House Bill hb0663

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    Florida House of Representatives - 2001                 HB 663

        By the Committee on Rules, Ethics & Elections and
    Representative Goodlette





  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, 395.4045,

  8         395.602, 395.7015, 400.0091, 400.022, 400.023,

  9         400.141, 400.408, 400.464, 400.980, 402.166,

10         402.28, 402.50, 403.031, 403.714, 403.718,

11         403.7191, 403.7192, 408.02, 408.0361, 409.145,

12         409.1685, 409.908, 409.912, 409.946, 414.105,

13         418.302, 420.506, 420.507, 435.03, 435.05,

14         435.07, 440.15, 440.381, 440.4416, 443.1715,

15         445.024, 446.50, 456.025, 456.039, 458.3135,

16         458.319, and 460.403, F.S.; reenacting ss.

17         370.021(2), 375.045, 397.405, 409.9122(1),

18         445.003(6)(b), 445.009(7)(c), 467.001, 467.002,

19         467.004, 467.011, 467.0125, 467.014, 467.015,

20         467.016, 467.017, 467.201, 467.203, 467.205,

21         467.207, and 468.354(3)(b), F.S.; and repealing

22         ss. 373.4593(2)(a)-(c), 381.0045(3),

23         383.0112(2)(g), 411.01(9)(c), 421.37, 421.38,

24         421.39, 421.40, 421.41, 421.42, 421.43, 421.44,

25         421.45, 427.0159(2), and 464.0045, F.S.,

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

27         provisions which have expired, have become

28         obsolete, have had their effect, have served

29         their purpose, or have been impliedly repealed

30         or superseded; replacing incorrect

31         cross-references and citations; correcting

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  1         grammatical, typographical, and like errors;

  2         removing inconsistencies, redundancies, and

  3         unnecessary repetition in the statutes;

  4         improving the clarity of the statutes and

  5         facilitating their correct interpretation; and

  6         confirming the restoration of provisions

  7         unintentionally omitted from republication in

  8         the acts of the Legislature during the

  9         amendatory process.

10

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

12

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

14  Statutes, is reenacted to read:

15         370.021  Administration; rules, publications, records;

16  penalties; injunctions.--

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

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

19  additional penalties against any person, firm, or corporation

20  convicted of major violations as follows:

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

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

23  $10 for each illegal blue crab, crawfish, stone crab, or part

24  thereof.

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

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

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

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

29  for each pound of illegal shrimp or part thereof.

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

31  of oysters from nonapproved areas or the taking or possession

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

  2  bushel of illegal oysters.

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

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

  5  for each 500 count bag of illegal clams.

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

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

  8  endangered, threatened, or of special concern:

  9         1.  Shortnose sturgeon (Acipenser brevirostrum);

10         2.  Atlantic sturgeon (Acipenser oxyrhynchus);

11         3.  Common snook (Centropomus undecimalis);

12         4.  Atlantic loggerhead turtle (Caretta caretta

13  caretta);

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

15         6.  Leatherback turtle (Dermochelys coriacea);

16         7.  Atlantic hawksbill turtle (Eretmochelys imbricata

17  imbracata);

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

19         9.  West Indian manatee (Trichechus manatus

20  latirostris),

21

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

23  part thereof.

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

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

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

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

28         (g)  For any violation involving the taking,

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

30  illegal finfish, an additional penalty equivalent to the

31  wholesale value of the illegal finfish.

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  1         (h)  The proceeds from the penalties assessed pursuant

  2  to this subsection shall be deposited into the Marine

  3  Resources Conservation Trust Fund to be used for marine

  4  fisheries research or into the commission's Federal Law

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

  6  applicable.

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

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

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

10  suspended or revoked by the commission, pursuant to the

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

12  violation prescribed in this subsection:

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

14  up to 30 calendar days.

15         2.  Upon a second conviction for a violation which

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

17  calendar days.

18         3.  Upon a third conviction for a violation which

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

20  calendar days.

21         4.  Upon a fourth conviction for a violation which

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

23  of 6 months to 3 years.

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

25  violation involving stone crabs, the licenseholder must show

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

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

28  violation" means a major violation as prescribed for illegal

29  stone crabs; any single violation involving possession of more

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

31  25 or more whole-bodied or egg-bearing stone crabs; any

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

  2  at night; or any combination of violations in any

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

  4  crabs in the aggregate are involved.

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

  6  violation involving crawfish, the licenseholder must show just

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

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

  9  violation" means a major violation as prescribed for illegal

10  crawfish; any single violation involving possession of more

11  than 25 crawfish during the closed season or possession of

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

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

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

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

16  75 illegal crawfish in the aggregate are involved.

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

18  violation involving blue crabs, the licenseholder shall show

19  just cause why his or her saltwater products license should

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

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

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

23  major violation as prescribed for illegal blue crabs, any

24  single violation wherein 50 or more illegal blue crabs are

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

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

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

28  blue crabs in the aggregate are involved.

29         (m)  Upon the conviction for a major violation

30  involving finfish, the licenseholder must show just cause why

31  his or her saltwater products license should not be suspended

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

  2  violation is prescribed for the taking and harvesting of

  3  illegal finfish, any single violation involving the possession

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

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

  6  than 200 pounds of illegal finfish in the aggregate are

  7  involved.

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

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

10  rules of the Fish and Wildlife Conservation Commission has

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

12  disposition to the commission.

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

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

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

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

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

18  the possession of 25 or more individual specimens of marine

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

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

21  the suspension or revocation of the licenseholder's marine

22  life endorsement as provided in paragraph (i).

23

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

25  suspend, defer, or withhold adjudication of guilt or

26  imposition of sentence for any major violation prescribed in

27  this subsection.

28

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

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

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

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  1         republish the flush left language at the end of

  2         the subsection. In the absence of affirmative

  3         evidence that the Legislature intended to

  4         repeal the flush left language, subsection (2)

  5         is reenacted to confirm that the omission was

  6         not intended.

  7

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

  9  Statutes, is amended to read:

10         370.0603  Marine Resources Conservation Trust Fund;

11  purposes.--

12         (3)  Funds provided to the Marine Resources

13  Conservation Trust Fund from taxes distributed under s.

14  201.15(8) 201.15(9) shall be used for the following purposes:

15         (a)  To reimburse the cost of activities authorized

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

17  Department of the Interior. Such facilities must be involved

18  in the actual rescue and full-time acute care

19  veterinarian-based rehabilitation of manatees. The cost of

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

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

22  operation related to the rescue, treatment, stabilization,

23  maintenance, release, and monitoring of manatees. Moneys

24  distributed through the contractual agreement to each facility

25  for manatee rehabilitation must be proportionate to the number

26  of manatees under acute care rehabilitation; the number of

27  maintenance days medically necessary in the facility; and the

28  number released during the previous fiscal year. The

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

30  manatee per year.

31

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

  2  rehabilitation of marine mammals at the Whitney Laboratory and

  3  the College of Veterinary School of Medicine at the University

  4  of Florida.

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

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

  7  carried over for distribution in subsequent years.

  8

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

10         amended to correct an apparent error and

11         facilitate correct interpretation. Section

12         201.15(8) was amended by s. 33, ch. 2000-197,

13         Laws of Florida, to add a reference to payment

14         of funds to the credit of the trust fund for

15         purposes of marine mammal care pursuant to s.

16         370.0603(3). Paragraph (b) is amended to

17         conform to the official title of the college as

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

19

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

21  Florida Statutes, are amended to read:

22         370.092  Carriage of proscribed nets across Florida

23  waters.--

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

25  authorized by rule of the Fish and Wildlife Conservation

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

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

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

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

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

31  22 feet in length and on any vessel less than 25 feet if

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

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

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

  4  in a rule of the Fish and Wildlife Conservation Commission

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

  6  length shall be determined in accordance with current United

  7  States Coast Guard regulations specified in the Code of

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

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

10  1998, rulemaking to adjust by rule the use of gear on vessels

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

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

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

14  and to provide reasonable opportunities for the use of legal

15  net gear in adjacent federal waters.

16         (4)  The Fish and Wildlife Conservation Commission

17  shall adopt rules to prohibit the possession and sale of

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

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

20  subsection (4).

21

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

23         current location of the referenced material.

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

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

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

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

28

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

30  Statutes, is amended to read:

31         370.093  Illegal use of nets.--

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

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

  3

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

  5         current location of the referenced material.

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

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

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

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

10

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

12  Statutes, is amended to read:

13         370.12  Marine animals; regulation.--

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

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

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

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

18  be authorized by as a federal permit.

19

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

21         interpretation.

22

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

24  Statutes, is amended to read:

25         372.5712  Florida waterfowl permit revenues.--

26         (1)  The commission shall expend the revenues generated

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

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

29  includes waterfowl hunting privileges, as provided in s.

30  372.57(2)(k) and (14)(b) 372.57(2)(i) and (14)(b) as follows:

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

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

  2  revenues shall be expended for waterfowl research approved by

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

  4  revenues shall be expended for projects approved by the

  5  commission, in consultation with the Waterfowl Advisory

  6  Council, for the purpose of protecting and propagating

  7  migratory waterfowl and for the development, restoration,

  8  maintenance, and preservation of wetlands within the state.

  9

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

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

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

13

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

15  Statutes, is amended to read:

16         372.5715  Florida wild turkey permit revenues.--

17         (1)  The commission shall expend the revenues generated

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

19  372.57(4)(e) or that pro rata portion of any license that

20  includes turkey hunting privileges as provided for in s.

21  372.57(2)(k) and (14)(b) 372.57(2)(i) and (14)(b) for research

22  and management of wild turkeys.

23

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

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

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

27

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

29  Statutes, is amended to read:

30         373.4135  Mitigation banks and offsite regional

31  mitigation.--

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

  2  local governments may elect to establish and manage mitigation

  3  sites, including regional offsite mitigation areas, or

  4  contract with permitted mitigation banks, to provide

  5  mitigation options for private single-family lots or

  6  homeowners. The department, water management districts, and

  7  local governments shall provide a written notice of their

  8  election under this subsection paragraph by United States mail

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

10  receive such notice. The use of mitigation options established

11  under this subsection are not subject to the

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

13  mitigation option established under this subsection, the

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

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

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

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

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

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

20  apply to other entities that establish offsite regional

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

22

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

24         error. Subsection (7) is not divided into

25         paragraphs.

26

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

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

29

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

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

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

  2         Water Management District must request the

  3         Federal Government to become a joint sponsor

  4         and take all action to expedite or waive

  5         necessary federal approvals needed to implement

  6         an emergency interim plan to restore Florida

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

  8         1994, the South Florida Water Management

  9         District must file for any necessary federal

10         approvals.

11

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

13  Statutes, is amended to read:

14         375.021  Comprehensive multipurpose outdoor recreation

15  plan.--

16         (1)  The department is given the responsibility,

17  authority, and power to develop and execute a comprehensive

18  multipurpose outdoor recreation plan for this state with the

19  cooperation of the Department of Agriculture and Consumer

20  Services, the Department of Transportation, the Fish and

21  Wildlife Conservation Commission, the Florida Commission on

22  Tourism Department of Commerce, and the water management

23  districts.

24

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

26         repeal of s. 20.17, creating the Department of

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

28         and the assumption of its obligations regarding

29         the comprehensive multipurpose outdoor

30         recreation plan by the Florida Commission on

31         Tourism.

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  1         Section 11.  Section 375.045, Florida Statutes, is

  2  reenacted to read:

  3         375.045  Florida Preservation 2000 Trust Fund.--

  4         (1)  There is created the Florida Preservation 2000

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

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

  7  held and administered by the Department of Environmental

  8  Protection. Proceeds from the sale of revenue bonds issued

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

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

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

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

13  resolution adopted by the governing board of the Division of

14  Bond Finance may provide for additional provisions that govern

15  the disbursement of the bond proceeds.

16         (2)  The Department of Environmental Protection shall

17  distribute revenues from the Florida Preservation 2000 Trust

18  Fund only to programs of state agencies or local governments

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

20  Save Our Everglades Trust Fund, such distributions shall be

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

22  the Department of Environmental Protection initiates the

23  transfer.

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

25  Preservation 2000 funds, as distributed pursuant to this

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

27  available for public recreational use, provided that the

28  recreational use does not interfere with the protection of

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

30  into agreements with the Department of Environmental

31  Protection or other appropriate state agencies to transfer

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  1  management authority to or to lease to such agencies lands

  2  purchased with Preservation 2000 funds, for the purpose of

  3  managing the lands to make them available for public

  4  recreational use. The water management districts and the

  5  Department of Environmental Protection shall take action to

  6  control the growth of nonnative invasive plant species on

  7  lands they manage which are purchased with Preservation 2000

  8  funds.

  9         (4)  The Department of Environmental Protection shall

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

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

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

13  shall be administered and expended in a manner that ensures

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

15  the basis that interest thereon will be excluded from gross

16  income for federal income tax purposes, with the applicable

17  provisions of the United States Internal Revenue Code and the

18  regulations promulgated thereunder, to the extent necessary to

19  preserve the exclusion of interest on such revenue bonds from

20  gross income for federal income tax purposes. The Department

21  of Environmental Protection shall have the authority to

22  administer the use and disbursement of the proceeds of such

23  revenue bonds or require that the use and disbursement thereof

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

25  implement strategies to maximize any available benefits under

26  the applicable provisions of the United States Internal

27  Revenue Code or regulations promulgated thereunder, to the

28  extent not inconsistent with the purposes identified in s.

29  259.101(3).

30

31

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  1  Upon a determination by the Department of Environmental

  2  Protection that proceeds being held in the trust fund to

  3  support distributions outside the Department of Environmental

  4  Protection are not likely to be disbursed in accordance with

  5  the foregoing considerations, the Department of Environmental

  6  Protection shall petition the Governor and Cabinet to allow

  7  for the immediate disbursement of such funds for the

  8  acquisition of projects approved for purchase pursuant to the

  9  provisions of chapter 259.

10

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

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

13         but failed to republish the flush left language

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

15         affirmative evidence that the Legislature

16         intended to repeal the flush left language, s.

17         375.045 is reenacted to confirm that the

18         omission was not intended.

19

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

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

22  section is amended to read:

23         376.30713  Preapproved advanced cleanup.--

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

25  authorized to approve an application for preapproved advanced

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

27  site's priority ranking established pursuant to s.

28  376.3071(5)(a), in accordance with the provisions of this

29  section.  Persons who qualify as an applicant under the

30  provisions of this section shall only include the facility

31

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  1  owner or operator or the person otherwise responsible for site

  2  rehabilitation.

  3         (a)  Preapproved advanced cleanup applications may be

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

  5  December 31 of each fiscal year.  Applications submitted

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

  7  beginning July 1.  Initial applications shall be submitted

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

  9  shall consist of:

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

11  total cleanup cost deemed recoverable under the provisions of

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

13  share.

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

15  administrative costs associated with the department's review

16  of the application.

17         3.  A limited contamination assessment report.

18         4.  A proposed course of action.

19

20  The limited contamination assessment report shall be

21  sufficient to support the proposed course of action and to

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

23  incurred related to conducting the limited contamination

24  assessment report are not refundable from the Inland

25  Protection Trust Fund. Site eligibility under this subsection,

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

27  an entitlement to preapproved advanced cleanup or continued

28  restoration funding.  The applicant shall certify to the

29  department that the applicant has the prerequisite authority

30  to enter into a preapproved advanced cleanup contract with the

31

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  1  department.  This certification shall be submitted with the

  2  application.

  3         (b)  The department shall rank the applications based

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

  5  applicant, with the highest ranking given to the applicant

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

  7  department receives applications that propose identical

  8  cost-sharing commitments and which exceed the funds available

  9  to commit to all such proposals during the preapproved

10  advanced cleanup application period, the department shall

11  proceed to rerank those applicants.  Those applicants

12  submitting identical cost-sharing proposals which exceed

13  funding availability shall be so notified by the department

14  and shall be offered the opportunity to raise their individual

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

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

17  proceed to rerank the applications in accordance with this

18  paragraph.

19

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

21         delete obsolete references to past dates.

22         Subsection (7), requiring legislative review of

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

24         repealed.

25

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

27  377.703, Florida Statutes, is amended to read:

28         377.703  Additional functions of the Department of

29  Community Affairs; energy emergency contingency plan; federal

30  and state conservation programs.--

31

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

  2  Department of Community Affairs shall, in addition to assuming

  3  the duties and responsibilities provided by ss. 20.18 and

  4  377.701, perform the following functions consistent with the

  5  development of a state energy policy:

  6         (h)  Promote the development and use of renewable

  7  energy resources, in conformance with the provisions of

  8  chapter 187 and s. 377.601, by:

  9         1.  Establishing goals and strategies for increasing

10  the use of solar energy in this state.

11         2.  Aiding and promoting the commercialization of solar

12  energy technology, in cooperation with the Florida Solar

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

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

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

16  demonstration of solar energy equipment and technology.

