Senate Bill sb1336

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    Florida Senate - 2002        (NP)                      SB 1336

    By Senator Lee





    rb01sb-02

  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 11.45, 14.203, 14.29, 15.091,

  4         20.171, 20.23, 20.255, 20.41, 20.435, 27.015,

  5         27.345, 27.709, 39.01, 83.806, 101.27, 110.123,

  6         110.191, 110.205, 112.313, 121.052, 121.22,

  7         159.39, 163.3177, 189.412, 189.418, 196.1983,

  8         199.1055, 201.15, 202.18, 202.20, 202.37,

  9         206.46, 218.76, 267.1732, 282.102, 287.057,

10         288.9604, 288.9610, 316.515, 318.21, 320.08058,

11         320.645, 322.095, 327.301, 339.2405, 349.03,

12         370.0603, 373.042, 373.608, 381.6024, 395.2050,

13         395.4045, 399.125, 400.119, 400.141, 400.426,

14         402.313, 402.45, 402.731, 404.056, 408.045,

15         409.906, 409.91196, 420.503, 420.624, 440.14,

16         463.016, 464.203, 468.1135, 483.901, 494.003,

17         494.006, 550.2633, 550.6305, 553.73, 553.80,

18         625.171, 626.032, 626.202, 626.874, 627.702,

19         633.111, 660.27, 680.1031, 709.08, 723.06116,

20         731.201, 732.219, 733.501, 733.617, 734.101,

21         765.5185, 765.5215, 765.5216, 766.305, 784.074,

22         806.13, 921.0022, 985.03, 985.04, 985.231,

23         985.315, and 985.3155, F.S.; reenacting and

24         amending ss. 320.64 and 402.73(5), F.S.;

25         reenacting ss. 320.27(9), 409.9117(2),

26         458.347(7), 550.2625(7), 582.18(1), 658.26, and

27         766.1115(4), F.S.; and repealing ss. 15.18(5),

28         288.99(8)(e), 381.895(7), 450.211(10), 468.721,

29         624.408(1)(b)1., 627.072(4)(b)4., 627.192(11),

30         627.211(4), 627.311(4)(o), 697.20, 697.201,

31         697.202, 697.204, 697.205, and 697.206, F.S.,

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

  2         provisions which have expired, have become

  3         obsolete, have had their effect, have served

  4         their purpose, or have been impliedly repealed

  5         or superseded; replacing incorrect

  6         cross-references and citations; correcting

  7         grammatical, typographical, and like errors;

  8         removing inconsistencies, redundancies, and

  9         unnecessary repetition in the statutes;

10         improving the clarity of the statutes and

11         facilitating their correct interpretation; and

12         confirming the restoration of provisions

13         unintentionally omitted from republication in

14         the acts of the Legislature during the

15         amendatory process.

16

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

18

19         Section 1.  Paragraph (a) of subsection (3) and

20  subsection (5) of section 11.45, Florida Statutes, are amended

21  to read:

22         11.45  Definitions; duties; authorities; reports;

23  rules.--

24         (3)  AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--

25         (a)  The Auditor General may, pursuant to his or her

26  own authority, or at the direction of the Legislative Auditing

27  Committee, conduct audits or other engagements as determined

28  appropriate by the Auditor General of:

29         1.  The accounts and records of any governmental entity

30  created or established by law.

31

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  1         2.  The information technology programs, activities,

  2  functions, or systems of any governmental entity created or

  3  established by law.

  4         3.  The accounts and records of any charter school

  5  created or established by law.

  6         4.  The accounts and records of any direct-support

  7  organization or citizen support organization created or

  8  established by law. The Auditor General is authorized to

  9  require and receive any records from the direct-support

10  organization or citizen support organization, or from its

11  independent auditor.

12         5.  The public records associated with any

13  appropriation made by the General Appropriations Act to a

14  nongovernmental agency, corporation, or person. All records of

15  a nongovernmental agency, corporation, or person with respect

16  to the receipt and expenditure of such an appropriation shall

17  be public records and shall be treated in the same manner as

18  other public records are under general law.

19         6.  State financial assistance provided to any nonstate

20  entity.

21         7.  The Tobacco Settlement Financing Corporation

22  created pursuant to s. 215.56005.

23         8.  The Florida Virtual On-Line High School created

24  pursuant to s. 228.082.

25         9.  Any purchases of federal surplus lands for use as

26  sites for correctional facilities as described in s. 253.037.

27         10.  Enterprise Florida, Inc., including any of its

28  boards, advisory committees, or similar groups created by

29  Enterprise Florida, Inc., and programs.  The audit report may

30  not reveal the identity of any person who has anonymously made

31  a donation to Enterprise Florida, Inc., pursuant to this

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  1  subparagraph. The identity of a donor or prospective donor to

  2  Enterprise Florida, Inc., who desires to remain anonymous and

  3  all information identifying such donor or prospective donor

  4  are confidential and exempt from the provisions of s.

  5  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

  6  anonymity shall be maintained in the auditor's report.

  7         11.  The Florida Development Finance Corporation or the

  8  capital development board or the programs or entities created

  9  by the board. The audit or report may not reveal the identity

10  of any person who has anonymously made a donation to the board

11  pursuant to this subparagraph. The identity of a donor or

12  prospective donor to the board who desires to remain anonymous

13  and all information identifying such donor or prospective

14  donor are confidential and exempt from the provisions of s.

15  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

16  anonymity shall be maintained in the auditor's report.

17         12.  The records pertaining to the use of funds from

18  voluntary contributions on a motor vehicle registration

19  application or on a driver's license application authorized

20  pursuant to ss. 320.023 and 322.081.

21         13.  The records pertaining to the use of funds from

22  the sale of specialty license plates described in chapter 320.

23         14.  The transportation corporations under contract

24  with the Department of Transportation that are acting on

25  behalf of the state to secure and obtain rights-of-way for

26  urgently needed transportation systems and to assist in the

27  planning and design of such systems pursuant to ss.

28  339.401-339.421.

29         15.  The acquisitions and divestitures related to the

30  Florida Communities Trust Program created pursuant to chapter

31  380.

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  1         16.  The Florida Water Pollution Control Financing

  2  Corporation created pursuant to s. 403.1837.

  3         17.  The Florida Partnership for School Readiness

  4  created pursuant to s. 411.01.

  5         18.  The Occupational Access and Opportunity Commission

  6  created pursuant to s. 413.83.

  7         19.  The Florida Special Disability Trust Fund

  8  Financing Corporation created pursuant to s. 440.49.

  9         20.  Workforce Florida, Inc., or the programs or

10  entities created by Workforce Florida, Inc., created pursuant

11  to s. 445.004.

12         21.  The corporation defined in s. 455.32 that is under

13  contract with the Department of Business and Professional

14  Regulation to provide administrative, investigative,

15  examination, licensing, and prosecutorial support services in

16  accordance with the provisions of s. 455.32 and the practice

17  act of the relevant profession.

18         22.  The Florida Engineers Management Corporation

19  created pursuant to chapter 471.

20         23.  The Investment Fraud Restoration Financing

21  Corporation created pursuant to chapter 517.

22         24.  The books and records of any permitholder that

23  conducts race meetings or jai alai exhibitions under chapter

24  550.

25         25.  The corporation defined in part II of chapter 946,

26  known as the Prison Rehabilitative Industries and Diversified

27  Enterprises, Inc., or PRIDE Enterprises.

28         (5)  PETITION FOR AN AUDIT BY THE AUDITOR GENERAL.--The

29  Legislative Auditing Committee shall direct the Auditor

30  General to make a financial audit of any municipality whenever

31  petitioned to do so by at least 20 percent of the electors of

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  1  that municipality. The supervisor of elections of the county

  2  in which the municipality is located shall certify whether or

  3  not the petition contains the signatures of at least 20

  4  percent of the electors of the municipality. After the

  5  completion of the audit, the Auditor General shall determine

  6  whether the municipality has the fiscal resources necessary to

  7  pay the cost of the audit. The municipality shall pay the cost

  8  of the audit within 90 days after the Auditor General's

  9  determination that the municipality has the available

10  resources. If the municipality fails to pay the cost of the

11  audit, the Department of Revenue shall, upon certification of

12  the Auditor General, withhold from that portion of the

13  distribution pursuant to s. 212.20(6)(d)6. 212.20(6)(e)6.

14  which is distributable to such municipality, a sum sufficient

15  to pay the cost of the audit and shall deposit that sum into

16  the General Revenue Fund of the state.

17

18         Reviser's note.--Paragraph (3)(a) is amended to

19         conform to the redesignation of the Florida

20         On-Line High School as the Florida Virtual High

21         School by s. 28, ch. 2001-170, Laws of Florida.

22         Subsection (5) is amended to conform to the

23         redesignation of s. 212.20(6)(e)6. as s.

24         212.20(6)(d)6. by s. 29, ch. 2001-140, Laws of

25         Florida.

26

27         Section 2.  Subsection (2) of section 14.203, Florida

28  Statutes, as created by s. 50, ch. 94-249, Laws of Florida,

29  and amended by s. 4, ch. 97-79, Laws of Florida, is amended to

30  read:

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  1         14.203  State Council on Competitive Government.--It is

  2  the policy of this state that all state services be performed

  3  in the most effective and efficient manner in order to provide

  4  the best value to the citizens of the state. The state also

  5  recognizes that competition among service providers may

  6  improve the quality of services provided, and that

  7  competition, innovation, and creativity among service

  8  providers should be encouraged.

  9         (2)  There is hereby created the State Council on

10  Competitive Government, which shall be composed of the

11  Governor and Cabinet, sitting as the Administration Commission

12  as defined in s. 14.202. The council, on its own initiative,

13  or the Office of Program Policy Analysis and Government

14  Accountability, created pursuant to s. 11.51, or the

15  Commission on Government Accountability to the People, created

16  pursuant to s. 286.30, may identify commercial activities

17  currently being performed by state agencies and, if it is

18  determined that such services may be better provided by

19  requiring competition with private sources or other state

20  agency service providers, may recommend that a state agency

21  engage in any process, including competitive bidding, that

22  creates competition with private sources or other state agency

23  service providers.

24

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

26         repeal of s. 286.30, which created the

27         Commission on Government Accountability to the

28         People, by s. 25, ch. 2001-89, Laws of Florida.

29

30         Section 3.  Subsection (4) of section 14.29, Florida

31  Statutes, is amended to read:

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  1         14.29  Florida Commission on Community Service.--

  2         (4)  Members of the commission shall serve for terms of

  3  3 years, except that of those voting members initially

  4  appointed, no less than five and up to eight shall serve for

  5  terms of 1 year and no less than five and up to eight shall

  6  serve for terms of 2 years. Members may be reappointed for

  7  successive terms. A vacancy shall be filled for the remainder

  8  of the unexpired term in the same manner as the original

  9  appointment.

10

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

12         language relating to initial terms of

13         membership.

14

15         Section 4.  Subsection (6) of section 15.091, Florida

16  Statutes, is amended to read:

17         15.091  Processing fees; filing under chapter 679,

18  Uniform Commercial Code.--The nonrefundable processing fees

19  for filing of any financing statement or other writing

20  required or permitted to be filed by any provision of chapter

21  679 of the Uniform Commercial Code are:

22         (6)  For use, pursuant to s. 679.525(1)(d) 679.402(8),

23  of a nonapproved form, $5.

24

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

26         repeal of s. 679.402(8) by s. 4, ch. 2001-198,

27         Laws of Florida, and creation of a new

28         provision for a fee for use of nonapproved

29         forms in s. 679.525(1)(d) by s. 6, ch.

30         2001-198.

31

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  1         Section 5.  Subsection (5) of section 15.18, Florida

  2  Statutes, is repealed.

  3

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

  5         to the requirement to maintain a list relating

  6         to recognition of foreign money judgments that

  7         was deleted from s. 55.605(2)(g) by s. 11, ch.

  8         2001-154, Laws of Florida.

  9

10         Section 6.  Paragraph (c) of subsection (2) of section

11  20.171, Florida Statutes, is amended to read:

12         20.171  Department of Labor and Employment

13  Security.--There is created a Department of Labor and

14  Employment Security. The department shall operate its programs

15  in a decentralized fashion.

16         (2)

17         (c)  The managers of all divisions and offices

18  specifically named in this section and the directors of the

19  five field offices are exempt from part II of chapter 110 and

20  are included in the Senior Management Service in accordance

21  with s. 110.205(2)(j) 110.205(2)(i). No other assistant

22  secretaries or senior management positions at or above the

23  division level, except those established in chapter 110, may

24  be created without specific legislative authority.

25

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

27         redesignation of s. 110.205(2)(i) as s.

28         110.205(2)(j) by s. 2, ch. 2001-261, Laws of

29         Florida.

30

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  1         Section 7.  Subsection (5) of section 20.23, Florida

  2  Statutes, is amended to read:

  3         20.23  Department of Transportation.--There is created

  4  a Department of Transportation which shall be a decentralized

  5  agency.

  6         (5)  Notwithstanding the provisions of s. 110.205, the

  7  Department of Management Services is authorized to exempt

  8  positions within the Department of Transportation which are

  9  comparable to positions within the Senior Management Service

10  pursuant to s. 110.205(2)(j) 110.205(2)(i) or positions which

11  are comparable to positions in the Selected Exempt Service

12  under s. 110.205(2)(m) 110.205(2)(l).

13

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

15         redesignation of s. 110.205(2)(i) as s.

16         110.205(2)(j) and the redesignation of s.

17         110.205(2)(l) as s. 110.205(2)(m) by s. 2, ch.

18         2001-261, Laws of Florida.

19

20         Section 8.  Subsections (2) and (7) of section 20.255,

21  Florida Statutes, are amended to read:

22         20.255  Department of Environmental Protection.--There

23  is created a Department of Environmental Protection.

24         (2)(a)  There shall be three deputy secretaries who are

25  to be appointed by and shall serve at the pleasure of the

26  secretary. The secretary may assign any deputy secretary the

27  responsibility to supervise, coordinate, and formulate policy

28  for any division, office, or district. The following special

29  offices are established and headed by managers, each of whom

30  is to be appointed by and serve at the pleasure of the

31  secretary:

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  1         1.  Office of Chief of Staff,

  2         2.  Office of General Counsel,

  3         3.  Office of Inspector General,

  4         4.  Office of External Affairs,

  5         5.  Office of Legislative and Government Affairs, and

  6         6.  Office of Greenways and Trails.

  7         (b)  There shall be six administrative districts

  8  involved in regulatory matters of waste management, water

  9  resource management, wetlands, and air resources, which shall

10  be headed by managers, each of whom is to be appointed by and

11  serve at the pleasure of the secretary. Divisions of the

12  department may have one assistant or two deputy division

13  directors, as required to facilitate effective operation.

14

15  The managers of all divisions and offices specifically named

16  in this section and the directors of the six administrative

17  districts are exempt from part II of chapter 110 and are

18  included in the Senior Management Service in accordance with

19  s. 110.205(2)(j) 110.205(2)(i).

20         (7)  There is created as a part of the Department of

21  Environmental Protection an Environmental Regulation

22  Commission. The commission shall be composed of seven

23  residents of this state appointed by the Governor, subject to

24  confirmation by the Senate. In making appointments, the

25  Governor shall provide reasonable representation from all

26  sections of the state. Membership shall be representative of

27  agriculture, the development industry, local government, the

28  environmental community, lay citizens, and members of the

29  scientific and technical community who have substantial

30  expertise in the areas of the fate and transport of water

31  pollutants, toxicology, epidemiology, geology, biology,

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  1  environmental sciences, or engineering. The Governor shall

  2  appoint the chair, and the vice chair shall be elected from

  3  among the membership. The members serving on the commission on

  4  July 1, 1995, shall continue to serve on the commission for

  5  the remainder of their current terms. All appointments

  6  thereafter shall continue to be for 4-year terms. The Governor

  7  may at any time fill a vacancy for the unexpired term. The

  8  members of the commission shall serve without compensation,

  9  but shall be paid travel and per diem as provided in s.

10  112.061 while in the performance of their official duties.

11  Administrative, personnel, and other support services

12  necessary for the commission shall be furnished by the

13  department.

14

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

16         conform to the redesignation of s.

17         110.205(2)(i) as s. 110.205(2)(j) by s. 2, ch.

18         2001-261, Laws of Florida. Subsection (7) is

19         amended to delete obsolete language relating to

20         initial terms of membership.

21

22         Section 9.  Subsection (1) of section 20.41, Florida

23  Statutes, is amended to read:

24         20.41  Department of Elderly Affairs.--There is created

25  a Department of Elderly Affairs.

26         (1)  The head of the department is the Secretary of

27  Elderly Affairs. The secretary must be appointed by the

28  Governor, subject to confirmation by the Senate. The

29  requirement for Senate confirmation applies to any person so

30  appointed on or after July 1, 1994. The secretary serves at

31  the pleasure of the Governor. The secretary shall administer

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  1  the affairs of the department and may employ assistants,

  2  professional staff, and other employees as necessary to

  3  discharge the powers and duties of the department.

  4

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

  6         language.

  7

  8         Section 10.  Paragraphs (a) and (c) of subsection (1)

  9  of section 20.435, Florida Statutes, are amended to read:

10         20.435  Department of Health; trust funds.--

11         (1)  The following trust funds are hereby created, to

12  be administered by the Department of Health:

13         (a)  Administrative Trust Fund.

14         1.  Funds to be credited to the trust fund shall

15  consist of regulatory fees such as those pertaining to the

16  licensing, permitting, and inspection of septic tanks, food

17  hygiene, onsite sewage, Superfund Super Act compliance, solid

18  waste management, tanning facilities, mobile home and

19  recreational vehicle park inspection, other departmental

20  regulatory and health care programs, and indirect earnings

21  from grants.  Funds shall be used for the purpose of

22  supporting the regulatory activities of the department and for

23  other such purposes as may be appropriate and shall be

24  expended only pursuant to legislative appropriation or an

25  approved amendment to the department's operating budget

26  pursuant to the provisions of chapter 216.

27         2.  Notwithstanding the provisions of s. 216.301 and

28  pursuant to s. 216.351, any balance in the trust fund at the

29  end of any fiscal year shall remain in the trust fund at the

30  end of the year and shall be available for carrying out the

31  purposes of the trust fund.

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  1         (c)  Grants and Donations Trust Fund.

  2         1.  Funds to be credited to the trust fund shall

  3  consist of restricted contractual revenue from public or

  4  private sources such as receipts from Medicaid, funds from

  5  federal environmental laws such as the Safe Drinking Water Act

  6  and the Superfund Super Act, funds from other health and

  7  environmental programs, and funds from private sources such as

  8  foundations.  Funds shall be used for the purpose of

  9  supporting the activities of the department and shall be

10  expended only pursuant to legislative appropriation or an

11  approved amendment to the department's operating budget

12  pursuant to the provisions of chapter 216.

13         2.  Notwithstanding the provisions of s. 216.301 and

14  pursuant to s. 216.351, any balance in the trust fund at the

15  end of any fiscal year shall remain in the trust fund at the

16  end of the year and shall be available for carrying out the

17  purposes of the trust fund.

18

19         Reviser's note.--Amended to provide consistent

20         terminology with federal law.

21

22         Section 11.  Section 27.015, Florida Statutes, is

23  amended to read:

24         27.015  Private practice prohibited.--All state

25  attorneys elected to said office after November 1, 1970, shall

26  be so elected on a full-time basis and shall be prohibited

27  from the private practice of law while holding said office.

28

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

30         language.

31

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  1         Section 12.  Subsection (3) of section 27.345, Florida

  2  Statutes, is amended to read:

  3         27.345  State Attorney RICO Trust Fund; authorized use

  4  of funds; reporting.--

  5         (3)  Each state attorney shall report to the Executive

  6  Office of the Governor annually by November 15, commencing in

  7  1985, the amounts recovered pursuant to this section for the

  8  previous fiscal year.

  9

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

11         language.

12

13         Section 13.  Paragraph (e) of subsection (1) of section

14  27.709, Florida Statutes, is amended to read:

15         27.709  Commission on Capital Cases.--

16         (1)

17         (e)  The initial members of the commission must be

18  appointed on or before October 1, 1997. Members of the

19  commission shall be appointed to serve terms of 4 years each,

20  except that a member's term shall expire upon leaving office

21  as a member of the Senate or the House of Representatives. Two

22  of the initial members, one from the Senate and one from the

23  House of Representatives, shall be appointed for terms of 2

24  years each. Two of the initial members, one from the Senate

25  and one from the House of Representatives, shall be appointed

26  for terms of 3 years each.

27

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

29         language relating to initial terms of

30         membership.

31

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  1         Section 14.  Subsection (10) of section 39.01, Florida

  2  Statutes, is amended to read:

  3         39.01  Definitions.--When used in this chapter, unless

  4  the context otherwise requires:

  5         (10)  "Caregiver" means the parent, legal custodian,

  6  adult household member, or other person responsible for a

  7  child's welfare as defined in subsection (47) (48).

  8

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

10         redesignation of subsection (48) as subsection

11         (47) by s. 15, ch. 2000-139, Laws of Florida.

12

13         Section 15.  Subsection (5) of section 83.806, Florida

14  Statutes, is amended to read:

15         83.806  Enforcement of lien.--An owner's lien as

16  provided in s. 83.805 may be satisfied as follows:

17         (5)  Any sale or other disposition of the personal

18  property shall conform to the terms of the notification as

19  provided for in this section and shall be conducted in a

20  commercially reasonable manner, as that term is used in s.

21  679.610 679.504(3).

22

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

24         repeal of s. 679.504(3), by s. 6, ch. 2001-198,

25         Laws of Florida, and the creation of s.

26         679.610, relating to similar subject matter, by

27         s. 7, ch. 2001-198.

28

29         Section 16.  Subsection (4) of section 101.27, Florida

30  Statutes, is amended to read:

31         101.27  Voting machine ballots.--

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  1         (4)  If the official ballot is longer than the voting

  2  machine can accommodate, paper ballots may be used in

  3  conjunction with a voting machine, in which case the order of

  4  the offices on the voting machine ballot shall be the same as

  5  prescribed in s. 101.151(2) ss. 101.141(4) and 101.151(3).

  6  Where the machine ballot is filled in this order, there shall

  7  be a continuation of the ballot in the same order on paper

  8  ballots, except that no state or federal opposed officer shall

  9  be placed upon a paper ballot.  In any primary election, if

10  the official ballot is longer than the voting machine can

11  accommodate, paper ballots may be used in conjunction with a

12  voting machine, in which case the order of the offices on the

13  voting machine ballot shall be the same as prescribed in s.

14  101.141(4), except that no portion of a category of candidates

15  as established in s. 101.141(4) shall be divided between the

16  voting machine ballot and the paper ballot.  In the event a

17  category of candidates must be removed from the voting machine

18  ballot because of the foregoing provision, the supervisor of

19  elections in such county may complete the balance of the

20  voting machine ballot with some whole portion of another

21  category of candidates out of its proper sequence, except that

22  no state or federal office shall be placed upon a paper

23  ballot.

24

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

26         repeal of s. 101.141(4) by s. 32, ch. 2001-40,

27         Laws of Florida, and to the redesignation of s.

28         101.151(3) as s. 101.151(2) by s. 7, ch.

29         2001-40.

30

31

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  1         Section 17.  Paragraph (b) of subsection (4) of section

  2  110.123, Florida Statutes, is amended to read:

  3         110.123  State group insurance program.--

  4         (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;

  5  LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--

  6         (b)  If a state officer or full-time state employee

  7  selects membership in a health maintenance organization as

  8  authorized by paragraph (3)(h) (3)(g), the officer or employee

  9  is entitled to a state contribution toward individual and

10  dependent membership as provided by the Legislature through

11  the appropriations act.

