HB 7011

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	7.11, 7.13, 7.44, 11.904, 11.908, 15.0395, 20.23, 26.021,
4	26.32, 30.071, 35.05, 39.0132, 92.05, 99.012, 106.023,
5	106.0706, 112.324, 120.545, 121.051, 121.091, 121.121,
6	121.4501, 124.01, 125.901, 159.804, 163.06, 163.3182,
7	163.32465, 163.430, 166.271, 171.071, 171.205, 190.005,
8	192.0105, 198.13, 200.001, 202.20, 212.08, 215.555,
9	215.5586, 218.415, 222.25, 250.83, 253.033, 253.034,
10	257.38, 258.001, 258.11, 258.12, 258.39, 258.397,
11	286.0111, 288.0655, 288.1223, 288.1254, 288.8175,
12	288.9015, 288.90151, 288.9551, 288.975, 316.003, 320.0805,
13	322.34, 323.001, 328.07, 337.0261, 338.231, 339.175,
14	343.92, 348.243, 364.02, 367.171, 369.255, 370.142,
15	370.172, 372.09, 373.026, 373.073, 373.1501, 373.1502,
16	373.1961, 373.414, 373.4211, 373.4592, 373.4595, 373.470,
17	373.472, 376.308, 377.42, 381.0273, 381.0404, 381.92,
18	383.412, 390.012, 390.014, 390.018, 393.23, 395.402,
19	400.063, 400.0712, 400.506, 400.995, 403.031, 403.201,
20	403.707, 403.890, 403.8911, 403.973, 408.032, 409.166,
21	409.1677, 409.25661, 413.271, 420.5095, 420.9076, 429.35,
22	429.907, 440.3851, 445.004, 446.43, 468.832, 468.8419,
23	468.842, 477.0135, 481.215, 481.313, 487.048, 489.115,
24	489.127, 489.517, 489.531, 497.172, 497.271, 497.466,
25	500.148, 501.022, 501.976, 553.73, 553.791, 610.104,
26	617.0802, 624.316, 627.0628, 627.06292, 627.311, 627.351,
27	627.3511, 627.4133, 627.701, 627.7261, 627.736, 628.461,
28	628.4615, 633.01, 633.025, 660.417, 736.0802, 741.3165,
29	744.1076, 812.1725, 817.625, 832.062, 921.0022, 932.701,
30	940.05, 943.0314, 943.32, 943.35, 947.06, 1001.11,
31	1001.215, 1001.395, 1002.35, 1002.39, 1002.72, 1003.4156,
32	1003.428, 1004.43, 1004.4472, 1004.55, 1004.76, 1005.38,
33	1008.25, 1008.345, 1009.01, 1009.24, 1009.98, 1011.48,
34	1012.61, 1012.875, and 1013.73, F.S.; and reenacting ss.
35	215.559 and 338.165, F.S.; pursuant to s. 11.242, F.S.;
36	deleting provisions that have expired, have become
37	obsolete, have had their effect, have served their
38	purpose, or have been impliedly repealed or superseded;
39	replacing incorrect cross-references and citations;
40	correcting grammatical, typographical, and like errors;
41	removing inconsistencies, redundancies, and unnecessary
42	repetition in the statutes; improving the clarity of the
43	statutes and facilitating their correct interpretation;
44	and confirming the restoration of provisions
45	unintentionally omitted from republication in the acts of
46	the Legislature during the amendatory process; providing
47	an effective date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Section 7.11, Florida Statutes, is amended to
52	read:
53	7.11  Collier County.--The boundary lines of Collier County
54	are as follows: Beginning where the north line to township
55	forty-eight south extended westerly intersects the western
56	boundary of the State of Florida in the waters of the Gulf of
57	Mexico; thence easterly on said township line to the northwest
58	corner of section four of township forty-eight south of range
59	twenty-five east; thence south to the northwest corner of
60	section nine of said township and range; thence east to the
61	eastern boundary line of range twenty-six east; thence north on
62	said range line to the northwest corner of township forty-seven
63	south of range twenty-seven east; thence east on the north line
64	of township forty-seven south to the east line of range twenty-
65	seven east; thence north on said range line to the north line of
66	township forty-six south; thence east on the north line of
67	township forty-six south to the east line of range thirty east;
68	thence south on said range line to the north line of township
69	forty-nine south; thence east on the north line of said township
70	forty-nine south to the east line of range thirty-four east and
71	the west boundary of Broward County; thence south on said range
72	line, concurrent with the west boundary of Broward and Miami-
73	Dade Dade Counties, to the point of intersection with the south
74	line of township fifty-three south; thence west on the south
75	line of said township fifty-three south to where that line
76	extended intersects the western boundary of the State of Florida
77	in the waters of the Gulf of Mexico; thence northwesterly and
78	along the waters of said Gulf of Mexico, including the waters of
79	said gulf within the jurisdiction of the State of Florida, to
80	the point of beginning.
81	Reviser's note.--Amended to conform to the redesignation of
82	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
83	Dade County Code.
84	Section 2.  Section 7.13, Florida Statutes, is amended to
85	read:
86	7.13  Miami-Dade Dade County.--The boundary lines of Miami-
87	Dade Dade County are as follows: Beginning at the southwest
88	corner of township fifty-one south, range thirty-five east;
89	thence east following the south line of township fifty-one
90	south, across ranges thirty-five, thirty-six, thirty-seven,
91	thirty-eight, thirty-nine and forty east, to the southwest
92	corner of township fifty-one south, range forty-one east; thence
93	north on the range line dividing ranges forty and forty-one east
94	to the northwest corner of section thirty-one, township fifty-
95	one south, range forty-one east; thence east on the north
96	boundary of said section thirty-one and other sections to the
97	waters of the Atlantic Ocean; thence easterly to the eastern
98	boundary of the State of Florida; thence southward along the
99	coast, including the waters of the Atlantic Ocean and the gulf
100	stream within the jurisdiction of the State of Florida, to a
101	point on the reefs of Florida immediately opposite the mouth of
102	Broad Creek (a stream separating Cayo Lago from Old Rhodes Key);
103	thence in a direct line through the middle of said stream to a
104	point east of Mud Point, said point being located on the east
105	line of the west one half of section seven, township fifty-nine
106	south, range forty east, at a distance of two thousand three
107	hundred feet, more or less, south of the northeast corner of the
108	west one half of said section seven being a point on the
109	existing Miami-Dade Dade County boundary line as established by
110	s. 7.13; thence run southerly along the east line of the west
111	one half of said section seven, township fifty-nine south, range
112	forty east, to a point two thousand feet, more or less, north of
113	the south line of said section seven; thence run westerly along
114	a line parallel to the south line of said section seven, through
115	the open water midway between two islands lying in the west one
116	half of said section seven to a point on the west line of
117	section seven, township fifty-nine south, range forty east;
118	thence run southerly for a distance of two thousand feet, more
119	or less, to the southwest corner of said section seven; thence
120	run southerly along the west line of section eighteen, township
121	fifty-nine south, range forty east, to the southwest corner of
122	said section eighteen; thence run in a southwesterly direction
123	along a straight line to the southwest corner of section twenty-
124	four, township fifty-nine south, range thirty-nine east; thence
125	run southerly along the east line of section twenty-six,
126	township fifty-nine south, range thirty-nine east, to the
127	southeast corner of said section twenty-six; thence run
128	southerly along the east line of section thirty-five, township
129	fifty-nine south, range thirty-nine east, to a point of
130	intersection with a line drawn parallel with the north line of
131	said section thirty-five and through the open water midway
132	between Main and Short Key; thence run westerly along a line
133	parallel to the north line of said section thirty-five, through
134	the open water midway between Main and Short Key to a point on
135	the west line of section thirty-five and a point on the east
136	line of section thirty-four, township fifty-nine south, range
137	thirty-nine east; thence run southwesterly in a straight line to
138	the southwest corner of the southeast quarter of said section
139	thirty-four and the northeast corner of the northwest quarter of
140	section three, township sixty south, range thirty-nine east;
141	thence run southerly along the east line of the northwest
142	quarter of said section three to the southeast corner of the
143	northwest quarter of said section three; thence run westerly
144	along the south line of the northwest quarter of said section
145	three to the southwest corner of the northwest quarter of said
146	section three; thence run westerly to a point on the northerly
147	bank of Manatee Creek at the easterly mouth of said Manatee
148	Creek; thence run westerly meandering the northerly bank of
149	Manatee Creek to the intersection thereof with the west right-
150	of-way line of United States Highway No. 1, said right-of-way
151	line being the east boundary of the Everglades National Park and
152	said north bank of Manatee Creek being the southerly line of the
153	mainland of the State of Florida and the existing boundary line
154	between Miami-Dade Dade County and Monroe County; thence along
155	the mainland to the range line between ranges thirty-four and
156	thirty-five east, thence due north on said range line to place
157	of beginning. However, the boundary lines of Miami-Dade Dade
158	County shall not include the following: Begin at the northwest
159	corner of section thirty-five, township fifty-one south, range
160	forty-two east, Miami-Dade Dade County, Florida; thence,
161	southerly following the west line of section thirty-five,
162	township fifty-one south, range forty-two east to the
163	intersection with a line which is two hundred and thirty feet
164	south of and parallel to the north line of section thirty-five,
165	township fifty-one south, range forty-two east; thence, easterly
166	following the line which is two hundred and thirty feet south of
167	and parallel to the north line of section thirty-five, township
168	fifty-one south, range forty-two east, to the intersection with
169	the west boundary line of the Town of Golden Beach; thence,
170	northerly following the west boundary line of the Town of Golden
171	Beach to the intersection with the north line of section thirty-
172	five, township fifty-one south, range forty-two east; thence,
173	westerly following the north line of section thirty-five,
174	township fifty-one south, range forty-two east to the point of
175	beginning.
176	Reviser's note.--Amended to conform to the redesignation of
177	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
178	Dade County Code.
179	Section 3.  Section 7.44, Florida Statutes, is amended to
180	read:
181	7.44  Monroe County.--So much of the State of Florida as is
182	situated south of the County of Collier and west or south of the
183	County of Miami-Dade Dade, constitutes the County of Monroe.
184	Reviser's note.--Amended to conform to the redesignation of
185	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
186	Dade County Code.
187	Section 4.  Section 11.904, Florida Statutes, is amended to
188	read:
189	11.904  Staff.--The Senate and the House of Representatives
190	may each employ staff to work for the joint committee on matters
191	related to joint committee activities. The Office of Program
192	Policy Analysis and Government Accountability shall provide
193	primary research services as directed by the committee and the
194	joint committee and assist the committee in conducting the
195	reviews under s. 11.907 11.910. Upon request, the Auditor
196	General shall assist the committees and the joint committee.
197	Reviser's note.--Amended to improve clarity and facilitate
198	correct interpretation. Section 11.907 references the
199	legislative reviews, and s. 11.910 references information
200	for the reviews.
201	Section 5.  Subsection (4) of section 11.908, Florida
202	Statutes, is amended to read:
203	11.908  Committee duties.--No later than March 1 of the
204	year in which a state agency or its advisory committees are
205	scheduled to be reviewed, the committee shall and the joint
206	committee may:
207	(4)  Present to the President of the Senate and the Speaker
208	of the House of Representatives a report on the agencies and
209	advisory committees scheduled to be reviewed that year by the
210	Legislature. In the report, the committee shall include its
211	specific findings and recommendations regarding the information
212	considered pursuant to s. 11.910, make recommendations as
213	described in s. 11.911, and propose legislation as it considers
214	necessary. In the joint committee report, the joint committee
215	shall include its specific findings and recommendations
216	regarding the information considered pursuant to s. 11.910 11.90
217	and make recommendations as described in s. 11.911.
218	Reviser's note.--Amended to confirm substitution by the
219	editors of a reference to s. 11.910 for a reference to s.
220	11.90 to conform to context. Section 11.90 relates to the
221	Legislative Budget Commission; s. 11.910 relates to
222	information relevant in determining whether a public need
223	exists for continuation of a state agency.
224	Section 6.  Section 15.0395, Florida Statutes, is amended
225	to read:
226	15.0395  Official festival.--The festival "Calle Ocho-Open
227	House 8," a Florida historical festival presented annually by
228	the Kiwanis Club of Little Havana and the Hispanic citizens of
229	Miami-Dade Dade County, is hereby recognized as a festival of
230	Florida.
231	Reviser's note.--Amended to conform to the redesignation of
232	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
233	Dade County Code.
234	Section 7.  Paragraph (a) of subsection (4) of section
235	20.23, Florida Statutes, is amended to read:
236	20.23  Department of Transportation.--There is created a
237	Department of Transportation which shall be a decentralized
238	agency.
239	(4)(a)  The operations of the department shall be organized
240	into seven districts, each headed by a district secretary and a
241	turnpike enterprise, headed by an executive director. The
242	district secretaries and the turnpike executive director shall
243	be registered professional engineers in accordance with the
244	provisions of chapter 471 or, in lieu of professional engineer
245	registration, a district secretary or turnpike executive
246	director may hold an advanced degree in an appropriate related
247	discipline, such as a Master of Business Administration. The
248	headquarters of the districts shall be located in Polk,
249	Columbia, Washington, Broward, Volusia, Miami-Dade Dade, and
250	Hillsborough Counties. The headquarters of the turnpike
251	enterprise shall be located in Orange County. In order to
252	provide for efficient operations and to expedite the
253	decisionmaking process, the department shall provide for maximum
254	decentralization to the districts.
255	Reviser's note.--Amended to conform to the redesignation of
256	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
257	Dade County Code.
258	Section 8.  Subsection (11) of section 26.021, Florida
259	Statutes, is amended to read:
260	26.021  Judicial circuits; judges.--
261	(11)  The eleventh circuit is composed of Miami-Dade Dade
262	County.
263
264	The judicial nominating commission of each circuit, in
265	submitting nominations for any vacancy in a judgeship, and the
266	Governor, in filling any vacancy for a judgeship, shall consider
267	whether the existing judges within the circuit, together with
268	potential nominees or appointees, reflect the geographic
269	distribution of the population within the circuit, the
270	geographic distribution of the caseload within the circuit, the
271	racial and ethnic diversity of the population within the
272	circuit, and the geographic distribution of the racial and
273	ethnic minority population within the circuit.
274	Reviser's note.--Amended to conform to the redesignation of
275	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
276	Dade County Code.
277	Section 9.  Section 26.32, Florida Statutes, is amended to
278	read:
279	26.32  Eleventh Judicial Circuit.--
280
281	SPRING TERM.
282
283	Miami-Dade Dade County, second Tuesday in May.
284
285	FALL TERM.
286
287	Miami-Dade Dade County, second Tuesday in November.
288	Reviser's note.--Amended to conform to the redesignation of
289	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
290	Dade County Code.
291	Section 10.  Paragraph (b) of subsection (1) of section
292	30.071, Florida Statutes, is amended to read:
293	30.071  Applicability and scope of act.--
294	(1)  This act applies to all deputy sheriffs, with the
295	following exceptions:
296	(b)  Deputy sheriffs in a county that, by special act of
297	the Legislature, local charter, ordinance, or otherwise, has
298	established a civil or career service system which grants
299	collective bargaining rights for deputy sheriffs, including, but
300	not limited to, deputy sheriffs in the following counties:
301	Broward, Miami-Dade Dade, Duval, Escambia, and Volusia.
302	Reviser's note.--Amended to conform to the redesignation of
303	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
304	Dade County Code.
305	Section 11.  Subsection (1) of section 35.05, Florida
306	Statutes, is amended to read:
307	35.05  Headquarters.--
308	(1)  The headquarters of the First Appellate District shall
309	be in the Second Judicial Circuit, Tallahassee, Leon County; of
310	the Second Appellate District in the Tenth Judicial Circuit,
311	Lakeland, Polk County; of the Third Appellate District in the
312	Eleventh Judicial Circuit, Miami-Dade Dade County; of the Fourth
313	Appellate District in the Fifteenth Judicial Circuit, Palm Beach
314	County; and the Fifth Appellate District in the Seventh Judicial
315	Circuit, Daytona Beach, Volusia County.
316	Reviser's note.--Amended to conform to the redesignation of
317	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
318	Dade County Code.
319	Section 12.  Paragraph (a) of subsection (4) of section
320	39.0132, Florida Statutes, is amended to read:
321	39.0132  Oaths, records, and confidential information.--
322	(4)(a)1.  All information obtained pursuant to this part in
323	the discharge of official duty by any judge, employee of the
324	court, authorized agent of the department, correctional
325	probation officer, or law enforcement agent is confidential and
326	exempt from s. 119.07(1) and may not be disclosed to anyone
327	other than the authorized personnel of the court, the department
328	and its designees, correctional probation officers, law
329	enforcement agents, guardian ad litem, and others entitled under
330	this chapter to receive that information, except upon order of
331	the court.
332	2.  Any information related to the best interests of a
333	child, as determined by a guardian ad litem, which is held by a
334	guardian ad litem, including but not limited to medical, mental
335	health, substance abuse, child care, education, law enforcement,
336	court, social services, and financial records; and any other
337	information maintained by a guardian ad litem which is
338	identified as confidential information under this chapter; is
339	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
340	of the State Constitution. Such confidential and exempt
341	information may not be disclosed to anyone other than the
342	authorized personnel of the court, the department and its
343	designees, correctional probation officers, law enforcement
344	agents, guardians ad litem, and others entitled under this
345	chapter to receive that information, except upon order of the
346	court. This subparagraph is subject to the Open Government
347	Sunset Review Act of 1995 in accordance with s. 119.15, and
348	shall stand repealed on October 2, 2010, unless reviewed and
349	saved from repeal through reenactment by the Legislature.
350	Reviser's note.--Amended to conform to the renaming of the
351	"Open Government Sunset Review Act of 1995" as the "Open
352	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
353	of Florida.
354	Section 13.  Section 92.05, Florida Statutes, is amended to
355	read:
356	92.05  Final judgments and decrees of courts of
357	record.--All final judgments and decrees heretofore or hereafter
358	rendered and entered in courts of record of this state, and
359	certified copies thereof, shall be admissible as prima facie
360	evidence in the several courts of this state of the entry and
361	validity of such judgments and decrees. For the purposes of this
362	section, a court of record shall be taken and construed to mean
363	any court other than a municipal court or the Metropolitan Court
364	of Miami-Dade Dade County.
365	Reviser's note.--Amended to conform to the redesignation of
366	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
367	Dade County Code.
368	Section 14.  Subsection (7) of section 99.012, Florida
369	Statutes, is amended to read:
370	99.012  Restrictions on individuals qualifying for public
371	office.--
372	(7)  Nothing contained in subsection (3) subsections (3)
373	and (4) relates to persons holding any federal office.
374	Reviser's note.--Amended to conform to the repeal of the
375	referenced s. 99.012(4) by s. 14, ch. 2007-30, Laws of
376	Florida.
377	Section 15.  Subsection (2) of section 106.023, Florida
378	Statutes, is amended to read:
379	106.023  Statement of candidate.--
380	(2)  The execution and filing of the statement of candidate
381	does not in and of itself create a presumption that any
382	violation of this chapter or chapter 104 is a willful violation
383	as defined in s. 106.37.
384	Reviser's note.--Amended to conform to the repeal of s.
385	106.37 by s. 51, ch. 2007-30, Laws of Florida.
386	Section 16.  Section 106.0706, Florida Statutes, is amended
387	to read:
388	106.0706  Electronic filing of campaign finance reports;
389	confidentiality of information and draft reports.--All user
390	identifications and passwords held by the Department of State
391	pursuant to s. 106.0705 are confidential and exempt from s.
392	119.07(1) and s. 24(a), Art. I of the State Constitution. All
393	records, reports, and files stored in the electronic filing
394	system pursuant to s. 106.0705 are exempt from s. 119.07(1) and
395	s. 24(a), Art. I of the State Constitution until such time as
396	the report has been submitted as a filed report. This section is
397	subject to the Open Government Sunset Review Act of 1995 in
398	accordance with s. 119.15 and shall stand repealed on October 2,
399	2009, unless reviewed and saved from repeal through reenactment
400	by the Legislature.
401	Reviser's note.--Amended to conform to the renaming of the
402	"Open Government Sunset Review Act of 1995" as the "Open
403	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
404	of Florida.
405	Section 17.  Paragraph (b) of subsection (2) of section
406	112.324, Florida Statutes, is amended to read:
407	112.324  Procedures on complaints of violations; public
408	records and meeting exemptions.--
409	(2)
410	(b)  Paragraph (a) is subject to the Open Government Sunset
411	Review Act of 1995 in accordance with s. 119.15 and shall stand
412	repealed on October 2, 2010, unless reviewed and saved from
413	repeal through reenactment by the Legislature.
414	Reviser's note.--Amended to conform to the renaming of the
415	"Open Government Sunset Review Act of 1995" as the "Open
416	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
417	of Florida.
418	Section 18.  Subsection (9) of section 120.545, Florida
419	Statutes, is amended to read:
420	120.545  Committee review of agency rules.--
421	(9)  If the committee objects to a proposed or existing
422	rule and the agency refuses to modify, amend, withdraw, or
423	repeal the rule, the committee shall file with the Department of
424	State a notice of the objection, detailing with particularity
425	its objection to the rule. The Department of State shall publish
426	this notice in the Florida Administrative Weekly and shall
427	publish, as a history note to the rule in the Florida
428	Administrative Code, a reference to the committee's objection
429	and to the issue of the Florida Administrative Weekly in which
430	the full text thereof appears.
431	Reviser's note.--Amended to confirm the insertion of the
432	words "Florida Administrative" by the editors to reference
433	the complete name of the publication.
434	Section 19.  Paragraph (c) of subsection (2) of section
435	121.051, Florida Statutes, is amended to read:
436	121.051  Participation in the system.--
437	(2)  OPTIONAL PARTICIPATION.--
438	(c)  Employees of public community colleges or charter
439	technical career centers sponsored by public community colleges,
440	as designated in s. 1000.21(3), who are members of the Regular
441	Class of the Florida Retirement System and who comply with the
442	criteria set forth in this paragraph and in s. 1012.875 may
443	elect, in lieu of participating in the Florida Retirement
444	System, to withdraw from the Florida Retirement System
445	altogether and participate in an optional retirement program
446	provided by the employing agency under s. 1012.875, to be known
447	as the State Community College System Optional Retirement
448	Program. Pursuant thereto:
449	1.  Through June 30, 2001, the cost to the employer for
450	such annuity shall equal the normal cost portion of the employer
451	retirement contribution which would be required if the employee
452	were a member of the Regular Class defined benefit program, plus
453	the portion of the contribution rate required by s. 112.364(8)
454	that would otherwise be assigned to the Retiree Health Insurance
455	Subsidy Trust Fund. Effective July 1, 2001, each employer shall
456	contribute on behalf of each participant in the optional program
457	an amount equal to 10.43 percent of the participant's gross
458	monthly compensation. The employer shall deduct an amount to
459	provide for the administration of the optional retirement
460	program. The employer providing the optional program shall
461	contribute an additional amount to the Florida Retirement System
462	Trust Fund equal to the unfunded actuarial accrued liability
463	portion of the Regular Class contribution rate.
464	2.  The decision to participate in such an optional
465	retirement program shall be irrevocable for as long as the
466	employee holds a position eligible for participation, except as
467	provided in subparagraph 3. Any service creditable under the
468	Florida Retirement System shall be retained after the member
469	withdraws from the Florida Retirement System; however,
470	additional service credit in the Florida Retirement System shall
471	not be earned while a member of the optional retirement program.
472	3.  An employee who has elected to participate in the
473	optional retirement program shall have one opportunity, at the
474	employee's discretion, to choose to transfer from the optional
475	retirement program to the defined benefit program of the Florida
476	Retirement System or to the Public Employee Optional Retirement
477	Program, subject to the terms of the applicable optional
478	retirement program contracts.
479	a.  If the employee chooses to move to the Public Employee
480	Optional Retirement Program, any contributions, interest, and
481	earnings creditable to the employee under the State Community
482	College System Optional Retirement Program shall be retained by
483	the employee in the State Community College System Optional
484	Retirement Program, and the applicable provisions of s.
485	121.4501(4) shall govern the election.
486	b.  If the employee chooses to move to the defined benefit
487	program of the Florida Retirement System, the employee shall
488	receive service credit equal to his or her years of service
489	under the State Community College System Optional Retirement
490	Program.
491	(I)  The cost for such credit shall be an amount
492	representing the present value of that employee's accumulated
493	benefit obligation for the affected period of service. The cost
494	shall be calculated as if the benefit commencement occurs on the
495	first date the employee would become eligible for unreduced
496	benefits, using the discount rate and other relevant actuarial
497	assumptions that were used to value the Florida Retirement
498	System defined benefit plan liabilities in the most recent
499	actuarial valuation. The calculation shall include any service
500	already maintained under the defined benefit plan in addition to
501	the years under the State Community College System Optional
502	Retirement Program. The present value of any service already
503	maintained under the defined benefit plan shall be applied as a
504	credit to total cost resulting from the calculation. The
505	division shall ensure that the transfer sum is prepared using a
506	formula and methodology certified by an enrolled actuary.
507	(II)  The employee must transfer from his or her State
508	Community College System Optional Retirement Program account and
509	from other employee moneys as necessary, a sum representing the
510	present value of that employee's accumulated benefit obligation
511	immediately following the time of such movement, determined
512	assuming that attained service equals the sum of service in the
513	defined benefit program and service in the State Community
514	College System Optional Retirement Program.
515	4.  Participation in the optional retirement program shall
516	be limited to those employees who satisfy the following
517	eligibility criteria:
518	a.  The employee must be otherwise eligible for membership
519	or renewed membership in the Regular Class of the Florida
520	Retirement System, as provided in s. 121.021(11) and (12) or s.
521	121.122.
522	b.  The employee must be employed in a full-time position
523	classified in the Accounting Manual for Florida's Public
524	Community Colleges as:
525	(I)  Instructional; or
526	(II)  Executive Management, Instructional Management, or
527	Institutional Management, if a community college determines that
528	recruiting to fill a vacancy in the position is to be conducted
529	in the national or regional market, and:
530	(A)  The duties and responsibilities of the position
531	include either the formulation, interpretation, or
532	implementation of policies; or
533	(B)  The duties and responsibilities of the position
534	include the performance of functions that are unique or
535	specialized within higher education and that frequently involve
536	the support of the mission of the community college.
537	c.  The employee must be employed in a position not
538	included in the Senior Management Service Class of the Florida
539	Retirement System, as described in s. 121.055.
540	5.  Participants in the program are subject to the same
541	reemployment limitations, renewed membership provisions, and
542	forfeiture provisions as are applicable to regular members of
543	the Florida Retirement System under ss. 121.091(9), 121.122, and
544	121.091(5), respectively.
545	6.  Eligible community college employees shall be
546	compulsory members of the Florida Retirement System until,
547	pursuant to the procedures set forth in s. 1012.875, a written
548	election to withdraw from the Florida Retirement System and to
549	participate in the State Community College System Optional
550	Retirement Program is filed with the program administrator and
551	received by the division.
552	a.  Any community college employee whose program
553	eligibility results from initial employment shall be enrolled in
554	the State Community College System Optional Retirement Program
555	retroactive to the first day of eligible employment. The
556	employer retirement contributions paid through the month of the
557	employee plan change shall be transferred to the community
558	college for the employee's optional program account, and,
559	effective the first day of the next month, the employer shall
560	pay the applicable contributions based upon subparagraph 1.
561	b.  Any community college employee whose program
562	eligibility results from a change in status due to the
563	subsequent designation of the employee's position as one of
564	those specified in subparagraph 4. or due to the employee's
565	appointment, promotion, transfer, or reclassification to a
566	position specified in subparagraph 4. shall be enrolled in the
567	program upon the first day of the first full calendar month that
568	such change in status becomes effective. The employer retirement
569	contributions paid from the effective date through the month of
570	the employee plan change shall be transferred to the community
571	college for the employee's optional program account, and,
572	effective the first day of the next month, the employer shall
573	pay the applicable contributions based upon subparagraph 1.
574	7.  Effective July 1, 2003, through December 31, 2008, any
575	participant of the State Community College System Optional
576	Retirement Program who has service credit in the defined benefit
577	plan of the Florida Retirement System for the period between his
578	or her first eligibility to transfer from the defined benefit
579	plan to the optional retirement program and the actual date of
580	transfer may, during his or her employment, elect to transfer to
581	the optional retirement program a sum representing the present
582	value of the accumulated benefit obligation under the defined
583	benefit retirement program for such period of service credit.
584	Upon such transfer, all such service credit previously earned
585	under the defined benefit program of the Florida Retirement
586	System during this period shall be nullified for purposes of
587	entitlement to a future benefit under the defined benefit
588	program of the Florida Retirement System.
589	Reviser's note.--Amended to conform to the complete title
590	of the State Community College System Optional Retirement
591	Program as referenced in s. 1012.875.
592	Section 20.  Paragraph (c) of subsection (1) of section
593	121.091, Florida Statutes, is amended to read:
594	121.091  Benefits payable under the system.--Benefits may
595	not be paid under this section unless the member has terminated
596	employment as provided in s. 121.021(39)(a) or begun
597	participation in the Deferred Retirement Option Program as
598	provided in subsection (13), and a proper application has been
599	filed in the manner prescribed by the department. The department
600	may cancel an application for retirement benefits when the
601	member or beneficiary fails to timely provide the information
602	and documents required by this chapter and the department's
603	rules. The department shall adopt rules establishing procedures
604	for application for retirement benefits and for the cancellation
605	of such application when the required information or documents
606	are not received.
607	(1)  NORMAL RETIREMENT BENEFIT.--Upon attaining his or her
608	normal retirement date, the member, upon application to the
609	administrator, shall receive a monthly benefit which shall begin
610	to accrue on the first day of the month of retirement and be
611	payable on the last day of that month and each month thereafter
612	during his or her lifetime. The normal retirement benefit,
613	including any past or additional retirement credit, may not
614	exceed 100 percent of the average final compensation. The amount
615	of monthly benefit shall be calculated as the product of A and
616	B, subject to the adjustment of C, if applicable, as set forth
617	below:
618	(c)  C is the normal retirement benefit credit brought
619	forward as of November 30, 1970, by a former member of an
620	existing system. Such normal retirement benefit credit shall be
621	determined as the product of X and Y when X is the percentage of
622	average final compensation which the member would have been
623	eligible to receive if the member had attained his or her normal
624	retirement date as of November 30, 1970, all in accordance with
625	the existing system under which the member is covered on
626	November 30, 1970, and Y is average final compensation as
627	defined in s. 121.021(24) 121.021(25). However, any member of an
628	existing retirement system who is eligible to retire and who
629	does retire, become disabled, or die prior to April 15, 1971,
630	may have his or her retirement benefits calculated on the basis
631	of the best 5 of the last 10 years of service.
632	Reviser's note.--Amended to correct an erroneous reference
633	and conform to context. "Average final compensation" is
634	defined in s. 121.021(24).
635	Section 21.  Subsection (2) of section 121.121, Florida
636	Statutes, is amended to read:
637	121.121  Authorized leaves of absence.--
638	(2)  A member who is required to resign his or her office
639	as a subordinate officer, deputy sheriff, or police officer
640	because he or she is a candidate for a public office which is
641	currently held by his or her superior officer who is also a
642	candidate for reelection to the same office, in accordance with
643	s. 99.012(4) 99.012(5), shall, upon return to covered
644	employment, be eligible to purchase retirement credit for the
645	period between his or her date of resignation and the beginning
646	of the term of office for which he or she was a candidate as a
647	leave of absence without pay, as provided in subsection (1).
648	Reviser's note.--Amended to conform to the redesignation of
649	s. 99.012(5) as s. 99.012(4) by s. 14, ch. 2007-30, Laws of
650	Florida.
651	Section 22.  Paragraph (f) of subsection (2) and paragraph
652	(a) of subsection (4) of section 121.4501, Florida Statutes, are
653	amended to read:
654	121.4501  Public Employee Optional Retirement Program.--
655	(2)  DEFINITIONS.--As used in this part, the term:
656	(f)  "Eligible employee" means an officer or employee, as
657	defined in s. 121.021(11), who:
658	1.  Is a member of, or is eligible for membership in, the
659	Florida Retirement System, including any renewed member of the
660	Florida Retirement System; or
661	2.  Participates in, or is eligible to participate in, the
662	Senior Management Service Optional Annuity Program as
663	established under s. 121.055(6), the State Community College
664	System Optional Retirement Program as established under s.
665	121.051(2)(c), or the State University System Optional
666	Retirement Program established under s. 121.35.
667
668	The term does not include any member participating in the
669	Deferred Retirement Option Program established under s.
670	121.091(13) or a mandatory participant of the State University
671	System Optional Retirement Program established under s. 121.35.
672	(4)  PARTICIPATION; ENROLLMENT.--
673	(a)1.  With respect to an eligible employee who is employed
674	in a regularly established position on June 1, 2002, by a state
675	employer:
676	a.  Any such employee may elect to participate in the
677	Public Employee Optional Retirement Program in lieu of retaining
678	his or her membership in the defined benefit program of the
679	Florida Retirement System. The election must be made in writing
680	or by electronic means and must be filed with the third-party
681	administrator by August 31, 2002, or, in the case of an active
682	employee who is on a leave of absence on April 1, 2002, by the
683	last business day of the 5th month following the month the leave
684	of absence concludes. This election is irrevocable, except as
685	provided in paragraph (e). Upon making such election, the
686	employee shall be enrolled as a participant of the Public
687	Employee Optional Retirement Program, the employee's membership
688	in the Florida Retirement System shall be governed by the
689	provisions of this part, and the employee's membership in the
690	defined benefit program of the Florida Retirement System shall
691	terminate. The employee's enrollment in the Public Employee
692	Optional Retirement Program shall be effective the first day of
693	the month for which a full month's employer contribution is made
694	to the optional program.
695	b.  Any such employee who fails to elect to participate in
696	the Public Employee Optional Retirement Program within the
697	prescribed time period is deemed to have elected to retain
698	membership in the defined benefit program of the Florida
699	Retirement System, and the employee's option to elect to
700	participate in the optional program is forfeited.
701	2.  With respect to employees who become eligible to
702	participate in the Public Employee Optional Retirement Program
703	by reason of employment in a regularly established position with
704	a state employer commencing after April 1, 2002:
705	a.  Any such employee shall, by default, be enrolled in the
706	defined benefit retirement program of the Florida Retirement
707	System at the commencement of employment, and may, by the last
708	business day of the 5th month following the employee's month of
709	hire, elect to participate in the Public Employee Optional
710	Retirement Program. The employee's election must be made in
711	writing or by electronic means and must be filed with the third-
712	party administrator. The election to participate in the optional
713	program is irrevocable, except as provided in paragraph (e).
714	b.  If the employee files such election within the
715	prescribed time period, enrollment in the optional program shall
716	be effective on the first day of employment. The employer
717	retirement contributions paid through the month of the employee
718	plan change shall be transferred to the optional program, and,
719	effective the first day of the next month, the employer shall
720	pay the applicable contributions based on the employee
721	membership class in the optional program.
722	c.  Any such employee who fails to elect to participate in
723	the Public Employee Optional Retirement Program within the
724	prescribed time period is deemed to have elected to retain
725	membership in the defined benefit program of the Florida
726	Retirement System, and the employee's option to elect to
727	participate in the optional program is forfeited.
728	3.  With respect to employees who become eligible to
729	participate in the Public Employee Optional Retirement Program
730	pursuant to s. 121.051(2)(c)3. or s. 121.35(3)(i), any such
731	employee may elect to participate in the Public Employee
732	Optional Retirement Program in lieu of retaining his or her
733	participation in the State Community College System Optional
734	Retirement Program or the State University System Optional
735	Retirement Program. The election must be made in writing or by
736	electronic means and must be filed with the third-party
737	administrator. This election is irrevocable, except as provided
738	in paragraph (e). Upon making such election, the employee shall
739	be enrolled as a participant of the Public Employee Optional
740	Retirement Program, the employee's membership in the Florida
741	Retirement System shall be governed by the provisions of this
742	part, and the employee's participation in the State Community
743	College System Optional Retirement Program or the State
744	University System Optional Retirement Program shall terminate.
745	The employee's enrollment in the Public Employee Optional
746	Retirement Program shall be effective the first day of the month
747	for which a full month's employer contribution is made to the
748	optional program.
749	4.  For purposes of this paragraph, "state employer" means
750	any agency, board, branch, commission, community college,
751	department, institution, institution of higher education, or
752	water management district of the state, which participates in
753	the Florida Retirement System for the benefit of certain
754	employees.
755	Reviser's note.--Amended to conform to the complete title
756	of the State Community College System Optional Retirement
757	Program as referenced in s. 1012.875.
758	Section 23.  Subsection (5) of section 124.01, Florida
759	Statutes, is amended to read:
760	124.01  Division of counties into districts; county
761	commissioners.--
762	(5)  This section shall not apply to Miami-Dade Dade
763	County.
764	Reviser's note.--Amended to conform to the redesignation of
765	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
766	Dade County Code.
767	Section 24.  Paragraph (b) of subsection (11) of section
768	125.901, Florida Statutes, is amended to read:
769	125.901  Children's services; independent special district;
770	council; powers, duties, and functions.--
771	(11)
772	(b)  This subsection is subject to the Open Government
773	Sunset Review Act of 1995 in accordance with s. 119.15, and
774	shall stand repealed on October 2, 2009, unless reviewed and
775	saved from repeal through reenactment by the Legislature.
776	Reviser's note.--Amended to conform to the renaming of the
777	"Open Government Sunset Review Act of 1995" as the "Open
778	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
779	of Florida.
780	Section 25.  Paragraph (b) of subsection (2) of section
781	159.804, Florida Statutes, is amended to read:
782	159.804  Allocation of state volume limitation.--The
783	division shall annually determine the amount of private activity
784	bonds permitted to be issued in this state under the Code and
785	shall make such information available upon request to any person
786	or agency. The total amount of private activity bonds authorized
787	to be issued in this state pursuant to the Code shall be
788	initially allocated as follows on January 1 of each year:
789	(2)
790	(b)  The following regions are established for the purposes
791	of this allocation:
792	1.  Region 1 consisting of Bay, Escambia, Holmes, Okaloosa,
793	Santa Rosa, Walton, and Washington Counties.
794	2.  Region 2 consisting of Calhoun, Franklin, Gadsden,
795	Gulf, Jackson, Jefferson, Leon, Liberty, and Wakulla Counties.
796	3.  Region 3 consisting of Alachua, Bradford, Columbia,
797	Dixie, Gilchrist, Hamilton, Lafayette, Madison, Suwannee,
798	Taylor, and Union Counties.
799	4.  Region 4 consisting of Baker, Clay, Flagler, Nassau,
800	Putnam, and St. Johns Counties.
801	5.  Region 5 consisting of Citrus, Hernando, Levy, Marion,
802	Pasco, and Sumter Counties.
803	6.  Region 6 consisting of Lake, Osceola, and Seminole
804	Counties.
805	7.  Region 7 consisting of DeSoto, Hardee, Highlands,
806	Manatee, Okeechobee, and Polk Counties.
807	8.  Region 8 consisting of Charlotte, Collier, Glades,
808	Hendry, Lee, Monroe, and Sarasota Counties.
809	9.  Region 9 consisting of Indian River, Martin, and St.
810	Lucie Counties.
811	10.  Region 10 consisting of Broward County.
812	11.  Region 11 consisting of Miami-Dade Dade County.
813	12.  Region 12 consisting of Duval County.
814	13.  Region 13 consisting of Hillsborough County.
815	14.  Region 14 consisting of Orange County.
816	15.  Region 15 consisting of Palm Beach County.
817	16.  Region 16 consisting of Pinellas County.
818	17.  Region 17 consisting of Brevard and Volusia Counties.
819	Reviser's note.--Amended to conform to the redesignation of
820	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
821	Dade County Code.
822	Section 26.  Paragraph (a) of subsection (2) and paragraph
823	(e) of subsection (3) of section 163.06, Florida Statutes, are
824	amended to read:
825	163.06  Miami River Commission.--
826	(2)  The Miami River Commission shall consist of:
827	(a)  A policy committee comprised of the Governor, the
828	chair of the Miami-Dade County Dade delegation, the chair of the
829	governing board of the South Florida Water Management District,
830	the Miami-Dade County State Attorney, the Mayor of Miami, the
831	Mayor of Miami-Dade County, a commissioner of the City of Miami
832	Commission, a commissioner of the Miami-Dade County Commission,
833	the chair of the Miami River Marine Group, the chair of the
834	Marine Council, the Executive Director of the Downtown
835	Development Authority, and the chair of the Greater Miami
836	Chamber of Commerce; two neighborhood representatives, selected
837	from the Spring Garden Neighborhood Association, the Grove Park
838	Neighborhood Association, and the Miami River Neighborhood
839	Enhancement Corporation, one neighborhood representative to be
840	appointed by the city commission and one neighborhood
841	representative to be appointed by the county commission, each
842	selected from a list of three names submitted by each such
843	organization; one representative from an environmental or civic
844	association, appointed by the Governor; and three members-at-
845	large, who shall be persons who have a demonstrated history of
846	involvement on the Miami River through business, residence, or
847	volunteer activity, one appointed by the Governor, one appointed
848	by the city commission, and one appointed by the county
849	commission. All members shall be voting members. The committee
850	shall also include a member of the United States Congressional
851	delegation and the Captain of the Port of Miami as a
852	representative of the United States Coast Guard, as nonvoting,
853	ex officio members. The policy committee may meet monthly, but
854	shall meet at least quarterly.
855	(3)  The policy committee shall have the following powers
856	and duties:
857	(e)  Publicize a semiannual report describing
858	accomplishments of the commission and each member agency, as
859	well as the status of each pending task. The committee shall
860	distribute the report to the city and county commissions and
861	mayors, the Governor, chair of the Miami-Dade Dade County
862	delegation, stakeholders, and the local media.
863	Reviser's note.--Amended to conform to the redesignation of
864	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
865	Dade County Code.
866	Section 27.  Paragraph (d) of subsection (3) of section
867	163.3182, Florida Statutes, is amended to read:
868	163.3182  Transportation concurrency backlogs.--
869	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
870	AUTHORITY.--Each transportation concurrency backlog authority
871	has the powers necessary or convenient to carry out the purposes
872	of this section, including the following powers in addition to
873	others granted in this section:
874	(d)  To borrow money; to apply for and accept advances,
875	loans, grants, contributions, and any other forms of financial
876	assistance from the Federal Government or the state, county, or
877	any other public body or from any sources, public or private,
878	for the purposes of this part; to give such security as may be
879	required; to enter into and carry out contracts or agreements;
880	and to include in any contracts for financial assistance with
881	the Federal Government for or with respect to a transportation
882	concurrency backlog project and related activities such
883	conditions imposed pursuant to federal laws as the
884	transportation concurrency backlog authority considers
885	reasonable and appropriate and which are not inconsistent with
886	the purposes of this section.
887	Reviser's note.--Amended to confirm the insertion of the
888	word "to" by the editors.
889	Section 28.  Paragraph (a) of subsection (6) of section
890	163.32465, Florida Statutes, is amended to read:
891	163.32465  State review of local comprehensive plans in
892	urban areas.--
893	(6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
894	PROGRAM.--
895	(a)  Any "affected person" as defined in s. 163.3184(1)(a)
896	may file a petition with the Division of Administrative Hearings
897	pursuant to ss. 120.569 and 120.57, with a copy served on the
898	affected local government, to request a formal hearing to
899	challenge whether the amendments are "in compliance" as defined
900	in s. 163.3184(1)(b). This petition must be filed with the
901	Division within 30 days after the local government adopts the
902	amendment. The state land planning agency may intervene in a
903	proceeding instituted by an affected person.
904	Reviser's note.--Amended to confirm the insertion of the
905	word "agency" by the editors.
906	Section 29.  Section 163.430, Florida Statutes, is amended
907	to read:
908	163.430  Powers supplemental to existing community
909	redevelopment powers.--The powers conferred upon counties or
910	municipalities by this part shall be supplemental to any
911	community redevelopment powers now being exercised by any county
912	or municipality in accordance with the provisions of any
913	population act, special act, or under the provisions of the home
914	rule charter for Miami-Dade Dade County, or under the provision
915	of the charter of the consolidated City of Jacksonville.
916	Reviser's note.--Amended to conform to the redesignation of
917	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
918	Dade County Code.
919	Section 30.  Subsection (1) and paragraph (a) of subsection
920	(2) of section 166.271, Florida Statutes, are amended to read:
921	166.271  Surcharge on municipal facility parking fees.--
922	(1)  The governing authority of any municipality with a
923	resident population of 200,000 or more, more than 20 percent of
924	the real property of which is exempt from ad valorem taxes, and
925	which is located in a county with a population of more than
926	500,000 may impose and collect, subject to referendum approval
927	by voters in the municipality, a discretionary per vehicle
928	surcharge of up to 15 percent of the amount charged for the
929	sale, lease, or rental of space at parking facilities within the
930	municipality which are open for use to the general public and
931	which are not airports, seaports, county administration
932	buildings, or other projects as defined under ss. 125.011 and
933	125.015, provided that this surcharge shall not take effect
934	while any surcharge imposed pursuant to former s. 218.503(6)(a),
935	is in effect.
936	(2)  A municipal governing authority that imposes the
937	surcharge authorized by this subsection may use the proceeds of
938	such surcharge for the following purposes only:
939	(a)  No less than 60 percent and no more than 80 percent of
940	surcharge proceeds shall be used to reduce the municipality's ad
941	valorem tax millage or to reduce or eliminate non-ad valorem
942	assessments, unless the municipality has previously used the
943	proceeds from the surcharge levied under former s. 218.503(6)(b)
944	to reduce the municipality's ad valorem tax millage or to reduce
945	non-ad valorem assessments.
946	Reviser's note.--Amended to conform to the repeal of s.
947	218.503(6) by s. 6, ch. 2007-6, Laws of Florida.
948	Section 31.  Section 171.071, Florida Statutes, is amended
949	to read:
950	171.071  Effect in Miami-Dade Dade County.--Municipalities
951	within the boundaries of Miami-Dade Dade County shall adopt
952	annexation or contraction ordinances pursuant to methods
953	established by the home rule charter established pursuant to s.
954	6(e), Art. VIII of the State Constitution.
955	Reviser's note.--Amended to conform to the redesignation of
956	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
957	Dade County Code.
958	Section 32.  Subsection (2) of section 171.205, Florida
959	Statutes, is amended to read:
960	171.205  Consent requirements for annexation of land under
961	this part.--Notwithstanding part I, an interlocal service
962	boundary agreement may provide a process for annexation
963	consistent with this section or with part I.
964	(2)  If the area to be annexed includes a privately owned
965	solid waste disposal facility as defined in s. 403.703(33)
966	403.703(11) which receives municipal solid waste collected
967	within the jurisdiction of multiple local governments, the
968	annexing municipality must set forth in its plan the effects
969	that the annexation of the solid waste disposal facility will
970	have on the other local governments. The plan must also indicate
971	that the owner of the affected solid waste disposal facility has
972	been contacted in writing concerning the annexation, that an
973	agreement between the annexing municipality and the solid waste
974	disposal facility to govern the operations of the solid waste
975	disposal facility if the annexation occurs has been approved,
976	and that the owner of the solid waste disposal facility does not
977	object to the proposed annexation.
978	Reviser's note.--Amended to conform to the redesignation of
979	s. 403.703(11) as s. 403.703(33) by s. 6, ch. 2007-184,
980	Laws of Florida.
981	Section 33.  Paragraph (e) of subsection (2) of section
982	190.005, Florida Statutes, is amended to read:
983	190.005  Establishment of district.--
984	(2)  The exclusive and uniform method for the establishment
985	of a community development district of less than 1,000 acres in
986	size shall be pursuant to an ordinance adopted by the county
987	commission of the county having jurisdiction over the majority
988	of land in the area in which the district is to be located
989	granting a petition for the establishment of a community
990	development district as follows:
991	(e)  If all of the land in the area for the proposed
992	district is within the territorial jurisdiction of a municipal
993	corporation, then the petition requesting establishment of a
994	community development district under this act shall be filed by
995	the petitioner with that particular municipal corporation. In
996	such event, the duties of the county, hereinabove described, in
997	action upon the petition shall be the duties of the municipal
998	corporation. If any of the land area of a proposed district is
999	within the land area of a municipality, the county commission
1000	may not create the district without municipal approval. If all
1001	of the land in the area for the proposed district, even if less
1002	than 1,000 acres, is within the territorial jurisdiction of two
1003	or more municipalities, the petition shall be filed with the
1004	Florida Land and Water Adjudicatory Commission and proceed in
1005	accordance with subsection (1).
1006	Reviser's note.--Amended to confirm the insertion of the
1007	word "than" by the editors.
1008	Section 34.  Paragraph (c) of subsection (2) of section
1009	192.0105, Florida Statutes, is amended to read:
1010	192.0105  Taxpayer rights.--There is created a Florida
1011	Taxpayer's Bill of Rights for property taxes and assessments to
1012	guarantee that the rights, privacy, and property of the
1013	taxpayers of this state are adequately safeguarded and protected
1014	during tax levy, assessment, collection, and enforcement
1015	processes administered under the revenue laws of this state. The
1016	Taxpayer's Bill of Rights compiles, in one document, brief but
1017	comprehensive statements that summarize the rights and
1018	obligations of the property appraisers, tax collectors, clerks
1019	of the court, local governing boards, the Department of Revenue,
1020	and taxpayers. Additional rights afforded to payors of taxes and
1021	assessments imposed under the revenue laws of this state are
1022	provided in s. 213.015. The rights afforded taxpayers to assure
1023	that their privacy and property are safeguarded and protected
1024	during tax levy, assessment, and collection are available only
1025	insofar as they are implemented in other parts of the Florida
1026	Statutes or rules of the Department of Revenue. The rights so
1027	guaranteed to state taxpayers in the Florida Statutes and the
1028	departmental rules include:
1029	(2)  THE RIGHT TO DUE PROCESS.--
1030	(c)  The right to file a petition for exemption or
1031	agricultural classification with the value adjustment board when
1032	an application deadline is missed, upon demonstration of
1033	particular extenuating circumstances for filing late (see ss.
1034	193.461(3)(a) and 196.011(1), (7), (8), and (9)(d) 196.011(1),
1035	(7),(8), and (9)(c)).
1036	Reviser's note.--Amended to confirm the substitution by the
1037	editors of a reference to conform to the redesignation of
1038	s. 196.011(9)(c) as s. 196.011(9)(d) by s. 2, ch. 2007-36,
1039	Laws of Florida.
1040	Section 35.  Subsection (4) of section 198.13, Florida
1041	Statutes, is amended to read:
1042	198.13  Tax return to be made in certain cases; certificate
1043	of nonliability.--
1044	(4)  Notwithstanding any other provisions of this section
1045	and applicable to the estate of a decedent who dies after
1046	December 31, 2004, if, upon the death of the decedent, a state
1047	death tax credit or a generation-skipping transfer credit is not
1048	allowable pursuant to the Internal Revenue Code of 1986, as
1049	amended:
1050	(a)  The personal representative of the estate is not
1051	required to file a return under subsection (1) in connection
1052	with the estate.
1053	(b)  The person who would otherwise be required to file a
1054	return reporting a generation-skipping transfer under subsection
1055	(3) is not required to file such a return in connection with the
1056	estate.
1057
1058	The provisions of this subsection do not apply to estates of
1059	decedents descendants dying after December 31, 2010.
1060	Reviser's note.--Amended to correct terminology and conform
1061	to context.
1062	Section 36.  Paragraphs (l) and (m) of subsection (8) of
1063	section 200.001, Florida Statutes, are amended to read:
1064	200.001  Millages; definitions and general provisions.--
1065	(8)
1066	(l)  "Maximum total county ad valorem taxes levied" means
1067	the total taxes levied by a county, municipal service taxing
1068	units of that county, and special districts dependent to that
1069	county at their individual maximum millages, calculated pursuant
1070	to s. 200.065(5)(a) for fiscal years 2009-2010 and thereafter
1071	and, pursuant to s. 200.185 for fiscal years 2007-2008 and 2008-
1072	2009, and pursuant to s. 200.186 for fiscal year 2008-2009 if
1073	SJR 4B or HJR 3B is approved by a vote of the electors.
1074	(m)  "Maximum total municipal ad valorem taxes levied"
1075	means the total taxes levied by a municipality and special
1076	districts dependent to that municipality at their individual
1077	maximum millages, calculated pursuant to s. 200.065(5)(b) for
1078	fiscal years 2009-2010 and thereafter and, by s. 200.185 for
1079	fiscal years 2007-2008 and 2008-2009, and pursuant to s. 200.186
1080	for fiscal year 2008-2009 if SJR 4B or HJR 3B is approved by a
1081	vote of the electors.
