Senate Bill sb1336er

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  1                                 

  2         An act relating to the Florida Statutes;

  3         amending ss. 28.246, 28.35, 28.36, 29.21,

  4         34.191, 39.701, 63.087, 63.102, 70.20, 101.161,

  5         112.08, 112.63, 120.536, 211.06, 215.20,

  6         215.555, 216.023, 220.1895, 280.16, 287.042,

  7         287.17, 288.1224, 288.12265, 288.905,

  8         290.00689, 290.015, 311.125, 322.135, 327.395,

  9         339.55, 339.64, 364.604, 373.145, 373.1963,

10         373.4592, 376.71, 376.80, 378.034, 378.035,

11         381.0046, 381.0065, 381.103, 381.734, 393.0655,

12         393.068, 394.499, 394.82, 394.9083, 395.4001,

13         395.404, 397.416, 397.97, 400.1755, 400.179,

14         403.4154, 409.2563, 409.907, 409.9071, 409.908,

15         409.91188, 409.912, 420.504, 430.205, 440.05,

16         440.491, 440.591, 443.191, 445.003, 445.009,

17         455.2177, 455.32, 475.615, 489.146, 497.103,

18         497.140, 497.150, 497.152, 497.153, 497.160,

19         497.166, 497.167, 497.260, 497.369, 497.453,

20         497.458, 497.466, 497.550, 497.551, 497.603,

21         497.604, 497.608, 550.0251, 553.791, 553.8413,

22         556.112, 558.002, 558.004, 560.408, 570.71,

23         581.131, 620.9901, 624.426, 626.641, 627.6699,

24         627.736, 628.909, 633.0215, 636.240, 641.51,

25         648.50, 650.05, 655.948, 658.60, 663.02,

26         663.318, 668.602, 717.1400, 720.303, 720.402,

27         720.405, 744.3678, 744.7021, 782.081, 784.046,

28         895.02, 921.0022, 932.706, 943.125, 944.026,

29         944.1905, 944.803, 948.09, 948.30, 957.07,

30         958.045, 985.404, 1009.765, and 1012.796, F.S.;

31         reenacting ss. 110.161, 288.063, 381.0072,


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 1         430.04, 446.051, 450.081, 489.531, 626.112,

 2         718.112, and 721.075, F.S.; and repealing ss.

 3         30.17, 202.205, 288.971, 295.184, 373.1995,

 4         394.498, 570.235, and 627.6685, F.S.; pursuant

 5         to s. 11.242, F.S.; deleting provisions that

 6         have expired, have become obsolete, have had

 7         their effect, have served their purpose, or

 8         have been impliedly repealed or superseded;

 9         replacing incorrect cross-references and

10         citations; correcting grammatical,

11         typographical, and like errors; removing

12         inconsistencies, redundancies, and unnecessary

13         repetition in the statutes; improving the

14         clarity of the statutes and facilitating their

15         correct interpretation; and confirming the

16         restoration of provisions unintentionally

17         omitted from republication in the acts of the

18         Legislature during the amendatory process.

19  

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

21  

22         Section 1.  Subsection (1) of section 28.246, Florida

23  Statutes, is amended to read:

24         28.246  Payment of court-related fees, charges, and

25  costs; partial payments; distribution of funds.--

26         (1)  Beginning July 1, 2003, The clerk of the circuit

27  court shall report the following information to the

28  Legislature and the Florida Clerks of Court Operations

29  Corporation Clerk of Court Operations Conference on a form

30  developed by the Department of Financial Services:

31  


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 1         (a)  The total amount of mandatory fees, service

 2  charges, and costs; the total amount actually assessed; the

 3  total amount discharged, waived, or otherwise not assessed;

 4  and the total amount collected.

 5         (b)  The amount of discretionary fees, service charges,

 6  and costs assessed; the total amount discharged; and the total

 7  amount collected.

 8         (c)  The total amount of mandatory fines and other

 9  monetary penalties; the total amount assessed; the total

10  amount discharged, waived, or otherwise not assessed; and the

11  total amount collected.

12         (d)  The amount of discretionary fines and other

13  monetary penalties assessed; the amount discharged; and the

14  total amount collected.

15  

16  If provided to the clerk of court by the judge, the clerk, in

17  reporting the amount assessed, shall separately identify the

18  amount assessed pursuant to s. 938.30 as community service;

19  assessed by reducing the amount to a judgment or lien;

20  satisfied by time served; or other. The form developed by the

21  Chief Financial Officer shall include separate entries for

22  recording these amounts. The clerk shall submit the report on

23  a quarterly basis 30 days after the end of the quarter for the

24  period from July 1, 2003, through June 30, 2004, and on an

25  annual basis thereafter, 60 days after the end of the county

26  fiscal year.

27  

28         Reviser's note.--Section 23, ch. 2004-265, Laws

29         of Florida, replaced the Clerk of Court

30         Operations Conference with the Florida Clerks

31         of Court Operations Corporation. Subsection (1)


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 1         is also amended to delete material that has

 2         served its purpose.

 3  

 4         Section 2.  Paragraph (a) of subsection (3) of section

 5  28.35, Florida Statutes, is amended to read:

 6         28.35  Florida Clerks of Court Operations

 7  Corporation.--

 8         (3)(a)  The Clerks of Court Operations Corporation

 9  shall certify to the President of the Senate, the Speaker of

10  the House of Representatives, the Chief Financial Officer, and

11  the Department of Revenue by October 15 of each year, the

12  amount of the proposed budget certified for each clerk; the

13  revenue projection supporting each clerk's budget; each clerk

14  eligible to retain some or all of the state's share of fines,

15  fees, service charges, and costs; the amount to be paid to

16  each clerk from the Clerks of the Court Trust Fund within the

17  Department of Revenue; the performance measures and standards

18  approved by the corporation conference for each clerk; and the

19  performance of each clerk in meeting the performance

20  standards.

21  

22         Reviser's note.--Section 23, ch. 2004-265, Laws

23         of Florida, replaced the Clerk of Court

24         Operations Conference with the Florida Clerks

25         of Court Operations Corporation.

26  

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

28  28.36, Florida Statutes, is amended to read:

29         28.36  Budget procedure.--There is hereby established a

30  budget procedure for the court-related functions of the clerks

31  of the court.


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 1         (3)  Each proposed budget shall further conform to the

 2  following requirements:

 3         (a)  On or before August 1 for each fiscal year

 4  thereafter, the proposed budget shall be prepared, summarized,

 5  and submitted by the clerk in each county to the Clerks of

 6  Court Operations Corporation in the manner and form prescribed

 7  by the corporation conference. The proposed budget must

 8  provide detailed information on the anticipated revenues

 9  available and expenditures necessary for the performance of

10  the standard list of court-related functions of the clerk's

11  office developed pursuant to s. 28.35(4)(a) for the county

12  fiscal year beginning the following October 1.

13  

14         Reviser's note.--Section 23, ch. 2004-265, Laws

15         of Florida, replaced the Clerk of Court

16         Operations Conference with the Florida Clerks

17         of Court Operations Corporation.

18  

19         Section 4.  Section 29.21, Florida Statutes, is amended

20  to read:

21         29.21  Department of Management Services to provide

22  assistance in procuring services.--In accordance with s.

23  287.042, the Department of Management Services department may

24  assist the Office of the State Courts Administrator and the

25  Justice Administrative Commission with competitive

26  solicitations for the procurement of state-funded services

27  under this chapter. This may include assistance in the

28  development and review of proposals in compliance with chapter

29  287, and rules adopted under that chapter.

30  

31  


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

 2         facilitate correct interpretation. The language

 3         of this section is derived from subsection (2)

 4         of s. 99, ch. 2004-265, Laws of Florida.

 5         Subsection (1) of s. 99, ch. 2004-265, provides

 6         for certain time-limited duties of the

 7         Department of Management Services.

 8  

 9         Section 5.  Section 30.17, Florida Statutes, is

10  repealed.

11  

12         Reviser's note.--This section, which relates to

13         docketing newly delivered writs of executions,

14         until October 1, 2001, has served its purpose.

15         The docket of executions was only required to

16         be maintained until October 1, 2003.

17  

18         Section 6.  Section 34.191, Florida Statutes, is

19  amended to read:

20         34.191  Fines and forfeitures; dispositions.--All fines

21  and forfeitures arising from offenses tried in the county

22  court shall be collected and accounted for by the clerk of the

23  court and, other than the charge provided in s. 318.1215,

24  disbursed in accordance with ss. 28.2402, 34.045, 142.01, and

25  142.03 142.13 and subject to the provisions of s. 28.246(5)

26  and (6). Notwithstanding the provisions of this section, all

27  fines and forfeitures arising from operation of the provisions

28  of s. 318.1215 shall be disbursed in accordance with that

29  section. All fines and forfeitures received from violations of

30  municipal ordinances committed within a municipality within

31  the territorial jurisdiction of the county court, other than


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 1  the charge provided in s. 318.1215, shall be paid monthly to

 2  the municipality except as provided in s. 28.2402(2), s.

 3  34.045(2), s. 318.21, or s. 943.25. All other fines and

 4  forfeitures collected by the clerk, other than the charge

 5  provided in s. 318.1215, shall be considered income of the

 6  office of the clerk for use in performing court-related duties

 7  of the office.

 8  

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

10         repeal of s. 142.13 by s. 101, ch. 2004-265,

11         Laws of Florida. Section 142.03 relates to

12         disposition of fines, forfeitures, and civil

13         penalties to municipalities.

14  

15         Section 7.  Paragraph (c) of subsection (2) and

16  paragraph (a) of subsection (9) of section 39.701, Florida

17  Statutes, are amended to read:

18         39.701  Judicial review.--

19         (2)

20         (c)  Notice of a hearing by a citizen review panel must

21  be provided as set forth in subsection (5). At the conclusion

22  of a citizen review panel hearing, each party may propose a

23  recommended order to the chairperson of the panel. Thereafter,

24  the citizen review panel shall submit its report, copies of

25  the proposed recommended orders, and a copy of the panel's

26  recommended order to the court. The citizen review panel's

27  recommended order must be limited to the dispositional options

28  available to the court in subsection (9)(8). Each party may

29  file exceptions to the report and recommended order of the

30  citizen review panel in accordance with Rule 1.490, Florida

31  Rules of Civil Procedure.


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 1         (9)(a)  Based upon the criteria set forth in subsection

 2  (8)(7) and the recommended order of the citizen review panel,

 3  if any, the court shall determine whether or not the social

 4  service agency shall initiate proceedings to have a child

 5  declared a dependent child, return the child to the parent,

 6  continue the child in out-of-home care for a specified period

 7  of time, or initiate termination of parental rights

 8  proceedings for subsequent placement in an adoptive home.

 9  Modifications to the plan must be handled as prescribed in s.

10  39.601. If the court finds that the prevention or

11  reunification efforts of the department will allow the child

12  to remain safely at home or be safely returned to the home,

13  the court shall allow the child to remain in or return to the

14  home after making a specific finding of fact that the reasons

15  for the creation of the case plan have been remedied to the

16  extent that the child's safety, well-being, and physical,

17  mental, and emotional health will not be endangered.

18  

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

20         redesignation of s. 39.701(8) as s. 39.701(9)

21         and the redesignation of s. 39.701(7) as s.

22         39.701(8) by s. 2, ch. 2004-362, Laws of

23         Florida.

24  

25         Section 8.  Paragraph (e) of subsection (4) of section

26  63.087, Florida Statutes, is amended to read:

27         63.087  Proceeding to terminate parental rights pending

28  adoption; general provisions.--

29         (4)  PETITION.--

30         (e)  The petition must include:

31  


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 1         1.  The minor's name, gender, date of birth, and place

 2  of birth. The petition must contain all names by which the

 3  minor is or has been known, excluding the minor's prospective

 4  adoptive name but including the minor's legal name at the time

 5  of the filing of the petition. In the case of an infant child

 6  whose adoptive name appears on the original birth certificate,

 7  the adoptive name shall not be included in the petition, nor

 8  shall it be included elsewhere in the termination of parental

 9  rights proceeding.

10         2.  All information required by the Uniform Child

11  Custody Jurisdiction and Enforcement Act and the Indian Child

12  Welfare Act.

13         3.  A statement of the grounds under s. 63.089 upon

14  which the petition is based.

15         4.  The name, address, and telephone number of any

16  adoption entity seeking to place the minor for adoption.

17         5.  The name, address, and telephone number of the

18  division of the circuit court in which the petition is to be

19  filed.

20         6.  A certification of compliance with the requirements

21  of s. 63.0425 regarding notice to grandparents of an impending

22  adoption.

23  

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

25         repeal and replacement of the Uniform Child

26         Custody Jurisdiction Act with the Uniform Child

27         Custody Jurisdiction and Enforcement Act by

28         chapter 2002-65, Laws of Florida.

29  

30         Section 9.  Subsection (2) of section 63.102, Florida

31  Statutes, is amended to read:


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 1         63.102  Filing of petition for adoption or declaratory

 2  statement; venue; proceeding for approval of fees and costs.--

 3         (2)  VENUE.--A petition for adoption or for a

 4  declaratory statement as to the adoption contract shall be

 5  filed in the county where the petition for termination of

 6  parental rights was granted, unless the court, in accordance

 7  with s. 47.122, changes the venue to the county where the

 8  petitioner or petitioners or the minor resides or where the

 9  adoption entity with which the minor has been placed is

10  located. The circuit court in this state must retain

11  jurisdiction over the matter until a final judgment is entered

12  on the adoption. The Uniform Child Custody Jurisdiction and

13  Enforcement Act does not apply until a final judgment is

14  entered on the adoption.

15  

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

17         repeal and replacement of the Uniform Child

18         Custody Jurisdiction Act with the Uniform Child

19         Custody Jurisdiction and Enforcement Act by

20         chapter 2002-65, Laws of Florida.

21  

22         Section 10.  Subsection (13) of section 70.20, Florida

23  Statutes, is repealed.

24  

25         Reviser's note.--Repealed to delete obsolete

26         language relating to a study of the value of

27         offsite signs in relation to the valuation of

28         commercial properties for ad valorem tax

29         purposes. The Office of Program Policy Analysis

30         and Government Accountability was to have

31         completed the study by December 31, 2002.


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 1         Section 11.  Subsection (3) of section 101.161, Florida

 2  Statutes, is amended to read:

 3         101.161  Referenda; ballots.--

 4         (3)(a)  The ballot for the general election in the year

 5  2000 must contain a statement allowing voters to determine

 6  whether circuit or county court judges will be selected by

 7  merit selection and retention as provided in s. 10, Art. V of

 8  the State Constitution. The ballot in each circuit must

 9  contain the statement in paragraph (c). The ballot in each

10  county must contain the statement in paragraph (e).

11         (a)(b)  For any general election in which the Secretary

12  of State, for any circuit, or the supervisor of elections, for

13  any county, has certified the ballot position for an

14  initiative to change the method of selection of judges, the

15  ballot for any circuit must contain the statement in paragraph

16  (b)(c) or paragraph (c)(d) and the ballot for any county must

17  contain the statement in paragraph (d)(e) or paragraph (e)(f).

18         (b)(c)  In any circuit where the initiative is to

19  change the selection of circuit court judges to selection by

20  merit selection and retention, the ballot shall state: "Shall

21  the method of selecting circuit court judges in the ...(number

22  of the circuit)... judicial circuit be changed from election

23  by a vote of the people to selection by the judicial

24  nominating commission and appointment by the Governor with

25  subsequent terms determined by a retention vote of the

26  people?" This statement must be followed by the word "yes" and

27  also by the word "no."

28         (c)(d)  In any circuit where the initiative is to

29  change the selection of circuit court judges to election by

30  the voters, the ballot shall state: "Shall the method of

31  selecting circuit court judges in the ...(number of the


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 1  circuit)... judicial circuit be changed from selection by the

 2  judicial nominating commission and appointment by the Governor

 3  with subsequent terms determined by a retention vote of the

 4  people to election by a vote of the people?" This statement

 5  must be followed by the word "yes" and also by the word "no."

 6         (d)(e)  In any county where the initiative is to change

 7  the selection of county court judges to merit selection and

 8  retention, the ballot shall state: "Shall the method of

 9  selecting county court judges in ...(name of county)... be

10  changed from election by a vote of the people to selection by

11  the judicial nominating commission and appointment by the

12  Governor with subsequent terms determined by a retention vote

13  of the people?" This statement must be followed by the word

14  "yes" and also by the word "no."

15         (e)(f)  In any county where the initiative is to change

16  the selection of county court judges to election by the

17  voters, the ballot shall state: "Shall the method of selecting

18  county court judges in ...(name of the county)... be changed

19  from selection by the judicial nominating commission and

20  appointment by the Governor with subsequent terms determined

21  by a retention vote of the people to election by a vote of the

22  people?" This statement must be followed by the word "yes" and

23  also by the word "no."

24  

25         Reviser's note.--Amended to delete obsolete

26         language relating to the ballot for the general

27         election in the year 2000.

28  

29         Section 12.  Subsection (3) of section 110.161, Florida

30  Statutes, is reenacted to read:

31         110.161  State employees; pretax benefits program.--


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 1         (3)  It is found and declared that the maintenance of a

 2  system of personnel management which ensures the state the

 3  delivery of high-quality performance by employees is

 4  facilitated by the state's ability to attract and retain

 5  qualified personnel. The Legislature recognizes that the

 6  public interest is best served by development of a benefits

 7  program which is not only cost-efficient but sufficiently

 8  flexible to meet the individual needs of its employees.

 9  

10         Reviser's note.--Section 6, ch. 2004-347, Laws

11         of Florida, purported to amend subsections (2)

12         and (3) but actually amended subsections (2)

13         and (7), failing to publish subsection (3).

14         Absent affirmative evidence that the

15         Legislature intended to repeal it, subsection

16         (3) is reenacted to confirm that the omission

17         was not intended.

18  

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

20  112.08, Florida Statutes, is amended to read:

21         112.08  Group insurance for public officers, employees,

22  and certain volunteers; physical examinations.--

23         (2)

24         (b)  In order to obtain approval from the Office of

25  Insurance Regulation of any self-insured plan for health,

26  accident, and hospitalization coverage, each local

27  governmental unit or consortium shall submit its plan along

28  with a certification as to the actuarial soundness of the

29  plan, which certification is prepared by an actuary who is a

30  member of the Society of Actuaries or the American Academy of

31  Actuaries. The Office of Insurance Regulation shall not


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 1  approve the plan unless it determines that the plan is

 2  designed to provide sufficient revenues to pay current and

 3  future liabilities, as determined according to generally

 4  accepted actuarial principles. After implementation of an

 5  approved plan, each local governmental unit or consortium

 6  shall annually submit to the Office of Insurance Regulation a

 7  report which includes a statement prepared by an actuary who

 8  is a member of the Society of Actuaries or the American

 9  Academy of Actuaries as to the actuarial soundness of the

10  plan. The report is due 90 days after the close of the fiscal

11  year of the plan. The report shall consist of, but is not

12  limited to:

13         1.  The adequacy of contribution rates in meeting the

14  level of benefits provided and the changes, if any, needed in

15  the contribution rates to achieve or preserve a level of

16  funding deemed adequate to enable payment of the benefit

17  amounts provided under the plan and a valuation of present

18  assets, based on statement value, and prospective assets and

19  liabilities of the plan and the extent of any unfunded accrued

20  liabilities.

21         2.  A plan to amortize any unfunded liabilities and a

22  description of actions taken to reduce unfunded liabilities.

23         3.  A description and explanation of actuarial

24  assumptions.

25         4.  A schedule illustrating the amortization of any

26  unfunded liabilities.

27         5.  A comparative review illustrating the level of

28  funds available to the plan from rates, investment income, and

29  other sources realized over the period covered by the report

30  with the assumptions used.

31  


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 1         6.  A statement by the actuary that the report is

 2  complete and accurate and that in the actuary's opinion the

 3  techniques and assumptions used are reasonable and meet the

 4  requirements and intent of this subsection.

 5         7.  Other factors or statements as required by the

 6  office Department of Insurance in order to determine the

 7  actuarial soundness of the plan.

 8  

 9  All assumptions used in the report shall be based on

10  recognized actuarial principles acceptable to the Office of

11  Insurance Regulation. The office shall review the report and

12  shall notify the administrator of the plan and each entity

13  participating in the plan, as identified by the administrator,

14  of any actuarial deficiencies. Each local governmental unit is

15  responsible for payment of valid claims of its employees that

16  are not paid within 60 days after receipt by the plan

17  administrator or consortium.

18  

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

20         transfer of certain functions of the Department

21         of Insurance to the Office of Insurance

22         Regulation of the Department of Financial

23         Services by ch. 2002-404, Laws of Florida.

24  

25         Section 14.  Subsection (2) of section 112.63, Florida

26  Statutes, is amended to read:

27         112.63  Actuarial reports and statements of actuarial

28  impact; review.--

29         (2)  The frequency of actuarial reports must be at

30  least every 3 years commencing from the last actuarial report

31  of the plan or system or October 1, 1980, if no actuarial


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 1  report has been issued within the 3-year period prior to

 2  October 1, 1979. The results of each actuarial report shall be

 3  filed with the plan administrator within 60 days of

 4  certification. Thereafter, the results of each actuarial

 5  report shall be made available for inspection upon request.

 6  Additionally, each retirement system or plan covered by this

 7  act which is not administered directly by the Department of

 8  Management Services shall furnish a copy of each actuarial

 9  report to the Department of Management Services within 60 days

10  after receipt from the actuary. The requirements of this

11  section are supplemental to actuarial valuations necessary to

12  comply with the requirements of s. ss. 218.321 and 218.39.

13  

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

15         repeal of s. 218.321 by s. 27, ch. 2004-305,

16         Laws of Florida.

17  

18         Section 15.  Paragraph (a) of subsection (2) and

19  subsection (3) of section 120.536, Florida Statutes, are

20  repealed, and paragraph (b) of subsection (2) of that section

21  is amended to read:

22         120.536  Rulemaking authority; listing of rules

23  exceeding authority; repeal; challenge.--

24         (2)

25         (b)  By October 1, 1999, each agency shall provide to

26  the Administrative Procedures Committee a listing of each

27  rule, or portion thereof, adopted by that agency before June

28  18, 1999, which exceeds the rulemaking authority permitted by

29  this section. For those rules of which only a portion exceeds

30  the rulemaking authority permitted by this section, the agency

31  shall also identify the language of the rule which exceeds


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 1  this authority.  The Administrative Procedures Committee shall

 2  combine the lists and provide the cumulative listing to the

 3  President of the Senate and the Speaker of the House of

 4  Representatives.  The Legislature shall, at the 2000 Regular

 5  Session, consider whether specific legislation authorizing the

 6  identified rules, or portions thereof, should be enacted.  By

 7  January 1, 2001, each agency shall initiate proceedings

 8  pursuant to s. 120.54 to repeal each rule, or portion thereof,

 9  identified as exceeding the rulemaking authority permitted by

10  this section for which authorizing legislation does not exist.

11  By February 1, 2001, the Administrative Procedures Committee

12  shall submit to the President of the Senate and the Speaker of

13  the House of Representatives a report identifying those rules

14  that an agency had previously identified as exceeding the

15  rulemaking authority permitted by this section for which

16  proceedings to repeal the rule have not been initiated.  As of

17  July 1, 2001, The Administrative Procedures Committee or any

18  substantially affected person may petition an agency to repeal

19  any rule, or portion thereof, because it exceeds the

20  rulemaking authority permitted by this section.  Not later

21  than 30 days after the date of filing the petition if the

22  agency is headed by an individual, or not later than 45 days

23  if the agency is headed by a collegial body, the agency shall

24  initiate rulemaking proceedings to repeal the rule, or portion

25  thereof, or deny the petition, giving a written statement of

26  its reasons for the denial.

27  

28         Reviser's note.--Amended to delete provisions

29         that have served their purpose. Paragraph

30         (2)(a) related to a review of all rules adopted

31         prior to October 1, 1996. Subsection (3)


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 1         related to challenges to certain rules during

 2         the rule review process.

 3  

 4         Section 16.  Section 202.205, Florida Statutes, is

 5  repealed.

 6  

 7         Reviser's note.--Repealed to delete obsolete

 8         language relating to transitional rates for

 9         local communications services.

10  

11         Section 17.  Subsection (2) of section 211.06, Florida

12  Statutes, is repealed.

13  

14         Reviser's note.--Repealed to delete an obsolete

15         provision. This provision governs distributions

16         for proceeds remaining in the Oil and Gas Tax

17         Trust Fund through June 30, 1995.

18  

19         Section 18.  Subparagraph 8. of paragraph (j) of

20  subsection (4) of section 215.20, Florida Statutes, is

21  repealed.

22  

23         Reviser's note.--Repealed to conform to the

24         termination of the Forfeited Property Trust

25         Fund by s. 1, ch. 2004-234, Laws of Florida,

26         and the transfer of current balances and

27         revenues to the Internal Improvement Trust

28         Fund. The Internal Improvement Trust Fund is

29         already included in the list of funds under the

30         Department of Environmental Protection in

31         paragraph (4)(j).


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 1         Section 19.  Paragraph (b) of subsection (6) of section

 2  215.555, Florida Statutes, is amended to read:

 3         215.555  Florida Hurricane Catastrophe Fund.--

 4         (6)  REVENUE BONDS.--

 5         (b)  Emergency assessments.--

 6         1.  If the board determines that the amount of revenue

 7  produced under subsection (5) is insufficient to fund the

 8  obligations, costs, and expenses of the fund and the

 9  corporation, including repayment of revenue bonds and that

10  portion of the debt service coverage not met by reimbursement

11  premiums, the board shall direct the Office of Insurance

12  Regulation to levy, by order, an emergency assessment on

13  direct premiums for all property and casualty lines of

14  business in this state, including property and casualty

15  business of surplus lines insurers regulated under part VIII

16  of chapter 626, but not including any workers' compensation

17  premiums or medical malpractice premiums. As used in this

18  subsection, the term "property and casualty business" includes

19  all lines of business identified on Form 2, Exhibit of

20  Premiums and Losses, in the annual statement required of

21  authorized insurers by s. 624.424 and any rule adopted under

22  this section, except for those lines identified as accident

23  and health insurance and except for policies written under the

24  National Flood Insurance Program. The assessment shall be

25  specified as a percentage of future premium collections and is

26  subject to annual adjustments by the board to reflect changes

27  in premiums subject to assessments collected under this

28  subparagraph in order to meet debt obligations. The same

29  percentage shall apply to all policies in lines of business

30  subject to the assessment issued or renewed during the

31  


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 1  12-month period beginning on the effective date of the

 2  assessment.

 3         2.  A premium is not subject to an annual assessment

 4  under this paragraph in excess of 6 percent of premium with

 5  respect to obligations arising out of losses attributable to

 6  any one contract year, and a premium is not subject to an

 7  aggregate annual assessment under this paragraph in excess of

 8  10 percent of premium. An annual assessment under this

 9  paragraph shall continue until the revenue bonds issued with

10  respect to which the assessment was imposed are outstanding,

11  including any bonds the proceeds of which were used to refund

12  the revenue bonds, unless adequate provision has been made for

13  the payment of the bonds under the documents authorizing

14  issuance of the bonds.

15         3.  With respect to each insurer collecting premiums

16  that are subject to the assessment, the insurer shall collect

17  the assessment at the same time as it collects the premium

18  payment for each policy and shall remit the assessment

19  collected to the fund or corporation as provided in the order

20  issued by the Office of Insurance Regulation. The office shall

21  verify the accurate and timely collection and remittance of

22  emergency assessments and shall report the information to the

23  board in a form and at a time specified by the board. Each

24  insurer collecting assessments shall provide the information

25  with respect to premiums and collections as may be required by

26  the office to enable the office to monitor and verify

27  compliance with this paragraph.

