House Bill 1039e2

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                                         HB 1039, Second Engrossed



  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 238.06, 240.1161, 240.1201,

  4         240.147, 240.156, 240.20941, 240.2605, 240.275,

  5         240.283, 240.285, 240.311, 240.319, 240.3195,

  6         240.324, 240.331, 240.3315, 240.383, 240.4063,

  7         240.408, 240.414, 240.4145, 240.498, 240.514,

  8         240.551, 240.6054, 240.632, 242.3305, 246.041,

  9         250.46, 252.939, 253.025, 255.05, 259.032,

10         259.101, 260.016, 270.10, 280.09, 280.11,

11         281.05, 281.06, 281.07, 281.08, 282.003,

12         282.005, 282.101, 282.20, 282.22, 282.3031,

13         282.3041, 282.310, 284.31, 287.059, 287.0595,

14         287.064, 287.09431, 287.133, 287.151, 287.16,

15         288.039, 288.041, 288.052, 288.1066, 288.108,

16         288.1169, 288.1185, 288.770, 288.776, 288.853,

17         288.905, 288.9512, 288.9605, 288.9607,

18         288.9620, 290.0058, 290.0065, 290.009, 295.07,

19         295.085, 295.09, 295.14, 296.33, 298.225,

20         316.003, 316.072, 316.0747, 316.1955, 316.2126,

21         316.2399, 316.302, 318.13, 318.14, 318.21,

22         319.33, 320.03, 320.055, 320.08056, 320.08058,

23         320.0848, 320.1325, 322.12, 322.121, 322.292,

24         322.34, 322.57, 323.001, 325.202, 325.212,

25         327.25, 327.28, 331.303, 331.305, 331.308,

26         334.03, 336.01, 337.023, 337.407, 338.22,

27         338.221, 338.222, 338.223, 338.225, 338.227,

28         338.228, 338.229, 338.231, 338.232, 338.239,

29         339.0805, 339.135, 341.321, 348.0005, 348.242,

30         349.21, 350.031, 350.0605, 354.01, 364.509,

31         368.061, 370.06, 370.0605, 370.063, 370.0821,


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                                         HB 1039, Second Engrossed



  1         370.12, 370.14, 370.142, 370.1535, 370.154,

  2         372.023, 372.561, 372.57, 372.573, 372.661,

  3         373.036, 373.0691, 373.213, 373.246, 373.414,

  4         373.421, 373.4592, 373.59, 373.591, 374.976,

  5         374.983, 375.041, 376.3071, 376.3072, 376.3078,

  6         376.30781, 376.82, 378.901, 380.0555, 380.20,

  7         380.205, 380.22, 381.0014, 381.0035, 381.004,

  8         381.0065, 381.0068, 381.0203, 381.732, 381.733,

  9         382.003, 382.356, 388.4111, 388.46, 390.0111,

10         390.0112, 393.063, 393.067, 394.4787, 395.002,

11         395.605, 400.0067, 400.051, 400.063, 400.417,

12         400.4174, 400.4256, 400.426, 400.427, 400.447,

13         400.471, 400.6085, 400.618, 400.6196, 402.161,

14         402.3055, 402.3057, 402.308, and 402.3115,

15         Florida Statutes; reenacting and amending ss.

16         341.051(5) and 397.405, Florida Statutes; and

17         reenacting ss. 240.2011, 266.0016, 295.11(2),

18         320.0848(9) and (10), 320.20(2), 328.17(1),

19         351.03, 351.034, 351.35, 351.36, 351.37,

20         354.01, 354.02, 354.03, 354.04, 354.05, 354.07,

21         361.025, 373.197(2), (3), 376.30711(2)(b), (c),

22         and 377.703(3)(b), (c), (d), (e), (h), (i),

23         (j), (k), (l), and (m), Florida Statutes,

24         pursuant to s. 11.242, Florida Statutes;

25         deleting provisions which have expired, have

26         become obsolete, have had their effect, have

27         served their purpose, or have been impliedly

28         repealed or superseded; replacing incorrect

29         cross-references and citations; correcting

30         grammatical, typographical, and like errors;

31         removing inconsistencies, redundancies, and


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                                         HB 1039, Second Engrossed



  1         unnecessary repetition in the statutes;

  2         improving the clarity of the statutes and

  3         facilitating their correct interpretation; and

  4         confirming the restoration of provisions

  5         unintentionally omitted from republication in

  6         the acts of the Legislature during the

  7         amendatory process.

  8

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

10

11         Section 1.  Subsection (10) of section 238.06, Florida

12  Statutes, is amended to read:

13         238.06  Membership application, creditable service, and

14  time for making contributions.--

15         (10)  A member of the retirement system created by this

16  chapter who has been eligible or becomes eligible to receive

17  workers' compensation payments for an injury or illness

18  occurring during his or her employment while a member of any

19  state retirement system shall, upon his or her return to

20  active employment with a covered employer for 1 calendar month

21  or upon his or her approval for disability retirement in

22  accordance with s. 238.07, receive full retirement credit for

23  the period prior to such return to active employment or

24  disability retirement for which the workers' compensation

25  payments were received.  However, no member may receive

26  retirement credit for any such period occurring after the

27  earlier of the date maximum medical improvement has been

28  attained as defined in s. 440.02(9) 440.02(8) or the date

29  termination has occurred as defined in s. 121.021(39). The

30  employer of record at the time of the worker's compensation

31  injury or illness shall make the required employee and


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                                         HB 1039, Second Engrossed



  1  employer retirement contributions based on the member's rate

  2  of monthly compensation immediately prior to his or her

  3  receiving workers' compensation payments.

  4

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

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

  7         ch. 98-174, Laws of Florida.

  8

  9         Section 2.  Subsection (5) of section 240.1161, Florida

10  Statutes, is amended to read:

11         240.1161  District interinstitutional articulation

12  agreements.--

13         (5)  School districts and community colleges may enter

14  into additional interinstitutional articulation agreements

15  with state universities for the purposes of this section.

16  School districts may also enter into interinstitutional

17  articulation agreements with eligible independent colleges and

18  universities pursuant to s. 236.081(1)(g) 236.081(1)(j).

19  State universities and community colleges may enter into

20  interinstitutional articulation agreements with nonpublic

21  secondary schools pursuant to s. 240.116.

22

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

24         redesignation of subunits of s. 236.081(1) by

25         s. 43, ch. 97-307, Laws of Florida.

26

27         Section 3.  Paragraph (b) of subsection (1) of section

28  240.1201, Florida Statutes, 1998 Supplement, is amended to

29  read:

30         240.1201  Determination of resident status for tuition

31  purposes.--Students shall be classified as residents or


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                                         HB 1039, Second Engrossed



  1  nonresidents for the purpose of assessing tuition fees in

  2  public community colleges and universities.

  3         (1)  As defined under this section:

  4         (b)  The term "institution of higher education" means

  5  any of the constituent institutions under the jurisdiction of

  6  the State University System or the Florida State Community

  7  College System.

  8

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

10         redesignation of the State Community College

11         System as the Florida Community College System

12         by s. 15, ch. 98-58, Laws of Florida.

13

14         Section 4.  Subsections (15) and (16) of section

15  240.147, Florida Statutes, 1998 Supplement, are amended to

16  read:

17         240.147  Powers and duties of the commission.--The

18  commission shall:

19         (15)  In consultation with the Independent Colleges and

20  Universities of Florida, recommend to the Legislature

21  accountability measures and an accountability process for

22  independent institutions that participate in the William L.

23  Boyd, IV, Florida Resident Access Grant Program. The process

24  shall make use of existing information submitted to the

25  federal and state governments. The process shall provide for

26  an assessment of the benefits and cost-effectiveness of the

27  William L. Boyd, IV, Florida Resident Access Grant Program in

28  providing state residents with access to 4-year college

29  programs and with the successful completion of a baccalaureate

30  degree. The commission shall provide oversight of this

31  accountability process.


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                                         HB 1039, Second Engrossed



  1         (16)  Periodically review the design and implementation

  2  of the accountability processes and reports of the State

  3  University System, Florida State Community College System, and

  4  public and independent postsecondary institutions. At least

  5  every 5 years, evaluate the extent to which each plan is

  6  contributing to the achievement of state goals for

  7  postsecondary education and report to the State Board of

  8  Education, the President of the Senate, and the Speaker of the

  9  House of Representatives with recommendations on any changes

10  needed in the accountability process or plans.

11

12         Reviser's note.--Subsection (15) is amended to

13         conform to the redesignation of the Florida

14         Resident Access Grant Program as the William L.

15         Boyd, IV, Florida Resident Access Grant Program

16         by s. 9, ch. 98-71, Laws of Florida, and s. 14,

17         ch. 98-398, Laws of Florida. Subsection (16) is

18         amended to conform to the redesignation of the

19         State Community College System as the Florida

20         Community College System by s. 15, ch. 98-58,

21         Laws of Florida.

22

23         Section 5.  Section 240.156, Florida Statutes, is

24  amended to read:

25         240.156  State University System Concurrency Trust

26  Fund.--Notwithstanding any other provision of law, the general

27  revenue service charge deducted pursuant to s. 215.20 on

28  revenues raised by any local option motor fuel tax levied

29  pursuant to s. 336.025(1)(b), as created by chapter 93-206,

30  Laws of Florida, CS/CS/HB 2315 (1993) or similar legislation,

31  shall be deposited in the State University System Concurrency


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                                         HB 1039, Second Engrossed



  1  Trust Fund, which is hereby created. Moneys in such trust fund

  2  shall be for the purpose of funding State University System

  3  offsite improvements required to meet concurrency standards

  4  adopted under part II of chapter 163.

  5

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

  7         chapter law designation of C.S. for C.S. for

  8         H.B. 2315, 1993 regular legislative session.

  9

10         Section 6.  Section 240.2011, Florida Statutes, is

11  reenacted to read:

12         240.2011  State University System defined.--The State

13  University System shall consist of the following:

14         (1)  The Board of Regents of the Division of

15  Universities of the Department of Education, with a central

16  office located in Leon County.

17         (2)  The University of Florida, with a main campus

18  located in Alachua County.

19         (3)  The Florida State University, with a main campus

20  located in Leon County.

21         (4)  The Florida Agricultural and Mechanical

22  University, with a main campus located in Leon County.

23         (5)  The University of South Florida, with a main

24  campus located in Hillsborough County.

25         (6)  The Florida Atlantic University, with partner

26  campuses located in Palm Beach County and Broward County.

27         (7)  The University of West Florida, with a main campus

28  located in Escambia County.

29         (8)  The University of Central Florida, with a main

30  campus located in Orange County.

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                                         HB 1039, Second Engrossed



  1         (9)  The University of North Florida, with a main

  2  campus located in Duval County.

  3         (10)  The Florida International University, with a main

  4  campus located in Dade County.

  5         (11)  The Florida Gulf Coast University, with a main

  6  campus located in Fort Myers.

  7

  8         Reviser's note.--Section 1, ch. 94-248, Laws of

  9         Florida, purported to amend subsection (11) of

10         s. 240.2011, but failed to republish the

11         introductory paragraph to the section.  In the

12         absence of affirmative evidence that the

13         Legislature intended to repeal the introductory

14         paragraph, s. 240.2011 is reenacted to confirm

15         that the omission was not intended.

16

17         Section 7.  Section 240.20941, Florida Statutes, is

18  amended to read:

19         240.20941  Vacant faculty positions.--Notwithstanding

20  the provisions of s. 216.181(7), (8), and (9) 216.181(3), (4),

21  and (5), and pursuant to the provisions of s. 216.351, actions

22  to reduce positions, rate, or salaries and benefits, excluding

23  salary lapse calculations, taken by the Legislature, by the

24  Executive Office of the Governor, or by the Administration

25  Commission which relate specifically to vacant positions, and

26  which are applied on a uniform basis to all state employee

27  positions, may affect the positions within the faculty pay

28  plan approved and administered by the Board of Regents only to

29  the extent that they do so by express reference to this

30  section.

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                                         HB 1039, Second Engrossed



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

  2         redesignation of subunits of s. 216.181 by s.

  3         60, ch. 92-142, Laws of Florida, and s. 6, ch.

  4         97-286, Laws of Florida.

  5

  6         Section 8.  Subsection (1) of section 240.2605, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         240.2605  Trust Fund for Major Gifts.--

  9         (1)  There is established a Trust Fund for Major Gifts.

10  The purpose of the trust fund is to enable the Board of

11  Regents Foundation, each university, and New College to

12  provide donors with an incentive in the form of matching

13  grants for donations for the establishment of permanent

14  endowments, which must be invested, with the proceeds of the

15  investment used to support libraries and instruction and

16  research programs, as defined by procedure of the Board of

17  Regents. All funds appropriated for the challenge grants, new

18  donors, major gifts, or eminent scholars program must be

19  deposited into the trust fund and invested pursuant to s.

20  18.125 until the Board of Regents allocates the funds to

21  universities to match private donations. Notwithstanding s.

22  216.301 and pursuant to s. 216.351, any undisbursed balance

23  remaining in the trust fund and interest income accruing to

24  the portion of the trust fund which is not matched and

25  distributed to universities must remain in the trust fund and

26  be used to increase the total funds available for challenge

27  grants. The Board of Regents may authorize any university to

28  encumber the state matching portion of a challenge grant from

29  funds available under s. 240.272.

30

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


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                                         HB 1039, Second Engrossed



  1         Section 9.  Subsection (4) of section 240.275, Florida

  2  Statutes, is amended to read:

  3         240.275  Law libraries of certain institutions of

  4  higher learning designated as state legal depositories.--

  5         (4)  The libraries of all community colleges in the

  6  Florida state Community College System as defined in s.

  7  240.301 are designated as state depositories for the Florida

  8  Statutes and supplements published by or under the authority

  9  of the state; these depositories each may receive upon request

10  one copy of each volume without charge, except for payment of

11  shipping costs.

12

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

14         redesignation of the State Community College

15         System as the Florida Community College System

16         by s. 15, ch. 98-58, Laws of Florida.

17

18         Section 10.  Section 240.283, Florida Statutes, is

19  amended to read:

20         240.283  Extra compensation for State University System

21  employees.--Notwithstanding the provisions of s. 216.262(1)(e)

22  216.262(1)(d), the presidents of the several universities and

23  the Chancellor are authorized to approve additional

24  compensation for university employees and employees of the

25  Board of Regents, respectively, as provided by rules adopted

26  by the Board of Regents.

27

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

29         redesignation of subunits of s. 216.262(1) by

30         s. 68, ch. 92-142, Laws of Florida.

31


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                                         HB 1039, Second Engrossed



  1         Section 11.  Section 240.285, Florida Statutes, is

  2  amended to read:

  3         240.285  Transfer of funds.--Notwithstanding the

  4  limitations of s. 216.292(3)(a) 216.292(2)(a), the State

  5  University System is authorized to transfer up to 15 percent

  6  from salaries to other personal services; however, such

  7  actions shall be shown in the legislative budget request which

  8  includes actual expenditures for the preceding fiscal year.

  9

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

11         redesignation of subunits of s. 216.292 by s.

12         14, ch. 94-249, Laws of Florida.

13

14         Section 12.  Subsections (4) and (7) of section

15  240.311, Florida Statutes, 1998 Supplement, are amended to

16  read:

17         240.311  State Board of Community Colleges; powers and

18  duties.--

19         (4)  The State Board of Community Colleges shall

20  appoint, and may suspend or dismiss, an executive director of

21  the community college system. The board shall fix the

22  compensation for the executive director and for all other

23  professional, administrative, and clerical employees necessary

24  to assist the board and the executive director in the

25  performance of their duties.  The executive director shall

26  serve as executive officer and as secretary to the board;

27  shall attend, but not vote at, all meetings of the board

28  except when on authorized leave; shall be in charge of the

29  offices of the board, including appointment and termination of

30  staff; and shall be responsible for the preparation of reports

31  and the collection and dissemination of data and other public


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                                         HB 1039, Second Engrossed



  1  information relating to the Florida State Community College

  2  System. The executive director shall conduct systemwide

  3  program reviews for board approval; prepare the legislative

  4  budget request for the system; and, upon the request of the

  5  board, represent the system before the Legislature and the

  6  State Board of Education, including representation in the

  7  presentation of proposed rules to the State Board of

  8  Education.  The board may, by rule, delegate to the executive

  9  director any of the powers and duties vested in or imposed

10  upon it by this part.  Under the supervision of the board, the

11  executive director shall administer the provisions of this

12  part and the rules established hereunder and all other

13  applicable laws of the state.

14         (7)  The State Board of Community Colleges shall adopt

15  rules and procedures to be followed by district boards of

16  trustees for the recruitment, consideration, and selection

17  process for presidents of the community colleges. The rules or

18  procedures shall address, at a minimum, the following:  the

19  composition of a search committee that provides for membership

20  representing the gender and ethnic diversity of the community,

21  faculty, students, and staff; the program mix of the community

22  college and priorities of the community and board of trustees;

23  and a recruitment and consideration process that provides a

24  candidate pool with ethnic and gender diversity appropriate

25  for the community college district. The district board of

26  trustees is responsible for the appointment of the community

27  college president, pursuant to s. 240.319(4)(a) 240.319(3)(a).

28  Upon selection of a president by a board of trustees, the

29  board of trustees shall submit a report to the State Board of

30  Community Colleges documenting compliance with this

31  subsection.


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                                         HB 1039, Second Engrossed



  1         Reviser's note.--Subsection (4) is amended to

  2         conform to the redesignation of the State

  3         Community College System as the Florida

  4         Community College System by s. 15, ch. 98-58,

  5         Laws of Florida. Subsection (7) is amended to

  6         conform to the redesignation of subunits of s.

  7         240.319 by s. 12, ch. 97-246, Laws of Florida.

  8

  9         Section 13.  Subsection (2) and paragraph (t) of

10  subsection (4) of section 240.319, Florida Statutes, 1998

11  Supplement, are amended to read:

12         240.319  Community college district boards of trustees;

13  duties and powers.--

14         (2)  The board of trustees, after considering

15  recommendations submitted by the community college president,

16  has authority to adopt rules pursuant to ss. 120.536(1) and

17  120.54 to implement the provisions of law conferring duties

18  upon it.  These rules may supplement those prescribed by the

19  State Board of Education and the State Board of Community

20  Colleges if they will contribute to the more orderly and

21  efficient operation of the Florida State Community College

22  System.

23         (4)  Such rules, procedures, and policies for the

24  boards of trustees include, but are not limited to, the

25  following:

26         (t)  Each board of trustees is authorized to borrow

27  funds and incur debt, including the issuance of revenue bonds

28  as specifically authorized in ss. 239.117(17) and 240.35(14)

29  240.35(13), only for the new construction and equipment,

30  renovation, or remodeling of educational facilities. At the

31  option of the board of trustees, bonds may be issued which are


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                                         HB 1039, Second Engrossed



  1  secured by a combination of revenues authorized to be pledged

  2  to bonds pursuant to ss. 239.117(17) and 240.35(14)

  3  240.35(13).

  4

  5         Reviser's note.--Subsection (2) is amended to

  6         conform to the redesignation of the State

  7         Community College System as the Florida

  8         Community College System by s. 15, ch. 98-58,

  9         Laws of Florida. Paragraph (4)(t) is amended to

10         conform to the redesignation of subunits of s.

11         240.35 by s. 10, ch. 98-421, Laws of Florida.

12

13         Section 14.  Section 240.3195, Florida Statutes, is

14  amended to read:

15         240.3195  State Community College System Optional

16  Retirement Program.--Each community college may implement an

17  optional retirement program, if such program is established

18  therefor pursuant to s. 240.319(4)(r) 240.319(3)(r), under

19  which annuity contracts providing retirement and death

20  benefits may be purchased by, and on behalf of, eligible

21  employees who participate in the program. Except as otherwise

22  provided herein, this retirement program, which shall be known

23  as the State Community College System Optional Retirement

24  Program, may be implemented and administered only by an

25  individual community college or by a consortium of community

26  colleges.

27         (1)  As used in this section, the term:

28         (a)  "Activation" means the date upon which an optional

29  retirement program is first made available by the program

30  administrator to eligible employees.

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                                         HB 1039, Second Engrossed



  1         (b)  "College" means public community colleges that are

  2  members of the Florida State Community College System.

  3         (c)  "Division" means the Division of Retirement of the

  4  Department of Management Services.

  5         (d)  "Program administrator" means the individual

  6  college or consortium of colleges responsible for implementing

  7  and administering an optional retirement program.

  8         (e)  "Program participant" means an eligible employee

  9  who has elected to participate in an available optional

10  retirement program as authorized by this section.

11         (2)  Participation in the optional retirement program

12  provided by this section is limited to employees who satisfy

13  the criteria set forth in s. 121.051(2)(c).

14         (3)(a)  With respect to any employee who is eligible to

15  participate in the optional retirement program by reason of

16  qualifying employment commencing before the program's

17  activation:

18         1.  The employee may elect to participate in the

19  optional retirement program in lieu of participation in the

20  Florida Retirement System.  To become a program participant,

21  the employee must file with the personnel officer of the

22  college, within 60 days after the program's activation, both a

23  written election on a form provided by the division and a

24  completed application for an individual contract or

25  certificate.

26         2.  An employee's participation in the optional

27  retirement program commences on the first day of the next full

28  calendar month following the filing of the election and

29  completed application with the program administrator and

30  receipt of such election by the division.  An employee's

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                                         HB 1039, Second Engrossed



  1  membership in the Florida Retirement System terminates on this

  2  same date.

  3         3.  Any such employee who fails to make an election to

  4  participate in the optional retirement program within 60 days

  5  after its activation has elected to retain membership in the

  6  Florida Retirement System.

  7         (b)  With respect to any employee who becomes eligible

  8  to participate in an optional retirement program by reason of

  9  qualifying employment commencing on or after the program's

10  activation:

11         1.  The employee may elect to participate in the

12  optional retirement program in lieu of participation in the

13  Florida Retirement System.  To become a program participant,

14  the employee must file with the personnel officer of the

15  college, within 60 days after commencing qualifying

16  employment, both a written election on a form provided by the

17  division and a completed application for an individual

18  contract or certificate.

19         2.  An employee's participation in the optional

20  retirement program commences on the first day of the next full

21  calendar month following the filing of the election and

22  completed application with the program administrator and

23  receipt of such election by the division.  An employee's

24  membership in the Florida Retirement System terminates on this

25  same date.

26         3.  If the employee makes an election to participate in

27  the optional retirement program before the community college

28  submits its initial payroll for the employee, participation in

29  the optional retirement program commences on the first date of

30  employment.

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                                         HB 1039, Second Engrossed



  1         4.  Any such employee who fails to make an election to

  2  participate in the optional retirement program within 60 days

  3  after commencing qualifying employment has elected to retain

  4  membership in the Florida Retirement System.

  5         (c)  Any employee who, on or after an optional

  6  retirement program's activation, becomes eligible to

  7  participate in the program by reason of a change in status due

  8  to the subsequent designation of the employee's position as

  9  one of those referenced in subsection (2), or due to the

10  employee's appointment, promotion, transfer, or

11  reclassification to a position referenced in subsection (2),

12  must be notified by the community college of the employee's

13  eligibility to participate in the optional retirement program

14  in lieu of participation in the Florida Retirement System.

15  These eligible employees are subject to the provisions of

16  paragraph (b) and may elect to participate in the optional

17  retirement program in the same manner as those employees

18  described in paragraph (b), except that the 60-day election

19  period commences upon the date notice of eligibility is

20  received by the employee.

21         (d)  Program participants must be fully and immediately

22  vested in the optional retirement program.

23         (e)  The election by an eligible employee to

24  participate in the optional retirement program is irrevocable

25  for so long as the employee continues to meet the eligibility

26  requirements set forth in this section and in s.

27  121.051(2)(c), except as provided in paragraph (i).

