HB 7007

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	11.45, 24.113, 25.077, 98.093, 106.011, 106.07,
4	106.0703, 106.08, 106.143, 120.745, 121.021, 121.0515,
5	121.4501, 163.06, 163.3184, 163.3213, 163.3245,
6	163.3248, 189.421, 196.012, 212.096, 213.24, 215.198,
7	215.425, 218.39, 255.21, 260.0142, 287.042, 287.0947,
8	288.106, 288.1226, 288.706, 288.7102, 290.0401,
9	290.0411, 290.042, 290.044, 290.048, 311.09, 311.105,
10	316.302, 373.414, 376.3072, 376.86, 379.2255, 381.026,
11	409.9122, 409.966, 409.972, 409.973, 409.974, 409.975,
12	409.983, 409.984, 409.985, 420.602, 427.012, 440.45,
13	443.036, 443.1216, 468.841, 474.203, 474.2125,
14	493.6402, 499.012, 514.0315, 514.072, 526.207, 538.09,
15	538.25, 553.79, 590.33, 604.50, 627.0628, 627.351,
16	627.3511, 658.48, 667.003, 681.108, 753.03, 766.1065,
17	794.056, 847.0141, 893.055, 893.138, 943.25, 984.03,
18	985.0301, 985.14, 985.441, 1002.33, 1003.498, 1004.41,
19	1007.28, 1010.82, 1011.71, 1011.81, 1013.33, 1013.36,
20	and 1013.51, F.S.; reenacting and amending s.
21	288.1089, F.S.; and reenacting s. 288.980, F.S.,
22	deleting provisions that have expired, have become
23	obsolete, have had their effect, have served their
24	purpose, or have been impliedly repealed or
25	superseded; replacing incorrect cross-references and
26	citations; correcting grammatical, typographical, and
27	like errors; removing inconsistencies, redundancies,
28	and unnecessary repetition in the statutes; improving
29	the clarity of the statutes and facilitating their
30	correct interpretation; and confirming the restoration
31	of provisions unintentionally omitted from
32	republication in the acts of the Legislature during
33	the amendatory process; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Paragraph (i) of subsection (7) of section
38	11.45, Florida Statutes, is amended to read:
39	11.45  Definitions; duties; authorities; reports; rules.-
40	(7)  AUDITOR GENERAL REPORTING REQUIREMENTS.-
41	(i)  Beginning in 2012, the Auditor General shall annually
42	transmit by July 15, to the President of the Senate, the Speaker
43	of the House of Representatives, and the Department of Financial
44	Services, a list of all school districts, charter schools,
45	charter technical career centers, Florida College System
46	institutions, state universities, and water management districts
47	that have failed to comply with the transparency requirements as
48	identified in the audit reports reviewed pursuant to paragraph
49	(b) and those conducted pursuant to subsection (2).
50	Reviser's note.-Amended to confirm editorial insertion
51	of the word "subsection."
52	Section 2.  Subsection (1) of section 24.113, Florida
53	Statutes, is amended to read:
54	24.113  Minority participation.-
55	(1)  It is the intent of the Legislature that the
56	department encourage participation by minority business
57	enterprises as defined in s. 288.703. Accordingly, 15 percent of
58	the retailers shall be minority business enterprises as defined
59	in s. 288.703(3) 288.703(2); however, no more than 35 percent of
60	such retailers shall be owned by the same type of minority
61	person, as defined in s. 288.703(4) 288.703(3). The department
62	is encouraged to meet the minority business enterprise
63	procurement goals set forth in s. 287.09451 in the procurement
64	of commodities, contractual services, construction, and
65	architectural and engineering services. This section shall not
66	preclude or prohibit a minority person from competing for any
67	other retailing or vending agreement awarded by the department.
68	Reviser's note.-Amended to conform to the
69	redesignation of subsections within s. 288.703 by s.
70	172, ch. 2011-142, Laws of Florida.
71	Section 3.  Section 25.077, Florida Statutes, is amended to
72	read:
73	25.077  Negligence case settlements and jury verdicts; case
74	reporting.-Through the state's uniform case reporting system,
75	the clerk of court shall report to the Office of the State
76	Courts Administrator, beginning in 2003, information from each
77	settlement or jury verdict and final judgment in negligence
78	cases as defined in s. 768.81(1)(c) 768.81(4), as the President
79	of the Senate and the Speaker of the House of Representatives
80	deem necessary from time to time. The information shall include,
81	but need not be limited to: the name of each plaintiff and
82	defendant; the verdict; the percentage of fault of each; the
83	amount of economic damages and noneconomic damages awarded to
84	each plaintiff, identifying those damages that are to be paid
85	jointly and severally and by which defendants; and the amount of
86	any punitive damages to be paid by each defendant.
87	Reviser's note.-Amended to conform to the amendment of
88	s. 768.81 by s. 1, ch. 2011-215, Laws of Florida.
89	Former paragraph (4)(a) defining "negligence cases"
90	was stricken by that law section, and a new paragraph
91	(1)(c) defining "negligence action" was added.
92	Section 4.  Paragraph (f) of subsection (2) of section
93	98.093, Florida Statutes, is amended to read:
94	98.093  Duty of officials to furnish information relating
95	to deceased persons, persons adjudicated mentally incapacitated,
96	and persons convicted of a felony.-
97	(2)  To the maximum extent feasible, state and local
98	government agencies shall facilitate provision of information
99	and access to data to the department, including, but not limited
100	to, databases that contain reliable criminal records and records
101	of deceased persons. State and local government agencies that
102	provide such data shall do so without charge if the direct cost
103	incurred by those agencies is not significant.
104	(f)  The Department of Corrections shall identify those
105	persons who have been convicted of a felony and committed to its
106	custody or placed on community supervision. The information must
107	be provided to the department at a time and in a manner that
108	enables the department to identify registered voters who are
109	convicted felons and to meet its obligations under state and
110	federal law.
111	Reviser's note.-Amended to confirm editorial insertion
112	of the word "a."
113	Section 5.  Subsection (3) of section 106.011, Florida
114	Statutes, is amended to read:
115	106.011  Definitions.-As used in this chapter, the
116	following terms have the following meanings unless the context
117	clearly indicates otherwise:
118	(3)  "Contribution" means:
119	(a)  A gift, subscription, conveyance, deposit, loan,
120	payment, or distribution of money or anything of value,
121	including contributions in kind having an attributable monetary
122	value in any form, made for the purpose of influencing the
123	results of an election or making an electioneering
124	communication.
125	(b)  A transfer of funds between political committees,
126	between committees of continuous existence, between
127	electioneering communications organizations, or between any
128	combination of these groups.
129	(c)  The payment, by any person other than a candidate or
130	political committee, of compensation for the personal services
131	of another person which are rendered to a candidate or political
132	committee without charge to the candidate or committee for such
133	services.
134	(d)  The transfer of funds by a campaign treasurer or
135	deputy campaign treasurer between a primary depository and a
136	separate interest-bearing account or certificate of deposit, and
137	the term includes any interest earned on such account or
138	certificate.
139
140	Notwithstanding the foregoing meanings of "contribution," the
141	term may not be construed to include services, including, but
142	not limited to, legal and accounting services, provided without
143	compensation by individuals volunteering a portion or all of
144	their time on behalf of a candidate or political committee or
145	editorial endorsements.
146	Reviser's note.-Amended to confirm editorial insertion
147	of the word "or" to improve clarity.
148	Section 6.  Paragraph (c) of subsection (8) of section
149	106.07, Florida Statutes, is amended to read:
150	106.07  Reports; certification and filing.-
151	(8)
152	(c)  Any candidate or chair of a political committee may
153	appeal or dispute the fine, based upon, but not limited to,
154	unusual circumstances surrounding the failure to file on the
155	designated due date, and may request and shall be entitled to a
156	hearing before the Florida Elections Commission, which shall
157	have the authority to waive the fine in whole or in part. The
158	Florida Elections Commission must consider the mitigating and
159	aggravating circumstances contained in s. 106.265(2) 106.265(1)
160	when determining the amount of a fine, if any, to be waived. Any
161	such request shall be made within 20 days after receipt of the
162	notice of payment due. In such case, the candidate or chair of
163	the political committee shall, within the 20-day period, notify
164	the filing officer in writing of his or her intention to bring
165	the matter before the commission.
166	Reviser's note.-Amended to conform to the amendment of
167	s. 106.265 by s. 72, ch. 2011-40, Laws of Florida,
168	which split former subsection (1) into two
169	subsections; new subsection (2) references mitigating
170	and aggravating circumstances.
171	Section 7.  Paragraph (c) of subsection (7) of section
172	106.0703, Florida Statutes, is amended to read:
173	106.0703  Electioneering communications organizations;
174	reporting requirements; certification and filing; penalties.-
175	(7)
176	(c)  The treasurer of an electioneering communications
177	organization may appeal or dispute the fine, based upon, but not
178	limited to, unusual circumstances surrounding the failure to
179	file on the designated due date, and may request and shall be
180	entitled to a hearing before the Florida Elections Commission,
181	which shall have the authority to waive the fine in whole or in
182	part. The Florida Elections Commission must consider the
183	mitigating and aggravating circumstances contained in s.
184	106.265(2) 106.265(1) when determining the amount of a fine, if
185	any, to be waived. Any such request shall be made within 20 days
186	after receipt of the notice of payment due. In such case, the
187	treasurer of the electioneering communications organization
188	shall, within the 20-day period, notify the filing officer in
189	writing of his or her intention to bring the matter before the
190	commission.
191	Reviser's note.-Amended to conform to the amendment of
192	s. 106.265 by s. 72, ch. 2011-40, Laws of Florida,
193	which split former subsection (1) into two
194	subsections; new subsection (2) references mitigating
195	and aggravating circumstances.
196	Section 8.  Paragraph (b) of subsection (3) of section
197	106.08, Florida Statutes, is amended to read:
198	106.08  Contributions; limitations on.-
199	(3)
200	(b)  Except as otherwise provided in paragraph (c), Any
201	contribution received by a candidate or by the campaign
202	treasurer or a deputy campaign treasurer of a candidate after
203	the date at which the candidate withdraws his or her candidacy,
204	or after the date the candidate is defeated, becomes unopposed,
205	or is elected to office must be returned to the person or
206	committee contributing it and may not be used or expended by or
207	on behalf of the candidate.
208	Reviser's note.-Amended to conform to the repeal of
209	paragraph (c) by s. 62, ch. 2011-40, Laws of Florida.
210	Section 9.  Subsection (2) of section 106.143, Florida
211	Statutes, is amended to read:
212	106.143  Political advertisements circulated prior to
213	election; requirements.-
214	(2)  Political advertisements made as in-kind contributions
215	from a political party must prominently state: "Paid political
216	advertisement paid for by in-kind by... (name of political
217	party).... Approved by ...(name of person, party affiliation,
218	and office sought in the political advertisement)...."
219	Reviser's note.-Amended to confirm editorial deletion
220	of the word "by."
221	Section 10.  Paragraph (g) of subsection (2) and paragraph
222	(i) of subsection (3) of section 120.745, Florida Statutes, are
223	amended to read:
224	120.745  Legislative review of agency rules in effect on or
225	before November 16, 2010.-
226	(2)  ENHANCED BIENNIAL REVIEW.-By December 1, 2011, each
227	agency shall complete an enhanced biennial review of the
228	agency's existing rules, which shall include, but is not limited
229	to:
230	(g)  Identification of each rule for which the agency will
231	be required to prepare a compliance economic review, to include
232	each entire rule that:
233	1.  The agency does not plan to repeal on or before
234	December 31, 2012;
235	2.  Was effective on or before November 16, 2010; and
236	3.  Probably will have any of the economic impacts
237	described in s. 120.541(2)(a), for 5 years beginning on July 1,
238	2011, excluding in such estimation any part or subpart
239	identified for amendment under paragraph (f) (e).
240	(3)  PUBLICATION OF REPORT.-No later than December 1, 2011,
241	each agency shall publish, in the manner provided in subsection
242	(7), a report of the entire enhanced biennial review pursuant to
243	subsection (2), including the results of the review; a complete
244	list of all rules the agency has placed in Group 1 or Group 2;
245	the name, physical address, fax number, and e-mail address for
246	the person the agency has designated to receive all inquiries,
247	public comments, and objections pertaining to the report; and
248	the certification of the agency head pursuant to paragraph
249	(2)(i). The report of results shall summarize certain
250	information required in subsection (2) in a table consisting of
251	the following columns:
252	(i)  Column 9: Section 120.541(2)(a) impacts. Entries
253	should be "NA" if Column 8 is "N" or, if Column 6 is "Y," "NP"
254	for not probable, based on the response required in subparagraph
255	(2)(g)3. (2)(f)3., or "1" or "2," reflecting the group number
256	assigned by the division required in paragraph (2)(h).
257	Reviser's note.-Paragraph (2)(g) is amended to conform
258	to the location of material relating to identification
259	of rules or subparts of rules in paragraph (2)(f) for
260	purposes of amendment; paragraph (2)(e) relates to
261	identification of rules for repeal. Paragraph (3)(i)
262	is amended to conform to the fact that paragraph
263	(2)(f) is not divided into subparagraphs; related
264	material is located at subparagraph (2)(g)3.
265	Section 11.  Subsection (12) of section 121.021, Florida
266	Statutes, is amended to read:
267	121.021  Definitions.-The following words and phrases as
268	used in this chapter have the respective meanings set forth
269	unless a different meaning is plainly required by the context:
270	(12)  "Member" means any officer or employee who is covered
271	or who becomes covered under this system in accordance with this
272	chapter. On and after December 1, 1970, all new members and
273	those members transferring from existing systems shall be
274	divided into the following classes: "Special Risk Class," as
275	provided in s. 121.0515 121.0515(2); "Special Risk
276	Administrative Support Class," as provided in s. 121.0515(8)
277	121.0515(7); "Elected Officers' Class," as provided in s.
278	121.052; "Senior Management Service Class," as provided in s.
279	121.055; and "Regular Class," which consists of all members who
280	are not in the Special Risk Class, Special Risk Administrative
281	Support Class, Elected Officers' Class, or Senior Management
282	Service Class.
283	Reviser's note.-Amended to conform to the addition of
284	a new s. 121.0515(2) by s. 8, ch. 2011-68, Laws of
285	Florida, and the renumbering of existing subsections
286	to conform.
287	Section 12.  Paragraph (k) of subsection (3) of section
288	121.0515, Florida Statutes, is amended to read:
289	121.0515  Special Risk Class.-
290	(3)  CRITERIA.-A member, to be designated as a special risk
291	member, must meet the following criteria:
292	(k)  The member must have already qualified for and be
293	actively participating in special risk membership under
294	paragraph (a), paragraph (b), or paragraph (c), must have
295	suffered a qualifying injury as defined in this paragraph, must
296	not be receiving disability retirement benefits as provided in
297	s. 121.091(4), and must satisfy the requirements of this
298	paragraph.
299	1.  The ability to qualify for the class of membership
300	defined in paragraph (2)(i) (2)(f) occurs when two licensed
301	medical physicians, one of whom is a primary treating physician
302	of the member, certify the existence of the physical injury and
303	medical condition that constitute a qualifying injury as defined
304	in this paragraph and that the member has reached maximum
305	medical improvement after August 1, 2008. The certifications
306	from the licensed medical physicians must include, at a minimum,
307	that the injury to the special risk member has resulted in a
308	physical loss, or loss of use, of at least two of the following:
309	left arm, right arm, left leg, or right leg; and:
310	a.  That this physical loss or loss of use is total and
311	permanent, except in the event that the loss of use is due to a
312	physical injury to the member's brain, in which event the loss
313	of use is permanent with at least 75 percent loss of motor
314	function with respect to each arm or leg affected.
315	b.  That this physical loss or loss of use renders the
316	member physically unable to perform the essential job functions
317	of his or her special risk position.
318	c.  That, notwithstanding this physical loss or loss of
319	use, the individual is able to perform the essential job
320	functions required by the member's new position, as provided in
321	subparagraph 3.
322	d.  That use of artificial limbs is either not possible or
323	does not alter the member's ability to perform the essential job
324	functions of the member's position.
325	e.  That the physical loss or loss of use is a direct
326	result of a physical injury and not a result of any mental,
327	psychological, or emotional injury.
328	2.  For the purposes of this paragraph, "qualifying injury"
329	means an injury sustained in the line of duty, as certified by
330	the member's employing agency, by a special risk member that
331	does not result in total and permanent disability as defined in
332	s. 121.091(4)(b). An injury is a qualifying injury if the injury
333	is a physical injury to the member's physical body resulting in
334	a physical loss, or loss of use, of at least two of the
335	following: left arm, right arm, left leg, or right leg.
336	Notwithstanding any other provision of this section, an injury
337	that would otherwise qualify as a qualifying injury is not
338	considered a qualifying injury if and when the member ceases
339	employment with the employer for whom he or she was providing
340	special risk services on the date the injury occurred.
341	3.  The new position, as described in sub-subparagraph
342	1.c., that is required for qualification as a special risk
343	member under this paragraph is not required to be a position
344	with essential job functions that entitle an individual to
345	special risk membership. Whether a new position as described in
346	sub-subparagraph 1.c. exists and is available to the special
347	risk member is a decision to be made solely by the employer in
348	accordance with its hiring practices and applicable law.
349	4.  This paragraph does not grant or create additional
350	rights for any individual to continued employment or to be hired
351	or rehired by his or her employer that are not already provided
352	within the Florida Statutes, the State Constitution, the
353	Americans with Disabilities Act, if applicable, or any other
354	applicable state or federal law.
355	Reviser's note.-Amended to conform to ss. 6 and 8, ch.
356	2011-68, Laws of Florida, which moved the referenced
357	text from s. 121.021(15)(f) to s. 121.0515(2)(i), not
358	s. 121.0515(2)(f).
359	Section 13.  Paragraph (c) of subsection (15) of section
360	121.4501, Florida Statutes, is amended to read:
361	121.4501  Florida Retirement System Investment Plan.-
362	(15)  STATEMENT OF FIDUCIARY STANDARDS AND
363	RESPONSIBILITIES.-
364	(c)  Subparagraph (8)(b)2. and paragraph (b) incorporate
365	the federal law concept of participant control, established by
366	regulations of the United States Department of Labor under s.
367	404(c) of the Employee Retirement Income Security Act of 1974
368	(ERISA). The purpose of this paragraph is to assist employers
369	and the state board in maintaining compliance with s. 404(c),
370	while avoiding unnecessary costs and eroding member benefits
371	under the investment plan. Pursuant to 29 C.F.R. s. 2550.404c-
372	1(b)(2)(i)(B)(1)(viii), the state board or its designated agents
373	shall deliver to members of the investment plan a copy of the
374	prospectus most recently provided to the plan, and, pursuant to
375	29 C.F.R. s. 2550.404c-1(b)(2)(i)(B)(2)(ii), shall provide such
376	members an opportunity to obtain this information, except that:
377	1.  The requirement to deliver a prospectus shall be
378	satisfied by delivery of a fund profile or summary profile that
379	contains the information that would be included in a summary
380	prospectus as described by Rule 498 under the Securities Act of
381	1933, 17 C.F.R. s. 230.498. If the transaction fees, expense
382	information or other information provided by a mutual fund in
383	the prospectus does not reflect terms negotiated by the state
384	board or its designated agents, the requirement is satisfied by
385	delivery of a separate document described by Rule 498
386	substituting accurate information; and
387	2.  Delivery shall be effected if delivery is through
388	electronic means and the following standards are satisfied:
389	a.  Electronically-delivered documents are prepared and
390	provided consistent with style, format, and content requirements
391	applicable to printed documents;
392	b.  Each member is provided timely and adequate notice of
393	the documents that are to be delivered, and their significance
394	thereof, and of the member's right to obtain a paper copy of
395	such documents free of charge;
396	c.  Members have adequate access to the electronic
397	documents, at locations such as their worksites or public
398	facilities, and have the ability to convert the documents to
399	paper free of charge by the state board, and the board or its
400	designated agents take appropriate and reasonable measures to
401	ensure that the system for furnishing electronic documents
402	results in actual receipt. Members have provided consent to
403	receive information in electronic format, which consent may be
404	revoked; and
405	d.  The state board, or its designated agent, actually
406	provides paper copies of the documents free of charge, upon
407	request.
408	Reviser's note.-Amended to improve clarity.
409	Section 14.  Paragraph (i) of subsection (3) of section
410	163.06, Florida Statutes, is amended to read:
411	163.06  Miami River Commission.-
412	(3)  The policy committee shall have the following powers
413	and duties:
414	(i)  Establish the Miami River working group, appoint
415	members to the group, and organize subcommittees, delegate
416	tasks, and seek counsel council from members of the working
417	group as necessary to carry out the powers and duties listed in
418	this subsection.
419	Reviser's note.-Amended to confirm editorial
420	substitution of the word "counsel" for the word
421	"council."
422	Section 15.  Paragraph (b) of subsection (8) of section
423	163.3184, Florida Statutes, is amended to read:
424	163.3184  Process for adoption of comprehensive plan or
425	plan amendment.-
426	(8)  ADMINISTRATION COMMISSION.-
427	(b)  The commission may specify the sanctions provided in
428	subparagraphs 1. and 2. to which the local government will be
429	subject if it elects to make the amendment effective
430	notwithstanding the determination of noncompliance.
431	1.  The commission may direct state agencies not to provide
432	funds to increase the capacity of roads, bridges, or water and
433	sewer systems within the boundaries of those local governmental
434	entities which have comprehensive plans or plan elements that
435	are determined not to be in compliance. The commission order may
436	also specify that the local government is not eligible for
437	grants administered under the following programs:
438	a.  The Florida Small Cities Community Development Block
439	Grant Program, as authorized by ss. 290.0401-290.048 290.0401-
440	290.049.
441	b.  The Florida Recreation Development Assistance Program,
442	as authorized by chapter 375.
443	c.  Revenue sharing pursuant to ss. 206.60, 210.20, and
444	218.61 and chapter 212, to the extent not pledged to pay back
445	bonds.
446	2.  If the local government is one which is required to
447	include a coastal management element in its comprehensive plan
448	pursuant to s. 163.3177(6)(g), the commission order may also
449	specify that the local government is not eligible for funding
450	pursuant to s. 161.091. The commission order may also specify
451	that the fact that the coastal management element has been
452	determined to be not in compliance shall be a consideration when
453	the department considers permits under s. 161.053 and when the
454	Board of Trustees of the Internal Improvement Trust Fund
455	considers whether to sell, convey any interest in, or lease any
456	sovereignty lands or submerged lands until the element is
457	brought into compliance.
458	3.  The sanctions provided by subparagraphs 1. and 2. do
459	not apply to a local government regarding any plan amendment,
460	except for plan amendments that amend plans that have not been
461	finally determined to be in compliance with this part, and
462	except as provided in this paragraph.
463	Reviser's note.-Amended to conform to the repeal of s.
464	290.049 by s. 44, ch. 2001-89, Laws of Florida, and s.
465	25, ch. 2001-201, Laws of Florida. Section 290.048 is
466	now the last section in the range.
467	Section 16.  Subsection (6) of section 163.3213, Florida
468	Statutes, is amended to read:
469	163.3213  Administrative review of land development
470	regulations.-
471	(6)  If the administrative law judge in his or her order
472	finds the land development regulation to be inconsistent with
473	the local comprehensive plan, the order will be submitted to the
474	Administration Commission. An appeal pursuant to s. 120.68 may
475	not be taken until the Administration Commission acts pursuant
476	to this subsection. The Administration Commission shall hold a
477	hearing no earlier than 30 days or later than 60 days after the
478	administrative law judge renders his or her final order. The
479	sole issue before the Administration Commission shall be the
480	extent to which any of the sanctions described in s.
481	163.3184(8)(a) or (b)1. or 2. 163.3184(11)(a) or (b) shall be
482	applicable to the local government whose land development
483	regulation has been found to be inconsistent with its
484	comprehensive plan. If a land development regulation is not
485	challenged within 12 months, it shall be deemed to be consistent
486	with the adopted local plan.
487	Reviser's note.-Amended to conform to the
488	redesignation of material in s. 163.3184(11)(a) and
489	(b) as s. 163.3184(8)(a) and (b)1. and 2. by s. 17,
490	ch. 2011-139, Laws of Florida.
491	Section 17.  Subsection (9) of section 163.3245, Florida
492	Statutes, is amended to read:
493	163.3245  Sector plans.-
494	(9)  Any owner of property within the planning area of a
495	proposed long-term master plan may withdraw his or her consent
496	to the master plan at any time prior to local government
497	adoption, and the local government shall exclude such parcels
498	from the adopted master plan. Thereafter, the long-term master
499	plan, any detailed specific area plan, and the exemption from
500	development-of-regional-impact review under this section do not
501	apply to the subject parcels. After adoption of a long-term
502	master plan, an owner may withdraw his or her property from the
503	master plan only with the approval of the local government by
504	plan amendment adopted and reviewed pursuant to s. 163.3184.
505	Reviser's note.-Amended pursuant to the directive of
506	the Legislature in s. 1, ch. 93-199, Laws of Florida,
507	to remove gender-specific references applicable to
508	human beings from the Florida Statutes without
509	substantive change in legal effect.
510	Section 18.  Subsection (6) of section 163.3248, Florida
511	Statutes, is amended to read:
512	163.3248  Rural land stewardship areas.-
513	(6)  A receiving area may be designated only pursuant to
514	procedures established in the local government's land
515	development regulations. If receiving area designation requires
516	the approval of the county board of county commissioners, such
517	approval shall be by resolution with a simple majority vote.
518	Before the commencement of development within a stewardship
519	receiving area, a listed species survey must be performed for
520	the area proposed for development. If listed species occur on
521	the receiving area development site, the applicant must
522	coordinate with each appropriate local, state, or federal agency
523	to determine if adequate provisions have been made to protect
524	those species in accordance with applicable regulations. In
525	determining the adequacy of provisions for the protection of
526	listed species and their habitats, the rural land stewardship
527	area shall be considered as a whole, and the potential impacts
528	and protective measures taken within areas to be developed as
529	receiving areas shall be considered in conjunction with and
530	compensated by lands set aside and protective measures taken
531	within the designated sending areas.
532	Reviser's note.-Amended to confirm editorial deletion
533	of the word "county" to eliminate unnecessary
534	repetition.
535	Section 19.  Paragraph (b) of subsection (1) of section
536	189.421, Florida Statutes, is amended to read:
537	189.421  Failure of district to disclose financial
538	reports.-
539	(1)
540	(b)  A special district that is unable to meet the 60-day
541	reporting deadline must provide written notice to the department
542	before the expiration of the deadline stating the reason the
543	special district is unable to comply with the deadline, the
544	steps the special district is taking to prevent the
545	noncompliance from reoccurring, and the estimated date that the
546	special district will file the report with the appropriate
547	agency. The district's written response does not constitute an
548	extension by the department; however, the department shall
549	forward the written response to:
550	1.  If the written response refers to the reports required
551	under s. 218.32 or s. 218.39, the Legislative Auditing Committee
552	for its consideration in determining whether the special
553	district should be subject to further state action in accordance
554	with s. 11.40(2)(b) 11.40(5)(b).
555	2.  If the written response refers to the reports or
556	information requirements listed in s. 189.419(1), the local
557	general-purpose government or governments for their
558	consideration in determining whether the oversight review
559	process set forth in s. 189.428 should be undertaken.
560	3.  If the written response refers to the reports or
561	information required under s. 112.63, the Department of
562	Management Services for its consideration in determining whether
563	the special district should be subject to further state action
564	in accordance with s. 112.63(4)(d)2.
565	Reviser's note.-Amended to conform to the
566	redesignation of s. 11.40(5)(b) as s. 11.40(2)(b) by
567	s. 12, ch. 2011-34, Laws of Florida.
568	Section 20.  Paragraph (a) of subsection (15) of section
569	196.012, Florida Statutes, is amended to read:
570	196.012  Definitions.-For the purpose of this chapter, the
571	following terms are defined as follows, except where the context
572	clearly indicates otherwise:
573	(15)  "New business" means:
574	(a)1.  A business or organization establishing 10 or more
575	new jobs to employ 10 or more full-time employees in this state,
576	paying an average wage for such new jobs that is above the
577	average wage in the area, which principally engages in any one
578	or more of the following operations:
579	a.  Manufactures, processes, compounds, fabricates, or
580	produces for sale items of tangible personal property at a fixed
581	location and which comprises an industrial or manufacturing
582	plant; or
583	b.  Is a target industry business as defined in s.
584	288.106(2)(q) 288.106(2)(t);
585	2.  A business or organization establishing 25 or more new
586	jobs to employ 25 or more full-time employees in this state, the
587	sales factor of which, as defined by s. 220.15(5), for the
588	facility with respect to which it requests an economic
589	development ad valorem tax exemption is less than 0.50 for each
590	year the exemption is claimed; or
591	3.  An office space in this state owned and used by a
592	business or organization newly domiciled in this state; provided
593	such office space houses 50 or more full-time employees of such
594	business or organization; provided that such business or
595	organization office first begins operation on a site clearly
596	separate from any other commercial or industrial operation owned
597	by the same business or organization.
598	Reviser's note.-Amended to conform to the
599	redesignation of s. 288.106(2)(t) as s. 288.106(2)(q)
600	by s. 150, ch. 2011-142, Laws of Florida.
601	Section 21.  Paragraph (g) of subsection (3) of section
602	212.096, Florida Statutes, is amended to read:
603	212.096  Sales, rental, storage, use tax; enterprise zone
604	jobs credit against sales tax.-
605	(3)  In order to claim this credit, an eligible business
606	must file under oath with the governing body or enterprise zone
607	development agency having jurisdiction over the enterprise zone
608	where the business is located, as applicable, a statement which
609	includes:
610	(g)  Whether the business is a small business as defined by
611	s. 288.703(6) 288.703(1).
612	Reviser's note.-Amended to conform to the
613	redesignation of s. 288.703(1) as s. 288.703(6) by s.
614	172, ch. 2011-142, Laws of Florida.
615	Section 22.  Paragraph (d) of subsection (3) of section
616	213.24, Florida Statutes, is amended to read:
617	213.24  Accrual of penalties and interest on deficiencies;
618	deficiency billing costs.-
619	(3)  An administrative collection processing fee shall be
620	imposed to offset payment processing and administrative costs
621	incurred by the state due to late payment of a collection event.
622	(d)  Fees collected pursuant to this subsection shall be
623	distributed each fiscal year as follows:
624	1.  The first $6.2 million collected shall be deposited
625	into the department's Operating Operations Trust Fund.
626	2.  Any amount collected above $6.2 million shall be
627	deposited into the General Revenue Fund.
628	Reviser's note.-Amended to confirm editorial
629	substitution of the word "Operating" for the word
630	"Operations" to conform to the renaming of the trust
631	fund by s. 1, ch. 2011-28, Laws of Florida.