17         3.  Identifying barriers to greater use of solar energy

18  systems in this state, and developing specific recommendations

19  for overcoming identified barriers, with findings and

20  recommendations to be submitted annually in the report to the

21  Legislature required under paragraph (f).

22         4.  In cooperation with the Department of

23  Transportation, Enterprise Florida, Inc. the Department of

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

25  Solar Energy Industries Association, investigating

26  opportunities, pursuant to the National Energy Policy Act of

27  1992 and the Housing and Community Development Act of 1992,

28  for solar electric vehicles and other solar energy

29  manufacturing, distribution, installation, and financing

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

31  in solar energy research, development, and use.

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  1         5.  Undertaking other initiatives to advance the

  2  development and use of renewable energy resources in this

  3  state.

  4

  5  In the exercise of its responsibilities under this paragraph,

  6  the department shall seek the assistance of the solar energy

  7  industry in this state and other interested parties and is

  8  authorized to enter into contracts, retain professional

  9  consulting services, and expend funds appropriated by the

10  Legislature for such purposes.

11

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

13         repeal of s. 20.17, which created the

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

15         Laws of Florida, and the replacement of the

16         department with Enterprise Florida, Inc., for

17         purposes of providing assistance in the area of

18         solar energy pursuant to s. 288.041.

19

20         Section 14.  Section 380.012, Florida Statutes, is

21  amended to read:

22         380.012  Short title.--Sections 380.012, 380.021,

23  380.031, 380.04, 380.05, 380.06, 380.07, and 380.08

24  380.012-380.10 shall be known and may be cited as "The Florida

25  Environmental Land and Water Management Act of 1972."

26

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

28         current sections comprising the referenced act

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

30

31

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  1         Section 15.  Paragraph (f) of subsection (10) of

  2  section 380.0555, Florida Statutes, is repealed, and

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

  4  section are amended to read:

  5         380.0555  Apalachicola Bay Area; protection and

  6  designation as area of critical state concern.--

  7         (10)  REQUIREMENTS; LOCAL GOVERNMENTS.--

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

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

10  determine their suitability as onsite sewage treatment

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

12  and the municipalities within it, after consultation with the

13  Department of Health and the Department of Environmental

14  Protection Regulation, shall develop a program designed to

15  correct any onsite sewage treatment systems that might

16  endanger the water quality of the bay.

17         2.  Franklin County and the municipalities within it

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

19  procedures implementing this program.  These procedures shall

20  include notification to owners of unacceptable septic tanks

21  and procedures for correcting unacceptable septic tanks.

22  These ordinances shall not be effective until approved by the

23  Department of Health and the Department of Environmental

24  Protection Regulation.

25         (d)  Franklin County and the municipalities within it

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

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

28  critical shoreline" within the Apalachicola Bay Area, which

29  ordinance shall not be effective until approved by the

30  Department of Health and the Department of Environmental

31  Protection Regulation.  Franklin County and the municipalities

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

  2  no longer grant permits for onsite wastewater disposal systems

  3  in pollution-sensitive segments of the critical shoreline,

  4  except for those onsite wastewater systems that will not

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

  6  shall not become effective until approved by the resource

  7  planning and management committee. Until such ordinances

  8  become effective, the Franklin County Health Department shall

  9  not give a favorable recommendation to the granting of a

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

11  79-8, adopted on June 22, 1979, by the Franklin County Board

12  of County Commissioners and filed with the Secretary of State

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

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

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

16  County Commissioners and filed with the Secretary of State on

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

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

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

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

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

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

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

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

25  Area.  The state land planning agency may prescribe additional

26  detailed information required to be reported.  Each report

27  shall be delivered to the resource planning and management

28  committee and the state land planning agency for review and

29  recommendations. The state land planning agency shall review

30  each report and consider such reports when making

31

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  1  recommendations to the Administration Commission pursuant to

  2  subsection (9).

  3

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

  5         related to a report to be submitted within 12

  6         months from June 18, 1985, is repealed because

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

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

  9         of all legal authority and action of the

10         Department of Environmental Regulation to the

11         Department of Environmental Protection by s. 3,

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

13         is amended to conform to the repeal of

14         paragraph (10)(f).

15

16         Section 16.  Paragraph (e) of subsection (1) of section

17  381.003, Florida Statutes, is amended to read:

18         381.003  Communicable disease and AIDS prevention and

19  control.--

20         (1)  The department shall conduct a communicable

21  disease prevention and control program as part of fulfilling

22  its public health mission. A communicable disease is any

23  disease caused by transmission of a specific infectious agent,

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

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

26  directly or indirectly. The communicable disease program must

27  include, but need not be limited to:

28         (e)  Programs for the prevention and control of

29  vaccine-preventable diseases, including programs to immunize

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

31  of an automated, electronic, and centralized database or

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  1  registry of immunizations. The department shall ensure that

  2  all children in this state are immunized against

  3  vaccine-preventable diseases. The immunization registry shall

  4  allow the department to enhance current immunization

  5  activities for the purpose of improving the immunization of

  6  all children in this state.

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

  8  department shall include all children born in this state in

  9  the immunization registry by using the birth records from the

10  Office of Vital Statistics. The department shall add other

11  children to the registry as immunization services are

12  provided.

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

14  have the child included in the immunization registry by

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

16  health care practitioner or entity that provides the

17  immunization, which indicates that the parent or guardian does

18  not wish to have the child included in the immunization

19  registry. The decision to not participate in the immunization

20  registry must be noted in the registry.

21         3.  The immunization registry shall allow for

22  immunization records to be electronically transferred to

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

24  including schools, licensed child care facilities, and any

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

26  child's immunizations.

27         4.  Any health care practitioner licensed under chapter

28  458, chapter 459, or chapter 464 in this state who complies

29  with rules adopted by the department to access the

30  immunization registry may, through the immunization registry,

31  directly access immunization records and update a child's

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  1  immunization history or exchange immunization information with

  2  another authorized practitioner, entity, or agency involved in

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

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

  5  address, and any other unique identifier necessary to

  6  correctly identify the child; the immunization record,

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

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

  9  reaction or contraindication related to the immunization.

10  Information received by the department for the immunization

11  registry retains its status as confidential medical

12  information and the department must maintain the

13  confidentiality of that information as otherwise required by

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

15  information from the immunization registry must maintain the

16  confidentiality of any medical records in accordance with s.

17  456.057 455.667 or as otherwise required by law.

18

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

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

21         79, ch. 2000-160, Laws of Florida.

22

23         Section 17.  Paragraph (e) of subsection (3) of section

24  381.004, Florida Statutes, is amended to read:

25         381.004  HIV testing.--

26         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED

27  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--

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

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

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

31  119.07(1).  No person who has obtained or has knowledge of a

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  1  test result pursuant to this section may disclose or be

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

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

  4  which permits identification of the subject of the test,

  5  except to the following persons:

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

  7  authorized representative.

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

  9  designated in a legally effective release of the test results

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

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

12  subject may in writing authorize the disclosure of the test

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

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

15  test subject subsequently issues a general release of medical

16  information.  A general release without such prior written

17  authorization is not sufficient to release HIV test results.

18         3.  An authorized agent or employee of a health

19  facility or health care provider if the health facility or

20  health care provider itself is authorized to obtain the test

21  results, the agent or employee participates in the

22  administration or provision of patient care or handles or

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

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

25  department shall adopt a rule defining which persons have a

26  need to know pursuant to this subparagraph.

27         4.  Health care providers consulting between themselves

28  or with health care facilities to determine diagnosis and

29  treatment. For purposes of this subparagraph, health care

30  providers shall include licensed health care professionals

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

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  1  detention facilities when such health care professionals are

  2  acting exclusively for the purpose of providing diagnoses or

  3  treatment of persons in the custody of such facilities.

  4         5.  The department, in accordance with rules for

  5  reporting and controlling the spread of disease, as otherwise

  6  provided by state law.

  7         6.  A health facility or health care provider which

  8  procures, processes, distributes, or uses:

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

10  respect to medical information regarding that person; or

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

12  purpose of artificial insemination.

13         7.  Health facility staff committees, for the purposes

14  of conducting program monitoring, program evaluation, or

15  service reviews pursuant to chapters 395 and 766.

16         8.  Authorized medical or epidemiological researchers

17  who may not further disclose any identifying characteristics

18  or information.

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

20  issued in compliance with the following provisions:

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

22  unless the court finds that the person seeking the test

23  results has demonstrated a compelling need for the test

24  results which cannot be accommodated by other means.  In

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

26  disclosure against the privacy interest of the test subject

27  and the public interest which may be disserved by disclosure

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

29  immunodeficiency virus-related testing or which may lead to

30  discrimination.  This paragraph shall not apply to blood bank

31  donor records.

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  1         b.  Pleadings pertaining to disclosure of test results

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

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

  4  true name shall be communicated confidentially in documents

  5  not filed with the court.

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

  7  provide the individual whose test result is in question with

  8  notice and a reasonable opportunity to participate in the

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

10         d.  Court proceedings as to disclosure of test results

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

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

13  determines that a public hearing is necessary to the public

14  interest and the proper administration of justice.

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

16  results, the court shall impose appropriate safeguards against

17  unauthorized disclosure which shall specify the persons who

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

19  information shall be used, and appropriate prohibitions on

20  future disclosure.

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

22  compensation claims of the Division of Workers' Compensation

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

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

25  she finds that the person seeking the test results has

26  demonstrated a compelling need for the test results which

27  cannot be accommodated by other means.

28         11.  Those employees of the department or of

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

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

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

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

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

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

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

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

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

  7  shall adopt a rule to implement this subparagraph.

  8         12.  Those employees of residential facilities or of

  9  community-based care programs that care for developmentally

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

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

12  and who have a need to know such information.

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

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

15  medical record.

16         14.  Medical personnel or nonmedical personnel who have

17  been subject to a significant exposure during the course of

18  medical practice or in the performance of professional duties,

19  or individuals who are the subject of the significant exposure

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

21         15.  The medical examiner shall disclose positive HIV

22  test results to the department in accordance with rules for

23  reporting and controlling the spread of disease.

24

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

26         error and facilitate correct interpretation.

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

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

29

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

31  Florida Statutes, is repealed.

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

  2         to a 2-year pilot program to provide outreach

  3         services to high-risk pregnant women in five

  4         specified counties, effective October 1, 1998.

  5

  6         Section 19.  Paragraph (t) of subsection (4) of section

  7  381.0065, Florida Statutes, is amended to read:

  8         381.0065  Onsite sewage treatment and disposal systems;

  9  regulation.--

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

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

12  onsite sewage treatment and disposal system without first

13  obtaining a permit approved by the department. The department

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

15  make the issuance of such permits contingent upon prior

16  approval by the Department of Environmental Protection. A

17  construction permit is valid for 18 months from the issuance

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

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

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

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

22  treatment unit or if the establishment generates commercial

23  waste. Buildings or establishments that use an aerobic

24  treatment unit or generate commercial waste shall be inspected

25  by the department at least annually to assure compliance with

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

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

28  annually.  If all information pertaining to the siting,

29  location, and installation conditions or repair of an onsite

30  sewage treatment and disposal system remains the same, a

31  construction or repair permit for the onsite sewage treatment

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

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

  3  ownership, an amended application providing all corrected

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

  5  no fee associated with the processing of this supplemental

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

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

  8  onsite sewage treatment and disposal system without being

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

10  who personally performs construction, maintenance, or repairs

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

12  single-family residence is exempt from registration

13  requirements for performing such construction, maintenance, or

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

15  requirements. A municipality or political subdivision of the

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

17  building that requires the use of an onsite sewage treatment

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

19  construction permit for such system from the department. A

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

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

22  authorize occupancy until the department approves the final

23  installation of the onsite sewage treatment and disposal

24  system. A municipality or political subdivision of the state

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

26  building that uses an onsite sewage treatment and disposal

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

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

29  operating permit.

30         (t)  Notwithstanding the provisions of subparagraph

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

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  1  located in floodways of the Suwannee and Aucilla Rivers must

  2  adhere to the following requirements:

  3         1.  The absorption surface of the drainfield shall not

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

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

  6  subdivision of land in accordance with applicable local

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

  8  applicant cannot construct a drainfield system with the

  9  absorption surface of the drainfield at an elevation equal to

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

11  permit for an onsite sewage treatment and disposal system

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

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

14  met:

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

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

17  above the 2-year flood elevation; and

18         c.  The applicant installs either:  a waterless,

19  incinerating, or organic waste composting toilet and a

20  graywater system and drainfield in accordance with department

21  rules; an aerobic treatment unit and drainfield in accordance

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

23  Office that is capable of reducing effluent nitrate by at

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

25  department pursuant to department rule other than a system

26  using alternative drainfield materials.  The United States

27  Department of Agriculture Soil Conservation Service soil maps,

28  State of Florida Water Management District data, and Federal

29  Emergency Management Agency Flood Insurance maps are resources

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

31

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

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

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

  4  system lies within a regulatory floodway of the Suwannee and

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

  6  does not coincide with the boundaries of the regulatory

  7  floodway, the regulatory floodway will be considered for the

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

  9  10-year flood elevation.

10

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

12         redesignation of paragraphs of subsection (4)

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

14

15         Section 20.  Subsections (1) and (3), paragraph (a) of

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

17  Florida Statutes, are amended to read:

18         381.0303  Health practitioner recruitment for special

19  needs shelters.--

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

21  designate the Department of Health, through its county health

22  departments, as the lead agency for coordination of the

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

24  456.001(4) 455.501(4), to staff special needs shelters in

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

26  department to carry out this responsibility. However, nothing

27  in this section prohibits a county health department from

28  entering into an agreement with a local emergency management

29  agency to assume the lead responsibility for recruiting health

30  care practitioners.

31

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

  2  Department of Health shall reimburse, subject to the

  3  availability of funds for this purpose, health care

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

  5  practitioner is not providing care to a patient under an

  6  existing contract, and emergency medical technicians and

  7  paramedics licensed pursuant to chapter 401 for medical care

  8  provided at the request of the department in special needs

  9  shelters or at other locations during times of emergency or

10  major disaster. Reimbursement for health care practitioners,

11  except for physicians licensed pursuant to chapter 458 or

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

13  such practitioners were paid according to the most recent

14  survey of Florida hospitals conducted by the Florida Hospital

15  Association. Reimbursement shall be requested on forms

16  prepared by the Department of Health. If a Presidential

17  Disaster Declaration has been made, and the Federal Government

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

19  reimbursement of eligible expenditures. In other situations,

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

21  reimbursement made pursuant to this section, the department

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

23  budget amendment to obtain reimbursement from the working

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

25  reimbursed pursuant to s. 112.061.

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

27  Department of Health may establish a special needs shelter

28  interagency committee, to be chaired and staffed by the

29  department. The committee shall resolve problems related to

30  special needs shelters not addressed in the state

31  comprehensive emergency medical plan and shall serve as an

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  1  oversight committee to monitor the planning and operation of

  2  special needs shelters.

  3         (a)  The committee may:

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

  5  concerning the roles and responsibilities of state agencies

  6  and other organizations that are necessary to implement the

  7  program.

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

  9  requiring additional legislation and funding.

10         1.3.  Develop and negotiate any necessary interagency

11  agreements.

12         2.4.  Undertake other such activities as the department

13  deems necessary to facilitate the implementation of this

14  section.

15         3.5.  Submit recommendations to the Legislature as

16  necessary.

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

18  submission of emergency management plans to county health

19  departments by home health agencies pursuant to s.

20  400.497(8)(c) and (d) 400.497(11)(c) and (d) and by nurse

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

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

23  receipt of an appropriation by the department to establish

24  medical services disaster coordinator positions in county

25  health departments unless the secretary of the department and

26  a local county commission jointly determine to require such

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

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

29  an emergency.

30

31

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

  2         amended to conform to the redesignation of s.

  3         455.501 as s. 456.001 by s. 36, ch. 2000-160,

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

  5         delete provisions that have served their

  6         purpose. Subsection (7) is amended to conform

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

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

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

10         160, ch. 2000-318, Laws of Florida.

11

12         Section 21.  Subsection (4) and paragraph (c) of

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

14  amended to read:

15         381.90  Health Information Systems Council; legislative

16  intent; creation, appointment, duties.--

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

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

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

20  1997, through December 31, 1998.  A member may be removed by

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

22  consecutive meetings.  Any member appointed to fill a vacancy

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

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

25  but are not limited to, the following:

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

27  planning among agencies that collect or maintain

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

29  implementation of this requirement to the Executive Office of

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

31  the House of Representatives by January 1, 2000.

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

  2         provisions.

  3

  4         Section 22.  Paragraph (g) of subsection (2) of section

  5  383.0112, Florida Statutes, is repealed.

  6

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

  8         a statewide symposium on responsible fatherhood

  9         to be held no later than December 1996.

10

11         Section 23.  Subsection (7) of section 383.50, Florida

12  Statutes, is amended to read:

13         383.50  Treatment of abandoned newborn infant.--

14         (7)  Upon admitting a newborn infant under this

15  section, the hospital shall immediately contact a local

16  licensed child-placing agency or alternatively contact the

17  statewide central abuse hotline for the name of a licensed

18  child-placing agency for purposes of transferring physical

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

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

21  left with the hospital and approximately when the licensed

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

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

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

25  professionals shall report the actual or suspected child abuse

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

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

28

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

30         error and conform to the correct citation of

31

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  1         the referenced material; there is no s.

