Senate Bill sb0582

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    Florida Senate - 2003        (NP)                       SB 582

    By Senator Lee





    rb07sb-03

  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing ss. 101.011, 101.27, 101.28, 101.29,

  4         101.32, 101.33, 101.35, 101.36, 101.37, 101.38,

  5         101.39, 101.40, 101.445, 101.45, 101.46,

  6         101.47, 101.54, 101.55, 101.56, 110.207,

  7         110.209, 206.9825(2), 253.01(2)(b), 257.17(4),

  8         265.2861(1)(e)2., 318.21(2)(i), 324.202,

  9         339.135(7)(g), 372.107(3), 373.59(1)(b),

10         408.036(3)(s), 443.231, 468.803(4), 504.21,

11         504.22, 504.23, 504.24, 504.25, 504.26, 504.27,

12         504.28, 504.29, 504.31, 504.32, 504.33, 504.34,

13         504.35, 504.36, 624.4075, 624.463, 624.469,

14         713.18(3), and 985.422, F.S., all of which

15         provisions have become inoperative by

16         noncurrent repeal or expiration and, pursuant

17         to s. 11.242(5)(b) and (i), may be omitted from

18         the Florida Statutes 2003 only through a

19         reviser's bill duly enacted by the Legislature;

20         amending ss. 324.201(4) and (5), 627.732(7),

21         and 627.733(7), F.S., to conform to the repeal

22         of s. 324.202, F.S.; and reenacting s.

23         206.9825(1), F.S., to conform to the

24         reenactment and amendment of paragraph (b) of

25         that subsection by s. 10, ch. 2002-218, Laws of

26         Florida.

27  

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

29  

30         Section 1.  Sections 101.011, 101.27, as amended by

31  section 16 of chapter 2002-1, 101.28, 101.29, 101.32, 101.33,

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    Florida Senate - 2003        (NP)                       SB 582
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 1  101.35, 101.36, 101.37, 101.38, 101.39, 101.40, 101.445,

 2  101.45, 101.46, 101.47, 101.54, 101.55, and 101.56, Florida

 3  Statutes, are repealed.

 4  

 5         Reviser's note.--The cited sections, which

 6         relate to ballots and voting machines, were

 7         expressly repealed by s. 33, ch. 2001-40, Laws

 8         of Florida, effective September 2, 2002. Since

 9         the sections were not repealed by a "current

10         session" of the Legislature, they may be

11         omitted from the Florida Statutes 2003 only

12         through a reviser's bill duly enacted by the

13         Legislature. See s. 11.242(5)(b) and (i).

14  

15         Section 2.  Sections 110.207 and 110.209, Florida

16  Statutes, are repealed.

17  

18         Reviser's note.--The cited sections, which

19         relate to the classification and pay plans for

20         career service positions, were expressly

21         repealed by s. 16, ch. 2001-43, Laws of

22         Florida. Since the sections were not repealed

23         by a "current session" of the Legislature, they

24         may be omitted from the Florida Statutes 2003

25         only through a reviser's bill duly enacted by

26         the Legislature. See s. 11.242(5)(b) and (i).

27  

28         Section 3.  Subsection (2) of section 206.9825, Florida

29  Statutes, is repealed and subsection (1) of that section is

30  reenacted to read:

31         206.9825  Aviation fuel tax.--

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    Florida Senate - 2003        (NP)                       SB 582
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 1         (1)(a)  Except as otherwise provided in this part, an

 2  excise tax of 6.9 cents per gallon of aviation fuel is imposed

 3  upon every gallon of aviation fuel sold in this state, or

 4  brought into this state for use, upon which such tax has not

 5  been paid or the payment thereof has not been lawfully assumed

 6  by some person handling the same in this state. Fuel taxed

 7  pursuant to this part shall not be subject to the taxes

 8  imposed by ss. 206.41(1)(d), (e), and (f) and 206.87(1)(b),

 9  (c), and (d).

10         (b)  Any licensed wholesaler or terminal supplier that

11  delivers aviation fuel to an air carrier offering

12  transcontinental jet service and that, after January 1, 1996,

13  increases the air carrier's Florida workforce by more than

14  1000 percent and by 250 or more full-time equivalent employee

15  positions, may receive a credit or refund as the ultimate

16  vendor of the aviation fuel for the 6.9 cents excise tax

17  previously paid, provided that the air carrier has no facility

18  for fueling highway vehicles from the tank in which the

19  aviation fuel is stored.  In calculating the new or additional

20  Florida full-time equivalent employee positions, any full-time

21  equivalent employee positions of parent or subsidiary

22  corporations which existed before January 1, 1996, shall not

23  be counted toward reaching the Florida employment increase

24  thresholds.  The refund allowed under this paragraph is in

25  furtherance of the goals and policies of the State

26  Comprehensive Plan set forth in s. 187.201(17)(a), (b)1., 2.,

27  (18)(a), (b)1., 4., (20)(a), (b)5., (22)(a), (b)1., 2., 4.,

28  7., 9., and 12.

