HB 1015 2003
1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	11.90, 61.13, 83.03, 211.31, 288.1222, and 350.115, F.S.;
4	and repealing s. 408.0015, F.S.; pursuant to s. 11.242,
5	F.S.; deleting provisions that have expired, have become
6	obsolete, have had their effect, have served their
7	purpose, or have been impliedly repealed or superseded;
8	replacing incorrect cross-references and citations;
9	correcting grammatical, typographical, and like errors;
10	removing inconsistencies, redundancies, and unnecessary
11	repetition in the statutes; and improving the clarity of
12	the statutes and facilitating their correct
13	interpretation.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Subsection (7) of section 11.90, Florida
18	Statutes, is amended to read:
19	11.90 Legislative Budget Commission.--
20	(7) The commission shall review information resources
21	management needs identified in agency long-range program plans
22	for consistency with the State Annual Report on Enterprise
23	Resource Planning and Management and statewide policies adopted
24	by the State Technology Office. The commission shall also
25	review proposed budget amendments associated with information
26	technology that involve more than one agency, that have an
27	outcome that impacts another agency, or that exceed $500,000 in
28	total cost over a1-year period.
29
30	Reviser's note.--Amended to improve clarity.
31
32	Section 2. Paragraph (b) of subsection (2) of section
33	61.13, Florida Statutes, is amended to read:
34	61.13 Custody and support of children; visitation rights;
35	power of court in making orders.--
36	(2)
37	(b)1. The court shall determine all matters relating to
38	custody of each minor child of the parties in accordance with
39	the best interests of the child and in accordance with the
40	Uniform Child Custody Jurisdiction and Enforcement Act. It is
41	the public policy of this state to assure that each minor child
42	has frequent and continuing contact with both parents after the
43	parents separate or the marriage of the parties is dissolved and
44	to encourage parents to share the rights and responsibilities,
45	and joys, of childrearing. After considering all relevant facts,
46	the father of the child shall be given the same consideration as
47	the mother in determining the primary residence of a child
48	irrespective of the age or sex of the child.
49	2. The court shall order that the parental responsibility
50	for a minor child be shared by both parents unless the court
51	finds that shared parental responsibility would be detrimental
52	to the child. Evidence that a parent has been convicted of a
53	felony of the third degree or higher involving domestic
54	violence, as defined in s. 741.28 and chapter 775, or meets the
55	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
56	detriment to the child. If the presumption is not rebutted,
57	shared parental responsibility, including visitation, residence
58	of the child, and decisions made regarding the child, may not be
59	granted to the convicted parent. However, the convicted parent
60	is not relieved of any obligation to provide financial support.
61	If the court determines that shared parental responsibility
62	would be detrimental to the child, it may order sole parental
63	responsibility and make such arrangements for visitation as will
64	best protect the child or abused spouse from further harm.
65	Whether or not there is a conviction of any offense of domestic
66	violence or child abuse or the existence of an injunction for
67	protection against domestic violence, the court shall consider
68	evidence of domestic violence or child abuse as evidence of
69	detriment to the child.
70	a. In ordering shared parental responsibility, the court
71	may consider the expressed desires of the parents and may grant
72	to one party the ultimate responsibility over specific aspects
73	of the child's welfare or may divide those responsibilities
74	between the parties based on the best interests of the child.
75	Areas of responsibility may include primary residence,
76	education, medical and dental care, and any other
77	responsibilities that the court finds unique to a particular
78	family.
79	b. The court shall order "sole parental responsibility,
80	with or without visitation rights, to the other parent when it
81	is in the best interests of" the minor child.
82	c. The court may award the grandparents visitation rights
83	with a minor child if it is in the child's best interest.
84	Grandparents have legal standing to seek judicial enforcement of
85	such an award. This section does not require that grandparents
86	be made parties or given notice of dissolution pleadings or
87	proceedings, nor do grandparents have legal standing as
88	"contestants" as defined in s. 61.1306. A court may not order
89	that a child be kept within the state or jurisdiction of the
90	court solely for the purpose of permitting visitation by the
91	grandparents.
92	3. Access to records and information pertaining to a minor
93	child, including, but not limited to, medical, dental, and
94	school records, may not be denied to a parent because the parent
95	is not the child's primary residential parent. Full rights under
96	this subparagraph apply to either parent unless a court order
97	specifically revokes these rights, including any restrictions on
98	these rights as provided in a domestic violence injunction. A
99	parent having rights under this subparagraph has the same rights
100	upon request as to form, substance, and manner of access as are
101	available to the other parent of a child, including, without
102	limitation, the right to in-person communication with medical,
103	dental, and education providers.
104
105	Reviser's note.--Amended to delete a provision that
106	has served its purpose. Section 61.1306 was repealed
107	by s. 7, ch. 2002-65, Laws of Florida.
