HB 1215

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; repealing ss.
3	20.19(5)(b)2., 20.3315(3), 27.005, 27.006, 27.271, 27.33,
4	27.3455, 27.36, 27.385, 27.605, 29.002, 29.003, 29.009,
5	29.011, 43.28, 50.071, 57.091, 166.411(11), 196.1994,
6	202.27(7), 213.131(2), 216.181(17), 216.292(5)(f),
7	218.325, 220.191(1)(h)2., 252.373(1)(b) and (c),
8	259.105(21), 288.9511, 288.9515, 288.9517, 339.08(4),
9	339.082(3), 372.127(3), 372.561(9), 376.875(6), 381.79(7),
10	456.0375, 601.15(3)(f), 723.06115(3), 914.06, 925.035,
11	925.036, 925.037, 932.7055(5)(d), 939.05, 939.07, 939.10,
12	939.15, 985.4075(2), 1004.225, and 1010.87(3), F.S., all
13	of which provisions have become inoperative by noncurrent
14	repeal or expiration and, pursuant to s. 11.242(5)(b) and
15	(i), may be omitted from the 2005 Florida Statutes only
16	through a reviser's bill duly enacted by the Legislature;
17	amending s. 378.035, F.S., to delete obsolete material and
18	repeal a provision that has become inoperative by
19	noncurrent expiration and, pursuant to s. 11.242(5)(b) and
20	(i), may be omitted from the 2005 Florida Statutes only
21	through a reviser's bill duly enacted by the Legislature;
22	repealing s. 383.410, F.S., to confirm the October 2,
23	2004, repeal of an exemption in accordance with the Open
24	Government Sunset Review Act of 1995; amending s.
25	202.35(3), F.S., to conform to the repeal of s. 202.27(7),
26	F.S.; and amending s. 627.732(1)(a), F.S., to conform to
27	the repeal of s. 456.0375, F.S.; providing an effective
28	date.
29
30	Be 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
34	of chapter 2004-269, Laws of Florida, is repealed.
35
36	Reviser's note.--The cited subparagraph, which relates
37	to transfer authority for the 2003-2004 fiscal year
38	only, as to funds for service districts within the
39	Department of Children and Family Services, expired
40	pursuant to its own terms, effective July 1, 2004.
41
42	Section 2.  Subsection (3) of section 20.3315, Florida
43	Statutes, is repealed.
44
45	Reviser's note.--The cited subsection, which relates
46	to termination of the Florida Forever Program Trust
47	Fund of the Florida Fish and Wildlife Conservation
48	Commission, was repealed pursuant to s. 2, ch. 2001-
49	25, Laws of Florida, effective July 1, 2004. Since the
50	subsection was not repealed by a "current session" of
51	the Legislature, it may be omitted from the 2005
52	Florida Statutes only through a reviser's bill duly
53	enacted 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,
57	27.3455, 27.36, 27.385, 27.605, 29.002, 29.003, 29.009, 29.011,
58	43.28, 50.071, 57.091, 218.325, 914.06, 925.035, 925.036,
59	925.037, 939.05, 939.07, 939.10, and 939.15, Florida Statutes,
60	are repealed.
61
62	Reviser's note.--The cited sections, which relate to
63	the court system and related funding, were repealed by
64	s. 153, ch. 2003-402, Laws of Florida, effective July
65	1, 2004. Since the sections were not repealed by a
66	"current session" of the Legislature, they may be
67	omitted from the 2005 Florida Statutes only through a
68	reviser's bill duly enacted by the Legislature. See s.
69	11.242(5)(b) and (i).
70
71	Section 4.  Subsection (11) of section 166.411, Florida
72	Statutes, is repealed.
73
74	Reviser's note.--The cited subsection, which relates
75	to use of the eminent domain power to obtain lands to
76	be conveyed by a municipality to the county school
77	board, was repealed pursuant to s. 2, ch. 2001-77,
78	Laws of Florida, effective January 1, 2004. Since the
79	subsection was not repealed by a "current session" of
80	the Legislature, it may be omitted from the 2005
81	Florida Statutes only through a reviser's bill duly
82	enacted by the Legislature. See s. 11.242(5)(b) and
83	(i).
