House Bill 1037er

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  1

  2         An act relating to the Florida Statutes;

  3         amending ss. 11.149, 11.242, 11.46, 15.182,

  4         20.19, 20.22, 20.23, 20.315, 20.316, 27.0055,

  5         27.365, 27.702, 28.101, 34.201, 39.01, 39.0132,

  6         39.3031, 39.503, 39.821, 49.011, 50.011,

  7         50.031, 50.051, 63.0427, 63.162, 72.011,

  8         90.4025, 90.953, 92.53, 97.1031, 101.62,

  9         101.65, 104.047, 106.082, 110.112, 110.123,

10         112.19, 112.191, 112.215, 112.3135, 112.3143,

11         112.352, 112.361, 120.57, 120.595, 120.81,

12         121.011, 121.021, 121.046, 121.051, 121.091,

13         121.125, 121.40, 122.03, 125.0104, 154.503,

14         161.36, 163.01, 163.03, 163.360, 166.231,

15         175.021, 175.071, 185.06, 186.001, 186.003,

16         186.006, 186.505, 199.023, 206.97, 206.9915,

17         212.06, 212.08, 212.12, 212.20, 213.05,

18         213.053, 215.32, 215.58, 215.96, 216.0315,

19         216.136, 216.181, 216.236, 216.237, 216.346,

20         218.21, 218.65, 220.02, 228.053, 228.055,

21         228.0565, 229.593, 230.2305, 231.261, 232.246,

22         233.17, 235.05, 235.2197, 235.435, 236.08107,

23         236.1228, and 236.685, Florida Statutes;

24         reenacting and amending s. 117.05(5), Florida

25         Statutes; and reenacting ss. 90.503(1),

26         112.313(9), 197.222(1), and 206.59(4), Florida

27         Statutes, pursuant to s. 11.242, Florida

28         Statutes; deleting provisions which have

29         expired, have become obsolete, have had their

30         effect, have served their purpose, or have been

31         impliedly repealed or superseded; replacing


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  1         incorrect cross-references and citations;

  2         correcting grammatical, typographical, and like

  3         errors; removing inconsistencies, redundancies,

  4         and unnecessary repetition in the statutes;

  5         improving the clarity of the statutes and

  6         facilitating their correct interpretation; and

  7         confirming the restoration of provisions

  8         unintentionally omitted from republication in

  9         the acts of the Legislature during the

10         amendatory process.

11

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

13

14         Section 1.  Section 11.149, Florida Statutes, is

15  amended to read:

16         11.149  Application Inapplicability of certain sections

17  of ch. 68-35 to the Legislative Auditing Committee.--Sections

18  11.143, 11.147 The amendments to ss. 11.141-11.148, 11.23(1),

19  11.241, 11.242(6) 11.242(6)(a), 11.243(3), 11.246(2)(a),

20  11.25(1), and 11.26 as created and amended enacted by chapter

21  68-35, Laws of Florida, shall not apply to the Legislative

22  Auditing Committee or the Auditor General.

23

24         Reviser's note.--Deletes references to

25         provisions repealed by ch. 96-318, Laws of

26         Florida, and s. 21, ch. 72-178, Laws of

27         Florida; conforms to the repeal of s.

28         11.242(6)(b)-(g) by s. 27, ch. 90-335, Laws of

29         Florida; and amends the text to reflect that

30         ss. 11.143 and 11.147 were created by ch.

31         68-35, Laws of Florida.


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  1         Section 2.  Subsection (6) of section 11.242, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         11.242  Powers, duties, and functions as to statutory

  4  revision.--The powers, duties, and functions of the Office of

  5  Legislative Services in the operation and maintenance of a

  6  statutory revision program shall be as follows:

  7         (6)  To award contracts from time to time for editorial

  8  work in the preparation of copy and other necessary material,

  9  and for printing as defined in s. 283.60; and to pay for such

10  other things as are authorized to be done and performed as

11  part of a statutory revision program under the laws of this

12  state.

13

14         Reviser's note.--Amended to conform to the

15         repeal of s. 283.60 by s. 37, ch. 96-318, Laws

16         of Florida.

17

18         Section 3.  Subsection (2) of section 11.46, Florida

19  Statutes, is amended to read:

20         11.46  Accounting procedures.--

21         (2)  State officers and agencies referred to in this

22  section mean any state agency as defined in ss. 11.40-11.47

23  11.40-11.48.

24

25         Reviser's note.--Amended to conform to the

26         repeal of s. 11.48 by s. 28, ch. 96-318, Laws

27         of Florida.

28

29         Section 4.  Subsection (1) of section 15.182, Florida

30  Statutes, is amended to read:

31


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  1         15.182  International travel by state-funded musical,

  2  cultural, or artistic organizations; notification to

  3  Department of State.--

  4         (1)  If a musical, cultural, or artistic organization

  5  that receives state funding is traveling internationally for a

  6  presentation, performance, or other significant public

  7  viewing, including an organization associated with a college

  8  or university, such organization shall notify the Department

  9  of State of its intentions to travel, together with the date,

10  time, and location of each appearance. It is the desire of the

11  Legislature that such cultural exchanges be coordinated with

12  the state's economic development goals. The Secretary of State

13  shall notify Enterprise Florida, Inc., of the intended travel

14  schedule of all such organizations, including, but not limited

15  to, symphonies, orchestras, dance troupes troops, bands,

16  choirs, choral groups, drama troupes troops, musical

17  performing groups, traveling exhibitions sponsored by museums,

18  and performance artists.

19

20         Reviser's note.--Amended to improve clarity.

21

22         Section 5.  Paragraph (h) of subsection (3), paragraphs

23  (b) and (c) of subsection (8), and subsection (13) of section

24  20.19, Florida Statutes, 1998 Supplement, are amended to read:

25         20.19  Department of Children and Family

26  Services.--There is created a Department of Children and

27  Family Services.

28         (3)  OFFICE OF STANDARDS AND EVALUATION.--There is

29  created under the secretary the Office of Standards and

30  Evaluation which has the following responsibilities:

31


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  1         (h)  Evaluating and reporting to the Legislature,

  2  beginning December 31, 1999, and by October 31 of each

  3  subsequent year, on the following issues:

  4         1.  The effectiveness of the department's performance

  5  contracting system in accomplishing program outcomes and in

  6  continuously improving performance.

  7         2.  The adequacy of resources and internal controls

  8  used by each program and service district to ensure

  9  effectiveness and quality of client services provided through

10  standard contracts and other agreements.

11         3.  The effectiveness and quality of contracted

12  services for each client target group, as determined by annual

13  performance reporting and results of quality assurance

14  monitoring.

15         4.  The status of the department's progress in

16  complying with the provisions of this act, including the work

17  of the contract evaluation teams established pursuant to

18  paragraph (10)(g)(9)(g).

19         (8)  HEALTH AND HUMAN SERVICES BOARDS.--

20         (b)  At any time after the adoption of initial bylaws

21  pursuant to paragraph (o), a district health and human

22  services board may adopt a bylaw that enlarges the size of the

23  board up to a maximum of 23 members, or otherwise adjusts the

24  size or composition of the board, including a decision to

25  change from a district board to subdistrict boards, or from a

26  subdistrict board to a district board, if in the judgment of

27  the board, such change is necessary to adequately represent

28  the diversity of the population within the district or

29  subdistrict. In the creation of subdistrict boards, the bylaws

30  shall set the size of the board, not to exceed 15 members, and

31  shall set the number of appointments to be made by the


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  1  Governor and the respective boards of county commissioners in

  2  the subdistrict. The Governor shall be given the authority to

  3  appoint no fewer than one-fifth of the members. Current

  4  members of the district board shall become members of the

  5  subdistrict board in the subdistrict where they reside.

  6  Vacancies on a newly created subdistrict board shall be filled

  7  from among the list of nominees submitted to the subdistrict

  8  nominee qualifications review committee pursuant to subsection

  9  (9)(8).

10         (c)  The appointments by the Governor and the boards of

11  county commissioners are from nominees selected by the

12  appropriate district nominee qualifications review committee

13  pursuant to subsection (9)(8). Membership of each board must

14  be representative of its district with respect to age, gender,

15  and ethnicity. For boards having 15 members or fewer, at least

16  two members must be consumers of the department's services.

17  For boards having more than 15 members, there must be at least

18  three consumers on the board. Members must have demonstrated

19  their interest and commitment to, and have appropriate

20  expertise for, meeting the health and family services needs of

21  the community. The Governor shall appoint nominees whose

22  presence on the health and human services board will help

23  assure that the board reflects the demographic characteristics

24  and consumer perspective of each of the service districts.

25         (13)  CONFORMITY WITH FEDERAL STATUTES AND

26  REGULATIONS.--It is the intent of the Legislature that this

27  section not conflict with any federal statute or implementing

28  regulation governing federal grant-in-aid programs

29  administered by the department. Whenever such a conflict is

30  asserted by the applicable agency of the Federal Government,

31  the secretary of the department shall submit to the United


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  1  States Department of Health and Human Services, or other

  2  applicable federal agency, a request for a favorable policy

  3  response or a waiver of the conflicting portions. If such

  4  request is approved, as certified in writing by the Secretary

  5  of the United States Department of Health and Human Services

  6  or head of the other applicable federal agency, the secretary

  7  of the department is authorized to make the adjustments in the

  8  organization and state service plan prescribed by this section

  9  which are necessary for conformity to federal statutes and

10  regulations. Prior to making such adjustments, the secretary

11  shall provide to the Speaker of the House of Representatives

12  and the President of the Senate an explanation and

13  justification of the position of the department and shall

14  outline all feasible alternatives consistent with the

15  provisions of this section. These alternatives may include the

16  state supervision of local service agencies by the department

17  if such agencies are designated by the Governor. The Governor

18  is hereby authorized to designate local agencies of county

19  governments to provide services pursuant to federally required

20  state plans administered by the department. These local

21  agencies shall provide services for and on behalf of the

22  county governments included within the geographic boundaries

23  of the local agency. The board of commissioners of each county

24  within the local agency shall annually approve the service

25  plan to be provided by the local service agency. In order to

26  assure coordination with other health and family services

27  provided to citizens within each county, local service

28  agencies designated by the Governor pursuant to this section

29  shall correspond to the service districts created pursuant to

30  subsection (7)(6). The district administrator of each service

31  district is designated the head of the local service agency.


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  1  As head of the local service agency, the district

  2  administrator shall administer the service programs in

  3  conformity with statewide policies, procedures, and guidelines

  4  established by the department. The local agency shall

  5  administer its program pursuant to a written agreement with

  6  the department which:

  7         (a)  Indicates that the local agency will conduct its

  8  program under the supervision of the department in accordance

  9  with the state plan and in compliance with statewide standards

10  as established by the department, including standards of

11  organization and administration.

12         (b)  Sets forth the methods to be followed by the

13  department in its supervision of the local agency, including

14  an evaluation of the effectiveness of the program of the local

15  agency.

16         (c)  Sets forth the basis on which the department

17  participates financially in its locally administered programs.

18         (d)  Indicates whether the local agency will utilize

19  another local public or nonprofit agency in the provision of

20  services and the arrangements for such utilization.

21

22  The local agency is responsible for the administration of all

23  aspects of the program within the political subdivisions which

24  it serves. In order to assure uniformity of personnel

25  standards, the local agency shall utilize the state personnel

26  rules and regulations, including provisions related to tenure,

27  selection, appointment, and qualifications of personnel.

28

29         Reviser's note.--Amended to conform to the

30         redesignation of subunits of s. 20.19 by s.

31         120, ch. 98-403, Laws of Florida.


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  1         Section 6.  Paragraph (a) of subsection (5) of section

  2  20.22, Florida Statutes, is amended to read:

  3         20.22  Department of Management Services.--There is

  4  created a Department of Management Services.

  5         (5)(a)  The Florida State Group Insurance Council is

  6  created within the Division of State Group Insurance for the

  7  purpose of providing joint and coordinated oversight of the

  8  operation and administration of the state group insurance

  9  program.  The council shall consist of the state budget

10  director; an individual from the private sector with an

11  extensive health administration background, appointed by the

12  Governor; a member of the Florida Senate, appointed by the

13  President of the Senate; a member of the Florida House of

14  Representatives, appointed by the Speaker of the House of

15  Representatives; a representative of the State University

16  System, appointed by the Board of Regents; the State Insurance

17  Commissioner or his designee; the director of the Division of

18  Retirement; and two representatives of employees and retirees,

19  appointed by the Governor. Members of the council appointed by

20  the Governor shall be appointed to serve terms of 4 years

21  each.  Each member of the council shall serve until a

22  successor is appointed.  Additionally, the director of the

23  Division of State Group Employee Insurance shall be a

24  nonvoting member of the council.

25

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

27         to conform to the redesignation of the Division

28         of State Employees' Insurance as the Division

29         of State Group Insurance by s. 1, ch. 97-92,

30         Laws of Florida.

31


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  1         Section 7.  Paragraph (a) of subsection (1) and

  2  paragraphs (a) and (d) of subsection (3) of section 20.23,

  3  Florida Statutes, 1998 Supplement, are amended to read:

  4         20.23  Department of Transportation.--There is created

  5  a Department of Transportation which shall be a decentralized

  6  agency.

  7         (1)(a)1.  The head of the Department of Transportation

  8  is the Secretary of Transportation. The secretary shall be

  9  appointed by the Governor from among three persons nominated

10  by the Florida Transportation Commission and shall be subject

11  to confirmation by the Senate, except that any secretary that

12  was appointed before October 1, 1987, need not have been

13  nominated by the commission. The secretary shall serve at the

14  pleasure of the Governor.

15         2.  The secretary shall be a proven, effective

16  administrator who by a combination of education and experience

17  shall clearly possess a broad knowledge of the administrative,

18  financial, and technical aspects of the development,

19  operation, and regulation of transportation systems and

20  facilities or comparable systems and facilities.

21         (3)(a)  The central office shall establish departmental

22  policies, rules, procedures, and standards and shall monitor

23  the implementation of such policies, rules, procedures, and

24  standards in order to ensure uniform compliance and quality

25  performance by the districts and central office units that

26  implement transportation programs.  The central office

27  monitoring function shall be based on a plan that clearly

28  specifies what areas will be monitored, activities and

29  criteria used to measure compliance, and a feedback process

30  that assures monitoring findings are reported and deficiencies

31  corrected.  The secretary is responsible for ensuring that the


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  1  central office monitoring function is implemented by October

  2  1, 1990, and that it functions properly thereafter.  In

  3  conjunction with its monitoring function, the central office

  4  shall provide such training and administrative support to the

  5  districts as the department determines to be necessary to

  6  ensure that the department's programs are carried out in the

  7  most efficient and effective manner.

  8         (d)1.  Policy, program, or operations offices shall be

  9  established within the central office for the purposes of:

10         a.  Developing policy and procedures and monitoring

11  performance to ensure compliance with these policies and

12  procedures;

13         b.  Performing statewide activities which it is more

14  cost-effective to perform in a central location;

15         c.  Assessing and ensuring the accuracy of information

16  within the department's financial management information

17  systems; and

18         d.  Performing other activities of a statewide nature.

19         2.  The following offices are established and shall be

20  headed by a manager, each of whom shall be appointed by and

21  serve at the pleasure of the secretary. The positions shall be

22  classified at a level equal to a division director:

23         a.  The Office of Administration;

24         b.  The Office of Policy Planning;

25         c.  The Office of Design;

26         d.  The Office of Construction;

27         e.  The Office of Right-of-Way;

28         f.  The Office of Toll Operations; and

29         g.  The Office of Information Systems.

30         3.  Other offices may be established in accordance with

31  s. 20.04(7) 20.04(6). The heads of such offices are exempt


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  1  from part II of chapter 110. No office or organization shall

  2  be created at a level equal to or higher than a division

  3  without specific legislative authority.

  4

  5         Reviser's note.--Paragraphs (1)(a) and (3)(a)

  6         are amended to delete obsolete provisions, and

  7         paragraph (3)(d) is amended to conform to the

  8         redesignation of subunits of s. 20.04 by s. 3,

  9         ch. 94-235, Laws of Florida.

10

11         Section 8.  Paragraphs (a) and (b) of subsection (6) of

12  section 20.315, Florida Statutes, 1998 Supplement, are amended

13  to read:

14         20.315  Department of Corrections.--There is created a

15  Department of Corrections.

16         (6)  FLORIDA CORRECTIONS COMMISSION.--

17         (a)1.  The Florida Corrections Commission is hereby

18  created. The primary focus of the commission shall be on

19  corrections; however, in those instances in which the policies

20  of other components of the criminal justice system affect

21  corrections, the commission shall advise and make

22  recommendations.

23         2.  The commission shall consist of nine members

24  appointed by the Governor subject to confirmation by the

25  Senate. The initial members of the commission shall be

26  appointed by October 1, 1994. Members of the commission shall

27  serve terms of 4 years each, except that four of the initial

28  members shall be appointed for terms of 2 years each. Members

29  must be appointed in such a manner as to equitably represent

30  all geographic areas of the state. Each member of the

31  commission must be a citizen and registered voter of the


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  1  state. A member of the commission shall represent the public

  2  safety needs of the state as a whole and may not subordinate

  3  the needs of the state to those of any particular area of the

  4  state. The commission's membership should, to the extent

  5  possible, contain persons who are knowledgeable about

  6  construction, health care, information technology, education,

  7  business, food services, law, and inmate and youthful offender

  8  rehabilitation and services.

  9         3.  The commission is assigned to the office of the

10  Secretary of Corrections for administrative and fiscal

11  accountability purposes, but it shall otherwise function

12  independently of the control and direction of the Department

13  of Corrections.

14         (b)  The primary functions of the commission are to:

15         1.  Recommend major correctional policies for the

16  Governor's approval, and assure that approved policies and any

17  revisions thereto are properly executed.

18         2.  Periodically review the status of the state

19  correctional system and recommend improvements therein to the

20  Governor and the Legislature.

21         3.  Annually perform an in-depth review of

22  community-based intermediate sanctions and recommend to the

23  Governor and the Legislature intergovernmental approaches

24  through the Community Corrections Partnership Act for planning

25  and implementing such sanctions and programs.

26         4.  Perform an in-depth evaluation of the annual budget

27  request of the Department of Corrections, the comprehensive

28  correctional master plan, and the tentative construction

29  program for compliance with all applicable laws and

30  established departmental policies. The commission may not

31  consider individual construction projects, but shall consider


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  1  methods of accomplishing the department's goals in the most

  2  effective, efficient, and businesslike manner.

  3         5.  Routinely monitor the financial status of the

  4  Department of Corrections to assure that the department is

  5  managing revenue and any applicable bond proceeds responsibly

  6  and in accordance with law and established policy.

  7         6.  Evaluate, at least quarterly, the efficiency,

  8  productivity, and management of the Department of Corrections,

  9  using performance and production standards developed by the

10  department under former subsection (18).

11         7.  Provide public education on corrections and

12  criminal justice issues.

13         8.  Report to the President of the Senate, the Speaker

14  of the House of Representatives, and the Governor by November

15  1 of each year.

16

17         Reviser's note.--Paragraph (6)(a) is amended to

18         delete provisions that have served their

19         purpose.  Paragraph (6)(b) is amended to

20         conform to the repeal of former subsection (18)

21         by s. 1, ch. 96-278, Laws of Florida.

22

23         Section 9.  Paragraph (d) of subsection (6) of section

24  20.316, Florida Statutes, 1998 Supplement, is amended to read:

25         20.316  Department of Juvenile Justice.--There is

26  created a Department of Juvenile Justice.

27         (6)  INFORMATION SYSTEMS.--

28         (d)  The management information system shall, at a

29  minimum:

30         1.  Facilitate case management of juveniles referred to

31  or placed in the department's custody.


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  1         2.  Provide timely access to current data and computing

  2  capacity to support the outcome evaluation activities of the

  3  Juvenile Justice Accountability Advisory Board as provided in

  4  s. 985.401, legislative oversight, the Juvenile Justice

  5  Estimating Conference, and other research.

  6         3.  Provide automated support to the quality assurance

  7  and program review functions.

  8         4.  Provide automated support to the contract

  9  management process.

10         5.  Provide automated support to the facility

11  operations management process.

12         6.  Provide automated administrative support to

13  increase efficiency, provide the capability of tracking

14  expenditures of funds by the department or contracted service

15  providers that are eligible for federal reimbursement, and

16  reduce forms and paperwork.

17         7.  Facilitate connectivity, access, and utilization of

18  information among various state agencies, and other state,

19  federal, local, and private agencies, organizations, and

20  institutions.

21         8.  Provide electronic public access to juvenile

22  justice information, which is not otherwise made confidential

23  by law or exempt from the provisions of s. 119.07(1).

24         9.  Provide a system for the training of information

25  system users and user groups.

26

27         Reviser's note.--Amended to conform to the

28         redesignation of the Juvenile Justice Advisory

29         Board as the Juvenile Justice Accountability

30         Board by s. 12, ch. 98-136, Laws of Florida.

31


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  1         Section 10.  Subsection (1) of section 27.0055, Florida

  2  Statutes, is amended to read:

  3         27.0055  Official court reporters.--

  4         (1)  The term "official court reporter" means any

  5  individual appointed as an official court reporter pursuant to

  6  former chapter 29 prior to the effective date of this act.

  7

  8         Reviser's note.--Amended to conform to the

  9         repeal of former chapter 29 by s. 6, ch.

10         95-286, Laws of Florida.

11

12         Section 11.  Section 27.365, Florida Statutes, is

13  amended to read:

14         27.365  Florida Prosecuting Attorneys Association;

15  annual report regarding prosecutions.--By February 1st of each

16  year beginning in 1997, the Florida Prosecuting Attorneys

17  Association shall report to the President and Minority Leader

18  of the Senate, the Speaker and Minority Leader of the House of

19  Representatives, and to the appropriate substantive committees

20  of each chamber regarding prosecutions for offenses during the

21  previous calendar year under ss. 794.011, 794.05, 800.04, and

22  827.04(3) 827.04(4) when the victim of the offense was less

23  than 18 years of age. This report must include, by judicial

24  circuit, the following information in summary format for each

25  offense: the initial charge in each case; the age of the

26  victim and the age of the offender; the charge ultimately

27  prosecuted, if any; whether the case went to trial or was

28  resolved by plea agreement; and either the sentence imposed in

29  each case, or the status of each case on December 31st of the

30  previous year. The names name of sexual offense victims shall

31  not be included in the report.


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  1         Reviser's note.--Amended to delete a provision

  2         which has served its purpose; to revise the

  3         reference to s. 827.04(4) as created by s. 2,

  4         ch. 96-215, Laws of Florida, to conform to the

  5         redesignation of subunits of s. 827.04 by s.

  6         10, ch. 96-322, Laws of Florida; and to improve

  7         clarity and facilitate correct interpretation.

  8

  9         Section 12.  Paragraph (b) of subsection (3) of section

10  27.702, Florida Statutes, 1998 Supplement, is amended to read:

11         27.702  Duties of the capital collateral regional

12  counsel; reports.--

13         (3)

14         (b)  The court having jurisdiction over any nonindigent

15  or indigent-but-able-to-contribute defendant who has been

16  receiving the services of the capital collateral regional

17  counsel may assess attorney's fees and costs against the

18  defendant at any stage in the proceedings as the court may

19  deem appropriate. The determination of indigency or

20  nonindigency of any defendant shall be made by the court

21  pursuant to s. 27.52. Liability for the costs of such

22  representation may be imposed in the form of a lien against

23  the property of the nonindigent or

24  indigent-but-able-to-contribute defendant, which lien shall be

25  enforceable as provided in s. 27.56 or s. 27.561 or s. 938.29.

26

27         Reviser's note.--Amended to conform to the

28         transfer of s. 27.56 to s. 938.29 by s. 22, ch.

29         97-271, Laws of Florida.

30

31


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  1         Section 13.  Paragraph (b) of subsection (1) of section

  2  28.101, Florida Statutes, 1998 Supplement, is amended to read:

  3         28.101  Petitions and records of dissolution of

  4  marriage; additional charges.--

  5         (1)  When a party petitions for a dissolution of

  6  marriage, in addition to the filing charges in s. 28.241, the

  7  clerk shall collect and receive:

  8         (b)  A charge of $5. On a monthly basis, the clerk

  9  shall transfer the moneys collected pursuant to this paragraph

10  to the State Treasury for deposit in the Displaced Homemaker

11  Trust Fund created in s. 446.50 410.30. If a petitioner does

12  not have sufficient funds with which to pay this fee and signs

13  an affidavit so stating, all or a portion of the fee shall be

14  waived subject to a subsequent order of the court relative to

15  the payment of the fee.