12

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

14         redesignation of paragraph (3)(g) as (3)(h) by

15         s. 1, ch. 2001-192, Laws of Florida.

16

17         Section 18.  Subsection (2) of section 110.191, Florida

18  Statutes, is amended to read:

19         110.191  State employee leasing.--

20         (2)  Positions which are in the Senior Management

21  Service System or the Selected Exempt Service System on the

22  day before the state employee lease agreement takes effect

23  shall remain in the respective system if the duties performed

24  by the position during the assignment of the state employee

25  lease agreement are comparable as determined by the

26  department.  Those Senior Management Service System or

27  Selected Exempt Service System positions which are not

28  determined comparable by the department and positions which

29  are in other pay plans on the day before the lease agreement

30  takes effect shall have the same salaries and benefits

31

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  1  provided to employees of the Office of the Governor pursuant

  2  to s. 110.205(2)(l)2 110.205(2)(k)2.

  3

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

  5         redesignation of s. 110.205(2)(k)2. as s.

  6         110.205(2)(l)2. by s. 2, ch. 2001-261, Laws of

  7         Florida.

  8

  9         Section 19.  Paragraph (x) of subsection (2) of section

10  110.205, Florida Statutes, is amended to read:

11         110.205  Career service; exemptions.--

12         (2)  EXEMPT POSITIONS.--The exempt positions that are

13  not covered by this part include the following:

14         (x)  Effective July 1, 2001, Managerial employees, as

15  defined in s. 447.203(4), confidential employees, as defined

16  in s. 447.203(5), and supervisory employees who spend the

17  majority of their time communicating with, motivating,

18  training, and evaluating employees, and planning and directing

19  employees' work, and who have the authority to hire, transfer,

20  suspend, lay off, recall, promote, discharge, assign, reward,

21  or discipline subordinate employees or effectively recommend

22  such action, including all employees serving as supervisors,

23  administrators, and directors. Excluded are employees also

24  designated as special risk or special risk administrative

25  support and attorneys who serve as administrative law judges

26  pursuant to s. 120.65 or for hearings conducted pursuant to s.

27  120.57(1)(a). Additionally, registered nurses licensed under

28  chapter 464, dentists licensed under chapter 466,

29  psychologists licensed under chapter 490 or chapter 491,

30  nutritionists or dietitians licensed under part X of chapter

31  468, pharmacists licensed under chapter 465, psychological

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  1  specialists licensed under chapter 491, physical therapists

  2  licensed under chapter 486, and speech therapists licensed

  3  under part I of chapter 468 are excluded, unless otherwise

  4  collectively bargained.

  5

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

  7         that has served its purpose and to improve

  8         clarity.

  9

10         Section 20.  Subsection (14) of section 112.313,

11  Florida Statutes, is amended to read:

12         112.313  Standards of conduct for public officers,

13  employees of agencies, and local government attorneys.--

14         (14)  LOBBYING BY FORMER LOCAL OFFICERS;

15  PROHIBITION.--A person who has been elected to any county,

16  municipal, special district, or school district office may not

17  personally represent another person or entity for compensation

18  before the governing body of which the person was an officer

19  for a period of 2 years after vacating that office. The

20  provisions of this subsection shall not apply to elected

21  officers holding office as of October 1, 1992, until after

22  their next election, and shall not apply to elected officers

23  of school districts holding office on January 1, 1995, until

24  after their next election.

25

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

27         that has served its purpose.

28

29         Section 21.  Paragraph (e) of subsection (6) of section

30  121.052, Florida Statutes, is amended to read:

31         121.052  Membership class of elected officers.--

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  1         (6)  DUAL EMPLOYMENT.--A member may not participate in

  2  more than one state-administered retirement system, plan, or

  3  class of membership simultaneously.  If an elected officer

  4  becomes dually employed, or if a member becomes dually

  5  employed as an elected officer, such officer shall have 6

  6  months to elect membership from among the plans or classes for

  7  which he or she is eligible, as set forth in this subsection.

  8  Failure to make election during the prescribed period shall

  9  result in compulsory membership in the Elected Officers'

10  Class.

11         (e)  Where a former elected officer purchasing

12  additional retirement credit under former subparagraph

13  (5)(b)2. was dually employed, employee and employer

14  contributions paid for service in the position not covered by

15  the Elected Officers' Class shall be refunded to the employee

16  and employer, as applicable, and no salaries earned in a class

17  other than the Elected Officers' Class shall apply toward the

18  officer's average final compensation.

19

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

21         deletion of former subparagraph (5)(b)2. by s.

22         3, ch. 97-180, Laws of Florida.

23

24         Section 22.  Subsection (1) of section 121.22, Florida

25  Statutes, is amended to read:

26         121.22  State Retirement Commission; creation;

27  membership; compensation.--

28         (1)  There is created within the Department of

29  Management Services a State Retirement Commission composed of

30  three members: One member who is retired under a

31  state-supported retirement system administered by the

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  1  department; one member who is an active member of a

  2  state-supported retirement system that is administered by the

  3  department; and one member who is neither a retiree,

  4  beneficiary, or member of a state-supported retirement system

  5  is administered by the department. Each member shall have a

  6  different occupational background from the other members.

  7

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

  9

10         Section 23.  Section 159.39, Florida Statutes, is

11  amended to read:

12         159.39  Negotiability of bonds.--All bonds issued under

13  the provisions of this part, regardless of form or terms, are

14  hereby declared to have all the qualities and incidents,

15  including negotiability, of investment securities under the

16  Uniform Commercial Code of the state. Compliance with the

17  provisions of the code respecting the filing of a financing

18  statement to perfect a security interest shall not be deemed

19  necessary for perfecting any security interest granted by a

20  local agency in connection with the issuance of any such

21  bonds; nevertheless, and notwithstanding s. 679.1091(4)(n)

22  679.104(5), financing statements with respect to such security

23  interests may be filed pursuant to the applicable provisions

24  of the code to further evidence the grant and perfection of

25  such security interests.

26

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

28         repeal of s. 679.104(5), and the creation of s.

29         679.1091(4)(n) containing similar material, by

30         s. 1, ch. 2001-198, Laws of Florida.

31

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  1         Section 24.  Paragraph (d) of subsection (11) of

  2  section 163.3177, Florida Statutes, is amended to read:

  3         163.3177  Required and optional elements of

  4  comprehensive plan; studies and surveys.--

  5         (11)

  6         (d)1.  The department, in cooperation with the

  7  Department of Agriculture and Consumer Services, shall provide

  8  assistance to local governments in the implementation of this

  9  paragraph and rule 9J-5.006(5)(l), Florida Administrative

10  Code.  Implementation of those provisions shall include a

11  process by which the department may authorize up to five local

12  governments to designate all or portions of lands classified

13  in the future land use element as predominantly agricultural,

14  rural, open, open-rural, or a substantively equivalent land

15  use, as a rural land stewardship area within which planning

16  and economic incentives are applied to encourage the

17  implementation of innovative and flexible planning and

18  development strategies and creative land use planning

19  techniques, including those contained in rule 9J-5.006(5)(l),

20  Florida Administrative Code.

21         2.  The department shall encourage participation by

22  local governments of different sizes and rural

23  characteristics.  It is the intent of the Legislature that

24  rural land stewardship areas be used to further the following

25  broad principles of rural sustainability:  restoration and

26  maintenance of the economic value of rural land; control of

27  urban sprawl; identification and protection of ecosystems,

28  habitats, and natural resources; promotion of rural economic

29  activity; maintenance of the viability of Florida's

30  agricultural economy; and protection of the character of rural

31  areas of Florida.

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  1         3.  A local government may apply to the department in

  2  writing requesting consideration for authorization to

  3  designate a rural land stewardship area and shall describe its

  4  reasons for applying for the authorization with supporting

  5  documentation regarding its compliance with criteria set forth

  6  in this section.

  7         4.  In selecting a local government, the department

  8  shall, by written agreement:

  9         a.  Ensure that the local government has expressed its

10  intent to designate a rural land stewardship area pursuant to

11  the provisions of this subsection and clarify that the rural

12  land stewardship area is intended.

13         b.  Ensure that the local government has the financial

14  and administrative capabilities to implement a rural land

15  stewardship area.

16         5.  The written agreement shall include the basis for

17  the authorization and provide criteria for evaluating the

18  success of the authorization including the extent the rural

19  land stewardship area enhances rural land values; control

20  urban sprawl; provides necessary open space for agriculture

21  and protection of the natural environment; promotes rural

22  economic activity; and maintains rural character and the

23  economic viability of agriculture.  The department may

24  terminate the agreement at any time if it determines that the

25  local government is not meeting the terms of the agreement.

26         6.  A rural land stewardship area shall be not less

27  than 50,000 acres and shall not exceed 250,000 acres in size,

28  shall be located outside of municipalities and established

29  urban growth boundaries, and shall be designated by plan

30  amendment.  The plan amendment designating a rural land

31  stewardship area shall be subject to review by the Department

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  1  of Community Affairs pursuant to s. 163.3184 and shall provide

  2  for the following:

  3         a.  Criteria for the designation of receiving areas

  4  within rural land stewardship areas in which innovative

  5  planning and development strategies may be applied.  Criteria

  6  shall at a minimum provide for the following: adequacy of

  7  suitable land to accommodate development so as to avoid

  8  conflict with environmentally sensitive areas, resources, and

  9  habitats; compatibility between and transition from higher

10  density uses to lower intensity rural uses; the establishment

11  of receiving area service boundaries which provide for a

12  separation between receiving areas and other land uses within

13  the rural land stewardship area through limitations on the

14  extension of services; and connection of receiving areas with

15  the rest of the rural land stewardship area using rural design

16  and rural road corridors.

17         b.  Goals, objectives, and policies setting forth the

18  innovative planning and development strategies to be applied

19  within rural land stewardship areas pursuant to the provisions

20  of this section.

21         c.  A process for the implementation of innovative

22  planning and development strategies within the rural land

23  stewardship area, including those described in this subsection

24  and rule 9J-5.006(5)(l), Florida Administrative Code, which

25  provide for a functional mix of land uses and which are

26  applied through the adoption by the local government of zoning

27  and land development regulations applicable to the rural land

28  stewardship area.

29         d.  A process which encourages visioning pursuant to s.

30  163.3167(11) to ensure that innovative planning and

31

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  1  development strategies comply with the provisions of this

  2  section.

  3         e.  The control of sprawl through the use of innovative

  4  strategies and creative land use techniques consistent with

  5  the provisions of this subsection and rule rural

  6  9J-5.006(5)(l), Florida Administrative Code.

  7         7.  A receiving area shall be designated by the

  8  adoption of a land development regulation.  Prior to the

  9  designation of a receiving area, the local government shall

10  provide the Department of Community Affairs a period of 30

11  days in which to review a proposed receiving area for

12  consistency with the rural land stewardship area plan

13  amendment and to provide comments to the local government.

14         8.  Upon the adoption of a plan amendment creating a

15  rural land stewardship area, the local government shall, by

16  ordinance, assign to the area a certain number of credits, to

17  be known as "transferable rural land use credits," which shall

18  not constitute a right to develop land, nor increase density

19  of land, except as provided by this section.  The total amount

20  of transferable rural land use credits assigned to the rural

21  land stewardship area must correspond to the 25-year or

22  greater projected population of the rural land stewardship

23  area.  Transferable rural land use credits are subject to the

24  following limitations:

25         a.  Transferable rural land use credits may only exist

26  within a rural land stewardship area.

27         b.  Transferable rural land use credits may only be

28  used on lands designated as receiving areas and then solely

29  for the purpose of implementing innovative planning and

30  development strategies and creative land use planning

31

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  1  techniques adopted by the local government pursuant to this

  2  section.

  3         c.  Transferable rural land use credits assigned to a

  4  parcel of land within a rural land stewardship area shall

  5  cease to exist if the parcel of land is removed from the rural

  6  land stewardship area by plan amendment.

  7         d.  Neither the creation of the rural land stewardship

  8  area by plan amendment nor the assignment of transferable

  9  rural land use credits by the local government shall operate

10  to displace the underlying density of land uses assigned to a

11  parcel of land within the rural land stewardship area;

12  however, if transferable rural land use credits are

13  transferred from a parcel for use within a designated

14  receiving area, the underlying density assigned to the parcel

15  of land shall cease to exist.

16         e.  The underlying density on each parcel of land

17  located within a rural land stewardship area shall not be

18  increased or decreased by the local government, except as a

19  result of the conveyance or use of transferable rural land use

20  credits, as long as the parcel remains within the rural land

21  stewardship area.

22         f.  Transferable rural land use credits shall cease to

23  exist on a parcel of land where the underlying density

24  assigned to the parcel of land is utilized.

25         g.  An increase in the density of use on a parcel of

26  land located within a designated receiving area may occur only

27  through the assignment or use of transferable rural land use

28  credits and shall not require a plan amendment.

29         h.  A change in the density of land use on parcels

30  located within receiving areas shall be specified in a

31  development order which reflects the total number of

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  1  transferable rural land use credits assigned to the parcel of

  2  land and the infrastructure and support services necessary to

  3  provide for a functional mix of land uses corresponding to the

  4  plan of development.

  5         i.  Land within a rural land stewardship area may be

  6  removed from the rural land stewardship area through a plan

  7  amendment.

  8         j.  Transferable rural land use credits may be assigned

  9  at different ratios of credits per acre according to the land

10  use remaining following the transfer of credits, with the

11  highest number of credits per acre assigned to preserve

12  environmentally valuable land and a lesser number of credits

13  to be assigned to open space and agricultural land.

14         k.  The use or conveyance of transferable rural land

15  use credits must be recorded in the public records of the

16  county in which the property is located as a covenant or

17  restrictive easement running with the land in favor of the

18  county and either the Department of Environmental Protection,

19  Department of Agriculture and Consumer Services, a water

20  management district, or a recognized statewide land trust.

21         9.  Owners of land within rural land stewardship areas

22  should be provided incentives to enter into rural land

23  stewardship agreements, pursuant to existing law and rules

24  adopted thereto, with state agencies, water management

25  districts, and local governments to achieve mutually agreed

26  upon conservation objectives.  Such incentives may include,

27  but not be limited to, the following:

28         a.  Opportunity to accumulate transferable mitigation

29  credits.

30         b.  Extended permit agreements.

31

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  1         c.  Opportunities for recreational leases and

  2  ecotourism.

  3         d.  Payment for specified land management services on

  4  publicly owned land, or property under covenant or restricted

  5  easement in favor of a public entity.

  6         e.  Option agreements for sale to government, in either

  7  fee or easement, upon achievement of conservation objectives.

  8         10.  The department shall report to the Legislature on

  9  an annual basis on the results of implementation of rural land

10  stewardship areas authorized by the department, including

11  successes and failures in achieving the intent of the

12  Legislature as expressed in this paragraph.  It is further the

13  intent of the Legislature that the success of authorized rural

14  land stewardship areas be substantiated before implemention

15  occurs on a statewide basis.

16

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

18         interpretation.

19

20         Section 25.  Subsection (1) of section 189.412, Florida

21  Statutes, is amended to read:

22         189.412  Special District Information Program; duties

23  and responsibilities.--The Special District Information

24  Program of the Department of Community Affairs is created and

25  has the following special duties:

26         (1)  The collection and maintenance of special district

27  compliance status reports from the Auditor General, the

28  Department of Banking and Finance, the Division of Bond

29  Finance of the State Board of Administration, the Department

30  of Management Services, the Department of Revenue, and the

31  Commission on Ethics for the reporting required in ss.

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  1  112.3144, 112.3145, 112.3148, 112.3149, 112.63, 200.068,

  2  218.32, 218.34, 218.38, 218.39, and 280.17 and chapter 121 and

  3  from state agencies administering programs that distribute

  4  money to special districts. The special district compliance

  5  status reports must consist of a list of special districts

  6  used in that state agency and a list of which special

  7  districts did not comply with the reporting statutorily

  8  required by that agency.

  9

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

11         repeal of s. 218.34 by s. 149, ch. 2001-266,

12         Laws of Florida.

13

14         Section 26.  Subsection (6) of section 189.418, Florida

15  Statutes, is amended to read:

16         189.418  Reports; budgets; audits.--

17         (6)  All reports or information required to be filed

18  with a local governing authority under ss. 189.416, 189.417,

19  218.32, and 218.39 and this section shall:

20         (a)  When the local governing authority is a county, be

21  filed with the clerk of the board of county commissioners.

22         (b)  When the district is a multicounty district, be

23  filed with the clerk of the county commission in each county.

24         (c)  When the local governing authority is a

25  municipality, be filed at the place designated by the

26  municipal governing body.

27

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

29         interpretation.

30

31

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  1         Section 27.  Section 196.1983, Florida Statutes, is

  2  amended to read:

  3         196.1983  Charter school exemption from ad valorem

  4  taxes.--Any facility, or portion thereof, used to house a

  5  charter school whose charter has been approved by the sponsor

  6  and the governing board pursuant to s. 228.056(10) 228.056(9)

  7  shall be exempt from ad valorem taxes. For leasehold

  8  properties, the landlord must certify by affidavit to the

  9  charter school that the lease payments shall be reduced to the

10  extent of the exemption received.  The owner of the property

11  shall disclose to a charter school the full amount of the

12  benefit derived from the exemption and the method for ensuring

13  that the charter school receives such benefit.  The charter

14  school shall receive the full benefit derived from the

15  exemption through either an annual or monthly credit to the

16  charter school's lease payments.

17

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

19         redesignation of s. 228.056(9) as s.

20         228.056(10) by s. 12, ch. 2001-86, Laws of

21         Florida.

22

23         Section 28.  Paragraph (a) of subsection (1) of section

24  199.1055, Florida Statutes, is amended to read:

25         199.1055  Contaminated site rehabilitation tax

26  credit.--

27         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

28         (a)  A credit in the amount of 35 percent of the costs

29  of voluntary cleanup activity that is integral to site

30  rehabilitation at the following sites is allowed against any

31

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  1  tax due for a taxable year under s. 199.032, less any credit

  2  allowed by former s. 220.68 for that year:

  3         1.  A drycleaning-solvent-contaminated site eligible

  4  for state-funded site rehabilitation under s. 376.3078(3);

  5         2.  A drycleaning-solvent-contaminated site at which

  6  cleanup is undertaken by the real property owner pursuant to

  7  s. 376.3078(11), if the real property owner is not also, and

  8  has never been, the owner or operator of the drycleaning

  9  facility where the contamination exists; or

10         3.  A brownfield site in a designated brownfield area

11  under s. 376.80.

12

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

14         repeal of s. 220.68 by s. 8, ch. 2000-157, Laws

15         of Florida.

16

17         Section 29.  Subsection (6) of section 201.15, Florida

18  Statutes, is amended to read:

19         201.15  Distribution of taxes collected.--All taxes

20  collected under this chapter shall be distributed as follows

21  and shall be subject to the service charge imposed in s.

22  215.20(1), except that such service charge shall not be levied

23  against any portion of taxes pledged to debt service on bonds

24  to the extent that the amount of the service charge is

25  required to pay any amounts relating to the bonds:

26         (6)  Two and twenty-eight hundredths percent of the

27  remaining taxes collected under this chapter shall be paid

28  into the State Treasury to the credit of the Invasive Aquatic

29  Plant Control Trust Fund to carry out the purposes set forth

30  in ss. 369.22 and 369.252.

31

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

  2         redesignation of the Aquatic Plant Control

  3         Trust Fund as the Invasive Plant Control Trust

  4         Fund by s. 1, ch. 99-312, Laws of Florida.

  5

  6         Section 30.  Paragraph (c) of subsection (2) of section

  7  202.18, Florida Statutes, is amended to read:

  8         202.18  Allocation and disposition of tax

  9  proceeds.--The proceeds of the communications services taxes

10  remitted under this chapter shall be treated as follows:

11         (2)  The proceeds of the taxes remitted under s.

12  202.12(1)(c) shall be divided as follows:

13         (c)1.  During each calendar year, the remaining portion

14  of such proceeds shall be transferred to the Local Government

15  Half-cent Sales Tax Clearing Trust Fund and shall be allocated

16  in the same proportion as the allocation of total receipts of

17  the half-cent sales tax under s. 218.61 and the emergency

18  distribution under s. 218.65 in the prior state fiscal year.

19  However, during calendar year 2001, state fiscal year

20  2000-2001 proportions shall be used.

21         2.  The proportion of the proceeds allocated based on

22  the emergency distribution under s. 218.65 shall be

23  distributed pursuant to s. 218.65.

24         3.  In each calendar year, the proportion of the

25  proceeds allocated based on the half-cent sales tax under s.

26  218.61 shall be allocated to each county in the same

27  proportion as the county's percentage of total sales tax

28  allocation for the prior state fiscal year and distributed

29  pursuant to s. 218.62, except that for calendar year 2001,

30  state fiscal year 2000-2001 proportions shall be used.

31

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  1         4.  The department shall distribute the appropriate

  2  amount to each municipality and county each month at the same

  3  time that local communications services taxes are distributed

  4  pursuant to subsection (3).

  5

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

  7         language.

  8

  9         Section 31.  Paragraph (b) of subsection (2) of section

10  202.20, Florida Statutes, is amended to read:

11         202.20  Local communications services tax conversion

12  rates.--

13         (2)

14         (b)  Except as otherwise provided in this subsection,

15  "replaced revenue sources," as used in this section, means the

16  following taxes, charges, fees, or other impositions to the

17  extent that the respective local taxing jurisdictions were

18  authorized to impose them prior to July 1, 2000.

19         1.  With respect to municipalities and charter counties

20  and the taxes authorized by s. 202.19(1):

21         a.  The public service tax on telecommunications

22  authorized by former s. 166.231(9).

23         b.  Franchise fees on cable service providers as

24  authorized by 47 U.S.C. s. 542.

25         c.  The public service tax on prepaid calling

26  arrangements.

27         d.  Franchise fees on dealers of communications

28  services which use the public roads or rights-of-way, up to

29  the limit set forth in s. 337.401. For purposes of calculating

30  rates under this section, it is the legislative intent that

31  charter counties be treated as having had the same authority

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  1  as municipalities to impose franchise fees on recurring local

  2  telecommunication service revenues prior to July 1, 2000.

  3  However, the Legislature recognizes that the authority of

  4  charter counties to impose such fees is in dispute, and the

  5  treatment provided in this section is not an expression of

  6  legislative intent that charter counties actually do or do not

  7  possess such authority.

  8         e.  Actual permit fees relating to placing or

  9  maintaining facilities in or on public roads or rights-of-way,

10  collected from providers of long-distance, cable, and mobile

11  communications services for the fiscal year ending September

12  30, 1999; however, if a municipality or charter county elects

13  the option to charge permit fees pursuant to s.

14  337.401(3)(c)1.a., such fees shall not be included as a

15  replaced revenue source.

16         2.  With respect to all other counties and the taxes

17  authorized in s. 202.19(1), franchise fees on cable service

18  providers as authorized by 47 U.S.C. s. 542.

19

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

21         repeal of s. 166.231(9) by s. 38, ch. 2000-260,

22         Laws of Florida.

23

24         Section 32.  Paragraph (a) of subsection (1) of section

25  202.37, Florida Statutes, is amended to read:

26         202.37  Special rules for administration of local

27  communications services tax.--

28         (1)(a)  Except as otherwise provided in this section,

29  all statutory provisions and administrative rules applicable

30  to the communications services tax imposed by s. 202.12 apply

31  to any local communications services tax imposed under s.

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  1  202.19, and the department shall administer, collect, and

  2  enforce all taxes imposed under s. 202.19, including interest

  3  and penalties attributable thereto, in accordance with the

  4  same procedures used in the administration, collection, and

  5  enforcement of the communications services tax imposed by s.

