House Bill hb0659er

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  1

  2         An act relating to the Florida Statutes;

  3         amending ss. 11.513, 17.26, 20.12, 20.315,

  4         20.3315, 20.50, 24.113, 39.0015, 39.202,

  5         39.3065, 55.209, 101.545, 110.112, 121.021,

  6         121.051, 125.0108, 163.065, 163.2517, 163.345,

  7         163.458, 166.231, 171.093, 186.504, 192.001,

  8         and 212.08, F.S.; renumbering s. 20.171(5)(c),

  9         F.S.; reenacting ss. 20.316(4)(f), 162.04(5),

10         and 212.055(2)(c), F.S.; and repealing ss.

11         20.331(6)(d), 121.091(9)(b)11., 122.20(2),

12         163.2520(3), and 210.20(2)(b), F.S., pursuant

13         to s. 11.242, F.S.; deleting provisions which

14         have expired, have become obsolete, have had

15         their effect, have served their purpose, or

16         have been impliedly repealed or superseded;

17         replacing incorrect cross-references and

18         citations; correcting grammatical,

19         typographical, and like errors; removing

20         inconsistencies, redundancies, and unnecessary

21         repetition in the statutes; improving the

22         clarity of the statutes and facilitating their

23         correct interpretation; and confirming the

24         restoration of provisions unintentionally

25         omitted from republication in the acts of the

26         Legislature during the amendatory process.

27

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

29

30         Section 1.  Subsections (1) and (7) of section 11.513,

31  Florida Statutes, are amended to read:


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  1         11.513  Program evaluation and justification review.--

  2         (1)  Each state agency shall be subject to a program

  3  evaluation and justification review by the Office of Program

  4  Policy Analysis and Government Accountability in accordance

  5  with the schedule provided in s. 216.0172 or as determined by

  6  the Legislative Auditing Committee. Each state agency shall

  7  offer its complete cooperation to the Office of Program Policy

  8  Analysis and Government Accountability so that such review may

  9  be accomplished.

10         (7)  Evaluation and justification reviews may include

11  consideration of programs provided by other agencies which are

12  integrally related to the programs administered by the state

13  agency or entity which is scheduled for review pursuant to s.

14  216.0172 or the schedule determined by the Legislative

15  Auditing Committee.

16

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

18         repeal of s. 216.0172 by s. 61, ch. 2000-371,

19         Laws of Florida.

20

21         Section 2.  Subsections (2) and (3) of section 17.26,

22  Florida Statutes, are amended to read:

23         17.26  Cancellation of state warrants not presented

24  within 1 year; 3-year limitation on payment of warrants not

25  presented for payment.--

26         (2)  Except as provided in paragraph (3)(a), The funds

27  represented by a warrant canceled under subsection (1) are

28  presumed abandoned by the payee or person entitled to the

29  warrant and shall be reported and remitted as unclaimed

30  property under s. 717.117, except that written notice to the

31  apparent owner of the unclaimed property is not required


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  1  before filing of the report. An action may not be commenced

  2  thereafter for recovery of funds represented by the warrant,

  3  except as provided by chapter 717. This subsection applies to

  4  all warrants issued on or after July 1, 1992.

  5         (3)  When a warrant canceled under subsection (1)

  6  represents funds that are in whole or in part derived from

  7  federal contributions and disposition of the funds under

  8  chapter 717 would cause a loss of the federal contributions,

  9  the Governor shall certify to the Comptroller that funds

10  represented by such warrants are for that reason exempt from

11  treatment as unclaimed property.

12         (a)  Obligations represented by warrants issued before

13  July 1, 1995, so certified are unenforceable after 3 years

14  from the last day of the month in which the warrant was

15  originally issued. When a payee or person entitled to a

16  warrant subject to this subsection requests payment, the

17  Comptroller may, within 3 years from the last day of the month

18  in which the warrant was originally issued, upon

19  investigation, issue a new warrant, to be paid out of the

20  proper fund in the State Treasury, provided the payee or other

21  person executes under oath the statement required by s. 17.13

22  or surrenders the canceled warrant.  There is appropriated a

23  sufficient amount for the payment of any new warrant issued to

24  replace a canceled warrant charged against an expired

25  appropriation or charged against a fund that is no longer

26  operative. An action may not be commenced thereafter on the

27  obligation.

28         (b)  Obligations represented by warrants issued on or

29  after July 1, 1995, so certified are unenforceable after 1

30  year from the last day of the month in which the warrant was

31  originally issued.  An action may not be commenced thereafter


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  1  on the obligation unless authorized by the federal program

  2  from which the original warrant was funded and unless payment

  3  of the obligation is authorized to be made from the current

  4  federal funding.  When a payee or person entitled to a warrant

  5  subject to this paragraph requests payment, and payment from

  6  current federal funding is authorized by the federal program

  7  from which the original warrant was funded, the Comptroller

  8  may, upon investigation, issue a new warrant to be paid out of

  9  the proper fund in the State Treasury, provided the payee or

10  other person executes under oath the statement required by s.

11  17.13 or surrenders the canceled warrant.

12

13         Reviser's note.--Amended to delete material

14         relating to obligations represented by warrants

15         issued before July 1, 1995, which were

16         unenforceable after 3 years from the last day

17         of the month in which the warrant was

18         originally issued. All warrants subject to

19         these provisions should have become

20         unenforceable by June 30, 1998.

21

22         Section 3.  Paragraph (a) of subsection (4) of section

23  20.12, Florida Statutes, is amended to read:

24         20.12  Department of Banking and Finance.--There is

25  created a Department of Banking and Finance.

26         (4)  There is created as a subunit within the

27  Department of Banking and Finance the Office of Financial

28  Investigations. The Office of Financial Investigations shall:

29         (a)  Function as a criminal justice agency within the

30  meaning of s. 943.045(10)(e) 943.045(10)(d); and

31


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

  2         redesignation of s. 943.045(10)(d) as s.

  3         943.045(10)(e) by s. 162, ch. 98-403, Laws of

  4         Florida.

  5

  6         Section 4.  Effective January 1, 2001, paragraph (c) of

  7  subsection (5) of section 20.171, Florida Statutes, is

  8  transferred and renumbered as paragraph (j) of subsection (3)

  9  of section 20.15, Florida Statutes.

10

11         Reviser's note.--Conforms to the transfer of

12         the Division of Blind Services from the

13         Department of Labor and Employment Security to

14         the Department of Education by s. 39, ch.

15         99-240, Laws of Florida, effective January 1,

16         2001.

17

18         Section 5.  Paragraph (b) of subsection (7) of section

19  20.315, Florida Statutes, is amended to read:

20         20.315  Department of Corrections.--There is created a

21  Department of Corrections.

22         (7)  DEPARTMENTAL BUDGETS.--

23         (b)  The department shall revise its budget entity

24  designations to conform to the budget entities designated by

25  the Executive Office of the Governor under s. 216.0235. The

26  department, consistent with chapter 216, may transfer, as

27  necessary, funds and positions among budget entities to

28  realign appropriations with the revised budget entity

29  designations.  Such authorized revisions must be consistent

30  with the intent of the approved operating budget. The

31  department shall periodically review the appropriateness of


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  1  the budget entity designations and the adequacy of its

  2  delegated authority to transfer funds between entities and

  3  submit the reviews to the Governor's Office of Planning and

  4  Budget.  To fulfill this responsibility, the secretary shall

  5  have the authority to review, amend, and approve the annual

  6  budget requests of all departmental activities.

  7

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

  9         repeal of s. 216.0235 by s. 61, ch. 2000-371,

10         Laws of Florida.

11

12         Section 6.  Paragraph (f) of subsection (4) of section

13  20.316, Florida Statutes, is reenacted to read:

14         20.316  Department of Juvenile Justice.--There is

15  created a Department of Juvenile Justice.

16         (4)  INFORMATION SYSTEMS.--

17         (f)  The department shall provide an annual report on

18  the juvenile justice information system to the Criminal and

19  Juvenile Justice Information Systems Council. The council

20  shall review and forward the report, along with its comments,

21  to the appropriate substantive and appropriations committees

22  of the House of Representatives and the Senate delineating the

23  development status of the system and other information

24  necessary for funding policy formulation.

25

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

27         continued existence of the paragraph despite a

28         repeal by s. 5, ch. 2000-158, Laws of Florida,

29         a reviser's bill. Prior to amendment by s. 1,

30         ch. 2000-135, Laws of Florida, the paragraph

31         required an annual report to the Joint


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  1         Information Technology Resources Committee,

  2         which no longer exists. The amendment of the

  3         paragraph by s. 1, ch. 2000-135, substituted a

  4         reference to the Criminal and Juvenile Justice

  5         Information Systems Council for the reference

  6         to the former Joint Information Technology

  7         Resources Committee and indicated an intent

  8         that the annual reports continue and go to the

  9         council.