28         (f)  If a program participant becomes ineligible to

29  continue participating in the optional retirement program

30  pursuant to the criteria referenced in subsection (2), the

31  employee becomes a member of the Florida Retirement System if


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                                         HB 1039, Second Engrossed



  1  eligible.  The college must notify the Division of Retirement

  2  of an employee's change in eligibility status within 30 days

  3  after the event that makes the employee ineligible to continue

  4  participation in the optional retirement program.

  5         (g)  An eligible employee who is a member of the

  6  Florida Retirement System at the time of election to

  7  participate in the optional retirement program retains all

  8  retirement service credit earned under the Florida Retirement

  9  System at the rate earned. Additional service credit in the

10  Florida Retirement System may not be earned while the employee

11  participates in the optional retirement program, nor is the

12  employee eligible for disability retirement under the Florida

13  Retirement System.

14         (h)  A program participant may not simultaneously

15  participate in any other state-administered retirement system,

16  plan, or class.

17         (i)  Except as provided in s. 121.052(6)(d), a program

18  participant who is or who becomes dually employed in two or

19  more positions covered by the Florida Retirement System, one

20  of which is eligible for an optional retirement program

21  pursuant to this section and one of which is not, is subject

22  to the dual employment provisions of chapter 121.

23         (4)(a)  Each college must contribute on behalf of each

24  program participant an amount equal to the normal cost portion

25  of the employer retirement contribution which would be

26  required if the program participant were a member of the

27  Regular Class of the Florida Retirement System as provided in

28  s. 121.071, plus the portion of the contribution rate required

29  in s. 112.363(8) that would otherwise be assigned to the

30  Retiree Health Insurance Subsidy Trust Fund, and less an

31  amount approved by the community college to provide for the


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                                         HB 1039, Second Engrossed



  1  administration of the optional retirement program.  Payment of

  2  this contribution must be made either directly by the

  3  community college or through the program administrator to the

  4  designated company contracting for payment of benefits to the

  5  program participant.

  6         (b)  Each community college must contribute on behalf

  7  of each program participant an amount equal to the unfunded

  8  actuarial accrued liability portion of the employer

  9  contribution which would be required if the program

10  participant were a member of the Regular Class of the Florida

11  Retirement System.  Payment of this contribution must be made

12  directly by the college to the division for deposit in the

13  Florida Retirement System Trust Fund.

14         (c)  Each program participant who has executed an

15  annuity contract may contribute by way of salary reduction or

16  deduction a percentage of the program participant's gross

17  compensation, but this percentage may not exceed the

18  corresponding percentage contributed by the community college

19  to the optional retirement program. Payment of this

20  contribution may be made either directly by the college or

21  through the program administrator to the designated company

22  contracting for payment of benefits to the program

23  participant.

24         (d)  Contributions to an optional retirement program by

25  a college or a program participant are in addition to, and

26  have no effect upon, contributions required now or in future

27  by the federal Social Security Act.

28         (5)(a)  The benefits to be provided to program

29  participants must be provided through individual contracts or

30  group annuity contracts, which may be fixed, variable, or

31  both.  Each individual contract or certificate must state the


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                                         HB 1039, Second Engrossed



  1  type of annuity contract on its face page, and must include at

  2  least a statement of ownership, the contract benefits, annuity

  3  income options, limitations, expense charges, and surrender

  4  charges, if any.

  5         (b)  Benefits are payable under the optional retirement

  6  program to program participants or their beneficiaries, and

  7  the benefits must be paid only by the designated company in

  8  accordance with the terms of the annuity contracts applicable

  9  to the program participant, provided that benefits funded by

10  employer contributions are payable only as a lifetime annuity

11  to the program participant, except for:

12         1.  A lump-sum payment to the program participant's

13  beneficiary or estate upon the death of the program

14  participant; or

15         2.  A cash-out of a de minimis account upon the request

16  of a former program participant who has been terminated for a

17  minimum of 6 months from the employment that caused the

18  participant to be eligible for participation.  A de minimis

19  account is an account with a designated company containing

20  employer contributions and accumulated earnings of not more

21  than $3,500.  The cash-out must be a complete liquidation of

22  the account balance with that designated company and is

23  subject to the provisions of the Internal Revenue Code.

24         (c)  The benefits payable to any person under the

25  optional retirement program, and any contribution accumulated

26  under the program, are not subject to assignment, execution,

27  attachment, or to any legal process whatsoever.

28         (6)(a)  The optional retirement program authorized by

29  this section must be implemented and administered by the

30  program administrator under s. 403(b) of the Internal Revenue

31  Code. The program administrator has the express authority to


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                                         HB 1039, Second Engrossed



  1  contract with a third party to fulfill any of the program

  2  administrator's duties.

  3         (b)  The program administrator shall solicit

  4  competitive bids or issue a request for proposal and select no

  5  more than four companies from which annuity contracts may be

  6  purchased under the optional retirement program.  In making

  7  these selections, the program administrator shall consider the

  8  following factors:

  9         1.  The financial soundness of the company.

10         2.  The extent of the company's experience in providing

11  annuity contracts to fund retirement programs.

12         3.  The nature and extent of the rights and benefits

13  provided to program participants in relation to the premiums

14  paid.

15         4.  The suitability of the rights and benefits provided

16  to the needs of eligible employees and the interests of the

17  college in the recruitment and retention of employees.

18

19  In lieu of soliciting competitive bids or issuing a request

20  for proposals, the program administrator may authorize the

21  purchase of annuity contracts under the optional retirement

22  program from those companies currently selected by the

23  Division of Retirement to offer such contracts through the

24  State University System Optional Retirement Program, as set

25  forth in s. 121.35.

26         (c)  Optional retirement program annuity contracts must

27  be approved in form and content by the program administrator

28  in order to qualify.  The program administrator may use the

29  same annuity contracts currently used within the State

30  University System Optional Retirement Program, as set forth in

31  s. 121.35.


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                                         HB 1039, Second Engrossed



  1         (d)  The provision of each annuity contract applicable

  2  to a program participant must be contained in a written

  3  program description that includes a report of pertinent

  4  financial and actuarial information on the solvency and

  5  actuarial soundness of the program and the benefits applicable

  6  to the program participant. The company must furnish the

  7  description annually to the program administrator, and to each

  8  program participant upon commencement of participation in the

  9  program and annually thereafter.

10         (e)  The program administrator must ensure that each

11  program participant is provided annually with an accounting of

12  the total contributions and the annual contributions made by

13  and on the behalf of the program participant.

14

15         Reviser's note.--Section 240.3195 is amended to

16         conform to the redesignation of subunits of s.

17         240.319 by s. 12, ch. 97-246, Laws of Florida.

18         Paragraph (1)(b) was amended to conform to the

19         redesignation of the State Community College

20         System as the Florida Community College System

21         by s. 15, ch. 98-58, Laws of Florida.

22

23         Section 15.  Subsection (1) of section 240.324, Florida

24  Statutes, 1998 Supplement, is amended to read:

25         240.324  Community college accountability process.--

26         (1)  It is the intent of the Legislature that a

27  management and accountability process be implemented which

28  provides for the systematic, ongoing improvement and

29  assessment of the improvement of the quality and efficiency of

30  the Florida State Community College System.  Accordingly, the

31  State Board of Community Colleges and the community college


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                                         HB 1039, Second Engrossed



  1  boards of trustees shall develop and implement an

  2  accountability plan to improve and evaluate the instructional

  3  and administrative efficiency and effectiveness of the Florida

  4  State Community College System.  This plan shall be designed

  5  in consultation with staff of the Governor and the Legislature

  6  and must address the following issues:

  7         (a)  Graduation rates of A.A. and A.S. degree-seeking

  8  students compared to first-time-enrolled students seeking the

  9  associate degree.

10         (b)  Minority student enrollment and retention rates.

11         (c)  Student performance, including student performance

12  in college-level academic skills, mean grade point averages

13  for community college A.A. transfer students, and community

14  college student performance on state licensure examinations.

15         (d)  Job placement rates of community college

16  vocational students.

17         (e)  Student progression by admission status and

18  program.

19         (f)  Vocational accountability standards identified in

20  s. 239.229.

21         (g)  Institutional assessment efforts related to the

22  requirements of s. III in the Criteria for Accreditation of

23  the Commission on Colleges of the Southern Association of

24  Colleges and Schools.

25         (h)  Other measures as identified by the Postsecondary

26  Education Planning Commission and approved by the State Board

27  of Community Colleges.

28

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

30         redesignation of the State Community College

31


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                                         HB 1039, Second Engrossed



  1         System as the Florida Community College System

  2         by s. 15, ch. 98-58, Laws of Florida.

  3

  4         Section 16.  Subsection (2) of section 240.331, Florida

  5  Statutes, 1998 Supplement, is amended to read:

  6         240.331  Community college direct-support

  7  organizations.--

  8         (2)  BOARD OF DIRECTORS.--The chair chairperson of the

  9  board of trustees shall appoint a representative to the board

10  of directors and the executive committee of each

11  direct-support organization established under this section,

12  including those established before July 1, 1998. The president

13  of the community college for which the direct-support

14  organization is established, or the president's designee,

15  shall also serve on the board of directors and the executive

16  committee of the direct-support organization, including any

17  direct-support organization established before July 1, 1998.

18

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

20         title of the position as provided in s.

21         240.313(5).

22

23         Section 17.  Subsection (2) of section 240.3315,

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

25         240.3315  Statewide community college direct-support

26  organizations.--

27         (2)  BOARD OF DIRECTORS.--The chair chairperson of the

28  State Board of Community Colleges may appoint a representative

29  to the board of directors and the executive committee of any

30  statewide, direct-support organization established under this

31  section or s. 240.331. The chair chairperson of the State


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                                         HB 1039, Second Engrossed



  1  Board of Community Colleges, or the chair's chairperson's

  2  designee, shall also serve on the board of directors and the

  3  executive committee of any direct-support organization

  4  established to benefit the Florida State Community College

  5  System.

  6

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

  8         title of the chair of the State Board of

  9         Community Colleges as provided in s. 240.309(1)

10         and to conform to the redesignation of the

11         State Community College System as the Florida

12         Community College System by s. 15, ch. 98-58,

13         Laws of Florida.

14

15         Section 18.  Subsections (1), (2), (3), (4), and (11)

16  of section 240.383, Florida Statutes, are amended to read:

17         240.383  State Community College System Facility

18  Enhancement Challenge Grant Program.--

19         (1)  The Legislature recognizes that the State

20  Community College System does not have sufficient physical

21  facilities to meet the current demands of its instructional

22  and community programs.  It further recognizes that, to

23  strengthen and enhance the Florida State Community College

24  System, it is necessary to provide facilities in addition to

25  those currently available from existing revenue sources.  It

26  further recognizes that there are sources of private support

27  that, if matched with state support, can assist in

28  constructing much needed facilities and strengthen the

29  commitment of citizens and organizations in promoting

30  excellence throughout the state community colleges.

31  Therefore, it is the intent of the Legislature to establish a


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                                         HB 1039, Second Engrossed



  1  program to provide the opportunity for each community college

  2  through its direct-support organization to receive and match

  3  challenge grants for instructional and community-related

  4  capital facilities within the community college.

  5         (2)  There is established the State Community College

  6  System Facility Enhancement Challenge Grant Program for the

  7  purpose of assisting the Florida State Community College

  8  System in building high priority instructional and

  9  community-related capital facilities consistent with s.

10  240.301, including common areas connecting such facilities.

11  The direct-support organizations that serve the community

12  colleges shall solicit gifts from private sources to provide

13  matching funds for capital facilities.  For the purposes of

14  this section, private sources of funds shall not include any

15  federal or state government funds that a community college may

16  receive.

17         (3)  The Community College Capital Facilities Matching

18  Trust Fund, if created by law, otherwise the General Revenue

19  Fund, shall provide funds to match private contributions for

20  the development of high priority instructional and

21  community-related capital facilities, including common areas

22  connecting such facilities, within the Florida State Community

23  College System.  All appropriated funds deposited in the trust

24  fund, if created by law, otherwise the General Revenue Fund,

25  shall be invested pursuant to the provisions of s. 18.125.

26  Interest income accruing to that portion of the trust fund, if

27  created by law, otherwise the General Revenue Fund, shall

28  increase the total funds available for the challenge grant

29  program.  Interest income accruing from the private donations

30  shall be returned to the participating direct-support

31  organization upon completion of the project.


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                                         HB 1039, Second Engrossed



  1         (4)  Within the direct-support organization of each

  2  community college there must be established a separate capital

  3  facilities matching account for the purpose of providing

  4  matching funds from the direct-support organization's

  5  unrestricted donations or other private contributions for the

  6  development of high priority instructional and

  7  community-related capital facilities, including common areas

  8  connecting such facilities.  The Legislature shall appropriate

  9  funds to be transferred to the Community College Capital

10  Facilities Matching Trust Fund, if created by law, otherwise

11  the General Revenue Fund, for distribution to a community

12  college after matching funds are certified by the

13  direct-support organization and community college. The Public

14  Education Capital Outlay and Debt Service Trust Fund shall not

15  be used as the source of the state match for private

16  contributions.

17         (11)  Any project funds that are unexpended after a

18  project is completed shall revert to the community college's

19  direct-support organization capital facilities matching

20  account.  Fifty percent of such unexpended funds shall be

21  reserved for the community college which originally received

22  the private contribution for the purpose of providing private

23  matching funds for future facility construction projects as

24  provided in this section.  The balance of such unexpended

25  funds shall be returned to the Community College Capital

26  Facilities Matching Trust Fund, if created by law, otherwise

27  the General Revenue Fund, and be available to any community

28  college for future facility construction projects conducted

29  pursuant to this section.

30

31


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                                         HB 1039, Second Engrossed



  1         Reviser's note.--Subsections (1), (2), and (3)

  2         are amended to conform to the redesignation of

  3         the State Community College System as the

  4         Florida Community College System by s. 15, ch.

  5         98-58, Laws of Florida.  Subsections (3), (4),

  6         and (11) are amended to conform to the creation

  7         of the Community College Capital Facilities

  8         Matching Trust Fund in s. 240.3835.

  9

10         Section 19.  Paragraph (c) of subsection (3) of section

11  240.4063, Florida Statutes, is amended to read:

12         240.4063  Florida Teacher Scholarship and Forgivable

13  Loan Program.--

14         (3)

15         (c)  A graduate forgivable loan may be awarded for 2

16  graduate years, not to exceed $8,000 per year.  In addition to

17  meeting criteria specified in paragraph (a), a loan recipient

18  at the graduate level shall:

19         1.  Hold a bachelor's degree from any college or

20  university accredited by a regional accrediting association as

21  defined by State Board of Education rule 6A-4003 6A-4.003.

22         2.  Not already hold a teaching certificate resulting

23  from an undergraduate degree in education in an area of

24  critical teacher shortage as designated by the State Board of

25  Education.

26         3.  Not have received an undergraduate forgivable loan

27  as provided for in paragraph (b).

28

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

30         citation of the rule as it appears in the

31         Florida Administrative Code.


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                                         HB 1039, Second Engrossed



  1         Section 20.  Subsections (1) and (2) of section

  2  240.408, Florida Statutes, are amended to read:

  3         240.408  Challenger Astronauts Memorial Undergraduate

  4  Scholarship Trust Fund.--

  5         (1)  There is created the Challenger Astronauts

  6  Memorial Undergraduate Scholarship Trust Fund which shall

  7  receive distributions as provided by s. 320.08058. The

  8  Comptroller shall authorize expenditures from this fund for

  9  Challenger Astronauts Memorial awards pursuant to s. 240.402,

10  and any remaining balances may be expended for

11  education/business partnership programs which involve teacher

12  development strategies pursuant to s. 229.602, upon receipt of

13  vouchers approved by the Department of Education.  The

14  Comptroller shall also authorize expenditures from this fund

15  for Challenger Astronauts Memorial Undergraduate Scholarships

16  for students who participated in this program prior to July 1,

17  1993, provided that such students continue to meet the renewal

18  eligibility requirements that were in effect at the time that

19  their original awards were made.  Any balance therein at the

20  end of any fiscal year shall remain therein and shall be

21  available for carrying out the purposes of these programs.

22         (2)  Matching scholarships may be awarded to math,

23  science, and computer education teachers chosen to participate

24  in the Teacher/Quest Scholarship Program as provided for in

25  the K through 12 Mathematics, Science, and Computer Education

26  Quality Improvement Act.

27

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

29         conform to the repeal of s. 240.402 by s. 11,

30         ch. 97-77, Laws of Florida. Subsection (2) is

31         amended to conform to the repeal of the K


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                                         HB 1039, Second Engrossed



  1         through 12 Mathematics, Science, and Computer

  2         Education Quality Improvement Act by s. 49, ch.

  3         94-232, Laws of Florida.

  4

  5         Section 21.  Subsection (2) of section 240.414, Florida

  6  Statutes, is amended to read:

  7         240.414  Latin American and Caribbean Basin Scholarship

  8  Program.--

  9         (2)  The institutions that are eligible to participate

10  in the scholarship program include the state universities and

11  community colleges authorized by Florida law and any

12  independent institutions eligible to participate in the

13  William L. Boyd, IV, Florida Resident Access Grant Program

14  pursuant to s. 240.605. No college or university may receive

15  more than 25 percent of the funds appropriated in any year.

16  Institutions and the appropriate administrative agency shall

17  seek matching funds from private businesses, public

18  foundations, and other agencies.

19

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

21         redesignation of the Florida Resident Access

22         Grant Program as the William L. Boyd, IV,

23         Florida Resident Access Grant Program by s. 9,

24         ch. 98-71, Laws of Florida, and s. 14, ch.

25         98-398, Laws of Florida.

26

27         Section 22.  Paragraph (a) of subsection (5) of section

28  240.4145, Florida Statutes, is amended to read:

29         240.4145  African and Afro-Caribbean Scholarship

30  Program.--

31


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                                         HB 1039, Second Engrossed



  1         (5)(a)  An institution is eligible to participate under

  2  this section if it is located in this state and is either a

  3  state university, a community college, or an independent

  4  institution eligible to participate in the William L. Boyd,

  5  IV, Florida Resident Access Grant Program.

  6

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

  8         redesignation of the Florida Resident Access

  9         Grant Program as the William L. Boyd, IV,

10         Florida Resident Access Grant Program by s. 9,

11         ch. 98-71, Laws of Florida, and s. 14, ch.

12         98-398, Laws of Florida.

13

14         Section 23.  Paragraph (a) of subsection (4) of section

15  240.498, Florida Statutes, is amended to read:

16         240.498  Florida Education Fund.--

17         (4)  The Florida Education Fund shall be administered

18  by a board of directors, which is hereby established.

19         (a)  The board of directors shall consist of 12

20  members, to be appointed as follows:

21         1.  Two laypersons appointed by the Governor;

22         2.  Two laypersons appointed by the President of the

23  Senate;

24         3.  Two laypersons appointed by the Speaker of the

25  House of Representatives;

26         4.  Two representatives of the State University System

27  appointed by the Board of Regents;

28         5.  Two representatives of the Florida State Community

29  College System appointed by the State Board of Community

30  Colleges; and

31


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                                         HB 1039, Second Engrossed



  1         6.  Two representatives of independent colleges or

  2  universities appointed by the State Board of Independent

  3  Colleges and Universities.

  4

  5  The board of directors may appoint to the board an additional

  6  five members from the private sector for the purpose of

  7  assisting in the procurement of private contributions. Such

  8  members shall serve as voting members of the board.

  9

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

11         redesignation of the State Community College

12         System as the Florida Community College System

13         by s. 15, ch. 98-58, Laws of Florida.

14

15         Section 24.  Section 240.514, Florida Statutes, is

16  amended to read:

17         240.514  Louis de la Parte Florida Mental Health

18  Institute.--There is established the Louis de la Parte Florida

19  Mental Health Institute within the University of South

20  Florida.

21         (1)  The purpose of the institute is to strengthen

22  mental health services throughout the state by providing

23  technical assistance and support services to mental health

24  agencies and mental health professionals.  Such assistance and

25  services shall include:

26         (a)  Technical training and specialized education.

27         (b)  Development, implementation, and evaluation of

28  mental health service programs.

29         (c)  Evaluation of availability and effectiveness of

30  existing mental health services.

31


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                                         HB 1039, Second Engrossed



  1         (d)  Analysis of factors that influence the incidence

  2  and prevalence of mental and emotional disorders.

  3         (e)  Dissemination of information about innovations in

  4  mental health services.

  5         (f)  Consultation on all aspects of program development

  6  and implementation.

  7         (g)  Provisions for direct client services, provided

  8  for a limited period of time either in the institute facility

  9  or in other facilities within the state, and limited to

10  purposes of research or training.

11         (2)  The Department of Health and Rehabilitative

12  Services is authorized to designate the Louis de la Parte

13  Florida Mental Health Institute a treatment facility for the

14  purpose of accepting voluntary and involuntary clients in

15  accordance with institute programs.  Clients to be admitted

16  are exempted from prior screening by a community mental health

17  center.

18         (3)  The institute may provide direct services in

19  coordination with other agencies.  The institute may also

20  provide support services to state agencies through joint

21  programs, collaborative agreements, contracts, and grants.

22         (4)  The institute shall operate under the authority of

23  the President of the University of South Florida and shall

24  employ a mental health professional as director.  The director

25  shall hold a faculty appointment in a college or department

26  related to mental health within the university.  The director

27  has primary responsibility for establishing active liaisons

28  with the community of mental health professionals and other

29  related constituencies in the state and may, with approval of

30  the university president, establish appropriate statewide

31


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                                         HB 1039, Second Engrossed



  1  advisory groups to assist in developing these communication

  2  links.

  3         (5)  The Louis de la Parte Florida Mental Health

  4  Institute is authorized to utilize the pay plan of the State

  5  University System.

  6

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

  8         redesignation of the Florida Mental Health

  9         Institute as the Louis de la Parte Florida

10         Mental Health Institute by s. 3, ch. 96-196,

11         Laws of Florida.

12

13         Section 25.  Paragraph (a) of subsection (9) of section

14  240.551, Florida Statutes, 1998 Supplement, is amended to

15  read:

16         240.551  Florida Prepaid College Program.--

17         (9)  PREPAID COLLEGE PLANS.--At a minimum, the board

18  shall make advance payment contracts available for two

19  independent plans to be known as the community college plan

20  and the university plan. The board may also make advance

21  payment contracts available for a dormitory residence plan.

22         (a)1.  Through the community college plan, the advance

23  payment contract shall provide prepaid registration fees for a

24  specified number of undergraduate semester credit hours not to

25  exceed the average number of hours required for the conference

26  of an associate degree. The cost of participation in the

27  community college plan shall be based primarily on the average

28  current and projected registration fees within the Florida

29  State Community College System and the number of years

30  expected to elapse between the purchase of the plan on behalf

31  of a qualified beneficiary and the exercise of the benefits


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                                         HB 1039, Second Engrossed



  1  provided in the plan by such beneficiary. Qualified

  2  beneficiaries shall bear the cost of any laboratory fees

  3  associated with enrollment in specific courses. Each qualified

  4  beneficiary shall be classified as a resident for tuition

  5  purposes, pursuant to s. 240.1201, regardless of his or her

  6  actual legal residence.

  7         2.  Effective July 1, 1998, the board may provide

  8  advance payment contracts for additional fees delineated in s.

  9  240.35, not to exceed the average number of hours required for

10  the conference of an associate degree, in conjunction with

11  advance payment contracts for registration fees. The cost of

12  purchasing such fees shall be based primarily on the average

13  current and projected fees within the Florida State Community

14  College System and the number of years expected to elapse

15  between the purchase of the plan on behalf of the beneficiary

16  and the exercise of benefits provided in the plan by such

17  beneficiary. Community college plan contracts purchased prior

18  to July 1, 1998, shall be limited to the payment of

19  registration fees as defined in subsection (2).

