2017 Legislature                                          SB 506
    2         An act relating to the Florida Statutes; amending ss.
    3         73.073, 110.2037, 250.116, 250.40, 257.12, 258.015,
    4         258.15, 261.06, 265.703, 267.075, 267.173, 267.1735,
    5         288.1082, 288.774, 288.776, 311.07, 375.065, and
    6         379.2402, F.S., and repealing s. 217.14, F.S., to
    7         conform to the directive of the Legislature in section
    8         9 of chapter 2012-116, Laws of Florida, codified as
    9         section 11.242(5)(j), Florida Statutes, to prepare a
   10         reviser’s bill to omit all statutes and laws, or parts
   11         thereof, which grant duplicative, redundant, or unused
   12         rulemaking authority; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (2) of section 73.073, Florida
   17  Statutes, is amended to read:
   18         73.073 Eminent domain procedure with respect to condominium
   19  common elements.—
   20         (2) With respect to the exercise of eminent domain or a
   21  negotiated sale for the purchase or taking of a portion of the
   22  common elements of a condominium, the condemning authority shall
   23  have the responsibility of contacting the condominium
   24  association and acquiring the most recent rolls indicating the
   25  names of the unit owners or contacting the appropriate taxing
   26  authority to obtain the names of the owners of record on the tax
   27  rolls. Notification shall be sent by certified mail, return
   28  receipt requested, to the unit owners of record of the
   29  condominium units by the condemning authority indicating the
   30  intent to purchase or take the required property and requesting
   31  a response from the unit owner. The condemning authority shall
   32  be responsible for the expense of sending notification pursuant
   33  to this section. Such notice shall, at a minimum, include:
   34         (a) The name and address of the condemning authority.
   35         (b) A written or visual description of the property.
   36         (c) The public purpose for which the property is needed.
   37         (d) The appraisal value of the property.
   38         (e) A clear, concise statement relating to the unit owner’s
   39  right to object to the taking or appraisal value and the
   40  procedures and effects of exercising that right.
   41         (f) A clear, concise statement relating to the power of the
   42  association to convey the property on behalf of the unit owners
   43  if no objection to the taking or appraisal value is raised, and
   44  the effects of this alternative on the unit owner.
   46  The Division of Florida Condominiums, Timeshares, and Mobile
   47  Homes of the Department of Business and Professional Regulation
   48  may adopt, by rule, a standard form for such notice and may
   49  require the notice to include any additional relevant
   50  information.
   51         Section 2. Subsection (5) of section 110.2037, Florida
   52  Statutes, is amended to read:
   53         110.2037 Alternative benefits; tax-sheltered annual leave
   54  and sick leave payments and special compensation payments.—
   55         (5) The department shall determine by rule the design of
   56  the plans and the eligibility of participants.
   57         Section 3. Section 217.14, Florida Statutes, is repealed.
   58         Section 4. Subsection (7) of section 250.116, Florida
   59  Statutes, is amended to read:
   60         250.116 Soldiers and Airmen Assistance Program.—
   61         (7) RULES.—The Department of Military Affairs may adopt
   62  rules to administer this section.
   63         Section 5. Paragraphs (c) and (f) of subsection (5) of
   64  section 250.40, Florida Statutes, are amended to read:
   65         250.40 Armory Board; creation; membership, terms, and
   66  compensation; duties and responsibilities.—
   67         (5) The Armory Board must:
   68         (c) Receive from counties, municipalities, and other
   69  sources donations of land, services, or money to aid in
   70  providing, operating, improving, and maintaining armories and
   71  other facilities used for military purposes. The national
   72  military policy recognizes the Florida National Guard as an
   73  important component of the United States Army and Air Force, and
   74  a member of the total force, sharing in the defense of the
   75  country. The Florida National Guard is available to assist the
   76  state and local governments in the event of an emergency.
   77  Therefore, it is reasonable and equitable that the expense of
   78  maintaining the Florida National Guard be shared by the federal,
   79  state, and local governments. As the Federal Government is
   80  providing liberally for the equipment and training of the
   81  Florida National Guard and the state for its administration,
   82  management, and maintenance, local governments are encouraged to
   83  provide services at no cost to Florida National Guard armories.
   84         1. Any contributions of money, any moneys derived from the
   85  rental of armories and other facilities, the armory-operations
   86  allowances provided in s. 250.20, and all money collected
   87  through fines imposed by a court-martial or nonjudicial
   88  proceeding of the Florida National Guard, as provided in s.
