ENROLLED

2008 LegislatureCS for SB 1678

20081678er

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An act relating to the Florida Statutes; amending ss.

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7.11, 7.13, 7.44, 11.904, 11.908, 15.0395, 20.23, 26.021,

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26.32, 30.071, 35.05, 39.0132, 92.05, 99.012, 106.023,

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106.0706, 112.324, 120.545, 121.051, 121.091, 121.121,

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121.4501, 124.01, 125.901, 159.804, 163.06, 163.3182,

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163.32465, 163.430, 166.271, 171.071, 171.205, 190.005,

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192.0105, 198.13, 200.001, 202.20, 212.08, 215.555,

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215.5586, 218.415, 222.25, 250.83, 253.033, 253.034,

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257.38, 258.001, 258.11, 258.12, 258.39, 258.397,

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286.0111, 288.0655, 288.1223, 288.1254, 288.8175,

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288.9015, 288.90151, 288.9551, 288.975, 316.003, 320.0805,

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322.34, 323.001, 328.07, 337.0261, 338.231, 339.175,

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343.92, 348.243, 364.02, 367.171, 369.255, 370.142,

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370.172, 372.09, 373.026, 373.073, 373.1501, 373.1502,

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373.1961, 373.414, 373.4211, 373.4592, 373.4595, 373.470,

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373.472, 376.308, 377.42, 381.0273, 381.0404, 381.92,

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383.412, 390.012, 390.014, 390.018, 393.23, 395.402,

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400.063, 400.0712, 400.506, 400.995, 403.031, 403.201,

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403.707, 403.890, 403.8911, 403.973, 408.032, 409.166,

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409.1677, 409.25661, 413.271, 420.5095, 420.9076, 429.35,

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429.907, 440.3851, 445.004, 446.43, 468.832, 468.8419,

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468.842, 477.0135, 481.215, 481.313, 487.048, 489.115,

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489.127, 489.517, 489.531, 497.172, 497.271, 497.466,

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500.148, 501.022, 501.976, 553.73, 553.791, 610.104,

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617.0802, 624.316, 627.0628, 627.06292, 627.311, 627.351,

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627.3511, 627.4133, 627.701, 627.7261, 627.736, 628.461,

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628.4615, 633.01, 633.025, 660.417, 736.0802, 741.3165,

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744.1076, 812.1725, 817.625, 832.062, 921.0022, 932.701,

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940.05, 943.0314, 943.32, 943.35, 947.06, 1001.11,

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1001.215, 1001.395, 1002.35, 1002.39, 1002.72, 1003.4156,

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1003.428, 1004.43, 1004.4472, 1004.55, 1004.76, 1005.38,

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1008.25, 1008.345, 1009.01, 1009.24, 1009.98, 1011.48,

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1012.61, 1012.875, and 1013.73, F.S.; and reenacting ss.

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215.559 and 338.165, F.S.; pursuant to s. 11.242, F.S.;

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deleting provisions that have expired, have become

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obsolete, have had their effect, have served their

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purpose, or have been impliedly repealed or superseded;

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replacing incorrect cross-references and citations;

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correcting grammatical, typographical, and like errors;

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removing inconsistencies, redundancies, and unnecessary

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repetition in the statutes; improving the clarity of the

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statutes and facilitating their correct interpretation;

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and confirming the restoration of provisions

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unintentionally omitted from republication in the acts of

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the Legislature during the amendatory process; providing

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an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 7.11, Florida Statutes, is amended to

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read:

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     7.11  Collier County.--The boundary lines of Collier County

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are as follows: Beginning where the north line to township forty-

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eight south extended westerly intersects the western boundary of

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the State of Florida in the waters of the Gulf of Mexico; thence

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easterly on said township line to the northwest corner of section

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four of township forty-eight south of range twenty-five east;

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thence south to the northwest corner of section nine of said

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township and range; thence east to the eastern boundary line of

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range twenty-six east; thence north on said range line to the

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northwest corner of township forty-seven south of range twenty-

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seven east; thence east on the north line of township forty-seven

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south to the east line of range twenty-seven east; thence north

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on said range line to the north line of township forty-six south;

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thence east on the north line of township forty-six south to the

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east line of range thirty east; thence south on said range line

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to the north line of township forty-nine south; thence east on

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the north line of said township forty-nine south to the east line

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of range thirty-four east and the west boundary of Broward

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County; thence south on said range line, concurrent with the west

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boundary of Broward and Miami-Dade Dade Counties, to the point of

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intersection with the south line of township fifty-three south;

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thence west on the south line of said township fifty-three south

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to where that line extended intersects the western boundary of

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the State of Florida in the waters of the Gulf of Mexico; thence

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northwesterly and along the waters of said Gulf of Mexico,

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including the waters of said gulf within the jurisdiction of the

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State of Florida, to the point of beginning.

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Reviser's note.--Amended to conform to the redesignation of

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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

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Dade County Code.

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     Section 2.  Section 7.13, Florida Statutes, is amended to

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read:

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     7.13 Miami-Dade Dade County.--The boundary lines of Miami-

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Dade Dade County are as follows: Beginning at the southwest

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corner of township fifty-one south, range thirty-five east;

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thence east following the south line of township fifty-one south,

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across ranges thirty-five, thirty-six, thirty-seven, thirty-

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eight, thirty-nine and forty east, to the southwest corner of

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township fifty-one south, range forty-one east; thence north on

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the range line dividing ranges forty and forty-one east to the

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northwest corner of section thirty-one, township fifty-one south,

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range forty-one east; thence east on the north boundary of said

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section thirty-one and other sections to the waters of the

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Atlantic Ocean; thence easterly to the eastern boundary of the

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State of Florida; thence southward along the coast, including the

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waters of the Atlantic Ocean and the gulf stream within the

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jurisdiction of the State of Florida, to a point on the reefs of

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Florida immediately opposite the mouth of Broad Creek (a stream

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separating Cayo Lago from Old Rhodes Key); thence in a direct

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line through the middle of said stream to a point east of Mud

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Point, said point being located on the east line of the west one

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half of section seven, township fifty-nine south, range forty

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east, at a distance of two thousand three hundred feet, more or

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less, south of the northeast corner of the west one half of said

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section seven being a point on the existing Miami-Dade Dade

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County boundary line as established by s. 7.13; thence run

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southerly along the east line of the west one half of said

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section seven, township fifty-nine south, range forty east, to a

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point two thousand feet, more or less, north of the south line of

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said section seven; thence run westerly along a line parallel to

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the south line of said section seven, through the open water

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midway between two islands lying in the west one half of said

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section seven to a point on the west line of section seven,

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township fifty-nine south, range forty east; thence run southerly

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for a distance of two thousand feet, more or less, to the

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southwest corner of said section seven; thence run southerly

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along the west line of section eighteen, township fifty-nine

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south, range forty east, to the southwest corner of said section

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eighteen; thence run in a southwesterly direction along a

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straight line to the southwest corner of section twenty-four,

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township fifty-nine south, range thirty-nine east; thence run

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southerly along the east line of section twenty-six, township

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fifty-nine south, range thirty-nine east, to the southeast corner

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of said section twenty-six; thence run southerly along the east

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line of section thirty-five, township fifty-nine south, range

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thirty-nine east, to a point of intersection with a line drawn

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parallel with the north line of said section thirty-five and

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through the open water midway between Main and Short Key; thence

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run westerly along a line parallel to the north line of said

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section thirty-five, through the open water midway between Main

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and Short Key to a point on the west line of section thirty-five

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and a point on the east line of section thirty-four, township

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fifty-nine south, range thirty-nine east; thence run

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southwesterly in a straight line to the southwest corner of the

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southeast quarter of said section thirty-four and the northeast

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corner of the northwest quarter of section three, township sixty

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south, range thirty-nine east; thence run southerly along the

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east line of the northwest quarter of said section three to the

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southeast corner of the northwest quarter of said section three;

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thence run westerly along the south line of the northwest quarter

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of said section three to the southwest corner of the northwest

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quarter of said section three; thence run westerly to a point on

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the northerly bank of Manatee Creek at the easterly mouth of said

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Manatee Creek; thence run westerly meandering the northerly bank

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of Manatee Creek to the intersection thereof with the west right-

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of-way line of United States Highway No. 1, said right-of-way

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line being the east boundary of the Everglades National Park and

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said north bank of Manatee Creek being the southerly line of the

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mainland of the State of Florida and the existing boundary line

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between Miami-Dade Dade County and Monroe County; thence along

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the mainland to the range line between ranges thirty-four and

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thirty-five east, thence due north on said range line to place of

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beginning. However, the boundary lines of Miami-Dade Dade County

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shall not include the following: Begin at the northwest corner of

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section thirty-five, township fifty-one south, range forty-two

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east, Miami-Dade Dade County, Florida; thence, southerly

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following the west line of section thirty-five, township fifty-

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one south, range forty-two east to the intersection with a line

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which is two hundred and thirty feet south of and parallel to the

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north line of section thirty-five, township fifty-one south,

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range forty-two east; thence, easterly following the line which

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is two hundred and thirty feet south of and parallel to the north

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line of section thirty-five, township fifty-one south, range

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forty-two east, to the intersection with the west boundary line

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of the Town of Golden Beach; thence, northerly following the west

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boundary line of the Town of Golden Beach to the intersection

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with the north line of section thirty-five, township fifty-one

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south, range forty-two east; thence, westerly following the north

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line of section thirty-five, township fifty-one south, range

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forty-two east to the point of beginning.

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Reviser's note.--Amended to conform to the redesignation of

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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

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Dade County Code.

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     Section 3.  Section 7.44, Florida Statutes, is amended to

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read:

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     7.44  Monroe County.--So much of the State of Florida as is

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situated south of the County of Collier and west or south of the

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County of Miami-Dade Dade, constitutes the County of Monroe.

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Reviser's note.--Amended to conform to the redesignation of

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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

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Dade County Code.

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     Section 4.  Section 11.904, Florida Statutes, is amended to

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read:

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     11.904  Staff.--The Senate and the House of Representatives

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may each employ staff to work for the joint committee on matters

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related to joint committee activities. The Office of Program

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Policy Analysis and Government Accountability shall provide

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primary research services as directed by the committee and the

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joint committee and assist the committee in conducting the

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reviews under s. 11.907 11.910. Upon request, the Auditor General

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shall assist the committees and the joint committee.

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Reviser's note.--Amended to improve clarity and facilitate

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correct interpretation. Section 11.907 references the

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legislative reviews, and s. 11.910 references information

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for the reviews.

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     Section 5.  Subsection (4) of section 11.908, Florida

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Statutes, is amended to read:

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     11.908  Committee duties.--No later than March 1 of the year

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in which a state agency or its advisory committees are scheduled

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to be reviewed, the committee shall and the joint committee may:

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     (4)  Present to the President of the Senate and the Speaker

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of the House of Representatives a report on the agencies and

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advisory committees scheduled to be reviewed that year by the

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Legislature. In the report, the committee shall include its

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specific findings and recommendations regarding the information

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considered pursuant to s. 11.910, make recommendations as

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described in s. 11.911, and propose legislation as it considers

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necessary. In the joint committee report, the joint committee

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shall include its specific findings and recommendations regarding

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the information considered pursuant to s. 11.910 11.90 and make

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recommendations as described in s. 11.911.

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Reviser's note.--Amended to confirm substitution by the

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editors of a reference to s. 11.910 for a reference to s.

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11.90 to conform to context. Section 11.90 relates to the

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Legislative Budget Commission; s. 11.910 relates to

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information relevant in determining whether a public need

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exists for continuation of a state agency.

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     Section 6.  Section 15.0395, Florida Statutes, is amended to

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read:

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     15.0395  Official festival.--The festival "Calle Ocho-Open

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House 8," a Florida historical festival presented annually by the

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Kiwanis Club of Little Havana and the Hispanic citizens of Miami-

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Dade Dade County, is hereby recognized as a festival of Florida.

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Reviser's note.--Amended to conform to the redesignation of

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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

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Dade County Code.

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     Section 7.  Paragraph (a) of subsection (4) of section

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20.23, Florida Statutes, is amended to read:

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     20.23  Department of Transportation.--There is created a

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Department of Transportation which shall be a decentralized

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agency.

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     (4)(a)  The operations of the department shall be organized

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into seven districts, each headed by a district secretary and a

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turnpike enterprise, headed by an executive director. The

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district secretaries and the turnpike executive director shall be

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registered professional engineers in accordance with the

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provisions of chapter 471 or, in lieu of professional engineer

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registration, a district secretary or turnpike executive director

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may hold an advanced degree in an appropriate related discipline,

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such as a Master of Business Administration. The headquarters of

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the districts shall be located in Polk, Columbia, Washington,

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Broward, Volusia, Miami-Dade Dade, and Hillsborough Counties. The

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headquarters of the turnpike enterprise shall be located in

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Orange County. In order to provide for efficient operations and

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to expedite the decisionmaking process, the department shall

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provide for maximum decentralization to the districts.

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Reviser's note.--Amended to conform to the redesignation of

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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

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Dade County Code.

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     Section 8.  Subsection (11) of section 26.021, Florida

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Statutes, is amended to read:

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     26.021  Judicial circuits; judges.--

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     (11) The eleventh circuit is composed of Miami-Dade Dade

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County.

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The judicial nominating commission of each circuit, in submitting

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nominations for any vacancy in a judgeship, and the Governor, in

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filling any vacancy for a judgeship, shall consider whether the

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existing judges within the circuit, together with potential

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nominees or appointees, reflect the geographic distribution of

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the population within the circuit, the geographic distribution of

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the caseload within the circuit, the racial and ethnic diversity

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of the population within the circuit, and the geographic

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distribution of the racial and ethnic minority population within

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the circuit.

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Reviser's note.--Amended to conform to the redesignation of

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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

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Dade County Code.

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     Section 9.  Section 26.32, Florida Statutes, is amended to

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read:

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     26.32  Eleventh Judicial Circuit.--

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SPRING TERM.

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     Miami-Dade Dade County, second Tuesday in May.

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FALL TERM.

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     Miami-Dade Dade County, second Tuesday in November.

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Reviser's note.--Amended to conform to the redesignation of

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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

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Dade County Code.

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     Section 10.  Paragraph (b) of subsection (1) of section

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30.071, Florida Statutes, is amended to read:

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     30.071  Applicability and scope of act.--

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     (1)  This act applies to all deputy sheriffs, with the

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following exceptions:

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     (b)  Deputy sheriffs in a county that, by special act of the

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Legislature, local charter, ordinance, or otherwise, has

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established a civil or career service system which grants

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collective bargaining rights for deputy sheriffs, including, but

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not limited to, deputy sheriffs in the following counties:

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Broward, Miami-Dade Dade, Duval, Escambia, and Volusia.

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Reviser's note.--Amended to conform to the redesignation of

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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

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Dade County Code.

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     Section 11.  Subsection (1) of section 35.05, Florida

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Statutes, is amended to read:

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     35.05  Headquarters.--

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     (1)  The headquarters of the First Appellate District shall

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be in the Second Judicial Circuit, Tallahassee, Leon County; of

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the Second Appellate District in the Tenth Judicial Circuit,

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Lakeland, Polk County; of the Third Appellate District in the

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Eleventh Judicial Circuit, Miami-Dade Dade County; of the Fourth

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Appellate District in the Fifteenth Judicial Circuit, Palm Beach

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County; and the Fifth Appellate District in the Seventh Judicial

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Circuit, Daytona Beach, Volusia County.

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Reviser's note.--Amended to conform to the redesignation of

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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

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Dade County Code.

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     Section 12.  Paragraph (a) of subsection (4) of section

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39.0132, Florida Statutes, is amended to read:

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     39.0132  Oaths, records, and confidential information.--

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     (4)(a)1.  All information obtained pursuant to this part in

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the discharge of official duty by any judge, employee of the

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court, authorized agent of the department, correctional probation

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officer, or law enforcement agent is confidential and exempt from

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s. 119.07(1) and may not be disclosed to anyone other than the

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authorized personnel of the court, the department and its

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designees, correctional probation officers, law enforcement

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agents, guardian ad litem, and others entitled under this chapter

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to receive that information, except upon order of the court.

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     2.  Any information related to the best interests of a

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child, as determined by a guardian ad litem, which is held by a

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guardian ad litem, including but not limited to medical, mental

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health, substance abuse, child care, education, law enforcement,

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court, social services, and financial records; and any other

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information maintained by a guardian ad litem which is identified

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as confidential information under this chapter; is confidential

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and exempt from s. 119.07(1) and s. 24(a), Art. I of the State

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Constitution. Such confidential and exempt information may not be

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disclosed to anyone other than the authorized personnel of the

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court, the department and its designees, correctional probation

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officers, law enforcement agents, guardians ad litem, and others

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entitled under this chapter to receive that information, except

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upon order of the court. This subparagraph is subject to the Open

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Government Sunset Review Act of 1995 in accordance with s.

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119.15, and shall stand repealed on October 2, 2010, unless

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reviewed and saved from repeal through reenactment by the

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Legislature.

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Reviser's note.--Amended to conform to the renaming of the

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"Open Government Sunset Review Act of 1995" as the "Open

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Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

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of Florida.

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     Section 13.  Section 92.05, Florida Statutes, is amended to

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read:

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     92.05  Final judgments and decrees of courts of record.--All

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final judgments and decrees heretofore or hereafter rendered and

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entered in courts of record of this state, and certified copies

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thereof, shall be admissible as prima facie evidence in the

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several courts of this state of the entry and validity of such

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judgments and decrees. For the purposes of this section, a court

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of record shall be taken and construed to mean any court other

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than a municipal court or the Metropolitan Court of Miami-Dade

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Dade County.

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Reviser's note.--Amended to conform to the redesignation of

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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

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Dade County Code.

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     Section 14.  Subsection (7) of section 99.012, Florida

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Statutes, is amended to read:

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     99.012  Restrictions on individuals qualifying for public

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office.--

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     (7) Nothing contained in subsection (3) subsections (3) and

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(4) relates to persons holding any federal office.

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Reviser's note.--Amended to conform to the repeal of the

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referenced s. 99.012(4) by s. 14, ch. 2007-30, Laws of

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Florida.

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     Section 15.  Subsection (2) of section 106.023, Florida

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Statutes, is amended to read:

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     106.023  Statement of candidate.--

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     (2)  The execution and filing of the statement of candidate

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does not in and of itself create a presumption that any violation

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of this chapter or chapter 104 is a willful violation as defined

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in s. 106.37.

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Reviser's note.--Amended to conform to the repeal of s.

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106.37 by s. 51, ch. 2007-30, Laws of Florida.

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     Section 16.  Section 106.0706, Florida Statutes, is amended

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to read:

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     106.0706  Electronic filing of campaign finance reports;

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confidentiality of information and draft reports.--All user

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identifications and passwords held by the Department of State

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pursuant to s. 106.0705 are confidential and exempt from s.

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119.07(1) and s. 24(a), Art. I of the State Constitution. All

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records, reports, and files stored in the electronic filing

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system pursuant to s. 106.0705 are exempt from s. 119.07(1) and

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s. 24(a), Art. I of the State Constitution until such time as the

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report has been submitted as a filed report. This section is

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subject to the Open Government Sunset Review Act of 1995 in

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accordance with s. 119.15 and shall stand repealed on October 2,

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2009, unless reviewed and saved from repeal through reenactment

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by the Legislature.

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Reviser's note.--Amended to conform to the renaming of the

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"Open Government Sunset Review Act of 1995" as the "Open

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Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

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of Florida.

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     Section 17.  Paragraph (b) of subsection (2) of section

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112.324, Florida Statutes, is amended to read:

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     112.324  Procedures on complaints of violations; public

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records and meeting exemptions.--

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     (2)

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     (b)  Paragraph (a) is subject to the Open Government Sunset

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Review Act of 1995 in accordance with s. 119.15 and shall stand

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repealed on October 2, 2010, unless reviewed and saved from

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repeal through reenactment by the Legislature.

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Reviser's note.--Amended to conform to the renaming of the

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"Open Government Sunset Review Act of 1995" as the "Open

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Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

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of Florida.

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     Section 18.  Subsection (9) of section 120.545, Florida

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Statutes, is amended to read:

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     120.545  Committee review of agency rules.--

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     (9)  If the committee objects to a proposed or existing rule

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and the agency refuses to modify, amend, withdraw, or repeal the

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rule, the committee shall file with the Department of State a

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notice of the objection, detailing with particularity its

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objection to the rule. The Department of State shall publish this

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notice in the Florida Administrative Weekly and shall publish, as

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a history note to the rule in the Florida Administrative Code, a

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reference to the committee's objection and to the issue of the

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Florida Administrative Weekly in which the full text thereof

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appears.

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Reviser's note.--Amended to confirm the insertion of the

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words "Florida Administrative" by the editors to reference

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the complete name of the publication.

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     Section 19.  Paragraph (c) of subsection (2) of section

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121.051, Florida Statutes, is amended to read:

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     121.051  Participation in the system.--

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     (2)  OPTIONAL PARTICIPATION.--

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     (c)  Employees of public community colleges or charter

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technical career centers sponsored by public community colleges,

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as designated in s. 1000.21(3), who are members of the Regular

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Class of the Florida Retirement System and who comply with the

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criteria set forth in this paragraph and in s. 1012.875 may

436

elect, in lieu of participating in the Florida Retirement System,

437

to withdraw from the Florida Retirement System altogether and

438

participate in an optional retirement program provided by the

439

employing agency under s. 1012.875, to be known as the State

440

Community College System Optional Retirement Program. Pursuant

441

thereto:

442

     1.  Through June 30, 2001, the cost to the employer for such

443

annuity shall equal the normal cost portion of the employer

444

retirement contribution which would be required if the employee

445

were a member of the Regular Class defined benefit program, plus

446

the portion of the contribution rate required by s. 112.364(8)

447

that would otherwise be assigned to the Retiree Health Insurance

448

Subsidy Trust Fund. Effective July 1, 2001, each employer shall

449

contribute on behalf of each participant in the optional program

450

an amount equal to 10.43 percent of the participant's gross

451

monthly compensation. The employer shall deduct an amount to

452

provide for the administration of the optional retirement

453

program. The employer providing the optional program shall

454

contribute an additional amount to the Florida Retirement System

455

Trust Fund equal to the unfunded actuarial accrued liability

456

portion of the Regular Class contribution rate.

457

     2.  The decision to participate in such an optional

458

retirement program shall be irrevocable for as long as the

459

employee holds a position eligible for participation, except as

460

provided in subparagraph 3. Any service creditable under the

461

Florida Retirement System shall be retained after the member

462

withdraws from the Florida Retirement System; however, additional

463

service credit in the Florida Retirement System shall not be

464

earned while a member of the optional retirement program.

465

     3.  An employee who has elected to participate in the

466

optional retirement program shall have one opportunity, at the

467

employee's discretion, to choose to transfer from the optional

468

retirement program to the defined benefit program of the Florida

469

Retirement System or to the Public Employee Optional Retirement

470

Program, subject to the terms of the applicable optional

471

retirement program contracts.

472

     a.  If the employee chooses to move to the Public Employee

473

Optional Retirement Program, any contributions, interest, and

474

earnings creditable to the employee under the State Community

475

College System Optional Retirement Program shall be retained by

476

the employee in the State Community College System Optional

477

Retirement Program, and the applicable provisions of s.

478

121.4501(4) shall govern the election.

479

     b.  If the employee chooses to move to the defined benefit

480

program of the Florida Retirement System, the employee shall

481

receive service credit equal to his or her years of service under

482

the State Community College System Optional Retirement Program.

483

     (I)  The cost for such credit shall be an amount

484

representing the present value of that employee's accumulated

485

benefit obligation for the affected period of service. The cost

486

shall be calculated as if the benefit commencement occurs on the

487

first date the employee would become eligible for unreduced

488

benefits, using the discount rate and other relevant actuarial

489

assumptions that were used to value the Florida Retirement System

490

defined benefit plan liabilities in the most recent actuarial

491

valuation. The calculation shall include any service already

492

maintained under the defined benefit plan in addition to the

493

years under the State Community College System Optional

494

Retirement Program. The present value of any service already

495

maintained under the defined benefit plan shall be applied as a

496

credit to total cost resulting from the calculation. The division

497

shall ensure that the transfer sum is prepared using a formula

498

and methodology certified by an enrolled actuary.

499

     (II)  The employee must transfer from his or her State

500

Community College System Optional Retirement Program account and

501

from other employee moneys as necessary, a sum representing the

502

present value of that employee's accumulated benefit obligation

503

immediately following the time of such movement, determined

504

assuming that attained service equals the sum of service in the

505

defined benefit program and service in the State Community

506

College System Optional Retirement Program.

507

     4.  Participation in the optional retirement program shall

508

be limited to those employees who satisfy the following

509

eligibility criteria:

510

     a.  The employee must be otherwise eligible for membership

511

or renewed membership in the Regular Class of the Florida

512

Retirement System, as provided in s. 121.021(11) and (12) or s.

513

121.122.

514

     b.  The employee must be employed in a full-time position

515

classified in the Accounting Manual for Florida's Public

516

Community Colleges as:

517

     (I)  Instructional; or

518

     (II)  Executive Management, Instructional Management, or

519

Institutional Management, if a community college determines that

520

recruiting to fill a vacancy in the position is to be conducted

521

in the national or regional market, and:

522

     (A)  The duties and responsibilities of the position include

523

either the formulation, interpretation, or implementation of

524

policies; or

525

     (B)  The duties and responsibilities of the position include

526

the performance of functions that are unique or specialized

527

within higher education and that frequently involve the support

528

of the mission of the community college.

529

     c.  The employee must be employed in a position not included

530

in the Senior Management Service Class of the Florida Retirement

531

System, as described in s. 121.055.

532

     5.  Participants in the program are subject to the same

533

reemployment limitations, renewed membership provisions, and

534

forfeiture provisions as are applicable to regular members of the

535

Florida Retirement System under ss. 121.091(9), 121.122, and

536

121.091(5), respectively.

537

     6.  Eligible community college employees shall be compulsory

538

members of the Florida Retirement System until, pursuant to the

539

procedures set forth in s. 1012.875, a written election to

540

withdraw from the Florida Retirement System and to participate in

541

the State Community College System Optional Retirement Program is

542

filed with the program administrator and received by the

543

division.

544

     a.  Any community college employee whose program eligibility

545

results from initial employment shall be enrolled in the State

546

Community College System Optional Retirement Program retroactive

547

to the first day of eligible employment. The employer retirement

548

contributions paid through the month of the employee plan change

549

shall be transferred to the community college for the employee's

550

optional program account, and, effective the first day of the

551

next month, the employer shall pay the applicable contributions

552

based upon subparagraph 1.

553

     b.  Any community college employee whose program eligibility

554

results from a change in status due to the subsequent designation

555

of the employee's position as one of those specified in

556

subparagraph 4. or due to the employee's appointment, promotion,

557

transfer, or reclassification to a position specified in

558

subparagraph 4. shall be enrolled in the program upon the first

559

day of the first full calendar month that such change in status

560

becomes effective. The employer retirement contributions paid

561

from the effective date through the month of the employee plan

562

change shall be transferred to the community college for the

563

employee's optional program account, and, effective the first day

564

of the next month, the employer shall pay the applicable

565

contributions based upon subparagraph 1.

566

     7.  Effective July 1, 2003, through December 31, 2008, any

567

participant of the State Community College System Optional

568

Retirement Program who has service credit in the defined benefit

569

plan of the Florida Retirement System for the period between his

570

or her first eligibility to transfer from the defined benefit

571

plan to the optional retirement program and the actual date of

572

transfer may, during his or her employment, elect to transfer to

573

the optional retirement program a sum representing the present

574

value of the accumulated benefit obligation under the defined

575

benefit retirement program for such period of service credit.

576

Upon such transfer, all such service credit previously earned

577

under the defined benefit program of the Florida Retirement

578

System during this period shall be nullified for purposes of

579

entitlement to a future benefit under the defined benefit program

580

of the Florida Retirement System.

581

Reviser's note.--Amended to conform to the complete title of

582

the State Community College System Optional Retirement

583

Program as referenced in s. 1012.875.

584

     Section 20.  Paragraph (c) of subsection (1) of section

585

121.091, Florida Statutes, is amended to read:

586

     121.091  Benefits payable under the system.--Benefits may

587

not be paid under this section unless the member has terminated

588

employment as provided in s. 121.021(39)(a) or begun

589

participation in the Deferred Retirement Option Program as

590

provided in subsection (13), and a proper application has been

591

filed in the manner prescribed by the department. The department

592

may cancel an application for retirement benefits when the member

593

or beneficiary fails to timely provide the information and

594

documents required by this chapter and the department's rules.

595

The department shall adopt rules establishing procedures for

596

application for retirement benefits and for the cancellation of

597

such application when the required information or documents are

598

not received.

599

     (1)  NORMAL RETIREMENT BENEFIT.--Upon attaining his or her

600

normal retirement date, the member, upon application to the

601

administrator, shall receive a monthly benefit which shall begin

602

to accrue on the first day of the month of retirement and be

603

payable on the last day of that month and each month thereafter

604

during his or her lifetime. The normal retirement benefit,

605

including any past or additional retirement credit, may not

606

exceed 100 percent of the average final compensation. The amount

607

of monthly benefit shall be calculated as the product of A and B,

608

subject to the adjustment of C, if applicable, as set forth

609

below:

610

     (c)  C is the normal retirement benefit credit brought

611

forward as of November 30, 1970, by a former member of an

612

existing system. Such normal retirement benefit credit shall be

613

determined as the product of X and Y when X is the percentage of

614

average final compensation which the member would have been

615

eligible to receive if the member had attained his or her normal

616

retirement date as of November 30, 1970, all in accordance with

617

the existing system under which the member is covered on November

618

30, 1970, and Y is average final compensation as defined in s.

619

121.021(24) 121.021(25). However, any member of an existing

620

retirement system who is eligible to retire and who does retire,

621

become disabled, or die prior to April 15, 1971, may have his or

622

her retirement benefits calculated on the basis of the best 5 of

623

the last 10 years of service.

624

Reviser's note.--Amended to correct an erroneous reference

625

and conform to context. "Average final compensation" is

626

defined in s. 121.021(24).

627

     Section 21.  Subsection (2) of section 121.121, Florida

628

Statutes, is amended to read:

629

     121.121  Authorized leaves of absence.--

630

     (2)  A member who is required to resign his or her office as

631

a subordinate officer, deputy sheriff, or police officer because

632

he or she is a candidate for a public office which is currently

633

held by his or her superior officer who is also a candidate for

634

reelection to the same office, in accordance with s. 99.012(4)

635

99.012(5), shall, upon return to covered employment, be eligible

636

to purchase retirement credit for the period between his or her

637

date of resignation and the beginning of the term of office for

638

which he or she was a candidate as a leave of absence without

639

pay, as provided in subsection (1).

640

Reviser's note.--Amended to conform to the redesignation of

641

s. 99.012(5) as s. 99.012(4) by s. 14, ch. 2007-30, Laws of

642

Florida.

643

     Section 22.  Paragraph (f) of subsection (2) and paragraph

644

(a) of subsection (4) of section 121.4501, Florida Statutes, are

645

amended to read:

646

     121.4501  Public Employee Optional Retirement Program.--

647

     (2)  DEFINITIONS.--As used in this part, the term:

648

     (f)  "Eligible employee" means an officer or employee, as

649

defined in s. 121.021(11), who:

650

     1.  Is a member of, or is eligible for membership in, the

651

Florida Retirement System, including any renewed member of the

652

Florida Retirement System; or

653

     2.  Participates in, or is eligible to participate in, the

654

Senior Management Service Optional Annuity Program as established

655

under s. 121.055(6), the State Community College System Optional

656

Retirement Program as established under s. 121.051(2)(c), or the

657

State University System Optional Retirement Program established

658

under s. 121.35.

659

660

The term does not include any member participating in the

661

Deferred Retirement Option Program established under s.

662

121.091(13) or a mandatory participant of the State University

663

System Optional Retirement Program established under s. 121.35.

664

     (4)  PARTICIPATION; ENROLLMENT.--

665

     (a)1.  With respect to an eligible employee who is employed

666

in a regularly established position on June 1, 2002, by a state

667

employer:

668

     a.  Any such employee may elect to participate in the Public

669

Employee Optional Retirement Program in lieu of retaining his or

670

her membership in the defined benefit program of the Florida

671

Retirement System. The election must be made in writing or by

672

electronic means and must be filed with the third-party

673

administrator by August 31, 2002, or, in the case of an active

674

employee who is on a leave of absence on April 1, 2002, by the

675

last business day of the 5th month following the month the leave

676

of absence concludes. This election is irrevocable, except as

677

provided in paragraph (e). Upon making such election, the

678

employee shall be enrolled as a participant of the Public

679

Employee Optional Retirement Program, the employee's membership

680

in the Florida Retirement System shall be governed by the

681

provisions of this part, and the employee's membership in the

682

defined benefit program of the Florida Retirement System shall

683

terminate. The employee's enrollment in the Public Employee

684

Optional Retirement Program shall be effective the first day of

685

the month for which a full month's employer contribution is made

686

to the optional program.

687

     b.  Any such employee who fails to elect to participate in

688

the Public Employee Optional Retirement Program within the

689

prescribed time period is deemed to have elected to retain

690

membership in the defined benefit program of the Florida

691

Retirement System, and the employee's option to elect to

692

participate in the optional program is forfeited.

693

     2.  With respect to employees who become eligible to

694

participate in the Public Employee Optional Retirement Program by

695

reason of employment in a regularly established position with a

696

state employer commencing after April 1, 2002:

697

     a.  Any such employee shall, by default, be enrolled in the

698

defined benefit retirement program of the Florida Retirement

699

System at the commencement of employment, and may, by the last

700

business day of the 5th month following the employee's month of

701

hire, elect to participate in the Public Employee Optional

702

Retirement Program. The employee's election must be made in

703

writing or by electronic means and must be filed with the third-

704

party administrator. The election to participate in the optional

705

program is irrevocable, except as provided in paragraph (e).

706

     b.  If the employee files such election within the

707

prescribed time period, enrollment in the optional program shall

708

be effective on the first day of employment. The employer

709

retirement contributions paid through the month of the employee

710

plan change shall be transferred to the optional program, and,

711

effective the first day of the next month, the employer shall pay

712

the applicable contributions based on the employee membership

713

class in the optional program.

714

     c.  Any such employee who fails to elect to participate in

715

the Public Employee Optional Retirement Program within the

716

prescribed time period is deemed to have elected to retain

717

membership in the defined benefit program of the Florida

718

Retirement System, and the employee's option to elect to

719

participate in the optional program is forfeited.

720

     3.  With respect to employees who become eligible to

721

participate in the Public Employee Optional Retirement Program

722

pursuant to s. 121.051(2)(c)3. or s. 121.35(3)(i), any such

723

employee may elect to participate in the Public Employee Optional

724

Retirement Program in lieu of retaining his or her participation

725

in the State Community College System Optional Retirement Program

726

or the State University System Optional Retirement Program. The

727

election must be made in writing or by electronic means and must

728

be filed with the third-party administrator. This election is

729

irrevocable, except as provided in paragraph (e). Upon making

730

such election, the employee shall be enrolled as a participant of

731

the Public Employee Optional Retirement Program, the employee's

732

membership in the Florida Retirement System shall be governed by

733

the provisions of this part, and the employee's participation in

734

the State Community College System Optional Retirement Program or

735

the State University System Optional Retirement Program shall

736

terminate. The employee's enrollment in the Public Employee

737

Optional Retirement Program shall be effective the first day of

738

the month for which a full month's employer contribution is made

739

to the optional program.

740

     4.  For purposes of this paragraph, "state employer" means

741

any agency, board, branch, commission, community college,

742

department, institution, institution of higher education, or

743

water management district of the state, which participates in the

744

Florida Retirement System for the benefit of certain employees.

745

Reviser's note.--Amended to conform to the complete title of

746

the State Community College System Optional Retirement

747

Program as referenced in s. 1012.875.

748

     Section 23.  Subsection (5) of section 124.01, Florida

749

Statutes, is amended to read:

750

     124.01  Division of counties into districts; county

751

commissioners.--

752

     (5) This section shall not apply to Miami-Dade Dade County.

753

Reviser's note.--Amended to conform to the redesignation of

754

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

755

Dade County Code.

756

     Section 24.  Paragraph (b) of subsection (11) of section

757

125.901, Florida Statutes, is amended to read:

758

     125.901  Children's services; independent special district;

759

council; powers, duties, and functions.--

760

     (11)

761

     (b)  This subsection is subject to the Open Government

762

Sunset Review Act of 1995 in accordance with s. 119.15, and shall

763

stand repealed on October 2, 2009, unless reviewed and saved from

764

repeal through reenactment by the Legislature.

765

Reviser's note.--Amended to conform to the renaming of the

766

"Open Government Sunset Review Act of 1995" as the "Open

767

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

768

of Florida.

769

     Section 25.  Paragraph (b) of subsection (2) of section

770

159.804, Florida Statutes, is amended to read:

771

     159.804  Allocation of state volume limitation.--The

772

division shall annually determine the amount of private activity

773

bonds permitted to be issued in this state under the Code and

774

shall make such information available upon request to any person

775

or agency. The total amount of private activity bonds authorized

776

to be issued in this state pursuant to the Code shall be

777

initially allocated as follows on January 1 of each year:

778

     (2)

779

     (b)  The following regions are established for the purposes

780

of this allocation:

781

     1.  Region 1 consisting of Bay, Escambia, Holmes, Okaloosa,

782

Santa Rosa, Walton, and Washington Counties.

783

     2.  Region 2 consisting of Calhoun, Franklin, Gadsden, Gulf,

784

Jackson, Jefferson, Leon, Liberty, and Wakulla Counties.

785

     3.  Region 3 consisting of Alachua, Bradford, Columbia,

786

Dixie, Gilchrist, Hamilton, Lafayette, Madison, Suwannee, Taylor,

787

and Union Counties.

788

     4.  Region 4 consisting of Baker, Clay, Flagler, Nassau,

789

Putnam, and St. Johns Counties.

790

     5.  Region 5 consisting of Citrus, Hernando, Levy, Marion,

791

Pasco, and Sumter Counties.

792

     6.  Region 6 consisting of Lake, Osceola, and Seminole

793

Counties.

794

     7.  Region 7 consisting of DeSoto, Hardee, Highlands,

795

Manatee, Okeechobee, and Polk Counties.

796

     8.  Region 8 consisting of Charlotte, Collier, Glades,

797

Hendry, Lee, Monroe, and Sarasota Counties.

798

     9.  Region 9 consisting of Indian River, Martin, and St.

799

Lucie Counties.

800

     10.  Region 10 consisting of Broward County.

801

     11. Region 11 consisting of Miami-Dade Dade County.

802

     12.  Region 12 consisting of Duval County.

803

     13.  Region 13 consisting of Hillsborough County.

804

     14.  Region 14 consisting of Orange County.

805

     15.  Region 15 consisting of Palm Beach County.

806

     16.  Region 16 consisting of Pinellas County.

807

     17.  Region 17 consisting of Brevard and Volusia Counties.

808

Reviser's note.--Amended to conform to the redesignation of

809

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

810

Dade County Code.

811

     Section 26.  Paragraph (a) of subsection (2) and paragraph

812

(e) of subsection (3) of section 163.06, Florida Statutes, are

813

amended to read:

814

     163.06  Miami River Commission.--

815

     (2)  The Miami River Commission shall consist of:

816

     (a)  A policy committee comprised of the Governor, the chair

817

of the Miami-Dade County Dade delegation, the chair of the

818

governing board of the South Florida Water Management District,

819

the Miami-Dade County State Attorney, the Mayor of Miami, the

820

Mayor of Miami-Dade County, a commissioner of the City of Miami

821

Commission, a commissioner of the Miami-Dade County Commission,

822

the chair of the Miami River Marine Group, the chair of the

823

Marine Council, the Executive Director of the Downtown

824

Development Authority, and the chair of the Greater Miami Chamber

825

of Commerce; two neighborhood representatives, selected from the

826

Spring Garden Neighborhood Association, the Grove Park

827

Neighborhood Association, and the Miami River Neighborhood

828

Enhancement Corporation, one neighborhood representative to be

829

appointed by the city commission and one neighborhood

830

representative to be appointed by the county commission, each

831

selected from a list of three names submitted by each such

832

organization; one representative from an environmental or civic

833

association, appointed by the Governor; and three members-at-

834

large, who shall be persons who have a demonstrated history of

835

involvement on the Miami River through business, residence, or

836

volunteer activity, one appointed by the Governor, one appointed

837

by the city commission, and one appointed by the county

838

commission. All members shall be voting members. The committee

839

shall also include a member of the United States Congressional

840

delegation and the Captain of the Port of Miami as a

841

representative of the United States Coast Guard, as nonvoting, ex

842

officio members. The policy committee may meet monthly, but shall

843

meet at least quarterly.

844

     (3)  The policy committee shall have the following powers

845

and duties:

846

     (e)  Publicize a semiannual report describing

847

accomplishments of the commission and each member agency, as well

848

as the status of each pending task. The committee shall

849

distribute the report to the city and county commissions and

850

mayors, the Governor, chair of the Miami-Dade Dade County

851

delegation, stakeholders, and the local media.

852

Reviser's note.--Amended to conform to the redesignation of

853

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

854

Dade County Code.

855

     Section 27.  Paragraph (d) of subsection (3) of section

856

163.3182, Florida Statutes, is amended to read:

857

     163.3182  Transportation concurrency backlogs.--

858

     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG

859

AUTHORITY.--Each transportation concurrency backlog authority has

860

the powers necessary or convenient to carry out the purposes of

861

this section, including the following powers in addition to

862

others granted in this section:

863

     (d) To borrow money; to apply for and accept advances,

864

loans, grants, contributions, and any other forms of financial

865

assistance from the Federal Government or the state, county, or

866

any other public body or from any sources, public or private, for

867

the purposes of this part; to give such security as may be

868

required; to enter into and carry out contracts or agreements;

869

and to include in any contracts for financial assistance with the

870

Federal Government for or with respect to a transportation

871

concurrency backlog project and related activities such

872

conditions imposed pursuant to federal laws as the transportation

873

concurrency backlog authority considers reasonable and

874

appropriate and which are not inconsistent with the purposes of

875

this section.

876

Reviser's note.--Amended to confirm the insertion of the

877

word "to" by the editors.

878

     Section 28.  Paragraph (a) of subsection (6) of section

879

163.32465, Florida Statutes, is amended to read:

880

     163.32465  State review of local comprehensive plans in

881

urban areas.--

882

     (6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT

883

PROGRAM.--

884

     (a)  Any "affected person" as defined in s. 163.3184(1)(a)

885

may file a petition with the Division of Administrative Hearings

886

pursuant to ss. 120.569 and 120.57, with a copy served on the

887

affected local government, to request a formal hearing to

888

challenge whether the amendments are "in compliance" as defined

889

in s. 163.3184(1)(b). This petition must be filed with the

890

Division within 30 days after the local government adopts the

891

amendment. The state land planning agency may intervene in a

892

proceeding instituted by an affected person.

893

Reviser's note.--Amended to confirm the insertion of the

894

word "agency" by the editors.

895

     Section 29.  Section 163.430, Florida Statutes, is amended

896

to read:

897

     163.430  Powers supplemental to existing community

898

redevelopment powers.--The powers conferred upon counties or

899

municipalities by this part shall be supplemental to any

900

community redevelopment powers now being exercised by any county

901

or municipality in accordance with the provisions of any

902

population act, special act, or under the provisions of the home

903

rule charter for Miami-Dade Dade County, or under the provision

904

of the charter of the consolidated City of Jacksonville.

905

Reviser's note.--Amended to conform to the redesignation of

906

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

907

Dade County Code.

908

     Section 30.  Subsection (1) and paragraph (a) of subsection

909

(2) of section 166.271, Florida Statutes, are amended to read:

910

     166.271  Surcharge on municipal facility parking fees.--

911

     (1)  The governing authority of any municipality with a

912

resident population of 200,000 or more, more than 20 percent of

913

the real property of which is exempt from ad valorem taxes, and

914

which is located in a county with a population of more than

915

500,000 may impose and collect, subject to referendum approval by

916

voters in the municipality, a discretionary per vehicle surcharge

917

of up to 15 percent of the amount charged for the sale, lease, or

918

rental of space at parking facilities within the municipality

919

which are open for use to the general public and which are not

920

airports, seaports, county administration buildings, or other

921

projects as defined under ss. 125.011 and 125.015, provided that

922

this surcharge shall not take effect while any surcharge imposed

923

pursuant to former s. 218.503(6)(a), is in effect.

924

     (2)  A municipal governing authority that imposes the

925

surcharge authorized by this subsection may use the proceeds of

926

such surcharge for the following purposes only:

927

     (a)  No less than 60 percent and no more than 80 percent of

928

surcharge proceeds shall be used to reduce the municipality's ad

929

valorem tax millage or to reduce or eliminate non-ad valorem

930

assessments, unless the municipality has previously used the

931

proceeds from the surcharge levied under former s. 218.503(6)(b)

932

to reduce the municipality's ad valorem tax millage or to reduce

933

non-ad valorem assessments.

934

Reviser's note.--Amended to conform to the repeal of s.

935

218.503(6) by s. 6, ch. 2007-6, Laws of Florida.

936

     Section 31.  Section 171.071, Florida Statutes, is amended

937

to read:

938

     171.071 Effect in Miami-Dade Dade County.--Municipalities

939

within the boundaries of Miami-Dade Dade County shall adopt

940

annexation or contraction ordinances pursuant to methods

941

established by the home rule charter established pursuant to s.

942

6(e), Art. VIII of the State Constitution.

943

Reviser's note.--Amended to conform to the redesignation of

944

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

945

Dade County Code.

946

     Section 32.  Subsection (2) of section 171.205, Florida

947

Statutes, is amended to read:

948

     171.205  Consent requirements for annexation of land under

949

this part.--Notwithstanding part I, an interlocal service

950

boundary agreement may provide a process for annexation

951

consistent with this section or with part I.

952

     (2)  If the area to be annexed includes a privately owned

953

solid waste disposal facility as defined in s. 403.703(33)

954

403.703(11) which receives municipal solid waste collected within

955

the jurisdiction of multiple local governments, the annexing

956

municipality must set forth in its plan the effects that the

957

annexation of the solid waste disposal facility will have on the

958

other local governments. The plan must also indicate that the

959

owner of the affected solid waste disposal facility has been

960

contacted in writing concerning the annexation, that an agreement

961

between the annexing municipality and the solid waste disposal

962

facility to govern the operations of the solid waste disposal

963

facility if the annexation occurs has been approved, and that the

964

owner of the solid waste disposal facility does not object to the

965

proposed annexation.

966

Reviser's note.--Amended to conform to the redesignation of

967

s. 403.703(11) as s. 403.703(33) by s. 6, ch. 2007-184, Laws

968

of Florida.

969

     Section 33.  Paragraph (e) of subsection (2) of section

970

190.005, Florida Statutes, is amended to read:

971

     190.005  Establishment of district.--

972

     (2)  The exclusive and uniform method for the establishment

973

of a community development district of less than 1,000 acres in

974

size shall be pursuant to an ordinance adopted by the county

975

commission of the county having jurisdiction over the majority of

976

land in the area in which the district is to be located granting

977

a petition for the establishment of a community development

978

district as follows:

979

     (e)  If all of the land in the area for the proposed

980

district is within the territorial jurisdiction of a municipal

981

corporation, then the petition requesting establishment of a

982

community development district under this act shall be filed by

983

the petitioner with that particular municipal corporation. In

984

such event, the duties of the county, hereinabove described, in

985

action upon the petition shall be the duties of the municipal

986

corporation. If any of the land area of a proposed district is

987

within the land area of a municipality, the county commission may

988

not create the district without municipal approval. If all of the

989

land in the area for the proposed district, even if less than

990

1,000 acres, is within the territorial jurisdiction of two or

991

more municipalities, the petition shall be filed with the Florida

992

Land and Water Adjudicatory Commission and proceed in accordance

993

with subsection (1).

994

Reviser's note.--Amended to confirm the insertion of the

995

word "than" by the editors.

996

     Section 34.  Paragraph (c) of subsection (2) of section

997

192.0105, Florida Statutes, is amended to read:

998

     192.0105  Taxpayer rights.--There is created a Florida

999

Taxpayer's Bill of Rights for property taxes and assessments to

1000

guarantee that the rights, privacy, and property of the taxpayers

1001

of this state are adequately safeguarded and protected during tax

1002

levy, assessment, collection, and enforcement processes

1003

administered under the revenue laws of this state. The Taxpayer's

1004

Bill of Rights compiles, in one document, brief but comprehensive

1005

statements that summarize the rights and obligations of the

1006

property appraisers, tax collectors, clerks of the court, local

1007

governing boards, the Department of Revenue, and taxpayers.

1008

Additional rights afforded to payors of taxes and assessments

1009

imposed under the revenue laws of this state are provided in s.

1010

213.015. The rights afforded taxpayers to assure that their

1011

privacy and property are safeguarded and protected during tax

1012

levy, assessment, and collection are available only insofar as

1013

they are implemented in other parts of the Florida Statutes or

1014

rules of the Department of Revenue. The rights so guaranteed to

1015

state taxpayers in the Florida Statutes and the departmental

1016

rules include:

1017

     (2)  THE RIGHT TO DUE PROCESS.--

1018

     (c)  The right to file a petition for exemption or

1019

agricultural classification with the value adjustment board when

1020

an application deadline is missed, upon demonstration of

1021

particular extenuating circumstances for filing late (see ss.

1022

193.461(3)(a) and 196.011(1), (7), (8), and (9)(d) 196.011(1),

1023

(7),(8), and (9)(c)).

1024

Reviser's note.--Amended to confirm the substitution by the

1025

editors of a reference to conform to the redesignation of s.

1026

196.011(9)(c) as s. 196.011(9)(d) by s. 2, ch. 2007-36, Laws

1027

of Florida.

1028

     Section 35.  Subsection (4) of section 198.13, Florida

1029

Statutes, is amended to read:

1030

     198.13  Tax return to be made in certain cases; certificate

1031

of nonliability.--

1032

     (4)  Notwithstanding any other provisions of this section

1033

and applicable to the estate of a decedent who dies after

1034

December 31, 2004, if, upon the death of the decedent, a state

1035

death tax credit or a generation-skipping transfer credit is not

1036

allowable pursuant to the Internal Revenue Code of 1986, as

1037

amended:

1038

     (a)  The personal representative of the estate is not

1039

required to file a return under subsection (1) in connection with

1040

the estate.

1041

     (b)  The person who would otherwise be required to file a

1042

return reporting a generation-skipping transfer under subsection

1043

(3) is not required to file such a return in connection with the

1044

estate.

1045

1046

The provisions of this subsection do not apply to estates of

1047

decedents descendants dying after December 31, 2010.

1048

Reviser's note.--Amended to correct terminology and conform

1049

to context.

1050

     Section 36.  Paragraphs (l) and (m) of subsection (8) of

1051

section 200.001, Florida Statutes, are amended to read:

1052

     200.001  Millages; definitions and general provisions.--

1053

     (8)

1054

     (l)  "Maximum total county ad valorem taxes levied" means

1055

the total taxes levied by a county, municipal service taxing

1056

units of that county, and special districts dependent to that

1057

county at their individual maximum millages, calculated pursuant

1058

to s. 200.065(5)(a) for fiscal years 2009-2010 and thereafter

1059

and, pursuant to s. 200.185 for fiscal years 2007-2008 and 2008-

1060

2009, and pursuant to s. 200.186 for fiscal year 2008-2009 if SJR

1061

4B or HJR 3B is approved by a vote of the electors.

1062

     (m)  "Maximum total municipal ad valorem taxes levied" means

1063

the total taxes levied by a municipality and special districts

1064

dependent to that municipality at their individual maximum

1065

millages, calculated pursuant to s. 200.065(5)(b) for fiscal

1066

years 2009-2010 and thereafter and, by s. 200.185 for fiscal

1067

years 2007-2008 and 2008-2009, and pursuant to s. 200.186 for

1068

fiscal year 2008-2009 if SJR 4B or HJR 3B is approved by a vote

1069

of the electors.

1070

Reviser's note.--Amended to conform to the fact that Senate

1071

Joint Resolution 4B, Special Session B, 2007, did not appear

1072

on the ballot for consideration by the electorate due to

1073

legal action concerning the ballot language for the proposed

1074

amendment. The House companion, House Joint Resolution 3B,

1075

did not pass.