84
85	Section 5.  Section 196.1994, Florida Statutes, is
86	repealed.
87
88	Reviser's note.--The cited section, which relates to a
89	property tax exemption for space laboratories and
90	carriers, expired pursuant to its own terms, effective
91	July 1, 2004.
92
93	Section 6.  Subsection (7) of section 202.27, Florida
94	Statutes, is repealed.
95
96	Reviser's note.--The cited subsection, which relates
97	to material error in reporting of local communications
98	services taxes, was repealed pursuant to s. 6, ch.
99	2003-254, Laws of Florida, effective June 30, 2004.
100	Since the subsection was not repealed by a "current
101	session" of the Legislature, it may be omitted from
102	the 2005 Florida Statutes only through a reviser's
103	bill duly enacted by the Legislature. See s.
104	11.242(5)(b) and (i).
105
106	Section 7.  Subsection (2) of section 213.131, Florida
107	Statutes, is repealed.
108
109	Reviser's note.--The cited subsection, which relates
110	to termination of the Department of Revenue Clerks of
111	the Court Trust Fund, was repealed by s. 2, ch. 2003-
112	243, Laws of Florida, effective November 4, 2004.
113	Since the subsection was not repealed by a "current
114	session" of the Legislature, it may be omitted from
115	the 2005 Florida Statutes only through a reviser's
116	bill duly enacted by the Legislature. See s.
117	11.242(5)(b) and (i).
118
119	Section 8.  Subsection (17) of section 216.181, Florida
120	Statutes, is repealed.
121
122	Reviser's note.--The cited subsection, which relates
123	to positions and associated budget transfers by the
124	Department of Law Enforcement for the 2003-2004 fiscal
125	year only, expired pursuant to its own terms,
126	effective July 1, 2004.
127
128	Section 9.  Paragraph (f) of subsection (5) of section
129	216.292, Florida Statutes, is repealed.
130
131	Reviser's note.--The cited paragraph, which relates to
132	authorization for the Governor to approve the
133	initiation of certain fixed capital outlay projects
134	within the Department of Corrections for specified
135	purposes, expired pursuant to its own terms, effective
136	March 8, 2004.
137
138	Section 10.  Subparagraph 2. of paragraph (h) of subsection
139	(1) of section 220.191, Florida Statutes, as reenacted by
140	section 17 of chapter 2004-5, Laws of Florida, is repealed.
141
142	Reviser's note.--The cited subparagraph, which relates
143	to certain new financial facilities qualifying as
144	"qualifying projects" for purposes of the capital
145	investment tax credit, expired pursuant to its own
146	terms, effective June 30, 2004.
147
148	Section 11.  Paragraphs (b) and (c) of subsection (1) of
149	section 252.373, Florida Statutes, as amended by section 4 of
150	chapter 2004-235, Laws of Florida, and section 48 of chapter
151	2004-269, Laws of Florida, are repealed.
152
153	Reviser's note.--The cited paragraphs, which relate to
154	use of the Emergency Management, Preparedness, and
155	Assistance Trust Fund for fiscal year 2003-2004 only,
156	and a review and transfer of funds within that trust
157	fund, expired pursuant to their own terms, effective
158	July 1, 2004.
159
160	Section 12.  Subsection (21) of section 259.105, Florida
161	Statutes, is repealed.
162
163	Reviser's note.--The cited subsection, which relates
164	to distribution of funds to water management districts
165	for specified purposes for the 2003-2004 fiscal year
166	only, expired pursuant to its own terms, effective
167	July 1, 2004.
168
169	Section 13.  Section 288.9511, Florida Statutes, as amended
170	by section 23 of chapter 2004-357, Laws of Florida, and sections
171	288.9515 and 288.9517, Florida Statutes, are repealed.