16

17         Reviser's note.--Amended to conform to the

18         transfer of s. 410.30 to s. 446.50 by s. 89,

19         ch. 95-418, Laws of Florida.

20

21         Section 14.  Section 34.201, Florida Statutes, is

22  amended to read:

23         34.201  County Article V Trust Fund.--The County

24  Article V Trust Fund is hereby created, to be administered by

25  the Supreme Court. Funds shall be credited to the trust fund

26  as provided in chapter 97-235, Laws of Florida SB 722 or

27  similar legislation, for the purposes set forth therein.

28

29         Reviser's note.--Amended to substitute a

30         reference to ch. 97-235, Laws of Florida, which

31


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  1         was similar legislation to 1997 Senate Bill

  2         722, which did not pass.

  3

  4         Section 15.  Subsections (13), (49), and (53) of

  5  section 39.01, Florida Statutes, 1998 Supplement, are amended

  6  to read:

  7         39.01  Definitions.--When used in this chapter, unless

  8  the context otherwise requires:

  9         (13)  "Child protection team" means a team of

10  professionals established by the Department of Health to

11  receive referrals from the protective investigators and

12  protective supervision staff of the department and to provide

13  specialized and supportive services to the program in

14  processing child abuse, abandonment, or neglect cases. A child

15  protection team shall provide consultation to other programs

16  of the department and other persons regarding child abuse,

17  abandonment, or neglect cases.

18         (49)  "Parent" means a woman who gives birth to a child

19  and a man whose consent to the adoption of the child would be

20  required under s. 63.062(1)(b). If a child has been legally

21  adopted, the term "parent" means the adoptive mother or father

22  of the child. The term does not include an individual whose

23  parental relationship to the child has been legally

24  terminated, or an alleged or prospective parent, unless the

25  parental status falls within the terms of s. 39.503(1)

26  39.4051(1) or s. 63.062(1)(b).

27         (53)  "Physician" means any licensed physician,

28  dentist, podiatric physician podiatrist, or optometrist and

29  includes any intern or resident.

30

31


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  1         Reviser's note.--Subsection (13) is amended to

  2         conform to the transfer of child protection

  3         teams to the Department of Health by s. 2, ch.

  4         98-137, Laws of Florida.  Subsection (49) is

  5         amended to conform to the transfer of s.

  6         39.4051(1) to s. 39.503(1) by s. 64, ch.

  7         98-403, Laws of Florida.  Subsection (53) is

  8         amended to conform to the redesignation of

  9         podiatrists as podiatric physicians by ch.

10         98-166, Laws of Florida.

11

12         Section 16.  Paragraph (b) of subsection (4) of section

13  39.0132, Florida Statutes, 1998 Supplement, is amended to

14  read:

15         39.0132  Oaths, records, and confidential

16  information.--

17         (4)

18         (b)  The department shall disclose to the school

19  superintendent the presence of any child in the care and

20  custody or under the jurisdiction or supervision of the

21  department who has a known history of sexual behavior with

22  other juveniles; is an alleged juvenile sex offender, as

23  defined in s. 39.01 415.50165; or has pled guilty or nolo

24  contendere to, or has been found to have committed, a

25  violation of chapter 794, chapter 796, chapter 800, s.

26  827.071, or s. 847.0133, regardless of adjudication. Any

27  employee of a district school board who knowingly and

28  willfully discloses such information to an unauthorized person

29  commits a misdemeanor of the second degree, punishable as

30  provided in s. 775.082 or s. 775.083.

31


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  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 415.50165 by s. 173, ch. 98-403,

  3         Laws of Florida, and the addition of the

  4         definition of "alleged juvenile sexual

  5         offender" to s. 39.01 by s. 20, ch. 98-403.

  6

  7         Section 17.  Section 39.3031, Florida Statutes, 1998

  8  Supplement, is amended to read:

  9         39.3031  Rules for implementation of ss. 39.303

10  415.5055 and 39.305 415.5095.--The Department of Health, in

11  consultation with the Department of Children and Family

12  Services, shall adopt rules governing the child protection

13  teams and the sexual abuse treatment program pursuant to ss.

14  39.303 415.5055 and 39.305 415.5095, including definitions,

15  organization, roles and responsibilities, eligibility,

16  services and their availability, qualifications of staff, and

17  a waiver-request process.

18

19         Reviser's note.--Amended to conform to the

20         transfer of s. 415.5055 to s. 39.303 by s. 40,

21         ch. 98-403, Laws of Florida, and the transfer

22         of s. 415.5095 to s. 39.305 by s. 43, ch.

23         98-403.

24

25         Section 18.  Subsection (6) of section 39.503, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         39.503  Identity or location of parent or legal

28  custodian unknown; special procedures.--

29         (6)  The diligent search required by subsection (5)

30  must include, at a minimum, inquiries of all relatives of the

31  parent or prospective parent made known to the petitioner,


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  1  inquiries of all offices of program areas of the department

  2  likely to have information about the parent or prospective

  3  parent, inquiries of other state and federal agencies likely

  4  to have information about the parent or prospective parent,

  5  inquiries of appropriate utility and postal providers, and

  6  inquiries of appropriate law enforcement agencies. Pursuant to

  7  s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(4)

  8  653(c)(B)(4), the department, as the state agency

  9  administering Titles IV-B and IV-E of the act, shall be

10  provided access to the federal and state parent locator

11  service for diligent search activities.

12

13         Reviser's note.--Amended to conform to the

14         correct United States Code location of the

15         referenced material.

16

17         Section 19.  Subsection (1) of section 415.5077,

18  Florida Statutes (renumbered as section 39.821, 1998

19  Supplement), is amended to read:

20         39.821  Qualifications of guardians ad litem.--

21         (1)  Because of the special trust or responsibility

22  placed in a guardian ad litem, the Guardian Ad Litem Program

23  may use any private funds collected by the program, or any

24  state funds so designated, to conduct a security background

25  investigation before certifying a volunteer to serve. A

26  security background investigation must include, but need not

27  be limited to, employment history checks, checks of

28  references, local criminal records checks through local law

29  enforcement agencies, and statewide criminal records checks

30  through the Department of Law Enforcement. Upon request, an

31  employer shall furnish a copy of the personnel record for the


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  1  employee or former employee who is the subject of a security

  2  background investigation conducted under this section. The

  3  information contained in the personnel record may include, but

  4  need not be limited to, disciplinary matters and the reason

  5  why the employee was terminated from employment. An employer

  6  who releases a personnel record for purposes of a security

  7  background investigation is presumed to have acted in good

  8  faith and is not liable for information contained in the

  9  record without a showing that the employer maliciously

10  falsified the record. A security background investigation

11  conducted under this section must ensure that a person is not

12  certified as a guardian ad litem if the person has been

13  convicted of, regardless of adjudication, or entered a plea of

14  nolo contendere or guilty to, any offense prohibited under the

15  provisions of the Florida Statutes specified in s. 435.04(2)

16  or under any similar law in another jurisdiction. Before

17  certifying an applicant to serve as a guardian ad litem, the

18  chief judge of the circuit court may request a federal

19  criminal records check of the applicant through the Federal

20  Bureau of Investigation. In analyzing and evaluating the

21  information obtained in the security background investigation,

22  the program must give particular emphasis to past activities

23  involving children, including, but not limited to,

24  child-related criminal offenses or child abuse. The program

25  has the sole discretion in determining whether to certify a

26  person based on his or her security background investigation.

27  The information collected pursuant to the security background

28  investigation is confidential and exempt from s. 119.07(1).

29  This exemption is subject to the Open Government Sunset Review

30  Act in accordance with s. 119.14.

31


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  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 119.14 by s. 1, ch. 95-217, Laws

  3         of Florida.

  4

  5         Section 20.  Subsection (13) of section 49.011, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         49.011  Service of process by publication; cases in

  8  which allowed.--Service of process by publication may be made

  9  in any court on any person mentioned in s. 49.021 in any

10  action or proceeding:

11         (13)  For termination of parental rights pursuant to

12  part IX IV of chapter 39.

13

14         Reviser's note.--Amended to conform to the

15         redesignation of part IV of chapter 39 as part

16         IX by ch. 98-403, Laws of Florida.

17

18         Section 21.  Section 50.011, Florida Statutes, is

19  amended to read:

20         50.011  Where and in what language legal notices to be

21  published.--Whenever by statute an official or legal

22  advertisement or a publication, or notice in a newspaper has

23  been or is directed or permitted in the nature of or in lieu

24  of process, or for constructive service, or in initiating,

25  assuming, reviewing, exercising or enforcing jurisdiction or

26  power, or for any purpose, including all legal notices and

27  advertisements of sheriffs and tax collectors, the

28  contemporaneous and continuous intent and meaning of such

29  legislation all and singular, existing or repealed, is and has

30  been and is hereby declared to be and to have been, and the

31  rule of interpretation is and has been, a publication in a


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  1  newspaper printed and published periodically once a week or

  2  oftener, containing at least 25 percent of its words in the

  3  English language, entered or qualified to be admitted and

  4  entered as periodicals second-class matter at a post office in

  5  the county where published, for sale to the public generally,

  6  available to the public generally for the publication of

  7  official or other notices and customarily containing

  8  information of a public character or of interest or of value

  9  to the residents or owners of property in the county where

10  published, or of interest or of value to the general public.

11

12         Reviser's note.--Amended to conform to the

13         redesignation of second-class matter as

14         periodicals by the United States Postal

15         Service; see 61 F.R. 10123-10124, March 12,

16         1996.

17

18         Section 22.  Section 50.031, Florida Statutes, is

19  amended to read:

20         50.031  Newspapers in which legal notices and process

21  may be published.--No notice or publication required to be

22  published in a newspaper in the nature of or in lieu of

23  process of any kind, nature, character or description provided

24  for under any law of the state, whether heretofore or

25  hereafter enacted, and whether pertaining to constructive

26  service, or the initiating, assuming, reviewing, exercising or

27  enforcing jurisdiction or power, by any court in this state,

28  or any notice of sale of property, real or personal, for

29  taxes, state, county or municipal, or sheriff's, guardian's or

30  administrator's or any sale made pursuant to any judicial

31  order, decree or statute or any other publication or notice


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  1  pertaining to any affairs of the state, or any county,

  2  municipality or other political subdivision thereof, shall be

  3  deemed to have been published in accordance with the statutes

  4  providing for such publication, unless the same shall have

  5  been published for the prescribed period of time required for

  6  such publication, in a newspaper which at the time of such

  7  publication shall have been in existence for 1 year and shall

  8  have been entered as periodicals second-class mail matter at a

  9  post office in the county where published, or in a newspaper

10  which is a direct successor of a newspaper which together have

11  been so published; provided, however, that nothing herein

12  contained shall apply where in any county there shall be no

13  newspaper in existence which shall have been published for the

14  length of time above prescribed.  No legal publication of any

15  kind, nature or description, as herein defined, shall be valid

16  or binding or held to be in compliance with the statutes

17  providing for such publication unless the same shall have been

18  published in accordance with the provisions of this section.

19  Proof of such publication shall be made by uniform affidavit.

20

21         Reviser's note.--Amended to conform to the

22         redesignation of second-class mail matter as

23         periodicals by the United States Postal

24         Service; see 61 F.R. 10123-10124, March 12,

25         1996.

26

27         Section 23.  Section 50.051, Florida Statutes, is

28  amended to read:

29         50.051  Proof of publication; form of uniform

30  affidavit.--The printed form upon which all such affidavits

31


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  1  establishing proof of publication are to be executed shall be

  2  substantially as follows:

  3

  4                        NAME OF NEWSPAPER

  5

  6                   Published (Weekly or Daily)

  7

  8                (Town or City)  (County)  FLORIDA

  9

10  STATE OF FLORIDA

11

12  COUNTY OF ....:

13         Before the undersigned authority personally appeared

14  ...., who on oath says that he or she is .... of the ...., a

15  .... newspaper published at .... in .... County, Florida; that

16  the attached copy of advertisement, being a .... in the matter

17  of .... in the .... Court, was published in said newspaper in

18  the issues of .....

19         Affiant further says that the said .... is a newspaper

20  published at ...., in said .... County, Florida, and that the

21  said newspaper has heretofore been continuously published in

22  said .... County, Florida, each .... and has been entered as

23  periodicals second-class mail matter at the post office in

24  ...., in said .... County, Florida, for a period of 1 year

25  next preceding the first publication of the attached copy of

26  advertisement; and affiant further says that he or she has

27  neither paid nor promised any person, firm or corporation any

28  discount, rebate, commission or refund for the purpose of

29  securing this advertisement for publication in the said

30  newspaper.

31


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  1  Sworn to and subscribed before me this .... day of ....,

  2  19...., by ...., who is personally known to me or who has

  3  produced (type of identification) as identification.

  4

  5

  6  ...(Signature of Notary Public)...

  7

  8  ...(Print, Type, or Stamp Commissioned Name of Notary

  9  Public)...

10

11  ...(Notary Public)...

12

13         Reviser's note.--Amended to conform to the

14         redesignation of second-class mail matter as

15         periodicals by the United States Postal

16         Service; see 61 F.R. 10123-10124, March 12,

17         1996.

18

19         Section 24.  Subsection (1) of section 63.0427, Florida

20  Statutes, 1998 Supplement, is amended to read:

21         63.0427  Adopted minor's right to continued

22  communication or contact with siblings.--

23         (1)  A child whose parents have had their parental

24  rights terminated and whose custody has been awarded to the

25  department pursuant to s. 39.811 39.469, and who is the

26  subject of a petition for adoption under this chapter, shall

27  have the right to have the court consider the appropriateness

28  of postadoption communication or contact, including, but not

29  limited to, visits, letters and cards, or telephone calls,

30  with his or her siblings who are not included in the petition

31  for adoption.  The court shall determine if the best interests


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  1  of the child support such continued communication or contact

  2  and shall consider the following in making such determination:

  3         (a)  Any orders of the court pursuant to s. 39.811(7)

  4  39.469(7).

  5         (b)  Recommendations of the department, the foster

  6  parents if other than the adoptive parents, and the guardian

  7  ad litem.

  8         (c)  Statements of prospective adoptive parents.

  9         (d)  Any other information deemed relevant and material

10  by the court.

11

12  If the court determines that the child's best interests will

13  be served by postadoption communication or contact with any

14  sibling, the court shall so order, stating the nature and

15  frequency for the communication or contact. This order shall

16  be made a part of the final adoption order, but in no event

17  shall continuing validity of the adoption be contingent upon

18  such postadoption communication or contact, nor shall the

19  ability of the adoptive parents and child to change residence

20  within or outside the State of Florida be impaired by such

21  communication or contact.

22

23         Reviser's note.--Amended to conform to the

24         transfer of s. 39.469 to s. 39.811 by s. 93,

25         ch. 98-403, Laws of Florida.

26

27         Section 25.  Subsection (6) of section 63.162, Florida

28  Statutes, is amended to read:

29         63.162  Hearings and records in adoption proceedings;

30  confidential nature.--

31


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  1         (6)  Subject to the provisions of subsection (4)

  2  paragraph (d), identifying information regarding the birth

  3  parents, adoptive parents, and adoptee may not be disclosed

  4  unless a birth parent, adoptive parent, or adoptee has

  5  authorized in writing the release of such information

  6  concerning himself or herself. Specific names or identifying

  7  information must not be given in a family medical history.

  8  All nonidentifying information, including the family medical

  9  history and social history of the adoptee and the birth

10  parents, when available, must be furnished to the adoptive

11  parents before the adoption becomes final and to the adoptee,

12  upon the adoptee's request, after he or she reaches majority.

13  Upon the request of the adoptive parents, all nonidentifying

14  information obtained before or after the adoption has become

15  final must be furnished to the adoptive parents.

16

17         Reviser's note.--Amended to conform to the

18         redesignation of subunits of s. 63.162

19         following the repeal of former subsection (2)

20         by s. 23, ch. 96-406, Laws of Florida.

21

22         Section 26.  Paragraph (a) of subsection (1) of section

23  72.011, Florida Statutes, 1998 Supplement, is amended to read:

24         72.011  Jurisdiction of circuit courts in specific tax

25  matters; administrative hearings and appeals; time for

26  commencing action; parties; deposits.--

27         (1)(a)  A taxpayer may contest the legality of any

28  assessment or denial of refund of tax, fee, surcharge, permit,

29  interest, or penalty provided for under s. 125.0104, s.

30  125.0108, chapter 198, chapter 199, chapter 201, chapter 203,

31  chapter 206, chapter 207, chapter 210, chapter 211, chapter


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  1  212, chapter 213, chapter 220, chapter 221, s. 370.07(3),

  2  chapter 376, s. 403.717, s. 403.718, s. 403.7185, s. 403.7195,

  3  s. 403.7197, s. 538.09, s. 538.25, chapter 550, chapter 561,

  4  chapter 562, chapter 563, chapter 564, chapter 565, chapter

  5  624, or s. 681.117 by filing an action in circuit court; or,

  6  alternatively, the taxpayer may file a petition under the

  7  applicable provisions of chapter 120. However, once an action

  8  has been initiated under s. 120.56, s. 120.565, s. 120.569, s.

  9  120.57, or s. 120.80(14)(b), no action relating to the same

10  subject matter may be filed by the taxpayer in circuit court,

11  and judicial review shall be exclusively limited to appellate

12  review pursuant to s. 120.68; and once an action has been

13  initiated in circuit court, no action may be brought under

14  chapter 120.

15

16         Reviser's note.--Amended to conform to the

17         repeal of s. 403.7197, by s. 26, ch. 97-94,

18         Laws of Florida.

19

20         Section 27.  Section 90.4025, Florida Statutes, is

21  amended to read:

22         90.4025  Admissibility of paternity determination in

23  certain criminal prosecutions.--If a person less than 18 years

24  of age gives birth to a child and the paternity of that child

25  is established under chapter 742, such evidence of paternity

26  is admissible in a criminal prosecution under ss. 794.011,

27  794.05, 800.04, and 827.04(3) 827.04(4).

28

29         Reviser's note.--Amended to revise the

30         reference to s. 827.04(4) as created by s. 2,

31         ch. 96-215, Laws of Florida, to conform to the


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  1         redesignation of subunits of s. 827.04 by s.

  2         10, ch. 96-322, Laws of Florida.

  3

  4         Section 28.  Subsection (1) of section 90.503, Florida

  5  Statutes, is reenacted to read:

  6         90.503  Psychotherapist-patient privilege.--

  7         (1)  For purposes of this section:

  8         (a)  A "psychotherapist" is:

  9         1.  A person authorized to practice medicine in any

10  state or nation, or reasonably believed by the patient so to

11  be, who is engaged in the diagnosis or treatment of a mental

12  or emotional condition, including alcoholism and other drug

13  addiction;

14         2.  A person licensed or certified as a psychologist

15  under the laws of any state or nation, who is engaged

16  primarily in the diagnosis or treatment of a mental or

17  emotional condition, including alcoholism and other drug

18  addiction;

19         3.  A person licensed or certified as a clinical social

20  worker, marriage and family therapist, or mental health

21  counselor under the laws of this state, who is engaged

22  primarily in the diagnosis or treatment of a mental or

23  emotional condition, including alcoholism and other drug

24  addiction; or

25         4.  Treatment personnel of facilities licensed by the

26  state pursuant to chapter 394, chapter 395, or chapter 397, of

27  facilities designated by the Department of Health and

28  Rehabilitative Services pursuant to chapter 394 as treatment

29  facilities, or of facilities defined as community mental

30  health centers pursuant to s. 394.907(1), who are engaged

31  primarily in the diagnosis or treatment of a mental or


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  1  emotional condition, including alcoholism and other drug

  2  addiction.

  3         (b)  A "patient" is a person who consults, or is

  4  interviewed by, a psychotherapist for purposes of diagnosis or

  5  treatment of a mental or emotional condition, including

  6  alcoholism and other drug addiction.

  7         (c)  A communication between psychotherapist and

  8  patient is "confidential" if it is not intended to be

  9  disclosed to third persons other than:

10         1.  Those persons present to further the interest of

11  the patient in the consultation, examination, or interview.

12         2.  Those persons necessary for the transmission of the

13  communication.

14         3.  Those persons who are participating in the

15  diagnosis and treatment under the direction of the

16  psychotherapist.

17

18         Reviser's note.--Section 19, ch. 93-39, Laws of

19         Florida, purported to amend s. 90.503(1), but

20         failed to republish paragraphs (b) and (c). In

21         the absence of affirmative evidence that the

22         Legislature intended to repeal paragraphs (b)

23         and (c), coupled with the fact that the

24         amendment by s. 19, ch. 93-39, affirmatively

25         evidences an intent to preserve the existing

26         paragraph structure, subsection (1) is

27         reenacted to confirm that the omission was not

28         intended.

29

30         Section 29.  Subsection (1) of section 90.953, Florida

31  Statutes, is amended to read:


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  1         90.953  Admissibility of duplicates.--A duplicate is

  2  admissible to the same extent as an original, unless:

  3         (1)  The document or writing is a negotiable instrument

  4  as defined in s. 673.1041, a security as defined in s.

  5  678.1021 678.102, or any other writing that evidences a right

  6  to the payment of money, is not itself a security agreement or

  7  lease, and is of a type that is transferred by delivery in the

  8  ordinary course of business with any necessary endorsement or

  9  assignment.

10

11         Reviser's note.--Amended to conform to the

12         repeal of former s. 678.102 by s. 25, ch.

13         98-11, Laws of Florida, and the creation of s.

14         678.1021, which also defines "security," by s.

15         1, ch. 98-11.

16

17         Section 30.  Subsection (1) of section 92.53, Florida

18  Statutes, is amended to read:

19         92.53  Videotaping of testimony of victim or witness

20  under age 16 or person with mental retardation.--

21         (1)  On motion and hearing in camera and a finding that

22  there is a substantial likelihood that a victim or witness who

23  is under the age of 16 or who is a person with mental

24  retardation as defined in s. 393.063(44) 393.063(41) would

25  suffer at least moderate emotional or mental harm due to the

26  presence of the defendant if the child or person with mental

27  retardation is required to testify in open court, or that such

28  victim or witness is otherwise unavailable as defined in s.

29  90.804(1), the trial court may order the videotaping of the

30  testimony of the victim or witness in a case, whether civil or

31


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  1  criminal in nature, in which videotaped testimony is to be

  2  utilized at trial in lieu of trial testimony in open court.

  3

  4         Reviser's note.--Amended to conform to the

  5         redesignation of s. 393.063(41) as s.

  6         393.036(42) by s. 3, ch. 94-154, Laws of

  7         Florida, and further redesignation as s.

  8         393.063(43) by s. 1, ch. 95-293, Laws of

  9         Florida, and as s. 393.063(44) by s. 23, ch.

10         98-171, Laws of Florida.

11

12         Section 31.  Subsections (3) and (4) of section

13  97.1031, Florida Statutes, are amended to read:

14         97.1031  Notice of change of residence within the same

15  county, change of name, or change of party.--

16         (3)  When an elector seeks to change party affiliation,

17  the elector must provide a signed, written notification of

18  such intent to the supervisor and obtain a registration

19  identification card reflecting the new party affiliation,

20  subject to the issuance restriction in s. 97.071(4) 97.071(3).

21         (4)  The supervisor shall make the necessary changes in

22  the elector's records as soon as practical upon receipt of

23  such notice of a change of address of legal residence, name,

24  or party affiliation and shall issue the new registration

25  identification card as required by s. 97.071(4) 97.071(3).

26

27         Reviser's note.--Amended to conform to the

28         redesignation of subunits by s. 7, ch. 98-129,

29         Laws of Florida.

30

31


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  1         Section 32.  Paragraph (b) of subsection (4) of section

  2  101.62, Florida Statutes, 1998 Supplement, is amended to read:

  3         101.62  Request for absentee ballots.--

  4         (4)

  5         (b)  As soon as the remainder of the absentee ballots

  6  are printed, the supervisor shall provide an absentee ballot

  7  to each elector by whom a request for that ballot has been

  8  made by one of the following means:

  9         1.  By nonforwardable, return-if-undeliverable mail to

10  the elector's current mailing address on file with the

11  supervisor, unless the elector specifies in the request that:

12         a.  The elector is absent from the county and does not

13  plan to return before the day of the election;

14         b.  The elector is temporarily unable to occupy the

15  residence because of hurricane, tornado, flood, fire, or other

16  emergency or natural disaster; or

17         c.  The elector is in a hospital, assisted-living

18  facility, nursing home, short-term medical or rehabilitation

19  facility, or correctional facility,

20

21  in which case the supervisor shall mail the ballot by

22  nonforwardable, return-if-undeliverable mail to any other

23  address the elector specifies in the request.