10

11         Section 7.  Paragraph (d) of subsection (6) of section

12  20.331, Florida Statutes, is repealed.

13

14         Reviser's note.--The cited paragraph requires

15         submittal of a report on the development and

16         implementation of Fish and Wildlife

17         Conservation Commission due process provisions

18         by December 1, 1999.

19

20         Section 8.  Subsection (1) of section 20.3315, Florida

21  Statutes, is amended to read:

22         20.3315  Florida Forever Program Trust Fund of the

23  Florida Fish and Wildlife Conservation Commission.--

24         (1)  There is created a Florida Forever Program Trust

25  Fund within the Florida Fish and Wildlife Conservation

26  Commission to carry out the duties of the commission under the

27  Florida Forever Act as specified in s. 259.105(3)(g)

28  259.105(3)(f). The trust fund shall receive funds pursuant to

29  s. 259.105(3)(g) 259.105(3)(f).

30

31


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

  2         redesignation of s. 259.105(3)(f) as s.

  3         259.105(3)(g) by s. 11, ch. 2000-170, Laws of

  4         Florida.

  5

  6         Section 9.  Subsection (4) of section 20.50, Florida

  7  Statutes, is amended to read:

  8         20.50  Agency for Workforce Innovation.--There is

  9  created the Agency for Workforce Innovation within the

10  Department of Management Services. The agency shall be a

11  separate budget entity, and the director of the agency shall

12  be the agency head for all purposes. The agency shall not be

13  subject to control, supervision, or direction by the

14  Department of Management Services in any manner, including,

15  but not limited to, personnel, purchasing, transactions

16  involving real or personal property, and budgetary matters.

17         (4)  The Agency for Workforce Innovation shall provide

18  or contract for training for employees of administrative

19  entities and case managers of any contracted providers to

20  ensure they have the necessary competencies and skills to

21  provide adequate administrative oversight and delivery of the

22  full array of client services pursuant to s. 445.004(5)(b)

23  445.006(5)(f).  Training requirements include, but are not

24  limited to:

25         (a)  Minimum skills, knowledge, and abilities required

26  for each classification of program personnel utilized in the

27  regional workforce boards' service delivery plans.

28         (b)  Minimum requirements for development of a regional

29  workforce board supported personnel training plan to include

30  preservice and inservice components.

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  1         (c)  Specifications or criteria under which any

  2  regional workforce board may award bonus points or otherwise

  3  give preference to competitive service provider applications

  4  that provide minimum criteria for assuring competent case

  5  management, including, but not limited to, maximum caseload

  6  per case manager, current staff turnover rate, minimum

  7  educational or work experience requirements, and a

  8  differentiated compensation plan based on the competency

  9  levels of personnel.

10         (d)  Minimum skills, knowledge, and abilities required

11  for contract management, including budgeting, expenditure, and

12  performance information related to service delivery and

13  financial administration, monitoring, quality assurance and

14  improvement, and standards of conduct for employees of

15  regional workforce boards and administrative entities

16  specifically related to carrying out contracting

17  responsibilities.

18

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

20         facilitate correct interpretation. Section

21         445.006(5)(f) does not exist; s. 445.004(5)(b)

22         lists client services to be provided in welfare

23         transition programs.

24

25         Section 10.  Subsection (1) of section 24.113, Florida

26  Statutes, is amended to read:

27         24.113  Minority participation.--

28         (1)  It is the intent of the Legislature that the

29  department encourage participation by minority business

30  enterprises as defined in s. 288.703. Accordingly, 15 percent

31  of the retailers shall be minority business enterprises as


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  1  defined in s. 288.703(2); however, no more than 35 percent of

  2  such retailers shall be owned by the same type of minority

  3  person, as defined in s. 288.703(3). The department is

  4  encouraged to meet the minority business enterprise

  5  procurement goals set forth in s. 287.09451 287.0945 in the

  6  procurement of commodities, contractual services,

  7  construction, and architectural and engineering services. This

  8  section shall not preclude or prohibit a minority person from

  9  competing for any other retailing or vending agreement awarded

10  by the department.

11

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

13         repeal of s. 287.0945 by s. 27, ch. 96-320,

14         Laws of Florida, and the creation of s.

15         287.09451, which relates to the same subject

16         matter, by s. 28, ch. 96-320.

17

18         Section 11.  Paragraph (a) of subsection (5) of section

19  39.0015, Florida Statutes, is amended to read:

20         39.0015  Child abuse prevention training in the

21  district school system.--

22         (5)  PREVENTION TRAINING CENTERS; FUNCTIONS; SELECTION

23  PROCESS; MONITORING AND EVALUATION.--

24         (a)  Each training center shall perform the following

25  functions:

26         1.  Act as a clearinghouse to provide information on

27  prevention curricula which meet the requirements of this

28  section and the requirements of ss. 39.001, and 231.17, and

29  236.0811.

30

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  1         2.  Assist the local school district in selecting a

  2  prevention program model which meets the needs of the local

  3  community.

  4         3.  At the request of the local school district, design

  5  and administer training sessions to develop or expand local

  6  primary prevention and training programs.

  7         4.  Provide assistance to local school districts,

  8  including, but not limited to, all of the following:

  9  administration, management, program development, multicultural

10  staffing, and community education, in order to better meet the

11  requirements of this section and of ss. 39.001, and 231.17,

12  and 236.0811.

13         5.  At the request of the department or the local

14  school district, provide ongoing program development and

15  training to achieve all of the following:

16         a.  Meet the special needs of children, including, but

17  not limited to, the needs of disabled and high-risk children.

18         b.  Conduct an outreach program to inform the

19  surrounding communities of the existence of primary prevention

20  and training programs and of funds to conduct such programs.

21         6.  Serve as a resource to the Department of Children

22  and Family Services and its districts.

23

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

25         repeal of s. 236.0811 by s. 62, ch. 2000-301,

26         Laws of Florida.

27

28         Section 12.  Subsection (5) of section 39.202, Florida

29  Statutes, is amended to read:

30         39.202  Confidentiality of reports and records in cases

31  of child abuse or neglect.--


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  1         (5)  All records and reports of the child protection

  2  team of the Department of Health are confidential and exempt

  3  from the provisions of ss. 119.07(1) and 456.057 455.667, and

  4  shall not be disclosed, except, upon request, to the state

  5  attorney, law enforcement, the department, and necessary

  6  professionals, in furtherance of the treatment or additional

  7  evaluative needs of the child, by order of the court, or to

  8  health plan payors, limited to that information used for

  9  insurance reimbursement purposes.

10

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

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

13         79, ch. 2000-160, Laws of Florida.

14

15         Section 13.  Paragraph (c) of subsection (3) of section

16  39.3065, Florida Statutes, is amended to read:

17         39.3065  Sheriffs of certain counties to provide child

18  protective investigative services; procedures; funding.--

19         (3)

20         (c)  Funds for providing child protective

21  investigations must be identified in the annual appropriation

22  made to the Department of Children and Family Services, which

23  shall award grants for the full amount identified to the

24  respective sheriffs' offices. Notwithstanding the provisions

25  of ss. 216.181(16)(b) 216.181(15)(b) and 216.351, the

26  Department of Children and Family Services may advance

27  payments to the sheriffs for child protective investigations.

28  Funds for the child protective investigations may not be

29  integrated into the sheriffs' regular budgets. Budgetary data

30  and other data relating to the performance of child protective

31  investigations must be maintained separately from all other


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  1  records of the sheriffs' offices and reported to the

  2  Department of Children and Family Services as specified in the

  3  grant agreement.

  4

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

  6         redesignation of s. 216.181(15)(b) as s.

  7         216.181(16)(b) by s. 23, ch. 2000-371, Laws of

  8         Florida.

  9

10         Section 14.  Subsection (1) of section 55.209, Florida

11  Statutes, is amended to read:

12         55.209  Department of State; processing fees,

13  responsibilities.--

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

15  electronically by a state agency or a political subdivision of

16  the state, as provided in s. 55.202(5) 55.202(6), the

17  Department of State shall collect the following nonrefundable

18  processing fees for all documents filed or recorded in

19  accordance with ss. 55.201-55.209:

20         (a)  For any judgment lien certificate or other

21  documents permitted to be filed, $20.

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

23  $10.

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

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

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

27  provided in an on-line electronic format via the Internet.

