HB 7007

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	16.0155, 28.36, 102.012, 112.534, 206.608, 213.67, 283.30,
4	283.33, 283.43, 285.710, 288.0659, 288.106, 288.9604,
5	316.008, 319.30, 320.03, 321.05, 327.73, 339.135, 341.302,
6	373.036, 376.011, 380.0552, 380.503, 381.0065, 401.465,
7	402.7305, 403.7032, 403.891, 411.01, 435.03, 443.091,
8	443.131, 479.01, 494.00331, 550.334, 550.3345, 553.77,
9	624.310, 627.4605, 627.711, 633.081, 677.105, 893.055,
10	893.0551, 1002.69, 1003.428, 1003.429, and 1008.34, F.S.;
11	and reenacting ss. 61.30, 163.3202, 369.317, 443.141,
12	497.372, and 718.111, F.S.; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (3) of section 16.0155, Florida
17	Statutes, is amended to read:
18	16.0155  Contingency fee agreements.-
19	(3)  If the Attorney General makes the determination
20	described in subsection (2), notwithstanding the exemption
21	provided in s. 287.057(3)(f) 287.057(5)(f), the Attorney General
22	shall request proposals from private attorneys to represent the
23	department on a contingency-fee basis, unless the Attorney
24	General determines in writing that requesting proposals is not
25	feasible under the circumstances. The written determination does
26	not constitute a final agency action subject to review pursuant
27	to ss. 120.569 and 120.57. For purposes of this subsection only,
28	the department is exempt from the requirements of s. 120.57(3),
29	and neither the request for proposals nor the contract award is
30	subject to challenge pursuant to ss. 120.569 and 120.57.
31	Reviser's note.-Amended to conform to the renumbering
32	of subunits of s. 287.057 by s. 19, ch. 2010-151, Laws
33	of Florida.
34	Section 2.  Paragraph (b) of subsection (10) of section
35	28.36, Florida Statutes, is amended to read:
36	28.36  Budget procedure.-There is established a budget
37	procedure for preparing budget requests for funding for the
38	court-related functions of the clerks of the court.
39	(10)
40	(b)  The corporation shall estimate the fourth quarter's
41	number of units to be performed by each clerk. The amount of the
42	fourth-quarter release shall be based on the approved unit cost
43	times the estimated number of units of the fourth quarter with
44	the following adjustment: the fourth-quarter release shall be
45	adjusted based on the first three quarter's actual number of
46	service units provided as reported to the corporation by each
47	clerk. If the clerk has performed fewer service units in the
48	first three quarters of the year compared to three quarters of
49	the estimated number of service units in the General
50	Appropriations Act, the corporation shall decrease the fourth-
51	quarter release. The amount of the decrease shall equal the
52	amount of the difference between the estimated number of service
53	units for the first three quarters and the actual number of
54	service units provided in the first three quarters times the
55	approved unit cost.
56	Reviser's note.-Amended to confirm insertion of the
57	word "the" by the editors.
58	Section 3.  Subsection (6) of section 61.30, Florida
59	Statutes, is reenacted to read:
60	61.30  Child support guidelines; retroactive child
61	support.-
62	(6)  The following guidelines schedule shall be applied to
63	the combined net income to determine the minimum child support
64	need:
65
	Combined
66
	Monthly Net Child or Children
67
	Income One Two Three Four Five Six
68
	800.00 190 211 213 216 218 220
69
	850.00 202 257 259 262 265 268
70
	900.00 213 302 305 309 312 315
71
	950.00 224 347 351 355 359 363
72
	1000.00 235 365 397 402 406 410
73
	1050.00 246 382 443 448 453 458
74
	1100.00 258 400 489 495 500 505
75
	1150.00 269 417 522 541 547 553
76
	1200.00 280 435 544 588 594 600
77
	1250.00 290 451 565 634 641 648
78
	1300.00 300 467 584 659 688 695
79
	1350.00 310 482 603 681 735 743
80
	1400.00 320 498 623 702 765 790
81
	1450.00 330 513 642 724 789 838
82
	1500.00 340 529 662 746 813 869
83
	1550.00 350 544 681 768 836 895
84
	1600.00 360 560 701 790 860 920
85
	1650.00 370 575 720 812 884 945
86
	1700.00 380 591 740 833 907 971
87
	1750.00 390 606 759 855 931 996
88
	1800.00 400 622 779 877 955 1022
89
	1850.00 410 638 798 900 979 1048
90
	1900.00 421 654 818 923 1004 1074
91
	1950.00 431 670 839 946 1029 1101
92
	2000.00 442 686 859 968 1054 1128
93
	2050.00 452 702 879 991 1079 1154
94
	2100.00 463 718 899 1014 1104 1181
95
	2150.00 473 734 919 1037 1129 1207
96
	2200.00 484 751 940 1060 1154 1234
97
	2250.00 494 767 960 1082 1179 1261
98
	2300.00 505 783 980 1105 1204 1287
99
	2350.00 515 799 1000 1128 1229 1314
100
	2400.00 526 815 1020 1151 1254 1340
101
	2450.00 536 831 1041 1174 1279 1367
102
	2500.00 547 847 1061 1196 1304 1394
103
	2550.00 557 864 1081 1219 1329 1420
104
	2600.00 568 880 1101 1242 1354 1447
105
	2650.00 578 896 1121 1265 1379 1473
106
	2700.00 588 912 1141 1287 1403 1500
107
	2750.00 597 927 1160 1308 1426 1524
108
	2800.00 607 941 1178 1328 1448 1549
109
	2850.00 616 956 1197 1349 1471 1573
110
	2900.00 626 971 1215 1370 1494 1598
111
	2950.00 635 986 1234 1391 1517 1622
112
	3000.00 644 1001 1252 1412 1540 1647
113
	3050.00 654 1016 1271 1433 1563 1671
114
	3100.00 663 1031 1289 1453 1586 1695
115
	3150.00 673 1045 1308 1474 1608 1720
116
	3200.00 682 1060 1327 1495 1631 1744
117
	3250.00 691 1075 1345 1516 1654 1769
118
	3300.00 701 1090 1364 1537 1677 1793
119
	3350.00 710 1105 1382 1558 1700 1818
120
	3400.00 720 1120 1401 1579 1723 1842
121
	3450.00 729 1135 1419 1599 1745 1867
122
	3500.00 738 1149 1438 1620 1768 1891
123
	3550.00 748 1164 1456 1641 1791 1915
124
	3600.00 757 1179 1475 1662 1814 1940
125
	3650.00 767 1194 1493 1683 1837 1964
126
	3700.00 776 1208 1503 1702 1857 1987
127
	3750.00 784 1221 1520 1721 1878 2009
128
	3800.00 793 1234 1536 1740 1899 2031
129
	3850.00 802 1248 1553 1759 1920 2053
130
	3900.00 811 1261 1570 1778 1940 2075
131
	3950.00 819 1275 1587 1797 1961 2097
132
	4000.00 828 1288 1603 1816 1982 2119
133
	4050.00 837 1302 1620 1835 2002 2141
134
	4100.00 846 1315 1637 1854 2023 2163
135
	4150.00 854 1329 1654 1873 2044 2185
136
	4200.00 863 1342 1670 1892 2064 2207
137
	4250.00 872 1355 1687 1911 2085 2229
138
	4300.00 881 1369 1704 1930 2106 2251
139
	4350.00 889 1382 1721 1949 2127 2273
140
	4400.00 898 1396 1737 1968 2147 2295
141
	4450.00 907 1409 1754 1987 2168 2317
142
	4500.00 916 1423 1771 2006 2189 2339
143
	4550.00 924 1436 1788 2024 2209 2361
144
	4600.00 933 1450 1804 2043 2230 2384
145
	4650.00 942 1463 1821 2062 2251 2406
146
	4700.00 951 1477 1838 2081 2271 2428
147
	4750.00 959 1490 1855 2100 2292 2450
148
	4800.00 968 1503 1871 2119 2313 2472
149
	4850.00 977 1517 1888 2138 2334 2494
150
	4900.00 986 1530 1905 2157 2354 2516
151
	4950.00 993 1542 1927 2174 2372 2535
152
	5000.00 1000 1551 1939 2188 2387 2551
153
	5050.00 1006 1561 1952 2202 2402 2567
154
	5100.00 1013 1571 1964 2215 2417 2583
155
	5150.00 1019 1580 1976 2229 2432 2599
156
	5200.00 1025 1590 1988 2243 2447 2615
157
	5250.00 1032 1599 2000 2256 2462 2631
158
	5300.00 1038 1609 2012 2270 2477 2647
159
	5350.00 1045 1619 2024 2283 2492 2663
160
	5400.00 1051 1628 2037 2297 2507 2679
161
	5450.00 1057 1638 2049 2311 2522 2695
162
	5500.00 1064 1647 2061 2324 2537 2711
163
	5550.00 1070 1657 2073 2338 2552 2727
164
	5600.00 1077 1667 2085 2352 2567 2743
165
	5650.00 1083 1676 2097 2365 2582 2759
166
	5700.00 1089 1686 2109 2379 2597 2775
167
	5750.00 1096 1695 2122 2393 2612 2791
168
	5800.00 1102 1705 2134 2406 2627 2807
169
	5850.00 1107 1713 2144 2418 2639 2820
170
	5900.00 1111 1721 2155 2429 2651 2833
171
	5950.00 1116 1729 2165 2440 2663 2847
172
	6000.00 1121 1737 2175 2451 2676 2860
173
	6050.00 1126 1746 2185 2462 2688 2874
174
	6100.00 1131 1754 2196 2473 2700 2887
175
	6150.00 1136 1762 2206 2484 2712 2900
176
	6200.00 1141 1770 2216 2495 2724 2914
177
	6250.00 1145 1778 2227 2506 2737 2927
178
	6300.00 1150 1786 2237 2517 2749 2941
179
	6350.00 1155 1795 2247 2529 2761 2954
180
	6400.00 1160 1803 2258 2540 2773 2967
181
	6450.00 1165 1811 2268 2551 2785 2981
182
	6500.00 1170 1819 2278 2562 2798 2994
183
	6550.00 1175 1827 2288 2573 2810 3008
184
	6600.00 1179 1835 2299 2584 2822 3021
185
	6650.00 1184 1843 2309 2595 2834 3034
186
	6700.00 1189 1850 2317 2604 2845 3045
187
	6750.00 1193 1856 2325 2613 2854 3055
188
	6800.00 1196 1862 2332 2621 2863 3064
189
	6850.00 1200 1868 2340 2630 2872 3074
190
	6900.00 1204 1873 2347 2639 2882 3084
191
	6950.00 1208 1879 2355 2647 2891 3094
192
	7000.00 1212 1885 2362 2656 2900 3103
193
	7050.00 1216 1891 2370 2664 2909 3113
194
	7100.00 1220 1897 2378 2673 2919 3123
195
	7150.00 1224 1903 2385 2681 2928 3133
196
	7200.00 1228 1909 2393 2690 2937 3142
197
	7250.00 1232 1915 2400 2698 2946 3152
198
	7300.00 1235 1921 2408 2707 2956 3162
199
	7350.00 1239 1927 2415 2716 2965 3172
200
	7400.00 1243 1933 2423 2724 2974 3181
201
	7450.00 1247 1939 2430 2733 2983 3191
202
	7500.00 1251 1945 2438 2741 2993 3201
203
	7550.00 1255 1951 2446 2750 3002 3211
204
	7600.00 1259 1957 2453 2758 3011 3220
205
	7650.00 1263 1963 2461 2767 3020 3230
206
	7700.00 1267 1969 2468 2775 3030 3240
207
	7750.00 1271 1975 2476 2784 3039 3250
208
	7800.00 1274 1981 2483 2792 3048 3259
209
	7850.00 1278 1987 2491 2801 3057 3269
210
	7900.00 1282 1992 2498 2810 3067 3279
211
	7950.00 1286 1998 2506 2818 3076 3289
212
	8000.00 1290 2004 2513 2827 3085 3298
213
	8050.00 1294 2010 2521 2835 3094 3308
214
	8100.00 1298 2016 2529 2844 3104 3318
215
	8150.00 1302 2022 2536 2852 3113 3328
216
	8200.00 1306 2028 2544 2861 3122 3337
217
	8250.00 1310 2034 2551 2869 3131 3347
218
	8300.00 1313 2040 2559 2878 3141 3357
219
	8350.00 1317 2046 2566 2887 3150 3367
220
	8400.00 1321 2052 2574 2895 3159 3376
221
	8450.00 1325 2058 2581 2904 3168 3386
222
	8500.00 1329 2064 2589 2912 3178 3396
223
	8550.00 1333 2070 2597 2921 3187 3406
224
	8600.00 1337 2076 2604 2929 3196 3415
225
	8650.00 1341 2082 2612 2938 3205 3425
226
	8700.00 1345 2088 2619 2946 3215 3435
227
	8750.00 1349 2094 2627 2955 3224 3445
228
	8800.00 1352 2100 2634 2963 3233 3454
229
	8850.00 1356 2106 2642 2972 3242 3464
230
	8900.00 1360 2111 2649 2981 3252 3474
231
	8950.00 1364 2117 2657 2989 3261 3484
232
	9000.00 1368 2123 2664 2998 3270 3493
233
	9050.00 1372 2129 2672 3006 3279 3503
234
	9100.00 1376 2135 2680 3015 3289 3513
235
	9150.00 1380 2141 2687 3023 3298 3523
236
	9200.00 1384 2147 2695 3032 3307 3532
237
	9250.00 1388 2153 2702 3040 3316 3542
238
	9300.00 1391 2159 2710 3049 3326 3552
239
	9350.00 1395 2165 2717 3058 3335 3562
240
	9400.00 1399 2171 2725 3066 3344 3571
241
	9450.00 1403 2177 2732 3075 3353 3581
242
	9500.00 1407 2183 2740 3083 3363 3591
243
	9550.00 1411 2189 2748 3092 3372 3601
244
	9600.00 1415 2195 2755 3100 3381 3610
245
	9650.00 1419 2201 2763 3109 3390 3620
246
	9700.00 1422 2206 2767 3115 3396 3628
247
	9750.00 1425 2210 2772 3121 3402 3634
248
	9800.00 1427 2213 2776 3126 3408 3641
249
	9850.00 1430 2217 2781 3132 3414 3647
250
	9900.00 1432 2221 2786 3137 3420 3653
251
	9950.00 1435 2225 2791 3143 3426 3659
252
	10000.00 1437 2228 2795 3148 3432 3666
253
254	(a)  If the obligor parent's net income is less than the
255	amount in the guidelines schedule:
256	1.  The parent should be ordered to pay a child support
257	amount, determined on a case-by-case basis, to establish the
258	principle of payment and lay the basis for increased support
259	orders should the parent's income increase.