  2         39.1023.

  3

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

  5  384.29, Florida Statutes, is amended to read:

  6         384.29  Confidentiality.--

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

  8  or its authorized representatives relating to known or

  9  suspected cases of sexually transmissible diseases are

10  strictly confidential and exempt from the provisions of s.

11  119.07(1).  Such information shall not be released or made

12  public by the department or its authorized representatives, or

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

14  subpoena, except under the following circumstances:

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

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

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

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

19

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

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

22         2, ch. 94-205, Laws of Florida.

23

24         Section 25.  Subsection (1) of section 393.0641,

25  Florida Statutes, is amended to read:

26         393.0641  Program for the prevention and treatment of

27  severe self-injurious behavior.--

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

29  specific appropriations, there is created a diagnostic,

30  treatment, training, and research program for clients

31

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  1  exhibiting severe self-injurious behavior.  This program

  2  shall:

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

  4  training, and program development.

  5         (b)  Research the diagnosis and treatment of severe

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

  7  methods of prevention and treatment of self-injurious

  8  behavior.

  9         (c)  Identify individuals in critical need.

10         (d)  Develop treatment programs which are meaningful to

11  individuals with developmental disabilities, in critical need,

12  while safeguarding and respecting the legal and human rights

13  of the individuals.

14         (e)  Disseminate research findings on the prevention

15  and treatment of severe self-injurious behavior.

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

17  demographics of individuals with severe self-injurious

18  behavior, and disseminate the data.

19

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

21         that has served its purpose.

22

23         Section 26.  Subsection (12) of section 394.875,

24  Florida Statutes, is amended to read:

25         394.875  Crisis stabilization units, residential

26  treatment facilities, and residential treatment centers for

27  children and adolescents; authorized services; license

28  required; penalties.--

29         (12)  Notwithstanding the other provisions of this

30  section, any facility licensed under former chapter chapters

31  396 and chapter 397 for detoxification, residential level I

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  1  care, and outpatient treatment may elect to license

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

  3  purpose and as a long-term residential treatment facility

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

  5  are met:

  6         (a)  The licensure application is received by the

  7  department prior to January 1, 1993.

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

  9  under former chapter chapters 396 and chapter 397 as a

10  facility for detoxification, residential level I care, and

11  outpatient treatment of substance abuse.

12         (c)  The facility restricted its practice to the

13  treatment of law enforcement personnel for a period of at

14  least 12 months beginning after January 1, 1992.

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

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

17  under former chapter chapters 396 and chapter 397 as of

18  January 1, 1993.

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

20  placed upon the license that the facility will limit its

21  treatment exclusively to law enforcement personnel and their

22  immediate families who are seeking admission on a voluntary

23  basis and who are exhibiting symptoms of posttraumatic stress

24  disorder or other mental health problems, including drug or

25  alcohol abuse, which are directly related to law enforcement

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

27  licensee agrees to coordinate the provision of appropriate

28  postresidential care for discharged individuals; and the

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

30  condition specified in this paragraph shall constitute grounds

31

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

  2  treatment facility.

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

  4  all licensure requirements for a residential treatment

  5  facility, including minimum standards for compliance with

  6  lifesafety requirements, except those licensure requirements

  7  which are in express conflict with the conditions and other

  8  provisions specified in this subsection.

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

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

11  acquiring the facility by any means.

12

13  Any facility licensed under this subsection is not required to

14  provide any services to any persons except those included in

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

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

17  of stay imposed on community-based residential treatment

18  facilities otherwise licensed under this chapter.

19

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

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

22         of Florida.

23

24         Section 27.  Effective July 1, 2001, paragraph (a) of

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

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

27  amended to read:

28         395.0163  Construction inspections; plan submission and

29  approval; fees.--

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

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

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  1  health care facilities are governed by the Florida Building

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

  3  633.022 663.022. In addition to the requirements of ss. 553.79

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

  5  the construction of any facility licensed under this chapter.

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

  7  inspections and investigations as it deems necessary. The

  8  agency may prescribe by rule that any licensee or applicant

  9  desiring to make specified types of alterations or additions

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

11  commencing such alteration, addition, or new construction,

12  submit plans and specifications therefor to the agency for

13  preliminary inspection and approval or recommendation with

14  respect to compliance with applicable provisions of the

15  Florida Building Code or agency rules and standards.  The

16  agency shall approve or disapprove the plans and

17  specifications within 60 days after receipt of the fee for

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

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

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

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

22  have approved the plans and specifications.  When the agency

23  disapproves plans and specifications, it shall set forth in

24  writing the reasons for its disapproval. Conferences and

25  consultations may be provided as necessary.

26

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

28         error and facilitate correct interpretation.

29         Section 663.022 does not exist. Section 633.022

30         relates to uniform firesafety standards.

31

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  1         Section 28.  Subsection (4) of section 395.4045,

  2  Florida Statutes, is amended to read:

  3         395.4045  Emergency medical service providers; trauma

  4  transport protocols; transport of trauma alert victims to

  5  trauma centers; interfacility transfer.--

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

  7  and the minimum criteria related to prehospital trauma

  8  transport, trauma center or hospital destination

  9  determinations, and interfacility trauma transfer transport by

10  an emergency medical services provider to be included in a

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

12  transport protocol and shall approve or disapprove each such

13  protocol. Trauma transport protocol rules pertaining to the

14  air transportation of trauma victims shall be consistent with,

15  but not limited to, applicable Federal Aviation Administration

16  regulation. Emergency medical services licensees and trauma

17  agencies shall be subject to monitoring by the department,

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

19  with requirements, as applicable, regarding trauma transport

20  protocols and the transport of trauma victims.

21

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

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

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

25

26         Section 29.  Paragraphs (c) and (g) of subsection (2)

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

28         395.602  Rural hospitals.--

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

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

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

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  1  395.002(12), that is inactive in that it cannot be occupied by

  2  acute care inpatients.

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

  4  interchangeably as either a hospital, skilled nursing facility

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

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

  7  442, and 447.

  8

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

10         conform to the redesignation of subunits of s.

11         395.002 to conform to s. 23, ch. 98-89, Laws of

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

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

14         to the correct citation to the referenced

15         material.

16

17         Section 30.  Paragraph (b) of subsection (2) of section

18  395.7015, Florida Statutes, is amended to read:

19         395.7015  Annual assessment on health care entities.--

20         (2)  There is imposed an annual assessment against

21  certain health care entities as described in this section:

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

23  entities" include the following:

24         1.  Ambulatory surgical centers and mobile surgical

25  facilities licensed under s. 395.003. This subsection shall

26  only apply to mobile surgical facilities operating under

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

28         2.  Clinical laboratories licensed under s. 483.091,

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

30  483.041(5), any clinical laboratory operated by the state or a

31  political subdivision of the state, any clinical laboratory

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

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

  3  receives 70 percent or more of its gross revenues from

  4  services to charity patients or Medicaid patients, and any

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

  6  distributing blood, plasma, or tissue either for future

  7  manufacture or research or distributed on a nonprofit basis,

  8  and further excluding any clinical laboratory which is wholly

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

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

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

12  is performed for patients referred by any health care provider

13  who is not a member of the same group.

14         3.  Diagnostic-imaging centers that are freestanding

15  outpatient facilities that provide specialized services for

16  the identification or determination of a disease through

17  examination and also provide sophisticated radiological

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

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

20  458.313, or s. 458.317, or by an osteopathic physician

21  licensed by the Board of Osteopathic Medicine under s.

22  459.006, s. 459.007, or s. 459.0075.  For purposes of this

23  paragraph, "sophisticated radiological services" means the

24  following:  magnetic resonance imaging; nuclear medicine;

25  angiography; arteriography; computed tomography; positron

26  emission tomography; digital vascular imaging; bronchography;

27  lymphangiography; splenography; ultrasound, excluding

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

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

30  physicians licensed under chapter 458 or chapter 459 who are

31  members of the same professional association and who practice

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  1  in the same medical specialties; and such other sophisticated

  2  radiological services, excluding mammography, as adopted in

  3  rule by the board.

  4

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

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

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

  8

  9         Section 31.  Section 397.405, Florida Statutes, is

10  reenacted to read:

11         397.405  Exemptions from licensure.--The following are

12  exempt from the licensing provisions of this chapter:

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

14  under chapter 395.

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

16  400.021(12).

17         (3)  A substance abuse education program established

18  pursuant to s. 233.061.

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

20  Government.

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

22  459.

23         (6)  A psychologist licensed under chapter 490.

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

25  mental health counselor licensed under chapter 491.

26         (8)  An established and legally cognizable church or

27  nonprofit religious organization, denomination, or sect

28  providing substance abuse services, including prevention

29  services, which are exclusively religious, spiritual, or

30  ecclesiastical in nature.  A church or nonprofit religious

31  organization, denomination, or sect providing any of the

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

  2  not exempt for purposes of its provision of such licensable

  3  service components but retains its exemption with respect to

  4  all services which are exclusively religious, spiritual, or

  5  ecclesiastical in nature.

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

  7  addition to providing services to persons who are

  8  developmentally disabled as defined therein, also provide

  9  services to persons developmentally at risk as a consequence

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

11  in utero.

12         (10)  DUI education and screening services required to

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

14  322.271, and 322.291 are exempt from licensure under this

15  chapter.  Treatment programs must continue to be licensed

16  under this chapter.

17

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

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

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

21  defined in this chapter or to any substance abuse program

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

23  chapter shall be construed to limit the practice of a

24  physician licensed under chapter 458 or chapter 459, a

25  psychologist licensed under chapter 490, or a psychotherapist

26  licensed under chapter 491, providing outpatient or inpatient

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

28  the physician, psychologist, or psychotherapist does not

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

30  provider under this act. Failure to comply with any

31  requirement necessary to maintain an exempt status under this

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

  2  provided in s. 775.082 or s. 775.083.

  3

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

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

  6         but failed to republish the flush left language

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

  8         affirmative evidence that the Legislature

  9         intended to repeal the flush left language, s.

10         397.405 is reenacted to confirm that the

11         omission was not intended.

12

13         Section 32.  Section 400.0091, Florida Statutes, is

14  amended to read:

15         400.0091  Training.--The ombudsman shall provide

16  appropriate training to all employees of the Office of State

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

18  care ombudsman councils, including all unpaid volunteers.  The

19  ombudsman shall implement the training program no later than

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

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

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

23  authorized ombudsman duty or responsibility unless the person

24  has received the training required by this section and has

25  been approved by the ombudsman as qualified to carry out

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

27  local long-term care ombudsman councils.

28

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

30         that has served its purpose.

31

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  1         Section 33.  Subsection (3) of section 400.022, Florida

  2  Statutes, is amended to read:

  3         400.022  Residents' rights.--

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

  5  in this section shall constitute grounds for action by the

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

  7  determine whether the licensee is adequately protecting

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

  9  include private informal conversations with a sample of

10  residents to discuss residents' experiences within the

11  facility with respect to rights specified in this section and

12  general compliance with standards, and consultation with the

13  ombudsman council in the local planning and service area of

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

15  located.

16

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

18         facilitate correct interpretation.

19

20         Section 34.  Subsection (4) of section 400.023, Florida

21  Statutes, is amended to read:

22         400.023  Civil enforcement.--

23         (4)  Claimants alleging a deprivation or infringement

24  of adequate and appropriate health care pursuant to s.

25  400.022(1)(l) 400.022(1)(k) which resulted in personal injury

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

27  which shall include a review by a licensed physician or

28  registered nurse familiar with the standard of nursing care

29  for nursing home residents pursuant to this part.  Any

30  complaint alleging such a deprivation or infringement shall be

31  accompanied by a verified statement from the reviewer that

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  1  there exists reason to believe that a deprivation or

  2  infringement occurred during the resident's stay at the

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

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

  5  to provide records in accordance with the requirements of this

  6  chapter shall waive the requirement of the verified statement.

  7

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

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

10         400.022(1)(l) by s. 3, ch. 93-217, Laws of

11         Florida.

12

13         Section 35.  Section 400.141, Florida Statutes, is

14  amended to read:

15         400.141  Administration and management of nursing home

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

17  applicable standards and rules of the agency and shall:

18         (1)  Be under the administrative direction and charge

19  of a licensed administrator.

20         (2)  Appoint a medical director licensed pursuant to

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

22  more specific criteria for the appointment of a medical

23  director.

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

25  emergency services of physicians licensed by the state.

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

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

28  contrary notwithstanding, a registered pharmacist licensed in

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

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

31  bulk prescription medication which has been packaged by

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  1  another pharmacist licensed in any state in the United States

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

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

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

  5  resident or the resident's spouse must receive prescription

  6  medication benefits provided through a former employer as part

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

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

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

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

11  pharmacist who correctly repackages and relabels the

12  medication and the nursing facility which correctly

13  administers such repackaged medication under the provisions of

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

15  administrative action arising from the repackaging. In order

16  to be eligible for the repackaging, a nursing facility

17  resident for whom the medication is to be repackaged shall

18  sign an informed consent form provided by the facility which

19  includes an explanation of the repackaging process and which

20  notifies the resident of the immunities from liability

21  provided herein. A pharmacist who repackages and relabels

22  prescription medications, as authorized under this subsection,

23  may charge a reasonable fee for costs resulting from the

24  implementation of this provision.

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

26  to dental and other health-related services, recreational

27  services, rehabilitative services, and social work services

28  appropriate to their needs and conditions and not directly

29  furnished by the licensee.  When a geriatric outpatient nurse

30  clinic is conducted in accordance with rules adopted by the

31  agency, outpatients attending such clinic shall not be counted

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

  2  facility, nor shall the nursing staff of the geriatric

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

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

  5  day.

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

  7  other needed services under certain conditions. If the

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

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

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

11  400.235, it may be encouraged by the agency to provide

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

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

14  facility.  A facility is not subject to any additional

15  licensure requirements for providing these services. Respite

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

17  temporary nursing home services. Respite care must be provided

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

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

20  requirements for resident assessment, resident care plans,

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

22  appropriate, for short-term or temporary nursing home

23  services.  The agency shall allow for shared programming and

24  staff in a facility which meets minimum standards and offers

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

26  cited for deficiencies in patient care, may require additional

27  staff and programs appropriate to the needs of service

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

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

30  facility's licensed capacity unless that person receives

31  24-hour respite care. A person receiving either respite care

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

  2  when calculating minimum staffing for the facility. Any costs

  3  and revenues generated by a nursing home facility from

  4  nonresidential programs or services shall be excluded from the

  5  calculations of Medicaid per diems for nursing home

  6  institutional care reimbursement.

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

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

  9  and is part of a retirement community that offers other

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

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

12  retirement community that uses this option must demonstrate

13  through staffing records that minimum staffing requirements

14  for the facility were exceeded.

15         (8)  Maintain the facility premises and equipment and

16  conduct its operations in a safe and sanitary manner.

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

18  wholesome and nourishing diet sufficient to meet generally

19  accepted standards of proper nutrition for its residents and

20  provide such therapeutic diets as may be prescribed by

21  attending physicians.  In making rules to implement this

22  subsection, the agency shall be guided by standards

23  recommended by nationally recognized professional groups and

24  associations with knowledge of dietetics.

25         (10)  Keep full records of resident admissions and

26  discharges; medical and general health status, including

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

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

29  responsibility for the affairs of the residents; and

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

31  prescribed services, service frequency and duration, and

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

  2  agency.

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

  4  conditions as may be necessary to provide information pursuant

  5  to this part.

  6         (12)  Furnish copies of personnel records for employees

  7  affiliated with such facility, to any other facility licensed

  8  by this state requesting this information pursuant to this

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

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

11  termination. Any facility releasing such records pursuant to

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

13  may not be held liable for information contained in such

14  records, absent a showing that the facility maliciously

15  falsified such records.

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

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

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

19  Agency for Health Care Administration consumer hotline, the

20  Advocacy Center for Persons with Disabilities, the Florida

21  Statewide Advocacy Council, and the Medicaid Fraud Control

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

23  expected from each.

24

25  Facilities that have been awarded a Gold Seal under the

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

27  provide certified nursing assistant training as prescribed by

28  federal regulations and state rules and may apply to the

29  agency for approval of their its program.

30

31

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

  2         facilitate correct interpretation.

  3

  4         Section 36.  Paragraph (a) of subsection (2) of section

  5  400.408, Florida Statutes, is amended to read:

  6         400.408  Unlicensed facilities; referral of person for

  7  residency to unlicensed facility; penalties; verification of

  8  licensure status.--

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

10  residency to an unlicensed assisted living facility; to an

11  assisted living facility the license of which is under denial

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

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

14  violates this subsection commits a noncriminal violation,

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

16  775.083.

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

18  456.001 455.501, which is aware of the operation of an

19  unlicensed facility shall report that facility to the agency.