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

29  debtor names, $5 per additional name.

30

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

  2  judgment lien certificate or document permitted to be filed or

  3  recorded, $5.

  4

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

  6         error and facilitate correct interpretation.

  7         Section 55.202 does not have a subsection (6);

  8         s. 55.202(5) relates to liens, assessments, or

  9         judgments administered by or secured on behalf

10         of a state agency or political subdivision of

11         the state.

12

13         Section 15.  Section 101.545, Florida Statutes, is

14  amended to read:

15         101.545  Retention and destruction of certain election

16  materials.--All ballots, forms, and other election materials

17  shall be retained in the custody of the supervisor of

18  elections in accordance with the schedule approved by the

19  Division of Library and Information Services Division of

20  Archives and History of the Department of State.  All unused

21  ballots, forms, and other election materials may, with the

22  approval of the Department of State, be destroyed by the

23  supervisor after the election for which such ballots, forms,

24  or other election materials were to be used.

25

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

27         transfer of duties relating to records

28         management to the Division of Library and

29         Information Services by s. 4, ch. 86-163, Laws

30         of Florida.

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  1         Section 16.  Subsection (5) of section 110.112, Florida

  2  Statutes, is amended to read:

  3         110.112  Affirmative action; equal employment

  4  opportunity.--

  5         (5)  Any individual claiming to be aggrieved by an

  6  unlawful employment practice may file a complaint with the

  7  Florida Commission on Human Relations as provided by s. 760.11

  8  760.10(10).

  9

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

11         repeal of former s. 760.10(10) by s. 7, ch.

12         92-177, Laws of Florida, and the enactment of

13         s. 760.11, which relates to similar subject

14         matter, by s. 8, ch. 92-177.

15

16         Section 17.  Paragraph (a) of subsection (52) and

17  paragraph (a) of subsection (53) of section 121.021, Florida

18  Statutes, are amended to read:

19         121.021  Definitions.--The following words and phrases

20  as used in this chapter have the respective meanings set forth

21  unless a different meaning is plainly required by the context:

22         (52)  "Regularly established position" is defined as

23  follows:

24         (a)  In a state agency, the term means a position which

25  is authorized and established pursuant to law and is

26  compensated from a salaries appropriation pursuant to s.

27  216.011(1)(dd) 216.011(1)(z)1. and 2., or an established

28  position which is authorized pursuant to s. 216.262(1)(a) and

29  (b) and is compensated from a salaries account as provided by

30  rule.

31         (53)  "Temporary position" is defined as follows:


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  1         (a)  In a state agency, the term means an employment

  2  position which is compensated from an other personal services

  3  (OPS) account, as provided for in s. 216.011(1)(dd)

  4  216.011(1)(z).

  5

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

  7         redesignation of subunits within s. 216.011 by

  8         s. 1, ch. 2000-371, Laws of Florida.

  9

10         Section 18.  Subsection (8) of section 121.051, Florida

11  Statutes, is amended to read:

12         121.051  Participation in the system.--

13         (8)  DIVISION OF REHABILITATION AND LIQUIDATION

14  EMPLOYEES MEMBERSHIP.--Effective July 1, 1994, the regular

15  receivership employees of the Division of Rehabilitation and

16  Liquidation who are assigned to established positions and are

17  subject to established rules and regulations regarding

18  discipline, pay, classification, and time and attendance are

19  hereby declared to be state employees within the meaning of

20  this chapter and shall be compulsory members in compliance

21  with this chapter, the provisions of s. 216.011(1)(dd)2.

22  216.011(1)(z)2., notwithstanding. Employment performed before

23  July 1, 1994, as such a receivership employee may be claimed

24  as creditable retirement service upon payment by the employee

25  or employer of contributions required in s. 121.081(1), as

26  applicable for the period claimed.

27

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

29         redesignation of subunits within s. 216.011 by

30         s. 1, ch. 2000-371, Laws of Florida.

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  1         Section 19.  Subparagraph 11. of paragraph (b) of

  2  subsection (9) of section 121.091, Florida Statutes, is

  3  repealed.

  4

  5         Reviser's note.--The cited subparagraph

  6         authorizes reemployment of retirees without

  7         suspension of retirement benefits for persons

  8         who worked solely on Year 2000 date problems

  9         for computers from July 1, 1997, through

10         December 31, 1998.

11

12         Section 20.  Subsection (2) of section 122.20, Florida

13  Statutes, is repealed.

14

15         Reviser's note.--The cited subsection, which

16         relates to a privilege of rejection for blind

17         vending-stand operators employed on June 15,

18         1953, which rejection was required to be filed

19         within 60 days from June 15, 1953, has served

20         its purpose.

21

22         Section 21.  Paragraph (d) of subsection (2) of section

23  125.0108, Florida Statutes, is amended to read:

24         125.0108  Areas of critical state concern; tourist

25  impact tax.--

26         (2)

27         (d)  The Department of Revenue, under the applicable

28  rules of the Career Service Commission, is authorized to

29  employ persons and incur other expenses for which funds are

30  appropriated by the Legislature.

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  1         Reviser's note.--Amended to delete language

  2         that has served its purpose. The Career Service

  3         Commission was repealed by s. 87, ch. 86-163,

  4         Laws of Florida.

  5

  6         Section 22.  Subsection (5) of section 162.04, Florida

  7  Statutes, is reenacted to read:

  8         162.04  Definitions.--As used in ss. 162.01-162.13, the

  9  term:

10         (5)  "Repeat violation" means a violation of a

11  provision of a code or ordinance by a person who has been

12  previously found through a code enforcement board or any other

13  quasi-judicial or judicial process, to have violated or who

14  has admitted violating the same provision within 5 years prior

15  to the violation, notwithstanding the violations occur at

16  different locations.

17

18         Reviser's note.--Section 3, ch. 99-360, Laws of

19         Florida, purported to amend subsection (5), but

20         failed to republish the catchline and

21         introductory paragraph to the section. In the

22         absence of affirmative evidence that the

23         Legislature intended to repeal this material,

24         it is reenacted here to confirm that the

25         omission was not intended.

26

27         Section 23.  Paragraph (b) of subsection (4) of section

28  163.065, Florida Statutes, is amended to read:

29         163.065  Miami River Improvement Act.--

30

31


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  1         (4)  PLAN.--The Miami River Commission, working with

  2  the City of Miami and Miami-Dade County, shall consider the

  3  merits of the following:

  4         (b)  Development of a greenway/riverwalk and blueway,

  5  where appropriate, as authorized in s. 260.011 260.101, to

  6  provide an attractive and safe connector system of bicycle,

  7  pedestrian, and transit routes and water taxis to link jobs,

  8  waterfront amenities, and people, and contribute to the

  9  comprehensive revitalization of the Miami River.

10

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

12         error. Section 260.101 does not exist. Section

13         260.011 provides the short title for the

14         Florida Greenways and Trails Act.

15

16         Section 24.  Paragraph (j) of subsection (3) of section

17  163.2517, Florida Statutes, is amended to read:

18         163.2517  Designation of urban infill and redevelopment

19  area.--

20         (3)  A local government seeking to designate a

21  geographic area within its jurisdiction as an urban infill and

22  redevelopment area shall prepare a plan that describes the

23  infill and redevelopment objectives of the local government

24  within the proposed area. In lieu of preparing a new plan, the

25  local government may demonstrate that an existing plan or

26  combination of plans associated with a community redevelopment

27  area, Florida Main Street program, Front Porch Florida

28  Community, sustainable community, enterprise zone, or

29  neighborhood improvement district includes the factors listed

30  in paragraphs (a)-(n), including a collaborative and holistic

31  community participation process, or amend such existing plans


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  1  to include these factors. The plan shall demonstrate the local

  2  government and community's commitment to comprehensively

  3  address the urban problems within the urban infill and

  4  redevelopment area and identify activities and programs to

  5  accomplish locally identified goals such as code enforcement;

  6  improved educational opportunities; reduction in crime;

  7  neighborhood revitalization and preservation; provision of

  8  infrastructure needs, including mass transit and multimodal

  9  linkages; and mixed-use planning to promote multifunctional

10  redevelopment to improve both the residential and commercial

11  quality of life in the area. The plan shall also:

12         (j)  Identify and adopt a package of financial and

13  local government incentives which the local government will

14  offer for new development, expansion of existing development,

15  and redevelopment within the urban infill and redevelopment

16  area. Examples of such incentives include:

17         1.  Waiver of license and permit fees.

18         2.  Exemption of sales made in the urban infill and

19  redevelopment area from local option sales surtaxes imposed

20  pursuant to s. 212.055 212.054.

