HB 7063

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	7.06, 11.45, 17.0315, 112.354, 112.361, 112.363, 120.55,
4	121.053, 121.081, 121.091, 163.31771, 163.3180, 175.071,
5	185.06, 192.001, 192.0105, 193.1555, 193.503, 193.703,
6	196.011, 196.075, 196.1975, 196.1977, 197.402, 200.069,
7	210.1801, 211.06, 212.098, 215.211, 238.07, 238.071,
8	238.09, 255.043, 260.019, 265.2865, 265.32, 265.606,
9	265.701, 282.201, 282.204, 282.318, 282.702, 288.012,
10	288.021, 288.0656, 288.1081, 288.1169, 288.1224, 311.12,
11	311.121, 311.122, 318.18, 318.21, 321.02, 322.271, 327.73,
12	334.044, 337.0261, 337.16, 338.235, 365.172, 373.046,
13	373.236, 376.30713, 377.709, 380.06, 394.875, 394.9082,
14	395.4036, 397.311, 397.334, 400.141, 400.474, 403.0872,
15	403.93345, 403.9336, 408.0361, 408.05, 408.820, 409.816,
16	409.908, 409.911, 409.912, 409.91211, 420.628, 430.04,
17	440.105, 443.1117, 445.049, 450.231, 456.041, 466.0067,
18	472.016, 472.036, 473.315, 489.119, 494.00321, 494.00611,
19	494.0066, 501.1377, 517.191, 526.144, 556.105, 569.19,
20	589.011, 627.062, 627.351, 733.817, 817.36, 921.002,
21	934.02, 1002.335, 1003.57, 1004.87, 1011.71, and 1011.73,
22	F.S.; reenacting ss. 120.52, 381.84(6), 409.905(5),
23	624.91(6), and 1013.45(1), F.S.; and repealing ss. 28.39,
24	34.205, 39.4086, 282.5001, 282.5002, 282.5003, 282.5004,
25	282.5005, 282.5006, 282.5007, 282.5008, 322.181, 381.912,
26	382.357, 400.195, and 576.092, F.S., pursuant to s.
27	11.242, F.S.; deleting provisions that have expired, have
28	become obsolete, have had their effect, have served their
29	purpose, or have been impliedly repealed or superseded;
30	replacing incorrect cross-references and citations;
31	correcting grammatical, typographical, and like errors;
32	removing inconsistencies, redundancies, and unnecessary
33	repetition in the statutes; improving the clarity of the
34	statutes and facilitating their correct interpretation;
35	and confirming the restoration of provisions
36	unintentionally omitted from republication in the acts of
37	the Legislature during the amendatory process; providing
38	an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Section 7.06, Florida Statutes, as amended by
43	section 1 of chapter 2007-222, Laws of Florida, is amended to
44	read:
45	7.06  Broward County.-The boundary lines of Broward County
46	are as follows: Beginning on the east boundary of the State of
47	Florida at a point where the south boundary of township forty-
48	seven south of range forty-three east, produced easterly, would
49	intersect the same; thence westerly on said township boundary to
50	its intersection with the axis or center line of Hillsborough
51	State Drainage Canal, as at present located and constructed;
52	thence westerly along the center line of said canal to its
53	intersection with the range line dividing ranges forty and
54	forty-one east; thence south on the range line dividing ranges
55	forty and forty-one east, of township forty-seven south, to the
56	northeast corner of section twenty-five of township forty-seven,
57	south, of range forty east; thence due west on the north
58	boundaries of the sections numbered from twenty-five to thirty,
59	inclusive, of townships forty-seven south, of ranges thirty-
60	seven to forty east, inclusive, as the same have been surveyed,
61	or may hereafter be surveyed, by the authority of the Board of
62	Trustees of the Internal Improvement Trust Fund, to the
63	northwest corner of section thirty of township forty-seven
64	south, of range thirty-seven east; thence continuing due west to
65	the range line between ranges thirty-four and thirty-five east;
66	thence southerly on the range line dividing ranges thirty-four
67	and thirty-five east, to the southwest corner of township fifty-
68	one south, of range thirty-five east; thence east following the
69	south line of township fifty-one south, across ranges thirty-
70	five, thirty-six, thirty-seven, thirty-eight, thirty-nine and
71	forty, to the southwest corner of township fifty-one south of
72	range forty-one east; thence north on the range line dividing
73	ranges forty and forty-one to the northwest corner of section
74	thirty-one of township fifty-one south, of range forty-one east;
75	thence east on the north boundary of section thirty-one and
76	other sections to the waters of the Atlantic Ocean; thence
77	easterly to the eastern boundary of the State of Florida; thence
78	northerly along said eastern boundary to the point of beginning.
79	In addition, the boundary lines of Broward County include the
80	following: Begin at the northwest corner of section thirty-five,
81	township fifty-one south, range forty-two east, Miami-Dade Dade
82	County, Florida; thence, southerly following the west line of
83	section thirty-five, township fifty-one south, range forty-two
84	east to the intersection with a line which is two hundred and
85	thirty feet south of and parallel to the north line of section
86	thirty-five, township fifty-one south, range forty-two east;
87	thence, easterly following the line which is two hundred and
88	thirty feet south of and parallel to the north line of section
89	thirty-five, township fifty-one south, range forty-two east, to
90	the intersection with the west boundary line of the Town of
91	Golden Beach; thence, northerly following the west boundary line
92	of the Town of Golden Beach to the intersection with the north
93	line of section thirty-five, township fifty-one south, range
94	forty-two east; thence, westerly following the north line of
95	section thirty-five, township fifty-one south, range forty-two
96	east to the point of beginning.
97	Reviser's note.-Amended to conform to the
98	redesignation of Dade County as Miami-Dade County by
99	s. 1-4.2 of the Miami-Dade County Code.
100	Section 2.  Subsection (1) of section 11.45, Florida
101	Statutes, is amended to read:
102	11.45  Definitions; duties; authorities; reports; rules.-
103	(1)  DEFINITIONS.-As used in ss. 11.40-11.513 11.40-11.515,
104	the term:
105	(a)  "Audit" means a financial audit, operational audit, or
106	performance audit.
107	(b)  "County agency" means a board of county commissioners
108	or other legislative and governing body of a county, however
109	styled, including that of a consolidated or metropolitan
110	government, a clerk of the circuit court, a separate or ex
111	officio clerk of the county court, a sheriff, a property
112	appraiser, a tax collector, a supervisor of elections, or any
113	other officer in whom any portion of the fiscal duties of the
114	above are under law separately placed.
115	(c)  "Financial audit" means an examination of financial
116	statements in order to express an opinion on the fairness with
117	which they are presented in conformity with generally accepted
118	accounting principles and an examination to determine whether
119	operations are properly conducted in accordance with legal and
120	regulatory requirements. Financial audits must be conducted in
121	accordance with generally accepted auditing standards and
122	government auditing standards as adopted by the Board of
123	Accountancy.
124	(d)  "Governmental entity" means a state agency, a county
125	agency, or any other entity, however styled, that independently
126	exercises any type of state or local governmental function.
127	(e)  "Local governmental entity" means a county agency,
128	municipality, or special district as defined in s. 189.403, but
129	does not include any housing authority established under chapter
130	421.
131	(f)  "Management letter" means a statement of the auditor's
132	comments and recommendations.
133	(g)  "Operational audit" means a financial-related audit
134	whose purpose is to evaluate management's performance in
135	administering assigned responsibilities in accordance with
136	applicable laws, administrative rules, and other guidelines and
137	to determine the extent to which the internal control, as
138	designed and placed in operation, promotes and encourages the
139	achievement of management's control objectives in the categories
140	of compliance, economic and efficient operations, reliability of
141	financial records and reports, and safeguarding of assets.
142	(h)  "Performance audit" means an examination of a program,
143	activity, or function of a governmental entity, conducted in
144	accordance with applicable government auditing standards or
145	auditing and evaluation standards of other appropriate
146	authoritative bodies. The term includes an examination of issues
147	related to:
148	1.  Economy, efficiency, or effectiveness of the program.
149	2.  Structure or design of the program to accomplish its
150	goals and objectives.
151	3.  Adequacy of the program to meet the needs identified by
152	the Legislature or governing body.
153	4.  Alternative methods of providing program services or
154	products.
155	5.  Goals, objectives, and performance measures used by the
156	agency to monitor and report program accomplishments.
157	6.  The accuracy or adequacy of public documents, reports,
158	or requests prepared under the program by state agencies.
159	7.  Compliance of the program with appropriate policies,
160	rules, or laws.
161	8.  Any other issues related to governmental entities as
162	directed by the Legislative Auditing Committee.
163	(i)  "Political subdivision" means a separate agency or
164	unit of local government created or established by law and
165	includes, but is not limited to, the following and the officers
166	thereof: authority, board, branch, bureau, city, commission,
167	consolidated government, county, department, district,
168	institution, metropolitan government, municipality, office,
169	officer, public corporation, town, or village.
170	(j)  "State agency" means a separate agency or unit of
171	state government created or established by law and includes, but
172	is not limited to, the following and the officers thereof:
173	authority, board, branch, bureau, commission, department,
174	division, institution, office, officer, or public corporation,
175	as the case may be, except any such agency or unit within the
176	legislative branch of state government other than the Florida
177	Public Service Commission.
178	Reviser's note.-Amended to conform to the repeal of s.
179	11.515 by s. 3, ch. 2001-86, Laws of Florida.
180	Section 3.  Subsection (3) of section 17.0315, Florida
181	Statutes, is amended to read:
182	17.0315  Financial and cash management system; task force.-
183	(3)  State agency administrative services directors,
184	finance and accounting officers, and budget directors within all
185	branches of state government shall fully cooperate with the task
186	force in its development of the strategic plan. The task force
187	shall submit to the Governor, the President of the Senate, and
188	the Speaker of the House of Representatives a strategic business
189	plan that includes, but is not limited to:
190	(a)  Identifying problems and opportunities imposed by
191	current law and the current administration with respect to
192	existing state accounting and cash management systems;
193	(b)  Providing developmental solutions to known failures,
194	including, but not limited to, those identified by external
195	review and audit reports;
196	(c)  Recommending business processes, requirements, and
197	governance structure to support a standardized statewide
198	accounting and cash management system;
199	(d)  Evaluating alternative funding approaches to equitably
200	distribute common accounting infrastructure costs across all
201	participating users; and
202	(e)  Providing an enterprise-wide work product that can be
203	used as the basis for a revised competitive procurement process
204	for the implementation of a successor system.
205
206	The Chief Financial Officer shall submit the initial report,
207	along with draft legislation recommended to implement a
208	standardized statewide financial and cash management system, by
209	February 1, 2009.
210	Reviser's note.-Amended to delete a provision
211	requiring submittal of an initial report and draft
212	legislation by February 1, 2009.
213	Section 4.  Section 28.39, Florida Statutes, is repealed.
214	Reviser's note.-Repealed to delete material relating
215	to court fees and costs imposed on or before June 30,
216	2004, and repealed effective July 1, 2004.
217	Section 5.  Section 34.205, Florida Statutes, is repealed.
218	Reviser's note.-Repealed to delete material relating
219	to court fees and costs imposed on or before June 30,
220	2004, and repealed effective July 1, 2004.
221	Section 6.  Section 39.4086, Florida Statutes, is repealed.
222	Reviser's note.-Repealed to delete material relating
223	to a 3-year pilot program for attorneys ad litem and
224	providing for a final report by October 1, 2003.
225	Section 7.  Section 112.354, Florida Statutes, is amended
226	to read:
227	112.354  Eligibility for supplement.-Each retired member
228	or, if applicable, a joint annuitant, except any person
229	receiving survivor benefits under the teachers' retirement
230	system of the state in accordance with s. 238.07(18) 238.07(16),
231	shall be entitled to receive a supplement computed in accordance
232	with s. 112.355 upon:
233	(1)  Furnishing to the Department of Management Services
234	evidence from the Social Security Administration setting forth
235	the retired member's social security benefit or certifying the
236	noninsured status of the retired member under the Social
237	Security Act, and
238	(2)  Filing written application with the Department of
239	Management Services for such supplement.
240	Reviser's note.-Amended to confirm an editorial
241	substitution made to conform to the editorial
242	redesignation of s. 238.07(15A) and (15B) as s.
243	238.07(16) and (17), which necessitated the
244	redesignation of s. 238.07(16) as s. 238.07(18).
245	Section 8.  Subsection (4) of section 112.361, Florida
246	Statutes, is amended to read:
247	112.361  Additional and updated supplemental retirement
248	benefits.-
249	(4)  ELIGIBILITY FOR SUPPLEMENT.-Each retired member or, if
250	applicable, a joint annuitant, except any person receiving
251	survivor's benefits under the Teachers' Retirement System of the
252	state in accordance with s. 238.07(18) 238.07(16), shall be
253	entitled to receive a supplement computed in accordance with
254	subsection (5), upon:
255	(a)  Furnishing to the department evidence from the Social
256	Security Administration setting forth the retired member's
257	social security benefit or certifying the noninsured status of
258	the retired member under the Social Security Act, and
259	(b)  Filing written application with the department for
260	such supplement.
261	Reviser's note.-Amended to confirm an editorial
262	substitution made to conform to the editorial
263	redesignation of s. 238.07(15A) and (15B) as s.
264	238.07(16) and (17), which necessitated the
265	redesignation of s. 238.07(16) as s. 238.07(18).
266	Section 9.  Paragraph (a) of subsection (2) of section
267	112.363, Florida Statutes, is amended to read:
268	112.363  Retiree health insurance subsidy.-
269	(2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.-
270	(a)  A person who is retired under a state-administered
271	retirement system, or a beneficiary who is a spouse or financial
272	dependent entitled to receive benefits under a state-
273	administered retirement system, is eligible for health insurance
274	subsidy payments provided under this section; except that
275	pension recipients under ss. 121.40, 238.07(18)(a)
276	238.07(16)(a), and 250.22, recipients of health insurance
277	coverage under s. 110.1232, or any other special pension or
278	relief act shall not be eligible for such payments.
279	Reviser's note.-Amended to confirm an editorial
280	substitution made to conform to the editorial
281	redesignation of s. 238.07(15A) and (15B) as s.
282	238.07(16) and (17), which necessitated the
283	redesignation of s. 238.07(16) as s. 238.07(18).
284	Section 10.  Section 120.52, Florida Statutes, is reenacted
285	to read:
286	120.52  Definitions.-As used in this act:
287	(1)  "Agency" means the following officers or governmental
288	entities if acting pursuant to powers other than those derived
289	from the constitution:
290	(a)  The Governor; each state officer and state department,
291	and each departmental unit described in s. 20.04; the Board of
292	Governors of the State University System; the Commission on
293	Ethics; the Fish and Wildlife Conservation Commission; a
294	regional water supply authority; a regional planning agency; a
295	multicounty special district, but only when a majority of its
296	governing board is comprised of nonelected persons; educational
297	units; and each entity described in chapters 163, 373, 380, and
298	582 and s. 186.504.
299	(b)  Each officer and governmental entity in the state
300	having statewide jurisdiction or jurisdiction in more than one
301	county.
302	(c)  Each officer and governmental entity in the state
303	having jurisdiction in one county or less than one county, to
304	the extent they are expressly made subject to this act by
305	general or special law or existing judicial decisions.
306
307	This definition does not include any municipality or legal
308	entity created solely by a municipality; any legal entity or
309	agency created in whole or in part pursuant to part II of
310	chapter 361; any metropolitan planning organization created
311	pursuant to s. 339.175; any separate legal or administrative
312	entity created pursuant to s. 339.175 of which a metropolitan
313	planning organization is a member; an expressway authority
314	pursuant to chapter 348 or any transportation authority under
315	chapter 343 or chapter 349; or any legal or administrative
316	entity created by an interlocal agreement pursuant to s.
317	163.01(7), unless any party to such agreement is otherwise an
318	agency as defined in this subsection.
319	(2)  "Agency action" means the whole or part of a rule or
320	order, or the equivalent, or the denial of a petition to adopt a
321	rule or issue an order. The term also includes any denial of a
322	request made under s. 120.54(7).
323	(3)  "Agency head" means the person or collegial body in a
324	department or other governmental unit statutorily responsible
325	for final agency action.
326	(4)  "Committee" means the Administrative Procedures
327	Committee.
328	(5)  "Division" means the Division of Administrative
329	Hearings.
330	(6)  "Educational unit" means a local school district, a
331	community college district, the Florida School for the Deaf and
332	the Blind, or a state university when the university is acting
333	pursuant to statutory authority derived from the Legislature.
334	(7)  "Final order" means a written final decision which
335	results from a proceeding under s. 120.56, s. 120.565, s.
336	120.569, s. 120.57, s. 120.573, or s. 120.574 which is not a
337	rule, and which is not excepted from the definition of a rule,
338	and which has been filed with the agency clerk, and includes
339	final agency actions which are affirmative, negative,
340	injunctive, or declaratory in form. A final order includes all
341	materials explicitly adopted in it. The clerk shall indicate the
342	date of filing on the order.
343	(8)  "Invalid exercise of delegated legislative authority"
344	means action that goes beyond the powers, functions, and duties
345	delegated by the Legislature. A proposed or existing rule is an
346	invalid exercise of delegated legislative authority if any one
347	of the following applies:
348	(a)  The agency has materially failed to follow the
349	applicable rulemaking procedures or requirements set forth in
350	this chapter;
351	(b)  The agency has exceeded its grant of rulemaking
352	authority, citation to which is required by s. 120.54(3)(a)1.;
353	(c)  The rule enlarges, modifies, or contravenes the
354	specific provisions of law implemented, citation to which is
355	required by s. 120.54(3)(a)1.;
356	(d)  The rule is vague, fails to establish adequate
357	standards for agency decisions, or vests unbridled discretion in
358	the agency;
359	(e)  The rule is arbitrary or capricious. A rule is
360	arbitrary if it is not supported by logic or the necessary
361	facts; a rule is capricious if it is adopted without thought or
362	reason or is irrational; or
363	(f)  The rule imposes regulatory costs on the regulated
364	person, county, or city which could be reduced by the adoption
365	of less costly alternatives that substantially accomplish the
366	statutory objectives.
367
368	A grant of rulemaking authority is necessary but not sufficient
369	to allow an agency to adopt a rule; a specific law to be
370	implemented is also required. An agency may adopt only rules
371	that implement or interpret the specific powers and duties
372	granted by the enabling statute. No agency shall have authority
373	to adopt a rule only because it is reasonably related to the
374	purpose of the enabling legislation and is not arbitrary and
375	capricious or is within the agency's class of powers and duties,
376	nor shall an agency have the authority to implement statutory
377	provisions setting forth general legislative intent or policy.
378	Statutory language granting rulemaking authority or generally
379	describing the powers and functions of an agency shall be
380	construed to extend no further than implementing or interpreting
381	the specific powers and duties conferred by the enabling
382	statute.
383	(9)  "Law implemented" means the language of the enabling
384	statute being carried out or interpreted by an agency through
385	rulemaking.
386	(10)  "License" means a franchise, permit, certification,
387	registration, charter, or similar form of authorization required
388	by law, but it does not include a license required primarily for
389	revenue purposes when issuance of the license is merely a
390	ministerial act.
391	(11)  "Licensing" means the agency process respecting the
392	issuance, denial, renewal, revocation, suspension, annulment,
393	withdrawal, or amendment of a license or imposition of terms for
394	the exercise of a license.
395	(12)  "Official reporter" means the publication in which an
396	agency publishes final orders, the index to final orders, and
397	the list of final orders which are listed rather than published.
398	(13)  "Party" means:
399	(a)  Specifically named persons whose substantial interests
400	are being determined in the proceeding.
401	(b)  Any other person who, as a matter of constitutional
402	right, provision of statute, or provision of agency regulation,
403	is entitled to participate in whole or in part in the
404	proceeding, or whose substantial interests will be affected by
405	proposed agency action, and who makes an appearance as a party.
406	(c)  Any other person, including an agency staff member,
407	allowed by the agency to intervene or participate in the
408	proceeding as a party. An agency may by rule authorize limited
409	forms of participation in agency proceedings for persons who are
410	not eligible to become parties.
411	(d)  Any county representative, agency, department, or unit
412	funded and authorized by state statute or county ordinance to
413	represent the interests of the consumers of a county, when the
414	proceeding involves the substantial interests of a significant
415	number of residents of the county and the board of county
416	commissioners has, by resolution, authorized the representative,
417	agency, department, or unit to represent the class of interested
418	persons. The authorizing resolution shall apply to a specific
419	proceeding and to appeals and ancillary proceedings thereto, and
420	it shall not be required to state the names of the persons whose
421	interests are to be represented.
422
423	The term "party" does not include a member government of a
424	regional water supply authority or a governmental or quasi-
425	judicial board or commission established by local ordinance or
426	special or general law where the governing membership of such
427	board or commission is shared with, in whole or in part, or
428	appointed by a member government of a regional water supply
429	authority in proceedings under s. 120.569, s. 120.57, or s.
430	120.68, to the extent that an interlocal agreement under ss.
431	163.01 and 373.1962 exists in which the member government has
432	agreed that its substantial interests are not affected by the
433	proceedings or that it is to be bound by alternative dispute
434	resolution in lieu of participating in the proceedings. This
435	exclusion applies only to those particular types of disputes or
436	controversies, if any, identified in an interlocal agreement.
437	(14)  "Person" means any person described in s. 1.01, any
438	unit of government in or outside the state, and any agency
439	described in subsection (1).
440	(15)  "Recommended order" means the official recommendation
441	of an administrative law judge assigned by the division or of
442	any other duly authorized presiding officer, other than an
443	agency head or member of an agency head, for the final
444	disposition of a proceeding under ss. 120.569 and 120.57.
445	(16)  "Rule" means each agency statement of general
446	applicability that implements, interprets, or prescribes law or
447	policy or describes the procedure or practice requirements of an
448	agency and includes any form which imposes any requirement or
449	solicits any information not specifically required by statute or
450	by an existing rule. The term also includes the amendment or
451	repeal of a rule. The term does not include:
452	(a)  Internal management memoranda which do not affect
453	either the private interests of any person or any plan or
454	procedure important to the public and which have no application
455	outside the agency issuing the memorandum.
456	(b)  Legal memoranda or opinions issued to an agency by the
457	Attorney General or agency legal opinions prior to their use in
458	connection with an agency action.
459	(c)  The preparation or modification of:
460	1.  Agency budgets.
461	2.  Statements, memoranda, or instructions to state
462	agencies issued by the Chief Financial Officer or Comptroller as
463	chief fiscal officer of the state and relating or pertaining to
464	claims for payment submitted by state agencies to the Chief
465	Financial Officer or Comptroller.
466	3.  Contractual provisions reached as a result of
467	collective bargaining.
468	4.  Memoranda issued by the Executive Office of the
469	Governor relating to information resources management.
470	(17)  "Rulemaking authority" means statutory language that
471	explicitly authorizes or requires an agency to adopt, develop,
472	establish, or otherwise create any statement coming within the
473	definition of the term "rule."
474	(18)  "Small city" means any municipality that has an
475	unincarcerated population of 10,000 or less according to the
476	most recent decennial census.
477	(19)  "Small county" means any county that has an
478	unincarcerated population of 75,000 or less according to the
479	most recent decennial census.
480	(20)  "Unadopted rule" means an agency statement that meets
481	the definition of the term "rule," but that has not been adopted
482	pursuant to the requirements of s. 120.54.
483	(21)  "Variance" means a decision by an agency to grant a
484	modification to all or part of the literal requirements of an
485	agency rule to a person who is subject to the rule. Any variance
486	shall conform to the standards for variances outlined in this
487	chapter and in the uniform rules adopted pursuant to s.
488	120.54(5).
489	(22)  "Waiver" means a decision by an agency not to apply
490	all or part of a rule to a person who is subject to the rule.
491	Any waiver shall conform to the standards for waivers outlined
492	in this chapter and in the uniform rules adopted pursuant to s.
493	120.54(5).
494	Reviser's note.-Section 1, ch. 2009-85, Laws of
495	Florida, amended s. 120.52 without publishing
496	subsections (2)-(22). Absent affirmative evidence of
497	legislative intent to repeal the omitted subsections,
498	the section is reenacted to confirm the omissions were
499	not intended.
500	Section 11.  Paragraph (a) of subsection (1) of section
501	120.55, Florida Statutes, is amended to read:
502	120.55  Publication.-
503	(1)  The Department of State shall:
504	(a)1.  Through a continuous revision system, compile and
505	publish the "Florida Administrative Code." The Florida
506	Administrative Code shall contain all rules adopted by each
507	agency, citing the grant of rulemaking authority and the
508	specific law implemented pursuant to which each rule was
509	adopted, all history notes as authorized in s. 120.545(7)
510	120.545(8), and complete indexes to all rules contained in the
511	code. Supplementation shall be made as often as practicable, but
512	at least monthly. The department may contract with a publishing
513	firm for the publication, in a timely and useful form, of the
514	Florida Administrative Code; however, the department shall
515	retain responsibility for the code as provided in this section.
516	This publication shall be the official compilation of the
517	administrative rules of this state. The Department of State
518	shall retain the copyright over the Florida Administrative Code.
519	2.  Rules general in form but applicable to only one school
520	district, community college district, or county, or a part
521	thereof, or state university rules relating to internal
522	personnel or business and finance shall not be published in the
523	Florida Administrative Code. Exclusion from publication in the
524	Florida Administrative Code shall not affect the validity or
525	effectiveness of such rules.
526	3.  At the beginning of the section of the code dealing
527	with an agency that files copies of its rules with the
528	department, the department shall publish the address and
529	telephone number of the executive offices of each agency, the
530	manner by which the agency indexes its rules, a listing of all
531	rules of that agency excluded from publication in the code, and
532	a statement as to where those rules may be inspected.
533	4.  Forms shall not be published in the Florida
534	Administrative Code; but any form which an agency uses in its
535	dealings with the public, along with any accompanying
536	instructions, shall be filed with the committee before it is
537	used. Any form or instruction which meets the definition of
538	"rule" provided in s. 120.52 shall be incorporated by reference
539	into the appropriate rule. The reference shall specifically
540	state that the form is being incorporated by reference and shall
541	include the number, title, and effective date of the form and an
542	explanation of how the form may be obtained. Each form created
543	by an agency which is incorporated by reference in a rule notice
544	of which is given under s. 120.54(3)(a) after December 31, 2007,
545	must clearly display the number, title, and effective date of
546	the form and the number of the rule in which the form is
547	incorporated.
548	Reviser's note.-Amended to correct an apparent error
549	and conform to context. Prior to the amendment of s.
550	120.55 by ss. 8 and 9, ch. 2008-104, Laws of Florida,
551	the reference to history notes was cited at s.
552	120.545(9); s. 120.545(9) became s. 120.545(7) by s.
553	7, ch. 2008-104; current s. 120.545(7) references
554	history notes.
555	Section 12.  Effective July 1, 2010, paragraph (a) of
556	subsection (1) of section 120.55, Florida Statutes, as amended
557	by section 9 of chapter 2008-104, Laws of Florida, is amended to
558	read:
559	120.55  Publication.-
560	(1)  The Department of State shall:
561	(a)1.  Through a continuous revision system, compile and
562	publish electronically, on an Internet website managed by the
563	department, the "Florida Administrative Code." The Florida
564	Administrative Code shall contain all rules adopted by each
565	agency, citing the grant of rulemaking authority and the
566	specific law implemented pursuant to which each rule was
567	adopted, all history notes as authorized in s. 120.545(7)
568	120.545(8), complete indexes to all rules contained in the code,
569	and any other material required or authorized by law or deemed
570	useful by the department. The electronic code shall display each
571	rule chapter currently in effect in browse mode and allow full
572	text search of the code and each rule chapter. The department
573	shall publish a printed version of the Florida Administrative
574	Code and may contract with a publishing firm for such printed
575	publication; however, the department shall retain responsibility
576	for the code as provided in this section. Supplementation of the
577	printed code shall be made as often as practicable, but at least
578	monthly. The printed publication shall be the official
579	compilation of the administrative rules of this state. The
580	Department of State shall retain the copyright over the Florida
581	Administrative Code.
582	2.  Rules general in form but applicable to only one school
583	district, community college district, or county, or a part
584	thereof, or state university rules relating to internal
585	personnel or business and finance shall not be published in the
586	Florida Administrative Code. Exclusion from publication in the
587	Florida Administrative Code shall not affect the validity or
588	effectiveness of such rules.
589	3.  At the beginning of the section of the code dealing
590	with an agency that files copies of its rules with the
591	department, the department shall publish the address and
592	telephone number of the executive offices of each agency, the
593	manner by which the agency indexes its rules, a listing of all
594	rules of that agency excluded from publication in the code, and
595	a statement as to where those rules may be inspected.
596	4.  Forms shall not be published in the Florida
597	Administrative Code; but any form which an agency uses in its
598	dealings with the public, along with any accompanying
599	instructions, shall be filed with the committee before it is
600	used. Any form or instruction which meets the definition of
601	"rule" provided in s. 120.52 shall be incorporated by reference
602	into the appropriate rule. The reference shall specifically
603	state that the form is being incorporated by reference and shall
604	include the number, title, and effective date of the form and an
605	explanation of how the form may be obtained. Each form created
606	by an agency which is incorporated by reference in a rule notice
607	of which is given under s. 120.54(3)(a) after December 31, 2007,
608	must clearly display the number, title, and effective date of
609	the form and the number of the rule in which the form is
610	incorporated.
611	5.  The department shall allow material incorporated by
612	reference to be filed in electronic form as prescribed by
613	department rule. When a rule is filed for adoption with
614	incorporated material in electronic form, the department's
615	publication of the Florida Administrative Code on its Internet
616	website must contain a hyperlink from the incorporating
617	reference in the rule directly to that material. The department
618	may not allow hyperlinks from rules in the Florida
619	Administrative Code to any material other than that filed with
620	and maintained by the department, but may allow hyperlinks to
621	incorporated material maintained by the department from the
622	adopting agency's website or other sites.
623	Reviser's note.-Amended to correct an apparent error
624	and conform to context. Prior to the amendment of s.
625	120.55 by ss. 8 and 9, ch. 2008-104, Laws of Florida,
626	the reference to history notes was cited at s.
627	120.545(9); s. 120.545(9) became s. 120.545(7) by s.
628	7, ch. 2008-104; current s. 120.545(7) references
629	history notes.
630	Section 13.  Subsection (2) and paragraph (b) of subsection
631	(3) of section 121.053, Florida Statutes, are amended to read:
632	121.053  Participation in the Elected Officers' Class for
633	retired members.-
634	(2)  A retired member of the Florida Retirement System, or
635	an existing system as defined in s. 121.021, who, beginning July
636	1, 1990, through June 30, 2010, serves in an elective office
637	covered by the Elected Officers' Class shall be enrolled in the
638	appropriate subclass of the Elected Officers' Class of the
639	Florida Retirement System, and applicable contributions shall be
640	paid into the Florida Retirement System Trust Fund as provided
641	in s. 121.052(7).
642	(a)  The member may continue to receive retirement benefits
643	as well as compensation for the elected officer service if he or
644	she remains in an elective office covered by the Elected
645	Officers' Class.
646	(b)  If the member serves in an elective office covered by
647	the Elected Officers' Class and becomes vested under that class,
648	he or she is entitled to receive an additional retirement
649	benefit for the elected officer service.
650	(c)  The member is entitled to purchase additional
651	retirement credit in the Elected Officers' Class for any
652	postretirement service performed in an elected position eligible
653	for the Elected Officers' Class before July 1, 1990, or in the
654	Regular Class for any postretirement service performed in any
655	other regularly established position before July 1, 1991, by
656	paying the applicable Elected Officers' Class or Regular Class
657	employee and employer contributions for the period being
658	claimed, plus 4 percent interest compounded annually from the
659	first year of service claimed until July 1, 1975, and 6.5
660	percent interest compounded thereafter, until full payment is
661	made to the Florida Retirement System Trust Fund. The
662	contribution for postretirement Regular Class service between
663	July 1, 1985, and July 1, 1991, for which the reemployed retiree
664	contribution was paid, is the difference between the
665	contribution and the total applicable contribution for the
666	period being claimed, plus interest. The employer may pay the
667	applicable employer contribution in lieu of the member. If a
668	member does not wish to claim credit for all of the
669	postretirement service for which he or she is eligible, the
670	service the member claims must be the most recent service. Any
671	retiree who served in an elective office before July 1, 1990,
672	suspended his or her retirement benefits, and had his or her
673	Florida Retirement System membership reinstated shall, upon
674	retirement from such office, have his or her retirement benefit
675	recalculated to include the additional service and compensation
676	earned.
677	(d)  Creditable service for which credit was received, or
678	which remained unclaimed, at retirement may not be claimed or
679	applied toward service credit earned following renewed
680	membership. However, service earned in accordance with the
681	renewed membership provisions of s. 121.122 may be used in
682	conjunction with creditable service earned under this
683	subsection, if applicable vesting requirements and other
684	existing statutory conditions required by this chapter are met.
685
686	However, an officer electing to participate in the Deferred
687	Retirement Option Program on or before June 30, 2002, is not
688	required to terminate and remains subject to the provisions of
689	this subsection paragraph as adopted in s. 1, chapter 2001-235,
690	Laws of Florida.
691	(3)  On or after July 1, 2010:
692	(b)  An elected officer who is elected or appointed to an
693	elective office and is participating in the Deferred Retirement
694	Option Program is subject to termination as defined in s.
695	121.021 upon completion of his or her DROP participation period.
696	An elected official may defer termination as provided in
697	subsection (7) paragraph (2)(e).
698	Reviser's note.-Subsection (2) is amended to confirm
699	an editorial substitution made to conform to the
700	compilation of the 2009 Florida Statutes. Paragraph
701	(3)(b) is amended to correct an erroneous reference
702	and conform to context; paragraph (2)(e) does not
703	exist, and subsection (7) relates to deferral of
704	termination for elected officials.
705	Section 14.  Paragraph (b) of subsection (1) of section
706	121.081, Florida Statutes, is amended to read:
707	121.081  Past service; prior service; contributions.-
708	Conditions under which past service or prior service may be
709	claimed and credited are:
710	(1)
711	(b)  Past service earned after January 1, 1975, may be
712	claimed by officers or employees of a municipality, metropolitan
713	planning organization, charter school, charter technical career
714	center, or special district who become a covered group under
715	this system. The governing body of a covered group may elect to
716	provide benefits for to past service earned after January 1,
717	1975, in accordance with this chapter, and the cost for such
718	past service is established by applying the following formula:
719	The employer shall contribute an amount equal to the
720	contribution rate in effect at the time the service was earned,
721	multiplied by the employee's gross salary for each year of past
722	service claimed, plus 6.5-percent interest thereon, compounded
723	annually, figured on each year of past service, with interest
724	compounded from date of annual salary earned until date of
725	payment.
726	Reviser's note.-Amended to confirm an editorial
727	deletion made to improve clarity and facilitate
728	correct interpretation.
729	Section 15.  Paragraph (b) of subsection (9) and paragraph
730	(a) of subsection (13) of section 121.091, Florida Statutes, are
731	amended to read:
732	121.091  Benefits payable under the system.-Benefits may
733	not be paid under this section unless the member has terminated
734	employment as provided in s. 121.021(39)(a) or begun
735	participation in the Deferred Retirement Option Program as
736	provided in subsection (13), and a proper application has been
737	filed in the manner prescribed by the department. The department
738	may cancel an application for retirement benefits when the
739	member or beneficiary fails to timely provide the information
740	and documents required by this chapter and the department's
741	rules. The department shall adopt rules establishing procedures
742	for application for retirement benefits and for the cancellation
743	of such application when the required information or documents
744	are not received.
745	(9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.-
746	(b)  Any person whose retirement is effective before July
747	1, 2010, or whose participation in the Deferred Retirement
748	Option Program terminates before July 1, 2010, except under the
749	disability retirement provisions of subsection (4) or as
750	provided in s. 121.053, may be reemployed by an employer that
751	participates in a state-administered retirement system and
752	receive retirement benefits and compensation from that employer,
753	except that the person may not be reemployed by an employer
754	participating in the Florida Retirement System before meeting
755	the definition of termination in s. 121.021 and may not receive
756	both a salary from the employer and retirement benefits for 12
757	calendar months immediately subsequent to the date of
758	retirement. However, a DROP participant shall continue
759	employment and receive a salary during the period of
760	participation in the Deferred Retirement Option Program, as
761	provided in subsection (13).
