HB 1065

A reviser's bill to be entitled

An act relating to the Florida Statutes; amending ss.

11.40, 28.2401, 101.049, 110.205, 112.061, 117.05,

121.021, 121.051, 163.01, 163.3167, 163.524, 192.0105,

206.02, 206.9825, 220.187, 265.285, 287.057, 288.1045,

288.31, 315.031, 316.1937, 320.02, 322.051, 322.08,

322.09, 322.18, 332.004, 341.301, 369.255, 370.01,

372.001, 373.0421, 373.45922, 381.06014, 391.029,

393.0657, 394.741, 394.9082, 394.917, 400.0075, 402.3057,

403.7192, 404.20, 409.017, 409.1671, 409.1757, 409.904,

409.9065, 409.908, 409.91196, 409.912, 409.9122, 414.095,

440.02, 440.102, 440.14, 440.15, 440.25, 440.33, 440.385,

440.45, 440.491, 440.515, 440.60, 443.1215, 455.2125,

456.028, 456.048, 456.051, 458.320, 458.347, 459.0085,

475.01, 475.278, 475.611, 475.6221, 487.046, 493.6106,

499.01, 499.0121, 499.0122, 499.015, 499.03, 499.05,

504.011, 504.014, 517.021, 538.18, 552.40, 565.02, 601.48,

607.1331, 607.1407, 624.123, 624.307, 624.430, 624.461,

624.462, 624.509, 626.175, 626.371, 626.731, 626.7315,

626.7351, 626.7355, 626.7845, 626.785, 626.8305, 626.831,

626.8414, 626.865, 626.866, 626.867, 626.874, 626.9916,

627.351, 627.733, 627.736, 627.832, 628.6012, 628.6013,

631.57, 631.60, 636.0145, 636.029, 636.052, 641.21,

641.225, 641.31, 641.386, 648.34, 648.355, 648.45,

651.013, 657.001, 657.002, 657.021, 657.026, 657.031,

657.039, 657.066, 657.068, 679.338, 679.520, 732.2025,

741.04, 766.102, 766.203, 766.206, 766.209, 787.03,

790.061, 817.566, 817.567, 895.02, 921.0024, 943.171,

985.203, 1003.52, 1007.27, 1009.29, 1011.60, 1012.56,

1013.74, and 1013.79, F.S.; amending and reenacting s.

921.0022, F.S.; reenacting ss. 112.191, 220.191, 259.032,

296.10, and 499.007, F.S.; and repealing s. 414.70, F.S.;

pursuant to s. 11.242, F.S.; deleting provisions that have

expired, have become obsolete, have had their effect, have

served their purpose, or have been impliedly repealed or

superseded; replacing incorrect cross references and

citations; correcting grammatical, typographical, and like

errors; removing inconsistencies, redundancies, and

unnecessary repetition in the statutes; improving the

clarity of the statutes and facilitating their correct

interpretation; and confirming the restoration of

provisions unintentionally omitted from republication in

the acts of the Legislature during the amendatory process;

providing effective dates.

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

Section 1. Paragraph (c) of subsection (5) of section

11.40, Florida Statutes, is amended to read:

11.40 Legislative Auditing Committee.--

(5) Following notification by the Auditor General, the

Department of Financial Services, or the Division of Bond

Finance of the State Board of Administration of the failure of a

local governmental entity, district school board, charter

school, or charter technical career center to comply with the

applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or

s. 218.38, the Legislative Auditing Committee may schedule a

hearing. If a hearing is scheduled, the committee shall

determine if the entity should be subject to further state

action. If the committee determines that the entity should be

subject to further state action, the committee shall:

career center, notify the appropriate sponsoring entity, which

may terminate the charter pursuant to ss. 1002.33 and 1002.34

~~228.056 and 228.505~~.

Reviser's note.--Amended to reincorporate the changes

made to conform this section to the revised Florida K-

20 Education Code by s. 879, ch. 2002-387, Laws of

Florida. The amendment to this section by s. 5, ch.

2003-261, Laws of Florida, had failed to incorporate

those changes.

Section 2. Effective July 1, 2004, paragraph (a) of

subsection (1) and subsection (4) of section 28.2401, Florida

Statutes, as amended by section 29 of chapter 2003-402, Laws of

Florida, are amended to read:

28.2401 Service charges in probate matters.--

(1) Except when otherwise provided, the clerk may impose

service charges for the following services, not to exceed the

following amounts:

(a) For the opening of any estate of one document or more,

including, but not limited to, petitions and orders to approve

settlement of minor's claims; to open a safe-deposit box; to

enter rooms and places; for the determination of heirs, if not

formal administration; and for a foreign guardian to manage

property of a nonresident; but not to include issuance of

letters or order of summary administration....$100

(4) Recording shall be required for all petitions opening

and closing an estate; petitions regarding real estate; and

orders, letters, bonds, oaths, wills, proofs of wills, returns,

and such other papers as the judge shall deem advisable to

record or that shall be required to be recorded under the

Florida Probate Code ~~Law~~.

Reviser's note.--Paragraph (1)(a) is amended to

improve clarity and facilitate correct interpretation.

Subsection (4) is amended to conform to the repeal of

the provisions encompassing the Florida Probate Law by

100

s. 3, ch. 74-106, Laws of Florida, and creation of the

101

Florida Probate Code by ch. 74-106.

102

103

Section 3. Subsection (1) of section 101.049, Florida

104

Statutes, is amended to read:

105

101.049 Provisional ballots; special circumstances.--

106

(1) Any person who votes in an election after the regular

107

poll-closing time pursuant to a court or other order extending

108

the statutory polling hours must vote a provisional ballot. Once

109

voted, the provisional ballot shall be placed in a secrecy

110

envelope and thereafter sealed in a provisional ballot envelope.

111

The election official witnessing the voter's subscription and

112

affirmation on the Provisional Ballot Voter's Certificate shall

113

indicate whether or not the voter met all requirements to vote a

114

regular ballot at the polls. All such provisional ballots shall

115

remain sealed in their envelopes and be transmitted to the

116

supervisor of elections.

117

118

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

119

facilitate correct interpretation.

120

121

Section 4. Paragraph (m) of subsection (2) of section

122

110.205, Florida Statutes, is amended to read:

123

110.205 Career service; exemptions.--

124

(2) EXEMPT POSITIONS.--The exempt positions that are not

125

covered by this part include the following:

126

(m) All assistant division director, deputy division

127

director, and bureau chief positions in any department, and

128

those positions determined by the department to have managerial

129

responsibilities comparable to such positions, which positions

130

include, but are not limited to:

131

1. Positions in the Department of Health and the

132

Department of Children and Family Services that are assigned

133

primary duties of serving as the superintendent or assistant

134

superintendent of an institution.

135

2. Positions in the Department of Corrections that are

136

assigned primary duties of serving as the warden, assistant

137

warden, colonel, or major of an institution or that are assigned

138

primary duties of serving as the circuit administrator or deputy

139

circuit administrator.

140

3. Positions in the Department of Transportation that are

141

assigned primary duties of serving as regional toll managers and

142

managers of offices as defined in s. 20.23(3)(c) and (4)(c)

143

~~20.23(3)(c) and (4)(d)~~, and captains and majors of the Office of

144

Motor Carrier Compliance.

145

4. Positions in the Department of Environmental Protection

146

that are assigned the duty of an Environmental Administrator or

147

program administrator.

148

5. Positions in the Department of Health that are assigned

149

the duties of Environmental Administrator, Assistant County

150

Health Department Director, and County Health Department

151

Financial Administrator.

152

153

Unless otherwise fixed by law, the department shall set the

154

salary and benefits of the positions listed in this paragraph in

155

accordance with the rules established for the Selected Exempt

156

Service.

157

158

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

159

redesignation of subunits within s. 20.23 by s. 5, ch.

160

2003-286, Laws of Florida.

161

162

Section 5. Paragraph (b) of subsection (14) of section

163

112.061, Florida Statutes, is amended to read:

164

112.061 Per diem and travel expenses of public officers,

165

employees, and authorized persons.--

166

(14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT

167

SCHOOL BOARDS, AND SPECIAL DISTRICTS.--

168

(b) Rates established pursuant to paragraph (a) ~~(15)(a)~~

169

must apply uniformly to all travel by the county, county

170

constitutional officer and entity governed by that officer,

171

district school board, or special district.

172

173

Reviser's note.--Amended to conform to the context of

174

the reference and the fact that there is no subsection

175

(15).

176

177

Section 6. Paragraph (g) of subsection (2) of section

178

112.191, Florida Statutes, is reenacted to read:

179

112.191 Firefighters; death benefits.--

180

(2)

181

(g)1. Any employer who employs a full-time firefighter

182

who, on or after January 1, 1995, suffers a catastrophic injury,

183

as defined in s. 440.02, Florida Statutes 2002, in the line of

184

duty shall pay the entire premium of the employer's health

185

insurance plan for the injured employee, the injured employee's

186

spouse, and for each dependent child of the injured employee

187

until the child reaches the age of majority or until the end of

188

the calendar year in which the child reaches the age of 25 if

189

the child continues to be dependent for support, or the child is

190

a full-time or part-time student and is dependent for support.

191

The term "health insurance plan" does not include supplemental

192

benefits that are not part of the basic group health insurance

193

plan. If the injured employee subsequently dies, the employer

194

shall continue to pay the entire health insurance premium for

195

the surviving spouse until remarried, and for the dependent

196

children, under the conditions outlined in this paragraph.

197

However:

198

a. Health insurance benefits payable from any other source

199

shall reduce benefits payable under this section.

200

b. It is unlawful for a person to willfully and knowingly

201

make, or cause to be made, or to assist, conspire with, or urge

202

another to make, or cause to be made, any false, fraudulent, or

203

misleading oral or written statement to obtain health insurance

204

coverage as provided under this paragraph. A person who

205

violates this sub-subparagraph commits a misdemeanor of the

206

first degree, punishable as provided in s. 775.082 or s.

207

775.083.

208

c. In addition to any applicable criminal penalty, upon

209

conviction for a violation as described in sub-subparagraph b.,

210

a firefighter or other beneficiary who receives or seeks to

211

receive health insurance benefits under this paragraph shall

212

forfeit the right to receive such health insurance benefits, and

213

shall reimburse the employer for all benefits paid due to the

214

fraud or other prohibited activity. For purposes of this sub-

215

subparagraph, "conviction" means a determination of guilt that

216

is the result of a plea or trial, regardless of whether

217

adjudication is withheld.

218

2. In order for the firefighter, spouse, and dependent

219

children to be eligible for such insurance coverage, the injury

220

must have occurred as the result of the firefighter's response

221

to what is reasonably believed to be an emergency involving the

222

protection of life or property, or an unlawful act perpetrated

223

by another. Except as otherwise provided herein, nothing in

224

this paragraph shall be construed to limit health insurance

225

coverage for which the firefighter, spouse, or dependent

226

children may otherwise be eligible, except that a person who

227

qualifies for benefits under this section shall not be eligible

228

for the health insurance subsidy provided under chapter 121,

229

chapter 175, or chapter 185.

230

231

Notwithstanding any provision of this section to the contrary,

232

the death benefits provided in paragraphs (b), (c), and (f)

233

shall also be applicable and paid in cases where a firefighter

234

received bodily injury prior to July 1, 1993, and subsequently

235

died on or after July 1, 1993, as a result of such in-line-of-

236

duty injury.

237

238

Reviser's note.--Section 47, ch. 2003-412, Laws of

239

Florida, amended paragraph (2)(g) without publishing

240

the flush left language at the end of the paragraph.

241

Absent affirmative evidence of legislative intent to

242

repeal it, paragraph (2)(g) is reenacted here to

243

confirm that the omission was not intended.

244

245

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

246

117.05, Florida Statutes, is amended to read:

247

117.05 Use of notary commission; unlawful use; notary fee;

248

seal; duties; employer liability; name change; advertising;

249

photocopies; penalties.--

250

(5) A notary public may not notarize a signature on a

251

document unless he or she personally knows, or has satisfactory

252

evidence, that the person whose signature is to be notarized is

253

the individual who is described in and who is executing the

254

instrument. A notary public shall certify in the certificate of

255

acknowledgment or jurat the type of identification, either based

256

on personal knowledge or other form of identification, upon

257

which the notary public is relying.

258

(b) For the purposes of this subsection, "satisfactory

259

evidence" means the absence of any information, evidence, or

260

other circumstances which would lead a reasonable person to

261

believe that the person whose signature is to be notarized is

262

not the person he or she claims to be and any one of the

263

following:

264

1. The sworn written statement of one credible witness

265

personally known to the notary public or the sworn written

266

statement of two credible witnesses whose identities are proven

267

to the notary public upon the presentation of satisfactory

268

evidence that each of the following is true:

269

a. That the person whose signature is to be notarized is

270

the person named in the document;

271

b. That the person whose signature is to be notarized is

272

personally known to the witnesses;

273

c. That it is the reasonable belief of the witnesses that

274

the circumstances of the person whose signature is to be

275

notarized are such that it would be very difficult or impossible

276

for that person to obtain another acceptable form of

277

identification;

278

d. That it is the reasonable belief of the witnesses that

279

the person whose signature is to be notarized does not possess

280

any of the identification documents specified in subparagraph

281

2.; and

282

e. That the witnesses do not have a financial interest in

283

nor are parties to the underlying transaction; or

284

2. Reasonable reliance on the presentation to the notary

285

public of any one of the following forms of identification, if

286

the document is current or has been issued within the past 5

287

years and bears a serial or other identifying number:

288

a. A Florida identification card or driver's license

289

issued by the public agency authorized to issue driver's

290

licenses;

291

b. A passport issued by the Department of State of the

292

United States;

293

c. A passport issued by a foreign government if the

294

document is stamped by the United States Bureau of Citizenship

295

and Immigration Services ~~Immigration and Naturalization Service~~;

296

d. A driver's license or an identification card issued by

297

a public agency authorized to issue driver's licenses in a state

298

other than Florida, a territory of the United States, or Canada

299

or Mexico;

300

e. An identification card issued by any branch of the

301

armed forces of the United States;

302

f. An inmate identification card issued on or after

303

January 1, 1991, by the Florida Department of Corrections for an

304

inmate who is in the custody of the department;

305

g. An inmate identification card issued by the United

306

States Department of Justice, Bureau of Prisons, for an inmate

307

who is in the custody of the department;

308

h. A sworn, written statement from a sworn law enforcement

309

officer that the forms of identification for an inmate in an

310

institution of confinement were confiscated upon confinement and

311

that the person named in the document is the person whose

312

signature is to be notarized; or

313

i. An identification card issued by the United States

314

Bureau of Citizenship and Immigration Services ~~Immigration and~~

315

~~Naturalization Service~~.

316

317

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

318

redesignation of the Immigration and Naturalization

319

Service pursuant to its transfer to the Department of

320

Homeland Security by s. 451, Pub. L. No. 107-296.

321

322

Section 8. Paragraph (a) of subsection (22) and subsection

323

(38) of section 121.021, Florida Statutes, are amended to read:

324

121.021 Definitions.--The following words and phrases as

325

used in this chapter have the respective meanings set forth

326

unless a different meaning is plainly required by the context:

327

(22) "Compensation" means the monthly salary paid a member

328

by his or her employer for work performed arising from that

329

employment.

330

(a) Compensation shall include:

331

1. Overtime payments paid from a salary fund.

332

2. Accumulated annual leave payments.

333

3. Payments in addition to the employee's base rate of pay

334

if all the following apply:

335

a. The payments are paid according to a formal written

336

policy that applies to all eligible employees equally;

337

b. The policy provides that payments shall commence no

338

later than the 11th year of employment;

339

c. The payments are paid for as long as the employee

340

continues his or her employment; and

341

d. The payments are paid at least annually.

342

4. Amounts withheld for tax sheltered annuities or

343

deferred compensation programs, or any other type of salary

344

reduction plan authorized under the Internal Revenue Code.

345

5. Payments made in lieu of a permanent increase in the

346

base rate of pay, whether made annually or in 12 or 26 equal

347

payments within a 12-month period, when the member's base pay is

348

at the maximum of his or her pay range. When a portion of a

349

member's annual increase raises his or her pay range and the

350

excess is paid as a lump sum payment, such lump sum payment

351

shall be compensation for retirement purposes.

352

6. Effective July 1, 2002, salary supplements made

353

pursuant to s. 1012.72 ~~ss. 231.700 and 236.08106~~ requiring a

354

valid National Board for Professional Standards certificate or

355

~~equivalent status as provided in s. 1012.73(3)(e)5.~~,

356

notwithstanding the provisions of subparagraph 3.

357

(38) "Continuous service" means creditable service as a

358

member, beginning with the first day of employment with an

359

employer covered under a state-administered retirement system

360

consolidated herein and continuing for as long as the member

361

remains in an employer-employee relationship with an employer

362

covered under this chapter. An absence of 1 calendar month or

363

more from an employer's payroll shall be considered a break in

364

continuous service, except for periods of absence during which

365

an employer-employee relationship continues to exist and such

366

period of absence is creditable under this chapter or under one

367

of the existing systems consolidated herein. However, a law

368

enforcement officer as defined in s. 121.0515(2)(a) who was a

369

member of a state-administered retirement system under chapter

370

122 or chapter 321 and who resigned and was subsequently

371

reemployed in a law enforcement position within 12 calendar

372

months of such resignation by an employer under such state-

373

administered retirement system shall be deemed to have not

374

experienced a break in service. Further, with respect to a

375

state-employed law enforcement officer who meets the criteria

376

specified in s. 121.0515(2)(a), if the absence from the

377

employer's payroll is the result of a "layoff" as defined in s.

378

110.107 ~~110.203(24)~~ or a resignation to run for an elected

379

office that meets the criteria specified in s. 121.0515(2)(a),

380

no break in continuous service shall be deemed to have occurred

381

if the member is reemployed as a state law enforcement officer

382

or is elected to an office which meets the criteria specified in

383

s. 121.0515(2)(a) within 12 calendar months after the date of

384

the layoff or resignation, notwithstanding the fact that such

385

period of layoff or resignation is not creditable service under

386

this chapter. A withdrawal of contributions will constitute a

387

break in service. Continuous service also includes past service

388

purchased under this chapter, provided such service is

389

continuous within this definition and the rules established by

390

the administrator. The administrator may establish

391

administrative rules and procedures for applying this definition

392

to creditable service authorized under this chapter. Any

393

correctional officer, as defined in s. 943.10, whose

394

participation in the state-administered retirement system is

395

terminated due to the transfer of a county detention facility

396

through a contractual agreement with a private entity pursuant

397

to s. 951.062, shall be deemed an employee with continuous

398

service in the Special Risk Class, provided return to employment

399

with the former employer takes place within 3 years due to

400

contract termination or the officer is employed by a covered

401

employer in a special risk position within 1 year after his or

402

her initial termination of employment by such transfer of its

403

detention facilities to the private entity.

404

405

Reviser's note.--Paragraph (22)(a) is amended to

406

conform to the replacement of ss. 231.700 and

407

236.08106 by ss. 1012.73 and 1012.72, respectively, in

408

the revised Florida K-20 Education Code and the

409

subsequent repeal of s. 1012.73 by s. 23, ch. 2003-

410

391, Laws of Florida. Subsection (38) is amended to

411

conform to the repeal of s. 110.203(24) by s. 19, ch.

412

2003-138, Laws of Florida, and the enactment of s.

413

110.107, which also defines the term "layoff," by s.

414

3, ch. 2003-138.

415

416

Section 9. Paragraph (c) of subsection (2) of section

417

121.051, Florida Statutes, is amended to read:

418

121.051 Participation in the system.--

419

(2) OPTIONAL PARTICIPATION.--

420

421

technical career centers sponsored by public community colleges,

422

as designated in s. 1000.21(3), who are members of the Regular

423

Class of the Florida Retirement System and who comply with the

424

criteria set forth in this paragraph and in s. 1012.875 may

425

elect, in lieu of participating in the Florida Retirement

426

System, to withdraw from the Florida Retirement System

427

altogether and participate in an optional retirement program

428

provided by the employing agency under s. 1012.875, to be known

429

as the State Community College System Optional Retirement

430

Program. Pursuant thereto:

431

1. Through June 30, 2001, the cost to the employer for

432

such annuity shall equal the normal cost portion of the employer

433

retirement contribution which would be required if the employee

434

were a member of the Regular Class defined benefit program, plus

435

the portion of the contribution rate required by s. 112.363(8)

436

that would otherwise be assigned to the Retiree Health Insurance

437

Subsidy Trust Fund. Effective July 1, 2001, each employer shall

438

contribute on behalf of each participant in the optional program

439

an amount equal to 10.43 percent of the participant's gross

440

monthly compensation. The employer shall deduct an amount to

441

provide for the administration of the optional retirement

442

program. The employer providing the optional program shall

443

contribute an additional amount to the Florida Retirement System

444

Trust Fund equal to the unfunded actuarial accrued liability

445

portion of the Regular Class contribution rate.

446

2. The decision to participate in such an optional

447

retirement program shall be irrevocable for as long as the

448

employee holds a position eligible for participation, except as

449

provided in subparagraph 3. Any service creditable under the

450

Florida Retirement System shall be retained after the member

451

withdraws from the Florida Retirement System; however,

452

additional service credit in the Florida Retirement System shall

453

not be earned while a member of the optional retirement program.

454

3. An employee who has elected to participate in the

455

optional retirement program shall have one opportunity, at the

456

employee's discretion, to choose to transfer from the optional

457

retirement program to the defined benefit program of the Florida

458

Retirement System or to the Public Employee Optional Retirement

459

Program, subject to the terms of the applicable optional

460

retirement program contracts.

461

a. If the employee chooses to move to the Public Employee

462

Optional Retirement Program, any contributions, interest, and

463

earnings creditable to the employee under the State Community

464

College System Optional Retirement Program shall be retained by

465

the employee in the State Community College System Optional

466

Retirement Program, and the applicable provisions of s.

467

121.4501(4) shall govern the election.

468

b. If the employee chooses to move to the defined benefit

469

program of the Florida Retirement System, the employee shall

470

receive service credit equal to his or her years of service

471

under the State Community College Optional Retirement Program.

472

(I) The cost for such credit shall be an amount

473

representing the present value of that employee's accumulated

474

benefit obligation for the affected period of service. The cost

475

shall be calculated as if the benefit commencement occurs on the

476

first date the employee would become eligible for unreduced

477

benefits, using the discount rate and other relevant actuarial

478

assumptions that were used to value the Florida Retirement

479

System defined benefit plan liabilities in the most recent

480

actuarial valuation. The calculation shall include any service

481

already maintained under the defined benefit plan in addition to

482

the years under the State Community College Optional Retirement

483

Program. The present value of any service already maintained

484

under the defined benefit plan shall be applied as a credit to

485

total cost resulting from the calculation. The division shall

486

ensure that the transfer sum is prepared using a formula and

487

methodology certified by an enrolled actuary.

488

(II) The employee must transfer from his or her State

489

Community College System Optional Retirement Program account and

490

from other employee moneys as necessary, a sum representing the

491

present value of that employee's accumulated benefit obligation

492

immediately following the time of such movement, determined

493

assuming that attained service equals the sum of service in the

494

defined benefit program and service in the State Community

495

College System Optional Retirement Program.

496

4. Participation in the optional retirement program shall

497

be limited to those employees who satisfy the following

498

eligibility criteria:

499

a. The employee must be otherwise eligible for membership

500

in the Regular Class of the Florida Retirement System, as

501

provided in s. 121.021(11) and (12).

502

b. The employee must be employed in a full-time position

503

classified in the Accounting Manual for Florida's Public

504

Community Colleges as:

505

(I) Instructional; or

506

(II) Executive Management, Instructional Management, or

507

Institutional Management, if a community college determines that

508

recruiting to fill a vacancy in the position is to be conducted

509

in the national or regional market, and:

510

(A) The duties and responsibilities of the position

511

include either the formulation, interpretation, or

512

implementation of policies; or

513

(B) The duties and responsibilities of the position

514

include the performance of functions that are unique or

515

specialized within higher education and that frequently involve

516

the support of the mission of the community college.

517

c. The employee must be employed in a position not

518

included in the Senior Management Service Class of the Florida

519

Retirement System, as described in s. 121.055.

520

5. Participants in the program are subject to the same

521

reemployment limitations, renewed membership provisions, and

522

forfeiture provisions as are applicable to regular members of

523

the Florida Retirement System under ss. 121.091(9), 121.122, and

524

121.091(5), respectively.

525

6. Eligible community college employees shall be

526

compulsory members of the Florida Retirement System until,

527

pursuant to the procedures set forth in s. 1012.875, a written

528

election to withdraw from the Florida Retirement System and to

529

participate in the State Community College Optional Retirement

530

Program is filed with the program administrator and received by

531

the division.

532

a. Any community college employee whose program

533

eligibility results from initial employment shall be enrolled in

534

the State Community College Optional Retirement Program

535

retroactive to the first day of eligible employment. The

536

employer retirement contributions paid through the month of the

537

employee plan change shall be transferred to the community

538

college for the employee's optional program account, and,

539

effective the first day of the next month, the employer shall

540

pay the applicable contributions based upon subparagraph 1.

541

b. Any community college employee whose program

542

eligibility results from a change in status due to the

543

subsequent designation of the employee's position as one of

544

those specified in subparagraph 4. or due to the employee's

545

appointment, promotion, transfer, or reclassification to a

546

position specified in subparagraph 4. shall be enrolled in the

547

program upon the first day of the first full calendar month that

548

such change in status becomes effective. The employer retirement

549

contributions paid from the effective date through the month of

550

the employee plan change shall be transferred to the community

551

college for the employee's optional program account, and,

552

effective the first day of the next month, the employer shall

553

pay the applicable contributions based upon subparagraph 1.

554

7. Effective July 1, 2003, any participant of the State

555

Community College Optional Retirement Program who has service

556

credit in the defined benefit plan of the Florida Retirement

557

System for the period between his or her first eligibility to

558

transfer from the defined benefit plan to the optional

559

retirement program and the actual date of transfer may, during

560

his or her ~~their~~ employment, elect to transfer to the optional

561

retirement program a sum representing the present value of the

562

accumulated benefit obligation under the defined benefit

563

retirement program for such period of service credit. Upon such

564

transfer, all such service credit previously earned under the

565

defined benefit program of the Florida Retirement System during

566

this period shall be nullified for purposes of entitlement to a

567

future benefit under the defined benefit program of the Florida

568

Retirement System.

569

570

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

571

correct sentence construction.

572

573

Section 10. Paragraph (h) of subsection (3) of section

574

163.01, Florida Statutes, is amended to read:

575

163.01 Florida Interlocal Cooperation Act of 1969.--

576

(3) As used in this section:

577

(h) "Local government liability pool" means a reciprocal

578

insurer as defined in s. 629.021 or any self-insurance program

579

created pursuant to s. 768.28(16) ~~768.28(15)~~, formed and

580

controlled by counties or municipalities of this state to

581

provide liability insurance coverage for counties,

582

municipalities, or other public agencies of this state, which

583

pool may contract with other parties for the purpose of

584

providing claims administration, processing, accounting, and

585

other administrative facilities.

586

587

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

588

redesignation of s. 768.28(15) as s. 768.28(16) by s.

589

67, ch. 2003-416, Laws of Florida.

590

591

Section 11. Subsection (10) of section 163.3167, Florida

592

Statutes, is amended to read:

593

163.3167 Scope of act.--

594

(10) Nothing in this part shall supersede any provision of

595

ss. 341.8201-341.842 ~~341.321-341.386~~.

596

597

Reviser's note.--Amended to conform to the repeal of

598

ss. 341.321-341.386, the Florida High-Speed Rail

599

Transportation Act, by s. 55, ch. 2002-20, Laws of

600

Florida, and the creation of ss. 341.8201-341.842, the

601

Florida High-Speed Rail Authority Act, by ch. 2002-20.

602

603

Section 12. Subsection (3) of section 163.524, Florida

604

Statutes, is amended to read:

605

163.524 Neighborhood Preservation and Enhancement Program;

606

participation; creation of Neighborhood Preservation and

607

Enhancement Districts; creation of Neighborhood Councils and

608

Neighborhood Enhancement Plans.--

609

(3) After the boundaries and size of the Neighborhood

610

Preservation and Enhancement District have been defined, the

611

local government shall pass an ordinance authorizing the

612

creation of the Neighborhood Preservation and Enhancement

613

District. The ordinance shall contain a finding that the

614

boundaries of the Neighborhood Preservation and Enhancement

615

District meet the provisions of s. 163.340(7) or (8)(a)-(n)

616

~~163.340(7) or (8)(a)~~ or do not contain properties that are

617

protected by deed restrictions. Such ordinance may be amended

618

or repealed in the same manner as other local ordinances.

619

620

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

621

redesignation of subunits of s. 163.340 by s. 2, ch.

622

2002-294, Laws of Florida.

623

624

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

625

192.0105, Florida Statutes, is amended to read:

626

192.0105 Taxpayer rights.--There is created a Florida

627

Taxpayer's Bill of Rights for property taxes and assessments to

628

guarantee that the rights, privacy, and property of the

629

taxpayers of this state are adequately safeguarded and protected

630

during tax levy, assessment, collection, and enforcement

631

processes administered under the revenue laws of this state. The

632

Taxpayer's Bill of Rights compiles, in one document, brief but

633

comprehensive statements that summarize the rights and

634

obligations of the property appraisers, tax collectors, clerks

635

of the court, local governing boards, the Department of Revenue,

636

and taxpayers. Additional rights afforded to payors of taxes and

637

assessments imposed under the revenue laws of this state are

638

provided in s. 213.015. The rights afforded taxpayers to assure

639

that their privacy and property are safeguarded and protected

640

during tax levy, assessment, and collection are available only

641

insofar as they are implemented in other parts of the Florida

642

Statutes or rules of the Department of Revenue. The rights so

643

guaranteed to state taxpayers in the Florida Statutes and the

644

departmental rules include:

645

(1) THE RIGHT TO KNOW.--

646

(a) The right to be mailed notice of proposed property

647

taxes and proposed or adopted non-ad valorem assessments (see

648

ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and 200.069).

649

The notice must also inform the taxpayer that the final tax bill

650

may contain additional non-ad valorem assessments (see s.

651

200.069(10) ~~200.069(11)~~).

652

653

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

654

redesignation of subsections of s. 200.069 by s. 7,

655

ch. 2002-18, Laws of Florida.

656

657

Section 14. Paragraph (c) of subsection (2) of section

658

206.02, Florida Statutes, is amended to read:

659

206.02 Application for license; temporary license;

660

terminal suppliers, importers, exporters, blenders, biodiesel

661

manufacturers, and wholesalers.--

662

(2) To procure a terminal supplier license, a person shall

663

file with the department an application under oath, and in such

664

form as the department may prescribe, setting forth:

665

666

or the names and addresses of the partners, if such person is a

667

partnership, or of the principal officers, if such person is a

668

corporation or association; and, if such person is a corporation

669

organized under the laws of another state, territory, or

670

country, he or she shall also indicate the state, territory, or

671

country ~~county~~ where the corporation is organized and the date

672

the corporation was registered with the Department of State as a

673

foreign corporation authorized to transact business in the

674

state.

675

676

The application shall require a $30 license tax. Each license

677

shall be renewed annually through application, including an

678

annual $30 license tax.

679

680

Reviser's note.--Amended to provide consistent

681

terminology within the paragraph.

682

683

Section 15. Paragraph (b) of subsection (1) and subsection

684

(3) of section 206.9825, Florida Statutes, are amended to read:

685

206.9825 Aviation fuel tax.--

686

(1)

687

(b) Any licensed wholesaler or terminal supplier that

688

delivers aviation fuel to an air carrier offering

689

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

690

increases the air carrier's Florida workforce by more than 1000

691

percent and by 250 or more full-time equivalent employee

692

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

693

of the aviation fuel for the 6.9 cents excise tax previously

694

paid, provided that the air carrier has no facility for fueling

695

highway vehicles from the tank in which the aviation fuel is

696

stored. In calculating the new or additional Florida full-time

697

equivalent employee positions, any full-time equivalent employee

698

positions of parent or subsidiary corporations which existed

699

before January 1, 1996, shall not be counted toward reaching the

700

Florida employment increase thresholds. The refund allowed

701

under this paragraph is in furtherance of the goals and policies

702

of the State Comprehensive Plan set forth in s. 187.201(16)(a),

703

(b)1., 2., (17)(a), (b)1., 4., (19)(a), (b)5., (21)(a), (b)1.,

704

2., 4., 7., 9., and 12. ~~187.201(17)(a), (b)1., 2., (18)(a),~~

705

~~(b)1., 4., (20)(a), (b)5., (22)(a), (b)1., 2., 4., 7., 9., and~~

706

~~12.~~

707

(3) An excise tax of 6.9 cents per gallon is imposed on

708

each gallon of aviation gasoline in the manner prescribed by

709

paragraph (2)(a) ~~(3)(a)~~. However, the exemptions allowed by

710

paragraph (2)(b) ~~(3)(b)~~ do not apply to aviation gasoline.

711

712

Reviser's note.--Paragraph (1)(b) is amended to

713

conform to the repeal of former s. 187.201(1) by s.

714

1056, ch. 2002-387, Laws of Florida. Subsection (3) is

715

amended to conform to the repeal of former subsection

716

(2) by s. 3, ch. 2003-2, Laws of Florida.

717

718

Section 16. Paragraph (c) of subsection (2) of section

719

220.187, Florida Statutes, is amended to read:

720

220.187 Credits for contributions to nonprofit

721

scholarship-funding organizations.--

722

(2) DEFINITIONS.--As used in this section, the term:

723

724

located in Florida that offers an education to students in any

725

grades K-12 and that meets the requirements in subsection

726

(6)~~(5)~~.

727

728

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

729

redesignation of subunits of s. 220.187 by s. 9, ch.

730

2003-391, Laws of Florida.

731

732

Section 17. Section 220.191, Florida Statutes, is

733

reenacted to read:

734

220.191 Capital investment tax credit.--

735

(1) DEFINITIONS.--For purposes of this section:

736

(a) "Commencement of operations" means the beginning of

737

active operations by a qualifying business of the principal

738

function for which a qualifying project was constructed.

739

(b) "Cumulative capital investment" means the total

740

capital investment in land, buildings, and equipment made in

741

connection with a qualifying project during the period from the

742

beginning of construction of the project to the commencement of

743

operations.

744

745

by a qualifying business in connection with the acquisition,

746

construction, installation, and equipping of a qualifying

747

project during the period from the beginning of construction of

748

the project to the commencement of operations, including, but

749

not limited to:

750

1. The costs of acquiring, constructing, installing,

751

equipping, and financing a qualifying project, including all

752

obligations incurred for labor and obligations to contractors,

753

subcontractors, builders, and materialmen.

754

2. The costs of acquiring land or rights to land and any

755

cost incidental thereto, including recording fees.

756

3. The costs of architectural and engineering services,

757

including test borings, surveys, estimates, plans and

758

specifications, preliminary investigations, environmental

759

mitigation, and supervision of construction, as well as the

760

performance of all duties required by or consequent to the

761

acquisition, construction, installation, and equipping of a

762

qualifying project.

763

4. The costs associated with the installation of fixtures

764

and equipment; surveys, including archaeological and

765

environmental surveys; site tests and inspections; subsurface

766

site work and excavation; removal of structures, roadways, and

767

other surface obstructions; filling, grading, paving, and

768

provisions for drainage, storm water retention, and installation

769

of utilities, including water, sewer, sewage treatment, gas,

770

electricity, communications, and similar facilities; and offsite

771

construction of utility extensions to the boundaries of the

772

property.

773

774

Eligible capital costs shall not include the cost of any

775

property previously owned or leased by the qualifying business.

776

(d) "Income generated by or arising out of the qualifying

777

project" means the qualifying project's annual taxable income as

778

determined by generally accepted accounting principles and under

779

s. 220.13.

780

(e) "Jobs" means full-time equivalent positions, as that

781

term is consistent with terms used by the Agency for Workforce

782

Innovation and the United States Department of Labor for

783

purposes of unemployment tax administration and employment

784

estimation, resulting directly from a project in this state. The

785

term does not include temporary construction jobs involved in

786

the construction of the project facility.

787

(f) "Office" means the Office of Tourism, Trade, and

788

Economic Development.

789

(g) "Qualifying business" means a business which

790

establishes a qualifying project in this state and which is

791

certified by the office to receive tax credits pursuant to this

792

section.

793

(h) "Qualifying project" means:

794

1. A new or expanding facility in this state which creates

795

at least 100 new jobs in this state and is in one of the high-

796

impact sectors identified by Enterprise Florida, Inc., and

797

certified by the office pursuant to s. 288.108(6), including,

798

but not limited to, aviation, aerospace, automotive, and silicon

799

technology industries; or

800

2. A new financial services facility in this state, which

801

creates at least 2,000 new jobs in this state, pays an average

802

annual wage of at least $50,000, and makes a cumulative capital

803

investment of at least $30 million. This subparagraph is

804

repealed June 30, 2004.

805

(2) An annual credit against the tax imposed by this

806

chapter shall be granted to any qualifying business in an amount

807

equal to 5 percent of the eligible capital costs generated by a

808

qualifying project, for a period not to exceed 20 years

809

beginning with the commencement of operations of the project.