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 26.  Section 240.6054, Florida Statutes, 1998

27  Supplement, is amended to read:

28         240.6054  Ethics in Business scholarships.--When the

29  Department of Insurance receives a $6 million settlement as

30  specified in the Consent Order of the Treasurer and Insurance

31  Commissioner, case number 18900-96-c, that portion of the $6


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                                         HB 1039, Second Engrossed



  1  million not used to satisfy the requirements of section 18 of

  2  the Consent Order must be transferred from the Insurance

  3  Commissioner's Regulatory Trust Fund to the State Student

  4  Financial Assistance Trust Fund is appropriated from the State

  5  Student Financial Assistance Trust Fund to provide Ethics in

  6  Business scholarships to students enrolled in public community

  7  colleges and independent postsecondary education institutions

  8  eligible to participate in the William L. Boyd, IV, Florida

  9  Resident Access Grant Program under section 240.605. The funds

10  shall be allocated to institutions for scholarships in the

11  following ratio: Two-thirds for community colleges and

12  one-third for eligible independent institutions. The

13  Department of Education shall administer the scholarship

14  program for students attending community colleges and

15  independent institutions. These funds must be allocated to

16  institutions that provide an equal amount of matching funds

17  generated by private donors for the purpose of providing

18  Ethics in Business scholarships. Public funds may not be used

19  to provide the match, nor may funds collected for other

20  purposes. Notwithstanding any other provision of law, the

21  State Board of Administration shall have the authority to

22  invest the funds appropriated under this section. The

23  Department of Education may adopt rules for administration of

24  the program.

25

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

27         redesignation of the Florida Resident Access

28         Grant Program as the William L. Boyd, IV,

29         Florida Resident Access Grant Program by s. 9,

30         ch. 98-71, Laws of Florida, and s. 14, ch.

31         98-398, Laws of Florida.


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                                         HB 1039, Second Engrossed



  1         Section 27.  Subsection (1) of section 240.632, Florida

  2  Statutes, is amended to read:

  3         240.632  Creation of institute.--

  4         (1)  There is hereby created the Florida Martin Luther

  5  King, Jr., Institute for Nonviolence to be established at

  6  Miami-Dade Community College by the Florida State Community

  7  College System in conjunction with the State University

  8  System.  The institute shall have an advisory board consisting

  9  of 13 members as follows: the Attorney General, the Chancellor

10  of the State University System, the Commissioner of Education,

11  and 10 members to be appointed by the Governor, such members

12  to represent the population of the state based on its ethnic,

13  gender, and socioeconomic diversity.  Of the members appointed

14  by the Governor, one shall be a member of the Senate appointed

15  by the Governor on the recommendation of the President of the

16  Senate; one shall be a member of the Senate appointed by the

17  Governor on the recommendation of the minority leader; one

18  shall be a member of the House of Representatives appointed by

19  the Governor on the recommendation of the Speaker of the House

20  of Representatives; one shall be a member of the House of

21  Representatives appointed by the Governor on the

22  recommendation of the minority leader; and six shall be

23  members appointed by the Governor, no more than three of whom

24  shall be members of the same political party.  The following

25  groups shall be represented by the six members:  the Florida

26  Sheriffs Association; the Florida Association of Counties; the

27  Florida League of Cities; human services agencies; community

28  relations or human relations councils; and youth.  A

29  chairperson shall be elected by the members and shall serve

30  for a term of 3 years.  Members of the board shall serve the

31  following terms of office which shall be staggered:


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                                         HB 1039, Second Engrossed



  1         (a)  A member of the Legislature appointed to the board

  2  shall serve for a single term not to exceed 5 years and shall

  3  serve as a member only while he or she is a member of the

  4  Legislature.

  5         (b)  Of the six members who are not members of the

  6  Legislature, three shall serve for terms of 4 years, two shall

  7  serve for terms of 3 years, and one shall serve for a term of

  8  1 year.  Thereafter, each member, except for a member

  9  appointed to fill an unexpired term, shall serve for a 5-year

10  term.  No member shall serve on the board for more than 10

11  years.

12

13  In the event of a vacancy occurring in the office of a member

14  of the board by death, resignation, or otherwise, the Governor

15  shall appoint a successor to serve for the balance of the

16  unexpired term.

17

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

19         redesignation of the State Community College

20         System as the Florida Community College System

21         by s. 15, ch. 98-58, Laws of Florida.

22

23         Section 28.  Subsection (1) of section 242.3305,

24  Florida Statutes, is amended to read:

25         242.3305  Florida School for the Deaf and the Blind;

26  responsibilities and mission.--

27         (1)  The Florida School for the Deaf and the Blind is a

28  state-supported residential school for hearing-impaired and

29  visually impaired students in preschool through 12th grade.

30  The school is a part of the state system of public education

31  and shall be funded through the Division of Public Schools and


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                                         HB 1039, Second Engrossed



  1  Community Education of the Department of Education. The school

  2  shall provide educational programs and support services

  3  appropriate to meet the education and related evaluation and

  4  counseling needs of hearing-impaired and visually impaired

  5  students in the state who meet enrollment criteria. Education

  6  services may be provided on an outreach basis for

  7  sensory-impaired children ages 0 through 5 years and their

  8  parents. Graduates of the Florida School for the Deaf and the

  9  Blind shall be eligible for the William L. Boyd, IV, Florida

10  Resident Access Grant Program as provided in s. 240.605.

11

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

13         redesignation of the Florida Resident Access

14         Grant Program as the William L. Boyd, IV,

15         Florida Resident Access Grant Program by s. 9,

16         ch. 98-71, Laws of Florida, and s. 14, ch.

17         98-398, Laws of Florida.

18

19         Section 29.  Paragraph (r) of subsection (1) of section

20  246.041, Florida Statutes, 1998 Supplement, is amended to

21  read:

22         246.041  Powers and duties of board.--

23         (1)  The board shall:

24         (r)  Provide information and documentation on an annual

25  basis to the Office of Student Financial Assistance of the

26  Department of Education regarding the requirements set forth

27  for nonpublic colleges in s. 240.605, relating to William L.

28  Boyd, IV, Florida resident access grants, s. 240.6055,

29  relating to access grants for community college graduates, and

30  s. 240.609, relating to Florida postsecondary endowment

31  grants.


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                                         HB 1039, Second Engrossed



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

  2         redesignation of the Florida Resident Access

  3         Grant Program as the William L. Boyd, IV,

  4         Florida Resident Access Grant Program by s. 9,

  5         ch. 98-71, Laws of Florida, and s. 14, ch.

  6         98-398, Laws of Florida.

  7

  8         Section 30.  Section 250.46, Florida Statutes, is

  9  amended to read:

10         250.46  Salaried employees not entitled to additional

11  pay.--Officers and enlisted personnel of the militia employed

12  by the military Department of Military Affairs of the state,

13  who receive monthly salaries from the state for military

14  duties, shall not be entitled to any other pay from the state

15  for military service of any character; provided, that the

16  provisions of this section shall not prohibit any officer or

17  enlisted person from receiving pay from the United States for

18  participation in maneuvers, camps, field service, or other

19  service or duty.

20

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

22         redesignation of the military department as the

23         Department of Military Affairs by s. 2, ch.

24         73-93, Laws of Florida.

25

26         Section 31.  Subsection (4) of section 252.939, Florida

27  Statutes, 1998 Supplement, is amended to read:

28         252.939  Fees.--

29         (4)  If the Legislature directs the department to seek

30  authority to implement and enforce s. 112(r)(7) of the Clean

31  Air Act for additional stationary sources, the department


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                                         HB 1039, Second Engrossed



  1  shall, with the advice advise of the commission, review and

  2  suggest revisions, if necessary and appropriate, to the fees

  3  specified in this section.

  4

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

  6

  7         Section 32.  Subsection (15) of section 253.025,

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

  9         253.025  Acquisition of state lands for purposes other

10  than preservation, conservation, and recreation.--

11         (15)  Pursuant to s. 944.10, the Department of

12  Corrections is responsible for obtaining appraisals and

13  entering into option agreements and agreements for the

14  purchase of state correctional facility sites. An option

15  agreement or agreement for purchase is not binding upon the

16  state until it is approved by the Board of Trustees of the

17  Internal Improvement Trust Fund. The provisions of paragraphs

18  (6)(b) (7)(b), (c), and (d) and (7)(b) (8)(b), (c), and (d)

19  apply to all appraisals, offers, and counteroffers of the

20  Department of Corrections for state correctional facility

21  sites.

22

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

24         redesignation of subunits of s. 253.025 by s.

25         2, ch. 94-240, Laws of Florida.

26

27         Section 33.  Paragraph (a) of subsection (1) of section

28  255.05, Florida Statutes, 1998 Supplement, is amended to read:

29         255.05  Bond of contractor constructing public

30  buildings; form; action by materialmen.--

31


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                                         HB 1039, Second Engrossed



  1         (1)(a)  Any person entering into a formal contract with

  2  the state or any county, city, or political subdivision

  3  thereof, or other public authority, for the construction of a

  4  public building, for the prosecution and completion of a

  5  public work, or for repairs upon a public building or public

  6  work shall be required, before commencing the work or before

  7  recommencing the work after a default or abandonment, to

  8  execute, deliver to the public owner, and record in the public

  9  records of the county where the improvement is located, a

10  payment and performance bond with a surety insurer authorized

11  to do business in this state as surety. The bond must state on

12  its front page: the name, principal business address, and

13  phone number of the contractor, the surety, the owner of the

14  property being improved, and, if different from the owner, the

15  contracting public entity; the contract number assigned by the

16  contracting public entity; and a description of the project

17  sufficient to identify it, including, if applicable, a legal

18  description and the street address of the property being

19  improved, and a general description of the improvement. Such

20  bond shall be conditioned that the contractor perform the

21  contract in the time and manner prescribed in the contract and

22  promptly make payments to all persons defined in s. 713.01

23  whose claims derive directly or indirectly from the

24  prosecution of the work provided for in the contract. Any

25  claimant may apply to the governmental entity having charge of

26  the work for copies of the contract and bond and shall

27  thereupon be furnished with a certified copy of the contract

28  and bond. The claimant shall have a right of action against

29  the contractor and surety for the amount due him or her,

30  including unpaid finance charges due under the claimant's

31  contract. Such action shall not involve the public authority


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                                         HB 1039, Second Engrossed



  1  in any expense.  When such work is done for the state and the

  2  contract is for $100,000 or less, no payment and performance

  3  bond shall be required. At the discretion of the official or

  4  board awarding such contract when such work is done for any

  5  county, city, political subdivision, or public authority, any

  6  person entering into such a contract which is for $200,000 or

  7  less may be exempted from executing the payment and

  8  performance bond. When such work is done for the state, the

  9  Secretary director of the Department of Management Services

10  may delegate to state agencies the authority to exempt any

11  person entering into such a contract amounting to more than

12  $100,000 but less than $200,000 from executing the payment and

13  performance bond. In the event such exemption is granted, the

14  officer or officials shall not be personally liable to persons

15  suffering loss because of granting such exemption. The

16  Department of Management Services shall maintain information

17  on the number of requests by state agencies for delegation of

18  authority to waive the bond requirements by agency and project

19  number and whether any request for delegation was denied and

20  the justification for the denial.

21

22  The state shall not be held liable to any laborer,

23  materialman, or subcontractor for any amounts greater than the

24  pro rata share as determined under this section.

25

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

27         title of the head of the Department of

28         Management Services as provided in s. 20.22.

29

30         Section 34.  Subsection (10) of section 259.032,

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


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                                         HB 1039, Second Engrossed



  1         259.032  Conservation and Recreation Lands Trust Fund;

  2  purpose.--

  3         (10)  State, regional, or local governmental agencies

  4  or private entities designated to manage lands under this

  5  section shall develop and adopt, with the approval of the

  6  board of trustees, an individual management plan for each

  7  project designed to conserve and protect such lands and their

  8  associated natural resources. Private sector involvement in

  9  management plan development may be used to expedite the

10  planning process. Beginning fiscal year 1998-1999, individual

11  management plans required by s. 253.034(5) 253.034(4) shall be

12  developed with input from an advisory group.  Members of this

13  advisory group shall include, at a minimum, representatives of

14  the lead land managing agency, comanaging entities, local

15  private property owners, the appropriate soil and water

16  conservation district, a local conservation organization, and

17  a local elected official.  The advisory group shall conduct at

18  least one public hearing within the county in which the parcel

19  or project is located.  Notice of such public hearing shall be

20  posted on the parcel or project designated for management,

21  advertised in a paper of general circulation, and announced at

22  a scheduled meeting of the local governing body before the

23  actual public hearing.  The management prospectus required

24  pursuant to paragraph (9)(b) shall be available to the public

25  for a period of 30 days prior to the public hearing.  Once a

26  plan is adopted, the managing agency or entity shall update

27  the plan at least every 5 years in a form and manner

28  prescribed by rule of the board of trustees. Such plans may

29  include transfers of leasehold interests to appropriate

30  conservation organizations designated by the Land Management

31  Advisory Council for uses consistent with the purposes of the


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                                         HB 1039, Second Engrossed



  1  organizations and the protection, preservation, and proper

  2  management of the lands and their resources. Volunteer

  3  management assistance is encouraged, including, but not

  4  limited to, assistance by youths participating in programs

  5  sponsored by state or local agencies, by volunteers sponsored

  6  by environmental or civic organizations, and by individuals

  7  participating in programs for committed delinquents and

  8  adults. For each project for which lands are acquired after

  9  July 1, 1995, an individual management plan shall be adopted

10  and in place no later than 1 year after the essential parcel

11  or parcels identified in the annual Conservation and

12  Recreation Lands report prepared pursuant to s. 259.035(2)(a)

13  have been acquired. Beginning in fiscal year 1998-1999, the

14  Department of Environmental Protection shall distribute only

15  75 percent of the acquisition funds to which a budget entity

16  or water management district would otherwise be entitled from

17  the Preservation 2000 Trust Fund to any budget entity or any

18  water management district that has more than one-third of its

19  management plans overdue.

20         (a)  Individual management plans shall conform to the

21  appropriate policies and guidelines of the state land

22  management plan and shall include, but not be limited to:

23         1.  A statement of the purpose for which the lands were

24  acquired, the projected use or uses as defined in s. 253.034,

25  and the statutory authority for such use or uses.

26         2.  Key management activities necessary to preserve and

27  protect natural resources and restore habitat, and for

28  controlling the spread of nonnative plants and animals, and

29  for prescribed fire and other appropriate resource management

30  activities.

31


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                                         HB 1039, Second Engrossed



  1         3.  A specific description of how the managing agency

  2  plans to identify, locate, protect, and preserve, or otherwise

  3  use fragile, nonrenewable natural and cultural resources.

  4         4.  A priority schedule for conducting management

  5  activities, based on the purposes for which the lands were

  6  acquired.

  7         5.  A cost estimate for conducting priority management

  8  activities, to include recommendations for cost-effective

  9  methods of accomplishing those activities.

10         6.  A cost estimate for conducting other management

11  activities which would enhance the natural resource value or

12  public recreation value for which the lands were acquired. The

13  cost estimate shall include recommendations for cost-effective

14  methods of accomplishing those activities.

15         7.  A determination of the public uses that would be

16  consistent with the purposes for which the lands were

17  acquired.

18         (b)  The Division of State Lands shall submit a copy of

19  each individual management plan for parcels which exceed 160

20  acres in size to each member of the Land Management Advisory

21  Council. The council shall, within 60 days after receiving a

22  plan from the division, review each plan for compliance with

23  the requirements of this subsection and with the requirements

24  of the rules established by the board pursuant to this

25  subsection. The council shall also consider the propriety of

26  the recommendations of the managing agency with regard to the

27  future use or protection of the property. After its review,

28  the council shall submit the plan, along with its

29  recommendations and comments, to the board of trustees. The

30  council shall specifically recommend to the board of trustees

31


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                                         HB 1039, Second Engrossed



  1  whether to approve the plan as submitted, approve the plan

  2  with modifications, or reject the plan.

  3         (c)  The board of trustees shall consider the

  4  individual management plan submitted by each state agency and

  5  the recommendations of the Land Management Advisory Council

  6  and the Division of State Lands and shall approve the plan

  7  with or without modification or reject such plan. The use or

  8  possession of any lands owned by the board of trustees which

  9  is not in accordance with an approved individual management

10  plan is subject to termination by the board of trustees.

11

12  By July 1 of each year, each governmental agency, including

13  the water management districts, and each private entity

14  designated to manage lands shall report to the Secretary of

15  Environmental Protection on the progress of funding, staffing,

16  and resource management of every project for which the agency

17  or entity is responsible.

18

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

20         location of provisions requiring submittal of

21         land management plans in s. 253.034(5).

22         Section 253.034(4) provides for limitation to

23         reasonable use for management agreements,

24         leases, and other instruments authorizing the

25         use of board lands.

26

27         Section 35.  Paragraphs (a) and (b) of subsection (6)

28  and paragraph (f) of subsection (9) of section 259.101,

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

30         259.101  Florida Preservation 2000 Act.--

31         (6)  DISPOSITION OF LANDS.--


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                                         HB 1039, Second Engrossed



  1         (a)  Any lands acquired pursuant to paragraph (3)(a),

  2  paragraph (3)(c), paragraph (3)(d), paragraph (3)(e),

  3  paragraph (3)(f), or paragraph (3)(g), if title to such lands

  4  is vested in the Board of Trustees of the Internal Improvement

  5  Trust Fund, may be disposed of by the Board of Trustees of the

  6  Internal Improvement Trust Fund in accordance with the

  7  provisions and procedures set forth in s. 253.034(6)

  8  253.034(5), and lands acquired pursuant to paragraph (3)(b)

  9  may be disposed of by the owning water management district in

10  accordance with the procedures and provisions set forth in ss.

11  373.056 and 373.089 provided such disposition also shall

12  satisfy the requirements of paragraphs (b) and (c).

13         (b)  Before land can be determined to be of no further

14  benefit to the public as required by s. 253.034(6) 253.034(5),

15  or to be no longer required for its purposes under s.

16  373.056(4), whichever may be applicable, there shall first be

17  a determination by the Board of Trustees of the Internal

18  Improvement Trust Fund, or, in the case of water management

19  district lands, by the owning water management district, that

20  such land no longer needs to be preserved in furtherance of

21  the intent of the Florida Preservation 2000 Act. Any lands

22  eligible to be disposed of under this procedure also may be

23  used to acquire other lands through an exchange of lands,

24  provided such lands obtained in an exchange are described in

25  the same paragraph of subsection (3) as the lands disposed.

26         (9)

27         (f)1.  Pursuant to subsection (3) and beginning in

28  fiscal year 1999-2000, that portion of the unencumbered

29  balances of each program described in paragraphs (3)(c), (d),

30  (e), (f), and (g) which has been on deposit in such program's

31  Preservation 2000 account for more than two fiscal years shall


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                                         HB 1039, Second Engrossed



  1  be redistributed equally to the Department of Environmental

  2  Protection, Division of State Lands P2000 sub account for the

  3  purchase of State Lands as described in s. 259.032 and Water

  4  Management District P2000 sub account for the purchase of

  5  Water Management Lands pursuant to ss. 373.456, 373.4592 and

  6  373.59. For the purposes of this subsection, the term

  7  "unencumbered balances" means the portion of Preservation 2000

  8  bond proceeds which is not obligated through the signing of a

  9  purchase contract between a public agency and a private

10  landowner, except that the program described in paragraph

11  (3)(c) may not lose any portion of its unencumbered funds

12  which remain unobligated because of extraordinary

13  circumstances that hampered the affected local governments'

14  abilities to close on land acquisition projects approved

15  through the Florida Communities Trust program.  Extraordinary

16  circumstances shall be determined by the Florida Communities

17  Trust governing body and may include such things as death or

18  bankruptcy of the owner of property; a change in the land use

19  designation of the property; natural disasters that affected a

20  local government's ability to consummate the sales contract on

21  such property; or any other condition that the Florida

22  Communities Trust governing board determined to be

23  extraordinary. The portion of the funds deposited in the Water

24  Management Lands Trust Fund shall be distributed to the water

25  management districts as provided in s. 373.59(8) 373.59(7).

26         2.  The department and the water management districts

27  may enter into joint acquisition agreements to jointly fund

28  the purchase of lands using alternatives to fee simple

29  techniques.

30

31


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                                         HB 1039, Second Engrossed



  1         Reviser's note.--Paragraphs (6)(a) and (b) are

  2         amended to conform to the redesignation of s.

  3         253.034(5) as s. 253.034(6) by s. 3, ch.

  4         97-164, Laws of Florida.  Paragraph (9)(f) is

  5         amended to conform to the location of

  6         provisions allocating moneys from the Water

  7         Management Lands Trust Fund to the districts in

  8         s. 373.59(8).  Section 373.59(7) provides for

  9         accumulation of a district's unused funds.

10

11         Section 36.  Paragraph (d) of subsection (3) of section

12  260.016, Florida Statutes, 1998 Supplement, is amended to

13  read:

14         260.016  General powers of the department.--

15         (3)  The department or its designee is authorized to

16  negotiate with potentially affected private landowners as to

17  the terms under which such landowners would consent to the

18  public use of their lands as part of the greenways and trails

19  system. The department shall be authorized to agree to

20  incentives for a private landowner who consents to this public

21  use of his or her lands for conservation or recreational

22  purposes, including, but not limited to, the following:

23         (d)  At the option of the landowner, acceleration of

24  the acquisition process or higher consideration in the ranking

25  process when any lands owned owed by the landowner are under

26  consideration for acquisition by the state or other unit of

27  government.

28

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

30         facilitate correct interpretation.

31


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                                         HB 1039, Second Engrossed



  1         Section 37.  Section 266.0016, Florida Statutes, is

  2  reenacted to read:

  3         266.0016  Powers of the board.--The department shall

  4  monitor the effectiveness of all programs of the board and

  5  oversee the board to ensure that it complies with state laws

  6  and rules.  The board is the governing body and shall exercise

  7  those powers delegated to it by the department.  These

  8  delegated powers shall include, but not be limited to, the

  9  power to:

10         (1)  Select and hire a manager, subject to final

11  approval of the department, who shall report to the board and

12  who shall be a member of Selected Exempt Service.

13         (2)  Recommend to the department the salary of the

14  manager within the range permissible under Department of

15  Management Services guidelines.

16         (3)  Adopt a seal and alter it at its pleasure.

17         (4)  Contract and be contracted with, sue and be sued,

18  and plead and be impleaded in all courts, with the approval of

19  the department and the Department of Legal Affairs.

20         (5)  Establish an office in or near the City of

21  Pensacola for the conduct of its affairs.

22         (6)  Acquire, hold, lease, and dispose of personal

23  property or any interest therein for its authorized purpose.

24         (7)  Plan buildings and improvements; demolish existing

25  structures; and construct, reconstruct, alter, repair, and

26  improve its facilities wherever located.

27         (8)  Employ, subject to the provisions of the Career

28  Service System, employees as may be necessary.

29         (9)  Contract with consulting engineers, architects,

30  accountants, inspectors, attorneys, and such other consultants

31


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                                         HB 1039, Second Engrossed



  1  as may be necessary.  However, consultants must be retained in

  2  the manner provided by ss. 287.055, 287.057, and 287.058.

  3         (10)  Draft a historical plan of development for the

  4  City of Pensacola and Escambia County; and the board may

  5  recommend to the governing body of the City of Pensacola the

  6  creation of a historical district or districts that include

  7  any section or sections of the city containing buildings,

  8  landmarks, sites, or facilities of historical value and having

  9  an overall atmosphere of architectural or historical

10  distinction, or both. Such facilities having historical value

11  must be designated by the board based on criteria of

12  historical evaluation established by the National Trust for

13  Historic Preservation or another recognized professional

14  historical group.

15         (11)  Contract with any agency of the state, the

16  Federal Government, the City of Pensacola, the County of

17  Escambia, or any firm or corporation with respect to the

18  establishment, construction, and operation of the facilities

19  of the board in or near the City of Pensacola.