762	1.  A retiree who violates such reemployment limitation
763	before completion of the 12-month limitation period must give
764	timely notice of this fact in writing to the employer and to the
765	Division of Retirement or the state board and shall have his or
766	her retirement benefits suspended for the months employed or the
767	balance of the 12-month limitation period as required in sub-
768	subparagraphs b. and c. A retiree employed in violation of this
769	paragraph and an employer who employs or appoints such person
770	are jointly and severally liable for reimbursement to the
771	retirement trust fund, including the Florida Retirement System
772	Trust Fund and the Public Employee Optional Retirement Program
773	Trust Fund, from which the benefits were paid. The employer must
774	have a written statement from the retiree that he or she is not
775	retired from a state-administered retirement system. Retirement
776	benefits shall remain suspended until repayment has been made.
777	Benefits suspended beyond the reemployment limitation shall
778	apply toward repayment of benefits received in violation of the
779	reemployment limitation.
780	a.  A district school board may reemploy a retiree as a
781	substitute or hourly teacher, education paraprofessional,
782	transportation assistant, bus driver, or food service worker on
783	a noncontractual basis after he or she has been retired for 1
784	calendar month. A district school board may reemploy a retiree
785	as instructional personnel, as defined in s. 1012.01(2)(a), on
786	an annual contractual basis after he or she has been retired for
787	1 calendar month. Any member who is reemployed within 1 calendar
788	month after retirement shall void his or her application for
789	retirement benefits. District school boards reemploying such
790	teachers, education paraprofessionals, transportation
791	assistants, bus drivers, or food service workers are subject to
792	the retirement contribution required by subparagraph 2.
793	b.  A community college board of trustees may reemploy a
794	retiree as an adjunct instructor or as a participant in a phased
795	retirement program within the Florida Community College System,
796	after he or she has been retired for 1 calendar month. A member
797	who is reemployed within 1 calendar month after retirement shall
798	void his or her application for retirement benefits. Boards of
799	trustees reemploying such instructors are subject to the
800	retirement contribution required in subparagraph 2. A retiree
801	may be reemployed as an adjunct instructor for no more than 780
802	hours during the first 12 months of retirement. A retiree
803	reemployed for more than 780 hours during the first 12 months of
804	retirement must give timely notice in writing to the employer
805	and to the Division of Retirement or the state board of the date
806	he or she will exceed the limitation. The division shall suspend
807	his or her retirement benefits for the remainder of the 12
808	months of retirement. Any retiree employed in violation of this
809	sub-subparagraph and any employer who employs or appoints such
810	person without notifying the division to suspend retirement
811	benefits are jointly and severally liable for any benefits paid
812	during the reemployment limitation period. The employer must
813	have a written statement from the retiree that he or she is not
814	retired from a state-administered retirement system. Any
815	retirement benefits received by the retiree while reemployed in
816	excess of 780 hours during the first 12 months of retirement
817	must be repaid to the Florida Retirement System Trust Fund, and
818	retirement benefits shall remain suspended until repayment is
819	made. Benefits suspended beyond the end of the retiree's first
820	12 months of retirement shall apply toward repayment of benefits
821	received in violation of the 780-hour reemployment limitation.
822	c.  The State University System may reemploy a retiree as
823	an adjunct faculty member or as a participant in a phased
824	retirement program within the State University System after the
825	retiree has been retired for 1 calendar month. A member who is
826	reemployed within 1 calendar month after retirement shall void
827	his or her application for retirement benefits. The State
828	University System is subject to the retired contribution
829	required in subparagraph 2., as appropriate. A retiree may be
830	reemployed as an adjunct faculty member or a participant in a
831	phased retirement program for no more than 780 hours during the
832	first 12 months of his or her retirement. A retiree reemployed
833	for more than 780 hours during the first 12 months of retirement
834	must give timely notice in writing to the employer and to the
835	Division of Retirement or the state board of the date he or she
836	will exceed the limitation. The division shall suspend his or
837	her retirement benefits for the remainder of the 12 months. Any
838	retiree employed in violation of this sub-subparagraph and any
839	employer who employs or appoints such person without notifying
840	the division to suspend retirement benefits are jointly and
841	severally liable for any benefits paid during the reemployment
842	limitation period. The employer must have a written statement
843	from the retiree that he or she is not retired from a state-
844	administered retirement system. Any retirement benefits received
845	by the retiree while reemployed in excess of 780 hours during
846	the first 12 months of retirement must be repaid to the Florida
847	Retirement System Trust Fund, and retirement benefits shall
848	remain suspended until repayment is made. Benefits suspended
849	beyond the end of the retiree's first 12 months of retirement
850	shall apply toward repayment of benefits received in violation
851	of the 780-hour reemployment limitation.
852	d.  The Board of Trustees of the Florida School for the
853	Deaf and the Blind may reemploy a retiree as a substitute
854	teacher, substitute residential instructor, or substitute nurse
855	on a noncontractual basis after he or she has been retired for 1
856	calendar month. Any member who is reemployed within 1 calendar
857	month after retirement shall void his or her application for
858	retirement benefits. The Board of Trustees of the Florida School
859	for the Deaf and the Blind reemploying such teachers,
860	residential instructors, or nurses is subject to the retirement
861	contribution required by subparagraph 2.
862	e.  A developmental research school may reemploy a retiree
863	as a substitute or hourly teacher or an education
864	paraprofessional as defined in s. 1012.01(2) on a noncontractual
865	basis after he or she has been retired for 1 calendar month. A
866	developmental research school may reemploy a retiree as
867	instructional personnel, as defined in s. 1012.01(2)(a), on an
868	annual contractual basis after he or she has been retired for 1
869	calendar month after retirement. Any member who is reemployed
870	within 1 calendar month voids his or her application for
871	retirement benefits. A developmental research school that
872	reemploys retired teachers and education paraprofessionals is
873	subject to the retirement contribution required by subparagraph
874	2.
875	f.  A charter school may reemploy a retiree as a substitute
876	or hourly teacher on a noncontractual basis after he or she has
877	been retired for 1 calendar month. A charter school may reemploy
878	a retired member as instructional personnel, as defined in s.
879	1012.01(2)(a), on an annual contractual basis after he or she
880	has been retired for 1 calendar month after retirement. Any
881	member who is reemployed within 1 calendar month voids his or
882	her application for retirement benefits. A charter school that
883	reemploys such teachers is subject to the retirement
884	contribution required by subparagraph 2.
885	2.  The employment of a retiree or DROP participant of a
886	state-administered retirement system does not affect the average
887	final compensation or years of creditable service of the retiree
888	or DROP participant. Before July 1, 1991, upon employment of any
889	person, other than an elected officer as provided in s. 121.053,
890	who is retired under a state-administered retirement program,
891	the employer shall pay retirement contributions in an amount
892	equal to the unfunded actuarial liability portion of the
893	employer contribution which would be required for regular
894	members of the Florida Retirement System. Effective July 1,
895	1991, contributions shall be made as provided in s. 121.122 for
896	retirees who have renewed membership or, as provided in
897	subsection (13), for DROP participants.
898	3.  Any person who is holding an elective public office
899	which is covered by the Florida Retirement System and who is
900	concurrently employed in nonelected covered employment may elect
901	to retire while continuing employment in the elective public
902	office if he or she terminates his or her nonelected covered
903	employment. Such person shall receive his or her retirement
904	benefits in addition to the compensation of the elective office
905	without regard to the time limitations otherwise provided in
906	this subsection. A person who seeks to exercise the provisions
907	of this subparagraph as they existed before May 3, 1984, may not
908	be deemed to be retired under those provisions, unless such
909	person is eligible to retire under this subparagraph, as amended
910	by chapter 84-11, Laws of Florida.
911	(13)  DEFERRED RETIREMENT OPTION PROGRAM.-In general, and
912	subject to this section, the Deferred Retirement Option Program,
913	hereinafter referred to as DROP, is a program under which an
914	eligible member of the Florida Retirement System may elect to
915	participate, deferring receipt of retirement benefits while
916	continuing employment with his or her Florida Retirement System
917	employer. The deferred monthly benefits shall accrue in the
918	Florida Retirement System on behalf of the participant, plus
919	interest compounded monthly, for the specified period of the
920	DROP participation, as provided in paragraph (c). Upon
921	termination of employment, the participant shall receive the
922	total DROP benefits and begin to receive the previously
923	determined normal retirement benefits. Participation in the DROP
924	does not guarantee employment for the specified period of DROP.
925	Participation in DROP by an eligible member beyond the initial
926	60-month period as authorized in this subsection shall be on an
927	annual contractual basis for all participants.
928	(a)  Eligibility of member to participate in DROP.-All
929	active Florida Retirement System members in a regularly
930	established position, and all active members of the Teachers'
931	Retirement System established in chapter 238 or the State and
932	County Officers' and Employees' Retirement System established in
933	chapter 122, which are consolidated within the Florida
934	Retirement System under s. 121.011, are eligible to elect
935	participation in DROP if:
936	1.  The member is not a renewed member under s. 121.122 or
937	a member of the State Community College System Optional
938	Retirement Program under s. 121.051, the Senior Management
939	Service Optional Annuity Program under s. 121.055, or the
940	optional retirement program for the State University System
941	under s. 121.35.
942	2.  Except as provided in subparagraph 6., election to
943	participate is made within 12 months immediately following the
944	date on which the member first reaches normal retirement date,
945	or, for a member who reaches normal retirement date based on
946	service before he or she reaches age 62, or age 55 for Special
947	Risk Class members, election to participate may be deferred to
948	the 12 months immediately following the date the member attains
949	age 57, or age 52 for Special Risk Class members. A member who
950	delays DROP participation during the 12-month period immediately
951	following his or her maximum DROP deferral date, except as
952	provided in subparagraph 6., loses a month of DROP participation
953	for each month delayed. A member who fails to make an election
954	within the 12-month limitation period forfeits all rights to
955	participate in DROP. The member shall advise his or her employer
956	and the division in writing of the date DROP begins. The
957	beginning date may be subsequent to the 12-month election period
958	but must be within the original 60-month participation period
959	provided in subparagraph (b)1. When establishing eligibility of
960	the member to participate in DROP, the member may elect to
961	include or exclude any optional service credit purchased by the
962	member from the total service used to establish the normal
963	retirement date. A member who has dual normal retirement dates
964	is eligible to elect to participate in DROP after attaining
965	normal retirement date in either class.
966	3.  The employer of a member electing to participate in
967	DROP, or employers if dually employed, shall acknowledge in
968	writing to the division the date the member's participation in
969	DROP begins and the date the member's employment and DROP
970	participation will terminate.
971	4.  Simultaneous employment of a participant by additional
972	Florida Retirement System employers subsequent to the
973	commencement of participation in DROP is permissible if such
974	employers acknowledge in writing a DROP termination date no
975	later than the participant's existing termination date or the
976	maximum participation period provided in subparagraph (b)1.
977	5.  A DROP participant may change employers while
978	participating in DROP, subject to the following:
979	a.  A change of employment must take place without a break
980	in service so that the member receives salary for each month of
981	continuous DROP participation. If a member receives no salary
982	during a month, DROP participation shall cease unless the
983	employer verifies a continuation of the employment relationship
984	for such participant pursuant to s. 121.021(39)(b).
985	b.  Such participant and new employer shall notify the
986	division of the identity of the new employer on forms required
987	by the division.
988	c.  The new employer shall acknowledge, in writing, the
989	participant's DROP termination date, which may be extended but
990	not beyond the maximum participation period provided in
991	subparagraph (b)1., shall acknowledge liability for any
992	additional retirement contributions and interest required if the
993	participant fails to timely terminate employment, and is subject
994	to the adjustment required in sub-subparagraph (c)5.d.
995	6.  Effective July 1, 2001, for instructional personnel as
996	defined in s. 1012.01(2), election to participate in DROP may be
997	made at any time following the date on which the member first
998	reaches normal retirement date. The member shall advise his or
999	her employer and the division in writing of the date on which
1000	DROP begins. When establishing eligibility of the member to
1001	participate in DROP for the 60-month participation period
1002	provided in subparagraph (b)1., the member may elect to include
1003	or exclude any optional service credit purchased by the member
1004	from the total service used to establish the normal retirement
1005	date. A member who has dual normal retirement dates is eligible
1006	to elect to participate in either class.
1007	Reviser's note.-Amended to confirm editorial
1008	insertions made to improve clarity and facilitate
1009	correct interpretation.
1010	Section 16.  Subsection (6) of section 163.31771, Florida
1011	Statutes, is repealed.
1012	Reviser's note.-Repealed to delete a provision
1013	relating to a report due January 1, 2007, on the
1014	effectiveness of using accessory dwelling units to
1015	address a local government's shortage of affordable
1016	housing.
1017	Section 17.  Paragraph (e) of subsection (15) of section
1018	163.3180, Florida Statutes, is repealed, and paragraph (e) of
1019	subsection (5) of that section is amended to read:
1020	163.3180  Concurrency.-
1021	(5)
1022	(e)  Before designating a concurrency exception area
1023	pursuant to subparagraph (b)7. (b)6., the state land planning
1024	agency and the Department of Transportation shall be consulted
1025	by the local government to assess the impact that the proposed
1026	exception area is expected to have on the adopted level-of-
1027	service standards established for regional transportation
1028	facilities identified pursuant to s. 186.507, including the
1029	Strategic Intermodal System and roadway facilities funded in
1030	accordance with s. 339.2819. Further, the local government shall
1031	provide a plan for the mitigation of impacts to the Strategic
1032	Intermodal System, including, if appropriate, access management,
1033	parallel reliever roads, transportation demand management, and
1034	other measures.
1035	Reviser's note.-Paragraph (5)(e) is amended to confirm
1036	an editorial substitution made to conform to context
1037	and correct an apparent error. Paragraph (15)(e) is
1038	repealed to delete a provision relating to a pilot
1039	project to study the benefits of and barriers to
1040	establishing a regional multimodal transportation
1041	concurrency district and requiring the Department of
1042	Transportation, in consultation with the state land
1043	planning agency, to submit a report by March 1, 2009,
1044	on the status of the pilot project.
1045	Section 18.  Subsection (8) of section 175.071, Florida
1046	Statutes, is amended to read:
1047	175.071  General powers and duties of board of trustees.-
1048	For any municipality, special fire control district, chapter
1049	plan, local law municipality, local law special fire control
1050	district, or local law plan under this chapter:
1051	(8)  Notwithstanding paragraph (1)(b) and as provided in s.
1052	215.473, the board of trustees must identify and publicly report
1053	any direct or indirect holdings it may have in any scrutinized
1054	company, as defined in that section, and proceed to sell,
1055	redeem, divest, or withdraw all publicly traded securities it
1056	may have in that company beginning January 1, 2010. The
1057	divestiture of any such security must be completed by September
1058	30, 2010. The board and its named officers or investment
1059	advisors may not be deemed to have breached their fiduciary duty
1060	in any action taken to dispose of any such security, and the
1061	board shall have satisfactorily discharged the fiduciary duties
1062	of loyalty, prudence, and sole and exclusive benefit to the
1063	participants of the pension fund and their beneficiaries if the
1064	actions it takes are consistent with the duties imposed by s.
1065	215.473, and the manner of the disposition, if any, is
1066	reasonable as to the means chosen. For the purposes of effecting
1067	compliance with that section, the pension fund shall designate
1068	terror-free plans that allocate their funds among securities not
1069	subject to divestiture. No person may bring any civil, criminal,
1070	or administrative action against the board of trustees or any
1071	employee, officer, director, or advisor of such pension fund
1072	based upon the divestiture of any security pursuant to this
1073	subsection paragraph.
1074	Reviser's note.-Amended to confirm an editorial
1075	substitution made to conform to context.
1076	Section 19.  Subsection (7) of section 185.06, Florida
1077	Statutes, is amended to read:
1078	185.06  General powers and duties of board of trustees.-For
1079	any municipality, chapter plan, local law municipality, or local
1080	law plan under this chapter:
1081	(7)  Notwithstanding paragraph (1)(b) and as provided in s.
1082	215.473, the board of trustees must identify and publicly report
1083	any direct or indirect holdings it may have in any scrutinized
1084	company, as defined in that section, and proceed to sell,
1085	redeem, divest, or withdraw all publicly traded securities it
1086	may have in that company beginning January 1, 2010. The
1087	divestiture of any such security must be completed by September
1088	10, 2010. The board and its named officers or investment
1089	advisors may not be deemed to have breached their fiduciary duty
1090	in any action taken to dispose of any such security, and the
1091	board shall have satisfactorily discharged the fiduciary duties
1092	of loyalty, prudence, and sole and exclusive benefit to the
1093	participants of the pension fund and their beneficiaries if the
1094	actions it takes are consistent with the duties imposed by s.
1095	215.473, and the manner of the disposition, if any, is
1096	reasonable as to the means chosen. For the purposes of effecting
1097	compliance with that section, the pension fund shall designate
1098	terror-free plans that allocate their funds among securities not
1099	subject to divestiture. No person may bring any civil, criminal,
1100	or administrative action against the board of trustees or any
1101	employee, officer, director, or advisor of such pension fund
1102	based upon the divestiture of any security pursuant to this
1103	subsection paragraph.
1104	Reviser's note.-Amended to confirm an editorial
1105	substitution made to conform to context.
1106	Section 20.  Subsection (2) of section 192.001, Florida
1107	Statutes, is amended to read:
1108	192.001  Definitions.-All definitions set out in chapters 1
1109	and 200 that are applicable to this chapter are included herein.
1110	In addition, the following definitions shall apply in the
1111	imposition of ad valorem taxes:
1112	(2)  "Assessed value of property" means an annual
1113	determination of the just or fair market value of an item or
1114	property or the value of the homestead property as limited
1115	pursuant to s. 4(d) 4(c), Art. VII of the State Constitution or,
1116	if a property is assessed solely on the basis of character or
1117	use or at a specified percentage of its value, pursuant to s.
1118	4(a) or 4(c) (b), Art. VII of the State Constitution, its
1119	classified use value or fractional value.
1120	Reviser's note.-Amended to conform to the addition of
1121	a new s. 4(b), Art. VII of the State Constitution
1122	pursuant to adoption of the constitutional amendment
1123	by the Taxation and Budget Reform Commission, Revision
1124	No. 4, in 2008.
1125	Section 21.  Paragraph (a) of subsection (1) of section
1126	192.0105, Florida Statutes, is amended to read:
1127	192.0105  Taxpayer rights.-There is created a Florida
1128	Taxpayer's Bill of Rights for property taxes and assessments to
1129	guarantee that the rights, privacy, and property of the
1130	taxpayers of this state are adequately safeguarded and protected
1131	during tax levy, assessment, collection, and enforcement
1132	processes administered under the revenue laws of this state. The
1133	Taxpayer's Bill of Rights compiles, in one document, brief but
1134	comprehensive statements that summarize the rights and
1135	obligations of the property appraisers, tax collectors, clerks
1136	of the court, local governing boards, the Department of Revenue,
1137	and taxpayers. Additional rights afforded to payors of taxes and
1138	assessments imposed under the revenue laws of this state are
1139	provided in s. 213.015. The rights afforded taxpayers to assure
1140	that their privacy and property are safeguarded and protected
1141	during tax levy, assessment, and collection are available only
1142	insofar as they are implemented in other parts of the Florida
1143	Statutes or rules of the Department of Revenue. The rights so
1144	guaranteed to state taxpayers in the Florida Statutes and the
1145	departmental rules include:
1146	(1)  THE RIGHT TO KNOW.-
1147	(a)  The right to be mailed notice of proposed property
1148	taxes and proposed or adopted non-ad valorem assessments (see
1149	ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and 200.069).
1150	The notice must also inform the taxpayer that the final tax bill
1151	may contain additional non-ad valorem assessments (see s.
1152	200.069(9) 200.069(10)).
1153	Reviser's note.-Amended to conform to the
1154	redesignation of s. 200.069(10) as s. 200.069(9) by s.
1155	1, ch. 2009-165, Laws of Florida.
1156	Section 22.  Paragraph (a) of subsection (1) of section
1157	193.1555, Florida Statutes, is amended to read:
1158	193.1555  Assessment of certain residential and
1159	nonresidential real property.-
1160	(1)  As used in this section, the term:
1161	(a)  "Nonresidential real property" means real property
1162	that is not subject to the assessment limitations set forth in
1163	s. 4(a), (c), (d), or (g) 4(a)-(c) or s. 4(f), Art. VII of the
1164	State Constitution.
1165	Reviser's note.-Amended to conform to the addition of
1166	a new s. 4(b), Art. VII of the State Constitution
1167	pursuant to adoption of the constitutional amendment
1168	by the Taxation and Budget Reform Commission, Revision
1169	No. 4, in 2008.
1170	Section 23.  Subsection (1) of section 193.503, Florida
1171	Statutes, is amended to read:
1172	193.503  Classification and assessment of historic property
1173	used for commercial or certain nonprofit purposes.-
1174	(1)  Pursuant to s. 4(e) 4(d), Art. VII of the State
1175	Constitution, the board of county commissioners of a county or
1176	the governing authority of a municipality may adopt an ordinance
1177	providing for assessment of historic property used for
1178	commercial or certain nonprofit purposes as described in this
1179	section solely on the basis of character or use as provided in
1180	this section. Such character or use assessment shall apply only
1181	to the jurisdiction adopting the ordinance. The board of county
1182	commissioners or municipal governing authority shall notify the
1183	property appraiser of the adoption of such ordinance no later
1184	than December 1 of the year prior to the year such assessment
1185	will take effect. If such assessment is granted only for a
1186	specified period or the ordinance is repealed, the board of
1187	county commissioners or municipal governing authority shall
1188	notify the property appraiser no later than December 1 of the
1189	year prior to the year the assessment expires.
1190	Reviser's note.-Amended to conform to the addition of
1191	a new s. 4(b), Art. VII of the State Constitution
1192	pursuant to adoption of the constitutional amendment
1193	by the Taxation and Budget Reform Commission, Revision
1194	No. 4, in 2008.
1195	Section 24.  Subsection (1) of section 193.703, Florida
1196	Statutes, is amended to read:
1197	193.703  Reduction in assessment for living quarters of
1198	parents or grandparents.-
1199	(1)  In accordance with s. 4(f) 4(e), Art. VII of the State
1200	Constitution, a county may provide for a reduction in the
1201	assessed value of homestead property which results from the
1202	construction or reconstruction of the property for the purpose
1203	of providing living quarters for one or more natural or adoptive
1204	parents or grandparents of the owner of the property or of the
1205	owner's spouse if at least one of the parents or grandparents
1206	for whom the living quarters are provided is at least 62 years
1207	of age.
1208	Reviser's note.-Amended to conform to the addition of
1209	a new s. 4(b), Art. VII of the State Constitution
1210	pursuant to adoption of the constitutional amendment
1211	by the Taxation and Budget Reform Commission, Revision
1212	No. 4, in 2008.
1213	Section 25.  Paragraph (c) of subsection (9) of section
1214	196.011, Florida Statutes, is amended to read:
1215	196.011  Annual application required for exemption.-
1216	(9)
1217	(c)  A county may, at the request of the property appraiser
1218	and by a majority vote of its governing body, waive the
1219	requirement that an annual application be made for the veteran's
1220	disability discount granted pursuant to s. 6(e) 6(g), Art. VII
1221	of the State Constitution after an initial application is made
1222	and the discount granted. The disabled veteran receiving a
1223	discount for which annual application has been waived shall
1224	notify the property appraiser promptly whenever the use of the
1225	property or the percentage of disability to which the veteran is
1226	entitled changes. If a disabled veteran fails to notify the
1227	property appraiser and the property appraiser determines that
1228	for any year within the prior 10 years the veteran was not
1229	entitled to receive all or a portion of such discount, the
1230	penalties and processes in paragraph (a) relating to the failure
1231	to notify the property appraiser of ineligibility for an
1232	exemption shall apply.
1233	Reviser's note.-Amended to conform to the deletion of
1234	former s. 6(c) and (d), Art. VII of the State
1235	Constitution pursuant to adoption of the
1236	constitutional amendment by C.S. for S.J.R. 2-D (2007)
1237	in 2008.
1238	Section 26.  Subsection (2) of section 196.075, Florida
1239	Statutes, is amended to read:
1240	196.075  Additional homestead exemption for persons 65 and
1241	older.-
1242	(2)  In accordance with s. 6(d) 6(f), Art. VII of the State
1243	Constitution, the board of county commissioners of any county or
1244	the governing authority of any municipality may adopt an
1245	ordinance to allow an additional homestead exemption of up to
1246	$50,000 for any person who has the legal or equitable title to
1247	real estate and maintains thereon the permanent residence of the
1248	owner, who has attained age 65, and whose household income does
1249	not exceed $20,000.
1250	Reviser's note.-Amended to conform to the deletion of
1251	former s. 6(c) and (d), Art. VII of the State
1252	Constitution pursuant to adoption of the
1253	constitutional amendment by C.S. for S.J.R. 2-D (2007)
1254	in 2008.
1255	Section 27.  Subsection (7) of section 196.1975, Florida
1256	Statutes, is amended to read:
1257	196.1975  Exemption for property used by nonprofit homes
1258	for the aged.-Nonprofit homes for the aged are exempt to the
1259	extent that they meet the following criteria:
1260	(7)  It is declared to be the intent of the Legislature
1261	that subsection (3) implements the ad valorem tax exemption
1262	authorized in the third sentence of s. 3(a), Art. VII, State
1263	Constitution, and the remaining subsections implement s. 6(c)
1264	6(e), Art. VII, State Constitution, for purposes of granting
1265	such exemption to homes for the aged.
1266	Reviser's note.-Amended to conform to the deletion of
1267	former s. 6(c) and (d), Art. VII of the State
1268	Constitution pursuant to adoption of the
1269	constitutional amendment by C.S. for S.J.R. 2-D (2007)
1270	in 2008.
1271	Section 28.  Subsection (5) of section 196.1977, Florida
1272	Statutes, is amended to read:
1273	196.1977  Exemption for property used by proprietary
1274	continuing care facilities.-
1275	(5)  It is the intent of the Legislature that this section
1276	implements s. 6(c) 6(e), Art. VII of the State Constitution.
1277	Reviser's note.-Amended to conform to the deletion of
1278	former s. 6(c) and (d), Art. VII of the State
1279	Constitution pursuant to adoption of the
1280	constitutional amendment by C.S. for S.J.R. 2-D (2007)
1281	in 2008.
1282	Section 29.  Subsection (5) of section 197.402, Florida
1283	Statutes, is repealed.
1284	Reviser's note.-Repeals material requiring Lake,
1285	Marion, Seminole, and Sumter Counties to enter into a
1286	2-year pilot program regarding advertising and payment
1287	of delinquent property taxes and, by October 1, 2007,
1288	each county's tax collector to submit a report to the
1289	President of the Senate and the Speaker of the House
1290	of Representatives.
1291	Section 30.  Paragraph (a) of subsection (2), paragraph (f)
1292	of subsection (4), and paragraph (b) of subsection (10) of
1293	section 200.069, Florida Statutes, are amended to read:
1294	200.069  Notice of proposed property taxes and non-ad
1295	valorem assessments.-Pursuant to s. 200.065(2)(b), the property
1296	appraiser, in the name of the taxing authorities and local
1297	governing boards levying non-ad valorem assessments within his
1298	or her jurisdiction and at the expense of the county, shall
1299	prepare and deliver by first-class mail to each taxpayer to be
1300	listed on the current year's assessment roll a notice of
1301	proposed property taxes, which notice shall contain the elements
1302	and use the format provided in the following form.
1303	Notwithstanding the provisions of s. 195.022, no county officer
1304	shall use a form other than that provided herein. The Department
1305	of Revenue may adjust the spacing and placement on the form of
1306	the elements listed in this section as it considers necessary
1307	based on changes in conditions necessitated by various taxing
1308	authorities. If the elements are in the order listed, the
1309	placement of the listed columns may be varied at the discretion
1310	and expense of the property appraiser, and the property
1311	appraiser may use printing technology and devices to complete
1312	the form, the spacing, and the placement of the information in
1313	the columns. A county officer may use a form other than that
1314	provided by the department for purposes of this part, but only
1315	if his or her office pays the related expenses and he or she
1316	obtains prior written permission from the executive director of
1317	the department; however, a county officer may not use a form the
1318	substantive content of which is at variance with the form
1319	prescribed by the department. The county officer may continue to
1320	use such an approved form until the law that specifies the form
1321	is amended or repealed or until the officer receives written
1322	disapproval from the executive director.
1323	(2)(a)  The notice shall include a brief legal description
1324	of the property, the name and mailing address of the owner of
1325	record, and the tax information applicable to the specific
1326	parcel in question. The information shall be in columnar form.
1327	There shall be seven column headings which shall read: "Taxing
1328	Authority," "Your Property Taxes Last Year," "Last Year's
1329	Adjusted Tax Rate (Millage)," "Your Taxes This Year IF NO Budget
1330	Change Is Adopted," "Tax Rate This Year IF PROPOSED Budget Is
1331	Adopted (Millage)," "Your Taxes This Year IF PROPOSED Budget
1332	Change Is Adopted," and "A Public Hearing on the Proposed Taxes
1333	and Budget Will Be Held:."
1334	(4)  For each entry listed in subsection (3), there shall
1335	appear on the notice the following:
1336	(f)  In the sixth column, the gross amount of ad valorem
1337	taxes that must be levied in the current year if the proposed
1338	budget is adopted.
1339	(10)
1340	(b)  If the notice includes all adopted non-ad valorem
1341	assessments, the provisions contained in subsection (9) (10)
1342	shall not be placed on the notice.
1343	Reviser's note.-Paragraphs (2)(a) and (4)(f) are
1344	amended to confirm editorial insertions made to
1345	improve clarity and facilitate correct interpretation.
1346	Paragraph (10)(b) is amended to conform to the
1347	redesignation of former subsection (10) as subsection
1348	(9) by s. 1, ch. 2009-165, Laws of Florida.
1349	Section 31.  Subsection (1) of section 210.1801, Florida
1350	Statutes, is amended to read:
1351	210.1801  Exempt cigarettes for members of recognized
1352	Indian tribes.-
1353	(1)  Notwithstanding any provision of this chapter to the
1354	contrary, a member of an Indian tribe recognized in this state
1355	who purchases cigarettes on an Indian reservation for his or her
1356	own use is exempt from paying a cigarette tax and surcharge.
1357	However, such member purchasing cigarettes outside of an Indian
1358	reservation or a nontribal member purchasing cigarettes on an
1359	Indian reservation is not exempt from paying the cigarette tax
1360	or surcharge when purchasing cigarettes within this state.
1361	Accordingly, the tax and surcharge shall apply to all cigarettes
1362	sold on an Indian reservation to a nontribal member, and
1363	evidence of such tax or surcharge shall be by means of an
1364	affixed cigarette tax and surcharge stamp.
1365	Reviser's note.-Amended to confirm an editorial
1366	insertion made to improve clarity.
1367	Section 32.  Subsection (2) of section 211.06, Florida
1368	Statutes, is amended to read:
1369	211.06  Oil and Gas Tax Trust Fund; distribution of tax
1370	proceeds.-All taxes, interest, and penalties imposed under this
1371	part shall be collected by the department and placed in a
1372	special fund designated the "Oil and Gas Tax Trust Fund."
1373	(2)  Beginning July 1, 1995, the remaining proceeds in the
1374	Oil and Gas Tax Trust Fund shall be distributed monthly by the
1375	department and shall be paid into the State Treasury as follows:
1376	(a)  To the credit of the General Revenue Fund of the
1377	state:
1378	1.  Seventy-five percent of the proceeds from the oil
1379	production tax imposed under s. 211.02(1)(c) 211.02(1)(b).
1380	2.  Sixty-seven and one-half percent of the proceeds from
1381	the tax on small well oil and tertiary oil imposed under s.
1382	211.02(1)(a).
1383	3.  Sixty-seven and one-half percent of the proceeds from
1384	the tax on gas imposed under s. 211.025.
1385	4.  Sixty-seven and one-half percent of the proceeds of the
1386	tax on sulfur imposed under s. 211.026.
1387	(b)  To the credit of the general revenue fund of the board
1388	of county commissioners of the county where produced, subject to
1389	the service charge imposed under chapter 215:
1390	1.  Twelve and one-half percent of the proceeds from the
1391	tax on oil imposed under s. 211.02(1)(c) 211.02(1)(b).
1392	2.  Twenty percent of the proceeds from the tax on small
1393	well oil and tertiary oil imposed under s. 211.02(1)(a).
1394	3.  Twenty percent of the proceeds from the tax on gas
1395	imposed under s. 211.025.
1396	4.  Twenty percent of the proceeds from the tax on sulfur
1397	imposed under s. 211.026.
1398	(c)  To the credit of the Minerals Trust Fund:
1399	1.  Twelve and one-half percent of the proceeds from the
1400	tax on oil imposed under s. 211.02(1)(c) 211.02(1)(b).
1401	2.  Twelve and one-half percent of the proceeds from the
1402	tax on small well and tertiary oil imposed under s.
1403	211.02(1)(a).
1404	3.  Twelve and one-half percent of the proceeds from the
1405	tax on gas imposed under s. 211.025.
1406	4.  Twelve and one-half percent of the proceeds from the
1407	tax on sulfur imposed under s. 211.026.
1408	Reviser's note.-Amended to conform to the
1409	redesignation of s. 211.02(1)(b) as s. 211.02(1)(c) by
1410	s. 1, ch. 2009-139, Laws of Florida.
1411	Section 33.  Paragraph (c) of subsection (1) of section
1412	212.098, Florida Statutes, is amended to read:
1413	212.098  Rural Job Tax Credit Program.-
1414	(1)  As used in this section, the term:
1415	(c)  "Qualified area" means any area that is contained
1416	within a rural area of critical economic concern designated
1417	under s. 288.0656, a county that has a population of fewer than
1418	75,000 persons, or a county that has a population of 125,000 or
1419	less and is contiguous to a county that has a population of less
1420	than 75,000, selected in the following manner: every third year,
1421	the Office of Tourism, Trade, and Economic Development shall
1422	rank and tier the state's counties according to the following
1423	four factors:
1424	1.  Highest unemployment rate for the most recent 36-month
1425	period.
1426	2.  Lowest per capita income for the most recent 36-month
1427	period.
1428	3.  Highest percentage of residents whose incomes are below
1429	the poverty level, based upon the most recent data available.
1430	4.  Average weekly manufacturing wage, based upon the most
1431	recent data available.
1432	Reviser's note.-Amended to confirm an editorial
1433	insertion made to improve clarity and facilitate
1434	correct interpretation.
1435	Section 34.  Subsections (1) and (2) of section 215.211,
1436	Florida Statutes, are amended to read:
1437	215.211  Service charge; elimination or reduction for
1438	specified proceeds.-
1439	(1)  Notwithstanding the provisions of s. 215.20(1) and
1440	former s. 215.20(3) (3), the service charge provided in s.
1441	215.20(1) and former s. 215.20(3) (3), which is deducted from
1442	the proceeds of the taxes distributed under ss. 206.606(1),
1443	207.026, 212.0501(6), and 319.32(5), shall be eliminated
1444	beginning July 1, 2000.
1445	(2)  Notwithstanding the provisions of s. 215.20(1) and
1446	former s. 215.20(3) (3), the service charge provided in s.
1447	215.20(1) and former s. 215.20(3) (3), which is deducted from
1448	the proceeds of the taxes distributed under ss. 206.608 and
1449	320.072(4), shall be eliminated beginning July 1, 2001.
1450	Reviser's note.-Amended to conform to the repeal of
1451	former s. 215.20(3) by s. 1, ch. 2009-78, Laws of
1452	Florida.
1453	Section 35.  Subsections (15A), (15B), (16), and (17) of
1454	section 238.07, Florida Statutes, as carried forward from the
1455	2008 Florida Statutes, are redesignated as subsections (16),
1456	(17), (18), and (19) of that section and amended to read:
1457	238.07  Regular benefits; survivor benefits.-
1458	(16)(15A)(a)  Any member of the Teachers' Retirement System
1459	who has heretofore, or who hereafter, retires with no less than
1460	10 years of creditable service and who has passed his or her
1461	65th birthday, may, upon application to the department, have his
1462	or her retirement allowance redetermined and thereupon shall be
1463	entitled to a monthly service retirement allowance which shall
1464	be equal to $4 multiplied by the number of years of the member's
1465	creditable service which shall be payable monthly during his or
1466	her retirement; provided, that the amount of retirement
1467	allowance as determined hereunder, shall be reduced by an amount
1468	equal to:
1469	1.  Any social security benefits received by the member,
1470	and
1471	2.  Any social security benefits that the member is
1472	eligible to receive by reason of his or her own right or through
1473	his or her spouse.