810

The tax credit shall be granted against only the corporate

811

income tax liability or the premium tax liability generated by

812

or arising out of the qualifying project, and the sum of all tax

813

credits provided pursuant to this section shall not exceed 100

814

percent of the eligible capital costs of the project. In no

815

event may any credit granted under this section be carried

816

forward or backward by any qualifying business with respect to a

817

subsequent or prior year. The annual tax credit granted under

818

this section shall not exceed the following percentages of the

819

annual corporate income tax liability or the premium tax

820

liability generated by or arising out of a qualifying project:

821

(a) One hundred percent for a qualifying project which

822

results in a cumulative capital investment of at least $100

823

million.

824

(b) Seventy-five percent for a qualifying project which

825

results in a cumulative capital investment of at least $50

826

million but less than $100 million.

827

828

in a cumulative capital investment of at least $25 million but

829

less than $50 million.

830

831

A qualifying project which results in a cumulative capital

832

investment of less than $25 million is not eligible for the

833

capital investment tax credit. An insurance company claiming a

834

credit against premium tax liability under this program shall

835

not be required to pay any additional retaliatory tax levied

836

pursuant to s. 624.5091 as a result of claiming such credit.

837

Because credits under this section are available to an insurance

838

company, s. 624.5091 does not limit such credit in any manner.

839

(3) Prior to receiving tax credits pursuant to this

840

section, a qualifying business must achieve and maintain the

841

minimum employment goals beginning with the commencement of

842

operations at a qualifying project and continuing each year

843

thereafter during which tax credits are available pursuant to

844

this section.

845

(4) The office, upon a recommendation by Enterprise

846

Florida, Inc., shall first certify a business as eligible to

847

receive tax credits pursuant to this section prior to the

848

commencement of operations of a qualifying project, and such

849

certification shall be transmitted to the Department of Revenue.

850

Upon receipt of the certification, the Department of Revenue

851

shall enter into a written agreement with the qualifying

852

business specifying, at a minimum, the method by which income

853

generated by or arising out of the qualifying project will be

854

determined.

855

(5) The office, in consultation with Enterprise Florida,

856

Inc., is authorized to develop the necessary guidelines and

857

application materials for the certification process described in

858

subsection (4).

859

(6) It shall be the responsibility of the qualifying

860

business to affirmatively demonstrate to the satisfaction of the

861

Department of Revenue that such business meets the job creation

862

and capital investment requirements of this section.

863

(7) The Department of Revenue may specify by rule the

864

methods by which a project's pro forma annual taxable income is

865

determined.

866

867

Reviser's note.--Section 1, ch. 2003-270, Laws of

868

Florida, purported to amend s. 220.191, but did not

869

publish paragraphs (1)(a)-(g) and subsections (2)-(7).

870

Absent affirmative evidence that the Legislature

871

intended to repeal the material, the section is

872

reenacted to confirm that the omission was not

873

intended.

874

875

Section 18. Subsection (10) of section 259.032, Florida

876

Statutes, is reenacted to read:

877

259.032 Conservation and Recreation Lands Trust Fund;

878

purpose.--

879

(10)(a) State, regional, or local governmental agencies or

880

private entities designated to manage lands under this section

881

shall develop and adopt, with the approval of the board of

882

trustees, an individual management plan for each project

883

designed to conserve and protect such lands and their associated

884

natural resources. Private sector involvement in management plan

885

development may be used to expedite the planning process.

886

(b) Individual management plans required by s. 253.034(5),

887

for parcels over 160 acres, shall be developed with input from

888

an advisory group. Members of this advisory group shall include,

889

at a minimum, representatives of the lead land managing agency,

890

comanaging entities, local private property owners, the

891

appropriate soil and water conservation district, a local

892

conservation organization, and a local elected official. The

893

advisory group shall conduct at least one public hearing within

894

the county in which the parcel or project is located. For those

895

parcels or projects that are within more than one county, at

896

least one areawide public hearing shall be acceptable and the

897

lead managing agency shall invite a local elected official from

898

each county. The areawide public hearing shall be held in the

899

county in which the core parcels are located. Notice of such

900

public hearing shall be posted on the parcel or project

901

designated for management, advertised in a paper of general

902

circulation, and announced at a scheduled meeting of the local

903

governing body before the actual public hearing. The management

904

prospectus required pursuant to paragraph (9)(d) shall be

905

available to the public for a period of 30 days prior to the

906

public hearing.

907

908

shall update the plan at least every 10 years in a form and

909

manner prescribed by rule of the board of trustees. Such

910

updates, for parcels over 160 acres, shall be developed with

911

input from an advisory group. Such plans may include transfers

912

of leasehold interests to appropriate conservation organizations

913

or governmental entities designated by the Land Acquisition and

914

Management Advisory Council or its successor, for uses

915

consistent with the purposes of the organizations and the

916

protection, preservation, conservation, restoration, and proper

917

management of the lands and their resources. Volunteer

918

management assistance is encouraged, including, but not limited

919

to, assistance by youths participating in programs sponsored by

920

state or local agencies, by volunteers sponsored by

921

environmental or civic organizations, and by individuals

922

participating in programs for committed delinquents and adults.

923

(d) For each project for which lands are acquired after

924

July 1, 1995, an individual management plan shall be adopted and

925

in place no later than 1 year after the essential parcel or

926

parcels identified in the annual Conservation and Recreation

927

Lands report prepared pursuant to s. 259.035(2)(a) have been

928

acquired. Beginning in fiscal year 1998-1999, the Department of

929

Environmental Protection shall distribute only 75 percent of the

930

acquisition funds to which a budget entity or water management

931

district would otherwise be entitled from the Preservation 2000

932

Trust Fund to any budget entity or any water management district

933

that has more than one-third of its management plans overdue.

934

(e) Individual management plans shall conform to the

935

appropriate policies and guidelines of the state land management

936

plan and shall include, but not be limited to:

937

1. A statement of the purpose for which the lands were

938

acquired, the projected use or uses as defined in s. 253.034,

939

and the statutory authority for such use or uses.

940

2. Key management activities necessary to preserve and

941

protect natural resources and restore habitat, and for

942

controlling the spread of nonnative plants and animals, and for

943

prescribed fire and other appropriate resource management

944

activities.

945

3. A specific description of how the managing agency plans

946

to identify, locate, protect, and preserve, or otherwise use

947

fragile, nonrenewable natural and cultural resources.

948

4. A priority schedule for conducting management

949

activities, based on the purposes for which the lands were

950

acquired.

951

5. A cost estimate for conducting priority management

952

activities, to include recommendations for cost-effective

953

methods of accomplishing those activities.

954

6. A cost estimate for conducting other management

955

activities which would enhance the natural resource value or

956

public recreation value for which the lands were acquired. The

957

cost estimate shall include recommendations for cost-effective

958

methods of accomplishing those activities.

959

7. A determination of the public uses and public access

960

that would be consistent with the purposes for which the lands

961

were acquired.

962

(f) The Division of State Lands shall submit a copy of

963

each individual management plan for parcels which exceed 160

964

acres in size to each member of the Land Acquisition and

965

Management Advisory Council or its successor, which shall:

966

1. Within 60 days after receiving a plan from the

967

division, review each plan for compliance with the requirements

968

of this subsection and with the requirements of the rules

969

established by the board pursuant to this subsection.

970

2. Consider the propriety of the recommendations of the

971

managing agency with regard to the future use or protection of

972

the property.

973

3. After its review, submit the plan, along with its

974

recommendations and comments, to the board of trustees, with

975

recommendations as to whether to approve the plan as submitted,

976

approve the plan with modifications, or reject the plan.

977

(g) The board of trustees shall consider the individual

978

management plan submitted by each state agency and the

979

recommendations of the Land Acquisition and Management Advisory

980

Council, or its successor, and the Division of State Lands and

981

shall approve the plan with or without modification or reject

982

such plan. The use or possession of any lands owned by the board

983

of trustees which is not in accordance with an approved

984

individual management plan is subject to termination by the

985

board of trustees.

986

987

By July 1 of each year, each governmental agency and each

988

private entity designated to manage lands shall report to the

989

Secretary of Environmental Protection on the progress of

990

funding, staffing, and resource management of every project for

991

which the agency or entity is responsible.

992

993

Reviser's note.--Section 6, ch. 2003-394, Laws of

994

Florida, amended paragraph (10)(c) without publishing

995

the flush left paragraph at the end of the subsection.

996

Absent affirmative evidence of legislative intent to

997

repeal the flush left material at the end of

998

subsection (10), subsection (10) is reenacted to

999

confirm that the omission was not intended.

1000

1001

Section 19. Paragraph (a) of subsection (1) of section

1002

265.285, Florida Statutes, is amended to read:

1003

265.285 Florida Arts Council; membership, duties.--

1004

(1)(a) The Florida Arts Council is created in the

1005

department as an advisory body, as defined in s. 20.03(7), to

1006

consist of 15 members. Seven members shall be appointed by the

1007

Governor, four members shall be appointed by the President of

1008

the Senate, and four members shall be appointed by the Speaker

1009

of the House of Representatives. The appointments, to be made in

1010

consultation with the Secretary of State, shall recognize the

1011

need for geographical representation. Council members appointed

1012

by the Governor shall be appointed for 4-year terms. Council

1013

members appointed by the President of the Senate and the Speaker

1014

of the House of Representatives shall be appointed for 2-year

1015

terms. Council members serving on July 1, 2002, may serve the

1016

remainder of their respective terms. New appointments to the

1017

council shall not be made until the retirement, resignation,

1018

removal, or expiration of the terms of the initial members

1019

results in fewer than 15 members remaining. As vacancies occur,

1020

the first appointment to the council shall be made by the

1021

Governor. The President of the Senate, the Speaker of the House

1022

of Representatives, and the Governor, respectively, shall then

1023

alternate appointments until the council ~~commission~~ is composed

1024

as required herein. No member of the council who serves two 4-

1025

year terms or two 2-year terms will be eligible for

1026

reappointment during a 1-year period following the expiration of

1027

the member's second term. A member whose term has expired shall

1028

continue to serve on the council until such time as a

1029

replacement is appointed. Any vacancy on the council shall be

1030

filled for the remainder of the unexpired term in the same

1031

manner as for the original appointment. Members should have a

1032

substantial history of community service in the performing or

1033

visual arts, which includes, but is not limited to, theatre,

1034

dance, folk arts, music, architecture, photography, and

1035

literature. In addition, it is desirable that members have

1036

successfully served on boards of cultural institutions such as

1037

museums and performing arts centers or are recognized as patrons

1038

of the arts.

1039

1040

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

1041

to the arts council elsewhere in the section.

1042

1043

Section 20. Paragraph (f) of subsection (5) of section

1044

287.057, Florida Statutes, is amended to read:

1045

287.057 Procurement of commodities or contractual

1046

services.--

1047

(5) When the purchase price of commodities or contractual

1048

services exceeds the threshold amount provided in s. 287.017 for

1049

CATEGORY TWO, no purchase of commodities or contractual services

1050

may be made without receiving competitive sealed bids,

1051

competitive sealed proposals, or competitive sealed replies

1052

unless:

1053

(f) The following contractual services and commodities are

1054

not subject to the competitive-solicitation requirements of this

1055

section:

1056

1. Artistic services.

1057

2. Academic program reviews.

1058

3. Lectures by individuals.

1059

4. Auditing services.

1060

5. Legal services, including attorney, paralegal, expert

1061

witness, appraisal, or mediator services.

1062

6. Health services involving examination, diagnosis,

1063

treatment, prevention, medical consultation, or administration.

1064

7. Services provided to persons with mental or physical

1065

disabilities by not-for-profit corporations which have obtained

1066

exemptions under the provisions of s. 501(c)(3) of the United

1067

States Internal Revenue Code or when such services are governed

1068

by the provisions of Office of Management and Budget Circular A-

1069

122. However, in acquiring such services, the agency shall

1070

consider the ability of the vendor, past performance,

1071

willingness to meet time requirements, and price.

1072

8. Medicaid services delivered to an eligible Medicaid

1073

recipient by a health care provider who has not previously

1074

applied for and received a Medicaid provider number from the

1075

Agency for Health Care Administration. However, this exception

1076

shall be valid for a period not to exceed 90 days after the date

1077

of delivery to the Medicaid recipient and shall not be renewed

1078

by the agency.

1079

9. Family placement services.

1080

10. Prevention services related to mental health,

1081

including drug abuse prevention programs, child abuse prevention

1082

programs, and shelters for runaways, operated by not-for-profit

1083

corporations. However, in acquiring such services, the agency

1084

shall consider the ability of the vendor, past performance,

1085

willingness to meet time requirements, and price.

1086

11. Training and education services provided to injured

1087

employees pursuant to s. 440.491(6) ~~440.49(1)~~.

1088

12. Contracts entered into pursuant to s. 337.11.

1089

13. Services or commodities provided by governmental

1090

agencies.

1091

1092

Reviser's note.--Amended to conform to the repeal of

1093

s. 440.49(1), relating to rehabilitation, by s. 43,

1094

ch. 93-415, Laws of Florida, and the enactment of

1095

similar language in s. 440.491(6) by s. 44, ch. 93-

1096

415.

1097

1098

Section 21. Paragraph (f) of subsection (5) of section

1099

288.1045, Florida Statutes, is amended to read:

1100

288.1045 Qualified defense contractor tax refund

1101

program.--

1102

(5) ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE

1103

CONTRACTOR.--

1104

(f) Upon approval of the tax refund pursuant to paragraphs

1105

1106

for the amount included in the written order. In the event of

1107

any appeal of the written order, the Chief Financial Officer

1108

~~Comptroller~~ may not issue a warrant for a refund to the

1109

qualified applicant until the conclusion of all appeals of the

1110

written order.

1111

1112

Reviser's note.--Amended to conform to the transfer of

1113

the duties of the Comptroller to the Chief Financial

1114

Officer by Revision No. 8, adopted in 1998, amending

1115

s. 4, Art. IV of the State Constitution.

1116

1117

Section 22. Subsection (1) of section 288.31, Florida

1118

Statutes, is amended to read:

1119

288.31 Armories; financing construction authorized.--

1120

(1) The Division of Bond Finance of the State Board of

1121

Administration shall have the power to borrow money and incur

1122

obligations by way of bonds, notes, or revenue certificates and

1123

issue such obligations for the purpose of financing, either in

1124

whole or in part, the construction of armories in such counties

1125

and municipalities as designated by the State Armory Board. The

1126

authority hereby conferred shall empower the said division to

1127

issue such certificates or bonds for the financing of the share

1128

or portion of the cost to be borne by a county or municipality

1129

when required by the provisions of a grant of funds from the

1130

state or the Federal Government or any other source, or to

1131

authorize the borrowing and issuing of obligations for financing

1132

such an armory in its entirety. Bonds, notes, or certificates

1133

issued hereunder shall be issued in conformity to all the

1134

provisions of chapter 215, and the division shall be empowered

1135

to fix the rentals or charges to be collected for the purpose of

1136

the retirement or purchase of said obligations. The division and

1137

the county or municipality shall be empowered to enter into such

1138

lease, or leases, as may be necessary to ensure the providing of

1139

sufficient funds to retire such obligations and when the said

1140

obligations shall have been fully paid, the armory shall be

1141

conveyed to the state. Leases with the county or municipality

1142

under the terms of this section shall provide for the control of

1143

the building and its use to be vested in the military commander

1144

representing the Armory Board in accordance with the provisions

1145

of s. 250.40 ~~250.41~~.

1146

1147

Reviser's note.--Amended to conform to the repeal of

1148

s. 250.41 by s. 55, ch. 2003-68, Laws of Florida, and

1149

the addition of similar material to s. 250.40 by s.

1150

38, ch. 2003-68.

1151

1152

Section 23. Section 296.10, Florida Statutes, is reenacted

1153

to read:

1154

296.10 Residents; contribution to support.--

1155

(1)(a) Each resident of the home who receives a pension,

1156

compensation, or gratuity from the United States Government, or

1157

income from any other source of more than $100 per month, with

1158

adjustments in accordance with paragraph (b), shall contribute

1159

to his or her maintenance and support while a resident of the

1160

home in accordance with a schedule of payment determined by the

1161

administrator and approved by the director. The total amount of

1162

such contributions must be to the fullest extent possible, but

1163

may not exceed the actual cost of operating and maintaining the

1164

home.

1165

(b) Whenever there is an increase in benefit amounts

1166

payable under Title II of the Social Security Act, 42 U.S.C. ss.

1167

401 et seq., as a result of a determination made under s. 215(i)

1168

of such act, 42 U.S.C. s. 415(i), the administrator shall

1169

increase the amount that each resident shall be allowed to

1170

retain. The increased amount will be determined by the

1171

percentage used to increase the benefits under the Social

1172

Security Act, 42 U.S.C. ss. 401 et seq. This first such increase

1173

to residents' personal use funds will take place on January 1,

1174

2004, and shall be continued each ensuing year that there is an

1175

increase in benefits under the said act.

1176

(2) Notwithstanding subsection (1), each resident who

1177

participates in a vocational rehabilitation or work incentive

1178

program shall contribute to his or her support in an amount that

1179

is determined by the administrator and approved by the director,

1180

is computed at 50 percent of the resident's net earnings after

1181

taxes and after the setoff of the first $100 per month, and does

1182

not exceed the cost of care. The resident is required to

1183

authorize the administrator of the home to secure from the

1184

employer sufficient information to verify the resident's

1185

earnings under the program.

1186

(3) The administrator may, if there is room, admit to

1187

residency in the home veterans who have sufficient means for

1188

their own support, but are otherwise eligible to become

1189

residents of the home, on payment of the full cost of their

1190

support, which cost and method of collection shall be fixed by

1191

the administrator.

1192

1193

Reviser's note.--Section 4, ch. 2003-42, Laws of

1194

Florida, purported to amend s. 296.10 in its entirety,

1195

but did not publish subsections (2) and (3). Absent

1196

affirmative evidence of legislative intent to repeal

1197

subsections (2) and (3), the section is reenacted to

1198

confirm that the omission was not intended.

1199

1200

Section 24. Paragraph (e) of subsection (1) of section

1201

315.031, Florida Statutes, is amended to read:

1202

315.031 Promoting and advertising port facilities.--

1203

(1) Each unit is authorized and empowered:

1204

(e) To enter into agreements with the purchaser or

1205

purchasers of port facilities bonds issued under the provisions

1206

of this law to establish a special fund to be set aside from the

1207

proceeds of the revenues collected under the provisions of s.

1208

315.03(14) ~~315.03(13)~~, during any fiscal year, for the

1209

promotional activities authorized herein.

1210

1211

Nothing herein shall be construed to authorize any unit to

1212

expend funds for meals, hospitality, amusement or any other

1213

purpose of an entertainment nature.

1214

1215

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

1216

redesignation of subunits of s. 315.03 by s. 66, ch.

1217

2002-20, Laws of Florida.

1218

1219

Section 25. Paragraph (b) of subsection (5) of section

1220

316.1937, Florida Statutes, is amended to read:

1221

316.1937 Ignition interlock devices, requiring; unlawful

1222

acts.--

1223

(5)

1224

(b) Any person convicted of a violation of subsection (6)

1225

who does not have a driver's license shall, in addition to any

1226

other penalty provided by law, pay a fine of not less than $250

1227

or more than $500 per each such violation. In the event that the

1228

person is unable to pay any such fine, the fine shall become a

1229

lien against the motor vehicle used in violation of subsection

1230

(6) and payment shall be made pursuant to s. 316.3025(5)

1231

~~316.3025(4)~~.

1232

1233

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

1234

redesignation of subunits of s. 316.3025 by s. 12, ch.

1235

2003-286, Laws of Florida.

1236

1237

Section 26. Subsection (9) of section 320.02, Florida

1238

Statutes, is amended to read:

1239

320.02 Registration required; application for

1240

registration; forms.--

1241

(9) Before a motor vehicle which has not been manufactured

1242

in accordance with the federal Clean Air Act and the federal

1243

Motor Vehicle Safety Act can be sold to a consumer and titled

1244

and registered in this state, the motor vehicle must be

1245

certified by the United States Bureau of Customs and Border

1246

Protection ~~Customs Service~~ or the United States Department of

1247

Transportation and the United States Environmental Protection

1248

Agency to be in compliance with these federal standards. A

1249

vehicle which is registered pursuant to this subsection shall

1250

not be titled as a new motor vehicle.

1251

1252

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

1253

redesignation of the United States Customs Service

1254

pursuant to its transfer to the Department of Homeland

1255

Security by s. 403, Pub. L. No. 107-296.

1256

1257

Section 27. Paragraph (a) of subsection (1) and paragraphs

1258

(b) and (c) of subsection (2) of section 322.051, Florida

1259

Statutes, are amended to read:

1260

322.051 Identification cards.--

1261

(1) Any person who is 12 years of age or older, or any

1262

person who has a disability, regardless of age, who applies for

1263

a disabled parking permit under s. 320.0848, may be issued an

1264

identification card by the department upon completion of an

1265

application and payment of an application fee.

1266

(a) Each such application shall include the following

1267

information regarding the applicant:

1268

1. Full name (first, middle or maiden, and last), gender,

1269

social security card number, county of residence and mailing

1270

address, country of birth, and a brief description.

1271

2. Proof of birth date satisfactory to the department.

1272

3. Proof of identity satisfactory to the department. Such

1273

proof must include one of the following documents issued to the

1274

applicant:

1275

a. A driver's license record or identification card record

1276

from another jurisdiction that required the applicant to submit

1277

a document for identification which is substantially similar to

1278

a document required under sub-subparagraph b., sub-subparagraph

1279

c., sub-subparagraph d., sub-subparagraph e., or sub-

1280

subparagraph f.;

1281

b. A certified copy of a United States birth certificate;

1282

c. A valid United States passport;

1283

d. An alien registration receipt card (green card);

1284

e. An employment authorization card issued by the United

1285

States Department of Homeland Security ~~Justice~~; or

1286

f. Proof of nonimmigrant classification provided by the

1287

United States Department of Homeland Security ~~Justice~~, for an

1288

original identification card. In order to prove such

1289

nonimmigrant classification, applicants may produce but are not

1290

limited to the following documents:

1291

(I) A notice of hearing from an immigration court

1292

scheduling a hearing on any proceeding.

1293

(II) A notice from the Board of Immigration Appeals

1294

acknowledging pendency of an appeal.

1295

(III) Notice of the approval of an application for

1296

adjustment of status issued by the United States Bureau of

1297

Citizenship and Immigration Services ~~Immigration and~~

1298

~~Naturalization Service~~.

1299

(IV) Any official documentation confirming the filing of a

1300

petition for asylum status or any other relief issued by the

1301

United States Bureau of Citizenship and Immigration Services

1302

~~Immigration and Naturalization Service~~.

1303

(V) Notice of action transferring any pending matter from

1304

another jurisdiction to Florida, issued by the United States

1305

Bureau of Citizenship and Immigration Services ~~Immigration and~~

1306

~~Naturalization Service~~.

1307

(VI) Order of an immigration judge or immigration officer

1308

granting any relief that authorizes the alien to live and work

1309

in the United States including, but not limited to asylum.

1310

1311

Presentation of any of the foregoing documents shall entitle the

1312

applicant to a driver's license or temporary permit for a period

1313

not to exceed the expiration date of the document presented or 2

1314

years, whichever first occurs.

1315

(2)

1316

(b) Notwithstanding any other provision of this chapter,

1317

if an applicant establishes his or her identity for an

1318

identification card using a document authorized under sub-

1319

subparagraph (1)(a)3.d. ~~(a)3.d.~~, the identification card shall

1320

expire on the fourth birthday of the applicant following the

1321

date of original issue or upon first renewal or duplicate issued

1322

after implementation of this section. After an initial showing

1323

of such documentation, he or she is exempted from having to

1324

renew or obtain a duplicate in person.

1325

1326

if an applicant establishes his or her identity for an

1327

identification card using an identification document authorized

1328

under sub-subparagraphs (1)(a)3.e.-f. ~~(a)3.e.-f.~~, the

1329

identification card shall expire 2 years after the date of

1330

issuance or upon the expiration date cited on the United States

1331

Department of Homeland Security ~~Justice~~ documents, whichever

1332

date first occurs, and may not be renewed or obtain a duplicate

1333

except in person.

1334

1335

Reviser's note.--Paragraphs (1)(a) and (2)(c) are

1336

amended to conform to the redesignation of the

1337

Immigration and Naturalization Service pursuant to its

1338

transfer from the Department of Justice to the

1339

Department of Homeland Security by s. 451, Pub. L. No.

1340

107-296. Paragraphs (2)(b) and (c) are amended to

1341

reference contextually consistent material; the

1342

referenced sub-subparagraphs do not exist.

1343

1344

Section 28. Paragraph (c) of subsection (2) of section

1345

322.08, Florida Statutes, is amended to read:

1346

322.08 Application for license.--

1347

(2) Each such application shall include the following

1348

information regarding the applicant:

1349

1350

proof must include one of the following documents issued to the

1351

applicant:

1352

1. A driver's license record or identification card record

1353

from another jurisdiction that required the applicant to submit

1354

a document for identification which is substantially similar to

1355

a document required under subparagraph 2., subparagraph 3.,

1356

subparagraph 4., subparagraph 5., or subparagraph 6.;

1357

2. A certified copy of a United States birth certificate;

1358

3. A valid United States passport;

1359

4. An alien registration receipt card (green card);

1360

5. An employment authorization card issued by the United

1361

States Department of Homeland Security ~~Justice~~; or

1362

6. Proof of nonimmigrant classification provided by the

1363

United States Department of Homeland Security ~~Justice~~.

1364

1365

Reviser's note.--Amended to conform to the transfer of

1366

the Immigration and Naturalization Service of the

1367

Department of Justice to the Department of Homeland

1368

Security by s. 451, Pub. L. No. 107-296.

1369

1370

Section 29. Paragraph (b) of subsection (1) of section

1371

322.09, Florida Statutes, is amended to read:

1372

322.09 Application of minors; responsibility for

1373

negligence or misconduct of minor.--

1374

(1)

1375

(b) There shall be submitted with each application a

1376

certified copy of a United States birth certificate, a valid

1377

United States passport, an alien registration receipt card

1378

(green card), an employment authorization card issued by the

1379

United States Department of Homeland Security ~~Justice~~, or proof

1380

of nonimmigrant classification provided by the United States

1381

Department of Homeland Security ~~Justice~~, for an original

1382

license.

1383

1384

Reviser's note.--Amended to conform to the transfer of

1385

the Immigration and Naturalization Service of the

1386

Department of Justice to the Department of Homeland

1387

Security by s. 451, Pub. L. No. 107-296.

1388

1389

Section 30. Paragraph (d) of subsection (2) and paragraph

1390

1391

amended to read:

1392

322.18 Original applications, licenses, and renewals;

1393

expiration of licenses; delinquent licenses.--

1394

(2) Each applicant who is entitled to the issuance of a

1395

driver's license, as provided in this section, shall be issued a

1396

driver's license, as follows:

1397

(d) Notwithstanding any other provision of this chapter,

1398

if applicant establishes his or her identity for a driver's

1399

license using a document authorized in s. 322.08(2)(c)5. or 6.,

1400

the driver's license shall expire 4 years after the date of

1401

issuance or upon the expiration date cited on the United States

1402

Department of Homeland Security ~~Justice~~ documents, whichever

1403

date first occurs.

1404

(4)

1405

1406

if a licensee establishes his or her identity for a driver's

1407

license using an identification document authorized under s.

1408

322.08(2)(c)5. or 6., the licensee may not renew the driver's

1409

license except in person and upon submission of an

1410

identification document authorized under s. 322.08(2)(c)4.-6. A

1411

driver's license renewed under this paragraph expires 4 years

1412

after the date of issuance or upon the expiration date cited on

1413

the United States Department of Homeland Security ~~Justice~~

1414

documents, whichever date first occurs.

1415

1416

Reviser's note.--Amended to conform to the transfer of

1417

the Immigration and Naturalization Service of the

1418

Department of Justice to the Department of Homeland

1419

Security by s. 451, Pub. L. No. 107-296.

1420

1421

Section 31. Paragraph (a) of subsection (5) of section

1422

332.004, Florida Statutes, is amended to read:

1423

332.004 Definitions of terms used in ss. 332.003-

1424

332.007.--As used in ss. 332.003-332.007, the term:

1425

(5) "Airport or aviation discretionary capacity

1426

improvement projects" or "discretionary capacity improvement

1427

projects" means capacity improvements which are consistent, to

1428

the maximum extent feasible, with the approved local government

1429

comprehensive plans of the units of local government in which

1430

the airport is located, and which enhance intercontinental

1431

capacity at airports which:

1432

(a) Are international airports with United States Bureau

1433

of Customs and Border Protection ~~Customs Service~~;

1434

1435

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

1436

redesignation of the United States Customs Service

1437

pursuant to its transfer to the Department of Homeland

1438

Security by s. 403, Pub. L. No. 107-296.

1439

1440

Section 32. Subsection (5) of section 341.301, Florida

1441

Statutes, is amended to read:

1442

341.301 Definitions; ss. 341.302 and 341.303.--As used in

1443

ss. 341.302 and 341.303, the term:

1444

(5) "Railroad" or "rail system" means any common carrier

1445

fixed-guideway transportation system such as the conventional

1446

steel rail-supported, steel-wheeled system. The term does not

1447

include a high-speed rail line developed by the Department of

1448

Transportation pursuant to ss. 341.8201-341.842 ~~341.321-341.386~~.

1449

1450

Reviser's note.--Amended to conform to the repeal of

1451

ss. 341.321-341.386, the Florida High-Speed Rail

1452

Transportation Act, by s. 55, ch. 2002-20, Laws of

1453

Florida, and the creation of ss. 341.8201-341.842, the

1454

Florida High-Speed Rail Authority Act, by ss. 28-50,

1455

ch. 2002-20.

1456

1457

Section 33. Subsection (1) of section 369.255, Florida

1458

Statutes, is amended to read:

1459

369.255 Green utility ordinances for funding greenspace

1460

management and exotic plant control.--

1461

(1) LEGISLATIVE FINDING.--The Legislature finds that the

1462

proper management of greenspace areas, including, without

1463

limitation, the urban forest, greenways, private and public

1464

forest preserves, wetlands, and aquatic zones, is essential to

1465

the state's environment and economy and to the health and safety

1466

of its residents and visitors. The Legislature also finds that

1467

the limitation and control of nonindigenous plants and tree

1468

replacement and maintenance are vital to achieving the natural

1469

systems and recreational lands goals and policies of the state

1470

pursuant to s. 187.201(9) ~~187.201(10)~~, the State Comprehensive

1471

Plan. It is the intent of this section to enable local

1472

governments to establish a mechanism to provide dedicated

1473

funding for the aforementioned activities, when deemed necessary

1474

by a county or municipality.

1475

1476

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

1477

redesignation of subunits of s. 187.201 necessitated

1478

by the repeal of s. 187.201(1) by s. 1056, ch. 2002-

1479

387, Laws of Florida.

1480

1481

Section 34. Subsections (17) and (21) of section 370.01,

1482

Florida Statutes, are amended to read:

1483

370.01 Definitions.--In construing these statutes, where

1484

the context does not clearly indicate otherwise, the word,

1485

phrase, or term:

1486

(17) "Nonresident alien" shall mean those individuals from

1487

other nations who can provide documentation from the Bureau of

1488

Citizenship and Immigration Services ~~Immigration and~~

1489

~~Naturalization Service~~ evidencing permanent residency status in

1490

the United States. For the purposes of this chapter, a

1491

"nonresident alien" shall be considered a "nonresident."

1492

(21) "Resident alien" shall mean those persons who have

1493

continuously resided in this state for at least 1 year and 6

1494

months in the county and can provide documentation from the

1495

Bureau of Citizenship and Immigration Services ~~Immigration and~~

1496

~~Naturalization Service~~ evidencing permanent residency status in

1497

the United States. For the purposes of this chapter, a "resident

1498

alien" shall be considered a "resident."

1499

1500

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

1501

redesignation of the Immigration and Naturalization

1502

Service pursuant to its transfer to the Department of

1503

Homeland Security by s. 451, Pub. L. No. 107-296.

1504

1505

Section 35. Subsection (16) of section 372.001, Florida

1506

Statutes, is amended to read:

1507

372.001 Definitions.--In construing these statutes, when

1508

applied to saltwater and freshwater fish, shellfish, crustacea,

1509

sponges, wild birds, and wild animals, where the context

1510

permits, the word, phrase, or term:

1511

(16) "Saltwater fish" means any saltwater species of

1512

finfish of the classes Agnatha, Chondrichthyes, or Osteichthyes

1513

and marine invertebrates ~~that~~ of the classes Gastropoda,

1514

Bivalvia, or Crustacea, or of the phylum Echinodermata, but does

1515

not include nonliving shells or echinoderms.

1516

1517

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

1518

1519

Section 36. Paragraph (b) of subsection (1) of section

1520

373.0421, Florida Statutes, is amended to read:

1521

373.0421 Establishment and implementation of minimum flows

1522

and levels.--

1523

(1) ESTABLISHMENT.--

1524

(b) Exclusions.--

1525

1. The Legislature recognizes that certain water bodies no

1526

longer serve their historical hydrologic functions. The

1527

Legislature also recognizes that recovery of these water bodies

1528

to historical hydrologic conditions may not be economically or

1529

technically feasible, and that such recovery effort could cause

1530

adverse environmental or hydrologic impacts. Accordingly, the

1531

department or governing board may determine that setting a

1532

minimum flow or level for such a water body based on its

1533

historical condition is not appropriate.

1534

2. The department or the governing board is not required

1535

to establish minimum flows or levels pursuant to s. 373.042 for

1536

surface water bodies less than 25 acres in area, unless the

1537

water body or bodies, individually or cumulatively, have

1538

significant economic, environmental, or hydrologic value.

1539

3. The department or the governing board shall not set

1540

minimum flows or levels pursuant to s. 373.042 for surface water

1541

bodies constructed prior to the requirement for a permit, or

1542

pursuant to an exemption, a permit, or a reclamation plan which

1543

regulates the size, depth, or function of the surface water body

1544

under the provisions of this chapter, chapter 378, or chapter

1545

403, unless the constructed surface water body is of significant

1546

hydrologic value or is an essential element of the water

1547

resources of the area.

1548

1549

The exclusions of this paragraph shall not apply to the

1550

Everglades Protection Area, as defined in s. 373.4592(2)(i)

1551

~~373.4592(2)(h)~~.

1552

1553

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

1554

redesignation of subunits of s. 373.4592 by s. 1, ch.

1555

2003-12, Laws of Florida.

1556

1557

Section 37. Section 373.45922, Florida Statutes, is

1558

amended to read:

1559

373.45922 South Florida Water Management District; permit

1560

for completion of Everglades Construction Project;

1561

report.--Within 60 days after receipt of any permit issued

1562

pursuant to s. 404 of the Clean Water Act, 33 U.S.C. s. 1344,

1563

for the completion of the Everglades Construction Project, as

1564

defined by s. 373.4592(2)(g) ~~373.4592(2)(f)~~, the South Florida

1565

Water Management District shall submit a report to the Governor,

1566

the President of the Senate, and the Speaker of the House of

1567

Representatives that details the differences between the permit

1568

and the Everglades Program as defined by s. 373.4592(2)(h)

1569

~~373.4592(2)(g)~~ and identifies any changes to the schedule or

1570

funding for the Everglades Program that result from the permit.

1571

The South Florida Water Management District shall include in the

1572

report a complete chronological record of any negotiations

1573

related to conditions included in the permit. Such record shall

1574

be documented by inclusion of all relevant correspondence in the

1575

report. If any condition of the permit affects the schedule or

1576

costs of the Everglades Construction Project, the South Florida

1577

Water Management District shall include in the report a detailed

1578

explanation of why the condition was imposed and a detailed

1579

analysis of whether the condition would promote or hinder the

1580

progress of the project.

1581

1582

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

1583

redesignation of subunits of s. 373.4592 by s. 1, ch.

1584

2003-12, Laws of Florida.

1585

1586

Section 38. Subsection (3) of section 381.06014, Florida

1587

Statutes, is amended to read:

1588

381.06014 Blood establishments.--

1589

(3) Any blood establishment determined to be operating in

1590

the state in a manner not consistent with the provisions of

1591

Title 21 parts 211 and 600-640, Code of Federal Regulations, and

1592

in a manner that constitutes a danger to the health or well-

1593

being of donors or recipients as evidenced by the federal Food

1594

and Drug Administration's inspection reports and the revocation

1595

of the blood establishment's license or registration shall be in

1596

violation of this chapter ~~part~~ and shall immediately cease all

1597

operations in the state.

1598

1599

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

1600

of chapter 381, which is not divided into parts.

1601

1602

Section 39. Subsection (2) of section 391.029, Florida

1603

Statutes, is amended to read:

1604

391.029 Program eligibility.--

1605

(2) The following individuals are financially eligible for

1606

the program:

1607

(a) A high-risk pregnant female who is eligible for

1608

Medicaid.

1609

(b) A child with special health care needs from birth to

1610

age 21 years who is eligible for Medicaid.

1611

1612

age 19 years who is eligible for a program under Title XXI of

1613

the Social Security Act.

1614

(d) A child with special health care needs from birth to

1615

age 21 years whose projected annual cost of care adjusts the

1616

family income to Medicaid financial criteria. In cases where

1617

the family income is adjusted based on a projected annual cost

1618

of care, the family shall participate financially in the cost of

1619

care based on criteria established by the department.

1620

(e) A child with special health care needs as defined in

1621

Title V of the Social Security Act relating to children with

1622

special health care needs.

1623

(f) An infant who receives an award of compensation under

1624

s. 766.31(1). The Florida Birth-Related Neurological Injury

1625

Compensation Association shall reimburse the Children's Medical

1626

Services Network the state's share of funding, which must

1627

thereafter be used to obtain matching federal funds under Title

1628

XXI of the Social Security Act.

