Senate Bill sb0280

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    Florida Senate - 2001        (NP)                       SB 280

    By Senator Lee





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  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 370.0603, 370.092, 370.093,

  4         370.12, 372.5712, 372.5715, 373.4135, 375.021,

  5         376.30713, 377.703, 380.012, 380.0555, 381.003,

  6         381.004, 381.0065, 381.0303, 381.90, 383.50,

  7         384.29, 393.0641, 394.875, 395.0163, 395.3036,

  8         395.4045, 395.602, 395.7015, 400.0091, 400.022,

  9         400.023, 400.141, 400.408, 400.464, 400.980,

10         402.166, 402.28, 402.50, 403.031, 403.714,

11         403.718,  403.7191, 403.7192, 408.02, 408.0361,

12         409.145, 409.1685, 409.908, 409.912, 409.946,

13         414.105, 418.302, 420.506, 420.507, 435.03,

14         435.05, 435.07, 440.15, 440.381, 440.4416,

15         443.1715, 443.232, 445.024, 446.50, 456.025,

16         456.039, 458.3135, 458.319, and 460.403, F.S.;

17         reenacting ss. 370.021(2), 375.045, 397.405,

18         409.9122(1), 445.003(6)(b), 445.009(7)(c),

19         467.001, 467.002, 467.004, 467.011, 467.0125,

20         467.014, 467.015, 467.016, 467.017, 467.201,

21         467.203, 467.205, 467.207, and 468.354(3)(b),

22         F.S.; and repealing ss. 373.4593(2)(a)-(c),

23         377.709(5)(b), 381.0045(3), 383.0112(2)(g),

24         403.854(2)(b), 411.01(9)(c), 421.37, 421.38,

25         421.39, 421.40, 421.41, 421.42, 421.43, 421.44,

26         421.45, 427.0159(2), and 464.0045, F.S.,

27         pursuant to s. 11.242, F.S.; deleting

28         provisions which have expired, have become

29         obsolete, have had their effect, have served

30         their purpose, or have been impliedly repealed

31         or superseded; replacing incorrect

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  1         cross-references and citations; correcting

  2         grammatical, typographical, and like errors;

  3         removing inconsistencies, redundancies, and

  4         unnecessary repetition in the statutes;

  5         improving the clarity of the statutes and

  6         facilitating their correct interpretation; and

  7         confirming the restoration of provisions

  8         unintentionally omitted from republication in

  9         the acts of the Legislature during the

10         amendatory process.

11

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

13

14         Section 1.  Subsection (2) of section 370.021, Florida

15  Statutes, is reenacted to read:

16         370.021  Administration; rules, publications, records;

17  penalties; injunctions.--

18         (2)  MAJOR VIOLATIONS.--In addition to the penalties

19  provided in paragraphs (1)(a) and (b), the court shall assess

20  additional penalties against any person, firm, or corporation

21  convicted of major violations as follows:

22         (a)  For a violation involving more than 100 illegal

23  blue crabs, crawfish, or stone crabs, an additional penalty of

24  $10 for each illegal blue crab, crawfish, stone crab, or part

25  thereof.

26         (b)  For a violation involving the taking or harvesting

27  of shrimp from a nursery or other prohibited area, or any two

28  violations within a 12-month period involving shrimping gear,

29  minimum size (count), or season, an additional penalty of $10

30  for each pound of illegal shrimp or part thereof.

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  1         (c)  For a violation involving the taking or harvesting

  2  of oysters from nonapproved areas or the taking or possession

  3  of unculled oysters, an additional penalty of $10 for each

  4  bushel of illegal oysters.

  5         (d)  For a violation involving the taking or harvesting

  6  of clams from nonapproved areas, an additional penalty of $100

  7  for each 500 count bag of illegal clams.

  8         (e)  For a violation involving the taking, harvesting,

  9  or possession of any of the following species, which are

10  endangered, threatened, or of special concern:

11         1.  Shortnose sturgeon (Acipenser brevirostrum);

12         2.  Atlantic sturgeon (Acipenser oxyrhynchus);

13         3.  Common snook (Centropomus undecimalis);

14         4.  Atlantic loggerhead turtle (Caretta caretta

15  caretta);

16         5.  Atlantic green turtle (Chelonia mydas mydas);

17         6.  Leatherback turtle (Dermochelys coriacea);

18         7.  Atlantic hawksbill turtle (Eretmochelys imbricata

19  imbracata);

20         8.  Atlantic ridley turtle (Lepidochelys kempi); or

21         9.  West Indian manatee (Trichechus manatus

22  latirostris),

23

24  an additional penalty of $100 for each unit of marine life or

25  part thereof.

26         (f)  For a second or subsequent conviction within 24

27  months for any violation of the same law or rule involving the

28  taking or harvesting of more than 100 pounds of any finfish,

29  an additional penalty of $5 for each pound of illegal finfish.

30         (g)  For any violation involving the taking,

31  harvesting, or possession of more than 1,000 pounds of any

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  1  illegal finfish, an additional penalty equivalent to the

  2  wholesale value of the illegal finfish.

  3         (h)  The proceeds from the penalties assessed pursuant

  4  to this subsection shall be deposited into the Marine

  5  Resources Conservation Trust Fund to be used for marine

  6  fisheries research or into the commission's Federal Law

  7  Enforcement Trust Fund as provided in s. 372.107, as

  8  applicable.

  9         (i)  Permits issued to any person, firm, or corporation

10  by the commission to take or harvest saltwater products, or

11  any license issued pursuant to s. 370.06 or s. 370.07 may be

12  suspended or revoked by the commission, pursuant to the

13  provisions and procedures of s. 120.60, for any major

14  violation prescribed in this subsection:

15         1.  Upon a first conviction for a major violation, for

16  up to 30 calendar days.

17         2.  Upon a second conviction for a violation which

18  occurs within 12 months after a prior violation, for up to 90

19  calendar days.

20         3.  Upon a third conviction for a violation which

21  occurs within 24 months after a prior violation, for up to 180

22  calendar days.

23         4.  Upon a fourth conviction for a violation which

24  occurs within 36 months after a prior violation, for a period

25  of 6 months to 3 years.

26         (j)  Upon the arrest and conviction for a major

27  violation involving stone crabs, the licenseholder must show

28  just cause why his or her license should not be suspended or

29  revoked. For the purposes of this paragraph, a "major

30  violation" means a major violation as prescribed for illegal

31  stone crabs; any single violation involving possession of more

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  1  than 25 stone crabs during the closed season or possession of

  2  25 or more whole-bodied or egg-bearing stone crabs; any

  3  violation for trap molestation, trap robbing, or pulling traps

  4  at night; or any combination of violations in any

  5  3-consecutive-year period wherein more than 75 illegal stone

  6  crabs in the aggregate are involved.

  7         (k)  Upon the arrest and conviction for a major

  8  violation involving crawfish, the licenseholder must show just

  9  cause why his or her license should not be suspended or

10  revoked.  For the purposes of this paragraph, a "major

11  violation" means a major violation as prescribed for illegal

12  crawfish; any single violation involving possession of more

13  than 25 crawfish during the closed season or possession of

14  more than 25 wrung crawfish tails or more than 25 egg-bearing

15  or stripped crawfish; any violation for trap molestation, trap

16  robbing, or pulling traps at night; or any combination of

17  violations in any 3-consecutive-year period wherein more than

18  75 illegal crawfish in the aggregate are involved.

19         (l)  Upon the arrest and conviction for a major

20  violation involving blue crabs, the licenseholder shall show

21  just cause why his or her saltwater products license should

22  not be suspended or revoked.  This paragraph shall not apply

23  to an individual fishing with no more than five traps.  For

24  the purposes of this paragraph, a "major violation" means a

25  major violation as prescribed for illegal blue crabs, any

26  single violation wherein 50 or more illegal blue crabs are

27  involved; any violation for trap molestation, trap robbing, or

28  pulling traps at night; or any combination of violations in

29  any 3-consecutive-year period wherein more than 100 illegal

30  blue crabs in the aggregate are involved.

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  1         (m)  Upon the conviction for a major violation

  2  involving finfish, the licenseholder must show just cause why

  3  his or her saltwater products license should not be suspended

  4  or revoked. For the purposes of this paragraph, a major

  5  violation is prescribed for the taking and harvesting of

  6  illegal finfish, any single violation involving the possession

  7  of more than 100 pounds of illegal finfish, or any combination

  8  of violations in any 3-consecutive-year period wherein more

  9  than 200 pounds of illegal finfish in the aggregate are

10  involved.

11         (n)  Upon final disposition of any alleged offense for

12  which a citation for any violation of this chapter or the

13  rules of the Fish and Wildlife Conservation Commission has

14  been issued, the court shall, within 10 days, certify the

15  disposition to the commission.

16         (o)  For a violation involving the taking or harvesting

17  of any marine life species, as those species are defined by

18  rule of the commission, the harvest of which is prohibited, or

19  the taking or harvesting of such a species out of season, or

20  with an illegal gear or chemical, or any violation involving

21  the possession of 25 or more individual specimens of marine

22  life species, or any combination of violations in any 3-year

23  period involving more than 70 such specimens in the aggregate,

24  the suspension or revocation of the licenseholder's marine

25  life endorsement as provided in paragraph (i).

26

27  Notwithstanding the provisions of s. 948.01, no court may

28  suspend, defer, or withhold adjudication of guilt or

29  imposition of sentence for any major violation prescribed in

30  this subsection.

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  1         Reviser's note.--Section 36, ch. 2000-364, Laws

  2         of Florida, amended paragraphs (2)(b) and (i)

  3         and added paragraph (2)(o), but failed to

  4         republish the flush left language at the end of

  5         the subsection. In the absence of affirmative

  6         evidence that the Legislature intended to

  7         repeal the flush left language, subsection (2)

  8         is reenacted to confirm that the omission was

  9         not intended.

10

11         Section 2.  Subsection (3) of section 370.0603, Florida

12  Statutes, is amended to read:

13         370.0603  Marine Resources Conservation Trust Fund;

14  purposes.--

15         (3)  Funds provided to the Marine Resources

16  Conservation Trust Fund from taxes distributed under s.

17  201.15(8) 201.15(9) shall be used for the following purposes:

18         (a)  To reimburse the cost of activities authorized

19  pursuant to the Fish and Wildlife Service of the United States

20  Department of the Interior. Such facilities must be involved

21  in the actual rescue and full-time acute care

22  veterinarian-based rehabilitation of manatees. The cost of

23  activities includes, but is not limited to, costs associated

24  with expansion, capital outlay, repair, maintenance, and

25  operation related to the rescue, treatment, stabilization,

26  maintenance, release, and monitoring of manatees. Moneys

27  distributed through the contractual agreement to each facility

28  for manatee rehabilitation must be proportionate to the number

29  of manatees under acute care rehabilitation; the number of

30  maintenance days medically necessary in the facility; and the

31  number released during the previous fiscal year. The

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  1  commission may set a cap on the total amount reimbursed per

  2  manatee per year.

  3         (b)  For training on the care, treatment, and

  4  rehabilitation of marine mammals at the Whitney Laboratory and

  5  the College of Veterinary School of Medicine at the University

  6  of Florida.

  7         (c)  For program administration costs of the agency.

  8         (d)  Funds not distributed in any 1 fiscal year must be

  9  carried over for distribution in subsequent years.

10

11         Reviser's note.--The introductory paragraph is

12         amended to correct an apparent error and

13         facilitate correct interpretation. Section

14         201.15(8) was amended by s. 33, ch. 2000-197,

15         Laws of Florida, to add a reference to payment

16         of funds to the credit of the trust fund for

17         purposes of marine mammal care pursuant to s.

18         370.0603(3). Paragraph (b) is amended to

19         conform to the official title of the college as

20         created in s. 240.513(1)(f).

21

22         Section 3.  Subsections (3) and (4) of section 370.092,

23  Florida Statutes, are amended to read:

24         370.092  Carriage of proscribed nets across Florida

25  waters.--

26         (3)  Notwithstanding subsections (1) and (2), unless

27  authorized by rule of the Fish and Wildlife Conservation

28  Commission, it is a major violation under this section,

29  punishable as provided in s. 370.021(3) subsection (4), for

30  any person, firm, or corporation to possess any gill or

31  entangling net, or any seine net larger than 500 square feet

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  1  in mesh area, on any airboat or on any other vessel less than

  2  22 feet in length and on any vessel less than 25 feet if

  3  primary power of the vessel is mounted forward of the vessel

  4  center point. Gill or entangling nets shall be as defined in

  5  s. 16, Art. X of the State Constitution, s. 370.093(2)(b), or

  6  in a rule of the Fish and Wildlife Conservation Commission

  7  implementing s. 16, Art. X of the State Constitution. Vessel

  8  length shall be determined in accordance with current United

  9  States Coast Guard regulations specified in the Code of

10  Federal Regulations or as titled by the State of Florida. The

11  Marine Fisheries Commission is directed to initiate by July 1,

12  1998, rulemaking to adjust by rule the use of gear on vessels

13  longer than 22 feet where the primary power of the vessel is

14  mounted forward of the vessel center point in order to prevent

15  the illegal use of gill and entangling nets in state waters

16  and to provide reasonable opportunities for the use of legal

17  net gear in adjacent federal waters.

18         (4)  The Fish and Wildlife Conservation Commission

19  shall adopt rules to prohibit the possession and sale of

20  mullet taken in illegal gill or entangling nets. Violations of

21  such rules shall be punishable as provided in s. 370.021(3)

22  subsection (4).

23

24         Reviser's note.--Amended to conform to the

25         current location of the referenced material.

26         The language in s. 370.021(3), enacted by s. 2,

27         ch. 98-227, Laws of Florida, is substantively

28         the same as former s. 370.092(4), which was

29         repealed by s. 13, ch. 98-227.

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  1         Section 4.  Subsection (5) of section 370.093, Florida

  2  Statutes, is amended to read:

  3         370.093  Illegal use of nets.--

  4         (5)  Any person who violates this section shall be

  5  punished as provided in s. 370.021(3) 370.092(4).

  6

  7         Reviser's note.--Amended to conform to the

  8         current location of the referenced material.

  9         The language in s. 370.021(3), enacted by s. 2,

10         ch. 98-227, Laws of Florida, is substantively

11         the same as former s. 370.092(4), which was

12         repealed by s. 13, ch. 98-227.

13

14         Section 5.  Subsection (3) of section 370.12, Florida

15  Statutes, is amended to read:

16         370.12  Marine animals; regulation.--

17         (3)  PROTECTION OF MAMMALIAN DOLPHINS (PORPOISES).--It

18  is unlawful to catch, attempt to catch, molest, injure, kill,

19  or annoy, or otherwise interfere with the normal activity and

20  well-being of, mammalian dolphins (porpoises), except as may

21  be authorized by as a federal permit.

22

23         Reviser's note.--Amended to facilitate correct

24         interpretation.

25

26         Section 6.  Subsection (1) of section 372.5712, Florida

27  Statutes, is amended to read:

28         372.5712  Florida waterfowl permit revenues.--

29         (1)  The commission shall expend the revenues generated

30  from the sale of the Florida waterfowl permit as provided in

31  s. 372.57(4)(a) or that pro rata portion of any license that

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  1  includes waterfowl hunting privileges, as provided in s.

  2  372.57(2)(k) and (14)(b) 372.57(2)(i) and (14)(b) as follows:

  3  A maximum of 5 percent of the gross revenues shall be expended

  4  for administrative costs; a maximum of 25 percent of the gross

  5  revenues shall be expended for waterfowl research approved by

  6  the commission; and a maximum of 70 percent of the gross

  7  revenues shall be expended for projects approved by the

  8  commission, in consultation with the Waterfowl Advisory

  9  Council, for the purpose of protecting and propagating

10  migratory waterfowl and for the development, restoration,

11  maintenance, and preservation of wetlands within the state.

12

13         Reviser's note.--Amended to conform to the

14         redesignation of paragraphs of s. 372.57(2) by

15         s. 37, ch. 2000-362, Laws of Florida.

16

17         Section 7.  Subsection (1) of section 372.5715, Florida

18  Statutes, is amended to read:

19         372.5715  Florida wild turkey permit revenues.--

20         (1)  The commission shall expend the revenues generated

21  from the sale of the turkey permit as provided for in s.

22  372.57(4)(e) or that pro rata portion of any license that

23  includes turkey hunting privileges as provided for in s.

24  372.57(2)(k) and (14)(b) 372.57(2)(i) and (14)(b) for research

25  and management of wild turkeys.

26

27         Reviser's note.--Amended to conform to the

28         redesignation of paragraphs of s. 372.57(2) by

29         s. 37, ch. 2000-362, Laws of Florida.

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  1         Section 8.  Subsection (7) of section 373.4135, Florida

  2  Statutes, is amended to read:

  3         373.4135  Mitigation banks and offsite regional

  4  mitigation.--

  5         (7)  The department, water management districts, and

  6  local governments may elect to establish and manage mitigation

  7  sites, including regional offsite mitigation areas, or

  8  contract with permitted mitigation banks, to provide

  9  mitigation options for private single-family lots or

10  homeowners. The department, water management districts, and

11  local governments shall provide a written notice of their

12  election under this subsection paragraph by United States mail

13  to those individuals who have requested, in writing, to

14  receive such notice. The use of mitigation options established

15  under this subsection are not subject to the

16  full-cost-accounting provision of s. 373.414(1)(b)1. To use a

17  mitigation option established under this subsection, the

18  applicant for a permit under this part must be a private,

19  single-family lot or homeowner, and the land upon which the

20  adverse impact is located must be intended for use as a

21  single-family residence by the current owner. The applicant

22  must not be a corporation, partnership, or other business

23  entity. However, the provisions of this subsection shall not

24  apply to other entities that establish offsite regional

25  mitigation as defined in this section and s. 373.403.

26

27         Reviser's note.--Amended to correct an apparent

28         error. Subsection (7) is not divided into

29         paragraphs.

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  1         Section 9.  Paragraphs (a), (b), and (c) of subsection

  2  (2) of section 373.4593, Florida Statutes, are repealed.

  3

  4         Reviser's note.--Repealed to delete language

  5         that is obsolete; paragraphs (2)(a) and (b)

  6         provide that by June 1, 1994, the South Florida

  7         Water Management District must request the

  8         Federal Government to become a joint sponsor

  9         and take all action to expedite or waive

10         necessary federal approvals needed to implement

11         an emergency interim plan to restore Florida

12         Bay. Paragraph (2)(c) provides that by July 1,

13         1994, the South Florida Water Management

14         District must file for any necessary federal

15         approvals.

16

17         Section 10.  Subsection (1) of section 375.021, Florida

18  Statutes, is amended to read:

19         375.021  Comprehensive multipurpose outdoor recreation

20  plan.--

21         (1)  The department is given the responsibility,

22  authority, and power to develop and execute a comprehensive

23  multipurpose outdoor recreation plan for this state with the

24  cooperation of the Department of Agriculture and Consumer

25  Services, the Department of Transportation, the Fish and

26  Wildlife Conservation Commission, the Florida Commission on

27  Tourism Department of Commerce, and the water management

28  districts.

29

30         Reviser's note.--Amended to conform to the

31         repeal of s. 20.17, creating the Department of

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  1         Commerce, by s. 3, ch. 96-320, Laws of Florida,

  2         and the assumption of its obligations regarding

  3         the comprehensive multipurpose outdoor

  4         recreation plan by the Florida Commission on

  5         Tourism.

  6

  7         Section 11.  Section 375.045, Florida Statutes, is

  8  reenacted to read:

  9         375.045  Florida Preservation 2000 Trust Fund.--

10         (1)  There is created the Florida Preservation 2000

11  Trust Fund to carry out the purposes of ss. 259.032, 259.101,

12  and 375.031. The Florida Preservation 2000 Trust Fund shall be

13  held and administered by the Department of Environmental

14  Protection. Proceeds from the sale of revenue bonds issued

15  pursuant to s. 375.051 and payable from moneys transferred to

16  the Land Acquisition Trust Fund pursuant to s. 201.15(1)(a),

17  not to exceed $3 billion, shall be deposited into this trust

18  fund to be distributed as provided in s. 259.101(3). The bond

19  resolution adopted by the governing board of the Division of

20  Bond Finance may provide for additional provisions that govern

21  the disbursement of the bond proceeds.

22         (2)  The Department of Environmental Protection shall

23  distribute revenues from the Florida Preservation 2000 Trust

24  Fund only to programs of state agencies or local governments

25  as set out in s. 259.101(3). Excluding distributions to the

26  Save Our Everglades Trust Fund, such distributions shall be

27  spent by the recipient within 90 days after the date on which

28  the Department of Environmental Protection initiates the

29  transfer.

30         (3)  Any agency or district which acquires lands using

31  Preservation 2000 funds, as distributed pursuant to this

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  1  section and s. 259.101(3), shall manage the lands to make them

  2  available for public recreational use, provided that the

  3  recreational use does not interfere with the protection of

  4  natural resource values. Any such agency or district may enter

  5  into agreements with the Department of Environmental

  6  Protection or other appropriate state agencies to transfer

  7  management authority to or to lease to such agencies lands

  8  purchased with Preservation 2000 funds, for the purpose of

  9  managing the lands to make them available for public

10  recreational use. The water management districts and the

11  Department of Environmental Protection shall take action to

12  control the growth of nonnative invasive plant species on

13  lands they manage which are purchased with Preservation 2000

14  funds.