24         2.  By forwardable mail to voters who are entitled to

25  vote by absentee ballot under the Uniformed and Overseas

26  Citizens Voting Act.

27         3.  By personal delivery to the elector, upon

28  presentation of the identification required in s. 101.657.

29         4.  By delivery to a designee on election day or up to

30  4 days prior to the day of an election. Any elector may

31  designate in writing a person to pick up the ballot for the


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  1  elector; however, the person designated may not pick up more

  2  than two absentee ballots per election, other than the

  3  designee's own ballot, except that additional ballots may be

  4  picked up for members of the designee's immediate family.  For

  5  purposes of this section, "immediate family" means the

  6  designee's spouse or the parent, child, grandparent, or

  7  sibling of the designee or of the designee's spouse.  The

  8  designee shall provide to the supervisor the written

  9  authorization by the elector and a picture identification of

10  the designee and must complete an affidavit.  The designee

11  shall state in the affidavit that the designee is authorized

12  by the elector to pick up that ballot and shall indicate if

13  the elector is a member of the designee's immediate family

14  and, if so, the relationship.  The department shall prescribe

15  the form of the affidavit. If the supervisor is satisfied that

16  the designee is authorized to pick up the ballot and that the

17  signature of the elector on the written authorization matches

18  the signature of the elector on file, the supervisor shall

19  give the ballot to that designee for delivery to the elector.

20

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

22         facilitate correct interpretation.

23

24         Section 33.  Section 101.65, Florida Statutes, 1998

25  Supplement, is amended to read:

26         101.65  Instructions to absent electors.--The

27  supervisor shall enclose with each absentee ballot separate

28  printed instructions in substantially the following form:

29

30  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

31


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  1         1.  VERY IMPORTANT.  In order to ensure that your

  2  absentee ballot will be counted, it should be completed and

  3  returned as soon as possible so that it can reach the

  4  supervisor of elections of the county in which your precinct

  5  is located no later than 7 p.m. on the day of the election.

  6         2.  Mark your ballot in secret as instructed on the

  7  ballot. You must mark your own ballot unless you are unable to

  8  do so because of blindness, disability, or inability to read

  9  or write.

10         3.  Place your marked ballot in the enclosed secrecy

11  envelope.

12         4.  Insert the secrecy envelope into the enclosed

13  mailing envelope which is addressed to the supervisor.

14         5.  Seal the mailing envelope and completely fill out

15  the Voter's Certificate on the back of the mailing envelope.

16         6.  VERY IMPORTANT.  In order for your absentee ballot

17  to be counted, you must sign your name on the line above

18  (Voter's Signature), place the last four digits of your Social

19  Security number in the space provided, and your ballot must be

20  witnessed in either of the following manners:

21         a.  One witness, who is a registered voter in the

22  state, must affix his or her signature, printed name, address,

23  voter identification number, and county of registration on the

24  voter's certificate. Each witness is limited to witnessing

25  five ballots per election unless certified as an absentee

26  ballot coordinator. A candidate may not serve as an attesting

27  witness.

28         b.  Any notary or other officer entitled to administer

29  oaths or any Florida supervisor of elections or deputy

30  supervisor of elections, other than a candidate, may serve as

31  an attesting witness.


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  1         7.  Mail, deliver, or have delivered the completed

  2  mailing envelope. Be sure there is sufficient postage if

  3  mailed.

  4         8.  FELONY NOTICE. It is a felony under Florida law to

  5  accept any gift, payment, or gratuity in exchange for your

  6  vote for a candidate. It is also a felony under Florida law to

  7  vote in an election using a false identity or false address,

  8  or under any other circumstances making your ballot false or

  9  of fraudulent.

10

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

12         facilitate correct interpretation.

13

14         Section 34.  Subsection (4) of section 104.047, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         104.047  Absentee voting.--

17         (4)  Any person who marks or designates a choice on the

18  ballot of another person, except as provided in s. 101.051, s.

19  101.655, or s. 101.661 101.66, is guilty of a felony of the

20  third degree, punishable as provided in s. 775.082, s.

21  775.083, or s. 775.084.

22

23         Reviser's note.--Amended to conform to the

24         redesignation of s. 101.66 by the reviser

25         incident to the compilation of the 1998

26         Supplement to the Florida Statutes 1997.

27

28         Section 35.  Subsection (3) of section 106.082, Florida

29  Statutes, is amended to read:

30         106.082  Commissioner of Agriculture candidates;

31  campaign contribution limits.--


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  1         (3)  No employee of the Department of Agriculture may

  2  solicit a campaign contribution for any candidate for the

  3  office of Commissioner of Agriculture from any person or

  4  business who is licensed, inspected, or otherwise authorized

  5  to do business as a food outlet or convenience store pursuant

  6  to chapter 500; or any director, officer, lobbyist, or

  7  controlling interest of that person; or any political

  8  committee or committee of continuous existence that represents

  9  that person.  For purposes of this section, "employee of the

10  department" means any person employed in the Department of

11  Agriculture holding a position in the Senior Management

12  Service as defined in s. 110.402 220.402; any person holding a

13  position in the Selected Exempt Service as defined in s.

14  110.602; any person having authority over food outlet or

15  convenience store regulation, or inspection supervision; or

16  any person, hired on a contractual basis, having the power

17  normally conferred upon such person, by whatever title.

18

19         Reviser's note.--Amended to correct an apparent

20         error.  There has never been a s. 220.402, and

21         the Senior Management Service is created in s.

22         110.402.

23

24         Section 36.  Subsection (4) of section 110.112, Florida

25  Statutes, is amended to read:

26         110.112  Affirmative action; equal employment

27  opportunity.--

28         (4)  The state, its agencies and officers shall ensure

29  freedom from discrimination in employment as provided by the

30  Florida Civil Human Rights Act of 1992 1977, by s. 112.044,

31  and by this chapter.


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  1         Reviser's note.--Amended to conform to the

  2         redesignation of the Human Rights Act of 1997

  3         as the Florida Civil Rights Act of 1992 by s.

  4         1, ch. 92-177, Laws of Florida.

  5

  6         Section 37.  Paragraph (b) of subsection (4) and

  7  paragraph (c) of subsection (5) of section 110.123, Florida

  8  Statutes, 1998 Supplement, are amended to read:

  9         110.123  State group insurance program.--

10         (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;

11  LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--

12         (b)  If a state officer or full-time state employee

13  selects membership in a health maintenance organization as

14  authorized by paragraph (3)(h)(3)(g), the officer or employee

15  is entitled to a state contribution toward individual and

16  dependent membership as provided by the Legislature through

17  the appropriations act.

18         (5)  DIVISION OF STATE GROUP INSURANCE; POWERS AND

19  DUTIES.--The division is responsible for the administration of

20  the state group insurance program.  The division shall

21  initiate and supervise the program as established by this

22  section and shall adopt such rules as are necessary to perform

23  its responsibilities.  To implement this program, the division

24  shall, with prior approval by the Legislature:

25         (c)  Contract on a competitive proposal basis with an

26  insurance carrier or carriers, or professional administrator,

27  determined by the Department of Insurance to be fully

28  qualified, financially sound, and capable of meeting all

29  servicing requirements.  Alternatively, the division may

30  self-insure any plan or plans contained in the state group

31  insurance program subject to approval based on actuarial


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  1  soundness by the Department of Insurance.  The division may

  2  contract with an insurance company or professional

  3  administrator qualified and approved by the Department of

  4  Insurance to administer such plan. Before entering into any

  5  contract, the division shall advertise for competitive

  6  proposals, and such contract shall be let upon the

  7  consideration of the benefits provided in relationship to the

  8  cost of such benefits. In determining which entity to contract

  9  with, the division shall, at a minimum, consider:  the

10  entity's previous experience and expertise in administering

11  group insurance programs of the type it proposes to

12  administer; the entity's ability to specifically perform its

13  contractual obligations in this state and other governmental

14  jurisdictions; the entity's anticipated administrative costs

15  and claims experience; the entity's capability to adequately

16  provide service coverage and sufficient number of experienced

17  and qualified personnel in the areas of claims processing,

18  recordkeeping, and underwriting, as determined by the

19  division; the entity's accessibility to state employees and

20  providers; the financial solvency of the entity, and using

21  accepted business sector measures of financial performance.

22  The division may contract for medical services which will

23  improve the health or reduce medical costs for employees who

24  participate in the state group insurance plan.

25

26  Final decisions concerning the existence of coverage or

27  benefits under the state group health insurance plan shall not

28  be delegated or deemed to have been delegated by the division.

29

30         Reviser's note.--Paragraph (4)(b) is amended to

31         conform to the fact that paragraph (3)(e) was


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  1         redesignated as paragraph (3)(h), rather than

  2         paragraph (3)(g), by s. 3, ch. 97-92, Laws of

  3         Florida. Paragraph (5)(c) was amended to

  4         improve clarity and facilitate correct

  5         interpretation.

  6

  7         Section 38.  Paragraph (h) of subsection (2) of section

  8  112.19, Florida Statutes, is amended to read:

  9         112.19  Law enforcement, correctional, and correctional

10  probation officers; death benefits.--

11         (2)

12         (h)1.  Any employer who employs a full-time law

13  enforcement, correctional, or correctional probation officer

14  who, on or after January 1, 1995, suffers a catastrophic

15  injury, as defined in s. 440.02(37) 440.02(34), in the line of

16  duty shall pay the entire premium of the employer's health

17  insurance plan for the injured employee, the injured

18  employee's spouse, and for each dependent child of the injured

19  employee until the child reaches the age of majority or until

20  the end of the calendar year in which the child reaches the

21  age of 25 if the child continues to be dependent for support,

22  or the child is a full-time or part-time student and is

23  dependent for support.  The term "health insurance plan" does

24  not include supplemental benefits that are not part of the

25  basic group health insurance plan.  If the injured employee

26  subsequently dies, the employer shall continue to pay the

27  entire health insurance premium for the surviving spouse until

28  remarried, and for the dependent children, under the

29  conditions outlined in this paragraph. However:

30         a.  Health insurance benefits payable from any other

31  source shall reduce benefits payable under this section.


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  1         b.  It is unlawful for a person to willfully and

  2  knowingly make, or cause to be made, or to assist, conspire

  3  with, or urge another to make, or cause to be made, any false,

  4  fraudulent, or misleading oral or written statement to obtain

  5  health insurance coverage as provided under this paragraph.  A

  6  person who violates this sub-subparagraph commits a

  7  misdemeanor of the first degree, punishable as provided in s.

  8  775.082 or s. 775.083.

  9         c.  In addition to any applicable criminal penalty,

10  upon conviction for a violation as described in

11  sub-subparagraph b., a law enforcement, correctional, or

12  correctional probation officer or other beneficiary who

13  receives or seeks to receive health insurance benefits under

14  this paragraph shall forfeit the right to receive such health

15  insurance benefits, and shall reimburse the employer for all

16  benefits paid due to the fraud or other prohibited activity.

17  For purposes of this sub-subparagraph, "conviction" means a

18  determination of guilt that is the result of a plea or trial,

19  regardless of whether adjudication is withheld.

20         2.  In order for the officer, spouse, and dependent

21  children to be eligible for such insurance coverage, the

22  injury must have occurred as the result of the officer's

23  response to fresh pursuit, the officer's response to what is

24  reasonably believed to be an emergency, or an unlawful act

25  perpetrated by another.  Except as otherwise provided herein,

26  nothing in this paragraph shall be construed to limit health

27  insurance coverage for which the officer, spouse, or dependent

28  children may otherwise be eligible, except that a person who

29  qualifies under this section shall not be eligible for the

30  health insurance subsidy provided under chapter 121, chapter

31  175, or chapter 185.


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  1         Reviser's note.--Amended to conform to the

  2         redesignation of subunits of s. 440.02 by s. 1,

  3         ch. 98-174, Laws of Florida.

  4

  5         Section 39.  Paragraph (g) of subsection (2) of section

  6  112.191, Florida Statutes, is amended to read:

  7         112.191  Firefighters; death benefits.--

  8         (2)

  9         (g)1.  Any employer who employs a full-time firefighter

10  who, on or after January 1, 1995, suffers a catastrophic

11  injury, as defined in s. 440.02(37) 440.02(34), in the line of

12  duty shall pay the entire premium of the employer's health

13  insurance plan for the injured employee, the injured

14  employee's spouse, and for each dependent child of the injured

15  employee until the child reaches the age of majority or until

16  the end of the calendar year in which the child reaches the

17  age of 25 if the child continues to be dependent for support,

18  or the child is a full-time or part-time student and is

19  dependent for support. The term "health insurance plan" does

20  not include supplemental benefits that are not part of the

21  basic group health insurance plan.  If the injured employee

22  subsequently dies, the employer shall continue to pay the

23  entire health insurance premium for the surviving spouse until

24  remarried, and for the dependent children, under the

25  conditions outlined in this paragraph. However:

26         a.  Health insurance benefits payable from any other

27  source shall reduce benefits payable under this section.

28         b.  It is unlawful for a person to willfully and

29  knowingly make, or cause to be made, or to assist, conspire

30  with, or urge another to make, or cause to be made, any false,

31  fraudulent, or misleading oral or written statement to obtain


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  1  health insurance coverage as provided under this paragraph.  A

  2  person who violates this sub-subparagraph commits a

  3  misdemeanor of the first degree, punishable as provided in s.

  4  775.082 or s. 775.083.

  5         c.  In addition to any applicable criminal penalty,

  6  upon conviction for a violation as described in

  7  sub-subparagraph b., a firefighter or other beneficiary who

  8  receives or seeks to receive health insurance benefits under

  9  this paragraph shall forfeit the right to receive such health

10  insurance benefits, and shall reimburse the employer for all

11  benefits paid due to the fraud or other prohibited activity.

12  For purposes of this sub-subparagraph, "conviction" means a

13  determination of guilt that is the result of a plea or trial,

14  regardless of whether adjudication is withheld.

15         2.  In order for the firefighter, spouse, and dependent

16  children to be eligible for such insurance coverage, the

17  injury must have occurred as the result of the firefighter's

18  response to what is reasonably believed to be an emergency

19  involving the protection of life or property, or an unlawful

20  act perpetrated by another.  Except as otherwise provided

21  herein, nothing in this paragraph shall be construed to limit

22  health insurance coverage for which the firefighter, spouse,

23  or dependent children may otherwise be eligible, except that a

24  person who qualifies for benefits under this section shall not

25  be eligible for the health insurance subsidy provided under

26  chapter 121, chapter 175, or chapter 185.

27

28  Notwithstanding any provision of this section to the contrary,

29  the death benefits provided in paragraphs (b), (c), and (f)

30  shall also be applicable and paid in cases where a firefighter

31  received bodily injury prior to July 1, 1993, and subsequently


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  1  died on or after July 1, 1993, as a result of such

  2  in-line-of-duty injury.

  3

  4         Reviser's note.--Amended to conform to the

  5         redesignation of subunits of s. 440.02 by s. 1,

  6         ch. 98-174, Laws of Florida.

  7

  8         Section 40.  Paragraph (b) of subsection (11) of

  9  section 112.215, Florida Statutes, is amended to read:

10         112.215  Government employees; deferred compensation

11  program.--

12         (11)  With respect to any funds held pursuant to a

13  deferred compensation plan, any plan provider which is a bank

14  or savings association and which provides time deposit

15  accounts and certificates of deposit as an investment product

16  to the plan participants may, with the approval of the State

17  Board of Administration for providers in the state plan, or

18  with the approval of the appropriate official or body

19  designated by ordinance for a county, municipal, or other

20  political subdivision plan, be exempt from the provisions of

21  chapter 280 requiring it to be a qualified public depository,

22  provided:

23         (b)  Said collateral shall be of the kind permitted by

24  s. ss. 280.13 and 280.14 and shall be pledged in the manner

25  provided for by the applicable provisions of chapter 280.

26

27  The Treasurer shall have all the applicable powers provided in

28  ss. 280.04, 280.05, and 280.08 relating to the sale or other

29  disposition of the pledged collateral.

30

31


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  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 280.14 by s. 17, ch. 96-216, Laws

  3         of Florida.

  4

  5         Section 41.  Subsection (9) of section 112.313, Florida

  6  Statutes, is reenacted to read:

  7         112.313  Standards of conduct for public officers,

  8  employees of agencies, and local government attorneys.--

  9         (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT

10  FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.--

11         (a)1.  It is the intent of the Legislature to implement

12  by statute the provisions of s. 8(e), Art. II of the State

13  Constitution relating to legislators, statewide elected

14  officers, appointed state officers, and designated public

15  employees.

16         2.  As used in this paragraph:

17         a.  "Employee" means:

18         (I)  Any person employed in the executive or

19  legislative branch of government holding a position in the

20  Senior Management Service as defined in s. 110.402 or any

21  person holding a position in the Selected Exempt Service as

22  defined in s. 110.602 or any person having authority over

23  policy or procurement employed by the Department of the

24  Lottery.

25         (II)  The Auditor General, the Sergeant at Arms and

26  Secretary of the Senate, and the Sergeant at Arms and Clerk of

27  the House of Representatives.

28         (III)  The executive director of the Legislative

29  Committee on Intergovernmental Relations and the executive

30  director and deputy executive director of the Commission on

31  Ethics.


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  1         (IV)  An executive director, staff director, or deputy

  2  staff director of each joint committee, standing committee, or

  3  select committee of the Legislature; an executive director,

  4  staff director, executive assistant, analyst, or attorney of

  5  the Office of the President of the Senate, the Office of the

  6  Speaker of the House of Representatives, the Senate Majority

  7  Party Office, Senate Minority Party Office, House Majority

  8  Party Office, or House Minority Party Office; or any person,

  9  hired on a contractual basis, having the power normally

10  conferred upon such persons, by whatever title.

11         (V)  The Chancellor and Vice Chancellors of the State

12  University System; the general counsel to the Board of

13  Regents; and the president, vice presidents, and deans of each

14  state university.

15         (VI)  Any person having the power normally conferred

16  upon the positions referenced in this sub-subparagraph.

17         b.  "Appointed state officer" means any member of an

18  appointive board, commission, committee, council, or authority

19  of the executive or legislative branch of state government

20  whose powers, jurisdiction, and authority are not solely

21  advisory and include the final determination or adjudication

22  of any personal or property rights, duties, or obligations,

23  other than those relative to its internal operations.

24         c.  "State agency" means an entity of the legislative,

25  executive, or judicial branch of state government over which

26  the Legislature exercises plenary budgetary and statutory

27  control.

28         3.  No member of the Legislature, appointed state

29  officer, or statewide elected officer shall personally

30  represent another person or entity for compensation before the

31  government body or agency of which the individual was an


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  1  officer or member for a period of 2 years following vacation

  2  of office. No member of the Legislature shall personally

  3  represent another person or entity for compensation during his

  4  or her term of office before any state agency other than

  5  judicial tribunals or in settlement negotiations after the

  6  filing of a lawsuit.

  7         4.  No agency employee shall personally represent

  8  another person or entity for compensation before the agency

  9  with which he or she was employed for a period of 2 years

10  following vacation of position, unless employed by another

11  agency of state government.

12         5.  Any person violating this paragraph shall be

13  subject to the penalties provided in s. 112.317 and a civil

14  penalty of an amount equal to the compensation which the

15  person receives for the prohibited conduct.

16         6.  This paragraph is not applicable to:

17         a.  A person employed by the Legislature or other

18  agency prior to July 1, 1989;

19         b.  A person who was employed by the Legislature or

20  other agency on July 1, 1989, whether or not the person was a

21  defined employee on July 1, 1989;

22         c.  A person who was a defined employee of the State

23  University System or the Public Service Commission who held

24  such employment on December 31, 1994;

25         d.  A person who has reached normal retirement age as

26  defined in s. 121.021(29), and who has retired under the

27  provisions of chapter 121 by July 1, 1991; or

28         e.  Any appointed state officer whose term of office

29  began before January 1, 1995, unless reappointed to that

30  office on or after January 1, 1995.

31


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  1         (b)  In addition to the provisions of this part which

  2  are applicable to legislators and legislative employees by

  3  virtue of their being public officers or employees, the

  4  conduct of members of the Legislature and legislative

  5  employees shall be governed by the ethical standards provided

  6  in the respective rules of the Senate or House of

  7  Representatives which are not in conflict herewith.

  8

  9         Reviser's note.--Section 1, ch. 94-277, Laws of

10         Florida, purported to amend s. 112.313(9), but

11         failed to republish paragraph (9)(b). In the

12         absence of affirmative evidence that the

13         Legislature intended to repeal paragraph

14         (9)(b), coupled with the fact that the form of

15         the amendment by s. 1, ch. 94-277,

16         affirmatively evidences an intent to retain the

17         existing paragraph structure of the subsection,

18         subsection (9) is reenacted to confirm that the

19         omission was not intended.

20

21         Section 42.  Subsection (3) of section 112.3135,

22  Florida Statutes, 1998 Supplement, is amended to read:

23         112.3135  Restriction on employment of relatives.--

24         (3)  An agency may prescribe regulations authorizing

25  the temporary employment, in the event of an emergency as

26  defined in s. 252.34(3) 252.34(2), of individuals whose

27  employment would be otherwise prohibited by this section.

28

29         Reviser's note.--Amended to conform to the

30         redesignation of subunits of s. 252.34 by s.

31         10, ch. 93-211, Laws of Florida.


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  1         Section 43.  Paragraph (a) of subsection (3) of section

  2  112.3143, Florida Statutes, is amended to read:

  3         112.3143  Voting conflicts.--

  4         (3)(a)  No county, municipal, or other local public

  5  officer shall vote in an official capacity upon any measure

  6  which would inure to his or her special private gain or loss;

  7  which he or she knows would inure to the special private gain

  8  or loss of any principal by whom he or she is retained or to

  9  the parent organization or subsidiary of a corporate principal

10  by which he or she is retained, other than an agency as

11  defined in s. 112.312(2) 112.312(3); or which he or she knows

12  would inure to the special private gain or loss of a relative

13  or business associate of the public officer. Such public

14  officer shall, prior to the vote being taken, publicly state

15  to the assembly the nature of the officer's interest in the

16  matter from which he or she is abstaining from voting and,

17  within 15 days after the vote occurs, disclose the nature of

18  his or her interest as a public record in a memorandum filed

19  with the person responsible for recording the minutes of the

20  meeting, who shall incorporate the memorandum in the minutes.

21

22         Reviser's note.--Amended to conform to the fact

23         that "agency" is defined in s. 112.312(2),

24         rather than s. 112.312(3).

25

26         Section 44.  Paragraph (b) of subsection (2) of section

27  112.352, Florida Statutes, is amended to read:

28         112.352  Definitions.--The following words and phrases

29  as used in this act shall have the following meaning unless a

30  different meaning is required by the context:

31


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  1         (2)  "Retired member" shall mean any person who had

  2  both attained age 65 and retired prior to January 1, 1966, and

  3  is receiving benefits under any of the following systems:

  4         (b)  Supreme Court Justices, District Courts of Appeal

  5  Judges and Circuit Judges Retirement System, created by

  6  authority of former chapter 123.

  7

  8         Reviser's note.--Amended to conform to the

  9         repeal of the provisions of former ch. 123 by

10         s. 20, ch. 97-180, Laws of Florida.

11

12         Section 45.  Paragraph (b) of subsection (2) of section

13  112.361, Florida Statutes, is amended to read:

14         112.361  Additional and updated supplemental retirement

15  benefits.--

16         (2)  DEFINITIONS.--As used in this section, unless a

17  different meaning is required by the context:

18         (b)  "Retired member" means any person:

19         1.  Who either:

20         a.  Had both attained age 65 and retired for reasons

21  other than disability prior to January 1, 1968; or

22         b.  Had retired because of disability prior to January

23  1, 1968, and who, if he or she had been covered under the

24  Social Security Act, would have been eligible for disability

25  benefits under Title II of the Social Security Act; and

26         2.  Who is receiving benefits under any of the

27  following systems:

28         a.  State and County Officers and Employees Retirement

29  System created by authority of chapter 122;

30

31


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  1         b.  Supreme Court Justices, District Courts of Appeal

  2  Judges and Circuit Judges Retirement System created by

  3  authority of former chapter 123;

  4         c.  Teachers' Retirement System of the state created by

  5  authority of chapter 238; or

  6         d.  Highway Patrol Pension Trust Fund created by

  7  authority of chapter 321.