1629

1630

~~The department may continue to serve certain children with~~

1631

~~special health care needs who are 21 years of age or older and~~

1632

~~who were receiving services from the program prior to April 1,~~

1633

~~1998. Such children may be served by the department until July~~

1634

~~1, 2000.~~

1635

1636

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

1637

has served its purpose.

1638

1639

Section 40. Section 393.0657, Florida Statutes, is amended

1640

to read:

1641

393.0657 Persons not required to be refingerprinted or

1642

rescreened.--Any provision of law to the contrary

1643

notwithstanding, human resource personnel who have been

1644

fingerprinted or screened pursuant to chapters 393, 394, 397,

1645

402, and 409, and teachers who have been fingerprinted pursuant

1646

to chapter 1012, who have not been unemployed for more than 90

1647

days thereafter, and who under the penalty of perjury attest to

1648

the completion of such fingerprinting or screening and to

1649

compliance with the provisions of this section and the standards

1650

for good moral character as contained in such provisions as ss.

1651

110.1127(3), 393.0655(1), 394.457(6), 397.451, 402.305(2), and

1652

409.175(6) ~~409.175(5)~~, shall not be required to be

1653

refingerprinted or rescreened in order to comply with any direct

1654

service provider screening or fingerprinting requirements.

1655

1656

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

1657

redesignation of s. 409.175(5) as s. 409.175(6) by s.

1658

6, ch. 2002-219, Laws of Florida.

1659

1660

Section 41. Subsection (9) of section 394.741, Florida

1661

Statutes, is repealed, and subsection (6) of that section is

1662

amended to read:

1663

394.741 Accreditation requirements for providers of

1664

behavioral health care services.--

1665

(6) The department or agency, by accepting the survey or

1666

inspection of an accrediting organization, does not forfeit its

1667

rights to monitor for the purpose of ensuring that services for

1668

which the department has paid were provided. The department may

1669

investigate complaints or suspected problems and to monitor the

1670

provider's compliance with negotiated terms and conditions,

1671

including provisions relating to consent decrees, which are

1672

unique to a specific contract and are not statements of general

1673

applicability. The department may monitor compliance with

1674

federal and state statutes, federal regulations, or state

1675

administrative rules, if such monitoring does not duplicate the

1676

review of accreditation standards or independent audits pursuant

1677

to subsections (3) and (8).

1678

1679

Reviser's note.--Subsection (6) is amended to improve

1680

clarity. Subsection (9) is repealed to delete obsolete

1681

material requiring two reports due January 1, 2003.

1682

1683

Section 42. Paragraphs (a), (b), and (e) of subsection (4)

1684

of section 394.9082, Florida Statutes, are amended to read:

1685

394.9082 Behavioral health service delivery strategies.--

1686

(4) CONTRACT FOR SERVICES.--

1687

(a) The Department of Children and Family Services and the

1688

Agency for Health Care Administration may contract for the

1689

provision or management of behavioral health services with a

1690

managing entity in at least two geographic areas. Both the

1691

Department of Children and Family Services and the Agency for

1692

Health Care Administration must contract with the same managing

1693

entity in any distinct geographic area where the strategy

1694

operates. This managing entity shall be accountable at a minimum

1695

for the delivery of behavioral health services specified and

1696

funded by the department and the agency. The geographic area

1697

must be of sufficient size in population and have enough public

1698

funds for behavioral health services to allow for flexibility

1699

and maximum efficiency. Notwithstanding the provisions of s.

1700

409.912(4)(b)1. ~~409.912(3)(b)1. and 2.~~, at least one service

1701

delivery strategy must be in one of the service districts in the

1702

catchment area of G. Pierce Wood Memorial Hospital.

1703

(b) Under one of the service delivery strategies, the

1704

Department of Children and Family Services may contract with a

1705

prepaid mental health plan that operates under s. 409.912 to be

1706

the managing entity. Under this strategy, the Department of

1707

Children and Family Services is not required to competitively

1708

procure those services and, notwithstanding other provisions of

1709

law, may employ prospective payment methodologies that the

1710

department finds are necessary to improve client care or

1711

institute more efficient practices. The Department of Children

1712

and Family Services may employ in its contract any provision of

1713

the current prepaid behavioral health care plan authorized under

1714

s. 409.912(4)(a) and (b) ~~409.912(3)(a) and (b)~~, or any other

1715

provision necessary to improve quality, access, continuity, and

1716

price. Any contracts under this strategy in Area 6 of the Agency

1717

for Health Care Administration or in the prototype region under

1718

s. 20.19(7) of the Department of Children and Family Services

1719

may be entered with the existing substance abuse treatment

1720

provider network if an administrative services organization is

1721

part of its network. In Area 6 of the Agency for Health Care

1722

Administration or in the prototype region of the Department of

1723

Children and Family Services, the Department of Children and

1724

Family Services and the Agency for Health Care Administration

1725

may employ alternative service delivery and financing

1726

methodologies, which may include prospective payment for certain

1727

population groups. The population groups that are to be

1728

provided these substance abuse services would include at a

1729

minimum: individuals and families receiving family safety

1730

services; Medicaid-eligible children, adolescents, and adults

1731

who are substance-abuse-impaired; or current recipients and

1732

persons at risk of needing cash assistance under Florida's

1733

welfare reform initiatives.

1734

(e) The cost of the managing entity contract shall be

1735

funded through a combination of funds from the Department of

1736

Children and Family Services and the Agency for Health Care

1737

Administration. To operate the managing entity, the Department

1738

of Children and Family Services and the Agency for Health Care

1739

Administration may not expend more than 10 percent of the annual

1740

appropriations for mental health and substance abuse treatment

1741

services prorated to the geographic areas and must include all

1742

behavioral health Medicaid funds, including psychiatric

1743

inpatient funds. This restriction does not apply to a prepaid

1744

behavioral health plan that is authorized under s. 409.912(4)(a)

1745

and (b) ~~409.912(3)(a) and (b)~~.

1746

1747

Reviser's note.--Paragraph (4)(a) is amended to

1748

conform to the redesignation of s. 409.912(3)(b)1. as

1749

s. 409.912(4)(b)1. and the deletion of s.

1750

409.912(3)(b)2. by s. 9, ch. 2003-279, Laws of

1751

Florida. Paragraphs (4)(b) and (e) are amended to

1752

conform to the redesignation of s. 409.912(3)(a) and

1753

(b) as s. 409.912(4)(a) and (b) by s. 9, ch. 2003-279.

1754

1755

Section 43. Subsection (2) of section 394.917, Florida

1756

Statutes, is amended to read:

1757

394.917 Determination; commitment procedure; mistrials;

1758

housing; counsel and costs in indigent appellate cases.--

1759

(2) If the court or jury determines that the person is a

1760

sexually violent predator, upon the expiration of the

1761

incarcerative portion of all criminal sentences and disposition

1762

of any detainers other than detainers for deportation by the

1763

United States Bureau of Citizenship and Immigration Services

1764

~~Immigration and Naturalization Service~~, the person shall be

1765

committed to the custody of the Department of Children and

1766

Family Services for control, care, and treatment until such time

1767

as the person's mental abnormality or personality disorder has

1768

so changed that it is safe for the person to be at large. At all

1769

times, persons who are detained or committed under this part

1770

shall be kept in a secure facility segregated from patients of

1771

the department who are not detained or committed under this

1772

part.

1773

1774

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

1775

redesignation of the Immigration and Naturalization

1776

Service pursuant to its transfer to the Department of

1777

Homeland Security by s. 451, Pub. L. No. 107-296.

1778

1779

Section 44. Subsection (3) of section 400.0075, Florida

1780

Statutes, is amended to read:

1781

400.0075 Complaint resolution procedures.--

1782

(3) The state ombudsman council shall provide, as part of

1783

its annual report required pursuant to s. 400.0067(2)(f)

1784

~~400.0067(2)(g)~~, information relating to the disposition of all

1785

complaints to the Department of Elderly Affairs.

1786

1787

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

1788

redesignation of s. 400.0067(2)(g) as s.

1789

400.0067(2)(f) by s. 22, ch. 2002-223, Laws of

1790

Florida.

1791

1792

Section 45. Section 402.3057, Florida Statutes, is amended

1793

to read:

1794

402.3057 Persons not required to be refingerprinted or

1795

rescreened.--Any provision of law to the contrary

1796

notwithstanding, human resource personnel who have been

1797

fingerprinted or screened pursuant to chapters 393, 394, 397,

1798

402, and 409, and teachers and noninstructional personnel who

1799

have been fingerprinted pursuant to chapter 1012, who have not

1800

been unemployed for more than 90 days thereafter, and who under

1801

the penalty of perjury attest to the completion of such

1802

fingerprinting or screening and to compliance with the

1803

provisions of this section and the standards for good moral

1804

character as contained in such provisions as ss. 110.1127(3),

1805

393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6)

1806

~~409.175(5)~~, shall not be required to be refingerprinted or

1807

rescreened in order to comply with any caretaker screening or

1808

fingerprinting requirements.

1809

1810

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

1811

redesignation of s. 409.175(5) as s. 409.175(6) by s.

1812

6, ch. 2002-219, Laws of Florida.

1813

1814

Section 46. Paragraph (a) of subsection (2) of section

1815

403.7192, Florida Statutes, is amended to read:

1816

403.7192 Batteries; requirements for consumer,

1817

manufacturers, and sellers; penalties.--

1818

(2)(a) ~~A person may not distribute, sell, or offer for~~

1819

~~sale in this state an alkaline-manganese or zinc-carbon battery~~

1820

~~that contains more than 0.025 percent mercury by weight.~~ A

1821

person may not distribute, sell, or offer for sale in this state

1822

an alkaline-manganese or zinc-carbon battery that contains any

1823

intentionally introduced mercury and more than 0.0004 percent

1824

mercury by weight.

1825

1826

Reviser's note.--Amended to delete language that has

1827

served its purpose. The deleted language only applied

1828

between July 1, 1993, and January 1, 1996, as enacted

1829

by s. 29, ch. 93-207, Laws of Florida.

1830

1831

Section 47. Paragraph (b) of subsection (1) of section

1832

404.20, Florida Statutes, is amended to read:

1833

404.20 Transportation of radioactive materials.--

1834

(1) The department shall adopt reasonable rules governing

1835

the transportation of radioactive materials which, in the

1836

judgment of the department, will promote the public health,

1837

safety, or welfare and protect the environment.

1838

(b) Such rules shall be compatible with, but no less

1839

restrictive than, those established by the United States Nuclear

1840

Regulatory Commission, the United States Federal Aviation

1841

Administration ~~Agency~~, the United States Department of

1842

Transportation, the United States Coast Guard, or the United

1843

States Postal Service.

1844

1845

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

1846

title of the United States Federal Aviation

1847

Administration.

1848

1849

Section 48. Paragraph (a) of subsection (3) of section

1850

409.017, Florida Statutes, is amended to read:

1851

409.017 Local Funding Revenue Maximization Act;

1852

legislative intent; revenue maximization program.--

1853

(3) REVENUE MAXIMIZATION PROGRAM.--

1854

(a) For purposes of this section, the term "agency" means

1855

any state agency or department that is involved in providing

1856

health, social, or human services, including, but not limited

1857

to, the Agency for Health Care Administration, the Agency for

1858

Workforce Innovation, the Department of Children and Family

1859

Services, the Department of Elderly Affairs, the Department of

1860

Juvenile Justice, and the State ~~Florida~~ Board of Education.

1861

1862

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

1863

title of the State Board of Education as established

1864

by s. 1001.01.

1865

1866

Section 49. Paragraphs (g), (h), and (j) of subsection (1)

1867

of section 409.1671, Florida Statutes, are amended to read:

1868

409.1671 Foster care and related services;

1869

privatization.--

1870

(1)

1871

(g) In any county in which a service contract has not been

1872

executed by December 31, 2004, the department shall ensure

1873

access to a model comprehensive residential services program as

1874

described in s. 409.1677 which, without imposing undue

1875

financial, geographic, or other barriers, ensures reasonable and

1876

appropriate participation by the family in the child's program.

1877

1. In order to ensure that the program is operational by

1878

December 31, 2004, the department must, by December 31, 2003,

1879

begin the process of establishing access to a program in any

1880

county in which the department has not either entered into a

1881

transition contract or approved a community plan, as described

1882

in paragraph (d), which ensures full privatization by the

1883

statutory deadline.

1884

2. The program must be procured through a competitive

1885

process.

1886

3. The Legislature does not intend for the provisions of

1887

this paragraph to substitute for the requirement that full

1888

conversion to community-based care be accomplished.

1889

(h) Other than an entity to which s. 768.28 applies, any

1890

eligible lead community-based provider, as defined in paragraph

1891

(e) ~~(c)~~, or its employees or officers, except as otherwise

1892

provided in paragraph (i) ~~(g)~~, must, as a part of its contract,

1893

obtain a minimum of $1 million per claim/$3 million per incident

1894

in general liability insurance coverage. The eligible lead

1895

community-based provider must also require that staff who

1896

transport client children and families in their personal

1897

automobiles in order to carry out their job responsibilities

1898

obtain minimum bodily injury liability insurance in the amount

1899

of $100,000 per claim, $300,000 per incident, on their personal

1900

automobiles. In any tort action brought against such an eligible

1901

lead community-based provider or employee, net economic damages

1902

shall be limited to $1 million per liability claim and $100,000

1903

per automobile claim, including, but not limited to, past and

1904

future medical expenses, wage loss, and loss of earning

1905

capacity, offset by any collateral source payment paid or

1906

payable. In any tort action brought against such an eligible

1907

lead community-based provider, noneconomic damages shall be

1908

limited to $200,000 per claim. A claims bill may be brought on

1909

behalf of a claimant pursuant to s. 768.28 for any amount

1910

exceeding the limits specified in this paragraph. Any offset of

1911

collateral source payments made as of the date of the settlement

1912

or judgment shall be in accordance with s. 768.76. The lead

1913

community-based provider shall not be liable in tort for the

1914

acts or omissions of its subcontractors or the officers, agents,

1915

or employees of its subcontractors.

1916

(j) Any subcontractor of an eligible lead community-based

1917

provider, as defined in paragraph (e) ~~(c)~~, which is a direct

1918

provider of foster care and related services to children and

1919

families, and its employees or officers, except as otherwise

1920

provided in paragraph (i) ~~(g)~~, must, as a part of its contract,

1921

obtain a minimum of $1 million per claim/$3 million per incident

1922

in general liability insurance coverage. The subcontractor of an

1923

eligible lead community-based provider must also require that

1924

staff who transport client children and families in their

1925

personal automobiles in order to carry out their job

1926

responsibilities obtain minimum bodily injury liability

1927

insurance in the amount of $100,000 per claim, $300,000 per

1928

incident, on their personal automobiles. In any tort action

1929

brought against such subcontractor or employee, net economic

1930

damages shall be limited to $1 million per liability claim and

1931

$100,000 per automobile claim, including, but not limited to,

1932

past and future medical expenses, wage loss, and loss of earning

1933

capacity, offset by any collateral source payment paid or

1934

payable. In any tort action brought against such subcontractor,

1935

noneconomic damages shall be limited to $200,000 per claim. A

1936

claims bill may be brought on behalf of a claimant pursuant to

1937

s. 768.28 for any amount exceeding the limits specified in this

1938

paragraph. Any offset of collateral source payments made as of

1939

the date of the settlement or judgment shall be in accordance

1940

with s. 768.76.

1941

1942

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

1943

redesignation of subunits of s. 409.1671 by s. 7, ch.

1944

2003-146, Laws of Florida.

1945

1946

Section 50. Section 409.1757, Florida Statutes, is amended

1947

to read:

1948

409.1757 Persons not required to be refingerprinted or

1949

rescreened.--Any provision of law to the contrary

1950

notwithstanding, human resource personnel who have been

1951

fingerprinted or screened pursuant to chapters 393, 394, 397,

1952

402, and this chapter, and teachers who have been fingerprinted

1953

pursuant to chapter 1012, who have not been unemployed for more

1954

than 90 days thereafter, and who under the penalty of perjury

1955

attest to the completion of such fingerprinting or screening and

1956

to compliance with the provisions of this section and the

1957

standards for good moral character as contained in such

1958

provisions as ss. 110.1127(3), 393.0655(1), 394.457(6), 397.451,

1959

402.305(2), and 409.175(6) ~~409.175(5)~~, shall not be required to

1960

be refingerprinted or rescreened in order to comply with any

1961

caretaker screening or fingerprinting requirements.

1962

1963

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

1964

redesignation of s. 409.175(5) as s. 409.175(6) by s.

1965

6, ch. 2002-219, Laws of Florida.

1966

1967

Section 51. Subsection (6) of section 409.904, Florida

1968

Statutes, is repealed.

1969

1970

Reviser's note.--Subsection (6), which relates to

1971

eligibility for certain Medicaid payments by specified

1972

children born before October 1, 1983, who have not yet

1973

attained the age of 19, is obsolete.

1974

1975

Section 52. Paragraph (a) of subsection (4) of section

1976

409.9065, Florida Statutes, is amended to read:

1977

409.9065 Pharmaceutical expense assistance.--

1978

(4) ADMINISTRATION.--The pharmaceutical expense assistance

1979

program shall be administered by the agency, in collaboration

1980

with the Department of Elderly Affairs and the Department of

1981

Children and Family Services.

1982

(a) The agency shall, by rule, establish for the

1983

pharmaceutical expense assistance program eligibility

1984

requirements; limits on participation; benefit limitations,

1985

including copayments; a requirement for generic drug

1986

substitution; and other program parameters comparable to those

1987

of the Medicaid program. Individuals eligible to participate in

1988

this program are not subject to the limit of four brand name

1989

drugs per month per recipient as specified in s. 409.912(40)(a)

1990

~~409.912(38)(a)~~. There shall be no monetary limit on prescription

1991

drugs purchased with discounts of less than 51 percent unless

1992

the agency determines there is a risk of a funding shortfall in

1993

the program. If the agency determines there is a risk of a

1994

funding shortfall, the agency may establish monetary limits on

1995

prescription drugs which shall not be less than $160 worth of

1996

prescription drugs per month.

1997

1998

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

1999

redesignation of s. 409.912(38)(a) as s.

2000

409.912(40)(a) by s. 9, ch. 2003-279, Laws of Florida.

2001

2002

Section 53. Section 409.908, Florida Statutes, is amended

2003

to read:

2004

409.908 Reimbursement of Medicaid providers.--Subject to

2005

specific appropriations, the agency shall reimburse Medicaid

2006

providers, in accordance with state and federal law, according

2007

to methodologies set forth in the rules of the agency and in

2008

policy manuals and handbooks incorporated by reference therein.

2009

These methodologies may include fee schedules, reimbursement

2010

methods based on cost reporting, negotiated fees, competitive

2011

bidding pursuant to s. 287.057, and other mechanisms the agency

2012

considers efficient and effective for purchasing services or

2013

goods on behalf of recipients. If a provider is reimbursed based

2014

on cost reporting and submits a cost report late and that cost

2015

report would have been used to set a lower reimbursement rate

2016

for a rate semester, then the provider's rate for that semester

2017

shall be retroactively calculated using the new cost report, and

2018

full payment at the recalculated rate shall be effected ~~affected~~

2019

retroactively. Medicare-granted extensions for filing cost

2020

reports, if applicable, shall also apply to Medicaid cost

2021

reports. Payment for Medicaid compensable services made on

2022

behalf of Medicaid eligible persons is subject to the

2023

availability of moneys and any limitations or directions

2024

provided for in the General Appropriations Act or chapter 216.

2025

Further, nothing in this section shall be construed to prevent

2026

or limit the agency from adjusting fees, reimbursement rates,

2027

lengths of stay, number of visits, or number of services, or

2028

making any other adjustments necessary to comply with the

2029

availability of moneys and any limitations or directions

2030

provided for in the General Appropriations Act, provided the

2031

adjustment is consistent with legislative intent.

2032

(1) Reimbursement to hospitals licensed under part I of

2033

chapter 395 must be made prospectively or on the basis of

2034

negotiation.

2035

(a) Reimbursement for inpatient care is limited as

2036

provided for in s. 409.905(5), except for:

2037

1. The raising of rate reimbursement caps, excluding rural

2038

hospitals.

2039

2. Recognition of the costs of graduate medical education.

2040

3. Other methodologies recognized in the General

2041

Appropriations Act.

2042

4. Hospital inpatient rates shall be reduced by 6 percent

2043

effective July 1, 2001, and restored effective April 1, 2002.

2044

2045

During the years funds are transferred from the Department of

2046

Health, any reimbursement supported by such funds shall be

2047

subject to certification by the Department of Health that the

2048

hospital has complied with s. 381.0403. The agency is authorized

2049

to receive funds from state entities, including, but not limited

2050

to, the Department of Health, local governments, and other local

2051

political subdivisions, for the purpose of making special

2052

exception payments, including federal matching funds, through

2053

the Medicaid inpatient reimbursement methodologies. Funds

2054

received from state entities or local governments for this

2055

purpose shall be separately accounted for and shall not be

2056

commingled with other state or local funds in any manner. The

2057

agency may certify all local governmental funds used as state

2058

match under Title XIX of the Social Security Act, to the extent

2059

that the identified local health care provider that is otherwise

2060

entitled to and is contracted to receive such local funds is the

2061

benefactor under the state's Medicaid program as determined

2062

under the General Appropriations Act and pursuant to an

2063

agreement between the Agency for Health Care Administration and

2064

the local governmental entity. The local governmental entity

2065

shall use a certification form prescribed by the agency. At a

2066

minimum, the certification form shall identify the amount being

2067

certified and describe the relationship between the certifying

2068

local governmental entity and the local health care provider.

2069

The agency shall prepare an annual statement of impact which

2070

documents the specific activities undertaken during the previous

2071

fiscal year pursuant to this paragraph, to be submitted to the

2072

Legislature no later than January 1, annually.

2073

(b) Reimbursement for hospital outpatient care is limited

2074

to $1,500 per state fiscal year per recipient, except for:

2075

1. Such care provided to a Medicaid recipient under age

2076

21, in which case the only limitation is medical necessity.

2077

2. Renal dialysis services.

2078

3. Other exceptions made by the agency.

2079

2080

The agency is authorized to receive funds from state entities,

2081

including, but not limited to, the Department of Health, the

2082

Board of Regents, local governments, and other local political

2083

subdivisions, for the purpose of making payments, including

2084

federal matching funds, through the Medicaid outpatient

2085

reimbursement methodologies. Funds received from state entities

2086

and local governments for this purpose shall be separately

2087

accounted for and shall not be commingled with other state or

2088

local funds in any manner.

2089

2090

share of low-income Medicaid recipients, or that participate in

2091

the regional perinatal intensive care center program under

2092

chapter 383, or that participate in the statutory teaching

2093

hospital disproportionate share program may receive additional

2094

reimbursement. The total amount of payment for disproportionate

2095

share hospitals shall be fixed by the General Appropriations

2096

Act. The computation of these payments must be made in

2097

compliance with all federal regulations and the methodologies

2098

described in ss. 409.911, 409.9112, and 409.9113.

2099

(d) The agency is authorized to limit inflationary

2100

increases for outpatient hospital services as directed by the

2101

General Appropriations Act.

2102

(2)(a)1. Reimbursement to nursing homes licensed under

2103

part II of chapter 400 and state-owned-and-operated intermediate

2104

care facilities for the developmentally disabled licensed under

2105

chapter 393 must be made prospectively.

2106

2. Unless otherwise limited or directed in the General

2107

Appropriations Act, reimbursement to hospitals licensed under

2108

part I of chapter 395 for the provision of swing-bed nursing

2109

home services must be made on the basis of the average statewide

2110

nursing home payment, and reimbursement to a hospital licensed

2111

under part I of chapter 395 for the provision of skilled nursing

2112

services must be made on the basis of the average nursing home

2113

payment for those services in the county in which the hospital

2114

is located. When a hospital is located in a county that does not

2115

have any community nursing homes, reimbursement must be

2116

determined by averaging the nursing home payments, in counties

2117

that surround the county in which the hospital is located.

2118

Reimbursement to hospitals, including Medicaid payment of

2119

Medicare copayments, for skilled nursing services shall be

2120

limited to 30 days, unless a prior authorization has been

2121

obtained from the agency. Medicaid reimbursement may be extended

2122

by the agency beyond 30 days, and approval must be based upon

2123

verification by the patient's physician that the patient

2124

requires short-term rehabilitative and recuperative services

2125

only, in which case an extension of no more than 15 days may be

2126

approved. Reimbursement to a hospital licensed under part I of

2127

chapter 395 for the temporary provision of skilled nursing

2128

services to nursing home residents who have been displaced as

2129

the result of a natural disaster or other emergency may not

2130

exceed the average county nursing home payment for those

2131

services in the county in which the hospital is located and is

2132

limited to the period of time which the agency considers

2133

necessary for continued placement of the nursing home residents

2134

in the hospital.

2135

(b) Subject to any limitations or directions provided for

2136

in the General Appropriations Act, the agency shall establish

2137

and implement a Florida Title XIX Long-Term Care Reimbursement

2138

Plan (Medicaid) for nursing home care in order to provide care

2139

and services in conformance with the applicable state and

2140

federal laws, rules, regulations, and quality and safety

2141

standards and to ensure that individuals eligible for medical

2142

assistance have reasonable geographic access to such care.

2143

1. Changes of ownership or of licensed operator do not

2144

qualify for increases in reimbursement rates associated with the

2145

change of ownership or of licensed operator. The agency shall

2146

amend the Title XIX Long Term Care Reimbursement Plan to provide

2147

that the initial nursing home reimbursement rates, for the

2148

operating, patient care, and MAR components, associated with

2149

related and unrelated party changes of ownership or licensed

2150

operator filed on or after September 1, 2001, are equivalent to

2151

the previous owner's reimbursement rate.

2152

2. The agency shall amend the long-term care reimbursement

2153

plan and cost reporting system to create direct care and

2154

indirect care subcomponents of the patient care component of the

2155

per diem rate. These two subcomponents together shall equal the

2156

patient care component of the per diem rate. Separate cost-based

2157

ceilings shall be calculated for each patient care subcomponent.

2158

The direct care subcomponent of the per diem rate shall be

2159

limited by the cost-based class ceiling, and the indirect care

2160

subcomponent shall be limited by the lower of the cost-based

2161

class ceiling, by the target rate class ceiling, or by the

2162

individual provider target. The agency shall adjust the patient

2163

care component effective January 1, 2002. The cost to adjust the

2164

direct care subcomponent shall be net of the total funds

2165

previously allocated for the case mix add-on. The agency shall

2166

make the required changes to the nursing home cost reporting

2167

forms to implement this requirement effective January 1, 2002.

2168

3. The direct care subcomponent shall include salaries and

2169

benefits of direct care staff providing nursing services

2170

including registered nurses, licensed practical nurses, and

2171

certified nursing assistants who deliver care directly to

2172

residents in the nursing home facility. This excludes nursing

2173

administration, MDS, and care plan coordinators, staff

2174

development, and staffing coordinator.

2175

4. All other patient care costs shall be included in the

2176

indirect care cost subcomponent of the patient care per diem

2177

rate. There shall be no costs directly or indirectly allocated

2178

to the direct care subcomponent from a home office or management

2179

company.

2180

5. On July 1 of each year, the agency shall report to the

2181

Legislature direct and indirect care costs, including average

2182

direct and indirect care costs per resident per facility and

2183

direct care and indirect care salaries and benefits per category

2184

of staff member per facility.

2185

6. In order to offset the cost of general and professional

2186

liability insurance, the agency shall amend the plan to allow

2187

for interim rate adjustments to reflect increases in the cost of

2188

general or professional liability insurance for nursing homes.

2189

This provision shall be implemented to the extent existing

2190

appropriations are available.

2191

2192

It is the intent of the Legislature that the reimbursement plan

2193

achieve the goal of providing access to health care for nursing

2194

home residents who require large amounts of care while

2195

encouraging diversion services as an alternative to nursing home

2196

care for residents who can be served within the community. The

2197

agency shall base the establishment of any maximum rate of

2198

payment, whether overall or component, on the available moneys

2199

as provided for in the General Appropriations Act. The agency

2200

may base the maximum rate of payment on the results of

2201

scientifically valid analysis and conclusions derived from

2202

objective statistical data pertinent to the particular maximum

2203

rate of payment.

2204

(3) Subject to any limitations or directions provided for

2205

in the General Appropriations Act, the following Medicaid

2206

services and goods may be reimbursed on a fee-for-service basis.

2207

For each allowable service or goods furnished in accordance with

2208

Medicaid rules, policy manuals, handbooks, and state and federal

2209

law, the payment shall be the amount billed by the provider, the

2210

provider's usual and customary charge, or the maximum allowable

2211

fee established by the agency, whichever amount is less, with

2212

the exception of those services or goods for which the agency

2213

makes payment using a methodology based on capitation rates,

2214

average costs, or negotiated fees.

2215

(a) Advanced registered nurse practitioner services.

2216

(b) Birth center services.

2217

2218

(d) Community mental health services.

2219

(e) Dental services, including oral and maxillofacial

2220

surgery.

2221

(f) Durable medical equipment.

2222

(g) Hearing services.

2223

(h) Occupational therapy for Medicaid recipients under age

2224

21.

2225

(i) Optometric services.

2226

(j) Orthodontic services.

2227

(k) Personal care for Medicaid recipients under age 21.

2228

(l) Physical therapy for Medicaid recipients under age 21.

2229

(m) Physician assistant services.

2230

(n) Podiatric services.

2231

(o) Portable X-ray services.

2232

(p) Private-duty nursing for Medicaid recipients under age

2233

21.

2234

(q) Registered nurse first assistant services.

2235

(r) Respiratory therapy for Medicaid recipients under age

2236

21.

2237

(s) Speech therapy for Medicaid recipients under age 21.

2238

(t) Visual services.

2239

(4) Subject to any limitations or directions provided for

2240

in the General Appropriations Act, alternative health plans,

2241

health maintenance organizations, and prepaid health plans shall

2242

be reimbursed a fixed, prepaid amount negotiated, or

2243

competitively bid pursuant to s. 287.057, by the agency and

2244

prospectively paid to the provider monthly for each Medicaid

2245

recipient enrolled. The amount may not exceed the average

2246

amount the agency determines it would have paid, based on claims

2247

experience, for recipients in the same or similar category of

2248

eligibility. The agency shall calculate capitation rates on a

2249

regional basis and, beginning September 1, 1995, shall include

2250

age-band differentials in such calculations. Effective July 1,

2251

2001, the cost of exempting statutory teaching hospitals,

2252

specialty hospitals, and community hospital education program

2253

hospitals from reimbursement ceilings and the cost of special

2254

Medicaid payments shall not be included in premiums paid to

2255

health maintenance organizations or prepaid health care plans.

2256

Each rate semester, the agency shall calculate and publish a

2257

Medicaid hospital rate schedule that does not reflect either

2258

special Medicaid payments or the elimination of rate

2259

reimbursement ceilings, to be used by hospitals and Medicaid

2260

health maintenance organizations, in order to determine the

2261

Medicaid rate referred to in ss. 409.912(19) ~~409.912(17)~~,

2262

409.9128(5), and 641.513(6).

2263

(5) An ambulatory surgical center shall be reimbursed the

2264

lesser of the amount billed by the provider or the Medicare-

2265

established allowable amount for the facility.

2266

(6) A provider of early and periodic screening, diagnosis,

2267

and treatment services to Medicaid recipients who are children

2268

under age 21 shall be reimbursed using an all-inclusive rate

2269

stipulated in a fee schedule established by the agency. A

2270

provider of the visual, dental, and hearing components of such

2271

services shall be reimbursed the lesser of the amount billed by

2272

the provider or the Medicaid maximum allowable fee established

2273

by the agency.

2274

(7) A provider of family planning services shall be

2275

reimbursed the lesser of the amount billed by the provider or an

2276

all-inclusive amount per type of visit for physicians and

2277

advanced registered nurse practitioners, as established by the

2278

agency in a fee schedule.

2279

(8) A provider of home-based or community-based services

2280

rendered pursuant to a federally approved waiver shall be

2281

reimbursed based on an established or negotiated rate for each

2282

service. These rates shall be established according to an

2283

analysis of the expenditure history and prospective budget

2284

developed by each contract provider participating in the waiver

2285

program, or under any other methodology adopted by the agency

2286

and approved by the Federal Government in accordance with the

2287

waiver. Effective July 1, 1996, privately owned and operated

2288

community-based residential facilities which meet agency

2289

requirements and which formerly received Medicaid reimbursement

2290

for the optional intermediate care facility for the mentally

2291

retarded service may participate in the developmental services

2292

waiver as part of a home-and-community-based continuum of care

2293

for Medicaid recipients who receive waiver services.

2294

(9) A provider of home health care services or of medical

2295

supplies and appliances shall be reimbursed on the basis of

2296

competitive bidding or for the lesser of the amount billed by

2297

the provider or the agency's established maximum allowable

2298

amount, except that, in the case of the rental of durable

2299

medical equipment, the total rental payments may not exceed the

2300

purchase price of the equipment over its expected useful life or

2301

the agency's established maximum allowable amount, whichever

2302

amount is less.

2303

(10) A hospice shall be reimbursed through a prospective

2304

system for each Medicaid hospice patient at Medicaid rates using

2305

the methodology established for hospice reimbursement pursuant

2306

to Title XVIII of the federal Social Security Act.

2307

(11) A provider of independent laboratory services shall

2308

be reimbursed on the basis of competitive bidding or for the

2309

least of the amount billed by the provider, the provider's usual

2310

and customary charge, or the Medicaid maximum allowable fee

2311

established by the agency.

2312

(12)(a) A physician shall be reimbursed the lesser of the

2313

amount billed by the provider or the Medicaid maximum allowable

2314

fee established by the agency.

2315

(b) The agency shall adopt a fee schedule, subject to any

2316

limitations or directions provided for in the General

2317

Appropriations Act, based on a resource-based relative value

2318

scale for pricing Medicaid physician services. Under this fee

2319

schedule, physicians shall be paid a dollar amount for each

2320

service based on the average resources required to provide the

2321

service, including, but not limited to, estimates of average

2322

physician time and effort, practice expense, and the costs of

2323

professional liability insurance. The fee schedule shall

2324

provide increased reimbursement for preventive and primary care

2325

services and lowered reimbursement for specialty services by

2326

using at least two conversion factors, one for cognitive

2327

services and another for procedural services. The fee schedule

2328

shall not increase total Medicaid physician expenditures unless

2329

moneys are available, and shall be phased in over a 2-year

2330

period beginning on July 1, 1994. The Agency for Health Care

2331

Administration shall seek the advice of a 16-member advisory

2332

panel in formulating and adopting the fee schedule. The panel

2333

shall consist of Medicaid physicians licensed under chapters 458

2334

and 459 and shall be composed of 50 percent primary care

2335

physicians and 50 percent specialty care physicians.

2336

2337

physicians for providing total obstetrical services to Medicaid

2338

recipients, which include prenatal, delivery, and postpartum

2339

care, shall be at least $1,500 per delivery for a pregnant woman

2340

with low medical risk and at least $2,000 per delivery for a

2341

pregnant woman with high medical risk. However, reimbursement to

2342

physicians working in Regional Perinatal Intensive Care Centers

2343

designated pursuant to chapter 383, for services to certain

2344

pregnant Medicaid recipients with a high medical risk, may be

2345

made according to obstetrical care and neonatal care groupings

2346

and rates established by the agency. Nurse midwives licensed

2347

under part I of chapter 464 or midwives licensed under chapter

2348

467 shall be reimbursed at no less than 80 percent of the low

2349

medical risk fee. The agency shall by rule determine, for the

2350

purpose of this paragraph, what constitutes a high or low

2351

medical risk pregnant woman and shall not pay more based solely

2352

on the fact that a caesarean section was performed, rather than

2353

a vaginal delivery. The agency shall by rule determine a

2354

prorated payment for obstetrical services in cases where only

2355

part of the total prenatal, delivery, or postpartum care was

2356

performed. The Department of Health shall adopt rules for

2357

appropriate insurance coverage for midwives licensed under

2358

chapter 467. Prior to the issuance and renewal of an active

2359

license, or reactivation of an inactive license for midwives

2360

licensed under chapter 467, such licensees shall submit proof of

2361

coverage with each application.

2362

~~(d) For fiscal years 2001-2002 and 2002-2003 only and if~~

2363

~~necessary to meet the requirements for grants and donations for~~

2364

~~the special Medicaid payments authorized in the 2001-2002 and~~

2365

~~2002-2003 General Appropriations Acts, the agency may make~~

2366

~~special Medicaid payments to qualified Medicaid providers~~

2367

~~designated by the agency, notwithstanding any provision of this~~

2368

~~subsection to the contrary, and may use intergovernmental~~

2369

~~transfers from state entities or other governmental entities to~~

2370

~~serve as the state share of such payments.~~

2371

(13) Medicare premiums for persons eligible for both

2372

Medicare and Medicaid coverage shall be paid at the rates

2373

established by Title XVIII of the Social Security Act. For

2374

Medicare services rendered to Medicaid-eligible persons,

2375

Medicaid shall pay Medicare deductibles and coinsurance as

2376

follows:

2377

(a) Medicaid shall make no payment toward deductibles and

2378

coinsurance for any service that is not covered by Medicaid.

2379

(b) Medicaid's financial obligation for deductibles and

2380

coinsurance payments shall be based on Medicare allowable fees,

2381

not on a provider's billed charges.