15         (4)  The Department of Environmental Protection shall

16  ensure that the proceeds from the sale of revenue bonds issued

17  pursuant to s. 375.051 and payable from moneys transferred to

18  the Land Acquisition Trust Fund pursuant to s. 201.15(1)(a)

19  shall be administered and expended in a manner that ensures

20  compliance of each issue of revenue bonds that are issued on

21  the basis that interest thereon will be excluded from gross

22  income for federal income tax purposes, with the applicable

23  provisions of the United States Internal Revenue Code and the

24  regulations promulgated thereunder, to the extent necessary to

25  preserve the exclusion of interest on such revenue bonds from

26  gross income for federal income tax purposes. The Department

27  of Environmental Protection shall have the authority to

28  administer the use and disbursement of the proceeds of such

29  revenue bonds or require that the use and disbursement thereof

30  be administered in such a manner as shall be necessary to

31  implement strategies to maximize any available benefits under

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  1  the applicable provisions of the United States Internal

  2  Revenue Code or regulations promulgated thereunder, to the

  3  extent not inconsistent with the purposes identified in s.

  4  259.101(3).

  5

  6  Upon a determination by the Department of Environmental

  7  Protection that proceeds being held in the trust fund to

  8  support distributions outside the Department of Environmental

  9  Protection are not likely to be disbursed in accordance with

10  the foregoing considerations, the Department of Environmental

11  Protection shall petition the Governor and Cabinet to allow

12  for the immediate disbursement of such funds for the

13  acquisition of projects approved for purchase pursuant to the

14  provisions of chapter 259.

15

16         Reviser's note.--Section 6, ch. 2000-129, Laws

17         of Florida, purported to amend subsection (2),

18         but failed to republish the flush left language

19         at the end of the section. In the absence of

20         affirmative evidence that the Legislature

21         intended to repeal the flush left language, s.

22         375.045 is reenacted to confirm that the

23         omission was not intended.

24

25         Section 12.  Subsection (7) of section 376.30713,

26  Florida Statutes, is repealed, and subsection (2) of that

27  section is amended to read:

28         376.30713  Preapproved advanced cleanup.--

29         (2)  Beginning January 1, 1997, The department is

30  authorized to approve an application for preapproved advanced

31  cleanup at eligible sites, prior to funding based on the

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  1  site's priority ranking established pursuant to s.

  2  376.3071(5)(a), in accordance with the provisions of this

  3  section.  Persons who qualify as an applicant under the

  4  provisions of this section shall only include the facility

  5  owner or operator or the person otherwise responsible for site

  6  rehabilitation.

  7         (a)  Preapproved advanced cleanup applications may be

  8  submitted between May 1 and June 30 and between November 1 and

  9  December 31 of each fiscal year.  Applications submitted

10  between May 1 and June 30 shall be for the fiscal year

11  beginning July 1.  Initial applications shall be submitted

12  between November 1 and December 31, 1996.  An application

13  shall consist of:

14         1.  A commitment to pay no less than 25 percent of the

15  total cleanup cost deemed recoverable under the provisions of

16  this section along with proof of the ability to pay the cost

17  share.

18         2.  A nonrefundable review fee of $250 to cover the

19  administrative costs associated with the department's review

20  of the application.

21         3.  A limited contamination assessment report.

22         4.  A proposed course of action.

23

24  The limited contamination assessment report shall be

25  sufficient to support the proposed course of action and to

26  estimate the cost of the proposed course of action.  Any costs

27  incurred related to conducting the limited contamination

28  assessment report are not refundable from the Inland

29  Protection Trust Fund. Site eligibility under this subsection,

30  or any other provision of this section, shall not constitute

31  an entitlement to preapproved advanced cleanup or continued

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  1  restoration funding.  The applicant shall certify to the

  2  department that the applicant has the prerequisite authority

  3  to enter into a preapproved advanced cleanup contract with the

  4  department.  This certification shall be submitted with the

  5  application.

  6         (b)  The department shall rank the applications based

  7  on the percentage of cost-sharing commitment proposed by the

  8  applicant, with the highest ranking given to the applicant

  9  that proposes the highest percentage of cost sharing.  If the

10  department receives applications that propose identical

11  cost-sharing commitments and which exceed the funds available

12  to commit to all such proposals during the preapproved

13  advanced cleanup application period, the department shall

14  proceed to rerank those applicants.  Those applicants

15  submitting identical cost-sharing proposals which exceed

16  funding availability shall be so notified by the department

17  and shall be offered the opportunity to raise their individual

18  cost-share commitments, in a period of time specified in the

19  notice.  At the close of the period, the department shall

20  proceed to rerank the applications in accordance with this

21  paragraph.

22

23         Reviser's note.--Subsection (2) is amended to

24         delete obsolete references to past dates.

25         Subsection (7), requiring legislative review of

26         s. 376.30713 prior to March 1, 2001, is

27         repealed.

28

29         Section 13.  Paragraph (h) of subsection (3) of section

30  377.703, Florida Statutes, is amended to read:

31

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  1         377.703  Additional functions of the Department of

  2  Community Affairs; energy emergency contingency plan; federal

  3  and state conservation programs.--

  4         (3)  DEPARTMENT OF COMMUNITY AFFAIRS; DUTIES.--The

  5  Department of Community Affairs shall, in addition to assuming

  6  the duties and responsibilities provided by ss. 20.18 and

  7  377.701, perform the following functions consistent with the

  8  development of a state energy policy:

  9         (h)  Promote the development and use of renewable

10  energy resources, in conformance with the provisions of

11  chapter 187 and s. 377.601, by:

12         1.  Establishing goals and strategies for increasing

13  the use of solar energy in this state.

14         2.  Aiding and promoting the commercialization of solar

15  energy technology, in cooperation with the Florida Solar

16  Energy Center, Enterprise Florida, Inc. the Department of

17  Commerce, and any other federal, state, or local governmental

18  agency which may seek to promote research, development, and

19  demonstration of solar energy equipment and technology.

20         3.  Identifying barriers to greater use of solar energy

21  systems in this state, and developing specific recommendations

22  for overcoming identified barriers, with findings and

23  recommendations to be submitted annually in the report to the

24  Legislature required under paragraph (f).

25         4.  In cooperation with the Department of

26  Transportation, Enterprise Florida, Inc. the Department of

27  Commerce, the Florida Solar Energy Center, and the Florida

28  Solar Energy Industries Association, investigating

29  opportunities, pursuant to the National Energy Policy Act of

30  1992 and the Housing and Community Development Act of 1992,

31  for solar electric vehicles and other solar energy

                                  19

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  1  manufacturing, distribution, installation, and financing

  2  efforts which will enhance this state's position as the leader

  3  in solar energy research, development, and use.

  4         5.  Undertaking other initiatives to advance the

  5  development and use of renewable energy resources in this

  6  state.

  7

  8  In the exercise of its responsibilities under this paragraph,

  9  the department shall seek the assistance of the solar energy

10  industry in this state and other interested parties and is

11  authorized to enter into contracts, retain professional

12  consulting services, and expend funds appropriated by the

13  Legislature for such purposes.

14

15         Reviser's note.--Amended to conform to the

16         repeal of s. 20.17, which created the

17         Department of Commerce, by s. 3, ch. 96-320,

18         Laws of Florida, and the replacement of the

19         department with Enterprise Florida, Inc., for

20         purposes of providing assistance in the area of

21         solar energy pursuant to s. 288.041.

22

23         Section 14.  Paragraph (b) of subsection (5) of section

24  377.709, Florida Statutes, is repealed.

25

26         Reviser's note.--Paragraph (5)(b), enacted by

27         s. 54, ch. 88-130, Laws of Florida, is repealed

28         to delete a provision encouraging parties to

29         review contracts regarding purchase of energy

30         by electric utilities from solid waste

31         management facilities in effect as of October

                                  20

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  1         1, 1988, to incorporate applicable provisions

  2         of s. 377.709, subject to the approval of the

  3         Florida Public Service Commission.

  4

  5         Section 15.  Section 380.012, Florida Statutes, is

  6  amended to read:

  7         380.012  Short title.--Sections 380.012, 380.021,

  8  380.031, 380.04, 380.05, 380.06, 380.07, and 380.08

  9  380.012-380.10 shall be known and may be cited as "The Florida

10  Environmental Land and Water Management Act of 1972."

11

12         Reviser's note.--Amended to conform to the

13         current sections comprising the referenced act

14         as enacted by ch. 72-317, Laws of Florida.

15

16         Section 16.  Paragraph (f) of subsection (10) of

17  section 380.0555, Florida Statutes, is repealed, and

18  paragraphs (c), (d), and (g) of subsection (10) of that

19  section are amended to read:

20         380.0555  Apalachicola Bay Area; protection and

21  designation as area of critical state concern.--

22         (10)  REQUIREMENTS; LOCAL GOVERNMENTS.--

23         (c)1.  The Department of Health shall survey all septic

24  tank soil-absorption systems in the Apalachicola Bay Area to

25  determine their suitability as onsite sewage treatment

26  systems.  Within 6 months from June 18, 1985, Franklin County

27  and the municipalities within it, after consultation with the

28  Department of Health and the Department of Environmental

29  Protection Regulation, shall develop a program designed to

30  correct any onsite sewage treatment systems that might

31  endanger the water quality of the bay.

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  1         2.  Franklin County and the municipalities within it

  2  shall, within 9 months from June 18, 1985, enact by ordinance

  3  procedures implementing this program.  These procedures shall

  4  include notification to owners of unacceptable septic tanks

  5  and procedures for correcting unacceptable septic tanks.

  6  These ordinances shall not be effective until approved by the

  7  Department of Health and the Department of Environmental

  8  Protection Regulation.

  9         (d)  Franklin County and the municipalities within it

10  shall, within 12 months from June 18, 1985, establish by

11  ordinance a map of "pollution-sensitive segments of the

12  critical shoreline" within the Apalachicola Bay Area, which

13  ordinance shall not be effective until approved by the

14  Department of Health and the Department of Environmental

15  Protection Regulation.  Franklin County and the municipalities

16  within it, after the effective date of these ordinances, shall

17  no longer grant permits for onsite wastewater disposal systems

18  in pollution-sensitive segments of the critical shoreline,

19  except for those onsite wastewater systems that will not

20  degrade water quality in the river or bay.  These ordinances

21  shall not become effective until approved by the resource

22  planning and management committee. Until such ordinances

23  become effective, the Franklin County Health Department shall

24  not give a favorable recommendation to the granting of a

25  septic tank variance pursuant to section (1) of Ordinance

26  79-8, adopted on June 22, 1979, by the Franklin County Board

27  of County Commissioners and filed with the Secretary of State

28  on June 27, 1979, or issue a permit for a septic tank or

29  alternative waste disposal system pursuant to Ordinance 81-5,

30  adopted on June 22, 1981, by the Franklin County Board of

31  County Commissioners and filed with the Secretary of State on

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  1  June 30, 1981, as amended as set forth in subparagraph

  2  (8)(a)2., unless the Franklin County Health Department

  3  certifies, in writing, that the use of such system will be

  4  consistent with paragraph (7)(f) and subsection (8).

  5         (f)(g)  Franklin County and the municipalities within

  6  it shall, beginning 12 months from June 18, 1985, prepare

  7  semiannual reports on the implementation of paragraphs (b)-(e)

  8  (b)-(f) on the environmental status of the Apalachicola Bay

  9  Area.  The state land planning agency may prescribe additional

10  detailed information required to be reported.  Each report

11  shall be delivered to the resource planning and management

12  committee and the state land planning agency for review and

13  recommendations. The state land planning agency shall review

14  each report and consider such reports when making

15  recommendations to the Administration Commission pursuant to

16  subsection (9).

17

18         Reviser's note.--Paragraph (10)(f), which

19         related to a report to be submitted within 12

20         months from June 18, 1985, is repealed because

21         it has served its purpose. Paragraphs (10)(c)

22         and (d) are amended to conform to the transfer

23         of all legal authority and action of the

24         Department of Environmental Regulation to the

25         Department of Environmental Protection by s. 3,

26         ch. 93-213, Laws of Florida. Paragraph (10)(g)

27         is amended to conform to the repeal of

28         paragraph (10)(f).

29

30         Section 17.  Paragraph (e) of subsection (1) of section

31  381.003, Florida Statutes, is amended to read:

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  1         381.003  Communicable disease and AIDS prevention and

  2  control.--

  3         (1)  The department shall conduct a communicable

  4  disease prevention and control program as part of fulfilling

  5  its public health mission. A communicable disease is any

  6  disease caused by transmission of a specific infectious agent,

  7  or its toxic products, from an infected person, an infected

  8  animal, or the environment to a susceptible host, either

  9  directly or indirectly. The communicable disease program must

10  include, but need not be limited to:

11         (e)  Programs for the prevention and control of

12  vaccine-preventable diseases, including programs to immunize

13  school children as required by s. 232.032 and the development

14  of an automated, electronic, and centralized database or

15  registry of immunizations. The department shall ensure that

16  all children in this state are immunized against

17  vaccine-preventable diseases. The immunization registry shall

18  allow the department to enhance current immunization

19  activities for the purpose of improving the immunization of

20  all children in this state.

21         1.  Except as provided in subparagraph 2., the

22  department shall include all children born in this state in

23  the immunization registry by using the birth records from the

24  Office of Vital Statistics. The department shall add other

25  children to the registry as immunization services are

26  provided.

27         2.  The parent or guardian of a child may refuse to

28  have the child included in the immunization registry by

29  signing a form obtained from the department, or from the

30  health care practitioner or entity that provides the

31  immunization, which indicates that the parent or guardian does

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  1  not wish to have the child included in the immunization

  2  registry. The decision to not participate in the immunization

  3  registry must be noted in the registry.

  4         3.  The immunization registry shall allow for

  5  immunization records to be electronically transferred to

  6  entities that are required by law to have such records,

  7  including schools, licensed child care facilities, and any

  8  other entity that is required by law to obtain proof of a

  9  child's immunizations.

10         4.  Any health care practitioner licensed under chapter

11  458, chapter 459, or chapter 464 in this state who complies

12  with rules adopted by the department to access the

13  immunization registry may, through the immunization registry,

14  directly access immunization records and update a child's

15  immunization history or exchange immunization information with

16  another authorized practitioner, entity, or agency involved in

17  a child's care. The information included in the immunization

18  registry must include the child's name, date of birth,

19  address, and any other unique identifier necessary to

20  correctly identify the child; the immunization record,

21  including the date, type of administered vaccine, and vaccine

22  lot number; and the presence or absence of any adverse

23  reaction or contraindication related to the immunization.

24  Information received by the department for the immunization

25  registry retains its status as confidential medical

26  information and the department must maintain the

27  confidentiality of that information as otherwise required by

28  law. A health care practitioner or other agency that obtains

29  information from the immunization registry must maintain the

30  confidentiality of any medical records in accordance with s.

31  456.057 455.667 or as otherwise required by law.

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  1         Reviser's note.--Amended to conform to the

  2         redesignation of s. 455.667 as s. 456.057 by s.

  3         79, ch. 2000-160, Laws of Florida.

  4

  5         Section 18.  Paragraph (e) of subsection (3) of section

  6  381.004, Florida Statutes, is amended to read:

  7         381.004  HIV testing.--

  8         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED

  9  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--

10         (e)  Except as provided in this section, the identity

11  of any person upon whom a test has been performed and test

12  results are confidential and exempt from the provisions of s.

13  119.07(1).  No person who has obtained or has knowledge of a

14  test result pursuant to this section may disclose or be

15  compelled to disclose the identity of any person upon whom a

16  test is performed, or the results of such a test in a manner

17  which permits identification of the subject of the test,

18  except to the following persons:

19         1.  The subject of the test or the subject's legally

20  authorized representative.

21         2.  Any person, including third-party payors,

22  designated in a legally effective release of the test results

23  executed prior to or after the test by the subject of the test

24  or the subject's legally authorized representative. The test

25  subject may in writing authorize the disclosure of the test

26  subject's HIV test results to third party payors, who need not

27  be specifically identified, and to other persons to whom the

28  test subject subsequently issues a general release of medical

29  information.  A general release without such prior written

30  authorization is not sufficient to release HIV test results.

31

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  1         3.  An authorized agent or employee of a health

  2  facility or health care provider if the health facility or

  3  health care provider itself is authorized to obtain the test

  4  results, the agent or employee participates in the

  5  administration or provision of patient care or handles or

  6  processes specimens of body fluids or tissues, and the agent

  7  or employee has a need to know such information.  The

  8  department shall adopt a rule defining which persons have a

  9  need to know pursuant to this subparagraph.

10         4.  Health care providers consulting between themselves

11  or with health care facilities to determine diagnosis and

12  treatment. For purposes of this subparagraph, health care

13  providers shall include licensed health care professionals

14  employed by or associated with state, county, or municipal

15  detention facilities when such health care professionals are

16  acting exclusively for the purpose of providing diagnoses or

17  treatment of persons in the custody of such facilities.

18         5.  The department, in accordance with rules for

19  reporting and controlling the spread of disease, as otherwise

20  provided by state law.

21         6.  A health facility or health care provider which

22  procures, processes, distributes, or uses:

23         a.  A human body part from a deceased person, with

24  respect to medical information regarding that person; or

25         b.  Semen provided prior to July 6, 1988, for the

26  purpose of artificial insemination.

27         7.  Health facility staff committees, for the purposes

28  of conducting program monitoring, program evaluation, or

29  service reviews pursuant to chapters 395 and 766.

30

31

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  1         8.  Authorized medical or epidemiological researchers

  2  who may not further disclose any identifying characteristics

  3  or information.

  4         9.  A person allowed access by a court order which is

  5  issued in compliance with the following provisions:

  6         a.  No court of this state shall issue such order

  7  unless the court finds that the person seeking the test

  8  results has demonstrated a compelling need for the test

  9  results which cannot be accommodated by other means.  In

10  assessing compelling need, the court shall weigh the need for

11  disclosure against the privacy interest of the test subject

12  and the public interest which may be disserved by disclosure

13  which deters blood, organ, and semen donation and future human

14  immunodeficiency virus-related testing or which may lead to

15  discrimination.  This paragraph shall not apply to blood bank

16  donor records.

17         b.  Pleadings pertaining to disclosure of test results

18  shall substitute a pseudonym for the true name of the subject

19  of the test.  The disclosure to the parties of the subject's

20  true name shall be communicated confidentially in documents

21  not filed with the court.

22         c.  Before granting any such order, the court shall

23  provide the individual whose test result is in question with

24  notice and a reasonable opportunity to participate in the

25  proceedings if he or she is not already a party.

26         d.  Court proceedings as to disclosure of test results

27  shall be conducted in camera, unless the subject of the test

28  agrees to a hearing in open court or unless the court

29  determines that a public hearing is necessary to the public

30  interest and the proper administration of justice.

31

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  1         e.  Upon the issuance of an order to disclose test

  2  results, the court shall impose appropriate safeguards against

  3  unauthorized disclosure which shall specify the persons who

  4  may have access to the information, the purposes for which the

  5  information shall be used, and appropriate prohibitions on

  6  future disclosure.

  7         10.  A person allowed access by order of a judge of

  8  compensation claims of the Division of Workers' Compensation

  9  of the Department of Labor and Employment Security.  A judge

10  of compensation claims shall not issue such order unless he or

11  she finds that the person seeking the test results has

12  demonstrated a compelling need for the test results which

13  cannot be accommodated by other means.

14         11.  Those employees of the department or of

15  child-placing or child-caring agencies or of family foster

16  homes, licensed pursuant to s. 409.175, who are directly

17  involved in the placement, care, control, or custody of such

18  test subject and who have a need to know such information;

19  adoptive parents of such test subject; or any adult custodian,

20  any adult relative, or any person responsible for the child's

21  welfare, if the test subject was not tested under subparagraph

22  (b)2. and if a reasonable attempt has been made to locate and

23  inform the legal guardian of a test result. The department

24  shall adopt a rule to implement this subparagraph.

25         12.  Those employees of residential facilities or of

26  community-based care programs that care for developmentally

27  disabled persons, pursuant to chapter 393, who are directly

28  involved in the care, control, or custody of such test subject

29  and who have a need to know such information.

30

31

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  1         13.  A health care provider involved in the delivery of

  2  a child can note the mother's HIV test results in the child's

  3  medical record.

  4         14.  Medical personnel or nonmedical personnel who have

  5  been subject to a significant exposure during the course of

  6  medical practice or in the performance of professional duties,

  7  or individuals who are the subject of the significant exposure

  8  as provided in subparagraphs (h)10.-12. (h)10., 11., and 13.

  9         15.  The medical examiner shall disclose positive HIV

10  test results to the department in accordance with rules for

11  reporting and controlling the spread of disease.

12

13         Reviser's note.--Amended to correct an apparent

14         error and facilitate correct interpretation.

15         Subparagraph (3)(h)12. references significant

16         exposure; subparagraph (3)(h)13. does not.

17

18         Section 19.  Subsection (3) of section 381.0045,

19  Florida Statutes, is repealed.

20

21         Reviser's note.--The cited subsection relates

22         to a 2-year pilot program to provide outreach

23         services to high-risk pregnant women in five

24         specified counties, effective October 1, 1998.