1076

     Section 37.  Subsection (3) of section 202.20, Florida

1077

Statutes, is amended to read:

1078

     202.20  Local communications services tax conversion

1079

rates.--

1080

     (3)  For any county or school board that levies a

1081

discretionary surtax under s. 212.055, the rate of such tax on

1082

communications services as authorized by s. 202.19(5) shall be as

1083

follows:

1084

County.5% Discretionary surtax conversion rates1% Discretionary surtax conversion rates1.5% Discretionary surtax conversion rates

1085

Alachua0.3%0.6%0.8%

1086

Baker0.3%0.5%0.8%

1087

Bay0.3%0.5%0.8%

1088

Bradford0.3%0.6%0.8%

1089

Brevard0.3%0.6%0.9%

1090

Broward0.3%0.5%0.8%

1091

Calhoun0.3%0.5%0.8%

1092

Charlotte0.3%0.6%0.9%

1093

Citrus0.3%0.6%0.9%

1094

Clay0.3%0.6%0.8%

1095

Collier0.4%0.7%1.0%

1096

Columbia0.3%0.6%0.9%

1097

Dade0.3%0.5%0.8%

1098

Desoto0.3%0.6%0.8%

1099

Dixie0.3%0.5%0.8%

1100

Duval0.3%0.6%0.8%

1101

Escambia0.3%0.6%0.9%

1102

Flagler0.4%0.7%1.0%

1103

Franklin0.3%0.6%0.9%

1104

Gadsden0.3%0.5%0.8%

1105

Gilchrist0.3%0.5%0.7%

1106

Glades0.3%0.6%0.8%

1107

Gulf0.3%0.5%0.8%

1108

Hamilton0.3%0.6%0.8%

1109

Hardee0.3%0.5%0.8%

1110

Hendry0.3%0.6%0.9%

1111

Hernando0.3%0.6%0.9%

1112

Highlands0.3%0.6%0.9%

1113

Hillsborough0.3%0.6%0.8%

1114

Holmes0.3%0.6%0.8%

1115

Indian River0.3%0.6%0.9%

1116

Jackson0.3%0.5%0.7%

1117

Jefferson0.3%0.5%0.8%

1118

Lafayette0.3%0.5%0.7%

1119

Lake0.3%0.6%0.9%

1120

Lee0.3%0.6%0.9%

1121

Leon0.3%0.6%0.8%

1122

Levy0.3%0.5%0.8%

1123

Liberty0.3%0.6%0.8%

1124

Madison0.3%0.5%0.8%

1125

Manatee0.3%0.6%0.8%

1126

Marion0.3%0.5%0.8%

1127

Martin0.3%0.6%0.8%

1128

Miami-Dade0.3%0.5%0.8%

1129

Monroe0.3%0.6%0.9%

1130

Nassau0.3%0.6%0.8%

1131

Okaloosa0.3%0.6%0.8%

1132

Okeechobee0.3%0.6%0.9%

1133

Orange0.3%0.5%0.8%

1134

Osceola0.3%0.5%0.8%

1135

Palm Beach0.3%0.6%0.8%

1136

Pasco0.3%0.6%0.9%

1137

Pinellas0.3%0.6%0.9%

1138

Polk0.3%0.6%0.8%

1139

Putnam0.3%0.6%0.8%

1140

St. Johns0.3%0.6%0.8%

1141

St. Lucie0.3%0.6%0.8%

1142

Santa Rosa0.3%0.6%0.9%

1143

Sarasota0.3%0.6%0.9%

1144

Seminole0.3%0.6%0.8%

1145

Sumter0.3%0.5%0.8%

1146

Suwannee0.3%0.6%0.8%

1147

Taylor0.3%0.6%0.9%

1148

Union0.3%0.5%0.8%

1149

Volusia0.3%0.6%0.8%

1150

Wakulla0.3%0.6%0.9%

1151

Walton0.3%0.6%0.9%

1152

Washington0.3%0.5%0.8%

1153

1154

The discretionary surtax conversion rate with respect to

1155

communications services reflected on bills dated on or after

1156

October 1, 2001, shall take effect without any further action by

1157

a county or school board that has levied a surtax on or before

1158

October 1, 2001. For a county or school board that levies a

1159

surtax subsequent to October 1, 2001, the discretionary surtax

1160

conversion rate with respect to communications services shall

1161

take effect upon the effective date of the surtax as provided in

1162

s. 212.054. The discretionary sales surtax rate on communications

1163

services for a county or school board levying a combined rate

1164

which is not listed in the table provided by this subsection

1165

shall be calculated by averaging or adding the appropriate rates

1166

from the table and rounding up to the nearest tenth of a percent.

1167

Reviser's note.--Amended to conform to the redesignation of

1168

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

1169

Dade County Code.

1170

     Section 38.  Paragraph (ccc) of subsection (7) of section

1171

212.08, Florida Statutes, is amended to read:

1172

     212.08  Sales, rental, use, consumption, distribution, and

1173

storage tax; specified exemptions.--The sale at retail, the

1174

rental, the use, the consumption, the distribution, and the

1175

storage to be used or consumed in this state of the following are

1176

hereby specifically exempt from the tax imposed by this chapter.

1177

     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any

1178

entity by this chapter do not inure to any transaction that is

1179

otherwise taxable under this chapter when payment is made by a

1180

representative or employee of the entity by any means, including,

1181

but not limited to, cash, check, or credit card, even when that

1182

representative or employee is subsequently reimbursed by the

1183

entity. In addition, exemptions provided to any entity by this

1184

subsection do not inure to any transaction that is otherwise

1185

taxable under this chapter unless the entity has obtained a sales

1186

tax exemption certificate from the department or the entity

1187

obtains or provides other documentation as required by the

1188

department. Eligible purchases or leases made with such a

1189

certificate must be in strict compliance with this subsection and

1190

departmental rules, and any person who makes an exempt purchase

1191

with a certificate that is not in strict compliance with this

1192

subsection and the rules is liable for and shall pay the tax. The

1193

department may adopt rules to administer this subsection.

1194

     (ccc)  Equipment, machinery, and other materials for

1195

renewable energy technologies.--

1196

     1.  As used in this paragraph, the term:

1197

     a.  "Biodiesel" means the mono-alkyl esters of long-chain

1198

fatty acids derived from plant or animal matter for use as a

1199

source of energy and meeting the specifications for biodiesel and

1200

biodiesel blends with petroleum products as adopted by the

1201

Department of Agriculture and Consumer Services. Biodiesel may

1202

refer to biodiesel blends designated BXX, where XX represents the

1203

volume percentage of biodiesel fuel in the blend.

1204

     b.  "Ethanol" means nominally anhydrous denatured alcohol

1205

produced by the fermentation of plant sugars meeting the

1206

specifications for fuel ethanol and fuel ethanol blends with

1207

petroleum products as adopted by the Department of Agriculture

1208

and Consumer Services. Ethanol may refer to fuel ethanol blends

1209

designated EXX, where XX represents the volume percentage of fuel

1210

ethanol in the blend.

1211

     c.  "Hydrogen fuel cells" means equipment using hydrogen or

1212

a hydrogen-rich fuel in an electrochemical process to generate

1213

energy, electricity, or the transfer of heat.

1214

     2.  The sale or use of the following in the state is exempt

1215

from the tax imposed by this chapter:

1216

     a.  Hydrogen-powered vehicles, materials incorporated into

1217

hydrogen-powered vehicles, and hydrogen-fueling stations, up to a

1218

limit of $2 million in tax each state fiscal year for all

1219

taxpayers.

1220

     b.  Commercial stationary hydrogen fuel cells, up to a limit

1221

of $1 million in tax each state fiscal year for all taxpayers.

1222

     c.  Materials used in the distribution of biodiesel (B10-

1223

B100) and ethanol (E10-E100), including fueling infrastructure,

1224

transportation, and storage, up to a limit of $1 million in tax

1225

each state fiscal year for all taxpayers. Gasoline fueling

1226

station pump retrofits for ethanol (E10-E100) distribution

1227

qualify for the exemption provided in this sub-subparagraph.

1228

     3.  The Department of Environmental Protection shall provide

1229

to the department a list of items eligible for the exemption

1230

provided in this paragraph.

1231

     4.a.  The exemption provided in this paragraph shall be

1232

available to a purchaser only through a refund of previously paid

1233

taxes.

1234

     b.  To be eligible to receive the exemption provided in this

1235

paragraph, a purchaser shall file an application with the

1236

Department of Environmental Protection. The application shall be

1237

developed by the Department of Environmental Protection, in

1238

consultation with the department, and shall require:

1239

     (I)  The name and address of the person claiming the refund.

1240

     (II)  A specific description of the purchase for which a

1241

refund is sought, including, when applicable, a serial number or

1242

other permanent identification number.

1243

     (III)  The sales invoice or other proof of purchase showing

1244

the amount of sales tax paid, the date of purchase, and the name

1245

and address of the sales tax dealer from whom the property was

1246

purchased.

1247

     (IV)  A sworn statement that the information provided is

1248

accurate and that the requirements of this paragraph have been

1249

met.

1250

     c.  Within 30 days after receipt of an application, the

1251

Department of Environmental Protection shall review the

1252

application and shall notify the applicant of any deficiencies.

1253

Upon receipt of a completed application, the Department of

1254

Environmental Protection shall evaluate the application for

1255

exemption and issue a written certification that the applicant is

1256

eligible for a refund or issue a written denial of such

1257

certification within 60 days after receipt of the application.

1258

The Department of Environmental Protection shall provide the

1259

department with a copy of each certification issued upon approval

1260

of an application.

1261

     d.  Each certified applicant shall be responsible for

1262

forwarding a certified copy of the application and copies of all

1263

required documentation to the department within 6 months after

1264

certification by the Department of Environmental Protection.

1265

     e. The provisions of former s. 212.095 do not apply to any

1266

refund application made pursuant to this paragraph. A refund

1267

approved pursuant to this paragraph shall be made within 30 days

1268

after formal approval by the department.

1269

     f.  The department may adopt all rules pursuant to ss.

1270

120.536(1) and 120.54 to administer this paragraph, including

1271

rules establishing forms and procedures for claiming this

1272

exemption.

1273

     g.  The Department of Environmental Protection shall be

1274

responsible for ensuring that the total amounts of the exemptions

1275

authorized do not exceed the limits as specified in subparagraph

1276

2.

1277

     5.  The Department of Environmental Protection shall

1278

determine and publish on a regular basis the amount of sales tax

1279

funds remaining in each fiscal year.

1280

     6.  This paragraph expires July 1, 2010.

1281

Reviser's note.--Amended to conform to the repeal of s.

1282

212.095 by s. 24, ch. 2007-106, Laws of Florida.

1283

     Section 39.  Paragraphs (c) and (e) of subsection (17) of

1284

section 215.555, Florida Statutes, are amended to read:

1285

     215.555  Florida Hurricane Catastrophe Fund.--

1286

     (17)  TEMPORARY INCREASE IN COVERAGE LIMIT OPTIONS.--

1287

     (c)  Optional coverage.--For the contract year commencing

1288

June 1, 2007, and ending May 31, 2008, the contract year

1289

commencing commending June 1, 2008, and ending May 31, 2009, and

1290

the contract year commencing June 1, 2009, and ending May 31,

1291

2010, the board shall offer, for each of such years, the optional

1292

coverage as provided in this subsection.

1293

     (e)  TICL options addendum.--

1294

     1.  The TICL options addendum shall provide for

1295

reimbursement of TICL insurers for covered events occurring

1296

between June 1, 2007, and May 31, 2008, and between June 1, 2008,

1297

and May 31, 2009, or between June 1, 2009, and May 31, 2010, in

1298

exchange for the TICL reimbursement premium paid into the fund

1299

under paragraph (f) paragraph (e). Any insurer writing covered

1300

policies has the option of selecting an increased limit of

1301

coverage under the TICL options addendum and shall select such

1302

coverage at the time that it executes the FHCF reimbursement

1303

contract.

1304

     2.  The TICL addendum shall contain a promise by the board

1305

to reimburse the TICL insurer for 45 percent, 75 percent, or 90

1306

percent of its losses from each covered event in excess of the

1307

insurer's retention, plus 5 percent of the reimbursed losses to

1308

cover loss adjustment expenses. The percentage shall be the same

1309

as the coverage level selected by the insurer under paragraph

1310

(4)(b).

1311

     3.  The TICL addendum shall provide that reimbursement

1312

amounts shall not be reduced by reinsurance paid or payable to

1313

the insurer from other sources.

1314

     4.  The priorities, schedule, and method of reimbursements

1315

under the TICL addendum shall be the same as provided under

1316

subsection (4).

1317

Reviser's note.--Paragraph (17)(c) is amended to confirm the

1318

editorial substitution of the word "commencing" for the word

1319

"commending" to conform to context. Paragraph (17)(c) is

1320

also amended to confirm the editorial insertion of the word

1321

"and" preceding the word "the" to improve clarity and

1322

facilitate correct interpretation. Paragraph (17)(e) is

1323

amended to confirm the editorial insertion of the word "and"

1324

preceding the word "May" to improve clarity and facilitate

1325

correct interpretation. Paragraph (17)(e) is also amended to

1326

confirm the editorial substitution of a reference to

1327

paragraph (f) for a reference to paragraph (e); paragraph

1328

(17)(f) provides for reimbursement premiums to be paid into

1329

the fund.

1330

     Section 40.  Subsection (8) of section 215.5586, Florida

1331

Statutes, is amended to read:

1332

     215.5586  My Safe Florida Home Program.--There is

1333

established within the Department of Financial Services the My

1334

Safe Florida Home Program. The department shall provide fiscal

1335

accountability, contract management, and strategic leadership for

1336

the program, consistent with this section. This section does not

1337

create an entitlement for property owners or obligate the state

1338

in any way to fund the inspection or retrofitting of residential

1339

property in this state. Implementation of this program is subject

1340

to annual legislative appropriations. It is the intent of the

1341

Legislature that the My Safe Florida Home Program provide

1342

inspections for at least 400,000 site-built, single-family,

1343

residential properties and provide grants to at least 35,000

1344

applicants before June 30, 2009. The program shall develop and

1345

implement a comprehensive and coordinated approach for hurricane

1346

damage mitigation that shall include the following:

1347

     (8)  NO-INTEREST LOANS.--The department may develop a no-

1348

interest loan program by December 31, 2007, to encourage the

1349

private sector to provide loans to owners of site-built, single-

1350

family, residential property to pay for mitigation measures

1351

listed in subsection (2). A loan eligible for interest payments

1352

pursuant to this subsection may be for a term of up to 3 years

1353

and cover up to $5,000 in mitigation measures. The department

1354

shall pay the creditor the market rate of interest using funds

1355

appropriated for the My Safe Florida Home Program. In no case

1356

shall the department pay more than the interest rate set by s.

1357

687.03. To be eligible for a loan, a loan applicant must first

1358

obtain a home inspection and report that specifies what

1359

improvements are needed to reduce the property's vulnerability to

1360

windstorm damage pursuant to this section and meet loan

1361

underwriting requirements set by the lender. The department may

1362

set aside up to $10 million from funds appropriated for the My

1363

Safe Florida Home Program to implement this subsection. The

1364

department shall adopt rules pursuant to ss. 120.536(1) 120.36(1)

1365

and 120.54 to implement this subsection which may include

1366

eligibility criteria.

1367

Reviser's note.--Amended to confirm the editorial

1368

substitution of a reference to s. 120.536(1) for a reference

1369

to s. 120.36(1) to correct an apparent error. Section 120.36

1370

does not exist; s. 120.536(1) provides for an agency's

1371

rulemaking authority to adopt rules.

1372

     Section 41.  Paragraph (a) of subsection (2) and subsection

1373

(7) of section 215.559, Florida Statutes, are reenacted to read:

1374

     215.559  Hurricane Loss Mitigation Program.--

1375

     (2)(a)  Seven million dollars in funds provided in

1376

subsection (1) shall be used for programs to improve the wind

1377

resistance of residences and mobile homes, including loans,

1378

subsidies, grants, demonstration projects, and direct assistance;

1379

educating persons concerning the Florida Building Code

1380

cooperative programs with local governments and the Federal

1381

Government; and other efforts to prevent or reduce losses or

1382

reduce the cost of rebuilding after a disaster.

1383

     (7)  On January 1st of each year, the Department of

1384

Community Affairs shall provide a full report and accounting of

1385

activities under this section and an evaluation of such

1386

activities to the Speaker of the House of Representatives, the

1387

President of the Senate, and the Majority and Minority Leaders of

1388

the House of Representatives and the Senate. Upon completion of

1389

the report, the Department of Community Affairs shall deliver the

1390

report to the Office of Insurance Regulation. The Office of

1391

Insurance Regulation shall review the report and shall make such

1392

recommendations available to the insurance industry as the Office

1393

of Insurance Regulation deems appropriate. These recommendations

1394

may be used by insurers for potential discounts or rebates

1395

pursuant to s. 627.0629. The Office of Insurance Regulation shall

1396

make the recommendations within 1 year after receiving the

1397

report.

1398

Reviser's note.--Paragraph (2)(a) and subsection (7) are

1399

reenacted to conform to the validity of the amendments to

1400

those provisions by s. 1, ch. 2005-147, Laws of Florida. The

1401

Governor vetoed the specific appropriation in s. 1, ch.

1402

2005-147, Laws of Florida. The Governor's veto message

1403

states that he is withholding "approval of section 1," but

1404

the message goes on to set out the vetoed language, which is

1405

only the amendment to subsection (5).

1406

     Section 42.  Paragraph (a) of subsection (16) and paragraph

1407

(a) of subsection (17) of section 218.415, Florida Statutes, are

1408

amended to read:

1409

     218.415  Local government investment policies.--Investment

1410

activity by a unit of local government must be consistent with a

1411

written investment plan adopted by the governing body, or in the

1412

absence of the existence of a governing body, the respective

1413

principal officer of the unit of local government and maintained

1414

by the unit of local government or, in the alternative, such

1415

activity must be conducted in accordance with subsection (17).

1416

Any such unit of local government shall have an investment policy

1417

for any public funds in excess of the amounts needed to meet

1418

current expenses as provided in subsections (1)-(16), or shall

1419

meet the alternative investment guidelines contained in

1420

subsection (17). Such policies shall be structured to place the

1421

highest priority on the safety of principal and liquidity of

1422

funds. The optimization of investment returns shall be secondary

1423

to the requirements for safety and liquidity. Each unit of local

1424

government shall adopt policies that are commensurate with the

1425

nature and size of the public funds within its custody.

1426

     (16)  AUTHORIZED INVESTMENTS; WRITTEN INVESTMENT

1427

POLICIES.--Those units of local government electing to adopt a

1428

written investment policy as provided in subsections (1)-(15) may

1429

by resolution invest and reinvest any surplus public funds in

1430

their control or possession in:

1431

     (a)  The Local Government Surplus Funds Trust Fund or any

1432

intergovernmental investment pool authorized pursuant to the

1433

Florida Interlocal Cooperation Act of 1969, as provided in s.

1434

163.01.

1435

     (17)  AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT

1436

POLICY.--Those units of local government electing not to adopt a

1437

written investment policy in accordance with investment policies

1438

developed as provided in subsections (1)-(15) may invest or

1439

reinvest any surplus public funds in their control or possession

1440

in:

1441

     (a)  The Local Government Surplus Funds Trust Fund, or any

1442

intergovernmental investment pool authorized pursuant to the

1443

Florida Interlocal Cooperation Act of 1969, as provided in s.

1444

163.01.

1445

1446

The securities listed in paragraphs (c) and (d) shall be invested

1447

to provide sufficient liquidity to pay obligations as they come

1448

due.

1449

Reviser's note.--Amended to conform to the name of the

1450

Florida Interlocal Cooperation Act of 1969 as referenced in

1451

s. 163.01.

1452

     Section 43.  Subsection (4) of section 222.25, Florida

1453

Statutes, is amended to read:

1454

     222.25  Other individual property of natural persons exempt

1455

from legal process.--The following property is exempt from

1456

attachment, garnishment, or other legal process:

1457

     (4)  A debtor's interest in personal property, not to exceed

1458

$4,000, if the debtor does not claim or receive the benefits of a

1459

homestead exemption under s. 4, Art. X of the State Florida

1460

Constitution. This exemption does not apply to a debt owed for

1461

child support or spousal support.

1462

Reviser's note.--Amended to confirm the editorial

1463

substitution of the word "State" for the word "Florida" for

1464

contextual consistency.

1465

     Section 44.  Section 250.83, Florida Statutes, is amended to

1466

read:

1467

     250.83  Construction of part.--In the event that any other

1468

provision of law conflicts with SCRA SSCRA, USERRA, or the

1469

provisions of this chapter, the provisions of SCRA SSCRA, USERRA,

1470

or the provisions of this chapter, whichever is applicable, shall

1471

control. Nothing in this part shall construe rights or

1472

responsibilities not provided under the SCRA SSCRA, USERRA, or

1473

this chapter.

1474

Reviser's note.--Amended to conform to the redesignation of

1475

the federal act in Title 50 United States Code.

1476

     Section 45.  Subsections (3) and (4) of section 253.033,

1477

Florida Statutes, are amended to read:

1478

     253.033  Inter-American Center property; transfer to board;

1479

continued use for government purposes.--

1480

     (3)(a)  Except as provided in this subsection, in no event

1481

shall any of the lands known as "the Graves tract," including,

1482

without limitation, the land previously transferred to the City

1483

of Miami and Miami-Dade Dade County by the Inter-American Center

1484

Authority and the lands transferred pursuant to this act, be used

1485

for other than public purposes. However, the portion of "the

1486

Graves tract" owned by the City of North Miami on the effective

1487

date of this act or subsequently acquired by the city shall not

1488

be subject to such public purpose use restriction and may be used

1489

for any purpose in accordance with local building and zoning

1490

regulations.

1491

     (b)1.  Notwithstanding any provision of paragraph (a) or any

1492

other law to the contrary, the Board of Trustees of the Internal

1493

Improvement Trust Fund shall convey and transfer to the City of

1494

North Miami as soon as feasible that portion of "the Graves

1495

tract" described in this paragraph as set forth with

1496

particularity in s. 1, chapter 85-201, Laws of Florida, along

1497

with that certain additional portion of "the Graves tract"

1498

described as follows: Commencing at the center of Section 21,

1499

Township 52S., Range 42E., Miami-Dade Dade County, Florida, run

1500

South 87°-38'-50" West, 180.0 feet to the point of beginning of a

1501

parcel of land described as follows: run South 87°-38'-50" West

1502

804.17 feet to the east right-of-way line of State Road #5,

1503

thence run South 15°-20'-05" West for a distance of 206.85 feet,

1504

thence run North 87°-45'-31" East for a distance of 751.20 feet,

1505

thence run North 27°-50'-00" East for a distance of 229.47 feet

1506

to the point of beginning, such parcel containing 3.89 acres more

1507

or less, except for that certain portion thereof which the

1508

Department of Transportation has reserved for right-of-way for

1509

transportation facilities.

1510

     2. Upon the recordation in the Official Records of Miami-

1511

Dade Dade County, Florida, by the Department of Transportation of

1512

a right-of-way map for State Road #5, which reserves a portion of

1513

the lands described in subparagraph 1., which said portion

1514

reserved is within, but smaller than, the portion reserved from

1515

the conveyance required by subparagraph 1. as accomplished by

1516

instrument recorded in page 30 of Official Record Book 14405 of

1517

the Official Records of Miami-Dade Dade County, Florida, as Deed

1518

No. 28289, pursuant to chapter 89-246, Laws of Florida, the Board

1519

of Trustees of the Internal Improvement Trust Fund shall convey

1520

and transfer to the City of North Miami as soon as feasible that

1521

additional portion of "the Graves tract" which consists of:

1522

Parcel No. 1, 'Interama Tract' Right-of-Way Reservation for State

1523

Road #5, together with Parcel No. 2, 'Interama Tract' Right-of-

1524

Way Reservation for State Road #5 as described in that certain

1525

instrument of conveyance referred to in this subparagraph as Deed

1526

No. 28289, less and except that certain portion of said Parcels

1527

No. 1 and No. 2 which is, after the effective date of this act,

1528

reserved for right-of-way for transportation facilities in a

1529

right-of-way map or like instrument hereafter filed and recorded

1530

by the Department of Transportation in the official records, so

1531

that the City of North Miami obtains title to those additional

1532

lands which are not necessary to be reserved for right-of-way for

1533

transportation facilities.

1534

     3.  The City of North Miami shall not be required to pay any

1535

monetary consideration for the conveyances of land specified in

1536

this paragraph, since these conveyances are in mitigation of the

1537

loss sustained by the city upon dissolution of the Inter-American

1538

Center Authority pursuant to s. 1 of chapter 75-131, Laws of

1539

Florida.

1540

     (4)  The Board of Trustees of the Internal Improvement Trust

1541

Fund may lease to Miami-Dade Dade County approximately 300 acres

1542

of land, and approximately 90 acres of abutting lagoon and

1543

waterways, designated as the Primary Development Area, and may

1544

also transfer to Miami-Dade Dade County all or any part of the

1545

plans, drawings, maps, etc., of the Inter-American Center

1546

Authority existing at the date of transfer, provided Miami-Dade

1547

Dade County:

1548

     (a)  Assumes responsibilities of the following agreements:

1549

     1.  That certain agreement entered into on June 12, 1972,

1550

between the City of Miami and Inter-American Center Authority

1551

whereby the authority agreed to repurchase, with revenues derived

1552

from the net operating revenue of the project developed on the

1553

leased lands after expenses and debt service requirements, the

1554

approximately 93 acres of lands previously deeded to the City of

1555

Miami as security for repayment of the $8,500,000 owed by the

1556

authority to the City of Miami. Title to the land repurchased

1557

pursuant to the provisions of this subsection shall be conveyed

1558

to the State of Florida.

1559

     2.  Those certain rights granted to the City of North Miami

1560

pursuant to the provisions of former s. 554.29(1)(a) and former

1561

s. 554.30 obligating the authority to issue a revenue bond to the

1562

City of North Miami, containing provisions to be determined by

1563

Miami-Dade Dade County, to be repaid from all ad valorem taxes,

1564

occupational license fees, franchise taxes, utility taxes, and

1565

cigarette taxes which would have accrued to the authority or the

1566

City of North Miami by nature of property owned by the authority

1567

having been in the City of North Miami and from the excess

1568

revenue after operating expenses, development cost and debt

1569

service requirements, of the project developed on the leased

1570

lands.

1571

     (b)  Develops a plan for the use of the land that meets the

1572

approval of the Board of Trustees of the Internal Improvement

1573

Trust Fund or that meets the following purposes heretofore

1574

authorized:

1575

     1.  To provide a permanent international center which will

1576

serve as a meeting ground for the governments and industries of

1577

the Western Hemisphere and of other areas of the world.

1578

     2.  To facilitate broad and continuous exchanges of ideas,

1579

persons, and products through cultural, educational, and other

1580

exchanges.

1581

     3.  By appropriate means, to promote mutual understanding

1582

between the peoples of the Western Hemisphere and to strengthen

1583

the ties which unite the United States with other nations of the

1584

free world.

1585

1586

Any property leased under this subsection shall not be leased for

1587

less than fair market value.

1588

Reviser's note.--Amended to conform to the redesignation of

1589

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

1590

Dade County Code.

1591

     Section 46.  Paragraph (g) of subsection (6) of section

1592

253.034, Florida Statutes, is amended to read:

1593

     253.034  State-owned lands; uses.--

1594

     (6)  The Board of Trustees of the Internal Improvement Trust

1595

Fund shall determine which lands, the title to which is vested in

1596

the board, may be surplused. For conservation lands, the board

1597

shall make a determination that the lands are no longer needed

1598

for conservation purposes and may dispose of them by an

1599

affirmative vote of at least three members. In the case of a land

1600

exchange involving the disposition of conservation lands, the

1601

board must determine by an affirmative vote of at least three

1602

members that the exchange will result in a net positive

1603

conservation benefit. For all other lands, the board shall make a

1604

determination that the lands are no longer needed and may dispose

1605

of them by an affirmative vote of at least three members.

1606

     (g)  The sale price of lands determined to be surplus

1607

pursuant to this subsection shall be determined by the division

1608

and shall take into consideration an appraisal of the property,

1609

or, when the estimated value of the land is less than $100,000, a

1610

comparable sales analysis or a broker's opinion of value, and the

1611

price paid by the state to originally acquire the lands.

1612

     1.a.  A written valuation of land determined to be surplus

1613

pursuant to this subsection, and related documents used to form

1614

the valuation or which pertain to the valuation, are confidential

1615

and exempt from s. 119.07(1) and s. 24(a), Art. I of the State

1616

Constitution until 2 weeks before the contract or agreement

1617

regarding the purchase, exchange, or disposal of the surplus land

1618

is first considered for approval by the board. Notwithstanding

1619

the exemption provided under this subparagraph, the division may

1620

disclose appraisals, valuations, or valuation information

1621

regarding surplus land during negotiations for the sale or

1622

exchange of the land, during the marketing effort or bidding

1623

process associated with the sale, disposal, or exchange of the

1624

land to facilitate closure of such effort or process, when the

1625

passage of time has made the conclusions of value invalid, or

1626

when negotiations or marketing efforts concerning the land are

1627

concluded.

1628

     b.  This subparagraph is subject to the Open Government

1629

Sunset Review Act of 1995 in accordance with s. 119.15, and shall

1630

stand repealed on October 2, 2009, unless reviewed and saved from

1631

repeal through reenactment by the Legislature.

1632

     2.  A unit of government that acquires title to lands

1633

hereunder for less than appraised value may not sell or transfer

1634

title to all or any portion of the lands to any private owner for

1635

a period of 10 years. Any unit of government seeking to transfer

1636

or sell lands pursuant to this paragraph shall first allow the

1637

board of trustees to reacquire such lands for the price at which

1638

the board sold such lands.

1639

Reviser's note.--Amended to conform to the renaming of the

1640

"Open Government Sunset Review Act of 1995" as the "Open

1641

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

1642

of Florida.

1643

     Section 47.  Subsection (2) of section 257.38, Florida

1644

Statutes, is amended to read:

1645

     257.38  Manuscripts or other archival material held by local

1646

government; public records exemption.--

1647

     (2)  Subsection (1) is subject to the Open Government Sunset

1648

Review Act of 1995 in accordance with s. 119.15 and shall stand

1649

repealed on October 2, 2009, unless reviewed and saved from

1650

repeal through reenactment by the Legislature.

1651

Reviser's note.--Amended to conform to the renaming of the

1652

"Open Government Sunset Review Act of 1995" as the "Open

1653

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

1654

of Florida.

1655

     Section 48.  Subsection (5) of section 258.001, Florida

1656

Statutes, is amended to read:

1657

     258.001  Park regions.--For the purpose of administering

1658

this chapter, regulating the public parks, monuments and

1659

memorials of this state, the state is divided into five park

1660

regions which are defined as:

1661

     (5)  FIFTH REGION.--The Counties of Lee, Hendry, Palm Beach,

1662

Collier, Broward, Miami-Dade Dade, and Monroe shall constitute

1663

the Fifth Park Region.

1664

Reviser's note.--Amended to conform to the redesignation of

1665

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

1666

Dade County Code.

1667

     Section 49.  Section 258.11, Florida Statutes, is amended to

1668

read:

1669

     258.11  Land ceded for Royal Palm State Park;

1670

proviso.--Section fifteen, and the north half of section twenty-

1671

two of township fifty-eight south, range thirty-seven east,

1672

situated in Miami-Dade Dade County, is ceded to the Florida

1673

Federation of Women's Clubs and designated as the "Royal Palm

1674

State Park," to be cared for, protected, and to remain in the

1675

full possession and enjoyment, with all the possessory rights and

1676

privileges thereunto, belonging to the Florida Federation of

1677

Women's Clubs, for the purpose of a state park, for the benefit

1678

and use of all the people of Florida, perpetually; provided, that

1679

the Florida Federation of Women's Clubs shall procure a deed to

1680

960 acres of land in Miami-Dade Dade County, in the vicinity of

1681

said state park, suitable for agricultural purposes, conveying to

1682

said Florida Federation of Women's Clubs fee simple title

1683

thereto, said land to be used as an endowment for the perpetual

1684

use and benefit of the said park, its protection, improvement and

1685

the beautifying thereof, including the construction of roads and

1686

other improvements, either in kind or by the use of the rents and

1687

profits accruing therefrom, or the proceeds of sale thereof or

1688

any part of said endowment tract.

1689

Reviser's note.--Amended to conform to the redesignation of

1690

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

1691

Dade County Code.

1692

     Section 50.  Section 258.12, Florida Statutes, is amended to

1693

read:

1694

     258.12  Additional lands ceded for Royal Palm State

1695

Park.--For the use and benefit of all the people of the state,

1696

the state cedes to the Florida Federation of Women's Clubs the

1697

south half of section ten, southwest quarter of section eleven,

1698

west half of section fourteen, west half of section twenty-three,

1699

south half of section twenty-two, northwest quarter of section

1700

twenty-seven, north half of section twenty-eight, and northeast

1701

quarter of section twenty-nine, township fifty-eight south, range

1702

thirty-seven east, situated in Miami-Dade Dade County, as

1703

additional acreage to "Royal Palm State Park," to be cared for

1704

and remain in the full possession and enjoyment of said Florida

1705

Federation of Women's Clubs, with all the possessory rights and

1706

privileges to the same belonging or in anywise appertaining;

1707

provided, that said land is granted to the said Florida

1708

Federation of Women's Clubs upon the express condition that said

1709

land and every part thereof shall be used as a state park for the

1710

use and benefit of all the people of Florida, and for no other

1711

purpose; and in the event said grantee shall permit or suffer the

1712

use of said land for any other purpose, or shall discontinue the

1713

use thereof for such purpose, such misuse or discontinuance shall

1714

operate as a defeasance and said land and every part thereof

1715

shall revert to the state.

1716

Reviser's note.--Amended to conform to the redesignation of

1717

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

1718

Dade County Code.

1719

     Section 51.  Section 258.39, Florida Statutes, is amended to

1720

read:

1721

     258.39  Boundaries of preserves.--The submerged lands

1722

included within the boundaries of Nassau, Duval, St. Johns,

1723

Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte,

1724

Pinellas, Martin, Palm Beach, Miami-Dade Dade, Monroe, Collier,

1725

Lee, Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa,

1726

Hernando, and Escambia Counties, as hereinafter described, with

1727

the exception of privately held submerged lands lying landward of

1728

established bulkheads and of privately held submerged lands

1729

within Monroe County where the establishment of bulkhead lines is

1730

not required, are hereby declared to be aquatic preserves. Such

1731

aquatic preserve areas include:

1732

     (1)  The Fort Clinch State Park Aquatic Preserve, as

1733

described in the Official Records of Nassau County in Book 108,

1734

pages 343-346, and in Book 111, page 409.

1735

     (2)  Nassau River-St. Johns River Marshes Aquatic Preserve,

1736

as described in the Official Records of Duval County in Volume

1737

3183, pages 547-552, and in the Official Records of Nassau County

1738

in Book 108, pages 232-237.

1739

     (3)  Pellicer Creek Aquatic Preserve, as described in the

1740

Official Records of St. Johns County in Book 181, pages 363-366,

1741

and in the Official Records of Flagler County in Book 33, pages

1742

131-134.

1743

     (4)  Tomoka Marsh Aquatic Preserve, as described in the

1744

Official Records of Flagler County in Book 33, pages 135-138, and

1745

in the Official Records of Volusia County in Book 1244, pages

1746

615-618.

1747

     (5)  Mosquito Lagoon Aquatic Preserve, as described in the

1748

Official Records of Volusia County in Book 1244, pages 619-623,

1749

and in the Official Records of Brevard County in Book 1143, pages

1750

190-194.

1751

     (6)  Banana River Aquatic Preserve, as described in the

1752

Official Records of Brevard County in Book 1143, pages 195-198,

1753

and the sovereignty submerged lands lying within the following

1754

described boundaries: BEGIN at the intersection of the westerly

1755

ordinary high water line of Newfound Harbor with the North line

1756

of Section 12, Township 25 South, Range 36 East, Brevard County:

1757

Thence proceed northeasterly crossing Newfound Harbor to the

1758

intersection of the South line of Section 31, Township 24 South,

1759

Range 37 East, with the easterly ordinary high water line of said

1760

Newfound Harbor; thence proceed northerly along the easterly

1761

ordinary high water line of Newfound Harbor to its intersection

1762

with the easterly ordinary high water line of Sykes Creek; thence

1763

proceed northerly along the easterly ordinary high water line of

1764

said creek to its intersection with the southerly right-of-way of

1765

Hall Road; thence proceed westerly along said right-of-way to the

1766

westerly ordinary high water line of Sykes Creek; thence

1767

southerly along said ordinary high water line to its intersection

1768

with the ordinary high water line of Newfound Harbor; thence

1769

proceed southerly along the westerly ordinary high water line of

1770

Newfound Harbor to the POINT OF BEGINNING.

1771

     (7)(a)  Indian River-Malabar to Vero Beach Aquatic Preserve,

1772

as described in the Official Records of Brevard County in Book

1773

1143, pages 199-202, and in the Official Records of Indian River

1774

County in Book 368, pages 5-8 and the sovereignty submerged lands

1775

lying within the following described boundaries, excluding those

1776

lands contained within the corporate boundary of the City of Vero

1777

Beach as of the effective date of this act: Commence at the

1778

intersection of the north line of Section 31, Township 28 South,

1779

Range 38 East, and the westerly mean high water line of Indian

1780

River for a point of beginning; thence from the said point of

1781

beginning proceed northerly, westerly, and easterly along the

1782

mean high water line of Indian River and its navigable

1783

tributaries to an intersection with the north line of Section 24,

1784

Township 28 South, Range 37 East; thence proceed easterly, to a

1785

point on the easterly mean high water line of Indian River at its

1786

intersection with the north line of Section 20, Township 28

1787

South, Range 38 East; thence proceed southerly, along the

1788

easterly mean high water line of Indian River to the most

1789

westerly tip of Blue Fish Point in said Section 20, thence

1790

proceed southwesterly to the intersection of the westerly mean

1791

high water line of Indian River with the north line of Section

1792

31, Township 28 South, Range 38 East and the point of beginning:

1793

And also commence at the intersection of the northern Vero Beach

1794

city limits line in Section 25, Township 32 South, Range 39 East,

1795

and the westerly mean high water line of Indian River for the

1796

point of beginning: Thence from the said point of beginning

1797

proceed northerly, along the westerly mean high water line of

1798

Indian River and its navigable tributaries to an intersection

1799

with the south line of Section 14, Township 30 South, Range 38

1800

East; thence proceed easterly, along the easterly projection of

1801

the south line of said Section 14, to an intersection with the

1802

easterly right-of-way line of the Intracoastal Waterway; thence

1803

proceed southerly, along the easterly right-of-way line of the

1804

Intracoastal Waterway, to an intersection with the northerly line

1805

of the Pelican Island National Wildlife Refuge; thence proceed

1806

easterly, along the northerly line of the Pelican Island National

1807

Wildlife Refuge, to an intersection with the easterly mean high

1808

water line of Indian River; thence proceed southerly along the

1809

easterly mean high water line of Indian River and its

1810

tributaries, to an intersection with the northern Vero Beach city

1811

limits line in Section 30, Township 32 South, Range 40 East;

1812

thence proceed westerly and southerly, along the northern Vero

1813

Beach city limits line to an intersection with the easterly mean

1814

high water line of Indian River and the point of beginning.

1815

     (b)  For purposes of the Indian River-Malabar to Vero Beach

1816

Aquatic Preserve, a lease of sovereign submerged lands for a

1817

noncommercial dock may be deemed to be in the public interest

1818

when the noncommercial dock constitutes a reasonable exercise of

1819

riparian rights and is consistent with the preservation of the

1820

exceptional biological, aesthetic, or scientific values which the

1821

aquatic preserve was created to protect.

1822

     (8)  Indian River-Vero Beach to Fort Pierce Aquatic

1823

Preserve, as described in the Official Records of Indian River

1824

County in Book 368, pages 9-12, and in the Official Records of

1825

St. Lucie County in Book 187, pages 1083-1086. More specifically,

1826

within that description, the southern corporate line of Vero

1827

Beach refers to the southerly corporate boundary line of Vero

1828

Beach as it existed on June 3, 1970, which is also a westerly

1829

projection of the south boundary of "Indian Bay" subdivision as

1830

recorded in Plat Book 3, page 43, Docket No. 59267, Public

1831

Records of Indian River County, and State Road A1A refers to

1832

State Road A1A, North Beach Causeway, located north of Fort

1833

Pierce Inlet.

1834

     (9)  Jensen Beach to Jupiter Inlet Aquatic Preserve, as

1835

described in the Official Records of St. Lucie County in Book

1836

218, pages 2865-2869. More specifically, within that description,

1837

the southerly corporate line of the City of Fort Pierce refers to

1838

the southerly corporate boundary line of the City of Fort Pierce

1839

as it existed in 1969; and the western boundary of the preserve

1840

as it crosses the St. Lucie River is more specifically described

1841

as a line which connects the intersection point of the westerly

1842

mean high-water line of the Indian River and the northerly mean

1843

high-water line of the St. Lucie River to the intersection point

1844

of the intersection of the westerly mean high-water line of the

1845

Intracoastal Waterway and the southerly mean high-water line of

1846

the St. Lucie River, lands within this preserve are more

1847

particularly described as lying and being in Sections 12, 13, 26,

1848

35, and 36, Township 35 South, Range 40 East, and Sections 18,

1849

19, 29, 30, and 32, Township 35 South, Range 41 East, and

1850

Sections 1 and 12, Township 36 South, Range 40 East, and Sections

1851

5, 7, 8, 9, 16, 17, 18, 19, 20, 22, 27, 29, 32, and 34, Township

1852

36 South, Range 41 East, and Sections 2, 3, 4, 9, 10, 11, 13, 14,

1853

15, 22, 23, 24, 26, 35, and 36, Township 37 South, Range 41 East,

1854

and Sections 19, 30, 31, and 32, Township 37 South, Range 42

1855

East, and Sections 1 and 12, Township 38 South, Range 41 East,

1856

and Sections 5, 6, 8, 16, 17, 19, 20, 21, 28, 29, 32, and 33,

1857

Township 38 South, Range 42 East, including the eastern portion

1858

of the Hanson Grant, east of Rocky Point Cove, and west of St.

1859

Lucie Inlet State Park, and portions of the Gomez Grant lying

1860

adjacent to Peck Lake and South Jupiter Narrows, and Sections 25,

1861

26, 35, and 36, Township 39 South, Range 42 East, and Sections 1,

1862

12, and 13, Township 40 South, Range 42 East, and Sections 7, 18,

1863

19, 30, 31, and 32, Township 40 South, Range 43 East.

1864

     (10)  Loxahatchee River-Lake Worth Creek Aquatic Preserve,

1865

as described in the Official Records of Martin County in Book

1866

320, pages 193-196, and in the Official Records of Palm Beach

1867

County in Volume 1860, pages 806-809, and the sovereignty

1868

submerged lands lying within the following described boundaries:

1869

Begin at the intersection of the easterly mean high water line of

1870

the North Fork of the Loxahatchee River with the northerly mean

1871

high water line of the Loxahatchee River, being in Section 36,

1872

Township 40 South, Range 43 East, Palm Beach County: Thence

1873

proceed easterly along the northerly mean high water line of the

1874

Loxahatchee River to the westerly right-of-way of U.S. Highway 1;

1875

thence proceed southerly along said right-of-way to the southerly

1876

mean high water line of said river; thence proceed easterly along

1877

the southerly mean high water line of said river to its

1878

intersection with the easterly mean high water line of the Lake

1879

Worth Creek; thence proceed northwesterly crossing the

1880

Loxahatchee River to the point of beginning: And also: Commence

1881

at the southwest corner of Section 16, Township 40 South, Range

1882

42 East Martin County; thence proceed north along the west line

1883

of Section 16 to the mean high water line of the Loxahatchee

1884

River being the point of beginning: Thence proceed southerly

1885

along the easterly mean high water line of said river and its

1886

tributaries to a point of nonnavigability; thence proceed

1887

westerly to the westerly mean high water line of said river;

1888

thence proceed northerly along the westerly mean high water line

1889

of said river and its tributaries to its intersection with the

1890

westerly line of Section 16, Township 40 South, Range 42 East;

1891

thence proceed southerly along the said westerly section line to

1892

the point of beginning: And also begin where the southerly mean

1893

high water line of the Southwest Fork of the Loxahatchee River

1894

intersects the westerly line of Section 35, Township 40 South,

1895

Range 42 East: Thence proceed southwesterly along the southerly

1896

mean high water line of the Southwest Fork to the northeasterly

1897

face of structure #46; thence proceed northwesterly along the

1898

face of said structure to the northerly mean high water line of

1899

the Southwest Fork; thence proceed northeasterly along said mean

1900

high water line to its intersection with the westerly line of

1901

Section 35, Township 40 South, Range 42 East; thence proceed

1902

southerly along westerly line of said section to the point of

1903

beginning.

1904

     (11)  Biscayne Bay-Cape Florida to Monroe County Line

1905

Aquatic Preserve, as described in the Official Records of Miami-

1906

Dade Dade County in Book 7055, pages 852-856, less, however,

1907

those lands and waters as described in s. 258.397.

1908

     (12)  North Fork, St. Lucie Aquatic Preserve, as described

1909

in the Official Records of Martin County in Book 337, pages 2159-

1910

2162, and in the Official Records of St. Lucie County in Book

1911

201, pages 1676-1679.

1912

     (13)  Yellow River Marsh Aquatic Preserve, as described in

1913

the Official Records of Santa Rosa County in Book 206, pages 568-

1914

571.

1915

     (14)  Fort Pickens State Park Aquatic Preserve, as described

1916

in the Official Records of Santa Rosa County in Book 220, pages

1917

60-63, and in the Official Records of Escambia County in Book

1918

518, pages 659-662.

1919

     (15)  Rocky Bayou State Park Aquatic Preserve, as described

1920

in the Official Records of Okaloosa County in Book 593, pages

1921

742-745.

1922

     (16)  St. Andrews State Park Aquatic Preserve, as described

1923

in the Official Records of Bay County in Book 379, pages 547-550.

1924

     (17)  St. Joseph Bay Aquatic Preserve, as described in the

1925

Official Records of Gulf County in Book 46, pages 73-76.

1926

     (18)  Apalachicola Bay Aquatic Preserve, as described in the

1927

Official Records of Gulf County in Book 46, pages 77-81, and in

1928

the Official Records of Franklin County in Volume 98, pages 102-

1929

106.

1930

     (19)  Alligator Harbor Aquatic Preserve, as described in the

1931

Official Records of Franklin County in Volume 98, pages 82-85.

1932

     (20)  St. Martins Marsh Aquatic Preserve, as described in

1933

the Official Records of Citrus County in Book 276, pages 238-241.

1934

     (21)  Matlacha Pass Aquatic Preserve, as described in the

1935

Official Records of Lee County in Book 800, pages 725-728.

1936

     (22)  Pine Island Sound Aquatic Preserve, as described in

1937

the Official Records of Lee County in Book 648, pages 732-736.

1938

     (23)  Cape Romano-Ten Thousand Islands Aquatic Preserve, as

1939

described in the Official Records of Collier County in Book 381,

1940

pages 298-301.

1941

     (24)  Lignumvitae Key Aquatic Preserve, as described in the

1942

Official Records of Monroe County in Book 502, pages 139-142.

1943

     (25)  Coupon Bight Aquatic Preserve, as described in the

1944

Official Records of Monroe County in Book 502, pages 143-146.

1945

     (26)  Lake Jackson Aquatic Preserve, as established by

1946

chapter 73-534, Laws of Florida, and defined as authorized by

1947

law.

1948

     (27)  Pinellas County Aquatic Preserve, as established by

1949

chapter 72-663, Laws of Florida; Boca Ciega Aquatic Preserve, as

1950

established by s. 258.396; and the Biscayne Bay Aquatic Preserve,

1951

as established by s. 258.397. If any provision of this act is in

1952

conflict with an aquatic preserve established by s. 258.396,

1953

chapter 72-663, Laws of Florida, or s. 258.397, the stronger

1954

provision for the maintenance of the aquatic preserve shall

1955

prevail.

1956

     (28)  Estero Bay Aquatic Preserve, the boundaries of which

1957

are generally: All of those sovereignty submerged lands located

1958

bayward of the mean high-water line being in Sections 13, 14, 15,

1959

16, 17, 18, 21, 22, 23, 24, 25, 26, 27, 35, and 36, Township 46

1960

South, Range 24 East; and in Sections 19, 20, 28, 29, and 34,

1961

Township 46 South, Range 24 East, lying north and east of

1962

Matanzas Pass Channel; and in Sections 19, 30, and 31, Township

1963

46 South, Range 25 East; and in Sections 6, 7, 17, 18, 19, 20,

1964

29, 30, 31, and 32, Township 47 South, Range 25 East; and in

1965

Sections 1, 2, 3, 11, 12, 13, 14, 24, and 25, Township 47 South,

1966

Range 24 East, in Lee County, Florida. Any and all submerged

1967

lands conveyed by the Trustees of the Internal Improvement Trust

1968

Fund prior to October 12, 1966, and any and all uplands now in

1969

private ownership are specifically exempted from this preserve.

1970

     (29)  Cape Haze Aquatic Preserve, the boundaries of which

1971

are generally: That part of Gasparilla Sound, Catfish Creek,

1972

Whiddon Creek, "The Cutoff," Turtle Bay, and Charlotte Harbor

1973

lying within the following described limits: Northerly limits:

1974

Commence at the northwest corner of Section 18, Township 42

1975

South, Range 21 East, thence south along the west line of said

1976

Section 18 to its intersection with the Government Meander Line

1977

of 1843-1844, and the point of beginning, thence southeasterly

1978

along said meander line to the northwesterly shoreline of Catfish

1979

Creek, thence northeasterly along said shoreline to the north

1980

line of said Section 18, thence east along said north line to the

1981

easterly shoreline of Catfish Creek, thence southeasterly along

1982

said shoreline to the east line of said Section 18, thence south

1983

along said east line, crossing an arm of said Catfish Creek to

1984

the southerly shoreline of said creek, thence westerly along said

1985

southerly shoreline and southerly along the easterly shoreline of

1986

Catfish Creek to said Government Meander Line, thence easterly

1987

and southeasterly along said meander line to the northerly

1988

shoreline of Gasparilla Sound in Section 21, Township 42 South,

1989

Range 21 East, thence easterly along said northerly shoreline and

1990

northeasterly along the westerly shoreline of Whiddon Creek to

1991

the east west quarter line in Section 16, Township 42 South,

1992

Range 21 East, thence east along said quarter line and the

1993

quarter Section line of Section 15, Township 42 South, Range 21

1994

East to the easterly shoreline of Whiddon Creek, thence southerly

1995

along said shoreline to the northerly shoreline of "The Cutoff,"

1996

thence easterly along said shoreline to the westerly shoreline of

1997

Turtle Bay, thence northeasterly along said shoreline to its

1998

intersection with said Government Meander Line in Section 23,

1999

Township 42 South, Range 21 East, thence northeasterly along said

2000

meander line to the east line of Section 12, Township 42 South,

2001

Range 21 East, thence north along the east line of said Section

2002

12, and the east line of Section 1, Township 42 South, Range 21

2003

East to the northwest corner of Section 6, Township 42 South,

2004

Range 22 East, thence east along the north line and extension

2005

thereof of said Section 6 to a point 2,640 feet east of the

2006

westerly shoreline of Charlotte Harbor and the end of the

2007

northerly limits. Easterly limits: Commence at the northwest

2008

corner of Section 6, Township 42 South, Range 22 East, thence

2009

east along the north line of said Section 6 and extension thereof

2010

to a point 2,640 feet east of the westerly shoreline of Charlotte

2011

Harbor and the point of beginning, thence southerly along a line

2012

2,640 feet easterly of and parallel with the westerly shoreline

2013

of Charlotte Harbor and along a southerly extension of said line

2014

to the line dividing Charlotte and Lee Counties and the end of

2015

the easterly limits. Southerly limits: Begin at the point of

2016

ending of the easterly limits, above described, said point being

2017

in the line dividing Charlotte and Lee Counties, thence

2018

southwesterly along a straight line to the most southerly point

2019

of Devil Fish Key, thence continue along said line to the

2020

easterly right-of-way of the Intracoastal Waterway and the end of

2021

the southerly limits. Westerly limits: Begin at the point of

2022

ending of the southerly limits as described above, thence

2023

northerly along the easterly right-of-way line of the

2024

Intracoastal Waterway to its intersection with a southerly

2025

extension of the west line of Section 18, Township 42 South,

2026

Range 21 East, thence north along said line to point of

2027

beginning.

2028

     (30)  Wekiva River Aquatic Preserve, the boundaries of which

2029

are generally: All the state-owned sovereignty lands lying

2030

waterward of the ordinary high-water mark of the Wekiva River and

2031

the Little Wekiva River and their tributaries lying and being in

2032

Lake, Seminole, and Orange counties and more particularly

2033

described as follows:

2034

     (a)  In Sections 15, 16, 17, 20, 21, 22, 27, 28, 29, and 30,

2035

Township 20 South, Range 29 East. These sections are also

2036

depicted on the Forest City Quadrangle (U.S.G.S. 7.5 minute

2037

series-topographic) 1959 (70PR); and

2038

     (b)  In Sections 3, 4, 8, 9, and 10, Township 20 South,

2039

Range 29 East and in Sections 21, 28, and 33, Township 19 South,

2040

Range 29 East lying north of the right-of-way for the Atlantic

2041

Coast Line Railroad and that part of Section 33, Township 19

2042

South, Range 29 East lying between the Lake and Orange County

2043

lines and the right-of-way of the Atlantic Coast Line Railroad.

