HB 1215

1
A reviser's bill to be entitled
2An act relating to the Florida Statutes; repealing ss.
320.19(5)(b)2., 20.3315(3), 27.005, 27.006, 27.271, 27.33,
427.3455, 27.36, 27.385, 27.605, 29.002, 29.003, 29.009,
529.011, 43.28, 50.071, 57.091, 166.411(11), 196.1994,
6202.27(7), 213.131(2), 216.181(17), 216.292(5)(f),
7218.325, 220.191(1)(h)2., 252.373(1)(b) and (c),
8259.105(21), 288.9511, 288.9515, 288.9517, 339.08(4),
9339.082(3), 372.127(3), 372.561(9), 376.875(6), 381.79(7),
10456.0375, 601.15(3)(f), 723.06115(3), 914.06, 925.035,
11925.036, 925.037, 932.7055(5)(d), 939.05, 939.07, 939.10,
12939.15, 985.4075(2), 1004.225, and 1010.87(3), F.S., all
13of which provisions have become inoperative by noncurrent
14repeal or expiration and, pursuant to s. 11.242(5)(b) and
15(i), may be omitted from the 2005 Florida Statutes only
16through a reviser's bill duly enacted by the Legislature;
17amending s. 378.035, F.S., to delete obsolete material and
18repeal a provision that has become inoperative by
19noncurrent expiration and, pursuant to s. 11.242(5)(b) and
20(i), may be omitted from the 2005 Florida Statutes only
21through a reviser's bill duly enacted by the Legislature;
22repealing s. 383.410, F.S., to confirm the October 2,
232004, repeal of an exemption in accordance with the Open
24Government Sunset Review Act of 1995; amending s.
25202.35(3), F.S., to conform to the repeal of s. 202.27(7),
26F.S.; and amending s. 627.732(1)(a), F.S., to conform to
27the repeal of s. 456.0375, F.S.; providing an effective
28date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Subparagraph 2. of paragraph (b) of subsection
33(5) of section 20.19, Florida Statutes, as amended by section 12
34of chapter 2004-269, Laws of Florida, is repealed.
35
36Reviser's note.--The cited subparagraph, which relates
37to transfer authority for the 2003-2004 fiscal year
38only, as to funds for service districts within the
39Department of Children and Family Services, expired
40pursuant to its own terms, effective July 1, 2004.
41
42     Section 2.  Subsection (3) of section 20.3315, Florida
43Statutes, is repealed.
44
45Reviser's note.--The cited subsection, which relates
46to termination of the Florida Forever Program Trust
47Fund of the Florida Fish and Wildlife Conservation
48Commission, was repealed pursuant to s. 2, ch. 2001-
4925, Laws of Florida, effective July 1, 2004. Since the
50subsection was not repealed by a "current session" of
51the Legislature, it may be omitted from the 2005
52Florida Statutes only through a reviser's bill duly
53enacted by the Legislature. See s. 11.242(5)(b) and
54(i).
55
56     Section 3.  Sections 27.005, 27.006, 27.271, 27.33,
5727.3455, 27.36, 27.385, 27.605, 29.002, 29.003, 29.009, 29.011,
5843.28, 50.071, 57.091, 218.325, 914.06, 925.035, 925.036,
59925.037, 939.05, 939.07, 939.10, and 939.15, Florida Statutes,
60are repealed.
61
62Reviser's note.--The cited sections, which relate to
63the court system and related funding, were repealed by
64s. 153, ch. 2003-402, Laws of Florida, effective July
651, 2004. Since the sections were not repealed by a
66"current session" of the Legislature, they may be
67omitted from the 2005 Florida Statutes only through a
68reviser's bill duly enacted by the Legislature. See s.
6911.242(5)(b) and (i).
70
71     Section 4.  Subsection (11) of section 166.411, Florida
72Statutes, is repealed.