  6  202.12.  Audits performed by the department shall include a

  7  determination of the dealer's compliance with the

  8  jurisdictional situsing of its customers' service addresses

  9  and a determination of whether the rate collected for the

10  local tax pursuant to ss. 202.19 and 202.20 is correct. The

11  person or entity designated by a local government pursuant to

12  s. 213.053(7)(v) 213.053(7)(u) may provide evidence to the

13  department demonstrating a specific person's failure to fully

14  or correctly report taxable communications services sales

15  within the jurisdiction. The department may request additional

16  information from the designee to assist in any review. The

17  department shall inform the designee of what action, if any,

18  the department intends to take regarding the person.

19

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

21         redesignation of s. 213.053(7)(u) as created by

22         s. 1, ch. 2001-139, Laws of Florida, as s.

23         213.053(7)(v) by the reviser incident to

24         compiling the 2001 Florida Statutes.

25

26         Section 33.  Subsection (3) of section 206.46, Florida

27  Statutes, is amended to read:

28         206.46  State Transportation Trust Fund.--

29         (3)  Through fiscal year 1999-2000, a minimum of 14.3

30  percent of all state revenues deposited into the State

31  Transportation Trust Fund shall be committed annually by the

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  1  department for public transportation projects in accordance

  2  with chapter 311, ss. 332.003-332.007, chapter 341, and

  3  chapter 343. Beginning in fiscal year 2000-2001, and each year

  4  thereafter, Each fiscal year, a minimum of 15 percent of all

  5  state revenues deposited into the State Transportation Trust

  6  Fund shall be committed annually by the department for public

  7  transportation projects in accordance with chapter 311, ss.

  8  332.003-332.007, chapter 341, and chapter 343.

  9

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

11         language.

12

13         Section 34.  Subsection (2) of section 218.76, Florida

14  Statutes, is amended to read:

15         218.76  Improper payment request or invoice; resolution

16  of disputes.--

17         (2)  In the event a dispute occurs between a vendor and

18  a local governmental entity concerning payment of a payment

19  request or an invoice, such disagreement shall be finally

20  determined by the local governmental entity as provided in

21  this section.  Each local governmental entity shall establish

22  a dispute resolution procedure to be followed by the local

23  governmental entity in cases of such disputes.  Such procedure

24  shall provide that proceedings to resolve the dispute shall be

25  commenced not later than 45 days after the date on which the

26  payment request or proper invoice was received by the local

27  governmental entity and shall be concluded by final decision

28  of the local governmental entity not later than 60 days after

29  the date on which the payment request or proper invoice was

30  received by the local governmental entity.  Such procedures

31  shall not be subject to chapter 120, and such procedures shall

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  1  not constitute an administrative proceeding which prohibits a

  2  court from deciding de novo any action arising out of the

  3  dispute.  If the dispute is resolved in favor of the local

  4  governmental entity, then interest charges shall begin to

  5  accrue 15 days after the local governmental entity's final

  6  decision.  If the dispute is resolved in favor of the vendor,

  7  then interest shall begin to accrue as of the original date

  8  the payment became due.

  9

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

11         interpretation.

12

13         Section 35.  Subsections (7) and (9) of section

14  267.1732, Florida Statutes, are amended to read:

15         267.1732  Direct-support organization.--

16         (7)  The direct-support organization shall provide for

17  an annual financial and compliance audit of its financial

18  accounts and records by an independent certified public

19  accountant in accordance with s. 215.981 251.981 and generally

20  accepted accounting standards. The annual audit report must be

21  submitted to the university for review and approval. The

22  university, the Auditor General, and others authorized in s.

23  240.299 shall have the authority to require and receive from

24  the direct-support organization, or from its independent

25  auditor, any detail or supplemental data relative to the

26  operation of the organization. Upon approval, the university

27  shall certify the audit report to the Auditor General for

28  review.

29         (9)  Provisions governing direct-support organizations

30  in s. 240.299 240.99 and not provided in this section shall

31  apply to the direct-support organization.

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  1         Reviser's note.--Subsection (7) is amended to

  2         correct an apparent error and to improve

  3         clarity and facilitate correct interpretation.

  4         Section 251.981 does not exist; s. 215.981

  5         relates to audits of state agency

  6         direct-support organizations. Subsection (9) is

  7         amended to correct an apparent error. Section

  8         240.99 does not exist; s. 240.299 relates to

  9         direct-support organizations.

10

11         Section 36.  Subsection (8) of section 282.102, Florida

12  Statutes, is amended to read:

13         282.102  Creation of the State Technology Office;

14  powers and duties.--There is created a State Technology Office

15  within the Department of Management Services. The office shall

16  be a separate budget entity, and shall be headed by a Chief

17  Information Officer who is appointed by the Governor and is in

18  the Senior Management Service. The Chief Information Officer

19  shall be an agency head for all purposes. The Department of

20  Management Services shall provide administrative support and

21  service to the office to the extent requested by the Chief

22  Information Officer. The office may adopt policies and

23  procedures regarding personnel, procurement, and transactions

24  for State Technology Office personnel. The office shall have

25  the following powers, duties, and functions:

26         (8)  To enter into agreements related to information

27  technology with state agencies and of political subdivisions

28  of the state.

29

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

31         facilitate correct interpretation.

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  1         Section 37.  Subsections (9), (13), and (17) of section

  2  287.057, Florida Statutes, are amended to read:

  3         287.057  Procurement of commodities or contractual

  4  services.--

  5         (9)  An agency shall not divide the procurement of

  6  commodities or contractual services so as to avoid the

  7  requirements of subsections (1), (2), and (4) (3).

  8         (13)  Except for those contracts initially procured

  9  pursuant to paragraph (4)(a) (3)(a) or paragraph (4)(c)

10  (3)(c), contracts for commodities or contractual services may

11  be renewed on a yearly basis for no more than 2 years or for a

12  period no longer than the term of the original contract,

13  whichever period is longer.  Renewal of a contract for

14  commodities or contractual services shall be in writing and

15  shall be subject to the same terms and conditions set forth in

16  the initial contract.  If the commodity or contractual service

17  is purchased as a result of the solicitation of bids or

18  proposals, the cost of any contemplated renewals shall be

19  included in the invitation to bid or request for proposals.

20  Renewals shall be contingent upon satisfactory performance

21  evaluations by the agency.

22         (17)  No person who receives a contract which has not

23  been procured pursuant to subsection (1), subsection (2), or

24  subsection (4) (3) to perform a feasibility study of the

25  potential implementation of a subsequent contract,

26  participating in the drafting of an invitation to bid or

27  request for proposals, or developing a program for future

28  implementation shall be eligible to contract with the agency

29  for any other contracts dealing with that specific subject

30  matter; nor shall any firm in which such person has any

31  interest be eligible to receive such contract.

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

  2         internal renumbering of s. 287.057 by s. 4, ch.

  3         2001-278, Laws of Florida.

  4

  5         Section 38.  Subsection (3) of section 288.9604,

  6  Florida Statutes, is amended to read:

  7         288.9604  Creation of the authority.--

  8         (3)  Upon activation of the corporation, the Governor,

  9  subject to confirmation by the Senate, shall appoint the board

10  of directors of the corporation, who shall be five in number.

11  The terms of office for the directors shall be for 4 years,

12  except that three of the initial directors shall be designated

13  to serve terms of 1, 2, and 3 years, respectively, from the

14  date of their appointment, and all other directors shall be

15  designated to serve terms of 4 years from the date of their

16  appointment. A vacancy occurring during a term shall be filled

17  for the unexpired term. A director shall be eligible for

18  reappointment. At least three of the directors of the

19  corporation shall be bankers who have been selected by the

20  Governor from a list of bankers who were nominated by

21  Enterprise Florida, Inc., and one of the directors shall be an

22  economic development specialist. The chairperson of the

23  Florida Black Business Investment Board shall be an ex officio

24  member of the board of the corporation.

25

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

27         language relating to initial terms of board

28         members.

29

30         Section 39.  Subsection (1) of section 288.9610,

31  Florida Statutes, is amended to read:

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  1         288.9610  Annual reports of Florida Development Finance

  2  Corporation.--By December 1 of each year, the Florida

  3  Development Finance Corporation shall submit to the Governor,

  4  the President of the Senate, the Speaker of the House of

  5  Representatives, the Senate Minority Leader, the House

  6  Minority Leader, and the city or county activating the Florida

  7  Development Finance Corporation a complete and detailed report

  8  setting forth:

  9         (1)  The evaluation required in s. 11.45(3)(a)11

10  288.9616(1).

11

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

13         repeal of s. 288.9616 by s. 141, ch. 2001-266,

14         Laws of Florida, and the enactment of a similar

15         provision in s. 11.45(3)(a)11. by s. 15, ch.

16         2001-266.

17

18         Section 40.  Paragraph (e) of subsection (8) of section

19  288.99, Florida Statutes, is repealed.

20

21         Reviser's note.--The cited paragraph, which

22         provided a January 1, 1999, effective date for

23         subsection (8), has served its purpose.

24

25         Section 41.  Subsection (14) of section 316.515,

26  Florida Statutes, is amended to read:

27         316.515  Maximum width, height, length.--

28         (14)  MANUFACTURED BUILDINGS.--The Department of

29  Transportation may, in its discretion and upon application and

30  good cause shown therefor that the same is not contrary to the

31  public interest, issue a special permit for truck

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  1  tractor-semitrailer combinations where the total number of

  2  overwidth deliveries of manufactured buildings, as defined in

  3  s. 553.36(12) 553.36(11), may be reduced by permitting the use

  4  of an overlength trailer of no more than 54 feet.

  5

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

  7         redesignation of s. 553.36(11) as s. 553.36(12)

  8         by s. 21, ch. 2001-186, Laws of Florida.

  9

10         Section 42.  Subsection (6) of section 318.21, Florida

11  Statutes, as amended by section 11 of chapter 2001-122, Laws

12  of Florida, is amended to read:

13         318.21  Disposition of civil penalties by county

14  courts.--All civil penalties received by a county court

15  pursuant to the provisions of this chapter shall be

16  distributed and paid monthly as follows:

17         (6)  For every violation of s. 316.613 or s. 316.614,

18  $5 will be deducted from the civil penalty assessed under this

19  chapter and remitted to the Department of Revenue for deposit

20  in the Epilepsy Services Trust Fund established under s.

21  385.207.  The remainder must be distributed pursuant to

22  subsections (1) and (2).

23

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

25         facilitate correct interpretation.

26

27         Section 43.  Paragraph (b) of subsection (14) of

28  section 320.08058, Florida Statutes, is amended to read:

29         320.08058  Specialty license plates.--

30         (14)  FLORIDA AGRICULTURAL LICENSE PLATES.--

31

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  1         (b)  The proceeds of the Florida Agricultural license

  2  plate annual use fee must be forwarded to the direct-support

  3  organization created in s. 570.903 570.912. The funds must be

  4  used for the sole purpose of funding and promoting the Florida

  5  agriculture in the classroom program established within the

  6  Department of Agriculture and Consumer Services pursuant to s.

  7  570.91.

  8

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

10         repeal of s. 570.912 by s. 141, ch. 2001-266,

11         Laws of Florida, and the revision of the duties

12         of the direct-support organization in s.

13         570.903 by s. 123, ch. 2001-266.

14

15         Section 44.  Subsection (9) of section 320.27, Florida

16  Statutes, is reenacted to read:

17         320.27  Motor vehicle dealers.--

18         (9)  DENIAL, SUSPENSION, OR REVOCATION.--The department

19  may deny, suspend, or revoke any license issued hereunder or

20  under the provisions of s. 320.77 or s. 320.771, upon proof

21  that a licensee has failed to comply with any of the following

22  provisions with sufficient frequency so as to establish a

23  pattern of wrongdoing on the part of the licensee:

24         (a)  Willful violation of any other law of this state,

25  including chapter 319, this chapter, or ss. 559.901-559.9221,

26  which has to do with dealing in or repairing motor vehicles or

27  mobile homes or willful failure to comply with any

28  administrative rule promulgated by the department.

29  Additionally, in the case of used motor vehicles, the willful

30  violation of the federal law and rule in 15 U.S.C. s. 2304, 16

31  C.F.R. part 455, pertaining to the consumer sales window form.

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  1         (b)  Commission of fraud or willful misrepresentation

  2  in application for or in obtaining a license.

  3         (c)  Perpetration of a fraud upon any person as a

  4  result of dealing in motor vehicles, including, without

  5  limitation, the misrepresentation to any person by the

  6  licensee of the licensee's relationship to any manufacturer,

  7  importer, or distributor.

  8         (d)  Representation that a demonstrator is a new motor

  9  vehicle, or the attempt to sell or the sale of a demonstrator

10  as a new motor vehicle without written notice to the purchaser

11  that the vehicle is a demonstrator. For the purposes of this

12  section, a "demonstrator," a "new motor vehicle," and a "used

13  motor vehicle" shall be defined as under s. 320.60.

14         (e)  Unjustifiable refusal to comply with a licensee's

15  responsibility under the terms of the new motor vehicle

16  warranty issued by its respective manufacturer, distributor,

17  or importer. However, if such refusal is at the direction of

18  the manufacturer, distributor, or importer, such refusal shall

19  not be a ground under this section.

20         (f)  Misrepresentation or false, deceptive, or

21  misleading statements with regard to the sale or financing of

22  motor vehicles which any motor vehicle dealer has, or causes

23  to have, advertised, printed, displayed, published,

24  distributed, broadcast, televised, or made in any manner with

25  regard to the sale or financing of motor vehicles.

26         (g)  Requirement by any motor vehicle dealer that a

27  customer or purchaser accept equipment on his or her motor

28  vehicle which was not ordered by the customer or purchaser.

29         (h)  Requirement by any motor vehicle dealer that any

30  customer or purchaser finance a motor vehicle with a specific

31  financial institution or company.

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  1         (i)  Failure by any motor vehicle dealer to provide a

  2  customer or purchaser with an odometer disclosure statement

  3  and a copy of any bona fide written, executed sales contract

  4  or agreement of purchase connected with the purchase of the

  5  motor vehicle purchased by the customer or purchaser.

  6         (j)  Failure of any motor vehicle dealer to comply with

  7  the terms of any bona fide written, executed agreement,

  8  pursuant to the sale of a motor vehicle.

  9         (k)  Requirement by the motor vehicle dealer that the

10  purchaser of a motor vehicle contract with the dealer for

11  physical damage insurance.

12         (l)  Violation of any of the provisions of s. 319.35 by

13  any motor vehicle dealer.

14         (m)  Either a history of bad credit or an unfavorable

15  credit rating as revealed by the applicant's official credit

16  report or by investigation by the department.

17         (n)  Failure to apply for transfer of a title as

18  prescribed in s. 319.23(6).

19         (o)  Use of the dealer license identification number by

20  any person other than the licensed dealer or his or her

21  designee.

22         (p)  Conviction of a felony.

23         (q)  Failure to continually meet the requirements of

24  the licensure law.

25         (r)  When a motor vehicle dealer is convicted of a

26  crime which results in his or her being prohibited from

27  continuing in that capacity, the dealer may not continue in

28  any capacity within the industry.  The offender shall have no

29  financial interest, management, sales, or other role in the

30  operation of a dealership.  Further, the offender may not

31  derive income from the dealership beyond reasonable

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  1  compensation for the sale of his or her ownership interest in

  2  the business.

  3         (s)  Representation to a customer or any advertisement

  4  to the general public representing or suggesting that a motor

  5  vehicle is a new motor vehicle if such vehicle lawfully cannot

  6  be titled in the name of the customer or other member of the

  7  general public by the seller using a manufacturer's statement

  8  of origin as permitted in s. 319.23(1).

  9         (t)  Failure to honor a bank draft or check given to a

10  motor vehicle dealer for the purchase of a motor vehicle by

11  another motor vehicle dealer within 10 days after notification

12  that the bank draft or check has been dishonored. A single

13  violation of this paragraph is sufficient for revocation or

14  suspension. If the transaction is disputed, the maker of the

15  bank draft or check shall post a bond in accordance with the

16  provisions of s. 559.917, and no proceeding for revocation or

17  suspension shall be commenced until the dispute is resolved.

18         (u)  Sale by a motor vehicle dealer of a vehicle

19  offered in trade by a customer prior to consummation of the

20  sale, exchange, or transfer of a newly acquired vehicle to the

21  customer, unless the customer provides written authorization

22  for the sale of the trade-in vehicle prior to delivery of the

23  newly acquired vehicle.

24

25         Reviser's note.--Section 40, ch. 2001-196, Laws

26         of Florida, purported to amend subsection (9)

27         but did not publish the amended subsection.

28         Absent affirmative evidence of legislative

29         intent to repeal it, subsection (9) is

30         reenacted to confirm that the omission was not

31         intended.

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  1         Section 45.  Section 320.64, Florida Statutes, is

  2  reenacted and subsection (22) of that section is amended to

  3  read:

  4         320.64  Denial, suspension, or revocation of license;

  5  grounds.--A license of a licensee under s. 320.61 may be

  6  denied, suspended, or revoked within the entire state or at

  7  any specific location or locations within the state at which

  8  the applicant or licensee engages or proposes to engage in

  9  business, upon proof that the section was violated with

10  sufficient frequency to establish a pattern of wrongdoing, and

11  a licensee or applicant shall be liable for claims and

12  remedies provided in ss. 320.695 and 320.697 for any violation

13  of any of the following provisions. A licensee is prohibited

14  from committing the following acts:

15         (1)  The applicant or licensee is determined to be

16  unable to carry out contractual obligations with its motor

17  vehicle dealers.

18         (2)  The applicant or licensee has knowingly made a

19  material misstatement in its application for a license.

20         (3)  The applicant or licensee willfully has failed to

21  comply with significant provisions of ss. 320.60-320.70 or

22  with any lawful rule or regulation adopted or promulgated by

23  the department.

24         (4)  The applicant or licensee has indulged in any

25  illegal act relating to his or her business.

26         (5)  The applicant or licensee has coerced or attempted

27  to coerce any motor vehicle dealer into accepting delivery of

28  any motor vehicle or vehicles or parts or accessories therefor

29  or any other commodities which have not been ordered by the

30  dealer.

31

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  1         (6)  The applicant or licensee has coerced or attempted

  2  to coerce any motor vehicle dealer to enter into any agreement

  3  with the licensee.

  4         (7)  The applicant or licensee has threatened to

  5  discontinue, cancel, or not to renew a franchise agreement of

  6  a licensed motor vehicle dealer, where the threatened

  7  discontinuation, cancellation, or nonrenewal, if implemented,

  8  would be in violation of any of the provisions of s. 320.641.

  9         (8)  The applicant or licensee discontinued, canceled,

10  or failed to renew, a franchise agreement of a licensed motor

11  vehicle dealer in violation of any of the provisions of s.

12  320.641.

13         (9)  The applicant or licensee has threatened to modify

14  or replace, or has modified or replaced, a franchise agreement

15  with a succeeding franchise agreement which would adversely

16  alter the rights or obligations of a motor vehicle dealer

17  under an existing franchise agreement or which substantially

18  impairs the sales, service obligations, or investment of the

19  motor vehicle dealer.

20         (10)  The applicant or licensee has attempted to enter,

21  or has entered, into a franchise agreement with a motor

22  vehicle dealer who does not, at the time of the franchise

23  agreement, have proper facilities to provide the services to

24  his or her purchasers of new motor vehicles which are covered

25  by the new motor vehicle warranty issued by the applicant or

26  licensee.

27         (11)  The applicant or licensee has coerced a motor

28  vehicle dealer to provide installment financing for the motor

29  vehicle dealer's purchasers with a specified financial

30  institution.

31

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  1         (12)  The applicant or licensee has advertised,

  2  printed, displayed, published, distributed, broadcast, or

  3  televised, or caused or permitted to be advertised, printed,

  4  displayed, published, distributed, broadcast, or televised, in

  5  any manner whatsoever, any statement or representation with

  6  regard to the sale or financing of motor vehicles which is

  7  false, deceptive, or misleading.

  8         (13)  The applicant or licensee has sold, exchanged, or

  9  rented a motorcycle which produces in excess of 5 brake

10  horsepower, knowing the use thereof to be by, or intended for,

11  the holder of a restricted Florida driver's license.

12         (14)  The applicant or licensee has engaged in previous

13  conduct which would have been a ground for revocation or

14  suspension of a license if the applicant or licensee had been

15  licensed.

16         (15)  The applicant or licensee, directly or

17  indirectly, through the actions of any parent of the licensee,

18  subsidiary of the licensee, or common entity causes a

19  termination, cancellation, or nonrenewal of a franchise

20  agreement by a present or previous distributor or importer

21  unless, by the effective date of such action, the applicant or

22  licensee offers the motor vehicle dealer whose franchise

23  agreement is terminated, canceled, or not renewed a franchise

24  agreement containing substantially the same provisions

25  contained in the previous franchise agreement or files an

26  affidavit with the department acknowledging its undertaking to

27  assume and fulfill the rights, duties, and obligations of its

28  predecessor distributor or importer under the terminated,

29  canceled, or nonrenewed franchise agreement and the same is

30  reinstated.

31

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  1         (16)  Notwithstanding the terms of any franchise

  2  agreement, the applicant or licensee prevents or refuses to

  3  accept the succession to any interest in a franchise agreement

  4  by any legal heir or devisee under the will of a motor vehicle

  5  dealer or under the laws of descent and distribution of this

  6  state; provided, the applicant or licensee is not required to

  7  accept a succession where such heir or devisee does not meet

  8  licensee's written, reasonable, and uniformly applied minimal

  9  standard qualifications for dealer applicants or which, after

10  notice and administrative hearing pursuant to chapter 120, is

11  demonstrated to be detrimental to the public interest or to

12  the representation of the applicant or licensee.  Nothing

13  contained herein, however, shall prevent a motor vehicle

14  dealer, during his or her lifetime, from designating any

15  person as his or her successor in interest by written

16  instrument filed with and accepted by the applicant or

17  licensee.  A licensee who rejects the successor transferee

18  under this subsection shall have the burden of establishing in

19  any proceeding where such rejection is in issue that the

20  rejection of the successor transferee complies with this

21  subsection.

22         (17)  The applicant or licensee has included in any

23  franchise agreement with a motor vehicle dealer terms or

24  provisions that are contrary to, prohibited by, or otherwise

25  inconsistent with the provisions contained in ss.

26  320.60-320.70, or has failed to include in such franchise

27  agreement a provision conforming to the requirements of s.

28  320.63(3).

29         (18)  The applicant or licensee has established a

30  system of motor vehicle allocation or distribution or has

31  implemented a system of allocation or distribution of motor

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  1  vehicles to one or more of its franchised motor vehicle

  2  dealers which is unfair, inequitable, unreasonably

  3  discriminatory, or not supportable by reason and good cause

  4  after considering the equities of the affected motor vehicles

  5  dealer or dealers. An applicant or licensee shall maintain for

  6  3 years records that describe its methods or formula of

  7  allocation and distribution of its motor vehicles and records

  8  of its actual allocation and distribution of motor vehicles to

  9  its motor vehicle dealers in this state.

10         (19)  The applicant or licensee, without good and fair

11  cause, has delayed, refused, or failed to provide a supply of

12  motor vehicles by series in reasonable quantities, including

13  the models publicly advertised by the applicant or licensee as

14  being available, or has delayed, refused, or failed to deliver

15  motor vehicle parts and accessories within a reasonable time

16  after receipt of an order by a franchised dealer.  However,

17  this subsection is not violated if such failure is caused by

18  acts or causes beyond the control of the applicant or

19  licensee.

