d) of subsection (1) of section

16  267.072, Florida Statutes, is amended to read:

17         267.072  Museum of Florida history programs.--

18         (1)  The division shall:

19         (d)  Establish and administer a program, to be entitled

20  the Great Floridians program, which shall be designed to

21  recognize and record the achievements of Floridians, living

22  and deceased, who have made major contributions to the

23  progress and welfare of this state.

24         1.  The division shall nominate present or former

25  citizens of this state, living or deceased, who during their

26  lives have made major contributions to the progress of the

27  nation or this state and its citizens. Nominations shall be

28  submitted to the Secretary of State who shall select from

29  those nominated not less than two persons each year who shall

30  be honored with the designation "Great Floridian," provided no

31  person whose contributions have been through elected or


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  1  appointed public service shall be selected while holding any

  2  such office.

  3         2.  To enhance public participation and involvement in

  4  the identification of any person worthy of being nominated as

  5  a Great Floridian, the division shall seek advice and

  6  assistance from persons qualified through the demonstration of

  7  special interest, experience, or education in the

  8  dissemination of knowledge about the state's history.

  9         a.  In formulating its nominations, the division shall

10  also seek the assistance of the Museum of Florida History

11  Foundation, Inc., Florida History Associates, Inc., or its

12  successor, acting in the capacity as a citizen support

13  organization of the division, pursuant to s. 267.17 and

14  approved to act on behalf of the Museum of Florida History.

15         b.  Annually, the division shall convene an ad hoc

16  committee composed of representatives of the Governor, each

17  member of the Florida Cabinet, the President of the Senate,

18  the Speaker of the House of Representatives, and the Museum of

19  Florida History Foundation, Inc. Florida History Associates,

20  Inc. This committee shall meet at least twice.  The committee

21  shall nominate living citizens of this state who during their

22  lives have made major contributions to the progress of the

23  nation or this state and its citizens and shall from those

24  nominated select each year not fewer less than two persons

25  whose names shall be submitted to the Secretary of State with

26  the recommendation that they be honored with the designation

27  "Great Floridian."

28         3.  Upon designation of a person as a Great Floridian

29  by the Secretary of State, the division shall undertake

30  appropriate activities intended to achieve wide public

31  knowledge of the person designated.


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  1         a.  The division may seek to initiate production of a

  2  film or videotape depicting the life and contributions of the

  3  designee to this state and to the nation.  If technology

  4  surpasses the use of film or videotape, another medium of

  5  equal quality may be used.

  6         (I)  In the production of such films, the division

  7  shall seek cooperation from local volunteers throughout the

  8  state and, in particular, shall seek fundraising and other

  9  assistance of the citizen support organization created

10  pursuant to s. 267.17 to support the programs of the Museum of

11  Florida History.

12         (II)  In the case of persons nominated as Great

13  Floridians as a result of the committee convened pursuant to

14  sub-subparagraph 2.b., the division shall immediately begin

15  taking the steps necessary to produce a film depicting the

16  contributions of such persons to this state and to the nation;

17  however, the requirement to produce such a film shall be

18  contingent upon appropriation of sufficient funds by the

19  Legislature.

20         (II)(III)  The Museum of Florida History shall be the

21  repository of the original negative, the original master tape,

22  and all cuttings, of any film or videotape produced under the

23  authority of this paragraph.  The division also may exercise

24  the right of trademark over the terms "Great Floridian" or

25  "Great Floridians" pursuant to s. 286.031.

26         (III)(IV)  The division shall arrange for the

27  distribution of copies of all films to the general public,

28  public television stations, educational institutions, and

29  others and may establish a reasonable charge to recover costs

30  associated with production and to provide a source of revenue

31  to assist with reproduction, marketing, and distribution of


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  1  Great Floridians films. Proceeds from such charges shall be

  2  deposited into the Historical Resources Operating Trust Fund.

  3         b.  Deceased persons designated as Great Floridians

  4  typically shall be recognized by markers affixed to properties

  5  significantly associated with the major contributions of the

  6  designee.  Such markers shall be erected pursuant to the

  7  provisions of s. 267.061(3)(n).

  8         Section 36.  Section 288.8175, Florida Statutes, is

  9  amended to read:

10         288.8175  Linkage institutes between postsecondary

11  institutions in this state and foreign countries.--

12         (1)  As used in this section, the term "department"

13  means the Department of State.

14         (2)(1)  There are created, within the Department of

15  Education, Florida linkage institutes.  A primary purpose of

16  these institutes is to assist in the development of stronger

17  economic, cultural, educational, and social ties between this

18  state and strategic foreign countries through the promotion of

19  expanded public and private dialogue on cooperative research

20  and technical assistance activities, increased bilateral

21  commerce, student and faculty exchange, cultural exchange, and

22  the enhancement of language training skills between the

23  postsecondary institutions in this state and those of selected

24  foreign countries.  Each institute must ensure that minority

25  students are afforded an equal opportunity to participate in

26  the exchange programs.

27         (3)(2)  Each institute must be governed by an

28  agreement, approved by the department of Education, between

29  the State University System and the Florida Community College

30  System with the counterpart organization of higher education

31  in a the foreign country.  Each institute must report to the


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  1  department regarding its program activities, expenditures, and

  2  policies.

  3         (4)(3)  Each institute must be co-administered in this

  4  state by a university-community college partnership, as

  5  designated in subsection (5) (4), and must have a private

  6  sector and public sector advisory committee.  The advisory

  7  committee must be representative of the international

  8  education and commercial interests of the state and may have

  9  members who are native to the foreign country partner.  Six

10  members must be appointed by the department of Education. The

11  department must appoint at least one member who is an

12  international educator.  The presidents, or their designees,

13  of the participating university and community college must

14  also serve on the advisory committee.

15         (5)(4)  The institutes are:

16         (a)  Florida-Brazil Institute (University of Florida

17  and Miami-Dade Community College).

18         (b)  Florida-Costa Rica Institute (Florida State

19  University and Valencia Community College).

20         (c)  Florida Caribbean Institute (Florida International

21  University and Daytona Beach Community College).

22         (d)  Florida-Canada Institute (University of Central

23  Florida and Palm Beach Junior College).

24         (e)  Florida-China Institute (University of West

25  Florida, University of South Florida, and Brevard Community

26  College).

27         (f)  Florida-Japan Institute (University of South

28  Florida, University of West Florida, and St. Petersburg

29  Community College).

30

31


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  1         (g)  Florida-France Institute (New College of the

  2  University of South Florida, Miami-Dade Community College, and

  3  Florida State University).

  4         (h)  Florida-Israel Institute (Florida Atlantic

  5  University and Broward Community College).

  6         (i)  Florida-West Africa Institute (Florida

  7  Agricultural and Mechanical University, University of North

  8  Florida, and Florida Community College at Jacksonville).

  9         (j)  Florida-Eastern Europe Institute (University of

10  Central Florida and Lake Sumter Community College).

11         (k)  Florida-Mexico Institute (Florida International

12  University and Polk Community College).

13         (6)(5)  Each institute is allowed to exempt from s.

14  240.1201 up to 25 full-time equivalent students per year from

15  the respective host countries to study in any of the state

16  universities or community colleges in this state as resident

17  students for tuition purposes.  The institute directors shall

18  develop criteria, to be approved by the Department of

19  Education, for the selection of these students.  Students must

20  return home within 3 years after their tenure of graduate or

21  undergraduate study for a length of time equal to their

22  exemption period.

23         (7)(6)  Each state university and community college

24  linkage institute partner may enter into an agreement for a

25  student exchange program, that requires that the tuition and

26  fees of a student who is enrolled in a state university or

27  community college and who is participating in an exchange

28  program be paid to the university or community college while

29  the student is participating in the exchange program.  The

30  agreement may also require that the tuition and fees of a

31  student who is enrolled in a postsecondary institution in a


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  1  foreign country and who is participating in an exchange

  2  program be paid to the foreign institution of enrollment.

  3         (8)(7)  No later than 60 days before every regular

  4  session of the Legislature, the department of Education shall

  5  present to the Speaker of the House of Representatives, the

  6  President of the Senate, and the minority leaders of the House

  7  of Representatives and the Senate a review of linkage

  8  institute program activity, criteria for their operation,

  9  accountability standards, recommended funding levels, and

10  recommendations for establishing, maintaining, or abolishing

11  linkage institutes.  The criteria shall be developed in

12  consultation with Enterprise Florida, Inc. The criteria must

13  include, but need not be limited to, the purpose stated in

14  subsection (2) (1) and:

15         (a)  The importance of economic, political, and social

16  ties between this state and the country or region.

17         (b)  The potential for growth and expansion of

18  commercial, educational, and cultural links.

19         (c)  The viability of regionally oriented, rather than

20  country-specific, linkages, based on historical or emerging

21  regional economic or political trading blocs.