260	2.  The obligor parent's child support payment shall be the
261	lesser of the obligor parent's actual dollar share of the total
262	minimum child support amount, as determined in subparagraph 1.,
263	and 90 percent of the difference between the obligor parent's
264	monthly net income and the current poverty guidelines as
265	periodically updated in the Federal Register by the United
266	States Department of Health and Human Services pursuant to 42
267	U.S.C. s. 9902(2) for a single individual living alone.
268	(b)  For combined monthly net income greater than the
269	amount in the guidelines schedule, the obligation is the minimum
270	amount of support provided by the guidelines schedule plus the
271	following percentages multiplied by the amount of income over
272	$10,000:
273
	Child or Children
274
	One Two Three Four Five Six
275
	5.0% 7.5% 9.5% 11.0% 12.0% 12.5%
276
277	Reviser's note.-Section 5, ch. 2010-199, Laws of
278	Florida, amended subsection (6) without publishing the
279	line in the child support guidelines schedule
280	beginning with "800.00." Absent affirmative evidence
281	of legislative intent to repeal the line in the
282	schedule, subsection (6) is reenacted to confirm the
283	omission was not intended.
284	Section 4.  Paragraph (b) of subsection (1) of section
285	102.012, Florida Statutes, is amended to read:
286	102.012  Inspectors and clerks to conduct elections.-
287	(1)
288	(b)  If two or more precincts share the same building and
289	voting place, the supervisor of elections may appoint one
290	election board for the collocated precincts. The supervisor
291	shall provide that a sufficient number of poll workers are
292	appointed to adequately handle the processing of the voters in
293	the collocated precincts.
294	Reviser's note.-Amended to confirm insertion of the
295	word "that" by the editors.
296	Section 5.  Paragraph (b) of subsection (1) of section
297	112.534, Florida Statutes, is amended to read:
298	112.534  Failure to comply; official misconduct.-
299	(1)  If any law enforcement agency or correctional agency,
300	including investigators in its internal affairs or professional
301	standards division, or an assigned investigating supervisor,
302	intentionally fails to comply with the requirements of this
303	part, the following procedures apply. For purposes of this
304	section, the term "law enforcement officer" or "correctional
305	officer" includes the officer's representative or legal counsel,
306	except in application of paragraph (d).
307	(b)  If the investigator fails to cure the violation or
308	continues the violation after being notified by the law
309	enforcement officer or correctional officer, the officer shall
310	request the agency head or his or her designee be informed of
311	the alleged intentional violation. Once this request is made,
312	the interview of the officer shall cease, and the officer's
313	refusal to respond to further investigative questions does not
314	constitute insubordination or any similar type of policy
315	violation.
316	Reviser's note.-Amended pursuant to the directive of
317	the Legislature in s. 1, ch. 93-199, Laws of Florida,
318	to remove gender-specific references applicable to
319	human beings from the Florida Statutes without
320	substantive change in legal effect.
321	Section 6.  Subsection (2) of section 163.3202, Florida
322	Statutes, is reenacted to read:
323	163.3202  Land development regulations.-
324	(2)  Local land development regulations shall contain
325	specific and detailed provisions necessary or desirable to
326	implement the adopted comprehensive plan and shall at a minimum:
327	(a)  Regulate the subdivision of land.
328	(b)  Regulate the use of land and water for those land use
329	categories included in the land use element and ensure the
330	compatibility of adjacent uses and provide for open space.
331	(c)  Provide for protection of potable water wellfields.
332	(d)  Regulate areas subject to seasonal and periodic
333	flooding and provide for drainage and stormwater management.
334	(e)  Ensure the protection of environmentally sensitive
335	lands designated in the comprehensive plan.
336	(f)  Regulate signage.
337	(g)  Provide that public facilities and services meet or
338	exceed the standards established in the capital improvements
339	element required by s. 163.3177 and are available when needed
340	for the development, or that development orders and permits are
341	conditioned on the availability of these public facilities and
342	services necessary to serve the proposed development. A local
343	government may not issue a development order or permit that
344	results in a reduction in the level of services for the affected
345	public facilities below the level of services provided in the
346	local government's comprehensive plan.
347	(h)  Ensure safe and convenient onsite traffic flow,
348	considering needed vehicle parking.
349	(i)  Maintain the existing density of residential
350	properties or recreational vehicle parks if the properties are
351	intended for residential use and are located in the
352	unincorporated areas that have sufficient infrastructure, as
353	determined by a local governing authority, and are not located
354	within a coastal high-hazard area under s. 163.3178.
355	Reviser's note.-Section 188, ch. 2010-102, Laws of
356	Florida, amended subsection (2) without publishing
357	paragraph (i). Absent affirmative evidence of
358	legislative intent to repeal paragraph (i), subsection
359	(2) is reenacted to confirm the omission was not
360	intended.
361	Section 7.  Subsection (3) of section 206.608, Florida
362	Statutes, is amended to read:
363	206.608  State Comprehensive Enhanced Transportation System
364	Tax; deposit of proceeds; distribution.-Moneys received pursuant
365	to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
366	Fuel Tax Collection Trust Fund, and, after deducting the service
367	charge imposed in chapter 215 and administrative costs incurred
368	by the department in collecting, administering, enforcing, and
369	distributing the tax, which administrative costs may not exceed
370	2 percent of collections, shall be distributed as follows:
371	(3)  For the 2010-2011 fiscal year only, and
372	notwithstanding the provisions of subsection (2), the remaining
373	proceeds of the tax levied pursuant to s. 206.41(1)(f) and all
374	of the proceeds from the tax imposed by s. 206.87(1)(d) shall be
375	transferred into the State Transportation Trust Fund and shall
376	be used for the purposes stated in s. 339.08. This subsection
377	paragraph expires July 1, 2011.
378	Reviser's note.-Amended to confirm substitution by the
379	editors of the word "subsection" for the word
380	"paragraph" to conform to the structure of the
381	section.
382	Section 8.  Subsection (1) of section 213.67, Florida
383	Statutes, is amended to read:
384	213.67  Garnishment.-
385	(1)  If a person is delinquent in the payment of any taxes,
386	penalties, and interest owed to the department, the executive
387	director or his or her designee may give notice of the amount of
388	such delinquency by registered mail, by personal service, or by
389	electronic means, including, but not limited to, facsimile
390	transmissions, electronic data interchange, or use of the
391	Internet, to all persons having in their possession or under
392	their control any credits or personal property, exclusive of
393	wages, belonging to the delinquent taxpayer, or owing any debts
394	to such delinquent taxpayer at the time of receipt by them of
395	such notice. Thereafter, any person who has been notified may
396	not transfer or make any other disposition of such credits,
397	other personal property, or debts until the executive director
398	or his or her designee consents to a transfer or disposition or
399	until 60 days after the receipt of such notice. However, the
400	credits, other personal property, or debts that exceed the
401	delinquent amount stipulated in the notice are not subject to
402	this section, wherever held, if the taxpayer does not have a
403	prior history of tax delinquencies. If during the effective
404	period of the notice to withhold, any person so notified makes
405	any transfer or disposition of the property or debts required to
406	be withheld under this section, he or she is liable to the state
407	for any indebtedness owed to the department by the person with
408	respect to whose obligation the notice was given to the extent
409	of the value of the property or the amount of the debts thus
410	transferred or paid if, solely by reason of such transfer or
411	disposition, the state is unable to recover the indebtedness of
412	the person with respect to whose obligation the notice was
413	given. If the delinquent taxpayer contests the intended levy in
414	circuit court or under chapter 120, the notice under this
415	section remains effective until that final resolution of the
416	contest. Any financial institution receiving such notice will
417	maintain a right of setoff for any transaction involving a debit
418	card occurring on or before the date of receipt of such notice.
419	Reviser's note.-Amended to confirm insertion of the
420	word "by" by the editors.
421	Section 9.  Section 283.30, Florida Statutes, is amended to
422	read:
423	283.30  Definitions.-As used in this chapter part, unless
424	the context clearly requires otherwise, the term:
425	(1)  "Agency" means any official, officer, department,
426	board, commission, division, bureau, section, district, office,
427	authority, committee, or council, or any other unit of
428	organization, however designated, of the executive branch of
429	state government, and the Public Service Commission.
430	(2)  "Department" means the Department of Management
431	Services.
432	(3)  "Duplicating" means the process of reproducing an
433	image or images from an original to a final substrate through
434	the electrophotographic, xerographic, laser, or offset process
435	or any combination of these processes, by which an operator can
436	make more than one copy without rehandling the original.
437	(4)  "Printing" is the transfer of an image or images by
438	the use of ink or similar substance from an original image to
439	the final substrate through the process of letterpress, offset
440	lithography, gravure, screen printing, or engraving. Printing
441	shall include the process of and the materials used in binding.
442	Printing shall also include duplicating when used to produce
443	publications.
444	(5)  "Public" means those entities and persons other than
445	subordinate and functionally related or connected federal,
446	state, or local governmental agencies.
447	(6)  "Publication" means any document, whether produced for
448	public or internal distribution.
449	Reviser's note.-Amended to conform to the fact that
450	chapter 283 is not divided into parts.
451	Section 10.  Subsection (3) of section 283.33, Florida
452	Statutes, is amended to read:
453	283.33  Printing of publications; lowest bidder awards.-
454	(3)  Except as otherwise provided for in this chapter part,
455	a contract for printing of a publication shall be subject to,
456	when applicable, the definitions in s. 287.012, and shall be
457	considered a commodity for that purpose.
458	Reviser's note.-Amended to conform to the fact that
459	chapter 283 is not divided into parts.
460	Section 11.  Section 283.43, Florida Statutes, is amended
461	to read:
462	283.43  Public information printing services.-Any agency
463	the authorized functions of which include public information
464	programs is authorized to purchase, pursuant to this chapter
465	part and subject to its appropriation and any other limitations
466	imposed by law, typesetting, printing, and media distribution
467	services, when the purchase of such services would be less
468	costly than the performance of the same services directly by the
469	agency or when such services are beyond the production
470	limitations established by agency guidelines.
471	Reviser's note.-Amended to conform to the fact that
472	chapter 283 is not divided into parts.
473	Section 12.  Paragraph (g) of subsection (1) of section
474	285.710, Florida Statutes, is amended to read:
475	285.710  Compact authorization.-
476	(1)  As used in this section, the term:
477	(g)  "Tribe" means the Seminole Tribe of Florida or any
478	affiliate thereof conducting activities pursuant to the compact
479	under the authority of the Seminole Tribe of Florida have the
480	same meaning as provided in s. 285.711.
481	Reviser's note.-Amended to delete extraneous language;
482	s. 285.711 was repealed by s. 2, ch. 2010-29, Laws of
483	Florida.
484	Section 13.  Subsection (10) of section 288.0659, Florida
485	Statutes, is amended to read:
486	288.0659  Local Government Distressed Area Matching Grant
487	Program.-
488	(10)  Up to 2 percent of the funds appropriated annually by
489	be the Legislature for the program may be used by the office for
490	direct administrative costs associated with implementing this
491	section.
492	Reviser's note.-Amended to confirm substitution by the
493	editors of the word "by" for the word "be" to conform
494	to context.
495	Section 14.  Paragraph (b) of subsection (3) of section
496	288.106, Florida Statutes, is amended to read:
497	288.106  Tax refund program for qualified target industry
498	businesses.-
499	(3)  TAX REFUND; ELIGIBLE AMOUNTS.-
500	(b)1.  Upon approval by the office, a qualified target
501	industry business shall be allowed tax refund payments equal to
502	$3,000 multiplied by the number of jobs specified in the tax
503	refund agreement under subparagraph (5)(a)1., or equal to $6,000
504	multiplied by the number of jobs if the project is located in a
505	rural community or an enterprise zone.
506	2.  A qualified target industry business shall be allowed
507	additional tax refund payments equal to $1,000 multiplied by the
508	number of jobs specified in the tax refund agreement under
509	subparagraph (5)(a)1. if such jobs pay an annual average wage of
510	at least 150 percent of the average private sector wage in the
511	area, or equal to $2,000 multiplied by the number of jobs if
512	such jobs pay an annual average wage of at least 200 percent of
513	the average private sector wage in the area.
514	3.  A qualified target industry business shall be allowed
515	tax refund payments in addition to the other payments authorized
516	in this paragraph equal to $1,000 multiplied by the number of
517	jobs specified in the tax refund agreement under subparagraph
518	(5)(a)1. (4)(a)1. if the local financial support is equal to
519	that of the state's incentive award under subparagraph 1.
520	4.  In addition to the other tax refund payments authorized
521	in this paragraph, a qualified target industry business shall be
522	allowed a tax refund payment equal to $2,000 multiplied by the
523	number of jobs specified in the tax refund agreement under
524	subparagraph (5)(a)1. (4)(a)1. if the business:
525	a.  Falls within one of the high-impact sectors designated
526	under s. 288.108; or
527	b.  Increases exports of its goods through a seaport or
528	airport in the state by at least 10 percent in value or tonnage
529	in each of the years that the business receives a tax refund
530	under this section. For purposes of this sub-subparagraph,
531	seaports in the state are limited to the ports of Jacksonville,
532	Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
533	Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
534	Pensacola, Fernandina, and Key West.
535	Reviser's note.-Amended to confirm substitution by the
536	editors of references to subparagraph (5)(a)1. for
537	references to subparagraph (4)(a)1. to conform to the
538	redesignation of subsections in s. 288.106 by s. 1,
539	ch. 2010-136, Laws of Florida.
540	Section 15.  Subsection (4) of section 288.9604, Florida
541	Statutes, is amended to read:
542	288.9604  Creation of the authority.-
543	(4)  The board may remove a director for inefficiency,
544	neglect of duty, or misconduct in office only after a hearing
545	and only if he or she has been given a copy of the charges at
546	least 10 days before such hearing and has had an opportunity to
547	be heard in person or by counsel. The removal of a director
548	shall create a vacancy on the board which shall be filled
549	pursuant to subsection (2) (4).
550	Reviser's note.-Amended to conform to the location of
551	material relating to the procedure for filling
552	vacancies.
553	Section 16.  Paragraph (c) of subsection (8) of section
554	316.008, Florida Statutes, is amended to read:
555	316.008  Powers of local authorities.-
556	(8)
557	(c)  Pursuant to s. 316.0083, a county or municipality may
558	use traffic infraction detectors to enforce a s. 316.074(1) or
559	s. 316.075(1)(c)1. when a driver fails to stop at a traffic
560	signal on state roads under the original jurisdiction of the
561	Department of Transportation when permitted by the Department of
562	Transportation.
563	Reviser's note.-Amended to confirm deletion of the
564	word "a" by the editors.
565	Section 17.  Paragraph (f) of subsection (8) of section
566	319.30, Florida Statutes, is amended to read:
567	319.30  Definitions; dismantling, destruction, change of
568	identity of motor vehicle or mobile home; salvage.-
569	(8)
570	(f)  This section does not authorize any person who is
571	engaged in the business of recovering, towing, or storing
572	vehicles pursuant to s. 713.78, and who is claiming a lien for
573	performing labor or services on a motor vehicle or mobile home
574	pursuant to s. 713.58, or is claiming that a motor vehicle or
575	mobile home has remained on any premises after tenancy has
576	terminated pursuant to s. 715.104, to use a derelict motor
577	vehicle certificate application for the purpose of transporting,
578	selling, disposing of, or delivering a motor vehicle to a
579	salvage motor vehicle dealer or secondary metals recycler
580	without obtaining the title or certificate of destruction
581	required under s. 713.58, s. 713.78, or s. 715.104.