632	Section 23.  Section 215.198, Florida Statutes, is amended
633	to read:
634	215.198  Operating Operations Trust Fund.-
635	(1)  The Operating Operations Trust Fund is created within
636	the Department of Revenue.
637	(2)  The fund is established for use as a depository for
638	funds to be used for program operations funded by program
639	revenues. Funds shall be expended only pursuant to legislative
640	appropriation or an approved amendment to the department's
641	operating budget pursuant to the provisions of chapter 216.
642	Reviser's note.-Amended to confirm editorial
643	substitution of the word "Operating" for the word
644	"Operations" to conform to the renaming of the trust
645	fund by s. 1, ch. 2011-28, Laws of Florida.
646	Section 24.  Paragraph (a) of subsection (4) of section
647	215.425, Florida Statutes, is amended to read:
648	215.425  Extra compensation claims prohibited; bonuses;
649	severance pay.-
650	(4)(a)  On or after July 1, 2011, a unit of government that
651	enters into a contract or employment agreement, or renewal or
652	renegotiation of an existing contract or employment agreement,
653	that contains a provision for severance pay with an officer,
654	agent, employee, or contractor must include the following
655	provisions in the contract:
656	1.  A requirement that severance pay provided may not
657	exceed an amount greater than 20 weeks of compensation.
658	2.  A prohibition of provision of severance pay when the
659	officer, agent, employee, or contractor has been fired for
660	misconduct, as defined in s. 443.036(30) 443.036(29), by the
661	unit of government.
662	Reviser's note.-Amended to conform to the addition of
663	a new subsection (26) and the redesignation of
664	following subsections within s. 443.036 by s. 3, ch.
665	2011-235, Laws of Florida.
666	Section 25.  Paragraph (c) of subsection (8) of section
667	218.39, Florida Statutes, is amended to read:
668	218.39  Annual financial audit reports.-
669	(8)  The Auditor General shall notify the Legislative
670	Auditing Committee of any audit report prepared pursuant to this
671	section which indicates that an audited entity has failed to
672	take full corrective action in response to a recommendation that
673	was included in the two preceding financial audit reports.
674	(c)  If the committee determines that an audited entity has
675	failed to take full corrective action for which there is no
676	justifiable reason for not taking such action, or has failed to
677	comply with committee requests made pursuant to this section,
678	the committee may proceed in accordance with s. 11.40(2)
679	11.40(5).
680	Reviser's note.-Amended to conform to the
681	redesignation of s. 11.40(5) as s. 11.40(2) by s. 12,
682	ch. 2011-34, Laws of Florida.
683	Section 26.  Section 255.21, Florida Statutes, is amended
684	to read:
685	255.21  Special facilities for physically disabled.-Any
686	building or facility intended for use by the general public
687	which, in whole or in part, is constructed or altered or
688	operated as a lessee, by or on behalf of the state or any
689	political subdivision, municipality, or special district thereof
690	or any public administrative board or authority of the state
691	shall, with respect to the altered or newly constructed or
692	leased portion of such building or facility, comply with
693	standards and specifications established by part II V of chapter
694	553.
695	Reviser's note.-Amended to conform to the location of
696	material relating to accessibility by handicapped
697	persons in part II of chapter 553; part V of chapter
698	553 relates to thermal efficiency standards.
699	Section 27.  Subsection (1) of section 260.0142, Florida
700	Statutes, is amended to read:
701	260.0142  Florida Greenways and Trails Council;
702	composition; powers and duties.-
703	(1)  There is created within the department the Florida
704	Greenways and Trails Council which shall advise the department
705	in the execution of the department's powers and duties under
706	this chapter. The council shall be composed of 20 members,
707	consisting of:
708	(a)1.  Five members appointed by the Governor, with two
709	members representing the trail user community, two members
710	representing the greenway user community, and one member
711	representing private landowners.
712	2.(b)  Three members appointed by the President of the
713	Senate, with one member representing the trail user community
714	and two members representing the greenway user community.
715	3.(c)  Three members appointed by the Speaker of the House
716	of Representatives, with two members representing the trail user
717	community and one member representing the greenway user
718	community.
719
720	Those eligible to represent the trail user community shall be
721	chosen from, but not be limited to, paved trail users, hikers,
722	off-road bicyclists, users of off-highway vehicles, paddlers,
723	equestrians, disabled outdoor recreational users, and commercial
724	recreational interests. Those eligible to represent the greenway
725	user community shall be chosen from, but not be limited to,
726	conservation organizations, nature study organizations, and
727	scientists and university experts.
728	(b)(d)  The 9 remaining members shall include:
729	1.  The Secretary of Environmental Protection or a
730	designee.
731	2.  The executive director of the Fish and Wildlife
732	Conservation Commission or a designee.
733	3.  The Secretary of Transportation or a designee.
734	4.  The Director of the Division of Forestry of the
735	Department of Agriculture and Consumer Services or a designee.
736	5.  The director of the Division of Historical Resources of
737	the Department of State or a designee.
738	6.  A representative of the water management districts.
739	Membership on the council shall rotate among the five districts.
740	The districts shall determine the order of rotation.
741	7.  A representative of a federal land management agency.
742	The Secretary of Environmental Protection shall identify the
743	appropriate federal agency and request designation of a
744	representative from the agency to serve on the council.
745	8.  A representative of the regional planning councils to
746	be appointed by the Secretary of Environmental Protection.
747	Membership on the council shall rotate among the seven regional
748	planning councils. The regional planning councils shall
749	determine the order of rotation.
750	9.  A representative of local governments to be appointed
751	by the Secretary of Environmental Protection. Membership shall
752	alternate between a county representative and a municipal
753	representative.
754	Reviser's note.-Amended to redesignate subunits to
755	conform to Florida Statutes style. The flush left
756	language between what was designated as paragraphs (c)
757	and (d) only goes to material in the first three
758	paragraphs.
759	Section 28.  Paragraph (h) of subsection (3) and paragraph
760	(b) of subsection (4) of section 287.042, Florida Statutes, are
761	amended to read:
762	287.042  Powers, duties, and functions.-The department
763	shall have the following powers, duties, and functions:
764	(3)  To establish a system of coordinated, uniform
765	procurement policies, procedures, and practices to be used by
766	agencies in acquiring commodities and contractual services,
767	which shall include, but not be limited to:
768	(h)  Development of procedures to be used by state agencies
769	when procuring information technology commodities and
770	contractual services that ensure compliance with public records
771	requirements and records retention and archiving requirements.
772	(4)
773	(b)  To prescribe procedures for procuring information
774	technology and information technology consultant services that
775	provide for public announcement and qualification, competitive
776	solicitations, contract award, and prohibition against
777	contingent fees. Such procedures are limited to information
778	technology consultant contracts for which the total project
779	costs, or planning or study activities, are estimated to exceed
780	the threshold amount provided in s. 287.017, for CATEGORY TWO.
781	Reviser's note.-Amended to confirm editorial insertion
782	of the word "that" to provide clarity.
783	Section 29.  Subsection (1) of section 287.0947, Florida
784	Statutes, is amended to read:
785	287.0947  Florida Advisory Council on Small and Minority
786	Business Development; creation; membership; duties.-
787	(1)  The Secretary of Management Services may create the
788	Florida Advisory Council on Small and Minority Business
789	Development with the purpose of advising and assisting the
790	secretary in carrying out the secretary's duties with respect to
791	minority businesses and economic and business development. It is
792	the intent of the Legislature that the membership of such
793	council include practitioners, laypersons, financiers, and
794	others with business development experience who can provide
795	invaluable insight and expertise for this state in the
796	diversification of its markets and networking of business
797	opportunities. The council shall initially consist of 19
798	persons, each of whom is or has been actively engaged in small
799	and minority business development, either in private industry,
800	in governmental service, or as a scholar of recognized
801	achievement in the study of such matters. Initially, the council
802	shall consist of members representing all regions of the state
803	and shall include at least one member from each group identified
804	within the definition of "minority person" in s. 288.703(4)
805	288.703(3), considering also gender and nationality subgroups,
806	and shall consist of the following:
807	(a)  Four members consisting of representatives of local
808	and federal small and minority business assistance programs or
809	community development programs.
810	(b)  Eight members composed of representatives of the
811	minority private business sector, including certified minority
812	business enterprises and minority supplier development councils,
813	among whom at least two shall be women and at least four shall
814	be minority persons.
815	(c)  Two representatives of local government, one of whom
816	shall be a representative of a large local government, and one
817	of whom shall be a representative of a small local government.
818	(d)  Two representatives from the banking and insurance
819	industry.
820	(e)  Two members from the private business sector,
821	representing the construction and commodities industries.
822	(f)  A member from the board of directors of Enterprise
823	Florida, Inc.
824
825	A candidate for appointment may be considered if eligible to be
826	certified as an owner of a minority business enterprise, or if
827	otherwise qualified under the criteria above. Vacancies may be
828	filled by appointment of the secretary, in the manner of the
829	original appointment.
830	Reviser's note.-Amended to conform to the
831	redesignation of s. 288.703(3) as s. 288.703(4) by s.
832	172, ch. 2011-142, Laws of Florida.
833	Section 30.  Paragraph (f) of subsection (4) of section
834	288.106, Florida Statutes, is amended to read:
835	288.106  Tax refund program for qualified target industry
836	businesses.-
837	(4)  APPLICATION AND APPROVAL PROCESS.-
838	(f)  Effective July 1, 2011, notwithstanding paragraph
839	(2)(j) (2)(k), the office may reduce the local financial support
840	requirements of this section by one-half for a qualified target
841	industry business located in Bay County, Escambia County,
842	Franklin County, Gadsden County, Gulf County, Jefferson County,
843	Leon County, Okaloosa County, Santa Rosa County, Wakulla County,
844	or Walton County, if the office determines that such reduction
845	of the local financial support requirements is in the best
846	interest of the state and facilitates economic development,
847	growth, or new employment opportunities in such county. This
848	paragraph expires June 30, 2014.
849	Reviser's note.-Amended to conform to the
850	redesignation of paragraph (2)(k) as paragraph (2)(j)
851	by s. 150, ch. 2011-142, Laws of Florida.
852	Section 31.  Paragraph (e) of subsection (2) of section
853	288.1089, Florida Statutes, is reenacted and amended to read:
854	288.1089  Innovation Incentive Program.-
855	(2)  As used in this section, the term:
856	(d)  (e) "Cumulative investment" means cumulative capital
857	investment and all eligible capital costs, as defined in s.
858	220.191.
859	Reviser's note.-Section 155, ch. 2011-142, purported
860	to amend paragraphs (2)(b), (d), (e), (f), and (o),
861	but did not publish paragraph (e). To conform to the
862	deletion of former paragraph (2)(d) by s. 155, ch.
863	2011-142, Laws of Florida, paragraph (2)(e) was
864	redesignated as paragraph (2)(d) by the editors.
865	Absent affirmative evidence of legislative intent to
866	repeal it, the paragraph is reenacted and amended as
867	paragraph (2)(d), to confirm the omission was not
868	intended.
869	Section 32.  Subsection (6) of section 288.1226, Florida
870	Statutes, is amended to read:
871	288.1226  Florida Tourism Industry Marketing Corporation;
872	use of property; board of directors; duties; audit.-
873	(6)  ANNUAL AUDIT.-The corporation shall provide for an
874	annual financial audit in accordance with s. 215.981. The annual
875	audit report shall be submitted to the Auditor General; the
876	Office of Program Policy Analysis and Government Accountability;
877	Enterprise Florida, Inc.; and the department for review. The
878	Office of Program Policy Analysis and Government Accountability;
879	Enterprise Florida, Inc.; the department; and the Auditor
880	General have the authority to require and receive from the
881	corporation or from its independent auditor any detail or
882	supplemental data relative to the operation of the corporation.
883	The department shall annually certify whether the corporation is
884	operating in a manner and achieving the objectives that are
885	consistent with the policies and goals of Enterprise Florida,
886	Inc., and its long-range marketing plan. The identity of a donor
887	or prospective donor to the corporation who desires to remain
888	anonymous and all information identifying such donor or
889	prospective donor are confidential and exempt from the
890	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
891	Constitution. Such anonymity shall be maintained in the
892	auditor's report.
893	Reviser's note.-Amended to confirm editorial insertion
894	of the word "Program" to conform to the complete name
895	of the office.
896	Section 33.  Subsection (2) of section 288.706, Florida
897	Statutes, is amended to read:
898	288.706  Florida Minority Business Loan Mobilization
899	Program.-
900	(2)  The Florida Minority Business Loan Mobilization
901	Program is created to promote the development of minority
902	business enterprises, as defined in s. 288.703(3) 288.703(2),
903	increase the ability of minority business enterprises to compete
904	for state contracts, and sustain the economic growth of minority
905	business enterprises in this state. The goal of the program is
906	to assist minority business enterprises by facilitating working
907	capital loans to minority business enterprises that are vendors
908	on state agency contracts. The Department of Management Services
909	shall administer the program.
910	Reviser's note.-Amended to conform to the
911	redesignation of s. 288.703(2) as s. 288.703(3) by s.
912	172, ch. 2011-142, Laws of Florida.
913	Section 34.  Paragraph (b) of subsection (4) of section
914	288.7102, Florida Statutes, is amended to read:
915	288.7102  Black Business Loan Program.-
916	(4)  To be eligible to receive funds and provide loans,
917	loan guarantees, or investments under this section, a recipient
918	must:
919	(b)  For an existing recipient, annually submit to the
920	department a financial audit performed by an independent
921	certified public accountant account for the most recently
922	completed fiscal year, which audit does not reveal any material
923	weaknesses or instances of material noncompliance.
924	Reviser's note.-Amended to confirm editorial
925	substitution of the word "accountant" for the word
926	"account" to conform to context.
927	Section 35.  Subsection (3) of section 288.980, Florida
928	Statutes, is reenacted to read:
929	288.980  Military base retention; legislative intent;
930	grants program.-
931	(3)  The Florida Economic Reinvestment Initiative is
932	established to respond to the need for this state and defense-
933	dependent communities in this state to develop alternative
934	economic diversification strategies to lessen reliance on
935	national defense dollars in the wake of base closures and
936	reduced federal defense expenditures and the need to formulate
937	specific base reuse plans and identify any specific
938	infrastructure needed to facilitate reuse. The initiative shall
939	consist of the following two distinct grant programs to be
940	administered by the department:
941	(a)  The Florida Defense Planning Grant Program, through
942	which funds shall be used to analyze the extent to which the
943	state is dependent on defense dollars and defense infrastructure
944	and prepare alternative economic development strategies. The
945	state shall work in conjunction with defense-dependent
946	communities in developing strategies and approaches that will
947	help communities make the transition from a defense economy to a
948	nondefense economy. Grant awards may not exceed $250,000 per
949	applicant and shall be available on a competitive basis.
950	(b)  The Florida Defense Implementation Grant Program,
951	through which funds shall be made available to defense-dependent
952	communities to implement the diversification strategies
953	developed pursuant to paragraph (a). Eligible applicants include
954	defense-dependent counties and cities, and local economic
955	development councils located within such communities. Grant
956	awards may not exceed $100,000 per applicant and shall be
957	available on a competitive basis. Awards shall be matched on a
958	one-to-one basis.
959	(c)  The Florida Military Installation Reuse Planning and
960	Marketing Grant Program, through which funds shall be used to
961	help counties, cities, and local economic development councils
962	develop and implement plans for the reuse of closed or realigned
963	military installations, including any necessary infrastructure
964	improvements needed to facilitate reuse and related marketing
965	activities.
966
967	Applications for grants under this subsection must include a
968	coordinated program of work or plan of action delineating how
969	the eligible project will be administered and accomplished,
970	which must include a plan for ensuring close cooperation between
971	civilian and military authorities in the conduct of the funded
972	activities and a plan for public involvement.
973	Reviser's note.-Section 194, ch. 2011-142, Laws of
974	Florida, amended subsection (3) without publishing
975	paragraph (c). Absent affirmative evidence of
976	legislative intent to repeal paragraph (c), subsection
977	(3) is reenacted to confirm the omission was not
978	intended.
979	Section 36.  Section 290.0401, Florida Statutes, is amended
980	to read:
981	290.0401  Florida Small Cities Community Development Block
982	Grant Program Act; short title.-Sections      290.0401-290.048
983	290.0401-290.049 may be cited as the "Florida Small Cities
984	Community Development Block Grant Program Act."
985	Reviser's note.-Amended to conform to the repeal of s.
986	290.049 by s. 44, ch. 2001-89, Laws of Florida, and s.
987	25, ch. 2001-201, Laws of Florida. Section 290.048 is
988	now the last section in the range.
989	Section 37.  Section 290.0411, Florida Statutes, is amended
990	to read:
991	290.0411  Legislative intent and purpose of ss. 290.0401-
992	290.048 290.0401-290.049.-It is the intent of the Legislature to
993	provide the necessary means to develop, preserve, redevelop, and
994	revitalize Florida communities exhibiting signs of decline or
995	distress by enabling local governments to undertake the
996	necessary community development programs. The overall objective
997	is to create viable communities by eliminating slum and blight,
998	fortifying communities in urgent need, providing decent housing
999	and suitable living environments, and expanding economic
1000	opportunities, principally for persons of low or moderate
1001	income. The purpose of ss. 290.0401-290.048 290.0401-290.049 is
1002	to assist local governments in carrying out effective community
1003	development and project planning and design activities to arrest
1004	and reverse community decline and restore community vitality.
1005	Community development and project planning activities to
1006	maintain viable communities, revitalize existing communities,
1007	expand economic development and employment opportunities, and
1008	improve housing conditions and expand housing opportunities,
1009	providing direct benefit to persons of low or moderate income,
1010	are the primary purposes of ss. 290.0401-290.048 290.0401-
1011	290.049. The Legislature, therefore, declares that the
1012	development, redevelopment, preservation, and revitalization of
1013	communities in this state and all the purposes of ss. 290.0401-
1014	290.048 290.0401-290.049 are public purposes for which public
1015	money may be borrowed, expended, loaned, pledged to guarantee
1016	loans, and granted.
1017	Reviser's note.-Amended to conform to the repeal of s.
1018	290.049 by s. 44, ch. 2001-89, Laws of Florida, and s.
1019	25, ch. 2001-201, Laws of Florida. Section 290.048 is
1020	now the last section in the range.
1021	Section 38.  Section 290.042, Florida Statutes, is amended
1022	to read:
1023	290.042  Definitions relating to Florida Small Cities
1024	Community Development Block Grant Program Act.-As used in ss.
1025	290.0401-290.048 290.0401-290.049, the term:
1026	(1)  "Administrative closeout" means the notification of a
1027	grantee by the department that all applicable administrative
1028	actions and all required work of the grant have been completed
1029	with the exception of the final audit.
1030	(2)  "Administrative costs" means the payment of all
1031	reasonable costs of management, coordination, monitoring, and
1032	evaluation, and similar costs and carrying charges, related to
1033	the planning and execution of community development activities
1034	which are funded in whole or in part under the Florida Small
1035	Cities Community Development Block Grant Program. Administrative
1036	costs shall include all costs of administration, including
1037	general administration, planning and urban design, and project
1038	administration costs.
1039	(3)  "Department" means the Department of Economic
1040	Opportunity.
1041	(4)  "Eligible activities" means those community
1042	development activities authorized in s. 105(a) of Title I of the
1043	Housing and Community Development Act of 1974, as amended, and
1044	applicable federal regulations.
1045	(5)  "Eligible local government" means any local government
1046	which qualifies as eligible to participate in the Florida Small
1047	Cities Community Development Block Grant Program in accordance
1048	with s. 102(a)(7) of Title I of the Housing and Community
1049	Development Act of 1974, as amended, and applicable federal
1050	regulations, and any eligibility requirements which may be
1051	imposed by this act or by department rule.
1052	(6)  "Person of low or moderate income" means any person
1053	who meets the definition established by the department in
1054	accordance with the guidelines established in Title I of the
1055	Housing and Community Development Act of 1974, as amended.
1056	(7)  "Service area" means the total geographic area to be
1057	directly or indirectly served by a community development block
1058	grant project where at least 51 percent of the residents are
1059	low-income and moderate-income persons.
1060	Reviser's note.-Amended to conform to the repeal of s.
1061	290.049 by s. 44, ch. 2001-89, Laws of Florida, and s.
1062	25, ch. 2001-201, Laws of Florida. Section 290.048 is
1063	now the last section in the range.
1064	Section 39.  Subsection (1) of section 290.044, Florida
1065	Statutes, is amended to read:
1066	290.044  Florida Small Cities Community Development Block
1067	Grant Program Fund; administration; distribution.-
1068	(1)  The Florida Small Cities Community Development Block
1069	Grant Program Fund is created. All revenue designated for
1070	deposit in such fund shall be deposited by the appropriate
1071	agency. The department shall administer this fund as a grant and
1072	loan guarantee program for carrying out the purposes of ss.
1073	290.0401-290.048 290.0401-290.049.
1074	Reviser's note.-Amended to conform to the repeal of s.
1075	290.049 by s. 44, ch. 2001-89, Laws of Florida, and s.
1076	25, ch. 2001-201, Laws of Florida. Section 290.048 is
1077	now the last section in the range.
1078	Section 40.  Subsections (1), (3), and (4) of section
1079	290.048, Florida Statutes, are amended to read:
1080	290.048  General powers of department under ss. 290.0401-
1081	290.048 290.0401-290.049.-The department has all the powers
1082	necessary or appropriate to carry out the purposes and
1083	provisions of the program, including the power to:
1084	(1)  Make contracts and agreements with the Federal
1085	Government; other agencies of the state; any other public
1086	agency; or any other public person, association, corporation,
1087	local government, or entity in exercising its powers and
1088	performing its duties under ss. 290.0401-290.048 290.0401-
1089	290.049.
1090	(3)  Adopt and enforce rules not inconsistent with ss.
1091	290.0401-290.048 290.0401-290.049 for the administration of the
1092	fund.
1093	(4)  Assist in training employees of local governing
1094	authorities to help achieve and increase their capacity to
1095	administer programs pursuant to ss. 290.0401-290.048 290.0401-
1096	290.049 and provide technical assistance and advice to local
1097	governing authorities involved with these programs.
1098	Reviser's note.-Amended to conform to the repeal of s.
1099	290.049 by s. 44, ch. 2001-89, Laws of Florida, and s.
1100	25, ch. 2001-201, Laws of Florida. Section 290.048 is
1101	now the last section in the range.
1102	Section 41. Subsection (1) of section 311.09, Florida
1103	Statutes, is amended to read:
1104	311.09  Florida Seaport Transportation and Economic
1105	Development Council.-
1106	(1)  The Florida Seaport Transportation and Economic
1107	Development Council is created within the Department of
1108	Transportation. The council consists of the following 17 18
1109	members: the port director, or the port director's designee, of
1110	each of the ports of Jacksonville, Port Canaveral, Port Citrus,
1111	Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
1112	St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
1113	West, and Fernandina; the secretary of the Department of
1114	Transportation or his or her designee; and the director of the
1115	Department of Economic Opportunity or his or her designee.
1116	Reviser's note.-Amended to conform to the deletion of
1117	the secretary of the Department of Community Affairs
1118	from the list of members by s. 227, ch. 2011-142, Laws
1119	of Florida, which changed the number of members on the
1120	council.
1121	Section 42.  Paragraph (b) of subsection (1) of section
1122	311.105, Florida Statutes, is amended to read:
1123	311.105  Florida Seaport Environmental Management
1124	Committee; permitting; mitigation.-
1125	(1)
1126	(b)  The committee shall consist of the following members:
1127	the Secretary of Environmental Protection, or his or her
1128	designee, as an ex officio, nonvoting member; a designee from
1129	the United States Army Corps of Engineers, as an ex officio,
1130	nonvoting member; a designee from the Florida Inland Navigation
1131	District, as an ex officio, nonvoting member; the executive
1132	director of the Department of Economic Opportunity, or his or
1133	her designee, as an ex officio, nonvoting member; and five or
1134	more port directors, as voting members, appointed to the
1135	committee by the council chair, who shall also designate one
1136	such member as committee chair.
1137	Reviser's note.-Amended to confirm editorial insertion
1138	of the words "the Department of" to conform to the
1139	complete name of the department.
1140	Section 43.  Paragraph (c) of subsection (2) of section
1141	316.302, Florida Statutes, is amended to read:
1142	316.302  Commercial motor vehicles; safety regulations;
1143	transporters and shippers of hazardous materials; enforcement.-
1144	(2)
1145	(c)  Except as provided in 49 C.F.R. s. 395.1, a person who
1146	operates a commercial motor vehicle solely in intrastate
1147	commerce not transporting any hazardous material in amounts that
1148	require placarding pursuant to 49 C.F.R. part 172 may not drive
1149	after having been on duty more than 70 hours in any period of 7
1150	consecutive days or more than 80 hours in any period of 8
1151	consecutive days if the motor carrier operates every day of the
1152	week. Thirty-four consecutive hours off duty shall constitute
1153	the end of any such period of 7 or 8 consecutive days. This
1154	weekly limit does not apply to a person who operates a
1155	commercial motor vehicle solely within this state while
1156	transporting, during harvest periods, any unprocessed
1157	agricultural products or unprocessed food or fiber that is
1158	subject to seasonal harvesting from place of harvest to the
1159	first place of processing or storage or from place of harvest
1160	directly to market or while transporting livestock, livestock
1161	feed, or farm supplies directly related to growing or harvesting
1162	agricultural products. Upon request of the Department of Highway
1163	Safety and Motor Vehicles Transportation, motor carriers shall
1164	furnish time records or other written verification to that
1165	department so that the Department of Highway Safety and Motor
1166	Vehicles Transportation can determine compliance with this
1167	subsection. These time records must be furnished to the
1168	Department of Highway Safety and Motor Vehicles Transportation
1169	within 2 days after receipt of that department's request.
1170	Falsification of such information is subject to a civil penalty
1171	not to exceed $100. The provisions of this paragraph do not
1172	apply to drivers of utility service vehicles as defined in 49
1173	C.F.R. s. 395.2.
1174	Reviser's note.-Amended to conform to the transfer of
1175	motor carrier compliance safety regulation from the
1176	Department of Transportation to the Department of
1177	Highway Safety and Motor Vehicles by ch. 2011-66, Laws
1178	of Florida.
1179	Section 44.  Subsection (13) of section 373.414, Florida
1180	Statutes, is amended to read:
1181	373.414  Additional criteria for activities in surface
1182	waters and wetlands.-
1183	(13)  Any declaratory statement issued by the department
1184	under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
1185	as amended, or pursuant to rules adopted thereunder, or by a
1186	water management district under s. 373.421, in response to a
1187	petition filed on or before June 1, 1994, shall continue to be
1188	valid for the duration of such declaratory statement. Any such
1189	petition pending on June 1, 1994, shall be exempt from the
1190	methodology ratified in s. 373.4211, but the rules of the
1191	department or the relevant water management district, as
1192	applicable, in effect prior to the effective date of s.
1193	373.4211, shall apply. Until May 1, 1998, activities within the
1194	boundaries of an area subject to a petition pending on June 1,
1195	1994, and prior to final agency action on such petition, shall
1196	be reviewed under the rules adopted pursuant to ss. 403.91-
1197	403.929, 1984 Supplement to the Florida Statutes 1983, as
1198	amended, and this part, in existence prior to the effective date
1199	of the rules adopted under subsection (9), unless the applicant
1200	elects to have such activities reviewed under the rules adopted
1201	under this part, as amended in accordance with subsection (9).
1202	In the event that a jurisdictional declaratory statement
1203	pursuant to the vegetative index in effect prior to the
1204	effective date of chapter 84-79, Laws of Florida, has been
1205	obtained and is valid prior to the effective date of the rules
1206	adopted under subsection (9) or July 1, 1994, whichever is
1207	later, and the affected lands are part of a project for which a
1208	master development order has been issued pursuant to s.
1209	380.06(21), the declaratory statement shall remain valid for the
1210	duration of the buildout period of the project. Any
1211	jurisdictional determination validated by the department
1212	pursuant to rule 17-301.400(8), Florida Administrative Code, as
1213	it existed in rule 17-4.022, Florida Administrative Code, on
1214	April 1, 1985, shall remain in effect for a period of 5 years
1215	following the effective date of this act if proof of such
1216	validation is submitted to the department prior to January 1,
1217	1995. In the event that a jurisdictional determination has been
1218	revalidated by the department pursuant to this subsection and
1219	the affected lands are part of a project for which a development
1220	order has been issued pursuant to s. 380.06(15), a final
1221	development order to which s. 163.3167(5) 163.3167(8) applies
1222	has been issued, or a vested rights determination has been
1223	issued pursuant to s. 380.06(20), the jurisdictional
1224	determination shall remain valid until the completion of the
1225	project, provided proof of such validation and documentation
1226	establishing that the project meets the requirements of this
1227	sentence are submitted to the department prior to January 1,
1228	1995. Activities proposed within the boundaries of a valid
1229	declaratory statement issued pursuant to a petition submitted to
1230	either the department or the relevant water management district
1231	on or before June 1, 1994, or a revalidated jurisdictional
1232	determination, prior to its expiration shall continue thereafter
1233	to be exempt from the methodology ratified in s. 373.4211 and to
1234	be reviewed under the rules adopted pursuant to ss. 403.91-
1235	403.929, 1984 Supplement to the Florida Statutes 1983, as
1236	amended, and this part, in existence prior to the effective date
1237	of the rules adopted under subsection (9), unless the applicant
1238	elects to have such activities reviewed under the rules adopted
1239	under this part, as amended in accordance with subsection (9).
1240	Reviser's note.-Amended to conform to the renumbering
1241	of subunits within s. 163.3167 by s. 7, ch. 2011-139,
1242	Laws of Florida.
1243	Section 45.  Paragraph (a) of subsection (2) of section
1244	376.3072, Florida Statutes, is amended to read:
1245	376.3072  Florida Petroleum Liability and Restoration
1246	Insurance Program.-
1247	(2)(a)  Any owner or operator of a petroleum storage system
1248	may become an insured in the restoration insurance program at a
1249	facility provided:
1250	1.  A site at which an incident has occurred shall be
1251	eligible for restoration if the insured is a participant in the
1252	third-party liability insurance program or otherwise meets
1253	applicable financial responsibility requirements. After July 1,
1254	1993, the insured must also provide the required excess
1255	insurance coverage or self-insurance for restoration to achieve
1256	the financial responsibility requirements of 40 C.F.R. s.
1257	280.97, subpart H, not covered by paragraph (d).
1258	2.  A site which had a discharge reported prior to January
1259	1, 1989, for which notice was given pursuant to s. 376.3071(9)
1260	or (12), and which is ineligible for the third-party liability
1261	insurance program solely due to that discharge shall be eligible
1262	for participation in the restoration program for any incident
1263	occurring on or after January 1, 1989, in accordance with
1264	subsection (3). Restoration funding for an eligible contaminated
1265	site will be provided without participation in the third-party
1266	liability insurance program until the site is restored as
1267	required by the department or until the department determines
1268	that the site does not require restoration.