  8

  9  In addition, "retired member" includes any state official or

10  state employee who retired prior to January 1, 1958, and is

11  receiving benefits by authority of s. 112.05.

12

13         Reviser's note.--Amended to conform to the

14         repeal of the provisions of former ch. 123 by

15         s. 20, ch. 97-180, Laws of Florida.

16

17         Section 46.  Subsection (5) of section 117.05, Florida

18  Statutes, 1998 Supplement, is reenacted and amended to read:

19         117.05  Use of notary commission; unlawful use; notary

20  fee; seal; duties; employer liability; name change;

21  advertising; photocopies; penalties.--

22         (5)  A notary public may not notarize a signature on a

23  document unless he or she personally knows, or has

24  satisfactory evidence, that the person whose signature is to

25  be notarized is the individual who is described in and who is

26  executing the instrument. A notary public shall certify in the

27  certificate of acknowledgment or jurat the type of

28  identification, either based on personal knowledge or other

29  form of identification, upon which the notary public is

30  relying.

31


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  1         (a)  For purposes of this subsection, "personally

  2  knows" means having an acquaintance, derived from association

  3  with the individual, which establishes the individual's

  4  identity with at least a reasonable certainty.

  5         (b)  For the purposes of this subsection, "satisfactory

  6  evidence" means the absence of any information, evidence, or

  7  other circumstances which would lead a reasonable person to

  8  believe that the person whose signature is to be notarized is

  9  not the person he or she claims to be and any one of the

10  following:

11         1.  The sworn written statement of one credible witness

12  personally known to the notary public or the sworn written

13  statement of two credible witnesses whose identities are

14  proven to the notary public upon the presentation of

15  satisfactory evidence that each of the following is true:

16         a.  That the person whose signature is to be notarized

17  is the person named in the document;

18         b.  That the person whose signature is to be notarized

19  is personally known to the witnesses;

20         c.  That it is the reasonable belief of the witnesses

21  that the circumstances of the person whose signature is to be

22  notarized are such that it would be very difficult or

23  impossible for that person to obtain another acceptable form

24  of identification;

25         d.  That it is the reasonable belief of the witnesses

26  that the person whose signature is to be notarized does not

27  possess any of the identification documents specified in

28  subparagraph 2.; and

29         e.  That the witnesses do not have a financial interest

30  in nor are parties to the underlying transaction; or

31


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  1         2.  Reasonable reliance on the presentation to the

  2  notary public of any one of the following forms of

  3  identification, if the document is current or has been issued

  4  within the past 5 years and bears a serial or other

  5  identifying number:

  6         a.  A Florida identification card or driver's license

  7  issued by the public agency authorized to issue driver's

  8  licenses;

  9         b.  A passport issued by the Department of State of the

10  United States;

11         c.  A passport issued by a foreign government if the

12  document is stamped by the United States Immigration and

13  Naturalization Service;

14         d.  A driver's license or an identification card issued

15  by a public agency authorized to issue driver's licenses in a

16  state other than Florida, a territory of the United States, or

17  Canada or Mexico;

18         e.  An identification card issued by any branch of the

19  armed forces of the United States;

20         f.  An inmate identification card issued on or after

21  January 1, 1991, by the Florida Department of Corrections for

22  an inmate who is in the custody of the department;

23         g.  An inmate identification card issued by the United

24  States Department of Justice, Bureau of Federal Prisons, for

25  an inmate who is in the custody of the department;

26         h.  A sworn, written statement from a sworn law

27  enforcement officer that the forms of identification for an

28  inmate in an institution of confinement were confiscated upon

29  confinement and that the person named in the document is the

30  person whose signature is to be notarized; or

31


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  1         i.  An identification card issued by the United States

  2  Immigration and Naturalization Service.

  3

  4         Reviser's note.--Section 5, ch. 98-246, Laws of

  5         Florida, purported to amend s. 117.05 in its

  6         entirety, but failed to republish paragraph

  7         (5)(a).  In the absence of affirmative evidence

  8         that the Legislature intended to repeal

  9         paragraph (5)(a), it is reenacted to confirm

10         that the omission was not intended. Paragraph

11         (5)(b) is amended to conform to the title of

12         the Bureau of Prisons as provided in 18 U.S.C.

13         s. 4041.

14

15         Section 47.  Paragraphs (d) and (e) of subsection (1)

16  of section 120.57, Florida Statutes, 1998 Supplement, are

17  amended to read:

18         120.57  Additional procedures for particular cases.--

19         (1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS

20  INVOLVING DISPUTED ISSUES OF MATERIAL FACT.--

21         (d)  Notwithstanding s. 120.569(2)(g) 120.569(2)(e),

22  similar fact evidence of other violations, wrongs, or acts is

23  admissible when relevant to prove a material fact in issue,

24  such as proof of motive, opportunity, intent, preparation,

25  plan, knowledge, identity, or absence of mistake or accident,

26  but it is inadmissible when the evidence is relevant solely to

27  prove bad character or propensity. When the state in an

28  administrative proceeding intends to offer evidence of other

29  acts or offenses under this paragraph, the state shall furnish

30  to the party whose substantial interests are being determined

31  and whose other acts or offenses will be the subject of such


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  1  evidence, no fewer than 10 days before commencement of the

  2  proceeding, a written statement of the acts or offenses it

  3  intends to offer, describing them and the evidence the state

  4  intends to offer with particularity. Notice is not required

  5  for evidence of acts or offenses which is used for impeachment

  6  or on rebuttal.

  7         (e)1.  Any agency action that determines the

  8  substantial interests of a party and that is based on an

  9  unadopted rule is subject to de novo review by an

10  administrative law judge.

11         2.  The agency action shall not be presumed valid or

12  invalid.  The agency must demonstrate that the unadopted rule:

13         a.  Is within the powers, functions, and duties

14  delegated by the Legislature or, if the agency is operating

15  pursuant to authority derived from the State Constitution, is

16  within that authority;

17         b.  Does not enlarge, modify, or contravene the

18  specific provisions of law implemented;

19         c.  Is not vague, establishes adequate standards for

20  agency decisions, or does not vest unbridled discretion in the

21  agency;

22         d.  Is not arbitrary or capricious;

23         e.  Is not being applied to the substantially affected

24  party without due notice;

25         f.  Is supported by competent and substantial evidence;

26  and

27         g.  Does not impose excessive regulatory costs on the

28  regulated person, county, or city.

29         3.  The recommended and final orders in any proceeding

30  shall be governed by the provisions of paragraphs (k)(i) and

31  (l)(j), except that the administrative law judge's


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  1  determination regarding the unadopted rule shall not be

  2  rejected by the agency unless the agency first determines from

  3  a review of the complete record, and states with particularity

  4  in the order, that such determination is clearly erroneous or

  5  does not comply with essential requirements of law.  In any

  6  proceeding for review under s. 120.68, if the court finds that

  7  the agency's rejection of the determination regarding the

  8  unadopted rule does not comport with the provisions of this

  9  subparagraph, the agency action shall be set aside and the

10  court shall award to the prevailing party the reasonable costs

11  and a reasonable attorney's fee for the initial proceeding and

12  the proceeding for review.

13

14         Reviser's note.--Paragraph (1)(d) is amended to

15         conform to the redesignation of subunits of s.

16         120.569(2) by s. 4, ch. 98-200, Laws of

17         Florida. Paragraph (1)(e) is amended to conform

18         to the redesignation of subunits of s. 120.57

19         by s. 5, ch. 98-200, Laws of Florida.

20

21         Section 48.  Paragraph (c) of subsection (1) of section

22  120.595, Florida Statutes, is amended to read:

23         120.595  Attorney's fees.--

24         (1)  CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION

25  120.57(1).--

26         (c)  In proceedings pursuant to s. 120.57(1), and upon

27  motion, the administrative law judge shall determine whether

28  any party participated in the proceeding for an improper

29  purpose as defined by this subsection and s. 120.569(2)(e)

30  120.569(2)(c). In making such determination, the

31  administrative law judge shall consider whether the


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  1  nonprevailing adverse party has participated in two or more

  2  other such proceedings involving the same prevailing party and

  3  the same project as an adverse party and in which such two or

  4  more proceedings the nonprevailing adverse party did not

  5  establish either the factual or legal merits of its position,

  6  and shall consider whether the factual or legal position

  7  asserted in the instant proceeding would have been cognizable

  8  in the previous proceedings. In such event, it shall be

  9  rebuttably presumed that the nonprevailing adverse party

10  participated in the pending proceeding for an improper

11  purpose.

12

13         Reviser's note.--Amended to conform to the

14         redesignation of subunits of s. 120.569(2) by

15         s. 4, ch. 98-200, Laws of Florida.

16

17         Section 49.  Subsection (4) of section 120.81, Florida

18  Statutes, is amended to read:

19         120.81  Exceptions and special requirements; general

20  areas.--

21         (4)  REGULATION OF PROFESSIONS.--Notwithstanding s.

22  120.569(2)(g) 120.569(2)(e), in a proceeding against a

23  licensed professional or in a proceeding for licensure of an

24  applicant for professional licensure which involves

25  allegations of sexual misconduct:

26         (a)  The testimony of the victim of the sexual

27  misconduct need not be corroborated.

28         (b)  Specific instances of prior consensual sexual

29  activity between the victim of the sexual misconduct and any

30  person other than the offender is inadmissible, unless:

31


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  1         1.  It is first established to the administrative law

  2  judge in a proceeding in camera that the victim of the sexual

  3  misconduct is mistaken as to the identity of the perpetrator

  4  of the sexual misconduct; or

  5         2.  If consent by the victim of the sexual misconduct

  6  is at issue and it is first established to the administrative

  7  law judge in a proceeding in camera that such evidence tends

  8  to establish a pattern of conduct or behavior on the part of

  9  such victim which is so similar to the conduct or behavior in

10  the case that it is relevant to the issue of consent.

11         (c)  Reputation evidence relating to the prior sexual

12  conduct of a victim of sexual misconduct is inadmissible.

13

14         Reviser's note.--Amended to conform to the

15         redesignation of subunits of s. 120.569(2) by

16         s. 4, ch. 98-200, Laws of Florida.

17

18         Section 50.  Paragraph (c) of subsection (3) of section

19  121.011, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         121.011  Florida Retirement System.--

22         (3)  PRESERVATION OF RIGHTS.--

23         (c)  Any member of the Supreme Court Justices, District

24  Courts of Appeal Judges, and Circuit Judges' Retirement

25  System, former chapter 123, who terminates his or her service

26  as a justice or judge and accepts employment covered under

27  this chapter and elects to transfer to the Florida Retirement

28  System rather than retain his or her vested rights under

29  former chapter 123 may transfer to the Florida Retirement

30  System.  All contributions of such member, including matching

31  contributions, shall be transferred from the judicial


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  1  retirement trust fund to the system trust fund, and his or her

  2  normal retirement benefit shall conform with s. 121.091 from

  3  November 30, 1970, or from date of transfer thereafter.  Any

  4  justice or judge electing to transfer to the Florida

  5  Retirement System pursuant to the provisions of this paragraph

  6  may, at any time prior to retirement, pay for and receive

  7  credit for any service performed in any position covered by

  8  the existing systems as defined in this chapter for which he

  9  or she has not already received credit.  The amount of such

10  payments and the credit received for such service shall be the

11  same as required for a member to obtain credit for prior

12  service pursuant to s. 8(2), chapter 70-112, Laws of Florida,

13  appearing as s. 121.081(2). Any justice or judge who elects to

14  transfer to the Florida Retirement System as provided herein

15  and who retires under the provisions of this chapter shall be

16  eligible for judicial service pursuant to the applicable

17  provisions of law if he or she has had no less than 5 years of

18  judicial service at the time of retirement.

19

20         Reviser's note.--Amended to conform to the

21         repeal of the provisions of former ch. 123 by

22         s. 20, ch. 97-180, Laws of Florida.

23

24         Section 51.  Subsection (2), paragraph (b) of

25  subsection (39), paragraph (a) of subsection (52), and

26  paragraph (a) of subsection (53) of section 121.021, Florida

27  Statutes, 1998 Supplement, are amended to read:

28         121.021  Definitions.--The following words and phrases

29  as used in this chapter have the respective meanings set forth

30  unless a different meaning is plainly required by the context:

31


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  1         (2)  "Existing systems" means the State and County

  2  Officers and Employees' Retirement System, the retirement

  3  system for school teachers, and the highway patrol pensions

  4  and pension trust fund, which are consolidated in s.

  5  121.011(2).  On and after July 1, 1972, the term "existing

  6  systems" shall also include the retirement system for justices

  7  and judges established by former chapter 123 and as

  8  consolidated with the Florida Retirement System in s. 121.046.

  9         (39)

10         (b)  "Termination" for a member electing to participate

11  under the Deferred Retirement Option Program occurs when the

12  Deferred Retirement Option Program participant ceases all

13  employment relationships with employers under this system in

14  accordance with s. 121.091(13), but in the event the Deferred

15  Retirement Option Program participant should be employed by

16  any such employer within the next calendar month, termination

17  will be deemed not to have occurred, except as provided in s.

18  121.091(13)(b)4.c. 121.091(13)(b)5.b. A leave of absence shall

19  constitute a continuation of the employment relationship.

20         (52)  "Regularly established position" is defined as

21  follows:

22         (a)  In a state agency, the term means a position which

23  is authorized and established pursuant to law and is

24  compensated from a salaries appropriation pursuant to s.

25  216.011(1)(z)1. and 2. 216.011(1)(x)1. and 2., or an

26  established position which is authorized pursuant to s.

27  216.262(1)(a) and (b) and is compensated from a salaries

28  account as provided by rule.

29         (53)  "Temporary position" is defined as follows:

30         (a)  In a state agency, the term means an employment

31  position which is compensated from an other personal services


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  1  (OPS) account, as provided for in s. 216.011(1)(z)

  2  216.011(1)(x).

  3

  4         Reviser's note.--Subsection (2) is amended to

  5         conform to the repeal of the provisions of

  6         former ch. 123 by s. 20, ch. 97-180, Laws of

  7         Florida. Paragraph (39)(b) is amended to

  8         conform to the redesignation of subunits of s.

  9         121.091 by s. 1, ch. 98-18, Laws of Florida.

10         Paragraphs (52)(a) and (53)(a) are amended to

11         conform to the redesignation of subunits of s.

12         216.011 by s. 1, ch. 98-73, Laws of Florida.

13

14         Section 52.  Subsections (1), (2), and (3) and

15  paragraph (a) of subsection (5) of section 121.046, Florida

16  Statutes, are amended to read:

17         121.046  Merger of the Judicial Retirement System into

18  the Florida Retirement System Act.--

19         (1)  Any person who is elected or appointed to office

20  in this state as Supreme Court justice, district court of

21  appeal judge, or circuit judge on or after July 1, 1972, shall

22  not be eligible for membership, rights, or any privileges

23  under former chapter 123, the Judicial Retirement System,

24  unless such justice or judge is already a member of said

25  retirement system when elected or appointed to such office.

26         (2)  Former chapter 123, the Judicial Retirement

27  System, is hereby merged as a separate instrument appended to

28  this chapter, the "Florida Retirement System Act," and the

29  administration of said former chapter 123, the Judicial

30  Retirement System, shall be merged into the administration of

31  the Florida Retirement System.


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  1         (3)  The rights of members of the Judicial Retirement

  2  System established by former chapter 123 shall not be

  3  impaired, nor shall their benefits be reduced, by virtue of

  4  any provision of this act or any provision of the Florida

  5  Retirement System Act, except that if a member of the Judicial

  6  Retirement System, otherwise eligible, elects, prior to June

  7  30, 1973, to transfer to the Florida Retirement System, he or

  8  she shall be transferred to the Florida Retirement System and,

  9  from the date his or her transfer becomes effective, shall be

10  subject to the provisions of the Florida Retirement System

11  established by this chapter, together with any relevant

12  provisions of this act and shall have his or her benefits

13  calculated accordingly.

14         (5)(a)  Effective July 1, 1972, the Judicial Retirement

15  System established by former chapter 123 shall be merged into

16  this chapter, the Florida Retirement System Act, and the

17  Florida Retirement System shall assume:

18         1.  All liabilities related to the payment of benefits

19  to members and their beneficiaries;

20         2.  The administration and payment of benefits now

21  accrued or which may accrue in the future for the benefit of

22  members, beneficiaries and survivors; and

23         3.  All obligations in regard to funding, including any

24  actuarial deficit which may now or hereafter exist in the

25  Judicial Retirement System.

26

27         Reviser's note.--Amended to conform to the

28         repeal of the provisions of former ch. 123 by

29         s. 20, ch. 97-180, Laws of Florida.

30

31


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  1         Section 53.  Paragraph (c) of subsection (2) of section

  2  121.051, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         121.051  Participation in the system.--

  5         (2)  OPTIONAL PARTICIPATION.--

  6         (c)  Employees of members of the Florida State

  7  Community College System or charter technical career centers

  8  sponsored by members of the Florida State Community College

  9  System, as designated in s. 240.3031, who are members of the

10  Regular Class of the Florida Retirement System and who comply

11  with the criteria set forth in this paragraph and in s.

12  240.3195 may elect, in lieu of participating in the Florida

13  Retirement System, to withdraw from the Florida Retirement

14  System altogether and participate in a lifetime monthly

15  annuity program, to be known as the State Community College

16  System Optional Retirement Program, which may be provided by

17  the employing agency under s. 240.3195. Pursuant thereto:

18         1.  The cost to the employer for such annuity shall

19  equal the normal cost portion of the employer retirement

20  contribution which would be required if the employee were a

21  member of the Regular Class, plus the portion of the

22  contribution rate required by s. 112.363(8) that would

23  otherwise be assigned to the Retiree Health Insurance Subsidy

24  Trust Fund, and less an amount approved by the employer to

25  provide for the administration of the optional retirement

26  program.  The employer providing such annuity shall contribute

27  an additional amount to the Florida Retirement System Trust

28  Fund equal to the unfunded actuarial accrued liability portion

29  of the Regular Class contribution rate.

30         2.  The decision to participate in such an optional

31  retirement program shall be irrevocable for as long as the


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  1  employee holds a position eligible for participation.  Any

  2  service creditable under the Florida Retirement System shall

  3  be retained after the member withdraws from the Florida

  4  Retirement System; however, additional service credit in the

  5  Florida Retirement System shall not be earned while a member

  6  of the optional retirement program.

  7         3.  Participation in an optional annuity program shall

  8  be limited to those employees who satisfy the following

  9  eligibility criteria:

10         a.  The employee must be otherwise eligible for

11  membership in the Regular Class of the Florida Retirement

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

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

14  position classified in the Accounting Manual for Florida's

15  Public Community Colleges as:

16         (I)  Instructional; or

17         (II)  Executive Management, Instructional Management,

18  or Institutional Management, if a community college determines

19  that recruiting to fill a vacancy in the position is to be

20  conducted in the national or regional market, and:

21         (A)  The duties and responsibilities of the position

22  include either the formulation, interpretation, or

23  implementation of policies; or

24         (B)  The duties and responsibilities of the position

25  include the performance of functions that are unique or

26  specialized within higher education and that frequently

27  involve the support of the mission of the community college.

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

29  included in the Senior Management Service Class of the Florida

30  Retirement System, as described in s. 121.055.

31


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  1         4.  Participants in the program are subject to the same

  2  reemployment limitations, renewed membership provisions, and

  3  forfeiture provisions as are applicable to regular members of

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

  5  and 121.091(5), respectively.

  6         5.  Eligible community college employees shall be

  7  compulsory members of the Florida Retirement System until,

  8  pursuant to the procedures set forth in s. 240.3195, the first

  9  day of the next full calendar month following the filing of

10  both a written election to withdraw and a completed

11  application for an individual contract or certificate with the

12  program administrator and receipt of such election by the

13  division.

14

15         Reviser's note.--Amended to conform to the

16         redesignation of the State Community College

17         System as the Florida Community College System

18         by s. 15, ch. 98-58, Laws of Florida.

19

20         Section 54.  Paragraph (b) of subsection (9) and

21  paragraphs (a), (b), and (d) of subsection (13) of section

22  121.091, Florida Statutes, 1998 Supplement, are amended to

23  read:

24         121.091  Benefits payable under the system.--Benefits

25  may not be paid under this section unless the member has

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

27  begun participation in the Deferred Retirement Option Program

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

29  been filed in the manner prescribed by the division. The

30  division may cancel an application for retirement benefits

31  when the member or beneficiary fails to timely provide the


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  1  information and documents required by this chapter and the

  2  division's rules. The division shall adopt rules establishing

  3  procedures for application for retirement benefits and for the

  4  cancellation of such application when the required information

  5  or documents are not received.

  6         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

  7         (b)1.  Any person who is retired under this chapter,

  8  except under the disability retirement provisions of

  9  subsection (4), may be reemployed by any private or public

10  employer after retirement and receive retirement benefits and

11  compensation from his or her employer without any limitations,

12  except that a person may not receive both a salary from

13  reemployment with any agency participating in the Florida

14  Retirement System and retirement benefits under this chapter

15  for a period of 12 months immediately subsequent to the date

16  of retirement. However, a DROP participant shall continue

17  employment and receive a salary during the period of

18  participation in the Deferred Retirement Option Program, as

19  provided in subsection (13).

20         2.  Any person to whom the limitation in subparagraph

21  1. applies who violates such reemployment limitation and who

22  is reemployed with any agency participating in the Florida

23  Retirement System before completion of the 12-month limitation

24  period shall give timely notice of this fact in writing to the

25  employer and to the division and shall have his or her

26  retirement benefits suspended for the balance of the 12-month

27  limitation period.  Any person employed in violation of this

28  paragraph and any employing agency which knowingly employs or

29  appoints such person without notifying the Division of

30  Retirement to suspend retirement benefits shall be jointly and

31  severally liable for reimbursement to the retirement trust


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  1  fund of any benefits paid during the reemployment limitation

  2  period.  To avoid liability, such employing agency shall have

  3  a written statement from the retiree that he or she is not

  4  retired from a state-administered retirement system.  Any

  5  retirement benefits received while reemployed during this

  6  reemployment limitation period shall be repaid to the

  7  retirement trust fund, and retirement benefits shall remain

  8  suspended until such repayment has been made.  Benefits

  9  suspended beyond the reemployment limitation shall apply

10  toward repayment of benefits received in violation of the

11  reemployment limitation.

12         3.  A district school board may reemploy a retired

13  member as a substitute or hourly teacher, education

14  paraprofessional, transportation assistant, bus driver, or

15  food service worker on a noncontractual basis after he or she

16  has been retired for 1 calendar month, in accordance with s.

17  121.021(39).  Any retired member who is reemployed within 1

18  calendar month after retirement shall void his or her

19  application for retirement benefits. District school boards

20  reemploying such teachers, education paraprofessionals,

21  transportation assistants, bus drivers, or food service

22  workers are subject to the retirement contribution required by

23  subparagraph 7.  Reemployment of a retired member as a

24  substitute or hourly teacher, education paraprofessional,

25  transportation assistant, bus driver, or food service worker

26  is limited to 780 hours during the first 12 months of his or

27  her retirement.  Any retired member reemployed for more than

28  780 hours during his or her first 12 months of retirement

29  shall give timely notice in writing to the employer and to the

30  division of the date he or she will exceed the limitation.

31  The division shall suspend his or her retirement benefits for


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  1  the remainder of the first 12 months of retirement.  Any

  2  person employed in violation of this subparagraph and any

  3  employing agency which knowingly employs or appoints such

  4  person without notifying the Division of Retirement to suspend

  5  retirement benefits shall be jointly and severally liable for

  6  reimbursement to the retirement trust fund of any benefits

  7  paid during the reemployment limitation period.  To avoid

  8  liability, such employing agency shall have a written

  9  statement from the retiree that he or she is not retired from

10  a state-administered retirement system.  Any retirement

11  benefits received by a retired member while reemployed in

12  excess of 780 hours during the first 12 months of retirement

13  shall be repaid to the Retirement System Trust Fund, and his

14  or her retirement benefits shall remain suspended until

15  repayment is made.  Benefits suspended beyond the end of the

16  retired member's first 12 months of retirement shall apply

17  toward repayment of benefits received in violation of the

18  780-hour reemployment limitation.