20         (20)  The applicant or licensee has required, or

21  threatened to require, a motor vehicle dealer to prospectively

22  assent to a release, assignment, novation, waiver, or

23  estoppel, which instrument or document operates, or is

24  intended by the applicant or licensee to operate, to relieve

25  any person from any liability or obligation under the

26  provisions of ss. 320.60-320.70.

27         (21)  The applicant or licensee has threatened or

28  coerced a motor vehicle dealer toward conduct or action

29  whereby the dealer would waive or forego its right to protest

30  the establishment or relocation of a motor vehicle dealer in

31

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  1  the community or territory serviced by the threatened or

  2  coerced dealer.

  3         (22)  The applicant or licensee has refused to deliver,

  4  in reasonable quantities and within a reasonable time, to any

  5  duly licensed motor vehicle dealer who has an agreement with

  6  such applicant or licensee for the retail sale of new motor

  7  vehicles and parts for motor vehicles sold or distributed by

  8  the applicant or licensee, any such motor vehicles or parts as

  9  are covered by such agreement. Such refusal includes the

10  failure to offer to its same line-make franchised motor

11  vehicle dealers all models manufactured for that line-make, or

12  requiring a dealer to pay any extra fee, require a dealer to

13  execute a separate franchise agreement, purchase unreasonable

14  advertising displays or other materials, or remodel, renovate,

15  or recondition the dealer's existing facilities, or provide

16  exclusive facilities as a prerequisite to receiving a model or

17  series of vehicles. However, the failure to deliver any motor

18  vehicle or part will not be considered a violation of this

19  section if the failure is due to an act of God, work stoppage,

20  or delay due to a strike or labor difficulty, a freight

21  embargo, product shortage, or other cause over which the

22  applicant or licensee has no control. An applicant or licensee

23  may impose reasonable requirements on the motor vehicle

24  dealer, other than the items listed above, including, but not

25  limited to, the purchase of special tools required to properly

26  service a motor vehicle and the undertaking of sales person or

27  service person training related to the motor vehicle.

28         (23)  The applicant or licensee has competed or is

29  competing with respect to any activity covered by the

30  franchise agreement with a motor vehicle dealer of the same

31  line-make located in this state with whom the applicant or

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  1  licensee has entered into a franchise agreement, except as

  2  permitted in s. 320.645.

  3         (24)  The applicant or licensee has sold a motor

  4  vehicle to any retail consumer in the state except through a

  5  motor vehicle dealer holding a franchise agreement for the

  6  line-make that includes the motor vehicle. This section does

  7  not apply to sales by the applicant or licensee of motor

  8  vehicles to its current employees, employees of companies

  9  affiliated by common ownership, charitable

10  not-for-profit-organizations, and the federal government.

11         (25)  The applicant or licensee has undertaken an audit

12  of warranty payments or incentive payment previously paid to a

13  motor vehicle dealer in violation of this section or has

14  failed to comply with s. 320.696. An applicant or licensee may

15  reasonably and periodically audit a motor vehicle dealer to

16  determine the validity of paid claims. Audit of warranty

17  payments shall only be for the 1-year period immediately

18  following the date the claim was paid. Audit of incentive

19  payments shall only be for an 18-month period immediately

20  following the date the incentive was paid. An applicant or

21  licensee shall not deny a claim or charge a motor vehicle

22  dealer back subsequent to the payment of the claim unless the

23  applicant or licensee can show that the claim was false or

24  fraudulent or that the motor vehicle dealer failed to

25  substantially comply with the reasonable written and uniformly

26  applied procedures of the applicant or licensee for such

27  repairs or incentives.

28         (26)  Notwithstanding the terms of any franchise

29  agreement, the applicant or licensee has refused to allocate,

30  sell, or deliver motor vehicles; charged back or withheld

31  payments or other things of value for which the dealer is

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  1  otherwise eligible under a sales promotion, program, or

  2  contest; or prevented the motor vehicle dealer from

  3  participating in any promotion, program, or contest for

  4  selling a motor vehicle to a customer who was present at the

  5  dealership and the motor vehicle dealer did not know or should

  6  not have reasonably known that the vehicle would be shipped to

  7  a foreign country. There will be a rebuttable presumption that

  8  the dealer did not know or should not have reasonably known

  9  that the vehicle would be shipped to a foreign country if the

10  vehicle is titled in one of the 50 United States.

11         (27)  Notwithstanding the terms of any franchise

12  agreement, the applicant or licensee has failed or refused to

13  indemnify and hold harmless any motor vehicle dealer against

14  any judgment for damages, or settlements agreed to by the

15  applicant or licensee, including, without limitation, court

16  costs and reasonable attorneys fees, arising out of

17  complaints, claims, or lawsuits, including, without

18  limitation, strict liability, negligence, misrepresentation,

19  express or implied warranty, or revocation or rescission of

20  acceptance of the sale of a motor vehicle, to the extent the

21  judgment or settlement relates to the alleged negligent

22  manufacture, design, or assembly of motor vehicles, parts, or

23  accessories. Nothing herein shall obviate the licensee's

24  obligations pursuant to chapter 681.

25         (28)  The applicant or licensee has published,

26  disclosed, or otherwise made available in any form information

27  provided by a motor vehicle dealer with respect to sales

28  prices of motor vehicles or profit per motor vehicle sold.

29  Other confidential financial information provided by motor

30  vehicle dealers shall not be published, disclosed, or

31  otherwise made publicly available except in composite form.

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  1  However, this information may be disclosed with the written

  2  consent of the dealer or in response to a subpoena or order of

  3  the department, a court or a lawful tribunal, or introduced

  4  into evidence in such a proceeding, after timely notice to an

  5  affected dealer.

  6         (29)  The applicant or licensee has failed to reimburse

  7  a motor vehicle dealer in full for the reasonable cost of

  8  providing a loaner vehicle to any customer who is having a

  9  vehicle serviced at the motor vehicle dealer, if a loaner is

10  required by the applicant or licensee, or a loaner is

11  expressly part of an applicant or licensee's customer

12  satisfaction index or computation.

13         (30)  The applicant or licensee has conducted or

14  threatened to conduct any audit of a motor vehicle dealer in

15  order to coerce or attempt to coerce the dealer to forego any

16  rights granted to the dealer under ss. 320.60-320.70 or under

17  the agreement between the licensee and the motor vehicle

18  dealer. Nothing in this section shall prohibit an applicant or

19  licensee from reasonably and periodically auditing a dealer to

20  determine the validity of paid claims.

21         (31)  From and after the effective date of enactment of

22  this provision, the applicant or licensee has offered to any

23  motor vehicle dealer a franchise agreement that:

24         (a)  Requires that a motor vehicle dealer bring an

25  administrative or legal action in a venue outside of this

26  state;

27         (b)  Requires that any arbitration, mediation, or other

28  legal proceeding be conducted outside of this state; or

29         (c)  Requires that a law of a state other than Florida

30  be applied to any legal proceeding between a motor vehicle

31  dealer and a licensee.

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  1         (32)  Notwithstanding the terms of any franchise

  2  agreement, the applicant or licensee has rejected or withheld

  3  approval of any proposed transfer in violation of s. 320.643

  4  or a proposed change of executive management in violation of

  5  s. 320.644.

  6

  7  A motor vehicle dealer who can demonstrate that a violation

  8  of, or failure to comply with, any of the preceding provisions

  9  by an applicant or licensee will or can adversely and

10  pecuniarily affect the complaining dealer, shall be entitled

11  to pursue all of the remedies, procedures, and rights of

12  recovery available under ss. 320.695 and 320.697.

13

14         Reviser's note.--Section 21, ch. 2001-196, Laws

15         of Florida, amended portions of s. 320.64

16         without publishing the flush left language at

17         the end of the section. Absent affirmative

18         evidence of legislative intent to repeal it,

19         the flush left language is reenacted to confirm

20         that the omission was not intended. Subsection

21         (22) is amended to improve clarity.

22

23         Section 46.  Subsection (4) of section 320.645, Florida

24  Statutes, is amended to read:

25         320.645  Restriction upon ownership of dealership by

26  licensee.--

27         (4)  Nothing in this section shall prohibit a

28  licensee-distributor as defined in s. 320.60(5) that is not a

29  manufacturer, a division of a manufacturer, an entity that is

30  controlled by a manufacturer, or a common entity of a

31  manufacturer, and that is not owned, in whole or in part,

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  1  directly or indirectly, by a manufacturer, as defined in s.

  2  320.60(9), and that has owned and operated a motor vehicle

  3  dealership dealer in this state on or before July 1, 1996,

  4  other than a motor vehicle dealership dealer permitted by

  5  paragraph (1)(b), from receiving a license as defined in s.

  6  320.27 while owning and operating a motor vehicle dealership

  7  that sells or services motor vehicles other than any line-make

  8  of motor vehicles distributed by the licensee-distributor.

  9

10         Reviser's note.--Amended to provide contextual

11         consistency and facilitate correct

12         interpretation.

13

14         Section 47.  Subsection (2) of section 322.095, Florida

15  Statutes, is amended to read:

16         322.095  Traffic law and substance abuse education

17  program for driver's license applicants.--

18         (2)  The department shall contract for an independent

19  evaluation of the courses, and shall provide documentation to

20  the Legislature by October 1, 2000, measuring course

21  effectiveness. Local DUI programs authorized under s.

22  316.193(5) and certified by the department or a driver

23  improvement school may offer a traffic law and substance abuse

24  education course. However, prior to offering the course, the

25  course provider must obtain certification from the department

26  that the course complies with the requirements of this

27  section. The course provider must offer the approved course at

28  locations reasonably accessible to most applicants and must

29  issue a certificate to those persons successfully completing

30  the course.

31

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

  2         language.

  3

  4         Section 48.  Subsection (5) of section 327.301, Florida

  5  Statutes, is amended to read:

  6         327.301  Written reports of accidents.--

  7         (5)  For the purposes of this section, a written report

  8  includes a report generated through the use of information

  9  technology resources as defined in s. 282.0041 282.303.

10

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

12         redesignation of s. 282.303 as s. 282.0041 by

13         s. 10, ch. 2001-261, Laws of Florida.

14

15         Section 49.  Subsection (2) of section 339.2405,

16  Florida Statutes, is amended to read:

17         339.2405  Florida Highway Beautification Council.--

18         (2)  The first chair of the council shall be designated

19  by the Governor and shall serve as chair for 2 years. Each

20  subsequent chair shall be selected by the council members and

21  shall serve a 2-year term.

22

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

24         language.

25

26         Section 50.  Subsection (2) of section 349.03, Florida

27  Statutes, is amended to read:

28         349.03  Jacksonville Transportation Authority.--

29         (2)  The governing body of the authority shall consist

30  of seven members.  Three members shall be appointed by the

31  Governor and confirmed by the Senate.  Three members shall be

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  1  appointed by the mayor of the City of Jacksonville subject to

  2  confirmation by the council of the City of Jacksonville.  The

  3  seventh member shall be the district secretary of the

  4  Department of Transportation serving in the district that

  5  contains the City of Jacksonville. Except for the seventh

  6  member, members shall be residents and qualified electors of

  7  the City of Jacksonville.  The members of the authority

  8  holding office on July 1, 1979, shall continue in office until

  9  the expiration of their terms as if this section were not in

10  effect, to ensure staggered terms, and their successors shall

11  thereafter be appointed by either the mayor or the Governor,

12  whoever appointed the retiring member.

13

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

15         language.

16

17         Section 51.  Subsection (3) of section 370.0603,

18  Florida Statutes, is amended to read:

19         370.0603  Marine Resources Conservation Trust Fund;

20  purposes.--

21         (3)  Funds provided to the Marine Resources

22  Conservation Trust Fund from taxes distributed under s.

23  201.15(11) 201.15(8) shall be used for the following purposes:

24         (a)  To reimburse the cost of activities authorized

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

26  Department of the Interior. Such facilities must be involved

27  in the actual rescue and full-time acute care

28  veterinarian-based rehabilitation of manatees. The cost of

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

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

31  operation related to the rescue, treatment, stabilization,

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  1  maintenance, release, and monitoring of manatees. Moneys

  2  distributed through the contractual agreement to each facility

  3  for manatee rehabilitation must be proportionate to the number

  4  of manatees under acute care rehabilitation; the number of

  5  maintenance days medically necessary in the facility; and the

  6  number released during the previous fiscal year. The

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

  8  manatee per year.

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

10  rehabilitation of marine mammals at the Whitney Laboratory and

11  the College of Veterinary Medicine at the University of

12  Florida.

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

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

15  carried over for distribution in subsequent years.

16

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

18         redesignation of s. 201.15(8) as s. 201.15(11)

19         by s. 2, ch. 99-247, Laws of Florida, effective

20         July 1, 2001.

21

22         Section 52.  Subsection (2) of section 373.042, Florida

23  Statutes, is amended to read:

24         373.042  Minimum flows and levels.--

25         (2)  By July 1, 1996, the Southwest Florida Water

26  Management District shall amend and submit to the department

27  for review and approval its priority list for the

28  establishment of minimum flows and levels and delineating the

29  order in which the governing board shall establish the minimum

30  flows and levels for surface watercourses, aquifers, and

31  surface water in the counties of Hillsborough, Pasco, and

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  1  Pinellas. By November 15, 1997, and annually thereafter, each

  2  water management district shall submit to the department for

  3  review and approval a priority list and schedule for the

  4  establishment of minimum flows and levels for surface

  5  watercourses, aquifers, and surface waters within the

  6  district.  The priority list shall also identify those water

  7  bodies for which the district will voluntarily undertake

  8  independent scientific peer review.  By January 1, 1998, and

  9  annually thereafter, each water management district shall

10  publish its approved priority list and schedule in the Florida

11  Administrative Weekly. The priority list shall be based upon

12  the importance of the waters to the state or region and the

13  existence of or potential for significant harm to the water

14  resources or ecology of the state or region, and shall include

15  those waters which are experiencing or may reasonably be

16  expected to experience adverse impacts. The priority list and

17  schedule shall not be subject to any proceeding pursuant to

18  chapter 120.  Except as provided in subsection (3), the

19  development of a priority list and compliance with the

20  schedule for the establishment of minimum flows and levels

21  pursuant to this subsection shall satisfy the requirements of

22  subsection (1).

23

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

25         that has served its purpose.

26

27         Section 53.  Subsection (4) of section 373.608, Florida

28  Statutes, is amended to read:

29         373.608  Patents, copyrights, and trademarks.--Each

30  district may, in its own name:

31

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  1         (4)  Enforce the collection of any sums due to the

  2  district for the manufacture or use of such district work

  3  products by another other party.

  4

  5         Reviser's note.--Amended to improve clarity.

  6

  7         Section 54.  Paragraph (a) of subsection (4) of section

  8  381.6024, Florida Statutes, is amended to read:

  9         381.6024  Fees; Florida Organ and Tissue Donor

10  Education and Procurement Trust Fund.--

11         (4)(a)  Proceeds from fees, administrative penalties,

12  and surcharges collected pursuant to subsections (2) and (3)

13  must be deposited into the Florida Organ and Tissue Donor

14  Education and Procurement Trust Fund created by s. 765.52155

15  732.92155.

16

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

18         transfer of s. 732.92155 to s. 765.52155 by s.

19         73, ch. 2001-226, Laws of Florida.

20

21         Section 55.  Subsection (7) of section 381.895, Florida

22  Statutes, is repealed.

23

24         Reviser's note.--Repealed to delete a provision

25         that has served its purpose.

26

27         Section 56.  Subsection (1) of section 395.2050,

28  Florida Statutes, is amended to read:

29         395.2050  Routine inquiry for organ and tissue

30  donation; certification for procurement activities.--

31

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  1         (1)  Every general hospital, and every specialty

  2  hospital that offers the range of medical services offered by

  3  a general hospital but only to a portion of the population

  4  restricted by age or gender, licensed under this chapter shall

  5  comply with the requirements of s. 765.522 732.922 pertaining

  6  to requests for organ or tissue donation.

  7

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

  9         transfer of s. 732.922 to s. 765.522 by s. 75,

10         ch. 2001-226, Laws of Florida.

11

12         Section 57.  Subsection (4) of section 395.4045,

13  Florida Statutes, is amended to read:

14         395.4045  Emergency medical service providers; trauma

15  transport protocols; transport of trauma alert victims to

16  trauma centers; interfacility transfer.--

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

18  and the minimum criteria related to prehospital trauma

19  transport, trauma center or hospital destination

20  determinations, and interfacility trauma transfer transport by

21  an emergency medical services provider to be included in a

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

23  transport protocol and shall approve or disapprove each such

24  protocol. Trauma transport protocol rules pertaining to the

25  air transportation of trauma victims shall be consistent with,

26  but not limited to, applicable Federal Aviation Administration

27  regulation. Emergency medical services licensees and trauma

28  agencies shall be subject to monitoring by the department,

29  under ss. 395.401(3) and 401.31(1) 402.31(1) for compliance

30  with requirements, as applicable, regarding trauma transport

31  protocols and the transport of trauma victims.

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

  2         error and facilitate correct interpretation.

  3         Section 402.31 does not exist; s. 401.31(1)

  4         relates to monitoring of emergency medical

  5         services providers.

  6

  7         Section 58.  Section 399.125, Florida Statutes, is

  8  amended to read:

  9         399.125  Reporting of elevator accidents or incidents;

10  penalties.--Within 5 working days after any accident or

11  incident occurring in or upon any elevator, the certificate of

12  operation holder shall report the accident or incident to the

13  division on a form forum prescribed by the division. Failure

14  to timely file this report is a violation of this chapter and

15  will subject the certificate of operation holder to an

16  administrative fine, to be imposed by the division, in an

17  amount not to exceed $1,000.

18

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

20         facilitate correct interpretation.

21

22         Section 59.  Subsection (5) of section 400.119, Florida

23  Statutes, is amended to read:

24         400.119  Confidentiality of records and meetings of

25  risk management and quality assurance committees.--

26         (5)  This section is subject to the Open Government

27  Sunset Review Act of 1995 in accordance with s. 119.15, and

28  shall stand repealed on October 2, 2006, October 1, 2006,

29  unless reviewed and saved from repeal through reenactment by

30  the Legislature.

31

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

  2         error. Section 119.15(3)(a) requires repeal of

  3         exemptions from the Open Government Sunset

  4         Review Act of 1995 to be effective "on October

  5         2nd of the 5th year" after enactment of the

  6         exemption. The enactment of s. 400.119, with

  7         its exemption, by s. 1, ch. 2001-44, Laws of

  8         Florida, erroneously provided a repeal date of

  9         October 1, 2006. The correct date pursuant to

10         s. 119.15(3) is October 2, 2006.

11

12         Section 60.  Subsection (23) of section 400.141,

13  Florida Statutes, is amended to read:

14         400.141  Administration and management of nursing home

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

16  applicable standards and rules of the agency and shall:

17         (23)  Assess all residents for eligibility for

18  pneumococcal polysaccharide vaccination (PPV) and vaccinate

19  residents when indicated within 60 days after the effective

20  date of this act in accordance with the recommendations of the

21  United States Centers for Disease Control and Prevention,

22  subject to exemptions for medical contraindications and

23  religious or personal beliefs. Residents admitted after the

24  effective date of this act shall be assessed within 5 working

25  days of admission and, when indicated, vaccinated within 60

26  days in accordance with the recommendations of the United

27  States Centers for Disease Control and Prevention, subject to

28  exemptions for medical contraindications contradictions and

29  religious or personal beliefs. Immunization shall not be

30  provided to any resident who provides documentation that he or

31  she has been immunized as required by this subsection. This

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  1  subsection does not prohibit a resident from receiving the

  2  immunization from his or her personal physician if he or she

  3  so chooses. A resident who chooses to receive the immunization

  4  from his or her personal physician shall provide proof of

  5  immunization to the facility. The agency may adopt and enforce

  6  any rules necessary to comply with or implement this

  7  subsection.

  8

  9  Facilities that have been awarded a Gold Seal under the

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

11  provide certified nursing assistant training as prescribed by

12  federal regulations and state rules and may apply to the

13  agency for approval of their program.

14

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

16         facilitate correct interpretation.

17

18         Section 61.  Subsection (4) of section 400.426, Florida

19  Statutes, is amended to read:

20         400.426  Appropriateness of placements; examinations of

21  residents.--

22         (4)  If possible, each resident shall have been

23  examined by a licensed physician or a licensed nurse

24  practitioner within 60 days before admission to the facility.

25  The signed and completed medical examination report shall be

26  submitted to the owner or administrator of the facility who

27  shall use the information contained therein to assist in the

28  determination of the appropriateness of the resident's

29  admission and continued stay in the facility.  The medical

30  examination report shall become a permanent part of the record

31  of the resident at the facility and shall be made available to

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  1  the agency during inspection or upon request.  An assessment

  2  that has been completed through the Comprehensive Assessment

  3  and Review for Long-Term Care Services (CARES) Program

  4  fulfills the requirements for a medical examination under this

  5  subsection and s. 400.407(3)(b)6 400.407(4)(b)6.

  6

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

  8         error and facilitate correct interpretation.

  9         Section 400.407(4)(b)6. does not exist; s.

10         400.407(3)(b)6. relates to medical examinations

11         of persons prior to admission to a facility.

12

13         Section 62.  Subsection (4) of section 402.313, Florida

14  Statutes, is amended to read:

15         402.313  Family day care homes.--

16         (4)  Operators of family day care homes shall take an

17  approved 30-clock-hour introductory course in child care.

18  Family day care homes licensed or registered on June 30, 1999,

19  shall have until June 30, 2001, to comply with this course

20  requirement, except that the department shall exempt family

21  day care homes in this category that can demonstrate that the

22  operator has received at least 30 hours of training. Family

23  day care homes initially licensed or registered on or after

24  July 1, 1999, but before October 1, 1999, shall have until

25  October 1, 1999, to comply with the 30-clock-hour course

26  requirement. Family day care homes initially licensed or

27  registered on or after October 1, 1999, must comply with the

28  30-clock-hour course requirement before caring for children.

29

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

31         provisions.

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  1         Section 63.  Subsection (4) of section 402.45, Florida

  2  Statutes, is amended to read:

  3         402.45  Community resource mother or father program.--

  4         (4)  The Department of Health may, in addition to the

  5  criteria in subsection (3) (4), require other criteria to

  6  contract for community resource mother or father services.

  7

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

  9         repeal of former subsection (2) by s. 26, ch.

10         2001-170, Laws of Florida.

11

12         Section 64.  Subsection (5) of section 402.73, Florida

13  Statutes, is reenacted and amended to read:

14         402.73  Contracting and performance standards.--

15         (5)  When it is in the best interest of a defined

16  segment of its consumer population, the department may

17  competitively procure and contract for systems of treatment or

18  service that involve multiple providers, rather than procuring

19  and contracting for treatment or services separately from each

20  participating provider. The department must ensure that all

21  providers that participate in the treatment or service system

22  meet all applicable statutory, regulatory, service-quality,

23  and cost-control requirements. If other governmental entities

24  or units of special purpose government contribute matching

25  funds to the support of a given system of treatment or

26  service, the department shall formally request information

27  from those funding entities in the procurement process and may

28  take the information received into account in the selection

29  process. If a local government contributes match to support

30  the system of treatment or contracted service and if the match

31  constitutes at least 25 percent of the value of the contract,

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  1  the department shall afford the governmental match contributor

  2  an opportunity to name an employee to the selection team

  3  required by s. 287.057(16) 287.057(15). Any employee so named

  4  shall qualify as one of the employees required by s.

  5  287.057(16) 287.057(15). The selection team shall include the

  6  named employee unless the department sets forth in writing the

  7  reason such inclusion would be contrary to the best interests

  8  of the state. No governmental entity or unit of special

  9  purpose government may name an employee to the selection team

10  if it, or any of its political subdivisions, executive

11  agencies, or special districts, intends to compete for the

12  contract to be awarded. The governmental funding entity or

13  match contributor shall comply with any deadlines and

14  procurement procedures established by the department. The

15  department may also involve nongovernmental funding entities

16  in the procurement process when appropriate.