1269	3.  Notwithstanding paragraph (b), a site where an
1270	application is filed with the department prior to January 1,
1271	1995, where the owner is a small business under s. 288.703(6)
1272	288.703(1), a state community college with less than 2,500 FTE,
1273	a religious institution as defined by s. 212.08(7)(m), a
1274	charitable institution as defined by s. 212.08(7)(p), or a
1275	county or municipality with a population of less than 50,000,
1276	shall be eligible for up to $400,000 of eligible restoration
1277	costs, less a deductible of $10,000 for small businesses,
1278	eligible community colleges, and religious or charitable
1279	institutions, and $30,000 for eligible counties and
1280	municipalities, provided that:
1281	a.  Except as provided in sub-subparagraph e., the facility
1282	was in compliance with department rules at the time of the
1283	discharge.
1284	b.  The owner or operator has, upon discovery of a
1285	discharge, promptly reported the discharge to the department,
1286	and drained and removed the system from service, if necessary.
1287	c.  The owner or operator has not intentionally caused or
1288	concealed a discharge or disabled leak detection equipment.
1289	d.  The owner or operator proceeds to complete initial
1290	remedial action as defined by department rules.
1291	e.  The owner or operator, if required and if it has not
1292	already done so, applies for third-party liability coverage for
1293	the facility within 30 days of receipt of an eligibility order
1294	issued by the department pursuant to this provision.
1295
1296	However, the department may consider in-kind services from
1297	eligible counties and municipalities in lieu of the $30,000
1298	deductible. The cost of conducting initial remedial action as
1299	defined by department rules shall be an eligible restoration
1300	cost pursuant to this provision.
1301	4.a.  By January 1, 1997, facilities at sites with existing
1302	contamination shall be required to have methods of release
1303	detection to be eligible for restoration insurance coverage for
1304	new discharges subject to department rules for secondary
1305	containment. Annual storage system testing, in conjunction with
1306	inventory control, shall be considered to be a method of release
1307	detection until the later of December 22, 1998, or 10 years
1308	after the date of installation or the last upgrade. Other
1309	methods of release detection for storage tanks which meet such
1310	requirement are:
1311	(I)  Interstitial monitoring of tank and integral piping
1312	secondary containment systems;
1313	(II)  Automatic tank gauging systems; or
1314	(III)  A statistical inventory reconciliation system with a
1315	tank test every 3 years.
1316	b.  For pressurized integral piping systems, the owner or
1317	operator must use:
1318	(I)  An automatic in-line leak detector with flow
1319	restriction meeting the requirements of department rules used in
1320	conjunction with an annual tightness or pressure test; or
1321	(II)  An automatic in-line leak detector with electronic
1322	flow shut-off meeting the requirements of department rules.
1323	c.  For suction integral piping systems, the owner or
1324	operator must use:
1325	(I)  A single check valve installed directly below the
1326	suction pump, provided there are no other valves between the
1327	dispenser and the tank; or
1328	(II)  An annual tightness test or other approved test.
1329	d.  Owners of facilities with existing contamination that
1330	install internal release detection systems in accordance with
1331	sub-subparagraph a. shall permanently close their external
1332	groundwater and vapor monitoring wells in accordance with
1333	department rules by December 31, 1998. Upon installation of the
1334	internal release detection system, these wells shall be secured
1335	and taken out of service until permanent closure.
1336	e.  Facilities with vapor levels of contamination meeting
1337	the requirements of or below the concentrations specified in the
1338	performance standards for release detection methods specified in
1339	department rules may continue to use vapor monitoring wells for
1340	release detection.
1341	f.  The department may approve other methods of release
1342	detection for storage tanks and integral piping which have at
1343	least the same capability to detect a new release as the methods
1344	specified in this subparagraph.
1345	Reviser's note.-Amended to conform to the renumbering
1346	of subunits within s. 288.703 by s. 172, ch. 2011-142,
1347	Laws of Florida.
1348	Section 46.  Subsection (2) of section 376.86, Florida
1349	Statutes, is amended to read:
1350	376.86  Brownfield Areas Loan Guarantee Program.-
1351	(2)  The council shall consist of the secretary of the
1352	Department of Environmental Protection or the secretary's
1353	designee, the State Surgeon General or the State Surgeon
1354	General's designee, the executive director of the State Board of
1355	Administration or the executive director's designee, the
1356	executive director of the Florida Housing Finance Corporation or
1357	the executive director's designee, and the executive director of
1358	the Department of Economic Opportunity or the director's
1359	designee. The executive director of the Department of Economic
1360	Opportunity or the director's designee shall serve as chair of
1361	the council. Staff services for activities of the council shall
1362	be provided as needed by the member agencies.
1363	Reviser's note.-Amended to confirm editorial insertion
1364	of the words "the Department of" to conform to the
1365	complete name of the department.
1366	Section 47.  Section 379.2255, Florida Statutes, is amended
1367	to read:
1368	379.2255  Wildlife Violator Compact Act.-The Wildlife
1369	Violator Compact is created and entered into with all other
1370	jurisdictions legally joining therein in the form substantially
1371	as follows:
1372
1373	ARTICLE I
1374	Findings and Purpose
1375
1376	(1)  The participating states find that:
1377	(a)  Wildlife resources are managed in trust by the
1378	respective states for the benefit of all residents and visitors.
1379	(b)  The protection of the wildlife resources of a state is
1380	materially affected by the degree of compliance with state
1381	statutes, laws, regulations, ordinances, and administrative
1382	rules relating to the management of such resources.
1383	(c)  The preservation, protection, management, and
1384	restoration of wildlife contributes immeasurably to the
1385	aesthetic, recreational, and economic aspects of such natural
1386	resources.
1387	(d)  Wildlife resources are valuable without regard to
1388	political boundaries; therefore, every person should be required
1389	to comply with wildlife preservation, protection, management,
1390	and restoration laws, ordinances, and administrative rules and
1391	regulations of the participating states as a condition precedent
1392	to the continuance or issuance of any license to hunt, fish,
1393	trap, or possess wildlife.
1394	(e)  Violation of wildlife laws interferes with the
1395	management of wildlife resources and may endanger the safety of
1396	persons and property.
1397	(f)  The mobility of many wildlife law violators
1398	necessitates the maintenance of channels of communication among
1399	the various states.
1400	(g)  In most instances, a person who is cited for a
1401	wildlife violation in a state other than his or her home state
1402	is:
1403	1.  Required to post collateral or a bond to secure
1404	appearance for a trial at a later date;
1405	2.  Taken into custody until the collateral or bond is
1406	posted; or
1407	3.  Taken directly to court for an immediate appearance.
1408	(h)  The purpose of the enforcement practices set forth in
1409	paragraph (g) is to ensure compliance with the terms of a
1410	wildlife citation by the cited person who, if permitted to
1411	continue on his or her way after receiving the citation, could
1412	return to his or her home state and disregard his or her duty
1413	under the terms of the citation.
1414	(i)  In most instances, a person receiving a wildlife
1415	citation in his or her home state is permitted to accept the
1416	citation from the officer at the scene of the violation and
1417	immediately continue on his or her way after agreeing or being
1418	instructed to comply with the terms of the citation.
1419	(j)  The practices described in paragraph (g) cause
1420	unnecessary inconvenience and, at times, a hardship for the
1421	person who is unable at the time to post collateral, furnish a
1422	bond, stand trial, or pay a fine, and thus is compelled to
1423	remain in custody until some alternative arrangement is made.
1424	(k)  The enforcement practices described in paragraph (g)
1425	consume an undue amount of time of law enforcement agencies.
1426	(2)  It is the policy of the participating states to:
1427	(a)  Promote compliance with the statutes, laws,
1428	ordinances, regulations, and administrative rules relating to
1429	the management of wildlife resources in their respective states.
1430	(b)  Recognize a suspension of the wildlife license
1431	privileges of any person whose license privileges have been
1432	suspended by a participating state and treat such suspension as
1433	if it had occurred in each respective state.
1434	(c)  Allow a violator, except as provided in subsection (2)
1435	of Article III, to accept a wildlife citation and, without
1436	delay, proceed on his or her way, whether or not the violator is
1437	a resident of the state in which the citation was issued, if the
1438	violator's home state is party to this compact.
1439	(d)  Report to the appropriate participating state, as
1440	provided in the compact manual, any conviction recorded against
1441	any person whose home state was not the issuing state.
1442	(e)  Allow the home state to recognize and treat
1443	convictions recorded against its residents, which convictions
1444	occurred in a participating state, as though they had occurred
1445	in the home state.
1446	(f)  Extend cooperation to its fullest extent among the
1447	participating states for enforcing compliance with the terms of
1448	a wildlife citation issued in one participating state to a
1449	resident of another participating state.
1450	(g)  Maximize the effective use of law enforcement
1451	personnel and information.
1452	(h)  Assist court systems in the efficient disposition of
1453	wildlife violations.
1454	(3)  The purpose of this compact is to:
1455	(a)  Provide a means through which participating states may
1456	join in a reciprocal program to effectuate the policies
1457	enumerated in subsection (2) in a uniform and orderly manner.
1458	(b)  Provide for the fair and impartial treatment of
1459	wildlife violators operating within participating states in
1460	recognition of the violator's right to due process and the
1461	sovereign status of a participating state.
1462
1463	ARTICLE II
1464	Definitions
1465
1466	As used in this compact, the term:
1467	(1)  "Citation" means any summons, complaint, summons and
1468	complaint, ticket, penalty assessment, or other official
1469	document issued to a person by a wildlife officer or other peace
1470	officer for a wildlife violation which contains an order
1471	requiring the person to respond.
1472	(2)  "Collateral" means any cash or other security
1473	deposited to secure an appearance for trial in connection with
1474	the issuance by a wildlife officer or other peace officer of a
1475	citation for a wildlife violation.
1476	(3)  "Compliance" with respect to a citation means the act
1477	of answering a citation through an appearance in a court or
1478	tribunal, or through the payment of fines, costs, and
1479	surcharges, if any.
1480	(4)  "Conviction" means a conviction that results in
1481	suspension or revocation of a license, including any court
1482	conviction, for any offense related to the preservation,
1483	protection, management, or restoration of wildlife which is
1484	prohibited by state statute, law, regulation, ordinance, or
1485	administrative rule. The term also includes the forfeiture of
1486	any bail, bond, or other security deposited to secure appearance
1487	by a person charged with having committed any such offense, the
1488	payment of a penalty assessment, a plea of nolo contendere, or
1489	the imposition of a deferred or suspended sentence by the court.
1490	(5)  "Court" means a court of law, including magistrate's
1491	court and the justice of the peace court.
1492	(6)  "Home state" means the state of primary residence of a
1493	person.
1494	(7)  "Issuing state" means the participating state that
1495	issues a wildlife citation to the violator.
1496	(8)  "License" means any license, permit, or other public
1497	document that conveys to the person to whom it was issued the
1498	privilege of pursuing, possessing, or taking any wildlife
1499	regulated by statute, law, regulation, ordinance, or
1500	administrative rule of a participating state; any privilege to
1501	obtain such license, permit, or other public document; or any
1502	statutory exemption from the requirement to obtain such license,
1503	permit, or other public document. However, when applied to a
1504	license, permit, or privilege issued or granted by the State of
1505	Florida, only a license or permit issued under s. 379.354, or a
1506	privilege granted under s. 379.353, shall be considered a
1507	license.
1508	(9)  "Licensing authority" means the department or division
1509	within each participating state which is authorized by law to
1510	issue or approve licenses or permits to hunt, fish, trap, or
1511	possess wildlife.
1512	(10)  "Participating state" means any state that enacts
1513	legislation to become a member of this wildlife compact.
1514	(11)  "Personal recognizance" means an agreement by a
1515	person made at the time of issuance of the wildlife citation
1516	that such person will comply with the terms of the citation.
1517	(12)  "State" means any state, territory, or possession of
1518	the United States, the District of Columbia, the Commonwealth of
1519	Puerto Rico, the Provinces of Canada, and other countries.
1520	(13)  "Suspension" means any revocation, denial, or
1521	withdrawal of any or all license privileges, including the
1522	privilege to apply for, purchase, or exercise the benefits
1523	conferred by any license.
1524	(14)  "Terms of the citation" means those conditions and
1525	options expressly stated upon the citation.
1526	(15)  "Wildlife" means all species of animals, including,
1527	but not limited to, mammals, birds, fish, reptiles, amphibians,
1528	mollusks, and crustaceans, which are defined as "wildlife" and
1529	are protected or otherwise regulated by statute, law,
1530	regulation, ordinance, or administrative rule in a participating
1531	state. Species included in the definition of "wildlife" vary
1532	from state to state and the determination of whether a species
1533	is "wildlife" for the purposes of this compact shall be based on
1534	local law.
1535	(16)  "Wildlife law" means any statute, law, regulation,
1536	ordinance, or administrative rule developed and enacted for the
1537	management of wildlife resources and the uses thereof.
1538	(17)  "Wildlife officer" means any individual authorized by
1539	a participating state to issue a citation for a wildlife
1540	violation.
1541	(18)  "Wildlife violation" means any cited violation of a
1542	statute, law, regulation, ordinance, or administrative rule
1543	developed and enacted for the management of wildlife resources
1544	and the uses thereof.
1545
1546	ARTICLE III
1547	Procedures for Issuing State
1548
1549	(1)  When issuing a citation for a wildlife violation, a
1550	wildlife officer shall issue a citation to any person whose
1551	primary residence is in a participating state in the same manner
1552	as though the person were a resident of the issuing state and
1553	shall not require such person to post collateral to secure
1554	appearance, subject to the exceptions noted in subsection (2),
1555	if the officer receives the recognizance of such person that he
1556	will comply with the terms of the citation.
1557	(2)  Personal recognizance is acceptable if not prohibited
1558	by local law; by policy, procedure, or regulation of the issuing
1559	agency; or by the compact manual and if the violator provides
1560	adequate proof of identification to the wildlife officer.
1561	(3)  Upon conviction or failure of a person to comply with
1562	the terms of a wildlife citation, the appropriate official shall
1563	report the conviction or failure to comply to the licensing
1564	authority of the participating state in which the wildlife
1565	citation was issued. The report shall be made in accordance with
1566	procedures specified by the issuing state and must contain
1567	information as specified in the compact manual as minimum
1568	requirements for effective processing by the home state.
1569	(4)  Upon receipt of the report of conviction or
1570	noncompliance pursuant to subsection (3), the licensing
1571	authority of the issuing state shall transmit to the licensing
1572	authority of the home state of the violator the information in
1573	the form and content prescribed in the compact manual.
1574
1575	ARTICLE IV
1576	Procedure for Home State
1577
1578	(1)  Upon receipt of a report from the licensing authority
1579	of the issuing state reporting the failure of a violator to
1580	comply with the terms of a citation, the licensing authority of
1581	the home state shall notify the violator and shall initiate a
1582	suspension action in accordance with the home state's suspension
1583	procedures and shall suspend the violator's license privileges
1584	until satisfactory evidence of compliance with the terms of the
1585	wildlife citation has been furnished by the issuing state to the
1586	home state licensing authority. Due-process safeguards shall be
1587	accorded.
1588	(2)  Upon receipt of a report of conviction from the
1589	licensing authority of the issuing state, the licensing
1590	authority of the home state shall enter such conviction in its
1591	records and shall treat such conviction as though it occurred in
1592	the home state for purposes of the suspension of license
1593	privileges.
1594	(3)  The licensing authority of the home state shall
1595	maintain a record of actions taken and shall make reports to
1596	issuing states as provided in the compact manual.
1597
1598	ARTICLE V
1599	Reciprocal Recognition of Suspension
1600
1601	(1)  Each participating state may recognize the suspension
1602	of license privileges of any person by any other participating
1603	state as though the violation resulting in the suspension had
1604	occurred in that state and would have been the basis for
1605	suspension of license privileges in that state.
1606	(2)  Each participating state shall communicate suspension
1607	information to other participating states in the form and
1608	content contained in the compact manual.
1609
1610	ARTICLE VI
1611	Applicability of Other Laws
1612
1613	Except as expressly required by provisions of this compact, this
1614	compact does not affect the right of any participating state to
1615	apply any of its laws relating to license privileges to any
1616	person or circumstance or to invalidate or prevent any agreement
1617	or other cooperative arrangement between a participating state
1618	and a nonparticipating state concerning the enforcement of
1619	wildlife laws.
1620
1621	ARTICLE VII
1622	Compact Administrator Procedures
1623
1624	(1)  For the purpose of administering the provisions of
1625	this compact and to serve as a governing body for the resolution
1626	of all matters relating to the operation of this compact, a
1627	board of compact administrators is established. The board shall
1628	be composed of one representative from each of the participating
1629	states to be known as the compact administrator. The compact
1630	administrator shall be appointed by the head of the licensing
1631	authority of each participating state and shall serve and be
1632	subject to removal in accordance with the laws of the state he
1633	or she represents. A compact administrator may provide for the
1634	discharge of his or her duties and the performance of his or her
1635	functions as a board member by an alternate. An alternate is not
1636	entitled to serve unless written notification of his or her
1637	identity has been given to the board.
1638	(2)  Each member of the board of compact administrators
1639	shall be entitled to one vote. No action of the board shall be
1640	binding unless taken at a meeting at which a majority of the
1641	total number of the board's votes are cast in favor thereof.
1642	Action by the board shall be only at a meeting at which a
1643	majority of the participating states are represented.
1644	(3)  The board shall elect annually from its membership a
1645	chairperson chairman and vice chairperson chairman.
1646	(4)  The board shall adopt bylaws not inconsistent with the
1647	provisions of this compact or the laws of a participating state
1648	for the conduct of its business and shall have the power to
1649	amend and rescind its bylaws.
1650	(5)  The board may accept for any of its purposes and
1651	functions under this compact any and all donations and grants of
1652	moneys, equipment, supplies, materials, and services,
1653	conditional or otherwise, from any state, the United States, or
1654	any governmental agency, and may receive, use, and dispose of
1655	the same.
1656	(6)  The board may contract with, or accept services or
1657	personnel from, any governmental or intergovernmental agency,
1658	individual, firm, corporation, or private nonprofit organization
1659	or institution.
1660	(7)  The board shall formulate all necessary procedures and
1661	develop uniform forms and documents for administering the
1662	provisions of this compact. All procedures and forms adopted
1663	pursuant to board action shall be contained in a compact manual.
1664
1665	ARTICLE VIII
1666	Entry into Compact and Withdrawal
1667
1668	(1)  This compact shall become effective at such time as it
1669	is adopted in substantially similar form by two or more states.
1670	(2)
1671	(a)  Entry into the compact shall be made by resolution of
1672	ratification executed by the authorized officials of the
1673	applying state and submitted to the chairperson chairman of the
1674	board.
1675	(b)  The resolution shall substantially be in the form and
1676	content as provided in the compact manual and must include the
1677	following:
1678	1.  A citation of the authority from which the state is
1679	empowered to become a party to this compact;
1680	2.  An agreement of compliance with the terms and
1681	provisions of this compact; and
1682	3.  An agreement that compact entry is with all states
1683	participating in the compact and with all additional states
1684	legally becoming a party to the compact.
1685	(c)  The effective date of entry shall be specified by the
1686	applying state, but may not be less than 60 days after notice
1687	has been given by the chairperson chairman of the board of the
1688	compact administrators or by the secretariat of the board to
1689	each participating state that the resolution from the applying
1690	state has been received.
1691	(3)  A participating state may withdraw from participation
1692	in this compact by official written notice to each participating
1693	state, but withdrawal shall not become effective until 90 days
1694	after the notice of withdrawal is given. The notice must be
1695	directed to the compact administrator of each member state. The
1696	withdrawal of any state does not affect the validity of this
1697	compact as to the remaining participating states.
1698
1699	ARTICLE IX
1700	Amendments to the Compact
1701
1702	(1)  This compact may be amended from time to time.
1703	Amendments shall be presented in resolution form to the
1704	chairperson chairman of the board of compact administrators and
1705	shall be initiated by one or more participating states.
1706	(2)  Adoption of an amendment shall require endorsement by
1707	all participating states and shall become effective 30 days
1708	after the date of the last endorsement.
1709
1710	ARTICLE X
1711	Construction and Severability
1712
1713	This compact shall be liberally construed so as to effectuate
1714	the purposes stated herein. The provisions of this compact are
1715	severable and if any phrase, clause, sentence, or provision of
1716	this compact is declared to be contrary to the constitution of
1717	any participating state or of the United States, or if the
1718	applicability thereof to any government, agency, individual, or
1719	circumstance is held invalid, the validity of the remainder of
1720	this compact shall not be affected thereby. If this compact is
1721	held contrary to the constitution of any participating state,
1722	the compact shall remain in full force and effect as to the
1723	remaining states and in full force and effect as to the
1724	participating state affected as to all severable matters.
1725
1726	ARTICLE XI
1727	Title
1728
1729	This compact shall be known as the "Wildlife Violator
1730	Compact."
1731	Reviser's note.-Amended pursuant to the directive of
1732	the Legislature in s. 1, ch. 93-199, Laws of Florida,
1733	to remove gender-specific references applicable to
1734	human beings from the Florida Statutes without
1735	substantive change in legal effect.
1736	Section 48.  Paragraphs (b) and (c) of subsection (4) of
1737	section 381.026, Florida Statutes, are amended to read:
1738	381.026  Florida Patient's Bill of Rights and
1739	Responsibilities.-
1740	(4)  RIGHTS OF PATIENTS.-Each health care facility or
1741	provider shall observe the following standards:
1742	(b)  Information.-
1743	1.  A patient has the right to know the name, function, and
1744	qualifications of each health care provider who is providing
1745	medical services to the patient. A patient may request such
1746	information from his or her responsible provider or the health
1747	care facility in which he or she is receiving medical services.
1748	2.  A patient in a health care facility has the right to
1749	know what patient support services are available in the
1750	facility.
1751	3.  A patient has the right to be given by his or her
1752	health care provider information concerning diagnosis, planned
1753	course of treatment, alternatives, risks, and prognosis, unless
1754	it is medically inadvisable or impossible to give this
1755	information to the patient, in which case the information must
1756	be given to the patient's guardian or a person designated as the
1757	patient's representative. A patient has the right to refuse this
1758	information.
1759	4.  A patient has the right to refuse any treatment based
1760	on information required by this paragraph, except as otherwise
1761	provided by law. The responsible provider shall document any
1762	such refusal.
1763	5.  A patient in a health care facility has the right to
1764	know what facility rules and regulations apply to patient
1765	conduct.
1766	6.  A patient has the right to express grievances to a
1767	health care provider, a health care facility, or the appropriate
1768	state licensing agency regarding alleged violations of patients'
1769	rights. A patient has the right to know the health care
1770	provider's or health care facility's procedures for expressing a
1771	grievance.
1772	7.  A patient in a health care facility who does not speak
1773	English has the right to be provided an interpreter when
1774	receiving medical services if the facility has a person readily
1775	available who can interpret on behalf of the patient.
1776	8.  A health care provider or health care facility shall
1777	respect a patient's right to privacy and should refrain from
1778	making a written inquiry or asking questions concerning the
1779	ownership of a firearm or ammunition by the patient or by a
1780	family member of the patient, or the presence of a firearm in a
1781	private home or other domicile of the patient or a family member
1782	of the patient. Notwithstanding this provision, a health care
1783	provider or health care facility that in good faith believes
1784	that this information is relevant to the patient's medical care
1785	or safety, or safety of or others, may make such a verbal or
1786	written inquiry.
1787	9.  A patient may decline to answer or provide any
1788	information regarding ownership of a firearm by the patient or a
1789	family member of the patient, or the presence of a firearm in
1790	the domicile of the patient or a family member of the patient. A
1791	patient's decision not to answer a question relating to the
1792	presence or ownership of a firearm does not alter existing law
1793	regarding a physician's authorization to choose his or her
1794	patients.
1795	10.  A health care provider or health care facility may not
1796	discriminate against a patient based solely upon the patient's
1797	exercise of the constitutional right to own and possess firearms
1798	or ammunition.
1799	11.  A health care provider or health care facility shall
1800	respect a patient's legal right to own or possess a firearm and
1801	should refrain from unnecessarily harassing a patient about
1802	firearm ownership during an examination.
1803	(c)  Financial information and disclosure.-
1804	1.  A patient has the right to be given, upon request, by
1805	the responsible provider, his or her designee, or a
1806	representative of the health care facility full information and
1807	necessary counseling on the availability of known financial
1808	resources for the patient's health care.
1809	2.  A health care provider or a health care facility shall,
1810	upon request, disclose to each patient who is eligible for
1811	Medicare, before treatment, whether the health care provider or
1812	the health care facility in which the patient is receiving
1813	medical services accepts assignment under Medicare reimbursement
1814	as payment in full for medical services and treatment rendered
1815	in the health care provider's office or health care facility.
1816	3.  A primary care provider may publish a schedule of
1817	charges for the medical services that the provider offers to
1818	patients. The schedule must include the prices charged to an
1819	uninsured person paying for such services by cash, check, credit
1820	card, or debit card. The schedule must be posted in a
1821	conspicuous place in the reception area of the provider's office
1822	and must include, but is not limited to, the 50 services most
1823	frequently provided by the primary care provider. The schedule
1824	may group services by three price levels, listing services in
1825	each price level. The posting must be at least 15 square feet in
1826	size. A primary care provider who publishes and maintains a
1827	schedule of charges for medical services is exempt from the
1828	license fee requirements for a single period of renewal of a
1829	professional license under chapter 456 for that licensure term
1830	and is exempt from the continuing education requirements of
1831	chapter 456 and the rules implementing those requirements for a
1832	single 2-year period.
1833	4.  If a primary care provider publishes a schedule of
1834	charges pursuant to subparagraph 3., he or she must continually
1835	post it at all times for the duration of active licensure in
1836	this state when primary care services are provided to patients.
1837	If a primary care provider fails to post the schedule of charges
1838	in accordance with this subparagraph, the provider shall be
1839	required to pay any license fee and comply with any continuing
1840	education requirements for which an exemption was received.
1841	5.  A health care provider or a health care facility shall,
1842	upon request, furnish a person, before the provision of medical
1843	services, a reasonable estimate of charges for such services.
1844	The health care provider or the health care facility shall
1845	provide an uninsured person, before the provision of a planned
1846	nonemergency medical service, a reasonable estimate of charges
1847	for such service and information regarding the provider's or
1848	facility's discount or charity policies for which the uninsured
1849	person may be eligible. Such estimates by a primary care
1850	provider must be consistent with the schedule posted under
1851	subparagraph 3. Estimates shall, to the extent possible, be
1852	written in a language comprehensible to an ordinary layperson.
1853	Such reasonable estimate does not preclude the health care
1854	provider or health care facility from exceeding the estimate or
1855	making additional charges based on changes in the patient's
1856	condition or treatment needs.
1857	6.  Each licensed facility not operated by the state shall
1858	make available to the public on its Internet website or by other
1859	electronic means a description of and a link to the performance
1860	outcome and financial data that is published by the agency
1861	pursuant to s. 408.05(3)(k). The facility shall place a notice
1862	in the reception area that such information is available
1863	electronically and the website address. The licensed facility
1864	may indicate that the pricing information is based on a
1865	compilation of charges for the average patient and that each
1866	patient's bill may vary from the average depending upon the
1867	severity of illness and individual resources consumed. The
1868	licensed facility may also indicate that the price of service is
1869	negotiable for eligible patients based upon the patient's
1870	ability to pay.
1871	7.  A patient has the right to receive a copy of an
1872	itemized bill upon request. A patient has a right to be given an
1873	explanation of charges upon request.
1874	Reviser's note.-Paragraph (4)(b) is amended to confirm
1875	editorial substitution of the word "of" for the word
1876	"or." Paragraph (4)(c) is amended to delete the word
1877	"a" to improve clarity.
1878	Section 49.  Subsection (17) of section 409.9122, Florida
1879	Statutes, is amended to read:
1880	409.9122  Mandatory Medicaid managed care enrollment;
1881	programs and procedures.-
1882	(17)  The agency shall establish and maintain an
1883	information system to make encounter data, financial data, and
1884	other measures of plan performance available to the public and
1885	any interested party.
1886	(a)  Information submitted by the managed care plans shall
1887	be available online as well as in other formats.
1888	(b)  Periodic agency reports shall be published that
1889	include provide summary as well as plan specific measures of
1890	financial performance and service utilization.
1891	(c)  Any release of the financial and encounter data
1892	submitted by managed care plans shall ensure the confidentiality
1893	of personal health information.
1894	Reviser's note.-Amended to confirm editorial insertion
1895	of the word "available" and deletion of the word
1896	"provide."
1897	Section 50.  Paragraphs (c) and (e) of subsection (3) of
1898	section 409.966, Florida Statutes, are amended to read:
1899	409.966  Eligible plans; selection.-
1900	(3)  QUALITY SELECTION CRITERIA.-
1901	(c)  After negotiations are conducted, the agency shall
1902	select the eligible plans that are determined to be responsive
1903	and provide the best value to the state. Preference shall be
1904	given to plans that:
1905	1.  Have signed contracts with primary and specialty
1906	physicians in sufficient numbers to meet the specific standards
1907	established pursuant to s. 409.967(2)(c) 409.967(2)(b).
1908	2.  Have well-defined programs for recognizing patient-
1909	centered medical homes and providing for increased compensation
1910	for recognized medical homes, as defined by the plan.
1911	3.  Are organizations that are based in and perform
1912	operational functions in this state, in-house or through
1913	contractual arrangements, by staff located in this state. Using
1914	a tiered approach, the highest number of points shall be awarded
1915	to a plan that has all or substantially all of its operational
1916	functions performed in the state. The second highest number of
1917	points shall be awarded to a plan that has a majority of its
1918	operational functions performed in the state. The agency may
1919	establish a third tier; however, preference points may not be
1920	awarded to plans that perform only community outreach, medical
1921	director functions, and state administrative functions in the
1922	state. For purposes of this subparagraph, operational functions
1923	include claims processing, member services, provider relations,
1924	utilization and prior authorization, case management, disease
1925	and quality functions, and finance and administration. For
1926	purposes of this subparagraph, the term "based in this state"
1927	means that the entity's principal office is in this state and
1928	the plan is not a subsidiary, directly or indirectly through one
1929	or more subsidiaries of, or a joint venture with, any other
1930	entity whose principal office is not located in the state.
1931	4.  Have contracts or other arrangements for cancer disease
1932	management programs that have a proven record of clinical
1933	efficiencies and cost savings.
1934	5.  Have contracts or other arrangements for diabetes
1935	disease management programs that have a proven record of
1936	clinical efficiencies and cost savings.
1937	6.  Have a claims payment process that ensures that claims
1938	that are not contested or denied will be promptly paid pursuant
1939	to s. 641.3155.