28         4.  With respect to assessments of surplus lines

29  premiums, each surplus lines agent shall collect the

30  assessment at the same time as the agent collects the surplus

31  lines tax required by s. 626.932, and the surplus lines agent


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 1  shall remit the assessment to the Florida Surplus Lines

 2  Service Office created by s. 626.921 at the same time as the

 3  agent remits the surplus lines tax to the Florida Surplus

 4  Lines Service Office. The emergency assessment on each insured

 5  procuring coverage and filing under s. 626.938 shall be

 6  remitted by the insured to the Florida Surplus Lines Service

 7  Office at the time the insured pays the surplus lines tax to

 8  the Florida Surplus Lines Service Office. The Florida Surplus

 9  Lines Service Office shall remit the collected assessments to

10  the fund or corporation as provided in the order levied by the

11  Office of Insurance Regulation. The Florida Surplus Lines

12  Service Office shall verify the proper application of such

13  emergency assessments and shall assist the board in ensuring

14  the accurate and timely collection and remittance of

15  assessments as required by the board. The Florida Surplus

16  Lines Service Office shall annually calculate the aggregate

17  written premium on property and casualty business, other than

18  workers' compensation and medical malpractice, procured

19  through surplus lines agents and insureds procuring coverage

20  and filing under s. 626.938 and shall report the information

21  to the board in a form and at a time specified by the board.

22         5.  Any assessment authority not used for a particular

23  contract year may be used for a subsequent contract year. If,

24  for a subsequent contract year, the board determines that the

25  amount of revenue produced under subsection (5) is

26  insufficient to fund the obligations, costs, and expenses of

27  the fund and the corporation, including repayment of revenue

28  bonds and that portion of the debt service coverage not met by

29  reimbursement premiums, the board shall direct the Office of

30  Insurance Regulation to levy an emergency assessment up to an

31  amount not exceeding the amount of unused assessment authority


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 1  from a previous contract year or years, plus an additional 4

 2  percent provided that the assessments in the aggregate do not

 3  exceed the limits specified in subparagraph 2.

 4         6.  The assessments otherwise payable to the

 5  corporation under this paragraph shall be paid to the fund

 6  unless and until the Office of Insurance Regulation and the

 7  Florida Surplus Lines Service Office have received from the

 8  corporation and the fund a notice, which shall be conclusive

 9  and upon which they may rely without further inquiry, that the

10  corporation has issued bonds and the fund has no agreements in

11  effect with local governments under paragraph (c). On or after

12  the date of the notice and until the date the corporation has

13  no bonds outstanding, the fund shall have no right, title, or

14  interest in or to the assessments, except as provided in the

15  fund's agreement with the corporation.

16         7.  Emergency assessments are not premium and are not

17  subject to the premium tax, to the surplus lines tax, to any

18  fees, or to any commissions. An insurer is liable for all

19  assessments that it collects and must treat the failure of an

20  insured to pay an assessment as a failure to pay the premium.

21  An insurer is not liable for uncollectible assessments.

22         8.  When an insurer is required to return an unearned

23  premium, it shall also return any collected assessment

24  attributable to the unearned premium. A credit adjustment to

25  the collected assessment may be made by the insurer with

26  regard to future remittances that are payable to the fund or

27  corporation, but the insurer is not entitled to a refund.

28         9.  When a surplus lines insured or an insured who has

29  procured coverage and filed under s. 626.938 is entitled to

30  the return of an unearned premium, the Florida Surplus Lines

31  Service Office shall provide a credit or refund to the agent


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 1  or such insured for the collected assessment attributable to

 2  the unearned premium prior to remitting the emergency

 3  assessment collected to the fund or corporation.

 4         10.  The exemption of medical malpractice insurance

 5  premiums from emergency assessments under this paragraph is

 6  repealed May 31, 2007, and medical malpractice insurance

 7  premiums shall be subject to emergency assessments

 8  attributable to loss events occurring in the contract years

 9  commencing on June 1, 2007.

10  

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

12         correct name of the Florida Surplus Lines

13         Service Office as referenced elsewhere in that

14         paragraph.

15  

16         Section 20.  Subsection (5) of section 216.023, Florida

17  Statutes, is amended to read:

18         216.023  Legislative budget requests to be furnished to

19  Legislature by agencies.--

20         (5)  At the time specified in the legislative budget

21  instructions and in sufficient time to be included in the

22  Governor's recommended budget, the judicial branch is required

23  to submit a performance-based program budget request. The

24  Chief Justice of the Supreme Court shall identify and, after

25  consultation with the Office of Program Policy Analysis and

26  Government Accountability, submit to the President of the

27  Senate and the Speaker of the House of Representatives a list

28  of proposed programs and associated performance measures. The

29  judicial branch shall provide documentation to accompany the

30  list of proposed programs and performance measures as provided

31  under subsection (4). The judicial branch shall submit a


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 1  performance-based program agency budget request using the

 2  programs and performance measures adopted by the Legislature.

 3  The Chief Justice may propose revisions to approved programs

 4  or performance measures for the judicial branch. The

 5  Legislature shall have final approval of all programs and

 6  associated performance measures and standards for the judicial

 7  branch through the General Appropriations Act or legislation

 8  implementing the General Appropriations Act. By September 15,

 9  2001, the Chief Justice of the Supreme Court shall submit to

10  the President of the Senate and the Speaker of the House of

11  Representatives a performance-based program budget request for

12  programs of the judicial branch approved by the Legislature

13  and provide a copy to the Executive Office of the Governor.

14  

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

16         that has served its purpose.

17  

18         Section 21.  Section 220.1895, Florida Statutes, is

19  amended to read:

20         220.1895  Rural Job Tax Credit and Urban High-Crime

21  Area Job Tax Credit.--There shall be allowed a credit against

22  the tax imposed by this chapter amounts approved by the Office

23  of Tourism, Trade, and Economic Development pursuant to the

24  Rural Job Tax Credit Program in s. 212.098 and the Urban

25  High-Crime Area Job Tax Credit Program in s. 212.097. A

26  corporation that uses its credit against the tax imposed by

27  this chapter may not take the credit against the tax imposed

28  by chapter 212. If any credit granted under this section is

29  not fully used in the first year for which it becomes

30  available, the unused amount may be carried forward for a

31  period not to exceed 5 years. The carryover may be used in a


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 1  subsequent year when the tax imposed by this chapter for such

 2  year exceeds the credit for such year under this section after

 3  applying the other credits and unused credit carryovers in the

 4  order provided in s. 220.02(8). The Office of Tourism, Trade,

 5  and Economic Development shall conduct a review of the Urban

 6  High-Crime Area Job Tax Credit and the Rural Job Tax Credit

 7  Program and submit its report to the Governor, the President

 8  of the Senate, and the Speaker of the House of Representatives

 9  by February 1, 2000.

10  

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

12         that has served its purpose.

13  

14         Section 22.  Paragraph (d) of subsection (1) of section

15  280.16, Florida Statutes, is amended to read:

16         280.16  Requirements of qualified public depositories;

17  confidentiality.--

18         (1)  In addition to any other requirements specified in

19  this chapter, qualified public depositories shall:

20         (d)  Submit to the Chief Financial Officer annually,

21  not later than November 30, a report of all public deposits

22  held for the credit of all public depositors at the close of

23  business on September 30. Such annual report shall consist of

24  public deposit information in a report format prescribed by

25  the Chief Financial Officer. The manner of required filing may

26  be as a signed writing or electronic data transmission, at the

27  discretion of the Chief Financial Officer Treasurer.

28  

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

30         redesignation of the Treasurer as the Chief

31  


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 1         Financial Officer by ch. 2002-404, Laws of

 2         Florida.

 3  

 4         Section 23.  Paragraph (b) of subsection (3) of section

 5  287.042, Florida Statutes, is amended to read:

 6         287.042  Powers, duties, and functions.--The department

 7  shall have the following powers, duties, and functions:

 8         (3)  To establish a system of coordinated, uniform

 9  procurement policies, procedures, and practices to be used by

10  agencies in acquiring commodities and contractual services,

11  which shall include, but not be limited to:

12         (b)1.  Development of procedures for advertising

13  solicitations. These procedures must provide for electronic

14  posting of solicitations for at least 10 days before the date

15  set for receipt of bids, proposals, or replies, unless the

16  department or other agency determines in writing that a

17  shorter period of time is necessary to avoid harming the

18  interests of the state. The Office of Supplier Diversity may

19  consult with the department regarding the development of

20  solicitation distribution procedures to ensure that maximum

21  distribution is afforded to certified minority business

22  enterprises as defined in s. 288.703.

23         2.  Development of procedures for electronic posting.

24  The department shall designate a centralized website on the

25  Internet for the department and other agencies to

26  electronically post solicitations, decisions or intended

27  decisions, and other matters relating to procurement. From

28  July 1, 2002, until July 1, 2003, the department shall publish

29  a notice in each edition of the Florida Administrative Weekly

30  which indicates the specific URL or Internet address for the

31  centralized website.


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

 2         that has served its purpose.

 3  

 4         Section 24.  Subsection (5) of section 287.17, Florida

 5  Statutes, is repealed.

 6  

 7         Reviser's note.--Repealed to delete an obsolete

 8         provision. The required reviews of motor

 9         vehicle use were to be conducted by December

10         31, 2000.

11  

12         Section 25.  Subsection (10) of section 288.063,

13  Florida Statutes, is reenacted to read:

14         288.063  Contracts for transportation projects.--

15         (10)  In addition to the other provisions of this

16  section, projects that the Legislature deems necessary to

17  facilitate the economic development and growth of the state

18  may be designated and funded in the General Appropriations

19  Act. Such transportation projects create new employment

20  opportunities, expand transportation infrastructure, improve

21  mobility, or increase transportation innovation. The Office of

22  Tourism, Trade, and Economic Development shall enter into

23  contracts with, and make expenditures to, the appropriate

24  entities for the costs of transportation projects designated

25  in the General Appropriations Act.

26  

27         Reviser's note.--Subsection (10) was amended by

28         s. 7, ch. 2004-242, Laws of Florida, to delete

29         the July 1, 2003, repeal formerly set out in

30         the section. Section 5, ch. 2004-6, a reviser's

31         bill, repealed the subsection pursuant to the


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 1         July 1, 2003, repeal. Absent affirmative

 2         evidence of legislative intent to repeal it,

 3         subsection (10) is reenacted to confirm its

 4         status.

 5  

 6         Section 26.  Paragraph (e) of subsection (4) of section

 7  288.1224, Florida Statutes, is repealed.

 8  

 9         Reviser's note.--Repealed to delete an obsolete

10         provision. The required review and subsequent

11         report were to be completed by January 1, 2003.

12  

13         Section 27.  Section 288.12265, Florida Statutes, is

14  amended to read:

15         288.12265  Welcome centers.--

16         (1)  Effective July 1, 1999, Responsibility for the

17  welcome centers is assigned to the Florida Commission on

18  Tourism which shall contract with the commission's

19  direct-support organization to employ all welcome center

20  staff.  On or before June 30, 1999, all welcome center staff

21  shall be offered employment through the direct-support

22  organization at the same salary such staff received through

23  the Department of Transportation, prior to July 1, 1999, but

24  with the same benefits provided by the direct-support

25  organization to the organization's employees.  Welcome center

26  employees shall have until January 1, 2000, to choose to be

27  employed by the direct-support organization or to remain

28  employed by the state.  Those employees who choose to remain

29  employed by the state may continue to be assigned by the

30  Department of Transportation to the welcome centers until June

31  30, 2001.  Upon vacating a career service position by a career


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 1  service employee, the position shall be abolished.  The

 2  agreement between the Department of Transportation and the

 3  Florida Commission on Tourism concerning the funding of

 4  positions in the welcome centers shall continue until all

 5  welcome center employees are employed by the direct-support

 6  organization, or until those employees choosing to remain

 7  employed by the state have found other state employment, or

 8  until June 30, 2001, whichever occurs first.

 9         (2)  Effective July 1, 1999, The Florida Commission on

10  Tourism, through its direct-support organization, shall

11  administer and operate the welcome centers.  Pursuant to a

12  contract with the Department of Transportation, the commission

13  shall be responsible for routine repair, replacement, or

14  improvement and the day-to-day management of interior areas

15  occupied by the welcome centers.  All other repairs,

16  replacements, or improvements to the welcome centers shall be

17  the responsibility of the Department of Transportation.

18  

19         Reviser's note.--Amended to delete provisions

20         that have served their purpose.

21  

22         Section 28.  Paragraph (c) of subsection (4) of section

23  288.905, Florida Statutes, is repealed.

24  

25         Reviser's note.--Repealed to delete a provision

26         that has served its purpose. The required

27         review and subsequent report were to be

28         completed by January 1, 2002.

29  

30         Section 29.  Section 288.971, Florida Statutes, is

31  repealed.


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 1         Reviser's note.--Repealed to delete findings

 2         which have served their purpose. The findings

 3         refer to military base closing decisions

 4         expected to be made in 1995 and reductions in

 5         military spending and personnel by 1997.

 6  

 7         Section 30.  Subsection (6) of section 290.00689,

 8  Florida Statutes, is repealed.

 9  

10         Reviser's note.--Repealed to delete obsolete

11         provisions. The required review and evaluation

12         of an enterprise zone pilot project area was to

13         be completed prior to the 2004 Regular Session

14         of the Legislature. The report of findings and

15         recommendations was to be submitted by January

16         15, 2004.

17  

18         Section 31.  Subsection (3) of section 290.015, Florida

19  Statutes, is repealed.

20  

21         Reviser's note.--Repealed to delete an obsolete

22         provision. The required review and evaluation

23         of ss. 290.001-290.016 by substantive

24         committees was to be completed prior to the

25         2001 Regular Session of the Legislature.

26  

27         Section 32.  Section 295.184, Florida Statutes, is

28  repealed.

29  

30         Reviser's note.--Repealed to delete provisions

31         that have served their purpose. The


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 1         recommendations for the design and location of

 2         the memorial to Florida World War II veterans

 3         was to be submitted on or before January 31,

 4         2002.

 5  

 6         Section 33.  Paragraph (a) of subsection (2) of section

 7  311.125, Florida Statutes, is amended to read:

 8         311.125  Uniform Port Access Credential System.--

 9         (2)(a)  The Department of Highway Safety and Motor

10  Vehicles, in consultation with the Department of Law

11  Enforcement, the Florida Seaport Transportation and Economic

12  Development Council, the Florida Trucking Association, and the

13  United States Transportation and Security Administration shall

14  develop a Uniform Port Access Credential System for use in

15  onsite verification of access authority for all persons on a

16  seaport as defined in s. 311.12(2), utilizing the Uniform Port

17  Access Credential Card as authorized herein. Each seaport, in

18  a manner consistent with the "Port Security Standards

19  Compliance Plan" delivered to the Speaker of the House of

20  Representatives and the President of the Senate on December

21  11, 2000, pursuant to s. 311.12, and this section, is

22  responsible for granting, restricting, or modifying access

23  authority provided to each Uniform Port Access Credential Card

24  holder and promptly communicating the levels of access or

25  changes in the level of access to the department for its use

26  in administering the Uniform Port Access Credential System.

27  Each seaport is responsible for the proper operation and

28  maintenance of the Uniform Port Access Credential Card reader

29  and access verification utilizing the Uniform Port Access

30  Credential System at its location. The Uniform Port Access

31  Credential Card reader and Uniform Port Access Credential


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 1  System shall be utilized by each seaport to ensure compliance

 2  with the access restrictions provided by s. 311.12.

 3  

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

 5         correct title of the United States

 6         Transportation Security Administration.

 7  

 8         Section 34.  Paragraph (b) of subsection (5) and

 9  subsection (6) of section 322.135, Florida Statutes, are

10  amended to read:

11         322.135  Driver's license agents.--

12         (5)  The county tax collector at his or her option may

13  apply to the department for approval by the executive director

14  to be the exclusive agent of the department for his or her

15  county to administer driver license services as provided and

16  authorized in this chapter.

17         (b)  The department shall provide a form for such

18  application, which shall include the following information

19  unless this information has been included in the report

20  submitted by the Cost Determination and Allocation Task Force:

21         1.  Locations within the county where offices and

22  branch offices for driver license services are proposed.

23         2.  The designation by the tax collector of the driver

24  license functions to be performed by the tax collector in the

25  county.

26         3.  Any anticipated capital acquisition or construction

27  costs.

28         4.  A projection of equipment available or to be

29  provided by the department.

30  

31  


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 1         5.  All anticipated operating costs, including

 2  facilities, equipment, and personnel to administer driver

 3  license services.

 4         (6)  Administration of driver license services by a

 5  county tax collector as the exclusive agent of the department

 6  must be revenue neutral with no adverse state fiscal impact

 7  and with no adverse unfunded mandate to the tax collector.

 8  Toward this end, the Cost Determination and Allocation Task

 9  Force is created, to be established by July 1, 2001.  The task

10  force shall be composed of two representatives appointed by

11  the executive director of the department, two tax collectors

12  appointed by the president of the Florida Tax Collectors,

13  Inc., one from a small-population county and one from a

14  large-population county; one person appointed by the Speaker

15  of the House of Representatives; one person appointed by the

16  President of the Senate; and the Governor's appointee.  If

17  requested by the task force, the Auditor General must provide

18  technical assistance.  The purpose of the task force is to

19  recommend the allocation of cost between the Department of

20  Highway Safety and Motor Vehicles and tax collectors to

21  administer driver license services authorized in this chapter.

22  These recommendations must be submitted in a written report by

23  January 1, 2002.  The task force shall dissolve on January 1,

24  2002.  The written report shall be presented to the President

25  of the Senate, the Speaker of the House of Representatives,

26  and the Executive Office of the Governor, and shall contain

27  findings and determinations and related allocation

28  recommendations dealing with costs, both construction and

29  operating costs, of both the department and the applicable tax

30  collectors, appropriate allocations of costs between the

31  department and the tax collectors, and fee recommendations to


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 1  assure that the fees paid for these driver license services do

 2  not result in a loss of revenue to the state in excess of

 3  costs incurred by the state.

 4  

 5         Reviser's note.--Amended to delete obsolete

 6         provisions. The Cost Determination and

 7         Allocation Task Force was dissolved in 2002.

 8  

 9         Section 35.  Subsection (1) of section 327.395, Florida

10  Statutes, is amended to read:

11         327.395  Boating safety identification cards.--

12         (1)  Until October 1, 2001, a person born after

13  September 30, 1980, and on or after October 1, 2001, A person

14  21 years of age or younger may not operate a vessel powered by

15  a motor of 10 horsepower or greater unless such person has in

16  his or her possession aboard the vessel photographic

17  identification and a boater safety identification card issued

18  by the commission which shows that he or she has:

19         (a)  Completed a commission-approved boater education

20  course that meets the minimum 8-hour instruction requirement

21  established by the National Association of State Boating Law

22  Administrators;

23         (b)  Passed a course equivalency examination approved

24  by the commission; or

25         (c)  Passed a temporary certificate examination

26  developed or approved by the commission.

27  

28         Reviser's note.--Amended to delete an obsolete

29         provision.

30  

31  


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 1         Section 36.  Subsection (4) of section 339.55, Florida

 2  Statutes, is amended to read:

 3         339.55  State-funded infrastructure bank.--

 4         (4)  Except as provided in s. 339.137, To be eligible

 5  for consideration, projects must be consistent, to the maximum

 6  extent feasible, with local metropolitan planning organization

 7  plans and local government comprehensive plans and must

 8  provide a dedicated repayment source to ensure the loan is

 9  repaid to the bank.

10  

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

12         repeal of s. 339.137 by s. 10, ch. 2004-366,

13         Laws of Florida.

14  

15         Section 37.  Subsection (2) of section 339.64, Florida

16  Statutes, is repealed.

17  

18         Reviser's note.--Repealed to delete an obsolete

19         provision. The required report was to be

20         delivered to the Governor and Legislature by

21         December 15, 2003.

22  

23         Section 38.  Subsection (1) of section 364.604, Florida

24  Statutes, is amended to read:

25         364.604  Billing practices.--

26         (1)  Each billing party must clearly identify on its

27  bill the name and toll-free number of the originating party;

28  the telecommunications service or information service billed;

29  and the specific charges, taxes, and fees associated with each

30  telecommunications or information service. The originating

31  party is responsible for providing the billing party with all


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 1  required information. The toll-free number of the originating

 2  party or its agent must be answered by a customer service

 3  representative or a voice response unit. If the customer

 4  reaches a voice response unit, the originating party or its

 5  agent must initiate a response to a customer inquiry within 24

 6  hours, excluding weekends and holidays.  Each

 7  telecommunications carrier shall have until June 30, 1999, to

 8  comply with this subsection.

 9  

10         Reviser's note.--Amended to delete an obsolete

11         provision.

12  

13         Section 39.  Section 373.145, Florida Statutes, is

14  amended to read:

15         373.145  Information program regarding hydrologic

16  conditioning and consumption of major surface and groundwater

17  sources.--In order to aid in the development of a better

18  understanding of the unique surface and groundwater resources

19  of this state, the water management districts shall develop an

20  information program designed to provide information concerning

21  existing hydrologic conditions of major surface and

22  groundwater sources in this state and suggestions for good

23  conservation practices within those areas. The program shall

24  be developed by December 31, 2002. Beginning January 1, 2003,

25  and on a regular basis no less than every 6 months thereafter,

26  the information developed pursuant to this section shall be

27  distributed to every member of the Florida Senate and the

28  Florida House of Representatives and to local print and

29  broadcast news organizations. Each water management district

30  shall be responsible for the distribution of this information

31  within its established geographic area.


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

 2         that has served its purpose.

 3  

 4         Section 40.  Paragraph (f) of subsection (1) of section

 5  373.1963, Florida Statutes, is amended to read:

 6         373.1963  Assistance to West Coast Regional Water

 7  Supply Authority.--

 8         (1)  It is the intent of the Legislature to authorize

 9  the implementation of changes in governance recommended by the

10  West Coast Regional Water Supply Authority in its reports to

11  the Legislature dated February 1, 1997, and January 5, 1998.

12  The authority and its member governments may reconstitute the

13  authority's governance and rename the authority under a

14  voluntary interlocal agreement with a term of not less than 20

15  years. The interlocal agreement must comply with this

16  subsection as follows:

17         (f)  Upon execution of the voluntary interlocal

18  agreement provided for herein, the authority shall jointly

19  develop with the Southwest Florida Water Management District

20  alternative sources of potable water and transmission

21  pipelines to interconnect regionally significant water supply

22  sources and facilities of the authority in amounts sufficient

23  to meet the needs of all member governments for a period of at

24  least 20 years and for natural systems. Nothing herein,

25  however, shall preclude the authority and its member

26  governments from developing traditional water sources pursuant

27  to the voluntary interlocal agreement. Development and

28  construction costs for alternative source facilities, which

29  may include a desalination facility and significant regional

30  interconnects, must be borne as mutually agreed to by both the

31  authority and the Southwest Florida Water Management District.


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 1  Nothing herein shall preclude authority or district cost

 2  sharing with private entities for the construction or

 3  ownership of alternative source facilities. By December 31,

 4  1997, the authority and the Southwest Florida Water Management

 5  District shall:1. enter into a mutually acceptable agreement

 6  detailing the development and implementation of directives

 7  contained in this paragraph.; or 

 8         2.  Jointly prepare and submit to the President of the

 9  Senate and the Speaker of the House of Representatives a

10  report describing the progress made and impediments

11  encountered in their attempts to implement the water resource

12  development and water supply development directives contained

13  in this paragraph. Nothing in this section shall be construed

14  to modify the rights or responsibilities of the authority or

15  its member governments, except as otherwise provided herein,

16  or of the Southwest Florida Water Management District or the

17  department pursuant to this chapter or chapter 403 and as

18  otherwise set forth by statutes.

19  

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

21         that has served its purpose.

22  

23         Section 41.  Section 373.1995, Florida Statutes, is

24  repealed.

25  

26         Reviser's note.--Repealed to delete an obsolete

27         provision. The required report and subsequent

28         action were to be completed prior to the

29         beginning of the 2001 Regular Legislative

30         Session.

31  


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 1         Section 42.  Paragraph (f) of subsection (4) of section

 2  373.4592, Florida Statutes, is amended to read:

 3         373.4592  Everglades improvement and management.--

 4         (4)  EVERGLADES PROGRAM.--

 5         (f)  EAA best management practices.--

 6         1.  The district, in cooperation with the department,

 7  shall develop and implement a water quality monitoring program

 8  to evaluate the effectiveness of the BMPs in achieving and

 9  maintaining compliance with state water quality standards and

10  restoring and maintaining designated and existing beneficial

11  uses. The program shall include an analysis of the

12  effectiveness of the BMPs in treating constituents that are

13  not being significantly improved by the STAs. The monitoring

14  program shall include monitoring of appropriate parameters at

15  representative locations.

16         2.  The district shall continue to require and enforce

17  the BMP and other requirements of chapters 40E-61 and 40E-63,

18  Florida Administrative Code, during the terms of the existing

19  permits issued pursuant to those rules. Chapter 40E-61,

20  Florida Administrative Code, may be amended to include the

21  BMPs required by chapter 40E-63, Florida Administrative Code.

22  Prior to the expiration of existing permits, and during each

23  5-year term of subsequent permits as provided for in this

24  section, those rules shall be amended to implement a

25  comprehensive program of research, testing, and implementation

26  of BMPs that will address all water quality standards within

27  the EAA and Everglades Protection Area. Under this program:

28         a.  EAA landowners, through the EAA Environmental

29  Protection District or otherwise, shall sponsor a program of

30  BMP research with qualified experts to identify appropriate

31  BMPs.


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 1         b.  Consistent with the water quality monitoring

 2  program, BMPs will be field-tested in a sufficient number of

 3  representative sites in the EAA to reflect soil and crop types

 4  and other factors that influence BMP design and effectiveness.

 5         c.  BMPs as required for varying crops and soil types

 6  shall be included in permit conditions in the 5-year permits

 7  issued pursuant to this section.

 8         d.  The district shall conduct research in cooperation

 9  with EAA landowners to identify water quality parameters that

10  are not being significantly improved either by the STAs or the

11  BMPs, and to identify further BMP strategies needed to address

12  these parameters.

13         3.  The Legislature finds that through the

14  implementation of the Everglades BMPs Program and the

15  implementation of the Everglades Construction Project,

16  reasonable further progress will be made towards addressing

17  water quality requirements of the EAA canals and the

18  Everglades Protection Area. Permittees within the EAA and the

19  C-139 Basin who are in full compliance with the conditions of

20  permits under chapters 40E-61 and 40E-63, Florida

21  Administrative Code, have made all payments required under the

22  Everglades Program, and are in compliance with subparagraph

23  (a)7.(a)8., if applicable, shall not be required to implement

24  additional water quality improvement measures, prior to

25  December 31, 2006, other than those required by subparagraph

26  2., with the following exceptions:

27         a.  Nothing in this subparagraph shall limit the

28  existing authority of the department or the district to limit

29  or regulate discharges that pose a significant danger to the

30  public health and safety; and

31  


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 1         b.  New land uses and new stormwater management

 2  facilities other than alterations to existing agricultural

 3  stormwater management systems for water quality improvements

 4  shall not be accorded the compliance established by this

 5  section. Permits may be required to implement improvements or

 6  alterations to existing agricultural water management systems.

 7         4.  As of December 31, 2006, all permits, including

 8  those issued prior to that date, shall require implementation

 9  of additional water quality measures, taking into account the

10  water quality treatment actually provided by the STAs and the

11  effectiveness of the BMPs. As of that date, no permittee's

12  discharge shall cause or contribute to any violation of water

13  quality standards in the Everglades Protection Area.