172
173	Reviser's note.--The cited sections, which relate to
174	technology development programs, were repealed by s.
175	80, ch. 2003-399, Laws of Florida, effective July 1,
176	2004. Since the sections were not repealed by a
177	"current session" of the Legislature, they may be
178	omitted from the 2005 Florida Statutes only through a
179	reviser's bill duly enacted by the Legislature. See s.
180	11.242(5)(b) and (i).
181
182	Section 14.  Subsection (4) of section 339.08, Florida
183	Statutes, as amended by section 8 of chapter 2004-366, Laws of
184	Florida, is repealed.
185
186	Reviser's note.--The cited subsection, which transfers
187	specified funds from the State Transportation Trust
188	Fund to the General Revenue Fund for the 2003-2004
189	fiscal year only, expired pursuant to its own terms,
190	effective July 1, 2004.
191
192	Section 15.  Subsection (3) of section 339.082, Florida
193	Statutes, is repealed.
194
195	Reviser's note.--The cited subsection, which relates
196	to termination of the Federal Law Enforcement Trust
197	Fund within the Department of Transportation, was
198	repealed by s. 2, ch. 2002-136, Laws of Florida,
199	effective May 25, 2004. Since the subsection was not
200	repealed by a "current session" of the Legislature, it
201	may be omitted from the 2005 Florida Statutes only
202	through a reviser's bill duly enacted by the
203	Legislature. See s. 11.242(5)(b) and (i).
204
205	Section 16.  Subsection (3) of section 372.127, Florida
206	Statutes, is repealed.
207
208	Reviser's note.--The cited subsection, which relates
209	to termination of the Conservation and Recreation
210	Lands Program Trust Fund of the Fish and Wildlife
211	Conservation Commission, was repealed by s. 2, ch.
212	2001-34, Laws of Florida, effective July 1, 2004.
213	Since the subsection was not repealed by a "current
214	session" of the Legislature, it may be omitted from
215	the 2005 Florida Statutes only through a reviser's
216	bill duly enacted by the Legislature. See s.
217	11.242(5)(b) and (i).
218
219	Section 17.  Subsection (9) of section 372.561, Florida
220	Statutes, is repealed.
221
222	Reviser's note.--The cited subsection, which relates
223	to implementation of fees for hunting and fishing
224	licenses and permits, expired pursuant to its own
225	terms, effective July 1, 2004.
226
227	Section 18.  Subsection (6) of section 376.875, Florida
228	Statutes, is repealed.
229
230	Reviser's note.--The cited subsection, which relates
231	to use of moneys in the Brownfield Property Ownership
232	Clearance Assistance Revolving Loan Trust Fund for the
233	2003-2004 fiscal year only, expired pursuant to its
234	own terms, effective July 1, 2004.
235
236	Section 19.  Subsection (7) of section 381.79, Florida
237	Statutes, is repealed.
238
239	Reviser's note.--The cited subsection, which relates
240	to disbursement of specified appropriated funds for
241	brain and spinal cord injury research for the 2003-
242	2004 fiscal year only, expired pursuant to its own
243	terms, effective July 1, 2004.
244
245	Section 20.  Section 456.0375, Florida Statutes, is
246	repealed.
247
248	Reviser's note.--The cited section, which relates to
249	registration of certain clinics, was repealed by s.
250	15, ch. 2003-411, Laws of Florida, effective March 1,
251	2004. Since the section was not repealed by a "current
252	session" of the Legislature, it may be omitted from
253	the 2005 Florida Statutes only through a reviser's
254	bill duly enacted by the Legislature. See s.
255	11.242(5)(b) and (i).
256
257	Section 21.  Paragraph (f) of subsection (3) of section
258	601.15, Florida Statutes, is repealed.
259
260	Reviser's note.--The cited paragraph, which relates to
261	reduction of citrus excise tax rates for the 2003-2004
262	fiscal year only, expired pursuant to its own terms,
263	effective July 1, 2004.