19         4.  A community college board of trustees may reemploy

20  a retired member as an adjunct instructor, that is, an

21  instructor who is noncontractual and part-time, or as a

22  participant in a phased retirement program within the Florida

23  State Community College System, after he or she has been

24  retired for 1 calendar month, in accordance with s.

25  121.021(39).  Any retired member who is reemployed within 1

26  calendar month after retirement shall void his or her

27  application for retirement benefits.  Boards of trustees

28  reemploying such instructors are subject to the retirement

29  contribution required in subparagraph 7.  A retired member may

30  be reemployed as an adjunct instructor for no more than 780

31  hours during the first 12 months of retirement.  Any retired


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  1  member reemployed for more than 780 hours during the first 12

  2  months of retirement shall give timely notice in writing to

  3  the employer and to the division of the date he or she will

  4  exceed the limitation.  The division shall suspend his or her

  5  retirement benefits for the remainder of the first 12 months

  6  of retirement.  Any person employed in violation of this

  7  subparagraph and any employing agency which knowingly employs

  8  or appoints such person without notifying the Division of

  9  Retirement to suspend retirement benefits shall be jointly and

10  severally liable for reimbursement to the retirement trust

11  fund of any benefits paid during the reemployment limitation

12  period.  To avoid liability, such employing agency shall have

13  a written statement from the retiree that he or she is not

14  retired from a state-administered retirement system.  Any

15  retirement benefits received by a retired member while

16  reemployed in excess of 780 hours during the first 12 months

17  of retirement shall be repaid to the Retirement System Trust

18  Fund, and retirement benefits shall remain suspended until

19  repayment is made.  Benefits suspended beyond the end of the

20  retired member's first 12 months of retirement shall apply

21  toward repayment of benefits received in violation of the

22  780-hour reemployment limitation.

23         5.  The State University System may reemploy a retired

24  member as an adjunct faculty member or as a participant in a

25  phased retirement program within the State University System

26  after the retired member has been retired for 1 calendar

27  month, in accordance with s. 121.021(39).  Any retired member

28  who is reemployed within 1 calendar month after retirement

29  shall void his or her application for retirement benefits.

30  The State University System is subject to the retired

31  contribution required in subparagraph 7., as appropriate. A


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  1  retired member may be reemployed as an adjunct faculty member

  2  or a participant in a phased retirement program for no more

  3  than 780 hours during the first 12 months of his or her

  4  retirement.  Any retired member reemployed for more than 780

  5  hours during the first 12 months of retirement shall give

  6  timely notice in writing to the employer and to the division

  7  of the date he or she will exceed the limitation.  The

  8  division shall suspend his or her retirement benefits for the

  9  remainder of the first 12 months of retirement.  Any person

10  employed in violation of this subparagraph and any employing

11  agency which knowingly employs or appoints such person without

12  notifying the Division of Retirement to suspend retirement

13  benefits shall be jointly and severally liable for

14  reimbursement to the retirement trust fund of any benefits

15  paid during the reemployment limitation period.  To avoid

16  liability, such employing agency shall have a written

17  statement from the retiree that he or she is not retired from

18  a state-administered retirement system.  Any retirement

19  benefits received by a retired member while reemployed in

20  excess of 780 hours during the first 12 months of retirement

21  shall be repaid to the Retirement System Trust Fund, and

22  retirement benefits shall remain suspended until repayment is

23  made.  Benefits suspended beyond the end of the retired

24  member's first 12 months of retirement shall apply toward

25  repayment of benefits received in violation of the 780-hour

26  reemployment limitation.

27         6.  The Board of Trustees of the Florida School for the

28  Deaf and the Blind may reemploy a retired member as a

29  substitute teacher, substitute residential instructor, or

30  substitute nurse on a noncontractual basis after he or she has

31  been retired for 1 calendar month, in accordance with s.


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  1  121.021(39).  Any retired member who is reemployed within 1

  2  calendar month after retirement shall void his or her

  3  application for retirement benefits. The Board of Trustees of

  4  the Florida School for the Deaf and the Blind reemploying such

  5  teachers, residential instructors, or nurses is subject to the

  6  retirement contribution required by subparagraph 7.

  7  Reemployment of a retired member as a substitute teacher,

  8  substitute residential instructor, or substitute nurse is

  9  limited to 780 hours during the first 12 months of his or her

10  retirement.  Any retired member reemployed for more than 780

11  hours during the first 12 months of retirement shall give

12  timely notice in writing to the employer and to the division

13  of the date he or she will exceed the limitation. The division

14  shall suspend his or her retirement benefits for the remainder

15  of the first 12 months of retirement.  Any person employed in

16  violation of this subparagraph and any employing agency which

17  knowingly employs or appoints such person without notifying

18  the Division of Retirement to suspend retirement benefits

19  shall be jointly and severally liable for reimbursement to the

20  retirement trust fund of any benefits paid during the

21  reemployment limitation period.  To avoid liability, such

22  employing agency shall have a written statement from the

23  retiree that he or she is not retired from a

24  state-administered retirement system.  Any retirement benefits

25  received by a retired member while reemployed in excess of 780

26  hours during the first 12 months of retirement shall be repaid

27  to the Retirement System Trust Fund, and his or her retirement

28  benefits shall remain suspended until payment is made.

29  Benefits suspended beyond the end of the retired member's

30  first 12 months of retirement shall apply toward repayment of

31


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  1  benefits received in violation of the 780-hour reemployment

  2  limitation.

  3         7.  The employment by an employer of any retiree or

  4  DROP participant of any state-administered retirement system

  5  shall have no effect on the average final compensation or

  6  years of creditable service of the retiree or DROP

  7  participant.  Prior to July 1, 1991, upon employment of any

  8  person, other than an elected officer as provided in s.

  9  121.053, who has been retired under any state-administered

10  retirement program, the employer shall pay retirement

11  contributions in an amount equal to the unfunded actuarial

12  liability portion of the employer contribution which would be

13  required for regular members of the Florida Retirement System.

14  Effective July 1, 1991, contributions shall be made as

15  provided in s. 121.122 for retirees with renewed membership or

16  subsection (13) with respect to DROP participants.

17         8.  Any person who has previously retired and who is

18  holding an elective public office or an appointment to an

19  elective public office eligible for the Elected State and

20  County Officers' Class on or after July 1, 1990, shall be

21  enrolled in the Florida Retirement System as provided in s.

22  121.053(1)(b) or, if holding an elective public office that

23  does not qualify for the Elected State and County Officers'

24  Class on or after July 1, 1991, shall be enrolled in the

25  Florida Retirement System as provided in s. 121.122, and shall

26  continue to receive retirement benefits as well as

27  compensation for the elected officer's service for as long as

28  he or she remains in elective office. However, any retired

29  member who served in an elective office prior to July 1, 1990,

30  suspended his or her retirement benefit, and had his or her

31  Florida Retirement System membership reinstated shall, upon


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  1  retirement from such office, have his or her retirement

  2  benefit recalculated to include the additional service and

  3  compensation earned.

  4         9.  Any person who is holding an elective public office

  5  which is covered by the Florida Retirement System and who is

  6  concurrently employed in nonelected covered employment may

  7  elect to retire while continuing employment in the elective

  8  public office, provided that he or she shall be required to

  9  terminate his or her nonelected covered employment.  Any

10  person who exercises this election shall receive his or her

11  retirement benefits in addition to the compensation of the

12  elective office without regard to the time limitations

13  otherwise provided in this subsection.  No person who seeks to

14  exercise the provisions of this subparagraph, as the same

15  existed prior to May 3, 1984, shall be deemed to be retired

16  under those provisions, unless such person is eligible to

17  retire under the provisions of this subparagraph, as amended

18  by chapter 84-11, Laws of Florida.

19         10.  The limitations of this paragraph apply to

20  reemployment in any capacity with an "employer" as defined in

21  s. 121.021(10), irrespective of the category of funds from

22  which the person is compensated.

23         11.  From July 1, 1997, through December 31, 1998,

24  notwithstanding the limitations of this subsection, except

25  that any retiree who is reemployed within 1 calendar month

26  after retirement shall void his or her application for

27  retirement benefits, any retiree of the Florida Retirement

28  System may be reemployed by a covered employer during the 2nd

29  through 12th months of the reemployment limitation period

30  without suspending his or her retirement benefits, provided

31  that the reemployment is for the sole purpose of working on


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  1  the technical aspects of correcting or replacing the computer

  2  systems and programs necessary to resolve the year 2000 date

  3  problem for computing which confronts all public employers

  4  covered by the Florida Retirement System.

  5         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

  6  and subject to the provisions of this section, the Deferred

  7  Retirement Option Program, hereinafter referred to as the

  8  DROP, is a program under which an eligible member of the

  9  Florida  Retirement System may elect to participate, deferring

10  receipt of retirement benefits while continuing employment

11  with his or her Florida Retirement System employer.  The

12  deferred monthly benefits shall accrue in the System Trust

13  Fund on behalf of the participant, plus interest compounded

14  monthly, for the specified period of the DROP participation,

15  as provided in paragraph (c).  Upon termination of employment,

16  the participant shall receive the total DROP benefits and

17  begin to receive the previously determined normal retirement

18  benefits. Participation in the DROP does not guarantee

19  employment for the specified period of DROP.

20         (a)  Eligibility of member to participate in the

21  DROP.--All active Florida Retirement System members in a

22  regularly established position, and all active members of

23  either the Teachers' Retirement System established in chapter

24  238 or the State and County Officers' and Employees'

25  Retirement System established in chapter 122 which systems are

26  consolidated within the Florida Retirement System under s.

27  121.011, are eligible to elect participation in the DROP

28  provided that:

29         1.  The member is not a renewed member of the Florida

30  Retirement System under s. 121.122, or a member of the State

31  Community College System Optional Retirement Program under s.


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  1  121.051, the Senior Management Service Optional Annuity

  2  Program under s. 121.055, or the optional retirement program

  3  for the State University System under s. 121.35.

  4         2.  Election to participate is made within 12 months

  5  immediately following the date on which the member first

  6  reaches normal retirement date, or, for a member who reaches

  7  normal retirement date based on service before he or she

  8  reaches age 62, or age 55 for Special Risk Class members,

  9  election to participate may be deferred to the 12 months

10  immediately following the date the member attains 57, or age

11  50 for Special Risk Class members. For a member who first

12  reached normal retirement date or the deferred eligibility

13  date described above prior to the effective date of this

14  section, election to participate shall be made within 12

15  months after the effective date of this section.  A member who

16  fails to make an election within such 12-month limitation

17  period shall forfeit all rights to participate in the DROP.

18  The member shall advise his or her employer and the division

19  in writing of the date on which the DROP shall begin. Such

20  beginning date may be subsequent to the 12-month election

21  period, but must be within the 60-month limitation period as

22  provided in subparagraph (b)1. When establishing eligibility

23  of the member to participate in the DROP or the 60-month

24  maximum participation period, the member may elect to include

25  or exclude any optional service credit purchased by the member

26  from the total service used to establish the normal retirement

27  date. A member with dual normal retirement dates shall be

28  eligible to elect to participate in DROP within 12 months

29  after attaining normal retirement date in either class.

30         3.  The employer of a member electing to participate in

31  the DROP, or employers if dually employed, shall acknowledge


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  1  in writing to the division the date the member's participation

  2  in the DROP begins and the date the member's employment and

  3  DROP participation will terminate.

  4         4.  Simultaneous employment of a participant by

  5  additional Florida Retirement System employers subsequent to

  6  the commencement of participation in the DROP shall be

  7  permissible provided such employers acknowledge in writing a

  8  DROP termination date no later than the participant's existing

  9  termination date or the 60-month limitation period as provided

10  in subparagraph (b)1.

11         5.  A DROP participant may change employers while

12  participating in the DROP, subject to the following:

13         a.  A change of employment must take place without a

14  break in service so that the member receives salary for each

15  month of continuous DROP participation.  If a member receives

16  no salary during a month, DROP participation shall cease

17  unless the employer verifies a continuation of the employment

18  relationship for such participant pursuant to s.

19  121.021(39)(b).

20         b.  Such participant and new employer shall notify the

21  division on forms required by the division as to the identity

22  of the new employer.

23         c.  The new employer shall acknowledge, in writing, the

24  participant's DROP termination date, which may be extended but

25  not beyond the original 60-month period provided in

26  subparagraph (b)1., shall acknowledge liability for any

27  additional retirement contributions and interest required if

28  the participant fails to timely terminate employment, and

29  shall be subject to the adjustment required in

30  sub-subparagraph (c)5.d.(c)4.d.

31         (b)  Participation in the DROP.--


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  1         1.  An eligible member may elect to participate in the

  2  DROP for a period not to exceed a maximum of 60 calendar

  3  months immediately following the date on which the member

  4  first reaches his or her normal retirement date or the date to

  5  which he or she is eligible to defer his or her election to

  6  participate as provided in subparagraph (a)2. However, a

  7  member who has reached normal retirement date prior to the

  8  effective date of the DROP shall be eligible to participate in

  9  the DROP for a period of time not to exceed 60 calendar months

10  immediately following the effective date of the DROP, except a

11  member of the Special Risk Class who has reached normal

12  retirement date prior to the effective date of the DROP and

13  whose total accrued value exceeds 75 percent of average final

14  compensation as of his or her effective date of retirement

15  shall be eligible to participate in the DROP for no more than

16  36 calendar months immediately following the effective date of

17  the DROP.

18         2.  Upon deciding to participate in the DROP, the

19  member shall submit, on forms required by the division:

20         a.  A written election to participate in the DROP;

21         b.  Selection of the DROP participation and termination

22  dates, which satisfy the limitations stated in paragraph (a)

23  and subparagraph 1. Such termination date shall be in a

24  binding letter of resignation with the employer, establishing

25  a deferred termination date. The member may change the

26  termination date within the limitations of subparagraph 1.,

27  but only with the written approval of his employer;

28         c.  A properly completed DROP application for service

29  retirement as provided in this section; and

30         d.  Any other information required by the division.

31


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  1         3.  The DROP participant shall be a retiree under the

  2  Florida Retirement System for all purposes, except for

  3  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

  4  121.053, and 121.122. However, participation in the DROP does

  5  not alter the participant's employment status and such

  6  employee shall not be deemed retired from employment until his

  7  or her deferred resignation is effective and termination

  8  occurs as provided in s. 121.021(39).

  9         4.  Elected officers shall be eligible to participate

10  in the DROP subject to the following:

11         a.  An elected officer who reaches normal retirement

12  date during a term of office may defer the election to

13  participate in the DROP until the next succeeding term in that

14  office. Such elected officer who exercises this option may

15  participate in the DROP for up to 60 calendar months or a

16  period of no longer than such succeeding term of office,

17  whichever is less.

18         b.  An elected or a nonelected participant may run for

19  a term of office while participating in DROP and, if elected,

20  extend the DROP termination date accordingly, except, however,

21  if such additional term of office exceeds the 60-month

22  limitation established in subparagraph 1., and the officer

23  does not resign from office within such 60-month limitation,

24  the retirement and the participant's DROP shall be null and

25  void as provided in sub-subparagraph (c)5.d.(c)4.d.

26         c.  An elected officer who is dually employed and

27  elects to participate in DROP shall be required to satisfy the

28  definition of termination within the 60-month limitation

29  period as provided in subparagraph 1. for the nonelected

30  position and may continue employment as an elected officer as

31  provided in s. 121.053. The elected officer will be enrolled


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  1  as a renewed member in the Elected State and County Officers'

  2  Class or the Regular Class, as provided in ss. 121.053 and

  3  121.22, on the first day of the month after termination of

  4  employment in the nonelected position and termination of DROP.

  5  Distribution of the DROP benefits shall be made as provided in

  6  paragraph (c).

  7         (d)  Death benefits under the DROP.--

  8         1.  Upon the death of a DROP participant, the named

  9  beneficiary shall be entitled to apply for and receive the

10  accrued benefits in the DROP as provided in sub-subparagraph

11  (c)5.b.(c)4.b.

12         2.  The normal retirement benefit accrued to the DROP

13  during the month of a participant's death shall be the final

14  monthly benefit credited for such DROP participant.

15         3.  Eligibility to participate in the DROP terminates

16  upon death of the participant.  If the participant dies on or

17  after the effective date of enrollment in the DROP, but prior

18  to the first monthly benefit being credited to the DROP,

19  Florida Retirement System benefits shall be paid in accordance

20  with subparagraph (7)(c)1. or subparagraph 2.

21         4.  A DROP participants' survivors shall not be

22  eligible to receive Florida Retirement System death benefits

23  as provided in paragraph (7)(d).

24

25         Reviser's note.--Paragraph (9)(b) is amended to

26         conform to the redesignation of the State

27         Community College System as the Florida

28         Community College System by s. 15, ch. 98-58,

29         Laws of Florida.  Paragraphs (13)(a), (b), and

30         (d) are amended to conform to the redesignation

31


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  1         of subunits of s. 121.091 by s. 1, ch. 98-18,

  2         Laws of Florida.

  3

  4         Section 55.  Section 121.125, Florida Statutes, is

  5  amended to read:

  6         121.125  Credit for workers' compensation payment

  7  periods.--A member of the retirement system created by this

  8  chapter who has been eligible or becomes eligible to receive

  9  workers' compensation payments for an injury or illness

10  occurring during his or her employment while a member of any

11  state retirement system shall, upon return to active

12  employment with a covered employer for 1 calendar month or

13  upon approval for disability retirement in accordance with s.

14  121.091(4), receive full retirement credit for the period

15  prior to such return to active employment or disability

16  retirement for which the workers' compensation payments were

17  received.  However, no member may receive retirement credit

18  for any such period occurring after the earlier of the date

19  maximum medical improvement has been attained as defined in s.

20  440.02(9) 440.02(8) or the date termination has occurred as

21  defined in s. 121.021(39). The employer of record at the time

22  of the worker's compensation injury or illness shall make the

23  required retirement contributions based on the member's rate

24  of monthly compensation immediately prior to his or her

25  receiving workers' compensation payments for retirement credit

26  received by the member.

27

28         Reviser's note.--Amended to conform to the

29         redesignation of subunits of s. 440.02 by s. 1,

30         ch. 98-174, Laws of Florida.

31


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  1         Section 56.  Paragraph (b) of subsection (13) of

  2  section 121.40, Florida Statutes, 1998 Supplement, is amended

  3  to read:

  4         121.40  Cooperative extension personnel at the

  5  Institute of Food and Agricultural Sciences; supplemental

  6  retirement benefits.--

  7         (13)  INVESTMENT OF THE TRUST FUND.--

  8         (b)  Costs incurred in carrying out the provisions of

  9  this section part shall be deducted from the interest earnings

10  accruing to the trust fund.

11

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

13         facilitate correct interpretation. Chapter 121

14         is not divided into parts.

15

16         Section 57.  Subsection (7) of section 122.03, Florida

17  Statutes, is amended to read:

18         122.03  Contributions; participants; prior service

19  credit.--

20         (7)  A member of the retirement system created by this

21  chapter who has been eligible or becomes eligible to receive

22  workers' compensation payments for an injury or illness

23  occurring during his or her employment while a member of any

24  state retirement system shall, upon his or her return to

25  active employment with a covered employer for 1 calendar month

26  or upon his or her approval for disability retirement in

27  accordance with s. 122.09, receive full retirement credit for

28  the period prior to such return to active employment or

29  disability retirement for which the workers' compensation

30  payments were received.  However, no member may receive

31  retirement credit for any such period occurring after the


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  1  earlier of the date maximum medical improvement has been

  2  attained as defined in s. 440.02(9) 440.02(8) or the date

  3  termination has occurred as defined in s. 121.021(39). The

  4  employer of record at the time of the worker's compensation

  5  injury or illness shall make the required employee and

  6  employer retirement contributions based on the member's rate

  7  of monthly compensation immediately prior to receipt of

  8  workers' compensation payments.

  9

10         Reviser's note.--Amended to conform to the

11         redesignation of subunits of s. 440.02 by s. 1,

12         ch. 98-174, Laws of Florida.

13

14         Section 58.  Paragraph (d) of subsection (5) of section

15  125.0104, Florida Statutes, 1998 Supplement, is amended to

16  read:

17         125.0104  Tourist development tax; procedure for

18  levying; authorized uses; referendum; enforcement.--

19         (5)  AUTHORIZED USES OF REVENUE.--

20         (d)  Any use of the local option tourist development

21  tax revenues collected pursuant to this section for a purpose

22  not expressly authorized by paragraph (3)(l) or paragraph

23  (3)(n)(3)(o) or paragraph (a), paragraph (b), or paragraph (c)

24  of this subsection is expressly prohibited.

25

26         Reviser's note.--Amended to conform to the

27         redesignation of subunits of s. 125.0104(3) by

28         s. 46, ch. 96-397, Laws of Florida.

29

30         Section 59.  Paragraph (e) of subsection (2) of section

31  154.503, Florida Statutes, is amended to read:


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  1         154.503  Primary Care for Children and Families

  2  Challenge Grant Program; creation; administration.--

  3         (2)  The department shall:

  4         (e)  Coordinate with the primary care program developed

  5  pursuant to s. 154.011, the Florida Healthy Kids Corporation

  6  program created in s. 624.91, the school health services

  7  program created in ss. 381.0056 402.32 and 381.0057 402.321,

  8  the Healthy Communities, Healthy People Program created in s.

  9  381.734 408.604, and the volunteer health care provider

10  program developed pursuant to s. 766.1115.

11

12         Reviser's note.--Amended to conform to the

13         transfer of s. 402.32 to s. 381.0056 by s. 48,

14         ch. 97-237, Laws of Florida; the transfer of s.

15         402.321 to s. 381.0057 by s. 49, ch. 97-237;

16         and the transfer of s. 408.604 to s. 381.734 by

17         s. 2, ch. 98-224, Laws of Florida.

18

19         Section 60.  Section 161.36, Florida Statutes, is

20  amended to read:

21         161.36  General powers of authority.--In order to most

22  effectively carry out the purposes of this part, the board of

23  county commissioners, as the county beach and shore

24  preservation authority and as the governing body of each beach

25  and shore preservation district established thereby, shall be

26  possessed of broad powers to do all manner of things necessary

27  or desirable in pursuance of this end; provided, however,

28  nothing herein shall diminish or impair the regulatory

29  authority of the department or Division of Marine Resources

30  under s. 370.02(2), or part I of this chapter, or the Board of

31  Trustees of the Internal Improvement Trust Fund under chapter


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  1  253. Such powers shall specifically include, but not be

  2  limited to, the following:

  3         (1)  To make contracts and enter into agreements;

  4         (2)  To sue and be sued;

  5         (3)  To acquire and hold lands and property by any

  6  lawful means;

  7         (4)  To exercise the power of eminent domain;

  8         (5)  To enter upon private property for purposes of

  9  making surveys, soundings, drillings and examinations, and

10  such entry shall not be deemed a trespass;

11         (6)  To construct, acquire, operate and maintain works

12  and facilities;

13         (7)  To make rules and regulations; and

14         (8)  To do any and all other things specified or

15  implied in this part.

16

17         Reviser's note.--Amended to conform to the

18         repeal of s. 370.02 by s. 4, ch. 94-356, Laws

19         of Florida.

20

21         Section 61.  Paragraph (h) of subsection (3) of section

22  163.01, Florida Statutes, is amended to read:

23         163.01  Florida Interlocal Cooperation Act of 1969.--

24         (3)  As used in this section:

25         (h)  "Local government liability pool" means a

26  reciprocal insurer as defined in s. 629.021 or limited

27  reciprocal insurer as defined in s. 629.50 or any

28  self-insurance program created pursuant to s. 768.28(15)

29  768.28(14), formed and controlled by counties or

30  municipalities of this state to provide liability insurance

31  coverage for counties, municipalities, or other public


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  1  agencies of this state, which pool may contract with other

  2  parties for the purpose of providing claims administration,

  3  processing, accounting, and other administrative facilities.