20  Failure to report a facility that the practitioner knows or

21  has reasonable cause to suspect is unlicensed shall be

22  reported to the practitioner's licensing board.

23

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

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

26         36, ch. 2000-160, Laws of Florida.

27

28         Section 37.  Paragraph (b) of subsection (5) of section

29  400.464, Florida Statutes, is amended to read:

30         400.464  Home health agencies to be licensed;

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

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  1         (5)  The following are exempt from the licensure

  2  requirements of this part:

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

  4  either directly or through a contractor with:

  5         1.  The Department of Elderly Affairs.

  6         2.  The Department of Health, a community health

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

  8  for the purpose of providing environmental assessments, case

  9  management, health education, personal care services, family

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

11  monitoring and tracking disease.

12         3.  Services provided to persons who have developmental

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

14         4.  Companion and sitter organizations that were

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

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

17  under a developmental services provider certificate on January

18  1, 1999, may continue to provide such services to past,

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

20  services, notwithstanding the provisions of this act.

21         5.  The Department of Children and Family Services.

22

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

24         redesignation of subunits of s. 393.063 by s.

25         23, ch. 98-171, Laws of Florida.

26

27         Section 38.  Paragraph (d) of subsection (12) of

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

29         400.980  Health care services pools.--

30         (12)

31

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  1         (d)  If financial responsibility requirements are met

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

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

  4  judgment arising from a medical malpractice arbitration award

  5  from a claim of medical malpractice either in contract or

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

  7  agreement arising from a claim of medical malpractice either

  8  in contract or tort, the financial institution holding the

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

10  the claimant the entire amount of the judgment together with

11  all accrued interest or the amount maintained in the escrow

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

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

14  became final and subject to execution, unless otherwise

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

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

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

18  department through rule. Nothing in this paragraph shall

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

20  amount of any judgment.

21

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

23         facilitate correct interpretation. Rulemaking

24         authority relating to suspension of

25         registration is granted to the Agency for

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

27

28         Section 39.  Subsection (2) of section 402.166, Florida

29  Statutes, is amended to read:

30         402.166  Florida local advocacy councils; confidential

31  records and meetings.--

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

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

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

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

  5  may be an immediate relative or legal representative of a

  6  current or former client; two providers who deliver client

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

  8  of professional organizations, one of whom represents the

  9  health-related professions and one of whom represents the

10  legal profession. Priority of consideration shall be given to

11  the appointment of at least one medical or osteopathic

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

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

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

15  receiving client services and whose primary interest,

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

17  represented on the council committee at the time of the

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

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

20  than three individuals who are providing contracted services

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

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

23  consanguinity or affinity within the third degree may not

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

25  of local councils must successfully complete a standardized

26  training course for council members within 3 months after

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

28  assigned to an investigation that requires access to

29  confidential information prior to the completion of the

30  training course.  After he or she completes the required

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

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  1  prevented from participating in any activity of that local

  2  council, including investigations and monitoring, except due

  3  to a conflict of interest as described in the procedures

  4  established by the statewide council pursuant to subsection

  5  (7).

  6

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

  8         redesignation of district human rights advocacy

  9         committees as local advocacy councils by s. 3,

10         ch. 2000-263, Laws of Florida.

11

12         Section 40.  Paragraph (b) of subsection (4) of section

13  402.28, Florida Statutes, is amended to read:

14         402.28  Child Care Plus.--

15         (4)

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

17  representing a network of family day care homes wishing to

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

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

20  1990.  Thereafter, each such facility, home, or agency wishing

21  to apply for continued funding through an annual Child Care

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

23  of each year.

24

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

26         that has served its purpose.

27

28         Section 41.  Paragraph (b) of subsection (2) of section

29  402.50, Florida Statutes, is repealed, and paragraph (a) of

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

31

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  1         402.50  Administrative infrastructure; legislative

  2  intent; establishment of standards.--

  3         (2)  ADMINISTRATIVE INFRASTRUCTURE STANDARDS.--

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

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

  6  and Budgeting, shall develop standards for administrative

  7  infrastructure funding and staffing to support the department

  8  and contract service providers in the execution of their

  9  duties and responsibilities.  A report of recommended

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

11  the Senate, the Speaker of the House of Representatives, the

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

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

14

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

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

17         provides that the former Department of Health

18         and Rehabilitative Services was to submit, by

19         October 1, 1991, a task analysis,

20         implementation plan, and schedule for

21         development of administrative infrastructure

22         standards to the Economic and Demographic

23         Research Division of the former Joint

24         Legislative Management Committee, which entity

25         was to review and submit comments regarding

26         same to the appropriations committees by

27         December 1, 1991.

28

29         Section 42.  Paragraph (a) of subsection (13) of

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

31

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  1         403.031  Definitions.--In construing this chapter, or

  2  rules and regulations adopted pursuant hereto, the following

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

  4  indicates, have the following meanings:

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

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

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

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

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

10  to possible discharge on other property or water. Underground

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

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

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

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

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

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

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

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

19  1, Art. II of the State Constitution. Solely for purposes of

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

21  bounded by the following:

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

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

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

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

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

27  From said point of beginning, thence run northwesterly along

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

29  18, township 58 south, range 39 east; thence run westerly to a

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

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

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  1  boundary of the Everglades National Park; thence run north

  2  along the east boundary of the aforementioned Everglades

  3  National Park to a point marking the northeast corner of

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

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

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

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

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

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

10  section 16; thence leaving the Everglades National Park

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

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

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

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

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

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

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

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

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

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

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

22  15; thence run northerly along said line to the point of

23  intersection with the north line of section 15; thence

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

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

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

27  2; thence run easterly along the north lines of sections 2 and

28  1 to the northeast corner of section 1, township 56 south,

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

30  36, township 55 south, range 37 east to the northeast corner

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

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  1  36 to the northwest corner of section 36; thence run north

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

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

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

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

  6  23; thence run easterly along the north line of section 23 to

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

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

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

10  of intersection with the west line of the southeast

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

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

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

14  thence run east along the north line of the southeast

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

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

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

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

19  thence run north along the east line of the northwest

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

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

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

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

24  thence run east along the north lines of the southeast

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

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

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

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

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

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

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

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

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

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

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

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

  6  thence run easterly along the north line of the southwest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

28  the southeast corner of section 2, township 54 south, range 38

29  east; thence run northeasterly, northerly, and northeasterly

30  along Levee L-30 to a point of intersection with the

31  Dade/Broward Levee, said intersection located near the

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  1  northeast corner of section 17, township 52 south, range 39

  2  east; thence run due east to a point of intersection with SRD

  3  27 (Krome Ave.); thence run northeasterly along SRD 27 to an

  4  intersection with SRD 25 (U.S. 27), said intersection located

  5  in section 3, township 52 south, range 39 east; thence run

  6  northerly along said SRD 25, entering into Broward County, to

  7  an intersection with SRD 84 at Andytown; thence run

  8  southeasterly along the aforementioned SRD 84 to an

  9  intersection with the southwesterly prolongation of Levee

10  L-35A, said intersection being located in the northeast

11  one-quarter of section 5, township 50 south, range 40 east;

12  thence run northeasterly along Levee L-35A to an intersection

13  of Levee L-36, said intersection located near the southeast

14  corner of section 12, township 49 south, range 40 east; thence

15  run northerly along Levee L-36, entering into Palm Beach

16  County, to an intersection common to said Levees L-36, L-39,

17  and L-40, said intersection located near the west quarter

18  corner of section 19, township 47 south, range 41 east; thence

19  run northeasterly, easterly, and northerly along Levee L-40,

20  said Levee L-40 being the easterly boundary of the Loxahatchee

21  National Wildlife Refuge, to an intersection with SRD 80 (U.S.

22  441), said intersection located near the southeast corner of

23  section 32, township 43 south, range 40 east; thence run

24  westerly along the aforementioned SRD 80 to a point marking

25  the intersection of said road and the northeasterly

26  prolongation of Levee L-7, said Levee L-7 being the westerly

27  boundary of the Loxahatchee National Wildlife Refuge; thence

28  run southwesterly and southerly along said Levee L-7 to an

29  intersection common to Levees L-7, L-15 (Hillsborough Canal),

30  and L-6; thence run southwesterly along Levee L-6 to an

31  intersection common to Levee L-6, SRD 25 (U.S. 27), and Levee

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  1  L-5, said intersection being located near the northwest corner

  2  of section 27, township 47 south, range 38 east; thence run

  3  westerly along the aforementioned Levee L-5 to a point

  4  intersecting the east line of range 36 east; thence run

  5  northerly along said range line to a point marking the

  6  northeast corner of section 1, township 47 south, range 36

  7  east; thence run westerly along the north line of township 47

  8  south, to an intersection with Levee L-23/24 (Miami Canal);

  9  thence run northwesterly along the Miami Canal Levee to a

10  point intersecting the north line of section 22, township 46

11  south, range 35 east; thence run westerly to a point marking

12  the northwest corner of section 21, township 46 south, range

13  35 east; thence run southerly to the southwest corner of said

14  section 21; thence run westerly to a point marking the

15  northwest corner of section 30, township 46 south, range 35

16  east, said point also being on the line dividing Palm Beach

17  and Hendry Counties; from said point, thence run southerly

18  along said county line to a point marking the intersection of

19  Broward, Hendry, and Collier Counties, said point also being

20  the northeast corner of section 1, township 49 south, range 34

21  east; thence run westerly along the line dividing Hendry and

22  Collier Counties and continuing along the prolongation thereof

23  to a point marking the southwest corner of section 36,

24  township 48 south, range 29 east; thence run southerly to a

25  point marking the southwest corner of section 12, township 49

26  south, range 29 east; thence run westerly to a point marking

27  the southwest corner of section 10, township 49 south, range

28  29 east; thence run southerly to a point marking the southwest

29  corner of section 15, township 49 south, range 29 east; thence

30  run westerly to a point marking the northwest corner of

31  section 24, township 49 south, range 28 east, said point lying

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  1  on the west boundary of the Big Cypress Area of Critical State

  2  Concern as described in rule 28-25.001 27F-3, Florida

  3  Administrative Code; thence run southerly along said boundary

  4  crossing SRD 84 (Alligator Alley) to a point marking the

  5  southwest corner of section 24, township 50 south, range 28

  6  east; thence leaving the aforementioned west boundary of the

  7  Big Cypress Area of Critical State Concern run easterly to a

  8  point marking the northeast corner of section 25, township 50

  9  south, range 28 east; thence run southerly along the east line

10  of range 28 east to a point lying approximately 0.15 miles

11  south of the northeast corner of section 1, township 52 south,

12  range 28 east; thence run southwesterly 2.4 miles more or less

13  to an intersection with SRD 90 (U.S. 41 Tamiami Trail), said

14  intersection lying 1.1 miles more or less west of the east

15  line of range 28 east; thence run northwesterly and westerly

16  along SRD 90 to an intersection with the west line of section

17  10, township 52 south, range 28 east; thence leaving SRD 90

18  run southerly to a point marking the southwest corner of

19  section 15, township 52 south, range 28 east; thence run

20  westerly crossing the Faka Union Canal 0.6 miles more or less

21  to a point; thence run southerly and parallel to the Faka

22  Union Canal to a point located on the mean high-water line of

23  Faka Union Bay; thence run southeasterly along the mean

24  high-water line of the various bays, rivers, inlets, and

25  streams to the point of beginning.

26

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

28         redesignation of rule 27F-3 as rule 28-25.001,

29         Florida Administrative Code.

30

31

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  1         Section 43.  Subsection (4) of section 403.714, Florida

  2  Statutes, is amended to read:

  3         403.714  Duties of state agencies.--

  4         (4)  The Department of Agriculture and Consumer

  5  Services, in consultation with the Department of

  6  Transportation, the Department of Commerce, and the

  7  department, and appropriate trade associations, shall

  8  undertake to stimulate the development of sustainable state

  9  markets for compost through demonstration projects and other

10  approaches the Department of Agriculture and Consumer Services

11  may develop.

12

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

14         language. Section 20.17, which created the

15         Department of Commerce, was repealed by s. 3,

16         ch. 96-320, Laws of Florida.

17

18         Section 44.  Paragraph (b) of subsection (3) of section

19  403.718, Florida Statutes, is amended to read:

20         403.718  Waste tire fees.--

21         (3)

22         (b)  The Department of Revenue, under the applicable

23  rules of the Career Service Commission, is authorized to

24  employ persons and incur other expenses for which funds are

25  appropriated by the Legislature.  The department is empowered

26  to adopt such rules and shall prescribe and publish such forms

27  as may be necessary to effectuate the purposes of this

28  section. The department is authorized to establish audit

29  procedures and to assess delinquent fees.

30

31

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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 45.  Subsection (5) of section 403.7191,

  7  Florida Statutes, is amended to read:

  8         403.7191  Toxics in packaging.--

  9         (5)  CERTIFICATE OF COMPLIANCE.--Each manufacturer or

10  distributor of a package or packaging component shall provide,

11  if required, to the purchaser of such package or packaging

12  component, a certificate of compliance stating that the

13  package or packaging component is in compliance with the

14  provisions of this section.  If compliance is achieved under

15  any of the exemptions provided in paragraph (4)(b) or

16  paragraph (4)(c), the certificate shall state the specific

17  basis upon which the exemption is claimed.  The certificate of

18  compliance shall be signed by an authorized official of the

19  manufacturing or distributing company.  The manufacturer or

20  distributor shall retain the certificate of compliance for as

21  long as the package or packaging component is in use.  A copy

22  of the certificate of compliance shall be kept on file by the

23  manufacturer or distributor of the package or packaging

24  component for at least 3 years from the date of the last sale

25  or distribution by the manufacturer or distributor.

26  Certificates of compliance, or copies thereof, shall be

27  furnished within 60 days to the department upon the

28  department's request.  If the manufacturer or distributor of

29  the package or packaging component reformulates or creates a

30  new package or packaging component, including a reformulation

31  or creation to meet the maximum levels set forth in subsection

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  1  (3), the manufacturer or distributor shall provide an amended

  2  or new certificate of compliance for the reformulated or new

  3  package or packaging component.

  4

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

  6         repeal of paragraph (4)(c) by s. 41, ch. 99-5,

  7         Laws of Florida.

  8

  9         Section 46.  Subsection (7) of section 403.7192,

10  Florida Statutes, is amended to read:

11         403.7192  Batteries; requirements for consumer,

12  manufacturers, and sellers; penalties.--

13         (7)  On or before October 7, 1997, and annually

14  thereafter, for a period of 3 years, cell manufacturers and

15  marketers or their representative organization shall report to

16  the department plans for the implementation of the

17  requirements under subsection (6). The reports shall include

18  estimates of the cadmium disposal reductions. Representative

19  organizations of manufacturers shall supply to the department

20  a list of those organization members for whom the association

21  is conducting the unit management program.

22

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

24         that has served its purpose.

25

26         Section 47.  Subsections (3), (4), and (5) of section

27  408.02, Florida Statutes, are amended to read:

28         408.02  Practice parameters.--

29         (3)  The agency shall summarize the effectiveness and

30  cost of care outcomes for each diagnosis by hospital, by

31  district, by region, and across the state, as well as by any

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  1  other grouping which will facilitate the development of

  2  clinically relevant practice parameters.  The agency shall

  3  make the report available to the public and all hospitals

  4  throughout the state on an annual basis beginning December 31,

  5  1994.  The agency shall also make detail data submitted

  6  pursuant to subsection (2) (3) available for analysis by

  7  others, subject to protection of confidentiality pursuant to

  8  s. 408.061.

  9         (4)  The agency, in conjunction with the Florida

10  Medical Association, the Florida Chiropractic Association, the

11  Florida Osteopathic Medical Association, the Florida Podiatric

12  Medical Association, and other health professional

13  associations, and in conjunction with the respective boards

14  within the Division of Medical Quality Assurance, shall

15  develop and may adopt by rule state practice parameters based

16  on the data received under subsection (3) (4) as well as on

17  nationally developed practice guidelines.  However, practice

18  parameters adopted by rule shall not provide grounds for any

19  administrative action.  The agency shall prioritize the

20  development of those practice parameters which involve the

21  greatest utilization of resources either because they are the

22  most costly or because they are the most frequently performed.

23  Prior to the development of practice parameters under this

24  subsection, the agency in conjunction with the various health

25  professional associations may proceed with the development of

26  state practice parameters based on nationally developed

27  practice guidelines.

28         (5)  The agency, in conjunction with the appropriate

29  health professional associations shall develop and may adopt

30  by rule practice parameters for services provided by

31  diagnostic-imaging centers, radiation therapy services,

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  1  clinical laboratory services, physical therapy services, and

  2  comprehensive rehabilitative services.  Practice parameters

  3  applicable to diagnostic-imaging services shall be developed

  4  by December 31, 1993.

  5

  6         Reviser's note.--Subsections (3) and (4) are

  7         amended to conform to the redesignation of

  8         subunits of s. 408.02 necessitated by the

  9         repeal of former subsection (2) by s. 22, ch.

10         95-146, Laws of Florida. Subsection (5) is

11         amended to delete a provision that has served

12         its purpose.