17

18         Reviser's note.--Section 15, ch. 2001-278, Laws

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

20         but failed to publish the subsection. In the

21         absence of affirmative evidence that the

22         Legislature intended to repeal it, subsection

23         (5) is reenacted to confirm that the omission

24         was not intended. Subsection (5) is amended to

25         conform to the redesignation of s. 287.057(15)

26         as s. 287.057(16) by s. 4, ch. 2001-278.

27

28         Section 65.  Subsection (2) of section 402.731, Florida

29  Statutes, is amended to read:

30         402.731  Department of Children and Family Services

31  certification programs for employees and service providers;

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  1  employment provisions for transition to community-based

  2  care.--

  3         (2)  The department shall develop and implement

  4  employment programs to attract and retain competent staff to

  5  support and facilitate the transition to privatized

  6  community-based care. Such employment programs shall include

  7  lump-sum bonuses, salary incentives, relocation allowances, or

  8  severance pay. The department shall also contract for the

  9  delivery or administration of outplacement services. The

10  department shall establish time-limited exempt positions as

11  provided in s. 110.205(2)(i) 110.205(2)(h), in accordance with

12  the authority provided in s. 216.262(1)(c)1. Employees

13  appointed to fill such exempt positions shall have the same

14  salaries and benefits as career service employees.

15

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

17         redesignation of s. 110.205(2)(h) as s.

18         110.205(2)(i) by s. 2, ch. 2001-261, Laws of

19         Florida.

20

21         Section 66.  Subsection (3) of section 404.056, Florida

22  Statutes, is amended to read:

23         404.056  Environmental radiation standards and

24  programs; radon protection.--

25         (3)  PUBLIC INFORMATION.--The department shall initiate

26  and administer a program designed to educate and inform the

27  public concerning radon gas and radon progeny, which program

28  shall include, but not be limited to, the origin and health

29  effects of radon, how to measure radon, and construction and

30  mitigation techniques to reduce exposure to radon.  The

31  surcharge established pursuant to s. 553.721 may be used to

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  1  supplement the fees established in paragraph (2)(f) (3)(f) in

  2  carrying out the provisions of this subsection.

  3

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

  5         repeal of former subsection (2) by s. 19, ch.

  6         2001-53, Laws of Florida, and s. 29, ch.

  7         2001-89, Laws of Florida.

  8

  9         Section 67.  Subsection (2) of section 408.045, Florida

10  Statutes, is amended to read:

11         408.045  Certificate of need; competitive sealed

12  proposals.--

13         (2)  The agency shall make a decision regarding the

14  issuance of the certificate of need in accordance with the

15  provisions of s. 287.057(16) 287.057(15), rules adopted by the

16  agency relating to intermediate care facilities for the

17  developmentally disabled, and the criteria in s. 408.035, as

18  further defined by rule.

19

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

21         redesignation of s. 287.057(15) as s.

22         287.057(16) by s. 4, ch. 2001-278, Laws of

23         Florida.

24

25         Section 68.  Paragraph (a) of subsection (8) of section

26  409.906, Florida Statutes, is amended to read:

27         409.906  Optional Medicaid services.--Subject to

28  specific appropriations, the agency may make payments for

29  services which are optional to the state under Title XIX of

30  the Social Security Act and are furnished by Medicaid

31  providers to recipients who are determined to be eligible on

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  1  the dates on which the services were provided.  Any optional

  2  service that is provided shall be provided only when medically

  3  necessary and in accordance with state and federal law.

  4  Optional services rendered by providers in mobile units to

  5  Medicaid recipients may be restricted or prohibited by the

  6  agency. Nothing in this section shall be construed to prevent

  7  or limit the agency from adjusting fees, reimbursement rates,

  8  lengths of stay, number of visits, or number of services, or

  9  making any other adjustments necessary to comply with the

10  availability of moneys and any limitations or directions

11  provided for in the General Appropriations Act or chapter 216.

12  If necessary to safeguard the state's systems of providing

13  services to elderly and disabled persons and subject to the

14  notice and review provisions of s. 216.177, the Governor may

15  direct the Agency for Health Care Administration to amend the

16  Medicaid state plan to delete the optional Medicaid service

17  known as "Intermediate Care Facilities for the Developmentally

18  Disabled."  Optional services may include:

19         (8)  COMMUNITY MENTAL HEALTH SERVICES.--

20         (a)  The agency may pay for rehabilitative services

21  provided to a recipient by a mental health or substance abuse

22  provider and under contract with the agency or the Department

23  of Children and Family Services to provide such services.

24  Those services which are psychiatric in nature shall be

25  rendered or recommended by a psychiatrist, and those services

26  which are medical in nature shall be rendered or recommended

27  by a physician or psychiatrist. The agency must develop a

28  provider enrollment process for community mental health

29  providers which bases provider enrollment on an assessment of

30  service need. The provider enrollment process shall be

31  designed to control costs, prevent fraud and abuse, consider

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  1  provider expertise and capacity, and assess provider success

  2  in managing utilization of care and measuring treatment

  3  outcomes. Providers will be selected through a competitive

  4  procurement or selective contracting process. In addition to

  5  other community mental health providers, the agency shall

  6  consider for enrollment mental health programs licensed under

  7  chapter 395 and group practices licensed under chapter 458,

  8  chapter 459, chapter 490, or chapter 491. The agency is also

  9  authorized to continue operation of its behavioral health

10  utilization management program and may develop new services if

11  these actions are necessary to ensure savings from the

12  implementation of the utilization management system. The

13  agency shall coordinate the implementation of this enrollment

14  process with the Department of Children and Family Services

15  and the Department of Juvenile Justice. The agency is

16  authorized to utilize diagnostic criteria in setting

17  reimbursement rates, to preauthorize certain high-cost or

18  highly utilized services, to limit or eliminate coverage for

19  certain services, or to make any other adjustments necessary

20  to comply with any limitations or directions provided for in

21  the General Appropriations Act.

22

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

24         interpretation.

25

26         Section 69.  Subsection (2) of section 409.9117,

27  Florida Statutes, is reenacted to read:

28         409.9117  Primary care disproportionate share

29  program.--

30         (2)  In the establishment and funding of this program,

31  the agency shall use the following criteria in addition to

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  1  those specified in s. 409.911, payments may not be made to a

  2  hospital unless the hospital agrees to:

  3         (a)  Cooperate with a Medicaid prepaid health plan, if

  4  one exists in the community.

  5         (b)  Ensure the availability of primary and specialty

  6  care physicians to Medicaid recipients who are not enrolled in

  7  a prepaid capitated arrangement and who are in need of access

  8  to such physicians.

  9         (c)  Coordinate and provide primary care services free

10  of charge, except copayments, to all persons with incomes up

11  to 100 percent of the federal poverty level who are not

12  otherwise covered by Medicaid or another program administered

13  by a governmental entity, and to provide such services based

14  on a sliding fee scale to all persons with incomes up to 200

15  percent of the federal poverty level who are not otherwise

16  covered by Medicaid or another program administered by a

17  governmental entity, except that eligibility may be limited to

18  persons who reside within a more limited area, as agreed to by

19  the agency and the hospital.

20         (d)  Contract with any federally qualified health

21  center, if one exists within the agreed geopolitical

22  boundaries, concerning the provision of primary care services,

23  in order to guarantee delivery of services in a nonduplicative

24  fashion, and to provide for referral arrangements, privileges,

25  and admissions, as appropriate.  The hospital shall agree to

26  provide at an onsite or offsite facility primary care services

27  within 24 hours to which all Medicaid recipients and persons

28  eligible under this paragraph who do not require emergency

29  room services are referred during normal daylight hours.

30         (e)  Cooperate with the agency, the county, and other

31  entities to ensure the provision of certain public health

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  1  services, case management, referral and acceptance of

  2  patients, and sharing of epidemiological data, as the agency

  3  and the hospital find mutually necessary and desirable to

  4  promote and protect the public health within the agreed

  5  geopolitical boundaries.

  6         (f)  In cooperation with the county in which the

  7  hospital resides, develop a low-cost, outpatient, prepaid

  8  health care program to persons who are not eligible for the

  9  Medicaid program, and who reside within the area.

10         (g)  Provide inpatient services to residents within the

11  area who are not eligible for Medicaid or Medicare, and who do

12  not have private health insurance, regardless of ability to

13  pay, on the basis of available space, except that nothing

14  shall prevent the hospital from establishing bill collection

15  programs based on ability to pay.

16         (h)  Work with the Florida Healthy Kids Corporation,

17  the Florida Health Care Purchasing Cooperative, and business

18  health coalitions, as appropriate, to develop a feasibility

19  study and plan to provide a low-cost comprehensive health

20  insurance plan to persons who reside within the area and who

21  do not have access to such a plan.

22         (i)  Work with public health officials and other

23  experts to provide community health education and prevention

24  activities designed to promote healthy lifestyles and

25  appropriate use of health services.

26         (j)  Work with the local health council to develop a

27  plan for promoting access to affordable health care services

28  for all persons who reside within the area, including, but not

29  limited to, public health services, primary care services,

30  inpatient services, and affordable health insurance generally.

31

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  1  Any hospital that fails to comply with any of the provisions

  2  of this subsection, or any other contractual condition, may

  3  not receive payments under this section until full compliance

  4  is achieved.

  5

  6         Reviser's note.--Section 6, ch. 2001-222, Laws

  7         of Florida, purported to amend paragraph

  8         (2)(c), but failed to publish the flush left

  9         language at the end of the subsection. In the

10         absence of affirmative evidence that the

11         Legislature intended to repeal the language,

12         subsection (2) is reenacted to confirm that the

13         omission was not intended.

14

15         Section 70.  Subsections (1) and (2) of section

16  409.91196, Florida Statutes, are amended to read:

17         409.91196  Supplemental rebate agreements;

18  confidentiality of records and meetings.--

19         (1)  Trade secrets, rebate amount, percent of rebate,

20  manufacturer's pricing, and supplemental rebates which are

21  contained in records of the Agency for Health Care

22  Administration and its agents with respect to supplemental

23  rebate negotiations and which are prepared pursuant to a

24  supplemental rebate agreement under s. 409.912(37)(a)7.

25  409.91195 are confidential and exempt from s. 119.07 and s.

26  24(a), Art. I of the State Constitution.

27         (2)  Those portions of meetings of the Medicaid

28  Pharmaceutical and Therapeutics Committee at which trade

29  secrets, rebate amount, percent of rebate, manufacturer's

30  pricing, and supplemental rebates are disclosed for discussion

31  or negotiation of a supplemental rebate agreement under s.

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  1  409.912(37)(a)7. 409.91195 are exempt from s. 286.011 and s.

  2  24(b), Art. I of the State Constitution.

  3

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

  5         error and facilitate correct interpretation.

  6         The reference is not consistent with the

  7         content of s. 409.91195 but is consistent with

  8         the content of s. 409.912(37)(a)7.

  9

10         Section 71.  Subsection (19) of section 420.503,

11  Florida Statutes, is amended to read:

12         420.503  Definitions.--As used in this part, the term:

13         (19)  "Housing for the elderly" means, for purposes of

14  s. 420.5087(3)(d) 420.5087(3)(c)2., any nonprofit housing

15  community that is financed by a mortgage loan made or insured

16  by the United States Department of Housing and Urban

17  Development under s. 202, s. 202 with a s. 8 subsidy, s.

18  221(d)(3) or (4), or s. 236 of the National Housing Act, as

19  amended, and that is subject to income limitations established

20  by the United States Department of Housing and Urban

21  Development, or any program funded by the Rural Development

22  Agency of the United States Department of Agriculture and

23  subject to income limitations established by the United States

24  Department of Agriculture. A project which qualifies for an

25  exemption under the Fair Housing Act as housing for older

26  persons as defined by s. 760.29(4) shall qualify as housing

27  for the elderly for purposes of s. 420.5087(3)(d)

28  420.5087(3)(c)2. and for purposes of any loans made pursuant

29  to s. 420.508.  In addition, if the corporation adopts a

30  qualified allocation plan pursuant to s. 42(m)(1)(B) of the

31  Internal Revenue Code or any other rules that prioritize

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  1  projects targeting the elderly for purposes of allocating tax

  2  credits pursuant to s. 420.5099 or for purposes of the HOME

  3  program under s. 420.5089, a project which qualifies for an

  4  exemption under the Fair Housing Act as housing for older

  5  persons as defined by s. 760.29(4) shall qualify as a project

  6  targeted for the elderly, if the project satisfies the other

  7  requirements set forth in this part.

  8

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

10         redesignation of s. 420.5087(3)(c)2. as s.

11         420.5087(3)(d) by s. 5, ch. 2001-98, Laws of

12         Florida.

13

14         Section 72.  Subsection (6) of section 420.624, Florida

15  Statutes, is amended to read:

16         420.624  Local homeless assistance continuum of care.--

17         (6)  The State Office on Homelessness shall recognize

18  only one homeless assistance continuum of care plan and its

19  designated lead agency for each designated catchment area. The

20  recognition must be made with the input of local homeless

21  coalitions and public or private organizations that have

22  previously certified to the United States Department of

23  Housing and Urban Development that they currently serve as

24  lead agencies for a local homeless assistance continuum of

25  care. The designations must be consistent with those made by

26  the United States Department of Housing and Development in

27  conjunction with the awarding of federal Stewart B. McKinney

28  Act homeless assistance funding.

29

30         Reviser's note.--Amended to improve clarity.

31

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  1         Section 73.  Paragraph (f) of subsection (1) of section

  2  440.14, Florida Statutes, is amended to read:

  3         440.14  Determination of pay.--

  4         (1)  Except as otherwise provided in this chapter, the

  5  average weekly wages of the injured employee at the time of

  6  the injury shall be taken as the basis upon which to compute

  7  compensation and shall be determined, subject to the

  8  limitations of s. 440.12(2), as follows:

  9         (f)  If it is established that the injured employee was

10  a part-time worker at the time of the injury, that she or he

11  had adopted part-time employment as a customary practice, and

12  that under normal working conditions she or he probably would

13  have remained a part-time worker during the period of

14  disability, these factors shall be considered in arriving at

15  her or his average weekly wages.  For the purpose of this

16  paragraph, the term "part-time worker" means an individual who

17  customarily works less than the full-time hours or full-time

18  workweek of a similar employee in the same employment.

19

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

21         facilitate correct interpretation.

22

23         Section 74.  Subsection (10) of section 450.211,

24  Florida Statutes, is repealed.

25

26         Reviser's note.--Repealed to delete an obsolete

27         provision. Section 20.17, which created the

28         Department of Commerce, was repealed effective

29         December 31, 1996, by s. 3, ch. 96-320, Laws of

30         Florida.

31

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  1         Section 75.  Subsection (7) of section 458.347, Florida

  2  Statutes, is reenacted to read:

  3         458.347  Physician assistants.--

  4         (7)  PHYSICIAN ASSISTANT LICENSURE.--

  5         (a)  Any person desiring to be licensed as a physician

  6  assistant must apply to the department. The department shall

  7  issue a license to any person certified by the council as

  8  having met the following requirements:

  9         1.  Is at least 18 years of age.

10         2.  Has satisfactorily passed a proficiency examination

11  by an acceptable score established by the National Commission

12  on Certification of Physician Assistants.  If an applicant

13  does not hold a current certificate issued by the National

14  Commission on Certification of Physician Assistants and has

15  not actively practiced as a physician assistant within the

16  immediately preceding 4 years, the applicant must retake and

17  successfully complete the entry-level examination of the

18  National Commission on Certification of Physician Assistants

19  to be eligible for licensure.

20         3.  Has completed the application form and remitted an

21  application fee not to exceed $300 as set by the boards. An

22  application for licensure made by a physician assistant must

23  include:

24         a.  A certificate of completion of a physician

25  assistant training program specified in subsection (6).

26         b.  A sworn statement of any prior felony convictions.

27         c.  A sworn statement of any previous revocation or

28  denial of licensure or certification in any state.

29         d.  Two letters of recommendation.

30

31

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  1         (b)1.  Notwithstanding subparagraph (a)2. and

  2  sub-subparagraph (a)3.a., the department shall examine each

  3  applicant who the Board of Medicine certifies:

  4         a.  Has completed the application form and remitted a

  5  nonrefundable application fee not to exceed $500 and an

  6  examination fee not to exceed $300, plus the actual cost to

  7  the department to provide the examination. The examination fee

  8  is refundable if the applicant is found to be ineligible to

  9  take the examination. The department shall not require the

10  applicant to pass a separate practical component of the

11  examination. For examinations given after July 1, 1998,

12  competencies measured through practical examinations shall be

13  incorporated into the written examination through a

14  multiple-choice format. The department shall translate the

15  examination into the native language of any applicant who

16  requests and agrees to pay all costs of such translation,

17  provided that the translation request is filed with the board

18  office no later than 9 months before the scheduled examination

19  and the applicant remits translation fees as specified by the

20  department no later than 6 months before the scheduled

21  examination, and provided that the applicant demonstrates to

22  the department the ability to communicate orally in basic

23  English. If the applicant is unable to pay translation costs,

24  the applicant may take the next available examination in

25  English if the applicant submits a request in writing by the

26  application deadline and if the applicant is otherwise

27  eligible under this section. To demonstrate the ability to

28  communicate orally in basic English, a passing score or grade

29  is required, as determined by the department or organization

30  that developed it, on the test for spoken English (TSE) by the

31  Educational Testing Service (ETS), the test of English as a

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  1  foreign language (TOEFL) by ETS, a high school or college

  2  level English course, or the English examination for

  3  citizenship, Immigration and Naturalization Service. A

  4  notarized copy of an Educational Commission for Foreign

  5  Medical Graduates (ECFMG) certificate may also be used to

  6  demonstrate the ability to communicate in basic English; and

  7         b.(I)  Is an unlicensed physician who graduated from a

  8  foreign medical school listed with the World Health

  9  Organization who has not previously taken and failed the

10  examination of the National Commission on Certification of

11  Physician Assistants and who has been certified by the Board

12  of Medicine as having met the requirements for licensure as a

13  medical doctor by examination as set forth in s. 458.311(1),

14  (3), (4), and (5), with the exception that the applicant is

15  not required to have completed an approved residency of at

16  least 1 year and the applicant is not required to have passed

17  the licensing examination specified under s. 458.311 or hold a

18  valid, active certificate issued by the Educational Commission

19  for Foreign Medical Graduates; was eligible and made initial

20  application for certification as a physician assistant in this

21  state between July 1, 1990, and June 30, 1991; and was a

22  resident of this state on July 1, 1990, or was licensed or

23  certified in any state in the United States as a physician

24  assistant on July 1, 1990; or

25         (II)  Completed all coursework requirements of the

26  Master of Medical Science Physician Assistant Program offered

27  through the Florida College of Physician's Assistants prior to

28  its closure in August of 1996. Prior to taking the

29  examination, such applicant must successfully complete any

30  clinical rotations that were not completed under such program

31  prior to its termination and any additional clinical rotations

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  1  with an appropriate physician assistant preceptor, not to

  2  exceed 6 months, that are determined necessary by the council.

  3  The boards shall determine, based on recommendations from the

  4  council, the facilities under which such incomplete or

  5  additional clinical rotations may be completed and shall also

  6  determine what constitutes successful completion thereof,

  7  provided such requirements are comparable to those established

  8  by accredited physician assistant programs. This

  9  sub-sub-subparagraph is repealed July 1, 2001.

10         2.  The department may grant temporary licensure to an

11  applicant who meets the requirements of subparagraph 1.

12  Between meetings of the council, the department may grant

13  temporary licensure to practice based on the completion of all

14  temporary licensure requirements. All such administratively

15  issued licenses shall be reviewed and acted on at the next

16  regular meeting of the council. A temporary license expires 30

17  days after receipt and notice of scores to the licenseholder

18  from the first available examination specified in subparagraph

19  1. following licensure by the department. An applicant who

20  fails the proficiency examination is no longer temporarily

21  licensed, but may apply for a one-time extension of temporary

22  licensure after reapplying for the next available examination.

23  Extended licensure shall expire upon failure of the

24  licenseholder to sit for the next available examination or

25  upon receipt and notice of scores to the licenseholder from

26  such examination.

27         3.  Notwithstanding any other provision of law, the

28  examination specified pursuant to subparagraph 1. shall be

29  administered by the department only five times. Applicants

30  certified by the board for examination shall receive at least

31  6 months' notice of eligibility prior to the administration of

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  1  the initial examination. Subsequent examinations shall be

  2  administered at 1-year intervals following the reporting of

  3  the scores of the first and subsequent examinations. For the

  4  purposes of this paragraph, the department may develop,

  5  contract for the development of, purchase, or approve an

  6  examination that adequately measures an applicant's ability to

  7  practice with reasonable skill and safety. The minimum passing

  8  score on the examination shall be established by the

  9  department, with the advice of the board. Those applicants

10  failing to pass that examination or any subsequent examination

11  shall receive notice of the administration of the next

12  examination with the notice of scores following such

13  examination. Any applicant who passes the examination and

14  meets the requirements of this section shall be licensed as a

15  physician assistant with all rights defined thereby.

16         (c)  The license must be renewed biennially.  Each

17  renewal must include:

18         1.  A renewal fee not to exceed $500 as set by the

19  boards.

20         2.  A sworn statement of no felony convictions in the

21  previous 2 years.

22         (d)  Each licensed physician assistant shall biennially

23  complete 100 hours of continuing medical education or shall

24  hold a current certificate issued by the National Commission

25  on Certification of Physician Assistants.

26         (e)  Upon employment as a physician assistant, a

27  licensed physician assistant must notify the department in

28  writing within 30 days after such employment or after any

29  subsequent changes in the supervising physician. The

30  notification must include the full name, Florida medical

31

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  1  license number, specialty, and address of the supervising

  2  physician.

  3         (f)  Notwithstanding subparagraph (a)2., the department

  4  may grant to a recent graduate of an approved program, as

  5  specified in subsection (6), who expects to take the first

  6  examination administered by the National Commission on

  7  Certification of Physician Assistants available for

  8  registration after the applicant's graduation, a temporary

  9  license. The temporary license shall expire 30 days after

10  receipt of scores of the proficiency examination administered

11  by the National Commission on Certification of Physician

12  Assistants.  Between meetings of the council, the department

13  may grant a temporary license to practice based on the

14  completion of all temporary licensure requirements.  All such

15  administratively issued licenses shall be reviewed and acted

16  on at the next regular meeting of the council. The recent

17  graduate may be licensed prior to employment, but must comply

18  with paragraph (e). An applicant who has passed the

19  proficiency examination may be granted permanent licensure. An

20  applicant failing the proficiency examination is no longer

21  temporarily licensed, but may reapply for a 1-year extension

22  of temporary licensure.  An applicant may not be granted more

23  than two temporary licenses and may not be licensed as a

24  physician assistant until he or she passes the examination

25  administered by the National Commission on Certification of

26  Physician Assistants. As prescribed by board rule, the council

27  may require an applicant who does not pass the licensing

28  examination after five or more attempts to complete additional

29  remedial education or training. The council shall prescribe

30  the additional requirements in a manner that permits the

31  applicant to complete the requirements and be reexamined

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  1  within 2 years after the date the applicant petitions the

  2  council to retake the examination a sixth or subsequent time.

  3         (g)  The Board of Medicine may impose any of the

  4  penalties authorized under ss. 456.072 and 458.331(2) upon a

  5  physician assistant if the physician assistant or the

  6  supervising physician has been found guilty of or is being

  7  investigated for any act that constitutes a violation of this

  8  chapter or chapter 456.