14         5.  Effective immediately, landowners within the C-139

15  Basin shall not collectively exceed an annual average loading

16  of phosphorus based proportionately on the historical rainfall

17  for the C-139 Basin over the period of October 1, 1978, to

18  September 30, 1988. New surface inflows shall not increase the

19  annual average loading of phosphorus stated above. Provided

20  that the C-139 Basin does not exceed this annual average

21  loading, all landowners within the Basin shall be in

22  compliance for that year. Compliance determinations for

23  individual landowners within the C-139 Basin for remedial

24  action, if the Basin is determined by the district to be out

25  of compliance for that year, shall be based on the landowners'

26  proportional share of the total phosphorus loading. The total

27  phosphorus discharge load shall be determined as set forth in

28  Appendix B2 of Rule 40E-63, Everglades Program, Florida

29  Administrative Code.

30         6.  The district, in cooperation with the department,

31  shall develop and implement a water quality monitoring program


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 1  to evaluate the quality of the discharge from the C-139 Basin.

 2  Upon determination by the department or the district that the

 3  C-139 Basin is exceeding any presently existing water quality

 4  standards, the district shall require landowners within the

 5  C-139 Basin to implement BMPs appropriate to the land uses

 6  within the C-139 Basin consistent with subparagraph 2.

 7  Thereafter, the provisions of subparagraphs 2.-4. shall apply

 8  to the landowners within the C-139 Basin.

 9  

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

11         redesignation of subparagraph (4)(a)8. as

12         subparagraph (4)(a)7. by s. 1, ch. 2003-12,

13         Laws of Florida.

14  

15         Section 43.  Section 376.71, Florida Statutes, is

16  amended to read:

17         376.71  Registration fee and gross receipts tax.--The

18  registration fee and the gross receipts tax imposed under ss.

19  376.303(1)(d) and 376.70 do not apply to uniform rental

20  companies or linen supply companies.  Any such fee or tax that

21  was imposed on and remitted, collected, or held in escrow by a

22  uniform rental company or linen supply company from October 1,

23  1994, and before October 1, 1995, is not payable to the State

24  of Florida, and, if remitted, shall be refunded by the

25  Department of Revenue.

26  

27         Reviser's note.--Amended to delete an obsolete

28         provision.

29  

30         Section 44.  Paragraph (c) of subsection (7) of section

31  376.80, Florida Statutes, is amended to read:


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 1         376.80  Brownfield program administration process.--

 2         (7)  The contractor who is performing the majority of

 3  the site rehabilitation program tasks pursuant to a brownfield

 4  site rehabilitation agreement or supervising the performance

 5  of such tasks by licensed subcontractors in accordance with

 6  the provisions of s. 489.113(9) must certify to the department

 7  that the contractor:

 8         (c)  Maintains comprehensive general liability coverage

 9  with limits of not less than $1 million per occurrence and $2

10  million general aggregate for bodily injury and property

11  damage and comprehensive automobile liability coverage with

12  limits of not less than $2 $1 million combined single limit.

13  The contractor shall also maintain pollution liability

14  coverage with limits of not less than $3 million aggregate for

15  personal injury or death, $1 million per occurrence for

16  personal injury or death, and $1 million per occurrence for

17  property damage. The contractor's certificate of insurance

18  shall name the state as an additional insured party.

19  

20         Reviser's note.--Amended to correct an apparent

21         coding error. The figure "$1" was inadvertently

22         retained when the paragraph was amended by s.

23         2, ch. 2004-40, Laws of Florida.

24  

25         Section 45.  Subsection (7) of section 378.034, Florida

26  Statutes, is amended to read:

27         378.034  Submission of a reclamation program request;

28  procedures.--

29         (7)  Until 1995, the funds available for approved

30  reclamation contracts and acquisitions of nonmandatory lands

31  shall not exceed 20 percent of the uncommitted fund balance of


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 1  the trust fund at the beginning of each year. The prioritized

 2  list approved by the committee may contain more reclamation

 3  program applications than there are funds available during the

 4  year.

 5  

 6         Reviser's note.--Amended to delete an obsolete

 7         provision.

 8  

 9         Section 46.  Paragraph (b) of subsection (5) of section

10  378.035, Florida Statutes, is amended to read:

11         378.035  Department responsibilities and duties with

12  respect to Nonmandatory Land Reclamation Trust Fund.--

13         (5)  Funds within the Nonmandatory Land Reclamation

14  Trust Fund are also authorized for use by the department for

15  the following purposes:

16         (b)  For the abatement of an imminent hazard as

17  provided by s. 403.4154(3) 403.4154(4) and for the purpose of

18  closing an abandoned phosphogypsum stack system and carrying

19  out postclosure care as provided by s. 403.4154(5)

20  403.4154(6).

21  

22         Reviser's note.--Amended to correct an apparent

23         error in the redesignation of cross-references

24         by s. 4, ch. 2003-423, Laws of Florida. Section

25         403.4154(4) relates to registration fees, and

26         s. 403.4154(6) does not exist.

27  

28         Section 47.  Subsection (3) of section 381.0046,

29  Florida Statutes, is repealed.

30  

31  


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 1         Reviser's note.--Repealed to delete an obsolete

 2         provision. The statewide Black Leadership

 3         Conference on HIV and AIDS was to be conducted

 4         by January 2000.

 5  

 6         Section 48.  Paragraph (j) of subsection (3) and

 7  paragraph (j) of subsection (4) of section 381.0065, Florida

 8  Statutes, are amended to read:

 9         381.0065  Onsite sewage treatment and disposal systems;

10  regulation.--

11         (3)  DUTIES AND POWERS OF THE DEPARTMENT OF

12  HEALTH.--The department shall:

13         (j)  Supervise research on, demonstration of, and

14  training on the performance, environmental impact, and public

15  health impact of onsite sewage treatment and disposal systems

16  within this state.  Research fees collected under s.

17  381.0066(2)(k) must be used to develop and fund hands-on

18  training centers designed to provide practical information

19  about onsite sewage treatment and disposal systems to septic

20  tank contractors, master septic tank contractors, contractors,

21  inspectors, engineers, and the public and must also be used to

22  fund research projects which focus on improvements of onsite

23  sewage treatment and disposal systems, including use of

24  performance-based standards and reduction of environmental

25  impact.  Research projects shall be initially approved by the

26  technical review and advisory panel and shall be applicable to

27  and reflect the soil conditions specific to Florida.  Such

28  projects shall be awarded through competitive negotiation,

29  using the procedures provided in s. 287.055, to public or

30  private entities that have experience in onsite sewage

31  treatment and disposal systems in Florida and that are


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 1  principally located in Florida.  Research projects shall not

 2  be awarded to firms or entities that employ or are associated

 3  with persons who serve on either the technical review and

 4  advisory panel or the research review and advisory committee.

 5         (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person

 6  may not construct, repair, modify, abandon, or operate an

 7  onsite sewage treatment and disposal system without first

 8  obtaining a permit approved by the department. The department

 9  may issue permits to carry out this section, but shall not

10  make the issuance of such permits contingent upon prior

11  approval by the Department of Environmental Protection. A

12  construction permit is valid for 18 months from the issuance

13  date and may be extended by the department for one 90-day

14  period under rules adopted by the department.  A repair permit

15  is valid for 90 days from the date of issuance. An operating

16  permit must be obtained prior to the use of any aerobic

17  treatment unit or if the establishment generates commercial

18  waste. Buildings or establishments that use an aerobic

19  treatment unit or generate commercial waste shall be inspected

20  by the department at least annually to assure compliance with

21  the terms of the operating permit. The operating permit for a

22  commercial wastewater system is valid for 1 year from the date

23  of issuance and must be renewed annually. The operating permit

24  for an aerobic treatment unit is valid for 2 years from the

25  date of issuance and must be renewed every 2 years.  If all

26  information pertaining to the siting, location, and

27  installation conditions or repair of an onsite sewage

28  treatment and disposal system remains the same, a construction

29  or repair permit for the onsite sewage treatment and disposal

30  system may be transferred to another person, if the transferee

31  files, within 60 days after the transfer of ownership, an


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 1  amended application providing all corrected information and

 2  proof of ownership of the property.  There is no fee

 3  associated with the processing of this supplemental

 4  information.  A person may not contract to construct, modify,

 5  alter, repair, service, abandon, or maintain any portion of an

 6  onsite sewage treatment and disposal system without being

 7  registered under part III of chapter 489.  A property owner

 8  who personally performs construction, maintenance, or repairs

 9  to a system serving his or her own owner-occupied

10  single-family residence is exempt from registration

11  requirements for performing such construction, maintenance, or

12  repairs on that residence, but is subject to all permitting

13  requirements. A municipality or political subdivision of the

14  state may not issue a building or plumbing permit for any

15  building that requires the use of an onsite sewage treatment

16  and disposal system unless the owner or builder has received a

17  construction permit for such system from the department. A

18  building or structure may not be occupied and a municipality,

19  political subdivision, or any state or federal agency may not

20  authorize occupancy until the department approves the final

21  installation of the onsite sewage treatment and disposal

22  system. A municipality or political subdivision of the state

23  may not approve any change in occupancy or tenancy of a

24  building that uses an onsite sewage treatment and disposal

25  system until the department has reviewed the use of the system

26  with the proposed change, approved the change, and amended the

27  operating permit.

28         (j)  An onsite sewage treatment and disposal system for

29  a single-family residence that is designed by a professional

30  engineer registered in the state and certified by such

31  engineer as complying with performance criteria adopted by the


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 1  department must be approved by the department subject to the

 2  following:

 3         1.  The performance criteria applicable to

 4  engineer-designed systems must be limited to those necessary

 5  to ensure that such systems do not adversely affect the public

 6  health or significantly degrade the groundwater or surface

 7  water.  Such performance criteria shall include consideration

 8  of the quality of system effluent, the proposed total sewage

 9  flow per acre, wastewater treatment capabilities of the

10  natural or replaced soil, water quality classification of the

11  potential surface-water-receiving body, and the structural and

12  maintenance viability of the system for the treatment of

13  domestic wastewater.  However, performance criteria shall

14  address only the performance of a system and not a system's

15  design.

16         2.  The technical review and advisory panel shall

17  assist the department in the development of performance

18  criteria applicable to engineer-designed systems.  Workshops

19  on the development of the rules delineating such criteria

20  shall commence not later than September 1, 1996, and the

21  department shall advertise such rules for public hearing no

22  later than October 1, 1997.

23         3.  A person electing to utilize an engineer-designed

24  system shall, upon completion of the system design, submit

25  such design, certified by a registered professional engineer,

26  to the county health department.  The county health department

27  may utilize an outside consultant to review the

28  engineer-designed system, with the actual cost of such review

29  to be borne by the applicant. Within 5 working days after

30  receiving an engineer-designed system permit application, the

31  county health department shall request additional information


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 1  if the application is not complete.  Within 15 working days

 2  after receiving a complete application for an

 3  engineer-designed system, the county health department either

 4  shall issue the permit or, if it determines that the system

 5  does not comply with the performance criteria, shall notify

 6  the applicant of that determination and refer the application

 7  to the department for a determination as to whether the system

 8  should be approved, disapproved, or approved with

 9  modification. The department engineer's determination shall

10  prevail over the action of the county health department.  The

11  applicant shall be notified in writing of the department's

12  determination and of the applicant's rights to pursue a

13  variance or seek review under the provisions of chapter 120.

14         4.  The owner of an engineer-designed performance-based

15  system must maintain a current maintenance service agreement

16  with a maintenance entity permitted by the department. The

17  maintenance entity shall obtain a biennial system operating

18  permit from the department for each system under service

19  contract.  The department shall inspect the system at least

20  annually, or on such periodic basis as the fee collected

21  permits, and may collect system-effluent samples if

22  appropriate to determine compliance with the performance

23  criteria. The fee for the biennial operating permit shall be

24  collected beginning with the second year of system operation.

25  The maintenance entity shall inspect each system at least

26  twice each year and shall report quarterly to the department

27  on the number of systems inspected and serviced.

28         5.  If an engineer-designed system fails to properly

29  function or fails to meet performance standards, the system

30  shall be re-engineered, if necessary, to bring the system into

31  compliance with the provisions of this section.


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 1         Reviser's note.--Paragraph (3)(j) is amended to

 2         conform to the correct name of the "technical

 3         review and advisory panel" as created in s.

 4         381.0068. Paragraph (4)(j) is amended to delete

 5         an obsolete provision.

 6  

 7         Section 49.  Paragraph (a) of subsection (3) and

 8  paragraph (a) of subsection (4) of section 381.0072, Florida

 9  Statutes, are reenacted to read:

10         381.0072  Food service protection.--It shall be the

11  duty of the Department of Health to adopt and enforce

12  sanitation rules consistent with law to ensure the protection

13  of the public from food-borne illness. These rules shall

14  provide the standards and requirements for the storage,

15  preparation, serving, or display of food in food service

16  establishments as defined in this section and which are not

17  permitted or licensed under chapter 500 or chapter 509.

18         (3)  LICENSES REQUIRED.--

19         (a)  Licenses; annual renewals.--Each food service

20  establishment regulated under this section shall obtain a

21  license from the department annually.  Food service

22  establishment licenses shall expire annually and shall not be

23  transferable from one place or individual to another.

24  However, those facilities licensed by the department's Office

25  of Licensure and Certification, the Child Care Services

26  Program Office, or the Developmental Disabilities Program

27  Office are exempt from this subsection.  It shall be a

28  misdemeanor of the second degree, punishable as provided in s.

29  381.0061, s. 775.082, or s. 775.083, for such an establishment

30  to operate without this license.  The department may refuse a

31  license, or a renewal thereof, to any establishment that is


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 1  not constructed or maintained in accordance with law and with

 2  the rules of the department.  Annual application for renewal

 3  shall not be required.

 4         (4)  LICENSE; INSPECTION; FEES.--

 5         (a)  The department is authorized to collect fees from

 6  establishments licensed under this section and from those

 7  facilities exempted from licensure under paragraph (3)(a).  It

 8  is the intent of the Legislature that the total fees assessed

 9  under this section be in an amount sufficient to meet the cost

10  of carrying out the provisions of this section.

11  

12         Reviser's note.--Section 9, ch. 2004-350, Laws

13         of Florida, purported to amend paragraphs

14         (3)(a) and (4)(a), but failed to publish the

15         amended paragraphs. In the absence of

16         affirmative evidence that the Legislature

17         intended to repeal the paragraphs, paragraphs

18         (3)(a) and (4)(a) are reenacted to confirm that

19         the omission was not intended.

20  

21         Section 50.  Subsection (5) of section 381.103, Florida

22  Statutes, is repealed.

23  

24         Reviser's note.--Repealed to delete an obsolete

25         provision. The required report on the findings,

26         accomplishments, and recommendations of the

27         Community Health pilot projects was to be

28         submitted no later than January 1, 2001.

29  

30         Section 51.  Subsection (6) of section 381.734, Florida

31  Statutes, is amended to read:


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 1         381.734  Healthy Communities, Healthy People Program.--

 2         (6)  The Office of Program Policy Analysis and

 3  Government Accountability shall evaluate and report to the

 4  Governor, the President of the Senate, and the Speaker of the

 5  House of Representatives, by March 1, 2005, on the

 6  effectiveness of the department's monitoring and assessment of

 7  the program's effectiveness.

 8  

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

10         complete title of the Office of Program Policy

11         Analysis and Government Accountability.

12  

13         Section 52.  Subsection (1) of section 393.0655,

14  Florida Statutes, is amended to read:

15         393.0655  Screening of direct service providers.--

16         (1)  MINIMUM STANDARDS.--The agency shall require level

17  2 employment screening pursuant to chapter 435 for direct

18  service providers who are unrelated to their clients,

19  including support coordinators, and managers and supervisors

20  of residential facilities or comprehensive transitional

21  education programs licensed under s. 393.067 393.967 and any

22  other person, including volunteers, who provide care or

23  services, who have access to a client's living areas, or who

24  have access to a client's funds or personal property.

25  Background screening shall include employment history checks

26  as provided in s. 435.03(1) and local criminal records checks

27  through local law enforcement agencies.

28         (a)  A volunteer who assists on an intermittent basis

29  for less than 40 hours per month does not have to be screened

30  if the volunteer is under the direct and constant supervision

31  


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 1  of persons who meet the screening requirements of this

 2  section.

 3         (b)  Licensed physicians, nurses, or other

 4  professionals licensed and regulated by the Department of

 5  Health are not subject to background screening pursuant to

 6  this section if they are providing a service that is within

 7  their scope of licensed practice.

 8         (c)  A person selected by the family or the individual

 9  with developmental disabilities and paid by the family or the

10  individual to provide supports or services is not required to

11  have a background screening under this section.

12         (d)  Persons residing with the direct services

13  provider, including family members, are subject to background

14  screening; however, such persons who are 12 to 18 years of age

15  shall be screened for delinquency records only.

16  

17         Reviser's note.--Amended to correct an apparent

18         error and facilitate correct interpretation.

19         Section 393.967 does not exist; s. 393.067

20         relates to licensure of comprehensive

21         transitional education programs.

22  

23         Section 53.  Subsection (3) of section 393.068, Florida

24  Statutes, is amended to read:

25         393.068  Family care program.--

26         (3)  When it is determined by the agency to be more

27  cost-effective and in the best interest of the client to

28  maintain such client in the home of a direct service provider,

29  the parent or guardian of the client or, if competent, the

30  client may enroll the client in the family care program. The

31  direct service provider of a client enrolled in the family


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 1  care program shall be reimbursed according to a rate schedule

 2  set by the agency. In-home subsidies cited in paragraph

 3  (2)(d)(1)(d) shall be provided according to s. 393.0695 and

 4  are not subject to any other payment method or rate schedule

 5  provided for in this section.

 6  

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

 8         redesignation of subunits within s. 393.068 by

 9         s. 76, ch. 2004-267, Laws of Florida.

10  

11         Section 54.  Section 394.498, Florida Statutes, is

12  repealed.

13  

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

15         relates to the Child and Adolescent Interagency

16         System of Care Demonstration Models, has served

17         its purpose. Findings and conclusions for the

18         models and recommendations for statewide

19         implementation were to be included in a report

20         to the Legislature by December 31, 2001.

21  

22         Section 55.  Subsection (3) of section 394.499, Florida

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

24  amended to read:

25         394.499  Integrated children's crisis stabilization

26  unit/juvenile addictions receiving facility services.--

27         (1)  Beginning July 1, 2001, the Department of Children

28  and Family Services, in consultation with the Agency for

29  Health Care Administration, is authorized to establish

30  children's behavioral crisis unit demonstration models in

31  Collier, Lee, and Sarasota Counties. By December 31, 2003, the


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 1  department shall submit to the President of the Senate, the

 2  Speaker of the House of Representatives, and the chairs of the

 3  Senate and House committees that oversee departmental

 4  activities a report that evaluates the number of clients

 5  served, quality of services, performance outcomes, and

 6  feasibility of continuing or expanding the demonstration

 7  models. Beginning July 1, 2004, subject to approval by the

 8  Legislature, the department, in cooperation with the agency,

 9  may expand the demonstration models to other areas in the

10  state. The children's behavioral crisis unit demonstration

11  models will integrate children's mental health crisis

12  stabilization units with substance abuse juvenile addictions

13  receiving facility services, to provide emergency mental

14  health and substance abuse services that are integrated within

15  facilities licensed and designated by the agency for children

16  under 18 years of age who meet criteria for admission or

17  examination under this section. The services shall be

18  designated as "integrated children's crisis stabilization

19  unit/juvenile addictions receiving facility services," shall

20  be licensed by the agency as children's crisis stabilization

21  units, and shall meet all licensure requirements for crisis

22  stabilization units. The department, in cooperation with the

23  agency, shall develop standards that address eligibility

24  criteria; clinical procedures; staffing requirements;

25  operational, administrative, and financing requirements; and

26  investigation of complaints for such integrated facility

27  services. Standards that are implemented specific to substance

28  abuse services shall meet or exceed existing standards for

29  addictions receiving facilities.

30  

31  


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

 2         delete a provision that has served its purpose;

 3         it required a report relating to children's

 4         behavioral crisis unit demonstration models by

 5         December 31, 2003. Subsection (3) is repealed

 6         to delete a provision that has served its

 7         purpose; the Department of Children and Family

 8         Services was to report on an evaluation by

 9         December 31, 2003.

10  

11         Section 56.  Subsection (4) of section 394.82, Florida

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

13  amended to read:

14         394.82  Funding of expanded services.--

15         (5)(6)  The provisions of subsections (1) and (4)(5)

16  shall be implemented to the extent of available appropriations

17  contained in the annual General Appropriations Act for such

18  purposes.

19  

20         Reviser's note.--Subsection (4) is repealed to

21         delete provisions that have served their

22         purpose; the Department of Children and Family

23         Services was directed to submit reports on

24         October 1, 2002, and October 1, 2003.

25         Subsection (6) is amended to conform a

26         cross-reference to the renumbering of subunits

27         necessitated by the repeal of subsection (4) by

28         this act.

29  

30         Section 57.  Subsection (2) of section 394.9083,

31  Florida Statutes, is repealed.


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 1         Reviser's note.--Repealed to delete a provision

 2         that has served its purpose; a report by the

 3         Behavioral Health Services Integration

 4         Workgroup was to be submitted by January 1,

 5         2002.

 6  

 7         Section 58.  Paragraph (b) of subsection (5) and

 8  subsection (7) of section 395.4001, Florida Statutes, are

 9  amended to read:

10         395.4001  Definitions.--As used in this part, the term:

11         (5)  "Level I trauma center" means a trauma center

12  that:

13         (b)  Serves as a resource facility to Level II trauma

14  centers, pediatric trauma referral centers, and general

15  hospitals through shared outreach, education, and quality

16  improvement activities.

17         (7)  "Pediatric trauma referral center" means a

18  hospital that is verified by the department to be in

19  substantial compliance with pediatric trauma center standards

20  as established by rule of the department and has been approved

21  by the department to operate as a pediatric trauma center.

22  

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

24         revision of the term "pediatric trauma referral

25         center" to "pediatric trauma center" throughout

26         statutory material relating to the subject by

27         ch. 2004-259, Laws of Florida.

28  

29         Section 59.  Subsection (2) of section 395.404, Florida

30  Statutes, is amended to read:

31  


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 1         395.404  Review of trauma registry data; report to

 2  central registry; confidentiality and limited release.--

 3         (2)  Each trauma center, pediatric trauma referral

 4  center, and acute care hospital shall report to the

 5  department's brain and spinal cord injury central registry,

 6  consistent with the procedures and timeframes of s. 381.74,

 7  any person who has a moderate-to-severe brain or spinal cord

 8  injury, and shall include in the report the name, age,

 9  residence, and type of disability of the individual and any

10  additional information that the department finds necessary.

11  

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

13         revision of the term "pediatric trauma referral

14         center" to "pediatric trauma center" throughout

15         statutory material relating to the subject by

16         ch. 2004-259, Laws of Florida.

17  

18         Section 60.  Subsection (1) of section 397.416, Florida

19  Statutes, is repealed.

20  

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

22         allows persons with certain master's degrees

23         and minimum experience to perform as qualified

24         professionals with respect to substance abuse

25         treatment services until January 1, 2001, has

26         served its purpose.

27  

28         Section 61.  Subsection (4) of section 397.97, Florida

29  Statutes, is repealed.

30  

31  


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 1         Reviser's note.--Repealed to conform to the

 2         repeal of s. 394.498 by this act.

 3  

 4         Section 62.  Section 400.1755, Florida Statutes, is

 5  amended to read:

 6         400.1755  Care for persons with Alzheimer's disease or

 7  related disorders.--

 8         (1)  As a condition of licensure, facilities licensed

 9  under this part must provide to each of their employees, upon

10  beginning employment, basic written information about

11  interacting with persons with Alzheimer's disease or a related

12  disorder.

13         (2)  All employees who are expected to, or whose

14  responsibilities require them to, have direct contact with

15  residents with Alzheimer's disease or a related disorder must,

16  in addition to being provided the information required in

17  subsection (1), also have an initial training of at least 1

18  hour completed in the first 3 months after beginning

19  employment. This training must include, but is not limited to,

20  an overview of dementias and must provide basic skills in

21  communicating with persons with dementia.

22         (3)  An individual who provides direct care shall be

23  considered a direct caregiver and must complete the required

24  initial training and an additional 3 hours of training within

25  9 months after beginning employment. This training shall

26  include, but is not limited to, managing problem behaviors,

27  promoting the resident's independence in activities of daily

28  living, and skills in working with families and caregivers.

29         (a)  The required 4 hours of training for certified

30  nursing assistants are part of the total hours of training

31  required annually.


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 1         (b)  For a health care practitioner as defined in s.

 2  456.001, continuing education hours taken as required by that

 3  practitioner's licensing board shall be counted toward this

 4  total of 4 hours.

 5         (4)  For an employee who is a licensed health care

 6  practitioner as defined in s. 456.001, training that is

 7  sanctioned by that practitioner's licensing board shall be

 8  considered to be approved by the Department of Elderly

 9  Affairs.

10         (5)  The Department of Elderly Affairs or its designee

11  must approve the initial and continuing training provided in

12  the facilities. The department must approve training offered

13  in a variety of formats, including, but not limited to,

14  Internet-based training, videos, teleconferencing, and

15  classroom instruction. The department shall keep a list of

16  current providers who are approved to provide initial and

17  continuing training. The department shall adopt rules to

18  establish standards for the trainers and the training required

19  in this section.

20         (6)  Upon completing any training listed in this

21  section, the employee or direct caregiver shall be issued a

22  certificate that includes the name of the training provider,

23  the topic covered, and the date and signature of the training

24  provider.  The certificate is evidence of completion of

25  training in the identified topic, and the employee or direct

26  caregiver is not required to repeat training in that topic if

27  the employee or direct caregiver changes employment to a

28  different facility or to an assisted living facility, home

29  health agency, adult day care center, or adult family-care

30  home.  The direct caregiver must comply with other applicable

31  continuing education requirements.


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 1  

 2  An employee hired on or after July 1, 2001, need not comply

 3  with the guidelines created in this section before July 1,

 4  2002.

 5  

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

 7         that has served its purpose.

 8  

 9         Section 63.  Sub-subparagraph b. of subparagraph 2. of

10  paragraph (d) of subsection (5) of section 400.179, Florida

11  Statutes, is repealed.

12  

13         Reviser's note.--The cited sub-subparagraph,

14         which directs the Agency for Health Care

15         Administration to conduct a study and make

16         recommendations regarding the minimum amount to

17         be held in reserve to protect against certain

18         Medicaid overpayments in a report to be

19         submitted by January 1, 2003, has served its

20         purpose.

21  

22         Section 64.  Paragraph (g) of subsection (3) of section

23  403.4154, Florida Statutes, is amended to read:

24         403.4154  Phosphogypsum management program.--

25         (3)  ABATEMENT OF IMMINENT HAZARD.--

26         (g)  The department may impose a lien on the real

27  property on which the phosphogypsum stack system that poses an

28  imminent hazard is located and on the real property underlying

29  and other assets located at associated phosphate fertilizer

30  production facilities equal in amount to the moneys expended

31  from the Nonmandatory Land Reclamation Trust Fund pursuant to


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 1  paragraph (e)(d), including attorney's fees and court costs.

 2  The owner of any property on which such a lien is imposed is

 3  entitled to a release of the lien upon payment to the

 4  department of the lien amount. The lien imposed by this

 5  section does not take priority over any other prior perfected

 6  lien on the real property, personal property, or other assets

 7  referenced in this paragraph, including, but not limited to,

 8  the associated phosphate rock mine and reserves.

 9  

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

11         redesignation of subunits of subsection (3) by

12         s. 8, ch. 2003-423, Laws of Florida.

13  

14         Section 65.  Paragraph (a) of subsection (17) of

15  section 409.2563, Florida Statutes, is repealed, and paragraph

16  (m) of subsection (4) of that section is amended to read:

17         409.2563  Administrative establishment of child support

18  obligations.--

19         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

20  SUPPORT ORDER.--To commence a proceeding under this section,

21  the department shall provide to the custodial parent and serve

22  the noncustodial parent with a notice of proceeding to

23  establish administrative support order and a blank financial

24  affidavit form. The notice must state:

25         (m)  That, neither the department nor the Division of

26  Administrative Hearings has jurisdiction to award or change

27  child custody or rights of parental contact and these issues

28  may only be addressed in circuit court.