2044

These sections are also depicted on the Sanford SW Quadrangle

2045

(U.S.G.S. 7.5 minute series-topographic) 1965 (70-1); and

2046

     (c)  All state-owned sovereignty lands, public lands, and

2047

lands whether public or private below the ordinary high-water

2048

mark of the Wekiva River and the Little Wekiva and their

2049

tributaries within the Peter Miranda Grant in Lake County lying

2050

below the 10 foot m.s.l. contour line nearest the meander line of

2051

the Wekiva River and all state-owned sovereignty lands, public

2052

lands, and lands whether public or private below the ordinary

2053

high-water mark of the Wekiva River and the Little Wekiva and

2054

their tributaries within the Moses E. Levy Grant in Lake County

2055

below the 10 foot m.s.l. contour line nearest the meander lines

2056

of the Wekiva River and Black Water Creek as depicted on the PINE

2057

LAKES 1962 (70-1), ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1),

2058

and SANFORD S.W. 1965 (70-1) QUADRANGLES (U.S.G.S. 7.5 minute

2059

topographic); and

2060

     (d)  All state-owned sovereignty lands, public lands, and

2061

lands whether public or private below the ordinary high-water

2062

mark of the Wekiva River and the Little Wekiva River and their

2063

tributaries lying below the 10 foot m.s.l. contour line nearest

2064

the meander line of the Wekiva and St. Johns Rivers as shown on

2065

the ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1), and SANFORD

2066

S.W. 1965 (70-1) QUADRANGLES (U.S.G.S. 7.5 minute topographic)

2067

within the following described property: Beginning at a point on

2068

the south boundary of the Moses E. Levy Grant, Township 19 South,

2069

Range 29 East, at its intersection with the meander line of the

2070

Wekiva River; thence south 60 1/2 degrees east along said

2071

boundary line 4,915.68 feet; thence north 29 1/2 degrees east

2072

15,516.5 feet to the meander line of the St. Johns River; thence

2073

northerly along the meander line of the St. Johns River to the

2074

mouth of the Wekiva River; thence southerly along the meander

2075

line of the Wekiva River to the beginning; and

2076

     (e)  All state-owned sovereignty lands, public lands, and

2077

lands whether public or private below the ordinary high-water

2078

mark of the Wekiva River and the Little Wekiva River and their

2079

tributaries within the Peter Miranda Grant lying east of the

2080

Wekiva River, less the following:

2081

     1.  State Road 46 and all land lying south of said State

2082

Road No. 46.

2083

     2.  Beginning 15.56 chains West of the Southeast corner of

2084

the SW 1/4 of the NE 1/4 of Section 21, Township 19 South, Range

2085

29 East, run east 600 feet; thence north 960 feet; thence west

2086

340 feet to the Wekiva River; thence southwesterly along said

2087

Wekiva River to point of beginning.

2088

     3.  That part of the east 1/4 of the SW 1/4 of Section 22,

2089

Township 19 South, Range 29 East, lying within the Peter Miranda

2090

Grant east of the Wekiva River.

2091

     (f)  All the sovereignty submerged lands lying within the

2092

following described boundaries: Begin at the intersection of

2093

State Road 44 and the westerly ordinary high water line of the

2094

St. Johns River, Section 22, Township 17 South, Range 29 East,

2095

Lake County: Thence proceed southerly along the westerly ordinary

2096

high water line of said river and its tributaries to the

2097

intersection of the northerly right-of-way of State Road 400;

2098

thence proceed northeasterly along said right-of-way to the

2099

easterly ordinary high water line of the St. Johns River; thence

2100

proceed northerly along said ordinary high water line of the St.

2101

Johns River and its tributaries to its intersection with the

2102

easterly ordinary high water line of Lake Beresford; thence

2103

proceed northerly along the ordinary high water line of said lake

2104

to its intersection with the westerly line of Section 24,

2105

Township 17 South, Range 29 East; thence proceed northerly to the

2106

southerly right-of-way of West New York Avenue; thence proceed

2107

westerly along the southerly right-of-way of said avenue to its

2108

intersection with the southerly right-of-way line of State Road

2109

44; thence proceed southwesterly along said right-of-way to the

2110

point of beginning.

2111

     (31)  Rookery Bay Aquatic Preserve, the boundaries of which

2112

are generally: All of the state-owned sovereignty lands lying

2113

waterward of the mean high-water line in Rookery Bay and in

2114

Henderson Creek and the tributaries thereto in Collier County,

2115

Florida. Said lands are more particularly described as lying and

2116

being in Sections 27, 34, 35, and 36, Township 50 South, Range 25

2117

East; in Section 31, Township 50 South, Range 26 East; in

2118

Sections 1, 2, 3, 10, 11, 12, 13, 14, 23, 24, and 25, Township 51

2119

South, Range 25 East; and in Sections 5, 6, 7, 8, 9, 10, 15, 16,

2120

17, 18, 19, 20, 30, and 31, Township 51 South, Range 26 East,

2121

Collier County, Florida, and all the sovereignty submerged lands

2122

lying within the following described boundaries: Begin at the

2123

southwest corner of Section 30, Township 52 South, Range 27 East,

2124

Collier County: Thence proceed easterly along the southerly line

2125

of said Section 30 to the southwest corner of Section 29,

2126

Township 52 South, Range 27 East; proceed thence northerly along

2127

the westerly lines of Sections 29, 20 and 17 to the northwest

2128

corner of said Section 17; thence proceed westerly along the

2129

northerly line of Section 18 to the southeast corner of Section

2130

12, Township 52 South, Range 26 East; thence proceed northerly

2131

along the easterly lines of Sections 12, 1, 36 and 25 to the

2132

northeast corner of said Section 25, Township 51 South, Range 26

2133

East; thence proceed westerly along the northerly lines of

2134

Sections 25 and 26 to the northwest corner of said Section 26;

2135

thence proceed northerly to northeast corner of said Section 22;

2136

thence proceed westerly along the northerly lines of Sections 22

2137

and 21 to the northwest corner of said Section 21; thence proceed

2138

southerly to the southwest corner of said Section 21; thence

2139

proceed westerly along the northerly line of Section 29 to the

2140

northwest corner thereof; thence proceed southerly along the

2141

westerly lines of Sections 29 and 32 to the southwest corner of

2142

said Section 32; thence proceed westerly to the northwest corner

2143

of Section 6, Township 52 South, Range 26 East; thence proceed

2144

southerly along a projection of Range line 25 East to its

2145

intersection with a line which runs westerly from the southwest

2146

corner of Cape Romano - Ten Thousand Islands Aquatic Preserve;

2147

thence proceed easterly to the southwest corner of Cape Romano -

2148

Ten Thousand Islands Aquatic Preserve; thence proceed northerly

2149

to the point of beginning. Less and except: Begin at the

2150

southeast corner of Section 21, Township 52 South, Range 26 East;

2151

thence proceed northerly along the easterly lines of Sections 21

2152

and 16 to the northeast corner of said Section 16, thence proceed

2153

northerly to the thread of John Stevens Creek; thence proceed

2154

northwesterly along the thread of said creek to its intersection

2155

with the thread of Marco River; thence proceed northwesterly and

2156

westerly along the thread of said river to its intersection with

2157

the thread of Big Marco Pass; thence proceed southwesterly along

2158

the thread of Big Marco Pass to its intersection with Range line

2159

25 East; thence proceed southerly along Range line 25 East to a

2160

point which is west from the point of beginning: Thence proceed

2161

easterly to the point of beginning.

2162

     (32)  Rainbow Springs Aquatic Preserve, the boundaries of

2163

which are generally: Commencing at the intersection of Blue Run

2164

with the Withlacoochee River in Section 35, Township 16 South,

2165

Range 18 East; thence run southeasterly and easterly along said

2166

Blue Run to the east boundary of said Section 35; thence continue

2167

easterly and northerly along said Blue Run through Section 36,

2168

Township 16 South, Range 18 East, to the north boundary of said

2169

Section 36; thence continue northerly and northeasterly along

2170

said Blue Run in Section 25, Township 16 South, Range 18 East, to

2171

the north boundary of the city limits of Dunnellon, Florida;

2172

thence from the north boundary of the city limits of Dunnellon,

2173

Florida, in Section 25, Township 16 South, Range 18 East; thence

2174

run easterly along said Blue Run to its intersection with the

2175

east boundary line of said Section 25; thence continue easterly

2176

along said Rainbow River (Blue Run) into Section 30, Township 16

2177

South, Range 19 East, thence northerly along said Rainbow River

2178

(Blue Run) through Sections 30 and 19, Township 16 South, Range

2179

19 East, to a point on the north boundary of the northwest 1/4 of

2180

Section 18; thence continue to run northwesterly to the head of

2181

Rainbow Springs in Section 12, Township 16 South, Range 18 East.

2182

2183

Any and all submerged lands theretofore conveyed by the Trustees

2184

of the Internal Improvement Trust Fund and any and all uplands

2185

now in private ownership are specifically exempted from this

2186

dedication.

2187

Reviser's note.--Amended to conform to the redesignation of

2188

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

2189

Dade County Code.

2190

     Section 52.  Subsection (1), paragraph (a) of subsection

2191

(2), paragraph (e) of subsection (3), and subsections (6) and (7)

2192

of section 258.397, Florida Statutes, are amended to read:

2193

     258.397  Biscayne Bay Aquatic Preserve.--

2194

     (1) DESIGNATION.--Biscayne Bay in Miami-Dade Dade and

2195

Monroe Counties, as hereinafter described to include Card Sound,

2196

is designated and established as an aquatic preserve under the

2197

provisions of this section. It is the intent of the Legislature

2198

that Biscayne Bay be preserved in an essentially natural

2199

condition so that its biological and aesthetic values may endure

2200

for the enjoyment of future generations.

2201

     (2)  BOUNDARIES.--

2202

     (a)  For the purposes of this section, Biscayne Bay,

2203

sometimes referred to in this section as "the preserve," shall be

2204

comprised of the body of water in Miami-Dade Dade and Monroe

2205

Counties known as Biscayne Bay whose boundaries are generally

2206

defined as follows:

2207

     Begin at the southwest intersection of the right-of-way of

2208

State Road 826 and the mean high-water line of Biscayne Bay

2209

(Township 52 South, Range 42 East, Miami-Dade Dade County);

2210

thence southerly along the westerly mean high-water line of

2211

Biscayne Bay to its intersection with the right-of-way of State

2212

Road 905A (Township 59 South, Range 40 East, Monroe County);

2213

thence easterly along such right-of-way to the easterly mean

2214

high-water line of Biscayne Bay; thence northerly along the

2215

easterly mean high-water line of Biscayne Bay following the

2216

westerly shores of the most easterly islands and Keys with

2217

connecting lines drawn between the closest points of adjacent

2218

islands to the southeasterly intersection of the right-of-way of

2219

State Road 826 and the mean high-water line of Biscayne Bay;

2220

thence westerly to the point of beginning. Said boundary extends

2221

across the mouths of all artificial waterways, but includes all

2222

natural waterways tidally connected to Biscayne Bay. Excluded

2223

from the preserve are those submerged lands conveyed to the

2224

United States for the establishment of the Biscayne National

2225

Monument as defined by Pub. L. No. 90-606 of the United States.

2226

     (3)  AUTHORITY OF TRUSTEES.--The Board of Trustees of the

2227

Internal Improvement Trust Fund is authorized and directed to

2228

maintain the aquatic preserve hereby created pursuant and subject

2229

to the following provisions:

2230

     (e)  Notwithstanding other provisions of this section, the

2231

board of trustees may, respecting lands lying within Biscayne

2232

Bay:

2233

     1.  Enter into agreements for and establish lines

2234

delineating sovereignty and privately owned lands.

2235

     2.  Enter into agreements for the exchange of, and exchange,

2236

sovereignty lands for privately owned lands.

2237

     3.  Accept gifts of land within or contiguous to the

2238

preserve.

2239

     4.  Negotiate for, and enter into agreements with owners of

2240

lands contiguous to sovereignty lands for, any public and private

2241

use of any of such lands.

2242

     5.  Take any and all actions convenient for, or necessary

2243

to, the accomplishment of any and all of the acts and matters

2244

authorized by this paragraph.

2245

     6.  Conduct restoration and enhancement efforts in Biscayne

2246

Bay and its tributaries.

2247

     7.  Stabilize eroding shorelines of Biscayne Bay and its

2248

tributaries that are contributing to turbidity by planting

2249

natural vegetation to the greatest extent feasible and by the

2250

placement of riprap, as determined by Miami-Dade Dade County in

2251

conjunction with the Department of Environmental Protection.

2252

     8.  Request the South Florida Water Management District to

2253

enter into a memorandum of understanding with the Department of

2254

Environmental Protection, the Biscayne National Park Service, the

2255

Miami-Dade Metro-Dade County Department of Environmental

2256

Resources Management and, at their option, the Corps of Engineers

2257

to include enhanced marine productivity in Biscayne Bay as an

2258

objective when operating the Central and Southern Florida Flood

2259

Control projects consistently with the goals of the water

2260

management district, including flood protection, water supply,

2261

and environmental protection.

2262

     (6)  DISCHARGE OF WASTES PROHIBITED.--No wastes or effluents

2263

which substantially inhibit the accomplishment of the purposes of

2264

this section shall be discharged into the preserve. In order to

2265

ensure that these objectives are met, the following shall be

2266

required:

2267

     (a)  The Department of Environmental Protection, in

2268

cooperation with the South Florida Water Management District and

2269

Miami-Dade Dade County, shall investigate stormwater management

2270

practices within the watershed and shall develop a corrective

2271

plan for management and treatment of stormwater. The plan shall

2272

provide for retrofitting of stormwater outfalls causing the

2273

greatest environmental damage to the bay.

2274

     (b)  The Department of Environmental Protection, in

2275

cooperation with Miami-Dade Dade County, shall develop a program

2276

to regulate the use of pumpout facilities in the Biscayne Bay

2277

area and along the Miami River.

2278

     (c)  The Department of Environmental Protection, in

2279

cooperation with Miami-Dade Dade County, shall develop a program

2280

to eliminate, to the greatest extent possible, the discharge of

2281

oil and other pollutants from ships and to remove derelict

2282

vessels from the Miami River and the Biscayne Bay area.

2283

     (7)  ENFORCEMENT.--The provisions of this section may be

2284

enforced in accordance with the provisions of s. 403.412. In

2285

addition, the Department of Legal Affairs is authorized to bring

2286

an action for civil penalties of $5,000 per day against any

2287

person, natural or corporate, who violates the provisions of this

2288

section or any rule or regulation issued hereunder. Enforcement

2289

of applicable state regulations shall be supplemented by the

2290

Miami-Dade Metro-Dade County Department of Environmental

2291

Resources Management through the creation of a full-time

2292

enforcement presence along the Miami River.

2293

Reviser's note.--Amended to conform to the redesignation of

2294

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

2295

Dade County Code and the current name of the Miami-Dade

2296

County Department of Environmental Resources Management.

2297

     Section 53.  Section 286.0111, Florida Statutes, is amended

2298

to read:

2299

     286.0111  Legislative review of certain exemptions from

2300

requirements for public meetings and recordkeeping by

2301

governmental entities.--The provisions of s. 119.15, the Open

2302

Government Sunset Review Act of 1995, apply to the provisions of

2303

law which provide exemptions to s. 286.011, as provided in s.

2304

119.15.

2305

Reviser's note.--Amended to conform to the renaming of the

2306

"Open Government Sunset Review Act of 1995" as the "Open

2307

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

2308

of Florida.

2309

     Section 54.  Paragraph (e) of subsection (2) of section

2310

288.0655, Florida Statutes, is amended to read:

2311

     288.0655  Rural Infrastructure Fund.--

2312

     (2)

2313

     (e)  To enable local governments to access the resources

2314

available pursuant to s. 403.973(18) 403.973(19), the office may

2315

award grants for surveys, feasibility studies, and other

2316

activities related to the identification and preclearance review

2317

of land which is suitable for preclearance review. Authorized

2318

grants under this paragraph shall not exceed $75,000 each, except

2319

in the case of a project in a rural area of critical economic

2320

concern, in which case the grant shall not exceed $300,000. Any

2321

funds awarded under this paragraph must be matched at a level of

2322

50 percent with local funds, except that any funds awarded for a

2323

project in a rural area of critical economic concern must be

2324

matched at a level of 33 percent with local funds. In evaluating

2325

applications under this paragraph, the office shall consider the

2326

extent to which the application seeks to minimize administrative

2327

and consultant expenses.

2328

Reviser's note.--Amended to conform to the repeal of s.

2329

403.973(4) by s. 23, ch. 2007-105, Laws of Florida.

2330

     Section 55.  Paragraph (b) of subsection (2) of section

2331

288.1223, Florida Statutes, is amended to read:

2332

     288.1223  Florida Commission on Tourism; creation; purpose;

2333

membership.--

2334

     (2)

2335

     (b)  When making the 17 general tourism-industry-related

2336

appointments to the commission, the Governor shall appoint

2337

persons who are residents of the state, recognized tourism

2338

leaders, including, but not limited to, representatives of

2339

tourist development councils, convention and visitor bureaus, and

2340

associations, and chairs of the board, presidents, chief

2341

executive officers, chief operating officers, or persons of

2342

comparable executive level or influence of leading or otherwise

2343

important tourism industries. Consideration shall be given to

2344

appointing members who represent those tourist-related lodging,

2345

retail, attraction, and transportation industries which

2346

contribute significantly to the promotion of Florida as a tourist

2347

destination from their private budgets and publicly through their

2348

voluntary tourism promotion investment contributions. Minority

2349

persons, as defined in s. 288.703, shall be included in the

2350

appointments to the commission and to any advisory committee

2351

appointed by the commission, so that the commission and advisory

2352

committees are broadly representative of the population of

2353

Florida. In addition, members shall be appointed in such a manner

2354

as to equitably represent all geographic areas of the state, with

2355

no fewer than two and no more than four members from any of the

2356

following regions:

2357

     1.  Region 1, composed of Bay, Calhoun, Escambia, Franklin,

2358

Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,

2359

Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.

2360

     2.  Region 2, composed of Alachua, Baker, Bradford, Clay,

2361

Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,

2362

Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,

2363

Taylor, and Union Counties.

2364

     3.  Region 3, composed of Brevard, Indian River, Lake,

2365

Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and

2366

Volusia Counties.

2367

     4.  Region 4, composed of Citrus, Hernando, Hillsborough,

2368

Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.

2369

     5.  Region 5, composed of Charlotte, Collier, DeSoto,

2370

Glades, Hardee, Hendry, Highlands, and Lee Counties.

2371

     6. Region 6, composed of Broward, Dade, Martin, Miami-Dade,

2372

Monroe, and Palm Beach Counties.

2373

2374

No more than one member may be an employee of any one company,

2375

organization, council, or bureau.

2376

Reviser's note.--Amended to conform to the redesignation of

2377

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

2378

Dade County Code.

2379

     Section 56.  Paragraph (e) of subsection (1) and paragraph

2380

(d) of subsection (4) of section 288.1254, Florida Statutes, are

2381

amended to read:

2382

     288.1254  Entertainment industry financial incentive

2383

program.--

2384

     (1)  DEFINITIONS.--As used in this section, the term:

2385

     (e)  "Production" means a theatrical or direct-to-video

2386

motion picture; a made-for-television motion picture; a

2387

commercial; a music video; an industrial or educational film; an

2388

infomercial; a documentary film; a television pilot program; a

2389

presentation for a television pilot program; a television series,

2390

including, but not limited to, a drama, a reality show, a comedy,

2391

a soap opera, a telenovela, a game show, or a miniseries

2392

production; or a digital media project by the entertainment

2393

industry. One season of a television series is considered one

2394

production. The term excludes a weather or market program; a

2395

sporting event; a sports show; a gala; a production that solicits

2396

funds; a home shopping program; a political program; a political

2397

documentary; political advertising; a gambling-related project or

2398

production; a concert production; a pornographic production; or a

2399

local, regional, or Internet-distributed-only news show, current-

2400

events show, pornographic production, or current-affairs show. A

2401

production may be produced on or by film, tape, or otherwise by

2402

means of a motion picture camera; electronic camera or device;

2403

tape device; computer; any combination of the foregoing; or any

2404

other means, method, or device now used or later adopted.

2405

     (4)  PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF

2406

ELIGIBILITY; QUEUES.--

2407

     (d)  Digital media projects queue.--Ten percent of incentive

2408

funding appropriated in any state fiscal year shall be dedicated

2409

to the digital media projects queue. A production certified under

2410

this queue is eligible for a reimbursement equal to 10 percent of

2411

if its actual qualified expenditures. A qualified production that

2412

is a digital media project that demonstrates a minimum of

2413

$300,000 in total qualified expenditures is eligible for a

2414

maximum of $1 million in incentive funding. As used in this

2415

paragraph, the term "qualified expenditures" means the wages or

2416

salaries paid to a resident of this state for working on a single

2417

qualified digital media project, up to a maximum of $200,000 in

2418

wages or salaries paid per resident. A qualified production

2419

company producing digital media projects may not qualify for more

2420

than three projects in any 1 fiscal year. Projects that extend

2421

beyond a fiscal year must reapply each fiscal year in order to be

2422

eligible for incentive funding for that year.

2423

Reviser's note.--Paragraph (1)(e) is amended to confirm the

2424

editorial insertion of the word "or" after the word "show"

2425

to improve clarity and facilitate correct interpretation.

2426

Paragraph (4)(d) is amended to confirm the editorial

2427

substitution of the word "of" for the word "if" to correct a

2428

typographical error.

2429

     Section 57.  Paragraphs (a) and (g) of subsection (5) of

2430

section 288.8175, Florida Statutes, are amended to read:

2431

     288.8175  Linkage institutes between postsecondary

2432

institutions in this state and foreign countries.--

2433

     (5)  The institutes are:

2434

     (a)  Florida-Brazil Institute (University of Florida and

2435

Miami Dade Miami-Dade Community College).

2436

     (g)  Florida-France Institute (New College of the University

2437

of South Florida, Miami Dade Miami-Dade Community College, and

2438

Florida State University).

2439

Reviser's note.--Amended to conform to the correct name of

2440

Miami Dade College.

2441

     Section 58. Subsection (7) of section 288.9015, Florida

2442

Statutes, is repealed.

2443

Reviser's note.--The referenced subsection, which relates to

2444

Enterprise Florida, Inc., working with the Department of

2445

Education and Workforce Florida, Inc., in designating

2446

districts to participate in the CHOICE project under

2447

repealed s. 1003.494, has served its purpose.

2448

     Section 59.  Subsection (6) of section 288.90151, Florida

2449

Statutes, is amended to read:

2450

     288.90151  Return on investment from activities of

2451

Enterprise Florida, Inc.--

2452

     (6)  Enterprise Florida, Inc., shall fully comply with the

2453

performance measures, standards, and sanctions in its contracts

2454

with the Office of Tourism, Trade, and Economic Development under

2455

s. 14.2015(2)(h) and (7) 14.2015(2)(i) and (7). The Office of

2456

Tourism, Trade, and Economic Development shall ensure, to the

2457

maximum extent possible, that the contract performance measures

2458

are consistent with performance measures that the office is

2459

required to develop and track under performance-based program

2460

budgeting.

2461

Reviser's note.--Amended to confirm the editorial

2462

substitution of a reference to s. 14.2015(2)(h) and (7) for

2463

a reference to s. 14.2015(2)(i) and (7). Material concerning

2464

contracts between Enterprise Florida, Inc., and the Office

2465

of Tourism, Trade, and Economic Development is covered in s.

2466

14.2015(2)(h) and (7).

2467

     Section 60.  Subsection (8) of section 288.9551, Florida

2468

Statutes, is amended to read:

2469

     288.9551  Exemptions from public records and meetings

2470

requirements; Scripps Florida Funding Corporation, The Scripps

2471

Research Institute or grantee, and the Office of Tourism, Trade,

2472

and Economic Development.--

2473

     (8)  This section is subject to the Open Government Sunset

2474

Review Act of 1995 in accordance with s. 119.15 and shall stand

2475

repealed on October 2, 2009, unless reviewed and saved from

2476

repeal through reenactment by the Legislature.

2477

Reviser's note.--Amended to conform to the renaming of the

2478

"Open Government Sunset Review Act of 1995" as the "Open

2479

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

2480

of Florida.

2481

     Section 61.  Subsection (5) and paragraph (d) of subsection

2482

(12) of section 288.975, Florida Statutes, are amended to read:

2483

     288.975  Military base reuse plans.--

2484

     (5)  At the discretion of the host local government, the

2485

provisions of this act may be complied with through the adoption

2486

of the military base reuse plan as a separate component of the

2487

local government comprehensive plan or through simultaneous

2488

amendments to all pertinent portions of the local government

2489

comprehensive plan. Once adopted and approved in accordance with

2490

this section, the military base reuse plan shall be considered to

2491

be part of the host local government's comprehensive plan and

2492

shall be thereafter implemented, amended, and reviewed in

2493

accordance with the provisions of part II of chapter 163. Local

2494

government comprehensive plan amendments necessary to initially

2495

adopt the military base reuse plan shall be exempt from the

2496

limitation on the frequency of plan amendments contained in s.

2497

163.3187(1) 163.3187(2).

2498

     (12)  Following receipt of a petition, the petitioning party

2499

or parties and the host local government shall seek resolution of

2500

the issues in dispute. The issues in dispute shall be resolved as

2501

follows:

2502

     (d)  Within 45 days after receiving the report from the

2503

state land planning agency, the Administration Commission shall

2504

take action to resolve the issues in dispute. In deciding upon a

2505

proper resolution, the Administration Commission shall consider

2506

the nature of the issues in dispute, any requests for a formal

2507

administrative hearing pursuant to chapter 120, the compliance of

2508

the parties with this section, the extent of the conflict between

2509

the parties, the comparative hardships and the public interest

2510

involved. If the Administration Commission incorporates in its

2511

final order a term or condition that requires any local

2512

government to amend its local government comprehensive plan, the

2513

local government shall amend its plan within 60 days after the

2514

issuance of the order. Such amendment or amendments shall be

2515

exempt from the limitation of the frequency of plan amendments

2516

contained in s. 163.3187(1) 163.3187(2), and a public hearing on

2517

such amendment or amendments pursuant to s. 163.3184(15)(b)1.

2518

shall not be required. The final order of the Administration

2519

Commission is subject to appeal pursuant to s. 120.68. If the

2520

order of the Administration Commission is appealed, the time for

2521

the local government to amend its plan shall be tolled during the

2522

pendency of any local, state, or federal administrative or

2523

judicial proceeding relating to the military base reuse plan.

2524

Reviser's note.--Amended to substitute a reference to s.

2525

163.3187(1), which relates to frequency of plan amendments,

2526

for a reference to s. 163.3187(2), which relates to

2527

amendments to preserve the internal consistency of the plan.

2528

     Section 62.  Subsection (69) of section 316.003, Florida

2529

Statutes, is amended to read:

2530

     316.003  Definitions.--The following words and phrases, when

2531

used in this chapter, shall have the meanings respectively

2532

ascribed to them in this section, except where the context

2533

otherwise requires:

2534

     (69)  HAZARDOUS MATERIAL.--Any substance or material which

2535

has been determined by the secretary of the United States

2536

Department of Transportation to be capable of imposing an

2537

unreasonable risk to health, safety, and property. This term

2538

includes hazardous waste as defined in s. 403.703(13)

2539

403.703(21).

2540

Reviser's note.--Amended to conform to the relocation of the

2541

referenced definition by the substantial rewording of s.

2542

403.703 by s. 6, ch. 2007-184, Laws of Florida.

2543

     Section 63.  Paragraph (a) of subsection (8) of section

2544

320.0805, Florida Statutes, is amended to read:

2545

     320.0805  Personalized prestige license plates.--

2546

     (8)(a)  Personalized prestige license plates shall consist

2547

of three four types of plates as follows:

2548

     1.  A plate imprinted with numerals only. Such plates shall

2549

consist of numerals from 1 to 999, inclusive.

2550

     2.  A plate imprinted with capital letters only. Such plates

2551

shall consist of capital letters "A" through "Z" and shall be

2552

limited to a total of seven of the same or different capital

2553

letters. A hyphen may be added in addition to the seven letters.

2554

     3.  A plate imprinted with both capital letters and

2555

numerals. Such plates shall consist of no more than a total of

2556

seven characters, including both numerals and capital letters, in

2557

any combination, except that a hyphen may be added in addition to

2558

the seven characters if desired or needed. However, on those

2559

plates issued to, and bearing the names of, organizations, the

2560

letters and numerals shall be of such size, if necessary, as to

2561

accommodate a maximum of 18 digits for automobiles, trucks, and

2562

recreational vehicles and 7 digits for motorcycles. Plates

2563

consisting of the four capital letters "PRES" preceded or

2564

followed by a hyphen and numerals of 1 to 999 shall be reserved

2565

for issuance only to applicants who qualify as members of the

2566

press and who are associated with, or are employees of, the

2567

reporting media.

2568

Reviser's note.--Amended to conform to the deletion of

2569

subparagraph (8)(a)4. by s. 20, ch. 96-413, Laws of Florida.

2570

     Section 64.  Paragraph (a) of subsection (9) of section

2571

322.34, Florida Statutes, is amended to read:

2572

     322.34  Driving while license suspended, revoked, canceled,

2573

or disqualified.--

2574

     (9)(a)  A motor vehicle that is driven by a person under the

2575

influence of alcohol or drugs in violation of s. 316.193 is

2576

subject to seizure and forfeiture under ss. 932.701-932.706

2577

932.701-932.707 and is subject to liens for recovering, towing,

2578

or storing vehicles under s. 713.78 if, at the time of the

2579

offense, the person's driver's license is suspended, revoked, or

2580

canceled as a result of a prior conviction for driving under the

2581

influence.

2582

Reviser's note.--Amended to conform to the repeal of s.

2583

932.707 by s. 21, ch. 2006-176, Laws of Florida.

2584

     Section 65.  Paragraph (a) of subsection (4) of section

2585

323.001, Florida Statutes, is amended to read:

2586

     323.001  Wrecker operator storage facilities; vehicle

2587

holds.--

2588

     (4)  The requirements for a written hold apply when the

2589

following conditions are present:

2590

     (a)  The officer has probable cause to believe the vehicle

2591

should be seized and forfeited under the Florida Contraband

2592

Forfeiture Act, ss. 932.701-932.706 932.701-932.707;

2593

Reviser's note.--Amended to conform to the repeal of s.

2594

932.707 by s. 21, ch. 2006-176, Laws of Florida.

2595

     Section 66.  Paragraph (b) of subsection (3) of section

2596

328.07, Florida Statutes, is amended to read:

2597

     328.07  Hull identification number required.--

2598

     (3)

2599

     (b)  If any of the hull identification numbers required by

2600

the United States Coast Guard for a vessel manufactured after

2601

October 31, 1972, do not exist or have been altered, removed,

2602

destroyed, covered, or defaced or the real identity of the vessel

2603

cannot be determined, the vessel may be seized as contraband

2604

property by a law enforcement agency or the division, and shall

2605

be subject to forfeiture pursuant to ss. 932.701-932.706 932.701-

2606

932.707. Such vessel may not be sold or operated on the waters of

2607

the state unless the division receives a request from a law

2608

enforcement agency providing adequate documentation or is

2609

directed by written order of a court of competent jurisdiction to

2610

issue to the vessel a replacement hull identification number

2611

which shall thereafter be used for identification purposes. No

2612

vessel shall be forfeited under the Florida Contraband Forfeiture

2613

Act when the owner unknowingly, inadvertently, or neglectfully

2614

altered, removed, destroyed, covered, or defaced the vessel hull

2615

identification number.

2616

Reviser's note.--Amended to conform to the repeal of s.

2617

932.707 by s. 21, ch. 2006-176, Laws of Florida.

2618

     Section 67.  Subsection (4) of section 337.0261, Florida

2619

Statutes, is amended to read:

2620

     337.0261  Construction aggregate materials.--

2621

     (4)  EXPEDITED PERMITTING.--Due to the state's critical

2622

infrastructure needs and the potential shortfall in available

2623

construction aggregate materials, limerock environmental resource

2624

permitting and reclamation applications filed after March 1,

2625

2007, are eligible for the expedited permitting processes

2626

contained in s. 403.973. Challenges to state agency action in the

2627

expedited permitting process for establishment of a limerock mine

2628

in this state under s. 403.973 are subject to the same

2629

requirements as challenges brought under s. 403.973(14)(a)

2630

403.973(15)(a), except that, notwithstanding s. 120.574, summary

2631

proceedings must be conducted within 30 days after a party files

2632

the motion for summary hearing, regardless of whether the parties

2633

agree to the summary proceeding.

2634

Reviser's note.--Amended to conform to the repeal of s.

2635

403.973(4) by s. 23, ch. 2007-105, Laws of Florida.

2636

     Section 68.  Section 338.165, Florida Statutes, is reenacted

2637

to read:

2638

     338.165  Continuation of tolls.--

2639

     (1)  The department, any transportation or expressway

2640

authority or, in the absence of an authority, a county or

2641

counties may continue to collect the toll on a revenue-producing

2642

project after the discharge of any bond indebtedness related to

2643

such project and may increase such toll. All tolls so collected

2644

shall first be used to pay the annual cost of the operation,

2645

maintenance, and improvement of the toll project.

2646

     (2)  If the revenue-producing project is on the State

2647

Highway System, any remaining toll revenue shall be used for the

2648

construction, maintenance, or improvement of any road on the

2649

State Highway System within the county or counties in which the

2650

revenue-producing project is located, except as provided in s.

2651

348.0004.

2652

     (3)  Notwithstanding any other provision of law, the

2653

department, including the turnpike enterprise, shall index toll

2654

rates on existing toll facilities to the annual Consumer Price

2655

Index or similar inflation indicators. Toll rate adjustments for

2656

inflation under this subsection may be made no more frequently

2657

than once a year and must be made no less frequently than once

2658

every 5 years as necessary to accommodate cash toll rate

2659

schedules. Toll rates may be increased beyond these limits as

2660

directed by bond documents, covenants, or governing body

2661

authorization or pursuant to department administrative rule.

2662

     (4)  Notwithstanding any other law to the contrary, pursuant

2663

to s. 11, Art. VII of the State Constitution, and subject to the

2664

requirements of subsection (2), the Department of Transportation

2665

may request the Division of Bond Finance to issue bonds secured

2666

by toll revenues collected on the Alligator Alley, the Sunshine

2667

Skyway Bridge, the Beeline-East Expressway, the Navarre Bridge,

2668

and the Pinellas Bayway to fund transportation projects located

2669

within the county or counties in which the project is located and

2670

contained in the adopted work program of the department.

2671

     (5)  If the revenue-producing project is on the county road

2672

system, any remaining toll revenue shall be used for the

2673

construction, maintenance, or improvement of any other state or

2674

county road within the county or counties in which the revenue-

2675

producing project is located, except as provided in s. 348.0004.

2676

     (6)  Selection of projects on the State Highway System for

2677

construction, maintenance, or improvement with toll revenues

2678

shall be, with the concurrence of the department, consistent with

2679

the Florida Transportation Plan.

2680

     (7)  Notwithstanding the provisions of subsection (1), and

2681

not including high occupancy toll lanes or express lanes, no

2682

tolls may be charged for use of an interstate highway where tolls

2683

were not charged as of July 1, 1997.

2684

     (8)  With the exception of subsection (3), this section does

2685

not apply to the turnpike system as defined under the Florida

2686

Turnpike Enterprise Law.

2687

Reviser's note.--Section 51, ch. 2007-196, Laws of Florida,

2688

amended s. 338.165 without publishing existing subsection

2689

(6) and amended existing subsection (7) with coding

2690

indicating the material is newly numbered by that law as

2691

subsection (7) and with uncoded language at the beginning of

2692

the subsection reading "[w]ith the exception of subsection

2693

(3)." To conform to renumbering of subsections by s. 51, ch.

2694

2007-196, and absent affirmative evidence of legislative

2695

intent to repeal existing subsection (6), redesignated as

2696

subsection (7) to conform to the addition of a new

2697

subsection (3) by s. 51, ch. 2007-196, the section is

2698

reenacted.

2699

     Section 69.  Subsection (4) of section 338.231, Florida

2700

Statutes, is amended to read:

2701

     338.231  Turnpike tolls, fixing; pledge of tolls and other

2702

revenues.--The department shall at all times fix, adjust, charge,

2703

and collect such tolls for the use of the turnpike system as are

2704

required in order to provide a fund sufficient with other

2705

revenues of the turnpike system to pay the cost of maintaining,

2706

improving, repairing, and operating such turnpike system; to pay

2707

the principal of and interest on all bonds issued to finance or

2708

refinance any portion of the turnpike system as the same become

2709

due and payable; and to create reserves for all such purposes.

2710

     (4)  For the period July 1, 1998, through June 30, 2017, the

2711

department shall, to the maximum extent feasible, program

2712

sufficient funds in the tentative work program such that the

2713

percentage of turnpike toll and bond financed commitments in

2714

Miami-Dade Dade County, Broward County, and Palm Beach County as

2715

compared to total turnpike toll and bond financed commitments

2716

shall be at least 90 percent of the share of net toll collections

2717

attributable to users of the turnpike system in Miami-Dade Dade

2718

County, Broward County, and Palm Beach County as compared to

2719

total net toll collections attributable to users of the turnpike

2720

system. The requirements of this subsection do not apply when the

2721

application of such requirements would violate any covenant

2722

established in a resolution or trust indenture relating to the

2723

issuance of turnpike bonds.

2724

Reviser's note.--Amended to conform to the redesignation of

2725

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

2726

Dade County Code.

2727

     Section 70.  Paragraph (a) of subsection (3) of section

2728

339.175, Florida Statutes, is amended to read:

2729

     339.175  Metropolitan planning organization.--

2730

     (3)  VOTING MEMBERSHIP.--

2731

     (a)  The voting membership of an M.P.O. shall consist of not

2732

fewer than 5 or more than 19 apportioned members, the exact

2733

number to be determined on an equitable geographic-population

2734

ratio basis by the Governor, based on an agreement among the

2735

affected units of general-purpose local government as required by

2736

federal rules and regulations. The Governor, in accordance with

2737

23 U.S.C. s. 134, may also provide for M.P.O. members who

2738

represent municipalities to alternate with representatives from

2739

other municipalities within the metropolitan planning area that

2740

do not have members on the M.P.O. County commission members shall

2741

compose not less than one-third of the M.P.O. membership, except

2742

for an M.P.O. with more than 15 members located in a county with

2743

a 5-member county commission or an M.P.O. with 19 members located

2744

in a county with no more than 6 county commissioners, in which

2745

case county commission members may compose less than one-third

2746

percent of the M.P.O. membership, but all county commissioners

2747

must be members. All voting members shall be elected officials of

2748

general-purpose local governments, except that an M.P.O. may

2749

include, as part of its apportioned voting members, a member of a

2750

statutorily authorized planning board, an official of an agency

2751

that operates or administers a major mode of transportation, or

2752

an official of Space Florida the Florida Space Authority. As used

2753

in this section, the term "elected officials of a general-purpose

2754

local government" shall exclude constitutional officers,

2755

including sheriffs, tax collectors, supervisors of elections,

2756

property appraisers, clerks of the court, and similar types of

2757

officials. County commissioners shall compose not less than 20

2758

percent of the M.P.O. membership if an official of an agency that

2759

operates or administers a major mode of transportation has been

2760

appointed to an M.P.O.

2761

Reviser's note.--Amended to conform to the amendment to s.

2762

331.302 by s. 3, ch. 2006-60, Laws of Florida, which

2763

replaced the Florida Space Authority with Space Florida.

2764

     Section 71.  Paragraph (a) of subsection (11) of section

2765

343.92, Florida Statutes, is amended to read:

2766

     343.92  Tampa Bay Area Regional Transportation Authority.--

2767

     (11)(a)  The authority shall establish a Transit Management

2768

Committee comprised of the executive directors or general

2769

managers, or their designees, of each of the existing transit

2770

providers and Tampa bay area commuter services.

2771

Reviser's note.--Amended to confirm the editorial deletion

2772

of the word "Tampa" preceding the word "bay" to conform to

2773

context.

2774

     Section 72. Paragraph (l) of subsection (2) of section

2775

348.243, Florida Statutes, is repealed.

2776

Reviser's note.--The cited paragraph, which relates to an

2777

agreement to sell, transfer, and dispose of all property of

2778

the Sawgrass Expressway to the Department of Transportation

2779

as part of the Turnpike System, has served its purpose.

2780

     Section 73.  Subsection (14) of section 364.02, Florida

2781

Statutes, is amended to read:

2782

     364.02  Definitions.--As used in this chapter:

2783

     (14)  "Telecommunications company" includes every

2784

corporation, partnership, and person and their lessees, trustees,

2785

or receivers appointed by any court whatsoever, and every

2786

political subdivision in the state, offering two-way

2787

telecommunications service to the public for hire within this

2788

state by the use of a telecommunications facility. The term

2789

"telecommunications company" does not include:

2790

     (a)  An entity which provides a telecommunications facility

2791

exclusively to a certificated telecommunications company;

2792

     (b)  An entity which provides a telecommunications facility

2793

exclusively to a company which is excluded from the definition of

2794

a telecommunications company under this subsection;

2795

     (c)  A commercial mobile radio service provider;

2796

     (d)  A facsimile transmission service;

2797

     (e)  A private computer data network company not offering

2798

service to the public for hire;

2799

     (f)  A cable television company providing cable service as

2800

defined in 47 U.S.C. s. 522; or

2801

     (g)  An intrastate interexchange telecommunications company.

2802

2803

However, each commercial mobile radio service provider and each

2804

intrastate interexchange telecommunications company shall

2805

continue to be liable for any taxes imposed under chapters 202,

2806

203, and 212 and any fees assessed under s. 364.025. Each

2807

intrastate interexchange telecommunications company shall

2808

continue to be subject to ss. 364.04, 364.10(3)(a) and (d),

2809

364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall

2810

provide the commission with the current information as the

2811

commission deems necessary to contact and communicate with the

2812

company, shall continue to pay intrastate switched network access

2813

rates or other intercarrier compensation to the local exchange

2814

telecommunications company or the competitive local exchange

2815

telecommunications company for the origination and termination of

2816

interexchange telecommunications service, and shall reduce its

2817

intrastate long distance toll rates in accordance with former s.

2818

364.163(2).

2819

Reviser's note.--Amended to conform to the repeal of s.

2820

364.163(2) by s. 12, ch. 2007-29, Laws of Florida.

2821

     Section 74.  Subsection (3) of section 367.171, Florida

2822

Statutes, is amended to read:

2823

     367.171  Effectiveness of this chapter.--

2824

     (3)  In consideration of the variance of powers, duties,

2825

responsibilities, population, and size of municipalities of the

2826

several counties and in consideration of the fact that every

2827

county varies from every other county and thereby affects the

2828

functions, duties, and responsibilities required of its county

2829

officers and the scope of responsibilities which each county may,

2830

at this time, undertake, the Counties of Alachua, Baker,

2831

Bradford, Calhoun, Charlotte, Collier, Dade, Dixie, Escambia,

2832

Flagler, Gadsden, Gilchrist, Glades, Hamilton, Hardee, Hendry,

2833

Hernando, Hillsborough, Holmes, Indian River, Jefferson,

2834

Lafayette, Leon, Liberty, Madison, Manatee, Miami-Dade, Okaloosa,

2835

Okeechobee, Polk, St. Lucie, Santa Rosa, Sarasota, Suwannee,

2836

Taylor, Union, Wakulla, and Walton are excluded from the

2837

provisions of this chapter until such time as the board of county

2838

commissioners of any such county, acting pursuant to the

2839

provisions of subsection (1), makes this chapter applicable to

2840

such county or until the Legislature, by appropriate act, removes

2841

one or more of such counties from this exclusion.

2842

Reviser's note.--Amended to conform to the redesignation of

2843

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

2844

Dade County Code.

2845

     Section 75.  Subsection (2) of section 369.255, Florida

2846

Statutes, is amended to read:

2847

     369.255  Green utility ordinances for funding greenspace

2848

management and exotic plant control.--

2849

     (2)  In addition to any other funding mechanisms legally

2850

available to counties and municipalities to control invasive,

2851

nonindigenous aquatic or upland plants and manage urban forest

2852

resources, a county or municipality may create one or more green

2853

utilities or adopt fees sufficient to plan, restore, and manage

2854

urban forest resources, greenways, forest preserves, wetlands,

2855

and other aquatic zones and create a stewardship grant program

2856

for private natural areas. Counties or municipalities may create,

2857

alone or in cooperation with other counties or municipalities

2858

pursuant to the Florida Interlocal Cooperation Act of 1969, s.

2859

163.01, one or more greenspace management districts to fund the

2860

planning, management, operation, and administration of a

2861

greenspace management program. The fees shall be collected on a

2862

voluntary basis as set forth by the county or municipality and

2863

calculated to generate sufficient funds to plan, manage, operate,

2864

and administer a greenspace management program. Private natural

2865

areas assessed according to s. 193.501 would qualify for

2866

stewardship grants.

2867

Reviser's note.--Amended to conform to the name of the

2868

Florida Interlocal Cooperation Act of 1969 as referenced in

2869

s. 163.01.

2870

     Section 76.  Paragraph (a) of subsection (4) of section

2871

370.142, Florida Statutes, is amended to read:

2872

     370.142  Spiny lobster trap certificate program.--

2873

     (4)  TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS

2874

BOARD.--There is hereby established the Trap Certificate

2875

Technical Advisory and Appeals Board. Such board shall consider

2876

and advise the commission on disputes and other problems arising

2877

from the implementation of the spiny lobster trap certificate

2878

program. The board may also provide information to the commission

2879

on the operation of the trap certificate program.

2880

     (a)  The board shall consist of the executive director of

2881

the commission or designee and nine other members appointed by

2882

the executive director, according to the following criteria:

2883

     1.  All appointed members shall be certificateholders, but

2884

two shall be holders of fewer than 100 certificates, two shall be

2885

holders of at least 100 but no more than 750 certificates, three

2886

shall be holders of more than 750 but not more than 2,000

2887

certificates, and two shall be holders of more than 2,000

2888

certificates.

2889

     2. At least one member each shall come from Broward, Miami-

2890

Dade Dade, and Palm Beach Counties; and five members shall come

2891

from the various regions of the Florida Keys.

2892

     3.  At least one appointed member shall be a person of

2893

Hispanic origin capable of speaking English and Spanish.

2894

Reviser's note.--Amended to conform to the redesignation of

2895

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

2896

Dade County Code.

2897

     Section 77.  Paragraph (a) of subsection (2) of section

2898

370.172, Florida Statutes, is amended to read:

2899

     370.172  Spearfishing; definition; limitations; penalty.--

2900

     (2)(a)  Spearfishing is prohibited within the boundaries of

2901

the John Pennekamp Coral Reef State Park, the waters of Collier

2902

County, and the area in Monroe County known as Upper Keys, which

2903

includes all salt waters under the jurisdiction of the Fish and

2904

Wildlife Conservation Commission beginning at the county line

2905

between Miami-Dade Dade and Monroe Counties and running south,

2906

including all of the keys down to and including Long Key.

2907

Reviser's note.--Amended to conform to the redesignation of

2908

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

2909

Dade County Code.

2910

     Section 78.  Section 372.09, Florida Statutes, is amended to

2911

read:

2912

     372.09  State Game Trust Fund.--The funds resulting from the

2913

operation of the commission and from the administration of the

2914

laws and regulations pertaining to birds, game, fur-bearing

2915

animals, freshwater fish, reptiles, and amphibians, together with

2916

any other funds specifically provided for such purposes shall

2917

constitute the State Game Trust Fund and shall be used by the

2918

commission as it shall deem fit in carrying out the provisions

2919

hereof and for no other purposes, except that annual use fees

2920

deposited into the trust fund from the sale of the Largemouth

2921

Bass license plate may be expended for the purposes provided

2922

under s. 320.08058(17) 320.08058(18). The commission may not

2923

obligate itself beyond the current resources of the State Game

2924

Trust Fund unless specifically so authorized by the Legislature.

2925

Reviser's note.--Amended to conform to the repeal of s.

2926

320.08058(15) by s. 2, ch. 2007-103, Laws of Florida, and

2927

the subsequent redesignation of subsections.

2928

     Section 79.  Paragraph (b) of subsection (8) of section

2929

373.026, Florida Statutes, is amended to read:

2930

     373.026  General powers and duties of the department.--The

2931

department, or its successor agency, shall be responsible for the

2932

administration of this chapter at the state level. However, it is

2933

the policy of the state that, to the greatest extent possible,

2934

the department may enter into interagency or interlocal

2935

agreements with any other state agency, any water management

2936

district, or any local government conducting programs related to

2937

or materially affecting the water resources of the state. All

2938

such agreements shall be subject to the provisions of s. 373.046.

2939

In addition to its other powers and duties, the department shall,

2940

to the greatest extent possible:

2941

     (8)

2942

     (b)  To ensure to the greatest extent possible that project

2943

components will go forward as planned, the department shall

2944

collaborate with the South Florida Water Management District in

2945

implementing the comprehensive plan as defined in s.

2946

373.470(2)(b) 373.470(2)(a), the Lake Okeechobee Watershed

2947

Protection Plan as defined in s. 373.4595(2), and the River

2948

Watershed Protection Plans as defined in s. 373.4595(2). Before

2949

any project component is submitted to Congress for authorization

2950

or receives an appropriation of state funds, the department must

2951

approve, or approve with amendments, each project component

2952

within 60 days following formal submittal of the project

2953

component to the department. Prior to the release of state funds

2954

for the implementation of the comprehensive plan, department

2955

approval shall be based upon a determination of the South Florida

2956

Water Management District's compliance with s. 373.1501(5). Once

2957

a project component is approved, the South Florida Water

2958

Management District shall provide to the Joint Legislative

2959

Committee on Everglades Oversight a schedule for implementing the

2960

project component, the estimated total cost of the project

2961

component, any existing federal or nonfederal credits, the

2962

estimated remaining federal and nonfederal share of costs, and an

2963

estimate of the amount of state funds that will be needed to

2964

implement the project component. All requests for an

2965

appropriation of state funds needed to implement the project

2966

component shall be submitted to the department, and such requests

2967

shall be included in the department's annual request to the

2968

Governor. Prior to the release of state funds for the

2969

implementation of the Lake Okeechobee Watershed Protection Plan

2970

or the River Watershed Protection Plans, on an annual basis, the

2971

South Florida Water Management District shall prepare an annual

2972

work plan as part of the consolidated annual report required in

2973

s. 373.036(7). Upon a determination by the secretary of the

2974

annual work plan's consistency with the goals and objectives of

2975

s. 373.4595, the secretary may approve the release of state

2976

funds. Any modifications to the annual work plan shall be

2977

submitted to the secretary for review and approval.

2978

Reviser's note.--Amended to conform to the redesignation of

2979

s. 373.470(2)(a) as s. 373.470(2)(b) by s. 4, ch. 2007-253,

2980

Laws of Florida.

2981

     Section 80.  Paragraph (d) of subsection (2) of section

2982

373.073, Florida Statutes, is amended to read:

2983

     373.073  Governing board.--

2984

     (2)  Membership on governing boards shall be selected from

2985

candidates who have significant experience in one or more of the

2986

following areas, including, but not limited to: agriculture, the

2987

development industry, local government, government-owned or

2988

privately owned water utilities, law, civil engineering,

2989

environmental science, hydrology, accounting, or financial

2990

businesses. Notwithstanding the provisions of any other general

2991

or special law to the contrary, vacancies in the governing boards

2992

of the water management districts shall be filled according to

2993

the following residency requirements, representing areas

2994

designated by the United States Water Resources Council in United

2995

States Geological Survey, River Basin and Hydrological Unit Map

2996

of Florida--1975, Map Series No. 72:

2997

     (d)  South Florida Water Management District:

2998

     1. Two members shall reside in Miami-Dade Dade County.

2999

     2.  One member shall reside in Broward County.

3000

     3.  One member shall reside in Palm Beach County.

3001

     4.  One member shall reside in Collier County, Lee County,

3002

Hendry County, or Charlotte County.

3003

     5.  One member shall reside in Glades County, Okeechobee

3004

County, Highlands County, Polk County, Orange County, or Osceola

3005

County.

3006

     6.  Two members, appointed at large, shall reside in an area

3007

consisting of St. Lucie, Martin, Palm Beach, Broward, Miami-Dade

3008

Dade, and Monroe Counties.

3009

     7.  One member, appointed at large, shall reside in an area

3010

consisting of Collier, Lee, Charlotte, Hendry, Glades, Osceola,

3011

Okeechobee, Polk, Highlands, and Orange Counties.

3012

     8.  No county shall have more than three members on the

3013

governing board.

3014

Reviser's note.--Amended to conform to the redesignation of

3015

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

3016

Dade County Code.

3017

     Section 81.  Paragraph (a) of subsection (1) of section

3018

373.1501, Florida Statutes, is amended to read:

3019

     373.1501  South Florida Water Management District as local

3020

sponsor.--

3021

     (1)  As used in this section and s. 373.026(8), the term:

3022

     (a)  "C-111 Project" means the project identified in the

3023

Central and Southern Florida Flood Control Project, Real Estate

3024

Design Memorandum, Canal 111, South Miami-Dade Dade County,

3025

Florida.

3026

Reviser's note.--Amended to conform to the redesignation of

3027

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

3028

Dade County Code.