582	Reviser's note.-Amended to confirm insertion of the
583	word "of" by the editors.
584	Section 18.  Subsection (10) of section 320.03, Florida
585	Statutes, is amended to read:
586	320.03  Registration; duties of tax collectors;
587	International Registration Plan.-
588	(10)  Jurisdiction over the electronic filing system for
589	use by authorized electronic filing system agents to
590	electronically title or register motor vehicles, vessels, mobile
591	homes, or off-highway vehicles; issue or transfer registration
592	license plates or decals; electronically transfer fees due for
593	the title and registration process; and perform inquiries for
594	title, registration, and lienholder verification and
595	certification of service providers is expressly preempted to the
596	state, and the department shall have regulatory authority over
597	the system. The electronic filing system shall be available for
598	use statewide and applied uniformly throughout the state. An
599	entity that, in the normal course of its business, sells
600	products that must be titled or registered, provides title and
601	registration services on behalf of its consumers and meets all
602	established requirements may be an authorized electronic filing
603	system agent and shall not be precluded from participating in
604	the electronic filing system in any county. Upon request from a
605	qualified entity, the tax collector shall appoint the entity as
606	an authorized electronic filing system agent for that county.
607	The department shall adopt rules in accordance with chapter 120
608	to replace the December 10, 2009, program standards and to
609	administer the provisions of this section, including, but not
610	limited to, establishing participation requirements,
611	certification of service providers, electronic filing system
612	requirements, and enforcement authority for noncompliance. The
613	December 10, 2009, program standards, excluding any standards
614	which conflict with this subsection paragraph, shall remain in
615	effect until the rules are adopted. An authorized electronic
616	filing agent may charge a fee to the customer for use of the
617	electronic filing system.
618	Reviser's note.-Amended to confirm substitution by the
619	editors of the word "subsection" for the word
620	"paragraph" to conform to context.
621	Section 19.  Paragraph (b) of subsection (4) of section
622	321.05, Florida Statutes, is amended to read:
623	321.05  Duties, functions, and powers of patrol officers.-
624	The members of the Florida Highway Patrol are hereby declared to
625	be conservators of the peace and law enforcement officers of the
626	state, with the common-law right to arrest a person who, in the
627	presence of the arresting officer, commits a felony or commits
628	an affray or breach of the peace constituting a misdemeanor,
629	with full power to bear arms; and they shall apprehend, without
630	warrant, any person in the unlawful commission of any of the
631	acts over which the members of the Florida Highway Patrol are
632	given jurisdiction as hereinafter set out and deliver him or her
633	to the sheriff of the county that further proceedings may be had
634	against him or her according to law. In the performance of any
635	of the powers, duties, and functions authorized by law, members
636	of the Florida Highway Patrol have the same protections and
637	immunities afforded other peace officers, which shall be
638	recognized by all courts having jurisdiction over offenses
639	against the laws of this state, and have authority to apply for,
640	serve, and execute search warrants, arrest warrants, capias, and
641	other process of the court. The patrol officers under the
642	direction and supervision of the Department of Highway Safety
643	and Motor Vehicles shall perform and exercise throughout the
644	state the following duties, functions, and powers:
645	(4)
646	(b)  Any person so arrested and released on his or her own
647	recognizance by an officer and who fails to appear or respond to
648	a notice to appear shall, in addition to the traffic violation
649	charge, commits a noncriminal traffic infraction subject to the
650	penalty provided in s. 318.18(2).
651	Reviser's note.-Amended to confirm deletion of the
652	word "shall" by the editors.
653	Section 20.  Subsection (1) of section 327.73, Florida
654	Statutes, is amended to read:
655	327.73  Noncriminal infractions.-
656	(1)  Violations of the following provisions of the vessel
657	laws of this state are noncriminal infractions:
658	(a)  Section 328.46, relating to operation of unregistered
659	and unnumbered vessels.
660	(b)  Section 328.48(4), relating to display of number and
661	possession of registration certificate.
662	(c)  Section 328.48(5), relating to display of decal.
663	(d)  Section 328.52(2), relating to display of number.
664	(e)  Section 328.54, relating to spacing of digits and
665	letters of identification number.
666	(f)  Section 328.60, relating to military personnel and
667	registration of vessels.
668	(g)  Section 328.72(13), relating to operation with an
669	expired registration.
670	(h)  Section 327.33(2), relating to careless operation.
671	(i)  Section 327.37, relating to water skiing, aquaplaning,
672	parasailing, and similar activities.
673	(j)  Section 327.44, relating to interference with
674	navigation.
675	(k)  Violations relating to boating-restricted areas and
676	speed limits:
677	1.  Established by the commission or by local governmental
678	authorities pursuant to s. 327.46.
679	2.  Speed limits established pursuant to s. 379.2431(2).
680	(l)  Section 327.48, relating to regattas and races.
681	(m)  Section 327.50(1) and (2), relating to required safety
682	equipment, lights, and shapes.
683	(n)  Section 327.65, relating to muffling devices.
684	(o)  Section 327.33(3)(b), relating to navigation rules.
685	(p)  Section 327.39(1), (2), (3), and (5), relating to
686	personal watercraft.
687	(q)  Section 327.53(1), (2), and (3), relating to marine
688	sanitation.
689	(r)  Section 327.53(4), (5), and (7), relating to marine
690	sanitation, for which the civil penalty is $250.
691	(s)  Section 327.395, relating to boater safety education.
692	(t)  Section 327.52(3), relating to operation of overloaded
693	or overpowered vessels.
694	(u)  Section 327.331, relating to divers-down flags, except
695	for violations meeting the requirements of s. 327.33.
696	(v)  Section 327.391(1), relating to the requirement for an
697	adequate muffler on an airboat.
698	(w)  Section 327.391(3), relating to the display of a flag
699	on an airboat.
700	(x)  Section 253.04(3)(a), relating to carelessly causing
701	seagrass scarring, for which the civil penalty upon conviction
702	is:
703	1.  For a first offense, $50.
704	2.  For a second offense occurring within 12 months after a
705	prior conviction, $250.
706	3.  For a third offense occurring within 36 months after a
707	prior conviction, $500.
708	4.  For a fourth or subsequent offense occurring within 72
709	months after a prior conviction, $1,000.
710
711	Any person cited for a violation of any such provision shall be
712	deemed to be charged with a noncriminal infraction, shall be
713	cited for such an infraction, and shall be cited to appear
714	before the county court. The civil penalty for any such
715	infraction is $50, except as otherwise provided in this section.
716	Any person who fails to appear or otherwise properly respond to
717	a uniform boating citation shall, in addition to the charge
718	relating to the violation of the boating laws of this state, be
719	charged with the offense of failing to respond to such citation
720	and, upon conviction, be guilty of a misdemeanor of the second
721	degree, punishable as provided in s. 775.082 or s. 775.083. A
722	written warning to this effect shall be provided at the time
723	such uniform boating citation is issued.
724
725	Any person cited for a violation of any such provision shall be
726	deemed to be charged with a noncriminal infraction, shall be
727	cited for such an infraction, and shall be cited to appear
728	before the county court. The civil penalty for any such
729	infraction is $50, except as otherwise provided in this section.
730	Any person who fails to appear or otherwise properly respond to
731	a uniform boating citation shall, in addition to the charge
732	relating to the violation of the boating laws of this state, be
733	charged with the offense of failing to respond to such citation
734	and, upon conviction, be guilty of a misdemeanor of the second
735	degree, punishable as provided in s. 775.082 or s. 775.083. A
736	written warning to this effect shall be provided at the time
737	such uniform boating citation is issued.
738	Reviser's note.-Amended to delete repetition of flush
739	left language resulting from an input error in
740	compilation of the section for the 2010 Florida
741	Statutes.
742	Section 21.  Paragraphs (d), (e), (f), and (g) of
743	subsection (7) of section 339.135, Florida Statutes, are amended
744	to read:
745	339.135  Work program; legislative budget request;
746	definitions; preparation, adoption, execution, and amendment.-
747	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.-
748	(d)  The department may not transfer any funds for any
749	project or project phase between department districts. However,
750	a district secretary may agree to a loan of funds to another
751	district, if:
752	1.  The funds are used solely to maximize the use or amount
753	of funds available to the state;
754	2.  The loan agreement is executed in writing and is signed
755	by the district secretaries of the respective districts;
756	3.  Repayment of the loan is to be made within 3 years
757	after the date on which the agreement was entered into; and
758	4.  The adopted work program of the district loaning the
759	funds would not be substantially impaired if the loan were made,
760	according to the district secretary.
761
762	The loan constitutes an amendment to the adopted work program
763	and is subject to the procedures specified in paragraph (e) (b).
764	(e)  The department may amend the adopted work program to
765	transfer fixed capital outlay appropriations for projects within
766	the same appropriations category or between appropriations
767	categories, including the following amendments which shall be
768	subject to the procedures in paragraph (f) (d):
769	1.  Any amendment which deletes any project or project
770	phase;
771	2.  Any amendment which adds a project estimated to cost
772	over $150,000 in funds appropriated by the Legislature;
773	3.  Any amendment which advances or defers to another
774	fiscal year, a right-of-way phase, a construction phase, or a
775	public transportation project phase estimated to cost over
776	$500,000 in funds appropriated by the Legislature, except an
777	amendment advancing or deferring a phase for a period of 90 days
778	or less; or
779	4.  Any amendment which advances or defers to another
780	fiscal year, any preliminary engineering phase or design phase
781	estimated to cost over $150,000 in funds appropriated by the
782	Legislature, except an amendment advancing or deferring a phase
783	for a period of 90 days or less.
784	(f)1.  Whenever the department proposes any amendment to
785	the adopted work program, as defined in subparagraph (e)1. (c)1.
786	or subparagraph (e)3. (c)3., which deletes or defers a
787	construction phase on a capacity project, it shall notify each
788	county affected by the amendment and each municipality within
789	the county. The notification shall be issued in writing to the
790	chief elected official of each affected county, each
791	municipality within the county, and the chair of each affected
792	metropolitan planning organization. Each affected county and
793	each municipality in the county is encouraged to coordinate with
794	each other in order to determine how the amendment affects local
795	concurrency management and regional transportation planning
796	efforts. Each affected county, and each municipality within the
797	county, shall have 14 days to provide written comments to the
798	department regarding how the amendment will affect its
799	respective concurrency management systems, including whether any
800	development permits were issued contingent upon the capacity
801	improvement, if applicable. After receipt of written comments
802	from the affected local governments, the department shall
803	include any written comments submitted by such local governments
804	in its preparation of the proposed amendment.
805	2.  Following the 14-day comment period in subparagraph 1.,
806	if applicable, whenever the department proposes any amendment to
807	the adopted work program, which amendment is defined in
808	subparagraph (e)1. (c)1., subparagraph (e)2. (c)2., subparagraph
809	(e)3. (c)3., or subparagraph (e)4. (c)4., it shall submit the
810	proposed amendment to the Governor for approval and shall
811	immediately notify the chairs of the legislative appropriations
812	committees, the chairs of the legislative transportation
813	committees, and each member of the Legislature who represents a
814	district affected by the proposed amendment. It shall also
815	notify each metropolitan planning organization affected by the
816	proposed amendment, and each unit of local government affected
817	by the proposed amendment, unless it provided to each the
818	notification required by subparagraph 1. Such proposed amendment
819	shall provide a complete justification of the need for the
820	proposed amendment.
821	3.  The Governor may not approve a proposed amendment until
822	14 days following the notification required in subparagraph 2.
823	4.  If either of the chairs of the legislative
824	appropriations committees or the President of the Senate or the
825	Speaker of the House of Representatives objects in writing to a
826	proposed amendment within 14 days following notification and
827	specifies the reasons for such objection, the Governor shall
828	disapprove the proposed amendment.
829	(g)  Notwithstanding the requirements in paragraphs (f) (d)
830	and (i) (g) and ss. 216.177(2) and 216.351, the secretary may
831	request the Executive Office of the Governor to amend the
832	adopted work program when an emergency exists, as defined in s.
833	252.34(3), and the emergency relates to the repair or
834	rehabilitation of any state transportation facility. The
835	Executive Office of the Governor may approve the amendment to
836	the adopted work program and amend that portion of the
837	department's approved budget in the event that the delay
838	incident to the notification requirements in paragraph (f) (d)
839	would be detrimental to the interests of the state. However, the
840	department shall immediately notify the parties specified in
841	paragraph (f) (d) and shall provide such parties written
842	justification for the emergency action within 7 days of the
843	approval by the Executive Office of the Governor of the
844	amendment to the adopted work program and the department's
845	budget. In no event may the adopted work program be amended
846	under the provisions of this subsection without the
847	certification by the comptroller of the department that there
848	are sufficient funds available pursuant to the 36-month cash
849	forecast and applicable statutes.
850	Reviser's note.-Amended to conform cross-references to
851	the addition of new paragraphs (7)(a) and (b) by s.
852	51, ch. 2010-153, Laws of Florida. Paragraph (d) is
853	also amended to correct an apparent error; the
854	reference to paragraph (b) was substituted for a
855	reference to paragraph (c) by s. 47, ch. 2005-152,
856	Laws of Florida. The s. 47, ch. 2005-152, substitution
857	was erroneous, added as a cross-reference correction
858	to conform to a deletion of subsection (a) by an
859	earlier version of Senate Bill 2610, which was not in
860	the version of the bill that became ch. 2005-152; the
861	cross-reference was not updated to conform to that
862	change.
863	Section 22.  Paragraph (a) of subsection (17) of section
864	341.302, Florida Statutes, is amended to read:
865	341.302  Rail program; duties and responsibilities of the
866	department.-The department, in conjunction with other
867	governmental entities, including the rail enterprise and the
868	private sector, shall develop and implement a rail program of
869	statewide application designed to ensure the proper maintenance,
870	safety, revitalization, and expansion of the rail system to
871	assure its continued and increased availability to respond to
872	statewide mobility needs. Within the resources provided pursuant
873	to chapter 216, and as authorized under federal law, the
874	department shall:
875	(17)  In conjunction with the acquisition, ownership,
876	construction, operation, maintenance, and management of a rail
877	corridor, have the authority to:
878	(a)  Assume the obligation by contract to forever protect,
879	defend, indemnify, and hold harmless the freight rail operator,
880	or its successors, from whom the department has acquired a real
881	property interest in the rail corridor, and that freight rail
882	operator's officers, agents, and employees, from and against any
883	liability, cost, and expense, including, but not limited to,
884	commuter rail passengers and rail corridor invitees in the rail
885	corridor, regardless of whether the loss, damage, destruction,
886	injury, or death giving rise to any such liability, cost, or
887	expense is caused in whole or in part, and to whatever nature or
888	degree, by the fault, failure, negligence, misconduct,
889	nonfeasance, or misfeasance of such freight rail operator, its
890	successors, or its officers, agents, and employees, or any other
891	person or persons whomsoever, provided that such assumption of
892	liability of the department by contract shall not in any
893	instance exceed the following parameters of allocation of risk:
894	1.  The department may be solely responsible for any loss,
895	injury, or damage to commuter rail passengers, or rail corridor
896	invitees, or trespassers, regardless of circumstances or cause,
897	subject to subparagraphs 2., 3., 4., 5., and 6.