29         1.  The noncustodial parent may request in writing that

30  the department proceed in circuit court to determine his or

31  her support obligations.


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 1         2.  The noncustodial parent may state in writing to the

 2  department his or her intention to address issues concerning

 3  custody or rights to parental contact in circuit court.

 4         3.  If the noncustodial parent submits the request

 5  authorized in subparagraph 1., or the statement authorized in

 6  subparagraph 2. to the department within 20 days after the

 7  receipt of the initial notice, the department shall file a

 8  petition in circuit court for the determination of the

 9  noncustodial parent's child support obligations, and shall

10  send to the noncustodial parent a copy of its petition, a

11  notice of commencement of action, and a request for waiver of

12  service of process as provided in the Florida Rules of Civil

13  Procedure.

14         4.  If, within 10 days after receipt of the

15  department's petition and waiver of service, the noncustodial

16  parent signs and returns the waiver of service form to the

17  department, the department shall terminate the administrative

18  proceeding without prejudice and proceed in circuit court.

19         5.  In any circuit court action filed by the department

20  pursuant to this paragraph or filed by a noncustodial parent

21  or other person pursuant to paragraph (l) or paragraph (n),

22  the department shall be a party only with respect to those

23  issues of support allowed and reimbursable under Title IV-D of

24  the Social Security Act. It is the responsibility of the

25  noncustodial parent or other person to take the necessary

26  steps to present other issues for the court to consider.

27  

28  The department may serve the notice of proceeding to establish

29  administrative support order by certified mail, restricted

30  delivery, return receipt requested. Alternatively, the

31  department may serve the notice by any means permitted for


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 1  service of process in a civil action. For purposes of this

 2  section, an authorized employee of the department may serve

 3  the notice and execute an affidavit of service. Service by

 4  certified mail is completed when the certified mail is

 5  received or refused by the addressee or by an authorized agent

 6  as designated by the addressee in writing. If a person other

 7  than the addressee signs the return receipt, the department

 8  shall attempt to reach the addressee by telephone to confirm

 9  whether the notice was received, and the department shall

10  document any telephonic communications. If someone other than

11  the addressee signs the return receipt, the addressee does not

12  respond to the notice, and the department is unable to confirm

13  that the addressee has received the notice, service is not

14  completed and the department shall attempt to have the

15  addressee served personally. The department shall provide the

16  custodial parent or caretaker relative with a copy of the

17  notice by regular mail to the last known address of the

18  custodial parent or caretaker.

19  

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

21         conform to the complete title of the Florida

22         Rules of Civil Procedure. Paragraph (17)(a) is

23         repealed to delete provisions that have served

24         their purpose; the paragraph provided for

25         establishment and evaluation of a study area,

26         with reports due June 30, 2002; June 30, 2003;

27         and June 30, 2004.

28  

29         Section 66.  Subsection (7) of section 409.907, Florida

30  Statutes, is amended to read:

31  


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 1         409.907  Medicaid provider agreements.--The agency may

 2  make payments for medical assistance and related services

 3  rendered to Medicaid recipients only to an individual or

 4  entity who has a provider agreement in effect with the agency,

 5  who is performing services or supplying goods in accordance

 6  with federal, state, and local law, and who agrees that no

 7  person shall, on the grounds of handicap, race, color, or

 8  national origin, or for any other reason, be subjected to

 9  discrimination under any program or activity for which the

10  provider receives payment from the agency.

11         (7)  The agency may require, as a condition of

12  participating in the Medicaid program and before entering into

13  the provider agreement, that the provider submit information,

14  in an initial and any required renewal applications,

15  concerning the professional, business, and personal background

16  of the provider and permit an onsite inspection of the

17  provider's service location by agency staff or other personnel

18  designated by the agency to perform this function. The agency

19  shall perform a random onsite inspection, within 60 days after

20  receipt of a fully complete new provider's application, of the

21  provider's service location prior to making its first payment

22  to the provider for Medicaid services to determine the

23  applicant's ability to provide the services that the applicant

24  is proposing to provide for Medicaid reimbursement. The agency

25  is not required to perform an onsite inspection of a provider

26  or program that is licensed by the agency, that provides

27  services under waiver programs for home and community-based

28  services, or that is licensed as a medical foster home by the

29  Department of Children and Family Services. As a continuing

30  condition of participation in the Medicaid program, a provider

31  shall immediately notify the agency of any current or pending


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 1  bankruptcy filing. Before entering into the provider

 2  agreement, or as a condition of continuing participation in

 3  the Medicaid program, the agency may also require that

 4  Medicaid providers reimbursed on a fee-for-services basis or

 5  fee schedule basis which is not cost-based, post a surety bond

 6  not to exceed $50,000 or the total amount billed by the

 7  provider to the program during the current or most recent

 8  calendar year, whichever is greater. For new providers, the

 9  amount of the surety bond shall be determined by the agency

10  based on the provider's estimate of its first year's billing.

11  If the provider's billing during the first year exceeds the

12  bond amount, the agency may require the provider to acquire an

13  additional bond equal to the actual billing level of the

14  provider. A provider's bond shall not exceed $50,000 if a

15  physician or group of physicians licensed under chapter 458,

16  chapter 459, or chapter 460 has a 50 percent or greater

17  ownership interest in the provider or if the provider is an

18  assisted living facility licensed under part III of chapter

19  400. The bonds permitted by this section are in addition to

20  the bonds referenced in s. 400.179(5)(d) 400.179(4)(d). If the

21  provider is a corporation, partnership, association, or other

22  entity, the agency may require the provider to submit

23  information concerning the background of that entity and of

24  any principal of the entity, including any partner or

25  shareholder having an ownership interest in the entity equal

26  to 5 percent or greater, and any treating provider who

27  participates in or intends to participate in Medicaid through

28  the entity. The information must include:

29         (a)  Proof of holding a valid license or operating

30  certificate, as applicable, if required by the state or local

31  


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 1  jurisdiction in which the provider is located or if required

 2  by the Federal Government.

 3         (b)  Information concerning any prior violation, fine,

 4  suspension, termination, or other administrative action taken

 5  under the Medicaid laws, rules, or regulations of this state

 6  or of any other state or the Federal Government; any prior

 7  violation of the laws, rules, or regulations relating to the

 8  Medicare program; any prior violation of the rules or

 9  regulations of any other public or private insurer; and any

10  prior violation of the laws, rules, or regulations of any

11  regulatory body of this or any other state.

12         (c)  Full and accurate disclosure of any financial or

13  ownership interest that the provider, or any principal,

14  partner, or major shareholder thereof, may hold in any other

15  Medicaid provider or health care related entity or any other

16  entity that is licensed by the state to provide health or

17  residential care and treatment to persons.

18         (d)  If a group provider, identification of all members

19  of the group and attestation that all members of the group are

20  enrolled in or have applied to enroll in the Medicaid program.

21  

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

23         context of the reference and the fact that

24         there is no s. 400.179(4)(d).

25  

26         Section 67.  Subsections (1) and (6) of section

27  409.9071, Florida Statutes, are amended to read:

28         409.9071  Medicaid provider agreements for school

29  districts certifying state match.--

30         (1)  The agency shall submit a state plan amendment by

31  September 1, 1997, for the purpose of obtaining federal


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 1  authorization to reimburse school-based services as provided

 2  in former s. 236.0812 pursuant to the rehabilitative services

 3  option provided under 42 U.S.C. s. 1396d(a)(13). For purposes

 4  of this section, billing agent consulting services shall be

 5  considered billing agent services, as that term is used in s.

 6  409.913(10), and, as such, payments to such persons shall not

 7  be based on amounts for which they bill nor based on the

 8  amount a provider receives from the Medicaid program. This

 9  provision shall not restrict privatization of Medicaid

10  school-based services. Subject to any limitations provided for

11  in the General Appropriations Act, the agency, in compliance

12  with appropriate federal authorization, shall develop policies

13  and procedures and shall allow for certification of state and

14  local education funds which have been provided for

15  school-based services as specified in s. 1011.70 and

16  authorized by a physician's order where required by federal

17  Medicaid law.  Any state or local funds certified pursuant to

18  this section shall be for children with specified disabilities

19  who are eligible for both Medicaid and part B or part H of the

20  Individuals with Disabilities Education Act (IDEA), or the

21  exceptional student education program, or who have an

22  individualized educational plan.

23         (6)  Retroactive reimbursements for services as

24  specified in former s. 236.0812 as of July 1, 1996, including

25  reimbursement for the 1995-1996 and 1996-1997 school years,

26  are subject to federal approval.

27  

28         Reviser's note.--Subsection (1) is amended to

29         delete a provision that has served its purpose.

30         Subsection (6) is amended to make the sentence

31         complete and provide clarity.


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 1         Section 68.  Subparagraph 4. of paragraph (a) of

 2  subsection (1) of section 409.908, Florida Statutes, is

 3  repealed.

 4  

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

 6         provides for hospital inpatient rates to be

 7         reduced by 6 percent effective July 1, 2001,

 8         and restored effective April 1, 2002, has

 9         served its purpose.

10  

11         Section 69.  Section 409.91188, Florida Statutes, is

12  amended to read:

13         409.91188  Specialty prepaid health plans for Medicaid

14  recipients with HIV or AIDS.--The Agency for Health Care

15  Administration is authorized to contract with specialty

16  prepaid health plans and pay them on a prepaid capitated basis

17  to provide Medicaid benefits to Medicaid-eligible recipients

18  who have human immunodeficiency syndrome (HIV) or acquired

19  immunodeficiency syndrome (AIDS). The agency shall apply for

20  and is authorized to implement federal waivers or other

21  necessary federal authorization to implement the prepaid

22  health plans authorized by this section. The agency shall

23  procure the specialty prepaid health plans through a

24  competitive procurement. In awarding a contract to a managed

25  care plan, the agency shall take into account price, quality,

26  accessibility, linkages to community-based organizations, and

27  the comprehensiveness of the benefit package offered by the

28  plan. The agency may bid the HIV/AIDS specialty plans on a

29  county, regional, or statewide basis. Qualified plans must be

30  licensed under chapter 641. The agency shall monitor and

31  evaluate the implementation of this waiver program if it is


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 1  approved by the Federal Government and shall report on its

 2  status to the President of the Senate and the Speaker of the

 3  House of Representatives by February 1, 2001. To improve

 4  coordination of medical care delivery and to increase cost

 5  efficiency for the Medicaid program in treating HIV disease,

 6  the Agency for Health Care Administration shall seek all

 7  necessary federal waivers to allow participation in the

 8  Medipass HIV disease management program for Medicare

 9  beneficiaries who test positive for HIV infection and who also

10  qualify for Medicaid benefits such as prescription medications

11  not covered by Medicare.

12  

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

14         that has served its purpose.

15  

16         Section 70.  Paragraph (a) of subsection (4), paragraph

17  (b) of subsection (16), subsection (41), and paragraph (d) of

18  subsection (49) of section 409.912, Florida Statutes, are

19  amended to read:

20         409.912  Cost-effective purchasing of health care.--The

21  agency shall purchase goods and services for Medicaid

22  recipients in the most cost-effective manner consistent with

23  the delivery of quality medical care. To ensure that medical

24  services are effectively utilized, the agency may, in any

25  case, require a confirmation or second physician's opinion of

26  the correct diagnosis for purposes of authorizing future

27  services under the Medicaid program. This section does not

28  restrict access to emergency services or poststabilization

29  care services as defined in 42 C.F.R. part 438.114. Such

30  confirmation or second opinion shall be rendered in a manner

31  approved by the agency. The agency shall maximize the use of


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 1  prepaid per capita and prepaid aggregate fixed-sum basis

 2  services when appropriate and other alternative service

 3  delivery and reimbursement methodologies, including

 4  competitive bidding pursuant to s. 287.057, designed to

 5  facilitate the cost-effective purchase of a case-managed

 6  continuum of care. The agency shall also require providers to

 7  minimize the exposure of recipients to the need for acute

 8  inpatient, custodial, and other institutional care and the

 9  inappropriate or unnecessary use of high-cost services. The

10  agency may mandate prior authorization, drug therapy

11  management, or disease management participation for certain

12  populations of Medicaid beneficiaries, certain drug classes,

13  or particular drugs to prevent fraud, abuse, overuse, and

14  possible dangerous drug interactions. The Pharmaceutical and

15  Therapeutics Committee shall make recommendations to the

16  agency on drugs for which prior authorization is required. The

17  agency shall inform the Pharmaceutical and Therapeutics

18  Committee of its decisions regarding drugs subject to prior

19  authorization. The agency is authorized to limit the entities

20  it contracts with or enrolls as Medicaid providers by

21  developing a provider network through provider credentialing.

22  The agency may limit its network based on the assessment of

23  beneficiary access to care, provider availability, provider

24  quality standards, time and distance standards for access to

25  care, the cultural competence of the provider network,

26  demographic characteristics of Medicaid beneficiaries,

27  practice and provider-to-beneficiary standards, appointment

28  wait times, beneficiary use of services, provider turnover,

29  provider profiling, provider licensure history, previous

30  program integrity investigations and findings, peer review,

31  provider Medicaid policy and billing compliance records,


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 1  clinical and medical record audits, and other factors.

 2  Providers shall not be entitled to enrollment in the Medicaid

 3  provider network. The agency is authorized to seek federal

 4  waivers necessary to implement this policy.

 5         (4)  The agency may contract with:

 6         (a)  An entity that provides no prepaid health care

 7  services other than Medicaid services under contract with the

 8  agency and which is owned and operated by a county, county

 9  health department, or county-owned and operated hospital to

10  provide health care services on a prepaid or fixed-sum basis

11  to recipients, which entity may provide such prepaid services

12  either directly or through arrangements with other providers.

13  Such prepaid health care services entities must be licensed

14  under parts I and III by January 1, 1998, and until then are

15  exempt from the provisions of part I of chapter 641. An entity

16  recognized under this paragraph which demonstrates to the

17  satisfaction of the Office of Insurance Regulation of the

18  Financial Services Commission that it is backed by the full

19  faith and credit of the county in which it is located may be

20  exempted from s. 641.225.

21         (16)

22         (b)  The responsibility of the agency under this

23  subsection shall include the development of capabilities to

24  identify actual and optimal practice patterns; patient and

25  provider educational initiatives; methods for determining

26  patient compliance with prescribed treatments; fraud, waste,

27  and abuse prevention and detection programs; and beneficiary

28  case management programs.

29         1.  The practice pattern identification program shall

30  evaluate practitioner prescribing patterns based on national

31  and regional practice guidelines, comparing practitioners to


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 1  their peer groups. The agency and its Drug Utilization Review

 2  Board shall consult with the Department of Health and a panel

 3  of practicing health care professionals consisting of the

 4  following: the Speaker of the House of Representatives and the

 5  President of the Senate shall each appoint three physicians

 6  licensed under chapter 458 or chapter 459; and the Governor

 7  shall appoint two pharmacists licensed under chapter 465 and

 8  one dentist licensed under chapter 466 who is an oral surgeon.

 9  Terms of the panel members shall expire at the discretion of

10  the appointing official. The panel shall begin its work by

11  August 1, 1999, regardless of the number of appointments made

12  by that date. The advisory panel shall be responsible for

13  evaluating treatment guidelines and recommending ways to

14  incorporate their use in the practice pattern identification

15  program. Practitioners who are prescribing inappropriately or

16  inefficiently, as determined by the agency, may have their

17  prescribing of certain drugs subject to prior authorization or

18  may be terminated from all participation in the Medicaid

19  program.

20         2.  The agency shall also develop educational

21  interventions designed to promote the proper use of

22  medications by providers and beneficiaries.

23         3.  The agency shall implement a pharmacy fraud, waste,

24  and abuse initiative that may include a surety bond or letter

25  of credit requirement for participating pharmacies, enhanced

26  provider auditing practices, the use of additional fraud and

27  abuse software, recipient management programs for

28  beneficiaries inappropriately using their benefits, and other

29  steps that will eliminate provider and recipient fraud, waste,

30  and abuse. The initiative shall address enforcement efforts to

31  reduce the number and use of counterfeit prescriptions.


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 1         4.  By September 30, 2002, the agency shall contract

 2  with an entity in the state to implement a wireless handheld

 3  clinical pharmacology drug information database for

 4  practitioners. The initiative shall be designed to enhance the

 5  agency's efforts to reduce fraud, abuse, and errors in the

 6  prescription drug benefit program and to otherwise further the

 7  intent of this paragraph.

 8         5.  The agency may apply for any federal waivers needed

 9  to implement this paragraph.

10         (41)  The agency shall provide for the development of a

11  demonstration project by establishment in Miami-Dade County of

12  a long-term-care facility licensed pursuant to chapter 395 to

13  improve access to health care for a predominantly minority,

14  medically underserved, and medically complex population and to

15  evaluate alternatives to nursing home care and general acute

16  care for such population. Such project is to be located in a

17  health care condominium and colocated with licensed facilities

18  providing a continuum of care. The establishment of this

19  project is not subject to the provisions of s. 408.036 or s.

20  408.039. The agency shall report its findings to the Governor,

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

22  Representatives by January 1, 2003.

23         (49)  The agency shall contract with established

24  minority physician networks that provide services to

25  historically underserved minority patients. The networks must

26  provide cost-effective Medicaid services, comply with the

27  requirements to be a MediPass provider, and provide their

28  primary care physicians with access to data and other

29  management tools necessary to assist them in ensuring the

30  appropriate use of services, including inpatient hospital

31  services and pharmaceuticals.


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 1         (d)  The agency may apply for any federal waivers

 2  needed to implement this subsection paragraph.

 3  

 4         Reviser's note.--Paragraphs (4)(a) and (16)(b)

 5         and subsection (41) are amended to delete

 6         provisions that have served their purpose.

 7         Paragraph (49)(d) is amended to conform to the

 8         context of the reference.

 9  

10         Section 71.  Subsection (3) of section 420.504, Florida

11  Statutes, is amended to read:

12         420.504  Public corporation; creation, membership,

13  terms, expenses.--

14         (3)  The corporation is a separate budget entity and is

15  not subject to control, supervision, or direction by the

16  Department of Community Affairs in any manner, including, but

17  not limited to, personnel, purchasing, transactions involving

18  real or personal property, and budgetary matters. The

19  corporation shall consist of a board of directors composed of

20  the Secretary of Community Affairs as an ex officio and voting

21  member and eight members appointed by the Governor subject to

22  confirmation by the Senate from the following:

23         (a)  One citizen actively engaged in the residential

24  home building industry.

25         (b)  One citizen actively engaged in the banking or

26  mortgage banking industry.

27         (c)  One citizen who is a representative of those areas

28  of labor engaged in home building.

29         (d)  One citizen with experience in housing development

30  who is an advocate for low-income persons.

31  


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 1         (e)  One citizen actively engaged in the commercial

 2  building industry.

 3         (f)  One citizen who is a former local government

 4  elected official.

 5         (g)  Two citizens of the state who are not principally

 6  employed as members or representatives of any of the groups

 7  specified in paragraphs (a)-(f).

 8  

 9  The changes in membership categories required by this act

10  shall be effective when the term of one citizen member expires

11  in 1998.

12  

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

14         that has served its purpose.

15  

16         Section 72.  Paragraph (g) of subsection (2) of section

17  430.04, Florida Statutes, is reenacted to read:

18         430.04  Duties and responsibilities of the Department

19  of Elderly Affairs.--The Department of Elderly Affairs shall:

20         (2)  Be responsible for ensuring that each area agency

21  on aging operates in a manner to ensure that the elderly of

22  this state receive the best services possible.  The department

23  shall rescind designation of an area agency on aging or take

24  intermediate measures against the agency, including corrective

25  action, unannounced special monitoring, temporary assumption

26  of operation of one or more programs by the department,

27  placement on probationary status, imposing a moratorium on

28  agency action, imposing financial penalties for

29  nonperformance, or other administrative action pursuant to

30  chapter 120, if the department finds that:

31  


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 1         (g)  The agency has failed to implement and maintain a

 2  department-approved client grievance resolution procedure.

 3  

 4         Reviser's note.--Section 4, ch. 2004-386, Laws

 5         of Florida, amended subsection (2), including

 6         insertion of a new paragraph (f), without

 7         publishing existing paragraph (f). Absent

 8         affirmative evidence of legislative intent to

 9         repeal existing paragraph (f), it is reenacted

10         here, redesignated as paragraph (g), to confirm

11         that the omission was not intended.

12  

13         Section 73.  Paragraph (b) of subsection (6) of section

14  430.205, Florida Statutes, is amended to read:

15         430.205  Community care service system.--

16         (6)  Notwithstanding other requirements of this

17  chapter, the Department of Elderly Affairs and the Agency for

18  Health Care Administration shall develop an integrated

19  long-term-care delivery system.

20         (b)  During the 2004-2005 state fiscal year:

21         1.  The agency, in consultation with the department,

22  shall develop an implementation plan to integrate the Frail

23  Elder Option into the Nursing Home Diversion pilot project and

24  each program's funds into one capitated program serving the

25  aged. Beginning July 1, 2004, the agency may not enroll

26  additional individuals in the Frail Elder Option.

27         2.  The agency, in consultation with the department,

28  shall integrate the Aged and Disabled Adult Medicaid waiver

29  program and the Assisted Living for the Elderly Medicaid

30  waiver program and each program's funds into one

31  fee-for-service Medicaid waiver program serving the aged and


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 1  disabled. Once the programs are integrated, funding to provide

 2  care in assisted-living facilities under the new waiver may

 3  not be less than the amount appropriated in the 2003-2004

 4  fiscal year for the Assisted Living for the Elderly Medicaid

 5  waiver.

 6         a.  The agency shall seek federal waivers necessary to

 7  integrate these waiver programs.

 8         b.  The agency and the department shall reimburse

 9  providers for case management services on a capitated basis

10  and develop uniform standards for case management in this

11  fee-for-service Medicaid waiver program. The coordination of

12  acute and chronic medical services for individuals shall be

13  included in the capitated rate for case management services.

14         c.  The agency and the department shall adopt any rules

15  necessary to comply with or administer these requirements,

16  effect and implement interagency agreements between the

17  department and the agency, and comply with federal

18  requirements.

19         3.  The Legislature finds that preservation of the

20  historic aging network of lead agencies is essential to the

21  well-being of Florida's elderly population. The Legislature

22  finds that the Florida aging network constitutes a system of

23  essential community providers which should be nurtured and

24  assisted to develop systems of operations which allow the

25  gradual assumption of responsibility and financial risk for

26  managing a client through the entire continuum of long-term

27  care services within the area the lead agency is currently

28  serving, and which allow lead agency providers to develop

29  managed systems of service delivery. The department, in

30  consultation with the agency, shall therefore:

31  


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 1         a.  Develop a demonstration project in which existing

 2  community care for the elderly lead agencies are assisted in

 3  transferring their business model and the service delivery

 4  system within their current community care service area to

 5  enable assumption, over a period of time, of full risk as a

 6  community diversion pilot project contractor providing

 7  long-term care services in the areas of operation. The

 8  department, in consultation with the agency and the Department

 9  of Children and Family Services, shall develop an

10  implementation plan for no more than three lead agencies by

11  October 31, 2004.

12         b.  In the demonstration area, a community care for the

13  elderly lead agency shall be initially reimbursed on a prepaid

14  or fixed-sum basis for services provided under the newly

15  integrated fee-for-service Medicaid waiver. By the end of the

16  third year of operation, the demonstration project shall

17  include all services under the long-term care community

18  diversion pilot project.

19         c.  During the first year of operation, the department,

20  in consultation with the agency, may place providers at risk

21  to provide nursing home services for the enrolled individuals

22  who are participating in the demonstration project. During the

23  3-year development period, the agency and the department may

24  limit the level of custodial nursing home risk that the

25  administering entities assume. Under risk-sharing

26  arrangements, during the first 3 years of operation, the

27  department, in consultation with the agency, may reimburse the

28  administering entity for the cost of providing nursing home

29  care for Medicaid-eligible participants who have been

30  permanently placed and remain in a nursing home for more than

31  


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 1  1 year, or may disenroll such participants from the

 2  demonstration project.

 3         d.  The agency, in consultation with the department,

 4  shall develop reimbursement rates based on the historical cost

 5  experience of the state in providing long-term care and

 6  nursing home services under Medicaid waiver programs to the

 7  population 65 years of age and older in the area served by the

 8  pilot project.

 9         e.  The department, in consultation with the agency,

10  shall ensure that the entity or entities receiving prepaid or

11  fixed-sum reimbursement are assisted in developing internal

12  management and financial control systems necessary to manage

13  the risk associated with providing services under a prepaid or

14  fixed-sum rate system.

15         f.  If the department and the agency share risk of

16  custodial nursing home placement, payment rates during the

17  first 3 years of operation shall be set at not more than 100

18  percent of the costs to the agency and the department of

19  providing equivalent services to the population within the

20  area of the pilot project for the year prior to the year in

21  which the pilot project is implemented, adjusted forward to

22  account for inflation and policy changes in the Medicaid

23  program. In subsequent years, the rate shall be negotiated,

24  based on the cost experience of the entity in providing

25  contracted services, but may not exceed 95 percent of the

26  amount that would have been paid in the pilot project area

27  absent the prepaid or fixed sum reimbursement methodology.

28         g.  Community care for the elderly lead agencies that

29  have operated for a period of at least 20 years, which provide

30  Medicare-certified services to elders, and which have

31  developed a system of service provision by health care


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 1  volunteers shall be given priority in the selection of the

 2  pilot project if they meet the minimum requirements specified

 3  in the competitive procurement.

 4         h.  The agency and the department shall adopt rules

 5  necessary to comply with or administer these requirements,

 6  effect and implement interagency agreements between the agency

 7  and the department, and comply with federal requirements.

 8         i.  The department and the agency shall seek federal

 9  waivers necessary to implement the requirements of this

10  section.

11         j.  The Department of Elderly Affairs shall conduct or

12  contract for an evaluation of the demonstration project. The

13  department shall submit the evaluation to the Governor and the

14  Legislature by January 1, 2007. The evaluation must address

15  the effectiveness of the pilot project in providing a

16  comprehensive system of appropriate and high-quality,

17  long-term care services to elders in the least restrictive

18  setting and make recommendations on expanding the project to

19  other parts of the state.

20         4.  The department, in consultation with the agency,

21  shall study the integration of the database systems for the

22  Comprehensive Assessment and Review of Long-Term Care (CARES)

23  program and the Client Information and Referral Tracking

24  System (CIRTS) and develop a plan for database integration.

25  The department shall submit the plan to the Governor, the

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

27  Representatives by December 31, 2004.

28         5.  The agency, in consultation with the department,

29  shall work with the fiscal agent for the Medicaid program to

30  develop a service utilization reporting system that operates

31  through the fiscal agent for the capitated plans.


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

 2         facilitate correct interpretation.

 3  

 4         Section 74.  Subsection (6) of section 440.05, Florida

 5  Statutes, is amended to read:

 6         440.05  Election of exemption; revocation of election;

 7  notice; certification.--

 8         (6)  A construction industry certificate of election to

 9  be exempt which is issued in accordance with this section

10  shall be valid for 2 years after the effective date stated

11  thereon. Both the effective date and the expiration date must

12  be listed on the face of the certificate by the department.

13  The construction industry certificate must expire at midnight,

14  2 years from its issue date, as noted on the face of the

15  exemption certificate. Any person who has received from the

16  department a construction industry certificate of election to

17  be exempt which is in effect on December 31, 1998, shall file

18  a new notice of election to be exempt by the last day in his

19  or her birth month following December 1, 1998. A construction

20  industry certificate of election to be exempt may be revoked

21  before its expiration by the officer for whom it was issued or

22  by the department for the reasons stated in this section.  At

23  least 60 days prior to the expiration date of a construction

24  industry certificate of exemption issued after December 1,

25  1998, the department shall send notice of the expiration date

26  and an application for renewal to the certificateholder at the

27  address on the certificate.