73
74Reviser's note.--The cited subsection, which relates
75to use of the eminent domain power to obtain lands to
76be conveyed by a municipality to the county school
77board, was repealed pursuant to s. 2, ch. 2001-77,
78Laws of Florida, effective January 1, 2004. Since the
79subsection was not repealed by a "current session" of
80the Legislature, it may be omitted from the 2005
81Florida Statutes only through a reviser's bill duly
82enacted by the Legislature. See s. 11.242(5)(b) and
83(i).
84
85     Section 5.  Section 196.1994, Florida Statutes, is
86repealed.
87
88Reviser's note.--The cited section, which relates to a
89property tax exemption for space laboratories and
90carriers, expired pursuant to its own terms, effective
91July 1, 2004.
92
93     Section 6.  Subsection (7) of section 202.27, Florida
94Statutes, is repealed.
95
96Reviser's note.--The cited subsection, which relates
97to material error in reporting of local communications
98services taxes, was repealed pursuant to s. 6, ch.
992003-254, Laws of Florida, effective June 30, 2004.
100Since the subsection was not repealed by a "current
101session" of the Legislature, it may be omitted from
102the 2005 Florida Statutes only through a reviser's
103bill duly enacted by the Legislature. See s.
10411.242(5)(b) and (i).
105
106     Section 7.  Subsection (2) of section 213.131, Florida
107Statutes, is repealed.
108
109Reviser's note.--The cited subsection, which relates
110to termination of the Department of Revenue Clerks of
111the Court Trust Fund, was repealed by s. 2, ch. 2003-
112243, Laws of Florida, effective November 4, 2004.
113Since the subsection was not repealed by a "current
114session" of the Legislature, it may be omitted from
115the 2005 Florida Statutes only through a reviser's
116bill duly enacted by the Legislature. See s.
11711.242(5)(b) and (i).
118
119     Section 8.  Subsection (17) of section 216.181, Florida
120Statutes, is repealed.
121
122Reviser's note.--The cited subsection, which relates
123to positions and associated budget transfers by the
124Department of Law Enforcement for the 2003-2004 fiscal
125year only, expired pursuant to its own terms,
126effective July 1, 2004.
127
128     Section 9.  Paragraph (f) of subsection (5) of section
129216.292, Florida Statutes, is repealed.
130
131Reviser's note.--The cited paragraph, which relates to
132authorization for the Governor to approve the
133initiation of certain fixed capital outlay projects
134within the Department of Corrections for specified
135purposes, expired pursuant to its own terms, effective
136March 8, 2004.
137
138     Section 10.  Subparagraph 2. of paragraph (h) of subsection
139(1) of section 220.191, Florida Statutes, as reenacted by
140section 17 of chapter 2004-5, Laws of Florida, is repealed.
141
142Reviser's note.--The cited subparagraph, which relates
143to certain new financial facilities qualifying as
144"qualifying projects" for purposes of the capital
145investment tax credit, expired pursuant to its own
146terms, effective June 30, 2004.
147
148     Section 11.  Paragraphs (b) and (c) of subsection (1) of
149section 252.373, Florida Statutes, as amended by section 4 of
150chapter 2004-235, Laws of Florida, and section 48 of chapter
1512004-269, Laws of Florida, are repealed.
152
153Reviser's note.--The cited paragraphs, which relate to
154use of the Emergency Management, Preparedness, and
155Assistance Trust Fund for fiscal year 2003-2004 only,
156and a review and transfer of funds within that trust
157fund, expired pursuant to their own terms, effective
158July 1, 2004.
159
160     Section 12.  Subsection (21) of section 259.105, Florida
161Statutes, is repealed.
162
163Reviser's note.--The cited subsection, which relates
164to distribution of funds to water management districts
165for specified purposes for the 2003-2004 fiscal year
166only, expired pursuant to its own terms, effective
167July 1, 2004.