3029

     Section 82.  Paragraph (a) of subsection (2) of section

3030

373.1502, Florida Statutes, is amended to read:

3031

     373.1502  Regulation of comprehensive plan project

3032

components.--

3033

     (2)  FINDINGS; INTENT.--

3034

     (a)  The Legislature finds that implementation of the

3035

comprehensive plan, as defined in s. 373.470(2)(b) 373.470(2)(a),

3036

is in the public interest and is necessary for restoring,

3037

preserving, and protecting the South Florida ecosystem, providing

3038

for the protection of water quality in and the reduction of the

3039

loss of fresh water from the Everglades, and providing such

3040

features as are necessary to meet the other water-related needs

3041

of the region, including flood control, the enhancement of water

3042

supplies, and other objectives served by the project.

3043

Reviser's note.--Amended to conform to the redesignation of

3044

s. 373.470(2)(a) as s. 373.470(2)(b) by s. 4, ch. 2007-253,

3045

Laws of Florida.

3046

     Section 83.  Paragraph (b) of subsection (3) of section

3047

373.1961, Florida Statutes, is amended to read:

3048

     373.1961  Water production; general powers and duties;

3049

identification of needs; funding criteria; economic incentives;

3050

reuse funding.--

3051

     (3)  FUNDING.--

3052

     (b)  Beginning in fiscal year 2005-2006, the state shall

3053

annually provide a portion of those revenues deposited into the

3054

Water Protection and Sustainability Program Trust Fund for the

3055

purpose of providing funding assistance for the development of

3056

alternative water supplies pursuant to the Water Protection and

3057

Sustainability Program. At the beginning of each fiscal year,

3058

beginning with fiscal year 2005-2006, such revenues shall be

3059

distributed by the department into the alternative water supply

3060

trust fund accounts created by each district for the purpose of

3061

alternative water supply development under the following funding

3062

formula:

3063

     1.  Thirty percent to the South Florida Water Management

3064

District;

3065

     2.  Twenty-five percent to the Southwest Florida Water

3066

Management District;

3067

     3.  Twenty-five percent to the St. Johns River Water

3068

Management District;

3069

     4.  Ten percent to the Suwannee River Water Management

3070

District; and

3071

     5.  Ten percent to the Northwest Florida Water Management

3072

District.

3073

Reviser's note.--Amended to conform to the name of the trust

3074

fund at s. 403.891, which creates the fund.

3075

     Section 84.  Subsection (16) of section 373.414, Florida

3076

Statutes, is amended to read:

3077

     373.414  Additional criteria for activities in surface

3078

waters and wetlands.--

3079

     (16)  Until October 1, 2000, regulation under rules adopted

3080

pursuant to this part of any sand, limerock, or limestone mining

3081

activity which is located in Township 52 South, Range 39 East,

3082

sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27,

3083

34, 35, and 36; in Township 52 South, Range 40 East, sections 6,

3084

7, 8, 18, and 19; in Township 53 South, Range 39 East, sections

3085

1, 2, 13, 21, 22, 23, 24, 25, 26, 33, 34, 35, and 36; and in

3086

Township 54 South, Range 38 East, sections 24, and 25, and 36,

3087

shall not include the rules adopted pursuant to subsection (9).

3088

In addition, until October 1, 2000, such activities shall

3089

continue to be regulated under the rules adopted pursuant to ss.

3090

403.91-403.929, 1984 Supplement to the Florida Statutes 1983, as

3091

amended, as such rules existed prior to the effective date of the

3092

rules adopted pursuant to subsection (9) and such dredge and fill

3093

jurisdiction shall be that which existed prior to January 24,

3094

1984. In addition, any such sand, limerock, or limestone mining

3095

activity shall be approved by Miami-Dade Dade County and the

3096

United States Army Corps of Engineers. This section shall only

3097

apply to mining activities which are continuous and carried out

3098

on land contiguous to mining operations that were in existence on

3099

or before October 1, 1984.

3100

Reviser's note.--Amended to conform to the redesignation of

3101

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

3102

Dade County Code.

3103

     Section 85.  Subsections (16) and (19) of section 373.4211,

3104

Florida Statutes, are amended to read:

3105

     373.4211  Ratification of chapter 17-340, Florida

3106

Administrative Code, on the delineation of the landward extent of

3107

wetlands and surface waters.--Pursuant to s. 373.421, the

3108

Legislature ratifies chapter 17-340, Florida Administrative Code,

3109

approved on January 13, 1994, by the Environmental Regulation

3110

Commission, with the following changes:

3111

     (16)  Rule 17-340.450(2) is amended by adding, after the

3112

species list, the following language:

3113

     "Within Monroe County and the Key Largo portion of Miami-

3114

Dade Dade County only, the following species shall be listed as

3115

Facultative Wet: Alternanthera maritima, Morinda royoc, and

3116

Strumpfia maritima."

3117

     (19)  Rule 17-340.450(3) is amended by adding, after the

3118

species list, the following language:

3119

     "Within Monroe County and the Key Largo portion of Miami-

3120

Dade Dade County only, the following species shall be listed as

3121

facultative: Alternanthera paronychioides, Byrsonima lucida,

3122

Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,

3123

Pisonis rotundata, Pithecellobium keyensis, Pithecellobium

3124

unquis-cati, Randia aculeata, Reynosia septentrionalis, and

3125

Thrinax radiata."

3126

Reviser's note.--Amended to conform to the redesignation of

3127

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

3128

Dade County Code.

3129

     Section 86.  Paragraph (f) of subsection (1) and paragraph

3130

(b) of subsection (4) of section 373.4592, Florida Statutes, are

3131

amended to read:

3132

     373.4592  Everglades improvement and management.--

3133

     (1)  FINDINGS AND INTENT.--

3134

     (f)  The Legislature finds that improved water supply and

3135

hydroperiod management are crucial elements to overall

3136

revitalization of the Everglades ecosystem, including Florida

3137

Bay. It is the intent of the Legislature to expedite plans and

3138

programs for improving water quantity reaching the Everglades,

3139

correcting long-standing hydroperiod problems, increasing the

3140

total quantity of water flowing through the system, providing

3141

water supply for the Everglades National Park, urban and

3142

agricultural areas, and Florida Bay, and replacing water

3143

previously available from the coastal ridge in areas of southern

3144

Miami-Dade Dade County. Whenever possible, wasteful discharges of

3145

fresh water to tide shall be reduced, and the water shall be

3146

stored for delivery at more optimum times. Additionally, reuse

3147

and conservation measures shall be implemented consistent with

3148

law. The Legislature further recognizes that additional water

3149

storage may be an appropriate use of Lake Okeechobee.

3150

     (4)  EVERGLADES PROGRAM.--

3151

     (b)  Everglades water supply and hydroperiod improvement and

3152

restoration.--

3153

     1.  A comprehensive program to revitalize the Everglades

3154

shall include programs and projects to improve the water quantity

3155

reaching the Everglades Protection Area at optimum times and

3156

improve hydroperiod deficiencies in the Everglades ecosystem. To

3157

the greatest extent possible, wasteful discharges of fresh water

3158

to tide shall be reduced, and water conservation practices and

3159

reuse measures shall be implemented by water users, consistent

3160

with law. Water supply management must include improvement of

3161

water quantity reaching the Everglades, correction of long-

3162

standing hydroperiod problems, and an increase in the total

3163

quantity of water flowing through the system. Water supply

3164

management must provide water supply for the Everglades National

3165

Park, the urban and agricultural areas, and the Florida Bay and

3166

must replace water previously available from the coastal ridge

3167

areas of southern Miami-Dade Dade County. The Everglades

3168

Construction Project redirects some water currently lost to tide.

3169

It is an important first step in completing hydroperiod

3170

improvement.

3171

     2.  The district shall operate the Everglades Construction

3172

Project as specified in the February 15, 1994, conceptual design

3173

document, to provide additional inflows to the Everglades

3174

Protection Area. The increased flow from the project shall be

3175

directed to the Everglades Protection Area as needed to achieve

3176

an average annual increase of 28 percent compared to the baseline

3177

years of 1979 to 1988. Consistent with the design of the

3178

Everglades Construction Project and without demonstratively

3179

reducing water quality benefits, the regulatory releases will be

3180

timed and distributed to the Everglades Protection Area to

3181

maximize environmental benefits.

3182

     3.  The district shall operate the Everglades Construction

3183

Project in accordance with the February 15, 1994, conceptual

3184

design document to maximize the water quantity benefits and

3185

improve the hydroperiod of the Everglades Protection Area. All

3186

reductions of flow to the Everglades Protection Area from BMP

3187

implementation will be replaced. The district shall develop a

3188

model to be used for quantifying the amount of water to be

3189

replaced. The timing and distribution of this replaced water will

3190

be directed to the Everglades Protection Area to maximize the

3191

natural balance of the Everglades Protection Area.

3192

     4.  The Legislature recognizes the complexity of the

3193

Everglades watershed, as well as legal mandates under Florida and

3194

federal law. As local sponsor of the Central and Southern Florida

3195

Flood Control Project, the district must coordinate its water

3196

supply and hydroperiod programs with the Federal Government.

3197

Federal planning, research, operating guidelines, and

3198

restrictions for the Central and Southern Florida Flood Control

3199

Project now under review by federal agencies will provide

3200

important components of the district's Everglades Program. The

3201

department and district shall use their best efforts to seek the

3202

amendment of the authorized purposes of the project to include

3203

water quality protection, hydroperiod restoration, and

3204

environmental enhancement as authorized purposes of the Central

3205

and Southern Florida Flood Control Project, in addition to the

3206

existing purposes of water supply, flood protection, and allied

3207

purposes. Further, the department and the district shall use

3208

their best efforts to request that the Federal Government include

3209

in the evaluation of the regulation schedule for Lake Okeechobee

3210

a review of the regulatory releases, so as to facilitate releases

3211

of water into the Everglades Protection Area which further

3212

improve hydroperiod restoration.

3213

     5.  The district, through cooperation with the federal and

3214

state agencies, shall develop other programs and methods to

3215

increase the water flow and improve the hydroperiod of the

3216

Everglades Protection Area.

3217

     6.  Nothing in this section is intended to provide an

3218

allocation or reservation of water or to modify the provisions of

3219

part II. All decisions regarding allocations and reservations of

3220

water shall be governed by applicable law.

3221

     7.  The district shall proceed to expeditiously implement

3222

the minimum flows and levels for the Everglades Protection Area

3223

as required by s. 373.042 and shall expeditiously complete the

3224

Lower East Coast Water Supply Plan.

3225

Reviser's note.--Amended to conform to the redesignation of

3226

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

3227

Dade County Code.

3228

     Section 87.  Paragraph (c) of subsection (3) of section

3229

373.4595, Florida Statutes, is amended to read:

3230

     373.4595  Northern Everglades and Estuaries Protection

3231

Program.--

3232

     (3)  LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.--A

3233

protection program for Lake Okeechobee that achieves phosphorus

3234

load reductions for Lake Okeechobee shall be immediately

3235

implemented as specified in this subsection. The program shall

3236

address the reduction of phosphorus loading to the lake from both

3237

internal and external sources. Phosphorus load reductions shall

3238

be achieved through a phased program of implementation. Initial

3239

implementation actions shall be technology-based, based upon a

3240

consideration of both the availability of appropriate technology

3241

and the cost of such technology, and shall include phosphorus

3242

reduction measures at both the source and the regional level. The

3243

initial phase of phosphorus load reductions shall be based upon

3244

the district's Technical Publication 81-2 and the district's WOD

3245

program, with subsequent phases of phosphorus load reductions

3246

based upon the total maximum daily loads established in

3247

accordance with s. 403.067. In the development and administration

3248

of the Lake Okeechobee Watershed Protection Program, the

3249

coordinating agencies shall maximize opportunities provided by

3250

federal cost-sharing programs and opportunities for partnerships

3251

with the private sector.

3252

     (c)  Lake Okeechobee Watershed Phosphorus Control

3253

Program.--The Lake Okeechobee Watershed Phosphorus Control

3254

Program is designed to be a multifaceted approach to reducing

3255

phosphorus loads by improving the management of phosphorus

3256

sources within the Lake Okeechobee watershed through

3257

implementation of regulations and best management practices,

3258

development and implementation of improved best management

3259

practices, improvement and restoration of the hydrologic function

3260

of natural and managed systems, and utilization of alternative

3261

technologies for nutrient reduction. The coordinating agencies

3262

shall facilitate the application of federal programs that offer

3263

opportunities for water quality treatment, including

3264

preservation, restoration, or creation of wetlands on

3265

agricultural lands.

3266

     1.  Agricultural nonpoint source best management practices,

3267

developed in accordance with s. 403.067 and designed to achieve

3268

the objectives of the Lake Okeechobee Watershed Protection

3269

Program, shall be implemented on an expedited basis. The

3270

coordinating agencies shall develop an interagency agreement

3271

pursuant to ss. 373.046 and 373.406(5) that assures the

3272

development of best management practices that complement existing

3273

regulatory programs and specifies how those best management

3274

practices are implemented and verified. The interagency agreement

3275

shall address measures to be taken by the coordinating agencies

3276

during any best management practice reevaluation performed

3277

pursuant to sub-subparagraph d. The department shall use best

3278

professional judgment in making the initial determination of best

3279

management practice effectiveness.

3280

     a.  As provided in s. 403.067(7)(c), the Department of

3281

Agriculture and Consumer Services, in consultation with the

3282

department, the district, and affected parties, shall initiate

3283

rule development for interim measures, best management practices,

3284

conservation plans, nutrient management plans, or other measures

3285

necessary for Lake Okeechobee watershed total maximum daily load

3286

reduction. The rule shall include thresholds for requiring

3287

conservation and nutrient management plans and criteria for the

3288

contents of such plans. Development of agricultural nonpoint

3289

source best management practices shall initially focus on those

3290

priority basins listed in subparagraph (b)1. The Department of

3291

Agriculture and Consumer Services, in consultation with the

3292

department, the district, and affected parties, shall conduct an

3293

ongoing program for improvement of existing and development of

3294

new interim measures or best management practices for the purpose

3295

of adoption of such practices by rule. The Department of

3296

Agriculture and Consumer Services shall work with the University

3297

of Florida's Institute of Food and Agriculture Sciences to review

3298

and, where appropriate, develop revised nutrient application

3299

rates for all agricultural soil amendments in the watershed.

3300

     b.  Where agricultural nonpoint source best management

3301

practices or interim measures have been adopted by rule of the

3302

Department of Agriculture and Consumer Services, the owner or

3303

operator of an agricultural nonpoint source addressed by such

3304

rule shall either implement interim measures or best management

3305

practices or demonstrate compliance with the district's WOD

3306

program by conducting monitoring prescribed by the department or

3307

the district. Owners or operators of agricultural nonpoint

3308

sources who implement interim measures or best management

3309

practices adopted by rule of the Department of Agriculture and

3310

Consumer Services shall be subject to the provisions of s.

3311

403.067(7). The Department of Agriculture and Consumer Services,

3312

in cooperation with the department and the district, shall

3313

provide technical and financial assistance for implementation of

3314

agricultural best management practices, subject to the

3315

availability of funds.

3316

     c.  The district or department shall conduct monitoring at

3317

representative sites to verify the effectiveness of agricultural

3318

nonpoint source best management practices.

3319

     d.  Where water quality problems are detected for

3320

agricultural nonpoint sources despite the appropriate

3321

implementation of adopted best management practices, the

3322

Department of Agriculture and Consumer Services, in consultation

3323

with the other coordinating agencies and affected parties, shall

3324

institute a reevaluation of the best management practices and

3325

make appropriate changes to the rule adopting best management

3326

practices.

3327

     2.  Nonagricultural nonpoint source best management

3328

practices, developed in accordance with s. 403.067 and designed

3329

to achieve the objectives of the Lake Okeechobee Watershed

3330

Protection Program, shall be implemented on an expedited basis.

3331

The department and the district shall develop an interagency

3332

agreement pursuant to ss. 373.046 and 373.406(5) that assures the

3333

development of best management practices that complement existing

3334

regulatory programs and specifies how those best management

3335

practices are implemented and verified. The interagency agreement

3336

shall address measures to be taken by the department and the

3337

district during any best management practice reevaluation

3338

performed pursuant to sub-subparagraph d.

3339

     a.  The department and the district are directed to work

3340

with the University of Florida's Institute of Food and

3341

Agricultural Sciences to develop appropriate nutrient application

3342

rates for all nonagricultural soil amendments in the watershed.

3343

As provided in s. 403.067(7)(c), the department, in consultation

3344

with the district and affected parties, shall develop interim

3345

measures, best management practices, or other measures necessary

3346

for Lake Okeechobee watershed total maximum daily load reduction.

3347

Development of nonagricultural nonpoint source best management

3348

practices shall initially focus on those priority basins listed

3349

in subparagraph (b)1. The department, the district, and affected

3350

parties shall conduct an ongoing program for improvement of

3351

existing and development of new interim measures or best

3352

management practices. The district shall adopt technology-based

3353

standards under the district's WOD program for nonagricultural

3354

nonpoint sources of phosphorus. Nothing in this sub-subparagraph

3355

shall affect the authority of the department or the district to

3356

adopt basin-specific criteria under this part to prevent harm to

3357

the water resources of the district.

3358

     b.  Where nonagricultural nonpoint source best management

3359

practices or interim measures have been developed by the

3360

department and adopted by the district, the owner or operator of

3361

a nonagricultural nonpoint source shall implement interim

3362

measures or best management practices and be subject to the

3363

provisions of s. 403.067(7). The department and district shall

3364

provide technical and financial assistance for implementation of

3365

nonagricultural nonpoint source best management practices,

3366

subject to the availability of funds.

3367

     c.  The district or the department shall conduct monitoring

3368

at representative sites to verify the effectiveness of

3369

nonagricultural nonpoint source best management practices.

3370

     d.  Where water quality problems are detected for

3371

nonagricultural nonpoint sources despite the appropriate

3372

implementation of adopted best management practices, the

3373

department and the district shall institute a reevaluation of the

3374

best management practices.

3375

     3.  The provisions of subparagraphs 1. and 2. shall not

3376

preclude the department or the district from requiring compliance

3377

with water quality standards or with current best management

3378

practices requirements set forth in any applicable regulatory

3379

program authorized by law for the purpose of protecting water

3380

quality. Additionally, subparagraphs 1. and 2. are applicable

3381

only to the extent that they do not conflict with any rules

3382

promulgated by the department that are necessary to maintain a

3383

federally delegated or approved program.

3384

     4.  Projects that reduce the phosphorus load originating

3385

from domestic wastewater systems within the Lake Okeechobee

3386

watershed shall be given funding priority in the department's

3387

revolving loan program under s. 403.1835. The department shall

3388

coordinate and provide assistance to those local governments

3389

seeking financial assistance for such priority projects.

3390

     5.  Projects that make use of private lands, or lands held

3391

in trust for Indian tribes, to reduce nutrient loadings or

3392

concentrations within a basin by one or more of the following

3393

methods: restoring the natural hydrology of the basin, restoring

3394

wildlife habitat or impacted wetlands, reducing peak flows after

3395

storm events, increasing aquifer recharge, or protecting range

3396

and timberland from conversion to development, are eligible for

3397

grants available under this section from the coordinating

3398

agencies. For projects of otherwise equal priority, special

3399

funding priority will be given to those projects that make best

3400

use of the methods outlined above that involve public-private

3401

partnerships or that obtain federal match money. Preference

3402

ranking above the special funding priority will be given to

3403

projects located in a rural area of critical economic concern

3404

designated by the Governor. Grant applications may be submitted

3405

by any person or tribal entity, and eligible projects may

3406

include, but are not limited to, the purchase of conservation and

3407

flowage easements, hydrologic restoration of wetlands, creating

3408

treatment wetlands, development of a management plan for natural

3409

resources, and financial support to implement a management plan.

3410

     6.a.  The department shall require all entities disposing of

3411

domestic wastewater residuals within the Lake Okeechobee

3412

watershed and the remaining areas of Okeechobee, Glades, and

3413

Hendry Counties to develop and submit to the department an

3414

agricultural use plan that limits applications based upon

3415

phosphorus loading. By July 1, 2005, phosphorus concentrations

3416

originating from these application sites shall not exceed the

3417

limits established in the district's WOD program. After December

3418

31, 2007, the department may not authorize the disposal of

3419

domestic wastewater residuals within the Lake Okeechobee

3420

watershed unless the applicant can affirmatively demonstrate that

3421

the phosphorus in the residuals will not add to phosphorus

3422

loadings in Lake Okeechobee or its tributaries. This

3423

demonstration shall be based on achieving a net balance between

3424

phosphorus imports relative to exports on the permitted

3425

application site. Exports shall include only phosphorus removed

3426

from the Lake Okeechobee watershed through products generated on

3427

the permitted application site. This prohibition does not apply

3428

to Class AA residuals that are marketed and distributed as

3429

fertilizer products in accordance with department rule.

3430

     b.  Private and government-owned utilities within Monroe,

3431

Miami-Dade Dade, Broward, Palm Beach, Martin, St. Lucie, Indian

3432

River, Okeechobee, Highlands, Hendry, and Glades Counties that

3433

dispose of wastewater residual sludge from utility operations and

3434

septic removal by land spreading in the Lake Okeechobee watershed

3435

may use a line item on local sewer rates to cover wastewater

3436

residual treatment and disposal if such disposal and treatment is

3437

done by approved alternative treatment methodology at a facility

3438

located within the areas designated by the Governor as rural

3439

areas of critical economic concern pursuant to s. 288.0656. This

3440

additional line item is an environmental protection disposal fee

3441

above the present sewer rate and shall not be considered a part

3442

of the present sewer rate to customers, notwithstanding

3443

provisions to the contrary in chapter 367. The fee shall be

3444

established by the county commission or its designated assignee

3445

in the county in which the alternative method treatment facility

3446

is located. The fee shall be calculated to be no higher than that

3447

necessary to recover the facility's prudent cost of providing the

3448

service. Upon request by an affected county commission, the

3449

Florida Public Service Commission will provide assistance in

3450

establishing the fee. Further, for utilities and utility

3451

authorities that use the additional line item environmental

3452

protection disposal fee, such fee shall not be considered a rate

3453

increase under the rules of the Public Service Commission and

3454

shall be exempt from such rules. Utilities using the provisions

3455

of this section may immediately include in their sewer invoicing

3456

the new environmental protection disposal fee. Proceeds from this

3457

environmental protection disposal fee shall be used for treatment

3458

and disposal of wastewater residuals, including any treatment

3459

technology that helps reduce the volume of residuals that require

3460

final disposal, but such proceeds shall not be used for

3461

transportation or shipment costs for disposal or any costs

3462

relating to the land application of residuals in the Lake

3463

Okeechobee watershed.

3464

     c.  No less frequently than once every 3 years, the Florida

3465

Public Service Commission or the county commission through the

3466

services of an independent auditor shall perform a financial

3467

audit of all facilities receiving compensation from an

3468

environmental protection disposal fee. The Florida Public Service

3469

Commission or the county commission through the services of an

3470

independent auditor shall also perform an audit of the

3471

methodology used in establishing the environmental protection

3472

disposal fee. The Florida Public Service Commission or the county

3473

commission shall, within 120 days after completion of an audit,

3474

file the audit report with the President of the Senate and the

3475

Speaker of the House of Representatives and shall provide copies

3476

to the county commissions of the counties set forth in sub-

3477

subparagraph b. The books and records of any facilities receiving

3478

compensation from an environmental protection disposal fee shall

3479

be open to the Florida Public Service Commission and the Auditor

3480

General for review upon request.

3481

     7.  The Department of Health shall require all entities

3482

disposing of septage within the Lake Okeechobee watershed to

3483

develop and submit to that agency an agricultural use plan that

3484

limits applications based upon phosphorus loading. By July 1,

3485

2005, phosphorus concentrations originating from these

3486

application sites shall not exceed the limits established in the

3487

district's WOD program.

3488

     8.  The Department of Agriculture and Consumer Services

3489

shall initiate rulemaking requiring entities within the Lake

3490

Okeechobee watershed which land-apply animal manure to develop

3491

resource management system level conservation plans, according to

3492

United States Department of Agriculture criteria, which limit

3493

such application. Such rules may include criteria and thresholds

3494

for the requirement to develop a conservation or nutrient

3495

management plan, requirements for plan approval, and

3496

recordkeeping requirements.

3497

     9.  The district, the department, or the Department of

3498

Agriculture and Consumer Services, as appropriate, shall

3499

implement those alternative nutrient reduction technologies

3500

determined to be feasible pursuant to subparagraph (d)6.

3501

Reviser's note.--Amended to conform to the redesignation of

3502

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

3503

Dade County Code.

3504

     Section 88.  Paragraph (e) of subsection (2) of section

3505

373.470, Florida Statutes, is amended to read:

3506

     373.470  Everglades restoration.--

3507

     (2)  DEFINITIONS.--As used in this section, the term:

3508

     (e)  "Lake Okeechobee Watershed Protection Plan" means the

3509

plan developed pursuant to ss. 373.4595(3)(a) 375.4595 and

3510

373.451-373.459.

3511

Reviser's note.--Amended to conform to the fact that s.

3512

375.4595 does not exist. Section 373.4595(3)(a) provides for

3513

the Lake Okeechobee Watershed Protection Plan.

3514

     Section 89.  Subsection (1) of section 373.472, Florida

3515

Statutes, is amended to read:

3516

     373.472  Save Our Everglades Trust Fund.--

3517

     (1)  There is created within the Department of Environmental

3518

Protection the Save Our Everglades Trust Fund. Funds in the trust

3519

fund shall be expended to implement the comprehensive plan

3520

defined in s. 373.470(2)(b) 373.470(2)(a), the Lake Okeechobee

3521

Watershed Protection Plan defined in s. 373.4595(2), the

3522

Caloosahatchee River Watershed Protection Plan defined in s.

3523

373.4595(2), and the St. Lucie River Watershed Protection Plan

3524

defined in s. 373.4595(2), and to pay debt service for Everglades

3525

restoration bonds issued pursuant to s. 215.619. The trust fund

3526

shall serve as the repository for state, local, and federal

3527

project contributions in accordance with s. 373.470(4).

3528

Reviser's note.--Amended to conform to the redesignation of

3529

s. 373.470(2)(a) as s. 373.470(2)(b) by s. 4, ch. 2007-253,

3530

Laws of Florida.

3531

     Section 90.  Paragraph (c) of subsection (3) of section

3532

376.308, Florida Statutes, is amended to read:

3533

     376.308  Liabilities and defenses of facilities.--

3534

     (3)  For purposes of this section, the following additional

3535

defenses shall apply to sites contaminated with petroleum or

3536

petroleum products:

3537

     (c)  The defendant is a lender which held a security

3538

interest in the site and has foreclosed or otherwise acted to

3539

acquire title primarily to protect its security interest, and

3540

seeks to sell, transfer, or otherwise divest the assets for

3541

subsequent sale at the earliest possible time, taking all

3542

relevant facts and circumstances into account, and has not

3543

undertaken management activities beyond those necessary to

3544

protect its financial interest, to effectuate compliance with

3545

environmental statutes and rules, or to prevent or abate a

3546

discharge; however, if the facility is not eligible for cleanup

3547

pursuant to s. 376.305(6) 376.305(7), s. 376.3071, or s.

3548

376.3072, any funds expended by the department for cleanup of the

3549

property shall constitute a lien on the property against any

3550

subsequent sale after the amount of the former security interest

3551

(including the cost of collection, management, and sale) is

3552

satisfied.

3553

Reviser's note.--Amended to conform to the redesignation of

3554

s. 376.305(7) as s. 376.305(6) by s. 4, ch. 96-277, Laws of

3555

Florida.

3556

     Section 91.  Subsection (1) of section 377.42, Florida

3557

Statutes, is amended to read:

3558

     377.42  Big Cypress Swamp Advisory Committee.--

3559

     (1)  For purposes of this section, the Big Cypress watershed

3560

is defined as the area in Collier County and the adjoining

3561

portions of Hendry, Broward, Miami-Dade Dade, and Monroe Counties

3562

which is designated as the Big Cypress Swamp in U.S. Geological

3563

Survey Open-File Report No. 70003.

3564

Reviser's note.--Amended to conform to the redesignation of

3565

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

3566

Dade County Code.

3567

     Section 92.  Paragraph (c) of subsection (1), paragraph (c)

3568

of subsection (2), and paragraph (c) of subsection (3) of section

3569

381.0273, Florida Statutes, are amended to read:

3570

     381.0273  Public records exemption for patient safety

3571

data.--

3572

     (1)  Information that identifies a patient and that is

3573

contained in patient safety data, as defined in s. 766.1016, or

3574

in other records held by the Florida Patient Safety Corporation

3575

and its subsidiaries, advisory committees, or contractors

3576

pursuant to s. 381.0271 is confidential and exempt from s.

3577

119.07(1) and s. 24(a), Art. I of the State Constitution.

3578

Personal identifying information made confidential and exempt

3579

from disclosure by this subsection may be disclosed only:

3580

     (c)  To a health research entity if the entity seeks the

3581

records or data pursuant to a research protocol approved by the

3582

corporation, maintains the records or data in accordance with the

3583

approved protocol, and enters into a purchase and data-use

3584

agreement with the corporation, the fee provisions of which are

3585

consistent with s. 119.07(4) 119.07(1)(a). The corporation may

3586

deny a request for records or data that identify the patient if

3587

the protocol provides for intrusive follow-back contacts, has not

3588

been approved by a human studies institutional review board, does

3589

not plan for the destruction of confidential records after the

3590

research is concluded, or does not have scientific merit. The

3591

agreement must prohibit the release of any information that would

3592

permit the identification of any patient, must limit the use of

3593

records or data in conformance with the approved research

3594

protocol, and must prohibit any other use of the records or data.

3595

Copies of records or data issued pursuant to this paragraph

3596

remain the property of the corporation.

3597

     (2)  Information that identifies the person or entity that

3598

reports patient safety data, as defined in s. 766.1016, to the

3599

corporation and that is contained in patient safety data or in

3600

other records held by the Florida Patient Safety Corporation and

3601

its subsidiaries, advisory committees, or contractors pursuant to

3602

s. 381.0271 is confidential and exempt from s. 119.07(1) and s.

3603

24(a), Art. I of the State Constitution. Information that

3604

identifies a person or entity reporting patient safety data made

3605

confidential and exempt from disclosure by this subsection may be

3606

disclosed only:

3607

     (c)  To a health research entity if the entity seeks the

3608

records or data pursuant to a research protocol approved by the

3609

corporation, maintains the records or data in accordance with the

3610

approved protocol, and enters into a purchase and data-use

3611

agreement with the corporation, the fee provisions of which are

3612

consistent with s. 119.07(4) 119.07(1)(a). The corporation may

3613

deny a request for records or data that identify the person or

3614

entity reporting patient safety data if the protocol provides for

3615

intrusive follow-back contacts, has not been approved by a human

3616

studies institutional review board, does not plan for the

3617

destruction of confidential records after the research is

3618

concluded, or does not have scientific merit. The agreement must

3619

prohibit the release of any information that would permit the

3620

identification of persons or entities that report patient safety

3621

data, must limit the use of records or data in conformance with

3622

the approved research protocol, and must prohibit any other use

3623

of the records or data. Copies of records or data issued pursuant

3624

to this paragraph remain the property of the corporation.

3625

     (3)  Information that identifies a health care practitioner

3626

or health care facility which is held by the Florida Patient

3627

Safety Corporation and its subsidiaries, advisory committees, or

3628

contractors pursuant to s. 381.0271, is confidential and exempt

3629

from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

3630

Information that identifies a health care practitioner or health

3631

care facility and that is contained in patient safety data made

3632

confidential and exempt from disclosure by this subsection may be

3633

disclosed only:

3634

     (c)  To a health research entity if the entity seeks the

3635

records or data pursuant to a research protocol approved by the

3636

corporation, maintains the records or data in accordance with the

3637

approved protocol, and enters into a purchase and data-use

3638

agreement with the corporation, the fee provisions of which are

3639

consistent with s. 119.07(4) 119.07(1)(a). The corporation may

3640

deny a request for records or data that identify the person or

3641

entity reporting patient safety data if the protocol provides for

3642

intrusive follow-back contacts, has not been approved by a human

3643

studies institutional review board, does not plan for the

3644

destruction of confidential records after the research is

3645

concluded, or does not have scientific merit. The agreement must

3646

prohibit the release of any information that would permit the

3647

identification of persons or entities that report patient safety

3648

data, must limit the use of records or data in conformance with

3649

the approved research protocol, and must prohibit any other use

3650

of the records or data. Copies of records or data issued under

3651

this paragraph remain the property of the corporation.

3652

Reviser's note.--Amended to conform to the redesignation of

3653

material regarding fees for copies of public records in s.

3654

119.07(1)(a) as s. 119.07(4) by s. 7, ch. 2004-335, Laws of

3655

Florida.

3656

     Section 93.  Paragraph (a) of subsection (1) of section

3657

381.0404, Florida Statutes, is amended to read:

3658

     381.0404  Center for Health Technologies.--

3659

     (1)(a)  There is hereby established the Center for Health

3660

Technologies, to be located at and administered by a statutory

3661

teaching hospital located in Miami-Dade Dade County and hereafter

3662

referred to as the administrator.

3663

Reviser's note.--Amended to conform to the redesignation of

3664

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

3665

Dade County Code.

3666

     Section 94.  Paragraph (c) of subsection (2) of section

3667

381.92, Florida Statutes, is amended to read:

3668

     381.92  Florida Cancer Council.--

3669

     (2)

3670

     (c)  The members of the council shall consist of:

3671

     1. The chair of the Florida Dialogue on Cancer, who shall

3672

serve as the chair of the council;

3673

     2. The State Surgeon General or his or her designee;

3674

     3. The chief executive officer of the H. Lee Moffitt Cancer

3675

Center or his or her designee;

3676

     4. The director of the University of Florida Shands Cancer

3677

Center or his or her designee;

3678

     5. The chief executive officer of the University of Miami

3679

Sylvester Comprehensive Cancer Center or his or her designee;

3680

     6. The chief executive officer of the Mayo Clinic,

3681

Jacksonville, or his or her designee;

3682

     7. The chief executive officer of the American Cancer

3683

Society, Florida Division, Inc., or his or her designee;

3684

     8. The president of the American Cancer Society, Florida

3685

Division, Inc., Board of Directors or his or her designee;

3686

     9. The president of the Florida Society of Clinical

3687

Oncology or his or her designee;

3688

     10. The president of the American College of Surgeons,

3689

Florida Chapter, or his or her designee;

3690

     11. The chief executive officer of Enterprise Florida,

3691

Inc., or his or her designee;

3692

     12.  Five representatives from cancer programs approved by

3693

the American College of Surgeons. Three shall be appointed by the

3694

Governor, one shall be appointed by the Speaker of the House of

3695

Representatives, and one shall be appointed by the President of

3696

the Senate;

3697

     13.  One member of the House of Representatives, to be

3698

appointed by the Speaker of the House of Representatives; and

3699

     14.  One member of the Senate, to be appointed by the

3700

President of the Senate.

3701

Reviser's note.--Amended to improve clarity and correct

3702

sentence construction.

3703

     Section 95.  Subsection (5) of section 383.412, Florida

3704

Statutes, is amended to read:

3705

     383.412  Public records and public meetings exemptions.--

3706

     (5)  This section is subject to the Open Government Sunset

3707

Review Act of 1995 in accordance with s. 119.15, and shall stand

3708

repealed on October 2, 2010, unless reviewed and saved from

3709

repeal through reenactment by the Legislature.

3710

Reviser's note.--Amended to conform to the renaming of the

3711

"Open Government Sunset Review Act of 1995" as the "Open

3712

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

3713

of Florida.

3714

     Section 96.  Subsection (1) of section 390.012, Florida

3715

Statutes, is amended to read:

3716

     390.012  Powers of agency; rules; disposal of fetal

3717

remains.--

3718

     (1)  The agency may develop and enforce rules pursuant to

3719

ss. 390.011-390.018 390.001-390.018 and part II of chapter 408

3720

for the health, care, and treatment of persons in abortion

3721

clinics and for the safe operation of such clinics.

3722

     (a)  The rules shall be reasonably related to the

3723

preservation of maternal health of the clients.

3724

     (b)  The rules shall be in accordance with s. 797.03 and may

3725

not impose an unconstitutional burden on a woman's freedom to

3726

decide whether to terminate her pregnancy.

3727

     (c)  The rules shall provide for:

3728

     1.  The performance of pregnancy termination procedures only

3729

by a licensed physician.

3730

     2.  The making, protection, and preservation of patient

3731

records, which shall be treated as medical records under chapter

3732

458.

3733

Reviser's note.--Amended to correct an erroneous reference

3734

added by s. 15, ch. 2007-230, Laws of Florida. Section

3735

390.001 was redesignated as s. 390.0111 by s. 2, ch. 97-151,

3736

Laws of Florida. Section 390.011 provides definitions for

3737

the range of sections in the cross-reference.

3738

     Section 97.  Subsection (3) of section 390.014, Florida

3739

Statutes, is amended to read:

3740

     390.014  Licenses; fees.--

3741

     (3)  In accordance with s. 408.805, an applicant or licensee

3742

shall pay a fee for each license application submitted under this

3743

chapter part and part II of chapter 408. The amount of the fee

3744

shall be established by rule and may not be less than $70 or more

3745

than $500.

3746

Reviser's note.--Amended to correct an erroneous reference;

3747

chapter 390 is not divided into parts.

3748

     Section 98.  Section 390.018, Florida Statutes, is amended

3749

to read:

3750

     390.018  Administrative fine.--In addition to the

3751

requirements of part II of chapter 408, the agency may impose a

3752

fine upon the clinic in an amount not to exceed $1,000 for each

3753

violation of any provision of this chapter part, part II of

3754

chapter 408, or applicable rules.

3755

Reviser's note.--Amended to correct an erroneous reference;

3756

chapter 390 is not divided into parts.

3757

     Section 99.  Section 393.23, Florida Statutes, is amended to

3758

read:

3759

     393.23  Developmental disabilities institutions; trust

3760

accounts.--All receipts from the operation of canteens, vending

3761

machines, hobby shops, sheltered workshops, activity centers,

3762

farming projects, and other like activities operated in a

3763

developmental disabilities institution, and moneys donated to the

3764

institution, must be deposited in a trust account in any bank,

3765

credit union, or savings and loan association authorized by the

3766

State Treasury as a qualified depository depositor to do business

3767

in this state, if the moneys are available on demand.

3768

     (1)  Moneys in the trust account must be expended for the

3769

benefit, education, and welfare of clients. However, if

3770

specified, moneys that are donated to the institution must be

3771

expended in accordance with the intentions of the donor. Trust

3772

account money may not be used for the benefit of employees of the

3773

agency or to pay the wages of such employees. The welfare of the

3774

clients includes the expenditure of funds for the purchase of

3775

items for resale at canteens or vending machines, and for the

3776

establishment of, maintenance of, and operation of canteens,

3777

hobby shops, recreational or entertainment facilities, sheltered

3778

workshops, activity centers, farming projects, or other like

3779

facilities or programs established at the institutions for the

3780

benefit of clients.

3781

     (2)  The institution may invest, in the manner authorized by

3782

law for fiduciaries, any money in a trust account which is not

3783

necessary for immediate use. The interest earned and other

3784

increments derived from the investments of the money must be

3785

deposited into the trust account for the benefit of clients.

3786

     (3)  The accounting system of an institution must account

3787

separately for revenues and expenses for each activity. The

3788

institution shall reconcile the trust account to the

3789

institution's accounting system and check registers and to the

3790

accounting system of the Chief Financial Officer.

3791

     (4)  All sales taxes collected by the institution as a

3792

result of sales shall be deposited into the trust account and

3793

remitted to the Department of Revenue.

3794

     (5)  Funds shall be expended in accordance with requirements

3795

and guidelines established by the Chief Financial Officer.

3796

Reviser's note.--Amended to confirm the editorial

3797

substitution of the word "depository" for the word

3798

"depositor" to correct an apparent error and facilitate

3799

correct interpretation.

3800

     Section 100.  Paragraph (a) of subsection (4) of section

3801

395.402, Florida Statutes, is amended to read:

3802

     395.402  Trauma service areas; number and location of trauma

3803

centers.--

3804

     (4)  Annually thereafter, the department shall review the

3805

assignment of the 67 counties to trauma service areas, in

3806

addition to the requirements of paragraphs (2)(b)-(g) and

3807

subsection (3). County assignments are made for the purpose of

3808

developing a system of trauma centers. Revisions made by the

3809

department shall take into consideration the recommendations made

3810

as part of the regional trauma system plans approved by the

3811

department and the recommendations made as part of the state

3812

trauma system plan. In cases where a trauma service area is

3813

located within the boundaries of more than one trauma region, the

3814

trauma service area's needs, response capability, and system

3815

requirements shall be considered by each trauma region served by

3816

that trauma service area in its regional system plan. Until the

3817

department completes the February 2005 assessment, the assignment

3818

of counties shall remain as established in this section.

3819

     (a)  The following trauma service areas are hereby

3820

established:

3821

     1.  Trauma service area 1 shall consist of Escambia,

3822

Okaloosa, Santa Rosa, and Walton Counties.

3823

     2.  Trauma service area 2 shall consist of Bay, Gulf,

3824

Holmes, and Washington Counties.

3825

     3.  Trauma service area 3 shall consist of Calhoun,

3826

Franklin, Gadsden, Jackson, Jefferson, Leon, Liberty, Madison,

3827

Taylor, and Wakulla Counties.

3828

     4.  Trauma service area 4 shall consist of Alachua,

3829

Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Levy,

3830

Putnam, Suwannee, and Union Counties.

3831

     5.  Trauma service area 5 shall consist of Baker, Clay,

3832

Duval, Nassau, and St. Johns Counties.

3833

     6.  Trauma service area 6 shall consist of Citrus, Hernando,

3834

and Marion Counties.

3835

     7.  Trauma service area 7 shall consist of Flagler and

3836

Volusia Counties.

3837

     8.  Trauma service area 8 shall consist of Lake, Orange,

3838

Osceola, Seminole, and Sumter Counties.

3839

     9.  Trauma service area 9 shall consist of Pasco and

3840

Pinellas Counties.

3841

     10.  Trauma service area 10 shall consist of Hillsborough

3842

County.

3843

     11.  Trauma service area 11 shall consist of Hardee,

3844

Highlands, and Polk Counties.

3845

     12.  Trauma service area 12 shall consist of Brevard and

3846

Indian River Counties.

3847

     13.  Trauma service area 13 shall consist of DeSoto,

3848

Manatee, and Sarasota Counties.

3849

     14.  Trauma service area 14 shall consist of Martin,

3850

Okeechobee, and St. Lucie Counties.

3851

     15.  Trauma service area 15 shall consist of Charlotte,

3852

Glades, Hendry, and Lee Counties.

3853

     16.  Trauma service area 16 shall consist of Palm Beach

3854

County.

3855

     17.  Trauma service area 17 shall consist of Collier County.

3856

     18.  Trauma service area 18 shall consist of Broward County.

3857

     19. Trauma service area 19 shall consist of Miami-Dade Dade

3858

and Monroe Counties.

3859

Reviser's note.--Amended to conform to the redesignation of

3860

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

3861

Dade County Code.

3862

     Section 101.  Subsection (1) of section 400.063, Florida

3863

Statutes, is amended to read:

3864

     400.063  Resident Protection Trust Fund.--

3865

     (1)  A Resident Protection Trust Fund shall be established

3866

for the purpose of collecting and disbursing funds generated from

3867

the license fees and administrative fines as provided for in ss.

3868

393.0673(3) 393.0673(2), 400.062(3), 400.121(2), and 400.23(8).

3869

Such funds shall be for the sole purpose of paying for the

3870

appropriate alternate placement, care, and treatment of residents

3871

who are removed from a facility licensed under this part or a

3872

facility specified in s. 393.0678(1) in which the agency

3873

determines that existing conditions or practices constitute an

3874

immediate danger to the health, safety, or security of the

3875

residents. If the agency determines that it is in the best

3876

interest of the health, safety, or security of the residents to

3877

provide for an orderly removal of the residents from the

3878

facility, the agency may utilize such funds to maintain and care

3879

for the residents in the facility pending removal and alternative

3880

placement. The maintenance and care of the residents shall be

3881

under the direction and control of a receiver appointed pursuant

3882

to s. 393.0678(1) or s. 400.126(1). However, funds may be

3883

expended in an emergency upon a filing of a petition for a

3884

receiver, upon the declaration of a state of local emergency

3885

pursuant to s. 252.38(3)(a)5., or upon a duly authorized local

3886

order of evacuation of a facility by emergency personnel to

3887

protect the health and safety of the residents.

3888

Reviser's note.--Amended to conform to the redesignation of

3889

s. 393.0673(2) as s. 393.0673(3) by s. 20, ch. 2006-227,

3890

Laws of Florida.

3891

     Section 102.  Subsection (1) of section 400.0712, Florida

3892

Statutes, is amended to read:

3893

     400.0712  Application for inactive license.--

3894

     (1) As specified in s. 408.831(4) 408.321(4) and this

3895

section, the agency may issue an inactive license to a nursing

3896

home facility for all or a portion of its beds. Any request by a

3897

licensee that a nursing home or portion of a nursing home become

3898

inactive must be submitted to the agency in the approved format.

3899

The facility may not initiate any suspension of services, notify

3900

residents, or initiate inactivity before receiving approval from

3901

the agency; and a licensee that violates this provision may not

3902

be issued an inactive license.

3903

Reviser's note.--Amended to confirm the editorial

3904

substitution of a reference to s. 408.831(4) for a reference

3905

to nonexistent s. 408.321(4); s. 408.831(4) relates to

3906

issuance of inactive licenses.

3907

     Section 103.  Subsections (3) and (12) of section 400.506,

3908

Florida Statutes, are amended to read:

3909

     400.506  Licensure of nurse registries; requirements;

3910

penalties.--

3911

     (3)  In accordance with s. 408.805, an applicant or licensee

3912

shall pay a fee for each license application submitted under ss.

3913

400.506-400.518 400.508-400.518, part II of chapter 408, and

3914

applicable rules. The amount of the fee shall be established by

3915

rule and may not exceed $2,000 per biennium.

3916

     (12)  Each nurse registry shall prepare and maintain a

3917

comprehensive emergency management plan that is consistent with

3918

the criteria in this subsection and with the local special needs

3919

plan. The plan shall be updated annually. The plan shall include

3920

the means by which the nurse registry will continue to provide

3921

the same type and quantity of services to its patients who

3922

evacuate to special needs shelters which were being provided to

3923

those patients prior to evacuation. The plan shall specify how

3924

the nurse registry shall facilitate the provision of continuous

3925

care by persons referred for contract to persons who are

3926

registered pursuant to s. 252.355 during an emergency that

3927

interrupts the provision of care or services in private

3928

residences. Nurse registries may establish links to local

3929

emergency operations centers to determine a mechanism by which to

3930

approach specific areas within a disaster area in order for a

3931

provider to reach its clients. Nurse registries shall demonstrate

3932

a good faith effort to comply with the requirements of this

3933

subsection by documenting attempts of staff to follow procedures

3934

outlined in the nurse registry's comprehensive emergency

3935

management plan which support a finding that the provision of

3936

continuing care has been attempted for patients identified as

3937

needing care by the nurse registry and registered under s.

3938

252.355 in the event of an emergency under this subsection (1).

3939

     (a)  All persons referred for contract who care for persons

3940

registered pursuant to s. 252.355 must include in the patient

3941

record a description of how care will be continued during a

3942

disaster or emergency that interrupts the provision of care in

3943

the patient's home. It shall be the responsibility of the person

3944

referred for contract to ensure that continuous care is provided.

3945

     (b)  Each nurse registry shall maintain a current

3946

prioritized list of patients in private residences who are

3947

registered pursuant to s. 252.355 and are under the care of

3948

persons referred for contract and who need continued services

3949

during an emergency. This list shall indicate, for each patient,

3950

if the client is to be transported to a special needs shelter and

3951

if the patient is receiving skilled nursing services. Nurse

3952

registries shall make this list available to county health

3953

departments and to local emergency management agencies upon

3954

request.

3955

     (c)  Each person referred for contract who is caring for a

3956

patient who is registered pursuant to s. 252.355 shall provide a

3957

list of the patient's medication and equipment needs to the nurse

3958

registry. Each person referred for contract shall make this

3959

information available to county health departments and to local

3960

emergency management agencies upon request.

3961

     (d)  Each person referred for contract shall not be required

3962

to continue to provide care to patients in emergency situations

3963

that are beyond the person's control and that make it impossible

3964

to provide services, such as when roads are impassable or when

3965

patients do not go to the location specified in their patient

3966

records.

3967

     (e)  The comprehensive emergency management plan required by

3968

this subsection is subject to review and approval by the county

3969

health department. During its review, the county health

3970

department shall contact state and local health and medical

3971

stakeholders when necessary. The county health department shall

3972

complete its review to ensure that the plan complies with the

3973

criteria in the Agency for Health Care Administration rules

3974

within 90 days after receipt of the plan and shall either approve

3975

the plan or advise the nurse registry of necessary revisions. If

3976

a nurse registry fails to submit a plan or fails to submit

3977

requested information or revisions to the county health

3978

department within 30 days after written notification from the

3979

county health department, the county health department shall

3980

notify the Agency for Health Care Administration. The agency

3981

shall notify the nurse registry that its failure constitutes a

3982

deficiency, subject to a fine of $5,000 per occurrence. If the

3983

plan is not submitted, information is not provided, or revisions

3984

are not made as requested, the agency may impose the fine.

3985

     (f)  The Agency for Health Care Administration shall adopt

3986

rules establishing minimum criteria for the comprehensive

3987

emergency management plan and plan updates required by this

3988

subsection, with the concurrence of the Department of Health and

3989

in consultation with the Department of Community Affairs.

3990

Reviser's note.--Subsection (3) is amended to correct an

3991

erroneous reference. Section 400.508 does not exist; ss.

3992

400.506-400.518 relate to licensing requirements, and the

3993

range appears elsewhere in the section as amended by s. 80,

3994

ch. 2007-230, Laws of Florida. Subsection (12) is amended to

3995

correct an erroneous reference. Subsection (1) does not

3996

reference emergencies; subsection (12) provides for a

3997

comprehensive emergency management plan.

3998

     Section 104.  Subsection (5) of section 400.995, Florida

3999

Statutes, is amended to read:

4000

     400.995  Agency administrative penalties.--

4001

     (5)  Any clinic whose owner fails to apply for a change-of-

4002

ownership license in accordance with s. 400.992 and operates the

4003

clinic under the new ownership is subject to a fine of $5,000.

4004

Reviser's note.--Amended to conform to the repeal of s.

4005

400.992 by s. 125, ch. 2007-230, Laws of Florida.