22         (9)(8)  A linkage institute may not be created or

23  funded except upon the recommendation of the department of

24  Education and except by amendment to this section.

25         (10)(9)  The department of Education shall review and

26  make linkage-institute budget requests to the Governor and the

27  Legislature. State appropriations for institutes created under

28  this section must be made by a single lump-sum line item to

29  the department, which must apportion the funds among the

30  various institutes in accordance with criteria established by

31  the department.


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  1         (11)(10)  Linkage institutes may also accept and

  2  administer moneys provided by the department of State for

  3  research and development of international trade. The

  4  department Secretary of State shall, by March 1, report to the

  5  Governor, the President of the Senate, and the Speaker of the

  6  House of Representatives in each year in which the department

  7  of State has provided moneys for a linkage institute. The

  8  report must detail the purpose of the expenditure by the

  9  department of State and the use of the moneys by the linkage

10  institutes and must include a copy of the research documents

11  or related materials produced, if any.

12         Section 37.  Effective January 7, 2003, subsection (1)

13  of section 403.7145, Florida Statutes, is amended to read:

14         403.7145  Recycling.--

15         (1)  The Capitol and the House and Senate office

16  buildings constitute the Capitol recycling area.  The Florida

17  House of Representatives, the Florida Senate, and the Office

18  of the Governor, the Secretary of State, and each Cabinet

19  officer who heads a department that occupies office space in

20  the Capitol, shall institute a recycling program for their

21  respective offices in the House and Senate office buildings

22  and the Capitol. Provisions shall be made to collect and sell

23  wastepaper and empty aluminum beverage cans generated by

24  employee activities in these offices.  The collection and sale

25  of such materials shall be coordinated with Department of

26  Management Services recycling activities to maximize the

27  efficiency and economy of this program. The Governor, the

28  Speaker of the House of Representatives, the President of the

29  Senate, the Secretary of State, and the Cabinet officers may

30  authorize the use of proceeds from recyclable material sales

31  for employee benefits and other purposes, in order to provide


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  1  incentives to their respective employees for participation in

  2  the recycling program.  Such proceeds may also be used to

  3  offset any costs of the recycling program.

  4         Section 38.  Subsection (8) of section 415.1065,

  5  Florida Statutes, is amended to read:

  6         415.1065  Records management.--All records must be

  7  maintained in their entirety for their full retention period,

  8  except as otherwise provided in this section:

  9         (8)  MANNER OF STORAGE AND DISPOSAL.--All reports,

10  regardless of classification, shall be stored and disposed of

11  in a manner deemed appropriate to the department and in

12  accordance with ss. 119.041 and 257.36(6) 257.36(7).

13         Section 39.  Subsections (2) and (3) of section

14  526.311, Florida Statutes, are amended to read:

15         526.311  Enforcement; civil penalties; injunctive

16  relief.--

17         (2)  The Department of Agriculture and Consumer

18  Services shall investigate any complaints regarding violations

19  of this act and may request in writing the production of

20  documents and records as part of its investigation of a

21  complaint. Trade secrets, as defined in s. 812.081, and

22  proprietary confidential business information contained in the

23  documents or records received by the department pursuant to a

24  written request or a Department of Legal Affairs subpoena are

25  confidential and exempt from the provisions of s. 119.07(1)

26  and s. 24(a), Art. I of the State Constitution. If the person

27  upon whom such request was made fails to produce the documents

28  or records within 30 days after the date of the request, the

29  department, through the department's office of general

30  counsel, may of Agriculture and Consumer Services may request

31  that the Department of Legal Affairs issue and serve a


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  1  subpoena subpoenas to compel the production of such documents

  2  and records. If any person shall refuse to comply with a

  3  subpoena issued under this section, the department of Legal

  4  Affairs may petition a court of competent jurisdiction to

  5  enforce the subpoena and assess such sanctions as the court

  6  may direct. Refiners shall afford the department of

  7  Agriculture and Consumer Services reasonable access to the

  8  refiners' posted terminal price.  After completion of an

  9  investigation, the Department of Agriculture and Consumer

10  Services shall give the results of its investigation to the

11  Department of Legal Affairs.  The Department of Legal Affairs

12  may then subpoena additional relevant records or testimony if

13  it determines that the Department of Agriculture and Consumer

14  Services' investigation shows a violation has likely occurred.

15  Any records, documents, papers, maps, books, tapes,

16  photographs, files, sound recordings, or other business

17  material, regardless of form or characteristics, obtained by

18  the a department of Legal Affairs subpoena are confidential

19  and exempt from the provisions of s. 119.07(1) and s. 24(a),

20  Art. I of the State Constitution while the investigation is

21  pending. At the conclusion of an investigation, any matter

22  determined by the department of Legal Affairs or by a judicial

23  or administrative body, federal or state, to be a trade secret

24  or proprietary confidential business information held by the

25  department pursuant to such investigation shall be considered

26  confidential and exempt from the provisions of s. 119.07(1)

27  and s. 24(a), Art. I of the State Constitution.  Such

28  materials may be used in any administrative or judicial

29  proceeding so long as the confidential or proprietary nature

30  of the material is maintained.

31


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  1         (3)  The civil penalty imposed under this section may

  2  be assessed and recovered in a civil action brought by the

  3  department of Legal Affairs in any court of competent

  4  jurisdiction. If the department of Legal Affairs prevails in a

  5  civil action, the court may award it reasonable attorneys'

  6  fees as it deems appropriate.  All funds recovered by the

  7  department of Legal Affairs shall be deposited into shared

  8  equally between the Department of Legal Affairs Trust Fund and

  9  the General Inspection Trust Fund.

10         Section 40.  Subsection (2) of section 526.312, Florida

11  Statutes, is amended to read:

12         526.312  Enforcement; private actions; injunctive

13  relief.--

14         (2)  On the application for a temporary restraining

15  order or a preliminary injunction, the court, in its

16  discretion having due regard for the public interest, may

17  require or dispense with the requirement of a bond, with or

18  without surety, as conditions and circumstances may require.

19  If a bond is required, the amount shall not be greater than

20  $50,000.  Upon proper application by the plaintiff, the court

21  shall grant preliminary injunctive relief if the plaintiff

22  shows:

23         (a)  That he or she is a proper person to seek the

24  relief requested.

25         (b)  There exist sufficiently serious questions going

26  to the merits to make such questions a fair ground for

27  litigation; and the court determines, on balance, the

28  hardships imposed on the defendant and the public interest by

29  the issuance of such preliminary injunctive relief will be

30  less than the hardship which would be imposed on the plaintiff

31  if such preliminary injunctive relief were not granted.


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  1

  2  The standards specified in paragraphs (a) and (b) shall also

  3  apply to actions for injunctive relief brought by the

  4  department of Legal Affairs under s. 526.311.

  5         Section 41.  Section 526.313, Florida Statutes, is

  6  amended to read:

  7         526.313  Limitations period for actions.--Any action

  8  brought by the department of Legal Affairs shall be brought

  9  within 2 years after the alleged violation occurred or should

10  reasonably have been discovered.  Any action brought by any

11  other person shall be brought within 1 year after the alleged

12  violation occurred or should reasonably have been discovered,

13  except that a private action brought under s. 526.305 for

14  unlawful price discrimination shall be brought within 2 years

15  from the date the alleged violation occurred or should

16  reasonably have been discovered.

17         Section 42.  Section 526.3135, Florida Statutes, is

18  amended to read:

19         526.3135  Reports by the Division of Standards

20  Department of Agriculture and Consumer Services.--The Division

21  of Standards Department of Agriculture and Consumer Services

22  is directed to compile a report pursuant to s. 570.544 of all

23  complaints received by the Department of Agriculture and

24  Consumer Services pursuant to this act.  Such report shall

25  contain at least the information required by s.

26  570.544(6)(b)2.-4. and shall be presented to the Speaker of

27  the House of Representatives and the President of the Senate

28  no later than January 1 of each year.

29         Section 43.  There is hereby appropriated $100,000 from

30  the General Revenue Fund and two full-time equivalent

31  positions to the Department of Agriculture and Consumer


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  1  Services to implement the provisions of Chapter 526, Part I,

  2  Florida Statutes.

  3         Section 44.  Section 617.301, Florida Statutes, is

  4  transferred and renumbered as section 720.301, Florida

  5  Statutes, and amended to read:

  6         720.301 617.301  Homeowners' associations;

  7  definitions.--As used in ss. 720.301-720.312 ss.

  8  617.301-617.312, the term:

  9         (1)  "Assessment" or "amenity fee" means a sum or sums

10  of money payable to the association, to the developer or other

11  owner of common areas, or to recreational facilities and other

12  properties serving the parcels by the owners of one or more

13  parcels as authorized in the governing documents, which if not

14  paid by the owner of a parcel, can result in a lien against

15  the parcel.