108
109	Section 3. Subsection (1) of section 83.03, Florida
110	Statutes, is amended to read:
111	83.03 Termination of tenancy at will; length of notice.--A
112	tenancy at will may be terminated by either party giving notice
113	as follows:
114	(1) Where the tenancy is from year to year, by giving not
115	less than 3 months' notice prior to the end ofany annual
116	period;
117
118	Reviser's note.--Amended to improve clarity.
119
120	Section 4. Subsection (1) of section 211.31, Florida
121	Statutes, is amended to read:
122	211.31 Levy of tax on severance of certain solid minerals;
123	rate, basis, and distribution of tax.--
124	(1) There is hereby levied, to be collected as provided
125	herein, an excise tax upon every person engaging in the business
126	of severing solid minerals, except phosphate rock and heavy
127	minerals, from the soils and waters of this state for commercial
128	use. Such tax shall be 5 percent of the value at the point of
129	severance of the identifiable solid minerals severed through
130	June 30, 1995. Beginning July 1, 1995, such tax shall be 6
131	percent of the value at the point of severance of the
132	identifiable solid minerals severed. Beginning July 1, 1996,
133	such tax shall be 7 percent of the value at the point of
134	severance of the identifiable solid minerals severed. Beginning
135	July 1, 1997, and thereafter,Such tax shall be 8 percent of the
136	value at the point of severance of the identifiable solid
137	minerals severed.
138	(a) The proceeds of the tax imposed by this section shall
139	be paid into the State Treasury through June 30, 1994, as
140	follows:
141	1. Fifty percent to the credit of the General Revenue Fund
142	of the state; and
143	2. Fifty percent to the credit of the Land Reclamation
144	Trust Fund established for refunds under the provisions of s.
145	211.32.
146
147	Moneys paid into the Land Reclamation Trust Fund through June
148	30, 1994, shall remain available in that fund for refunds in
149	accordance with the provisions of s. 211.32 until those moneys
150	have been so depleted. Lands mined through June 30, 1994, shall
151	remain eligible for such refunds. The Land Reclamation Trust
152	Fund is abolished on July 1, 1999.
153	(b) Beginning July 1, 1994, the proceeds of the tax
154	imposed by this section shall be paid into the State Treasury as
155	follows:
156	1. Fifty percent to the credit of the General Revenue Fund
157	of the state; and
158	2. Fifty percent to the credit of the Minerals Trust Fund.
159	(c) Beginning July 1, 1995,The proceeds of the tax
160	imposed by this section shall be paid into the State Treasury as
161	follows:
162	(a)1.Thirty-two percent to the credit of the General
163	Revenue Fund of the state; and
164	(b)2.Sixty-eight percent to the credit of the Minerals
165	Trust Fund.
166
167	Reviser's note.--Amended to improve clarity and delete
168	obsolete language.
169
170	Section 5. Section 288.1222, Florida Statutes, is amended
171	to read:
172	288.1222 Definitions.--For the purposes of ss. 288.017,
173	288.122-288.1226288.121-288.1226, and 288.124, the term:
174	(1) "Tourism promotion" means any marketing efforts
175	exercised to attract domestic and international visitors from
176	outside the state to destinations in Florida and to stimulate
177	Florida resident tourism to areas within the state.
178	(2) "Tourist" means any person who participates in trade
179	or recreation activities outside the county of his or her
180	permanent residence or who rents or leases transient living
181	quarters or accommodations as described in s. 125.0104(3)(a).
182	(3) "Commission" means the Florida Commission on Tourism.
183	(4) "County destination marketing organization" means a
184	public or private agency that is funded by local option tourist
185	development tax revenues under s. 125.0104, or local option
186	convention development tax revenues under s. 212.0305, and is
187	officially designated by a county commission to market and
188	promote the area for tourism or convention business or, in any
189	county which has not levied such taxes, a public or private
190	agency that is officially designated by the county commission to
191	market and promote the area for tourism or convention business.
192	(5) "Direct-support organization" means the Florida
193	Tourism Industry Marketing Corporation.
194
195	Reviser's note.--Amended to delete a reference to s.
196	288.121, which was repealed by s. 154, ch. 96-320,
197	Laws of Florida.
198
199	Section 6. Section 350.115, Florida Statutes, is amended
200	to read:
201	350.115 Uniform systems and classifications of
202	accounts.--The commission may prescribe by rule uniform systems
203	and classifications of accounts for each type of regulated
204	company and approve or establish adequate, fair, and reasonable
205	depreciation rates and charges. The commission shall use any
206	such uniform system and classification of accounts that may be
207	established by the Interstate Commerce Commission for railroads.
208
209	Reviser's note.--Amended to delete an obsolete
210	provision.
211
212	Section 7. Section 408.0015, Florida Statutes, is
213	repealed.
214
215	Reviser's note.--Section 408.0015, which provided a
216	short title for ss. 408.0015-408.604, the Health Care
217	Reform Act of 1992, is partially obsolete and has
218	served its purpose. Some of the statutory provisions
219	cited within the short title have been moved to other
220	locations.
221
222	Section 8. This act shall take effect on the 60th day
223	after adjournment sine die of the session of the Legislature in
224	which enacted.