264
265	Section 22.  Subsection (3) of section 723.06115, Florida
266	Statutes, is repealed.
267
268	Reviser's note.--The cited subsection, which relates
269	to termination of the Florida Mobile Home Relocation
270	Trust Fund, was repealed by s. 2, ch. 2003-249, Laws
271	of Florida, effective November 4, 2004. Since the
272	subsection was not repealed by a "current session" of
273	the Legislature, it may be omitted from the 2005
274	Florida Statutes only through a reviser's bill duly
275	enacted by the Legislature. See s. 11.242(5)(b) and
276	(i).
277
278	Section 23.  Paragraph (d) of subsection (5) of section
279	932.7055, Florida Statutes, as amended by section 3 of chapter
280	2004-39, Laws of Florida, is repealed.
281
282	Reviser's note.--The cited paragraph, which relates to
283	expenditure of funds in a special law enforcement
284	trust fund established by the governing body of a
285	municipality for the 2003-2004 fiscal year only,
286	expired pursuant to its own terms, effective July 1,
287	2004.
288
289	Section 24.  Subsection (2) of section 985.4075, Florida
290	Statutes, is repealed.
291
292	Reviser's note.--The cited subsection, which relates
293	to a prohibition on use of operations appropriations
294	for one-time startup funding for fixed capital outlay
295	for juvenile justice programs, expired pursuant to its
296	own terms, effective July 1, 2004.
297
298	Section 25.  Section 1004.225, Florida Statutes, is
299	repealed.
300
301	Reviser's note.--The cited section, which consists of
302	the Florida Technology Development Act, expired
303	pursuant to its own terms, effective July 1, 2004.
304
305	Section 26.  Subsection (3) of section 1010.87, Florida
306	Statutes, is repealed.
307
308	Reviser's note.--The cited subsection, which relates
309	to termination of the Workers' Compensation
310	Administration Trust Fund within the Department of
311	Education, was repealed by s. 2, ch. 2003-208, Laws of
312	Florida, effective November 4, 2004. Since the
313	subsection was not repealed by a "current session" of
314	the Legislature, it may be omitted from the 2005
315	Florida Statutes only through a reviser's bill duly
316	enacted by the Legislature. See s. 11.242(5)(b) and
317	(i).
318
319	Section 27.  Section 378.035, Florida Statutes, as amended
320	by section 4 of chapter 2003-423, Laws of Florida, is amended to
321	read:
322	378.035  Department responsibilities and duties with
323	respect to Nonmandatory Land Reclamation Trust Fund.--
324	(1)  The department shall administer the Nonmandatory Land
325	Reclamation Trust Fund.
326	(2)(a)  The department shall verify that reclamation
327	activities or portions thereof have been accomplished in
328	accordance with the reclamation contract and shall certify the
329	cost of such reclamation activities to the Chief Financial
330	Officer for reimbursement.
331	(b)  Beginning in 1985, the department shall determine the
332	maximum dollar amount a landowner may be reimbursed per
333	reclaimed acre under an approved reclamation program.
334	(c)  Nothing in this act precludes a landowner from
335	performing the reclamation pursuant to the approved reclamation
336	program, provided the landowner complies with the provisions of
337	this act.
338	(3)  If an applicant who has signed a reclamation contract
339	abandons the reclamation program prior to substantial completion
340	of the program, the department may spend the remaining balance
341	of funds not expended under the contract to complete the
342	program.
343	(a)  The contract amount and any amounts spent by the
344	department in excess of the remaining balance of the funds under
345	the contract become a lien upon the property, enforceable
346	pursuant to chapter 85.  The moneys received as a result of a
347	lien foreclosure or as repayment shall be deposited into the
348	trust fund.
349	(b)  If the land acquired pursuant to the lien foreclosure
350	has recreational or wildlife value, the department may retain
351	ownership as with other property acquired pursuant to s.
352	378.036. If the department sells the property, the department
353	shall deposit the proceeds of the sale into the trust fund.