21         3.  Waiver of delinquent local taxes or fees to promote

22  the return of property to productive use.

23         4.  Expedited permitting.

24         5.  Lower transportation impact fees for development

25  which encourages more use of public transit, pedestrian, and

26  bicycle modes of transportation.

27         6.  Prioritization of infrastructure spending within

28  the urban infill and redevelopment area.

29         7.  Local government absorption of developers'

30  concurrency costs.

31


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  1  In order to be authorized to recognize the exemption from

  2  local option sales surtaxes pursuant to subparagraph 2., the

  3  owner, lessee, or lessor of the new development, expanding

  4  existing development, or redevelopment within the urban infill

  5  and redevelopment area must file an application under oath

  6  with the governing body having jurisdiction over the urban

  7  infill and redevelopment area where the business is located.

  8  The application must include the name and address of the

  9  business claiming the exclusion from collecting local option

10  surtaxes; an address and assessment roll parcel number of the

11  urban infill and redevelopment area for which the exemption is

12  being sought; a description of the improvements made to

13  accomplish the new development, expanding development, or

14  redevelopment of the real property; a copy of the building

15  permit application or the building permit issued for the

16  development of the real property; a new application for a

17  certificate of registration with the Department of Revenue

18  with the address of the new development, expanding

19  development, or redevelopment; and the location of the

20  property. The local government must review and approve the

21  application and submit the completed application and

22  documentation along with a copy of the ordinance adopted

23  pursuant to subsection (5) to the Department of Revenue in

24  order for the business to become eligible to make sales exempt

25  from local option sales surtaxes in the urban infill and

26  redevelopment area.

27

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

29         facilitate correct interpretation. Section

30         212.055 provides for imposition of local option

31


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  1         surtaxes, while s. 212.054 provides for

  2         administration of such taxes.

  3

  4         Section 25.  Subsection (3) of section 163.2520,

  5  Florida Statutes, is repealed.

  6

  7         Reviser's note.--The cited subsection requires

  8         specified state agencies to report to the

  9         President of the Senate and the Speaker of the

10         House of Representatives by January 1, 2000,

11         regarding statutory and rule changes necessary

12         to give urban infill and redevelopment areas

13         identified by local governments an elevated

14         priority in specified infrastructure programs.

15

16         Section 26.  Subsection (2) of section 163.345, Florida

17  Statutes, is amended to read:

18         163.345  Encouragement of private enterprise.--

19         (2)  In giving consideration to the objectives outlined

20  in subsection (1), the county or municipality shall consider

21  making available the incentives provided under the Florida

22  Enterprise Zone Act of 1994 and chapter 420.

23

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

25         title of the act provided in s. 290.001.

26

27         Section 27.  Section 163.458, Florida Statutes, is

28  amended to read:

29         163.458  Three-tiered plan.--The Department of

30  Community Affairs is authorized to award core administrative

31  and operating grants.  Administrative and operating grants


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  1  shall be used for staff salaries and administrative expenses

  2  for eligible community-based development organizations

  3  selected through a competitive three-tiered process for the

  4  purpose of housing and economic development projects.  The

  5  department shall adopt by rule a set of criteria for

  6  three-tiered funding that shall ensure equitable geographic

  7  distribution of the funding throughout the state. This

  8  three-tiered plan shall include emerging, intermediate, and

  9  mature community-based development organizations recognizing

10  the varying needs of the three tiers.  Funding shall be

11  provided for core administrative and operating grants for all

12  levels of community-based development organizations.  Priority

13  shall be given to those organizations that demonstrate

14  community-based productivity and high performance as evidenced

15  by past projects developed with stakeholder input that have

16  responded to neighborhood needs, and have current projects

17  located in high-poverty neighborhoods, and to emerging

18  community-based development corporations that demonstrate a

19  positive need identified by stakeholders. Persons, equipment,

20  supplies, and other resources funded in whole or in part by

21  grant funds shall be utilized to further the purposes of this

22  act, and may be utilized to further the goals and objectives

23  of the Front Porch Florida Initiative. The one-time

24  appropriation provided in ch. 2000-351, Laws of Florida, shall

25  be distributed by the Department of Community Affairs, to be

26  used in a constructive manner by community-based development

27  organizations across the state. Thereafter, Each

28  community-based development organization shall be eligible to

29  apply for a grant of up to $50,000 per year for a period of 5

30  years.

31


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  1         Reviser's note.--Amended to delete a reference

  2         to a one-time appropriation contained in ch.

  3         2000-351, Laws of Florida, which was vetoed by

  4         the Governor.

  5

  6         Section 28.  Paragraph (c) of subsection (1) of section

  7  166.231, Florida Statutes, is amended to read:

  8         166.231  Municipalities; public service tax.--

  9         (1)

10         (c)  The tax in paragraph (a) on water service may be

11  applied outside municipal boundaries to property included in a

12  development of regional impact approved pursuant to s. 380.06,

13  if agreed to in writing by the developer development of such

14  property and the municipality prior to March 31, 2000. If a

15  tax levied pursuant to the subsection is challenged, recovery,

16  if any, shall be limited to moneys paid into an escrow account

17  of the clerk of the court subsequent to such challenge.

18

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

20         facilitate correct interpretation.

21

22         Section 29.  Paragraph (b) of subsection (4) of section

23  171.093, Florida Statutes, is amended to read:

24         171.093  Municipal annexation within independent

25  special districts.--

26         (4)

27         (b)  By the end of the 4-year period, or any extension

28  mutually agreed upon by the district and the municipality, the

29  municipality and the district shall enter into an agreement

30  that identifies the existing district property located in the

31  municipality or primarily serving the municipality that will


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  1  be assumed by the municipality, the fair market value of such

  2  property, and the manner of transfer of such property and any

  3  associated indebtedness. If the municipality and district are

  4  unable to agree to an equitable distribution of the district's

  5  property and indebtedness, the matter shall proceed to circuit

  6  court. In equitably distributing the district's property and

  7  associated indebtedness, the taxes and other revenues paid the

  8  district by or on behalf of the residents of the annexed area

  9  shall be taken into consideration.

10

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

12         to facilitate correct interpretation.

13

14         Section 30.  Subsection (6) of section 186.504, Florida

15  Statutes, is amended to read:

16         186.504  Regional planning councils; creation;

17  membership.--

18         (6)  The existing regional planning council in each of

19  the several comprehensive planning districts shall be

20  designated as the regional planning council specified under

21  subsections (1)-(5) subsections (1)-(4), provided the council

22  agrees to meet the membership criteria specified therein and

23  is a regional planning council organized under either s.

24  163.01 or s. 163.02 or ss. 186.501-186.515 chapter 160.

25

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

27         redesignation of subsections of s. 186.504 by

28         s. 29, ch. 93-206, Laws of Florida, and the

29         renumbering of sections comprising chapter 160

30         as ss. 186.501-186.515 by the reviser incident

31


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  1         to compiling the 1984 Supplement to the 1983

  2         Florida Statutes.

  3

  4         Section 31.  Section 192.001, Florida Statutes, is

  5  amended to read:

  6         192.001  Definitions.--All definitions set out in

  7  chapters 1 and 200 that are applicable to this chapter part

  8  are included herein.  In addition, the following definitions

  9  shall apply in the imposition of ad valorem taxes:

10         (1)  "Ad valorem tax" means a tax based upon the

11  assessed value of property.  The term "property tax" may be

12  used interchangeably with the term "ad valorem tax."

13         (2)  "Assessed value of property" means an annual

14  determination of the just or fair market value of an item or

15  property or the value of the homestead property as limited

16  pursuant to s. 4(c), Art. VII of the State Constitution or, if

17  a property is assessed solely on the basis of character or use

18  or at a specified percentage of its value, pursuant to s. 4(a)

19  or (b), Art. VII of the State Constitution, its classified use

20  value or fractional value.

21         (3)  "County property appraiser" means the county

22  officer charged with determining the value of all property

23  within the county, with maintaining certain records connected

24  therewith, and with determining the tax on taxable property

25  after taxes have been levied.  He or she shall also be

26  referred to in these statutes as the "property appraiser" or

27  "appraiser."

28         (4)  "County tax collector" means the county officer

29  charged with the collection of ad valorem taxes levied by the

30  county, the school board, any special taxing districts within

31  the county, and all municipalities within the county.


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  1         (5)  "Department," unless otherwise designated, means

  2  the Department of Revenue.

  3         (6)  "Extend on the tax roll" means the arithmetic

  4  computation whereby the millage is converted to a decimal

  5  number representing one one-thousandth of a dollar and then

  6  multiplied by the taxable value of the property to determine

  7  the tax on such property.