1082	Reviser's note.--Amended to conform to the fact that Senate
1083	Joint Resolution 4B, Special Session B, 2007, did not
1084	appear on the ballot for consideration by the electorate
1085	due to legal action concerning the ballot language for the
1086	proposed amendment. The House companion, House Joint
1087	Resolution 3B, did not pass.
1088	Section 37.  Subsection (3) of section 202.20, Florida
1089	Statutes, is amended to read:
1090	202.20  Local communications services tax conversion
1091	rates.--
1092	(3)  For any county or school board that levies a
1093	discretionary surtax under s. 212.055, the rate of such tax on
1094	communications services as authorized by s. 202.19(5) shall be
1095	as follows:
1096
	County .5% Discretionary surtax conversion rates 1% Discretionary surtax conversion rates 1.5% Discretionary surtax conversion rates
1097
	Alachua 0.3% 0.6% 0.8%
1098
	Baker 0.3% 0.5% 0.8%
1099
	Bay 0.3% 0.5% 0.8%
1100
	Bradford 0.3% 0.6% 0.8%
1101
	Brevard 0.3% 0.6% 0.9%
1102
	Broward 0.3% 0.5% 0.8%
1103
	Calhoun 0.3% 0.5% 0.8%
1104
	Charlotte 0.3% 0.6% 0.9%
1105
	Citrus 0.3% 0.6% 0.9%
1106
	Clay 0.3% 0.6% 0.8%
1107
	Collier 0.4% 0.7% 1.0%
1108
	Columbia 0.3% 0.6% 0.9%
1109
	Dade 0.3% 0.5% 0.8%
1110
	Desoto 0.3% 0.6% 0.8%
1111
	Dixie 0.3% 0.5% 0.8%
1112
	Duval 0.3% 0.6% 0.8%
1113
	Escambia 0.3% 0.6% 0.9%
1114
	Flagler 0.4% 0.7% 1.0%
1115
	Franklin 0.3% 0.6% 0.9%
1116
	Gadsden 0.3% 0.5% 0.8%
1117
	Gilchrist 0.3% 0.5% 0.7%
1118
	Glades 0.3% 0.6% 0.8%
1119
	Gulf 0.3% 0.5% 0.8%
1120
	Hamilton 0.3% 0.6% 0.8%
1121
	Hardee 0.3% 0.5% 0.8%
1122
	Hendry 0.3% 0.6% 0.9%
1123
	Hernando 0.3% 0.6% 0.9%
1124
	Highlands 0.3% 0.6% 0.9%
1125
	Hillsborough 0.3% 0.6% 0.8%
1126
	Holmes 0.3% 0.6% 0.8%
1127
	Indian River 0.3% 0.6% 0.9%
1128
	Jackson 0.3% 0.5% 0.7%
1129
	Jefferson 0.3% 0.5% 0.8%
1130
	Lafayette 0.3% 0.5% 0.7%
1131
	Lake 0.3% 0.6% 0.9%
1132
	Lee 0.3% 0.6% 0.9%
1133
	Leon 0.3% 0.6% 0.8%
1134
	Levy 0.3% 0.5% 0.8%
1135
	Liberty 0.3% 0.6% 0.8%
1136
	Madison 0.3% 0.5% 0.8%
1137
	Manatee 0.3% 0.6% 0.8%
1138
	Marion 0.3% 0.5% 0.8%
1139
	Martin 0.3% 0.6% 0.8%
1140
	Miami-Dade 0.3% 0.5% 0.8%
1141
	Monroe 0.3% 0.6% 0.9%
1142
	Nassau 0.3% 0.6% 0.8%
1143
	Okaloosa 0.3% 0.6% 0.8%
1144
	Okeechobee 0.3% 0.6% 0.9%
1145
	Orange 0.3% 0.5% 0.8%
1146
	Osceola 0.3% 0.5% 0.8%
1147
	Palm Beach 0.3% 0.6% 0.8%
1148
	Pasco 0.3% 0.6% 0.9%
1149
	Pinellas 0.3% 0.6% 0.9%
1150
	Polk 0.3% 0.6% 0.8%
1151
	Putnam 0.3% 0.6% 0.8%
1152
	St. Johns 0.3% 0.6% 0.8%
1153
	St. Lucie 0.3% 0.6% 0.8%
1154
	Santa Rosa 0.3% 0.6% 0.9%
1155
	Sarasota 0.3% 0.6% 0.9%
1156
	Seminole 0.3% 0.6% 0.8%
1157
	Sumter 0.3% 0.5% 0.8%
1158
	Suwannee 0.3% 0.6% 0.8%
1159
	Taylor 0.3% 0.6% 0.9%
1160
	Union 0.3% 0.5% 0.8%
1161
	Volusia 0.3% 0.6% 0.8%
1162
	Wakulla 0.3% 0.6% 0.9%
1163
	Walton 0.3% 0.6% 0.9%
1164
	Washington 0.3% 0.5% 0.8%
1165
1166	The discretionary surtax conversion rate with respect to
1167	communications services reflected on bills dated on or after
1168	October 1, 2001, shall take effect without any further action by
1169	a county or school board that has levied a surtax on or before
1170	October 1, 2001. For a county or school board that levies a
1171	surtax subsequent to October 1, 2001, the discretionary surtax
1172	conversion rate with respect to communications services shall
1173	take effect upon the effective date of the surtax as provided in
1174	s. 212.054. The discretionary sales surtax rate on
1175	communications services for a county or school board levying a
1176	combined rate which is not listed in the table provided by this
1177	subsection shall be calculated by averaging or adding the
1178	appropriate rates from the table and rounding up to the nearest
1179	tenth of a percent.
1180	Reviser's note.--Amended to conform to the redesignation of
1181	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
1182	Dade County Code.
1183	Section 38.  Paragraph (ccc) of subsection (7) of section
1184	212.08, Florida Statutes, is amended to read:
1185	212.08  Sales, rental, use, consumption, distribution, and
1186	storage tax; specified exemptions.--The sale at retail, the
1187	rental, the use, the consumption, the distribution, and the
1188	storage to be used or consumed in this state of the following
1189	are hereby specifically exempt from the tax imposed by this
1190	chapter.
1191	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
1192	entity by this chapter do not inure to any transaction that is
1193	otherwise taxable under this chapter when payment is made by a
1194	representative or employee of the entity by any means,
1195	including, but not limited to, cash, check, or credit card, even
1196	when that representative or employee is subsequently reimbursed
1197	by the entity. In addition, exemptions provided to any entity by
1198	this subsection do not inure to any transaction that is
1199	otherwise taxable under this chapter unless the entity has
1200	obtained a sales tax exemption certificate from the department
1201	or the entity obtains or provides other documentation as
1202	required by the department. Eligible purchases or leases made
1203	with such a certificate must be in strict compliance with this
1204	subsection and departmental rules, and any person who makes an
1205	exempt purchase with a certificate that is not in strict
1206	compliance with this subsection and the rules is liable for and
1207	shall pay the tax. The department may adopt rules to administer
1208	this subsection.
1209	(ccc)  Equipment, machinery, and other materials for
1210	renewable energy technologies.--
1211	1.  As used in this paragraph, the term:
1212	a.  "Biodiesel" means the mono-alkyl esters of long-chain
1213	fatty acids derived from plant or animal matter for use as a
1214	source of energy and meeting the specifications for biodiesel
1215	and biodiesel blends with petroleum products as adopted by the
1216	Department of Agriculture and Consumer Services. Biodiesel may
1217	refer to biodiesel blends designated BXX, where XX represents
1218	the volume percentage of biodiesel fuel in the blend.
1219	b.  "Ethanol" means nominally anhydrous denatured alcohol
1220	produced by the fermentation of plant sugars meeting the
1221	specifications for fuel ethanol and fuel ethanol blends with
1222	petroleum products as adopted by the Department of Agriculture
1223	and Consumer Services. Ethanol may refer to fuel ethanol blends
1224	designated EXX, where XX represents the volume percentage of
1225	fuel ethanol in the blend.
1226	c.  "Hydrogen fuel cells" means equipment using hydrogen or
1227	a hydrogen-rich fuel in an electrochemical process to generate
1228	energy, electricity, or the transfer of heat.
1229	2.  The sale or use of the following in the state is exempt
1230	from the tax imposed by this chapter:
1231	a.  Hydrogen-powered vehicles, materials incorporated into
1232	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
1233	a limit of $2 million in tax each state fiscal year for all
1234	taxpayers.
1235	b.  Commercial stationary hydrogen fuel cells, up to a
1236	limit of $1 million in tax each state fiscal year for all
1237	taxpayers.
1238	c.  Materials used in the distribution of biodiesel (B10-
1239	B100) and ethanol (E10-E100), including fueling infrastructure,
1240	transportation, and storage, up to a limit of $1 million in tax
1241	each state fiscal year for all taxpayers. Gasoline fueling
1242	station pump retrofits for ethanol (E10-E100) distribution
1243	qualify for the exemption provided in this sub-subparagraph.
1244	3.  The Department of Environmental Protection shall
1245	provide to the department a list of items eligible for the
1246	exemption provided in this paragraph.
1247	4.a.  The exemption provided in this paragraph shall be
1248	available to a purchaser only through a refund of previously
1249	paid taxes.
1250	b.  To be eligible to receive the exemption provided in
1251	this paragraph, a purchaser shall file an application with the
1252	Department of Environmental Protection. The application shall be
1253	developed by the Department of Environmental Protection, in
1254	consultation with the department, and shall require:
1255	(I)  The name and address of the person claiming the
1256	refund.
1257	(II)  A specific description of the purchase for which a
1258	refund is sought, including, when applicable, a serial number or
1259	other permanent identification number.
1260	(III)  The sales invoice or other proof of purchase showing
1261	the amount of sales tax paid, the date of purchase, and the name
1262	and address of the sales tax dealer from whom the property was
1263	purchased.
1264	(IV)  A sworn statement that the information provided is
1265	accurate and that the requirements of this paragraph have been
1266	met.
1267	c.  Within 30 days after receipt of an application, the
1268	Department of Environmental Protection shall review the
1269	application and shall notify the applicant of any deficiencies.
1270	Upon receipt of a completed application, the Department of
1271	Environmental Protection shall evaluate the application for
1272	exemption and issue a written certification that the applicant
1273	is eligible for a refund or issue a written denial of such
1274	certification within 60 days after receipt of the application.
1275	The Department of Environmental Protection shall provide the
1276	department with a copy of each certification issued upon
1277	approval of an application.
1278	d.  Each certified applicant shall be responsible for
1279	forwarding a certified copy of the application and copies of all
1280	required documentation to the department within 6 months after
1281	certification by the Department of Environmental Protection.
1282	e.  The provisions of former s. 212.095 do not apply to any
1283	refund application made pursuant to this paragraph. A refund
1284	approved pursuant to this paragraph shall be made within 30 days
1285	after formal approval by the department.
1286	f.  The department may adopt all rules pursuant to ss.
1287	120.536(1) and 120.54 to administer this paragraph, including
1288	rules establishing forms and procedures for claiming this
1289	exemption.
1290	g.  The Department of Environmental Protection shall be
1291	responsible for ensuring that the total amounts of the
1292	exemptions authorized do not exceed the limits as specified in
1293	subparagraph 2.
1294	5.  The Department of Environmental Protection shall
1295	determine and publish on a regular basis the amount of sales tax
1296	funds remaining in each fiscal year.
1297	6.  This paragraph expires July 1, 2010.
1298	Reviser's note.--Amended to conform to the repeal of s.
1299	212.095 by s. 24, ch. 2007-106, Laws of Florida.
1300	Section 39.  Paragraphs (c) and (e) of subsection (17) of
1301	section 215.555, Florida Statutes, are amended to read:
1302	215.555  Florida Hurricane Catastrophe Fund.--
1303	(17)  TEMPORARY INCREASE IN COVERAGE LIMIT OPTIONS.--
1304	(c)  Optional coverage.--For the contract year commencing
1305	June 1, 2007, and ending May 31, 2008, the contract year
1306	commencing commending June 1, 2008, and ending May 31, 2009, and
1307	the contract year commencing June 1, 2009, and ending May 31,
1308	2010, the board shall offer, for each of such years, the
1309	optional coverage as provided in this subsection.
1310	(e)  TICL options addendum.--
1311	1.  The TICL options addendum shall provide for
1312	reimbursement of TICL insurers for covered events occurring
1313	between June 1, 2007, and May 31, 2008, and between June 1,
1314	2008, and May 31, 2009, or between June 1, 2009, and May 31,
1315	2010, in exchange for the TICL reimbursement premium paid into
1316	the fund under paragraph (f) paragraph (e). Any insurer writing
1317	covered policies has the option of selecting an increased limit
1318	of coverage under the TICL options addendum and shall select
1319	such coverage at the time that it executes the FHCF
1320	reimbursement contract.
1321	2.  The TICL addendum shall contain a promise by the board
1322	to reimburse the TICL insurer for 45 percent, 75 percent, or 90
1323	percent of its losses from each covered event in excess of the
1324	insurer's retention, plus 5 percent of the reimbursed losses to
1325	cover loss adjustment expenses. The percentage shall be the same
1326	as the coverage level selected by the insurer under paragraph
1327	(4)(b).
1328	3.  The TICL addendum shall provide that reimbursement
1329	amounts shall not be reduced by reinsurance paid or payable to
1330	the insurer from other sources.
1331	4.  The priorities, schedule, and method of reimbursements
1332	under the TICL addendum shall be the same as provided under
1333	subsection (4).
1334	Reviser's note.--Paragraph (17)(c) is amended to confirm
1335	the editorial substitution of the word "commencing" for the
1336	word "commending" to conform to context. Paragraph (17)(c)
1337	is also amended to confirm the editorial insertion of the
1338	word "and" preceding the word "the" to improve clarity and
1339	facilitate correct interpretation. Paragraph (17)(e) is
1340	amended to confirm the editorial insertion of the word
1341	"and" preceding the word "May" to improve clarity and
1342	facilitate correct interpretation. Paragraph (17)(e) is
1343	also amended to confirm the editorial substitution of a
1344	reference to paragraph (f) for a reference to paragraph
1345	(e); paragraph (17)(f) provides for reimbursement premiums
1346	to be paid into the fund.
1347	Section 40.  Subsection (8) of section 215.5586, Florida
1348	Statutes, is amended to read:
1349	215.5586  My Safe Florida Home Program.--There is
1350	established within the Department of Financial Services the My
1351	Safe Florida Home Program. The department shall provide fiscal
1352	accountability, contract management, and strategic leadership
1353	for the program, consistent with this section. This section does
1354	not create an entitlement for property owners or obligate the
1355	state in any way to fund the inspection or retrofitting of
1356	residential property in this state. Implementation of this
1357	program is subject to annual legislative appropriations. It is
1358	the intent of the Legislature that the My Safe Florida Home
1359	Program provide inspections for at least 400,000 site-built,
1360	single-family, residential properties and provide grants to at
1361	least 35,000 applicants before June 30, 2009. The program shall
1362	develop and implement a comprehensive and coordinated approach
1363	for hurricane damage mitigation that shall include the
1364	following:
1365	(8)  NO-INTEREST LOANS.--The department may develop a no-
1366	interest loan program by December 31, 2007, to encourage the
1367	private sector to provide loans to owners of site-built, single-
1368	family, residential property to pay for mitigation measures
1369	listed in subsection (2). A loan eligible for interest payments
1370	pursuant to this subsection may be for a term of up to 3 years
1371	and cover up to $5,000 in mitigation measures. The department
1372	shall pay the creditor the market rate of interest using funds
1373	appropriated for the My Safe Florida Home Program. In no case
1374	shall the department pay more than the interest rate set by s.
1375	687.03. To be eligible for a loan, a loan applicant must first
1376	obtain a home inspection and report that specifies what
1377	improvements are needed to reduce the property's vulnerability
1378	to windstorm damage pursuant to this section and meet loan
1379	underwriting requirements set by the lender. The department may
1380	set aside up to $10 million from funds appropriated for the My
1381	Safe Florida Home Program to implement this subsection. The
1382	department shall adopt rules pursuant to ss. 120.536(1)
1383	120.36(1) and 120.54 to implement this subsection which may
1384	include eligibility criteria.
1385	Reviser's note.--Amended to confirm the editorial
1386	substitution of a reference to s. 120.536(1) for a
1387	reference to s. 120.36(1) to correct an apparent error.
1388	Section 120.36 does not exist; s. 120.536(1) provides for
1389	an agency's rulemaking authority to adopt rules.
1390	Section 41.  Paragraph (a) of subsection (2) and subsection
1391	(7) of section 215.559, Florida Statutes, are reenacted to read:
1392	215.559  Hurricane Loss Mitigation Program.--
1393	(2)(a)  Seven million dollars in funds provided in
1394	subsection (1) shall be used for programs to improve the wind
1395	resistance of residences and mobile homes, including loans,
1396	subsidies, grants, demonstration projects, and direct
1397	assistance; educating persons concerning the Florida Building
1398	Code cooperative programs with local governments and the Federal
1399	Government; and other efforts to prevent or reduce losses or
1400	reduce the cost of rebuilding after a disaster.
1401	(7)  On January 1st of each year, the Department of
1402	Community Affairs shall provide a full report and accounting of
1403	activities under this section and an evaluation of such
1404	activities to the Speaker of the House of Representatives, the
1405	President of the Senate, and the Majority and Minority Leaders
1406	of the House of Representatives and the Senate. Upon completion
1407	of the report, the Department of Community Affairs shall deliver
1408	the report to the Office of Insurance Regulation. The Office of
1409	Insurance Regulation shall review the report and shall make such
1410	recommendations available to the insurance industry as the
1411	Office of Insurance Regulation deems appropriate. These
1412	recommendations may be used by insurers for potential discounts
1413	or rebates pursuant to s. 627.0629. The Office of Insurance
1414	Regulation shall make the recommendations within 1 year after
1415	receiving the report.
1416	Reviser's note.--Paragraph (2)(a) and subsection (7) are
1417	reenacted to conform to the validity of the amendments to
1418	those provisions by s. 1, ch. 2005-147, Laws of Florida.
1419	The Governor vetoed the specific appropriation in s. 1, ch.
1420	2005-147, Laws of Florida. The Governor's veto message
1421	states that he is withholding "approval of section 1," but
1422	the message goes on to set out the vetoed language, which
1423	is only the amendment to subsection (5).
1424	Section 42.  Paragraph (a) of subsection (16) and paragraph
1425	(a) of subsection (17) of section 218.415, Florida Statutes, are
1426	amended to read:
1427	218.415  Local government investment policies.--Investment
1428	activity by a unit of local government must be consistent with a
1429	written investment plan adopted by the governing body, or in the
1430	absence of the existence of a governing body, the respective
1431	principal officer of the unit of local government and maintained
1432	by the unit of local government or, in the alternative, such
1433	activity must be conducted in accordance with subsection (17).
1434	Any such unit of local government shall have an investment
1435	policy for any public funds in excess of the amounts needed to
1436	meet current expenses as provided in subsections (1)-(16), or
1437	shall meet the alternative investment guidelines contained in
1438	subsection (17). Such policies shall be structured to place the
1439	highest priority on the safety of principal and liquidity of
1440	funds. The optimization of investment returns shall be secondary
1441	to the requirements for safety and liquidity. Each unit of local
1442	government shall adopt policies that are commensurate with the
1443	nature and size of the public funds within its custody.
1444	(16)  AUTHORIZED INVESTMENTS; WRITTEN INVESTMENT
1445	POLICIES.--Those units of local government electing to adopt a
1446	written investment policy as provided in subsections (1)-(15)
1447	may by resolution invest and reinvest any surplus public funds
1448	in their control or possession in:
1449	(a)  The Local Government Surplus Funds Trust Fund or any
1450	intergovernmental investment pool authorized pursuant to the
1451	Florida Interlocal Cooperation Act of 1969, as provided in s.
1452	163.01.
1453	(17)  AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT
1454	POLICY.--Those units of local government electing not to adopt a
1455	written investment policy in accordance with investment policies
1456	developed as provided in subsections (1)-(15) may invest or
1457	reinvest any surplus public funds in their control or possession
1458	in:
1459	(a)  The Local Government Surplus Funds Trust Fund, or any
1460	intergovernmental investment pool authorized pursuant to the
1461	Florida Interlocal Cooperation Act of 1969, as provided in s.
1462	163.01.
1463
1464	The securities listed in paragraphs (c) and (d) shall be
1465	invested to provide sufficient liquidity to pay obligations as
1466	they come due.
1467	Reviser's note.--Amended to conform to the name of the
1468	Florida Interlocal Cooperation Act of 1969 as referenced in
1469	s. 163.01.
1470	Section 43.  Subsection (4) of section 222.25, Florida
1471	Statutes, is amended to read:
1472	222.25  Other individual property of natural persons exempt
1473	from legal process.--The following property is exempt from
1474	attachment, garnishment, or other legal process:
1475	(4)  A debtor's interest in personal property, not to
1476	exceed $4,000, if the debtor does not claim or receive the
1477	benefits of a homestead exemption under s. 4, Art. X of the
1478	State Florida Constitution. This exemption does not apply to a
1479	debt owed for child support or spousal support.
1480	Reviser's note.--Amended to confirm the editorial
1481	substitution of the word "State" for the word "Florida" for
1482	contextual consistency.
1483	Section 44.  Section 250.83, Florida Statutes, is amended
1484	to read:
1485	250.83  Construction of part.--In the event that any other
1486	provision of law conflicts with SCRA SSCRA, USERRA, or the
1487	provisions of this chapter, the provisions of SCRA SSCRA,
1488	USERRA, or the provisions of this chapter, whichever is
1489	applicable, shall control. Nothing in this part shall construe
1490	rights or responsibilities not provided under the SCRA SSCRA,
1491	USERRA, or this chapter.
1492	Reviser's note.--Amended to conform to the redesignation of
1493	the federal act in Title 50 United States Code.
1494	Section 45.  Subsections (3) and (4) of section 253.033,
1495	Florida Statutes, are amended to read:
1496	253.033  Inter-American Center property; transfer to board;
1497	continued use for government purposes.--
1498	(3)(a)  Except as provided in this subsection, in no event
1499	shall any of the lands known as "the Graves tract," including,
1500	without limitation, the land previously transferred to the City
1501	of Miami and Miami-Dade Dade County by the Inter-American Center
1502	Authority and the lands transferred pursuant to this act, be
1503	used for other than public purposes. However, the portion of
1504	"the Graves tract" owned by the City of North Miami on the
1505	effective date of this act or subsequently acquired by the city
1506	shall not be subject to such public purpose use restriction and
1507	may be used for any purpose in accordance with local building
1508	and zoning regulations.
1509	(b)1.  Notwithstanding any provision of paragraph (a) or
1510	any other law to the contrary, the Board of Trustees of the
1511	Internal Improvement Trust Fund shall convey and transfer to the
1512	City of North Miami as soon as feasible that portion of "the
1513	Graves tract" described in this paragraph as set forth with
1514	particularity in s. 1, chapter 85-201, Laws of Florida, along
1515	with that certain additional portion of "the Graves tract"
1516	described as follows: Commencing at the center of Section 21,
1517	Township 52S., Range 42E., Miami-Dade Dade County, Florida, run
1518	South 87°-38'-50" West, 180.0 feet to the point of beginning of
1519	a parcel of land described as follows: run South 87°-38'-50"
1520	West 804.17 feet to the east right-of-way line of State Road #5,
1521	thence run South 15°-20'-05" West for a distance of 206.85 feet,
1522	thence run North 87°-45'-31" East for a distance of 751.20 feet,
1523	thence run North 27°-50'-00" East for a distance of 229.47 feet
1524	to the point of beginning, such parcel containing 3.89 acres
1525	more or less, except for that certain portion thereof which the
1526	Department of Transportation has reserved for right-of-way for
1527	transportation facilities.
1528	2.  Upon the recordation in the Official Records of Miami-
1529	Dade Dade County, Florida, by the Department of Transportation
1530	of a right-of-way map for State Road #5, which reserves a
1531	portion of the lands described in subparagraph 1., which said
1532	portion reserved is within, but smaller than, the portion
1533	reserved from the conveyance required by subparagraph 1. as
1534	accomplished by instrument recorded in page 30 of Official
1535	Record Book 14405 of the Official Records of Miami-Dade Dade
1536	County, Florida, as Deed No. 28289, pursuant to chapter 89-246,
1537	Laws of Florida, the Board of Trustees of the Internal
1538	Improvement Trust Fund shall convey and transfer to the City of
1539	North Miami as soon as feasible that additional portion of "the
1540	Graves tract" which consists of: Parcel No. 1, 'Interama Tract'
1541	Right-of-Way Reservation for State Road #5, together with Parcel
1542	No. 2, 'Interama Tract' Right-of-Way Reservation for State Road
1543	#5 as described in that certain instrument of conveyance
1544	referred to in this subparagraph as Deed No. 28289, less and
1545	except that certain portion of said Parcels No. 1 and No. 2
1546	which is, after the effective date of this act, reserved for
1547	right-of-way for transportation facilities in a right-of-way map
1548	or like instrument hereafter filed and recorded by the
1549	Department of Transportation in the official records, so that
1550	the City of North Miami obtains title to those additional lands
1551	which are not necessary to be reserved for right-of-way for
1552	transportation facilities.
1553	3.  The City of North Miami shall not be required to pay
1554	any monetary consideration for the conveyances of land specified
1555	in this paragraph, since these conveyances are in mitigation of
1556	the loss sustained by the city upon dissolution of the Inter-
1557	American Center Authority pursuant to s. 1 of chapter 75-131,
1558	Laws of Florida.
1559	(4)  The Board of Trustees of the Internal Improvement
1560	Trust Fund may lease to Miami-Dade Dade County approximately 300
1561	acres of land, and approximately 90 acres of abutting lagoon and
1562	waterways, designated as the Primary Development Area, and may
1563	also transfer to Miami-Dade Dade County all or any part of the
1564	plans, drawings, maps, etc., of the Inter-American Center
1565	Authority existing at the date of transfer, provided Miami-Dade
1566	Dade County:
1567	(a)  Assumes responsibilities of the following agreements:
1568	1.  That certain agreement entered into on June 12, 1972,
1569	between the City of Miami and Inter-American Center Authority
1570	whereby the authority agreed to repurchase, with revenues
1571	derived from the net operating revenue of the project developed
1572	on the leased lands after expenses and debt service
1573	requirements, the approximately 93 acres of lands previously
1574	deeded to the City of Miami as security for repayment of the
1575	$8,500,000 owed by the authority to the City of Miami. Title to
1576	the land repurchased pursuant to the provisions of this
1577	subsection shall be conveyed to the State of Florida.
1578	2.  Those certain rights granted to the City of North Miami
1579	pursuant to the provisions of former s. 554.29(1)(a) and former
1580	s. 554.30 obligating the authority to issue a revenue bond to
1581	the City of North Miami, containing provisions to be determined
1582	by Miami-Dade Dade County, to be repaid from all ad valorem
1583	taxes, occupational license fees, franchise taxes, utility
1584	taxes, and cigarette taxes which would have accrued to the
1585	authority or the City of North Miami by nature of property owned
1586	by the authority having been in the City of North Miami and from
1587	the excess revenue after operating expenses, development cost
1588	and debt service requirements, of the project developed on the
1589	leased lands.
1590	(b)  Develops a plan for the use of the land that meets the
1591	approval of the Board of Trustees of the Internal Improvement
1592	Trust Fund or that meets the following purposes heretofore
1593	authorized:
1594	1.  To provide a permanent international center which will
1595	serve as a meeting ground for the governments and industries of
1596	the Western Hemisphere and of other areas of the world.
1597	2.  To facilitate broad and continuous exchanges of ideas,
1598	persons, and products through cultural, educational, and other
1599	exchanges.
1600	3.  By appropriate means, to promote mutual understanding
1601	between the peoples of the Western Hemisphere and to strengthen
1602	the ties which unite the United States with other nations of the
1603	free world.
1604
1605	Any property leased under this subsection shall not be leased
1606	for less than fair market value.
1607	Reviser's note.--Amended to conform to the redesignation of
1608	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
1609	Dade County Code.
1610	Section 46.  Paragraph (g) of subsection (6) of section
1611	253.034, Florida Statutes, is amended to read:
1612	253.034  State-owned lands; uses.--
1613	(6)  The Board of Trustees of the Internal Improvement
1614	Trust Fund shall determine which lands, the title to which is
1615	vested in the board, may be surplused. For conservation lands,
1616	the board shall make a determination that the lands are no
1617	longer needed for conservation purposes and may dispose of them
1618	by an affirmative vote of at least three members. In the case of
1619	a land exchange involving the disposition of conservation lands,
1620	the board must determine by an affirmative vote of at least
1621	three members that the exchange will result in a net positive
1622	conservation benefit. For all other lands, the board shall make
1623	a determination that the lands are no longer needed and may
1624	dispose of them by an affirmative vote of at least three
1625	members.
1626	(g)  The sale price of lands determined to be surplus
1627	pursuant to this subsection shall be determined by the division
1628	and shall take into consideration an appraisal of the property,
1629	or, when the estimated value of the land is less than $100,000,
1630	a comparable sales analysis or a broker's opinion of value, and
1631	the price paid by the state to originally acquire the lands.
1632	1.a.  A written valuation of land determined to be surplus
1633	pursuant to this subsection, and related documents used to form
1634	the valuation or which pertain to the valuation, are
1635	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1636	of the State Constitution until 2 weeks before the contract or
1637	agreement regarding the purchase, exchange, or disposal of the
1638	surplus land is first considered for approval by the board.
1639	Notwithstanding the exemption provided under this subparagraph,
1640	the division may disclose appraisals, valuations, or valuation
1641	information regarding surplus land during negotiations for the
1642	sale or exchange of the land, during the marketing effort or
1643	bidding process associated with the sale, disposal, or exchange
1644	of the land to facilitate closure of such effort or process,
1645	when the passage of time has made the conclusions of value
1646	invalid, or when negotiations or marketing efforts concerning
1647	the land are concluded.
1648	b.  This subparagraph is subject to the Open Government
1649	Sunset Review Act of 1995 in accordance with s. 119.15, and
1650	shall stand repealed on October 2, 2009, unless reviewed and
1651	saved from repeal through reenactment by the Legislature.
1652	2.  A unit of government that acquires title to lands
1653	hereunder for less than appraised value may not sell or transfer
1654	title to all or any portion of the lands to any private owner
1655	for a period of 10 years. Any unit of government seeking to
1656	transfer or sell lands pursuant to this paragraph shall first
1657	allow the board of trustees to reacquire such lands for the
1658	price at which the board sold such lands.
1659	Reviser's note.--Amended to conform to the renaming of the
1660	"Open Government Sunset Review Act of 1995" as the "Open
1661	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
1662	of Florida.
1663	Section 47.  Subsection (2) of section 257.38, Florida
1664	Statutes, is amended to read:
1665	257.38  Manuscripts or other archival material held by
1666	local government; public records exemption.--
1667	(2)  Subsection (1) is subject to the Open Government
1668	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
1669	stand repealed on October 2, 2009, unless reviewed and saved
1670	from repeal through reenactment by the Legislature.
1671	Reviser's note.--Amended to conform to the renaming of the
1672	"Open Government Sunset Review Act of 1995" as the "Open
1673	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
1674	of Florida.
1675	Section 48.  Subsection (5) of section 258.001, Florida
1676	Statutes, is amended to read:
1677	258.001  Park regions.--For the purpose of administering
1678	this chapter, regulating the public parks, monuments and
1679	memorials of this state, the state is divided into five park
1680	regions which are defined as:
1681	(5)  FIFTH REGION.--The Counties of Lee, Hendry, Palm
1682	Beach, Collier, Broward, Miami-Dade Dade, and Monroe shall
1683	constitute the Fifth Park Region.
1684	Reviser's note.--Amended to conform to the redesignation of
1685	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
1686	Dade County Code.
1687	Section 49.  Section 258.11, Florida Statutes, is amended
1688	to read:
1689	258.11  Land ceded for Royal Palm State Park;
1690	proviso.--Section fifteen, and the north half of section twenty-
1691	two of township fifty-eight south, range thirty-seven east,
1692	situated in Miami-Dade Dade County, is ceded to the Florida
1693	Federation of Women's Clubs and designated as the "Royal Palm
1694	State Park," to be cared for, protected, and to remain in the
1695	full possession and enjoyment, with all the possessory rights
1696	and privileges thereunto, belonging to the Florida Federation of
1697	Women's Clubs, for the purpose of a state park, for the benefit
1698	and use of all the people of Florida, perpetually; provided,
1699	that the Florida Federation of Women's Clubs shall procure a
1700	deed to 960 acres of land in Miami-Dade Dade County, in the
1701	vicinity of said state park, suitable for agricultural purposes,
1702	conveying to said Florida Federation of Women's Clubs fee simple
1703	title thereto, said land to be used as an endowment for the
1704	perpetual use and benefit of the said park, its protection,
1705	improvement and the beautifying thereof, including the
1706	construction of roads and other improvements, either in kind or
1707	by the use of the rents and profits accruing therefrom, or the
1708	proceeds of sale thereof or any part of said endowment tract.
1709	Reviser's note.--Amended to conform to the redesignation of
1710	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
1711	Dade County Code.
1712	Section 50.  Section 258.12, Florida Statutes, is amended
1713	to read:
1714	258.12  Additional lands ceded for Royal Palm State
1715	Park.--For the use and benefit of all the people of the state,
1716	the state cedes to the Florida Federation of Women's Clubs the
1717	south half of section ten, southwest quarter of section eleven,
1718	west half of section fourteen, west half of section twenty-
1719	three, south half of section twenty-two, northwest quarter of
1720	section twenty-seven, north half of section twenty-eight, and
1721	northeast quarter of section twenty-nine, township fifty-eight
1722	south, range thirty-seven east, situated in Miami-Dade Dade
1723	County, as additional acreage to "Royal Palm State Park," to be
1724	cared for and remain in the full possession and enjoyment of
1725	said Florida Federation of Women's Clubs, with all the
1726	possessory rights and privileges to the same belonging or in
1727	anywise appertaining; provided, that said land is granted to the
1728	said Florida Federation of Women's Clubs upon the express
1729	condition that said land and every part thereof shall be used as
1730	a state park for the use and benefit of all the people of
1731	Florida, and for no other purpose; and in the event said grantee
1732	shall permit or suffer the use of said land for any other
1733	purpose, or shall discontinue the use thereof for such purpose,
1734	such misuse or discontinuance shall operate as a defeasance and
1735	said land and every part thereof shall revert to the state.
1736	Reviser's note.--Amended to conform to the redesignation of
1737	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
1738	Dade County Code.
1739	Section 51.  Section 258.39, Florida Statutes, is amended
1740	to read:
1741	258.39  Boundaries of preserves.--The submerged lands
1742	included within the boundaries of Nassau, Duval, St. Johns,
1743	Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte,
1744	Pinellas, Martin, Palm Beach, Miami-Dade Dade, Monroe, Collier,
1745	Lee, Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa,
1746	Hernando, and Escambia Counties, as hereinafter described, with
1747	the exception of privately held submerged lands lying landward
1748	of established bulkheads and of privately held submerged lands
1749	within Monroe County where the establishment of bulkhead lines
1750	is not required, are hereby declared to be aquatic preserves.
1751	Such aquatic preserve areas include:
1752	(1)  The Fort Clinch State Park Aquatic Preserve, as
1753	described in the Official Records of Nassau County in Book 108,
1754	pages 343-346, and in Book 111, page 409.
1755	(2)  Nassau River-St. Johns River Marshes Aquatic Preserve,
1756	as described in the Official Records of Duval County in Volume
1757	3183, pages 547-552, and in the Official Records of Nassau
1758	County in Book 108, pages 232-237.
1759	(3)  Pellicer Creek Aquatic Preserve, as described in the
1760	Official Records of St. Johns County in Book 181, pages 363-366,
1761	and in the Official Records of Flagler County in Book 33, pages
1762	131-134.
1763	(4)  Tomoka Marsh Aquatic Preserve, as described in the
1764	Official Records of Flagler County in Book 33, pages 135-138,
1765	and in the Official Records of Volusia County in Book 1244,
1766	pages 615-618.
1767	(5)  Mosquito Lagoon Aquatic Preserve, as described in the
1768	Official Records of Volusia County in Book 1244, pages 619-623,
1769	and in the Official Records of Brevard County in Book 1143,
1770	pages 190-194.
1771	(6)  Banana River Aquatic Preserve, as described in the
1772	Official Records of Brevard County in Book 1143, pages 195-198,
1773	and the sovereignty submerged lands lying within the following
1774	described boundaries: BEGIN at the intersection of the westerly
1775	ordinary high water line of Newfound Harbor with the North line
1776	of Section 12, Township 25 South, Range 36 East, Brevard County:
1777	Thence proceed northeasterly crossing Newfound Harbor to the
1778	intersection of the South line of Section 31, Township 24 South,
1779	Range 37 East, with the easterly ordinary high water line of
1780	said Newfound Harbor; thence proceed northerly along the
1781	easterly ordinary high water line of Newfound Harbor to its
1782	intersection with the easterly ordinary high water line of Sykes
1783	Creek; thence proceed northerly along the easterly ordinary high
1784	water line of said creek to its intersection with the southerly
1785	right-of-way of Hall Road; thence proceed westerly along said
1786	right-of-way to the westerly ordinary high water line of Sykes
1787	Creek; thence southerly along said ordinary high water line to
1788	its intersection with the ordinary high water line of Newfound
1789	Harbor; thence proceed southerly along the westerly ordinary
1790	high water line of Newfound Harbor to the POINT OF BEGINNING.
1791	(7)(a)  Indian River-Malabar to Vero Beach Aquatic
1792	Preserve, as described in the Official Records of Brevard County
1793	in Book 1143, pages 199-202, and in the Official Records of
1794	Indian River County in Book 368, pages 5-8 and the sovereignty
1795	submerged lands lying within the following described boundaries,
1796	excluding those lands contained within the corporate boundary of
1797	the City of Vero Beach as of the effective date of this act:
1798	Commence at the intersection of the north line of Section 31,
1799	Township 28 South, Range 38 East, and the westerly mean high
1800	water line of Indian River for a point of beginning; thence from
1801	the said point of beginning proceed northerly, westerly, and
1802	easterly along the mean high water line of Indian River and its
1803	navigable tributaries to an intersection with the north line of
1804	Section 24, Township 28 South, Range 37 East; thence proceed
1805	easterly, to a point on the easterly mean high water line of
1806	Indian River at its intersection with the north line of Section
1807	20, Township 28 South, Range 38 East; thence proceed southerly,
1808	along the easterly mean high water line of Indian River to the
1809	most westerly tip of Blue Fish Point in said Section 20, thence
1810	proceed southwesterly to the intersection of the westerly mean
1811	high water line of Indian River with the north line of Section
1812	31, Township 28 South, Range 38 East and the point of beginning:
1813	And also commence at the intersection of the northern Vero Beach
1814	city limits line in Section 25, Township 32 South, Range 39
1815	East, and the westerly mean high water line of Indian River for
1816	the point of beginning: Thence from the said point of beginning
1817	proceed northerly, along the westerly mean high water line of
1818	Indian River and its navigable tributaries to an intersection
1819	with the south line of Section 14, Township 30 South, Range 38
1820	East; thence proceed easterly, along the easterly projection of
1821	the south line of said Section 14, to an intersection with the
1822	easterly right-of-way line of the Intracoastal Waterway; thence
1823	proceed southerly, along the easterly right-of-way line of the
1824	Intracoastal Waterway, to an intersection with the northerly
1825	line of the Pelican Island National Wildlife Refuge; thence
1826	proceed easterly, along the northerly line of the Pelican Island
1827	National Wildlife Refuge, to an intersection with the easterly
1828	mean high water line of Indian River; thence proceed southerly
1829	along the easterly mean high water line of Indian River and its
1830	tributaries, to an intersection with the northern Vero Beach
1831	city limits line in Section 30, Township 32 South, Range 40
1832	East; thence proceed westerly and southerly, along the northern
1833	Vero Beach city limits line to an intersection with the easterly
1834	mean high water line of Indian River and the point of beginning.
1835	(b)  For purposes of the Indian River-Malabar to Vero Beach
1836	Aquatic Preserve, a lease of sovereign submerged lands for a
1837	noncommercial dock may be deemed to be in the public interest
1838	when the noncommercial dock constitutes a reasonable exercise of
1839	riparian rights and is consistent with the preservation of the
1840	exceptional biological, aesthetic, or scientific values which
1841	the aquatic preserve was created to protect.
1842	(8)  Indian River-Vero Beach to Fort Pierce Aquatic
1843	Preserve, as described in the Official Records of Indian River
1844	County in Book 368, pages 9-12, and in the Official Records of
1845	St. Lucie County in Book 187, pages 1083-1086. More
1846	specifically, within that description, the southern corporate
1847	line of Vero Beach refers to the southerly corporate boundary
1848	line of Vero Beach as it existed on June 3, 1970, which is also
1849	a westerly projection of the south boundary of "Indian Bay"
1850	subdivision as recorded in Plat Book 3, page 43, Docket No.
1851	59267, Public Records of Indian River County, and State Road A1A
1852	refers to State Road A1A, North Beach Causeway, located north of
1853	Fort Pierce Inlet.
1854	(9)  Jensen Beach to Jupiter Inlet Aquatic Preserve, as
1855	described in the Official Records of St. Lucie County in Book
1856	218, pages 2865-2869. More specifically, within that
1857	description, the southerly corporate line of the City of Fort
1858	Pierce refers to the southerly corporate boundary line of the
1859	City of Fort Pierce as it existed in 1969; and the western
1860	boundary of the preserve as it crosses the St. Lucie River is
1861	more specifically described as a line which connects the
1862	intersection point of the westerly mean high-water line of the
1863	Indian River and the northerly mean high-water line of the St.
1864	Lucie River to the intersection point of the intersection of the
1865	westerly mean high-water line of the Intracoastal Waterway and
1866	the southerly mean high-water line of the St. Lucie River, lands
1867	within this preserve are more particularly described as lying
1868	and being in Sections 12, 13, 26, 35, and 36, Township 35 South,
1869	Range 40 East, and Sections 18, 19, 29, 30, and 32, Township 35
1870	South, Range 41 East, and Sections 1 and 12, Township 36 South,
1871	Range 40 East, and Sections 5, 7, 8, 9, 16, 17, 18, 19, 20, 22,
1872	27, 29, 32, and 34, Township 36 South, Range 41 East, and
1873	Sections 2, 3, 4, 9, 10, 11, 13, 14, 15, 22, 23, 24, 26, 35, and
1874	36, Township 37 South, Range 41 East, and Sections 19, 30, 31,
1875	and 32, Township 37 South, Range 42 East, and Sections 1 and 12,
1876	Township 38 South, Range 41 East, and Sections 5, 6, 8, 16, 17,
1877	19, 20, 21, 28, 29, 32, and 33, Township 38 South, Range 42
1878	East, including the eastern portion of the Hanson Grant, east of
1879	Rocky Point Cove, and west of St. Lucie Inlet State Park, and
1880	portions of the Gomez Grant lying adjacent to Peck Lake and
1881	South Jupiter Narrows, and Sections 25, 26, 35, and 36, Township
1882	39 South, Range 42 East, and Sections 1, 12, and 13, Township 40
1883	South, Range 42 East, and Sections 7, 18, 19, 30, 31, and 32,
1884	Township 40 South, Range 43 East.
1885	(10)  Loxahatchee River-Lake Worth Creek Aquatic Preserve,
1886	as described in the Official Records of Martin County in Book
1887	320, pages 193-196, and in the Official Records of Palm Beach
1888	County in Volume 1860, pages 806-809, and the sovereignty
1889	submerged lands lying within the following described boundaries:
1890	Begin at the intersection of the easterly mean high water line
1891	of the North Fork of the Loxahatchee River with the northerly
1892	mean high water line of the Loxahatchee River, being in Section
1893	36, Township 40 South, Range 43 East, Palm Beach County: Thence
1894	proceed easterly along the northerly mean high water line of the
1895	Loxahatchee River to the westerly right-of-way of U.S. Highway
1896	1; thence proceed southerly along said right-of-way to the
1897	southerly mean high water line of said river; thence proceed
1898	easterly along the southerly mean high water line of said river
1899	to its intersection with the easterly mean high water line of
1900	the Lake Worth Creek; thence proceed northwesterly crossing the
1901	Loxahatchee River to the point of beginning: And also: Commence
1902	at the southwest corner of Section 16, Township 40 South, Range
1903	42 East Martin County; thence proceed north along the west line
1904	of Section 16 to the mean high water line of the Loxahatchee
1905	River being the point of beginning: Thence proceed southerly
1906	along the easterly mean high water line of said river and its
1907	tributaries to a point of nonnavigability; thence proceed
1908	westerly to the westerly mean high water line of said river;
1909	thence proceed northerly along the westerly mean high water line
1910	of said river and its tributaries to its intersection with the
1911	westerly line of Section 16, Township 40 South, Range 42 East;
1912	thence proceed southerly along the said westerly section line to
1913	the point of beginning: And also begin where the southerly mean
1914	high water line of the Southwest Fork of the Loxahatchee River
1915	intersects the westerly line of Section 35, Township 40 South,
1916	Range 42 East: Thence proceed southwesterly along the southerly
1917	mean high water line of the Southwest Fork to the northeasterly
1918	face of structure #46; thence proceed northwesterly along the
1919	face of said structure to the northerly mean high water line of
1920	the Southwest Fork; thence proceed northeasterly along said mean
1921	high water line to its intersection with the westerly line of
1922	Section 35, Township 40 South, Range 42 East; thence proceed
1923	southerly along westerly line of said section to the point of
1924	beginning.
1925	(11)  Biscayne Bay-Cape Florida to Monroe County Line
1926	Aquatic Preserve, as described in the Official Records of Miami-
1927	Dade Dade County in Book 7055, pages 852-856, less, however,
1928	those lands and waters as described in s. 258.397.
1929	(12)  North Fork, St. Lucie Aquatic Preserve, as described
1930	in the Official Records of Martin County in Book 337, pages
1931	2159-2162, and in the Official Records of St. Lucie County in
1932	Book 201, pages 1676-1679.
1933	(13)  Yellow River Marsh Aquatic Preserve, as described in
1934	the Official Records of Santa Rosa County in Book 206, pages
1935	568-571.
1936	(14)  Fort Pickens State Park Aquatic Preserve, as
1937	described in the Official Records of Santa Rosa County in Book
1938	220, pages 60-63, and in the Official Records of Escambia County
1939	in Book 518, pages 659-662.
1940	(15)  Rocky Bayou State Park Aquatic Preserve, as described
1941	in the Official Records of Okaloosa County in Book 593, pages
1942	742-745.
1943	(16)  St. Andrews State Park Aquatic Preserve, as described
1944	in the Official Records of Bay County in Book 379, pages 547-
1945	550.
1946	(17)  St. Joseph Bay Aquatic Preserve, as described in the
1947	Official Records of Gulf County in Book 46, pages 73-76.
1948	(18)  Apalachicola Bay Aquatic Preserve, as described in
1949	the Official Records of Gulf County in Book 46, pages 77-81, and
1950	in the Official Records of Franklin County in Volume 98, pages
1951	102-106.
1952	(19)  Alligator Harbor Aquatic Preserve, as described in
1953	the Official Records of Franklin County in Volume 98, pages 82-
1954	85.
1955	(20)  St. Martins Marsh Aquatic Preserve, as described in
1956	the Official Records of Citrus County in Book 276, pages 238-
1957	241.
1958	(21)  Matlacha Pass Aquatic Preserve, as described in the
1959	Official Records of Lee County in Book 800, pages 725-728.
1960	(22)  Pine Island Sound Aquatic Preserve, as described in
1961	the Official Records of Lee County in Book 648, pages 732-736.
1962	(23)  Cape Romano-Ten Thousand Islands Aquatic Preserve, as
1963	described in the Official Records of Collier County in Book 381,
1964	pages 298-301.
1965	(24)  Lignumvitae Key Aquatic Preserve, as described in the
1966	Official Records of Monroe County in Book 502, pages 139-142.
1967	(25)  Coupon Bight Aquatic Preserve, as described in the
1968	Official Records of Monroe County in Book 502, pages 143-146.
1969	(26)  Lake Jackson Aquatic Preserve, as established by
1970	chapter 73-534, Laws of Florida, and defined as authorized by
1971	law.
1972	(27)  Pinellas County Aquatic Preserve, as established by
1973	chapter 72-663, Laws of Florida; Boca Ciega Aquatic Preserve, as
1974	established by s. 258.396; and the Biscayne Bay Aquatic
1975	Preserve, as established by s. 258.397. If any provision of this
1976	act is in conflict with an aquatic preserve established by s.
1977	258.396, chapter 72-663, Laws of Florida, or s. 258.397, the
1978	stronger provision for the maintenance of the aquatic preserve
1979	shall prevail.
1980	(28)  Estero Bay Aquatic Preserve, the boundaries of which
1981	are generally: All of those sovereignty submerged lands located
1982	bayward of the mean high-water line being in Sections 13, 14,
1983	15, 16, 17, 18, 21, 22, 23, 24, 25, 26, 27, 35, and 36, Township
1984	46 South, Range 24 East; and in Sections 19, 20, 28, 29, and 34,
1985	Township 46 South, Range 24 East, lying north and east of
1986	Matanzas Pass Channel; and in Sections 19, 30, and 31, Township
1987	46 South, Range 25 East; and in Sections 6, 7, 17, 18, 19, 20,
1988	29, 30, 31, and 32, Township 47 South, Range 25 East; and in
1989	Sections 1, 2, 3, 11, 12, 13, 14, 24, and 25, Township 47 South,
1990	Range 24 East, in Lee County, Florida. Any and all submerged
1991	lands conveyed by the Trustees of the Internal Improvement Trust
1992	Fund prior to October 12, 1966, and any and all uplands now in
1993	private ownership are specifically exempted from this preserve.
1994	(29)  Cape Haze Aquatic Preserve, the boundaries of which
1995	are generally: That part of Gasparilla Sound, Catfish Creek,
1996	Whiddon Creek, "The Cutoff," Turtle Bay, and Charlotte Harbor
1997	lying within the following described limits: Northerly limits:
1998	Commence at the northwest corner of Section 18, Township 42
1999	South, Range 21 East, thence south along the west line of said
2000	Section 18 to its intersection with the Government Meander Line
2001	of 1843-1844, and the point of beginning, thence southeasterly
2002	along said meander line to the northwesterly shoreline of
2003	Catfish Creek, thence northeasterly along said shoreline to the
2004	north line of said Section 18, thence east along said north line
2005	to the easterly shoreline of Catfish Creek, thence southeasterly
2006	along said shoreline to the east line of said Section 18, thence
2007	south along said east line, crossing an arm of said Catfish
2008	Creek to the southerly shoreline of said creek, thence westerly
2009	along said southerly shoreline and southerly along the easterly
2010	shoreline of Catfish Creek to said Government Meander Line,
2011	thence easterly and southeasterly along said meander line to the
2012	northerly shoreline of Gasparilla Sound in Section 21, Township
2013	42 South, Range 21 East, thence easterly along said northerly
2014	shoreline and northeasterly along the westerly shoreline of
2015	Whiddon Creek to the east west quarter line in Section 16,
2016	Township 42 South, Range 21 East, thence east along said quarter
2017	line and the quarter Section line of Section 15, Township 42
2018	South, Range 21 East to the easterly shoreline of Whiddon Creek,
2019	thence southerly along said shoreline to the northerly shoreline
2020	of "The Cutoff," thence easterly along said shoreline to the
2021	westerly shoreline of Turtle Bay, thence northeasterly along
2022	said shoreline to its intersection with said Government Meander
2023	Line in Section 23, Township 42 South, Range 21 East, thence
2024	northeasterly along said meander line to the east line of
2025	Section 12, Township 42 South, Range 21 East, thence north along
2026	the east line of said Section 12, and the east line of Section
2027	1, Township 42 South, Range 21 East to the northwest corner of
2028	Section 6, Township 42 South, Range 22 East, thence east along
2029	the north line and extension thereof of said Section 6 to a
2030	point 2,640 feet east of the westerly shoreline of Charlotte
2031	Harbor and the end of the northerly limits. Easterly limits:
2032	Commence at the northwest corner of Section 6, Township 42
2033	South, Range 22 East, thence east along the north line of said
2034	Section 6 and extension thereof to a point 2,640 feet east of
2035	the westerly shoreline of Charlotte Harbor and the point of
2036	beginning, thence southerly along a line 2,640 feet easterly of
2037	and parallel with the westerly shoreline of Charlotte Harbor and
2038	along a southerly extension of said line to the line dividing
2039	Charlotte and Lee Counties and the end of the easterly limits.
2040	Southerly limits: Begin at the point of ending of the easterly
2041	limits, above described, said point being in the line dividing
2042	Charlotte and Lee Counties, thence southwesterly along a
2043	straight line to the most southerly point of Devil Fish Key,
2044	thence continue along said line to the easterly right-of-way of
2045	the Intracoastal Waterway and the end of the southerly limits.