2382

2383

and coinsurance when payment that Medicare has made for the

2384

service equals or exceeds what Medicaid would have paid if it

2385

had been the sole payor. The combined payment of Medicare and

2386

Medicaid shall not exceed the amount Medicaid would have paid

2387

had it been the sole payor. The Legislature finds that there has

2388

been confusion regarding the reimbursement for services rendered

2389

to dually eligible Medicare beneficiaries. Accordingly, the

2390

Legislature clarifies that it has always been the intent of the

2391

Legislature before and after 1991 that, in reimbursing in

2392

accordance with fees established by Title XVIII for premiums,

2393

deductibles, and coinsurance for Medicare services rendered by

2394

physicians to Medicaid eligible persons, physicians be

2395

reimbursed at the lesser of the amount billed by the physician

2396

or the Medicaid maximum allowable fee established by the Agency

2397

for Health Care Administration, as is permitted by federal law.

2398

It has never been the intent of the Legislature with regard to

2399

such services rendered by physicians that Medicaid be required

2400

to provide any payment for deductibles, coinsurance, or

2401

copayments for Medicare cost sharing, or any expenses incurred

2402

relating thereto, in excess of the payment amount provided for

2403

under the State Medicaid plan for such service. This payment

2404

methodology is applicable even in those situations in which the

2405

payment for Medicare cost sharing for a qualified Medicare

2406

beneficiary with respect to an item or service is reduced or

2407

eliminated. This expression of the Legislature is in

2408

clarification of existing law and shall apply to payment for,

2409

and with respect to provider agreements with respect to, items

2410

or services furnished on or after the effective date of this

2411

act. This paragraph applies to payment by Medicaid for items and

2412

services furnished before the effective date of this act if such

2413

payment is the subject of a lawsuit that is based on the

2414

provisions of this section, and that is pending as of, or is

2415

initiated after, the effective date of this act.

2416

(d) Notwithstanding paragraphs (a)-(c):

2417

1. Medicaid payments for Nursing Home Medicare part A

2418

coinsurance shall be the lesser of the Medicare coinsurance

2419

amount or the Medicaid nursing home per diem rate.

2420

2. Medicaid shall pay all deductibles and coinsurance for

2421

Medicare-eligible recipients receiving freestanding end stage

2422

renal dialysis center services.

2423

3. Medicaid payments for general hospital inpatient

2424

services shall be limited to the Medicare deductible per spell

2425

of illness. Medicaid shall make no payment toward coinsurance

2426

for Medicare general hospital inpatient services.

2427

4. Medicaid shall pay all deductibles and coinsurance for

2428

Medicare emergency transportation services provided by

2429

ambulances licensed pursuant to chapter 401.

2430

(14) A provider of prescribed drugs shall be reimbursed

2431

the least of the amount billed by the provider, the provider's

2432

usual and customary charge, or the Medicaid maximum allowable

2433

fee established by the agency, plus a dispensing fee. The agency

2434

is directed to implement a variable dispensing fee for payments

2435

for prescribed medicines while ensuring continued access for

2436

Medicaid recipients. The variable dispensing fee may be based

2437

upon, but not limited to, either or both the volume of

2438

prescriptions dispensed by a specific pharmacy provider, the

2439

volume of prescriptions dispensed to an individual recipient,

2440

and dispensing of preferred-drug-list products. The agency may

2441

increase the pharmacy dispensing fee authorized by statute and

2442

in the annual General Appropriations Act by $0.50 for the

2443

dispensing of a Medicaid preferred-drug-list product and reduce

2444

the pharmacy dispensing fee by $0.50 for the dispensing of a

2445

Medicaid product that is not included on the preferred-drug

2446

list. The agency may establish a supplemental pharmaceutical

2447

dispensing fee to be paid to providers returning unused unit-

2448

dose packaged medications to stock and crediting the Medicaid

2449

program for the ingredient cost of those medications if the

2450

ingredient costs to be credited exceed the value of the

2451

supplemental dispensing fee. The agency is authorized to limit

2452

reimbursement for prescribed medicine in order to comply with

2453

any limitations or directions provided for in the General

2454

Appropriations Act, which may include implementing a prospective

2455

or concurrent utilization review program.

2456

(15) A provider of primary care case management services

2457

rendered pursuant to a federally approved waiver shall be

2458

reimbursed by payment of a fixed, prepaid monthly sum for each

2459

Medicaid recipient enrolled with the provider.

2460

(16) A provider of rural health clinic services and

2461

federally qualified health center services shall be reimbursed a

2462

rate per visit based on total reasonable costs of the clinic, as

2463

determined by the agency in accordance with federal regulations.

2464

(17) A provider of targeted case management services shall

2465

be reimbursed pursuant to an established fee, except where the

2466

Federal Government requires a public provider be reimbursed on

2467

the basis of average actual costs.

2468

(18) Unless otherwise provided for in the General

2469

Appropriations Act, a provider of transportation services shall

2470

be reimbursed the lesser of the amount billed by the provider or

2471

the Medicaid maximum allowable fee established by the agency,

2472

except when the agency has entered into a direct contract with

2473

the provider, or with a community transportation coordinator,

2474

for the provision of an all-inclusive service, or when services

2475

are provided pursuant to an agreement negotiated between the

2476

agency and the provider. The agency, as provided for in s.

2477

427.0135, shall purchase transportation services through the

2478

community coordinated transportation system, if available,

2479

unless the agency determines a more cost-effective method for

2480

Medicaid clients. Nothing in this subsection shall be construed

2481

to limit or preclude the agency from contracting for services

2482

using a prepaid capitation rate or from establishing maximum fee

2483

schedules, individualized reimbursement policies by provider

2484

type, negotiated fees, prior authorization, competitive bidding,

2485

increased use of mass transit, or any other mechanism that the

2486

agency considers efficient and effective for the purchase of

2487

services on behalf of Medicaid clients, including implementing a

2488

transportation eligibility process. The agency shall not be

2489

required to contract with any community transportation

2490

coordinator or transportation operator that has been determined

2491

by the agency, the Department of Legal Affairs Medicaid Fraud

2492

Control Unit, or any other state or federal agency to have

2493

engaged in any abusive or fraudulent billing activities. The

2494

agency is authorized to competitively procure transportation

2495

services or make other changes necessary to secure approval of

2496

federal waivers needed to permit federal financing of Medicaid

2497

transportation services at the service matching rate rather than

2498

the administrative matching rate.

2499

(19) County health department services may be reimbursed a

2500

rate per visit based on total reasonable costs of the clinic, as

2501

determined by the agency in accordance with federal regulations

2502

under the authority of 42 C.F.R. s. 431.615.

2503

(20) A renal dialysis facility that provides dialysis

2504

services under s. 409.906(9) must be reimbursed the lesser of

2505

the amount billed by the provider, the provider's usual and

2506

customary charge, or the maximum allowable fee established by

2507

the agency, whichever amount is less.

2508

(21) The agency shall reimburse school districts which

2509

certify the state match pursuant to ss. 409.9071 and 1011.70 for

2510

the federal portion of the school district's allowable costs to

2511

deliver the services, based on the reimbursement schedule. The

2512

school district shall determine the costs for delivering

2513

services as authorized in ss. 409.9071 and 1011.70 for which the

2514

state match will be certified. Reimbursement of school-based

2515

providers is contingent on such providers being enrolled as

2516

Medicaid providers and meeting the qualifications contained in

2517

42 C.F.R. s. 440.110, unless otherwise waived by the federal

2518

Health Care Financing Administration. Speech therapy providers

2519

who are certified through the Department of Education pursuant

2520

to rule 6A-4.0176, Florida Administrative Code, are eligible for

2521

reimbursement for services that are provided on school premises.

2522

Any employee of the school district who has been fingerprinted

2523

and has received a criminal background check in accordance with

2524

Department of Education rules and guidelines shall be exempt

2525

from any agency requirements relating to criminal background

2526

checks.

2527

(22) The agency shall request and implement Medicaid

2528

waivers from the federal Health Care Financing Administration to

2529

advance and treat a portion of the Medicaid nursing home per

2530

diem as capital for creating and operating a risk-retention

2531

group for self-insurance purposes, consistent with federal and

2532

state laws and rules.

2533

2534

Reviser's note.--The introductory paragraph to the

2535

section is amended to improve clarity and conform to

2536

context. Subsection (4) is amended to conform to the

2537

redesignation of s. 409.912(17) as s. 409.912(19) by

2538

s. 9, ch. 2003-279, Laws of Florida. Subsection (12),

2539

which relates to special Medicaid payments for fiscal

2540

years 2001-2002 and 2002-2003, is repealed to delete

2541

an obsolete provision.

2542

2543

Section 54. Subsections (1) and (2) of section 409.91196,

2544

Florida Statutes, are amended to read:

2545

409.91196 Supplemental rebate agreements; confidentiality

2546

of records and meetings.--

2547

(1) Trade secrets, rebate amount, percent of rebate,

2548

manufacturer's pricing, and supplemental rebates which are

2549

contained in records of the Agency for Health Care

2550

Administration and its agents with respect to supplemental

2551

rebate negotiations and which are prepared pursuant to a

2552

supplemental rebate agreement under s. 409.912(40)(a)7.

2553

~~409.912(38)(a)7.~~ are confidential and exempt from s. 119.07 and

2554

s. 24(a), Art. I of the State Constitution.

2555

(2) Those portions of meetings of the Medicaid

2556

Pharmaceutical and Therapeutics Committee at which trade

2557

secrets, rebate amount, percent of rebate, manufacturer's

2558

pricing, and supplemental rebates are disclosed for discussion

2559

or negotiation of a supplemental rebate agreement under s.

2560

409.912(40)(a)7. ~~409.912(38)(a)7.~~ are exempt from s. 286.011 and

2561

s. 24(b), Art. I of the State Constitution.

2562

2563

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

2564

redesignation of s. 409.912(38)(a)7. as s.

2565

409.912(40)(a)7. by s. 9, ch. 2003-279, Laws of

2566

Florida.

2567

2568

Section 55. Subsection (38) of section 409.912, Florida

2569

Statutes, is repealed, and paragraph (c) of subsection (4),

2570

paragraph (c) of subsection (21), and subsection (29) of that

2571

section are amended to read:

2572

409.912 Cost-effective purchasing of health care.--The

2573

agency shall purchase goods and services for Medicaid recipients

2574

in the most cost-effective manner consistent with the delivery

2575

of quality medical care. The agency shall maximize the use of

2576

prepaid per capita and prepaid aggregate fixed-sum basis

2577

services when appropriate and other alternative service delivery

2578

and reimbursement methodologies, including competitive bidding

2579

pursuant to s. 287.057, designed to facilitate the cost-

2580

effective purchase of a case-managed continuum of care. The

2581

agency shall also require providers to minimize the exposure of

2582

recipients to the need for acute inpatient, custodial, and other

2583

institutional care and the inappropriate or unnecessary use of

2584

high-cost services. The agency may establish prior authorization

2585

requirements for certain populations of Medicaid beneficiaries,

2586

certain drug classes, or particular drugs to prevent fraud,

2587

abuse, overuse, and possible dangerous drug interactions. The

2588

Pharmaceutical and Therapeutics Committee shall make

2589

recommendations to the agency on drugs for which prior

2590

authorization is required. The agency shall inform the

2591

Pharmaceutical and Therapeutics Committee of its decisions

2592

regarding drugs subject to prior authorization.

2593

(4) The agency may contract with:

2594

2595

by one or more federally qualified health centers or an entity

2596

owned by other migrant and community health centers receiving

2597

non-Medicaid financial support from the Federal Government to

2598

provide health care services on a prepaid or fixed-sum basis to

2599

recipients. Such prepaid health care services entity must be

2600

licensed under parts I and III of chapter 641, but shall be

2601

prohibited from serving Medicaid recipients on a prepaid basis,

2602

until such licensure has been obtained. However, such an entity

2603

is exempt from s. 641.225 if the entity meets the requirements

2604

specified in subsections (17) and (18) ~~(15) and (16)~~.

2605

(21) Any entity contracting with the agency pursuant to

2606

this section to provide health care services to Medicaid

2607

recipients is prohibited from engaging in any of the following

2608

practices or activities:

2609

2610

consideration for enrollment, except as authorized by subsection

2611

(24) ~~(22)~~.

2612

(29) The agency shall perform enrollments and

2613

disenrollments for Medicaid recipients who are eligible for

2614

MediPass or managed care plans. Notwithstanding the prohibition

2615

contained in paragraph (21)(f) ~~(19)(f)~~, managed care plans may

2616

perform preenrollments of Medicaid recipients under the

2617

supervision of the agency or its agents. For the purposes of

2618

this section, "preenrollment" means the provision of marketing

2619

and educational materials to a Medicaid recipient and assistance

2620

in completing the application forms, but shall not include

2621

actual enrollment into a managed care plan. An application for

2622

enrollment shall not be deemed complete until the agency or its

2623

agent verifies that the recipient made an informed, voluntary

2624

choice. The agency, in cooperation with the Department of

2625

Children and Family Services, may test new marketing initiatives

2626

to inform Medicaid recipients about their managed care options

2627

at selected sites. The agency shall report to the Legislature on

2628

the effectiveness of such initiatives. The agency may contract

2629

with a third party to perform managed care plan and MediPass

2630

enrollment and disenrollment services for Medicaid recipients

2631

and is authorized to adopt rules to implement such services. The

2632

agency may adjust the capitation rate only to cover the costs of

2633

a third-party enrollment and disenrollment contract, and for

2634

agency supervision and management of the managed care plan

2635

enrollment and disenrollment contract.

2636

2637

Reviser's note.--Paragraph (4)(c), paragraph (21)(c),

2638

and subsection (29) are amended to conform to the

2639

redesignation of subunits of s. 409.912 by s. 9, ch.

2640

2003-279, Laws of Florida. Subsection (38) is repealed

2641

to delete material relating to a 3-year managed care

2642

pilot program that has been completed.

2643

2644

Section 56. Paragraph (f) of subsection (2) of section

2645

409.9122, Florida Statutes, is amended to read:

2646

409.9122 Mandatory Medicaid managed care enrollment;

2647

programs and procedures.--

2648

(2)

2649

(f) When a Medicaid recipient does not choose a managed

2650

care plan or MediPass provider, the agency shall assign the

2651

Medicaid recipient to a managed care plan or MediPass provider.

2652

Medicaid recipients who are subject to mandatory assignment but

2653

who fail to make a choice shall be assigned to managed care

2654

plans until an enrollment of 40 percent in MediPass and 60

2655

percent in managed care plans is achieved. Once this enrollment

2656

is achieved, the assignments shall be divided in order to

2657

maintain an enrollment in MediPass and managed care plans which

2658

is in a 40 percent and 60 percent proportion, respectively.

2659

Thereafter, assignment of Medicaid recipients who fail to make a

2660

choice shall be based proportionally on the preferences of

2661

recipients who have made a choice in the previous period. Such

2662

proportions shall be revised at least quarterly to reflect an

2663

update of the preferences of Medicaid recipients. The agency

2664

shall disproportionately assign Medicaid-eligible recipients who

2665

are required to but have failed to make a choice of managed care

2666

plan or MediPass, including children, and who are to be assigned

2667

to the MediPass program to children's networks as described in

2668

s. 409.912(4)(g) ~~409.912(3)(g)~~, Children's Medical Services

2669

network as defined in s. 391.021, exclusive provider

2670

organizations, provider service networks, minority physician

2671

networks, and pediatric emergency department diversion programs

2672

authorized by this chapter or the General Appropriations Act, in

2673

such manner as the agency deems appropriate, until the agency

2674

has determined that the networks and programs have sufficient

2675

numbers to be economically operated. For purposes of this

2676

paragraph, when referring to assignment, the term "managed care

2677

plans" includes health maintenance organizations, exclusive

2678

provider organizations, provider service networks, minority

2679

physician networks, Children's Medical Services network, and

2680

pediatric emergency department diversion programs authorized by

2681

this chapter or the General Appropriations Act. When making

2682

assignments, the agency shall take into account the following

2683

criteria:

2684

1. A managed care plan has sufficient network capacity to

2685

meet the need of members.

2686

2. The managed care plan or MediPass has previously

2687

enrolled the recipient as a member, or one of the managed care

2688

plan's primary care providers or MediPass providers has

2689

previously provided health care to the recipient.

2690

3. The agency has knowledge that the member has previously

2691

expressed a preference for a particular managed care plan or

2692

MediPass provider as indicated by Medicaid fee-for-service

2693

claims data, but has failed to make a choice.

2694

4. The managed care plan's or MediPass primary care

2695

providers are geographically accessible to the recipient's

2696

residence.

2697

2698

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

2699

redesignation of s. 409.912(3)(g) as s. 409.912(4)(g)

2700

by s. 9, ch. 2003-279, Laws of Florida.

2701

2702

Section 57. Paragraph (c) of subsection (3) of section

2703

414.095, Florida Statutes, is amended to read:

2704

414.095 Determining eligibility for temporary cash

2705

assistance.--

2706

(3) ELIGIBILITY FOR NONCITIZENS.--A "qualified noncitizen"

2707

is an individual who is admitted to the United States as a

2708

refugee under s. 207 of the Immigration and Nationality Act or

2709

who is granted asylum under s. 208 of the Immigration and

2710

Nationality Act; a noncitizen whose deportation is withheld

2711

under s. 243(h) or s. 241(b)(3) of the Immigration and

2712

Nationality Act; a noncitizen who is paroled into the United

2713

States under s. 212(d)(5) of the Immigration and Nationality

2714

Act, for at least 1 year; a noncitizen who is granted

2715

conditional entry pursuant to s. 203(a)(7) of the Immigration

2716

and Nationality Act as in effect prior to April 1, 1980; a Cuban

2717

or Haitian entrant; or a noncitizen who has been admitted as a

2718

permanent resident. In addition, a "qualified noncitizen"

2719

includes an individual who, or an individual whose child or

2720

parent, has been battered or subject to extreme cruelty in the

2721

United States by a spouse, a parent, or other household member

2722

under certain circumstances, and has applied for or received

2723

protection under the federal Violence Against Women Act of 1994,

2724

Pub. L. No. 103-322, if the need for benefits is related to the

2725

abuse and the batterer no longer lives in the household. A

2726

"nonqualified noncitizen" is a nonimmigrant noncitizen,

2727

including a tourist, business visitor, foreign student, exchange

2728

visitor, temporary worker, or diplomat. In addition, a

2729

"nonqualified noncitizen" includes an individual paroled into

2730

the United States for less than 1 year. A qualified noncitizen

2731

who is otherwise eligible may receive temporary cash assistance

2732

to the extent permitted by federal law. The income or resources

2733

of a sponsor and the sponsor's spouse shall be included in

2734

determining eligibility to the maximum extent permitted by

2735

federal law.

2736

2737

Alien Verification for Entitlements Program (SAVE) established

2738

by the United States Bureau of Citizenship and Immigration

2739

Services ~~Immigration and Naturalization Service~~ in order to

2740

verify the validity of documents provided by noncitizens and to

2741

verify a noncitizen's eligibility.

2742

2743

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

2744

redesignation of the Immigration and Naturalization

2745

Service pursuant to its transfer to the Department of

2746

Homeland Security by s. 451, Pub. L. No. 107-296.

2747

2748

Section 58. Section 414.70, Florida Statutes, is repealed.

2749

2750

Reviser's note.--This section created a drug-screening

2751

and drug-testing program that expired June 30, 2001.

2752

2753

Section 59. Paragraph (d) of subsection (15) of section

2754

440.02, Florida Statutes, is amended to read:

2755

440.02 Definitions.--When used in this chapter, unless the

2756

context clearly requires otherwise, the following terms shall

2757

have the following meanings:

2758

(15)

2759

(d) "Employee" does not include:

2760

1. An independent contractor who is not engaged in the

2761

construction industry.

2762

a. In order to meet the definition of independent

2763

contractor, at least four of the following criteria must be met:

2764

(I) The independent contractor maintains a separate

2765

business with his or her own work facility, truck, equipment,

2766

materials, or similar accommodations;

2767

(II) The independent contractor holds or has applied for a

2768

federal employer identification number, unless the independent

2769

contractor is a sole proprietor who is not required to obtain a

2770

federal employer identification number under state or federal

2771

regulations;

2772

(III) The independent contractor receives compensation for

2773

services rendered or work performed and such compensation is

2774

paid to a business rather than to an individual;

2775

(IV) The independent contractor holds one or more bank

2776

accounts in the name of the business entity for purposes of

2777

paying business expenses or other expenses related to services

2778

rendered or work performed for compensation;

2779

(V) The independent contractor performs work or is able to

2780

perform work for any entity in addition to or besides the

2781

employer at his or her own election without the necessity of

2782

completing an employment application or process; or

2783

(VI) The independent contractor receives compensation for

2784

work or services rendered on a competitive-bid basis or

2785

completion of a task or a set of tasks as defined by a

2786

contractual agreement, unless such contractual agreement

2787

expressly states that an employment relationship exists.

2788

b. If four of the criteria listed in sub-subparagraph a.

2789

do not exist, an individual may still be presumed to be an

2790

independent contractor and not an employee based on full

2791

consideration of the nature of the individual situation with

2792

regard to satisfying any of the following conditions:

2793

(I) The independent contractor performs or agrees to

2794

perform specific services or work for a specific amount of money

2795

and controls the means of performing the services or work.

2796

(II) The independent contractor incurs the principal

2797

expenses related to the service or work that he or she performs

2798

or agrees to perform.

2799

(III) The independent contractor is responsible for the

2800

satisfactory completion of the work or services that he or she

2801

performs or agrees to perform.

2802

(IV) The independent contractor receives compensation for

2803

work or services performed for a commission or on a per-job

2804

basis and not on any other basis.

2805

(V) The independent contractor may realize a profit or

2806

suffer a loss in connection with performing work or services.

2807

(VI) The independent contractor has continuing or

2808

recurring business liabilities or obligations.

2809

(VII) The success or failure of the independent

2810

contractor's business depends on the relationship of business

2811

receipts to expenditures.

2812

c. Notwithstanding anything to the contrary in this

2813

subparagraph, an individual claiming to be an independent

2814

contractor has the burden of proving that he or she is an

2815

independent contractor for purposes of this chapter.

2816

2. A real estate licensee, if that person agrees, in

2817

writing, to perform for remuneration solely by way of

2818

commission.

2819

3. Bands, orchestras, and musical and theatrical

2820

performers, including disk jockeys, performing in licensed

2821

premises as defined in chapter 562, if a written contract

2822

evidencing an independent contractor relationship is entered

2823

into before the commencement of such entertainment.

2824

4. An owner-operator of a motor vehicle who transports

2825

property under a written contract with a motor carrier which

2826

evidences a relationship by which the owner-operator assumes the

2827

responsibility of an employer for the performance of the

2828

contract, if the owner-operator is required to furnish the

2829

necessary motor vehicle equipment and all costs incidental to

2830

the performance of the contract, including, but not limited to,

2831

fuel, taxes, licenses, repairs, and hired help; and the owner-

2832

operator is paid a commission for transportation service and is

2833

not paid by the hour or on some other time-measured basis.

2834

5. A person whose employment is both casual and not in the

2835

course of the trade, business, profession, or occupation of the

2836

employer.

2837

6. A volunteer, except a volunteer worker for the state or

2838

a county, municipality, or other governmental entity. A person

2839

who does not receive monetary remuneration for services is

2840

presumed to be a volunteer unless there is substantial evidence

2841

that a valuable consideration was intended by both employer and

2842

employee. For purposes of this chapter, the term "volunteer"

2843

includes, but is not limited to:

2844

a. Persons who serve in private nonprofit agencies and who

2845

receive no compensation other than expenses in an amount less

2846

than or equivalent to the standard mileage and per diem expenses

2847

provided to salaried employees in the same agency or, if such

2848

agency does not have salaried employees who receive mileage and

2849

per diem, then such volunteers who receive no compensation other

2850

than expenses in an amount less than or equivalent to the

2851

customary mileage and per diem paid to salaried workers in the

2852

community as determined by the department; and

2853

b. Volunteers participating in federal programs

2854

established under Pub. L. No. 93-113.

2855

7. Unless otherwise prohibited by this chapter, any

2856

officer of a corporation who elects to be exempt from this

2857

chapter. Such officer is not an employee for any reason under

2858

this chapter until the notice of revocation of election filed

2859

pursuant to s. 440.05 is effective.

2860

8. An officer of a corporation that is engaged in the

2861

construction industry who elects to be exempt from the

2862

provisions of this chapter, as otherwise permitted by this

2863

chapter. Such officer is not an employee for any reason until

2864

the notice of revocation of election filed pursuant to s. 440.05

2865

is effective.

2866

9. An exercise rider who does not work for a single horse

2867

farm or breeder, and who is compensated for riding on a case-by-

2868

case basis, provided a written contract is entered into prior to

2869

the commencement of such activity which evidences that an

2870

employee/employer relationship does not exist.

2871

10. A taxicab, limousine, or other passenger vehicle-for-

2872

hire driver who operates said vehicles pursuant to a written

2873

agreement with a company which provides any dispatch, marketing,

2874

insurance, communications, or other services under which the

2875

driver and any fees or charges paid by the driver to the company

2876

for such services are not conditioned upon, or expressed as a

2877

proportion of, fare revenues.

2878

11. A person who performs services as a sports official

2879

for an entity sponsoring an interscholastic sports event or for

2880

a public entity or private, nonprofit organization that sponsors

2881

an amateur sports event. For purposes of this subparagraph, such

2882

a person is an independent contractor. For purposes of this

2883

subparagraph, the term "sports official" means any person who is

2884

a neutral participant in a sports event, including, but not

2885

limited to, umpires, referees, judges, linespersons,

2886

scorekeepers, or timekeepers. This subparagraph does not apply

2887

to any person employed by a district school board who serves as

2888

a sports official as required by the employing school board or

2889

who serves as a sports official as part of his or her

2890

responsibilities during normal school hours.

2891

12. Medicaid-enrolled clients under chapter 393 who are

2892

excluded from the definition of employment under s.

2893

443.1216(4)(d) ~~443.036(21)(d)5.~~ and served by Adult Day Training

2894

Services under the Home and Community-Based Medicaid Waiver

2895

program in a sheltered workshop setting licensed by the United

2896

States Department of Labor for the purpose of training and

2897

earning less than the federal hourly minimum wage.

2898

2899

Reviser's note.--Amended to conform to the repeal of

2900

s. 443.036(21)(d)5. by s. 17, ch. 2003-36, Laws of

2901

Florida. Substantially similar material appears in s.

2902

443.1216(4)(d) created by s. 30, ch. 2003-36.

2903

2904

Section 60. Paragraph (p) of subsection (5) of section

2905

440.102, Florida Statutes, is amended to read:

2906

440.102 Drug-free workplace program requirements.--The

2907

following provisions apply to a drug-free workplace program

2908

implemented pursuant to law or to rules adopted by the Agency

2909

for Health Care Administration:

2910

(5) PROCEDURES AND EMPLOYEE PROTECTION.--All specimen

2911

collection and testing for drugs under this section shall be

2912

performed in accordance with the following procedures:

2913

(p) All authorized remedial treatment, care, and

2914

attendance provided by a health care provider to an injured

2915

employee before medical and indemnity benefits are denied under

2916

this section must be paid for by the carrier or self-insurer.

2917

However, the carrier or self-insurer must have given reasonable

2918

notice to all affected health care providers that payment for

2919

treatment, care, and attendance provided to the employee after a

2920

future date certain will be denied. A health care provider, as

2921

defined in s. 440.13(1)(h) ~~440.13(1)(i)~~, that refuses, without

2922

good cause, to continue treatment, care, and attendance before

2923

the provider receives notice of benefit denial commits a

2924

misdemeanor of the second degree, punishable as provided in s.

2925

775.082 or s. 775.083.

2926

2927

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

2928

redesignation of s. 440.13(1)(i) as s. 440.13(1)(h) by

2929

s. 15, ch. 2003-412, Laws of Florida.

2930

2931

Section 61. Subsection (4) of section 440.14, Florida

2932

Statutes, is amended to read:

2933

440.14 Determination of pay.--

2934

(4) Upon termination of the employee or upon termination

2935

of the payment of fringe benefits of any employee who is

2936

collecting indemnity benefits pursuant to s. 440.15(2) or (3),

2937

the employer shall within 7 days of such termination file a

2938

corrected 13-week wage statement reflecting the wages paid and

2939

the fringe benefits that had been paid to the injured employee,

2940

as provided in s. 440.02(28) ~~440.02(27)~~.

2941

2942

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

2943

redesignation of s. 440.02(27) as s. 440.02(28) by s.

2944

11, ch. 2002-194, Laws of Florida.

2945

2946

Section 62. Paragraph (b) of subsection (3) of section

2947

440.15, Florida Statutes, is amended to read:

2948

440.15 Compensation for disability.--Compensation for

2949

disability shall be paid to the employee, subject to the limits

2950

provided in s. 440.12(2), as follows:

2951

(3) PERMANENT IMPAIRMENT BENEFITS.--

2952

(b) The three-member panel, in cooperation with the

2953

department, shall establish and use a uniform permanent

2954

impairment rating schedule. This schedule must be based on

2955

medically or scientifically demonstrable findings as well as the

2956

systems and criteria set forth in the American Medical

2957

Association's Guides to the Evaluation of Permanent Impairment;

2958

the Snellen Charts, published by the American Medical

2959

Association Committee for Eye Injuries; and the Minnesota

2960

Department of Labor and Industry Disability Schedules. The

2961

schedule must be based upon objective findings. The schedule

2962

shall be more comprehensive than the AMA Guides to the

2963

Evaluation of Permanent Impairment and shall expand the areas

2964

already addressed and address additional areas not currently

2965

contained in the guides. On August 1, 1979, and pending the

2966

adoption, by rule, of a permanent schedule, Guides to the

2967

2968

by the American Medical Association, shall be the temporary

2969

schedule and shall be used for the purposes hereof. For injuries

2970

after July 1, 1990, pending the adoption by rule of a uniform

2971

disability rating agency schedule, the Minnesota Department of

2972

Labor and Industry Disability Schedule shall be used unless that

2973

schedule does not address an injury. In such case, the Guides to

2974

the Evaluation of Permanent Impairment by the American Medical

2975

Association shall be used. Determination of permanent impairment

2976

under this schedule must be made by a physician licensed under

2977

chapter 458, a doctor of osteopathic medicine licensed under

2978

chapters 458 and 459, a chiropractic physician licensed under

2979

chapter 460, a podiatric physician licensed under chapter 461,

2980

an optometrist licensed under chapter 463, or a dentist licensed

2981

under chapter 466, as appropriate considering the nature of the

2982

injury. No other persons are authorized to render opinions

2983

regarding the existence of or the extent of permanent

2984

impairment.

2985

2986

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

2987

facilitate correct interpretation.

2988

2989

Section 63. Paragraph (b) of subsection (3) and paragraph

2990

(h) of subsection (4) of section 440.25, Florida Statutes, are

2991

amended to read:

2992

440.25 Procedures for mediation and hearings.--

2993

(3) Such mediation conference shall be conducted

2994

informally and does not require the use of formal rules of

2995

evidence or procedure. Any information from the files, reports,

2996

case summaries, mediator's notes, or other communications or

2997

materials, oral or written, relating to a mediation conference

2998

under this section obtained by any person performing mediation

2999

duties is privileged and confidential and may not be disclosed

3000

without the written consent of all parties to the conference.

3001

Any research or evaluation effort directed at assessing the

3002

mediation program activities or performance must protect the

3003

confidentiality of such information. Each party to a mediation

3004

conference has a privilege during and after the conference to

3005

refuse to disclose and to prevent another from disclosing

3006

communications made during the conference whether or not the

3007

contested issues are successfully resolved. This subsection and

3008

paragraphs (4)(a) and (b) shall not be construed to prevent or

3009

inhibit the discovery or admissibility of any information that

3010

is otherwise subject to discovery or that is admissible under

3011

applicable law or rule of procedure, except that any conduct or

3012

statements made during a mediation conference or in negotiations

3013

concerning the conference are inadmissible in any proceeding

3014

under this chapter.

3015

(b) With respect to any private mediation, if the parties

3016

agree or if mediators are not available under paragraph (a),

3017

pursuant to notice from the judge of compensation claims, to

3018

conduct the required mediation within the period specified in

3019

this section, the parties shall hold a mediation conference at

3020

the carrier's expense within the 130-day period set for

3021

mediation. The mediation conference shall be conducted by a

3022

mediator certified under s. 44.106. If the parties do not agree

3023

upon a mediator within 10 days after the date of the order, the

3024

claimant shall notify the judge in writing and the judge shall

3025

appoint a mediator under this paragraph ~~subparagraph~~ within 7

3026

days. In the event both parties agree, the results of the

3027

mediation conference shall be binding and neither party shall

3028

have a right to appeal the results. In the event either party

3029

refuses to agree to the results of the mediation conference, the

3030

results of the mediation conference as well as the testimony,

3031

witnesses, and evidence presented at the conference shall not be

3032

admissible at any subsequent proceeding on the claim. The

3033

mediator shall not be called in to testify or give deposition to

3034

resolve any claim for any hearing before the judge of

3035

compensation claims. The employer may be represented by an

3036

attorney at the mediation conference if the employee is also

3037

represented by an attorney at the mediation conference.

3038

(4)

3039

(h) To further expedite dispute resolution and to enhance

3040

the self-executing features of the system, those petitions filed

3041

in accordance with s. 440.192 that involve a claim for benefits

3042

of $5,000 or less shall, in the absence of compelling evidence

3043

to the contrary, be presumed to be appropriate for expedited

3044

resolution under this paragraph; and any other claim filed in

3045

accordance with s. 440.192, upon the written agreement of both

3046

parties and application by either party, may similarly be

3047

resolved under this paragraph. A claim in a petition of or

3048

$5,000 or less for medical benefits only or a petition for

3049

reimbursement for mileage for medical purposes shall, in the

3050

absence of compelling evidence to the contrary, be resolved

3051

through the expedited dispute resolution process provided in

3052

this paragraph. For purposes of expedited resolution pursuant to

3053

this paragraph, the Deputy Chief Judge shall make provision by

3054

rule or order for expedited and limited discovery and expedited

3055

docketing in such cases. At least 15 days prior to hearing, the

3056

parties shall exchange and file with the judge of compensation

3057

claims a pretrial outline of all issues, defenses, and witnesses

3058

on a form adopted by the Deputy Chief Judge; provided, in no

3059

event shall such hearing be held without 15 days' written notice

3060

to all parties. No pretrial hearing shall be held and no

3061

mediation scheduled unless requested by a party. The judge of

3062

compensation claims shall limit all argument and presentation of

3063

evidence at the hearing to a maximum of 30 minutes, and such

3064

hearings shall not exceed 30 minutes in length. Neither party

3065

shall be required to be represented by counsel. The employer or

3066

carrier may be represented by an adjuster or other qualified

3067

representative. The employer or carrier and any witness may

3068

appear at such hearing by telephone. The rules of evidence shall

3069

be liberally construed in favor of allowing introduction of

3070

evidence.

3071

3072

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

3073

conform to the redesignation of subparagraph 2. as

3074

paragraph (b) by s. 25, ch. 2003-412, Laws of Florida.

3075

Paragraph (4)(h) is amended to facilitate correct

3076

interpretation.

3077

3078

Section 64. Subsection (3) of section 440.33, Florida

3079

Statutes, is amended to read:

3080

440.33 Powers of judges of compensation claims.--

3081

(3) Before adjudicating a claim for permanent total

3082

disability benefits, the judge of compensation claims may

3083

request an evaluation pursuant to s. 440.491(6) ~~440.49(1)(a)~~ for

3084

the purpose of assisting the judge of compensation claims in the

3085

determination of whether there is a reasonable probability that,

3086

with appropriate training or education, the employee may be

3087

rehabilitated to the extent that such employee can achieve

3088

suitable gainful employment and whether it is in the best

3089

interest of the employee to undertake such training or

3090

education.

3091

3092

Reviser's note.--Amended to conform to the repeal of

3093

s. 440.49(1), relating to rehabilitation, by s. 43,

3094

ch. 93-415, Laws of Florida, and the enactment of

3095

similar language in s. 440.491(6) by s. 44, ch. 93-

3096

415.

3097

3098

Section 65. Paragraph (a) of subsection (1) of section

3099

440.385, Florida Statutes, is amended to read:

3100

440.385 Florida Self-Insurers Guaranty Association,

3101

Incorporated.--

3102

(1) CREATION OF ASSOCIATION.--

3103

(a) There is created a nonprofit corporation to be known

3104

as the "Florida Self-Insurers Guaranty Association,

3105

Incorporated," hereinafter referred to as "the association."

3106

Upon incorporation of the association, all individual self-

3107

insurers as defined in ss. 440.02(24)(a) ~~440.02(23)(a)~~ and

3108

440.38(1)(b), other than individual self-insurers which are

3109

public utilities or governmental entities, shall be members of

3110

the association as a condition of their authority to

3111

individually self-insure in this state. The association shall

3112

perform its functions under a plan of operation as established

3113

and approved under subsection (5) and shall exercise its powers

3114

and duties through a board of directors as established under

3115

subsection (2). The association shall have those powers granted

3116

or permitted corporations not for profit, as provided in chapter

3117

617. The activities of the association shall be subject to

3118

review by the department. The department shall have oversight

3119

responsibility as set forth in this section. The association is

3120

specifically authorized to enter into agreements with this state

3121

to perform specified services.

3122

3123

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

3124

redesignation of s. 440.02(23)(a) as s. 440.02(24)(a)

3125

by s. 11, ch. 2002-194, Laws of Florida.