13

14         Section 48.  Section 408.0361, Florida Statutes, is

15  amended to read:

16         408.0361  Diagnostic cardiac catheterization services

17  providers; compliance with guidelines and requirements.--Each

18  provider of diagnostic cardiac catheterization services shall

19  comply with the requirements of s. 408.036(3)(i)2.a.-d.

20  408.036(3)(n)2.a.-d., and rules of the Agency for Health Care

21  Administration governing the operation of adult inpatient

22  diagnostic cardiac catheterization programs, including the

23  most recent guidelines of the American College of Cardiology

24  and American Heart Association Guidelines for Cardiac

25  Catheterization and Cardiac Catheterization Laboratories.

26

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

28         redesignation of paragraphs of s. 408.036(3) by

29         s. 7, ch. 2000-256, Laws of Florida, and s. 8,

30         ch. 2000-318, Laws of Florida.

31

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  1         Section 49.  Paragraph (c) of subsection (3) of section

  2  409.145, Florida Statutes, is amended to read:

  3         409.145  Care of children.--

  4         (3)

  5         (c)1.  The department is authorized to provide the

  6  services of the children's foster care program to an

  7  individual who is enrolled full-time in a postsecondary

  8  vocational-technical education program, full-time in a

  9  community college program leading toward a vocational degree

10  or an associate degree, or full-time in a university or

11  college, if the following requirements are met:

12         a.  The individual was committed to the legal custody

13  of the department for placement in foster care as a dependent

14  child;

15         b.  The permanency planning goal pursuant to part VIII

16  VII of chapter 39 for the individual is long-term foster care

17  or independent living;

18         c.  The individual has been accepted for admittance to

19  a postsecondary vocational-technical education program, to a

20  community college, or to a university or college;

21         d.  All other resources have been thoroughly explored,

22  and it can be clearly established that there are no

23  alternative resources for placement; and

24         e.  A written service agreement which specifies

25  responsibilities and expectations for all parties involved has

26  been signed by a representative of the department, the

27  individual, and the foster parent or licensed child-caring

28  agency providing the placement resources, if the individual is

29  to continue living with the foster parent or placement

30  resource while attending a postsecondary vocational-technical

31  education program, community college, or university or

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  1  college.  An individual who is to be continued in or placed in

  2  independent living shall continue to receive services

  3  according to the independent living program and agreement of

  4  responsibilities signed by the department and the individual.

  5         2.  Any provision of this chapter or any other law to

  6  the contrary notwithstanding, when an individual who meets the

  7  requirements of subparagraph 1. is in attendance at a

  8  community college, college, or university, the department may

  9  make foster care payments to such community college, college,

10  or university in lieu of payment to the foster parents or

11  individual, for the purpose of room and board, if not

12  otherwise provided, but such payments shall not exceed the

13  amount that would have been paid to the foster parents had the

14  individual remained in the foster home.

15         3.  The services of the foster care program shall

16  continue only for an individual under this paragraph who is a

17  full-time student but shall continue for not more than:

18         a.  Two consecutive years for an individual in a

19  postsecondary vocational-technical education program;

20         b.  Two consecutive years or four semesters for an

21  individual enrolled in a community college unless the

22  individual is participating in college preparatory instruction

23  or is requiring additional time to complete the college-level

24  communication and computation skills testing program, in which

25  case such services shall continue for not more than 3

26  consecutive years or six semesters; or

27         c.  Four consecutive years, 8 semesters, or 12 quarters

28  for an individual enrolled in a college or university unless

29  the individual is participating in college-preparatory

30  instruction or is requiring additional time to complete the

31  college-level communication and computation skills testing

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  1  programs, in which case such services shall continue for not

  2  more than 5 consecutive years, 10 semesters, or 15 quarters.

  3         4.a.  As a condition for continued foster care

  4  services, an individual shall have earned a grade point

  5  average of at least 2.0 on a 4.0 scale for the previous term,

  6  maintain at least an overall grade point average of 2.0 for

  7  only the previous term, and be eligible for continued

  8  enrollment in the institution.  If the postsecondary

  9  vocational-technical school program does not operate on a

10  grade point average as described above, then the individual

11  shall maintain a standing equivalent to the 2.0 grade point

12  average.

13         b.  Services shall be terminated upon completion of,

14  graduation from, or withdrawal or permanent expulsion from a

15  postsecondary vocational-technical education program,

16  community college, or university or college.  Services shall

17  also be terminated for failure to maintain the required level

18  of academic achievement.

19

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

21         redesignation of part VII of chapter 39 as part

22         VIII by s. 22, ch. 2000-139, Laws of Florida.

23

24         Section 50.  Section 409.1685, Florida Statutes, is

25  amended to read:

26         409.1685  Children in foster care; annual report to

27  Legislature.--The Department of Children and Family Services

28  shall submit a written report to the substantive committees of

29  the Legislature concerning the status of children in foster

30  care and concerning the judicial review mandated by part X

31  VIII of chapter 39.  This report shall be submitted by March 1

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  1  of each year and shall include the following information for

  2  the prior calendar year:

  3         (1)  The number of 6-month and annual judicial reviews

  4  completed during that period.

  5         (2)  The number of children in foster care returned to

  6  a parent, guardian, or relative as a result of a 6-month or

  7  annual judicial review hearing during that period.

  8         (3)  The number of termination of parental rights

  9  proceedings instituted during that period which shall include:

10         (a)  The number of termination of parental rights

11  proceedings initiated pursuant to s. 39.703; and

12         (b)  The total number of terminations of parental

13  rights ordered.

14         (4)  The number of foster care children placed for

15  adoption during that period.

16

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

18         redesignation of part VIII of chapter 39 as

19         part X by s. 22, ch. 2000-139, Laws of Florida.

20

21         Section 51.  Paragraph (a) of subsection (1) and

22  paragraph (b) of subsection (2) of section 409.908, Florida

23  Statutes, are amended to read:

24         409.908  Reimbursement of Medicaid providers.--Subject

25  to specific appropriations, the agency shall reimburse

26  Medicaid providers, in accordance with state and federal law,

27  according to methodologies set forth in the rules of the

28  agency and in policy manuals and handbooks incorporated by

29  reference therein.  These methodologies may include fee

30  schedules, reimbursement methods based on cost reporting,

31  negotiated fees, competitive bidding pursuant to s. 287.057,

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  1  and other mechanisms the agency considers efficient and

  2  effective for purchasing services or goods on behalf of

  3  recipients.  Payment for Medicaid compensable services made on

  4  behalf of Medicaid eligible persons is subject to the

  5  availability of moneys and any limitations or directions

  6  provided for in the General Appropriations Act or chapter 216.

  7  Further, nothing in this section shall be construed to prevent

  8  or limit the agency from adjusting fees, reimbursement rates,

  9  lengths of stay, number of visits, or number of services, or

10  making any other adjustments necessary to comply with the

11  availability of moneys and any limitations or directions

12  provided for in the General Appropriations Act, provided the

13  adjustment is consistent with legislative intent.

14         (1)  Reimbursement to hospitals licensed under part I

15  of chapter 395 must be made prospectively or on the basis of

16  negotiation.

17         (a)  Reimbursement for inpatient care is limited as

18  provided for in s. 409.905(5), except for:

19         1.  The raising of rate reimbursement caps, excluding

20  rural hospitals.

21         2.  Recognition of the costs of graduate medical

22  education.

23         3.  Other methodologies recognized in the General

24  Appropriations Act.

25

26  During the years funds are transferred from the Board of

27  Regents, any reimbursement supported by such funds shall be

28  subject to certification by the Board of Regents that the

29  hospital has complied with s. 381.0403. The agency is

30  authorized to receive funds from state entities, including,

31  but not limited to, the Board of Regents, local governments,

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  1  and other local political subdivisions, for the purpose of

  2  making special exception payments, including federal matching

  3  funds, through the Medicaid inpatient reimbursement

  4  methodologies. Funds received from state entities or local

  5  governments for this purpose shall be separately accounted for

  6  and shall not be commingled with other state or local funds in

  7  any manner. Notwithstanding this section and s. 409.915,

  8  counties are exempt from contributing toward the cost of the

  9  special exception reimbursement for hospitals serving a

10  disproportionate share of low-income persons and providing

11  graduate medical education.

12         (2)

13         (b)  Subject to any limitations or directions provided

14  for in the General Appropriations Act, the agency shall

15  establish and implement a Florida Title XIX Long-Term Care

16  Reimbursement Plan (Medicaid) for nursing home care in order

17  to provide care and services in conformance with the

18  applicable state and federal laws, rules, regulations, and

19  quality and safety standards and to ensure that individuals

20  eligible for medical assistance have reasonable geographic

21  access to such care. Under the plan, interim rate adjustments

22  shall not be granted to reflect increases in the cost of

23  general or professional liability insurance for nursing homes

24  unless the following criteria are met: have at least a 65

25  percent Medicaid utilization in the most recent cost report

26  submitted to the agency, and the increase in general or

27  professional liability costs to the facility for the most

28  recent policy period affects the total Medicaid per diem by at

29  least 5 percent. This rate adjustment shall not result in the

30  per diem exceeding the class ceiling. This provision shall

31  apply only to fiscal year 2000-2001 and shall be implemented

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  1  to the extent existing appropriations are available. The

  2  agency shall report to the Governor, the Speaker of the House

  3  of Representatives, and the President of the Senate by

  4  December 31, 2000, on the cost of liability insurance for

  5  Florida nursing homes for fiscal years 1999 and 2000 and the

  6  extent to which these costs are not being compensated by the

  7  Medicaid program. Medicaid-participating nursing homes shall

  8  be required to report to the agency information necessary to

  9  compile this report. Effective no earlier than the

10  rate-setting period beginning April 1, 1999, the agency shall

11  establish a case-mix reimbursement methodology for the rate of

12  payment for long-term care services for nursing home

13  residents. The agency shall compute a per diem rate for

14  Medicaid residents, adjusted for case mix, which is based on a

15  resident classification system that accounts for the relative

16  resource utilization by different types of residents and which

17  is based on level-of-care data and other appropriate data. The

18  case-mix methodology developed by the agency shall take into

19  account the medical, behavioral, and cognitive deficits of

20  residents. In developing the reimbursement methodology, the

21  agency shall evaluate and modify other aspects of the

22  reimbursement plan as necessary to improve the overall

23  effectiveness of the plan with respect to the costs of patient

24  care, operating costs, and property costs. In the event

25  adequate data are not available, the agency is authorized to

26  adjust the patient's care component or the per diem rate to

27  more adequately cover the cost of services provided in the

28  patient's care component. The agency shall work with the

29  Department of Elderly Affairs, the Florida Health Care

30  Association, and the Florida Association of Homes for the

31  Aging in developing the methodology. It is the intent of the

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  1  Legislature that the reimbursement plan achieve the goal of

  2  providing access to health care for nursing home residents who

  3  require large amounts of care while encouraging diversion

  4  services as an alternative to nursing home care for residents

  5  who can be served within the community. The agency shall base

  6  the establishment of any maximum rate of payment, whether

  7  overall or component, on the available moneys as provided for

  8  in the General Appropriations Act. The agency may base the

  9  maximum rate of payment on the results of scientifically valid

10  analysis and conclusions derived from objective statistical

11  data pertinent to the particular maximum rate of payment.

12

13         Reviser's note.--Paragraph (1)(a) is amended to

14         improve clarity and facilitate correct

15         interpretation. Paragraph (2)(b) is amended to

16         delete a provision that has served its purpose.

17

18         Section 52.  Paragraph (b) of subsection (3) of section

19  409.912, Florida Statutes, is amended to read:

20         409.912  Cost-effective purchasing of health care.--The

21  agency shall purchase goods and services for Medicaid

22  recipients in the most cost-effective manner consistent with

23  the delivery of quality medical care.  The agency shall

24  maximize the use of prepaid per capita and prepaid aggregate

25  fixed-sum basis services when appropriate and other

26  alternative service delivery and reimbursement methodologies,

27  including competitive bidding pursuant to s. 287.057, designed

28  to facilitate the cost-effective purchase of a case-managed

29  continuum of care. The agency shall also require providers to

30  minimize the exposure of recipients to the need for acute

31

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  1  inpatient, custodial, and other institutional care and the

  2  inappropriate or unnecessary use of high-cost services.

  3         (3)  The agency may contract with:

  4         (b)  An entity that is providing comprehensive

  5  behavioral health care services to certain Medicaid recipients

  6  through a capitated, prepaid arrangement pursuant to the

  7  federal waiver provided for by s. 409.905(5). Such an entity

  8  must be licensed under chapter 624, chapter 636, or chapter

  9  641 and must possess the clinical systems and operational

10  competence to manage risk and provide comprehensive behavioral

11  health care to Medicaid recipients. As used in this paragraph,

12  the term "comprehensive behavioral health care services" means

13  covered mental health and substance abuse treatment services

14  that are available to Medicaid recipients. The secretary of

15  the Department of Children and Family Services Families shall

16  approve provisions of procurements related to children in the

17  department's care or custody prior to enrolling such children

18  in a prepaid behavioral health plan. Any contract awarded

19  under this paragraph must be competitively procured. In

20  developing the behavioral health care prepaid plan procurement

21  document, the agency shall ensure that the procurement

22  document requires the contractor to develop and implement a

23  plan to ensure compliance with s. 394.4574 related to services

24  provided to residents of licensed assisted living facilities

25  that hold a limited mental health license. The agency must

26  ensure that Medicaid recipients have available the choice of

27  at least two managed care plans for their behavioral health

28  care services. The agency may reimburse for

29  substance-abuse-treatment services on a fee-for-service basis

30  until the agency finds that adequate funds are available for

31  capitated, prepaid arrangements.

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  1         1.  By January 1, 2001, the agency shall modify the

  2  contracts with the entities providing comprehensive inpatient

  3  and outpatient mental health care services to Medicaid

  4  recipients in Hillsborough, Highlands, Hardee, Manatee, and

  5  Polk Counties, to include substance-abuse-treatment services.

  6         2.  By December 31, 2001, the agency shall contract

  7  with entities providing comprehensive behavioral health care

  8  services to Medicaid recipients through capitated, prepaid

  9  arrangements in Charlotte, Collier, DeSoto, Escambia, Glades,

10  Hendry, Lee, Okaloosa, Pasco, Pinellas, Santa Rosa, Sarasota,

11  and Walton Counties. The agency may contract with entities

12  providing comprehensive behavioral health care services to

13  Medicaid recipients through capitated, prepaid arrangements in

14  Alachua County. The agency may determine if Sarasota County

15  shall be included as a separate catchment area or included in

16  any other agency geographic area.

17         3.  Children residing in a Department of Juvenile

18  Justice residential program approved as a Medicaid behavioral

19  health overlay services provider shall not be included in a

20  behavioral health care prepaid health plan pursuant to this

21  paragraph.

22         4.  In converting to a prepaid system of delivery, the

23  agency shall in its procurement document require an entity

24  providing comprehensive behavioral health care services to

25  prevent the displacement of indigent care patients by

26  enrollees in the Medicaid prepaid health plan providing

27  behavioral health care services from facilities receiving

28  state funding to provide indigent behavioral health care, to

29  facilities licensed under chapter 395 which do not receive

30  state funding for indigent behavioral health care, or

31

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  1  reimburse the unsubsidized facility for the cost of behavioral

  2  health care provided to the displaced indigent care patient.

  3         5.  Traditional community mental health providers under

  4  contract with the Department of Children and Family Services

  5  Families pursuant to part IV of chapter 394 and inpatient

  6  mental health providers licensed pursuant to chapter 395 must

  7  be offered an opportunity to accept or decline a contract to

  8  participate in any provider network for prepaid behavioral

  9  health services.

10

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

12         official title of the department pursuant to s.

13         20.19.

14

15         Section 53.  Subsection (1) of section 409.9122,

16  Florida Statutes, is reenacted to read:

17         409.9122  Mandatory Medicaid managed care enrollment;

18  programs and procedures.--

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

20  MediPass program be cost-effective, provide quality health

21  care, and improve access to health services, and that the

22  program be statewide.

23

24         Reviser's note.--Section 7, ch. 96-199, Laws of

25         Florida, amended the text of s. 409.9122,

26         including amendment to the language in

27         then-existing paragraph (1)(a). Paragraph

28         (1)(b) did not appear in text after the

29         amendment to paragraph (1)(a), but the entire

30         text of subsection (1) also appeared following

31         the text of newly created subsection (3),

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  1         struck-through as if it were to be deleted

  2         except for the last sentence of then-existing

  3         paragraph (1)(b) which became paragraph (4)(a).

  4         Subsection (1) is reenacted to confirm that the

  5         struck-through version of paragraph (1)(a)

  6         following the text of subsection (3) in the

  7         amendment to s. 409.9122 by s. 7, ch. 96-199,

  8         was not intended to repeal the paragraph.