  8         (7)  "Governing body" means any board, commission,

  9  council, or individual acting as the executive head of a unit

10  of local government.

11         (8)  "Homestead" means that property described in s.

12  6(a), Art. VII of the State Constitution.

13         (9)  "Levy" means the imposition of a tax, stated in

14  terms of "millage," against all appropriately located property

15  by a governmental body authorized by law to impose ad valorem

16  taxes.

17         (10)  "Mill" means one one-thousandth of a United

18  States dollar.  "Millage" may apply to a single levy of taxes

19  or to the cumulative of all levies.

20         (11)  "Personal property," for the purposes of ad

21  valorem taxation, shall be divided into four categories as

22  follows:

23         (a)  "Household goods" means wearing apparel,

24  furniture, appliances, and other items ordinarily found in the

25  home and used for the comfort of the owner and his or her

26  family. Household goods are not held for commercial purposes

27  or resale.

28         (b)  "Intangible personal property" means money, all

29  evidences of debt owed to the taxpayer, all evidences of

30  ownership in a corporation or other business organization

31  having multiple owners, and all other forms of property where


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  1  value is based upon that which the property represents rather

  2  than its own intrinsic value.

  3         (c)  "Inventory" means only those chattels consisting

  4  of items commonly referred to as goods, wares, and merchandise

  5  (as well as inventory) which are held for sale or lease to

  6  customers in the ordinary course of business.  Supplies and

  7  raw materials shall be considered to be inventory only to the

  8  extent that they are acquired for sale or lease to customers

  9  in the ordinary course of business or will physically become a

10  part of merchandise intended for sale or lease to customers in

11  the ordinary course of business. Partially finished products

12  which when completed will be held for sale or lease to

13  customers in the ordinary course of business shall be deemed

14  items of inventory. All livestock shall be considered

15  inventory.  Items of inventory held for lease to customers in

16  the ordinary course of business, rather than for sale, shall

17  be deemed inventory only prior to the initial lease of such

18  items.  For the purposes of this section, fuels used in the

19  production of electricity shall be considered inventory.

20         (d)  "Tangible personal property" means all goods,

21  chattels, and other articles of value (but does not include

22  the vehicular items enumerated in s. 1(b), Art. VII of the

23  State Constitution and elsewhere defined) capable of manual

24  possession and whose chief value is intrinsic to the article

25  itself. "Construction work in progress" consists of those

26  items of tangible personal property commonly known as

27  fixtures, machinery, and equipment when in the process of

28  being installed in new or expanded improvements to real

29  property and whose value is materially enhanced upon

30  connection or use with a preexisting, taxable, operational

31  system or facility.  Construction work in progress shall be


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  1  deemed substantially completed when connected with the

  2  preexisting, taxable, operational system or facility.

  3  Inventory and household goods are expressly excluded from this

  4  definition.

  5         (12)  "Real property" means land, buildings, fixtures,

  6  and all other improvements to land.  The terms "land," "real

  7  estate," "realty," and "real property" may be used

  8  interchangeably.

  9         (13)  "Taxpayer" means the person or other legal entity

10  in whose name property is assessed, including an agent of a

11  timeshare period titleholder.

12         (14)  "Fee timeshare real property" means the land and

13  buildings and other improvements to land that are subject to

14  timeshare interests which are sold as a fee interest in real

15  property.

16         (15)  "Timeshare period titleholder" means the

17  purchaser of a timeshare period sold as a fee interest in real

18  property, whether organized under chapter 718 or chapter 721.

19         (16)  "Taxable value" means the assessed value of

20  property minus the amount of any applicable exemption provided

21  under s. 3 or s. 6, Art. VII of the State Constitution and

22  chapter 196.

23         (17)  "Floating structure" means a floating barge-like

24  entity, with or without accommodations built thereon, which is

25  not primarily used as a means of transportation on water but

26  which serves purposes or provides services typically

27  associated with a structure or other improvement to real

28  property. The term "floating structure" includes, but is not

29  limited to, each entity used as a residence, place of

30  business, office, hotel or motel, restaurant or lounge,

31  clubhouse, meeting facility, storage or parking facility,


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  1  mining platform, dredge, dragline, or similar facility or

  2  entity represented as such. Floating structures are expressly

  3  excluded from the definition of the term "vessel" provided in

  4  s. 327.02. Incidental movement upon water shall not, in and of

  5  itself, preclude an entity from classification as a floating

  6  structure. A floating structure is expressly included as a

  7  type of tangible personal property.

  8         (18)  "Complete submission of the rolls" includes, but

  9  is not necessarily limited to, accurate tabular summaries of

10  valuations as prescribed by department rule; a computer tape

11  copy of the real property assessment roll including for each

12  parcel total value of improvements, land value, the two most

13  recently recorded selling prices, the value of any improvement

14  made to the parcel in the 12 months preceding the valuation

15  date, the type and amount of any exemption granted, and such

16  other information as may be required by department rule; an

17  accurate tabular summary by property class of any adjustments

18  made to recorded selling prices or fair market value in

19  arriving at assessed value, as prescribed by department rule;

20  a computer tape copy of the tangible personal property

21  assessment roll, including for each entry a unique account

22  number and such other information as may be required by

23  department rule; and an accurate tabular summary of per-acre

24  land valuations used for each class of agricultural property

25  in preparing the assessment roll, as prescribed by department

26  rule.

27         (19)  "Computer software" means any information,

28  program, or routine, or any set of one or more programs,

29  routines, or collections of information used or intended for

30  use to convey information or to cause one or more computers or

31  pieces of computer-related peripheral equipment, or any


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  1  combination thereof, to perform a task or set of tasks.

  2  Without limiting the generality of the definition provided in

  3  this subsection, the term includes operating and applications

  4  programs and all related documentation. Computer software does

  5  not include embedded software that resides permanently in the

  6  internal memory of a computer or computer-related peripheral

  7  equipment and that is not removable without terminating the

  8  operation of the computer or equipment. Computer software

  9  constitutes personal property only to the extent of the value

10  of the unmounted or uninstalled medium on or in which the

11  information, program, or routine is stored or transmitted,

12  and, after installation or mounting by any person, computer

13  software does not increase the value of the computer or

14  computer-related peripheral equipment, or any combination

15  thereof. Notwithstanding any other provision of law, this

16  subsection applies to the 1997 and subsequent tax rolls and to

17  any assessment in an administrative or judicial action pending

18  on June 1, 1997.

19

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

21         arrangement of chapter 192, which is not

22         divided into parts.

23

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

25  210.20, Florida Statutes, is repealed.

26

27         Reviser's note.--The cited provision provided

28         for disposition of taxes on the retail sale of

29         cigarettes sold on the property of the

30         Inter-American Center Authority created by

31


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  1         chapter 554. Chapter 554 was repealed by s. 1,

  2         ch. 75-131, Laws of Florida.

  3

  4         Section 33.  Paragraph (c) of subsection (2) of section

  5  212.055, Florida Statutes, is reenacted to read:

  6         212.055  Discretionary sales surtaxes; legislative

  7  intent; authorization and use of proceeds.--It is the

  8  legislative intent that any authorization for imposition of a

  9  discretionary sales surtax shall be published in the Florida

10  Statutes as a subsection of this section, irrespective of the

11  duration of the levy.  Each enactment shall specify the types

12  of counties authorized to levy; the rate or rates which may be

13  imposed; the maximum length of time the surtax may be imposed,

14  if any; the procedure which must be followed to secure voter

15  approval, if required; the purpose for which the proceeds may

16  be expended; and such other requirements as the Legislature

17  may provide.  Taxable transactions and administrative

18  procedures shall be as provided in s. 212.054.

19         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

20         (c)  Pursuant to s. 212.054(4), the proceeds of the

21  surtax levied under this subsection shall be distributed to

22  the county and the municipalities within such county in which

23  the surtax was collected, according to:

24         1.  An interlocal agreement between the county

25  governing authority and the governing bodies of the

26  municipalities representing a majority of the county's

27  municipal population, which agreement may include a school

28  district with the consent of the county governing authority

29  and the governing bodies of the municipalities representing a

30  majority of the county's municipal population; or

31


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  1         2.  If there is no interlocal agreement, according to

  2  the formula provided in s. 218.62.

  3

  4  Any change in the distribution formula must take effect on the

  5  first day of any month that begins at least 60 days after

  6  written notification of that change has been made to the

  7  department.