898	2.  In the event of a limited covered accident, the
899	authority of the department to protect, defend, and indemnify
900	the freight operator for all liability, cost, and expense,
901	including punitive or exemplary damages, in excess of the
902	deductible or self-insurance retention fund established under
903	paragraph (b) and actually in force at the time of the limited
904	covered accident exists only if the freight operator agrees,
905	with respect to the limited covered accident, to protect,
906	defend, and indemnify the department for the amount of the
907	deductible or self-insurance retention fund established under
908	paragraph (b) and actually in force at the time of the limited
909	covered accident.
910	3.  When only one train is involved in an incident, the
911	department may be solely responsible for any loss, injury, or
912	damage if the train is a department train or other train
913	pursuant to subparagraph 4., but only if when an incident occurs
914	with only a freight train involved, including incidents with
915	trespassers or at grade crossings, the freight rail operator is
916	solely responsible for any loss, injury, or damage, except for
917	commuter rail passengers and rail corridor invitees.
918	4.  For the purposes of this subsection, any train involved
919	in an incident that is neither the department's train nor the
920	freight rail operator's train, hereinafter referred to in this
921	subsection as an "other train," may be treated as a department
922	train, solely for purposes of any allocation of liability
923	between the department and the freight rail operator only, but
924	only if the department and the freight rail operator share
925	responsibility equally as to third parties outside the rail
926	corridor who incur loss, injury, or damage as a result of any
927	incident involving both a department train and a freight rail
928	operator train, and the allocation as between the department and
929	the freight rail operator, regardless of whether the other train
930	is treated as a department train, shall remain one-half each as
931	to third parties outside the rail corridor who incur loss,
932	injury, or damage as a result of the incident. The involvement
933	of any other train shall not alter the sharing of equal
934	responsibility as to third parties outside the rail corridor who
935	incur loss, injury, or damage as a result of the incident.
936	5.  When more than one train is involved in an incident:
937	a.  If only a department train and freight rail operator's
938	train, or only an other train as described in subparagraph 4.
939	and a freight rail operator's train, are involved in an
940	incident, the department may be responsible for its property and
941	all of its people, all commuter rail passengers, and rail
942	corridor invitees, but only if the freight rail operator is
943	responsible for its property and all of its people, and the
944	department and the freight rail operator each share one-half
945	responsibility as to trespassers or third parties outside the
946	rail corridor who incur loss, injury, or damage as a result of
947	the incident.
948	b.  If a department train, a freight rail operator train,
949	and any other train are involved in an incident, the allocation
950	of liability between the department and the freight rail
951	operator, regardless of whether the other train is treated as a
952	department train, shall remain one-half each as to third parties
953	outside the rail corridor who incur loss, injury, or damage as a
954	result of the incident; the involvement of any other train shall
955	not alter the sharing of equal responsibility as to third
956	parties outside the rail corridor who incur loss, injury, or
957	damage as a result of the incident; and, if the owner, operator,
958	or insurer of the other train makes any payment to injured third
959	parties outside the rail corridor who incur loss, injury, or
960	damage as a result of the incident, the allocation of credit
961	between the department and the freight rail operator as to such
962	payment shall not in any case reduce the freight rail operator's
963	third-party-sharing allocation of one-half under this paragraph
964	to less than one-third of the total third party liability.
965	6.  Any such contractual duty to protect, defend,
966	indemnify, and hold harmless such a freight rail operator shall
967	expressly include a specific cap on the amount of the
968	contractual duty, which amount shall not exceed $200 million
969	without prior legislative approval, and the department to
970	purchase liability insurance and establish a self-insurance
971	retention fund in the amount of the specific cap established
972	under this subparagraph, provided that:
973	a.  No such contractual duty shall in any case be effective
974	nor otherwise extend the department's liability in scope and
975	effect beyond the contractual liability insurance and self-
976	insurance retention fund required pursuant to this paragraph;
977	and
978	b.  The freight rail operator's compensation to the
979	department for future use of the department's rail corridor
980	shall include a monetary contribution to the cost of such
981	liability coverage for the sole benefit of the freight rail
982	operator.
983
984	Neither the assumption by contract to protect, defend,
985	indemnify, and hold harmless; the purchase of insurance; nor the
986	establishment of a self-insurance retention fund shall be deemed
987	to be a waiver of any defense of sovereign immunity for torts
988	nor deemed to increase the limits of the department's or the
989	governmental entity's liability for torts as provided in s.
990	768.28. The requirements of s. 287.022(1) shall not apply to the
991	purchase of any insurance under this subsection. The provisions
992	of this subsection shall apply and inure fully as to any other
993	governmental entity providing commuter rail service and
994	constructing, operating, maintaining, or managing a rail
995	corridor on publicly owned right-of-way under contract by the
996	governmental entity with the department or a governmental entity
997	designated by the department. Notwithstanding any law to the
998	contrary, procurement for the construction, operation,
999	maintenance, and management of any rail corridor described in
1000	this subsection, whether by the department, a governmental
1001	entity under contract with the department, or a governmental
1002	entity designated by the department, shall be pursuant to s.
1003	287.057 and shall include, but not be limited to, criteria for
1004	the consideration of qualifications, technical aspects of the
1005	proposal, and price. Further, any such contract for design-build
1006	shall be procured pursuant to the criteria in s. 337.11(7).
1007	Reviser's note.-Amended to confirm insertion of the
1008	word "and" by the editors.
1009	Section 23.  Subsection (6) of section 369.317, Florida
1010	Statutes, is reenacted to read:
1011	369.317  Wekiva Parkway.-
1012	(6)  The Orlando-Orange County Expressway Authority is
1013	hereby granted the authority to act as a third-party acquisition
1014	agent, pursuant to s. 259.041 on behalf of the Board of Trustees
1015	or chapter 373 on behalf of the governing board of the St. Johns
1016	River Water Management District, for the acquisition of all
1017	necessary lands, property and all interests in property
1018	identified herein, including fee simple or less-than-fee simple
1019	interests. The lands subject to this authority are identified in
1020	paragraph 10.a., State of Florida, Office of the Governor,
1021	Executive Order 03-112 of July 1, 2003, and in Recommendation 16
1022	of the Wekiva Basin Area Task Force created by Executive Order
1023	2002-259, such lands otherwise known as Neighborhood Lakes, a
1024	1,587+/-acre parcel located in Orange and Lake Counties within
1025	Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
1026	and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
1027	Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
1028	County within Section 37, Township 19 South, Range 28 East; New
1029	Garden Coal; a 1,605+/-acre parcel in Lake County within
1030	Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
1031	East; Pine Plantation, a 617+/-acre tract consisting of eight
1032	individual parcels within the Apopka City limits. The Department
1033	of Transportation, the Department of Environmental Protection,
1034	the St. Johns River Water Management District, and other land
1035	acquisition entities shall participate and cooperate in
1036	providing information and support to the third-party acquisition
1037	agent. The land acquisition process authorized by this paragraph
1038	shall begin no later than December 31, 2004. Acquisition of the
1039	properties identified as Neighborhood Lakes, Pine Plantation,
1040	and New Garden Coal, or approval as a mitigation bank shall be
1041	concluded no later than December 31, 2010. Department of
1042	Transportation and Orlando-Orange County Expressway Authority
1043	funds expended to purchase an interest in those lands identified
1044	in this subsection shall be eligible as environmental mitigation
1045	for road construction related impacts in the Wekiva Study Area.
1046	If any of the lands identified in this subsection are used as
1047	environmental mitigation for road-construction-related impacts
1048	incurred by the Department of Transportation or Orlando-Orange
1049	County Expressway Authority, or for other impacts incurred by
1050	other entities, within the Wekiva Study Area or within the
1051	Wekiva parkway alignment corridor, and if the mitigation offsets
1052	these impacts, the St. Johns River Water Management District and
1053	the Department of Environmental Protection shall consider the
1054	activity regulated under part IV of chapter 373 to meet the
1055	cumulative impact requirements of s. 373.414(8)(a).
1056	(a)  Acquisition of the land described in this section is
1057	required to provide right of way for the Wekiva Parkway, a
1058	limited access roadway linking State Road 429 to Interstate 4,
1059	an essential component in meeting regional transportation needs
1060	to provide regional connectivity, improve safety, accommodate
1061	projected population and economic growth, and satisfy critical
1062	transportation requirements caused by increased traffic volume
1063	growth and travel demands.
1064	(b)  Acquisition of the lands described in this section is
1065	also required to protect the surface water and groundwater
1066	resources of Lake, Orange, and Seminole counties, otherwise
1067	known as the Wekiva Study Area, including recharge within the
1068	springshed that provides for the Wekiva River system. Protection
1069	of this area is crucial to the long term viability of the Wekiva
1070	River and springs and the central Florida region's water supply.
1071	Acquisition of the lands described in this section is also
1072	necessary to alleviate pressure from growth and development
1073	affecting the surface and groundwater resources within the
1074	recharge area.
1075	(c)  Lands acquired pursuant to this section that are
1076	needed for transportation facilities for the Wekiva Parkway
1077	shall be determined not necessary for conservation purposes
1078	pursuant to ss. 253.034(6) and 373.089(5) and shall be
1079	transferred to or retained by the Orlando-Orange County
1080	Expressway Authority or the Department of Transportation upon
1081	reimbursement of the full purchase price and acquisition costs.
1082	Reviser's note.-Section 44, ch. 2010-205, Laws of
1083	Florida, and s. 35, ch. 2010-225, Laws of Florida,
1084	amended subsection (6) without publishing paragraphs
1085	(a)-(c). Absent affirmative evidence of legislative
1086	intent to repeal paragraphs (a)-(c), subsection (6) is
1087	reenacted to confirm the omission was not intended.
1088	Section 24.  Paragraph (e) of subsection (7) of section
1089	373.036, Florida Statutes, is amended to read:
1090	373.036  Florida water plan; district water management
1091	plans.-
1092	(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.-
1093	(e)  In addition to the elements specified in paragraph
1094	(b), the South Florida Water Management District shall include
1095	in the consolidated annual report the following elements:
1096	1.  The Lake Okeechobee Protection Program annual progress
1097	report required by s. 373.4595(6) 373.4595(3)(g).
1098	2.  The Everglades annual progress reports specified in s.
1099	373.4592(4)(d)5., (13), and (14).
1100	3.  The Everglades restoration annual report required by s.
1101	373.470(7).
1102	4.  The Everglades Forever Act annual implementation report
1103	required by s. 11.80(4).
1104	5.  The Everglades Trust Fund annual expenditure report
1105	required by s. 373.45926(3).
1106	Reviser's note.-Amended to conform to the location of
1107	material requiring annual progress reports in s.
1108	373.4595(6).
1109	Section 25.  Section 376.011, Florida Statutes, is amended
1110	to read:
1111	376.011  Pollutant Discharge Prevention and Control Act;
1112	short title.-Sections 376.011-376.165 376.011-376.17, 376.19-
1113	376.21 shall be known as the "Pollutant Discharge Prevention and
1114	Control Act."
1115	Reviser's note.-Amended to conform to the repeal of s.
1116	376.17 by s. 85, ch. 2010-102, Laws of Florida.
1117	Section 26.  Paragraph (c) of subsection (4) of section
1118	380.0552, Florida Statutes, is amended to read:
1119	380.0552  Florida Keys Area; protection and designation as
1120	area of critical state concern.-
1121	(4)  REMOVAL OF DESIGNATION.-
1122	(c)  After receipt of the state land planning agency report
1123	and recommendation, the Administration Commission shall
1124	determine whether the requirements have been fulfilled and may
1125	remove the designation of the Florida Keys as an area of
1126	critical state concern. If the commission removes the
1127	designation, it shall initiate rulemaking to repeal any rules
1128	relating to such designation within 60 days. If, after receipt
1129	of the state land planning agency's report and recommendation,
1130	the commission finds that the requirements for recommending
1131	removal of designation have not been met, the commission shall
1132	provide a written report to the local governments within 30 days
1133	after making such a finding detailing the tasks that must be
1134	completed by the local government.
1135	Reviser's note.-Amended to confirm insertion of the
1136	word "to" by the editors.
1137	Section 27.  Paragraph (a) of subsection (18) of section
1138	380.503, Florida Statutes, is amended to read:
1139	380.503  Definitions.-As used in ss. 380.501-380.515,
1140	unless the context indicates a different meaning or intent:
1141	(18)  "Working waterfront" means:
1142	(a)  A parcel or parcels of land directly used for the
1143	purposes of the commercial harvest of marine organisms or
1144	saltwater products by state-licensed commercial fishers
1145	fishermen, aquaculturists, or business entities, including
1146	piers, wharves, docks, or other facilities operated to provide
1147	waterfront access to licensed commercial fishers fishermen,
1148	aquaculturists, or business entities; or
1149	Reviser's note.-Amended pursuant to the directive of
1150	the Legislature in s. 1, ch. 93-199, Laws of Florida,
1151	to remove gender-specific references applicable to
1152	human beings from the Florida Statutes without
1153	substantive change in legal effect.
1154	Section 28.  Paragraph (j) of subsection (3) of section
1155	381.0065, Florida Statutes, is amended to read:
1156	381.0065  Onsite sewage treatment and disposal systems;
1157	regulation.-
1158	(3)  DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.-The
1159	department shall:
1160	(j)  Supervise research on, demonstration of, and training
1161	on the performance, environmental impact, and public health
1162	impact of onsite sewage treatment and disposal systems within
1163	this state. Research fees collected under s. 381.0066(2)(l)
1164	381.0066(2)(k) must be used to develop and fund hands-on
1165	training centers designed to provide practical information about
1166	onsite sewage treatment and disposal systems to septic tank
1167	contractors, master septic tank contractors, contractors,
1168	inspectors, engineers, and the public and must also be used to
1169	fund research projects which focus on improvements of onsite
1170	sewage treatment and disposal systems, including use of
1171	performance-based standards and reduction of environmental
1172	impact. Research projects shall be initially approved by the
1173	technical review and advisory panel and shall be applicable to
1174	and reflect the soil conditions specific to Florida. Such
1175	projects shall be awarded through competitive negotiation, using
1176	the procedures provided in s. 287.055, to public or private
1177	entities that have experience in onsite sewage treatment and
1178	disposal systems in Florida and that are principally located in
1179	Florida. Research projects shall not be awarded to firms or
1180	entities that employ or are associated with persons who serve on
1181	either the technical review and advisory panel or the research
1182	review and advisory committee.