29         (c)  If, before July 1, 2001, the number of full-time

30  equivalent employee positions created or added to the air

31  carrier's Florida workforce falls below 250, the exemption

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    Florida Senate - 2003        (NP)                       SB 582
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 1  granted pursuant to this section shall not apply during the

 2  period in which the air carrier has fewer than the 250

 3  additional employees.

 4         (d)  The exemption taken by credit or refund pursuant

 5  to paragraph (b) shall apply only under the terms and

 6  conditions set forth therein.  If any part of that paragraph

 7  is judicially declared to be unconstitutional or invalid, the

 8  validity of any provisions taxing aviation fuel shall not be

 9  affected and all fuel exempted pursuant to paragraph (b) shall

10  be subject to tax as if the exemption was never enacted.

11  Every person benefiting from such exemption shall be liable

12  for and make payment of all taxes for which a credit or refund

13  was granted.

14  

15         Reviser's note.--Subsection (1) is reenacted to

16         confirm the continued existence of paragraphs

17         (b)-(d) of that subsection. Paragraph (1)(b)

18         expired pursuant to its own terms effective

19         July 1, 2001; it was included in s. 5, ch.

20         2002-2, Laws of Florida, a reviser's bill, to

21         confirm that expiration. Paragraphs (1)(c) and

22         (d), which were tied to paragraph (1)(b), were

23         also repealed by s. 5, ch. 2002-2, to conform

24         to the expiration of paragraph (1)(b). Section

25         10, ch. 2002-218, Laws of Florida, reenacted

26         and amended paragraph (1)(b), indicating a

27         substantive intent to continue the paragraph.

28         In view of the substantive reenactment and

29         amendment, subsection (1) is reenacted,

30         including paragraphs (b)-(d), to conform to the

31         intent of s. 10, ch. 2002-218. Subsection (2),

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 1         which relates to air carriers making a

 2         specified election, expired pursuant to its own

 3         terms effective July 1, 2000; that repeal was

 4         confirmed by s. 5, ch. 2002-2. However, the

 5         reenactment and amendment of paragraph (1)(b)

 6         by s. 10, ch. 2002-218, raised an issue as to

 7         legislative intent regarding subsection (2),

 8         which relates to paragraph (1)(b). Legislative

 9         confirmation of the intent to repeal subsection

10         (2) is needed in light of any possible effect

11         or intent by s. 10, ch. 2002-218.

12  

13         Section 4.  Paragraph (b) of subsection (2) of section

14  253.01, Florida Statutes, is repealed.

15  

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

17         provides that, for the 2001-2002 fiscal year

18         only, the use of funds allocated to the

19         Internal Improvement Trust Fund shall be as

20         provided in the General Appropriations Act,

21         expired pursuant to its own terms, effective

22         July 1, 2002.

23  

24         Section 5.  Subsection (4) of section 257.17, Florida

25  Statutes, is repealed.

26  

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

28         relates to annual operating grants for

29         municipal library operation and maintenance if

30         specified conditions are met, expired pursuant

31         to its own terms, effective July 1, 2002.

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 1         Section 6.  Subparagraph 2. of paragraph (e) of

 2  subsection (1) of section 265.2861, Florida Statutes, as

 3  amended by section 930 of chapter 2002-387, Laws of Florida,

 4  is repealed.

 5  

 6         Reviser's note.--The cited subparagraph, which

 7         provides that subparagraph (1)(e)1., relating

 8         to state-owned cultural facilities, is not

 9         applicable for fiscal year 2001-2002, expired

10         pursuant to its own terms, effective July 1,

11         2002.

12  

13         Section 7.  Paragraph (i) of subsection (2) of section

14  318.21, Florida Statutes, is repealed.

15  

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

17         relates to specified funding for fiscal year

18         2001-2002 only, expired pursuant to its own

19         terms, effective July 1, 2002.

20  

21         Section 8.  Subsections (4) and (5) of section 324.201,

22  Florida Statutes, are amended to read:

23         324.201  Return of license or registration to

24  department.--

25         (4)  All information obtained by the department

26  regarding compliance with the provisions of this chapter shall

27  be made available to all law enforcement agencies, and

28  recovery agents or recovery agencies authorized under s.