  8

  9         Reviser's note.--Section 13, ch. 2000-312, Laws

10         of Florida, purported to amend paragraph

11         (2)(c), but failed to republish the text of the

12         paragraph. In the absence of affirmative

13         evidence that the Legislature intended to

14         repeal it, paragraph (2)(c) is reenacted to

15         confirm that the omission was not intended.

16

17         Section 34.  Paragraphs (g), (h), (n), and (o) of

18  subsection (5), paragraphs (ff) and (zz) of subsection (7),

19  and paragraph (d) of subsection (17) of section 212.08,

20  Florida Statutes, are amended to read:

21         212.08  Sales, rental, use, consumption, distribution,

22  and storage tax; specified exemptions.--The sale at retail,

23  the rental, the use, the consumption, the distribution, and

24  the storage to be used or consumed in this state of the

25  following are hereby specifically exempt from the tax imposed

26  by this chapter.

27         (5)  EXEMPTIONS; ACCOUNT OF USE.--

28         (g)  Building materials used in the rehabilitation of

29  real property located in an enterprise zone.--

30         1.  Beginning July 1, 1995, Building materials used in

31  the rehabilitation of real property located in an enterprise


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  1  zone shall be exempt from the tax imposed by this chapter upon

  2  an affirmative showing to the satisfaction of the department

  3  that the items have been used for the rehabilitation of real

  4  property located in an enterprise zone. Except as provided in

  5  subparagraph 2., this exemption inures to the owner, lessee,

  6  or lessor of the rehabilitated real property located in an

  7  enterprise zone only through a refund of previously paid

  8  taxes. To receive a refund pursuant to this paragraph, the

  9  owner, lessee, or lessor of the rehabilitated real property

10  located in an enterprise zone must file an application under

11  oath with the governing body or enterprise zone development

12  agency having jurisdiction over the enterprise zone where the

13  business is located, as applicable, which includes:

14         a.  The name and address of the person claiming the

15  refund.

16         b.  An address and assessment roll parcel number of the

17  rehabilitated real property in an enterprise zone for which a

18  refund of previously paid taxes is being sought.

19         c.  A description of the improvements made to

20  accomplish the rehabilitation of the real property.

21         d.  A copy of the building permit issued for the

22  rehabilitation of the real property.

23         e.  A sworn statement, under the penalty of perjury,

24  from the general contractor licensed in this state with whom

25  the applicant contracted to make the improvements necessary to

26  accomplish the rehabilitation of the real property, which

27  statement lists the building materials used in the

28  rehabilitation of the real property, the actual cost of the

29  building materials, and the amount of sales tax paid in this

30  state on the building materials. In the event that a general

31  contractor has not been used, the applicant shall provide this


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  1  information in a sworn statement, under the penalty of

  2  perjury. Copies of the invoices which evidence the purchase of

  3  the building materials used in such rehabilitation and the

  4  payment of sales tax on the building materials shall be

  5  attached to the sworn statement provided by the general

  6  contractor or by the applicant. Unless the actual cost of

  7  building materials used in the rehabilitation of real property

  8  and the payment of sales taxes due thereon is documented by a

  9  general contractor or by the applicant in this manner, the

10  cost of such building materials shall be an amount equal to 40

11  percent of the increase in assessed value for ad valorem tax

12  purposes.

13         f.  The identifying number assigned pursuant to s.

14  290.0065 to the enterprise zone in which the rehabilitated

15  real property is located.

16         g.  A certification by the local building code

17  inspector that the improvements necessary to accomplish the

18  rehabilitation of the real property are substantially

19  completed.

20         h.  Whether the business is a small business as defined

21  by s. 288.703(1).

22         i.  If applicable, the name and address of each

23  permanent employee of the business, including, for each

24  employee who is a resident of an enterprise zone, the

25  identifying number assigned pursuant to s. 290.0065 to the

26  enterprise zone in which the employee resides.

27         2.  This exemption inures to a city, county, or other

28  governmental agency through a refund of previously paid taxes

29  if the building materials used in the rehabilitation of real

30  property located in an enterprise zone are paid for from the

31  funds of a community development block grant or similar grant


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  1  or loan program. To receive a refund pursuant to this

  2  paragraph, a city, county, or other governmental agency must

  3  file an application which includes the same information

  4  required to be provided in subparagraph 1. by an owner,

  5  lessee, or lessor of rehabilitated real property. In addition,

  6  the application must include a sworn statement signed by the

  7  chief executive officer of the city, county, or other

  8  governmental agency seeking a refund which states that the

  9  building materials for which a refund is sought were paid for

10  from the funds of a community development block grant or

11  similar grant or loan program.

12         3.  Within 10 working days after receipt of an

13  application, the governing body or enterprise zone development

14  agency shall review the application to determine if it

15  contains all the information required pursuant to subparagraph

16  1. or subparagraph 2. and meets the criteria set out in this

17  paragraph. The governing body or agency shall certify all

18  applications that contain the information required pursuant to

19  subparagraph 1. or subparagraph 2. and meet the criteria set

20  out in this paragraph as eligible to receive a refund. If

21  applicable, the governing body or agency shall also certify if

22  20 percent of the employees of the business are residents of

23  an enterprise zone, excluding temporary and part-time

24  employees. The certification shall be in writing, and a copy

25  of the certification shall be transmitted to the executive

26  director of the Department of Revenue. The applicant shall be

27  responsible for forwarding a certified application to the

28  department within the time specified in subparagraph 4.

29         4.  An application for a refund pursuant to this

30  paragraph must be submitted to the department within 6 months

31


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  1  after the rehabilitation of the property is deemed to be

  2  substantially completed by the local building code inspector.

  3         5.  The provisions of s. 212.095 do not apply to any

  4  refund application made pursuant to this paragraph. No more

  5  than one exemption through a refund of previously paid taxes

  6  for the rehabilitation of real property shall be permitted for

  7  any one parcel of real property. No refund shall be granted

  8  pursuant to this paragraph unless the amount to be refunded

  9  exceeds $500. No refund granted pursuant to this paragraph

10  shall exceed the lesser of 97 percent of the Florida sales or

11  use tax paid on the cost of the building materials used in the

12  rehabilitation of the real property as determined pursuant to

13  sub-subparagraph 1.e. or $5,000, or, if no less than 20

14  percent of the employees of the business are residents of an

15  enterprise zone, excluding temporary and part-time employees,

16  the amount of refund granted pursuant to this paragraph shall

17  not exceed the lesser of 97 percent of the sales tax paid on

18  the cost of such building materials or $10,000. A refund

19  approved pursuant to this paragraph shall be made within 30

20  days of formal approval by the department of the application

21  for the refund.

22         6.  The department shall adopt rules governing the

23  manner and form of refund applications and may establish

24  guidelines as to the requisites for an affirmative showing of

25  qualification for exemption under this paragraph.

26         7.  The department shall deduct an amount equal to 10

27  percent of each refund granted under the provisions of this

28  paragraph from the amount transferred into the Local

29  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

30  s. 212.20 for the county area in which the rehabilitated real

31


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  1  property is located and shall transfer that amount to the

  2  General Revenue Fund.

  3         8.  For the purposes of the exemption provided in this

  4  paragraph:

  5         a.  "Building materials" means tangible personal

  6  property which becomes a component part of improvements to

  7  real property.

  8         b.  "Real property" has the same meaning as provided in

  9  s. 192.001(12).

10         c.  "Rehabilitation of real property" means the

11  reconstruction, renovation, restoration, rehabilitation,

12  construction, or expansion of improvements to real property.

13         d.  "Substantially completed" has the same meaning as

14  provided in s. 192.042(1).

15         9.  The provisions of this paragraph shall expire and

16  be void on December 31, 2005.

17         (h)  Business property used in an enterprise zone.--

18         1.  Beginning July 1, 1995, Business property purchased

19  for use by businesses located in an enterprise zone which is

20  subsequently used in an enterprise zone shall be exempt from

21  the tax imposed by this chapter. This exemption inures to the

22  business only through a refund of previously paid taxes. A

23  refund shall be authorized upon an affirmative showing by the

24  taxpayer to the satisfaction of the department that the

25  requirements of this paragraph have been met.

26         2.  To receive a refund, the business must file under

27  oath with the governing body or enterprise zone development

28  agency having jurisdiction over the enterprise zone where the

29  business is located, as applicable, an application which

30  includes:

31


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  1         a.  The name and address of the business claiming the

  2  refund.

  3         b.  The identifying number assigned pursuant to s.

  4  290.0065 to the enterprise zone in which the business is

  5  located.

  6         c.  A specific description of the property for which a

  7  refund is sought, including its serial number or other

  8  permanent identification number.

  9         d.  The location of the property.