1940	(e)  To ensure managed care plan participation in Regions 1
1941	and 2, the agency shall award an additional contract to each
1942	plan with a contract award in Region 1 or Region 2. Such
1943	contract shall be in any other region in which the plan
1944	submitted a responsive bid and negotiates a rate acceptable to
1945	the agency. If a plan that is awarded an additional contract
1946	pursuant to this paragraph is subject to penalties pursuant to
1947	s. 409.967(2)(h) s. 409.967(2)(g) for activities in Region 1 or
1948	Region 2, the additional contract is automatically terminated
1949	180 days after the imposition of the penalties. The plan must
1950	reimburse the agency for the cost of enrollment changes and
1951	other transition activities.
1952	Reviser's note.-Paragraph (3)(c) is amended to
1953	substitute a reference to s. 409.967(2)(c) for a
1954	reference to s. 409.967(2)(b). Section 409.967(2)(c)
1955	establishes standards for access to care. Section
1956	409.967(2)(b) references emergency services. Paragraph
1957	(3)(e) is amended to substitute a reference to s.
1958	409.967(2)(h) for a reference to s. 409.967(2)(g).
1959	Section 409.967(2)(h) relates to penalties. Section
1960	409.967(2)(g) relates to grievance resolution.
1961	Section 51.  Subsection (1) of section 409.972, Florida
1962	Statutes, is amended to read:
1963	409.972  Mandatory and voluntary enrollment.-
1964	(1)  Persons eligible for the program known as "medically
1965	needy" pursuant to s. 409.904(2) 409.904(2)(a) shall enroll in
1966	managed care plans. Medically needy recipients shall meet the
1967	share of the cost by paying the plan premium, up to the share of
1968	the cost amount, contingent upon federal approval.
1969	Reviser's note.-Amended to conform to the repeal of s.
1970	409.904(2)(b) by s. 3, ch. 2011-61, Laws of Florida,
1971	which resulted in subsection (2) having no subunits.
1972	Section 52.  Paragraph (e) of subsection (4) of section
1973	409.973, Florida Statutes, is amended to read:
1974	409.973  Benefits.-
1975	(4)  PRIMARY CARE INITIATIVE.-Each plan operating in the
1976	managed medical assistance program shall establish a program to
1977	encourage enrollees to establish a relationship with their
1978	primary care provider. Each plan shall:
1979	(e)  Report to the agency the number of emergency room
1980	visits by enrollees who have not had at a least one appointment
1981	with their primary care provider.
1982	Reviser's note.-Amended to confirm editorial
1983	substitution of the word "at" for the word "a."
1984	Section 53.  Subsection (2) of section 409.974, Florida
1985	Statutes, is amended to read:
1986	409.974  Eligible plans.-
1987	(2)  QUALITY SELECTION CRITERIA.-In addition to the
1988	criteria established in s. 409.966, the agency shall consider
1989	evidence that an eligible plan has written agreements or signed
1990	contracts or has made substantial progress in establishing
1991	relationships with providers before the plan submitting a
1992	response. The agency shall evaluate and give special weight to
1993	evidence of signed contracts with essential providers as defined
1994	by the agency pursuant to s. 409.975(1) 409.975(2). The agency
1995	shall exercise a preference for plans with a provider network in
1996	which over 10 percent of the providers use electronic health
1997	records, as defined in s. 408.051. When all other factors are
1998	equal, the agency shall consider whether the organization has a
1999	contract to provide managed long-term care services in the same
2000	region and shall exercise a preference for such plans.
2001	Reviser's note.-Amended to substitute a reference to
2002	s. 409.975(1) for a reference to s. 409.975(2).
2003	Material concerning essential providers is in s.
2004	409.975(1). Section 409.975(2) relates to the Florida
2005	Medical Schools Quality Network.
2006	Section 54.  Subsection (1) of section 409.975, Florida
2007	Statutes, is amended to read:
2008	409.975  Managed care plan accountability.-In addition to
2009	the requirements of s. 409.967, plans and providers
2010	participating in the managed medical assistance program shall
2011	comply with the requirements of this section.
2012	(1)  PROVIDER NETWORKS.-Managed care plans must develop and
2013	maintain provider networks that meet the medical needs of their
2014	enrollees in accordance with standards established pursuant to
2015	s. 409.967(2)(c) 409.967(2)(b). Except as provided in this
2016	section, managed care plans may limit the providers in their
2017	networks based on credentials, quality indicators, and price.
2018	(a)  Plans must include all providers in the region that
2019	are classified by the agency as essential Medicaid providers,
2020	unless the agency approves, in writing, an alternative
2021	arrangement for securing the types of services offered by the
2022	essential providers. Providers are essential for serving
2023	Medicaid enrollees if they offer services that are not available
2024	from any other provider within a reasonable access standard, or
2025	if they provided a substantial share of the total units of a
2026	particular service used by Medicaid patients within the region
2027	during the last 3 years and the combined capacity of other
2028	service providers in the region is insufficient to meet the
2029	total needs of the Medicaid patients. The agency may not
2030	classify physicians and other practitioners as essential
2031	providers. The agency, at a minimum, shall determine which
2032	providers in the following categories are essential Medicaid
2033	providers:
2034	1.  Federally qualified health centers.
2035	2.  Statutory teaching hospitals as defined in s.
2036	408.07(45).
2037	3.  Hospitals that are trauma centers as defined in s.
2038	395.4001(14).
2039	4.  Hospitals located at least 25 miles from any other
2040	hospital with similar services.
2041
2042	Managed care plans that have not contracted with all essential
2043	providers in the region as of the first date of recipient
2044	enrollment, or with whom an essential provider has terminated
2045	its contract, must negotiate in good faith with such essential
2046	providers for 1 year or until an agreement is reached, whichever
2047	is first. Payments for services rendered by a nonparticipating
2048	essential provider shall be made at the applicable Medicaid rate
2049	as of the first day of the contract between the agency and the
2050	plan. A rate schedule for all essential providers shall be
2051	attached to the contract between the agency and the plan. After
2052	1 year, managed care plans that are unable to contract with
2053	essential providers shall notify the agency and propose an
2054	alternative arrangement for securing the essential services for
2055	Medicaid enrollees. The arrangement must rely on contracts with
2056	other participating providers, regardless of whether those
2057	providers are located within the same region as the
2058	nonparticipating essential service provider. If the alternative
2059	arrangement is approved by the agency, payments to
2060	nonparticipating essential providers after the date of the
2061	agency's approval shall equal 90 percent of the applicable
2062	Medicaid rate. If the alternative arrangement is not approved by
2063	the agency, payment to nonparticipating essential providers
2064	shall equal 110 percent of the applicable Medicaid rate.
2065	(b)  Certain providers are statewide resources and
2066	essential providers for all managed care plans in all regions.
2067	All managed care plans must include these essential providers in
2068	their networks. Statewide essential providers include:
2069	1.  Faculty plans of Florida medical schools.
2070	2.  Regional perinatal intensive care centers as defined in
2071	s. 383.16(2).
2072	3.  Hospitals licensed as specialty children's hospitals as
2073	defined in s. 395.002(28).
2074	4.  Accredited and integrated systems serving medically
2075	complex children that are comprised of separately licensed, but
2076	commonly owned, health care providers delivering at least the
2077	following services: medical group home, in-home and outpatient
2078	nursing care and therapies, pharmacy services, durable medical
2079	equipment, and Prescribed Pediatric Extended Care.
2080
2081	Managed care plans that have not contracted with all statewide
2082	essential providers in all regions as of the first date of
2083	recipient enrollment must continue to negotiate in good faith.
2084	Payments to physicians on the faculty of nonparticipating
2085	Florida medical schools shall be made at the applicable Medicaid
2086	rate. Payments for services rendered by regional perinatal
2087	intensive care centers shall be made at the applicable Medicaid
2088	rate as of the first day of the contract between the agency and
2089	the plan. Payments to nonparticipating specialty children's
2090	hospitals shall equal the highest rate established by contract
2091	between that provider and any other Medicaid managed care plan.
2092	(c)  After 12 months of active participation in a plan's
2093	network, the plan may exclude any essential provider from the
2094	network for failure to meet quality or performance criteria. If
2095	the plan excludes an essential provider from the plan, the plan
2096	must provide written notice to all recipients who have chosen
2097	that provider for care. The notice shall be provided at least 30
2098	days before the effective date of the exclusion.
2099	(d)  Each managed care plan must offer a network contract
2100	to each home medical equipment and supplies provider in the
2101	region which meets quality and fraud prevention and detection
2102	standards established by the plan and which agrees to accept the
2103	lowest price previously negotiated between the plan and another
2104	such provider.
2105	Reviser's note.-Amended to substitute a reference to
2106	s. 409.967(2)(c) for a reference to s. 409.967(2)(b).
2107	Section 409.967(2)(c) establishes standards for access
2108	to care. Section 409.067(2)(b) references emergency
2109	services.
2110	Section 55.  Paragraph (b) of subsection (4) of section
2111	409.983, Florida Statutes, is amended to read:
2112	409.983  Long-term care managed care plan payment.-In
2113	addition to the payment provisions of s. 409.968, the agency
2114	shall provide payment to plans in the long-term care managed
2115	care program pursuant to this section.
2116	(4)  The initial assessment of an enrollee's level of care
2117	shall be made by the Comprehensive Assessment and Review for
2118	Long-Term-Care Services (CARES) program, which shall assign the
2119	recipient into one of the following levels of care:
2120	(b)  Level of care 2 consists of recipients at imminent
2121	risk of nursing home placement, as evidenced by the need for the
2122	constant availability of routine medical and nursing treatment
2123	and care, and who require extensive health-related care and
2124	services because of mental or physical incapacitation.
2125
2126	The agency shall periodically adjust payment rates to account
2127	for changes in the level of care profile for each managed care
2128	plan based on encounter data.
2129	Reviser's note.-Amended to confirm editorial insertion
2130	of the word "who."
2131	Section 56.  Subsection (3) of section 409.984, Florida
2132	Statutes, is amended to read:
2133	409.984  Enrollment in a long-term care managed care plan.-
2134	(3)  Notwithstanding s. 409.969(2) 409.969(3)(c), if a
2135	recipient is referred for hospice services, the recipient has 30
2136	days during which the recipient may select to enroll in another
2137	managed care plan to access the hospice provider of the
2138	recipient's choice.
2139	Reviser's note.-Amended to substitute a reference to
2140	s. 409.969(2) for a reference to s. 409.969(3)(c).
2141	Section 409.969(2) references a 90-day period during
2142	which a Medicaid recipient may disenroll and select
2143	another plan. Section 409.969(3)(c) does not exist.
2144	Section 57.  Paragraph (b) of subsection (3) of section
2145	409.985, Florida Statutes, is amended to read:
2146	409.985  Comprehensive Assessment and Review for Long-Term
2147	Care Services (CARES) Program.-
2148	(3)  The CARES program shall determine if an individual
2149	requires nursing facility care and, if the individual requires
2150	such care, assign the individual to a level of care as described
2151	in s. 409.983(4). When determining the need for nursing facility
2152	care, consideration shall be given to the nature of the services
2153	prescribed and which level of nursing or other health care
2154	personnel meets the qualifications necessary to provide such
2155	services and the availability to and access by the individual of
2156	community or alternative resources. For the purposes of the
2157	long-term care managed care program, the term "nursing facility
2158	care" means the individual:
2159	(b)  Requires or is at imminent risk of nursing home
2160	placement as evidenced by the need for observation throughout a
2161	24-hour period and care and the constant availability of medical
2162	and nursing treatment and requires services on a daily or
2163	intermittent basis that are to be performed under the
2164	supervision of licensed nursing or other health professionals
2165	because the individual who is incapacitated mentally or
2166	physically; or
2167	Reviser's note.-Amended to confirm editorial deletion
2168	of the word "who."
2169	Section 58.  Subsection (1) of section 420.602, Florida
2170	Statutes, is amended to read:
2171	420.602  Definitions.-As used in this part, the following
2172	terms shall have the following meanings, unless the context
2173	otherwise requires:
2174	(1)  "Adjusted for family size" means adjusted in a manner
2175	which results in an income eligibility level which is lower for
2176	households with fewer than four people, or higher for households
2177	with more than four people, than the base income eligibility
2178	level determined as provided in subsection (9) (8), subsection
2179	(10) (9), or subsection (12), based upon a formula as
2180	established by rule of the corporation.
2181	Reviser's note.-Amended to conform to the
2182	redesignation of subsections (8) and (9) as
2183	subsections (9) and (10) by s. 333, ch. 2011-142, Laws
2184	of Florida.
2185	Section 59.  Paragraph (g) of subsection (1) of section
2186	427.012, Florida Statutes, is amended to read:
2187	427.012  The Commission for the Transportation
2188	Disadvantaged.-There is created the Commission for the
2189	Transportation Disadvantaged in the Department of
2190	Transportation.
2191	(1)  The commission shall consist of seven members, all of
2192	whom shall be appointed by the Governor, in accordance with the
2193	requirements of s. 20.052.
2194	(g)  The Secretary of Transportation, the Secretary of
2195	Children and Family Services, the executive director of the
2196	Department of Economic Opportunity, the executive director of
2197	the Department of Veterans' Affairs, the Secretary of Elderly
2198	Affairs, the Secretary of Health Care Administration, the
2199	director of the Agency for Persons with Disabilities, and a
2200	county manager or administrator who is appointed by the
2201	Governor, or a senior management level representative of each,
2202	shall serve as ex officio, nonvoting advisors to the commission.
2203	Reviser's note.-Amended to confirm editorial insertion
2204	of the words "the Department of" to conform to the
2205	complete name of the department.
2206	Section 60.  Paragraph (b) of subsection (2) of section
2207	440.45, Florida Statutes, is amended to read:
2208	440.45  Office of the Judges of Compensation Claims.-
2209	(2)
2210	(b)  Except as provided in paragraph (c), the Governor
2211	shall appoint a judge of compensation claims from a list of
2212	three persons nominated by a statewide nominating commission.
2213	The statewide nominating commission shall be composed of the
2214	following:
2215	1.  Five members, at least one of whom must be a member of
2216	a minority group as defined in s. 288.703, one of each who
2217	resides in each of the territorial jurisdictions of the district
2218	courts of appeal, appointed by the Board of Governors of The
2219	Florida Bar from among The Florida Bar members who are engaged
2220	in the practice of law. On July 1, 1999, the term of office of
2221	each person appointed by the Board of Governors of The Florida
2222	Bar to the commission expires. The Board of Governors shall
2223	appoint members who reside in the odd-numbered district court of
2224	appeal jurisdictions to 4-year terms each, beginning July 1,
2225	1999, and members who reside in the even-numbered district court
2226	of appeal jurisdictions to 2-year terms each, beginning July 1,
2227	1999. Thereafter, each member shall be appointed for a 4-year
2228	term;
2229	2.  Five electors, at least one of whom must be a member of
2230	a minority group as defined in s. 288.703, one of each who
2231	resides in each of the territorial jurisdictions of the district
2232	courts of appeal, appointed by the Governor. On July 1, 1999,
2233	the term of office of each person appointed by the Governor to
2234	the commission expires. The Governor shall appoint members who
2235	reside in the odd-numbered district court of appeal
2236	jurisdictions to 2-year terms each, beginning July 1, 1999, and
2237	members who reside in the even-numbered district court of appeal
2238	jurisdictions to 4-year terms each, beginning July 1, 1999.
2239	Thereafter, each member shall be appointed for a 4-year term;
2240	and
2241	3.  Five electors, at least one of whom must be a member of
2242	a minority group as defined in s. 288.703, one of each who
2243	resides in the territorial jurisdictions of the district courts
2244	of appeal, selected and appointed by a majority vote of the
2245	other 10 members of the commission. On October 1, 1999, the term
2246	of office of each person appointed to the commission by its
2247	other members expires. A majority of the other members of the
2248	commission shall appoint members who reside in the odd-numbered
2249	district court of appeal jurisdictions to 2-year terms each,
2250	beginning October 1, 1999, and members who reside in the even-
2251	numbered district court of appeal jurisdictions to 4-year terms
2252	each, beginning October 1, 1999. Thereafter, each member shall
2253	be appointed for a 4-year term.
2254
2255	A vacancy occurring on the commission shall be filled by the
2256	original appointing authority for the unexpired balance of the
2257	term. No attorney who appears before any judge of compensation
2258	claims more than four times a year is eligible to serve on the
2259	statewide nominating commission. The meetings and determinations
2260	of the nominating commission as to the judges of compensation
2261	claims shall be open to the public.
2262	Reviser's note.-Amended to delete obsolete provisions.
2263	Section 61.  Subsection (26) of section 443.036, Florida
2264	Statutes, is amended to read:
2265	443.036  Definitions.-As used in this chapter, the term:
2266	(26)  "Initial skills review" means an online education or
2267	training program, such as that established under s. 445.06
2268	1004.99, that is approved by the Agency for Workforce Innovation
2269	and designed to measure an individual's mastery level of
2270	workplace skills.
2271	Reviser's note.-Amended to conform to the transfer of
2272	s. 1004.99 to s. 445.06 by s. 476, ch. 2011-142, Laws
2273	of Florida.
2274	Section 62.  Paragraph (f) of subsection (13) of section
2275	443.1216, Florida Statutes, is amended to read:
2276	443.1216  Employment.-Employment, as defined in s. 443.036,
2277	is subject to this chapter under the following conditions:
2278	(13)  The following are exempt from coverage under this
2279	chapter:
2280	(f)  Service performed in the employ of a public employer
2281	as defined in s. 443.036, except as provided in subsection (2),
2282	and service performed in the employ of an instrumentality of a
2283	public employer as described in s. 443.036(36)(b) or (c)
2284	443.036(35)(b) or (c), to the extent that the instrumentality is
2285	immune under the United States Constitution from the tax imposed
2286	by s. 3301 of the Internal Revenue Code for that service.
2287	Reviser's note.-Amended to conform to the
2288	redesignation of subunits within s. 443.036 by s. 3,
2289	ch. 2011-235, Laws of Florida.
2290	Section 63.  Paragraph (d) of subsection (1) of section
2291	468.841, Florida Statutes, is amended to read:
2292	468.841  Exemptions.-
2293	(1)  The following persons are not required to comply with
2294	any provisions of this part relating to mold assessment:
2295	(d)  Persons or business organizations acting within the
2296	scope of the respective licenses required under part XV of this
2297	chapter, chapter 471, part I of chapter 481, chapter 482, or
2298	chapter 489 or part XV of this chapter are acting on behalf of
2299	an insurer under part VI of chapter 626, or are persons in the
2300	manufactured housing industry who are licensed under chapter
2301	320, except when any such persons or business organizations hold
2302	themselves out for hire to the public as a "certified mold
2303	assessor," "registered mold assessor," "licensed mold assessor,"
2304	"mold assessor," "professional mold assessor," or any
2305	combination thereof stating or implying licensure under this
2306	part.
2307	Reviser's note.-Amended to confirm editorial deletion
2308	of the words "or part XV of this chapter" to eliminate
2309	redundancy.
2310	Section 64.  Paragraph (a) of subsection (5) of section
2311	474.203, Florida Statutes, is amended to read:
2312	474.203  Exemptions.-This chapter does not apply to:
2313	(5)(a)  Any person, or the person's regular employee,
2314	administering to the ills or injuries of her or his own animals,
2315	including, but not limited to, castration, spaying, and
2316	dehorning of herd animals, unless title is transferred or
2317	employment provided for the purpose of circumventing this law.
2318	This exemption does not apply to any person licensed as a
2319	veterinarian in another state or foreign jurisdiction and is
2320	practicing temporarily in this state. However, only a
2321	veterinarian may immunize or treat an animal for diseases that
2322	are communicable to humans and that are of public health
2323	significance.
2324
2325	For the purposes of chapters 465 and 893, persons exempt
2326	pursuant to subsection (1), subsection (2), or subsection (4)
2327	are deemed to be duly licensed practitioners authorized by the
2328	laws of this state to prescribe drugs or medicinal supplies.
2329	Reviser's note.-Amended to confirm editorial deletion
2330	of the word "is."
2331	Section 65.  Subsection (1) of section 474.2125, Florida
2332	Statutes, is amended to read:
2333	474.2125  Temporary license.-
2334	(1)  The board shall adopt rules providing for the issuance
2335	of a temporary license to a licensed veterinarian of another
2336	state for the purpose of enabling her or him to provide
2337	veterinary medical services in this state for the animals of a
2338	specific owner or, as may be needed in an emergency as defined
2339	in s. 252.34(3) 252.34(2), for the animals of multiple owners,
2340	provided the applicant would qualify for licensure by
2341	endorsement under s. 474.217. No temporary license shall be
2342	valid for more than 30 days after its issuance, and no license
2343	shall cover more than the treatment of the animals of one owner
2344	except in an emergency as defined in s. 252.34(3) 252.34(2).
2345	After the expiration of 30 days, a new license is required.
2346	Reviser's note.-Amended to conform to the correct
2347	location of the definition of the word "emergency."
2348	Section 66.  Subsection (3) of section 493.6402, Florida
2349	Statutes, is amended to read:
2350	493.6402  Fees.-
2351	(3)  The fees set forth in this section must be paid by
2352	check or money order, or, at the discretion of the department,
2353	by or electronic funds transfer at the time the application is
2354	approved, except that the applicant for a Class "E," Class "EE,"
2355	or Class "MR" license must pay the license fee at the time the
2356	application is made. If a license is revoked or denied, or if an
2357	application is withdrawn, the license fee is nonrefundable.
2358	Reviser's note.-Amended to confirm editorial deletion
2359	of the word "or."
2360	Section 67.  Paragraph (o) of subsection (8) of section
2361	499.012, Florida Statutes, is amended to read:
2362	499.012  Permit application requirements.-
2363	(8)  An application for a permit or to renew a permit for a
2364	prescription drug wholesale distributor or an out-of-state
2365	prescription drug wholesale distributor submitted to the
2366	department must include:
2367	(o)  Documentation of the credentialing policies and
2368	procedures required by s. 499.0121(15) 499.0121(14).
2369	Reviser's note.-Amended to correct an apparent error.
2370	Section 499.0121(15) references credentialing. Section
2371	499.0121(14) references distribution reporting.
2372	Section 68.  Subsection (2) of section 514.0315, Florida
2373	Statutes, is amended to read:
2374	514.0315  Required safety features for public swimming
2375	pools and spas.-
2376	(2)  A public swimming pool or spa built before January 1,
2377	1993, with a single main drain other than an unblockable drain
2378	must be equipped with at least one of the following features
2379	that complies with any American Society of Mechanical Engineers,
2380	American National Standards Institute, American Society Standard
2381	for Testing and Materials, or other applicable consumer product
2382	safety standard for such system or device and protects against
2383	evisceration and body-and-limb suction entrapment:
2384	(a)  A safety vacuum release system that ceases operation
2385	of the pump, reverses the circulation flow, or otherwise
2386	provides a vacuum release at a suction outlet when a blockage is
2387	detected and that has been tested by an independent third party
2388	and found to conform to American Society of Mechanical
2389	Engineers/American National Standards Institute standard
2390	A112.19.17, American Society Standard for Testing and Materials
2391	standard 26 F2387, or any successor standard.
2392	(b)  A suction-limiting vent system with a tamper-resistant
2393	atmospheric opening.
2394	(c)  A gravity drainage system that uses a collector tank.
2395	(d)  An automatic pump shut-off system.
2396	(e)  A device or system that disables the drain.
2397	Reviser's note.-The introductory paragraph of
2398	subsection (2) and paragraph (2)(a) are amended to
2399	confirm editorial substitution of the word "Society"
2400	for the word "Standard" to conform to the correct name
2401	of the society. Paragraph (2)(a) is also amended to
2402	confirm editorial deletion of the number "26" to
2403	conform to the fact that there is no standard 26
2404	F2387, only a standard F2387.
2405	Section 69.  Section 514.072, Florida Statutes, is amended
2406	to read:
2407	514.072  Certification of swimming instructors for people
2408	who have developmental disabilities required.-Any person working
2409	at a swimming pool who holds himself or herself out as a
2410	swimming instructor specializing in training people who have
2411	developmental disabilities, as defined in s. 393.063(9)
2412	393.063(10), may be certified by the Dan Marino Foundation,
2413	Inc., in addition to being certified under s. 514.071. The Dan
2414	Marino Foundation, Inc., must develop certification requirements
2415	and a training curriculum for swimming instructors for people
2416	who have developmental disabilities and must submit the
2417	certification requirements to the Department of Health for
2418	review by January 1, 2007. A person certified under s. 514.071
2419	before July 1, 2007, must meet the additional certification
2420	requirements of this section before January 1, 2008. A person
2421	certified under s. 514.071 on or after July 1, 2007, must meet
2422	the additional certification requirements of this section within
2423	6 months after receiving certification under s. 514.071.
2424	Reviser's note.-Amended to correct an apparent error
2425	and facilitate correct interpretation. "Developmental
2426	disabilities center" is defined in s. 393.063(10);
2427	"developmental disability" is defined in s.
2428	393.063(9).
2429	Section 70.  Section 526.207, Florida Statutes, is amended
2430	to read:
2431	526.207  Studies and reports.-
2432	(1)  The Department of Agriculture and Consumer Services
2433	shall conduct a study to evaluate and recommend the life-cycle
2434	greenhouse gas emissions associated with all renewable fuels,
2435	including, but not limited to, biodiesel, renewable diesel,
2436	biobutanol, and ethanol derived from any source. In addition,
2437	the department shall evaluate and recommend a requirement that
2438	all renewable fuels introduced into commerce in the state, as a
2439	result of the renewable fuel standard, shall reduce the life-
2440	cycle greenhouse gas emissions by an average percentage. The
2441	department may also evaluate and recommend any benefits
2442	associated with the creation, banking, transfer, and sale of
2443	credits among fuel refiners, blenders, and importers.
2444	(2)  The Department of Agriculture and Consumer Services
2445	shall submit a report containing specific recommendations to the
2446	President of the Senate and the Speaker of the House of
2447	Representatives no later than December 31, 2010.
2448	Reviser's note.-Amended to delete a provision that has
2449	served its purpose.
2450	Section 71.  Subsection (1) of section 538.09, Florida
2451	Statutes, is amended to read:
2452	538.09  Registration.-
2453	(1)  A secondhand dealer shall not engage in the business
2454	of purchasing, consigning, or trading secondhand goods from any
2455	location without registering with the Department of Revenue. A
2456	fee equal to the federal and state costs for processing required
2457	fingerprints must be submitted to the department with each
2458	application for registration. One application is required for
2459	each dealer. If a secondhand dealer is the owner of more than
2460	one secondhand store location, the application must list each
2461	location, and the department shall issue a duplicate
2462	registration for each location. For purposes of subsections (4)
2463	and (5) of this section, these duplicate registrations shall be
2464	deemed individual registrations. A dealer shall pay a fee of $6
2465	per location at the time of registration and an annual renewal
2466	fee of $6 per location on October 1 of each year. All fees
2467	collected, less costs of administration, shall be transferred
2468	into the Operating Operations Trust Fund. The Department of
2469	Revenue shall forward the full set of fingerprints to the
2470	Department of Law Enforcement for state and federal processing,
2471	provided the federal service is available, to be processed for
2472	any criminal justice information as defined in s. 943.045. The
2473	cost of processing such fingerprints shall be payable to the
2474	Department of Law Enforcement by the Department of Revenue. The
2475	department may issue a temporary registration to each location
2476	pending completion of the background check by state and federal
2477	law enforcement agencies, but shall revoke such temporary
2478	registration if the completed background check reveals a
2479	prohibited criminal background. An applicant for a secondhand
2480	dealer registration must be a natural person who has reached the
2481	age of 18 years.
2482	(a)  If the applicant is a partnership, all the partners
2483	must apply.
2484	(b)  If the applicant is a joint venture, association, or
2485	other noncorporate entity, all members of such joint venture,
2486	association, or other noncorporate entity must make application
2487	for registration as natural persons.
2488	(c)  If the applicant is a corporation, the registration
2489	must include the name and address of such corporation's
2490	registered agent for service of process in the state and a
2491	certified copy of statement from the Secretary of State that the
2492	corporation is duly organized in the state or, if the
2493	corporation is organized in a state other than Florida, a
2494	certified copy of statement from the Secretary of State that the
2495	corporation is duly qualified to do business in this state. If
2496	the dealer has more than one location, the application must list
2497	each location owned by the same legal entity and the department
2498	shall issue a duplicate registration for each location.
2499	Reviser's note.-Amended to confirm editorial
2500	substitution of the word "Operating" for the word
2501	"Operations" to conform to the renaming of the trust
2502	fund by s. 1, ch. 2011-28, Laws of Florida.
2503	Section 72.  Paragraph (a) of subsection (1) of section
2504	538.25, Florida Statutes, is amended to read:
2505	538.25  Registration.-
2506	(1)  No person shall engage in business as a secondary
2507	metals recycler at any location without registering with the
2508	department.
2509	(a)  A fee equal to the federal and state costs for
2510	processing required fingerprints must be submitted to the
2511	department with each application for registration. One
2512	application is required for each secondary metals recycler. If a
2513	secondary metals recycler is the owner of more than one
2514	secondary metals recycling location, the application must list
2515	each location, and the department shall issue a duplicate
2516	registration for each location. For purposes of subsections (3),
2517	(4), and (5), these duplicate registrations shall be deemed
2518	individual registrations. A secondary metals recycler shall pay
2519	a fee of $6 per location at the time of registration and an
2520	annual renewal fee of $6 per location on October 1 of each year.
2521	All fees collected, less costs of administration, shall be
2522	transferred into the Operating Operations Trust Fund.
2523	Reviser's note.-Amended to confirm editorial
2524	substitution of the word "Operating" for the word
2525	"Operations" to conform to the renaming of the trust
2526	fund by s. 1, ch. 2011-28, Laws of Florida.
2527	Section 73.  Paragraph (a) of subsection (5) and subsection
2528	(11) of section 553.79, Florida Statutes, are amended to read:
2529	553.79  Permits; applications; issuance; inspections.-
2530	(5)(a)  The enforcing agency shall require a special
2531	inspector to perform structural inspections on a threshold
2532	building pursuant to a structural inspection plan prepared by
2533	the engineer or architect of record. The structural inspection
2534	plan must be submitted to and approved by the enforcing agency
2535	prior to the issuance of a building permit for the construction
2536	of a threshold building. The purpose of the structural
2537	inspection plan is to provide specific inspection procedures and
2538	schedules so that the building can be adequately inspected for
2539	compliance with the permitted documents. The special inspector
2540	may not serve as a surrogate in carrying out the
2541	responsibilities of the building official, the architect, or the
2542	engineer of record. The contractor's contractual or statutory
2543	obligations are not relieved by any action of the special
2544	inspector. The special inspector shall determine that a
2545	professional engineer who specializes in shoring design has
2546	inspected the shoring and reshoring for conformance with the
2547	shoring and reshoring plans submitted to the enforcing agency. A
2548	fee simple title owner of a building, which does not meet the
2549	minimum size, height, occupancy, occupancy classification, or
2550	number-of-stories criteria which would result in classification
2551	as a threshold building under s. 553.71(11) 553.71(7), may
2552	designate such building as a threshold building, subject to more
2553	than the minimum number of inspections required by the Florida
2554	Building Code.
2555	(11)  Nothing in this section shall be construed to alter
2556	or supplement the provisions of part I IV of this chapter
2557	relating to manufactured buildings.