28  

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

30         that has served its purpose.

31  


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 1         Section 75.  Paragraph (a) of subsection (6) of section

 2  440.491, Florida Statutes, is amended to read:

 3         440.491  Reemployment of injured workers;

 4  rehabilitation.--

 5         (6)  TRAINING AND EDUCATION.--

 6         (a)  Upon referral of an injured employee by the

 7  carrier, or upon the request of an injured employee, the

 8  department shall conduct a training and education screening to

 9  determine whether it should refer the employee for a

10  vocational evaluation and, if appropriate, approve training

11  and education or other vocational services for the employee.

12  The department may not approve formal training and education

13  programs unless it determines, after consideration of the

14  reemployment assessment, pertinent reemployment status reviews

15  or reports, and such other relevant factors as it prescribes

16  by rule, that the reemployment plan is likely to result in

17  return to suitable gainful employment. The department is

18  authorized to expend moneys from the Workers' Compensation

19  Administration Trust Fund, established by s. 440.50, to secure

20  appropriate training and education at a community college as

21  designated in s. 1000.21(3) or at a career center

22  vocational-technical school established under s. 1001.44, or

23  to secure other vocational services when necessary to satisfy

24  the recommendation of a vocational evaluator. As used in this

25  paragraph, "appropriate training and education" includes

26  securing a general education diploma (GED), if necessary. The

27  department shall establish training and education standards

28  pertaining to employee eligibility, course curricula and

29  duration, and associated costs.

30  

31  


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

 2         substitution of the term "career center" for

 3         "vocational-technical school" throughout

 4         statutory material relating to the subject by

 5         ch. 2004-357, Laws of Florida. Also amended to

 6         conform to the terminology used in s. 1001.44.

 7  

 8         Section 76.  Section 440.591, Florida Statutes, is

 9  amended to read:

10         440.591  Administrative procedure; rulemaking

11  authority.--The department, the Financial Services Commission,

12  the agency, and the Department of Education may adopt rules

13  pursuant to ss. 120.536(1) and 120.54 to implement the

14  provisions of this chapter conferring duties upon them it.

15  

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

17         facilitate correct interpretation.

18  

19         Section 77.  Paragraph (a) of subsection (5) of section

20  443.191, Florida Statutes, is amended to read:

21         443.191  Unemployment Compensation Trust Fund;

22  establishment and control.--

23         (5)  MONEY CREDITED UNDER 42 U.S.C. S. 1103.--

24         (a)  Money credited to this state's account in the

25  federal Unemployment Compensation Trust Fund by the Secretary

26  of the Treasury of the United States under 42 U.S.C. s. 1103

27  may not be requisitioned from this state's account or used

28  except for the payment of benefits and for the payment of

29  expenses incurred for the administration of this chapter.

30  These moneys may be requisitioned under subsection (3) for the

31  payment of benefits. These moneys may also be requisitioned


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 1  and used for the payment of expenses incurred for the

 2  administration of this chapter, but only under a specific

 3  appropriation by the Legislature and only if the expenses are

 4  incurred and the money is requisitioned after the enactment of

 5  an appropriations law that:

 6         1.  Specifies the purposes for which the money is

 7  appropriated and the amounts appropriated;

 8         2.  Limits the period within which the money may be

 9  obligated to a period ending not more than 2 years after the

10  date of the enactment of the appropriations law; and

11         3.  Limits the amount that may be obligated during any

12  12-month period beginning on July 1 and ending on the next

13  June 30 to an amount that does not exceed the amount by which

14  the aggregate of the amounts credited to the state's account

15  under 42 U.S.C. s. 1103 during the same 12-month period and

16  the 34 preceding 12-month periods exceeds the aggregate of the

17  amounts obligated for administration and paid out for benefits

18  and charged against the amounts credited to the state's

19  account during those 35 12-month periods.

20  

21  Notwithstanding this paragraph, money credited for federal

22  fiscal years 1999, 2000, and 2001 may only be used solely for

23  the administration of the Unemployment Compensation Program.

24  This money is not otherwise subject to this paragraph when

25  appropriated by the Legislature.

26  

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

28         that has served its purpose.

29  

30  

31  


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 1         Section 78.  Subsection (5) and paragraph (b) of

 2  subsection (6) of section 445.003, Florida Statutes, are

 3  repealed.

 4  

 5         Reviser's note.--Subsection (5), which required

 6         the former Department of Labor and Employment

 7         Security to phase-down Job Training Partnership

 8         Act duties before the July 1, 2000, abolishment

 9         of the federal program, and to complete related

10         outstanding accounts and issues by July 1, 2002

11         (transfer to Agency for Workforce Innovation),

12         is obsolete. Paragraph (6)(b), which required

13         the Office of Program Policy Analysis and

14         Government Accountability to review the

15         workforce development system and submit a final

16         report by December 31, 2002, has served its

17         purpose.

18  

19         Section 79.  Subsection (3) and paragraph (b) of

20  subsection (9) of section 445.009, Florida Statutes, are

21  amended to read:

22         445.009  One-stop delivery system.--

23         (3)  Notwithstanding any other provision of law, any

24  memorandum of understanding in effect on June 30, 2000,

25  between a regional workforce board and the Department of Labor

26  and Employment Security governing the delivery of workforce

27  services shall remain in effect until September 30, 2000.

28  Beginning October 1, 2000, regional workforce boards shall

29  enter into a memorandum of understanding with the Agency for

30  Workforce Innovation for the delivery of employment services

31  


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 1  authorized by the federal Wagner-Peyser Act. This memorandum

 2  of understanding must be performance based.

 3         (a)  Unless otherwise required by federal law, at least

 4  90 percent of the Wagner-Peyser funding must go into direct

 5  customer service costs.

 6         (b)  Employment services must be provided through the

 7  one-stop delivery system, under the guidance of one-stop

 8  delivery system operators. One-stop delivery system operators

 9  shall have overall authority for directing the staff of the

10  workforce system. Personnel matters shall remain under the

11  ultimate authority of the Agency for Workforce Innovation.

12  However, the one-stop delivery system operator shall submit to

13  the agency information concerning the job performance of

14  agency employees who deliver employment services. The agency

15  shall consider any such information submitted by the one-stop

16  delivery system operator in conducting performance appraisals

17  of the employees.

18         (c)  The agency shall retain fiscal responsibility and

19  accountability for the administration of funds allocated to

20  the state under the Wagner-Peyser Act. An agency employee who

21  is providing services authorized under the Wagner-Peyser Act

22  shall be paid using Wagner-Peyser Act funds.

23         (d)  The Office of Program Policy Analysis and

24  Government Accountability, in consultation with Workforce

25  Florida, Inc., shall review the delivery of employment

26  services under the Wagner-Peyser Act and the integration of

27  those services with other activities performed through the

28  one-stop delivery system and shall provide recommendations to

29  the Legislature for improving the effectiveness of the

30  delivery of employment services in this state. The Office of

31  Program Policy Analysis and Government Accountability shall


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 1  submit a report and recommendations to the Governor, the

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

 3  Representatives by December 31, 2002.

 4         (9)

 5         (b)  The network shall assure that a uniform method is

 6  used to determine eligibility for and management of services

 7  provided by agencies that conduct workforce development

 8  activities.  The Department of Management Services shall

 9  develop strategies to allow access to the databases and

10  information management systems of the following systems in

11  order to link information in those databases with the one-stop

12  delivery system:

13         1.  The Unemployment Compensation Program of the Agency

14  for Workforce Innovation.

15         2.  The public employment service described in s.

16  443.181.

17         3.  The FLORIDA System and the components related to

18  WAGES, food stamps, and Medicaid eligibility.

19         4.  The Workers' Compensation System of the Department

20  of Labor and Employment Security.

21         4.5.  The Student Financial Assistance System of the

22  Department of Education.

23         5.6.  Enrollment in the public postsecondary education

24  system.

25         6.7.  Other information systems determined appropriate

26  by Workforce Florida, Inc.

27  

28  The systems shall be fully coordinated at both the state and

29  local levels by July 1, 2001.

30  

31  


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 1         Reviser's note.--Amended to delete provisions

 2         that are obsolete or have served their purpose.

 3         Subparagraph (9)(b)4. is deleted to remove a

 4         reference to an information management system

 5         of the Department of Labor and Employment

 6         Security; the system was not implemented, and

 7         the department was abolished by s. 69, ch.

 8         2002-194, Laws of Florida.

 9  

10         Section 80.  Section 446.051, Florida Statutes, is

11  reenacted to read:

12         446.051  Related instruction for apprentices.--

13         (1)  The administration and supervision of related and

14  supplemental instruction for apprentices, coordination of such

15  instruction with job experiences, and selection and training

16  of teachers and coordinators for such instruction, all as

17  approved by the registered program sponsor, shall be the

18  responsibility of the appropriate career education

19  institution.

20         (2)  The appropriate career education institution shall

21  be encouraged to cooperate with and assist in providing to any

22  registered program sponsor facilities, equipment and supplies,

23  and instructors' salaries for the performance of related and

24  supplemental instruction associated with the registered

25  program.

26  

27         Reviser's note.--Reenacted to confirm the

28         substitution of the term "career education" for

29         "vocational education" to conform to that

30         substitution throughout statutory material

31  


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 1         relating to the subject by ch. 2004-357, Laws

 2         of Florida.

 3  

 4         Section 81.  Paragraph (a) of subsection (1) and

 5  subsection (2) of section 450.081, Florida Statutes, are

 6  reenacted to read:

 7         450.081  Hours of work in certain occupations.--

 8         (1)(a)  Minors 15 years of age or younger shall not be

 9  employed, permitted, or suffered to work before 7 a.m. or

10  after 7 p.m. when school is scheduled the following day or for

11  more than 15 hours in any one week.  On any school day, minors

12  15 years of age or younger who are not enrolled in a career

13  education program shall not be gainfully employed for more

14  than 3 hours, unless there is no session of school the

15  following day.

16         (2)  Minors 16 and 17 years of age shall not be

17  employed, permitted, or suffered to work before 6:30 a.m. or

18  after 11:00 p.m. or for more than 8 hours in any one day when

19  school is scheduled the following day. When school is in

20  session, minors 16 and 17 years of age shall not work more

21  than 30 hours in any one week.  On any school day, minors 16

22  and 17 years of age who are not enrolled in a career education

23  program shall not be gainfully employed during school hours.

24  

25         Reviser's note.--Reenacted to confirm the

26         substitution of the term "career education" for

27         "vocational education" to conform to that

28         substitution throughout statutory material

29         relating to the subject by ch. 2004-357, Laws

30         of Florida.

31  


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 1         Section 82.  Subsection (2) of section 455.2177,

 2  Florida Statutes, is amended to read:

 3         455.2177  Monitoring of compliance with continuing

 4  education requirements.--

 5         (2)  The department may refuse renewal of a licensee's

 6  license until the licensee has satisfied all applicable

 7  continuing education requirements. This subsection does not

 8  preclude the department or boards from imposing additional

 9  penalties pursuant to the applicable practice act or rules

10  adopted pursuant thereto.

11  

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

13         correct sentence construction.

14  

15         Section 83.  Paragraph (c) of subsection (14) of

16  section 455.32, Florida Statutes, is amended to read:

17         455.32  Management Privatization Act.--

18         (14)  The contract between the department and the

19  corporation must be in compliance with this section and other

20  applicable laws. The department shall retain responsibility

21  for any duties it currently exercises relating to its police

22  powers and any other current duty that is not provided to the

23  corporation by contract or this section. The contract shall

24  provide, at a minimum, that:

25         (c)  The corporation submit an annual budget for

26  approval by the department. If the department's appropriations

27  request differs from the budget submitted by the corporation,

28  the relevant professional board shall be permitted to

29  authorize the inclusion in the appropriations request of a

30  comment or statement of disagreement with the department's

31  request.


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

 2         correct sentence construction.

 3  

 4         Section 84.  Subsection (2) of section 475.615, Florida

 5  Statutes, is amended to read:

 6         475.615  Qualifications for registration, licensure, or

 7  certification.--

 8         (2)  The board is authorized to waive or modify any

 9  education, experience, or examination requirements established

10  in this part section in order to conform with any such

11  requirements established by the Appraisal Qualifications Board

12  of the Appraisal Foundation and recognized by the Appraisal

13  Subcommittee or any successor body recognized by federal law.

14  

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

16         facilitate correct interpretation. Section 9,

17         ch. 91-89, Laws of Florida, created part II,

18         ch. 475, Florida Statutes, regulating

19         appraisers, including the reference to "this

20         section." Education, experience, and

21         examination requirements were created by s. 9,

22         ch. 91-89, and are located in ss. 475.616 and

23         475.617.

24  

25         Section 85.  Section 489.146, Florida Statutes, is

26  amended to read:

27         489.146  Privatization of services.--Notwithstanding

28  any other provision of this part relating to the review of

29  licensure applications, issuance of licenses and renewals,

30  collection of revenues, fees, and fines, service of documents,

31  publications, and printing, and other ministerial functions of


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 1  the department relating to the regulation of contractors, the

 2  department shall make all reasonable efforts to contract with

 3  one or more private entities for provision of such services,

 4  when such services can be provided in a more efficient manner

 5  by private entities. The department or the board shall retain

 6  final authority for licensure decisions and rulemaking,

 7  including all appeals or other legal action resulting from

 8  such licensure decisions or rulemaking. The department and the

 9  board shall adopt rules to implement the provisions of this

10  section. The department shall report all progress and the

11  status of privatization and privatization efforts to the

12  Legislature by March 1, 1998.

13  

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

15         that has served its purpose.

16  

17         Section 86.  Subsection (4) of section 489.531, Florida

18  Statutes, is reenacted to read:

19         489.531  Prohibitions; penalties.--

20         (4)  Each county or municipality may, at its option,

21  designate one or more of its code enforcement officers, as

22  defined in chapter 162, to enforce, as set out in this

23  subsection, the provisions of subsection (1) against persons

24  who engage in activity for which county or municipal

25  certification is required.

26         (a)  A code enforcement officer designated pursuant to

27  this subsection may issue a citation for any violation of

28  subsection (1) whenever, based upon personal investigation,

29  the code enforcement officer has reasonable and probable

30  grounds to believe that such a violation has occurred.

31  


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 1         (b)  A citation issued by a code enforcement officer

 2  shall be in a form prescribed by the local governing body of

 3  the county or municipality and shall state:

 4         1.  The time and date of issuance.

 5         2.  The name and address of the person to whom the

 6  citation is issued.

 7         3.  The time and date of the violation.

 8         4.  A brief description of the violation and the facts

 9  constituting reasonable cause.

10         5.  The name of the code enforcement officer.

11         6.  The procedure for the person to follow in order to

12  pay the civil penalty or to contest the citation.

13         7.  The applicable civil penalty if the person elects

14  not to contest the citation.

15         (c)  The local governing body of the county or

16  municipality is authorized to enforce codes and ordinances

17  against unlicensed contractors under the provisions of this

18  section and may enact an ordinance establishing procedures for

19  implementing this section, including a schedule of penalties

20  to be assessed by the code enforcement officers.  The maximum

21  civil penalty which may be levied shall not exceed $500.

22  Moneys collected pursuant to this section shall be retained

23  locally as provided for by local ordinance and may be set

24  aside in a specific fund to support future enforcement

25  activities against unlicensed contractors.

26         (d)  The act for which the citation is issued shall be

27  ceased upon receipt of the citation; and the person charged

28  with the violation shall elect either to correct the violation

29  and pay the civil penalty in the manner indicated on the

30  citation or, within 10 days of receipt of the citation,

31  exclusive of weekends and legal holidays, request an


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 1  administrative hearing before the enforcement or licensing

 2  board or designated special magistrate to appeal the issuance

 3  of the citation by the code enforcement officer.

 4         1.  Hearings shall be held before an enforcement or

 5  licensing board or designated special magistrate as

 6  established by s. 162.03(2), and such hearings shall be

 7  conducted pursuant to ss. 162.07 and 162.08.

 8         2.  Failure of a violator to appeal the decision of the

 9  code enforcement officer within the time period set forth in

10  this paragraph shall constitute a waiver of the violator's

11  right to an administrative hearing.  A waiver of the right to

12  administrative hearing shall be deemed an admission of the

13  violation and, penalties may be imposed accordingly.

14         3.  If the person issued the citation, or his or her

15  designated representative, shows that the citation is invalid

16  or that the violation has been corrected prior to appearing

17  before the enforcement or licensing board or designated

18  special magistrate, the enforcement or licensing board or

19  designated special magistrate shall dismiss the citation

20  unless the violation is irreparable or irreversible.

21         4.  Each day a willful, knowing violation continues

22  shall constitute a separate offense under the provisions of

23  this subsection.

24         (e)  A person cited for a violation pursuant to this

25  subsection is deemed to be charged with a noncriminal

26  infraction.

27         (f)  If the enforcement or licensing board or

28  designated special magistrate finds that a violation exists,

29  the enforcement or licensing board or designated special

30  magistrate may order the violator to pay a civil penalty of

31  not less than the amount set forth on the citation but not


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 1  more than $500 per day for each violation.  In determining the

 2  amount of the penalty, the enforcement or licensing board or

 3  designated special magistrate shall consider the following

 4  factors:

 5         1.  The gravity of the violation.

 6         2.  Any actions taken by the violator to correct the

 7  violation.

 8         3.  Any previous violations committed by the violator.

 9         (g)  Upon written notification by the code enforcement

10  officer that a violator had not contested the citation or paid

11  the civil penalty within the timeframe allowed on the

12  citation, or if a violation has not been corrected within the

13  timeframe set forth on the notice of violation, the

14  enforcement or licensing board or the designated special

15  magistrate shall enter an order ordering the violator to pay

16  the civil penalty set forth on the citation or notice of

17  violation, and a hearing shall not be necessary for the

18  issuance of such order.

19         (h)  A certified copy of an order imposing a civil

20  penalty against an uncertified contractor may be recorded in

21  the public records and thereafter shall constitute a lien

22  against any real or personal property owned by the violator.

23  Upon petition to the circuit court, such order may be enforced

24  in the same manner as a court judgment by the sheriffs of this

25  state, including a levy against personal property; however,

26  such order shall not be deemed to be a court judgment except

27  for enforcement purposes.  A civil penalty imposed pursuant to

28  this part shall continue to accrue until the violator comes

29  into compliance or until judgment is rendered in a suit to

30  foreclose on a lien filed pursuant to this section, whichever

31  occurs first.  After 3 months from the filing of any such lien


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 1  which remains unpaid, the enforcement or licensing board or

 2  designated special magistrate may authorize the local

 3  governing body's attorney to foreclose on the lien.  No lien

 4  created pursuant to the provisions of this part may be

 5  foreclosed on real property which is a homestead under s. 4,

 6  Art. X of the State Constitution.

 7         (i)  This subsection does not authorize or permit a

 8  code enforcement officer to perform any function or duty of a

 9  law enforcement officer other than a function or duty that is

10  authorized in this subsection.

11         (j)  An aggrieved party, including the local governing

12  body, may appeal a final administrative order of an

13  enforcement or licensing board or designated special

14  magistrate to the circuit court. Such an appeal shall not be a

15  hearing de novo but shall be limited to appellate review of

16  the record created before the enforcement or licensing board

17  or designated special magistrate.  An appeal shall be filed

18  within 30 days of the execution of the order to be appealed.

19         (k)  All notices required by this subsection shall be

20  provided to the alleged violator by certified mail, return

21  receipt requested; by hand delivery by the sheriff or other

22  law enforcement officer or code enforcement officer; by

23  leaving the notice at the violator's usual place of residence

24  with some person of his or her family above 15 years of age

25  and informing such person of the contents of the notice; or by

26  including a hearing date within the citation.

27         (l)  For those counties which enact ordinances to

28  implement this subsection and which have local construction

29  licensing boards or local government code enforcement boards,

30  the local construction licensing board or local government

31  code enforcement board shall be responsible for the


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 1  administration of such citation program and training of code

 2  enforcement officers.  The local governing body of the county

 3  shall enter into interlocal agreements with any municipalities

 4  in the county so that such municipalities may by ordinance,

 5  resolution, policy, or administrative order, authorize

 6  individuals to enforce the provisions of this section. Such

 7  individuals shall be subject to the requirements of training

 8  as specified by the local construction licensing board.

 9         (m)  Any person who willfully refuses to sign and

10  accept a citation issued by a code enforcement officer commits

11  a misdemeanor of the second degree, punishable as provided in

12  s. 775.082 or s. 775.083.

13         (n)  Nothing contained in this section shall prohibit a

14  county or municipality from enforcing its codes or ordinances

15  by any other means.

16         (o)  Nothing in this subsection shall be construed to

17  authorize local jurisdictions to exercise disciplinary

18  authority or procedures established in this subsection against

19  an individual holding a proper valid certificate issued

20  pursuant to this part.

21  

22         Reviser's note.--Section 87, ch. 2004-11, Laws

23         of Florida, amended portions of subsection (4)

24         without publishing the introductory paragraph

25         of the subsection. Absent affirmative evidence

26         of legislative intent to repeal it, the

27         introductory paragraph of subsection (4) is

28         reenacted to confirm that the omission was not

29         intended.

30  

31  


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 1         Section 87.  Effective October 1, 2005, paragraph (c)

 2  of subsection (4) of section 497.103, Florida Statutes, as

 3  amended by section 8 of chapter 2004-301, Laws of Florida, is

 4  amended to read:

 5         497.103  Rulemaking authority of board and

 6  department.--

 7         (4)  RECOMMENDATIONS BY THE CHIEF FINANCIAL OFFICER.--

 8         (c)  If the Chief Financial Officer makes any

 9  recommendation pursuant to this subsection concerning approval

10  or denial of an application for license or otherwise under

11  this chapter, the running of the period under s. 120.60 for

12  approving or denying a completed application shall be tolled

13  from the date of the Chief Financial Officer's recommendation

14  is made for the shorter of 90 days or until the effect of such

15  recommendation is determined in accordance with paragraph (a).

16  

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

18         correct sentence construction.

19  

20         Section 88.  Effective October 1, 2005, paragraph (b)

21  of subsection (6) and subsection (7) of section 497.140,

22  Florida Statutes, as amended and renumbered from section

23  497.525, Florida Statutes, by section 10 of chapter 2004-301,

24  Laws of Florida, are amended to read:

25         497.140  Fees.--

26         (6)

27         (b)  The board may with the concurrence of the

28  department, if that portion of the Regulatory Trust Fund held

29  by the department for implementation of this chapter is not in

30  deficit and has a reasonable cash balance, earmark $5 of each

31  initial licensure and each license renewal fee collected under


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 1  this chapter and direct the deposit of each such amount into

 2  the separate account required in paragraph (a), to be utilized

 3  by the department for the purposes of combating unlicensed

 4  practice in violation of this chapter. Such earmarked amount

 5  may be, as the board directs, in lieu of or in addition to the

 6  special unlicensed activity fee imposed under paragraph (a).

 7  The earmarking may be imposed and thereafter eliminated from

 8  time to time according to the adequacy of trust funds held for

 9  implementation of this chapter.

10         (7)  Any fee required to be paid under this chapter,

11  which was set at a fixed amount as in the 2004 edition of the

12  Florida Statutes, but as to which this chapter now provides to

13  be a fee as determined by board rule subject to a cap

14  specified in this chapter, shall remain at the amount as set

15  in the 2004 edition of the Florida Statutes unless and until

16  the board shall change such fee by rule.

17  

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

19         correct sentence construction.

20  

21         Section 89.  Effective October 1, 2005, subsection (6)

22  of section 497.150, Florida Statutes, as created by section 20

23  of chapter 2004-301, Laws of Florida, is amended to read:

24         497.150  Compliance examinations of existing

25  licensees.--

26         (6)  If the department finds any accounts or records

27  required to be made or maintained by a licensee under this

28  chapter to be inadequate or inadequately kept or posted, it

29  may be employ experts to reconstruct, rewrite, post, or

30  balance them at the expense of the person being examined,

31  provided the person has failed to maintain, complete, or


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 1  correct such records or accounting after the department has

 2  given her or him notice and a reasonable opportunity to do so.

 3  

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

 5         correct sentence construction.

 6  

 7         Section 90.  Effective October 1, 2005, paragraph (b)

 8  of subsection (7) of section 497.152, Florida Statutes, as

 9  created by section 22 of chapter 2004-301, Laws of Florida, is

10  amended to read:

11         497.152  Disciplinary grounds.--This section sets forth

12  conduct which is prohibited and which shall constitute grounds

13  for denial of any application, imposition of discipline, and

14  other enforcement action against the licensee or other person

15  committing such conduct. For purposes of this section, the

16  requirements of this chapter include the requirements of rules

17  adopted under authority of this chapter. No subsection heading

18  in this section shall be interpreted as limiting the

19  applicability of any paragraph within the subsection.

20         (7)  RELATIONS WITH OTHER LICENSEES.--

21         (b)  Making any misleading statements or

22  misrepresentations as to the financial condition of any

23  person, or which are falsely and maliciously critical of any

24  person for the purpose of damaging that person's business

25  regulated under this chapter.

26  

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

28         correct sentence construction.

29  

30         Section 91.  Effective October 1, 2005, paragraph (b)

31  of subsection (5) of section 497.153, Florida Statutes, as


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 1  created by section 23 of chapter 2004-301, Laws of Florida, is

 2  amended to read:

 3         497.153  Disciplinary procedures and penalties.--

 4         (5)  PENALTIES.--

 5         (b)  In addition to any fine and other sanction

 6  imposed, the board may order the payment by the licensee of

 7  the reasonable costs of the department and the board

 8  associated with investigation and prosecution of the matter,

 9  and may order the licensee to make restitution as directed by

10  board order to persons harmed by the violation.

11  

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

13         correct sentence construction.

14  

15         Section 92.  Effective October 1, 2005, subsection (2)

16  of section 497.160, Florida Statutes, as amended and

17  renumbered from section 497.437, Florida Statutes, by section

18  30 of chapter 2004-301, Laws of Florida, is amended to read:

19         497.160  Receivership proceedings.--

20         (2)  A receivership under this section may be

21  temporary, or for the winding up and dissolution of the

22  business, as the department may request and the court

23  determines to be necessary or advisable in the circumstances.

24  Venue of receivership proceedings may be, at the department's

25  election, in Leon County, or the county where the subject of

26  the receivership is located. The appointed receiver shall be

27  the department or such person as the department may nominate

28  and the court shall approve. The provisions of part I of

29  chapter 631 shall be applicable to receiverships under this

30  section except to the extent the court shall determine the

31  application of particular of such provisions to be


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 1  impracticable or would produce unfair results in the

 2  circumstances. Expenditures by the department from its

 3  budgeted funds, the Preneed Funeral Contract Consumer

 4  Protection Trust Fund, and other regulatory trust funds

 5  derived from this chapter, for implementation and effectuation

 6  of such a receivership, shall be authorized; any such funds

 7  expended shall be a claim against the estate in the

 8  receivership proceedings.

 9  

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

11         correct sentence construction.

12  

13         Section 93.  Effective October 1, 2005, subsection (2)

14  of section 497.166, Florida Statutes, as created by section 36

15  of chapter 2004-301, Laws of Florida, is amended to read:

16         497.166  Preneed sales.--

17         (2)  Nothing in parts I, II, III, V, or VI of this

18  chapter shall be understood to necessarily prohibit any

19  licensee under this chapter from selling preneed funerals and

20  funeral merchandise through its agents and employees, so long

21  as such sales are permitted by part IV of this chapter.

22  

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

24         correct sentence construction.