20         (12)  Make and enter into all contracts or agreements

21  with private individuals, corporations, organizations,

22  historical societies, and others with reference to facilities

23  and enter into contracts and agreements which are necessary to

24  the performance of its duties or the execution of its powers

25  under ss. 266.0011-266.0018.

26         (13)  Engage in any lawful business or activity to

27  establish, maintain, and operate the facilities contemplated

28  by ss. 266.0011-266.0018, including:

29         (a)  The renting or leasing for revenue of any land,

30  improved or restored real estate, or personal property

31  directly related to carrying out the purposes for which the


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                                         HB 1039, Second Engrossed



  1  board is created, under terms and conditions deemed by the

  2  board to be in the best interest of the state.

  3         (b)  The selling of craft products created through the

  4  operation and demonstration of historical museums, craft

  5  shops, and other facilities.

  6         (c)  The limited selling of merchandise relating to the

  7  historical and antiquarian period of Pensacola and its

  8  surrounding territory.

  9         (14)  Fix and collect charges for admission to any of

10  the facilities operated and maintained by the board under the

11  provisions of ss. 266.0011-266.0018 and adopt and enforce

12  reasonable rules to govern the conduct of the visiting public.

13         (15)  Cooperate and coordinate all its activities with

14  any statewide commission and participate in any overall

15  statewide plan of historical development.

16         (16)  Cooperate and coordinate its activities with any

17  national project of historical development and with any other

18  agency, state, local, or national, undertaking historical

19  objectives if they are not in conflict with the objectives of

20  the board.

21         (17)  Research, prepare, publish, and procure books,

22  reports, articles, pamphlets, brochures, documents, maps,

23  photographs, films, sound recordings, and other products of a

24  similar nature in fulfillment of its purpose and function for

25  use by the board or for use by or distribution to any person

26  or entity, public or private, with or without charge or

27  profit.

28         (18)  Perform all lawful acts necessary and convenient

29  and incident to the effectuating of its function and purpose.

30

31


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                                         HB 1039, Second Engrossed



  1  Any power delegated by the department pursuant to this section

  2  may be revoked by the department at any time if, in the

  3  department's determination, the board is not exercising a

  4  delegated power in accordance with department rules and

  5  policies or in the best interest of the state.

  6

  7         Reviser's note.--Section 105, ch. 92-279, Laws

  8         of Florida, purported to amend subsection (2)

  9         of s. 266.0016, but did not set out in full the

10         amended subsection to include the flush left

11         language at the end of the section.  In the

12         absence of affirmative evidence that the

13         Legislature intended to repeal the omitted

14         material, s. 266.0016 is reenacted to confirm

15         that the omission was not intended.

16

17         Section 38.  Section 270.10, Florida Statutes, is

18  amended to read:

19         270.10  Sections not to impair law relative to

20  homesteads, preemptions, or grants of lands for certain

21  purposes.--Sections 270.07 and 270.08 270.07-270.09 shall in

22  nowise impair the law of the state relative to homesteads or

23  preemptions, or the law relative to the granting of lands for

24  the construction of highways, public roads and canals.

25

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

27         repeal of s. 270.09 by s. 513, ch. 94-356, Laws

28         of Florida.

29

30         Section 39.  Subsection (2) of section 280.09, Florida

31  Statutes, is amended to read:


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                                         HB 1039, Second Engrossed



  1         280.09  Public Deposits Trust Fund.--

  2         (2)  The Treasurer is authorized to pay any losses to

  3  public depositors from the fund, and there are hereby

  4  appropriated from the fund such sums as may be necessary from

  5  time to time to pay the losses. The term "losses," for

  6  purposes of this chapter, shall also include losses of

  7  interest or other accumulations to the public depositor as a

  8  result of penalties for early withdrawal required by

  9  Depository Institution Deregulatory Commission Regulations or

10  applicable successor federal laws or regulations because of

11  suspension or disqualification of a qualified public

12  depository by the Treasurer pursuant to s. 280.05(20)

13  280.05(3) or because of withdrawal from the public deposits

14  program pursuant to s. 280.11.  In that event, the Treasurer

15  is authorized to assess against the suspended, disqualified,

16  or withdrawing public depository, in addition to any amount

17  authorized by any other provision of this chapter, an

18  administrative penalty equal to the amount of the early

19  withdrawal penalty and to pay that amount over to the public

20  depositor as reimbursement for such loss.  Any money in the

21  fund estimated not to be needed for immediate cash

22  requirements shall be invested pursuant to s. 18.125.

23

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

25         redesignation of s. 280.05(3) as s. 280.05(20)

26         by s. 14, ch. 98-409, Laws of Florida.

27

28         Section 40.  Subsection (3) of section 280.11, Florida

29  Statutes, is amended to read:

30         280.11  Withdrawal from public deposits program; return

31  of pledged collateral.--


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                                         HB 1039, Second Engrossed



  1         (3)  A qualified public depository which is required to

  2  withdraw from the public deposits program pursuant to s.

  3  280.05(1)(b) 280.05(6)(b) shall not receive or retain public

  4  deposits after the effective date of withdrawal. The

  5  contingent liability, required collateral, and reporting

  6  requirements of the withdrawing depository shall continue

  7  until the effective date of withdrawal. Notice of withdrawal

  8  (order of discontinuance) from the Treasurer shall be mailed

  9  to the qualified public depository by registered or certified

10  mail. Penalties incurred because of withdrawal from the public

11  deposits program shall be the responsibility of the

12  withdrawing depository.

13

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

15         redesignation of s. 280.05(6)(b) as s.

16         280.05(1)(b) by s. 14, ch. 98-409, Laws of

17         Florida.

18

19         Section 41.  Section 281.05, Florida Statutes, 1998

20  Supplement, is amended to read:

21         281.05  Ex officio agents.--The Department of Highway

22  Safety and Motor Vehicles, the Department of Law Enforcement,

23  and law enforcement officers of counties and municipalities

24  are ex officio agents of the Department of Management Services

25  and may, when authorized by the department, enforce rules and

26  laws applicable to the powers and duties of the department to

27  provide and maintain the security required by ss.

28  281.02-281.08 281.02-281.09.

29

30

31


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                                         HB 1039, Second Engrossed



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

  2         repeal of s. 281.09 by s. 45, ch. 98-34, Laws

  3         of Florida.

  4

  5         Section 42.  Section 281.06, Florida Statutes, 1998

  6  Supplement, is amended to read:

  7         281.06  Contracts with counties, municipalities, or

  8  licensed private security agencies.--The Department of

  9  Management Services may contract with any county,

10  municipality, or licensed private security agency to provide

11  and maintain the security of state-owned or state-leased

12  property required by ss. 281.02-281.08 281.02-281.09 upon such

13  terms as the department may deem to be in the best interest of

14  the state.

15

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

17         repeal of s. 281.09 by s. 45, ch. 98-34, Laws

18         of Florida.

19

20         Section 43.  Section 281.07, Florida Statutes, is

21  amended to read:

22         281.07  Rules; Division of Capitol Police; traffic

23  regulation.--

24         (1)  The Department of Management Services shall adopt

25  and promulgate rules to govern the administration, operation,

26  and management of the Division of Capitol Police and to

27  regulate traffic and parking on state-owned or state-leased

28  property, which rules are not in conflict with any state law

29  or county or municipal ordinance, and to carry out the

30  provisions of ss. 281.02-281.08 281.02-281.09.

31


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                                         HB 1039, Second Engrossed



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

  2         deletion of the Division of Capitol Police in

  3         the reorganization of the Department of

  4         Management Services by s. 3, ch. 97-296, Laws

  5         of Florida, and to conform to the repeal of s.

  6         281.09 by s. 45, ch. 98-34, Laws of Florida.

  7

  8         Section 44.  Subsection (1) of section 281.08, Florida

  9  Statutes, 1998 Supplement, is amended to read:

10         281.08  Equipment.--

11         (1)  The Department of Management Services is

12  specifically authorized to purchase, sell, trade, rent, lease,

13  and maintain all necessary equipment, uniforms, motor

14  vehicles, communication systems, housing facilities, and

15  office space, and perform any other acts necessary for the

16  proper administration and enforcement of ss. 281.02-281.08

17  281.02-281.09, pursuant to part I of chapter 287.  The

18  department may prescribe a distinctive uniform to be worn by

19  personnel in the performance of their duties pursuant to s.

20  281.02(7) 281.02(3).  The department may prescribe a

21  distinctive emblem to be worn by all agents or guards.

22

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

24         repeal of s. 281.09 by s. 45, ch. 98-34, Laws

25         of Florida, and the redesignation of s.

26         281.02(3) as s. 281.02(7) by s. 6, ch. 84-143,

27         Laws of Florida.

28

29         Section 45.  Section 282.003, Florida Statutes, is

30  amended to read:

31


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                                         HB 1039, Second Engrossed



  1         282.003  Short title.--This part chapter may be cited

  2  as the "Information Resources Management Act of 1997."

  3

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

  5         division of the chapter into parts incident to

  6         the compilation of the Florida Statutes 1997.

  7

  8         Section 46.  Subsection (8) of section 282.005, Florida

  9  Statutes, is amended to read:

10         282.005  Legislative findings and intent.--The

11  Legislature finds that:

12         (8)  To ensure the best management of the state's

13  information technology resources, and notwithstanding other

14  provisions of law to the contrary, the functions of

15  information resources management are hereby assigned to the

16  Board of Regents as the agency responsible for the development

17  and implementation of policy, planning, management,

18  rulemaking, standards, and guidelines for the State University

19  System; to the State Board of Community Colleges as the agency

20  responsible for establishing and developing rules and policies

21  for the Florida State Community College System; to the Supreme

22  Court, for the judicial branch; and to each state attorney and

23  public defender.

24

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

26         redesignation of the State Community College

27         System as the Florida Community College System

28         by s. 15, ch. 98-58, Laws of Florida.

29

30         Section 47.  Section 282.101, Florida Statutes, is

31  amended to read:


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                                         HB 1039, Second Engrossed



  1         282.101  Construction of terms, "communications" or

  2  "communications system."--Any reference in this part chapter

  3  to "communications" or "communications system" means any

  4  transmission, emission, and reception of signs, signals,

  5  writings, images, and sounds of intelligence of any nature by

  6  wire, radio, optical, or other electromagnetic systems and

  7  includes all facilities and equipment owned, leased, or used

  8  by all agencies and political subdivisions of state

  9  government.

10

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

12         division of the chapter into parts incident to

13         the compilation of the Florida Statutes 1997.

14

15         Section 48.  Paragraph (b) of subsection (1) of section

16  282.20, Florida Statutes, is amended to read:

17         282.20  Technology Resource Center.--

18         (1)

19         (b)  For the purposes of this section, the term:

20         1.  "Department" means the Department of Management

21  Services.

22         2.  "Division" means the Division of Information

23  Services of the Department of Management Services.

24         3.  "Information-system utility" means a full-service

25  information-processing facility offering hardware, software,

26  operations, integration, networking, and consulting services.

27         4.  "Customer" means a state agency or other entity

28  which is authorized to utilize the SUNCOM Network pursuant to

29  this part chapter.

30

31


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                                         HB 1039, Second Engrossed



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

  2         division of the chapter into parts incident to

  3         the compilation of the Florida Statutes 1997.

  4

  5         Section 49.  Subsection (2) of section 282.22, Florida

  6  Statutes, is amended to read:

  7         282.22  Department of Management Services production

  8  and dissemination of materials and products.--

  9         (2)  To accomplish this objective the department is

10  authorized to publish, produce, or have produced materials and

11  products and to make them readily available for appropriate

12  use. The department is authorized to charge an amount adequate

13  to cover the essential cost of producing and disseminating

14  such materials and products and is authorized to sell copies

15  for use to any entity who is authorized to utilize the SUNCOM

16  Network pursuant to this part chapter and to the public.

17

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

19         division of the chapter into parts incident to

20         the compilation of the Florida Statutes 1997.

21

22         Section 50.  Section 282.3031, Florida Statutes, is

23  amended to read:

24         282.3031  Assignment of information resources

25  management responsibilities.--For purposes of ss.

26  282.303-282.322, to ensure the best management of state

27  information technology resources, and notwithstanding other

28  provisions of law to the contrary, the functions of

29  information resources management are hereby assigned to the

30  Board of Regents as the agency responsible for the development

31  and implementation of policy, planning, management,


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                                         HB 1039, Second Engrossed



  1  rulemaking, standards, and guidelines for the State University

  2  System; to the State Board of Community Colleges as the agency

  3  responsible for establishing and developing rules and policies

  4  for the Florida State Community College System; to the Supreme

  5  Court for the judicial branch; and to each state attorney and

  6  public defender.

  7

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

  9         redesignation of the State Community College

10         System as the Florida Community College System

11         by s. 15, ch. 98-58, Laws of Florida.

12

13         Section 51.  Section 282.3041, Florida Statutes, is

14  amended to read:

15         282.3041  State agency responsibilities.--The head of

16  each state agency is responsible and accountable for

17  information resources management within the agency in

18  accordance with legislative intent and as defined in this part

19  chapter.

20

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

22         division of the chapter into parts incident to

23         the compilation of the Florida Statutes 1997.

24

25         Section 52.  Subsection (2) of section 282.310, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         282.310  State Annual Report on Information Resources

28  Management.--

29         (2)  The State Annual Report on Information Resources

30  Management shall contain, at a minimum, the following:

31


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                                         HB 1039, Second Engrossed



  1         (a)  The state vision for information resources

  2  management.

  3         (b)  A forecast of the state information resources

  4  management priorities and initiatives for the ensuing 2 years.

  5         (c)  A summary of major statewide policies recommended

  6  by the State Technology Council for information resources

  7  management.

  8         (d)  A summary of memoranda issued by the Executive

  9  Office of the Governor.

10         (e)  An assessment of the overall progress on state

11  information resources management initiatives and priorities

12  for the past fiscal year.

13         (f)  A summary of major statewide issues related to

14  improving information resources management by the state.

15         (g)  An inventory list, by major categories, of state

16  information technology resources.

17         (h)  A summary of the total expenditures for

18  information resources management by each state agency.

19         (i)  A summary of the opportunities for government

20  agencies or entities to share information resources management

21  projects or initiatives with other governmental or private

22  sector entities.

23         (j)  A list of the information resources management

24  issues that have been identified as statewide or critical

25  issues for which the State Technology Council could provide

26  leadership or assistance.

27

28  The state annual report shall also include information

29  resources management information from the annual reports

30  prepared by the Board of Regents for the State University

31  System, from the State Board of Community Colleges for the


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                                         HB 1039, Second Engrossed



  1  Florida State Community College System, from the Supreme Court

  2  for the judicial branch, and from the Justice Administrative

  3  Commission on behalf of the state attorneys and public

  4  defenders. Expenditure information shall be taken from each

  5  agency's annual report as well as the annual reports of the

  6  Board of Regents, the State Board of Community Colleges, the

  7  Supreme Court, and the Justice Administrative Commission.

  8

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

10         redesignation of the State Community College

11         System as the Florida Community College System

12         by s. 15, ch. 98-58, Laws of Florida.

13

14         Section 53.  Section 284.31, Florida Statutes, is

15  amended to read:

16         284.31  Scope and types of coverages; separate

17  accounts.--The insurance risk management trust fund shall,

18  unless specifically excluded by the Department of Insurance,

19  cover all departments of the State of Florida and their

20  employees, agents, and volunteers and shall provide separate

21  accounts for workers' compensation, general liability, fleet

22  automotive liability, federal civil rights actions under 42

23  U.S.C. s. 1983 or similar federal statutes, and court-awarded

24  attorney's fees in other proceedings against the state except

25  for such awards in eminent domain or for inverse condemnation

26  or for awards by the Public Employees Relations Commission.

27  Unless specifically excluded by the Department of Insurance,

28  the insurance risk management trust fund shall provide fleet

29  automotive liability coverage to motor vehicles titled to the

30  state, or to any department of the state, when such motor

31  vehicles are used by coordinated community transportation


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                                         HB 1039, Second Engrossed



  1  coordinators providers performing, under contract to the

  2  appropriate department of the state, services for the

  3  transportation disadvantaged under part I of chapter 427. Such

  4  fleet automotive liability coverage shall be primary and shall

  5  be subject to the provisions of s. 768.28 and parts II and III

  6  of chapter 284, and applicable rules adopted thereunder, and

  7  the terms and conditions of the certificate of coverage issued

  8  by the Department of Insurance.

  9

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

11         redesignation of coordinated community

12         transportation providers as community

13         transportation coordinators by s. 1, ch.

14         89-376, Laws of Florida.

15

16         Section 54.  Subsections (3) and (5) of section

17  287.059, Florida Statutes, are amended to read:

18         287.059  Private attorney services.--

19         (3)  An agency requesting approval for the use of

20  private attorney services shall first offer to contract with

21  the Department of Legal Affairs for such attorney services at

22  a cost pursuant to mutual agreement. The Attorney General

23  shall decide on a case-by-case basis to accept or decline to

24  provide such attorney services as staffing, expertise, or

25  other legal or economic considerations warrant.  If the

26  Attorney General declines to provide the requested attorney

27  services, the Attorney General's written approval shall

28  include a statement that the private attorney services

29  requested cannot be provided by the office of the Attorney

30  General or that such private attorney services are

31  cost-effective in the opinion of the Attorney General.  The


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                                         HB 1039, Second Engrossed



  1  Attorney General shall not consider political affiliation in

  2  making such decision.  The office of the Attorney General

  3  shall respond to the request of an agency for prior written

  4  approval within 10 working days after receiving such request.

  5  The Attorney General may request additional information

  6  necessary for evaluation of a request.  The Attorney General

  7  shall respond to the request within 10 working days after

  8  receipt of the requested information. Those agencies exempt

  9  from written approval from the Attorney General, as described

10  in paragraphs (2)(a)-(e) (2)(a)-(f), may contract with the

11  Department of Legal Affairs for attorney services.  The

12  Attorney General shall determine on a case-by-case basis

13  whether to provide such attorney services as staffing,

14  expertise, or other legal considerations warrant.  The

15  Attorney General may adopt, by rule, a form on which agencies

16  requesting written approval for private attorney services

17  shall provide information concerning:

18         (a)  The nature of the attorney services to be provided

19  and the issues involved.

20         (b)  The need for use of private attorneys, rather than

21  agency staff attorneys, utilizing the criteria provided in

22  subsection (8).

23         (c)  The criteria by which the agency selected the

24  private attorney or law firm it proposes to employ, utilizing

25  the criteria provided in subsection (9).

26         (d)  Competitive fees for similar attorney services.

27         (e)  The agency's analysis estimating the number of

28  hours for attorney services, the costs, the total contract

29  amount, and, when appropriate, a risk or cost-benefit

30  analysis.

31


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                                         HB 1039, Second Engrossed



  1         (f)  Which partners, associates, paralegals, research

  2  associates, or other personnel will be used, and how their

  3  time will be billed to the agency.

  4         (g)  Any other information which the Attorney General

  5  deems appropriate for the proper evaluation of the need for

  6  such private attorney services.

  7         (5)  The agency head or a designee shall give written

  8  approval prior to contracting for private attorney services

  9  for all agencies exempt from written approval of the Attorney

10  General as described in paragraphs (2)(a)-(e) (2)(a)-(f).

11

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

13         redesignation of paragraphs (2)(a)-(f) as

14         paragraphs (2)(a)-(e) by ss. 10 and 11, ch.

15         95-222, Laws of Florida.

16

17         Section 55.  Paragraph (a) of subsection (1) of section

18  287.0595, Florida Statutes, 1998 Supplement, is amended to

19  read:

20         287.0595  Pollution response action contracts;

21  department rules.--

22         (1)  The Department of Environmental Protection shall

23  establish, through the promulgation of administrative rules as

24  provided in chapter 120:

25         (a)  Procedures for determining the qualifications of

26  responsible potential bidders prior to advertisement for and

27  receipt of bids for pollution response action contracts,

28  including procedures for the rejection of unqualified bidders.

29  Response actions are those activities described in s.

30  376.301(37) 376.301(35).

31


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                                         HB 1039, Second Engrossed



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

  2         redesignation of the provision containing the

  3         definition of "response action" as s.

  4         376.301(37) by s. 8, ch. 98-189, Laws of

  5         Florida.

  6

  7         Section 56.  Subsection (1) of section 287.064, Florida

  8  Statutes, 1998 Supplement, is amended to read:

  9         287.064  Consolidated financing of deferred-payment

10  purchases.--

11         (1)  The Division of Bond Finance of the State Board of

12  Administration and the Comptroller shall plan and coordinate

13  deferred-payment purchases made by or on behalf of the state

14  or its agencies or by or on behalf of state community colleges

15  participating under this section pursuant to s. 240.319(4)(p)

16  240.319(3)(p).  The Division of Bond Finance shall negotiate

17  and the Comptroller shall execute agreements and contracts to

18  establish master equipment financing agreements for

19  consolidated financing of deferred-payment, installment sale,

20  or lease purchases with a financial institution or a

21  consortium of financial institutions. As used in this act, the

22  term "deferred-payment" includes installment sale and

23  lease-purchase.

24         (a)  The period during which equipment may be acquired

25  under any one master equipment financing agreement shall be

26  limited to not more than 3 years.

27         (b)  Repayment of the whole or a part of the funds

28  drawn pursuant to the master equipment financing agreement may

29  continue beyond the period established pursuant to paragraph

30  (a).

31


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                                         HB 1039, Second Engrossed



  1         (c)  The interest rate component of any master

  2  equipment financing agreement shall be deemed to comply with

  3  the interest rate limitation imposed in s. 287.063 so long as

  4  the interest rate component of every interagency or community

  5  college agreement entered into under such master equipment

  6  financing agreement complies with the interest rate limitation

  7  imposed in s. 287.063. Such interest rate limitation does not

  8  apply when the payment obligation under the master equipment

  9  financing agreement is rated by a nationally recognized rating

10  service in any one of the three highest classifications, which

11  rating services and classifications are determined pursuant to

12  rules adopted by the Comptroller.

13

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

15         redesignation of s. 240.319(3)(p) as s.

16         240.319(4)(p) by ch. 97-246, Laws of Florida.

17

18         Section 57.  Section 287.09431, Florida Statutes, is

19  amended to read:

20         287.09431  Statewide and interlocal agreement on

21  certification of business concerns for the status of minority

22  business enterprise.--The statewide and interlocal agreement

23  on certification of business concerns for the status of

24  minority business enterprise is hereby enacted and entered

25  into with all jurisdictions or organizations legally joining

26  therein. If, within 2 years from the date that the

27  certification core criteria are approved by the Department of

28  Labor and Employment Security, the agreement included herein

29  is not executed by a majority of county and municipal

30  governing bodies that administer a minority business

31  assistance program on the effective date of this act, then the


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                                         HB 1039, Second Engrossed



  1  Legislature shall review this agreement. It is the intent of

  2  the Legislature that if the agreement is not executed by a

  3  majority of the requisite governing bodies, then a statewide

  4  uniform certification process should be adopted, and that said

  5  agreement should be repealed and replaced by a mandatory state

  6  government certification process.

  7

  8                            ARTICLE I

  9

10         PURPOSE, FINDINGS, AND POLICY.--

11         (1)  The parties to this agreement, desiring by common

12  action to establish a uniform certification process in order

13  to reduce the multiplicity of applications by business

14  concerns to state and local governmental programs for minority

15  business assistance, declare that it is the policy of each of

16  them, on the basis of cooperation with one another, to remedy

17  social and economic disadvantage suffered by certain groups,

18  resulting in their being historically underutilized in

19  ownership and control of commercial enterprises. Thus, the

20  parties seek to address this history by increasing the

21  participation of the identified groups in opportunities

22  afforded by government procurement.