2046	Westerly limits: Begin at the point of ending of the southerly
2047	limits as described above, thence northerly along the easterly
2048	right-of-way line of the Intracoastal Waterway to its
2049	intersection with a southerly extension of the west line of
2050	Section 18, Township 42 South, Range 21 East, thence north along
2051	said line to point of beginning.
2052	(30)  Wekiva River Aquatic Preserve, the boundaries of
2053	which are generally: All the state-owned sovereignty lands lying
2054	waterward of the ordinary high-water mark of the Wekiva River
2055	and the Little Wekiva River and their tributaries lying and
2056	being in Lake, Seminole, and Orange counties and more
2057	particularly described as follows:
2058	(a)  In Sections 15, 16, 17, 20, 21, 22, 27, 28, 29, and
2059	30, Township 20 South, Range 29 East. These sections are also
2060	depicted on the Forest City Quadrangle (U.S.G.S. 7.5 minute
2061	series-topographic) 1959 (70PR); and
2062	(b)  In Sections 3, 4, 8, 9, and 10, Township 20 South,
2063	Range 29 East and in Sections 21, 28, and 33, Township 19 South,
2064	Range 29 East lying north of the right-of-way for the Atlantic
2065	Coast Line Railroad and that part of Section 33, Township 19
2066	South, Range 29 East lying between the Lake and Orange County
2067	lines and the right-of-way of the Atlantic Coast Line Railroad.
2068	These sections are also depicted on the Sanford SW Quadrangle
2069	(U.S.G.S. 7.5 minute series-topographic) 1965 (70-1); and
2070	(c)  All state-owned sovereignty lands, public lands, and
2071	lands whether public or private below the ordinary high-water
2072	mark of the Wekiva River and the Little Wekiva and their
2073	tributaries within the Peter Miranda Grant in Lake County lying
2074	below the 10 foot m.s.l. contour line nearest the meander line
2075	of the Wekiva River and all state-owned sovereignty lands,
2076	public lands, and lands whether public or private below the
2077	ordinary high-water mark of the Wekiva River and the Little
2078	Wekiva and their tributaries within the Moses E. Levy Grant in
2079	Lake County below the 10 foot m.s.l. contour line nearest the
2080	meander lines of the Wekiva River and Black Water Creek as
2081	depicted on the PINE LAKES 1962 (70-1), ORANGE CITY 1964 (70PR),
2082	SANFORD 1965 (70-1), and SANFORD S.W. 1965 (70-1) QUADRANGLES
2083	(U.S.G.S. 7.5 minute topographic); and
2084	(d)  All state-owned sovereignty lands, public lands, and
2085	lands whether public or private below the ordinary high-water
2086	mark of the Wekiva River and the Little Wekiva River and their
2087	tributaries lying below the 10 foot m.s.l. contour line nearest
2088	the meander line of the Wekiva and St. Johns Rivers as shown on
2089	the ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1), and SANFORD
2090	S.W. 1965 (70-1) QUADRANGLES (U.S.G.S. 7.5 minute topographic)
2091	within the following described property: Beginning at a point on
2092	the south boundary of the Moses E. Levy Grant, Township 19
2093	South, Range 29 East, at its intersection with the meander line
2094	of the Wekiva River; thence south 60 1/2 degrees east along said
2095	boundary line 4,915.68 feet; thence north 29 1/2 degrees east
2096	15,516.5 feet to the meander line of the St. Johns River; thence
2097	northerly along the meander line of the St. Johns River to the
2098	mouth of the Wekiva River; thence southerly along the meander
2099	line of the Wekiva River to the beginning; and
2100	(e)  All state-owned sovereignty lands, public lands, and
2101	lands whether public or private below the ordinary high-water
2102	mark of the Wekiva River and the Little Wekiva River and their
2103	tributaries within the Peter Miranda Grant lying east of the
2104	Wekiva River, less the following:
2105	1.  State Road 46 and all land lying south of said State
2106	Road No. 46.
2107	2.  Beginning 15.56 chains West of the Southeast corner of
2108	the SW 1/4 of the NE 1/4 of Section 21, Township 19 South, Range
2109	29 East, run east 600 feet; thence north 960 feet; thence west
2110	340 feet to the Wekiva River; thence southwesterly along said
2111	Wekiva River to point of beginning.
2112	3.  That part of the east 1/4 of the SW 1/4 of Section 22,
2113	Township 19 South, Range 29 East, lying within the Peter Miranda
2114	Grant east of the Wekiva River.
2115	(f)  All the sovereignty submerged lands lying within the
2116	following described boundaries: Begin at the intersection of
2117	State Road 44 and the westerly ordinary high water line of the
2118	St. Johns River, Section 22, Township 17 South, Range 29 East,
2119	Lake County: Thence proceed southerly along the westerly
2120	ordinary high water line of said river and its tributaries to
2121	the intersection of the northerly right-of-way of State Road
2122	400; thence proceed northeasterly along said right-of-way to the
2123	easterly ordinary high water line of the St. Johns River; thence
2124	proceed northerly along said ordinary high water line of the St.
2125	Johns River and its tributaries to its intersection with the
2126	easterly ordinary high water line of Lake Beresford; thence
2127	proceed northerly along the ordinary high water line of said
2128	lake to its intersection with the westerly line of Section 24,
2129	Township 17 South, Range 29 East; thence proceed northerly to
2130	the southerly right-of-way of West New York Avenue; thence
2131	proceed westerly along the southerly right-of-way of said avenue
2132	to its intersection with the southerly right-of-way line of
2133	State Road 44; thence proceed southwesterly along said right-of-
2134	way to the point of beginning.
2135	(31)  Rookery Bay Aquatic Preserve, the boundaries of which
2136	are generally: All of the state-owned sovereignty lands lying
2137	waterward of the mean high-water line in Rookery Bay and in
2138	Henderson Creek and the tributaries thereto in Collier County,
2139	Florida. Said lands are more particularly described as lying and
2140	being in Sections 27, 34, 35, and 36, Township 50 South, Range
2141	25 East; in Section 31, Township 50 South, Range 26 East; in
2142	Sections 1, 2, 3, 10, 11, 12, 13, 14, 23, 24, and 25, Township
2143	51 South, Range 25 East; and in Sections 5, 6, 7, 8, 9, 10, 15,
2144	16, 17, 18, 19, 20, 30, and 31, Township 51 South, Range 26
2145	East, Collier County, Florida, and all the sovereignty submerged
2146	lands lying within the following described boundaries: Begin at
2147	the southwest corner of Section 30, Township 52 South, Range 27
2148	East, Collier County: Thence proceed easterly along the
2149	southerly line of said Section 30 to the southwest corner of
2150	Section 29, Township 52 South, Range 27 East; proceed thence
2151	northerly along the westerly lines of Sections 29, 20 and 17 to
2152	the northwest corner of said Section 17; thence proceed westerly
2153	along the northerly line of Section 18 to the southeast corner
2154	of Section 12, Township 52 South, Range 26 East; thence proceed
2155	northerly along the easterly lines of Sections 12, 1, 36 and 25
2156	to the northeast corner of said Section 25, Township 51 South,
2157	Range 26 East; thence proceed westerly along the northerly lines
2158	of Sections 25 and 26 to the northwest corner of said Section
2159	26; thence proceed northerly to northeast corner of said Section
2160	22; thence proceed westerly along the northerly lines of
2161	Sections 22 and 21 to the northwest corner of said Section 21;
2162	thence proceed southerly to the southwest corner of said Section
2163	21; thence proceed westerly along the northerly line of Section
2164	29 to the northwest corner thereof; thence proceed southerly
2165	along the westerly lines of Sections 29 and 32 to the southwest
2166	corner of said Section 32; thence proceed westerly to the
2167	northwest corner of Section 6, Township 52 South, Range 26 East;
2168	thence proceed southerly along a projection of Range line 25
2169	East to its intersection with a line which runs westerly from
2170	the southwest corner of Cape Romano - Ten Thousand Islands
2171	Aquatic Preserve; thence proceed easterly to the southwest
2172	corner of Cape Romano - Ten Thousand Islands Aquatic Preserve;
2173	thence proceed northerly to the point of beginning. Less and
2174	except: Begin at the southeast corner of Section 21, Township 52
2175	South, Range 26 East; thence proceed northerly along the
2176	easterly lines of Sections 21 and 16 to the northeast corner of
2177	said Section 16, thence proceed northerly to the thread of John
2178	Stevens Creek; thence proceed northwesterly along the thread of
2179	said creek to its intersection with the thread of Marco River;
2180	thence proceed northwesterly and westerly along the thread of
2181	said river to its intersection with the thread of Big Marco
2182	Pass; thence proceed southwesterly along the thread of Big Marco
2183	Pass to its intersection with Range line 25 East; thence proceed
2184	southerly along Range line 25 East to a point which is west from
2185	the point of beginning: Thence proceed easterly to the point of
2186	beginning.
2187	(32)  Rainbow Springs Aquatic Preserve, the boundaries of
2188	which are generally: Commencing at the intersection of Blue Run
2189	with the Withlacoochee River in Section 35, Township 16 South,
2190	Range 18 East; thence run southeasterly and easterly along said
2191	Blue Run to the east boundary of said Section 35; thence
2192	continue easterly and northerly along said Blue Run through
2193	Section 36, Township 16 South, Range 18 East, to the north
2194	boundary of said Section 36; thence continue northerly and
2195	northeasterly along said Blue Run in Section 25, Township 16
2196	South, Range 18 East, to the north boundary of the city limits
2197	of Dunnellon, Florida; thence from the north boundary of the
2198	city limits of Dunnellon, Florida, in Section 25, Township 16
2199	South, Range 18 East; thence run easterly along said Blue Run to
2200	its intersection with the east boundary line of said Section 25;
2201	thence continue easterly along said Rainbow River (Blue Run)
2202	into Section 30, Township 16 South, Range 19 East, thence
2203	northerly along said Rainbow River (Blue Run) through Sections
2204	30 and 19, Township 16 South, Range 19 East, to a point on the
2205	north boundary of the northwest 1/4 of Section 18; thence
2206	continue to run northwesterly to the head of Rainbow Springs in
2207	Section 12, Township 16 South, Range 18 East.
2208
2209	Any and all submerged lands theretofore conveyed by the Trustees
2210	of the Internal Improvement Trust Fund and any and all uplands
2211	now in private ownership are specifically exempted from this
2212	dedication.
2213	Reviser's note.--Amended to conform to the redesignation of
2214	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2215	Dade County Code.
2216	Section 52.  Subsection (1), paragraph (a) of subsection
2217	(2), paragraph (e) of subsection (3), and subsections (6) and
2218	(7) of section 258.397, Florida Statutes, are amended to read:
2219	258.397  Biscayne Bay Aquatic Preserve.--
2220	(1)  DESIGNATION.--Biscayne Bay in Miami-Dade Dade and
2221	Monroe Counties, as hereinafter described to include Card Sound,
2222	is designated and established as an aquatic preserve under the
2223	provisions of this section. It is the intent of the Legislature
2224	that Biscayne Bay be preserved in an essentially natural
2225	condition so that its biological and aesthetic values may endure
2226	for the enjoyment of future generations.
2227	(2)  BOUNDARIES.--
2228	(a)  For the purposes of this section, Biscayne Bay,
2229	sometimes referred to in this section as "the preserve," shall
2230	be comprised of the body of water in Miami-Dade Dade and Monroe
2231	Counties known as Biscayne Bay whose boundaries are generally
2232	defined as follows:
2233	Begin at the southwest intersection of the right-of-way of
2234	State Road 826 and the mean high-water line of Biscayne Bay
2235	(Township 52 South, Range 42 East, Miami-Dade Dade County);
2236	thence southerly along the westerly mean high-water line of
2237	Biscayne Bay to its intersection with the right-of-way of State
2238	Road 905A (Township 59 South, Range 40 East, Monroe County);
2239	thence easterly along such right-of-way to the easterly mean
2240	high-water line of Biscayne Bay; thence northerly along the
2241	easterly mean high-water line of Biscayne Bay following the
2242	westerly shores of the most easterly islands and Keys with
2243	connecting lines drawn between the closest points of adjacent
2244	islands to the southeasterly intersection of the right-of-way of
2245	State Road 826 and the mean high-water line of Biscayne Bay;
2246	thence westerly to the point of beginning. Said boundary extends
2247	across the mouths of all artificial waterways, but includes all
2248	natural waterways tidally connected to Biscayne Bay. Excluded
2249	from the preserve are those submerged lands conveyed to the
2250	United States for the establishment of the Biscayne National
2251	Monument as defined by Pub. L. No. 90-606 of the United States.
2252	(3)  AUTHORITY OF TRUSTEES.--The Board of Trustees of the
2253	Internal Improvement Trust Fund is authorized and directed to
2254	maintain the aquatic preserve hereby created pursuant and
2255	subject to the following provisions:
2256	(e)  Notwithstanding other provisions of this section, the
2257	board of trustees may, respecting lands lying within Biscayne
2258	Bay:
2259	1.  Enter into agreements for and establish lines
2260	delineating sovereignty and privately owned lands.
2261	2.  Enter into agreements for the exchange of, and
2262	exchange, sovereignty lands for privately owned lands.
2263	3.  Accept gifts of land within or contiguous to the
2264	preserve.
2265	4.  Negotiate for, and enter into agreements with owners of
2266	lands contiguous to sovereignty lands for, any public and
2267	private use of any of such lands.
2268	5.  Take any and all actions convenient for, or necessary
2269	to, the accomplishment of any and all of the acts and matters
2270	authorized by this paragraph.
2271	6.  Conduct restoration and enhancement efforts in Biscayne
2272	Bay and its tributaries.
2273	7.  Stabilize eroding shorelines of Biscayne Bay and its
2274	tributaries that are contributing to turbidity by planting
2275	natural vegetation to the greatest extent feasible and by the
2276	placement of riprap, as determined by Miami-Dade Dade County in
2277	conjunction with the Department of Environmental Protection.
2278	8.  Request the South Florida Water Management District to
2279	enter into a memorandum of understanding with the Department of
2280	Environmental Protection, the Biscayne National Park Service,
2281	the Miami-Dade Metro-Dade County Department of Environmental
2282	Resources Management and, at their option, the Corps of
2283	Engineers to include enhanced marine productivity in Biscayne
2284	Bay as an objective when operating the Central and Southern
2285	Florida Flood Control projects consistently with the goals of
2286	the water management district, including flood protection, water
2287	supply, and environmental protection.
2288	(6)  DISCHARGE OF WASTES PROHIBITED.--No wastes or
2289	effluents which substantially inhibit the accomplishment of the
2290	purposes of this section shall be discharged into the preserve.
2291	In order to ensure that these objectives are met, the following
2292	shall be required:
2293	(a)  The Department of Environmental Protection, in
2294	cooperation with the South Florida Water Management District and
2295	Miami-Dade Dade County, shall investigate stormwater management
2296	practices within the watershed and shall develop a corrective
2297	plan for management and treatment of stormwater. The plan shall
2298	provide for retrofitting of stormwater outfalls causing the
2299	greatest environmental damage to the bay.
2300	(b)  The Department of Environmental Protection, in
2301	cooperation with Miami-Dade Dade County, shall develop a program
2302	to regulate the use of pumpout facilities in the Biscayne Bay
2303	area and along the Miami River.
2304	(c)  The Department of Environmental Protection, in
2305	cooperation with Miami-Dade Dade County, shall develop a program
2306	to eliminate, to the greatest extent possible, the discharge of
2307	oil and other pollutants from ships and to remove derelict
2308	vessels from the Miami River and the Biscayne Bay area.
2309	(7)  ENFORCEMENT.--The provisions of this section may be
2310	enforced in accordance with the provisions of s. 403.412. In
2311	addition, the Department of Legal Affairs is authorized to bring
2312	an action for civil penalties of $5,000 per day against any
2313	person, natural or corporate, who violates the provisions of
2314	this section or any rule or regulation issued hereunder.
2315	Enforcement of applicable state regulations shall be
2316	supplemented by the Miami-Dade Metro-Dade County Department of
2317	Environmental Resources Management through the creation of a
2318	full-time enforcement presence along the Miami River.
2319	Reviser's note.--Amended to conform to the redesignation of
2320	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2321	Dade County Code and the current name of the Miami-Dade
2322	County Department of Environmental Resources Management.
2323	Section 53.  Section 286.0111, Florida Statutes, is amended
2324	to read:
2325	286.0111  Legislative review of certain exemptions from
2326	requirements for public meetings and recordkeeping by
2327	governmental entities.--The provisions of s. 119.15, the Open
2328	Government Sunset Review Act of 1995, apply to the provisions of
2329	law which provide exemptions to s. 286.011, as provided in s.
2330	119.15.
2331	Reviser's note.--Amended to conform to the renaming of the
2332	"Open Government Sunset Review Act of 1995" as the "Open
2333	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
2334	of Florida.
2335	Section 54.  Paragraph (e) of subsection (2) of section
2336	288.0655, Florida Statutes, is amended to read:
2337	288.0655  Rural Infrastructure Fund.--
2338	(2)
2339	(e)  To enable local governments to access the resources
2340	available pursuant to s. 403.973(18) 403.973(19), the office may
2341	award grants for surveys, feasibility studies, and other
2342	activities related to the identification and preclearance review
2343	of land which is suitable for preclearance review. Authorized
2344	grants under this paragraph shall not exceed $75,000 each,
2345	except in the case of a project in a rural area of critical
2346	economic concern, in which case the grant shall not exceed
2347	$300,000. Any funds awarded under this paragraph must be matched
2348	at a level of 50 percent with local funds, except that any funds
2349	awarded for a project in a rural area of critical economic
2350	concern must be matched at a level of 33 percent with local
2351	funds. In evaluating applications under this paragraph, the
2352	office shall consider the extent to which the application seeks
2353	to minimize administrative and consultant expenses.
2354	Reviser's note.--Amended to conform to the repeal of s.
2355	403.973(4) by s. 23, ch. 2007-105, Laws of Florida.
2356	Section 55.  Paragraph (b) of subsection (2) of section
2357	288.1223, Florida Statutes, is amended to read:
2358	288.1223  Florida Commission on Tourism; creation; purpose;
2359	membership.--
2360	(2)
2361	(b)  When making the 17 general tourism-industry-related
2362	appointments to the commission, the Governor shall appoint
2363	persons who are residents of the state, recognized tourism
2364	leaders, including, but not limited to, representatives of
2365	tourist development councils, convention and visitor bureaus,
2366	and associations, and chairs of the board, presidents, chief
2367	executive officers, chief operating officers, or persons of
2368	comparable executive level or influence of leading or otherwise
2369	important tourism industries. Consideration shall be given to
2370	appointing members who represent those tourist-related lodging,
2371	retail, attraction, and transportation industries which
2372	contribute significantly to the promotion of Florida as a
2373	tourist destination from their private budgets and publicly
2374	through their voluntary tourism promotion investment
2375	contributions. Minority persons, as defined in s. 288.703, shall
2376	be included in the appointments to the commission and to any
2377	advisory committee appointed by the commission, so that the
2378	commission and advisory committees are broadly representative of
2379	the population of Florida. In addition, members shall be
2380	appointed in such a manner as to equitably represent all
2381	geographic areas of the state, with no fewer than two and no
2382	more than four members from any of the following regions:
2383	1.  Region 1, composed of Bay, Calhoun, Escambia, Franklin,
2384	Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
2385	Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
2386	2.  Region 2, composed of Alachua, Baker, Bradford, Clay,
2387	Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
2388	Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
2389	Taylor, and Union Counties.
2390	3.  Region 3, composed of Brevard, Indian River, Lake,
2391	Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
2392	Volusia Counties.
2393	4.  Region 4, composed of Citrus, Hernando, Hillsborough,
2394	Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
2395	5.  Region 5, composed of Charlotte, Collier, DeSoto,
2396	Glades, Hardee, Hendry, Highlands, and Lee Counties.
2397	6.  Region 6, composed of Broward, Dade, Martin, Miami-
2398	Dade, Monroe, and Palm Beach Counties.
2399
2400	No more than one member may be an employee of any one company,
2401	organization, council, or bureau.
2402	Reviser's note.--Amended to conform to the redesignation of
2403	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2404	Dade County Code.
2405	Section 56.  Paragraph (e) of subsection (1) and paragraph
2406	(d) of subsection (4) of section 288.1254, Florida Statutes, are
2407	amended to read:
2408	288.1254  Entertainment industry financial incentive
2409	program.--
2410	(1)  DEFINITIONS.--As used in this section, the term:
2411	(e)  "Production" means a theatrical or direct-to-video
2412	motion picture; a made-for-television motion picture; a
2413	commercial; a music video; an industrial or educational film; an
2414	infomercial; a documentary film; a television pilot program; a
2415	presentation for a television pilot program; a television
2416	series, including, but not limited to, a drama, a reality show,
2417	a comedy, a soap opera, a telenovela, a game show, or a
2418	miniseries production; or a digital media project by the
2419	entertainment industry. One season of a television series is
2420	considered one production. The term excludes a weather or market
2421	program; a sporting event; a sports show; a gala; a production
2422	that solicits funds; a home shopping program; a political
2423	program; a political documentary; political advertising; a
2424	gambling-related project or production; a concert production; a
2425	pornographic production; or a local, regional, or Internet-
2426	distributed-only news show, current-events show, pornographic
2427	production, or current-affairs show. A production may be
2428	produced on or by film, tape, or otherwise by means of a motion
2429	picture camera; electronic camera or device; tape device;
2430	computer; any combination of the foregoing; or any other means,
2431	method, or device now used or later adopted.
2432	(4)  PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF
2433	ELIGIBILITY; QUEUES.--
2434	(d)  Digital media projects queue.--Ten percent of
2435	incentive funding appropriated in any state fiscal year shall be
2436	dedicated to the digital media projects queue. A production
2437	certified under this queue is eligible for a reimbursement equal
2438	to 10 percent of if its actual qualified expenditures. A
2439	qualified production that is a digital media project that
2440	demonstrates a minimum of $300,000 in total qualified
2441	expenditures is eligible for a maximum of $1 million in
2442	incentive funding. As used in this paragraph, the term
2443	"qualified expenditures" means the wages or salaries paid to a
2444	resident of this state for working on a single qualified digital
2445	media project, up to a maximum of $200,000 in wages or salaries
2446	paid per resident. A qualified production company producing
2447	digital media projects may not qualify for more than three
2448	projects in any 1 fiscal year. Projects that extend beyond a
2449	fiscal year must reapply each fiscal year in order to be
2450	eligible for incentive funding for that year.
2451	Reviser's note.--Paragraph (1)(e) is amended to confirm the
2452	editorial insertion of the word "or" after the word "show"
2453	to improve clarity and facilitate correct interpretation.
2454	Paragraph (4)(d) is amended to confirm the editorial
2455	substitution of the word "of" for the word "if" to correct
2456	a typographical error.
2457	Section 57.  Paragraphs (a) and (g) of subsection (5) of
2458	section 288.8175, Florida Statutes, are amended to read:
2459	288.8175  Linkage institutes between postsecondary
2460	institutions in this state and foreign countries.--
2461	(5)  The institutes are:
2462	(a)  Florida-Brazil Institute (University of Florida and
2463	Miami Dade Miami-Dade Community College).
2464	(g)  Florida-France Institute (New College of the
2465	University of South Florida, Miami Dade Miami-Dade Community
2466	College, and Florida State University).
2467	Reviser's note.--Amended to conform to the correct name of
2468	Miami Dade College.
2469	Section 58.  Subsection (7) of section 288.9015, Florida
2470	Statutes, is repealed.
2471	Reviser's note.--The referenced subsection, which relates
2472	to Enterprise Florida, Inc., working with the Department of
2473	Education and Workforce Florida, Inc., in designating
2474	districts to participate in the CHOICE project under
2475	repealed s. 1003.494, has served its purpose.
2476	Section 59.  Subsection (6) of section 288.90151, Florida
2477	Statutes, is amended to read:
2478	288.90151  Return on investment from activities of
2479	Enterprise Florida, Inc.--
2480	(6)  Enterprise Florida, Inc., shall fully comply with the
2481	performance measures, standards, and sanctions in its contracts
2482	with the Office of Tourism, Trade, and Economic Development
2483	under s. 14.2015(2)(h) and (7) 14.2015(2)(i) and (7). The Office
2484	of Tourism, Trade, and Economic Development shall ensure, to the
2485	maximum extent possible, that the contract performance measures
2486	are consistent with performance measures that the office is
2487	required to develop and track under performance-based program
2488	budgeting.
2489	Reviser's note.--Amended to confirm the editorial
2490	substitution of a reference to s. 14.2015(2)(h) and (7) for
2491	a reference to s. 14.2015(2)(i) and (7). Material
2492	concerning contracts between Enterprise Florida, Inc., and
2493	the Office of Tourism, Trade, and Economic Development is
2494	covered in s. 14.2015(2)(h) and (7).
2495	Section 60.  Subsection (8) of section 288.9551, Florida
2496	Statutes, is amended to read:
2497	288.9551  Exemptions from public records and meetings
2498	requirements; Scripps Florida Funding Corporation, The Scripps
2499	Research Institute or grantee, and the Office of Tourism, Trade,
2500	and Economic Development.--
2501	(8)  This section is subject to the Open Government Sunset
2502	Review Act of 1995 in accordance with s. 119.15 and shall stand
2503	repealed on October 2, 2009, unless reviewed and saved from
2504	repeal through reenactment by the Legislature.
2505	Reviser's note.--Amended to conform to the renaming of the
2506	"Open Government Sunset Review Act of 1995" as the "Open
2507	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
2508	of Florida.
2509	Section 61.  Subsection (5) and paragraph (d) of subsection
2510	(12) of section 288.975, Florida Statutes, are amended to read:
2511	288.975  Military base reuse plans.--
2512	(5)  At the discretion of the host local government, the
2513	provisions of this act may be complied with through the adoption
2514	of the military base reuse plan as a separate component of the
2515	local government comprehensive plan or through simultaneous
2516	amendments to all pertinent portions of the local government
2517	comprehensive plan. Once adopted and approved in accordance with
2518	this section, the military base reuse plan shall be considered
2519	to be part of the host local government's comprehensive plan and
2520	shall be thereafter implemented, amended, and reviewed in
2521	accordance with the provisions of part II of chapter 163. Local
2522	government comprehensive plan amendments necessary to initially
2523	adopt the military base reuse plan shall be exempt from the
2524	limitation on the frequency of plan amendments contained in s.
2525	163.3187(1) 163.3187(2).
2526	(12)  Following receipt of a petition, the petitioning
2527	party or parties and the host local government shall seek
2528	resolution of the issues in dispute. The issues in dispute shall
2529	be resolved as follows:
2530	(d)  Within 45 days after receiving the report from the
2531	state land planning agency, the Administration Commission shall
2532	take action to resolve the issues in dispute. In deciding upon a
2533	proper resolution, the Administration Commission shall consider
2534	the nature of the issues in dispute, any requests for a formal
2535	administrative hearing pursuant to chapter 120, the compliance
2536	of the parties with this section, the extent of the conflict
2537	between the parties, the comparative hardships and the public
2538	interest involved. If the Administration Commission incorporates
2539	in its final order a term or condition that requires any local
2540	government to amend its local government comprehensive plan, the
2541	local government shall amend its plan within 60 days after the
2542	issuance of the order. Such amendment or amendments shall be
2543	exempt from the limitation of the frequency of plan amendments
2544	contained in s. 163.3187(1) 163.3187(2), and a public hearing on
2545	such amendment or amendments pursuant to s. 163.3184(15)(b)1.
2546	shall not be required. The final order of the Administration
2547	Commission is subject to appeal pursuant to s. 120.68. If the
2548	order of the Administration Commission is appealed, the time for
2549	the local government to amend its plan shall be tolled during
2550	the pendency of any local, state, or federal administrative or
2551	judicial proceeding relating to the military base reuse plan.
2552	Reviser's note.--Amended to substitute a reference to s.
2553	163.3187(1), which relates to frequency of plan amendments,
2554	for a reference to s. 163.3187(2), which relates to
2555	amendments to preserve the internal consistency of the
2556	plan.
2557	Section 62.  Subsection (69) of section 316.003, Florida
2558	Statutes, is amended to read:
2559	316.003  Definitions.--The following words and phrases,
2560	when used in this chapter, shall have the meanings respectively
2561	ascribed to them in this section, except where the context
2562	otherwise requires:
2563	(69)  HAZARDOUS MATERIAL.--Any substance or material which
2564	has been determined by the secretary of the United States
2565	Department of Transportation to be capable of imposing an
2566	unreasonable risk to health, safety, and property. This term
2567	includes hazardous waste as defined in s. 403.703(13)
2568	403.703(21).
2569	Reviser's note.--Amended to conform to the relocation of
2570	the referenced definition by the substantial rewording of
2571	s. 403.703 by s. 6, ch. 2007-184, Laws of Florida.
2572	Section 63.  Paragraph (a) of subsection (8) of section
2573	320.0805, Florida Statutes, is amended to read:
2574	320.0805  Personalized prestige license plates.--
2575	(8)(a)  Personalized prestige license plates shall consist
2576	of three four types of plates as follows:
2577	1.  A plate imprinted with numerals only. Such plates shall
2578	consist of numerals from 1 to 999, inclusive.
2579	2.  A plate imprinted with capital letters only. Such
2580	plates shall consist of capital letters "A" through "Z" and
2581	shall be limited to a total of seven of the same or different
2582	capital letters. A hyphen may be added in addition to the seven
2583	letters.
2584	3.  A plate imprinted with both capital letters and
2585	numerals. Such plates shall consist of no more than a total of
2586	seven characters, including both numerals and capital letters,
2587	in any combination, except that a hyphen may be added in
2588	addition to the seven characters if desired or needed. However,
2589	on those plates issued to, and bearing the names of,
2590	organizations, the letters and numerals shall be of such size,
2591	if necessary, as to accommodate a maximum of 18 digits for
2592	automobiles, trucks, and recreational vehicles and 7 digits for
2593	motorcycles. Plates consisting of the four capital letters
2594	"PRES" preceded or followed by a hyphen and numerals of 1 to 999
2595	shall be reserved for issuance only to applicants who qualify as
2596	members of the press and who are associated with, or are
2597	employees of, the reporting media.
2598	Reviser's note.--Amended to conform to the deletion of
2599	subparagraph (8)(a)4. by s. 20, ch. 96-413, Laws of
2600	Florida.
2601	Section 64.  Paragraph (a) of subsection (9) of section
2602	322.34, Florida Statutes, is amended to read:
2603	322.34  Driving while license suspended, revoked, canceled,
2604	or disqualified.--
2605	(9)(a)  A motor vehicle that is driven by a person under
2606	the influence of alcohol or drugs in violation of s. 316.193 is
2607	subject to seizure and forfeiture under ss. 932.701-932.706
2608	932.701-932.707 and is subject to liens for recovering, towing,
2609	or storing vehicles under s. 713.78 if, at the time of the
2610	offense, the person's driver's license is suspended, revoked, or
2611	canceled as a result of a prior conviction for driving under the
2612	influence.
2613	Reviser's note.--Amended to conform to the repeal of s.
2614	932.707 by s. 21, ch. 2006-176, Laws of Florida.
2615	Section 65.  Paragraph (a) of subsection (4) of section
2616	323.001, Florida Statutes, is amended to read:
2617	323.001  Wrecker operator storage facilities; vehicle
2618	holds.--
2619	(4)  The requirements for a written hold apply when the
2620	following conditions are present:
2621	(a)  The officer has probable cause to believe the vehicle
2622	should be seized and forfeited under the Florida Contraband
2623	Forfeiture Act, ss. 932.701-932.706 932.701-932.707;
2624	Reviser's note.--Amended to conform to the repeal of s.
2625	932.707 by s. 21, ch. 2006-176, Laws of Florida.
2626	Section 66.  Paragraph (b) of subsection (3) of section
2627	328.07, Florida Statutes, is amended to read:
2628	328.07  Hull identification number required.--
2629	(3)
2630	(b)  If any of the hull identification numbers required by
2631	the United States Coast Guard for a vessel manufactured after
2632	October 31, 1972, do not exist or have been altered, removed,
2633	destroyed, covered, or defaced or the real identity of the
2634	vessel cannot be determined, the vessel may be seized as
2635	contraband property by a law enforcement agency or the division,
2636	and shall be subject to forfeiture pursuant to ss. 932.701-
2637	932.706 932.701-932.707. Such vessel may not be sold or operated
2638	on the waters of the state unless the division receives a
2639	request from a law enforcement agency providing adequate
2640	documentation or is directed by written order of a court of
2641	competent jurisdiction to issue to the vessel a replacement hull
2642	identification number which shall thereafter be used for
2643	identification purposes. No vessel shall be forfeited under the
2644	Florida Contraband Forfeiture Act when the owner unknowingly,
2645	inadvertently, or neglectfully altered, removed, destroyed,
2646	covered, or defaced the vessel hull identification number.
2647	Reviser's note.--Amended to conform to the repeal of s.
2648	932.707 by s. 21, ch. 2006-176, Laws of Florida.
2649	Section 67.  Subsection (4) of section 337.0261, Florida
2650	Statutes, is amended to read:
2651	337.0261  Construction aggregate materials.--
2652	(4)  EXPEDITED PERMITTING.--Due to the state's critical
2653	infrastructure needs and the potential shortfall in available
2654	construction aggregate materials, limerock environmental
2655	resource permitting and reclamation applications filed after
2656	March 1, 2007, are eligible for the expedited permitting
2657	processes contained in s. 403.973. Challenges to state agency
2658	action in the expedited permitting process for establishment of
2659	a limerock mine in this state under s. 403.973 are subject to
2660	the same requirements as challenges brought under s.
2661	403.973(14)(a) 403.973(15)(a), except that, notwithstanding s.
2662	120.574, summary proceedings must be conducted within 30 days
2663	after a party files the motion for summary hearing, regardless
2664	of whether the parties agree to the summary proceeding.
2665	Reviser's note.--Amended to conform to the repeal of s.
2666	403.973(4) by s. 23, ch. 2007-105, Laws of Florida.
2667	Section 68.  Section 338.165, Florida Statutes, is
2668	reenacted to read:
2669	338.165  Continuation of tolls.--
2670	(1)  The department, any transportation or expressway
2671	authority or, in the absence of an authority, a county or
2672	counties may continue to collect the toll on a revenue-producing
2673	project after the discharge of any bond indebtedness related to
2674	such project and may increase such toll. All tolls so collected
2675	shall first be used to pay the annual cost of the operation,
2676	maintenance, and improvement of the toll project.
2677	(2)  If the revenue-producing project is on the State
2678	Highway System, any remaining toll revenue shall be used for the
2679	construction, maintenance, or improvement of any road on the
2680	State Highway System within the county or counties in which the
2681	revenue-producing project is located, except as provided in s.
2682	348.0004.
2683	(3)  Notwithstanding any other provision of law, the
2684	department, including the turnpike enterprise, shall index toll
2685	rates on existing toll facilities to the annual Consumer Price
2686	Index or similar inflation indicators. Toll rate adjustments for
2687	inflation under this subsection may be made no more frequently
2688	than once a year and must be made no less frequently than once
2689	every 5 years as necessary to accommodate cash toll rate
2690	schedules. Toll rates may be increased beyond these limits as
2691	directed by bond documents, covenants, or governing body
2692	authorization or pursuant to department administrative rule.
2693	(4)  Notwithstanding any other law to the contrary,
2694	pursuant to s. 11, Art. VII of the State Constitution, and
2695	subject to the requirements of subsection (2), the Department of
2696	Transportation may request the Division of Bond Finance to issue
2697	bonds secured by toll revenues collected on the Alligator Alley,
2698	the Sunshine Skyway Bridge, the Beeline-East Expressway, the
2699	Navarre Bridge, and the Pinellas Bayway to fund transportation
2700	projects located within the county or counties in which the
2701	project is located and contained in the adopted work program of
2702	the department.
2703	(5)  If the revenue-producing project is on the county road
2704	system, any remaining toll revenue shall be used for the
2705	construction, maintenance, or improvement of any other state or
2706	county road within the county or counties in which the revenue-
2707	producing project is located, except as provided in s. 348.0004.
2708	(6)  Selection of projects on the State Highway System for
2709	construction, maintenance, or improvement with toll revenues
2710	shall be, with the concurrence of the department, consistent
2711	with the Florida Transportation Plan.
2712	(7)  Notwithstanding the provisions of subsection (1), and
2713	not including high occupancy toll lanes or express lanes, no
2714	tolls may be charged for use of an interstate highway where
2715	tolls were not charged as of July 1, 1997.
2716	(8)  With the exception of subsection (3), this section
2717	does not apply to the turnpike system as defined under the
2718	Florida Turnpike Enterprise Law.
2719	Reviser's note.--Section 51, ch. 2007-196, Laws of Florida,
2720	amended s. 338.165 without publishing existing subsection
2721	(6) and amended existing subsection (7) with coding
2722	indicating the material is newly numbered by that law as
2723	subsection (7) and with uncoded language at the beginning
2724	of the subsection reading "[w]ith the exception of
2725	subsection (3)." To conform to renumbering of subsections
2726	by s. 51, ch. 2007-196, and absent affirmative evidence of
2727	legislative intent to repeal existing subsection (6),
2728	redesignated as subsection (7) to conform to the addition
2729	of a new subsection (3) by s. 51, ch. 2007-196, the section
2730	is reenacted.
2731	Section 69.  Subsection (4) of section 338.231, Florida
2732	Statutes, is amended to read:
2733	338.231  Turnpike tolls, fixing; pledge of tolls and other
2734	revenues.--The department shall at all times fix, adjust,
2735	charge, and collect such tolls for the use of the turnpike
2736	system as are required in order to provide a fund sufficient
2737	with other revenues of the turnpike system to pay the cost of
2738	maintaining, improving, repairing, and operating such turnpike
2739	system; to pay the principal of and interest on all bonds issued
2740	to finance or refinance any portion of the turnpike system as
2741	the same become due and payable; and to create reserves for all
2742	such purposes.
2743	(4)  For the period July 1, 1998, through June 30, 2017,
2744	the department shall, to the maximum extent feasible, program
2745	sufficient funds in the tentative work program such that the
2746	percentage of turnpike toll and bond financed commitments in
2747	Miami-Dade Dade County, Broward County, and Palm Beach County as
2748	compared to total turnpike toll and bond financed commitments
2749	shall be at least 90 percent of the share of net toll
2750	collections attributable to users of the turnpike system in
2751	Miami-Dade Dade County, Broward County, and Palm Beach County as
2752	compared to total net toll collections attributable to users of
2753	the turnpike system. The requirements of this subsection do not
2754	apply when the application of such requirements would violate
2755	any covenant established in a resolution or trust indenture
2756	relating to the issuance of turnpike bonds.
2757	Reviser's note.--Amended to conform to the redesignation of
2758	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2759	Dade County Code.
2760	Section 70.  Paragraph (a) of subsection (3) of section
2761	339.175, Florida Statutes, is amended to read:
2762	339.175  Metropolitan planning organization.--
2763	(3)  VOTING MEMBERSHIP.--
2764	(a)  The voting membership of an M.P.O. shall consist of
2765	not fewer than 5 or more than 19 apportioned members, the exact
2766	number to be determined on an equitable geographic-population
2767	ratio basis by the Governor, based on an agreement among the
2768	affected units of general-purpose local government as required
2769	by federal rules and regulations. The Governor, in accordance
2770	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
2771	represent municipalities to alternate with representatives from
2772	other municipalities within the metropolitan planning area that
2773	do not have members on the M.P.O. County commission members
2774	shall compose not less than one-third of the M.P.O. membership,
2775	except for an M.P.O. with more than 15 members located in a
2776	county with a 5-member county commission or an M.P.O. with 19
2777	members located in a county with no more than 6 county
2778	commissioners, in which case county commission members may
2779	compose less than one-third percent of the M.P.O. membership,
2780	but all county commissioners must be members. All voting members
2781	shall be elected officials of general-purpose local governments,
2782	except that an M.P.O. may include, as part of its apportioned
2783	voting members, a member of a statutorily authorized planning
2784	board, an official of an agency that operates or administers a
2785	major mode of transportation, or an official of Space Florida
2786	the Florida Space Authority. As used in this section, the term
2787	"elected officials of a general-purpose local government" shall
2788	exclude constitutional officers, including sheriffs, tax
2789	collectors, supervisors of elections, property appraisers,
2790	clerks of the court, and similar types of officials. County
2791	commissioners shall compose not less than 20 percent of the
2792	M.P.O. membership if an official of an agency that operates or
2793	administers a major mode of transportation has been appointed to
2794	an M.P.O.
2795	Reviser's note.--Amended to conform to the amendment to s.
2796	331.302 by s. 3, ch. 2006-60, Laws of Florida, which
2797	replaced the Florida Space Authority with Space Florida.
2798	Section 71.  Paragraph (a) of subsection (11) of section
2799	343.92, Florida Statutes, is amended to read:
2800	343.92  Tampa Bay Area Regional Transportation Authority.--
2801	(11)(a)  The authority shall establish a Transit Management
2802	Committee comprised of the executive directors or general
2803	managers, or their designees, of each of the existing transit
2804	providers and Tampa bay area commuter services.
2805	Reviser's note.--Amended to confirm the editorial deletion
2806	of the word "Tampa" preceding the word "bay" to conform to
2807	context.
2808	Section 72.  Paragraph (l) of subsection (2) of section
2809	348.243, Florida Statutes, is repealed.
2810	Reviser's note.--The cited paragraph, which relates to an
2811	agreement to sell, transfer, and dispose of all property of
2812	the Sawgrass Expressway to the Department of Transportation
2813	as part of the Turnpike System, has served its purpose.
2814	Section 73.  Subsection (14) of section 364.02, Florida
2815	Statutes, is amended to read:
2816	364.02  Definitions.--As used in this chapter:
2817	(14)  "Telecommunications company" includes every
2818	corporation, partnership, and person and their lessees,
2819	trustees, or receivers appointed by any court whatsoever, and
2820	every political subdivision in the state, offering two-way
2821	telecommunications service to the public for hire within this
2822	state by the use of a telecommunications facility. The term
2823	"telecommunications company" does not include:
2824	(a)  An entity which provides a telecommunications facility
2825	exclusively to a certificated telecommunications company;
2826	(b)  An entity which provides a telecommunications facility
2827	exclusively to a company which is excluded from the definition
2828	of a telecommunications company under this subsection;
2829	(c)  A commercial mobile radio service provider;
2830	(d)  A facsimile transmission service;
2831	(e)  A private computer data network company not offering
2832	service to the public for hire;
2833	(f)  A cable television company providing cable service as
2834	defined in 47 U.S.C. s. 522; or
2835	(g)  An intrastate interexchange telecommunications
2836	company.
2837
2838	However, each commercial mobile radio service provider and each
2839	intrastate interexchange telecommunications company shall
2840	continue to be liable for any taxes imposed under chapters 202,
2841	203, and 212 and any fees assessed under s. 364.025. Each
2842	intrastate interexchange telecommunications company shall
2843	continue to be subject to ss. 364.04, 364.10(3)(a) and (d),
2844	364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall
2845	provide the commission with the current information as the
2846	commission deems necessary to contact and communicate with the
2847	company, shall continue to pay intrastate switched network
2848	access rates or other intercarrier compensation to the local
2849	exchange telecommunications company or the competitive local
2850	exchange telecommunications company for the origination and
2851	termination of interexchange telecommunications service, and
2852	shall reduce its intrastate long distance toll rates in
2853	accordance with former s. 364.163(2).
2854	Reviser's note.--Amended to conform to the repeal of s.
2855	364.163(2) by s. 12, ch. 2007-29, Laws of Florida.
2856	Section 74.  Subsection (3) of section 367.171, Florida
2857	Statutes, is amended to read:
2858	367.171  Effectiveness of this chapter.--
2859	(3)  In consideration of the variance of powers, duties,
2860	responsibilities, population, and size of municipalities of the
2861	several counties and in consideration of the fact that every
2862	county varies from every other county and thereby affects the
2863	functions, duties, and responsibilities required of its county
2864	officers and the scope of responsibilities which each county
2865	may, at this time, undertake, the Counties of Alachua, Baker,
2866	Bradford, Calhoun, Charlotte, Collier, Dade, Dixie, Escambia,
2867	Flagler, Gadsden, Gilchrist, Glades, Hamilton, Hardee, Hendry,
2868	Hernando, Hillsborough, Holmes, Indian River, Jefferson,
2869	Lafayette, Leon, Liberty, Madison, Manatee, Miami-Dade,
2870	Okaloosa, Okeechobee, Polk, St. Lucie, Santa Rosa, Sarasota,
2871	Suwannee, Taylor, Union, Wakulla, and Walton are excluded from
2872	the provisions of this chapter until such time as the board of
2873	county commissioners of any such county, acting pursuant to the
2874	provisions of subsection (1), makes this chapter applicable to
2875	such county or until the Legislature, by appropriate act,
2876	removes one or more of such counties from this exclusion.
2877	Reviser's note.--Amended to conform to the redesignation of
2878	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2879	Dade County Code.
2880	Section 75.  Subsection (2) of section 369.255, Florida
2881	Statutes, is amended to read:
2882	369.255  Green utility ordinances for funding greenspace
2883	management and exotic plant control.--
2884	(2)  In addition to any other funding mechanisms legally
2885	available to counties and municipalities to control invasive,
2886	nonindigenous aquatic or upland plants and manage urban forest
2887	resources, a county or municipality may create one or more green
2888	utilities or adopt fees sufficient to plan, restore, and manage
2889	urban forest resources, greenways, forest preserves, wetlands,
2890	and other aquatic zones and create a stewardship grant program
2891	for private natural areas. Counties or municipalities may
2892	create, alone or in cooperation with other counties or
2893	municipalities pursuant to the Florida Interlocal Cooperation
2894	Act of 1969, s. 163.01, one or more greenspace management
2895	districts to fund the planning, management, operation, and
2896	administration of a greenspace management program. The fees
2897	shall be collected on a voluntary basis as set forth by the
2898	county or municipality and calculated to generate sufficient
2899	funds to plan, manage, operate, and administer a greenspace
2900	management program. Private natural areas assessed according to
2901	s. 193.501 would qualify for stewardship grants.
2902	Reviser's note.--Amended to conform to the name of the
2903	Florida Interlocal Cooperation Act of 1969 as referenced in
2904	s. 163.01.
2905	Section 76.  Paragraph (a) of subsection (4) of section
2906	370.142, Florida Statutes, is amended to read:
2907	370.142  Spiny lobster trap certificate program.--
2908	(4)  TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS
2909	BOARD.--There is hereby established the Trap Certificate
2910	Technical Advisory and Appeals Board. Such board shall consider
2911	and advise the commission on disputes and other problems arising
2912	from the implementation of the spiny lobster trap certificate
2913	program. The board may also provide information to the
2914	commission on the operation of the trap certificate program.
2915	(a)  The board shall consist of the executive director of
2916	the commission or designee and nine other members appointed by
2917	the executive director, according to the following criteria:
2918	1.  All appointed members shall be certificateholders, but
2919	two shall be holders of fewer than 100 certificates, two shall
2920	be holders of at least 100 but no more than 750 certificates,
2921	three shall be holders of more than 750 but not more than 2,000
2922	certificates, and two shall be holders of more than 2,000
2923	certificates.
2924	2.  At least one member each shall come from Broward,
2925	Miami-Dade Dade, and Palm Beach Counties; and five members shall
2926	come from the various regions of the Florida Keys.
2927	3.  At least one appointed member shall be a person of
2928	Hispanic origin capable of speaking English and Spanish.
2929	Reviser's note.--Amended to conform to the redesignation of
2930	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2931	Dade County Code.
2932	Section 77.  Paragraph (a) of subsection (2) of section
2933	370.172, Florida Statutes, is amended to read:
2934	370.172  Spearfishing; definition; limitations; penalty.--
2935	(2)(a)  Spearfishing is prohibited within the boundaries of
2936	the John Pennekamp Coral Reef State Park, the waters of Collier
2937	County, and the area in Monroe County known as Upper Keys, which
2938	includes all salt waters under the jurisdiction of the Fish and
2939	Wildlife Conservation Commission beginning at the county line
2940	between Miami-Dade Dade and Monroe Counties and running south,
2941	including all of the keys down to and including Long Key.
2942	Reviser's note.--Amended to conform to the redesignation of
2943	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2944	Dade County Code.
2945	Section 78.  Section 372.09, Florida Statutes, is amended
2946	to read:
2947	372.09  State Game Trust Fund.--The funds resulting from
2948	the operation of the commission and from the administration of
2949	the laws and regulations pertaining to birds, game, fur-bearing
2950	animals, freshwater fish, reptiles, and amphibians, together
2951	with any other funds specifically provided for such purposes
2952	shall constitute the State Game Trust Fund and shall be used by
2953	the commission as it shall deem fit in carrying out the
2954	provisions hereof and for no other purposes, except that annual
2955	use fees deposited into the trust fund from the sale of the
2956	Largemouth Bass license plate may be expended for the purposes
2957	provided under s. 320.08058(17) 320.08058(18). The commission
2958	may not obligate itself beyond the current resources of the
2959	State Game Trust Fund unless specifically so authorized by the
2960	Legislature.
2961	Reviser's note.--Amended to conform to the repeal of s.
2962	320.08058(15) by s. 2, ch. 2007-103, Laws of Florida, and
2963	the subsequent redesignation of subsections.
2964	Section 79.  Paragraph (b) of subsection (8) of section
2965	373.026, Florida Statutes, is amended to read:
2966	373.026  General powers and duties of the department.--The
2967	department, or its successor agency, shall be responsible for
2968	the administration of this chapter at the state level. However,
2969	it is the policy of the state that, to the greatest extent
2970	possible, the department may enter into interagency or
2971	interlocal agreements with any other state agency, any water
2972	management district, or any local government conducting programs
2973	related to or materially affecting the water resources of the
2974	state. All such agreements shall be subject to the provisions of
2975	s. 373.046. In addition to its other powers and duties, the
2976	department shall, to the greatest extent possible:
2977	(8)
2978	(b)  To ensure to the greatest extent possible that project
2979	components will go forward as planned, the department shall
2980	collaborate with the South Florida Water Management District in
2981	implementing the comprehensive plan as defined in s.
2982	373.470(2)(b) 373.470(2)(a), the Lake Okeechobee Watershed
2983	Protection Plan as defined in s. 373.4595(2), and the River
2984	Watershed Protection Plans as defined in s. 373.4595(2). Before
2985	any project component is submitted to Congress for authorization
2986	or receives an appropriation of state funds, the department must
2987	approve, or approve with amendments, each project component
2988	within 60 days following formal submittal of the project
2989	component to the department. Prior to the release of state funds
2990	for the implementation of the comprehensive plan, department
2991	approval shall be based upon a determination of the South
2992	Florida Water Management District's compliance with s.
2993	373.1501(5). Once a project component is approved, the South
2994	Florida Water Management District shall provide to the Joint
2995	Legislative Committee on Everglades Oversight a schedule for
2996	implementing the project component, the estimated total cost of
2997	the project component, any existing federal or nonfederal
2998	credits, the estimated remaining federal and nonfederal share of
2999	costs, and an estimate of the amount of state funds that will be
3000	needed to implement the project component. All requests for an
3001	appropriation of state funds needed to implement the project
3002	component shall be submitted to the department, and such
3003	requests shall be included in the department's annual request to
3004	the Governor. Prior to the release of state funds for the
3005	implementation of the Lake Okeechobee Watershed Protection Plan
3006	or the River Watershed Protection Plans, on an annual basis, the
3007	South Florida Water Management District shall prepare an annual
3008	work plan as part of the consolidated annual report required in
3009	s. 373.036(7). Upon a determination by the secretary of the
3010	annual work plan's consistency with the goals and objectives of
3011	s. 373.4595, the secretary may approve the release of state
3012	funds. Any modifications to the annual work plan shall be
3013	submitted to the secretary for review and approval.
3014	Reviser's note.--Amended to conform to the redesignation of
3015	s. 373.470(2)(a) as s. 373.470(2)(b) by s. 4, ch. 2007-253,
3016	Laws of Florida.
3017	Section 80.  Paragraph (d) of subsection (2) of section
3018	373.073, Florida Statutes, is amended to read:
3019	373.073  Governing board.--
3020	(2)  Membership on governing boards shall be selected from
3021	candidates who have significant experience in one or more of the
3022	following areas, including, but not limited to: agriculture, the
3023	development industry, local government, government-owned or
3024	privately owned water utilities, law, civil engineering,
3025	environmental science, hydrology, accounting, or financial
3026	businesses. Notwithstanding the provisions of any other general
3027	or special law to the contrary, vacancies in the governing
3028	boards of the water management districts shall be filled
3029	according to the following residency requirements, representing
3030	areas designated by the United States Water Resources Council in
3031	United States Geological Survey, River Basin and Hydrological
3032	Unit Map of Florida--1975, Map Series No. 72:
3033	(d)  South Florida Water Management District:
3034	1.  Two members shall reside in Miami-Dade Dade County.