3126

3127

Section 66. Paragraph (b) of subsection (1) and paragraph

3128

3129

amended to read:

3130

440.45 Office of the Judges of Compensation Claims.--

3131

(1)

3132

(b) ~~The current term of the Chief Judge of Compensation~~

3133

~~Claims shall expire October 1, 2001.~~ Effective October 1, 2001,

3134

the position of Deputy Chief Judge of Compensation Claims is

3135

created.

3136

(2)

3137

3138

for a term of 4 years, but during the term of office may be

3139

removed by the Governor for cause. Prior to the expiration of a

3140

judge's term of office, the statewide nominating commission

3141

shall review the judge's conduct and determine whether the

3142

judge's performance is satisfactory. Effective July 1, 2002, in

3143

determining whether a judge's performance is satisfactory, the

3144

commission shall consider the extent to which the judge has met

3145

the requirements of this chapter, including, but not limited to,

3146

the requirements of ss. 440.25(1) and (4)(a)-(e) ~~440.25(1) and~~

3147

~~(4)(a)-(f)~~, 440.34(2), and 440.442. If the judge's performance

3148

is deemed satisfactory, the commission shall report its finding

3149

to the Governor no later than 6 months prior to the expiration

3150

of the judge's term of office. The Governor shall review the

3151

commission's report and may reappoint the judge for an

3152

additional 4-year term. If the Governor does not reappoint the

3153

judge, the Governor shall inform the commission. The judge shall

3154

remain in office until the Governor has appointed a successor

3155

judge in accordance with paragraphs (a) and (b). If a vacancy

3156

occurs during a judge's unexpired term, the statewide nominating

3157

commission does not find the judge's performance is

3158

satisfactory, or the Governor does not reappoint the judge, the

3159

Governor shall appoint a successor judge for a term of 4 years

3160

in accordance with paragraph (b).

3161

3162

Reviser's note.--Paragraph (1)(b) is amended to delete

3163

an obsolete provision relating to the term of the

3164

Chief Judge of Compensation Claims. Paragraph (2)(c)

3165

is amended to conform to the repeal of s. 440.25(4)(f)

3166

by s. 25, ch. 2003-412, Laws of Florida.

3167

3168

Section 67. Paragraph (a) of subsection (6) of section

3169

440.491, Florida Statutes, is amended to read:

3170

440.491 Reemployment of injured workers; rehabilitation.--

3171

(6) TRAINING AND EDUCATION.--

3172

(a) Upon referral of an injured employee by the carrier,

3173

or upon the request of an injured employee, the department shall

3174

conduct a training and education screening to determine whether

3175

it should refer the employee for a vocational evaluation and, if

3176

appropriate, approve training and education or other vocational

3177

services for the employee. The department may not approve formal

3178

training and education programs unless it determines, after

3179

consideration of the reemployment assessment, pertinent

3180

reemployment status reviews or reports, and such other relevant

3181

factors as it prescribes by rule, that the reemployment plan is

3182

likely to result in return to suitable gainful employment. The

3183

department is authorized to expend moneys from the Workers'

3184

Compensation Administration Trust Fund, established by s.

3185

440.50, to secure appropriate training and education at a

3186

community college as designated in s. 1000.21(3) ~~established~~

3187

~~under part III of chapter 240~~ or at a vocational-technical

3188

school established under s. 1001.44 ~~230.63~~, or to secure other

3189

vocational services when necessary to satisfy the recommendation

3190

of a vocational evaluator. As used in this paragraph,

3191

"appropriate training and education" includes securing a general

3192

education diploma (GED), if necessary. The department shall

3193

establish training and education standards pertaining to

3194

employee eligibility, course curricula and duration, and

3195

associated costs.

3196

3197

Reviser's note.--Amended to conform to the repeal of

3198

part III of chapter 240 by s. 1058, ch. 2002-387, Laws

3199

of Florida, and the enactment of similar material at

3200

part III of chapter 1001, and the repeal of s. 230.63

3201

by s. 1058, ch. 2002-387, and the creation of similar

3202

material at s. 1001.44.

3203

3204

Section 68. Section 440.515, Florida Statutes, is amended

3205

to read:

3206

440.515 Reports from self-insurers; confidentiality.--The

3207

department shall maintain the reports filed in accordance with

3208

former s. 440.51(6)(b) as confidential and exempt from the

3209

provisions of s. 119.07(1), and such reports shall be released

3210

only for bona fide research or educational purposes or after

3211

receipt of consent from the employer.

3212

3213

Reviser's note.--Amended to conform to the repeal of

3214

s. 440.51(6)(b) by s. 5, ch. 2002-262, Laws of

3215

Florida.

3216

3217

Section 69. Subsection (3) of section 440.60, Florida

3218

Statutes, is amended to read:

3219

440.60 Application of laws.--

3220

(3) All acts or proceedings performed by or on behalf of

3221

the former Division of Workers' Compensation of the Department

3222

of Labor and Employment Security or the employer, or in which

3223

the division or the employer was a party under s. 440.15(1) and

3224

(3) between October 1, 1974, and July 10, 1987, are ratified and

3225

validated in all respects if such acts or proceedings would have

3226

been valid if chapter 87-330, Laws of Florida, had been in

3227

effect at the time such acts or proceedings were performed.

3228

3229

Reviser's note.--Amended to conform to the fact that

3230

the Division of Workers' Compensation of the

3231

Department of Labor and Employment Security no longer

3232

exists.

3233

3234

Section 70. Subsection (2) of section 443.1215, Florida

3235

Statutes, is amended to read:

3236

443.1215 Employers.--

3237

(2)(a) In determining whether an employing unit for which

3238

service, other than domestic service, is also performed is an

3239

employer under paragraph (1)(a) ~~(a)~~, paragraph (1)(b) ~~(b)~~,

3240

paragraph (1)(c) ~~(c)~~, or subparagraph (1)(d)1. ~~(d)1.~~, the wages

3241

earned or the employment of an employee performing domestic

3242

service may not be taken into account.

3243

(b) In determining whether an employing unit for which

3244

service, other than agricultural labor, is also performed is an

3245

employer under paragraph (1)(a) ~~(a)~~, paragraph (1)(b) ~~(b)~~,

3246

paragraph (1)(c) ~~(c)~~, or subparagraph (1)(d)2. ~~(d)1.~~, the wages

3247

earned or the employment of an employee performing service in

3248

agricultural labor may not be taken into account. If an

3249

employing unit is determined to be an employer of agricultural

3250

labor, the employing unit is considered an employer for purposes

3251

of subsection (1).

3252

3253

Reviser's note.--Amended to clarify that the cited

3254

paragraphs are within subsection (1), not subsection

3255

(2). Paragraph (2)(b) is also amended to correct an

3256

incorrect reference to "subparagraph (d)1." that was

3257

correct in the previous version of this material (in

3258

s. 443.036, 2002 Florida Statutes) and to conform to

3259

context.

3260

3261

Section 71. Section 455.2125, Florida Statutes, is amended

3262

to read:

3263

455.2125 Consultation with postsecondary education boards

3264

prior to adoption of changes to training requirements.--Any

3265

state agency or board that has jurisdiction over the regulation

3266

of a profession or occupation shall consult with the Commission

3267

for Independent Education ~~State Board of Independent Colleges~~

3268

~~and Universities, the State Board of Nonpublic Career Education~~,

3269

the Board of Regents, and the State Board of Community Colleges

3270

prior to adopting any changes to training requirements relating

3271

to entry into the profession or occupation. This consultation

3272

must allow the educational board to provide advice regarding the

3273

impact of the proposed changes in terms of the length of time

3274

necessary to complete the training program and the fiscal impact

3275

of the changes. The educational board must be consulted only

3276

when an institution offering the training program falls under

3277

its jurisdiction.

3278

3279

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

3280

facilitate correct interpretation. Section 246.031,

3281

which created the State Board of Independent Colleges

3282

and Universities, was repealed by s. 1058, ch. 2002-

3283

387, Laws of Florida. The Commission for Independent

3284

Education, established in s. 1005.21, regulates

3285

independent postsecondary institutions under s.

3286

1005.22. Section 246.205, which established the State

3287

Board of Nonpublic Career Education, was repealed by

3288

s. 1058, ch. 2002-387.

3289

3290

Section 72. Section 456.028, Florida Statutes, is amended

3291

to read:

3292

456.028 Consultation with postsecondary education boards

3293

prior to adoption of changes to training requirements.--Any

3294

state agency or board that has jurisdiction over the regulation

3295

of a profession or occupation shall consult with the Commission

3296

for Independent Education ~~State Board of Independent Colleges~~

3297

~~and Universities, the State Board of Nonpublic Career Education~~,

3298

the Board of Regents, and the State Board of Community Colleges

3299

prior to adopting any changes to training requirements relating

3300

to entry into the profession or occupation. This consultation

3301

must allow the educational board to provide advice regarding the

3302

impact of the proposed changes in terms of the length of time

3303

necessary to complete the training program and the fiscal impact

3304

of the changes. The educational board must be consulted only

3305

when an institution offering the training program falls under

3306

its jurisdiction.

3307

3308

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

3309

facilitate correct interpretation. Section 246.031,

3310

which created the State Board of Independent Colleges

3311

and Universities, was repealed by s. 1058, ch. 2002-

3312

387, Laws of Florida. The Commission for Independent

3313

Education, established in s. 1005.21, regulates

3314

independent postsecondary institutions under s.

3315

1005.22. Section 246.205, which established the State

3316

Board of Nonpublic Career Education, was repealed by

3317

s. 1058, ch. 2002-387.

3318

3319

Section 73. Paragraph (a) of subsection (2) of section

3320

456.048, Florida Statutes, is amended to read:

3321

456.048 Financial responsibility requirements for certain

3322

health care practitioners.--

3323

(2) The board or department may grant exemptions upon

3324

application by practitioners meeting any of the following

3325

criteria:

3326

(a) Any person licensed under chapter 457, chapter 460,

3327

chapter 461, s. 464.012, chapter 466, or chapter 467 who

3328

practices exclusively as an officer, employee, or agent of the

3329

Federal Government or of the state or its agencies or its

3330

subdivisions. For the purposes of this subsection, an agent of

3331

the state, its agencies, or its subdivisions is a person who is

3332

eligible for coverage under any self-insurance or insurance

3333

program authorized by the provisions of s. 768.28(16) ~~768.28(15)~~

3334

or who is a volunteer under s. 110.501(1).

3335

3336

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

3337

redesignation of s. 768.28(15) as s. 768.28(16) by s.

3338

67, ch. 2003-416, Laws of Florida.

3339

3340

Section 74. Subsection (1) of section 456.051, Florida

3341

Statutes, is amended to read:

3342

456.051 Reports of professional liability actions;

3343

bankruptcies; Department of Health's responsibility to

3344

provide.--

3345

(1) The report of a claim or action for damages for

3346

personal injury which is required to be provided to the

3347

Department of Health under s. 456.049 or s. 627.912 is public

3348

information except for the name of the claimant or injured

3349

person, which remains confidential as provided in s. ~~ss.~~

3350

~~456.049(2)(d) and~~ 627.912(2)(e). The Department of Health shall,

3351

upon request, make such report available to any person. The

3352

department shall make such report available as a part of the

3353

practitioner's profile within 30 calendar days after receipt.

3354

3355

Reviser's note.--Amended to conform to the repeal of

3356

s. 456.049(2)(d) by s. 16, ch. 2003-416, Laws of

3357

Florida.

3358

3359

Section 75. Paragraphs (a) and (f) of subsection (5) of

3360

section 458.320, Florida Statutes, are amended to read:

3361

458.320 Financial responsibility.--

3362

(5) The requirements of subsections (1), (2), and (3) do

3363

not apply to:

3364

(a) Any person licensed under this chapter who practices

3365

medicine exclusively as an officer, employee, or agent of the

3366

Federal Government or of the state or its agencies or its

3367

subdivisions. For the purposes of this subsection, an agent of

3368

the state, its agencies, or its subdivisions is a person who is

3369

eligible for coverage under any self-insurance or insurance

3370

program authorized by the provisions of s. 768.28(16)

3371

~~768.28(15)~~.

3372

(f) Any person holding an active license under this

3373

chapter who meets all of the following criteria:

3374

1. The licensee has held an active license to practice in

3375

this state or another state or some combination thereof for more

3376

than 15 years.

3377

2. The licensee has either retired from the practice of

3378

medicine or maintains a part-time practice of no more than 1,000

3379

patient contact hours per year.

3380

3. The licensee has had no more than two claims for

3381

medical malpractice resulting in an indemnity exceeding $25,000

3382

within the previous 5-year period.

3383

4. The licensee has not been convicted of, or pled guilty

3384

or nolo contendere to, any criminal violation specified in this

3385

chapter or the medical practice act of any other state.

3386

5. The licensee has not been subject within the last 10

3387

years of practice to license revocation or suspension for any

3388

period of time; probation for a period of 3 years or longer; or

3389

a fine of $500 or more for a violation of this chapter or the

3390

medical practice act of another jurisdiction. The regulatory

3391

agency's acceptance of a physician's relinquishment of a

3392

license, stipulation, consent order, or other settlement,

3393

offered in response to or in anticipation of the filing of

3394

administrative charges against the physician's license,

3395

constitutes action against the physician's license for the

3396

purposes of this paragraph.

3397

6. The licensee has submitted a form supplying necessary

3398

information as required by the department and an affidavit

3399

affirming compliance with this paragraph.

3400

7. The licensee must submit biennially to the department

3401

certification stating compliance with the provisions of this

3402

paragraph. The licensee must, upon request, demonstrate to the

3403

department information verifying compliance with this paragraph.

3404

3405

A licensee who meets the requirements of this paragraph must

3406

post notice in the form of a sign prominently displayed in the

3407

reception area and clearly noticeable by all patients or provide

3408

a written statement to any person to whom medical services are

3409

being provided. The sign or statement must read as follows ~~that~~:

3410

"Under Florida law, physicians are generally required to carry

3411

medical malpractice insurance or otherwise demonstrate financial

3412

responsibility to cover potential claims for medical

3413

malpractice. However, certain part-time physicians who meet

3414

state requirements are exempt from the financial responsibility

3415

law. YOUR DOCTOR MEETS THESE REQUIREMENTS AND HAS DECIDED NOT TO

3416

CARRY MEDICAL MALPRACTICE INSURANCE. This notice is provided

3417

pursuant to Florida law."

3418

3419

Reviser's note.--Paragraph (5)(a) is amended to

3420

conform to the redesignation of s. 768.28(15) as s.

3421

768.28(16) by s. 67, ch. 2003-416, Laws of Florida.

3422

Paragraph (5)(f) is amended to improve clarity and

3423

facilitate correct interpretation.

3424

3425

Section 76. Paragraph (b) of subsection (7) of section

3426

458.347, Florida Statutes, is amended to read:

3427

458.347 Physician assistants.--

3428

(7) PHYSICIAN ASSISTANT LICENSURE.--

3429

(b)1. Notwithstanding subparagraph (a)2. and sub-

3430

subparagraph (a)3.a., the department shall examine each

3431

applicant who the Board of Medicine certifies:

3432

a. Has completed the application form and remitted a

3433

nonrefundable application fee not to exceed $500 and an

3434

examination fee not to exceed $300, plus the actual cost to the

3435

department to provide the examination. The examination fee is

3436

refundable if the applicant is found to be ineligible to take

3437

the examination. The department shall not require the applicant

3438

to pass a separate practical component of the examination. For

3439

examinations given after July 1, 1998, competencies measured

3440

through practical examinations shall be incorporated into the

3441

written examination through a multiple-choice format. The

3442

department shall translate the examination into the native

3443

language of any applicant who requests and agrees to pay all

3444

costs of such translation, provided that the translation request

3445

is filed with the board office no later than 9 months before the

3446

scheduled examination and the applicant remits translation fees

3447

as specified by the department no later than 6 months before the

3448

scheduled examination, and provided that the applicant

3449

demonstrates to the department the ability to communicate orally

3450

in basic English. If the applicant is unable to pay translation

3451

costs, the applicant may take the next available examination in

3452

English if the applicant submits a request in writing by the

3453

application deadline and if the applicant is otherwise eligible

3454

under this section. To demonstrate the ability to communicate

3455

orally in basic English, a passing score or grade is required,

3456

as determined by the department or organization that developed

3457

it, on the test for spoken English (TSE) by the Educational

3458

Testing Service (ETS), the test of English as a foreign language

3459

(TOEFL) by ETS, a high school or college level English course,

3460

or the English examination for citizenship, Bureau of

3461

Citizenship and Immigration Services ~~Immigration and~~

3462

~~Naturalization Service~~. A notarized copy of an Educational

3463

Commission for Foreign Medical Graduates (ECFMG) certificate may

3464

also be used to demonstrate the ability to communicate in basic

3465

English; and

3466

b.(I) Is an unlicensed physician who graduated from a

3467

foreign medical school listed with the World Health Organization

3468

who has not previously taken and failed the examination of the

3469

National Commission on Certification of Physician Assistants and

3470

who has been certified by the Board of Medicine as having met

3471

the requirements for licensure as a medical doctor by

3472

examination as set forth in s. 458.311(1), (3), (4), and (5),

3473

with the exception that the applicant is not required to have

3474

completed an approved residency of at least 1 year and the

3475

applicant is not required to have passed the licensing

3476

examination specified under s. 458.311 or hold a valid, active

3477

certificate issued by the Educational Commission for Foreign

3478

Medical Graduates; was eligible and made initial application for

3479

certification as a physician assistant in this state between

3480

July 1, 1990, and June 30, 1991; and was a resident of this

3481

state on July 1, 1990, or was licensed or certified in any state

3482

in the United States as a physician assistant on July 1, 1990;

3483

3484

(II) Completed all coursework requirements of the Master

3485

of Medical Science Physician Assistant Program offered through

3486

the Florida College of Physician's Assistants prior to its

3487

closure in August of 1996. Prior to taking the examination, such

3488

applicant must successfully complete any clinical rotations that

3489

were not completed under such program prior to its termination

3490

and any additional clinical rotations with an appropriate

3491

physician assistant preceptor, not to exceed 6 months, that are

3492

determined necessary by the council. The boards shall determine,

3493

based on recommendations from the council, the facilities under

3494

which such incomplete or additional clinical rotations may be

3495

completed and shall also determine what constitutes successful

3496

completion thereof, provided such requirements are comparable to

3497

those established by accredited physician assistant programs.

3498

This sub-sub-subparagraph is repealed July 1, 2001.

3499

2. The department may grant temporary licensure to an

3500

applicant who meets the requirements of subparagraph 1. Between

3501

meetings of the council, the department may grant temporary

3502

licensure to practice based on the completion of all temporary

3503

licensure requirements. All such administratively issued

3504

licenses shall be reviewed and acted on at the next regular

3505

meeting of the council. A temporary license expires 30 days

3506

after receipt and notice of scores to the licenseholder from the

3507

first available examination specified in subparagraph 1.

3508

following licensure by the department. An applicant who fails

3509

the proficiency examination is no longer temporarily licensed,

3510

but may apply for a one-time extension of temporary licensure

3511

after reapplying for the next available examination. Extended

3512

licensure shall expire upon failure of the licenseholder to sit

3513

for the next available examination or upon receipt and notice of

3514

scores to the licenseholder from such examination.

3515

3. Notwithstanding any other provision of law, the

3516

examination specified pursuant to subparagraph 1. shall be

3517

administered by the department only five times. Applicants

3518

certified by the board for examination shall receive at least 6

3519

months' notice of eligibility prior to the administration of the

3520

initial examination. Subsequent examinations shall be

3521

administered at 1-year intervals following the reporting of the

3522

scores of the first and subsequent examinations. For the

3523

purposes of this paragraph, the department may develop, contract

3524

for the development of, purchase, or approve an examination that

3525

adequately measures an applicant's ability to practice with

3526

reasonable skill and safety. The minimum passing score on the

3527

examination shall be established by the department, with the

3528

advice of the board. Those applicants failing to pass that

3529

examination or any subsequent examination shall receive notice

3530

of the administration of the next examination with the notice of

3531

scores following such examination. Any applicant who passes the

3532

examination and meets the requirements of this section shall be

3533

licensed as a physician assistant with all rights defined

3534

thereby.

3535

3536

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

3537

redesignation of the Immigration and Naturalization

3538

Service pursuant to its transfer to the Department of

3539

Homeland Security by s. 451, Pub. L. No. 107-296.

3540

3541

Section 77. Paragraph (a) of subsection (5) of section

3542

459.0085, Florida Statutes, is amended to read:

3543

459.0085 Financial responsibility.--

3544

(5) The requirements of subsections (1), (2), and (3) do

3545

not apply to:

3546

(a) Any person licensed under this chapter who practices

3547

medicine exclusively as an officer, employee, or agent of the

3548

Federal Government or of the state or its agencies or its

3549

subdivisions. For the purposes of this subsection, an agent of

3550

the state, its agencies, or its subdivisions is a person who is

3551

eligible for coverage under any self-insurance or insurance

3552

program authorized by the provisions of s. 768.28(16)

3553

~~768.28(15)~~.

3554

3555

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

3556

redesignation of s. 768.28(15) as s. 768.28(16) by s.

3557

67, ch. 2003-416, Laws of Florida.

3558

3559

Section 78. Paragraph (j) of subsection (1) of section

3560

475.01, Florida Statutes, is amended to read:

3561

475.01 Definitions.--

3562

(1) As used in this part:

3563

(j) "Sales associate" means a person who performs any act

3564

specified in the definition of "broker," but who performs such

3565

act under the direction, control, or management of another

3566

person. A sales associate ~~salesperson~~ renders a professional

3567

service and is a professional within the meaning of s.

3568

95.11(4)(a).

3569

3570

Reviser's note.--Amended to conform to s. 22, ch.

3571

2003-164, Laws of Florida, which redesignated

3572

salespersons as sales associates.

3573

3574

Section 79. Paragraph (c) of subsection (2), paragraph (c)

3575

of subsection (3), and paragraph (c) of subsection (4) of

3576

section 475.278, Florida Statutes, are amended to read:

3577

475.278 Authorized brokerage relationships; presumption of

3578

transaction brokerage; required disclosures.--

3579

(2) TRANSACTION BROKER RELATIONSHIP.--

3580

3581

under paragraph (b) must include the following information in

3582

the following form:

3583

IMPORTANT NOTICE

3584

3585

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS

3586

NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.

3587

3588

You should not assume that any real estate broker or sales

3589

associate ~~salesperson~~ represents you unless you agree to engage

3590

a real estate licensee in an authorized brokerage relationship,

3591

either as a single agent or as a transaction broker. You are

3592

advised not to disclose any information you want to be held in

3593

confidence until you make a decision on representation.

3594

3595

TRANSACTION BROKER NOTICE

3596

3597

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS

3598

TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE

3599

AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION.

3600

3601

As a transaction broker, . . . (insert name of Real Estate Firm

3602

and its Associates) . . . , provides to you a limited form of

3603

representation that includes the following duties:

3604

1. Dealing honestly and fairly;

3605

2. Accounting for all funds;

3606

3. Using skill, care, and diligence in the transaction;

3607

4. Disclosing all known facts that materially affect the

3608

value of residential real property and are not readily

3609

observable to the buyer;

3610

5. Presenting all offers and counteroffers in a timely

3611

manner, unless a party has previously directed the licensee

3612

otherwise in writing;

3613

6. Limited confidentiality, unless waived in writing by a

3614

party. This limited confidentiality will prevent disclosure that

3615

the seller will accept a price less than the asking or listed

3616

price, that the buyer will pay a price greater than the price

3617

submitted in a written offer, of the motivation of any party for

3618

selling or buying property, that a seller or buyer will agree to

3619

financing terms other than those offered, or of any other

3620

information requested by a party to remain confidential; and

3621

7. Any additional duties that are entered into by this or

3622

by separate written agreement.

3623

3624

Limited representation means that a buyer or seller is not

3625

responsible for the acts of the licensee. Additionally, parties

3626

are giving up their rights to the undivided loyalty of the

3627

licensee. This aspect of limited representation allows a

3628

licensee to facilitate a real estate transaction by assisting

3629

both the buyer and the seller, but a licensee will not work to

3630

represent one party to the detriment of the other party when

3631

acting as a transaction broker to both parties.

3632

________

3633

Date

Signature

3634

3635

________

3636

Signature

3637

3638

3639

This paragraph expires July 1, 2008.

3640

(3) SINGLE AGENT RELATIONSHIP.--

3641

3642

1. Single agent duties disclosure.--The notice required

3643

under subparagraph (b)1. must include the following information

3644

in the following form:

3645

IMPORTANT NOTICE

3646

3647

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS

3648

NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.

3649

3650

You should not assume that any real estate broker or sales

3651

associate ~~salesperson~~ represents you unless you agree to engage

3652

a real estate licensee in an authorized brokerage relationship,

3653

either as a single agent or as a transaction broker. You are

3654

advised not to disclose any information you want to be held in

3655

confidence until you make a decision on representation.

3656

SINGLE AGENT NOTICE

3657

3658

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS

3659

SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.

3660

3661

As a single agent, . . . (insert name of Real Estate

3662

Entity and its Associates) . . . owe to you the following

3663

duties:

3664

1. Dealing honestly and fairly;

3665

2. Loyalty;

3666

3. Confidentiality;

3667

4. Obedience;

3668

5. Full disclosure;

3669

6. Accounting for all funds;

3670

7. Skill, care, and diligence in the transaction;

3671

8. Presenting all offers and counteroffers in a timely

3672

manner, unless a party has previously directed the licensee

3673

otherwise in writing; and

3674

9. Disclosing all known facts that materially affect the

3675

value of residential real property and are not readily

3676

observable.

3677

____________

3678

Date

Signature

3679

3680

3681

2. Transition disclosure.--To gain the principal's written

3682

consent to a change in relationship, a licensee must use the

3683

following disclosure:

3684

CONSENT TO TRANSITION TO TRANSACTION BROKER

3685

3686

FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER

3687

OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT

3688

RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER

3689

FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE

3690

TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO

3691

BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP

3692

CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT.

3693

3694

As a transaction broker, . . . (insert name of Real Estate Firm

3695

and its Associates) . . . , provides to you a limited form of

3696

representation that includes the following duties:

3697

1. Dealing honestly and fairly;

3698

2. Accounting for all funds;

3699

3. Using skill, care, and diligence in the transaction;

3700

4. Disclosing all known facts that materially affect the

3701

value of residential real property and are not readily

3702

observable to the buyer;

3703

5. Presenting all offers and counteroffers in a timely

3704

manner, unless a party has previously directed the licensee

3705

otherwise in writing;

3706

6. Limited confidentiality, unless waived in writing by a

3707

party. This limited confidentiality will prevent disclosure that

3708

the seller will accept a price less than the asking or listed

3709

price, that the buyer will pay a price greater than the price

3710

submitted in a written offer, of the motivation of any party for

3711

selling or buying property, that a seller or buyer will agree to

3712

financing terms other than those offered, or of any other

3713

information requested by a party to remain confidential; and

3714

7. Any additional duties that are entered into by this or

3715

by separate written agreement.

3716

3717

Limited representation means that a buyer or seller is not

3718

responsible for the acts of the licensee. Additionally, parties

3719

are giving up their rights to the undivided loyalty of the

3720

licensee. This aspect of limited representation allows a

3721

licensee to facilitate a real estate transaction by assisting

3722

both the buyer and the seller, but a licensee will not work to

3723

represent one party to the detriment of the other party when

3724

acting as a transaction broker to both parties.

3725

3726

________________I agree that my agent may assume the role and

3727

duties of a transaction broker. [must be initialed or signed]

3728

(4) NO BROKERAGE RELATIONSHIP.--

3729

3730

paragraph (b) must include the following information in the

3731

following form:

3732

IMPORTANT NOTICE

3733

3734

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS

3735

NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.

3736

3737

You should not assume that any real estate broker or sales

3738

associate ~~salesperson~~ represents you unless you agree to engage

3739

a real estate licensee in an authorized brokerage relationship,

3740

either as a single agent or as a transaction broker. You are

3741

advised not to disclose any information you want to be held in

3742

confidence until you decide on representation.

3743

NO BROKERAGE RELATIONSHIP NOTICE

3744

3745

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO

3746

BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE

3747

THEIR DUTIES TO SELLERS AND BUYERS.

3748

3749

As a real estate licensee who has no brokerage relationship

3750

with you, . . . (insert name of Real Estate Entity and its

3751

Associates) . . . owe to you the following duties:

3752

3753

1. Dealing honestly and fairly;

3754

2. Disclosing all known facts that materially affect the

3755

value of residential real property which are not readily

3756

observable to the buyer.

3757

3. Accounting for all funds entrusted to the licensee.

3758

3759

. . . (Date) . . . . . . (Signature) . . .

3760

3761

Reviser's note.--Amended to conform to s. 22, ch.

3762

2003-164, Laws of Florida, which redesignated

3763

salespersons as sales associates.

3764

3765

Section 80. Paragraph (f) of subsection (1) and subsection

3766

(2) of section 475.611, Florida Statutes, are amended to read:

3767

475.611 Definitions.--

3768

(1) As used in this part, the term:

3769

(f) "Appraiser" means any person who is a registered

3770

trainee ~~assistant~~ real estate appraiser, licensed real estate

3771

appraiser, or a certified real estate appraiser. An appraiser

3772

renders a professional service and is a professional within the

3773

meaning of s. 95.11(4)(a).

3774

(2) Wherever the word "operate" or "operating" appears in

3775

this part with respect to a registered trainee ~~assistant~~

3776

appraiser, licensed appraiser, or certified appraiser; in any

3777

order, rule, or regulation of the board; in any pleading,

3778

indictment, or information under this part; in any court action

3779

or proceeding; or in any order or judgment of a court, it shall

3780

be deemed to mean the commission of one or more acts described

3781

in this part as constituting or defining a registered trainee

3782

appraiser, licensed appraiser, or certified appraiser, not

3783

including, however, any of the exceptions stated therein. A

3784

single act is sufficient to bring a person within the meaning of

3785

this subsection, and each act, if prohibited herein, constitutes

3786

a separate offense.

3787

3788

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

3789

redesignation of registered assistant appraisers as

3790

registered trainee appraisers by s. 3, ch. 2003-164,

3791

Laws of Florida.

3792

3793

Section 81. Subsection (1) of section 475.6221, Florida

3794

Statutes, is amended to read:

3795

475.6221 Employment of registered trainee real estate

3796

appraisers.--

3797

(1) A registered trainee real estate appraiser must

3798

perform appraisal services under the direct supervision of a

3799

licensed or certified appraiser who is designated as the primary

3800

supervisory appraiser. The primary supervisory appraiser may

3801

also designate additional licensed or certified appraisers as

3802

secondary supervisory appraisers. A secondary supervisory

3803

appraiser must be affiliated with the same firm or business as

3804

the primary supervisory appraiser and the primary or secondary

3805

supervisory appraiser must have the same business address as the

3806

registered trainee ~~assistant~~ real estate appraiser. The primary

3807

supervisory appraiser must notify the Division of Real Estate of

3808

the name and address of any primary and secondary supervisory

3809

appraiser for whom the registered trainee will perform appraisal

3810

services, and must also notify the division within 10 days after

3811

terminating such relationship. Termination of the relationship

3812

with a primary supervisory appraiser automatically terminates

3813

the relationship with the secondary supervisory appraiser.

3814

3815

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

3816

redesignation of registered assistant appraisers as

3817

registered trainee appraisers by s. 3, ch. 2003-164,

3818

Laws of Florida.

3819

3820

Section 82. Subsection (2) of section 487.046, Florida

3821

Statutes, is amended to read:

3822

487.046 Application; licensure.--

3823

(2) If the department finds the applicant qualified in the

3824

classification for which the applicant has applied, and if the

3825

applicant applying for a license to engage in aerial application

3826

of pesticides has met all of the requirements of the Federal

3827

Aviation Administration ~~Agency~~ and the Department of

3828

Transportation of this state to operate the equipment described

3829

in the application and has shown proof of liability insurance or

3830

posted a surety bond in an amount to be set forth by rule of the

3831

department, the department shall issue a certified applicator's

3832

license, limited to the classifications for which the applicant

3833

is qualified. The license shall expire as required by rules

3834

promulgated under this chapter, unless it has been revoked or

3835

suspended by the department prior to expiration, for cause as

3836

provided in this chapter. The license or authorization card

3837

issued by the department verifying licensure shall be kept on

3838

the person of the licensee while performing work as a licensed

3839

applicator.

3840

3841

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

3842

title of the United State Federal Aviation

3843

Administration.

3844

3845

Section 83. Paragraph (f) of subsection (1) of section

3846

493.6106, Florida Statutes, is amended to read:

3847

493.6106 License requirements; posting.--

3848

(1) Each individual licensed by the department must:

3849

(f) Be a citizen or legal resident alien of the United

3850

States or have been granted authorization to seek employment in

3851

this country by the United States Bureau of Citizenship and

3852

Immigration Services ~~Immigration and Naturalization Service~~.

3853

3854

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

3855

redesignation of the Immigration and Naturalization

3856

Service pursuant to its transfer to the Department of

3857

Homeland Security by s. 451, Pub. L. No. 107-296.

3858

3859

Section 84. Section 499.007, Florida Statutes, is

3860

reenacted to read:

3861

499.007 Misbranded drug or device.--A drug or device is

3862

misbranded:

3863

(1) If its labeling is in any way false or misleading.

3864

(2) Unless, if in package form, it bears a label

3865

containing:

3866

(a) The name and place of business of the manufacturer,

3867

repackager, or distributor of the finished dosage form of the

3868

drug. For the purpose of this paragraph, the finished dosage

3869

form of a medicinal drug is that form of the drug which is, or

3870

is intended to be, dispensed or administered to the patient and

3871

requires no further manufacturing or processing other than

3872

packaging, reconstitution, and labeling; and

3873

(b) An accurate statement of the quantity of the contents

3874

in terms of weight, measure, or numerical count; however, under

3875

this section, reasonable variations are permitted, and the

3876

department shall establish by rule exemptions for small

3877

packages.

3878

(3) If any word, statement, or other information required

3879

by or under ss. 499.001-499.081 to appear on the label or

3880

labeling is not prominently placed thereon with such

3881

conspicuousness as compared with other words, statements,

3882

designs, or devices in the labeling, and in such terms, as to

3883

render the word, statement, or other information likely to be

3884

read and understood under customary conditions of purchase and

3885

use.

3886

(4) If it is a drug and is not designated solely by a name

3887

recognized in an official compendium, unless its label bears:

3888

(a) The common or usual name of the drug, if any; and

3889

(b) In case it is fabricated from two or more ingredients,

3890

the common or usual name and quantity of each active ingredient.

3891

(5) Unless its labeling bears:

3892

(a) Adequate directions for use; and

3893

(b) Adequate warnings against use in those pathological

3894

conditions in which its use may be dangerous to health or

3895

against use by children if its use may be dangerous to health,

3896

or against unsafe dosage or methods or duration of

3897

administration or application, in such manner and form as are

3898

necessary for the protection of users.

3899

(6) If it purports to be a drug the name of which is

3900

recognized in the official compendium, unless it is packaged and

3901

labeled as prescribed therein; however, the method of packaging

3902

may be modified with the consent of the department.

3903

(7) If it has been found by the department to be a drug

3904

liable to deterioration, unless it is packaged in such form and

3905

manner, and its label bears a statement of such precautions, as

3906

the department by rule requires as necessary to protect the

3907

public health. Such rule may not be established for any drug

3908

recognized in an official compendium until the department has

3909

informed the appropriate body charged with the revision of such

3910

compendium of the need for such packaging or labeling

3911

requirements and that body has failed within a reasonable time

3912

to prescribe such requirements.

3913

(8) If it is:

3914

(a) A drug and its container or finished dosage form is so

3915

made, formed, or filled as to be misleading;

3916

(b) An imitation of another drug; or

3917

3918

(9) If it is dangerous to health when used in the dosage

3919

or with the frequency or duration prescribed, recommended, or

3920

suggested in the labeling of the drug.

3921

(10) If it is, purports to be, or is represented as a drug

3922

composed wholly or partly of insulin, unless:

3923

(a) It is from a batch with respect to which a certificate

3924

has been issued pursuant to s. 506 of the federal act; and

3925

(b) The certificate is in effect with respect to the drug.

3926

(11) If it is, purports to be, or is represented as a drug

3927

composed wholly or partly of any kind of antibiotic requiring

3928

certification under the federal act unless:

3929

(a) It is from a batch with respect to which a certificate

3930

has been issued pursuant to s. 507 of the federal act; and

3931

(b) The certificate is in effect with respect to the drug;

3932

3933

however, this subsection does not apply to any drug or class of

3934

drugs exempted by regulations adopted under s. 507(c) or (d) of

3935

the federal act.

3936

(12) If it is a drug intended for use by humans which is a

3937

habit-forming drug or which, because of its toxicity or other

3938

potentiality for harmful effect, or the method of its use, or

3939

the collateral measures necessary to its use, is not safe for

3940

use except under the supervision of a practitioner licensed by

3941

law to administer such drugs; or which is limited by an

3942

effective application under s. 505 of the federal act to use

3943

under the professional supervision of a practitioner licensed by

3944

law to prescribe such drug, unless it is dispensed only:

3945

(a) Upon the written prescription of a practitioner

3946

licensed by law to prescribe such drug;

3947

(b) Upon an oral prescription of such practitioner, which

3948

is reduced promptly to writing and filled by the pharmacist; or

3949

3950

such refilling is authorized by the prescriber either in the

3951

original prescription or by oral order which is reduced promptly

3952

to writing and filled by the pharmacist.