  4

  5         Reviser's note.--Amended to conform to the

  6         repeal of s. 629.50 by s. 4, ch. 93-259, Laws

  7         of Florida, and the redesignation of subunits

  8         of s. 768.28 by s. 70, ch. 94-209, Laws of

  9         Florida.

10

11         Section 62.  Paragraph (c) of subsection (1) of section

12  163.03, Florida Statutes, is amended to read:

13         163.03  Secretary of Community Affairs; powers and

14  duties; function of Department of Community Affairs with

15  respect to federal grant-in-aid programs.--

16         (1)  The Secretary of Community Affairs shall:

17         (c)  Under the direction of the Governor, administer

18  programs to apply rapidly all available aid to communities

19  stricken by an emergency as defined in s. 252.34(3) 252.34(2)

20  and, for this purpose, provide liaison with federal agencies

21  and other public and private agencies.

22

23         Reviser's note.--Amended to conform to the

24         redesignation of subunits of s. 252.34 by s.

25         10, ch. 93-211, Laws of Florida.

26

27         Section 63.  Subsection (10) of section 163.360,

28  Florida Statutes, 1998 Supplement, is amended to read:

29         163.360  Community redevelopment plans.--

30         (10)  Notwithstanding any other provisions of this

31  part, when the governing body certifies that an area is in


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  1  need of redevelopment or rehabilitation as a result of an

  2  emergency under s. 252.34(3) 252.34(2), with respect to which

  3  the Governor has certified the need for emergency assistance

  4  under federal law, that area may be certified as a "blighted

  5  area," and the governing body may approve a community

  6  redevelopment plan and community redevelopment with respect to

  7  such area without regard to the provisions of this section

  8  requiring a general plan for the county or municipality and a

  9  public hearing on the community redevelopment.

10

11         Reviser's note.--Amended to conform to the

12         redesignation of subunits of s. 252.34 by s.

13         10, ch. 93-211, Laws of Florida.

14

15         Section 64.  Paragraph (b) of subsection (8) of section

16  166.231, Florida Statutes, 1998 Supplement, is amended to

17  read:

18         166.231  Municipalities; public service tax.--

19         (8)

20         (b)  If an area that is nominated as an enterprise zone

21  pursuant to s. 290.0055 has not yet been designated pursuant

22  to s. 290.0065, a municipality may enact an ordinance for such

23  exemption; however, the ordinance shall not be effective until

24  such area is designated pursuant to s. 290.0065.

25

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

27         facilitate correct interpretation.

28

29         Section 65.  Section 175.021, Florida Statutes, is

30  amended to read:

31


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  1         175.021  Legislative declaration.--It is hereby

  2  declared by the Legislature that firefighters, as hereinafter

  3  defined, perform state and municipal functions; that it is

  4  their duty to extinguish fires, to protect life, and to

  5  protect property at their own risk and peril; that it is their

  6  duty to prevent conflagration and to continuously instruct

  7  school personnel, public officials, and private citizens in

  8  the prevention of fires and firesafety; that they protect both

  9  life and property from local emergencies as defined in s.

10  252.34(3) 252.34(2); and that their activities are vital to

11  the public safety.  It is further declared that firefighters

12  employed by special fire control districts serve under the

13  same circumstances and perform the same duties as firefighters

14  employed by municipalities and should therefore be entitled to

15  the benefits available under this chapter.  Therefore, the

16  Legislature declares that it is a proper and legitimate state

17  purpose to provide a uniform retirement system for the benefit

18  of firefighters as hereinafter defined and intends, in

19  implementing the provisions of s. 14, Art. X of the State

20  Constitution as they relate to municipal and special district

21  firefighters' pension trust fund systems and plans, that such

22  retirement systems or plans be managed, administered,

23  operated, and funded in such manner as to maximize the

24  protection of the firefighters' pension trust funds.  This

25  chapter hereby establishes minimum standards for the operation

26  and funding of municipal and special district firefighters'

27  pension trust fund systems and plans, hereinafter referred to

28  as firefighters' pension trust funds.

29

30

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  1         Reviser's note.--Amended to conform to the

  2         redesignation of subunits of s. 252.34 by s.

  3         10, ch. 93-211, Laws of Florida.

  4

  5         Section 66.  Paragraph (b) of subsection (7) of section

  6  175.071, Florida Statutes, 1998 Supplement, is amended to

  7  read:

  8         175.071  General powers and duties of board of

  9  trustees.--For any municipality, special fire control

10  district, chapter plan, local law municipality, local law

11  special fire control district, or local law plan under this

12  chapter:

13         (7)  To assist the board in meeting its

14  responsibilities under this chapter, the board, if it so

15  elects, may:

16         (b)  Employ an independent actuary, as defined in s.

17  175.032(4) 175.032(6), at the pension fund's expense.

18

19  If the board chooses to use the municipality's or special

20  district's legal counsel or actuary, or chooses to use any of

21  the municipality's or special district's other professional,

22  technical, or other advisers, it must do so only under terms

23  and conditions acceptable to the board.

24

25         Reviser's note.--Amended to conform to the

26         redesignation of subunits of s. 175.032 by s.

27         13, ch. 93-193, Laws of Florida.

28

29         Section 67.  Paragraph (b) of subsection (6) of section

30  185.06, Florida Statutes, 1998 Supplement, is amended to read:

31


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  1         185.06  General powers and duties of board of

  2  trustees.--For any municipality, chapter plan, local law

  3  municipality, or local law plan under this chapter:

  4         (6)  To assist the board in meeting its

  5  responsibilities under this chapter, the board, if it so

  6  elects, may:

  7         (b)  Employ an independent actuary, as defined in s.

  8  185.02(5) 185.02(7), at the pension fund's expense.

  9

10  If the board chooses to use the municipality's or special

11  district's legal counsel or actuary, or chooses to use any of

12  the municipality's other professional, technical, or other

13  advisers, it must do so only under terms and conditions

14  acceptable to the board.

15

16         Reviser's note.--Amended to conform to the

17         redesignation of subunits of s. 185.02 by s.

18         40, ch. 93-193, Laws of Florida.

19

20         Section 68.  Section 186.001, Florida Statutes, is

21  amended to read:

22         186.001  Short title.--Sections 186.001-186.031,

23  186.801-186.901 186-801-186.911 shall be known and may be

24  cited as the "Florida State Comprehensive Planning Act of

25  1972."

26

27         Reviser's note.--Amended to conform to the

28         repeal of s. 186.911 by s. 1, ch. 95-145, Laws

29         of Florida.

30

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  1         Section 69.  Section 186.003, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         186.003  Definitions.--As used in ss. 186.001-186.031

  4  and 186.801-186.901 186-801-186.911, the term:

  5         (1)  "Executive Office of the Governor" means the

  6  Office of Planning and Budgeting of the Executive Office of

  7  the Governor.

  8         (2)  "Goal" means the long-term end toward which

  9  programs and activities are ultimately directed.

10         (3)  "Objective" means a specific, measurable,

11  intermediate end that is achievable and marks progress toward

12  a goal.

13         (4)  "Policy" means the way in which programs and

14  activities are conducted to achieve an identified goal.

15         (5)  "Regional planning agency" means the regional

16  planning council created pursuant to ss. 186.501-186.515 to

17  exercise responsibilities under ss. 186.001-186.031 and

18  186.801-186.901 186-801-186.911 in a particular region of the

19  state.

20         (6)  "State agency" means each executive department,

21  the Game and Fresh Water Fish Commission, the Parole

22  Commission, and the Department of Military Affairs.

23         (7)  "State agency strategic plan" means the statement

24  of priority directions that an agency will take to carry out

25  its mission within the context of the state comprehensive plan

26  and within the context of any other statutory mandates and

27  authorizations given to the agency, pursuant to ss.

28  186.021-186.022.

29         (8)  "State comprehensive plan" means the state

30  planning document required in s. 19, Art. III of the State

31  Constitution and published as ss. 187.101 and 187.201.


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  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 186.911 by s. 1, ch. 95-145, Laws

  3         of Florida.

  4

  5         Section 70.  Section 186.006, Florida Statutes, is

  6  amended to read:

  7         186.006  Powers and responsibilities of Executive

  8  Office of the Governor.--For the purpose of establishing

  9  consistency and uniformity in the state and regional planning

10  process and in order to ensure that the intent of ss.

11  186.001-186.031 and 186.801-186.901 186-801-186.911 is

12  accomplished, the Executive Office of the Governor shall:

13         (1)  Identify and monitor on a continuing basis

14  statewide conditions and trends which impact the state.

15         (2)  Prepare, and update or revise regularly, the state

16  comprehensive plan.

17         (3)  Designate the geographic boundaries of

18  comprehensive planning districts.

19         (4)  Designate, and prepare or direct to be prepared,

20  specific data, assumptions, forecasts, and projections for use

21  by each state or regional agency in the preparation of plans.

22         (5)  Coordinate planning among federal, state,

23  regional, and local levels of government and between this

24  state and other states.

25         (6)  Prepare or direct appropriate state or regional

26  agencies to prepare such studies, reports, data collections,

27  or analyses as are necessary or useful in the preparation or

28  revision of the state comprehensive plan, state agency

29  functional plans, or strategic regional policy plans.

30

31


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  1         (7)  Act as the state clearinghouse and designate the

  2  regional planning councils as the regional data

  3  clearinghouses.

  4         (8)  Direct state agencies and regional agencies to

  5  prepare and implement, consistent with their authority and

  6  responsibilities under law, such plans as are necessary to

  7  further the purposes and intent of the state comprehensive

  8  plan.

  9         (9)  Provide such data and information to public and

10  private agencies and to the public as it may have available.

11         (10)  Using federal, state, local, or private funds,

12  contract with public agencies or private firms or consultants

13  for specialized services or research facilities, whenever such

14  services or facilities are not otherwise available to it.

15         (11)  Perform such other functions as are necessary to

16  carry out the intent of ss. 186.001-186.031 and

17  186.801-186.901 186-801-186.911.

18

19         Reviser's note.--Amended to conform to the

20         repeal of s. 186.911 by s. 1, ch. 95-145, Laws

21         of Florida.

22

23         Section 71.  Subsection (11) of section 186.505,

24  Florida Statutes, is amended to read:

25         186.505  Regional planning councils; powers and

26  duties.--Any regional planning council created hereunder shall

27  have the following powers:

28         (11)  To cooperate, in the exercise of its planning

29  functions, with federal and state agencies in planning for

30  emergency management under s. 252.34(4) 252.34(3).

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  1         Reviser's note.--Amended to conform to the

  2         redesignation of subunits of s. 252.34 by s.

  3         10, ch. 93-211, Laws of Florida.

  4

  5         Section 72.  Subsection (1) of section 197.222, Florida

  6  Statutes, is reenacted to read:

  7         197.222  Prepayment of estimated tax by installment

  8  method.--

  9         (1)  Taxes collected pursuant to this chapter may be

10  prepaid in installments as provided in this section.  A

11  taxpayer may elect to prepay by installments for each tax

12  notice with taxes estimated to be more than $100.  A taxpayer

13  who elects to prepay taxes shall make payments based upon an

14  estimated tax equal to the actual taxes levied upon the

15  subject property in the prior year.  Such taxpayer shall

16  complete and file an application for each tax notice to prepay

17  such taxes by installment with the tax collector prior to May

18  1 of the year in which the taxpayer elects to prepay taxes in

19  installments pursuant to this section.  The application shall

20  be made on forms supplied by the department and provided to

21  the taxpayer by the tax collector. After submission of an

22  initial application, a taxpayer shall not be required to

23  submit additional annual applications as long as he or she

24  continues to elect to prepay taxes in installments pursuant to

25  this section.  However, if in any year the taxpayer does not

26  so elect, reapplication shall be required for a subsequent

27  election to do so. Installment payments shall be made

28  according to the following schedule:

29         (a)  The first payment of one-quarter of the total

30  amount of estimated taxes due shall be made not later than

31  June 30 of the year in which the taxes are assessed.  A


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  1  6-percent discount applied against the amount of the

  2  installment shall be granted for such payment. The tax

  3  collector may accept a late payment of the first installment

  4  under this paragraph within 30 days after June 30; such late

  5  payment must be accompanied by a penalty of 5 percent of the

  6  amount of the installment due.

  7         (b)  The second payment of one-quarter of the total

  8  amount of estimated taxes due shall be made not later than

  9  September 30 of the year in which the taxes are assessed.  A

10  4.5-percent discount applied against the amount of the

11  installment shall be granted for such payment.

12         (c)  The third payment of one-quarter of the total

13  amount of estimated taxes due, plus one-half of any adjustment

14  made pursuant to a determination of actual tax liability,

15  shall be made not later than December 31 of the year in which

16  taxes are assessed. A 3-percent discount applied against the

17  amount of the installment shall be granted for such payment.

18         (d)  The fourth payment of one-quarter of the total

19  amount of estimated taxes due, plus one-half of any adjustment

20  made pursuant to a determination of actual tax liability,

21  shall be made not later than March 31 following the year in

22  which taxes are assessed.  No discount shall be granted for

23  such payment.

24         (e)  For purposes of this section, when an installment

25  due date falls on a Saturday, Sunday, or legal holiday, the

26  due date for the installment shall be the next working day, if

27  the installment payment is delivered to a designated

28  collection office of the tax collector.  Taxpayers making such

29  payment shall be entitled to the applicable discount rate

30  authorized in this section.

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  1         Reviser's note.--Section 1, ch. 97-17, Laws of

  2         Florida, purported to amend s. 197.222(1)(a) as

  3         that paragraph was amended by s. 2, ch. 96-288,

  4         Laws of Florida, but it failed to incorporate

  5         the amendment by ch. 96-288 to the introduction

  6         to subsection (1). In the absence of

  7         affirmative evidence of legislative intent to

  8         repeal the amendment by s. 2, ch. 96-288,

  9         subsection (1) is reenacted to confirm that the

10         omission was not intended.

11

12         Section 73.  Paragraph (h) of subsection (9) of section

13  199.023, Florida Statutes, 1998 Supplement, is amended to

14  read:

15         199.023  Definitions.--As used in this chapter:

16         (9)  "Banking organization" means:

17         (h)  A Florida export finance corporation organized and

18  existing pursuant to the provisions of part V VI of chapter

19  288.

20

21         Reviser's note.--Amended to conform to the

22         redesignation of parts in chapter 288

23         necessitated by the repeal of former part IV by

24         s. 2, ch. 93-205, Laws of Florida.

25

26         Section 74.  Subsection (4) of section 206.59, Florida

27  Statutes, is reenacted to read:

28         206.59  Department to make rules; powers.--

29         (4)  The department may assess and collect any tax,

30  penalty, or interest against any person who purchases,

31


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  1  receives, or disposes of motor fuel in violation of any

  2  provision of this part.

  3

  4         Reviser's note.--Section 13, ch. 96-323, Laws

  5         of Florida, purported to amend s. 206.59, as

  6         amended by ch. 95-417, Laws of Florida, but did

  7         not set out in full the amended section to

  8         include subsection (4). In the absence of

  9         affirmative evidence that the Legislature

10         intended to repeal the omitted material,

11         subsection (4) is reenacted to confirm that the

12         omission was not intended.

13

14         Section 75.  Section 206.97, Florida Statutes, is

15  amended to read:

16         206.97  Applicability of specified sections of part

17  I.--The provisions of ss. 206.01, 206.02, 206.026, 206.027,

18  206.028, 206.04, 206.051, 206.052, 206.054, 206.055, 206.07,

19  206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12,

20  206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18,

21  206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22,

22  206.23, 206.24, 206.25, 206.27, 206.28, 206.41, 206.415,

23  206.416, 206.43, 206.435, 206.44, 206.48, 206.49, 206.56,

24  206.59, 206.606, 206.608, 206.61, and 206.62 of part I of this

25  chapter shall, as far as lawful or practicable, be applicable

26  to the tax herein levied and imposed and to the collection

27  thereof as if fully set out in this part. However, no

28  provision of any such section shall apply if it conflicts with

29  any provision of this part.

30

31


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  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 206.415 by s. 12, ch. 83-3, Laws

  3         of Florida.

  4

  5         Section 76.  Subsection (3) of section 206.9915,

  6  Florida Statutes, is amended to read:

  7         206.9915  Legislative intent and general provisions.--

  8         (3)  The provisions of ss. 206.01, 206.02, 206.026,

  9  206.027, 206.028, 206.051, 206.052, 206.054, 206.055, 206.06,

10  206.07, 206.075, 206.08, 206.09, 206.095, 206.10, 206.11,

11  206.12, 206.13, 206.14, 206.15, 206.16, 206.17, 206.175,

12  206.18, 206.199, 206.20, 206.204, 206.205, 206.21, 206.215,

13  206.22, 206.24, 206.27, 206.28, 206.416, 206.42, 206.425,

14  206.44, 206.48, 206.49, 206.56, 206.59, 206.86, 206.87,

15  206.872, 206.873, 206.8735, 206.874, 206.8741, 206.8745,

16  206.94, 206.945, and 206.9815 shall, as far as lawful or

17  practicable, be applicable to the levy and collection of taxes

18  imposed pursuant to this part as if fully set out in this part

19  and made expressly applicable to the taxes imposed herein.

20

21         Reviser's note.--Amended to conform to the

22         repeal of s. 206.425 by s. 3, ch. 97-94, Laws

23         of Florida.

24

25         Section 77.  Paragraph (e) of subsection (1) of section

26  212.06, Florida Statutes, 1998 Supplement, is amended to read:

27         212.06  Sales, storage, use tax; collectible from

28  dealers; "dealer" defined; dealers to collect from purchasers;

29  legislative intent as to scope of tax.--

30         (1)

31


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  1         (e)1.  Notwithstanding any other provision of this

  2  chapter, tax shall not be imposed on any vessel registered

  3  pursuant to s. 327.13 327.11 by a vessel dealer or vessel

  4  manufacturer with respect to a vessel used solely for

  5  demonstration, sales promotional, or testing purposes.  The

  6  term "promotional purposes" shall include, but not be limited

  7  to, participation in fishing tournaments.  For the purposes of

  8  this paragraph, "promotional purposes" means the entry of the

  9  vessel in a marine-related event where prospective purchasers

10  would be in attendance, where the vessel is entered in the

11  name of the dealer or manufacturer, and where the vessel is

12  clearly marked as for sale, on which vessel the name of the

13  dealer or manufacturer is clearly displayed, and which vessel

14  has never been transferred into the dealer's or manufacturer's

15  accounting books from an inventory item to a capital asset for

16  depreciation purposes.

17         2.  The provisions of this paragraph do not apply to

18  any vessel when used for transporting persons or goods for

19  compensation; when offered, let, or rented to another for

20  consideration; when offered for rent or hire as a means of

21  transportation for compensation; or when offered or used to

22  provide transportation for persons solicited through personal

23  contact or through advertisement on a "share expense" basis.

24

25         Reviser's note.--Amended to conform to the

26         correct location of the referenced material.

27

28         Section 78.  Subsection (6), paragraphs (v) and (oo) of

29  subsection (7), subsection (13), and paragraph (f) of

30  subsection (15) of section 212.08, Florida Statutes, 1998

31  Supplement, are amended to read:


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  1         212.08  Sales, rental, use, consumption, distribution,

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

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

  4  the storage to be used or consumed in this state of the

  5  following are hereby specifically exempt from the tax imposed

  6  by this chapter.

  7         (6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are

  8  also exempt from the tax imposed by this chapter sales made to

  9  the United States Government, a state, or any county,

10  municipality, or political subdivision of a state when payment

11  is made directly to the dealer by the governmental entity.

12  This exemption shall not inure to any transaction otherwise

13  taxable under this chapter when payment is made by a

14  government employee by any means, including, but not limited

15  to, cash, check, or credit card when that employee is

16  subsequently reimbursed by the governmental entity. This

17  exemption does not include sales of tangible personal property

18  made to contractors employed either directly or as agents of

19  any such government or political subdivision thereof when such

20  tangible personal property goes into or becomes a part of

21  public works owned by such government or political

22  subdivision. A determination whether a particular transaction

23  is properly characterized as an exempt sale to a government

24  entity or a taxable sale to a contractor shall be based on the

25  substance of the transaction rather than the form in which the

26  transaction is cast. The department shall adopt rules that

27  give special consideration to factors that govern the status

28  of the tangible personal property before its affixation to

29  real property. In developing these rules, assumption of the

30  risk of damage or loss is of paramount consideration in the

31  determination. This exemption does not include sales, rental,


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  1  use, consumption, or storage for use in any political

  2  subdivision or municipality in this state of machines and

  3  equipment and parts and accessories therefor used in the

  4  generation, transmission, or distribution of electrical energy

  5  by systems owned and operated by a political subdivision in

  6  this state for transmission or distribution expansion.

  7  Likewise exempt are charges for services rendered by radio and

  8  television stations, including line charges, talent fees, or

  9  license fees and charges for films, videotapes, and

10  transcriptions used in producing radio or television

11  broadcasts. The exemption provided in this subsection does not

12  include sales, rental, use, consumption, or storage for use in

13  any political subdivision or municipality in this state of

14  machines and equipment and parts and accessories therefor used

15  in providing two-way telecommunications services to the public

16  for hire by the use of a telecommunications facility, as

17  defined in s. 364.02(13), and for which a certificate is

18  required under chapter 364, which facility is owned and

19  operated by any county, municipality, or other political

20  subdivision of the state.  Any immunity of any political

21  subdivision of the state or other entity of local government

22  from taxation of the property used to provide

23  telecommunication services that is taxed as a result of this

24  section is hereby waived.  However, the exemption provided in

25  this subsection includes transactions taxable under this

26  chapter part which are for use by the operator of a public-use

27  airport, as defined in s. 332.004 322.004, in providing such

28  telecommunications services for the airport or its tenants,

29  concessionaires, or licensees, or which are for use by a

30  public hospital for the provision of such telecommunications

31  services.


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  1         (7)  MISCELLANEOUS EXEMPTIONS.--

  2         (v)  Professional services.--

  3         1.  Also exempted are professional, insurance, or

  4  personal service transactions that involve sales as

  5  inconsequential elements for which no separate charges are

  6  made.

  7         2.  The personal service transactions exempted pursuant

  8  to subparagraph 1. do not exempt the sale of information

  9  services involving the furnishing of printed, mimeographed, or

10  multigraphed matter, or matter duplicating written or printed

11  matter in any other manner, other than professional services

12  and services of employees, agents, or other persons acting in

13  a representative or fiduciary capacity or information services

14  furnished to newspapers and radio and television stations.  As

15  used in this subparagraph, the term "information services"

16  includes the services of collecting, compiling, or analyzing

17  information of any kind or nature and furnishing reports

18  thereof to other persons.

19         3.  This exemption does not apply to any service

20  warranty transaction taxable under s. 212.0506.

21         4.  This exemption does not apply to any service

22  transaction taxable under s. 212.05(1)(j) 212.05(1)(k).

23         (oo)  Complimentary meals.--Also exempt from the tax

24  imposed by this chapter part are food or drinks that are

25  furnished as part of a packaged room rate by any person

26  offering for rent or lease any transient living accommodations

27  as described in s. 509.013(4)(a) which are licensed under part

28  I of chapter 509 and which are subject to the tax under s.

29  212.03, if a separate charge or specific amount for the food

30  or drinks is not shown. Such food or drinks are considered to

31  be sold at retail as part of the total charge for the


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  1  transient living accommodations. Moreover, the person offering

  2  the accommodations is not considered to be the consumer of

  3  items purchased in furnishing such food or drinks and may

  4  purchase those items under conditions of a sale for resale.

  5

  6  Exemptions provided to any entity by this subsection shall not

  7  inure to any transaction otherwise taxable under this chapter

  8  when payment is made by a representative or employee of such

  9  entity by any means, including, but not limited to, cash,

10  check, or credit card even when that representative or

11  employee is subsequently reimbursed by such entity.

12         (13)  No transactions shall be exempt from the tax

13  imposed by this chapter except those expressly exempted

14  herein. All laws granting tax exemptions, to the extent they

15  may be inconsistent or in conflict with this chapter,

16  including, but not limited to, the following designated laws,

17  shall yield to and be superseded by the provisions of this

18  subsection:  ss. 125.019, 153.76, 154.2331, 159.15, 159.31,

19  159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 258.14,

20  315.11, 348.65, 348.762, 349.13, 374.132, 403.1834, 616.07,

21  and 623.09, 637.131, and 637.291 and the following Laws of

22  Florida, acts of the year indicated:  s. 31, chapter 30843,

23  1955; s. 19, chapter 30845, 1955; s. 12, chapter 30927, 1955;

24  s. 8, chapter 31179, 1955; s. 15, chapter 31263, 1955; s. 13,

25  chapter 31343, 1955; s. 16, chapter 59-1653; s. 13, chapter

26  59-1356; s. 12, chapter 61-2261; s. 19, chapter 61-2754; s.