1474	(b)  No payment shall be made to a member of the Teachers'
1475	Retirement System under this act, until the department has
1476	determined the social security status of such member.
1477	(c)  Eligibility of a member of the Teachers' Retirement
1478	System shall be determined under the social security laws and
1479	regulations; provided, however, that a member shall be
1480	considered eligible if the member or the member's spouse has
1481	reached 65 years of age and would draw social security if the
1482	member or the member's spouse were not engaged in activity that
1483	results in the member or the member's spouse receiving income
1484	that would make him or her ineligible to receive social security
1485	benefits. A member of the Teachers' Retirement System shall be
1486	deemed to be eligible for social security benefits if the member
1487	has this eligibility in his or her own right or through his or
1488	her spouse.
1489	(d)  The department shall review, at least annually, the
1490	social security status of all members of the Teachers'
1491	Retirement System receiving payment under this act and shall
1492	increase or decrease payments to such members as shall be
1493	necessary to carry out the intent of this act.
1494	(e)  No member of the Teachers' Retirement System shall
1495	have his or her retirement allowance reduced or any of his or
1496	her rights impaired by reason of this act.
1497	(f)  This subsection shall take effect on January 1, 1962.
1498	(17)(15B)  If the member recovers from disability, has his
1499	or her disability benefit terminated, reenters covered
1500	employment, and is continuously employed for a minimum of 1 year
1501	of creditable service, he or she may claim as creditable service
1502	the months during which he or she was receiving a disability
1503	benefit, upon payment of the required contributions.
1504	Contributions shall equal the total required employee and
1505	employer contribution rate during the period the retiree
1506	received retirement benefits, multiplied times his or her rate
1507	of monthly compensation prior to the commencement of disability
1508	retirement for each month of the period claimed, plus 4 percent
1509	interest until July 1, 1975, and 6.5 percent interest thereafter
1510	on such contributions, compounded annually each June 30 to the
1511	date of payment. If the member does not claim credit for all of
1512	the months he or she received disability benefits, the months
1513	claimed must be his or her most recent months of retirement.
1514	(18)(16)(a)  Definitions under survivor benefits are:
1515	1.  A dependent is a child, widow, widower, or parent of
1516	the deceased member who was receiving not less than one-half of
1517	his or her support from the deceased member at the time of the
1518	death of such member.
1519	2.  A child is a natural or legally adopted child of a
1520	member, who:
1521	a.  Is under 18 years of age, or
1522	b.  Is over 18 years of age but not over 22 years of age
1523	and is enrolled as a student in an accredited educational
1524	institution, or
1525	c.  Is 18 years of age or older and is physically or
1526	mentally incapable of self-support, when such mental and
1527	physical incapacity occurred prior to such child obtaining the
1528	age of 18 years. Such person shall cease to be regarded as a
1529	child upon the termination of such physical or mental
1530	disability. The determination as to such physical or mental
1531	incapability shall be vested in the department.
1532
1533	No person shall be considered a child who has married or, except
1534	as provided in sub-subparagraph 2.b. or as to a child who is
1535	physically or mentally incapable of self-support as hereinbefore
1536	set forth, has become 18 years of age.
1537	3.  A parent is a natural parent of a member and includes a
1538	lawful spouse of a natural parent.
1539	4.  A beneficiary is a person who is entitled to benefits
1540	under this subsection by reason of his or her relation to a
1541	deceased member during the lifetime of such member.
1542	(b)  In addition to all other benefits to which a member
1543	shall, subject to the conditions set out below, be entitled, the
1544	beneficiary of such member shall, upon the death of such member,
1545	receive the following benefits:
1546
	Minimum period of paid service of member in Florida as regular full-time teacher Beneficiaries of deceased member Benefits
1547
	1. One calendar day Widow or widower who has care of dependent child or children of deceased member. $190 per month for one child. $250 per month if more than one child, maximum benefits $250 per month.
1548
	2. One calendar day One or more dependent children if there is no surviving widow or widower. $190 per month per child; maximum benefits $250 per month if more than one child.
1549
	3. One calendar day Dependent parents 65 years or older. For each parent, $100 per month for life.
1550
	4. One calendar day Designated beneficiary and, if no designated beneficiary, then the executor or administrator of deceased member. $500 lump-sum death benefits payable only once.
1551
	5. One calendar day Dependent widow or widower 50 years of age and less than 65 years of age. $150 per month for life.
1552
	6. Ten years Widow or widower 65 years of age or older. $175 per month for life.
1553
	7. Retired member Designated beneficiary and if no designated beneficiary, then the executor or administrator of deceased retired member. $500 lump-sum death benefits payable only once.
1554
1555	Beginning on July 1, 1971, the lump-sum death benefit, provided
1556	in item 7 above for the retired teacher, shall apply to all
1557	present and future retirees of the systems.
1558	(c)  The payment of survivor benefits shall begin as of the
1559	month immediately following the death of the member except where
1560	the beneficiary has not reached the age required to receive
1561	benefits under paragraph (b), in which event the payment of
1562	survivor benefits shall begin as of the month immediately
1563	following the month in which the beneficiary reaches the
1564	required age. Provided that if death occurs during the first 3
1565	years of employment, the payment of survivor benefits shall be
1566	reduced by the amount of monthly benefits the member's survivors
1567	are entitled to receive under federal social security as either
1568	a survivor of the member or as a covered worker under federal
1569	social security.
1570	(d)  Limitations on rights of beneficiary are:
1571	1.  The person named as beneficiary in paragraph (b) shall,
1572	in no event, be entitled to receive the benefits set out in such
1573	paragraph unless the death of the member under whom such
1574	beneficiary claims occurs within the period of time after the
1575	member has served in Florida as follows:
1576
	Minimum number of yearsof service in Florida Period after serving in Floridain which death of member occurs
1577
	3 to 5....... 2 years
1578
	6 to 9....... 5 years
1579
	10 or more....... 10 years
1580
1581	2.  Upon the death of a member, the department shall make a
1582	determination of the beneficiary or beneficiaries of the
1583	deceased member and shall pay survivor benefits to such
1584	beneficiary or beneficiaries beginning 1 month immediately
1585	following the death of the member except where the beneficiary
1586	has not reached the age required to receive benefits under
1587	paragraph (b), in which event the payment of survivor benefits
1588	shall begin as of the month immediately following the month in
1589	which the beneficiary reaches the required age. When required by
1590	the department, the beneficiary or beneficiaries shall file an
1591	application for survivor benefits upon forms prescribed by the
1592	department.
1593	3.  The beneficiaries of a member to receive survivor
1594	benefits are fixed by this subsection, and a member may not buy
1595	or otherwise change such benefits. He or she may, however,
1596	designate the beneficiary to receive the $500 death benefits. If
1597	a member fails to make this designation, the $500 death benefits
1598	shall be paid to his or her executor or administrator.
1599	4.  The beneficiary or beneficiaries of a member whose
1600	death occurs while he or she is in service or while he or she is
1601	receiving a disability allowance under subsection (11), shall
1602	receive survivor benefits under this subsection determined by
1603	the years of service in Florida of the deceased member as set
1604	out in paragraph (b). The requirement that the death of a member
1605	must occur within a certain period of time after service in
1606	Florida as set out in subparagraph (d)1. shall not apply to a
1607	member receiving a disability benefit at the time of his or her
1608	death.
1609	(19)(17)  Any person who hereafter elects to receive
1610	retirement benefits under s. 112.05 shall not be entitled to the
1611	retirement benefits of this chapter except for the refund of his
1612	or her accumulated contributions as provided in subsection (13);
1613	likewise any person who elects to receive retirement benefits
1614	under this chapter shall thereby become ineligible to receive
1615	retirement benefits under s. 112.05.
1616	Reviser's note.-Amended to confirm the editorial
1617	redesignation of subsections (15A) and (15B) as
1618	subsections (16) and (17), which necessitated the
1619	redesignation of subsections (16) and (17) as
1620	subsections (18) and (19).
1621	Section 36.  Section 238.071, Florida Statutes, is amended
1622	to read:
1623	238.071  Social security benefits; determination of
1624	retirement allowance.-Any member of the Teachers' Retirement
1625	System who has heretofore or who hereafter retires and has his
1626	or her retirement allowance redetermined under the provisions of
1627	s. 238.07(16) 238.07(15A), shall not after July 1, 1969, have
1628	the amount of the redetermined retirement allowance reduced
1629	because of social security benefits received by the member or
1630	his or her spouse.
1631	Reviser's note.-Amended to confirm an editorial
1632	substitution made to conform to the editorial
1633	redesignation of s. 238.07(15A) as s. 238.07(16).
1634	Section 37.  Paragraphs (a) and (d) of subsection (5) of
1635	section 238.09, Florida Statutes, are amended to read:
1636	238.09  Method of financing.-All of the assets of the
1637	retirement system shall be credited, according to the purposes
1638	for which they are held, to one of four funds; namely, the
1639	Annuity Savings Trust Fund, the Pension Accumulation Trust Fund,
1640	the Expense Trust Fund, and the Survivors' Benefit Trust Fund.
1641	(5)(a)  The survivors' benefit fund shall be the fund in
1642	which shall be accumulated all reserves for the payment of all
1643	survivor benefits provided for in s. 238.07(18) 238.07(16),
1644	except refund of accumulated contributions. There shall be paid
1645	into this fund:
1646	1.  All contributions by members based on the rate of
1647	twenty-five-hundredths percent of their salary as set out in
1648	paragraph (b) of this subsection.
1649	2.  All contributions by the state to the Survivors'
1650	Benefit Trust Fund.
1651	3.  All transfers from other funds as required by this
1652	subsection.
1653	(d)  A member who makes contributions to the Survivors'
1654	Benefit Trust Fund shall not thereby obtain, prior to July 1,
1655	1959, any vested interest or right to the benefits under s.
1656	238.07(18) 238.07(16), and these benefits may be altered,
1657	changed or repealed by the Legislature at its 1959 session,
1658	provided that the beneficiaries of members whose deaths occur
1659	prior to July 1, 1959, shall have a vested interest in the
1660	benefits accruing to such beneficiaries under s. 238.07(18)
1661	238.07(16), and these rights may not be altered, changed nor
1662	repealed by the Legislature.
1663	Reviser's note.-Amended to confirm editorial
1664	substitutions made to conform to the editorial
1665	redesignation of s. 238.07(15A) and (15B) as s.
1666	238.07(16) and (17), which necessitated the
1667	redesignation of s. 238.07(16) as s. 238.07(18).
1668	Section 38.  Subsection (2) of section 255.043, Florida
1669	Statutes, is amended to read:
1670	255.043  Art in state buildings.-
1671	(2)  The Department of Management Services or other state
1672	agencies receiving appropriations for original constructions
1673	shall notify the Florida Arts Council on Arts and Culture and
1674	the user agency of any construction project which is eligible
1675	under the provisions of this section. The Department of
1676	Management Services or other state agency shall determine the
1677	amount to be made available for purchase or commission of works
1678	of art for each project and shall report these amounts to the
1679	Florida Arts Council on Arts and Culture and the user agency.
1680	Payments therefor shall be made from funds appropriated for
1681	fixed capital outlay according to law.
1682	Reviser's note.-Amended to conform to the council's
1683	name change by s. 7, ch. 2009-72, Laws of Florida.
1684	Section 39.  Subsection (2) of section 260.019, Florida
1685	Statutes, is amended to read:
1686	260.019  Florida Circumnavigation Saltwater Paddling
1687	Trail.-
1688	(2)  The department shall establish the initial starting
1689	and ending points by latitude and longitude for the trail
1690	segments described in subsection (3) within 180 days after the
1691	effective date of this act. Except for the Big Bend Historic
1692	Saltwater Paddling Trail, segment 6, the department has the
1693	exclusive authority to officially name and locate the remaining
1694	25 trail segments. The department shall name and locate the
1695	segments based on logical geographical boundaries, safety to
1696	trail users, ease of management, desires of local communities
1697	and user groups, and other factors that assist in the overall
1698	success of the trail system. The department may adjust the
1699	location of any trail segment; give official recognition to
1700	specific sites along the trail route; publish official trail
1701	guides and literature in cooperation with other governmental and
1702	private entities; and resolve conflicts that may arise between
1703	competing and conflicting parties over trail issues. The Florida
1704	Greenways and Trails Council may advise the department on all
1705	matters relating to the paddling trail. By January 1, 2008, the
1706	department shall prepare and submit a report setting forth the
1707	names and locations adopted for each trail segment to the
1708	Governor, the President of the Senate, and the Speaker of the
1709	House of Representatives.
1710	Reviser's note.-Amended to delete an obsolete
1711	provision.
1712	Section 40.  Paragraph (a) of subsection (2) and subsection
1713	(3) of section 265.2865, Florida Statutes, are amended to read:
1714	265.2865  Florida Artists Hall of Fame.-
1715	(2)(a)  There is hereby created the Florida Artists Hall of
1716	Fame. The Florida Arts Council on Arts and Culture shall
1717	identify an appropriate location in the public area of a
1718	building in the Capitol Center that is under the jurisdiction of
1719	the Department of Management Services, which location shall be
1720	set aside by the department and designated as the Florida
1721	Artists Hall of Fame.
1722	(3)  The Florida Arts Council on Arts and Culture shall
1723	accept nominations annually for persons to be recommended as
1724	members of the Florida Artists Hall of Fame. The council shall
1725	recommend to the Secretary of State persons to be named as
1726	members of the Florida Artists Hall of Fame. The council shall
1727	recommend as members of the Florida Artists Hall of Fame persons
1728	who were born in Florida or adopted Florida as their home state
1729	and base of operation and who have made a significant
1730	contribution to the enhancement of the arts in this state.
1731	Reviser's note.-Amended to conform to the council's
1732	name change by s. 7, ch. 2009-72, Laws of Florida.
1733	Section 41.  Paragraph (f) of subsection (7) of section
1734	265.32, Florida Statutes, is amended to read:
1735	265.32  County fine arts council.-
1736	(7)  COUNCIL MEETINGS; PUBLIC HEARINGS; COMMITTEES AND
1737	ADVISERS; REPORTS; RULES.-
1738	(f)  The county arts council may, from time to time and at
1739	any time, submit to the Florida Arts Council on Arts and Culture
1740	a report summarizing its activities and setting forth any
1741	recommendations it considers appropriate, including
1742	recommendations with respect to present or proposed legislation
1743	concerning state encouragement and support of the arts.
1744	Reviser's note.-Amended to conform to the council's
1745	name change by s. 7, ch. 2009-72, Laws of Florida.
1746	Section 42.  Paragraph (c) of subsection (1) of section
1747	265.606, Florida Statutes, is amended to read:
1748	265.606  Cultural Endowment Program; administration;
1749	qualifying criteria; matching fund program levels;
1750	distribution.-
1751	(1)  To be eligible for receipt of state matching funds,
1752	the local sponsoring organization shall meet all of the
1753	following criteria:
1754	(c)  Be designated a cultural sponsoring organization by
1755	the department, if recommended by the Florida Arts Council on
1756	Arts and Culture to the Secretary of State pursuant to the
1757	procedures contained in s. 265.285.
1758	Reviser's note.-Amended to conform to the council's
1759	name change by s. 7, ch. 2009-72, Laws of Florida.
1760	Section 43.  Subsections (3) and (5) of section 265.701,
1761	Florida Statutes, are amended to read:
1762	265.701  Cultural facilities; grants for acquisition,
1763	renovation, or construction; funding; approval; allocation.-
1764	(3)  The Florida Arts Council on Arts and Culture shall
1765	review each application for a grant to acquire, renovate, or
1766	construct a cultural facility which is submitted pursuant to
1767	subsection (2) and shall submit annually to the Secretary of
1768	State for approval lists of all applications that are
1769	recommended by the council for the award of grants, arranged in
1770	order of priority. The division may allocate grants only for
1771	projects that are approved or for which funds are appropriated
1772	by the Legislature. Projects approved and recommended by the
1773	Secretary of State which are not funded by the Legislature shall
1774	be retained on the project list for the following grant cycle
1775	only. All projects that are retained shall be required to submit
1776	such information as may be required by the department as of the
1777	established deadline date of the latest grant cycle in order to
1778	adequately reflect the most current status of the project.
1779	(5)  The Division of Cultural Affairs shall adopt rules
1780	prescribing the criteria to be applied by the Florida Arts
1781	Council on Arts and Culture in recommending applications for the
1782	award of grants and rules providing for the administration of
1783	the other provisions of this section.
1784	Reviser's note.-Amended to conform to the council's
1785	name change by s. 7, ch. 2009-72, Laws of Florida.
1786	Section 44.  Paragraph (f) of subsection (2) of section
1787	282.201, Florida Statutes, is amended to read:
1788	282.201  State data center system; agency duties and
1789	limitations.-A state data center system that includes all
1790	primary data centers, other nonprimary data centers, and
1791	computing facilities, and that provides an enterprise
1792	information technology service as defined in s. 282.0041, is
1793	established.
1794	(2)  AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.-
1795	The Agency for Enterprise Information Technology shall:
1796	(f)  Develop and establish rules relating to the operation
1797	of the state data center system which comply with applicable
1798	federal regulations, including 2 C.F.R. part 225 and 45 C.F.R.
1799	The rules may address:
1800	1.  Ensuring that financial information is captured and
1801	reported consistently and accurately.
1802	2.  Requiring the establishment of service-level agreements
1803	executed between a data center and its customer entities for
1804	services provided.
1805	3.  Requiring annual full cost recovery on an equitable
1806	rational basis. The cost-recovery methodology must ensure that
1807	no service is subsidizing another service and may include
1808	adjusting the subsequent year's rates as a means to recover
1809	deficits or refund surpluses from a prior year.
1810	4.  Requiring that any special assessment imposed to fund
1811	expansion is based on a methodology that apportions the
1812	assessment according to the proportional benefit to each
1813	customer entity.
1814	5.  Requiring that rebates be given when revenues have
1815	exceeded costs, that rebates be applied to offset charges to
1816	those customer entities that have subsidized the costs of other
1817	customer entities, and that such rebates may be in the form of
1818	credits against future billings.
1819	6.  Requiring that all service-level agreements have a
1820	contract term of up to 3 years, but may include an option to
1821	renew for up to 3 additional years contingent on approval by the
1822	board, and require at least a 180-day notice of termination.
1823	7.  Designating any nonstate data center centers as a
1824	primary data center centers if the center:
1825	a.  Has an established governance structure that represents
1826	customer entities proportionally.
1827	b.  Maintains an appropriate cost-allocation methodology
1828	that accurately bills a customer entity based on the actual
1829	direct and indirect costs to the customer entity, and prohibits
1830	the subsidization of one customer entity's costs by another
1831	entity.
1832	c.  Has sufficient raised floor space, cooling, and
1833	redundant power capacity, including uninterruptible power supply
1834	and backup power generation, to accommodate the computer
1835	processing platforms and support necessary to host the computing
1836	requirements of additional customer entities.
1837	8.  Removing a nonstate data center centers from primary
1838	data center designation if the nonstate data center fails to
1839	meet standards necessary to ensure that the state's data is
1840	maintained pursuant to subparagraph 7.
1841	Reviser's note.-Amended to provide contextual
1842	consistency within the paragraph.
1843	Section 45.  Paragraph (c) of subsection (1) of section
1844	282.204, Florida Statutes, is repealed.
1845	Reviser's note.-Repeals a provision requiring
1846	recommendations for a workgroup report due December
1847	31, 2008.
1848	Section 46.  Subsection (2) of section 282.318, Florida
1849	Statutes, is amended to read:
1850	282.318  Enterprise security of data and information
1851	technology.-
1852	(2)  Information technology security is established as an
1853	enterprise information technology service as defined in s.
1854	282.0041 287.0041.
1855	Reviser's note.-Amended to confirm an editorial
1856	substitution; the term "enterprise information
1857	technology service" is defined in s. 282.0041, and s.
1858	287.0041 does not exist.
1859	Section 47.  Sections 282.5001, 282.5002, 282.5003,
1860	282.5004, 282.5005, 282.5006, 282.5007, and 282.5008, Florida
1861	Statutes, are repealed.
1862	Reviser's note.-Repeals sections relating to year 2000
1863	compliance for information technology products.
1864	Section 48.  Subsection (14) of section 282.702, Florida
1865	Statutes, is amended to read:
1866	282.702  Powers and duties.-The Department of Management
1867	Services shall have the following powers, duties, and functions:
1868	(14)  To enter into contracts or agreements, with or
1869	without competitive bidding or procurement, to make available,
1870	on a fair, reasonable, and nondiscriminatory basis, property and
1871	other structures under departmental control for the placement of
1872	new facilities by any wireless provider of mobile service as
1873	defined in 47 U.S.C. s. 153(27) 153(n) or s. 332(d) and any
1874	telecommunications company as defined in s. 364.02 when it is
1875	determined to be practical and feasible to make such property or
1876	other structures available. The department may, without adopting
1877	a rule, charge a just, reasonable, and nondiscriminatory fee for
1878	the placement of the facilities, payable annually, based on the
1879	fair market value of space used by comparable communications
1880	facilities in the state. The department and a wireless provider
1881	or telecommunications company may negotiate the reduction or
1882	elimination of a fee in consideration of services provided to
1883	the department by the wireless provider or telecommunications
1884	company. All such fees collected by the department shall be
1885	deposited directly into the Law Enforcement Radio Operating
1886	Trust Fund, and may be used by the department to construct,
1887	maintain, or support the system.
1888	Reviser's note.-Amended to confirm an editorial
1889	substitution; 47 U.S.C. s. 153(27) defines the term
1890	"mobile service," and 47 U.S.C. s. 153(n) does not
1891	exist.
1892	Section 49.  Subsection (4) of section 288.012, Florida
1893	Statutes, is amended to read:
1894	288.012  State of Florida foreign offices.-The Legislature
1895	finds that the expansion of international trade and tourism is
1896	vital to the overall health and growth of the economy of this
1897	state. This expansion is hampered by the lack of technical and
1898	business assistance, financial assistance, and information
1899	services for businesses in this state. The Legislature finds
1900	that these businesses could be assisted by providing these
1901	services at State of Florida foreign offices. The Legislature
1902	further finds that the accessibility and provision of services
1903	at these offices can be enhanced through cooperative agreements
1904	or strategic alliances between state entities, local entities,
1905	foreign entities, and private businesses.
1906	(4)  The Office of Tourism, Trade, and Economic
1907	Development, in connection with the establishment, operation,
1908	and management of any of its offices located in a foreign
1909	country, is exempt from the provisions of ss. 255.21, 255.25,
1910	and 255.254 relating to leasing of buildings; ss. 283.33 and
1911	283.35 relating to bids for printing; ss. 287.001-287.20
1912	relating to purchasing and motor vehicles; and ss. 282.003-
1913	282.0056 and 282.702-282.7101 282.003-282.111 relating to
1914	communications, and from all statutory provisions relating to
1915	state employment.
1916	(a)  The Office of Tourism, Trade, and Economic Development
1917	may exercise such exemptions only upon prior approval of the
1918	Governor.
1919	(b)  If approval for an exemption under this section is
1920	granted as an integral part of a plan of operation for a
1921	specified foreign office, such action shall constitute
1922	continuing authority for the Office of Tourism, Trade, and
1923	Economic Development to exercise the exemption, but only in the
1924	context and upon the terms originally granted. Any modification
1925	of the approved plan of operation with respect to an exemption
1926	contained therein must be resubmitted to the Governor for his or
1927	her approval. An approval granted to exercise an exemption in
1928	any other context shall be restricted to the specific instance
1929	for which the exemption is to be exercised.
1930	(c)  As used in this subsection, the term "plan of
1931	operation" means the plan developed pursuant to subsection (2).
1932	(d)  Upon final action by the Governor with respect to a
1933	request to exercise the exemption authorized in this subsection,
1934	the Office of Tourism, Trade, and Economic Development shall
1935	report such action, along with the original request and any
1936	modifications thereto, to the President of the Senate and the
1937	Speaker of the House of Representatives within 30 days.
1938	Reviser's note.-Amended to conform to the
1939	redesignation of sections within chapter 282 by ch.
1940	2009-80, Laws of Florida, and the further
1941	redesignation of s. 282.710 as s. 282.7101 by the
1942	reviser incident to compiling the 2009 Florida
1943	Statutes.
1944	Section 50.  Subsection (2) of section 288.021, Florida
1945	Statutes, is amended to read:
1946	288.021  Economic development liaison.-
1947	(2)  Within 30 days of April 17, 1992, and Whenever it is
1948	necessary to change the designee, the head of each agency shall
1949	notify the Governor in writing of the person designated as the
1950	economic development liaison for such agency.
1951	Reviser's note.-Amended to delete obsolete language.
1952	Section 51.  Paragraph (e) of subsection (2) of section
1953	288.0656, Florida Statutes, is amended to read:
1954	288.0656  Rural Economic Development Initiative.-
1955	(2)  As used in this section, the term:
1956	(e)  "Rural community" means:
1957	1.  A county with a population of 75,000 or fewer less.
1958	2.  A county with a population of 125,000 or fewer which is
1959	contiguous to a county with a population of 75,000 or fewer.
1960	3.  A municipality within a county described in
1961	subparagraph 1. or subparagraph 2.
1962	4.  An unincorporated federal enterprise community or an
1963	incorporated rural city with a population of 25,000 or fewer
1964	less and an employment base focused on traditional agricultural
1965	or resource-based industries, located in a county not defined as
1966	rural, which has at least three or more of the economic distress
1967	factors identified in paragraph (c) and verified by the Office
1968	of Tourism, Trade, and Economic Development.
1969
1970	For purposes of this paragraph, population shall be determined
1971	in accordance with the most recent official estimate pursuant to
1972	s. 186.901.
1973	Reviser's note.-Amended to provide contextual
1974	consistency within the paragraph.
1975	Section 52.  Paragraph (d) of subsection (5) of section
1976	288.1081, Florida Statutes, is amended to read:
1977	288.1081  Economic Gardening Business Loan Pilot Program.-
1978	(5)
1979	(d)  A loan administrator is entitled to receive a loan
1980	origination fee, payable at closing, of 1 percent of each loan
1981	issued by the loan administrator and a servicing fee of 0.625
1982	percent per annum of the loan's outstanding principal principle
1983	balance, payable monthly. During the first 12 months of the
1984	loan, the servicing fee shall be paid from the disbursement from
1985	the Economic Development Trust Fund, and thereafter the loan
1986	administrator shall collect the servicing fee from the payments
1987	made by the borrower, charging the fee against repayments of
1988	principal.
1989	Reviser's note.-Amended to confirm an editorial
1990	substitution made to conform to context.
1991	Section 53.  Subsection (6) of section 288.1169, Florida
1992	Statutes, is amended to read:
1993	288.1169  International Game Fish Association World Center
1994	facility.-
1995	(6)  The Department of Commerce must recertify every 10
1996	years that the facility is open, that the International Game
1997	Fish Association World Center continues to be the only
1998	international administrative headquarters, fishing museum, and
1999	Hall of Fame in the United States recognized by the
2000	International Game Fish Association, and that the project is
2001	meeting the minimum projections for attendance or sales tax
2002	revenues as required at the time of original certification. If
2003	the facility is not recertified during this 10-year review as
2004	meeting the minimum projections, then funding shall be abated
2005	until certification criteria are met. If the project fails to
2006	generate $1 million of annual revenues pursuant to paragraph
2007	(2)(e), the distribution of revenues pursuant to s.
2008	212.20(6)(d)6.d. 212.02(6)(d)6.d. shall be reduced to an amount
2009	equal to $83,333 multiplied by a fraction, the numerator of
2010	which is the actual revenues generated and the denominator of
2011	which is $1 million. Such reduction remains in effect until
2012	revenues generated by the project in a 12-month period equal or
2013	exceed $1 million.
2014	Reviser's note.-Amended to correct an apparent error.
2015	Section 9, ch. 2009-68, Laws of Florida, revised the
2016	cite from s. 212.20(6)(d)7.d. to s. 212.02(6)(d)6.d.
2017	to conform to s. 2, ch. 2009-68, which amended s.
2018	212.20(6)(d) to delete subparagraph 2. and
2019	redesignated subsequent subparagraphs. Section 212.02
2020	does not contain a paragraph (6)(d).
2021	Section 54.  Paragraph (b) of subsection (9) of section
2022	288.1224, Florida Statutes, is amended to read:
2023	288.1224  Powers and duties.-The commission:
2024	(9)  Is authorized to establish and operate tourism offices
2025	in foreign countries in the execution of its responsibilities
2026	for promoting the development of tourism. To facilitate the
2027	performance of these responsibilities, the commission is
2028	authorized to contract with the commission's direct-support
2029	organization to establish and administer such offices. Where
2030	feasible, appropriate, and recommended by the 4-year marketing
2031	plan, the commission may collocate the programs of foreign
2032	tourism offices in cooperation with any foreign office operated
2033	by any agency of this state.
2034	(b)  The Florida Commission on Tourism, or its direct-
2035	support organization, in connection with the establishment,
2036	operation, and management of any of its tourism offices located
2037	in a foreign country, is exempt from the provisions of ss.
2038	255.21, 255.25, and 255.254 relating to leasing of buildings;
2039	ss. 283.33 and 283.35 relating to bids for printing; ss.
2040	287.001-287.20 relating to purchasing and motor vehicles; and
2041	ss. 282.003-282.0056 and 282.702-282.7101 282.003-282.111
2042	relating to communications, and from all statutory provisions
2043	relating to state employment, if the laws, administrative code,
2044	or business practices or customs of the foreign country, or
2045	political or administrative subdivision thereof, in which such
2046	office is located are in conflict with these provisions.
2047	Reviser's note.-Amended to conform to the
2048	redesignation of sections within chapter 282 by ch.
2049	2009-80, Laws of Florida, and the further
2050	redesignation of s. 282.710 as s. 282.7101 by the
2051	reviser incident to compiling the 2009 Florida
2052	Statutes.
2053	Section 55.  Paragraph (a) of subsection (4) of section
2054	311.12, Florida Statutes, is amended to read:
2055	311.12  Seaport security.-
2056	(4)  SECURE AND RESTRICTED AREAS.-Each seaport listed in s.
2057	311.09 must clearly designate in seaport security plans, and
2058	clearly identify with appropriate signs and markers on the
2059	premises of a seaport, all secure and restricted areas as
2060	defined by the United States Department of Homeland Security-
2061	United States Coast Guard Navigation and Vessel Inspection
2062	Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
2063	address access eligibility requirements and corresponding
2064	security enforcement authorizations.
2065	(a)  The seaport's security plan must set forth the
2066	conditions and restrictions to be imposed on persons employed
2067	at, doing business at, or visiting the seaport who have access
2068	to secure and restricted areas which are sufficient to provide
2069	substantial compliance with the minimum security standards
2070	established in subsection (1) and federal regulations.
2071	1.  All seaport employees and other persons working at the
2072	seaport who have regular access to secure or restricted areas
2073	must comply with federal access control regulations and state
2074	criminal history checks as prescribed in this section.
2075	2.  All persons and objects in secure and restricted areas
2076	are subject to search by a sworn state-certified law enforcement
2077	officer, a Class D seaport security officer certified under
2078	Maritime Transportation Security Act of 2002 guidelines and s.
2079	311.121, or an employee of the seaport security force certified
2080	under the Maritime Transportation Security Act of 2002
2081	guidelines and s. 311.121.
2082	3.  Persons found in these areas without the proper
2083	permission are subject to the trespass provisions of ss. 810.08
2084	and 810.09.
2085	Reviser's note.-Amended to conform to the full title
2086	of the act.
2087	Section 56.  Paragraph (c) of subsection (3) of section
2088	311.121, Florida Statutes, is amended to read:
2089	311.121  Qualifications, training, and certification of
2090	licensed security officers at Florida seaports.-
2091	(3)  The Seaport Security Officer Qualification, Training,
2092	and Standards Coordinating Council is created under the
2093	Department of Law Enforcement.
2094	(c)  Council members designated under subparagraphs (a)1.-
2095	4. shall serve for the duration of their employment or
2096	appointment. Council members designated under subparagraphs
2097	(a)5.-9. (b)5.-9. shall be appointed for 4-year terms.
2098	Reviser's note.-Amended to confirm an editorial
2099	substitution; paragraph (b) does not contain
2100	subparagraphs, and subparagraphs (a)5.-9. relate to
2101	designation of specified council members.
2102	Section 57.  Subsection (3) of section 311.122, Florida
2103	Statutes, is amended to read:
2104	311.122  Seaport law enforcement agency; authorization;
2105	requirements; powers; training.-
2106	(3)  If a seaport creates a seaport law enforcement agency
2107	for its facility, a minimum of 30 percent of the aggregate
2108	personnel of each seaport law enforcement agency shall be sworn
2109	state-certified law enforcement officers with additional
2110	Maritime Transportation Security Act of 2002 seaport training; a
2111	minimum of 30 percent of on-duty personnel of each seaport law
2112	enforcement agency shall be sworn state-certified law
2113	enforcement officers with additional Maritime Transportation
2114	Security Act of 2002 seaport training; and at least one on-duty
2115	supervisor must be a sworn state-certified law enforcement
2116	officer with additional Maritime Transportation Security Act of
2117	2002 seaport training.
2118	Reviser's note.-Amended to conform to the full title
2119	of the act.
2120	Section 58.  Subsection (17) of section 318.18, Florida
2121	Statutes, is amended to read:
2122	318.18  Amount of penalties.-The penalties required for a
2123	noncriminal disposition pursuant to s. 318.14 or a criminal
2124	offense listed in s. 318.17 are as follows:
2125	(17)  In addition to any penalties imposed, a surcharge of
2126	$3 must be paid for all criminal offenses listed in s. 318.17
2127	and for all noncriminal moving traffic violations under chapter
2128	316. Revenue from the surcharge shall be remitted to the
2129	Department of Revenue and deposited quarterly into the State
2130	Agency Law Enforcement Radio System Trust Fund of the Department
2131	of Management Services for the state agency law enforcement
2132	radio system, as described in s. 282.709, and to provide
2133	technical assistance to state agencies and local law enforcement
2134	agencies with their statewide systems of regional law
2135	enforcement communications, as described in s. 282.7101 282.710.
2136	This subsection expires July 1, 2012. The Department of
2137	Management Services may retain funds sufficient to recover the
2138	costs and expenses incurred for managing, administering, and
2139	overseeing the Statewide Law Enforcement Radio System, and
2140	providing technical assistance to state agencies and local law
2141	enforcement agencies with their statewide systems of regional
2142	law enforcement communications. The Department of Management
2143	Services working in conjunction with the Joint Task Force on
2144	State Agency Law Enforcement Communications shall determine and
2145	direct the purposes for which these funds are used to enhance
2146	and improve the radio system.
2147	Reviser's note.-Amended to conform to the
2148	redesignation of s. 282.710 as s. 282.7101 by the
2149	reviser incident to compiling the 2009 Florida
2150	Statutes.
2151	Section 59.  Subsection (13) of section 318.21, Florida
2152	Statutes, is amended to read:
2153	318.21  Disposition of civil penalties by county courts.-
2154	All civil penalties received by a county court pursuant to the
2155	provisions of this chapter shall be distributed and paid monthly
2156	as follows:
2157	(13)  Of the proceeds from the fine under s. 318.18(15)
2158	318.18(14), $65 shall be remitted to the Department of Revenue
2159	for deposit into the Administrative Trust Fund of the Department
2160	of Health and the remaining $60 shall be distributed pursuant to
2161	subsections (1) and (2).
2162	Reviser's note.-Amended to conform to the
2163	redesignation of s. 318.18(14) as s. 318.18(15). Two
2164	subsections (14) were created by different 2005 laws,
2165	and this reference was renumbered as subsection (15).