1183	Reviser's note.-Amended to conform to the
1184	redesignation of s. 381.0066(2)(k) as s.
1185	381.0066(2)(l) by s. 37, ch. 2010-205, Laws of
1186	Florida.
1187	Section 29.  Paragraphs (a), (b), and (j) of subsection (2)
1188	of section 401.465, Florida Statutes, are amended to read:
1189	401.465  911 public safety telecommunicator certification.-
1190	(2)  PERSONNEL; STANDARDS AND CERTIFICATION.-
1191	(a)  Effective October 1, 2012, any person employed as a
1192	911 public safety telecommunicator at a public safety answering
1193	point, as defined in s. 365.172(3)(a), must be certified by the
1194	department.
1195	(b)  A public safety agency, as defined in s.
1196	365.171(3)(d), may employ a 911 public safety telecommunicator
1197	trainee for a period not to exceed 12 months if the trainee
1198	works under the direct supervision of a certified 911 public
1199	safety telecommunicator, as determined by rule of the
1200	department, and is enrolled in a public safety telecommunication
1201	training program.
1202	(j)  If a person was employed as a 911 public safety
1203	telecommunicator, a sworn state-certified law enforcement
1204	officer, or a state-certified firefighter before April 1, 2012,
1205	he or she must pass the examination administered by the
1206	department which measures the competency and proficiency in the
1207	subject material of the public safety telecommunication program,
1208	as defined in paragraph (1)(c). Upon passage of the examination,
1209	the completion of the public safety telecommunication training
1210	program shall be waived.
1211	Reviser's note.-Amended to confirm insertion of the
1212	word "in" by the editors.
1213	Section 30.  Subsection (4) of section 402.7305, Florida
1214	Statutes, is amended to read:
1215	402.7305  Department of Children and Family Services;
1216	procurement of contractual services; contract management.-
1217	(4)  CONTRACT MONITORING REQUIREMENTS AND PROCESS.-The
1218	department shall establish contract monitoring units staffed by
1219	career service employees who report to a member of the Selected
1220	Exempt Service or Senior Management Service and who have been
1221	properly trained to perform contract monitoring. At least one
1222	member of the contract monitoring unit must possess specific
1223	knowledge and experience in the contract's program area. The
1224	department shall establish a contract monitoring process that
1225	includes, but is not be limited to, the following requirements:
1226	(a)  Performing a risk assessment at the start of each
1227	fiscal year and preparing an annual contract monitoring schedule
1228	that considers the level of risk assigned. The department may
1229	monitor any contract at any time regardless of whether such
1230	monitoring was originally included in the annual contract
1231	monitoring schedule.
1232	(b)  Preparing a contract monitoring plan, including
1233	sampling procedures, before performing onsite monitoring at
1234	external locations of a service provider. The plan must include
1235	a description of the programmatic, fiscal, and administrative
1236	components that will be monitored on site. If appropriate,
1237	clinical and therapeutic components may be included.
1238	(c)  Conducting analyses of the performance and compliance
1239	of an external service provider by means of desk reviews if the
1240	external service provider will not be monitored on site during a
1241	fiscal year.
1242	(d)  Unless the department sets forth in writing the need
1243	for an extension, providing a written report presenting the
1244	results of the monitoring within 30 days after the completion of
1245	the onsite monitoring or desk review.
1246	(e)  Developing and maintaining a set of procedures
1247	describing the contract monitoring process.
1248
1249	Notwithstanding any other provision of this section, the
1250	department shall limit monitoring of a child-caring or child-
1251	placing services provider under this subsection to only once per
1252	year. Such monitoring may not duplicate administrative
1253	monitoring that is included in the survey of a child welfare
1254	provider conducted by a national accreditation organization
1255	specified under s. 402.7306(1).
1256	Reviser's note.-Amended to confirm deletion of the
1257	word "be" by the editors.
1258	Section 31.  Subsection (3) of section 403.7032, Florida
1259	Statutes, is amended to read:
1260	403.7032  Recycling.-
1261	(3)  Each state agency, K-12 public school, public
1262	institution of higher learning, community college, and state
1263	university, including all buildings that are occupied by
1264	municipal, county, or state employees and entities occupying
1265	buildings managed by the Department of Management Services,
1266	must, at a minimum, annually report all recycled materials to
1267	the county using the department's designated reporting format.
1268	Private businesses, other than certified recovered materials
1269	dealers, that recycle paper, metals, glass, plastics, textiles,
1270	rubber materials, and mulch, are encouraged to report the amount
1271	of materials they recycle to the county annually beginning
1272	January 1, 2011, using the department's designated reporting
1273	format. Using the information provided, the department shall
1274	recognize those private businesses that demonstrate outstanding
1275	recycling efforts. Notwithstanding any other provision of state
1276	or county law, private businesses, other than certified
1277	recovered materials dealers, shall not be required to report
1278	recycling rates. Cities with less than a population of 2,500 and
1279	per capita taxable value less than $48,000 and cities with a per
1280	capita taxable value less than $30,000 are exempt from the
1281	reporting requirement specified in this subsection paragraph.
1282	Reviser's note.-Amended to confirm substitution by the
1283	editors of the word "subsection" for the word
1284	"paragraph" to conform to the structure of the text.
1285	Section 32.  Subsection (1) of section 403.891, Florida
1286	Statutes, is amended to read:
1287	403.891  Water Protection and Sustainability Program Trust
1288	Fund of the Department of Environmental Protection.-
1289	(1)  The Water Protection and Sustainability Program Trust
1290	Fund is created within the Department of Environmental
1291	Protection. The purpose of the trust fund is to implement the
1292	Water Protection and Sustainability and Protection Program
1293	created in s. 403.890.
1294	Reviser's note.-Amended to conform to the name of the
1295	program as referenced in s. 403.890.
1296	Section 33.  Paragraph (c) of subsection (5) of section
1297	411.01, Florida Statutes, is amended to read:
1298	411.01  School readiness programs; early learning
1299	coalitions.-
1300	(5)  CREATION OF EARLY LEARNING COALITIONS.-
1301	(c)  Program expectations.-
1302	1.  The school readiness program must meet the following
1303	expectations:
1304	a.  The program must, at a minimum, enhance the age-
1305	appropriate progress of each child in attaining the performance
1306	standards and outcome measures adopted by the Agency for
1307	Workforce Innovation.
1308	b.  The program must provide extended-day and extended-year
1309	services to the maximum extent possible without compromising the
1310	quality of the program to meet the needs of parents who work.
1311	c.  The program must provide a coordinated professional
1312	development system that supports the achievement and maintenance
1313	of core competencies by school readiness instructors in helping
1314	children attain the performance standards and outcome measures
1315	adopted by the Agency for Workforce Innovation.
1316	d.  There must be expanded access to community services and
1317	resources for families to help achieve economic self-
1318	sufficiency.
1319	e.  There must be a single point of entry and unified
1320	waiting list. As used in this sub-subparagraph, the term "single
1321	point of entry" means an integrated information system that
1322	allows a parent to enroll his or her child in the school
1323	readiness program at various locations throughout a county, that
1324	may allow a parent to enroll his or her child by telephone or
1325	through an Internet website, and that uses a unified waiting
1326	list to track eligible children waiting for enrollment in the
1327	school readiness program. The Agency for Workforce Innovation
1328	shall establish through technology a single statewide
1329	information system that each coalition must use for the purposes
1330	of managing the single point of entry, tracking children's
1331	progress, coordinating services among stakeholders, determining
1332	eligibility, tracking child attendance, and streamlining
1333	administrative processes for providers and early learning
1334	coalitions.
1335	f.  The Agency for Workforce Innovation must consider the
1336	access of eligible children to the school readiness program, as
1337	demonstrated in part by waiting lists, before approving a
1338	proposed increase in payment rates submitted by an early
1339	learning coalition. In addition, early learning coalitions shall
1340	use school readiness funds made available due to enrollment
1341	shifts from school readiness programs to the Voluntary
1342	Prekindergarten Education Program for increasing the number of
1343	children served in school readiness programs before increasing
1344	payment rates.
1345	g.  The program must meet all state licensing guidelines,
1346	where applicable.
1347	h.  The program must ensure that minimum standards for
1348	child discipline practices are age-appropriate. Such standards
1349	must provide that children not be subjected to discipline that
1350	is severe, humiliating, or frightening or discipline that is
1351	associated with food, rest, or toileting. Spanking or any other
1352	form of physical punishment is prohibited.
1353	2.  Each early learning coalition must implement a
1354	comprehensive program of school readiness services in accordance
1355	with the rules adopted by the agency which enhance the
1356	cognitive, social, and physical development of children to
1357	achieve the performance standards and outcome measures. At a
1358	minimum, these programs must contain the following system
1359	support service elements:
1360	a.  Developmentally appropriate curriculum designed to
1361	enhance the age-appropriate progress of children in attaining
1362	the performance standards adopted by the Agency for Workforce
1363	Innovation under subparagraph (4)(d)8.
1364	b.  A character development program to develop basic
1365	values.
1366	c.  An age-appropriate screening of each child's
1367	development.
1368	d.  An age-appropriate assessment administered to children
1369	when they enter a program and an age-appropriate assessment
1370	administered to children when they leave the program.
1371	e.  An appropriate staff-to-children ratio, pursuant to s.
1372	402.305(4) or s. 402.302(8) or (9) 402.302(7) or (8), as
1373	applicable, and as verified pursuant to s. 402.311.
1374	f.  A healthy and safe environment pursuant to s.
1375	401.305(5), (6), and (7), as applicable, and as verified
1376	pursuant to s. 402.311.
1377	g.  A resource and referral network established under s.
1378	411.0101 to assist parents in making an informed choice and a
1379	regional Warm-Line under s. 411.01015.
1380
1381	The Agency for Workforce Innovation, the Department of
1382	Education, and early learning coalitions shall coordinate with
1383	the Child Care Services Program Office of the Department of
1384	Children and Family Services to minimize duplicating interagency
1385	activities pertaining to acquiring and composing data for child
1386	care training and credentialing.
1387	Reviser's note.-Amended to conform to the
1388	redesignation of subsections within s. 402.302 by s.
1389	1, ch. 2010-158, Laws of Florida.
1390	Section 34.  Subsection (1) of section 435.03, Florida
1391	Statutes, is amended to read:
1392	435.03  Level 1 screening standards.-
1393	(1)  All employees required by law to be screened pursuant
1394	to this section must undergo background screening as a condition
1395	of employment and continued employment which includes, but need
1396	not be limited to, employment history checks and statewide
1397	criminal correspondence checks through the Department of Law
1398	Enforcement, and a check of the Dru Sjodin National Sex Offender
1399	Public Website, and may include local criminal records checks
1400	through local law enforcement agencies.
1401	Reviser's note.-Amended to confirm insertion of the
1402	word "and" by the editors.
1403	Section 35.  Paragraph (b) of subsection (1) of section
1404	443.091, Florida Statutes, is amended to read:
1405	443.091  Benefit eligibility conditions.-
1406	(1)  An unemployed individual is eligible to receive
1407	benefits for any week only if the Agency for Workforce
1408	Innovation finds that:
1409	(b)  She or he has registered with the agency for work and
1410	subsequently reports to the one-stop career center as directed
1411	by the regional workforce board for reemployment services. This
1412	requirement does not apply to persons who are:
1413	1.  Non-Florida residents;
1414	2.  On a temporary layoff, as defined in s. 443.036(42);
1415	3.  Union members who customarily obtain employment through
1416	though a union hiring hall; or
1417	4.  Claiming benefits under an approved short-time
1418	compensation plan as provided in s. 443.1116.
1419	Reviser's note.-Amended to confirm substitution by the
1420	editors of the word "through" for the word "though" to
1421	conform to context.
1422	Section 36.  Subsection (6) of section 443.131, Florida
1423	Statutes, is amended to read:
1424	443.131  Contributions.-
1425	(6)  INVALIDITY OF CERTAIN PROVISIONS.-If any provision of
1426	this section prevents the state from qualifying for any federal
1427	interest relief provisions provided under s. 1202 of the Social
1428	Security Act, 42 U.S.C. s. 1322, or prevents employers in this
1429	state from qualifying for the limitation on credit reduction as
1430	provided under s. 3302(f) of the Federal Unemployment Tax Act,
1431	chapter 23 of Title 26 U.S.C. s. 3302(f), that provision is
1432	invalid to the extent necessary to maintain qualification for
1433	the interest relief provisions and federal unemployment tax
1434	credits.
1435	Reviser's note.-Amended to conform to the full cite
1436	for the Federal Unemployment Tax Act; the act is
1437	chapter 23 of Title 26 U.S.C.
1438	Section 37.  Subsection (1) of section 443.141, Florida
1439	Statutes, is reenacted to read:
1440	443.141  Collection of contributions and reimbursements.-
1441	(1)  PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
1442	ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.-
1443	(a)  Interest.-Contributions or reimbursements unpaid on
1444	the date due bear interest at the rate of 1 percent per month
1445	from and after that date until payment plus accrued interest is
1446	received by the tax collection service provider, unless the
1447	service provider finds that the employing unit has good reason
1448	for failing to pay the contributions or reimbursements when due.
1449	Interest collected under this subsection must be paid into the
1450	Special Employment Security Administration Trust Fund.
1451	(b)  Penalty for delinquent, erroneous, incomplete, or
1452	insufficient reports.-
1453	1.  An employing unit that fails to file any report
1454	required by the Agency for Workforce Innovation or its tax
1455	collection service provider, in accordance with rules for
1456	administering this chapter, shall pay to the service provider
1457	for each delinquent report the sum of $25 for each 30 days or
1458	fraction thereof that the employing unit is delinquent, unless
1459	the agency or its service provider, whichever required the
1460	report, finds that the employing unit has good reason for
1461	failing to file the report. The agency or its service provider
1462	may assess penalties only through the date of the issuance of
1463	the final assessment notice. However, additional penalties
1464	accrue if the delinquent report is subsequently filed.
1465	2.a.  An employing unit that files an erroneous,
1466	incomplete, or insufficient report with the Agency for Workforce
1467	Innovation or its tax collection service provider shall pay a
1468	penalty. The amount of the penalty is $50 or 10 percent of any
1469	tax due, whichever is greater, but no more than $300 per report.
1470	The penalty shall be added to any tax, penalty, or interest
1471	otherwise due.
1472	b.  The agency or its tax collection service provider shall
1473	waive the penalty if the employing unit files an accurate,
1474	complete, and sufficient report within 30 days after a penalty
1475	notice is issued to the employing unit. The penalty may not be
1476	waived pursuant to this subparagraph more than one time during a
1477	12-month period.
1478	c.  As used in this subsection, the term "erroneous,
1479	incomplete, or insufficient report" means a report so lacking in
1480	information, completeness, or arrangement that the report cannot
1481	be readily understood, verified, or reviewed. Such reports
1482	include, but are not limited to, reports having missing wage or
1483	employee information, missing or incorrect social security
1484	numbers, or illegible entries; reports submitted in a format
1485	that is not approved by the agency or its tax collection service
1486	provider; and reports showing gross wages that do not equal the
1487	total of the wages of each employee. However, the term does not
1488	include a report that merely contains inaccurate data that was
1489	supplied to the employer by the employee, if the employer was
1490	unaware of the inaccuracy.