4006

     Section 105.  Paragraph (a) of subsection (13) of section

4007

403.031, Florida Statutes, is amended to read:

4008

     403.031  Definitions.--In construing this chapter, or rules

4009

and regulations adopted pursuant hereto, the following words,

4010

phrases, or terms, unless the context otherwise indicates, have

4011

the following meanings:

4012

     (13)  "Waters" include, but are not limited to, rivers,

4013

lakes, streams, springs, impoundments, wetlands, and all other

4014

waters or bodies of water, including fresh, brackish, saline,

4015

tidal, surface, or underground waters. Waters owned entirely by

4016

one person other than the state are included only in regard to

4017

possible discharge on other property or water. Underground waters

4018

include, but are not limited to, all underground waters passing

4019

through pores of rock or soils or flowing through in channels,

4020

whether manmade or natural. Solely for purposes of s. 403.0885,

4021

waters of the state also include navigable waters or waters of

4022

the contiguous zone as used in s. 502 of the Clean Water Act, as

4023

amended, 33 U.S.C. ss. 1251 et seq., as in existence on January

4024

1, 1993, except for those navigable waters seaward of the

4025

boundaries of the state set forth in s. 1, Art. II of the State

4026

Constitution. Solely for purposes of this chapter, waters of the

4027

state also include the area bounded by the following:

4028

     (a)  Commence at the intersection of State Road (SRD) 5

4029

(U.S. 1) and the county line dividing Miami-Dade Dade and Monroe

4030

Counties, said point also being the mean high-water line of

4031

Florida Bay, located in section 4, township 60 south, range 39

4032

east of the Tallahassee Meridian for the point of beginning. From

4033

said point of beginning, thence run northwesterly along said SRD

4034

5 to an intersection with the north line of section 18, township

4035

58 south, range 39 east; thence run westerly to a point marking

4036

the southeast corner of section 12, township 58 south, range 37

4037

east, said point also lying on the east boundary of the

4038

Everglades National Park; thence run north along the east

4039

boundary of the aforementioned Everglades National Park to a

4040

point marking the northeast corner of section 1, township 58

4041

south, range 37 east; thence run west along said park to a point

4042

marking the northwest corner of said section 1; thence run

4043

northerly along said park to a point marking the northwest corner

4044

of section 24, township 57 south, range 37 east; thence run

4045

westerly along the south lines of sections 14, 15, and 16 to the

4046

southwest corner of section 16; thence leaving the Everglades

4047

National Park boundary run northerly along the west line of

4048

section 16 to the northwest corner of section 16; thence east

4049

along the northerly line of section 16 to a point at the

4050

intersection of the east one-half and west one-half of section 9;

4051

thence northerly along the line separating the east one-half and

4052

the west one-half of sections 9, 4, 33, and 28; thence run

4053

easterly along the north line of section 28 to the northeast

4054

corner of section 28; thence run northerly along the west line of

4055

section 22 to the northwest corner of section 22; thence easterly

4056

along the north line of section 22 to a point at the intersection

4057

of the east one-half and west one-half of section 15; thence run

4058

northerly along said line to the point of intersection with the

4059

north line of section 15; thence easterly along the north line of

4060

section 15 to the northeast corner of section 15; thence run

4061

northerly along the west lines of sections 11 and 2 to the

4062

northwest corner of section 2; thence run easterly along the

4063

north lines of sections 2 and 1 to the northeast corner of

4064

section 1, township 56 south, range 37 east; thence run north

4065

along the east line of section 36, township 55 south, range 37

4066

east to the northeast corner of section 36; thence run west along

4067

the north line of section 36 to the northwest corner of section

4068

36; thence run north along the west line of section 25 to the

4069

northwest corner of section 25; thence run west along the north

4070

line of section 26 to the northwest corner of section 26; thence

4071

run north along the west line of section 23 to the northwest

4072

corner of section 23; thence run easterly along the north line of

4073

section 23 to the northeast corner of section 23; thence run

4074

north along the west line of section 13 to the northwest corner

4075

of section 13; thence run east along the north line of section 13

4076

to a point of intersection with the west line of the southeast

4077

one-quarter of section 12; thence run north along the west line

4078

of the southeast one-quarter of section 12 to the northwest

4079

corner of the southeast one-quarter of section 12; thence run

4080

east along the north line of the southeast one-quarter of section

4081

12 to the point of intersection with the east line of section 12;

4082

thence run east along the south line of the northwest one-quarter

4083

of section 7 to the southeast corner of the northwest one-quarter

4084

of section 7; thence run north along the east line of the

4085

northwest one-quarter of section 7 to the point of intersection

4086

with the north line of section 7; thence run northerly along the

4087

west line of the southeast one-quarter of section 6 to the

4088

northwest corner of the southeast one-quarter of section 6;

4089

thence run east along the north lines of the southeast one-

4090

quarter of section 6 and the southwest one-quarter of section 5

4091

to the northeast corner of the southwest one-quarter of section

4092

5; thence run northerly along the east line of the northwest one-

4093

quarter of section 5 to the point of intersection with the north

4094

line of section 5; thence run northerly along the line dividing

4095

the east one-half and the west one-half of Lot 5 to a point

4096

intersecting the north line of Lot 5; thence run east along the

4097

north line of Lot 5 to the northeast corner of Lot 5, township 54

4098

1/2 south, range 38 east; thence run north along the west line of

4099

section 33, township 54 south, range 38 east to a point

4100

intersecting the northwest corner of the southwest one-quarter of

4101

section 33; thence run easterly along the north line of the

4102

southwest one-quarter of section 33 to the northeast corner of

4103

the southwest one-quarter of section 33; thence run north along

4104

the west line of the northeast one-quarter of section 33 to a

4105

point intersecting the north line of section 33; thence run

4106

easterly along the north line of section 33 to the northeast

4107

corner of section 33; thence run northerly along the west line of

4108

section 27 to a point intersecting the northwest corner of the

4109

southwest one-quarter of section 27; thence run easterly to the

4110

northeast corner of the southwest one-quarter of section 27;

4111

thence run northerly along the west line of the northeast one-

4112

quarter of section 27 to a point intersecting the north line of

4113

section 27; thence run west along the north line of section 27 to

4114

the northwest corner of section 27; thence run north along the

4115

west lines of sections 22 and 15 to the northwest corner of

4116

section 15; thence run easterly along the north lines of sections

4117

15 and 14 to the point of intersection with the L-31N Levee, said

4118

intersection located near the southeast corner of section 11,

4119

township 54 south, range 38 east; thence run northerly along

4120

Levee L-31N crossing SRD 90 (U.S. 41 Tamiami Trail) to an

4121

intersection common to Levees L-31N, L-29, and L-30, said

4122

intersection located near the southeast corner of section 2,

4123

township 54 south, range 38 east; thence run northeasterly,

4124

northerly, and northeasterly along Levee L-30 to a point of

4125

intersection with the Miami-Dade/Broward Dade/Broward Levee, said

4126

intersection located near the northeast corner of section 17,

4127

township 52 south, range 39 east; thence run due east to a point

4128

of intersection with SRD 27 (Krome Ave.); thence run

4129

northeasterly along SRD 27 to an intersection with SRD 25 (U.S.

4130

27), said intersection located in section 3, township 52 south,

4131

range 39 east; thence run northerly along said SRD 25, entering

4132

into Broward County, to an intersection with SRD 84 at Andytown;

4133

thence run southeasterly along the aforementioned SRD 84 to an

4134

intersection with the southwesterly prolongation of Levee L-35A,

4135

said intersection being located in the northeast one-quarter of

4136

section 5, township 50 south, range 40 east; thence run

4137

northeasterly along Levee L-35A to an intersection of Levee L-36,

4138

said intersection located near the southeast corner of section

4139

12, township 49 south, range 40 east; thence run northerly along

4140

Levee L-36, entering into Palm Beach County, to an intersection

4141

common to said Levees L-36, L-39, and L-40, said intersection

4142

located near the west quarter corner of section 19, township 47

4143

south, range 41 east; thence run northeasterly, easterly, and

4144

northerly along Levee L-40, said Levee L-40 being the easterly

4145

boundary of the Loxahatchee National Wildlife Refuge, to an

4146

intersection with SRD 80 (U.S. 441), said intersection located

4147

near the southeast corner of section 32, township 43 south, range

4148

40 east; thence run westerly along the aforementioned SRD 80 to a

4149

point marking the intersection of said road and the northeasterly

4150

prolongation of Levee L-7, said Levee L-7 being the westerly

4151

boundary of the Loxahatchee National Wildlife Refuge; thence run

4152

southwesterly and southerly along said Levee L-7 to an

4153

intersection common to Levees L-7, L-15 (Hillsborough Canal), and

4154

L-6; thence run southwesterly along Levee L-6 to an intersection

4155

common to Levee L-6, SRD 25 (U.S. 27), and Levee L-5, said

4156

intersection being located near the northwest corner of section

4157

27, township 47 south, range 38 east; thence run westerly along

4158

the aforementioned Levee L-5 to a point intersecting the east

4159

line of range 36 east; thence run northerly along said range line

4160

to a point marking the northeast corner of section 1, township 47

4161

south, range 36 east; thence run westerly along the north line of

4162

township 47 south, to an intersection with Levee L-23/24 (Miami

4163

Canal); thence run northwesterly along the Miami Canal Levee to a

4164

point intersecting the north line of section 22, township 46

4165

south, range 35 east; thence run westerly to a point marking the

4166

northwest corner of section 21, township 46 south, range 35 east;

4167

thence run southerly to the southwest corner of said section 21;

4168

thence run westerly to a point marking the northwest corner of

4169

section 30, township 46 south, range 35 east, said point also

4170

being on the line dividing Palm Beach and Hendry Counties; from

4171

said point, thence run southerly along said county line to a

4172

point marking the intersection of Broward, Hendry, and Collier

4173

Counties, said point also being the northeast corner of section

4174

1, township 49 south, range 34 east; thence run westerly along

4175

the line dividing Hendry and Collier Counties and continuing

4176

along the prolongation thereof to a point marking the southwest

4177

corner of section 36, township 48 south, range 29 east; thence

4178

run southerly to a point marking the southwest corner of section

4179

12, township 49 south, range 29 east; thence run westerly to a

4180

point marking the southwest corner of section 10, township 49

4181

south, range 29 east; thence run southerly to a point marking the

4182

southwest corner of section 15, township 49 south, range 29 east;

4183

thence run westerly to a point marking the northwest corner of

4184

section 24, township 49 south, range 28 east, said point lying on

4185

the west boundary of the Big Cypress Area of Critical State

4186

Concern as described in rule 28-25.001, Florida Administrative

4187

Code; thence run southerly along said boundary crossing SRD 84

4188

(Alligator Alley) to a point marking the southwest corner of

4189

section 24, township 50 south, range 28 east; thence leaving the

4190

aforementioned west boundary of the Big Cypress Area of Critical

4191

State Concern run easterly to a point marking the northeast

4192

corner of section 25, township 50 south, range 28 east; thence

4193

run southerly along the east line of range 28 east to a point

4194

lying approximately 0.15 miles south of the northeast corner of

4195

section 1, township 52 south, range 28 east; thence run

4196

southwesterly 2.4 miles more or less to an intersection with SRD

4197

90 (U.S. 41 Tamiami Trail), said intersection lying 1.1 miles

4198

more or less west of the east line of range 28 east; thence run

4199

northwesterly and westerly along SRD 90 to an intersection with

4200

the west line of section 10, township 52 south, range 28 east;

4201

thence leaving SRD 90 run southerly to a point marking the

4202

southwest corner of section 15, township 52 south, range 28 east;

4203

thence run westerly crossing the Faka Union Canal 0.6 miles more

4204

or less to a point; thence run southerly and parallel to the Faka

4205

Union Canal to a point located on the mean high-water line of

4206

Faka Union Bay; thence run southeasterly along the mean high-

4207

water line of the various bays, rivers, inlets, and streams to

4208

the point of beginning.

4209

Reviser's note.--Amended to conform to the redesignation of

4210

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

4211

Dade County Code.

4212

     Section 106.  Subsection (2) of section 403.201, Florida

4213

Statutes, is amended to read:

4214

     403.201  Variances.--

4215

     (2)  No variance shall be granted from any provision or

4216

requirement concerning discharges of waste into waters of the

4217

state or hazardous waste management which would result in the

4218

provision or requirement being less stringent than a comparable

4219

federal provision or requirement, except as provided in s.

4220

403.70715 403.7221.

4221

Reviser's note.--Amended to conform to the redesignation of

4222

s. 403.7221 as s. 403.70715 by s. 20, ch. 2007-184, Laws of

4223

Florida.

4224

     Section 107.  Paragraph (a) of subsection (6) of section

4225

403.707, Florida Statutes, is amended to read:

4226

     403.707  Permits.--

4227

     (6)  The department may issue a construction permit pursuant

4228

to this part only to a solid waste management facility that

4229

provides the conditions necessary to control the safe movement of

4230

wastes or waste constituents into surface or ground waters or the

4231

atmosphere and that will be operated, maintained, and closed by

4232

qualified and properly trained personnel. Such facility must if

4233

necessary:

4234

     (a) Use natural or artificial barriers that which are

4235

capable of controlling lateral or vertical movement of wastes or

4236

waste constituents into surface or ground waters.

4237

4238

Open fires, air-curtain incinerators, or trench burning may not

4239

be used as a means of disposal at a solid waste management

4240

facility, unless permitted by the department under s. 403.087.

4241

Reviser's note.--Amended to confirm the editorial deletion

4242

of the word "which" following the word "that" to correct a

4243

drafting error that occurred in the amendment to the section

4244

by s. 12, ch. 2007-184, Laws of Florida.

4245

     Section 108.  Subsections (1),(2), and (3) of section

4246

403.890, Florida Statutes, as amended by section 2 of chapter

4247

2007-335, Laws of Florida, are amended to read:

4248

     403.890  Water Protection and Sustainability Program;

4249

intent; goals; purposes.--

4250

     (1)  Effective July 1, 2006, revenues transferred from the

4251

Department of Revenue pursuant to s. 201.15(1)(d)2. shall be

4252

deposited into the Water Protection and Sustainability Program

4253

Trust Fund in the Department of Environmental Protection. These

4254

revenues and any other additional revenues deposited into or

4255

appropriated to the Water Protection and Sustainability Program

4256

Trust Fund shall be distributed by the Department of

4257

Environmental Protection in the following manner:

4258

     (a)  Sixty percent to the Department of Environmental

4259

Protection for the implementation of an alternative water supply

4260

program as provided in s. 373.1961.

4261

     (b)  Twenty percent for the implementation of best

4262

management practices and capital project expenditures necessary

4263

for the implementation of the goals of the total maximum daily

4264

load program established in s. 403.067. Of these funds, 85

4265

percent shall be transferred to the credit of the Department of

4266

Environmental Protection Water Quality Assurance Trust Fund to

4267

address water quality impacts associated with nonagricultural

4268

nonpoint sources. Fifteen percent of these funds shall be

4269

transferred to the Department of Agriculture and Consumer

4270

Services General Inspection Trust Fund to address water quality

4271

impacts associated with agricultural nonpoint sources. These

4272

funds shall be used for research, development, demonstration, and

4273

implementation of the total maximum daily load program under s.

4274

403.067, suitable best management practices or other measures

4275

used to achieve water quality standards in surface waters and

4276

water segments identified pursuant to s. 303(d) of the Clean

4277

Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.

4278

Implementation of best management practices and other measures

4279

may include cost-share grants, technical assistance,

4280

implementation tracking, and conservation leases or other

4281

agreements for water quality improvement. The Department of

4282

Environmental Protection and the Department of Agriculture and

4283

Consumer Services may adopt rules governing the distribution of

4284

funds for implementation of capital projects, best management

4285

practices, and other measures. These funds shall not be used to

4286

abrogate the financial responsibility of those point and nonpoint

4287

sources that have contributed to the degradation of water or land

4288

areas. Increased priority shall be given by the department and

4289

the water management district governing boards to those projects

4290

that have secured a cost-sharing agreement allocating

4291

responsibility for the cleanup of point and nonpoint sources.

4292

     (c)  Ten percent shall be disbursed for the purposes of

4293

funding projects pursuant to ss. 373.451-373.459 or surface water

4294

restoration activities in water-management-district-designated

4295

priority water bodies. The Secretary of Environmental Protection

4296

shall ensure that each water management district receives the

4297

following percentage of funds annually:

4298

     1.  Thirty-five percent to the South Florida Water

4299

Management District;

4300

     2.  Twenty-five percent to the Southwest Florida Water

4301

Management District;

4302

     3.  Twenty-five percent to the St. Johns River Water

4303

Management District;

4304

     4.  Seven and one-half percent to the Suwannee River Water

4305

Management District; and

4306

     5.  Seven and one-half percent to the Northwest Florida

4307

Water Management District.

4308

     (d)  Ten percent to the Department of Environmental

4309

Protection for the Disadvantaged Small Community Wastewater Grant

4310

Program as provided in s. 403.1838.

4311

     (2)  Applicable beginning in the 2007-2008 fiscal year,

4312

revenues transferred from the Department of Revenue pursuant to

4313

s. 201.15(1)(d)2. shall be deposited into the Water Protection

4314

and Sustainability Program Trust Fund in the Department of

4315

Environmental Protection. These revenues and any other additional

4316

revenues deposited into or appropriated to the Water Protection

4317

and Sustainability Program Trust Fund shall be distributed by the

4318

Department of Environmental Protection in the following manner:

4319

     (a)  Sixty-five percent to the Department of Environmental

4320

Protection for the implementation of an alternative water supply

4321

program as provided in s. 373.1961.

4322

     (b)  Twenty-two and five-tenths percent for the

4323

implementation of best management practices and capital project

4324

expenditures necessary for the implementation of the goals of the

4325

total maximum daily load program established in s. 403.067. Of

4326

these funds, 83.33 percent shall be transferred to the credit of

4327

the Department of Environmental Protection Water Quality

4328

Assurance Trust Fund to address water quality impacts associated

4329

with nonagricultural nonpoint sources. Sixteen and sixty-seven

4330

hundredths percent of these funds shall be transferred to the

4331

Department of Agriculture and Consumer Services General

4332

Inspection Trust Fund to address water quality impacts associated

4333

with agricultural nonpoint sources. These funds shall be used for

4334

research, development, demonstration, and implementation of the

4335

total maximum daily load program under s. 403.067, suitable best

4336

management practices or other measures used to achieve water

4337

quality standards in surface waters and water segments identified

4338

pursuant to s. 303(d) of the Clean Water Act, Pub. L. No. 92-500,

4339

33 U.S.C. ss. 1251 et seq. Implementation of best management

4340

practices and other measures may include cost-share grants,

4341

technical assistance, implementation tracking, and conservation

4342

leases or other agreements for water quality improvement. The

4343

Department of Environmental Protection and the Department of

4344

Agriculture and Consumer Services may adopt rules governing the

4345

distribution of funds for implementation of capital projects,

4346

best management practices, and other measures. These funds shall

4347

not be used to abrogate the financial responsibility of those

4348

point and nonpoint sources that have contributed to the

4349

degradation of water or land areas. Increased priority shall be

4350

given by the department and the water management district

4351

governing boards to those projects that have secured a cost-

4352

sharing agreement allocating responsibility for the cleanup of

4353

point and nonpoint sources.

4354

     (c)  Twelve and five-tenths percent to the Department of

4355

Environmental Protection for the Disadvantaged Small Community

4356

Wastewater Grant Program as provided in s. 403.1838.

4357

     (d)  On June 30, 2009, and every 24 months thereafter, the

4358

Department of Environmental Protection shall request the return

4359

of all unencumbered funds distributed pursuant to this section.

4360

These funds shall be deposited into the Water Protection and

4361

Sustainability Program Trust Fund and redistributed pursuant to

4362

the provisions of this section.

4363

     (3)  For fiscal year 2005-2006, funds deposited or

4364

appropriated into the Water Protection and Sustainability Program

4365

Trust Fund shall be distributed as follows:

4366

     (a)  One hundred million dollars to the Department of

4367

Environmental Protection for the implementation of an alternative

4368

water supply program as provided in s. 373.1961.

4369

     (b)  Funds remaining after the distribution provided for in

4370

subsection (1) shall be distributed as follows:

4371

     1.  Fifty percent for the implementation of best management

4372

practices and capital project expenditures necessary for the

4373

implementation of the goals of the total maximum daily load

4374

program established in s. 403.067. Of these funds, 85 percent

4375

shall be transferred to the credit of the Department of

4376

Environmental Protection Water Quality Assurance Trust Fund to

4377

address water quality impacts associated with nonagricultural

4378

nonpoint sources. Fifteen percent of these funds shall be

4379

transferred to the Department of Agriculture and Consumer

4380

Services General Inspection Trust Fund to address water quality

4381

impacts associated with agricultural nonpoint sources. These

4382

funds shall be used for research, development, demonstration, and

4383

implementation of suitable best management practices or other

4384

measures used to achieve water quality standards in surface

4385

waters and water segments identified pursuant to s. 303(d) of the

4386

Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.

4387

Implementation of best management practices and other measures

4388

may include cost-share grants, technical assistance,

4389

implementation tracking, and conservation leases or other

4390

agreements for water quality improvement. The Department of

4391

Environmental Protection and the Department of Agriculture and

4392

Consumer Services may adopt rules governing the distribution of

4393

funds for implementation of best management practices. These

4394

funds shall not be used to abrogate the financial responsibility

4395

of those point and nonpoint sources that have contributed to the

4396

degradation of water or land areas. Increased priority shall be

4397

given by the department and the water management district

4398

governing boards to those projects that have secured a cost-

4399

sharing agreement allocating responsibility for the cleanup of

4400

point and nonpoint sources.

4401

     2.  Twenty-five percent for the purposes of funding projects

4402

pursuant to ss. 373.451-373.459 or surface water restoration

4403

activities in water-management-district-designated priority water

4404

bodies. The Secretary of Environmental Protection shall ensure

4405

that each water management district receives the following

4406

percentage of funds annually:

4407

     a.  Thirty-five percent to the South Florida Water

4408

Management District;

4409

     b.  Twenty-five percent to the Southwest Florida Water

4410

Management District;

4411

     c.  Twenty-five percent to the St. Johns River Water

4412

Management District;

4413

     d.  Seven and one-half percent to the Suwannee River Water

4414

Management District; and

4415

     e.  Seven and one-half percent to the Northwest Florida

4416

Water Management District.

4417

     3.  Twenty-five percent to the Department of Environmental

4418

Protection for the Disadvantaged Small Community Wastewater Grant

4419

Program as provided in s. 403.1838.

4420

4421

Prior to the end of the 2008 Regular Session, the Legislature

4422

must review the distribution of funds under the Water Protection

4423

and Sustainability Program to determine if revisions to the

4424

funding formula are required. At the discretion of the President

4425

of the Senate and the Speaker of the House of Representatives,

4426

the appropriate substantive committees of the Legislature may

4427

conduct an interim project to review the Water Protection and

4428

Sustainability Program and the funding formula and make written

4429

recommendations to the Legislature proposing necessary changes,

4430

if any.

4431

Reviser's note.--Amended to confirm the insertion of the

4432

word "Program" by the editors to conform to the name of the

4433

trust fund at s. 403.891, which creates the fund.

4434

     Section 109.  Section 403.8911, Florida Statutes, is amended

4435

to read:

4436

     403.8911  Annual appropriation from the Water Protection and

4437

Sustainability Program Trust Fund.--

4438

     (1)  Funds paid into the Water Protection and Sustainability

4439

Program Trust Fund pursuant to s. 201.15(1)(d) are hereby

4440

annually appropriated for expenditure for the purposes for which

4441

the Water Protection and Sustainability Program Trust Fund is

4442

established.

4443

     (2) If the Water Protection and Sustainability Program

4444

Trust Fund is not created, such funds are hereby annually

4445

appropriated for expenditure from the Ecosystem Management and

4446

Restoration Trust Fund solely for the purposes established in s.

4447

403.890.

4448

Reviser's note.--Amended to conform to the name of the trust

4449

fund at s. 403.891, which creates the fund.

4450

     Section 110.  Subsections (6), (7), and (12) and paragraph

4451

(b) of subsection (13) of section 403.973, Florida Statutes, are

4452

amended to read:

4453

     403.973  Expedited permitting; comprehensive plan

4454

amendments.--

4455

     (6)  The local government shall hold a duly noticed public

4456

hearing to execute a memorandum of agreement for each qualified

4457

project. Notwithstanding any other provision of law, and at the

4458

option of the local government, the workshop provided for in

4459

subsection (5) (6) may be conducted on the same date as the

4460

public hearing held under this subsection. The memorandum of

4461

agreement that a local government signs shall include a provision

4462

identifying necessary local government procedures and time limits

4463

that will be modified to allow for the local government decision

4464

on the project within 90 days. The memorandum of agreement

4465

applies to projects, on a case-by-case basis, that qualify for

4466

special review and approval as specified in this section. The

4467

memorandum of agreement must make it clear that this expedited

4468

permitting and review process does not modify, qualify, or

4469

otherwise alter existing local government nonprocedural standards

4470

for permit applications, unless expressly authorized by law.

4471

     (7)  At the option of the participating local government,

4472

appeals of its final approval for a project may be pursuant to

4473

the summary hearing provisions of s. 120.574, pursuant to

4474

subsection (14) (15), or pursuant to other appellate processes

4475

available to the local government. The local government's

4476

decision to enter into a summary hearing must be made as provided

4477

in s. 120.574 or in the memorandum of agreement.

4478

     (12)  The applicant, the regional permit action team, and

4479

participating local governments may agree to incorporate into a

4480

single document the permits, licenses, and approvals that are

4481

obtained through the expedited permit process. This consolidated

4482

permit is subject to the summary hearing provisions set forth in

4483

subsection (14) (15).

4484

     (13)  Notwithstanding any other provisions of law:

4485

     (b)  Projects qualified under this section are not subject

4486

to interstate highway level-of-service standards adopted by the

4487

Department of Transportation for concurrency purposes. The

4488

memorandum of agreement specified in subsection (5) (6) must

4489

include a process by which the applicant will be assessed a fair

4490

share of the cost of mitigating the project's significant traffic

4491

impacts, as defined in chapter 380 and related rules. The

4492

agreement must also specify whether the significant traffic

4493

impacts on the interstate system will be mitigated through the

4494

implementation of a project or payment of funds to the Department

4495

of Transportation. Where funds are paid, the Department of

4496

Transportation must include in the 5-year work program

4497

transportation projects or project phases, in an amount equal to

4498

the funds received, to mitigate the traffic impacts associated

4499

with the proposed project.

4500

Reviser's note.--Amended to conform to the repeal of former

4501

subsection (4) by s. 23, ch. 2007-105, Laws Of Florida.

4502

     Section 111.  Subsection (5) of section 408.032, Florida

4503

Statutes, is amended to read:

4504

     408.032  Definitions relating to Health Facility and

4505

Services Development Act.--As used in ss. 408.031-408.045, the

4506

term:

4507

     (5)  "District" means a health service planning district

4508

composed of the following counties:

4509

     District 1.--Escambia, Santa Rosa, Okaloosa, and Walton

4510

Counties.

4511

     District 2.--Holmes, Washington, Bay, Jackson, Franklin,

4512

Gulf, Gadsden, Liberty, Calhoun, Leon, Wakulla, Jefferson,

4513

Madison, and Taylor Counties.

4514

     District 3.--Hamilton, Suwannee, Lafayette, Dixie, Columbia,

4515

Gilchrist, Levy, Union, Bradford, Putnam, Alachua, Marion,

4516

Citrus, Hernando, Sumter, and Lake Counties.

4517

     District 4.--Baker, Nassau, Duval, Clay, St. Johns, Flagler,

4518

and Volusia Counties.

4519

     District 5.--Pasco and Pinellas Counties.

4520

     District 6.--Hillsborough, Manatee, Polk, Hardee, and

4521

Highlands Counties.

4522

     District 7.--Seminole, Orange, Osceola, and Brevard

4523

Counties.

4524

     District 8.--Sarasota, DeSoto, Charlotte, Lee, Glades,

4525

Hendry, and Collier Counties.

4526

     District 9.--Indian River, Okeechobee, St. Lucie, Martin,

4527

and Palm Beach Counties.

4528

     District 10.--Broward County.

4529

     District 11.--Miami-Dade Dade and Monroe Counties.

4530

Reviser's note.--Amended to conform to the redesignation of

4531

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

4532

Dade County Code.

4533

     Section 112.  Paragraph (b) of subsection (2) of section

4534

409.166, Florida Statutes, is amended to read:

4535

     409.166  Children within the child welfare system; adoption

4536

assistance program.--

4537

     (2)  DEFINITIONS.--As used in this section, the term:

4538

     (b)  "Adoption assistance" means financial assistance and

4539

services provided to a child and his or her adoptive family. Such

4540

assistance may include a maintenance subsidy, medical assistance,

4541

Medicaid assistance, and reimbursement of nonrecurring expenses

4542

associated with the legal adoption. The term also includes a

4543

tuition exemption at a postsecondary career program, community

4544

college, or state university, and a state employee adoption

4545

benefit under s. 409.1663 110.152.

4546

Reviser's note.--Amended to conform to the repeal of s.

4547

110.152 by s. 3, ch. 2007-119, Laws of Florida, and the

4548

enactment of similar provisions in s. 409.1663 by s. 1, ch.

4549

2007-119.

4550

     Section 113.  Subsection (2) of section 409.1677, Florida

4551

Statutes, is amended to read:

4552

     409.1677  Model comprehensive residential services

4553

programs.--

4554

     (2)  The department shall establish a model comprehensive

4555

residential services program in Dade and Manatee and Miami-Dade

4556

Counties through a contract with the designated lead agency

4557

established in accordance with s. 409.1671 or with a private

4558

entity capable of providing residential group care and home-based

4559

care and experienced in the delivery of a range of services to

4560

foster children, if no lead agency exists. These model programs

4561

are to serve that portion of eligible children within each county

4562

which is specified in the contract, based on funds appropriated,

4563

to include a full array of services for a fixed price. The

4564

private entity or lead agency is responsible for all programmatic

4565

functions necessary to carry out the intent of this section.

4566

Reviser's note.--Amended to conform to the redesignation of

4567

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

4568

Dade County Code.

4569

     Section 114.  Subsection (2) of section 409.25661, Florida

4570

Statutes, is amended to read:

4571

     409.25661  Public records exemption for insurance claim data

4572

exchange information.--

4573

     (2)  This section is subject to the Open Government Sunset

4574

Review Act of 1995 in accordance with s. 119.15 and shall stand

4575

repealed on October 2, 2009, unless reviewed and saved from

4576

repeal through reenactment by the Legislature.

4577

Reviser's note.--Amended to conform to the renaming of the

4578

"Open Government Sunset Review Act of 1995" as the "Open

4579

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

4580

of Florida.

4581

     Section 115. Subsection (4) of section 413.271, Florida

4582

Statutes, is repealed.

4583

Reviser's note.--Repealed to delete obsolete provisions. The

4584

cited subsection provided that the Florida Coordinating

4585

Council for the Deaf and Hard of Hearing provide reports and

4586

recommendations by January 1, 2005, and January 1, 2006.

4587

     Section 116.  Paragraph (d) of subsection (12) of section

4588

420.5095, Florida Statutes, is amended to read:

4589

     420.5095  Community Workforce Housing Innovation Pilot

4590

Program.--

4591

     (12)  All eligible applications shall:

4592

     (d)  Have grants, donations of land, or contributions from

4593

the public-private partnership or other sources collectively

4594

totaling at least 10 percent of the total development cost or $2

4595

million, whichever is less. Such grants, donations of land, or

4596

contributions must be evidenced by a letter of commitment, an

4597

agreement, contract, deed, memorandum of understanding, or other

4598

written instrument at the time of application. Grants, donations

4599

of land, or contributions in excess of 10 percent of the

4600

development cost shall increase the application score.

4601

Reviser's note.--Amended to confirm the editorial deletion

4602

of the word "an" following the word "commitment" to correct

4603

sentence construction.

4604

     Section 117.  Subsection (2) of section 420.9076, Florida

4605

Statutes, is amended to read:

4606

     420.9076  Adoption of affordable housing incentive

4607

strategies; committees.--

4608

     (2)  The governing board of a county or municipality shall

4609

appoint the members of the affordable housing advisory committee

4610

by resolution. Pursuant to the terms of any interlocal agreement,

4611

a county and municipality may create and jointly appoint an

4612

advisory committee to prepare a joint plan. The ordinance adopted

4613

pursuant to s. 420.9072 which creates the advisory committee or

4614

the resolution appointing the advisory committee members must

4615

provide for 11 committee members and their terms. The committee

4616

must include:

4617

     (a)  One citizen who is actively engaged in the residential

4618

home building industry in connection with affordable housing.

4619

     (b)  One citizen who is actively engaged in the banking or

4620

mortgage banking industry in connection with affordable housing.

4621

     (c)  One citizen who is a representative of those areas of

4622

labor actively engaged in home building in connection with

4623

affordable housing.

4624

     (d)  One citizen who is actively engaged as an advocate for

4625

low-income persons in connection with affordable housing.

4626

     (e)  One citizen who is actively engaged as a for-profit

4627

provider of affordable housing.

4628

     (f)  One citizen who is actively engaged as a not-for-profit

4629

provider of affordable housing.

4630

     (g)  One citizen who is actively engaged as a real estate

4631

professional in connection with affordable housing.

4632

     (h)  One citizen who actively serves on the local planning

4633

agency pursuant to s. 163.3174.

4634

     (i)  One citizen who resides within the jurisdiction of the

4635

local governing body making the appointments.

4636

     (j)  One citizen who represents employers within the

4637

jurisdiction.

4638

     (k)  One citizen who represents essential services

4639

personnel, as defined in the local housing assistance plan.

4640

4641

If a county or eligible municipality whether due to its small

4642

size, the presence of a conflict of interest by prospective

4643

appointees, or other reasonable factor, is unable to appoint a

4644

citizen actively engaged in these activities in connection with

4645

affordable housing, a citizen engaged in the activity without

4646

regard to affordable housing may be appointed. Local governments

4647

that receive the minimum allocation under the State Housing

4648

Initiatives Partnership Program may elect to appoint an

4649

affordable housing advisory committee with fewer than 11

4650

representatives if they are unable to find representatives who

4651

that meet the criteria of paragraphs (a)-(k).

4652

Reviser's note.--Amended to confirm the editorial

4653

substitution of the word "who" for the word "that" to

4654

improve clarity and facilitate correct interpretation.

4655

     Section 118.  Subsection (2) of section 429.35, Florida

4656

Statutes, is amended to read:

4657

     429.35  Maintenance of records; reports.--

4658

     (2)  Within 60 days after the date of the biennial

4659

inspection visit required under s. 408.811 or within 30 days

4660

after the date of any interim visit, the agency shall forward the

4661

results of the inspection to the local ombudsman council in whose

4662

planning and service area, as defined in part II I of chapter

4663

400, the facility is located; to at least one public library or,

4664

in the absence of a public library, the county seat in the county

4665

in which the inspected assisted living facility is located; and,

4666

when appropriate, to the district Adult Services and Mental

4667

Health Program Offices.

4668

Reviser's note.--Amended to correct an erroneous reference.

4669

"Planning and service area" is defined in part II of chapter

4670

400.

4671

     Section 119.  Subsection (1) of section 429.907, Florida

4672

Statutes, is amended to read:

4673

     429.907  License requirement; fee; exemption; display.--

4674

     (1)  The requirements of part II of chapter 408 apply to the

4675

provision of services that require licensure pursuant to this

4676

part and part II of chapter 408 and to entities licensed by or

4677

applying for such licensure from the Agency for Health Care

4678

Administration pursuant to this part. A license issued by the

4679

agency is required in order to operate an adult day care center

4680

in this state.

4681

Reviser's note.--Amended to confirm the editorial insertion

4682

of the word "center" to improve clarity and facilitate

4683

correct interpretation.

4684

     Section 120.  Subsection (4) of section 440.3851, Florida

4685

Statutes, is amended to read:

4686

     440.3851  Public records and public meetings exemptions.--

4687

     (4)  This section is subject to the Open Government Sunset

4688

Review Act of 1995 in accordance with s. 119.15 and shall stand

4689

repealed on October 2, 2010, unless reviewed and saved from

4690

repeal through reenactment by the Legislature.

4691

Reviser's note.--Amended to conform to the renaming of the

4692

"Open Government Sunset Review Act of 1995" as the "Open

4693

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

4694

of Florida.

4695

     Section 121. Paragraph (i) of subsection (5) of section

4696

445.004, Florida Statutes, is repealed.

4697

Reviser's note.--The referenced subsection, which relates to

4698

Enterprise Florida, Inc., working with the Department of

4699

Education and Workforce Florida, Inc., in designating

4700

districts to participate in the CHOICE project under

4701

repealed s. 1003.494, has served its purpose.

4702

     Section 122.  Section 446.43, Florida Statutes, is amended

4703

to read:

4704

     446.43  Scope and coverage of Rural Workforce Services

4705

Program.--The scope of the area to be covered by the Rural

4706

Workforce Services Program will include all counties of the state

4707

not classified as standard metropolitan statistical areas (SMSA)

4708

by the United States Department of Labor Manpower Administration.

4709

Florida's designated SMSA labor areas include: Broward, Miami-

4710

Dade Dade, Duval, Escambia, Hillsborough, Pinellas, Leon, Orange,

4711

and Palm Beach Counties.

4712

Reviser's note.--Amended to conform to the redesignation of

4713

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

4714

Dade County Code.

4715

     Section 123.  Paragraph (g) of subsection (1) of section

4716

468.832, Florida Statutes, is amended to read:

4717

     468.832  Disciplinary proceedings.--

4718

     (1)  The following acts constitute grounds for which the

4719

disciplinary actions in subsection (2) may be taken:

4720

     (g) Engaging in fraud or deceit, or of negligence,

4721

incompetency, or misconduct, in the practice of home inspection

4722

services;

4723

Reviser's note.--Amended to confirm the editorial deletion

4724

of the word "of" preceding the word "negligence" to correct

4725

sentence structure and facilitate correct interpretation.

4726

     Section 124.  Paragraph (c) of subsection (1) of section

4727

468.8419, Florida Statutes, is amended to read:

4728

     468.8419  Prohibitions; penalties.--

4729

     (1)  A mold assessor, a company that employs a mold

4730

assessor, or a company that is controlled by a company that also

4731

has a financial interest in a company employing a mold assessor

4732

may not:

4733

     (c)  Use the name or title "certified mold assessor,"

4734

"registered mold assessor," "licensed mold assessor," "mold

4735

assessor," "professional mold assessor," or any combination

4736

thereof unless the person has complied with the provisions of

4737

this part.

4738

Reviser's note.--Amended to confirm the editorial insertion

4739

of the word "of" to correct sentence structure.

4740

     Section 125.  Paragraph (g) of subsection (1) of section

4741

468.842, Florida Statutes, is amended to read:

4742

     468.842  Disciplinary proceedings.--

4743

     (1)  The following acts constitute grounds for which the

4744

disciplinary actions in subsection (2) may be taken:

4745

     (g) Engaging in fraud or deceit, or of negligence,

4746

incompetency, or misconduct, in the practice of mold assessment

4747

or mold remediation;

4748

Reviser's note.--Amended to confirm the editorial deletion

4749

of the word "of" preceding the word "negligence" to correct

4750

sentence structure and facilitate correct interpretation.

4751

     Section 126.  Subsection (5) of section 477.0135, Florida

4752

Statutes, is amended to read:

4753

     477.0135  Exemptions.--

4754

     (5)  A license is not required of any individual providing

4755

makeup, special effects, or cosmetology services to an actor,

4756

stunt person, musician, extra, or other talent during a

4757

production recognized by the Office of Film and Entertainment as

4758

a qualified production as defined in s. 288.1254(1) 288.1254(2).

4759

Such services are not required to be performed in a licensed

4760

salon. Individuals exempt under this subsection may not provide

4761

such services to the general public.

4762

Reviser's note.--Amended to conform to the substantial

4763

rewording of s. 288.1254 by s. 2, ch. 2007-125, Laws of

4764

Florida; s. 288.1254(1) now defines a qualified production.

4765

     Section 127.  Subsection (6) of section 481.215, Florida

4766

Statutes, is amended to read:

4767

     481.215  Renewal of license.--

4768

     (6)  The board shall require, by rule adopted pursuant to

4769

ss. 120.536(1) and 120.54, a specified number of hours in

4770

specialized or advanced courses, approved by the Florida Building

4771

Commission, on any portion of the Florida Building Code, adopted

4772

pursuant to part IV VII of chapter 553, relating to the

4773

licensee's respective area of practice.

4774

Reviser's note.--Amended to correct an erroneous reference.

4775

Part VII of chapter 553 relates to standards for radon-

4776

resistant buildings; part IV of chapter 553 relates to the

4777

Florida Building Code.

4778

     Section 128.  Subsection (6) of section 481.313, Florida

4779

Statutes, is amended to read:

4780

     481.313  Renewal of license.--

4781

     (6)  The board shall require, by rule adopted pursuant to

4782

ss. 120.536(1) and 120.54, a specified number of hours in

4783

specialized or advanced courses, approved by the Florida Building

4784

Commission, on any portion of the Florida Building Code, adopted

4785

pursuant to part IV VII of chapter 553, relating to the

4786

licensee's respective area of practice.

4787

Reviser's note.--Amended to correct an erroneous reference.

4788

Part VII of chapter 553 relates to standards for radon-

4789

resistant buildings; part IV of chapter 553 relates to the

4790

Florida Building Code.

4791

     Section 129.  Subsection (1) of section 487.048, Florida

4792

Statutes, is amended to read:

4793

     487.048  Dealer's license; records.--

4794

     (1)  Each person holding or offering for sale, selling, or

4795

distributing restricted-use pesticides shall obtain a dealer's

4796

license from the department. Application for the license shall be

4797

made on a form prescribed by the department. The license must be

4798

obtained before entering into business or transferring ownership

4799

of a business. The department may require examination or other

4800

proof of competency of individuals to whom licenses are issued or

4801

of individuals employed by persons to whom licenses are issued.

4802

Demonstration of continued competency may be required for license

4803

renewal, as set by rule. The license shall be renewed annually as

4804

provided by rule. An annual license fee not exceeding $250 shall

4805

be established by rule. However, a user of a restricted-use

4806

pesticide may distribute unopened containers of a properly

4807

labeled pesticide to another user who is legally entitled to use

4808

that restricted-use pesticide without obtaining a pesticide

4809

dealer's license. The exclusive purpose of distribution of the

4810

restricted-use pesticide is to keep it from becoming a hazardous

4811

waste as defined in s. 403.703(13) 403.703(21).

4812

Reviser's note.--Amended to conform to the substantial

4813

rewording of s. 403.703 by s. 6, ch. 2007-184, Laws of

4814

Florida; s. 403.703(13) now defines hazardous waste.

4815

     Section 130.  Paragraph (b) of subsection (4) and subsection

4816

(9) of section 489.115, Florida Statutes, are amended to read:

4817

     489.115  Certification and registration; endorsement;

4818

reciprocity; renewals; continuing education.--

4819

     (4)

4820

     (b)1.  Each certificateholder or registrant shall provide

4821

proof, in a form established by rule of the board, that the

4822

certificateholder or registrant has completed at least 14

4823

classroom hours of at least 50 minutes each of continuing

4824

education courses during each biennium since the issuance or

4825

renewal of the certificate or registration. The board shall

4826

establish by rule that a portion of the required 14 hours must

4827

deal with the subject of workers' compensation, business

4828

practices, workplace safety, and, for applicable licensure

4829

categories, wind mitigation methodologies, and 1 hour of which

4830

must deal with laws and rules. The board shall by rule establish

4831

criteria for the approval of continuing education courses and

4832

providers, including requirements relating to the content of

4833

courses and standards for approval of providers, and may by rule

4834

establish criteria for accepting alternative nonclassroom

4835

continuing education on an hour-for-hour basis. The board shall

4836

prescribe by rule the continuing education, if any, which is

4837

required during the first biennium of initial licensure. A person

4838

who has been licensed for less than an entire biennium must not

4839

be required to complete the full 14 hours of continuing

4840

education.

4841

     2.  In addition, the board may approve specialized

4842

continuing education courses on compliance with the wind

4843

resistance provisions for one and two family dwellings contained

4844

in the Florida Building Code and any alternate methodologies for

4845

providing such wind resistance which have been approved for use

4846

by the Florida Building Commission. Division I certificateholders

4847

or registrants who demonstrate proficiency upon completion of

4848

such specialized courses may certify plans and specifications for

4849

one and two family dwellings to be in compliance with the code or

4850

alternate methodologies, as appropriate, except for dwellings

4851

located in floodways or coastal hazard areas as defined in ss.

4852

60.3D and E of the National Flood Insurance Program.

4853

     3.  Each certificateholder or registrant shall provide to

4854

the board proof of completion of the core curriculum courses, or

4855

passing the equivalency test of the Building Code Training

4856

Program established under s. 553.841, specific to the licensing

4857

category sought, within 2 years after commencement of the program

4858

or of initial certification or registration, whichever is later.

4859

Classroom hours spent taking core curriculum courses shall count

4860

toward the number required for renewal of certificates or

4861

registration. A certificateholder or registrant who passes the

4862

equivalency test in lieu of taking the core curriculum courses

4863

shall receive full credit for core curriculum course hours.

4864

     4.  The board shall require, by rule adopted pursuant to ss.

4865

120.536(1) and 120.54, a specified number of hours in specialized

4866

or advanced module courses, approved by the Florida Building

4867

Commission, on any portion of the Florida Building Code, adopted

4868

pursuant to part IV VII of chapter 553, relating to the

4869

contractor's respective discipline.

4870

     (9)  An initial applicant shall submit, along with the

4871

application, a complete set of fingerprints in a form and manner

4872

required by the department. The fingerprints shall be submitted

4873

to the Department of Law Enforcement for state processing, and

4874

the Department of Law Enforcement shall forward them to the

4875

Federal Bureau of Investigation for the purpose of conducting a

4876

level 2 background check pursuant to s. 435.04. The department

4877

shall and the board may review the background results to

4878

determine if an applicant meets licensure requirements. The cost

4879

for the fingerprint processing shall be borne by the person

4880

subject to the background screening. These fees are to be

4881

collected by the authorized agencies or vendors. The authorized

4882

agencies or vendors are responsible for paying the processing

4883

costs to the Department of Law Enforcement.

4884

Reviser's note.--Paragraph (4)(b) is amended to correct an

4885

erroneous reference. Part VII of chapter 553 relates to

4886

standards for radon-resistant buildings; part IV of chapter

4887

553 relates to the Florida Building Code. Subsection (9) is

4888

amended to confirm the editorial insertion of the word "of"

4889

to correct sentence construction.

4890

     Section 131.  Paragraph (h) of subsection (1) of section

4891

489.127, Florida Statutes, is amended to read:

4892

     489.127  Prohibitions; penalties.--

4893

     (1)  No person shall:

4894

     (h)  Commence or perform work for which a building permit is

4895

required pursuant to part IV VII of chapter 553 without such

4896

building permit being in effect; or

4897

4898

For purposes of this subsection, a person or business

4899

organization operating on an inactive or suspended certificate,

4900

registration, or certificate of authority is not duly certified

4901

or registered and is considered unlicensed. A business tax

4902

receipt issued under the authority of chapter 205 is not a

4903

license for purposes of this part.

4904

Reviser's note.--Amended to correct an erroneous reference.

4905

Part VII of chapter 553 relates to standards for radon-

4906

resistant buildings; part IV of chapter 553 relates to the

4907

Florida Building Code and required building permits.

4908

     Section 132.  Subsection (6) of section 489.517, Florida

4909

Statutes, is amended to read:

4910

     489.517  Renewal of certificate or registration; continuing

4911

education.--

4912

     (6)  The board shall require, by rule adopted pursuant to

4913

ss. 120.536(1) and 120.54, a specialized number of hours in

4914

specialized or advanced module courses, approved by the Florida

4915

Building Commission, on any portion of the Florida Building Code,

4916

adopted pursuant to part IV VII of chapter 553, relating to the

4917

contractor's respective discipline.

4918

Reviser's note.--Amended to correct an erroneous reference.

4919

Part VII of chapter 553 relates to standards for radon-

4920

resistant buildings; part IV of chapter 553 relates to the

4921

Florida Building Code.

4922

     Section 133.  Paragraph (i) of subsection (1) of section

4923

489.531, Florida Statutes, is amended to read:

4924

     489.531  Prohibitions; penalties.--

4925

     (1)  A person may not:

4926

     (i)  Commence or perform work for which a building permit is

4927

required pursuant to part IV VII of chapter 553 without the

4928

building permit being in effect; or

4929

Reviser's note.--Amended to correct an erroneous reference.

4930

Part VII of chapter 553 relates to standards for radon-

4931

resistant buildings; part IV of chapter 553 relates to the

4932

Florida Building Code.

4933

     Section 134.  Subsection (5) of section 497.172, Florida

4934

Statutes, is amended to read:

4935

     497.172  Public records exemptions; public meetings

4936

exemptions.--

4937

     (5)  REVIEW AND REPEAL.--This section is subject to the Open

4938

Government Sunset Review Act of 1995 in accordance with s.

4939

119.15, and shall stand repealed on October 2, 2010, unless

4940

reviewed and saved from repeal through reenactment by the

4941

Legislature.

4942

Reviser's note.--Amended to conform to the renaming of the

4943

"Open Government Sunset Review Act of 1995" as the "Open

4944

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

4945

of Florida.

4946

     Section 135.  Subsection (3) of section 497.271, Florida

4947

Statutes, is amended to read:

4948

     497.271  Standards for construction and significant

4949

alteration or renovation of mausoleums and columbaria.--

4950

     (3)  The licensing authority shall transmit the rules as

4951

adopted under subsection (2), hereinafter referred to as the

4952

"mausoleum standards," to the Florida Building Commission, which

4953

shall initiate rulemaking under chapter 120 to consider such

4954

mausoleum standards. If such mausoleum standards are not deemed

4955

acceptable, they shall be returned by the Florida Building

4956

Commission to the licensing authority with details of changes

4957

needed to make them acceptable. If such mausoleum standards are

4958

acceptable, the Florida Building Commission shall adopt a rule

4959

designating the mausoleum standards as an approved revision to

4960

the State Minimum Building Codes under part IV VII of chapter

4961

553. When so designated by the Florida Building Commission, such

4962

mausoleum standards shall become a required element of the State

4963

Minimum Building Codes under s. 553.73(2) and shall be

4964

transmitted to each local enforcement agency, as defined in s.

4965

553.71(5). Such local enforcement agency shall consider and

4966

inspect for compliance with such mausoleum standards as if they

4967

were part of the local building code, but shall have no

4968

continuing duty to inspect after final approval of the

4969

construction pursuant to the local building code. Any further

4970

amendments to the mausoleum standards shall be accomplished by

4971

the same procedure. Such designated mausoleum standards, as from

4972

time to time amended, shall be a part of the State Minimum

4973

Building Codes under s. 553.73 until the adoption and effective

4974

date of a new statewide uniform minimum building code, which may

4975

supersede the mausoleum standards as provided by the law enacting

4976

the new statewide uniform minimum building code.

4977

Reviser's note.--Amended to correct an erroneous reference.

4978

Part VII of chapter 553 relates to standards for radon-

4979

resistant buildings; part IV of chapter 553 relates to the

4980

Florida Building Code.

4981

     Section 136. Paragraph (b) of subsection (8) of section

4982

497.466, Florida Statutes, is repealed.

4983

Reviser's note.--The cited paragraph, which provided that

4984

persons holding preneed sales agent licenses in good

4985

standing under former s. 497.439 as of September 30, 2005,

4986

were deemed to hold permanent preneed sales agent licenses

4987

or licenses by appointment by preneed licensees as of

4988

October 1, 2005, has served its purpose. Section 497.439 was

4989

redesignated as s. 497.466, effective October 1, 2005, by s.

4990

115, ch. 2004-301, Laws of Florida.

4991

     Section 137.  Subsection (3) of section 500.148, Florida

4992

Statutes, is amended to read:

4993

     500.148  Reports and dissemination of information;

4994

confidentiality.--

4995

     (3)  Information deemed confidential under 21 C.F.R. part

4996

20.61, part 20.62, or part 20.88, or 5 U.S.C. s. 552(b), and

4997

which is provided to the department during a joint food safety or

4998

food illness investigation, as a requirement for conducting a

4999

federal-state contract or partnership activity, or for regulatory

5000

review, is confidential and exempt from s. 119.07(1) and s.

5001

24(a), Art. I of the State Constitution. Such information may not

5002

be disclosed except under a final determination by the

5003

appropriate federal agencies that such records are no longer

5004

entitled to protection, or pursuant to an order of the court.

5005

This section is subject to the Open Government Sunset Review Act

5006

of 1995 in accordance with s. 119.15, and shall stand repealed on

5007

October 2, 2008, unless reviewed and saved from repeal through

5008

reenactment by the Legislature.

5009

Reviser's note.--Amended to conform to the renaming of the

5010

"Open Government Sunset Review Act of 1995" as the "Open

5011

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

5012

of Florida.

5013

     Section 138.  Paragraph (b) of subsection (1) of section

5014

501.022, Florida Statutes, is amended to read:

5015

     501.022  Home solicitation sale; permit required.--

5016

     (1)

5017

     (b)  The following are excluded from the operation of this

5018

section:

5019

     1.  Bona fide agents, business representatives, or

5020

salespersons making calls or soliciting orders at the usual place

5021

of business of a customer regarding products or services for use

5022

in connection with the customer's business.

5023

     2.  Solicitors, salespersons, or agents making a call or

5024

business visit upon the express invitation, oral or written, of

5025

an inhabitant of the premises or her or his agent.

5026

     3.  Telephone solicitors, salespersons, or agents making

5027

calls which involve transactions that are unsolicited by the

5028

consumer and consummated by telephone and without any other

5029

contact between the buyer and the seller or its representative

5030

prior to delivery of the goods or performance of the services.

5031

     4.  Solicitors, salespersons, or agents conducting a sale,

5032

lease, or rental of consumer goods or services by sample,

5033

catalog, or brochure for future delivery.

5034

     5.  Minors, as defined in s. 1.01(13), conducting home

5035

solicitation sales under the supervision of an adult supervisor

5036

who holds a valid home solicitation sale permit. Minors excluded

5037

from operation of this section must, however, carry personal

5038

identification which includes their full name, date of birth,

5039

residence address, and employer and the name and permit number of

5040

their adult supervisor.

5041

     6.  Those sellers or their representatives that are

5042

currently regulated as to the sale of goods and services by

5043

chapter 475 or chapter 497.

5044

     7.  Solicitors, salespersons, or agents making calls or

5045

soliciting orders on behalf of a religious, charitable,

5046

scientific, educational, or veterans' institution or organization

5047

holding a sales tax exemption certificate under s. 212.08(7)

5048

212.08(7)(a).

5049

Reviser's note.--Amended to correct an erroneous reference.

5050

     Section 139.  Subsection (11) of section 501.976, Florida

5051

Statutes, is amended to read:

5052

     501.976  Actionable, unfair, or deceptive acts or

5053

practices.--It is an unfair or deceptive act or practice,

5054

actionable under the Florida Deceptive and Unfair Trade Practices

5055

Act, for a dealer to:

5056

     (11)  Add to the cash price of a vehicle as defined in s.

5057

520.02(2) any fee or charge other than those provided in that

5058

section and in rule 69V-50.001 3D-50.001, Florida Administrative

5059

Code. All fees or charges permitted to be added to the cash price

5060

by rule 69V-50.001 3D-50.001, Florida Administrative Code, must

5061

be fully disclosed to customers in all binding contracts

5062

concerning the vehicle's selling price.

5063

5064

In any civil litigation resulting from a violation of this

5065

section, when evaluating the reasonableness of an award of

5066

attorney's fees to a private person, the trial court shall

5067

consider the amount of actual damages in relation to the time

5068

spent.

5069

Reviser's note.--Amended to conform to the redesignation of

5070

rule 3D-50.001 as rule 69V-50.001, Florida Administrative

5071

Code.