2558	Reviser's note.-Paragraph (5)(a) is amended to conform
2559	to the redesignation of s. 553.71(7) as s. 553.71(11)
2560	by s. 413, ch. 2011-142, Laws of Florida. Subsection
2561	(11) is amended to conform to context; part I of
2562	chapter 553 relates to manufactured buildings; part IV
2563	relates to the Florida Building Code.
2564	Section 74.  Section 590.33, Florida Statutes, is amended
2565	to read:
2566	590.33  State compact administrator; compact advisory
2567	committee.-In pursuance of art. III of the compact, the director
2568	of the division shall act as compact administrator for Florida
2569	of the Southeastern Interstate Forest Fire Protection Compact
2570	during his or her term of office as director, and his or her
2571	successor as compact administrator shall be his or her successor
2572	as director of the division. As compact administrator, he or she
2573	shall be an ex officio member of the advisory committee of the
2574	Southeastern Interstate Forest Fire Protection Compact, and
2575	chair ex officio of the Florida members of the advisory
2576	committee. There shall be four members of the Southeastern
2577	Interstate Forest Fire Protection Compact Advisory Committee
2578	from Florida. Two of the members from Florida shall be members
2579	of the Legislature of Florida, one from the Senate designated by
2580	the President of the Senate and one from the House of
2581	Representatives designated by the Speaker of the House of
2582	Representatives, and the terms of any such members shall
2583	terminate at the time they cease to hold legislative office, and
2584	their successors as members shall be named in like manner. The
2585	Governor shall appoint the other two members from Florida, one
2586	of whom shall be associated with forestry or forest products
2587	industries. The terms of such members shall be 3 years and such
2588	members shall hold office until their respective successors
2589	shall be appointed and qualified. Vacancies occurring in the
2590	office of such members from any reason or cause shall be filled
2591	by appointment by the Governor for the unexpired term. The
2592	director of the division as compact administrator for Florida
2593	may delegate, from time to time, to any deputy or other
2594	subordinate in his or her department or office, the power to be
2595	present and participate, including voting as his or her
2596	representative or substitute at any meeting of or hearing by or
2597	other proceeding of the compact administrators or of the
2598	advisory committee. The terms of each of the initial four
2599	memberships, whether appointed at said time or not, shall begin
2600	upon the date upon which the compact shall become effective in
2601	accordance with art. II of said compact. Any member of the
2602	advisory committee may be removed from office by the Governor
2603	upon charges and after a hearing.
2604	Reviser's note.-Amended to confirm editorial insertion
2605	of the words "of Representatives."
2606	Section 75.  Paragraph (a) of subsection (2) of section
2607	604.50, Florida Statutes, is amended to read:
2608	604.50  Nonresidential farm buildings and farm fences.-
2609	(2)  As used in this section, the term:
2610	(a)  "Nonresidential farm building" means any temporary or
2611	permanent building or support structure that is classified as a
2612	nonresidential farm building on a farm under s. 553.73(10)(c)
2613	553.73(9)(c) or that is used primarily for agricultural
2614	purposes, is located on land that is an integral part of a farm
2615	operation or is classified as agricultural land under s.
2616	193.461, and is not intended to be used as a residential
2617	dwelling. The term may include, but is not limited to, a barn,
2618	greenhouse, shade house, farm office, storage building, or
2619	poultry house.
2620	Reviser's note.-Amended to conform to the
2621	redesignation of s. 553.73(9)(c) as s. 553.73(10)(c)
2622	by s. 32, ch. 2010-176, Laws of Florida.
2623	Section 76.  Subsection (4) of section 627.0628, Florida
2624	Statutes, is amended to read:
2625	627.0628  Florida Commission on Hurricane Loss Projection
2626	Methodology; public records exemption; public meetings
2627	exemption.-
2628	(4)  REVIEW OF DISCOUNTS, CREDITS, OTHER RATE
2629	DIFFERENTIALS, AND REDUCTIONS IN DEDUCTIBLES RELATING TO
2630	WINDSTORM MITIGATION.-The commission shall hold public meetings
2631	for the purpose of receiving testimony and data regarding the
2632	implementation of windstorm mitigation discounts, credits, other
2633	rate differentials, and appropriate reductions in deductibles
2634	pursuant to s. 627.0629. After reviewing the testimony and data
2635	as well as any other information the commission deems
2636	appropriate, the commission shall present a report by February
2637	1, 2010, to the Governor, the Cabinet, the President of the
2638	Senate, and the Speaker of the House of Representatives,
2639	including recommendations on improving the process of assessing,
2640	determining, and applying windstorm mitigation discounts,
2641	credits, other rate differentials, and appropriate reductions in
2642	deductibles pursuant to s. 627.0629.
2643	Reviser's note.-Amended to delete a provision that has
2644	served its purpose.
2645	Section 77.  Paragraph (b) of subsection (2) and paragraphs
2646	(b), (c), (q), and (v) of subsection (6) of section 627.351,
2647	Florida Statutes, are amended to read:
2648	627.351  Insurance risk apportionment plans.-
2649	(2)  WINDSTORM INSURANCE RISK APPORTIONMENT.-
2650	(b)  The department shall require all insurers holding a
2651	certificate of authority to transact property insurance on a
2652	direct basis in this state, other than joint underwriting
2653	associations and other entities formed pursuant to this section,
2654	to provide windstorm coverage to applicants from areas
2655	determined to be eligible pursuant to paragraph (c) who in good
2656	faith are entitled to, but are unable to procure, such coverage
2657	through ordinary means; or it shall adopt a reasonable plan or
2658	plans for the equitable apportionment or sharing among such
2659	insurers of windstorm coverage, which may include formation of
2660	an association for this purpose. As used in this subsection, the
2661	term "property insurance" means insurance on real or personal
2662	property, as defined in s. 624.604, including insurance for
2663	fire, industrial fire, allied lines, farmowners multiperil,
2664	homeowners' multiperil, commercial multiperil, and mobile homes,
2665	and including liability coverages on all such insurance, but
2666	excluding inland marine as defined in s. 624.607(3) and
2667	excluding vehicle insurance as defined in s. 624.605(1)(a) other
2668	than insurance on mobile homes used as permanent dwellings. The
2669	department shall adopt rules that provide a formula for the
2670	recovery and repayment of any deferred assessments.
2671	1.  For the purpose of this section, properties eligible
2672	for such windstorm coverage are defined as dwellings, buildings,
2673	and other structures, including mobile homes which are used as
2674	dwellings and which are tied down in compliance with mobile home
2675	tie-down requirements prescribed by the Department of Highway
2676	Safety and Motor Vehicles pursuant to s. 320.8325, and the
2677	contents of all such properties. An applicant or policyholder is
2678	eligible for coverage only if an offer of coverage cannot be
2679	obtained by or for the applicant or policyholder from an
2680	admitted insurer at approved rates.
2681	2.a.(I)  All insurers required to be members of such
2682	association shall participate in its writings, expenses, and
2683	losses. Surplus of the association shall be retained for the
2684	payment of claims and shall not be distributed to the member
2685	insurers. Such participation by member insurers shall be in the
2686	proportion that the net direct premiums of each member insurer
2687	written for property insurance in this state during the
2688	preceding calendar year bear to the aggregate net direct
2689	premiums for property insurance of all member insurers, as
2690	reduced by any credits for voluntary writings, in this state
2691	during the preceding calendar year. For the purposes of this
2692	subsection, the term "net direct premiums" means direct written
2693	premiums for property insurance, reduced by premium for
2694	liability coverage and for the following if included in allied
2695	lines: rain and hail on growing crops; livestock; association
2696	direct premiums booked; National Flood Insurance Program direct
2697	premiums; and similar deductions specifically authorized by the
2698	plan of operation and approved by the department. A member's
2699	participation shall begin on the first day of the calendar year
2700	following the year in which it is issued a certificate of
2701	authority to transact property insurance in the state and shall
2702	terminate 1 year after the end of the calendar year during which
2703	it no longer holds a certificate of authority to transact
2704	property insurance in the state. The commissioner, after review
2705	of annual statements, other reports, and any other statistics
2706	that the commissioner deems necessary, shall certify to the
2707	association the aggregate direct premiums written for property
2708	insurance in this state by all member insurers.
2709	(II)  Effective July 1, 2002, the association shall operate
2710	subject to the supervision and approval of a board of governors
2711	who are the same individuals that have been appointed by the
2712	Treasurer to serve on the board of governors of the Citizens
2713	Property Insurance Corporation.
2714	(III)  The plan of operation shall provide a formula
2715	whereby a company voluntarily providing windstorm coverage in
2716	affected areas will be relieved wholly or partially from
2717	apportionment of a regular assessment pursuant to sub-sub-
2718	subparagraph d.(I) or sub-sub-subparagraph d.(II).
2719	(IV)  A company which is a member of a group of companies
2720	under common management may elect to have its credits applied on
2721	a group basis, and any company or group may elect to have its
2722	credits applied to any other company or group.
2723	(V)  There shall be no credits or relief from apportionment
2724	to a company for emergency assessments collected from its
2725	policyholders under sub-sub-subparagraph d.(III).
2726	(VI)  The plan of operation may also provide for the award
2727	of credits, for a period not to exceed 3 years, from a regular
2728	assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub-
2729	subparagraph d.(II) as an incentive for taking policies out of
2730	the Residential Property and Casualty Joint Underwriting
2731	Association. In order to qualify for the exemption under this
2732	sub-sub-subparagraph, the take-out plan must provide that at
2733	least 40 percent of the policies removed from the Residential
2734	Property and Casualty Joint Underwriting Association cover risks
2735	located in Miami-Dade, Broward, and Palm Beach Counties or at
2736	least 30 percent of the policies so removed cover risks located
2737	in Miami-Dade, Broward, and Palm Beach Counties and an
2738	additional 50 percent of the policies so removed cover risks
2739	located in other coastal counties, and must also provide that no
2740	more than 15 percent of the policies so removed may exclude
2741	windstorm coverage. With the approval of the department, the
2742	association may waive these geographic criteria for a take-out
2743	plan that removes at least the lesser of 100,000 Residential
2744	Property and Casualty Joint Underwriting Association policies or
2745	15 percent of the total number of Residential Property and
2746	Casualty Joint Underwriting Association policies, provided the
2747	governing board of the Residential Property and Casualty Joint
2748	Underwriting Association certifies that the take-out plan will
2749	materially reduce the Residential Property and Casualty Joint
2750	Underwriting Association's 100-year probable maximum loss from
2751	hurricanes. With the approval of the department, the board may
2752	extend such credits for an additional year if the insurer
2753	guarantees an additional year of renewability for all policies
2754	removed from the Residential Property and Casualty Joint
2755	Underwriting Association, or for 2 additional years if the
2756	insurer guarantees 2 additional years of renewability for all
2757	policies removed from the Residential Property and Casualty
2758	Joint Underwriting Association.
2759	b.  Assessments to pay deficits in the association under
2760	this subparagraph shall be included as an appropriate factor in
2761	the making of rates as provided in s. 627.3512.
2762	c.  The Legislature finds that the potential for unlimited
2763	deficit assessments under this subparagraph may induce insurers
2764	to attempt to reduce their writings in the voluntary market, and
2765	that such actions would worsen the availability problems that
2766	the association was created to remedy. It is the intent of the
2767	Legislature that insurers remain fully responsible for paying
2768	regular assessments and collecting emergency assessments for any
2769	deficits of the association; however, it is also the intent of
2770	the Legislature to provide a means by which assessment
2771	liabilities may be amortized over a period of years.
2772	d.(I)  When the deficit incurred in a particular calendar
2773	year is 10 percent or less of the aggregate statewide direct
2774	written premium for property insurance for the prior calendar
2775	year for all member insurers, the association shall levy an
2776	assessment on member insurers in an amount equal to the deficit.
2777	(II)  When the deficit incurred in a particular calendar
2778	year exceeds 10 percent of the aggregate statewide direct
2779	written premium for property insurance for the prior calendar
2780	year for all member insurers, the association shall levy an
2781	assessment on member insurers in an amount equal to the greater
2782	of 10 percent of the deficit or 10 percent of the aggregate
2783	statewide direct written premium for property insurance for the
2784	prior calendar year for member insurers. Any remaining deficit
2785	shall be recovered through emergency assessments under sub-sub-
2786	subparagraph (III).
2787	(III)  Upon a determination by the board of directors that
2788	a deficit exceeds the amount that will be recovered through
2789	regular assessments on member insurers, pursuant to sub-sub-
2790	subparagraph (I) or sub-sub-subparagraph (II), the board shall
2791	levy, after verification by the department, emergency
2792	assessments to be collected by member insurers and by
2793	underwriting associations created pursuant to this section which
2794	write property insurance, upon issuance or renewal of property
2795	insurance policies other than National Flood Insurance policies
2796	in the year or years following levy of the regular assessments.
2797	The amount of the emergency assessment collected in a particular
2798	year shall be a uniform percentage of that year's direct written
2799	premium for property insurance for all member insurers and
2800	underwriting associations, excluding National Flood Insurance
2801	policy premiums, as annually determined by the board and
2802	verified by the department. The department shall verify the
2803	arithmetic calculations involved in the board's determination
2804	within 30 days after receipt of the information on which the
2805	determination was based. Notwithstanding any other provision of
2806	law, each member insurer and each underwriting association
2807	created pursuant to this section shall collect emergency
2808	assessments from its policyholders without such obligation being
2809	affected by any credit, limitation, exemption, or deferment. The
2810	emergency assessments so collected shall be transferred directly
2811	to the association on a periodic basis as determined by the
2812	association. The aggregate amount of emergency assessments
2813	levied under this sub-sub-subparagraph in any calendar year may
2814	not exceed the greater of 10 percent of the amount needed to
2815	cover the original deficit, plus interest, fees, commissions,
2816	required reserves, and other costs associated with financing of
2817	the original deficit, or 10 percent of the aggregate statewide
2818	direct written premium for property insurance written by member
2819	insurers and underwriting associations for the prior year, plus
2820	interest, fees, commissions, required reserves, and other costs
2821	associated with financing the original deficit. The board may
2822	pledge the proceeds of the emergency assessments under this sub-
2823	sub-subparagraph as the source of revenue for bonds, to retire
2824	any other debt incurred as a result of the deficit or events
2825	giving rise to the deficit, or in any other way that the board
2826	determines will efficiently recover the deficit. The emergency
2827	assessments under this sub-sub-subparagraph shall continue as
2828	long as any bonds issued or other indebtedness incurred with
2829	respect to a deficit for which the assessment was imposed remain
2830	outstanding, unless adequate provision has been made for the
2831	payment of such bonds or other indebtedness pursuant to the
2832	document governing such bonds or other indebtedness. Emergency
2833	assessments collected under this sub-sub-subparagraph are not
2834	part of an insurer's rates, are not premium, and are not subject
2835	to premium tax, fees, or commissions; however, failure to pay
2836	the emergency assessment shall be treated as failure to pay
2837	premium.
2838	(IV)  Each member insurer's share of the total regular
2839	assessments under sub-sub-subparagraph (I) or sub-sub-
2840	subparagraph (II) shall be in the proportion that the insurer's
2841	net direct premium for property insurance in this state, for the
2842	year preceding the assessment bears to the aggregate statewide
2843	net direct premium for property insurance of all member
2844	insurers, as reduced by any credits for voluntary writings for
2845	that year.
2846	(V)  If regular deficit assessments are made under sub-sub-
2847	subparagraph (I) or sub-sub-subparagraph (II), or by the
2848	Residential Property and Casualty Joint Underwriting Association
2849	under sub-subparagraph (6)(b)3.a. or sub-subparagraph
2850	(6)(b)3.b., the association shall levy upon the association's
2851	policyholders, as part of its next rate filing, or by a separate
2852	rate filing solely for this purpose, a market equalization
2853	surcharge in a percentage equal to the total amount of such
2854	regular assessments divided by the aggregate statewide direct
2855	written premium for property insurance for member insurers for
2856	the prior calendar year. Market equalization surcharges under
2857	this sub-sub-subparagraph are not considered premium and are not
2858	subject to commissions, fees, or premium taxes; however, failure
2859	to pay a market equalization surcharge shall be treated as
2860	failure to pay premium.
2861	e.  The governing body of any unit of local government, any
2862	residents of which are insured under the plan, may issue bonds
2863	as defined in s. 125.013 or s. 166.101 to fund an assistance
2864	program, in conjunction with the association, for the purpose of
2865	defraying deficits of the association. In order to avoid
2866	needless and indiscriminate proliferation, duplication, and
2867	fragmentation of such assistance programs, any unit of local
2868	government, any residents of which are insured by the
2869	association, may provide for the payment of losses, regardless
2870	of whether or not the losses occurred within or outside of the
2871	territorial jurisdiction of the local government. Revenue bonds
2872	may not be issued until validated pursuant to chapter 75, unless
2873	a state of emergency is declared by executive order or
2874	proclamation of the Governor pursuant to s. 252.36 making such
2875	findings as are necessary to determine that it is in the best
2876	interests of, and necessary for, the protection of the public
2877	health, safety, and general welfare of residents of this state
2878	and the protection and preservation of the economic stability of
2879	insurers operating in this state, and declaring it an essential
2880	public purpose to permit certain municipalities or counties to
2881	issue bonds as will provide relief to claimants and
2882	policyholders of the association and insurers responsible for
2883	apportionment of plan losses. Any such unit of local government
2884	may enter into such contracts with the association and with any
2885	other entity created pursuant to this subsection as are
2886	necessary to carry out this paragraph. Any bonds issued under
2887	this sub-subparagraph shall be payable from and secured by
2888	moneys received by the association from assessments under this
2889	subparagraph, and assigned and pledged to or on behalf of the
2890	unit of local government for the benefit of the holders of such
2891	bonds. The funds, credit, property, and taxing power of the
2892	state or of the unit of local government shall not be pledged
2893	for the payment of such bonds. If any of the bonds remain unsold
2894	60 days after issuance, the department shall require all
2895	insurers subject to assessment to purchase the bonds, which
2896	shall be treated as admitted assets; each insurer shall be
2897	required to purchase that percentage of the unsold portion of
2898	the bond issue that equals the insurer's relative share of
2899	assessment liability under this subsection. An insurer shall not
2900	be required to purchase the bonds to the extent that the
2901	department determines that the purchase would endanger or impair
2902	the solvency of the insurer. The authority granted by this sub-
2903	subparagraph is additional to any bonding authority granted by
2904	subparagraph 6.
2905	3.  The plan shall also provide that any member with a
2906	surplus as to policyholders of $20 million or less writing 25
2907	percent or more of its total countrywide property insurance
2908	premiums in this state may petition the department, within the
2909	first 90 days of each calendar year, to qualify as a limited
2910	apportionment company. The apportionment of such a member
2911	company in any calendar year for which it is qualified shall not
2912	exceed its gross participation, which shall not be affected by
2913	the formula for voluntary writings. In no event shall a limited
2914	apportionment company be required to participate in any
2915	apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
2916	or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
2917	$50 million after payment of available plan funds in any
2918	calendar year. However, a limited apportionment company shall
2919	collect from its policyholders any emergency assessment imposed
2920	under sub-sub-subparagraph 2.d.(III). The plan shall provide
2921	that, if the department determines that any regular assessment
2922	will result in an impairment of the surplus of a limited
2923	apportionment company, the department may direct that all or
2924	part of such assessment be deferred. However, there shall be no
2925	limitation or deferment of an emergency assessment to be
2926	collected from policyholders under sub-sub-subparagraph
2927	2.d.(III).
2928	4.  The plan shall provide for the deferment, in whole or
2929	in part, of a regular assessment of a member insurer under sub-
2930	sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but
2931	not for an emergency assessment collected from policyholders
2932	under sub-sub-subparagraph 2.d.(III), if, in the opinion of the
2933	commissioner, payment of such regular assessment would endanger
2934	or impair the solvency of the member insurer. In the event a
2935	regular assessment against a member insurer is deferred in whole
2936	or in part, the amount by which such assessment is deferred may
2937	be assessed against the other member insurers in a manner
2938	consistent with the basis for assessments set forth in sub-sub-
2939	subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
2940	5.a.  The plan of operation may include deductibles and
2941	rules for classification of risks and rate modifications
2942	consistent with the objective of providing and maintaining funds
2943	sufficient to pay catastrophe losses.
2944	b.  It is the intent of the Legislature that the rates for
2945	coverage provided by the association be actuarially sound and
2946	not competitive with approved rates charged in the admitted
2947	voluntary market such that the association functions as a
2948	residual market mechanism to provide insurance only when the
2949	insurance cannot be procured in the voluntary market. The plan
2950	of operation shall provide a mechanism to assure that, beginning
2951	no later than January 1, 1999, the rates charged by the
2952	association for each line of business are reflective of approved
2953	rates in the voluntary market for hurricane coverage for each
2954	line of business in the various areas eligible for association
2955	coverage.
2956	c.  The association shall provide for windstorm coverage on
2957	residential properties in limits up to $10 million for
2958	commercial lines residential risks and up to $1 million for
2959	personal lines residential risks. If coverage with the
2960	association is sought for a residential risk valued in excess of
2961	these limits, coverage shall be available to the risk up to the
2962	replacement cost or actual cash value of the property, at the
2963	option of the insured, if coverage for the risk cannot be
2964	located in the authorized market. The association must accept a
2965	commercial lines residential risk with limits above $10 million
2966	or a personal lines residential risk with limits above $1
2967	million if coverage is not available in the authorized market.
2968	The association may write coverage above the limits specified in
2969	this subparagraph with or without facultative or other
2970	reinsurance coverage, as the association determines appropriate.
2971	d.  The plan of operation must provide objective criteria
2972	and procedures, approved by the department, to be uniformly
2973	applied for all applicants in determining whether an individual
2974	risk is so hazardous as to be uninsurable. In making this
2975	determination and in establishing the criteria and procedures,
2976	the following shall be considered:
2977	(I)  Whether the likelihood of a loss for the individual
2978	risk is substantially higher than for other risks of the same
2979	class; and
2980	(II)  Whether the uncertainty associated with the
2981	individual risk is such that an appropriate premium cannot be
2982	determined.
2983
2984	The acceptance or rejection of a risk by the association
2985	pursuant to such criteria and procedures must be construed as
2986	the private placement of insurance, and the provisions of
2987	chapter 120 do not apply.
2988	e.  If the risk accepts an offer of coverage through the
2989	market assistance program or through a mechanism established by
2990	the association, either before the policy is issued by the
2991	association or during the first 30 days of coverage by the
2992	association, and the producing agent who submitted the
2993	application to the association is not currently appointed by the
2994	insurer, the insurer shall:
2995	(I)  Pay to the producing agent of record of the policy,
2996	for the first year, an amount that is the greater of the
2997	insurer's usual and customary commission for the type of policy
2998	written or a fee equal to the usual and customary commission of
2999	the association; or
3000	(II)  Offer to allow the producing agent of record of the
3001	policy to continue servicing the policy for a period of not less
3002	than 1 year and offer to pay the agent the greater of the
3003	insurer's or the association's usual and customary commission
3004	for the type of policy written.
3005
3006	If the producing agent is unwilling or unable to accept
3007	appointment, the new insurer shall pay the agent in accordance
3008	with sub-sub-subparagraph (I). Subject to the provisions of s.
3009	627.3517, the policies issued by the association must provide
3010	that if the association obtains an offer from an authorized
3011	insurer to cover the risk at its approved rates under either a
3012	standard policy including wind coverage or, if consistent with
3013	the insurer's underwriting rules as filed with the department, a
3014	basic policy including wind coverage, the risk is no longer
3015	eligible for coverage through the association. Upon termination
3016	of eligibility, the association shall provide written notice to
3017	the policyholder and agent of record stating that the
3018	association policy must be canceled as of 60 days after the date
3019	of the notice because of the offer of coverage from an
3020	authorized insurer. Other provisions of the insurance code
3021	relating to cancellation and notice of cancellation do not apply
3022	to actions under this sub-subparagraph.
3023	f.  When the association enters into a contractual
3024	agreement for a take-out plan, the producing agent of record of
3025	the association policy is entitled to retain any unearned
3026	commission on the policy, and the insurer shall:
3027	(I)  Pay to the producing agent of record of the
3028	association policy, for the first year, an amount that is the
3029	greater of the insurer's usual and customary commission for the
3030	type of policy written or a fee equal to the usual and customary
3031	commission of the association; or
3032	(II)  Offer to allow the producing agent of record of the
3033	association policy to continue servicing the policy for a period
3034	of not less than 1 year and offer to pay the agent the greater
3035	of the insurer's or the association's usual and customary
3036	commission for the type of policy written.
3037
3038	If the producing agent is unwilling or unable to accept
3039	appointment, the new insurer shall pay the agent in accordance
3040	with sub-sub-subparagraph (I).
3041	6.a.  The plan of operation may authorize the formation of
3042	a private nonprofit corporation, a private nonprofit
3043	unincorporated association, a partnership, a trust, a limited
3044	liability company, or a nonprofit mutual company which may be
3045	empowered, among other things, to borrow money by issuing bonds
3046	or by incurring other indebtedness and to accumulate reserves or
3047	funds to be used for the payment of insured catastrophe losses.
3048	The plan may authorize all actions necessary to facilitate the
3049	issuance of bonds, including the pledging of assessments or
3050	other revenues.
3051	b.  Any entity created under this subsection, or any entity
3052	formed for the purposes of this subsection, may sue and be sued,
3053	may borrow money; issue bonds, notes, or debt instruments;
3054	pledge or sell assessments, market equalization surcharges and
3055	other surcharges, rights, premiums, contractual rights,
3056	projected recoveries from the Florida Hurricane Catastrophe
3057	Fund, other reinsurance recoverables, and other assets as
3058	security for such bonds, notes, or debt instruments; enter into
3059	any contracts or agreements necessary or proper to accomplish
3060	such borrowings; and take other actions necessary to carry out
3061	the purposes of this subsection. The association may issue bonds
3062	or incur other indebtedness, or have bonds issued on its behalf
3063	by a unit of local government pursuant to subparagraph (6)(q)2.,
3064	in the absence of a hurricane or other weather-related event,
3065	upon a determination by the association subject to approval by
3066	the department that such action would enable it to efficiently
3067	meet the financial obligations of the association and that such
3068	financings are reasonably necessary to effectuate the
3069	requirements of this subsection. Any such entity may accumulate
3070	reserves and retain surpluses as of the end of any association
3071	year to provide for the payment of losses incurred by the
3072	association during that year or any future year. The association
3073	shall incorporate and continue the plan of operation and
3074	articles of agreement in effect on the effective date of chapter
3075	76-96, Laws of Florida, to the extent that it is not
3076	inconsistent with chapter 76-96, and as subsequently modified
3077	consistent with chapter 76-96. The board of directors and
3078	officers currently serving shall continue to serve until their
3079	successors are duly qualified as provided under the plan. The
3080	assets and obligations of the plan in effect immediately prior
3081	to the effective date of chapter 76-96 shall be construed to be
3082	the assets and obligations of the successor plan created herein.
3083	c.  In recognition of s. 10, Art. I of the State
3084	Constitution, prohibiting the impairment of obligations of
3085	contracts, it is the intent of the Legislature that no action be
3086	taken whose purpose is to impair any bond indenture or financing
3087	agreement or any revenue source committed by contract to such
3088	bond or other indebtedness issued or incurred by the association
3089	or any other entity created under this subsection.
3090	7.  On such coverage, an agent's remuneration shall be that
3091	amount of money payable to the agent by the terms of his or her
3092	contract with the company with which the business is placed.
3093	However, no commission will be paid on that portion of the
3094	premium which is in excess of the standard premium of that
3095	company.
3096	8.  Subject to approval by the department, the association
3097	may establish different eligibility requirements and operational
3098	procedures for any line or type of coverage for any specified
3099	eligible area or portion of an eligible area if the board
3100	determines that such changes to the eligibility requirements and
3101	operational procedures are justified due to the voluntary market
3102	being sufficiently stable and competitive in such area or for
3103	such line or type of coverage and that consumers who, in good
3104	faith, are unable to obtain insurance through the voluntary
3105	market through ordinary methods would continue to have access to
3106	coverage from the association. When coverage is sought in
3107	connection with a real property transfer, such requirements and
3108	procedures shall not provide for an effective date of coverage
3109	later than the date of the closing of the transfer as
3110	established by the transferor, the transferee, and, if
3111	applicable, the lender.
3112	9.  Notwithstanding any other provision of law:
3113	a.  The pledge or sale of, the lien upon, and the security
3114	interest in any rights, revenues, or other assets of the
3115	association created or purported to be created pursuant to any
3116	financing documents to secure any bonds or other indebtedness of
3117	the association shall be and remain valid and enforceable,
3118	notwithstanding the commencement of and during the continuation
3119	of, and after, any rehabilitation, insolvency, liquidation,
3120	bankruptcy, receivership, conservatorship, reorganization, or
3121	similar proceeding against the association under the laws of
3122	this state or any other applicable laws.
3123	b.  No such proceeding shall relieve the association of its
3124	obligation, or otherwise affect its ability to perform its
3125	obligation, to continue to collect, or levy and collect,
3126	assessments, market equalization or other surcharges, projected
3127	recoveries from the Florida Hurricane Catastrophe Fund,
3128	reinsurance recoverables, or any other rights, revenues, or
3129	other assets of the association pledged.
3130	c.  Each such pledge or sale of, lien upon, and security
3131	interest in, including the priority of such pledge, lien, or
3132	security interest, any such assessments, emergency assessments,
3133	market equalization or renewal surcharges, projected recoveries
3134	from the Florida Hurricane Catastrophe Fund, reinsurance
3135	recoverables, or other rights, revenues, or other assets which
3136	are collected, or levied and collected, after the commencement
3137	of and during the pendency of or after any such proceeding shall
3138	continue unaffected by such proceeding.
3139	d.  As used in this subsection, the term "financing
3140	documents" means any agreement, instrument, or other document
3141	now existing or hereafter created evidencing any bonds or other
3142	indebtedness of the association or pursuant to which any such
3143	bonds or other indebtedness has been or may be issued and
3144	pursuant to which any rights, revenues, or other assets of the
3145	association are pledged or sold to secure the repayment of such
3146	bonds or indebtedness, together with the payment of interest on
3147	such bonds or such indebtedness, or the payment of any other
3148	obligation of the association related to such bonds or
3149	indebtedness.