2166	Section 60.  Section 321.02, Florida Statutes, is amended
2167	to read:
2168	321.02  Powers and duties of department, highway patrol.-
2169	The director of the Division of Highway Patrol of the Department
2170	of Highway Safety and Motor Vehicles shall also be the commander
2171	of the Florida Highway Patrol. The said department shall set up
2172	and promulgate rules and regulations by which the personnel of
2173	the Florida Highway Patrol officers shall be examined, employed,
2174	trained, located, suspended, reduced in rank, discharged,
2175	recruited, paid and pensioned, subject to civil service
2176	provisions hereafter set out. The department may enter into
2177	contracts or agreements, with or without competitive bidding or
2178	procurement, to make available, on a fair, reasonable,
2179	nonexclusive, and nondiscriminatory basis, property and other
2180	structures under division control for the placement of new
2181	facilities by any wireless provider of mobile service as defined
2182	in 47 U.S.C. s. 153(27) 153(n) or s. 332(d), and any
2183	telecommunications company as defined in s. 364.02 when it is
2184	determined to be practical and feasible to make such property or
2185	other structures available. The department may, without adopting
2186	a rule, charge a just, reasonable, and nondiscriminatory fee for
2187	placement of the facilities, payable annually, based on the fair
2188	market value of space used by comparable communications
2189	facilities in the state. The department and a wireless provider
2190	or telecommunications company may negotiate the reduction or
2191	elimination of a fee in consideration of services provided to
2192	the division by the wireless provider or the telecommunications
2193	company. All such fees collected by the department shall be
2194	deposited directly into the State Agency Law Enforcement Radio
2195	System Trust Fund, and may be used to construct, maintain, or
2196	support the system. The department is further specifically
2197	authorized to purchase, sell, trade, rent, lease and maintain
2198	all necessary equipment, uniforms, motor vehicles, communication
2199	systems, housing facilities, office space, and perform any other
2200	acts necessary for the proper administration and enforcement of
2201	this chapter. However, all supplies and equipment consisting of
2202	single items or in lots shall be purchased under the
2203	requirements of s. 287.057. Purchases shall be made by accepting
2204	the bid of the lowest responsive bidder, the right being
2205	reserved to reject all bids. The department shall prescribe a
2206	distinctive uniform and distinctive emblem to be worn by all
2207	officers of the Florida Highway Patrol. It shall be unlawful for
2208	any other person or persons to wear a similar uniform or emblem,
2209	or any part or parts thereof. The department shall also
2210	prescribe distinctive colors for use on motor vehicles and
2211	motorcycles operated by the Florida Highway Patrol. The
2212	prescribed colors shall be referred to as "Florida Highway
2213	Patrol black and tan."
2214	Reviser's note.-Amended to confirm an editorial
2215	substitution; 47 U.S.C. s. 153(27) defines the term
2216	"mobile service," and 47 U.S.C. s. 153(n) does not
2217	exist.
2218	Section 61.  Section 322.181, Florida Statutes, is
2219	repealed.
2220	Reviser's note.-Repeals material requiring a study and
2221	report due February 1, 2004.
2222	Section 62.  Paragraph (b) of subsection (2) of section
2223	322.271, Florida Statutes, is amended to read:
2224	322.271  Authority to modify revocation, cancellation, or
2225	suspension order.-
2226	(2)  At such hearing, the person whose license has been
2227	suspended, canceled, or revoked may show that such suspension,
2228	cancellation, or revocation causes a serious hardship and
2229	precludes the person from carrying out his or her normal
2230	business occupation, trade, or employment and that the use of
2231	the person's license in the normal course of his or her business
2232	is necessary to the proper support of the person or his or her
2233	family.
2234	(b)  The department may waive the hearing process for
2235	suspensions and revocations upon request by the driver if the
2236	driver has enrolled in or completed the applicable driver
2237	training course approved under s. 318.1451 or the DUI program
2238	substance abuse education course and evaluation provided in s.
2239	316.193(5). However, the department may not waive the hearing
2240	for suspensions or revocations that involve death or serious
2241	bodily injury, multiple convictions for violations of s. 316.193
2242	pursuant to s. 322.27(5), or a second or subsequent suspension
2243	or revocation pursuant to the same provision of this chapter.
2244	This paragraph does not preclude the department from requiring a
2245	hearing for any suspension or revocation that it determines is
2246	warranted based on the severity of the offense.
2247	Reviser's note.-Amended to confirm an editorial
2248	insertion made to facilitate correct interpretation.
2249	Section 63.  Paragraph (x) of subsection (1) of section
2250	327.73, Florida Statutes, is amended to read:
2251	327.73  Noncriminal infractions.-
2252	(1)  Violations of the following provisions of the vessel
2253	laws of this state are noncriminal infractions:
2254	(x)  Section 253.04(3)(a) 253.04(4)(a), relating to
2255	carelessly causing seagrass scarring, for which the civil
2256	penalty upon conviction is:
2257	1.  For a first offense, $50.
2258	2.  For a second offense occurring within 12 months after a
2259	prior conviction, $250.
2260	3.  For a third offense occurring within 36 months after a
2261	prior conviction, $500.
2262	4.  For a fourth or subsequent offense occurring within 72
2263	months after a prior conviction, $1,000.
2264
2265	Any person cited for a violation of any such provision shall be
2266	deemed to be charged with a noncriminal infraction, shall be
2267	cited for such an infraction, and shall be cited to appear
2268	before the county court. The civil penalty for any such
2269	infraction is $50, except as otherwise provided in this section.
2270	Any person who fails to appear or otherwise properly respond to
2271	a uniform boating citation shall, in addition to the charge
2272	relating to the violation of the boating laws of this state, be
2273	charged with the offense of failing to respond to such citation
2274	and, upon conviction, be guilty of a misdemeanor of the second
2275	degree, punishable as provided in s. 775.082 or s. 775.083. A
2276	written warning to this effect shall be provided at the time
2277	such uniform boating citation is issued.
2278	Reviser's note.-Amended to confirm an editorial
2279	substitution necessitated by the repeal of former
2280	subsection (3) by s. 59, ch. 2009-86, Laws of Florida.
2281	Section 64.  Subsection (26) of section 334.044, Florida
2282	Statutes, is amended to read:
2283	334.044  Department; powers and duties.-The department
2284	shall have the following general powers and duties:
2285	(26)  To provide for the enhancement of environmental
2286	benefits, including air and water quality; to prevent roadside
2287	erosion; to conserve the natural roadside growth and scenery;
2288	and to provide for the implementation and maintenance of
2289	roadside conservation, enhancement, and stabilization
2290	stabilization, and programs. No less than 1.5 percent of the
2291	amount contracted for construction projects shall be allocated
2292	by the department for the purchase of plant materials, with, to
2293	the greatest extent practical, a minimum of 50 percent of these
2294	funds for large plant materials and the remaining funds for
2295	other plant materials. All such plant materials shall be
2296	purchased from Florida commercial nursery stock in this state on
2297	a uniform competitive bid basis. The department will develop
2298	grades and standards for landscaping materials purchased through
2299	this process. To accomplish these activities, the department may
2300	contract with nonprofit organizations having the primary purpose
2301	of developing youth employment opportunities.
2302	Reviser's note.-Amended to confirm an editorial
2303	substitution made to correct an apparent error.
2304	Section 65.  Subsection (5) of section 337.0261, Florida
2305	Statutes, is repealed.
2306	Reviser's note.-Repealed to delete references to the
2307	"Strategic Aggregates Review Task Force," which was
2308	dissolved on July 1, 2008.
2309	Section 66.  Paragraph (a) of subsection (2) of section
2310	337.16, Florida Statutes, is amended to read:
2311	337.16  Disqualification of delinquent contractors from
2312	bidding; determination of contractor nonresponsibility; denial,
2313	suspension, and revocation of certificates of qualification;
2314	grounds; hearing.-
2315	(2)  For reasons other than delinquency in progress, the
2316	department, for good cause, may determine any contractor not
2317	having a certificate of qualification nonresponsible for a
2318	specified period of time or may deny, suspend, or revoke any
2319	certificate of qualification. Good cause includes, but is not
2320	limited to, circumstances in which a contractor or the
2321	contractor's official representative:
2322	(a)  Makes or submits to the department false, deceptive,
2323	or fraudulent statements or materials in any bid proposal to the
2324	department, any application for a certificate of qualification,
2325	any certification of payment pursuant to s. 337.11(11)
2326	337.11(10), or any administrative or judicial proceeding;
2327	Reviser's note.-Amended to conform to the
2328	redesignation of s. 337.11(10) as s. 337.11(11) by s.
2329	7, ch. 2009-85, Laws of Florida.
2330	Section 67.  Subsection (3) of section 338.235, Florida
2331	Statutes, is amended to read:
2332	338.235  Contracts with department for provision of
2333	services on the turnpike system.-
2334	(3)  The department may enter into contracts or agreements,
2335	with or without competitive bidding or procurement, to make
2336	available, on a fair, reasonable, nonexclusive, and
2337	nondiscriminatory basis, turnpike property and other turnpike
2338	structures, for the placement of wireless facilities by any
2339	wireless provider of mobile services as defined in 47 U.S.C. s.
2340	153(27) 153(n) or s. 332(d), and any telecommunications company
2341	as defined in s. 364.02 when it is determined to be practical
2342	and feasible to make such property or structures available. The
2343	department may, without adopting a rule, charge a just,
2344	reasonable, and nondiscriminatory fee for placement of the
2345	facilities, payable annually, based on the fair market value of
2346	space used by comparable communications facilities in the state.
2347	The department and a wireless provider may negotiate the
2348	reduction or elimination of a fee in consideration of goods or
2349	services provided to the department by the wireless provider.
2350	All such fees collected by the department shall be deposited
2351	directly into the State Agency Law Enforcement Radio System
2352	Trust Fund and may be used to construct, maintain, or support
2353	the system.
2354	Reviser's note.-Amended to confirm an editorial
2355	substitution; 47 U.S.C. s. 153(27) defines the term
2356	"mobile service," and 47 U.S.C. s. 153(n) does not
2357	exist.
2358	Section 68.  Paragraph (a) of subsection (8) of section
2359	365.172, Florida Statutes, is amended to read:
2360	365.172  Emergency communications number "E911."-
2361	(8)  E911 FEE.-
2362	(a)  Each voice communications services provider shall
2363	collect the fee described in this subsection. Each provider, as
2364	part of its monthly billing process, shall bill the fee as
2365	follows. The fee shall not be assessed on any pay telephone in
2366	the state.
2367	1.  Each local exchange carrier shall bill the fee to the
2368	local exchange subscribers on a service-identifier basis, up to
2369	a maximum of 25 access lines per account bill rendered.
2370	2.  Except in the case of prepaid wireless service, each
2371	wireless provider shall bill the fee to a subscriber on a per-
2372	service-identifier basis for service identifiers whose primary
2373	place of use is within this state. Before July 1, 2009, the fee
2374	shall not be assessed on or collected from a provider with
2375	respect to an end user's service if that end user's service is a
2376	prepaid calling arrangement that is subject to s. 212.05(1)(e).
2377	a.  The board shall conduct a study to determine whether it
2378	is feasible to collect E911 fees from the sale of prepaid
2379	wireless service. If, based on the findings of the study, the
2380	board determines that a fee should not be collected from the
2381	sale of prepaid wireless service, it shall report its findings
2382	and recommendation to the Governor, the President of the Senate,
2383	and the Speaker of the House of Representatives by December 31,
2384	2008. If the board determines that a fee should be collected
2385	from the sale of prepaid wireless service, the board shall
2386	collect the fee beginning July 1, 2009.
2387	b.  For purposes of this section, the term:
2388	(I)  "Prepaid wireless service" means the right to access
2389	telecommunications services that must be paid for in advance and
2390	is sold in predetermined units or dollars enabling the
2391	originator to make calls such that the number of units or
2392	dollars declines with use in a known amount.
2393	(II)  "Prepaid wireless service providers" includes those
2394	persons who sell prepaid wireless service regardless of its
2395	form, either as a retailer or reseller.
2396	c.  The study must include an evaluation of methods by
2397	which E911 fees may be collected from end users and purchasers
2398	of prepaid wireless service on an equitable, efficient,
2399	competitively neutral, and nondiscriminatory basis and must
2400	consider whether the collection of fees on prepaid wireless
2401	service would constitute an efficient use of public funds given
2402	the technological and practical considerations of collecting the
2403	fee based on the varying methodologies prepaid wireless service
2404	providers and their agents use in marketing prepaid wireless
2405	service.
2406	d.  The study must include a review and evaluation of the
2407	collection of E911 fees on prepaid wireless service at the point
2408	of sale within the state. This evaluation must be consistent
2409	with the collection principles of end user charges such as those
2410	in s. 212.05(1)(e).
2411	e.  No later than 90 days after this section becomes law,
2412	the board shall require all prepaid wireless service providers,
2413	including resellers, to provide the board with information that
2414	the board determines is necessary to discharge its duties under
2415	this section, including information necessary for its
2416	recommendation, such as total retail and reseller prepaid
2417	wireless service sales.
2418	f.  All subscriber information provided by a prepaid
2419	wireless service provider in response to a request from the
2420	board while conducting this study is subject to s. 365.174.
2421	g.  The study shall be conducted by an entity competent and
2422	knowledgeable in matters of state taxation policy if the board
2423	does not possess that expertise. The study must be paid from the
2424	moneys distributed to the board for administrative purposes
2425	under s. 365.173(2)(f) but may not exceed $250,000.
2426	3.  All voice communications services providers not
2427	addressed under subparagraphs 1. and 2. shall bill the fee on a
2428	per-service-identifier basis for service identifiers whose
2429	primary place of use is within the state up to a maximum of 25
2430	service identifiers for each account bill rendered.
2431
2432	The provider may list the fee as a separate entry on each bill,
2433	in which case the fee must be identified as a fee for E911
2434	services. A provider shall remit the fee to the board only if
2435	the fee is paid by the subscriber. If a provider receives a
2436	partial payment for a monthly bill from a subscriber, the amount
2437	received shall first be applied to the payment due the provider
2438	for providing voice communications service.
2439	Reviser's note.-Amended to delete obsolete language.
2440	Section 69.  Subsection (4) of section 373.046, Florida
2441	Statutes, is amended to read:
2442	373.046  Interagency agreements.-
2443	(4)  The Legislature recognizes and affirms the division of
2444	responsibilities between the department and the water management
2445	districts as set forth in ss. III. and X. of each of the
2446	operating agreements codified as rules 17-101.040(12)(a)3., 4.,
2447	and 5., Florida Administrative Code. Section IV.A.2.a. of each
2448	operating agreement regarding individual permit oversight is
2449	rescinded. The department shall be responsible for permitting
2450	those activities under part IV of this chapter which, because of
2451	their complexity and magnitude, need to be economically and
2452	efficiently evaluated at the state level, including, but not
2453	limited to, mining, hazardous waste management facilities and
2454	solid waste management facilities that do not qualify for a
2455	general permit under chapter 403. With regard to
2456	postcertification information submittals for activities
2457	authorized under chapters 341 and 403 siting act certifications,
2458	the department, after consultation with the appropriate water
2459	management district and other agencies having applicable
2460	regulatory jurisdiction, shall be responsible for determining
2461	the permittee's compliance with conditions of certification
2462	which were based upon the nonprocedural requirements of part IV
2463	of this chapter. The Legislature authorizes the water management
2464	districts and the department to modify the division of
2465	responsibilities referenced in this section and enter into
2466	further interagency agreements by rulemaking, including
2467	incorporation by reference, pursuant to chapter 120, to provide
2468	for greater efficiency and to avoid duplication in the
2469	administration of part IV of this chapter by designating certain
2470	activities which will be regulated by either the water
2471	management districts or the department. In developing such
2472	interagency agreements, the water management districts and the
2473	department should take into consideration the technical and
2474	fiscal ability of each water management district to implement
2475	all or some of the provisions of part IV of this chapter.
2476	Nothing herein rescinds or restricts the authority of the
2477	districts to regulate silviculture and agriculture pursuant to
2478	part IV of this chapter or s. 403.927. By December 10, 1993, the
2479	secretary of the department shall submit a report to the
2480	President of the Senate and the Speaker of the House of
2481	Representatives regarding the efficiency of the procedures and
2482	the division of responsibilities contemplated by this subsection
2483	and regarding progress toward the execution of further
2484	interagency agreements and the integration of permitting with
2485	sovereignty lands approval. The report also will consider the
2486	feasibility of improving the protection of the environment
2487	through comprehensive criteria for protection of natural
2488	systems.
2489	Reviser's note.-Amended to delete obsolete language.
2490	Section 70.  Subsection (7) of section 373.236, Florida
2491	Statutes, is amended to read:
2492	373.236  Duration of permits; compliance reports.-
2493	(7)  A permit approved for a renewable energy generating
2494	facility or the cultivation of agricultural products on lands
2495	consisting of 1,000 acres or more for use in the production of
2496	renewable energy, as defined in s. 366.91(2)(d), shall be
2497	granted for a term of at least 25 years at the applicant's
2498	request based on the anticipated life of the facility if there
2499	is sufficient data to provide reasonable assurance that the
2500	conditions for permit issuance will be met for the duration of
2501	the permit; otherwise, a permit may be issued for a shorter
2502	duration that reflects the longest period for which such
2503	reasonable assurances are provided. Such a permit is subject to
2504	compliance reports under subsection (4).
2505	Reviser's note.-Amended to confirm an editorial
2506	insertion made to improve clarity and correct sentence
2507	construction.
2508	Section 71.  Subsection (5) of section 376.30713, Florida
2509	Statutes, is repealed.
2510	Reviser's note.-Repeals material relating to a report
2511	due by December 31, 1998, on the progress and level of
2512	activity made regarding preapproved advanced cleanup.
2513	Section 72.  Paragraph (f) of subsection (2) of section
2514	377.709, Florida Statutes, is amended to read:
2515	377.709  Funding by electric utilities of local
2516	governmental solid waste facilities that generate electricity.-
2517	(2)  DEFINITIONS.-As used in this section, the term:
2518	(f)  "Solid waste facility" means a facility owned or
2519	operated by, or on behalf of, a local government for the purpose
2520	of disposing of solid waste, as that term is defined in s.
2521	403.703(32) 403.703(13), by any process that produces heat and
2522	incorporates, as a part of the facility, the means of converting
2523	heat to electrical energy in amounts greater than actually
2524	required for the operation of the facility.
2525	Reviser's note.-Amended to correct a cross-reference.
2526	The definition for "solid waste" is at s. 403.703(32)
2527	as amended by s. 6, ch. 2007-184, Laws of Florida.
2528	Section 73.  Paragraph (a) of subsection (29) of section
2529	380.06, Florida Statutes, is amended to read:
2530	380.06  Developments of regional impact.-
2531	(29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
2532	(a)  The following are exempt from this section:
2533	1.  Any proposed development in a municipality that
2534	qualifies as a dense urban land area as defined in s. 163.3164;
2535	2.  Any proposed development within a county that qualifies
2536	as a dense urban land area as defined in s. 163.3164 and that is
2537	located within an urban service area as defined in s. 163.3164
2538	which has been adopted into the comprehensive plan; or
2539	3.  Any proposed development within a county, including the
2540	municipalities located therein, which has a population of at
2541	least 900,000, which qualifies as a dense urban land area under
2542	s. 163.3164, but which does not have an urban service area
2543	designated in the comprehensive plan.
2544	Reviser's note.-Amended to improve clarity.
2545	Section 74.  Subsection (6) of section 381.84, Florida
2546	Statutes, is reenacted to read:
2547	381.84  Comprehensive Statewide Tobacco Education and Use
2548	Prevention Program.-
2549	(6)  CONTRACT REQUIREMENTS.-Contracts or grants for the
2550	program components or subcomponents described in paragraphs
2551	(3)(a)-(f) shall be awarded by the State Surgeon General, after
2552	consultation with the council, on the basis of merit, as
2553	determined by an open, competitive, peer-reviewed process that
2554	ensures objectivity, consistency, and high quality. The
2555	department shall award such grants or contracts no later than
2556	October 1 for each fiscal year. A recipient of a contract or
2557	grant for the program component described in paragraph (3)(c) is
2558	not eligible for a contract or grant award for any other program
2559	component described in subsection (3) in the same state fiscal
2560	year. A school or college of medicine that is represented on the
2561	council is not eligible to receive a contract or grant under
2562	this section. For the 2009-2010 fiscal year only, the department
2563	shall award a contract or grant in the amount of $10 million to
2564	the AHEC network for the purpose of developing the components
2565	described in paragraph (3)(i). The AHEC network may apply for a
2566	competitive contract or grant after the 2009-2010 fiscal year.
2567	(a)  In order to ensure that all proposals for funding are
2568	appropriate and are evaluated fairly on the basis of merit, the
2569	State Surgeon General, in consultation with the council, shall
2570	appoint a peer review panel of independent, qualified experts in
2571	the field of tobacco control to review the content of each
2572	proposal and establish its priority score. The priority scores
2573	shall be forwarded to the council and must be considered in
2574	determining which proposals will be recommended for funding.
2575	(b)  The council and the peer review panel shall establish
2576	and follow rigorous guidelines for ethical conduct and adhere to
2577	a strict policy with regard to conflicts of interest. A member
2578	of the council or panel may not participate in any discussion or
2579	decision with respect to a research proposal by any firm,
2580	entity, or agency with which the member is associated as a
2581	member of the governing body or as an employee or with which the
2582	member has entered into a contractual arrangement. Meetings of
2583	the council and the peer review panels are subject to chapter
2584	119, s. 286.011, and s. 24, Art. I of the State Constitution.
2585	(c)  In each contract or grant agreement, the department
2586	shall limit the use of food and promotional items to no more
2587	than 2.5 percent of the total amount of the contract or grant
2588	and limit overhead or indirect costs to no more than 7.5 percent
2589	of the total amount of the contract or grant. The department, in
2590	consultation with the Department of Financial Services, shall
2591	publish guidelines for appropriate food and promotional items.
2592	(d)  In each advertising contract, the department shall
2593	limit the total of production fees, buyer commissions, and
2594	related costs to no more than 10 percent of the total contract
2595	amount.
2596	(e)  Notwithstanding the competitive process for contracts
2597	prescribed in this subsection, each county health department is
2598	eligible for core funding, on a per capita basis, to implement
2599	tobacco education and use prevention activities within that
2600	county.
2601	Reviser's note.-Section 3, ch. 2009-58, Laws of
2602	Florida, amended subsection (6) without publishing
2603	paragraphs (a)-(e). Absent affirmative evidence of
2604	legislative intent to repeal the omitted paragraphs,
2605	subsection (6) is reenacted to confirm the omission
2606	was not intended.
2607	Section 75.  Section 381.912, Florida Statutes, is
2608	repealed.
2609	Reviser's note.-Repealed to delete a section relating
2610	to the Cervical Cancer Elimination Task Force, which
2611	was dissolved after submitting its final report due on
2612	or before June 30, 2008.
2613	Section 76.  Section 382.357, Florida Statutes, is
2614	repealed.
2615	Reviser's note.-Repealed to delete a section
2616	applicable to a study to determine the feasibility of
2617	electronically filing original and new or amended
2618	birth certificates, documentation of paternity
2619	determinations, and adoptions with the Department of
2620	Health and a report of the findings to be made by July
2621	1, 2006.
2622	Section 77.  Subsections (2) and (3) of section 394.875,
2623	Florida Statutes, are amended to read:
2624	394.875  Crisis stabilization units, residential treatment
2625	facilities, and residential treatment centers for children and
2626	adolescents; authorized services; license required.-
2627	(2)  The requirements of part II of chapter 408 apply to
2628	the provision of services that require licensure under ss.
2629	394.455-394.903 394.455-394.904 and part II of chapter 408 and
2630	to entities licensed by or applying for such licensure from the
2631	Agency for Health Care Administration pursuant to ss. 394.455-
2632	394.903 394.455-394.904. A license issued by the agency is
2633	required in order to operate a crisis stabilization unit, a
2634	residential treatment facility, or a residential treatment
2635	center for children and adolescents, or to act as a crisis
2636	stabilization unit, a residential treatment facility, or a
2637	residential treatment center for children and adolescents in
2638	this state.
2639	(3)  The following are exempt from licensure as required in
2640	ss. 394.455-394.903 394.455-394.904:
2641	(a)  Homes for special services licensed under chapter 400.
2642	(b)  Nursing homes licensed under chapter 400.
2643	(c)  Comprehensive transitional education programs licensed
2644	under s. 393.067.
2645	Reviser's note.-Amended to conform to the repeal of s.
2646	394.904 by s. 10, ch. 2008-9, Laws of Florida.
2647	Section 78.  Paragraph (d) of subsection (2) of section
2648	394.9082, Florida Statutes, is amended to read:
2649	394.9082  Behavioral health managing entities.-
2650	(2)  DEFINITIONS.-As used in this section, the term:
2651	(d)  "Managing entity" means a corporation that is
2652	organized in this state, is designated or filed as a nonprofit
2653	organization under s. 501(c)(3) of the Internal Revenue Code
2654	Service, and is under contract to the department to manage the
2655	day-to-day operational delivery of behavioral health services
2656	through an organized system of care.
2657	Reviser's note.-Amended to confirm an editorial
2658	substitution made to correct an apparent error and
2659	facilitate correct interpretation.
2660	Section 79.  Paragraph (b) of subsection (1) of section
2661	395.4036, Florida Statutes, is amended to read:
2662	395.4036  Trauma payments.-
2663	(1)  Recognizing the Legislature's stated intent to provide
2664	financial support to the current verified trauma centers and to
2665	provide incentives for the establishment of additional trauma
2666	centers as part of a system of state-sponsored trauma centers,
2667	the department shall utilize funds collected under s. 318.18 and
2668	deposited into the Administrative Trust Fund of the department
2669	to ensure the availability and accessibility of trauma services
2670	throughout the state as provided in this subsection.
2671	(b)  Funds collected under s. 318.18(5)(c) and (20) (19)
2672	shall be distributed as follows:
2673	1.  Thirty percent of the total funds collected shall be
2674	distributed to Level II trauma centers operated by a public
2675	hospital governed by an elected board of directors as of
2676	December 31, 2008.
2677	2.  Thirty-five percent of the total funds collected shall
2678	be distributed to verified trauma centers based on trauma
2679	caseload volume for the most recent calendar year available. The
2680	determination of caseload volume for distribution of funds under
2681	this subparagraph shall be based on the department's Trauma
2682	Registry data.
2683	3.  Thirty-five percent of the total funds collected shall
2684	be distributed to verified trauma centers based on severity of
2685	trauma patients for the most recent calendar year available. The
2686	determination of severity for distribution of funds under this
2687	subparagraph shall be based on the department's International
2688	Classification Injury Severity Scores or another statistically
2689	valid and scientifically accepted method of stratifying a trauma
2690	patient's severity of injury, risk of mortality, and resource
2691	consumption as adopted by the department by rule, weighted based
2692	on the costs associated with and incurred by the trauma center
2693	in treating trauma patients. The weighting of scores shall be
2694	established by the department by rule.
2695	Reviser's note.-Amended to conform to the
2696	redesignation of s. 318.18(19), as created by s. 1,
2697	ch. 2009-138, Laws of Florida, as s. 318.18(20) to
2698	conform to the creation of a different subsection (19)
2699	by s. 3, ch. 2009-6, Laws of Florida.
2700	Section 80.  Subsection (32) of section 397.311, Florida
2701	Statutes, is amended to read:
2702	397.311  Definitions.-As used in this chapter, except part
2703	VIII, the term:
2704	(32)  "Service component" or "component" means a discrete
2705	operational entity within a service provider which is subject to
2706	licensing as defined by rule. Service components include
2707	prevention, intervention, and clinical treatment described in
2708	subsection (18) (17).
2709	Reviser's note.-Amended to correct a cross-reference.
2710	The referenced service components are set out in
2711	detail in subsection (18).
2712	Section 81.  Subsection (5) of section 397.334, Florida
2713	Statutes, is amended to read:
2714	397.334  Treatment-based drug court programs.-
2715	(5)  Treatment-based drug court programs may include
2716	pretrial intervention programs as provided in ss. 948.08,
2717	948.16, and 985.345, treatment-based drug court programs
2718	authorized in chapter 39, postadjudicatory programs, and review
2719	of the status of compliance or noncompliance of sentenced
2720	offenders through a treatment-based drug court program. While
2721	enrolled in a treatment-based drug court program, the
2722	participant is subject to a coordinated strategy developed by a
2723	drug court team under subsection (4) (3). The coordinated
2724	strategy may include a protocol of sanctions that may be imposed
2725	upon the participant for noncompliance with program rules. The
2726	protocol of sanctions may include, but is not limited to,
2727	placement in a substance abuse treatment program offered by a
2728	licensed service provider as defined in s. 397.311 or in a jail-
2729	based treatment program or serving a period of secure detention
2730	under chapter 985 if a child or a period of incarceration within
2731	the time limits established for contempt of court if an adult.
2732	The coordinated strategy must be provided in writing to the
2733	participant before the participant agrees to enter into a
2734	treatment-based drug court program.
2735	Reviser's note.-Amended to conform to the
2736	redesignation of subsection (3) as subsection (4) by
2737	s. 1, ch. 2009-64, Laws of Florida.
2738	Section 82.  Paragraph (u) of subsection (1) of section
2739	400.141, Florida Statutes, is amended to read:
2740	400.141  Administration and management of nursing home
2741	facilities.-
2742	(1)  Every licensed facility shall comply with all
2743	applicable standards and rules of the agency and shall:
2744	(u)  Before November 30 of each year, subject to the
2745	availability of an adequate supply of the necessary vaccine,
2746	provide for immunizations against influenza viruses to all its
2747	consenting residents in accordance with the recommendations of
2748	the United States Centers for Disease Control and Prevention,
2749	subject to exemptions for medical contraindications and
2750	religious or personal beliefs. Subject to these exemptions, any
2751	consenting person who becomes a resident of the facility after
2752	November 30 but before March 31 of the following year must be
2753	immunized within 5 working days after becoming a resident.
2754	Immunization shall not be provided to any resident who provides
2755	documentation that he or she has been immunized as required by
2756	this paragraph. This paragraph does not prohibit a resident from
2757	receiving the immunization from his or her personal physician if
2758	he or she so chooses. A resident who chooses to receive the
2759	immunization from his or her personal physician shall provide
2760	proof of immunization to the facility. The agency may adopt and
2761	enforce any rules necessary to comply with or implement this
2762	paragraph subsection.
2763	Reviser's note.-Amended to conform to the
2764	redesignation of subunits by s. 39, ch. 2009-223, Laws
2765	of Florida.
2766	Section 83.  Section 400.195, Florida Statutes, is
2767	repealed.
2768	Reviser's note.-Repealed to delete language applicable
2769	to reports by the Agency for Health Care
2770	Administration with respect to nursing homes for a
2771	period ending June 30, 2005.
2772	Section 84.  Subsection (6) of section 400.474, Florida
2773	Statutes, is amended to read:
2774	400.474  Administrative penalties.-
2775	(6)  The agency may deny, revoke, or suspend the license of
2776	a home health agency and shall impose a fine of $5,000 against a
2777	home health agency that:
2778	(a)  Gives remuneration for staffing services to:
2779	1.  Another home health agency with which it has formal or
2780	informal patient-referral transactions or arrangements; or
2781	2.  A health services pool with which it has formal or
2782	informal patient-referral transactions or arrangements,
2783
2784	unless the home health agency has activated its comprehensive
2785	emergency management plan in accordance with s. 400.492. This
2786	paragraph does not apply to a Medicare-certified home health
2787	agency that provides fair market value remuneration for staffing
2788	services to a non-Medicare-certified home health agency that is
2789	part of a continuing care facility licensed under chapter 651
2790	for providing services to its own residents if each resident
2791	receiving home health services pursuant to this arrangement
2792	attests in writing that he or she made a decision without
2793	influence from staff of the facility to select, from a list of
2794	Medicare-certified home health agencies provided by the
2795	facility, that Medicare-certified home health agency to provide
2796	the services.
2797	(b)  Provides services to residents in an assisted living
2798	facility for which the home health agency does not receive fair
2799	market value remuneration.
2800	(c)  Provides staffing to an assisted living facility for
2801	which the home health agency does not receive fair market value
2802	remuneration.
2803	(d)  Fails to provide the agency, upon request, with copies
2804	of all contracts with assisted living facilities which were
2805	executed within 5 years before the request.
2806	(e)  Gives remuneration to a case manager, discharge
2807	planner, facility-based staff member, or third-party vendor who
2808	is involved in the discharge planning process of a facility
2809	licensed under chapter 395, chapter 429, or this chapter from
2810	whom the home health agency receives referrals.
2811	(f)  Fails to submit to the agency, within 15 days after
2812	the end of each calendar quarter, a written report that includes
2813	the following data based on data as it existed on the last day
2814	of the quarter:
2815	1.  The number of insulin-dependent diabetic patients
2816	receiving insulin-injection services from the home health
2817	agency;
2818	2.  The number of patients receiving both home health
2819	services from the home health agency and hospice services;
2820	3.  The number of patients receiving home health services
2821	from that home health agency; and
2822	4.  The names and license numbers of nurses whose primary
2823	job responsibility is to provide home health services to
2824	patients and who received remuneration from the home health
2825	agency in excess of $25,000 during the calendar quarter.
2826	(g)  Gives cash, or its equivalent, to a Medicare or
2827	Medicaid beneficiary.
2828	(h)  Has more than one medical director contract in effect
2829	at one time or more than one medical director contract and one
2830	contract with a physician-specialist whose services are mandated
2831	for the home health agency in order to qualify to participate in
2832	a federal or state health care program at one time.
2833	(i)  Gives remuneration to a physician without a medical
2834	director contract being in effect. The contract must:
2835	1.  Be in writing and signed by both parties;
2836	2.  Provide for remuneration that is at fair market value
2837	for an hourly rate, which must be supported by invoices
2838	submitted by the medical director describing the work performed,
2839	the dates on which that work was performed, and the duration of
2840	that work; and
2841	3.  Be for a term of at least 1 year.
2842
2843	The hourly rate specified in the contract may not be increased
2844	during the term of the contract. The home health agency may not
2845	execute a subsequent contract with that physician which has an
2846	increased hourly rate and covers any portion of the term that
2847	was in the original contract.
2848	(j)  Gives remuneration to:
2849	1.  A physician, and the home health agency is in violation
2850	of paragraph (h) or paragraph (i);
2851	2.  A member of the physician's office staff; or
2852	3.  An immediate family member of the physician,
2853
2854	if the home health agency has received a patient referral in the
2855	preceding 12 months from that physician or physician's office
2856	staff.
2857	(k)  Fails to provide to the agency, upon request, copies
2858	of all contracts with a medical director which were executed
2859	within 5 years before the request.
2860	(l)  Demonstrates a pattern of billing the Medicaid program
2861	for services to Medicaid recipients which are medically
2862	unnecessary as determined by a final order. A pattern may be
2863	demonstrated by a showing of at least two such medically
2864	unnecessary services within one Medicaid program integrity audit
2865	period.
2866
2867	Nothing in paragraph (e) or paragraph (j) shall be interpreted
2868	as applying to or precluding any discount, compensation, waiver
2869	of payment, or payment practice permitted by 42 U.S.C. s. 1320a-
2870	7(b) 52 U.S.C. s. 1320a-7(b) or regulations adopted thereunder,
2871	including 42 C.F.R. s. 1001.952 or s. 1395nn or regulations
2872	adopted thereunder.
2873	Reviser's note.-Amended to confirm an editorial
2874	substitution; 42 U.S.C. s. 1320a-7(b) includes
2875	exemptions from application of criminal penalties
2876	relating to federal health care programs, and 52
2877	U.S.C. s. 1320a-7(b) does not exist.
2878	Section 85.  Paragraph (a) of subsection (11) of section
2879	403.0872, Florida Statutes, is amended to read:
2880	403.0872  Operation permits for major sources of air
2881	pollution; annual operation license fee.-Provided that program
2882	approval pursuant to 42 U.S.C. s. 7661a has been received from
2883	the United States Environmental Protection Agency, beginning
2884	January 2, 1995, each major source of air pollution, including
2885	electrical power plants certified under s. 403.511, must obtain
2886	from the department an operation permit for a major source of
2887	air pollution under this section. This operation permit is the
2888	only department operation permit for a major source of air
2889	pollution required for such source; provided, at the applicant's
2890	request, the department shall issue a separate acid rain permit
2891	for a major source of air pollution that is an affected source
2892	within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
2893	for major sources of air pollution, except general permits
2894	issued pursuant to s. 403.814, must be issued in accordance with
2895	the procedures contained in this section and in accordance with
2896	chapter 120; however, to the extent that chapter 120 is
2897	inconsistent with the provisions of this section, the procedures
2898	contained in this section prevail.