16         (2)  "Common area" means all real property within a

17  community which is owned or leased by an association or

18  dedicated for use or maintenance by the association or its

19  members, including, regardless of whether title has been

20  conveyed to the association:

21         (a)  Real property the use of which is dedicated to the

22  association or its members by a recorded plat; or

23         (b)  Real property committed by a declaration of

24  covenants to be leased or conveyed to the association.

25         (3)  "Community" means the real property that is or

26  will be subject to a declaration of covenants which is

27  recorded in the county where the property is located.  The

28  term "community" includes all real property, including

29  undeveloped phases, that is or was the subject of a

30  development-of-regional-impact development order, together

31  with any approved modification thereto.


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  1         (4)  "Declaration of covenants," or "declaration,"

  2  means a recorded written instrument in the nature of covenants

  3  running with the land which subjects the land comprising the

  4  community to the jurisdiction and control of an association or

  5  associations in which the owners of the parcels, or their

  6  association representatives, must be members.

  7         (5)  "Developer" means a person or entity that:

  8         (a)  Creates the community served by the association;

  9  or

10         (b)  Succeeds to the rights and liabilities of the

11  person or entity that created the community served by the

12  association, provided that such is evidenced in writing.

13         (6)  "Governing documents" means:

14         (a)  The recorded declaration of covenants for a

15  community, and all duly adopted and recorded amendments,

16  supplements, and recorded exhibits thereto; and

17         (b)  The articles of incorporation and bylaws of the

18  homeowners' association, and any duly adopted amendments

19  thereto.

20         (7)  "Homeowners' association" or "association" means a

21  Florida corporation responsible for the operation of a

22  community or a mobile home subdivision in which the voting

23  membership is made up of parcel owners or their agents, or a

24  combination thereof, and in which membership is a mandatory

25  condition of parcel ownership, and which is authorized to

26  impose assessments that, if unpaid, may become a lien on the

27  parcel.  The term "homeowners' association" does not include a

28  community development district or other similar special taxing

29  district created pursuant to statute.

30         (8)  "Member" means a member of an association, and may

31  include, but is not limited to, a parcel owner or an


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  1  association representing parcel owners or a combination

  2  thereof.

  3         (9)  "Parcel" means a platted or unplatted lot, tract,

  4  unit, or other subdivision of real property within a

  5  community, as described in the declaration:

  6         (a)  Which is capable of separate conveyance; and

  7         (b)  Of which the parcel owner, or an association in

  8  which the parcel owner must be a member, is obligated:

  9         1.  By the governing documents to be a member of an

10  association that serves the community; and

11         2.  To pay to the homeowners' association assessments

12  that, if not paid, may result in a lien.

13         (10)  "Parcel owner" means the record owner of legal

14  title to a parcel.

15         (11)  "Voting interest" means the voting rights

16  distributed to the members of the homeowners' association,

17  pursuant to the governing documents.

18         Section 45.  Section 617.302, Florida Statutes, is

19  transferred and renumbered as section 720.302, Florida

20  Statutes, and amended to read:

21         720.302 617.302  Homeowners' associations; purposes,

22  scope, and application.--

23         (1)  The purposes of ss. 720.301-720.312 ss.

24  617.301-617.312 are to give statutory recognition to

25  corporations that operate residential communities in this

26  state, to provide procedures for operating homeowners'

27  associations, and to protect the rights of association members

28  without unduly impairing the ability of such associations to

29  perform their functions.

30         (2)  The Legislature recognizes that it is not in the

31  best interest of homeowners' associations or the individual


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  1  association members thereof to create or impose a bureau or

  2  other agency of state government to regulate the affairs of

  3  homeowners' associations. Further, the Legislature recognizes

  4  that certain contract rights have been created for the benefit

  5  of homeowners' associations and members thereof before the

  6  effective date of this act and that ss. 720.301-720.312 ss.

  7  617.301-617.312 are not intended to impair such contract

  8  rights, including, but not limited to, the rights of the

  9  developer to complete the community as initially contemplated.

10         (3)  Sections 720.301-720.312 617.301-617.312 do not

11  apply to:

12         (a)  A community that is composed comprised of property

13  primarily intended for commercial, industrial, or other

14  nonresidential use; or

15         (b)  The commercial or industrial parcels in a

16  community that contains both residential parcels and parcels

17  intended for commercial or industrial use.

18         (4)  Sections 720.301-720.312 617.301-617.312 do not

19  apply to any association that is subject to regulation under

20  chapter 718, chapter 719, or chapter 721; or to any

21  nonmandatory association formed under chapter 723.

22         Section 46.  Section 617.303, Florida Statutes, is

23  transferred and renumbered as section 720.303, Florida

24  Statutes, and amended to read:

25         720.303 617.303  Association powers and duties;

26  meetings of board; official records; budgets; financial

27  reporting.--

28         (1)  POWERS AND DUTIES.--An association which operates

29  a community as defined in s. 720.301 s. 617.301, must be

30  operated by an association that is a Florida corporation.

31  After October 1, 1995, the association must be incorporated


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  1  and the initial governing documents must be recorded in the

  2  official records of the county in which the community is

  3  located.  An association may operate more than one community.

  4  The officers and directors of an association have a fiduciary

  5  relationship to the members who are served by the association.

  6  The powers and duties of an association include those set

  7  forth in this chapter and, except as expressly limited or

  8  restricted in this chapter, those set forth in the governing

  9  documents.  A member does not have authority to act for the

10  association by virtue of being a member.  An association may

11  have more than one class of members and may issue membership

12  certificates.

13         (2)  BOARD MEETINGS.--A meeting of the board of

14  directors of an association occurs whenever a quorum of the

15  board gathers to conduct association business.  All meetings

16  of the board must be open to all members except for meetings

17  between the board and its attorney with respect to proposed or

18  pending litigation where the contents of the discussion would

19  otherwise be governed by the attorney-client privilege.

20  Notices of all board meetings must be posted in a conspicuous

21  place in the community at least 48 hours in advance of a

22  meeting, except in an emergency.  In the alternative, if

23  notice is not posted in a conspicuous place in the community,

24  notice of each board meeting must be mailed or delivered to

25  each member at least 7 days before the meeting, except in an

26  emergency. Notwithstanding this general notice requirement,

27  for communities with more than 100 members, the bylaws may

28  provide for a reasonable alternative to posting or mailing of

29  notice for each board meeting, including publication of notice

30  or provision of a schedule of board meetings.  An assessment

31  may not be levied at a board meeting unless the notice of the


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  1  meeting includes a statement that assessments will be

  2  considered and the nature of the assessments. Directors may

  3  not vote by proxy or by secret ballot at board meetings,

  4  except that secret ballots may be used in the election of

  5  officers.  This subsection also applies to the meetings of any

  6  committee or other similar body, when a final decision will be

  7  made regarding the expenditure of association funds, and to

  8  any body vested with the power to approve or disapprove

  9  architectural decisions with respect to a specific parcel of

10  residential property owned by a member of the community.

11         (3)  MINUTES.--Minutes of all meetings of the members

12  of an association and of the board of directors of an

13  association must be maintained in written form or in another

14  form that can be converted into written form within a

15  reasonable time.  A vote or abstention from voting on each

16  matter voted upon for each director present at a board meeting

17  must be recorded in the minutes.

18         (4)  OFFICIAL RECORDS.--The association shall maintain

19  each of the following items, when applicable, which constitute

20  the official records of the association:

21         (a)  Copies of any plans, specifications, permits, and

22  warranties related to improvements constructed on the common

23  areas or other property that the association is obligated to

24  maintain, repair, or replace.

25         (b)  A copy of the bylaws of the association and of

26  each amendment to the bylaws.

27         (c)  A copy of the articles of incorporation of the

28  association and of each amendment thereto.

29         (d)  A copy of the declaration of covenants and a copy

30  of each amendment thereto.

31


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  1         (e)  A copy of the current rules of the homeowners'

  2  association.

  3         (f)  The minutes of all meetings of the board of

  4  directors and of the members, which minutes must be retained

  5  for at least 7 years.

  6         (g)  A current roster of all members and their mailing

  7  addresses and parcel identifications.

  8         (h)  All of the association's insurance policies or a

  9  copy thereof, which policies must be retained for at least 7

10  years.

11         (i)  A current copy of all contracts to which the

12  association is a party, including, without limitation, any

13  management agreement, lease, or other contract under which the

14  association has any obligation or responsibility.  Bids

15  received by the association for work to be performed must also

16  be considered official records and must be kept for a period

17  of 1 year.

18         (j)  The financial and accounting records of the

19  association, kept according to good accounting practices.  All

20  financial and accounting records must be maintained for a

21  period of at least 7 years.  The financial and accounting

22  records must include:

23         1.  Accurate, itemized, and detailed records of all

24  receipts and expenditures.

25         2.  A current account and a periodic statement of the

26  account for each member, designating the name and current

27  address of each member who is obligated to pay assessments,

28  the due date and amount of each assessment or other charge

29  against the member, the date and amount of each payment on the

30  account, and the balance due.