3035	2.  One member shall reside in Broward County.
3036	3.  One member shall reside in Palm Beach County.
3037	4.  One member shall reside in Collier County, Lee County,
3038	Hendry County, or Charlotte County.
3039	5.  One member shall reside in Glades County, Okeechobee
3040	County, Highlands County, Polk County, Orange County, or Osceola
3041	County.
3042	6.  Two members, appointed at large, shall reside in an
3043	area consisting of St. Lucie, Martin, Palm Beach, Broward,
3044	Miami-Dade Dade, and Monroe Counties.
3045	7.  One member, appointed at large, shall reside in an area
3046	consisting of Collier, Lee, Charlotte, Hendry, Glades, Osceola,
3047	Okeechobee, Polk, Highlands, and Orange Counties.
3048	8.  No county shall have more than three members on the
3049	governing board.
3050	Reviser's note.--Amended to conform to the redesignation of
3051	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3052	Dade County Code.
3053	Section 81.  Paragraph (a) of subsection (1) of section
3054	373.1501, Florida Statutes, is amended to read:
3055	373.1501  South Florida Water Management District as local
3056	sponsor.--
3057	(1)  As used in this section and s. 373.026(8), the term:
3058	(a)  "C-111 Project" means the project identified in the
3059	Central and Southern Florida Flood Control Project, Real Estate
3060	Design Memorandum, Canal 111, South Miami-Dade Dade County,
3061	Florida.
3062	Reviser's note.--Amended to conform to the redesignation of
3063	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3064	Dade County Code.
3065	Section 82.  Paragraph (a) of subsection (2) of section
3066	373.1502, Florida Statutes, is amended to read:
3067	373.1502  Regulation of comprehensive plan project
3068	components.--
3069	(2)  FINDINGS; INTENT.--
3070	(a)  The Legislature finds that implementation of the
3071	comprehensive plan, as defined in s. 373.470(2)(b)
3072	373.470(2)(a), is in the public interest and is necessary for
3073	restoring, preserving, and protecting the South Florida
3074	ecosystem, providing for the protection of water quality in and
3075	the reduction of the loss of fresh water from the Everglades,
3076	and providing such features as are necessary to meet the other
3077	water-related needs of the region, including flood control, the
3078	enhancement of water supplies, and other objectives served by
3079	the project.
3080	Reviser's note.--Amended to conform to the redesignation of
3081	s. 373.470(2)(a) as s. 373.470(2)(b) by s. 4, ch. 2007-253,
3082	Laws of Florida.
3083	Section 83.  Paragraph (b) of subsection (3) of section
3084	373.1961, Florida Statutes, is amended to read:
3085	373.1961  Water production; general powers and duties;
3086	identification of needs; funding criteria; economic incentives;
3087	reuse funding.--
3088	(3)  FUNDING.--
3089	(b)  Beginning in fiscal year 2005-2006, the state shall
3090	annually provide a portion of those revenues deposited into the
3091	Water Protection and Sustainability Program Trust Fund for the
3092	purpose of providing funding assistance for the development of
3093	alternative water supplies pursuant to the Water Protection and
3094	Sustainability Program. At the beginning of each fiscal year,
3095	beginning with fiscal year 2005-2006, such revenues shall be
3096	distributed by the department into the alternative water supply
3097	trust fund accounts created by each district for the purpose of
3098	alternative water supply development under the following funding
3099	formula:
3100	1.  Thirty percent to the South Florida Water Management
3101	District;
3102	2.  Twenty-five percent to the Southwest Florida Water
3103	Management District;
3104	3.  Twenty-five percent to the St. Johns River Water
3105	Management District;
3106	4.  Ten percent to the Suwannee River Water Management
3107	District; and
3108	5.  Ten percent to the Northwest Florida Water Management
3109	District.
3110	Reviser's note.--Amended to conform to the name of the
3111	trust fund at s. 403.891, which creates the fund.
3112	Section 84.  Subsection (16) of section 373.414, Florida
3113	Statutes, is amended to read:
3114	373.414  Additional criteria for activities in surface
3115	waters and wetlands.--
3116	(16)  Until October 1, 2000, regulation under rules adopted
3117	pursuant to this part of any sand, limerock, or limestone mining
3118	activity which is located in Township 52 South, Range 39 East,
3119	sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26,
3120	27, 34, 35, and 36; in Township 52 South, Range 40 East,
3121	sections 6, 7, 8, 18, and 19; in Township 53 South, Range 39
3122	East, sections 1, 2, 13, 21, 22, 23, 24, 25, 26, 33, 34, 35, and
3123	36; and in Township 54 South, Range 38 East, sections 24, and
3124	25, and 36, shall not include the rules adopted pursuant to
3125	subsection (9). In addition, until October 1, 2000, such
3126	activities shall continue to be regulated under the rules
3127	adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
3128	Florida Statutes 1983, as amended, as such rules existed prior
3129	to the effective date of the rules adopted pursuant to
3130	subsection (9) and such dredge and fill jurisdiction shall be
3131	that which existed prior to January 24, 1984. In addition, any
3132	such sand, limerock, or limestone mining activity shall be
3133	approved by Miami-Dade Dade County and the United States Army
3134	Corps of Engineers. This section shall only apply to mining
3135	activities which are continuous and carried out on land
3136	contiguous to mining operations that were in existence on or
3137	before October 1, 1984.
3138	Reviser's note.--Amended to conform to the redesignation of
3139	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3140	Dade County Code.
3141	Section 85.  Subsections (16) and (19) of section 373.4211,
3142	Florida Statutes, are amended to read:
3143	373.4211  Ratification of chapter 17-340, Florida
3144	Administrative Code, on the delineation of the landward extent
3145	of wetlands and surface waters.--Pursuant to s. 373.421, the
3146	Legislature ratifies chapter 17-340, Florida Administrative
3147	Code, approved on January 13, 1994, by the Environmental
3148	Regulation Commission, with the following changes:
3149	(16)  Rule 17-340.450(2) is amended by adding, after the
3150	species list, the following language:
3151	"Within Monroe County and the Key Largo portion of Miami-
3152	Dade Dade County only, the following species shall be listed as
3153	Facultative Wet: Alternanthera maritima, Morinda royoc, and
3154	Strumpfia maritima."
3155	(19)  Rule 17-340.450(3) is amended by adding, after the
3156	species list, the following language:
3157	"Within Monroe County and the Key Largo portion of Miami-
3158	Dade Dade County only, the following species shall be listed as
3159	facultative: Alternanthera paronychioides, Byrsonima lucida,
3160	Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,
3161	Pisonis rotundata, Pithecellobium keyensis, Pithecellobium
3162	unquis-cati, Randia aculeata, Reynosia septentrionalis, and
3163	Thrinax radiata."
3164	Reviser's note.--Amended to conform to the redesignation of
3165	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3166	Dade County Code.
3167	Section 86.  Paragraph (f) of subsection (1) and paragraph
3168	(b) of subsection (4) of section 373.4592, Florida Statutes, are
3169	amended to read:
3170	373.4592  Everglades improvement and management.--
3171	(1)  FINDINGS AND INTENT.--
3172	(f)  The Legislature finds that improved water supply and
3173	hydroperiod management are crucial elements to overall
3174	revitalization of the Everglades ecosystem, including Florida
3175	Bay. It is the intent of the Legislature to expedite plans and
3176	programs for improving water quantity reaching the Everglades,
3177	correcting long-standing hydroperiod problems, increasing the
3178	total quantity of water flowing through the system, providing
3179	water supply for the Everglades National Park, urban and
3180	agricultural areas, and Florida Bay, and replacing water
3181	previously available from the coastal ridge in areas of southern
3182	Miami-Dade Dade County. Whenever possible, wasteful discharges
3183	of fresh water to tide shall be reduced, and the water shall be
3184	stored for delivery at more optimum times. Additionally, reuse
3185	and conservation measures shall be implemented consistent with
3186	law. The Legislature further recognizes that additional water
3187	storage may be an appropriate use of Lake Okeechobee.
3188	(4)  EVERGLADES PROGRAM.--
3189	(b)  Everglades water supply and hydroperiod improvement
3190	and restoration.--
3191	1.  A comprehensive program to revitalize the Everglades
3192	shall include programs and projects to improve the water
3193	quantity reaching the Everglades Protection Area at optimum
3194	times and improve hydroperiod deficiencies in the Everglades
3195	ecosystem. To the greatest extent possible, wasteful discharges
3196	of fresh water to tide shall be reduced, and water conservation
3197	practices and reuse measures shall be implemented by water
3198	users, consistent with law. Water supply management must include
3199	improvement of water quantity reaching the Everglades,
3200	correction of long-standing hydroperiod problems, and an
3201	increase in the total quantity of water flowing through the
3202	system. Water supply management must provide water supply for
3203	the Everglades National Park, the urban and agricultural areas,
3204	and the Florida Bay and must replace water previously available
3205	from the coastal ridge areas of southern Miami-Dade Dade County.
3206	The Everglades Construction Project redirects some water
3207	currently lost to tide. It is an important first step in
3208	completing hydroperiod improvement.
3209	2.  The district shall operate the Everglades Construction
3210	Project as specified in the February 15, 1994, conceptual design
3211	document, to provide additional inflows to the Everglades
3212	Protection Area. The increased flow from the project shall be
3213	directed to the Everglades Protection Area as needed to achieve
3214	an average annual increase of 28 percent compared to the
3215	baseline years of 1979 to 1988. Consistent with the design of
3216	the Everglades Construction Project and without demonstratively
3217	reducing water quality benefits, the regulatory releases will be
3218	timed and distributed to the Everglades Protection Area to
3219	maximize environmental benefits.
3220	3.  The district shall operate the Everglades Construction
3221	Project in accordance with the February 15, 1994, conceptual
3222	design document to maximize the water quantity benefits and
3223	improve the hydroperiod of the Everglades Protection Area. All
3224	reductions of flow to the Everglades Protection Area from BMP
3225	implementation will be replaced. The district shall develop a
3226	model to be used for quantifying the amount of water to be
3227	replaced. The timing and distribution of this replaced water
3228	will be directed to the Everglades Protection Area to maximize
3229	the natural balance of the Everglades Protection Area.
3230	4.  The Legislature recognizes the complexity of the
3231	Everglades watershed, as well as legal mandates under Florida
3232	and federal law. As local sponsor of the Central and Southern
3233	Florida Flood Control Project, the district must coordinate its
3234	water supply and hydroperiod programs with the Federal
3235	Government. Federal planning, research, operating guidelines,
3236	and restrictions for the Central and Southern Florida Flood
3237	Control Project now under review by federal agencies will
3238	provide important components of the district's Everglades
3239	Program. The department and district shall use their best
3240	efforts to seek the amendment of the authorized purposes of the
3241	project to include water quality protection, hydroperiod
3242	restoration, and environmental enhancement as authorized
3243	purposes of the Central and Southern Florida Flood Control
3244	Project, in addition to the existing purposes of water supply,
3245	flood protection, and allied purposes. Further, the department
3246	and the district shall use their best efforts to request that
3247	the Federal Government include in the evaluation of the
3248	regulation schedule for Lake Okeechobee a review of the
3249	regulatory releases, so as to facilitate releases of water into
3250	the Everglades Protection Area which further improve hydroperiod
3251	restoration.
3252	5.  The district, through cooperation with the federal and
3253	state agencies, shall develop other programs and methods to
3254	increase the water flow and improve the hydroperiod of the
3255	Everglades Protection Area.
3256	6.  Nothing in this section is intended to provide an
3257	allocation or reservation of water or to modify the provisions
3258	of part II. All decisions regarding allocations and reservations
3259	of water shall be governed by applicable law.
3260	7.  The district shall proceed to expeditiously implement
3261	the minimum flows and levels for the Everglades Protection Area
3262	as required by s. 373.042 and shall expeditiously complete the
3263	Lower East Coast Water Supply Plan.
3264	Reviser's note.--Amended to conform to the redesignation of
3265	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3266	Dade County Code.
3267	Section 87.  Paragraph (c) of subsection (3) of section
3268	373.4595, Florida Statutes, is amended to read:
3269	373.4595  Northern Everglades and Estuaries Protection
3270	Program.--
3271	(3)  LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.--A
3272	protection program for Lake Okeechobee that achieves phosphorus
3273	load reductions for Lake Okeechobee shall be immediately
3274	implemented as specified in this subsection. The program shall
3275	address the reduction of phosphorus loading to the lake from
3276	both internal and external sources. Phosphorus load reductions
3277	shall be achieved through a phased program of implementation.
3278	Initial implementation actions shall be technology-based, based
3279	upon a consideration of both the availability of appropriate
3280	technology and the cost of such technology, and shall include
3281	phosphorus reduction measures at both the source and the
3282	regional level. The initial phase of phosphorus load reductions
3283	shall be based upon the district's Technical Publication 81-2
3284	and the district's WOD program, with subsequent phases of
3285	phosphorus load reductions based upon the total maximum daily
3286	loads established in accordance with s. 403.067. In the
3287	development and administration of the Lake Okeechobee Watershed
3288	Protection Program, the coordinating agencies shall maximize
3289	opportunities provided by federal cost-sharing programs and
3290	opportunities for partnerships with the private sector.
3291	(c)  Lake Okeechobee Watershed Phosphorus Control
3292	Program.--The Lake Okeechobee Watershed Phosphorus Control
3293	Program is designed to be a multifaceted approach to reducing
3294	phosphorus loads by improving the management of phosphorus
3295	sources within the Lake Okeechobee watershed through
3296	implementation of regulations and best management practices,
3297	development and implementation of improved best management
3298	practices, improvement and restoration of the hydrologic
3299	function of natural and managed systems, and utilization of
3300	alternative technologies for nutrient reduction. The
3301	coordinating agencies shall facilitate the application of
3302	federal programs that offer opportunities for water quality
3303	treatment, including preservation, restoration, or creation of
3304	wetlands on agricultural lands.
3305	1.  Agricultural nonpoint source best management practices,
3306	developed in accordance with s. 403.067 and designed to achieve
3307	the objectives of the Lake Okeechobee Watershed Protection
3308	Program, shall be implemented on an expedited basis. The
3309	coordinating agencies shall develop an interagency agreement
3310	pursuant to ss. 373.046 and 373.406(5) that assures the
3311	development of best management practices that complement
3312	existing regulatory programs and specifies how those best
3313	management practices are implemented and verified. The
3314	interagency agreement shall address measures to be taken by the
3315	coordinating agencies during any best management practice
3316	reevaluation performed pursuant to sub-subparagraph d. The
3317	department shall use best professional judgment in making the
3318	initial determination of best management practice effectiveness.
3319	a.  As provided in s. 403.067(7)(c), the Department of
3320	Agriculture and Consumer Services, in consultation with the
3321	department, the district, and affected parties, shall initiate
3322	rule development for interim measures, best management
3323	practices, conservation plans, nutrient management plans, or
3324	other measures necessary for Lake Okeechobee watershed total
3325	maximum daily load reduction. The rule shall include thresholds
3326	for requiring conservation and nutrient management plans and
3327	criteria for the contents of such plans. Development of
3328	agricultural nonpoint source best management practices shall
3329	initially focus on those priority basins listed in subparagraph
3330	(b)1. The Department of Agriculture and Consumer Services, in
3331	consultation with the department, the district, and affected
3332	parties, shall conduct an ongoing program for improvement of
3333	existing and development of new interim measures or best
3334	management practices for the purpose of adoption of such
3335	practices by rule. The Department of Agriculture and Consumer
3336	Services shall work with the University of Florida's Institute
3337	of Food and Agriculture Sciences to review and, where
3338	appropriate, develop revised nutrient application rates for all
3339	agricultural soil amendments in the watershed.
3340	b.  Where agricultural nonpoint source best management
3341	practices or interim measures have been adopted by rule of the
3342	Department of Agriculture and Consumer Services, the owner or
3343	operator of an agricultural nonpoint source addressed by such
3344	rule shall either implement interim measures or best management
3345	practices or demonstrate compliance with the district's WOD
3346	program by conducting monitoring prescribed by the department or
3347	the district. Owners or operators of agricultural nonpoint
3348	sources who implement interim measures or best management
3349	practices adopted by rule of the Department of Agriculture and
3350	Consumer Services shall be subject to the provisions of s.
3351	403.067(7). The Department of Agriculture and Consumer Services,
3352	in cooperation with the department and the district, shall
3353	provide technical and financial assistance for implementation of
3354	agricultural best management practices, subject to the
3355	availability of funds.
3356	c.  The district or department shall conduct monitoring at
3357	representative sites to verify the effectiveness of agricultural
3358	nonpoint source best management practices.
3359	d.  Where water quality problems are detected for
3360	agricultural nonpoint sources despite the appropriate
3361	implementation of adopted best management practices, the
3362	Department of Agriculture and Consumer Services, in consultation
3363	with the other coordinating agencies and affected parties, shall
3364	institute a reevaluation of the best management practices and
3365	make appropriate changes to the rule adopting best management
3366	practices.
3367	2.  Nonagricultural nonpoint source best management
3368	practices, developed in accordance with s. 403.067 and designed
3369	to achieve the objectives of the Lake Okeechobee Watershed
3370	Protection Program, shall be implemented on an expedited basis.
3371	The department and the district shall develop an interagency
3372	agreement pursuant to ss. 373.046 and 373.406(5) that assures
3373	the development of best management practices that complement
3374	existing regulatory programs and specifies how those best
3375	management practices are implemented and verified. The
3376	interagency agreement shall address measures to be taken by the
3377	department and the district during any best management practice
3378	reevaluation performed pursuant to sub-subparagraph d.
3379	a.  The department and the district are directed to work
3380	with the University of Florida's Institute of Food and
3381	Agricultural Sciences to develop appropriate nutrient
3382	application rates for all nonagricultural soil amendments in the
3383	watershed. As provided in s. 403.067(7)(c), the department, in
3384	consultation with the district and affected parties, shall
3385	develop interim measures, best management practices, or other
3386	measures necessary for Lake Okeechobee watershed total maximum
3387	daily load reduction. Development of nonagricultural nonpoint
3388	source best management practices shall initially focus on those
3389	priority basins listed in subparagraph (b)1. The department, the
3390	district, and affected parties shall conduct an ongoing program
3391	for improvement of existing and development of new interim
3392	measures or best management practices. The district shall adopt
3393	technology-based standards under the district's WOD program for
3394	nonagricultural nonpoint sources of phosphorus. Nothing in this
3395	sub-subparagraph shall affect the authority of the department or
3396	the district to adopt basin-specific criteria under this part to
3397	prevent harm to the water resources of the district.
3398	b.  Where nonagricultural nonpoint source best management
3399	practices or interim measures have been developed by the
3400	department and adopted by the district, the owner or operator of
3401	a nonagricultural nonpoint source shall implement interim
3402	measures or best management practices and be subject to the
3403	provisions of s. 403.067(7). The department and district shall
3404	provide technical and financial assistance for implementation of
3405	nonagricultural nonpoint source best management practices,
3406	subject to the availability of funds.
3407	c.  The district or the department shall conduct monitoring
3408	at representative sites to verify the effectiveness of
3409	nonagricultural nonpoint source best management practices.
3410	d.  Where water quality problems are detected for
3411	nonagricultural nonpoint sources despite the appropriate
3412	implementation of adopted best management practices, the
3413	department and the district shall institute a reevaluation of
3414	the best management practices.
3415	3.  The provisions of subparagraphs 1. and 2. shall not
3416	preclude the department or the district from requiring
3417	compliance with water quality standards or with current best
3418	management practices requirements set forth in any applicable
3419	regulatory program authorized by law for the purpose of
3420	protecting water quality. Additionally, subparagraphs 1. and 2.
3421	are applicable only to the extent that they do not conflict with
3422	any rules promulgated by the department that are necessary to
3423	maintain a federally delegated or approved program.
3424	4.  Projects that reduce the phosphorus load originating
3425	from domestic wastewater systems within the Lake Okeechobee
3426	watershed shall be given funding priority in the department's
3427	revolving loan program under s. 403.1835. The department shall
3428	coordinate and provide assistance to those local governments
3429	seeking financial assistance for such priority projects.
3430	5.  Projects that make use of private lands, or lands held
3431	in trust for Indian tribes, to reduce nutrient loadings or
3432	concentrations within a basin by one or more of the following
3433	methods: restoring the natural hydrology of the basin, restoring
3434	wildlife habitat or impacted wetlands, reducing peak flows after
3435	storm events, increasing aquifer recharge, or protecting range
3436	and timberland from conversion to development, are eligible for
3437	grants available under this section from the coordinating
3438	agencies. For projects of otherwise equal priority, special
3439	funding priority will be given to those projects that make best
3440	use of the methods outlined above that involve public-private
3441	partnerships or that obtain federal match money. Preference
3442	ranking above the special funding priority will be given to
3443	projects located in a rural area of critical economic concern
3444	designated by the Governor. Grant applications may be submitted
3445	by any person or tribal entity, and eligible projects may
3446	include, but are not limited to, the purchase of conservation
3447	and flowage easements, hydrologic restoration of wetlands,
3448	creating treatment wetlands, development of a management plan
3449	for natural resources, and financial support to implement a
3450	management plan.
3451	6.a.  The department shall require all entities disposing
3452	of domestic wastewater residuals within the Lake Okeechobee
3453	watershed and the remaining areas of Okeechobee, Glades, and
3454	Hendry Counties to develop and submit to the department an
3455	agricultural use plan that limits applications based upon
3456	phosphorus loading. By July 1, 2005, phosphorus concentrations
3457	originating from these application sites shall not exceed the
3458	limits established in the district's WOD program. After December
3459	31, 2007, the department may not authorize the disposal of
3460	domestic wastewater residuals within the Lake Okeechobee
3461	watershed unless the applicant can affirmatively demonstrate
3462	that the phosphorus in the residuals will not add to phosphorus
3463	loadings in Lake Okeechobee or its tributaries. This
3464	demonstration shall be based on achieving a net balance between
3465	phosphorus imports relative to exports on the permitted
3466	application site. Exports shall include only phosphorus removed
3467	from the Lake Okeechobee watershed through products generated on
3468	the permitted application site. This prohibition does not apply
3469	to Class AA residuals that are marketed and distributed as
3470	fertilizer products in accordance with department rule.
3471	b.  Private and government-owned utilities within Monroe,
3472	Miami-Dade Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
3473	River, Okeechobee, Highlands, Hendry, and Glades Counties that
3474	dispose of wastewater residual sludge from utility operations
3475	and septic removal by land spreading in the Lake Okeechobee
3476	watershed may use a line item on local sewer rates to cover
3477	wastewater residual treatment and disposal if such disposal and
3478	treatment is done by approved alternative treatment methodology
3479	at a facility located within the areas designated by the
3480	Governor as rural areas of critical economic concern pursuant to
3481	s. 288.0656. This additional line item is an environmental
3482	protection disposal fee above the present sewer rate and shall
3483	not be considered a part of the present sewer rate to customers,
3484	notwithstanding provisions to the contrary in chapter 367. The
3485	fee shall be established by the county commission or its
3486	designated assignee in the county in which the alternative
3487	method treatment facility is located. The fee shall be
3488	calculated to be no higher than that necessary to recover the
3489	facility's prudent cost of providing the service. Upon request
3490	by an affected county commission, the Florida Public Service
3491	Commission will provide assistance in establishing the fee.
3492	Further, for utilities and utility authorities that use the
3493	additional line item environmental protection disposal fee, such
3494	fee shall not be considered a rate increase under the rules of
3495	the Public Service Commission and shall be exempt from such
3496	rules. Utilities using the provisions of this section may
3497	immediately include in their sewer invoicing the new
3498	environmental protection disposal fee. Proceeds from this
3499	environmental protection disposal fee shall be used for
3500	treatment and disposal of wastewater residuals, including any
3501	treatment technology that helps reduce the volume of residuals
3502	that require final disposal, but such proceeds shall not be used
3503	for transportation or shipment costs for disposal or any costs
3504	relating to the land application of residuals in the Lake
3505	Okeechobee watershed.
3506	c.  No less frequently than once every 3 years, the Florida
3507	Public Service Commission or the county commission through the
3508	services of an independent auditor shall perform a financial
3509	audit of all facilities receiving compensation from an
3510	environmental protection disposal fee. The Florida Public
3511	Service Commission or the county commission through the services
3512	of an independent auditor shall also perform an audit of the
3513	methodology used in establishing the environmental protection
3514	disposal fee. The Florida Public Service Commission or the
3515	county commission shall, within 120 days after completion of an
3516	audit, file the audit report with the President of the Senate
3517	and the Speaker of the House of Representatives and shall
3518	provide copies to the county commissions of the counties set
3519	forth in sub-subparagraph b. The books and records of any
3520	facilities receiving compensation from an environmental
3521	protection disposal fee shall be open to the Florida Public
3522	Service Commission and the Auditor General for review upon
3523	request.
3524	7.  The Department of Health shall require all entities
3525	disposing of septage within the Lake Okeechobee watershed to
3526	develop and submit to that agency an agricultural use plan that
3527	limits applications based upon phosphorus loading. By July 1,
3528	2005, phosphorus concentrations originating from these
3529	application sites shall not exceed the limits established in the
3530	district's WOD program.
3531	8.  The Department of Agriculture and Consumer Services
3532	shall initiate rulemaking requiring entities within the Lake
3533	Okeechobee watershed which land-apply animal manure to develop
3534	resource management system level conservation plans, according
3535	to United States Department of Agriculture criteria, which limit
3536	such application. Such rules may include criteria and thresholds
3537	for the requirement to develop a conservation or nutrient
3538	management plan, requirements for plan approval, and
3539	recordkeeping requirements.
3540	9.  The district, the department, or the Department of
3541	Agriculture and Consumer Services, as appropriate, shall
3542	implement those alternative nutrient reduction technologies
3543	determined to be feasible pursuant to subparagraph (d)6.
3544	Reviser's note.--Amended to conform to the redesignation of
3545	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3546	Dade County Code.
3547	Section 88.  Paragraph (e) of subsection (2) of section
3548	373.470, Florida Statutes, is amended to read:
3549	373.470  Everglades restoration.--
3550	(2)  DEFINITIONS.--As used in this section, the term:
3551	(e)  "Lake Okeechobee Watershed Protection Plan" means the
3552	plan developed pursuant to ss. 373.4595(3)(a) 375.4595 and
3553	373.451-373.459.
3554	Reviser's note.--Amended to conform to the fact that s.
3555	375.4595 does not exist. Section 373.4595(3)(a) provides
3556	for the Lake Okeechobee Watershed Protection Plan.
3557	Section 89.  Subsection (1) of section 373.472, Florida
3558	Statutes, is amended to read:
3559	373.472  Save Our Everglades Trust Fund.--
3560	(1)  There is created within the Department of
3561	Environmental Protection the Save Our Everglades Trust Fund.
3562	Funds in the trust fund shall be expended to implement the
3563	comprehensive plan defined in s. 373.470(2)(b) 373.470(2)(a),
3564	the Lake Okeechobee Watershed Protection Plan defined in s.
3565	373.4595(2), the Caloosahatchee River Watershed Protection Plan
3566	defined in s. 373.4595(2), and the St. Lucie River Watershed
3567	Protection Plan defined in s. 373.4595(2), and to pay debt
3568	service for Everglades restoration bonds issued pursuant to s.
3569	215.619. The trust fund shall serve as the repository for state,
3570	local, and federal project contributions in accordance with s.
3571	373.470(4).
3572	Reviser's note.--Amended to conform to the redesignation of
3573	s. 373.470(2)(a) as s. 373.470(2)(b) by s. 4, ch. 2007-253,
3574	Laws of Florida.
3575	Section 90.  Paragraph (c) of subsection (3) of section
3576	376.308, Florida Statutes, is amended to read:
3577	376.308  Liabilities and defenses of facilities.--
3578	(3)  For purposes of this section, the following additional
3579	defenses shall apply to sites contaminated with petroleum or
3580	petroleum products:
3581	(c)  The defendant is a lender which held a security
3582	interest in the site and has foreclosed or otherwise acted to
3583	acquire title primarily to protect its security interest, and
3584	seeks to sell, transfer, or otherwise divest the assets for
3585	subsequent sale at the earliest possible time, taking all
3586	relevant facts and circumstances into account, and has not
3587	undertaken management activities beyond those necessary to
3588	protect its financial interest, to effectuate compliance with
3589	environmental statutes and rules, or to prevent or abate a
3590	discharge; however, if the facility is not eligible for cleanup
3591	pursuant to s. 376.305(6) 376.305(7), s. 376.3071, or s.
3592	376.3072, any funds expended by the department for cleanup of
3593	the property shall constitute a lien on the property against any
3594	subsequent sale after the amount of the former security interest
3595	(including the cost of collection, management, and sale) is
3596	satisfied.
3597	Reviser's note.--Amended to conform to the redesignation of
3598	s. 376.305(7) as s. 376.305(6) by s. 4, ch. 96-277, Laws of
3599	Florida.
3600	Section 91.  Subsection (1) of section 377.42, Florida
3601	Statutes, is amended to read:
3602	377.42  Big Cypress Swamp Advisory Committee.--
3603	(1)  For purposes of this section, the Big Cypress
3604	watershed is defined as the area in Collier County and the
3605	adjoining portions of Hendry, Broward, Miami-Dade Dade, and
3606	Monroe Counties which is designated as the Big Cypress Swamp in
3607	U.S. Geological Survey Open-File Report No. 70003.
3608	Reviser's note.--Amended to conform to the redesignation of
3609	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3610	Dade County Code.
3611	Section 92.  Paragraph (c) of subsection (1), paragraph (c)
3612	of subsection (2), and paragraph (c) of subsection (3) of
3613	section 381.0273, Florida Statutes, are amended to read:
3614	381.0273  Public records exemption for patient safety
3615	data.--
3616	(1)  Information that identifies a patient and that is
3617	contained in patient safety data, as defined in s. 766.1016, or
3618	in other records held by the Florida Patient Safety Corporation
3619	and its subsidiaries, advisory committees, or contractors
3620	pursuant to s. 381.0271 is confidential and exempt from s.
3621	119.07(1) and s. 24(a), Art. I of the State Constitution.
3622	Personal identifying information made confidential and exempt
3623	from disclosure by this subsection may be disclosed only:
3624	(c)  To a health research entity if the entity seeks the
3625	records or data pursuant to a research protocol approved by the
3626	corporation, maintains the records or data in accordance with
3627	the approved protocol, and enters into a purchase and data-use
3628	agreement with the corporation, the fee provisions of which are
3629	consistent with s. 119.07(4) 119.07(1)(a). The corporation may
3630	deny a request for records or data that identify the patient if
3631	the protocol provides for intrusive follow-back contacts, has
3632	not been approved by a human studies institutional review board,
3633	does not plan for the destruction of confidential records after
3634	the research is concluded, or does not have scientific merit.
3635	The agreement must prohibit the release of any information that
3636	would permit the identification of any patient, must limit the
3637	use of records or data in conformance with the approved research
3638	protocol, and must prohibit any other use of the records or
3639	data. Copies of records or data issued pursuant to this
3640	paragraph remain the property of the corporation.
3641	(2)  Information that identifies the person or entity that
3642	reports patient safety data, as defined in s. 766.1016, to the
3643	corporation and that is contained in patient safety data or in
3644	other records held by the Florida Patient Safety Corporation and
3645	its subsidiaries, advisory committees, or contractors pursuant
3646	to s. 381.0271 is confidential and exempt from s. 119.07(1) and
3647	s. 24(a), Art. I of the State Constitution. Information that
3648	identifies a person or entity reporting patient safety data made
3649	confidential and exempt from disclosure by this subsection may
3650	be disclosed only:
3651	(c)  To a health research entity if the entity seeks the
3652	records or data pursuant to a research protocol approved by the
3653	corporation, maintains the records or data in accordance with
3654	the approved protocol, and enters into a purchase and data-use
3655	agreement with the corporation, the fee provisions of which are
3656	consistent with s. 119.07(4) 119.07(1)(a). The corporation may
3657	deny a request for records or data that identify the person or
3658	entity reporting patient safety data if the protocol provides
3659	for intrusive follow-back contacts, has not been approved by a
3660	human studies institutional review board, does not plan for the
3661	destruction of confidential records after the research is
3662	concluded, or does not have scientific merit. The agreement must
3663	prohibit the release of any information that would permit the
3664	identification of persons or entities that report patient safety
3665	data, must limit the use of records or data in conformance with
3666	the approved research protocol, and must prohibit any other use
3667	of the records or data. Copies of records or data issued
3668	pursuant to this paragraph remain the property of the
3669	corporation.
3670	(3)  Information that identifies a health care practitioner
3671	or health care facility which is held by the Florida Patient
3672	Safety Corporation and its subsidiaries, advisory committees, or
3673	contractors pursuant to s. 381.0271, is confidential and exempt
3674	from s. 119.07(1) and s. 24(a), Art. I of the State
3675	Constitution. Information that identifies a health care
3676	practitioner or health care facility and that is contained in
3677	patient safety data made confidential and exempt from disclosure
3678	by this subsection may be disclosed only:
3679	(c)  To a health research entity if the entity seeks the
3680	records or data pursuant to a research protocol approved by the
3681	corporation, maintains the records or data in accordance with
3682	the approved protocol, and enters into a purchase and data-use
3683	agreement with the corporation, the fee provisions of which are
3684	consistent with s. 119.07(4) 119.07(1)(a). The corporation may
3685	deny a request for records or data that identify the person or
3686	entity reporting patient safety data if the protocol provides
3687	for intrusive follow-back contacts, has not been approved by a
3688	human studies institutional review board, does not plan for the
3689	destruction of confidential records after the research is
3690	concluded, or does not have scientific merit. The agreement must
3691	prohibit the release of any information that would permit the
3692	identification of persons or entities that report patient safety
3693	data, must limit the use of records or data in conformance with
3694	the approved research protocol, and must prohibit any other use
3695	of the records or data. Copies of records or data issued under
3696	this paragraph remain the property of the corporation.
3697	Reviser's note.--Amended to conform to the redesignation of
3698	material regarding fees for copies of public records in s.
3699	119.07(1)(a) as s. 119.07(4) by s. 7, ch. 2004-335, Laws of
3700	Florida.
3701	Section 93.  Paragraph (a) of subsection (1) of section
3702	381.0404, Florida Statutes, is amended to read:
3703	381.0404  Center for Health Technologies.--
3704	(1)(a)  There is hereby established the Center for Health
3705	Technologies, to be located at and administered by a statutory
3706	teaching hospital located in Miami-Dade Dade County and
3707	hereafter referred to as the administrator.
3708	Reviser's note.--Amended to conform to the redesignation of
3709	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3710	Dade County Code.
3711	Section 94.  Paragraph (c) of subsection (2) of section
3712	381.92, Florida Statutes, is amended to read:
3713	381.92  Florida Cancer Council.--
3714	(2)
3715	(c)  The members of the council shall consist of:
3716	1.  The chair of the Florida Dialogue on Cancer, who shall
3717	serve as the chair of the council;
3718	2.  The State Surgeon General or his or her designee;
3719	3.  The chief executive officer of the H. Lee Moffitt
3720	Cancer Center or his or her designee;
3721	4.  The director of the University of Florida Shands Cancer
3722	Center or his or her designee;
3723	5.  The chief executive officer of the University of Miami
3724	Sylvester Comprehensive Cancer Center or his or her designee;
3725	6.  The chief executive officer of the Mayo Clinic,
3726	Jacksonville, or his or her designee;
3727	7.  The chief executive officer of the American Cancer
3728	Society, Florida Division, Inc., or his or her designee;
3729	8.  The president of the American Cancer Society, Florida
3730	Division, Inc., Board of Directors or his or her designee;
3731	9.  The president of the Florida Society of Clinical
3732	Oncology or his or her designee;
3733	10.  The president of the American College of Surgeons,
3734	Florida Chapter, or his or her designee;
3735	11.  The chief executive officer of Enterprise Florida,
3736	Inc., or his or her designee;
3737	12.  Five representatives from cancer programs approved by
3738	the American College of Surgeons. Three shall be appointed by
3739	the Governor, one shall be appointed by the Speaker of the House
3740	of Representatives, and one shall be appointed by the President
3741	of the Senate;
3742	13.  One member of the House of Representatives, to be
3743	appointed by the Speaker of the House of Representatives; and
3744	14.  One member of the Senate, to be appointed by the
3745	President of the Senate.
3746	Reviser's note.--Amended to improve clarity and correct
3747	sentence construction.
3748	Section 95.  Subsection (5) of section 383.412, Florida
3749	Statutes, is amended to read:
3750	383.412  Public records and public meetings exemptions.--
3751	(5)  This section is subject to the Open Government Sunset
3752	Review Act of 1995 in accordance with s. 119.15, and shall stand
3753	repealed on October 2, 2010, unless reviewed and saved from
3754	repeal through reenactment by the Legislature.
3755	Reviser's note.--Amended to conform to the renaming of the
3756	"Open Government Sunset Review Act of 1995" as the "Open
3757	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
3758	of Florida.
3759	Section 96.  Subsection (1) of section 390.012, Florida
3760	Statutes, is amended to read:
3761	390.012  Powers of agency; rules; disposal of fetal
3762	remains.--
3763	(1)  The agency may develop and enforce rules pursuant to
3764	ss. 390.011-390.018 390.001-390.018 and part II of chapter 408
3765	for the health, care, and treatment of persons in abortion
3766	clinics and for the safe operation of such clinics.
3767	(a)  The rules shall be reasonably related to the
3768	preservation of maternal health of the clients.
3769	(b)  The rules shall be in accordance with s. 797.03 and
3770	may not impose an unconstitutional burden on a woman's freedom
3771	to decide whether to terminate her pregnancy.
3772	(c)  The rules shall provide for:
3773	1.  The performance of pregnancy termination procedures
3774	only by a licensed physician.
3775	2.  The making, protection, and preservation of patient
3776	records, which shall be treated as medical records under chapter
3777	458.
3778	Reviser's note.--Amended to correct an erroneous reference
3779	added by s. 15, ch. 2007-230, Laws of Florida. Section
3780	390.001 was redesignated as s. 390.0111 by s. 2, ch. 97-
3781	151, Laws of Florida. Section 390.011 provides definitions
3782	for the range of sections in the cross-reference.
3783	Section 97.  Subsection (3) of section 390.014, Florida
3784	Statutes, is amended to read:
3785	390.014  Licenses; fees.--
3786	(3)  In accordance with s. 408.805, an applicant or
3787	licensee shall pay a fee for each license application submitted
3788	under this chapter part and part II of chapter 408. The amount
3789	of the fee shall be established by rule and may not be less than
3790	$70 or more than $500.
3791	Reviser's note.--Amended to correct an erroneous reference;
3792	chapter 390 is not divided into parts.
3793	Section 98.  Section 390.018, Florida Statutes, is amended
3794	to read:
3795	390.018  Administrative fine.--In addition to the
3796	requirements of part II of chapter 408, the agency may impose a
3797	fine upon the clinic in an amount not to exceed $1,000 for each
3798	violation of any provision of this chapter part, part II of
3799	chapter 408, or applicable rules.
3800	Reviser's note.--Amended to correct an erroneous reference;
3801	chapter 390 is not divided into parts.
3802	Section 99.  Section 393.23, Florida Statutes, is amended
3803	to read:
3804	393.23  Developmental disabilities institutions; trust
3805	accounts.--All receipts from the operation of canteens, vending
3806	machines, hobby shops, sheltered workshops, activity centers,
3807	farming projects, and other like activities operated in a
3808	developmental disabilities institution, and moneys donated to
3809	the institution, must be deposited in a trust account in any
3810	bank, credit union, or savings and loan association authorized
3811	by the State Treasury as a qualified depository depositor to do
3812	business in this state, if the moneys are available on demand.
3813	(1)  Moneys in the trust account must be expended for the
3814	benefit, education, and welfare of clients. However, if
3815	specified, moneys that are donated to the institution must be
3816	expended in accordance with the intentions of the donor. Trust
3817	account money may not be used for the benefit of employees of
3818	the agency or to pay the wages of such employees. The welfare of
3819	the clients includes the expenditure of funds for the purchase
3820	of items for resale at canteens or vending machines, and for the
3821	establishment of, maintenance of, and operation of canteens,
3822	hobby shops, recreational or entertainment facilities, sheltered
3823	workshops, activity centers, farming projects, or other like
3824	facilities or programs established at the institutions for the
3825	benefit of clients.
3826	(2)  The institution may invest, in the manner authorized
3827	by law for fiduciaries, any money in a trust account which is
3828	not necessary for immediate use. The interest earned and other
3829	increments derived from the investments of the money must be
3830	deposited into the trust account for the benefit of clients.
3831	(3)  The accounting system of an institution must account
3832	separately for revenues and expenses for each activity. The
3833	institution shall reconcile the trust account to the
3834	institution's accounting system and check registers and to the
3835	accounting system of the Chief Financial Officer.
3836	(4)  All sales taxes collected by the institution as a
3837	result of sales shall be deposited into the trust account and
3838	remitted to the Department of Revenue.
3839	(5)  Funds shall be expended in accordance with
3840	requirements and guidelines established by the Chief Financial
3841	Officer.
3842	Reviser's note.--Amended to confirm the editorial
3843	substitution of the word "depository" for the word
3844	"depositor" to correct an apparent error and facilitate
3845	correct interpretation.
3846	Section 100.  Paragraph (a) of subsection (4) of section
3847	395.402, Florida Statutes, is amended to read:
3848	395.402  Trauma service areas; number and location of
3849	trauma centers.--
3850	(4)  Annually thereafter, the department shall review the
3851	assignment of the 67 counties to trauma service areas, in
3852	addition to the requirements of paragraphs (2)(b)-(g) and
3853	subsection (3). County assignments are made for the purpose of
3854	developing a system of trauma centers. Revisions made by the
3855	department shall take into consideration the recommendations
3856	made as part of the regional trauma system plans approved by the
3857	department and the recommendations made as part of the state
3858	trauma system plan. In cases where a trauma service area is
3859	located within the boundaries of more than one trauma region,
3860	the trauma service area's needs, response capability, and system
3861	requirements shall be considered by each trauma region served by
3862	that trauma service area in its regional system plan. Until the
3863	department completes the February 2005 assessment, the
3864	assignment of counties shall remain as established in this
3865	section.
3866	(a)  The following trauma service areas are hereby
3867	established:
3868	1.  Trauma service area 1 shall consist of Escambia,
3869	Okaloosa, Santa Rosa, and Walton Counties.
3870	2.  Trauma service area 2 shall consist of Bay, Gulf,
3871	Holmes, and Washington Counties.
3872	3.  Trauma service area 3 shall consist of Calhoun,
3873	Franklin, Gadsden, Jackson, Jefferson, Leon, Liberty, Madison,
3874	Taylor, and Wakulla Counties.
3875	4.  Trauma service area 4 shall consist of Alachua,
3876	Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Levy,
3877	Putnam, Suwannee, and Union Counties.
3878	5.  Trauma service area 5 shall consist of Baker, Clay,
3879	Duval, Nassau, and St. Johns Counties.
3880	6.  Trauma service area 6 shall consist of Citrus,
3881	Hernando, and Marion Counties.
3882	7.  Trauma service area 7 shall consist of Flagler and
3883	Volusia Counties.
3884	8.  Trauma service area 8 shall consist of Lake, Orange,
3885	Osceola, Seminole, and Sumter Counties.
3886	9.  Trauma service area 9 shall consist of Pasco and
3887	Pinellas Counties.
3888	10.  Trauma service area 10 shall consist of Hillsborough
3889	County.
3890	11.  Trauma service area 11 shall consist of Hardee,
3891	Highlands, and Polk Counties.
3892	12.  Trauma service area 12 shall consist of Brevard and
3893	Indian River Counties.
3894	13.  Trauma service area 13 shall consist of DeSoto,
3895	Manatee, and Sarasota Counties.
3896	14.  Trauma service area 14 shall consist of Martin,
3897	Okeechobee, and St. Lucie Counties.
3898	15.  Trauma service area 15 shall consist of Charlotte,
3899	Glades, Hendry, and Lee Counties.
3900	16.  Trauma service area 16 shall consist of Palm Beach
3901	County.
3902	17.  Trauma service area 17 shall consist of Collier
3903	County.
3904	18.  Trauma service area 18 shall consist of Broward
3905	County.
3906	19.  Trauma service area 19 shall consist of Miami-Dade
3907	Dade and Monroe Counties.
3908	Reviser's note.--Amended to conform to the redesignation of
3909	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3910	Dade County Code.
3911	Section 101.  Subsection (1) of section 400.063, Florida
3912	Statutes, is amended to read:
3913	400.063  Resident Protection Trust Fund.--
3914	(1)  A Resident Protection Trust Fund shall be established
3915	for the purpose of collecting and disbursing funds generated
3916	from the license fees and administrative fines as provided for
3917	in ss. 393.0673(3) 393.0673(2), 400.062(3), 400.121(2), and
3918	400.23(8). Such funds shall be for the sole purpose of paying
3919	for the appropriate alternate placement, care, and treatment of
3920	residents who are removed from a facility licensed under this
3921	part or a facility specified in s. 393.0678(1) in which the
3922	agency determines that existing conditions or practices
3923	constitute an immediate danger to the health, safety, or
3924	security of the residents. If the agency determines that it is
3925	in the best interest of the health, safety, or security of the
3926	residents to provide for an orderly removal of the residents
3927	from the facility, the agency may utilize such funds to maintain
3928	and care for the residents in the facility pending removal and
3929	alternative placement. The maintenance and care of the residents
3930	shall be under the direction and control of a receiver appointed
3931	pursuant to s. 393.0678(1) or s. 400.126(1). However, funds may
3932	be expended in an emergency upon a filing of a petition for a
3933	receiver, upon the declaration of a state of local emergency
3934	pursuant to s. 252.38(3)(a)5., or upon a duly authorized local
3935	order of evacuation of a facility by emergency personnel to
3936	protect the health and safety of the residents.
3937	Reviser's note.--Amended to conform to the redesignation of
3938	s. 393.0673(2) as s. 393.0673(3) by s. 20, ch. 2006-227,
3939	Laws of Florida.
3940	Section 102.  Subsection (1) of section 400.0712, Florida
3941	Statutes, is amended to read:
3942	400.0712  Application for inactive license.--
3943	(1)  As specified in s. 408.831(4) 408.321(4) and this
3944	section, the agency may issue an inactive license to a nursing
3945	home facility for all or a portion of its beds. Any request by a
3946	licensee that a nursing home or portion of a nursing home become
3947	inactive must be submitted to the agency in the approved format.
3948	The facility may not initiate any suspension of services, notify
3949	residents, or initiate inactivity before receiving approval from
3950	the agency; and a licensee that violates this provision may not
3951	be issued an inactive license.
3952	Reviser's note.--Amended to confirm the editorial
3953	substitution of a reference to s. 408.831(4) for a
3954	reference to nonexistent s. 408.321(4); s. 408.831(4)
3955	relates to issuance of inactive licenses.
3956	Section 103.  Subsections (3) and (12) of section 400.506,
3957	Florida Statutes, are amended to read:
3958	400.506  Licensure of nurse registries; requirements;
3959	penalties.--
3960	(3)  In accordance with s. 408.805, an applicant or
3961	licensee shall pay a fee for each license application submitted
3962	under ss. 400.506-400.518 400.508-400.518, part II of chapter
3963	408, and applicable rules. The amount of the fee shall be
3964	established by rule and may not exceed $2,000 per biennium.
3965	(12)  Each nurse registry shall prepare and maintain a
3966	comprehensive emergency management plan that is consistent with
3967	the criteria in this subsection and with the local special needs
3968	plan. The plan shall be updated annually. The plan shall include
3969	the means by which the nurse registry will continue to provide
3970	the same type and quantity of services to its patients who
3971	evacuate to special needs shelters which were being provided to
3972	those patients prior to evacuation. The plan shall specify how
3973	the nurse registry shall facilitate the provision of continuous
3974	care by persons referred for contract to persons who are
3975	registered pursuant to s. 252.355 during an emergency that
3976	interrupts the provision of care or services in private
3977	residences. Nurse registries may establish links to local
3978	emergency operations centers to determine a mechanism by which
3979	to approach specific areas within a disaster area in order for a
3980	provider to reach its clients. Nurse registries shall
3981	demonstrate a good faith effort to comply with the requirements
3982	of this subsection by documenting attempts of staff to follow
3983	procedures outlined in the nurse registry's comprehensive
3984	emergency management plan which support a finding that the
3985	provision of continuing care has been attempted for patients
3986	identified as needing care by the nurse registry and registered
3987	under s. 252.355 in the event of an emergency under this
3988	subsection (1).
3989	(a)  All persons referred for contract who care for persons
3990	registered pursuant to s. 252.355 must include in the patient
3991	record a description of how care will be continued during a
3992	disaster or emergency that interrupts the provision of care in
3993	the patient's home. It shall be the responsibility of the person
3994	referred for contract to ensure that continuous care is
3995	provided.
3996	(b)  Each nurse registry shall maintain a current
3997	prioritized list of patients in private residences who are
3998	registered pursuant to s. 252.355 and are under the care of
3999	persons referred for contract and who need continued services
4000	during an emergency. This list shall indicate, for each patient,
4001	if the client is to be transported to a special needs shelter
4002	and if the patient is receiving skilled nursing services. Nurse
4003	registries shall make this list available to county health
4004	departments and to local emergency management agencies upon
4005	request.
4006	(c)  Each person referred for contract who is caring for a
4007	patient who is registered pursuant to s. 252.355 shall provide a
4008	list of the patient's medication and equipment needs to the
4009	nurse registry. Each person referred for contract shall make
4010	this information available to county health departments and to
4011	local emergency management agencies upon request.
4012	(d)  Each person referred for contract shall not be
4013	required to continue to provide care to patients in emergency
4014	situations that are beyond the person's control and that make it
4015	impossible to provide services, such as when roads are
4016	impassable or when patients do not go to the location specified
4017	in their patient records.
4018	(e)  The comprehensive emergency management plan required
4019	by this subsection is subject to review and approval by the
4020	county health department. During its review, the county health
4021	department shall contact state and local health and medical
4022	stakeholders when necessary. The county health department shall
4023	complete its review to ensure that the plan complies with the
4024	criteria in the Agency for Health Care Administration rules
4025	within 90 days after receipt of the plan and shall either
4026	approve the plan or advise the nurse registry of necessary
4027	revisions. If a nurse registry fails to submit a plan or fails
4028	to submit requested information or revisions to the county
4029	health department within 30 days after written notification from
4030	the county health department, the county health department shall
4031	notify the Agency for Health Care Administration. The agency
4032	shall notify the nurse registry that its failure constitutes a
4033	deficiency, subject to a fine of $5,000 per occurrence. If the
4034	plan is not submitted, information is not provided, or revisions
4035	are not made as requested, the agency may impose the fine.
4036	(f)  The Agency for Health Care Administration shall adopt
4037	rules establishing minimum criteria for the comprehensive
4038	emergency management plan and plan updates required by this
4039	subsection, with the concurrence of the Department of Health and
4040	in consultation with the Department of Community Affairs.
4041	Reviser's note.--Subsection (3) is amended to correct an
4042	erroneous reference. Section 400.508 does not exist; ss.
4043	400.506-400.518 relate to licensing requirements, and the
4044	range appears elsewhere in the section as amended by s. 80,
4045	ch. 2007-230, Laws of Florida. Subsection (12) is amended
4046	to correct an erroneous reference. Subsection (1) does not
4047	reference emergencies; subsection (12) provides for a
4048	comprehensive emergency management plan.
4049	Section 104.  Subsection (5) of section 400.995, Florida
4050	Statutes, is amended to read:
4051	400.995  Agency administrative penalties.--
4052	(5)  Any clinic whose owner fails to apply for a change-of-
4053	ownership license in accordance with s. 400.992 and operates the
4054	clinic under the new ownership is subject to a fine of $5,000.
4055	Reviser's note.--Amended to conform to the repeal of s.
4056	400.992 by s. 125, ch. 2007-230, Laws of Florida.
4057	Section 105.  Paragraph (a) of subsection (13) of section
4058	403.031, Florida Statutes, is amended to read:
4059	403.031  Definitions.--In construing this chapter, or rules
4060	and regulations adopted pursuant hereto, the following words,
4061	phrases, or terms, unless the context otherwise indicates, have
4062	the following meanings:
4063	(13)  "Waters" include, but are not limited to, rivers,
4064	lakes, streams, springs, impoundments, wetlands, and all other
4065	waters or bodies of water, including fresh, brackish, saline,
4066	tidal, surface, or underground waters. Waters owned entirely by
4067	one person other than the state are included only in regard to
4068	possible discharge on other property or water. Underground
4069	waters include, but are not limited to, all underground waters
4070	passing through pores of rock or soils or flowing through in
4071	channels, whether manmade or natural. Solely for purposes of s.