29  324.202 to seize license plates, for the purpose of enforcing

30  this chapter. Law enforcement agencies and recovery agents or

31  recovery agencies may utilize that information to seize the

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    Florida Senate - 2003        (NP)                       SB 582
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 1  license plate of any motor vehicle which has a suspended

 2  registration as a result of noncompliance by the operator or

 3  owner of the motor vehicle under the provisions of this

 4  chapter.

 5         (5)  When a recovery agent or recovery agency obtains a

 6  seized license plate in accordance with this chapter, the

 7  license plate shall be delivered to a driver license office on

 8  the next business day.

 9  

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

11         repeal of s. 324.202, providing for the seizure

12         of motor vehicle license plates by recovery

13         agents, effective July 1, 2002.

14  

15         Section 9.  Section 324.202, Florida Statutes, is

16  repealed.

17  

18         Reviser's note.--The cited section, which

19         relates to a program using recovery agents for

20         seizure of motor vehicle license plates,

21         expired pursuant to its own terms, effective

22         July 1, 2002.

23  

24         Section 10.  Paragraph (g) of subsection (7) of section

25  339.135, Florida Statutes, is repealed.

26  

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

28         provides that, for the 2001-2002 fiscal year

29         only, the Department of Transportation's

30         adopted work program shall be adjusted to

31         include projects approved as economic stimulus

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    Florida Senate - 2003        (NP)                       SB 582
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 1         projects resulting from additional

 2         appropriations made by chapter 2001-367, Laws

 3         of Florida, expired pursuant to its own terms,

 4         effective July 1, 2002.

 5  

 6         Section 11.  Subsection (3) of section 372.107, Florida

 7  Statutes, is repealed.

 8  

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

10         provides for the termination of the Federal Law

11         Enforcement Trust Fund within the Fish and

12         Wildlife Conservation Commission pursuant to s.

13         19(f)(2), Art. III of the State Constitution,

14         effective July 1, 2002, was repealed by s. 2,

15         ch. 2001-33, Laws of Florida, effective July 1,

16         2002. Since the subsection was not repealed by

17         a "current session" of the Legislature, it may

18         be omitted from the Florida Statutes 2003 only

19         through a reviser's bill duly enacted by the

20         Legislature. See s. 11.242(5)(b) and (i).

21  

22         Section 12.  Paragraph (b) of subsection (1) of section

23  373.59, Florida Statutes, is repealed.

24  

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

26         requires that, for the 2001-2002 fiscal year

27         only, the use of funds allocated to the Water

28         Management Lands Trust Fund shall be as

29         provided in the General Appropriations Act,

30         expired pursuant to its own terms, effective

31         July 1, 2002.

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 1         Section 13.  Paragraph (s) of subsection (3) of section

 2  408.036, Florida Statutes, is repealed.

 3  

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

 5         relates to an exemption from review for the

 6         transfer by a health care system of existing

 7         services and not more than 100 licensed and

 8         approved beds from a hospital in district 1,

 9         subdistrict 1, to another location within the

10         same subdistrict for specified purposes for

11         fiscal year 2001-2002 only, expired pursuant to

12         its own terms, effective July 1, 2002.

13  

14         Section 14.  Section 443.231, Florida Statutes, is

15  repealed.

16  

17         Reviser's note.--Section 443.231 provides for

18         the Florida Training Investment Program. The

19         program terminated June 30, 2002, pursuant to

20         s. 443.231(8), in effect a repeal of the

21         section by its own terms.

22  

23         Section 15.  Subsection (4) of section 468.803, Florida

24  Statutes, is repealed.

25  

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

27         relates to alternate requirements for licensure

28         as an orthotist, prosthetist, or

29         prosthetist-orthotist, expired pursuant to its

30         own terms, effective July 1, 2002.

31  

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 1         Section 16.  Sections 504.21, 504.22, 504.23, 504.24,

 2  504.25, 504.26, 504.27, 504.28, 504.29, 504.31, 504.32,

 3  504.33, 504.34, 504.35, and 504.36, Florida Statutes, are

 4  repealed.