   89  250.36(5), shall be received on behalf of the Armory Board by
   90  the post commander of such facility and must be deposited into a
   91  federal depository, approved by the Department of Military
   92  Affairs, in an account in a banking institution in the county in
   93  which such facility is located.
   94         2. The funds received shall be disbursed for the purposes
   95  enumerated in this subsection at the discretion of the post
   96  commander according to rules established by the Armory Board.
   97         3. Any real property donated shall be held as other
   98  property for use by the state, and counties and municipalities
   99  may make donations of lands by deed or long-term lease and
  100  contributions of moneys for the purposes set forth in this
  101  section, and may issue bonds or certificates of indebtedness to
  102  provide funds for such purposes. Boards of county commissioners
  103  may levy taxes, not to exceed 1 mill, to provide funds for the
  104  construction of armories or for the retirement of bonds or
  105  certificates of indebtedness issued to provide funds for the
  106  construction of armories. Counties and municipalities may
  107  construct armories upon state-owned land, which may be made
  108  available for such purpose by action of the Armory Board.
  109  Counties and municipalities may also grant to the Armory Board,
  110  by deed or long-term leases, property that is acquired or
  111  buildings that are constructed for military purposes. Each local
  112  government is encouraged to provide economic incentives to
  113  reduce the cost of locating Florida National Guard facilities in
  114  its jurisdiction. A local government may appropriate funds to
  115  pay expenses of the Florida National Guard unit in its
  116  jurisdiction. Such funds will be received, accounted for, and
  117  dispersed as other funds received by the unit.
  118         (f) Adopt rules for managing armories and other facilities
  119  under the control of the Department of Military Affairs. The
  120  rules must ensure that federal and state military property is
  121  secure. Each unit commander shall provide for the safekeeping,
  122  accountability, and proper care of such property and for its
  123  protection against misappropriation or loss. An armory, while it
  124  is occupied and in use by troops, is a military post and must be
  125  under the control and jurisdiction of the post commander. A
  126  building that is not under the control and supervision of the
  127  post commander or other properly constituted military authority
  128  may not be used to house or train troops or to store military
  129  property.
  130         Section 6. Subsection (3) of section 257.12, Florida
  131  Statutes, is amended to read:
  132         257.12 Division of Library and Information Services
  133  authorized to accept and expend federal funds.—
  134         (3) All public libraries are encouraged to adopt an
  135  Internet safety education program, including the implementation
  136  of a computer-based educational program, which has been endorsed
  137  by a government-sanctioned law enforcement agency or other
  138  reputable public safety advocacy organization and is designed
  139  for children and adults. The purpose of the Internet safety
  140  education program is to promote the use of prudent online
  141  deportment and broaden awareness of online predators. The
  142  program must be interactive and age-appropriate. Each library
  143  shall annually report to the division the annual number of
  144  program participants who complete the Internet safety education
  145  program. By April 1, 2010, the division shall reward adopt rules
  146  for rewarding those libraries in the program grant application
  147  process which have had 1 percent or more of their annual number
  148  of program participants, based on the total number of registered
  149  borrowers from the preceding year, complete the Internet safety
  150  education program adopted by the library. Program participants
  151  completing the program as a result of strategic partnerships or
  152  collaboration between the library and other entities shall be
  153  integrated into the library’s annual report. The division shall
  154  adopt rules to allocate 10 percent of the total points available
  155  in the library services and technology grant application
  156  evaluation process to public libraries that are in compliance
  157  with this section, beginning with the grant application cycle
  158  for the 2011-2012 fiscal year.
  159         Section 7. Paragraph (b) of subsection (3) of section
  160  258.015, Florida Statutes, is amended to read:
  161         258.015 Citizen support organizations; use of property;
  162  audit.—
  163         (3) PARTNERSHIPS IN PARKS.—
  164         (b) The Legislature may annually appropriate funds from the
  165  Land Acquisition Trust Fund for use only as state matching
  166  funds, in conjunction with private donations in aggregates of at
  167  least $60,000 matched by $40,000 of state funds for a total
  168  minimum project amount of $100,000 for capital improvement
  169  facility development at state parks, at either individually
  170  designated parks or for priority projects within the overall
  171  state park system. Not more than 30 percent of the Land
  172  Acquisition Trust Fund unencumbered fund balance or $3 million,
  173  whichever is less, shall be reserved, available annually for
  174  matching private donations. The amount held in reserve for the
  175  state match will be no greater than $6 million for any fiscal
  176  year. State funds from the Land Acquisition Trust Fund or other
  177  appropriate funding sources shall be used for matching private
  178  donations for 40 percent of the projects’ costs. Funds held in
  179  reserve for the purposes of this subsection shall be available
  180  only after the requirements of s. 375.041(4) are met. Citizen
  181  support organizations organized and operating for the benefit of
  182  state parks may acquire private donations pursuant to this
  183  section, and matching state funds for approved projects may be
  184  provided in accordance with this subsection. The department is
  185  authorized to properly recognize and honor a private donor by
  186  placing a plaque or other appropriate designation noting the
  187  contribution on project facilities or by naming project
  188  facilities after the person or organization that provided
  189  matching funds. The department is authorized to adopt necessary
  190  administrative rules to carry out the purposes of this
  191  subsection.