  9

10         Reviser's note.--Section 23, ch. 2001-277, Laws

11         of Florida, purported to amend subsection (7),

12         but failed to publish paragraphs (7)(a)-(f). In

13         the absence of affirmative evidence that the

14         Legislature intended to repeal the paragraphs,

15         subsection (7) is reenacted to confirm that the

16         omission was not intended.

17

18         Section 76.  Subsection (2) of section 463.016, Florida

19  Statutes, is amended to read:

20         463.016  Grounds for disciplinary action; action by the

21  board.--

22         (2)  The board department may enter an order imposing

23  any of the penalties in s. 456.072(2) against any licensee who

24  is found guilty of violating any provision of subsection (1)

25  of this section or who is found guilty of violating any

26  provision of s. 456.072(1).

27

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

29         interpretation. Section 456.079 authorizes

30         regulatory boards, for professions regulated by

31         boards, to adopt and review disciplinary

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  1         guidelines and take disciplinary action for

  2         violations. The practice of optometry is

  3         regulated by the Board of Optometry, created in

  4         s. 463.003.

  5

  6         Section 77.  Subsection (7) of section 464.203, Florida

  7  Statutes, is amended to read:

  8         464.203  Certified nursing assistants; certification

  9  requirement.--

10         (7)  A certified nursing assistant shall complete 18

11  hours of inservice training during each calendar year. The

12  certified nursing assistant shall be responsible for

13  maintaining documentation demonstrating compliance with these

14  provisions. The Council on Certified Nursing Assistants, in

15  accordance with s. 464.2085(2)(b) 464.0285(2)(b), shall

16  propose rules to implement this subsection.

17

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

19         error. Section 464.0285 does not exist; the

20         Council on Certified Nursing Assistants is

21         created in s. 464.2085.

22

23         Section 78.  Subsection (3) of section 468.1135,

24  Florida Statutes, is amended to read:

25         468.1135  Board of Speech-Language Pathology and

26  Audiology.--

27         (3)  No later than January 1, 1991, the Governor shall

28  appoint two members for a term of 2 years; two members for a

29  term of 3 years; and three members for a term of 4 years.

30  Each of the initial speech-language pathologist and

31  audiologist members must hold a valid certificate of

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  1  registration issued pursuant to part I of chapter 468, Florida

  2  Statutes 1989, and must have been engaged in the practice of

  3  speech-language pathology or audiology for not less than 3

  4  years prior to his or her appointment. As the terms of the

  5  initial members expire, the Governor shall appoint successors

  6  who meet the requirements of subsection (2) for terms of 4

  7  years. Members shall serve until their successors are

  8  appointed.

  9

10         Reviser's note.--Amended to delete provisions

11         that have served their purpose.

12

13         Section 79.  Section 468.721, Florida Statutes, is

14  repealed.

15

16         Reviser's note.--Repealed to delete a provision

17         that has served its purpose. Rules relating to

18         the regulation of athletic trainers that

19         supersede the rules dating from prior to July

20         1, 1999, have been adopted.

21

22         Section 80.  Paragraph (h) of subsection (6) of section

23  483.901, Florida Statutes, is amended to read:

24         483.901  Medical physicists; definitions; licensure.--

25         (6)  LICENSE REQUIRED.--An individual may not engage in

26  the practice of medical physics, including the specialties of

27  diagnostic radiological physics, therapeutic radiological

28  physics, medical nuclear radiological physics, or medical

29  health physics, without a license issued by the department for

30  the appropriate specialty.

31

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  1         (h)  The department board may enter an order denying

  2  licensure or imposing any of the penalties in s. 456.072(2)

  3  against any applicant for licensure or licensee who is found

  4  guilty of violating any provision of subsection (1) of this

  5  section or who is found guilty of violating any provision of

  6  s. 456.072(1).

  7

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

  9         interpretation. Medical physicists are

10         regulated by the Department of Health under s.

11         483.901.

12

13         Section 81.  Paragraph (c) of subsection (1) of section

14  494.003, Florida Statutes, is amended to read:

15         494.003  Exemptions.--

16         (1)  None of the following persons is subject to the

17  requirements of ss. 494.003-494.0043:

18         (c)  A wholly owned bank holding company subsidiary or

19  a wholly owned savings and loan association holding company

20  subsidiary that is approved or certified by the Department of

21  Housing and Urban Development, the Veterans Administration,

22  the Government National Mortgage Association, the Federal

23  National Mortgage Association, or the Federal Home Loan

24  Mortgage Corporation. The department shall prepare a report on

25  the effect of this exemption and deliver its findings no later

26  than January 1, 1997, to the Speaker of the House and the

27  President of the Senate.

28

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

30         that has served its purpose.

31

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  1         Section 82.  Paragraph (c) of subsection (1) of section

  2  494.006, Florida Statutes, is amended to read:

  3         494.006  Exemptions.--

  4         (1)  None of the following persons are subject to the

  5  requirements of ss. 494.006-494.0077 in order to act as a

  6  mortgage lender or correspondent mortgage lender:

  7         (c)  A wholly owned bank holding company subsidiary or

  8  a wholly owned savings and loan association holding company

  9  subsidiary that is approved or certified by the Department of

10  Housing and Urban Development, the Veterans Administration,

11  the Government National Mortgage Association, the Federal

12  National Mortgage Association, or the Federal Home Loan

13  Mortgage Corporation. The department shall prepare a report on

14  the effect of this exemption and deliver its findings no later

15  than January 1, 1997, to the Speaker of the House and the

16  President of the Senate.

17

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

19         that has served its purpose.

20

21         Section 83.  Subsection (7) of section 550.2625,

22  Florida Statutes, is reenacted to read:

23         550.2625  Horseracing; minimum purse requirement,

24  Florida breeders' and owners' awards.--

25         (7)(a)  Each permitholder that conducts race meets

26  under this chapter and runs Appaloosa races shall pay to the

27  division a sum equal to the breaks plus a sum equal to 1

28  percent of the total contributions to each pari-mutuel pool

29  conducted on each Appaloosa race.  Such payments shall be

30  remitted to the division by the 5th day of each calendar month

31  for sums accruing during the preceding calendar month.

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  1         (b)  The division shall deposit these collections to

  2  the credit of the Florida Quarter Horse Racing Promotion Trust

  3  Fund in a special account to be known as the "Florida

  4  Appaloosa Racing Promotion Fund."  The Department of

  5  Agriculture and Consumer Services shall administer the funds

  6  and adopt suitable and reasonable rules for the administration

  7  thereof.  The moneys in the Florida Appaloosa Racing Promotion

  8  Fund shall be allocated solely for supplementing and

  9  augmenting purses and prizes and for the general promotion of

10  owning and breeding of racing Appaloosas in this state; and

11  such moneys may not be used to defray any expense of the

12  Department of Agriculture and Consumer Services in the

13  administration of this chapter.

14

15         Reviser's note.--Section 20, ch. 2001-279, Laws

16         of Florida, purported to amend subsection (7),

17         but failed to republish paragraph (7)(a). In

18         the absence of affirmative evidence that the

19         Legislature intended to repeal paragraph

20         (7)(a), subsection (7) is reenacted to confirm

21         that the omission was not intended.

22

23         Section 84.  Subsection (1) of section 550.2633,

24  Florida Statutes, is amended to read:

25         550.2633  Horseracing; distribution of abandoned

26  interest in or contributions to pari-mutuel pools.--

27         (1)  Except as provided in subsection (3), All moneys

28  or other property represented by any unclaimed, uncashed, or

29  abandoned pari-mutuel ticket which has remained in the custody

30  of or under the control of any horseracing permitholder

31  authorized to conduct pari-mutuel pools in this state for a

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  1  period of 1 year after the date the pari-mutuel ticket was

  2  issued, when the rightful owner or owners thereof have made no

  3  claim or demand for such money or other property within that

  4  period, is hereby declared to have escheated to or to escheat

  5  to, and to have become the property of, the state.

  6

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

  8         repeal of the referenced subsection (3) by s.

  9         26, ch. 2001-63, Laws of Florida.

10

11         Section 85.  Subsection (10) of section 550.6305,

12  Florida Statutes, is amended to read:

13         550.6305  Intertrack wagering; guest track payments;

14  accounting rules.--

15         (10)  All races or games conducted at a permitholder's

16  facility, all broadcasts of such races or games, and all

17  broadcast rights relating thereto are owned by the

18  permitholder at whose facility such races or games are

19  conducted and constitute the permitholder's property as

20  defined in s. 812.012(4) 812.012(3). Transmission, reception

21  of a transmission, exhibition, use, or other appropriation of

22  such races or games, broadcasts of such races or games, or

23  broadcast rights relating thereto without the written consent

24  of the permitholder constitutes a theft of such property under

25  s. 812.014; and in addition to the penal sanctions contained

26  in s. 812.014, the permitholder has the right to avail itself

27  of the civil remedies specified in ss. 772.104, 772.11, and

28  812.035 in addition to any other remedies available under

29  applicable state or federal law.

30

31

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

  2         redesignation of s. 812.012(3) as s. 812.012(4)

  3         by s. 1, ch. 2001-115, Laws of Florida.

  4

  5         Section 86.  Effective March 1, 2002, subsection (2)

  6  and paragraphs (b) and (c) of subsection (4) of section

  7  553.73, Florida Statutes, are amended to read:

  8         553.73  Florida Building Code.--

  9         (2)  The Florida Building Code shall contain provisions

10  or requirements for public and private buildings, structures,

11  and facilities relative to structural, mechanical, electrical,

12  plumbing, energy, and gas systems, existing buildings,

13  historical buildings, manufactured buildings, elevators,

14  coastal construction, lodging facilities, food sales and food

15  service facilities, health care facilities, including assisted

16  living facilities, adult day care facilities, and facilities

17  for the control of radiation hazards, public or private

18  educational facilities, swimming pools, and correctional

19  facilities and enforcement of and compliance with such

20  provisions or requirements. Further, the Florida Building Code

21  must provide for uniform implementation of ss. 515.25, 515.27,

22  and 515.29 by including standards and criteria for residential

23  swimming pool barriers, pool covers, latching devices, door

24  and window exit alarms, and other equipment required therein,

25  which are consistent with the intent of s. 515.23. Technical

26  provisions to be contained within the Florida Building Code

27  are restricted to requirements related to the types of

28  materials used and construction methods and standards employed

29  in order to meet criteria specified in the Florida Building

30  Code. Provisions relating to the personnel, supervision or

31  training of personnel, or any other professional qualification

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  1  requirements relating to contractors or their workforce may

  2  not be included within the Florida Building Code, and

  3  subsections (4), (5), (6), and (7) and (6) are not to be

  4  construed to allow the inclusion of such provisions within the

  5  Florida Building Code by amendment. This restriction applies

  6  to both initial development and amendment of the Florida

  7  Building Code.

  8         (4)

  9         (b)  Local governments may, subject to the limitations

10  of this section, adopt amendments to the technical provisions

11  of the Florida Building Code which apply solely within the

12  jurisdiction of such government and which provide for more

13  stringent requirements than those specified in the Florida

14  Building Code, not more than once every 6 months, provided:

15         1.  The local governing body determines, following a

16  public hearing which has been advertised in a newspaper of

17  general circulation at least 10 days before the hearing, that

18  there is a need to strengthen the requirements of the Florida

19  Building Code. The determination must be based upon a review

20  of local conditions by the local governing body, which review

21  demonstrates that local conditions justify more stringent

22  requirements than those specified in the Florida Building Code

23  for the protection of life and property.

24         2.  Such additional requirements are not discriminatory

25  against materials, products, or construction techniques of

26  demonstrated capabilities.

27         3.  Such additional requirements may not introduce a

28  new subject not addressed in the Florida Building Code.

29         4.  The enforcing agency shall make readily available,

30  in a usable format, all amendments adopted pursuant to this

31  section.

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  1         5.  Any amendment to the Florida Building Code shall be

  2  transmitted within 30 days by the adopting local government to

  3  the commission.  The commission shall maintain copies of all

  4  such amendments in a format that is usable and obtainable by

  5  the public.

  6         6.  Any amendment to the Florida Building Code adopted

  7  by a local government pursuant to this paragraph shall be

  8  effective only until the adoption by the commission of the new

  9  edition of the Florida Building Code every third year. At such

10  time, the commission shall review such amendment for

11  consistency with the criteria in paragraph (7)(a) (6)(a) and

12  adopt such amendment as part of the Florida Building Code or

13  rescind the amendment. The commission shall immediately notify

14  the respective local government of the rescission of any

15  amendment. After receiving such notice, the respective local

16  government may readopt the rescinded amendment pursuant to the

17  provisions of this paragraph.

18         7.  Each county and municipality desiring to make local

19  technical amendments to the Florida Building Code shall by

20  interlocal agreement establish a countywide compliance review

21  board to review any amendment to the Florida Building Code,

22  adopted by a local government within the county pursuant to

23  this paragraph, that is challenged by any substantially

24  affected party for purposes of determining the amendment's

25  compliance with this paragraph. If the compliance review board

26  determines such amendment is not in compliance with this

27  paragraph, the compliance review board shall notify such local

28  government of the noncompliance and that the amendment is

29  invalid and unenforceable until the local government corrects

30  the amendment to bring it into compliance. The local

31  government may appeal the decision of the compliance review

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  1  board to the commission, which shall conduct a hearing under

  2  chapter 120 and the uniform rules of procedure.  If the

  3  compliance review board determines such amendment to be in

  4  compliance with this paragraph, any substantially affected

  5  party may appeal such determination to the commission, which

  6  shall conduct a hearing under chapter 120 and the uniform

  7  rules of procedure. Actions of the commission are subject to

  8  judicial review pursuant to s. 120.68. The compliance review

  9  board shall determine whether its decisions apply to a

10  respective local jurisdiction or apply countywide.

11         8.  An amendment adopted under this paragraph shall

12  include a fiscal impact statement which documents the costs

13  and benefits of the proposed amendment.  Criteria for the

14  fiscal impact statement shall include the impact to local

15  government relative to enforcement, the impact to property and

16  building owners, as well as to industry, relative to the cost

17  of compliance. The fiscal impact statement may not be used as

18  a basis for challenging the amendment for compliance.

19         9.  In addition to subparagraphs 7. and 8., the

20  commission may review any amendments adopted pursuant to this

21  subsection and make nonbinding recommendations related to

22  compliance of such amendments with this subsection.

23         (c)  Any amendment adopted by a local enforcing agency

24  pursuant to this subsection shall not apply to state or school

25  district owned buildings, manufactured buildings or

26  factory-built school buildings approved by the commission, or

27  prototype buildings approved pursuant to s. 553.77(5)

28  553.77(6). The respective responsible entities shall consider

29  the physical performance parameters substantiating such

30  amendments when designing, specifying, and constructing such

31  exempt buildings.

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  1         Reviser's note.--Subsection (2) and paragraph

  2         (4)(b) are amended to conform to the

  3         redesignation of subunits of s. 553.73 by s.

  4         25, ch. 2001-186, Laws of Florida. Paragraph

  5         (4)(c) is amended to conform to the

  6         redesignation of s. 553.77(6) as s. 553.77(5)

  7         by s. 26, ch. 2001-186.

  8

  9         Section 87.  Effective March 1, 2002, paragraph (d) of

10  subsection (1) of section 553.80, Florida Statutes, is amended

11  to read:

12         553.80  Enforcement.--

13         (1)  Except as provided in paragraphs (a)-(e), each

14  local government and each legally constituted enforcement

15  district with statutory authority shall regulate building

16  construction and, where authorized in the state agency's

17  enabling legislation, each state agency shall enforce the

18  Florida Building Code required by this part on all public or

19  private buildings, structures, and facilities, unless such

20  responsibility has been delegated to another unit of

21  government pursuant to s. 553.79(9).

22         (d)  Building plans approved pursuant to s. 553.77(5)

23  553.77(6) and state-approved manufactured buildings, including

24  buildings manufactured and assembled offsite and not intended

25  for habitation, such as lawn storage buildings and storage

26  sheds, are exempt from local code enforcing agency plan

27  reviews except for provisions of the code relating to

28  erection, assembly, or construction at the site. Erection,

29  assembly, and construction at the site are subject to local

30  permitting and inspections.

31

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  1  The governing bodies of local governments may provide a

  2  schedule of fees, as authorized by s. 125.56(2) or s. 166.222

  3  and this section, for the enforcement of the provisions of

  4  this part.  Such fees shall be used solely for carrying out

  5  the local government's responsibilities in enforcing the

  6  Florida Building Code. The authority of state enforcing

  7  agencies to set fees for enforcement shall be derived from

  8  authority existing on July 1, 1998. However, nothing contained

  9  in this subsection shall operate to limit such agencies from

10  adjusting their fee schedule in conformance with existing

11  authority.

12

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

14         redesignation of s. 553.77(6) as s. 553.77(5)

15         necessitated by the repeal of former subsection

16         (2) by s. 26, ch. 2001-186, Laws of Florida.

17

18         Section 88.  Subsection (1) of section 582.18, Florida

19  Statutes, is reenacted to read:

20         582.18  Election of supervisors of each district.--

21         (1)  The election of supervisors for each soil and

22  water conservation district shall be held every 2 years.  The

23  elections shall be held at the time of the general election

24  provided for by s. 100.041.  The office of the supervisor of a

25  soil and water conservation district is a nonpartisan office,

26  and candidates for such office are prohibited from campaigning

27  or qualifying for election based on party affiliation.

28         (a)  Each candidate for supervisor for such district

29  shall be nominated by nominating petition subscribed by 25 or

30  more qualified electors of such district.  Candidates shall

31  obtain signatures on petition forms prescribed by the

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  1  Department of State and furnished by the appropriate

  2  qualifying officer.  In multicounty districts, the appropriate

  3  qualifying officer is the Secretary of State; in single-county

  4  districts, the appropriate qualifying officer is the

  5  supervisor of elections.  Such forms may be obtained at any

  6  time after the first Tuesday after the first Monday in January

  7  preceding the election, but prior to the 21st day preceding

  8  the first day of the qualifying period for state office. Each

  9  petition shall be submitted, prior to noon of the 21st day

10  preceding the first day of the qualifying period for state

11  office, to the supervisor of elections of the county for which

12  such petition was circulated.  The supervisor of elections

13  shall check the signatures on the petition to verify their

14  status as electors in the district. Prior to the first date

15  for qualifying, the supervisor of elections shall determine

16  whether the required single-county signatures have been

17  obtained; and she or he shall so notify the candidate.  In the

18  case of a multicounty candidate, the supervisor of elections

19  shall check the signatures on petitions and shall, prior to

20  the first date for qualifying for office, certify to the

21  Department of State the number shown as registered electors of

22  the district. The Department of State shall determine if the

23  required number of signatures has been obtained for

24  multicounty candidates and shall so notify the candidate.  If

25  the required number of signatures has been obtained for the

26  name of the candidate to be placed on the ballot, the

27  candidate shall, during the time prescribed for qualifying for

28  office in s. 99.061, submit a copy of the notice to, and file

29  her or his qualification papers with, the qualifying officer

30  and take the oath prescribed in s. 99.021.

31

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  1         (b)  Each nominee who collects or expends campaign

  2  contributions shall conduct her or his campaign for supervisor

  3  of a soil and water conservation district in accordance with

  4  the provisions of chapter 106.  Candidates who neither receive

  5  contributions nor make expenditures, other than expenditures

  6  for verification of signatures on petitions, are exempt from

  7  the provisions of chapter 106 requiring establishment of bank

  8  accounts and appointment of a campaign treasurer, but shall

  9  file periodic reports as required by s. 106.07.

10         (c)  The names of all nominees on behalf of whom such

11  nominating petitions have been filed shall appear upon ballots

12  in accordance with the general election laws.  All qualified

13  electors residing within the district shall be eligible to

14  vote in such election.  The candidates who receive the largest

15  number of the votes cast from each group of candidates in such

16  election shall be the elected supervisors from such group for

17  such district. In the case of a newly created district

18  participating in a regular election for the first time, three

19  groups of candidates shall be elected for terms of 4 years,

20  and two groups shall be elected for initial terms of 2 years.

21  Each candidate elected shall assume office on the first

22  Tuesday after the first Monday in January following the

23  election.

24

25         Reviser's note.--Section 31, ch. 2001-40, Laws

26         of Florida, purported to amend paragraph

27         (1)(c), but failed to republish the

28         introductory paragraph of subsection (1). In

29         the absence of affirmative evidence that the

30         Legislature intended to repeal the introductory

31

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  1         language, subsection (1) is reenacted to

  2         confirm that the omission was not intended.

  3

  4         Section 89.  Subparagraph 1. of paragraph (b) of

  5  subsection (1) of section 624.408, Florida Statutes, is

  6  repealed.

  7

  8         Reviser's note.--Repealed to delete a provision

  9         that has served its purpose. The cited

10         subparagraph sets a required amount of surplus

11         for December 31, 2000, through December 30,

12         2001, for property and casualty insurers

13         holding a certificate of authority on December

14         1, 1993.

15

16         Section 90.  Section 625.171, Florida Statutes, is

17  amended to read:

18         625.171  Valuation of purchase money

19  mortgages.--Purchase money mortgages on real property referred

20  to in s. 625.161(2) 625.161(1) shall be valued in an amount

21  not exceeding the acquisition cost to the insurer of real

22  property covered thereby or 90 percent of the fair value of

23  such real property, whichever is less.

24

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

26         redesignation of s. 625.161(1) as s. 625.161(2)

27         by s. 19, ch. 2001-213, Laws of Florida.

28

29         Section 91.  Subsections (3) and (4) of section

30  626.032, Florida Statutes, are amended to read:

31

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  1         626.032  "Administrative agent" defined; continuing

  2  education and designation required.--

  3         (3)  An agent may request, and the department must

  4  grant, a designation of "administrative agent" to be

  5  prominently printed on the agent's license.  The request shall

  6  be filed on a form furnished by the department with the

  7  administrative agent's application filing fee of $10 and

  8  license modification fee established by s. 624.501(15)

  9  624.501(16).

10         (4)  An administrative agent who desires removal of the

11  "administrative agent" designation may apply to the

12  department, on forms furnished by the department with an

13  application filing fee of $10 and license modification fee

14  established pursuant to s. 624.501(15) 624.501(16).  If,

15  during the 24 months preceding the application, the

16  administrative agent completed the full continuing education

17  requirements specified in s. 626.2815, the department shall

18  remove the designation from the agent's license.

19

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

21         redesignation of s. 624.501(16) as s.

22         624.501(15) necessitated by the repeal of

23         former subsection (11) by s. 2, ch. 2001-142,

24         Laws of Florida.

25

26         Section 92.  Section 626.202, Florida Statutes, is

27  amended to read:

28         626.202  Fingerprinting requirements.--If there is a

29  change in ownership or control of any entity licensed under

30  this chapter, or if a new partner, officer, or director is

31  employed or appointed, a set of fingerprints of the new owner,

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  1  partner, officer, or director must be filed with the

  2  department within 30 days after the change. The acquisition of

  3  10 percent or more of a the voting securities of a licensed

  4  entity is considered a change of ownership or control. The

  5  fingerprints must be certified by a law enforcement officer

  6  and be accompanied by the fingerprint processing fee in s.

  7  624.501.

  8

  9         Reviser's note.--Amended to improve clarity.

10

11         Section 93.  Subsection (1) of section 626.874, Florida

12  Statutes, is amended to read:

13         626.874  Catastrophe or emergency adjusters.--

14         (1)  In the event of a catastrophe or emergency, the

15  department may issue a license, for the purposes and under the

16  conditions which it shall fix and for the period of emergency

17  as it shall determine, to persons who are residents or

18  nonresidents of this state and who are not licensed adjusters

19  under this part but who have been designated and certified to

20  it as qualified to act as adjusters by independent resident

21  adjusters or by an authorized insurer or by a licensed general

22  lines agent to adjust claims, losses, or damages under

23  policies or contracts of insurance issued by such insurers.