2899	(11)  Each major source of air pollution permitted to
2900	operate in this state must pay between January 15 and March 1 of
2901	each year, upon written notice from the department, an annual
2902	operation license fee in an amount determined by department
2903	rule. The annual operation license fee shall be terminated
2904	immediately in the event the United States Environmental
2905	Protection Agency imposes annual fees solely to implement and
2906	administer the major source air-operation permit program in
2907	Florida under 40 C.F.R. s. 70.10(d).
2908	(a)  The annual fee must be assessed based upon the
2909	source's previous year's emissions and must be calculated by
2910	multiplying the applicable annual operation license fee factor
2911	times the tons of each regulated air pollutant (except carbon
2912	monoxide) allowed to be emitted per hour by specific condition
2913	of the source's most recent construction or operation permit,
2914	times the annual hours of operation allowed by permit condition;
2915	provided, however, that:
2916	1.  The license fee factor is $25 or another amount
2917	determined by department rule which ensures that the revenue
2918	provided by each year's operation license fees is sufficient to
2919	cover all reasonable direct and indirect costs of the major
2920	stationary source air-operation permit program established by
2921	this section. The license fee factor may be increased beyond $25
2922	only if the secretary of the department affirmatively finds that
2923	a shortage of revenue for support of the major stationary source
2924	air-operation permit program will occur in the absence of a fee
2925	factor adjustment. The annual license fee factor may never
2926	exceed $35.
2927	2.  For any source that operates for fewer hours during the
2928	calendar year than allowed under its permit, the annual fee
2929	calculation must be based upon actual hours of operation rather
2930	than allowable hours if the owner or operator of the source
2931	documents the source's actual hours of operation for the
2932	calendar year. For any source that has an emissions limit that
2933	is dependent upon the type of fuel burned, the annual fee
2934	calculation must be based on the emissions limit applicable
2935	during actual hours of operation.
2936	3.  For any source whose allowable emission limitation is
2937	specified by permit per units of material input or heat input or
2938	product output, the applicable input or production amount may be
2939	used to calculate the allowable emissions if the owner or
2940	operator of the source documents the actual input or production
2941	amount. If the input or production amount is not documented, the
2942	maximum allowable input or production amount specified in the
2943	permit must be used to calculate the allowable emissions.
2944	4.  For any new source that does not receive its first
2945	operation permit until after the beginning of a calendar year,
2946	the annual fee for the year must be reduced pro rata to reflect
2947	the period during which the source was not allowed to operate.
2948	5.  For any source that emits less of any regulated air
2949	pollutant than allowed by permit condition, the annual fee
2950	calculation for such pollutant must be based upon actual
2951	emissions rather than allowable emissions if the owner or
2952	operator documents the source's actual emissions by means of
2953	data from a department-approved certified continuous emissions
2954	monitor or from an emissions monitoring method which has been
2955	approved by the United States Environmental Protection Agency
2956	under the regulations implementing 42 U.S.C. ss. 7651 et seq.,
2957	or from a method approved by the department for purposes of this
2958	section.
2959	6.  The amount of each regulated air pollutant in excess of
2960	4,000 tons per year allowed to be emitted by any source, or
2961	group of sources belonging to the same Major Group as described
2962	in the Standard Industrial Classification Manual, 1987, may not
2963	be included in the calculation of the fee. Any source, or group
2964	of sources, which does not emit any regulated air pollutant in
2965	excess of 4,000 tons per year, is allowed a one-time credit not
2966	to exceed 25 percent of the first annual licensing fee for the
2967	prorated portion of existing air-operation permit application
2968	fees remaining upon commencement of the annual licensing fees.
2969	7.  If the department has not received the fee by February
2970	15 of the calendar year, the permittee must be sent a written
2971	warning of the consequences for failing to pay the fee by March
2972	1. If the fee is not postmarked by March 1 of the calendar year,
2973	the department shall impose, in addition to the fee, a penalty
2974	of 50 percent of the amount of the fee, plus interest on such
2975	amount computed in accordance with s. 220.807. The department
2976	may not impose such penalty or interest on any amount underpaid,
2977	provided that the permittee has timely remitted payment of at
2978	least 90 percent of the amount determined to be due and remits
2979	full payment within 60 days after receipt of notice of the
2980	amount underpaid. The department may waive the collection of
2981	underpayment and shall not be required to refund overpayment of
2982	the fee, if the amount due is less than 1 percent of the fee, up
2983	to $50. The department may revoke any major air pollution source
2984	operation permit if it finds that the permitholder has failed to
2985	timely pay any required annual operation license fee, penalty,
2986	or interest.
2987	8.  Notwithstanding the computational provisions of this
2988	subsection, the annual operation license fee for any source
2989	subject to this section shall not be less than $250, except that
2990	the annual operation license fee for sources permitted solely
2991	through general permits issued under s. 403.814 shall not exceed
2992	$50 per year.
2993	9.  Notwithstanding the provisions of s. 403.087(6)(a)5.a.
2994	403.087(6)(a)4.a., authorizing air pollution construction permit
2995	fees, the department may not require such fees for changes or
2996	additions to a major source of air pollution permitted pursuant
2997	to this section, unless the activity triggers permitting
2998	requirements under Title I, Part C or Part D, of the federal
2999	Clean Air Act, 42 U.S.C. ss. 7470-7514a. Costs to issue and
3000	administer such permits shall be considered direct and indirect
3001	costs of the major stationary source air-operation permit
3002	program under s. 403.0873. The department shall, however,
3003	require fees pursuant to the provisions of s. 403.087(6)(a)5.a.
3004	403.087(6)(a)4.a. for the construction of a new major source of
3005	air pollution that will be subject to the permitting
3006	requirements of this section once constructed and for activities
3007	triggering permitting requirements under Title I, Part C or Part
3008	D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.
3009	Reviser's note.-Amended to conform to the
3010	redesignation of s. 403.087(6)(a)4.a. as s.
3011	403.087(6)(a)5.a. by s. 19, ch. 2008-150, Laws of
3012	Florida.
3013	Section 86.  Subsection (8) of section 403.93345, Florida
3014	Statutes, is amended to read:
3015	403.93345  Coral reef protection.-
3016	(8)  In addition to the compensation described in
3017	subsection (5), the department may assess, per occurrence, civil
3018	penalties according to the following schedule:
3019	(a)  For any anchoring of a vessel on a coral reef or for
3020	any other damage to a coral reef totaling less than or equal to
3021	an area of 1 square meter, $150, provided that a responsible
3022	party who has anchored a recreational vessel as defined in s.
3023	327.02 which is lawfully registered or exempt from registration
3024	pursuant to chapter 328 is issued, at least once, a warning
3025	letter in lieu of penalty; with aggravating circumstances, an
3026	additional $150; occurring within a state park or aquatic
3027	preserve, an additional $150.
3028	(b)  For damage totaling more than an area of 1 square
3029	meter but less than or equal to an area of 10 square meters,
3030	$300 per square meter; with aggravating circumstances, an
3031	additional $300 per square meter; occurring within a state park
3032	or aquatic preserve, an additional $300 per square meter.
3033	(c)  For damage exceeding an area of 10 square meters,
3034	$1,000 per square meter; with aggravating circumstances, an
3035	additional $1,000 per square meter; occurring within a state
3036	park or aquatic preserve, an additional $1,000 per square meter.
3037	(d)  For a second violation, the total penalty may be
3038	doubled.
3039	(e)  For a third violation, the total penalty may be
3040	tripled.
3041	(f)  For any violation after a third violation, the total
3042	penalty may be quadrupled.
3043	(g)  The total of penalties levied may not exceed $250,000
3044	per occurrence.
3045	Reviser's note.-Amended to confirm an editorial
3046	insertion made to improve clarity.
3047	Section 87.  Section 403.9336, Florida Statutes, is amended
3048	to read:
3049	403.9336  Legislative findings.-The Legislature finds that
3050	the implementation of the Model Ordinance for Florida-Friendly
3051	Fertilizer Use on Urban Landscapes (2008), which was developed
3052	by the department in conjunction with the Florida Consumer
3053	Fertilizer Task Force, the Department of Agriculture and
3054	Consumer Services, and the University of Florida Institute of
3055	Food and Agricultural Sciences, will assist in protecting the
3056	quality of Florida's surface water and groundwater resources.
3057	The Legislature further finds that local conditions, including
3058	variations in the types and quality of water bodies, site-
3059	specific soils and geology, and urban or rural densities and
3060	characteristics, may necessitate the implementation of
3061	additional or more stringent fertilizer management practices at
3062	the local government level.
3063	Reviser's note.-Amended to conform to the name of the
3064	task force as created in s. 576.092; the task force
3065	has been abolished, and s. 576.092 is repealed by this
3066	act.
3067	Section 88.  Subsections (6) and (7) of section 408.0361,
3068	Florida Statutes, are repealed.
3069	Reviser's note.-Subsection (6) is repealed to delete
3070	language establishing an advisory group to study the
3071	issue of replacing certificate-of-need review of organ
3072	transplant programs with licensure regulation of organ
3073	transplant programs and to submit a report by July 1,
3074	2005. Subsection (7) is repealed to delete language
3075	establishing a workgroup to study certificate-of-need
3076	regulations and changing market conditions related to
3077	the supply and distribution of hospital beds and to
3078	submit a report by July 1, 2005.
3079	Section 89.  Paragraph (k) of subsection (3) of section
3080	408.05, Florida Statutes, is amended to read:
3081	408.05  Florida Center for Health Information and Policy
3082	Analysis.-
3083	(3)  COMPREHENSIVE HEALTH INFORMATION SYSTEM.-In order to
3084	produce comparable and uniform health information and statistics
3085	for the development of policy recommendations, the agency shall
3086	perform the following functions:
3087	(k)  Develop, in conjunction with the State Consumer Health
3088	Information and Policy Advisory Council, and implement a long-
3089	range plan for making available health care quality measures and
3090	financial data that will allow consumers to compare health care
3091	services. The health care quality measures and financial data
3092	the agency must make available shall include, but is not limited
3093	to, pharmaceuticals, physicians, health care facilities, and
3094	health plans and managed care entities. The agency shall submit
3095	the initial plan to the Governor, the President of the Senate,
3096	and the Speaker of the House of Representatives by January 1,
3097	2006, and shall update the plan and report on the status of its
3098	implementation annually thereafter. The agency shall also make
3099	the plan and status report available to the public on its
3100	Internet website. As part of the plan, the agency shall identify
3101	the process and timeframes for implementation, any barriers to
3102	implementation, and recommendations of changes in the law that
3103	may be enacted by the Legislature to eliminate the barriers. As
3104	preliminary elements of the plan, the agency shall:
3105	1.  Make available patient-safety indicators, inpatient
3106	quality indicators, and performance outcome and patient charge
3107	data collected from health care facilities pursuant to s.
3108	408.061(1)(a) and (2). The terms "patient-safety indicators" and
3109	"inpatient quality indicators" shall be as defined by the
3110	Centers for Medicare and Medicaid Services, the National Quality
3111	Forum, the Joint Commission on Accreditation of Healthcare
3112	Organizations, the Agency for Healthcare Research and Quality,
3113	the Centers for Disease Control and Prevention, or a similar
3114	national entity that establishes standards to measure the
3115	performance of health care providers, or by other states. The
3116	agency shall determine which conditions, procedures, health care
3117	quality measures, and patient charge data to disclose based upon
3118	input from the council. When determining which conditions and
3119	procedures are to be disclosed, the council and the agency shall
3120	consider variation in costs, variation in outcomes, and
3121	magnitude of variations and other relevant information. When
3122	determining which health care quality measures to disclose, the
3123	agency:
3124	a.  Shall consider such factors as volume of cases; average
3125	patient charges; average length of stay; complication rates;
3126	mortality rates; and infection rates, among others, which shall
3127	be adjusted for case mix and severity, if applicable.
3128	b.  May consider such additional measures that are adopted
3129	by the Centers for Medicare and Medicaid Studies, National
3130	Quality Forum, the Joint Commission on Accreditation of
3131	Healthcare Organizations, the Agency for Healthcare Research and
3132	Quality, Centers for Disease Control and Prevention, or a
3133	similar national entity that establishes standards to measure
3134	the performance of health care providers, or by other states.
3135
3136	When determining which patient charge data to disclose, the
3137	agency shall include such measures as the average of
3138	undiscounted charges on frequently performed procedures and
3139	preventive diagnostic procedures, the range of procedure charges
3140	from highest to lowest, average net revenue per adjusted patient
3141	day, average cost per adjusted patient day, and average cost per
3142	admission, among others.
3143	2.  Make available performance measures, benefit design,
3144	and premium cost data from health plans licensed pursuant to
3145	chapter 627 or chapter 641. The agency shall determine which
3146	health care quality measures and member and subscriber cost data
3147	to disclose, based upon input from the council. When determining
3148	which data to disclose, the agency shall consider information
3149	that may be required by either individual or group purchasers to
3150	assess the value of the product, which may include membership
3151	satisfaction, quality of care, current enrollment or membership,
3152	coverage areas, accreditation status, premium costs, plan costs,
3153	premium increases, range of benefits, copayments and
3154	deductibles, accuracy and speed of claims payment, credentials
3155	of physicians, number of providers, names of network providers,
3156	and hospitals in the network. Health plans shall make available
3157	to the agency any such data or information that is not currently
3158	reported to the agency or the office.
3159	3.  Determine the method and format for public disclosure
3160	of data reported pursuant to this paragraph. The agency shall
3161	make its determination based upon input from the State Consumer
3162	Health Information and Policy Advisory Council. At a minimum,
3163	the data shall be made available on the agency's Internet
3164	website in a manner that allows consumers to conduct an
3165	interactive search that allows them to view and compare the
3166	information for specific providers. The website must include
3167	such additional information as is determined necessary to ensure
3168	that the website enhances informed decisionmaking among
3169	consumers and health care purchasers, which shall include, at a
3170	minimum, appropriate guidance on how to use the data and an
3171	explanation of why the data may vary from provider to provider.
3172	The data specified in subparagraph 1. shall be released no later
3173	than January 1, 2006, for the reporting of infection rates, and
3174	no later than October 1, 2005, for mortality rates and
3175	complication rates. The data specified in subparagraph 2. shall
3176	be released no later than October 1, 2006.
3177	4.  Publish on its website undiscounted charges for no
3178	fewer than 150 of the most commonly performed adult and
3179	pediatric procedures, including outpatient, inpatient,
3180	diagnostic, and preventative procedures.
3181	Reviser's note.-Amended to delete provisions that have
3182	served their purpose.
3183	Section 90.  Subsection (25) of section 408.820, Florida
3184	Statutes, is amended to read:
3185	408.820  Exemptions.-Except as prescribed in authorizing
3186	statutes, the following exemptions shall apply to specified
3187	requirements of this part:
3188	(25)  Health care clinics, as provided under part X of
3189	chapter 400, are exempt from s. 408.810(6), (7), and (10).
3190	Reviser's note.-Amended to confirm an editorial
3191	insertion made to improve clarity.
3192	Section 91.  Subsection (3) of section 409.816, Florida
3193	Statutes, is amended to read:
3194	409.816  Limitations on premiums and cost-sharing.-The
3195	following limitations on premiums and cost-sharing are
3196	established for the program.
3197	(3)  Enrollees in families with a family income above 150
3198	percent of the federal poverty level who are not receiving
3199	coverage under the Medicaid program or who are not eligible
3200	under s. 409.814(6) 409.814(7) may be required to pay enrollment
3201	fees, premiums, copayments, deductibles, coinsurance, or similar
3202	charges on a sliding scale related to income, except that the
3203	total annual aggregate cost-sharing with respect to all children
3204	in a family may not exceed 5 percent of the family's income.
3205	However, copayments, deductibles, coinsurance, or similar
3206	charges may not be imposed for preventive services, including
3207	well-baby and well-child care, age-appropriate immunizations,
3208	and routine hearing and vision screenings.
3209	Reviser's note.-Amended to correct an apparent error
3210	and conform to context. The reference was to s.
3211	409.814(5) prior to amendment of s. 409.816(3) by s.
3212	9, ch. 2009-113, Laws of Florida; s. 7, ch. 2009-113,
3213	redesignated s. 409.814(5) as s. 409.814(6).
3214	Section 92.  Subsection (5) of section 409.905, Florida
3215	Statutes, is reenacted to read:
3216	409.905  Mandatory Medicaid services.-The agency may make
3217	payments for the following services, which are required of the
3218	state by Title XIX of the Social Security Act, furnished by
3219	Medicaid providers to recipients who are determined to be
3220	eligible on the dates on which the services were provided. Any
3221	service under this section shall be provided only when medically
3222	necessary and in accordance with state and federal law.
3223	Mandatory services rendered by providers in mobile units to
3224	Medicaid recipients may be restricted by the agency. Nothing in
3225	this section shall be construed to prevent or limit the agency
3226	from adjusting fees, reimbursement rates, lengths of stay,
3227	number of visits, number of services, or any other adjustments
3228	necessary to comply with the availability of moneys and any
3229	limitations or directions provided for in the General
3230	Appropriations Act or chapter 216.
3231	(5)  HOSPITAL INPATIENT SERVICES.-The agency shall pay for
3232	all covered services provided for the medical care and treatment
3233	of a recipient who is admitted as an inpatient by a licensed
3234	physician or dentist to a hospital licensed under part I of
3235	chapter 395. However, the agency shall limit the payment for
3236	inpatient hospital services for a Medicaid recipient 21 years of
3237	age or older to 45 days or the number of days necessary to
3238	comply with the General Appropriations Act.
3239	(a)  The agency is authorized to implement reimbursement
3240	and utilization management reforms in order to comply with any
3241	limitations or directions in the General Appropriations Act,
3242	which may include, but are not limited to: prior authorization
3243	for inpatient psychiatric days; prior authorization for
3244	nonemergency hospital inpatient admissions for individuals 21
3245	years of age and older; authorization of emergency and urgent-
3246	care admissions within 24 hours after admission; enhanced
3247	utilization and concurrent review programs for highly utilized
3248	services; reduction or elimination of covered days of service;
3249	adjusting reimbursement ceilings for variable costs; adjusting
3250	reimbursement ceilings for fixed and property costs; and
3251	implementing target rates of increase. The agency may limit
3252	prior authorization for hospital inpatient services to selected
3253	diagnosis-related groups, based on an analysis of the cost and
3254	potential for unnecessary hospitalizations represented by
3255	certain diagnoses. Admissions for normal delivery and newborns
3256	are exempt from requirements for prior authorization. In
3257	implementing the provisions of this section related to prior
3258	authorization, the agency shall ensure that the process for
3259	authorization is accessible 24 hours per day, 7 days per week
3260	and authorization is automatically granted when not denied
3261	within 4 hours after the request. Authorization procedures must
3262	include steps for review of denials. Upon implementing the prior
3263	authorization program for hospital inpatient services, the
3264	agency shall discontinue its hospital retrospective review
3265	program.
3266	(b)  A licensed hospital maintained primarily for the care
3267	and treatment of patients having mental disorders or mental
3268	diseases is not eligible to participate in the hospital
3269	inpatient portion of the Medicaid program except as provided in
3270	federal law. However, the department shall apply for a waiver,
3271	within 9 months after June 5, 1991, designed to provide
3272	hospitalization services for mental health reasons to children
3273	and adults in the most cost-effective and lowest cost setting
3274	possible. Such waiver shall include a request for the
3275	opportunity to pay for care in hospitals known under federal law
3276	as "institutions for mental disease" or "IMD's." The waiver
3277	proposal shall propose no additional aggregate cost to the state
3278	or Federal Government, and shall be conducted in Hillsborough
3279	County, Highlands County, Hardee County, Manatee County, and
3280	Polk County. The waiver proposal may incorporate competitive
3281	bidding for hospital services, comprehensive brokering, prepaid
3282	capitated arrangements, or other mechanisms deemed by the
3283	department to show promise in reducing the cost of acute care
3284	and increasing the effectiveness of preventive care. When
3285	developing the waiver proposal, the department shall take into
3286	account price, quality, accessibility, linkages of the hospital
3287	to community services and family support programs, plans of the
3288	hospital to ensure the earliest discharge possible, and the
3289	comprehensiveness of the mental health and other health care
3290	services offered by participating providers.
3291	(c)  The agency shall adjust a hospital's current inpatient
3292	per diem rate to reflect the cost of serving the Medicaid
3293	population at that institution if:
3294	1.  The hospital experiences an increase in Medicaid
3295	caseload by more than 25 percent in any year, primarily
3296	resulting from the closure of a hospital in the same service
3297	area occurring after July 1, 1995;
3298	2.  The hospital's Medicaid per diem rate is at least 25
3299	percent below the Medicaid per patient cost for that year; or
3300	3.  The hospital is located in a county that has six or
3301	fewer general acute care hospitals, began offering obstetrical
3302	services on or after September 1999, and has submitted a request
3303	in writing to the agency for a rate adjustment after July 1,
3304	2000, but before September 30, 2000, in which case such
3305	hospital's Medicaid inpatient per diem rate shall be adjusted to
3306	cost, effective July 1, 2002.
3307
3308	By October 1 of each year, the agency must provide estimated
3309	costs for any adjustment in a hospital inpatient per diem rate
3310	to the Executive Office of the Governor, the House of
3311	Representatives General Appropriations Committee, and the Senate
3312	Appropriations Committee. Before the agency implements a change
3313	in a hospital's inpatient per diem rate pursuant to this
3314	paragraph, the Legislature must have specifically appropriated
3315	sufficient funds in the General Appropriations Act to support
3316	the increase in cost as estimated by the agency.
3317	(d)  The agency shall implement a hospitalist program in
3318	nonteaching hospitals, select counties, or statewide. The
3319	program shall require hospitalists to manage Medicaid
3320	recipients' hospital admissions and lengths of stay. Individuals
3321	who are dually eligible for Medicare and Medicaid are exempted
3322	from this requirement. Medicaid participating physicians and
3323	other practitioners with hospital admitting privileges shall
3324	coordinate and review admissions of Medicaid recipients with the
3325	hospitalist. The agency may competitively bid a contract for
3326	selection of a single qualified organization to provide
3327	hospitalist services. The agency may procure hospitalist
3328	services by individual county or may combine counties in a
3329	single procurement. The qualified organization shall contract
3330	with or employ board-eligible physicians in Miami-Dade, Palm
3331	Beach, Hillsborough, Pasco, and Pinellas Counties. The agency is
3332	authorized to seek federal waivers to implement this program.
3333	(e)  The agency shall implement a comprehensive utilization
3334	management program for hospital neonatal intensive care stays in
3335	certain high-volume participating hospitals, select counties, or
3336	statewide, and shall replace existing hospital inpatient
3337	utilization management programs for neonatal intensive care
3338	admissions. The program shall be designed to manage the lengths
3339	of stay for children being treated in neonatal intensive care
3340	units and must seek the earliest medically appropriate discharge
3341	to the child's home or other less costly treatment setting. The
3342	agency may competitively bid a contract for selection of a
3343	qualified organization to provide neonatal intensive care
3344	utilization management services. The agency is authorized to
3345	seek any federal waivers to implement this initiative.
3346	Reviser's note.-Section 5, ch. 2009-55, Laws of
3347	Florida, amended subsection (5) of s. 409.905 without
3348	publishing existing paragraphs (a), (b), (d), and (e).
3349	Absent affirmative evidence of legislative intent to
3350	repeal existing paragraphs (5)(a), (b), (d), and (e),
3351	subsection (5) is reenacted to confirm that the
3352	omission was not intended.
3353	Section 93.  Paragraph (b) of subsection (12) of section
3354	409.908, Florida Statutes, is amended to read:
3355	409.908  Reimbursement of Medicaid providers.-Subject to
3356	specific appropriations, the agency shall reimburse Medicaid
3357	providers, in accordance with state and federal law, according
3358	to methodologies set forth in the rules of the agency and in
3359	policy manuals and handbooks incorporated by reference therein.
3360	These methodologies may include fee schedules, reimbursement
3361	methods based on cost reporting, negotiated fees, competitive
3362	bidding pursuant to s. 287.057, and other mechanisms the agency
3363	considers efficient and effective for purchasing services or
3364	goods on behalf of recipients. If a provider is reimbursed based
3365	on cost reporting and submits a cost report late and that cost
3366	report would have been used to set a lower reimbursement rate
3367	for a rate semester, then the provider's rate for that semester
3368	shall be retroactively calculated using the new cost report, and
3369	full payment at the recalculated rate shall be effected
3370	retroactively. Medicare-granted extensions for filing cost
3371	reports, if applicable, shall also apply to Medicaid cost
3372	reports. Payment for Medicaid compensable services made on
3373	behalf of Medicaid eligible persons is subject to the
3374	availability of moneys and any limitations or directions
3375	provided for in the General Appropriations Act or chapter 216.
3376	Further, nothing in this section shall be construed to prevent
3377	or limit the agency from adjusting fees, reimbursement rates,
3378	lengths of stay, number of visits, or number of services, or
3379	making any other adjustments necessary to comply with the
3380	availability of moneys and any limitations or directions
3381	provided for in the General Appropriations Act, provided the
3382	adjustment is consistent with legislative intent.
3383	(12)
3384	(b)  The agency shall adopt a fee schedule, subject to any
3385	limitations or directions provided for in the General
3386	Appropriations Act, based on a resource-based relative value
3387	scale for pricing Medicaid physician services. Under this fee
3388	schedule, physicians shall be paid a dollar amount for each
3389	service based on the average resources required to provide the
3390	service, including, but not limited to, estimates of average
3391	physician time and effort, practice expense, and the costs of
3392	professional liability insurance. The fee schedule shall provide
3393	increased reimbursement for preventive and primary care services
3394	and lowered reimbursement for specialty services by using at
3395	least two conversion factors, one for cognitive services and
3396	another for procedural services. The fee schedule shall not
3397	increase total Medicaid physician expenditures unless moneys are
3398	available, and shall be phased in over a 2-year period beginning
3399	on July 1, 1994. The Agency for Health Care Administration shall
3400	seek the advice of a 16-member advisory panel in formulating and
3401	adopting the fee schedule. The panel shall consist of Medicaid
3402	physicians licensed under chapters 458 and 459 and shall be
3403	composed of 50 percent primary care physicians and 50 percent
3404	specialty care physicians.
3405	Reviser's note.-Amended to delete obsolete language.
3406	Section 94.  Subsection (5) of section 409.911, Florida
3407	Statutes, is amended to read:
3408	409.911  Disproportionate share program.-Subject to
3409	specific allocations established within the General
3410	Appropriations Act and any limitations established pursuant to
3411	chapter 216, the agency shall distribute, pursuant to this
3412	section, moneys to hospitals providing a disproportionate share
3413	of Medicaid or charity care services by making quarterly
3414	Medicaid payments as required. Notwithstanding the provisions of
3415	s. 409.915, counties are exempt from contributing toward the
3416	cost of this special reimbursement for hospitals serving a
3417	disproportionate share of low-income patients.
3418	(5)  The following formula shall be used to pay
3419	disproportionate share dollars to provider service network (PSN)
3420	hospitals:
3421	DSHP = TAAPSNH x (IHPSND x THPSND)
3422
3423	Where:
3424	DSHP = Disproportionate share hospital payments.
3425	TAAPSNH = Total amount available for PSN hospitals.
3426	IHPSND = Individual hospital PSN days.
3427	THPSND = Total of all hospital PSN days.
3428
3429	For purposes of this subsection paragraph, the PSN inpatient
3430	days shall be provided in the General Appropriations Act.
3431	Reviser's note.-Amended to confirm an editorial
3432	substitution; subsection (5) is not divided into
3433	paragraphs.
3434	Section 95.  Paragraph (f) of subsection (5) and paragraph
3435	(g) of subsection (15) of section 409.912, Florida Statutes, are
3436	repealed.
3437	Reviser's note.-Paragraph (5)(f) is repealed to delete
3438	language requiring a report due by December 31, 2007,
3439	analyzing the merits and challenges of seeking a
3440	waiver to implement a voluntary program that
3441	integrates payments and services for dually enrolled
3442	Medicare and Medicaid recipients who are 65 years of
3443	age or older. Paragraph (15)(g) is repealed to delete
3444	language requiring a report due by July 1, 2005,
3445	regarding the impact to the state of modifying level-
3446	of-care criteria to eliminate the Intermediate II
3447	level of care.
3448	Section 96.  Subsection (14) of section 409.91211, Florida
3449	Statutes, is amended to read:
3450	409.91211  Medicaid managed care pilot program.-
3451	(14)  It is the intent of the Legislature that if any
3452	conflict exists between the provisions contained in this section
3453	and other provisions of this chapter which relate to the
3454	implementation of the Medicaid managed care pilot program, the
3455	provisions contained in this section shall control. The agency
3456	shall provide a written report to the Legislature by April 1,
3457	2006, identifying any provisions of this chapter which conflict
3458	with the implementation of the Medicaid managed care pilot
3459	program created in this section. After April 1, 2006, The agency
3460	shall provide a written report to the Legislature immediately
3461	upon identifying any provisions of this chapter which conflict
3462	with the implementation of the Medicaid managed care pilot
3463	program created in this section.
3464	Reviser's note.-Amended to delete provisions that have
3465	served their purpose.
3466	Section 97.  Subsection (2) of section 420.628, Florida
3467	Statutes, is amended to read:
3468	420.628  Affordable housing for children and young adults
3469	leaving foster care; legislative findings and intent.-
3470	(2)  Young adults who leave the child welfare system meet
3471	the definition of eligible persons under ss. 420.503(17) and
3472	420.9071(10) ss.420.503(7) and 420.907(10) for affordable
3473	housing, and are encouraged to participate in federal, state,
3474	and local affordable housing programs. Students deemed to be
3475	eligible occupants under 26 U.S.C. s. 42(i)(3)(D) shall be
3476	considered eligible persons for purposes of all projects funded
3477	under this chapter.
3478	Reviser's note.-Amended to confirm editorial
3479	substitutions. Section 420.503(7) defines the term
3480	"community housing development organization," and
3481	subsection (17) defines the term "eligible persons."
3482	Section 420.907(10) does not exist, and s.
3483	420.9071(10) defines the term "eligible person."
3484	Section 98.  Paragraph (f) of subsection (18) of section
3485	430.04, Florida Statutes, is amended to read:
3486	430.04  Duties and responsibilities of the Department of
3487	Elderly Affairs.-The Department of Elderly Affairs shall:
3488	(18)  Administer all Medicaid waivers and programs relating
3489	to elders and their appropriations. The waivers include, but are
3490	not limited to:
3491	(f)  The Program of for All-inclusive Care for the Elderly.
3492	Reviser's note.-Amended to confirm an editorial
3493	substitution made to conform to the correct name of
3494	the program.
3495	Section 99.  Subsection (5) of section 440.105, Florida
3496	Statutes, is amended to read:
3497	440.105  Prohibited activities; reports; penalties;
3498	limitations.-
3499	(5)  It shall be unlawful for any attorney or other person,
3500	in his or her individual capacity or in his or her capacity as a
3501	public or private employee or for any firm, corporation,
3502	partnership, or association, to unlawfully solicit any business
3503	in and about city or county hospitals, courts, or any public
3504	institution or public place; in and about private hospitals or
3505	sanitariums; in and about any private institution; or upon
3506	private property of any character whatsoever for the purpose of
3507	making workers' compensation claims. Whoever violates any
3508	provision of this subsection commits a felony of the second
3509	degree, punishable as provided in s. 775.082, s. 775.083, or s.
3510	775.084 775.085.
3511	Reviser's note.-Amended to correct an apparent error
3512	and facilitate correct interpretation. The reference
3513	is not consistent with the contents of s. 775.085 but
3514	is consistent with the contents of s. 775.084.
3515	Section 100.  Subsection (3) of section 443.1117, Florida
3516	Statutes, is amended to read:
3517	443.1117  Temporary extended benefits.-
3518	(3)  TOTAL EXTENDED BENEFIT AMOUNT.-Except as provided in
3519	subsection (4) (5):
3520	(a)  For any week for which there is an "on" indicator
3521	pursuant to paragraph (2)(g) (3)(g), the total extended benefit
3522	amount payable to an eligible individual for her or his
3523	applicable benefit year is the lesser of:
3524	1.  Fifty percent of the total regular benefits payable
3525	under this chapter in the applicable benefit year; or
3526	2.  Thirteen times the weekly benefit amount payable under
3527	this chapter for a week of total unemployment in the applicable
3528	benefit year.
3529	(b)  For any high unemployment period as defined in
3530	paragraph (2)(h) (3)(h), the total extended benefit amount
3531	payable to an eligible individual for her or his applicable
3532	benefit year is the lesser of:
3533	1.  Eighty percent of the total regular benefits payable
3534	under this chapter in the applicable benefit year; or
3535	2.  Twenty times the weekly benefit amount payable under
3536	this chapter for a week of total unemployment in the applicable
3537	benefit year.
3538	Reviser's note.-The introductory language to
3539	subsection (3) is amended to correct an apparent error
3540	and facilitate correct interpretation. Subsection (5)
3541	does not exist; the content in subsection (4) relates
3542	to extended benefit periods. Paragraph (3)(a) is
3543	amended to confirm an editorial substitution;
3544	paragraph (2)(g) defines the term "state 'on'
3545	indicator," and paragraph (3)(g) does not exist.
3546	Paragraph (3)(b) is amended to confirm an editorial
3547	insertion; paragraph (2)(h) defines the term "high
3548	unemployment period," and paragraph (3)(h) does not
3549	exist.
3550	Section 101.  Subsection (9) of section 445.049, Florida
3551	Statutes, is repealed.
3552	Reviser's note.-Repealed to delete language requiring
3553	the Digital Divide Council to submit a report by March
3554	1, 2008, with results of the council's monitoring,
3555	reviewing, and evaluating of and recommendations on
3556	certain programs.
3557	Section 102.  Section 450.231, Florida Statutes, is amended
3558	to read:
3559	450.231  Annual reports to Legislature.-The commission
3560	shall report its findings, recommendations, and proposed
3561	legislation to each regular session of the Legislature no later
3562	than February 1 of each year beginning in 2006.
3563	Reviser's note.-Amended to delete a provision that has
3564	served its purpose.
3565	Section 103.  Paragraph (c) of subsection (1) of section
3566	456.041, Florida Statutes, is amended to read:
3567	456.041  Practitioner profile; creation.-
3568	(1)
3569	(c)  Within 30 calendar days after receiving an update of
3570	information required for the practitioner's profile, the
3571	department shall update the practitioner's profile in accordance
3572	with the requirements of subsection (8) (7).
3573	Reviser's note.-Amended to conform to the
3574	redesignation of subsection (7) as subsection (8) by
3575	s. 22, ch. 2009-223, Laws of Florida.
3576	Section 104.  Subsections (7) and (8) of section 466.0067,
3577	Florida Statutes, are amended to read:
3578	466.0067  Application for health access dental license.-The
3579	Legislature finds that there is an important state interest in
3580	attracting dentists to practice in underserved health access
3581	settings in this state and further, that allowing out-of-state
3582	dentists who meet certain criteria to practice in health access
3583	settings without the supervision of a dentist licensed in this
3584	state is substantially related to achieving this important state
3585	interest. Therefore, notwithstanding the requirements of s.
3586	466.006, the board shall grant a health access dental license to
3587	practice dentistry in this state in health access settings as
3588	defined in s. 466.003(14) to an applicant that:
3589	(7)  Currently holds a valid, active, dental license in
3590	good standing which has not been revoked, suspended, restricted,
3591	or otherwise disciplined from another of the these United
3592	States, the District of Columbia, or a United States territory;
3593	(8)  Has never had a license revoked from another of the
3594	these United States, the District of Columbia, or a United
3595	States territory;
3596	Reviser's note.-Amended to provide contextual
3597	consistency within the Florida Statutes.