31


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  1         3.  All tax returns, financial statements, and

  2  financial reports of the association.

  3         4.  Any other records that identify, measure, record,

  4  or communicate financial information.

  5         (5)  INSPECTION AND COPYING OF RECORDS.--The official

  6  records shall be maintained within the state and must be open

  7  to inspection and available for photocopying by members or

  8  their authorized agents at reasonable times and places within

  9  10 business days after receipt of a written request for

10  access. This subsection may be complied with by having a copy

11  of the official records available for inspection or copying in

12  the community.

13         (a)  The failure of an association to provide access to

14  the records within 10 business days after receipt of a written

15  request creates a rebuttable presumption that the association

16  willfully failed to comply with this subsection.

17         (b)  A member who is denied access to official records

18  is entitled to the actual damages or minimum damages for the

19  association's willful failure to comply with this subsection.

20  The minimum damages are to be $50 per calendar day up to 10

21  days, the calculation to begin on the 11th business day after

22  receipt of the written request.

23         (c)  The association may adopt reasonable written rules

24  governing the frequency, time, location, notice, and manner of

25  inspections, and may impose fees to cover the costs of

26  providing copies of the official records, including, without

27  limitation, the costs of copying.  The association shall

28  maintain an adequate number of copies of the recorded

29  governing documents, to ensure their availability to members

30  and prospective members, and may charge only its actual costs

31


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  1  for reproducing and furnishing these documents to those

  2  persons who are entitled to receive them.

  3         (6)  BUDGETS.--The association shall prepare an annual

  4  budget. The budget must reflect the estimated revenues and

  5  expenses for that year and the estimated surplus or deficit as

  6  of the end of the current year.  The budget must set out

  7  separately all fees or charges for recreational amenities,

  8  whether owned by the association, the developer, or another

  9  person.  The association shall provide each member with a copy

10  of the annual budget or a written notice that a copy of the

11  budget is available upon request at no charge to the member.

12  The copy must be provided to the member within the time limits

13  set forth in subsection (5).

14         (7)  FINANCIAL REPORTING.--The association shall

15  prepare an annual financial report within 60 days after the

16  close of the fiscal year. The association shall, within the

17  time limits set forth in subsection (5), provide each member

18  with a copy of the annual financial report or a written notice

19  that a copy of the financial report is available upon request

20  at no charge to the member.  The financial report must consist

21  of either:

22         (a)  Financial statements presented in conformity with

23  generally accepted accounting principles; or

24         (b)  A financial report of actual receipts and

25  expenditures, cash basis, which report must show:

26         1.  The amount of receipts and expenditures by

27  classification; and

28         2.  The beginning and ending cash balances of the

29  association.

30         (8)  ASSOCIATION FUNDS; COMMINGLING.--

31


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  1         (a)  All association funds held by a developer shall be

  2  maintained separately in the association's name. Reserve and

  3  operating funds of the association shall not be commingled

  4  prior to turnover except the association may jointly invest

  5  reserve funds; however, such jointly invested funds must be

  6  accounted for separately.

  7         (b)  No developer in control of a homeowners'

  8  association shall commingle any association funds with his or

  9  her funds or with the funds of any other homeowners'

10  association or community association.

11         (9)  APPLICABILITY.--Sections 617.1601-617.1604 do not

12  apply to a homeowners' association in which the members have

13  the inspection and copying rights set forth in this section.

14         Section 47.  Section 617.306, Florida Statutes, is

15  transferred and renumbered as section 720.306, Florida

16  Statutes, and amended to read:

17         720.306 617.306  Associations; meetings of members;

18  voting and election procedures; amendments.--

19         (1)  QUORUM; AMENDMENTS.--

20         (a)  Unless a lower number is provided in the bylaws,

21  the percentage of voting interests required to constitute a

22  quorum at a meeting of the members shall be 30 percent of the

23  total voting interests. Unless otherwise provided in this

24  chapter or in the articles of incorporation or bylaws,

25  decisions that require a vote of the members must be made by

26  the concurrence of at least a majority of the voting interests

27  present, in person or by proxy, at a meeting at which a quorum

28  has been attained.

29         (b)  Unless otherwise provided in the governing

30  documents or required by law, and other than those matters set

31  forth in paragraph (c), any governing document of an


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  1  association may be amended by the affirmative vote of

  2  two-thirds of the voting interests of the association.

  3         (c)  Unless otherwise provided in the governing

  4  documents as originally recorded, an amendment may not affect

  5  vested rights unless the record owner of the affected parcel

  6  and all record owners of liens on the affected parcels join in

  7  the execution of the amendment.

  8         (2)  ANNUAL MEETING.--The association shall hold a

  9  meeting of its members annually for the transaction of any and

10  all proper business at a time, date, and place stated in, or

11  fixed in accordance with, the bylaws.  The election of

12  directors, if one is required to be held, must be held at, or

13  in conjunction with, the annual meeting or as provided in the

14  governing documents.

15         (3)  SPECIAL MEETINGS.--Special meetings must be held

16  when called by the board of directors or, unless a different

17  percentage is stated in the governing documents, by at least

18  10 percent of the total voting interests of the association.

19  Business conducted at a special meeting is limited to the

20  purposes described in the notice of the meeting.

21         (4)  CONTENT OF NOTICE.--Unless law or the governing

22  documents require otherwise, notice of an annual meeting need

23  not include a description of the purpose or purposes for which

24  the meeting is called.  Notice of a special meeting must

25  include a description of the purpose or purposes for which the

26  meeting is called.

27         (5)  ADJOURNMENT.--Unless the bylaws require otherwise,

28  adjournment of an annual or special meeting to a different

29  date, time, or place must be announced at that meeting before

30  an adjournment is taken, or notice must be given of the new

31  date, time, or place pursuant to s. 720.303(2) s. 617.303(2).


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  1  Any business that might have been transacted on the original

  2  date of the meeting may be transacted at the adjourned

  3  meeting.  If a new record date for the adjourned meeting is or

  4  must be fixed under s. 617.0707, notice of the adjourned

  5  meeting must be given to persons who are entitled to vote and

  6  are members as of the new record date but were not members as

  7  of the previous record date.

  8         (6)  PROXY VOTING.--The members have the right, unless

  9  otherwise provided in this subsection or in the governing

10  documents, to vote in person or by proxy.  To be valid, a

11  proxy must be dated, must state the date, time, and place of

12  the meeting for which it was given, and must be signed by the

13  authorized person who executed the proxy.  A proxy is

14  effective only for the specific meeting for which it was

15  originally given, as the meeting may lawfully be adjourned and

16  reconvened from time to time, and automatically expires 90

17  days after the date of the meeting for which it was originally

18  given.  A proxy is revocable at any time at the pleasure of

19  the person who executes it.  If the proxy form expressly so

20  provides, any proxy holder may appoint, in writing, a

21  substitute to act in his or her place.

22         (7)  ELECTIONS.--Elections of directors must be

23  conducted in accordance with the procedures set forth in the

24  governing documents of the association.  All members of the

25  association shall be eligible to serve on the board of

26  directors, and a member may nominate himself or herself as a

27  candidate for the board at a meeting where the election is to

28  be held.  Except as otherwise provided in the governing

29  documents, boards of directors must be elected by a plurality

30  of the votes cast by eligible voters.

31


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  1         (8)  RECORDING.--Any parcel owner may tape record or

  2  videotape meetings of the board of directors and meetings of

  3  the members.  The board of directors of the association may

  4  adopt reasonable rules governing the taping of meetings of the

  5  board and the membership.

  6         Section 48.  Section 617.307, Florida Statutes, is

  7  transferred and renumbered as section 720.307, Florida

  8  Statutes, and amended to read:

  9         720.307 617.307  Transition of homeowners' association

10  control in a community.--With respect to homeowners'

11  associations as defined in s. 617.301:

12         (1)  Members other than the developer are entitled to

13  elect at least a majority of the members of the board of

14  directors of the homeowners' association when the earlier of

15  the following events occurs:

16         (a)  Three months after 90 percent of the parcels in

17  all phases of the community that will ultimately be operated

18  by the homeowners' association have been conveyed to members;

19  or

20         (b)  Such other percentage of the parcels has been

21  conveyed to members, or such other date or event has occurred,

22  as is set forth in the governing documents in order to comply

23  with the requirements of any governmentally chartered entity

24  with regard to the mortgage financing of parcels.

25

26  For purposes of this section, the term "members other than the

27  developer" shall not include builders, contractors, or others

28  who purchase a parcel for the purpose of constructing

29  improvements thereon for resale.

30         (2)  The developer is entitled to elect at least one

31  member of the board of directors of the homeowners'


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  1  association as long as the developer holds for sale in the

  2  ordinary course of business at least 5 percent of the parcels

  3  in all phases of the community. After the developer

  4  relinquishes control of the homeowners' association, the

  5  developer may exercise the right to vote any developer-owned

  6  voting interests in the same manner as any other member,

  7  except for purposes of reacquiring control of the homeowners'

  8  association or selecting the majority of the members of the

  9  board of directors.