168
169     Section 13.  Section 288.9511, Florida Statutes, as amended
170by section 23 of chapter 2004-357, Laws of Florida, and sections
171288.9515 and 288.9517, Florida Statutes, are repealed.
172
173Reviser's note.--The cited sections, which relate to
174technology development programs, were repealed by s.
17580, ch. 2003-399, Laws of Florida, effective July 1,
1762004. Since the sections were not repealed by a
177"current session" of the Legislature, they may be
178omitted from the 2005 Florida Statutes only through a
179reviser's bill duly enacted by the Legislature. See s.
18011.242(5)(b) and (i).
181
182     Section 14.  Subsection (4) of section 339.08, Florida
183Statutes, as amended by section 8 of chapter 2004-366, Laws of
184Florida, is repealed.
185
186Reviser's note.--The cited subsection, which transfers
187specified funds from the State Transportation Trust
188Fund to the General Revenue Fund for the 2003-2004
189fiscal year only, expired pursuant to its own terms,
190effective July 1, 2004.
191
192     Section 15.  Subsection (3) of section 339.082, Florida
193Statutes, is repealed.
194
195Reviser's note.--The cited subsection, which relates
196to termination of the Federal Law Enforcement Trust
197Fund within the Department of Transportation, was
198repealed by s. 2, ch. 2002-136, Laws of Florida,
199effective May 25, 2004. Since the subsection was not
200repealed by a "current session" of the Legislature, it
201may be omitted from the 2005 Florida Statutes only
202through a reviser's bill duly enacted by the
203Legislature. See s. 11.242(5)(b) and (i).
204
205     Section 16.  Subsection (3) of section 372.127, Florida
206Statutes, is repealed.
207
208Reviser's note.--The cited subsection, which relates
209to termination of the Conservation and Recreation
210Lands Program Trust Fund of the Fish and Wildlife
211Conservation Commission, was repealed by s. 2, ch.
2122001-34, Laws of Florida, effective July 1, 2004.
213Since the subsection was not repealed by a "current
214session" of the Legislature, it may be omitted from
215the 2005 Florida Statutes only through a reviser's
216bill duly enacted by the Legislature. See s.
21711.242(5)(b) and (i).
218
219     Section 17.  Subsection (9) of section 372.561, Florida
220Statutes, is repealed.
221
222Reviser's note.--The cited subsection, which relates
223to implementation of fees for hunting and fishing
224licenses and permits, expired pursuant to its own
225terms, effective July 1, 2004.
226
227     Section 18.  Subsection (6) of section 376.875, Florida
228Statutes, is repealed.
229
230Reviser's note.--The cited subsection, which relates
231to use of moneys in the Brownfield Property Ownership
232Clearance Assistance Revolving Loan Trust Fund for the
2332003-2004 fiscal year only, expired pursuant to its
234own terms, effective July 1, 2004.
235
236     Section 19.  Subsection (7) of section 381.79, Florida
237Statutes, is repealed.
238
239Reviser's note.--The cited subsection, which relates
240to disbursement of specified appropriated funds for
241brain and spinal cord injury research for the 2003-
2422004 fiscal year only, expired pursuant to its own
243terms, effective July 1, 2004.
244
245     Section 20.  Section 456.0375, Florida Statutes, is
246repealed.
247
248Reviser's note.--The cited section, which relates to
249registration of certain clinics, was repealed by s.
25015, ch. 2003-411, Laws of Florida, effective March 1,
2512004. Since the section was not repealed by a "current
252session" of the Legislature, it may be omitted from
253the 2005 Florida Statutes only through a reviser's
254bill duly enacted by the Legislature. See s.
25511.242(5)(b) and (i).
256
257     Section 21.  Paragraph (f) of subsection (3) of section
258601.15, Florida Statutes, is repealed.
259
260Reviser's note.--The cited paragraph, which relates to
261reduction of citrus excise tax rates for the 2003-2004
262fiscal year only, expired pursuant to its own terms,
263effective July 1, 2004.