3150	e.  Any such pledge or sale of assessments, revenues,
3151	contract rights or other rights or assets of the association
3152	shall constitute a lien and security interest, or sale, as the
3153	case may be, that is immediately effective and attaches to such
3154	assessments, revenues, contract, or other rights or assets,
3155	whether or not imposed or collected at the time the pledge or
3156	sale is made. Any such pledge or sale is effective, valid,
3157	binding, and enforceable against the association or other entity
3158	making such pledge or sale, and valid and binding against and
3159	superior to any competing claims or obligations owed to any
3160	other person or entity, including policyholders in this state,
3161	asserting rights in any such assessments, revenues, contract, or
3162	other rights or assets to the extent set forth in and in
3163	accordance with the terms of the pledge or sale contained in the
3164	applicable financing documents, whether or not any such person
3165	or entity has notice of such pledge or sale and without the need
3166	for any physical delivery, recordation, filing, or other action.
3167	f.  There shall be no liability on the part of, and no
3168	cause of action of any nature shall arise against, any member
3169	insurer or its agents or employees, agents or employees of the
3170	association, members of the board of directors of the
3171	association, or the department or its representatives, for any
3172	action taken by them in the performance of their duties or
3173	responsibilities under this subsection. Such immunity does not
3174	apply to actions for breach of any contract or agreement
3175	pertaining to insurance, or any willful tort.
3176	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.-
3177	(b)1.  All insurers authorized to write one or more subject
3178	lines of business in this state are subject to assessment by the
3179	corporation and, for the purposes of this subsection, are
3180	referred to collectively as "assessable insurers." Insurers
3181	writing one or more subject lines of business in this state
3182	pursuant to part VIII of chapter 626 are not assessable
3183	insurers, but insureds who procure one or more subject lines of
3184	business in this state pursuant to part VIII of chapter 626 are
3185	subject to assessment by the corporation and are referred to
3186	collectively as "assessable insureds." An insurer's assessment
3187	liability begins on the first day of the calendar year following
3188	the year in which the insurer was issued a certificate of
3189	authority to transact insurance for subject lines of business in
3190	this state and terminates 1 year after the end of the first
3191	calendar year during which the insurer no longer holds a
3192	certificate of authority to transact insurance for subject lines
3193	of business in this state.
3194	2.a.  All revenues, assets, liabilities, losses, and
3195	expenses of the corporation shall be divided into three separate
3196	accounts as follows:
3197	(I)  A personal lines account for personal residential
3198	policies issued by the corporation, or issued by the Residential
3199	Property and Casualty Joint Underwriting Association and renewed
3200	by the corporation, which provides comprehensive, multiperil
3201	coverage on risks that are not located in areas eligible for
3202	coverage by the Florida Windstorm Underwriting Association as
3203	those areas were defined on January 1, 2002, and for policies
3204	that do not provide coverage for the peril of wind on risks that
3205	are located in such areas;
3206	(II)  A commercial lines account for commercial residential
3207	and commercial nonresidential policies issued by the
3208	corporation, or issued by the Residential Property and Casualty
3209	Joint Underwriting Association and renewed by the corporation,
3210	which provides coverage for basic property perils on risks that
3211	are not located in areas eligible for coverage by the Florida
3212	Windstorm Underwriting Association as those areas were defined
3213	on January 1, 2002, and for policies that do not provide
3214	coverage for the peril of wind on risks that are located in such
3215	areas; and
3216	(III)  A coastal account for personal residential policies
3217	and commercial residential and commercial nonresidential
3218	property policies issued by the corporation, or transferred to
3219	the corporation, which provides coverage for the peril of wind
3220	on risks that are located in areas eligible for coverage by the
3221	Florida Windstorm Underwriting Association as those areas were
3222	defined on January 1, 2002. The corporation may offer policies
3223	that provide multiperil coverage and the corporation shall
3224	continue to offer policies that provide coverage only for the
3225	peril of wind for risks located in areas eligible for coverage
3226	in the coastal account. In issuing multiperil coverage, the
3227	corporation may use its approved policy forms and rates for the
3228	personal lines account. An applicant or insured who is eligible
3229	to purchase a multiperil policy from the corporation may
3230	purchase a multiperil policy from an authorized insurer without
3231	prejudice to the applicant's or insured's eligibility to
3232	prospectively purchase a policy that provides coverage only for
3233	the peril of wind from the corporation. An applicant or insured
3234	who is eligible for a corporation policy that provides coverage
3235	only for the peril of wind may elect to purchase or retain such
3236	policy and also purchase or retain coverage excluding wind from
3237	an authorized insurer without prejudice to the applicant's or
3238	insured's eligibility to prospectively purchase a policy that
3239	provides multiperil coverage from the corporation. It is the
3240	goal of the Legislature that there be an overall average savings
3241	of 10 percent or more for a policyholder who currently has a
3242	wind-only policy with the corporation, and an ex-wind policy
3243	with a voluntary insurer or the corporation, and who obtains a
3244	multiperil policy from the corporation. It is the intent of the
3245	Legislature that the offer of multiperil coverage in the coastal
3246	account be made and implemented in a manner that does not
3247	adversely affect the tax-exempt status of the corporation or
3248	creditworthiness of or security for currently outstanding
3249	financing obligations or credit facilities of the coastal
3250	account, the personal lines account, or the commercial lines
3251	account. The coastal account must also include quota share
3252	primary insurance under subparagraph (c)2. The area eligible for
3253	coverage under the coastal account also includes the area within
3254	Port Canaveral, which is bordered on the south by the City of
3255	Cape Canaveral, bordered on the west by the Banana River, and
3256	bordered on the north by Federal Government property.
3257	b.  The three separate accounts must be maintained as long
3258	as financing obligations entered into by the Florida Windstorm
3259	Underwriting Association or Residential Property and Casualty
3260	Joint Underwriting Association are outstanding, in accordance
3261	with the terms of the corresponding financing documents. If the
3262	financing obligations are no longer outstanding, the corporation
3263	may use a single account for all revenues, assets, liabilities,
3264	losses, and expenses of the corporation. Consistent with this
3265	subparagraph and prudent investment policies that minimize the
3266	cost of carrying debt, the board shall exercise its best efforts
3267	to retire existing debt or obtain the approval of necessary
3268	parties to amend the terms of existing debt, so as to structure
3269	the most efficient plan to consolidate the three separate
3270	accounts into a single account.
3271	c.  Creditors of the Residential Property and Casualty
3272	Joint Underwriting Association and the accounts specified in
3273	sub-sub-subparagraphs a.(I) and (II) may have a claim against,
3274	and recourse to, those accounts and no claim against, or
3275	recourse to, the account referred to in sub-sub-subparagraph
3276	a.(III). Creditors of the Florida Windstorm Underwriting
3277	Association have a claim against, and recourse to, the account
3278	referred to in sub-sub-subparagraph a.(III) and no claim
3279	against, or recourse to, the accounts referred to in sub-sub-
3280	subparagraphs a.(I) and (II).
3281	d.  Revenues, assets, liabilities, losses, and expenses not
3282	attributable to particular accounts shall be prorated among the
3283	accounts.
3284	e.  The Legislature finds that the revenues of the
3285	corporation are revenues that are necessary to meet the
3286	requirements set forth in documents authorizing the issuance of
3287	bonds under this subsection.
3288	f.  No part of the income of the corporation may inure to
3289	the benefit of any private person.
3290	3.  With respect to a deficit in an account:
3291	a.  After accounting for the Citizens policyholder
3292	surcharge imposed under sub-subparagraph h., if the remaining
3293	projected deficit incurred in a particular calendar year:
3294	(I)  Is not greater than 6 percent of the aggregate
3295	statewide direct written premium for the subject lines of
3296	business for the prior calendar year, the entire deficit shall
3297	be recovered through regular assessments of assessable insurers
3298	under paragraph (q) and assessable insureds.
3299	(II)  Exceeds 6 percent of the aggregate statewide direct
3300	written premium for the subject lines of business for the prior
3301	calendar year, the corporation shall levy regular assessments on
3302	assessable insurers under paragraph (q) and on assessable
3303	insureds in an amount equal to the greater of 6 percent of the
3304	deficit or 6 percent of the aggregate statewide direct written
3305	premium for the subject lines of business for the prior calendar
3306	year. Any remaining deficit shall be recovered through emergency
3307	assessments under sub-subparagraph c.
3308	b.  Each assessable insurer's share of the amount being
3309	assessed under sub-subparagraph a. must be in the proportion
3310	that the assessable insurer's direct written premium for the
3311	subject lines of business for the year preceding the assessment
3312	bears to the aggregate statewide direct written premium for the
3313	subject lines of business for that year. The assessment
3314	percentage applicable to each assessable insured is the ratio of
3315	the amount being assessed under sub-subparagraph a. to the
3316	aggregate statewide direct written premium for the subject lines
3317	of business for the prior year. Assessments levied by the
3318	corporation on assessable insurers under sub-subparagraph a.
3319	must be paid as required by the corporation's plan of operation
3320	and paragraph (q). Assessments levied by the corporation on
3321	assessable insureds under sub-subparagraph a. shall be collected
3322	by the surplus lines agent at the time the surplus lines agent
3323	collects the surplus lines tax required by s. 626.932, and paid
3324	to the Florida Surplus Lines Service Office at the time the
3325	surplus lines agent pays the surplus lines tax to that office.
3326	Upon receipt of regular assessments from surplus lines agents,
3327	the Florida Surplus Lines Service Office shall transfer the
3328	assessments directly to the corporation as determined by the
3329	corporation.
3330	c.  Upon a determination by the board of governors that a
3331	deficit in an account exceeds the amount that will be recovered
3332	through regular assessments under sub-subparagraph a., plus the
3333	amount that is expected to be recovered through surcharges under
3334	sub-subparagraph h., the board, after verification by the
3335	office, shall levy emergency assessments for as many years as
3336	necessary to cover the deficits, to be collected by assessable
3337	insurers and the corporation and collected from assessable
3338	insureds upon issuance or renewal of policies for subject lines
3339	of business, excluding National Flood Insurance policies. The
3340	amount collected in a particular year must be a uniform
3341	percentage of that year's direct written premium for subject
3342	lines of business and all accounts of the corporation, excluding
3343	National Flood Insurance Program policy premiums, as annually
3344	determined by the board and verified by the office. The office
3345	shall verify the arithmetic calculations involved in the board's
3346	determination within 30 days after receipt of the information on
3347	which the determination was based. Notwithstanding any other
3348	provision of law, the corporation and each assessable insurer
3349	that writes subject lines of business shall collect emergency
3350	assessments from its policyholders without such obligation being
3351	affected by any credit, limitation, exemption, or deferment.
3352	Emergency assessments levied by the corporation on assessable
3353	insureds shall be collected by the surplus lines agent at the
3354	time the surplus lines agent collects the surplus lines tax
3355	required by s. 626.932 and paid to the Florida Surplus Lines
3356	Service Office at the time the surplus lines agent pays the
3357	surplus lines tax to that office. The emergency assessments
3358	collected shall be transferred directly to the corporation on a
3359	periodic basis as determined by the corporation and held by the
3360	corporation solely in the applicable account. The aggregate
3361	amount of emergency assessments levied for an account under this
3362	sub-subparagraph in any calendar year may be less than but not
3363	exceed the greater of 10 percent of the amount needed to cover
3364	the deficit, plus interest, fees, commissions, required
3365	reserves, and other costs associated with financing the original
3366	deficit, or 10 percent of the aggregate statewide direct written
3367	premium for subject lines of business and all accounts of the
3368	corporation for the prior year, plus interest, fees,
3369	commissions, required reserves, and other costs associated with
3370	financing the deficit.
3371	d.  The corporation may pledge the proceeds of assessments,
3372	projected recoveries from the Florida Hurricane Catastrophe
3373	Fund, other insurance and reinsurance recoverables, policyholder
3374	surcharges and other surcharges, and other funds available to
3375	the corporation as the source of revenue for and to secure bonds
3376	issued under paragraph (q), bonds or other indebtedness issued
3377	under subparagraph (c)3., or lines of credit or other financing
3378	mechanisms issued or created under this subsection, or to retire
3379	any other debt incurred as a result of deficits or events giving
3380	rise to deficits, or in any other way that the board determines
3381	will efficiently recover such deficits. The purpose of the lines
3382	of credit or other financing mechanisms is to provide additional
3383	resources to assist the corporation in covering claims and
3384	expenses attributable to a catastrophe. As used in this
3385	subsection, the term "assessments" includes regular assessments
3386	under sub-subparagraph a. or subparagraph (q)1. and emergency
3387	assessments under sub-subparagraph c. d. Emergency assessments
3388	collected under sub-subparagraph c. d. are not part of an
3389	insurer's rates, are not premium, and are not subject to premium
3390	tax, fees, or commissions; however, failure to pay the emergency
3391	assessment shall be treated as failure to pay premium. The
3392	emergency assessments under sub-subparagraph c. shall continue
3393	as long as any bonds issued or other indebtedness incurred with
3394	respect to a deficit for which the assessment was imposed remain
3395	outstanding, unless adequate provision has been made for the
3396	payment of such bonds or other indebtedness pursuant to the
3397	documents governing such bonds or indebtedness.
3398	e.  As used in this subsection for purposes of any deficit
3399	incurred on or after January 25, 2007, the term "subject lines
3400	of business" means insurance written by assessable insurers or
3401	procured by assessable insureds for all property and casualty
3402	lines of business in this state, but not including workers'
3403	compensation or medical malpractice. As used in this sub-
3404	subparagraph, the term "property and casualty lines of business"
3405	includes all lines of business identified on Form 2, Exhibit of
3406	Premiums and Losses, in the annual statement required of
3407	authorized insurers under s. 624.424 and any rule adopted under
3408	this section, except for those lines identified as accident and
3409	health insurance and except for policies written under the
3410	National Flood Insurance Program or the Federal Crop Insurance
3411	Program. For purposes of this sub-subparagraph, the term
3412	"workers' compensation" includes both workers' compensation
3413	insurance and excess workers' compensation insurance.
3414	f.  The Florida Surplus Lines Service Office shall
3415	determine annually the aggregate statewide written premium in
3416	subject lines of business procured by assessable insureds and
3417	report that information to the corporation in a form and at a
3418	time the corporation specifies to ensure that the corporation
3419	can meet the requirements of this subsection and the
3420	corporation's financing obligations.
3421	g.  The Florida Surplus Lines Service Office shall verify
3422	the proper application by surplus lines agents of assessment
3423	percentages for regular assessments and emergency assessments
3424	levied under this subparagraph on assessable insureds and assist
3425	the corporation in ensuring the accurate, timely collection and
3426	payment of assessments by surplus lines agents as required by
3427	the corporation.
3428	h.  If a deficit is incurred in any account in 2008 or
3429	thereafter, the board of governors shall levy a Citizens
3430	policyholder surcharge against all policyholders of the
3431	corporation.
3432	(I)  The surcharge shall be levied as a uniform percentage
3433	of the premium for the policy of up to 15 percent of such
3434	premium, which funds shall be used to offset the deficit.
3435	(II)  The surcharge is payable upon cancellation or
3436	termination of the policy, upon renewal of the policy, or upon
3437	issuance of a new policy by the corporation within the first 12
3438	months after the date of the levy or the period of time
3439	necessary to fully collect the surcharge amount.
3440	(III)  The corporation may not levy any regular assessments
3441	under paragraph (q) pursuant to sub-subparagraph a. or sub-
3442	subparagraph b. with respect to a particular year's deficit
3443	until the corporation has first levied the full amount of the
3444	surcharge authorized by this sub-subparagraph.
3445	(IV)  The surcharge is not considered premium and is not
3446	subject to commissions, fees, or premium taxes. However, failure
3447	to pay the surcharge shall be treated as failure to pay premium.
3448	i.  If the amount of any assessments or surcharges
3449	collected from corporation policyholders, assessable insurers or
3450	their policyholders, or assessable insureds exceeds the amount
3451	of the deficits, such excess amounts shall be remitted to and
3452	retained by the corporation in a reserve to be used by the
3453	corporation, as determined by the board of governors and
3454	approved by the office, to pay claims or reduce any past,
3455	present, or future plan-year deficits or to reduce outstanding
3456	debt.
3457	(c)  The corporation's plan of operation:
3458	1.  Must provide for adoption of residential property and
3459	casualty insurance policy forms and commercial residential and
3460	nonresidential property insurance forms, which must be approved
3461	by the office before use. The corporation shall adopt the
3462	following policy forms:
3463	a.  Standard personal lines policy forms that are
3464	comprehensive multiperil policies providing full coverage of a
3465	residential property equivalent to the coverage provided in the
3466	private insurance market under an HO-3, HO-4, or HO-6 policy.
3467	b.  Basic personal lines policy forms that are policies
3468	similar to an HO-8 policy or a dwelling fire policy that provide
3469	coverage meeting the requirements of the secondary mortgage
3470	market, but which is more limited than the coverage under a
3471	standard policy.
3472	c.  Commercial lines residential and nonresidential policy
3473	forms that are generally similar to the basic perils of full
3474	coverage obtainable for commercial residential structures and
3475	commercial nonresidential structures in the admitted voluntary
3476	market.
3477	d.  Personal lines and commercial lines residential
3478	property insurance forms that cover the peril of wind only. The
3479	forms are applicable only to residential properties located in
3480	areas eligible for coverage under the coastal account referred
3481	to in sub-subparagraph (b)2.a.
3482	e.  Commercial lines nonresidential property insurance
3483	forms that cover the peril of wind only. The forms are
3484	applicable only to nonresidential properties located in areas
3485	eligible for coverage under the coastal account referred to in
3486	sub-subparagraph (b)2.a.
3487	f.  The corporation may adopt variations of the policy
3488	forms listed in sub-subparagraphs a.-e. which contain more
3489	restrictive coverage.
3490	2.  Must provide that the corporation adopt a program in
3491	which the corporation and authorized insurers enter into quota
3492	share primary insurance agreements for hurricane coverage, as
3493	defined in s. 627.4025(2)(a), for eligible risks, and adopt
3494	property insurance forms for eligible risks which cover the
3495	peril of wind only.
3496	a.  As used in this subsection, the term:
3497	(I)  "Quota share primary insurance" means an arrangement
3498	in which the primary hurricane coverage of an eligible risk is
3499	provided in specified percentages by the corporation and an
3500	authorized insurer. The corporation and authorized insurer are
3501	each solely responsible for a specified percentage of hurricane
3502	coverage of an eligible risk as set forth in a quota share
3503	primary insurance agreement between the corporation and an
3504	authorized insurer and the insurance contract. The
3505	responsibility of the corporation or authorized insurer to pay
3506	its specified percentage of hurricane losses of an eligible
3507	risk, as set forth in the agreement, may not be altered by the
3508	inability of the other party to pay its specified percentage of
3509	losses. Eligible risks that are provided hurricane coverage
3510	through a quota share primary insurance arrangement must be
3511	provided policy forms that set forth the obligations of the
3512	corporation and authorized insurer under the arrangement,
3513	clearly specify the percentages of quota share primary insurance
3514	provided by the corporation and authorized insurer, and
3515	conspicuously and clearly state that the authorized insurer and
3516	the corporation may not be held responsible beyond their
3517	specified percentage of coverage of hurricane losses.
3518	(II)  "Eligible risks" means personal lines residential and
3519	commercial lines residential risks that meet the underwriting
3520	criteria of the corporation and are located in areas that were
3521	eligible for coverage by the Florida Windstorm Underwriting
3522	Association on January 1, 2002.
3523	b.  The corporation may enter into quota share primary
3524	insurance agreements with authorized insurers at corporation
3525	coverage levels of 90 percent and 50 percent.
3526	c.  If the corporation determines that additional coverage
3527	levels are necessary to maximize participation in quota share
3528	primary insurance agreements by authorized insurers, the
3529	corporation may establish additional coverage levels. However,
3530	the corporation's quota share primary insurance coverage level
3531	may not exceed 90 percent.
3532	d.  Any quota share primary insurance agreement entered
3533	into between an authorized insurer and the corporation must
3534	provide for a uniform specified percentage of coverage of
3535	hurricane losses, by county or territory as set forth by the
3536	corporation board, for all eligible risks of the authorized
3537	insurer covered under the agreement.
3538	e.  Any quota share primary insurance agreement entered
3539	into between an authorized insurer and the corporation is
3540	subject to review and approval by the office. However, such
3541	agreement shall be authorized only as to insurance contracts
3542	entered into between an authorized insurer and an insured who is
3543	already insured by the corporation for wind coverage.
3544	f.  For all eligible risks covered under quota share
3545	primary insurance agreements, the exposure and coverage levels
3546	for both the corporation and authorized insurers shall be
3547	reported by the corporation to the Florida Hurricane Catastrophe
3548	Fund. For all policies of eligible risks covered under such
3549	agreements, the corporation and the authorized insurer must
3550	maintain complete and accurate records for the purpose of
3551	exposure and loss reimbursement audits as required by fund
3552	rules. The corporation and the authorized insurer shall each
3553	maintain duplicate copies of policy declaration pages and
3554	supporting claims documents.
3555	g.  The corporation board shall establish in its plan of
3556	operation standards for quota share agreements which ensure that
3557	there is no discriminatory application among insurers as to the
3558	terms of the agreements, pricing of the agreements, incentive
3559	provisions if any, and consideration paid for servicing policies
3560	or adjusting claims.
3561	h.  The quota share primary insurance agreement between the
3562	corporation and an authorized insurer must set forth the
3563	specific terms under which coverage is provided, including, but
3564	not limited to, the sale and servicing of policies issued under
3565	the agreement by the insurance agent of the authorized insurer
3566	producing the business, the reporting of information concerning
3567	eligible risks, the payment of premium to the corporation, and
3568	arrangements for the adjustment and payment of hurricane claims
3569	incurred on eligible risks by the claims adjuster and personnel
3570	of the authorized insurer. Entering into a quota sharing
3571	insurance agreement between the corporation and an authorized
3572	insurer is voluntary and at the discretion of the authorized
3573	insurer.
3574	3.a.  May provide that the corporation may employ or
3575	otherwise contract with individuals or other entities to provide
3576	administrative or professional services that may be appropriate
3577	to effectuate the plan. The corporation may borrow funds by
3578	issuing bonds or by incurring other indebtedness, and shall have
3579	other powers reasonably necessary to effectuate the requirements
3580	of this subsection, including, without limitation, the power to
3581	issue bonds and incur other indebtedness in order to refinance
3582	outstanding bonds or other indebtedness. The corporation may
3583	seek judicial validation of its bonds or other indebtedness
3584	under chapter 75. The corporation may issue bonds or incur other
3585	indebtedness, or have bonds issued on its behalf by a unit of
3586	local government pursuant to subparagraph (q)2. in the absence
3587	of a hurricane or other weather-related event, upon a
3588	determination by the corporation, subject to approval by the
3589	office, that such action would enable it to efficiently meet the
3590	financial obligations of the corporation and that such
3591	financings are reasonably necessary to effectuate the
3592	requirements of this subsection. The corporation may take all
3593	actions needed to facilitate tax-free status for such bonds or
3594	indebtedness, including formation of trusts or other affiliated
3595	entities. The corporation may pledge assessments, projected
3596	recoveries from the Florida Hurricane Catastrophe Fund, other
3597	reinsurance recoverables, market equalization and other
3598	surcharges, and other funds available to the corporation as
3599	security for bonds or other indebtedness. In recognition of s.
3600	10, Art. I of the State Constitution, prohibiting the impairment
3601	of obligations of contracts, it is the intent of the Legislature
3602	that no action be taken whose purpose is to impair any bond
3603	indenture or financing agreement or any revenue source committed
3604	by contract to such bond or other indebtedness.
3605	b.  To ensure that the corporation is operating in an
3606	efficient and economic manner while providing quality service to
3607	policyholders, applicants, and agents, the board shall
3608	commission an independent third-party consultant having
3609	expertise in insurance company management or insurance company
3610	management consulting to prepare a report and make
3611	recommendations on the relative costs and benefits of
3612	outsourcing various policy issuance and service functions to
3613	private servicing carriers or entities performing similar
3614	functions in the private market for a fee, rather than
3615	performing such functions in-house. In making such
3616	recommendations, the consultant shall consider how other
3617	residual markets, both in this state and around the country,
3618	outsource appropriate functions or use servicing carriers to
3619	better match expenses with revenues that fluctuate based on a
3620	widely varying policy count. The report must be completed by
3621	July 1, 2012. Upon receiving the report, the board shall develop
3622	a plan to implement the report and submit the plan for review,
3623	modification, and approval to the Financial Services Commission.
3624	Upon the commission's approval of the plan, the board shall
3625	begin implementing the plan by January 1, 2013.
3626	4.  Must require that the corporation operate subject to
3627	the supervision and approval of a board of governors consisting
3628	of eight individuals who are residents of this state, from
3629	different geographical areas of this state.
3630	a.  The Governor, the Chief Financial Officer, the
3631	President of the Senate, and the Speaker of the House of
3632	Representatives shall each appoint two members of the board. At
3633	least one of the two members appointed by each appointing
3634	officer must have demonstrated expertise in insurance and is
3635	deemed to be within the scope of the exemption provided in s.
3636	112.313(7)(b). The Chief Financial Officer shall designate one
3637	of the appointees as chair. All board members serve at the
3638	pleasure of the appointing officer. All members of the board are
3639	subject to removal at will by the officers who appointed them.
3640	All board members, including the chair, must be appointed to
3641	serve for 3-year terms beginning annually on a date designated
3642	by the plan. However, for the first term beginning on or after
3643	July 1, 2009, each appointing officer shall appoint one member
3644	of the board for a 2-year term and one member for a 3-year term.
3645	A board vacancy shall be filled for the unexpired term by the
3646	appointing officer. The Chief Financial Officer shall appoint a
3647	technical advisory group to provide information and advice to
3648	the board in connection with the board's duties under this
3649	subsection. The executive director and senior managers of the
3650	corporation shall be engaged by the board and serve at the
3651	pleasure of the board. Any executive director appointed on or
3652	after July 1, 2006, is subject to confirmation by the Senate.
3653	The executive director is responsible for employing other staff
3654	as the corporation may require, subject to review and
3655	concurrence by the board.
3656	b.  The board shall create a Market Accountability Advisory
3657	Committee to assist the corporation in developing awareness of
3658	its rates and its customer and agent service levels in
3659	relationship to the voluntary market insurers writing similar
3660	coverage.
3661	(I)  The members of the advisory committee consist of the
3662	following 11 persons, one of whom must be elected chair by the
3663	members of the committee: four representatives, one appointed by
3664	the Florida Association of Insurance Agents, one by the Florida
3665	Association of Insurance and Financial Advisors, one by the
3666	Professional Insurance Agents of Florida, and one by the Latin
3667	American Association of Insurance Agencies; three
3668	representatives appointed by the insurers with the three highest
3669	voluntary market share of residential property insurance
3670	business in the state; one representative from the Office of
3671	Insurance Regulation; one consumer appointed by the board who is
3672	insured by the corporation at the time of appointment to the
3673	committee; one representative appointed by the Florida
3674	Association of Realtors; and one representative appointed by the
3675	Florida Bankers Association. All members shall be appointed to
3676	3-year terms and may serve for consecutive terms.
3677	(II)  The committee shall report to the corporation at each
3678	board meeting on insurance market issues which may include rates
3679	and rate competition with the voluntary market; service,
3680	including policy issuance, claims processing, and general
3681	responsiveness to policyholders, applicants, and agents; and
3682	matters relating to depopulation.
3683	5.  Must provide a procedure for determining the
3684	eligibility of a risk for coverage, as follows:
3685	a.  Subject to s. 627.3517, with respect to personal lines
3686	residential risks, if the risk is offered coverage from an
3687	authorized insurer at the insurer's approved rate under a
3688	standard policy including wind coverage or, if consistent with
3689	the insurer's underwriting rules as filed with the office, a
3690	basic policy including wind coverage, for a new application to
3691	the corporation for coverage, the risk is not eligible for any
3692	policy issued by the corporation unless the premium for coverage
3693	from the authorized insurer is more than 15 percent greater than
3694	the premium for comparable coverage from the corporation. If the
3695	risk is not able to obtain such offer, the risk is eligible for
3696	a standard policy including wind coverage or a basic policy
3697	including wind coverage issued by the corporation; however, if
3698	the risk could not be insured under a standard policy including
3699	wind coverage regardless of market conditions, the risk is
3700	eligible for a basic policy including wind coverage unless
3701	rejected under subparagraph 8. However, a policyholder of the
3702	corporation or a policyholder removed from the corporation
3703	through an assumption agreement until the end of the assumption
3704	period remains eligible for coverage from the corporation
3705	regardless of any offer of coverage from an authorized insurer
3706	or surplus lines insurer. The corporation shall determine the
3707	type of policy to be provided on the basis of objective
3708	standards specified in the underwriting manual and based on
3709	generally accepted underwriting practices.
3710	(I)  If the risk accepts an offer of coverage through the
3711	market assistance plan or through a mechanism established by the
3712	corporation before a policy is issued to the risk by the
3713	corporation or during the first 30 days of coverage by the
3714	corporation, and the producing agent who submitted the
3715	application to the plan or to the corporation is not currently
3716	appointed by the insurer, the insurer shall:
3717	(A)  Pay to the producing agent of record of the policy for
3718	the first year, an amount that is the greater of the insurer's
3719	usual and customary commission for the type of policy written or
3720	a fee equal to the usual and customary commission of the
3721	corporation; or
3722	(B)  Offer to allow the producing agent of record of the
3723	policy to continue servicing the policy for at least 1 year and
3724	offer to pay the agent the greater of the insurer's or the
3725	corporation's usual and customary commission for the type of
3726	policy written.
3727
3728	If the producing agent is unwilling or unable to accept
3729	appointment, the new insurer shall pay the agent in accordance
3730	with sub-sub-sub-subparagraph (A).
3731	(II)  If the corporation enters into a contractual
3732	agreement for a take-out plan, the producing agent of record of
3733	the corporation policy is entitled to retain any unearned
3734	commission on the policy, and the insurer shall:
3735	(A)  Pay to the producing agent of record, for the first
3736	year, an amount that is the greater of the insurer's usual and
3737	customary commission for the type of policy written or a fee
3738	equal to the usual and customary commission of the corporation;
3739	or
3740	(B)  Offer to allow the producing agent of record to
3741	continue servicing the policy for at least 1 year and offer to
3742	pay the agent the greater of the insurer's or the corporation's
3743	usual and customary commission for the type of policy written.
3744
3745	If the producing agent is unwilling or unable to accept
3746	appointment, the new insurer shall pay the agent in accordance
3747	with sub-sub-sub-subparagraph (A).
3748	b.  With respect to commercial lines residential risks, for
3749	a new application to the corporation for coverage, if the risk
3750	is offered coverage under a policy including wind coverage from
3751	an authorized insurer at its approved rate, the risk is not
3752	eligible for a policy issued by the corporation unless the
3753	premium for coverage from the authorized insurer is more than 15
3754	percent greater than the premium for comparable coverage from
3755	the corporation. If the risk is not able to obtain any such
3756	offer, the risk is eligible for a policy including wind coverage
3757	issued by the corporation. However, a policyholder of the
3758	corporation or a policyholder removed from the corporation
3759	through an assumption agreement until the end of the assumption
3760	period remains eligible for coverage from the corporation
3761	regardless of an offer of coverage from an authorized insurer or
3762	surplus lines insurer.