3953

3954

This subsection does not relieve any person from any requirement

3955

prescribed by law with respect to controlled substances as

3956

defined in the applicable federal and state laws.

3957

(13) If it is a drug that is subject to paragraph (12)(a),

3958

and if, at any time before it is dispensed, its label fails to

3959

bear the statement:

3960

(a) "Caution: Federal Law Prohibits Dispensing Without

3961

Prescription";

3962

(b) "Rx Only";

3963

3964

3965

(d) "Caution: State Law Prohibits Dispensing Without

3966

Prescription."

3967

(14) If it is a drug that is not subject to paragraph

3968

(12)(a), if at any time before it is dispensed its label bears

3969

the statement of caution required in subsection (13).

3970

(15) If it is a color additive, the intended use of which

3971

in or on drugs is for the purpose of coloring only, unless its

3972

packaging and labeling are in conformity with the packaging and

3973

labeling requirements that apply to such color additive and are

3974

prescribed under the federal act.

3975

3976

A drug dispensed by filling or refilling a written or oral

3977

prescription of a practitioner licensed by law to prescribe such

3978

drug is exempt from the requirements of this section, except

3979

subsections (1), (8), (10), and (11) and the packaging

3980

requirements of subsections (6) and (7), if the drug bears a

3981

label that contains the name and address of the dispenser or

3982

seller, the prescription number and the date the prescription

3983

was written or filled, the name of the prescriber and the name

3984

of the patient, and the directions for use and cautionary

3985

statements. This exemption does not apply to any drug dispensed

3986

in the course of the conduct of a business of dispensing drugs

3987

pursuant to diagnosis by mail or to any drug dispensed in

3988

violation of subsection (12). The department may, by rule,

3989

exempt drugs subject to ss. 499.062-499.064 from subsection (12)

3990

if compliance with that subsection is not necessary to protect

3991

the public health, safety, and welfare.

3992

3993

Reviser's note.--Section 10, ch. 2003-155, Laws of

3994

Florida, amended subsection (2) without publishing the

3995

flush left language at the end of the section. Absent

3996

affirmative evidence of legislative intent to repeal

3997

the flush left language at the end of the section, the

3998

section is reenacted to confirm that the omission was

3999

not intended.

4000

4001

Section 85. Subsection (3) of section 499.01, Florida

4002

Statutes, is amended to read:

4003

499.01 Permits; applications; renewal; general

4004

requirements.--

4005

(3) Notwithstanding subsection (7), a permitted person in

4006

good standing may change the type of permit issued to that

4007

person by completing a new application for the requested permit,

4008

paying the amount of the difference in the permit fees if the

4009

fee for the new permit is more than the fee for the original

4010

permit, and meeting the applicable permitting conditions for the

4011

new permit type. The new permit expires on the expiration date

4012

of the original permit being changed; however, a new permit for

4013

a prescription drug wholesaler, an out-of-state prescription

4014

drug wholesaler, or a retail pharmacy drug wholesaler shall

4015

expire on the expiration date of the original permit or 1 year

4016

after the date of issuance of the new permit, whichever is

4017

earlier. A refund may not be issued if the fee for the new

4018

permit is less than the fee that was paid for the original

4019

permit.

4020

4021

Reviser's note.--Amended to facilitate correct

4022

interpretation.

4023

4024

Section 86. Paragraph (d) of subsection (6) of section

4025

499.0121, Florida Statutes, is amended to read:

4026

499.0121 Storage and handling of prescription drugs;

4027

recordkeeping.--The department shall adopt rules to implement

4028

this section as necessary to protect the public health, safety,

4029

and welfare. Such rules shall include, but not be limited to,

4030

requirements for the storage and handling of prescription drugs

4031

and for the establishment and maintenance of prescription drug

4032

distribution records.

4033

(6) RECORDKEEPING.--The department shall adopt rules that

4034

require keeping such records of prescription drugs as are

4035

necessary for the protection of the public health.

4036

(d)1. Each person who is engaged in the wholesale

4037

distribution of a prescription drug, and who is not an

4038

authorized distributor of record for the drug manufacturer's

4039

products, must provide to each wholesale distributor of such

4040

drug, before the sale is made to such wholesale distributor, a

4041

written statement under oath identifying each previous sale of

4042

the drug back to the last authorized distributor of record, the

4043

lot number of the drug, and the sales invoice number of the

4044

invoice evidencing the sale of the drug. The written statement

4045

must accompany the drug to the next wholesale distributor. The

4046

department shall adopt rules relating to the requirements of

4047

this written statement. This paragraph does not apply to a

4048

manufacturer unless the manufacturer is performing the

4049

manufacturing operation of repackaging prescription drugs.

4050

2. Each wholesale distributor of prescription drugs must

4051

maintain separate and distinct from other required records all

4052

statements that are required under subparagraph 1. and paragraph

4053

(e).

4054

3. Each manufacturer of a prescription drug sold in this

4055

state must maintain at its corporate offices a current list of

4056

authorized distributors and must make such list available to the

4057

department upon request.

4058

4. Each manufacturer shall file a written list of all of

4059

the manufacturer's authorized distributors of record with the

4060

department. A manufacturer shall notify the department not later

4061

than 10 days after any change to the list. The department shall

4062

publish a list of all authorized distributors of record on its

4063

website.

4064

5. For the purposes of this subsection, the term

4065

"authorized distributors of record" means a wholesale

4066

distributor with whom a manufacturer has established an ongoing

4067

relationship to distribute the manufacturer's products.

4068

Effective March 1, 2004, an ongoing relationship is deemed to

4069

exist when a wholesale distributor, including any affiliated

4070

group, as defined in s. 1504 of the Internal Revenue Code, of

4071

which the wholesale distributor is a member:

4072

a. Is listed on the manufacturer's current list of

4073

authorized distributors of record.

4074

b. Annually purchases not less than 90 percent of all of

4075

its purchases of a manufacturer's prescription drug products,

4076

based on dollar volume, directly from that manufacturer and has

4077

total annual prescription drug sales of $100 million or more.

4078

c. Has reported to the department pursuant to s.

4079

499.012(3)(g)2. ~~499.012(2)(g)2.~~ that the wholesale distributor

4080

has total annual prescription drug sales of $100 million or

4081

more, and has a verifiable account number issued by the

4082

manufacturer authorizing the wholesale distributor to purchase

4083

the manufacturer's drug products directly from that manufacturer

4084

and that wholesale distributor makes not fewer than 12 purchases

4085

of that manufacturer's drug products directly from the

4086

manufacturer using said verifiable account number in 12 months.

4087

The provisions of this sub-subparagraph apply with respect to a

4088

manufacturer that fails to file a copy of the manufacturer's

4089

list of authorized distributors of record with the department by

4090

July 1, 2003; that files a list of authorized distributors of

4091

record which contains fewer than 10 wholesale distributors

4092

permitted in this state, excluding the wholesale distributors

4093

described in sub-subparagraph b.; or that, as a result of

4094

changes to the list of authorized distributors of record filed

4095

with the department, has fewer than 10 wholesale distributors

4096

permitted in this state as authorized distributors of record,

4097

excluding the wholesale distributors described in sub-

4098

subparagraph b.

4099

4100

A wholesale distributor that satisfies the requirements of sub-

4101

subparagraph b. or sub-subparagraph c. shall submit to the

4102

department documentation substantiating its qualification

4103

pursuant to sub-subparagraph b. or sub-subparagraph c. The

4104

department shall add those wholesale distributors that the

4105

department has determined have met the requirements of sub-

4106

subparagraph b. or sub-subparagraph c. to the list of authorized

4107

distributors of record on the department's website.

4108

6. This paragraph expires July 1, 2006.

4109

4110

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

4111

Section 499.012(2)(g)2. does not exist, and s.

4112

499.012(3)(g)2. contains contextually consistent

4113

material.

4114

4115

Section 87. Paragraph (b) of subsection (2) of section

4116

499.0122, Florida Statutes, is amended to read:

4117

499.0122 Medical oxygen and veterinary legend drug retail

4118

establishments; definitions, permits, general requirements.--

4119

(2)

4120

(b) The department shall adopt rules relating to

4121

information required from each retail establishment pursuant to

4122

s. 499.01(4) ~~499.01(2)~~, including requirements for prescriptions

4123

or orders.

4124

4125

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

4126

redesignation of s. 499.01(2) as s. 499.01(4) by s.

4127

12, ch. 2003-155, Laws of Florida.

4128

4129

Section 88. Paragraph (a) of subsection (1) and subsection

4130

(3) of section 499.015, Florida Statutes, are amended to read:

4131

499.015 Registration of drugs, devices, and cosmetics;

4132

issuance of certificates of free sale.--

4133

(1)(a) Except for those persons exempted from the

4134

definition in s. 499.003(28) ~~499.003(21)~~, any person who

4135

manufactures, packages, repackages, labels, or relabels a drug,

4136

device, or cosmetic in this state must register such drug,

4137

device, or cosmetic biennially with the department; pay a fee in

4138

accordance with the fee schedule provided by s. 499.041; and

4139

comply with this section. The registrant must list each separate

4140

and distinct drug, device, or cosmetic at the time of

4141

registration.

4142

(3) Except for those persons exempted from the definition

4143

in s. 499.003(28) ~~499.003(21)~~, a person may not sell any product

4144

that he or she has failed to register in conformity with this

4145

section. Such failure to register subjects such drug, device, or

4146

cosmetic product to seizure and condemnation as provided in ss.

4147

499.062-499.064, and subjects such person to the penalties and

4148

remedies provided in ss. 499.001-499.081.

4149

4150

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

4151

redesignation of s. 499.003(21) as s. 499.003(28) by

4152

s. 3, ch. 2003-155, Laws of Florida.

4153

4154

Section 89. Subsection (1) of section 499.03, Florida

4155

Statutes, is amended to read:

4156

499.03 Possession of new drugs or legend drugs without

4157

prescriptions unlawful; exemptions and exceptions.--

4158

(1) A person may not possess, or possess with intent to

4159

sell, dispense, or deliver, any habit-forming, toxic, harmful,

4160

or new drug subject to s. 499.003(29) ~~499.003(22)~~, or legend

4161

drug as defined in s. 499.003(25) ~~499.003(19)~~, unless the

4162

possession of the drug has been obtained by a valid prescription

4163

of a practitioner licensed by law to prescribe the drug.

4164

However, this section does not apply to the delivery of such

4165

drugs to persons included in any of the classes named in this

4166

subsection, or to the agents or employees of such persons, for

4167

use in the usual course of their businesses or practices or in

4168

the performance of their official duties, as the case may be;

4169

nor does this section apply to the possession of such drugs by

4170

those persons or their agents or employees for such use:

4171

(a) A licensed pharmacist or any person under the licensed

4172

pharmacist's supervision while acting within the scope of the

4173

licensed pharmacist's practice;

4174

(b) A licensed practitioner authorized by law to prescribe

4175

legend drugs or any person under the licensed practitioner's

4176

supervision while acting within the scope of the licensed

4177

practitioner's practice;

4178

4179

research, teaching, or testing, and not for resale;

4180

(d) A licensed hospital or other institution that procures

4181

such drugs for lawful administration or dispensing by

4182

practitioners;

4183

(e) An officer or employee of a federal, state, or local

4184

government; or

4185

(f) A person that holds a valid permit issued by the

4186

department pursuant to ss. 499.001-499.081 which authorizes that

4187

person to possess prescription drugs.

4188

4189

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

4190

redesignation of s. 499.003(19) as s. 499.003(25) and

4191

s. 499.003(22) as s. 499.003(29) by s. 3, ch. 2003-

4192

155, Laws of Florida.

4193

4194

Section 90. Paragraph (g) of subsection (1) of section

4195

499.05, Florida Statutes, is amended to read:

4196

499.05 Rules.--

4197

(1) The department shall adopt rules to implement and

4198

enforce ss. 499.001-499.081 with respect to:

4199

(g) Inspections and investigations conducted under s.

4200

499.051, and the identification of information claimed to be a

4201

trade secret and exempt from the public records law as provided

4202

in s. 499.051(7) ~~499.051(5)~~.

4203

4204

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

4205

redesignation of s. 499.051(5) as s. 499.051(7) by s.

4206

21, ch. 2003-155, Laws of Florida.

4207

4208

Section 91. Section 504.011, Florida Statutes, is amended

4209

to read:

4210

504.011 Short title.--This chapter ~~part~~ shall be known and

4211

may be cited as the "Produce Labeling Act of 1979."

4212

4213

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

4214

of chapter 504, which is not divided into parts.

4215

4216

Section 92. Section 504.014, Florida Statutes, is amended

4217

to read:

4218

504.014 Enforcement.--The Department of Agriculture and

4219

Consumer Services shall be responsible for enforcing the

4220

provisions of this chapter ~~part~~.

4221

4222

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

4223

of chapter 504, which is not divided into parts.

4224

4225

Section 93. Subsection (9) of section 517.021, Florida

4226

Statutes, is amended to read:

4227

517.021 Definitions.--When used in this chapter, unless

4228

the context otherwise indicates, the following terms have the

4229

following respective meanings:

4230

(9) "Federal covered adviser" means a person who is

4231

registered or required to be registered under s. 203 of the

4232

Investment Advisers Act of 1940. The term "federal covered

4233

adviser" does not include any person who is excluded from the

4234

definition of investment adviser under subparagraphs (13)(b)1.-8

4235

~~(12)(b)1.-8~~.

4236

4237

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

4238

redesignation of subsection (12) as subsection (13) by

4239

s. 583, ch. 2003-261, Laws of Florida.

4240

4241

Section 94. Subsection (5) of section 538.18, Florida

4242

Statutes, is amended to read:

4243

538.18 Definitions.--As used in this part, the term:

4244

(5) "Personal identification card" means a driver's

4245

license or identification card issued by the Department of

4246

Highway Safety and Motor Vehicles under s. 322.03 or s. 322.051,

4247

or a similar card issued by another state, a military

4248

identification card, a passport, or an appropriate work

4249

authorization issued by the United States Bureau of Citizenship

4250

and Immigration Services ~~Immigration and Naturalization Service~~.

4251

4252

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

4253

redesignation of the Immigration and Naturalization

4254

Service pursuant to its transfer to the Department of

4255

Homeland Security by s. 451, Pub. L. No. 107-296.

4256

4257

Section 95. Subsections (1) and (3) of section 552.40,

4258

Florida Statutes, are amended to read:

4259

552.40 Administrative remedy for alleged damage due to the

4260

use of explosives in connection with construction materials

4261

mining activities.--

4262

(1) A person may initiate an administrative proceeding to

4263

recover damages resulting from the use of explosives in

4264

connection with construction materials mining activities by

4265

filing a petition with the Division of Administrative Hearings

4266

on a form provided by it ~~the division~~ and accompanied by a

4267

filing fee of $100 within 180 days after the occurrence of the

4268

alleged damage. If the petitioner submits an affidavit stating

4269

that the petitioner's annual income is less than 150 percent of

4270

the applicable federal poverty guideline published in the

4271

Federal Register by the United States Department of Health and

4272

Human Services, the $100 filing fee must be waived.

4273

(3) Within 5 business days after the Division of

4274

Administrative Hearings receives a petition, it ~~the division~~

4275

shall issue and serve on the petitioner and the respondent an

4276

initial order that assigns the case to a specific administrative

4277

law judge and provides general information regarding the

4278

practice and procedure before the Division of Administrative

4279

Hearings. The initial order must advise that a summary hearing

4280

is available upon the agreement of the parties under subsection

4281

(6) and must briefly describe the expedited time sequences,

4282

limited discovery, and final order provisions of the summary

4283

procedure. The initial order must also contain a statement

4284

advising the petitioner and the respondent that a mandatory,

4285

nonbinding mediation is required before a summary administrative

4286

hearing or a formal administrative hearing may be held.

4287

4288

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

4289

facilitate correct interpretation.

4290

4291

Section 96. Subsection (9) of section 565.02, Florida

4292

Statutes, is amended to read:

4293

565.02 License fees; vendors; clubs; caterers; and

4294

others.--

4295

(9) It is the finding of the Legislature that passenger

4296

vessels engaged exclusively in foreign commerce are susceptible

4297

to a distinct and separate classification for purposes of the

4298

sale of alcoholic beverages under the Beverage Law. Upon the

4299

filing of an application and payment of an annual fee of $1,100,

4300

the director is authorized to issue a permit authorizing the

4301

operator, or, if applicable, his or her concessionaire, of a

4302

passenger vessel which has cabin-berth capacity for at least 75

4303

passengers, and which is engaged exclusively in foreign

4304

commerce, to sell alcoholic beverages on the vessel for

4305

consumption on board only:

4306

(a) During a period not in excess of 24 hours prior to

4307

departure while the vessel is moored at a dock or wharf in a

4308

port of this state; or

4309

(b) At any time while the vessel is located in Florida

4310

territorial waters and is in transit to or from international

4311

waters.

4312

4313

One such permit shall be required for each such vessel and shall

4314

name the vessel for which it is issued. No license shall be

4315

required or tax levied by any municipality or county for the

4316

privilege of selling beverages for consumption on board such

4317

vessels. The beverages so sold may be purchased outside the

4318

state by the permittee, and the same shall not be considered as

4319

imported for the purposes of s. 561.14(3) solely because of such

4320

sale. The permittee is not required to obtain its beverages from

4321

licensees under the Beverage Law, but it shall keep a strict

4322

account of all such beverages sold within this state and shall

4323

make monthly reports to the division on forms prepared and

4324

furnished by the division. A permittee who sells on board the

4325

vessel beverages withdrawn from United States Bureau of Customs

4326

and Border Protection ~~Customs Service~~ bonded storage on board

4327

the vessel may satisfy such accounting requirement by supplying

4328

the division with copies of the appropriate United States Bureau

4329

of Customs and Border Protection ~~Customs Service~~ forms

4330

evidencing such withdrawals as importations under United States

4331

customs laws. Such permittee shall pay to the state an excise

4332

tax for beverages sold pursuant to this section, if such excise

4333

tax has not previously been paid, in an amount equal to the tax

4334

which would be required to be paid on such sales by a licensed

4335

manufacturer or distributor. A vendor holding such permit shall

4336

pay the tax monthly to the division at the same time he or she

4337

furnishes the required report. Such report shall be filed on or

4338

before the 15th day of each month for the sales occurring during

4339

the previous calendar month.

4340

4341

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

4342

redesignation of the United States Customs Service

4343

pursuant to its transfer to the Department of Homeland

4344

Security by s. 403, Pub. L. No. 107-296.

4345

4346

Section 97. Subsection (1) of section 601.48, Florida

4347

Statutes, is amended to read:

4348

601.48 Grading processed citrus products.--

4349

(1) If ~~such~~ processed citrus products meet the

4350

requirements of the two highest grades as established by the

4351

Department of Citrus or, at the option of the processor, the two

4352

highest grades established by the United States Department of

4353

Agriculture, the processor shall have the privilege~~, in lieu of~~

4354

~~the grade declaration requirements of subsection (1),~~ of using

4355

labels, brands, or trademarks properly registered with the

4356

Department of Citrus, as provided in subsection (2) ~~(3)~~, to

4357

represent state or U.S. grades.

4358

4359

Reviser's note.--Amended to conform to the repeal of

4360

former subsection (1), relating to inspection and

4361

grading of processed citrus products, by s. 52, ch.

4362

2001-279, Laws of Florida, and to the redesignation of

4363

former subsection (3) as subsection (2) to conform to

4364

that repeal.

4365

4366

Section 98. Subsection (1) of section 607.1331, Florida

4367

Statutes, is amended to read:

4368

607.1331 Court costs and counsel fees.--

4369

(1) The court in an appraisal proceeding ~~commenced under~~

4370

~~s. 607.1330~~ shall determine all costs of the proceeding,

4371

including the reasonable compensation and expenses of appraisers

4372

appointed by the court. The court shall assess the costs against

4373

the corporation, except that the court may assess costs against

4374

all or some of the shareholders demanding appraisal, in amounts

4375

the court finds equitable, to the extent the court finds such

4376

shareholders acted arbitrarily, vexatiously, or not in good

4377

faith with respect to the rights provided by this chapter.

4378

4379

Reviser's note.--Amended to facilitate correct

4380

interpretation. Section 607.1330 was deleted from

4381

House Bill 1623 before it was passed. House Bill 1623

4382

became ch. 2003-283, Laws of Florida.

4383

4384

Section 99. Paragraph (a) of subsection (3) of section

4385

607.1407, Florida Statutes, is amended to read:

4386

607.1407 Unknown claims against dissolved corporation.--A

4387

dissolved corporation or successor entity, as defined in s.

4388

607.1406(15), may choose to execute one of the following

4389

procedures to resolve payment of unknown claims.

4390

(3) If the dissolved corporation or successor entity

4391

complies with subsection (1) or subsection (2), the claim of

4392

each of the following claimants is barred unless the claimant

4393

commences a proceeding to enforce the claim against the

4394

dissolved corporation within 4 years after the filing date:

4395

(a) A claimant who did not receive written notice under s.

4396

607.1406(9), or whose claim was not provided for under s.

4397

607.1406(10) ~~607.1456(10)~~, whether such claim is based on an

4398

event occurring before or after the effective date of

4399

dissolution.

4400

4401

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

4402

and facilitate correct interpretation. Section

4403

607.1456(10) does not exist; s. 607.1406(10) relates

4404

to claims against dissolved corporations.

4405

4406

Section 100. Paragraph (a) of subsection (1) of section

4407

624.123, Florida Statutes, is amended to read:

4408

624.123 Certain international health insurance policies;

4409

exemption from code.--

4410

(1) International health insurance policies and

4411

applications may be solicited and sold in this state at any

4412

international airport to a resident of a foreign country. Such

4413

international health insurance policies shall be solicited and

4414

sold only by a licensed health insurance agent and underwritten

4415

only by an admitted insurer. For purposes of this subsection:

4416

(a) "International airport" means any airport in Florida

4417

with United States Bureau of Customs and Border Protection

4418

~~Customs~~ service, which enplanes more than 1 million passengers

4419

per year.

4420

4421

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

4422

redesignation of the United States Customs Service

4423

pursuant to its transfer to the Department of Homeland

4424

Security by s. 403, Pub. L. No. 107-296.

4425

4426

Section 101. Subsection (1) of section 624.307, Florida

4427

Statutes, is amended to read:

4428

624.307 General powers; duties.--

4429

(1) The department and office shall enforce the provisions

4430

of this code and shall execute the duties imposed upon them it

4431

by this code, within the respective jurisdiction of each, as

4432

provided by law.

4433

4434

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

4435

facilitate correct interpretation.

4436

4437

Section 102. Subsection (8) of section 624.430, Florida

4438

Statutes, is amended to read:

4439

624.430 Withdrawal of insurer or discontinuance of writing

4440

certain kinds or lines of insurance.--

4441

(8) Notwithstanding subsection (7), any insurer desiring

4442

to surrender its certificate of authority, withdraw from this

4443

state, or discontinue the writing of any one or multiple kinds

4444

or lines of insurance in this state is expected to have availed

4445

itself of all reasonably available reinsurance. Reasonably

4446

available reinsurance shall include unrealized reinsurance,

4447

which is defined as reinsurance recoverable on known losses

4448

incurred and due under valid reinsurance contracts that have not

4449

been identified in the normal course of business and have not

4450

been reported in financial statements filed with the Office of

4451

Insurance ~~Insurer~~ Regulation. Within 90 days after surrendering

4452

its certificate of authority, withdrawing from this state, or

4453

discontinuing the writing of any one or multiple kinds or lines

4454

of insurance in this state, the insurer shall certify to the

4455

Director of the Office of Insurance ~~Insurer~~ Regulation that the

4456

insurer has engaged an independent third party to search for

4457

unrealized reinsurance, and that the insurer has made all

4458

relevant books and records available to such third party. The

4459

compensation to such third party may be a percentage of

4460

unrealized reinsurance identified and collected.

4461

4462

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

4463

facilitate correct interpretation and to conform to

4464

the correct title of the Office of Insurance

4465

Regulation established in s. 20.121.

4466

4467

Section 103. Section 624.461, Florida Statutes, is amended

4468

to read:

4469

624.461 Definition.--For the purposes of the Florida

4470

Insurance Code, "self-insurance fund" means both commercial

4471

self-insurance funds organized under s. 624.462 and group self-

4472

insurance funds organized under s. 624.4621. The term "self-

4473

insurance fund" does not include a governmental self-insurance

4474

pool created under s. 768.28(16) ~~768.28(15)~~.

4475

4476

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

4477

redesignation of s. 768.28(15) as s. 768.28(16) by s.

4478

67, ch. 2003-416, Laws of Florida.

4479

4480

Section 104. Subsection (6) of section 624.462, Florida

4481

Statutes, is amended to read:

4482

624.462 Commercial self-insurance funds.--

4483

(6) A governmental self-insurance pool created pursuant to

4484

s. 768.28(16) ~~768.28(15)~~ shall not be considered a commercial

4485

self-insurance fund.

4486

4487

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

4488

redesignation of s. 768.28(15) as s. 768.28(16) by s.

4489

67, ch. 2003-416, Laws of Florida.

4490

4491

Section 105. Paragraph (b) of subsection (5) of section

4492

624.509, Florida Statutes, is amended to read:

4493

624.509 Premium tax; rate and computation.--

4494

(5) There shall be allowed a credit against the net tax

4495

imposed by this section equal to 15 percent of the amount paid

4496

by the insurer in salaries to employees located or based within

4497

this state and who are covered by the provisions of chapter 443.

4498

For purposes of this subsection:

4499

(b) The term "employees" does not include independent

4500

contractors or any person whose duties require that the person

4501

hold a valid license under the Florida Insurance Code, except

4502

persons defined in s. 626.015(1), (14), and (16) ~~626.015(1),~~

4503

~~(15), and (17)~~.

4504

4505

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

4506

redesignation of subunits within s. 626.015 by the

4507

reviser incident to compiling the 2003 Florida

4508

Statutes.

4509

4510

Section 106. Paragraph (a) of subsection (1) of section

4511

626.175, Florida Statutes, is amended to read:

4512

626.175 Temporary licensing.--

4513

(1) The department may issue a nonrenewable temporary

4514

license for a period not to exceed 6 months authorizing

4515

appointment of a general lines insurance agent or a life agent,

4516

or an industrial fire or burglary agent, subject to the

4517

conditions described in this section. The fees paid for a

4518

temporary license and appointment shall be as specified in s.

4519

624.501. Fees paid shall not be refunded after a temporary

4520

license has been issued.

4521

(a) An applicant for a temporary license must be:

4522

1. A natural person at least 18 years of age.

4523

2. A United States citizen or legal alien who possesses

4524

work authorization from the United States Bureau of Citizenship

4525

and Immigration Services ~~Immigration and Naturalization Service~~.

4526

4527

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

4528

redesignation of the Immigration and Naturalization

4529

Service pursuant to its transfer to the Department of

4530

Homeland Security by s. 451, Pub. L. No. 107-296.

4531

4532

Section 107. Paragraph (b) of subsection (3) of section

4533

626.371, Florida Statutes, is amended to read:

4534

626.371 Payment of fees, taxes for appointment period

4535

without appointment.--

4536

(3)

4537

(b) Failure to timely renew an appointment by an

4538

appointing entity prior to the expiration date of the

4539

appointment shall result in the appointing entity being assessed

4540

late filing ~~filling~~, continuation, and reinstatement fees as

4541

prescribed in s. 624.501. Such fees must be paid by the

4542

appointing entity and cannot be charged back to the appointee.

4543

4544

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

4545

facilitate correct interpretation.

4546

4547

Section 108. Paragraph (b) of subsection (1) of section

4548

626.731, Florida Statutes, is amended to read:

4549

626.731 Qualifications for general lines agent's

4550

license.--

4551

(1) The department shall not grant or issue a license as

4552

general lines agent to any individual found by it to be

4553

untrustworthy or incompetent or who does not meet each of the

4554

following qualifications:

4555

(b) The applicant is a United States citizen or legal

4556

alien who possesses work authorization from the United States

4557

Bureau of Citizenship and Immigration Services ~~Immigration and~~

4558

~~Naturalization Service~~ and is a bona fide resident of this

4559

state. An individual who is a bona fide resident of this state

4560

shall be deemed to meet the residence requirement of this

4561

paragraph, notwithstanding the existence at the time of

4562

application for license of a license in his or her name on the

4563

records of another state as a resident licensee of such other

4564

state, if the applicant furnishes a letter of clearance

4565

satisfactory to the department that the resident licenses have

4566

been canceled or changed to a nonresident basis and that he or

4567

she is in good standing.

4568

4569

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

4570

redesignation of the Immigration and Naturalization

4571

Service pursuant to its transfer to the Department of

4572

Homeland Security by s. 451, Pub. L. No. 107-296.

4573

4574

Section 109. Section 626.7315, Florida Statutes, is

4575

amended to read:

4576

626.7315 Prohibition against the unlicensed transaction of

4577

general lines insurance.--With respect to any line of authority

4578

as defined in s. 626.015(5) ~~626.015(6)~~, no individual shall,

4579

unless licensed as a general lines agent:

4580

(1) Solicit insurance or procure applications therefor;

4581

(2) In this state, receive or issue a receipt for any

4582

money on account of or for any insurer, or receive or issue a

4583

receipt for money from other persons to be transmitted to any

4584

insurer for a policy, contract, or certificate of insurance or

4585

any renewal thereof, even though the policy, certificate, or

4586

contract is not signed by him or her as agent or representative

4587

of the insurer, except as provided in s. 626.0428(1);

4588

(3) Directly or indirectly represent himself or herself to

4589

be an agent of any insurer or as an agent, to collect or forward

4590

any insurance premium, or to solicit, negotiate, effect,

4591

procure, receive, deliver, or forward, directly or indirectly,

4592

any insurance contract or renewal thereof or any endorsement

4593

relating to an insurance contract, or attempt to effect the

4594

same, of property or insurable business activities or interests,

4595

located in this state;

4596

(4) In this state, engage or hold himself or herself out

4597

as engaging in the business of analyzing or abstracting

4598

insurance policies or of counseling or advising or giving

4599

opinions, other than as a licensed attorney at law, relative to

4600

insurance or insurance contracts, for fee, commission, or other

4601

compensation, other than as a salaried bona fide full-time

4602

employee so counseling and advising his or her employer relative

4603

to the insurance interests of the employer and of the

4604

subsidiaries or business affiliates of the employer;

4605

(5) In any way, directly or indirectly, make or cause to

4606

be made, or attempt to make or cause to be made, any contract of

4607

insurance for or on account of any insurer;

4608

(6) Solicit, negotiate, or in any way, directly or

4609

indirectly, effect insurance contracts, if a member of a

4610

partnership or association, or a stockholder, officer, or agent

4611

of a corporation which holds an agency appointment from any

4612

insurer; or

4613

(7) Receive or transmit applications for suretyship, or

4614

receive for delivery bonds founded on applications forwarded

4615

from this state, or otherwise procure suretyship to be effected

4616

by a surety insurer upon the bonds of persons in this state or

4617

upon bonds given to persons in this state.

4618

4619

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

4620

redesignation of subunits within s. 626.015 by the

4621

reviser incident to compiling the 2003 Florida

4622

Statutes.

4623

4624

Section 110. Paragraph (a) of subsection (2) of section

4625

626.7351, Florida Statutes, is amended to read:

4626

626.7351 Qualifications for customer representative's

4627

license.--The department shall not grant or issue a license as

4628

customer representative to any individual found by it to be

4629

untrustworthy or incompetent, or who does not meet each of the

4630

following qualifications:

4631

(2)(a) The applicant is a United States citizen or legal

4632

alien who possesses work authorization from the United States

4633

Bureau of Citizenship and Immigration Services ~~Immigration and~~

4634

~~Naturalization Service~~ and is a bona fide resident of this state

4635

and will actually reside in the state at least 6 months out of

4636

the year. An individual who is a bona fide resident of this

4637

state shall be deemed to meet the residence requirements of this

4638

subsection, notwithstanding the existence at the time of

4639

application for license of a license in his or her name on the

4640

records of another state as a resident licensee of the other

4641

state, if the applicant furnishes a letter of clearance

4642

satisfactory to the department that the resident licenses have

4643

been canceled or changed to a nonresident basis and that he or

4644

she is in good standing.

4645

4646

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

4647

redesignation of the Immigration and Naturalization

4648

Service pursuant to its transfer to the Department of

4649

Homeland Security by s. 451, Pub. L. No. 107-296.

4650

4651

Section 111. Paragraph (c) of subsection (1) of section

4652

626.7355, Florida Statutes, is amended to read:

4653

626.7355 Temporary license as customer representative

4654

pending examination.--

4655

(1) The department shall issue a temporary customer

4656

representative's license with respect to a person who has

4657

applied for such license upon finding that the person:

4658

4659

possesses work authorization from the United States Bureau of

4660

Citizenship and Immigration Services ~~Immigration and~~

4661

~~Naturalization Service~~ and is a bona fide resident of this state

4662

or is a resident of another state sharing a common boundary with

4663

this state. An individual who is a bona fide resident of this

4664

state shall be deemed to meet the residence requirement of this

4665

paragraph, notwithstanding the existence at the time of

4666

application for license, of a license in his or her name on the

4667

records of another state as a resident licensee of such other

4668

state, if the applicant furnishes a letter of clearance

4669

satisfactory to the department that his or her resident licenses

4670

have been canceled or changed to a nonresident basis and that he

4671

or she is in good standing.

4672

4673

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

4674

redesignation of the Immigration and Naturalization

4675

Service pursuant to its transfer to the Department of

4676

Homeland Security by s. 451, Pub. L. No. 107-296.

4677

4678

Section 112. Subsection (2) of section 626.7845, Florida

4679

Statutes, is amended to read:

4680

626.7845 Prohibition against unlicensed transaction of

4681

life insurance.--

4682

(2) Except as provided in s. 626.112(6), with respect to

4683

any line of authority specified in s. 626.015(10) ~~626.015(11)~~,

4684

no individual shall, unless licensed as a life agent:

4685

(a) Solicit insurance or annuities or procure

4686

applications; or

4687

(b) In this state, engage or hold himself or herself out

4688

as engaging in the business of analyzing or abstracting

4689

insurance policies or of counseling or advising or giving

4690

opinions to persons relative to insurance or insurance contracts

4691

other than:

4692

1. As a consulting actuary advising an insurer; or

4693

2. As to the counseling and advising of labor unions,

4694

associations, trustees, employers, or other business entities,

4695

the subsidiaries and affiliates of each, relative to their

4696

interests and those of their members or employees under

4697

insurance benefit plans.

4698

4699

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

4700

redesignation of subunits within s. 626.015 by the

4701

reviser incident to compiling the 2003 Florida

4702

Statutes.

4703

4704

Section 113. Paragraph (b) of subsection (1) of section

4705

626.785, Florida Statutes, is amended to read:

4706

626.785 Qualifications for license.--

4707

(1) The department shall not grant or issue a license as

4708

life agent to any individual found by it to be untrustworthy or

4709

incompetent, or who does not meet the following qualifications:

4710

(b) Must be a United States citizen or legal alien who

4711

possesses work authorization from the United States Bureau of

4712

Citizenship and Immigration Services ~~Immigration and~~

4713

~~Naturalization Service~~ and a bona fide resident of this state.

4714

4715

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

4716

redesignation of the Immigration and Naturalization

4717

Service pursuant to its transfer to the Department of

4718

Homeland Security by s. 451, Pub. L. No. 107-296.

4719

4720

Section 114. Section 626.8305, Florida Statutes, is

4721

amended to read:

4722

626.8305 Prohibition against the unlicensed transaction of

4723

health insurance.--Except as provided in s. 626.112(6), with

4724

respect to any line of authority specified in s. 626.015(6)

4725

~~626.015(7)~~, no individual shall, unless licensed as a health

4726

agent:

4727

(1) Solicit insurance or procure applications; or

4728

(2) In this state, engage or hold himself or herself out

4729

as engaging in the business of analyzing or abstracting

4730

insurance policies or of counseling or advising or giving

4731

opinions to persons relative to insurance contracts other than:

4732

(a) As a consulting actuary advising insurers; or

4733

(b) As to the counseling and advising of labor unions,

4734

associations, trustees, employers, or other business entities,

4735

the subsidiaries and affiliates of each, relative to their

4736

interests and those of their members or employees under

4737

insurance benefit plans.

4738

4739

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

4740

redesignation of subunits within s. 626.015 by the

4741

reviser incident to compiling the 2003 Florida

4742

Statutes.

4743

4744

Section 115. Paragraph (b) of subsection (1) of section

4745

626.831, Florida Statutes, is amended to read:

4746

626.831 Qualifications for license.--

4747

(1) The department shall not grant or issue a license as

4748

health agent as to any individual found by it to be

4749

untrustworthy or incompetent, or who does not meet the following

4750

qualifications:

4751

(b) Must be a United States citizen or legal alien who

4752

possesses work authorization from the United States Bureau of

4753

Citizenship and Immigration Services ~~Immigration and~~

4754

~~Naturalization Service~~ and a bona fide resident of this state.

4755

4756

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

4757

redesignation of the Immigration and Naturalization

4758

Service pursuant to its transfer to the Department of

4759

Homeland Security by s. 451, Pub. L. No. 107-296.