1491	3.  Penalties imposed pursuant to this paragraph shall be
1492	deposited in the Special Employment Security Administration
1493	Trust Fund.
1494	4.  The penalty and interest for a delinquent, erroneous,
1495	incomplete, or insufficient report may be waived if the penalty
1496	or interest is inequitable. The provisions of s. 213.24(1) apply
1497	to any penalty or interest that is imposed under this section.
1498	(c)  Application of partial payments.-If a delinquency
1499	exists in the employment record of an employer not in
1500	bankruptcy, a partial payment less than the total delinquency
1501	amount shall be applied to the employment record as the payor
1502	directs. In the absence of specific direction, the partial
1503	payment shall be applied to the payor's employment record as
1504	prescribed in the rules of the Agency for Workforce Innovation
1505	or the state agency providing tax collection services.
1506	(d)  Payments for 2010 Contributions.-For an annual
1507	administrative fee not to exceed $5, a contributing employer may
1508	pay its quarterly contributions due for wages paid in the first
1509	three quarters of 2010 in equal installments if those
1510	contributions are paid as follows:
1511	1.  For contributions due for wages paid in the first
1512	quarter of 2010, one-fourth of the contributions due must be
1513	paid on or before April 30, 2010, one-fourth must be paid on or
1514	before July 31, 2010, one-fourth must be paid on or before
1515	October 31, 2010, and the remaining one-fourth must be paid on
1516	or before December 31, 2010.
1517	2.  In addition to the payments specified in subparagraph
1518	1., for contributions due for wages paid in the second quarter
1519	of 2010, one-third of the contributions due must be paid on or
1520	before July 31, 2010, one-third must be paid on or before
1521	October 31, 2010, and the remaining one-third must be paid on or
1522	before December 31, 2010.
1523	3.  In addition to the payments specified in subparagraphs
1524	1. and 2., for contributions due for wages paid in the third
1525	quarter of 2010, one-half of the contributions due must be paid
1526	on or before October 31, 2010, and the remaining one-half must
1527	be paid on or before December 31, 2010.
1528	4.  The annual administrative fee not to exceed $5 for the
1529	election to pay under the installment method shall be collected
1530	at the time the employer makes the first installment payment.
1531	The $5 fee shall be segregated from the payment and shall be
1532	deposited in the Operating Trust Fund within the Department of
1533	Revenue.
1534	5.  Interest does not accrue on any contribution that
1535	becomes due for wages paid in the first three quarters of 2010
1536	if the employer pays the contribution in accordance with
1537	subparagraphs 1.-4. Interest and fees continue to accrue on
1538	prior delinquent contributions and commence accruing on all
1539	contributions due for wages paid in the first three quarters of
1540	2010 which are not paid in accordance with subparagraphs 1.-3.
1541	Penalties may be assessed in accordance with this chapter. The
1542	contributions due for wages paid in the fourth quarter of 2010
1543	are not affected by this paragraph and are due and payable in
1544	accordance with this chapter.
1545	(e)  Payments for 2011 Contributions.-For an annual
1546	administrative fee not to exceed $5, a contributing employer may
1547	pay its quarterly contributions due for wages paid in the first
1548	three quarters of 2011 in equal installments if those
1549	contributions are paid as follows:
1550	1.  For contributions due for wages paid in the first
1551	quarter of 2011, one-fourth of the contributions due must be
1552	paid on or before April 30, 2011, one-fourth must be paid on or
1553	before July 31, 2011, one-fourth must be paid on or before
1554	October 31, 2011, and the remaining one-fourth must be paid on
1555	or before December 31, 2011.
1556	2.  In addition to the payments specified in subparagraph
1557	1., for contributions due for wages paid in the second quarter
1558	of 2011, one-third of the contributions due must be paid on or
1559	before July 31, 2011, one-third must be paid on or before
1560	October 31, 2011, and the remaining one-third must be paid on or
1561	before December 31, 2011.
1562	3.  In addition to the payments specified in subparagraphs
1563	1. and 2., for contributions due for wages paid in the third
1564	quarter of 2011, one-half of the contributions due must be paid
1565	on or before October 31, 2011, and the remaining one-half must
1566	be paid on or before December 31, 2011.
1567	4.  The annual administrative fee not to exceed $5 for the
1568	election to pay under the installment method shall be collected
1569	at the time the employer makes the first installment payment.
1570	The $5 fee shall be segregated from the payment and shall be
1571	deposited in the Operating Trust Fund within the Department of
1572	Revenue.
1573	5.  Interest does not accrue on any contribution that
1574	becomes due for wages paid in the first three quarters of 2011
1575	if the employer pays the contribution in accordance with
1576	subparagraphs 1.-4. Interest and fees continue to accrue on
1577	prior delinquent contributions and commence accruing on all
1578	contributions due for wages paid in the first three quarters of
1579	2011 which are not paid in accordance with subparagraphs 1.-3.
1580	Penalties may be assessed in accordance with this chapter. The
1581	contributions due for wages paid in the fourth quarter of 2011
1582	are not affected by this paragraph and are due and payable in
1583	accordance with this chapter.
1584	(f)  Adoption of rules.-The Agency for Workforce Innovation
1585	and the state agency providing unemployment tax collection
1586	services may adopt rules to administer this subsection.
1587	Reviser's note.-Section 10, ch. 2010-90, Laws of
1588	Florida, and s. 20, ch. 2010-138, Laws of Florida,
1589	amended subsection (1) without publishing paragraphs
1590	(d) and (e), which were added to subsection (1) by s.
1591	5, ch. 2010-1, Laws of Florida. Absent affirmative
1592	evidence of legislative intent to repeal paragraphs
1593	(d) and (e), subsection (1) is reenacted to confirm
1594	the omission was not intended.
1595	Section 38.  Subsection (27) of section 479.01, Florida
1596	Statutes, is amended to read:
1597	479.01  Definitions.-As used in this chapter, the term:
1598	(27)  "Urban area" has the same meaning as defined in s.
1599	334.03(32) 334.03(29).
1600	Reviser's note.-Amended to conform to the fact that
1601	the term "urban area" is defined in s. 334.03(32); s.
1602	334.03(29) defines "sufficiency rating."
1603	Section 39.  Subsection (4) of section 494.00331, Florida
1604	Statutes, is amended to read:
1605	494.00331  Loan originator employment.-
1606	(4)  A loan originator that currently has a declaration of
1607	intent to engage solely in loan processing on file with the
1608	office may withdraw his or her declaration of intent to engage
1609	solely in loan processing. The withdrawal of declaration of
1610	intent must be on such form as prescribed by commission rule.
1611	Reviser's note.-Amended to confirm insertion of the
1612	word "be" by the editors.
1613	Section 40.  Subsection (1) of section 497.372, Florida
1614	Statutes, is reenacted to read:
1615	497.372  Funeral directing; conduct constituting practice
1616	of funeral directing.-
1617	(1)  The practice of funeral directing shall be construed
1618	to consist of the following functions, which may be performed
1619	only by a licensed funeral director:
1620	(a)  Selling or offering to sell funeral services,
1621	embalming, cremation, or other services relating to the final
1622	disposition of human remains, including the removal of such
1623	remains from the state, on an at-need basis.
1624	(b)  Planning or arranging, on an at-need basis, the
1625	details of funeral services, embalming, cremation, or other
1626	services relating to the final disposition of human remains,
1627	including the removal of such remains from the state, with the
1628	family or friends of the decedent or any other person
1629	responsible for such services; setting the time of the services;
1630	establishing the type of services to be rendered; acquiring the
1631	services of the clergy; and obtaining vital information for the
1632	filing of death certificates and obtaining of burial transit
1633	permits.
1634	(c)  Making, negotiating, or completing the financial
1635	arrangements for funeral services, embalming, cremation, or
1636	other services relating to the final disposition of human
1637	remains, including the removal of such remains from the state,
1638	on an at-need basis, except that nonlicensed personnel may
1639	assist the funeral director in performing such tasks.
1640	(d)  Directing, being in charge or apparent charge of, or
1641	supervising, directly or indirectly, a visitation or viewing.
1642	Such functions shall not require that a licensed funeral
1643	director be physically present throughout the visitation or
1644	viewing, provided that the funeral director is readily available
1645	by telephone for consultation.
1646	(e)  Directing, being in charge or apparent charge of, or
1647	supervising, directly or indirectly, any funeral service held in
1648	a funeral establishment, cemetery, or elsewhere.
1649	(f)  Directing, being in charge or apparent charge of, or
1650	supervising, directly or indirectly, any memorial service held
1651	prior to or within 72 hours of the burial or cremation, if such
1652	memorial service is sold or arranged by a licensee.
1653	(g)  Using in connection with one's name or employment the
1654	words or terms "funeral director," "funeral establishment,"
1655	"undertaker," "mortician," or any other word, term, title, or
1656	picture, or combination of any of the above, that when
1657	considered in the context in which used would imply that such
1658	person is engaged in the practice of funeral directing or that
1659	such person is holding herself or himself out to the public as
1660	being engaged in the practice of funeral directing; provided,
1661	however, that nothing in this paragraph shall prevent using the
1662	name of any owner, officer, or corporate director of a funeral
1663	establishment, who is not a licensee, in connection with the
1664	name of the funeral establishment with which such individual is
1665	affiliated, so long as such individual's affiliation is properly
1666	specified.
1667	(h)  Managing or supervising the operation of a funeral
1668	establishment, except for administrative matters such as
1669	budgeting, accounting and personnel, maintenance of buildings,
1670	equipment and grounds, and routine clerical and recordkeeping
1671	functions.
1672	Reviser's note.-Section 16, ch. 2010-125, Laws of
1673	Florida, amended s. 497.372 without publishing
1674	paragraphs (d)-(h) of subsection (1). Absent
1675	affirmative evidence of legislative intent to repeal
1676	paragraphs (d)-(h), subsection (1) is reenacted to
1677	confirm the omission was not intended.
1678	Section 41.  Subsection (1) of section 550.334, Florida
1679	Statutes, is amended to read:
1680	550.334  Quarter horse racing; substitutions.-
1681	(1)  The operator of any licensed racetrack is authorized
1682	to lease such track to any quarter horse racing permitholder
1683	located within 35 miles of such track for the conduct of quarter
1684	horse racing under this chapter. However, a quarter horse
1685	facility located in a county where a referendum was conducted to
1686	authorize slot machines pursuant to s. 23, Art. X of the State
1687	Constitution is not subject to the mileage restriction if they
1688	lease from a licensed racetrack located within a county where a
1689	referendum was conducted to authorize slot machines pursuant to
1690	s. 23, Art. X of the State Constitution.
1691	Reviser's note.-Amended to confirm insertion of the
1692	words "was conducted" by the editors to improve
1693	clarity.
1694	Section 42.  Paragraph (c) of subsection (2) of section
1695	550.3345, Florida Statutes, is amended to read:
1696	550.3345  Conversion of quarter horse permit to a limited
1697	thoroughbred permit.-
1698	(2)  Notwithstanding any other provision of law, the holder
1699	of a quarter horse racing permit issued under s. 550.334 may,
1700	within 1 year after the effective date of this section, apply to
1701	the division for a transfer of the quarter horse racing permit
1702	to a not-for-profit corporation formed under state law to serve
1703	the purposes of the state as provided in subsection (1). The
1704	board of directors of the not-for-profit corporation must be
1705	comprised of 11 members, 4 of whom shall be designated by the
1706	applicant, 4 of whom shall be designated by the Florida
1707	Thoroughbred Breeders' Association, and 3 of whom shall be
1708	designated by the other 8 directors, with at least 1 of these 3
1709	members being an authorized representative of another
1710	thoroughbred permitholder in this state. The not-for-profit
1711	corporation shall submit an application to the division for
1712	review and approval of the transfer in accordance with s.
1713	550.054. Upon approval of the transfer by the division, and
1714	notwithstanding any other provision of law to the contrary, the
1715	not-for-profit corporation may, within 1 year after its receipt
1716	of the permit, request that the division convert the quarter
1717	horse racing permit to a permit authorizing the holder to
1718	conduct pari-mutuel wagering meets of thoroughbred racing.
1719	Neither the transfer of the quarter horse racing permit nor its
1720	conversion to a limited thoroughbred permit shall be subject to
1721	the mileage limitation or the ratification election as set forth
1722	under s. 550.054(2) or s. 550.0651. Upon receipt of the request
1723	for such conversion, the division shall timely issue a converted
1724	permit. The converted permit and the not-for-profit corporation
1725	shall be subject to the following requirements:
1726	(c)  After the conversion of the quarter horse racing
1727	permit and the issuance of its initial license to conduct pari-
1728	mutuel wagering meets of thoroughbred racing, the not-for-profit
1729	corporation shall annually apply to the division for a license
1730	pursuant to s. 550.5251 550.5251(2)-(5).
1731	Reviser's note.-Amended to conform to the amendment of
1732	s. 550.5251 by s. 18, ch. 2009-170, Laws of Florida;
1733	the current text of s. 550.5251 comprises material
1734	formerly in subsections (2), (4), and (5).
1735	Section 43.  Subsection (6) of section 553.77, Florida
1736	Statutes, is amended to read:
1737	553.77  Specific powers of the commission.-
1738	(6)  A member of the Florida Building Commission may
1739	abstain from voting in any matter before the commission which
1740	would inure to the commissioner's special private gain or loss,
1741	which the commissioner knows would inure to the special private
1742	gain or loss of any principal by whom he or she is retained or
1743	to the parent organization or subsidiary of a corporate
1744	principal by which he or she is retained, or which he or she
1745	knows would inure to the special private gain or loss of a
1746	relative or business associate of the commissioner. A
1747	commissioner shall abstain from voting under the foregoing
1748	circumstances if the matter is before the commission under ss.
1749	120.569, 120.60, and 120.80. The commissioner shall, before the
1750	vote is taken, publicly state to the assembly the nature of the
1751	commissioner's interest in the matter from which he or she is
1752	abstaining from voting and, within 15 days after the vote
1753	occurs, disclose the nature of his or her other interest as a
1754	public record in a memorandum filed with the person responsible
1755	for recording the minutes of the meeting, who shall incorporate
1756	the memorandum in the minutes.
1757	Reviser's note.-Amended pursuant to the directive of
1758	the Legislature in s. 1, ch. 93-199, Laws of Florida,
1759	to remove gender-specific references applicable to
1760	human beings from the Florida Statutes without
1761	substantive change in legal effect.