25  

26         Section 94.  Effective October 1, 2005, subsections

27  (10) and (14) of section 497.167, Florida Statutes, as created

28  by section 37 of chapter 2004-301, Laws of Florida, are

29  amended to read:

30         497.167  Administrative matters.--

31  


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 1         (10)  The board may establish by rule procedures and

 2  requirements for the appearance before the board of any

 3  applicant or principal of an applicant, to stand for oral

 4  interview by the board at a public meeting of the board,

 5  before an application shall be deemed complete. Such rule may

 6  require such appearance for all or specified categories of

 7  applicants and may provide criteria for determining when such

 8  appearance shall be required.

 9         (14)  The department shall have standing to appear as a

10  party litigant in any judicial proceeding for the purpose of

11  enforcing this chapter or for the protection of Florida

12  residents from the effects of any violation of this chapter.

13  

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

15         correct sentence construction.

16  

17         Section 95.  Effective October 1, 2005, subsection (2)

18  of section 497.260, Florida Statutes, as amended and

19  renumbered from section 497.003, Florida Statutes, by section

20  42 of chapter 2004-301, Laws of Florida, is amended to read:

21         497.260  Cemeteries; exemption; investigation and

22  mediation.--

23         (2)  Section 497.276(1) as to burial records, and ss.

24  497.152(1)(d), 497.164, 497.2765 497.310, 497.280, and 497.284

25  apply to all cemeteries in this state.

26  

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

28         redesignation of s. 497.310 as s. 497.2765 by

29         the reviser, effective October 1, 2005,

30         incident to the reorganization of chapter 497

31         by ch. 2004-301, Laws of Florida.


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 1         Section 96.  Effective October 1, 2005, subsection (5)

 2  of section 497.369, Florida Statutes, as amended and

 3  renumbered from section 470.007, Florida Statutes, by section

 4  74 of chapter 2004-301, Laws of Florida, is amended to read:

 5         497.369  Embalmers; licensure as an embalmer by

 6  endorsement; licensure of a temporary embalmer.--

 7         (5)  There may be adopted by the licensing authority

 8  rules authorizing an applicant who has met the requirements of

 9  paragraphs (1)(b) and (c) and who is awaiting an opportunity

10  to take the examination required by subsection (4) to be

11  licensed as a temporary licensed embalmer. A temporary

12  licensed temporary embalmer may work as an embalmer in a

13  licensed funeral establishment under the general supervision

14  of a licensed embalmer. Such temporary license shall expire 60

15  days after the date of the next available examination required

16  under subsection (4); however, the temporary license may be

17  renewed one time under the same conditions as initial

18  issuance. The fee for issuance or renewal of an embalmer

19  temporary license shall be set by rule of the licensing

20  authority but may not exceed $200. The fee required in this

21  subsection shall be nonrefundable and in addition to the fee

22  required in subsection (1).

23  

24         Reviser's note.--Amended to eliminate

25         redundancy.

26  

27         Section 97.  Effective October 1, 2005, paragraph (j)

28  of subsection (1), paragraph (a) of subsection (5), and

29  subsection (6) of section 497.453, Florida Statutes, as

30  amended and renumbered from section 497.407, Florida Statutes,

31  


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 1  by section 102 of chapter 2004-301, Laws of Florida, are

 2  amended to read:

 3         497.453  Application for preneed license, procedures

 4  and criteria; renewal; reports.--

 5         (1)  PRENEED LICENSE APPLICATION PROCEDURES.--

 6         (j)  The application shall disclose the existence of

 7  all preneed contracts for service or merchandise entered into

 8  by the applicant, or by any other entity under common control

 9  with the applicant, without or prior to authorization under

10  this section or predecessors to this section. As to each such

11  contract, the applicant shall disclose the name and address of

12  the contract purchaser, the status of the contract, and what

13  steps or measures the applicant has taken to ensure

14  performance of unfulfilled contracts, setting forth the

15  treatment and status of funds received from the customer in

16  regard to the contract, and stating the name and address of

17  any institution where such funds are deposited and the number

18  used by the institution to identify the account. With respect

19  to contracts entered into before January 1, 1983, an

20  application to issue or renew a preneed license may not be

21  denied solely on the basis of such disclosure. The purchaser

22  of any such contract may not be required to liquidate the

23  account if such account was established before July 1, 1965.

24  Information disclosed may be used by the licensing authority

25  to notify the contract purchaser and the institution in which

26  such funds are deposited should the holder of a preneed

27  license be unable to fulfill the requirements of the contract.

28         (5)  RENEWAL OF LICENSES.--

29         (a)  A preneed license shall expire annually on June 1,

30  unless renewed, or at such other time or times as may be

31  provided by rule. The application for renewal of the license


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 1  shall be on forms prescribed by rule and shall be accompanied

 2  by a renewal fee as specified in paragraph (c).

 3         (6)  QUARTERLY PAYMENTS.--In addition to other amounts

 4  required to be paid by this section, each preneed licensee

 5  shall pay to the Regulatory Trust Fund an amount established

 6  by rule not to exceed $10 for each preneed contract entered

 7  into. This amount must be paid within 60 days after the end of

 8  each quarter. These funds must be used to defray the cost of

 9  in administering the provisions of this part.

10  

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

12         correct sentence construction.

13  

14         Section 98.  Effective October 1, 2005, subsection (8)

15  of section 497.458, Florida Statutes, as amended and

16  renumbered from section 497.417, Florida Statutes, by section

17  107 of chapter 2004-301, Laws of Florida, is amended to read:

18         497.458  Disposition of proceeds received on

19  contracts.--

20         (8)  If in the preneed licensee's opinion it does not

21  have the ability to select the financial responsibility

22  alternative of s. 497.461 or s. 497.462, then the preneed

23  licensee license shall not have the right to sell or solicit

24  preneed contracts.

25  

26         Reviser's note.--Amended to correct an apparent

27         error and facilitate correct interpretation.

28  

29         Section 99.  Effective October 1, 2005, subsection (5)

30  of section 497.466, Florida Statutes, as amended and

31  


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 1  renumbered from section 497.439, Florida Statutes, by section

 2  115 of chapter 2004-301, Laws of Florida, is amended to read:

 3         497.466  Preneed sales agents, license required;

 4  application procedures and criteria; responsibility of preneed

 5  licensee.--

 6         (5)  SIMPLIFIED PROCEDURES FOR SUBSEQUENT CHANGE OF

 7  SPONSORING LICENSEE.--The board may by rule establish

 8  simplified requirements and procedures under which any preneed

 9  sales agent, who within the 12 months preceding application

10  under this subsection held in good standing a preneed sales

11  agent license under this section, may obtain a preneed sales

12  agent's license under this section to represent a different

13  sponsoring preneed licensee. The simplified requirements shall

14  dispense with the requirement for submission of fingerprints.

15  The licensing authority may by rule prescribe forms to be used

16  by applicants under this subsection, which forms may dispense

17  with the requirement for any information not deemed by the

18  licensing authority to be necessary to tracking the identity

19  identify of the preneed licensee responsible for the

20  activities of the preneed sales agent. No preneed sales agent

21  licensee whose sales agent license issued by the board was

22  revoked or suspended or otherwise terminated while in other

23  than good standing, shall be eligible to use the simplified

24  requirements and procedures. The issuance of a preneed sales

25  agent license under this subsection shall not operate as a bar

26  to any subsequent disciplinary action relating to grounds

27  arising prior to obtaining the license under this subsection.

28  There shall be a fee payable to the department under such

29  simplified procedures, which fee shall be the same as the fee

30  paid upon initial application for a preneed sales agent

31  


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 1  license, except that no fingerprint fee shall be required if

 2  such fingerprint fee is required for initial applications.

 3  

 4         Reviser's note.--Amended to correct an apparent

 5         error.

 6  

 7         Section 100.  Effective October 1, 2005, subsection (3)

 8  of section 497.550, Florida Statutes, as amended and

 9  renumbered from section 497.361, Florida Statutes, by section

10  118 of chapter 2004-301, Laws of Florida, is amended to read:

11         497.550  Licensure of monument establishments required;

12  procedures and criteria.--

13         (3)  ACTION CONCERNING APPLICATIONS.--A duly completed

14  application for licensure as a monument establishment,

15  accompanied by the required application fee, shall be approved

16  unless there is shown by clear and convincing evidence that

17  the applicant will not, before commencing operations, have the

18  facilities required by this part or that issuance of the

19  license would pose an unreasonable risk to the public because

20  of one or more of the following factors:

21         (a)  The applicant's lack of experience.

22         (b)  The applicant's lack of financial resources.

23         (c)  The criminal or disciplinary record of the

24  applicant or its principals.

25         (d)  A demonstrated history of violations of the laws

26  of this state by the applicant or its principals regarding the

27  funeral or cemetery business or other business activities.

28         (e)  A demonstrated history of lack of trustworthiness

29  or integrity on the part of the applicant or its principals.

30  

31  


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 1         Reviser's note.--Amended to correct sentence

 2         construction.

 3  

 4         Section 101.  Effective October 1, 2005, paragraph (b)

 5  of subsection (3) of section 497.551, Florida Statutes, as

 6  created by section 119 of chapter 2004-301, Laws of Florida,

 7  is amended to read:

 8         497.551  Renewal of monument establishment licensure.--

 9         (3)  A monument establishment licensee which as of 90

10  days prior to its monument establishment license renewal date

11  also holds a preneed sales license issued under this chapter,

12  shall renew its monument establishment license by payment of a

13  renewal fee determined by its total gross aggregate at-need

14  and preneed retail sales for the 12-month period ending 2 full

15  calendar months prior to the month in which the renewal is

16  required, as follows:

17         (b)  Total sales of $50,001 to $250,000, renewal fee

18  $1,500.

19  

20         Reviser's note.--Amended to correct an apparent

21         error.

22  

23         Section 102.  Effective October 1, 2005, subsection (1)

24  of section 497.603, Florida Statutes, as amended and

25  renumbered from section 470.018, Florida Statutes, by section

26  128 of chapter 2004-301, Laws of Florida, is amended to read:

27         497.603  Direct disposers, renewal of license.--

28         (1)  A direct disposer's renewal of license shall be

29  renewed upon receipt of the renewal application and fee set by

30  rule of the licensing authority but not to exceed $250.

31  


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

 2         correct sentence construction.

 3  

 4         Section 103.  Effective October 1, 2005, paragraph (c)

 5  of subsection (2) and subsection (6) of section 497.604,

 6  Florida Statutes, as amended and renumbered from section

 7  470.021, Florida Statutes, by section 129 of chapter 2004-301,

 8  Laws of Florida, are amended to read:

 9         497.604  Direct disposal establishments, license

10  required; licensing procedures and criteria; license renewal;

11  regulation.--

12         (2)  APPLICATION PROCEDURES.--

13         (c)  The application shall name the licensed direct

14  disposer or licensed funeral director who will be acting as a

15  direct disposer in charge of the direct disposal

16  establishment.

17         (6)  RENEWAL OF LICENSE.--A direct disposal

18  establishment license shall be renewed biennially pursuant to

19  schedule, forms, and procedures and upon payment of a fee of

20  $200. The licensing authority may from time to time increase

21  the fee by rule but not to exceed $400.

22  

23         Reviser's note.--Paragraph (2)(c) is amended to

24         correct an apparent error. Subsection (6) is

25         amended to improve clarity and facilitate

26         correct interpretation.

27  

28         Section 104.  Effective October 1, 2005, subsection (3)

29  of section 497.608, Florida Statutes, as created by section

30  133 of chapter 2004-301, Laws of Florida, is amended to read:

31  


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 1         497.608  Liability for unintentional commingling of the

 2  residue of the cremation process.--

 3         (3)  If an operator follows the procedures set forth in

 4  written procedures filed with and approved by the licensing

 5  authority, or adopts and follows the standard uniform

 6  procedures adopted by the licensing authority, the operator

 7  shall not be liable for the unintentional or the incidental

 8  commingling of cremated remains resulting from more than one

 9  cremation cycle or from postcremation processing, shipping,

10  packing, or identifying those remains.

11  

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

13         correct sentence construction and to correct an

14         apparent error.

15  

16         Section 105.  Subsection (12) of section 550.0251,

17  Florida Statutes, is amended to read:

18         550.0251  The powers and duties of the Division of

19  Pari-mutuel Wagering of the Department of Business and

20  Professional Regulation.--The division shall administer this

21  chapter and regulate the pari-mutuel industry under this

22  chapter and the rules adopted pursuant thereto, and:

23         (12)  The division shall have full authority and power

24  to make, adopt, amend, or repeal rules relating to cardroom

25  operations, to enforce and to carry out the provisions of s.

26  849.086, and to regulate the authorized cardroom activities in

27  the state.  The division is authorized to adopt emergency

28  rules prior to January 1, 1997, to implement the provisions of

29  s. 849.086.

30  

31  


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

 2         that has served its purpose.

 3  

 4         Section 106.  Subsection (19) of section 553.791,

 5  Florida Statutes, is repealed.

 6  

 7         Reviser's note.--Repealed to delete obsolete

 8         language requiring a report to the Legislature

 9         on or before January 1, 2004.

10  

11         Section 107.  Subsection (1) of section 553.8413,

12  Florida Statutes, is amended to read:

13         553.8413  Education Technical Advisory

14  Committee.--Effective upon this act becoming a law, funds that

15  are available under ss. 489.109(3) and 489.509(3) shall be

16  allocated and expended by the Florida Building Commission as

17  provided in this section.

18         (1)  Effective upon this act becoming a law, the

19  Florida Building Commission shall appoint those members of the

20  Building Construction Industry Advisory Committee on October

21  1, 2001, as established by rule 6A-10.029, Florida

22  Administrative Code, to the Education Technical Advisory

23  Committee of the Florida Building Commission to complete their

24  terms of office. Members of the Florida Building Commission

25  shall also be appointed to the Education Technical Advisory

26  Committee. The members of the committee shall broadly

27  represent the building construction industry and must consist

28  of no fewer than 10 persons. The chairperson of the Florida

29  Building Commission shall annually designate the chairperson

30  of the committee. The terms of the committee members shall be

31  


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 1  2 years each, and members may be reappointed at the discretion

 2  of the Florida Building Commission.

 3  

 4         Reviser's note.--Amended to delete an obsolete

 5         provision. The terms of office of the members

 6         of the Building Construction Industry Advisory

 7         Committee on October 1, 2001, as appointed to

 8         the Education Technical Advisory Committee of

 9         the Florida Building Commission have been

10         completed.

11  

12         Section 108.  Subsection (4) of section 556.112,

13  Florida Statutes, is repealed.

14  

15         Reviser's note.--Repealed to delete obsolete

16         language requiring a report to the Legislature

17         before January 1, 2004.

18  

19         Section 109.  Subsection (2) of section 558.002,

20  Florida Statutes, is amended to read:

21         558.002  Definitions.--As used in this chapter, the

22  term:

23         (2)  "Association" has the same meaning as in s.

24  718.103(2), s. 719.103(2), s. 720.301(9), or s. 723.075

25  723.025.

26  

27         Reviser's note.--Amended to conform to context.

28         Section 723.075 relates to the meaning of the

29         term "association" in regard to homeowners'

30         associations for mobile home parks. Section

31  


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 1         723.025 relates to a park owner's access to

 2         mobile homes and lots.

 3  

 4         Section 110.  Paragraph (a) of subsection (12) of

 5  section 558.004, Florida Statutes, is amended to read:

 6         558.004  Notice and opportunity to repair.--

 7         (12)  This chapter does not:

 8         (a)  Bar or limit any rights, including the right of

 9  specific performance to the extent such right would be

10  available in the absence of this chapter act, any causes of

11  action, or any theories on which liability may be based,

12  except as specifically provided in this chapter;

13  

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

15         Chapter 2004-342, Laws of Florida, changed all

16         other references to "act" in this section to

17         "chapter."

18  

19         Section 111.  Subsection (2) of section 560.408,

20  Florida Statutes, is repealed.

21  

22         Reviser's note.--Repealed to delete obsolete

23         language requiring a report to the President of

24         the Senate and the Speaker of the House of

25         Representatives on January 1, 2004.

26  

27         Section 112.  Section 570.235, Florida Statutes, is

28  repealed.

29  

30         Reviser's note.--This section created a Pest

31         Exclusion Advisory Committee which was to


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 1         conclude its findings and issue a report by

 2         January 1, 2001.

 3  

 4         Section 113.  Subsection (14) of section 570.71,

 5  Florida Statutes, is repealed, and subsection (2) of that

 6  section is amended to read:

 7         570.71  Conservation easements and agreements.--

 8         (2)  To achieve the purposes of this act, beginning no

 9  sooner than July 1, 2002, and every year thereafter, the

10  department may accept applications for project proposals that:

11         (a)  Purchase conservation easements, as defined in s.

12  704.06.

13         (b)  Purchase rural-lands-protection easements pursuant

14  to this act.

15         (c)  Fund resource conservation agreements pursuant to

16  this act.

17         (d)  Fund agricultural protection agreements pursuant

18  to this act. 

19  

20  No funds may be expended to implement this subsection prior to

21  July 1, 2002.

22  

23         Reviser's note.--Subsection (2) is amended to

24         delete obsolete language. Subsection (14) is

25         repealed to delete obsolete language requiring

26         a report to the Governor, the President of the

27         Senate, and the Speaker of the House of

28         Representatives by December 31, 2001.

29  

30         Section 114.  Subsection (3) of section 581.131,

31  Florida Statutes, is amended to read:


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 1         581.131  Certificate of registration.--

 2         (3)  Before any nurseryman, stock dealer, agent, or

 3  plant broker advertises nursery stock for sale, a copy of the

 4  certificate of registration must be provided to the publisher

 5  of the advertisement.  The registration number issued by the

 6  department and printed on the certificate of registration must

 7  be included in the advertisement.  Registration numbers

 8  printed in the advertisements must be legible.  Any

 9  advertisement for the sale of nursery stock in print prior to

10  July 1, 1995, shall be exempt from the requirements of this

11  subsection.

12  

13         Reviser's note.--Amended to delete obsolete

14         language relating to advertisements in print

15         prior to July 1, 1995.

16  

17         Section 115.  Subsections (1) and (3) of section

18  620.9901, Florida Statutes, are repealed.

19  

20         Reviser's note.--Subsection (1) is repealed to

21         delete obsolete language applying the Revised

22         Uniform Partnership Act of 1995 to specified

23         partnerships between January 1, 1996, and

24         January 1, 1998. Subsection (3) provides for

25         voluntary application of the act between

26         January 1, 1996, and January 1, 1998.

27  

28         Section 116.  Subsection (5) of section 624.426,

29  Florida Statutes, is amended to read:

30         624.426  Exceptions to countersignature law.--Section

31  624.425 does not apply to:


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 1         (5)  Policies of insurance issued by insurers whose

 2  agents represent, as to property, casualty, and surety

 3  insurance, only one company or group of companies under common

 4  ownership and for which the application has been lawfully

 5  submitted to the insurer.

 6  

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

 8  

 9         Section 117.  Subsection (1) of section 626.112,

10  Florida Statutes, is reenacted to read:

11         626.112  License and appointment required; agents,

12  customer representatives, adjusters, insurance agencies,

13  service representatives, managing general agents.--

14         (1)(a)  No person may be, act as, or advertise or hold

15  himself or herself out to be an insurance agent, insurance

16  adjuster, or customer representative unless he or she is

17  currently licensed by the department and appointed by an

18  appropriate appointing entity or person.

19         (b)  Except as provided in subsection (6) or in

20  applicable department rules, and in addition to other conduct

21  described in this chapter with respect to particular types of

22  agents, a license as an insurance agent, service

23  representative, customer representative, or limited customer

24  representative is required in order to engage in the

25  solicitation of insurance. For purposes of this requirement,

26  as applicable to any of the license types described in this

27  section, the solicitation of insurance is the attempt to

28  persuade any person to purchase an insurance product by:

29         1.  Describing the benefits or terms of insurance

30  coverage, including premiums or rates of return;

31  


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 1         2.  Distributing an invitation to contract to

 2  prospective purchasers;

 3         3.  Making general or specific recommendations as to

 4  insurance products;

 5         4.  Completing orders or applications for insurance

 6  products; or

 7         5.  Comparing insurance products, advising as to

 8  insurance matters, or interpreting policies or coverages.

 9  

10  However, an employee leasing company licensed pursuant to

11  chapter 468 which is seeking to enter into a contract with an

12  employer that identifies products and services offered to

13  employees may deliver proposals for the purchase of employee

14  leasing services to prospective clients of the employee

15  leasing company setting forth the terms and conditions of

16  doing business; classify employees as permitted by s. 468.529;

17  collect information from prospective clients and other sources

18  as necessary to perform due diligence on the prospective

19  client and to prepare a proposal for services; provide and

20  receive enrollment forms, plans, and other documents; and

21  discuss or explain in general terms the conditions,

22  limitations, options, or exclusions of insurance benefit plans

23  available to the client or employees of the employee leasing

24  company were the client to contract with the employee leasing

25  company. Any advertising materials or other documents

26  describing specific insurance coverages must identify and be

27  from a licensed insurer or its licensed agent or a licensed

28  and appointed agent employed by the employee leasing company.

29  The employee leasing company may not advise or inform the

30  prospective business client or individual employees of

31  specific coverage provisions, exclusions, or limitations of


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 1  particular plans. As to clients for which the employee leasing

 2  company is providing services pursuant to s. 468.525(4), the

 3  employee leasing company may engage in activities permitted by

 4  ss. 626.7315, 626.7845, and 626.8305, subject to the

 5  restrictions specified in those sections. If a prospective

 6  client requests more specific information concerning the

 7  insurance provided by the employee leasing company, the

 8  employee leasing company must refer the prospective business

 9  client to the insurer or its licensed agent or to a licensed

10  and appointed agent employed by the employee leasing company.

11  

12         Reviser's note.--Section 20, ch. 2004-390, Laws

13         of Florida, amended paragraph (1)(a) without

14         publishing the flush left language at the end

15         of the subsection. Absent affirmative evidence

16         of legislative intent to repeal the flush left

17         language at the end of the subsection,

18         subsection (1) is reenacted to confirm that the

19         omission was not intended.

20  

21         Section 118.  Subsection (1) of section 626.641,

22  Florida Statutes, is amended to read:

23         626.641  Duration of suspension or revocation.--

24         (1)  The department shall, in its order suspending a

25  license or appointment or in its order suspending the

26  eligibility of a person to hold or apply for such license or

27  appointment, specify the period during which the suspension is

28  to be in effect; but such period shall not exceed 2 years. The

29  license, appointment, or eligibility shall remain suspended

30  during the period so specified, subject, however, to any

31  rescission or modification of the order by the department, or


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 1  modification or reversal thereof by the court, prior to

 2  expiration of the suspension period. A license, appointment,

 3  or eligibility which has been suspended shall not be

 4  reinstated except upon request for such reinstatement and, in

 5  the case of a second suspension, completion of continuing

 6  education courses prescribed and approved by the department or

 7  office; but the department shall not grant such reinstatement

 8  if it finds that the circumstance or circumstances for which

 9  the license, appointment, or eligibility was suspended still

10  exist or are likely to recur.

11  

12         Reviser's note.--Amended to delete the words

13         "or office" as added by s. 44, ch. 2004-374,

14         Laws of Florida. Section 48, ch. 2004-390, Laws

15         of Florida, deleted all other references to

16         "office" to make provision for the Department

17         of Financial Services to regulate insurance

18         adjusters rather than the Office of Insurance

19         Regulation.

20  

21         Section 119.  Section 627.6685, Florida Statutes, is

22  repealed.

23  

24         Reviser's note.--This section, which relates to

25         mental health coverage, does not apply to

26         benefits for services furnished on or after

27         September 30, 2001.

28  

29         Section 120.  Paragraph (a) of subsection (9) of

30  section 627.6699, Florida Statutes, is amended to read:

31         627.6699  Employee Health Care Access Act.--


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 1         (9)  SMALL EMPLOYER CARRIER'S ELECTION TO BECOME A

 2  RISK-ASSUMING CARRIER OR A REINSURING CARRIER.--

 3         (a)  A small employer carrier must elect to become

 4  either a risk-assuming carrier or a reinsuring carrier. Each

 5  small employer carrier must make an initial election, binding

 6  through January 1, 1994.  The carrier's initial election must

 7  be made no later than October 31, 1992.  By October 31, 1993,

 8  all small employer carriers must file a final election, which

 9  is binding for 2 years, from January 1, 1994, through December

10  31, 1995, after which an election shall be binding for a

11  period of 5 years.  Any carrier that is not a small employer

12  carrier on October 31, 1992, and intends to become a small

13  employer carrier after October 31, 1992, must file its

14  designation when it files the forms and rates it intends to

15  use for small employer group health insurance; such

16  designation shall be binding for 2 years after the date of

17  approval of the forms and rates, and any subsequent

18  designation is binding for 5 years.  The office may permit a

19  carrier to modify its election at any time for good cause

20  shown, after a hearing.

21  

22         Reviser's note.--Amended to delete obsolete

23         language relating to small employer carriers'

24         initial elections by specified dates.

25  

26         Section 121.  Subparagraph 5. of paragraph (b) of

27  subsection (5) of section 627.736, Florida Statutes, is

28  amended to read:

29         627.736  Required personal injury protection benefits;

30  exclusions; priority; claims.--

31         (5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--


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 1         (b)

 2         5.  Effective upon this act becoming a law and before

 3  November 1, 2001, allowable amounts that may be charged to a

 4  personal injury protection insurance insurer and insured for

 5  magnetic resonance imaging services shall not exceed 200

 6  percent of the allowable amount under Medicare Part B for year

 7  2001, for the area in which the treatment was rendered.

 8  Beginning November 1, 2001, Allowable amounts that may be

 9  charged to a personal injury protection insurance insurer and

10  insured for magnetic resonance imaging services shall not

11  exceed 175 percent of the allowable amount under the

12  participating physician fee schedule of Medicare Part B for

13  year 2001, for the area in which the treatment was rendered,

14  adjusted annually on August 1 to reflect the prior calendar

15  year's changes in the annual Medical Care Item of the Consumer

16  Price Index for All Urban Consumers in the South Region as

17  determined by the Bureau of Labor Statistics of the United

18  States Department of Labor for the 12-month period ending June

19  30 of that year, except that allowable amounts that may be

20  charged to a personal injury protection insurance insurer and

21  insured for magnetic resonance imaging services provided in

22  facilities accredited by the Accreditation Association for

23  Ambulatory Health Care, the American College of Radiology, or

24  the Joint Commission on Accreditation of Healthcare

25  Organizations shall not exceed 200 percent of the allowable

26  amount under the participating physician fee schedule of

27  Medicare Part B for year 2001, for the area in which the

28  treatment was rendered, adjusted annually on August 1 to

29  reflect the prior calendar year's changes in the annual

30  Medical Care Item of the Consumer Price Index for All Urban

31  Consumers in the South Region as determined by the Bureau of


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 1  Labor Statistics of the United States Department of Labor for

 2  the 12-month period ending June 30 of that year. This

 3  paragraph does not apply to charges for magnetic resonance

 4  imaging services and nerve conduction testing for inpatients

 5  and emergency services and care as defined in chapter 395

 6  rendered by facilities licensed under chapter 395.

 7  

 8         Reviser's note.--Amended to delete an obsolete

 9         provision limiting charges to personal injury

10         insurers and insureds for magnetic resonance

11         imaging to 200 percent of the allowable amount

12         under Medicare Part B until November 1, 2001.

13  

14         Section 122.  Subsection (4) of section 628.909,

15  Florida Statutes, is repealed, and subsection (1) of that

16  section is amended to read:

17         628.909  Applicability of other laws.--

18         (1)  The Florida Insurance Code shall not apply to

19  captive insurers or industrial insured captive insurers except

20  as provided in this part and subsections (2) and, (3), and

21  (4).