4760

4761

Section 116. Subsection (2) of section 626.8414, Florida

4762

Statutes, is amended to read:

4763

626.8414 Qualifications for examination.--The department

4764

must authorize any natural person to take the examination for

4765

the issuance of a license as a title insurance agent if the

4766

person meets all of the following qualifications:

4767

(2) The applicant must be a United States citizen or legal

4768

alien who possesses work authorization from the United States

4769

Bureau of Citizenship and Immigration Services ~~Immigration and~~

4770

~~Naturalization Service~~ and a bona fide resident of this state. A

4771

person meets the residency requirement of this subsection,

4772

notwithstanding the existence at the time of application for

4773

license of a license in the applicant's name on the records of

4774

another state as a resident licensee of such other state, if the

4775

applicant furnishes a letter of clearance satisfactory to the

4776

department that the resident licenses have been canceled or

4777

changed to a nonresident basis and that the applicant is in good

4778

standing.

4779

4780

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

4781

redesignation of the Immigration and Naturalization

4782

Service pursuant to its transfer to the Department of

4783

Homeland Security by s. 451, Pub. L. No. 107-296.

4784

4785

Section 117. Paragraph (b) of subsection (1) of section

4786

626.865, Florida Statutes, is amended to read:

4787

626.865 Public adjuster's qualifications, bond.--

4788

(1) The office shall issue a license to an applicant for a

4789

public adjuster's license upon determining that the applicant

4790

has paid the applicable fees specified in s. 624.501 and

4791

possesses the following qualifications:

4792

(b) Is a United States citizen or legal alien who

4793

possesses work authorization from the United States Bureau of

4794

Citizenship and Immigration Services ~~Immigration and~~

4795

~~Naturalization Service~~ and a bona fide resident of this state.

4796

4797

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

4798

redesignation of the Immigration and Naturalization

4799

Service pursuant to its transfer to the Department of

4800

Homeland Security by s. 451, Pub. L. No. 107-296.

4801

4802

Section 118. Subsection (2) of section 626.866, Florida

4803

Statutes, is amended to read:

4804

626.866 Independent adjuster's qualifications.--The office

4805

shall issue a license to an applicant for an independent

4806

adjuster's license upon determining that the applicable license

4807

fee specified in s. 624.501 has been paid and that the applicant

4808

possesses the following qualifications:

4809

(2) Is a United States citizen or legal alien who

4810

possesses work authorization from the United States Bureau of

4811

Citizenship and Immigration Services ~~Immigration and~~

4812

~~Naturalization Service~~ and a bona fide resident of this state.

4813

4814

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

4815

redesignation of the Immigration and Naturalization

4816

Service pursuant to its transfer to the Department of

4817

Homeland Security by s. 451, Pub. L. No. 107-296.

4818

4819

Section 119. Subsection (2) of section 626.867, Florida

4820

Statutes, is amended to read:

4821

626.867 Company employee adjuster's qualifications.--The

4822

office shall issue a license to an applicant for a company

4823

employee adjuster's license upon determining that the applicable

4824

license fee specified in s. 624.501 has been paid and that the

4825

applicant possesses the following qualifications:

4826

(2) Is a United States citizen or legal alien who

4827

possesses work authorization from the United States Bureau of

4828

Citizenship and Immigration Services ~~Immigration and~~

4829

~~Naturalization Service~~ and a bona fide resident of this state.

4830

4831

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

4832

redesignation of the Immigration and Naturalization

4833

Service pursuant to its transfer to the Department of

4834

Homeland Security by s. 451, Pub. L. No. 107-296.

4835

4836

Section 120. Subsection (1) of section 626.874, Florida

4837

Statutes, is amended to read:

4838

626.874 Catastrophe or emergency adjusters.--

4839

(1) In the event of a catastrophe or emergency, the office

4840

may issue a license, for the purposes and under the conditions

4841

which it shall fix and for the period of emergency as it shall

4842

determine, to persons who are residents or nonresidents of this

4843

state, who are at least 18 years of age, who are United States

4844

citizens or legal aliens who possess work authorization from the

4845

United States Bureau of Citizenship and Immigration Services

4846

~~Immigration and Naturalization Service~~, and who are not licensed

4847

adjusters under this part but who have been designated and

4848

certified to it as qualified to act as adjusters by independent

4849

resident adjusters or by an authorized insurer or by a licensed

4850

general lines agent to adjust claims, losses, or damages under

4851

policies or contracts of insurance issued by such insurers. The

4852

fee for the license shall be as provided in s. 624.501(12)(c).

4853

4854

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

4855

redesignation of the Immigration and Naturalization

4856

Service pursuant to its transfer to the Department of

4857

Homeland Security by s. 451, Pub. L. No. 107-296.

4858

4859

Section 121. Paragraph (f) of subsection (7) of section

4860

626.9916, Florida Statutes, is amended to read:

4861

626.9916 Viatical settlement broker license required;

4862

application for license.--

4863

(7) Upon the filing of a sworn application and the payment

4864

of the license fee and all other applicable fees under this act,

4865

the department shall investigate each applicant and may issue

4866

the applicant a license if the department finds that the

4867

applicant:

4868

(f) If a natural person, is at least 18 years of age and a

4869

United States citizen or legal alien who possesses work

4870

authorization from the United States Bureau of Citizenship and

4871

Immigration Services ~~Immigration and Naturalization Service~~.

4872

4873

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

4874

redesignation of the Immigration and Naturalization

4875

Service pursuant to its transfer to the Department of

4876

Homeland Security by s. 451, Pub. L. No. 107-296.

4877

4878

Section 122. Subparagraph 15. of paragraph (c) of

4879

subsection (6) of section 627.351, Florida Statutes, is amended

4880

to read:

4881

627.351 Insurance risk apportionment plans.--

4882

(6) CITIZENS PROPERTY INSURANCE CORPORATION.--

4883

4884

15. Must provide that the corporation appoint as its

4885

licensed agents only those agents who also hold an appointment

4886

as defined in s. 626.015(3) ~~626.104~~ with an insurer who at the

4887

time of the agent's initial appointment by the corporation is

4888

authorized to write and is actually writing personal lines

4889

residential property coverage, commercial residential property

4890

coverage, or commercial nonresidential property coverage within

4891

the state.

4892

4893

Reviser's note.--Amended to conform to the repeal of

4894

s. 626.104 by s. 72, ch. 2002-206, Laws of Florida,

4895

and the creation of s. 626.015, relating to similar

4896

subject matter, by s. 4, ch. 2002-206.

4897

4898

Section 123. Paragraph (b) of subsection (3) of section

4899

627.733, Florida Statutes, is amended to read:

4900

627.733 Required security.--

4901

(3) Such security shall be provided:

4902

(b) By any other method authorized by s. 324.031(2), (3),

4903

or (4) and approved by the Department of Highway Safety and

4904

Motor Vehicles as affording security equivalent to that afforded

4905

by a policy of insurance or by self-insuring as authorized by s.

4906

768.28(16) ~~768.28(15)~~. The person filing such security shall

4907

have all of the obligations and rights of an insurer under ss.

4908

627.730-627.7405.

4909

4910

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

4911

redesignation of s. 768.28(15) as s. 768.28(16) by s.

4912

67, ch. 2003-416, Laws of Florida.

4913

4914

Section 124. Paragraph (b) of subsection (5) of section

4915

627.736, Florida Statutes, is amended to read:

4916

627.736 Required personal injury protection benefits;

4917

exclusions; priority; claims.--

4918

(5) CHARGES FOR TREATMENT OF INJURED PERSONS.--

4919

(b)1. An insurer or insured is not required to pay a claim

4920

or charges:

4921

a. Made by a broker or by a person making a claim on

4922

behalf of a broker;

4923

b. For any service or treatment that was not lawful at the

4924

time rendered;

4925

c. To any person who knowingly submits a false or

4926

misleading statement relating to the claim or charges;

4927

d. With respect to a bill or statement that does not

4928

substantially meet the applicable requirements of paragraph (d);

4929

e. For any treatment or service that is upcoded, or that

4930

is unbundled when such treatment or services should be bundled,

4931

in accordance with paragraph (d). To facilitate prompt payment

4932

of lawful services, an insurer may change codes that it

4933

determines to have been improperly or incorrectly upcoded or

4934

unbundled, and may make payment based on the changed codes,

4935

without affecting the right of the provider to dispute the

4936

change by the insurer, provided that before doing so, the

4937

insurer must contact the health care provider and discuss the

4938

reasons for the insurer's change and the health care provider's

4939

reason for the coding, or make a reasonable good faith effort to

4940

do so, as documented in the insurer's file; and

4941

f. For medical services or treatment billed by a physician

4942

and not provided in a hospital unless such services are rendered

4943

by the physician or are incident to his or her professional

4944

services and are included on the physician's bill, including

4945

documentation verifying that the physician is responsible for

4946

the medical services that were rendered and billed.

4947

2. Charges for medically necessary cephalic thermograms,

4948

peripheral thermograms, spinal ultrasounds, extremity

4949

ultrasounds, video fluoroscopy, and surface electromyography

4950

shall not exceed the maximum reimbursement allowance for such

4951

procedures as set forth in the applicable fee schedule or other

4952

payment methodology established pursuant to s. 440.13.

4953

3. Allowable amounts that may be charged to a personal

4954

injury protection insurance insurer and insured for medically

4955

necessary nerve conduction testing when done in conjunction with

4956

a needle electromyography procedure and both are performed and

4957

billed solely by a physician licensed under chapter 458, chapter

4958

459, chapter 460, or chapter 461 who is also certified by the

4959

American Board of Electrodiagnostic Medicine or by a board

4960

recognized by the American Board of Medical Specialties or the

4961

American Osteopathic Association or who holds diplomate status

4962

with the American Chiropractic Neurology Board or its

4963

predecessors shall not exceed 200 percent of the allowable

4964

amount under the participating physician fee schedule of

4965

Medicare Part B for year 2001, for the area in which the

4966

treatment was rendered, adjusted annually on August 1 to reflect

4967

the prior calendar year's changes in the annual Medical Care

4968

Item of the Consumer Price Index for All Urban Consumers in the

4969

South Region as determined by the Bureau of Labor Statistics of

4970

the United States Department of Labor.

4971

4. Allowable amounts that may be charged to a personal

4972

injury protection insurance insurer and insured for medically

4973

necessary nerve conduction testing that does not meet the

4974

requirements of subparagraph 3. shall not exceed the applicable

4975

fee schedule or other payment methodology established pursuant

4976

to s. 440.13.

4977

5. Effective upon this act becoming a law and before

4978

November 1, 2001, allowable amounts that may be charged to a

4979

personal injury protection insurance insurer and insured for

4980

magnetic resonance imaging services shall not exceed 200 percent

4981

of the allowable amount under Medicare Part B for year 2001, for

4982

the area in which the treatment was rendered. Beginning November

4983

1, 2001, allowable amounts that may be charged to a personal

4984

injury protection insurance insurer and insured for magnetic

4985

resonance imaging services shall not exceed 175 percent of the

4986

allowable amount under the participating physician fee schedule

4987

of Medicare Part B for year 2001, for the area in which the

4988

treatment was rendered, adjusted annually on August 1 to reflect

4989

the prior calendar year's changes in the annual Medical Care

4990

Item of the Consumer Price Index for All Urban Consumers in the

4991

South Region as determined by the Bureau of Labor Statistics of

4992

the United States Department of Labor for the 12-month period

4993

ending June 30 of that year, except that allowable amounts that

4994

may be charged to a personal injury protection insurance insurer

4995

and insured for magnetic resonance imaging services provided in

4996

facilities accredited by the Accreditation Association for

4997

Ambulatory Health Care, the American College of Radiology, or

4998

the Joint Commission on Accreditation of Healthcare

4999

Organizations shall not exceed 200 percent of the allowable

5000

amount under the participating physician fee schedule of

5001

Medicare Part B for year 2001, for the area in which the

5002

treatment was rendered, adjusted annually on August 1 to reflect

5003

the prior calendar year's changes in the annual Medical Care

5004

Item of the Consumer Price Index for All Urban Consumers in the

5005

South Region as determined by the Bureau of Labor Statistics of

5006

the United States Department of Labor for the 12-month period

5007

ending June 30 of that year. This paragraph does not apply to

5008

charges for magnetic resonance imaging services and nerve

5009

conduction testing for inpatients and emergency services and

5010

care as defined in chapter 395 rendered by facilities licensed

5011

under chapter 395.

5012

6. The Department of Health, in consultation with the

5013

appropriate professional licensing boards, shall adopt, by rule,

5014

a list of diagnostic tests deemed not to be medically necessary

5015

for use in the treatment of persons sustaining bodily injury

5016

covered by personal injury protection benefits under this

5017

section. The initial list shall be adopted by January 1, 2004,

5018

and shall be revised from time to time as determined by the

5019

Department of Health, in consultation with the respective

5020

professional licensing boards. Inclusion of a test on the list

5021

of invalid diagnostic tests shall be based on lack of

5022

demonstrated medical value and a level of general acceptance by

5023

the relevant provider community and shall not be dependent for

5024

results entirely upon subjective patient response.

5025

Notwithstanding its inclusion on a fee schedule in this

5026

subsection, an insurer or insured is not required to pay any

5027

charges or reimburse claims for any invalid diagnostic test as

5028

determined by the Department of Health.

5029

5030

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

5031

5032

Section 125. Subsection (4) of section 627.832, Florida

5033

Statutes, is amended to read:

5034

627.832 Grounds for refusal, suspension, or revocation of

5035

license.--

5036

(4) Every license issued hereunder shall remain in force

5037

and effect until it has been surrendered, revoked, or suspended

5038

or expires in accordance with the provisions of this part; but

5039

the office may reinstate a suspended license or to issue a new

5040

license to a licensee whose license has been revoked, if no fact

5041

or condition then exists which clearly would have warranted

5042

office refusal originally to issue such license under this part.

5043

5044

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

5045

correct sentence construction.

5046

5047

Section 126. Section 628.6012, Florida Statutes, is

5048

amended to read:

5049

628.6012 Premiums written; restrictions.--Assessable

5050

mutual insurers shall be subject to a cap on net annual premiums

5051

on the same basis and in the same manner as provided in former

5052

s. 624.469 as to commercial self-insurance funds. For an

5053

assessable mutual that has converted from a commercial self-

5054

insurance fund, the first 6 full calendar years of its operation

5055

as set forth in former s. 624.469 shall be computed from the

5056

date of its certificate of authority as a commercial self-

5057

insurance fund.

5058

5059

Reviser's note.--Amended to conform to the repeal of

5060

s. 624.469 by s. 17, ch. 2003-2, Laws of Florida.

5061

5062

Section 127. Subsection (2) of section 628.6013, Florida

5063

Statutes, is amended to read:

5064

628.6013 Converted self-insurance fund; trade association;

5065

board of directors.--

5066

(2) An assessable mutual insurer formed by the conversion

5067

of a commercial self-insurance fund pursuant to former s.

5068

624.463 or by the conversion of a group self-insurer's fund

5069

organized under s. 624.4621 shall be endorsed at the time of

5070

conversion by a statewide not-for-profit trade association,

5071

industry association, or professional association of employers

5072

or professionals which has a constitution or bylaws, which is

5073

incorporated under the laws of this state, and which has been

5074

organized for purposes other than that of obtaining or providing

5075

insurance and operated in good faith for a continuous period of

5076

1 year. The association shall not be liable for any actions of

5077

the insurer, nor shall it require the establishment or

5078

enforcement of any policy of the insurer. Fees, services, and

5079

other aspects of the relationship between the association and

5080

the insurer must be reasonable and are subject to contractual

5081

agreement.

5082

5083

Reviser's note.--Amended to conform to the repeal of

5084

s. 624.463 by s. 17, ch. 2003-2, Laws of Florida, and

5085

s. 1978, ch. 2003-261, Laws of Florida.

5086

5087

Section 128. Paragraph (d) of subsection (2) of section

5088

631.57, Florida Statutes, is amended to read:

5089

631.57 Powers and duties of the association.--

5090

(2) The association may:

5091

(d) Negotiate and become a party to such contracts as are

5092

necessary to carry out the purpose of this part. ~~Without~~

5093

~~limiting the generality of the foregoing, the association may~~

5094

~~enter into such contracts with a municipality as are necessary~~

5095

~~in order for the municipality to issue bonds under s.~~

5096

~~166.111(2). In connection with the issuance of such bonds and~~

5097

~~the entering into of the necessary contracts, the association~~

5098

~~may agree to such terms and conditions as it deems necessary and~~

5099

~~proper.~~

5100

5101

Reviser's note.--Amended to conform to the repeal of

5102

s. 166.111(2) by s. 159, ch. 2003-261, Laws of

5103

Florida.

5104

5105

Section 129. Subsection (1) of section 631.60, Florida

5106

Statutes, is amended to read:

5107

631.60 Effect of paid claims.--

5108

(1) Any person recovering under this part shall be deemed

5109

to have assigned her or his rights under the policy to the

5110

association to the extent of the person's recovery from the

5111

association, regardless of whether such recovery is received

5112

directly from the association or through payments made from the

5113

proceeds of bonds issued under former s. 166.111(2). Every

5114

insured or claimant seeking the protection of this part shall

5115

cooperate with the association to the same extent as such person

5116

would have been required to cooperate with the insolvent

5117

insurer. The association shall have no cause of action against

5118

the insured of the insolvent insurer for any sums it has paid

5119

out except such causes of action as the insolvent insurer would

5120

have had if such sums had been paid by the insolvent insurer. In

5121

the case of an insolvent insurer operating on a plan with

5122

assessment liability, payments of claims of the association

5123

shall not operate to reduce the liability of insureds to the

5124

receiver, liquidator, or statutory successor for unpaid

5125

assessments.

5126

5127

Reviser's note.--Amended to conform to the repeal of

5128

s. 166.111(2) by s. 159, ch. 2003-261, Laws of

5129

Florida.

5130

5131

Section 130. Section 636.0145, Florida Statutes, is

5132

amended to read:

5133

636.0145 Certain entities contracting with

5134

Medicaid.--Notwithstanding the requirements of s. 409.912(4)(b)

5135

~~409.912(3)(b)~~, an entity that is providing comprehensive

5136

inpatient and outpatient mental health care services to certain

5137

Medicaid recipients in Hillsborough, Highlands, Hardee, Manatee,

5138

and Polk Counties through a capitated, prepaid arrangement

5139

pursuant to the federal waiver provided for in s. 409.905(5)

5140

must become licensed under chapter 636 by December 31, 1998. Any

5141

entity licensed under this chapter which provides services

5142

solely to Medicaid recipients under a contract with Medicaid

5143

shall be exempt from ss. 636.017, 636.018, 636.022, 636.028, and

5144

636.034.

5145

5146

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

5147

redesignation of s. 409.912(3) as s. 409.912(4) by s.

5148

9, ch. 2003-279, Laws of Florida.

5149

5150

Section 131. Subsection (3) of section 636.029, Florida

5151

Statutes, is amended to read:

5152

636.029 Construction and relationship with other laws.--

5153

(3) The department and office are vested with all powers

5154

granted to them it under the insurance code with respect to the

5155

investigation of any violation of this act within their

5156

respective regulatory jurisdictions.

5157

5158

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

5159

facilitate correct interpretation.

5160

5161

Section 132. Section 636.052, Florida Statutes, is amended

5162

to read:

5163

636.052 Civil remedy.--In any civil action brought to

5164

enforce the terms and conditions of a prepaid limited health

5165

service organization contract, the prevailing party is entitled

5166

to recover reasonable attorney's fees and court costs. This

5167

section does not authorize a civil action against the office or

5168

its employees or against the Agency for Health Care

5169

Administration, its employees, or the secretary ~~director~~ of that

5170

agency.

5171

5172

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

5173

redesignation of the Director of Health Care

5174

Administration as the Secretary of Health Care

5175

Administration by s. 2, ch. 2000-305, Laws of Florida.

5176

5177

Section 133. Paragraph (j) of subsection (1) of section

5178

641.21, Florida Statutes, is amended to read:

5179

641.21 Application for certificate.--

5180

(1) Before any entity may operate a health maintenance

5181

organization, it shall obtain a certificate of authority from

5182

the office. The office shall accept and shall begin its review

5183

of an application for a certificate of authority anytime after

5184

an organization has filed an application for a health care

5185

provider certificate pursuant to part III of this chapter.

5186

However, the office may not issue a certificate of authority to

5187

any applicant which does not possess a valid health care

5188

provider certificate issued by the agency. Each application for

5189

a certificate shall be on such form as the commission shall

5190

prescribe, shall be verified by the oath of two officers of the

5191

corporation and properly notarized, and shall be accompanied by

5192

the following:

5193

(j) Such additional reasonable data, financial statements,

5194

and other pertinent information as the commission ~~commissioner~~

5195

or office requires with respect to the determination that the

5196

applicant can provide the services to be offered.

5197

5198

Reviser's note.--Amended to facilitate correct

5199

interpretation and to conform to context.

5200

5201

Section 134. Subsection (3) of section 641.225, Florida

5202

Statutes, is amended to read:

5203

641.225 Surplus requirements.--

5204

(3)(a) An entity providing prepaid capitated services

5205

which is authorized under s. 409.912(4)(a) ~~409.912(3)(a)~~ and

5206

which applies for a certificate of authority is subject to the

5207

minimum surplus requirements set forth in subsection (1), unless

5208

the entity is backed by the full faith and credit of the county

5209

in which it is located.

5210

(b) An entity providing prepaid capitated services which

5211

is authorized under s. 409.912(4)(b) or (c) ~~409.912(3)(b) or~~

5212

~~(c)~~, and which applies for a certificate of authority is subject

5213

to the minimum surplus requirements set forth in s. 409.912.

5214

5215

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

5216

redesignation of s. 409.912(3) as s. 409.912(4) by s.

5217

9, ch. 2003-279, Laws of Florida.

5218

5219

Section 135. Paragraph (d) of subsection (3) of section

5220

641.31, Florida Statutes, is amended to read:

5221

641.31 Health maintenance contracts.--

5222

(3)

5223

(d) Any change in rates charged for the contract must be

5224

filed with the office not less than 30 days in advance of the

5225

effective date. At the expiration of such 30 days, the rate

5226

filing shall be deemed approved unless prior to such time the

5227

filing has been affirmatively approved or disapproved by order

5228

of the office. The approval of the filing by the office

5229

constitutes a waiver of any unexpired portion of such waiting

5230

period. The office may extend by not more than an additional 15

5231

days the period within which it may so affirmatively approve or

5232

disapprove any such filing, by giving notice of such extension

5233

before expiration of the initial 30-day period. At the

5234

expiration of any such period as so extended, and in the absence

5235

of such prior affirmative approval or disapproval, any such

5236

filing shall be deemed approved. This paragraph does not apply

5237

to group health contracts effectuated and delivered in this

5238

state, insuring groups of 51 or more persons, except for

5239

Medicare supplement insurance, long-term care insurance, and any

5240

coverage under which the increase in claims costs over the

5241

lifetime of the contract due to advancing age or duration is

5242

prefunded ~~refunded~~ in the premium.

5243

5244

Reviser's note.--Amended to facilitate correct

5245

interpretation and to conform to context.

5246

5247

Section 136. Subsection (4) of section 641.386, Florida

5248

Statutes, is amended to read:

5249

641.386 Agent licensing and appointment required;

5250

exceptions.--

5251

(4) All agents and health maintenance organizations shall

5252

comply with and be subject to the applicable provisions of ss.

5253

641.309 and 409.912(21) ~~409.912(19)~~, and all companies and

5254

entities appointing agents shall comply with s. 626.451, when

5255

marketing for any health maintenance organization licensed

5256

pursuant to this part, including those organizations under

5257

contract with the Agency for Health Care Administration to

5258

provide health care services to Medicaid recipients or any

5259

private entity providing health care services to Medicaid

5260

recipients pursuant to a prepaid health plan contract with the

5261

Agency for Health Care Administration.

5262

5263

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

5264

redesignation of s. 409.912(19) as s. 409.912(21) by

5265

s. 9, ch. 2003-279, Laws of Florida.

5266

5267

Section 137. Paragraph (b) of subsection (2) of section

5268

648.34, Florida Statutes, is amended to read:

5269

648.34 Bail bond agents; qualifications.--

5270

(2) To qualify as a bail bond agent, it must affirmatively

5271

appear at the time of application and throughout the period of

5272

licensure that the applicant has complied with the provisions of

5273

s. 648.355 and has obtained a temporary license pursuant to such

5274

section and:

5275

(b) The applicant is a United States citizen or legal

5276

alien who possesses work authorization from the United States

5277

Bureau of Citizenship and Immigration Services ~~Immigration and~~

5278

~~Naturalization Service~~ and is a resident of this state. An

5279

individual who is a resident of this state shall be deemed to

5280

meet the residence requirement of this paragraph,

5281

notwithstanding the existence, at the time of application for

5282

license, of a license in the applicant's name on the records of

5283

another state as a resident licensee of such other state, if the

5284

applicant furnishes a letter of clearance satisfactory to the

5285

department that his or her resident licenses have been canceled

5286

or changed to a nonresident basis and that he or she is in good

5287

standing.

5288

5289

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

5290

redesignation of the Immigration and Naturalization

5291

Service pursuant to its transfer to the Department of

5292

Homeland Security by s. 451, Pub. L. No. 107-296.

5293

5294

Section 138. Paragraph (b) of subsection (1) of section

5295

648.355, Florida Statutes, is amended to read:

5296

648.355 Temporary limited license as limited surety agent

5297

or professional bail bond agent; pending examination.--

5298

(1) The department may, in its discretion, issue a

5299

temporary license as a limited surety agent or professional bail

5300

bond agent, subject to the following conditions:

5301

(b) The applicant is a United States citizen or legal

5302

alien who possesses work authorization from the United States

5303

Bureau of Citizenship and Immigration Services ~~Immigration and~~

5304

~~Naturalization Service~~ and is a resident of this state. An

5305

individual who is a resident of this state shall be deemed to

5306

meet the residence requirement of this paragraph,

5307

notwithstanding the existence, at the time of application for

5308

temporary license, of a license in the individual's name on the

5309

records of another state as a resident licensee of such other

5310

state, if the applicant furnishes a letter of clearance

5311

satisfactory to the department that the individual's resident

5312

licenses have been canceled or changed to a nonresident basis

5313

and that the individual is in good standing.

5314

5315

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

5316

redesignation of the Immigration and Naturalization

5317

Service pursuant to its transfer to the Department of

5318

Homeland Security by s. 451, Pub. L. No. 107-296.

5319

5320

Section 139. Subsection (4) of section 648.45, Florida

5321

Statutes, is amended to read:

5322

648.45 Actions against a licensee; suspension or

5323

revocation of eligibility to hold a license.--

5324

(4) Any licensee found to have violated s. 648.44(1)(b),

5325

(d), or (i) ~~648.44(1)(b), (c), or (h)~~ shall, at a minimum, be

5326

suspended for a period of 3 months. A greater penalty, including

5327

revocation, shall be imposed if there is a willful or repeated

5328

violation of s. 648.44(1)(b), (d), or (i) ~~648.44(1)(b), (c), or~~

5329

~~(h)~~, or the licensee has committed other violations of this

5330

chapter.

5331

5332

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

5333

redesignation of s. 648.44(1)(c) and (h) as s.

5334

648.44(1)(d) and (i) by s. 21, ch. 2002-260, Laws of

5335

Florida.

5336

5337

Section 140. Subsection (2) of section 651.013, Florida

5338

Statutes, is amended to read:

5339

651.013 Chapter exclusive; applicability of other laws.--

5340

(2) In addition to other applicable provisions cited in

5341

this chapter, the office has the authority granted under ss.

5342

624.302 and 624.303 ~~624.302-624.305~~, 624.308-624.312,

5343

624.319(1)-(3), 624.320-624.321, 624.324, and 624.34 of the

5344

Florida Insurance Code to regulate providers of continuing care.

5345

5346

Reviser's note.--Amended to conform to the repeal of

5347

s. 624.305 by s. 1978, ch. 2003-261, Laws of Florida.

5348

5349

Section 141. Section 657.001, Florida Statutes, is amended

5350

to read:

5351

657.001 Short title.--This chapter ~~part~~ may be cited as

5352

the "Florida Credit Union Act."

5353

5354

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

5355

of chapter 657, which is not divided into parts.

5356

5357

Section 142. Section 657.002, Florida Statutes, is amended

5358

to read:

5359

657.002 Definitions.--As used in this chapter ~~part~~:

5360

(1) "Capital" means shares, deposits, and equity.

5361

(2) "Central credit union" means a credit union the

5362

membership of which includes, but is not limited to, other

5363

credit unions, members of credit unions, credit union employees,

5364

employees of organizations serving credit unions, and the

5365

families of such members.

5366

(3) "Corporate credit union" means any central credit

5367

union organized pursuant to any state or federal act for the

5368

purpose of serving other credit unions.

5369

(4) "The corporation" means the Florida Credit Union

5370

Guaranty Corporation, Inc.

5371

(5) "Correspondent" means that person designated on an

5372

application to organize a credit union as the person to whom all

5373

correspondence regarding the application should be sent.

5374

(6) "Credit union" means any cooperative society organized

5375

pursuant to this chapter ~~part~~.

5376

(7) "Deposits" means that portion of the capital paid into

5377

the credit union by members on which a contractual rate of

5378

interest will be paid.

5379

(8) "Equity" means undivided earnings, reserves, and

5380

allowance for loan losses.

5381

(9) "Foreign credit union" means a credit union organized

5382

and operating under the laws of another state.

5383

(10) "Immediate family" means parents, children, spouse,

5384

or surviving spouse of the member, or any other relative by

5385

blood, marriage, or adoption.

5386

(11) "Limited field of membership" means the defined group

5387

of persons designated as eligible for membership in the credit

5388

union who:

5389

(a) Have a similar profession, occupation, or formal

5390

association with an identifiable purpose; or

5391

(b) Reside within an identifiable neighborhood, community,

5392

rural district, or county; or

5393

5394

(d) Are employed by the credit union; and

5395

5396

members of the immediate family of persons within such group.

5397

(12) "Shares" means that portion of the capital paid into

5398

the credit union by members on which dividends may be paid.

5399

(13) "Unimpaired capital" means capital which is not

5400

impaired by losses that exceed applicable reserves.

5401

5402

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

5403

of chapter 657, which is not divided into parts.

5404

5405

Section 143. Paragraph (e) of subsection (7) of section

5406

657.021, Florida Statutes, is amended to read:

5407

657.021 Board of directors; executive committee.--

5408

(7) The board of directors must exercise the following

5409

duties which are nondelegable:

5410

(e) Adequately provide for reserves as required by this

5411

chapter ~~part~~ or by rules or order of the commission or office or

5412

as otherwise determined necessary by the board.

5413

5414

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

5415

of chapter 657, which is not divided into parts.

5416

5417

Section 144. Subsection (4) of section 657.026, Florida

5418

Statutes, is amended to read:

5419

657.026 Supervisory or audit committee.--

5420

(4) The supervisory or audit committee shall notify the

5421

board of directors, the office, and, as applicable, either the

5422

corporation or the National Credit Union Administration of any

5423

violation of this chapter ~~part~~, any violation of the certificate

5424

of authorization or bylaws of the credit union, or any practice

5425

of the credit union deemed by the supervisory or audit committee

5426

to be unsafe, unsound, or unauthorized.

5427

5428

For the purposes of this subsection, two-thirds of the members

5429

of the supervisory or audit committee constitutes a quorum.

5430

5431

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

5432

of chapter 657, which is not divided into parts.

5433

5434

Section 145. Subsections (13) and (16) of section 657.031,

5435

Florida Statutes, are amended to read:

5436

657.031 Powers.--A credit union shall have the power to:

5437

(13) Invest funds, as provided in this chapter ~~part~~.

5438

(16) Hold membership in central credit unions or corporate

5439

credit unions organized under this chapter ~~part~~ or under any

5440

other state or federal acts and membership in associations and

5441

organizations of credit unions.

5442

5443

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

5444

of chapter 657, which is not divided into parts.

5445

5446

Section 146. Paragraph (a) of subsection (1) of section

5447

657.039, Florida Statutes, is amended to read:

5448

657.039 Loan powers; extension of credit to directors,

5449

officers, committee members, and certain employees.--

5450

(1) A credit union may extend credit to its officers,

5451

directors, credit manager, members of its supervisory, audit,

5452

and credit committees, and any other person authorized to

5453

approve extensions of credit, provided:

5454

(a) The extension of credit complies with all requirements

5455

under this chapter ~~part~~ with respect to credit extended to other

5456

borrowers and is not on terms more favorable than those extended

5457

to other borrowers.

5458

5459

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

5460

of chapter 657, which is not divided into parts.

5461

5462

Section 147. Section 657.066, Florida Statutes, is amended

5463

to read:

5464

657.066 Conversion from state credit union to federal

5465

credit union and conversely.--Any credit union organized under

5466

this chapter ~~part~~ may convert into a federal credit union and

5467

any federal credit union may convert into a credit union

5468

organized pursuant to this chapter ~~part~~ upon approval of the

5469

authority under the supervision of which the converted credit

5470

union will operate and upon compliance with applicable laws.

5471

(1) Any action by the board of directors proposing

5472

conversion shall be by resolution and shall require the

5473

affirmative vote of an absolute majority of the board of

5474

directors. Upon adoption of a resolution relating to

5475

conversion, a copy of the resolution shall be mailed to each

5476

member, together with a notice setting forth the time, location,

5477

and purpose of a meeting of the membership which shall be held

5478

not less than 10 nor more than 30 days following the mailing of

5479

the notice.

5480

(2) A ballot allowing an affirmative or negative vote on

5481

the proposed conversion shall also be mailed to each member. Any

5482

ballot received by the credit union prior to the meeting called

5483

to consider the conversion shall be counted along with the votes

5484

cast at the meeting. Each member shall have but one vote. A

5485

majority of the votes cast by the members shall be required to

5486

approve the conversion.

5487

(3) Within 10 days after the approval of the membership,

5488

the board of directors shall cause to be transmitted to the

5489

authority under the supervision of which the converted credit

5490

union will operate a copy of the resolution adopted by the board

5491

of directors and approved by the membership.

5492

(4) Upon the written approval of the authority under the

5493

supervision of which the converting credit union is to operate,

5494

the converting credit union shall become a credit union under

5495

this chapter or under the laws of the United States, as the case

5496

may be, and thereupon all assets shall become the property of

5497

the converted credit union, subject to all existing liabilities

5498

against the credit union. All shares and deposits shall remain

5499

intact. Any federal credit union seeking to convert to a state-

5500

chartered credit union shall pay a nonrefundable filing fee of

5501

$500. The office may conduct an examination of any converting

5502

federal credit union before approving the conversion and the

5503

converting credit union shall pay a nonrefundable examination

5504

fee as provided in s. 655.411(1)(b).

5505

(5) Every conversion must be completed within 90 days

5506

after the approval of the authority under the supervision of

5507

which the converted credit union will operate. Upon receiving

5508

its certificate of authorization or charter from the authority

5509

under the supervision of which the converted credit union will

5510

operate, the old certificate of authorization or charter shall

5511

be returned to the proper authority and shall be canceled.

5512

(6) In consummation of the conversion, the old credit

5513

union may execute, acknowledge, and deliver to the newly

5514

chartered credit union the instruments of transfer necessary to

5515

accomplish the transfer of any property and all right, title,

5516

and interest therein.

5517

5518

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

5519

of chapter 657, which is not divided into parts.

5520

5521

Section 148. Paragraph (a) of subsection (2) and

5522

subsection (4) of section 657.068, Florida Statutes, are amended

5523

to read:

5524

657.068 Central credit unions.--

5525

(2) Membership in a central credit union shall be limited

5526

to:

5527

(a) Credit unions organized and operating under this

5528

chapter ~~part~~ or any other credit union act;

5529

(4) A central credit union shall have all the powers of

5530

any credit union organized under this chapter ~~part~~ and shall

5531

have the following powers, notwithstanding any limitations or

5532

restrictions herein:

5533

(a) A central credit union may make loans to other credit

5534

unions, purchase shares of and make deposits in other credit

5535

unions, and obtain or acquire the assets and liabilities of any

5536

credit union operating in this state which liquidates, provided

5537

such assets are otherwise eligible for investment by the

5538

acquiring credit union.

5539

(b) A central credit union may invest in and grant loans

5540

to associations of credit unions, central funds of credit

5541

unions, or organizations chartered to provide services to credit

5542

unions.

5543

5544

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

5545

of chapter 657, which is not divided into parts.

5546

5547

Section 149. Section 679.338, Florida Statutes, is amended

5548

to read:

5549

679.338 Priority of security interest or agricultural lien

5550

perfected by filed financing statement providing certain

5551

incorrect information.--If a security interest or agricultural

5552

lien is perfected by a filed financing statement providing

5553

information described in s. 679.516(2)(d) ~~679.516(2)(e)~~ which is

5554

incorrect at the time the financing statement is filed:

5555

(1) The security interest or agricultural lien is

5556

subordinate to a conflicting perfected security interest in the

5557

collateral to the extent that the holder of the conflicting

5558

security interest gives value in reasonable reliance upon the

5559

incorrect information; and

5560

(2) A purchaser, other than a secured party, of the

5561

collateral takes free of the security interest or agricultural

5562

lien to the extent that, in reasonable reliance upon the

5563

incorrect information, the purchaser gives value and, in the

5564

case of chattel paper, documents, goods, instruments, or a

5565

security certificate, receives delivery of the collateral.

5566

5567

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

5568

redesignation of s. 679.516(2)(e) as s. 679.516(2)(d)

5569

by s. 11, ch. 2002-242, Laws of Florida.