10         e.  The sales invoice or other proof of purchase of the

11  property, showing the amount of sales tax paid, the date of

12  purchase, and the name and address of the sales tax dealer

13  from whom the property was purchased.

14         f.  Whether the business is a small business as defined

15  by s. 288.703(1).

16         g.  If applicable, the name and address of each

17  permanent employee of the business, including, for each

18  employee who is a resident of an enterprise zone, the

19  identifying number assigned pursuant to s. 290.0065 to the

20  enterprise zone in which the employee resides.

21         3.  Within 10 working days after receipt of an

22  application, the governing body or enterprise zone development

23  agency shall review the application to determine if it

24  contains all the information required pursuant to subparagraph

25  2. and meets the criteria set out in this paragraph. The

26  governing body or agency shall certify all applications that

27  contain the information required pursuant to subparagraph 2.

28  and meet the criteria set out in this paragraph as eligible to

29  receive a refund. If applicable, the governing body or agency

30  shall also certify if 20 percent of the employees of the

31  business are residents of an enterprise zone, excluding


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  1  temporary and part-time employees. The certification shall be

  2  in writing, and a copy of the certification shall be

  3  transmitted to the executive director of the Department of

  4  Revenue. The business shall be responsible for forwarding a

  5  certified application to the department within the time

  6  specified in subparagraph 4.

  7         4.  An application for a refund pursuant to this

  8  paragraph must be submitted to the department within 6 months

  9  after the business property is purchased.

10         5.  The provisions of s. 212.095 do not apply to any

11  refund application made pursuant to this paragraph. The amount

12  refunded on purchases of business property under this

13  paragraph shall be the lesser of 97 percent of the sales tax

14  paid on such business property or $5,000, or, if no less than

15  20 percent of the employees of the business are residents of

16  an enterprise zone, excluding temporary and part-time

17  employees, the amount refunded on purchases of business

18  property under this paragraph shall be the lesser of 97

19  percent of the sales tax paid on such business property or

20  $10,000. A refund approved pursuant to this paragraph shall be

21  made within 30 days of formal approval by the department of

22  the application for the refund. No refund shall be granted

23  under this paragraph unless the amount to be refunded exceeds

24  $100 in sales tax paid on purchases made within a 60-day time

25  period.

26         6.  The department shall adopt rules governing the

27  manner and form of refund applications and may establish

28  guidelines as to the requisites for an affirmative showing of

29  qualification for exemption under this paragraph.

30         7.  If the department determines that the business

31  property is used outside an enterprise zone within 3 years


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  1  from the date of purchase, the amount of taxes refunded to the

  2  business purchasing such business property shall immediately

  3  be due and payable to the department by the business, together

  4  with the appropriate interest and penalty, computed from the

  5  date of purchase, in the manner provided by this chapter.

  6  Notwithstanding this subparagraph, business property used

  7  exclusively in:

  8         a.  Licensed commercial fishing vessels,

  9         b.  Fishing guide boats, or

10         c.  Ecotourism guide boats

11

12  that leave and return to a fixed location within an area

13  designated under s. 370.28 are eligible for the exemption

14  provided under this paragraph if all requirements of this

15  paragraph are met. Such vessels and boats must be owned by a

16  business that is eligible to receive the exemption provided

17  under this paragraph. This exemption does not apply to the

18  purchase of a vessel or boat.

19         8.  The department shall deduct an amount equal to 10

20  percent of each refund granted under the provisions of this

21  paragraph from the amount transferred into the Local

22  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

23  s. 212.20 for the county area in which the business property

24  is located and shall transfer that amount to the General

25  Revenue Fund.

26         9.  For the purposes of this exemption, "business

27  property" means new or used property defined as "recovery

28  property" in s. 168(c) of the Internal Revenue Code of 1954,

29  as amended, except:

30         a.  Property classified as 3-year property under s.

31  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;


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  1         b.  Industrial machinery and equipment as defined in

  2  sub-subparagraph (b)6.a. and eligible for exemption under

  3  paragraph (b); and

  4         c.  Building materials as defined in sub-subparagraph

  5  (g)8.a.

  6         10.  The provisions of this paragraph shall expire and

  7  be void on December 31, 2005.

  8         (n)  Materials for construction of single-family homes

  9  in certain areas.--

10         1.  As used in this paragraph, the term:

11         a.  "Building materials" means tangible personal

12  property that becomes a component part of a qualified home.

13         b.  "Qualified home" means a single-family home having

14  an appraised value of no more than $160,000 which is located

15  in an enterprise zone, empowerment zone, or Front Porch

16  Florida Community and which is constructed and occupied by the

17  owner thereof for residential purposes.

18         c.  "Substantially completed" has the same meaning as

19  provided in s. 192.042(1).

20         2.  Building materials used in the construction of a

21  qualified home and the costs of labor associated with the

22  construction of a qualified home are exempt from the tax

23  imposed by this chapter upon an affirmative showing to the

24  satisfaction of the department that the requirements of this

25  paragraph have been met. This exemption inures to the owner

26  through a refund of previously paid taxes. To receive this

27  refund, the owner must file an application under oath with the

28  department which includes:

29         a.  The name and address of the owner.

30         b.  The address and assessment roll parcel number of

31  the home for which a refund is sought.


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  1         c.  A copy of the building permit issued for the home.

  2         d.  A certification by the local building code

  3  inspector that the home is substantially completed.

  4         e.  A sworn statement, under penalty of perjury, from

  5  the general contractor licensed in this state with whom the

  6  owner contracted to construct the home, which statement lists

  7  the building materials used in the construction of the home

  8  and the actual cost thereof, the labor costs associated with

  9  such construction, and the amount of sales tax paid on these

10  materials and labor costs. If a general contractor was not

11  used, the owner shall provide this information in a sworn

12  statement, under penalty of perjury. Copies of invoices

13  evidencing payment of sales tax must be attached to the sworn

14  statement.

15         f.  A sworn statement, under penalty of perjury, from

16  the owner affirming that he or she is occupying the home for

17  residential purposes.

18         3.  An application for a refund under this paragraph

19  must be submitted to the department within 6 months after the

20  date the home is deemed to be substantially completed by the

21  local building code inspector. Within 30 working days after

22  receipt of the application, the department shall determine if

23  it meets the requirements of this paragraph. A refund approved

24  pursuant to this paragraph shall be made within 30 days after

25  formal approval of the application by the department. The

26  provisions of s. 212.095 do not apply to any refund

27  application made under this paragraph.

28         4.  The department shall establish by rule an

29  application form and criteria for establishing eligibility for

30  exemption under this paragraph.

31


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  1         5.  The exemption shall apply to purchases of materials

  2  on or after July 1, 2000.

  3         (o)  Building materials in redevelopment projects.--

  4         1.  As used in this paragraph, the term:

  5         a.  "Building materials" means tangible personal

  6  property that becomes a component part of a housing project or

  7  a mixed-use project.

  8         b.  "Housing project" means the conversion of an

  9  existing manufacturing or industrial building to housing units

10  in an urban high-crime area, enterprise zone, empowerment

11  zone, Front Porch Community, designated brownfield area, or

12  urban infill area and in which the developer agrees to set

13  aside at least 20 percent of the housing units in the project

14  for low-income and moderate-income persons.

15         c.  "Mixed-use project" means the conversion of an

16  existing manufacturing or industrial building to mixed-use

17  units that include artists' studios, art and entertainment

18  services, or other compatible uses. A mixed-use project must

19  be located in an urban high-crime area, enterprise zone,

20  empowerment zone, Front Porch Community, designated brownfield

21  area, or urban infill area, and the developer must agree to

22  set aside at least 20 percent of the square footage of the

23  project for low-income and moderate-income housing.

24         d.  "Substantially completed" has the same meaning as

25  provided in s. 192.042(1).

26         2.  Building materials used in the construction of a

27  housing project or mixed-use project are exempt from the tax

28  imposed by this chapter upon an affirmative showing to the

29  satisfaction of the department that the requirements of this

30  paragraph have been met. This exemption inures to the owner

31  through a refund of previously paid taxes. To receive this


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  1  refund, the owner must file an application under oath with the

  2  department which includes:

  3         a.  The name and address of the owner.

  4         b.  The address and assessment roll parcel number of

  5  the project for which a refund is sought.

  6         c.  A copy of the building permit issued for the

  7  project.

  8         d.  A certification by the local building code

  9  inspector that the project is substantially completed.