354	(4)  Interest on moneys deposited in the Nonmandatory Land
355	Reclamation Trust Fund shall accrue to that fund.
356	(5)  Funds within the Nonmandatory Land Reclamation Trust
357	Fund are also authorized for use by the department for the
358	following purposes:
359	(a)  To reclaim lands disturbed by the severance of
360	phosphate rock on or after July 1, 1975, in the event that a
361	mining company ceases mining and the associated reclamation
362	prior to all lands disturbed by the operation being reclaimed.
363	Moneys expended by the department to accomplish reclamation
364	pursuant to this subsection shall become a lien upon the
365	property enforceable pursuant to chapter 85. The moneys received
366	as a result of a lien foreclosure or as repayment shall be
367	deposited into the trust fund. In the event the money received
368	as a result of lien foreclosure or repayment is less than the
369	amount expended for reclamation, the department shall use all
370	means available to recover, for the use of the fund, the
371	difference from the affected parties. Paragraph (3)(b) shall
372	apply to lands acquired as a result of a lien foreclosure.
373	(b)  For the abatement of an imminent hazard as provided by
374	s. 403.4154(4) and for the purpose of closing an abandoned
375	phosphogypsum stack system and carrying out postclosure care as
376	provided by s. 403.4154(6).
377	(c)  For the purpose of funding basic management or
378	protection of reclaimed, restored, or preserved phosphate lands:
379	1.  Which have wildlife habitat value as determined by the
380	Bureau of Mine Reclamation;
381	2.  Which have been transferred by the landowner to a
382	public agency or a private, nonprofit land conservation and
383	management entity in fee simple, or which have been made subject
384	to a conservation easement pursuant to s. 704.06; and
385	3.  For which other management funding options are not
386	available.
387
388	These funds may, after the basic management or protection has
389	been assured for all such lands, be combined with other
390	available funds to provide a higher level of management for such
391	lands.
392	(d)  For the sole purpose of funding the department's
393	implementation of:
394	1.  The NPDES permitting program authorized by s. 403.0885,
395	as it applies to phosphate mining and beneficiation facilities,
396	phosphate fertilizer production facilities, and phosphate
397	loading and handling facilities;
398	2.  The regulation of dams in accordance with department
399	rule 62-672, Florida Administrative Code; and
400	3.  The phosphogypsum management program pursuant to s.
401	403.4154 and department rule 62-673, Florida Administrative
402	Code.
403	(6)  Should the nonmandatory land reclamation program
404	encumber all the funds in the Nonmandatory Land Reclamation
405	Trust Fund except those reserved by subsection (5) prior to
406	funding all the reclamation applications for eligible parcels,
407	the funds reserved by subsection (5) shall be available to the
408	program to the extent required to complete the reclamation of
409	all eligible parcels for which the department has received
410	applications.
411	(7)  The department may not accept any applications for
412	nonmandatory land reclamation programs after January 1, 2005.
413	(8)  The Bureau of Mine Reclamation shall review the
414	sufficiency of the Nonmandatory Land Reclamation Trust Fund to
415	support the stated objectives and report to the secretary
416	annually with recommendations as appropriate.
417	(9)  For the 2003-2004 fiscal year only, notwithstanding
418	the provisions of subsections (5) and (6), the department is
419	authorized to expend the moneys appropriated in the General
420	Appropriations Act for the abatement of imminent hazards caused
421	by, and for the closure of, abandoned phosphogypsum stack
422	systems as provided in subsections (3) and (5) of s. 403.4154,
423	respectively. This subsection expires July 1, 2004.
424
425	For the 2003-2004 fiscal year the department may not approve or
426	encumber nonmandatory reclamation projects in amounts greater
427	than $15 million.
428
429	Reviser's note.--Subsection (9), which relates to
430	authorization of the Department of Environmental
431	Protection to expend appropriated moneys for the
432	abatement of imminent hazards caused by, and for the
433	closure of, abandoned phosphogypsum stack systems for
434	the 2003-2004 fiscal year only, expired pursuant to
435	its own terms, effective July 1, 2004. The flush left
436	paragraph at the end of s. 378.035 is repealed to
437	conform to the fact that it prohibits approval of
438	specified moneys for the 2003-2004 fiscal year only.