5570

5571

Section 150. Subsection (3) of section 679.520, Florida

5572

Statutes, is amended to read:

5573

679.520 Acceptance and refusal to accept record.--

5574

(3) A filed financing statement satisfying s. 679.5021(1)

5575

and (2) is effective, even if the filing office is required to

5576

refuse to accept it for filing under subsection (1). However, s.

5577

679.338 applies to a filed financing statement providing

5578

information described in s. 679.516(2)(d) ~~679.516(2)(e)~~ which is

5579

incorrect at the time the financing statement is filed.

5580

5581

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

5582

redesignation of s. 679.516(2)(e) as s. 679.516(2)(d)

5583

by s. 11, ch. 2002-242, Laws of Florida.

5584

5585

Section 151. Paragraph (b) of subsection (2) of section

5586

732.2025, Florida Statutes, is amended to read:

5587

732.2025 Definitions.--As used in ss. 732.2025-732.2155,

5588

the term:

5589

(2) "Elective share trust" means a trust where:

5590

(b) The trust is subject to the provisions of former s.

5591

738.12 or the surviving spouse has the right under the terms of

5592

the trust or state law to require the trustee either to make the

5593

property productive or to convert it within a reasonable time;

5594

and

5595

5596

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

5597

facilitate correct interpretation. Section 738.12 was

5598

repealed by s. 2, ch. 2002-42, Laws of Florida.

5599

5600

Section 152. Subsection (1) of section 741.04, Florida

5601

Statutes, is amended to read:

5602

741.04 Marriage license issued.--

5603

(1) No county court judge or clerk of the circuit court in

5604

this state shall issue a license for the marriage of any person

5605

unless there shall be first presented and filed with him or her

5606

an affidavit in writing, signed by both parties to the marriage,

5607

providing the social security numbers or any other available

5608

identification numbers of each party, made and subscribed before

5609

some person authorized by law to administer an oath, reciting

5610

the true and correct ages of such parties; unless both such

5611

parties shall be over the age of 18 years, except as provided in

5612

s. 741.0405; and unless one party is a male and the other party

5613

is a female. Pursuant to the federal Personal Responsibility and

5614

Work Opportunity Reconciliation Act of 1996, each party is

5615

required to provide his or her social security number in

5616

accordance with this section. The state has a compelling

5617

interest in promoting not only marriage but also responsible

5618

parenting, which may include the payment of child support. Any

5619

person who has been issued a social security number shall

5620

provide that number. Disclosure of social security numbers or

5621

other identification numbers obtained through this requirement

5622

shall be limited to the purpose of administration of the Title

5623

IV-D program for child support enforcement. Any person who is

5624

not a citizen of the United States may provide either a social

5625

security number or an alien registration number if one has been

5626

issued by the United States Bureau of Citizenship and

5627

Immigration Services ~~Immigration and Naturalization Service~~. Any

5628

person who is not a citizen of the United States and who has not

5629

been issued a social security number or an alien registration

5630

number is encouraged to provide another form of identification.

5631

Nothing in this subsection shall be construed to mean that a

5632

county court judge or clerk of the circuit court in this state

5633

shall not issue a marriage license to individuals who are not

5634

citizens of the United States if one or both of the parties are

5635

unable to provide a social security number, alien registration

5636

number, or other identification number.

5637

5638

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

5639

redesignation of the Immigration and Naturalization

5640

Service pursuant to its transfer to the Department of

5641

Homeland Security by s. 451, Pub. L. No. 107-296.

5642

5643

Section 153. Paragraph (a) of subsection (5) of section

5644

766.102, Florida Statutes, is amended to read:

5645

766.102 Medical negligence; standards of recovery; expert

5646

witness.--

5647

(5) A person may not give expert testimony concerning the

5648

prevailing professional standard of care unless that person is a

5649

licensed health care provider and meets the following criteria:

5650

(a) If the health care provider against whom or on whose

5651

behalf the testimony is offered is a specialist, the expert

5652

witness must:

5653

1. Specialize in the same specialty as the health care

5654

provider against whom or on whose behalf the testimony is

5655

offered; or specialize in a similar specialty that includes the

5656

evaluation, diagnosis, or treatment of the medical condition

5657

that is the subject of the claim and have prior experience

5658

treating similar patients; and

5659

2. Have devoted professional time during the 3 years

5660

immediately preceding the date of the occurrence that is the

5661

basis for the action to:

5662

a. The active clinical practice of, or consulting with

5663

respect to, the same or similar specialty that includes the

5664

evaluation, diagnosis, or treatment of the medical condition

5665

that is the subject of the claim and have prior experience

5666

treating similar patients;

5667

b. Instruction of students in an accredited health

5668

professional school or accredited residency or clinical research

5669

program in the same or similar specialty; or

5670

c. A clinical research program that is affiliated with an

5671

accredited health professional school or accredited residency or

5672

clinical research program in the same or similar specialty

5673

~~speciality~~.

5674

5675

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

5676

facilitate correct interpretation.

5677

5678

Section 154. Subsections (2) and (3) of section 766.203,

5679

Florida Statutes, are amended to read:

5680

766.203 Presuit investigation of medical negligence claims

5681

and defenses by prospective parties.--

5682

(2) PRESUIT INVESTIGATION BY CLAIMANT.--Prior to issuing

5683

notification of intent to initiate medical negligence litigation

5684

pursuant to s. 766.106, the claimant shall conduct an

5685

investigation to ascertain that there are reasonable grounds to

5686

believe that:

5687

(a) Any named defendant in the litigation was negligent in

5688

the care or treatment of the claimant; and

5689

(b) Such negligence resulted in injury to the claimant.

5690

5691

Corroboration of reasonable grounds to initiate medical

5692

negligence litigation shall be provided by the claimant's

5693

submission of a verified written medical expert opinion from a

5694

medical expert as defined in s. 766.202(6) ~~766.202(5)~~, at the

5695

time the notice of intent to initiate litigation is mailed,

5696

which statement shall corroborate reasonable grounds to support

5697

the claim of medical negligence.

5698

(3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.--Prior

5699

to issuing its response to the claimant's notice of intent to

5700

initiate litigation, during the time period for response

5701

authorized pursuant to s. 766.106, the prospective defendant or

5702

the defendant's insurer or self-insurer shall conduct an

5703

investigation as provided in s. 766.106(3) to ascertain whether

5704

there are reasonable grounds to believe that:

5705

(a) The defendant was negligent in the care or treatment

5706

of the claimant; and

5707

(b) Such negligence resulted in injury to the claimant.

5708

5709

Corroboration of lack of reasonable grounds for medical

5710

negligence litigation shall be provided with any response

5711

rejecting the claim by the defendant's submission of a verified

5712

written medical expert opinion from a medical expert as defined

5713

in s. 766.202(6) ~~766.202(5)~~, at the time the response rejecting

5714

the claim is mailed, which statement shall corroborate

5715

reasonable grounds for lack of negligent injury sufficient to

5716

support the response denying negligent injury.

5717

5718

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

5719

redesignation of s. 766.202(5) as s. 766.202(6) by s.

5720

58, ch. 2003-416, Laws of Florida.

5721

5722

Section 155. Paragraph (a) of subsection (5) of section

5723

766.206, Florida Statutes, is amended to read:

5724

766.206 Presuit investigation of medical negligence claims

5725

and defenses by court.--

5726

(5)(a) If the court finds that the corroborating written

5727

medical expert opinion attached to any notice of claim or intent

5728

or to any response rejecting a claim lacked reasonable

5729

investigation or that the medical expert submitting the opinion

5730

did not meet the expert witness qualifications as set forth in

5731

s. 766.102(5) ~~766.202(5)~~, the court shall report the medical

5732

expert issuing such corroborating opinion to the Division of

5733

Medical Quality Assurance or its designee. If such medical

5734

expert is not a resident of the state, the division shall

5735

forward such report to the disciplining authority of that

5736

medical expert.

5737

5738

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

5739

facilitate correct interpretation. Section 766.202(5)

5740

defines the term "investigation." Section 766.102(5)

5741

provides criteria for persons giving expert testimony

5742

concerning the prevailing professional standard of

5743

care.

5744

5745

Section 156. Paragraph (c) of subsection (4) of section

5746

766.209, Florida Statutes, is amended to read:

5747

766.209 Effects of failure to offer or accept voluntary

5748

binding arbitration.--

5749

(4) If the claimant rejects a defendant's offer to enter

5750

voluntary binding arbitration:

5751

5752

be paid by periodic payments pursuant to s. 766.202(9)

5753

~~766.202(8)~~, and shall be offset by future collateral source

5754

payments.

5755

5756

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

5757

redesignation of s. 766.202(8) as s. 766.202(9) by s.

5758

58, ch. 2003-416, Laws of Florida.

5759

5760

Section 157. Paragraph (b) of subsection (6) of section

5761

787.03, Florida Statutes, is amended to read:

5762

787.03 Interference with custody.--

5763

(6)

5764

(b) In order to gain the exemption conferred by paragraph

5765

(a), a person who takes a child pursuant to this subsection

5766

must:

5767

1. Within 10 days after taking the child, make a report to

5768

the sheriff's office or state attorney's office for the county

5769

in which the child resided at the time he or she was taken,

5770

which report must include the name of the person taking the

5771

child, the current address and telephone number of the person

5772

and child, and the reasons the child was taken.

5773

2. Within a reasonable time after taking the child,

5774

commence a custody proceeding that is consistent with the

5775

federal Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A,

5776

or the Uniform Child Custody Jurisdiction and Enforcement Act,

5777

ss. 61.501-61.542 ~~Act, ss. 61.1302-61.1348~~.

5778

3. Inform the sheriff's office or state attorney's office

5779

for the county in which the child resided at the time he or she

5780

was taken of any change of address or telephone number of the

5781

person and child.

5782

5783

Reviser's note.--Amended to conform to the repeal of

5784

the Uniform Child Custody Jurisdiction Act, ss.

5785

61.1302-61.1348, by s. 7, ch. 2002-65, Laws of

5786

Florida, and the creation of the Uniform Child Custody

5787

Jurisdiction and Enforcement Act, ss. 61.501-61.542,

5788

by s. 5, ch. 2002-65.

5789

5790

Section 158. Section 790.061, Florida Statutes, is amended

5791

to read:

5792

790.061 Judges and justices; exceptions from licensure

5793

provisions.--A county court judge, circuit court judge, district

5794

court of appeal judge, justice of the supreme court, federal

5795

district court judge, or federal court of appeals judge serving

5796

in this state is not required to comply with the provisions of

5797

s. 790.06 in order to receive a license to carry a concealed

5798

weapon or firearm, except that any such justice or judge must

5799

comply with the provisions of s. 790.06(2)(h). The Department of

5800

Agriculture and Consumer Services ~~State~~ shall issue a license to

5801

carry a concealed weapon or firearm to any such justice or judge

5802

upon demonstration of competence of the justice or judge

5803

pursuant to s. 790.06(2)(h).

5804

5805

Reviser's note.--Amended to conform to the transfer of

5806

functions relating to licensure of weapons from the

5807

Department of State to the Department of Agriculture

5808

and Consumer Services by s. 1, ch. 2002-295, Laws of

5809

Florida.

5810

5811

Section 159. Section 817.566, Florida Statutes, is amended

5812

to read:

5813

817.566 Misrepresentation of association with, or academic

5814

standing at, postsecondary educational institution.--Any person

5815

who, with intent to defraud, misrepresents his or her

5816

association with, or academic standing or other progress at, any

5817

postsecondary educational institution by falsely making,

5818

altering, simulating, or forging a document, degree,

5819

certificate, diploma, award, record, letter, transcript, form,

5820

or other paper; or any person who causes or procures such a

5821

misrepresentation; or any person who utters and publishes or

5822

otherwise represents such a document, degree, certificate,

5823

diploma, award, record, letter, transcript, form, or other paper

5824

as true, knowing it to be false, is guilty of a misdemeanor of

5825

the first degree, punishable as provided in s. 775.082 or s.

5826

775.083. Individuals who present a religious academic degree

5827

from any college, university, seminary, or institution which is

5828

not licensed by the Commission for Independent Education ~~State~~

5829

~~Board of Independent Colleges and Universities~~ or which is not

5830

exempt pursuant to the provisions of s. 246.085 shall disclose

5831

the religious nature of the degree upon presentation.

5832

5833

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

5834

facilitate correct interpretation. Section 246.031,

5835

which created the State Board of Independent Colleges

5836

and Universities, was repealed by s. 1058, ch. 2002-

5837

387, Laws of Florida. The Commission for Independent

5838

Education, established in s. 1005.21, regulates

5839

independent postsecondary institutions under s.

5840

1005.22.

5841

5842

Section 160. Paragraph (d) of subsection (1) of section

5843

817.567, Florida Statutes, is amended to read:

5844

817.567 Making false claims of academic degree or title.--

5845

(1) No person in the state may claim, either orally or in

5846

writing, to possess an academic degree, as defined in s.

5847

1005.02, or the title associated with said degree, unless the

5848

person has, in fact, been awarded said degree from an

5849

institution that is:

5850

(d) Licensed by the Commission for Independent Education

5851

~~State Board of Independent Colleges and Universities~~ pursuant to

5852

ss. 1005.01-1005.38 or exempt from licensure pursuant to s.

5853

246.085; or

5854

5855

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

5856

facilitate correct interpretation. Section 246.031,

5857

which created the State Board of Independent Colleges

5858

and Universities, was repealed by s. 1058, ch. 2002-

5859

387, Laws of Florida. The Commission for Independent

5860

Education, established in s. 1005.21, regulates

5861

independent postsecondary institutions under s.

5862

1005.22.

5863

5864

Section 161. Paragraph (a) of subsection (1) of section

5865

895.02, Florida Statutes, is amended to read:

5866

895.02 Definitions.--As used in ss. 895.01-895.08, the

5867

term:

5868

(1) "Racketeering activity" means to commit, to attempt to

5869

commit, to conspire to commit, or to solicit, coerce, or

5870

intimidate another person to commit:

5871

(a) Any crime which is chargeable by indictment or

5872

information under the following provisions of the Florida

5873

Statutes:

5874

1. Section 210.18, relating to evasion of payment of

5875

cigarette taxes.

5876

2. Section 403.727(3)(b), relating to environmental

5877

control.

5878

3. Section 414.39, relating to public assistance fraud.

5879

4. Section 409.920, relating to Medicaid provider fraud.

5880

5. Section 440.105 or s. 440.106, relating to workers'

5881

compensation.

5882

6. Sections 499.0051, 499.0052, 499.0053, 499.00545

5883

~~499.0054~~, and 499.0691, relating to crimes involving contraband

5884

and adulterated drugs.

5885

7. Part IV of chapter 501, relating to telemarketing.

5886

8. Chapter 517, relating to sale of securities and

5887

investor protection.

5888

9. Section 550.235, s. 550.3551, or s. 550.3605, relating

5889

to dogracing and horseracing.

5890

10. Chapter 550, relating to jai alai frontons.

5891

11. Chapter 552, relating to the manufacture,

5892

distribution, and use of explosives.

5893

12. Chapter 560, relating to money transmitters, if the

5894

violation is punishable as a felony.

5895

13. Chapter 562, relating to beverage law enforcement.

5896

14. Section 624.401, relating to transacting insurance

5897

without a certificate of authority, s. 624.437(4)(c)1., relating

5898

to operating an unauthorized multiple-employer welfare

5899

arrangement, or s. 626.902(1)(b), relating to representing or

5900

aiding an unauthorized insurer.

5901

15. Section 655.50, relating to reports of currency

5902

transactions, when such violation is punishable as a felony.

5903

16. Chapter 687, relating to interest and usurious

5904

practices.

5905

17. Section 721.08, s. 721.09, or s. 721.13, relating to

5906

real estate timeshare plans.

5907

18. Chapter 782, relating to homicide.

5908

19. Chapter 784, relating to assault and battery.

5909

20. Chapter 787, relating to kidnapping.

5910

21. Chapter 790, relating to weapons and firearms.

5911

22. Section 796.03, s. 796.04, s. 796.05, or s. 796.07,

5912

relating to prostitution.

5913

23. Chapter 806, relating to arson.

5914

24. Section 810.02(2)(c), relating to specified burglary

5915

of a dwelling or structure.

5916

25. Chapter 812, relating to theft, robbery, and related

5917

crimes.

5918

26. Chapter 815, relating to computer-related crimes.

5919

27. Chapter 817, relating to fraudulent practices, false

5920

pretenses, fraud generally, and credit card crimes.

5921

28. Chapter 825, relating to abuse, neglect, or

5922

exploitation of an elderly person or disabled adult.

5923

29. Section 827.071, relating to commercial sexual

5924

exploitation of children.

5925

30. Chapter 831, relating to forgery and counterfeiting.

5926

31. Chapter 832, relating to issuance of worthless checks

5927

and drafts.

5928

32. Section 836.05, relating to extortion.

5929

33. Chapter 837, relating to perjury.

5930

34. Chapter 838, relating to bribery and misuse of public

5931

office.

5932

35. Chapter 843, relating to obstruction of justice.

5933

36. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or

5934

s. 847.07, relating to obscene literature and profanity.

5935

37. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

5936

849.25, relating to gambling.

5937

38. Chapter 874, relating to criminal street gangs.

5938

39. Chapter 893, relating to drug abuse prevention and

5939

control.

5940

40. Chapter 896, relating to offenses related to financial

5941

transactions.

5942

41. Sections 914.22 and 914.23, relating to tampering with

5943

a witness, victim, or informant, and retaliation against a

5944

witness, victim, or informant.

5945

42. Sections 918.12 and 918.13, relating to tampering with

5946

jurors and evidence.

5947

5948

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

5949

redesignation of s. 499.0054 as s. 499.00545 by the

5950

reviser incident to compiling the 2003 Florida

5951

Statutes.

5952

5953

Section 162. Paragraph (c) of subsection (3) of section

5954

921.0022, Florida Statutes, is reenacted, and paragraph (j) of

5955

that subsection is amended to read:

5956

921.0022 Criminal Punishment Code; offense severity

5957

ranking chart.--

5958

(3) OFFENSE SEVERITY RANKING CHART

5959

Florida

Felony

5960

Statute

Degree

Description

5961

5962

5963

119.10(3)

3rd

Unlawful use of confidential information from police reports.

5964

316.066(3) (d)-(f)

3rd

Unlawfully obtaining or using confidential crash reports.

5965

316.193(2)(b)

3rd

Felony DUI, 3rd conviction.

5966

316.1935(2)

3rd

Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.

5967

319.30(4)

3rd

Possession by junkyard of motor vehicle with identification number plate removed.

5968

319.33(1)(a)

3rd

Alter or forge any certificate of title to a motor vehicle or mobile home.

5969

319.33(1)(c)

3rd

Procure or pass title on stolen vehicle.

5970

319.33(4)

3rd

With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

5971

327.35(2)(b)

3rd

Felony BUI.

5972

328.05(2)

3rd

Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

5973

328.07(4)

3rd

Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.

5974

370.12(1)(e)5.

3rd

Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.

5975

370.12(1)(e)6.

3rd

Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

5976

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

5977

400.903(3)

3rd

Operating a clinic without a license or filing false license application or other required information.

5978

440.105(3)(b)

3rd

Receipt of fee or consideration without approval by judge of compensation claims.

5979

440.1051(3)

3rd

False report of workers' compensation fraud or retaliation for making such a report.

5980

501.001(2)(b)

2nd

Tampers with a consumer product or the container using materially false/misleading information.

5981

624.401(4)(a)

3rd

Transacting insurance without a certificate of authority.

5982

624.401(4)(b)1.

3rd

Transacting insurance without a certificate of authority; premium collected less than $20,000.

5983

626.902(1) (a) & (b)

3rd

Representing an unauthorized insurer.

5984

697.08

3rd

Equity skimming.

5985

790.15(3)

3rd

Person directs another to discharge firearm from a vehicle.

5986

796.05(1)

3rd

Live on earnings of a prostitute.

5987

806.10(1)

3rd

Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

5988

806.10(2)

3rd

Interferes with or assaults firefighter in performance of duty.

5989

810.09(2)(c)

3rd

Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.

5990

812.014(2)(c)2.

3rd

Grand theft; $5,000 or more but less than $10,000.

5991

812.0145(2)(c)

3rd

Theft from person 65 years of age or older; $300 or more but less than $10,000.

5992

815.04(4)(b)

2nd

Computer offense devised to defraud or obtain property.

5993

817.034(4)(a)3.

3rd

Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

5994

817.233

3rd

Burning to defraud insurer.

5995

817.234(8) (b)-(c)

3rd

Unlawful solicitation of persons involved in motor vehicle accidents.

5996

817.234(11)(a)

3rd

Insurance fraud; property value less than $20,000.

5997

817.236

3rd

Filing a false motor vehicle insurance application.

5998

817.2361

3rd

Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

5999

817.413(2)

3rd

Sale of used goods as new.

6000

817.505(4)

3rd

Patient brokering.

6001

828.12(2)

3rd

Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

6002

831.28(2)(a)

3rd

Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

6003

831.29

2nd

Possession of instruments for counterfeiting drivers' licenses or identification cards.

6004

838.021(3)(b)

3rd

Threatens unlawful harm to public servant.

6005

843.19

3rd

Injure, disable, or kill police dog or horse.

6006

860.15(3)

3rd

Overcharging for repairs and parts.

6007

870.01(2)

3rd

Riot; inciting or encouraging.

6008

893.13(1)(a)2.

3rd

Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).

6009

893.13(1)(d)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.

6010

893.13(1)(f)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.

6011

893.13(6)(a)

3rd

Possession of any controlled substance other than felony possession of cannabis.

6012

893.13(7)(a)8.

3rd

Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

6013

893.13(7)(a)9.

3rd

Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

6014

893.13(7)(a)10.

3rd

Affix false or forged label to package of controlled substance.

6015

893.13(7)(a)11.

3rd

Furnish false or fraudulent material information on any document or record required by chapter 893.

6016

893.13(8)(a)1.

3rd

Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.

6017

893.13(8)(a)2.

3rd

Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.

6018

893.13(8)(a)3.

3rd

Knowingly write a prescription for a controlled substance for a fictitious person.

6019

893.13(8)(a)4.

3rd

Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.

6020

918.13(1)(a)

3rd

Alter, destroy, or conceal investigation evidence.

6021

944.47 (1)(a)1.-2.

3rd

Introduce contraband to correctional facility.

6022

944.47(1)(c)

2nd

Possess contraband while upon the grounds of a correctional institution.

6023

985.3141

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

6024

(j) LEVEL 10

6025

499.00545 ~~499.0054~~

1st

Sale or purchase of contraband legend drugs resulting in death.

6026

782.04(2)

1st,PBL

Unlawful killing of human; act is homicide, unpremeditated.

6027

787.01(1)(a)3.

1st,PBL

Kidnapping; inflict bodily harm upon or terrorize victim.

6028

787.01(3)(a)

Life

Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.

6029

782.07(3)

1st

Aggravated manslaughter of a child.

6030

794.011(3)

Life

Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.

6031

876.32

1st

Treason against the state.

6032

6033

Reviser's note.--Paragraph (3)(c) is as published in

6034

s. 3, ch. 2003-59; s. 2, ch. 2003-95; s. 8, ch. 2003-

6035

148; and s. 13, ch. 2003-411, Laws of Florida. The

6036

amendment by s. 36, ch. 2003-412, Laws of Florida,

6037

inserted an unintended uncoded change of the felony

6038

degree for violations of s. 893.13(1)(f)2. from "2nd"

6039

to "3rd." The actual felony degree for violations of

6040

s. 893.13(1)(f)2. specified in that subparagraph is

6041

"2nd." Paragraph (3)(j) is amended to conform to the

6042

redesignation of s. 499.0054 as s. 499.00545 by the

6043

reviser incident to compiling the 2003 Florida

6044

Statutes.

6045

6046

Section 163. Paragraph (b) of subsection (1) of section

6047

921.0024, Florida Statutes, is amended to read:

6048

921.0024 Criminal Punishment Code; worksheet computations;

6049

scoresheets.--

6050

(1)

6051

(b) WORKSHEET KEY:

6052

6053

Legal status points are assessed when any form of legal status

6054

existed at the time the offender committed an offense before the

6055

court for sentencing. Four (4) sentence points are assessed for

6056

an offender's legal status.

6057

6058

Community sanction violation points are assessed when a

6059

community sanction violation is before the court for sentencing.

6060

Six (6) sentence points are assessed for each community

6061

sanction violation, and each successive community sanction

6062

violation; however, if the community sanction violation includes

6063

a new felony conviction before the sentencing court, twelve (12)

6064

community sanction violation points are assessed for such

6065

violation, and for each successive community sanction violation

6066

involving a new felony conviction. Multiple counts of community

6067

sanction violations before the sentencing court shall not be a

6068

basis for multiplying the assessment of community sanction

6069

violation points.

6070

6071

Prior serious felony points: If the offender has a primary

6072

offense or any additional offense ranked in level 8, level 9, or

6073

level 10, and one or more prior serious felonies, a single

6074

assessment of 30 points shall be added. For purposes of this

6075

section, a prior serious felony is an offense in the offender's

6076

prior record that is ranked in level 8, level 9, or level 10

6077

under s. 921.0022 or s. 921.0023 and for which the offender is

6078

serving a sentence of confinement, supervision, or other

6079

sanction or for which the offender's date of release from

6080

confinement, supervision, or other sanction, whichever is later,

6081

is within 3 years before the date the primary offense or any

6082

additional offense was committed.

6083

6084

Prior capital felony points: If the offender has one or more

6085

prior capital felonies in the offender's criminal record, points

6086

shall be added to the subtotal sentence points of the offender

6087

equal to twice the number of points the offender receives for

6088

the primary offense and any additional offense. A prior capital

6089

felony in the offender's criminal record is a previous capital

6090

felony offense for which the offender has entered a plea of nolo

6091

contendere or guilty or has been found guilty; or a felony in

6092

another jurisdiction which is a capital felony in that

6093

jurisdiction, or would be a capital felony if the offense were

6094

committed in this state.

6095

6096

Possession of a firearm, semiautomatic firearm, or machine gun:

6097

If the offender is convicted of committing or attempting to

6098

commit any felony other than those enumerated in s. 775.087(2)

6099

while having in his or her possession: a firearm as defined in

6100

s. 790.001(6), an additional 18 sentence points are assessed; or

6101

if the offender is convicted of committing or attempting to

6102

commit any felony other than those enumerated in s. 775.087(3)

6103

while having in his or her possession a semiautomatic firearm as

6104

defined in s. 775.087(3) or a machine gun as defined in s.

6105

790.001(9), an additional 25 sentence points are assessed.

6106

6107

Sentencing multipliers:

6108

6109

Drug trafficking: If the primary offense is drug trafficking

6110

under s. 893.135, the subtotal sentence points are multiplied,

6111

at the discretion of the court, for a level 7 or level 8

6112

offense, by 1.5. The state attorney may move the sentencing

6113

court to reduce or suspend the sentence of a person convicted of

6114

a level 7 or level 8 offense, if the offender provides

6115

substantial assistance as described in s. 893.135(4).

6116

6117

Law enforcement protection: If the primary offense is a

6118

violation of the Law Enforcement Protection Act under s.

6119

775.0823(2), the subtotal sentence points are multiplied by 2.5.

6120

If the primary offense is a violation of s. 775.0823(3), (4),

6121

(5), (6), (7), or (8), the subtotal sentence points are

6122

multiplied by 2.0. If the primary offense is a violation of s.

6123

784.07(3) or s. 775.0875(1), or of the Law Enforcement

6124

Protection Act under s. 775.0823(9) or (10), the subtotal

6125

sentence points are multiplied by 1.5.

6126

6127

Grand theft of a motor vehicle: If the primary offense is grand

6128

theft of the third degree involving a motor vehicle and in the

6129

offender's prior record, there are three or more grand thefts of

6130

the third degree involving a motor vehicle, the subtotal

6131

sentence points are multiplied by 1.5.

6132

6133

Offense related to a criminal street gang: If the offender is

6134

convicted of the primary offense and committed that offense for

6135

the purpose of benefiting, promoting, or furthering the

6136

interests of a criminal street gang as prohibited under s.

6137

874.04, the subtotal sentence points are multiplied by 1.5.

6138

6139

Domestic violence in the presence of a child: If the offender

6140

is convicted of the primary offense and the primary offense is a

6141

crime of domestic violence, as defined in s. 741.28, which was

6142

committed in the presence of a child under 16 years of age who

6143

is a family or household member as defined in s. 741.28(3)

6144

~~741.28(2)~~ with the victim or perpetrator, the subtotal sentence

6145

points are multiplied by 1.5.

6146

6147

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

6148

redesignation of s. 741.28(2) as s. 741.28(3) by s. 9,

6149

ch. 2002-55, Laws of Florida, and to conform to the

6150

term as defined there.

6151

6152

Section 164. Paragraph (b) of subsection (2) of section

6153

943.171, Florida Statutes, is amended to read:

6154

943.171 Basic skills training in handling domestic

6155

violence cases.--

6156

(2) As used in this section, the term:

6157

(b) "Household member" has the meaning set forth in s.

6158

741.28(3) ~~741.28(4)~~.

6159

6160

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

6161

facilitate correct interpretation. The term "household

6162

member" is defined in s. 741.28(3).

6163

6164

Section 165. Effective July 1, 2004, subsection (3) of

6165

section 985.203, Florida Statutes, as amended by s. 139, ch.

6166

2003-402, Laws of Florida, is amended to read:

6167

985.203 Right to counsel.--

6168

(3) An indigent child with nonindigent parents or legal

6169

guardian may have counsel appointed pursuant to s. 27.52(3)(d)

6170

~~27.52(2)(d)~~ if the parents or legal guardian have willfully

6171

refused to obey the court order to obtain counsel for the child

6172

and have been punished by civil contempt and then still have

6173

willfully refused to obey the court order. Costs of

6174

representation are hereby imposed as provided by ss. 27.52(3)(d)

6175

~~27.52(2)(d)~~ and 938.29.

6176

6177

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

6178

redesignation of s. 27.52(2)(d) as s. 27.52(3)(d) by

6179

s. 16, ch. 2003-402, Laws of Florida.

6180

6181

Section 166. Subsection (4) of section 1003.52, Florida

6182

Statutes, is amended to read:

6183

1003.52 Educational services in Department of Juvenile

6184

Justice programs.--

6185

(4) Educational services shall be provided at times of the

6186

day most appropriate for the juvenile justice program. School

6187

programming in juvenile justice detention, commitment, and

6188

rehabilitation programs shall be made available by the local

6189

school district during the juvenile justice school year, as

6190

defined in s. 1003.01(11) ~~1003.01(12)~~.

6191

6192

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

6193

facilitate correct interpretation. Reference to the

6194

juvenile justice school year may be found in s.

6195

1003.01(11).

6196

6197

Section 167. Subsection (4) of section 1007.27, Florida

6198

Statutes, is amended to read:

6199

1007.27 Articulated acceleration mechanisms.--

6200

(4) It is the intent of the Legislature to provide

6201

articulated acceleration mechanisms for students who are in home

6202

education programs, as defined in s. 1002.01 ~~1003.01(11)~~,

6203

consistent with the educational opportunities available to

6204

public and private secondary school students. Home education

6205

students may participate in dual enrollment, career and

6206

technical dual enrollment, early admission, and credit by

6207

examination. Credit earned by home education students through

6208

dual enrollment shall apply toward the completion of a home

6209

education program that meets the requirements of s. 1002.41.

6210

6211

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

6212

facilitate correct interpretation. The term "home

6213

education program" is defined in s. 1002.01.

6214

6215

Section 168. Subsection (1) of section 1009.29, Florida

6216

Statutes, is amended to read:

6217

1009.29 Increased fees for funding financial aid

6218

program.--

6219

(1) Student tuition and registration fees at each state

6220

university and community college shall include up to $4.68 per

6221

quarter, or $7.02 per semester, per full-time student, or the

6222

per-student credit hour equivalents of such amounts. The fees

6223

provided for by this section shall be adjusted from time to

6224

time, as necessary, to comply with the debt service coverage

6225

requirements of the student loan revenue bonds issued pursuant

6226

to s. 1009.79. If the Division of Bond Finance of the State

6227

Board of Education and the Commissioner of Education determine

6228

that such fees are no longer required as security for revenue

6229

bonds issued pursuant to ss. 1009.78-1009.88, moneys previously

6230

collected pursuant to this section which are held in escrow,

6231

after administrative expenses have been met and up to $150,000

6232

has been used to establish a financial aid data processing

6233

system for the state universities incorporating the necessary

6234

features to meet the needs of all eleven ~~nine~~ universities for

6235

application through disbursement processing, shall be

6236

reallocated to the generating institutions to be used for

6237

student financial aid programs, including, but not limited to,

6238

scholarships and grants for educational purposes. Upon such

6239

determination, such fees shall no longer be assessed and

6240

collected.

6241

6242

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

6243

facilitate correct interpretation. Section 1000.21(6)

6244

lists 11 institutions as state universities.

6245

6246

Section 169. Subsection (2) of section 1011.60, Florida

6247

Statutes, is amended to read:

6248

1011.60 Minimum requirements of the Florida Education

6249

Finance Program.--Each district which participates in the state

6250

appropriations for the Florida Education Finance Program shall

6251

provide evidence of its effort to maintain an adequate school

6252

program throughout the district and shall meet at least the

6253

following requirements:

6254

(2) MINIMUM TERM.--Operate all schools for a term of at

6255

least 180 actual teaching days ~~as prescribed in s. 1003.01(14)~~

6256

or the equivalent on an hourly basis as specified by rules of

6257

the State Board of Education each school year. The State Board

6258

of Education may prescribe procedures for altering, and, upon

6259

written application, may alter, this requirement during a

6260

national, state, or local emergency as it may apply to an

6261

individual school or schools in any district or districts if, in

6262

the opinion of the board, it is not feasible to make up lost

6263

days, and the apportionment may, at the discretion of the

6264

Commissioner of Education and if the board determines that the

6265

reduction of school days is caused by the existence of a bona

6266

fide emergency, be reduced for such district or districts in

6267

proportion to the decrease in the length of term in any such

6268

school or schools. A strike, as defined in s. 447.203(6), by

6269

employees of the school district may not be considered an

6270

emergency.

6271

6272

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

6273

facilitate correct interpretation. Section 1003.01(14)

6274

does not pertain to a term of 180 actual teaching

6275

days.

6276

6277

Section 170. Subsection (9) of section 1012.56, Florida

6278

Statutes, is amended to read:

6279

1012.56 Educator certification requirements.--

6280

(9) NONCITIZENS.--

6281

(a) The State Board of Education may adopt rules for

6282

issuing certificates to noncitizens who are needed to teach and

6283

who are legally admitted to the United States through the United

6284

States Bureau of Citizenship and Immigration Services

6285

~~Immigration and Naturalization Service~~. The filing of a written

6286

oath to uphold the principles of the Constitution of the United

6287

States and the Constitution of the State of Florida, required

6288

under paragraph (2)(b), does not apply to individuals assigned

6289

to teach on an exchange basis.

6290

(b) A certificate may not be issued to a citizen of a

6291

nation controlled by forces that are antagonistic to democratic

6292

forms of government, except to an individual who has been

6293

legally admitted to the United States through the United States

6294

Bureau of Citizenship and Immigration Services ~~Immigration and~~

6295

~~Naturalization Service~~.

6296

6297

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

6298

redesignation of the Immigration and Naturalization

6299

Service pursuant to its transfer to the Department of

6300

Homeland Security by s. 451, Pub. L. No. 107-296.

6301

6302

Section 171. Subsection (1) of section 1013.74, Florida

6303

Statutes, is amended to read:

6304

1013.74 University authorization for fixed capital outlay

6305

projects.--

6306

(1) Notwithstanding the provisions of chapter 216,

6307

including s. 216.351, a university may accomplish fixed capital

6308

outlay projects consistent with the provisions of this section.

6309

Projects authorized by this section shall not require

6310

educational plant survey approval as prescribed in this chapter

6311

~~235~~.

6312

6313

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

6314

facilitate correct interpretation. Chapter 235 was

6315

repealed by s. 1058, ch. 2002-387, Laws of Florida.

6316

Chapter 1013 covers educational facilities.

6317

6318

Section 172. Subsection (3) of section 1013.79, Florida

6319

Statutes, is amended to read:

6320

1013.79 University Facility Enhancement Challenge Grant

6321

Program.--

6322

(3) There is established the Alec P. Courtelis Capital

6323

Facilities Matching Trust Fund for the purpose of providing

6324

matching funds from private contributions for the development of

6325

high priority instructional and research-related capital

6326

facilities, including common areas connecting such facilities,

6327

within a university. The Legislature shall appropriate funds to

6328

be transferred to the trust fund. The Public Education Capital

6329

Outlay and Debt Service Trust Fund, Capital Improvement Trust

6330

Fund, Division of Sponsored Research Trust Fund, and Contracts

6331

and Grants Trust Fund shall not be used as the source of the

6332

state match for private contributions. All appropriated funds

6333

deposited into the trust fund shall be invested pursuant to the

6334

provisions of s. 17.61 ~~17.161~~. Interest income accruing to that

6335

portion of the trust fund shall increase the total funds

6336

available for the challenge grant program. Interest income

6337

accruing from the private donations shall be returned to the

6338

participating foundation upon completion of the project. The

6339

State Board of Education shall administer the trust fund and all

6340

related construction activities.

6341

6342

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

6343

facilitate correct interpretation. Section 17.161 does

6344

not exist. Section 17.61 relates to investment of

6345

funds.

6346

6347

Section 173. Except as otherwise provided herein, this act

6348

shall take effect on the 60th day after adjournment sine die of

6349

the session of the Legislature in which enacted.

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