23         (2)  The parties find that the State of Florida

24  presently certifies firms for participation in the minority

25  business assistance programs of the state. The parties find

26  further that some counties, municipalities, school boards,

27  special districts, and other divisions of local government

28  require a separate, yet similar, and in most cases redundant

29  certification in order for businesses to participate in the

30  programs sponsored by each government entity.

31


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                                         HB 1039, Second Engrossed



  1         (3)  The parties find further that this redundant

  2  certification has proven to be unduly burdensome to the

  3  minority-owned firms intended to benefit from the underlying

  4  purchasing incentives.

  5         (4)  The parties agree that:

  6         (a)  They will facilitate integrity, stability, and

  7  cooperation in the statewide and interlocal certification

  8  process, and in other elements of programs established to

  9  assist minority-owned businesses.

10         (b)  They shall cooperate with agencies, organizations,

11  and associations interested in certification and other

12  elements of minority business assistance.

13         (c)  It is the purpose of this agreement to provide for

14  a uniform process whereby the status of a business concern may

15  be determined in a singular review of the business information

16  for these purposes, in order to eliminate any undue expense,

17  delay, or confusion to the minority-owned businesses in

18  seeking to participate in the minority business assistance

19  programs of state and local jurisdictions.

20

21                            ARTICLE II

22

23         DEFINITIONS.--As used in this agreement and contracts

24  made pursuant to it, unless the context clearly requires

25  otherwise:

26         (1)  "Awarding organization" means any political

27  subdivision or organization authorized by law, ordinance, or

28  agreement to enter into contracts and for which the governing

29  body has entered into this agreement.

30         (2)  "Department" means the Department of Labor and

31  Employment Security.


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                                         HB 1039, Second Engrossed



  1         (3)  "Minority" means a person who is a lawful,

  2  permanent resident of the state, having origins in one of the

  3  minority groups as described and adopted by the Department of

  4  Labor and Employment Security, hereby incorporated by

  5  reference.

  6         (4)  "Minority business enterprise" means any small

  7  business concern as defined in subsection (6) (5) that meets

  8  all of the criteria described and adopted by the Department of

  9  Labor and Employment Security, hereby incorporated by

10  reference.

11         (5)  "Participating state or local organization" means

12  any political subdivision of the state or organization

13  designated by such that elects to participate in the

14  certification process pursuant to this agreement, which has

15  been approved according to s. 287.0943(2) and has legally

16  entered into this agreement.

17         (6)  "Small business concern" means an independently

18  owned and operated business concern which is of a size and

19  type as described and adopted by vote related to this

20  agreement of the commission, hereby incorporated by reference.

21

22                           ARTICLE III

23

24         STATEWIDE AND INTERLOCAL CERTIFICATIONS.--

25         (1)  All awarding organizations shall accept a

26  certification granted by any participating organization which

27  has been approved according to s. 287.0943(2) and has entered

28  into this agreement, as valid status of minority business

29  enterprise.

30         (2)  A participating organization shall certify a

31  business concern that meets the definition of minority


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                                         HB 1039, Second Engrossed



  1  business enterprise in this agreement, in accordance with the

  2  duly adopted eligibility criteria.

  3         (3)  All participating organizations shall issue notice

  4  of certification decisions granting or denying certification

  5  to all other participating organizations within 14 days of the

  6  decision. Such notice may be made through electronic media.

  7         (4)  No certification will be granted without an onsite

  8  visit to verify ownership and control of the prospective

  9  minority business enterprise, unless verification can be

10  accomplished by other methods of adequate verification or

11  assessment of ownership and control.

12         (5)  The certification of a minority business

13  enterprise pursuant to the terms of this agreement shall not

14  be suspended, revoked, or otherwise impaired except on any

15  grounds which would be sufficient for revocation or suspension

16  of a certification in the jurisdiction of the participating

17  organization.

18         (6)  The certification determination of a party may be

19  challenged by any other participating organization by the

20  issuance of a timely written notice by the challenging

21  organization to the certifying organization's determination

22  within 10 days of receiving notice of the certification

23  decision, stating the grounds therefor.

24         (7)  The sole accepted grounds for challenge shall be

25  the failure of the certifying organization to adhere to the

26  adopted criteria or the certifying organization's rules or

27  procedures, or the perpetuation of a misrepresentation or

28  fraud by the firm.

29         (8)  The certifying organization shall reexamine its

30  certification determination and submit written notice to the

31


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                                         HB 1039, Second Engrossed



  1  applicant and the challenging organization of its findings

  2  within 30 days after the receipt of the notice of challenge.

  3         (9)  If the certification determination is affirmed,

  4  the challenging agency may subsequently submit timely written

  5  notice to the firm of its intent to revoke certification of

  6  the firm.

  7

  8                            ARTICLE IV

  9

10         APPROVED AND ACCEPTED PROGRAMS.--Nothing in this

11  agreement shall be construed to repeal or otherwise modify any

12  ordinance, law, or regulation of a party relating to the

13  existing minority business assistance provisions and

14  procedures by which minority business enterprises participate

15  therein.

16

17                            ARTICLE V

18

19         TERM.--The term of the agreement shall be 5 years,

20  after which it may be reexecuted by the parties.

21

22                            ARTICLE VI

23

24         AGREEMENT EVALUATION.--The designated state and local

25  officials may meet from time to time as a group to evaluate

26  progress under the agreement, to formulate recommendations for

27  changes, or to propose a new agreement.

28

29                           ARTICLE VII

30

31


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                                         HB 1039, Second Engrossed



  1         OTHER ARRANGEMENTS.--Nothing in this agreement shall be

  2  construed to prevent or inhibit other arrangements or

  3  practices of any party in order to comply with federal law.

  4

  5                           ARTICLE VIII

  6

  7         EFFECT AND WITHDRAWAL.--

  8         (1)  This agreement shall become effective when

  9  properly executed by a legal representative of the

10  participating organization, when enacted into the law of the

11  state and after an ordinance or other legislation is enacted

12  into law by the governing body of each participating

13  organization. Thereafter it shall become effective as to any

14  participating organization upon the enactment of this

15  agreement by the governing body of that organization.

16         (2)  Any party may withdraw from this agreement by

17  enacting legislation repealing the same, but no such

18  withdrawal shall take effect until one year after the

19  governing body of the withdrawing party has given notice in

20  writing of the withdrawal to the other parties.

21         (3)  No withdrawal shall relieve the withdrawing party

22  of any obligations imposed upon it by law.

23

24                            ARTICLE IX

25

26         FINANCIAL RESPONSIBILITY.--

27         (1)  A participating organization shall not be

28  financially responsible or liable for the obligations of any

29  other participating organization related to this agreement.

30         (2)  The provisions of this agreement shall constitute

31  neither a waiver of any governmental immunity under Florida


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                                         HB 1039, Second Engrossed



  1  law nor a waiver of any defenses of the parties under Florida

  2  law. The provisions of this agreement are solely for the

  3  benefit of its executors and not intended to create or grant

  4  any rights, contractual or otherwise, to any person or entity.

  5

  6                            ARTICLE X

  7

  8         VENUE AND GOVERNING LAW.--The obligations of the

  9  parties to this agreement are performable only within the

10  county where the participating organization is located, and

11  statewide for the Minority Business Advocacy and Assistance

12  Office, and venue for any legal action in connection with this

13  agreement shall lie, for any participating organization except

14  the Minority Business Advocacy and Assistance Office,

15  exclusively in the county where the participating organization

16  is located. This agreement shall be governed by and construed

17  in accordance with the laws and court decisions of the state.

18

19                            ARTICLE XI

20

21         CONSTRUCTION AND SEVERABILITY.--This agreement shall be

22  liberally construed so as to effectuate the purposes thereof.

23  The provisions of this agreement shall be severable and if any

24  phrase, clause, sentence, or provision of this agreement is

25  declared to be contrary to the State Constitution or the

26  United States Constitution, or the application thereof to any

27  government, agency, person, or circumstance is held invalid,

28  the validity of the remainder of this agreement and the

29  applicability thereof to any government, agency, person, or

30  circumstance shall not be affected thereby. If this agreement

31  shall be held contrary to the State Constitution, the


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                                         HB 1039, Second Engrossed



  1  agreement shall remain in full force and effect as to all

  2  severable matters.

  3

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

  5         correct location of the definition of "small

  6         business concern."

  7

  8         Section 58.  Paragraph (c) of subsection (1), paragraph

  9  (b) of subsection (2), paragraphs (a), (e), and (f) of

10  subsection (3), and subsection (4) of section 287.133, Florida

11  Statutes, are amended to read:

12         287.133  Public entity crime; denial or revocation of

13  the right to transact business with public entities.--

14         (1)  As used in this section:

15         (c)  "Convicted vendor list" means the list required to

16  be kept by the department pursuant to paragraph (3)(d) (3)(c).

17         (2)

18         (b)  No public entity shall accept any bid from, award

19  any contract to, or transact any business in excess of the

20  threshold amount provided in s. 287.017 for CATEGORY TWO with

21  any person or affiliate on the convicted vendor list for a

22  period of 36 months from the date that person or affiliate was

23  placed on the convicted vendor list unless that person or

24  affiliate has been removed from the list pursuant to paragraph

25  (3)(f) (3)(e).  No public entity which was transacting

26  business with a person at the time of the commission of a

27  public entity crime which resulted in that person being placed

28  on the convicted vendor list shall accept any bid from, award

29  any contract to, or transact any business with any other

30  person who is under the same, or substantially the same,

31  control as the person whose name appears on the convicted


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                                         HB 1039, Second Engrossed



  1  vendor list so long as that person's name appears on the

  2  convicted vendor list.

  3         (3)(a)  All invitations to bid as defined by s.

  4  287.012(11), requests for proposals as defined by s.

  5  287.012(15) 287.012(16), and any contract document described

  6  by s. 287.058 shall contain a statement informing persons of

  7  the provisions of paragraph (2)(a).

  8         (e)1.  Upon receiving reasonable information from any

  9  source that a person has been convicted, the department shall

10  investigate the information and determine whether good cause

11  exists to place that person or an affiliate of that person on

12  the convicted vendor list.  If good cause exists, the

13  department shall notify the person or affiliate in writing of

14  its intent to place the name of that person or affiliate on

15  the convicted vendor list, and of the person's or affiliate's

16  right to a hearing, the procedure that must be followed, and

17  the applicable time requirements.  If the person or affiliate

18  does not request a hearing, the department shall enter a final

19  order placing the name of the person or affiliate on the

20  convicted vendor list.  No person or affiliate may be placed

21  on the convicted vendor list without receiving an individual

22  notice of intent from the department.

23         2.  Within 21 days of receipt of the notice of intent,

24  the person or affiliate may file a petition for a formal

25  hearing pursuant to ss. 120.569 and 120.57(1) to determine

26  whether it is in the public interest for that person or

27  affiliate to be placed on the convicted vendor list.  A person

28  or affiliate may not file a petition for an informal hearing

29  under s. 120.57(2).  The procedures of chapter 120 shall apply

30  to any formal hearing under this section except where they are

31  in conflict with the following provisions:


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                                         HB 1039, Second Engrossed



  1         a.  The petition shall be filed with the department.

  2  The department shall be a party to the proceeding for all

  3  purposes.

  4         b.  Within 5 days after the filing of the petition, the

  5  department shall notify the Division of Administrative

  6  Hearings of the request for a formal hearing.  The director of

  7  the Division of Administrative Hearings shall, within 5 days

  8  after receipt of notice from the department, assign an

  9  administrative law judge to preside over the proceeding.  The

10  administrative law judge, upon request by a party, may

11  consolidate related proceedings.

12         c.  The administrative law judge shall conduct the

13  formal hearing within 30 days after being assigned, unless

14  otherwise stipulated by the parties.

15         d.  Within 30 days after the formal hearing or receipt

16  of the hearing transcript, whichever is later, the

17  administrative law judge shall enter a final order, which

18  shall consist of findings of fact, conclusions of law,

19  interpretation of agency rules, and any other information

20  required by law or rule to be contained in the final order.

21  Such final order shall place or not place the person or

22  affiliate on the convicted vendor list.

23         e.  The final order of the administrative law judge

24  shall be final agency action for purposes of s. 120.68.

25         f.  At any time after the filing of the petition,

26  informal disposition may be made pursuant to s. 120.57(4).  In

27  that event, the administrative law judge shall enter a final

28  order adopting the stipulation, agreed settlement, or consent

29  order.

30         3.  In determining whether it is in the public interest

31  to place a person or affiliate on the convicted vendor list,


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                                         HB 1039, Second Engrossed



  1  the administrative law judge shall consider the following

  2  factors:

  3         a.  Whether the person or affiliate committed a public

  4  entity crime.

  5         b.  The nature and details of the public entity crime.

  6         c.  The degree of culpability of the person or

  7  affiliate proposed to be placed on the convicted vendor list.

  8         d.  Prompt or voluntary payment of any damages or

  9  penalty as a result of the conviction.

10         e.  Cooperation with state or federal investigation or

11  prosecution of any public entity crime, provided that a good

12  faith exercise of any constitutional, statutory, or other

13  right during any portion of the investigation or prosecution

14  of any public entity crime shall not be considered a lack of

15  cooperation.

16         f.  Disassociation from any other persons or affiliates

17  convicted of the public entity crime.

18         g.  Prior or future self-policing by the person or

19  affiliate to prevent public entity crimes.

20         h.  Reinstatement or clemency in any jurisdiction in

21  relation to the public entity crime at issue in the

22  proceeding.

23         i.  Compliance by the person or affiliate with the

24  notification provisions of paragraph (b) (a).

25         j.  The needs of public entities for additional

26  competition in the procurement of goods and services in their

27  respective markets.

28         k.  Mitigation based upon any demonstration of good

29  citizenship by the person or affiliate.

30         4.  In any proceeding under this section, the

31  department shall be required to prove that it is in the public


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                                         HB 1039, Second Engrossed



  1  interest for the person to whom it has given notice under this

  2  section to be placed on the convicted vendor list. Proof of a

  3  conviction of the person or that one is an affiliate of such

  4  person shall constitute a prima facie case that it is in the

  5  public interest for the person or affiliate to whom the

  6  department has given notice to be put on the convicted vendor

  7  list.  Prompt payment of damages or posting of a bond,

  8  cooperation with investigation, and termination of the

  9  employment or other relationship with the employee or other

10  natural person responsible for the public entity crime shall

11  create a rebuttable presumption that it is not in the public

12  interest to place a person or affiliate on the convicted

13  vendor list.  Status as an affiliate must be proven by clear

14  and convincing evidence. If the administrative law judge

15  determines that the person was not convicted or is not an

16  affiliate of such person, that person or affiliate shall not

17  be placed on the convicted vendor list.

18         5.  Any person or affiliate who has been notified by

19  the department of its intent to place his or her name on the

20  convicted vendor list may offer evidence on any relevant

21  issue. An affidavit alone shall not constitute competent

22  substantial evidence that the person has not been convicted or

23  is not an affiliate of a person so convicted.  Upon

24  establishment of a prima facie case that it is in the public

25  interest for the person or affiliate to whom the department

26  has given notice to be put on the convicted vendor list, that

27  person or affiliate may prove by a preponderance of the

28  evidence that it would not be in the public interest to put

29  him or her on the convicted vendor list, based upon evidence

30  addressing the factors in subparagraph 3.

31


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                                         HB 1039, Second Engrossed



  1         (f)1.  A person on the convicted vendor list may

  2  petition for removal from the list no sooner than 6 months

  3  from the date a final order is entered disqualifying that

  4  person from the public purchasing and contracting process

  5  pursuant to this section, but may petition for removal at any

  6  time if the petition is based upon a reversal of the

  7  conviction on appellate review or pardon.  The petition shall

  8  be filed with the department, and the proceeding shall be

  9  conducted pursuant to the procedures and requirements of this

10  subsection.

11         2.  A person may be removed from the convicted vendor

12  list subject to such terms and conditions as may be prescribed

13  by the administrative law judge upon a determination that

14  removal is in the public interest.  In determining whether

15  removal would be in the public interest, the administrative

16  law judge shall give consideration to any relevant factors,

17  including, but not limited to, the factors identified in

18  subparagraph (e)3. (d)3. Upon proof that a person's conviction

19  has been reversed on appellate review or that he or she has

20  been pardoned, the administrative law judge shall determine

21  that removal of the person or an affiliate of that person from

22  the convicted vendor list is in the public interest.

23         3.  If a petition for removal is denied, the person or

24  affiliate may not petition for another hearing on removal for

25  a period of 9 months after the date of denial, unless the

26  petition is based upon a reversal of the conviction on

27  appellate review or a pardon.  The department may petition for

28  removal prior to the expiration of such period if, in its

29  discretion, it determines that removal would be in the public

30  interest.

31


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                                         HB 1039, Second Engrossed



  1         (4)  The conviction of a person for a public entity

  2  crime, or placement on the convicted vendor list, shall not

  3  affect any rights or obligations under any contract,

  4  franchise, or other binding agreement which predates such

  5  conviction or placement on the convicted vendor list. However,

  6  the administrative law judge in a proceeding instituted under

  7  this section may declare voidable any specific contract,

  8  franchise, or other binding agreement entered into after July

  9  1, 1989, by a person placed on the convicted vendor list and a

10  public entity, but only if the administrative law judge finds

11  as fact that the person to be placed on the list has not

12  satisfied the criteria set forth in sub-subparagraphs

13  (3)(e)3.d. (3)(d)3.d., f., and g.

14

15         Reviser's note.--Paragraphs (1)(c), (2)(b), and

16         (3)(e) and (f) and subsection (4) are amended

17         to conform to the redesignation of subunits of

18         subsection (3) by the reviser incident to the

19         compilation of the Florida Statutes 1995.

20         Paragraph (3)(a) is amended to conform to the

21         redesignation of subunits necessitated by the

22         repeal of former s. 287.012(12) by s. 8, ch.

23         96-236, Laws of Florida.

24

25         Section 59.  Subsection (2) of section 287.151, Florida

26  Statutes, is amended to read:

27         287.151  Limitation on classes of motor vehicles

28  procured.--

29         (2)  No funds in the General Appropriations Act shall

30  be used to purchase any vehicle at prices in excess of the

31


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                                         HB 1039, Second Engrossed



  1  standard prices negotiated by the Division of Purchasing of

  2  the Department of Management Services.

  3

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

  5         deletion of the Division of Purchasing in the

  6         reorganization of the Department of Management

  7         Services by s. 3, ch. 97-296, Laws of Florida.

  8

  9         Section 60.  Subsection (8) of section 287.16, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         287.16  Powers and duties of department.--The

12  Department of Management Services shall have the following

13  powers, duties, and responsibilities:

14         (8)  To require any state agency to keep records and

15  make reports regarding aircraft and motor vehicles to the

16  department as may be required. The Department of Highway

17  Safety and Motor Vehicles may use the reporting system in

18  effect on October 1, 1983, until July 1, 1984. Beginning July

19  1, 1984, The Department of Highway Safety and Motor Vehicles

20  shall use a reporting system approved by the department. The

21  division shall assist the Department of Highway Safety and

22  Motor Vehicles in developing or implementing a reporting

23  system prior to July 1, 1984, which shall specifically address

24  the needs and requirements of the division and the Department

25  of Highway Safety and Motor Vehicles.

26

27         Reviser's note.--Amended to delete provisions

28         that have served their purpose.

29

30         Section 61.  Paragraph (b) of subsection (2) of section

31  288.039, Florida Statutes, is amended to read:


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                                         HB 1039, Second Engrossed



  1         288.039  Employing and Training our Youths (ENTRY).--

  2         (2)  TAX REFUND; ELIGIBLE AMOUNTS.--

  3         (b)  After entering into an employment/tax refund

  4  agreement under subsection (3), an eligible business may

  5  receive refunds for the following taxes or fees due and paid

  6  by that business:

  7         1.  Taxes on sales, use, and other transactions under

  8  part I of chapter 212.

  9         2.  Corporate income taxes under chapter 220.

10         3.  Intangible personal property taxes under chapter

11  199.

12         4.  Emergency excise taxes under chapter 221.

13         5.  Excise taxes on documents under chapter 201.

14         6.  Ad valorem taxes paid, as defined in s. 220.03(1).

15         7.  Insurance premium taxes under s. 624.509.

16         8.  Occupational license fees under chapter 205.

17

18  However, an eligible business may not receive a refund under

19  this section for any amount of credit, refund, or exemption

20  granted to that business for any of such taxes or fees.  If a

21  refund for such taxes or fees is provided by the office, which

22  taxes or fees are subsequently adjusted by the application of

23  any credit, refund, or exemption granted to the eligible

24  business other than as provided in this section, the business

25  shall reimburse the office for the amount of that credit,

26  refund, or exemption.  An eligible business shall notify and

27  tender payment to the office within 20 days after receiving

28  any credit, refund, or exemption other than the one provided

29  in this section.

30

31


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                                         HB 1039, Second Engrossed



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

  2         removal of part designations from chapter 212

  3         following the repeal of the provisions of

  4         former part II of that chapter by s. 4, ch.

  5         97-94, Laws of Florida.

  6

  7         Section 62.  Subsection (5) of section 288.041, Florida

  8  Statutes, is amended to read:

  9         288.041  Solar energy industry; legislative findings

10  and policy; promotional activities.--

11         (5)  By January 15 of each year, the Department of

12  Community Affairs shall report to the Governor, the President

13  of the Senate, and the Speaker of the House of Representatives

14  on the impact of the solar energy industry on the economy of

15  this state and shall make any recommendations on initiatives

16  to further promote the solar energy industry as the department

17  deems appropriate. For purposes of the 1997 legislative

18  session, the department's report shall specifically address

19  the job creation and export potential of an expanded solar

20  energy industry in Florida.

21

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

23         that has served its purpose.

24

25         Section 63.  Section 288.052, Florida Statutes, is

26  amended to read:

27         288.052  Legislative findings.--In addition to the

28  findings contained in s. 288.045, The Legislature finds that

29  the production of motion picture, video, and television

30  projects in Florida is an emerging industry, experiencing a

31  growth rate of 20 percent over the last calendar year and


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                                         HB 1039, Second Engrossed



  1  employing increasing numbers of Florida residents.  The

  2  Legislature also finds that, with the development of necessary

  3  support services, including in-state financing of projects,

  4  the motion picture, television, and video recording industry

  5  has the potential to generate over $1 billion annually in

  6  direct investments within the state during the early part of

  7  the 21st century.  One means of increasing the amount of film

  8  and television investment in the state is to assist in

  9  financing the distribution and marketing of films through the

10  provision of print and advertising funds contingent upon the

11  expenditure of production dollars within the state. Therefore,

12  the Legislature finds and declares that the creation of a

13  Florida Film and Television Investment Board and financing

14  program is in the public interest and that the creation of the

15  Florida Film and Television Investment Board and Trust Fund

16  will serve a public purpose.

17

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

19         repeal of s. 288.045 by s. 154, ch. 96-320,

20         Laws of Florida.

21

22         Section 64.  Subsection (1) of section 288.1066,

23  Florida Statutes, is amended to read:

24         288.1066  Confidentiality of records.--

25         (1)  The following information when received by the

26  Department of Commerce; the Office of Tourism, Trade, and

27  Economic Development; Enterprise Florida, Inc.; or county or

28  municipal governmental entities and their employees pursuant

29  to the qualified defense contractor tax refund program as

30  required by s. 288.1045 288.104 is confidential and exempt

31  from the provisions of s. 119.07(1) and s. 24(a), Art. I of


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                                         HB 1039, Second Engrossed



  1  the State Constitution for a period not to exceed the duration

  2  of the tax refund agreement or 10 years, whichever is earlier:

  3         (a)  The applicant's federal employer identification

  4  number and Florida sales tax registration number.

  5         (b)  The percentage of the applicant's gross receipts

  6  derived from Department of Defense contracts during the 5

  7  taxable years immediately preceding the date the application

  8  is submitted.