27  10, chapter 61-2686; s. 11, chapter 63-1643; s. 11, chapter

28  65-1274; s. 16, chapter 67-1446; and s. 10, chapter 67-1681.

29         (15)  ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.--

30

31


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  1         (f)  For the purpose of the exemption provided in this

  2  subsection, the term "qualified business" means a business

  3  which is:

  4         1.  First occupying a new structure to which electrical

  5  service, other than that used for construction purposes, has

  6  not been previously provided or furnished;

  7         2.  Newly occupying an existing, remodeled, renovated,

  8  or rehabilitated structure to which electrical service, other

  9  than that used for remodeling, renovation, or rehabilitation

10  of the structure, has not been provided or furnished in the

11  three preceding billing periods; or

12         3.  Occupying a new, remodeled, rebuilt, renovated, or

13  rehabilitated structure for which a refund has been granted

14  pursuant to paragraph (5)(g)(5)(h).

15

16         Reviser's note.--Subsection (6) and paragraph

17         (7)(oo) are amended to conform to the repeal of

18         part II of chapter 212 by s. 115, ch. 95-417,

19         Laws of Florida, ratified by s. 4, ch. 97-94,

20         Laws of Florida.  Subsection (6) is also

21         amended to reference the correct location of

22         the definition of public-use airport. Paragraph

23         (7)(v) is amended to conform to the

24         redesignation of paragraphs of s. 212.05(1) as

25         a result of the repeal of former paragraph

26         (1)(g) by s. 20, ch. 97-94. Subsection (13) is

27         amended to conform to the repeal of s. 374.132

28         by s. 1, ch. 93-265, Laws of Florida, and the

29         repeal of ss. 637.131 and 637.291 by s. 57, ch.

30         93-148, Laws of Florida. Paragraph (15)(f) is

31         amended to conform to the repeal of former s.


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  1         212.08(5)(e) by s. 10, ch. 92-173, Laws of

  2         Florida.

  3

  4         Section 79.  Paragraph (c) of subsection (2) of section

  5  212.12, Florida Statutes, 1998 Supplement, is amended to read:

  6         212.12  Dealer's credit for collecting tax; penalties

  7  for noncompliance; powers of Department of Revenue in dealing

  8  with delinquents; brackets applicable to taxable transactions;

  9  records required.--

10         (2)

11         (c)  Dealers filing a consolidated return pursuant to

12  s. 212.11(1)(e) 212.11(1)(d) shall be subject to the penalty

13  established in paragraph (b) unless the dealer has paid the

14  required estimated tax for his or her consolidated return as a

15  whole without regard to each location.  If the dealer fails to

16  pay the required estimated tax for his or her consolidated

17  return as a whole, each filing location shall stand on its own

18  with respect to calculating penalties pursuant to paragraph

19  (b).

20

21         Reviser's note.--Amended to conform to the

22         redesignation of subunits of s. 212.11(1) by s.

23         11, ch. 94-353, Laws of Florida.

24

25         Section 80.  Paragraph (e) of subsection (6) of section

26  212.20, Florida Statutes, 1998 Supplement, is amended to read:

27         212.20  Funds collected, disposition; additional powers

28  of department; operational expense; refund of taxes

29  adjudicated unconstitutionally collected.--

30         (6)  Distribution of all proceeds under this chapter

31  shall be as follows:


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  1         (e)  Proceeds from the fees imposed under ss.

  2  212.05(1)(i)3. 212.05(1)(j)3. and 212.18(3) shall remain with

  3  the General Revenue Fund.

  4

  5         Reviser's note.--Amended to conform to the

  6         redesignation of paragraphs of s. 212.05(1) as

  7         a result of the repeal of former paragraph

  8         (1)(g) by s. 20, ch. 97-94, Laws of Florida.

  9

10         Section 81.  Section 213.05, Florida Statutes, is

11  amended to read:

12         213.05  Department of Revenue; control and

13  administration of revenue laws.--The Department of Revenue

14  shall have only those responsibilities for ad valorem taxation

15  specified to the department in chapter 192, taxation, general

16  provisions; chapter 193, assessments; chapter 194,

17  administrative and judicial review of property taxes; chapter

18  195, property assessment administration and finance; chapter

19  196, exemption; chapter 197, tax collections, sales, and

20  liens; chapter 199, intangible personal property taxes; and

21  chapter 200, determination of millage. The Department of

22  Revenue shall have the responsibility of regulating,

23  controlling, and administering all revenue laws and performing

24  all duties as provided in s. 125.0104, the Local Option

25  Tourist Development Act; s. 125.0108, tourist impact tax;

26  chapter 198, estate taxes; chapter 201, excise tax on

27  documents; chapter 203, gross receipts taxes; chapter 206,

28  motor and other fuel taxes; chapter 211, tax on production of

29  oil and gas and severance of solid minerals; chapter 212, tax

30  on sales, use, and other transactions; chapter 220, income tax

31  code; chapter 221, emergency excise tax; ss. 336.021 and


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  1  336.025, taxes on motor fuel and special fuel; s. 370.07(3),

  2  Apalachicola Bay oyster surcharge; s. 376.11, pollutant spill

  3  prevention and control; s. 403.718, waste tire fees; s.

  4  403.7185, lead-acid battery fees; s. 403.7195, waste newsprint

  5  disposal fees; s. 403.7197, advance disposal fees; s. 538.09,

  6  registration of secondhand dealers; s. 538.25, registration of

  7  secondary metals recyclers; s. 624.4621 440.57, group

  8  self-insurer's fund premium tax; s. 624.5091, retaliatory tax;

  9  s. 624.475, commercial self-insurance fund premium tax; ss.

10  624.509-624.511, insurance code: administration and general

11  provisions; s. 624.515, State Fire Marshal regulatory

12  assessment; s. 627.357, medical malpractice self-insurance

13  premium tax; s. 629.5011, reciprocal insurers premium tax; and

14  s. 681.117, motor vehicle warranty enforcement.

15

16         Reviser's note.--Amended to conform to the

17         repeal of s. 403.7197 by s. 26, ch. 97-94, Laws

18         of Florida, and the transfer of s. 440.57 to s.

19         624.4621 by s. 79, ch. 93-415, Laws of Florida.

20

21         Section 82.  Paragraph (l) of subsection (7) of section

22  213.053, Florida Statutes, 1998 Supplement, is amended to

23  read:

24         213.053  Confidentiality and information sharing.--

25         (7)  Notwithstanding any other provision of this

26  section, the department may provide:

27         (l)  Payment information relative to chapters 199, 201,

28  212, 220, and 221 to the Office of Tourism, Trade, and

29  Economic Development Department of Commerce in its

30  administration of the tax refund program for qualified defense

31  contractors authorized by s. 288.1045 288.104 and the tax


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  1  refund program for qualified target industry businesses

  2  authorized by s. 288.106.

  3

  4  Disclosure of information under this subsection shall be

  5  pursuant to a written agreement between the executive director

  6  and the agency.  Such agencies, governmental or

  7  nongovernmental, shall be bound by the same requirements of

  8  confidentiality as the Department of Revenue.  Breach of

  9  confidentiality is a misdemeanor of the first degree,

10  punishable as provided by s. 775.082 or s. 775.083.

11

12         Reviser's note.--Amended to conform to the

13         redesignation of references to the Department

14         of Commerce as the Office of Tourism, Trade,

15         and Economic Development for purposes of s.

16         288.106 by s. 44, ch. 96-320, Laws of Florida;

17         the repeal of s. 288.104 by s. 8, ch. 96-348,

18         Laws of Florida; and the enactment of a new

19         statute governing the qualified defense

20         contractor tax refund program, s. 288.1045, by

21         s. 1, ch. 96-348.

22

23         Section 83.  Paragraph (b) of subsection (2) of section

24  215.32, Florida Statutes, 1998 Supplement, is amended to read:

25         215.32  State funds; segregation.--

26         (2)  The source and use of each of these funds shall be

27  as follows:

28         (b)1.  The trust funds shall consist of moneys received

29  by the state which under law or under trust agreement are

30  segregated for a purpose authorized by law.  The state agency

31  or branch of state government receiving or collecting such


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  1  moneys shall be responsible for their proper expenditure as

  2  provided by law.  Upon the request of the state agency or

  3  branch of state government responsible for the administration

  4  of the trust fund, the Comptroller may establish accounts

  5  within the trust fund at a level considered necessary for

  6  proper accountability. Once an account is established within a

  7  trust fund, the Comptroller may authorize payment from that

  8  account only upon determining that there is sufficient cash

  9  and releases at the level of the account.

10         2.  In order to maintain a minimum number of trust

11  funds in the State Treasury, each state agency or the judicial

12  branch may consolidate, if permitted under the terms and

13  conditions of their receipt, the trust funds administered by

14  it; provided, however, the agency or judicial branch employs

15  effectively a uniform system of accounts sufficient to

16  preserve the integrity of such trust funds; and provided,

17  further, that consolidation of trust funds is approved by the

18  Administration Commission or the Chief Justice.

19         3.  All such moneys are hereby appropriated to be

20  expended in accordance with the law or trust agreement under

21  which they were received, subject always to the provisions of

22  chapter 216 relating to the appropriation of funds and to the

23  applicable laws relating to the deposit or expenditure of

24  moneys in the State Treasury.

25         4.a.  Notwithstanding any provision of law restricting

26  the use of trust funds to specific purposes, unappropriated

27  cash balances from selected trust funds may be authorized by

28  the Legislature for transfer to the Budget Stabilization Fund

29  and Working Capital Fund in the General Appropriations Act.

30         b.  This subparagraph does not apply to trust funds

31  required by federal programs or mandates; trust funds


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  1  established for bond covenants, indentures, or resolutions

  2  whose revenues are legally pledged by the state or public body

  3  to meet debt service or other financial requirements of any

  4  debt obligations of the state or any public body; the State

  5  Transportation Trust Fund; the trust fund containing the net

  6  annual proceeds from the Florida Education Lotteries; the

  7  Florida Retirement Trust Fund; trust funds under the

  8  management of the Board of Regents, where such trust funds are

  9  for auxiliary enterprises, self-insurance, and contracts,

10  grants, and donations, as those terms are defined by general

11  law; trust funds that serve as clearing funds or accounts for

12  the Comptroller or state agencies; trust funds that account

13  for assets held by the state in a trustee capacity as an agent

14  or fiduciary for individuals, private organizations, or other

15  governmental units; and other trust funds authorized by the

16  State Constitution.

17

18         Reviser's note.--Amended to conform to the

19         title of the fund as provided in numerous

20         references throughout s. 215.32.

21

22         Section 84.  Subsection (5) of section 215.58, Florida

23  Statutes, is amended to read:

24         215.58  Definitions.--The following words or terms when

25  used in this act shall have the following meanings:

26         (5)  "Division" shall mean the Division of Bond Finance

27  of said department.

28

29         Reviser's note.--Amended to conform to the

30         transfer of the Division of Bond Finance from

31         the Department of General Services to the State


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  1         Board of Administration by s. 2, ch. 92-279,

  2         Laws of Florida.

  3

  4         Section 85.  Paragraph (a) of subsection (3) of section

  5  215.96, Florida Statutes, 1998 Supplement, is amended to read:

  6         215.96  Coordinating council and design and

  7  coordination staff.--

  8         (3)  The coordinating council, assisted by the design

  9  and coordination staff, shall have the following duties,

10  powers, and responsibilities pertaining to the Florida

11  Financial Management Information System:

12         (a)  To conduct such studies and to establish

13  committees, workgroups, and teams to develop recommendations

14  for rules, policies, procedures, principles, and standards to

15  the board as necessary to assist the board in its efforts to

16  design, implement, and perpetuate a financial management

17  information system, including, but not limited to, the

18  establishment of common data codes, the development of

19  integrated financial management policies that address the

20  information and management needs of the functional owner

21  subsystems, and the development of a strategic plan pursuant

22  to the requirements set forth in s. 186.022(9). The

23  coordinating council shall make available a copy of the

24  approved plan in writing or through electronic means to each

25  of the coordinating council members, the fiscal committees of

26  the Legislature, the Joint Legislative Information Technology

27  Resources Committee, and any interested person.

28

29         Reviser's note.--Amended to conform to the

30         repeal of s. 11.39, which created the Joint

31         Legislative Information Technology Resource


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  1         Committee, by s. 5, ch. 98-136, Laws of

  2         Florida.

  3

  4         Section 86.  Section 216.0315, Florida Statutes, is

  5  amended to read:

  6         216.0315  Budgets of state agencies that have

  7  international programs.--Each state agency that has an

  8  international program funded from the budget of that agency

  9  must establish a separate fiscal category for it in the

10  legislative budget request submitted under s. 216.031.  In

11  addition, the agency must transmit a copy of the legislative

12  budget request that contains the separate fiscal category for

13  an international program to the Florida International Affairs

14  Commission.

15

16         Reviser's note.--Amended to conform to the

17         repeal of s. 288.803, which created the Florida

18         International Affairs Commission, by s. 67, ch.

19         96-320, Laws of Florida.

20

21         Section 87.  Paragraph (b) of subsection (9) of section

22  216.136, Florida Statutes, 1998 Supplement, is amended to

23  read:

24         216.136  Consensus estimating conferences; duties and

25  principals.--

26         (9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

27         (b)  Principals.--The Executive Office of the Governor,

28  the Office of Economic and Demographic Research, and

29  professional staff who have forecasting expertise from the

30  Department of Juvenile Justice, the Department of Health and

31  Rehabilitative Services Alcohol, Drug Abuse, and Mental Health


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  1  Program Office, the Department of Law Enforcement, the Senate

  2  Appropriations Committee staff, the House of Representatives

  3  Appropriations Committee staff, or their designees, are the

  4  principals of the Juvenile Justice Estimating Conference. The

  5  responsibility of presiding over sessions of the conference

  6  shall be rotated among the principals. To facilitate policy

  7  and legislative recommendations, the conference may call upon

  8  professional staff of the Juvenile Justice Accountability

  9  Advisory Board and appropriate legislative staff.

10

11         Reviser's note.--Amended to conform to the

12         redesignation of the Juvenile Justice Advisory

13         Board as the Juvenile Justice Accountability

14         Board by s. 12, ch. 98-136, Laws of Florida.

15

16         Section 88.  Paragraph (d) of subsection (2) of section

17  216.181, Florida Statutes, 1998 Supplement, is amended to

18  read:

19         216.181  Approved budgets for operations and fixed

20  capital outlay.--

21         (2)  Amendments to the original approved operating

22  budgets for operational and fixed capital outlay expenditures

23  must comply with the following guidelines in order to be

24  approved by the Governor or Administration Commission as

25  provided in this chapter for the executive branch and the

26  Chief Justice for the judicial branch:

27         (d)  For amendments that involve trust funds, there

28  must be adequate and appropriate revenues available in the

29  trust fund and the amendment must be consistent with the laws

30  authorizing such trust funds and the laws relating to the use

31  of the trust funds. However, a trust fund shall not be


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  1  increased in excess of the original approved budget, except as

  2  provided in subsection (11)(10).

  3

  4         Reviser's note.--Amended to conform to the

  5         redesignation of subunits of s. 216.181 by s.

  6         6, ch. 97-286, Laws of Florida.

  7

  8         Section 89.  Section 216.236, Florida Statutes, is

  9  amended to read:

10         216.236  Innovation Investment Program; funding;

11  recordkeeping and reporting.--The amount of $1 million of any

12  funds appropriated from the General Revenue Fund for the

13  purpose of funding the Innovation Investment Program shall be

14  available on a payback basis. Innovative project proposals

15  funded on a payback basis shall include the requirements of s.

16  216.235(5) and, if applicable, s. 216.235(6), and shall be

17  submitted to the department no later than May 15. The State

18  Innovation Committee or its designee shall review and evaluate

19  such proposal as to its technical feasibility. Funds for the

20  innovative project shall be available to the agency on July 1.

21  Any of such funds which are not awarded by July 1 shall be

22  used for funding innovative projects submitted for funding

23  pursuant to s. 216.237 section 3. Loans made under this

24  section shall be repaid, without interest, from savings

25  realized by the agency as a result of implementing the

26  innovative project by no later than July 30 of the following

27  fiscal year in which the funds were received by the agency.

28  Any agency awarded funds pursuant to this section shall

29  maintain detailed accounting records showing all expenses,

30  loan transfers, savings, or other financial actions concerning

31  the project. Any savings realized as a result of implementing


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  1  the innovative project shall be quantified, validated, and

  2  verified by the agency. By July 1 of the following fiscal year

  3  in which the funds were received, a final report of the

  4  results of the implementation of each innovative project shall

  5  be submitted by each participating agency to the Governor's

  6  Office of Planning and Budgeting and the legislative

  7  appropriations committees, along with a budget amendment to

  8  reimburse the General Revenue Fund.

  9

10         Reviser's note.--Amended to facilitate correct

11         interpretation. The reference to section 3

12         appeared in the second of four sections

13         relating to the innovation investment program;

14         these sections were added to existing C.S. for

15         H.B. 2497 (which became ch. 94-249, Laws of

16         Florida) by Senate Amendment 1B, p. 1469 of the

17         1994 Senate Journal.  Internal references

18         within the material relating to the innovation

19         investment program were not updated to conform

20         to their new placement.  Section 3 of that

21         material became s. 53, ch. 94-249, which was

22         codified as s. 216.237.

23

24         Section 90.  Section 216.237, Florida Statutes, is

25  amended to read:

26         216.237  Availability of any remaining funds; agency

27  maintenance of accounting records.--Any remaining funds from

28  the General Revenue Fund and trust fund spending authority not

29  awarded to agencies pursuant to s. 216.236 section 2 of this

30  bill shall be available to agencies for innovative projects

31  which generate a cost savings, increase revenue, or improve


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  1  service delivery. Innovative projects which generate a cost

  2  savings shall receive greater consideration when awarding

  3  innovation investment funds. Any trust fund authority granted

  4  under this program shall be utilized in a manner consistent

  5  with the statutory authority for the use of said trust fund.

  6  Any savings realized as a result of implementing the

  7  innovative project shall be used by the agency to establish an

  8  internal innovations fund. State agencies which are awarded

  9  funds for innovative projects shall utilize the chart of

10  accounts used by the State Automated Management Accounting

11  System in the manner described in s. 215.93(3). Such chart of

12  accounts shall be developed and amended in consultation with

13  the Department of Banking and Finance and the Executive Office

14  of the Governor to separate and account for the savings that

15  result from the implementation of the innovative projects and

16  to keep track of how the innovative funds are reinvested by

17  the state agency to fund additional innovative projects, which

18  may include, but not be limited to, expenditures for training

19  and information technology resources. Guidelines for the

20  establishment of such internal innovations fund shall be

21  provided by the Department of Management Services. Any agency

22  awarded funds under this section shall maintain detailed

23  accounting records showing all expenses, loan transfers,

24  savings, or other financial actions concerning the project.

25  Any savings realized as a result of implementing the

26  innovative project shall be quantified, validated, and

27  verified by the agency. A final report of the results of the

28  implementation of each innovative project shall be submitted

29  by each participating agency to the Governor's Office of

30  Planning and Budgeting and the legislative appropriations

31  committees by June 30 of the fiscal year in which the funds


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  1  were received and ensuing fiscal years for the life of the

  2  project.

  3

  4         Reviser's note.--Amended to facilitate correct

  5         interpretation. The reference to section 2

  6         appeared in the third of four sections relating

  7         to the innovation investment program; these

  8         sections were added to existing C.S. for H.B.

  9         2497 (which became ch. 94-249, Laws of Florida)

10         by Senate Amendment 1B, p. 1469 of the 1994

11         Senate Journal.  Internal references within the

12         material relating to the innovation investment

13         program were not updated to conform to their

14         new placement.  Section 2 of that material

15         became s. 52, ch. 94-249, which was codified as

16         s. 216.236.

17

18         Section 91.  Section 216.346, Florida Statutes, is

19  amended to read:

20         216.346  Contracts between state agencies; restriction

21  on overhead or other indirect costs.--In any contract between

22  state agencies, including any contract involving the State

23  University System or the Florida State Community College

24  System, the agency receiving the contract or grant moneys

25  shall charge no more than 5 percent of the total cost of the

26  contract or grant for overhead or indirect costs or any other

27  costs not required for the payment of direct costs.

28

29         Reviser's note.--Amended to conform to the

30         redesignation of the State Community College

31


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  1         System as the Florida Community College System

  2         by s. 15, ch. 98-58, Laws of Florida.

  3

  4         Section 92.  Paragraph (b) of subsection (6) of section

  5  218.21, Florida Statutes, is amended to read:

  6         218.21  Definitions.--As used in this part, the

  7  following words and terms shall have the meanings ascribed

  8  them in this section, except where the context clearly

  9  indicates a different meaning:

10         (6)  "Guaranteed entitlement" means the amount of

11  revenue which must be shared with an eligible unit of local

12  government so that:

13         (b)  No eligible municipality shall receive less funds

14  from the Revenue Sharing Trust Fund for Municipalities in any

15  fiscal year than the aggregate amount it received from the

16  state in fiscal year 1971-1972 under the provisions of the

17  then-existing s. 210.20(2)(a), tax on cigarettes; s.

18  323.16(3), road tax; and s. 206.605, tax on motor fuel; except

19  that for the 1993-1994 fiscal year, any government exercising

20  municipal powers pursuant to s. 6(f), Art. VIII of the State

21  Constitution shall not receive less funds from any such

22  revenue sharing trust fund than the aggregate amount it

23  received from the state in the preceding state fiscal year

24  under the provisions of this part, plus a 7 percent increase

25  in such amount. Effective in the 1994-1995 fiscal year and

26  thereafter, Any government exercising municipal powers under

27  s. 6(f), Art. VIII of the State Constitution may not receive

28  less than the aggregate amount it received from the Revenue

29  Sharing Trust Fund for Municipalities in the preceding fiscal

30  year, plus a percentage increase in such amount equal to the

31


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  1  percentage increase of the Revenue Sharing Trust Fund for

  2  Municipalities for the preceding fiscal year.

  3

  4         Reviser's note.--Amended to delete provisions

  5         that have served their purpose.

  6

  7         Section 93.  Subsections (5) and (6) of section 218.65,

  8  Florida Statutes, 1998 Supplement, are amended to read:

  9         218.65  Emergency distribution.--

10         (5)  At the beginning of each fiscal year, the

11  Department of Revenue shall calculate a base allocation for

12  each eligible county equal to the difference between the

13  current per capita limitation times the county's population,

14  minus prior year ordinary distributions to the county pursuant

15  to ss. 212.20(6)(f)3. 212.20(6)(g)3., 218.61, and 218.62.  If

16  moneys deposited into the Local Government Half-cent Sales Tax

17  Clearing Trust Fund pursuant to s. 212.20(6)(f)4.

18  212.20(6)(g)4., excluding moneys appropriated for supplemental

19  distributions pursuant to subsection (7), for the current year

20  are less than or equal to the sum of the base allocations,

21  each eligible county shall receive a share of the appropriated

22  amount proportional to its base allocation.  If the deposited

23  amount exceeds the sum of the base allocations, each county

24  shall receive its base allocation, and the excess appropriated

25  amount shall be distributed equally on a per capita basis

26  among the eligible counties.

27         (6)  There is hereby annually appropriated from the

28  Local Government Half-cent Sales Tax Clearing Trust Fund the

29  distribution provided in s. 212.20(6)(f)4. 212.20(6)(g)4. to

30  be used for emergency and supplemental distributions pursuant

31  to this section.


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  1         Reviser's note.--Amended to conform to the

  2         repeal of former s. 212.20(6)(c) by s. 23, ch.

  3         96-397, Laws of Florida.

  4

  5         Section 94.  Subsection (9) of section 220.02, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         220.02  Legislative intent.--

  8         (9)  It is the intent of the Legislature that the

  9  export finance corporation investment credit provided in s.

10  220.188 be applicable to those corporations, banks, and

11  savings associations which purchase qualified investments in

12  export finance corporations organized under part V VI of

13  chapter 288.

14

15         Reviser's note.--Amended to conform to the

16         redesignation of parts of chapter 288

17         necessitated by the repeal of the provisions of

18         former part IV of chapter 288 by s. 2, ch.