1762	Section 44.  Paragraph (a) of subsection (1) of section
1763	624.310, Florida Statutes, is amended to read:
1764	624.310  Enforcement; cease and desist orders; removal of
1765	certain persons; fines.-
1766	(1)  DEFINITIONS.-For the purposes of this section, the
1767	term:
1768	(a)  "Affiliated party" means any person who directs or
1769	participates in the conduct of the affairs of a licensee and who
1770	is:
1771	1.  A director, officer, employee, trustee, committee
1772	member, or controlling stockholder of a licensee or a subsidiary
1773	or service corporation of the licensee, other than a controlling
1774	stockholder which is a holding company, or an agent of a
1775	licensee or a subsidiary or service corporation of the licensee;
1776	2.  A person who has filed or is required to file a
1777	statement or any other information required to be filed under s.
1778	628.461 or s. 628.4615;
1779	3.  A stockholder, other than a stockholder that is a
1780	holding company of the licensee, who participates in the conduct
1781	of the affairs of the licensee;
1782	4.  An independent contractor who:
1783	a.  Renders a written opinion required by the laws of this
1784	state under her or his professional credentials on behalf of the
1785	licensee, which opinion is reasonably relied on by the
1786	department or office in the performance of its duties; or
1787	b.  Affirmatively and knowingly conceals facts, through a
1788	written misrepresentation to the department or office, with
1789	knowledge that such misrepresentation:
1790	(I)  Constitutes a violation of the insurance code or a
1791	lawful rule or order of the department, commission, or office;
1792	and
1793	(II)  Directly and materially endangers the ability of the
1794	licensee to meet its obligations to policyholders.; or
1795
1796	For the purposes of this subparagraph, any representation of
1797	fact made by an independent contractor on behalf of a licensee,
1798	affirmatively communicated as a representation of the licensee
1799	to the independent contractor, shall not be considered a
1800	misrepresentation by the independent contractor; or
1801	5.  A third-party marketer who aids or abets a licensee in
1802	a violation of the insurance code relating to the sale of an
1803	annuity to a person 65 years of age or older.
1804
1805	For the purposes of this subparagraph, any representation of
1806	fact made by an independent contractor on behalf of a licensee,
1807	affirmatively communicated as a representation of the licensee
1808	to the independent contractor, shall not be considered a
1809	misrepresentation by the independent contractor.
1810	Reviser's note.-Amended to improve clarity. Prior to
1811	the addition of subparagraph 5. by s. 42, ch. 2010-
1812	175, Laws of Florida, the flush left language followed
1813	subparagraph 4. The language in question still
1814	references subject matter relevant to subparagraph 4.,
1815	not subparagraph 5. The reference to "this
1816	subparagraph" in the flush left material was in
1817	existence prior to the addition of subparagraph 5. and
1818	references subparagraph 4.
1819	Section 45.  Subsections (2) and (3) of section 627.4605,
1820	Florida Statutes, are amended to read:
1821	627.4605  Replacement notice.-A notice to a current insurer
1822	of a replacement of a current life insurance policy is not
1823	required in a transaction involving:
1824	(2)  A current policy or contract that is being replaced by
1825	the same insurer pursuant to a program filed with and approved
1826	by the office; or
1827	(3)  A term conversion privilege that is being exercised
1828	among corporate affiliates.
1829	Reviser's note.-Amended to confirm insertion of the
1830	word "that" by the editors.
1831	Section 46.  Paragraph (a) of subsection (2) of section
1832	627.711, Florida Statutes, is amended to read:
1833	627.711  Notice of premium discounts for hurricane loss
1834	mitigation; uniform mitigation verification inspection form.-
1835	(2)(a)  The Financial Services Commission shall develop by
1836	rule a uniform mitigation verification inspection form that
1837	shall be used by all insurers when submitted by policyholders
1838	for the purpose of factoring discounts for wind insurance. In
1839	developing the form, the commission shall seek input from
1840	insurance, construction, and building code representatives.
1841	Further, the commission shall provide guidance as to the length
1842	of time the inspection results are valid. An insurer shall
1843	accept as valid a uniform mitigation verification form or signed
1844	by the following authorized mitigation inspectors:
1845	1.  A home inspector licensed under s. 468.8314 who has
1846	completed at least 3 hours of hurricane mitigation training
1847	which includes hurricane mitigation techniques and compliance
1848	with the uniform mitigation verification form and completion of
1849	a proficiency exam. Thereafter, home inspectors licensed under
1850	s. 468.8314 must complete at least 2 hours of continuing
1851	education, as part of the existing licensure renewal
1852	requirements each year, related to mitigation inspection and the
1853	uniform mitigation form;
1854	2.  A building code inspector certified under s. 468.607;
1855	3.  A general, building, or residential contractor licensed
1856	under s. 489.111;
1857	4.  A professional engineer licensed under s. 471.015;
1858	5.  A professional architect licensed under s. 481.213; or
1859	6.  Any other individual or entity recognized by the
1860	insurer as possessing the necessary qualifications to properly
1861	complete a uniform mitigation verification form.
1862	Reviser's note.-Amended to confirm deletion of the
1863	word "or" by the editors.
1864	Section 47.  Subsection (7) of section 633.081, Florida
1865	Statutes, is amended to read:
1866	633.081  Inspection of buildings and equipment; orders;
1867	firesafety inspection training requirements; certification;
1868	disciplinary action.-The State Fire Marshal and her or his
1869	agents shall, at any reasonable hour, when the State Fire
1870	Marshal has reasonable cause to believe that a violation of this
1871	chapter or s. 509.215, or a rule promulgated thereunder, or a
1872	minimum firesafety code adopted by a local authority, may exist,
1873	inspect any and all buildings and structures which are subject
1874	to the requirements of this chapter or s. 509.215 and rules
1875	promulgated thereunder. The authority to inspect shall extend to
1876	all equipment, vehicles, and chemicals which are located within
1877	the premises of any such building or structure.
1878	(7)  The Division of State Fire Marshal and the Florida
1879	Building Code Administrators and Inspectors Board, established
1880	pursuant to under s. 468.605, shall enter into a reciprocity
1881	agreement to facilitate joint recognition of continuing
1882	education recertification hours for certificateholders licensed
1883	under s. 468.609 and firesafety inspectors certified under
1884	subsection (2).
1885	Reviser's note.-Amended to confirm deletion of the
1886	word "under" by the editors.
1887	Section 48.  Subsection (4) of section 677.105, Florida
1888	Statutes, is amended to read:
1889	677.105  Reissuance in alternative medium.-
1890	(4)  Upon issuance of an electronic document of title in
1891	substitution for a tangible document of title in is accordance
1892	with subsection (3):
1893	(a)  The tangible document ceases to have any effect or
1894	validity; and
1895	(b)  The person that procured issuance of the electronic
1896	document warrants to all subsequent persons entitled under the
1897	electronic document that the warrantor was a person entitled
1898	under the tangible document when the warrantor surrendered
1899	possession of the tangible document to the issuer.
1900	Reviser's note.-Amended to confirm substitution by the
1901	editors of the word "in" for the word "is" to improve
1902	clarity; the prototype uniform act uses "in."
1903	Section 49.  Subsection (12) of section 718.111, Florida
1904	Statutes, is reenacted to read:
1905	718.111  The association.-
1906	(12)  OFFICIAL RECORDS.-
1907	(a)  From the inception of the association, the association
1908	shall maintain each of the following items, if applicable, which
1909	shall constitute the official records of the association:
1910	1.  A copy of the plans, permits, warranties, and other
1911	items provided by the developer pursuant to s. 718.301(4).
1912	2.  A photocopy of the recorded declaration of condominium
1913	of each condominium operated by the association and of each
1914	amendment to each declaration.
1915	3.  A photocopy of the recorded bylaws of the association
1916	and of each amendment to the bylaws.
1917	4.  A certified copy of the articles of incorporation of
1918	the association, or other documents creating the association,
1919	and of each amendment thereto.
1920	5.  A copy of the current rules of the association.
1921	6.  A book or books which contain the minutes of all
1922	meetings of the association, of the board of administration, and
1923	of unit owners, which minutes must be retained for at least 7
1924	years.
1925	7.  A current roster of all unit owners and their mailing
1926	addresses, unit identifications, voting certifications, and, if
1927	known, telephone numbers. The association shall also maintain
1928	the electronic mailing addresses and the numbers designated by
1929	unit owners for receiving notice sent by electronic transmission
1930	of those unit owners consenting to receive notice by electronic
1931	transmission. The electronic mailing addresses and telephone
1932	numbers must be removed from association records if consent to
1933	receive notice by electronic transmission is revoked. However,
1934	the association is not liable for an erroneous disclosure of the
1935	electronic mail address or the number for receiving electronic
1936	transmission of notices.
1937	8.  All current insurance policies of the association and
1938	condominiums operated by the association.
1939	9.  A current copy of any management agreement, lease, or
1940	other contract to which the association is a party or under
1941	which the association or the unit owners have an obligation or
1942	responsibility.
1943	10.  Bills of sale or transfer for all property owned by
1944	the association.
1945	11.  Accounting records for the association and separate
1946	accounting records for each condominium which the association
1947	operates. All accounting records shall be maintained for at
1948	least 7 years. Any person who knowingly or intentionally defaces
1949	or destroys accounting records required to be created and
1950	maintained by this chapter during the period for which such
1951	records are required to be maintained, or who knowingly or
1952	intentionally fails to create or maintain such records, with the
1953	intent of causing harm to the association or one or more of its
1954	members, is personally subject to a civil penalty pursuant to s.
1955	718.501(1)(d). The accounting records must include, but are not
1956	limited to:
1957	a.  Accurate, itemized, and detailed records of all
1958	receipts and expenditures.
1959	b.  A current account and a monthly, bimonthly, or
1960	quarterly statement of the account for each unit designating the
1961	name of the unit owner, the due date and amount of each
1962	assessment, the amount paid upon the account, and the balance
1963	due.
1964	c.  All audits, reviews, accounting statements, and
1965	financial reports of the association or condominium.
1966	d.  All contracts for work to be performed. Bids for work
1967	to be performed are also considered official records and must be
1968	maintained by the association.
1969	12.  Ballots, sign-in sheets, voting proxies, and all other
1970	papers relating to voting by unit owners, which must be
1971	maintained for 1 year from the date of the election, vote, or
1972	meeting to which the document relates, notwithstanding paragraph
1973	(b).
1974	13.  All rental records if the association is acting as
1975	agent for the rental of condominium units.
1976	14.  A copy of the current question and answer sheet as
1977	described in s. 718.504.
1978	15.  All other records of the association not specifically
1979	included in the foregoing which are related to the operation of
1980	the association.
1981	16.  A copy of the inspection report as provided in s.
1982	718.301(4)(p).
1983	(b)  The official records of the association must be
1984	maintained within the state for at least 7 years. The records of
1985	the association shall be made available to a unit owner within
1986	45 miles of the condominium property or within the county in
1987	which the condominium property is located within 5 working days
1988	after receipt of a written request by the board or its designee.
1989	However, such distance requirement does not apply to an
1990	association governing a timeshare condominium. This paragraph
1991	may be complied with by having a copy of the official records of
1992	the association available for inspection or copying on the
1993	condominium property or association property, or the association
1994	may offer the option of making the records available to a unit
1995	owner electronically via the Internet or by allowing the records
1996	to be viewed in electronic format on a computer screen and
1997	printed upon request. The association is not responsible for the
1998	use or misuse of the information provided to an association
1999	member or his or her authorized representative pursuant to the
2000	compliance requirements of this chapter unless the association
2001	has an affirmative duty not to disclose such information
2002	pursuant to this chapter.
2003	(c)  The official records of the association are open to
2004	inspection by any association member or the authorized
2005	representative of such member at all reasonable times. The right
2006	to inspect the records includes the right to make or obtain
2007	copies, at the reasonable expense, if any, of the member. The
2008	association may adopt reasonable rules regarding the frequency,
2009	time, location, notice, and manner of record inspections and
2010	copying. The failure of an association to provide the records
2011	within 10 working days after receipt of a written request
2012	creates a rebuttable presumption that the association willfully
2013	failed to comply with this paragraph. A unit owner who is denied
2014	access to official records is entitled to the actual damages or
2015	minimum damages for the association's willful failure to comply.
2016	Minimum damages shall be $50 per calendar day up to 10 days, the
2017	calculation to begin on the 11th working day after receipt of
2018	the written request. The failure to permit inspection of the
2019	association records as provided herein entitles any person
2020	prevailing in an enforcement action to recover reasonable
2021	attorney's fees from the person in control of the records who,
2022	directly or indirectly, knowingly denied access to the records.
2023	Any person who knowingly or intentionally defaces or destroys
2024	accounting records that are required by this chapter to be
2025	maintained during the period for which such records are required
2026	to be maintained, or who knowingly or intentionally fails to
2027	create or maintain accounting records that are required to be
2028	created or maintained, with the intent of causing harm to the
2029	association or one or more of its members, is personally subject
2030	to a civil penalty pursuant to s. 718.501(1)(d). The association
2031	shall maintain an adequate number of copies of the declaration,
2032	articles of incorporation, bylaws, and rules, and all amendments
2033	to each of the foregoing, as well as the question and answer
2034	sheet provided for in s. 718.504 and year-end financial
2035	information required in this section, on the condominium
2036	property to ensure their availability to unit owners and
2037	prospective purchasers, and may charge its actual costs for
2038	preparing and furnishing these documents to those requesting the
2039	documents. Notwithstanding the provisions of this paragraph, the
2040	following records are not accessible to unit owners:
2041	1.  Any record protected by the lawyer-client privilege as
2042	described in s. 90.502; and any record protected by the work-
2043	product privilege, including any record prepared by an
2044	association attorney or prepared at the attorney's express
2045	direction; which reflects a mental impression, conclusion,
2046	litigation strategy, or legal theory of the attorney or the
2047	association, and which was prepared exclusively for civil or
2048	criminal litigation or for adversarial administrative
2049	proceedings, or which was prepared in anticipation of imminent
2050	civil or criminal litigation or imminent adversarial
2051	administrative proceedings until the conclusion of the
2052	litigation or adversarial administrative proceedings.
2053	2.  Information obtained by an association in connection
2054	with the approval of the lease, sale, or other transfer of a
2055	unit.
2056	3.  Personnel records of association employees, including,
2057	but not limited to, disciplinary, payroll, health, and insurance
2058	records.
2059	4.  Medical records of unit owners.
2060	5.  Social security numbers, driver's license numbers,
2061	credit card numbers, e-mail addresses, telephone numbers,
2062	emergency contact information, any addresses of a unit owner
2063	other than as provided to fulfill the association's notice
2064	requirements, and other personal identifying information of any
2065	person, excluding the person's name, unit designation, mailing
2066	address, and property address.
2067	6.  Any electronic security measure that is used by the
2068	association to safeguard data, including passwords.
2069	7.  The software and operating system used by the
2070	association which allows manipulation of data, even if the owner
2071	owns a copy of the same software used by the association. The
2072	data is part of the official records of the association.
2073	(d)  The association shall prepare a question and answer
2074	sheet as described in s. 718.504, and shall update it annually.