25

26         Section 20.  Paragraph (t) of subsection (4) of section

27  381.0065, Florida Statutes, is amended to read:

28         381.0065  Onsite sewage treatment and disposal systems;

29  regulation.--

30         (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person

31  may not construct, repair, modify, abandon, or operate an

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  1  onsite sewage treatment and disposal system without first

  2  obtaining a permit approved by the department. The department

  3  may issue permits to carry out this section, but shall not

  4  make the issuance of such permits contingent upon prior

  5  approval by the Department of Environmental Protection. A

  6  construction permit is valid for 18 months from the issuance

  7  date and may be extended by the department for one 90-day

  8  period under rules adopted by the department.  A repair permit

  9  is valid for 90 days from the date of issuance. An operating

10  permit must be obtained prior to the use of any aerobic

11  treatment unit or if the establishment generates commercial

12  waste. Buildings or establishments that use an aerobic

13  treatment unit or generate commercial waste shall be inspected

14  by the department at least annually to assure compliance with

15  the terms of the operating permit. The operating permit is

16  valid for 1 year from the date of issuance and must be renewed

17  annually.  If all information pertaining to the siting,

18  location, and installation conditions or repair of an onsite

19  sewage treatment and disposal system remains the same, a

20  construction or repair permit for the onsite sewage treatment

21  and disposal system may be transferred to another person, if

22  the transferee files, within 60 days after the transfer of

23  ownership, an amended application providing all corrected

24  information and proof of ownership of the property.  There is

25  no fee associated with the processing of this supplemental

26  information.  A person may not contract to construct, modify,

27  alter, repair, service, abandon, or maintain any portion of an

28  onsite sewage treatment and disposal system without being

29  registered under part III of chapter 489.  A property owner

30  who personally performs construction, maintenance, or repairs

31  to a system serving his or her own owner-occupied

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  1  single-family residence is exempt from registration

  2  requirements for performing such construction, maintenance, or

  3  repairs on that residence, but is subject to all permitting

  4  requirements. A municipality or political subdivision of the

  5  state may not issue a building or plumbing permit for any

  6  building that requires the use of an onsite sewage treatment

  7  and disposal system unless the owner or builder has received a

  8  construction permit for such system from the department. A

  9  building or structure may not be occupied and a municipality,

10  political subdivision, or any state or federal agency may not

11  authorize occupancy until the department approves the final

12  installation of the onsite sewage treatment and disposal

13  system. A municipality or political subdivision of the state

14  may not approve any change in occupancy or tenancy of a

15  building that uses an onsite sewage treatment and disposal

16  system until the department has reviewed the use of the system

17  with the proposed change, approved the change, and amended the

18  operating permit.

19         (t)  Notwithstanding the provisions of subparagraph

20  (g)1. (f)1., onsite sewage treatment and disposal systems

21  located in floodways of the Suwannee and Aucilla Rivers must

22  adhere to the following requirements:

23         1.  The absorption surface of the drainfield shall not

24  be subject to flooding based on 10-year flood elevations.

25  Provided, however, for lots or parcels created by the

26  subdivision of land in accordance with applicable local

27  government regulations prior to January 17, 1990, if an

28  applicant cannot construct a drainfield system with the

29  absorption surface of the drainfield at an elevation equal to

30  or above 10-year flood elevation, the department shall issue a

31  permit for an onsite sewage treatment and disposal system

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  1  within the 10-year floodplain of rivers, streams, and other

  2  bodies of flowing water if all of the following criteria are

  3  met:

  4         a.  The lot is at least one-half acre in size;

  5         b.  The bottom of the drainfield is at least 36 inches

  6  above the 2-year flood elevation; and

  7         c.  The applicant installs either:  a waterless,

  8  incinerating, or organic waste composting toilet and a

  9  graywater system and drainfield in accordance with department

10  rules; an aerobic treatment unit and drainfield in accordance

11  with department rules; a system approved by the State Health

12  Office that is capable of reducing effluent nitrate by at

13  least 50 percent; or a system approved by the county health

14  department pursuant to department rule other than a system

15  using alternative drainfield materials.  The United States

16  Department of Agriculture Soil Conservation Service soil maps,

17  State of Florida Water Management District data, and Federal

18  Emergency Management Agency Flood Insurance maps are resources

19  that shall be used to identify flood-prone areas.

20         2.  The use of fill or mounding to elevate a drainfield

21  system out of the 10-year floodplain of rivers, streams, or

22  other bodies of flowing water shall not be permitted if such a

23  system lies within a regulatory floodway of the Suwannee and

24  Aucilla Rivers.  In cases where the 10-year flood elevation

25  does not coincide with the boundaries of the regulatory

26  floodway, the regulatory floodway will be considered for the

27  purposes of this subsection to extend at a minimum to the

28  10-year flood elevation.

29

30

31

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  1         Reviser's note.--Amended to conform to the

  2         redesignation of paragraphs of subsection (4)

  3         by s. 1, ch. 99-395, Laws of Florida.

  4

  5         Section 21.  Subsections (1) and (3), paragraph (a) of

  6  subsection (5), and subsection (7) of section 381.0303,

  7  Florida Statutes, are amended to read:

  8         381.0303  Health practitioner recruitment for special

  9  needs shelters.--

10         (1)  PURPOSE.--The purpose of this section is to

11  designate the Department of Health, through its county health

12  departments, as the lead agency for coordination of the

13  recruitment of health care practitioners, as defined in s.

14  456.001(4) 455.501(4), to staff special needs shelters in

15  times of emergency or disaster and to provide resources to the

16  department to carry out this responsibility. However, nothing

17  in this section prohibits a county health department from

18  entering into an agreement with a local emergency management

19  agency to assume the lead responsibility for recruiting health

20  care practitioners.

21         (3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The

22  Department of Health shall reimburse, subject to the

23  availability of funds for this purpose, health care

24  practitioners, as defined in s. 456.001 455.501, provided the

25  practitioner is not providing care to a patient under an

26  existing contract, and emergency medical technicians and

27  paramedics licensed pursuant to chapter 401 for medical care

28  provided at the request of the department in special needs

29  shelters or at other locations during times of emergency or

30  major disaster. Reimbursement for health care practitioners,

31  except for physicians licensed pursuant to chapter 458 or

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  1  chapter 459, shall be based on the average hourly rate that

  2  such practitioners were paid according to the most recent

  3  survey of Florida hospitals conducted by the Florida Hospital

  4  Association. Reimbursement shall be requested on forms

  5  prepared by the Department of Health. If a Presidential

  6  Disaster Declaration has been made, and the Federal Government

  7  makes funds available, the department shall use such funds for

  8  reimbursement of eligible expenditures. In other situations,

  9  or if federal funds do not fully compensate the department for

10  reimbursement made pursuant to this section, the department

11  shall submit to the Cabinet or Legislature, as appropriate, a

12  budget amendment to obtain reimbursement from the working

13  capital fund. Travel expense and per diem costs shall be

14  reimbursed pursuant to s. 112.061.

15         (5)  SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The

16  Department of Health may establish a special needs shelter

17  interagency committee, to be chaired and staffed by the

18  department. The committee shall resolve problems related to

19  special needs shelters not addressed in the state

20  comprehensive emergency medical plan and shall serve as an

21  oversight committee to monitor the planning and operation of

22  special needs shelters.

23         (a)  The committee may:

24         1.  On or before January 1, 2001, resolve questions

25  concerning the roles and responsibilities of state agencies

26  and other organizations that are necessary to implement the

27  program.

28         2.  On or before January 1, 2001, identify any issues

29  requiring additional legislation and funding.

30         1.3.  Develop and negotiate any necessary interagency

31  agreements.

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  1         2.4.  Undertake other such activities as the department

  2  deems necessary to facilitate the implementation of this

  3  section.

  4         3.5.  Submit recommendations to the Legislature as

  5  necessary.

  6         (7)  REVIEW OF EMERGENCY MANAGEMENT PLANS.--The

  7  submission of emergency management plans to county health

  8  departments by home health agencies pursuant to s.

  9  400.497(8)(c) and (d) 400.497(11)(c) and (d) and by nurse

10  registries pursuant to s. 400.506(16)(e) and by hospice

11  programs pursuant to s. 400.610(1)(b) is conditional upon the

12  receipt of an appropriation by the department to establish

13  medical services disaster coordinator positions in county

14  health departments unless the secretary of the department and

15  a local county commission jointly determine to require such

16  plans to be submitted based on a determination that there is a

17  special need to protect public health in the local area during

18  an emergency.

19

20         Reviser's note.--Subsections (1) and (3) are

21         amended to conform to the redesignation of s.

22         455.501 as s. 456.001 by s. 36, ch. 2000-160,

23         Laws of Florida. Paragraph (5)(a) is amended to

24         delete provisions that have served their

25         purpose. Subsection (7) is amended to conform

26         to the redesignation of s. 400.497(11)(c) and

27         (d) as s. 400.497(8)(c) and (d) to conform to

28         s. 13, ch. 2000-140, Laws of Florida, and s.

29         160, ch. 2000-318, Laws of Florida.

30

31

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  1         Section 22.  Subsection (4) and paragraph (c) of

  2  subsection (7) of section 381.90, Florida Statutes, are

  3  amended to read:

  4         381.90  Health Information Systems Council; legislative

  5  intent; creation, appointment, duties.--

  6         (4)  Members of the council who are appointed by the

  7  Governor shall serve 2-year terms beginning January 1 through

  8  December 31, except that their initial term shall be July 1,

  9  1997, through December 31, 1998.  A member may be removed by

10  the Governor for cause or if such member is absent from three

11  consecutive meetings.  Any member appointed to fill a vacancy

12  shall serve for the unexpired term of his or her predecessor.

13         (7)  The council's duties and responsibilities include,

14  but are not limited to, the following:

15         (c)  To develop a review process to ensure cooperative

16  planning among agencies that collect or maintain

17  health-related data. The council shall submit a report on the

18  implementation of this requirement to the Executive Office of

19  the Governor, the President of the Senate, and the Speaker of

20  the House of Representatives by January 1, 2000.

21

22         Reviser's note.--Amended to delete obsolete

23         provisions.

24

25         Section 23.  Paragraph (g) of subsection (2) of section

26  383.0112, Florida Statutes, is repealed.

27

28         Reviser's note.--The cited paragraph relates to

29         a statewide symposium on responsible fatherhood

30         to be held no later than December 1996.

31

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  1         Section 24.  Subsection (7) of section 383.50, Florida

  2  Statutes, is amended to read:

  3         383.50  Treatment of abandoned newborn infant.--

  4         (7)  Upon admitting a newborn infant under this

  5  section, the hospital shall immediately contact a local

  6  licensed child-placing agency or alternatively contact the

  7  statewide central abuse hotline for the name of a licensed

  8  child-placing agency for purposes of transferring physical

  9  custody of the newborn infant. The hospital shall notify the

10  licensed child-placing agency that a newborn infant has been

11  left with the hospital and approximately when the licensed

12  child-placing agency can take physical custody of the child.

13  In cases where there is actual or suspected child abuse or

14  neglect, the hospital or any of its licensed health care

15  professionals shall report the actual or suspected child abuse

16  or neglect in accordance with ss. 39.201 39.1023 and 395.1023

17  in lieu of contacting a licensed child-placing agency.

18

19         Reviser's note.--Amended to correct an apparent

20         error and conform to the correct citation of

21         the referenced material; there is no s.

22         39.1023.

23

24         Section 25.  Paragraph (d) of subsection (1) of section

25  384.29, Florida Statutes, is amended to read:

26         384.29  Confidentiality.--

27         (1)  All information and records held by the department

28  or its authorized representatives relating to known or

29  suspected cases of sexually transmissible diseases are

30  strictly confidential and exempt from the provisions of s.

31  119.07(1).  Such information shall not be released or made

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  1  public by the department or its authorized representatives, or

  2  by a court or parties to a lawsuit upon revelation by

  3  subpoena, except under the following circumstances:

  4         (d)  When made in a medical emergency, but only to the

  5  extent necessary to protect the health or life of a named

  6  party, or an injured officer, firefighter, paramedic, or

  7  emergency medical technician, as provided in s. 796.08(6); or

  8

  9         Reviser's note.--Amended to delete an obsolete

10         reference. Section 796.08(6) was repealed by s.

11         2, ch. 94-205, Laws of Florida.

12

13         Section 26.  Subsection (1) of section 393.0641,

14  Florida Statutes, is amended to read:

15         393.0641  Program for the prevention and treatment of

16  severe self-injurious behavior.--

17         (1)  Effective July 1, 1990, and Contingent upon

18  specific appropriations, there is created a diagnostic,

19  treatment, training, and research program for clients

20  exhibiting severe self-injurious behavior.  This program

21  shall:

22         (a)  Serve as a resource center for information,

23  training, and program development.

24         (b)  Research the diagnosis and treatment of severe

25  self-injurious behavior, and related disorders, and develop

26  methods of prevention and treatment of self-injurious

27  behavior.

28         (c)  Identify individuals in critical need.

29         (d)  Develop treatment programs which are meaningful to

30  individuals with developmental disabilities, in critical need,

31

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  1  while safeguarding and respecting the legal and human rights

  2  of the individuals.

  3         (e)  Disseminate research findings on the prevention

  4  and treatment of severe self-injurious behavior.

  5         (f)  Collect data on the type, severity, incidence, and

  6  demographics of individuals with severe self-injurious

  7  behavior, and disseminate the data.

  8

  9         Reviser's note.--Amended to delete a provision

10         that has served its purpose.

11

12         Section 27.  Subsection (12) of section 394.875,

13  Florida Statutes, is amended to read:

14         394.875  Crisis stabilization units, residential

15  treatment facilities, and residential treatment centers for

16  children and adolescents; authorized services; license

17  required; penalties.--

18         (12)  Notwithstanding the other provisions of this

19  section, any facility licensed under former chapter chapters

20  396 and chapter 397 for detoxification, residential level I

21  care, and outpatient treatment may elect to license

22  concurrently all of the beds at such facility both for that

23  purpose and as a long-term residential treatment facility

24  pursuant to this section, if all of the following conditions

25  are met:

26         (a)  The licensure application is received by the

27  department prior to January 1, 1993.

28         (b)  On January 1, 1993, the facility was licensed

29  under former chapter chapters 396 and chapter 397 as a

30  facility for detoxification, residential level I care, and

31  outpatient treatment of substance abuse.

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  1         (c)  The facility restricted its practice to the

  2  treatment of law enforcement personnel for a period of at

  3  least 12 months beginning after January 1, 1992.

  4         (d)  The number of beds to be licensed under this

  5  chapter is equal to or less than the number of beds licensed

  6  under former chapter chapters 396 and chapter 397 as of

  7  January 1, 1993.

  8         (e)  The licensee agrees in writing to a condition

  9  placed upon the license that the facility will limit its

10  treatment exclusively to law enforcement personnel and their

11  immediate families who are seeking admission on a voluntary

12  basis and who are exhibiting symptoms of posttraumatic stress

13  disorder or other mental health problems, including drug or

14  alcohol abuse, which are directly related to law enforcement

15  work and which are amenable to verbal treatment therapies; the

16  licensee agrees to coordinate the provision of appropriate

17  postresidential care for discharged individuals; and the

18  licensee further agrees in writing that a failure to meet any

19  condition specified in this paragraph shall constitute grounds

20  for a revocation of the facility's license as a residential

21  treatment facility.

22         (f)  The licensee agrees that the facility will meet

23  all licensure requirements for a residential treatment

24  facility, including minimum standards for compliance with

25  lifesafety requirements, except those licensure requirements

26  which are in express conflict with the conditions and other

27  provisions specified in this subsection.

28         (g)  The licensee agrees that the conditions stated in

29  this subsection must be agreed to in writing by any person

30  acquiring the facility by any means.

31

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  1  Any facility licensed under this subsection is not required to

  2  provide any services to any persons except those included in

  3  the specified conditions of licensure, and is exempt from any

  4  requirements related to the 60-day or greater average length

  5  of stay imposed on community-based residential treatment

  6  facilities otherwise licensed under this chapter.

  7

  8         Reviser's note.--Amended to conform to the

  9         repeal of chapter 396 by s. 48, ch. 93-39, Laws

10         of Florida.

11

12         Section 28.  Effective July 1, 2001, paragraph (a) of

13  subsection (1) of section 395.0163, Florida Statutes, as

14  amended by section 21 of chapter 2000-141, Laws of Florida, is

15  amended to read:

16         395.0163  Construction inspections; plan submission and

17  approval; fees.--

18         (1)(a)  The design, construction, erection, alteration,

19  modification, repair, and demolition of all public and private

20  health care facilities are governed by the Florida Building

21  Code and the Florida Fire Prevention Code under ss. 553.73 and

22  633.022 663.022. In addition to the requirements of ss. 553.79

23  and 553.80, the agency shall review facility plans and survey

24  the construction of any facility licensed under this chapter.

25  The agency shall make, or cause to be made, such construction

26  inspections and investigations as it deems necessary. The

27  agency may prescribe by rule that any licensee or applicant

28  desiring to make specified types of alterations or additions

29  to its facilities or to construct new facilities shall, before

30  commencing such alteration, addition, or new construction,

31  submit plans and specifications therefor to the agency for

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  1  preliminary inspection and approval or recommendation with

  2  respect to compliance with applicable provisions of the

  3  Florida Building Code or agency rules and standards.  The

  4  agency shall approve or disapprove the plans and

  5  specifications within 60 days after receipt of the fee for

  6  review of plans as required in subsection (2).  The agency may

  7  be granted one 15-day extension for the review period if the

  8  director of the agency approves the extension. If the agency

  9  fails to act within the specified time, it shall be deemed to

10  have approved the plans and specifications.  When the agency

11  disapproves plans and specifications, it shall set forth in

12  writing the reasons for its disapproval. Conferences and

13  consultations may be provided as necessary.

14

15         Reviser's note.--Amended to correct an apparent

16         error and facilitate correct interpretation.

17         Section 663.022 does not exist. Section 633.022

18         relates to uniform firesafety standards.

19

20         Section 29.  Subsection (2) of section 395.3036,

21  Florida Statutes, is amended to read:

22         395.3036  Confidentiality of records and meetings of

23  corporations that lease public hospitals or other public

24  health care facilities.--The records of a private corporation

25  that leases a public hospital or other public health care

26  facility are confidential and exempt from the provisions of s.

27  119.07(1) and s. 24(a), Art. I of the State Constitution, and

28  the meetings of the governing board of a private corporation

29  are exempt from s. 286.011 and s. 24(b), Art. I of the State

30  Constitution when the public lessor complies with the public

31  finance accountability provisions of s. 155.40(5) with respect

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  1  to the transfer of any public funds to the private lessee and

  2  when the private lessee meets at least three of the five

  3  following criteria:

  4         (2)  The public lessor and the private lessee do not

  5  commingle any of their funds in any account maintained by

  6  either of them, other than the payment of the rent and

  7  administrative fees or the transfer of funds pursuant to this

  8  section subsection (2).

  9

10         Reviser's note.--Amended to correct an apparent

11         error and facilitate correct interpretation.

12         Committee Substitute for H.B. 3585, which

13         became ch. 98-330, Laws of Florida, was

14         substituted for C.S. for C.S. for S.B. 1044,

15         and ultimately amended to move language

16         regarding s. 155.40(5) with respect to transfer

17         of public funds which had been in s. 2 of C.S.

18         for S.B. 1044 to the introductory paragraph of

19         s. 395.3036. See Journal of the House of

20         Representatives 1998, p. 1679.

21

22         Section 30.  Subsection (4) of section 395.4045,

23  Florida Statutes, is amended to read:

24         395.4045  Emergency medical service providers; trauma

25  transport protocols; transport of trauma alert victims to

26  trauma centers; interfacility transfer.--

27         (4)  The department shall specify by rule the subjects

28  and the minimum criteria related to prehospital trauma

29  transport, trauma center or hospital destination

30  determinations, and interfacility trauma transfer transport by

31  an emergency medical services provider to be included in a

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  1  trauma agency's or emergency medical service provider's trauma

  2  transport protocol and shall approve or disapprove each such

  3  protocol. Trauma transport protocol rules pertaining to the

  4  air transportation of trauma victims shall be consistent with,

  5  but not limited to, applicable Federal Aviation Administration

  6  regulation. Emergency medical services licensees and trauma

  7  agencies shall be subject to monitoring by the department,

  8  under ss. 395.401(3) 395.401(4) and 402.31(1) for compliance

  9  with requirements, as applicable, regarding trauma transport

10  protocols and the transport of trauma victims.

11

12         Reviser's note.--Amended to conform to the

13         redesignation of s. 395.401(4) as s. 395.401(3)

14         by s. 2, ch. 2000-189, Laws of Florida.

15

16         Section 31.  Paragraphs (c) and (g) of subsection (2)

17  of section 395.602, Florida Statutes, are amended to read:

18         395.602  Rural hospitals.--

19         (2)  DEFINITIONS.--As used in this part:

20         (c)  "Inactive rural hospital bed" means a licensed

21  acute care hospital bed, as defined in s. 395.002(14)

22  395.002(12), that is inactive in that it cannot be occupied by

23  acute care inpatients.

24         (g)  "Swing-bed" means a bed which can be used

25  interchangeably as either a hospital, skilled nursing facility

26  (SNF), or intermediate care facility (ICF) bed pursuant to 42

27  C.F.R. the Code of Federal Regulations, parts 405, 435, 440,

28  442, and 447.

29

30         Reviser's note.--Paragraph (2)(c) is amended to

31         conform to the redesignation of subunits of s.

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  1         395.002 to conform to s. 23, ch. 98-89, Laws of

  2         Florida, and s. 37, ch. 98-171, Laws of

  3         Florida. Paragraph (2)(g) is amended to conform

  4         to the correct citation to the referenced

  5         material.

  6

  7         Section 32.  Paragraph (b) of subsection (2) of section

  8  395.7015, Florida Statutes, is amended to read:

  9         395.7015  Annual assessment on health care entities.--

10         (2)  There is imposed an annual assessment against

11  certain health care entities as described in this section:

12         (b)  For the purpose of this section, "health care

13  entities" include the following:

14         1.  Ambulatory surgical centers and mobile surgical

15  facilities licensed under s. 395.003. This subsection shall

16  only apply to mobile surgical facilities operating under

17  contracts entered into on or after July 1, 1998.

18         2.  Clinical laboratories licensed under s. 483.091,

19  excluding any hospital laboratory defined under s. 483.041(6)

20  483.041(5), any clinical laboratory operated by the state or a

21  political subdivision of the state, any clinical laboratory

22  which qualifies as an exempt organization under s. 501(c)(3)

23  of the Internal Revenue Code of 1986, as amended, and which

24  receives 70 percent or more of its gross revenues from

25  services to charity patients or Medicaid patients, and any

26  blood, plasma, or tissue bank procuring, storing, or

27  distributing blood, plasma, or tissue either for future

28  manufacture or research or distributed on a nonprofit basis,

29  and further excluding any clinical laboratory which is wholly

30  owned and operated by 6 or fewer physicians who are licensed

31  pursuant to chapter 458 or chapter 459 and who practice in the

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  1  same group practice, and at which no clinical laboratory work

  2  is performed for patients referred by any health care provider

  3  who is not a member of the same group.