5072

     Section 140.  Paragraph (f) of subsection (10) of section

5073

553.73, Florida Statutes, is amended to read:

5074

     553.73  Florida Building Code.--

5075

     (10)

5076

     (f)  All decisions of the local building official and local

5077

fire official and all decisions of the administrative board shall

5078

be in writing and shall be binding upon all persons but shall not

5079

limit the authority of the State Fire Marshal or the Florida

5080

Building Commission pursuant to paragraph (1)(d) and ss. 633.01

5081

663.01 and 633.161. Decisions of general application shall be

5082

indexed by building and fire code sections and shall be available

5083

for inspection during normal business hours.

5084

Reviser's note.--Amended to correct a reference and conform

5085

to context. Section 663.01 provides definitions relating to

5086

international banking corporations; s. 633.01 provides for

5087

powers and duties of the State Fire Marshal.

5088

     Section 141.  Paragraph (b) of subsection (15) of section

5089

553.791, Florida Statutes, is amended to read:

5090

     553.791  Alternative plans review and inspection.--

5091

     (15)

5092

     (b)  A local enforcement agency, local building official, or

5093

local government may establish, for private providers and duly

5094

authorized representatives working within that jurisdiction, a

5095

system of registration to verify compliance with the licensure

5096

requirements of paragraph (1)(i) (1)(g) and the insurance

5097

requirements of subsection (16).

5098

Reviser's note.--Amended to conform to the redesignation of

5099

paragraph (1)(g) as paragraph (1)(i) by s. 6, ch. 2007-187,

5100

Laws of Florida.

5101

     Section 142.  Subsection (11) of section 610.104, Florida

5102

Statutes, is amended to read:

5103

     610.104  State authorization to provide cable or video

5104

service.--

5105

     (11)  The application shall be accompanied by a one-time fee

5106

of $10,000. A parent company may file a single application

5107

covering itself and all of its subsidiaries and affiliates

5108

intending to provide cable or video service in the service areas

5109

throughout the state as described in subparagraph (2)(e)5.

5110

paragraph (3)(d), but the entity actually providing such service

5111

in a given area shall otherwise be considered the

5112

certificateholder under this act.

5113

Reviser's note.--Amended to correct a reference. Subsection

5114

(3) is not divided into paragraphs; subparagraph (2)(e)5.

5115

describes service areas.

5116

     Section 143.  Subsection (2) of section 617.0802, Florida

5117

Statutes, is amended to read:

5118

     617.0802  Qualifications of directors.--

5119

     (2)  In the event that the eligibility to serve as a member

5120

of the board of directors of a condominium association,

5121

cooperative association, homeowners' association, or mobile home

5122

owners' association is restricted to membership in such

5123

association and membership is appurtenant to ownership of a unit,

5124

parcel, or mobile home, a grantor of a trust described in s.

5125

733.707(3), or a beneficiary as defined in former s.

5126

737.303(4)(b) of a trust which owns a unit, parcel, or mobile

5127

home shall be deemed a member of the association and eligible to

5128

serve as a director of the condominium association, cooperative

5129

association, homeowners' association, or mobile home owners'

5130

association, provided that said beneficiary occupies the unit,

5131

parcel, or mobile home.

5132

Reviser's note.--Amended to clarify the status of s.

5133

737.303, which was repealed by s. 48, ch. 2006-217, Laws of

5134

Florida.

5135

     Section 144.  Paragraph (e) of subsection (2) of section

5136

624.316, Florida Statutes, is amended to read:

5137

     624.316  Examination of insurers.--

5138

     (2)

5139

     (e)  The commission shall adopt rules providing that an

5140

examination under this section may be conducted by independent

5141

certified public accountants, actuaries, investment specialists,

5142

information technology specialists, and reinsurance specialists

5143

meeting criteria specified by rule. The rules shall provide:

5144

     1.  That the rates charged to the insurer being examined are

5145

consistent with rates charged by other firms in a similar

5146

profession and are comparable with the rates charged for

5147

comparable examinations.

5148

     2.  That the firm selected by the office to perform the

5149

examination has no conflicts of interest that might affect its

5150

ability to independently perform its responsibilities on the

5151

examination.

5152

     3.  That the insurer being examined must make payment for

5153

the examination pursuant to s. 624.320(1) 624.320(2) in

5154

accordance with the rates and terms established by the office and

5155

the firm performing the examination.

5156

Reviser's note.--Amended to correct a reference and conform

5157

to context. Section 624.320(2) relates to deposit of the

5158

collected moneys into a specified trust fund; s. 624.320(1)

5159

relates to insurer payment for examination.

5160

     Section 145.  Paragraph (e) of subsection (3) of section

5161

627.0628, Florida Statutes, is amended to read:

5162

     627.0628  Florida Commission on Hurricane Loss Projection

5163

Methodology; public records exemption; public meetings

5164

exemption.--

5165

     (3)  ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.--

5166

     (e)1.  A trade secret, as defined in s. 812.081, that is

5167

used in designing and constructing a hurricane loss model and

5168

that is provided pursuant to this section, by a private company,

5169

to the commission, office, or consumer advocate appointed

5170

pursuant to s. 627.0613, is confidential and exempt from s.

5171

119.07(1) and s. 24(a), Art. I of the State Constitution.

5172

     2.  That portion of a meeting of the commission or of a rate

5173

proceeding on an insurer's rate filing at which a trade secret

5174

made confidential and exempt by this paragraph is discussed is

5175

exempt from s. 286.011 and s. 24(b), Art. I of the State

5176

Constitution.

5177

     3.  This paragraph is subject to the Open Government Sunset

5178

Review Act of 1995 in accordance with s. 119.15, and shall stand

5179

repealed on October 2, 2010, unless reviewed and saved from

5180

repeal through reenactment by the Legislature.

5181

Reviser's note.--Amended to conform to the renaming of the

5182

"Open Government Sunset Review Act of 1995" as the "Open

5183

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

5184

of Florida.

5185

     Section 146.  Subsection (3) of section 627.06292, Florida

5186

Statutes, is amended to read:

5187

     627.06292  Reports of hurricane loss data and associated

5188

exposure data; public records exemption.--

5189

     (3)  This section is subject to the Open Government Sunset

5190

Review Act of 1995 in accordance with s. 119.15, and shall stand

5191

repealed on October 2, 2010, unless reviewed and saved from

5192

repeal through reenactment by the Legislature.

5193

Reviser's note.--Amended to conform to the renaming of the

5194

"Open Government Sunset Review Act of 1995" as the "Open

5195

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

5196

of Florida.

5197

     Section 147.  Paragraph (b) of subsection (4) and paragraph

5198

(m) of subsection (5) of section 627.311, Florida Statutes, are

5199

amended to read:

5200

     627.311  Joint underwriters and joint reinsurers; public

5201

records and public meetings exemptions.--

5202

     (4)  The Florida Automobile Joint Underwriting Association:

5203

     (b)  Shall keep portions of association meetings during

5204

which confidential and exempt underwriting files or confidential

5205

and exempt claims files are discussed exempt from the provisions

5206

of s. 286.011 and s. 24(b), Art. I of the State Constitution. All

5207

closed portions of association meetings shall be recorded by a

5208

court reporter. The court reporter shall record the times of

5209

commencement and termination of the meeting, all discussion and

5210

proceedings, the names of all persons present at any time, and

5211

the names of all persons speaking. No portion of any closed

5212

meeting shall be off the record. Subject to the provisions of

5213

this paragraph and s. 119.07(1)(d)-(f) 119.07(1)(e)-(g), the

5214

court reporter's notes of any closed meeting shall be retained by

5215

the association for a minimum of 5 years. A copy of the

5216

transcript, less any confidential and exempt information, of any

5217

closed meeting during which confidential and exempt claims files

5218

are discussed shall become public as to individual claims files

5219

after settlement of that claim.

5220

     (5)

5221

     (m)  Senior managers and officers, as defined in the plan of

5222

operation, and members of the board of governors are subject to

5223

the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145,

5224

112.316, and 112.317. Senior managers, officers, and board

5225

members are also required to file such disclosures with the

5226

Commission on Ethics and the Office of Insurance Regulation. The

5227

executive director of the plan or his or her designee shall

5228

notify each newly appointed and existing appointed member of the

5229

board of governors, senior manager, and officer of his or her

5230

duty to comply with the reporting requirements of s. 112.3145

5231

112.345. At least quarterly, the executive director of the plan

5232

or his or her designee shall submit to the Commission on Ethics a

5233

list of names of the senior managers, officers, and members of

5234

the board of governors who are subject to the public disclosure

5235

requirements under s. 112.3145. Notwithstanding s. 112.313, an

5236

employee, officer, owner, or director of an insurance agency,

5237

insurance company, or other insurance entity may be a member of

5238

the board of governors unless such employee, officer, owner, or

5239

director of an insurance agency, insurance company, other

5240

insurance entity, or an affiliate provides policy issuance,

5241

policy administration, underwriting, claims handling, or payroll

5242

audit services. Notwithstanding s. 112.3143, such board member

5243

may not participate in or vote on a matter if the insurance

5244

agency, insurance company, or other insurance entity would obtain

5245

a special or unique benefit that would not apply to other

5246

similarly situated insurance entities.

5247

Reviser's note.--Paragraph (4)(b) is amended to conform to

5248

the redesignation of s. 119.07(1)(b)-(d) as s. 119.07(1)(d)-

5249

(f) by s. 1, ch. 2007-39, Laws of Florida, and to correct

5250

the reference by s. 3, ch. 2007-39. Paragraph (5)(m) is

5251

amended to correct a reference and conform to context.

5252

Section 112.345 does not exist; s. 112.3145 relates to

5253

reporting requirements.

5254

     Section 148.  Paragraph (b) of subsection (2) and paragraphs

5255

(c), (n), (v), and (w) of subsection (6) of section 627.351,

5256

Florida Statutes, are amended to read:

5257

     627.351  Insurance risk apportionment plans.--

5258

     (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--

5259

     (b)  The department shall require all insurers holding a

5260

certificate of authority to transact property insurance on a

5261

direct basis in this state, other than joint underwriting

5262

associations and other entities formed pursuant to this section,

5263

to provide windstorm coverage to applicants from areas determined

5264

to be eligible pursuant to paragraph (c) who in good faith are

5265

entitled to, but are unable to procure, such coverage through

5266

ordinary means; or it shall adopt a reasonable plan or plans for

5267

the equitable apportionment or sharing among such insurers of

5268

windstorm coverage, which may include formation of an association

5269

for this purpose. As used in this subsection, the term "property

5270

insurance" means insurance on real or personal property, as

5271

defined in s. 624.604, including insurance for fire, industrial

5272

fire, allied lines, farmowners multiperil, homeowners'

5273

multiperil, commercial multiperil, and mobile homes, and

5274

including liability coverages on all such insurance, but

5275

excluding inland marine as defined in s. 624.607(3) and excluding

5276

vehicle insurance as defined in s. 624.605(1)(a) other than

5277

insurance on mobile homes used as permanent dwellings. The

5278

department shall adopt rules that provide a formula for the

5279

recovery and repayment of any deferred assessments.

5280

     1.  For the purpose of this section, properties eligible for

5281

such windstorm coverage are defined as dwellings, buildings, and

5282

other structures, including mobile homes which are used as

5283

dwellings and which are tied down in compliance with mobile home

5284

tie-down requirements prescribed by the Department of Highway

5285

Safety and Motor Vehicles pursuant to s. 320.8325, and the

5286

contents of all such properties. An applicant or policyholder is

5287

eligible for coverage only if an offer of coverage cannot be

5288

obtained by or for the applicant or policyholder from an admitted

5289

insurer at approved rates.

5290

     2.a.(I)  All insurers required to be members of such

5291

association shall participate in its writings, expenses, and

5292

losses. Surplus of the association shall be retained for the

5293

payment of claims and shall not be distributed to the member

5294

insurers. Such participation by member insurers shall be in the

5295

proportion that the net direct premiums of each member insurer

5296

written for property insurance in this state during the preceding

5297

calendar year bear to the aggregate net direct premiums for

5298

property insurance of all member insurers, as reduced by any

5299

credits for voluntary writings, in this state during the

5300

preceding calendar year. For the purposes of this subsection, the

5301

term "net direct premiums" means direct written premiums for

5302

property insurance, reduced by premium for liability coverage and

5303

for the following if included in allied lines: rain and hail on

5304

growing crops; livestock; association direct premiums booked;

5305

National Flood Insurance Program direct premiums; and similar

5306

deductions specifically authorized by the plan of operation and

5307

approved by the department. A member's participation shall begin

5308

on the first day of the calendar year following the year in which

5309

it is issued a certificate of authority to transact property

5310

insurance in the state and shall terminate 1 year after the end

5311

of the calendar year during which it no longer holds a

5312

certificate of authority to transact property insurance in the

5313

state. The commissioner, after review of annual statements, other

5314

reports, and any other statistics that the commissioner deems

5315

necessary, shall certify to the association the aggregate direct

5316

premiums written for property insurance in this state by all

5317

member insurers.

5318

     (II)  Effective July 1, 2002, the association shall operate

5319

subject to the supervision and approval of a board of governors

5320

who are the same individuals that have been appointed by the

5321

Treasurer to serve on the board of governors of the Citizens

5322

Property Insurance Corporation.

5323

     (III)  The plan of operation shall provide a formula whereby

5324

a company voluntarily providing windstorm coverage in affected

5325

areas will be relieved wholly or partially from apportionment of

5326

a regular assessment pursuant to sub-sub-subparagraph d.(I) or

5327

sub-sub-subparagraph d.(II).

5328

     (IV)  A company which is a member of a group of companies

5329

under common management may elect to have its credits applied on

5330

a group basis, and any company or group may elect to have its

5331

credits applied to any other company or group.

5332

     (V)  There shall be no credits or relief from apportionment

5333

to a company for emergency assessments collected from its

5334

policyholders under sub-sub-subparagraph d.(III).

5335

     (VI)  The plan of operation may also provide for the award

5336

of credits, for a period not to exceed 3 years, from a regular

5337

assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub-

5338

subparagraph d.(II) as an incentive for taking policies out of

5339

the Residential Property and Casualty Joint Underwriting

5340

Association. In order to qualify for the exemption under this

5341

sub-sub-subparagraph, the take-out plan must provide that at

5342

least 40 percent of the policies removed from the Residential

5343

Property and Casualty Joint Underwriting Association cover risks

5344

located in Miami-Dade Dade, Broward, and Palm Beach Counties or

5345

at least 30 percent of the policies so removed cover risks

5346

located in Miami-Dade Dade, Broward, and Palm Beach Counties and

5347

an additional 50 percent of the policies so removed cover risks

5348

located in other coastal counties, and must also provide that no

5349

more than 15 percent of the policies so removed may exclude

5350

windstorm coverage. With the approval of the department, the

5351

association may waive these geographic criteria for a take-out

5352

plan that removes at least the lesser of 100,000 Residential

5353

Property and Casualty Joint Underwriting Association policies or

5354

15 percent of the total number of Residential Property and

5355

Casualty Joint Underwriting Association policies, provided the

5356

governing board of the Residential Property and Casualty Joint

5357

Underwriting Association certifies that the take-out plan will

5358

materially reduce the Residential Property and Casualty Joint

5359

Underwriting Association's 100-year probable maximum loss from

5360

hurricanes. With the approval of the department, the board may

5361

extend such credits for an additional year if the insurer

5362

guarantees an additional year of renewability for all policies

5363

removed from the Residential Property and Casualty Joint

5364

Underwriting Association, or for 2 additional years if the

5365

insurer guarantees 2 additional years of renewability for all

5366

policies removed from the Residential Property and Casualty Joint

5367

Underwriting Association.

5368

     b.  Assessments to pay deficits in the association under

5369

this subparagraph shall be included as an appropriate factor in

5370

the making of rates as provided in s. 627.3512.

5371

     c.  The Legislature finds that the potential for unlimited

5372

deficit assessments under this subparagraph may induce insurers

5373

to attempt to reduce their writings in the voluntary market, and

5374

that such actions would worsen the availability problems that the

5375

association was created to remedy. It is the intent of the

5376

Legislature that insurers remain fully responsible for paying

5377

regular assessments and collecting emergency assessments for any

5378

deficits of the association; however, it is also the intent of

5379

the Legislature to provide a means by which assessment

5380

liabilities may be amortized over a period of years.

5381

     d.(I)  When the deficit incurred in a particular calendar

5382

year is 10 percent or less of the aggregate statewide direct

5383

written premium for property insurance for the prior calendar

5384

year for all member insurers, the association shall levy an

5385

assessment on member insurers in an amount equal to the deficit.

5386

     (II)  When the deficit incurred in a particular calendar

5387

year exceeds 10 percent of the aggregate statewide direct written

5388

premium for property insurance for the prior calendar year for

5389

all member insurers, the association shall levy an assessment on

5390

member insurers in an amount equal to the greater of 10 percent

5391

of the deficit or 10 percent of the aggregate statewide direct

5392

written premium for property insurance for the prior calendar

5393

year for member insurers. Any remaining deficit shall be

5394

recovered through emergency assessments under sub-sub-

5395

subparagraph (III).

5396

     (III)  Upon a determination by the board of directors that a

5397

deficit exceeds the amount that will be recovered through regular

5398

assessments on member insurers, pursuant to sub-sub-subparagraph

5399

(I) or sub-sub-subparagraph (II), the board shall levy, after

5400

verification by the department, emergency assessments to be

5401

collected by member insurers and by underwriting associations

5402

created pursuant to this section which write property insurance,

5403

upon issuance or renewal of property insurance policies other

5404

than National Flood Insurance policies in the year or years

5405

following levy of the regular assessments. The amount of the

5406

emergency assessment collected in a particular year shall be a

5407

uniform percentage of that year's direct written premium for

5408

property insurance for all member insurers and underwriting

5409

associations, excluding National Flood Insurance policy premiums,

5410

as annually determined by the board and verified by the

5411

department. The department shall verify the arithmetic

5412

calculations involved in the board's determination within 30 days

5413

after receipt of the information on which the determination was

5414

based. Notwithstanding any other provision of law, each member

5415

insurer and each underwriting association created pursuant to

5416

this section shall collect emergency assessments from its

5417

policyholders without such obligation being affected by any

5418

credit, limitation, exemption, or deferment. The emergency

5419

assessments so collected shall be transferred directly to the

5420

association on a periodic basis as determined by the association.

5421

The aggregate amount of emergency assessments levied under this

5422

sub-sub-subparagraph in any calendar year may not exceed the

5423

greater of 10 percent of the amount needed to cover the original

5424

deficit, plus interest, fees, commissions, required reserves, and

5425

other costs associated with financing of the original deficit, or

5426

10 percent of the aggregate statewide direct written premium for

5427

property insurance written by member insurers and underwriting

5428

associations for the prior year, plus interest, fees,

5429

commissions, required reserves, and other costs associated with

5430

financing the original deficit. The board may pledge the proceeds

5431

of the emergency assessments under this sub-sub-subparagraph as

5432

the source of revenue for bonds, to retire any other debt

5433

incurred as a result of the deficit or events giving rise to the

5434

deficit, or in any other way that the board determines will

5435

efficiently recover the deficit. The emergency assessments under

5436

this sub-sub-subparagraph shall continue as long as any bonds

5437

issued or other indebtedness incurred with respect to a deficit

5438

for which the assessment was imposed remain outstanding, unless

5439

adequate provision has been made for the payment of such bonds or

5440

other indebtedness pursuant to the document governing such bonds

5441

or other indebtedness. Emergency assessments collected under this

5442

sub-sub-subparagraph are not part of an insurer's rates, are not

5443

premium, and are not subject to premium tax, fees, or

5444

commissions; however, failure to pay the emergency assessment

5445

shall be treated as failure to pay premium.

5446

     (IV)  Each member insurer's share of the total regular

5447

assessments under sub-sub-subparagraph (I) or sub-sub-

5448

subparagraph (II) shall be in the proportion that the insurer's

5449

net direct premium for property insurance in this state, for the

5450

year preceding the assessment bears to the aggregate statewide

5451

net direct premium for property insurance of all member insurers,

5452

as reduced by any credits for voluntary writings for that year.

5453

     (V)  If regular deficit assessments are made under sub-sub-

5454

subparagraph (I) or sub-sub-subparagraph (II), or by the

5455

Residential Property and Casualty Joint Underwriting Association

5456

under sub-subparagraph (6)(b)3.a. or sub-subparagraph (6)(b)3.b.,

5457

the association shall levy upon the association's policyholders,

5458

as part of its next rate filing, or by a separate rate filing

5459

solely for this purpose, a market equalization surcharge in a

5460

percentage equal to the total amount of such regular assessments

5461

divided by the aggregate statewide direct written premium for

5462

property insurance for member insurers for the prior calendar

5463

year. Market equalization surcharges under this sub-sub-

5464

subparagraph are not considered premium and are not subject to

5465

commissions, fees, or premium taxes; however, failure to pay a

5466

market equalization surcharge shall be treated as failure to pay

5467

premium.

5468

     e.  The governing body of any unit of local government, any

5469

residents of which are insured under the plan, may issue bonds as

5470

defined in s. 125.013 or s. 166.101 to fund an assistance

5471

program, in conjunction with the association, for the purpose of

5472

defraying deficits of the association. In order to avoid needless

5473

and indiscriminate proliferation, duplication, and fragmentation

5474

of such assistance programs, any unit of local government, any

5475

residents of which are insured by the association, may provide

5476

for the payment of losses, regardless of whether or not the

5477

losses occurred within or outside of the territorial jurisdiction

5478

of the local government. Revenue bonds may not be issued until

5479

validated pursuant to chapter 75, unless a state of emergency is

5480

declared by executive order or proclamation of the Governor

5481

pursuant to s. 252.36 making such findings as are necessary to

5482

determine that it is in the best interests of, and necessary for,

5483

the protection of the public health, safety, and general welfare

5484

of residents of this state and the protection and preservation of

5485

the economic stability of insurers operating in this state, and

5486

declaring it an essential public purpose to permit certain

5487

municipalities or counties to issue bonds as will provide relief

5488

to claimants and policyholders of the association and insurers

5489

responsible for apportionment of plan losses. Any such unit of

5490

local government may enter into such contracts with the

5491

association and with any other entity created pursuant to this

5492

subsection as are necessary to carry out this paragraph. Any

5493

bonds issued under this sub-subparagraph shall be payable from

5494

and secured by moneys received by the association from

5495

assessments under this subparagraph, and assigned and pledged to

5496

or on behalf of the unit of local government for the benefit of

5497

the holders of such bonds. The funds, credit, property, and

5498

taxing power of the state or of the unit of local government

5499

shall not be pledged for the payment of such bonds. If any of the

5500

bonds remain unsold 60 days after issuance, the department shall

5501

require all insurers subject to assessment to purchase the bonds,

5502

which shall be treated as admitted assets; each insurer shall be

5503

required to purchase that percentage of the unsold portion of the

5504

bond issue that equals the insurer's relative share of assessment

5505

liability under this subsection. An insurer shall not be required

5506

to purchase the bonds to the extent that the department

5507

determines that the purchase would endanger or impair the

5508

solvency of the insurer. The authority granted by this sub-

5509

subparagraph is additional to any bonding authority granted by

5510

subparagraph 6.

5511

     3.  The plan shall also provide that any member with a

5512

surplus as to policyholders of $20 million or less writing 25

5513

percent or more of its total countrywide property insurance

5514

premiums in this state may petition the department, within the

5515

first 90 days of each calendar year, to qualify as a limited

5516

apportionment company. The apportionment of such a member company

5517

in any calendar year for which it is qualified shall not exceed

5518

its gross participation, which shall not be affected by the

5519

formula for voluntary writings. In no event shall a limited

5520

apportionment company be required to participate in any

5521

apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)

5522

or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds

5523

$50 million after payment of available plan funds in any calendar

5524

year. However, a limited apportionment company shall collect from

5525

its policyholders any emergency assessment imposed under sub-sub-

5526

subparagraph 2.d.(III). The plan shall provide that, if the

5527

department determines that any regular assessment will result in

5528

an impairment of the surplus of a limited apportionment company,

5529

the department may direct that all or part of such assessment be

5530

deferred. However, there shall be no limitation or deferment of

5531

an emergency assessment to be collected from policyholders under

5532

sub-sub-subparagraph 2.d.(III).

5533

     4.  The plan shall provide for the deferment, in whole or in

5534

part, of a regular assessment of a member insurer under sub-sub-

5535

subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but not

5536

for an emergency assessment collected from policyholders under

5537

sub-sub-subparagraph 2.d.(III), if, in the opinion of the

5538

commissioner, payment of such regular assessment would endanger

5539

or impair the solvency of the member insurer. In the event a

5540

regular assessment against a member insurer is deferred in whole

5541

or in part, the amount by which such assessment is deferred may

5542

be assessed against the other member insurers in a manner

5543

consistent with the basis for assessments set forth in sub-sub-

5544

subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).

5545

     5.a.  The plan of operation may include deductibles and

5546

rules for classification of risks and rate modifications

5547

consistent with the objective of providing and maintaining funds

5548

sufficient to pay catastrophe losses.

5549

     b.  The association may require arbitration of a rate filing

5550

under s. 627.062(6). It is the intent of the Legislature that the

5551

rates for coverage provided by the association be actuarially

5552

sound and not competitive with approved rates charged in the

5553

admitted voluntary market such that the association functions as

5554

a residual market mechanism to provide insurance only when the

5555

insurance cannot be procured in the voluntary market. The plan of

5556

operation shall provide a mechanism to assure that, beginning no

5557

later than January 1, 1999, the rates charged by the association

5558

for each line of business are reflective of approved rates in the

5559

voluntary market for hurricane coverage for each line of business

5560

in the various areas eligible for association coverage.

5561

     c.  The association shall provide for windstorm coverage on

5562

residential properties in limits up to $10 million for commercial

5563

lines residential risks and up to $1 million for personal lines

5564

residential risks. If coverage with the association is sought for

5565

a residential risk valued in excess of these limits, coverage

5566

shall be available to the risk up to the replacement cost or

5567

actual cash value of the property, at the option of the insured,

5568

if coverage for the risk cannot be located in the authorized

5569

market. The association must accept a commercial lines

5570

residential risk with limits above $10 million or a personal

5571

lines residential risk with limits above $1 million if coverage

5572

is not available in the authorized market. The association may

5573

write coverage above the limits specified in this subparagraph

5574

with or without facultative or other reinsurance coverage, as the

5575

association determines appropriate.

5576

     d.  The plan of operation must provide objective criteria

5577

and procedures, approved by the department, to be uniformly

5578

applied for all applicants in determining whether an individual

5579

risk is so hazardous as to be uninsurable. In making this

5580

determination and in establishing the criteria and procedures,

5581

the following shall be considered:

5582

     (I)  Whether the likelihood of a loss for the individual

5583

risk is substantially higher than for other risks of the same

5584

class; and

5585

     (II)  Whether the uncertainty associated with the individual

5586

risk is such that an appropriate premium cannot be determined.

5587

5588

The acceptance or rejection of a risk by the association pursuant

5589

to such criteria and procedures must be construed as the private

5590

placement of insurance, and the provisions of chapter 120 do not

5591

apply.

5592

     e.  If the risk accepts an offer of coverage through the

5593

market assistance program or through a mechanism established by

5594

the association, either before the policy is issued by the

5595

association or during the first 30 days of coverage by the

5596

association, and the producing agent who submitted the

5597

application to the association is not currently appointed by the

5598

insurer, the insurer shall:

5599

     (I)  Pay to the producing agent of record of the policy, for

5600

the first year, an amount that is the greater of the insurer's

5601

usual and customary commission for the type of policy written or

5602

a fee equal to the usual and customary commission of the

5603

association; or

5604

     (II)  Offer to allow the producing agent of record of the

5605

policy to continue servicing the policy for a period of not less

5606

than 1 year and offer to pay the agent the greater of the

5607

insurer's or the association's usual and customary commission for

5608

the type of policy written.

5609

5610

If the producing agent is unwilling or unable to accept

5611

appointment, the new insurer shall pay the agent in accordance

5612

with sub-sub-subparagraph (I). Subject to the provisions of s.

5613

627.3517, the policies issued by the association must provide

5614

that if the association obtains an offer from an authorized

5615

insurer to cover the risk at its approved rates under either a

5616

standard policy including wind coverage or, if consistent with

5617

the insurer's underwriting rules as filed with the department, a

5618

basic policy including wind coverage, the risk is no longer

5619

eligible for coverage through the association. Upon termination

5620

of eligibility, the association shall provide written notice to

5621

the policyholder and agent of record stating that the association

5622

policy must be canceled as of 60 days after the date of the

5623

notice because of the offer of coverage from an authorized

5624

insurer. Other provisions of the insurance code relating to

5625

cancellation and notice of cancellation do not apply to actions

5626

under this sub-subparagraph.

5627

     f.  When the association enters into a contractual agreement

5628

for a take-out plan, the producing agent of record of the

5629

association policy is entitled to retain any unearned commission

5630

on the policy, and the insurer shall:

5631

     (I)  Pay to the producing agent of record of the association

5632

policy, for the first year, an amount that is the greater of the

5633

insurer's usual and customary commission for the type of policy

5634

written or a fee equal to the usual and customary commission of

5635

the association; or

5636

     (II)  Offer to allow the producing agent of record of the

5637

association policy to continue servicing the policy for a period

5638

of not less than 1 year and offer to pay the agent the greater of

5639

the insurer's or the association's usual and customary commission

5640

for the type of policy written.

5641

5642

If the producing agent is unwilling or unable to accept

5643

appointment, the new insurer shall pay the agent in accordance

5644

with sub-sub-subparagraph (I).

5645

     6.a.  The plan of operation may authorize the formation of a

5646

private nonprofit corporation, a private nonprofit unincorporated

5647

association, a partnership, a trust, a limited liability company,

5648

or a nonprofit mutual company which may be empowered, among other

5649

things, to borrow money by issuing bonds or by incurring other

5650

indebtedness and to accumulate reserves or funds to be used for

5651

the payment of insured catastrophe losses. The plan may authorize

5652

all actions necessary to facilitate the issuance of bonds,

5653

including the pledging of assessments or other revenues.

5654

     b.  Any entity created under this subsection, or any entity

5655

formed for the purposes of this subsection, may sue and be sued,

5656

may borrow money; issue bonds, notes, or debt instruments; pledge

5657

or sell assessments, market equalization surcharges and other

5658

surcharges, rights, premiums, contractual rights, projected

5659

recoveries from the Florida Hurricane Catastrophe Fund, other

5660

reinsurance recoverables, and other assets as security for such

5661

bonds, notes, or debt instruments; enter into any contracts or

5662

agreements necessary or proper to accomplish such borrowings; and

5663

take other actions necessary to carry out the purposes of this

5664

subsection. The association may issue bonds or incur other

5665

indebtedness, or have bonds issued on its behalf by a unit of

5666

local government pursuant to subparagraph (6)(p)2., in the

5667

absence of a hurricane or other weather-related event, upon a

5668

determination by the association subject to approval by the

5669

department that such action would enable it to efficiently meet

5670

the financial obligations of the association and that such

5671

financings are reasonably necessary to effectuate the

5672

requirements of this subsection. Any such entity may accumulate

5673

reserves and retain surpluses as of the end of any association

5674

year to provide for the payment of losses incurred by the

5675

association during that year or any future year. The association

5676

shall incorporate and continue the plan of operation and articles

5677

of agreement in effect on the effective date of chapter 76-96,

5678

Laws of Florida, to the extent that it is not inconsistent with

5679

chapter 76-96, and as subsequently modified consistent with

5680

chapter 76-96. The board of directors and officers currently

5681

serving shall continue to serve until their successors are duly

5682

qualified as provided under the plan. The assets and obligations

5683

of the plan in effect immediately prior to the effective date of

5684

chapter 76-96 shall be construed to be the assets and obligations

5685

of the successor plan created herein.

5686

     c.  In recognition of s. 10, Art. I of the State

5687

Constitution, prohibiting the impairment of obligations of

5688

contracts, it is the intent of the Legislature that no action be

5689

taken whose purpose is to impair any bond indenture or financing

5690

agreement or any revenue source committed by contract to such

5691

bond or other indebtedness issued or incurred by the association

5692

or any other entity created under this subsection.

5693

     7.  On such coverage, an agent's remuneration shall be that

5694

amount of money payable to the agent by the terms of his or her

5695

contract with the company with which the business is placed.

5696

However, no commission will be paid on that portion of the

5697

premium which is in excess of the standard premium of that

5698

company.

5699

     8.  Subject to approval by the department, the association

5700

may establish different eligibility requirements and operational

5701

procedures for any line or type of coverage for any specified

5702

eligible area or portion of an eligible area if the board

5703

determines that such changes to the eligibility requirements and

5704

operational procedures are justified due to the voluntary market

5705

being sufficiently stable and competitive in such area or for

5706

such line or type of coverage and that consumers who, in good

5707

faith, are unable to obtain insurance through the voluntary

5708

market through ordinary methods would continue to have access to

5709

coverage from the association. When coverage is sought in

5710

connection with a real property transfer, such requirements and

5711

procedures shall not provide for an effective date of coverage

5712

later than the date of the closing of the transfer as established

5713

by the transferor, the transferee, and, if applicable, the

5714

lender.

5715

     9.  Notwithstanding any other provision of law:

5716

     a.  The pledge or sale of, the lien upon, and the security

5717

interest in any rights, revenues, or other assets of the

5718

association created or purported to be created pursuant to any

5719

financing documents to secure any bonds or other indebtedness of

5720

the association shall be and remain valid and enforceable,

5721

notwithstanding the commencement of and during the continuation

5722

of, and after, any rehabilitation, insolvency, liquidation,

5723

bankruptcy, receivership, conservatorship, reorganization, or

5724

similar proceeding against the association under the laws of this

5725

state or any other applicable laws.

5726

     b.  No such proceeding shall relieve the association of its

5727

obligation, or otherwise affect its ability to perform its

5728

obligation, to continue to collect, or levy and collect,

5729

assessments, market equalization or other surcharges, projected

5730

recoveries from the Florida Hurricane Catastrophe Fund,

5731

reinsurance recoverables, or any other rights, revenues, or other

5732

assets of the association pledged.

5733

     c.  Each such pledge or sale of, lien upon, and security

5734

interest in, including the priority of such pledge, lien, or

5735

security interest, any such assessments, emergency assessments,

5736

market equalization or renewal surcharges, projected recoveries

5737

from the Florida Hurricane Catastrophe Fund, reinsurance

5738

recoverables, or other rights, revenues, or other assets which

5739

are collected, or levied and collected, after the commencement of

5740

and during the pendency of or after any such proceeding shall

5741

continue unaffected by such proceeding.

5742

     d.  As used in this subsection, the term "financing

5743

documents" means any agreement, instrument, or other document now

5744

existing or hereafter created evidencing any bonds or other

5745

indebtedness of the association or pursuant to which any such

5746

bonds or other indebtedness has been or may be issued and

5747

pursuant to which any rights, revenues, or other assets of the

5748

association are pledged or sold to secure the repayment of such

5749

bonds or indebtedness, together with the payment of interest on

5750

such bonds or such indebtedness, or the payment of any other

5751

obligation of the association related to such bonds or

5752

indebtedness.

5753

     e.  Any such pledge or sale of assessments, revenues,

5754

contract rights or other rights or assets of the association

5755

shall constitute a lien and security interest, or sale, as the

5756

case may be, that is immediately effective and attaches to such

5757

assessments, revenues, contract, or other rights or assets,

5758

whether or not imposed or collected at the time the pledge or

5759

sale is made. Any such pledge or sale is effective, valid,

5760

binding, and enforceable against the association or other entity

5761

making such pledge or sale, and valid and binding against and

5762

superior to any competing claims or obligations owed to any other

5763

person or entity, including policyholders in this state,

5764

asserting rights in any such assessments, revenues, contract, or

5765

other rights or assets to the extent set forth in and in

5766

accordance with the terms of the pledge or sale contained in the

5767

applicable financing documents, whether or not any such person or

5768

entity has notice of such pledge or sale and without the need for

5769

any physical delivery, recordation, filing, or other action.

5770

     f.  There shall be no liability on the part of, and no cause

5771

of action of any nature shall arise against, any member insurer

5772

or its agents or employees, agents or employees of the

5773

association, members of the board of directors of the

5774

association, or the department or its representatives, for any

5775

action taken by them in the performance of their duties or

5776

responsibilities under this subsection. Such immunity does not

5777

apply to actions for breach of any contract or agreement

5778

pertaining to insurance, or any willful tort.

5779

     (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

5780

     (c)  The plan of operation of the corporation:

5781

     1.  Must provide for adoption of residential property and

5782

casualty insurance policy forms and commercial residential and

5783

nonresidential property insurance forms, which forms must be

5784

approved by the office prior to use. The corporation shall adopt

5785

the following policy forms:

5786

     a.  Standard personal lines policy forms that are

5787

comprehensive multiperil policies providing full coverage of a

5788

residential property equivalent to the coverage provided in the

5789

private insurance market under an HO-3, HO-4, or HO-6 policy.

5790

     b.  Basic personal lines policy forms that are policies

5791

similar to an HO-8 policy or a dwelling fire policy that provide

5792

coverage meeting the requirements of the secondary mortgage

5793

market, but which coverage is more limited than the coverage

5794

under a standard policy.

5795

     c.  Commercial lines residential and nonresidential policy

5796

forms that are generally similar to the basic perils of full

5797

coverage obtainable for commercial residential structures and

5798

commercial nonresidential structures in the admitted voluntary

5799

market.

5800

     d.  Personal lines and commercial lines residential property

5801

insurance forms that cover the peril of wind only. The forms are

5802

applicable only to residential properties located in areas

5803

eligible for coverage under the high-risk account referred to in

5804

sub-subparagraph (b)2.a.

5805

     e.  Commercial lines nonresidential property insurance forms

5806

that cover the peril of wind only. The forms are applicable only

5807

to nonresidential properties located in areas eligible for

5808

coverage under the high-risk account referred to in sub-

5809

subparagraph (b)2.a.

5810

     f.  The corporation may adopt variations of the policy forms

5811

listed in sub-subparagraphs a.-e. that contain more restrictive

5812

coverage.

5813

     2.a.  Must provide that the corporation adopt a program in

5814

which the corporation and authorized insurers enter into quota

5815

share primary insurance agreements for hurricane coverage, as

5816

defined in s. 627.4025(2)(a), for eligible risks, and adopt

5817

property insurance forms for eligible risks which cover the peril

5818

of wind only. As used in this subsection, the term:

5819

     (I)  "Quota share primary insurance" means an arrangement in

5820

which the primary hurricane coverage of an eligible risk is

5821

provided in specified percentages by the corporation and an

5822

authorized insurer. The corporation and authorized insurer are

5823

each solely responsible for a specified percentage of hurricane

5824

coverage of an eligible risk as set forth in a quota share

5825

primary insurance agreement between the corporation and an

5826

authorized insurer and the insurance contract. The responsibility

5827

of the corporation or authorized insurer to pay its specified

5828

percentage of hurricane losses of an eligible risk, as set forth

5829

in the quota share primary insurance agreement, may not be

5830

altered by the inability of the other party to the agreement to

5831

pay its specified percentage of hurricane losses. Eligible risks

5832

that are provided hurricane coverage through a quota share

5833

primary insurance arrangement must be provided policy forms that

5834

set forth the obligations of the corporation and authorized

5835

insurer under the arrangement, clearly specify the percentages of

5836

quota share primary insurance provided by the corporation and

5837

authorized insurer, and conspicuously and clearly state that

5838

neither the authorized insurer nor the corporation may be held

5839

responsible beyond its specified percentage of coverage of

5840

hurricane losses.

5841

     (II)  "Eligible risks" means personal lines residential and

5842

commercial lines residential risks that meet the underwriting

5843

criteria of the corporation and are located in areas that were

5844

eligible for coverage by the Florida Windstorm Underwriting

5845

Association on January 1, 2002.

5846

     b.  The corporation may enter into quota share primary

5847

insurance agreements with authorized insurers at corporation

5848

coverage levels of 90 percent and 50 percent.

5849

     c.  If the corporation determines that additional coverage

5850

levels are necessary to maximize participation in quota share

5851

primary insurance agreements by authorized insurers, the

5852

corporation may establish additional coverage levels. However,

5853

the corporation's quota share primary insurance coverage level

5854

may not exceed 90 percent.

5855

     d.  Any quota share primary insurance agreement entered into

5856

between an authorized insurer and the corporation must provide

5857

for a uniform specified percentage of coverage of hurricane

5858

losses, by county or territory as set forth by the corporation

5859

board, for all eligible risks of the authorized insurer covered

5860

under the quota share primary insurance agreement.

5861

     e.  Any quota share primary insurance agreement entered into

5862

between an authorized insurer and the corporation is subject to

5863

review and approval by the office. However, such agreement shall

5864

be authorized only as to insurance contracts entered into between

5865

an authorized insurer and an insured who is already insured by

5866

the corporation for wind coverage.

5867

     f.  For all eligible risks covered under quota share primary

5868

insurance agreements, the exposure and coverage levels for both

5869

the corporation and authorized insurers shall be reported by the

5870

corporation to the Florida Hurricane Catastrophe Fund. For all

5871

policies of eligible risks covered under quota share primary

5872

insurance agreements, the corporation and the authorized insurer

5873

shall maintain complete and accurate records for the purpose of

5874

exposure and loss reimbursement audits as required by Florida

5875

Hurricane Catastrophe Fund rules. The corporation and the

5876

authorized insurer shall each maintain duplicate copies of policy

5877

declaration pages and supporting claims documents.

5878

     g.  The corporation board shall establish in its plan of

5879

operation standards for quota share agreements which ensure that

5880

there is no discriminatory application among insurers as to the

5881

terms of quota share agreements, pricing of quota share

5882

agreements, incentive provisions if any, and consideration paid

5883

for servicing policies or adjusting claims.

5884

     h.  The quota share primary insurance agreement between the

5885

corporation and an authorized insurer must set forth the specific

5886

terms under which coverage is provided, including, but not

5887

limited to, the sale and servicing of policies issued under the

5888

agreement by the insurance agent of the authorized insurer

5889

producing the business, the reporting of information concerning

5890

eligible risks, the payment of premium to the corporation, and

5891

arrangements for the adjustment and payment of hurricane claims

5892

incurred on eligible risks by the claims adjuster and personnel

5893

of the authorized insurer. Entering into a quota sharing

5894

insurance agreement between the corporation and an authorized

5895

insurer shall be voluntary and at the discretion of the

5896

authorized insurer.

5897

     3.  May provide that the corporation may employ or otherwise

5898

contract with individuals or other entities to provide

5899

administrative or professional services that may be appropriate

5900

to effectuate the plan. The corporation shall have the power to

5901

borrow funds, by issuing bonds or by incurring other

5902

indebtedness, and shall have other powers reasonably necessary to

5903

effectuate the requirements of this subsection, including,

5904

without limitation, the power to issue bonds and incur other

5905

indebtedness in order to refinance outstanding bonds or other

5906

indebtedness. The corporation may, but is not required to, seek

5907

judicial validation of its bonds or other indebtedness under

5908

chapter 75. The corporation may issue bonds or incur other

5909

indebtedness, or have bonds issued on its behalf by a unit of

5910

local government pursuant to subparagraph (p)2., in the absence

5911

of a hurricane or other weather-related event, upon a

5912

determination by the corporation, subject to approval by the

5913

office, that such action would enable it to efficiently meet the

5914

financial obligations of the corporation and that such financings

5915

are reasonably necessary to effectuate the requirements of this

5916

subsection. The corporation is authorized to take all actions

5917

needed to facilitate tax-free status for any such bonds or

5918

indebtedness, including formation of trusts or other affiliated

5919

entities. The corporation shall have the authority to pledge

5920

assessments, projected recoveries from the Florida Hurricane

5921

Catastrophe Fund, other reinsurance recoverables, market

5922

equalization and other surcharges, and other funds available to

5923

the corporation as security for bonds or other indebtedness. In

5924

recognition of s. 10, Art. I of the State Constitution,

5925

prohibiting the impairment of obligations of contracts, it is the

5926

intent of the Legislature that no action be taken whose purpose

5927

is to impair any bond indenture or financing agreement or any

5928

revenue source committed by contract to such bond or other

5929

indebtedness.

5930

     4.a.  Must require that the corporation operate subject to

5931

the supervision and approval of a board of governors consisting

5932

of eight individuals who are residents of this state, from

5933

different geographical areas of this state. The Governor, the

5934

Chief Financial Officer, the President of the Senate, and the

5935

Speaker of the House of Representatives shall each appoint two

5936

members of the board. At least one of the two members appointed

5937

by each appointing officer must have demonstrated expertise in

5938

insurance. The Chief Financial Officer shall designate one of the

5939

appointees as chair. All board members serve at the pleasure of

5940

the appointing officer. All members of the board of governors are

5941

subject to removal at will by the officers who appointed them.

5942

All board members, including the chair, must be appointed to

5943

serve for 3-year terms beginning annually on a date designated by

5944

the plan. Any board vacancy shall be filled for the unexpired

5945

term by the appointing officer. The Chief Financial Officer shall

5946

appoint a technical advisory group to provide information and

5947

advice to the board of governors in connection with the board's

5948

duties under this subsection. The executive director and senior

5949

managers of the corporation shall be engaged by the board and

5950

serve at the pleasure of the board. Any executive director

5951

appointed on or after July 1, 2006, is subject to confirmation by

5952

the Senate. The executive director is responsible for employing

5953

other staff as the corporation may require, subject to review and

5954

concurrence by the board.

5955

     b.  The board shall create a Market Accountability Advisory

5956

Committee to assist the corporation in developing awareness of

5957

its rates and its customer and agent service levels in

5958

relationship to the voluntary market insurers writing similar

5959

coverage. The members of the advisory committee shall consist of

5960

the following 11 persons, one of whom must be elected chair by

5961

the members of the committee: four representatives, one appointed

5962

by the Florida Association of Insurance Agents, one by the

5963

Florida Association of Insurance and Financial Advisors, one by

5964

the Professional Insurance Agents of Florida, and one by the

5965

Latin American Association of Insurance Agencies; three

5966

representatives appointed by the insurers with the three highest

5967

voluntary market share of residential property insurance business

5968

in the state; one representative from the Office of Insurance

5969

Regulation; one consumer appointed by the board who is insured by

5970

the corporation at the time of appointment to the committee; one

5971

representative appointed by the Florida Association of Realtors;

5972

and one representative appointed by the Florida Bankers

5973

Association. All members must serve for 3-year terms and may

5974

serve for consecutive terms. The committee shall report to the

5975

corporation at each board meeting on insurance market issues

5976

which may include rates and rate competition with the voluntary

5977

market; service, including policy issuance, claims processing,

5978

and general responsiveness to policyholders, applicants, and

5979

agents; and matters relating to depopulation.

5980

     5.  Must provide a procedure for determining the eligibility

5981

of a risk for coverage, as follows:

5982

     a.  Subject to the provisions of s. 627.3517, with respect

5983

to personal lines residential risks, if the risk is offered

5984

coverage from an authorized insurer at the insurer's approved

5985

rate under either a standard policy including wind coverage or,

5986

if consistent with the insurer's underwriting rules as filed with

5987

the office, a basic policy including wind coverage, for a new

5988

application to the corporation for coverage, the risk is not

5989

eligible for any policy issued by the corporation unless the

5990

premium for coverage from the authorized insurer is more than 15

5991

percent greater than the premium for comparable coverage from the

5992

corporation. If the risk is not able to obtain any such offer,

5993

the risk is eligible for either a standard policy including wind

5994

coverage or a basic policy including wind coverage issued by the

5995

corporation; however, if the risk could not be insured under a

5996

standard policy including wind coverage regardless of market

5997

conditions, the risk shall be eligible for a basic policy

5998

including wind coverage unless rejected under subparagraph 8. 9.

5999

However, with regard to a policyholder of the corporation or a

6000

policyholder removed from the corporation through an assumption

6001

agreement until the end of the assumption period, the

6002

policyholder remains eligible for coverage from the corporation

6003

regardless of any offer of coverage from an authorized insurer or

6004

surplus lines insurer. The corporation shall determine the type

6005

of policy to be provided on the basis of objective standards

6006

specified in the underwriting manual and based on generally

6007

accepted underwriting practices.

6008

     (I)  If the risk accepts an offer of coverage through the

6009

market assistance plan or an offer of coverage through a

6010

mechanism established by the corporation before a policy is

6011

issued to the risk by the corporation or during the first 30 days

6012

of coverage by the corporation, and the producing agent who

6013

submitted the application to the plan or to the corporation is

6014

not currently appointed by the insurer, the insurer shall:

6015

     (A)  Pay to the producing agent of record of the policy, for

6016

the first year, an amount that is the greater of the insurer's

6017

usual and customary commission for the type of policy written or

6018

a fee equal to the usual and customary commission of the

6019

corporation; or

6020

     (B)  Offer to allow the producing agent of record of the

6021

policy to continue servicing the policy for a period of not less

6022

than 1 year and offer to pay the agent the greater of the

6023

insurer's or the corporation's usual and customary commission for

6024

the type of policy written.

6025

6026

If the producing agent is unwilling or unable to accept

6027

appointment, the new insurer shall pay the agent in accordance

6028

with sub-sub-sub-subparagraph (A).

6029

     (II)  When the corporation enters into a contractual

6030

agreement for a take-out plan, the producing agent of record of

6031

the corporation policy is entitled to retain any unearned

6032

commission on the policy, and the insurer shall:

6033

     (A)  Pay to the producing agent of record of the corporation

6034

policy, for the first year, an amount that is the greater of the

6035

insurer's usual and customary commission for the type of policy

6036

written or a fee equal to the usual and customary commission of

6037

the corporation; or

6038

     (B)  Offer to allow the producing agent of record of the

6039

corporation policy to continue servicing the policy for a period

6040

of not less than 1 year and offer to pay the agent the greater of

6041

the insurer's or the corporation's usual and customary commission

6042

for the type of policy written.

6043

6044

If the producing agent is unwilling or unable to accept

6045

appointment, the new insurer shall pay the agent in accordance

6046

with sub-sub-sub-subparagraph (A).

6047

     b.  With respect to commercial lines residential risks, for

6048

a new application to the corporation for coverage, if the risk is

6049

offered coverage under a policy including wind coverage from an

6050

authorized insurer at its approved rate, the risk is not eligible

6051

for any policy issued by the corporation unless the premium for

6052

coverage from the authorized insurer is more than 15 percent

6053

greater than the premium for comparable coverage from the

6054

corporation. If the risk is not able to obtain any such offer,

6055

the risk is eligible for a policy including wind coverage issued

6056

by the corporation. However, with regard to a policyholder of the

6057

corporation or a policyholder removed from the corporation

6058

through an assumption agreement until the end of the assumption

6059

period, the policyholder remains eligible for coverage from the

6060

corporation regardless of any offer of coverage from an

6061

authorized insurer or surplus lines insurer.

6062

     (I)  If the risk accepts an offer of coverage through the

6063

market assistance plan or an offer of coverage through a

6064

mechanism established by the corporation before a policy is

6065

issued to the risk by the corporation or during the first 30 days

6066

of coverage by the corporation, and the producing agent who

6067

submitted the application to the plan or the corporation is not

6068

currently appointed by the insurer, the insurer shall:

6069

     (A)  Pay to the producing agent of record of the policy, for

6070

the first year, an amount that is the greater of the insurer's

6071

usual and customary commission for the type of policy written or

6072

a fee equal to the usual and customary commission of the

6073

corporation; or

6074

     (B)  Offer to allow the producing agent of record of the

6075

policy to continue servicing the policy for a period of not less

6076

than 1 year and offer to pay the agent the greater of the

6077

insurer's or the corporation's usual and customary commission for

6078

the type of policy written.

6079

6080

If the producing agent is unwilling or unable to accept

6081

appointment, the new insurer shall pay the agent in accordance

6082

with sub-sub-sub-subparagraph (A).

6083

     (II)  When the corporation enters into a contractual

6084

agreement for a take-out plan, the producing agent of record of

6085

the corporation policy is entitled to retain any unearned

6086

commission on the policy, and the insurer shall:

6087

     (A)  Pay to the producing agent of record of the corporation

6088

policy, for the first year, an amount that is the greater of the

6089

insurer's usual and customary commission for the type of policy

6090

written or a fee equal to the usual and customary commission of

6091

the corporation; or

6092

     (B)  Offer to allow the producing agent of record of the

6093

corporation policy to continue servicing the policy for a period

6094

of not less than 1 year and offer to pay the agent the greater of

6095

the insurer's or the corporation's usual and customary commission

6096

for the type of policy written.

6097

6098

If the producing agent is unwilling or unable to accept

6099

appointment, the new insurer shall pay the agent in accordance

6100

with sub-sub-sub-subparagraph (A).