4072	403.0885, waters of the state also include navigable waters or
4073	waters of the contiguous zone as used in s. 502 of the Clean
4074	Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
4075	existence on January 1, 1993, except for those navigable waters
4076	seaward of the boundaries of the state set forth in s. 1, Art.
4077	II of the State Constitution. Solely for purposes of this
4078	chapter, waters of the state also include the area bounded by
4079	the following:
4080	(a)  Commence at the intersection of State Road (SRD) 5
4081	(U.S. 1) and the county line dividing Miami-Dade Dade and Monroe
4082	Counties, said point also being the mean high-water line of
4083	Florida Bay, located in section 4, township 60 south, range 39
4084	east of the Tallahassee Meridian for the point of beginning.
4085	From said point of beginning, thence run northwesterly along
4086	said SRD 5 to an intersection with the north line of section 18,
4087	township 58 south, range 39 east; thence run westerly to a point
4088	marking the southeast corner of section 12, township 58 south,
4089	range 37 east, said point also lying on the east boundary of the
4090	Everglades National Park; thence run north along the east
4091	boundary of the aforementioned Everglades National Park to a
4092	point marking the northeast corner of section 1, township 58
4093	south, range 37 east; thence run west along said park to a point
4094	marking the northwest corner of said section 1; thence run
4095	northerly along said park to a point marking the northwest
4096	corner of section 24, township 57 south, range 37 east; thence
4097	run westerly along the south lines of sections 14, 15, and 16 to
4098	the southwest corner of section 16; thence leaving the
4099	Everglades National Park boundary run northerly along the west
4100	line of section 16 to the northwest corner of section 16; thence
4101	east along the northerly line of section 16 to a point at the
4102	intersection of the east one-half and west one-half of section
4103	9; thence northerly along the line separating the east one-half
4104	and the west one-half of sections 9, 4, 33, and 28; thence run
4105	easterly along the north line of section 28 to the northeast
4106	corner of section 28; thence run northerly along the west line
4107	of section 22 to the northwest corner of section 22; thence
4108	easterly along the north line of section 22 to a point at the
4109	intersection of the east one-half and west one-half of section
4110	15; thence run northerly along said line to the point of
4111	intersection with the north line of section 15; thence easterly
4112	along the north line of section 15 to the northeast corner of
4113	section 15; thence run northerly along the west lines of
4114	sections 11 and 2 to the northwest corner of section 2; thence
4115	run easterly along the north lines of sections 2 and 1 to the
4116	northeast corner of section 1, township 56 south, range 37 east;
4117	thence run north along the east line of section 36, township 55
4118	south, range 37 east to the northeast corner of section 36;
4119	thence run west along the north line of section 36 to the
4120	northwest corner of section 36; thence run north along the west
4121	line of section 25 to the northwest corner of section 25; thence
4122	run west along the north line of section 26 to the northwest
4123	corner of section 26; thence run north along the west line of
4124	section 23 to the northwest corner of section 23; thence run
4125	easterly along the north line of section 23 to the northeast
4126	corner of section 23; thence run north along the west line of
4127	section 13 to the northwest corner of section 13; thence run
4128	east along the north line of section 13 to a point of
4129	intersection with the west line of the southeast one-quarter of
4130	section 12; thence run north along the west line of the
4131	southeast one-quarter of section 12 to the northwest corner of
4132	the southeast one-quarter of section 12; thence run east along
4133	the north line of the southeast one-quarter of section 12 to the
4134	point of intersection with the east line of section 12; thence
4135	run east along the south line of the northwest one-quarter of
4136	section 7 to the southeast corner of the northwest one-quarter
4137	of section 7; thence run north along the east line of the
4138	northwest one-quarter of section 7 to the point of intersection
4139	with the north line of section 7; thence run northerly along the
4140	west line of the southeast one-quarter of section 6 to the
4141	northwest corner of the southeast one-quarter of section 6;
4142	thence run east along the north lines of the southeast one-
4143	quarter of section 6 and the southwest one-quarter of section 5
4144	to the northeast corner of the southwest one-quarter of section
4145	5; thence run northerly along the east line of the northwest
4146	one-quarter of section 5 to the point of intersection with the
4147	north line of section 5; thence run northerly along the line
4148	dividing the east one-half and the west one-half of Lot 5 to a
4149	point intersecting the north line of Lot 5; thence run east
4150	along the north line of Lot 5 to the northeast corner of Lot 5,
4151	township 54 1/2 south, range 38 east; thence run north along the
4152	west line of section 33, township 54 south, range 38 east to a
4153	point intersecting the northwest corner of the southwest one-
4154	quarter of section 33; thence run easterly along the north line
4155	of the southwest one-quarter of section 33 to the northeast
4156	corner of the southwest one-quarter of section 33; thence run
4157	north along the west line of the northeast one-quarter of
4158	section 33 to a point intersecting the north line of section 33;
4159	thence run easterly along the north line of section 33 to the
4160	northeast corner of section 33; thence run northerly along the
4161	west line of section 27 to a point intersecting the northwest
4162	corner of the southwest one-quarter of section 27; thence run
4163	easterly to the northeast corner of the southwest one-quarter of
4164	section 27; thence run northerly along the west line of the
4165	northeast one-quarter of section 27 to a point intersecting the
4166	north line of section 27; thence run west along the north line
4167	of section 27 to the northwest corner of section 27; thence run
4168	north along the west lines of sections 22 and 15 to the
4169	northwest corner of section 15; thence run easterly along the
4170	north lines of sections 15 and 14 to the point of intersection
4171	with the L-31N Levee, said intersection located near the
4172	southeast corner of section 11, township 54 south, range 38
4173	east; thence run northerly along Levee L-31N crossing SRD 90
4174	(U.S. 41 Tamiami Trail) to an intersection common to Levees L-
4175	31N, L-29, and L-30, said intersection located near the
4176	southeast corner of section 2, township 54 south, range 38 east;
4177	thence run northeasterly, northerly, and northeasterly along
4178	Levee L-30 to a point of intersection with the Miami-
4179	Dade/Broward Dade/Broward Levee, said intersection located near
4180	the northeast corner of section 17, township 52 south, range 39
4181	east; thence run due east to a point of intersection with SRD 27
4182	(Krome Ave.); thence run northeasterly along SRD 27 to an
4183	intersection with SRD 25 (U.S. 27), said intersection located in
4184	section 3, township 52 south, range 39 east; thence run
4185	northerly along said SRD 25, entering into Broward County, to an
4186	intersection with SRD 84 at Andytown; thence run southeasterly
4187	along the aforementioned SRD 84 to an intersection with the
4188	southwesterly prolongation of Levee L-35A, said intersection
4189	being located in the northeast one-quarter of section 5,
4190	township 50 south, range 40 east; thence run northeasterly along
4191	Levee L-35A to an intersection of Levee L-36, said intersection
4192	located near the southeast corner of section 12, township 49
4193	south, range 40 east; thence run northerly along Levee L-36,
4194	entering into Palm Beach County, to an intersection common to
4195	said Levees L-36, L-39, and L-40, said intersection located near
4196	the west quarter corner of section 19, township 47 south, range
4197	41 east; thence run northeasterly, easterly, and northerly along
4198	Levee L-40, said Levee L-40 being the easterly boundary of the
4199	Loxahatchee National Wildlife Refuge, to an intersection with
4200	SRD 80 (U.S. 441), said intersection located near the southeast
4201	corner of section 32, township 43 south, range 40 east; thence
4202	run westerly along the aforementioned SRD 80 to a point marking
4203	the intersection of said road and the northeasterly prolongation
4204	of Levee L-7, said Levee L-7 being the westerly boundary of the
4205	Loxahatchee National Wildlife Refuge; thence run southwesterly
4206	and southerly along said Levee L-7 to an intersection common to
4207	Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run
4208	southwesterly along Levee L-6 to an intersection common to Levee
4209	L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being
4210	located near the northwest corner of section 27, township 47
4211	south, range 38 east; thence run westerly along the
4212	aforementioned Levee L-5 to a point intersecting the east line
4213	of range 36 east; thence run northerly along said range line to
4214	a point marking the northeast corner of section 1, township 47
4215	south, range 36 east; thence run westerly along the north line
4216	of township 47 south, to an intersection with Levee L-23/24
4217	(Miami Canal); thence run northwesterly along the Miami Canal
4218	Levee to a point intersecting the north line of section 22,
4219	township 46 south, range 35 east; thence run westerly to a point
4220	marking the northwest corner of section 21, township 46 south,
4221	range 35 east; thence run southerly to the southwest corner of
4222	said section 21; thence run westerly to a point marking the
4223	northwest corner of section 30, township 46 south, range 35
4224	east, said point also being on the line dividing Palm Beach and
4225	Hendry Counties; from said point, thence run southerly along
4226	said county line to a point marking the intersection of Broward,
4227	Hendry, and Collier Counties, said point also being the
4228	northeast corner of section 1, township 49 south, range 34 east;
4229	thence run westerly along the line dividing Hendry and Collier
4230	Counties and continuing along the prolongation thereof to a
4231	point marking the southwest corner of section 36, township 48
4232	south, range 29 east; thence run southerly to a point marking
4233	the southwest corner of section 12, township 49 south, range 29
4234	east; thence run westerly to a point marking the southwest
4235	corner of section 10, township 49 south, range 29 east; thence
4236	run southerly to a point marking the southwest corner of section
4237	15, township 49 south, range 29 east; thence run westerly to a
4238	point marking the northwest corner of section 24, township 49
4239	south, range 28 east, said point lying on the west boundary of
4240	the Big Cypress Area of Critical State Concern as described in
4241	rule 28-25.001, Florida Administrative Code; thence run
4242	southerly along said boundary crossing SRD 84 (Alligator Alley)
4243	to a point marking the southwest corner of section 24, township
4244	50 south, range 28 east; thence leaving the aforementioned west
4245	boundary of the Big Cypress Area of Critical State Concern run
4246	easterly to a point marking the northeast corner of section 25,
4247	township 50 south, range 28 east; thence run southerly along the
4248	east line of range 28 east to a point lying approximately 0.15
4249	miles south of the northeast corner of section 1, township 52
4250	south, range 28 east; thence run southwesterly 2.4 miles more or
4251	less to an intersection with SRD 90 (U.S. 41 Tamiami Trail),
4252	said intersection lying 1.1 miles more or less west of the east
4253	line of range 28 east; thence run northwesterly and westerly
4254	along SRD 90 to an intersection with the west line of section
4255	10, township 52 south, range 28 east; thence leaving SRD 90 run
4256	southerly to a point marking the southwest corner of section 15,
4257	township 52 south, range 28 east; thence run westerly crossing
4258	the Faka Union Canal 0.6 miles more or less to a point; thence
4259	run southerly and parallel to the Faka Union Canal to a point
4260	located on the mean high-water line of Faka Union Bay; thence
4261	run southeasterly along the mean high-water line of the various
4262	bays, rivers, inlets, and streams to the point of beginning.
4263	Reviser's note.--Amended to conform to the redesignation of
4264	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4265	Dade County Code.
4266	Section 106.  Subsection (2) of section 403.201, Florida
4267	Statutes, is amended to read:
4268	403.201  Variances.--
4269	(2)  No variance shall be granted from any provision or
4270	requirement concerning discharges of waste into waters of the
4271	state or hazardous waste management which would result in the
4272	provision or requirement being less stringent than a comparable
4273	federal provision or requirement, except as provided in s.
4274	403.70715 403.7221.
4275	Reviser's note.--Amended to conform to the redesignation of
4276	s. 403.7221 as s. 403.70715 by s. 20, ch. 2007-184, Laws of
4277	Florida.
4278	Section 107.  Paragraph (a) of subsection (6) of section
4279	403.707, Florida Statutes, is amended to read:
4280	403.707  Permits.--
4281	(6)  The department may issue a construction permit
4282	pursuant to this part only to a solid waste management facility
4283	that provides the conditions necessary to control the safe
4284	movement of wastes or waste constituents into surface or ground
4285	waters or the atmosphere and that will be operated, maintained,
4286	and closed by qualified and properly trained personnel. Such
4287	facility must if necessary:
4288	(a)  Use natural or artificial barriers that which are
4289	capable of controlling lateral or vertical movement of wastes or
4290	waste constituents into surface or ground waters.
4291
4292	Open fires, air-curtain incinerators, or trench burning may not
4293	be used as a means of disposal at a solid waste management
4294	facility, unless permitted by the department under s. 403.087.
4295	Reviser's note.--Amended to confirm the editorial deletion
4296	of the word "which" following the word "that" to correct a
4297	drafting error that occurred in the amendment to the
4298	section by s. 12, ch. 2007-184, Laws of Florida.
4299	Section 108.  Subsections (1),(2), and (3) of section
4300	403.890, Florida Statutes, as amended by section 2 of chapter
4301	2007-335, Laws of Florida, are amended to read:
4302	403.890  Water Protection and Sustainability Program;
4303	intent; goals; purposes.--
4304	(1)  Effective July 1, 2006, revenues transferred from the
4305	Department of Revenue pursuant to s. 201.15(1)(d)2. shall be
4306	deposited into the Water Protection and Sustainability Program
4307	Trust Fund in the Department of Environmental Protection. These
4308	revenues and any other additional revenues deposited into or
4309	appropriated to the Water Protection and Sustainability Program
4310	Trust Fund shall be distributed by the Department of
4311	Environmental Protection in the following manner:
4312	(a)  Sixty percent to the Department of Environmental
4313	Protection for the implementation of an alternative water supply
4314	program as provided in s. 373.1961.
4315	(b)  Twenty percent for the implementation of best
4316	management practices and capital project expenditures necessary
4317	for the implementation of the goals of the total maximum daily
4318	load program established in s. 403.067. Of these funds, 85
4319	percent shall be transferred to the credit of the Department of
4320	Environmental Protection Water Quality Assurance Trust Fund to
4321	address water quality impacts associated with nonagricultural
4322	nonpoint sources. Fifteen percent of these funds shall be
4323	transferred to the Department of Agriculture and Consumer
4324	Services General Inspection Trust Fund to address water quality
4325	impacts associated with agricultural nonpoint sources. These
4326	funds shall be used for research, development, demonstration,
4327	and implementation of the total maximum daily load program under
4328	s. 403.067, suitable best management practices or other measures
4329	used to achieve water quality standards in surface waters and
4330	water segments identified pursuant to s. 303(d) of the Clean
4331	Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
4332	Implementation of best management practices and other measures
4333	may include cost-share grants, technical assistance,
4334	implementation tracking, and conservation leases or other
4335	agreements for water quality improvement. The Department of
4336	Environmental Protection and the Department of Agriculture and
4337	Consumer Services may adopt rules governing the distribution of
4338	funds for implementation of capital projects, best management
4339	practices, and other measures. These funds shall not be used to
4340	abrogate the financial responsibility of those point and
4341	nonpoint sources that have contributed to the degradation of
4342	water or land areas. Increased priority shall be given by the
4343	department and the water management district governing boards to
4344	those projects that have secured a cost-sharing agreement
4345	allocating responsibility for the cleanup of point and nonpoint
4346	sources.
4347	(c)  Ten percent shall be disbursed for the purposes of
4348	funding projects pursuant to ss. 373.451-373.459 or surface
4349	water restoration activities in water-management-district-
4350	designated priority water bodies. The Secretary of Environmental
4351	Protection shall ensure that each water management district
4352	receives the following percentage of funds annually:
4353	1.  Thirty-five percent to the South Florida Water
4354	Management District;
4355	2.  Twenty-five percent to the Southwest Florida Water
4356	Management District;
4357	3.  Twenty-five percent to the St. Johns River Water
4358	Management District;
4359	4.  Seven and one-half percent to the Suwannee River Water
4360	Management District; and
4361	5.  Seven and one-half percent to the Northwest Florida
4362	Water Management District.
4363	(d)  Ten percent to the Department of Environmental
4364	Protection for the Disadvantaged Small Community Wastewater
4365	Grant Program as provided in s. 403.1838.
4366	(2)  Applicable beginning in the 2007-2008 fiscal year,
4367	revenues transferred from the Department of Revenue pursuant to
4368	s. 201.15(1)(d)2. shall be deposited into the Water Protection
4369	and Sustainability Program Trust Fund in the Department of
4370	Environmental Protection. These revenues and any other
4371	additional revenues deposited into or appropriated to the Water
4372	Protection and Sustainability Program Trust Fund shall be
4373	distributed by the Department of Environmental Protection in the
4374	following manner:
4375	(a)  Sixty-five percent to the Department of Environmental
4376	Protection for the implementation of an alternative water supply
4377	program as provided in s. 373.1961.
4378	(b)  Twenty-two and five-tenths percent for the
4379	implementation of best management practices and capital project
4380	expenditures necessary for the implementation of the goals of
4381	the total maximum daily load program established in s. 403.067.
4382	Of these funds, 83.33 percent shall be transferred to the credit
4383	of the Department of Environmental Protection Water Quality
4384	Assurance Trust Fund to address water quality impacts associated
4385	with nonagricultural nonpoint sources. Sixteen and sixty-seven
4386	hundredths percent of these funds shall be transferred to the
4387	Department of Agriculture and Consumer Services General
4388	Inspection Trust Fund to address water quality impacts
4389	associated with agricultural nonpoint sources. These funds shall
4390	be used for research, development, demonstration, and
4391	implementation of the total maximum daily load program under s.
4392	403.067, suitable best management practices or other measures
4393	used to achieve water quality standards in surface waters and
4394	water segments identified pursuant to s. 303(d) of the Clean
4395	Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
4396	Implementation of best management practices and other measures
4397	may include cost-share grants, technical assistance,
4398	implementation tracking, and conservation leases or other
4399	agreements for water quality improvement. The Department of
4400	Environmental Protection and the Department of Agriculture and
4401	Consumer Services may adopt rules governing the distribution of
4402	funds for implementation of capital projects, best management
4403	practices, and other measures. These funds shall not be used to
4404	abrogate the financial responsibility of those point and
4405	nonpoint sources that have contributed to the degradation of
4406	water or land areas. Increased priority shall be given by the
4407	department and the water management district governing boards to
4408	those projects that have secured a cost-sharing agreement
4409	allocating responsibility for the cleanup of point and nonpoint
4410	sources.
4411	(c)  Twelve and five-tenths percent to the Department of
4412	Environmental Protection for the Disadvantaged Small Community
4413	Wastewater Grant Program as provided in s. 403.1838.
4414	(d)  On June 30, 2009, and every 24 months thereafter, the
4415	Department of Environmental Protection shall request the return
4416	of all unencumbered funds distributed pursuant to this section.
4417	These funds shall be deposited into the Water Protection and
4418	Sustainability Program Trust Fund and redistributed pursuant to
4419	the provisions of this section.
4420	(3)  For fiscal year 2005-2006, funds deposited or
4421	appropriated into the Water Protection and Sustainability
4422	Program Trust Fund shall be distributed as follows:
4423	(a)  One hundred million dollars to the Department of
4424	Environmental Protection for the implementation of an
4425	alternative water supply program as provided in s. 373.1961.
4426	(b)  Funds remaining after the distribution provided for in
4427	subsection (1) shall be distributed as follows:
4428	1.  Fifty percent for the implementation of best management
4429	practices and capital project expenditures necessary for the
4430	implementation of the goals of the total maximum daily load
4431	program established in s. 403.067. Of these funds, 85 percent
4432	shall be transferred to the credit of the Department of
4433	Environmental Protection Water Quality Assurance Trust Fund to
4434	address water quality impacts associated with nonagricultural
4435	nonpoint sources. Fifteen percent of these funds shall be
4436	transferred to the Department of Agriculture and Consumer
4437	Services General Inspection Trust Fund to address water quality
4438	impacts associated with agricultural nonpoint sources. These
4439	funds shall be used for research, development, demonstration,
4440	and implementation of suitable best management practices or
4441	other measures used to achieve water quality standards in
4442	surface waters and water segments identified pursuant to s.
4443	303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
4444	1251 et seq. Implementation of best management practices and
4445	other measures may include cost-share grants, technical
4446	assistance, implementation tracking, and conservation leases or
4447	other agreements for water quality improvement. The Department
4448	of Environmental Protection and the Department of Agriculture
4449	and Consumer Services may adopt rules governing the distribution
4450	of funds for implementation of best management practices. These
4451	funds shall not be used to abrogate the financial responsibility
4452	of those point and nonpoint sources that have contributed to the
4453	degradation of water or land areas. Increased priority shall be
4454	given by the department and the water management district
4455	governing boards to those projects that have secured a cost-
4456	sharing agreement allocating responsibility for the cleanup of
4457	point and nonpoint sources.
4458	2.  Twenty-five percent for the purposes of funding
4459	projects pursuant to ss. 373.451-373.459 or surface water
4460	restoration activities in water-management-district-designated
4461	priority water bodies. The Secretary of Environmental Protection
4462	shall ensure that each water management district receives the
4463	following percentage of funds annually:
4464	a.  Thirty-five percent to the South Florida Water
4465	Management District;
4466	b.  Twenty-five percent to the Southwest Florida Water
4467	Management District;
4468	c.  Twenty-five percent to the St. Johns River Water
4469	Management District;
4470	d.  Seven and one-half percent to the Suwannee River Water
4471	Management District; and
4472	e.  Seven and one-half percent to the Northwest Florida
4473	Water Management District.
4474	3.  Twenty-five percent to the Department of Environmental
4475	Protection for the Disadvantaged Small Community Wastewater
4476	Grant Program as provided in s. 403.1838.
4477
4478	Prior to the end of the 2008 Regular Session, the Legislature
4479	must review the distribution of funds under the Water Protection
4480	and Sustainability Program to determine if revisions to the
4481	funding formula are required. At the discretion of the President
4482	of the Senate and the Speaker of the House of Representatives,
4483	the appropriate substantive committees of the Legislature may
4484	conduct an interim project to review the Water Protection and
4485	Sustainability Program and the funding formula and make written
4486	recommendations to the Legislature proposing necessary changes,
4487	if any.
4488	Reviser's note.--Amended to confirm the insertion of the
4489	word "Program" by the editors to conform to the name of the
4490	trust fund at s. 403.891, which creates the fund.
4491	Section 109.  Section 403.8911, Florida Statutes, is
4492	amended to read:
4493	403.8911  Annual appropriation from the Water Protection
4494	and Sustainability Program Trust Fund.--
4495	(1)  Funds paid into the Water Protection and
4496	Sustainability Program Trust Fund pursuant to s. 201.15(1)(d)
4497	are hereby annually appropriated for expenditure for the
4498	purposes for which the Water Protection and Sustainability
4499	Program Trust Fund is established.
4500	(2)  If the Water Protection and Sustainability Program
4501	Trust Fund is not created, such funds are hereby annually
4502	appropriated for expenditure from the Ecosystem Management and
4503	Restoration Trust Fund solely for the purposes established in s.
4504	403.890.
4505	Reviser's note.--Amended to conform to the name of the
4506	trust fund at s. 403.891, which creates the fund.
4507	Section 110.  Subsections (6), (7), and (12) and paragraph
4508	(b) of subsection (13) of section 403.973, Florida Statutes, are
4509	amended to read:
4510	403.973  Expedited permitting; comprehensive plan
4511	amendments.--
4512	(6)  The local government shall hold a duly noticed public
4513	hearing to execute a memorandum of agreement for each qualified
4514	project. Notwithstanding any other provision of law, and at the
4515	option of the local government, the workshop provided for in
4516	subsection (5) (6) may be conducted on the same date as the
4517	public hearing held under this subsection. The memorandum of
4518	agreement that a local government signs shall include a
4519	provision identifying necessary local government procedures and
4520	time limits that will be modified to allow for the local
4521	government decision on the project within 90 days. The
4522	memorandum of agreement applies to projects, on a case-by-case
4523	basis, that qualify for special review and approval as specified
4524	in this section. The memorandum of agreement must make it clear
4525	that this expedited permitting and review process does not
4526	modify, qualify, or otherwise alter existing local government
4527	nonprocedural standards for permit applications, unless
4528	expressly authorized by law.
4529	(7)  At the option of the participating local government,
4530	appeals of its final approval for a project may be pursuant to
4531	the summary hearing provisions of s. 120.574, pursuant to
4532	subsection (14) (15), or pursuant to other appellate processes
4533	available to the local government. The local government's
4534	decision to enter into a summary hearing must be made as
4535	provided in s. 120.574 or in the memorandum of agreement.
4536	(12)  The applicant, the regional permit action team, and
4537	participating local governments may agree to incorporate into a
4538	single document the permits, licenses, and approvals that are
4539	obtained through the expedited permit process. This consolidated
4540	permit is subject to the summary hearing provisions set forth in
4541	subsection (14) (15).
4542	(13)  Notwithstanding any other provisions of law:
4543	(b)  Projects qualified under this section are not subject
4544	to interstate highway level-of-service standards adopted by the
4545	Department of Transportation for concurrency purposes. The
4546	memorandum of agreement specified in subsection (5) (6) must
4547	include a process by which the applicant will be assessed a fair
4548	share of the cost of mitigating the project's significant
4549	traffic impacts, as defined in chapter 380 and related rules.
4550	The agreement must also specify whether the significant traffic
4551	impacts on the interstate system will be mitigated through the
4552	implementation of a project or payment of funds to the
4553	Department of Transportation. Where funds are paid, the
4554	Department of Transportation must include in the 5-year work
4555	program transportation projects or project phases, in an amount
4556	equal to the funds received, to mitigate the traffic impacts
4557	associated with the proposed project.
4558	Reviser's note.--Amended to conform to the repeal of former
4559	subsection (4) by s. 23, ch. 2007-105, Laws Of Florida.
4560	Section 111.  Subsection (5) of section 408.032, Florida
4561	Statutes, is amended to read:
4562	408.032  Definitions relating to Health Facility and
4563	Services Development Act.--As used in ss. 408.031-408.045, the
4564	term:
4565	(5)  "District" means a health service planning district
4566	composed of the following counties:
4567	District 1.--Escambia, Santa Rosa, Okaloosa, and Walton
4568	Counties.
4569	District 2.--Holmes, Washington, Bay, Jackson, Franklin,
4570	Gulf, Gadsden, Liberty, Calhoun, Leon, Wakulla, Jefferson,
4571	Madison, and Taylor Counties.
4572	District 3.--Hamilton, Suwannee, Lafayette, Dixie,
4573	Columbia, Gilchrist, Levy, Union, Bradford, Putnam, Alachua,
4574	Marion, Citrus, Hernando, Sumter, and Lake Counties.
4575	District 4.--Baker, Nassau, Duval, Clay, St. Johns,
4576	Flagler, and Volusia Counties.
4577	District 5.--Pasco and Pinellas Counties.
4578	District 6.--Hillsborough, Manatee, Polk, Hardee, and
4579	Highlands Counties.
4580	District 7.--Seminole, Orange, Osceola, and Brevard
4581	Counties.
4582	District 8.--Sarasota, DeSoto, Charlotte, Lee, Glades,
4583	Hendry, and Collier Counties.
4584	District 9.--Indian River, Okeechobee, St. Lucie, Martin,
4585	and Palm Beach Counties.
4586	District 10.--Broward County.
4587	District 11.--Miami-Dade Dade and Monroe Counties.
4588	Reviser's note.--Amended to conform to the redesignation of
4589	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4590	Dade County Code.
4591	Section 112.  Paragraph (b) of subsection (2) of section
4592	409.166, Florida Statutes, is amended to read:
4593	409.166  Children within the child welfare system; adoption
4594	assistance program.--
4595	(2)  DEFINITIONS.--As used in this section, the term:
4596	(b)  "Adoption assistance" means financial assistance and
4597	services provided to a child and his or her adoptive family.
4598	Such assistance may include a maintenance subsidy, medical
4599	assistance, Medicaid assistance, and reimbursement of
4600	nonrecurring expenses associated with the legal adoption. The
4601	term also includes a tuition exemption at a postsecondary career
4602	program, community college, or state university, and a state
4603	employee adoption benefit under s. 409.1663 110.152.
4604	Reviser's note.--Amended to conform to the repeal of s.
4605	110.152 by s. 3, ch. 2007-119, Laws of Florida, and the
4606	enactment of similar provisions in s. 409.1663 by s. 1, ch.
4607	2007-119.
4608	Section 113.  Subsection (2) of section 409.1677, Florida
4609	Statutes, is amended to read:
4610	409.1677  Model comprehensive residential services
4611	programs.--
4612	(2)  The department shall establish a model comprehensive
4613	residential services program in Dade and Manatee and Miami-Dade
4614	Counties through a contract with the designated lead agency
4615	established in accordance with s. 409.1671 or with a private
4616	entity capable of providing residential group care and home-
4617	based care and experienced in the delivery of a range of
4618	services to foster children, if no lead agency exists. These
4619	model programs are to serve that portion of eligible children
4620	within each county which is specified in the contract, based on
4621	funds appropriated, to include a full array of services for a
4622	fixed price. The private entity or lead agency is responsible
4623	for all programmatic functions necessary to carry out the intent
4624	of this section.
4625	Reviser's note.--Amended to conform to the redesignation of
4626	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4627	Dade County Code.
4628	Section 114.  Subsection (2) of section 409.25661, Florida
4629	Statutes, is amended to read:
4630	409.25661  Public records exemption for insurance claim
4631	data exchange information.--
4632	(2)  This section is subject to the Open Government Sunset
4633	Review Act of 1995 in accordance with s. 119.15 and shall stand
4634	repealed on October 2, 2009, unless reviewed and saved from
4635	repeal through reenactment by the Legislature.
4636	Reviser's note.--Amended to conform to the renaming of the
4637	"Open Government Sunset Review Act of 1995" as the "Open
4638	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
4639	of Florida.
4640	Section 115.  Subsection (4) of section 413.271, Florida
4641	Statutes, is repealed.
4642	Reviser's note.--Repealed to delete obsolete provisions.
4643	The cited subsection provided that the Florida Coordinating
4644	Council for the Deaf and Hard of Hearing provide reports
4645	and recommendations by January 1, 2005, and January 1,
4646	2006.
4647	Section 116.  Paragraph (d) of subsection (12) of section
4648	420.5095, Florida Statutes, is amended to read:
4649	420.5095  Community Workforce Housing Innovation Pilot
4650	Program.--
4651	(12)  All eligible applications shall:
4652	(d)  Have grants, donations of land, or contributions from
4653	the public-private partnership or other sources collectively
4654	totaling at least 10 percent of the total development cost or $2
4655	million, whichever is less. Such grants, donations of land, or
4656	contributions must be evidenced by a letter of commitment, an
4657	agreement, contract, deed, memorandum of understanding, or other
4658	written instrument at the time of application. Grants, donations
4659	of land, or contributions in excess of 10 percent of the
4660	development cost shall increase the application score.
4661	Reviser's note.--Amended to confirm the editorial deletion
4662	of the word "an" following the word "commitment" to correct
4663	sentence construction.
4664	Section 117.  Subsection (2) of section 420.9076, Florida
4665	Statutes, is amended to read:
4666	420.9076  Adoption of affordable housing incentive
4667	strategies; committees.--
4668	(2)  The governing board of a county or municipality shall
4669	appoint the members of the affordable housing advisory committee
4670	by resolution. Pursuant to the terms of any interlocal
4671	agreement, a county and municipality may create and jointly
4672	appoint an advisory committee to prepare a joint plan. The
4673	ordinance adopted pursuant to s. 420.9072 which creates the
4674	advisory committee or the resolution appointing the advisory
4675	committee members must provide for 11 committee members and
4676	their terms. The committee must include:
4677	(a)  One citizen who is actively engaged in the residential
4678	home building industry in connection with affordable housing.
4679	(b)  One citizen who is actively engaged in the banking or
4680	mortgage banking industry in connection with affordable housing.
4681	(c)  One citizen who is a representative of those areas of
4682	labor actively engaged in home building in connection with
4683	affordable housing.
4684	(d)  One citizen who is actively engaged as an advocate for
4685	low-income persons in connection with affordable housing.
4686	(e)  One citizen who is actively engaged as a for-profit
4687	provider of affordable housing.
4688	(f)  One citizen who is actively engaged as a not-for-
4689	profit provider of affordable housing.
4690	(g)  One citizen who is actively engaged as a real estate
4691	professional in connection with affordable housing.
4692	(h)  One citizen who actively serves on the local planning
4693	agency pursuant to s. 163.3174.
4694	(i)  One citizen who resides within the jurisdiction of the
4695	local governing body making the appointments.
4696	(j)  One citizen who represents employers within the
4697	jurisdiction.
4698	(k)  One citizen who represents essential services
4699	personnel, as defined in the local housing assistance plan.
4700
4701	If a county or eligible municipality whether due to its small
4702	size, the presence of a conflict of interest by prospective
4703	appointees, or other reasonable factor, is unable to appoint a
4704	citizen actively engaged in these activities in connection with
4705	affordable housing, a citizen engaged in the activity without
4706	regard to affordable housing may be appointed. Local governments
4707	that receive the minimum allocation under the State Housing
4708	Initiatives Partnership Program may elect to appoint an
4709	affordable housing advisory committee with fewer than 11
4710	representatives if they are unable to find representatives who
4711	that meet the criteria of paragraphs (a)-(k).
4712	Reviser's note.--Amended to confirm the editorial
4713	substitution of the word "who" for the word "that" to
4714	improve clarity and facilitate correct interpretation.
4715	Section 118.  Subsection (2) of section 429.35, Florida
4716	Statutes, is amended to read:
4717	429.35  Maintenance of records; reports.--
4718	(2)  Within 60 days after the date of the biennial
4719	inspection visit required under s. 408.811 or within 30 days
4720	after the date of any interim visit, the agency shall forward
4721	the results of the inspection to the local ombudsman council in
4722	whose planning and service area, as defined in part II I of
4723	chapter 400, the facility is located; to at least one public
4724	library or, in the absence of a public library, the county seat
4725	in the county in which the inspected assisted living facility is
4726	located; and, when appropriate, to the district Adult Services
4727	and Mental Health Program Offices.
4728	Reviser's note.--Amended to correct an erroneous reference.
4729	"Planning and service area" is defined in part II of
4730	chapter 400.
4731	Section 119.  Subsection (1) of section 429.907, Florida
4732	Statutes, is amended to read:
4733	429.907  License requirement; fee; exemption; display.--
4734	(1)  The requirements of part II of chapter 408 apply to
4735	the provision of services that require licensure pursuant to
4736	this part and part II of chapter 408 and to entities licensed by
4737	or applying for such licensure from the Agency for Health Care
4738	Administration pursuant to this part. A license issued by the
4739	agency is required in order to operate an adult day care center
4740	in this state.
4741	Reviser's note.--Amended to confirm the editorial insertion
4742	of the word "center" to improve clarity and facilitate
4743	correct interpretation.
4744	Section 120.  Subsection (4) of section 440.3851, Florida
4745	Statutes, is amended to read:
4746	440.3851  Public records and public meetings exemptions.--
4747	(4)  This section is subject to the Open Government Sunset
4748	Review Act of 1995 in accordance with s. 119.15 and shall stand
4749	repealed on October 2, 2010, unless reviewed and saved from
4750	repeal through reenactment by the Legislature.
4751	Reviser's note.--Amended to conform to the renaming of the
4752	"Open Government Sunset Review Act of 1995" as the "Open
4753	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
4754	of Florida.
4755	Section 121.  Paragraph (i) of subsection (5) of section
4756	445.004, Florida Statutes, is repealed.
4757	Reviser's note.--The referenced subsection, which relates
4758	to Enterprise Florida, Inc., working with the Department of
4759	Education and Workforce Florida, Inc., in designating
4760	districts to participate in the CHOICE project under
4761	repealed s. 1003.494, has served its purpose.
4762	Section 122.  Section 446.43, Florida Statutes, is amended
4763	to read:
4764	446.43  Scope and coverage of Rural Workforce Services
4765	Program.--The scope of the area to be covered by the Rural
4766	Workforce Services Program will include all counties of the
4767	state not classified as standard metropolitan statistical areas
4768	(SMSA) by the United States Department of Labor Manpower
4769	Administration. Florida's designated SMSA labor areas include:
4770	Broward, Miami-Dade Dade, Duval, Escambia, Hillsborough,
4771	Pinellas, Leon, Orange, and Palm Beach Counties.
4772	Reviser's note.--Amended to conform to the redesignation of
4773	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4774	Dade County Code.
4775	Section 123.  Paragraph (g) of subsection (1) of section
4776	468.832, Florida Statutes, is amended to read:
4777	468.832  Disciplinary proceedings.--
4778	(1)  The following acts constitute grounds for which the
4779	disciplinary actions in subsection (2) may be taken:
4780	(g)  Engaging in fraud or deceit, or of negligence,
4781	incompetency, or misconduct, in the practice of home inspection
4782	services;
4783	Reviser's note.--Amended to confirm the editorial deletion
4784	of the word "of" preceding the word "negligence" to correct
4785	sentence structure and facilitate correct interpretation.
4786	Section 124.  Paragraph (c) of subsection (1) of section
4787	468.8419, Florida Statutes, is amended to read:
4788	468.8419  Prohibitions; penalties.--
4789	(1)  A mold assessor, a company that employs a mold
4790	assessor, or a company that is controlled by a company that also
4791	has a financial interest in a company employing a mold assessor
4792	may not:
4793	(c)  Use the name or title "certified mold assessor,"
4794	"registered mold assessor," "licensed mold assessor," "mold
4795	assessor," "professional mold assessor," or any combination
4796	thereof unless the person has complied with the provisions of
4797	this part.
4798	Reviser's note.--Amended to confirm the editorial insertion
4799	of the word "of" to correct sentence structure.
4800	Section 125.  Paragraph (g) of subsection (1) of section
4801	468.842, Florida Statutes, is amended to read:
4802	468.842  Disciplinary proceedings.--
4803	(1)  The following acts constitute grounds for which the
4804	disciplinary actions in subsection (2) may be taken:
4805	(g)  Engaging in fraud or deceit, or of negligence,
4806	incompetency, or misconduct, in the practice of mold assessment
4807	or mold remediation;
4808	Reviser's note.--Amended to confirm the editorial deletion
4809	of the word "of" preceding the word "negligence" to correct
4810	sentence structure and facilitate correct interpretation.
4811	Section 126.  Subsection (5) of section 477.0135, Florida
4812	Statutes, is amended to read:
4813	477.0135  Exemptions.--
4814	(5)  A license is not required of any individual providing
4815	makeup, special effects, or cosmetology services to an actor,
4816	stunt person, musician, extra, or other talent during a
4817	production recognized by the Office of Film and Entertainment as
4818	a qualified production as defined in s. 288.1254(1) 288.1254(2).
4819	Such services are not required to be performed in a licensed
4820	salon. Individuals exempt under this subsection may not provide
4821	such services to the general public.
4822	Reviser's note.--Amended to conform to the substantial
4823	rewording of s. 288.1254 by s. 2, ch. 2007-125, Laws of
4824	Florida; s. 288.1254(1) now defines a qualified production.
4825	Section 127.  Subsection (6) of section 481.215, Florida
4826	Statutes, is amended to read:
4827	481.215  Renewal of license.--
4828	(6)  The board shall require, by rule adopted pursuant to
4829	ss. 120.536(1) and 120.54, a specified number of hours in
4830	specialized or advanced courses, approved by the Florida
4831	Building Commission, on any portion of the Florida Building
4832	Code, adopted pursuant to part IV VII of chapter 553, relating
4833	to the licensee's respective area of practice.
4834	Reviser's note.--Amended to correct an erroneous reference.
4835	Part VII of chapter 553 relates to standards for radon-
4836	resistant buildings; part IV of chapter 553 relates to the
4837	Florida Building Code.
4838	Section 128.  Subsection (6) of section 481.313, Florida
4839	Statutes, is amended to read:
4840	481.313  Renewal of license.--
4841	(6)  The board shall require, by rule adopted pursuant to
4842	ss. 120.536(1) and 120.54, a specified number of hours in
4843	specialized or advanced courses, approved by the Florida
4844	Building Commission, on any portion of the Florida Building
4845	Code, adopted pursuant to part IV VII of chapter 553, relating
4846	to the licensee's respective area of practice.
4847	Reviser's note.--Amended to correct an erroneous reference.
4848	Part VII of chapter 553 relates to standards for radon-
4849	resistant buildings; part IV of chapter 553 relates to the
4850	Florida Building Code.
4851	Section 129.  Subsection (1) of section 487.048, Florida
4852	Statutes, is amended to read:
4853	487.048  Dealer's license; records.--
4854	(1)  Each person holding or offering for sale, selling, or
4855	distributing restricted-use pesticides shall obtain a dealer's
4856	license from the department. Application for the license shall
4857	be made on a form prescribed by the department. The license must
4858	be obtained before entering into business or transferring
4859	ownership of a business. The department may require examination
4860	or other proof of competency of individuals to whom licenses are
4861	issued or of individuals employed by persons to whom licenses
4862	are issued. Demonstration of continued competency may be
4863	required for license renewal, as set by rule. The license shall
4864	be renewed annually as provided by rule. An annual license fee
4865	not exceeding $250 shall be established by rule. However, a user
4866	of a restricted-use pesticide may distribute unopened containers
4867	of a properly labeled pesticide to another user who is legally
4868	entitled to use that restricted-use pesticide without obtaining
4869	a pesticide dealer's license. The exclusive purpose of
4870	distribution of the restricted-use pesticide is to keep it from
4871	becoming a hazardous waste as defined in s. 403.703(13)
4872	403.703(21).
4873	Reviser's note.--Amended to conform to the substantial
4874	rewording of s. 403.703 by s. 6, ch. 2007-184, Laws of
4875	Florida; s. 403.703(13) now defines hazardous waste.
4876	Section 130.  Paragraph (b) of subsection (4) and
4877	subsection (9) of section 489.115, Florida Statutes, are amended
4878	to read:
4879	489.115  Certification and registration; endorsement;
4880	reciprocity; renewals; continuing education.--
4881	(4)
4882	(b)1.  Each certificateholder or registrant shall provide
4883	proof, in a form established by rule of the board, that the
4884	certificateholder or registrant has completed at least 14
4885	classroom hours of at least 50 minutes each of continuing
4886	education courses during each biennium since the issuance or
4887	renewal of the certificate or registration. The board shall
4888	establish by rule that a portion of the required 14 hours must
4889	deal with the subject of workers' compensation, business
4890	practices, workplace safety, and, for applicable licensure
4891	categories, wind mitigation methodologies, and 1 hour of which
4892	must deal with laws and rules. The board shall by rule establish
4893	criteria for the approval of continuing education courses and
4894	providers, including requirements relating to the content of
4895	courses and standards for approval of providers, and may by rule
4896	establish criteria for accepting alternative nonclassroom
4897	continuing education on an hour-for-hour basis. The board shall
4898	prescribe by rule the continuing education, if any, which is
4899	required during the first biennium of initial licensure. A
4900	person who has been licensed for less than an entire biennium
4901	must not be required to complete the full 14 hours of continuing
4902	education.
4903	2.  In addition, the board may approve specialized
4904	continuing education courses on compliance with the wind
4905	resistance provisions for one and two family dwellings contained
4906	in the Florida Building Code and any alternate methodologies for
4907	providing such wind resistance which have been approved for use
4908	by the Florida Building Commission. Division I
4909	certificateholders or registrants who demonstrate proficiency
4910	upon completion of such specialized courses may certify plans
4911	and specifications for one and two family dwellings to be in
4912	compliance with the code or alternate methodologies, as
4913	appropriate, except for dwellings located in floodways or
4914	coastal hazard areas as defined in ss. 60.3D and E of the
4915	National Flood Insurance Program.
4916	3.  Each certificateholder or registrant shall provide to
4917	the board proof of completion of the core curriculum courses, or
4918	passing the equivalency test of the Building Code Training
4919	Program established under s. 553.841, specific to the licensing
4920	category sought, within 2 years after commencement of the
4921	program or of initial certification or registration, whichever
4922	is later. Classroom hours spent taking core curriculum courses
4923	shall count toward the number required for renewal of
4924	certificates or registration. A certificateholder or registrant
4925	who passes the equivalency test in lieu of taking the core
4926	curriculum courses shall receive full credit for core curriculum
4927	course hours.
4928	4.  The board shall require, by rule adopted pursuant to
4929	ss. 120.536(1) and 120.54, a specified number of hours in
4930	specialized or advanced module courses, approved by the Florida
4931	Building Commission, on any portion of the Florida Building
4932	Code, adopted pursuant to part IV VII of chapter 553, relating
4933	to the contractor's respective discipline.
4934	(9)  An initial applicant shall submit, along with the
4935	application, a complete set of fingerprints in a form and manner
4936	required by the department. The fingerprints shall be submitted
4937	to the Department of Law Enforcement for state processing, and
4938	the Department of Law Enforcement shall forward them to the
4939	Federal Bureau of Investigation for the purpose of conducting a
4940	level 2 background check pursuant to s. 435.04. The department
4941	shall and the board may review the background results to
4942	determine if an applicant meets licensure requirements. The cost
4943	for the fingerprint processing shall be borne by the person
4944	subject to the background screening. These fees are to be
4945	collected by the authorized agencies or vendors. The authorized
4946	agencies or vendors are responsible for paying the processing
4947	costs to the Department of Law Enforcement.
4948	Reviser's note.--Paragraph (4)(b) is amended to correct an
4949	erroneous reference. Part VII of chapter 553 relates to
4950	standards for radon-resistant buildings; part IV of chapter
4951	553 relates to the Florida Building Code. Subsection (9) is
4952	amended to confirm the editorial insertion of the word "of"
4953	to correct sentence construction.
4954	Section 131.  Paragraph (h) of subsection (1) of section
4955	489.127, Florida Statutes, is amended to read:
4956	489.127  Prohibitions; penalties.--
4957	(1)  No person shall:
4958	(h)  Commence or perform work for which a building permit
4959	is required pursuant to part IV VII of chapter 553 without such
4960	building permit being in effect; or
4961
4962	For purposes of this subsection, a person or business
4963	organization operating on an inactive or suspended certificate,
4964	registration, or certificate of authority is not duly certified
4965	or registered and is considered unlicensed. A business tax
4966	receipt issued under the authority of chapter 205 is not a
4967	license for purposes of this part.
4968	Reviser's note.--Amended to correct an erroneous reference.
4969	Part VII of chapter 553 relates to standards for radon-
4970	resistant buildings; part IV of chapter 553 relates to the
4971	Florida Building Code and required building permits.
4972	Section 132.  Subsection (6) of section 489.517, Florida
4973	Statutes, is amended to read:
4974	489.517  Renewal of certificate or registration; continuing
4975	education.--
4976	(6)  The board shall require, by rule adopted pursuant to
4977	ss. 120.536(1) and 120.54, a specialized number of hours in
4978	specialized or advanced module courses, approved by the Florida
4979	Building Commission, on any portion of the Florida Building
4980	Code, adopted pursuant to part IV VII of chapter 553, relating
4981	to the contractor's respective discipline.
4982	Reviser's note.--Amended to correct an erroneous reference.
4983	Part VII of chapter 553 relates to standards for radon-
4984	resistant buildings; part IV of chapter 553 relates to the
4985	Florida Building Code.
4986	Section 133.  Paragraph (i) of subsection (1) of section
4987	489.531, Florida Statutes, is amended to read:
4988	489.531  Prohibitions; penalties.--
4989	(1)  A person may not:
4990	(i)  Commence or perform work for which a building permit
4991	is required pursuant to part IV VII of chapter 553 without the
4992	building permit being in effect; or
4993	Reviser's note.--Amended to correct an erroneous reference.
4994	Part VII of chapter 553 relates to standards for radon-
4995	resistant buildings; part IV of chapter 553 relates to the
4996	Florida Building Code.
4997	Section 134.  Subsection (5) of section 497.172, Florida
4998	Statutes, is amended to read:
4999	497.172  Public records exemptions; public meetings
5000	exemptions.--
5001	(5)  REVIEW AND REPEAL.--This section is subject to the
5002	Open Government Sunset Review Act of 1995 in accordance with s.
5003	119.15, and shall stand repealed on October 2, 2010, unless
5004	reviewed and saved from repeal through reenactment by the
5005	Legislature.
5006	Reviser's note.--Amended to conform to the renaming of the
5007	"Open Government Sunset Review Act of 1995" as the "Open
5008	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
5009	of Florida.
5010	Section 135.  Subsection (3) of section 497.271, Florida
5011	Statutes, is amended to read:
5012	497.271  Standards for construction and significant
5013	alteration or renovation of mausoleums and columbaria.--
5014	(3)  The licensing authority shall transmit the rules as
5015	adopted under subsection (2), hereinafter referred to as the
5016	"mausoleum standards," to the Florida Building Commission, which
5017	shall initiate rulemaking under chapter 120 to consider such
5018	mausoleum standards. If such mausoleum standards are not deemed
5019	acceptable, they shall be returned by the Florida Building
5020	Commission to the licensing authority with details of changes
5021	needed to make them acceptable. If such mausoleum standards are
5022	acceptable, the Florida Building Commission shall adopt a rule
5023	designating the mausoleum standards as an approved revision to
5024	the State Minimum Building Codes under part IV VII of chapter
5025	553. When so designated by the Florida Building Commission, such
5026	mausoleum standards shall become a required element of the State
5027	Minimum Building Codes under s. 553.73(2) and shall be
5028	transmitted to each local enforcement agency, as defined in s.
5029	553.71(5). Such local enforcement agency shall consider and
5030	inspect for compliance with such mausoleum standards as if they
5031	were part of the local building code, but shall have no
5032	continuing duty to inspect after final approval of the
5033	construction pursuant to the local building code. Any further
5034	amendments to the mausoleum standards shall be accomplished by
5035	the same procedure. Such designated mausoleum standards, as from
5036	time to time amended, shall be a part of the State Minimum
5037	Building Codes under s. 553.73 until the adoption and effective
5038	date of a new statewide uniform minimum building code, which may
5039	supersede the mausoleum standards as provided by the law
5040	enacting the new statewide uniform minimum building code.
5041	Reviser's note.--Amended to correct an erroneous reference.
5042	Part VII of chapter 553 relates to standards for radon-
5043	resistant buildings; part IV of chapter 553 relates to the
5044	Florida Building Code.
5045	Section 136.  Paragraph (b) of subsection (8) of section
5046	497.466, Florida Statutes, is repealed.
5047	Reviser's note.--The cited paragraph, which provided that
5048	persons holding preneed sales agent licenses in good
5049	standing under former s. 497.439 as of September 30, 2005,
5050	were deemed to hold permanent preneed sales agent licenses
5051	or licenses by appointment by preneed licensees as of
5052	October 1, 2005, has served its purpose. Section 497.439
5053	was redesignated as s. 497.466, effective October 1, 2005,
5054	by s. 115, ch. 2004-301, Laws of Florida.
5055	Section 137.  Subsection (3) of section 500.148, Florida
5056	Statutes, is amended to read:
5057	500.148  Reports and dissemination of information;
5058	confidentiality.--
5059	(3)  Information deemed confidential under 21 C.F.R. part
5060	20.61, part 20.62, or part 20.88, or 5 U.S.C. s. 552(b), and
5061	which is provided to the department during a joint food safety
5062	or food illness investigation, as a requirement for conducting a
5063	federal-state contract or partnership activity, or for
5064	regulatory review, is confidential and exempt from s. 119.07(1)
5065	and s. 24(a), Art. I of the State Constitution. Such information
5066	may not be disclosed except under a final determination by the
5067	appropriate federal agencies that such records are no longer
5068	entitled to protection, or pursuant to an order of the court.
5069	This section is subject to the Open Government Sunset Review Act
5070	of 1995 in accordance with s. 119.15, and shall stand repealed
5071	on October 2, 2008, unless reviewed and saved from repeal
5072	through reenactment by the Legislature.
5073	Reviser's note.--Amended to conform to the renaming of the
5074	"Open Government Sunset Review Act of 1995" as the "Open
5075	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
5076	of Florida.
5077	Section 138.  Paragraph (b) of subsection (1) of section
5078	501.022, Florida Statutes, is amended to read:
5079	501.022  Home solicitation sale; permit required.--
5080	(1)
5081	(b)  The following are excluded from the operation of this
5082	section:
5083	1.  Bona fide agents, business representatives, or
5084	salespersons making calls or soliciting orders at the usual
5085	place of business of a customer regarding products or services
5086	for use in connection with the customer's business.
5087	2.  Solicitors, salespersons, or agents making a call or
5088	business visit upon the express invitation, oral or written, of
5089	an inhabitant of the premises or her or his agent.