24  The fee for the license shall be as provided in s.

25  624.501(12)(c) 624.501(13)(c).

26

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

28         redesignation of s. 624.501(13)(c) as s.

29         624.501(12)(c) necessitated by the repeal of

30         former subsection (11) by s. 2, ch. 2001-142,

31         Laws of Florida.

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  1         Section 94.  Subparagraph 4. of paragraph (b) of

  2  subsection (4) of section 627.072, Florida Statutes, is

  3  repealed.

  4

  5         Reviser's note.--Repealed to delete a provision

  6         that has served its purpose. The cited

  7         subparagraph sets a deadline for reporting

  8         procedures by January 1, 1980.

  9

10         Section 95.  Subsection (11) of section 627.192,

11  Florida Statutes, is repealed.

12

13         Reviser's note.--Repealed to delete a provision

14         that has served its purpose.

15

16         Section 96.  Subsection (4) of section 627.211, Florida

17  Statutes, is repealed.

18

19         Reviser's note.--Repealed to delete an obsolete

20         provision.

21

22         Section 97.  Paragraph (o) of subsection (4) of section

23  627.311, Florida Statutes, is repealed.

24

25         Reviser's note.--Repealed to delete an obsolete

26         provision.

27

28         Section 98.  Subsections (1) and (5) of section

29  627.702, Florida Statutes, are amended to read:

30         627.702  Valued policy law.--

31

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  1         (1)  In the event of the total loss of any building,

  2  structure, mobile home as defined in s. 320.01(2), or

  3  manufactured building as defined in s. 553.36(12) 553.36(11),

  4  located in this state and insured by any insurer as to a

  5  covered peril, in the absence of any change increasing the

  6  risk without the insurer's consent and in the absence of

  7  fraudulent or criminal fault on the part of the insured or one

  8  acting in her or his behalf, the insurer's liability, if any,

  9  under the policy for such total loss shall be in the amount of

10  money for which such property was so insured as specified in

11  the policy and for which a premium has been charged and paid.

12         (5)  This section does not apply as to personal

13  property or any interest therein, except with respect to

14  mobile homes as defined in s. 320.01(2) or manufactured

15  buildings as defined in s. 553.36(12) 553.36(11).  Nor does

16  this section apply to coverage of an appurtenant structure or

17  other structure or any coverage or claim in which the dollar

18  amount of coverage available as to the structure involved is

19  not directly stated in the policy as a dollar amount

20  specifically applicable to that particular structure.

21

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

23         redesignation of s. 553.36(11) as s. 553.36(12)

24         by s. 21, ch. 2001-186, Laws of Florida.

25

26         Section 99.  Section 633.111, Florida Statutes, is

27  amended to read:

28         633.111  State Fire Marshal to keep records of fires;

29  reports of agents.--The State Fire Marshal shall keep in her

30  or his office a record of all fires occurring in this state

31  upon which she or he had caused an investigation to be made

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  1  and all facts concerning the same. These records, obtained or

  2  prepared by the State Fire Marshal pursuant to her or his

  3  investigation, include documents, papers, letters, maps,

  4  diagrams, tapes, photographs, films, sound recordings, and

  5  evidence.  These records are confidential and exempt from the

  6  provisions of s. 119.07(1) until the investigation is

  7  completed or ceases to be active. For purposes of this

  8  section, an investigation is considered "active" while such

  9  investigation is being conducted by the department with a

10  reasonable, good faith belief that it may lead to the filing

11  of administrative, civil, or criminal proceedings. An

12  investigation does not cease to be active if the department is

13  proceeding with reasonable dispatch, and there is a good faith

14  belief that action may be initiated by the department or other

15  administrative or law enforcement agency. Further, these

16  documents, papers, letters, maps, diagrams, tapes,

17  photographs, films, sound recordings, and evidence relative to

18  the subject of an investigation shall not be subject to

19  subpoena until the investigation is completed or ceases to be

20  active, unless the State Fire Marshal consents. These records

21  shall be made daily from the reports furnished the State Fire

22  Marshal by her or his agents or others.  Whenever the State

23  Fire Marshal releases an investigative report, any person

24  requesting a copy of the report shall pay in advance, and the

25  State Fire Marshal shall collect in advance, notwithstanding

26  the provisions of s. 624.501(19)(a) and (b) 624.501(20)(a) and

27  (b), a fee of $10 for the copy of the report, which fee shall

28  be deposited into the Insurance Commissioner's Regulatory

29  Trust Fund. The State Fire Marshal may release the report

30  without charge to any state attorney or to any law enforcement

31  agency or fire department assisting in the investigation.

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

  2         redesignation of s. 624.501(20)(a) and (b) as

  3         s. 624.501(19)(a) and (b) necessitated by the

  4         repeal of s. 624.501(11) by s. 2, ch. 2001-142,

  5         Laws of Florida.

  6

  7         Section 100.  Section 658.26, Florida Statutes, is

  8  reenacted to read:

  9         658.26  Places of transacting business; branches;

10  facilities.--

11         (1)  Any bank or trust company heretofore or hereafter

12  incorporated pursuant to this chapter shall have one main

13  office, which shall be located within the state.

14         (2)(a)  In addition, with the approval of the

15  department and upon such conditions as the department

16  prescribes, any bank or trust company may establish branches

17  within or outside the state. With the approval of the

18  department upon a determination that the resulting bank or

19  trust company will be of sound financial condition, any bank

20  or trust company incorporated pursuant to this chapter may

21  establish branches by merger with any other bank or trust

22  company.

23         (b)  An application for a branch by a bank that does

24  not meet the requirements for the branch notification process

25  shall be in writing in such form as the department prescribes

26  and be supported by such information, data, and records as the

27  department may require to make findings necessary for

28  approval. Applications filed pursuant to this subsection shall

29  not be published in the Florida Administrative Weekly but

30  shall otherwise be subject to the provisions of chapter 120.

31  Upon the filing of an application and a nonrefundable filing

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  1  fee for the establishment of any branch permitted by paragraph

  2  (a), the department shall make an investigation with respect

  3  to compliance with the requirements of paragraph (a) and shall

  4  investigate and consider all factors relevant to such

  5  requirements, including the following:

  6         1.  The sufficiency of capital accounts in relation to

  7  the deposit liabilities of the bank, or in relation to the

  8  number and valuation of fiduciary accounts of the trust

  9  company, including the proposed branch, and the additional

10  fixed assets, if any, which are proposed for the branch and

11  its operations, without undue risk to the bank or its

12  depositors, or undue risk to the trust company or its

13  fiduciary accounts;

14         2.  The sufficiency of earnings and earning prospects

15  of the bank or trust company to support the anticipated

16  expenses and any anticipated operating losses of the branch

17  during its formative or initial years;

18         3.  The sufficiency and quality of management available

19  to operate the branch;

20         4.  The name of the proposed branch to determine if it

21  reasonably identifies the branch as a branch of the main

22  office and is not likely to unduly confuse the public; and

23         5.  Substantial compliance by the applicants with

24  applicable law governing their operations.

25         (c)  As provided by departmental rule, a financial

26  institution operating in a safe and sound manner may establish

27  a branch by filing a written notice with the department at

28  least 30 days before opening that branch. In such case, the

29  financial institution need not file a branch application or

30  pay a branch application fee.

31

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  1         (3)(a)  An office in this state may be relocated with

  2  prior written approval of the department. An application for

  3  relocation shall be in writing in such form as the department

  4  prescribes and shall be supported by such information, data,

  5  and records as the department may require to make findings

  6  necessary for approval.

  7         (b)  Applications filed pursuant to this subsection

  8  shall not be published in the Florida Administrative Weekly

  9  but shall otherwise be subject to the provisions of chapter

10  120. Upon the filing of a relocation application and a

11  nonrefundable filing fee, the department shall investigate to

12  determine substantial compliance by the financial institution

13  with applicable law governing its operations. Additional

14  investments in land, buildings, leases, and leasehold

15  improvements resulting from such relocation shall comply with

16  the limitations imposed by s. 658.67(7)(a). A main office may

17  not be moved outside this state unless expressly authorized by

18  the financial institutions codes or by federal law.

19         (c)  A relocation application filed by a state bank or

20  trust company that is operating in a safe and sound manner

21  which is not denied within 10 working days after receipt shall

22  be deemed approved unless the department notifies the

23  financial institution in writing that the application was not

24  complete.

25         (d)  In addition to the application required by

26  paragraph (a), a financial institution whose main office in

27  this state has been in operation less than 24 months must

28  provide evidence that the criteria of s. 658.21(1) will be

29  met.

30

31

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  1         (e)  A branch office may be closed with 30 days' prior

  2  written notice to the department. The notice shall include any

  3  information the department may prescribe by rule.

  4         (4)  With prior written notification to the department,

  5  any bank may operate facilities which are not physically

  6  connected to the main or branch office of the bank, provided

  7  that the facilities are situated on the property of the main

  8  or branch office or property contiguous thereto. Property

  9  which is separated from the main or branch office of a bank by

10  only a street, and one or more walkways and alleyways are

11  determined to be, for purposes of this subsection, contiguous

12  to the property of the main or branch office.

13         (5)  A bank may provide, directly or through a contract

14  with another company, off-premises armored car service to its

15  customers.  Armored car services shall not be considered a

16  branch for the purposes of subsection (2).

17         (6)(a)  Any state bank that is a subsidiary of a bank

18  holding company may agree to receive deposits, renew time

19  deposits, close loans, service loans, and receive payments on

20  loans and other obligations, as an agent for an affiliated

21  depository institution.

22         (b)  The term "close loan" does not include the making

23  of a decision to extend credit or the extension of credit.

24         (c)  As used in this section, "receive deposits" means

25  the taking of deposits to be credited to an existing account

26  and does not include the opening or origination of new deposit

27  accounts at an affiliated institution by the agent

28  institution.

29         (d)  Under this section, affiliated banks may act as

30  agents for one another regardless of whether the institutions

31  are located in the same or different states.  This section

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  1  applies solely to affiliated depository institutions acting as

  2  agents, and has no application to agency relationships

  3  concerning nondepositories as agent, whether or not affiliated

  4  with the depository institution.

  5         (e)  In addition, under this section, agent banks may

  6  perform ministerial functions for the principal bank making a

  7  loan.  Ministerial functions include, but are not limited to,

  8  such activities as providing loan applications, assembling

  9  documents, providing a location for returning documents

10  necessary for making the loan, providing loan account

11  information, and receiving payments.  It does not include such

12  loan functions as evaluating applications or disbursing loan

13  funds.

14

15         Reviser's note.--Section 14, ch. 2001-243, Laws

16         of Florida, purported to amend s. 658.26, but

17         failed to republish paragraph (2)(c). In the

18         absence of affirmative evidence that the

19         Legislature intended to repeal this language,

20         the section is reenacted to confirm that the

21         omission was not intended.

22

23         Section 101.  Subsection (5) of section 660.27, Florida

24  Statutes, is amended to read:

25         660.27  Deposit of securities with Treasurer.--

26         (5)  With the approval of the Treasurer, each trust

27  company, bank, or association as pledgor may deposit eligible

28  collateral with a custodian. This custodian shall not be

29  affiliated or related to the trust company, bank, or

30  association. Collateral must be deposited using the collateral

31

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  1  agreements and provisions as set forth in s. 280.041(2) and

  2  (3) 280.041(1) and (2).

  3

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

  5         redesignation of s. 280.041(1) and (2) as s.

  6         280.041(2) and (3) by s. 3, ch. 2001-230, Laws

  7         of Florida.

  8

  9         Section 102.  Paragraph (m) of subsection (3) of

10  section 680.1031, Florida Statutes, is amended to read:

11         680.1031  Definitions and index of definitions.--

12         (3)  The following definitions in other chapters of

13  this code apply to this chapter:

14         (m)  "Pursuant to a commitment," s. 679.1021(1)(ooo)

15  679.1021(1)(ppp).

16

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

18         facilitate correct interpretation. The term

19         "pursuant to commitment" is defined in s.

20         679.1021(1)(ooo).

21

22         Section 103.  Sections 697.20, 697.201, 697.202,

23  697.204, 697.205, and 697.206, Florida Statutes, are repealed.

24

25         Reviser's note.--Repeals the Florida Home

26         Equity Conversion Act. The act has become

27         obsolete and has served its purpose.

28

29         Section 104.  Paragraph (c) of subsection (4) of

30  section 709.08, Florida Statutes, is amended to read:

31         709.08  Durable power of attorney.--

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  1         (4)  PROTECTION WITHOUT NOTICE; GOOD FAITH ACTS;

  2  AFFIDAVITS.--

  3         (c)  An affidavit executed by the attorney in fact must

  4  state where the principal is domiciled, that the principal is

  5  not deceased, and that there has been no revocation, partial

  6  or complete termination by adjudication of incapacity or by

  7  the occurrence of an event referenced in the durable power of

  8  attorney, or suspension by initiation of proceedings to

  9  determine incapacity or to appoint a guardian of the durable

10  power of attorney at the time the power of attorney is

11  exercised.  A written affidavit executed by the attorney in

12  fact under this paragraph may, but need not, be in the

13  following form:

14

15  STATE OF............

16  COUNTY OF............

17

18         Before me, the undersigned authority, personally

19  appeared ...(attorney in fact)... ("Affiant"), who swore or

20  affirmed that:

21         1.  Affiant is the attorney in fact named in the

22  Durable Power of Attorney executed by ...(principal)...

23  ("Principal") on ...(date)....

24         2.  This Durable Power of Attorney is currently

25  exercisable by Affiant. The principal is domiciled in

26  ...(insert name of state, territory, or foreign country

27  county)....

28         3.  To the best of the Affiant's knowledge after

29  diligent search and inquiry:

30         a.  The Principal is not deceased; and

31

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  1         b.  There has been no revocation, partial or complete

  2  termination by adjudication of incapacity or by the occurrence

  3  of an event referenced in the durable power of attorney, or

  4  suspension by initiation of proceedings to determine

  5  incapacity or to appoint a guardian.

  6         4.  Affiant agrees not to exercise any powers granted

  7  by the Durable Power of Attorney if Affiant attains knowledge

  8  that it has been revoked, partially or completely terminated,

  9  suspended, or is no longer valid because of the death or

10  adjudication of incapacity of the Principal.

11

12                                                ................

13                                                 ...(Affiant)...

14

15         Sworn to (or affirmed) and subscribed before me this

16  .... day of ...(month)..., ...(year)..., by ...(name of person

17  making statement)...

18

19  ...(Signature of Notary Public-State of Florida)...

20

21  ...(Print, Type, or Stamp Commissioned Name of Notary

22  Public)...

23

24  Personally Known OR Produced Identification

25  ...(Type of Identification Produced)...

26

27

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

29         facilitate correct interpretation.

30

31

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  1         Section 105.  Paragraph (c) of subsection (2) of

  2  section 723.06116, Florida Statutes, is amended to read:

  3         723.06116  Payments to the Florida Mobile Home

  4  Relocation Trust Fund.--

  5         (2)  A mobile home park owner is not required to make

  6  the payment prescribed in subsection (1), nor is the mobile

  7  home owner entitled to compensation under s. 723.0612, when:

  8         (c)  A mobile home owner abandons the mobile home as

  9  set forth in s. 723.0612(7) 723.0612(8).

10

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

12         facilitate correct interpretation. Abandonment

13         of the mobile home by the mobile home owner is

14         addressed in s. 723.0612(7).

15

16         Section 106.  Subsection (29) of section 731.201,

17  Florida Statutes, is amended to read:

18         731.201  General definitions.--Subject to additional

19  definitions in subsequent chapters that are applicable to

20  specific chapters or parts, and unless the context otherwise

21  requires, in this code, in s. 409.9101, and in chapters 737,

22  738, and 744:

23         (29)  "Protected homestead" means the property

24  described in s. 4(a)(1), Art. X of the State Constitution on

25  which at the death of the owner the exemption inures to the

26  owner's surviving spouse or heirs under s. 4(b), Art. X of the

27  State Constitution. For purposes of the code, real property

28  owned as tenants by the entirety is not protected homestead.

29

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

31         facilitate correct interpretation.

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  1         Section 107.  Section 732.219, Florida Statutes, is

  2  amended to read:

  3         732.219  Disposition upon death.--Upon the death of a

  4  married person, one-half of the property to which ss.

  5  732.216-732.228 apply is the property of the surviving spouse

  6  and is not subject to testamentary disposition by the decedent

  7  or distribution under the laws of succession of this state.

  8  One-half of that property is the property of the decedent and

  9  is subject to testamentary disposition or distribution under

10  the laws of succession of this state.  The decedent's one-half

11  of that property is not in the elective elected estate.

12

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

14         facilitate correct interpretation.

15

16         Section 108.  Subsection (1) of section 733.501,

17  Florida Statutes, is amended to read:

18         733.501  Curators.--

19         (1)  When it is necessary, the court may appoint a

20  curator after formal notice to the person apparently entitled

21  to letters of administration. The curator may be authorized to

22  perform any duty or function of a personal representative. If

23  there is great danger that any of the decedent's property is

24  likely to be wasted, destroyed, or removed beyond the

25  jurisdiction of the court and if the appointment of a curator

26  would be delayed by giving notice, the court may appoint a

27  curator without giving notice.

28

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

30         facilitate correct interpretation.

31

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  1         Section 109.  Subsection (4) of section 733.617,

  2  Florida Statutes, is amended to read:

  3         733.617  Compensation of personal representative.--

  4         (4)  If the will provides that a personal

  5  representative's compensation shall be based upon specific

  6  criteria, other than a general reference to commissions

  7  allowed by law or words of or similar import, including, but

  8  not limited to, rates, amounts, commissions, or reference to

  9  the personal representative's regularly published schedule of

10  fees in effect at the decedent's date of death, or words of

11  similar import, then a personal representative shall be

12  entitled to compensation in accordance with that provision.

13  However, except for references in the will to the personal

14  representative's regularly published schedule of fees in

15  effect at the decedent's date of death, or words of similar

16  import, if there is no written contract with the decedent

17  regarding compensation, a personal representative may renounce

18  the provisions contained in the will and be entitled to

19  compensation under this section. A personal representative may

20  also renounce the right to all or any part of the

21  compensation.

22

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

24         facilitate correct interpretation.

25

26         Section 110.  Subsections (3) and (4) of section

27  734.101, Florida Statutes, are amended to read:

28         734.101  Foreign personal representative.--

29         (3)  Debtors who have not received a written demand for

30  payment from a personal representative or curator appointed in

31  this state within 60 days after appointment of a personal

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  1  representative in any other state or country, and whose

  2  property in Florida is subject to a mortgage or other lien

  3  securing the debt held by the foreign personal representative,

  4  may pay the foreign personal representative after the

  5  expiration of 60 days from the date of appointment of the

  6  foreign personal personnel representative. Thereafter, a

  7  satisfaction of the mortgage or lien executed by the foreign

  8  personal representative, with an authenticated copy of the

  9  letters or other evidence of authority attached, may be

10  recorded in the public records.  The satisfaction shall be an

11  effective discharge of the mortgage or lien, irrespective of

12  whether the debtor making payment had received a written

13  demand before paying the debt.

14         (4)  All persons indebted to the estate of a decedent,

15  or having possession of personal property belonging to the

16  estate, who have received no written demand from a personal

17  representative or curator appointed in this state for payment

18  of the debt or the delivery of the property are authorized to

19  pay the debt or to deliver the personal property to the

20  foreign personal representative after the expiration of 60

21  days from the date of appointment of the foreign personal

22  personnel representative.

23

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

25         facilitate correct interpretation.

26

27         Section 111.  Section 765.5185, Florida Statutes, is

28  amended to read:

29         765.5185  Corneal removal by medical examiners.--

30         (1)  In any case in which a patient is in need of

31  corneal tissue for a transplant, a district medical examiner

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  1  or an appropriately qualified designee with training in

  2  ophthalmologic techniques may, upon request of any eye bank

  3  authorized under s. 765.518 732.918, provide the cornea of a

  4  decedent whenever all of the following conditions are met:

  5         (a)  A decedent who may provide a suitable cornea for

  6  the transplant is under the jurisdiction of the medical

  7  examiner and an autopsy is required in accordance with s.

  8  406.11.

  9         (b)  No objection by the next of kin of the decedent is

10  known by the medical examiner.

11         (c)  The removal of the cornea will not interfere with

12  the subsequent course of an investigation or autopsy.

13         (2)  Neither the district medical examiner nor the

14  medical examiner's appropriately qualified designee nor any

15  eye bank authorized under s. 765.518 732.918 may be held

16  liable in any civil or criminal action for failure to obtain

17  consent of the next of kin.

18

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

20         redesignation of s. 732.918 as s. 765.518 by s.

21         68, ch. 2001-226, Laws of Florida.

22

23         Section 112.  Subsection (1) of section 765.5215,

24  Florida Statutes, is amended to read:

25         765.5215  Education program relating to anatomical

26  gifts.--The Agency for Health Care Administration, subject to

27  the concurrence of the Department of Highway Safety and Motor

28  Vehicles, shall develop a continuing program to educate and

29  inform medical professionals, law enforcement agencies and

30  officers, high school children, state and local government

31  employees, and the public regarding the laws of this state

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  1  relating to anatomical gifts and the need for anatomical

  2  gifts.

  3         (1)  The program is to be implemented with the

  4  assistance of the organ and tissue donor education panel as

  5  provided in s. 765.5216 732.9216 and with the funds collected

  6  under ss. 320.08047 and 322.08(6)(b). Existing community

  7  resources, when available, must be used to support the

  8  program, and volunteers may assist the program to the maximum

  9  extent possible. The Agency for Health Care Administration may

10  contract for the provision of all or any portion of the

11  program. When awarding such contract, the agency shall give

12  priority to existing nonprofit groups that are located within

13  the community, including within the minority communities

14  specified in subsection (2).  The program aimed at educating

15  medical professionals may be implemented by contract with one

16  or more medical schools located in the state.

17

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

19         redesignation of s. 732.9216 as s. 765.5216 by

20         s. 74, ch. 2001-226, Laws of Florida.

21

22         Section 113.  Subsection (2) of section 765.5216,

23  Florida Statutes, is amended to read:

24         765.5216  Organ and tissue donor education panel.--

25         (2)  There is created within the Agency for Health Care

26  Administration a statewide organ and tissue donor education

27  panel, consisting of 12 members, to represent the interests of

28  the public with regard to increasing the number of organ and

29  tissue donors within the state.  The panel and the Organ and

30  Tissue Procurement and Transplantation Advisory Board

31  established in s. 381.6023 shall jointly develop, subject to

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  1  the approval of the Agency for Health Care Administration,

  2  education initiatives pursuant to s. 765.5215 732.9215, which

  3  the agency shall implement.  The membership must be balanced

  4  with respect to gender, ethnicity, and other demographic

  5  characteristics so that the appointees reflect the diversity

  6  of the population of this state.  The panel members must

  7  include:

  8         (a)  A representative from the Agency for Health Care

  9  Administration, who shall serve as chairperson of the panel.

10         (b)  A representative from a Florida licensed organ

11  procurement organization.

12         (c)  A representative from a Florida licensed tissue

13  bank.

14         (d)  A representative from a Florida licensed eye bank.

15         (e)  A representative from a Florida licensed hospital.

16         (f)  A representative from the Division of Driver

17  Licenses of the Department of Highway Safety and Motor

18  Vehicles, who possesses experience and knowledge in dealing

19  with the public.