  4         3.  Diagnostic-imaging centers that are freestanding

  5  outpatient facilities that provide specialized services for

  6  the identification or determination of a disease through

  7  examination and also provide sophisticated radiological

  8  services, and in which services are rendered by a physician

  9  licensed by the Board of Medicine under s. 458.311, s.

10  458.313, or s. 458.317, or by an osteopathic physician

11  licensed by the Board of Osteopathic Medicine under s.

12  459.006, s. 459.007, or s. 459.0075.  For purposes of this

13  paragraph, "sophisticated radiological services" means the

14  following:  magnetic resonance imaging; nuclear medicine;

15  angiography; arteriography; computed tomography; positron

16  emission tomography; digital vascular imaging; bronchography;

17  lymphangiography; splenography; ultrasound, excluding

18  ultrasound providers that are part of a private physician's

19  office practice or when ultrasound is provided by two or more

20  physicians licensed under chapter 458 or chapter 459 who are

21  members of the same professional association and who practice

22  in the same medical specialties; and such other sophisticated

23  radiological services, excluding mammography, as adopted in

24  rule by the board.

25

26         Reviser's note.--Amended to conform to the

27         redesignation of s. 483.041(5) as s. 483.041(6)

28         by s. 144, ch. 99-397, Laws of Florida.

29

30         Section 33.  Section 397.405, Florida Statutes, is

31  reenacted to read:

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  1         397.405  Exemptions from licensure.--The following are

  2  exempt from the licensing provisions of this chapter:

  3         (1)  A hospital or hospital-based component licensed

  4  under chapter 395.

  5         (2)  A nursing home facility as defined in s.

  6  400.021(12).

  7         (3)  A substance abuse education program established

  8  pursuant to s. 233.061.

  9         (4)  A facility or institution operated by the Federal

10  Government.

11         (5)  A physician licensed under chapter 458 or chapter

12  459.

13         (6)  A psychologist licensed under chapter 490.

14         (7)  A social worker, marriage and family therapist, or

15  mental health counselor licensed under chapter 491.

16         (8)  An established and legally cognizable church or

17  nonprofit religious organization, denomination, or sect

18  providing substance abuse services, including prevention

19  services, which are exclusively religious, spiritual, or

20  ecclesiastical in nature.  A church or nonprofit religious

21  organization, denomination, or sect providing any of the

22  licensable service components itemized under s. 397.311(19) is

23  not exempt for purposes of its provision of such licensable

24  service components but retains its exemption with respect to

25  all services which are exclusively religious, spiritual, or

26  ecclesiastical in nature.

27         (9)  Facilities licensed under s. 393.063(8) that, in

28  addition to providing services to persons who are

29  developmentally disabled as defined therein, also provide

30  services to persons developmentally at risk as a consequence

31

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  1  of exposure to alcohol or other legal or illegal drugs while

  2  in utero.

  3         (10)  DUI education and screening services required to

  4  be attended pursuant to ss. 316.192, 316.193, 322.095,

  5  322.271, and 322.291 are exempt from licensure under this

  6  chapter.  Treatment programs must continue to be licensed

  7  under this chapter.

  8

  9  The exemptions from licensure in this section do not apply to

10  any facility or entity which receives an appropriation, grant,

11  or contract from the state to operate as a service provider as

12  defined in this chapter or to any substance abuse program

13  regulated pursuant to s. 397.406.  No provision of this

14  chapter shall be construed to limit the practice of a

15  physician licensed under chapter 458 or chapter 459, a

16  psychologist licensed under chapter 490, or a psychotherapist

17  licensed under chapter 491, providing outpatient or inpatient

18  substance abuse treatment to a voluntary patient, so long as

19  the physician, psychologist, or psychotherapist does not

20  represent to the public that he or she is a licensed service

21  provider under this act. Failure to comply with any

22  requirement necessary to maintain an exempt status under this

23  section is a misdemeanor of the first degree, punishable as

24  provided in s. 775.082 or s. 775.083.

25

26         Reviser's note.--Section 9, ch. 2000-350, Laws

27         of Florida, purported to amend subsection (2),

28         but failed to republish the flush left language

29         at the end of the section. In the absence of

30         affirmative evidence that the Legislature

31         intended to repeal the flush left language, s.

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  1         397.405 is reenacted to confirm that the

  2         omission was not intended.

  3

  4         Section 34.  Section 400.0091, Florida Statutes, is

  5  amended to read:

  6         400.0091  Training.--The ombudsman shall provide

  7  appropriate training to all employees of the Office of State

  8  Long-Term Care Ombudsman and to the state and local long-term

  9  care ombudsman councils, including all unpaid volunteers.  The

10  ombudsman shall implement the training program no later than

11  June 1, 1994.  No employee, officer, or representative of the

12  office or of the state or local long-term care ombudsman

13  councils, other than the ombudsman, may carry out any

14  authorized ombudsman duty or responsibility unless the person

15  has received the training required by this section and has

16  been approved by the ombudsman as qualified to carry out

17  ombudsman activities on behalf of the office or the state or

18  local long-term care ombudsman councils.

19

20         Reviser's note.--Amended to delete a provision

21         that has served its purpose.

22

23         Section 35.  Subsection (3) of section 400.022, Florida

24  Statutes, is amended to read:

25         400.022  Residents' rights.--

26         (3)  Any violation of the resident's rights set forth

27  in this section shall constitute grounds for action by the

28  agency under the provisions of s. 400.102.  In order to

29  determine whether the licensee is adequately protecting

30  residents' rights, the annual inspection of the facility shall

31  include private informal conversations with a sample of

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  1  residents to discuss residents' experiences within the

  2  facility with respect to rights specified in this section and

  3  general compliance with standards, and consultation with the

  4  ombudsman council in the local planning and service area of

  5  the Department of Elderly Affairs in which the nursing home is

  6  located.

  7

  8         Reviser's note.--Amended to improve clarity and

  9         facilitate correct interpretation.

10

11         Section 36.  Subsection (4) of section 400.023, Florida

12  Statutes, is amended to read:

13         400.023  Civil enforcement.--

14         (4)  Claimants alleging a deprivation or infringement

15  of adequate and appropriate health care pursuant to s.

16  400.022(1)(l) 400.022(1)(k) which resulted in personal injury

17  to or the death of a resident shall conduct an investigation

18  which shall include a review by a licensed physician or

19  registered nurse familiar with the standard of nursing care

20  for nursing home residents pursuant to this part.  Any

21  complaint alleging such a deprivation or infringement shall be

22  accompanied by a verified statement from the reviewer that

23  there exists reason to believe that a deprivation or

24  infringement occurred during the resident's stay at the

25  nursing home.  Such opinion shall be based on records or other

26  information available at the time that suit is filed.  Failure

27  to provide records in accordance with the requirements of this

28  chapter shall waive the requirement of the verified statement.

29

30         Reviser's note.--Amended to conform to the

31         redesignation of s. 400.022(1)(k) as s.

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  1         400.022(1)(l) by s. 3, ch. 93-217, Laws of

  2         Florida.

  3

  4         Section 37.  Section 400.141, Florida Statutes, is

  5  amended to read:

  6         400.141  Administration and management of nursing home

  7  facilities.--Every licensed facility shall comply with all

  8  applicable standards and rules of the agency and shall:

  9         (1)  Be under the administrative direction and charge

10  of a licensed administrator.

11         (2)  Appoint a medical director licensed pursuant to

12  chapter 458 or chapter 459. The agency may establish by rule

13  more specific criteria for the appointment of a medical

14  director.

15         (3)  Have available the regular, consultative, and

16  emergency services of physicians licensed by the state.

17         (4)  Provide for resident use of a community pharmacy

18  as specified in s. 400.022(1)(q). Any other law to the

19  contrary notwithstanding, a registered pharmacist licensed in

20  Florida, that is under contract with a facility licensed under

21  this chapter, shall repackage a nursing facility resident's

22  bulk prescription medication which has been packaged by

23  another pharmacist licensed in any state in the United States

24  into a unit dose system compatible with the system used by the

25  nursing facility, if the pharmacist is requested to offer such

26  service. In order to be eligible for the repackaging, a

27  resident or the resident's spouse must receive prescription

28  medication benefits provided through a former employer as part

29  of his or her retirement benefits a qualified pension plan as

30  specified in s. 4972 of the Internal Revenue Code, a federal

31  retirement program as specified under 5 C.F.R. s. 831, or a

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  1  long-term care policy as defined in s. 627.9404(1). A

  2  pharmacist who correctly repackages and relabels the

  3  medication and the nursing facility which correctly

  4  administers such repackaged medication under the provisions of

  5  this subsection shall not be held liable in any civil or

  6  administrative action arising from the repackaging. In order

  7  to be eligible for the repackaging, a nursing facility

  8  resident for whom the medication is to be repackaged shall

  9  sign an informed consent form provided by the facility which

10  includes an explanation of the repackaging process and which

11  notifies the resident of the immunities from liability

12  provided herein. A pharmacist who repackages and relabels

13  prescription medications, as authorized under this subsection,

14  may charge a reasonable fee for costs resulting from the

15  implementation of this provision.

16         (5)  Provide for the access of the facility residents

17  to dental and other health-related services, recreational

18  services, rehabilitative services, and social work services

19  appropriate to their needs and conditions and not directly

20  furnished by the licensee.  When a geriatric outpatient nurse

21  clinic is conducted in accordance with rules adopted by the

22  agency, outpatients attending such clinic shall not be counted

23  as part of the general resident population of the nursing home

24  facility, nor shall the nursing staff of the geriatric

25  outpatient clinic be counted as part of the nursing staff of

26  the facility, until the outpatient clinic load exceeds 15 a

27  day.

28         (6)  Be allowed and encouraged by the agency to provide

29  other needed services under certain conditions. If the

30  facility has a standard licensure status, and has had no class

31  I or class II deficiencies during the past 2 years or has been

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  1  awarded a Gold Seal under the program established in s.

  2  400.235, it may be encouraged by the agency to provide

  3  services, including, but not limited to, respite and adult day

  4  services, which enable individuals to move in and out of the

  5  facility.  A facility is not subject to any additional

  6  licensure requirements for providing these services. Respite

  7  care may be offered to persons in need of short-term or

  8  temporary nursing home services. Respite care must be provided

  9  in accordance with this part and rules adopted by the agency.

10  However, the agency shall, by rule, adopt modified

11  requirements for resident assessment, resident care plans,

12  resident contracts, physician orders, and other provisions, as

13  appropriate, for short-term or temporary nursing home

14  services.  The agency shall allow for shared programming and

15  staff in a facility which meets minimum standards and offers

16  services pursuant to this subsection, but, if the facility is

17  cited for deficiencies in patient care, may require additional

18  staff and programs appropriate to the needs of service

19  recipients. A person who receives respite care may not be

20  counted as a resident of the facility for purposes of the

21  facility's licensed capacity unless that person receives

22  24-hour respite care. A person receiving either respite care

23  for 24 hours or longer or adult day services must be included

24  when calculating minimum staffing for the facility. Any costs

25  and revenues generated by a nursing home facility from

26  nonresidential programs or services shall be excluded from the

27  calculations of Medicaid per diems for nursing home

28  institutional care reimbursement.

29         (7)  If the facility has a standard licensure status or

30  is a Gold Seal facility, exceeds minimum staffing standards,

31  and is part of a retirement community that offers other

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  1  services pursuant to part III, part IV, or part V, be allowed

  2  to share programming and staff.  At the time of relicensure, a

  3  retirement community that uses this option must demonstrate

  4  through staffing records that minimum staffing requirements

  5  for the facility were exceeded.

  6         (8)  Maintain the facility premises and equipment and

  7  conduct its operations in a safe and sanitary manner.

  8         (9)  If the licensee furnishes food service, provide a

  9  wholesome and nourishing diet sufficient to meet generally

10  accepted standards of proper nutrition for its residents and

11  provide such therapeutic diets as may be prescribed by

12  attending physicians.  In making rules to implement this

13  subsection, the agency shall be guided by standards

14  recommended by nationally recognized professional groups and

15  associations with knowledge of dietetics.

16         (10)  Keep full records of resident admissions and

17  discharges; medical and general health status, including

18  medical records, personal and social history, and identity and

19  address of next of kin or other persons who may have

20  responsibility for the affairs of the residents; and

21  individual resident care plans including, but not limited to,

22  prescribed services, service frequency and duration, and

23  service goals.  The records shall be open to inspection by the

24  agency.

25         (11)  Keep such fiscal records of its operations and

26  conditions as may be necessary to provide information pursuant

27  to this part.

28         (12)  Furnish copies of personnel records for employees

29  affiliated with such facility, to any other facility licensed

30  by this state requesting this information pursuant to this

31  part.  Such information contained in the records may include,

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  1  but is not limited to, disciplinary matters and any reason for

  2  termination. Any facility releasing such records pursuant to

  3  this part shall be considered to be acting in good faith and

  4  may not be held liable for information contained in such

  5  records, absent a showing that the facility maliciously

  6  falsified such records.

  7         (13)  Publicly display a poster provided by the agency

  8  containing the names, addresses, and telephone numbers for the

  9  state's abuse hotline, the State Long-Term Care Ombudsman, the

10  Agency for Health Care Administration consumer hotline, the

11  Advocacy Center for Persons with Disabilities, the Florida

12  Statewide Advocacy Council, and the Medicaid Fraud Control

13  Unit, with a clear description of the assistance to be

14  expected from each.

15

16  Facilities that have been awarded a Gold Seal under the

17  program established in s. 400.235 may develop a plan to

18  provide certified nursing assistant training as prescribed by

19  federal regulations and state rules and may apply to the

20  agency for approval of their its program.

21

22         Reviser's note.--Amended to improve clarity and

23         facilitate correct interpretation.

24

25         Section 38.  Paragraph (a) of subsection (2) of section

26  400.408, Florida Statutes, is amended to read:

27         400.408  Unlicensed facilities; referral of person for

28  residency to unlicensed facility; penalties; verification of

29  licensure status.--

30         (2)  It is unlawful to knowingly refer a person for

31  residency to an unlicensed assisted living facility; to an

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  1  assisted living facility the license of which is under denial

  2  or has been suspended or revoked; or to an assisted living

  3  facility that has a moratorium on admissions.  Any person who

  4  violates this subsection commits a noncriminal violation,

  5  punishable by a fine not exceeding $500 as provided in s.

  6  775.083.

  7         (a)  Any health care practitioner, as defined in s.

  8  456.001 455.501, which is aware of the operation of an

  9  unlicensed facility shall report that facility to the agency.

10  Failure to report a facility that the practitioner knows or

11  has reasonable cause to suspect is unlicensed shall be

12  reported to the practitioner's licensing board.

13

14         Reviser's note.--Amended to conform to the

15         redesignation of s. 455.501 as s. 456.001 by s.

16         36, ch. 2000-160, Laws of Florida.

17

18         Section 39.  Paragraph (b) of subsection (5) of section

19  400.464, Florida Statutes, is amended to read:

20         400.464  Home health agencies to be licensed;

21  expiration of license; exemptions; unlawful acts; penalties.--

22         (5)  The following are exempt from the licensure

23  requirements of this part:

24         (b)  Home health services provided by a state agency,

25  either directly or through a contractor with:

26         1.  The Department of Elderly Affairs.

27         2.  The Department of Health, a community health

28  center, or a rural health network that furnishes home visits

29  for the purpose of providing environmental assessments, case

30  management, health education, personal care services, family

31

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  1  planning, or followup treatment, or for the purpose of

  2  monitoring and tracking disease.

  3         3.  Services provided to persons who have developmental

  4  disabilities, as defined in s. 393.063(12) 393.063(11).

  5         4.  Companion and sitter organizations that were

  6  registered under s. 400.509(1) on January 1, 1999, and were

  7  authorized to provide personal services under s. 393.063(33)

  8  under a developmental services provider certificate on January

  9  1, 1999, may continue to provide such services to past,

10  present, and future clients of the organization who need such

11  services, notwithstanding the provisions of this act.

12         5.  The Department of Children and Family Services.

13

14         Reviser's note.--Amended to conform to the

15         redesignation of subunits of s. 393.063 by s.

16         23, ch. 98-171, Laws of Florida.

17

18         Section 40.  Paragraph (d) of subsection (12) of

19  section 400.980, Florida Statutes, is amended to read:

20         400.980  Health care services pools.--

21         (12)

22         (d)  If financial responsibility requirements are met

23  by maintaining an escrow account or letter of credit, as

24  provided in this section, upon the entry of an adverse final

25  judgment arising from a medical malpractice arbitration award

26  from a claim of medical malpractice either in contract or

27  tort, or from noncompliance with the terms of a settlement

28  agreement arising from a claim of medical malpractice either

29  in contract or tort, the financial institution holding the

30  escrow account or the letter of credit shall pay directly to

31  the claimant the entire amount of the judgment together with

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  1  all accrued interest or the amount maintained in the escrow

  2  account or letter of credit as required by this section,

  3  whichever is less, within 60 days after the date such judgment

  4  became final and subject to execution, unless otherwise

  5  mutually agreed to in writing by the parties.  If timely

  6  payment is not made, the agency shall suspend the registration

  7  of the pool pursuant to procedures set forth by the agency

  8  department through rule. Nothing in this paragraph shall

  9  abrogate a judgment debtor's obligation to satisfy the entire

10  amount of any judgment.

11

12         Reviser's note.--Amended to improve clarity and

13         facilitate correct interpretation. Rulemaking

14         authority relating to suspension of

15         registration is granted to the Agency for

16         Health Care Administration in s. 400.980(13).

17

18         Section 41.  Subsection (2) of section 402.166, Florida

19  Statutes, is amended to read:

20         402.166  Florida local advocacy councils; confidential

21  records and meetings.--

22         (2)  Each local council shall have no fewer than 7

23  members and no more than 15 members, no more than 4 of whom

24  are or have been recipients of one or more client services

25  within the last 4 years, except that one member of this group

26  may be an immediate relative or legal representative of a

27  current or former client; two providers who deliver client

28  services as defined in s. 402.164(2); and two representatives

29  of professional organizations, one of whom represents the

30  health-related professions and one of whom represents the

31  legal profession. Priority of consideration shall be given to

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  1  the appointment of at least one medical or osteopathic

  2  physician, as defined in chapters 458 and 459, and one member

  3  in good standing of The Florida Bar. Priority of consideration

  4  shall also be given to the appointment of an individual who is

  5  receiving client services and whose primary interest,

  6  experience, or expertise lies with a major client group not

  7  represented on the council committee at the time of the

  8  appointment.  A person who is employed in client services by

  9  any state agency may not be appointed to the council. No more

10  than three individuals who are providing contracted services

11  for clients to any state agency may serve on the same local

12  council at the same time. Persons related to each other by

13  consanguinity or affinity within the third degree may not

14  serve on the same local council at the same time.  All members

15  of local councils must successfully complete a standardized

16  training course for council members within 3 months after

17  their appointment to a local council.  A member may not be

18  assigned to an investigation that requires access to

19  confidential information prior to the completion of the

20  training course.  After he or she completes the required

21  training course, a member of a local council may not be

22  prevented from participating in any activity of that local

23  council, including investigations and monitoring, except due

24  to a conflict of interest as described in the procedures

25  established by the statewide council pursuant to subsection

26  (7).

27

28         Reviser's note.--Amended to conform to the

29         redesignation of district human rights advocacy

30         committees as local advocacy councils by s. 3,

31         ch. 2000-263, Laws of Florida.

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  1         Section 42.  Paragraph (b) of subsection (4) of section

  2  402.28, Florida Statutes, is amended to read:

  3         402.28  Child Care Plus.--

  4         (4)

  5         (b)  Each child care facility, home, or agency

  6  representing a network of family day care homes wishing to

  7  apply for a Child Care Plus grant shall submit a grant

  8  proposal for funding the department no later than March 1,

  9  1990.  Thereafter, each such facility, home, or agency wishing

10  to apply for continued funding through an annual Child Care

11  Plus grant shall apply to the department no later than March 1

12  of each year.

13

14         Reviser's note.--Amended to delete a provision

15         that has served its purpose.

16

17         Section 43.  Paragraph (b) of subsection (2) of section

18  402.50, Florida Statutes, is repealed, and paragraph (a) of

19  subsection (2) of that section is amended to read:

20         402.50  Administrative infrastructure; legislative

21  intent; establishment of standards.--

22         (2)  ADMINISTRATIVE INFRASTRUCTURE STANDARDS.--

23         (a)  The department, in conjunction with the Department

24  of Management Services and the Governor's Office of Planning

25  and Budgeting, shall develop standards for administrative

26  infrastructure funding and staffing to support the department

27  and contract service providers in the execution of their

28  duties and responsibilities.  A report of recommended

29  standards shall be submitted to the Governor, the President of

30  the Senate, the Speaker of the House of Representatives, the

31

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  1  minority leaders of the Senate and House, and the chairpersons

  2  of appropriate House and Senate committees by October 1, 1992.

  3

  4         Reviser's note.--Paragraph (2)(a) is amended to

  5         delete an obsolete provision. Paragraph (2)(b)

  6         provides that the former Department of Health

  7         and Rehabilitative Services was to submit, by

  8         October 1, 1991, a task analysis,

  9         implementation plan, and schedule for

10         development of administrative infrastructure

11         standards to the Economic and Demographic

12         Research Division of the former Joint

13         Legislative Management Committee, which entity

14         was to review and submit comments regarding

15         same to the appropriations committees by

16         December 1, 1991.

17

18         Section 44.  Paragraph (a) of subsection (13) of

19  section 403.031, Florida Statutes, is amended to read:

20         403.031  Definitions.--In construing this chapter, or

21  rules and regulations adopted pursuant hereto, the following

22  words, phrases, or terms, unless the context otherwise

23  indicates, have the following meanings:

24         (13)  "Waters" include, but are not limited to, rivers,

25  lakes, streams, springs, impoundments, wetlands, and all other

26  waters or bodies of water, including fresh, brackish, saline,

27  tidal, surface, or underground waters. Waters owned entirely

28  by one person other than the state are included only in regard

29  to possible discharge on other property or water. Underground

30  waters include, but are not limited to, all underground waters

31  passing through pores of rock or soils or flowing through in

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  1  channels, whether manmade or natural. Solely for purposes of

  2  s. 403.0885, waters of the state also include navigable waters

  3  or waters of the contiguous zone as used in s. 502 of the

  4  Clean Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in

  5  existence on January 1, 1993, except for those navigable

  6  waters seaward of the boundaries of the state set forth in s.