2075	(e)1.  The association or its authorized agent is not
2076	required to provide a prospective purchaser or lienholder with
2077	information about the condominium or the association other than
2078	information or documents required by this chapter to be made
2079	available or disclosed. The association or its authorized agent
2080	may charge a reasonable fee to the prospective purchaser,
2081	lienholder, or the current unit owner for providing good faith
2082	responses to requests for information by or on behalf of a
2083	prospective purchaser or lienholder, other than that required by
2084	law, if the fee does not exceed $150 plus the reasonable cost of
2085	photocopying and any attorney's fees incurred by the association
2086	in connection with the response.
2087	2.  An association and its authorized agent are not liable
2088	for providing such information in good faith pursuant to a
2089	written request if the person providing the information includes
2090	a written statement in substantially the following form: "The
2091	responses herein are made in good faith and to the best of my
2092	ability as to their accuracy."
2093	Reviser's note.-Section 9, ch. 2010-174, amended
2094	subsection (12) without publishing paragraphs (d) and
2095	(e). Absent affirmative evidence of legislative intent
2096	to repeal paragraphs (d) and (e), subsection (12) is
2097	reenacted to confirm the omission was not intended.
2098	Section 50.  Paragraph (f) of subsection (7) of section
2099	893.055, Florida Statutes, is amended to read:
2100	893.055  Prescription drug monitoring program.-
2101	(7)
2102	(f)  The program manager, upon determining a pattern
2103	consistent with the rules established under paragraph (2)(d)
2104	(2)(c) and having cause to believe a violation of s.
2105	893.13(7)(a)8., (8)(a), or (8)(b) has occurred, may provide
2106	relevant information to the applicable law enforcement agency.
2107	Reviser's note.-Amended to confirm substitution by the
2108	editors of a reference to paragraph (2)(d) for a
2109	reference to paragraph (2)(c). Paragraph (2)(d)
2110	relates to development of rules; paragraph (2)(c)
2111	relates to notification of an implementation date for
2112	reporting requirements.
2113	Section 51.  Subsection (4) of section 893.0551, Florida
2114	Statutes, is amended to read:
2115	893.0551  Public records exemption for the prescription
2116	drug monitoring program.-
2117	(4)  The department shall disclose such confidential and
2118	exempt information to the applicable law enforcement agency in
2119	accordance with s. 893.055(7)(f) 893.055(7)(b)2. The law
2120	enforcement agency may disclose the confidential and exempt
2121	information received from the department to a criminal justice
2122	agency as defined in s. 119.011 as part of an active
2123	investigation that is specific to a violation of s.
2124	893.13(7)(a)8., s. 893.13(8)(a), or s. 893.13(8)(b).
2125	Reviser's note.-Amended to confirm substitution by the
2126	editors of a reference to s. 893.055(7)(f) for a
2127	reference to s. 893.055(7)(b)2., which does not exist;
2128	paragraph (7)(f) relates to provision of information
2129	to law enforcement agencies.
2130	Section 52.  Paragraph (d) of subsection (7) of section
2131	1002.69, Florida Statutes, is amended to read:
2132	1002.69  Statewide kindergarten screening; kindergarten
2133	readiness rates.-
2134	(7)
2135	(d)  A good cause exemption may not be granted to any
2136	private prekindergarten provider that has any class I violations
2137	or two or more class II violations within the 2 years preceding
2138	the provider's or school's request for the exemption. For
2139	purposes of this paragraph, class I and class II violations have
2140	the same meaning as provided in s. 402.281(4) 402.281(3).
2141	Reviser's note.-Amended to conform to the
2142	redesignation of s. 402.281(3) as s. 402.281(4) by s.
2143	7, ch. 2010-210, Laws of Florida.
2144	Section 53.  Paragraph (a) of subsection (4) of section
2145	1003.428, Florida Statutes, is amended to read:
2146	1003.428  General requirements for high school graduation;
2147	revised.-
2148	(4)  Each district school board shall establish standards
2149	for graduation from its schools, which must include:
2150	(a)  Successful completion of the academic credit or
2151	curriculum requirements of subsections (1) and (2). For courses
2152	that require statewide, standardized end-of-course assessments
2153	under s. 1008.22(3)(c)2.d. 1008.22(3)(c)2.c., a minimum of 30
2154	percent of a student's course grade shall be comprised of
2155	performance on the statewide, standardized end-of-course
2156	assessment.
2157
2158	Each district school board shall adopt policies designed to
2159	assist students in meeting the requirements of this subsection.
2160	These policies may include, but are not limited to: forgiveness
2161	policies, summer school or before or after school attendance,
2162	special counseling, volunteers or peer tutors, school-sponsored
2163	help sessions, homework hotlines, and study skills classes.
2164	Forgiveness policies for required courses shall be limited to
2165	replacing a grade of "D" or "F," or the equivalent of a grade of
2166	"D" or "F," with a grade of "C" or higher, or the equivalent of
2167	a grade of "C" or higher, earned subsequently in the same or
2168	comparable course. Forgiveness policies for elective courses
2169	shall be limited to replacing a grade of "D" or "F," or the
2170	equivalent of a grade of "D" or "F," with a grade of "C" or
2171	higher, or the equivalent of a grade of "C" or higher, earned
2172	subsequently in another course. The only exception to these
2173	forgiveness policies shall be made for a student in the middle
2174	grades who takes any high school course for high school credit
2175	and earns a grade of "C," "D," or "F" or the equivalent of a
2176	grade of "C," "D," or "F." In such case, the district
2177	forgiveness policy must allow the replacement of the grade with
2178	a grade of "C" or higher, or the equivalent of a grade of "C" or
2179	higher, earned subsequently in the same or comparable course. In
2180	all cases of grade forgiveness, only the new grade shall be used
2181	in the calculation of the student's grade point average. Any
2182	course grade not replaced according to a district school board
2183	forgiveness policy shall be included in the calculation of the
2184	cumulative grade point average required for graduation.
2185	Reviser's note.-Amended to conform to the
2186	redesignation of subunits in s. 1008.22 as a result of
2187	compilation of changes by s. 8, ch. 2010-22, Laws of
2188	Florida, and s. 4, ch. 2010-48, Laws of Florida.
2189	Section 54.  Subsection (5) of section 1003.429, Florida
2190	Statutes, is amended to read:
2191	1003.429  Accelerated high school graduation options.-
2192	(5)  District school boards may not establish requirements
2193	for accelerated 3-year high school graduation options in excess
2194	of the requirements in paragraphs (1)(b) and (c). For courses
2195	that require statewide, standardized end-of-course assessments
2196	under s. 1008.22(3)(c)2.d. 1008.22(3)(c)2.c., a minimum of 30
2197	percent of a student's course grade shall be comprised of
2198	performance on the statewide, standardized end-of-course
2199	assessment.
2200	Reviser's note.-Amended to conform to the
2201	redesignation of subunits in s. 1008.22 as a result of
2202	compilation of changes by s. 8, ch. 2010-22, Laws of
2203	Florida, and s. 4, ch. 2010-48, Laws of Florida.
2204	Section 55.  Paragraphs (b) and (c) of subsection (3) of
2205	section 1008.34, Florida Statutes, are amended to read:
2206	1008.34  School grading system; school report cards;
2207	district grade.-
2208	(3)  DESIGNATION OF SCHOOL GRADES.-
2209	(b)1.  A school's grade shall be based on a combination of:
2210	a.  Student achievement scores, including achievement on
2211	all FCAT assessments administered under s. 1008.22(3)(c)1., end-
2212	of-course assessments administered under s. 1008.22(3)(c)2.a.,
2213	and achievement scores for students seeking a special diploma.
2214	b.  Student learning gains in reading and mathematics as
2215	measured by FCAT and end-of-course assessments, as described in
2216	s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
2217	a special diploma, as measured by an alternate assessment tool,
2218	shall be included not later than the 2009-2010 school year.
2219	c.  Improvement of the lowest 25th percentile of students
2220	in the school in reading and mathematics on the FCAT or end-of-
2221	course assessments described in s. 1008.22(3)(c)2.a., unless
2222	these students are exhibiting satisfactory performance.
2223	2.  Beginning with the 2009-2010 school year for schools
2224	comprised of high school grades 9, 10, 11, and 12, or grades 10,
2225	11, and 12, 50 percent of the school grade shall be based on a
2226	combination of the factors listed in sub-subparagraphs 1.a.-c.
2227	and the remaining 50 percent on the following factors:
2228	a.  The high school graduation rate of the school;
2229	b.  As valid data becomes available, the performance and
2230	participation of the school's students in College Board Advanced
2231	Placement courses, International Baccalaureate courses, dual
2232	enrollment courses, and Advanced International Certificate of
2233	Education courses; and the students' achievement of national
2234	industry certification identified in the Industry Certification
2235	Funding List, pursuant to rules adopted by the State Board of
2236	Education;
2237	c.  Postsecondary readiness of the school's students as
2238	measured by the SAT, ACT, or the common placement test;
2239	d.  The high school graduation rate of at-risk students who
2240	scored at Level 2 or lower on the grade 8 FCAT Reading and
2241	Mathematics examinations;
2242	e.  As valid data becomes available, the performance of the
2243	school's students on statewide standardized end-of-course
2244	assessments administered under s. 1008.22(3)(c)2.c. and d.
2245	1008.22(3)(c)2.b. and c.; and
2246	f.  The growth or decline in the components listed in sub-
2247	subparagraphs a.-e. from year to year.
2248	(c)  Student assessment data used in determining school
2249	grades shall include:
2250	1.  The aggregate scores of all eligible students enrolled
2251	in the school who have been assessed on the FCAT and statewide,
2252	standardized end-of-course assessments in courses required for
2253	high school graduation, including, beginning with the 2010-2011
2254	school year, the end-of-course assessment in Algebra I; and
2255	beginning with the 2011-2012 school year, the end-of-course
2256	assessments in geometry and Biology; and beginning with the
2257	2013-2014 school year, on the statewide, standardized end-of-
2258	course assessment in civics education at the middle school
2259	level.
2260	2.  The aggregate scores of all eligible students enrolled
2261	in the school who have been assessed on the FCAT and end-of-
2262	course assessments as described in s. 1008.22(3)(c)2.a., and who
2263	have scored at or in the lowest 25th percentile of students in
2264	the school in reading and mathematics, unless these students are
2265	exhibiting satisfactory performance.
2266	3.  The achievement scores and learning gains of eligible
2267	students attending alternative schools that provide dropout
2268	prevention and academic intervention services pursuant to s.
2269	1003.53. The term "eligible students" in this subparagraph does
2270	not include students attending an alternative school who are
2271	subject to district school board policies for expulsion for
2272	repeated or serious offenses, who are in dropout retrieval
2273	programs serving students who have officially been designated as
2274	dropouts, or who are in programs operated or contracted by the
2275	Department of Juvenile Justice. The student performance data for
2276	eligible students identified in this subparagraph shall be
2277	included in the calculation of the home school's grade. As used
2278	in this section and s. 1008.341, the term "home school" means
2279	the school to which the student would be assigned if the student
2280	were not assigned to an alternative school. If an alternative
2281	school chooses to be graded under this section, student
2282	performance data for eligible students identified in this
2283	subparagraph shall not be included in the home school's grade
2284	but shall be included only in the calculation of the alternative
2285	school's grade. A school district that fails to assign the FCAT
2286	and end-of-course assessment as described in s.
2287	1008.22(3)(c)2.a. scores of each of its students to his or her
2288	home school or to the alternative school that receives a grade
2289	shall forfeit Florida School Recognition Program funds for 1
2290	fiscal year. School districts must require collaboration between
2291	the home school and the alternative school in order to promote
2292	student success. This collaboration must include an annual
2293	discussion between the principal of the alternative school and
2294	the principal of each student's home school concerning the most
2295	appropriate school assignment of the student.
2296	4.  For schools comprised of high school grades 9, 10, 11,
2297	and 12, or grades 10, 11, and 12, the data listed in
2298	subparagraphs 1.-3. and the following data as the Department of
2299	Education determines such data are valid and available:
2300	a.  The high school graduation rate of the school as
2301	calculated by the Department of Education;
2302	b.  The participation rate of all eligible students
2303	enrolled in the school and enrolled in College Board Advanced
2304	Placement courses; International Baccalaureate courses; dual
2305	enrollment courses; Advanced International Certificate of
2306	Education courses; and courses or sequence of courses leading to
2307	national industry certification identified in the Industry
2308	Certification Funding List, pursuant to rules adopted by the
2309	State Board of Education;
2310	c.  The aggregate scores of all eligible students enrolled
2311	in the school in College Board Advanced Placement courses,
2312	International Baccalaureate courses, and Advanced International
2313	Certificate of Education courses;
2314	d.  Earning of college credit by all eligible students
2315	enrolled in the school in dual enrollment programs under s.
2316	1007.271;
2317	e.  Earning of a national industry certification identified
2318	in the Industry Certification Funding List, pursuant to rules
2319	adopted by the State Board of Education;
2320	f.  The aggregate scores of all eligible students enrolled
2321	in the school in reading, mathematics, and other subjects as
2322	measured by the SAT, the ACT, and the common placement test for
2323	postsecondary readiness;
2324	g.  The high school graduation rate of all eligible at-risk
2325	students enrolled in the school who scored at Level 2 or lower
2326	on the grade 8 FCAT Reading and Mathematics examinations;
2327	h.  The performance of the school's students on statewide
2328	standardized end-of-course assessments administered under s.
2329	1008.22(3)(c)2.c. and d. 1008.22(3)(c)2.b. and c.; and
2330	i.  The growth or decline in the data components listed in
2331	sub-subparagraphs a.-h. from year to year.
2332
2333	The State Board of Education shall adopt appropriate criteria
2334	for each school grade. The criteria must also give added weight
2335	to student achievement in reading. Schools designated with a
2336	grade of "C," making satisfactory progress, shall be required to
2337	demonstrate that adequate progress has been made by students in
2338	the school who are in the lowest 25th percentile in reading and
2339	mathematics on the FCAT and end-of-course assessments as
2340	described in s. 1008.22(3)(c)2.a., unless these students are
2341	exhibiting satisfactory performance. Beginning with the 2009-
2342	2010 school year for schools comprised of high school grades 9,
2343	10, 11, and 12, or grades 10, 11, and 12, the criteria for
2344	school grades must also give added weight to the graduation rate
2345	of all eligible at-risk students, as defined in this paragraph.
2346	Beginning in the 2009-2010 school year, in order for a high
2347	school to be designated as having a grade of "A," making
2348	excellent progress, the school must demonstrate that at-risk
2349	students, as defined in this paragraph, in the school are making
2350	adequate progress.
2351	Reviser's note.-Amended to conform to the
2352	redesignation of subunits in s. 1008.22 as a result of
2353	compilation of changes by s. 8, ch. 2010-22, Laws of
2354	Florida, and s. 4, ch. 2010-48, Laws of Florida.
2355	Section 56.  This act shall take effect on the 60th day
2356	after adjournment sine die of the session of the Legislature in
2357	which enacted.

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