264
265     Section 22.  Subsection (3) of section 723.06115, Florida
266Statutes, is repealed.
267
268Reviser's note.--The cited subsection, which relates
269to termination of the Florida Mobile Home Relocation
270Trust Fund, was repealed by s. 2, ch. 2003-249, Laws
271of Florida, effective November 4, 2004. Since the
272subsection was not repealed by a "current session" of
273the Legislature, it may be omitted from the 2005
274Florida Statutes only through a reviser's bill duly
275enacted by the Legislature. See s. 11.242(5)(b) and
276(i).
277
278     Section 23.  Paragraph (d) of subsection (5) of section
279932.7055, Florida Statutes, as amended by section 3 of chapter
2802004-39, Laws of Florida, is repealed.
281
282Reviser's note.--The cited paragraph, which relates to
283expenditure of funds in a special law enforcement
284trust fund established by the governing body of a
285municipality for the 2003-2004 fiscal year only,
286expired pursuant to its own terms, effective July 1,
2872004.
288
289     Section 24.  Subsection (2) of section 985.4075, Florida
290Statutes, is repealed.
291
292Reviser's note.--The cited subsection, which relates
293to a prohibition on use of operations appropriations
294for one-time startup funding for fixed capital outlay
295for juvenile justice programs, expired pursuant to its
296own terms, effective July 1, 2004.
297
298     Section 25.  Section 1004.225, Florida Statutes, is
299repealed.
300
301Reviser's note.--The cited section, which consists of
302the Florida Technology Development Act, expired
303pursuant to its own terms, effective July 1, 2004.
304
305     Section 26.  Subsection (3) of section 1010.87, Florida
306Statutes, is repealed.
307
308Reviser's note.--The cited subsection, which relates
309to termination of the Workers' Compensation
310Administration Trust Fund within the Department of
311Education, was repealed by s. 2, ch. 2003-208, Laws of
312Florida, effective November 4, 2004. Since the
313subsection was not repealed by a "current session" of
314the Legislature, it may be omitted from the 2005
315Florida Statutes only through a reviser's bill duly
316enacted by the Legislature. See s. 11.242(5)(b) and
317(i).
318
319     Section 27.  Section 378.035, Florida Statutes, as amended
320by section 4 of chapter 2003-423, Laws of Florida, is amended to
321read:
322     378.035  Department responsibilities and duties with
323respect to Nonmandatory Land Reclamation Trust Fund.--
324     (1)  The department shall administer the Nonmandatory Land
325Reclamation Trust Fund.
326     (2)(a)  The department shall verify that reclamation
327activities or portions thereof have been accomplished in
328accordance with the reclamation contract and shall certify the
329cost of such reclamation activities to the Chief Financial
330Officer for reimbursement.
331     (b)  Beginning in 1985, the department shall determine the
332maximum dollar amount a landowner may be reimbursed per
333reclaimed acre under an approved reclamation program.
334     (c)  Nothing in this act precludes a landowner from
335performing the reclamation pursuant to the approved reclamation
336program, provided the landowner complies with the provisions of
337this act.
338     (3)  If an applicant who has signed a reclamation contract
339abandons the reclamation program prior to substantial completion
340of the program, the department may spend the remaining balance
341of funds not expended under the contract to complete the
342program.
343     (a)  The contract amount and any amounts spent by the
344department in excess of the remaining balance of the funds under
345the contract become a lien upon the property, enforceable
346pursuant to chapter 85.  The moneys received as a result of a
347lien foreclosure or as repayment shall be deposited into the
348trust fund.
349     (b)  If the land acquired pursuant to the lien foreclosure
350has recreational or wildlife value, the department may retain
351ownership as with other property acquired pursuant to s.
352378.036. If the department sells the property, the department
353shall deposit the proceeds of the sale into the trust fund.