10         (3)  At the time the members are entitled to elect at

11  least a majority of the board of directors of the homeowners'

12  association, the developer shall, at the developer's expense,

13  within no more than 90 days deliver the following documents to

14  the board:

15         (a)  All deeds to common property owned by the

16  association.

17         (b)  The original of the association's declarations of

18  covenants and restrictions.

19         (c)  A certified copy of the articles of incorporation

20  of the association.

21         (d)  A copy of the bylaws.

22         (e)  The minute books, including all minutes.

23         (f)  The books and records of the association.

24         (g)  Policies, rules, and regulations, if any, which

25  have been adopted.

26         (h)  Resignations of directors who are required to

27  resign because the developer is required to relinquish control

28  of the association.

29         (i)  The financial records of the association from the

30  date of incorporation through the date of turnover.

31         (j)  All association funds and control thereof.


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  1         (k)  All tangible property of the association.

  2         (l)  A copy of all contracts which may be in force with

  3  the association as one of the parties.

  4         (m)  A list of the names and addresses and telephone

  5  numbers of all contractors, subcontractors, or others in the

  6  current employ of the association.

  7         (n)  Any and all insurance policies in effect.

  8         (o)  Any permits issued to the association by

  9  governmental entities.

10         (p)  Any and all warranties in effect.

11         (q)  A roster of current homeowners and their addresses

12  and telephone numbers and section and lot numbers.

13         (r)  Employment and service contracts in effect.

14         (s)  All other contracts in effect to which the

15  association is a party.

16         (4)  This section does not apply to a homeowners'

17  association in existence on the effective date of this act, or

18  to a homeowners' association, no matter when created, if such

19  association is created in a community that is included in an

20  effective development-of-regional-impact development order as

21  of the effective date of this act, together with any approved

22  modifications thereof.

23         Section 49.  Section 617.3075, Florida Statutes, is

24  transferred and renumbered as section 720.3075, Florida

25  Statutes, and amended to read:

26         720.3075 617.3075  Prohibited clauses in homeowners'

27  association documents.--

28         (1)  It is hereby declared that the public policy of

29  this state prohibits the inclusion or enforcement of certain

30  types of clauses in homeowners' association documents,

31  including declaration of covenants, articles of incorporation,


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  1  bylaws, or any other document of the association which binds

  2  members of the association, which either have the effect of or

  3  provide that:

  4         (a)  A developer has the unilateral ability and right

  5  to make changes to the homeowners' association documents after

  6  the transition of homeowners' association control in a

  7  community from the developer to the nondeveloper members, as

  8  set forth in s. 720.307 s. 617.307, has occurred.

  9         (b)  A homeowners' association is prohibited or

10  restricted from filing a lawsuit against the developer, or the

11  homeowners' association is otherwise effectively prohibited or

12  restricted from bringing a lawsuit against the developer.

13         (c)  After the transition of homeowners' association

14  control in a community from the developer to the nondeveloper

15  members, as set forth in s. 720.307 s. 617.307, has occurred,

16  a developer is entitled to cast votes in an amount that

17  exceeds one vote per residential lot.

18

19  Such clauses are hereby declared null and void as against the

20  public policy of this state.

21         (2)  The public policy described in subsection (1)

22  prohibits the inclusion or enforcement of such clauses created

23  on or after the effective date of section 3 of chapter 98-261,

24  Laws of Florida this section.

25         Section 50.  Section 617.311, Florida Statutes, is

26  transferred and renumbered as section 720.311, Florida

27  Statutes, and amended to read:

28         720.311 617.311  Dispute resolution.--The Legislature

29  finds that alternative dispute resolution has made progress in

30  reducing court dockets and trials and in offering a more

31  efficient, cost-effective option to litigation.  At any time


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  1  after the filing in a court of competent jurisdiction of a

  2  complaint relating to a dispute under ss. 720.301-720.312 ss.

  3  617.301-617.312, the court may order that the parties enter

  4  mediation or arbitration procedures.

  5         Section 51.  Sections 617.304, 617.305, 617.308,

  6  617.309, 617.31, and 617.312, Florida Statutes, are

  7  transferred and renumbered as sections 720.304, 720.305,

  8  720.308, 720.309, 720.31, and 720.312, Florida Statutes,

  9  respectively.

10         Section 52.  Subsection (6) of section 617.0601,

11  Florida Statutes, is amended to read:

12         617.0601  Members, generally.--

13         (6)  Subsections (1), (2), (3), and (4) do not apply to

14  a corporation that is an association as defined in s. 720.301

15  s. 617.301.

16         Section 53.  Subsection (6) of section 617.0701,

17  Florida Statutes, is amended to read:

18         617.0701  Meetings of members, generally; failure to

19  hold annual meeting; special meeting; consent to corporate

20  actions without meetings; waiver of notice of meetings.--

21         (6)  Subsections (1) and (3) do not apply to any

22  corporation that is an association as defined in s. 720.301 s.

23  617.301.

24         Section 54.  Subsection (6) of section 617.0721,

25  Florida Statutes, is amended to read:

26         617.0721  Voting by members.--

27         (6)  Subsections (1), (2), (4), and (5) do not apply to

28  a corporation that is an association as defined in s. 720.301

29  s. 617.301.

30         Section 55.  Section 617.0831, Florida Statutes, is

31  amended to read:


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  1         617.0831  Indemnification and liability of officers,

  2  directors, employees, and agents.--Except as provided in s.

  3  617.0834, ss. 607.0831 and 607.0850 apply to a corporation

  4  organized under this act and a rural electric cooperative

  5  organized under chapter 425. Any reference to "directors" in

  6  those sections includes the directors, managers, or trustees

  7  of a corporation organized under this act or of a rural

  8  electric cooperative organized under chapter 425. However, the

  9  term "director" as used in ss. 607.0831 and 607.0850 does not

10  include a director appointed by the developer to the board of

11  directors of a condominium association under chapter 718, a

12  cooperative association under chapter 719, a homeowners'

13  association defined in s. 720.301 s. 617.301, or a timeshare

14  managing entity under chapter 721. Any reference to

15  "shareholders" in those sections includes members of a

16  corporation organized under this act and members of a rural

17  electric cooperative organized under chapter 425.

18         Section 56.  Subsection (4) of section 712.01, Florida

19  Statutes, is amended to read:

20         712.01  Definitions.--As used in this law:

21         (4)  The term "homeowners' association" means a

22  homeowners' association as defined in s. 720.301 s.

23  617.301(7), or an association of parcel owners which is

24  authorized to enforce use restrictions that are imposed on the

25  parcels.

26         Section 57.  Subsection (1) of section 723.0751,

27  Florida Statutes, is amended to read:

28         723.0751  Mobile home subdivision homeowners'

29  association.--

30         (1)  In the event that no homeowners' association has

31  been created pursuant to ss. 720.301-720.312 ss.


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  1  617.301-617.312 to operate a mobile home subdivision, the

  2  owners of lots in such mobile home subdivision shall be

  3  authorized to create a mobile home subdivision homeowners'

  4  association in the manner prescribed in ss. 723.075, 723.076,

  5  and 723.078 which shall have the powers and duties, to the

  6  extent applicable, set forth in ss. 723.002(2) and 723.074.

  7         Section 58.  Subsection (5) of section 849.085, Florida

  8  Statutes, is amended to read:

  9         849.085  Certain penny-ante games not crimes;

10  restrictions.--

11         (5)  The conduct of any penny-ante game within the

12  common elements or common area of a condominium, cooperative,

13  residential subdivision, or mobile home park or the conduct of

14  any penny-ante game within the dwelling of an eligible

15  organization as defined in subsection (2) or within a publicly

16  owned community center owned by a municipality or county

17  creates no civil liability for damages arising from the

18  penny-ante game on the part of a condominium association,

19  cooperative association, a homeowners' association as defined

20  in s. 720.301 s. 617.301, mobile home owner's association,

21  dwelling owner, or municipality or county or on the part of a

22  unit owner who was not a participant in the game.

23         Section 59.  Subsection (4) and paragraph (e) of

24  subsection (11) of section 849.0931, Florida Statutes, are

25  amended to read:

26         849.0931  Bingo authorized; conditions for conduct;

27  permitted uses of proceeds; limitations.--

28         (4)  The right of a condominium association, a

29  cooperative association, a homeowners' association as defined

30  in s. 702.301 s. 617.301, a mobile home owners' association, a

31  group of residents of a mobile home park as defined in chapter


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  1  723, or a group of residents of a mobile home park or

  2  recreational vehicle park as defined in chapter 513 to conduct

  3  bingo is conditioned upon the return of the net proceeds from

  4  such games to players in the form of prizes after having

  5  deducted the actual business expenses for such games for

  6  articles designed for and essential to the operation, conduct,

  7  and playing of bingo. Any net proceeds remaining after paying

  8  prizes may be donated by the association to a charitable,

  9  nonprofit, or veterans' organization which is exempt from

10  federal income tax under the provisions of s. 501(c) of the

11  Internal Revenue Code to be used in such recipient

12  organization's charitable, civic, community, benevolent,

13  religious, or scholastic works or similar activities or, in

14  the alternative, such remaining proceeds shall be used as

15  specified in subsection (3).