  9

10         Section 54.  Paragraphs (f) and (g) of subsection (1)

11  of section 409.946, Florida Statutes, are amended to read:

12         409.946  Inner City Redevelopment Review Panel.--In

13  order to enhance public participation and involvement in the

14  redevelopment of inner-city areas, there is created within the

15  Office of Tourism, Trade, and Economic Development the Inner

16  City Redevelopment Review Panel.

17         (1)  The review panel shall consist of seven members

18  who represent different areas of the state, who are appointed

19  by the Director of the Office of Tourism, Trade, and Economic

20  Development, and who are qualified, through the demonstration

21  of special interest, experience, or education, in the

22  redevelopment of the state's inner-city areas, as follows:

23         (f)  One member must be affiliated with the Better

24  Jobs/Better Wages Council of Workforce Florida, Inc., if such

25  body is created. Otherwise, one member must be the president

26  and chief operating officer of the Florida Workforce

27  Development Board; and

28         (g)  One member must be affiliated with the First

29  Jobs/First Wages Council of Workforce Florida, Inc., if such

30  body is created. Otherwise, one member must be the Secretary

31  of Labor and Employment Security or the secretary's designee.

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  1         Reviser's note.--Paragraphs (1)(f) and (g) are

  2         amended to delete provisions that have served

  3         their purpose. The Better Jobs/Better Wages

  4         Council and First Jobs/First Wages Council are

  5         provided for in s. 445.005. Paragraph (f) is

  6         further amended to conform to the official

  7         title of the council.

  8

  9         Section 55.  Paragraph (c) of subsection (9) of section

10  411.01, Florida Statutes, is repealed.

11

12         Reviser's note.--Repealed to delete an obsolete

13         provision; the Partnership for School Readiness

14         was to present recommendations by February 15,

15         2000, to the Legislature for combining funding

16         streams for school readiness programs into a

17         School Readiness Trust Fund, which report was

18         submitted.

19

20         Section 56.  Subsection (6) of section 414.105, Florida

21  Statutes, is amended to read:

22         414.105  Time limitations of temporary cash

23  assistance.--Unless otherwise expressly provided in this

24  chapter, an applicant or current participant shall receive

25  temporary cash assistance for episodes of not more than 24

26  cumulative months in any consecutive 60-month period that

27  begins with the first month of participation and for not more

28  than a lifetime cumulative total of 48 months as an adult,

29  unless otherwise provided by law.

30         (6)  The department, in cooperation with Workforce

31  Florida, Inc., shall establish a procedure for approving

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  1  hardship exemptions and for reviewing hardship cases at least

  2  once every 2 years. Regional workforce boards may assist in

  3  making these determinations. The composition of any review

  4  panel must generally reflect the racial, gender, and ethnic

  5  diversity of the community as a whole. Members of a review

  6  panel shall serve without compensation but are entitled to

  7  receive reimbursement for per diem and travel expenses as

  8  provided in s. 112.061 112.016.

  9

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

11         correct citation of the referenced material; s.

12         112.016 does not exist.

13

14         Section 57.  Subsection (1) of section 418.302, Florida

15  Statutes, is amended to read:

16         418.302  Governing body of mobile home park recreation

17  district.--

18         (1)  The governing body of a recreation district

19  created pursuant to s. 418.30 section 1 shall consist of a

20  nine-member board of trustees elected by the electors of the

21  district.  A person desiring to have her or his name placed on

22  the ballot for election as a trustee of the district shall be

23  a qualified elector of the district and shall present a

24  written petition, signed by the applicant and not fewer than

25  25 other electors of the district, to the supervisor of

26  elections of the county not less than 60 days prior to the

27  date of the election. The supervisor of elections shall be

28  entitled to a reasonable reimbursement for conducting the

29  election, payable out of the general funds of the district.

30

31

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

  2         correct citation of the referenced material; s.

  3         418.30 provides for creation of mobile home

  4         park recreation districts.

  5

  6         Section 58.  Section 420.506, Florida Statutes, is

  7  amended to read:

  8         420.506  Executive director; agents and employees.--The

  9  appointment and removal of an executive director shall be by

10  the Secretary of Community Affairs, with the advice and

11  consent of the corporation's board of directors.  The

12  executive director shall employ legal and technical experts

13  and such other agents and employees, permanent and temporary,

14  as the corporation may require, and shall communicate with and

15  provide information to the Legislature with respect to the

16  corporation's activities.  The board is authorized,

17  notwithstanding the provisions of s. 216.262, to develop and

18  implement rules regarding the employment of employees of the

19  corporation and service providers, including legal counsel.

20  The corporation may hire any individual who, as of the

21  effective date of this act, is employed by the agency. The

22  corporation is authorized to enter into a lease agreement with

23  the Department of Management Services or the Department of

24  Community Affairs for the lease of state employees from such

25  entities, wherein an employee shall retain his or her status

26  as a state employee but shall work under the direct

27  supervision of the corporation, and shall retain the right to

28  participate in the Florida Retirement System. The board of

29  directors of the corporation is entitled to establish travel

30  procedures and guidelines for employees of the corporation.

31

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  1  The executive director's office and the corporation's files

  2  and records must be located in Leon County.

  3

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

  5         that has served its purpose. The stricken text,

  6         which was enacted by s. 9, ch. 97-167, Laws of

  7         Florida, effective July 1, 1997, relates to the

  8         replacement of the Florida Housing Finance

  9         Agency by the Florida Housing Finance

10         Corporation.

11

12         Section 59.  Paragraph (a) of subsection (22) of

13  section 420.507, Florida Statutes, is amended to read:

14         420.507  Powers of the corporation.--The corporation

15  shall have all the powers necessary or convenient to carry out

16  and effectuate the purposes and provisions of this part,

17  including the following powers which are in addition to all

18  other powers granted by other provisions of this part:

19         (22)  To develop and administer the State Apartment

20  Incentive Loan Program. In developing and administering that

21  program, the corporation may:

22         (a)  Make first, second, and other subordinated

23  mortgage loans including variable or fixed rate loans subject

24  to contingent interest.  The corporation shall make loans

25  exceeding 25 percent of project cost available only to

26  nonprofit organizations and public bodies which are able to

27  secure grants, donations of land, or contributions from other

28  sources and to projects meeting the criteria of subparagraph

29  1. Mortgage loans shall be made available at the following

30  rates of interest:

31

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  1         1.  Zero to 3 percent interest for sponsors of projects

  2  that maintain an 80 percent occupancy of residents qualifying

  3  as farmworkers as defined in s. 420.503(18) 420.306(7) over

  4  the life of the loan.

  5         2.  Three to 9 percent interest for sponsors of

  6  projects targeted at populations other than farmworkers.

  7

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

  9         current location of the referenced material; s.

10         420.306(7) was repealed by s. 3, ch. 93-181,

11         Laws of Florida, and s. 420.503(18) defines

12         "farmworker."

13

14         Section 60.  Sections 421.37, 421.38, 421.39, 421.40,

15  421.41, 421.42, 421.43, 421.44, and 421.45, Florida Statutes,

16  are repealed.

17

18         Reviser's note.--The cited sections, relating

19         to defense housing during World War II, are

20         obsolete.

21

22         Section 61.  Subsection (2) of section 427.0159,

23  Florida Statutes, is repealed.

24

25         Reviser's note.--The cited subsection, enacted

26         by s. 21, ch. 2000-257, Laws of Florida,

27         provides for an allocation of funds by the

28         Department of Transportation, contingent on

29         S.B. 854 or similar legislation becoming law.

30         Neither of those contingencies occurred.

31

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  1         Section 62.  Paragraph (a) of subsection (3) of section

  2  435.03, Florida Statutes, is amended to read:

  3         435.03  Level 1 screening standards.--

  4         (3)  Standards must also ensure that the person:

  5         (a)  For employees and employers licensed or registered

  6  pursuant to chapter 400, and for employees and employers of

  7  developmental services institutions as defined in s. 393.063,

  8  intermediate care facilities for the developmentally disabled

  9  as defined in s. 393.063, and mental health treatment

10  facilities as defined in s. 394.455, meets the requirements of

11  this chapter part II.

12

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

14         arrangement of chapter 435, which is not

15         divided into parts.

16

17         Section 63.  Subsection (2) of section 435.05, Florida

18  Statutes, is amended to read:

19         435.05  Requirements for covered employees.--Except as

20  otherwise provided by law, the following requirements shall

21  apply to covered employees:

22         (2)  Unless otherwise prohibited by state or federal

23  law, new employees may be placed on probationary status

24  pending a determination of compliance with minimum standards

25  set forth in this chapter part.

26

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

28         arrangement of chapter 435, which is not

29         divided into parts.

30

31

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  1         Section 64.  Subsection (1) of section 435.07, Florida

  2  Statutes, is amended to read:

  3         435.07  Exemptions from disqualification.--Unless

  4  otherwise provided by law, the provisions of this section

  5  shall apply to exemptions from disqualification.

  6         (1)  The appropriate licensing agency may grant to any

  7  employee otherwise disqualified from employment an exemption

  8  from disqualification for:

  9         (a)  Felonies committed more than 3 years prior to the

10  date of disqualification;

11         (b)  Misdemeanors prohibited under any of the Florida

12  Statutes cited in this chapter or under similar statutes of

13  other jurisdictions;

14         (c)  Offenses that were felonies when committed but are

15  now misdemeanors;

16         (d)  Findings of delinquency; or

17         (e)  Commissions of acts of domestic violence as

18  defined in s. 741.30.

19

20  For the purposes of this subsection, the term "felonies" means

21  both felonies prohibited under any of the Florida Statutes

22  cited in this chapter part or under similar statutes of other

23  jurisdictions.

24

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

26         arrangement of chapter 435, which is not

27         divided into parts.

28

29         Section 65.  Paragraph (c) of subsection (2) of section

30  440.15, Florida Statutes, is amended to read:

31

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  1         440.15  Compensation for disability.--Compensation for

  2  disability shall be paid to the employee, subject to the

  3  limits provided in s. 440.12(2), as follows:

  4         (2)  TEMPORARY TOTAL DISABILITY.--

  5         (c)  Temporary total disability benefits paid pursuant

  6  to this subsection shall include such period as may be

  7  reasonably necessary for training in the use of artificial

  8  members and appliances, and shall include such period as the

  9  employee may be receiving training and education under a

10  program pursuant to s. 440.491 440.49(1). Notwithstanding s.

11  440.02(9), the date of maximum medical improvement for

12  purposes of paragraph (3)(b) shall be no earlier than the last

13  day for which such temporary disability benefits are paid.

14

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

16         current location of the referenced material.

17         Section 440.49(1) was repealed by s. 43, ch.

18         93-415, Laws of Florida, and s. 440.491,

19         created by s. 44, ch. 93-415, provides for

20         training and education.

21

22         Section 66.  Subsection (2) of section 440.381, Florida

23  Statutes, is amended to read:

24         440.381  Application for coverage; reporting payroll;

25  payroll audit procedures; penalties.--

26         (2)  The application must contain a statement that the

27  filing of an application containing false, misleading, or

28  incomplete information with the purpose of avoiding or

29  reducing the amount of premiums for workers' compensation

30  coverage is a felony of the third degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084. The

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  1  application must contain a sworn statement by the employer

  2  attesting to the accuracy of the information submitted and

  3  acknowledging the provisions of former s. 440.37(4).

  4

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

  6         facilitate correct interpretation. Section

  7         440.37 was repealed by s. 109, ch. 93-415, Laws

  8         of Florida.

  9

10         Section 67.  Paragraph (e) of subsection (1) and

11  paragraph (a) of subsection (2) of section 440.4416, Florida

12  Statutes, are amended to read:

13         440.4416  Workers' Compensation Oversight Board.--

14         (1)  There is created within the Department of Labor

15  and Employment Security the Workers' Compensation Oversight

16  Board. The board shall be composed of the following members,

17  each of whom has knowledge of, or experience with, the

18  workers' compensation system:

19         (e)  The original appointments to the board shall be

20  made on or before January 1, 1994. Vacancies in the membership

21  of the board shall be filled in the same manner as the

22  original appointments. Except as to ex officio members of the

23  board, three appointees of the Governor, two appointees of the

24  President of the Senate, and two appointees of the Speaker of

25  the House of Representatives shall serve for terms of 2 years,

26  and the remaining appointees shall serve for terms of 4 years.

27  Thereafter, all members shall serve for terms of 4 years;

28  except that a vacancy shall be filled by appointment for the

29  remainder of the term. The board shall have an organizational

30  meeting on or before March 1, 1994, the time and place of such

31  meeting to be determined by the Governor.

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  1         (2)  POWERS AND DUTIES; ORGANIZATION.--

  2         (a)  The board shall have all the powers necessary and

  3  convenient to carry out and effectuate the purposes of this

  4  section, including, but not limited to, the power to:

  5         1.  Conduct public hearings.

  6         2.  Report to the Legislature by January 1, 1995, as to

  7  the feasibility of a return-to-work program that includes

  8  incentives for employers who encourage such a program and

  9  disincentives for employers who hinder such a program.

10         2.3.  Prescribe qualifications for board employees.

11         3.4.  Appear on its own behalf before other boards,

12  commissions, or agencies of the state or Federal Government.

13         4.5.  Make and execute contracts to the extent that

14  such contracts are consistent with duties and powers set forth

15  in this section and elsewhere in the law of this state.

16

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

18         provisions.

19

20         Section 68.  Subsection (1) of section 443.1715,

21  Florida Statutes, is amended to read:

22         443.1715  Disclosure of information; confidentiality.--

23         (1)  RECORDS AND REPORTS.--Information revealing the

24  employing unit's or individual's identity obtained from the

25  employing unit or from any individual pursuant to the

26  administration of this chapter, and any determination

27  revealing such information, must, except to the extent

28  necessary for the proper presentation of a claim or upon

29  written authorization of the claimant who has a workers'

30  compensation claim pending, be held confidential and exempt

31  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

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  1  the State Constitution. Such information may be made available

  2  only to public employees in the performance of their public

  3  duties, including employees of the Department of Education in

  4  obtaining information for the Florida Education and Training

  5  Placement Information Program and the Office of Tourism,

  6  Trade, and Economic Development Department of Commerce in its

  7  administration of the qualified defense contractor tax refund

  8  program authorized by s. 288.1045 288.104. Except as otherwise

  9  provided by law, public employees receiving such information

10  must retain the confidentiality of such information. Any

11  claimant, or the claimant's legal representative, at a hearing

12  before an appeals referee or the commission shall be supplied

13  with information from such records to the extent necessary for

14  the proper presentation of her or his claim. Any employee or

15  member of the commission or any employee of the division, or

16  any other person receiving confidential information, who

17  violates any provision of this subsection commits a

18  misdemeanor of the second degree, punishable as provided in s.

19  775.082 or s. 775.083. However, the division may furnish to

20  any employer copies of any report previously submitted by such

21  employer, upon the request of such employer, and may furnish

22  to any claimant copies of any report previously submitted by

23  such claimant, upon the request of such claimant, and the

24  division is authorized to charge therefor such reasonable fee

25  as the division may by rule prescribe not to exceed the actual

26  reasonable cost of the preparation of such copies. Fees

27  received by the division for copies as provided in this

28  subsection must be deposited to the credit of the Employment

29  Security Administration Trust Fund.

30

31

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

  2         substitution of the Office of Tourism, Trade,

  3         and Economic Development for the Department of

  4         Commerce for purposes of s. 288.106 by s. 44,

  5         ch. 96-320, Laws of Florida, and the repeal of

  6         s. 288.104 by s. 8, ch. 96-348, Laws of

  7         Florida, and the enactment of new s. 288.1045

  8         governing the qualified defense contractor tax

  9         refund program by s. 1, ch. 96-348.

10

11         Section 69.  Paragraph (b) of subsection (6) of section

12  445.003, Florida Statutes, as amended by section 3 of chapter

13  2000-165, Laws of Florida, is reenacted to read:

14         445.003  Implementation of the federal Workforce

15  Investment Act of 1998.--

16         (6)  LONG-TERM CONSOLIDATION OF WORKFORCE

17  DEVELOPMENT.--

18         (b)  The Office of Program Policy Analysis and

19  Government Accountability shall review the workforce

20  development system, as established by this act. The office

21  shall submit its final report and recommendations by December

22  31, 2002, to the President of the Senate and the Speaker of

23  the House of Representatives.

24

25         Reviser's note.--Reenacted to confirm the

26         continued existence of the paragraph despite a

27         repeal by s. 46, ch. 2000-158, Laws of Florida,

28         a reviser's bill. Section 3, ch. 2000-165, Laws

29         of Florida, amended paragraph (6)(b) to require

30         submittal of a report and recommendations by

31         December 31, 2002; prior to amendment,

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  1         submittal of the report and recommendations was

  2         required by January 31, 2000.

  3

  4         Section 70.  Paragraph (c) of subsection (7) of section

  5  445.009, Florida Statutes, as amended by section 9 of chapter

  6  2000-165, Laws of Florida, is reenacted to read:

  7         445.009  One-stop delivery system.--

  8         (7)

  9         (c)  Workforce Florida, Inc., shall periodically review

10  Individual Training Account pricing schedules developed by

11  regional workforce boards and present findings and

12  recommendations for process improvement to the President of

13  the Senate and the Speaker of the House of Representatives.