  7  1, Art. II of the State Constitution. Solely for purposes of

  8  this chapter, waters of the state also include the area

  9  bounded by the following:

10         (a)  Commence at the intersection of State Road (SRD) 5

11  (U.S. 1) and the county line dividing Dade and Monroe

12  Counties, said point also being the mean high-water line of

13  Florida Bay, located in section 4, township 60 south, range 39

14  east of the Tallahassee Meridian for the point of beginning.

15  From said point of beginning, thence run northwesterly along

16  said SRD 5 to an intersection with the north line of section

17  18, township 58 south, range 39 east; thence run westerly to a

18  point marking the southeast corner of section 12, township 58

19  south, range 37 east, said point also lying on the east

20  boundary of the Everglades National Park; thence run north

21  along the east boundary of the aforementioned Everglades

22  National Park to a point marking the northeast corner of

23  section 1, township 58 south, range 37 east; thence run west

24  along said park to a point marking the northwest corner of

25  said section 1; thence run northerly along said park to a

26  point marking the northwest corner of section 24, township 57

27  south, range 37 east; thence run westerly along the south

28  lines of sections 14, 15, and 16 to the southwest corner of

29  section 16; thence leaving the Everglades National Park

30  boundary run northerly along the west line of section 16 to

31  the northwest corner of section 16; thence east along the

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  1  northerly line of section 16 to a point at the intersection of

  2  the east one-half and west one-half of section 9; thence

  3  northerly along the line separating the east one-half and the

  4  west one-half of sections 9, 4, 33, and 28; thence run

  5  easterly along the north line of section 28 to the northeast

  6  corner of section 28; thence run northerly along the west line

  7  of section 22 to the northwest corner of section 22; thence

  8  easterly along the north line of section 22 to a point at the

  9  intersection of the east one-half and west one-half of section

10  15; thence run northerly along said line to the point of

11  intersection with the north line of section 15; thence

12  easterly along the north line of section 15 to the northeast

13  corner of section 15; thence run northerly along the west

14  lines of sections 11 and 2 to the northwest corner of section

15  2; thence run easterly along the north lines of sections 2 and

16  1 to the northeast corner of section 1, township 56 south,

17  range 37 east; thence run north along the east line of section

18  36, township 55 south, range 37 east to the northeast corner

19  of section 36; thence run west along the north line of section

20  36 to the northwest corner of section 36; thence run north

21  along the west line of section 25 to the northwest corner of

22  section 25; thence run west along the north line of section 26

23  to the northwest corner of section 26; thence run north along

24  the west line of section 23 to the northwest corner of section

25  23; thence run easterly along the north line of section 23 to

26  the northeast corner of section 23; thence run north along the

27  west line of section 13 to the northwest corner of section 13;

28  thence run east along the north line of section 13 to a point

29  of intersection with the west line of the southeast

30  one-quarter of section 12; thence run north along the west

31  line of the southeast one-quarter of section 12 to the

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  1  northwest corner of the southeast one-quarter of section 12;

  2  thence run east along the north line of the southeast

  3  one-quarter of section 12 to the point of intersection with

  4  the east line of section 12; thence run east along the south

  5  line of the northwest one-quarter of section 7 to the

  6  southeast corner of the northwest one-quarter of section 7;

  7  thence run north along the east line of the northwest

  8  one-quarter of section 7 to the point of intersection with the

  9  north line of section 7; thence run northerly along the west

10  line of the southeast one-quarter of section 6 to the

11  northwest corner of the southeast one-quarter of section 6;

12  thence run east along the north lines of the southeast

13  one-quarter of section 6 and the southwest one-quarter of

14  section 5 to the northeast corner of the southwest one-quarter

15  of section 5; thence run northerly along the east line of the

16  northwest one-quarter of section 5 to the point of

17  intersection with the north line of section 5; thence run

18  northerly along the line dividing the east one-half and the

19  west one-half of Lot 5 to a point intersecting the north line

20  of Lot 5; thence run east along the north line of Lot 5 to the

21  northeast corner of Lot 5, township 54 1/2  south, range 38

22  east; thence run north along the west line of section 33,

23  township 54 south, range 38 east to a point intersecting the

24  northwest corner of the southwest one-quarter of section 33;

25  thence run easterly along the north line of the southwest

26  one-quarter of section 33 to the northeast corner of the

27  southwest one-quarter of section 33; thence run north along

28  the west line of the northeast one-quarter of section 33 to a

29  point intersecting the north line of section 33; thence run

30  easterly along the north line of section 33 to the northeast

31  corner of section 33; thence run northerly along the west line

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  1  of section 27 to a point intersecting the northwest corner of

  2  the southwest one-quarter of section 27; thence run easterly

  3  to the northeast corner of the southwest one-quarter of

  4  section 27; thence run northerly along the west line of the

  5  northeast one-quarter of section 27 to a point intersecting

  6  the north line of section 27; thence run west along the north

  7  line of section 27 to the northwest corner of section 27;

  8  thence run north along the west lines of sections 22 and 15 to

  9  the northwest corner of section 15; thence run easterly along

10  the north lines of sections 15 and 14 to the point of

11  intersection with the L-31N Levee, said intersection located

12  near the southeast corner of section 11, township 54 south,

13  range 38 east; thence run northerly along Levee L-31N crossing

14  SRD 90 (U.S. 41 Tamiami Trail) to an intersection common to

15  Levees L-31N, L-29, and L-30, said intersection located near

16  the southeast corner of section 2, township 54 south, range 38

17  east; thence run northeasterly, northerly, and northeasterly

18  along Levee L-30 to a point of intersection with the

19  Dade/Broward Levee, said intersection located near the

20  northeast corner of section 17, township 52 south, range 39

21  east; thence run due east to a point of intersection with SRD

22  27 (Krome Ave.); thence run northeasterly along SRD 27 to an

23  intersection with SRD 25 (U.S. 27), said intersection located

24  in section 3, township 52 south, range 39 east; thence run

25  northerly along said SRD 25, entering into Broward County, to

26  an intersection with SRD 84 at Andytown; thence run

27  southeasterly along the aforementioned SRD 84 to an

28  intersection with the southwesterly prolongation of Levee

29  L-35A, said intersection being located in the northeast

30  one-quarter of section 5, township 50 south, range 40 east;

31  thence run northeasterly along Levee L-35A to an intersection

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  1  of Levee L-36, said intersection located near the southeast

  2  corner of section 12, township 49 south, range 40 east; thence

  3  run northerly along Levee L-36, entering into Palm Beach

  4  County, to an intersection common to said Levees L-36, L-39,

  5  and L-40, said intersection located near the west quarter

  6  corner of section 19, township 47 south, range 41 east; thence

  7  run northeasterly, easterly, and northerly along Levee L-40,

  8  said Levee L-40 being the easterly boundary of the Loxahatchee

  9  National Wildlife Refuge, to an intersection with SRD 80 (U.S.

10  441), said intersection located near the southeast corner of

11  section 32, township 43 south, range 40 east; thence run

12  westerly along the aforementioned SRD 80 to a point marking

13  the intersection of said road and the northeasterly

14  prolongation of Levee L-7, said Levee L-7 being the westerly

15  boundary of the Loxahatchee National Wildlife Refuge; thence

16  run southwesterly and southerly along said Levee L-7 to an

17  intersection common to Levees L-7, L-15 (Hillsborough Canal),

18  and L-6; thence run southwesterly along Levee L-6 to an

19  intersection common to Levee L-6, SRD 25 (U.S. 27), and Levee

20  L-5, said intersection being located near the northwest corner

21  of section 27, township 47 south, range 38 east; thence run

22  westerly along the aforementioned Levee L-5 to a point

23  intersecting the east line of range 36 east; thence run

24  northerly along said range line to a point marking the

25  northeast corner of section 1, township 47 south, range 36

26  east; thence run westerly along the north line of township 47

27  south, to an intersection with Levee L-23/24 (Miami Canal);

28  thence run northwesterly along the Miami Canal Levee to a

29  point intersecting the north line of section 22, township 46

30  south, range 35 east; thence run westerly to a point marking

31  the northwest corner of section 21, township 46 south, range

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  1  35 east; thence run southerly to the southwest corner of said

  2  section 21; thence run westerly to a point marking the

  3  northwest corner of section 30, township 46 south, range 35

  4  east, said point also being on the line dividing Palm Beach

  5  and Hendry Counties; from said point, thence run southerly

  6  along said county line to a point marking the intersection of

  7  Broward, Hendry, and Collier Counties, said point also being

  8  the northeast corner of section 1, township 49 south, range 34

  9  east; thence run westerly along the line dividing Hendry and

10  Collier Counties and continuing along the prolongation thereof

11  to a point marking the southwest corner of section 36,

12  township 48 south, range 29 east; thence run southerly to a

13  point marking the southwest corner of section 12, township 49

14  south, range 29 east; thence run westerly to a point marking

15  the southwest corner of section 10, township 49 south, range

16  29 east; thence run southerly to a point marking the southwest

17  corner of section 15, township 49 south, range 29 east; thence

18  run westerly to a point marking the northwest corner of

19  section 24, township 49 south, range 28 east, said point lying

20  on the west boundary of the Big Cypress Area of Critical State

21  Concern as described in rule 28-25.001 27F-3, Florida

22  Administrative Code; thence run southerly along said boundary

23  crossing SRD 84 (Alligator Alley) to a point marking the

24  southwest corner of section 24, township 50 south, range 28

25  east; thence leaving the aforementioned west boundary of the

26  Big Cypress Area of Critical State Concern run easterly to a

27  point marking the northeast corner of section 25, township 50

28  south, range 28 east; thence run southerly along the east line

29  of range 28 east to a point lying approximately 0.15 miles

30  south of the northeast corner of section 1, township 52 south,

31  range 28 east; thence run southwesterly 2.4 miles more or less

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  1  to an intersection with SRD 90 (U.S. 41 Tamiami Trail), said

  2  intersection lying 1.1 miles more or less west of the east

  3  line of range 28 east; thence run northwesterly and westerly

  4  along SRD 90 to an intersection with the west line of section

  5  10, township 52 south, range 28 east; thence leaving SRD 90

  6  run southerly to a point marking the southwest corner of

  7  section 15, township 52 south, range 28 east; thence run

  8  westerly crossing the Faka Union Canal 0.6 miles more or less

  9  to a point; thence run southerly and parallel to the Faka

10  Union Canal to a point located on the mean high-water line of

11  Faka Union Bay; thence run southeasterly along the mean

12  high-water line of the various bays, rivers, inlets, and

13  streams to the point of beginning.

14

15         Reviser's note.--Amended to conform to the

16         redesignation of rule 27F-3 as rule 28-25.001,

17         Florida Administrative Code.

18

19         Section 45.  Subsection (4) of section 403.714, Florida

20  Statutes, is amended to read:

21         403.714  Duties of state agencies.--

22         (4)  The Department of Agriculture and Consumer

23  Services, in consultation with the Department of

24  Transportation, the Department of Commerce, and the

25  department, and appropriate trade associations, shall

26  undertake to stimulate the development of sustainable state

27  markets for compost through demonstration projects and other

28  approaches the Department of Agriculture and Consumer Services

29  may develop.

30

31

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  1         Reviser's note.--Amended to delete obsolete

  2         language. Section 20.17, which created the

  3         Department of Commerce, was repealed by s. 3,

  4         ch. 96-320, Laws of Florida.

  5

  6         Section 46.  Paragraph (b) of subsection (3) of section

  7  403.718, Florida Statutes, is amended to read:

  8         403.718  Waste tire fees.--

  9         (3)

10         (b)  The Department of Revenue, under the applicable

11  rules of the Career Service Commission, is authorized to

12  employ persons and incur other expenses for which funds are

13  appropriated by the Legislature.  The department is empowered

14  to adopt such rules and shall prescribe and publish such forms

15  as may be necessary to effectuate the purposes of this

16  section. The department is authorized to establish audit

17  procedures and to assess delinquent fees.

18

19         Reviser's note.--Amended to delete language

20         that has served its purpose. The Career Service

21         Commission was repealed by s. 87, ch. 86-163,

22         Laws of Florida.

23

24         Section 47.  Subsection (5) of section 403.7191,

25  Florida Statutes, is amended to read:

26         403.7191  Toxics in packaging.--

27         (5)  CERTIFICATE OF COMPLIANCE.--Each manufacturer or

28  distributor of a package or packaging component shall provide,

29  if required, to the purchaser of such package or packaging

30  component, a certificate of compliance stating that the

31  package or packaging component is in compliance with the

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  1  provisions of this section.  If compliance is achieved under

  2  any of the exemptions provided in paragraph (4)(b) or

  3  paragraph (4)(c), the certificate shall state the specific

  4  basis upon which the exemption is claimed.  The certificate of

  5  compliance shall be signed by an authorized official of the

  6  manufacturing or distributing company.  The manufacturer or

  7  distributor shall retain the certificate of compliance for as

  8  long as the package or packaging component is in use.  A copy

  9  of the certificate of compliance shall be kept on file by the

10  manufacturer or distributor of the package or packaging

11  component for at least 3 years from the date of the last sale

12  or distribution by the manufacturer or distributor.

13  Certificates of compliance, or copies thereof, shall be

14  furnished within 60 days to the department upon the

15  department's request.  If the manufacturer or distributor of

16  the package or packaging component reformulates or creates a

17  new package or packaging component, including a reformulation

18  or creation to meet the maximum levels set forth in subsection

19  (3), the manufacturer or distributor shall provide an amended

20  or new certificate of compliance for the reformulated or new

21  package or packaging component.

22

23         Reviser's note.--Amended to conform to the

24         repeal of paragraph (4)(c) by s. 41, ch. 99-5,

25         Laws of Florida.

26

27         Section 48.  Subsection (7) of section 403.7192,

28  Florida Statutes, is amended to read:

29         403.7192  Batteries; requirements for consumer,

30  manufacturers, and sellers; penalties.--

31

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  1         (7)  On or before October 7, 1997, and annually

  2  thereafter, for a period of 3 years, cell manufacturers and

  3  marketers or their representative organization shall report to

  4  the department plans for the implementation of the

  5  requirements under subsection (6). The reports shall include

  6  estimates of the cadmium disposal reductions. Representative

  7  organizations of manufacturers shall supply to the department

  8  a list of those organization members for whom the association

  9  is conducting the unit management program.

10

11         Reviser's note.--Amended to delete a provision

12         that has served its purpose.

13

14         Section 49.  Paragraph (b) of subsection (2) of section

15  403.854, Florida Statutes, is repealed.

16

17         Reviser's note.--The cited paragraph states

18         that proposed additions to existing treatment

19         plants not under contract for construction as

20         of July 1, 1977, are not automatically exempt

21         from specified requirements.

22

23         Section 50.  Subsections (3), (4), and (5) of section

24  408.02, Florida Statutes, are amended to read:

25         408.02  Practice parameters.--

26         (3)  The agency shall summarize the effectiveness and

27  cost of care outcomes for each diagnosis by hospital, by

28  district, by region, and across the state, as well as by any

29  other grouping which will facilitate the development of

30  clinically relevant practice parameters.  The agency shall

31  make the report available to the public and all hospitals

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  1  throughout the state on an annual basis beginning December 31,

  2  1994.  The agency shall also make detail data submitted

  3  pursuant to subsection (2) (3) available for analysis by

  4  others, subject to protection of confidentiality pursuant to

  5  s. 408.061.

  6         (4)  The agency, in conjunction with the Florida

  7  Medical Association, the Florida Chiropractic Association, the

  8  Florida Osteopathic Medical Association, the Florida Podiatric

  9  Medical Association, and other health professional

10  associations, and in conjunction with the respective boards

11  within the Division of Medical Quality Assurance, shall

12  develop and may adopt by rule state practice parameters based

13  on the data received under subsection (3) (4) as well as on

14  nationally developed practice guidelines.  However, practice

15  parameters adopted by rule shall not provide grounds for any

16  administrative action.  The agency shall prioritize the

17  development of those practice parameters which involve the

18  greatest utilization of resources either because they are the

19  most costly or because they are the most frequently performed.

20  Prior to the development of practice parameters under this

21  subsection, the agency in conjunction with the various health

22  professional associations may proceed with the development of

23  state practice parameters based on nationally developed

24  practice guidelines.

25         (5)  The agency, in conjunction with the appropriate

26  health professional associations shall develop and may adopt

27  by rule practice parameters for services provided by

28  diagnostic-imaging centers, radiation therapy services,

29  clinical laboratory services, physical therapy services, and

30  comprehensive rehabilitative services.  Practice parameters

31

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  1  applicable to diagnostic-imaging services shall be developed

  2  by December 31, 1993.

  3

  4         Reviser's note.--Subsections (3) and (4) are

  5         amended to conform to the redesignation of

  6         subunits of s. 408.02 necessitated by the

  7         repeal of former subsection (2) by s. 22, ch.

  8         95-146, Laws of Florida. Subsection (5) is

  9         amended to delete a provision that has served

10         its purpose.

11

12         Section 51.  Section 408.0361, Florida Statutes, is

13  amended to read:

14         408.0361  Diagnostic cardiac catheterization services

15  providers; compliance with guidelines and requirements.--Each

16  provider of diagnostic cardiac catheterization services shall

17  comply with the requirements of s. 408.036(3)(i)2.a.-d.

18  408.036(3)(n)2.a.-d., and rules of the Agency for Health Care

19  Administration governing the operation of adult inpatient

20  diagnostic cardiac catheterization programs, including the

21  most recent guidelines of the American College of Cardiology

22  and American Heart Association Guidelines for Cardiac

23  Catheterization and Cardiac Catheterization Laboratories.

24

25         Reviser's note.--Amended to conform to the

26         redesignation of paragraphs of s. 408.036(3) by

27         s. 7, ch. 2000-256, Laws of Florida, and s. 8,

28         ch. 2000-318, Laws of Florida.

29

30         Section 52.  Paragraph (c) of subsection (3) of section

31  409.145, Florida Statutes, is amended to read:

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  1         409.145  Care of children.--

  2         (3)

  3         (c)1.  The department is authorized to provide the

  4  services of the children's foster care program to an

  5  individual who is enrolled full-time in a postsecondary

  6  vocational-technical education program, full-time in a

  7  community college program leading toward a vocational degree

  8  or an associate degree, or full-time in a university or

  9  college, if the following requirements are met:

10         a.  The individual was committed to the legal custody

11  of the department for placement in foster care as a dependent

12  child;

13         b.  The permanency planning goal pursuant to part VIII

14  VII of chapter 39 for the individual is long-term foster care

15  or independent living;

16         c.  The individual has been accepted for admittance to

17  a postsecondary vocational-technical education program, to a

18  community college, or to a university or college;

19         d.  All other resources have been thoroughly explored,

20  and it can be clearly established that there are no

21  alternative resources for placement; and

22         e.  A written service agreement which specifies

23  responsibilities and expectations for all parties involved has

24  been signed by a representative of the department, the

25  individual, and the foster parent or licensed child-caring

26  agency providing the placement resources, if the individual is

27  to continue living with the foster parent or placement

28  resource while attending a postsecondary vocational-technical

29  education program, community college, or university or

30  college.  An individual who is to be continued in or placed in

31  independent living shall continue to receive services

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  1  according to the independent living program and agreement of

  2  responsibilities signed by the department and the individual.

  3         2.  Any provision of this chapter or any other law to

  4  the contrary notwithstanding, when an individual who meets the

  5  requirements of subparagraph 1. is in attendance at a

  6  community college, college, or university, the department may

  7  make foster care payments to such community college, college,

  8  or university in lieu of payment to the foster parents or

  9  individual, for the purpose of room and board, if not

10  otherwise provided, but such payments shall not exceed the

11  amount that would have been paid to the foster parents had the

12  individual remained in the foster home.

13         3.  The services of the foster care program shall

14  continue only for an individual under this paragraph who is a

15  full-time student but shall continue for not more than:

16         a.  Two consecutive years for an individual in a

17  postsecondary vocational-technical education program;

18         b.  Two consecutive years or four semesters for an

19  individual enrolled in a community college unless the

20  individual is participating in college preparatory instruction

21  or is requiring additional time to complete the college-level

22  communication and computation skills testing program, in which

23  case such services shall continue for not more than 3

24  consecutive years or six semesters; or

25         c.  Four consecutive years, 8 semesters, or 12 quarters

26  for an individual enrolled in a college or university unless

27  the individual is participating in college-preparatory

28  instruction or is requiring additional time to complete the

29  college-level communication and computation skills testing

30  programs, in which case such services shall continue for not

31  more than 5 consecutive years, 10 semesters, or 15 quarters.

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  1         4.a.  As a condition for continued foster care

  2  services, an individual shall have earned a grade point

  3  average of at least 2.0 on a 4.0 scale for the previous term,

  4  maintain at least an overall grade point average of 2.0 for

  5  only the previous term, and be eligible for continued

  6  enrollment in the institution.  If the postsecondary

  7  vocational-technical school program does not operate on a

  8  grade point average as described above, then the individual

  9  shall maintain a standing equivalent to the 2.0 grade point

10  average.

11         b.  Services shall be terminated upon completion of,

12  graduation from, or withdrawal or permanent expulsion from a

13  postsecondary vocational-technical education program,

14  community college, or university or college.  Services shall

15  also be terminated for failure to maintain the required level

16  of academic achievement.