16         (11)  Bingo games may be held only on the following

17  premises:

18         (e)  With respect to bingo games conducted by a

19  condominium association, a cooperative association, a

20  homeowners' association as defined in s. 720.301 s. 617.301, a

21  mobile home owners' association, a group of residents of a

22  mobile home park as defined in chapter 723, or a group of

23  residents of a mobile home park or recreational vehicle park

24  as defined in chapter 513, property owned by the association,

25  property owned by the residents of the mobile home park or

26  recreational vehicle park, or property which is a common area

27  located within the condominium, mobile home park, or

28  recreational vehicle park.

29         Section 60.  Section 849.094, Florida Statutes, is

30  amended to read:

31


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  1         849.094  Game promotion in connection with sale of

  2  consumer products or services.--

  3         (1)  As used in this section, the term:

  4         (a)  "Game promotion" means, but is not limited to, a

  5  contest, game of chance, or gift enterprise, conducted within

  6  or throughout the state and other states in connection with

  7  the sale of consumer products or services, and in which the

  8  elements of chance and prize are present. However, "game

  9  promotion" shall not be construed to apply to bingo games

10  conducted pursuant to s. 849.0931.

11         (b)  "Operator" means any person, firm, corporation, or

12  association or agent or employee thereof who promotes,

13  operates, or conducts a game promotion, except any charitable

14  nonprofit organization.

15         (2)  It is unlawful for any operator:

16         (a)  To design, engage in, promote, or conduct such a

17  game promotion, in connection with the promotion or sale of

18  consumer products or services, wherein the winner may be

19  predetermined or the game may be manipulated or rigged so as

20  to:

21         1.  Allocate a winning game or any portion thereof to

22  certain lessees, agents, or franchises; or

23         2.  Allocate a winning game or part thereof to a

24  particular period of the game promotion or to a particular

25  geographic area;

26         (b)  Arbitrarily to remove, disqualify, disallow, or

27  reject any entry;

28         (c)  To fail to award prizes offered;

29         (d)  To print, publish, or circulate literature or

30  advertising material used in connection with such game

31  promotions which is false, deceptive, or misleading; or


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  1         (e)  To require an entry fee, payment, or proof of

  2  purchase as a condition of entering a game promotion.

  3         (3)  The operator of a game promotion in which the

  4  total announced value of the prizes offered is greater than

  5  $5,000 shall file with the Department of Agriculture and

  6  Consumer Services State a copy of the rules and regulations of

  7  the game promotion and a list of all prizes and prize

  8  categories offered at least 7 days before the commencement of

  9  the game promotion.  Such rules and regulations may not

10  thereafter be changed, modified, or altered.  The operator of

11  a game promotion shall conspicuously post the rules and

12  regulations of such game promotion in each and every retail

13  outlet or place where such game promotion may be played or

14  participated in by the public and shall also publish the rules

15  and regulations in all advertising copy used in connection

16  therewith.  Radio and television announcements may indicate

17  that the rules and regulations are available at retail outlets

18  or from the operator of the promotion. A nonrefundable filing

19  fee of $100 shall accompany each filing and shall be deposited

20  into the Division of Licensing Trust Fund to be used to pay

21  the costs incurred in administering and enforcing the

22  provisions of this section.

23         (4)(a)  Every operator of such a game promotion in

24  which the total announced value of the prizes offered is

25  greater than $5,000 shall establish a trust account, in a

26  national or state-chartered financial institution, with a

27  balance sufficient to pay or purchase the total value of all

28  prizes offered. On a form supplied by the Department of

29  Agriculture and Consumer Services State, an official of the

30  financial institution holding the trust account shall set

31  forth the dollar amount of the trust account, the identity of


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  1  the entity or individual establishing the trust account, and

  2  the name of the game promotion for which the trust account has

  3  been established.  Such form shall be filed with the

  4  Department of Agriculture and Consumer Services State at least

  5  7 days in advance of the commencement of the game promotion.

  6  In lieu of establishing such trust account, the operator may

  7  obtain a surety bond in an amount equivalent to the total

  8  value of all prizes offered; and such bond shall be filed with

  9  the Department of Agriculture and Consumer Services State at

10  least 7 days in advance of the commencement of the game

11  promotion.

12         1.  The moneys held in the trust account may be

13  withdrawn in order to pay the prizes offered only upon

14  certification to the Department of Agriculture and Consumer

15  Services State of the name of the winner or winners and the

16  amount of the prize or prizes and the value thereof.

17         2.  If the operator of a game promotion has obtained a

18  surety bond in lieu of establishing a trust account, the

19  amount of the surety bond shall equal at all times the total

20  amount of the prizes offered.

21         (b)  The Department of Agriculture and Consumer

22  Services State may waive the provisions of this subsection for

23  any operator who has conducted game promotions in the state

24  for not less than 5 consecutive years and who has not had any

25  civil, criminal, or administrative action instituted against

26  him or her by the state or an agency of the state for

27  violation of this section within that 5-year period. Such

28  waiver may be revoked upon the commission of a violation of

29  this section by such operator, as determined by the Department

30  of Agriculture and Consumer Services State.

31


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  1         (5)  Every operator of a game promotion in which the

  2  total announced value of the prizes offered is greater than

  3  $5,000 shall provide the Department of Agriculture and

  4  Consumer Services State with a certified list of the names and

  5  addresses of all persons, whether from this state or from

  6  another state, who have won prizes which have a value of more

  7  than $25, the value of such prizes, and the dates when the

  8  prizes were won within 60 days after such winners have been

  9  finally determined. The operator shall provide a copy of the

10  list of winners, without charge, to any person who requests

11  it.  In lieu of the foregoing, the operator of a game

12  promotion may, at his or her option, publish the same

13  information about the winners in a Florida newspaper of

14  general circulation within 60 days after such winners have

15  been determined and shall provide to the Department of

16  Agriculture and Consumer Services State a certified copy of

17  the publication containing the information about the winners.

18  The operator of a game promotion is not required to notify a

19  winner by mail or by telephone when the winner is already in

20  possession of a game card from which the winner can determine

21  that he or she has won a designated prize.  All winning

22  entries shall be held by the operator for a period of 90 days

23  after the close or completion of the game.

24         (6)  The Department of Agriculture and Consumer

25  Services State shall keep the certified list of winners for a

26  period of at least 6 months after receipt of the certified

27  list. The department thereafter may dispose of all records and

28  lists.

29         (7)  No operator shall force, directly or indirectly, a

30  lessee, agent, or franchise dealer to purchase or participate

31  in any game promotion. For the purpose of this section,


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  1  coercion or force shall be presumed in these circumstances in

  2  which a course of business extending over a period of 1 year

  3  or longer is materially changed coincident with a failure or

  4  refusal of a lessee, agent, or franchise dealer to participate

  5  in such game promotions. Such force or coercion shall further

  6  be presumed when an operator advertises generally that game

  7  promotions are available at its lessee dealers or agent

  8  dealers.

  9         (8)(a)  The Department of Agriculture and Consumer

10  Services State shall have the power to promulgate such rules

11  and regulations respecting the operation of game promotions as

12  it may deem advisable.

13         (b)  Whenever the Department of Agriculture and

14  Consumer Services State or the Department of Legal Affairs has

15  reason to believe that a game promotion is being operated in

16  violation of this 2ection, it may bring an action in the

17  circuit court of any judicial circuit in which the game

18  promotion is being operated in the name and on behalf of the

19  people of the state against any operator thereof to enjoin the

20  continued operation of such game promotion anywhere within the

21  state.

22         (9)(a)  Any person, firm, or corporation, or

23  association or agent or employee thereof, who engages in any

24  acts or practices stated in this section to be unlawful, or

25  who violates any of the rules and regulations made pursuant to

26  this section, is guilty of a misdemeanor of the second degree,

27  punishable as provided in s. 775.082 or s. 775.083.

28         (b)  Any person, firm, corporation, association, agent,

29  or employee who violates any provision of this section or any

30  of the rules and regulations made pursuant to this section

31  shall be liable for a civil penalty of not more than $1,000


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  1  for each such violation, which shall accrue to the state and

  2  may be recovered in a civil action brought by the Department

  3  of Agriculture and Consumer Services State or the Department

  4  of Legal Affairs.