19         93-205, Laws of Florida.

20

21         Section 95.  Paragraph (a) of subsection (9) of section

22  228.053, Florida Statutes, is amended to read:

23         228.053  Developmental research schools.--

24         (9)  FUNDING.--

25         (a)  Each developmental research school shall be

26  allocated its proportional share of operating funds from the

27  Florida Education Finance Program as provided in s. 236.081

28  and the General Appropriations Act. The nonvoted ad valorem

29  millage that would otherwise be required for developmental

30  research schools shall be allocated from state funds. The

31  required local effort funds calculated pursuant to s. 236.081


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  1  shall be allocated from state funds to the schools as a part

  2  of the allocation of operating funds pursuant to s. 236.081.

  3  Each eligible developmental research school shall also receive

  4  a proportional share of the sparsity supplement as calculated

  5  pursuant to s. 236.081. In addition, each developmental

  6  research school shall receive its proportional share of all

  7  categorical funds, with the exception of s. ss. 236.083 and

  8  236.0835, and new categorical funds enacted after July 1,

  9  1994, for the purpose of elementary or secondary academic

10  program enhancement. The sum of funds available as provided in

11  this paragraph shall be included annually in the Florida

12  Education Finance Program and appropriate categorical programs

13  funded in the General Appropriations Act.

14

15         Reviser's note.--Amended to conform to the

16         repeal of s. 236.0835 by s. 49, ch. 94-232,

17         Laws of Florida.

18

19         Section 96.  Paragraph (d) of subsection (1) of section

20  228.055, Florida Statutes, 1998 Supplement, is amended to

21  read:

22         228.055  Regional autism centers.--

23         (1)  Six regional autism centers are established to

24  provide nonresidential resource and training services for

25  persons of all ages and of all levels of intellectual

26  functioning who have autism, as defined in s. 393.063; who

27  have a pervasive developmental disorder that is not otherwise

28  specified; who have an autistic-like disability; who have a

29  dual sensory impairment; or who have a sensory impairment with

30  other handicapping conditions. Each center shall be

31  operationally and fiscally independent and shall provide


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  1  services within its geographical region of the state. Each

  2  center shall coordinate services within and between state and

  3  local agencies and school districts but may not duplicate

  4  services provided by those agencies or school districts.  The

  5  respective locations and service areas of the centers are:

  6         (d)  The Louis de la Parte Florida Mental Health

  7  Institute at the University of South Florida, which serves

  8  Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands,

  9  Hillsborough, Indian River, Lee, Manatee, Martin, Okeechobee,

10  Pasco, Pinellas, Polk, St. Lucie, and Sarasota Counties.

11

12         Reviser's note.--Amended to conform to the

13         redesignation of the Florida Mental Health

14         Institute as the Louis de la Parte Florida

15         Mental Health Institute by s. 3, ch. 96-196,

16         Laws of Florida.

17

18         Section 97.  Paragraph (b) of subsection (7) of section

19  228.0565, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         228.0565  Deregulated public schools.--

22         (7)  EXEMPTION FROM STATUTES.--

23         (b)  Teachers employed by or under contract to a

24  deregulated public school shall be certified as required by

25  chapter 231. A deregulated public school may employ or

26  contract with skilled selected noncertified personnel to

27  provide instructional services or to assist instructional

28  staff members as education paraprofessionals teacher aides in

29  the same manner as defined in chapter 231. A deregulated

30  public school may not employ an individual to provide

31  instructional services or to serve as an education


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  1  paraprofessional a teacher aide if the individual's

  2  certification or licensure as an educator is suspended or

  3  revoked by this or any other state. The qualifications of

  4  teachers shall be disclosed to parents.

  5

  6         Reviser's note.--Amended to conform to the

  7         redesignation of teacher aides by ch. 98-292,

  8         Laws of Florida.

  9

10         Section 98.  Subsection (3) of section 229.593, Florida

11  Statutes, 1998 Supplement, is amended to read:

12         229.593  Florida Commission on Education Reform and

13  Accountability.--

14         (3)  Recognized statewide organizations representing

15  each interest enumerated in this section shall submit no fewer

16  than two nor more than three nominees to the appropriate

17  public official for consideration.  The public officials shall

18  appoint members representative of the ethnic, racial, gender,

19  and economic population of the state. The term of each

20  appointed private citizen member shall be for 4 years. A

21  vacancy shall be filled for the remainder of the unexpired

22  term by the person who had appointment jurisdiction of the

23  vacated member.  Members shall serve until their successors

24  are duly appointed.  Provisions of s. 11.611(8)(b) to the

25  contrary notwithstanding, Private citizen members shall be

26  appointed as provided in this section and are not subject to

27  confirmation by the Senate.  Members of the commission may be

28  removed for cause by the appointing authority.  Any member

29  who, without cause, fails to attend three consecutive meetings

30  may be removed by the appointing authority.

31


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  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 11.611 by s. 5, ch. 91-429, Laws

  3         of Florida; ratified by s. 33, ch. 96-318, Laws

  4         of Florida.

  5

  6         Section 99.  Subsection (2) of section 230.2305,

  7  Florida Statutes, is amended to read:

  8         230.2305  Prekindergarten early intervention program.--

  9         (2)  ELIGIBILITY.--There is hereby created the

10  prekindergarten early intervention program for children who

11  are 3 and 4 years of age.  A prekindergarten early

12  intervention program shall be administered by a district

13  school board and shall receive state funds pursuant to

14  subsection (6)(5). Each public school district shall make

15  reasonable efforts to accommodate the needs of children for

16  extended day and extended year services without compromising

17  the quality of the 6-hour, 180-day program.  The school

18  district shall report on such efforts. School district

19  participation in the prekindergarten early intervention

20  program shall be at the discretion of each school district.

21         (a)  At least 75 percent of the children projected to

22  be served by the district program shall be economically

23  disadvantaged 4-year-old children of working parents,

24  including migrant children or children whose parents

25  participate in the WAGES Program. Other children projected to

26  be served by the district program may include any of the

27  following up to a maximum of 25 percent of the total number of

28  children served:

29         1.  Three-year-old and four-year-old children who are

30  referred to the school system who may not be economically

31  disadvantaged but who are abused, prenatally exposed to


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  1  alcohol or harmful drugs, or from foster homes, or who are

  2  marginal in terms of Exceptional Student Education placement.

  3         2.  Three-year-old children and four-year-old children

  4  who may not be economically disadvantaged but who are eligible

  5  students with disabilities and served in an exceptional

  6  student education program with required special services,

  7  aids, or equipment and who are reported for partial funding in

  8  the K-12 Florida Education Finance Program.  These students

  9  may be funded from prekindergarten early intervention program

10  funds the portion of the time not funded by the K-12 Florida

11  Education Finance Program for the actual instructional time or

12  one full-time equivalent student membership, whichever is the

13  lesser. These students with disabilities shall be counted

14  toward the 25-percent student limit based on full-time

15  equivalent student membership funded part-time by

16  prekindergarten early intervention program funds.  Also,

17  3-year-old or 4-year-old eligible students with disabilities

18  who are reported for funding in the K-12 Florida Education

19  Finance Program in an exceptional student education program as

20  provided in s. 236.081(1)(c) may be mainstreamed in the

21  prekindergarten early intervention program if such programming

22  is reflected in the student's individual educational plan; if

23  required special services, aids, or equipment are provided;

24  and if there is no operational cost to prekindergarten early

25  intervention program funds.  Exceptional education students

26  who are reported for maximum K-12 Florida Education Finance

27  Program funding and who are not reported for early

28  intervention funding shall not count against the 75-percent or

29  25-percent student limit as stated in this paragraph.

30         3.  Economically disadvantaged 3-year-old children.

31


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  1         4.  Economically disadvantaged children, children with

  2  disabilities, and children at risk of future school failure,

  3  from birth to age four, who are served at home through home

  4  visitor programs and intensive parent education programs such

  5  as the Florida First Start Program.

  6         5.  Children who meet federal and state requirements

  7  for eligibility for the migrant preschool program but who do

  8  not meet the criteria of "economically disadvantaged" as

  9  defined in paragraph (b), who shall not pay a fee.

10         6.  After the groups listed in subparagraphs 1., 2.,

11  3., and 4. have been served, 3-year-old and 4-year-old

12  children who are not economically disadvantaged and for whom a

13  fee is paid for the children's participation.

14         (b)  An "economically disadvantaged" child shall be

15  defined as a child eligible to participate in the free lunch

16  program.  Notwithstanding any change in a family's economic

17  status or in the federal eligibility requirements for free

18  lunch, a child who meets the eligibility requirements upon

19  initial registration for the program shall be considered

20  eligible until the child reaches kindergarten age.  In order

21  to assist the school district in establishing the priority in

22  which children shall be served, and to increase the efficiency

23  in the provision of child care services in each district, the

24  district shall enter into a written collaborative agreement

25  with other publicly funded early education and child care

26  programs within the district. Such agreement shall be

27  facilitated by the interagency coordinating council and shall

28  set forth, among other provisions, the measures to be

29  undertaken to ensure the programs' achievement and compliance

30  with the performance standards established in subsection (3)

31  and for maximizing the public resources available to each


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  1  program.  In addition, the central agency for state-subsidized

  2  child care or the local service district of the Department of

  3  Health and Rehabilitative Services shall provide the school

  4  district with an updated list of 3-year-old and 4-year-old

  5  children residing in the school district who are on the

  6  waiting list for state-subsidized child care.

  7

  8         Reviser's note.--Amended to conform to the

  9         redesignation of subunits of s. 230.2305 by s.

10         57, ch. 96-175, Laws of Florida, and s. 6, ch.

11         97-190, Laws of Florida. Provisions relating to

12         funding are in subsection (6).

13

14         Section 100.  Subsection (10) of section 231.261,

15  Florida Statutes, 1998 Supplement, is amended to read:

16         231.261  Education Practices Commission;

17  organization.--

18         (10)  The commission shall be financed from the

19  following: certification fees; fines, penalties, and costs

20  collected pursuant to s. 231.262(8) 231.262(7); and general

21  revenue.

22

23         Reviser's note.--Amended to conform to the

24         redesignation of subunits of s. 231.262 by s.

25         15, ch. 98-281, Laws of Florida.

26

27         Section 101.  Paragraphs (b) and (c) of subsection (7)

28  of section 232.246, Florida Statutes, 1998 Supplement, are

29  amended to read:

30         232.246  General requirements for high school

31  graduation.--


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  1         (7)  No student may be granted credit toward high

  2  school graduation for enrollment in the following courses or

  3  programs:

  4         (b)  More than one credit in exploratory vocational

  5  courses as defined in s. 228.041(22)(a) 228.041(22)(a)2.

  6         (c)  More than three credits in practical arts family

  7  and consumer sciences classes as defined in s. 228.041(22)(a)

  8  228.041(22)(a)4.

  9

10         Reviser's note.--Amended to conform to the

11         redesignation of subunits of s. 228.041(22) and

12         rearrangement of material within that

13         subsection by s. 9, ch. 97-307, Laws of

14         Florida.

15

16         Section 102.  Subsection (1) of section 233.17, Florida

17  Statutes, is amended to read:

18         233.17  Term of adoption for instructional materials.--

19         (1)  The term of adoption of any instructional

20  materials must be an 8-year period beginning on April 1

21  following the adoption, except for the core subject areas

22  which include mathematics, science, social studies, reading,

23  and literature which shall be for a term not to exceed 6 years

24  beginning on April 1 following the adoption. Any contract for

25  instructional materials may be extended as prescribed in s.

26  233.16(3) 233.16(2).  The Commissioner of Education may

27  approve terms of adoption of less than 8 years for materials

28  in content areas which require more frequent revision.

29

30

31


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  1         Reviser's note.--Amended to conform to the

  2         redesignation of subunits of s. 233.16 by s. 5,

  3         ch. 97-285, Laws of Florida.

  4

  5         Section 103.  Subsection (2) of section 235.05, Florida

  6  Statutes, is amended to read:

  7         235.05  Right of eminent domain.--

  8         (2)  The board of trustees may exercise the right of

  9  eminent domain as provided in s. 240.319(4)(d) 240.319(3)(d).

10

11         Reviser's note.--Amended to conform to the

12         redesignation of subunits of s. 240.319 by s.

13         12, ch. 97-246, Laws of Florida.

14

15         Section 104.  Paragraphs (a) and (c) of subsection (2)

16  of section 235.2197, Florida Statutes, 1998 Supplement, are

17  amended to read:

18         235.2197  Florida Frugal Schools Program.--

19         (2)  The "Florida Frugal Schools Program" is created to

20  recognize publicly each district school board that agrees to

21  build frugal yet functional educational facilities and that

22  implements "best financial management practices" when

23  planning, constructing, and operating educational facilities.

24  The State Board of Education shall recognize a district school

25  board as having a Florida Frugal Schools Program if the

26  district requests recognition and satisfies two or more of the

27  following criteria:

28         (a)  The district receives a "Seal of Best Financial

29  Management" as provided in s. 230.23025 230.2302 or implements

30  best financial management practices in the area of educational

31  facilities as evidenced by a partial review under s. 230.2302.


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  1         (c)  The district school board submits a plan to the

  2  Commissioner of Education certifying how the revenues

  3  generated by the levy of the capital outlay sales surtax

  4  authorized by s. 212.055(7) will be spent. The plan must

  5  include at least the following assurances about the use of the

  6  proceeds of the surtax and any accrued interest:

  7         1.  The district school board will use the surtax and

  8  accrued interest only for the fixed capital outlay purposes

  9  identified by s. 212.055(7)(d) which will reduce school

10  overcrowding that has been validated by the Department of

11  Education, or for the repayment of bonded indebtedness related

12  to such capital outlay purposes.

13         2.  The district school board will not spend the surtax

14  or accrued interest to pay for operational expenses or for the

15  construction, renovation, or remodeling of any administrative

16  building or any other ancillary facility that is not directly

17  related to the instruction, feeding, or transportation of

18  students enrolled in the public schools.

19         3.  The district school board's use of the surtax and

20  accrued interest will be consistent with the best financial

21  management practices identified and approved under s.

22  230.23025 230.2302.

23         4.  The district school board will apply the

24  educational facilities contracting and construction techniques

25  authorized by s. 235.211 or other construction management

26  techniques to reduce the cost of educational facilities.

27         5.  The district school board will discontinue the

28  surtax levy when the district has provided the

29  survey-recommended educational facilities that were determined

30  to be necessary to relieve school overcrowding; when the

31  district has satisfied any bonded indebtedness incurred for


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  1  such educational facilities; or when the district's other

  2  sources of capital outlay funds are sufficient to provide such

  3  educational facilities, whichever occurs first.

  4         6.  The district school board will use any excess

  5  surtax collections or accrued interest to reduce the

  6  discretionary outlay millage levied under s. 236.25(2).

  7

  8         Reviser's note.--Amended to conform to the

  9         correct location of material relating to best

10         financial management practices.

11

12         Section 105.  Paragraph (a) of subsection (4) of

13  section 235.435, Florida Statutes, 1998 Supplement, is amended

14  to read:

15         235.435  Funds for comprehensive educational plant

16  needs; construction cost maximums for school district capital

17  projects.--Allocations from the Public Education Capital

18  Outlay and Debt Service Trust Fund to the various boards for

19  capital outlay projects shall be determined as follows:

20         (4)(a)  The boards of trustees of the community

21  colleges and the Board of Regents of the State University

22  System shall receive funds for projects based on a 3-year

23  priority list, to be updated annually, which is submitted to

24  the Legislature in the legislative budget request at least 45

25  days prior to the legislative session. The State Board of

26  Community Colleges shall submit a 3-year priority list for the

27  entire Florida State Community College System. The Board of

28  Regents shall submit a 3-year priority list for the entire

29  State University System.  The lists shall reflect decisions by

30  the boards concerning program priorities that implement the

31  statewide plan for program growth and quality improvement in


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  1  education.  No remodeling or renovation project shall be

  2  included on the 3-year priority list unless the project has

  3  been recommended pursuant to s. 235.15 or is for the purpose

  4  of correcting health and safety deficiencies.  No new

  5  construction project shall be included on the first year of

  6  the 3-year priority list unless the educational specifications

  7  have been approved by the Chancellor for university projects

  8  or by the Division of Community Colleges for community college

  9  projects. The funds requested for a new construction project

10  in the first year of the 3-year priority list shall be in

11  conformance with the scope of the project as defined in the

12  educational specifications.  Any new construction project

13  requested in the first year of the 3-year priority list which

14  is not funded by the Legislature shall be carried forward to

15  be listed first in developing the updated 3-year priority list

16  for the subsequent year's capital outlay budget. Should the

17  order of the priority of the projects change from year to

18  year, a justification for such change shall be included with

19  the updated priority list.

20

21         Reviser's note.--Amended to conform to the

22         redesignation of the State Community College

23         System as the Florida Community College System

24         by s. 15, ch. 98-58, Laws of Florida.

25

26         Section 106.  Subsection (1) of section 236.08107,

27  Florida Statutes, 1998 Supplement, is amended to read:

28         236.08107  Excellent Teaching Program Trust Fund.--

29         (1)  The Excellent Teaching Program Trust Fund is

30  created to be administered by the Department of Education.

31  Funds must be credited to the trust fund as provided in


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  1  chapter 98-309, Laws of Florida SB 2156 or similar

  2  legislation, to be used for the purposes set forth therein.

  3

  4         Reviser's note.--Amended to substitute a

  5         reference to ch. 98-309, Laws of Florida, which

  6         was similar legislation to 1998 Senate Bill

  7         2156, which did not pass.

  8

  9         Section 107.  Paragraph (b) of subsection (4) of

10  section 236.1228, Florida Statutes, is amended to read:

11         236.1228  Accountability program grants.--

12         (4)  STATEWIDE INDICATORS.--

13         (b)  The statewide indicators are:

14         1.  Improve graduation rate.--The statewide goal is to

15  achieve a graduation rate of 85 percent.  The graduate rate

16  will be calculated as defined in s. 228.041(40) 228.041(41).

17  The district annual graduation rate indicator shall be at

18  least an increase of one percentage point or one-third of the

19  difference between the second preceding year and 85 percent,

20  whichever is greater.

21         2.  Improve dropout rate.--The statewide goal is to

22  achieve a dropout rate in high school of 4 percent or less.

23  The dropout rate will be calculated as defined in s.

24  228.041(42) 228.041(43).  The district and high school annual

25  dropout rate indicator for the high school shall be 6 percent

26  or less and the district average shall be 4 percent or less

27  for grades 9 through 12.

28         3.  Improve promotion rate.--The statewide goal is to

29  achieve a 95-percent promotion rate from grade to grade in

30  grades 9 through 12.  The district and high school annual

31  promotion rate indicator for the high school from grade to


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  1  grade in grades 9 through 12 shall be 94 percent or higher and

  2  the district average shall be 95 percent or higher for grades

  3  9 through 12.

  4         4.  Increase enrollment in and completion of upper

  5  level science courses.--The statewide goal is to have 20

  6  percent or more of the high school students enrolled in and

  7  completing level 3 science courses, 55 percent or more of the

  8  high school students enrolled in level 2 science courses, and

  9  20 percent or less of the high school students enrolled in

10  level 1 science courses. Components of the district and high

11  school annual science enrollment indicator are:

12         a.  For level 3 science courses, the high school shall

13  have 15 percent or more of the grades 9 through 12 students

14  enrolled in level 3 science courses and the district average

15  shall be 20 percent or more of the grades 9 through 12

16  students enrolled in level 3 science courses;

17         b.  For level 2 science courses, the high school shall

18  have 45 percent or more of the grades 9 through 12 students

19  enrolled in level 2 science courses and the district average

20  shall be 55 percent or more of the grades 9 through 12

21  students enrolled in level 2 science courses; and

22         c.  For level 1 science courses, the high school shall

23  have 30 percent or less of the grades 9 through 12 students

24  enrolled in level 1 science courses and the district average

25  shall be 20 percent or less of the grades 9 through 12

26  students enrolled in level 1 science courses.

27         5.  Increase enrollment in and completion of upper

28  level mathematics courses.--The statewide goal is to have 15

29  percent or more of the high school students enrolled in and

30  completing level 3 mathematics courses, 50 percent or more of

31  the high school students enrolled in level 2 mathematics


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  1  courses, and 30 percent or less of the high school students

  2  enrolled in level 1 mathematics courses. Components of the

  3  district and high school annual mathematics enrollment

  4  indicator are:

  5         a.  For level 3 mathematics courses, the high school

  6  shall have 10 percent or more of the grades 9 through 12

  7  students enrolled in level 3 mathematics courses and the

  8  district average shall be 15 percent or more of the grades 9

  9  through 12 students enrolled in level 3 mathematics courses;

10         b.  For level 2 mathematics courses, the high school

11  shall have 40 percent or more of the grades 9 through 12

12  students enrolled in level 2 mathematics courses and the

13  district average shall be 50 percent or more of the grades 9

14  through 12 students enrolled in level 2 mathematics courses;

15  and

16         c.  For level 1 mathematics courses, the high school

17  shall have 40 percent or less of the grades 9 through 12

18  students enrolled in level 1 mathematics courses and the

19  district average shall be 30 percent or less of the grades 9

20  through 12 students enrolled in level 1 mathematics courses.

21         6.  Improve utilization of postsecondary feedback

22  report.--The statewide goal is to reduce annually the high

23  school's graduates who are enrolled in a degree program and

24  are referred for remediation in mathematics, reading, and

25  writing in public colleges and universities by 50 percent of

26  the number for the second preceding year.  The district and

27  high school annual referrals for remediation indicators for

28  high school shall be a reduction of 40 percent or more and the

29  district's average reduction shall be 50 percent or more of

30  the number for the second preceding year.

31


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  1         Reviser's note.--Amended to conform to the

  2         redesignation of subunits of s. 228.041 by s.

  3         74, ch. 97-190, Laws of Florida.

  4

  5         Section 108.  Subsection (6) of section 236.685,

  6  Florida Statutes, is amended to read:

  7         236.685  Educational funding accountability.--

  8         (6)  The annual school public accountability report

  9  required by ss. 229.592(5) and 230.23(16) 230.23(18) must

10  include a school financial report. The purpose of the school

11  financial report is to better inform parents and the public

12  concerning how revenues were spent to operate the school

13  during the prior fiscal year. Each school's financial report

14  must follow a uniform, districtwide format that is easy to

15  read and understand.

16         (a)  Total revenue must be reported at the school,

17  district, and state levels. The revenue sources that must be

18  addressed are state and local funds, other than lottery funds;

19  lottery funds; federal funds; and private donations.

20         (b)  Expenditures must be reported as the total

21  expenditures per unweighted full-time equivalent student at

22  the school level and the average expenditures per full-time

23  equivalent student at the district and state levels in each of

24  the following categories and subcategories:

25         1.  Teachers, excluding substitute teachers, and

26  education paraprofessionals teacher aides who provide direct

27  classroom instruction to students enrolled in programs

28  classified by s. 236.081 as:

29         a.  Basic programs;

30         b.  Students-at-risk programs;

31         c.  Special programs for exceptional students;


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  1         d.  Career education programs; and

  2         e.  Adult programs.

  3         2.  Substitute teachers.

  4         3.  Other instructional personnel, including

  5  school-based instructional specialists and their assistants.

  6         4.  Contracted instructional services, including

  7  training for instructional staff and other contracted

  8  instructional services.

  9         5.  School administration, including school-based

10  administrative personnel and school-based education support

11  personnel.

12         6.  The following materials, supplies, and operating

13  capital outlay:

14         a.  Textbooks;

15         b.  Computer hardware and software;

16         c.  Other instructional materials;

17         d.  Other materials and supplies; and

18         e.  Library media materials.

19         7.  Food services.

20         8.  Other support services.

21         9.  Operation and maintenance of the school plant.

22         (c)  The school financial report must also identify the

23  types of district-level expenditures that support the school's

24  operations. The total amount of these district-level

25  expenditures must be reported and expressed as total

26  expenditures per full-time equivalent student.

27

28  As used in this subsection, the term "school" means a "school

29  center" as defined by s. 228.041.

30

31


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  1         Reviser's note.--Amended to conform to the

  2         redesignation of subunits of s. 230.23 by s. 4,

  3         ch. 97-190, Laws of Florida, and to the

  4         redesignation of teacher aides as education

  5         paraprofessionals by ch. 98-292, Laws of

  6         Florida.

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