17

18         Reviser's note.--Amended to conform to the

19         redesignation of part VII of chapter 39 as part

20         VIII by s. 22, ch. 2000-139, Laws of Florida.

21

22         Section 53.  Section 409.1685, Florida Statutes, is

23  amended to read:

24         409.1685  Children in foster care; annual report to

25  Legislature.--The Department of Children and Family Services

26  shall submit a written report to the substantive committees of

27  the Legislature concerning the status of children in foster

28  care and concerning the judicial review mandated by part X

29  VIII of chapter 39.  This report shall be submitted by March 1

30  of each year and shall include the following information for

31  the prior calendar year:

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  1         (1)  The number of 6-month and annual judicial reviews

  2  completed during that period.

  3         (2)  The number of children in foster care returned to

  4  a parent, guardian, or relative as a result of a 6-month or

  5  annual judicial review hearing during that period.

  6         (3)  The number of termination of parental rights

  7  proceedings instituted during that period which shall include:

  8         (a)  The number of termination of parental rights

  9  proceedings initiated pursuant to s. 39.703; and

10         (b)  The total number of terminations of parental

11  rights ordered.

12         (4)  The number of foster care children placed for

13  adoption during that period.

14

15         Reviser's note.--Amended to conform to the

16         redesignation of part VIII of chapter 39 as

17         part X by s. 22, ch. 2000-139, Laws of Florida.

18

19         Section 54.  Paragraph (a) of subsection (1) and

20  paragraph (b) of subsection (2) of section 409.908, Florida

21  Statutes, are amended to read:

22         409.908  Reimbursement of Medicaid providers.--Subject

23  to specific appropriations, the agency shall reimburse

24  Medicaid providers, in accordance with state and federal law,

25  according to methodologies set forth in the rules of the

26  agency and in policy manuals and handbooks incorporated by

27  reference therein.  These methodologies may include fee

28  schedules, reimbursement methods based on cost reporting,

29  negotiated fees, competitive bidding pursuant to s. 287.057,

30  and other mechanisms the agency considers efficient and

31  effective for purchasing services or goods on behalf of

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  1  recipients.  Payment for Medicaid compensable services made on

  2  behalf of Medicaid eligible persons is subject to the

  3  availability of moneys and any limitations or directions

  4  provided for in the General Appropriations Act or chapter 216.

  5  Further, nothing in this section shall be construed to prevent

  6  or limit the agency from adjusting fees, reimbursement rates,

  7  lengths of stay, number of visits, or number of services, or

  8  making any other adjustments necessary to comply with the

  9  availability of moneys and any limitations or directions

10  provided for in the General Appropriations Act, provided the

11  adjustment is consistent with legislative intent.

12         (1)  Reimbursement to hospitals licensed under part I

13  of chapter 395 must be made prospectively or on the basis of

14  negotiation.

15         (a)  Reimbursement for inpatient care is limited as

16  provided for in s. 409.905(5), except for:

17         1.  The raising of rate reimbursement caps, excluding

18  rural hospitals.

19         2.  Recognition of the costs of graduate medical

20  education.

21         3.  Other methodologies recognized in the General

22  Appropriations Act.

23

24  During the years funds are transferred from the Board of

25  Regents, any reimbursement supported by such funds shall be

26  subject to certification by the Board of Regents that the

27  hospital has complied with s. 381.0403. The agency is

28  authorized to receive funds from state entities, including,

29  but not limited to, the Board of Regents, local governments,

30  and other local political subdivisions, for the purpose of

31  making special exception payments, including federal matching

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  1  funds, through the Medicaid inpatient reimbursement

  2  methodologies. Funds received from state entities or local

  3  governments for this purpose shall be separately accounted for

  4  and shall not be commingled with other state or local funds in

  5  any manner. Notwithstanding this section and s. 409.915,

  6  counties are exempt from contributing toward the cost of the

  7  special exception reimbursement for hospitals serving a

  8  disproportionate share of low-income persons and providing

  9  graduate medical education.

10         (2)

11         (b)  Subject to any limitations or directions provided

12  for in the General Appropriations Act, the agency shall

13  establish and implement a Florida Title XIX Long-Term Care

14  Reimbursement Plan (Medicaid) for nursing home care in order

15  to provide care and services in conformance with the

16  applicable state and federal laws, rules, regulations, and

17  quality and safety standards and to ensure that individuals

18  eligible for medical assistance have reasonable geographic

19  access to such care. Under the plan, interim rate adjustments

20  shall not be granted to reflect increases in the cost of

21  general or professional liability insurance for nursing homes

22  unless the following criteria are met: have at least a 65

23  percent Medicaid utilization in the most recent cost report

24  submitted to the agency, and the increase in general or

25  professional liability costs to the facility for the most

26  recent policy period affects the total Medicaid per diem by at

27  least 5 percent. This rate adjustment shall not result in the

28  per diem exceeding the class ceiling. This provision shall

29  apply only to fiscal year 2000-2001 and shall be implemented

30  to the extent existing appropriations are available. The

31  agency shall report to the Governor, the Speaker of the House

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  1  of Representatives, and the President of the Senate by

  2  December 31, 2000, on the cost of liability insurance for

  3  Florida nursing homes for fiscal years 1999 and 2000 and the

  4  extent to which these costs are not being compensated by the

  5  Medicaid program. Medicaid-participating nursing homes shall

  6  be required to report to the agency information necessary to

  7  compile this report. Effective no earlier than the

  8  rate-setting period beginning April 1, 1999, the agency shall

  9  establish a case-mix reimbursement methodology for the rate of

10  payment for long-term care services for nursing home

11  residents. The agency shall compute a per diem rate for

12  Medicaid residents, adjusted for case mix, which is based on a

13  resident classification system that accounts for the relative

14  resource utilization by different types of residents and which

15  is based on level-of-care data and other appropriate data. The

16  case-mix methodology developed by the agency shall take into

17  account the medical, behavioral, and cognitive deficits of

18  residents. In developing the reimbursement methodology, the

19  agency shall evaluate and modify other aspects of the

20  reimbursement plan as necessary to improve the overall

21  effectiveness of the plan with respect to the costs of patient

22  care, operating costs, and property costs. In the event

23  adequate data are not available, the agency is authorized to

24  adjust the patient's care component or the per diem rate to

25  more adequately cover the cost of services provided in the

26  patient's care component. The agency shall work with the

27  Department of Elderly Affairs, the Florida Health Care

28  Association, and the Florida Association of Homes for the

29  Aging in developing the methodology. It is the intent of the

30  Legislature that the reimbursement plan achieve the goal of

31  providing access to health care for nursing home residents who

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  1  require large amounts of care while encouraging diversion

  2  services as an alternative to nursing home care for residents

  3  who can be served within the community. The agency shall base

  4  the establishment of any maximum rate of payment, whether

  5  overall or component, on the available moneys as provided for

  6  in the General Appropriations Act. The agency may base the

  7  maximum rate of payment on the results of scientifically valid

  8  analysis and conclusions derived from objective statistical

  9  data pertinent to the particular maximum rate of payment.

10

11         Reviser's note.--Paragraph (1)(a) is amended to

12         improve clarity and facilitate correct

13         interpretation. Paragraph (2)(b) is amended to

14         delete a provision that has served its purpose.

15

16         Section 55.  Paragraph (b) of subsection (3) of section

17  409.912, Florida Statutes, is amended to read:

18         409.912  Cost-effective purchasing of health care.--The

19  agency shall purchase goods and services for Medicaid

20  recipients in the most cost-effective manner consistent with

21  the delivery of quality medical care.  The agency shall

22  maximize the use of prepaid per capita and prepaid aggregate

23  fixed-sum basis services when appropriate and other

24  alternative service delivery and reimbursement methodologies,

25  including competitive bidding pursuant to s. 287.057, designed

26  to facilitate the cost-effective purchase of a case-managed

27  continuum of care. The agency shall also require providers to

28  minimize the exposure of recipients to the need for acute

29  inpatient, custodial, and other institutional care and the

30  inappropriate or unnecessary use of high-cost services.

31         (3)  The agency may contract with:

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  1         (b)  An entity that is providing comprehensive

  2  behavioral health care services to certain Medicaid recipients

  3  through a capitated, prepaid arrangement pursuant to the

  4  federal waiver provided for by s. 409.905(5). Such an entity

  5  must be licensed under chapter 624, chapter 636, or chapter

  6  641 and must possess the clinical systems and operational

  7  competence to manage risk and provide comprehensive behavioral

  8  health care to Medicaid recipients. As used in this paragraph,

  9  the term "comprehensive behavioral health care services" means

10  covered mental health and substance abuse treatment services

11  that are available to Medicaid recipients. The secretary of

12  the Department of Children and Family Services Families shall

13  approve provisions of procurements related to children in the

14  department's care or custody prior to enrolling such children

15  in a prepaid behavioral health plan. Any contract awarded

16  under this paragraph must be competitively procured. In

17  developing the behavioral health care prepaid plan procurement

18  document, the agency shall ensure that the procurement

19  document requires the contractor to develop and implement a

20  plan to ensure compliance with s. 394.4574 related to services

21  provided to residents of licensed assisted living facilities

22  that hold a limited mental health license. The agency must

23  ensure that Medicaid recipients have available the choice of

24  at least two managed care plans for their behavioral health

25  care services. The agency may reimburse for

26  substance-abuse-treatment services on a fee-for-service basis

27  until the agency finds that adequate funds are available for

28  capitated, prepaid arrangements.

29         1.  By January 1, 2001, the agency shall modify the

30  contracts with the entities providing comprehensive inpatient

31  and outpatient mental health care services to Medicaid

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  1  recipients in Hillsborough, Highlands, Hardee, Manatee, and

  2  Polk Counties, to include substance-abuse-treatment services.

  3         2.  By December 31, 2001, the agency shall contract

  4  with entities providing comprehensive behavioral health care

  5  services to Medicaid recipients through capitated, prepaid

  6  arrangements in Charlotte, Collier, DeSoto, Escambia, Glades,

  7  Hendry, Lee, Okaloosa, Pasco, Pinellas, Santa Rosa, Sarasota,

  8  and Walton Counties. The agency may contract with entities

  9  providing comprehensive behavioral health care services to

10  Medicaid recipients through capitated, prepaid arrangements in

11  Alachua County. The agency may determine if Sarasota County

12  shall be included as a separate catchment area or included in

13  any other agency geographic area.

14         3.  Children residing in a Department of Juvenile

15  Justice residential program approved as a Medicaid behavioral

16  health overlay services provider shall not be included in a

17  behavioral health care prepaid health plan pursuant to this

18  paragraph.

19         4.  In converting to a prepaid system of delivery, the

20  agency shall in its procurement document require an entity

21  providing comprehensive behavioral health care services to

22  prevent the displacement of indigent care patients by

23  enrollees in the Medicaid prepaid health plan providing

24  behavioral health care services from facilities receiving

25  state funding to provide indigent behavioral health care, to

26  facilities licensed under chapter 395 which do not receive

27  state funding for indigent behavioral health care, or

28  reimburse the unsubsidized facility for the cost of behavioral

29  health care provided to the displaced indigent care patient.

30         5.  Traditional community mental health providers under

31  contract with the Department of Children and Family Services

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  1  Families pursuant to part IV of chapter 394 and inpatient

  2  mental health providers licensed pursuant to chapter 395 must

  3  be offered an opportunity to accept or decline a contract to

  4  participate in any provider network for prepaid behavioral

  5  health services.

  6

  7         Reviser's note.--Amended to conform to the

  8         official title of the department pursuant to s.

  9         20.19.

10

11         Section 56.  Subsection (1) of section 409.9122,

12  Florida Statutes, is reenacted to read:

13         409.9122  Mandatory Medicaid managed care enrollment;

14  programs and procedures.--

15         (1)  It is the intent of the Legislature that the

16  MediPass program be cost-effective, provide quality health

17  care, and improve access to health services, and that the

18  program be statewide.

19

20         Reviser's note.--Section 7, ch. 96-199, Laws of

21         Florida, amended the text of s. 409.9122,

22         including amendment to the language in

23         then-existing paragraph (1)(a). Paragraph

24         (1)(b) did not appear in text after the

25         amendment to paragraph (1)(a), but the entire

26         text of subsection (1) also appeared following

27         the text of newly created subsection (3),

28         struck-through as if it were to be deleted

29         except for the last sentence of then-existing

30         paragraph (1)(b) which became paragraph (4)(a).

31         Subsection (1) is reenacted to confirm that the

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  1         struck-through version of paragraph (1)(a)

  2         following the text of subsection (3) in the

  3         amendment to s. 409.9122 by s. 7, ch. 96-199,

  4         was not intended to repeal the paragraph.

  5

  6         Section 57.  Paragraphs (f) and (g) of subsection (1)

  7  of section 409.946, Florida Statutes, are amended to read:

  8         409.946  Inner City Redevelopment Review Panel.--In

  9  order to enhance public participation and involvement in the

10  redevelopment of inner-city areas, there is created within the

11  Office of Tourism, Trade, and Economic Development the Inner

12  City Redevelopment Review Panel.

13         (1)  The review panel shall consist of seven members

14  who represent different areas of the state, who are appointed

15  by the Director of the Office of Tourism, Trade, and Economic

16  Development, and who are qualified, through the demonstration

17  of special interest, experience, or education, in the

18  redevelopment of the state's inner-city areas, as follows:

19         (f)  One member must be affiliated with the Better

20  Jobs/Better Wages Council of Workforce Florida, Inc., if such

21  body is created. Otherwise, one member must be the president

22  and chief operating officer of the Florida Workforce

23  Development Board; and

24         (g)  One member must be affiliated with the First

25  Jobs/First Wages Council of Workforce Florida, Inc., if such

26  body is created. Otherwise, one member must be the Secretary

27  of Labor and Employment Security or the secretary's designee.

28

29         Reviser's note.--Paragraphs (1)(f) and (g) are

30         amended to delete provisions that have served

31         their purpose. The Better Jobs/Better Wages

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  1         Council and First Jobs/First Wages Council are

  2         provided for in s. 445.005. Paragraph (f) is

  3         further amended to conform to the official

  4         title of the council.

  5

  6         Section 58.  Paragraph (c) of subsection (9) of section

  7  411.01, Florida Statutes, is repealed.

  8

  9         Reviser's note.--Repealed to delete an obsolete

10         provision; the Partnership for School Readiness

11         was to present recommendations by February 15,

12         2000, to the Legislature for combining funding

13         streams for school readiness programs into a

14         School Readiness Trust Fund, which report was

15         submitted.

16

17         Section 59.  Subsection (6) of section 414.105, Florida

18  Statutes, is amended to read:

19         414.105  Time limitations of temporary cash

20  assistance.--Unless otherwise expressly provided in this

21  chapter, an applicant or current participant shall receive

22  temporary cash assistance for episodes of not more than 24

23  cumulative months in any consecutive 60-month period that

24  begins with the first month of participation and for not more

25  than a lifetime cumulative total of 48 months as an adult,

26  unless otherwise provided by law.

27         (6)  The department, in cooperation with Workforce

28  Florida, Inc., shall establish a procedure for approving

29  hardship exemptions and for reviewing hardship cases at least

30  once every 2 years. Regional workforce boards may assist in

31  making these determinations. The composition of any review

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  1  panel must generally reflect the racial, gender, and ethnic

  2  diversity of the community as a whole. Members of a review

  3  panel shall serve without compensation but are entitled to

  4  receive reimbursement for per diem and travel expenses as

  5  provided in s. 112.061 112.016.

  6

  7         Reviser's note.--Amended to conform to the

  8         correct citation of the referenced material; s.

  9         112.016 does not exist.

10

11         Section 60.  Subsection (1) of section 418.302, Florida

12  Statutes, is amended to read:

13         418.302  Governing body of mobile home park recreation

14  district.--

15         (1)  The governing body of a recreation district

16  created pursuant to s. 418.30 section 1 shall consist of a

17  nine-member board of trustees elected by the electors of the

18  district.  A person desiring to have her or his name placed on

19  the ballot for election as a trustee of the district shall be

20  a qualified elector of the district and shall present a

21  written petition, signed by the applicant and not fewer than

22  25 other electors of the district, to the supervisor of

23  elections of the county not less than 60 days prior to the

24  date of the election. The supervisor of elections shall be

25  entitled to a reasonable reimbursement for conducting the

26  election, payable out of the general funds of the district.

27

28         Reviser's note.--Amended to conform to the

29         correct citation of the referenced material; s.

30         418.30 provides for creation of mobile home

31         park recreation districts.

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  1         Section 61.  Section 420.506, Florida Statutes, is

  2  amended to read:

  3         420.506  Executive director; agents and employees.--The

  4  appointment and removal of an executive director shall be by

  5  the Secretary of Community Affairs, with the advice and

  6  consent of the corporation's board of directors.  The

  7  executive director shall employ legal and technical experts

  8  and such other agents and employees, permanent and temporary,

  9  as the corporation may require, and shall communicate with and

10  provide information to the Legislature with respect to the

11  corporation's activities.  The board is authorized,

12  notwithstanding the provisions of s. 216.262, to develop and

13  implement rules regarding the employment of employees of the

14  corporation and service providers, including legal counsel.

15  The corporation may hire any individual who, as of the

16  effective date of this act, is employed by the agency. The

17  corporation is authorized to enter into a lease agreement with

18  the Department of Management Services or the Department of

19  Community Affairs for the lease of state employees from such

20  entities, wherein an employee shall retain his or her status

21  as a state employee but shall work under the direct

22  supervision of the corporation, and shall retain the right to

23  participate in the Florida Retirement System. The board of

24  directors of the corporation is entitled to establish travel

25  procedures and guidelines for employees of the corporation.

26  The executive director's office and the corporation's files

27  and records must be located in Leon County.

28

29         Reviser's note.--Amended to delete a provision

30         that has served its purpose. The stricken text,

31         which was enacted by s. 9, ch. 97-167, Laws of

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  1         Florida, effective July 1, 1997, relates to the

  2         replacement of the Florida Housing Finance

  3         Agency by the Florida Housing Finance

  4         Corporation.

  5

  6         Section 62.  Paragraph (a) of subsection (22) of

  7  section 420.507, Florida Statutes, is amended to read:

  8         420.507  Powers of the corporation.--The corporation

  9  shall have all the powers necessary or convenient to carry out

10  and effectuate the purposes and provisions of this part,

11  including the following powers which are in addition to all

12  other powers granted by other provisions of this part:

13         (22)  To develop and administer the State Apartment

14  Incentive Loan Program. In developing and administering that

15  program, the corporation may:

16         (a)  Make first, second, and other subordinated

17  mortgage loans including variable or fixed rate loans subject

18  to contingent interest.  The corporation shall make loans

19  exceeding 25 percent of project cost available only to

20  nonprofit organizations and public bodies which are able to

21  secure grants, donations of land, or contributions from other

22  sources and to projects meeting the criteria of subparagraph

23  1. Mortgage loans shall be made available at the following

24  rates of interest:

25         1.  Zero to 3 percent interest for sponsors of projects

26  that maintain an 80 percent occupancy of residents qualifying

27  as farmworkers as defined in s. 420.503(18) 420.306(7) over

28  the life of the loan.

29         2.  Three to 9 percent interest for sponsors of

30  projects targeted at populations other than farmworkers.

31

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  1         Reviser's note.--Amended to conform to the

  2         current location of the referenced material; s.

  3         420.306(7) was repealed by s. 3, ch. 93-181,

  4         Laws of Florida, and s. 420.503(18) defines

  5         "farmworker."

  6

  7         Section 63.  Sections 421.37, 421.38, 421.39, 421.40,

  8  421.41, 421.42, 421.43, 421.44, and 421.45, Florida Statutes,

  9  are repealed.

10

11         Reviser's note.--The cited sections, relating

12         to defense housing during World War II, are

13         obsolete.

14

15         Section 64.  Subsection (2) of section 427.0159,

16  Florida Statutes, is repealed.

17

18         Reviser's note.--The cited subsection, enacted

19         by s. 21, ch. 2000-257, Laws of Florida,

20         provides for an allocation of funds by the

21         Department of Transportation, contingent on

22         S.B. 854 or similar legislation becoming law.

23         Neither of those contingencies occurred.

24

25         Section 65.  Paragraph (a) of subsection (3) of section

26  435.03, Florida Statutes, is amended to read:

27         435.03  Level 1 screening standards.--

28         (3)  Standards must also ensure that the person:

29         (a)  For employees and employers licensed or registered

30  pursuant to chapter 400, and for employees and employers of

31  developmental services institutions as defined in s. 393.063,

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  1  intermediate care facilities for the developmentally disabled

  2  as defined in s. 393.063, and mental health treatment

  3  facilities as defined in s. 394.455, meets the requirements of

  4  this chapter part II.

  5

  6         Reviser's note.--Amended to conform to the

  7         arrangement of chapter 435, which is not

  8         divided into parts.

  9

10         Section 66.  Subsection (2) of section 435.05, Florida

11  Statutes, is amended to read:

12         435.05  Requirements for covered employees.--Except as

13  otherwise provided by law, the following requirements shall

14  apply to covered employees:

15         (2)  Unless otherwise prohibited by state or federal

16  law, new employees may be placed on probationary status

17  pending a determination of compliance with minimum standards

18  set forth in this chapter part.

19

20         Reviser's note.--Amended to conform to the

21         arrangement of chapter 435, which is not

22         divided into parts.

23

24         Section 67.  Subsection (1) of section 435.07, Florida

25  Statutes, is amended to read:

26         435.07  Exemptions from disqualification.--Unless

27  otherwise provided by law, the provisions of this section

28  shall apply to exemptions from disqualification.