5090	3.  Telephone solicitors, salespersons, or agents making
5091	calls which involve transactions that are unsolicited by the
5092	consumer and consummated by telephone and without any other
5093	contact between the buyer and the seller or its representative
5094	prior to delivery of the goods or performance of the services.
5095	4.  Solicitors, salespersons, or agents conducting a sale,
5096	lease, or rental of consumer goods or services by sample,
5097	catalog, or brochure for future delivery.
5098	5.  Minors, as defined in s. 1.01(13), conducting home
5099	solicitation sales under the supervision of an adult supervisor
5100	who holds a valid home solicitation sale permit. Minors excluded
5101	from operation of this section must, however, carry personal
5102	identification which includes their full name, date of birth,
5103	residence address, and employer and the name and permit number
5104	of their adult supervisor.
5105	6.  Those sellers or their representatives that are
5106	currently regulated as to the sale of goods and services by
5107	chapter 475 or chapter 497.
5108	7.  Solicitors, salespersons, or agents making calls or
5109	soliciting orders on behalf of a religious, charitable,
5110	scientific, educational, or veterans' institution or
5111	organization holding a sales tax exemption certificate under s.
5112	212.08(7) 212.08(7)(a).
5113	Reviser's note.--Amended to correct an erroneous reference.
5114	Section 139.  Subsection (11) of section 501.976, Florida
5115	Statutes, is amended to read:
5116	501.976  Actionable, unfair, or deceptive acts or
5117	practices.--It is an unfair or deceptive act or practice,
5118	actionable under the Florida Deceptive and Unfair Trade
5119	Practices Act, for a dealer to:
5120	(11)  Add to the cash price of a vehicle as defined in s.
5121	520.02(2) any fee or charge other than those provided in that
5122	section and in rule 69V-50.001 3D-50.001, Florida Administrative
5123	Code. All fees or charges permitted to be added to the cash
5124	price by rule 69V-50.001 3D-50.001, Florida Administrative Code,
5125	must be fully disclosed to customers in all binding contracts
5126	concerning the vehicle's selling price.
5127
5128	In any civil litigation resulting from a violation of this
5129	section, when evaluating the reasonableness of an award of
5130	attorney's fees to a private person, the trial court shall
5131	consider the amount of actual damages in relation to the time
5132	spent.
5133	Reviser's note.--Amended to conform to the redesignation of
5134	rule 3D-50.001 as rule 69V-50.001, Florida Administrative
5135	Code.
5136	Section 140.  Paragraph (f) of subsection (10) of section
5137	553.73, Florida Statutes, is amended to read:
5138	553.73  Florida Building Code.--
5139	(10)
5140	(f)  All decisions of the local building official and local
5141	fire official and all decisions of the administrative board
5142	shall be in writing and shall be binding upon all persons but
5143	shall not limit the authority of the State Fire Marshal or the
5144	Florida Building Commission pursuant to paragraph (1)(d) and ss.
5145	633.01 663.01 and 633.161. Decisions of general application
5146	shall be indexed by building and fire code sections and shall be
5147	available for inspection during normal business hours.
5148	Reviser's note.--Amended to correct a reference and conform
5149	to context. Section 663.01 provides definitions relating to
5150	international banking corporations; s. 633.01 provides for
5151	powers and duties of the State Fire Marshal.
5152	Section 141.  Paragraph (b) of subsection (15) of section
5153	553.791, Florida Statutes, is amended to read:
5154	553.791  Alternative plans review and inspection.--
5155	(15)
5156	(b)  A local enforcement agency, local building official,
5157	or local government may establish, for private providers and
5158	duly authorized representatives working within that
5159	jurisdiction, a system of registration to verify compliance with
5160	the licensure requirements of paragraph (1)(i) (1)(g) and the
5161	insurance requirements of subsection (16).
5162	Reviser's note.--Amended to conform to the redesignation of
5163	paragraph (1)(g) as paragraph (1)(i) by s. 6, ch. 2007-187,
5164	Laws of Florida.
5165	Section 142.  Subsection (11) of section 610.104, Florida
5166	Statutes, is amended to read:
5167	610.104  State authorization to provide cable or video
5168	service.--
5169	(11)  The application shall be accompanied by a one-time
5170	fee of $10,000. A parent company may file a single application
5171	covering itself and all of its subsidiaries and affiliates
5172	intending to provide cable or video service in the service areas
5173	throughout the state as described in subparagraph (2)(e)5.
5174	paragraph (3)(d), but the entity actually providing such service
5175	in a given area shall otherwise be considered the
5176	certificateholder under this act.
5177	Reviser's note.--Amended to correct a reference. Subsection
5178	(3) is not divided into paragraphs; subparagraph (2)(e)5.
5179	describes service areas.
5180	Section 143.  Subsection (2) of section 617.0802, Florida
5181	Statutes, is amended to read:
5182	617.0802  Qualifications of directors.--
5183	(2)  In the event that the eligibility to serve as a member
5184	of the board of directors of a condominium association,
5185	cooperative association, homeowners' association, or mobile home
5186	owners' association is restricted to membership in such
5187	association and membership is appurtenant to ownership of a
5188	unit, parcel, or mobile home, a grantor of a trust described in
5189	s. 733.707(3), or a beneficiary as defined in former s.
5190	737.303(4)(b) of a trust which owns a unit, parcel, or mobile
5191	home shall be deemed a member of the association and eligible to
5192	serve as a director of the condominium association, cooperative
5193	association, homeowners' association, or mobile home owners'
5194	association, provided that said beneficiary occupies the unit,
5195	parcel, or mobile home.
5196	Reviser's note.--Amended to clarify the status of s.
5197	737.303, which was repealed by s. 48, ch. 2006-217, Laws of
5198	Florida.
5199	Section 144.  Paragraph (e) of subsection (2) of section
5200	624.316, Florida Statutes, is amended to read:
5201	624.316  Examination of insurers.--
5202	(2)
5203	(e)  The commission shall adopt rules providing that an
5204	examination under this section may be conducted by independent
5205	certified public accountants, actuaries, investment specialists,
5206	information technology specialists, and reinsurance specialists
5207	meeting criteria specified by rule. The rules shall provide:
5208	1.  That the rates charged to the insurer being examined
5209	are consistent with rates charged by other firms in a similar
5210	profession and are comparable with the rates charged for
5211	comparable examinations.
5212	2.  That the firm selected by the office to perform the
5213	examination has no conflicts of interest that might affect its
5214	ability to independently perform its responsibilities on the
5215	examination.
5216	3.  That the insurer being examined must make payment for
5217	the examination pursuant to s. 624.320(1) 624.320(2) in
5218	accordance with the rates and terms established by the office
5219	and the firm performing the examination.
5220	Reviser's note.--Amended to correct a reference and conform
5221	to context. Section 624.320(2) relates to deposit of the
5222	collected moneys into a specified trust fund; s. 624.320(1)
5223	relates to insurer payment for examination.
5224	Section 145.  Paragraph (e) of subsection (3) of section
5225	627.0628, Florida Statutes, is amended to read:
5226	627.0628  Florida Commission on Hurricane Loss Projection
5227	Methodology; public records exemption; public meetings
5228	exemption.--
5229	(3)  ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.--
5230	(e)1.  A trade secret, as defined in s. 812.081, that is
5231	used in designing and constructing a hurricane loss model and
5232	that is provided pursuant to this section, by a private company,
5233	to the commission, office, or consumer advocate appointed
5234	pursuant to s. 627.0613, is confidential and exempt from s.
5235	119.07(1) and s. 24(a), Art. I of the State Constitution.
5236	2.  That portion of a meeting of the commission or of a
5237	rate proceeding on an insurer's rate filing at which a trade
5238	secret made confidential and exempt by this paragraph is
5239	discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
5240	State Constitution.
5241	3.  This paragraph is subject to the Open Government Sunset
5242	Review Act of 1995 in accordance with s. 119.15, and shall stand
5243	repealed on October 2, 2010, unless reviewed and saved from
5244	repeal through reenactment by the Legislature.
5245	Reviser's note.--Amended to conform to the renaming of the
5246	"Open Government Sunset Review Act of 1995" as the "Open
5247	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
5248	of Florida.
5249	Section 146.  Subsection (3) of section 627.06292, Florida
5250	Statutes, is amended to read:
5251	627.06292  Reports of hurricane loss data and associated
5252	exposure data; public records exemption.--
5253	(3)  This section is subject to the Open Government Sunset
5254	Review Act of 1995 in accordance with s. 119.15, and shall stand
5255	repealed on October 2, 2010, unless reviewed and saved from
5256	repeal through reenactment by the Legislature.
5257	Reviser's note.--Amended to conform to the renaming of the
5258	"Open Government Sunset Review Act of 1995" as the "Open
5259	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
5260	of Florida.
5261	Section 147.  Paragraph (b) of subsection (4) and paragraph
5262	(m) of subsection (5) of section 627.311, Florida Statutes, are
5263	amended to read:
5264	627.311  Joint underwriters and joint reinsurers; public
5265	records and public meetings exemptions.--
5266	(4)  The Florida Automobile Joint Underwriting Association:
5267	(b)  Shall keep portions of association meetings during
5268	which confidential and exempt underwriting files or confidential
5269	and exempt claims files are discussed exempt from the provisions
5270	of s. 286.011 and s. 24(b), Art. I of the State Constitution.
5271	All closed portions of association meetings shall be recorded by
5272	a court reporter. The court reporter shall record the times of
5273	commencement and termination of the meeting, all discussion and
5274	proceedings, the names of all persons present at any time, and
5275	the names of all persons speaking. No portion of any closed
5276	meeting shall be off the record. Subject to the provisions of
5277	this paragraph and s. 119.07(1)(d)-(f) 119.07(1)(e)-(g), the
5278	court reporter's notes of any closed meeting shall be retained
5279	by the association for a minimum of 5 years. A copy of the
5280	transcript, less any confidential and exempt information, of any
5281	closed meeting during which confidential and exempt claims files
5282	are discussed shall become public as to individual claims files
5283	after settlement of that claim.
5284	(5)
5285	(m)  Senior managers and officers, as defined in the plan
5286	of operation, and members of the board of governors are subject
5287	to the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145,
5288	112.316, and 112.317. Senior managers, officers, and board
5289	members are also required to file such disclosures with the
5290	Commission on Ethics and the Office of Insurance Regulation. The
5291	executive director of the plan or his or her designee shall
5292	notify each newly appointed and existing appointed member of the
5293	board of governors, senior manager, and officer of his or her
5294	duty to comply with the reporting requirements of s. 112.3145
5295	112.345. At least quarterly, the executive director of the plan
5296	or his or her designee shall submit to the Commission on Ethics
5297	a list of names of the senior managers, officers, and members of
5298	the board of governors who are subject to the public disclosure
5299	requirements under s. 112.3145. Notwithstanding s. 112.313, an
5300	employee, officer, owner, or director of an insurance agency,
5301	insurance company, or other insurance entity may be a member of
5302	the board of governors unless such employee, officer, owner, or
5303	director of an insurance agency, insurance company, other
5304	insurance entity, or an affiliate provides policy issuance,
5305	policy administration, underwriting, claims handling, or payroll
5306	audit services. Notwithstanding s. 112.3143, such board member
5307	may not participate in or vote on a matter if the insurance
5308	agency, insurance company, or other insurance entity would
5309	obtain a special or unique benefit that would not apply to other
5310	similarly situated insurance entities.
5311	Reviser's note.--Paragraph (4)(b) is amended to conform to
5312	the redesignation of s. 119.07(1)(b)-(d) as s.
5313	119.07(1)(d)-(f) by s. 1, ch. 2007-39, Laws of Florida, and
5314	to correct the reference by s. 3, ch. 2007-39. Paragraph
5315	(5)(m) is amended to correct a reference and conform to
5316	context. Section 112.345 does not exist; s. 112.3145
5317	relates to reporting requirements.
5318	Section 148.  Paragraph (b) of subsection (2) and
5319	paragraphs (c), (n), (v), and (w) of subsection (6) of section
5320	627.351, Florida Statutes, are amended to read:
5321	627.351  Insurance risk apportionment plans.--
5322	(2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--
5323	(b)  The department shall require all insurers holding a
5324	certificate of authority to transact property insurance on a
5325	direct basis in this state, other than joint underwriting
5326	associations and other entities formed pursuant to this section,
5327	to provide windstorm coverage to applicants from areas
5328	determined to be eligible pursuant to paragraph (c) who in good
5329	faith are entitled to, but are unable to procure, such coverage
5330	through ordinary means; or it shall adopt a reasonable plan or
5331	plans for the equitable apportionment or sharing among such
5332	insurers of windstorm coverage, which may include formation of
5333	an association for this purpose. As used in this subsection, the
5334	term "property insurance" means insurance on real or personal
5335	property, as defined in s. 624.604, including insurance for
5336	fire, industrial fire, allied lines, farmowners multiperil,
5337	homeowners' multiperil, commercial multiperil, and mobile homes,
5338	and including liability coverages on all such insurance, but
5339	excluding inland marine as defined in s. 624.607(3) and
5340	excluding vehicle insurance as defined in s. 624.605(1)(a) other
5341	than insurance on mobile homes used as permanent dwellings. The
5342	department shall adopt rules that provide a formula for the
5343	recovery and repayment of any deferred assessments.
5344	1.  For the purpose of this section, properties eligible
5345	for such windstorm coverage are defined as dwellings, buildings,
5346	and other structures, including mobile homes which are used as
5347	dwellings and which are tied down in compliance with mobile home
5348	tie-down requirements prescribed by the Department of Highway
5349	Safety and Motor Vehicles pursuant to s. 320.8325, and the
5350	contents of all such properties. An applicant or policyholder is
5351	eligible for coverage only if an offer of coverage cannot be
5352	obtained by or for the applicant or policyholder from an
5353	admitted insurer at approved rates.
5354	2.a.(I)  All insurers required to be members of such
5355	association shall participate in its writings, expenses, and
5356	losses. Surplus of the association shall be retained for the
5357	payment of claims and shall not be distributed to the member
5358	insurers. Such participation by member insurers shall be in the
5359	proportion that the net direct premiums of each member insurer
5360	written for property insurance in this state during the
5361	preceding calendar year bear to the aggregate net direct
5362	premiums for property insurance of all member insurers, as
5363	reduced by any credits for voluntary writings, in this state
5364	during the preceding calendar year. For the purposes of this
5365	subsection, the term "net direct premiums" means direct written
5366	premiums for property insurance, reduced by premium for
5367	liability coverage and for the following if included in allied
5368	lines: rain and hail on growing crops; livestock; association
5369	direct premiums booked; National Flood Insurance Program direct
5370	premiums; and similar deductions specifically authorized by the
5371	plan of operation and approved by the department. A member's
5372	participation shall begin on the first day of the calendar year
5373	following the year in which it is issued a certificate of
5374	authority to transact property insurance in the state and shall
5375	terminate 1 year after the end of the calendar year during which
5376	it no longer holds a certificate of authority to transact
5377	property insurance in the state. The commissioner, after review
5378	of annual statements, other reports, and any other statistics
5379	that the commissioner deems necessary, shall certify to the
5380	association the aggregate direct premiums written for property
5381	insurance in this state by all member insurers.
5382	(II)  Effective July 1, 2002, the association shall operate
5383	subject to the supervision and approval of a board of governors
5384	who are the same individuals that have been appointed by the
5385	Treasurer to serve on the board of governors of the Citizens
5386	Property Insurance Corporation.
5387	(III)  The plan of operation shall provide a formula
5388	whereby a company voluntarily providing windstorm coverage in
5389	affected areas will be relieved wholly or partially from
5390	apportionment of a regular assessment pursuant to sub-sub-
5391	subparagraph d.(I) or sub-sub-subparagraph d.(II).
5392	(IV)  A company which is a member of a group of companies
5393	under common management may elect to have its credits applied on
5394	a group basis, and any company or group may elect to have its
5395	credits applied to any other company or group.
5396	(V)  There shall be no credits or relief from apportionment
5397	to a company for emergency assessments collected from its
5398	policyholders under sub-sub-subparagraph d.(III).
5399	(VI)  The plan of operation may also provide for the award
5400	of credits, for a period not to exceed 3 years, from a regular
5401	assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub-
5402	subparagraph d.(II) as an incentive for taking policies out of
5403	the Residential Property and Casualty Joint Underwriting
5404	Association. In order to qualify for the exemption under this
5405	sub-sub-subparagraph, the take-out plan must provide that at
5406	least 40 percent of the policies removed from the Residential
5407	Property and Casualty Joint Underwriting Association cover risks
5408	located in Miami-Dade Dade, Broward, and Palm Beach Counties or
5409	at least 30 percent of the policies so removed cover risks
5410	located in Miami-Dade Dade, Broward, and Palm Beach Counties and
5411	an additional 50 percent of the policies so removed cover risks
5412	located in other coastal counties, and must also provide that no
5413	more than 15 percent of the policies so removed may exclude
5414	windstorm coverage. With the approval of the department, the
5415	association may waive these geographic criteria for a take-out
5416	plan that removes at least the lesser of 100,000 Residential
5417	Property and Casualty Joint Underwriting Association policies or
5418	15 percent of the total number of Residential Property and
5419	Casualty Joint Underwriting Association policies, provided the
5420	governing board of the Residential Property and Casualty Joint
5421	Underwriting Association certifies that the take-out plan will
5422	materially reduce the Residential Property and Casualty Joint
5423	Underwriting Association's 100-year probable maximum loss from
5424	hurricanes. With the approval of the department, the board may
5425	extend such credits for an additional year if the insurer
5426	guarantees an additional year of renewability for all policies
5427	removed from the Residential Property and Casualty Joint
5428	Underwriting Association, or for 2 additional years if the
5429	insurer guarantees 2 additional years of renewability for all
5430	policies removed from the Residential Property and Casualty
5431	Joint Underwriting Association.
5432	b.  Assessments to pay deficits in the association under
5433	this subparagraph shall be included as an appropriate factor in
5434	the making of rates as provided in s. 627.3512.
5435	c.  The Legislature finds that the potential for unlimited
5436	deficit assessments under this subparagraph may induce insurers
5437	to attempt to reduce their writings in the voluntary market, and
5438	that such actions would worsen the availability problems that
5439	the association was created to remedy. It is the intent of the
5440	Legislature that insurers remain fully responsible for paying
5441	regular assessments and collecting emergency assessments for any
5442	deficits of the association; however, it is also the intent of
5443	the Legislature to provide a means by which assessment
5444	liabilities may be amortized over a period of years.
5445	d.(I)  When the deficit incurred in a particular calendar
5446	year is 10 percent or less of the aggregate statewide direct
5447	written premium for property insurance for the prior calendar
5448	year for all member insurers, the association shall levy an
5449	assessment on member insurers in an amount equal to the deficit.
5450	(II)  When the deficit incurred in a particular calendar
5451	year exceeds 10 percent of the aggregate statewide direct
5452	written premium for property insurance for the prior calendar
5453	year for all member insurers, the association shall levy an
5454	assessment on member insurers in an amount equal to the greater
5455	of 10 percent of the deficit or 10 percent of the aggregate
5456	statewide direct written premium for property insurance for the
5457	prior calendar year for member insurers. Any remaining deficit
5458	shall be recovered through emergency assessments under sub-sub-
5459	subparagraph (III).
5460	(III)  Upon a determination by the board of directors that
5461	a deficit exceeds the amount that will be recovered through
5462	regular assessments on member insurers, pursuant to sub-sub-
5463	subparagraph (I) or sub-sub-subparagraph (II), the board shall
5464	levy, after verification by the department, emergency
5465	assessments to be collected by member insurers and by
5466	underwriting associations created pursuant to this section which
5467	write property insurance, upon issuance or renewal of property
5468	insurance policies other than National Flood Insurance policies
5469	in the year or years following levy of the regular assessments.
5470	The amount of the emergency assessment collected in a particular
5471	year shall be a uniform percentage of that year's direct written
5472	premium for property insurance for all member insurers and
5473	underwriting associations, excluding National Flood Insurance
5474	policy premiums, as annually determined by the board and
5475	verified by the department. The department shall verify the
5476	arithmetic calculations involved in the board's determination
5477	within 30 days after receipt of the information on which the
5478	determination was based. Notwithstanding any other provision of
5479	law, each member insurer and each underwriting association
5480	created pursuant to this section shall collect emergency
5481	assessments from its policyholders without such obligation being
5482	affected by any credit, limitation, exemption, or deferment. The
5483	emergency assessments so collected shall be transferred directly
5484	to the association on a periodic basis as determined by the
5485	association. The aggregate amount of emergency assessments
5486	levied under this sub-sub-subparagraph in any calendar year may
5487	not exceed the greater of 10 percent of the amount needed to
5488	cover the original deficit, plus interest, fees, commissions,
5489	required reserves, and other costs associated with financing of
5490	the original deficit, or 10 percent of the aggregate statewide
5491	direct written premium for property insurance written by member
5492	insurers and underwriting associations for the prior year, plus
5493	interest, fees, commissions, required reserves, and other costs
5494	associated with financing the original deficit. The board may
5495	pledge the proceeds of the emergency assessments under this sub-
5496	sub-subparagraph as the source of revenue for bonds, to retire
5497	any other debt incurred as a result of the deficit or events
5498	giving rise to the deficit, or in any other way that the board
5499	determines will efficiently recover the deficit. The emergency
5500	assessments under this sub-sub-subparagraph shall continue as
5501	long as any bonds issued or other indebtedness incurred with
5502	respect to a deficit for which the assessment was imposed remain
5503	outstanding, unless adequate provision has been made for the
5504	payment of such bonds or other indebtedness pursuant to the
5505	document governing such bonds or other indebtedness. Emergency
5506	assessments collected under this sub-sub-subparagraph are not
5507	part of an insurer's rates, are not premium, and are not subject
5508	to premium tax, fees, or commissions; however, failure to pay
5509	the emergency assessment shall be treated as failure to pay
5510	premium.
5511	(IV)  Each member insurer's share of the total regular
5512	assessments under sub-sub-subparagraph (I) or sub-sub-
5513	subparagraph (II) shall be in the proportion that the insurer's
5514	net direct premium for property insurance in this state, for the
5515	year preceding the assessment bears to the aggregate statewide
5516	net direct premium for property insurance of all member
5517	insurers, as reduced by any credits for voluntary writings for
5518	that year.
5519	(V)  If regular deficit assessments are made under sub-sub-
5520	subparagraph (I) or sub-sub-subparagraph (II), or by the
5521	Residential Property and Casualty Joint Underwriting Association
5522	under sub-subparagraph (6)(b)3.a. or sub-subparagraph
5523	(6)(b)3.b., the association shall levy upon the association's
5524	policyholders, as part of its next rate filing, or by a separate
5525	rate filing solely for this purpose, a market equalization
5526	surcharge in a percentage equal to the total amount of such
5527	regular assessments divided by the aggregate statewide direct
5528	written premium for property insurance for member insurers for
5529	the prior calendar year. Market equalization surcharges under
5530	this sub-sub-subparagraph are not considered premium and are not
5531	subject to commissions, fees, or premium taxes; however, failure
5532	to pay a market equalization surcharge shall be treated as
5533	failure to pay premium.
5534	e.  The governing body of any unit of local government, any
5535	residents of which are insured under the plan, may issue bonds
5536	as defined in s. 125.013 or s. 166.101 to fund an assistance
5537	program, in conjunction with the association, for the purpose of
5538	defraying deficits of the association. In order to avoid
5539	needless and indiscriminate proliferation, duplication, and
5540	fragmentation of such assistance programs, any unit of local
5541	government, any residents of which are insured by the
5542	association, may provide for the payment of losses, regardless
5543	of whether or not the losses occurred within or outside of the
5544	territorial jurisdiction of the local government. Revenue bonds
5545	may not be issued until validated pursuant to chapter 75, unless
5546	a state of emergency is declared by executive order or
5547	proclamation of the Governor pursuant to s. 252.36 making such
5548	findings as are necessary to determine that it is in the best
5549	interests of, and necessary for, the protection of the public
5550	health, safety, and general welfare of residents of this state
5551	and the protection and preservation of the economic stability of
5552	insurers operating in this state, and declaring it an essential
5553	public purpose to permit certain municipalities or counties to
5554	issue bonds as will provide relief to claimants and
5555	policyholders of the association and insurers responsible for
5556	apportionment of plan losses. Any such unit of local government
5557	may enter into such contracts with the association and with any
5558	other entity created pursuant to this subsection as are
5559	necessary to carry out this paragraph. Any bonds issued under
5560	this sub-subparagraph shall be payable from and secured by
5561	moneys received by the association from assessments under this
5562	subparagraph, and assigned and pledged to or on behalf of the
5563	unit of local government for the benefit of the holders of such
5564	bonds. The funds, credit, property, and taxing power of the
5565	state or of the unit of local government shall not be pledged
5566	for the payment of such bonds. If any of the bonds remain unsold
5567	60 days after issuance, the department shall require all
5568	insurers subject to assessment to purchase the bonds, which
5569	shall be treated as admitted assets; each insurer shall be
5570	required to purchase that percentage of the unsold portion of
5571	the bond issue that equals the insurer's relative share of
5572	assessment liability under this subsection. An insurer shall not
5573	be required to purchase the bonds to the extent that the
5574	department determines that the purchase would endanger or impair
5575	the solvency of the insurer. The authority granted by this sub-
5576	subparagraph is additional to any bonding authority granted by
5577	subparagraph 6.
5578	3.  The plan shall also provide that any member with a
5579	surplus as to policyholders of $20 million or less writing 25
5580	percent or more of its total countrywide property insurance
5581	premiums in this state may petition the department, within the
5582	first 90 days of each calendar year, to qualify as a limited
5583	apportionment company. The apportionment of such a member
5584	company in any calendar year for which it is qualified shall not
5585	exceed its gross participation, which shall not be affected by
5586	the formula for voluntary writings. In no event shall a limited
5587	apportionment company be required to participate in any
5588	apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
5589	or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
5590	$50 million after payment of available plan funds in any
5591	calendar year. However, a limited apportionment company shall
5592	collect from its policyholders any emergency assessment imposed
5593	under sub-sub-subparagraph 2.d.(III). The plan shall provide
5594	that, if the department determines that any regular assessment
5595	will result in an impairment of the surplus of a limited
5596	apportionment company, the department may direct that all or
5597	part of such assessment be deferred. However, there shall be no
5598	limitation or deferment of an emergency assessment to be
5599	collected from policyholders under sub-sub-subparagraph
5600	2.d.(III).
5601	4.  The plan shall provide for the deferment, in whole or
5602	in part, of a regular assessment of a member insurer under sub-
5603	sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but
5604	not for an emergency assessment collected from policyholders
5605	under sub-sub-subparagraph 2.d.(III), if, in the opinion of the
5606	commissioner, payment of such regular assessment would endanger
5607	or impair the solvency of the member insurer. In the event a
5608	regular assessment against a member insurer is deferred in whole
5609	or in part, the amount by which such assessment is deferred may
5610	be assessed against the other member insurers in a manner
5611	consistent with the basis for assessments set forth in sub-sub-
5612	subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
5613	5.a.  The plan of operation may include deductibles and
5614	rules for classification of risks and rate modifications
5615	consistent with the objective of providing and maintaining funds
5616	sufficient to pay catastrophe losses.
5617	b.  The association may require arbitration of a rate
5618	filing under s. 627.062(6). It is the intent of the Legislature
5619	that the rates for coverage provided by the association be
5620	actuarially sound and not competitive with approved rates
5621	charged in the admitted voluntary market such that the
5622	association functions as a residual market mechanism to provide
5623	insurance only when the insurance cannot be procured in the
5624	voluntary market. The plan of operation shall provide a
5625	mechanism to assure that, beginning no later than January 1,
5626	1999, the rates charged by the association for each line of
5627	business are reflective of approved rates in the voluntary
5628	market for hurricane coverage for each line of business in the
5629	various areas eligible for association coverage.
5630	c.  The association shall provide for windstorm coverage on
5631	residential properties in limits up to $10 million for
5632	commercial lines residential risks and up to $1 million for
5633	personal lines residential risks. If coverage with the
5634	association is sought for a residential risk valued in excess of
5635	these limits, coverage shall be available to the risk up to the
5636	replacement cost or actual cash value of the property, at the
5637	option of the insured, if coverage for the risk cannot be
5638	located in the authorized market. The association must accept a
5639	commercial lines residential risk with limits above $10 million
5640	or a personal lines residential risk with limits above $1
5641	million if coverage is not available in the authorized market.
5642	The association may write coverage above the limits specified in
5643	this subparagraph with or without facultative or other
5644	reinsurance coverage, as the association determines appropriate.
5645	d.  The plan of operation must provide objective criteria
5646	and procedures, approved by the department, to be uniformly
5647	applied for all applicants in determining whether an individual
5648	risk is so hazardous as to be uninsurable. In making this
5649	determination and in establishing the criteria and procedures,
5650	the following shall be considered:
5651	(I)  Whether the likelihood of a loss for the individual
5652	risk is substantially higher than for other risks of the same
5653	class; and
5654	(II)  Whether the uncertainty associated with the
5655	individual risk is such that an appropriate premium cannot be
5656	determined.
5657
5658	The acceptance or rejection of a risk by the association
5659	pursuant to such criteria and procedures must be construed as
5660	the private placement of insurance, and the provisions of
5661	chapter 120 do not apply.
5662	e.  If the risk accepts an offer of coverage through the
5663	market assistance program or through a mechanism established by
5664	the association, either before the policy is issued by the
5665	association or during the first 30 days of coverage by the
5666	association, and the producing agent who submitted the
5667	application to the association is not currently appointed by the
5668	insurer, the insurer shall:
5669	(I)  Pay to the producing agent of record of the policy,
5670	for the first year, an amount that is the greater of the
5671	insurer's usual and customary commission for the type of policy
5672	written or a fee equal to the usual and customary commission of
5673	the association; or
5674	(II)  Offer to allow the producing agent of record of the
5675	policy to continue servicing the policy for a period of not less
5676	than 1 year and offer to pay the agent the greater of the
5677	insurer's or the association's usual and customary commission
5678	for the type of policy written.
5679
5680	If the producing agent is unwilling or unable to accept
5681	appointment, the new insurer shall pay the agent in accordance
5682	with sub-sub-subparagraph (I). Subject to the provisions of s.
5683	627.3517, the policies issued by the association must provide
5684	that if the association obtains an offer from an authorized
5685	insurer to cover the risk at its approved rates under either a
5686	standard policy including wind coverage or, if consistent with
5687	the insurer's underwriting rules as filed with the department, a
5688	basic policy including wind coverage, the risk is no longer
5689	eligible for coverage through the association. Upon termination
5690	of eligibility, the association shall provide written notice to
5691	the policyholder and agent of record stating that the
5692	association policy must be canceled as of 60 days after the date
5693	of the notice because of the offer of coverage from an
5694	authorized insurer. Other provisions of the insurance code
5695	relating to cancellation and notice of cancellation do not apply
5696	to actions under this sub-subparagraph.
5697	f.  When the association enters into a contractual
5698	agreement for a take-out plan, the producing agent of record of
5699	the association policy is entitled to retain any unearned
5700	commission on the policy, and the insurer shall:
5701	(I)  Pay to the producing agent of record of the
5702	association policy, for the first year, an amount that is the
5703	greater of the insurer's usual and customary commission for the
5704	type of policy written or a fee equal to the usual and customary
5705	commission of the association; or
5706	(II)  Offer to allow the producing agent of record of the
5707	association policy to continue servicing the policy for a period
5708	of not less than 1 year and offer to pay the agent the greater
5709	of the insurer's or the association's usual and customary
5710	commission for the type of policy written.
5711
5712	If the producing agent is unwilling or unable to accept
5713	appointment, the new insurer shall pay the agent in accordance
5714	with sub-sub-subparagraph (I).
5715	6.a.  The plan of operation may authorize the formation of
5716	a private nonprofit corporation, a private nonprofit
5717	unincorporated association, a partnership, a trust, a limited
5718	liability company, or a nonprofit mutual company which may be
5719	empowered, among other things, to borrow money by issuing bonds
5720	or by incurring other indebtedness and to accumulate reserves or
5721	funds to be used for the payment of insured catastrophe losses.
5722	The plan may authorize all actions necessary to facilitate the
5723	issuance of bonds, including the pledging of assessments or
5724	other revenues.
5725	b.  Any entity created under this subsection, or any entity
5726	formed for the purposes of this subsection, may sue and be sued,
5727	may borrow money; issue bonds, notes, or debt instruments;
5728	pledge or sell assessments, market equalization surcharges and
5729	other surcharges, rights, premiums, contractual rights,
5730	projected recoveries from the Florida Hurricane Catastrophe
5731	Fund, other reinsurance recoverables, and other assets as
5732	security for such bonds, notes, or debt instruments; enter into
5733	any contracts or agreements necessary or proper to accomplish
5734	such borrowings; and take other actions necessary to carry out
5735	the purposes of this subsection. The association may issue bonds
5736	or incur other indebtedness, or have bonds issued on its behalf
5737	by a unit of local government pursuant to subparagraph (6)(p)2.,
5738	in the absence of a hurricane or other weather-related event,
5739	upon a determination by the association subject to approval by
5740	the department that such action would enable it to efficiently
5741	meet the financial obligations of the association and that such
5742	financings are reasonably necessary to effectuate the
5743	requirements of this subsection. Any such entity may accumulate
5744	reserves and retain surpluses as of the end of any association
5745	year to provide for the payment of losses incurred by the
5746	association during that year or any future year. The association
5747	shall incorporate and continue the plan of operation and
5748	articles of agreement in effect on the effective date of chapter
5749	76-96, Laws of Florida, to the extent that it is not
5750	inconsistent with chapter 76-96, and as subsequently modified
5751	consistent with chapter 76-96. The board of directors and
5752	officers currently serving shall continue to serve until their
5753	successors are duly qualified as provided under the plan. The
5754	assets and obligations of the plan in effect immediately prior
5755	to the effective date of chapter 76-96 shall be construed to be
5756	the assets and obligations of the successor plan created herein.
5757	c.  In recognition of s. 10, Art. I of the State
5758	Constitution, prohibiting the impairment of obligations of
5759	contracts, it is the intent of the Legislature that no action be
5760	taken whose purpose is to impair any bond indenture or financing
5761	agreement or any revenue source committed by contract to such
5762	bond or other indebtedness issued or incurred by the association
5763	or any other entity created under this subsection.
5764	7.  On such coverage, an agent's remuneration shall be that
5765	amount of money payable to the agent by the terms of his or her
5766	contract with the company with which the business is placed.
5767	However, no commission will be paid on that portion of the
5768	premium which is in excess of the standard premium of that
5769	company.
5770	8.  Subject to approval by the department, the association
5771	may establish different eligibility requirements and operational
5772	procedures for any line or type of coverage for any specified
5773	eligible area or portion of an eligible area if the board
5774	determines that such changes to the eligibility requirements and
5775	operational procedures are justified due to the voluntary market
5776	being sufficiently stable and competitive in such area or for
5777	such line or type of coverage and that consumers who, in good
5778	faith, are unable to obtain insurance through the voluntary
5779	market through ordinary methods would continue to have access to
5780	coverage from the association. When coverage is sought in
5781	connection with a real property transfer, such requirements and
5782	procedures shall not provide for an effective date of coverage
5783	later than the date of the closing of the transfer as
5784	established by the transferor, the transferee, and, if
5785	applicable, the lender.
5786	9.  Notwithstanding any other provision of law:
5787	a.  The pledge or sale of, the lien upon, and the security
5788	interest in any rights, revenues, or other assets of the
5789	association created or purported to be created pursuant to any
5790	financing documents to secure any bonds or other indebtedness of
5791	the association shall be and remain valid and enforceable,
5792	notwithstanding the commencement of and during the continuation
5793	of, and after, any rehabilitation, insolvency, liquidation,
5794	bankruptcy, receivership, conservatorship, reorganization, or
5795	similar proceeding against the association under the laws of
5796	this state or any other applicable laws.
5797	b.  No such proceeding shall relieve the association of its
5798	obligation, or otherwise affect its ability to perform its
5799	obligation, to continue to collect, or levy and collect,
5800	assessments, market equalization or other surcharges, projected
5801	recoveries from the Florida Hurricane Catastrophe Fund,
5802	reinsurance recoverables, or any other rights, revenues, or
5803	other assets of the association pledged.
5804	c.  Each such pledge or sale of, lien upon, and security
5805	interest in, including the priority of such pledge, lien, or
5806	security interest, any such assessments, emergency assessments,
5807	market equalization or renewal surcharges, projected recoveries
5808	from the Florida Hurricane Catastrophe Fund, reinsurance
5809	recoverables, or other rights, revenues, or other assets which
5810	are collected, or levied and collected, after the commencement
5811	of and during the pendency of or after any such proceeding shall
5812	continue unaffected by such proceeding.
5813	d.  As used in this subsection, the term "financing
5814	documents" means any agreement, instrument, or other document
5815	now existing or hereafter created evidencing any bonds or other
5816	indebtedness of the association or pursuant to which any such
5817	bonds or other indebtedness has been or may be issued and
5818	pursuant to which any rights, revenues, or other assets of the
5819	association are pledged or sold to secure the repayment of such
5820	bonds or indebtedness, together with the payment of interest on
5821	such bonds or such indebtedness, or the payment of any other
5822	obligation of the association related to such bonds or
5823	indebtedness.
5824	e.  Any such pledge or sale of assessments, revenues,
5825	contract rights or other rights or assets of the association
5826	shall constitute a lien and security interest, or sale, as the
5827	case may be, that is immediately effective and attaches to such
5828	assessments, revenues, contract, or other rights or assets,
5829	whether or not imposed or collected at the time the pledge or
5830	sale is made. Any such pledge or sale is effective, valid,
5831	binding, and enforceable against the association or other entity
5832	making such pledge or sale, and valid and binding against and
5833	superior to any competing claims or obligations owed to any
5834	other person or entity, including policyholders in this state,
5835	asserting rights in any such assessments, revenues, contract, or
5836	other rights or assets to the extent set forth in and in
5837	accordance with the terms of the pledge or sale contained in the
5838	applicable financing documents, whether or not any such person
5839	or entity has notice of such pledge or sale and without the need
5840	for any physical delivery, recordation, filing, or other action.
5841	f.  There shall be no liability on the part of, and no
5842	cause of action of any nature shall arise against, any member
5843	insurer or its agents or employees, agents or employees of the
5844	association, members of the board of directors of the
5845	association, or the department or its representatives, for any
5846	action taken by them in the performance of their duties or
5847	responsibilities under this subsection. Such immunity does not
5848	apply to actions for breach of any contract or agreement
5849	pertaining to insurance, or any willful tort.
5850	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
5851	(c)  The plan of operation of the corporation:
5852	1.  Must provide for adoption of residential property and
5853	casualty insurance policy forms and commercial residential and
5854	nonresidential property insurance forms, which forms must be
5855	approved by the office prior to use. The corporation shall adopt
5856	the following policy forms:
5857	a.  Standard personal lines policy forms that are
5858	comprehensive multiperil policies providing full coverage of a
5859	residential property equivalent to the coverage provided in the
5860	private insurance market under an HO-3, HO-4, or HO-6 policy.
5861	b.  Basic personal lines policy forms that are policies
5862	similar to an HO-8 policy or a dwelling fire policy that provide
5863	coverage meeting the requirements of the secondary mortgage
5864	market, but which coverage is more limited than the coverage
5865	under a standard policy.
5866	c.  Commercial lines residential and nonresidential policy
5867	forms that are generally similar to the basic perils of full
5868	coverage obtainable for commercial residential structures and
5869	commercial nonresidential structures in the admitted voluntary
5870	market.
5871	d.  Personal lines and commercial lines residential
5872	property insurance forms that cover the peril of wind only. The
5873	forms are applicable only to residential properties located in
5874	areas eligible for coverage under the high-risk account referred
5875	to in sub-subparagraph (b)2.a.
5876	e.  Commercial lines nonresidential property insurance
5877	forms that cover the peril of wind only. The forms are
5878	applicable only to nonresidential properties located in areas
5879	eligible for coverage under the high-risk account referred to in
5880	sub-subparagraph (b)2.a.
5881	f.  The corporation may adopt variations of the policy
5882	forms listed in sub-subparagraphs a.-e. that contain more
5883	restrictive coverage.
5884	2.a.  Must provide that the corporation adopt a program in
5885	which the corporation and authorized insurers enter into quota
5886	share primary insurance agreements for hurricane coverage, as
5887	defined in s. 627.4025(2)(a), for eligible risks, and adopt
5888	property insurance forms for eligible risks which cover the
5889	peril of wind only. As used in this subsection, the term:
5890	(I)  "Quota share primary insurance" means an arrangement
5891	in which the primary hurricane coverage of an eligible risk is
5892	provided in specified percentages by the corporation and an
5893	authorized insurer. The corporation and authorized insurer are
5894	each solely responsible for a specified percentage of hurricane
5895	coverage of an eligible risk as set forth in a quota share
5896	primary insurance agreement between the corporation and an
5897	authorized insurer and the insurance contract. The
5898	responsibility of the corporation or authorized insurer to pay
5899	its specified percentage of hurricane losses of an eligible
5900	risk, as set forth in the quota share primary insurance
5901	agreement, may not be altered by the inability of the other
5902	party to the agreement to pay its specified percentage of
5903	hurricane losses. Eligible risks that are provided hurricane
5904	coverage through a quota share primary insurance arrangement
5905	must be provided policy forms that set forth the obligations of
5906	the corporation and authorized insurer under the arrangement,
5907	clearly specify the percentages of quota share primary insurance
5908	provided by the corporation and authorized insurer, and
5909	conspicuously and clearly state that neither the authorized
5910	insurer nor the corporation may be held responsible beyond its
5911	specified percentage of coverage of hurricane losses.
5912	(II)  "Eligible risks" means personal lines residential and
5913	commercial lines residential risks that meet the underwriting
5914	criteria of the corporation and are located in areas that were
5915	eligible for coverage by the Florida Windstorm Underwriting
5916	Association on January 1, 2002.
5917	b.  The corporation may enter into quota share primary
5918	insurance agreements with authorized insurers at corporation
5919	coverage levels of 90 percent and 50 percent.
5920	c.  If the corporation determines that additional coverage
5921	levels are necessary to maximize participation in quota share
5922	primary insurance agreements by authorized insurers, the
5923	corporation may establish additional coverage levels. However,
5924	the corporation's quota share primary insurance coverage level
5925	may not exceed 90 percent.
5926	d.  Any quota share primary insurance agreement entered
5927	into between an authorized insurer and the corporation must
5928	provide for a uniform specified percentage of coverage of
5929	hurricane losses, by county or territory as set forth by the
5930	corporation board, for all eligible risks of the authorized
5931	insurer covered under the quota share primary insurance
5932	agreement.
5933	e.  Any quota share primary insurance agreement entered
5934	into between an authorized insurer and the corporation is
5935	subject to review and approval by the office. However, such
5936	agreement shall be authorized only as to insurance contracts
5937	entered into between an authorized insurer and an insured who is
5938	already insured by the corporation for wind coverage.
5939	f.  For all eligible risks covered under quota share
5940	primary insurance agreements, the exposure and coverage levels
5941	for both the corporation and authorized insurers shall be
5942	reported by the corporation to the Florida Hurricane Catastrophe
5943	Fund. For all policies of eligible risks covered under quota
5944	share primary insurance agreements, the corporation and the
5945	authorized insurer shall maintain complete and accurate records
5946	for the purpose of exposure and loss reimbursement audits as
5947	required by Florida Hurricane Catastrophe Fund rules. The
5948	corporation and the authorized insurer shall each maintain
5949	duplicate copies of policy declaration pages and supporting
5950	claims documents.
5951	g.  The corporation board shall establish in its plan of
5952	operation standards for quota share agreements which ensure that
5953	there is no discriminatory application among insurers as to the
5954	terms of quota share agreements, pricing of quota share
5955	agreements, incentive provisions if any, and consideration paid
5956	for servicing policies or adjusting claims.
5957	h.  The quota share primary insurance agreement between the
5958	corporation and an authorized insurer must set forth the
5959	specific terms under which coverage is provided, including, but
5960	not limited to, the sale and servicing of policies issued under
5961	the agreement by the insurance agent of the authorized insurer
5962	producing the business, the reporting of information concerning
5963	eligible risks, the payment of premium to the corporation, and
5964	arrangements for the adjustment and payment of hurricane claims
5965	incurred on eligible risks by the claims adjuster and personnel
5966	of the authorized insurer. Entering into a quota sharing
5967	insurance agreement between the corporation and an authorized
5968	insurer shall be voluntary and at the discretion of the
5969	authorized insurer.
5970	3.  May provide that the corporation may employ or
5971	otherwise contract with individuals or other entities to provide
5972	administrative or professional services that may be appropriate
5973	to effectuate the plan. The corporation shall have the power to
5974	borrow funds, by issuing bonds or by incurring other
5975	indebtedness, and shall have other powers reasonably necessary
5976	to effectuate the requirements of this subsection, including,
5977	without limitation, the power to issue bonds and incur other
5978	indebtedness in order to refinance outstanding bonds or other
5979	indebtedness. The corporation may, but is not required to, seek
5980	judicial validation of its bonds or other indebtedness under
5981	chapter 75. The corporation may issue bonds or incur other
5982	indebtedness, or have bonds issued on its behalf by a unit of
5983	local government pursuant to subparagraph (p)2., in the absence
5984	of a hurricane or other weather-related event, upon a
5985	determination by the corporation, subject to approval by the
5986	office, that such action would enable it to efficiently meet the
5987	financial obligations of the corporation and that such
5988	financings are reasonably necessary to effectuate the
5989	requirements of this subsection. The corporation is authorized
5990	to take all actions needed to facilitate tax-free status for any
5991	such bonds or indebtedness, including formation of trusts or
5992	other affiliated entities. The corporation shall have the
5993	authority to pledge assessments, projected recoveries from the
5994	Florida Hurricane Catastrophe Fund, other reinsurance
5995	recoverables, market equalization and other surcharges, and
5996	other funds available to the corporation as security for bonds
5997	or other indebtedness. In recognition of s. 10, Art. I of the
5998	State Constitution, prohibiting the impairment of obligations of
5999	contracts, it is the intent of the Legislature that no action be
6000	taken whose purpose is to impair any bond indenture or financing
6001	agreement or any revenue source committed by contract to such
6002	bond or other indebtedness.
6003	4.a.  Must require that the corporation operate subject to
6004	the supervision and approval of a board of governors consisting
6005	of eight individuals who are residents of this state, from
6006	different geographical areas of this state. The Governor, the
6007	Chief Financial Officer, the President of the Senate, and the
6008	Speaker of the House of Representatives shall each appoint two
6009	members of the board. At least one of the two members appointed
6010	by each appointing officer must have demonstrated expertise in
6011	insurance. The Chief Financial Officer shall designate one of
6012	the appointees as chair. All board members serve at the pleasure
6013	of the appointing officer. All members of the board of governors
6014	are subject to removal at will by the officers who appointed
6015	them. All board members, including the chair, must be appointed
6016	to serve for 3-year terms beginning annually on a date
6017	designated by the plan. Any board vacancy shall be filled for
6018	the unexpired term by the appointing officer. The Chief
6019	Financial Officer shall appoint a technical advisory group to
6020	provide information and advice to the board of governors in
6021	connection with the board's duties under this subsection. The
6022	executive director and senior managers of the corporation shall
6023	be engaged by the board and serve at the pleasure of the board.
6024	Any executive director appointed on or after July 1, 2006, is
6025	subject to confirmation by the Senate. The executive director is
6026	responsible for employing other staff as the corporation may
6027	require, subject to review and concurrence by the board.
6028	b.  The board shall create a Market Accountability Advisory
6029	Committee to assist the corporation in developing awareness of
6030	its rates and its customer and agent service levels in
6031	relationship to the voluntary market insurers writing similar
6032	coverage. The members of the advisory committee shall consist of
6033	the following 11 persons, one of whom must be elected chair by
6034	the members of the committee: four representatives, one
6035	appointed by the Florida Association of Insurance Agents, one by
6036	the Florida Association of Insurance and Financial Advisors, one
6037	by the Professional Insurance Agents of Florida, and one by the
6038	Latin American Association of Insurance Agencies; three
6039	representatives appointed by the insurers with the three highest
6040	voluntary market share of residential property insurance
6041	business in the state; one representative from the Office of
6042	Insurance Regulation; one consumer appointed by the board who is
6043	insured by the corporation at the time of appointment to the
6044	committee; one representative appointed by the Florida
6045	Association of Realtors; and one representative appointed by the
6046	Florida Bankers Association. All members must serve for 3-year
6047	terms and may serve for consecutive terms. The committee shall
6048	report to the corporation at each board meeting on insurance
6049	market issues which may include rates and rate competition with
6050	the voluntary market; service, including policy issuance, claims
6051	processing, and general responsiveness to policyholders,
6052	applicants, and agents; and matters relating to depopulation.
6053	5.  Must provide a procedure for determining the
6054	eligibility of a risk for coverage, as follows:
6055	a.  Subject to the provisions of s. 627.3517, with respect
6056	to personal lines residential risks, if the risk is offered
6057	coverage from an authorized insurer at the insurer's approved
6058	rate under either a standard policy including wind coverage or,
6059	if consistent with the insurer's underwriting rules as filed
6060	with the office, a basic policy including wind coverage, for a
6061	new application to the corporation for coverage, the risk is not
6062	eligible for any policy issued by the corporation unless the
6063	premium for coverage from the authorized insurer is more than 15
6064	percent greater than the premium for comparable coverage from
6065	the corporation. If the risk is not able to obtain any such
6066	offer, the risk is eligible for either a standard policy
6067	including wind coverage or a basic policy including wind
6068	coverage issued by the corporation; however, if the risk could
6069	not be insured under a standard policy including wind coverage
6070	regardless of market conditions, the risk shall be eligible for
6071	a basic policy including wind coverage unless rejected under
6072	subparagraph 8. 9. However, with regard to a policyholder of the
6073	corporation or a policyholder removed from the corporation
6074	through an assumption agreement until the end of the assumption
6075	period, the policyholder remains eligible for coverage from the
6076	corporation regardless of any offer of coverage from an
6077	authorized insurer or surplus lines insurer. The corporation
6078	shall determine the type of policy to be provided on the basis
6079	of objective standards specified in the underwriting manual and
6080	based on generally accepted underwriting practices.
6081	(I)  If the risk accepts an offer of coverage through the
6082	market assistance plan or an offer of coverage through a
6083	mechanism established by the corporation before a policy is
6084	issued to the risk by the corporation or during the first 30
6085	days of coverage by the corporation, and the producing agent who
6086	submitted the application to the plan or to the corporation is
6087	not currently appointed by the insurer, the insurer shall:
6088	(A)  Pay to the producing agent of record of the policy,
6089	for the first year, an amount that is the greater of the
6090	insurer's usual and customary commission for the type of policy
6091	written or a fee equal to the usual and customary commission of
6092	the corporation; or
6093	(B)  Offer to allow the producing agent of record of the
6094	policy to continue servicing the policy for a period of not less
6095	than 1 year and offer to pay the agent the greater of the
6096	insurer's or the corporation's usual and customary commission
6097	for the type of policy written.
6098
6099	If the producing agent is unwilling or unable to accept
6100	appointment, the new insurer shall pay the agent in accordance
6101	with sub-sub-sub-subparagraph (A).
6102	(II)  When the corporation enters into a contractual
6103	agreement for a take-out plan, the producing agent of record of
6104	the corporation policy is entitled to retain any unearned
6105	commission on the policy, and the insurer shall:
6106	(A)  Pay to the producing agent of record of the
6107	corporation policy, for the first year, an amount that is the
6108	greater of the insurer's usual and customary commission for the
6109	type of policy written or a fee equal to the usual and customary
6110	commission of the corporation; or
6111	(B)  Offer to allow the producing agent of record of the
6112	corporation policy to continue servicing the policy for a period
6113	of not less than 1 year and offer to pay the agent the greater
6114	of the insurer's or the corporation's usual and customary
6115	commission for the type of policy written.
6116
6117	If the producing agent is unwilling or unable to accept
6118	appointment, the new insurer shall pay the agent in accordance
6119	with sub-sub-sub-subparagraph (A).
6120	b.  With respect to commercial lines residential risks, for
6121	a new application to the corporation for coverage, if the risk
6122	is offered coverage under a policy including wind coverage from
6123	an authorized insurer at its approved rate, the risk is not
6124	eligible for any policy issued by the corporation unless the
6125	premium for coverage from the authorized insurer is more than 15
6126	percent greater than the premium for comparable coverage from
6127	the corporation. If the risk is not able to obtain any such
6128	offer, the risk is eligible for a policy including wind coverage
6129	issued by the corporation. However, with regard to a
6130	policyholder of the corporation or a policyholder removed from
6131	the corporation through an assumption agreement until the end of
6132	the assumption period, the policyholder remains eligible for
6133	coverage from the corporation regardless of any offer of
6134	coverage from an authorized insurer or surplus lines insurer.