3598	Section 105.  Subsection (1) of section 472.016, Florida
3599	Statutes, is amended to read:
3600	472.016  Members of Armed Forces in good standing with the
3601	board.-
3602	(1)  Any member of the Armed Forces of the United States
3603	who is now or in the future on active duty and who, at the time
3604	of becoming such a member of the Armed Forces, was in good
3605	standing with the board and entitled to practice or engage in
3606	surveying and mapping in the state shall be kept in good
3607	standing by the board, without registering, paying dues or fees,
3608	or performing any other act on his or her part to be performed,
3609	as long as he or she is a member of the Armed Forces of the
3610	United States on active duty and for a period of 6 months after
3611	discharge from active duty, provided that he or she is not
3612	engaged in the practice of surveying or mapping in the private
3613	sector for profit.
3614	Reviser's note.-Amended to confirm an editorial
3615	insertion made to improve clarity and facilitate
3616	correct interpretation.
3617	Section 106.  Subsection (1) of section 472.036, Florida
3618	Statutes, is amended to read:
3619	472.036  Unlicensed practice of professional surveying and
3620	mapping; cease and desist notice; civil penalty; enforcement;
3621	citations; allocation of moneys collected.-
3622	(1)  When the department has probable cause to believe that
3623	any person not licensed by the department or the board has
3624	violated any provision of this chapter, or any rule adopted
3625	pursuant to this chapter, the department may issue and deliver
3626	to such person a notice to cease and desist from such violation.
3627	In addition, the department may issue and deliver a notice to
3628	cease and desist to any person who aids and abets the unlicensed
3629	practice of surveying and mapping by employing such unlicensed
3630	person. The issuance of a notice to cease and desist shall not
3631	constitute agency action for which a hearing under ss. 120.569
3632	and 120.57 may be sought. For the purpose of enforcing a cease
3633	and desist order, the department may file a proceeding in the
3634	name of the state seeking issuance of an injunction or a writ of
3635	mandamus against any person who violates any provisions of such
3636	order. In addition to the foregoing remedies, the department may
3637	impose an administrative penalty not to exceed $5,000 per
3638	incident pursuant to the provisions of chapter 120 or may issue
3639	a citation pursuant to the provisions of subsection (3). If the
3640	department is required to seek enforcement of the order for a
3641	penalty pursuant to s. 120.569, it shall be entitled to collect
3642	its attorney's fees and costs, together with any cost of
3643	collection.
3644	Reviser's note.-Amended to confirm an editorial
3645	insertion made to improve clarity and facilitate
3646	correct interpretation.
3647	Section 107.  Subsection (4) of section 473.315, Florida
3648	Statutes, is amended to read:
3649	473.315  Independence, technical standards.-
3650	(4)  Attorneys who are admitted to practice law by the
3651	Supreme Court of Florida are exempt from the standards of
3652	practice of public accounting as defined in s. 473.302(8)(b) and
3653	(c) 473.302(7)(b) and (c) when such standards conflict with the
3654	rules of The Florida Bar or orders of the Florida Supreme Court.
3655	Reviser's note.-Amended to conform to the
3656	redesignation of s. 473.302(7)(b) and (c) as s.
3657	473.302(8)(b) and (c) by s. 3, ch. 2009-54, Laws of
3658	Florida.
3659	Section 108.  Paragraph (f) of subsection (5) of section
3660	489.119, Florida Statutes, is amended to read:
3661	489.119  Business organizations; qualifying agents.-
3662	(5)
3663	(f)  In addition to any other penalty prescribed by law, a
3664	local government may impose a civil fine pursuant to s.
3665	489.127(5) against a person who is not certified or registered
3666	under this part if the person:
3667	1.  Claims to be licensed in any offer of services,
3668	business proposal, bid, contract, or advertisement, but who does
3669	not possess a valid competency-based license issued by a local
3670	government in this state to perform the specified construction
3671	services; or
3672	2.  Claims to be insured in any offer of services, business
3673	proposal, bid, contract, or advertisement, but whose performance
3674	of the subject work is not covered by a general liability or
3675	workers' compensation insurance policy.
3676	Reviser's note.-Amended to confirm an editorial
3677	deletion made to improve clarity.
3678	Section 109.  Effective October 1, 2010, subsection (3) of
3679	section 494.00321, Florida Statutes, as created by section 27 of
3680	chapter 2009-241, Laws of Florida, is amended to read:
3681	494.00321  Mortgage broker license.-
3682	(3)  An application is considered received for the purposes
3683	of s. 120.60 upon the office's receipt of all documentation from
3684	the registry, including the completed application form, criminal
3685	history information, and independent credit report, as well as
3686	the license application fee, the fee required by s. 494.00172
3687	492.00172, and all applicable fingerprinting processing fees.
3688	Reviser's note.-Amended to confirm an editorial
3689	substitution; s. 494.00172 includes material relating
3690	to fees, and s. 492.00172 does not exist.
3691	Section 110.  Effective October 1, 2010, paragraph (f) of
3692	subsection (2) of section 494.00611, Florida Statutes, as
3693	created by section 43 of chapter 2009-241, Laws of Florida, is
3694	amended to read:
3695	494.00611  Mortgage lender license.-
3696	(2)  In order to apply for a mortgage lender license, an
3697	applicant must:
3698	(f)  Submit a copy of the applicant's financial audit
3699	report for the most recent fiscal year which, pursuant to United
3700	States generally accepted accounting principles. If the
3701	applicant is a wholly owned subsidiary of another corporation,
3702	the financial audit report for the parent corporation satisfies
3703	this requirement. The commission may establish by rule the form
3704	and procedures for filing the financial audit report, including
3705	the requirement to file the report with the registry when
3706	technology is available. The financial audit report must
3707	document that the applicant has a bona fide and verifiable net
3708	worth, of at least $63,000 if the applicant is not seeking a
3709	servicing endorsement, or at least $250,000 if the applicant is
3710	seeking a servicing endorsement, which must be continuously
3711	maintained as a condition of licensure. However, if the
3712	applicant held an active license issued before October 1, 2010,
3713	pursuant to former s. 494.0065, and the applicant is seeking a
3714	servicing endorsement, the minimum net worth requirement:
3715	1.  Until September 30, 2011, is $63,000.
3716	2.  Between October 1, 2011, and September 30, 2012, is
3717	$125,000.
3718	3.  On or after October 1, 2012, is $250,000.
3719	Reviser's note.-Amended to confirm an editorial
3720	deletion made to improve clarity and facilitate
3721	correct interpretation.
3722	Section 111.  Effective October 1, 2010, subsection (2) of
3723	section 494.0066, Florida Statutes, as amended by section 49 of
3724	chapter 2009-241, Laws of Florida, is amended to read:
3725	494.0066  Branch offices.-
3726	(2)  The office shall issue a branch office license to a
3727	mortgage lender after the office determines that the mortgage
3728	lender has submitted a completed branch office application form
3729	as prescribed by rule by the commission and an initial
3730	nonrefundable branch office license fee of $225 per branch
3731	office. Application fees may not be prorated for partial years
3732	of licensure. The branch office application must include the
3733	name and license number of the mortgage lender under this part,
3734	the name of the branch manager in charge of the branch office,
3735	and the address of the branch office. The branch office license
3736	shall be issued in the name of the mortgage lender and must be
3737	renewed in conjunction with the license renewal. An application
3738	is considered received for purposes of s. 120.60 upon receipt of
3739	a completed branch office renewal form, as prescribed by
3740	commission rule, and the required fees.
3741	Reviser's note.-Amended to confirm an editorial
3742	insertion made to provide clarity.
3743	Section 112.  Paragraph (a) of subsection (5) of section
3744	501.1377, Florida Statutes, is amended to read:
3745	501.1377  Violations involving homeowners during the course
3746	of residential foreclosure proceedings.-
3747	(5)  FORECLOSURE-RESCUE TRANSACTIONS; WRITTEN AGREEMENT.-
3748	(a)1.  A foreclosure-rescue transaction must include a
3749	written agreement prepared in at least 12-point uppercase type
3750	that is completed, signed, and dated by the homeowner and the
3751	equity purchaser before executing any instrument from the
3752	homeowner to the equity purchaser quitclaiming, assigning,
3753	transferring, conveying, or encumbering an interest in the
3754	residential real property in foreclosure. The equity purchaser
3755	must give the homeowner a copy of the completed agreement within
3756	3 hours after the homeowner signs the agreement. The agreement
3757	must contain the entire understanding of the parties and must
3758	include:
3759	a.  The name, business address, and telephone number of the
3760	equity purchaser.
3761	b.  The street address and full legal description of the
3762	property.
3763	c.  Clear and conspicuous disclosure of any financial or
3764	legal obligations of the homeowner that will be assumed by the
3765	equity purchaser.
3766	d.  The total consideration to be paid by the equity
3767	purchaser in connection with or incident to the acquisition of
3768	the property by the equity purchaser.
3769	e.  The terms of payment or other consideration, including,
3770	but not limited to, any services that the equity purchaser
3771	represents will be performed for the homeowner before or after
3772	the sale.
3773	f.  The date and time when possession of the property is to
3774	be transferred to the equity purchaser.
3775	2.  A foreclosure-rescue transaction agreement must
3776	contain, above the signature line, a statement in at least 12-
3777	point uppercase type that substantially complies with the
3778	following:
3779
3780	I UNDERSTAND THAT UNDER THIS AGREEMENT I AM SELLING MY
3781	HOME TO THE OTHER UNDERSIGNED PARTY.
3782	3.  A foreclosure-rescue transaction agreement must state
3783	the specifications of any option or right to repurchase the
3784	residential real property in foreclosure, including the specific
3785	amounts of any escrow payments or deposit, down payment,
3786	purchase price, closing costs, commissions, or other fees or
3787	costs.
3788	4.  A foreclosure-rescue transaction agreement must comply
3789	with all applicable provisions of 15 U.S.C. ss. 1601 1600 et
3790	seq. and related regulations.
3791	Reviser's note.-Amended to conform to the fact that 15
3792	U.S.C. s. 1600 does not exist; the Truth in Lending
3793	Act is cited as 15 U.S.C. ss. 1601 et seq.
3794	Section 113.  Subsection (5) of section 517.191, Florida
3795	Statutes, is amended to read:
3796	517.191  Injunction to restrain violations; civil
3797	penalties; enforcement by Attorney General.-
3798	(5)  In addition to all other means provided by law for
3799	enforcing any of the provisions of this chapter, when the
3800	Attorney General, upon complaint or otherwise, has reason to
3801	believe that a person has engaged or is engaged in any act or
3802	practice constituting a violation of s. 517.275, s. 517.301, s.
3803	517.311, or s. 517.312, or any rule or order issued under such
3804	sections, the Attorney General may investigate and bring an
3805	action to enforce these provisions as provided in ss. 517.171,
3806	517.201, and 517.2015 after receiving written approval from the
3807	office. Such an action may be brought against such person and
3808	any other person in any way participating in such act or
3809	practice or engaging in such act or practice or doing any act in
3810	furtherance of such act or practice, to obtain injunctive
3811	relief, restitution, civil penalties, and any remedies provided
3812	for in this section. The Attorney General may recover any costs
3813	and attorney fees related to the Attorney General's
3814	investigation or enforcement of this section. Notwithstanding
3815	any other provision of law, moneys recovered by the Attorney
3816	General for costs, attorney fees, and civil penalties for a
3817	violation of s. 517.275, s. 517.301, s. 517.311, or s. 517.312,
3818	or any rule or order issued pursuant to such sections, shall be
3819	deposited in the Legal Affairs Revolving Trust Fund. The Legal
3820	Affairs Revolving Trust Fund may be used to investigate and
3821	enforce this section.
3822	Reviser's note.-Amended to confirm an editorial
3823	insertion made to provide clarity.
3824	Section 114.  Subsection (5) of section 526.144, Florida
3825	Statutes, is repealed.
3826	Reviser's note.-Repeals material requiring submittal
3827	of a report relating to the Florida Disaster Motor
3828	Fuel Supplier Program by March 1, 2007.
3829	Section 115.  Paragraph (d) of subsection (1) of section
3830	556.105, Florida Statutes, is amended to read:
3831	556.105  Procedures.-
3832	(1)
3833	(d)1.  The system shall study the feasibility of the
3834	establishment or recognition of zones for the purpose of
3835	allowing excavation within such zones to be undertaken without
3836	notice to the system as now required by this chapter when such
3837	zones are:
3838	1. a.  In areas within which no underground facilities are
3839	located.
3840	2. b.  Where permanent markings, permit and mapping
3841	systems, and structural protection for underwater crossings are
3842	required or in place.
3843	3. c.  For previously marked utilities on construction of
3844	one- or two-family dwellings where the contractor remains in
3845	custody and control of the building site for the duration of the
3846	building permit.
3847	2.  The system shall report the results of the study to the
3848	Legislature on or before February 1, 2007, along with
3849	recommendations for further legislative action.
3850	Reviser's note.-Amended to delete material that has
3851	served its purpose.
3852	Section 116.  Section 569.19, Florida Statutes, is amended
3853	to read:
3854	569.19  Annual report.-The division shall report annually
3855	with written findings to the Legislature and the Governor by
3856	December 31, starting with the year 1997, on the progress of
3857	implementing the enforcement provisions of this chapter. This
3858	must include, but is not limited to:
3859	(1)  The number and results of compliance visits.
3860	(2)  The number of violations for failure of a retailer to
3861	hold a valid license.
3862	(3)  The number of violations for selling tobacco products
3863	to persons under age 18, and the results of administrative
3864	hearings on the above and related issues.
3865	(4)  The number of persons under age 18 cited for
3866	violations of s. 569.11 and sanctions imposed as a result of
3867	citation.
3868	Reviser's note.-Amended to delete obsolete material.
3869	Section 117.  Section 576.092, Florida Statutes, is
3870	repealed.
3871	Reviser's note.-Repeals a provision requiring
3872	submittal of a report by January 15, 2008, and
3873	providing for abolishment of the Consumer Fertilizer
3874	Task Force upon transmittal of the report.
3875	Section 118.  Subsection (6) of section 589.011, Florida
3876	Statutes, is amended to read:
3877	589.011  Use of state forest lands; fees; rules.-
3878	(6)  The Division of Forestry may enter into contracts or
3879	agreements, with or without competitive bidding or procurement,
3880	to make available, on a fair, reasonable, and nondiscriminatory
3881	basis, property and other structures under division control for
3882	the placement of new facilities by any wireless provider of
3883	mobile service as defined in 47 U.S.C. s. 153(27) 153(n) or 47
3884	U.S.C. s. 332(d) or any telecommunications company as defined in
3885	s. 364.02 when it is determined to be practical and feasible to
3886	make such property or other structures available. The division
3887	may, without adopting a rule, charge a just, reasonable, and
3888	nondiscriminatory fee for the placement of the facilities,
3889	payable annually, based on the fair market value of space used
3890	by comparable communications facilities in the state. The
3891	division and a wireless provider or telecommunications company
3892	may negotiate the reduction or elimination of a fee in
3893	consideration of services provided to the division by the
3894	wireless provider or telecommunications company. All such fees
3895	collected by the division shall be deposited in the Incidental
3896	Trust Fund.
3897	Reviser's note.-Amended to confirm an editorial
3898	substitution; 47 U.S.C. s. 153(27) defines the term
3899	"mobile service," and 47 U.S.C. s. 153(n) does not
3900	exist.
3901	Section 119.  Subsection (6) of section 624.91, Florida
3902	Statutes, as amended by section 13 of chapter 2009-113, Laws of
3903	Florida, is reenacted to read:
3904	624.91  The Florida Healthy Kids Corporation Act.-
3905	(6)  BOARD OF DIRECTORS.-
3906	(a)  The Florida Healthy Kids Corporation shall operate
3907	subject to the supervision and approval of a board of directors
3908	chaired by the Chief Financial Officer or her or his designee,
3909	and composed of 11 other members selected for 3-year terms of
3910	office as follows:
3911	1.  The Secretary of Health Care Administration, or his or
3912	her designee.
3913	2.  One member appointed by the Commissioner of Education
3914	from the Office of School Health Programs of the Florida
3915	Department of Education.
3916	3.  One member appointed by the Chief Financial Officer
3917	from among three members nominated by the Florida Pediatric
3918	Society.
3919	4.  One member, appointed by the Governor, who represents
3920	the Children's Medical Services Program.
3921	5.  One member appointed by the Chief Financial Officer
3922	from among three members nominated by the Florida Hospital
3923	Association.
3924	6.  One member, appointed by the Governor, who is an expert
3925	on child health policy.
3926	7.  One member, appointed by the Chief Financial Officer,
3927	from among three members nominated by the Florida Academy of
3928	Family Physicians.
3929	8.  One member, appointed by the Governor, who represents
3930	the state Medicaid program.
3931	9.  One member, appointed by the Chief Financial Officer,
3932	from among three members nominated by the Florida Association of
3933	Counties.
3934	10.  The State Health Officer or her or his designee.
3935	11.  The Secretary of Children and Family Services, or his
3936	or her designee.
3937	(b)  A member of the board of directors may be removed by
3938	the official who appointed that member. The board shall appoint
3939	an executive director, who is responsible for other staff
3940	authorized by the board.
3941	(c)  Board members are entitled to receive, from funds of
3942	the corporation, reimbursement for per diem and travel expenses
3943	as provided by s. 112.061.
3944	(d)  There shall be no liability on the part of, and no
3945	cause of action shall arise against, any member of the board of
3946	directors, or its employees or agents, for any action they take
3947	in the performance of their powers and duties under this act.
3948	Reviser's note.-Section 13, ch. 2009-113, Laws of
3949	Florida, amended subsection (6) without publishing
3950	paragraphs (b)-(d) of that subsection. Absent
3951	affirmative evidence of legislative intent to repeal
3952	paragraphs (b)-(d), subsection (6) is reenacted to
3953	confirm that the omission was not intended.
3954	Section 120.  Subsection (2) of section 627.062, Florida
3955	Statutes, is amended to read:
3956	627.062  Rate standards.-
3957	(2)  As to all such classes of insurance:
3958	(a)  Insurers or rating organizations shall establish and
3959	use rates, rating schedules, or rating manuals to allow the
3960	insurer a reasonable rate of return on such classes of insurance
3961	written in this state. A copy of rates, rating schedules, rating
3962	manuals, premium credits or discount schedules, and surcharge
3963	schedules, and changes thereto, shall be filed with the office
3964	under one of the following procedures except as provided in
3965	subparagraph 3.:
3966	1.  If the filing is made at least 90 days before the
3967	proposed effective date and the filing is not implemented during
3968	the office's review of the filing and any proceeding and
3969	judicial review, then such filing shall be considered a "file
3970	and use" filing. In such case, the office shall finalize its
3971	review by issuance of a notice of intent to approve or a notice
3972	of intent to disapprove within 90 days after receipt of the
3973	filing. The notice of intent to approve and the notice of intent
3974	to disapprove constitute agency action for purposes of the
3975	Administrative Procedure Act. Requests for supporting
3976	information, requests for mathematical or mechanical
3977	corrections, or notification to the insurer by the office of its
3978	preliminary findings shall not toll the 90-day period during any
3979	such proceedings and subsequent judicial review. The rate shall
3980	be deemed approved if the office does not issue a notice of
3981	intent to approve or a notice of intent to disapprove within 90
3982	days after receipt of the filing.
3983	2.  If the filing is not made in accordance with the
3984	provisions of subparagraph 1., such filing shall be made as soon
3985	as practicable, but no later than 30 days after the effective
3986	date, and shall be considered a "use and file" filing. An
3987	insurer making a "use and file" filing is potentially subject to
3988	an order by the office to return to policyholders portions of
3989	rates found to be excessive, as provided in paragraph (h).
3990	3.  For all property insurance filings made or submitted
3991	after January 25, 2007, but before December 31, 2010, an insurer
3992	seeking a rate that is greater than the rate most recently
3993	approved by the office shall make a "file and use" filing. For
3994	purposes of this subparagraph, motor vehicle collision and
3995	comprehensive coverages are not considered to be property
3996	coverages.
3997	(b)  Upon receiving a rate filing, the office shall review
3998	the rate filing to determine if a rate is excessive, inadequate,
3999	or unfairly discriminatory. In making that determination, the
4000	office shall, in accordance with generally accepted and
4001	reasonable actuarial techniques, consider the following factors:
4002	1.  Past and prospective loss experience within and without
4003	this state.
4004	2.  Past and prospective expenses.
4005	3.  The degree of competition among insurers for the risk
4006	insured.
4007	4.  Investment income reasonably expected by the insurer,
4008	consistent with the insurer's investment practices, from
4009	investable premiums anticipated in the filing, plus any other
4010	expected income from currently invested assets representing the
4011	amount expected on unearned premium reserves and loss reserves.
4012	The commission may adopt rules using reasonable techniques of
4013	actuarial science and economics to specify the manner in which
4014	insurers shall calculate investment income attributable to such
4015	classes of insurance written in this state and the manner in
4016	which such investment income shall be used to calculate
4017	insurance rates. Such manner shall contemplate allowances for an
4018	underwriting profit factor and full consideration of investment
4019	income which produce a reasonable rate of return; however,
4020	investment income from invested surplus may not be considered.
4021	5.  The reasonableness of the judgment reflected in the
4022	filing.
4023	6.  Dividends, savings, or unabsorbed premium deposits
4024	allowed or returned to Florida policyholders, members, or
4025	subscribers.
4026	7.  The adequacy of loss reserves.
4027	8.  The cost of reinsurance. The office shall not
4028	disapprove a rate as excessive solely due to the insurer having
4029	obtained catastrophic reinsurance to cover the insurer's
4030	estimated 250-year probable maximum loss or any lower level of
4031	loss.
4032	9.  Trend factors, including trends in actual losses per
4033	insured unit for the insurer making the filing.
4034	10.  Conflagration and catastrophe hazards, if applicable.
4035	11.  Projected hurricane losses, if applicable, which must
4036	be estimated using a model or method found to be acceptable or
4037	reliable by the Florida Commission on Hurricane Loss Projection
4038	Methodology, and as further provided in s. 627.0628.
4039	12.  A reasonable margin for underwriting profit and
4040	contingencies.
4041	13.  The cost of medical services, if applicable.
4042	14.  Other relevant factors which impact upon the frequency
4043	or severity of claims or upon expenses.
4044	(c)  In the case of fire insurance rates, consideration
4045	shall be given to the availability of water supplies and the
4046	experience of the fire insurance business during a period of not
4047	less than the most recent 5-year period for which such
4048	experience is available.
4049	(d)  If conflagration or catastrophe hazards are given
4050	consideration by an insurer in its rates or rating plan,
4051	including surcharges and discounts, the insurer shall establish
4052	a reserve for that portion of the premium allocated to such
4053	hazard and shall maintain the premium in a catastrophe reserve.
4054	Any removal of such premiums from the reserve for purposes other
4055	than paying claims associated with a catastrophe or purchasing
4056	reinsurance for catastrophes shall be subject to approval of the
4057	office. Any ceding commission received by an insurer purchasing
4058	reinsurance for catastrophes shall be placed in the catastrophe
4059	reserve.
4060	(e)  After consideration of the rate factors provided in
4061	paragraphs (b), (c), and (d), a rate may be found by the office
4062	to be excessive, inadequate, or unfairly discriminatory based
4063	upon the following standards:
4064	1.  Rates shall be deemed excessive if they are likely to
4065	produce a profit from Florida business that is unreasonably high
4066	in relation to the risk involved in the class of business or if
4067	expenses are unreasonably high in relation to services rendered.
4068	2.  Rates shall be deemed excessive if, among other things,
4069	the rate structure established by a stock insurance company
4070	provides for replenishment of surpluses from premiums, when the
4071	replenishment is attributable to investment losses.
4072	3.  Rates shall be deemed inadequate if they are clearly
4073	insufficient, together with the investment income attributable
4074	to them, to sustain projected losses and expenses in the class
4075	of business to which they apply.
4076	4.  A rating plan, including discounts, credits, or
4077	surcharges, shall be deemed unfairly discriminatory if it fails
4078	to clearly and equitably reflect consideration of the
4079	policyholder's participation in a risk management program
4080	adopted pursuant to s. 627.0625.
4081	5.  A rate shall be deemed inadequate as to the premium
4082	charged to a risk or group of risks if discounts or credits are
4083	allowed which exceed a reasonable reflection of expense savings
4084	and reasonably expected loss experience from the risk or group
4085	of risks.
4086	6.  A rate shall be deemed unfairly discriminatory as to a
4087	risk or group of risks if the application of premium discounts,
4088	credits, or surcharges among such risks does not bear a
4089	reasonable relationship to the expected loss and expense
4090	experience among the various risks.
4091	(f)  In reviewing a rate filing, the office may require the
4092	insurer to provide at the insurer's expense all information
4093	necessary to evaluate the condition of the company and the
4094	reasonableness of the filing according to the criteria
4095	enumerated in this section.
4096	(g)  The office may at any time review a rate, rating
4097	schedule, rating manual, or rate change; the pertinent records
4098	of the insurer; and market conditions. If the office finds on a
4099	preliminary basis that a rate may be excessive, inadequate, or
4100	unfairly discriminatory, the office shall initiate proceedings
4101	to disapprove the rate and shall so notify the insurer. However,
4102	the office may not disapprove as excessive any rate for which it
4103	has given final approval or which has been deemed approved for a
4104	period of 1 year after the effective date of the filing unless
4105	the office finds that a material misrepresentation or material
4106	error was made by the insurer or was contained in the filing.
4107	Upon being so notified, the insurer or rating organization
4108	shall, within 60 days, file with the office all information
4109	which, in the belief of the insurer or organization, proves the
4110	reasonableness, adequacy, and fairness of the rate or rate
4111	change. The office shall issue a notice of intent to approve or
4112	a notice of intent to disapprove pursuant to the procedures of
4113	paragraph (a) within 90 days after receipt of the insurer's
4114	initial response. In such instances and in any administrative
4115	proceeding relating to the legality of the rate, the insurer or
4116	rating organization shall carry the burden of proof by a
4117	preponderance of the evidence to show that the rate is not
4118	excessive, inadequate, or unfairly discriminatory. After the
4119	office notifies an insurer that a rate may be excessive,
4120	inadequate, or unfairly discriminatory, unless the office
4121	withdraws the notification, the insurer shall not alter the rate
4122	except to conform with the office's notice until the earlier of
4123	120 days after the date the notification was provided or 180
4124	days after the date of the implementation of the rate. The
4125	office may, subject to chapter 120, disapprove without the 60-
4126	day notification any rate increase filed by an insurer within
4127	the prohibited time period or during the time that the legality
4128	of the increased rate is being contested.
4129	(h)  In the event the office finds that a rate or rate
4130	change is excessive, inadequate, or unfairly discriminatory, the
4131	office shall issue an order of disapproval specifying that a new
4132	rate or rate schedule which responds to the findings of the
4133	office be filed by the insurer. The office shall further order,
4134	for any "use and file" filing made in accordance with
4135	subparagraph (a)2., that premiums charged each policyholder
4136	constituting the portion of the rate above that which was
4137	actuarially justified be returned to such policyholder in the
4138	form of a credit or refund. If the office finds that an
4139	insurer's rate or rate change is inadequate, the new rate or
4140	rate schedule filed with the office in response to such a
4141	finding shall be applicable only to new or renewal business of
4142	the insurer written on or after the effective date of the
4143	responsive filing.
4144	(i)  Except as otherwise specifically provided in this
4145	chapter, the office shall not prohibit any insurer, including
4146	any residual market plan or joint underwriting association, from
4147	paying acquisition costs based on the full amount of premium, as
4148	defined in s. 627.403, applicable to any policy, or prohibit any
4149	such insurer from including the full amount of acquisition costs
4150	in a rate filing.
4151	(j)  With respect to residential property insurance rate
4152	filings, the rate filing must account for mitigation measures
4153	undertaken by policyholders to reduce hurricane losses.
4154	(k)1.  An insurer may make a separate filing limited solely
4155	to an adjustment of its rates for reinsurance or financing costs
4156	incurred in the purchase of reinsurance or financing products to
4157	replace or finance the payment of the amount covered by the
4158	Temporary Increase in Coverage Limits (TICL) portion of the
4159	Florida Hurricane Catastrophe Fund including replacement
4160	reinsurance for the TICL reductions made pursuant to s.
4161	215.555(17)(e); the actual cost paid due to the application of
4162	the TICL premium factor pursuant to s. 215.555(17)(f); and the
4163	actual cost paid due to the application of the cash build-up
4164	factor pursuant to s. 215.555(5)(b) if the insurer:
4165	a.  Elects to purchase financing products such as a
4166	liquidity instrument or line of credit, in which case the cost
4167	included in the filing for the liquidity instrument or line of
4168	credit may not result in a premium increase exceeding 3 percent
4169	for any individual policyholder. All costs contained in the
4170	filing may not result in an overall premium increase of more
4171	than 10 percent for any individual policyholder.
4172	b.  Includes in the filing a copy of all of its
4173	reinsurance, liquidity instrument, or line of credit contracts;
4174	proof of the billing or payment for the contracts; and the
4175	calculation upon which the proposed rate change is based
4176	demonstrates that the costs meet the criteria of this section
4177	and are not loaded for expenses or profit for the insurer making
4178	the filing.
4179	c.  Includes no other changes to its rates in the filing.
4180	d.  Has not implemented a rate increase within the 6 months
4181	immediately preceding the filing.
4182	e.  Does not file for a rate increase under any other
4183	paragraph within 6 months after making a filing under this
4184	paragraph.
4185	f.  That purchases reinsurance or financing products from
4186	an affiliated company in compliance with this paragraph does so
4187	only if the costs for such reinsurance or financing products are
4188	charged at or below charges made for comparable coverage by
4189	nonaffiliated reinsurers or financial entities making such
4190	coverage or financing products available in this state.
4191	2.  An insurer may only make one filing in any 12-month
4192	period under this paragraph.
4193	3.  An insurer that elects to implement a rate change under
4194	this paragraph must file its rate filing with the office at
4195	least 45 days before the effective date of the rate change.
4196	After an insurer submits a complete filing that meets all of the
4197	requirements of this paragraph, the office has 45 days after the
4198	date of the filing to review the rate filing and determine if
4199	the rate is excessive, inadequate, or unfairly discriminatory.
4200
4201	The provisions of this subsection shall not apply to workers'
4202	compensation and employer's liability insurance and to motor
4203	vehicle insurance.
4204	Reviser's note.-Amended to confirm an editorial
4205	insertion made to improve clarity.
4206	Section 121.  Paragraph (cc) of subsection (6) of section
4207	627.351, Florida Statutes, is repealed, and paragraph (b) of
4208	subsection (2) and paragraphs (b), (c), and (o) of subsection
4209	(6) of that section are amended to read:
4210	627.351  Insurance risk apportionment plans.-
4211	(2)  WINDSTORM INSURANCE RISK APPORTIONMENT.-
4212	(b)  The department shall require all insurers holding a
4213	certificate of authority to transact property insurance on a
4214	direct basis in this state, other than joint underwriting
4215	associations and other entities formed pursuant to this section,
4216	to provide windstorm coverage to applicants from areas
4217	determined to be eligible pursuant to paragraph (c) who in good
4218	faith are entitled to, but are unable to procure, such coverage
4219	through ordinary means; or it shall adopt a reasonable plan or
4220	plans for the equitable apportionment or sharing among such
4221	insurers of windstorm coverage, which may include formation of
4222	an association for this purpose. As used in this subsection, the
4223	term "property insurance" means insurance on real or personal
4224	property, as defined in s. 624.604, including insurance for
4225	fire, industrial fire, allied lines, farmowners multiperil,
4226	homeowners' multiperil, commercial multiperil, and mobile homes,
4227	and including liability coverages on all such insurance, but
4228	excluding inland marine as defined in s. 624.607(3) and
4229	excluding vehicle insurance as defined in s. 624.605(1)(a) other
4230	than insurance on mobile homes used as permanent dwellings. The
4231	department shall adopt rules that provide a formula for the
4232	recovery and repayment of any deferred assessments.
4233	1.  For the purpose of this section, properties eligible
4234	for such windstorm coverage are defined as dwellings, buildings,
4235	and other structures, including mobile homes which are used as
4236	dwellings and which are tied down in compliance with mobile home
4237	tie-down requirements prescribed by the Department of Highway
4238	Safety and Motor Vehicles pursuant to s. 320.8325, and the
4239	contents of all such properties. An applicant or policyholder is
4240	eligible for coverage only if an offer of coverage cannot be
4241	obtained by or for the applicant or policyholder from an
4242	admitted insurer at approved rates.
4243	2.a.(I)  All insurers required to be members of such
4244	association shall participate in its writings, expenses, and
4245	losses. Surplus of the association shall be retained for the
4246	payment of claims and shall not be distributed to the member
4247	insurers. Such participation by member insurers shall be in the
4248	proportion that the net direct premiums of each member insurer
4249	written for property insurance in this state during the
4250	preceding calendar year bear to the aggregate net direct
4251	premiums for property insurance of all member insurers, as
4252	reduced by any credits for voluntary writings, in this state
4253	during the preceding calendar year. For the purposes of this
4254	subsection, the term "net direct premiums" means direct written
4255	premiums for property insurance, reduced by premium for
4256	liability coverage and for the following if included in allied
4257	lines: rain and hail on growing crops; livestock; association
4258	direct premiums booked; National Flood Insurance Program direct
4259	premiums; and similar deductions specifically authorized by the
4260	plan of operation and approved by the department. A member's
4261	participation shall begin on the first day of the calendar year
4262	following the year in which it is issued a certificate of
4263	authority to transact property insurance in the state and shall
4264	terminate 1 year after the end of the calendar year during which
4265	it no longer holds a certificate of authority to transact
4266	property insurance in the state. The commissioner, after review
4267	of annual statements, other reports, and any other statistics
4268	that the commissioner deems necessary, shall certify to the
4269	association the aggregate direct premiums written for property
4270	insurance in this state by all member insurers.
4271	(II)  Effective July 1, 2002, the association shall operate
4272	subject to the supervision and approval of a board of governors
4273	who are the same individuals that have been appointed by the
4274	Treasurer to serve on the board of governors of the Citizens
4275	Property Insurance Corporation.
4276	(III)  The plan of operation shall provide a formula
4277	whereby a company voluntarily providing windstorm coverage in
4278	affected areas will be relieved wholly or partially from
4279	apportionment of a regular assessment pursuant to sub-sub-
4280	subparagraph d.(I) or sub-sub-subparagraph d.(II).
4281	(IV)  A company which is a member of a group of companies
4282	under common management may elect to have its credits applied on
4283	a group basis, and any company or group may elect to have its
4284	credits applied to any other company or group.
4285	(V)  There shall be no credits or relief from apportionment
4286	to a company for emergency assessments collected from its
4287	policyholders under sub-sub-subparagraph d.(III).
4288	(VI)  The plan of operation may also provide for the award
4289	of credits, for a period not to exceed 3 years, from a regular
4290	assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub-
4291	subparagraph d.(II) as an incentive for taking policies out of
4292	the Residential Property and Casualty Joint Underwriting
4293	Association. In order to qualify for the exemption under this
4294	sub-sub-subparagraph, the take-out plan must provide that at
4295	least 40 percent of the policies removed from the Residential
4296	Property and Casualty Joint Underwriting Association cover risks
4297	located in Miami-Dade, Broward, and Palm Beach Counties or at
4298	least 30 percent of the policies so removed cover risks located
4299	in Miami-Dade, Broward, and Palm Beach Counties and an
4300	additional 50 percent of the policies so removed cover risks
4301	located in other coastal counties, and must also provide that no
4302	more than 15 percent of the policies so removed may exclude
4303	windstorm coverage. With the approval of the department, the
4304	association may waive these geographic criteria for a take-out
4305	plan that removes at least the lesser of 100,000 Residential
4306	Property and Casualty Joint Underwriting Association policies or
4307	15 percent of the total number of Residential Property and
4308	Casualty Joint Underwriting Association policies, provided the
4309	governing board of the Residential Property and Casualty Joint
4310	Underwriting Association certifies that the take-out plan will
4311	materially reduce the Residential Property and Casualty Joint
4312	Underwriting Association's 100-year probable maximum loss from
4313	hurricanes. With the approval of the department, the board may
4314	extend such credits for an additional year if the insurer
4315	guarantees an additional year of renewability for all policies
4316	removed from the Residential Property and Casualty Joint
4317	Underwriting Association, or for 2 additional years if the
4318	insurer guarantees 2 additional years of renewability for all
4319	policies removed from the Residential Property and Casualty
4320	Joint Underwriting Association.
4321	b.  Assessments to pay deficits in the association under
4322	this subparagraph shall be included as an appropriate factor in
4323	the making of rates as provided in s. 627.3512.