439
440	Section 28.  Section 383.410, Florida Statutes, is
441	repealed.
442
443	Reviser's note.--The cited section, which relates to
444	confidential information obtained by the State Child
445	Abuse Death Review Committee, or specified related
446	committees or panels, is repealed to confirm the
447	October 2, 2004, repeal of an exemption in accordance
448	with s. 119.15, the Open Government Sunset Review Act
449	of 1995.
450
451	Section 29.  Subsection (3) of section 202.35, Florida
452	Statutes, is amended to read:
453	202.35  Powers of department in dealing with delinquents;
454	tax to be separately stated.--
455	(3)  If a dealer or other person fails or refuses to make
456	his or her records available for inspection so that an audit or
457	examination of his or her books and records cannot be made,
458	fails or refuses to register as a dealer, fails to make a report
459	and pay the tax as provided by this chapter, makes a grossly
460	incorrect report, or makes a report that is false or fraudulent,
461	the department shall make an assessment from an estimate based
462	upon the best information then available to it for the taxable
463	period of retail sales of the dealer, together with any accrued
464	interest and penalties. The department shall then proceed to
465	collect the taxes, interest, and penalties on the basis of such
466	assessment, which shall be considered prima facie correct; and
467	the burden to show the contrary rests upon the dealer or other
468	person. If the dealer fails to respond to a contact made
469	pursuant to s. 202.27(6) or a notice issued pursuant to s.
470	202.27(7), or if a dealer's records are determined to be
471	inadequate for purposes of determining whether the dealer
472	properly allocated tax to and between local governments, the
473	department may determine the proper allocation or reallocation
474	based upon the best information available to the department and
475	shall seek the agreement of the affected local governments.
476
477	Reviser's note.--Amended to conform to the repeal of
478	s. 202.27(7) by this act to confirm the repeal of the
479	subsection by s. 6, ch. 2003-254, Laws of Florida,
480	effective June 30, 2004.
481
482	Section 30.  Paragraph (a) of subsection (1) of section
483	627.732, Florida Statutes, is amended to read:
484	627.732  Definitions.--As used in ss. 627.730-627.7405, the
485	term:
486	(1)  "Broker" means any person not possessing a license
487	under chapter 395, chapter 400, chapter 458, chapter 459,
488	chapter 460, chapter 461, or chapter 641 who charges or receives
489	compensation for any use of medical equipment and is not the
490	100-percent owner or the 100-percent lessee of such equipment.
491	For purposes of this section, such owner or lessee may be an
492	individual, a corporation, a partnership, or any other entity
493	and any of its 100-percent-owned affiliates and subsidiaries.
494	For purposes of this subsection, the term "lessee" means a long-
495	term lessee under a capital or operating lease, but does not
496	include a part-time lessee. The term "broker" does not include a
497	hospital or physician management company whose medical equipment
498	is ancillary to the practices managed, a debt collection agency,
499	or an entity that has contracted with the insurer to obtain a
500	discounted rate for such services; nor does the term include a
501	management company that has contracted to provide general
502	management services for a licensed physician or health care
503	facility and whose compensation is not materially affected by
504	the usage or frequency of usage of medical equipment or an
505	entity that is 100-percent owned by one or more hospitals or
506	physicians. The term "broker" does not include a person or
507	entity that certifies, upon request of an insurer, that:
508	(a)  It is a clinic registered under s. 456.0375 or
509	licensed under ss. 400.990-400.995;
510
511	Reviser's note.--Amended to conform to the repeal of
512	s. 456.0375 by this act to confirm the repeal of s.
513	456.0375 by s. 15, ch. 2003-411, Laws of Florida,
514	effective March 1, 2004.
515
516	Section 31.  This act shall take effect on the 60th day
517	after adjournment sine die of the session of the Legislature in
518	which enacted.

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