  5         (10)  This section does not apply to actions or

  6  transactions regulated by the Department of Business and

  7  Professional Regulation or to the activities of nonprofit

  8  organizations or to any other organization engaged in any

  9  enterprise other than the sale of consumer products or

10  services. Subsections (3), (4), (5), (6), and (7) and

11  paragraph (8)(a) and any of the rules made pursuant thereto do

12  not apply to television or radio broadcasting companies

13  licensed by the Federal Communications Commission.

14         Section 61.  Subsection (2) of section 790.06, Florida

15  Statutes, is amended to read:

16         790.06  License to carry concealed weapon or firearm.--

17         (2)  The Department of State shall issue a license if

18  the applicant:

19         (a)  Is a resident of the United States or is a

20  consular security official of a foreign government that

21  maintains diplomatic relations and treaties of commerce,

22  friendship, and navigation with the United States and is

23  certified as such by the foreign government and by the

24  appropriate embassy in this country;

25         (b)  Is 21 years of age or older;

26         (c)  Does not suffer from a physical infirmity which

27  prevents the safe handling of a weapon or firearm;

28         (d)  Is not ineligible to possess a firearm pursuant to

29  s. 790.23 by virtue of having been convicted of a felony;

30         (e)  Has not been committed for the abuse of a

31  controlled substance or been found guilty of a crime under the


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  1  provisions of chapter 893 or similar laws of any other state

  2  relating to controlled substances within a 3-year period

  3  immediately preceding the date on which the application is

  4  submitted;

  5         (f)  Does not chronically and habitually use alcoholic

  6  beverages or other substances to the extent that his or her

  7  normal faculties are impaired. It shall be presumed that an

  8  applicant chronically and habitually uses alcoholic beverages

  9  or other substances to the extent that his or her normal

10  faculties are impaired if the applicant has been committed

11  under chapter 397 or under the provisions of former chapter

12  396 or has been convicted under s. 790.151 or has been deemed

13  a habitual offender under s. 856.011(3), or has had two or

14  more convictions under s. 316.193 or similar laws of any other

15  state, within the 3-year period immediately preceding the date

16  on which the application is submitted;

17         (g)  Desires a legal means to carry a concealed weapon

18  or firearm for lawful self-defense;

19         (h)  Demonstrates competence with a firearm by any one

20  of the following:

21         1.  Completion of any hunter education or hunter safety

22  course approved by the Fish and Wildlife Conservation

23  Commission or a similar agency of another state;

24         2.  Completion of any National Rifle Association

25  firearms safety or training course;

26         3.  Completion of any firearms safety or training

27  course or class available to the general public offered by a

28  law enforcement, junior college, college, or private or public

29  institution or organization or firearms training school,

30  utilizing instructors certified by the National Rifle

31


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  1  Association, Criminal Justice Standards and Training

  2  Commission, or the Department of State;

  3         4.  Completion of any law enforcement firearms safety

  4  or training course or class offered for security guards,

  5  investigators, special deputies, or any division or

  6  subdivision of law enforcement or security enforcement;

  7         5.  Presents evidence of equivalent experience with a

  8  firearm through participation in organized shooting

  9  competition or military service;

10         6.  Is licensed or has been licensed to carry a firearm

11  in this state or a county or municipality of this state,

12  unless such license has been revoked for cause; or

13         7.  Completion of any firearms training or safety

14  course or class conducted by a state-certified or National

15  Rifle Association certified firearms instructor;

16

17  A photocopy of a certificate of completion of any of the

18  courses or classes; or an affidavit from the instructor,

19  school, club, organization, or group that conducted or taught

20  said course or class attesting to the completion of the course

21  or class by the applicant; or a copy of any document which

22  shows completion of the course or class or evidences

23  participation in firearms competition shall constitute

24  evidence of qualification under this paragraph; any person who

25  conducts a course pursuant to subparagraph 2., subparagraph

26  3., or subparagraph 7., or who, as an instructor, attests to

27  the completion of such courses, must maintain records

28  certifying that he or she observed the student safely handle

29  and discharge the firearm;

30         (i)  Has not been adjudicated an incapacitated person

31  under s. 744.331, or similar laws of any other state, unless 5


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  1  years have elapsed since the applicant's restoration to

  2  capacity by court order;

  3         (j)  Has not been committed to a mental institution

  4  under chapter 394, or similar laws of any other state, unless

  5  the applicant produces a certificate from a licensed

  6  psychiatrist that he or she has not suffered from disability

  7  for at least 5 years prior to the date of submission of the

  8  application;

  9         (k)  Has not had adjudication of guilt withheld or

10  imposition of sentence suspended on any felony or misdemeanor

11  crime of domestic violence unless 3 years have elapsed since

12  probation or any other conditions set by the court have been

13  fulfilled, or the record has been sealed or expunged; and

14         (l)  Has not been issued an injunction that is

15  currently in force and effect and that restrains the applicant

16  from committing acts of domestic violence or acts of repeat

17  violence; and.

18         (m)  Is not prohibited from purchasing or possessing a

19  firearm by any other provision of Florida or federal law.

20         Section 62.  Present subsections (14) through (18) of

21  section 266.0016, Florida Statutes, are renumbered as

22  subsections (15) through (19), respectively, subsection (15)

23  is amended, and a new subsection (14) is added to said

24  section, to read:

25         266.0016  Powers of the board.--The department shall

26  monitor the effectiveness of all programs of the board and

27  oversee the board to ensure that it complies with state laws

28  and rules.  The board is the governing body and shall exercise

29  those powers delegated to it by the department.  These

30  delegated powers shall include, but not be limited to, the

31  power to:


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  1         (14)  Enter into agreements to accept credit card

  2  payments as compensation, and establish accounts in credit

  3  card banks for the deposit of credit card sales invoices.

  4         (15)(a)(14)  Fix and collect charges for admission to

  5  any of the facilities operated and maintained by the board

  6  under the provisions of ss. 266.0011-266.0018. and

  7         (b)  Permit the acceptance of tour vouchers issued by

  8  tour organizations or travel agents for payment of admissions.

  9         (c)  Adopt and enforce reasonable rules to govern the

10  conduct of the visiting public.

11

12  Any power delegated by the department pursuant to this section

13  may be revoked by the department at any time if, in the

14  department's determination, the board is not exercising a

15  delegated power in accordance with department rules and

16  policies or in the best interest of the state.

17         Section 63.  (1)  The Division of Historical Resources

18  of the Department of State and the Historic Pensacola

19  Preservation Board of Trustees, in conjunction with

20  representatives from West Florida counties, municipalities,

21  and postsecondary educational institutions, shall develop a

22  regionally based plan for the protection, preservation,

23  restoration, and promotion of sites, objects, and landmarks of

24  historical significance to West Florida and to the state. The

25  plan shall include, but not be limited to, the following:

26         (a)  Identification of the needs, including financial

27  needs, of the region for the protection, preservation,

28  restoration, and promotion of historically significant sites,

29  objects, and landmarks.

30         (b)  Consideration and evaluation of and

31  recommendations regarding the long-term management of those


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  1  historic resources currently under the Historic Pensacola

  2  Preservation Board of Trustees.

  3         (c)  Consideration and evaluation of and

  4  recommendations regarding the establishment of a West Florida

  5  Museum of History to serve as the center for historic

  6  protection, preservation, restoration, and promotion in the

  7  region.

  8         (d)  Recommendations for local and regional

  9  initiatives.

10         (e)  Recommendations for statutory changes and budget

11  considerations.

12         (2)  The plan shall be submitted to the President of

13  the Senate and the Speaker of the House of Representatives no

14  later than January 1, 2001.

15         Section 64.  The Secretary of State shall review the

16  Florida Statutes, identify any provisions relating to the

17  performance of constitutional or cabinet duties of the

18  Secretary of State, and recommend changes to those sections of

19  law to the President of the Senate and the Speaker of the

20  House of Representatives by January 1, 2002.

21         Section 65.  The John and Mable Ringling Museum of Art

22  is transferred from the Board of Trustees of the John and

23  Mable Ringling Museum of Art in the Department of State to the

24  Florida State University.

25         Section 66.  Section 240.711, Florida Statutes, is

26  created to read:

27         240.711  Ringling Center for Cultural Arts.--

28         (1)  The Florida State University Ringling Center for

29  Cultural Arts is created. The center consists of the following

30  properties located in Sarasota County:

31


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  1         (a)  The John and Mable Ringling Museum of Art composed

  2  of:

  3         1.  The art museum;

  4         2.  The Ca' d'Zan (the Ringling residence); and

  5         3.  The Ringling Museum of the Circus.

  6         (b)  The Florida State University Center for the Fine

  7  and Performing Arts, including the Asolo Theater and the

  8  Florida State University Center for the Performing Arts, both

  9  of which shall provide for academic programs in theatre,

10  dance, art, art history, and museum management.

11

12  The center shall be operated by the Florida State University,

13  which shall be charged with encouraging participation by K-12

14  schools and by other colleges and universities, public and

15  private, in the educational and cultural enrichment programs

16  of the center.