20         (g)  A representative from the family of an organ,

21  tissue, or eye donor.

22         (h)  A representative who has been the recipient of a

23  transplanted organ, tissue, or eye, or is a family member of a

24  recipient.

25         (i)  A representative who is a minority person as

26  defined in former s. 381.81.

27         (j)  A representative from a professional association

28  or public relations or advertising organization.

29         (k)  A representative from a community service club or

30  organization.

31         (l)  A representative from the Department of Education.

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  1         Reviser's note.--The introductory language to

  2         subsection (2) is amended to conform to the

  3         redesignation of s. 732.9215 as s. 765.5215 by

  4         s. 72, ch. 2001-226, Laws of Florida. Paragraph

  5         (2)(i) is amended to improve clarity and

  6         facilitate correct interpretation; s. 381.81

  7         was repealed by s. 125, ch. 97-237, Laws of

  8         Florida.

  9

10         Section 114.  Subsection (4) of section 766.1115,

11  Florida Statutes, is reenacted to read:

12         766.1115  Health care providers; creation of agency

13  relationship with governmental contractors.--

14         (4)  CONTRACT REQUIREMENTS.--A health care provider

15  that executes a contract with a governmental contractor to

16  deliver health care services on or after April 17, 1992, as an

17  agent of the governmental contractor is an agent for purposes

18  of s. 768.28(9), while acting within the scope of duties

19  pursuant to the contract, if the contract complies with the

20  requirements of this section and regardless of whether the

21  individual treated is later found to be ineligible.  A health

22  care provider under contract with the state may not be named

23  as a defendant in any action arising out of the medical care

24  or treatment provided on or after April 17, 1992, pursuant to

25  contracts entered into under this section.  The contract must

26  provide that:

27         (a)  The right of dismissal or termination of any

28  health care provider delivering services pursuant to the

29  contract is retained by the governmental contractor.

30

31

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  1         (b)  The governmental contractor has access to the

  2  patient records of any health care provider delivering

  3  services pursuant to the contract.

  4         (c)  Adverse incidents and information on treatment

  5  outcomes must be reported by any health care provider to the

  6  governmental contractor if such incidents and information

  7  pertain to a patient treated pursuant to the contract. The

  8  health care provider shall submit the reports required by s.

  9  395.0197. If an incident involves a professional licensed by

10  the Department of Health or a facility licensed by the Agency

11  for Health Care Administration, the governmental contractor

12  shall submit such incident reports to the appropriate

13  department or agency, which shall review each incident and

14  determine whether it involves conduct by the licensee that is

15  subject to disciplinary action. All patient medical records

16  and any identifying information contained in adverse incident

17  reports and treatment outcomes which are obtained by

18  governmental entities pursuant to this paragraph are

19  confidential and exempt from the provisions of s. 119.07(1)

20  and s. 24(a), Art. I of the State Constitution.

21         (d)  Patient selection and initial referral must be

22  made solely by the governmental contractor, and the provider

23  must accept all referred patients. However, the number of

24  patients that must be accepted may be limited by the contract,

25  and patients may not be transferred to the provider based on a

26  violation of the antidumping provisions of the Omnibus Budget

27  Reconciliation Act of 1989, the Omnibus Budget Reconciliation

28  Act of 1990, or chapter 395.

29         (e)  If emergency care is required, the patient need

30  not be referred before receiving treatment, but must be

31  referred within 48 hours after treatment is commenced or

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  1  within 48 hours after the patient has the mental capacity to

  2  consent to treatment, whichever occurs later.

  3         (f)  Patient care, including any followup or hospital

  4  care, is subject to approval by the governmental contractor.

  5         (g)  The provider is subject to supervision and regular

  6  inspection by the governmental contractor.

  7

  8  A governmental contractor that is also a health care provider

  9  is not required to enter into a contract under this section

10  with respect to the health care services delivered by its

11  employees.

12

13         Reviser's note.--Section 88, ch. 2001-277, Laws

14         of Florida, purported to amend paragraph

15         (4)(c), but failed to republish the flush left

16         language at the end of the subsection. In the

17         absence of affirmative evidence that the

18         Legislature intended to repeal the flush left

19         language, subsection (4) is reenacted to

20         confirm that the omission was not intended.

21

22         Section 115.  Subsection (2) of section 766.305,

23  Florida Statutes, is amended to read:

24         766.305  Filing of claims and responses; medical

25  disciplinary review.--

26         (2)  The claimant shall furnish the division with as

27  many copies of the petition as required for service upon the

28  association, any physician and hospital named in the petition,

29  and the Division of Medical Quality Assurance, along with a

30  $15 filing fee payable to the Division of Administrative

31  Hearings.  Upon receipt of the petition, the division shall

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  1  immediately serve the association, by service upon the agent

  2  designated to accept service on behalf of the association, by

  3  registered or certified mail, and shall mail copies of the

  4  petition to any physician and hospital named in the petition,

  5  the Division of Medical Quality Assurance, and the Agency for

  6  Health Care Administration, and the medical advisory review

  7  panel provided for in s. 766.308.

  8

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

10         repeal of s. 766.308 by s. 151, ch. 2001-277,

11         Laws of Florida.

12

13         Section 116.  Subsection (1) of section 784.074,

14  Florida Statutes, is amended to read:

15         784.074  Assault or battery on sexually violent

16  predators detention or commitment facility staff;

17  reclassification of offenses.--

18         (1)  Whenever a person is charged with committing an

19  assault or aggravated assault or a battery or aggravated

20  battery upon a staff member of a sexually violent predators

21  detention or commitment facility as defined in part V of or

22  chapter 394, while the staff member is engaged in the lawful

23  performance of his or her duties and when the person

24  committing the offense knows or has reason to know the

25  identity or employment of the victim, the offense for which

26  the person is charged shall be reclassified as follows:

27         (a)  In the case of aggravated battery, from a felony

28  of the second degree to a felony of the first degree.

29         (b)  In the case of an aggravated assault, from a

30  felony of the third degree to a felony of the second degree.

31

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  1         (c)  In the case of battery, from a misdemeanor of the

  2  first degree to a felony of the third degree.

  3         (d)  In the case of assault, from a misdemeanor of the

  4  second degree to a misdemeanor of the first degree.

  5

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

  7         facilitate correct interpretation.

  8

  9         Section 117.  Paragraph (a) of subsection (5) and

10  subsection (7) of section 806.13, Florida Statutes, are

11  amended to read:

12         806.13  Criminal mischief; penalties; penalty for

13  minor.--

14         (5)(a)  The amounts of value of damage to property

15  owned by separate persons, if the property was damaged during

16  one scheme or course of or conduct, may be aggregated in

17  determining the grade of the offense under this section.

18         (7)  A minor whose driver's license or driving

19  privilege is revoked, suspended, or withheld under subsection

20  (6) (5) may elect to reduce the period of revocation,

21  suspension, or withholding by performing community service at

22  the rate of 1 day for each hour of community service

23  performed.  In addition, if the court determines that due to a

24  family hardship, the minor's driver's license or driving

25  privilege is necessary for employment or medical purposes of

26  the minor or a member of the minor's family, the court shall

27  order the minor to perform community service and reduce the

28  period of revocation, suspension, or withholding at the rate

29  of 1 day for each hour of community service performed.  As

30  used in this subsection, the term "community service" means

31  cleaning graffiti from public property.

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  1         Reviser's note.--Paragraph (5)(a) is amended to

  2         facilitate correct interpretation. Subsection

  3         (7) is amended to conform to the redesignation

  4         of subsection (5) as subsection (6) by s. 5,

  5         ch. 2001-244, Laws of Florida.

  6

  7         Section 118.  Paragraphs (g), (h), and (i) of

  8  subsection (3) of section 921.0022, Florida Statutes, as

  9  amended by section 2 of chapter 2001-358, Laws of Florida, are

10  amended to read:

11         921.0022  Criminal Punishment Code; offense severity

12  ranking chart.--

13         (3)  OFFENSE SEVERITY RANKING CHART

14

15  Florida            Felony

16  Statute            Degree   Description

17

18

19                              (g)  LEVEL 7

20  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

21                              injury.

22  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

23                              bodily injury.

24  402.319(2)         2nd      Misrepresentation and negligence

25                              or intentional act resulting in

26                              great bodily harm, permanent

27                              disfiguration, permanent

28                              disability, or death.

29  409.920(2)         3rd      Medicaid provider fraud.

30  456.065(2)         3rd      Practicing a health care

31                              profession without a license.

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  1  456.065(2)         2nd      Practicing a health care

  2                              profession without a license

  3                              which results in serious bodily

  4                              injury.

  5  458.327(1)         3rd      Practicing medicine without a

  6                              license.

  7  459.013(1)         3rd      Practicing osteopathic medicine

  8                              without a license.

  9  460.411(1)         3rd      Practicing chiropractic medicine

10                              without a license.

11  461.012(1)         3rd      Practicing podiatric medicine

12                              without a license.

13  462.17             3rd      Practicing naturopathy without a

14                              license.

15  463.015(1)         3rd      Practicing optometry without a

16                              license.

17  464.016(1)         3rd      Practicing nursing without a

18                              license.

19  465.015(2)         3rd      Practicing pharmacy without a

20                              license.

21  466.026(1)         3rd      Practicing dentistry or dental

22                              hygiene without a license.

23  467.201            3rd      Practicing midwifery without a

24                              license.

25  468.366            3rd      Delivering respiratory care

26                              services without a license.

27  483.828(1)         3rd      Practicing as clinical laboratory

28                              personnel without a license.

29  483.901(9)         3rd      Practicing medical physics

30                              without a license.

31

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  1  484.013(1)(c)      3rd      Preparing or dispensing optical

  2                              devices without a prescription.

  3  484.053            3rd      Dispensing hearing aids without a

  4                              license.

  5  494.0018(2)        1st      Conviction of any violation of

  6                              ss. 494.001-494.0077 in which the

  7                              total money and property

  8                              unlawfully obtained exceeded

  9                              $50,000 and there were five or

10                              more victims.

11  560.123(8)(b)1.    3rd      Failure to report currency or

12                              payment instruments exceeding

13                              $300 but less than $20,000 by

14                              money transmitter.

15  560.125(5)(a)      3rd      Money transmitter business by

16                              unauthorized person, currency or

17                              payment instruments exceeding

18                              $300 but less than $20,000.

19  655.50(10)(b)1.    3rd      Failure to report financial

20                              transactions exceeding $300 but

21                              less than $20,000 by financial

22                              institution.

23  782.051(3)         2nd      Attempted felony murder of a

24                              person by a person other than the

25                              perpetrator or the perpetrator of

26                              an attempted felony.

27  782.07(1)          2nd      Killing of a human being by the

28                              act, procurement, or culpable

29                              negligence of another

30                              (manslaughter).

31

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  1  782.071            2nd      Killing of human being or viable

  2                              fetus by the operation of a motor

  3                              vehicle in a reckless manner

  4                              (vehicular homicide).

  5  782.072            2nd      Killing of a human being by the

  6                              operation of a vessel in a

  7                              reckless manner (vessel

  8                              homicide).

  9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.07(2)(d)       1st      Aggravated battery on law

19                              enforcement officer.

20  784.074(1)(a)      1st      Aggravated battery on sexually

21                              violent predators facility staff.

22  784.08(2)(a)       1st      Aggravated battery on a person 65

23                              years of age or older.

24  784.081(1)         1st      Aggravated battery on specified

25                              official or employee.

26  784.082(1)         1st      Aggravated battery by detained

27                              person on visitor or other

28                              detainee.

29  784.083(1)         1st      Aggravated battery on code

30                              inspector.

31

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  1  790.07(4)          1st      Specified weapons violation

  2                              subsequent to previous conviction

  3                              of s. 790.07(1) or (2).

  4  790.16(1)          1st      Discharge of a machine gun under

  5                              specified circumstances.

  6  790.166(3)         2nd      Possessing, selling, using, or

  7                              attempting to use a hoax weapon

  8                              of mass destruction.

  9  796.03             2nd      Procuring any person under 16

10                              years for prostitution.

11  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

12                              victim less than 12 years of age;

13                              offender less than 18 years.

14  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

15                              victim 12 years of age or older

16                              but less than 16 years; offender

17                              18 years or older.

18  806.01(2)          2nd      Maliciously damage structure by

19                              fire or explosive.

20  810.02(3)(a)       2nd      Burglary of occupied dwelling;

21                              unarmed; no assault or battery.

22  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

23                              unarmed; no assault or battery.

24  810.02(3)(d)       2nd      Burglary of occupied conveyance;

25                              unarmed; no assault or battery.

26  812.014(2)(a)      1st      Property stolen, valued at

27                              $100,000 or more; cargo stolen

28                              valued at $50,000, or more;

29                              property stolen while causing

30                              other property damage; 1st degree

31                              grand theft.

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  1  812.014(2)(b)3.

  2  812.014(2)(b)2.    2nd      Property stolen, emergency

  3                              medical equipment; 2nd degree

  4                              grand theft.

  5  812.019(2)         1st      Stolen property; initiates,

  6                              organizes, plans, etc., the theft

  7                              of property and traffics in

  8                              stolen property.

  9  812.131(2)(a)      2nd      Robbery by sudden snatching.

10  812.133(2)(b)      1st      Carjacking; no firearm, deadly

11                              weapon, or other weapon.

12  817.234(11)(c)     1st      Insurance fraud; property value

13                              $100,000 or more.

14  825.102(3)(b)      2nd      Neglecting an elderly person or

15                              disabled adult causing great

16                              bodily harm, disability, or

17                              disfigurement.

18  825.1025(2)        2nd      Lewd or lascivious battery upon

19                              an elderly person or disabled

20                              adult.

21  825.103(2)(b)      2nd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at $20,000 or more, but

24                              less than $100,000.

25  827.03(3)(b)       2nd      Neglect of a child causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  827.04(3)          3rd      Impregnation of a child under 16

29                              years of age by person 21 years

30                              of age or older.

31

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  1  837.05(2)          3rd      Giving false information about

  2                              alleged capital felony to a law

  3                              enforcement officer.

  4  872.06             2nd      Abuse of a dead human body.

  5  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  6                              cocaine (or other drug prohibited

  7                              under s. 893.03(1)(a), (1)(b),

  8                              (1)(d), (2)(a), (2)(b), or

  9                              (2)(c)4.) within 1,000 feet of a

10                              child care facility or school.

11  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

12                              cocaine or other drug prohibited

13                              under s. 893.03(1)(a), (1)(b),

14                              (1)(d), (2)(a), (2)(b), or

15                              (2)(c)4., within 1,000 feet of

16                              property used for religious

17                              services or a specified business

18                              site.

19  893.13(4)(a)       1st      Deliver to minor cocaine (or

20                              other s. 893.03(1)(a), (1)(b),

21                              (1)(d), (2)(a), (2)(b), or

22                              (2)(c)4. drugs).

23  893.135(1)(a)1.    1st      Trafficking in cannabis, more

24                              than 25 lbs., less than 2,000

25                              lbs.

26  893.135

27   (1)(b)1.a.        1st      Trafficking in cocaine, more than

28                              28 grams, less than 200 grams.

29

30

31

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  1  893.135

  2   (1)(c)1.a.        1st      Trafficking in illegal drugs,

  3                              more than 4 grams, less than 14

  4                              grams.

  5  893.135

  6   (1)(d)1.          1st      Trafficking in phencyclidine,

  7                              more than 28 grams, less than 200

  8                              grams.

  9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15  893.135

16   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

17                              grams or more, less than 14

18                              grams.

19  893.135

20   (1)(h)1.a.        1st      Trafficking in

21                              gamma-hydroxybutyric acid (GHB),

22                              1 kilogram or more, less than 5

23                              kilograms.

24  893.135(1)(j)1.a.

25  893.135(1)(i)1.a.  1st      Trafficking in 1,4-Butanediol, 1

26                              kilogram or more, less than 5

27                              kilograms.

28  893.135(1)(k)2.a.

29  893.135(1)(j)2.a.  1st      Trafficking in Phenethylamines,

30                              10 grams or more, less than 200

31                              grams.

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  1  896.101(5)(a)      3rd      Money laundering, financial

  2                              transactions exceeding $300 but

  3                              less than $20,000.

  4  896.104(4)(a)1.    3rd      Structuring transactions to evade

  5                              reporting or registration

  6                              requirements, financial

  7                              transactions exceeding $300 but

  8                              less than $20,000.

  9                              (h)  LEVEL 8

10  316.193

11   (3)(c)3.a.        2nd      DUI manslaughter.

12  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

13  560.123(8)(b)2.    2nd      Failure to report currency or

14                              payment instruments totaling or

15                              exceeding $20,000, but less than

16                              $100,000 by money transmitter.

17  560.125(5)(b)      2nd      Money transmitter business by

18                              unauthorized person, currency or

19                              payment instruments totaling or

20                              exceeding $20,000, but less than

21                              $100,000.

22  655.50(10)(b)2.    2nd      Failure to report financial

23                              transactions totaling or

24                              exceeding $20,000, but less than

25                              $100,000 by financial

26                              institutions.

27  777.03(2)(a)       1st      Accessory after the fact, capital

28                              felony.

29

30

31

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  1  782.04(4)          2nd      Killing of human without design

  2                              when engaged in act or attempt of

  3                              any felony other than arson,

  4                              sexual battery, robbery,

  5                              burglary, kidnapping, aircraft

  6                              piracy, or unlawfully discharging

  7                              bomb.

  8  782.051(2)         1st      Attempted felony murder while

  9                              perpetrating or attempting to

10                              perpetrate a felony not

11                              enumerated in s. 782.04(3).

12  782.071(1)(b)      1st      Committing vehicular homicide and

13                              failing to render aid or give

14                              information.

15  782.072(2)         1st      Committing vessel homicide and

16                              failing to render aid or give

17                              information.

18  790.161(3)         1st      Discharging a destructive device

19                              which results in bodily harm or

20                              property damage.

21  794.011(5)         2nd      Sexual battery, victim 12 years

22                              or over, offender does not use

23                              physical force likely to cause

24                              serious injury.

25  800.04(4)          2nd      Lewd or lascivious battery.

26  806.01(1)          1st      Maliciously damage dwelling or

27                              structure by fire or explosive,

28                              believing person in structure.

29  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

30  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

31                              or dangerous weapon.

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  1  810.02(2)(c)       1st      Burglary of a dwelling or

  2                              structure causing structural

  3                              damage or $1,000 or more property

  4                              damage.

  5  812.13(2)(b)       1st      Robbery with a weapon.

  6  812.135(2)         1st      Home-invasion robbery.

  7  825.102(2)         2nd      Aggravated abuse of an elderly

  8                              person or disabled adult.

  9  825.103(2)(a)      1st      Exploiting an elderly person or

10                              disabled adult and property is

11                              valued at $100,000 or more.

12  837.02(2)          2nd      Perjury in official proceedings

13                              relating to prosecution of a

14                              capital felony.

15  837.021(2)         2nd      Making contradictory statements

16                              in official proceedings relating

17                              to prosecution of a capital

18                              felony.

19  860.121(2)(c)      1st      Shooting at or throwing any

20                              object in path of railroad

21                              vehicle resulting in great bodily

22                              harm.

23  860.16             1st      Aircraft piracy.

24  893.13(1)(b)       1st      Sell or deliver in excess of 10

25                              grams of any substance specified

26                              in s. 893.03(1)(a) or (b).

27  893.13(2)(b)       1st      Purchase in excess of 10 grams of

28                              any substance specified in s.

29                              893.03(1)(a) or (b).

30

31

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  1  893.13(6)(c)       1st      Possess in excess of 10 grams of

  2                              any substance specified in s.

  3                              893.03(1)(a) or (b).

  4  893.135(1)(a)2.    1st      Trafficking in cannabis, more

  5                              than 2,000 lbs., less than 10,000

  6                              lbs.

  7  893.135

  8   (1)(b)1.b.        1st      Trafficking in cocaine, more than

  9                              200 grams, less than 400 grams.

10  893.135

11   (1)(c)1.b.        1st      Trafficking in illegal drugs,

12                              more than 14 grams, less than 28

13                              grams.

14  893.135

15   (1)(d)1.b.        1st      Trafficking in phencyclidine,

16                              more than 200 grams, less than

17                              400 grams.

18  893.135

19   (1)(e)1.b.        1st      Trafficking in methaqualone, more

20                              than 5 kilograms, less than 25

21                              kilograms.

22  893.135

23   (1)(f)1.b.        1st      Trafficking in amphetamine, more

24                              than 28 grams, less than 200

25                              grams.

26  893.135

27   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

28                              grams or more, less than 28

29                              grams.

30

31

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  1  893.135

  2   (1)(h)1.b.        1st      Trafficking in

  3                              gamma-hydroxybutyric acid (GHB),

  4                              5 kilograms or more, less than 10

  5                              kilograms.

  6  893.135(1)(j)1.b.

  7  893.135(1)(i)1.b.  1st      Trafficking in 1,4-Butanediol, 5

  8                              kilograms or more, less than 10

  9                              kilograms.

10  893.135(1)(k)2.b.

11  893.135(1)(j)2.b.  1st      Trafficking in Phenethylamines,

12                              200 grams or more, less than 400

13                              grams.

14  895.03(1)          1st      Use or invest proceeds derived

15                              from pattern of racketeering

16                              activity.

17  895.03(2)          1st      Acquire or maintain through

18                              racketeering activity any

19                              interest in or control of any

20                              enterprise or real property.

21  895.03(3)          1st      Conduct or participate in any

22                              enterprise through pattern of

23                              racketeering activity.

24  896.101(5)(b)      2nd      Money laundering, financial

25                              transactions totaling or

26                              exceeding $20,000, but less than

27                              $100,000.

28

29

30

31

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  1  896.104(4)(a)2.    2nd      Structuring transactions to evade

  2                              reporting or registration

  3                              requirements, financial

  4                              transactions totaling or

  5                              exceeding $20,000 but less than

  6                              $100,000.

  7                              (i)  LEVEL 9

  8  316.193

  9   (3)(c)3.b.        1st      DUI manslaughter; failing to

10                              render aid or give information.

11  560.123(8)(b)3.    1st      Failure to report currency or

12                              payment instruments totaling or

13                              exceeding $100,000 by money

14                              transmitter.

15  560.125(5)(c)      1st      Money transmitter business by

16                              unauthorized person, currency, or

17                              payment instruments totaling or

18                              exceeding $100,000.

19  655.50(10)(b)3.    1st      Failure to report financial

20                              transactions totaling or

21                              exceeding $100,000 by financial

22                              institution.

23  775.0844 755.0844  1st      Aggravated white collar crime.

24  782.04(1)          1st      Attempt, conspire, or solicit to

25                              commit premeditated murder.

26  782.04(3)          1st,PBL   Accomplice to murder in

27                              connection with arson, sexual

28                              battery, robbery, burglary, and

29                              other specified felonies.

30

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  1  782.051(1)         1st      Attempted felony murder while

  2                              perpetrating or attempting to

  3                              perpetrate a felony enumerated in

  4                              s. 782.04(3).

  5  782.07(2)          1st      Aggravated manslaughter of an

  6                              elderly person or disabled adult.

  7  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

  8                              reward or as a shield or hostage.

  9  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

10                              or facilitate commission of any

11                              felony.

12  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

13                              interfere with performance of any

14                              governmental or political

15                              function.

16  787.02(3)(a)       1st      False imprisonment; child under

17                              age 13; perpetrator also commits

18                              aggravated child abuse, sexual

19                              battery, or lewd or lascivious

20                              battery, molestation, conduct, or

21                              exhibition.

22  790.161            1st      Attempted capital destructive

23                              device offense.

24  790.166(2)         1st,PBL  Possessing, selling, using, or

25                              attempting to use a weapon of

26