10         e.  A sworn statement, under penalty of perjury, from

11  the general contractor licensed in this state with whom the

12  owner contracted to construct the project, which statement

13  lists the building materials used in the construction of the

14  project and the actual cost thereof, and the amount of sales

15  tax paid on these materials. If a general contractor was not

16  used, the owner shall provide this information in a sworn

17  statement, under penalty of perjury. Copies of invoices

18  evidencing payment of sales tax must be attached to the sworn

19  statement.

20         3.  An application for a refund under this paragraph

21  must be submitted to the department within 6 months after the

22  date the project is deemed to be substantially completed by

23  the local building code inspector. Within 30 working days

24  after receipt of the application, the department shall

25  determine if it meets the requirements of this paragraph. A

26  refund approved pursuant to this paragraph shall be made

27  within 30 days after formal approval of the application by the

28  department. The provisions of s. 212.095 do not apply to any

29  refund application made under this paragraph.

30

31


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  1         4.  The department shall establish by rule an

  2  application form and criteria for establishing eligibility for

  3  exemption under this paragraph.

  4         5.  The exemption shall apply to purchases of materials

  5  on or after July 1, 2000.

  6         (7)  MISCELLANEOUS EXEMPTIONS.--

  7         (ff)  Certain electricity or steam uses.--

  8         1.  Subject to the provisions of subparagraph 4.,

  9  charges for electricity or steam used to operate machinery and

10  equipment at a fixed location in this state when such

11  machinery and equipment is used to manufacture, process,

12  compound, produce, or prepare for shipment items of tangible

13  personal property for sale, or to operate pollution control

14  equipment, recycling equipment, maintenance equipment, or

15  monitoring or control equipment used in such operations are

16  exempt to the extent provided in this paragraph. If 75 percent

17  or more of the electricity or steam used at the fixed location

18  is used to operate qualifying machinery or equipment, 100

19  percent of the charges for electricity or steam used at the

20  fixed location are exempt. If less than 75 percent but 50

21  percent or more of the electricity or steam used at the fixed

22  location is used to operate qualifying machinery or equipment,

23  50 percent of the charges for electricity or steam used at the

24  fixed location are exempt. If less than 50 percent of the

25  electricity or steam used at the fixed location is used to

26  operate qualifying machinery or equipment, none of the charges

27  for electricity or steam used at the fixed location are

28  exempt.

29         2.  This exemption applies only to industries

30  classified under SIC Industry Major Group Numbers 10, 12, 13,

31  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,


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  1  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

  2  in this paragraph, "SIC" means those classifications contained

  3  in the Standard Industrial Classification Manual, 1987, as

  4  published by the Office of Management and Budget, Executive

  5  Office of the President.

  6         3.  Possession by a seller of a written certification

  7  by the purchaser, certifying the purchaser's entitlement to an

  8  exemption permitted by this subsection, relieves the seller

  9  from the responsibility of collecting the tax on the

10  nontaxable amounts, and the department shall look solely to

11  the purchaser for recovery of such tax if it determines that

12  the purchaser was not entitled to the exemption.

13         4.  Such exemption shall be applied as follows:

14         a.  Beginning July 1, 1996, 20 percent of the charges

15  for such electricity shall be exempt.

16         b.  Beginning July 1, 1997, 40 percent of the charges

17  for such electricity shall be exempt.

18         c.  Beginning July 1, 1998, 60 percent of the charges

19  for such electricity or steam shall be exempt.

20         d.  Beginning July 1, 1999, 80 percent of the charges

21  for such electricity or steam shall be exempt.

22         e.  Beginning July 1, 2000, 100 percent of the charges

23  for such electricity or steam shall be exempt.

24         5.  Notwithstanding any other provision in this

25  paragraph to the contrary, in order to receive the exemption

26  provided in this paragraph a taxpayer must first register with

27  the WAGES Program Business Registry established by the local

28  WAGES coalition for the area in which the taxpayer is located.

29  Such registration establishes a commitment on the part of the

30  taxpayer to hire WAGES program participants to the maximum

31  extent possible consistent with the nature of their business.


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  1         6.a.  In order to determine whether the exemption

  2  provided in this paragraph from the tax on charges for

  3  electricity or steam has an effect on retaining or attracting

  4  companies to this state, the Office of Program Policy Analysis

  5  and Government Accountability shall monitor and report on the

  6  industries receiving the exemption.

  7         b.  The report shall be submitted no later than January

  8  1, 2001, and must be comprehensive in scope, but, at a

  9  minimum, must be conducted in such a manner as to specifically

10  determine the number of companies within each SIC Industry

11  Major Group receiving the exemption as of September 1, 2000,

12  the number of individuals employed by companies within each

13  SIC Industry Major Group receiving the exemption as of

14  September 1, 2000, whether the change, if any, in such number

15  of companies or employees is attributable to the exemption

16  provided in this paragraph, whether it would be sound public

17  policy to continue or discontinue the exemption, and the

18  consequences of doing so.

19         c.  The report shall be submitted to the President of

20  the Senate, the Speaker of the House of Representatives, the

21  Senate Minority Leader, and the House Minority Leader.

22         (zz)  Certain repair and labor charges.--

23         1.  Subject to the provisions of subparagraphs 2. and

24  3., there is exempt from the tax imposed by this chapter all

25  labor charges for the repair of, and parts and materials used

26  in the repair of and incorporated into, industrial machinery

27  and equipment which is used for the manufacture, processing,

28  compounding, production, or preparation for shipping of items

29  of tangible personal property at a fixed location within this

30  state.

31


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  1         2.  This exemption applies only to industries

  2  classified under SIC Industry Major Group Numbers 10, 12, 13,

  3  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

  4  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

  5  in this subparagraph, "SIC" means those classifications

  6  contained in the Standard Industrial Classification Manual,

  7  1987, as published by the Office of Management and Budget,

  8  Executive Office of the President.

  9         3.  This exemption shall be applied as follows:

10         a.  Beginning July 1, 1999, 25 percent of such charges

11  for repair parts and labor shall be exempt.

12         a.b.  Beginning July 1, 2000, 50 percent of such

13  charges for repair parts and labor shall be exempt.

14         b.c.  Beginning July 1, 2001, 75 percent of such

15  charges for repair parts and labor shall be exempt.

16         c.d.  Beginning July 1, 2002, 100 percent of such

17  charges for repair parts and labor shall be exempt.

18

19  Exemptions provided to any entity by this subsection shall not

20  inure to any transaction otherwise taxable under this chapter

21  when payment is made by a representative or employee of such

22  entity by any means, including, but not limited to, cash,

23  check, or credit card even when that representative or

24  employee is subsequently reimbursed by such entity.

25         (17)  EXEMPTIONS; CERTAIN GOVERNMENT CONTRACTORS.--

26         (d)  The exemption provided in this subsection applies

27  as follows:

28         1.  Beginning July 1, 1999, the tax imposed by this

29  chapter shall be applicable to 80 percent of the sales price

30  or cost price of such overhead materials.

31


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  1         1.2.  Beginning July 1, 2000, the tax imposed by this

  2  chapter shall be applicable to 60 percent of the sales price

  3  or cost price of such overhead materials.

  4         2.3.  Beginning July 1, 2001, the tax imposed by this

  5  chapter shall be applicable to 40 percent of the sales price

  6  or cost price of such overhead materials.

  7         3.4.  Beginning July 1, 2002, the tax imposed by this

  8  chapter shall be applicable to 20 percent of the sales price

  9  or cost price of such overhead materials.

10         4.5.  Beginning July 1, 2003, the entire sales price or

11  cost price of such overhead materials is exempt from the tax

12  imposed by this chapter.

13

14  The exemption provided in this subsection does not apply to

15  any part of the cost of overhead materials allocated to a

16  contract that is not a qualifying contract.

17

18         Reviser's note.---Paragraphs (5)(g) and (h) are

19         amended to delete references to a past date

20         that are no longer necessary.  Paragraphs

21         (5)(n) and (o) are amended to clarify

22         references to local building code inspectors to

23         conform with ch. 2000-372, Laws of Florida.

24         Paragraph (7)(ff) is amended to delete material

25         setting sales tax exemption percentages for

26         certain electricity or steam uses for July 1,

27         1996, through June 30, 2000, and material

28         relating to submittal of a report on the

29         exemption due no later than January 1, 2001.

30         Paragraph (7)(zz) is amended to delete material

31         setting a sales tax exemption percentage for


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  1         certain repair and labor charges for July 1,

  2         1999, through June 30, 2000.  Paragraph (17)(d)

  3         is amended to delete material setting a sales

  4         tax exemption percentage for specified overhead

  5         materials for July 1, 1999, through June 30,

  6         2000.

  7

  8

  9

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CODING: Words stricken are deletions; words underlined are additions.