  9         (c)  The amount of:

10         1.  Taxes on sales, use, and other transactions paid

11  pursuant to chapter 212;

12         2.  Corporate income taxes paid pursuant to chapter

13  220;

14         3.  Intangible personal property taxes paid pursuant to

15  chapter 199;

16         4.  Emergency excise taxes paid pursuant to chapter

17  221; and

18         5.  Ad valorem taxes paid

19

20  during the 5 fiscal years immediately preceding the date of

21  the application, and the projected amounts of such taxes to be

22  due in the 3 fiscal years immediately following the date of

23  the application.

24         (d)  Any trade secret information as defined in s.

25  812.081 contained within any statement concerning the

26  applicant's need for tax refunds or concerning the proposed

27  uses of such refunds by the applicant.

28

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

30         repeal of s. 288.104 by s. 8, ch. 96-348, Laws

31         of Florida, and the enactment of similar


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                                         HB 1039, Second Engrossed



  1         provisions in s. 1, ch. 96-348.  Both ss.

  2         288.104 and 288.1045 created the qualified

  3         defense contractor tax refund program.

  4

  5         Section 65.  Paragraphs (c) and (e) of subsection (6)

  6  of section 288.108, Florida Statutes, are amended to read:

  7         288.108  High-impact business.--

  8         (6)  SELECTION AND DESIGNATION OF HIGH-IMPACT

  9  SECTORS.--

10         (c)  To begin the process of selecting and designating

11  a new high-impact sector, Enterprise Florida, Inc., shall

12  undertake a thorough study of the proposed sector. This study

13  must consider the definition of the sector, including the

14  types of facilities which characterize the sector that might

15  qualify for a high-impact performance grant and whether a

16  powerful incentive like the high-impact performance grant is

17  needed to induce major facilities in the sector to locate or

18  grow in this state; the benefits that major facilities in the

19  sector have or could have on the state's economy and the

20  relative significance of those benefits; the needs of the

21  sector and major sector facilities, including natural, public,

22  and human resources and benefits and costs with regard to

23  these resources; the sector's current and future markets; the

24  current fiscal and potential fiscal impacts of the sector, to

25  both the state and its communities; any geographic

26  opportunities or limitations with regard to the sector,

27  including areas of for the state most likely to benefit from

28  the sector and areas unlikely to benefit from the sector; the

29  state's advantages or disadvantages with regard to the sector;

30  and the long-term expectations for the industry on a global

31  level and in the state. If Enterprise Florida, Inc., finds


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                                         HB 1039, Second Engrossed



  1  favorable conditions for the designation of the sector as a

  2  high-impact sector, it shall include in the study

  3  recommendations for a complete and comprehensive sector

  4  strategy, including appropriate marketing and workforce

  5  strategies for the entire sector and any recommendations that

  6  Enterprise Florida, Inc., may have for statutory or policy

  7  changes needed to improve the state's business climate and to

  8  attract and grow Florida businesses, particularly small

  9  businesses, in the proposed sector. The study shall reflect

10  the finding of the sector-business network specified in

11  paragraph (d).

12         (e)  The study and its findings and recommendations and

13  the recommendations gathered from the sector-business network

14  must be discussed and considered during at least one of the

15  quarterly meetings required in s. 14.2015(2)(f) 14.2015(2)(h).

16

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

18         improve clarity.  Paragraph (6)(e) is amended

19         to conform to the redesignation of subunits of

20         s. 14.2015(2) by s. 3, ch. 97-278, Laws of

21         Florida.

22

23         Section 66.  Subsection (6) of section 288.1169,

24  Florida Statutes, is amended to read:

25         288.1169  International Game Fish Association World

26  Center facility; department duties.--

27         (6)  The Department of Commerce must recertify every 10

28  years that the facility is open, that the International Game

29  Fish Association World Center continues to be the only

30  international administrative headquarters, fishing museum, and

31  Hall of Fame in the United States recognized by the


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                                         HB 1039, Second Engrossed



  1  International Game Fish Association, and that the project is

  2  meeting the minimum projections for attendance or sales tax

  3  revenues as required at the time of original certification.

  4  If the facility is not recertified during this 10-year review

  5  as meeting the minimum projections, then funding will be

  6  abated until certification criteria are met.  If the project

  7  fails to generate $1 million of annual revenues pursuant to

  8  paragraph (2)(e), the distribution of revenues pursuant to s.

  9  212.20(6)(f)5.c. 212.20(6)(g)5.c. shall be reduced to an

10  amount equal to $83,333 multiplied by a fraction, the

11  numerator of which is the actual revenues generated and the

12  denominator of which is $1 million.  Such reduction shall

13  remain in effect until revenues generated by the project in a

14  12-month period equal or exceed $1 million.

15

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

17         redesignation of s. 212.20(6)(g)5.c., as

18         enacted by s. 1, ch. 96-415, Laws of Florida,

19         necessitated by the repeal of former s.

20         212.20(6)(c) by s. 23, ch. 96-397, Laws of

21         Florida.

22

23         Section 67.  Paragraph (b) of subsection (3) of section

24  288.1185, Florida Statutes, is amended to read:

25         288.1185  Recycling Markets Advisory Committee.--

26         (3)

27         (b)  Within 60 days of May 12, 1993, and Whenever it is

28  necessary to change the designee, the head of each agency

29  shall notify the Governor in writing of the person designated

30  as the recycling market development liaison for such agency.

31


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                                         HB 1039, Second Engrossed



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

  2         that has served its purpose.

  3

  4         Section 68.  Section 288.770, Florida Statutes, is

  5  amended to read:

  6         288.770  Short title.--Sections 288.771-288.778

  7  288.771-288.779 may be cited as the "Florida Export Finance

  8  Corporation Act."

  9

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

11         repeal of s. 288.779 by s. 154, ch. 96-320,

12         Laws of Florida.

13

14         Section 69.  Paragraph (a) of subsection (1) of section

15  288.776, Florida Statutes, is amended to read:

16         288.776  Board of directors; powers and duties.--

17         (1)(a)  The corporation shall have a board of directors

18  consisting of 15 members representing all geographic areas of

19  the state. Minority and gender representation must be

20  considered when making appointments to the board. The board

21  membership must include:

22         1.  A representative of the following businesses, all

23  of which must be registered to do business in this state: a

24  foreign bank, a state bank, a federal bank, an insurance

25  company involved in covering trade financing risks, and a

26  small or medium-sized exporter.

27         2.  The following persons or their designee: the

28  President of Enterprise Florida, Inc., the Comptroller, the

29  Secretary of State, a senior official of the United States

30  Department of Commerce, and the chair of the Florida Black

31  Business Investment Board.


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                                         HB 1039, Second Engrossed



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

  2         title of the Florida Black Business Investment

  3         Board as created in s. 288.707.

  4

  5         Section 70.  Subsection (5) of section 288.853, Florida

  6  Statutes, is amended to read:

  7         288.853  International sanctions against Castro

  8  government.--

  9         (5)  Furthermore, contingent upon annual appropriation,

10  to the extent covered by the report submitted by the President

11  according to s. 108 of the Cuban Liberty and Democratic

12  Solidarity Act of 1996 1966, and until such time as the

13  President submits a determination under s. 203(c)(1) of the

14  Cuban Liberty and Democratic Solidarity Act of 1996, the

15  Governor shall submit an annual report to the President of the

16  Senate and the Speaker of the House of Representatives on

17  assistance to and commerce with Cuba by citizens and legal

18  residents of Florida.  Each report shall contain:

19         (a)  Identification of Cuba's trading partners and the

20  extent of such trade.

21         (b)  A description of joint ventures completed or under

22  consideration by foreign nationals and business firms located

23  in or doing business in Florida involving facilities in Cuba.

24         (c)  A determination as to whether any facilities are

25  claimed by a citizen of Florida.

26         (d)  Steps taken to assure that raw materials and

27  semifinished or finished goods produced by facilities in Cuba

28  involving Cuban and/or foreign nationals or businesses are not

29  entering the Florida market.

30

31


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                                         HB 1039, Second Engrossed



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

  2         correct title of the Cuban Liberty and

  3         Democratic Solidarity Act of 1996 as provided

  4         in Pub. L. No. 104-114.

  5

  6         Section 71.  Subsection (6) of section 288.905, Florida

  7  Statutes, is amended to read:

  8         288.905  Duties of the board of directors of Enterprise

  9  Florida, Inc.--

10         (6)  Any employee leased by Enterprise Florida, Inc.,

11  from the state, or any employee who derives his or her their

12  salary from funds appropriated by the Legislature, may not

13  receive a pay raise or bonus in excess of a pay raise or bonus

14  that is received by similarly situated state employees.

15  However, this subsection does not prohibit the payment of a

16  pay raise or bonus from funds received from sources other than

17  the Florida Legislature.

18

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

20         facilitate correct interpretation.

21

22         Section 72.  Paragraph (b) of subsection (2) of section

23  288.9512, Florida Statutes, is amended to read:

24         288.9512  Technology development board; creation;

25  purpose; membership.--

26         (2)  The board shall be governed by a board of

27  directors.  The board of directors shall consist of the

28  following members:

29         (b)  The executive director of the Florida State

30  Community College System or the executive director's designee.

31


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                                         HB 1039, Second Engrossed



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

  2         redesignation of the State Community College

  3         System as the Florida Community College System

  4         by s. 15, ch. 98-58, Laws of Florida.

  5

  6         Section 73.  Paragraph (f) of subsection (2) of section

  7  288.9605, Florida Statutes, 1998 Supplement, is amended to

  8  read:

  9         288.9605  Exercise of powers by the corporation.--

10         (2)  The corporation is authorized and empowered to:

11         (f)  Issue, from time to time, revenue bonds,

12  including, but not limited to, bonds the interest on which is

13  exempt from federal income taxation, for the purpose of

14  financing and refinancing any capital projects for applicants

15  and exercise all powers in connection with the authorization,

16  issuance, and sale of bonds, subject to the provisions of s.

17  288.9606 section 6.

18

19         Reviser's note.--Amended to facilitate correct

20         interpretation.  The reference to section 6

21         appears to have been erroneously retained from

22         C.S. for H.B. 2263, 1993, when that material

23         was incorporated into C.S. for S.B. 2382, 1993,

24         which became ch. 93-187, Laws of Florida.  The

25         referenced material is codified as s. 288.9606.

26

27         Section 74.  Paragraph (a) of subsection (7) of section

28  288.9607, Florida Statutes, is amended to read:

29         288.9607  Guaranty of bond issues.--

30         (7)(a)  The corporation is authorized to enter into an

31  investment agreement with the Department of Transportation and


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                                         HB 1039, Second Engrossed



  1  the State Board of Administration concerning the investment of

  2  the earnings accrued and collected upon the investment of the

  3  minimum balance of funds required to be maintained in the

  4  State Transportation Trust Fund pursuant to s. 339.135(6)(b)

  5  339.135(7)(b). Such investment shall be limited as follows:

  6         1.  Not more than $4 million of the investment earnings

  7  earned on the investment of the minimum balance of the State

  8  Transportation Trust Fund in a fiscal year shall be at risk at

  9  any time on one or more bonds or series of bonds issued by the

10  corporation.

11         2.  The investment earnings shall not be used to

12  guarantee any bonds issued after June 30, 1998, and in no

13  event shall the investment earnings be used to guarantee any

14  bond issued for a maturity longer than 15 years.

15         3.  The corporation shall pay a reasonable fee, set by

16  the State Board of Administration, in return for the

17  investment of such funds. The fee shall not be less than the

18  comparable rate for similar investments in terms of size and

19  risk.

20         4.  The proceeds of bonds, or portions thereof, issued

21  by the corporation for which a guaranty has been or will be

22  issued pursuant to s. 288.9606, s. 288.9608, or this section

23  used to make loans to any one person, including any related

24  interests, as defined in s. 658.48, of such person, shall not

25  exceed 20 percent of the principal of all such outstanding

26  bonds of the corporation issued prior to the first composite

27  bond issue of the corporation, or December 31, 1995, whichever

28  comes first, and shall not exceed 15 percent of the principal

29  of all such outstanding bonds of the corporation issued

30  thereafter, in each case determined as of the date of issuance

31  of the bonds for which such determination is being made and


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                                         HB 1039, Second Engrossed



  1  taking into account the principal amount of such bonds to be

  2  issued. The provisions of this subparagraph shall not apply

  3  when the total amount of all such outstanding bonds issued by

  4  the corporation is less than $10 million.  For the purpose of

  5  calculating the limits imposed by the provisions of this

  6  subparagraph, the first $10 million of bonds issued by the

  7  corporation shall be taken into account.

  8         5.  The corporation shall establish a debt service

  9  reserve account which contains not less than 6 months' debt

10  service reserves from the proceeds of the sale of any bonds,

11  or portions thereof, guaranteed by the corporation.

12         6.  The corporation shall establish an account known as

13  the Revenue Bond Guaranty Reserve Account, the Guaranty Fund.

14  The corporation shall deposit a sum of money or other cash

15  equivalents into this fund and maintain a balance of money or

16  cash equivalents in this fund, from sources other than the

17  investment of earnings accrued and collected upon the

18  investment of the minimum balance of funds required to be

19  maintained in the State Transportation Trust Fund, not less

20  than a sum equal to 1 year of maximum debt service on all

21  outstanding bonds, or portions thereof, of the corporation for

22  which a guaranty has been issued pursuant to ss. 288.9606,

23  288.9607, and 288.9608. In the event the corporation fails to

24  maintain the balance required pursuant to this subparagraph

25  for any reason other than a default on a bond issue of the

26  corporation guaranteed pursuant to this section or because of

27  the use by the corporation of any such funds to pay insurance,

28  maintenance, or other costs which may be required for the

29  preservation of any project or other collateral security for

30  any bond issued by the corporation, or to otherwise protect

31  the Revenue Bond Guaranty Reserve Account from loss while the


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                                         HB 1039, Second Engrossed



  1  applicant is in default on amortization payments, or to

  2  minimize losses to the reserve account in each case in such

  3  manner as may be deemed necessary or advisable by the

  4  corporation, the corporation shall immediately notify the

  5  Department of Transportation of such deficiency. Any

  6  supplemental funding authorized by an investment agreement

  7  entered into with the Department of Transportation and the

  8  State Board of Administration concerning the use of investment

  9  earnings of the minimum balance of funds is void unless such

10  deficiency of funds is cured by the corporation within 90 days

11  after the corporation has notified the Department of

12  Transportation of such deficiency.

13

14  The corporation shall include, as part of the annual report

15  prepared pursuant to s. 288.9610, a detailed report concerning

16  the use of guaranteed bond proceeds for loans guaranteed or

17  issued pursuant to any agreement with the Florida Black

18  Business Investment Board, including the percentage of such

19  loans guaranteed or issued and the total volume of such loans

20  guaranteed or issued.

21

22         Reviser's note.--Amended to facilitate correct

23         interpretation.  Material relating to the

24         minimum balance to be maintained in the State

25         Transportation Trust Fund is in s.

26         339.135(6)(b).

27

28         Section 75.  Paragraph (f) of subsection (3) of section

29  288.9620, Florida Statutes, as amended by section 112 of

30  chapter 96-320, Laws of Florida, is amended to read:

31         288.9620  Workforce development board.--


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                                         HB 1039, Second Engrossed



  1         (3)  The workforce development board shall be governed

  2  by a board of directors. The board of directors is to consist

  3  of the following members:

  4         (f)  The executive director of the Florida State

  5  Community College System or the executive director's designee.

  6

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

  8         redesignation of the State Community College

  9         System as the Florida Community College System

10         by s. 15, ch. 98-58, Laws of Florida.

11

12         Section 76.  Subsection (2) of section 290.0058,

13  Florida Statutes, is amended to read:

14         290.0058  Tests of pervasive poverty, unemployment, and

15  general distress.--

16         (2)  Pervasive poverty shall be evidenced by a showing

17  that poverty is widespread throughout the nominated area. The

18  poverty rate of the nominated area shall be established using

19  the following criteria:

20         (a)  In each census geographic block group within a

21  nominated area, the poverty rate shall be not less than 20

22  percent.

23         (b)  In at least 50 percent of the census geographic

24  block groups within the nominated area, the poverty rate shall

25  not be less than 30 percent.

26         (c)  Census geographic block groups with no population

27  shall be treated as having a poverty rate which meets the

28  standards of paragraph (a), but shall be treated as having a

29  zero poverty rate for purposes of applying paragraph (b).

30

31


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                                         HB 1039, Second Engrossed



  1         (d)  A nominated area may not contain a noncontiguous

  2  parcel unless such parcel separately meets the criteria set

  3  forth under paragraphs (a) and (b).

  4

  5  For purposes of this subsection, pervasive poverty within a

  6  noncontiguous area of an enterprise zone containing two or

  7  more noncontiguous areas that was nominated by a county and

  8  one or more municipalities together shall be presumed within

  9  the noncontiguous area if such area encompasses only one

10  municipality and has fewer than three contiguous census

11  geographic block groups, provided at least one such group has

12  a poverty level of more than 20 percent.  The provisions of

13  this paragraph shall stand repealed on July 1, 1997.

14

15         Reviser's note.--The flush left language in

16         subsection (2) was expressly repealed by s.

17         123, ch. 96-320, Laws of Florida, effective

18         July 1, 1997.  Since the language was not

19         repealed by a "current session" of the

20         Legislature, it may be omitted from the Florida

21         Statutes 1999 only through a reviser's bill

22         duly enacted by the Legislature.  See s.

23         11.242(5)(b) and (i).

24

25         Section 77.  Subsection (10) of section 290.0065,

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

27         290.0065  State designation of enterprise zones.--

28         (10)  The Office of Tourism, Trade, and Economic

29  Development may amend the boundaries of any enterprise zone

30  designated by the state pursuant to this section, consistent

31  with the categories, criteria, and limitations imposed in this


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                                         HB 1039, Second Engrossed



  1  section upon the establishment of such enterprise zone and

  2  only if consistent with the determinations made in s.

  3  290.0058(2) 290.0058(2)(e).

  4

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

  6         facilitate correct interpretation.  Section

  7         290.0058(2)(e) does not exist.

  8

  9         Section 78.  Subsection (1) of section 290.009, Florida

10  Statutes, is amended to read:

11         290.009  Enterprise Zone Interagency Coordinating

12  Council.--

13         (1)  There is created within the Office of Tourism,

14  Trade, and Economic Development the Enterprise Zone

15  Interagency Coordinating Council. The council shall be

16  composed of the secretaries or executive directors, or their

17  designees, of the Department of Community Affairs, the Office

18  of Tourism, Trade, and Economic Development, the Department of

19  Health and Rehabilitative Services, the Department of Labor

20  and Employment Security, the Department of State, the

21  Department of Transportation, the Department of Environmental

22  Protection, the Department of Law Enforcement, and the

23  Department of Revenue; the Attorney General or his or her

24  designee; and the executive directors or their designees of

25  the Florida State Community College System, the Florida Black

26  Business Investment Board, and the Florida State Rural

27  Development Council.

28

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

30         redesignation of the State Community College

31


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                                         HB 1039, Second Engrossed



  1         System as the Florida Community College System

  2         by s. 15, ch. 98-58, Laws of Florida.

  3

  4         Section 79.  Paragraph (a) of subsection (4) of section

  5  295.07, Florida Statutes, 1998 Supplement, is amended to read:

  6         295.07  Preference in appointment and retention.--

  7         (4)  The following positions are exempt from this

  8  section:

  9         (a)  Those positions that are exempt from the state

10  Career Service System under s. 110.205(2); however, all

11  positions under the University Support Personnel System of the

12  State University System as well as all Career Service System

13  positions under the Florida State Community College System and

14  the School for the Deaf and the Blind are included.

15

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

17         redesignation of the State Community College

18         System as the Florida Community College System

19         by s. 15, ch. 98-58, Laws of Florida.

20

21         Section 80.  Section 295.085, Florida Statutes, 1998

22  Supplement, is amended to read:

23         295.085  Positions for which a numerically based

24  selection process is not used.--In all positions in which the

25  appointment or employment of persons is not subject to a

26  written examination, with the exception of positions that are

27  exempt under s. 295.07(4) 295.07(2), first preference in

28  appointment, employment, and retention shall be given by the

29  state and political subdivisions in the state to persons

30  included under s. 295.07(1)(a) and (b), and second preference

31  shall be given to persons included under s. 295.07(1)(c) and


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                                         HB 1039, Second Engrossed



  1  (d) who possess the minimum qualifications necessary to

  2  discharge the duties of the position involved.

  3

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

  5         redesignation of s. 295.07(2) as s. 295.07(4)

  6         by s. 2, ch. 98-33, Laws of Florida.

  7

  8         Section 81.  Paragraph (a) of subsection (1) of section

  9  295.09, Florida Statutes, is amended to read:

10         295.09  Reinstatement or reemployment; promotion

11  preference.--

12         (1)(a)  When an employee of the state or any of its

13  political subdivisions employed in a position subject or not

14  subject to a career service system or other merit-type system,

15  with the exception of those positions which are exempt

16  pursuant to s. 295.07(4) 295.07(2), has served in the Armed

17  Forces of the United States and is discharged or separated

18  therefrom with an honorable discharge, the state or its

19  political subdivision shall reemploy or reinstate such person

20  to the same position that he or she held prior to such service

21  in the armed forces, or to an equivalent position, provided

22  such person returns to the position within 1 year of his or

23  her date of separation or, in cases of extended active duty,

24  within 1 year of the date of discharge or separation

25  subsequent to the extension. Such person shall also be awarded

26  preference in promotion and shall be promoted ahead of all

27  others who are as well qualified or less qualified for the

28  position. When an examination for promotion is utilized, such

29  person shall be awarded preference points, as provided in s.

30  295.08, and shall be promoted ahead of all those who appear in

31  an equal or lesser position on the promotional register,


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                                         HB 1039, Second Engrossed



  1  provided he or she first successfully passes the examination

  2  for the promotional position.

  3

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

  5         redesignation of s. 295.07(2) as s. 295.07(4)

  6         by s. 2, ch. 98-33, Laws of Florida.

  7

  8         Section 82.  Subsection (2) of section 295.11, Florida

  9  Statutes, 1998 Supplement, is reenacted to read:

10         295.11  Investigation; administrative hearing for not

11  employing preferred applicant.--

12         (2)  Upon completion of the investigation, the

13  department shall furnish a copy of the investigative findings

14  to the complainant and to the agency involved.

15

16         Reviser's note.--Section 6, ch. 98-33, Laws of

17         Florida, purported to amend s. 295.11, but

18         failed to publish subsection (2).  In the

19         absence of affirmative evidence that the

20         Legislature intended to repeal the subsection,

21         coupled with the fact that the form of the

22         amendment affirmatively evidences an intent to

23         preserve the existing subsection structure,

24         subsection (2) is reenacted to confirm that the

25         omission was not intended.

26

27         Section 83.  Subsection (1) of section 295.14, Florida

28  Statutes, 1998 Supplement, is amended to read:

29         295.14  Penalties.--

30         (1)  When the Public Employees Relations Commission,

31  after a hearing on notice conducted according to rules adopted


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                                         HB 1039, Second Engrossed



  1  by the commission, determines that a violation of s. 295.07,

  2  s. 295.08, s. 295.085 295.085(1), or s. 295.09(1)(a) or (b)

  3  has occurred and sustains the veteran seeking redress, the

  4  commission shall order the offending agency, employee, or

  5  officer of the state to comply with the provisions of s.

  6  295.07, s. 295.08, s. 295.085 295.085(1), or s. 295.09(1)(a)

  7  or (b); and, in the event of a violation of s. 295.07, s.

  8  295.08, s. 295.085 295.085(1) or s. 295.09(1)(a) or (b), the

  9  commission may issue an order to compensate the veteran for

10  the loss of any wages and reasonable attorney's fees for

11  actual hours worked, and costs of all work, including

12  litigation, incurred as a result of such violation, which

13  order shall be conclusive on the agency, employee, or officer

14  concerned.  The attorney's fees and costs may not exceed

15  $10,000. The action of the commission shall be in writing and

16  shall be served on the parties concerned by certified mail

17  with return receipt requested.