  192         Section 8. Subsection (2) of section 258.15, Florida
  193  Statutes, is amended to read:
  194         258.15 St. Michael’s Cemetery designated a state park.—
  195         (2) The Division of Recreation and Parks of the Department
  196  of Environmental Protection shall manage and operate the said
  197  cemetery and shall be authorized to make such reasonable rules
  198  and regulations with respect to the said cemetery as the said
  199  division shall deem necessary for the orderly operation,
  200  protection, and preservation of said cemetery. However, this
  201  section shall not be construed to prevent, and no rule and
  202  regulation shall be made which will prevent, the continued
  203  interment of bodies in the cemetery lots which are privately
  204  owned.
  205         Section 9. Subsection (11) of section 261.06, Florida
  206  Statutes, is amended to read:
  207         261.06 Functions, duties, and responsibilities of the
  208  department.—The following are functions, duties, and
  209  responsibilities of the department through the Florida Forest
  210  Service:
  211         (11) Rulemaking authority to implement the provisions of
  212  ss. 261.01-261.10.
  213         Section 10. Paragraph (b) of subsection (2) of section
  214  265.703, Florida Statutes, is amended to read:
  215         265.703 Citizen support organizations; use of state
  216  administrative services and property; audit.—
  218         (b) The division may prescribe by rule any condition with
  219  which a citizen support organization shall comply in order to
  220  use division administrative services, property, or facilities.
  221         Section 11. Paragraph (d) of subsection (4) of section
  222  267.075, Florida Statutes, is amended to read:
  223         267.075 The Grove Advisory Council; creation; membership;
  224  purposes.—
  225         (4)
  226         (d) The Division of Historical Resources shall adopt rules
  227  governing the maintenance and use of The Grove; the selection,
  228  acquisition, and disposition of furnishings and decorations for
  229  the premises; and the acceptance of gifts, contributions,
  230  bequests, or loans of property.
  231         Section 12. Paragraph (c) of subsection (4) of section
  232  267.173, Florida Statutes, is amended to read:
  233         267.173 Historic preservation in West Florida; goals;
  234  contracts for historic preservation; powers and duties.—
  235         (4)
  236         (c) The university or its direct-support organization, if
  237  permitted in the contract with the university, shall have the
  238  authority to:
  239         1. Enter into agreements to accept credit card payments as
  240  compensation, and establish accounts in credit card banks for
  241  the deposit of credit card sales invoices.
  242         2. Fix and collect charges for admission to any of the
  243  state-owned facilities governed by this section.
  244         3. Permit the acceptance of tour vouchers issued by tour
  245  organizations or travel agents for payment of admissions.
  246         4. Adopt and enforce reasonable rules, regulations, or
  247  policies to govern the conduct of the visiting public.
  248         Section 13. Paragraph (c) of subsection (4) of section
  249  267.1735, Florida Statutes, is amended to read:
  250         267.1735 Historic preservation in St. Augustine; goals;
  251  contracts for historic preservation; powers and duties.—
  252         (4)
  253         (c) The university or its direct-support organization, if
  254  permitted in its contract with the university, shall have the
  255  authority to:
  256         1. Enter into agreements to accept credit card payments as
  257  compensation and establish accounts in credit card banks for the
  258  deposit of credit card sales invoices.
  259         2. Fix and collect charges for admission to any of the
  260  state-owned facilities under contract with the Board of Trustees
  261  of the Internal Improvement Trust Fund.
  262         3. Permit the acceptance of tour vouchers issued by tour
  263  organizations or travel agents for payment of admissions.
  264         4. Adopt and enforce reasonable rules to govern the conduct
  265  of the visiting public.
  266         Section 14. Subsection (9) of section 288.1082, Florida
  267  Statutes, is amended to read:
  268         288.1082 Economic Gardening Technical Assistance Pilot
  269  Program.—
  270         (9) The department may adopt rules under ss. 120.536(1) and
  271  120.54 to administer this section.