17         (2)(a)  The John and Mable Ringling Museum of Arts is

18  designated as the official Art Museum of the State of Florida.

19  The purpose and function of the museum is to maintain and

20  preserve all objects of art and artifacts donated to the state

21  through the will of John Ringling; to acquire and preserve

22  objects of art or artifacts of historical or cultural

23  significance; to exhibit such objects to the public; to

24  undertake scholarly research and publication, including that

25  relating to the collection; to provide educational programs

26  for students at K-12 schools and those in college and graduate

27  school and enrichment programs for children and adults; to

28  assist other museums in the state and nation through education

29  programs and through loaning objects from the collection when

30  such loans do not threaten the safety and security of the

31  objects; to enhance knowledge and appreciation of the


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  1  collection; and to engage in other activities related to

  2  visual arts which benefit the public. The museum shall also

  3  engage in programs on the national and international level to

  4  enhance further the cultural resources of the state.

  5         (b)  The Florida State University shall approve a John

  6  and Mable Ringling Museum of Art direct-support organization.

  7  Such direct-support organization shall consist of no more than

  8  31 members appointed by the president of the university from a

  9  list of nominees provided by the Ringling direct-support

10  organization. No fewer than one-third of the members must be

11  residents of Sarasota and Manatee Counties, and the remaining

12  members may reside elsewhere. The current members of the Board

13  of Trustees of the John and Mable Ringling Museum of Art may

14  be members of the direct-support organization. They shall

15  develop a charter and by-laws to govern their operation, and

16  these shall be subject to approval by the Florida State

17  University.

18         (c)  The John and Mable Ringling Museum of Art

19  direct-support organization, operating under the charter and

20  by-laws and such contracts as are approved by the university,

21  shall set policies to maintain and preserve the collections of

22  the Art Museum; the Circus Museum; the furnishings and objects

23  in the Ringling home, referred as the Ca' d'Zan; and other

24  objects of art and artifacts in the custody of the museum.

25  Title to all such collections, art objects, and artifacts of

26  the museums and its facilities shall remain with the Florida

27  State University, which shall assign state registration

28  numbers to, and conduct annual inventories of, all such

29  properties. The direct-support organization shall develop

30  policy for the museum, subject to the provisions of the John

31  Ringling will and the overall direction of the president of


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  1  the university; and it is invested with power and authority to

  2  nominate a museum director who is appointed by and serves at

  3  the pleasure of the president of the university and shall

  4  report to the provost of the university or his or her

  5  designee. The museum director, with the approval of the

  6  provost or his or her designee, shall appoint other employees

  7  in accordance with Florida Statutes and rules; remove the same

  8  in accordance with Florida Statutes and rules; provide for the

  9  proper keeping of accounts and records and budgeting of funds;

10  enter into contracts for professional programs of the museum

11  and for the support and maintenance of the museum; secure

12  public liability insurance; and do and perform every other

13  matter or thing requisite to the proper management,

14  maintenance, support, and control of the museum at the highest

15  efficiency economically possible, while taking into

16  consideration the purposes of the museum.

17         (d)  Notwithstanding the provision of s. 287.057, the

18  John and Mable Ringling Museum of Art direct-support

19  organization may enter into contracts or agreements with or

20  without competitive bidding, in its discretion, for the

21  restoration of objects of art in the museum collection or for

22  the purchase of objects of art that are to be added to the

23  collection.

24         (e)  Notwithstanding s. 273.055, the university may

25  sell any art object in the museum collection, which object has

26  been acquired after 1936, if the director and the

27  direct-support organization recommend such sale to the

28  president of the university and if they first determine that

29  the object is no longer appropriate for the collection. The

30  proceeds of the sale shall be deposited in the Ringling Museum

31  Art Acquisition, Restoration, and Conservation Trust Fund. The


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  1  university also may exchange any art object in the collection,

  2  which object has been acquired after 1936, for an art object

  3  or objects that the director and the museum direct-support

  4  organization recommend to the university after judging these

  5  to be of equivalent or greater value to the museum.

  6         (f)  An employee or member of the museum direct-support

  7  organization may not receive a commission, fee, or financial

  8  benefit in connection with the sale or exchange of a work of

  9  art and may not be a business associate of any individual,

10  firm, or organization involved in the sale or exchange.

11         (g)  The university, in consultation with the

12  direct-support organization, shall establish policies and may

13  adopt rules for the sale or exchange of works of art.

14         (h)  The John and Mable Ringling Museum of Art

15  direct-support organization shall cause an annual audit of its

16  financial accounts to be conducted by an independent certified

17  public accountant, performed in accordance with generally

18  accepted accounting standards. Florida State University is

19  authorized to require and receive from the direct-support

20  organization, or from its independent auditor, any detail or

21  supplemental data relative to the operation of such

22  organization. Information that, if released, would identify

23  donors who desire to remain anonymous, is confidential and

24  exempt from the provisions of s. 119.07(1). Information that,

25  if released, would identify prospective donors is confidential

26  and exempt from the provisions of s. 119.07(1) when the

27  direct-support organization has identified the prospective

28  donor itself and has not obtained the name of the prospective

29  donor by copying, purchasing, or borrowing names from another

30  organization or source. Identities of such donors and

31


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  1  prospective donors shall not be revealed in the auditor's

  2  report.

  3         (i)  The direct-support organization is given authority

  4  to make temporary loans of paintings and other objects of art

  5  or artifacts belonging to the John and Mable Ringling Museum

  6  of Art for the purpose of public exhibition in art museums,

  7  other museums, or institutions of higher learning wherever

  8  located, including such museums or institutions in other

  9  states or countries. Temporary loans may also be made to the

10  executive mansion in Tallahassee, chapters and affiliates of

11  the John and Mable Ringling Museum of Art, and, for education

12  purposes, to schools, public libraries, or other institutions

13  in the state, if such exhibition will benefit the general

14  public as the university deems wise and for the best interest

15  of the John and Mable Ringling Museum of Art and under

16  policies established by Florida State University for the

17  protection of the paintings and other objects of art and

18  artifacts. In making temporary loans, the direct-support

19  organization shall give first preference to art museums, other

20  museums, and institutions of higher learning.

21         (j)  Notwithstanding any other provision of law, the

22  John and Mable Ringling Museum of Art direct-support

23  organization is eligible to match state funds in the Major

24  Gifts Trust Fund established pursuant to s. 240.2605 as

25  follows:

26         1.  For the first $1,353,750, matching shall be on the

27  basis of 75 cents in state matching for each dollar of private

28  funds.

29         2.  For additional funds, matching shall be provided on

30  the same basis as is authorized in s. 240.2605.

31


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  1         Section 67.  Sections 265.26 and 265.261, Florida

  2  Statutes, are repealed.

  3         Section 68.  Paragraph (e) of subsection (1) of section

  4  265.2861, Florida Statutes, is amended to read:

  5         265.2861  Cultural Institutions Program; trust fund.--

  6         (1)  CULTURAL INSTITUTIONS TRUST FUND.--There is

  7  created a Cultural Institutions Trust Fund to be administered

  8  by the Department of State for the purposes set forth in this

  9  section and to support the following programs as follows:

10         (e)  For the officially designated Art Museum of the

11  State of Florida described in s. 240.711, $2.2 million, and

12  for state-owned cultural facilities assigned to the Department

13  of State, which receive a portion of any operating funds from

14  the Department of State and one of the primary purposes of

15  which is the presentation of fine arts or performing arts,

16  $500,000 not less than $2.2 million.

17

18  The trust fund shall consist of moneys appropriated by the

19  Legislature, moneys deposited pursuant to s. 607.1901(2), and

20  moneys contributed to the fund from any other source.

21         Section 69.  Subsection (11) of section 565.02, Florida

22  Statutes, is amended to read:

23         565.02  License fees; vendors; clubs; caterers; and

24  others.--

25         (11)  The Board of Trustees of the John and Mable

26  Ringling Museum of Art direct-support organization may obtain

27  a license upon the payment of an annual license tax of $400.

28  Such license shall permit sales for consumption on the

29  premises of the museum in conjunction with artistic,

30  educational, cultural, civic, or charitable events held on the

31  premises of the museum under the auspices or authorization of


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  1  the licensee.  The issuing of a license under this subsection

  2  is not subject to any quota or limitation, except that the

  3  license shall be issued only to the direct-support

  4  organization board of trustees of the museum or its the

  5  board's designee. Except as otherwise provided in this

  6  subsection, the entity licensed hereunder shall be treated as

  7  a vendor licensed to sell by the drink the beverages mentioned

  8  herein and shall be subject to all provisions relating to such

  9  vendors.

10         Section 70.  Sections 58, 59, and 60 of this act shall

11  take effect July 1, 2001.

12         Section 71.  Except as otherwise provided in this act,

13  this act shall take effect July 1, 2000.

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