6135	(I)  If the risk accepts an offer of coverage through the
6136	market assistance plan or an offer of coverage through a
6137	mechanism established by the corporation before a policy is
6138	issued to the risk by the corporation or during the first 30
6139	days of coverage by the corporation, and the producing agent who
6140	submitted the application to the plan or the corporation is not
6141	currently appointed by the insurer, the insurer shall:
6142	(A)  Pay to the producing agent of record of the policy,
6143	for the first year, an amount that is the greater of the
6144	insurer's usual and customary commission for the type of policy
6145	written or a fee equal to the usual and customary commission of
6146	the corporation; or
6147	(B)  Offer to allow the producing agent of record of the
6148	policy to continue servicing the policy for a period of not less
6149	than 1 year and offer to pay the agent the greater of the
6150	insurer's or the corporation's usual and customary commission
6151	for the type of policy written.
6152
6153	If the producing agent is unwilling or unable to accept
6154	appointment, the new insurer shall pay the agent in accordance
6155	with sub-sub-sub-subparagraph (A).
6156	(II)  When the corporation enters into a contractual
6157	agreement for a take-out plan, the producing agent of record of
6158	the corporation policy is entitled to retain any unearned
6159	commission on the policy, and the insurer shall:
6160	(A)  Pay to the producing agent of record of the
6161	corporation policy, for the first year, an amount that is the
6162	greater of the insurer's usual and customary commission for the
6163	type of policy written or a fee equal to the usual and customary
6164	commission of the corporation; or
6165	(B)  Offer to allow the producing agent of record of the
6166	corporation policy to continue servicing the policy for a period
6167	of not less than 1 year and offer to pay the agent the greater
6168	of the insurer's or the corporation's usual and customary
6169	commission for the type of policy written.
6170
6171	If the producing agent is unwilling or unable to accept
6172	appointment, the new insurer shall pay the agent in accordance
6173	with sub-sub-sub-subparagraph (A).
6174	c.  For purposes of determining comparable coverage under
6175	sub-subparagraphs a. and b., the comparison shall be based on
6176	those forms and coverages that are reasonably comparable. The
6177	corporation may rely on a determination of comparable coverage
6178	and premium made by the producing agent who submits the
6179	application to the corporation, made in the agent's capacity as
6180	the corporation's agent. A comparison may be made solely of the
6181	premium with respect to the main building or structure only on
6182	the following basis: the same coverage A or other building
6183	limits; the same percentage hurricane deductible that applies on
6184	an annual basis or that applies to each hurricane for commercial
6185	residential property; the same percentage of ordinance and law
6186	coverage, if the same limit is offered by both the corporation
6187	and the authorized insurer; the same mitigation credits, to the
6188	extent the same types of credits are offered both by the
6189	corporation and the authorized insurer; the same method for loss
6190	payment, such as replacement cost or actual cash value, if the
6191	same method is offered both by the corporation and the
6192	authorized insurer in accordance with underwriting rules; and
6193	any other form or coverage that is reasonably comparable as
6194	determined by the board. If an application is submitted to the
6195	corporation for wind-only coverage in the high-risk account, the
6196	premium for the corporation's wind-only policy plus the premium
6197	for the ex-wind policy that is offered by an authorized insurer
6198	to the applicant shall be compared to the premium for multiperil
6199	coverage offered by an authorized insurer, subject to the
6200	standards for comparison specified in this subparagraph. If the
6201	corporation or the applicant requests from the authorized
6202	insurer a breakdown of the premium of the offer by types of
6203	coverage so that a comparison may be made by the corporation or
6204	its agent and the authorized insurer refuses or is unable to
6205	provide such information, the corporation may treat the offer as
6206	not being an offer of coverage from an authorized insurer at the
6207	insurer's approved rate.
6208	6.  Must include rules for classifications of risks and
6209	rates therefor.
6210	7.  Must provide that if premium and investment income for
6211	an account attributable to a particular calendar year are in
6212	excess of projected losses and expenses for the account
6213	attributable to that year, such excess shall be held in surplus
6214	in the account. Such surplus shall be available to defray
6215	deficits in that account as to future years and shall be used
6216	for that purpose prior to assessing assessable insurers and
6217	assessable insureds as to any calendar year.
6218	8.  Must provide objective criteria and procedures to be
6219	uniformly applied for all applicants in determining whether an
6220	individual risk is so hazardous as to be uninsurable. In making
6221	this determination and in establishing the criteria and
6222	procedures, the following shall be considered:
6223	a.  Whether the likelihood of a loss for the individual
6224	risk is substantially higher than for other risks of the same
6225	class; and
6226	b.  Whether the uncertainty associated with the individual
6227	risk is such that an appropriate premium cannot be determined.
6228
6229	The acceptance or rejection of a risk by the corporation shall
6230	be construed as the private placement of insurance, and the
6231	provisions of chapter 120 shall not apply.
6232	9.  Must provide that the corporation shall make its best
6233	efforts to procure catastrophe reinsurance at reasonable rates,
6234	to cover its projected 100-year probable maximum loss as
6235	determined by the board of governors.
6236	10.  Must provide that in the event of regular deficit
6237	assessments under sub-subparagraph (b)3.a. or sub-subparagraph
6238	(b)3.b., in the personal lines account, the commercial lines
6239	residential account, or the high-risk account, the corporation
6240	shall levy upon corporation policyholders in its next rate
6241	filing, or by a separate rate filing solely for this purpose, a
6242	Citizens policyholder surcharge arising from a regular
6243	assessment in such account in a percentage equal to the total
6244	amount of such regular assessments divided by the aggregate
6245	statewide direct written premium for subject lines of business
6246	for the prior calendar year. For purposes of calculating the
6247	Citizens policyholder surcharge to be levied under this
6248	subparagraph, the total amount of the regular assessment to
6249	which this surcharge is related shall be determined as set forth
6250	in subparagraph (b)3., without deducting the estimated Citizens
6251	policyholder surcharge. Citizens policyholder surcharges under
6252	this subparagraph are not considered premium and are not subject
6253	to commissions, fees, or premium taxes; however, failure to pay
6254	a market equalization surcharge shall be treated as failure to
6255	pay premium.
6256	11.  The policies issued by the corporation must provide
6257	that, if the corporation or the market assistance plan obtains
6258	an offer from an authorized insurer to cover the risk at its
6259	approved rates, the risk is no longer eligible for renewal
6260	through the corporation, except as otherwise provided in this
6261	subsection.
6262	12.  Corporation policies and applications must include a
6263	notice that the corporation policy could, under this section, be
6264	replaced with a policy issued by an authorized insurer that does
6265	not provide coverage identical to the coverage provided by the
6266	corporation. The notice shall also specify that acceptance of
6267	corporation coverage creates a conclusive presumption that the
6268	applicant or policyholder is aware of this potential.
6269	13.  May establish, subject to approval by the office,
6270	different eligibility requirements and operational procedures
6271	for any line or type of coverage for any specified county or
6272	area if the board determines that such changes to the
6273	eligibility requirements and operational procedures are
6274	justified due to the voluntary market being sufficiently stable
6275	and competitive in such area or for such line or type of
6276	coverage and that consumers who, in good faith, are unable to
6277	obtain insurance through the voluntary market through ordinary
6278	methods would continue to have access to coverage from the
6279	corporation. When coverage is sought in connection with a real
6280	property transfer, such requirements and procedures shall not
6281	provide for an effective date of coverage later than the date of
6282	the closing of the transfer as established by the transferor,
6283	the transferee, and, if applicable, the lender.
6284	14.  Must provide that, with respect to the high-risk
6285	account, any assessable insurer with a surplus as to
6286	policyholders of $25 million or less writing 25 percent or more
6287	of its total countrywide property insurance premiums in this
6288	state may petition the office, within the first 90 days of each
6289	calendar year, to qualify as a limited apportionment company. A
6290	regular assessment levied by the corporation on a limited
6291	apportionment company for a deficit incurred by the corporation
6292	for the high-risk account in 2006 or thereafter may be paid to
6293	the corporation on a monthly basis as the assessments are
6294	collected by the limited apportionment company from its insureds
6295	pursuant to s. 627.3512, but the regular assessment must be paid
6296	in full within 12 months after being levied by the corporation.
6297	A limited apportionment company shall collect from its
6298	policyholders any emergency assessment imposed under sub-
6299	subparagraph (b)3.d. The plan shall provide that, if the office
6300	determines that any regular assessment will result in an
6301	impairment of the surplus of a limited apportionment company,
6302	the office may direct that all or part of such assessment be
6303	deferred as provided in subparagraph (p)4. However, there shall
6304	be no limitation or deferment of an emergency assessment to be
6305	collected from policyholders under sub-subparagraph (b)3.d.
6306	15.  Must provide that the corporation appoint as its
6307	licensed agents only those agents who also hold an appointment
6308	as defined in s. 626.015(3) with an insurer who at the time of
6309	the agent's initial appointment by the corporation is authorized
6310	to write and is actually writing personal lines residential
6311	property coverage, commercial residential property coverage, or
6312	commercial nonresidential property coverage within the state.
6313	16.  Must provide, by July 1, 2007, a premium payment plan
6314	option to its policyholders which allows at a minimum for
6315	quarterly and semiannual payment of premiums. A monthly payment
6316	plan may, but is not required to, be offered.
6317	17.  Must limit coverage on mobile homes or manufactured
6318	homes built prior to 1994 to actual cash value of the dwelling
6319	rather than replacement costs of the dwelling.
6320	18.  May provide such limits of coverage as the board
6321	determines, consistent with the requirements of this subsection.
6322	19.  May require commercial property to meet specified
6323	hurricane mitigation construction features as a condition of
6324	eligibility for coverage.
6325	(n)  If coverage in an account is deactivated pursuant to
6326	paragraph (o), coverage through the corporation shall be
6327	reactivated by order of the office only under one of the
6328	following circumstances:
6329	1.  If the market assistance plan receives a minimum of 100
6330	applications for coverage within a 3-month period, or 200
6331	applications for coverage within a 1-year period or less for
6332	residential coverage, unless the market assistance plan provides
6333	a quotation from admitted carriers at their filed rates for at
6334	least 90 percent of such applicants. Any market assistance plan
6335	application that is rejected because an individual risk is so
6336	hazardous as to be uninsurable using the criteria specified in
6337	subparagraph (c)8. (c)9. shall not be included in the minimum
6338	percentage calculation provided herein. In the event that there
6339	is a legal or administrative challenge to a determination by the
6340	office that the conditions of this subparagraph have been met
6341	for eligibility for coverage in the corporation, any eligible
6342	risk may obtain coverage during the pendency of such challenge.
6343	2.  In response to a state of emergency declared by the
6344	Governor under s. 252.36, the office may activate coverage by
6345	order for the period of the emergency upon a finding by the
6346	office that the emergency significantly affects the availability
6347	of residential property insurance.
6348	(v)  Notwithstanding any other provision of law:
6349	1.  The pledge or sale of, the lien upon, and the security
6350	interest in any rights, revenues, or other assets of the
6351	corporation created or purported to be created pursuant to any
6352	financing documents to secure any bonds or other indebtedness of
6353	the corporation shall be and remain valid and enforceable,
6354	notwithstanding the commencement of and during the continuation
6355	of, and after, any rehabilitation, insolvency, liquidation,
6356	bankruptcy, receivership, conservatorship, reorganization, or
6357	similar proceeding against the corporation under the laws of
6358	this state.
6359	2.  No such proceeding shall relieve the corporation of its
6360	obligation, or otherwise affect its ability to perform its
6361	obligation, to continue to collect, or levy and collect,
6362	assessments, market equalization or other surcharges under
6363	subparagraph (c)10. (c)11., or any other rights, revenues, or
6364	other assets of the corporation pledged pursuant to any
6365	financing documents.
6366	3.  Each such pledge or sale of, lien upon, and security
6367	interest in, including the priority of such pledge, lien, or
6368	security interest, any such assessments, market equalization or
6369	other surcharges, or other rights, revenues, or other assets
6370	which are collected, or levied and collected, after the
6371	commencement of and during the pendency of, or after, any such
6372	proceeding shall continue unaffected by such proceeding. As used
6373	in this subsection, the term "financing documents" means any
6374	agreement or agreements, instrument or instruments, or other
6375	document or documents now existing or hereafter created
6376	evidencing any bonds or other indebtedness of the corporation or
6377	pursuant to which any such bonds or other indebtedness has been
6378	or may be issued and pursuant to which any rights, revenues, or
6379	other assets of the corporation are pledged or sold to secure
6380	the repayment of such bonds or indebtedness, together with the
6381	payment of interest on such bonds or such indebtedness, or the
6382	payment of any other obligation or financial product, as defined
6383	in the plan of operation of the corporation related to such
6384	bonds or indebtedness.
6385	4.  Any such pledge or sale of assessments, revenues,
6386	contract rights, or other rights or assets of the corporation
6387	shall constitute a lien and security interest, or sale, as the
6388	case may be, that is immediately effective and attaches to such
6389	assessments, revenues, or contract rights or other rights or
6390	assets, whether or not imposed or collected at the time the
6391	pledge or sale is made. Any such pledge or sale is effective,
6392	valid, binding, and enforceable against the corporation or other
6393	entity making such pledge or sale, and valid and binding against
6394	and superior to any competing claims or obligations owed to any
6395	other person or entity, including policyholders in this state,
6396	asserting rights in any such assessments, revenues, or contract
6397	rights or other rights or assets to the extent set forth in and
6398	in accordance with the terms of the pledge or sale contained in
6399	the applicable financing documents, whether or not any such
6400	person or entity has notice of such pledge or sale and without
6401	the need for any physical delivery, recordation, filing, or
6402	other action.
6403	5.  As long as the corporation has any bonds outstanding,
6404	the corporation may not file a voluntary petition under chapter
6405	9 of the federal Bankruptcy Code or such corresponding chapter
6406	or sections as may be in effect, from time to time, and a public
6407	officer or any organization, entity, or other person may not
6408	authorize the corporation to be or become a debtor under chapter
6409	9 of the federal Bankruptcy Code or such corresponding chapter
6410	or sections as may be in effect, from time to time, during any
6411	such period.
6412	6.  If ordered by a court of competent jurisdiction, the
6413	corporation may assume policies or otherwise provide coverage
6414	for policyholders of an insurer placed in liquidation under
6415	chapter 631, under such forms, rates, terms, and conditions as
6416	the corporation deems appropriate, subject to approval by the
6417	office.
6418	(w)1.  The following records of the corporation are
6419	confidential and exempt from the provisions of s. 119.07(1) and
6420	s. 24(a), Art. I of the State Constitution:
6421	a.  Underwriting files, except that a policyholder or an
6422	applicant shall have access to his or her own underwriting
6423	files.
6424	b.  Claims files, until termination of all litigation and
6425	settlement of all claims arising out of the same incident,
6426	although portions of the claims files may remain exempt, as
6427	otherwise provided by law. Confidential and exempt claims file
6428	records may be released to other governmental agencies upon
6429	written request and demonstration of need; such records held by
6430	the receiving agency remain confidential and exempt as provided
6431	for herein.
6432	c.  Records obtained or generated by an internal auditor
6433	pursuant to a routine audit, until the audit is completed, or if
6434	the audit is conducted as part of an investigation, until the
6435	investigation is closed or ceases to be active. An investigation
6436	is considered "active" while the investigation is being
6437	conducted with a reasonable, good faith belief that it could
6438	lead to the filing of administrative, civil, or criminal
6439	proceedings.
6440	d.  Matters reasonably encompassed in privileged attorney-
6441	client communications.
6442	e.  Proprietary information licensed to the corporation
6443	under contract and the contract provides for the confidentiality
6444	of such proprietary information.
6445	f.  All information relating to the medical condition or
6446	medical status of a corporation employee which is not relevant
6447	to the employee's capacity to perform his or her duties, except
6448	as otherwise provided in this paragraph. Information which is
6449	exempt shall include, but is not limited to, information
6450	relating to workers' compensation, insurance benefits, and
6451	retirement or disability benefits.
6452	g.  Upon an employee's entrance into the employee
6453	assistance program, a program to assist any employee who has a
6454	behavioral or medical disorder, substance abuse problem, or
6455	emotional difficulty which affects the employee's job
6456	performance, all records relative to that participation shall be
6457	confidential and exempt from the provisions of s. 119.07(1) and
6458	s. 24(a), Art. I of the State Constitution, except as otherwise
6459	provided in s. 112.0455(11).
6460	h.  Information relating to negotiations for financing,
6461	reinsurance, depopulation, or contractual services, until the
6462	conclusion of the negotiations.
6463	i.  Minutes of closed meetings regarding underwriting
6464	files, and minutes of closed meetings regarding an open claims
6465	file until termination of all litigation and settlement of all
6466	claims with regard to that claim, except that information
6467	otherwise confidential or exempt by law will be redacted.
6468
6469	When an authorized insurer is considering underwriting a risk
6470	insured by the corporation, relevant underwriting files and
6471	confidential claims files may be released to the insurer
6472	provided the insurer agrees in writing, notarized and under
6473	oath, to maintain the confidentiality of such files. When a file
6474	is transferred to an insurer that file is no longer a public
6475	record because it is not held by an agency subject to the
6476	provisions of the public records law. Underwriting files and
6477	confidential claims files may also be released to staff of and
6478	the board of governors of the market assistance plan established
6479	pursuant to s. 627.3515, who must retain the confidentiality of
6480	such files, except such files may be released to authorized
6481	insurers that are considering assuming the risks to which the
6482	files apply, provided the insurer agrees in writing, notarized
6483	and under oath, to maintain the confidentiality of such files.
6484	Finally, the corporation or the board or staff of the market
6485	assistance plan may make the following information obtained from
6486	underwriting files and confidential claims files available to
6487	licensed general lines insurance agents: name, address, and
6488	telephone number of the residential property owner or insured;
6489	location of the risk; rating information; loss history; and
6490	policy type. The receiving licensed general lines insurance
6491	agent must retain the confidentiality of the information
6492	received.
6493	2.  Portions of meetings of the corporation are exempt from
6494	the provisions of s. 286.011 and s. 24(b), Art. I of the State
6495	Constitution wherein confidential underwriting files or
6496	confidential open claims files are discussed. All portions of
6497	corporation meetings which are closed to the public shall be
6498	recorded by a court reporter. The court reporter shall record
6499	the times of commencement and termination of the meeting, all
6500	discussion and proceedings, the names of all persons present at
6501	any time, and the names of all persons speaking. No portion of
6502	any closed meeting shall be off the record. Subject to the
6503	provisions hereof and s. 119.07(1)(d)-(f) 119.07(1)(e)-(g), the
6504	court reporter's notes of any closed meeting shall be retained
6505	by the corporation for a minimum of 5 years. A copy of the
6506	transcript, less any exempt matters, of any closed meeting
6507	wherein claims are discussed shall become public as to
6508	individual claims after settlement of the claim.
6509	Reviser's note.--Paragraph (2)(b) is amended to conform to
6510	the redesignation of Dade County as Miami-Dade County by s.
6511	1-4.2 of the Miami-Dade County Code. Paragraphs (6)(c) and
6512	(6)(n) are amended to conform to the redesignation of
6513	subparagraph (c)8. as subparagraph (c)9. by s. 15, ch.
6514	2006-12, Laws of Florida, and further redesignation as
6515	subparagraph (c)8. by s. 11, ch. 2007-90, Laws of Florida.
6516	Paragraph (6)(v) is amended to conform to the redesignation
6517	of subparagraph (c)10. as subparagraph (c)11. by s. 15, ch.
6518	2006-12, and further redesignation as subparagraph (c)10.
6519	by s. 11, ch. 2007-90. Paragraph (6)(w) is amended to
6520	conform to the redesignation of s. 119.07(1)(b)-(d) as s.
6521	119.07(1)(d)-(f) by s. 1, ch. 2007-39, Laws of Florida, and
6522	to correct the reference by s. 4, ch. 2007-39.
6523	Section 149.  Paragraph (a) of subsection (3) and paragraph
6524	(b) of subsection (6) of section 627.3511, Florida Statutes, are
6525	amended to read:
6526	627.3511  Depopulation of Citizens Property Insurance
6527	Corporation.--
6528	(3)  EXEMPTION FROM DEFICIT ASSESSMENTS.--
6529	(a)  The calculation of an insurer's assessment liability
6530	under s. 627.351(6)(b)3.a. or b. shall, for an insurer that in
6531	any calendar year removes 50,000 or more risks from the Citizens
6532	Property Insurance Corporation, either by issuance of a policy
6533	upon expiration or cancellation of the corporation policy or by
6534	assumption of the corporation's obligations with respect to in-
6535	force policies, exclude such removed policies for the succeeding
6536	3 years, as follows:
6537	1.  In the first year following removal of the risks, the
6538	risks are excluded from the calculation to the extent of 100
6539	percent.
6540	2.  In the second year following removal of the risks, the
6541	risks are excluded from the calculation to the extent of 75
6542	percent.
6543	3.  In the third year following removal of the risks, the
6544	risks are excluded from the calculation to the extent of 50
6545	percent.
6546
6547	If the removal of risks is accomplished through assumption of
6548	obligations with respect to in-force policies, the corporation
6549	shall pay to the assuming insurer all unearned premium with
6550	respect to such policies less any policy acquisition costs
6551	agreed to by the corporation and assuming insurer. The term
6552	"policy acquisition costs" is defined as costs of issuance of
6553	the policy by the corporation which includes agent commissions,
6554	servicing company fees, and premium tax. This paragraph does not
6555	apply to an insurer that, at any time within 5 years before
6556	removing the risks, had a market share in excess of 0.1 percent
6557	of the statewide aggregate gross direct written premium for any
6558	line of property insurance, or to an affiliate of such an
6559	insurer. This paragraph does not apply unless either at least 40
6560	percent of the risks removed from the corporation are located in
6561	Miami-Dade Dade, Broward, and Palm Beach Counties, or at least
6562	30 percent of the risks removed from the corporation are located
6563	in such counties and an additional 50 percent of the risks
6564	removed from the corporation are located in other coastal
6565	counties.
6566	(6)  COMMERCIAL RESIDENTIAL TAKE-OUT PLANS.--
6567	(b)  In order for a plan to qualify for approval:
6568	1.  At least 40 percent of the policies removed from the
6569	corporation under the plan must be located in Miami-Dade Dade,
6570	Broward, and Palm Beach Counties, or at least 30 percent of the
6571	policies removed from the corporation under the plan must be
6572	located in such counties and an additional 50 percent of the
6573	policies removed from the corporation must be located in other
6574	coastal counties.
6575	2.  The insurer must renew the replacement policy at
6576	approved rates on substantially similar terms for two additional
6577	1-year terms, unless canceled or nonrenewed by the insurer for a
6578	lawful reason other than reduction of hurricane exposure. If an
6579	insurer assumes the corporation's obligations for a policy, it
6580	must issue a replacement policy for a 1-year term upon
6581	expiration of the corporation policy and must renew the
6582	replacement policy at approved rates on substantially similar
6583	terms for two additional 1-year terms, unless canceled by the
6584	insurer for a lawful reason other than reduction of hurricane
6585	exposure. For each replacement policy canceled or nonrenewed by
6586	the insurer for any reason during the 3-year coverage period
6587	required by this subparagraph, the insurer must remove from the
6588	corporation one additional policy covering a risk similar to the
6589	risk covered by the canceled or nonrenewed policy.
6590	Reviser's note.--Amended to conform to the redesignation of
6591	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
6592	Dade County Code.
6593	Section 150.  Paragraph (b) of subsection (2) of section
6594	627.4133, Florida Statutes, is amended to read:
6595	627.4133  Notice of cancellation, nonrenewal, or renewal
6596	premium.--
6597	(2)  With respect to any personal lines or commercial
6598	residential property insurance policy, including, but not
6599	limited to, any homeowner's, mobile home owner's, farmowner's,
6600	condominium association, condominium unit owner's, apartment
6601	building, or other policy covering a residential structure or
6602	its contents:
6603	(b)  The insurer shall give the named insured written
6604	notice of nonrenewal, cancellation, or termination at least 100
6605	days prior to the effective date of the nonrenewal,
6606	cancellation, or termination. However, the insurer shall give at
6607	least 100 days' written notice, or written notice by June 1,
6608	whichever is earlier, for any nonrenewal, cancellation, or
6609	termination that would be effective between June 1 and November
6610	30. The notice must include the reason or reasons for the
6611	nonrenewal, cancellation, or termination, except that:
6612	1.  When cancellation is for nonpayment of premium, at
6613	least 10 days' written notice of cancellation accompanied by the
6614	reason therefor shall be given. As used in this subparagraph,
6615	the term "nonpayment of premium" means failure of the named
6616	insured to discharge when due any of her or his obligations in
6617	connection with the payment of premiums on a policy or any
6618	installment of such premium, whether the premium is payable
6619	directly to the insurer or its agent or indirectly under any
6620	premium finance plan or extension of credit, or failure to
6621	maintain membership in an organization if such membership is a
6622	condition precedent to insurance coverage. "Nonpayment of
6623	premium" also means the failure of a financial institution to
6624	honor an insurance applicant's check after delivery to a
6625	licensed agent for payment of a premium, even if the agent has
6626	previously delivered or transferred the premium to the insurer.
6627	If a dishonored check represents the initial premium payment,
6628	the contract and all contractual obligations shall be void ab
6629	initio unless the nonpayment is cured within the earlier of 5
6630	days after actual notice by certified mail is received by the
6631	applicant or 15 days after notice is sent to the applicant by
6632	certified mail or registered mail, and if the contract is void,
6633	any premium received by the insurer from a third party shall be
6634	refunded to that party in full.
6635	2.  When such cancellation or termination occurs during the
6636	first 90 days during which the insurance is in force and the
6637	insurance is canceled or terminated for reasons other than
6638	nonpayment of premium, at least 20 days' written notice of
6639	cancellation or termination accompanied by the reason therefor
6640	shall be given except where there has been a material
6641	misstatement or misrepresentation or failure to comply with the
6642	underwriting requirements established by the insurer.
6643	3.  The requirement for providing written notice of
6644	nonrenewal by June 1 of any nonrenewal that would be effective
6645	between June 1 and November 30 does not apply to the following
6646	situations, but the insurer remains subject to the requirement
6647	to provide such notice at least 100 days prior to the effective
6648	date of nonrenewal:
6649	a.  A policy that is nonrenewed due to a revision in the
6650	coverage for sinkhole losses and catastrophic ground cover
6651	collapse pursuant to s. 627.706 627.730, as amended by s. 30,
6652	chapter 2007-1, Laws of Florida.
6653	b.  A policy that is nonrenewed by Citizens Property
6654	Insurance Corporation, pursuant to s. 627.351(6), for a policy
6655	that has been assumed by an authorized insurer offering
6656	replacement or renewal coverage to the policyholder.
6657
6658	After the policy has been in effect for 90 days, the policy
6659	shall not be canceled by the insurer except when there has been
6660	a material misstatement, a nonpayment of premium, a failure to
6661	comply with underwriting requirements established by the insurer
6662	within 90 days of the date of effectuation of coverage, or a
6663	substantial change in the risk covered by the policy or when the
6664	cancellation is for all insureds under such policies for a given
6665	class of insureds. This paragraph does not apply to individually
6666	rated risks having a policy term of less than 90 days.
6667	Reviser's note.--Amended to correct a reference and conform
6668	to context. Section 627.730 is the short title of the
6669	Florida Motor Vehicle No-Fault Law; s. 627.706 relates to
6670	coverage for sinkhole losses and catastrophic ground cover
6671	collapse.
6672	Section 151.  Paragraph (a) of subsection (3) and paragraph
6673	(c) of subsection (6) of section 627.701, Florida Statutes, are
6674	amended to read:
6675	627.701  Liability of insureds; coinsurance; deductibles.--
6676	(3)(a)  Except as otherwise provided in this subsection,
6677	prior to issuing a personal lines residential property insurance
6678	policy, the insurer must offer alternative deductible amounts
6679	applicable to hurricane losses equal to $500, 2 percent, 5
6680	percent, and 10 percent of the policy dwelling limits, unless
6681	the specific percentage deductible is less than $500. The
6682	written notice of the offer shall specify the hurricane
6683	deductible to be applied in the event that the applicant or
6684	policyholder fails to affirmatively choose a hurricane
6685	deductible. The insurer must provide such policyholder with
6686	notice of the availability of the deductible amounts specified
6687	in this subsection paragraph in a form approved by the office in
6688	conjunction with each renewal of the policy. The failure to
6689	provide such notice constitutes a violation of this code but
6690	does not affect the coverage provided under the policy.
6691	(6)
6692	(c)  A secured hurricane deductible must include the
6693	substance of the following:
6694	1.  The first $500 of any claim, regardless of the peril
6695	causing the loss, is fully deductible.
6696	2.  With respect to hurricane losses only, the next $5,000
6697	in losses are fully insured, subject only to a copayment
6698	requirement of 10 percent.
6699	3.  With respect to hurricane losses only, the remainder of
6700	the claim is subject to a deductible equal to a specified
6701	percentage of the policy dwelling limits in excess of the
6702	deductible allowed under former paragraph (3)(a) but no higher
6703	than 10 percent of the policy dwelling limits.
6704	4.  The insurer agrees to renew the coverage on a
6705	guaranteed basis for a period of years after initial issuance of
6706	the secured deductible equal to at least 1 year for each 2
6707	percentage points of deductible specified in subparagraph 3.
6708	unless the policy is canceled for nonpayment of premium or the
6709	insured fails to maintain the certificate of security. Such
6710	renewal shall be at the same premium as the initial policy
6711	except for premium changes attributable to changes in the value
6712	of the property.
6713	Reviser's note.--Paragraph (3)(a) is amended to conform to
6714	context and correct a reference. Paragraph (6)(c) is
6715	amended to clarify the status of former paragraph (3)(a),
6716	which was deleted by s. 28, ch. 2007-1, Laws of Florida.
6717	Section 152.  Paragraph (b) of subsection (2) of section
6718	627.7261, Florida Statutes, is amended to read:
6719	627.7261  Refusal to issue policy.--
6720	(2)
6721	(b)  As used in this section, the term "volunteer driver"
6722	means a person who provides services, including transporting
6723	individuals or goods, without compensation in excess of expenses
6724	to a private nonprofit agency as defined in s. 273.01(3) or a
6725	charitable organization as defined in s. 736.1201 737.501(2).
6726	Reviser's note.--Amended to correct a reference and improve
6727	clarity. Section 737.501 was repealed by s. 48, ch. 2006-
6728	217, Laws of Florida; s. 736.1201, created by s. 12, ch.
6729	2006-217, now provides the definition of the term
6730	"charitable organization" previously found in s.
6731	737.501(2).
6732	Section 153.  Paragraphs (a) and (e) of subsection (5) of
6733	section 627.736, Florida Statutes, as revived, reenacted, and
6734	amended by sections 13 and 20 of chapter 2007-324, Laws of
6735	Florida, are amended to read:
6736	627.736  Required personal injury protection benefits;
6737	exclusions; priority; claims.--
6738	(5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--
6739	(a)1.  Any physician, hospital, clinic, or other person or
6740	institution lawfully rendering treatment to an injured person
6741	for a bodily injury covered by personal injury protection
6742	insurance may charge the insurer and injured party only a
6743	reasonable amount pursuant to this section for the services and
6744	supplies rendered, and the insurer providing such coverage may
6745	pay for such charges directly to such person or institution
6746	lawfully rendering such treatment, if the insured receiving such
6747	treatment or his or her guardian has countersigned the properly
6748	completed invoice, bill, or claim form approved by the office
6749	upon which such charges are to be paid for as having actually
6750	been rendered, to the best knowledge of the insured or his or
6751	her guardian. In no event, however, may such a charge be in
6752	excess of the amount the person or institution customarily
6753	charges for like services or supplies. With respect to a
6754	determination of whether a charge for a particular service,
6755	treatment, or otherwise is reasonable, consideration may be
6756	given to evidence of usual and customary charges and payments
6757	accepted by the provider involved in the dispute, and
6758	reimbursement levels in the community and various federal and
6759	state medical fee schedules applicable to automobile and other
6760	insurance coverages, and other information relevant to the
6761	reasonableness of the reimbursement for the service, treatment,
6762	or supply.
6763	2.  The insurer may limit reimbursement to 80 percent of
6764	the following schedule of maximum charges:
6765	a.  For emergency transport and treatment by providers
6766	licensed under chapter 401, 200 percent of Medicare.
6767	b.  For emergency services and care provided by a hospital
6768	licensed under chapter 395, 75 percent of the hospital's usual
6769	and customary charges.
6770	c.  For emergency services and care as defined by s.
6771	395.002(9) 395.002(10) provided in a facility licensed under
6772	chapter 395 rendered by a physician or dentist, and related
6773	hospital inpatient services rendered by a physician or dentist,
6774	the usual and customary charges in the community.
6775	d.  For hospital inpatient services, other than emergency
6776	services and care, 200 percent of the Medicare Part A
6777	prospective payment applicable to the specific hospital
6778	providing the inpatient services.
6779	e.  For hospital outpatient services, other than emergency
6780	services and care, 200 percent of the Medicare Part A Ambulatory
6781	Payment Classification for the specific hospital providing the
6782	outpatient services.
6783	f.  For all other medical services, supplies, and care, 200
6784	percent of the applicable Medicare Part B fee schedule. However,
6785	if such services, supplies, or care is not reimbursable under
6786	Medicare Part B, the insurer may limit reimbursement to 80
6787	percent of the maximum reimbursable allowance under workers'
6788	compensation, as determined under s. 440.13 and rules adopted
6789	thereunder which are in effect at the time such services,
6790	supplies, or care is provided. Services, supplies, or care that
6791	is not reimbursable under Medicare or workers' compensation is
6792	not required to be reimbursed by the insurer.
6793	3.  For purposes of subparagraph 2., the applicable fee
6794	schedule or payment limitation under Medicare is the fee
6795	schedule or payment limitation in effect at the time the
6796	services, supplies, or care was rendered and for the area in
6797	which such services were rendered, except that it may not be
6798	less than the applicable 2007 Medicare Part B fee schedule for
6799	medical services, supplies, and care subject to Medicare Part B.
6800	4.  Subparagraph 2. does not allow the insurer to apply any
6801	limitation on the number of treatments or other utilization
6802	limits that apply under Medicare or workers' compensation. An
6803	insurer that applies the allowable payment limitations of
6804	subparagraph 2. must reimburse a provider who lawfully provided
6805	care or treatment under the scope of his or her license,
6806	regardless of whether such provider would be entitled to
6807	reimbursement under Medicare due to restrictions or limitations
6808	on the types or discipline of health care providers who may be
6809	reimbursed for particular procedures or procedure codes.
6810	5.  If an insurer limits payment as authorized by
6811	subparagraph 2., the person providing such services, supplies,
6812	or care may not bill or attempt to collect from the insured any
6813	amount in excess of such limits, except for amounts that are not
6814	covered by the insured's personal injury protection coverage due
6815	to the coinsurance amount or maximum policy limits.
6816	(e)1.  At the initial treatment or service provided, each
6817	physician, other licensed professional, clinic, or other medical
6818	institution providing medical services upon which a claim for
6819	personal injury protection benefits is based shall require an
6820	insured person, or his or her guardian, to execute a disclosure
6821	and acknowledgment form, which reflects at a minimum that:
6822	a.  The insured, or his or her guardian, must countersign
6823	the form attesting to the fact that the services set forth
6824	therein were actually rendered;
6825	b.  The insured, or his or her guardian, has both the right
6826	and affirmative duty to confirm that the services were actually
6827	rendered;
6828	c.  The insured, or his or her guardian, was not solicited
6829	by any person to seek any services from the medical provider;
6830	d.  That The physician, other licensed professional,
6831	clinic, or other medical institution rendering services for
6832	which payment is being claimed explained the services to the
6833	insured or his or her guardian; and
6834	e.  If the insured notifies the insurer in writing of a
6835	billing error, the insured may be entitled to a certain
6836	percentage of a reduction in the amounts paid by the insured's
6837	motor vehicle insurer.
6838	2.  The physician, other licensed professional, clinic, or
6839	other medical institution rendering services for which payment
6840	is being claimed has the affirmative duty to explain the
6841	services rendered to the insured, or his or her guardian, so
6842	that the insured, or his or her guardian, countersigns the form
6843	with informed consent.
6844	3.  Countersignature by the insured, or his or her
6845	guardian, is not required for the reading of diagnostic tests or
6846	other services that are of such a nature that they are not
6847	required to be performed in the presence of the insured.
6848	4.  The licensed medical professional rendering treatment
6849	for which payment is being claimed must sign, by his or her own
6850	hand, the form complying with this paragraph.
6851	5.  The original completed disclosure and acknowledgment
6852	form shall be furnished to the insurer pursuant to paragraph
6853	(4)(b) and may not be electronically furnished.
6854	6.  This disclosure and acknowledgment form is not required
6855	for services billed by a provider for emergency services as
6856	defined in s. 395.002, for emergency services and care as
6857	defined in s. 395.002 rendered in a hospital emergency
6858	department, or for transport and treatment rendered by an
6859	ambulance provider licensed pursuant to part III of chapter 401.
6860	7.  The Financial Services Commission shall adopt, by rule,
6861	a standard disclosure and acknowledgment form that shall be used
6862	to fulfill the requirements of this paragraph, effective 90 days
6863	after such form is adopted and becomes final. The commission
6864	shall adopt a proposed rule by October 1, 2003. Until the rule
6865	is final, the provider may use a form of its own which otherwise
6866	complies with the requirements of this paragraph.
6867	8.  As used in this paragraph, "countersigned" means a
6868	second or verifying signature, as on a previously signed
6869	document, and is not satisfied by the statement "signature on
6870	file" or any similar statement.
6871	9.  The requirements of this paragraph apply only with
6872	respect to the initial treatment or service of the insured by a
6873	provider. For subsequent treatments or service, the provider
6874	must maintain a patient log signed by the patient, in
6875	chronological order by date of service, that is consistent with
6876	the services being rendered to the patient as claimed. The
6877	requirements of this subparagraph for maintaining a patient log
6878	signed by the patient may be met by a hospital that maintains
6879	medical records as required by s. 395.3025 and applicable rules
6880	and makes such records available to the insurer upon request.
6881	Reviser's note.--Paragraph (5)(a) is amended to correct an
6882	erroneous reference. "Emergency services and care" is
6883	defined in s. 395.002(9); s. 395.002(10) defines "[g]eneral
6884	hospital." Paragraph (5)(e) is amended to correct
6885	construction and eliminate redundancy.
6886	Section 154.  Paragraph (b) of subsection (1) of section
6887	628.461, Florida Statutes, is amended to read:
6888	628.461  Acquisition of controlling stock.--
6889	(1)  A person may not, individually or in conjunction with
6890	any affiliated person of such person, acquire directly or
6891	indirectly, conclude a tender offer or exchange offer for, enter
6892	into any agreement to exchange securities for, or otherwise
6893	finally acquire 5 percent or more of the outstanding voting
6894	securities of a domestic stock insurer or of a controlling
6895	company, unless:
6896	(b)  The person or affiliated person has filed with the
6897	office a statement as specified in subsection (3). The statement
6898	must be completed and filed within 30 days after:
6899	1.  Any definitive acquisition agreement is entered;
6900	2.  Any form of tender offer or exchange offer is proposed;
6901	or
6902	3.  The acquisition of the securities, if no definitive
6903	acquisition agreement, tender offer, or exchange offer is
6904	involved; and
6905
6906	In lieu of a filing as required under this subsection, a party
6907	acquiring less than 10 percent of the outstanding voting
6908	securities of an insurer may file a disclaimer of affiliation
6909	and control. The disclaimer shall fully disclose all material
6910	relationships and basis for affiliation between the person and
6911	the insurer as well as the basis for disclaiming the affiliation
6912	and control. After a disclaimer has been filed, the insurer
6913	shall be relieved of any duty to register or report under this
6914	section which may arise out of the insurer's relationship with
6915	the person unless and until the office disallows the disclaimer.
6916	The office shall disallow a disclaimer only after furnishing all
6917	parties in interest with notice and opportunity to be heard and
6918	after making specific findings of fact to support the
6919	disallowance. A filing as required under this subsection must be
6920	made as to any acquisition that equals or exceeds 10 percent of
6921	the outstanding voting securities.
6922	Reviser's note.--Amended to confirm the editorial insertion
6923	of the words "[t]he person or affiliated person" to improve
6924	clarity.
6925	Section 155.  Paragraph (b) of subsection (2) of section
6926	628.4615, Florida Statutes, is amended to read:
6927	628.4615  Specialty insurers; acquisition of controlling
6928	stock, ownership interest, assets, or control; merger or
6929	consolidation.--
6930	(2)  A person may not, individually or in conjunction with
6931	any affiliated person of such person, directly or indirectly,
6932	conclude a tender offer or exchange offer for, enter into any
6933	agreement to exchange securities for, or otherwise finally
6934	acquire, 10 percent or more of the outstanding voting securities
6935	of a specialty insurer which is a stock corporation or of a
6936	controlling company of a specialty insurer which is a stock
6937	corporation; or conclude an acquisition of, or otherwise finally
6938	acquire, 10 percent or more of the ownership interest of a
6939	specialty insurer which is not a stock corporation or of a
6940	controlling company of a specialty insurer which is not a stock
6941	corporation, unless:
6942	(b)  The person or affiliated person has filed with the
6943	office an application signed under oath and prepared on forms
6944	prescribed by the commission which contains the information
6945	specified in subsection (4). The application must be completed
6946	and filed within 30 days after any form of tender offer or
6947	exchange offer is proposed, or after the acquisition of the
6948	securities if no tender offer or exchange offer is involved; and
6949	Reviser's note.--Amended to confirm the editorial insertion
6950	of the words "[t]he person or affiliated person" to improve
6951	clarity.
6952	Section 156.  Subsection (5) of section 633.01, Florida
6953	Statutes, is amended to read:
6954	633.01  State Fire Marshal; powers and duties; rules.--
6955	(5)  It is the intent of the Legislature that there are to
6956	be no conflicting requirements between the Florida Fire
6957	Prevention Code and the Life Safety Code authorized by this
6958	chapter and the provisions of the Florida Building Code or
6959	conflicts in their enforcement and interpretation. Potential
6960	conflicts shall be resolved through coordination and cooperation
6961	of the State Fire Marshal and the Florida Building Commission as
6962	provided by this chapter and part IV VII of chapter 553.
6963	Reviser's note.--Amended to correct an erroneous reference.
6964	Part VII of chapter 553 relates to standards for radon-
6965	resistant buildings; part IV of chapter 553 relates to the
6966	Florida Building Code.
6967	Section 157.  Subsection (4) of section 633.025, Florida
6968	Statutes, is amended to read:
6969	633.025  Minimum firesafety standards.--
6970	(4)  Such codes shall be minimum codes and a municipality,
6971	county, or special district with firesafety responsibilities may
6972	adopt more stringent firesafety standards, subject to the
6973	requirements of this subsection. Such county, municipality, or
6974	special district may establish alternative requirements to those
6975	requirements which are required under the minimum firesafety
6976	standards on a case-by-case basis, in order to meet special
6977	situations arising from historic, geographic, or unusual
6978	conditions, if the alternative requirements result in a level of
6979	protection to life, safety, or property equal to or greater than
6980	the applicable minimum firesafety standards. For the purpose of
6981	this subsection, the term "historic" means that the building or
6982	structure is listed on the National Register of Historic Places
6983	of the United States Department of the Interior.
6984	(a)  The local governing body shall determine, following a
6985	public hearing which has been advertised in a newspaper of
6986	general circulation at least 10 days before the hearing, if
6987	there is a need to strengthen the requirements of the minimum
6988	firesafety code adopted by such governing body. The
6989	determination must be based upon a review of local conditions by
6990	the local governing body, which review demonstrates that local
6991	conditions justify more stringent requirements than those
6992	specified in the minimum firesafety code for the protection of
6993	life and property or justify requirements that meet special
6994	situations arising from historic, geographic, or unusual
6995	conditions.
6996	(b)  Such additional requirements shall not be
6997	discriminatory as to materials, products, or construction
6998	techniques of demonstrated capabilities.
6999	(c)  Paragraphs (a) and (b) apply solely to the local
7000	enforcing agency's adoption of requirements more stringent than
7001	those specified in the Florida Fire Prevention Code and the Life
7002	Safety Code that have the effect of amending building
7003	construction standards. Upon request, the enforcing agency shall
7004	provide a person making application for a building permit, or
7005	any state agency or board with construction-related regulation
7006	responsibilities, a listing of all such requirements and codes.
7007	(d)  A local government which adopts amendments to the
7008	minimum firesafety code must provide a procedure by which the
7009	validity of such amendments may be challenged by any
7010	substantially affected party to test the amendment's compliance
7011	with the provisions of this section.
7012	1.  Unless the local government agrees to stay enforcement
7013	of the amendment, or other good cause is shown, the challenging
7014	party shall be entitled to a hearing on the challenge within 45
7015	days.
7016	2.  For purposes of such challenge, the burden of proof
7017	shall be on the challenging party, but the amendment shall not
7018	be presumed to be valid or invalid.
7019
7020	This subsection gives local government the authority to
7021	establish firesafety codes that exceed the minimum firesafety
7022	codes and standards adopted by the State Fire Marshal. The
7023	Legislature intends that local government give proper public
7024	notice and hold public hearings before adopting more stringent
7025	firesafety codes and standards. A substantially affected person
7026	may appeal, to the department, the local government's resolution
7027	of the challenge, and the department shall determine if the
7028	amendment complies with this section. Actions of the department
7029	are subject to judicial review pursuant to s. 120.68. The
7030	department shall consider reports of the Florida Building
7031	Commission, pursuant to part IV VII of chapter 553, when
7032	evaluating building code enforcement.
7033	Reviser's note.--Amended to correct an erroneous reference.
7034	Part VII of chapter 553 relates to standards for radon-
7035	resistant buildings; part IV of chapter 553 relates to the
7036	Florida Building Code.
7037	Section 158.  Paragraph (b) of subsection (3) of section
7038	660.417, Florida Statutes, is amended to read:
7039	660.417  Investment of fiduciary funds in investment
7040	instruments; permissible activity under certain circumstances;
7041	limitations.--
7042	(3)  The fact that such bank or trust company or an
7043	affiliate of the bank or trust company owns or controls
7044	investment instruments shall not preclude the bank or trust
7045	company acting as a fiduciary from investing or reinvesting in
7046	such investment instruments, provided such investment
7047	instruments:
7048	(b)  When sold to accounts for which the bank or trust
7049	company is acting as a trustee of a trust as defined in s.
7050	731.201(37) 731.201(35):
7051	1.  Are available for sale to accounts of other customers;
7052	and
7053	2.  If sold to other customers, are not sold to the trust
7054	accounts upon terms that are less favorable to the buyer than
7055	the terms upon which they are normally sold to the other
7056	customers.
7057	Reviser's note.--Amended to conform to the redesignation of
7058	s. 731.201(35) as s. 731.201(37) by s. 3, ch. 2007-74, Laws
7059	of Florida.
7060	Section 159.  Paragraph (f) of subsection (5) of section
7061	736.0802, Florida Statutes, is amended to read:
7062	736.0802  Duty of loyalty.--
7063	(5)
7064	(f)1.  The trustee of a trust described in s. 731.201(37)
7065	731.201(35) may request authority to invest in investment
7066	instruments described in this subsection other than a qualified
7067	investment instrument, by providing to all qualified
7068	beneficiaries a written request containing the following:
7069	a.  The name, telephone number, street address, and mailing
7070	address of the trustee and of any individuals who may be
7071	contacted for further information.
7072	b.  A statement that the investment or investments cannot
7073	be made without the consent of a majority of each class of the
7074	qualified beneficiaries.
7075	c.  A statement that, if a majority of each class of
7076	qualified beneficiaries consent, the trustee will have the right
7077	to make investments in investment instruments, as defined in s.
7078	660.25(6), which are owned or controlled by the trustee or its
7079	affiliate, or from which the trustee or its affiliate receives
7080	compensation for providing services in a capacity other than as
7081	trustee, that such investment instruments may include investment
7082	instruments sold primarily to trust accounts, and that the
7083	trustee or its affiliate may receive fees in addition to the
7084	trustee's compensation for administering the trust.
7085	d.  A statement that the consent may be withdrawn
7086	prospectively at any time by written notice given by a majority
7087	of any class of the qualified beneficiaries.
7088
7089	A statement by the trustee is not delivered if the statement is
7090	accompanied by another written communication other than a
7091	written communication by the trustee that refers only to the
7092	statement.
7093	2.  For purposes of paragraph (e) and this paragraph:
7094	a.  "Majority of the qualified beneficiaries" means:
7095	(I)  If at the time the determination is made there are one
7096	or more beneficiaries as described in s. 736.0103(14)(c), at
7097	least a majority in interest of the beneficiaries described in
7098	s. 736.0103(14)(a), at least a majority in interest of the
7099	beneficiaries described in s. 736.0103(14)(b), and at least a
7100	majority in interest of the beneficiaries described in s.
7101	736.0103(14)(c), if the interests of the beneficiaries are
7102	reasonably ascertainable; otherwise, a majority in number of
7103	each such class; or
7104	(II)  If there is no beneficiary as described in s.
7105	736.0103(14)(c), at least a majority in interest of the
7106	beneficiaries described in s. 736.0103(14)(a) and at least a
7107	majority in interest of the beneficiaries described in s.
7108	736.0103(14)(b), if the interests of the beneficiaries are
7109	reasonably ascertainable; otherwise, a majority in number of
7110	each such class.
7111	b.  "Qualified investment instrument" means a mutual fund,
7112	common trust fund, or money market fund described in and
7113	governed by s. 736.0816(3).
7114	c.  An irrevocable trust is created upon execution of the
7115	trust instrument. If a trust that was revocable when created
7116	thereafter becomes irrevocable, the irrevocable trust is created
7117	when the right of revocation terminates.
7118	Reviser's note.--Amended to conform to the redesignation of
7119	s. 731.201(35) as s. 731.201(37) by s. 3, ch. 2007-74, Laws
7120	of Florida.
7121	Section 160.  Subsection (3) of section 741.3165, Florida
7122	Statutes, is amended to read:
7123	741.3165  Certain information exempt from disclosure.--
7124	(3)  This section is subject to the Open Government Sunset
7125	Review Act of 1995 in accordance with s. 119.15, and shall stand
7126	repealed on October 2, 2010, unless reviewed and saved from
7127	repeal through reenactment by the Legislature.
7128	Reviser's note.--Amended to conform to the renaming of the
7129	"Open Government Sunset Review Act of 1995" as the "Open
7130	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7131	of Florida.
7132	Section 161.  Subsection (4) of section 744.1076, Florida
7133	Statutes, is amended to read:
7134	744.1076  Court orders appointing court monitors and
7135	emergency court monitors; reports of court monitors; findings of
7136	no probable cause; public records exemptions.--
7137	(4)  This section is subject to the Open Government Sunset
7138	Review Act of 1995 in accordance with s. 119.15 and shall stand
7139	repealed on October 2, 2011, unless reviewed and saved from
7140	repeal through reenactment by the Legislature.
7141	Reviser's note.--Amended to conform to the renaming of the
7142	"Open Government Sunset Review Act of 1995" as the "Open
7143	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7144	of Florida.
7145	Section 162.  Section 812.1725, Florida Statutes, is
7146	amended to read:
7147	812.1725  Preemption.--A political subdivision of this
7148	state may not adopt, for convenience businesses, security
7149	standards which differ from those contained in ss. 812.173 and
7150	812.174, and all such differing standards, whether existing or
7151	proposed, are hereby preempted and superseded by general law,
7152	except any local ordinance in effect prior to September 1988 and
7153	determined by the Department of Legal Affairs to provide more
7154	stringent security standards than those contained in ss. 812.173
7155	and 812.174 shall not be preempted and superseded by general law
7156	for a period of 2 years from December 31, 1992.
7157	Reviser's note.--Amended to delete an obsolete exemption
7158	relating to preemption.
7159	Section 163.  Paragraph (c) of subsection (2) of section
7160	817.625, Florida Statutes, is amended to read:
7161	817.625  Use of scanning device or reencoder to defraud;
7162	penalties.--
7163	(2)
7164	(c)  Any person who violates subparagraph (a)1. or
7165	subparagraph (a)2. shall also be subject to the provisions of
7166	ss. 932.701-932.706 932.701-932.707.
7167	Reviser's note.--Amended to conform to the repeal of s.
7168	932.707 by s. 21, ch. 2006-176, Laws of Florida. The last
7169	section in the range is now s. 932.706.