18

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

20         elimination of subunit designations in s.

21         295.085 following the repeal of s. 295.085(2)

22         by s. 4, ch. 98-33, Laws of Florida.

23

24         Section 84.  Subsection (6) of section 296.33, Florida

25  Statutes, is amended to read:

26         296.33  Definitions.--When used in this part, unless

27  the context clearly indicates otherwise, the term:

28         (6)  "Veterans' Nursing Home of Florida," hereinafter

29  referred to as the "home," means a licensed health care

30  facility operated by the department pursuant to the provisions

31  of part II I of chapter 400.


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                                         HB 1039, Second Engrossed



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

  2         redesignation of part I of chapter 400 as part

  3         II incident to the compilation of ch. 93-177,

  4         Laws of Florida.

  5

  6         Section 85.  Subsection (8) of section 298.225, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         298.225  Water control plan; plan development and

  9  amendment.--

10         (8)  If the preparation of a water control plan or

11  amendment under this section does not result in revision of

12  the district's current plan or require the alteration or

13  increase of any levy of assessments or taxes beyond the

14  maximum amount previously authorized by general law, special

15  law, or judicial proceeding, a change in the use of said

16  assessments or taxes, or substantial change to district

17  facilities, the provisions of s. 298.301(2)-(9) do not apply

18  to the plan adoption process. This section and s. 298.301

19  298.301(1)-(9) do not apply to minor, insubstantial amendments

20  to district plans authorized by special law.

21

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

23         that s. 298.301 only has nine subsections.

24

25         Section 86.  Subsection (69) of section 316.003,

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

27         316.003  Definitions.--The following words and phrases,

28  when used in this chapter, shall have the meanings

29  respectively ascribed to them in this section, except where

30  the context otherwise requires:

31


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                                         HB 1039, Second Engrossed



  1         (69)  HAZARDOUS MATERIAL.--Any substance or material

  2  which has been determined by the secretary of the United

  3  States Department of Transportation to be capable of imposing

  4  an unreasonable risk to health, safety, and property.  This

  5  term includes hazardous waste as defined in s. 403.703(21)

  6  403.703(23).

  7

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

  9         redesignation of s. 403.703(23) as s.

10         403.703(21) to conform to the repeal of former

11         ss. 403.703(18) and (19) by s. 8, ch. 93-207,

12         Laws of Florida.

13

14         Section 87.  Subsection (3) of section 316.072, Florida

15  Statutes, is amended to read:

16         316.072  Obedience to and effect of traffic laws.--

17         (3)  OBEDIENCE TO POLICE AND FIRE DEPARTMENT

18  OFFICIALS.--It is unlawful and a misdemeanor of the second

19  degree, punishable as provided in s. 775.082 or s. 775.083,

20  for any person willfully to fail or refuse to comply with any

21  lawful order or direction of any law enforcement officer,

22  traffic accident investigation officer as described in s.

23  316.640, traffic infraction enforcement officer as described

24  in s. 316.640 318.141, or member of the fire department at the

25  scene of a fire, rescue operation, or other emergency.

26  Notwithstanding the provisions of this subsection, certified

27  emergency medical technicians or paramedics may respond to the

28  scene of emergencies and may provide emergency medical

29  treatment on the scene and provide transport of patients in

30  the performance of their duties for an emergency medical

31


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                                         HB 1039, Second Engrossed



  1  services provider licensed under chapter 401 and in accordance

  2  with any local emergency medical response protocols.

  3

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

  5         repeal of s. 318.141 by s. 44, ch. 96-350, Laws

  6         of Florida, and the addition of a description

  7         of traffic infraction enforcement officers to

  8         s. 316.640 by s. 37, ch. 96-350.

  9

10         Section 88.  Subsection (3) of section 316.0747,

11  Florida Statutes, is amended to read:

12         316.0747  Sale or purchase of traffic control devices

13  by nongovernmental entities; prohibitions.--

14         (3)  Nongovernmental entities to which the general

15  public is invited to travel shall install and maintain uniform

16  traffic control devices at appropriate locations pursuant to

17  the standards set forth by the Manual on Uniform Traffic

18  Control Devices as adopted by the Department of Transportation

19  pursuant to s. 316.0745.  Such traffic control devices shall

20  be installed no later than January 1, 1992.  Businesses the

21  parking lots of which do not provide intersecting lanes of

22  traffic and businesses having fewer than 25 parking spaces are

23  exempt from the provisions of this subsection.  The Department

24  of Transportation shall adopt rules to implement this section.

25

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

27         that has served its purpose.

28

29         Section 89.  Paragraph (a) of subsection (10) of

30  section 316.1955, Florida Statutes, 1998 Supplement, is

31  amended to read:


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                                         HB 1039, Second Engrossed



  1         316.1955  Parking spaces for persons who have

  2  disabilities.--

  3         (10)(a)  A vehicle that is transporting a person who

  4  has a disability and that has been granted a permit under s.

  5  320.0848(1)(e) 320.0848(1)(d) may be parked for a maximum of

  6  30 minutes in any parking space reserved for persons who have

  7  disabilities.

  8

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

10         redesignation of s. 320.0848(1)(d) as s.

11         320.0848(1)(e) by s. 7, ch. 98-202, Laws of

12         Florida.

13

14         Section 90.  Subsection (2) of section 316.2126,

15  Florida Statutes, is amended to read:

16         316.2126  Use of golf carts by certain

17  municipalities.--In addition to the powers granted by ss.

18  316.212 and 316.2125, municipalities older than 400 years old

19  are hereby authorized to utilize golf carts, as defined in s.

20  320.01, upon any state, county, or municipal roads located

21  within the corporate limits of such municipalities, subject to

22  the following conditions:

23         (2)  In addition to the safety equipment required in s.

24  316.212(5) 316.212(6), such golf carts must be equipped with

25  sufficient lighting and turn signal equipment.

26

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

28         redesignation of s. 316.212(6) as s. 316.212(5)

29         by s. 4, ch. 96-413, Laws of Florida.

30

31


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                                         HB 1039, Second Engrossed



  1         Section 91.  Section 316.2399, Florida Statutes, is

  2  amended to read:

  3         316.2399  Special warning lights for buses or

  4  taxicabs.--The provisions of s. 316.2397(7)  316.2397(6) to

  5  the contrary notwithstanding, a bus or taxicab may be equipped

  6  with two flashing devices for the purpose of warning the

  7  operators of other vehicles and law enforcement agents that an

  8  emergency situation exists within the bus or taxicab.  Such

  9  devices shall be capable of activation by the operator of the

10  bus or taxicab and shall be of a type approved by the

11  Department of Highway Safety and Motor Vehicles.  Such devices

12  shall be mounted one at the front and one at the rear of the

13  bus or taxicab and shall display flashing red lights which

14  shine on the roadway under the vehicle.

15

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

17         redesignation of s. 316.2397(6) as s.

18         316.2397(7) by s. 58, ch. 93-164, Laws of

19         Florida.

20

21         Section 92.  Paragraph (f) of subsection (2) of section

22  316.302, Florida Statutes, 1998 Supplement, is amended to

23  read:

24         316.302  Commercial motor vehicles; safety regulations;

25  transporters and shippers of hazardous materials;

26  enforcement.--

27         (2)

28         (f)  A person who operates a commercial motor vehicle

29  having a declared gross vehicle weight of less than 26,000

30  pounds solely in intrastate commerce and who is not

31  transporting hazardous materials, or who is transporting


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                                         HB 1039, Second Engrossed



  1  petroleum products as defined in s. 376.301(31) 376.301(29),

  2  is exempt from subsection (1). However, such person must

  3  comply with 49 C.F.R. parts 382, 392, 393, and 49 C.F.R. s.

  4  396.9.

  5

  6         Reviser's note.--Amended to facilitate correct

  7         interpretation.  "Petroleum product" is defined

  8         in s. 376.301(31).

  9

10         Section 93.  Subsection (5) of section 318.13, Florida

11  Statutes, is amended to read:

12         318.13  Definitions.--The following words and phrases,

13  when used in this chapter, shall have the meanings

14  respectively ascribed to them in this section, except where

15  the context otherwise requires:

16         (5)  "Officer" means any law enforcement officer

17  charged with and acting under his or her authority to arrest

18  persons suspected of, or known to be, violating statutes or

19  ordinances regulating traffic or the operation or equipment of

20  vehicles. "Officer" includes any individual employed by a

21  sheriff's department or the police department of a chartered

22  municipality who is acting as a traffic infraction enforcement

23  officer as provided in s. 316.640 318.141.

24

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

26         repeal of s. 318.141 by s. 44, ch. 96-350, Laws

27         of Florida, and the addition of a description

28         of traffic infraction enforcement officers to

29         s. 316.640 by s. 37, ch. 96-350.

30

31


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                                         HB 1039, Second Engrossed



  1         Section 94.  Subsections (1), (4), and (9) of section

  2  318.14, Florida Statutes, are amended to read:

  3         318.14  Noncriminal traffic infractions; exception;

  4  procedures.--

  5         (1)  Except as provided in ss. 318.17 and 320.07(3)(c)

  6  320.07(3)(b), any person cited for a violation of s. 240.265,

  7  chapter 316, s. 320.0605 320.0605(1), s. 320.07(3)(a), s.

  8  322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615(4)

  9  322.161(4), or s. 322.19 is charged with a noncriminal

10  infraction and must be cited for such an infraction and cited

11  to appear before an official. If another person dies as a

12  result of the noncriminal infraction, the person cited may be

13  required to perform 120 community service hours under s.

14  316.027(4), in addition to any other penalties.

15         (4)  Any person charged with a noncriminal infraction

16  under this section who does not elect to appear shall pay the

17  civil penalty and delinquent fee, if applicable, either by

18  mail or in person, within 30 days of the date of receiving the

19  citation.  If the person cited follows the above procedure, he

20  or she shall be deemed to have admitted the infraction and to

21  have waived his or her right to a hearing on the issue of

22  commission of the infraction.  Such admission shall not be

23  used as evidence in any other proceedings.  Any person who is

24  cited for a violation of s. 320.0605 320.0605(1) or s.

25  322.15(1), or subject to a penalty under s. 320.07(3)(a) or s.

26  322.065, and who makes an election under this subsection shall

27  submit proof of compliance with the applicable section to the

28  clerk of the court. For the purposes of this subsection, proof

29  of compliance consists of a valid driver's license or a valid

30  registration certificate.

31


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                                         HB 1039, Second Engrossed



  1         (9)  Any person who is cited for an infraction under

  2  this section other than a violation of s. 320.0605

  3  320.0605(1), s. 320.07(3)(a), s. 322.065, s. 322.15(1), s.

  4  322.61, or s. 322.62 may, in lieu of a court appearance, elect

  5  to attend in the location of his or her choice within this

  6  state a basic driver improvement course approved by the

  7  Department of Highway Safety and Motor Vehicles. In such a

  8  case, adjudication must be withheld; points, as provided by s.

  9  322.27, may not be assessed; and the civil penalty that is

10  imposed by s. 318.18(3) must be reduced by 18 percent;

11  however, a person may not make an election under this

12  subsection if the person has made an election under this

13  subsection in the preceding 12 months. A person may make no

14  more than five elections under this subsection. The

15  requirement for community service under s. 318.18(7) is not

16  waived by a plea of nolo contendere or by the withholding of

17  adjudication of guilt by a court.

18

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

20         conform to the redesignation of s. 320.07(3)(b)

21         as s. 320.07(3)(c) by s. 7, ch. 98-223, Laws of

22         Florida; the deletion of subunits from s.

23         320.0605 to conform to the repeal of former s.

24         320.0605(2) by s. 50, ch. 96-350, Laws of

25         Florida; and the redesignation of the

26         referenced s. 322.161(4) as s. 322.1615(4) by

27         the reviser incident to the compilation of the

28         1996 Supplement to the Florida Statutes 1995.

29         Subsections (4) and (9) are amended to conform

30         to the deletion of subunits from s. 320.0605 by

31         s. 50, ch. 96-350.


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                                         HB 1039, Second Engrossed



  1         Section 95.  Subsections (4) and (5) of section 318.21,

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

  3         318.21  Disposition of civil penalties by county

  4  courts.--All civil penalties received by a county court

  5  pursuant to the provisions of this chapter shall be

  6  distributed and paid monthly as follows:

  7         (4)  Of the additional fine assessed under s.

  8  318.18(3)(e) 318.18(3)(d) for a violation of s. 316.1301, 40

  9  percent must be deposited into the Grants and Donations Trust

10  Fund of the Division of Blind Services of the Department of

11  Labor and Employment Security, and 60 percent must be

12  distributed pursuant to subsections (1) and (2) of this

13  section.

14         (5)  Of the additional fine assessed under s.

15  318.18(3)(e) 318.18(3)(d) for a violation of s. 316.1303, 60

16  percent must be deposited into the endowment fund for the

17  Florida Endowment Foundation for Vocational Rehabilitation,

18  and 40 percent must be distributed pursuant to subsections (1)

19  and (2) of this section.

20

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

22         redesignation of s. 318.18(3)(d) as s.

23         318.18(3)(e) by s. 6, ch. 98-223, Laws of

24         Florida.

25

26         Section 96.  Paragraph (d) of subsection (1) of section

27  319.33, Florida Statutes, is amended to read:

28         319.33  Offenses involving vehicle identification

29  numbers, applications, certificates, papers; penalty.--

30         (1)  It is unlawful:

31


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                                         HB 1039, Second Engrossed



  1         (d)  To possess, sell or offer for sale, conceal, or

  2  dispose of in this state a motor vehicle or mobile home, or

  3  major component part thereof, on which the motor number or

  4  vehicle identification number has been destroyed, removed,

  5  covered, altered, or defaced, with knowledge of such

  6  destruction, removal, covering, alteration, or defacement,

  7  except as provided in s. 319.30(4) 319.30(3).

  8

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

10         redesignation of s. 319.30(3) as s. 319.30(4)

11         by s. 4, ch. 90-283, Laws of Florida.

12

13         Section 97.  Subsections (7) and (8) of section 320.03,

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

15         320.03  Registration; duties of tax collectors;

16  International Registration Plan.--

17         (7)  The Department of Highway Safety and Motor

18  Vehicles shall register apportioned motor vehicles under the

19  provisions of the International Registration Plan.

20  Implementation of the plan shall occur by July 1, 1986, for

21  the 1986-1987 registration period.  The department may adopt

22  rules to implement and enforce the provisions of the plan.

23         (8)  If the applicant's name appears on the list

24  referred to in s. 316.1001(4) 316.1001(5) or s. 316.1967(6), a

25  license plate or revalidation sticker may not be issued until

26  that person's name no longer appears on the list or until the

27  person presents a receipt from the clerk showing that the

28  fines outstanding have been paid. The tax collector and the

29  clerk of the court are each entitled to receive monthly, as

30  costs for implementing and administering this subsection, 10

31  percent of the civil penalties and fines recovered from such


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                                         HB 1039, Second Engrossed



  1  persons. If the tax collector has private tag agents, such tag

  2  agents are entitled to receive a pro rata share of the amount

  3  paid to the tax collector, based upon the percentage of

  4  license plates and revalidation stickers issued by the tag

  5  agent compared to the total issued within the county. The

  6  authority of any private agent to issue license plates shall

  7  be revoked, after notice and a hearing as provided in chapter

  8  120, if he or she issues any license plate or revalidation

  9  sticker contrary to the provisions of this subsection. This

10  section applies only to the annual renewal in the owner's

11  birth month of a motor vehicle registration and does not apply

12  to the transfer of a registration of a motor vehicle sold by a

13  motor vehicle dealer licensed under this chapter, except for

14  the transfer of registrations which is inclusive of the annual

15  renewals. This section does not affect the issuance of the

16  title to a motor vehicle, notwithstanding s. 319.23(7)(b).

17

18         Reviser's note.--Subsection (7) is amended to

19         delete a provision that has served its purpose.

20         Subsection (8) is amended to conform to the

21         redesignation of s. 316.1001(5) as s.

22         316.1001(4) by s. 15, ch. 96-350, Laws of

23         Florida.

24

25         Section 98.  Subsection (1) of section 320.055, Florida

26  Statutes, is amended to read:

27         320.055  Registration periods; renewal periods.--The

28  following registration periods and renewal periods are

29  established:

30         (1)  For a motor vehicle subject to registration under

31  s. 320.08(1), (2), (3)(a), (b), (c), (d), or (e), (5)(b), (c),


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                                         HB 1039, Second Engrossed



  1  (d), or (f) (e), (6)(a), (7), (8), (9), or (10) and owned by a

  2  natural person, the registration period begins the first day

  3  of the birth month of the owner and ends the last day of the

  4  month immediately preceding the owner's birth month in the

  5  succeeding year.  If such vehicle is registered in the name of

  6  more than one person, the birth month of the person whose name

  7  first appears on the registration shall be used to determine

  8  the registration period.  For a vehicle subject to this

  9  registration period, the renewal period is the 30-day period

10  ending at midnight on the vehicle owner's date of birth.

11

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

13         that s. 320.08(3) only contains paragraphs

14         (a)-(e) and the redesignation of s.

15         320.08(5)(e) as s. 320.08(5)(f) by s. 5, ch.

16         97-58, Laws of Florida.

17

18         Section 99.  Subsection (7) of section 320.08056,

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

20         320.08056  Specialty license plates.--

21         (7)  The department shall annually retain from the

22  first proceeds derived from the annual use fees collected an

23  amount sufficient to defray each specialty plate's pro rata

24  share of the department's costs directly related to issuing

25  the specialty plate. Such costs shall include distribution

26  costs, direct costs to the department, and any applicable

27  increased costs of manufacturing the specialty speciality

28  license plate.  Beginning in the 1995-1996 fiscal year, Any

29  cost increase to the department related to actual cost of the

30  plate, including a reasonable vendor profit, shall be verified

31  by the Department of Management Services.  The balance of the


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                                         HB 1039, Second Engrossed



  1  proceeds from the annual use fees collected for that specialty

  2  license plate shall be distributed as provided by law.

  3

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

  5         terminology elsewhere in the section and to

  6         delete a provision that has served its purpose.

  7

  8         Section 100.  Paragraph (b) of subsection (1) of

  9  section 320.08058, Florida Statutes, 1998 Supplement, is

10  amended to read:

11         320.08058  Specialty license plates.--

12         (1)  MANATEE LICENSE PLATES.--

13         (b)1.  The manatee license plate annual use fee must be

14  deposited into the Save the Manatee Trust Fund, created within

15  the Department of Environmental Protection.  The funds

16  deposited in the Save the Manatee Trust Fund may be used only

17  for environmental education; manatee research; facilities, as

18  provided in s. 370.12(4)(b) 370.12(5)(b); and manatee

19  protection and recovery.

20         2.  For fiscal year 1996-1997, 25 percent of the

21  manatee license plate annual use fee must be deposited into

22  the Save the Manatee Trust Fund within the Department of

23  Environmental Protection and shall be used for manatee

24  facilities as provided in s. 370.12(5)(b).

25

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

27         redesignation s. 370.12(5)(b) as s.

28         370.12(4)(b) necessitated by the repeal of

29         former s. 370.12(4) by s. 17, ch. 98-227, Laws

30         of Florida, and to delete obsolete language

31


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                                         HB 1039, Second Engrossed



  1         pertaining to the manatee license plate annual

  2         use fee for fiscal year 1996-1997.

  3

  4         Section 101.  Effective July 1, 1999, paragraph (b) of

  5  subsection (1) of section 320.08058, Florida Statutes, 1998

  6  Supplement, is amended to read:

  7         320.08058  Specialty license plates.--

  8         (1)  MANATEE LICENSE PLATES.--

  9         (b)  The manatee license plate annual use fee must be

10  deposited into the Save the Manatee Trust Fund, created within

11  the Department of Environmental Protection.  The funds

12  deposited in the Save the Manatee Trust Fund may be used only

13  for manatee-related environmental education; manatee research;

14  facilities, as provided in s. 370.12(4)(b) 370.12(5)(b); and

15  manatee protection and recovery.

16

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

18         redesignation of s. 370.12(5)(b) as s.

19         370.12(4)(b) necessitated by the repeal of

20         former s. 370.12(4) by s. 17, ch. 98-227, Laws

21         of Florida.

22

23         Section 102.  Paragraph (c) of subsection (2) of

24  section 320.0848, Florida Statutes, 1998 Supplement, is

25  amended and subsections (9) and (10) of that section are

26  reenacted to read:

27         320.0848  Persons who have disabilities; issuance of

28  disabled parking permits; temporary permits; permits for

29  certain providers of transportation services to persons who

30  have disabilities.--

31


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                                         HB 1039, Second Engrossed



  1         (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM

  2  MOBILITY PROBLEMS.--

  3         (c)1.  Except as provided in subparagraph 2., the fee

  4  for a disabled parking permit shall be:

  5         a.  Fifteen dollars for each initial 4-year permit or

  6  renewal permit, of which the State Transportation Trust Fund

  7  shall receive $13.50 and the tax collector of the county in

  8  which the fee was collected shall receive $1.50.

  9         b.  One dollar for each additional or additional

10  renewal 4-year permit, of which the State Transportation Trust

11  Fund shall receive all funds collected.

12

13  The department shall not issue an additional disabled parking

14  permit unless the applicant states that they are a frequent

15  traveler or a quadriplegic. The department may not issue to

16  any one eligible applicant more than two disabled parking

17  permits except to an organization in accordance with paragraph

18  (1)(e) (1)(d). Subsections (1), (5), (6), and (7) apply to

19  this subsection.

20         2.  If an applicant who is a disabled veteran, is a

21  resident of this state, has been honorably discharged, and

22  either has been determined by the Department of Defense or the

23  United States Department of Veterans Affairs or its

24  predecessor to have a service-connected disability rating for

25  compensation of 50 percent or greater or has been determined

26  to have a service-connected disability rating of 50 percent or

27  greater and is in receipt of both disability retirement pay

28  from the United States Department of Veterans Affairs and has

29  a signed physician's statement of qualification for the

30  disabled parking permits, the fee for a disabled parking

31  permit shall be:


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                                         HB 1039, Second Engrossed



  1         a.  One dollar and fifty cents for the initial 4-year

  2  permit or renewal permit.

  3         b.  One dollar for each additional or additional

  4  renewal 4-year permit.

  5

  6  The tax collector of the county in which the fee was collected

  7  shall retain all funds received pursuant to this subparagraph.

  8         3.  If an applicant presents to the department a

  9  statement from the Federal Government or the State of Florida

10  indicating the applicant is a recipient of supplemental

11  security income, the fee for the disabled parking permit shall

12  be $9 for the initial 4-year permit or renewal permit, of

13  which the State Transportation Trust Fund shall receive $6.75

14  and the tax collector of the county in which the fee was

15  collected shall receive $2.25.

16         (9)  A violation of this section is grounds for

17  disciplinary action under s. 458.331, s. 459.015, s. 460.413,

18  or s. 461.013, as applicable.

19         (10)  The Department of Highway Safety and Motor

20  Vehicles shall adopt rules to administer this section.

21

22         Reviser's note.--Paragraph (2)(c) is amended to

23         conform to the redesignation of paragraph

24         (1)(d) as (1)(e) by s. 7, ch. 98-202, Laws of

25         Florida.  Section 7, ch. 98-202, purported to

26         amend s. 320.0848, but failed to publish

27         subsections (9) and (10).  In the absence of

28         affirmative evidence that the Legislature

29         intended to repeal subsections (9) and (10),

30         they are reenacted to confirm that the omission

31         was not intended.