22  

23         Reviser's note.--Subsection (1) is amended to

24         delete a reference to subsection (4), which is

25         repealed. Subsection (4) relates to an

26         exemption from s. 624.404(8), which was

27         repealed by s. 14, ch. 91-108, Laws of Florida.

28  

29         Section 123.  Paragraph (c) of subsection (3) of

30  section 633.0215, Florida Statutes, is repealed.

31  


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 1         Reviser's note.--Repealed to delete a provision

 2         that has served its purpose. The provision

 3         allowed locally adopted fire code requirements

 4         to be deemed local variations of the Florida

 5         Fire Prevention Code until adoption of a

 6         statewide firesafety code or rescission of the

 7         requirements, such action taking place no later

 8         than January 1, 2002. The State Fire Marshal

 9         has adopted a statewide firesafety code.

10  

11         Section 124.  Subsection (2) of section 636.240,

12  Florida Statutes, is amended to read:

13         636.240  Injunctions.--

14         (2)  The venue for any proceeding brought bought

15  pursuant to this section shall be in the Circuit Court of Leon

16  County.

17  

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

19         facilitate correct interpretation.

20  

21         Section 125.  Subsection (10) of section 641.51,

22  Florida Statutes, is amended to read:

23         641.51  Quality assurance program; second medical

24  opinion requirement.--

25         (10)  Each organization shall adopt recommendations for

26  preventive pediatric health care which are consistent with the

27  requirements for health checkups for children developed for

28  the Medicaid program.  Each organization shall establish goals

29  to achieve 80-percent compliance by July 1, 1998, and

30  90-percent compliance by July 1, 1999, for their enrolled

31  pediatric population.


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 1         Reviser's note.--Amended to delete obsolete

 2         language relating to organizational compliance

 3         by July 1, 1998.

 4  

 5         Section 126.  Subsection (2) of section 648.50, Florida

 6  Statutes, is amended to read:

 7         648.50  Effect of suspension, revocation upon

 8  associated licenses and licensees.--

 9         (2)  In case of the suspension or revocation of the

10  license or appointment, or the eligibility to hold a license

11  or appointment, of any bail bond agent, the license,

12  appointment, or eligibility of any and all bail bond agents

13  who are members of a bail bond agency, whether incorporated or

14  unincorporated, and any and all temporary bail bond agents or

15  runners employed by such bail bond agency, who knowingly are

16  parties to the act which formed the ground for the suspension

17  or revocation may likewise be suspended or revoked.

18  

19         Reviser's note.--Amended to delete an obsolete

20         reference. All other references to "runners"

21         were deleted from this section by s. 80, ch.

22         2003-267, Laws of Florida, and s. 71, ch.

23         2003-281, Laws of Florida.

24  

25         Section 127.  Paragraph (e) of subsection (1) of

26  section 650.05, Florida Statutes, is amended to read:

27         650.05  Plans for coverage of employees of political

28  subdivisions.--

29         (1)  Each political subdivision of the state is

30  authorized to submit for approval by the state agency a plan

31  for extending the benefits of Title II of the Social Security


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 1  Act, in conformity with the applicable provisions of such act,

 2  to employees of such political subdivisions. Each such plan

 3  and any amendment thereof shall be approved by the state

 4  agency if it is found that such plan, or such plan as amended,

 5  is in conformity with such requirements as are provided in

 6  regulations of the state agency, except that no such plan

 7  shall be approved unless:

 8         (e)  It provides that the political subdivision will

 9  make such reports, in such form and containing such

10  information, as the state agency may from time to time

11  require, and comply with such provisions as the state agency

12  or the Secretary of Health and Human Services Health,

13  Education, and Welfare may from time to time find necessary to

14  assure the correctness and verification of such reports; and

15  

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

17         transfer of the duties of the former Secretary

18         of Health, Education, and Welfare concerning

19         Social Security to the Secretary of Health and

20         Human Services by Pub. L. No. 96-88.

21  

22         Section 128.  Subparagraph 6. of paragraph (a) of

23  subsection (2) of section 655.948, Florida Statutes, is

24  repealed.

25  

26         Reviser's note.--Subparagraph (2)(a)6., which

27         relates to the failure to meet the minimum

28         daily liquidity required of s. 658.68, is

29         repealed. Section 658.68 was repealed by s. 25,

30         ch. 2004-340, Laws of Florida, and s. 108, ch.

31         2004-390, Laws of Florida.


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 1         Section 129.  Subsection (2) of section 658.60, Florida

 2  Statutes, is amended to read:

 3         658.60  Depositories of public moneys and pledge of

 4  assets.--

 5         (2)  Notwithstanding any other provision of this

 6  section or the provisions of any other law requiring security

 7  for deposits of funds in the form of surety bond, in the form

 8  of the deposit or pledge of securities, or in any other form,

 9  security for such deposits shall not be required to the extent

10  that such deposits are insured under the provisions of the

11  Federal Deposit Insurance Act, as now or hereafter amended.

12  Recognition is accorded to the custom and usage, and its

13  practicality, of the deposit or pledge of securities by banks,

14  as security for deposits, in an aggregate amount which,

15  because of the fluctuation from time to time of the aggregate

16  amount of the deposits secured thereby, may at times be in an

17  amount in excess of the required amount of such security

18  without withdrawing and redepositing securities with each

19  decrease and increase of the aggregate amount of deposits

20  secured thereby.  In order to effectuate the provisions of the

21  first sentence of this subsection, and in recognition of the

22  availability of such excess securities for inclusion in the

23  liquidity of state banks as provided in s. 658.68, whenever

24  the amount of securities deposited or pledged exceeds the

25  amount required for the deposits secured thereby, securities

26  in an amount equal to such excess shall, for all purposes and

27  laws, while such excess exists be, and be treated as, freed

28  and discharged from such deposit and pledge even though not

29  physically withdrawn or removed from such deposit or pledge,

30  and, in determining the securities which are so freed and

31  discharged, those securities which are eligible for inclusion


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 1  in a state bank's liquidity as provided in s. 658.68 shall

 2  first be included in such determination. However, such excess

 3  securities which are not physically withdrawn or removed from

 4  deposit or from the pledge thereof shall immediately and

 5  automatically, for all purposes and laws, be, and be treated

 6  as, redeposited and repledged at such time or times as, and to

 7  the extent that, there is an increase in the amount of

 8  security required for funds deposited with the bank, and, in

 9  determining the securities which are so automatically and

10  immediately redeposited and repledged, there shall first be

11  included those securities which are not eligible for the

12  aforesaid liquidity under s. 658.68.

13  

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

15         repeal of s. 658.68 by s. 25, ch. 2004-340,

16         Laws of Florida, and s. 108, ch. 2004-390, Laws

17         of Florida.

18  

19         Section 130.  Subsection (1) of section 663.02, Florida

20  Statutes, is amended to read:

21         663.02  Applicability of state banking laws.--

22         (1)  International banking corporations having offices

23  in this state shall be subject to all the provisions of the

24  financial institutions codes and chapter 655 as though such

25  international banking corporations were state banks, except

26  where it may appear, from the context or otherwise, that such

27  provisions are clearly applicable only to banks or trust

28  companies organized under the laws of this state or the United

29  States. Without limiting the foregoing general provisions, it

30  is the intent of the Legislature that the following provisions

31  shall be applicable to such banks or corporations: s. 655.031,


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 1  relating to administrative enforcement guidelines; s. 655.032,

 2  relating to investigations, subpoenas, hearings, and

 3  witnesses; s. 655.0321, relating to hearings, proceedings, and

 4  related documents and restricted access thereto; s. 655.033,

 5  relating to cease and desist orders; s. 655.037, relating to

 6  removal by the office of an officer, director, committee

 7  member, employee, or other person; s. 655.041, relating to

 8  administrative fines and enforcement; and s. 658.49, relating

 9  to loans by banks not exceeding $50,000. International banking

10  corporations shall not have the powers conferred on domestic

11  banks by the provisions of s. 658.60, relating to deposits of

12  public funds. International banking corporations shall not be

13  subject to the provisions of s. 658.68, relating to liquidity.

14  The provisions of chapter 687, relating to interest and usury,

15  shall apply to all loans not subject to s. 658.49.

16  

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

18         repeal of s. 658.68 by s. 25, ch. 2004-340,

19         Laws of Florida, and s. 108, ch. 2004-390, Laws

20         of Florida.

21  

22         Section 131.  Subsection (3) of section 663.318,

23  Florida Statutes, is repealed.

24  

25         Reviser's note.--Subsection (3), which subjects

26         an international development bank organized

27         under chapter 607 as a corporation for profit

28         to s. 658.68, is repealed. Section 658.68 was

29         repealed by s. 25, ch. 2004-340, Laws of

30         Florida, and s. 108, ch. 2004-390, Laws of

31         Florida.


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 1         Section 132.  Subsection (4) of section 668.602,

 2  Florida Statutes, is amended to read:

 3         668.602  Definitions.--As used in this part, the term:

 4         (4)  "Computer virus" means a computer program that is

 5  designed to replicate itself or affect another program or file

 6  in the computer by attaching a copy of the program or other

 7  set of instructions to one or more computer programs or files

 8  without the consent of the owner or lawful user. The term

 9  includes, but is not limited to, programs that are designed to

10  contaminate other computer programs; compromise computer

11  security; consume consumer computer resources; modify,

12  destroy, record, or transmit data; or disrupt the normal

13  operation of the computer, computer system, or computer

14  network. The term also includes, but is not limited to,

15  programs that are designed to use a computer without the

16  knowledge and consent of the owner or authorized user and to

17  send large quantities of data to a targeted computer network

18  without the consent of the network for the purpose of

19  degrading the targeted computer's or network's performance or

20  for the purpose of denying access through the network to the

21  targeted computer or network.

22  

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

24  

25         Section 133.  Subsection (1) of section 717.1400,

26  Florida Statutes, is amended to read:

27         717.1400  Registration.--

28         (1)  In order to file claims as a claimant's

29  representative, acquire ownership of or entitlement to

30  unclaimed property, receive a distribution of fees and costs

31  from the department, and obtain unclaimed property dollar


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 1  amounts, the number of reported shares of stock, and the last

 2  four digits of social security numbers held by the department,

 3  a private investigator holding a Class "C" individual license

 4  under chapter 493 must register with the department on such

 5  form as the department shall prescribe by rule, and must be

 6  verified by the applicant. To register with the department, a

 7  private investigator must provide:

 8         (a)  A legible copy of the applicant's Class "A"

 9  business license under chapter 493 or that of the applicant's

10  employer which holds a Class "A" business license under

11  chapter 493.

12         (b)  A legible copy of the applicant's Class "C"

13  individual license issued under chapter 493.

14         (c)  The applicant's business address and telephone

15  number.

16         (d)  The names of agents or employees, if any, who are

17  designated to act on behalf of the private investigator,

18  together with a legible copy of their photo identification

19  issued by an agency of the United States, or a state, or a

20  political subdivision thereof.

21         (e)  Sufficient information to enable the department to

22  disburse funds by electronic funds transfer.

23         (f)  The tax identification number of the private

24  investigator's employer which holds a Class "A" business

25  license under chapter 493.

26  

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

28  

29         Section 134.  Paragraph (d) of subsection (2) of

30  section 718.112, Florida Statutes, is reenacted to read:

31         718.112  Bylaws.--


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 1         (2)  REQUIRED PROVISIONS.--The bylaws shall provide for

 2  the following and, if they do not do so, shall be deemed to

 3  include the following:

 4         (d)  Unit owner meetings.--

 5         1.  There shall be an annual meeting of the unit

 6  owners. Unless the bylaws provide otherwise, a vacancy on the

 7  board caused by the expiration of a director's term shall be

 8  filled by electing a new board member, and the election shall

 9  be by secret ballot; however, if the number of vacancies

10  equals or exceeds the number of candidates, no election is

11  required. If there is no provision in the bylaws for terms of

12  the members of the board, the terms of all members of the

13  board shall expire upon the election of their successors at

14  the annual meeting. Any unit owner desiring to be a candidate

15  for board membership shall comply with subparagraph 3. A

16  person who has been convicted of any felony by any court of

17  record in the United States and who has not had his or her

18  right to vote restored pursuant to law in the jurisdiction of

19  his or her residence is not eligible for board membership. The

20  validity of an action by the board is not affected if it is

21  later determined that a member of the board is ineligible for

22  board membership due to having been convicted of a felony.

23         2.  The bylaws shall provide the method of calling

24  meetings of unit owners, including annual meetings. Written

25  notice, which notice must include an agenda, shall be mailed,

26  hand delivered, or electronically transmitted to each unit

27  owner at least 14 days prior to the annual meeting and shall

28  be posted in a conspicuous place on the condominium property

29  at least 14 continuous days preceding the annual meeting. Upon

30  notice to the unit owners, the board shall by duly adopted

31  rule designate a specific location on the condominium property


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 1  or association property upon which all notices of unit owner

 2  meetings shall be posted; however, if there is no condominium

 3  property or association property upon which notices can be

 4  posted, this requirement does not apply. In lieu of or in

 5  addition to the physical posting of notice of any meeting of

 6  the unit owners on the condominium property, the association

 7  may, by reasonable rule, adopt a procedure for conspicuously

 8  posting and repeatedly broadcasting the notice and the agenda

 9  on a closed-circuit cable television system serving the

10  condominium association. However, if broadcast notice is used

11  in lieu of a notice posted physically on the condominium

12  property, the notice and agenda must be broadcast at least

13  four times every broadcast hour of each day that a posted

14  notice is otherwise required under this section. When

15  broadcast notice is provided, the notice and agenda must be

16  broadcast in a manner and for a sufficient continuous length

17  of time so as to allow an average reader to observe the notice

18  and read and comprehend the entire content of the notice and

19  the agenda. Unless a unit owner waives in writing the right to

20  receive notice of the annual meeting, such notice shall be

21  hand delivered, mailed, or electronically transmitted to each

22  unit owner. Notice for meetings and notice for all other

23  purposes shall be mailed to each unit owner at the address

24  last furnished to the association by the unit owner, or hand

25  delivered to each unit owner. However, if a unit is owned by

26  more than one person, the association shall provide notice,

27  for meetings and all other purposes, to that one address which

28  the developer initially identifies for that purpose and

29  thereafter as one or more of the owners of the unit shall so

30  advise the association in writing, or if no address is given

31  or the owners of the unit do not agree, to the address


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 1  provided on the deed of record. An officer of the association,

 2  or the manager or other person providing notice of the

 3  association meeting, shall provide an affidavit or United

 4  States Postal Service certificate of mailing, to be included

 5  in the official records of the association affirming that the

 6  notice was mailed or hand delivered, in accordance with this

 7  provision.

 8         3.  The members of the board shall be elected by

 9  written ballot or voting machine. Proxies shall in no event be

10  used in electing the board, either in general elections or

11  elections to fill vacancies caused by recall, resignation, or

12  otherwise, unless otherwise provided in this chapter. Not less

13  than 60 days before a scheduled election, the association

14  shall mail, deliver, or electronically transmit, whether by

15  separate association mailing or included in another

16  association mailing, delivery, or transmission, including

17  regularly published newsletters, to each unit owner entitled

18  to a vote, a first notice of the date of the election. Any

19  unit owner or other eligible person desiring to be a candidate

20  for the board must give written notice to the association not

21  less than 40 days before a scheduled election. Together with

22  the written notice and agenda as set forth in subparagraph 2.,

23  the association shall mail, deliver, or electronically

24  transmit a second notice of the election to all unit owners

25  entitled to vote therein, together with a ballot which shall

26  list all candidates. Upon request of a candidate, the

27  association shall include an information sheet, no larger than

28  8 1/2  inches by 11 inches, which must be furnished by the

29  candidate not less than 35 days before the election, to be

30  included with the mailing, delivery, or transmission of the

31  ballot, with the costs of mailing, delivery, or electronic


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 1  transmission and copying to be borne by the association. The

 2  association is not liable for the contents of the information

 3  sheets prepared by the candidates.  In order to reduce costs,

 4  the association may print or duplicate the information sheets

 5  on both sides of the paper. The division shall by rule

 6  establish voting procedures consistent with the provisions

 7  contained herein, including rules establishing procedures for

 8  giving notice by electronic transmission and rules providing

 9  for the secrecy of ballots.  Elections shall be decided by a

10  plurality of those ballots cast. There shall be no quorum

11  requirement; however, at least 20 percent of the eligible

12  voters must cast a ballot in order to have a valid election of

13  members of the board. No unit owner shall permit any other

14  person to vote his or her ballot, and any such ballots

15  improperly cast shall be deemed invalid, provided any unit

16  owner who violates this provision may be fined by the

17  association in accordance with s. 718.303. A unit owner who

18  needs assistance in casting the ballot for the reasons stated

19  in s. 101.051 may obtain assistance in casting the ballot. The

20  regular election shall occur on the date of the annual

21  meeting. The provisions of this subparagraph shall not apply

22  to timeshare condominium associations. Notwithstanding the

23  provisions of this subparagraph, an election is not required

24  unless more candidates file notices of intent to run or are

25  nominated than board vacancies exist.

26         4.  Any approval by unit owners called for by this

27  chapter or the applicable declaration or bylaws, including,

28  but not limited to, the approval requirement in s. 718.111(8),

29  shall be made at a duly noticed meeting of unit owners and

30  shall be subject to all requirements of this chapter or the

31  applicable condominium documents relating to unit owner


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 1  decisionmaking, except that unit owners may take action by

 2  written agreement, without meetings, on matters for which

 3  action by written agreement without meetings is expressly

 4  allowed by the applicable bylaws or declaration or any statute

 5  that provides for such action.

 6         5.  Unit owners may waive notice of specific meetings

 7  if allowed by the applicable bylaws or declaration or any

 8  statute. If authorized by the bylaws, notice of meetings of

 9  the board of administration, unit owner meetings, except unit

10  owner meetings called to recall board members under paragraph

11  (j), and committee meetings may be given by electronic

12  transmission to unit owners who consent to receive notice by

13  electronic transmission.

14         6.  Unit owners shall have the right to participate in

15  meetings of unit owners with reference to all designated

16  agenda items. However, the association may adopt reasonable

17  rules governing the frequency, duration, and manner of unit

18  owner participation.

19         7.  Any unit owner may tape record or videotape a

20  meeting of the unit owners subject to reasonable rules adopted

21  by the division.

22         8.  Unless otherwise provided in the bylaws, any

23  vacancy occurring on the board before the expiration of a term

24  may be filled by the affirmative vote of the majority of the

25  remaining directors, even if the remaining directors

26  constitute less than a quorum, or by the sole remaining

27  director. In the alternative, a board may hold an election to

28  fill the vacancy, in which case the election procedures must

29  conform to the requirements of subparagraph 3. unless the

30  association has opted out of the statutory election process,

31  in which case the bylaws of the association control. Unless


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 1  otherwise provided in the bylaws, a board member appointed or

 2  elected under this section shall fill the vacancy for the

 3  unexpired term of the seat being filled. Filling vacancies

 4  created by recall is governed by paragraph (j) and rules

 5  adopted by the division.

 6  

 7  Notwithstanding subparagraphs (b)2. and (d)3., an association

 8  may, by the affirmative vote of a majority of the total voting

 9  interests, provide for different voting and election

10  procedures in its bylaws, which vote may be by a proxy

11  specifically delineating the different voting and election

12  procedures. The different voting and election procedures may

13  provide for elections to be conducted by limited or general

14  proxy.

15  

16         Reviser's note.--Section 4, ch. 2004-345, Laws

17         of Florida, purported to amend paragraph

18         (2)(d), but did not publish the amended

19         paragraph. Absent affirmative evidence of

20         legislative intent to repeal it, paragraph

21         (2)(d) is reenacted to confirm that the

22         omission was not intended.

23  

24         Section 135.  Paragraph (d) of subsection (2) of

25  section 720.303, Florida Statutes, as created by section 18 of

26  chapter 2004-345, Laws of Florida, and paragraph (a) of

27  subsection (10) of section 720.303, Florida Statutes, are

28  amended to read:

29         720.303  Association powers and duties; meetings of

30  board; official records; budgets; financial reporting;

31  association funds; recalls.--


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 1         (2)  BOARD MEETINGS.--

 2         (d)  If 20 percent of the total voting interests

 3  petition the board to address an item of business, the board

 4  shall at its next regular board meeting or at a special

 5  meeting of the board, but not later than 60 days after the

 6  receipt of the petition, take the petitioned item up on an

 7  agenda. The board shall give all members notice of the meeting

 8  at which the petitioned item shall be addressed in accordance

 9  with the 14-day notice requirement pursuant to subparagraph

10  (c)2. subparagraph 2. Each member shall have the right to

11  speak for at least 3 minutes on each matter placed on the

12  agenda by petition, provided that the member signs the sign-up

13  sheet, if one is provided, or submits a written request to

14  speak prior to the meeting. Other than addressing the

15  petitioned item at the meeting, the board is not obligated to

16  take any other action requested by the petition.

17         (10)  RECALL OF DIRECTORS.--

18         (a)1.  Regardless of any provision to the contrary

19  contained in the governing documents, subject to the

20  provisions of s. 720.307 regarding transition of association

21  control, any member of the board of or directors may be

22  recalled and removed from office with or without cause by a

23  majority of the total voting interests.

24         2.  When the governing documents, including the

25  declaration, articles of incorporation, or bylaws, provide

26  that only a specific class of members is entitled to elect a

27  board director or directors, only that class of members may

28  vote to recall those board directors so elected.

29  

30         Reviser's note.--Paragraph (2)(d) as created by

31         s. 18, ch. 2004-345, Laws of Florida, is


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 1         amended to improve clarity and facilitate

 2         correct interpretation. Paragraph (d) is not

 3         divided into subparagraphs; subparagraph (c)2.

 4         relates to the 14-day notice. Paragraph (10)(a)

 5         is amended to conform to context.

 6  

 7         Section 136.  Subsection (1) of section 720.402,

 8  Florida Statutes, is amended to read:

 9         720.402  Publication of false and misleading

10  information.--

11         (1)  Any person who, in reasonable reliance upon any

12  material statement or information that is false or misleading

13  and published by or under authority from the developer in

14  advertising and promotional materials, including, but not

15  limited to, a contract of purchase purchaser, the declaration

16  of covenants, exhibits to a declaration of covenants,

17  brochures, and newspaper advertising, pays anything of value

18  toward the purchase of a parcel in a community located in this

19  state has a cause of action to rescind the contract or collect

20  damages from the developer for his or her loss before the

21  closing of the transaction. After the closing of the

22  transaction, the purchaser has a cause of action against the

23  developer for damages under this section from the time of

24  closing until 1 year after the date upon which the last of the

25  events described in paragraphs (a) through (d) occurs:

26         (a)  The closing of the transaction;

27         (b)  The issuance by the applicable governmental

28  authority of a certificate of occupancy or other evidence of

29  sufficient completion of construction of the purchaser's

30  residence to allow lawful occupancy of the residence by the

31  purchaser. In counties or municipalities in which certificates


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 1  of occupancy or other evidences of completion sufficient to

 2  allow lawful occupancy are not customarily issued, for the

 3  purpose of this section, evidence of lawful occupancy shall be

 4  deemed to be given or issued upon the date that such lawful

 5  occupancy of the residence may be allowed under prevailing

 6  applicable laws, ordinances, or statutes;

 7         (c)  The completion by the developer of the common

 8  areas and such recreational facilities, whether or not the

 9  same are common areas, which the developer is obligated to

10  complete or provide under the terms of the written contract,

11  governing documents, or written agreement for purchase or

12  lease of the parcel; or

13         (d)  In the event there is not a written contract or

14  agreement for sale or lease of the parcel, then the completion

15  by the developer of the common areas and such recreational

16  facilities, whether or not they are common areas, which the

17  developer would be obligated to complete under any rule of law

18  applicable to the developer's obligation.

19  

20  Under no circumstances may a cause of action created or

21  recognized under this section survive for a period of more

22  than 5 years after the closing of the transaction.

23  

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

25         facilitate correct interpretation.

26  

27         Section 137.  Paragraph (d) of subsection (4) of

28  section 720.405, Florida Statutes, is amended to read:

29         720.405  Organizing committee; parcel owner approval.--

30         (4)  The proposed revived declaration and other

31  governing documents for the community shall:


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 1         (d)  Contain no covenants that are more restrictive on

 2  the affected parcel owners than the covenants contained in the

 3  previous governing documents, except as permitted under s.

 4  720.404(3) 720.402(3); and

 5  

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

 7         facilitate correct interpretation. Section

 8         720.402 does not contain a subsection (3); s.

 9         720.404(3) relates to restrictive covenants.

10  

11         Section 138.  Subsection (2) of section 721.075,

12  Florida Statutes, is reenacted to read:

13         721.075  Incidental benefits.--Incidental benefits

14  shall be offered only as provided in this section.

15         (2)  Each purchaser shall execute a separate

16  acknowledgment and disclosure statement with respect to all

17  incidental benefits, which statement shall include the

18  following information:

19         (a)  A fair description of the incidental benefit,

20  including, but not limited to, any user fees or costs

21  associated therewith and any restrictions upon use or

22  availability.

23         (b)  A statement that use of or participation in the

24  incidental benefit by the prospective purchaser is completely

25  voluntary, and that payment of any fee or other cost

26  associated with the incidental benefit is required only upon

27  such use or participation.

28         (c)  A statement that the incidental benefit is not

29  assignable or otherwise transferable by the prospective

30  purchaser or purchaser.

31  


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 1         (d)  The following disclosure in conspicuous type

 2  immediately above the space for the purchaser's signature:

 3  

 4         The incidental benefit[s] described in this statement

 5  is [are] offered to prospective purchasers of the timeshare

 6  plan [or other permitted reference pursuant to s.

 7  721.11(5)(a)].  This [These] benefit[s] is [are] available for

 8  your use for [some period 3 years or less] after the first

 9  date that the timeshare plan is available for your use. The

10  availability of the incidental benefit[s] may or may not be

11  renewed or extended.  You should not purchase an interest in

12  the timeshare plan in reliance upon the continued availability

13  or renewal or extension of this [these] benefit[s].

14         (e)  A statement indicating the source of the services,

15  points, or other products that constitute the incidental

16  benefit.

17  

18  The acknowledgment and disclosure statement for any incidental

19  benefit shall be filed with the division prior to use.  Each

20  purchaser shall receive a copy of his or her executed

21  acknowledgment and disclosure statement as a document required

22  to be provided to him or her pursuant to s. 721.10(1)(b).

23  

24         Reviser's note.--Section 7, ch. 2004-279, Laws

25         of Florida, added paragraph (e) to subsection

26         (2) without publishing the flush left language

27         at the end of the subsection. Absent

28         affirmative evidence of legislative intent to

29         repeal it, the flush left language is reenacted

30         to confirm that the omission was not intended.

31  


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 1         Section 139.  Subsection (4) of section 744.3678,

 2  Florida Statutes, is amended to read:

 3         744.3678  Annual accounting.--

 4         (4)  The guardian shall pay from the ward's estate to

 5  the clerk of the circuit court a fee based upon the following

 6  graduated fee schedule, upon the filing of the annual

 7  financial return, for the auditing of the return:

 8         (a)  For estates with a value of $25,000 or less the

 9  clerk of the court may charge a fee of up to $15.

10         (b)  For estates with a value of more than $25,000 up

11  to and including $100,000 the clerk of the court may charge a

12  fee of up to $75.

13         (c)  For estates with a value of more than $100,000 up

14  to and including $500,000 the clerk of the court may charge a

15  fee of up to $150.

16         (d)  For estates with a value in excess of $500,000 the

17  clerk of the court may charge a fee of up to $225.

18  

19  Upon petition by the guardian, the court may waive the

20  auditing fee upon a showing of insufficient funds in the

21  ward's estate. Any guardian unable to pay the auditing fee may

22  petition the court for a waiver of the fee. The court may

23  waive the fee after it has reviewed the documentation filed by

24  the guardian in support of the waiver.