3763	(I)  If the risk accepts an offer of coverage through the
3764	market assistance plan or through a mechanism established by the
3765	corporation before a policy is issued to the risk by the
3766	corporation or during the first 30 days of coverage by the
3767	corporation, and the producing agent who submitted the
3768	application to the plan or the corporation is not currently
3769	appointed by the insurer, the insurer shall:
3770	(A)  Pay to the producing agent of record of the policy,
3771	for the first year, an amount that is the greater of the
3772	insurer's usual and customary commission for the type of policy
3773	written or a fee equal to the usual and customary commission of
3774	the corporation; or
3775	(B)  Offer to allow the producing agent of record of the
3776	policy to continue servicing the policy for at least 1 year and
3777	offer to pay the agent the greater of the insurer's or the
3778	corporation's usual and customary commission for the type of
3779	policy written.
3780
3781	If the producing agent is unwilling or unable to accept
3782	appointment, the new insurer shall pay the agent in accordance
3783	with sub-sub-sub-subparagraph (A).
3784	(II)  If the corporation enters into a contractual
3785	agreement for a take-out plan, the producing agent of record of
3786	the corporation policy is entitled to retain any unearned
3787	commission on the policy, and the insurer shall:
3788	(A)  Pay to the producing agent of record policy, for the
3789	first year, an amount that is the greater of the insurer's usual
3790	and customary commission for the type of policy written or a fee
3791	equal to the usual and customary commission of the corporation;
3792	or
3793	(B)  Offer to allow the producing agent of record to
3794	continue servicing the policy for at least 1 year and offer to
3795	pay the agent the greater of the insurer's or the corporation's
3796	usual and customary commission for the type of policy written.
3797
3798	If the producing agent is unwilling or unable to accept
3799	appointment, the new insurer shall pay the agent in accordance
3800	with sub-sub-sub-subparagraph (A).
3801	c.  For purposes of determining comparable coverage under
3802	sub-subparagraphs a. and b., the comparison must be based on
3803	those forms and coverages that are reasonably comparable. The
3804	corporation may rely on a determination of comparable coverage
3805	and premium made by the producing agent who submits the
3806	application to the corporation, made in the agent's capacity as
3807	the corporation's agent. A comparison may be made solely of the
3808	premium with respect to the main building or structure only on
3809	the following basis: the same coverage A or other building
3810	limits; the same percentage hurricane deductible that applies on
3811	an annual basis or that applies to each hurricane for commercial
3812	residential property; the same percentage of ordinance and law
3813	coverage, if the same limit is offered by both the corporation
3814	and the authorized insurer; the same mitigation credits, to the
3815	extent the same types of credits are offered both by the
3816	corporation and the authorized insurer; the same method for loss
3817	payment, such as replacement cost or actual cash value, if the
3818	same method is offered both by the corporation and the
3819	authorized insurer in accordance with underwriting rules; and
3820	any other form or coverage that is reasonably comparable as
3821	determined by the board. If an application is submitted to the
3822	corporation for wind-only coverage in the coastal account, the
3823	premium for the corporation's wind-only policy plus the premium
3824	for the ex-wind policy that is offered by an authorized insurer
3825	to the applicant must be compared to the premium for multiperil
3826	coverage offered by an authorized insurer, subject to the
3827	standards for comparison specified in this subparagraph. If the
3828	corporation or the applicant requests from the authorized
3829	insurer a breakdown of the premium of the offer by types of
3830	coverage so that a comparison may be made by the corporation or
3831	its agent and the authorized insurer refuses or is unable to
3832	provide such information, the corporation may treat the offer as
3833	not being an offer of coverage from an authorized insurer at the
3834	insurer's approved rate.
3835	6.  Must include rules for classifications of risks and
3836	rates.
3837	7.  Must provide that if premium and investment income for
3838	an account attributable to a particular calendar year are in
3839	excess of projected losses and expenses for the account
3840	attributable to that year, such excess shall be held in surplus
3841	in the account. Such surplus must be available to defray
3842	deficits in that account as to future years and used for that
3843	purpose before assessing assessable insurers and assessable
3844	insureds as to any calendar year.
3845	8.  Must provide objective criteria and procedures to be
3846	uniformly applied to all applicants in determining whether an
3847	individual risk is so hazardous as to be uninsurable. In making
3848	this determination and in establishing the criteria and
3849	procedures, the following must be considered:
3850	a.  Whether the likelihood of a loss for the individual
3851	risk is substantially higher than for other risks of the same
3852	class; and
3853	b.  Whether the uncertainty associated with the individual
3854	risk is such that an appropriate premium cannot be determined.
3855
3856	The acceptance or rejection of a risk by the corporation shall
3857	be construed as the private placement of insurance, and the
3858	provisions of chapter 120 do not apply.
3859	9.  Must provide that the corporation make its best efforts
3860	to procure catastrophe reinsurance at reasonable rates, to cover
3861	its projected 100-year probable maximum loss as determined by
3862	the board of governors.
3863	10.  The policies issued by the corporation must provide
3864	that if the corporation or the market assistance plan obtains an
3865	offer from an authorized insurer to cover the risk at its
3866	approved rates, the risk is no longer eligible for renewal
3867	through the corporation, except as otherwise provided in this
3868	subsection.
3869	11.  Corporation policies and applications must include a
3870	notice that the corporation policy could, under this section, be
3871	replaced with a policy issued by an authorized insurer which
3872	does not provide coverage identical to the coverage provided by
3873	the corporation. The notice must also specify that acceptance of
3874	corporation coverage creates a conclusive presumption that the
3875	applicant or policyholder is aware of this potential.
3876	12.  May establish, subject to approval by the office,
3877	different eligibility requirements and operational procedures
3878	for any line or type of coverage for any specified county or
3879	area if the board determines that such changes are justified due
3880	to the voluntary market being sufficiently stable and
3881	competitive in such area or for such line or type of coverage
3882	and that consumers who, in good faith, are unable to obtain
3883	insurance through the voluntary market through ordinary methods
3884	continue to have access to coverage from the corporation. If
3885	coverage is sought in connection with a real property transfer,
3886	the requirements and procedures may not provide an effective
3887	date of coverage later than the date of the closing of the
3888	transfer as established by the transferor, the transferee, and,
3889	if applicable, the lender.
3890	13.  Must provide that, with respect to the coastal
3891	account, any assessable insurer with a surplus as to
3892	policyholders of $25 million or less writing 25 percent or more
3893	of its total countrywide property insurance premiums in this
3894	state may petition the office, within the first 90 days of each
3895	calendar year, to qualify as a limited apportionment company. A
3896	regular assessment levied by the corporation on a limited
3897	apportionment company for a deficit incurred by the corporation
3898	for the coastal account may be paid to the corporation on a
3899	monthly basis as the assessments are collected by the limited
3900	apportionment company from its insureds pursuant to s. 627.3512,
3901	but the regular assessment must be paid in full within 12 months
3902	after being levied by the corporation. A limited apportionment
3903	company shall collect from its policyholders any emergency
3904	assessment imposed under sub-subparagraph (b)3.c. (b)3.d. The
3905	plan must provide that, if the office determines that any
3906	regular assessment will result in an impairment of the surplus
3907	of a limited apportionment company, the office may direct that
3908	all or part of such assessment be deferred as provided in
3909	subparagraph (q)4. However, an emergency assessment to be
3910	collected from policyholders under sub-subparagraph (b)3.c.
3911	(b)3.d. may not be limited or deferred.
3912	14.  Must provide that the corporation appoint as its
3913	licensed agents only those agents who also hold an appointment
3914	as defined in s. 626.015(3) with an insurer who at the time of
3915	the agent's initial appointment by the corporation is authorized
3916	to write and is actually writing personal lines residential
3917	property coverage, commercial residential property coverage, or
3918	commercial nonresidential property coverage within the state.
3919	15.  Must provide a premium payment plan option to its
3920	policyholders which, at a minimum, allows for quarterly and
3921	semiannual payment of premiums. A monthly payment plan may, but
3922	is not required to, be offered.
3923	16.  Must limit coverage on mobile homes or manufactured
3924	homes built before 1994 to actual cash value of the dwelling
3925	rather than replacement costs of the dwelling.
3926	17.  May provide such limits of coverage as the board
3927	determines, consistent with the requirements of this subsection.
3928	18.  May require commercial property to meet specified
3929	hurricane mitigation construction features as a condition of
3930	eligibility for coverage.
3931	19.  Must provide that new or renewal policies issued by
3932	the corporation on or after January 1, 2012, which cover
3933	sinkhole loss do not include coverage for any loss to
3934	appurtenant structures, driveways, sidewalks, decks, or patios
3935	that are directly or indirectly caused by sinkhole activity. The
3936	corporation shall exclude such coverage using a notice of
3937	coverage change, which may be included with the policy renewal,
3938	and not by issuance of a notice of nonrenewal of the excluded
3939	coverage upon renewal of the current policy.
3940	20.  As of January 1, 2012, must require that the agent
3941	obtain from an applicant for coverage from the corporation an
3942	acknowledgement signed by the applicant, which includes, at a
3943	minimum, the following statement:
3944
3945	ACKNOWLEDGEMENT OF POTENTIAL SURCHARGE
3946	AND ASSESSMENT LIABILITY:
3947
3948	1.  AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
3949	CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
3950	DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
3951	MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
3952	PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
3953	POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
3954	OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
3955	LEGISLATURE.
3956	2.  I ALSO UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
3957	ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
3958	INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
3959	FLORIDA LEGISLATURE.
3960	3.  I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
3961	CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
3962	STATE OF FLORIDA.
3963
3964	a.  The corporation shall maintain, in electronic format or
3965	otherwise, a copy of the applicant's signed acknowledgement and
3966	provide a copy of the statement to the policyholder as part of
3967	the first renewal after the effective date of this subparagraph.
3968	b.  The signed acknowledgement form creates a conclusive
3969	presumption that the policyholder understood and accepted his or
3970	her potential surcharge and assessment liability as a
3971	policyholder of the corporation.
3972	(q)1.  The corporation shall certify to the office its
3973	needs for annual assessments as to a particular calendar year,
3974	and for any interim assessments that it deems to be necessary to
3975	sustain operations as to a particular year pending the receipt
3976	of annual assessments. Upon verification, the office shall
3977	approve such certification, and the corporation shall levy such
3978	annual or interim assessments. Such assessments shall be
3979	prorated as provided in paragraph (b). The corporation shall
3980	take all reasonable and prudent steps necessary to collect the
3981	amount of assessment due from each assessable insurer,
3982	including, if prudent, filing suit to collect such assessment.
3983	If the corporation is unable to collect an assessment from any
3984	assessable insurer, the uncollected assessments shall be levied
3985	as an additional assessment against the assessable insurers and
3986	any assessable insurer required to pay an additional assessment
3987	as a result of such failure to pay shall have a cause of action
3988	against such nonpaying assessable insurer. Assessments shall be
3989	included as an appropriate factor in the making of rates. The
3990	failure of a surplus lines agent to collect and remit any
3991	regular or emergency assessment levied by the corporation is
3992	considered to be a violation of s. 626.936 and subjects the
3993	surplus lines agent to the penalties provided in that section.
3994	2.  The governing body of any unit of local government, any
3995	residents of which are insured by the corporation, may issue
3996	bonds as defined in s. 125.013 or s. 166.101 from time to time
3997	to fund an assistance program, in conjunction with the
3998	corporation, for the purpose of defraying deficits of the
3999	corporation. In order to avoid needless and indiscriminate
4000	proliferation, duplication, and fragmentation of such assistance
4001	programs, any unit of local government, any residents of which
4002	are insured by the corporation, may provide for the payment of
4003	losses, regardless of whether or not the losses occurred within
4004	or outside of the territorial jurisdiction of the local
4005	government. Revenue bonds under this subparagraph may not be
4006	issued until validated pursuant to chapter 75, unless a state of
4007	emergency is declared by executive order or proclamation of the
4008	Governor pursuant to s. 252.36 making such findings as are
4009	necessary to determine that it is in the best interests of, and
4010	necessary for, the protection of the public health, safety, and
4011	general welfare of residents of this state and declaring it an
4012	essential public purpose to permit certain municipalities or
4013	counties to issue such bonds as will permit relief to claimants
4014	and policyholders of the corporation. Any such unit of local
4015	government may enter into such contracts with the corporation
4016	and with any other entity created pursuant to this subsection as
4017	are necessary to carry out this paragraph. Any bonds issued
4018	under this subparagraph shall be payable from and secured by
4019	moneys received by the corporation from emergency assessments
4020	under sub-subparagraph (b)3.c. (b)3.d., and assigned and pledged
4021	to or on behalf of the unit of local government for the benefit
4022	of the holders of such bonds. The funds, credit, property, and
4023	taxing power of the state or of the unit of local government
4024	shall not be pledged for the payment of such bonds.
4025	3.a.  The corporation shall adopt one or more programs
4026	subject to approval by the office for the reduction of both new
4027	and renewal writings in the corporation. Beginning January 1,
4028	2008, any program the corporation adopts for the payment of
4029	bonuses to an insurer for each risk the insurer removes from the
4030	corporation shall comply with s. 627.3511(2) and may not exceed
4031	the amount referenced in s. 627.3511(2) for each risk removed.
4032	The corporation may consider any prudent and not unfairly
4033	discriminatory approach to reducing corporation writings, and
4034	may adopt a credit against assessment liability or other
4035	liability that provides an incentive for insurers to take risks
4036	out of the corporation and to keep risks out of the corporation
4037	by maintaining or increasing voluntary writings in counties or
4038	areas in which corporation risks are highly concentrated and a
4039	program to provide a formula under which an insurer voluntarily
4040	taking risks out of the corporation by maintaining or increasing
4041	voluntary writings will be relieved wholly or partially from
4042	assessments under sub-subparagraph (b)3.a. sub-subparagraphs
4043	(b)3.a. and b. However, any "take-out bonus" or payment to an
4044	insurer must be conditioned on the property being insured for at
4045	least 5 years by the insurer, unless canceled or nonrenewed by
4046	the policyholder. If the policy is canceled or nonrenewed by the
4047	policyholder before the end of the 5-year period, the amount of
4048	the take-out bonus must be prorated for the time period the
4049	policy was insured. When the corporation enters into a
4050	contractual agreement for a take-out plan, the producing agent
4051	of record of the corporation policy is entitled to retain any
4052	unearned commission on such policy, and the insurer shall
4053	either:
4054	(I)  Pay to the producing agent of record of the policy,
4055	for the first year, an amount which is the greater of the
4056	insurer's usual and customary commission for the type of policy
4057	written or a policy fee equal to the usual and customary
4058	commission of the corporation; or
4059	(II)  Offer to allow the producing agent of record of the
4060	policy to continue servicing the policy for a period of not less
4061	than 1 year and offer to pay the agent the insurer's usual and
4062	customary commission for the type of policy written. If the
4063	producing agent is unwilling or unable to accept appointment by
4064	the new insurer, the new insurer shall pay the agent in
4065	accordance with sub-sub-subparagraph (I).
4066	b.  Any credit or exemption from regular assessments
4067	adopted under this subparagraph shall last no longer than the 3
4068	years following the cancellation or expiration of the policy by
4069	the corporation. With the approval of the office, the board may
4070	extend such credits for an additional year if the insurer
4071	guarantees an additional year of renewability for all policies
4072	removed from the corporation, or for 2 additional years if the
4073	insurer guarantees 2 additional years of renewability for all
4074	policies so removed.
4075	c.  There shall be no credit, limitation, exemption, or
4076	deferment from emergency assessments to be collected from
4077	policyholders pursuant to sub-subparagraph (b)3.c. (b)3.d.
4078	4.  The plan shall provide for the deferment, in whole or
4079	in part, of the assessment of an assessable insurer, other than
4080	an emergency assessment collected from policyholders pursuant to
4081	sub-subparagraph (b)3.c. (b)3.d., if the office finds that
4082	payment of the assessment would endanger or impair the solvency
4083	of the insurer. In the event an assessment against an assessable
4084	insurer is deferred in whole or in part, the amount by which
4085	such assessment is deferred may be assessed against the other
4086	assessable insurers in a manner consistent with the basis for
4087	assessments set forth in paragraph (b).
4088	5.  Effective July 1, 2007, in order to evaluate the costs
4089	and benefits of approved take-out plans, if the corporation pays
4090	a bonus or other payment to an insurer for an approved take-out
4091	plan, it shall maintain a record of the address or such other
4092	identifying information on the property or risk removed in order
4093	to track if and when the property or risk is later insured by
4094	the corporation.
4095	6.  Any policy taken out, assumed, or removed from the
4096	corporation is, as of the effective date of the take-out,
4097	assumption, or removal, direct insurance issued by the insurer
4098	and not by the corporation, even if the corporation continues to
4099	service the policies. This subparagraph applies to policies of
4100	the corporation and not policies taken out, assumed, or removed
4101	from any other entity.
4102	(v)1.  Effective July 1, 2002, policies of the Residential
4103	Property and Casualty Joint Underwriting Association become
4104	policies of the corporation. All obligations, rights, assets and
4105	liabilities of the association, including bonds, note and debt
4106	obligations, and the financing documents pertaining to them
4107	become those of the corporation as of July 1, 2002. The
4108	corporation is not required to issue endorsements or
4109	certificates of assumption to insureds during the remaining term
4110	of in-force transferred policies.
4111	2.  Effective July 1, 2002, policies of the Florida
4112	Windstorm Underwriting Association are transferred to the
4113	corporation and become policies of the corporation. All
4114	obligations, rights, assets, and liabilities of the association,
4115	including bonds, note and debt obligations, and the financing
4116	documents pertaining to them are transferred to and assumed by
4117	the corporation on July 1, 2002. The corporation is not required
4118	to issue endorsements or certificates of assumption to insureds
4119	during the remaining term of in-force transferred policies.
4120	3.  The Florida Windstorm Underwriting Association and the
4121	Residential Property and Casualty Joint Underwriting Association
4122	shall take all actions necessary to further evidence the
4123	transfers and provide the documents and instruments of further
4124	assurance as may reasonably be requested by the corporation for
4125	that purpose. The corporation shall execute assumptions and
4126	instruments as the trustees or other parties to the financing
4127	documents of the Florida Windstorm Underwriting Association or
4128	the Residential Property and Casualty Joint Underwriting
4129	Association may reasonably request to further evidence the
4130	transfers and assumptions, which transfers and assumptions,
4131	however, are effective on the date provided under this paragraph
4132	whether or not, and regardless of the date on which, the
4133	assumptions or instruments are executed by the corporation.
4134	Subject to the relevant financing documents pertaining to their
4135	outstanding bonds, notes, indebtedness, or other financing
4136	obligations, the moneys, investments, receivables, choses in
4137	action, and other intangibles of the Florida Windstorm
4138	Underwriting Association shall be credited to the coastal
4139	account of the corporation, and those of the personal lines
4140	residential coverage account and the commercial lines
4141	residential coverage account of the Residential Property and
4142	Casualty Joint Underwriting Association shall be credited to the
4143	personal lines account and the commercial lines account,
4144	respectively, of the corporation.
4145	4.  Effective July 1, 2002, a new applicant for property
4146	insurance coverage who would otherwise have been eligible for
4147	coverage in the Florida Windstorm Underwriting Association is
4148	eligible for coverage from the corporation as provided in this
4149	subsection.
4150	5.  The transfer of all policies, obligations, rights,
4151	assets, and liabilities from the Florida Windstorm Underwriting
4152	Association to the corporation and the renaming of the
4153	Residential Property and Casualty Joint Underwriting Association
4154	as the corporation does not affect the coverage with respect to
4155	covered policies as defined in s. 215.555(2)(c) provided to
4156	these entities by the Florida Hurricane Catastrophe Fund. The
4157	coverage provided by the fund to the Florida Windstorm
4158	Underwriting Association based on its exposures as of June 30,
4159	2002, and each June 30 thereafter shall be redesignated as
4160	coverage for the coastal account of the corporation.
4161	Notwithstanding any other provision of law, the coverage
4162	provided by the fund to the Residential Property and Casualty
4163	Joint Underwriting Association based on its exposures as of June
4164	30, 2002, and each June 30 thereafter shall be transferred to
4165	the personal lines account and the commercial lines account of
4166	the corporation. Notwithstanding any other provision of law, the
4167	coastal account shall be treated, for all Florida Hurricane
4168	Catastrophe Fund purposes, as if it were a separate
4169	participating insurer with its own exposures, reimbursement
4170	premium, and loss reimbursement. Likewise, the personal lines
4171	and commercial lines accounts shall be viewed together, for all
4172	fund purposes, as if the two accounts were one and represent a
4173	single, separate participating insurer with its own exposures,
4174	reimbursement premium, and loss reimbursement. The coverage
4175	provided by the fund to the corporation shall constitute and
4176	operate as a full transfer of coverage from the Florida
4177	Windstorm Underwriting Association and Residential Property and
4178	Casualty Joint Underwriting Association to the corporation.
4179	Reviser's note.-Paragraphs (2)(b) and (6)(q) are
4180	amended to conform to the redesignation of s.
4181	627.351(6)(b)3.b. as a portion of sub-subparagraph
4182	(6)(b)3.a. by s. 15, ch. 2011-39, Laws of Florida.
4183	Paragraphs (6)(b), (c), and (q) are amended to conform
4184	to the redesignation of s. 627.351(6)(b)3.d. as sub-
4185	subparagraph (6)(b)3.c. by s. 15, ch. 2011-39.
4186	Paragraph (6)(c) is amended to confirm editorial
4187	deletion of the word "policy" to improve clarity.
4188	Paragraph (6)(v) is amended to confirm editorial
4189	insertion of the word "Association" to conform to the
4190	complete name of the association.
4191	Section 78.  Paragraphs (a), (b), and (c) of subsection (3)
4192	and paragraphs (d), (e), and (f) of subsection (6) of section
4193	627.3511, Florida Statutes, are amended to read:
4194	627.3511  Depopulation of Citizens Property Insurance
4195	Corporation.-
4196	(3)  EXEMPTION FROM DEFICIT ASSESSMENTS.-
4197	(a)  The calculation of an insurer's assessment liability
4198	under s. 627.351(6)(b)3.a. or b. shall, for an insurer that in
4199	any calendar year removes 50,000 or more risks from the Citizens
4200	Property Insurance Corporation, either by issuance of a policy
4201	upon expiration or cancellation of the corporation policy or by
4202	assumption of the corporation's obligations with respect to in-
4203	force policies, exclude such removed policies for the succeeding
4204	3 years, as follows:
4205	1.  In the first year following removal of the risks, the
4206	risks are excluded from the calculation to the extent of 100
4207	percent.
4208	2.  In the second year following removal of the risks, the
4209	risks are excluded from the calculation to the extent of 75
4210	percent.
4211	3.  In the third year following removal of the risks, the
4212	risks are excluded from the calculation to the extent of 50
4213	percent.
4214
4215	If the removal of risks is accomplished through assumption of
4216	obligations with respect to in-force policies, the corporation
4217	shall pay to the assuming insurer all unearned premium with
4218	respect to such policies less any policy acquisition costs
4219	agreed to by the corporation and assuming insurer. The term
4220	"policy acquisition costs" is defined as costs of issuance of
4221	the policy by the corporation which includes agent commissions,
4222	servicing company fees, and premium tax. This paragraph does not
4223	apply to an insurer that, at any time within 5 years before
4224	removing the risks, had a market share in excess of 0.1 percent
4225	of the statewide aggregate gross direct written premium for any
4226	line of property insurance, or to an affiliate of such an
4227	insurer. This paragraph does not apply unless either at least 40
4228	percent of the risks removed from the corporation are located in
4229	Miami-Dade, Broward, and Palm Beach Counties, or at least 30
4230	percent of the risks removed from the corporation are located in
4231	such counties and an additional 50 percent of the risks removed
4232	from the corporation are located in other coastal counties.
4233	(b)  An insurer that first wrote personal lines residential
4234	property coverage in this state on or after July 1, 1994, is
4235	exempt from regular deficit assessments imposed pursuant to s.
4236	627.351(6)(b)3.a. and b., but not emergency assessments
4237	collected from policyholders pursuant to s. 627.351(6)(b)3.c.
4238	627.351(6)(b)3.d., of the Citizens Property Insurance
4239	Corporation until the earlier of the following:
4240	1.  The end of the calendar year in which it first wrote
4241	0.5 percent or more of the statewide aggregate direct written
4242	premium for any line of residential property coverage; or
4243	2.  December 31, 1997, or December 31 of the third year in
4244	which it wrote such coverage in this state, whichever is later.
4245	(c)  Other than an insurer that is exempt under paragraph
4246	(b), an insurer that in any calendar year increases its total
4247	structure exposure subject to wind coverage by 25 percent or
4248	more over its exposure for the preceding calendar year is, with
4249	respect to that year, exempt from deficit assessments imposed
4250	pursuant to s. 627.351(6)(b)3.a. and b., but not emergency
4251	assessments collected from policyholders pursuant to s.
4252	627.351(6)(b)3.c. 627.351(6)(b)3.d., of the Citizens Property
4253	Insurance Corporation attributable to such increase in exposure.
4254	(6)  COMMERCIAL RESIDENTIAL TAKE-OUT PLANS.-
4255	(d)  The calculation of an insurer's regular assessment
4256	liability under s. 627.351(6)(b)3.a. and b., but not emergency
4257	assessments collected from policyholders pursuant to s.
4258	627.351(6)(b)3.c. 627.351(6)(b)3.d., shall, with respect to
4259	commercial residential policies removed from the corporation
4260	under an approved take-out plan, exclude such removed policies
4261	for the succeeding 3 years, as follows:
4262	1.  In the first year following removal of the policies,
4263	the policies are excluded from the calculation to the extent of
4264	100 percent.
4265	2.  In the second year following removal of the policies,
4266	the policies are excluded from the calculation to the extent of
4267	75 percent.
4268	3.  In the third year following removal of the policies,
4269	the policies are excluded from the calculation to the extent of
4270	50 percent.
4271	(e)  An insurer that first wrote commercial residential
4272	property coverage in this state on or after June 1, 1996, is
4273	exempt from regular assessments under s. 627.351(6)(b)3.a. and
4274	b., but not emergency assessments collected from policyholders
4275	pursuant to s. 627.351(6)(b)3.c. 627.351(6)(b)3.d., with respect
4276	to commercial residential policies until the earlier of:
4277	1.  The end of the calendar year in which such insurer
4278	first wrote 0.5 percent or more of the statewide aggregate
4279	direct written premium for commercial residential property
4280	coverage; or
4281	2.  December 31 of the third year in which such insurer
4282	wrote commercial residential property coverage in this state.
4283	(f)  An insurer that is not otherwise exempt from regular
4284	assessments under s. 627.351(6)(b)3.a. and b. with respect to
4285	commercial residential policies is, for any calendar year in
4286	which such insurer increased its total commercial residential
4287	hurricane exposure by 25 percent or more over its exposure for
4288	the preceding calendar year, exempt from regular assessments
4289	under s. 627.351(6)(b)3.a. and b., but not emergency assessments
4290	collected from policyholders pursuant to s. 627.351(6)(b)3.c.
4291	627.351(6)(b)3.d., attributable to such increased exposure.
4292	Reviser's note.-Amended to conform to the
4293	redesignation of s. 627.351(6)(b)3.b. as a portion of
4294	sub-subparagraph (6)(b)3.a. by s. 15, ch. 2011-39,
4295	Laws of Florida, and the redesignation of s.
4296	627.351(6)(b)3.d. as sub-subparagraph (6)(b)3.c. by s.
4297	15, ch. 2011-39.
4298	Section 79.  Paragraph (c) of subsection (1) of section
4299	658.48, Florida Statutes, is amended to read:
4300	658.48  Loans.-A state bank may make loans and extensions
4301	of credit, with or without security, subject to the following
4302	limitations and provisions:
4303	(1)  LOANS; GENERAL LIMITATIONS.-
4304	(c)  The loan limitations stated in this section shall not
4305	be enlarged by the provisions of any other section of this
4306	chapter, except as provided in subsection (5) (6).
4307	Reviser's note.-Amended to conform to the
4308	redesignation of subsection (6) as subsection (5) by
4309	s. 28, ch. 2011-194, Laws of Florida.
4310	Section 80.  Subsection (12) of section 667.003, Florida
4311	Statutes, is amended to read:
4312	667.003  Applicability of chapter 658.-Any state savings
4313	bank is subject to all the provisions, and entitled to all the
4314	privileges, of the financial institutions codes except where it
4315	appears, from the context or otherwise, that such provisions
4316	clearly apply only to banks or trust companies organized under
4317	the laws of this state or the United States. Without limiting
4318	the foregoing general provisions, it is the intent of the
4319	Legislature that the following provisions apply to a savings
4320	bank to the same extent as if the savings bank were a "bank"
4321	operating under such provisions:
4322	(12)  Section 658.295, relating to interstate banking.
4323	Reviser's note.-Amended to conform to the repeal of s.
4324	658.295 by s. 23, ch. 2011-194, Laws of Florida.
4325	Section 81.  Subsection (1) of section 681.108, Florida
4326	Statutes, is amended to read:
4327	681.108  Dispute-settlement procedures.-
4328	(1)  If a manufacturer has established a procedure that the
4329	department has certified as substantially complying with the
4330	provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
4331	with the provisions of this chapter and the rules adopted under
4332	this chapter, and has informed the consumer how and where to
4333	file a claim with such procedure pursuant to s. 681.103(3), the
4334	provisions of s. 681.104(2) apply to the consumer only if the
4335	consumer has first resorted to such procedure. The
4336	decisionmakers for a certified procedure shall, in rendering
4337	decisions, take into account all legal and equitable factors
4338	germane to a fair and just decision, including, but not limited
4339	to, the warranty; the rights and remedies conferred under 16
4340	C.F.R. part 703, in effect October 1, 1983; the provisions of
4341	this chapter; and any other equitable considerations appropriate
4342	under the circumstances. Decisionmakers and staff for of a
4343	procedure shall be trained in the provisions of this chapter and
4344	in 16 C.F.R. part 703, in effect October 1, 1983. In an action
4345	brought by a consumer concerning an alleged nonconformity, the
4346	decision that results from a certified procedure is admissible
4347	in evidence.
4348	Reviser's note.-Amended to confirm editorial
4349	substitution of the word "for" for the word "of."
4350	Section 82.  Subsection (4) of section 753.03, Florida
4351	Statutes, is amended to read:
4352	753.03  Standards for supervised visitation and supervised
4353	exchange programs.-
4354	(4)  The clearinghouse shall submit a preliminary report
4355	containing its recommendations for the uniform standards by
4356	December 31, 2007, and a final report of all recommendations,
4357	including those related to the certification and monitoring
4358	developed to date, by December 31, 2008, to the President of the
4359	Senate, the Speaker of the House of Representatives, and the
4360	Chief Justice of the Supreme Court.
4361	Reviser's note.-Amended to delete a provision that has
4362	served its purpose.