6101

     c.  For purposes of determining comparable coverage under

6102

sub-subparagraphs a. and b., the comparison shall be based on

6103

those forms and coverages that are reasonably comparable. The

6104

corporation may rely on a determination of comparable coverage

6105

and premium made by the producing agent who submits the

6106

application to the corporation, made in the agent's capacity as

6107

the corporation's agent. A comparison may be made solely of the

6108

premium with respect to the main building or structure only on

6109

the following basis: the same coverage A or other building

6110

limits; the same percentage hurricane deductible that applies on

6111

an annual basis or that applies to each hurricane for commercial

6112

residential property; the same percentage of ordinance and law

6113

coverage, if the same limit is offered by both the corporation

6114

and the authorized insurer; the same mitigation credits, to the

6115

extent the same types of credits are offered both by the

6116

corporation and the authorized insurer; the same method for loss

6117

payment, such as replacement cost or actual cash value, if the

6118

same method is offered both by the corporation and the authorized

6119

insurer in accordance with underwriting rules; and any other form

6120

or coverage that is reasonably comparable as determined by the

6121

board. If an application is submitted to the corporation for

6122

wind-only coverage in the high-risk account, the premium for the

6123

corporation's wind-only policy plus the premium for the ex-wind

6124

policy that is offered by an authorized insurer to the applicant

6125

shall be compared to the premium for multiperil coverage offered

6126

by an authorized insurer, subject to the standards for comparison

6127

specified in this subparagraph. If the corporation or the

6128

applicant requests from the authorized insurer a breakdown of the

6129

premium of the offer by types of coverage so that a comparison

6130

may be made by the corporation or its agent and the authorized

6131

insurer refuses or is unable to provide such information, the

6132

corporation may treat the offer as not being an offer of coverage

6133

from an authorized insurer at the insurer's approved rate.

6134

     6.  Must include rules for classifications of risks and

6135

rates therefor.

6136

     7.  Must provide that if premium and investment income for

6137

an account attributable to a particular calendar year are in

6138

excess of projected losses and expenses for the account

6139

attributable to that year, such excess shall be held in surplus

6140

in the account. Such surplus shall be available to defray

6141

deficits in that account as to future years and shall be used for

6142

that purpose prior to assessing assessable insurers and

6143

assessable insureds as to any calendar year.

6144

     8.  Must provide objective criteria and procedures to be

6145

uniformly applied for all applicants in determining whether an

6146

individual risk is so hazardous as to be uninsurable. In making

6147

this determination and in establishing the criteria and

6148

procedures, the following shall be considered:

6149

     a.  Whether the likelihood of a loss for the individual risk

6150

is substantially higher than for other risks of the same class;

6151

and

6152

     b.  Whether the uncertainty associated with the individual

6153

risk is such that an appropriate premium cannot be determined.

6154

6155

The acceptance or rejection of a risk by the corporation shall be

6156

construed as the private placement of insurance, and the

6157

provisions of chapter 120 shall not apply.

6158

     9.  Must provide that the corporation shall make its best

6159

efforts to procure catastrophe reinsurance at reasonable rates,

6160

to cover its projected 100-year probable maximum loss as

6161

determined by the board of governors.

6162

     10.  Must provide that in the event of regular deficit

6163

assessments under sub-subparagraph (b)3.a. or sub-subparagraph

6164

(b)3.b., in the personal lines account, the commercial lines

6165

residential account, or the high-risk account, the corporation

6166

shall levy upon corporation policyholders in its next rate

6167

filing, or by a separate rate filing solely for this purpose, a

6168

Citizens policyholder surcharge arising from a regular assessment

6169

in such account in a percentage equal to the total amount of such

6170

regular assessments divided by the aggregate statewide direct

6171

written premium for subject lines of business for the prior

6172

calendar year. For purposes of calculating the Citizens

6173

policyholder surcharge to be levied under this subparagraph, the

6174

total amount of the regular assessment to which this surcharge is

6175

related shall be determined as set forth in subparagraph (b)3.,

6176

without deducting the estimated Citizens policyholder surcharge.

6177

Citizens policyholder surcharges under this subparagraph are not

6178

considered premium and are not subject to commissions, fees, or

6179

premium taxes; however, failure to pay a market equalization

6180

surcharge shall be treated as failure to pay premium.

6181

     11.  The policies issued by the corporation must provide

6182

that, if the corporation or the market assistance plan obtains an

6183

offer from an authorized insurer to cover the risk at its

6184

approved rates, the risk is no longer eligible for renewal

6185

through the corporation, except as otherwise provided in this

6186

subsection.

6187

     12.  Corporation policies and applications must include a

6188

notice that the corporation policy could, under this section, be

6189

replaced with a policy issued by an authorized insurer that does

6190

not provide coverage identical to the coverage provided by the

6191

corporation. The notice shall also specify that acceptance of

6192

corporation coverage creates a conclusive presumption that the

6193

applicant or policyholder is aware of this potential.

6194

     13.  May establish, subject to approval by the office,

6195

different eligibility requirements and operational procedures for

6196

any line or type of coverage for any specified county or area if

6197

the board determines that such changes to the eligibility

6198

requirements and operational procedures are justified due to the

6199

voluntary market being sufficiently stable and competitive in

6200

such area or for such line or type of coverage and that consumers

6201

who, in good faith, are unable to obtain insurance through the

6202

voluntary market through ordinary methods would continue to have

6203

access to coverage from the corporation. When coverage is sought

6204

in connection with a real property transfer, such requirements

6205

and procedures shall not provide for an effective date of

6206

coverage later than the date of the closing of the transfer as

6207

established by the transferor, the transferee, and, if

6208

applicable, the lender.

6209

     14.  Must provide that, with respect to the high-risk

6210

account, any assessable insurer with a surplus as to

6211

policyholders of $25 million or less writing 25 percent or more

6212

of its total countrywide property insurance premiums in this

6213

state may petition the office, within the first 90 days of each

6214

calendar year, to qualify as a limited apportionment company. A

6215

regular assessment levied by the corporation on a limited

6216

apportionment company for a deficit incurred by the corporation

6217

for the high-risk account in 2006 or thereafter may be paid to

6218

the corporation on a monthly basis as the assessments are

6219

collected by the limited apportionment company from its insureds

6220

pursuant to s. 627.3512, but the regular assessment must be paid

6221

in full within 12 months after being levied by the corporation. A

6222

limited apportionment company shall collect from its

6223

policyholders any emergency assessment imposed under sub-

6224

subparagraph (b)3.d. The plan shall provide that, if the office

6225

determines that any regular assessment will result in an

6226

impairment of the surplus of a limited apportionment company, the

6227

office may direct that all or part of such assessment be deferred

6228

as provided in subparagraph (p)4. However, there shall be no

6229

limitation or deferment of an emergency assessment to be

6230

collected from policyholders under sub-subparagraph (b)3.d.

6231

     15.  Must provide that the corporation appoint as its

6232

licensed agents only those agents who also hold an appointment as

6233

defined in s. 626.015(3) with an insurer who at the time of the

6234

agent's initial appointment by the corporation is authorized to

6235

write and is actually writing personal lines residential property

6236

coverage, commercial residential property coverage, or commercial

6237

nonresidential property coverage within the state.

6238

     16.  Must provide, by July 1, 2007, a premium payment plan

6239

option to its policyholders which allows at a minimum for

6240

quarterly and semiannual payment of premiums. A monthly payment

6241

plan may, but is not required to, be offered.

6242

     17.  Must limit coverage on mobile homes or manufactured

6243

homes built prior to 1994 to actual cash value of the dwelling

6244

rather than replacement costs of the dwelling.

6245

     18.  May provide such limits of coverage as the board

6246

determines, consistent with the requirements of this subsection.

6247

     19.  May require commercial property to meet specified

6248

hurricane mitigation construction features as a condition of

6249

eligibility for coverage.

6250

     (n)  If coverage in an account is deactivated pursuant to

6251

paragraph (o), coverage through the corporation shall be

6252

reactivated by order of the office only under one of the

6253

following circumstances:

6254

     1.  If the market assistance plan receives a minimum of 100

6255

applications for coverage within a 3-month period, or 200

6256

applications for coverage within a 1-year period or less for

6257

residential coverage, unless the market assistance plan provides

6258

a quotation from admitted carriers at their filed rates for at

6259

least 90 percent of such applicants. Any market assistance plan

6260

application that is rejected because an individual risk is so

6261

hazardous as to be uninsurable using the criteria specified in

6262

subparagraph (c)8. (c)9. shall not be included in the minimum

6263

percentage calculation provided herein. In the event that there

6264

is a legal or administrative challenge to a determination by the

6265

office that the conditions of this subparagraph have been met for

6266

eligibility for coverage in the corporation, any eligible risk

6267

may obtain coverage during the pendency of such challenge.

6268

     2.  In response to a state of emergency declared by the

6269

Governor under s. 252.36, the office may activate coverage by

6270

order for the period of the emergency upon a finding by the

6271

office that the emergency significantly affects the availability

6272

of residential property insurance.

6273

     (v)  Notwithstanding any other provision of law:

6274

     1.  The pledge or sale of, the lien upon, and the security

6275

interest in any rights, revenues, or other assets of the

6276

corporation created or purported to be created pursuant to any

6277

financing documents to secure any bonds or other indebtedness of

6278

the corporation shall be and remain valid and enforceable,

6279

notwithstanding the commencement of and during the continuation

6280

of, and after, any rehabilitation, insolvency, liquidation,

6281

bankruptcy, receivership, conservatorship, reorganization, or

6282

similar proceeding against the corporation under the laws of this

6283

state.

6284

     2.  No such proceeding shall relieve the corporation of its

6285

obligation, or otherwise affect its ability to perform its

6286

obligation, to continue to collect, or levy and collect,

6287

assessments, market equalization or other surcharges under

6288

subparagraph (c)10. (c)11., or any other rights, revenues, or

6289

other assets of the corporation pledged pursuant to any financing

6290

documents.

6291

     3.  Each such pledge or sale of, lien upon, and security

6292

interest in, including the priority of such pledge, lien, or

6293

security interest, any such assessments, market equalization or

6294

other surcharges, or other rights, revenues, or other assets

6295

which are collected, or levied and collected, after the

6296

commencement of and during the pendency of, or after, any such

6297

proceeding shall continue unaffected by such proceeding. As used

6298

in this subsection, the term "financing documents" means any

6299

agreement or agreements, instrument or instruments, or other

6300

document or documents now existing or hereafter created

6301

evidencing any bonds or other indebtedness of the corporation or

6302

pursuant to which any such bonds or other indebtedness has been

6303

or may be issued and pursuant to which any rights, revenues, or

6304

other assets of the corporation are pledged or sold to secure the

6305

repayment of such bonds or indebtedness, together with the

6306

payment of interest on such bonds or such indebtedness, or the

6307

payment of any other obligation or financial product, as defined

6308

in the plan of operation of the corporation related to such bonds

6309

or indebtedness.

6310

     4.  Any such pledge or sale of assessments, revenues,

6311

contract rights, or other rights or assets of the corporation

6312

shall constitute a lien and security interest, or sale, as the

6313

case may be, that is immediately effective and attaches to such

6314

assessments, revenues, or contract rights or other rights or

6315

assets, whether or not imposed or collected at the time the

6316

pledge or sale is made. Any such pledge or sale is effective,

6317

valid, binding, and enforceable against the corporation or other

6318

entity making such pledge or sale, and valid and binding against

6319

and superior to any competing claims or obligations owed to any

6320

other person or entity, including policyholders in this state,

6321

asserting rights in any such assessments, revenues, or contract

6322

rights or other rights or assets to the extent set forth in and

6323

in accordance with the terms of the pledge or sale contained in

6324

the applicable financing documents, whether or not any such

6325

person or entity has notice of such pledge or sale and without

6326

the need for any physical delivery, recordation, filing, or other

6327

action.

6328

     5.  As long as the corporation has any bonds outstanding,

6329

the corporation may not file a voluntary petition under chapter 9

6330

of the federal Bankruptcy Code or such corresponding chapter or

6331

sections as may be in effect, from time to time, and a public

6332

officer or any organization, entity, or other person may not

6333

authorize the corporation to be or become a debtor under chapter

6334

9 of the federal Bankruptcy Code or such corresponding chapter or

6335

sections as may be in effect, from time to time, during any such

6336

period.

6337

     6.  If ordered by a court of competent jurisdiction, the

6338

corporation may assume policies or otherwise provide coverage for

6339

policyholders of an insurer placed in liquidation under chapter

6340

631, under such forms, rates, terms, and conditions as the

6341

corporation deems appropriate, subject to approval by the office.

6342

     (w)1.  The following records of the corporation are

6343

confidential and exempt from the provisions of s. 119.07(1) and

6344

s. 24(a), Art. I of the State Constitution:

6345

     a.  Underwriting files, except that a policyholder or an

6346

applicant shall have access to his or her own underwriting files.

6347

     b.  Claims files, until termination of all litigation and

6348

settlement of all claims arising out of the same incident,

6349

although portions of the claims files may remain exempt, as

6350

otherwise provided by law. Confidential and exempt claims file

6351

records may be released to other governmental agencies upon

6352

written request and demonstration of need; such records held by

6353

the receiving agency remain confidential and exempt as provided

6354

for herein.

6355

     c.  Records obtained or generated by an internal auditor

6356

pursuant to a routine audit, until the audit is completed, or if

6357

the audit is conducted as part of an investigation, until the

6358

investigation is closed or ceases to be active. An investigation

6359

is considered "active" while the investigation is being conducted

6360

with a reasonable, good faith belief that it could lead to the

6361

filing of administrative, civil, or criminal proceedings.

6362

     d.  Matters reasonably encompassed in privileged attorney-

6363

client communications.

6364

     e.  Proprietary information licensed to the corporation

6365

under contract and the contract provides for the confidentiality

6366

of such proprietary information.

6367

     f.  All information relating to the medical condition or

6368

medical status of a corporation employee which is not relevant to

6369

the employee's capacity to perform his or her duties, except as

6370

otherwise provided in this paragraph. Information which is exempt

6371

shall include, but is not limited to, information relating to

6372

workers' compensation, insurance benefits, and retirement or

6373

disability benefits.

6374

     g.  Upon an employee's entrance into the employee assistance

6375

program, a program to assist any employee who has a behavioral or

6376

medical disorder, substance abuse problem, or emotional

6377

difficulty which affects the employee's job performance, all

6378

records relative to that participation shall be confidential and

6379

exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I

6380

of the State Constitution, except as otherwise provided in s.

6381

112.0455(11).

6382

     h.  Information relating to negotiations for financing,

6383

reinsurance, depopulation, or contractual services, until the

6384

conclusion of the negotiations.

6385

     i.  Minutes of closed meetings regarding underwriting files,

6386

and minutes of closed meetings regarding an open claims file

6387

until termination of all litigation and settlement of all claims

6388

with regard to that claim, except that information otherwise

6389

confidential or exempt by law will be redacted.

6390

6391

When an authorized insurer is considering underwriting a risk

6392

insured by the corporation, relevant underwriting files and

6393

confidential claims files may be released to the insurer provided

6394

the insurer agrees in writing, notarized and under oath, to

6395

maintain the confidentiality of such files. When a file is

6396

transferred to an insurer that file is no longer a public record

6397

because it is not held by an agency subject to the provisions of

6398

the public records law. Underwriting files and confidential

6399

claims files may also be released to staff of and the board of

6400

governors of the market assistance plan established pursuant to

6401

s. 627.3515, who must retain the confidentiality of such files,

6402

except such files may be released to authorized insurers that are

6403

considering assuming the risks to which the files apply, provided

6404

the insurer agrees in writing, notarized and under oath, to

6405

maintain the confidentiality of such files. Finally, the

6406

corporation or the board or staff of the market assistance plan

6407

may make the following information obtained from underwriting

6408

files and confidential claims files available to licensed general

6409

lines insurance agents: name, address, and telephone number of

6410

the residential property owner or insured; location of the risk;

6411

rating information; loss history; and policy type. The receiving

6412

licensed general lines insurance agent must retain the

6413

confidentiality of the information received.

6414

     2.  Portions of meetings of the corporation are exempt from

6415

the provisions of s. 286.011 and s. 24(b), Art. I of the State

6416

Constitution wherein confidential underwriting files or

6417

confidential open claims files are discussed. All portions of

6418

corporation meetings which are closed to the public shall be

6419

recorded by a court reporter. The court reporter shall record the

6420

times of commencement and termination of the meeting, all

6421

discussion and proceedings, the names of all persons present at

6422

any time, and the names of all persons speaking. No portion of

6423

any closed meeting shall be off the record. Subject to the

6424

provisions hereof and s. 119.07(1)(d)-(f) 119.07(1)(e)-(g), the

6425

court reporter's notes of any closed meeting shall be retained by

6426

the corporation for a minimum of 5 years. A copy of the

6427

transcript, less any exempt matters, of any closed meeting

6428

wherein claims are discussed shall become public as to individual

6429

claims after settlement of the claim.

6430

Reviser's note.--Paragraph (2)(b) is amended to conform to

6431

the redesignation of Dade County as Miami-Dade County by s.

6432

1-4.2 of the Miami-Dade County Code. Paragraphs (6)(c) and

6433

(6)(n) are amended to conform to the redesignation of

6434

subparagraph (c)8. as subparagraph (c)9. by s. 15, ch. 2006-

6435

12, Laws of Florida, and further redesignation as

6436

subparagraph (c)8. by s. 11, ch. 2007-90, Laws of Florida.

6437

Paragraph (6)(v) is amended to conform to the redesignation

6438

of subparagraph (c)10. as subparagraph (c)11. by s. 15, ch.

6439

2006-12, and further redesignation as subparagraph (c)10. by

6440

s. 11, ch. 2007-90. Paragraph (6)(w) is amended to conform

6441

to the redesignation of s. 119.07(1)(b)-(d) as s.

6442

119.07(1)(d)-(f) by s. 1, ch. 2007-39, Laws of Florida, and

6443

to correct the reference by s. 4, ch. 2007-39.

6444

     Section 149.  Paragraph (a) of subsection (3) and paragraph

6445

(b) of subsection (6) of section 627.3511, Florida Statutes, are

6446

amended to read:

6447

     627.3511  Depopulation of Citizens Property Insurance

6448

Corporation.--

6449

     (3)  EXEMPTION FROM DEFICIT ASSESSMENTS.--

6450

     (a)  The calculation of an insurer's assessment liability

6451

under s. 627.351(6)(b)3.a. or b. shall, for an insurer that in

6452

any calendar year removes 50,000 or more risks from the Citizens

6453

Property Insurance Corporation, either by issuance of a policy

6454

upon expiration or cancellation of the corporation policy or by

6455

assumption of the corporation's obligations with respect to in-

6456

force policies, exclude such removed policies for the succeeding

6457

3 years, as follows:

6458

     1.  In the first year following removal of the risks, the

6459

risks are excluded from the calculation to the extent of 100

6460

percent.

6461

     2.  In the second year following removal of the risks, the

6462

risks are excluded from the calculation to the extent of 75

6463

percent.

6464

     3.  In the third year following removal of the risks, the

6465

risks are excluded from the calculation to the extent of 50

6466

percent.

6467

6468

If the removal of risks is accomplished through assumption of

6469

obligations with respect to in-force policies, the corporation

6470

shall pay to the assuming insurer all unearned premium with

6471

respect to such policies less any policy acquisition costs agreed

6472

to by the corporation and assuming insurer. The term "policy

6473

acquisition costs" is defined as costs of issuance of the policy

6474

by the corporation which includes agent commissions, servicing

6475

company fees, and premium tax. This paragraph does not apply to

6476

an insurer that, at any time within 5 years before removing the

6477

risks, had a market share in excess of 0.1 percent of the

6478

statewide aggregate gross direct written premium for any line of

6479

property insurance, or to an affiliate of such an insurer. This

6480

paragraph does not apply unless either at least 40 percent of the

6481

risks removed from the corporation are located in Miami-Dade

6482

Dade, Broward, and Palm Beach Counties, or at least 30 percent of

6483

the risks removed from the corporation are located in such

6484

counties and an additional 50 percent of the risks removed from

6485

the corporation are located in other coastal counties.

6486

     (6)  COMMERCIAL RESIDENTIAL TAKE-OUT PLANS.--

6487

     (b)  In order for a plan to qualify for approval:

6488

     1.  At least 40 percent of the policies removed from the

6489

corporation under the plan must be located in Miami-Dade Dade,

6490

Broward, and Palm Beach Counties, or at least 30 percent of the

6491

policies removed from the corporation under the plan must be

6492

located in such counties and an additional 50 percent of the

6493

policies removed from the corporation must be located in other

6494

coastal counties.

6495

     2.  The insurer must renew the replacement policy at

6496

approved rates on substantially similar terms for two additional

6497

1-year terms, unless canceled or nonrenewed by the insurer for a

6498

lawful reason other than reduction of hurricane exposure. If an

6499

insurer assumes the corporation's obligations for a policy, it

6500

must issue a replacement policy for a 1-year term upon expiration

6501

of the corporation policy and must renew the replacement policy

6502

at approved rates on substantially similar terms for two

6503

additional 1-year terms, unless canceled by the insurer for a

6504

lawful reason other than reduction of hurricane exposure. For

6505

each replacement policy canceled or nonrenewed by the insurer for

6506

any reason during the 3-year coverage period required by this

6507

subparagraph, the insurer must remove from the corporation one

6508

additional policy covering a risk similar to the risk covered by

6509

the canceled or nonrenewed policy.

6510

Reviser's note.--Amended to conform to the redesignation of

6511

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

6512

Dade County Code.

6513

     Section 150.  Paragraph (b) of subsection (2) of section

6514

627.4133, Florida Statutes, is amended to read:

6515

     627.4133  Notice of cancellation, nonrenewal, or renewal

6516

premium.--

6517

     (2)  With respect to any personal lines or commercial

6518

residential property insurance policy, including, but not limited

6519

to, any homeowner's, mobile home owner's, farmowner's,

6520

condominium association, condominium unit owner's, apartment

6521

building, or other policy covering a residential structure or its

6522

contents:

6523

     (b)  The insurer shall give the named insured written notice

6524

of nonrenewal, cancellation, or termination at least 100 days

6525

prior to the effective date of the nonrenewal, cancellation, or

6526

termination. However, the insurer shall give at least 100 days'

6527

written notice, or written notice by June 1, whichever is

6528

earlier, for any nonrenewal, cancellation, or termination that

6529

would be effective between June 1 and November 30. The notice

6530

must include the reason or reasons for the nonrenewal,

6531

cancellation, or termination, except that:

6532

     1.  When cancellation is for nonpayment of premium, at least

6533

10 days' written notice of cancellation accompanied by the reason

6534

therefor shall be given. As used in this subparagraph, the term

6535

"nonpayment of premium" means failure of the named insured to

6536

discharge when due any of her or his obligations in connection

6537

with the payment of premiums on a policy or any installment of

6538

such premium, whether the premium is payable directly to the

6539

insurer or its agent or indirectly under any premium finance plan

6540

or extension of credit, or failure to maintain membership in an

6541

organization if such membership is a condition precedent to

6542

insurance coverage. "Nonpayment of premium" also means the

6543

failure of a financial institution to honor an insurance

6544

applicant's check after delivery to a licensed agent for payment

6545

of a premium, even if the agent has previously delivered or

6546

transferred the premium to the insurer. If a dishonored check

6547

represents the initial premium payment, the contract and all

6548

contractual obligations shall be void ab initio unless the

6549

nonpayment is cured within the earlier of 5 days after actual

6550

notice by certified mail is received by the applicant or 15 days

6551

after notice is sent to the applicant by certified mail or

6552

registered mail, and if the contract is void, any premium

6553

received by the insurer from a third party shall be refunded to

6554

that party in full.

6555

     2.  When such cancellation or termination occurs during the

6556

first 90 days during which the insurance is in force and the

6557

insurance is canceled or terminated for reasons other than

6558

nonpayment of premium, at least 20 days' written notice of

6559

cancellation or termination accompanied by the reason therefor

6560

shall be given except where there has been a material

6561

misstatement or misrepresentation or failure to comply with the

6562

underwriting requirements established by the insurer.

6563

     3.  The requirement for providing written notice of

6564

nonrenewal by June 1 of any nonrenewal that would be effective

6565

between June 1 and November 30 does not apply to the following

6566

situations, but the insurer remains subject to the requirement to

6567

provide such notice at least 100 days prior to the effective date

6568

of nonrenewal:

6569

     a.  A policy that is nonrenewed due to a revision in the

6570

coverage for sinkhole losses and catastrophic ground cover

6571

collapse pursuant to s. 627.706 627.730, as amended by s. 30,

6572

chapter 2007-1, Laws of Florida.

6573

     b.  A policy that is nonrenewed by Citizens Property

6574

Insurance Corporation, pursuant to s. 627.351(6), for a policy

6575

that has been assumed by an authorized insurer offering

6576

replacement or renewal coverage to the policyholder.

6577

6578

After the policy has been in effect for 90 days, the policy shall

6579

not be canceled by the insurer except when there has been a

6580

material misstatement, a nonpayment of premium, a failure to

6581

comply with underwriting requirements established by the insurer

6582

within 90 days of the date of effectuation of coverage, or a

6583

substantial change in the risk covered by the policy or when the

6584

cancellation is for all insureds under such policies for a given

6585

class of insureds. This paragraph does not apply to individually

6586

rated risks having a policy term of less than 90 days.

6587

Reviser's note.--Amended to correct a reference and conform

6588

to context. Section 627.730 is the short title of the

6589

Florida Motor Vehicle No-Fault Law; s. 627.706 relates to

6590

coverage for sinkhole losses and catastrophic ground cover

6591

collapse.

6592

     Section 151.  Paragraph (a) of subsection (3) and paragraph

6593

(c) of subsection (6) of section 627.701, Florida Statutes, are

6594

amended to read:

6595

     627.701  Liability of insureds; coinsurance; deductibles.--

6596

     (3)(a)  Except as otherwise provided in this subsection,

6597

prior to issuing a personal lines residential property insurance

6598

policy, the insurer must offer alternative deductible amounts

6599

applicable to hurricane losses equal to $500, 2 percent, 5

6600

percent, and 10 percent of the policy dwelling limits, unless the

6601

specific percentage deductible is less than $500. The written

6602

notice of the offer shall specify the hurricane deductible to be

6603

applied in the event that the applicant or policyholder fails to

6604

affirmatively choose a hurricane deductible. The insurer must

6605

provide such policyholder with notice of the availability of the

6606

deductible amounts specified in this subsection paragraph in a

6607

form approved by the office in conjunction with each renewal of

6608

the policy. The failure to provide such notice constitutes a

6609

violation of this code but does not affect the coverage provided

6610

under the policy.

6611

     (6)

6612

     (c)  A secured hurricane deductible must include the

6613

substance of the following:

6614

     1.  The first $500 of any claim, regardless of the peril

6615

causing the loss, is fully deductible.

6616

     2.  With respect to hurricane losses only, the next $5,000

6617

in losses are fully insured, subject only to a copayment

6618

requirement of 10 percent.

6619

     3.  With respect to hurricane losses only, the remainder of

6620

the claim is subject to a deductible equal to a specified

6621

percentage of the policy dwelling limits in excess of the

6622

deductible allowed under former paragraph (3)(a) but no higher

6623

than 10 percent of the policy dwelling limits.

6624

     4.  The insurer agrees to renew the coverage on a guaranteed

6625

basis for a period of years after initial issuance of the secured

6626

deductible equal to at least 1 year for each 2 percentage points

6627

of deductible specified in subparagraph 3. unless the policy is

6628

canceled for nonpayment of premium or the insured fails to

6629

maintain the certificate of security. Such renewal shall be at

6630

the same premium as the initial policy except for premium changes

6631

attributable to changes in the value of the property.

6632

Reviser's note.--Paragraph (3)(a) is amended to conform to

6633

context and correct a reference. Paragraph (6)(c) is amended

6634

to clarify the status of former paragraph (3)(a), which was

6635

deleted by s. 28, ch. 2007-1, Laws of Florida.

6636

     Section 152.  Paragraph (b) of subsection (2) of section

6637

627.7261, Florida Statutes, is amended to read:

6638

     627.7261  Refusal to issue policy.--

6639

     (2)

6640

     (b)  As used in this section, the term "volunteer driver"

6641

means a person who provides services, including transporting

6642

individuals or goods, without compensation in excess of expenses

6643

to a private nonprofit agency as defined in s. 273.01(3) or a

6644

charitable organization as defined in s. 736.1201 737.501(2).

6645

Reviser's note.--Amended to correct a reference and improve

6646

clarity. Section 737.501 was repealed by s. 48, ch. 2006-

6647

217, Laws of Florida; s. 736.1201, created by s. 12, ch.

6648

2006-217, now provides the definition of the term

6649

"charitable organization" previously found in s. 737.501(2).

6650

     Section 153.  Paragraphs (a) and (e) of subsection (5) of

6651

section 627.736, Florida Statutes, as revived, reenacted, and

6652

amended by sections 13 and 20 of chapter 2007-324, Laws of

6653

Florida, are amended to read:

6654

     627.736  Required personal injury protection benefits;

6655

exclusions; priority; claims.--

6656

     (5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--

6657

     (a)1.  Any physician, hospital, clinic, or other person or

6658

institution lawfully rendering treatment to an injured person for

6659

a bodily injury covered by personal injury protection insurance

6660

may charge the insurer and injured party only a reasonable amount

6661

pursuant to this section for the services and supplies rendered,

6662

and the insurer providing such coverage may pay for such charges

6663

directly to such person or institution lawfully rendering such

6664

treatment, if the insured receiving such treatment or his or her

6665

guardian has countersigned the properly completed invoice, bill,

6666

or claim form approved by the office upon which such charges are

6667

to be paid for as having actually been rendered, to the best

6668

knowledge of the insured or his or her guardian. In no event,

6669

however, may such a charge be in excess of the amount the person

6670

or institution customarily charges for like services or supplies.

6671

With respect to a determination of whether a charge for a

6672

particular service, treatment, or otherwise is reasonable,

6673

consideration may be given to evidence of usual and customary

6674

charges and payments accepted by the provider involved in the

6675

dispute, and reimbursement levels in the community and various

6676

federal and state medical fee schedules applicable to automobile

6677

and other insurance coverages, and other information relevant to

6678

the reasonableness of the reimbursement for the service,

6679

treatment, or supply.

6680

     2.  The insurer may limit reimbursement to 80 percent of the

6681

following schedule of maximum charges:

6682

     a.  For emergency transport and treatment by providers

6683

licensed under chapter 401, 200 percent of Medicare.

6684

     b.  For emergency services and care provided by a hospital

6685

licensed under chapter 395, 75 percent of the hospital's usual

6686

and customary charges.

6687

     c.  For emergency services and care as defined by s.

6688

395.002(9) 395.002(10) provided in a facility licensed under

6689

chapter 395 rendered by a physician or dentist, and related

6690

hospital inpatient services rendered by a physician or dentist,

6691

the usual and customary charges in the community.

6692

     d.  For hospital inpatient services, other than emergency

6693

services and care, 200 percent of the Medicare Part A prospective

6694

payment applicable to the specific hospital providing the

6695

inpatient services.

6696

     e.  For hospital outpatient services, other than emergency

6697

services and care, 200 percent of the Medicare Part A Ambulatory

6698

Payment Classification for the specific hospital providing the

6699

outpatient services.

6700

     f.  For all other medical services, supplies, and care, 200

6701

percent of the applicable Medicare Part B fee schedule. However,

6702

if such services, supplies, or care is not reimbursable under

6703

Medicare Part B, the insurer may limit reimbursement to 80

6704

percent of the maximum reimbursable allowance under workers'

6705

compensation, as determined under s. 440.13 and rules adopted

6706

thereunder which are in effect at the time such services,

6707

supplies, or care is provided. Services, supplies, or care that

6708

is not reimbursable under Medicare or workers' compensation is

6709

not required to be reimbursed by the insurer.

6710

     3.  For purposes of subparagraph 2., the applicable fee

6711

schedule or payment limitation under Medicare is the fee schedule

6712

or payment limitation in effect at the time the services,

6713

supplies, or care was rendered and for the area in which such

6714

services were rendered, except that it may not be less than the

6715

applicable 2007 Medicare Part B fee schedule for medical

6716

services, supplies, and care subject to Medicare Part B.

6717

     4.  Subparagraph 2. does not allow the insurer to apply any

6718

limitation on the number of treatments or other utilization

6719

limits that apply under Medicare or workers' compensation. An

6720

insurer that applies the allowable payment limitations of

6721

subparagraph 2. must reimburse a provider who lawfully provided

6722

care or treatment under the scope of his or her license,

6723

regardless of whether such provider would be entitled to

6724

reimbursement under Medicare due to restrictions or limitations

6725

on the types or discipline of health care providers who may be

6726

reimbursed for particular procedures or procedure codes.

6727

     5.  If an insurer limits payment as authorized by

6728

subparagraph 2., the person providing such services, supplies, or

6729

care may not bill or attempt to collect from the insured any

6730

amount in excess of such limits, except for amounts that are not

6731

covered by the insured's personal injury protection coverage due

6732

to the coinsurance amount or maximum policy limits.

6733

     (e)1.  At the initial treatment or service provided, each

6734

physician, other licensed professional, clinic, or other medical

6735

institution providing medical services upon which a claim for

6736

personal injury protection benefits is based shall require an

6737

insured person, or his or her guardian, to execute a disclosure

6738

and acknowledgment form, which reflects at a minimum that:

6739

     a.  The insured, or his or her guardian, must countersign

6740

the form attesting to the fact that the services set forth

6741

therein were actually rendered;

6742

     b.  The insured, or his or her guardian, has both the right

6743

and affirmative duty to confirm that the services were actually

6744

rendered;

6745

     c.  The insured, or his or her guardian, was not solicited

6746

by any person to seek any services from the medical provider;

6747

     d. That The physician, other licensed professional, clinic,

6748

or other medical institution rendering services for which payment

6749

is being claimed explained the services to the insured or his or

6750

her guardian; and

6751

     e.  If the insured notifies the insurer in writing of a

6752

billing error, the insured may be entitled to a certain

6753

percentage of a reduction in the amounts paid by the insured's

6754

motor vehicle insurer.

6755

     2.  The physician, other licensed professional, clinic, or

6756

other medical institution rendering services for which payment is

6757

being claimed has the affirmative duty to explain the services

6758

rendered to the insured, or his or her guardian, so that the

6759

insured, or his or her guardian, countersigns the form with

6760

informed consent.

6761

     3.  Countersignature by the insured, or his or her guardian,

6762

is not required for the reading of diagnostic tests or other

6763

services that are of such a nature that they are not required to

6764

be performed in the presence of the insured.

6765

     4.  The licensed medical professional rendering treatment

6766

for which payment is being claimed must sign, by his or her own

6767

hand, the form complying with this paragraph.

6768

     5.  The original completed disclosure and acknowledgment

6769

form shall be furnished to the insurer pursuant to paragraph

6770

(4)(b) and may not be electronically furnished.

6771

     6.  This disclosure and acknowledgment form is not required

6772

for services billed by a provider for emergency services as

6773

defined in s. 395.002, for emergency services and care as defined

6774

in s. 395.002 rendered in a hospital emergency department, or for

6775

transport and treatment rendered by an ambulance provider

6776

licensed pursuant to part III of chapter 401.

6777

     7.  The Financial Services Commission shall adopt, by rule,

6778

a standard disclosure and acknowledgment form that shall be used

6779

to fulfill the requirements of this paragraph, effective 90 days

6780

after such form is adopted and becomes final. The commission

6781

shall adopt a proposed rule by October 1, 2003. Until the rule is

6782

final, the provider may use a form of its own which otherwise

6783

complies with the requirements of this paragraph.

6784

     8.  As used in this paragraph, "countersigned" means a

6785

second or verifying signature, as on a previously signed

6786

document, and is not satisfied by the statement "signature on

6787

file" or any similar statement.

6788

     9.  The requirements of this paragraph apply only with

6789

respect to the initial treatment or service of the insured by a

6790

provider. For subsequent treatments or service, the provider must

6791

maintain a patient log signed by the patient, in chronological

6792

order by date of service, that is consistent with the services

6793

being rendered to the patient as claimed. The requirements of

6794

this subparagraph for maintaining a patient log signed by the

6795

patient may be met by a hospital that maintains medical records

6796

as required by s. 395.3025 and applicable rules and makes such

6797

records available to the insurer upon request.

6798

Reviser's note.--Paragraph (5)(a) is amended to correct an

6799

erroneous reference. "Emergency services and care" is

6800

defined in s. 395.002(9); s. 395.002(10) defines "[g]eneral

6801

hospital." Paragraph (5)(e) is amended to correct

6802

construction and eliminate redundancy.

6803

     Section 154.  Paragraph (b) of subsection (1) of section

6804

628.461, Florida Statutes, is amended to read:

6805

     628.461  Acquisition of controlling stock.--

6806

     (1)  A person may not, individually or in conjunction with

6807

any affiliated person of such person, acquire directly or

6808

indirectly, conclude a tender offer or exchange offer for, enter

6809

into any agreement to exchange securities for, or otherwise

6810

finally acquire 5 percent or more of the outstanding voting

6811

securities of a domestic stock insurer or of a controlling

6812

company, unless:

6813

     (b) The person or affiliated person has filed with the

6814

office a statement as specified in subsection (3). The statement

6815

must be completed and filed within 30 days after:

6816

     1.  Any definitive acquisition agreement is entered;

6817

     2.  Any form of tender offer or exchange offer is proposed;

6818

or

6819

     3.  The acquisition of the securities, if no definitive

6820

acquisition agreement, tender offer, or exchange offer is

6821

involved; and

6822

6823

In lieu of a filing as required under this subsection, a party

6824

acquiring less than 10 percent of the outstanding voting

6825

securities of an insurer may file a disclaimer of affiliation and

6826

control. The disclaimer shall fully disclose all material

6827

relationships and basis for affiliation between the person and

6828

the insurer as well as the basis for disclaiming the affiliation

6829

and control. After a disclaimer has been filed, the insurer shall

6830

be relieved of any duty to register or report under this section

6831

which may arise out of the insurer's relationship with the person

6832

unless and until the office disallows the disclaimer. The office

6833

shall disallow a disclaimer only after furnishing all parties in

6834

interest with notice and opportunity to be heard and after making

6835

specific findings of fact to support the disallowance. A filing

6836

as required under this subsection must be made as to any

6837

acquisition that equals or exceeds 10 percent of the outstanding

6838

voting securities.

6839

Reviser's note.--Amended to confirm the editorial insertion

6840

of the words "[t]he person or affiliated person" to improve

6841

clarity.

6842

     Section 155.  Paragraph (b) of subsection (2) of section

6843

628.4615, Florida Statutes, is amended to read:

6844

     628.4615  Specialty insurers; acquisition of controlling

6845

stock, ownership interest, assets, or control; merger or

6846

consolidation.--

6847

     (2)  A person may not, individually or in conjunction with

6848

any affiliated person of such person, directly or indirectly,

6849

conclude a tender offer or exchange offer for, enter into any

6850

agreement to exchange securities for, or otherwise finally

6851

acquire, 10 percent or more of the outstanding voting securities

6852

of a specialty insurer which is a stock corporation or of a

6853

controlling company of a specialty insurer which is a stock

6854

corporation; or conclude an acquisition of, or otherwise finally

6855

acquire, 10 percent or more of the ownership interest of a

6856

specialty insurer which is not a stock corporation or of a

6857

controlling company of a specialty insurer which is not a stock

6858

corporation, unless:

6859

     (b) The person or affiliated person has filed with the

6860

office an application signed under oath and prepared on forms

6861

prescribed by the commission which contains the information

6862

specified in subsection (4). The application must be completed

6863

and filed within 30 days after any form of tender offer or

6864

exchange offer is proposed, or after the acquisition of the

6865

securities if no tender offer or exchange offer is involved; and

6866

Reviser's note.--Amended to confirm the editorial insertion

6867

of the words "[t]he person or affiliated person" to improve

6868

clarity.

6869

     Section 156.  Subsection (5) of section 633.01, Florida

6870

Statutes, is amended to read:

6871

     633.01  State Fire Marshal; powers and duties; rules.--

6872

     (5)  It is the intent of the Legislature that there are to

6873

be no conflicting requirements between the Florida Fire

6874

Prevention Code and the Life Safety Code authorized by this

6875

chapter and the provisions of the Florida Building Code or

6876

conflicts in their enforcement and interpretation. Potential

6877

conflicts shall be resolved through coordination and cooperation

6878

of the State Fire Marshal and the Florida Building Commission as

6879

provided by this chapter and part IV VII of chapter 553.

6880

Reviser's note.--Amended to correct an erroneous reference.

6881

Part VII of chapter 553 relates to standards for radon-

6882

resistant buildings; part IV of chapter 553 relates to the

6883

Florida Building Code.

6884

     Section 157.  Subsection (4) of section 633.025, Florida

6885

Statutes, is amended to read:

6886

     633.025  Minimum firesafety standards.--

6887

     (4)  Such codes shall be minimum codes and a municipality,

6888

county, or special district with firesafety responsibilities may

6889

adopt more stringent firesafety standards, subject to the

6890

requirements of this subsection. Such county, municipality, or

6891

special district may establish alternative requirements to those

6892

requirements which are required under the minimum firesafety

6893

standards on a case-by-case basis, in order to meet special

6894

situations arising from historic, geographic, or unusual

6895

conditions, if the alternative requirements result in a level of

6896

protection to life, safety, or property equal to or greater than

6897

the applicable minimum firesafety standards. For the purpose of

6898

this subsection, the term "historic" means that the building or

6899

structure is listed on the National Register of Historic Places

6900

of the United States Department of the Interior.

6901

     (a)  The local governing body shall determine, following a

6902

public hearing which has been advertised in a newspaper of

6903

general circulation at least 10 days before the hearing, if there

6904

is a need to strengthen the requirements of the minimum

6905

firesafety code adopted by such governing body. The determination

6906

must be based upon a review of local conditions by the local

6907

governing body, which review demonstrates that local conditions

6908

justify more stringent requirements than those specified in the

6909

minimum firesafety code for the protection of life and property

6910

or justify requirements that meet special situations arising from

6911

historic, geographic, or unusual conditions.

6912

     (b)  Such additional requirements shall not be

6913

discriminatory as to materials, products, or construction

6914

techniques of demonstrated capabilities.

6915

     (c)  Paragraphs (a) and (b) apply solely to the local

6916

enforcing agency's adoption of requirements more stringent than

6917

those specified in the Florida Fire Prevention Code and the Life

6918

Safety Code that have the effect of amending building

6919

construction standards. Upon request, the enforcing agency shall

6920

provide a person making application for a building permit, or any

6921

state agency or board with construction-related regulation

6922

responsibilities, a listing of all such requirements and codes.

6923

     (d)  A local government which adopts amendments to the

6924

minimum firesafety code must provide a procedure by which the

6925

validity of such amendments may be challenged by any

6926

substantially affected party to test the amendment's compliance

6927

with the provisions of this section.

6928

     1.  Unless the local government agrees to stay enforcement

6929

of the amendment, or other good cause is shown, the challenging

6930

party shall be entitled to a hearing on the challenge within 45

6931

days.

6932

     2.  For purposes of such challenge, the burden of proof

6933

shall be on the challenging party, but the amendment shall not be

6934

presumed to be valid or invalid.

6935

6936

This subsection gives local government the authority to establish

6937

firesafety codes that exceed the minimum firesafety codes and

6938

standards adopted by the State Fire Marshal. The Legislature

6939

intends that local government give proper public notice and hold

6940

public hearings before adopting more stringent firesafety codes

6941

and standards. A substantially affected person may appeal, to the

6942

department, the local government's resolution of the challenge,

6943

and the department shall determine if the amendment complies with

6944

this section. Actions of the department are subject to judicial

6945

review pursuant to s. 120.68. The department shall consider

6946

reports of the Florida Building Commission, pursuant to part IV

6947

VII of chapter 553, when evaluating building code enforcement.

6948

Reviser's note.--Amended to correct an erroneous reference.

6949

Part VII of chapter 553 relates to standards for radon-

6950

resistant buildings; part IV of chapter 553 relates to the

6951

Florida Building Code.

6952

     Section 158.  Paragraph (b) of subsection (3) of section

6953

660.417, Florida Statutes, is amended to read:

6954

     660.417  Investment of fiduciary funds in investment

6955

instruments; permissible activity under certain circumstances;

6956

limitations.--

6957

     (3)  The fact that such bank or trust company or an

6958

affiliate of the bank or trust company owns or controls

6959

investment instruments shall not preclude the bank or trust

6960

company acting as a fiduciary from investing or reinvesting in

6961

such investment instruments, provided such investment

6962

instruments:

6963

     (b)  When sold to accounts for which the bank or trust

6964

company is acting as a trustee of a trust as defined in s.  

6965

731.201(37) 731.201(35):

6966

     1.  Are available for sale to accounts of other customers;

6967

and

6968

     2.  If sold to other customers, are not sold to the trust

6969

accounts upon terms that are less favorable to the buyer than the

6970

terms upon which they are normally sold to the other customers.

6971

Reviser's note.--Amended to conform to the redesignation of

6972

s. 731.201(35) as s. 731.201(37) by s. 3, ch. 2007-74, Laws

6973

of Florida.

6974

     Section 159.  Paragraph (f) of subsection (5) of section

6975

736.0802, Florida Statutes, is amended to read:

6976

     736.0802  Duty of loyalty.--

6977

     (5)

6978

     (f)1. The trustee of a trust described in s. 731.201(37)

6979

731.201(35) may request authority to invest in investment

6980

instruments described in this subsection other than a qualified

6981

investment instrument, by providing to all qualified

6982

beneficiaries a written request containing the following:

6983

     a.  The name, telephone number, street address, and mailing

6984

address of the trustee and of any individuals who may be

6985

contacted for further information.

6986

     b.  A statement that the investment or investments cannot be

6987

made without the consent of a majority of each class of the

6988

qualified beneficiaries.

6989

     c.  A statement that, if a majority of each class of

6990

qualified beneficiaries consent, the trustee will have the right

6991

to make investments in investment instruments, as defined in s.

6992

660.25(6), which are owned or controlled by the trustee or its

6993

affiliate, or from which the trustee or its affiliate receives

6994

compensation for providing services in a capacity other than as

6995

trustee, that such investment instruments may include investment

6996

instruments sold primarily to trust accounts, and that the

6997

trustee or its affiliate may receive fees in addition to the

6998

trustee's compensation for administering the trust.

6999

     d.  A statement that the consent may be withdrawn

7000

prospectively at any time by written notice given by a majority

7001

of any class of the qualified beneficiaries.

7002

7003

A statement by the trustee is not delivered if the statement is

7004

accompanied by another written communication other than a written

7005

communication by the trustee that refers only to the statement.

7006

     2.  For purposes of paragraph (e) and this paragraph:

7007

     a.  "Majority of the qualified beneficiaries" means:

7008

     (I)  If at the time the determination is made there are one

7009

or more beneficiaries as described in s. 736.0103(14)(c), at

7010

least a majority in interest of the beneficiaries described in s.

7011

736.0103(14)(a), at least a majority in interest of the

7012

beneficiaries described in s. 736.0103(14)(b), and at least a

7013

majority in interest of the beneficiaries described in s.

7014

736.0103(14)(c), if the interests of the beneficiaries are

7015

reasonably ascertainable; otherwise, a majority in number of each

7016

such class; or

7017

     (II)  If there is no beneficiary as described in s.

7018

736.0103(14)(c), at least a majority in interest of the

7019

beneficiaries described in s. 736.0103(14)(a) and at least a

7020

majority in interest of the beneficiaries described in s.

7021

736.0103(14)(b), if the interests of the beneficiaries are

7022

reasonably ascertainable; otherwise, a majority in number of each

7023

such class.

7024

     b.  "Qualified investment instrument" means a mutual fund,

7025

common trust fund, or money market fund described in and governed

7026

by s. 736.0816(3).

7027

     c.  An irrevocable trust is created upon execution of the

7028

trust instrument. If a trust that was revocable when created

7029

thereafter becomes irrevocable, the irrevocable trust is created

7030

when the right of revocation terminates.

7031

Reviser's note.--Amended to conform to the redesignation of

7032

s. 731.201(35) as s. 731.201(37) by s. 3, ch. 2007-74, Laws

7033

of Florida.

7034

     Section 160.  Subsection (3) of section 741.3165, Florida

7035

Statutes, is amended to read:

7036

     741.3165  Certain information exempt from disclosure.--

7037

     (3)  This section is subject to the Open Government Sunset

7038

Review Act of 1995 in accordance with s. 119.15, and shall stand

7039

repealed on October 2, 2010, unless reviewed and saved from

7040

repeal through reenactment by the Legislature.

7041

Reviser's note.--Amended to conform to the renaming of the

7042

"Open Government Sunset Review Act of 1995" as the "Open

7043

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

7044

of Florida.

7045

     Section 161.  Subsection (4) of section 744.1076, Florida

7046

Statutes, is amended to read:

7047

     744.1076  Court orders appointing court monitors and

7048

emergency court monitors; reports of court monitors; findings of

7049

no probable cause; public records exemptions.--

7050

     (4)  This section is subject to the Open Government Sunset

7051

Review Act of 1995 in accordance with s. 119.15 and shall stand

7052

repealed on October 2, 2011, unless reviewed and saved from

7053

repeal through reenactment by the Legislature.

7054

Reviser's note.--Amended to conform to the renaming of the

7055

"Open Government Sunset Review Act of 1995" as the "Open

7056

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

7057

of Florida.

7058

     Section 162.  Section 812.1725, Florida Statutes, is amended

7059

to read:

7060

     812.1725  Preemption.--A political subdivision of this state

7061

may not adopt, for convenience businesses, security standards

7062

which differ from those contained in ss. 812.173 and 812.174, and

7063

all such differing standards, whether existing or proposed, are

7064

hereby preempted and superseded by general law, except any local

7065

ordinance in effect prior to September 1988 and determined by the

7066

Department of Legal Affairs to provide more stringent security

7067

standards than those contained in ss. 812.173 and 812.174 shall

7068

not be preempted and superseded by general law for a period of 2

7069

years from December 31, 1992.

7070

Reviser's note.--Amended to delete an obsolete exemption

7071

relating to preemption.

7072

     Section 163.  Paragraph (c) of subsection (2) of section

7073

817.625, Florida Statutes, is amended to read:

7074

     817.625  Use of scanning device or reencoder to defraud;

7075

penalties.--

7076

     (2)

7077

     (c)  Any person who violates subparagraph (a)1. or

7078

subparagraph (a)2. shall also be subject to the provisions of ss.

7079

932.701-932.706 932.701-932.707.

7080

Reviser's note.--Amended to conform to the repeal of s.

7081

932.707 by s. 21, ch. 2006-176, Laws of Florida. The last

7082

section in the range is now s. 932.706.

7083

     Section 164.  Paragraph (a) of subsection (4) of section

7084

832.062, Florida Statutes, is amended to read:

7085

     832.062  Prosecution for worthless checks, drafts, debit

7086

card orders, or electronic funds transfers made to pay any tax or

7087

associated amount administered by the Department of Revenue.--

7088

     (4)(a)  In any prosecution or action under this section, the

7089

making, drawing, uttering, or delivery of a check, draft, or

7090

order; the making, sending, instructing, ordering, or initiating

7091

of any electronic funds transfer; or causing the making, sending,

7092

instructing, ordering, or initiating of any electronic transfer

7093

payment, any of which are refused by the drawee because of lack

7094

of funds or credit, is prima facie evidence of intent to defraud

7095

or knowledge of insufficient funds in, or credit with, such bank,

7096

banking institution, trust company, or other depository, unless

7097

the maker, drawer, sender, instructor, orderer, or initiator, or

7098

someone for him or her, has paid the holder thereof the amount

7099

due thereon, together with a service charge, which may not exceed

7100

the service fees authorized under s. 832.08(5), or an amount of

7101

up to 5 percent of the face amount of the check or the amount of

7102

the electronic funds transfer, whichever is greater, within 15

7103

days after written notice has been sent to the address printed on

7104

the check, or given or on file at the time of issuance, that such

7105

check, draft, order, or electronic funds transfer has not been

7106

paid to the holder thereof, and has paid the bank fees incurred

7107

by the holder. In the event of legal action for recovery, the

7108

maker, drawer, sender, instructor, orderer, or initiator may be

7109

additionally liable for court costs and reasonable attorney's

7110

fees. Notice mailed by certified or registered mail that is

7111

evidenced by return receipt, or by first-class mail that is

7112

evidenced by an affidavit of service of mail, to the address

7113

printed on the check or given or on file at the time of issuance

7114

shall be deemed sufficient and equivalent to notice having been

7115

received by the maker, drawer, sender, instructor, orderer, or

7116

initiator, whether such notice is returned undelivered or not.

7117

The form of the notice shall be substantially as follows:

7118

7119

"You are hereby notified that a check or electronic funds

7120

transfer, numbered _____, in the face amount of $_____,

7121

issued or initiated by you on   (date)  , drawn upon  

7122

(name of bank)  , and payable to _____, has been

7123

dishonored. Pursuant to Florida law, you have 15 days

7124

following the date of this notice to tender payment of

7125

the full amount of such check or electronic funds

7126

transfer plus a service charge of $25, if the face value

7127

does not exceed $50; $30, if the face value exceeds $50

7128

but does not exceed $300; $40, if the face value exceeds

7129

$300; or an amount of up to 5 percent of the face amount

7130

of the check, whichever is greater, the total amount due

7131

being $_____ and _____ cents. Unless this amount is paid

7132

in full within the time specified above, the holder of

7133

such check or electronic funds transfer may turn over the

7134

dishonored check or electronic funds transfer and all

7135

other available information relating to this incident to

7136

the state attorney for criminal prosecution. You may be

7137

additionally liable in a civil action for triple the

7138

amount of the check or electronic funds transfer, but in

7139

no case less than $50, together with the amount of the

7140

check or electronic funds transfer, a service charge,

7141

court costs, reasonable attorney's fees, and incurred

7142

bank fees, as provided in s. 68.065, Florida Statutes."