25  

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

27         facilitate correct interpretation.

28  

29         Section 140.  Paragraph (d) of subsection (2) of

30  section 744.7021, Florida Statutes, is amended to read:

31  


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 1         744.7021  Statewide Public Guardianship Office.--There

 2  is hereby created the Statewide Public Guardianship Office

 3  within the Department of Elderly Affairs.

 4         (2)  The executive director shall, within available

 5  resources, have oversight responsibilities for all public

 6  guardians.

 7         (d)  By January 1, 2004, and by January 1 of each year

 8  thereafter, the executive director shall provide a status

 9  report and provide further recommendations to the secretary

10  that address the need for public guardianship services and

11  related issues.

12  

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

14         delete obsolete language.

15  

16         Section 141.  Subsection (5) of section 782.081,

17  Florida Statutes, is amended to read:

18         782.081  Commercial exploitation of self-murder.--

19         (5)  A person who violates this section commits a

20  felony of the third degree, punishable as provided in s.

21  775.082, s. 775.083, or s. 775.084 774.084.

22  

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

24         facilitate correct interpretation. Section

25         774.084 does not exist; s. 775.084 provides

26         punishment for felonies.

27  

28         Section 142.  Paragraph (b) of subsection (4) of

29  section 784.046, Florida Statutes, is amended to read:

30         784.046  Action by victim of repeat violence, sexual

31  violence, or dating violence for protective injunction; powers


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 1  and duties of court and clerk of court; filing and form of

 2  petition; notice and hearing; temporary injunction; issuance;

 3  statewide verification system; enforcement.--

 4         (4)

 5         (b)  The sworn petition must be in substantially the

 6  following form:

 7  

 8              PETITION FOR INJUNCTION FOR PROTECTION

 9                 AGAINST REPEAT VIOLENCE, SEXUAL

10                   VIOLENCE, OR DATING VIOLENCE

11  

12         Before me, the undersigned authority, personally

13  appeared Petitioner ...(Name)..., who has been sworn and says

14  that the following statements are true:

15  

16         1.  Petitioner resides at ...(address)... (A petitioner

17  for an injunction for protection against sexual violence may

18  furnish an address to the court in a separate confidential

19  filing if, for safety reasons, the petitioner requires the

20  location of his or her current residence to be confidential

21  pursuant to s. 119.07(6)(s) 119.07(3)(s), Florida Statutes.)

22         2.  Respondent resides at ...(address)...

23         3.a.  Petitioner has suffered repeat violence as

24  demonstrated by the fact that the respondent has:

25         ...(enumerate incidents of violence)...

26  

27                 ................................

28                 ................................

29                 ................................

30  

31  


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 1         b.  Petitioner has suffered sexual violence as

 2  demonstrated by the fact that the respondent has: (enumerate

 3  incident of violence and include incident report number from

 4  law enforcement agency or attach notice of inmate release.)

 5  

 6                 ................................

 7                 ................................

 8                 ................................

 9  

10         c.  Petitioner is a victim of dating violence and has

11  reasonable cause to believe that he or she is in imminent

12  danger of becoming the victim of another act of dating

13  violence or has reasonable cause to believe that he or she is

14  in imminent danger of becoming a victim of dating violence, as

15  demonstrated by the fact that the respondent has: ...(list the

16  specific incident or incidents of violence and describe the

17  length of time of the relationship, whether it has been in

18  existence during the last 6 months, the nature of the

19  relationship of a romantic or intimate nature, the frequency

20  and type of interaction, and any other facts that characterize

21  the relationship.)...

22  

23                 ................................

24                 ................................

25                 ................................

26  

27         4.  Petitioner genuinely fears repeat violence by the

28  respondent.

29         5.  Petitioner seeks: an immediate injunction against

30  the respondent, enjoining him or her from committing any

31  further acts of violence; an injunction enjoining the


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 1  respondent from committing any further acts of violence; and

 2  an injunction providing any terms the court deems necessary

 3  for the protection of the petitioner and the petitioner's

 4  immediate family, including any injunctions or directives to

 5  law enforcement agencies.

 6  

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

 8         redesignation of s. 119.07(3)(s) as s.

 9         119.07(6)(s) by s. 7, ch. 2004-335, Laws of

10         Florida.

11  

12         Section 143.  Paragraph (a) of subsection (1) of

13  section 895.02, Florida Statutes, is amended to read:

14         895.02  Definitions.--As used in ss. 895.01-895.08, the

15  term:

16         (1)  "Racketeering activity" means to commit, to

17  attempt to commit, to conspire to commit, or to solicit,

18  coerce, or intimidate another person to commit:

19         (a)  Any crime which is chargeable by indictment or

20  information under the following provisions of the Florida

21  Statutes:

22         1.  Section 210.18, relating to evasion of payment of

23  cigarette taxes.

24         2.  Section 403.727(3)(b), relating to environmental

25  control.

26         3.  Section 409.920 or s. 409.9201, relating to

27  Medicaid fraud.

28         4.  Section 414.39, relating to public assistance

29  fraud.

30         5.  Section 440.105 or s. 440.106, relating to workers'

31  compensation.


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 1         6.  Section 465.0161, relating to distribution of

 2  medicinal drugs without a permit as an Internet pharmacy.

 3         7.  Sections 499.0051, 499.0052, 499.00535 499.0053,

 4  499.00545, and 499.0691, relating to crimes involving

 5  contraband and adulterated drugs.

 6         8.  Part IV of chapter 501, relating to telemarketing.

 7         9.  Chapter 517, relating to sale of securities and

 8  investor protection.

 9         10.  Section 550.235, s. 550.3551, or s. 550.3605,

10  relating to dogracing and horseracing.

11         11.  Chapter 550, relating to jai alai frontons.

12         12.  Chapter 552, relating to the manufacture,

13  distribution, and use of explosives.

14         13.  Chapter 560, relating to money transmitters, if

15  the violation is punishable as a felony.

16         14.  Chapter 562, relating to beverage law enforcement.

17         15.  Section 624.401, relating to transacting insurance

18  without a certificate of authority, s. 624.437(4)(c)1.,

19  relating to operating an unauthorized multiple-employer

20  welfare arrangement, or s. 626.902(1)(b), relating to

21  representing or aiding an unauthorized insurer.

22         16.  Section 655.50, relating to reports of currency

23  transactions, when such violation is punishable as a felony.

24         17.  Chapter 687, relating to interest and usurious

25  practices.

26         18.  Section 721.08, s. 721.09, or s. 721.13, relating

27  to real estate timeshare plans.

28         19.  Chapter 782, relating to homicide.

29         20.  Chapter 784, relating to assault and battery.

30         21.  Chapter 787, relating to kidnapping.

31         22.  Chapter 790, relating to weapons and firearms.


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 1         23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,

 2  s. 796.05, or s. 796.07, relating to prostitution and sex

 3  trafficking.

 4         24.  Chapter 806, relating to arson.

 5         25.  Section 810.02(2)(c), relating to specified

 6  burglary of a dwelling or structure.

 7         26.  Chapter 812, relating to theft, robbery, and

 8  related crimes.

 9         27.  Chapter 815, relating to computer-related crimes.

10         28.  Chapter 817, relating to fraudulent practices,

11  false pretenses, fraud generally, and credit card crimes.

12         29.  Chapter 825, relating to abuse, neglect, or

13  exploitation of an elderly person or disabled adult.

14         30.  Section 827.071, relating to commercial sexual

15  exploitation of children.

16         31.  Chapter 831, relating to forgery and

17  counterfeiting.

18         32.  Chapter 832, relating to issuance of worthless

19  checks and drafts.

20         33.  Section 836.05, relating to extortion.

21         34.  Chapter 837, relating to perjury.

22         35.  Chapter 838, relating to bribery and misuse of

23  public office.

24         36.  Chapter 843, relating to obstruction of justice.

25         37.  Section 847.011, s. 847.012, s. 847.013, s.

26  847.06, or s. 847.07, relating to obscene literature and

27  profanity.

28         38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

29  or s. 849.25, relating to gambling.

30         39.  Chapter 874, relating to criminal street gangs.

31  


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 1         40.  Chapter 893, relating to drug abuse prevention and

 2  control.

 3         41.  Chapter 896, relating to offenses related to

 4  financial transactions.

 5         42.  Sections 914.22 and 914.23, relating to tampering

 6  with a witness, victim, or informant, and retaliation against

 7  a witness, victim, or informant.

 8         43.  Sections 918.12 and 918.13, relating to tampering

 9  with jurors and evidence.

10  

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

12         redesignation of the referenced s. 499.0053 as

13         s. 499.00535 by the reviser incident to

14         compiling the 2003 Florida Statutes.

15  

16         Section 144.  Paragraph (i) of subsection (3) of

17  section 921.0022, Florida Statutes, is amended to read:

18         921.0022  Criminal Punishment Code; offense severity

19  ranking chart.--

20         (3)  OFFENSE SEVERITY RANKING CHART

21  

22  Florida           Felony

23  Statute           Degree             Description

24  

25                              (i)  LEVEL 9

26  316.193

27   (3)(c)3.b.        1st      DUI manslaughter; failing to

28                              render aid or give information.

29  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

30                              render aid or give information.

31  


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 1  499.00535 499.0053 1st      Sale or purchase of contraband

 2                              legend drugs resulting in great

 3                              bodily harm.

 4  560.123(8)(b)3.    1st      Failure to report currency or

 5                              payment instruments totaling or

 6                              exceeding $100,000 by money

 7                              transmitter.

 8  560.125(5)(c)      1st      Money transmitter business by

 9                              unauthorized person, currency, or

10                              payment instruments totaling or

11                              exceeding $100,000.

12  655.50(10)(b)3.    1st      Failure to report financial

13                              transactions totaling or

14                              exceeding $100,000 by financial

15                              institution.

16  775.0844           1st      Aggravated white collar crime.

17  782.04(1)          1st      Attempt, conspire, or solicit to

18                              commit premeditated murder.

19  782.04(3)          1st,PBL   Accomplice to murder in

20                              connection with arson, sexual

21                              battery, robbery, burglary, and

22                              other specified felonies.

23  782.051(1)         1st      Attempted felony murder while

24                              perpetrating or attempting to

25                              perpetrate a felony enumerated in

26                              s. 782.04(3).

27  782.07(2)          1st      Aggravated manslaughter of an

28                              elderly person or disabled adult.

29  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

30                              reward or as a shield or hostage.

31  


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 1  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

 2                              or facilitate commission of any

 3                              felony.

 4  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

 5                              interfere with performance of any

 6                              governmental or political

 7                              function.

 8  787.02(3)(a)       1st      False imprisonment; child under

 9                              age 13; perpetrator also commits

10                              aggravated child abuse, sexual

11                              battery, or lewd or lascivious

12                              battery, molestation, conduct, or

13                              exhibition.

14  790.161            1st      Attempted capital destructive

15                              device offense.

16  790.166(2)         1st,PBL  Possessing, selling, using, or

17                              attempting to use a weapon of

18                              mass destruction.

19  794.011(2)         1st      Attempted sexual battery; victim

20                              less than 12 years of age.

21  794.011(2)         Life     Sexual battery; offender younger

22                              than 18 years and commits sexual

23                              battery on a person less than 12

24                              years.

25  794.011(4)         1st      Sexual battery; victim 12 years

26                              or older, certain circumstances.

27  794.011(8)(b)      1st      Sexual battery; engage in sexual

28                              conduct with minor 12 to 18 years

29                              by person in familial or

30                              custodial authority.

31  


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 1  800.04(5)(b)       1st      Lewd or lascivious molestation;

 2                              victim less than 12 years;

 3                              offender 18 years or older.

 4  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 5                              deadly weapon.

 6  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

 7                              deadly weapon.

 8  812.135(2)(b)      1st      Home-invasion robbery with

 9                              weapon.

10  817.568(7)         2nd,PBL  Fraudulent use of personal

11                              identification information of an

12                              individual under the age of 18 by

13                              his or her parent, legal

14                              guardian, or person exercising

15                              custodial authority.

16  827.03(2)          1st      Aggravated child abuse.

17  847.0145(1)        1st      Selling, or otherwise

18                              transferring custody or control,

19                              of a minor.

20  847.0145(2)        1st      Purchasing, or otherwise

21                              obtaining custody or control, of

22                              a minor.

23  859.01             1st      Poisoning or introducing

24                              bacteria, radioactive materials,

25                              viruses, or chemical compounds

26                              into food, drink, medicine, or

27                              water with intent to kill or

28                              injure another person.

29  893.135            1st      Attempted capital trafficking

30                              offense.

31  


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 1  893.135(1)(a)3.    1st      Trafficking in cannabis, more

 2                              than 10,000 lbs.

 3  893.135

 4   (1)(b)1.c.        1st      Trafficking in cocaine, more than

 5                              400 grams, less than 150

 6                              kilograms.

 7  893.135

 8   (1)(c)1.c.        1st      Trafficking in illegal drugs,

 9                              more than 28 grams, less than 30

10                              kilograms.

11  893.135

12   (1)(d)1.c.        1st      Trafficking in phencyclidine,

13                              more than 400 grams.

14  893.135

15   (1)(e)1.c.        1st      Trafficking in methaqualone, more

16                              than 25 kilograms.

17  893.135

18   (1)(f)1.c.        1st      Trafficking in amphetamine, more

19                              than 200 grams.

20  893.135

21   (1)(h)1.c.        1st      Trafficking in

22                              gamma-hydroxybutyric acid (GHB),

23                              10 kilograms or more.

24  893.135

25   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10

26                              kilograms or more.

27  893.135

28   (1)(k)2.c.        1st      Trafficking in Phenethylamines,

29                              400 grams or more.

30  

31  


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 1  896.101(5)(c)      1st      Money laundering, financial

 2                              instruments totaling or exceeding

 3                              $100,000.

 4  896.104(4)(a)3.    1st      Structuring transactions to evade

 5                              reporting or registration

 6                              requirements, financial

 7                              transactions totaling or

 8                              exceeding $100,000.

 9  

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

11         redesignation of the referenced s. 499.0053 as

12         s. 499.00535 by the reviser incident to

13         compiling the 2003 Florida Statutes.

14  

15         Section 145.  Section 932.706, Florida Statutes, is

16  amended to read:

17         932.706  Forfeiture training requirements.--The

18  Criminal Justice Standards and Training Commission shall

19  develop a standardized course of training for basic recruits

20  and continuing education which shall be designed to develop

21  proficiency in the seizure and forfeiture of property under

22  the Florida Contraband Forfeiture Act. Such course of training

23  and continuing education shall be developed and implemented by

24  December 1, 1995. The curriculum for the course of training

25  and continuing education must include, but is not limited to,

26  racial and ethnic sensitivity and a review of cases in this

27  state which involve searches and seizures, the use of

28  drug-courier profiles by law enforcement agencies, and the use

29  of an order to stop based on a pretext.

30  

31  


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 1         Reviser's note.--Amended to delete an obsolete

 2         provision. The cited course of training and

 3         continuing education was to be developed and

 4         implemented by December 1, 1995.

 5  

 6         Section 146.  Subsection (3) of section 943.125,

 7  Florida Statutes, is repealed.

 8  

 9         Reviser's note.--Repealed to delete a provision

10         that has served its purpose. The cited

11         subsection provides for the development of

12         arrest and security protocols by October 1,

13         1996.

14  

15         Section 147.  Subsection (2) of section 944.026,

16  Florida Statutes, is amended to read:

17         944.026  Community-based facilities and programs.--

18         (2)  By January 1, 2002, and Notwithstanding any other

19  law, the department shall ensure that at least 400 of its

20  contracted beds in nonsecure community-based residential

21  substance abuse treatment facilities authorized under

22  subparagraph (1)(b)1. or probation and restitution centers

23  authorized under paragraph (1)(c) are designated for

24  transition assistance for inmates who are nearing their date

25  of release from a correctional institution or a community

26  correctional center. These designated beds shall be provided

27  by private organizations that do not have a faith component

28  and that are under contract with the department. In making

29  placement decisions, the department and the contract providers

30  shall give priority consideration to those inmates who are

31  nearing their date of release and who are to be placed in some


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 1  form of postrelease community supervision. However, if an

 2  inmate whose sentence expires upon his or her release from a

 3  correctional institution or a community correction center and

 4  for whom community supervision is not required demonstrates

 5  the need for or interest in and suitability for

 6  transition-housing assistance, as determined by the

 7  department, the inmate is eligible to be considered for

 8  placement in transition housing. A right to substance abuse

 9  program services is not stated, intended, or otherwise implied

10  by this subsection.

11  

12         Reviser's note.--Amended to delete obsolete

13         language.

14  

15         Section 148.  Paragraph (a) of subsection (5) of

16  section 944.1905, Florida Statutes, is amended to read:

17         944.1905  Initial inmate classification; inmate

18  reclassification.--The Department of Corrections shall

19  classify inmates pursuant to an objective classification

20  scheme. The initial inmate classification questionnaire and

21  the inmate reclassification questionnaire must cover both

22  aggravating and mitigating factors.

23         (5)(a)  Notwithstanding any other provision of this

24  section, the department shall assign to specific correctional

25  facilities all inmates who are less than 18 years of age and

26  who are not eligible for and have not been assigned to a

27  facility for youthful offenders. Any such inmate who is less

28  than 18 years of age shall be housed in a dormitory that is

29  separate from inmates who are 18 years of age or older.

30  Furthermore, the department shall provide any food service,

31  education, and recreation for such inmate separately from


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 1  inmates who are 18 years of age or older. The department shall

 2  report to the Legislature on compliance with this paragraph by

 3  April 1, 2002.

 4  

 5         Reviser's note.--Amended to delete obsolete

 6         language. The referenced report of compliance

 7         was due on April 1, 2002.

 8  

 9         Section 149.  Subsections (3) and (4) of section

10  944.803, Florida Statutes, are amended to read:

11         944.803  Faith-based programs for inmates.--

12         (3)  By March 1, 2002, The department must have at

13  least three additional faith-based dormitory programs fully

14  operational and by June 1, 2002, the department must have at

15  least three more faith-based dormitory programs fully

16  operational, for a total of six new programs fully operational

17  by June 1, 2002. These six programs shall be similar to and in

18  addition to the current faith-based pilot program. The six new

19  programs shall be a joint effort with the department and

20  faith-based service groups within the community. The

21  department shall ensure that an inmate's faith orientation, or

22  lack thereof, will not be considered in determining admission

23  to a faith-based program and that the program does not attempt

24  to convert an inmate toward a particular faith or religious

25  preference. The programs shall operate 24 hours a day within

26  the existing correctional facilities. The programs must

27  emphasize the importance of personal responsibility,

28  meaningful work, education, substance abuse treatment, and

29  peer support. Participation in the faith-based dormitory

30  program shall be voluntary. However, at least 80 percent of

31  the inmates participating in this program must be within 36


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 1  months of release. Assignment to these programs shall be based

 2  on evaluation and the length of time the inmate is projected

 3  to be assigned to that particular institution. In evaluating

 4  an inmate for this program, priority shall be given to inmates

 5  who have shown an indication for substance abuse. A right to

 6  substance abuse program services is not stated, intended, or

 7  otherwise implied by this subsection. The department may not

 8  remove an inmate once assigned to the program except for the

 9  purposes of population management, for inmate conduct that may

10  subject the inmate to disciplinary confinement or loss of

11  gain-time, for physical or mental health concerns, or for

12  security or safety concerns. To support the programming

13  component, the department shall assign a chaplain and a

14  full-time clerical support person dedicated to each dormitory

15  to implement and monitor the program and to strengthen

16  volunteer participation and support. By January 1, 2004, the

17  department shall submit an evaluation report to the Governor,

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

19  Representatives on the faith-based dormitory program. The

20  report must contain the findings from an extensive and

21  scientifically sound evaluation of the program, including at

22  least a longitudinal followup of the inmates who have

23  successfully completed the program compared to other similar

24  inmates who have not participated and an opinion survey of the

25  faith-based service providers.

26         (4)  Effective October 1, 2001, The Department of

27  Corrections shall assign chaplains to community correctional

28  centers authorized pursuant to s. 945.091(1)(b). These

29  chaplains shall strengthen volunteer participation by

30  recruiting volunteers in the community to assist inmates in

31  transition, and, if requested by the inmate, placement in a


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 1  mentoring program or at a contracted substance abuse

 2  transition housing program. When placing an inmate in a

 3  contracted program, the chaplain shall work with the

 4  institutional transition assistance specialist in an effort to

 5  successfully place the released inmate.

 6  

 7         Reviser's note.--Amended to delete obsolete

 8         language.

 9  

10         Section 150.  Subsection (7) of section 948.09, Florida

11  Statutes, is amended to read:

12         948.09  Payment for cost of supervision and

13  rehabilitation.--

14         (7)  The department shall establish a payment plan for

15  all costs ordered by the courts for collection by the

16  department and a priority order for payments, except that

17  victim restitution payments authorized under s. 948.03(1)(e)

18  948.03(5) take precedence over all other court-ordered

19  payments. The department is not required to disburse

20  cumulative amounts of less than $10 to individual payees

21  established on this payment plan.

22  

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

24         facilitate correct interpretation. The

25         referenced material is found in s.

26         948.03(1)(e).

27  

28         Section 151.  Subsection (2) of section 948.30, Florida

29  Statutes, is amended to read:

30         948.30  Additional terms and conditions of probation or

31  community control for certain sex offenses.--Conditions


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 1  imposed pursuant to this section do not require oral

 2  pronouncement at the time of sentencing and shall be

 3  considered standard conditions of probation or community

 4  control for offenders specified in this section.

 5         (2)  Effective for a probationer or community

 6  controllee whose crime was committed on or after October 1,

 7  1997, and who is placed on sex offender probation for a

 8  violation of chapter 794, s. 800.04, s. 827.071, or s.

 9  847.0145, in addition to any other provision of this section

10  subsection, the court must impose the following conditions of

11  probation or community control:

12         (a)  As part of a treatment program, participation at

13  least annually in polygraph examinations to obtain information

14  necessary for risk management and treatment and to reduce the

15  sex offender's denial mechanisms. A polygraph examination must

16  be conducted by a polygrapher trained specifically in the use

17  of the polygraph for the monitoring of sex offenders, where

18  available, and shall be paid for by the sex offender. The

19  results of the polygraph examination shall not be used as

20  evidence in court to prove that a violation of community

21  supervision has occurred.

22         (b)  Maintenance of a driving log and a prohibition

23  against driving a motor vehicle alone without the prior

24  approval of the supervising officer.

25         (c)  A prohibition against obtaining or using a post

26  office box without the prior approval of the supervising

27  officer.

28         (d)  If there was sexual contact, a submission to, at

29  the probationer's or community controllee's expense, an HIV

30  test with the results to be released to the victim or the

31  victim's parent or guardian.


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 1         (e)  Electronic monitoring when deemed necessary by the

 2  community control or probation officer and his or her

 3  supervisor, and ordered by the court at the recommendation of

 4  the Department of Corrections.

 5  

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

 7         facilitate correct interpretation. The

 8         referenced subsection was s. 948.03(5), which

 9         was redesignated as s. 948.30 by s. 18, ch.

10         2004-373, Laws of Florida.

11  

12         Section 152.  Paragraph (a) of subsection (5) of

13  section 957.07, Florida Statutes, is amended to read:

14         957.07  Cost-saving requirements.--

15         (5)(a)  By February 1, 2002, and each year thereafter,

16  the Prison Per-Diem Workgroup shall develop consensus per diem

17  rates to be used when determining per diem rates of privately

18  operated prisons. The Office of Program Policy Analysis and

19  Government Accountability, the Office of the Auditor General,

20  and the staffs of the appropriations committees of both the

21  Senate and the House of Representatives are the principals of

22  the workgroup. The workgroup may consult with other experts to

23  assist in the development of the consensus per diem rates. All

24  meetings of the workgroup shall be open to the public as

25  provided in chapter 286.

26  

27         Reviser's note.--Amended to delete obsolete

28         language.

29  

30         Section 153.  Subsection (4) of section 958.045,

31  Florida Statutes, is amended to read:


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 1         958.045  Youthful offender basic training program.--

 2         (4)  Upon admittance to the department, an educational

 3  and substance abuse assessment shall be performed on each

 4  youthful offender. Upon admittance to the basic training

 5  program, each offender shall have a full substance abuse

 6  assessment to determine the offender's need for substance

 7  abuse treatment. The educational assessment shall be

 8  accomplished through the aid of the Test of Adult Basic

 9  Education or any other testing instrument approved by the

10  Department of Education, as appropriate. Each offender who has

11  not obtained a high school diploma shall be enrolled in an

12  adult education program designed to aid the offender in

13  improving his or her academic skills and earning a high school

14  diploma. Further assessments of the prior vocational skills

15  and future career vocational education shall be provided to

16  the offender. A periodic evaluation shall be made to assess

17  the progress of each offender, and upon completion of the

18  basic training program the assessment and information from the

19  department's record of each offender shall be transferred to

20  the appropriate community residential program.

21  

22         Reviser's note.--Reenacted to conform to ch.

23         2004-357, Laws of Florida.

24  

25         Section 154.  Subsection (12) of section 985.404,

26  Florida Statutes, is repealed.

27  

28         Reviser's note.--Repealed to delete a provision

29         that has served its purpose. The referenced

30         workgroup's recommendations regarding

31         development of a classification and placement


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 1         system for juvenile offenders committed to

 2         residential programs was due by September 30,

 3         2001.

 4  

 5         Section 155.  Section 1009.765, Florida Statutes, is

 6  amended to read:

 7         1009.765  Ethics in Business scholarships for community

 8  colleges and independent postsecondary educational

 9  institutions.--When the former Department of Insurance or the

10  Office of Insurance Regulation of the Financial Services

11  Commission receives a $6 million settlement as specified in

12  the Consent Order of the Treasurer and Insurance Commissioner,

13  case number 18900-96-c, that portion of the $6 million not

14  used to satisfy the requirements of section 18 of the Consent

15  Order must be transferred from the Insurance Regulatory Trust

16  Fund to the State Student Financial Assistance Trust Fund to

17  be is appropriated from the State Student Financial Assistance

18  Trust Fund to provide Ethics in Business scholarships to

19  students enrolled in public community colleges and independent

20  postsecondary educational institutions eligible to participate

21  in the William L. Boyd, IV, Florida Resident Access Grant

22  Program under s. 1009.89. The funds shall be allocated to

23  institutions for scholarships in the following ratio:

24  Two-thirds for community colleges and one-third for eligible

25  independent institutions. The Department of Education shall

26  administer the scholarship program for students attending

27  community colleges and independent institutions. These funds

28  must be allocated to institutions that provide an equal amount

29  of matching funds generated by private donors for the purpose

30  of providing Ethics in Business scholarships. Public funds may

31  not be used to provide the match, nor may funds collected for


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 1  other purposes. Notwithstanding any other provision of law,

 2  the State Board of Administration shall have the authority to

 3  invest the funds appropriated under this section. The State

 4  Board of Education may adopt rules for administration of the

 5  program.

 6  

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

 8         Section 20.13, which created the Department of

 9         Insurance, was repealed by s. 3, ch. 2003-1,

10         Laws of Florida, and the duties of the

11         Department of Insurance were transferred to the

12         Department of Financial Services or the

13         Financial Services Commission. The words "to

14         be" were substituted for the word "is" to

15         facilitate correct interpretation.

16  

17         Section 156.  Paragraph (h) of subsection (7) of

18  section 1012.796, Florida Statutes, is amended to read:

19         1012.796  Complaints against teachers and

20  administrators; procedure; penalties.--

21         (7)  A panel of the commission shall enter a final

22  order either dismissing the complaint or imposing one or more

23  of the following penalties:

24         (h)  Refer the teacher, administrator administer, or

25  supervisor to the recovery network program provided in s.

26  1012.798 under such terms and conditions as the commission may

27  specify.

28  

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

30         facilitate correct interpretation.

31  


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