29         (1)  The appropriate licensing agency may grant to any

30  employee otherwise disqualified from employment an exemption

31  from disqualification for:

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  1         (a)  Felonies committed more than 3 years prior to the

  2  date of disqualification;

  3         (b)  Misdemeanors prohibited under any of the Florida

  4  Statutes cited in this chapter or under similar statutes of

  5  other jurisdictions;

  6         (c)  Offenses that were felonies when committed but are

  7  now misdemeanors;

  8         (d)  Findings of delinquency; or

  9         (e)  Commissions of acts of domestic violence as

10  defined in s. 741.30.

11

12  For the purposes of this subsection, the term "felonies" means

13  both felonies prohibited under any of the Florida Statutes

14  cited in this chapter part or under similar statutes of other

15  jurisdictions.

16

17         Reviser's note.--Amended to conform to the

18         arrangement of chapter 435, which is not

19         divided into parts.

20

21         Section 68.  Paragraph (c) of subsection (2) of section

22  440.15, Florida Statutes, is amended to read:

23         440.15  Compensation for disability.--Compensation for

24  disability shall be paid to the employee, subject to the

25  limits provided in s. 440.12(2), as follows:

26         (2)  TEMPORARY TOTAL DISABILITY.--

27         (c)  Temporary total disability benefits paid pursuant

28  to this subsection shall include such period as may be

29  reasonably necessary for training in the use of artificial

30  members and appliances, and shall include such period as the

31  employee may be receiving training and education under a

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  1  program pursuant to s. 440.491 440.49(1). Notwithstanding s.

  2  440.02(9), the date of maximum medical improvement for

  3  purposes of paragraph (3)(b) shall be no earlier than the last

  4  day for which such temporary disability benefits are paid.

  5

  6         Reviser's note.--Amended to conform to the

  7         current location of the referenced material.

  8         Section 440.49(1) was repealed by s. 43, ch.

  9         93-415, Laws of Florida, and s. 440.491,

10         created by s. 44, ch. 93-415, provides for

11         training and education.

12

13         Section 69.  Subsection (2) of section 440.381, Florida

14  Statutes, is amended to read:

15         440.381  Application for coverage; reporting payroll;

16  payroll audit procedures; penalties.--

17         (2)  The application must contain a statement that the

18  filing of an application containing false, misleading, or

19  incomplete information with the purpose of avoiding or

20  reducing the amount of premiums for workers' compensation

21  coverage is a felony of the third degree, punishable as

22  provided in s. 775.082, s. 775.083, or s. 775.084. The

23  application must contain a sworn statement by the employer

24  attesting to the accuracy of the information submitted and

25  acknowledging the provisions of former s. 440.37(4).

26

27         Reviser's note.--Amended to improve clarity and

28         facilitate correct interpretation. Section

29         440.37 was repealed by s. 109, ch. 93-415, Laws

30         of Florida.

31

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  1         Section 70.  Paragraph (e) of subsection (1) and

  2  paragraph (a) of subsection (2) of section 440.4416, Florida

  3  Statutes, are amended to read:

  4         440.4416  Workers' Compensation Oversight Board.--

  5         (1)  There is created within the Department of Labor

  6  and Employment Security the Workers' Compensation Oversight

  7  Board. The board shall be composed of the following members,

  8  each of whom has knowledge of, or experience with, the

  9  workers' compensation system:

10         (e)  The original appointments to the board shall be

11  made on or before January 1, 1994. Vacancies in the membership

12  of the board shall be filled in the same manner as the

13  original appointments. Except as to ex officio members of the

14  board, three appointees of the Governor, two appointees of the

15  President of the Senate, and two appointees of the Speaker of

16  the House of Representatives shall serve for terms of 2 years,

17  and the remaining appointees shall serve for terms of 4 years.

18  Thereafter, all members shall serve for terms of 4 years;

19  except that a vacancy shall be filled by appointment for the

20  remainder of the term. The board shall have an organizational

21  meeting on or before March 1, 1994, the time and place of such

22  meeting to be determined by the Governor.

23         (2)  POWERS AND DUTIES; ORGANIZATION.--

24         (a)  The board shall have all the powers necessary and

25  convenient to carry out and effectuate the purposes of this

26  section, including, but not limited to, the power to:

27         1.  Conduct public hearings.

28         2.  Report to the Legislature by January 1, 1995, as to

29  the feasibility of a return-to-work program that includes

30  incentives for employers who encourage such a program and

31  disincentives for employers who hinder such a program.

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  1         2.3.  Prescribe qualifications for board employees.

  2         3.4.  Appear on its own behalf before other boards,

  3  commissions, or agencies of the state or Federal Government.

  4         4.5.  Make and execute contracts to the extent that

  5  such contracts are consistent with duties and powers set forth

  6  in this section and elsewhere in the law of this state.

  7

  8         Reviser's note.--Amended to delete obsolete

  9         provisions.

10

11         Section 71.  Subsection (1) of section 443.1715,

12  Florida Statutes, is amended to read:

13         443.1715  Disclosure of information; confidentiality.--

14         (1)  RECORDS AND REPORTS.--Information revealing the

15  employing unit's or individual's identity obtained from the

16  employing unit or from any individual pursuant to the

17  administration of this chapter, and any determination

18  revealing such information, must, except to the extent

19  necessary for the proper presentation of a claim or upon

20  written authorization of the claimant who has a workers'

21  compensation claim pending, be held confidential and exempt

22  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

23  the State Constitution. Such information may be made available

24  only to public employees in the performance of their public

25  duties, including employees of the Department of Education in

26  obtaining information for the Florida Education and Training

27  Placement Information Program and the Office of Tourism,

28  Trade, and Economic Development Department of Commerce in its

29  administration of the qualified defense contractor tax refund

30  program authorized by s. 288.1045 288.104. Except as otherwise

31  provided by law, public employees receiving such information

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  1  must retain the confidentiality of such information. Any

  2  claimant, or the claimant's legal representative, at a hearing

  3  before an appeals referee or the commission shall be supplied

  4  with information from such records to the extent necessary for

  5  the proper presentation of her or his claim. Any employee or

  6  member of the commission or any employee of the division, or

  7  any other person receiving confidential information, who

  8  violates any provision of this subsection commits a

  9  misdemeanor of the second degree, punishable as provided in s.

10  775.082 or s. 775.083. However, the division may furnish to

11  any employer copies of any report previously submitted by such

12  employer, upon the request of such employer, and may furnish

13  to any claimant copies of any report previously submitted by

14  such claimant, upon the request of such claimant, and the

15  division is authorized to charge therefor such reasonable fee

16  as the division may by rule prescribe not to exceed the actual

17  reasonable cost of the preparation of such copies. Fees

18  received by the division for copies as provided in this

19  subsection must be deposited to the credit of the Employment

20  Security Administration Trust Fund.

21

22         Reviser's note.--Amended to conform to the

23         substitution of the Office of Tourism, Trade,

24         and Economic Development for the Department of

25         Commerce for purposes of s. 288.106 by s. 44,

26         ch. 96-320, Laws of Florida, and the repeal of

27         s. 288.104 by s. 8, ch. 96-348, Laws of

28         Florida, and the enactment of new s. 288.1045

29         governing the qualified defense contractor tax

30         refund program by s. 1, ch. 96-348.

31

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  1         Section 72.  Section 443.232, Florida Statutes, is

  2  amended to read:

  3         443.232  Rulemaking authority for ch. 92-38.--The

  4  Division of Unemployment Compensation of the Department of

  5  Labor and Employment Security is authorized to promulgate

  6  rules and adopt such forms as may be necessary for

  7  administration of ch. 92-38, Laws of Florida. The division is

  8  specifically authorized to adopt emergency rules for the

  9  implementation of the Florida Training Investment Program as

10  created by ch. 92-38, Laws of Florida. The Legislature finds

11  that said emergency rulemaking power is necessary for the

12  welfare of the people in order to provide additional funds to

13  benefit the public as quickly as practicable. Therefore, in

14  adopting such emergency rules, the division need not make the

15  findings required by s. 120.54(4)(a) 120.54(9)(a).

16  Notwithstanding any other provision of law, such emergency

17  rules shall remain effective for 12 months from the date of

18  adoption, or until replaced by other rules adopted under the

19  nonemergency rulemaking procedures of the Administrative

20  Procedure Act, whichever comes first.

21

22         Reviser's note.--Amended to conform to the

23         redesignation of material formerly in s.

24         120.54(9)(a) as s. 120.54(4)(a) by s. 10, ch.

25         96-159, Laws of Florida.

26

27         Section 73.  Paragraph (b) of subsection (6) of section

28  445.003, Florida Statutes, as amended by section 3 of chapter

29  2000-165, Laws of Florida, is reenacted to read:

30         445.003  Implementation of the federal Workforce

31  Investment Act of 1998.--

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  1         (6)  LONG-TERM CONSOLIDATION OF WORKFORCE

  2  DEVELOPMENT.--

  3         (b)  The Office of Program Policy Analysis and

  4  Government Accountability shall review the workforce

  5  development system, as established by this act. The office

  6  shall submit its final report and recommendations by December

  7  31, 2002, to the President of the Senate and the Speaker of

  8  the House of Representatives.

  9

10         Reviser's note.--Reenacted to confirm the

11         continued existence of the paragraph despite a

12         repeal by s. 46, ch. 2000-158, Laws of Florida,

13         a reviser's bill. Section 3, ch. 2000-165, Laws

14         of Florida, amended paragraph (6)(b) to require

15         submittal of a report and recommendations by

16         December 31, 2002; prior to amendment,

17         submittal of the report and recommendations was

18         required by January 31, 2000.

19

20         Section 74.  Paragraph (c) of subsection (7) of section

21  445.009, Florida Statutes, as amended by section 9 of chapter

22  2000-165, Laws of Florida, is reenacted to read:

23         445.009  One-stop delivery system.--

24         (7)

25         (c)  Workforce Florida, Inc., shall periodically review

26  Individual Training Account pricing schedules developed by

27  regional workforce boards and present findings and

28  recommendations for process improvement to the President of

29  the Senate and the Speaker of the House of Representatives.

30

31

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  1         Reviser's note.--Reenacted to confirm the

  2         continued existence of the paragraph despite a

  3         repeal by s. 45, ch. 2000-158, Laws of Florida,

  4         a reviser's bill. Section 9, ch. 2000-165, Laws

  5         of Florida, amended paragraph (8)(c),

  6         redesignated as paragraph (7)(c), to provide

  7         for periodic review of Individual Training

  8         Account pricing schedules and deleted the

  9         January 1, 2000, submittal date for findings

10         and recommendations for process improvement.

11

12         Section 75.  Paragraph (e) of subsection (3) of section

13  445.024, Florida Statutes, is amended to read:

14         445.024  Work requirements.--

15         (3)  EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The

16  following individuals are exempt from work activity

17  requirements:

18         (e)  An individual who is exempt from the time period

19  pursuant to s. 414.105 415.015.

20

21         Reviser's note.--Amended to conform to the

22         correct citation of the referenced material; s.

23         415.015 does not exist.

24

25         Section 76.  Paragraph (a) of subsection (2) and

26  paragraph (a) of subsection (3) of section 446.50, Florida

27  Statutes, are amended to read:

28         446.50  Displaced homemakers; multiservice programs;

29  report to the Legislature; Displaced Homemaker Trust Fund

30  created.--

31         (2)  DEFINITIONS.--For the purposes of this section:

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  1         (a)  "Displaced homemaker" means an individual who:

  2         1.  Is 35 years of age or older;

  3         2.  Has worked in the home, providing unpaid household

  4  services for family members;

  5         3.  Is not adequately employed, as defined by rule of

  6  the agency division;

  7         4.  Has had, or would have, difficulty in securing

  8  adequate employment; and

  9         5.  Has been dependent on the income of another family

10  member but is no longer supported by such income, or has been

11  dependent on federal assistance.

12         (3)  AGENCY POWERS AND DUTIES.--

13         (a)  The agency, under plans established by Workforce

14  Florida, Inc., shall establish, or contract for the

15  establishment of, programs for displaced homemakers which

16  shall include:

17         1.  Job counseling, by professionals and peers,

18  specifically designed for a person entering the job market

19  after a number of years as a homemaker.

20         2.  Job training and placement services, including:

21         a.  Training programs for available jobs in the public

22  and private sectors, taking into account the skills and job

23  experiences of a homemaker and developed by working with

24  public and private employers.

25         b.  Assistance in locating available employment for

26  displaced homemakers, some of whom could be employed in

27  existing job training and placement programs.

28         c.  Utilization of the services of the state employment

29  service in locating employment opportunities.

30         3.  Financial management services providing information

31  and assistance with respect to insurance, including, but not

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  1  limited to, life, health, home, and automobile insurance, and

  2  taxes, estate and probate problems, mortgages, loans, and

  3  other related financial matters.

  4         4.  Educational services, including high school

  5  equivalency degree and such other courses as the agency

  6  determines would be of interest and benefit to displaced

  7  homemakers.

  8         5.  Outreach and information services with respect to

  9  federal and state employment, education, health, and

10  unemployment assistance programs which the agency division

11  determines would be of interest and benefit to displaced

12  homemakers.

13

14         Reviser's note.--Amended to conform to the

15         substitution of the term "agency" for the term

16         "division" made elsewhere in the section by s.

17         126, ch. 2000-165, Laws of Florida.

18

19         Section 77.  Subsection (5) of section 456.025, Florida

20  Statutes, is amended to read:

21         456.025  Fees; receipts; disposition.--

22         (5)  All moneys collected by the department from fees

23  or fines or from costs awarded to the agency by a court shall

24  be paid into a trust fund used by the department to implement

25  this chapter. The Legislature shall appropriate funds from

26  this trust fund sufficient to carry out this chapter and the

27  provisions of law with respect to professions regulated by the

28  Division of Medical Quality Assurance within the department

29  and the boards. The department may contract with public and

30  private entities to receive and deposit revenue pursuant to

31  this section.  The department shall maintain separate accounts

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  1  in the trust fund used by the department to implement this

  2  chapter for every profession within the department.  To the

  3  maximum extent possible, the department shall directly charge

  4  all expenses to the account of each regulated profession.  For

  5  the purpose of this subsection, direct charge expenses

  6  include, but are not limited to, costs for investigations,

  7  examinations, and legal services.  For expenses that cannot be

  8  charged directly, the department shall provide for the

  9  proportionate allocation among the accounts of expenses

10  incurred by the department in the performance of its duties

11  with respect to each regulated profession. The regulation by

12  the department of professions, as defined in this chapter

13  part, shall be financed solely from revenue collected by it

14  from fees and other charges and deposited in the Medical

15  Quality Assurance Trust Fund, and all such revenue is hereby

16  appropriated to the department. However, it is legislative

17  intent that each profession shall operate within its

18  anticipated fees. The department may not expend funds from the

19  account of a profession to pay for the expenses incurred on

20  behalf of another profession, except that the Board of Nursing

21  must pay for any costs incurred in the regulation of certified

22  nursing assistants. The department shall maintain adequate

23  records to support its allocation of agency expenses.  The

24  department shall provide any board with reasonable access to

25  these records upon request.  The department shall provide each

26  board an annual report of revenue and direct and allocated

27  expenses related to the operation of that profession. The

28  board shall use these reports and the department's adopted

29  long-range plan to determine the amount of license fees.  A

30  condensed version of this information, with the department's

31

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  1  recommendations, shall be included in the annual report to the

  2  Legislature prepared under s. 456.026.

  3

  4         Reviser's note.--Amended to conform to the

  5         arrangement of chapter 456, which is not

  6         divided into parts.

  7

  8         Section 78.  Paragraph (a) of subsection (1) of section

  9  456.039, Florida Statutes, is amended to read:

10         456.039  Designated health care professionals;

11  information required for licensure.--

12         (1)  Each person who applies for initial licensure as a

13  physician under chapter 458, chapter 459, chapter 460, or

14  chapter 461, except a person applying for registration

15  pursuant to ss. 458.345 and 459.021, must, at the time of

16  application, and each physician who applies for license

17  renewal under chapter 458, chapter 459, chapter 460, or

18  chapter 461, except a person registered pursuant to ss.

19  458.345 and 459.021, must, in conjunction with the renewal of

20  such license and under procedures adopted by the Department of

21  Health, and in addition to any other information that may be

22  required from the applicant, furnish the following information

23  to the Department of Health:

24         (a)1.  The name of each medical school that the

25  applicant has attended, with the dates of attendance and the

26  date of graduation, and a description of all graduate medical

27  education completed by the applicant, excluding any coursework

28  taken to satisfy medical licensure continuing education

29  requirements.

30         2.  The name of each hospital at which the applicant

31  has privileges.

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  1         3.  The address at which the applicant will primarily

  2  conduct his or her practice.

  3         4.  Any certification that the applicant has received

  4  from a specialty board that is recognized by the board to

  5  which the applicant is applying.

  6         5.  The year that the applicant began practicing

  7  medicine.

  8         6.  Any appointment to the faculty of a medical school

  9  which the applicant currently holds and an indication as to

10  whether the applicant has had the responsibility for graduate

11  medical education within the most recent 10 years.

12         7.  A description of any criminal offense of which the

13  applicant has been found guilty, regardless of whether

14  adjudication of guilt was withheld, or to which the applicant

15  has pled guilty or nolo contendere.  A criminal offense

16  committed in another jurisdiction which would have been a

17  felony or misdemeanor if committed in this state must be

18  reported. If the applicant indicates that a criminal offense

19  is under appeal and submits a copy of the notice for appeal of

20  that criminal offense, the department must state that the

21  criminal offense is under appeal if the criminal offense is

22  reported in the applicant's profile. If the applicant

23  indicates to the department that a criminal offense is under

24  appeal, the applicant must, upon disposition of the appeal,

25  submit to the department a copy of the final written order of

26  disposition.

27         8.  A description of any final disciplinary action

28  taken within the previous 10 years against the applicant by

29  the agency regulating the profession that the applicant is or

30  has been licensed to practice, whether in this state or in any

31  other jurisdiction, by a specialty board that is recognized by

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  1  the American Board of Medical Specialties Specialities, the

  2  American Osteopathic Association, or a similar national

  3  organization, or by a licensed hospital, health maintenance

  4  organization, prepaid health clinic, ambulatory surgical

  5  center, or nursing home.  Disciplinary action includes

  6  resignation from or nonrenewal of medical staff membership or

  7  the restriction of privileges at a licensed hospital, health

  8  maintenance organization, prepaid health clinic, ambulatory

  9  surgical center, or nursing home taken in lieu of or in

10  settlement of a pending disciplinary case related to

11  competence or character. If the applicant indicates that the

12  disciplinary action is under appeal and submits a copy of the

13  document initiating an appeal of the disciplinary action, the

14  department must state that the disciplinary action is under

15  appeal if the disciplinary action is reported in the

16  applicant's profile.

17

18         Reviser's note.--Amended to conform to the

19         correct title of the board.

20

21         Section 79.  Paragraph (d) of subsection (2) and

22  subsections (6) and (7) of section 458.3135, Florida Statutes,

23  are amended to read:

24         458.3135  Temporary certificate for visiting physicians

25  to practice in approved cancer centers.--

26         (2)  A temporary certificate for practice in an

27  approved cancer center may be issued without examination to an

28  individual who:

29         (d)  Has not committed any act in this or any other

30  jurisdiction which would constitute the basis for disciplining

31  a physician under s. 456.072 455.624 or s. 458.331;

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  1         (6)  The board shall not issue a temporary certificate

  2  for practice in an approved cancer center to any physician who

  3  is under investigation in another jurisdiction for an act that

  4  would constitute a violation of this chapter or chapter 456

  5  455 until such time as the investigation is complete and the

  6  physician is found innocent of all charges.

  7         (7)  A physician applying under this section is exempt

  8  from the requirements of ss. 456.039-456.046 455.565-455.5656.

  9  All other provisions of chapters 456 455 and 458 apply.

10

11         Reviser's note.--Paragraph (2)(d) is amended to

12         conform to the redesignation of s. 455.624 as

13         s. 456.072 by s. 90, ch. 2000-160, Laws of

14         Florida. Subsections (6) and (7) are amended to

15         conform to the redesignation of sections

16         comprising part II of chapter 455 as chapter

17         456 by ch. 2000-160. Subsection (7) is further

18         amended to conform to the redesignation of ss.

19         455.565-455.5656 as ss. 456.039 and

20         456.041-456.046 by ss. 66-71, ch. 2000-160; and

21         the enactment of s. 455.56503, renumbered as s.

22         456.0391 by the reviser, by s. 152, ch.

23         2000-318, Laws of Florida.

24

25         Section 80.  Subsection (5) of section 458.319, Florida

26  Statutes, is amended to read:

27         458.319  Renewal of license.--

28         (5)(a)  Notwithstanding any provision of this chapter

29  or part II of chapter 456 455, the requirements for the

30  biennial renewal of the license of any licensee who is a

31  member of the Legislature shall stand continued and extended

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  1  without the requirement of any filing by such a licensee of

  2  any notice or application for renewal with the board or the

  3  department and such licensee's license shall be an active

  4  status license under this chapter, throughout the period that

  5  the licensee is a member of the Legislature and for a period

  6  of 60 days after the licensee ceases to be a member of the

  7  Legislature.

  8         (b)  At any time during the licensee's legislative term

  9  of office and during the period of 60 days after the licensee

10  ceases to be a member of the Legislature, the licensee may

11  file a completed renewal application that shall consist solely

12  of:

13         1.  A license renewal fee of $250 for each year the

14  licensee's license renewal has been continued and extended

15  pursuant to the terms of this subsection since the last

16  otherwise regularly scheduled biennial renewal year and each

17  year during which the renewed license shall be effective until

18  the next regularly scheduled biennial renewal date;

19         2.  Documentation of the completion by the licensee of

20  10 hours of continuing medical education credits for each year

21  from the effective date of the last renewed license for the

22  licensee until the year in which the application is filed;

23         3.  The information from the licensee expressly

24  required in s. 456.039(1)(a)1.-8. and (b), and (4)(a), (b),

25  and (c) 455.565(1)(a)1.-8. and (b), and (4)(a), (b), and (c).