14

15         Reviser's note.--Reenacted to confirm the

16         continued existence of the paragraph despite a

17         repeal by s. 45, ch. 2000-158, Laws of Florida,

18         a reviser's bill. Section 9, ch. 2000-165, Laws

19         of Florida, amended paragraph (8)(c),

20         redesignated as paragraph (7)(c), to provide

21         for periodic review of Individual Training

22         Account pricing schedules and deleted the

23         January 1, 2000, submittal date for findings

24         and recommendations for process improvement.

25

26         Section 71.  Paragraph (e) of subsection (3) of section

27  445.024, Florida Statutes, is amended to read:

28         445.024  Work requirements.--

29         (3)  EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The

30  following individuals are exempt from work activity

31  requirements:

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  1         (e)  An individual who is exempt from the time period

  2  pursuant to s. 414.105 415.015.

  3

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

  5         correct citation of the referenced material; s.

  6         415.015 does not exist.

  7

  8         Section 72.  Paragraph (a) of subsection (2) and

  9  paragraph (a) of subsection (3) of section 446.50, Florida

10  Statutes, are amended to read:

11         446.50  Displaced homemakers; multiservice programs;

12  report to the Legislature; Displaced Homemaker Trust Fund

13  created.--

14         (2)  DEFINITIONS.--For the purposes of this section:

15         (a)  "Displaced homemaker" means an individual who:

16         1.  Is 35 years of age or older;

17         2.  Has worked in the home, providing unpaid household

18  services for family members;

19         3.  Is not adequately employed, as defined by rule of

20  the agency division;

21         4.  Has had, or would have, difficulty in securing

22  adequate employment; and

23         5.  Has been dependent on the income of another family

24  member but is no longer supported by such income, or has been

25  dependent on federal assistance.

26         (3)  AGENCY POWERS AND DUTIES.--

27         (a)  The agency, under plans established by Workforce

28  Florida, Inc., shall establish, or contract for the

29  establishment of, programs for displaced homemakers which

30  shall include:

31

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  1         1.  Job counseling, by professionals and peers,

  2  specifically designed for a person entering the job market

  3  after a number of years as a homemaker.

  4         2.  Job training and placement services, including:

  5         a.  Training programs for available jobs in the public

  6  and private sectors, taking into account the skills and job

  7  experiences of a homemaker and developed by working with

  8  public and private employers.

  9         b.  Assistance in locating available employment for

10  displaced homemakers, some of whom could be employed in

11  existing job training and placement programs.

12         c.  Utilization of the services of the state employment

13  service in locating employment opportunities.

14         3.  Financial management services providing information

15  and assistance with respect to insurance, including, but not

16  limited to, life, health, home, and automobile insurance, and

17  taxes, estate and probate problems, mortgages, loans, and

18  other related financial matters.

19         4.  Educational services, including high school

20  equivalency degree and such other courses as the agency

21  determines would be of interest and benefit to displaced

22  homemakers.

23         5.  Outreach and information services with respect to

24  federal and state employment, education, health, and

25  unemployment assistance programs which the agency division

26  determines would be of interest and benefit to displaced

27  homemakers.

28

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

30         substitution of the term "agency" for the term

31

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  1         "division" made elsewhere in the section by s.

  2         126, ch. 2000-165, Laws of Florida.

  3

  4         Section 73.  Subsection (5) of section 456.025, Florida

  5  Statutes, is amended to read:

  6         456.025  Fees; receipts; disposition.--

  7         (5)  All moneys collected by the department from fees

  8  or fines or from costs awarded to the agency by a court shall

  9  be paid into a trust fund used by the department to implement

10  this chapter. The Legislature shall appropriate funds from

11  this trust fund sufficient to carry out this chapter and the

12  provisions of law with respect to professions regulated by the

13  Division of Medical Quality Assurance within the department

14  and the boards. The department may contract with public and

15  private entities to receive and deposit revenue pursuant to

16  this section.  The department shall maintain separate accounts

17  in the trust fund used by the department to implement this

18  chapter for every profession within the department.  To the

19  maximum extent possible, the department shall directly charge

20  all expenses to the account of each regulated profession.  For

21  the purpose of this subsection, direct charge expenses

22  include, but are not limited to, costs for investigations,

23  examinations, and legal services.  For expenses that cannot be

24  charged directly, the department shall provide for the

25  proportionate allocation among the accounts of expenses

26  incurred by the department in the performance of its duties

27  with respect to each regulated profession. The regulation by

28  the department of professions, as defined in this chapter

29  part, shall be financed solely from revenue collected by it

30  from fees and other charges and deposited in the Medical

31  Quality Assurance Trust Fund, and all such revenue is hereby

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  1  appropriated to the department. However, it is legislative

  2  intent that each profession shall operate within its

  3  anticipated fees. The department may not expend funds from the

  4  account of a profession to pay for the expenses incurred on

  5  behalf of another profession, except that the Board of Nursing

  6  must pay for any costs incurred in the regulation of certified

  7  nursing assistants. The department shall maintain adequate

  8  records to support its allocation of agency expenses.  The

  9  department shall provide any board with reasonable access to

10  these records upon request.  The department shall provide each

11  board an annual report of revenue and direct and allocated

12  expenses related to the operation of that profession. The

13  board shall use these reports and the department's adopted

14  long-range plan to determine the amount of license fees.  A

15  condensed version of this information, with the department's

16  recommendations, shall be included in the annual report to the

17  Legislature prepared under s. 456.026.

18

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

20         arrangement of chapter 456, which is not

21         divided into parts.

22

23         Section 74.  Paragraph (a) of subsection (1) of section

24  456.039, Florida Statutes, is amended to read:

25         456.039  Designated health care professionals;

26  information required for licensure.--

27         (1)  Each person who applies for initial licensure as a

28  physician under chapter 458, chapter 459, chapter 460, or

29  chapter 461, except a person applying for registration

30  pursuant to ss. 458.345 and 459.021, must, at the time of

31  application, and each physician who applies for license

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  1  renewal under chapter 458, chapter 459, chapter 460, or

  2  chapter 461, except a person registered pursuant to ss.

  3  458.345 and 459.021, must, in conjunction with the renewal of

  4  such license and under procedures adopted by the Department of

  5  Health, and in addition to any other information that may be

  6  required from the applicant, furnish the following information

  7  to the Department of Health:

  8         (a)1.  The name of each medical school that the

  9  applicant has attended, with the dates of attendance and the

10  date of graduation, and a description of all graduate medical

11  education completed by the applicant, excluding any coursework

12  taken to satisfy medical licensure continuing education

13  requirements.

14         2.  The name of each hospital at which the applicant

15  has privileges.

16         3.  The address at which the applicant will primarily

17  conduct his or her practice.

18         4.  Any certification that the applicant has received

19  from a specialty board that is recognized by the board to

20  which the applicant is applying.

21         5.  The year that the applicant began practicing

22  medicine.

23         6.  Any appointment to the faculty of a medical school

24  which the applicant currently holds and an indication as to

25  whether the applicant has had the responsibility for graduate

26  medical education within the most recent 10 years.

27         7.  A description of any criminal offense of which the

28  applicant has been found guilty, regardless of whether

29  adjudication of guilt was withheld, or to which the applicant

30  has pled guilty or nolo contendere.  A criminal offense

31  committed in another jurisdiction which would have been a

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  1  felony or misdemeanor if committed in this state must be

  2  reported. If the applicant indicates that a criminal offense

  3  is under appeal and submits a copy of the notice for appeal of

  4  that criminal offense, the department must state that the

  5  criminal offense is under appeal if the criminal offense is

  6  reported in the applicant's profile. If the applicant

  7  indicates to the department that a criminal offense is under

  8  appeal, the applicant must, upon disposition of the appeal,

  9  submit to the department a copy of the final written order of

10  disposition.

11         8.  A description of any final disciplinary action

12  taken within the previous 10 years against the applicant by

13  the agency regulating the profession that the applicant is or

14  has been licensed to practice, whether in this state or in any

15  other jurisdiction, by a specialty board that is recognized by

16  the American Board of Medical Specialties Specialities, the

17  American Osteopathic Association, or a similar national

18  organization, or by a licensed hospital, health maintenance

19  organization, prepaid health clinic, ambulatory surgical

20  center, or nursing home.  Disciplinary action includes

21  resignation from or nonrenewal of medical staff membership or

22  the restriction of privileges at a licensed hospital, health

23  maintenance organization, prepaid health clinic, ambulatory

24  surgical center, or nursing home taken in lieu of or in

25  settlement of a pending disciplinary case related to

26  competence or character. If the applicant indicates that the

27  disciplinary action is under appeal and submits a copy of the

28  document initiating an appeal of the disciplinary action, the

29  department must state that the disciplinary action is under

30  appeal if the disciplinary action is reported in the

31  applicant's profile.

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

  2         correct title of the board.

  3

  4         Section 75.  Paragraph (d) of subsection (2) and

  5  subsections (6) and (7) of section 458.3135, Florida Statutes,

  6  are amended to read:

  7         458.3135  Temporary certificate for visiting physicians

  8  to practice in approved cancer centers.--

  9         (2)  A temporary certificate for practice in an

10  approved cancer center may be issued without examination to an

11  individual who:

12         (d)  Has not committed any act in this or any other

13  jurisdiction which would constitute the basis for disciplining

14  a physician under s. 456.072 455.624 or s. 458.331;

15         (6)  The board shall not issue a temporary certificate

16  for practice in an approved cancer center to any physician who

17  is under investigation in another jurisdiction for an act that

18  would constitute a violation of this chapter or chapter 456

19  455 until such time as the investigation is complete and the

20  physician is found innocent of all charges.

21         (7)  A physician applying under this section is exempt

22  from the requirements of ss. 456.039-456.046 455.565-455.5656.

23  All other provisions of chapters 456 455 and 458 apply.

24

25         Reviser's note.--Paragraph (2)(d) is amended to

26         conform to the redesignation of s. 455.624 as

27         s. 456.072 by s. 90, ch. 2000-160, Laws of

28         Florida. Subsections (6) and (7) are amended to

29         conform to the redesignation of sections

30         comprising part II of chapter 455 as chapter

31         456 by ch. 2000-160. Subsection (7) is further

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  1         amended to conform to the redesignation of ss.

  2         455.565-455.5656 as ss. 456.039 and

  3         456.041-456.046 by ss. 66-71, ch. 2000-160; and

  4         the enactment of s. 455.56503, renumbered as s.

  5         456.0391 by the reviser, by s. 152, ch.

  6         2000-318, Laws of Florida.

  7

  8         Section 76.  Subsection (5) of section 458.319, Florida

  9  Statutes, is amended to read:

10         458.319  Renewal of license.--

11         (5)(a)  Notwithstanding any provision of this chapter

12  or part II of chapter 456 455, the requirements for the

13  biennial renewal of the license of any licensee who is a

14  member of the Legislature shall stand continued and extended

15  without the requirement of any filing by such a licensee of

16  any notice or application for renewal with the board or the

17  department and such licensee's license shall be an active

18  status license under this chapter, throughout the period that

19  the licensee is a member of the Legislature and for a period

20  of 60 days after the licensee ceases to be a member of the

21  Legislature.

22         (b)  At any time during the licensee's legislative term

23  of office and during the period of 60 days after the licensee

24  ceases to be a member of the Legislature, the licensee may

25  file a completed renewal application that shall consist solely

26  of:

27         1.  A license renewal fee of $250 for each year the

28  licensee's license renewal has been continued and extended

29  pursuant to the terms of this subsection since the last

30  otherwise regularly scheduled biennial renewal year and each

31

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  1  year during which the renewed license shall be effective until

  2  the next regularly scheduled biennial renewal date;

  3         2.  Documentation of the completion by the licensee of

  4  10 hours of continuing medical education credits for each year

  5  from the effective date of the last renewed license for the

  6  licensee until the year in which the application is filed;

  7         3.  The information from the licensee expressly

  8  required in s. 456.039(1)(a)1.-8. and (b), and (4)(a), (b),

  9  and (c) 455.565(1)(a)1.-8. and (b), and (4)(a), (b), and (c).

10         (c)  The department and board may not impose any

11  additional requirements for the renewal of such licenses and,

12  not later than 20 days after receipt of a completed

13  application as specified in paragraph (b), shall renew the

14  active status license of the licensee, effective on and

15  retroactive to the last previous renewal date of the

16  licensee's license. Said license renewal shall be valid until

17  the next regularly scheduled biennial renewal date for said

18  license, and thereafter shall be subject to the biennial

19  requirements for renewal in this chapter and part II of

20  chapter 456 455.

21

22         Reviser's note.--Paragraphs (5)(a) and (c) are

23         amended to conform to the redesignation of

24         sections comprising part II of chapter 455 as

25         chapter 456 by ch. 2000-160, Laws of Florida.

26         Paragraph (5)(b) is amended to conform to the

27         redesignation of s. 455.565 as s. 456.039 by s.

28         66, ch. 2000-160.

29

30         Section 77.  Paragraph (c) of subsection (9) of section

31  460.403, Florida Statutes, is amended to read:

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  1         460.403  Definitions.--As used in this chapter, the

  2  term:

  3         (9)

  4         (c)1.  Chiropractic physicians may adjust, manipulate,

  5  or treat the human body by manual, mechanical, electrical, or

  6  natural methods; by the use of physical means or

  7  physiotherapy, including light, heat, water, or exercise; by

  8  the use of acupuncture; or by the administration of foods,

  9  food concentrates, food extracts, and items for which a

10  prescription is not required and may apply first aid and

11  hygiene, but chiropractic physicians are expressly prohibited

12  from prescribing or administering to any person any legend

13  drug except as authorized under subparagraph 2., from

14  performing any surgery except as stated herein, or from

15  practicing obstetrics.

16         2.  Notwithstanding the prohibition against prescribing

17  and administering legend drugs under subparagraph 1., or s.

18  499.0122 449.0122, pursuant to board rule chiropractic

19  physicians may order, store, and administer, for emergency

20  purposes only at the chiropractic physician's office or place

21  of business, prescription medical oxygen and may also order,

22  store, and administer the following topical anesthetics in

23  aerosol form:

24         a.  Any solution consisting of 25 percent ethylchloride

25  and 75 percent dichlorodifluoromethane.

26         b.  Any solution consisting of 15 percent

27  dichlorodifluoromethane and 85 percent

28  trichloromonofluoromethane.

29

30

31

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  1  However, this paragraph does not authorize a chiropractic

  2  physician to prescribe medical oxygen as defined in chapter

  3  499.

  4

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

  6         correct citation of the referenced material; s.

  7         449.0122 does not exist.

  8

  9         Section 78.  Section 464.0045, Florida Statutes, is

10  repealed.

11

12         Reviser's note.--The cited section authorizes

13         the Governor to appoint one or more new members

14         of the Board of Nursing added to the board

15         pursuant to ch. 96-274, Laws of Florida, for a

16         period of less than 4 years to achieve

17         staggered terms. Chapter 96-274 took effect May

18         29, 1996.

19

20         Section 79.  Effective October 1, 2002, sections

21  467.001, 467.002, 467.004, 467.011, 467.0125, 467.014,

22  467.015, 467.016, 467.017, 467.201, 467.203, 467.205, and

23  467.207, Florida Statutes, are reenacted to read:

24         467.001  Short title.--This chapter shall be known and

25  may be cited as the "Midwifery Practice Act."

26         467.002  Legislative intent.--The Legislature

27  recognizes the need for a person to have the freedom to choose

28  the manner, cost, and setting for giving birth. The

29  Legislature finds that access to prenatal care and delivery

30  services is limited by the inadequate number of providers of

31  such services and that the regulated practice of midwifery may

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  1  help to reduce this shortage.  The Legislature also recognizes

  2  the need for the safe and effective delivery of newborn babies

  3  and the health, safety, and welfare of their mothers in the

  4  delivery process.  The Legislature finds that the interests of

  5  public health require the regulation of the practice of

  6  midwifery in this state for the purpose of protecting the

  7  health and welfare of mothers and infants. Therefore, it is

  8  unlawful for any person to practice midwifery in this state

  9  unless such person is licensed pursuant to the provisions of

10  this chapter or s. 464.012.

11         467.004  Council of Licensed Midwifery.--

12         (1)  The Council of Licensed Midwifery is created

13  within the department and shall consist of nine members to be

14  appointed by the secretary.

15         (2)  One member of the council shall be a certified

16  nurse midwife. One member of the council shall be a physician

17  who is an obstetrician certified by the American Board of

18  Obstetrics and Gynecology and one family physician certified

19  by the American Board of Family Practice.  One member of the

20  council shall be a physician who is a pediatrician certified

21  by the American Board of Pediatrics. Four members of the

22  council shall be licensed midwives. The one remaining member

23  shall be a resident of this state who has never been a

24  licensed midwife and who has no financial interest in the

25  practice of midwifery or in any health care facility, agency,

26  or insurer.  The council members shall serve staggered 4-year

27  terms as determined by rule.