354     (4)  Interest on moneys deposited in the Nonmandatory Land
355Reclamation Trust Fund shall accrue to that fund.
356     (5)  Funds within the Nonmandatory Land Reclamation Trust
357Fund are also authorized for use by the department for the
358following purposes:
359     (a)  To reclaim lands disturbed by the severance of
360phosphate rock on or after July 1, 1975, in the event that a
361mining company ceases mining and the associated reclamation
362prior to all lands disturbed by the operation being reclaimed.
363Moneys expended by the department to accomplish reclamation
364pursuant to this subsection shall become a lien upon the
365property enforceable pursuant to chapter 85. The moneys received
366as a result of a lien foreclosure or as repayment shall be
367deposited into the trust fund. In the event the money received
368as a result of lien foreclosure or repayment is less than the
369amount expended for reclamation, the department shall use all
370means available to recover, for the use of the fund, the
371difference from the affected parties. Paragraph (3)(b) shall
372apply to lands acquired as a result of a lien foreclosure.
373     (b)  For the abatement of an imminent hazard as provided by
374s. 403.4154(4) and for the purpose of closing an abandoned
375phosphogypsum stack system and carrying out postclosure care as
376provided by s. 403.4154(6).
377     (c)  For the purpose of funding basic management or
378protection of reclaimed, restored, or preserved phosphate lands:
379     1.  Which have wildlife habitat value as determined by the
380Bureau of Mine Reclamation;
381     2.  Which have been transferred by the landowner to a
382public agency or a private, nonprofit land conservation and
383management entity in fee simple, or which have been made subject
384to a conservation easement pursuant to s. 704.06; and
385     3.  For which other management funding options are not
386available.
387
388These funds may, after the basic management or protection has
389been assured for all such lands, be combined with other
390available funds to provide a higher level of management for such
391lands.
392     (d)  For the sole purpose of funding the department's
393implementation of:
394     1.  The NPDES permitting program authorized by s. 403.0885,
395as it applies to phosphate mining and beneficiation facilities,
396phosphate fertilizer production facilities, and phosphate
397loading and handling facilities;
398     2.  The regulation of dams in accordance with department
399rule 62-672, Florida Administrative Code; and
400     3.  The phosphogypsum management program pursuant to s.
401403.4154 and department rule 62-673, Florida Administrative
402Code.
403     (6)  Should the nonmandatory land reclamation program
404encumber all the funds in the Nonmandatory Land Reclamation
405Trust Fund except those reserved by subsection (5) prior to
406funding all the reclamation applications for eligible parcels,
407the funds reserved by subsection (5) shall be available to the
408program to the extent required to complete the reclamation of
409all eligible parcels for which the department has received
410applications.
411     (7)  The department may not accept any applications for
412nonmandatory land reclamation programs after January 1, 2005.
413     (8)  The Bureau of Mine Reclamation shall review the
414sufficiency of the Nonmandatory Land Reclamation Trust Fund to
415support the stated objectives and report to the secretary
416annually with recommendations as appropriate.
417     (9)  For the 2003-2004 fiscal year only, notwithstanding
418the provisions of subsections (5) and (6), the department is
419authorized to expend the moneys appropriated in the General
420Appropriations Act for the abatement of imminent hazards caused
421by, and for the closure of, abandoned phosphogypsum stack
422systems as provided in subsections (3) and (5) of s. 403.4154,
423respectively. This subsection expires July 1, 2004.
424
425For the 2003-2004 fiscal year the department may not approve or
426encumber nonmandatory reclamation projects in amounts greater
427than $15 million.
428
429Reviser's note.--Subsection (9), which relates to
430authorization of the Department of Environmental
431Protection to expend appropriated moneys for the
432abatement of imminent hazards caused by, and for the
433closure of, abandoned phosphogypsum stack systems for
434the 2003-2004 fiscal year only, expired pursuant to
435its own terms, effective July 1, 2004. The flush left
436paragraph at the end of s. 378.035 is repealed to
437conform to the fact that it prohibits approval of
438specified moneys for the 2003-2004 fiscal year only.