7170	Section 164.  Paragraph (a) of subsection (4) of section
7171	832.062, Florida Statutes, is amended to read:
7172	832.062  Prosecution for worthless checks, drafts, debit
7173	card orders, or electronic funds transfers made to pay any tax
7174	or associated amount administered by the Department of
7175	Revenue.--
7176	(4)(a)  In any prosecution or action under this section,
7177	the making, drawing, uttering, or delivery of a check, draft, or
7178	order; the making, sending, instructing, ordering, or initiating
7179	of any electronic funds transfer; or causing the making,
7180	sending, instructing, ordering, or initiating of any electronic
7181	transfer payment, any of which are refused by the drawee because
7182	of lack of funds or credit, is prima facie evidence of intent to
7183	defraud or knowledge of insufficient funds in, or credit with,
7184	such bank, banking institution, trust company, or other
7185	depository, unless the maker, drawer, sender, instructor,
7186	orderer, or initiator, or someone for him or her, has paid the
7187	holder thereof the amount due thereon, together with a service
7188	charge, which may not exceed the service fees authorized under
7189	s. 832.08(5), or an amount of up to 5 percent of the face amount
7190	of the check or the amount of the electronic funds transfer,
7191	whichever is greater, within 15 days after written notice has
7192	been sent to the address printed on the check, or given or on
7193	file at the time of issuance, that such check, draft, order, or
7194	electronic funds transfer has not been paid to the holder
7195	thereof, and has paid the bank fees incurred by the holder. In
7196	the event of legal action for recovery, the maker, drawer,
7197	sender, instructor, orderer, or initiator may be additionally
7198	liable for court costs and reasonable attorney's fees. Notice
7199	mailed by certified or registered mail that is evidenced by
7200	return receipt, or by first-class mail that is evidenced by an
7201	affidavit of service of mail, to the address printed on the
7202	check or given or on file at the time of issuance shall be
7203	deemed sufficient and equivalent to notice having been received
7204	by the maker, drawer, sender, instructor, orderer, or initiator,
7205	whether such notice is returned undelivered or not. The form of
7206	the notice shall be substantially as follows:
7207
7208	"You are hereby notified that a check or electronic
7209	funds transfer, numbered _____, in the face amount of
7210	$_____, issued or initiated by you on   (date)  ,
7211	drawn upon   (name of bank)  , and payable to _____,
7212	has been dishonored. Pursuant to Florida law, you have
7213	15 days following the date of this notice to tender
7214	payment of the full amount of such check or electronic
7215	funds transfer plus a service charge of $25, if the
7216	face value does not exceed $50; $30, if the face value
7217	exceeds $50 but does not exceed $300; $40, if the face
7218	value exceeds $300; or an amount of up to 5 percent of
7219	the face amount of the check, whichever is greater,
7220	the total amount due being $_____ and _____ cents.
7221	Unless this amount is paid in full within the time
7222	specified above, the holder of such check or
7223	electronic funds transfer may turn over the dishonored
7224	check or electronic funds transfer and all other
7225	available information relating to this incident to the
7226	state attorney for criminal prosecution. You may be
7227	additionally liable in a civil action for triple the
7228	amount of the check or electronic funds transfer, but
7229	in no case less than $50, together with the amount of
7230	the check or electronic funds transfer, a service
7231	charge, court costs, reasonable attorney's fees, and
7232	incurred bank fees, as provided in s. 68.065, Florida
7233	Statutes."
7234
7235	Subsequent persons receiving a check, draft, order, or
7236	electronic funds transfer from the original payee or a successor
7237	endorsee have the same rights that the original payee has
7238	against the maker of the instrument if the subsequent persons
7239	give notice in a substantially similar form to that provided
7240	above. Subsequent persons providing such notice are immune from
7241	civil liability for the giving of such notice and for proceeding
7242	under the forms of such notice so long as the maker of the
7243	instrument has the same defenses against these subsequent
7244	persons as against the original payee. However, the remedies
7245	available under this section may be exercised only by one party
7246	in interest.
7247	Reviser's note.--Amended to confirm the editorial insertion
7248	of the word "or" to improve clarity.
7249	Section 165.  Paragraph (c) of subsection (3) of section
7250	921.0022, Florida Statutes, is amended to read:
7251	921.0022  Criminal Punishment Code; offense severity
7252	ranking chart.--
7253	(3)  OFFENSE SEVERITY RANKING CHART
7254	(c)  LEVEL 3
7255
	FloridaStatute FelonyDegree Description
7256
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
7257
	316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
7258
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
7259
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
7260
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
7261
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
7262
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
7263
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
7264
	327.35(2)(b) 3rd Felony BUI.
7265
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
7266
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
7267
	370.12(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
7268
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
7269
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
7270
	400.9935(4) 400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
7271
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
7272
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
7273
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
7274
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
7275
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
7276
	697.08 3rd Equity skimming.
7277
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
7278
	796.05(1) 3rd Live on earnings of a prostitute.
7279
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
7280
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
7281
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
7282
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
7283
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
7284
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
7285
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
7286
	817.233 3rd Burning to defraud insurer.
7287
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
7288
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
7289
	817.236 3rd Filing a false motor vehicle insurance application.
7290
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
7291
	817.413(2) 3rd Sale of used goods as new.
7292
	817.505(4) 3rd Patient brokering.
7293
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
7294
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
7295
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
7296
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
7297
	843.19 3rd Injure, disable, or kill police dog or horse.
7298
	860.15(3) 3rd Overcharging for repairs and parts.
7299
	870.01(2) 3rd Riot; inciting or encouraging.
7300
	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
7301
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
7302
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
7303
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
7304
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
7305
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
7306
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
7307
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
7308
	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
7309
	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
7310
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
7311
	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
7312
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
7313
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
7314
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
7315
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
7316
7317	Reviser's note.--Amended to correct an apparent error.
7318	Section 400.9935(4) addresses both unlicensed activity and
7319	falsified applications.
7320	Section 166.  Subsection (1) of section 932.701, Florida
7321	Statutes, is amended to read:
7322	932.701  Short title; definitions.--
7323	(1)  Sections 932.701-932.706 932.701-932.707 shall be
7324	known and may be cited as the "Florida Contraband Forfeiture
7325	Act."
7326	Reviser's note.--Amended to conform to the repeal of s.
7327	932.707 by s. 21, ch. 2006-176, Laws of Florida. The last
7328	section in the range is now s. 932.706.
7329	Section 167.  Subsection (1) of section 940.05, Florida
7330	Statutes, is amended to read:
7331	940.05  Restoration of civil rights.--Any person who has
7332	been convicted of a felony may be entitled to the restoration of
7333	all the rights of citizenship enjoyed by him or her prior to
7334	conviction if the person has:
7335	(1)  Received a full pardon from the Board of Executive
7336	Clemency board of pardons;
7337	Reviser's note.--Amended to improve clarity and conform to
7338	the proper name of the board.
7339	Section 168.  Subsection (3) of section 943.0314, Florida
7340	Statutes, is amended to read:
7341	943.0314  Public records and public meetings exemptions;
7342	Domestic Security Oversight Council.--
7343	(3)  This section is subject to the Open Government Sunset
7344	Review Act of 1995 in accordance with s. 119.15 and shall stand
7345	repealed on October 2, 2010, unless reviewed and saved from
7346	repeal through reenactment by the Legislature.
7347	Reviser's note.--Amended to conform to the renaming of the
7348	"Open Government Sunset Review Act of 1995" as the "Open
7349	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7350	of Florida.
7351	Section 169.  Subsection (2) of section 943.32, Florida
7352	Statutes, is amended to read:
7353	943.32  Statewide criminal analysis laboratory
7354	system.--There is established a statewide criminal analysis
7355	laboratory system to be composed of:
7356	(2)  The existing locally funded laboratories in Broward,
7357	Dade, Indian River, Miami-Dade, Monroe, Palm Beach, and Pinellas
7358	Counties, specifically designated in s. 943.35 to be eligible
7359	for state matching funds; and
7360	Reviser's note.--Amended to conform to the redesignation of
7361	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7362	Dade County Code.
7363	Section 170.  Paragraph (b) of subsection (1) of section
7364	943.35, Florida Statutes, is amended to read:
7365	943.35  Funding for existing laboratories.--
7366	(1)  The following existing criminal analysis laboratories
7367	are eligible for receipt of state funding:
7368	(b)  The Miami-Dade Metro-Dade Police Department Crime
7369	Laboratory;
7370	Reviser's note.--Amended to conform to the current name of
7371	the crime laboratory and the redesignation of Dade County
7372	as Miami-Dade County by s. 1-4.2 of the Miami-Dade County
7373	Code.
7374	Section 171.  Section 947.06, Florida Statutes, as amended
7375	by section 16 of chapter 90-211, Laws of Florida, is amended to
7376	read:
7377	947.06  Meeting; when commission may act.--The commission
7378	shall meet at regularly scheduled intervals and from time to
7379	time as may otherwise be determined by the chair. The making of
7380	recommendations to the Governor and Cabinet in matters relating
7381	to modifications of acts and decisions of the chair as provided
7382	in s. 947.04(1) shall be by a majority vote of the commission.
7383	No prisoner shall be placed on parole except as provided in ss.
7384	947.172 and 947.174 by a panel of no fewer than two
7385	commissioners appointed by the chair. All matters relating to
7386	the granting, denying, or revoking of parole shall be decided in
7387	a meeting at which the public shall have the right to be
7388	present. Victims of the crime committed by the inmate shall be
7389	permitted to make an oral statement or submit a written
7390	statement regarding their views as to the granting, denying, or
7391	revoking of parole. Persons not members or employees of the
7392	commission or victims of the crime committed by the inmate may
7393	be permitted to participate in deliberations concerning the
7394	granting and revoking of paroles only upon the prior written
7395	approval of the chair of the commission. To facilitate the
7396	ability of victims and other persons to attend commission
7397	meetings, the commission shall meet in various counties
7398	including, but not limited to, Broward, Dade, Duval, Escambia,
7399	Hillsborough, Leon, Miami-Dade, Orange, and Palm Beach, with the
7400	location chosen being as close as possible to the location where
7401	the parole-eligible inmate committed the offense for which the
7402	parole-eligible inmate was sentenced. The commission shall adopt
7403	rules governing the oral participation of victims and the
7404	submission of written statements by victims.
7405	Reviser's note.--Amended to conform to the redesignation of
7406	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7407	Dade County Code.
7408	Section 172.  Section 947.06, Florida Statutes, as amended
7409	by section 22 of chapter 90-337, Laws of Florida, is amended to
7410	read:
7411	947.06  Meeting; when commission may act.--The commission
7412	shall meet at regularly scheduled intervals and from time to
7413	time as may otherwise be determined by the chair. The making of
7414	recommendations to the Governor and Cabinet in matters relating
7415	to modifications of acts and decisions of the chair as provided
7416	in s. 947.04(1) shall be by a majority vote of the commission.
7417	No prisoner shall be placed on parole except as provided in ss.
7418	947.172 and 947.174 by a panel of no fewer than two
7419	commissioners appointed by the chair. All matters relating to
7420	the granting, denying, or revoking of parole shall be decided in
7421	a meeting at which the public shall have the right to be
7422	present. Victims of the crime committed by the inmate shall be
7423	permitted to make an oral statement or submit a written
7424	statement regarding their views as to the granting, denying, or
7425	revoking of parole. Persons not members or employees of the
7426	commission or victims of the crime committed by the inmate may
7427	be permitted to participate in deliberations concerning the
7428	granting and revoking of paroles only upon the prior written
7429	approval of the chair of the commission. To facilitate the
7430	ability of victims and other persons to attend commission
7431	meetings, the commission shall meet in counties including, but
7432	not limited to, Broward, Dade, Duval, Escambia, Hillsborough,
7433	Leon, Miami-Dade, Orange, and Palm Beach, with the location
7434	chosen being as close as possible to the location where the
7435	parolee or releasee committed the offense for which the parolee
7436	or releasee was sentenced. The commission shall adopt rules
7437	governing the oral participation of victims and the submission
7438	of written statements by victims.
7439	Reviser's note.--Amended to conform to the redesignation of
7440	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7441	Dade County Code.
7442	Section 173.  Subsection (7) of section 1001.11, Florida
7443	Statutes, is amended to read:
7444	1001.11  Commissioner of Education; other duties.--
7445	(7)  The commissioner shall make prominently available on
7446	the department's website the following: links to the Internet-
7447	based clearinghouse for professional development regarding
7448	physical education which is established under s. 1012.98(4)(d);
7449	the school wellness and physical education policies and other
7450	resources required under s. 1003.453(1) and (2); and other
7451	Internet sites that provide professional development for
7452	elementary teachers of physical education as defined in s.
7453	1003.01(16). These links must provide elementary teachers with
7454	information concerning current physical education and nutrition
7455	philosophy and best practices that result in student
7456	participation in physical activities that promote lifelong
7457	physical and mental well-being.
7458	Reviser's note.--Amended to delete an erroneous reference.
7459	Section 1012.98(4)(d) does not exist.
7460	Section 174.  Subsections (5) and (6) of section 1001.215,
7461	Florida Statutes, are amended to read:
7462	1001.215  Just Read, Florida! Office.--There is created in
7463	the Department of Education the Just Read, Florida! Office. The
7464	office shall be fully accountable to the Commissioner of
7465	Education and shall:
7466	(5)  Provide technical assistance to school districts in
7467	the development and implementation of district plans for use of
7468	the research-based reading instruction allocation provided in s.
7469	1011.62(9) 1011.62(8) and annually review and approve such
7470	plans.
7471	(6)  Review, evaluate, and provide technical assistance to
7472	school districts' implementation of the K-12 comprehensive
7473	reading plan required in s. 1011.62(9) 1011.62(8).
7474	Reviser's note.--Amended to correct an erroneous reference
7475	and conform to context. The comprehensive reading plan is
7476	required by s. 1011.62(9).
7477	Section 175.  Section 1001.395, Florida Statutes, is
7478	amended to read:
7479	1001.395  District school board members;
7480	compensation.--Each member of the district school board shall
7481	receive a base salary, the amounts indicated in this section,
7482	based on the population of the county the district school board
7483	member serves. In addition, compensation shall be made for
7484	population increments over the minimum for each population
7485	group, which shall be determined by multiplying the population
7486	in excess of the minimum for the group times the group rate. The
7487	product of such calculation shall be added to the base salary to
7488	determine the adjusted base salary. The adjusted base salaries
7489	of district school board members shall be increased annually as
7490	provided for in s. 145.19.
7491
	Pop. Group County Pop. Range Base Salary Group Rate
7492
	Minimum Maximum
7493
	I -0- 9,999 $5,000 $0.08330
7494
	II 10,000 49,999 49,000 5,833 0.020830
7495
	III 50,000 99,999 6,666 0.016680
7496
	IV 100,000 199,999 7,500 0.008330
7497
	V 200,000 399,999 8,333 0.004165
7498
	VI 400,000 999,999 9,166 0.001390
7499
	VII 1,000,000 10,000 0.000000
7500
7501	District school board member salaries negotiated on or after
7502	November of 2006 shall remain in effect up to the date of the
7503	2007-2008 calculation provided pursuant to s. 145.19.
7504	Reviser's note.--Amended to correct an apparent error.
7505	Section 176.  Paragraph (a) of subsection (2) of section
7506	1002.35, Florida Statutes, is amended to read:
7507	1002.35  New World School of the Arts.--
7508	(2)(a)  For purposes of governance, the New World School of
7509	the Arts is assigned to Miami Dade Miami-Dade College, the
7510	Miami-Dade County Public Schools Dade County School District,
7511	and one or more universities designated by the State Board of
7512	Education. The State Board of Education, in conjunction with the
7513	Board of Governors, shall assign to the New World School of the
7514	Arts a university partner or partners. In this selection, the
7515	State Board of Education and the Board of Governors shall
7516	consider the accreditation status of the core programs. Florida
7517	International University, in its capacity as the provider of
7518	university services to Miami-Dade Dade County, shall be a
7519	partner to serve the New World School of the Arts, upon meeting
7520	the accreditation criteria. The respective boards shall appoint
7521	members to an executive board for administration of the school.
7522	The executive board may include community members and shall
7523	reflect proportionately the participating institutions. Miami
7524	Dade Miami-Dade College shall serve as fiscal agent for the
7525	school.
7526	Reviser's note.--Amended to reflect the current names of
7527	Miami Dade College and the Miami-Dade County Public Schools
7528	and to conform to the redesignation of Dade County as
7529	Miami-Dade County by s. 1-4.2 of the Miami-Dade County
7530	Code.
7531	Section 177.  Paragraph (c) of subsection (10) of section
7532	1002.39, Florida Statutes, is amended to read:
7533	1002.39  The John M. McKay Scholarships for Students with
7534	Disabilities Program.--There is established a program that is
7535	separate and distinct from the Opportunity Scholarship Program
7536	and is named the John M. McKay Scholarships for Students with
7537	Disabilities Program.
7538	(10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
7539	(c)1.  The school district shall report all students who
7540	are attending a private school under this program. The students
7541	with disabilities attending private schools on John M. McKay
7542	Scholarships shall be reported separately from other students
7543	reported for purposes of the Florida Education Finance Program.
7544	2.  For program participants who are eligible under
7545	subparagraph (2)(a)2., the school district that is used as the
7546	basis for the calculation of the scholarship amount as provided
7547	in subparagraph (a)3. shall:
7548	a.  Report to the department all such students who are
7549	attending a private school under this program.
7550	b.  Be held harmless for such students from the weighted
7551	enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
7552	1011.62(1)(d)3.a. during the first school year in which the
7553	students are reported.
7554	Reviser's note.--Amended to correct an erroneous reference
7555	and conform to context. The weighted enrollment ceiling for
7556	group 2 programs is in s. 1011.62(1)(d)3.b.
7557	Section 178.  Subsection (4) of section 1002.72, Florida
7558	Statutes, is amended to read:
7559	1002.72  Records of children in the Voluntary
7560	Prekindergarten Education Program.--
7561	(4)  This section is subject to the Open Government Sunset
7562	Review Act of 1995 in accordance with s. 119.15 and shall stand
7563	repealed October 2, 2010, unless reviewed and saved from repeal
7564	through reenactment by the Legislature.
7565	Reviser's note.--Amended to conform to the renaming of the
7566	"Open Government Sunset Review Act of 1995" as the "Open
7567	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7568	of Florida.
7569	Section 179.  Paragraph (b) of subsection (1) of section
7570	1003.4156, Florida Statutes, is amended to read:
7571	1003.4156  General requirements for middle grades
7572	promotion.--
7573	(1)  Beginning with students entering grade 6 in the 2006-
7574	2007 school year, promotion from a school composed of middle
7575	grades 6, 7, and 8 requires that:
7576	(b)  For each year in which a student scores at Level l on
7577	FCAT Reading, the student must be enrolled in and complete an
7578	intensive reading course the following year. Placement of Level
7579	2 readers in either an intensive reading course or a content
7580	area course in which reading strategies are delivered shall be
7581	determined by diagnosis of reading needs. The department shall
7582	provide guidance on appropriate strategies for diagnosing and
7583	meeting the varying instructional needs of students reading
7584	below grade level. Reading courses shall be designed and offered
7585	pursuant to the comprehensive reading plan required by s.
7586	1011.62(9) 1011.62(8).
7587	Reviser's note.--Amended to correct an erroneous reference
7588	and conform to context. The comprehensive reading plan is
7589	required by s. 1011.62(9).
7590	Section 180.  Paragraph (b) of subsection (2) of section
7591	1003.428, Florida Statutes, is amended to read:
7592	1003.428  General requirements for high school graduation;
7593	revised.--
7594	(2)  The 24 credits may be earned through applied,
7595	integrated, and combined courses approved by the Department of
7596	Education and shall be distributed as follows:
7597	(b)  Eight credits in majors, minors, or electives:
7598	1.  Four credits in a major area of interest, such as
7599	sequential courses in a career and technical program, fine and
7600	performing arts, or academic content area, selected by the
7601	student as part of the education plan required by s. 1003.4156.
7602	Students may revise major areas of interest each year as part of
7603	annual course registration processes and should update their
7604	education plan to reflect such revisions. Annually by October 1,
7605	the district school board shall approve major areas of interest
7606	and submit the list of majors to the Commissioner of Education
7607	for approval. Each major area of interest shall be deemed
7608	approved unless specifically rejected by the commissioner within
7609	60 days. Upon approval, each district's major areas of interest
7610	shall be available for use by all school districts and shall be
7611	posted on the department's website.
7612	2.  Four credits in elective courses selected by the
7613	student as part of the education plan required by s. 1003.4156.
7614	These credits may be combined to allow for a second major area
7615	of interest pursuant to subparagraph 1., a minor area of
7616	interest, elective courses, or intensive reading or mathematics
7617	intervention courses as described in this subparagraph.
7618	a.  Minor areas of interest are composed of three credits
7619	selected by the student as part of the education plan required
7620	by s. 1003.4156 and approved by the district school board.
7621	b.  Elective courses are selected by the student in order
7622	to pursue a complete education program as described in s.
7623	1001.41(3) and to meet eligibility requirements for
7624	scholarships.
7625	c.  For each year in which a student scores at Level l on
7626	FCAT Reading, the student must be enrolled in and complete an
7627	intensive reading course the following year. Placement of Level
7628	2 readers in either an intensive reading course or a content
7629	area course in which reading strategies are delivered shall be
7630	determined by diagnosis of reading needs. The department shall
7631	provide guidance on appropriate strategies for diagnosing and
7632	meeting the varying instructional needs of students reading
7633	below grade level. Reading courses shall be designed and offered
7634	pursuant to the comprehensive reading plan required by s.
7635	1011.62(9) 1011.62(8).
7636	d.  For each year in which a student scores at Level 1 or
7637	Level 2 on FCAT Mathematics, the student must receive
7638	remediation the following year. These courses may be taught
7639	through applied, integrated, or combined courses and are subject
7640	to approval by the department for inclusion in the Course Code
7641	Directory.
7642	Reviser's note.--Amended to correct an erroneous reference
7643	and conform to context. The comprehensive reading plan is
7644	required by s. 1011.62(9).
7645	Section 181.  Paragraph (c) of subsection (8) of section
7646	1004.43, Florida Statutes, is amended to read:
7647	1004.43  H. Lee Moffitt Cancer Center and Research
7648	Institute.--There is established the H. Lee Moffitt Cancer
7649	Center and Research Institute at the University of South
7650	Florida.
7651	(8)
7652	(c)  Subparagraphs 10. and 12. of paragraph (b) are subject
7653	to the Open Government Sunset Review Act of 1995 in accordance
7654	with s. 119.15 and shall stand repealed on October 2, 2010,
7655	unless reviewed and saved from repeal through reenactment by the
7656	Legislature.
7657	Reviser's note.--Amended to conform to the renaming of the
7658	"Open Government Sunset Review Act of 1995" as the "Open
7659	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7660	of Florida.
7661	Section 182.  Subsection (4) of section 1004.4472, Florida
7662	Statutes, is amended to read:
7663	1004.4472  Florida Institute for Human and Machine
7664	Cognition, Inc.; public records exemption; public meetings
7665	exemption.--
7666	(4)  This section is subject to the Open Government Sunset
7667	Review Act of 1995 in accordance with s. 119.15 and shall stand
7668	repealed on October 2, 2009, unless reviewed and saved from
7669	repeal through reenactment by the Legislature.
7670	Reviser's note.--Amended to conform to the renaming of the
7671	"Open Government Sunset Review Act of 1995" as the "Open
7672	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7673	of Florida.
7674	Section 183.  Paragraph (e) of subsection (1) of section
7675	1004.55, Florida Statutes, is amended to read:
7676	1004.55  Regional autism centers.--
7677	(1)  Seven regional autism centers are established to
7678	provide nonresidential resource and training services for
7679	persons of all ages and of all levels of intellectual
7680	functioning who have autism, as defined in s. 393.063; who have
7681	a pervasive developmental disorder that is not otherwise
7682	specified; who have an autistic-like disability; who have a dual
7683	sensory impairment; or who have a sensory impairment with other
7684	handicapping conditions. Each center shall be operationally and
7685	fiscally independent and shall provide services within its
7686	geographical region of the state. Service delivery shall be
7687	consistent for all centers. Each center shall coordinate
7688	services within and between state and local agencies and school
7689	districts but may not duplicate services provided by those
7690	agencies or school districts. The respective locations and
7691	service areas of the centers are:
7692	(e)  The Mailman Center for Child Development and the
7693	Department of Psychology at the University of Miami, which
7694	serves Broward, Miami-Dade Dade, and Monroe Counties.
7695	Reviser's note.--Amended to conform to the redesignation of
7696	Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7697	Dade County Code.
7698	Section 184.  Subsection (2) of section 1004.76, Florida
7699	Statutes, is amended to read:
7700	1004.76  Florida Martin Luther King, Jr., Institute for
7701	Nonviolence.--
7702	(2)  There is hereby created the Florida Martin Luther
7703	King, Jr., Institute for Nonviolence to be established at Miami
7704	Dade Miami-Dade Community College. The institute shall have an
7705	advisory board consisting of 13 members as follows: the Attorney
7706	General, the Commissioner of Education, and 11 members to be
7707	appointed by the Governor, such members to represent the
7708	population of the state based on its ethnic, gender, and
7709	socioeconomic diversity. Of the members appointed by the
7710	Governor, one shall be a member of the Senate appointed by the
7711	Governor on the recommendation of the President of the Senate;
7712	one shall be a member of the Senate appointed by the Governor on
7713	the recommendation of the minority leader; one shall be a member
7714	of the House of Representatives appointed by the Governor on the
7715	recommendation of the Speaker of the House of Representatives;
7716	one shall be a member of the House of Representatives appointed
7717	by the Governor on the recommendation of the minority leader;
7718	and seven shall be members appointed by the Governor, no more
7719	than three of whom shall be members of the same political party.
7720	The following groups shall be represented by the seven members:
7721	the Florida Sheriffs Association; the Florida Association of
7722	Counties; the Florida League of Cities; state universities human
7723	services agencies; community relations or human relations
7724	councils; and youth. A chairperson shall be elected by the
7725	members and shall serve for a term of 3 years. Members of the
7726	board shall serve the following terms of office which shall be
7727	staggered:
7728	(a)  A member of the Legislature appointed to the board
7729	shall serve for a single term not to exceed 5 years and shall
7730	serve as a member only while he or she is a member of the
7731	Legislature.
7732	(b)  Of the seven members who are not members of the
7733	Legislature, three shall serve for terms of 4 years, two shall
7734	serve for terms of 3 years, and one shall serve for a term of 1
7735	year. Thereafter, each member, except for a member appointed to
7736	fill an unexpired term, shall serve for a 5-year term. No member
7737	shall serve on the board for more than 10 years.
7738
7739	In the event of a vacancy occurring in the office of a member of
7740	the board by death, resignation, or otherwise, the Governor
7741	shall appoint a successor to serve for the balance of the
7742	unexpired term.
7743	Reviser's note.--Amended to conform to the redesignation of
7744	Miami-Dade Community College as Miami Dade College due to
7745	new baccalaureate degrees offered.
7746	Section 185.  Paragraph (b) of subsection (6) of section
7747	1005.38, Florida Statutes, is amended to read:
7748	1005.38  Actions against a licensee and other penalties.--
7749	(6)  The commission may conduct disciplinary proceedings
7750	through an investigation of any suspected violation of this
7751	chapter or any rule of the commission, including a finding of
7752	probable cause and making reports to any law enforcement agency
7753	or regulatory agency.
7754	(b)1.  All investigatory records held by the commission in
7755	conjunction with an investigation conducted pursuant to this
7756	subsection, including minutes and findings of an exempt probable
7757	cause panel meeting convened in conjunction with such
7758	investigation, are exempt from s. 119.07(1) and s. 24(a), Art. I
7759	of the State Constitution for a period not to exceed 10 days
7760	after the panel makes a determination regarding probable cause.
7761	2.  Those portions of meetings of the probable cause panel
7762	at which records made exempt pursuant to subparagraph 1. are
7763	discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
7764	State Constitution.
7765	3.  This paragraph is subject to the Open Government Sunset
7766	Review Act of 1995 in accordance with s. 119.15 and shall stand
7767	repealed on October 2, 2010, unless reviewed and saved from
7768	repeal through reenactment by the Legislature.
7769	Reviser's note.--Amended to conform to the renaming of the
7770	"Open Government Sunset Review Act of 1995" as the "Open
7771	Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7772	of Florida.
7773	Section 186.  Paragraph (b) of subsection (4) of section
7774	1008.25, Florida Statutes, is amended to read:
7775	1008.25  Public school student progression; remedial
7776	instruction; reporting requirements.--
7777	(4)  ASSESSMENT AND REMEDIATION.--
7778	(b)  The school in which the student is enrolled must
7779	develop, in consultation with the student's parent, and must
7780	implement a progress monitoring plan. A progress monitoring plan
7781	is intended to provide the school district and the school
7782	flexibility in meeting the academic needs of the student and to
7783	reduce paperwork. A student who is not meeting the school
7784	district or state requirements for proficiency in reading and
7785	math shall be covered by one of the following plans to target
7786	instruction and identify ways to improve his or her academic
7787	achievement:
7788	1.  A federally required student plan such as an individual
7789	education plan;
7790	2.  A schoolwide system of progress monitoring for all
7791	students; or
7792	3.  An individualized progress monitoring plan.
7793
7794	The plan chosen must be designed to assist the student or the
7795	school in meeting state and district expectations for
7796	proficiency. If the student has been identified as having a
7797	deficiency in reading, the K-12 comprehensive reading plan
7798	required by s. 1011.62(9) 1011.62(8) shall include instructional
7799	and support services to be provided to meet the desired levels
7800	of performance. District school boards may require low-
7801	performing students to attend remediation programs held before
7802	or after regular school hours or during the summer if
7803	transportation is provided.
7804	Reviser's note.--Amended to correct an erroneous reference
7805	and conform to context. The comprehensive reading plan is
7806	required by s. 1011.62(9).
7807	Section 187.  Subsection (5) of section 1008.345, Florida
7808	Statutes, is amended to read:
7809	1008.345  Implementation of state system of school
7810	improvement and education accountability.--
7811	(5)  The commissioner shall report to the Legislature and
7812	recommend changes in state policy necessary to foster school
7813	improvement and education accountability. Included in the report
7814	shall be a list of the schools, including schools operating for
7815	the purpose of providing educational services to youth in
7816	Department of Juvenile Justice programs, for which district
7817	school boards have developed assistance and intervention plans
7818	and an analysis of the various strategies used by the school
7819	boards. School reports shall be distributed pursuant to this
7820	subsection and s. 1001.42(16)(e) 1006.42(16)(e) and according to
7821	rules adopted by the State Board of Education.
7822	Reviser's note.--Amended to correct an erroneous reference
7823	and conform to context. The cite should be to s.
7824	1001.42(16)(e); s. 1006.42 does not contain a subsection
7825	(16).
7826	Section 188.  Subsection (3) of section 1009.01, Florida
7827	Statutes, is amended to read:
7828	1009.01  Definitions.--The term:
7829	(3)  "Tuition differential" means the supplemental fee
7830	charged to a student for instruction provided by a public
7831	university in this state pursuant to s. 1009.24(16) 1009.24(15).
7832	Reviser's note.--Amended to correct an erroneous reference
7833	and conform to context. Tuition differential is covered in
7834	s. 1009.24(16).
7835	Section 189.  Paragraph (f) of subsection (13) of section
7836	1009.24, Florida Statutes, as amended by section 5 of chapter
7837	2007-329, Laws of Florida, is amended to read:
7838	1009.24  State university student fees.--
7839	(13)  Each university board of trustees is authorized to
7840	establish the following fees:
7841	(f)  A fee for miscellaneous health-related charges for
7842	services provided at cost by the university health center which
7843	are not covered by the health fee set under subsection (11)
7844	(10).
7845	Reviser's note.--Amended to conform to the addition of a
7846	new subsection (3) by s. 133, ch. 2007-217, Laws of
7847	Florida, and the redesignation of subsequent subsections by
7848	that provision.
7849	Section 190.  Paragraph (b) of subsection (2) of section
7850	1009.98, Florida Statutes, is amended to read:
7851	1009.98  Stanley G. Tate Florida Prepaid College Program.--
7852	(2)  PREPAID COLLEGE PLANS.--At a minimum, the board shall
7853	make advance payment contracts available for two independent
7854	plans to be known as the community college plan and the
7855	university plan. The board may also make advance payment
7856	contracts available for a dormitory residence plan. The board
7857	may restrict the number of participants in the community college
7858	plan, university plan, and dormitory residence plan,
7859	respectively. However, any person denied participation solely on
7860	the basis of such restriction shall be granted priority for
7861	participation during the succeeding year.
7862	(b)1.  Through the university plan, the advance payment
7863	contract shall provide prepaid registration fees for a specified
7864	number of undergraduate semester credit hours not to exceed the
7865	average number of hours required for the conference of a
7866	baccalaureate degree. Qualified beneficiaries shall bear the
7867	cost of any laboratory fees associated with enrollment in
7868	specific courses. Each qualified beneficiary shall be classified
7869	as a resident for tuition purposes pursuant to s. 1009.21,
7870	regardless of his or her actual legal residence.
7871	2.  Effective July 1, 1998, the board may provide advance
7872	payment contracts for additional fees delineated in s.
7873	1009.24(9)-(12) 1009.24(8)-(11), for a specified number of
7874	undergraduate semester credit hours not to exceed the average
7875	number of hours required for the conference of a baccalaureate
7876	degree, in conjunction with advance payment contracts for
7877	registration fees. Such contracts shall provide prepaid coverage
7878	for the sum of such fees, to a maximum of 45 percent of the cost
7879	of registration fees. University plan contracts purchased prior
7880	to July 1, 1998, shall be limited to the payment of registration
7881	fees as defined in s. 1009.97.
7882	3.  Effective July 1, 2007, the board may provide advance
7883	payment contracts for the tuition differential authorized in s.
7884	1009.24(16) 1009.24(15) for a specified number of undergraduate
7885	semester credit hours, which may not exceed the average number
7886	of hours required for the conference of a baccalaureate degree,
7887	in conjunction with advance payment contracts for registration
7888	fees.
7889	Reviser's note.--Amended to conform to the redesignation of
7890	subunits within s. 1009.24 by s. 133, ch. 2007-217, Laws of
7891	Florida. Paragraph (2)(b) was also amended to correct an
7892	erroneous reference and conform to context. Tuition
7893	differential is covered in s. 1009.24(16).
7894	Section 191.  Subsection (5) of section 1011.48, Florida
7895	Statutes, is amended to read:
7896	1011.48  Establishment of educational research centers for
7897	child development.--
7898	(5)  Each educational research center for child development
7899	shall be funded by a portion of the Capital Improvement Trust
7900	Fund fee established by the Board of Governors pursuant to s.
7901	1009.24(8) 1009.24(7). Each university that establishes a center
7902	shall receive a portion of such fees collected from the students
7903	enrolled at that university, usable only at that university,
7904	equal to 22.5 cents per student per credit hour taken per term,
7905	based on the summer term and fall and spring semesters. This
7906	allocation shall be used by the university only for the
7907	establishment and operation of a center as provided by this
7908	section and rules adopted hereunder. Said allocation may be made
7909	only after all bond obligations required to be paid from such
7910	fees have been met.
7911	Reviser's note.--Amended to conform to the redesignation of
7912	subunits within s. 1009.24 by s. 133, ch. 2007-217, Laws of
7913	Florida.
7914	Section 192.  Paragraph (c) of subsection (2) of section
7915	1012.61, Florida Statutes, is amended to read:
7916	1012.61  Sick leave.--
7917	(2)  PROVISIONS GOVERNING SICK LEAVE.--The following
7918	provisions shall govern sick leave:
7919	(c)  Compensation.--Any employee having unused sick leave
7920	credit shall receive full-time compensation for the time
7921	justifiably absent on sick leave, but no compensation may be
7922	allowed beyond that which may be provided in subparagraph
7923	(2)(a)4 subsection (4).
7924	Reviser's note.--Amended to correct an erroneous reference
7925	and conform to context. The cited subsection does not
7926	exist. Subparagraph (2)(a)4. relates to compensation for
7927	terminal pay for accumulated sick leave.
7928	Section 193.  Section 1012.875, Florida Statutes, is
7929	amended to read:
7930	1012.875  State Community College System Optional
7931	Retirement Program.--Each community college may implement an
7932	optional retirement program, if such program is established
7933	therefor pursuant to s. 1001.64(20), under which annuity or
7934	other contracts providing retirement and death benefits may be
7935	purchased by, and on behalf of, eligible employees who
7936	participate in the program, in accordance with s. 403(b) of the
7937	Internal Revenue Code. Except as otherwise provided herein, this
7938	retirement program, which shall be known as the State Community
7939	College System Optional Retirement Program, may be implemented
7940	and administered only by an individual community college or by a
7941	consortium of community colleges.
7942	(1)  As used in this section, the term:
7943	(a)  "Activation" means the date upon which an optional
7944	retirement program is first made available by the program
7945	administrator to eligible employees.
7946	(b)  "College" means community colleges as defined in s.
7947	1000.21.
7948	(c)  "Department" means the Department of Management
7949	Services.
7950	(d)  "Program administrator" means the individual college
7951	or consortium of colleges responsible for implementing and
7952	administering an optional retirement program.
7953	(e)  "Program participant" means an eligible employee who
7954	has elected to participate in an available optional retirement
7955	program as authorized by this section.
7956	(2)  Participation in the optional retirement program
7957	provided by this section is limited to employees who satisfy the
7958	criteria set forth in s. 121.051(2)(c).
7959	(3)(a)  With respect to any employee who is eligible to
7960	participate in the optional retirement program by reason of
7961	qualifying employment commencing before the program's
7962	activation:
7963	1.  The employee may elect to participate in the optional
7964	retirement program in lieu of participation in the Florida
7965	Retirement System. To become a program participant, the employee
7966	must file with the personnel officer of the college, within 90
7967	days after the program's activation, a written election on a
7968	form provided by the Florida Retirement System and a completed
7969	application for an individual contract or certificate.
7970	2.  An employee's participation in the optional retirement
7971	program commences on the first day of the next full calendar
7972	month following the filing of the election and completed
7973	application with the program administrator and receipt of such
7974	election by the department. An employee's membership in the
7975	Florida Retirement System terminates on this same date.
7976	3.  Any such employee who fails to make an election to
7977	participate in the optional retirement program within 60 days
7978	after its activation has elected to retain membership in the
7979	Florida Retirement System.
7980	(b)  With respect to any employee who becomes eligible to
7981	participate in an optional retirement program by reason of
7982	qualifying employment commencing on or after the program's
7983	activation:
7984	1.  The employee may elect to participate in the optional
7985	retirement program in lieu of participation in the Florida
7986	Retirement System. To become a program participant, the employee
7987	must file with the personnel officer of the college, within 90
7988	days after commencing qualifying employment as provided in s.
7989	121.051(2)(c)4., a written election on a form provided by the
7990	Florida Retirement System and a completed application for an
7991	individual contract or certificate.
7992	2.  An employee's participation in the optional retirement
7993	program commences retroactive to the first day of qualifying
7994	employment following the filing of the election and completed
7995	application with the program administrator and receipt of such
7996	election by the department. An employee's membership in the
7997	Florida Retirement System terminates on this same date.
7998	3.  Any such employee who fails to make an election to
7999	participate in the optional retirement program within 90 days
8000	after commencing qualifying employment has elected to retain
8001	membership in the Florida Retirement System.
8002	(c)  Any employee who, on or after an optional retirement
8003	program's activation, becomes eligible to participate in the
8004	program by reason of a change in status due to the subsequent
8005	designation of the employee's position as one of those
8006	referenced in subsection (2), or due to the employee's
8007	appointment, promotion, transfer, or reclassification to a
8008	position referenced in subsection (2), must be notified by the
8009	college of the employee's eligibility to participate in the
8010	optional retirement program in lieu of participation in the
8011	Florida Retirement System. These eligible employees are subject
8012	to the provisions of paragraph (b) and may elect to participate
8013	in the optional retirement program in the same manner as those
8014	employees described in paragraph (b), except that the 90-day
8015	election period commences upon the date notice of eligibility is
8016	received by the employee and participation in the program begins
8017	the first day of the first full calendar month that the change
8018	in status becomes effective.
8019	(d)  Program participants must be fully and immediately
8020	vested in the optional retirement program upon issuance of an
8021	optional retirement program contract.
8022	(e)  The election by an eligible employee to participate in
8023	the optional retirement program is irrevocable for so long as
8024	the employee continues to meet the eligibility requirements set
8025	forth in this section and in s. 121.051(2)(c), except as
8026	provided in paragraph (i) or as provided in s. 121.051(2)(c)3.
8027	(f)  If a program participant becomes ineligible to
8028	continue participating in the optional retirement program
8029	pursuant to the criteria referenced in subsection (2), the
8030	employee becomes a member of the Florida Retirement System if
8031	eligible. The college must notify the department of an
8032	employee's change in eligibility status within 30 days after the
8033	event that makes the employee ineligible to continue
8034	participation in the optional retirement program.
8035	(g)  An eligible employee who is a member of the Florida
8036	Retirement System at the time of election to participate in the
8037	optional retirement program retains all retirement service
8038	credit earned under the Florida Retirement System at the rate
8039	earned. Additional service credit in the Florida Retirement
8040	System may not be earned while the employee participates in the
8041	optional retirement program, nor is the employee eligible for
8042	disability retirement under the Florida Retirement System. An
8043	eligible employee may transfer from the Florida Retirement
8044	System to his or her accounts under the State Community College
8045	System Optional Retirement Program a sum representing the
8046	present value of his or her service credit accrued under the
8047	defined benefit program of the Florida Retirement System for the
8048	period between his or her first eligible transfer date from the
8049	defined benefit plan to the optional retirement program and the
8050	actual date of such transfer as provided in s. 121.051(2)(c)7.
8051	Upon such transfer, all such service credit previously earned
8052	under the defined benefit program of the Florida Retirement
8053	System during this period shall be nullified for purposes of
8054	entitlement to a future benefit under the defined benefit
8055	program of the Florida Retirement System.
8056	(h)  A program participant may not simultaneously
8057	participate in any other state-administered retirement system,
8058	plan, or class.
8059	(i)  Except as provided in s. 121.052(6)(d), a program
8060	participant who is or who becomes dually employed in two or more
8061	positions covered by the Florida Retirement System, one of which
8062	is eligible for an optional retirement program pursuant to this
8063	section and one of which is not, is subject to the dual
8064	employment provisions of chapter 121.
8065	(4)(a)  Each college must contribute on behalf of each
8066	program participant an amount equal to 10.43 percent of the
8067	participant's gross monthly compensation. The college shall
8068	deduct an amount approved by the district board of trustees of
8069	the college to provide for the administration of the optional
8070	retirement program. Payment of this contribution must be made
8071	either directly by the college or through the program
8072	administrator to the designated company contracting for payment
8073	of benefits to the program participant.
8074	(b)  Each college must contribute on behalf of each program
8075	participant an amount equal to the unfunded actuarial accrued
8076	liability portion of the employer contribution which would be
8077	required if the program participant were a member of the Regular
8078	Class of the Florida Retirement System. Payment of this
8079	contribution must be made directly by the college to the
8080	department for deposit in the Florida Retirement System Trust
8081	Fund.
8082	(c)  Each program participant who has been issued an
8083	optional retirement program contract may contribute by way of
8084	salary reduction or deduction a percentage of the program
8085	participant's gross compensation, but this percentage may not
8086	exceed the corresponding percentage contributed by the community
8087	college to the optional retirement program. Payment of this
8088	contribution may be made either directly by the college or
8089	through the program administrator to the designated company
8090	contracting for payment of benefits to the program participant.
8091	(d)  Contributions to an optional retirement program by a
8092	college or a program participant are in addition to, and have no
8093	effect upon, contributions required now or in future by the
8094	federal Social Security Act.
8095	(e)  The college may accept for deposit into participant
8096	account or accounts contributions in the form of rollovers or
8097	direct trustee-to-trustee transfers by or on behalf of
8098	participants who are reasonably determined by the college to be
8099	eligible for rollover or transfer to the optional retirement
8100	program pursuant to the Internal Revenue Code, if such
8101	contributions are made in accordance with the applicable
8102	requirements of the college. Accounting for such contributions
8103	shall be in accordance with any applicable requirements of the
8104	Internal Revenue Code and the college.
8105	(5)(a)  The benefits to be provided to program participants
8106	must be provided through contracts, including individual
8107	contracts or individual certificates issued for group annuity or
8108	other contracts, which may be fixed, variable, or both, in
8109	accordance with s. 403(b) of the Internal Revenue Code. Each
8110	individual contract or certificate must state the type of
8111	contract on its face page, and must include at least a statement
8112	of ownership, the contract benefits, distribution options,
8113	limitations, expense charges, and surrender charges, if any.
8114	(b)  Benefits are payable under the optional retirement
8115	program to program participants or their beneficiaries, and the
8116	benefits must be paid only by the designated company in
8117	accordance with the terms of the contracts applicable to the
8118	program participant. Benefits shall accrue in individual
8119	accounts that are participant-directed, portable, and funded by
8120	employer contributions and the earnings thereon. Benefits funded
8121	by employer contributions are payable in accordance with the
8122	following terms and conditions:
8123	1.  Benefits shall be payable only to a participant, to his
8124	or her beneficiaries, or to his or her estate, as designated by
8125	the participant.
8126	2.  Benefits shall be paid by the provider company or
8127	companies in accordance with the law, the provisions of the
8128	contract, and any applicable employer rule or policy.
8129	3.  In the event of a participant's death, moneys
8130	accumulated by, or on behalf of, the participant, less
8131	withholding taxes remitted to the Internal Revenue Service, if
8132	any, shall be distributed to the participant's designated
8133	beneficiary or beneficiaries, or to the participant's estate, as
8134	if the participant retired on the date of death as provided in
8135	paragraph (d). No other death benefits shall be available for
8136	survivors of participants under the optional retirement program
8137	except for such benefits, or coverage for such benefits, as are
8138	separately afforded by the employer at the employer's
8139	discretion.
8140	(c)  Upon receipt by the provider company of a properly
8141	executed application for distribution of benefits, the total
8142	accumulated benefits shall be payable to the participant as:
8143	1.  A lump-sum distribution to the participant;
8144	2.  A lump-sum direct rollover distribution whereby all
8145	accrued benefits, plus interest and investment earnings, are
8146	paid from the participant's account directly to an eligible
8147	retirement plan as defined in s. 402(c)(8)(B) of the Internal
8148	Revenue Code, on behalf of the participant;
8149	3.  Periodic distributions;
8150	4.  A partial lump-sum payment whereby a portion of the
8151	accrued benefit is paid to the participant and the remaining
8152	amount is transferred to an eligible retirement plan, as defined
8153	in s. 402(c)(8)(B) of the Internal Revenue Code, on behalf of
8154	the participant; or
8155	5.  Such other distribution options as are provided for in
8156	the participant's optional retirement program contract.
8157	(d)  Survivor benefits shall be payable as:
8158	1.  A lump-sum distribution payable to the beneficiaries or
8159	to the deceased participant's estate;
8160	2.  An eligible rollover distribution on behalf of the
8161	surviving spouse or beneficiary of a deceased participant
8162	whereby all accrued benefits, plus interest and investment
8163	earnings, are paid from the deceased participant's account
8164	directly to an eligible retirement plan, as described in s.
8165	402(c)(8)(B) of the Internal Revenue Code, on behalf of the
8166	surviving spouse;
8167	3.  Such other distribution options as are provided for in
8168	the participant's optional retirement program contract; or
8169	4.  A partial lump-sum payment whereby a portion of the
8170	accrued benefits are paid to the deceased participant's
8171	surviving spouse or other designated beneficiaries, less
8172	withholding taxes remitted to the Internal Revenue Service, if
8173	any, and the remaining amount is transferred directly to an
8174	eligible retirement plan, as described in s. 402(c)(8)(B) of the
8175	Internal Revenue Code, on behalf of the surviving spouse. The
8176	proportions must be specified by the participant or the
8177	surviving beneficiary.
8178
8179	Nothing in this paragraph abrogates other applicable provisions
8180	of state or federal law providing payment of death benefits.
8181	(e)  The benefits payable to any person under the optional
8182	retirement program, and any contribution accumulated under the
8183	program, are not subject to assignment, execution, attachment,
8184	or to any legal process whatsoever.
8185	(6)(a)  The optional retirement program authorized by this
8186	section must be implemented and administered by the program
8187	administrator under s. 403(b) of the Internal Revenue Code. The
8188	program administrator has the express authority to contract with
8189	a third party to fulfill any of the program administrator's
8190	duties.
8191	(b)  The program administrator shall solicit competitive
8192	bids or issue a request for proposal and select no more than
8193	four companies from which optional retirement program contracts
8194	may be purchased under the optional retirement program. In
8195	making these selections, the program administrator shall
8196	consider the following factors:
8197	1.  The financial soundness of the company.
8198	2.  The extent of the company's experience in providing
8199	annuity or other contracts to fund retirement programs.
8200	3.  The nature and extent of the rights and benefits
8201	provided to program participants in relation to the premiums
8202	paid.
8203	4.  The suitability of the rights and benefits provided to
8204	the needs of eligible employees and the interests of the college
8205	in the recruitment and retention of employees.
8206
8207	In lieu of soliciting competitive bids or issuing a request for
8208	proposals, the program administrator may authorize the purchase
8209	of annuity contracts under the optional retirement program from
8210	those companies currently selected by the department to offer
8211	such contracts through the State University System Optional
8212	Retirement Program, as set forth in s. 121.35.
8213	(c)  Optional retirement program annuity contracts must be
8214	approved in form and content by the program administrator in
8215	order to qualify. The program administrator may use the same
8216	annuity contracts currently used within the State University
8217	System Optional Retirement Program, as set forth in s. 121.35.
8218	(d)  The provision of each annuity contract applicable to a
8219	program participant must be contained in a written program
8220	description that includes a report of pertinent financial and
8221	actuarial information on the solvency and actuarial soundness of
8222	the program and the benefits applicable to the program
8223	participant. The company must furnish the description annually
8224	to the program administrator, and to each program participant
8225	upon commencement of participation in the program and annually
8226	thereafter.
8227	(e)  The program administrator must ensure that each
8228	program participant is provided annually with an accounting of
8229	the total contributions and the annual contributions made by and
8230	on the behalf of the program participant.
8231	Reviser's note.--Amended to conform to the complete title
8232	of the State Community College System Optional Retirement
8233	Program as referenced in the section.
8234	Section 194.  Subsection (1) of section 1013.73, Florida
8235	Statutes, is amended to read:
8236	1013.73  Effort index grants for school district
8237	facilities.--
8238	(1)  The Legislature hereby allocates for effort index
8239	grants the sum of $300 million from the funds appropriated from
8240	the Educational Enhancement Trust Fund by s. 46, chapter 97-384,
8241	Laws of Florida, contingent upon the sale of school capital
8242	outlay bonds. From these funds, the Commissioner of Education
8243	shall allocate to the four school districts deemed eligible for
8244	an effort index grant by the SMART Schools Clearinghouse the
8245	sums of $7,442,890 to the Clay County School District,
8246	$62,755,920 to the Miami-Dade County Public Schools Dade County
8247	School District, $1,628,590 to the Hendry County School
8248	District, and $414,950 to the Madison County School District.
8249	The remaining funds shall be allocated among the remaining
8250	district school boards that qualify for an effort index grant by
8251	meeting the local capital outlay effort criteria in paragraph
8252	(a) or paragraph (b).
8253	(a)  Between July 1, 1995, and June 30, 1999, the school
8254	district received direct proceeds from the one-half-cent sales
8255	surtax for public school capital outlay authorized by s.
8256	212.055(6) or from the local government infrastructure sales
8257	surtax authorized by s. 212.055(2).
8258	(b)  The school district met two of the following criteria:
8259	1.  Levied the full 2 mills of nonvoted discretionary
8260	capital outlay authorized by s. 1011.71(2) during 1995-1996,
8261	1996-1997, 1997-1998, and 1998-1999.
8262	2.  Levied a cumulative voted millage for capital outlay
8263	and debt service equal to 2.5 mills for fiscal years 1995
8264	through 1999.
8265	3.  Received proceeds of school impact fees greater than
8266	$500 per dwelling unit which were in effect on July 1, 1998.
8267	4.  Received direct proceeds from either the one-half-cent
8268	sales surtax for public school capital outlay authorized by s.
8269	212.055(6) or from the local government infrastructure sales
8270	surtax authorized by s. 212.055(2).
8271	Reviser's note.--Amended to conform to the current name of
8272	the school district and the redesignation of Dade County as
8273	Miami-Dade County by s. 1-4.2 of the Miami-Dade County
8274	Code.
8275	Section 195.  This act shall take effect on the 60th day
8276	after adjournment sine die of the session of the Legislature in
8277	which enacted.

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