4363	Section 83.  Subsection (3) of section 766.1065, Florida
4364	Statutes, is amended to read:
4365	766.1065  Authorization for release of protected health
4366	information.-
4367	(3)  The authorization required by this section shall be in
4368	the following form and shall be construed in accordance with the
4369	"Standards for Privacy of Individually Identifiable Health
4370	Information" in 45 C.F.R. parts 160 and 164:
4371
4372	AUTHORIZATION FOR RELEASE OF
4373	PROTECTED HEALTH INFORMATION
4374
4375	A.  I, (...Name of patient or authorized
4376	representative...) [hereinafter "Patient"], authorize
4377	that (...Name of health care provider to whom the
4378	presuit notice is directed...) and his/her/its
4379	insurer(s), self-insurer(s), and attorney(s) may
4380	obtain and disclose (within the parameters set out
4381	below) the protected health information described
4382	below for the following specific purposes:
4383	1.  Facilitating the investigation and evaluation of
4384	the medical negligence claim described in the
4385	accompanying presuit notice; or
4386	2.  Defending against any litigation arising out of
4387	the medical negligence claim made on the basis of the
4388	accompanying presuit notice.
4389	B.  The health information obtained, used, or
4390	disclosed extends to, and includes, the verbal as well
4391	as the written and is described as follows:
4392	1.  The health information in the custody of the
4393	following health care providers who have examined,
4394	evaluated, or treated the Patient in connection with
4395	injuries complained of after the alleged act of
4396	negligence: (List the name and current address of all
4397	health care providers). This authorization extends to
4398	any additional health care providers that may in the
4399	future evaluate, examine, or treat the Patient for the
4400	injuries complained of.
4401	2.  The health information in the custody of the
4402	following health care providers who have examined,
4403	evaluated, or treated the Patient during a period
4404	commencing 2 years before the incident that is the
4405	basis of the accompanying presuit notice.
4406
4407	(List the name and current address of such health care
4408	providers, if applicable.)
4409
4410	C.  This authorization does not apply to the following
4411	list of health care providers possessing health care
4412	information about the Patient because the Patient
4413	certifies that such health care information is not
4414	potentially relevant to the claim of personal injury
4415	or wrongful death that is the basis of the
4416	accompanying presuit notice.
4417
4418	(List the name of each health care provider to whom
4419	this authorization does not apply and the inclusive
4420	dates of examination, evaluation, or treatment to be
4421	withheld from disclosure. If none, specify "none.")
4422
4423	D.  The persons or class of persons to whom the
4424	Patient authorizes such health information to be
4425	disclosed or by whom such health information is to be
4426	used:
4427	1.  Any health care provider providing care or
4428	treatment for the Patient.
4429	2.  Any liability insurer or self-insurer providing
4430	liability insurance coverage, self-insurance, or
4431	defense to any health care provider to whom presuit
4432	notice is given regarding the care and treatment of
4433	the Patient.
4434	3.  Any consulting or testifying expert employed by or
4435	on behalf of (name of health care provider to whom
4436	presuit notice was given) and his/her/its insurer(s),
4437	self-insurer(s), or attorney(s) regarding to the
4438	matter of the presuit notice accompanying this
4439	authorization.
4440	4.  Any attorney (including secretarial, clerical, or
4441	paralegal staff) employed by or on behalf of (name of
4442	health care provider to whom presuit notice was given)
4443	regarding the matter of the presuit notice
4444	accompanying this authorization.
4445	5.  Any trier of the law or facts relating to any suit
4446	filed seeking damages arising out of the medical care
4447	or treatment of the Patient.
4448	E.  This authorization expires upon resolution of the
4449	claim or at the conclusion of any litigation
4450	instituted in connection with the matter of the
4451	presuit notice accompanying this authorization,
4452	whichever occurs first.
4453	F.  The Patient understands that, without exception,
4454	the Patient has the right to revoke this authorization
4455	in writing. The Patient further understands that the
4456	consequence of any such revocation is that the presuit
4457	notice under s. 766.106(2), Florida Statutes, is
4458	deemed retroactively void from the date of issuance,
4459	and any tolling effect that the presuit notice may
4460	have had on any applicable statute-of-limitations
4461	period is retroactively rendered void.
4462	G.  The Patient understands that signing this
4463	authorization is not a condition for continued
4464	treatment, payment, enrollment, or eligibility for
4465	health plan benefits.
4466	H.  The Patient understands that information used or
4467	disclosed under this authorization may be subject to
4468	additional disclosure by the recipient and may not be
4469	protected by federal HIPAA privacy regulations.
4470
4471	Signature of Patient/Representative: ....
4472	Date: ....
4473	Name of Patient/Representative: ....
4474	Description of Representative's Authority: ....
4475	Reviser's note.-Amended to confirm editorial deletion
4476	of the word "to" following the word "regarding."
4477	Section 84.  Subsection (2) of section 794.056, Florida
4478	Statutes, is amended to read:
4479	794.056  Rape Crisis Program Trust Fund.-
4480	(2)  The Department of Health shall establish by rule
4481	criteria consistent with the provisions of s. 794.055(3)(b)
4482	794.055(3)(a) for distributing moneys from the trust fund to
4483	rape crisis centers.
4484	Reviser's note.-Amended to improve clarity and correct
4485	an apparent error. Section 794.055(3)(b) relates to
4486	distribution of moneys in the Rape Crisis Program
4487	Trust Fund. Paragraph (3)(a) of that section states
4488	that the Department of Health is to contract with the
4489	statewide nonprofit association, and that the
4490	association is to receive 95 percent of the moneys
4491	appropriated from the trust fund.
4492	Section 85.  Paragraph (b) of subsection (1) of section
4493	847.0141, Florida Statutes, is amended to read:
4494	847.0141  Sexting; prohibited acts; penalties.-
4495	(1)  A minor commits the offense of sexting if he or she
4496	knowingly:
4497	(b)  Possesses a photograph or video of any person that was
4498	transmitted or distributed by another minor which depicts
4499	nudity, as defined in s. 847.001(9), and is harmful to minors,
4500	as defined in s. 847.001(6). A minor does not violate paragraph
4501	this paragraph if all of the following apply:
4502	1.  The minor did not solicit the photograph or video.
4503	2.  The minor took reasonable steps to report the
4504	photograph or video to the minor's legal guardian or to a school
4505	or law enforcement official.
4506	3.  The minor did not transmit or distribute the photograph
4507	or video to a third party.
4508	Reviser's note.-Amended to confirm editorial deletion
4509	of the word "paragraph" preceding the word "this."
4510	Section 86.  Paragraph (d) of subsection (11) of section
4511	893.055, Florida Statutes, is amended to read:
4512	893.055  Prescription drug monitoring program.-
4513	(11)  The department may establish a direct-support
4514	organization that has a board consisting of at least five
4515	members to provide assistance, funding, and promotional support
4516	for the activities authorized for the prescription drug
4517	monitoring program.
4518	(d)  The direct-support organization shall operate under
4519	written contract with the department. The contract must, at a
4520	minimum, provide for:
4521	1.  Approval of the articles of incorporation and bylaws of
4522	the direct-support organization by the department.
4523	2.  Submission of an annual budget for the approval of the
4524	department.
4525	3.  Certification by the department in consultation with
4526	the department that the direct-support organization is complying
4527	with the terms of the contract in a manner consistent with and
4528	in furtherance of the goals and purposes of the prescription
4529	drug monitoring program and in the best interests of the state.
4530	Such certification must be made annually and reported in the
4531	official minutes of a meeting of the direct-support
4532	organization.
4533	4.  The reversion, without penalty, to the state of all
4534	moneys and property held in trust by the direct-support
4535	organization for the benefit of the prescription drug monitoring
4536	program if the direct-support organization ceases to exist or if
4537	the contract is terminated.
4538	5.  The fiscal year of the direct-support organization,
4539	which must begin July 1 of each year and end June 30 of the
4540	following year.
4541	6.  The disclosure of the material provisions of the
4542	contract to donors of gifts, contributions, or bequests,
4543	including such disclosure on all promotional and fundraising
4544	publications, and an explanation to such donors of the
4545	distinction between the department and the direct-support
4546	organization.
4547	7.  The direct-support organization's collecting,
4548	expending, and providing of funds to the department for the
4549	development, implementation, and operation of the prescription
4550	drug monitoring program as described in this section and s. 2,
4551	chapter 2009-198, Laws of Florida, as long as the task force is
4552	authorized. The direct-support organization may collect and
4553	expend funds to be used for the functions of the direct-support
4554	organization's board of directors, as necessary and approved by
4555	the department. In addition, the direct-support organization may
4556	collect and provide funding to the department in furtherance of
4557	the prescription drug monitoring program by:
4558	a.  Establishing and administering the prescription drug
4559	monitoring program's electronic database, including hardware and
4560	software.
4561	b.  Conducting studies on the efficiency and effectiveness
4562	of the program to include feasibility studies as described in
4563	subsection (13).
4564	c.  Providing funds for future enhancements of the program
4565	within the intent of this section.
4566	d.  Providing user training of the prescription drug
4567	monitoring program, including distribution of materials to
4568	promote public awareness and education and conducting workshops
4569	or other meetings, for health care practitioners, pharmacists,
4570	and others as appropriate.
4571	e.  Providing funds for travel expenses.
4572	f.  Providing funds for administrative costs, including
4573	personnel, audits, facilities, and equipment.
4574	g.  Fulfilling all other requirements necessary to
4575	implement and operate the program as outlined in this section.
4576	Reviser's note.-Amended to remove redundant language
4577	and improve clarity.
4578	Section 87.  Subsections (6) and (7) of section 893.138,
4579	Florida Statutes, are amended to read:
4580	893.138  Local administrative action to abate drug-related,
4581	prostitution-related, or stolen-property-related public
4582	nuisances and criminal gang activity.-
4583	(6)  An order entered under subsection (5) (4) shall expire
4584	after 1 year or at such earlier time as is stated in the order.
4585	(7)  An order entered under subsection (5) (4) may be
4586	enforced pursuant to the procedures contained in s. 120.69. This
4587	subsection does not subject a municipality that creates a board
4588	under this section, or the board so created, to any other
4589	provision of chapter 120.
4590	Reviser's note.-Amended to conform to the
4591	redesignation of subsection (4) as subsection (5) by
4592	s. 27, ch. 2011-141, Laws of Florida.
4593	Section 88.  Subsection (3) and paragraph (d) of subsection
4594	(4) of section 943.25, Florida Statutes, are amended to read:
4595	943.25  Criminal justice trust funds; source of funds; use
4596	of funds.-
4597	(3)  The commission shall, by rule, establish, implement,
4598	supervise, and evaluate the expenditures of the Criminal Justice
4599	Standards and Training Trust Fund for approved advanced and
4600	specialized training program courses. Criminal justice training
4601	school enhancements may be authorized by the commission subject
4602	to the provisions of subsection (6) (7). The commission may
4603	approve the training of appropriate support personnel when it
4604	can be demonstrated that these personnel directly support the
4605	criminal justice function.
4606	(4)  The commission shall authorize the establishment of
4607	regional training councils to advise and assist the commission
4608	in developing and maintaining a plan assessing regional criminal
4609	justice training needs and to act as an extension of the
4610	commission in the planning, programming, and budgeting for
4611	expenditures of the moneys in the Criminal Justice Standards and
4612	Training Trust Fund.
4613	(d)  A public criminal justice training school must be
4614	designated by the commission to receive and distribute the
4615	disbursements authorized under subsection (8) (9).
4616	Reviser's note.-Amended to conform to the renumbering
4617	of subunits within the section as a result of the
4618	repeal of subsection (3) by s. 8, ch. 2011-52, Laws of
4619	Florida.
4620	Section 89.  Subsection (48) of section 984.03, Florida
4621	Statutes, is amended to read:
4622	984.03  Definitions.-When used in this chapter, the term:
4623	(48)  "Serious or habitual juvenile offender program" means
4624	the program established in s. 985.47.
4625	Reviser's note.-Amended to conform to the repeal of s.
4626	985.47 by s. 4, ch. 2011-70, Laws of Florida.
4627	Section 90.  Paragraphs (a), (b), (c), (d), (e), and (g) of
4628	subsection (5) of section 985.0301, Florida Statutes, are
4629	amended to read:
4630	985.0301  Jurisdiction.-
4631	(5)(a)  Notwithstanding ss. 743.07, 985.43, 985.433,
4632	985.435, 985.439, and 985.441, and except as provided in ss.
4633	985.461, and 985.465, and 985.47 and paragraph (f), when the
4634	jurisdiction of any child who is alleged to have committed a
4635	delinquent act or violation of law is obtained, the court shall
4636	retain jurisdiction, unless relinquished by its order, until the
4637	child reaches 19 years of age, with the same power over the
4638	child which the court had before the child became an adult. For
4639	the purposes of s. 985.461, the court may retain jurisdiction
4640	for an additional 365 days following the child's 19th birthday
4641	if the child is participating in transition-to-adulthood
4642	services. The additional services do not extend involuntary
4643	court-sanctioned residential commitment and therefore require
4644	voluntary participation by the affected youth.
4645	(b)  Notwithstanding ss. 743.07 and 985.455(3), and except
4646	as provided in s. 985.47, the term of any order placing a child
4647	in a probation program must be until the child's 19th birthday
4648	unless he or she is released by the court on the motion of an
4649	interested party or on his or her own motion.
4650	(c)  Notwithstanding ss. 743.07 and 985.455(3), and except
4651	as provided in s. 985.47, the term of the commitment must be
4652	until the child is discharged by the department or until he or
4653	she reaches the age of 21 years. Notwithstanding ss. 743.07,
4654	985.435, 985.437, 985.439, 985.441, 985.455, and 985.513, and
4655	except as provided in this section and s. 985.47, a child may
4656	not be held under a commitment from a court under s. 985.439, s.
4657	985.441(1)(a) or (b), or s. 985.455 after becoming 21 years of
4658	age.
4659	(d)  The court may retain jurisdiction over a child
4660	committed to the department for placement in a juvenile prison
4661	or in a high-risk or maximum-risk residential commitment program
4662	to allow the child to participate in a juvenile conditional
4663	release program pursuant to s. 985.46. The jurisdiction of the
4664	court may not be retained after beyond the child's 22nd
4665	birthday. However, if the child is not successful in the
4666	conditional release program, the department may use the transfer
4667	procedure under s. 985.441(4).
4668	(e)  The court may retain jurisdiction over a child
4669	committed to the department for placement in an intensive
4670	residential treatment program for 10-year-old to 13-year-old
4671	offenders, in the residential commitment program in a juvenile
4672	prison, in a residential sex offender program, or in a program
4673	for serious or habitual juvenile offenders as provided in s.
4674	985.47 or s. 985.483 until the child reaches the age of 21. If
4675	the court exercises this jurisdiction retention, it shall do so
4676	solely for the purpose of the child completing the intensive
4677	residential treatment program for 10-year-old to 13-year-old
4678	offenders, in the residential commitment program in a juvenile
4679	prison, in a residential sex offender program, or the program
4680	for serious or habitual juvenile offenders. Such jurisdiction
4681	retention does not apply for other programs, other purposes, or
4682	new offenses.
4683	(g)1.  Notwithstanding ss. 743.07 and 985.455(3), a serious
4684	or habitual juvenile offender shall not be held under commitment
4685	from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565
4686	after becoming 21 years of age. This subparagraph shall apply
4687	only for the purpose of completing the serious or habitual
4688	juvenile offender program under this chapter and shall be used
4689	solely for the purpose of treatment.
4690	2.  The court may retain jurisdiction over a child who has
4691	been placed in a program or facility for serious or habitual
4692	juvenile offenders until the child reaches the age of 21,
4693	specifically for the purpose of the child completing the
4694	program.
4695	Reviser's note.-Amended to conform to the repeal of s.
4696	985.47 by s. 4, ch. 2011-70, Laws of Florida, and the
4697	repeal of s. 985.483 by s. 5, ch. 2011-70. Paragraph
4698	(5)(d) is amended to confirm editorial deletion of the
4699	word "beyond" following the word "after."
4700	Section 91.  Paragraph (a) of subsection (3) of section
4701	985.14, Florida Statutes, is amended to read:
4702	985.14  Intake and case management system.-
4703	(3)  The intake and case management system shall facilitate
4704	consistency in the recommended placement of each child, and in
4705	the assessment, classification, and placement process, with the
4706	following purposes:
4707	(a)  An individualized, multidisciplinary assessment
4708	process that identifies the priority needs of each individual
4709	child for rehabilitation and treatment and identifies any needs
4710	of the child's parents or guardians for services that would
4711	enhance their ability to provide adequate support, guidance, and
4712	supervision for the child. This process shall begin with the
4713	detention risk assessment instrument and decision, shall include
4714	the intake preliminary screening and comprehensive assessment
4715	for substance abuse treatment services, mental health services,
4716	retardation services, literacy services, and other educational
4717	and treatment services as components, additional assessment of
4718	the child's treatment needs, and classification regarding the
4719	child's risks to the community and, for a serious or habitual
4720	delinquent child, shall include the assessment for placement in
4721	a serious or habitual delinquent children program under s.
4722	985.47. The completed multidisciplinary assessment process shall
4723	result in the predisposition report.
4724	Reviser's note.-Amended to conform to the repeal of s.
4725	985.47 by s. 4, ch. 2011-70, Laws of Florida.
4726	Section 92.  Paragraph (c) of subsection (1) of section
4727	985.441, Florida Statutes, is amended to read:
4728	985.441  Commitment.-
4729	(1)  The court that has jurisdiction of an adjudicated
4730	delinquent child may, by an order stating the facts upon which a
4731	determination of a sanction and rehabilitative program was made
4732	at the disposition hearing:
4733	(c)  Commit the child to the department for placement in a
4734	program or facility for serious or habitual juvenile offenders
4735	in accordance with s. 985.47.
4736	1.  Following a delinquency adjudicatory hearing under s.
4737	985.35 and a delinquency disposition hearing under s. 985.433
4738	that results in a commitment determination, the court shall, on
4739	its own or upon request by the state or the department,
4740	determine whether the protection of the public requires that the
4741	child be placed in a program for serious or habitual juvenile
4742	offenders and whether the particular needs of the child would be
4743	best served by a program for serious or habitual juvenile
4744	offenders as provided in s. 985.47. The determination shall be
4745	made under s. ss. 985.47(1) and 985.433(7).
4746	2.  Any commitment of a child to a program or facility for
4747	serious or habitual juvenile offenders must be for an
4748	indeterminate period of time, but the time may not exceed the
4749	maximum term of imprisonment that an adult may serve for the
4750	same offense.
4751	Reviser's note.-Amended to conform to the repeal of s.
4752	985.47 by s. 4, ch. 2011-70, Laws of Florida.
4753	Section 93.  Subsection (1) of section 1002.33, Florida
4754	Statutes, is amended to read:
4755	1002.33  Charter schools.-
4756	(1)  AUTHORIZATION.-Charter schools shall be part of the
4757	state's program of public education. All charter schools in
4758	Florida are public schools. A charter school may be formed by
4759	creating a new school or converting an existing public school to
4760	charter status. A charter school may operate a virtual charter
4761	school pursuant to s. 1002.45(1)(d) to provide full-time online
4762	instruction to eligible students, pursuant to s. 1002.455, in
4763	kindergarten through grade 12. A charter school must amend its
4764	charter or submit a new application pursuant to subsection (6)
4765	to become a virtual charter school. A virtual charter school is
4766	subject to the requirements of this section; however, a virtual
4767	charter school is exempt from subsections (18) and (19),
4768	subparagraphs (20)(a)2., 4., 5., and 7. (20)(a)2.-5., paragraph
4769	(20)(c), and s. 1003.03. A public school may not use the term
4770	charter in its name unless it has been approved under this
4771	section.
4772	Reviser's note.-Amended to conform to the
4773	redesignation of subparagraphs (20)(a)2.-5. as
4774	subparagraphs (20)(a)2., 4., 5., and 7. by s. 8, ch.
4775	2011-55, Laws of Florida.
4776	Section 94.  Paragraph (b) of subsection (2) of section
4777	1003.498, Florida Statutes, is amended to read:
4778	1003.498  School district virtual course offerings.-
4779	(2)  School districts may offer virtual courses for
4780	students enrolled in the school district. These courses must be
4781	identified in the course code directory. Students who meet the
4782	eligibility requirements of s. 1002.455 may participate in these
4783	virtual course offerings.
4784	(b)  Any eligible student who is enrolled in a school
4785	district may register and enroll in an online course offered by
4786	any other school district in the state, except as limited by the
4787	following:
4788	1.  A student may not enroll in a course offered through a
4789	virtual instruction program provided pursuant to s. 1002.45.
4790	2.  A student may not enroll in a virtual course offered by
4791	another school district if:
4792	a.  The course is offered online by the school district in
4793	which the student resides; or
4794	b.  The course is offered in the school in which the
4795	student is enrolled. However, a student may enroll in an online
4796	course offered by another school district if the school in which
4797	the student is enrolled offers the course but the student is
4798	unable to schedule the course in his or her school.
4799	3.  The school district in which the student completes the
4800	course shall report the student's completion of that course for
4801	funding pursuant to s. 1011.61(1)(c)1.b.(VI)
4802	1011.61(1)(c)b.(VI), and the home school district shall not
4803	report the student for funding for that course.
4804
4805	For purposes of this paragraph, the combined total of all school
4806	district reported FTE may not be reported as more than 1.0 full-
4807	time equivalent student in any given school year. The Department
4808	of Education shall establish procedures to enable interdistrict
4809	coordination for the delivery and funding of this online option.
4810	Reviser's note.-Amended to confirm editorial
4811	substitution of the reference to s.
4812	1011.61(1)(c)1.b.(VI) for a reference to s.
4813	1011.61(1)(c)b.(VI) to conform to the complete
4814	citation for the provision created by s. 9, ch. 2011-
4815	137, relating to FTE calculation for funding for
4816	completion of an online course in a district other
4817	than the student's home district.
4818	Section 95.  Paragraph (d) of subsection (5) of section
4819	1004.41, Florida Statutes, is amended to read:
4820	1004.41  University of Florida; J. Hillis Miller Health
4821	Center.-
4822	(5)
4823	(d)  For purposes of sovereign immunity pursuant to s.
4824	768.28(2), Shands Jacksonville Medical Center, Inc., Shands
4825	Jacksonville HealthCare, Inc., and any not-for-profit subsidiary
4826	which directly delivers health care services and whose governing
4827	board is chaired by the President of the University of Florida
4828	or his or her designee and is controlled by the University of
4829	Florida Board of Trustees, which may act through the president
4830	of the university or his or her designee and whose primary
4831	purpose is the support of the University of Florida Board of
4832	Trustees' health affairs mission, shall be conclusively deemed
4833	corporations primarily acting as instrumentalities of the state.
4834	Reviser's note.-Amended to confirm editorial insertion
4835	of the word "her."
4836	Section 96.  Subsection (5) of section 1007.28, Florida
4837	Statutes, is amended to read:
4838	1007.28  Computer-assisted student advising system.-The
4839	Department of Education, in conjunction with the Board of
4840	Governors, shall establish and maintain a single, statewide
4841	computer-assisted student advising system, which must be an
4842	integral part of the process of advising, registering, and
4843	certifying students for graduation and must be accessible to all
4844	Florida students. The state universities and Florida College
4845	System institutions shall interface institutional systems with
4846	the computer-assisted advising system required by this section.
4847	The State Board of Education and the Board of Governors shall
4848	specify in the statewide articulation agreement required by s.
4849	1007.23(1) the roles and responsibilities of the department, the
4850	state universities, and the Florida College System institutions
4851	in the design, implementation, promotion, development, and
4852	analysis of the system. The system shall consist of a degree
4853	audit and an articulation component that includes the following
4854	characteristics:
4855	(5)  The system must provide the admissions application for
4856	transient students who are undergraduate students currently
4857	enrolled and pursuing a degree at a public postsecondary
4858	educational institution and who want to enroll in a course
4859	listed in the Florida Higher Education Distance Learning Leaning
4860	Catalog which is offered by a public postsecondary educational
4861	institution that is not the student's degree-granting
4862	institution. This system must include the electronic transfer
4863	and receipt of information and records for the following
4864	functions:
4865	(a)  Admissions and readmissions;
4866	(b)  Financial aid; and
4867	(c)  Transfer of credit awarded by the institution offering
4868	the distance learning course to the transient student's degree-
4869	granting institution.
4870	Reviser's note.-Amended to confirm editorial
4871	substitution of the word "Learning" for the word
4872	"Leaning" to conform to the correct name of the
4873	catalog.
4874	Section 97.  Section 1010.82, Florida Statutes, is amended
4875	to read:
4876	1010.82  Textbook Bid Trust Fund.-Chapter 99-36, Laws of
4877	Florida, re-created the Textbook Bid Trust Fund to record the
4878	revenue and disbursements of textbook bid performance deposits
4879	submitted to the Department of Education as required in s.
4880	1006.33 1006.32.
4881	Reviser's note.-Amended to correct an apparent error
4882	and facilitate correct interpretation. Section 233.15,
4883	2001 Florida Statutes, which related to the deposit of
4884	funds required to be paid by each publisher or
4885	manufacturer of instructional materials upon
4886	submission of a bid or proposal to the Department of
4887	Education into the Textbook Bid Trust Fund, was
4888	repealed by s. 1058, ch. 2002-387, Laws of Florida.
4889	That language was recreated as s. 1006.33(3) by s.
4890	308, ch. 2002-387. Similar language was not recreated
4891	in s. 1006.32, which relates to prohibited acts with
4892	regard to instructional materials.
4893	Section 98.  Paragraph (b) of subsection (3) of section
4894	1011.71, Florida Statutes, is amended to read:
4895	1011.71  District school tax.-
4896	(3)
4897	(b)  Local funds generated by the additional 0.25 mills
4898	authorized in paragraph (b) and state funds provided pursuant to
4899	s. 1011.62(5) may not be included in the calculation of the
4900	Florida Education Finance Program in 2011-2012 or any subsequent
4901	year and may not be incorporated in the calculation of any hold-
4902	harmless or other component of the Florida Education Finance
4903	Program in any year, except as provided in paragraph (c) (d).
4904	Reviser's note.-Amended to conform to the
4905	redesignation of paragraph (d) as paragraph (c) as a
4906	result of the repeal of former paragraph (b) by s. 36,
4907	ch. 2011-55, Laws of Florida.
4908	Section 99.  Subsection (3) of section 1011.81, Florida
4909	Statutes, is amended to read:
4910	1011.81  Florida College System Program Fund.-
4911	(3)  State funds provided for the Florida College System
4912	Community College Program Fund may not be expended for the
4913	education of state or federal inmates.
4914	Reviser's note.-Amended to confirm editorial
4915	substitution of the words "Florida College System" for
4916	the words "Community College" to conform to the
4917	renaming of the fund by s. 176, ch. 2011-5, Laws of
4918	Florida.
4919	Section 100.  Paragraph (c) of subsection (4) and
4920	subsection (5) of section 1013.33, Florida Statutes, are amended
4921	to read:
4922	1013.33  Coordination of planning with local governing
4923	bodies.-
4924	(4)
4925	(c)  If the state land planning agency enters a final order
4926	that finds that the interlocal agreement is inconsistent with
4927	the requirements of subsection (3) or this subsection, the state
4928	land planning agency shall forward it to the Administration
4929	Commission, which may impose sanctions against the local
4930	government pursuant to s. 163.3184(8) 163.3184(11) and may
4931	impose sanctions against the district school board by directing
4932	the Department of Education to withhold an equivalent amount of
4933	funds for school construction available pursuant to ss. 1013.65,
4934	1013.68, 1013.70, and 1013.72.
4935	(5)  If an executed interlocal agreement is not timely
4936	submitted to the state land planning agency for review, the
4937	state land planning agency shall, within 15 working days after
4938	the deadline for submittal, issue to the local government and
4939	the district school board a notice to show cause why sanctions
4940	should not be imposed for failure to submit an executed
4941	interlocal agreement by the deadline established by the agency.
4942	The agency shall forward the notice and the responses to the
4943	Administration Commission, which may enter a final order citing
4944	the failure to comply and imposing sanctions against the local
4945	government and district school board by directing the
4946	appropriate agencies to withhold at least 5 percent of state
4947	funds pursuant to s. 163.3184(8) 163.3184(11) and by directing
4948	the Department of Education to withhold from the district school
4949	board at least 5 percent of funds for school construction
4950	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
4951	1013.72.
4952	Reviser's note.-Amended to conform to the
4953	redesignation of s. 163.3184(11) as s. 163.3184(8) by
4954	s. 17, ch. 2011-139, Laws of Florida.
4955	Section 101.  Subsection (6) of section 1013.36, Florida
4956	Statutes, is amended to read:
4957	1013.36  Site planning and selection.-
4958	(6)  If the school board and local government have entered
4959	into an interlocal agreement pursuant to s. 1013.33(2) and
4960	either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
4961	process to ensure consistency between the local government
4962	comprehensive plan and the school district educational
4963	facilities plan, site planning and selection must be consistent
4964	with the interlocal agreements and the plans.
4965	Reviser's note.-Amended to conform to the repeal of s.
4966	163.3177(6)(h)4. by s. 12, ch. 2011-139, Laws of
4967	Florida.
4968	Section 102.  Paragraph (a) of subsection (1) of section
4969	1013.51, Florida Statutes, is amended to read:
4970	1013.51  Expenditures authorized for certain
4971	infrastructure.-
4972	(1)(a)  Subject to exemption from the assessment of fees
4973	pursuant to s. 1013.371(1) 1013.37(1), education boards, boards
4974	of county commissioners, municipal boards, and other agencies
4975	and boards of the state may expend funds, separately or
4976	collectively, by contract or agreement, for the placement,
4977	paving, or maintaining of any road, byway, or sidewalk if the
4978	road, byway, or sidewalk is contiguous to or runs through the
4979	property of any educational plant or for the maintenance or
4980	improvement of the property of any educational plant or of any
4981	facility on such property. Expenditures may also be made for
4982	sanitary sewer, water, stormwater, and utility improvements
4983	upon, or contiguous to, and for the installation, operation, and
4984	maintenance of traffic control and safety devices upon, or
4985	contiguous to, any existing or proposed educational plant.
4986	Reviser's note.-Amended to correct an apparent error
4987	and facilitate correct interpretation. There is no
4988	reference to fees in s. 1013.37(1); it relates to the
4989	adoption and standards of a uniform statewide building
4990	code for the planning and construction of public
4991	educational facilities. Section 1013.371(1) provides
4992	that public and ancillary plans constructed by a board
4993	are exempt from the assessment of certain fees.
4994	Section 103.  This act shall take effect on the 60th day
4995	after adjournment sine die of the session of the Legislature in
4996	which enacted.

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