439
440     Section 28.  Section 383.410, Florida Statutes, is
441repealed.
442
443Reviser's note.--The cited section, which relates to
444confidential information obtained by the State Child
445Abuse Death Review Committee, or specified related
446committees or panels, is repealed to confirm the
447October 2, 2004, repeal of an exemption in accordance
448with s. 119.15, the Open Government Sunset Review Act
449of 1995.
450
451     Section 29.  Subsection (3) of section 202.35, Florida
452Statutes, is amended to read:
453     202.35  Powers of department in dealing with delinquents;
454tax to be separately stated.--
455     (3)  If a dealer or other person fails or refuses to make
456his or her records available for inspection so that an audit or
457examination of his or her books and records cannot be made,
458fails or refuses to register as a dealer, fails to make a report
459and pay the tax as provided by this chapter, makes a grossly
460incorrect report, or makes a report that is false or fraudulent,
461the department shall make an assessment from an estimate based
462upon the best information then available to it for the taxable
463period of retail sales of the dealer, together with any accrued
464interest and penalties. The department shall then proceed to
465collect the taxes, interest, and penalties on the basis of such
466assessment, which shall be considered prima facie correct; and
467the burden to show the contrary rests upon the dealer or other
468person. If the dealer fails to respond to a contact made
469pursuant to s. 202.27(6) or a notice issued pursuant to s.
470202.27(7), or if a dealer's records are determined to be
471inadequate for purposes of determining whether the dealer
472properly allocated tax to and between local governments, the
473department may determine the proper allocation or reallocation
474based upon the best information available to the department and
475shall seek the agreement of the affected local governments.
476
477Reviser's note.--Amended to conform to the repeal of
478s. 202.27(7) by this act to confirm the repeal of the
479subsection by s. 6, ch. 2003-254, Laws of Florida,
480effective June 30, 2004.
481
482     Section 30.  Paragraph (a) of subsection (1) of section
483627.732, Florida Statutes, is amended to read:
484     627.732  Definitions.--As used in ss. 627.730-627.7405, the
485term:
486     (1)  "Broker" means any person not possessing a license
487under chapter 395, chapter 400, chapter 458, chapter 459,
488chapter 460, chapter 461, or chapter 641 who charges or receives
489compensation for any use of medical equipment and is not the
490100-percent owner or the 100-percent lessee of such equipment.
491For purposes of this section, such owner or lessee may be an
492individual, a corporation, a partnership, or any other entity
493and any of its 100-percent-owned affiliates and subsidiaries.
494For purposes of this subsection, the term "lessee" means a long-
495term lessee under a capital or operating lease, but does not
496include a part-time lessee. The term "broker" does not include a
497hospital or physician management company whose medical equipment
498is ancillary to the practices managed, a debt collection agency,
499or an entity that has contracted with the insurer to obtain a
500discounted rate for such services; nor does the term include a
501management company that has contracted to provide general
502management services for a licensed physician or health care
503facility and whose compensation is not materially affected by
504the usage or frequency of usage of medical equipment or an
505entity that is 100-percent owned by one or more hospitals or
506physicians. The term "broker" does not include a person or
507entity that certifies, upon request of an insurer, that:
508     (a)  It is a clinic registered under s. 456.0375 or
509licensed under ss. 400.990-400.995;
510
511Reviser's note.--Amended to conform to the repeal of
512s. 456.0375 by this act to confirm the repeal of s.
513456.0375 by s. 15, ch. 2003-411, Laws of Florida,
514effective March 1, 2004.
515
516     Section 31.  This act shall take effect on the 60th day
517after adjournment sine die of the session of the Legislature in
518which enacted.


CODING: Words stricken are deletions; words underlined are additions.