  272         Section 15. Paragraph (a) of subsection (3) and subsection
  273  (4) of section 288.774, Florida Statutes, are amended to read:
  274         288.774 Powers and limitations.—
  275         (3)(a) The board shall adopt rules on the terms and limits
  276  for loans, guarantees, and direct loan originations, but a loan
  277  guarantee or a direct loan origination shall not exceed 90
  278  percent of the transaction contract.
  279         (4) The board shall adopt rules to ensure that program
  280  participants graduate from the program to private financing and
  281  that no applicant receives more than $500,000 of assistance over
  282  any 5-year period. On a case-by-case basis, the board may exempt
  283  applicants from this limitation if the applicant demonstrates
  284  that he or she cannot secure financing from traditional lending
  285  sources. The term “applicant,” as used in this subsection, means
  286  any individual corporate officer or business owner regardless of
  287  whether the business name changes from application to
  288  application.
  289         Section 16. Paragraphs (a) and (d) of subsection (3) of
  290  section 288.776, Florida Statutes, are amended to read:
  291         288.776 Board of directors; powers and duties.—
  292         (3) The board shall:
  293         (a) Prior to the expenditure of funds from the export
  294  finance account, adopt bylaws, rules, and policies which are
  295  necessary to carry out the responsibilities under this part,
  296  particularly with respect to the implementation of the
  297  corporation’s programs to insure, coinsure, lend, provide loan
  298  guarantees, and make direct, guaranteed, or collateralized loans
  299  by the corporation to support export transactions. The
  300  corporation’s bylaws, rules, and policies shall be reviewed and
  301  approved by Enterprise Florida, Inc., prior to final adoption by
  302  the board.
  303         (d) Adopt policies, including criteria, establishing which
  304  exporters and export transactions shall be eligible for
  305  insurance, coinsurance, loan guarantees, and direct, guaranteed,
  306  or collateralized loans which may be extended by the
  307  corporation. Pursuant to this subsection, the board shall adopt
  308  rules to include the following criteria:
  309         1. Any individual signing any corporation loan application
  310  and loan or guarantee agreement shall have an equity in the
  311  business applying for financial assistance.
  312         2. Each program shall exclusively support the export of
  313  goods and services by small and medium-sized businesses which
  314  are domiciled in this state. Priority shall be given to goods
  315  which have value added in this state.
  316         3. Financial assistance shall only be extended when at
  317  least one of the following circumstances exists:
  318         a. The assistance is required to secure the participation
  319  of small and medium-sized export businesses in federal, state,
  320  or private financing programs.
  321         b. No conventional source of lender support is available
  322  for the business from public or private financing sources.
  324  Personal financial records, trade secrets, or proprietary
  325  information of applicants shall be confidential and exempt from
  326  the provisions of s. 119.07(1).
  327         Section 17. Subsection (5) of section 311.07, Florida
  328  Statutes, is amended to read:
  329         311.07 Florida seaport transportation and economic
  330  development funding.—
  331         (5) The Department of Transportation may subject any
  332  project that receives funds pursuant to this section and s.
  333  320.20 to a final audit. The department may adopt rules and
  334  perform such other acts as are necessary or convenient to ensure
  335  that the final audits are conducted and that any deficiency or
  336  questioned costs noted by the audit are resolved.
  337         Section 18. Subsection (3) of section 375.065, Florida
  338  Statutes, is amended to read:
  339         375.065 Public beaches; financial and other assistance by
  340  Department of Environmental Protection to local governments.—
  341         (3) The department is authorized to promulgate such rules
  342  and forms as may be necessary to carry out the purposes of this
  343  section and to ensure that all projects to which assistance is
  344  rendered hereunder are for the purpose of providing public
  345  beaches for recreation purposes.
  346         Section 19. Section 379.2402, Florida Statutes, is amended
  347  to read:
  348         379.2402 Marine information system.—The Fish and Wildlife
  349  Conservation Commission shall establish by rule a marine
  350  information system in conjunction with the licensing program to
  351  gather marine fisheries data.
  352         Reviser’s note.—Amends or repeals provisions of the Florida
  353         Statutes pursuant to the directive of the Legislature in s.
  354         9, ch. 2012-116, Laws of Florida, codified as s.
  355         11.242(5)(j), Florida Statutes, to prepare a reviser’s bill
  356         to omit all statutes and laws, or parts thereof, which
  357         grant duplicative, redundant, or unused rulemaking
  358         authority.
  359         Section 20. This act shall take effect on the 60th day
  360  after adjournment sine die of the session of the Legislature in
  361  which enacted.