26         (c)  The department and board may not impose any

27  additional requirements for the renewal of such licenses and,

28  not later than 20 days after receipt of a completed

29  application as specified in paragraph (b), shall renew the

30  active status license of the licensee, effective on and

31  retroactive to the last previous renewal date of the

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  1  licensee's license. Said license renewal shall be valid until

  2  the next regularly scheduled biennial renewal date for said

  3  license, and thereafter shall be subject to the biennial

  4  requirements for renewal in this chapter and part II of

  5  chapter 456 455.

  6

  7         Reviser's note.--Paragraphs (5)(a) and (c) are

  8         amended to conform to the redesignation of

  9         sections comprising part II of chapter 455 as

10         chapter 456 by ch. 2000-160, Laws of Florida.

11         Paragraph (5)(b) is amended to conform to the

12         redesignation of s. 455.565 as s. 456.039 by s.

13         66, ch. 2000-160.

14

15         Section 81.  Paragraph (c) of subsection (9) of section

16  460.403, Florida Statutes, is amended to read:

17         460.403  Definitions.--As used in this chapter, the

18  term:

19         (9)

20         (c)1.  Chiropractic physicians may adjust, manipulate,

21  or treat the human body by manual, mechanical, electrical, or

22  natural methods; by the use of physical means or

23  physiotherapy, including light, heat, water, or exercise; by

24  the use of acupuncture; or by the administration of foods,

25  food concentrates, food extracts, and items for which a

26  prescription is not required and may apply first aid and

27  hygiene, but chiropractic physicians are expressly prohibited

28  from prescribing or administering to any person any legend

29  drug except as authorized under subparagraph 2., from

30  performing any surgery except as stated herein, or from

31  practicing obstetrics.

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  1         2.  Notwithstanding the prohibition against prescribing

  2  and administering legend drugs under subparagraph 1., or s.

  3  499.0122 449.0122, pursuant to board rule chiropractic

  4  physicians may order, store, and administer, for emergency

  5  purposes only at the chiropractic physician's office or place

  6  of business, prescription medical oxygen and may also order,

  7  store, and administer the following topical anesthetics in

  8  aerosol form:

  9         a.  Any solution consisting of 25 percent ethylchloride

10  and 75 percent dichlorodifluoromethane.

11         b.  Any solution consisting of 15 percent

12  dichlorodifluoromethane and 85 percent

13  trichloromonofluoromethane.

14

15  However, this paragraph does not authorize a chiropractic

16  physician to prescribe medical oxygen as defined in chapter

17  499.

18

19         Reviser's note.--Amended to conform to the

20         correct citation of the referenced material; s.

21         449.0122 does not exist.

22

23         Section 82.  Section 464.0045, Florida Statutes, is

24  repealed.

25

26         Reviser's note.--The cited section authorizes

27         the Governor to appoint one or more new members

28         of the Board of Nursing added to the board

29         pursuant to ch. 96-274, Laws of Florida, for a

30         period of less than 4 years to achieve

31

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  1         staggered terms. Chapter 96-274 took effect May

  2         29, 1996.

  3

  4         Section 83.  Effective October 1, 2002, sections

  5  467.001, 467.002, 467.004, 467.011, 467.0125, 467.014,

  6  467.015, 467.016, 467.017, 467.201, 467.203, 467.205, and

  7  467.207, Florida Statutes, are reenacted to read:

  8         467.001  Short title.--This chapter shall be known and

  9  may be cited as the "Midwifery Practice Act."

10         467.002  Legislative intent.--The Legislature

11  recognizes the need for a person to have the freedom to choose

12  the manner, cost, and setting for giving birth. The

13  Legislature finds that access to prenatal care and delivery

14  services is limited by the inadequate number of providers of

15  such services and that the regulated practice of midwifery may

16  help to reduce this shortage.  The Legislature also recognizes

17  the need for the safe and effective delivery of newborn babies

18  and the health, safety, and welfare of their mothers in the

19  delivery process.  The Legislature finds that the interests of

20  public health require the regulation of the practice of

21  midwifery in this state for the purpose of protecting the

22  health and welfare of mothers and infants. Therefore, it is

23  unlawful for any person to practice midwifery in this state

24  unless such person is licensed pursuant to the provisions of

25  this chapter or s. 464.012.

26         467.004  Council of Licensed Midwifery.--

27         (1)  The Council of Licensed Midwifery is created

28  within the department and shall consist of nine members to be

29  appointed by the secretary.

30         (2)  One member of the council shall be a certified

31  nurse midwife. One member of the council shall be a physician

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  1  who is an obstetrician certified by the American Board of

  2  Obstetrics and Gynecology and one family physician certified

  3  by the American Board of Family Practice.  One member of the

  4  council shall be a physician who is a pediatrician certified

  5  by the American Board of Pediatrics. Four members of the

  6  council shall be licensed midwives. The one remaining member

  7  shall be a resident of this state who has never been a

  8  licensed midwife and who has no financial interest in the

  9  practice of midwifery or in any health care facility, agency,

10  or insurer.  The council members shall serve staggered 4-year

11  terms as determined by rule.

12         (3)  The council shall:

13         (a)  Assist and advise the department in developing

14  rules relating to: training requirements, including core

15  competencies, for persons training to become licensed

16  midwives; the licensure examination; fees; the informed

17  consent form; responsibilities of midwives; emergency care

18  plans; records and reports to be filed by licensed midwives;

19  and other regulatory requirements developed by the department.

20         (b)  Assist the department in developing rules to

21  implement s. 467.205, relating to approval of midwifery

22  training programs.

23         (c)  Monitor and inform the department on the practice

24  of midwifery in other states and countries by persons who are

25  not nurses.

26         (d)  Educate the public and other providers of

27  obstetrical care about the role of licensed midwives.

28         (e)  Collect and review data regarding licensed

29  midwifery.

30         (f)  Recommend changes in the Midwifery Practice Act to

31  the department and the Legislature.

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  1         (g)  Address concerns and problems of practicing

  2  licensed midwives in order to promote improved safety in the

  3  practice of midwifery.

  4         (4)  Members of the council shall serve without pay.

  5  The council members shall be entitled to reimbursement for per

  6  diem and travel expenses pursuant to s. 112.061.

  7         467.011  Licensure by examination.--

  8         (1)  The department shall administer an examination to

  9  test the proficiency of applicants in the core competencies

10  required to practice midwifery as specified in s. 467.009.

11         (2)  The department shall develop, publish, and make

12  available to interested parties at a reasonable cost a

13  bibliography and guide for the examination.

14         (3)  The department shall issue a license to practice

15  midwifery to an applicant who has graduated from an approved

16  midwifery program and successfully completed the examination,

17  upon payment of the required licensure fee.

18         467.0125  Licensure by endorsement.--

19         (1)  The department shall issue a license by

20  endorsement to practice midwifery to an applicant who, upon

21  applying to the department, demonstrates to the department

22  that she or he:

23         (a)1.  Holds a valid certificate or diploma from a

24  foreign institution of medicine or midwifery or from a

25  midwifery program offered in another state, bearing the seal

26  of the institution or otherwise authenticated, which renders

27  the individual eligible to practice midwifery in the country

28  or state in which it was issued, provided the requirements

29  therefor are deemed by the department to be substantially

30  equivalent to, or to exceed, those established under this

31  chapter and rules adopted under this chapter, and submits

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  1  therewith a certified translation of the foreign certificate

  2  or diploma; or

  3         2.  Holds a valid certificate or license to practice

  4  midwifery in another state, issued by that state, provided the

  5  requirements therefor are deemed by the department to be

  6  substantially equivalent to, or to exceed, those established

  7  under this chapter and rules adopted under this chapter.

  8         (b)  Has completed a 4-month prelicensure course

  9  conducted by an approved program and has submitted

10  documentation to the department of successful completion.  The

11  department shall determine by rule the content of the

12  prelicensure course.

13         (c)  Has successfully passed the licensed midwifery

14  examination.

15         (2)  The department may issue a temporary certificate

16  to practice in areas of critical need to any midwife who is

17  qualifying for licensure by endorsement under subsection (1),

18  with the following restrictions:

19         (a)  The Department of Health shall determine the areas

20  of critical need, and the midwife so certified shall practice

21  only in those specific areas, under the auspices of a

22  physician licensed pursuant to chapter 458 or chapter 459, a

23  certified nurse midwife licensed pursuant to part I of chapter

24  464, or a midwife licensed under this chapter, who has a

25  minimum of 3 years' professional experience. Such areas shall

26  include, but not be limited to, health professional shortage

27  areas designated by the United States Department of Health and

28  Human Services.

29         (b)  A temporary certificate issued under this section

30  shall be valid only as long as an area for which it is issued

31

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  1  remains an area of critical need, but no longer than 2 years,

  2  and shall not be renewable.

  3         (c)  The department may administer an abbreviated oral

  4  examination to determine the midwife's competency, but no

  5  written regular examination shall be necessary.

  6         (d)  The department shall not issue a temporary

  7  certificate to any midwife who is under investigation in

  8  another state for an act which would constitute a violation of

  9  this chapter until such time as the investigation is complete,

10  at which time the provisions of this section shall apply.

11         (e)  The department shall review the practice under a

12  temporary certificate at least annually to ascertain that the

13  minimum requirements of the midwifery rules promulgated under

14  this chapter are being met.  If is is determined that the

15  minimum requirements are not being met, the department shall

16  immediately revoke the temporary certificate.

17         (f)  The fee for a temporary certificate shall not

18  exceed $50 and shall be in addition to the fee required for

19  licensure.

20         467.014  Financial responsibility.--A licensed midwife

21  shall include in the informed consent plan presented to the

22  parents the status of the midwife's malpractice insurance,

23  including the amount of malpractice insurance, if any.

24         467.015  Responsibilities of the midwife.--

25         (1)  A midwife shall accept and provide care for only

26  those mothers who are expected to have a normal pregnancy,

27  labor, and delivery and shall ensure that the following

28  conditions are met:

29         (a)  The patient has signed an informed consent form

30  approved by the department pursuant to s. 467.016.

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  1         (b)  If the patient is delivering at home, the home is

  2  safe and hygienic and meets standards set forth by the

  3  department.

  4         (2)  A midwife may provide collaborative prenatal and

  5  postpartal care to pregnant women not at low risk in their

  6  pregnancy, labor, and delivery, within a written protocol of a

  7  physician currently licensed under chapter 458 or chapter 459,

  8  which physician shall maintain supervision for directing the

  9  specific course of medical treatment.  The department shall by

10  rule develop guidelines for the identification of high-risk

11  pregnancies.

12         (3)  A midwife licensed under this chapter may

13  administer prophylactic ophthalmic medication, oxygen,

14  postpartum oxytocin, vitamin K, rho immune globulin (human),

15  and local anesthetic pursuant to a prescription issued by a

16  practitioner licensed under chapter 458 or chapter 459, and

17  may administer such other medicinal drugs as prescribed by

18  such practitioner.  Any such prescription for medicinal drugs

19  shall be in a form that complies with chapter 499 and shall be

20  dispensed in a pharmacy permitted under chapter 465 by a

21  pharmacist licensed under chapter 465.

22         (4)  The care of mothers and infants throughout the

23  prenatal, intrapartal, and postpartal periods shall be in

24  conformity with rules adopted by the department pursuant to

25  this chapter and the public health laws of this state.

26         (5)  The midwife shall:

27         (a)  Prepare a written plan of action with the family

28  to ensure continuity of medical care throughout labor and

29  delivery and to provide for immediate medical care if an

30  emergency arises. The family should have specific plans for

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  1  medical care throughout the prenatal, intrapartal, and

  2  postpartal periods.

  3         (b)  Instruct the patient and family regarding the

  4  preparation of the environment and ensure availability of

  5  equipment and supplies needed for delivery and infant care, if

  6  a home birth is planned.

  7         (c)  Instruct the patient in the hygiene of pregnancy

  8  and nutrition as it relates to prenatal care.

  9         (d)  Maintain equipment and supplies in conformity with

10  the rules adopted pursuant to this chapter.

11         (6)  The midwife shall determine the progress of labor

12  and, when birth is imminent, shall be immediately available

13  until delivery is accomplished.  During labor and delivery,

14  the midwife shall comply with rules adopted by the department

15  pursuant to this chapter, which shall include rules that

16  govern:

17         (a)  Maintaining a safe and hygienic environment;

18         (b)  Monitoring the progress of labor and the status of

19  the fetus;

20         (c)  Recognizing early signs of distress or

21  complications; and

22         (d)  Enacting the written emergency plan when

23  indicated.

24         (7)(a)  The midwife shall remain with the postpartal

25  mother until the conditions of the mother and the neonate are

26  stabilized.

27         (b)  The midwife shall instill into each eye of the

28  newborn infant a prophylactic in accordance with s. 383.04.

29         467.016  Informed consent.--The department shall

30  develop a uniform client informed-consent form to be used by

31  the midwife to inform the client of the qualifications of a

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  1  licensed midwife and the nature and risk of the procedures to

  2  be used by a midwife and to obtain the client's consent for

  3  the provision of midwifery services.

  4         467.017  Emergency care plan; immunity.--

  5         (1)  Every licensed midwife shall develop a written

  6  plan for the appropriate delivery of emergency care.  A copy

  7  of the plan shall accompany any application for license

  8  issuance or renewal.  The plan shall address the following:

  9         (a)  Consultation with other health care providers.

10         (b)  Emergency transfer.

11         (c)  Access to neonatal intensive care units and

12  obstetrical units or other patient care areas.

13         (2)  Any physician licensed under chapter 458 or

14  chapter 459, or any certified nurse midwife, or any hospital

15  licensed under chapter 395, or any osteopathic hospital,

16  providing medical care or treatment to a woman or infant due

17  to an emergency arising during delivery or birth as a

18  consequence of the care received by a midwife licensed under

19  chapter 467 shall not be held liable for any civil damages as

20  a result of such medical care or treatment unless such damages

21  result from providing, or failing to provide, medical care or

22  treatment under circumstances demonstrating a reckless

23  disregard for the consequences so as to affect the life or

24  health of another.

25         467.201  Violations and penalties.--Each of the

26  following acts constitutes a felony of the third degree,

27  punishable as provided in s. 775.082, s. 775.083, or s.

28  775.084:

29         (1)  Practicing midwifery, unless holding an active

30  license to do so.

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  1         (2)  Using or attempting to use a license which has

  2  been suspended or revoked.

  3         (3)  The willful practice of midwifery by a student

  4  midwife without a preceptor present, except in an emergency.

  5         (4)  Knowingly allowing a student midwife to practice

  6  midwifery without a preceptor present, except in an emergency.

  7         (5)  Obtaining or attempting to obtain a license under

  8  this chapter through bribery or fraudulent misrepresentation.

  9         (6)  Using the name or title "midwife" or "licensed

10  midwife" or any other name or title which implies that a

11  person is licensed to practice midwifery, unless such person

12  is duly licensed as provided in this chapter.

13         (7)  Knowingly concealing information relating to the

14  enforcement of this chapter or rules adopted pursuant thereto.

15         467.203  Disciplinary actions; penalties.--

16         (1)  The following acts shall be grounds for

17  disciplinary action as set forth in this section:

18         (a)  Procuring, attempting to procure, or renewing a

19  license to practice midwifery by bribery, by fraudulent

20  misrepresentation, or through an error of the department.

21         (b)  Having a license to practice midwifery revoked,

22  suspended, or otherwise acted against, including being denied

23  licensure, by the licensing authority of another state,

24  territory, or country.

25         (c)  Being convicted or found guilty, regardless of

26  adjudication, in any jurisdiction of a crime which directly

27  relates to the practice of midwifery or to the ability to

28  practice midwifery.  A plea of nolo contendere shall be

29  considered a conviction for purposes of this provision.

30         (d)  Making or filing a false report or record, which

31  the licensee knows to be false; intentionally or negligently

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  1  failing to file a report or record required by state or

  2  federal law; or willfully impeding or obstructing such filing

  3  or inducing another to do so.  Such reports or records shall

  4  include only those which are signed in the midwife's capacity

  5  as a licensed midwife.

  6         (e)  Advertising falsely, misleadingly, or deceptively.

  7         (f)  Engaging in unprofessional conduct, which

  8  includes, but is not limited to, any departure from, or the

  9  failure to conform to, the standards of practice of midwifery

10  as established by the department, in which case actual injury

11  need not be established.

12         (g)  Being unable to practice midwifery with reasonable

13  skill and safety to patients by reason of illness;

14  drunkenness; or use of drugs, narcotics, chemicals, or other

15  materials or as a result of any mental or physical condition.

16  A midwife affected under this paragraph shall, at reasonable

17  intervals, be afforded an opportunity to demonstrate that he

18  or she can resume the competent practice of midwifery with

19  reasonable skill and safety.

20         (h)  Failing to report to the department any person who

21  the licensee knows is in violation of this chapter or of the

22  rules of the department.

23         (i)  Willfully or repeatedly violating any provision of

24  this chapter, any rule of the department, or any lawful order

25  of the department previously entered in a disciplinary

26  proceeding or failing to comply with a lawfully issued

27  subpoena of the department.

28         (2)  When the department finds any person guilty of any

29  of the grounds set forth in subsection (1), it may enter an

30  order imposing one or more of the following penalties:

31         (a)  Refusal to approve an application for licensure.

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  1         (b)  Revocation or suspension of a license.

  2         (c)  Imposition of an administrative fine not to exceed

  3  $1,000 for each count or separate offense.

  4         (d)  Issuance of a reprimand.

  5         (e)  Placement of the midwife on probation for such

  6  period of time and subject to such conditions as the

  7  department may specify, including requiring the midwife to

  8  submit to treatment; undertake further relevant education or

  9  training; take an examination; or work under the supervision

10  of another licensed midwife, a physician, or a nurse midwife

11  licensed under part I of chapter 464.

12         (3)  The department shall not reinstate the license of

13  a midwife, or cause a license to be issued to a person it has

14  deemed unqualified, until such time as it is satisfied that

15  such person has complied with all the terms and conditions set

16  forth in the final order and that such person is capable of

17  safely engaging in the practice of midwifery.

18         (4)  The department shall by rule establish guidelines

19  for the disposition of disciplinary cases involving specific

20  types of violations. Such guidelines may include minimum and

21  maximum fines, periods of suspension or probation, or

22  conditions of probation or reissuance of a license.

23         467.205  Approval of midwifery programs.--

24         (1)  An organization desiring to conduct an approved

25  program for the education of midwives shall apply to the

26  department and submit such evidence as may be required to show

27  that it complies with s. 467.009 and with the rules of the

28  department.  Any accredited or state-licensed institution of

29  higher learning, public or private, may provide midwifery

30  education and training.

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  1         (2)  The department shall adopt rules regarding

  2  educational objectives, faculty qualifications, curriculum

  3  guidelines, administrative procedures, and other training

  4  requirements as are necessary to ensure that approved programs

  5  graduate midwives competent to practice under this chapter.

  6         (3)  The department shall survey each organization

  7  applying for approval.  If the department is satisfied that

  8  the program meets the requirements of s. 467.009 and rules

  9  adopted pursuant to that section, it shall approve the

10  program.

11         (4)  The department shall, at least once every 3 years,

12  certify whether each approved midwifery program complies with

13  the standards developed under s. 467.009.

14         (5)  If the department finds that an approved program

15  no longer meets the required standards, it may place the

16  program on probationary status until such time as the

17  standards are restored. If a program fails to correct these

18  conditions within a specified period of time, the department

19  may rescind the approval.  Any program having its approval

20  rescinded shall have the right to reapply.

21         (6)  Provisional approval of a new program may be

22  granted pending the licensure results of the first graduating

23  class.

24         467.207  Exceptions.--No provision of this chapter

25  shall be construed to prohibit:

26         (1)  The practice of midwifery by students enrolled in

27  an approved midwifery training program.

28         (2)  The establishment of an independent practice by

29  one or more midwives for the purpose of rendering to patients

30  midwifery services within the scope of the midwife license.

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  1         (3)  Assistance by any person in the case of an

  2  emergency.

  3

  4         Reviser's note.--Reenacted to conform to the

  5         repeal of the s. 11.61 repeal of ss. 467.001,

  6         467.002, 467.004, 467.011, 467.0125,

  7         467.014-467.017, and 467.201-467.207 by s. 4,

  8         ch. 91-429, Laws of Florida, and the

  9         confirmation of that repeal by s. 33, ch.

10         96-318, Laws of Florida. Section 467.004 is

11         also reenacted to conform to the repeal of the

12         s. 11.611 review of the Council of Licensed

13         Midwifery as provided by s. 20, ch. 92-179,

14         Laws of Florida. Section 5, ch. 91-429,

15         repealed s. 11.611, and s. 33, ch. 96-318,

16         confirmed the repeal of s. 11.611.

17

18         Section 84.  Paragraph (b) of subsection (3) of section

19  468.354, Florida Statutes, as amended by section 178 of

20  chapter 99-397, Laws of Florida, is reenacted to read:

21         468.354  Board of Respiratory Care; organization;

22  function.--

23         (3)

24         (b)  To achieve staggering of terms, within 120 days

25  after July 1, 1999, the Governor shall appoint the board

26  members as follows:

27         1.  Two members shall be appointed for terms of 2

28  years.

29         2.  Two members shall be appointed for terms of 3

30  years.

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  1         3.  Three members shall be appointed for terms of 4

  2  years.

  3

  4         Reviser's note.--Reenacted to confirm the

  5         continued existence of the paragraph despite

  6         the repeal by s. 57, ch. 99-5, Laws of Florida,

  7         a reviser's bill. Section 178, ch. 99-397, Laws

  8         of Florida, amended paragraph (3)(b) to require

  9         that, in order to achieve staggered terms,

10         within 120 days after July 1, 1999, the

11         Governor appoint board members for terms of

12         office ranging from 2 to 4 years; prior to

13         amendment, the appointments were to be made

14         within 120 days after October 1, 1984.

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