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34 | of chapter 2004-269, Laws of Florida, is repealed.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43 | Statutes, is repealed.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. |