7143

7144

Subsequent persons receiving a check, draft, order, or electronic

7145

funds transfer from the original payee or a successor endorsee

7146

have the same rights that the original payee has against the

7147

maker of the instrument if the subsequent persons give notice in

7148

a substantially similar form to that provided above. Subsequent

7149

persons providing such notice are immune from civil liability for

7150

the giving of such notice and for proceeding under the forms of

7151

such notice so long as the maker of the instrument has the same

7152

defenses against these subsequent persons as against the original

7153

payee. However, the remedies available under this section may be

7154

exercised only by one party in interest.

7155

Reviser's note.--Amended to confirm the editorial insertion

7156

of the word "or" to improve clarity.

7157

     Section 165.  Paragraph (c) of subsection (3) of section

7158

921.0022, Florida Statutes, is amended to read:

7159

     921.0022  Criminal Punishment Code; offense severity ranking

7160

chart.--

7161

     (3)  OFFENSE SEVERITY RANKING CHART

7162

     (c)  LEVEL 3

7163

FloridaStatuteFelonyDegreeDescription

7164

119.10(2)(b)3rdUnlawful use of confidential information from police reports.

7165

316.066(6)(b)-(d)3rdUnlawfully obtaining or using confidential crash reports.

7166

316.193(2)(b)3rdFelony DUI, 3rd conviction.

7167

316.1935(2)3rdFleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

7168

319.30(4)3rdPossession by junkyard of motor vehicle with identification number plate removed.

7169

319.33(1)(a)3rdAlter or forge any certificate of title to a motor vehicle or mobile home.

7170

319.33(1)(c)3rdProcure or pass title on stolen vehicle.

7171

319.33(4)3rdWith intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

7172

327.35(2)(b)3rdFelony BUI.

7173

328.05(2)3rdPossess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

7174

328.07(4)3rdManufacture, exchange, or possess vessel with counterfeit or wrong ID number.

7175

370.12(1)(e)5.3rdTaking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.

7176

370.12(1)(e)6.3rdSoliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

7177

376.302(5)3rdFraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

7178

400.9935(4) 400.903(3)3rdOperating a clinic without a license or filing false license application or other required information.

7179

440.1051(3)3rdFalse report of workers' compensation fraud or retaliation for making such a report.

7180

501.001(2)(b)2ndTampers with a consumer product or the container using materially false/misleading information.

7181

624.401(4)(a)3rdTransacting insurance without a certificate of authority.

7182

624.401(4)(b)1.3rdTransacting insurance without a certificate of authority; premium collected less than $20,000.

7183

626.902(1)(a) & (b)3rdRepresenting an unauthorized insurer.

7184

697.083rdEquity skimming.

7185

790.15(3)3rdPerson directs another to discharge firearm from a vehicle.

7186

796.05(1)3rdLive on earnings of a prostitute.

7187

806.10(1)3rdMaliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

7188

806.10(2)3rdInterferes with or assaults firefighter in performance of duty.

7189

810.09(2)(c)3rdTrespass on property other than structure or conveyance armed with firearm or dangerous weapon.

7190

812.014(2)(c)2.3rdGrand theft; $5,000 or more but less than $10,000.

7191

812.0145(2)(c)3rdTheft from person 65 years of age or older; $300 or more but less than $10,000.

7192

815.04(4)(b)2ndComputer offense devised to defraud or obtain property.

7193

817.034(4)(a)3.3rdEngages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

7194

817.2333rdBurning to defraud insurer.

7195

817.234(8)(b)-(c)3rdUnlawful solicitation of persons involved in motor vehicle accidents.

7196

817.234(11)(a)3rdInsurance fraud; property value less than $20,000.

7197

817.2363rdFiling a false motor vehicle insurance application.

7198

817.23613rdCreating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

7199

817.413(2)3rdSale of used goods as new.

7200

817.505(4)3rdPatient brokering.

7201

828.12(2)3rdTortures any animal with intent to inflict intense pain, serious physical injury, or death.

7202

831.28(2)(a)3rdCounterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

7203

831.292ndPossession of instruments for counterfeiting drivers' licenses or identification cards.

7204

838.021(3)(b)3rdThreatens unlawful harm to public servant.

7205

843.193rdInjure, disable, or kill police dog or horse.

7206

860.15(3)3rdOvercharging for repairs and parts.

7207

870.01(2)3rdRiot; inciting or encouraging.

7208

893.13(1)(a)2.3rdSell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).

7209

893.13(1)(d)2.2ndSell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.

7210

893.13(1)(f)2.2ndSell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.

7211

893.13(6)(a)3rdPossession of any controlled substance other than felony possession of cannabis.

7212

893.13(7)(a)8.3rdWithhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

7213

893.13(7)(a)9.3rdObtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

7214

893.13(7)(a)10.3rdAffix false or forged label to package of controlled substance.

7215

893.13(7)(a)11.3rdFurnish false or fraudulent material information on any document or record required by chapter 893.

7216

893.13(8)(a)1.3rdKnowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.

7217

893.13(8)(a)2.3rdEmploy a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.

7218

893.13(8)(a)3.3rdKnowingly write a prescription for a controlled substance for a fictitious person.

7219

893.13(8)(a)4.3rdWrite a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.

7220

918.13(1)(a)3rdAlter, destroy, or conceal investigation evidence.

7221

944.47(1)(a)1.-2.3rdIntroduce contraband to correctional facility.

7222

944.47(1)(c)2ndPossess contraband while upon the grounds of a correctional institution.

7223

985.7213rdEscapes from a juvenile facility (secure detention or residential commitment facility).

7224

7225

Reviser's note.--Amended to correct an apparent error.

7226

Section 400.9935(4) addresses both unlicensed activity and

7227

falsified applications.

7228

     Section 166.  Subsection (1) of section 932.701, Florida

7229

Statutes, is amended to read:

7230

     932.701  Short title; definitions.--

7231

     (1) Sections 932.701-932.706 932.701-932.707 shall be known

7232

and may be cited as the "Florida Contraband Forfeiture Act."

7233

Reviser's note.--Amended to conform to the repeal of s.

7234

932.707 by s. 21, ch. 2006-176, Laws of Florida. The last

7235

section in the range is now s. 932.706.

7236

     Section 167.  Subsection (1) of section 940.05, Florida

7237

Statutes, is amended to read:

7238

     940.05  Restoration of civil rights.--Any person who has

7239

been convicted of a felony may be entitled to the restoration of

7240

all the rights of citizenship enjoyed by him or her prior to

7241

conviction if the person has:

7242

     (1) Received a full pardon from the Board of Executive

7243

Clemency board of pardons;

7244

Reviser's note.--Amended to improve clarity and conform to

7245

the proper name of the board.

7246

     Section 168.  Subsection (3) of section 943.0314, Florida

7247

Statutes, is amended to read:

7248

     943.0314  Public records and public meetings exemptions;

7249

Domestic Security Oversight Council.--

7250

     (3)  This section is subject to the Open Government Sunset

7251

Review Act of 1995 in accordance with s. 119.15 and shall stand

7252

repealed on October 2, 2010, unless reviewed and saved from

7253

repeal through reenactment by the Legislature.

7254

Reviser's note.--Amended to conform to the renaming of the

7255

"Open Government Sunset Review Act of 1995" as the "Open

7256

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

7257

of Florida.

7258

     Section 169.  Subsection (2) of section 943.32, Florida

7259

Statutes, is amended to read:

7260

     943.32  Statewide criminal analysis laboratory

7261

system.--There is established a statewide criminal analysis

7262

laboratory system to be composed of:

7263

     (2)  The existing locally funded laboratories in Broward,

7264

Dade, Indian River, Miami-Dade, Monroe, Palm Beach, and Pinellas

7265

Counties, specifically designated in s. 943.35 to be eligible for

7266

state matching funds; and

7267

Reviser's note.--Amended to conform to the redesignation of

7268

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

7269

Dade County Code.

7270

     Section 170.  Paragraph (b) of subsection (1) of section

7271

943.35, Florida Statutes, is amended to read:

7272

     943.35  Funding for existing laboratories.--

7273

     (1)  The following existing criminal analysis laboratories

7274

are eligible for receipt of state funding:

7275

     (b) The Miami-Dade Metro-Dade Police Department Crime

7276

Laboratory;

7277

Reviser's note.--Amended to conform to the current name of

7278

the crime laboratory and the redesignation of Dade County as

7279

Miami-Dade County by s. 1-4.2 of the Miami-Dade County Code.

7280

     Section 171.  Section 947.06, Florida Statutes, as amended

7281

by section 16 of chapter 90-211, Laws of Florida, is amended to

7282

read:

7283

     947.06  Meeting; when commission may act.--The commission

7284

shall meet at regularly scheduled intervals and from time to time

7285

as may otherwise be determined by the chair. The making of

7286

recommendations to the Governor and Cabinet in matters relating

7287

to modifications of acts and decisions of the chair as provided

7288

in s. 947.04(1) shall be by a majority vote of the commission. No

7289

prisoner shall be placed on parole except as provided in ss.

7290

947.172 and 947.174 by a panel of no fewer than two commissioners

7291

appointed by the chair. All matters relating to the granting,

7292

denying, or revoking of parole shall be decided in a meeting at

7293

which the public shall have the right to be present. Victims of

7294

the crime committed by the inmate shall be permitted to make an

7295

oral statement or submit a written statement regarding their

7296

views as to the granting, denying, or revoking of parole. Persons

7297

not members or employees of the commission or victims of the

7298

crime committed by the inmate may be permitted to participate in

7299

deliberations concerning the granting and revoking of paroles

7300

only upon the prior written approval of the chair of the

7301

commission. To facilitate the ability of victims and other

7302

persons to attend commission meetings, the commission shall meet

7303

in various counties including, but not limited to, Broward, Dade,

7304

Duval, Escambia, Hillsborough, Leon, Miami-Dade, Orange, and Palm

7305

Beach, with the location chosen being as close as possible to the

7306

location where the parole-eligible inmate committed the offense

7307

for which the parole-eligible inmate was sentenced. The

7308

commission shall adopt rules governing the oral participation of

7309

victims and the submission of written statements by victims.

7310

Reviser's note.--Amended to conform to the redesignation of

7311

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

7312

Dade County Code.

7313

     Section 172.  Section 947.06, Florida Statutes, as amended

7314

by section 22 of chapter 90-337, Laws of Florida, is amended to

7315

read:

7316

     947.06  Meeting; when commission may act.--The commission

7317

shall meet at regularly scheduled intervals and from time to time

7318

as may otherwise be determined by the chair. The making of

7319

recommendations to the Governor and Cabinet in matters relating

7320

to modifications of acts and decisions of the chair as provided

7321

in s. 947.04(1) shall be by a majority vote of the commission. No

7322

prisoner shall be placed on parole except as provided in ss.

7323

947.172 and 947.174 by a panel of no fewer than two commissioners

7324

appointed by the chair. All matters relating to the granting,

7325

denying, or revoking of parole shall be decided in a meeting at

7326

which the public shall have the right to be present. Victims of

7327

the crime committed by the inmate shall be permitted to make an

7328

oral statement or submit a written statement regarding their

7329

views as to the granting, denying, or revoking of parole. Persons

7330

not members or employees of the commission or victims of the

7331

crime committed by the inmate may be permitted to participate in

7332

deliberations concerning the granting and revoking of paroles

7333

only upon the prior written approval of the chair of the

7334

commission. To facilitate the ability of victims and other

7335

persons to attend commission meetings, the commission shall meet

7336

in counties including, but not limited to, Broward, Dade, Duval,

7337

Escambia, Hillsborough, Leon, Miami-Dade, Orange, and Palm Beach,

7338

with the location chosen being as close as possible to the

7339

location where the parolee or releasee committed the offense for

7340

which the parolee or releasee was sentenced. The commission shall

7341

adopt rules governing the oral participation of victims and the

7342

submission of written statements by victims.

7343

Reviser's note.--Amended to conform to the redesignation of

7344

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

7345

Dade County Code.

7346

     Section 173.  Subsection (7) of section 1001.11, Florida

7347

Statutes, is amended to read:

7348

     1001.11  Commissioner of Education; other duties.--

7349

     (7)  The commissioner shall make prominently available on

7350

the department's website the following: links to the Internet-

7351

based clearinghouse for professional development regarding

7352

physical education which is established under s. 1012.98(4)(d);

7353

the school wellness and physical education policies and other

7354

resources required under s. 1003.453(1) and (2); and other

7355

Internet sites that provide professional development for

7356

elementary teachers of physical education as defined in s.

7357

1003.01(16). These links must provide elementary teachers with

7358

information concerning current physical education and nutrition

7359

philosophy and best practices that result in student

7360

participation in physical activities that promote lifelong

7361

physical and mental well-being.

7362

Reviser's note.--Amended to delete an erroneous reference.

7363

Section 1012.98(4)(d) does not exist.

7364

     Section 174.  Subsections (5) and (6) of section 1001.215,

7365

Florida Statutes, are amended to read:

7366

     1001.215  Just Read, Florida! Office.--There is created in

7367

the Department of Education the Just Read, Florida! Office. The

7368

office shall be fully accountable to the Commissioner of

7369

Education and shall:

7370

     (5)  Provide technical assistance to school districts in the

7371

development and implementation of district plans for use of the

7372

research-based reading instruction allocation provided in s.

7373

1011.62(9) 1011.62(8) and annually review and approve such plans.

7374

     (6)  Review, evaluate, and provide technical assistance to

7375

school districts' implementation of the K-12 comprehensive

7376

reading plan required in s. 1011.62(9) 1011.62(8).

7377

Reviser's note.--Amended to correct an erroneous reference

7378

and conform to context. The comprehensive reading plan is

7379

required by s. 1011.62(9).

7380

     Section 175.  Section 1001.395, Florida Statutes, is amended

7381

to read:

7382

     1001.395  District school board members; compensation.--Each

7383

member of the district school board shall receive a base salary,

7384

the amounts indicated in this section, based on the population of

7385

the county the district school board member serves. In addition,

7386

compensation shall be made for population increments over the

7387

minimum for each population group, which shall be determined by

7388

multiplying the population in excess of the minimum for the group

7389

times the group rate. The product of such calculation shall be

7390

added to the base salary to determine the adjusted base salary.

7391

The adjusted base salaries of district school board members shall

7392

be increased annually as provided for in s. 145.19.

7393

Pop. GroupCounty Pop. RangeBase SalaryGroup Rate

7394

MinimumMaximum
I-0-9,999$5,000$0.08330

7395

II10,00049,999 49,0005,8330.020830

7396

III50,00099,9996,6660.016680

7397

IV100,000199,9997,5000.008330

7398

V200,000399,9998,3330.004165

7399

VI400,000999,9999,1660.001390

7400

VII1,000,000 10,0000.000000

7401

7402

District school board member salaries negotiated on or after

7403

November of 2006 shall remain in effect up to the date of the

7404

2007-2008 calculation provided pursuant to s. 145.19.

7405

Reviser's note.--Amended to correct an apparent error.

7406

     Section 176.  Paragraph (a) of subsection (2) of section

7407

1002.35, Florida Statutes, is amended to read:

7408

     1002.35  New World School of the Arts.--

7409

     (2)(a)  For purposes of governance, the New World School of

7410

the Arts is assigned to Miami Dade Miami-Dade College, the Miami-

7411

Dade County Public Schools Dade County School District, and one

7412

or more universities designated by the State Board of Education.

7413

The State Board of Education, in conjunction with the Board of

7414

Governors, shall assign to the New World School of the Arts a

7415

university partner or partners. In this selection, the State

7416

Board of Education and the Board of Governors shall consider the

7417

accreditation status of the core programs. Florida International

7418

University, in its capacity as the provider of university

7419

services to Miami-Dade Dade County, shall be a partner to serve

7420

the New World School of the Arts, upon meeting the accreditation

7421

criteria. The respective boards shall appoint members to an

7422

executive board for administration of the school. The executive

7423

board may include community members and shall reflect

7424

proportionately the participating institutions. Miami Dade Miami-

7425

Dade College shall serve as fiscal agent for the school.

7426

Reviser's note.--Amended to reflect the current names of

7427

Miami Dade College and the Miami-Dade County Public Schools

7428

and to conform to the redesignation of Dade County as Miami-

7429

Dade County by s. 1-4.2 of the Miami-Dade County Code.

7430

     Section 177.  Paragraph (c) of subsection (10) of section

7431

1002.39, Florida Statutes, is amended to read:

7432

     1002.39  The John M. McKay Scholarships for Students with

7433

Disabilities Program.--There is established a program that is

7434

separate and distinct from the Opportunity Scholarship Program

7435

and is named the John M. McKay Scholarships for Students with

7436

Disabilities Program.

7437

     (10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--

7438

     (c)1.  The school district shall report all students who are

7439

attending a private school under this program. The students with

7440

disabilities attending private schools on John M. McKay

7441

Scholarships shall be reported separately from other students

7442

reported for purposes of the Florida Education Finance Program.

7443

     2.  For program participants who are eligible under

7444

subparagraph (2)(a)2., the school district that is used as the

7445

basis for the calculation of the scholarship amount as provided

7446

in subparagraph (a)3. shall:

7447

     a.  Report to the department all such students who are

7448

attending a private school under this program.

7449

     b.  Be held harmless for such students from the weighted

7450

enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.

7451

1011.62(1)(d)3.a. during the first school year in which the

7452

students are reported.

7453

Reviser's note.--Amended to correct an erroneous reference

7454

and conform to context. The weighted enrollment ceiling for

7455

group 2 programs is in s. 1011.62(1)(d)3.b.

7456

     Section 178.  Subsection (4) of section 1002.72, Florida

7457

Statutes, is amended to read:

7458

     1002.72  Records of children in the Voluntary

7459

Prekindergarten Education Program.--

7460

     (4)  This section is subject to the Open Government Sunset

7461

Review Act of 1995 in accordance with s. 119.15 and shall stand

7462

repealed October 2, 2010, unless reviewed and saved from repeal

7463

through reenactment by the Legislature.

7464

Reviser's note.--Amended to conform to the renaming of the

7465

"Open Government Sunset Review Act of 1995" as the "Open

7466

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

7467

of Florida.

7468

     Section 179.  Paragraph (b) of subsection (1) of section

7469

1003.4156, Florida Statutes, is amended to read:

7470

     1003.4156  General requirements for middle grades

7471

promotion.--

7472

     (1)  Beginning with students entering grade 6 in the 2006-

7473

2007 school year, promotion from a school composed of middle

7474

grades 6, 7, and 8 requires that:

7475

     (b)  For each year in which a student scores at Level l on

7476

FCAT Reading, the student must be enrolled in and complete an

7477

intensive reading course the following year. Placement of Level 2

7478

readers in either an intensive reading course or a content area

7479

course in which reading strategies are delivered shall be

7480

determined by diagnosis of reading needs. The department shall

7481

provide guidance on appropriate strategies for diagnosing and

7482

meeting the varying instructional needs of students reading below

7483

grade level. Reading courses shall be designed and offered

7484

pursuant to the comprehensive reading plan required by s.  

7485

1011.62(9) 1011.62(8).

7486

Reviser's note.--Amended to correct an erroneous reference

7487

and conform to context. The comprehensive reading plan is

7488

required by s. 1011.62(9).

7489

     Section 180.  Paragraph (b) of subsection (2) of section

7490

1003.428, Florida Statutes, is amended to read:

7491

     1003.428  General requirements for high school graduation;

7492

revised.--

7493

     (2)  The 24 credits may be earned through applied,

7494

integrated, and combined courses approved by the Department of

7495

Education and shall be distributed as follows:

7496

     (b)  Eight credits in majors, minors, or electives:

7497

     1.  Four credits in a major area of interest, such as

7498

sequential courses in a career and technical program, fine and

7499

performing arts, or academic content area, selected by the

7500

student as part of the education plan required by s. 1003.4156.

7501

Students may revise major areas of interest each year as part of

7502

annual course registration processes and should update their

7503

education plan to reflect such revisions. Annually by October 1,

7504

the district school board shall approve major areas of interest

7505

and submit the list of majors to the Commissioner of Education

7506

for approval. Each major area of interest shall be deemed

7507

approved unless specifically rejected by the commissioner within

7508

60 days. Upon approval, each district's major areas of interest

7509

shall be available for use by all school districts and shall be

7510

posted on the department's website.

7511

     2.  Four credits in elective courses selected by the student

7512

as part of the education plan required by s. 1003.4156. These

7513

credits may be combined to allow for a second major area of

7514

interest pursuant to subparagraph 1., a minor area of interest,

7515

elective courses, or intensive reading or mathematics

7516

intervention courses as described in this subparagraph.

7517

     a.  Minor areas of interest are composed of three credits

7518

selected by the student as part of the education plan required by

7519

s. 1003.4156 and approved by the district school board.

7520

     b.  Elective courses are selected by the student in order to

7521

pursue a complete education program as described in s. 1001.41(3)

7522

and to meet eligibility requirements for scholarships.

7523

     c.  For each year in which a student scores at Level l on

7524

FCAT Reading, the student must be enrolled in and complete an

7525

intensive reading course the following year. Placement of Level 2

7526

readers in either an intensive reading course or a content area

7527

course in which reading strategies are delivered shall be

7528

determined by diagnosis of reading needs. The department shall

7529

provide guidance on appropriate strategies for diagnosing and

7530

meeting the varying instructional needs of students reading below

7531

grade level. Reading courses shall be designed and offered

7532

pursuant to the comprehensive reading plan required by s.  

7533

1011.62(9) 1011.62(8).

7534

     d.  For each year in which a student scores at Level 1 or

7535

Level 2 on FCAT Mathematics, the student must receive remediation

7536

the following year. These courses may be taught through applied,

7537

integrated, or combined courses and are subject to approval by

7538

the department for inclusion in the Course Code Directory.

7539

Reviser's note.--Amended to correct an erroneous reference

7540

and conform to context. The comprehensive reading plan is

7541

required by s. 1011.62(9).

7542

     Section 181.  Paragraph (c) of subsection (8) of section

7543

1004.43, Florida Statutes, is amended to read:

7544

     1004.43  H. Lee Moffitt Cancer Center and Research

7545

Institute.--There is established the H. Lee Moffitt Cancer Center

7546

and Research Institute at the University of South Florida.

7547

     (8)

7548

     (c)  Subparagraphs 10. and 12. of paragraph (b) are subject

7549

to the Open Government Sunset Review Act of 1995 in accordance

7550

with s. 119.15 and shall stand repealed on October 2, 2010,

7551

unless reviewed and saved from repeal through reenactment by the

7552

Legislature.

7553

Reviser's note.--Amended to conform to the renaming of the

7554

"Open Government Sunset Review Act of 1995" as the "Open

7555

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

7556

of Florida.

7557

     Section 182.  Subsection (4) of section 1004.4472, Florida

7558

Statutes, is amended to read:

7559

     1004.4472  Florida Institute for Human and Machine

7560

Cognition, Inc.; public records exemption; public meetings

7561

exemption.--

7562

     (4)  This section is subject to the Open Government Sunset

7563

Review Act of 1995 in accordance with s. 119.15 and shall stand

7564

repealed on October 2, 2009, unless reviewed and saved from

7565

repeal through reenactment by the Legislature.

7566

Reviser's note.--Amended to conform to the renaming of the

7567

"Open Government Sunset Review Act of 1995" as the "Open

7568

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

7569

of Florida.

7570

     Section 183.  Paragraph (e) of subsection (1) of section

7571

1004.55, Florida Statutes, is amended to read:

7572

     1004.55  Regional autism centers.--

7573

     (1)  Seven regional autism centers are established to

7574

provide nonresidential resource and training services for persons

7575

of all ages and of all levels of intellectual functioning who

7576

have autism, as defined in s. 393.063; who have a pervasive

7577

developmental disorder that is not otherwise specified; who have

7578

an autistic-like disability; who have a dual sensory impairment;

7579

or who have a sensory impairment with other handicapping

7580

conditions. Each center shall be operationally and fiscally

7581

independent and shall provide services within its geographical

7582

region of the state. Service delivery shall be consistent for all

7583

centers. Each center shall coordinate services within and between

7584

state and local agencies and school districts but may not

7585

duplicate services provided by those agencies or school

7586

districts. The respective locations and service areas of the

7587

centers are:

7588

     (e)  The Mailman Center for Child Development and the

7589

Department of Psychology at the University of Miami, which serves

7590

Broward, Miami-Dade Dade, and Monroe Counties.

7591

Reviser's note.--Amended to conform to the redesignation of

7592

Dade County as Miami-Dade County by s. 1-4.2 of the Miami-

7593

Dade County Code.

7594

     Section 184.  Subsection (2) of section 1004.76, Florida

7595

Statutes, is amended to read:

7596

     1004.76  Florida Martin Luther King, Jr., Institute for

7597

Nonviolence.--

7598

     (2)  There is hereby created the Florida Martin Luther King,

7599

Jr., Institute for Nonviolence to be established at Miami Dade

7600

Miami-Dade Community College. The institute shall have an

7601

advisory board consisting of 13 members as follows: the Attorney

7602

General, the Commissioner of Education, and 11 members to be

7603

appointed by the Governor, such members to represent the

7604

population of the state based on its ethnic, gender, and

7605

socioeconomic diversity. Of the members appointed by the

7606

Governor, one shall be a member of the Senate appointed by the

7607

Governor on the recommendation of the President of the Senate;

7608

one shall be a member of the Senate appointed by the Governor on

7609

the recommendation of the minority leader; one shall be a member

7610

of the House of Representatives appointed by the Governor on the

7611

recommendation of the Speaker of the House of Representatives;

7612

one shall be a member of the House of Representatives appointed

7613

by the Governor on the recommendation of the minority leader; and

7614

seven shall be members appointed by the Governor, no more than

7615

three of whom shall be members of the same political party. The

7616

following groups shall be represented by the seven members: the

7617

Florida Sheriffs Association; the Florida Association of

7618

Counties; the Florida League of Cities; state universities human

7619

services agencies; community relations or human relations

7620

councils; and youth. A chairperson shall be elected by the

7621

members and shall serve for a term of 3 years. Members of the

7622

board shall serve the following terms of office which shall be

7623

staggered:

7624

     (a)  A member of the Legislature appointed to the board

7625

shall serve for a single term not to exceed 5 years and shall

7626

serve as a member only while he or she is a member of the

7627

Legislature.

7628

     (b)  Of the seven members who are not members of the

7629

Legislature, three shall serve for terms of 4 years, two shall

7630

serve for terms of 3 years, and one shall serve for a term of 1

7631

year. Thereafter, each member, except for a member appointed to

7632

fill an unexpired term, shall serve for a 5-year term. No member

7633

shall serve on the board for more than 10 years.

7634

7635

In the event of a vacancy occurring in the office of a member of

7636

the board by death, resignation, or otherwise, the Governor shall

7637

appoint a successor to serve for the balance of the unexpired

7638

term.

7639

Reviser's note.--Amended to conform to the redesignation of

7640

Miami-Dade Community College as Miami Dade College due to

7641

new baccalaureate degrees offered.

7642

     Section 185.  Paragraph (b) of subsection (6) of section

7643

1005.38, Florida Statutes, is amended to read:

7644

     1005.38  Actions against a licensee and other penalties.--

7645

     (6)  The commission may conduct disciplinary proceedings

7646

through an investigation of any suspected violation of this

7647

chapter or any rule of the commission, including a finding of

7648

probable cause and making reports to any law enforcement agency

7649

or regulatory agency.

7650

     (b)1.  All investigatory records held by the commission in

7651

conjunction with an investigation conducted pursuant to this

7652

subsection, including minutes and findings of an exempt probable

7653

cause panel meeting convened in conjunction with such

7654

investigation, are exempt from s. 119.07(1) and s. 24(a), Art. I

7655

of the State Constitution for a period not to exceed 10 days

7656

after the panel makes a determination regarding probable cause.

7657

     2.  Those portions of meetings of the probable cause panel

7658

at which records made exempt pursuant to subparagraph 1. are

7659

discussed are exempt from s. 286.011 and s. 24(b), Art. I of the

7660

State Constitution.

7661

     3.  This paragraph is subject to the Open Government Sunset

7662

Review Act of 1995 in accordance with s. 119.15 and shall stand

7663

repealed on October 2, 2010, unless reviewed and saved from

7664

repeal through reenactment by the Legislature.

7665

Reviser's note.--Amended to conform to the renaming of the

7666

"Open Government Sunset Review Act of 1995" as the "Open

7667

Government Sunset Review Act" by s. 37, ch. 2005-251, Laws

7668

of Florida.

7669

     Section 186.  Paragraph (b) of subsection (4) of section

7670

1008.25, Florida Statutes, is amended to read:

7671

     1008.25  Public school student progression; remedial

7672

instruction; reporting requirements.--

7673

     (4)  ASSESSMENT AND REMEDIATION.--

7674

     (b)  The school in which the student is enrolled must

7675

develop, in consultation with the student's parent, and must

7676

implement a progress monitoring plan. A progress monitoring plan

7677

is intended to provide the school district and the school

7678

flexibility in meeting the academic needs of the student and to

7679

reduce paperwork. A student who is not meeting the school

7680

district or state requirements for proficiency in reading and

7681

math shall be covered by one of the following plans to target

7682

instruction and identify ways to improve his or her academic

7683

achievement:

7684

     1.  A federally required student plan such as an individual

7685

education plan;

7686

     2.  A schoolwide system of progress monitoring for all

7687

students; or

7688

     3.  An individualized progress monitoring plan.

7689

7690

The plan chosen must be designed to assist the student or the

7691

school in meeting state and district expectations for

7692

proficiency. If the student has been identified as having a

7693

deficiency in reading, the K-12 comprehensive reading plan

7694

required by s. 1011.62(9) 1011.62(8) shall include instructional

7695

and support services to be provided to meet the desired levels of

7696

performance. District school boards may require low-performing

7697

students to attend remediation programs held before or after

7698

regular school hours or during the summer if transportation is

7699

provided.

7700

Reviser's note.--Amended to correct an erroneous reference

7701

and conform to context. The comprehensive reading plan is

7702

required by s. 1011.62(9).

7703

     Section 187.  Subsection (5) of section 1008.345, Florida

7704

Statutes, is amended to read:

7705

     1008.345  Implementation of state system of school

7706

improvement and education accountability.--

7707

     (5)  The commissioner shall report to the Legislature and

7708

recommend changes in state policy necessary to foster school

7709

improvement and education accountability. Included in the report

7710

shall be a list of the schools, including schools operating for

7711

the purpose of providing educational services to youth in

7712

Department of Juvenile Justice programs, for which district

7713

school boards have developed assistance and intervention plans

7714

and an analysis of the various strategies used by the school

7715

boards. School reports shall be distributed pursuant to this

7716

subsection and s. 1001.42(16)(e) 1006.42(16)(e) and according to

7717

rules adopted by the State Board of Education.

7718

Reviser's note.--Amended to correct an erroneous reference

7719

and conform to context. The cite should be to s.

7720

1001.42(16)(e); s. 1006.42 does not contain a subsection

7721

(16).

7722

     Section 188.  Subsection (3) of section 1009.01, Florida

7723

Statutes, is amended to read:

7724

     1009.01  Definitions.--The term:

7725

     (3)  "Tuition differential" means the supplemental fee

7726

charged to a student for instruction provided by a public

7727

university in this state pursuant to s. 1009.24(16) 1009.24(15).

7728

Reviser's note.--Amended to correct an erroneous reference

7729

and conform to context. Tuition differential is covered in

7730

s. 1009.24(16).

7731

     Section 189.  Paragraph (f) of subsection (13) of section

7732

1009.24, Florida Statutes, as amended by section 5 of chapter

7733

2007-329, Laws of Florida, is amended to read:

7734

     1009.24  State university student fees.--

7735

     (13)  Each university board of trustees is authorized to

7736

establish the following fees:

7737

     (f)  A fee for miscellaneous health-related charges for

7738

services provided at cost by the university health center which

7739

are not covered by the health fee set under subsection (11) (10).

7740

Reviser's note.--Amended to conform to the addition of a new

7741

subsection (3) by s. 133, ch. 2007-217, Laws of Florida, and

7742

the redesignation of subsequent subsections by that

7743

provision.

7744

     Section 190.  Paragraph (b) of subsection (2) of section

7745

1009.98, Florida Statutes, is amended to read:

7746

     1009.98  Stanley G. Tate Florida Prepaid College Program.--

7747

     (2)  PREPAID COLLEGE PLANS.--At a minimum, the board shall

7748

make advance payment contracts available for two independent

7749

plans to be known as the community college plan and the

7750

university plan. The board may also make advance payment

7751

contracts available for a dormitory residence plan. The board may

7752

restrict the number of participants in the community college

7753

plan, university plan, and dormitory residence plan,

7754

respectively. However, any person denied participation solely on

7755

the basis of such restriction shall be granted priority for

7756

participation during the succeeding year.

7757

     (b)1.  Through the university plan, the advance payment

7758

contract shall provide prepaid registration fees for a specified

7759

number of undergraduate semester credit hours not to exceed the

7760

average number of hours required for the conference of a

7761

baccalaureate degree. Qualified beneficiaries shall bear the cost

7762

of any laboratory fees associated with enrollment in specific

7763

courses. Each qualified beneficiary shall be classified as a

7764

resident for tuition purposes pursuant to s. 1009.21, regardless

7765

of his or her actual legal residence.

7766

     2.  Effective July 1, 1998, the board may provide advance

7767

payment contracts for additional fees delineated in s.  

7768

1009.24(9)-(12) 1009.24(8)-(11), for a specified number of

7769

undergraduate semester credit hours not to exceed the average

7770

number of hours required for the conference of a baccalaureate

7771

degree, in conjunction with advance payment contracts for

7772

registration fees. Such contracts shall provide prepaid coverage

7773

for the sum of such fees, to a maximum of 45 percent of the cost

7774

of registration fees. University plan contracts purchased prior

7775

to July 1, 1998, shall be limited to the payment of registration

7776

fees as defined in s. 1009.97.

7777

     3.  Effective July 1, 2007, the board may provide advance

7778

payment contracts for the tuition differential authorized in s.  

7779

1009.24(16) 1009.24(15) for a specified number of undergraduate

7780

semester credit hours, which may not exceed the average number of

7781

hours required for the conference of a baccalaureate degree, in

7782

conjunction with advance payment contracts for registration fees.

7783

Reviser's note.--Amended to conform to the redesignation of

7784

subunits within s. 1009.24 by s. 133, ch. 2007-217, Laws of

7785

Florida. Paragraph (2)(b) was also amended to correct an

7786

erroneous reference and conform to context. Tuition

7787

differential is covered in s. 1009.24(16).

7788

     Section 191.  Subsection (5) of section 1011.48, Florida

7789

Statutes, is amended to read:

7790

     1011.48  Establishment of educational research centers for

7791

child development.--

7792

     (5)  Each educational research center for child development

7793

shall be funded by a portion of the Capital Improvement Trust

7794

Fund fee established by the Board of Governors pursuant to s.

7795

1009.24(8) 1009.24(7). Each university that establishes a center

7796

shall receive a portion of such fees collected from the students

7797

enrolled at that university, usable only at that university,

7798

equal to 22.5 cents per student per credit hour taken per term,

7799

based on the summer term and fall and spring semesters. This

7800

allocation shall be used by the university only for the

7801

establishment and operation of a center as provided by this

7802

section and rules adopted hereunder. Said allocation may be made

7803

only after all bond obligations required to be paid from such

7804

fees have been met.

7805

Reviser's note.--Amended to conform to the redesignation of

7806

subunits within s. 1009.24 by s. 133, ch. 2007-217, Laws of

7807

Florida.

7808

     Section 192.  Paragraph (c) of subsection (2) of section

7809

1012.61, Florida Statutes, is amended to read:

7810

     1012.61  Sick leave.--

7811

     (2)  PROVISIONS GOVERNING SICK LEAVE.--The following

7812

provisions shall govern sick leave:

7813

     (c)  Compensation.--Any employee having unused sick leave

7814

credit shall receive full-time compensation for the time

7815

justifiably absent on sick leave, but no compensation may be

7816

allowed beyond that which may be provided in subparagraph (2)(a)4

7817

subsection (4).

7818

Reviser's note.--Amended to correct an erroneous reference

7819

and conform to context. The cited subsection does not exist.

7820

Subparagraph (2)(a)4. relates to compensation for terminal

7821

pay for accumulated sick leave.

7822

     Section 193.  Section 1012.875, Florida Statutes, is amended

7823

to read:

7824

     1012.875 State Community College System Optional Retirement

7825

Program.--Each community college may implement an optional

7826

retirement program, if such program is established therefor

7827

pursuant to s. 1001.64(20), under which annuity or other

7828

contracts providing retirement and death benefits may be

7829

purchased by, and on behalf of, eligible employees who

7830

participate in the program, in accordance with s. 403(b) of the

7831

Internal Revenue Code. Except as otherwise provided herein, this

7832

retirement program, which shall be known as the State Community

7833

College System Optional Retirement Program, may be implemented

7834

and administered only by an individual community college or by a

7835

consortium of community colleges.

7836

     (1)  As used in this section, the term:

7837

     (a)  "Activation" means the date upon which an optional

7838

retirement program is first made available by the program

7839

administrator to eligible employees.

7840

     (b)  "College" means community colleges as defined in s.

7841

1000.21.

7842

     (c)  "Department" means the Department of Management

7843

Services.

7844

     (d)  "Program administrator" means the individual college or

7845

consortium of colleges responsible for implementing and

7846

administering an optional retirement program.

7847

     (e)  "Program participant" means an eligible employee who

7848

has elected to participate in an available optional retirement

7849

program as authorized by this section.

7850

     (2)  Participation in the optional retirement program

7851

provided by this section is limited to employees who satisfy the

7852

criteria set forth in s. 121.051(2)(c).

7853

     (3)(a)  With respect to any employee who is eligible to

7854

participate in the optional retirement program by reason of

7855

qualifying employment commencing before the program's activation:

7856

     1.  The employee may elect to participate in the optional

7857

retirement program in lieu of participation in the Florida

7858

Retirement System. To become a program participant, the employee

7859

must file with the personnel officer of the college, within 90

7860

days after the program's activation, a written election on a form

7861

provided by the Florida Retirement System and a completed

7862

application for an individual contract or certificate.

7863

     2.  An employee's participation in the optional retirement

7864

program commences on the first day of the next full calendar

7865

month following the filing of the election and completed

7866

application with the program administrator and receipt of such

7867

election by the department. An employee's membership in the

7868

Florida Retirement System terminates on this same date.

7869

     3.  Any such employee who fails to make an election to

7870

participate in the optional retirement program within 60 days

7871

after its activation has elected to retain membership in the

7872

Florida Retirement System.

7873

     (b)  With respect to any employee who becomes eligible to

7874

participate in an optional retirement program by reason of

7875

qualifying employment commencing on or after the program's

7876

activation:

7877

     1.  The employee may elect to participate in the optional

7878

retirement program in lieu of participation in the Florida

7879

Retirement System. To become a program participant, the employee

7880

must file with the personnel officer of the college, within 90

7881

days after commencing qualifying employment as provided in s.

7882

121.051(2)(c)4., a written election on a form provided by the

7883

Florida Retirement System and a completed application for an

7884

individual contract or certificate.

7885

     2.  An employee's participation in the optional retirement

7886

program commences retroactive to the first day of qualifying

7887

employment following the filing of the election and completed

7888

application with the program administrator and receipt of such

7889

election by the department. An employee's membership in the

7890

Florida Retirement System terminates on this same date.

7891

     3.  Any such employee who fails to make an election to

7892

participate in the optional retirement program within 90 days

7893

after commencing qualifying employment has elected to retain

7894

membership in the Florida Retirement System.

7895

     (c)  Any employee who, on or after an optional retirement

7896

program's activation, becomes eligible to participate in the

7897

program by reason of a change in status due to the subsequent

7898

designation of the employee's position as one of those referenced

7899

in subsection (2), or due to the employee's appointment,

7900

promotion, transfer, or reclassification to a position referenced

7901

in subsection (2), must be notified by the college of the

7902

employee's eligibility to participate in the optional retirement

7903

program in lieu of participation in the Florida Retirement

7904

System. These eligible employees are subject to the provisions of

7905

paragraph (b) and may elect to participate in the optional

7906

retirement program in the same manner as those employees

7907

described in paragraph (b), except that the 90-day election

7908

period commences upon the date notice of eligibility is received

7909

by the employee and participation in the program begins the first

7910

day of the first full calendar month that the change in status

7911

becomes effective.

7912

     (d)  Program participants must be fully and immediately

7913

vested in the optional retirement program upon issuance of an

7914

optional retirement program contract.

7915

     (e)  The election by an eligible employee to participate in

7916

the optional retirement program is irrevocable for so long as the

7917

employee continues to meet the eligibility requirements set forth

7918

in this section and in s. 121.051(2)(c), except as provided in

7919

paragraph (i) or as provided in s. 121.051(2)(c)3.

7920

     (f)  If a program participant becomes ineligible to continue

7921

participating in the optional retirement program pursuant to the

7922

criteria referenced in subsection (2), the employee becomes a

7923

member of the Florida Retirement System if eligible. The college

7924

must notify the department of an employee's change in eligibility

7925

status within 30 days after the event that makes the employee

7926

ineligible to continue participation in the optional retirement

7927

program.

7928

     (g)  An eligible employee who is a member of the Florida

7929

Retirement System at the time of election to participate in the

7930

optional retirement program retains all retirement service credit

7931

earned under the Florida Retirement System at the rate earned.

7932

Additional service credit in the Florida Retirement System may

7933

not be earned while the employee participates in the optional

7934

retirement program, nor is the employee eligible for disability

7935

retirement under the Florida Retirement System. An eligible

7936

employee may transfer from the Florida Retirement System to his

7937

or her accounts under the State Community College System Optional

7938

Retirement Program a sum representing the present value of his or

7939

her service credit accrued under the defined benefit program of

7940

the Florida Retirement System for the period between his or her

7941

first eligible transfer date from the defined benefit plan to the

7942

optional retirement program and the actual date of such transfer

7943

as provided in s. 121.051(2)(c)7. Upon such transfer, all such

7944

service credit previously earned under the defined benefit

7945

program of the Florida Retirement System during this period shall

7946

be nullified for purposes of entitlement to a future benefit

7947

under the defined benefit program of the Florida Retirement

7948

System.

7949

     (h)  A program participant may not simultaneously

7950

participate in any other state-administered retirement system,

7951

plan, or class.

7952

     (i)  Except as provided in s. 121.052(6)(d), a program

7953

participant who is or who becomes dually employed in two or more

7954

positions covered by the Florida Retirement System, one of which

7955

is eligible for an optional retirement program pursuant to this

7956

section and one of which is not, is subject to the dual

7957

employment provisions of chapter 121.

7958

     (4)(a)  Each college must contribute on behalf of each

7959

program participant an amount equal to 10.43 percent of the

7960

participant's gross monthly compensation. The college shall

7961

deduct an amount approved by the district board of trustees of

7962

the college to provide for the administration of the optional

7963

retirement program. Payment of this contribution must be made

7964

either directly by the college or through the program

7965

administrator to the designated company contracting for payment

7966

of benefits to the program participant.

7967

     (b)  Each college must contribute on behalf of each program

7968

participant an amount equal to the unfunded actuarial accrued

7969

liability portion of the employer contribution which would be

7970

required if the program participant were a member of the Regular

7971

Class of the Florida Retirement System. Payment of this

7972

contribution must be made directly by the college to the

7973

department for deposit in the Florida Retirement System Trust

7974

Fund.

7975

     (c)  Each program participant who has been issued an

7976

optional retirement program contract may contribute by way of

7977

salary reduction or deduction a percentage of the program

7978

participant's gross compensation, but this percentage may not

7979

exceed the corresponding percentage contributed by the community

7980

college to the optional retirement program. Payment of this

7981

contribution may be made either directly by the college or

7982

through the program administrator to the designated company

7983

contracting for payment of benefits to the program participant.

7984

     (d)  Contributions to an optional retirement program by a

7985

college or a program participant are in addition to, and have no

7986

effect upon, contributions required now or in future by the

7987

federal Social Security Act.

7988

     (e)  The college may accept for deposit into participant

7989

account or accounts contributions in the form of rollovers or

7990

direct trustee-to-trustee transfers by or on behalf of

7991

participants who are reasonably determined by the college to be

7992

eligible for rollover or transfer to the optional retirement

7993

program pursuant to the Internal Revenue Code, if such

7994

contributions are made in accordance with the applicable

7995

requirements of the college. Accounting for such contributions

7996

shall be in accordance with any applicable requirements of the

7997

Internal Revenue Code and the college.

7998

     (5)(a)  The benefits to be provided to program participants

7999

must be provided through contracts, including individual

8000

contracts or individual certificates issued for group annuity or

8001

other contracts, which may be fixed, variable, or both, in

8002

accordance with s. 403(b) of the Internal Revenue Code. Each

8003

individual contract or certificate must state the type of

8004

contract on its face page, and must include at least a statement

8005

of ownership, the contract benefits, distribution options,

8006

limitations, expense charges, and surrender charges, if any.

8007

     (b)  Benefits are payable under the optional retirement

8008

program to program participants or their beneficiaries, and the

8009

benefits must be paid only by the designated company in

8010

accordance with the terms of the contracts applicable to the

8011

program participant. Benefits shall accrue in individual accounts

8012

that are participant-directed, portable, and funded by employer

8013

contributions and the earnings thereon. Benefits funded by

8014

employer contributions are payable in accordance with the

8015

following terms and conditions:

8016

     1.  Benefits shall be payable only to a participant, to his

8017

or her beneficiaries, or to his or her estate, as designated by

8018

the participant.

8019

     2.  Benefits shall be paid by the provider company or

8020

companies in accordance with the law, the provisions of the

8021

contract, and any applicable employer rule or policy.

8022

     3.  In the event of a participant's death, moneys

8023

accumulated by, or on behalf of, the participant, less

8024

withholding taxes remitted to the Internal Revenue Service, if

8025

any, shall be distributed to the participant's designated

8026

beneficiary or beneficiaries, or to the participant's estate, as

8027

if the participant retired on the date of death as provided in

8028

paragraph (d). No other death benefits shall be available for

8029

survivors of participants under the optional retirement program

8030

except for such benefits, or coverage for such benefits, as are

8031

separately afforded by the employer at the employer's discretion.

8032

     (c)  Upon receipt by the provider company of a properly

8033

executed application for distribution of benefits, the total

8034

accumulated benefits shall be payable to the participant as:

8035

     1.  A lump-sum distribution to the participant;

8036

     2.  A lump-sum direct rollover distribution whereby all

8037

accrued benefits, plus interest and investment earnings, are paid

8038

from the participant's account directly to an eligible retirement

8039

plan as defined in s. 402(c)(8)(B) of the Internal Revenue Code,

8040

on behalf of the participant;

8041

     3.  Periodic distributions;

8042

     4.  A partial lump-sum payment whereby a portion of the

8043

accrued benefit is paid to the participant and the remaining

8044

amount is transferred to an eligible retirement plan, as defined

8045

in s. 402(c)(8)(B) of the Internal Revenue Code, on behalf of the

8046

participant; or

8047

     5.  Such other distribution options as are provided for in

8048

the participant's optional retirement program contract.

8049

     (d)  Survivor benefits shall be payable as:

8050

     1.  A lump-sum distribution payable to the beneficiaries or

8051

to the deceased participant's estate;

8052

     2.  An eligible rollover distribution on behalf of the

8053

surviving spouse or beneficiary of a deceased participant whereby

8054

all accrued benefits, plus interest and investment earnings, are

8055

paid from the deceased participant's account directly to an

8056

eligible retirement plan, as described in s. 402(c)(8)(B) of the

8057

Internal Revenue Code, on behalf of the surviving spouse;

8058

     3.  Such other distribution options as are provided for in

8059

the participant's optional retirement program contract; or

8060

     4.  A partial lump-sum payment whereby a portion of the

8061

accrued benefits are paid to the deceased participant's surviving

8062

spouse or other designated beneficiaries, less withholding taxes

8063

remitted to the Internal Revenue Service, if any, and the

8064

remaining amount is transferred directly to an eligible

8065

retirement plan, as described in s. 402(c)(8)(B) of the Internal

8066

Revenue Code, on behalf of the surviving spouse. The proportions

8067

must be specified by the participant or the surviving

8068

beneficiary.

8069

8070

Nothing in this paragraph abrogates other applicable provisions

8071

of state or federal law providing payment of death benefits.

8072

     (e)  The benefits payable to any person under the optional

8073

retirement program, and any contribution accumulated under the

8074

program, are not subject to assignment, execution, attachment, or

8075

to any legal process whatsoever.

8076

     (6)(a)  The optional retirement program authorized by this

8077

section must be implemented and administered by the program

8078

administrator under s. 403(b) of the Internal Revenue Code. The

8079

program administrator has the express authority to contract with

8080

a third party to fulfill any of the program administrator's

8081

duties.

8082

     (b)  The program administrator shall solicit competitive

8083

bids or issue a request for proposal and select no more than four

8084

companies from which optional retirement program contracts may be

8085

purchased under the optional retirement program. In making these

8086

selections, the program administrator shall consider the

8087

following factors:

8088

     1.  The financial soundness of the company.

8089

     2.  The extent of the company's experience in providing

8090

annuity or other contracts to fund retirement programs.

8091

     3.  The nature and extent of the rights and benefits

8092

provided to program participants in relation to the premiums

8093

paid.

8094

     4.  The suitability of the rights and benefits provided to

8095

the needs of eligible employees and the interests of the college

8096

in the recruitment and retention of employees.

8097

8098

In lieu of soliciting competitive bids or issuing a request for

8099

proposals, the program administrator may authorize the purchase

8100

of annuity contracts under the optional retirement program from

8101

those companies currently selected by the department to offer

8102

such contracts through the State University System Optional

8103

Retirement Program, as set forth in s. 121.35.

8104

     (c)  Optional retirement program annuity contracts must be

8105

approved in form and content by the program administrator in

8106

order to qualify. The program administrator may use the same

8107

annuity contracts currently used within the State University

8108

System Optional Retirement Program, as set forth in s. 121.35.

8109

     (d)  The provision of each annuity contract applicable to a

8110

program participant must be contained in a written program

8111

description that includes a report of pertinent financial and

8112

actuarial information on the solvency and actuarial soundness of

8113

the program and the benefits applicable to the program

8114

participant. The company must furnish the description annually to

8115

the program administrator, and to each program participant upon

8116

commencement of participation in the program and annually

8117

thereafter.

8118

     (e)  The program administrator must ensure that each program

8119

participant is provided annually with an accounting of the total

8120

contributions and the annual contributions made by and on the

8121

behalf of the program participant.

8122

Reviser's note.--Amended to conform to the complete title of

8123

the State Community College System Optional Retirement

8124

Program as referenced in the section.

8125

     Section 194.  Subsection (1) of section 1013.73, Florida

8126

Statutes, is amended to read:

8127

     1013.73  Effort index grants for school district

8128

facilities.--

8129

     (1)  The Legislature hereby allocates for effort index

8130

grants the sum of $300 million from the funds appropriated from

8131

the Educational Enhancement Trust Fund by s. 46, chapter 97-384,

8132

Laws of Florida, contingent upon the sale of school capital

8133

outlay bonds. From these funds, the Commissioner of Education

8134

shall allocate to the four school districts deemed eligible for

8135

an effort index grant by the SMART Schools Clearinghouse the sums

8136

of $7,442,890 to the Clay County School District, $62,755,920 to

8137

the Miami-Dade County Public Schools Dade County School District,

8138

$1,628,590 to the Hendry County School District, and $414,950 to

8139

the Madison County School District. The remaining funds shall be

8140

allocated among the remaining district school boards that qualify

8141

for an effort index grant by meeting the local capital outlay

8142

effort criteria in paragraph (a) or paragraph (b).

8143

     (a)  Between July 1, 1995, and June 30, 1999, the school

8144

district received direct proceeds from the one-half-cent sales

8145

surtax for public school capital outlay authorized by s.

8146

212.055(6) or from the local government infrastructure sales

8147

surtax authorized by s. 212.055(2).

8148

     (b)  The school district met two of the following criteria:

8149

     1.  Levied the full 2 mills of nonvoted discretionary

8150

capital outlay authorized by s. 1011.71(2) during 1995-1996,

8151

1996-1997, 1997-1998, and 1998-1999.

8152

     2.  Levied a cumulative voted millage for capital outlay and

8153

debt service equal to 2.5 mills for fiscal years 1995 through

8154

1999.

8155

     3.  Received proceeds of school impact fees greater than

8156

$500 per dwelling unit which were in effect on July 1, 1998.

8157

     4.  Received direct proceeds from either the one-half-cent

8158

sales surtax for public school capital outlay authorized by s.

8159

212.055(6) or from the local government infrastructure sales

8160

surtax authorized by s. 212.055(2).

8161

Reviser's note.--Amended to conform to the current name of

8162

the school district and the redesignation of Dade County as

8163

Miami-Dade County by s. 1-4.2 of the Miami-Dade County Code.

8164

     Section 195.  This act shall take effect on the 60th day

8165

after adjournment sine die of the session of the Legislature in

8166

which enacted.

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