4324	c.  The Legislature finds that the potential for unlimited
4325	deficit assessments under this subparagraph may induce insurers
4326	to attempt to reduce their writings in the voluntary market, and
4327	that such actions would worsen the availability problems that
4328	the association was created to remedy. It is the intent of the
4329	Legislature that insurers remain fully responsible for paying
4330	regular assessments and collecting emergency assessments for any
4331	deficits of the association; however, it is also the intent of
4332	the Legislature to provide a means by which assessment
4333	liabilities may be amortized over a period of years.
4334	d.(I)  When the deficit incurred in a particular calendar
4335	year is 10 percent or less of the aggregate statewide direct
4336	written premium for property insurance for the prior calendar
4337	year for all member insurers, the association shall levy an
4338	assessment on member insurers in an amount equal to the deficit.
4339	(II)  When the deficit incurred in a particular calendar
4340	year exceeds 10 percent of the aggregate statewide direct
4341	written premium for property insurance for the prior calendar
4342	year for all member insurers, the association shall levy an
4343	assessment on member insurers in an amount equal to the greater
4344	of 10 percent of the deficit or 10 percent of the aggregate
4345	statewide direct written premium for property insurance for the
4346	prior calendar year for member insurers. Any remaining deficit
4347	shall be recovered through emergency assessments under sub-sub-
4348	subparagraph (III).
4349	(III)  Upon a determination by the board of directors that
4350	a deficit exceeds the amount that will be recovered through
4351	regular assessments on member insurers, pursuant to sub-sub-
4352	subparagraph (I) or sub-sub-subparagraph (II), the board shall
4353	levy, after verification by the department, emergency
4354	assessments to be collected by member insurers and by
4355	underwriting associations created pursuant to this section which
4356	write property insurance, upon issuance or renewal of property
4357	insurance policies other than National Flood Insurance policies
4358	in the year or years following levy of the regular assessments.
4359	The amount of the emergency assessment collected in a particular
4360	year shall be a uniform percentage of that year's direct written
4361	premium for property insurance for all member insurers and
4362	underwriting associations, excluding National Flood Insurance
4363	policy premiums, as annually determined by the board and
4364	verified by the department. The department shall verify the
4365	arithmetic calculations involved in the board's determination
4366	within 30 days after receipt of the information on which the
4367	determination was based. Notwithstanding any other provision of
4368	law, each member insurer and each underwriting association
4369	created pursuant to this section shall collect emergency
4370	assessments from its policyholders without such obligation being
4371	affected by any credit, limitation, exemption, or deferment. The
4372	emergency assessments so collected shall be transferred directly
4373	to the association on a periodic basis as determined by the
4374	association. The aggregate amount of emergency assessments
4375	levied under this sub-sub-subparagraph in any calendar year may
4376	not exceed the greater of 10 percent of the amount needed to
4377	cover the original deficit, plus interest, fees, commissions,
4378	required reserves, and other costs associated with financing of
4379	the original deficit, or 10 percent of the aggregate statewide
4380	direct written premium for property insurance written by member
4381	insurers and underwriting associations for the prior year, plus
4382	interest, fees, commissions, required reserves, and other costs
4383	associated with financing the original deficit. The board may
4384	pledge the proceeds of the emergency assessments under this sub-
4385	sub-subparagraph as the source of revenue for bonds, to retire
4386	any other debt incurred as a result of the deficit or events
4387	giving rise to the deficit, or in any other way that the board
4388	determines will efficiently recover the deficit. The emergency
4389	assessments under this sub-sub-subparagraph shall continue as
4390	long as any bonds issued or other indebtedness incurred with
4391	respect to a deficit for which the assessment was imposed remain
4392	outstanding, unless adequate provision has been made for the
4393	payment of such bonds or other indebtedness pursuant to the
4394	document governing such bonds or other indebtedness. Emergency
4395	assessments collected under this sub-sub-subparagraph are not
4396	part of an insurer's rates, are not premium, and are not subject
4397	to premium tax, fees, or commissions; however, failure to pay
4398	the emergency assessment shall be treated as failure to pay
4399	premium.
4400	(IV)  Each member insurer's share of the total regular
4401	assessments under sub-sub-subparagraph (I) or sub-sub-
4402	subparagraph (II) shall be in the proportion that the insurer's
4403	net direct premium for property insurance in this state, for the
4404	year preceding the assessment bears to the aggregate statewide
4405	net direct premium for property insurance of all member
4406	insurers, as reduced by any credits for voluntary writings for
4407	that year.
4408	(V)  If regular deficit assessments are made under sub-sub-
4409	subparagraph (I) or sub-sub-subparagraph (II), or by the
4410	Residential Property and Casualty Joint Underwriting Association
4411	under sub-subparagraph (6)(b)3.a. or sub-subparagraph
4412	(6)(b)3.b., the association shall levy upon the association's
4413	policyholders, as part of its next rate filing, or by a separate
4414	rate filing solely for this purpose, a market equalization
4415	surcharge in a percentage equal to the total amount of such
4416	regular assessments divided by the aggregate statewide direct
4417	written premium for property insurance for member insurers for
4418	the prior calendar year. Market equalization surcharges under
4419	this sub-sub-subparagraph are not considered premium and are not
4420	subject to commissions, fees, or premium taxes; however, failure
4421	to pay a market equalization surcharge shall be treated as
4422	failure to pay premium.
4423	e.  The governing body of any unit of local government, any
4424	residents of which are insured under the plan, may issue bonds
4425	as defined in s. 125.013 or s. 166.101 to fund an assistance
4426	program, in conjunction with the association, for the purpose of
4427	defraying deficits of the association. In order to avoid
4428	needless and indiscriminate proliferation, duplication, and
4429	fragmentation of such assistance programs, any unit of local
4430	government, any residents of which are insured by the
4431	association, may provide for the payment of losses, regardless
4432	of whether or not the losses occurred within or outside of the
4433	territorial jurisdiction of the local government. Revenue bonds
4434	may not be issued until validated pursuant to chapter 75, unless
4435	a state of emergency is declared by executive order or
4436	proclamation of the Governor pursuant to s. 252.36 making such
4437	findings as are necessary to determine that it is in the best
4438	interests of, and necessary for, the protection of the public
4439	health, safety, and general welfare of residents of this state
4440	and the protection and preservation of the economic stability of
4441	insurers operating in this state, and declaring it an essential
4442	public purpose to permit certain municipalities or counties to
4443	issue bonds as will provide relief to claimants and
4444	policyholders of the association and insurers responsible for
4445	apportionment of plan losses. Any such unit of local government
4446	may enter into such contracts with the association and with any
4447	other entity created pursuant to this subsection as are
4448	necessary to carry out this paragraph. Any bonds issued under
4449	this sub-subparagraph shall be payable from and secured by
4450	moneys received by the association from assessments under this
4451	subparagraph, and assigned and pledged to or on behalf of the
4452	unit of local government for the benefit of the holders of such
4453	bonds. The funds, credit, property, and taxing power of the
4454	state or of the unit of local government shall not be pledged
4455	for the payment of such bonds. If any of the bonds remain unsold
4456	60 days after issuance, the department shall require all
4457	insurers subject to assessment to purchase the bonds, which
4458	shall be treated as admitted assets; each insurer shall be
4459	required to purchase that percentage of the unsold portion of
4460	the bond issue that equals the insurer's relative share of
4461	assessment liability under this subsection. An insurer shall not
4462	be required to purchase the bonds to the extent that the
4463	department determines that the purchase would endanger or impair
4464	the solvency of the insurer. The authority granted by this sub-
4465	subparagraph is additional to any bonding authority granted by
4466	subparagraph 6.
4467	3.  The plan shall also provide that any member with a
4468	surplus as to policyholders of $20 million or less writing 25
4469	percent or more of its total countrywide property insurance
4470	premiums in this state may petition the department, within the
4471	first 90 days of each calendar year, to qualify as a limited
4472	apportionment company. The apportionment of such a member
4473	company in any calendar year for which it is qualified shall not
4474	exceed its gross participation, which shall not be affected by
4475	the formula for voluntary writings. In no event shall a limited
4476	apportionment company be required to participate in any
4477	apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
4478	or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
4479	$50 million after payment of available plan funds in any
4480	calendar year. However, a limited apportionment company shall
4481	collect from its policyholders any emergency assessment imposed
4482	under sub-sub-subparagraph 2.d.(III). The plan shall provide
4483	that, if the department determines that any regular assessment
4484	will result in an impairment of the surplus of a limited
4485	apportionment company, the department may direct that all or
4486	part of such assessment be deferred. However, there shall be no
4487	limitation or deferment of an emergency assessment to be
4488	collected from policyholders under sub-sub-subparagraph
4489	2.d.(III).
4490	4.  The plan shall provide for the deferment, in whole or
4491	in part, of a regular assessment of a member insurer under sub-
4492	sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but
4493	not for an emergency assessment collected from policyholders
4494	under sub-sub-subparagraph 2.d.(III), if, in the opinion of the
4495	commissioner, payment of such regular assessment would endanger
4496	or impair the solvency of the member insurer. In the event a
4497	regular assessment against a member insurer is deferred in whole
4498	or in part, the amount by which such assessment is deferred may
4499	be assessed against the other member insurers in a manner
4500	consistent with the basis for assessments set forth in sub-sub-
4501	subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
4502	5.a.  The plan of operation may include deductibles and
4503	rules for classification of risks and rate modifications
4504	consistent with the objective of providing and maintaining funds
4505	sufficient to pay catastrophe losses.
4506	b.  It is the intent of the Legislature that the rates for
4507	coverage provided by the association be actuarially sound and
4508	not competitive with approved rates charged in the admitted
4509	voluntary market such that the association functions as a
4510	residual market mechanism to provide insurance only when the
4511	insurance cannot be procured in the voluntary market. The plan
4512	of operation shall provide a mechanism to assure that, beginning
4513	no later than January 1, 1999, the rates charged by the
4514	association for each line of business are reflective of approved
4515	rates in the voluntary market for hurricane coverage for each
4516	line of business in the various areas eligible for association
4517	coverage.
4518	c.  The association shall provide for windstorm coverage on
4519	residential properties in limits up to $10 million for
4520	commercial lines residential risks and up to $1 million for
4521	personal lines residential risks. If coverage with the
4522	association is sought for a residential risk valued in excess of
4523	these limits, coverage shall be available to the risk up to the
4524	replacement cost or actual cash value of the property, at the
4525	option of the insured, if coverage for the risk cannot be
4526	located in the authorized market. The association must accept a
4527	commercial lines residential risk with limits above $10 million
4528	or a personal lines residential risk with limits above $1
4529	million if coverage is not available in the authorized market.
4530	The association may write coverage above the limits specified in
4531	this subparagraph with or without facultative or other
4532	reinsurance coverage, as the association determines appropriate.
4533	d.  The plan of operation must provide objective criteria
4534	and procedures, approved by the department, to be uniformly
4535	applied for all applicants in determining whether an individual
4536	risk is so hazardous as to be uninsurable. In making this
4537	determination and in establishing the criteria and procedures,
4538	the following shall be considered:
4539	(I)  Whether the likelihood of a loss for the individual
4540	risk is substantially higher than for other risks of the same
4541	class; and
4542	(II)  Whether the uncertainty associated with the
4543	individual risk is such that an appropriate premium cannot be
4544	determined.
4545
4546	The acceptance or rejection of a risk by the association
4547	pursuant to such criteria and procedures must be construed as
4548	the private placement of insurance, and the provisions of
4549	chapter 120 do not apply.
4550	e.  If the risk accepts an offer of coverage through the
4551	market assistance program or through a mechanism established by
4552	the association, either before the policy is issued by the
4553	association or during the first 30 days of coverage by the
4554	association, and the producing agent who submitted the
4555	application to the association is not currently appointed by the
4556	insurer, the insurer shall:
4557	(I)  Pay to the producing agent of record of the policy,
4558	for the first year, an amount that is the greater of the
4559	insurer's usual and customary commission for the type of policy
4560	written or a fee equal to the usual and customary commission of
4561	the association; or
4562	(II)  Offer to allow the producing agent of record of the
4563	policy to continue servicing the policy for a period of not less
4564	than 1 year and offer to pay the agent the greater of the
4565	insurer's or the association's usual and customary commission
4566	for the type of policy written.
4567
4568	If the producing agent is unwilling or unable to accept
4569	appointment, the new insurer shall pay the agent in accordance
4570	with sub-sub-subparagraph (I). Subject to the provisions of s.
4571	627.3517, the policies issued by the association must provide
4572	that if the association obtains an offer from an authorized
4573	insurer to cover the risk at its approved rates under either a
4574	standard policy including wind coverage or, if consistent with
4575	the insurer's underwriting rules as filed with the department, a
4576	basic policy including wind coverage, the risk is no longer
4577	eligible for coverage through the association. Upon termination
4578	of eligibility, the association shall provide written notice to
4579	the policyholder and agent of record stating that the
4580	association policy must be canceled as of 60 days after the date
4581	of the notice because of the offer of coverage from an
4582	authorized insurer. Other provisions of the insurance code
4583	relating to cancellation and notice of cancellation do not apply
4584	to actions under this sub-subparagraph.
4585	f.  When the association enters into a contractual
4586	agreement for a take-out plan, the producing agent of record of
4587	the association policy is entitled to retain any unearned
4588	commission on the policy, and the insurer shall:
4589	(I)  Pay to the producing agent of record of the
4590	association policy, for the first year, an amount that is the
4591	greater of the insurer's usual and customary commission for the
4592	type of policy written or a fee equal to the usual and customary
4593	commission of the association; or
4594	(II)  Offer to allow the producing agent of record of the
4595	association policy to continue servicing the policy for a period
4596	of not less than 1 year and offer to pay the agent the greater
4597	of the insurer's or the association's usual and customary
4598	commission for the type of policy written.
4599
4600	If the producing agent is unwilling or unable to accept
4601	appointment, the new insurer shall pay the agent in accordance
4602	with sub-sub-subparagraph (I).
4603	6.a.  The plan of operation may authorize the formation of
4604	a private nonprofit corporation, a private nonprofit
4605	unincorporated association, a partnership, a trust, a limited
4606	liability company, or a nonprofit mutual company which may be
4607	empowered, among other things, to borrow money by issuing bonds
4608	or by incurring other indebtedness and to accumulate reserves or
4609	funds to be used for the payment of insured catastrophe losses.
4610	The plan may authorize all actions necessary to facilitate the
4611	issuance of bonds, including the pledging of assessments or
4612	other revenues.
4613	b.  Any entity created under this subsection, or any entity
4614	formed for the purposes of this subsection, may sue and be sued,
4615	may borrow money; issue bonds, notes, or debt instruments;
4616	pledge or sell assessments, market equalization surcharges and
4617	other surcharges, rights, premiums, contractual rights,
4618	projected recoveries from the Florida Hurricane Catastrophe
4619	Fund, other reinsurance recoverables, and other assets as
4620	security for such bonds, notes, or debt instruments; enter into
4621	any contracts or agreements necessary or proper to accomplish
4622	such borrowings; and take other actions necessary to carry out
4623	the purposes of this subsection. The association may issue bonds
4624	or incur other indebtedness, or have bonds issued on its behalf
4625	by a unit of local government pursuant to subparagraph (6)(q)2.
4626	(6)(p)2., in the absence of a hurricane or other weather-related
4627	event, upon a determination by the association subject to
4628	approval by the department that such action would enable it to
4629	efficiently meet the financial obligations of the association
4630	and that such financings are reasonably necessary to effectuate
4631	the requirements of this subsection. Any such entity may
4632	accumulate reserves and retain surpluses as of the end of any
4633	association year to provide for the payment of losses incurred
4634	by the association during that year or any future year. The
4635	association shall incorporate and continue the plan of operation
4636	and articles of agreement in effect on the effective date of
4637	chapter 76-96, Laws of Florida, to the extent that it is not
4638	inconsistent with chapter 76-96, and as subsequently modified
4639	consistent with chapter 76-96. The board of directors and
4640	officers currently serving shall continue to serve until their
4641	successors are duly qualified as provided under the plan. The
4642	assets and obligations of the plan in effect immediately prior
4643	to the effective date of chapter 76-96 shall be construed to be
4644	the assets and obligations of the successor plan created herein.
4645	c.  In recognition of s. 10, Art. I of the State
4646	Constitution, prohibiting the impairment of obligations of
4647	contracts, it is the intent of the Legislature that no action be
4648	taken whose purpose is to impair any bond indenture or financing
4649	agreement or any revenue source committed by contract to such
4650	bond or other indebtedness issued or incurred by the association
4651	or any other entity created under this subsection.
4652	7.  On such coverage, an agent's remuneration shall be that
4653	amount of money payable to the agent by the terms of his or her
4654	contract with the company with which the business is placed.
4655	However, no commission will be paid on that portion of the
4656	premium which is in excess of the standard premium of that
4657	company.
4658	8.  Subject to approval by the department, the association
4659	may establish different eligibility requirements and operational
4660	procedures for any line or type of coverage for any specified
4661	eligible area or portion of an eligible area if the board
4662	determines that such changes to the eligibility requirements and
4663	operational procedures are justified due to the voluntary market
4664	being sufficiently stable and competitive in such area or for
4665	such line or type of coverage and that consumers who, in good
4666	faith, are unable to obtain insurance through the voluntary
4667	market through ordinary methods would continue to have access to
4668	coverage from the association. When coverage is sought in
4669	connection with a real property transfer, such requirements and
4670	procedures shall not provide for an effective date of coverage
4671	later than the date of the closing of the transfer as
4672	established by the transferor, the transferee, and, if
4673	applicable, the lender.
4674	9.  Notwithstanding any other provision of law:
4675	a.  The pledge or sale of, the lien upon, and the security
4676	interest in any rights, revenues, or other assets of the
4677	association created or purported to be created pursuant to any
4678	financing documents to secure any bonds or other indebtedness of
4679	the association shall be and remain valid and enforceable,
4680	notwithstanding the commencement of and during the continuation
4681	of, and after, any rehabilitation, insolvency, liquidation,
4682	bankruptcy, receivership, conservatorship, reorganization, or
4683	similar proceeding against the association under the laws of
4684	this state or any other applicable laws.
4685	b.  No such proceeding shall relieve the association of its
4686	obligation, or otherwise affect its ability to perform its
4687	obligation, to continue to collect, or levy and collect,
4688	assessments, market equalization or other surcharges, projected
4689	recoveries from the Florida Hurricane Catastrophe Fund,
4690	reinsurance recoverables, or any other rights, revenues, or
4691	other assets of the association pledged.
4692	c.  Each such pledge or sale of, lien upon, and security
4693	interest in, including the priority of such pledge, lien, or
4694	security interest, any such assessments, emergency assessments,
4695	market equalization or renewal surcharges, projected recoveries
4696	from the Florida Hurricane Catastrophe Fund, reinsurance
4697	recoverables, or other rights, revenues, or other assets which
4698	are collected, or levied and collected, after the commencement
4699	of and during the pendency of or after any such proceeding shall
4700	continue unaffected by such proceeding.
4701	d.  As used in this subsection, the term "financing
4702	documents" means any agreement, instrument, or other document
4703	now existing or hereafter created evidencing any bonds or other
4704	indebtedness of the association or pursuant to which any such
4705	bonds or other indebtedness has been or may be issued and
4706	pursuant to which any rights, revenues, or other assets of the
4707	association are pledged or sold to secure the repayment of such
4708	bonds or indebtedness, together with the payment of interest on
4709	such bonds or such indebtedness, or the payment of any other
4710	obligation of the association related to such bonds or
4711	indebtedness.
4712	e.  Any such pledge or sale of assessments, revenues,
4713	contract rights or other rights or assets of the association
4714	shall constitute a lien and security interest, or sale, as the
4715	case may be, that is immediately effective and attaches to such
4716	assessments, revenues, contract, or other rights or assets,
4717	whether or not imposed or collected at the time the pledge or
4718	sale is made. Any such pledge or sale is effective, valid,
4719	binding, and enforceable against the association or other entity
4720	making such pledge or sale, and valid and binding against and
4721	superior to any competing claims or obligations owed to any
4722	other person or entity, including policyholders in this state,
4723	asserting rights in any such assessments, revenues, contract, or
4724	other rights or assets to the extent set forth in and in
4725	accordance with the terms of the pledge or sale contained in the
4726	applicable financing documents, whether or not any such person
4727	or entity has notice of such pledge or sale and without the need
4728	for any physical delivery, recordation, filing, or other action.
4729	f.  There shall be no liability on the part of, and no
4730	cause of action of any nature shall arise against, any member
4731	insurer or its agents or employees, agents or employees of the
4732	association, members of the board of directors of the
4733	association, or the department or its representatives, for any
4734	action taken by them in the performance of their duties or
4735	responsibilities under this subsection. Such immunity does not
4736	apply to actions for breach of any contract or agreement
4737	pertaining to insurance, or any willful tort.
4738	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.-
4739	(b)1.  All insurers authorized to write one or more subject
4740	lines of business in this state are subject to assessment by the
4741	corporation and, for the purposes of this subsection, are
4742	referred to collectively as "assessable insurers." Insurers
4743	writing one or more subject lines of business in this state
4744	pursuant to part VIII of chapter 626 are not assessable
4745	insurers, but insureds who procure one or more subject lines of
4746	business in this state pursuant to part VIII of chapter 626 are
4747	subject to assessment by the corporation and are referred to
4748	collectively as "assessable insureds." An authorized insurer's
4749	assessment liability shall begin on the first day of the
4750	calendar year following the year in which the insurer was issued
4751	a certificate of authority to transact insurance for subject
4752	lines of business in this state and shall terminate 1 year after
4753	the end of the first calendar year during which the insurer no
4754	longer holds a certificate of authority to transact insurance
4755	for subject lines of business in this state.
4756	2.a.  All revenues, assets, liabilities, losses, and
4757	expenses of the corporation shall be divided into three separate
4758	accounts as follows:
4759	(I)  A personal lines account for personal residential
4760	policies issued by the corporation or issued by the Residential
4761	Property and Casualty Joint Underwriting Association and renewed
4762	by the corporation that provide comprehensive, multiperil
4763	coverage on risks that are not located in areas eligible for
4764	coverage in the Florida Windstorm Underwriting Association as
4765	those areas were defined on January 1, 2002, and for such
4766	policies that do not provide coverage for the peril of wind on
4767	risks that are located in such areas;
4768	(II)  A commercial lines account for commercial residential
4769	and commercial nonresidential policies issued by the corporation
4770	or issued by the Residential Property and Casualty Joint
4771	Underwriting Association and renewed by the corporation that
4772	provide coverage for basic property perils on risks that are not
4773	located in areas eligible for coverage in the Florida Windstorm
4774	Underwriting Association as those areas were defined on January
4775	1, 2002, and for such policies that do not provide coverage for
4776	the peril of wind on risks that are located in such areas; and
4777	(III)  A high-risk account for personal residential
4778	policies and commercial residential and commercial
4779	nonresidential property policies issued by the corporation or
4780	transferred to the corporation that provide coverage for the
4781	peril of wind on risks that are located in areas eligible for
4782	coverage in the Florida Windstorm Underwriting Association as
4783	those areas were defined on January 1, 2002. The corporation may
4784	offer policies that provide multiperil coverage and the
4785	corporation shall continue to offer policies that provide
4786	coverage only for the peril of wind for risks located in areas
4787	eligible for coverage in the high-risk account. In issuing
4788	multiperil coverage, the corporation may use its approved policy
4789	forms and rates for the personal lines account. An applicant or
4790	insured who is eligible to purchase a multiperil policy from the
4791	corporation may purchase a multiperil policy from an authorized
4792	insurer without prejudice to the applicant's or insured's
4793	eligibility to prospectively purchase a policy that provides
4794	coverage only for the peril of wind from the corporation. An
4795	applicant or insured who is eligible for a corporation policy
4796	that provides coverage only for the peril of wind may elect to
4797	purchase or retain such policy and also purchase or retain
4798	coverage excluding wind from an authorized insurer without
4799	prejudice to the applicant's or insured's eligibility to
4800	prospectively purchase a policy that provides multiperil
4801	coverage from the corporation. It is the goal of the Legislature
4802	that there would be an overall average savings of 10 percent or
4803	more for a policyholder who currently has a wind-only policy
4804	with the corporation, and an ex-wind policy with a voluntary
4805	insurer or the corporation, and who then obtains a multiperil
4806	policy from the corporation. It is the intent of the Legislature
4807	that the offer of multiperil coverage in the high-risk account
4808	be made and implemented in a manner that does not adversely
4809	affect the tax-exempt status of the corporation or
4810	creditworthiness of or security for currently outstanding
4811	financing obligations or credit facilities of the high-risk
4812	account, the personal lines account, or the commercial lines
4813	account. The high-risk account must also include quota share
4814	primary insurance under subparagraph (c)2. The area eligible for
4815	coverage under the high-risk account also includes the area
4816	within Port Canaveral, which is bordered on the south by the
4817	City of Cape Canaveral, bordered on the west by the Banana
4818	River, and bordered on the north by Federal Government property.
4819	b.  The three separate accounts must be maintained as long
4820	as financing obligations entered into by the Florida Windstorm
4821	Underwriting Association or Residential Property and Casualty
4822	Joint Underwriting Association are outstanding, in accordance
4823	with the terms of the corresponding financing documents. When
4824	the financing obligations are no longer outstanding, in
4825	accordance with the terms of the corresponding financing
4826	documents, the corporation may use a single account for all
4827	revenues, assets, liabilities, losses, and expenses of the
4828	corporation. Consistent with the requirement of this
4829	subparagraph and prudent investment policies that minimize the
4830	cost of carrying debt, the board shall exercise its best efforts
4831	to retire existing debt or to obtain approval of necessary
4832	parties to amend the terms of existing debt, so as to structure
4833	the most efficient plan to consolidate the three separate
4834	accounts into a single account. By February 1, 2007, the board
4835	shall submit a report to the Financial Services Commission, the
4836	President of the Senate, and the Speaker of the House of
4837	Representatives which includes an analysis of consolidating the
4838	accounts, the actions the board has taken to minimize the cost
4839	of carrying debt, and its recommendations for executing the most
4840	efficient plan.
4841	c.  Creditors of the Residential Property and Casualty
4842	Joint Underwriting Association and of the accounts specified in
4843	sub-sub-subparagraphs a.(I) and (II) may have a claim against,
4844	and recourse to, the accounts referred to in sub-sub-
4845	subparagraphs a.(I) and (II) and shall have no claim against, or
4846	recourse to, the account referred to in sub-sub-subparagraph
4847	a.(III). Creditors of the Florida Windstorm Underwriting
4848	Association shall have a claim against, and recourse to, the
4849	account referred to in sub-sub-subparagraph a.(III) and shall
4850	have no claim against, or recourse to, the accounts referred to
4851	in sub-sub-subparagraphs a.(I) and (II).
4852	d.  Revenues, assets, liabilities, losses, and expenses not
4853	attributable to particular accounts shall be prorated among the
4854	accounts.
4855	e.  The Legislature finds that the revenues of the
4856	corporation are revenues that are necessary to meet the
4857	requirements set forth in documents authorizing the issuance of
4858	bonds under this subsection.
4859	f.  No part of the income of the corporation may inure to
4860	the benefit of any private person.
4861	3.  With respect to a deficit in an account:
4862	a.  After accounting for the Citizens policyholder
4863	surcharge imposed under sub-subparagraph i., when the remaining
4864	projected deficit incurred in a particular calendar year is not
4865	greater than 6 percent of the aggregate statewide direct written
4866	premium for the subject lines of business for the prior calendar
4867	year, the entire deficit shall be recovered through regular
4868	assessments of assessable insurers under paragraph (q) (p) and
4869	assessable insureds.
4870	b.  After accounting for the Citizens policyholder
4871	surcharge imposed under sub-subparagraph i., when the remaining
4872	projected deficit incurred in a particular calendar year exceeds
4873	6 percent of the aggregate statewide direct written premium for
4874	the subject lines of business for the prior calendar year, the
4875	corporation shall levy regular assessments on assessable
4876	insurers under paragraph (q) (p) and on assessable insureds in
4877	an amount equal to the greater of 6 percent of the deficit or 6
4878	percent of the aggregate statewide direct written premium for
4879	the subject lines of business for the prior calendar year. Any
4880	remaining deficit shall be recovered through emergency
4881	assessments under sub-subparagraph d.
4882	c.  Each assessable insurer's share of the amount being
4883	assessed under sub-subparagraph a. or sub-subparagraph b. shall
4884	be in the proportion that the assessable insurer's direct
4885	written premium for the subject lines of business for the year
4886	preceding the assessment bears to the aggregate statewide direct
4887	written premium for the subject lines of business for that year.
4888	The assessment percentage applicable to each assessable insured
4889	is the ratio of the amount being assessed under sub-subparagraph
4890	a. or sub-subparagraph b. to the aggregate statewide direct
4891	written premium for the subject lines of business for the prior
4892	year. Assessments levied by the corporation on assessable
4893	insurers under sub-subparagraphs a. and b. shall be paid as
4894	required by the corporation's plan of operation and paragraph
4895	(q) (p). Assessments levied by the corporation on assessable
4896	insureds under sub-subparagraphs a. and b. shall be collected by
4897	the surplus lines agent at the time the surplus lines agent
4898	collects the surplus lines tax required by s. 626.932 and shall
4899	be paid to the Florida Surplus Lines Service Office at the time
4900	the surplus lines agent pays the surplus lines tax to the
4901	Florida Surplus Lines Service Office. Upon receipt of regular
4902	assessments from surplus lines agents, the Florida Surplus Lines
4903	Service Office shall transfer the assessments directly to the
4904	corporation as determined by the corporation.
4905	d.  Upon a determination by the board of governors that a
4906	deficit in an account exceeds the amount that will be recovered
4907	through regular assessments under sub-subparagraph a. or sub-
4908	subparagraph b., plus the amount that is expected to be
4909	recovered through surcharges under sub-subparagraph i., as to
4910	the remaining projected deficit the board shall levy, after
4911	verification by the office, emergency assessments, for as many
4912	years as necessary to cover the deficits, to be collected by
4913	assessable insurers and the corporation and collected from
4914	assessable insureds upon issuance or renewal of policies for
4915	subject lines of business, excluding National Flood Insurance
4916	policies. The amount of the emergency assessment collected in a
4917	particular year shall be a uniform percentage of that year's
4918	direct written premium for subject lines of business and all
4919	accounts of the corporation, excluding National Flood Insurance
4920	Program policy premiums, as annually determined by the board and
4921	verified by the office. The office shall verify the arithmetic
4922	calculations involved in the board's determination within 30
4923	days after receipt of the information on which the determination
4924	was based. Notwithstanding any other provision of law, the
4925	corporation and each assessable insurer that writes subject
4926	lines of business shall collect emergency assessments from its
4927	policyholders without such obligation being affected by any
4928	credit, limitation, exemption, or deferment. Emergency
4929	assessments levied by the corporation on assessable insureds
4930	shall be collected by the surplus lines agent at the time the
4931	surplus lines agent collects the surplus lines tax required by
4932	s. 626.932 and shall be paid to the Florida Surplus Lines
4933	Service Office at the time the surplus lines agent pays the
4934	surplus lines tax to the Florida Surplus Lines Service Office.
4935	The emergency assessments so collected shall be transferred
4936	directly to the corporation on a periodic basis as determined by
4937	the corporation and shall be held by the corporation solely in
4938	the applicable account. The aggregate amount of emergency
4939	assessments levied for an account under this sub-subparagraph in
4940	any calendar year may, at the discretion of the board of
4941	governors, be less than but may not exceed the greater of 10
4942	percent of the amount needed to cover the deficit, plus
4943	interest, fees, commissions, required reserves, and other costs
4944	associated with financing of the original deficit, or 10 percent
4945	of the aggregate statewide direct written premium for subject
4946	lines of business and for all accounts of the corporation for
4947	the prior year, plus interest, fees, commissions, required
4948	reserves, and other costs associated with financing the deficit.
4949	e.  The corporation may pledge the proceeds of assessments,
4950	projected recoveries from the Florida Hurricane Catastrophe
4951	Fund, other insurance and reinsurance recoverables, policyholder
4952	surcharges and other surcharges, and other funds available to
4953	the corporation as the source of revenue for and to secure bonds
4954	issued under paragraph (q) (p), bonds or other indebtedness
4955	issued under subparagraph (c)3., or lines of credit or other
4956	financing mechanisms issued or created under this subsection, or
4957	to retire any other debt incurred as a result of deficits or
4958	events giving rise to deficits, or in any other way that the
4959	board determines will efficiently recover such deficits. The
4960	purpose of the lines of credit or other financing mechanisms is
4961	to provide additional resources to assist the corporation in
4962	covering claims and expenses attributable to a catastrophe. As
4963	used in this subsection, the term "assessments" includes regular
4964	assessments under sub-subparagraph a., sub-subparagraph b., or
4965	subparagraph (q)1. (p)1. and emergency assessments under sub-
4966	subparagraph d. Emergency assessments collected under sub-
4967	subparagraph d. are not part of an insurer's rates, are not
4968	premium, and are not subject to premium tax, fees, or
4969	commissions; however, failure to pay the emergency assessment
4970	shall be treated as failure to pay premium. The emergency
4971	assessments under sub-subparagraph d. shall continue as long as
4972	any bonds issued or other indebtedness incurred with respect to
4973	a deficit for which the assessment was imposed remain
4974	outstanding, unless adequate provision has been made for the
4975	payment of such bonds or other indebtedness pursuant to the
4976	documents governing such bonds or other indebtedness.
4977	f.  As used in this subsection for purposes of any deficit
4978	incurred on or after January 25, 2007, the term "subject lines
4979	of business" means insurance written by assessable insurers or
4980	procured by assessable insureds for all property and casualty
4981	lines of business in this state, but not including workers'
4982	compensation or medical malpractice. As used in the sub-
4983	subparagraph, the term "property and casualty lines of business"
4984	includes all lines of business identified on Form 2, Exhibit of
4985	Premiums and Losses, in the annual statement required of
4986	authorized insurers by s. 624.424 and any rule adopted under
4987	this section, except for those lines identified as accident and
4988	health insurance and except for policies written under the
4989	National Flood Insurance Program or the Federal Crop Insurance
4990	Program. For purposes of this sub-subparagraph, the term
4991	"workers' compensation" includes both workers' compensation
4992	insurance and excess workers' compensation insurance.
4993	g.  The Florida Surplus Lines Service Office shall
4994	determine annually the aggregate statewide written premium in
4995	subject lines of business procured by assessable insureds and
4996	shall report that information to the corporation in a form and
4997	at a time the corporation specifies to ensure that the
4998	corporation can meet the requirements of this subsection and the
4999	corporation's financing obligations.
5000	h.  The Florida Surplus Lines Service Office shall verify
5001	the proper application by surplus lines agents of assessment
5002	percentages for regular assessments and emergency assessments
5003	levied under this subparagraph on assessable insureds and shall
5004	assist the corporation in ensuring the accurate, timely
5005	collection and payment of assessments by surplus lines agents as
5006	required by the corporation.
5007	i.  If a deficit is incurred in any account in 2008 or
5008	thereafter, the board of governors shall levy a Citizens
5009	policyholder surcharge against all policyholders of the
5010	corporation for a 12-month period, which shall be collected at
5011	the time of issuance or renewal of a policy, as a uniform
5012	percentage of the premium for the policy of up to 15 percent of
5013	such premium, which funds shall be used to offset the deficit.
5014	Citizens policyholder surcharges under this sub-subparagraph are
5015	not considered premium and are not subject to commissions, fees,
5016	or premium taxes. However, failure to pay such surcharges shall
5017	be treated as failure to pay premium.
5018	j.  If the amount of any assessments or surcharges
5019	collected from corporation policyholders, assessable insurers or
5020	their policyholders, or assessable insureds exceeds the amount
5021	of the deficits, such excess amounts shall be remitted to and
5022	retained by the corporation in a reserve to be used by the
5023	corporation, as determined by the board of governors and
5024	approved by the office, to pay claims or reduce any past,
5025	present, or future plan-year deficits or to reduce outstanding
5026	debt.