 5  

 6         Reviser's note.--The cited sections, which

 7         relate to organic farming and food, were

 8         expressly repealed by s. 17, ch. 2001-279, Laws

 9         of Florida, effective December 31, 2002. Since

10         the sections were not repealed by a "current

11         session" of the Legislature, they may be

12         omitted from the Florida Statutes 2003 only

13         through a reviser's bill duly enacted by the

14         Legislature. See s. 11.242(5)(b) and (i).

15  

16         Section 17.  Sections 624.4075, Florida Statutes, as

17  amended by section 2 of chapter 92-29, Laws of Florida;

18  624.463, Florida Statutes, as amended by section 82 of chapter

19  93-415, Laws of Florida; and 624.469, Florida Statutes, as

20  amended by section 13 of chapter 95-211, Laws of Florida, are

21  repealed.

22  

23         Reviser's note.--The cited sections were

24         repealed effective October 1, 2001, by s. 188,

25         ch. 91-108, Laws of Florida, and legislative

26         review pursuant to s. 11.61 was required.

27         Section 4(1), ch. 91-429, Laws of Florida,

28         repealed s. 11.61. Section 4(2)(i) provides

29         that a lengthy list of provisions subject to

30         October 1, 2001, repeal pursuant to s. 11.61

31  

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 1         are not repealed. The list failed to include

 2         ss. 624.4075, 624.463, and 624.469.

 3  

 4         Section 18.  Subsection (7) of section 627.732, Florida

 5  Statutes, is amended to read:

 6         627.732  Definitions.--As used in ss. 627.730-627.7405,

 7  the term:

 8         (7)  "Recovery agent" means any person or agency who is

 9  licensed as a recovery agent or recovery agency and authorized

10  under s. 324.202 to seize license plates.

11  

12         Reviser's note.--The definition of "recovery

13         agent" is deleted to conform to the repeal of

14         s. 324.202, providing for the seizure of motor

15         vehicle license plates by recovery agents,

16         effective July 1, 2002.

17  

18         Section 19.  Subsection (7) of section 627.733, Florida

19  Statutes, is amended to read:

20         627.733  Required security.--

21         (7)  Any operator or owner whose driver's license or

22  registration has been suspended pursuant to this section or s.

23  316.646 may effect its reinstatement upon compliance with the

24  requirements of this section and upon payment to the

25  Department of Highway Safety and Motor Vehicles of a

26  nonrefundable reinstatement fee of $150 for the first

27  reinstatement.  Such reinstatement fee shall be $250 for the

28  second reinstatement and $500 for each subsequent

29  reinstatement during the 3 years following the first

30  reinstatement. Any person reinstating her or his insurance

31  under this subsection must also secure noncancelable coverage

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 1  as described in s. 627.7275(2) and present to the appropriate

 2  person proof that the coverage is in force on a form

 3  promulgated by the Department of Highway Safety and Motor

 4  Vehicles, such proof to be maintained for 2 years.  If the

 5  person does not have a second reinstatement within 3 years

 6  after her or his initial reinstatement, the reinstatement fee

 7  shall be $150 for the first reinstatement after that 3-year

 8  period. In the event that a person's license and registration

 9  are suspended pursuant to this section or s. 316.646, only one

10  reinstatement fee shall be paid to reinstate the license and

11  the registration. All fees shall be collected by the

12  Department of Highway Safety and Motor Vehicles at the time of

13  reinstatement.  The Department of Highway Safety and Motor

14  Vehicles shall issue proper receipts for such fees and shall

15  promptly deposit those fees in the Highway Safety Operating

16  Trust Fund. One-third of the fee collected under this

17  subsection shall be distributed from the Highway Safety

18  Operating Trust Fund to the local government entity or state

19  agency which employed the law enforcement officer or the

20  recovery agent who seizes a license plate pursuant to s.

21  324.201 or to s. 324.202. Such funds may be used by the local

22  government entity or state agency for any authorized purpose.

23  

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

25         repeal of s. 324.202, providing for the seizure

26         of motor vehicle license plates by recovery

27         agents, effective July 1, 2002.

28  

29         Section 20.  Subsection (3) of section 713.18, Florida

30  Statutes, is repealed.

31  

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

 2         relates to facsimile transmission of service of

 3         notices or copies thereof relating to certain

 4         liens, was repealed by s. 12, ch. 2001-211,

 5         Laws of Florida, effective July 1, 2002. Since

 6         the subsection was not repealed by a "current

 7         session" of the Legislature, it may be omitted

 8         from the Florida Statutes 2003 only through a

 9         reviser's bill duly enacted by the Legislature.

10         See s. 11.242(5)(b) and (i).

11  

12         Section 21.  Section 985.422, Florida Statutes, is

13  repealed.

14  

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

16         relates to maintenance of state-owned juvenile

17         justice facilities, expired pursuant to its own

18         terms, effective July 1, 2002.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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