28         (3)  The council shall:

29         (a)  Assist and advise the department in developing

30  rules relating to: training requirements, including core

31  competencies, for persons training to become licensed

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  1  midwives; the licensure examination; fees; the informed

  2  consent form; responsibilities of midwives; emergency care

  3  plans; records and reports to be filed by licensed midwives;

  4  and other regulatory requirements developed by the department.

  5         (b)  Assist the department in developing rules to

  6  implement s. 467.205, relating to approval of midwifery

  7  training programs.

  8         (c)  Monitor and inform the department on the practice

  9  of midwifery in other states and countries by persons who are

10  not nurses.

11         (d)  Educate the public and other providers of

12  obstetrical care about the role of licensed midwives.

13         (e)  Collect and review data regarding licensed

14  midwifery.

15         (f)  Recommend changes in the Midwifery Practice Act to

16  the department and the Legislature.

17         (g)  Address concerns and problems of practicing

18  licensed midwives in order to promote improved safety in the

19  practice of midwifery.

20         (4)  Members of the council shall serve without pay.

21  The council members shall be entitled to reimbursement for per

22  diem and travel expenses pursuant to s. 112.061.

23         467.011  Licensure by examination.--

24         (1)  The department shall administer an examination to

25  test the proficiency of applicants in the core competencies

26  required to practice midwifery as specified in s. 467.009.

27         (2)  The department shall develop, publish, and make

28  available to interested parties at a reasonable cost a

29  bibliography and guide for the examination.

30         (3)  The department shall issue a license to practice

31  midwifery to an applicant who has graduated from an approved

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  1  midwifery program and successfully completed the examination,

  2  upon payment of the required licensure fee.

  3         467.0125  Licensure by endorsement.--

  4         (1)  The department shall issue a license by

  5  endorsement to practice midwifery to an applicant who, upon

  6  applying to the department, demonstrates to the department

  7  that she or he:

  8         (a)1.  Holds a valid certificate or diploma from a

  9  foreign institution of medicine or midwifery or from a

10  midwifery program offered in another state, bearing the seal

11  of the institution or otherwise authenticated, which renders

12  the individual eligible to practice midwifery in the country

13  or state in which it was issued, provided the requirements

14  therefor are deemed by the department to be substantially

15  equivalent to, or to exceed, those established under this

16  chapter and rules adopted under this chapter, and submits

17  therewith a certified translation of the foreign certificate

18  or diploma; or

19         2.  Holds a valid certificate or license to practice

20  midwifery in another state, issued by that state, provided the

21  requirements therefor are deemed by the department to be

22  substantially equivalent to, or to exceed, those established

23  under this chapter and rules adopted under this chapter.

24         (b)  Has completed a 4-month prelicensure course

25  conducted by an approved program and has submitted

26  documentation to the department of successful completion.  The

27  department shall determine by rule the content of the

28  prelicensure course.

29         (c)  Has successfully passed the licensed midwifery

30  examination.

31

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  1         (2)  The department may issue a temporary certificate

  2  to practice in areas of critical need to any midwife who is

  3  qualifying for licensure by endorsement under subsection (1),

  4  with the following restrictions:

  5         (a)  The Department of Health shall determine the areas

  6  of critical need, and the midwife so certified shall practice

  7  only in those specific areas, under the auspices of a

  8  physician licensed pursuant to chapter 458 or chapter 459, a

  9  certified nurse midwife licensed pursuant to part I of chapter

10  464, or a midwife licensed under this chapter, who has a

11  minimum of 3 years' professional experience. Such areas shall

12  include, but not be limited to, health professional shortage

13  areas designated by the United States Department of Health and

14  Human Services.

15         (b)  A temporary certificate issued under this section

16  shall be valid only as long as an area for which it is issued

17  remains an area of critical need, but no longer than 2 years,

18  and shall not be renewable.

19         (c)  The department may administer an abbreviated oral

20  examination to determine the midwife's competency, but no

21  written regular examination shall be necessary.

22         (d)  The department shall not issue a temporary

23  certificate to any midwife who is under investigation in

24  another state for an act which would constitute a violation of

25  this chapter until such time as the investigation is complete,

26  at which time the provisions of this section shall apply.

27         (e)  The department shall review the practice under a

28  temporary certificate at least annually to ascertain that the

29  minimum requirements of the midwifery rules promulgated under

30  this chapter are being met.  If is is determined that the

31

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  1  minimum requirements are not being met, the department shall

  2  immediately revoke the temporary certificate.

  3         (f)  The fee for a temporary certificate shall not

  4  exceed $50 and shall be in addition to the fee required for

  5  licensure.

  6         467.014  Financial responsibility.--A licensed midwife

  7  shall include in the informed consent plan presented to the

  8  parents the status of the midwife's malpractice insurance,

  9  including the amount of malpractice insurance, if any.

10         467.015  Responsibilities of the midwife.--

11         (1)  A midwife shall accept and provide care for only

12  those mothers who are expected to have a normal pregnancy,

13  labor, and delivery and shall ensure that the following

14  conditions are met:

15         (a)  The patient has signed an informed consent form

16  approved by the department pursuant to s. 467.016.

17         (b)  If the patient is delivering at home, the home is

18  safe and hygienic and meets standards set forth by the

19  department.

20         (2)  A midwife may provide collaborative prenatal and

21  postpartal care to pregnant women not at low risk in their

22  pregnancy, labor, and delivery, within a written protocol of a

23  physician currently licensed under chapter 458 or chapter 459,

24  which physician shall maintain supervision for directing the

25  specific course of medical treatment.  The department shall by

26  rule develop guidelines for the identification of high-risk

27  pregnancies.

28         (3)  A midwife licensed under this chapter may

29  administer prophylactic ophthalmic medication, oxygen,

30  postpartum oxytocin, vitamin K, rho immune globulin (human),

31  and local anesthetic pursuant to a prescription issued by a

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  1  practitioner licensed under chapter 458 or chapter 459, and

  2  may administer such other medicinal drugs as prescribed by

  3  such practitioner.  Any such prescription for medicinal drugs

  4  shall be in a form that complies with chapter 499 and shall be

  5  dispensed in a pharmacy permitted under chapter 465 by a

  6  pharmacist licensed under chapter 465.

  7         (4)  The care of mothers and infants throughout the

  8  prenatal, intrapartal, and postpartal periods shall be in

  9  conformity with rules adopted by the department pursuant to

10  this chapter and the public health laws of this state.

11         (5)  The midwife shall:

12         (a)  Prepare a written plan of action with the family

13  to ensure continuity of medical care throughout labor and

14  delivery and to provide for immediate medical care if an

15  emergency arises. The family should have specific plans for

16  medical care throughout the prenatal, intrapartal, and

17  postpartal periods.

18         (b)  Instruct the patient and family regarding the

19  preparation of the environment and ensure availability of

20  equipment and supplies needed for delivery and infant care, if

21  a home birth is planned.

22         (c)  Instruct the patient in the hygiene of pregnancy

23  and nutrition as it relates to prenatal care.

24         (d)  Maintain equipment and supplies in conformity with

25  the rules adopted pursuant to this chapter.

26         (6)  The midwife shall determine the progress of labor

27  and, when birth is imminent, shall be immediately available

28  until delivery is accomplished.  During labor and delivery,

29  the midwife shall comply with rules adopted by the department

30  pursuant to this chapter, which shall include rules that

31  govern:

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  1         (a)  Maintaining a safe and hygienic environment;

  2         (b)  Monitoring the progress of labor and the status of

  3  the fetus;

  4         (c)  Recognizing early signs of distress or

  5  complications; and

  6         (d)  Enacting the written emergency plan when

  7  indicated.

  8         (7)(a)  The midwife shall remain with the postpartal

  9  mother until the conditions of the mother and the neonate are

10  stabilized.

11         (b)  The midwife shall instill into each eye of the

12  newborn infant a prophylactic in accordance with s. 383.04.

13         467.016  Informed consent.--The department shall

14  develop a uniform client informed-consent form to be used by

15  the midwife to inform the client of the qualifications of a

16  licensed midwife and the nature and risk of the procedures to

17  be used by a midwife and to obtain the client's consent for

18  the provision of midwifery services.

19         467.017  Emergency care plan; immunity.--

20         (1)  Every licensed midwife shall develop a written

21  plan for the appropriate delivery of emergency care.  A copy

22  of the plan shall accompany any application for license

23  issuance or renewal.  The plan shall address the following:

24         (a)  Consultation with other health care providers.

25         (b)  Emergency transfer.

26         (c)  Access to neonatal intensive care units and

27  obstetrical units or other patient care areas.

28         (2)  Any physician licensed under chapter 458 or

29  chapter 459, or any certified nurse midwife, or any hospital

30  licensed under chapter 395, or any osteopathic hospital,

31  providing medical care or treatment to a woman or infant due

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  1  to an emergency arising during delivery or birth as a

  2  consequence of the care received by a midwife licensed under

  3  chapter 467 shall not be held liable for any civil damages as

  4  a result of such medical care or treatment unless such damages

  5  result from providing, or failing to provide, medical care or

  6  treatment under circumstances demonstrating a reckless

  7  disregard for the consequences so as to affect the life or

  8  health of another.

  9         467.201  Violations and penalties.--Each of the

10  following acts constitutes a felony of the third degree,

11  punishable as provided in s. 775.082, s. 775.083, or s.

12  775.084:

13         (1)  Practicing midwifery, unless holding an active

14  license to do so.

15         (2)  Using or attempting to use a license which has

16  been suspended or revoked.

17         (3)  The willful practice of midwifery by a student

18  midwife without a preceptor present, except in an emergency.

19         (4)  Knowingly allowing a student midwife to practice

20  midwifery without a preceptor present, except in an emergency.

21         (5)  Obtaining or attempting to obtain a license under

22  this chapter through bribery or fraudulent misrepresentation.

23         (6)  Using the name or title "midwife" or "licensed

24  midwife" or any other name or title which implies that a

25  person is licensed to practice midwifery, unless such person

26  is duly licensed as provided in this chapter.

27         (7)  Knowingly concealing information relating to the

28  enforcement of this chapter or rules adopted pursuant thereto.

29         467.203  Disciplinary actions; penalties.--

30         (1)  The following acts shall be grounds for

31  disciplinary action as set forth in this section:

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  1         (a)  Procuring, attempting to procure, or renewing a

  2  license to practice midwifery by bribery, by fraudulent

  3  misrepresentation, or through an error of the department.

  4         (b)  Having a license to practice midwifery revoked,

  5  suspended, or otherwise acted against, including being denied

  6  licensure, by the licensing authority of another state,

  7  territory, or country.

  8         (c)  Being convicted or found guilty, regardless of

  9  adjudication, in any jurisdiction of a crime which directly

10  relates to the practice of midwifery or to the ability to

11  practice midwifery.  A plea of nolo contendere shall be

12  considered a conviction for purposes of this provision.

13         (d)  Making or filing a false report or record, which

14  the licensee knows to be false; intentionally or negligently

15  failing to file a report or record required by state or

16  federal law; or willfully impeding or obstructing such filing

17  or inducing another to do so.  Such reports or records shall

18  include only those which are signed in the midwife's capacity

19  as a licensed midwife.

20         (e)  Advertising falsely, misleadingly, or deceptively.

21         (f)  Engaging in unprofessional conduct, which

22  includes, but is not limited to, any departure from, or the

23  failure to conform to, the standards of practice of midwifery

24  as established by the department, in which case actual injury

25  need not be established.

26         (g)  Being unable to practice midwifery with reasonable

27  skill and safety to patients by reason of illness;

28  drunkenness; or use of drugs, narcotics, chemicals, or other

29  materials or as a result of any mental or physical condition.

30  A midwife affected under this paragraph shall, at reasonable

31  intervals, be afforded an opportunity to demonstrate that he

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  1  or she can resume the competent practice of midwifery with

  2  reasonable skill and safety.

  3         (h)  Failing to report to the department any person who

  4  the licensee knows is in violation of this chapter or of the

  5  rules of the department.

  6         (i)  Willfully or repeatedly violating any provision of

  7  this chapter, any rule of the department, or any lawful order

  8  of the department previously entered in a disciplinary

  9  proceeding or failing to comply with a lawfully issued

10  subpoena of the department.

11         (2)  When the department finds any person guilty of any

12  of the grounds set forth in subsection (1), it may enter an

13  order imposing one or more of the following penalties:

14         (a)  Refusal to approve an application for licensure.

15         (b)  Revocation or suspension of a license.

16         (c)  Imposition of an administrative fine not to exceed

17  $1,000 for each count or separate offense.

18         (d)  Issuance of a reprimand.

19         (e)  Placement of the midwife on probation for such

20  period of time and subject to such conditions as the

21  department may specify, including requiring the midwife to

22  submit to treatment; undertake further relevant education or

23  training; take an examination; or work under the supervision

24  of another licensed midwife, a physician, or a nurse midwife

25  licensed under part I of chapter 464.

26         (3)  The department shall not reinstate the license of

27  a midwife, or cause a license to be issued to a person it has

28  deemed unqualified, until such time as it is satisfied that

29  such person has complied with all the terms and conditions set

30  forth in the final order and that such person is capable of

31  safely engaging in the practice of midwifery.

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  1         (4)  The department shall by rule establish guidelines

  2  for the disposition of disciplinary cases involving specific

  3  types of violations. Such guidelines may include minimum and

  4  maximum fines, periods of suspension or probation, or

  5  conditions of probation or reissuance of a license.

  6         467.205  Approval of midwifery programs.--

  7         (1)  An organization desiring to conduct an approved

  8  program for the education of midwives shall apply to the

  9  department and submit such evidence as may be required to show

10  that it complies with s. 467.009 and with the rules of the

11  department.  Any accredited or state-licensed institution of

12  higher learning, public or private, may provide midwifery

13  education and training.

14         (2)  The department shall adopt rules regarding

15  educational objectives, faculty qualifications, curriculum

16  guidelines, administrative procedures, and other training

17  requirements as are necessary to ensure that approved programs

18  graduate midwives competent to practice under this chapter.

19         (3)  The department shall survey each organization

20  applying for approval.  If the department is satisfied that

21  the program meets the requirements of s. 467.009 and rules

22  adopted pursuant to that section, it shall approve the

23  program.

24         (4)  The department shall, at least once every 3 years,

25  certify whether each approved midwifery program complies with

26  the standards developed under s. 467.009.

27         (5)  If the department finds that an approved program

28  no longer meets the required standards, it may place the

29  program on probationary status until such time as the

30  standards are restored. If a program fails to correct these

31  conditions within a specified period of time, the department

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  1  may rescind the approval.  Any program having its approval

  2  rescinded shall have the right to reapply.

  3         (6)  Provisional approval of a new program may be

  4  granted pending the licensure results of the first graduating

  5  class.

  6         467.207  Exceptions.--No provision of this chapter

  7  shall be construed to prohibit:

  8         (1)  The practice of midwifery by students enrolled in

  9  an approved midwifery training program.

10         (2)  The establishment of an independent practice by

11  one or more midwives for the purpose of rendering to patients

12  midwifery services within the scope of the midwife license.

13         (3)  Assistance by any person in the case of an

14  emergency.

15

16         Reviser's note.--Reenacted to conform to the

17         repeal of the s. 11.61 repeal of ss. 467.001,

18         467.002, 467.004, 467.011, 467.0125,

19         467.014-467.017, and 467.201-467.207 by s. 4,

20         ch. 91-429, Laws of Florida, and the

21         confirmation of that repeal by s. 33, ch.

22         96-318, Laws of Florida. Section 467.004 is

23         also reenacted to conform to the repeal of the

24         s. 11.611 review of the Council of Licensed

25         Midwifery as provided by s. 20, ch. 92-179,

26         Laws of Florida. Section 5, ch. 91-429,

27         repealed s. 11.611, and s. 33, ch. 96-318,

28         confirmed the repeal of s. 11.611.

29

30

31

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  1         Section 80.  Paragraph (b) of subsection (3) of section

  2  468.354, Florida Statutes, as amended by section 178 of

  3  chapter 99-397, Laws of Florida, is reenacted to read:

  4         468.354  Board of Respiratory Care; organization;

  5  function.--

  6         (3)

  7         (b)  To achieve staggering of terms, within 120 days

  8  after July 1, 1999, the Governor shall appoint the board

  9  members as follows:

10         1.  Two members shall be appointed for terms of 2

11  years.

12         2.  Two members shall be appointed for terms of 3

13  years.

14         3.  Three members shall be appointed for terms of 4

15  years.

16

17         Reviser's note.--Reenacted to confirm the

18         continued existence of the paragraph despite

19         the repeal by s. 57, ch. 99-5, Laws of Florida,

20         a reviser's bill. Section 178, ch. 99-397, Laws

21         of Florida, amended paragraph (3)(b) to require

22         that, in order to achieve staggered terms,

23         within 120 days after July 1, 1999, the

24         Governor appoint board members for terms of

25         office ranging from 2 to 4 years; prior to

26         amendment, the appointments were to be made

27         within 120 days after October 1, 1984.

28

29

30

31

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