5027	(c)  The plan of operation of the corporation:
5028	1.  Must provide for adoption of residential property and
5029	casualty insurance policy forms and commercial residential and
5030	nonresidential property insurance forms, which forms must be
5031	approved by the office prior to use. The corporation shall adopt
5032	the following policy forms:
5033	a.  Standard personal lines policy forms that are
5034	comprehensive multiperil policies providing full coverage of a
5035	residential property equivalent to the coverage provided in the
5036	private insurance market under an HO-3, HO-4, or HO-6 policy.
5037	b.  Basic personal lines policy forms that are policies
5038	similar to an HO-8 policy or a dwelling fire policy that provide
5039	coverage meeting the requirements of the secondary mortgage
5040	market, but which coverage is more limited than the coverage
5041	under a standard policy.
5042	c.  Commercial lines residential and nonresidential policy
5043	forms that are generally similar to the basic perils of full
5044	coverage obtainable for commercial residential structures and
5045	commercial nonresidential structures in the admitted voluntary
5046	market.
5047	d.  Personal lines and commercial lines residential
5048	property insurance forms that cover the peril of wind only. The
5049	forms are applicable only to residential properties located in
5050	areas eligible for coverage under the high-risk account referred
5051	to in sub-subparagraph (b)2.a.
5052	e.  Commercial lines nonresidential property insurance
5053	forms that cover the peril of wind only. The forms are
5054	applicable only to nonresidential properties located in areas
5055	eligible for coverage under the high-risk account referred to in
5056	sub-subparagraph (b)2.a.
5057	f.  The corporation may adopt variations of the policy
5058	forms listed in sub-subparagraphs a.-e. that contain more
5059	restrictive coverage.
5060	2.a.  Must provide that the corporation adopt a program in
5061	which the corporation and authorized insurers enter into quota
5062	share primary insurance agreements for hurricane coverage, as
5063	defined in s. 627.4025(2)(a), for eligible risks, and adopt
5064	property insurance forms for eligible risks which cover the
5065	peril of wind only. As used in this subsection, the term:
5066	(I)  "Quota share primary insurance" means an arrangement
5067	in which the primary hurricane coverage of an eligible risk is
5068	provided in specified percentages by the corporation and an
5069	authorized insurer. The corporation and authorized insurer are
5070	each solely responsible for a specified percentage of hurricane
5071	coverage of an eligible risk as set forth in a quota share
5072	primary insurance agreement between the corporation and an
5073	authorized insurer and the insurance contract. The
5074	responsibility of the corporation or authorized insurer to pay
5075	its specified percentage of hurricane losses of an eligible
5076	risk, as set forth in the quota share primary insurance
5077	agreement, may not be altered by the inability of the other
5078	party to the agreement to pay its specified percentage of
5079	hurricane losses. Eligible risks that are provided hurricane
5080	coverage through a quota share primary insurance arrangement
5081	must be provided policy forms that set forth the obligations of
5082	the corporation and authorized insurer under the arrangement,
5083	clearly specify the percentages of quota share primary insurance
5084	provided by the corporation and authorized insurer, and
5085	conspicuously and clearly state that neither the authorized
5086	insurer nor the corporation may be held responsible beyond its
5087	specified percentage of coverage of hurricane losses.
5088	(II)  "Eligible risks" means personal lines residential and
5089	commercial lines residential risks that meet the underwriting
5090	criteria of the corporation and are located in areas that were
5091	eligible for coverage by the Florida Windstorm Underwriting
5092	Association on January 1, 2002.
5093	b.  The corporation may enter into quota share primary
5094	insurance agreements with authorized insurers at corporation
5095	coverage levels of 90 percent and 50 percent.
5096	c.  If the corporation determines that additional coverage
5097	levels are necessary to maximize participation in quota share
5098	primary insurance agreements by authorized insurers, the
5099	corporation may establish additional coverage levels. However,
5100	the corporation's quota share primary insurance coverage level
5101	may not exceed 90 percent.
5102	d.  Any quota share primary insurance agreement entered
5103	into between an authorized insurer and the corporation must
5104	provide for a uniform specified percentage of coverage of
5105	hurricane losses, by county or territory as set forth by the
5106	corporation board, for all eligible risks of the authorized
5107	insurer covered under the quota share primary insurance
5108	agreement.
5109	e.  Any quota share primary insurance agreement entered
5110	into between an authorized insurer and the corporation is
5111	subject to review and approval by the office. However, such
5112	agreement shall be authorized only as to insurance contracts
5113	entered into between an authorized insurer and an insured who is
5114	already insured by the corporation for wind coverage.
5115	f.  For all eligible risks covered under quota share
5116	primary insurance agreements, the exposure and coverage levels
5117	for both the corporation and authorized insurers shall be
5118	reported by the corporation to the Florida Hurricane Catastrophe
5119	Fund. For all policies of eligible risks covered under quota
5120	share primary insurance agreements, the corporation and the
5121	authorized insurer shall maintain complete and accurate records
5122	for the purpose of exposure and loss reimbursement audits as
5123	required by Florida Hurricane Catastrophe Fund rules. The
5124	corporation and the authorized insurer shall each maintain
5125	duplicate copies of policy declaration pages and supporting
5126	claims documents.
5127	g.  The corporation board shall establish in its plan of
5128	operation standards for quota share agreements which ensure that
5129	there is no discriminatory application among insurers as to the
5130	terms of quota share agreements, pricing of quota share
5131	agreements, incentive provisions if any, and consideration paid
5132	for servicing policies or adjusting claims.
5133	h.  The quota share primary insurance agreement between the
5134	corporation and an authorized insurer must set forth the
5135	specific terms under which coverage is provided, including, but
5136	not limited to, the sale and servicing of policies issued under
5137	the agreement by the insurance agent of the authorized insurer
5138	producing the business, the reporting of information concerning
5139	eligible risks, the payment of premium to the corporation, and
5140	arrangements for the adjustment and payment of hurricane claims
5141	incurred on eligible risks by the claims adjuster and personnel
5142	of the authorized insurer. Entering into a quota sharing
5143	insurance agreement between the corporation and an authorized
5144	insurer shall be voluntary and at the discretion of the
5145	authorized insurer.
5146	3.  May provide that the corporation may employ or
5147	otherwise contract with individuals or other entities to provide
5148	administrative or professional services that may be appropriate
5149	to effectuate the plan. The corporation shall have the power to
5150	borrow funds, by issuing bonds or by incurring other
5151	indebtedness, and shall have other powers reasonably necessary
5152	to effectuate the requirements of this subsection, including,
5153	without limitation, the power to issue bonds and incur other
5154	indebtedness in order to refinance outstanding bonds or other
5155	indebtedness. The corporation may, but is not required to, seek
5156	judicial validation of its bonds or other indebtedness under
5157	chapter 75. The corporation may issue bonds or incur other
5158	indebtedness, or have bonds issued on its behalf by a unit of
5159	local government pursuant to subparagraph (q)2. (p)2., in the
5160	absence of a hurricane or other weather-related event, upon a
5161	determination by the corporation, subject to approval by the
5162	office, that such action would enable it to efficiently meet the
5163	financial obligations of the corporation and that such
5164	financings are reasonably necessary to effectuate the
5165	requirements of this subsection. The corporation is authorized
5166	to take all actions needed to facilitate tax-free status for any
5167	such bonds or indebtedness, including formation of trusts or
5168	other affiliated entities. The corporation shall have the
5169	authority to pledge assessments, projected recoveries from the
5170	Florida Hurricane Catastrophe Fund, other reinsurance
5171	recoverables, market equalization and other surcharges, and
5172	other funds available to the corporation as security for bonds
5173	or other indebtedness. In recognition of s. 10, Art. I of the
5174	State Constitution, prohibiting the impairment of obligations of
5175	contracts, it is the intent of the Legislature that no action be
5176	taken whose purpose is to impair any bond indenture or financing
5177	agreement or any revenue source committed by contract to such
5178	bond or other indebtedness.
5179	4.a.  Must require that the corporation operate subject to
5180	the supervision and approval of a board of governors consisting
5181	of eight individuals who are residents of this state, from
5182	different geographical areas of this state. The Governor, the
5183	Chief Financial Officer, the President of the Senate, and the
5184	Speaker of the House of Representatives shall each appoint two
5185	members of the board. At least one of the two members appointed
5186	by each appointing officer must have demonstrated expertise in
5187	insurance. The Chief Financial Officer shall designate one of
5188	the appointees as chair. All board members serve at the pleasure
5189	of the appointing officer. All members of the board of governors
5190	are subject to removal at will by the officers who appointed
5191	them. All board members, including the chair, must be appointed
5192	to serve for 3-year terms beginning annually on a date
5193	designated by the plan. However, for the first term beginning on
5194	or after July 1, 2009, each appointing officer shall appoint one
5195	member of the board for a 2-year term and one member for a 3-
5196	year term. Any board vacancy shall be filled for the unexpired
5197	term by the appointing officer. The Chief Financial Officer
5198	shall appoint a technical advisory group to provide information
5199	and advice to the board of governors in connection with the
5200	board's duties under this subsection. The executive director and
5201	senior managers of the corporation shall be engaged by the board
5202	and serve at the pleasure of the board. Any executive director
5203	appointed on or after July 1, 2006, is subject to confirmation
5204	by the Senate. The executive director is responsible for
5205	employing other staff as the corporation may require, subject to
5206	review and concurrence by the board.
5207	b.  The board shall create a Market Accountability Advisory
5208	Committee to assist the corporation in developing awareness of
5209	its rates and its customer and agent service levels in
5210	relationship to the voluntary market insurers writing similar
5211	coverage. The members of the advisory committee shall consist of
5212	the following 11 persons, one of whom must be elected chair by
5213	the members of the committee: four representatives, one
5214	appointed by the Florida Association of Insurance Agents, one by
5215	the Florida Association of Insurance and Financial Advisors, one
5216	by the Professional Insurance Agents of Florida, and one by the
5217	Latin American Association of Insurance Agencies; three
5218	representatives appointed by the insurers with the three highest
5219	voluntary market share of residential property insurance
5220	business in the state; one representative from the Office of
5221	Insurance Regulation; one consumer appointed by the board who is
5222	insured by the corporation at the time of appointment to the
5223	committee; one representative appointed by the Florida
5224	Association of Realtors; and one representative appointed by the
5225	Florida Bankers Association. All members must serve for 3-year
5226	terms and may serve for consecutive terms. The committee shall
5227	report to the corporation at each board meeting on insurance
5228	market issues which may include rates and rate competition with
5229	the voluntary market; service, including policy issuance, claims
5230	processing, and general responsiveness to policyholders,
5231	applicants, and agents; and matters relating to depopulation.
5232	5.  Must provide a procedure for determining the
5233	eligibility of a risk for coverage, as follows:
5234	a.  Subject to the provisions of s. 627.3517, with respect
5235	to personal lines residential risks, if the risk is offered
5236	coverage from an authorized insurer at the insurer's approved
5237	rate under either a standard policy including wind coverage or,
5238	if consistent with the insurer's underwriting rules as filed
5239	with the office, a basic policy including wind coverage, for a
5240	new application to the corporation for coverage, the risk is not
5241	eligible for any policy issued by the corporation unless the
5242	premium for coverage from the authorized insurer is more than 15
5243	percent greater than the premium for comparable coverage from
5244	the corporation. If the risk is not able to obtain any such
5245	offer, the risk is eligible for either a standard policy
5246	including wind coverage or a basic policy including wind
5247	coverage issued by the corporation; however, if the risk could
5248	not be insured under a standard policy including wind coverage
5249	regardless of market conditions, the risk shall be eligible for
5250	a basic policy including wind coverage unless rejected under
5251	subparagraph 8. However, with regard to a policyholder of the
5252	corporation or a policyholder removed from the corporation
5253	through an assumption agreement until the end of the assumption
5254	period, the policyholder remains eligible for coverage from the
5255	corporation regardless of any offer of coverage from an
5256	authorized insurer or surplus lines insurer. The corporation
5257	shall determine the type of policy to be provided on the basis
5258	of objective standards specified in the underwriting manual and
5259	based on generally accepted underwriting practices.
5260	(I)  If the risk accepts an offer of coverage through the
5261	market assistance plan or an offer of coverage through a
5262	mechanism established by the corporation before a policy is
5263	issued to the risk by the corporation or during the first 30
5264	days of coverage by the corporation, and the producing agent who
5265	submitted the application to the plan or to the corporation is
5266	not currently appointed by the insurer, the insurer shall:
5267	(A)  Pay to the producing agent of record of the policy,
5268	for the first year, an amount that is the greater of the
5269	insurer's usual and customary commission for the type of policy
5270	written or a fee equal to the usual and customary commission of
5271	the corporation; or
5272	(B)  Offer to allow the producing agent of record of the
5273	policy to continue servicing the policy for a period of not less
5274	than 1 year and offer to pay the agent the greater of the
5275	insurer's or the corporation's usual and customary commission
5276	for the type of policy written.
5277
5278	If the producing agent is unwilling or unable to accept
5279	appointment, the new insurer shall pay the agent in accordance
5280	with sub-sub-sub-subparagraph (A).
5281	(II)  When the corporation enters into a contractual
5282	agreement for a take-out plan, the producing agent of record of
5283	the corporation policy is entitled to retain any unearned
5284	commission on the policy, and the insurer shall:
5285	(A)  Pay to the producing agent of record of the
5286	corporation policy, for the first year, an amount that is the
5287	greater of the insurer's usual and customary commission for the
5288	type of policy written or a fee equal to the usual and customary
5289	commission of the corporation; or
5290	(B)  Offer to allow the producing agent of record of the
5291	corporation policy to continue servicing the policy for a period
5292	of not less than 1 year and offer to pay the agent the greater
5293	of the insurer's or the corporation's usual and customary
5294	commission for the type of policy written.
5295
5296	If the producing agent is unwilling or unable to accept
5297	appointment, the new insurer shall pay the agent in accordance
5298	with sub-sub-sub-subparagraph (A).
5299	b.  With respect to commercial lines residential risks, for
5300	a new application to the corporation for coverage, if the risk
5301	is offered coverage under a policy including wind coverage from
5302	an authorized insurer at its approved rate, the risk is not
5303	eligible for any policy issued by the corporation unless the
5304	premium for coverage from the authorized insurer is more than 15
5305	percent greater than the premium for comparable coverage from
5306	the corporation. If the risk is not able to obtain any such
5307	offer, the risk is eligible for a policy including wind coverage
5308	issued by the corporation. However, with regard to a
5309	policyholder of the corporation or a policyholder removed from
5310	the corporation through an assumption agreement until the end of
5311	the assumption period, the policyholder remains eligible for
5312	coverage from the corporation regardless of any offer of
5313	coverage from an authorized insurer or surplus lines insurer.
5314	(I)  If the risk accepts an offer of coverage through the
5315	market assistance plan or an offer of coverage through a
5316	mechanism established by the corporation before a policy is
5317	issued to the risk by the corporation or during the first 30
5318	days of coverage by the corporation, and the producing agent who
5319	submitted the application to the plan or the corporation is not
5320	currently appointed by the insurer, the insurer shall:
5321	(A)  Pay to the producing agent of record of the policy,
5322	for the first year, an amount that is the greater of the
5323	insurer's usual and customary commission for the type of policy
5324	written or a fee equal to the usual and customary commission of
5325	the corporation; or
5326	(B)  Offer to allow the producing agent of record of the
5327	policy to continue servicing the policy for a period of not less
5328	than 1 year and offer to pay the agent the greater of the
5329	insurer's or the corporation's usual and customary commission
5330	for the type of policy written.
5331
5332	If the producing agent is unwilling or unable to accept
5333	appointment, the new insurer shall pay the agent in accordance
5334	with sub-sub-sub-subparagraph (A).
5335	(II)  When the corporation enters into a contractual
5336	agreement for a take-out plan, the producing agent of record of
5337	the corporation policy is entitled to retain any unearned
5338	commission on the policy, and the insurer shall:
5339	(A)  Pay to the producing agent of record of the
5340	corporation policy, for the first year, an amount that is the
5341	greater of the insurer's usual and customary commission for the
5342	type of policy written or a fee equal to the usual and customary
5343	commission of the corporation; or
5344	(B)  Offer to allow the producing agent of record of the
5345	corporation policy to continue servicing the policy for a period
5346	of not less than 1 year and offer to pay the agent the greater
5347	of the insurer's or the corporation's usual and customary
5348	commission for the type of policy written.
5349
5350	If the producing agent is unwilling or unable to accept
5351	appointment, the new insurer shall pay the agent in accordance
5352	with sub-sub-sub-subparagraph (A).
5353	c.  For purposes of determining comparable coverage under
5354	sub-subparagraphs a. and b., the comparison shall be based on
5355	those forms and coverages that are reasonably comparable. The
5356	corporation may rely on a determination of comparable coverage
5357	and premium made by the producing agent who submits the
5358	application to the corporation, made in the agent's capacity as
5359	the corporation's agent. A comparison may be made solely of the
5360	premium with respect to the main building or structure only on
5361	the following basis: the same coverage A or other building
5362	limits; the same percentage hurricane deductible that applies on
5363	an annual basis or that applies to each hurricane for commercial
5364	residential property; the same percentage of ordinance and law
5365	coverage, if the same limit is offered by both the corporation
5366	and the authorized insurer; the same mitigation credits, to the
5367	extent the same types of credits are offered both by the
5368	corporation and the authorized insurer; the same method for loss
5369	payment, such as replacement cost or actual cash value, if the
5370	same method is offered both by the corporation and the
5371	authorized insurer in accordance with underwriting rules; and
5372	any other form or coverage that is reasonably comparable as
5373	determined by the board. If an application is submitted to the
5374	corporation for wind-only coverage in the high-risk account, the
5375	premium for the corporation's wind-only policy plus the premium
5376	for the ex-wind policy that is offered by an authorized insurer
5377	to the applicant shall be compared to the premium for multiperil
5378	coverage offered by an authorized insurer, subject to the
5379	standards for comparison specified in this subparagraph. If the
5380	corporation or the applicant requests from the authorized
5381	insurer a breakdown of the premium of the offer by types of
5382	coverage so that a comparison may be made by the corporation or
5383	its agent and the authorized insurer refuses or is unable to
5384	provide such information, the corporation may treat the offer as
5385	not being an offer of coverage from an authorized insurer at the
5386	insurer's approved rate.
5387	6.  Must include rules for classifications of risks and
5388	rates therefor.
5389	7.  Must provide that if premium and investment income for
5390	an account attributable to a particular calendar year are in
5391	excess of projected losses and expenses for the account
5392	attributable to that year, such excess shall be held in surplus
5393	in the account. Such surplus shall be available to defray
5394	deficits in that account as to future years and shall be used
5395	for that purpose prior to assessing assessable insurers and
5396	assessable insureds as to any calendar year.
5397	8.  Must provide objective criteria and procedures to be
5398	uniformly applied for all applicants in determining whether an
5399	individual risk is so hazardous as to be uninsurable. In making
5400	this determination and in establishing the criteria and
5401	procedures, the following shall be considered:
5402	a.  Whether the likelihood of a loss for the individual
5403	risk is substantially higher than for other risks of the same
5404	class; and
5405	b.  Whether the uncertainty associated with the individual
5406	risk is such that an appropriate premium cannot be determined.
5407
5408	The acceptance or rejection of a risk by the corporation shall
5409	be construed as the private placement of insurance, and the
5410	provisions of chapter 120 shall not apply.
5411	9.  Must provide that the corporation shall make its best
5412	efforts to procure catastrophe reinsurance at reasonable rates,
5413	to cover its projected 100-year probable maximum loss as
5414	determined by the board of governors.
5415	10.  The policies issued by the corporation must provide
5416	that, if the corporation or the market assistance plan obtains
5417	an offer from an authorized insurer to cover the risk at its
5418	approved rates, the risk is no longer eligible for renewal
5419	through the corporation, except as otherwise provided in this
5420	subsection.
5421	11.  Corporation policies and applications must include a
5422	notice that the corporation policy could, under this section, be
5423	replaced with a policy issued by an authorized insurer that does
5424	not provide coverage identical to the coverage provided by the
5425	corporation. The notice shall also specify that acceptance of
5426	corporation coverage creates a conclusive presumption that the
5427	applicant or policyholder is aware of this potential.
5428	12.  May establish, subject to approval by the office,
5429	different eligibility requirements and operational procedures
5430	for any line or type of coverage for any specified county or
5431	area if the board determines that such changes to the
5432	eligibility requirements and operational procedures are
5433	justified due to the voluntary market being sufficiently stable
5434	and competitive in such area or for such line or type of
5435	coverage and that consumers who, in good faith, are unable to
5436	obtain insurance through the voluntary market through ordinary
5437	methods would continue to have access to coverage from the
5438	corporation. When coverage is sought in connection with a real
5439	property transfer, such requirements and procedures shall not
5440	provide for an effective date of coverage later than the date of
5441	the closing of the transfer as established by the transferor,
5442	the transferee, and, if applicable, the lender.
5443	13.  Must provide that, with respect to the high-risk
5444	account, any assessable insurer with a surplus as to
5445	policyholders of $25 million or less writing 25 percent or more
5446	of its total countrywide property insurance premiums in this
5447	state may petition the office, within the first 90 days of each
5448	calendar year, to qualify as a limited apportionment company. A
5449	regular assessment levied by the corporation on a limited
5450	apportionment company for a deficit incurred by the corporation
5451	for the high-risk account in 2006 or thereafter may be paid to
5452	the corporation on a monthly basis as the assessments are
5453	collected by the limited apportionment company from its insureds
5454	pursuant to s. 627.3512, but the regular assessment must be paid
5455	in full within 12 months after being levied by the corporation.
5456	A limited apportionment company shall collect from its
5457	policyholders any emergency assessment imposed under sub-
5458	subparagraph (b)3.d. The plan shall provide that, if the office
5459	determines that any regular assessment will result in an
5460	impairment of the surplus of a limited apportionment company,
5461	the office may direct that all or part of such assessment be
5462	deferred as provided in subparagraph (q)4. (p)4. However, there
5463	shall be no limitation or deferment of an emergency assessment
5464	to be collected from policyholders under sub-subparagraph
5465	(b)3.d.
5466	14.  Must provide that the corporation appoint as its
5467	licensed agents only those agents who also hold an appointment
5468	as defined in s. 626.015(3) with an insurer who at the time of
5469	the agent's initial appointment by the corporation is authorized
5470	to write and is actually writing personal lines residential
5471	property coverage, commercial residential property coverage, or
5472	commercial nonresidential property coverage within the state.
5473	15.  Must provide, by July 1, 2007, a premium payment plan
5474	option to its policyholders which allows at a minimum for
5475	quarterly and semiannual payment of premiums. A monthly payment
5476	plan may, but is not required to, be offered.
5477	16.  Must limit coverage on mobile homes or manufactured
5478	homes built prior to 1994 to actual cash value of the dwelling
5479	rather than replacement costs of the dwelling.
5480	17.  May provide such limits of coverage as the board
5481	determines, consistent with the requirements of this subsection.
5482	18.  May require commercial property to meet specified
5483	hurricane mitigation construction features as a condition of
5484	eligibility for coverage.
5485	(o)  If coverage in an account is deactivated pursuant to
5486	paragraph (p) (o), coverage through the corporation shall be
5487	reactivated by order of the office only under one of the
5488	following circumstances:
5489	1.  If the market assistance plan receives a minimum of 100
5490	applications for coverage within a 3-month period, or 200
5491	applications for coverage within a 1-year period or less for
5492	residential coverage, unless the market assistance plan provides
5493	a quotation from admitted carriers at their filed rates for at
5494	least 90 percent of such applicants. Any market assistance plan
5495	application that is rejected because an individual risk is so
5496	hazardous as to be uninsurable using the criteria specified in
5497	subparagraph (c)8. shall not be included in the minimum
5498	percentage calculation provided herein. In the event that there
5499	is a legal or administrative challenge to a determination by the
5500	office that the conditions of this subparagraph have been met
5501	for eligibility for coverage in the corporation, any eligible
5502	risk may obtain coverage during the pendency of such challenge.
5503	2.  In response to a state of emergency declared by the
5504	Governor under s. 252.36, the office may activate coverage by
5505	order for the period of the emergency upon a finding by the
5506	office that the emergency significantly affects the availability
5507	of residential property insurance.
5508	Reviser's note.-Paragraphs (2)(b) and (6)(b), (c), and
5509	(o) are amended to conform to the addition of a new
5510	paragraph (6)(f) by s. 4, ch. 2009-77, Laws of
5511	Florida. Paragraph (6)(b) is amended and paragraph
5512	(6)(cc) is repealed to delete references to reports
5513	that were due February 1, 2007.
5514	Section 122.  Paragraph (c) of subsection (5) of section
5515	733.817, Florida Statutes, is amended to read:
5516	733.817  Apportionment of estate taxes.-
5517	(5)  Except as provided above or as otherwise directed by
5518	the governing instrument, the net tax attributable to each
5519	interest shall be apportioned as follows:
5520	(c)  The net tax attributable to an interest in protected
5521	homestead shall be apportioned against the recipients of other
5522	interests in the estate or passing under any revocable trust in
5523	the following order:
5524	1.  Class I: Recipients of interests not disposed of by the
5525	decedent's will or revocable trust that are included in the
5526	measure of the federal estate tax.
5527	2.  Class II: Recipients of residuary devises and residuary
5528	interests that are included in the measure of the federal estate
5529	tax.
5530	3.  Class III: Recipients of nonresiduary devises and
5531	nonresiduary interests that are included in the measure of the
5532	federal estate tax.
5533
5534	The net tax apportioned to a class, if any, pursuant to this
5535	paragraph shall be apportioned among the recipients in the class
5536	in the proportion that the value of the interest of each bears
5537	to the total value of all interests included in that class.
5538	Reviser's note.-Amended to conform to context.
5539	Section 123.  Paragraph (a) of subsection (1) of section
5540	817.36, Florida Statutes, is amended to read:
5541	817.36  Resale of tickets.-
5542	(1)  A person or entity that offers for resale or resells
5543	any ticket may charge only $1 above the admission price charged
5544	therefor by the original ticket seller of the ticket for the
5545	following transactions:
5546	(a)  Passage or accommodations on any common carrier in
5547	this state. However, this paragraph does not apply to travel
5548	agencies that have an established place of business in this
5549	state and are , is required to pay state, county, and city
5550	occupational license taxes.
5551	Reviser's note.-Amended to confirm an editorial
5552	substitution made to improve clarity and correct
5553	sentence structure.
5554	Section 124.  Paragraph (a) of subsection (4) of section
5555	921.002, Florida Statutes, is amended to read:
5556	921.002  The Criminal Punishment Code.-The Criminal
5557	Punishment Code shall apply to all felony offenses, except
5558	capital felonies, committed on or after October 1, 1998.
5559	(4)(a)  The Department of Corrections shall report on
5560	trends in sentencing practices and sentencing score thresholds
5561	and provide an analysis on the sentencing factors considered by
5562	the courts and shall submit this information to the Legislature
5563	by October 1 of each year, beginning in 1999.
5564	Reviser's note.-Amended to delete language that has
5565	served its purpose.
5566	Section 125.  Subsection (11) of section 934.02, Florida
5567	Statutes, is amended to read:
5568	934.02  Definitions.-As used in this chapter:
5569	(11)  "Communication common carrier" shall have the same
5570	meaning which is given the term "common carrier" in 47 U.S.C. s.
5571	153(10) 153(h).
5572	Reviser's note.-Amended to confirm an editorial
5573	substitution; 47 U.S.C. s. 153(10) defines the term
5574	"common carrier," and 47 U.S.C. s. 153(h) does not
5575	exist.
5576	Section 126.  Paragraph (a) of subsection (7) of section
5577	1002.335, Florida Statutes, is amended to read:
5578	1002.335  Florida Schools of Excellence Commission.-
5579	(7)  COSPONSOR AGREEMENT.-
5580	(a)  Upon approval of a cosponsor, the commission and the
5581	cosponsor shall enter into an agreement that defines the
5582	cosponsor's rights and obligations and includes the following:
5583	1.  An explanation of the personnel, contractual and
5584	interagency relationships, and potential revenue sources
5585	referenced in the application as required in paragraph (6)(c).
5586	2.  Incorporation of the requirements of equal access for
5587	all students, including any plans to provide food service or
5588	transportation reasonably necessary to provide access to as many
5589	students as possible.
5590	3.  Incorporation of the requirement to serve low-income,
5591	low-performing, gifted, or underserved student populations.
5592	4.  An explanation of the academic and financial goals and
5593	expected outcomes for the cosponsor's charter schools and the
5594	method and plans by which they will be measured and achieved as
5595	referenced in the application.
5596	5.  The conflict-of-interest policies referenced in the
5597	application.
5598	6.  An explanation of the disposition of facilities and
5599	assets upon termination and dissolution of a charter school
5600	approved by the cosponsor.
5601	7.  A provision requiring the cosponsor to annually appear
5602	before the commission and provide a report as to the information
5603	provided pursuant to s. 1002.33(9)(k) 1002.33(9)(l) for each of
5604	its charter schools.
5605	8.  A provision requiring that the cosponsor report the
5606	student enrollment in each of its sponsored charter schools to
5607	the district school board of the county in which the school is
5608	located.
5609	9.  A provision requiring that the cosponsor work with the
5610	commission to provide the necessary reports to the State Board
5611	of Education.
5612	10.  Any other reasonable terms deemed appropriate by the
5613	commission given the unique characteristics of the cosponsor.
5614	Reviser's note.-Amended to conform to the
5615	redesignation of paragraphs within s. 1002.33(9) by s.
5616	7, ch. 2009-214, Laws of Florida.
5617	Section 127.  Paragraph (c) of subsection (3) of section
5618	1003.57, Florida Statutes, is amended to read:
5619	1003.57  Exceptional students instruction.-
5620	(3)
5621	(c)  Within 10 business days after receiving the
5622	notification, the receiving school district must review the
5623	student's individual educational plan (IEP) to determine if the
5624	student's IEP can be implemented by the receiving school
5625	district or by a provider or facility under contract with the
5626	receiving school district. The receiving school district shall:
5627	1.  Provide educational instruction to the student;
5628	2.  Contract with another provider or facility to provide
5629	the educational instruction;
5630	3.  Contract with the private residential care facility in
5631	which the student resides to provide the educational
5632	instruction; or
5633	4.  Decline to provide or contract for educational
5634	instruction.
5635
5636	If the receiving school district declines to provide or contract
5637	for the educational instruction, the school district in which
5638	the legal residence of the student is located shall provide or
5639	contract for the educational instruction to the student. The
5640	school district that provides educational instruction or
5641	contracts to provide educational instruction shall report the
5642	student for funding purposes pursuant to s. 1011.62.
5643
5644	The requirements of paragraphs (c) and (d) do not apply to
5645	written agreements among school districts which specify each
5646	school district's responsibility for providing and paying for
5647	educational services to an exceptional student in a residential
5648	care facility. However, each agreement must require a school
5649	district to review the student's IEP within 10 business days
5650	after receiving the notification required under paragraph (b).
5651	Reviser's note.-Amended to confirm an editorial
5652	insertion made to provide clarity.
5653	Section 128.  Paragraph (a) of subsection (2) and
5654	subsection (7) of section 1004.87, Florida Statutes, are
5655	repealed.
5656	Reviser's note.-Paragraph (2)(a) is repealed to delete
5657	material relating to appointment of initial members of
5658	the Florida College System Task Force on or before
5659	August 31, 2008, and holding of the first task force
5660	meeting on or before September 15, 2008. Subsection
5661	(7) is repealed to delete material relating to
5662	submittal of a report and recommendations by March 2,
5663	2009.
5664	Section 129.  Subsection (6) of section 1011.71, Florida
5665	Statutes, is amended to read:
5666	1011.71  District school tax.-
5667	(6)  Violations of the expenditure provisions in subsection
5668	(2) or subsection (5) (4) shall result in an equal dollar
5669	reduction in the Florida Education Finance Program (FEFP) funds
5670	for the violating district in the fiscal year following the
5671	audit citation.
5672	Reviser's note.-Amended to conform to the
5673	redesignation of subsection (4) as subsection (5) by
5674	s. 33, ch. 2009-59, Laws of Florida.
5675	Section 130.  Subsection (2) of section 1011.73, Florida
5676	Statutes, is amended to read:
5677	1011.73  District millage elections.-
5678	(2)  MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.-The district
5679	school board, pursuant to resolution adopted at a regular
5680	meeting, shall direct the county commissioners to call an
5681	election at which the electors within the school district may
5682	approve an ad valorem tax millage as authorized under s.
5683	1011.71(9) 1011.71(8). Such election may be held at any time,
5684	except that not more than one such election shall be held during
5685	any 12-month period. Any millage so authorized shall be levied
5686	for a period not in excess of 4 years or until changed by
5687	another millage election, whichever is earlier. If any such
5688	election is invalidated by a court of competent jurisdiction,
5689	such invalidated election shall be considered not to have been
5690	held.
5691	Reviser's note.-Amended to conform to the
5692	redesignation of subsections within s. 1011.71 by s.
5693	33, ch. 2009-59, Laws of Florida.
5694	Section 131.  Subsection (1) of section 1013.45, Florida
5695	Statutes, is reenacted to read:
5696	1013.45  Educational facilities contracting and
5697	construction techniques.-
5698	(1)  Boards may employ procedures to contract for
5699	construction of new facilities, or for additions, remodeling,
5700	renovation, maintenance, or repairs to existing facilities, that
5701	will include, but not be limited to:
5702	(a)  Competitive bids.
5703	(b)  Design-build pursuant to s. 287.055.
5704	(c)  Selecting a construction management entity, pursuant
5705	to s. 255.103 or the process provided by s. 287.055, that would
5706	be responsible for all scheduling and coordination in both
5707	design and construction phases and is generally responsible for
5708	the successful, timely, and economical completion of the
5709	construction project. The construction management entity must
5710	consist of or contract with licensed or registered professionals
5711	for the specific fields or areas of construction to be
5712	performed, as required by law. At the option of the board, the
5713	construction management entity, after having been selected, may
5714	be required to offer a guaranteed maximum price or a guaranteed
5715	completion date; in which case, the construction management
5716	entity must secure an appropriate surety bond pursuant to s.
5717	255.05 and must hold construction subcontracts. The criteria for
5718	selecting a construction management entity shall not unfairly
5719	penalize an entity that has relevant experience in the delivery
5720	of construction projects of similar size and complexity by
5721	methods of delivery other than construction management.
5722	(d)  Selecting a program management entity, pursuant to s.
5723	255.103 or the process provided by s. 287.055, that would act as
5724	the agent of the board and would be responsible for schedule
5725	control, cost control, and coordination in providing or
5726	procuring planning, design, and construction services. The
5727	program management entity must consist of or contract with
5728	licensed or registered professionals for the specific areas of
5729	design or construction to be performed as required by law. The
5730	program management entity may retain necessary design
5731	professionals selected under the process provided in s. 287.055.
5732	At the option of the board, the program management entity, after
5733	having been selected, may be required to offer a guaranteed
5734	maximum price or a guaranteed completion date, in which case the
5735	program management entity must secure an appropriate surety bond
5736	pursuant to s. 255.05 and must hold design and construction
5737	subcontracts. The criteria for selecting a program management
5738	entity shall not unfairly penalize an entity that has relevant
5739	experience in the delivery of construction programs of similar
5740	size and complexity by methods of delivery other than program
5741	management.
5742	(e)  Day-labor contracts not exceeding $280,000 for
5743	construction, renovation, remodeling, or maintenance of existing
5744	facilities. Beginning January 2009, this amount shall be
5745	adjusted annually based upon changes in the Consumer Price
5746	Index.
5747	Reviser's note.-Section 5, ch. 2009-227, Laws of
5748	Florida, amended subsection (1) without publishing
5749	paragraph (e). Absent affirmative evidence of
5750	legislative intent to repeal paragraph (e), subsection
5751	(1) is reenacted to confirm that the omission was not
5752	intended.
5753	Section 132.  This act shall take effect on the 60th day
5754	after adjournment sine die of the session of the Legislature in
5755	which enacted.

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