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                                         HB 1039, Second Engrossed



  1         Section 103.  Section 320.1325, Florida Statutes, is

  2  amended to read:

  3         320.1325  Registration required for the temporarily

  4  employed.--Motor vehicles owned or leased by persons who are

  5  temporarily employed within the state but are not residents

  6  are required to be registered. The department shall provide a

  7  temporary registration plate and a registration certificate

  8  valid for 90 days to an applicant who is temporarily employed

  9  in the state. The temporary registration plate may be renewed

10  one time for an additional 90-day period. At the end of the

11  180-day period of temporary registration, the applicant shall

12  apply for a permanent registration if there is a further need

13  to remain in this state. A temporary license registration

14  plate may not be issued for any commercial motor vehicle as

15  defined in s. 320.01. The fee for the 90-day temporary

16  registration plate shall be $40 plus the applicable service

17  charge required by s. 320.04. Subsequent permanent

18  registration and titling of a vehicle registered hereunder

19  shall subject the applicant to the fees required by s. ss.

20  319.231 and 320.072, in addition to all other taxes and fees

21  required.

22

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

24         repeal of s. 319.231 by s. 9, ch. 95-140, Laws

25         of Florida.

26

27         Section 104.  Subsection (2) of section 320.20, Florida

28  Statutes, is reenacted to read:

29         320.20  Disposition of license tax moneys.--The revenue

30  derived from the registration of motor vehicles, including any

31  delinquent fees and excluding those revenues collected and


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                                         HB 1039, Second Engrossed



  1  distributed under the provisions of s. 320.081, must be

  2  distributed monthly, as collected, as follows:

  3         (2)  Twenty-five million dollars per year of such

  4  revenues must be deposited in the State Transportation Trust

  5  Fund, with priority use assigned to completion of the

  6  interstate highway system.  However, any excess funds may be

  7  utilized for general transportation purposes, consistent with

  8  the Department of Transportation's legislatively approved

  9  objectives.  Prior to such utilization, the department's

10  comptroller shall certify that adequate funds are available to

11  assure expeditious completion of the interstate highway system

12  and to award all such contracts by 1990.

13

14         Reviser's note.--Section 136, ch. 96-320, Laws

15         of Florida, purported to amend s. 320.20, but

16         did not set out in full subsection (2) to

17         include the part of the last sentence that

18         reads "completion of the interstate highway

19         system and to award all such contracts by

20         1990." Absent affirmative evidence that the

21         Legislature intended to repeal this language,

22         it is reenacted to confirm that the omission

23         was not intended.

24

25         Section 105.  Subsection (2) of section 322.12, Florida

26  Statutes, is amended to read:

27         322.12  Examination of applicants.--

28         (2)  The department shall examine every applicant for a

29  driver's license, including an applicant who is licensed in

30  another state or country, except as otherwise provided in this

31  chapter. A person who holds a learner's driver's license as


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                                         HB 1039, Second Engrossed



  1  provided for in s. 322.1615 322.161 is not required to pay a

  2  fee for successfully completing the examination showing his or

  3  her ability to operate a motor vehicle as provided for herein

  4  and need not pay the fee for a replacement license as provided

  5  in s. 322.17(2).  Any person who applies for reinstatement

  6  following the suspension or revocation of his or her driver's

  7  license shall pay a service fee of $25 following a suspension,

  8  and $50 following a revocation, which is in addition to the

  9  fee for a license. Any person who applies for reinstatement of

10  a commercial driver's license following the disqualification

11  of his or her privilege to operate a commercial motor vehicle

12  shall pay a service fee of $50, which is in addition to the

13  fee for a license.  The department shall collect all of these

14  fees at the time of reinstatement.  The department shall issue

15  proper receipts for such fees and shall promptly transmit all

16  funds received by it as follows:

17         (a)  Of the $25 fee received from a licensee for

18  reinstatement following a suspension, the department shall

19  deposit $15 in the General Revenue Fund and the remaining $10

20  in the Highway Safety Operating Trust Fund.

21         (b)  Of the $50 fee received from a licensee for

22  reinstatement following a revocation or disqualification, the

23  department shall deposit $35 in the General Revenue Fund and

24  the remaining $15 in the Highway Safety Operating Trust Fund.

25

26  If the revocation or suspension of the driver's license was

27  for a violation of s. 316.193, or for refusal to submit to a

28  lawful breath, blood, or urine test, an additional fee of $105

29  must be charged.  However, only one such $105 fee is to be

30  collected from one person convicted of such violations arising

31  out of the same incident.  The department shall collect the


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                                         HB 1039, Second Engrossed



  1  $105 fee and deposit it into the Highway Safety Operating

  2  Trust Fund at the time of reinstatement of the person's

  3  driver's license, but the fee must not be collected if the

  4  suspension or revocation was overturned.

  5

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

  7         redesignation of the referenced s. 322.161 as

  8         s. 322.1615 by the reviser incident to the

  9         compilation of the 1996 Supplement to the

10         Florida Statutes 1995. Another s. 322.161 was

11         created by s. 28, ch. 96-413, Laws of Florida.

12

13         Section 106.  Paragraph (a) of subsection (3) of

14  section 322.121, Florida Statutes, is amended to read:

15         322.121  Periodic reexamination of all drivers.--

16         (3)  For each licensee whose driving record does not

17  show any revocations, disqualifications, or suspensions for

18  the preceding 7 years or any convictions for the preceding 3

19  years except for convictions of the following nonmoving

20  violations:

21         (a)  Failure to exhibit a vehicle registration

22  certificate, rental agreement, or cab card pursuant to s.

23  320.0605 320.0605(1);

24

25  the department shall cause such licensee's license to be

26  prominently marked with the notation "Safe Driver."

27

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

29         deletion of subunits from s. 320.0605 following

30         the repeal of former s. 320.0605(2) by s. 50,

31         ch. 96-350, Laws of Florida.


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                                         HB 1039, Second Engrossed



  1         Section 107.  Subsection (1) and paragraph (f) of

  2  subsection (2) of section 322.292, Florida Statutes, are

  3  amended to read:

  4         322.292  DUI programs supervision; powers and duties of

  5  the department.--

  6         (1)  The Department of Highway Safety and Motor

  7  Vehicles shall license and regulate all DUI programs, which

  8  regulation shall include the certification of instructors,

  9  evaluators, clinical supervisors, and evaluator supervisors.

10  The department shall, after consultation with the chief judge

11  of the affected judicial circuit, establish requirements

12  regarding the number of programs to be offered within a

13  judicial circuit.  Such requirements shall address the number

14  of clients currently served in the circuit as well as

15  improvements in service that may be derived from operation of

16  an additional DUI program.  DUI education and evaluation

17  services are exempt from licensure under chapter chapters 396

18  and 397.  However, treatment programs must continue to be

19  licensed under chapter chapters 396 and 397.

20         (2)  The department shall adopt rules to implement its

21  supervisory authority over DUI programs in accordance with the

22  procedures of chapter 120, including the establishment of

23  uniform standards of operation for DUI programs and the method

24  for setting and approving fees, as follows:

25         (f)  The department shall oversee an ongoing evaluation

26  to assess the effectiveness of the DUI programs.  This

27  evaluation shall be performed by an independent group and

28  shall evaluate the curriculum, client treatment referrals,

29  recidivism rates, and any other relevant matters.  The

30  department shall report to the Legislature by January 1, 1995,

31  on the status of the evaluation, including its design and


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                                         HB 1039, Second Engrossed



  1  schedule for completion. The department may use funds received

  2  under s. 322.293 to retain the services and reimburse expenses

  3  of such private persons or professional consultants as are

  4  required for monitoring and evaluating DUI programs.

  5

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

  7         conform to the repeal of the provisions of

  8         chapter 396 by s. 48, ch. 93-39, Laws of

  9         Florida.  Paragraph (2)(f) is amended to delete

10         a provision that has served its purpose.

11

12         Section 108.  Paragraph (b) of subsection (6) of

13  section 322.34, Florida Statutes, 1998 Supplement, is amended

14  to read:

15         322.34  Driving while license suspended, revoked,

16  canceled, or disqualified.--

17         (6)  Any person who operates a motor vehicle:

18         (b)  While his or her driver's license or driving

19  privilege is canceled, suspended, or revoked pursuant to s.

20  316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (6)

21  (5),

22

23  and who by careless or negligent operation of the motor

24  vehicle causes the death of or serious bodily injury to

25  another human being is guilty of a felony of the third degree,

26  punishable as provided in s. 775.082 or s. 775.083.

27

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

29         redesignation of s. 322.28(5) as s. 322.28(6)

30         by s. 10, ch. 98-223, Laws of Florida.

31


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                                         HB 1039, Second Engrossed



  1         Section 109.  Paragraph (b) of subsection (1) of

  2  section 322.57, Florida Statutes, is amended to read:

  3         322.57  Tests of knowledge concerning specified

  4  vehicles; endorsement; nonresidents; violations.--

  5         (1)  In addition to fulfilling any other driver's

  6  licensing requirements of this chapter, a person who:

  7         (b)  Drives a passenger vehicle must successfully

  8  complete a test of his or her knowledge concerning the safe

  9  operation of such vehicles and a test of his or her driving

10  skill in such a vehicle. However, if such a person satisfies

11  the requirements of s. 322.55(1)-(3), he or she is exempt from

12  the test of his or her driving skills.

13

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

15         repeal of s. 322.55 by s. 14, ch. 95-247, Laws

16         of Florida, and s. 67, ch. 95-333, Laws of

17         Florida.

18

19         Section 110.  Paragraph (a) of subsection (4) of

20  section 323.001, Florida Statutes, 1998 Supplement, is amended

21  to read:

22         323.001  Wrecker operator storage facilities; vehicle

23  holds.--

24         (4)  The requirements for a written hold apply when the

25  following conditions are present:

26         (a)  The officer has probable cause to believe the

27  vehicle should be seized and forfeited under the Florida

28  Contraband Forfeiture Act, ss. 932.701-932.707

29  932.701-932.704;

30

31


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                                         HB 1039, Second Engrossed



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

  2         correct citation of the Florida Contraband

  3         Forfeiture Act.

  4

  5         Section 111.  Subsections (3) and (12) of section

  6  325.202, Florida Statutes, are amended to read:

  7         325.202  Definitions.--As used in this act, the term:

  8         (3)  "Dealer certificate" means an inspection

  9  certificate issued to a motor vehicle dealer, motor vehicle

10  broker as defined in s. 320.27 320.07, mobile home dealer as

11  defined in s. 320.77, or recreational vehicle dealer as

12  defined in s. 320.771, indicating that a motor vehicle has

13  passed an emissions inspection, which grants the dealer or

14  broker 12 months in which to sell at retail the identified

15  motor vehicle owned by the dealer or broker.

16         (12)  "Reinspection facility" means any motor vehicle

17  repair shop as defined in s. 559.903(7) 559.903(2) which has

18  been licensed by the department pursuant to the provisions of

19  s. 325.212.

20

21         Reviser's note.--Subsection (3) is amended to

22         conform to the correct citation to the

23         referenced definition.  Subsection (12) is

24         amended to conform to the redesignation of s.

25         559.903(2) as s. 559.903(7) by s. 3, ch.

26         93-219, Laws of Florida.

27

28         Section 112.  Subsection (2) of section 325.212,

29  Florida Statutes, is amended to read:

30         325.212  Reinspections; reinspection facilities; rules;

31  minority business participation.--


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                                         HB 1039, Second Engrossed



  1         (2)  Any motor vehicle repair shop, as defined in s.

  2  559.903(7) 559.903(2), may apply to the department, on a form

  3  approved by the department, to be licensed as a reinspection

  4  facility to reinspect motor vehicles which fail to pass

  5  inspections required by this act.

  6

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

  8         redesignation of s. 559.903(2) as s. 559.903(7)

  9         by s. 3, ch. 93-219, Laws of Florida.

10

11         Section 113.  Subsection (11) and paragraph (c) of

12  subsection (12) of section 327.25, Florida Statutes, are

13  amended to read:

14         327.25  Classification; registration; fees and charges;

15  surcharge; disposition of fees; fines; marine turtle

16  stickers.--

17         (11)  VOLUNTARY CONTRIBUTIONS.--The application form

18  for boat registration shall include a provision to allow each

19  applicant to indicate a desire to pay an additional voluntary

20  contribution to the Save the Manatee Trust Fund for manatee

21  and marine mammal research, protection, recovery, rescue,

22  rehabilitation, and release.  This contribution shall be in

23  addition to all other fees and charges. The amount of the

24  request for a voluntary contribution solicited shall be $1 per

25  registrant. Beginning with boat registration in fiscal year

26  1992-1993, the request for a voluntary contribution solicited

27  shall be $2 or $5 per registrant.  A registrant who provides a

28  voluntary contribution of $5 or more shall be given a sticker

29  or emblem by the tax collector to display, which signifies

30  support for the Save the Manatee Trust Fund.  All voluntary

31  contributions shall be deposited in the Save the Manatee Trust


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                                         HB 1039, Second Engrossed



  1  Fund for use according to this subsection.  The first $2 of

  2  voluntary contribution by a vessel registrant shall be

  3  available for the manatee protection and recovery effort

  4  pursuant to s. 370.12(4)(a) 370.12(5)(a). Any additional

  5  amount of voluntary contribution by a vessel registrant shall

  6  also be for the purpose of the manatee protection and recovery

  7  effort, except that any voluntary contribution in excess of

  8  the first $2 voluntary contribution by a vessel registrant but

  9  not exceeding $2 shall be available for manatee rehabilitation

10  by those facilities approved to rescue, rehabilitate, and

11  release manatees pursuant to s. 370.12(4)(b) 370.12(5)(b). The

12  form shall also include language permitting a voluntary

13  contribution of $5 per applicant, which contribution shall be

14  transferred into the Election Campaign Financing Trust Fund.

15  A statement providing an explanation of the purpose of the

16  trust fund shall also be included.

17         (12)  REGISTRATION.--

18         (c)  Effective July 1, 1996, The following registration

19  periods and renewal periods are established:

20         1.  For vessels owned by individuals, the registration

21  period begins the first day of the birth month of the owner

22  and ends the last day of the month immediately preceding the

23  owner's birth month in the succeeding year. If the vessel is

24  registered in the name of more than one person, the birth

25  month of the person whose name first appears on the

26  registration shall be used to determine the registration

27  period. For a vessel subject to this registration period, the

28  renewal period is the 30-day period ending at midnight on the

29  vessel owner's date of birth.

30         2.  For vessels owned by companies, corporations,

31  governmental entities, those entities listed under subsection


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                                         HB 1039, Second Engrossed



  1  (15) (11), and registrations issued to dealers and

  2  manufacturers, the registration period begins July 1 and ends

  3  June 30.  The renewal period is the 30-day period beginning

  4  June 1.

  5

  6         Reviser's note.--Subsection (11) is amended to

  7         delete provisions that have served their

  8         purpose and to conform to the redesignation of

  9         s. 370.12(5) as s. 370.12(4) necessitated by

10         the repeal of former s. 370.12(4) by s. 17, ch.

11         98-227, Laws of Florida. Paragraph (12)(c) is

12         amended to delete a provision that has served

13         its purpose and to conform to the redesignation

14         of subsection (11) as subsection (15) by s. 54,

15         ch. 95-333, Laws of Florida.

16

17         Section 114.  Paragraphs (a) and (b) of subsection (1)

18  of section 327.28, Florida Statutes, are amended to read:

19         327.28  Marine Resources Conservation Trust Fund;

20  vessel registration funds; appropriation and distribution.--

21         (1)  Except as otherwise specified and less any

22  administrative costs, all funds collected from the

23  registration of vessels through the Department of Highway

24  Safety and Motor Vehicles and the tax collectors of the state

25  shall be deposited in the Marine Resources Conservation Trust

26  Fund for recreational channel marking; public launching

27  facilities; law enforcement and quality control programs;

28  aquatic weed control; manatee protection, recovery, rescue,

29  rehabilitation, and release; and marine mammal protection and

30  recovery. The funds collected pursuant to s. 327.25(1) shall

31  be transferred as follows:


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                                         HB 1039, Second Engrossed



  1         (a)  In each fiscal year, an amount equal to $1 for

  2  each vessel registered in this state shall be transferred to

  3  the Save the Manatee Trust Fund for manatee and marine mammal

  4  research, protection, and recovery in accordance with the

  5  provisions of s. 370.12(4)(a) 370.12(5)(a).

  6         (b)  In addition, in each fiscal year, an amount equal

  7  to 50 cents for each vessel registered in this state shall be

  8  transferred to the Save the Manatee Trust Fund in accordance

  9  with the provisions of s. 370.12(4)(b) 370.12(5)(b) for use by

10  those facilities approved to rescue, rehabilitate, and release

11  manatees as authorized pursuant to the Fish and Wildlife

12  Service of the United States Department of the Interior.

13

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

15         redesignation of s. 370.12(5) as s. 370.12(4)

16         necessitated by the repeal of former s.

17         370.12(4) by s. 17, ch. 98-227, Laws of

18         Florida.

19

20         Section 115.  Subsection (1) of section 328.17, Florida

21  Statutes, is reenacted to read:

22         328.17  Nonjudicial sale of vessels.--

23         (1)  It is the intent of the Legislature that any

24  nonjudicial sale of any unclaimed vessel held for unpaid costs

25  of repairs, improvements, or other work and related storage

26  charges, or any vessel held for failure to pay removal costs

27  pursuant to s. 327.53(7), or any undocumented vessel in

28  default of marina storage fees be disposed of pursuant to the

29  provisions of this section.

30

31


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                                         HB 1039, Second Engrossed



  1         Reviser's note.--Section 61, ch. 95-333, Laws

  2         of Florida, purported to amend subsection (1)

  3         of s. 328.17, but did not publish it.  In the

  4         absence of affirmative evidence that the

  5         Legislature intended to repeal the subsection,

  6         coupled with the fact that the form of the

  7         amendment affirmatively evidences an intent to

  8         preserve the existing subsection structure,

  9         subsection (1) is reenacted to confirm that the

10         omission was not intended.

11

12         Section 116.  Subsection (16) of section 331.303,

13  Florida Statutes, is amended to read:

14         331.303  Definitions.--

15         (16)  "Project" means any development, improvement,

16  property, launch, utility, facility, system, works, road,

17  sidewalk, enterprise, service, or convenience, which may

18  include coordination with Enterprise Florida, Inc. the Florida

19  High Technology and Industry Council, the Board of Regents,

20  and the Space Research Foundation; any rocket, capsule,

21  module, launch facility, assembly facility, operations or

22  control facility, tracking facility, administrative facility,

23  or any other type of space-related transportation vehicle,

24  station, or facility; any type of equipment or instrument to

25  be used or useful in connection with any of the foregoing; any

26  type of intellectual property and intellectual property

27  protection in connection with any of the foregoing including,

28  without limitation, any patent, copyright, trademark, and

29  service mark for, among other things, computer software; any

30  water, wastewater, gas, or electric utility system, plant, or

31  distribution or collection system; any small business


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                                         HB 1039, Second Engrossed



  1  incubator initiative, including any startup aerospace company,

  2  research and development company, research and development

  3  facility, storage facility, and consulting service; or any

  4  tourism initiative, including any space experience attraction,

  5  space-launch-related activity, and space museum sponsored or

  6  promoted by the authority.

  7

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

  9         abolition of the Florida High Technology and

10         Industry Council and the assumption of its

11         obligations by the Department of Commerce

12         according to s. 12, ch. 93-187, Laws of

13         Florida, and the repeal of s. 20.17, creating

14         the Department of Commerce and the

15         reorganization of the functions formerly

16         performed by it, by ch. 96-320, Laws of

17         Florida.

18

19         Section 117.  Subsection (4) of section 331.305,

20  Florida Statutes, is amended to read:

21         331.305  Powers of the authority.--The authority shall

22  have the power to:

23         (4)  Review and make recommendations with respect to a

24  strategy to guide and facilitate the future of space-related

25  educational and commercial development.  The authority shall

26  in coordination with the Federal Government, private industry,

27  and Florida universities develop a business plan which shall

28  address the expansion of Spaceport Florida locations, space

29  launch capacity, spaceport projects, and complementary

30  activities, which shall include, but not be limited to, a

31  detailed analysis of:


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                                         HB 1039, Second Engrossed



  1         (a)  The authority and the commercial space industry.

  2         (b)  Products, services description--potential,

  3  technologies, skills.

  4         (c)  Market research and evaluation--customers,

  5  competition, economics.

  6         (d)  Marketing plan and strategy.

  7         (e)  Design and development plan--tasks, difficulties,

  8  costs.

  9         (f)  Manufacturing locations, facilities, and

10  operations plan.

11         (g)  Management organization--roles and

12  responsibilities.

13         (h)  Overall schedule (monthly).

14         (i)  Important risks, assumptions, and problems.

15         (j)  Community impact--economic, human development,

16  community development.

17         (k)  Financial plan (monthly for first year; quarterly

18  for next 3 years).

19         (l)  Proposed authority offering--financing,

20  capitalization, use of funds.

21

22  A final report containing the recommendations and business

23  plan of the authority shall be completed and submitted prior

24  to the 1990 Regular Session of the Legislature, along with any

25  proposed statutory changes and related legislative budget

26  requests required to implement the business plan, to the

27  Governor, the President of the Senate, the Speaker of the

28  House of Representatives, the minority leader of the Senate,

29  and the minority leader of the House of Representatives.

30

31


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                                         HB 1039, Second Engrossed



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

  2         that has served its purpose.

  3

  4         Section 118.  Subsection (2) of section 331.308,

  5  Florida Statutes, is amended to read:

  6         331.308  Board of supervisors.--

  7         (2)  Initially, the Governor shall appoint four regular

  8  members for terms of 3 years or until successors are appointed

  9  and qualified and three regular members for terms of 4 years

10  or until successors are appointed and qualified.  Thereafter,

11  Each such member shall serve a term of 4 years or until a

12  successor is appointed and qualified.  The term of each such

13  member shall be construed to commence on the date of

14  appointment and to terminate on June 30 of the year of the end

15  of the term.  The terms for such members initially appointed

16  shall be construed to include the time between initial

17  appointment and June 30, 1992, for those appointed for 3-year

18  terms, and June 30, 1993, for those appointed for 4-year

19  terms.  No such member shall be allowed to serve an initial

20  3-year term or fill any vacancy for the remainder of a term

21  for less than 4 years.  Appointment to the board shall not

22  preclude any such member from holding any other private or

23  public position.

24

25         Reviser's note.--Amended to delete provisions

26         that have served their purpose.

27

28         Section 119.  Paragraph (d) of subsection (25) of

29  section 334.03, Florida Statutes, is amended to read:

30         334.03  Definitions.--When used in the Florida

31  Transportation Code, the term:


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                                         HB 1039, Second Engrossed



  1         (25)  "State Highway System" means the following, which

  2  shall be facilities to which access is regulated:

  3         (d)  The urban minor arterial mileage on the existing

  4  State Highway System as of July 1, 1987, plus additional

  5  mileage to comply with the 2-percent requirement as described

  6  below. These urban minor arterial routes shall be selected in

  7  accordance with s. 335.04(1)(a) and (b).

  8

  9  However, not less than 2 percent of the public road mileage of

10  each urbanized area on record as of June 30, 1986, shall be

11  included as minor arterials in the State Highway System.

12  Urbanized areas not meeting the foregoing minimum requirement

13  shall have transferred to the State Highway System additional

14  minor arterials of the highest significance in which case the

15  total minor arterials in the State Highway System from any

16  urbanized area shall not exceed 2.5 percent of that area's

17  total public urban road mileage.

18

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

20         repeal of s. 335.04 by s. 35, ch. 95-257, Laws

21         of Florida.

22

23         Section 120.  Section 336.01, Florida Statutes, is

24  amended to read:

25         336.01  Designation of county road system.--The county

26  road system shall be as defined in s. 334.03(8) 334.03(7).

27

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

29         redesignation of s. 334.03(7) as s. 334.03(8)

30         by s. 2, ch. 93-164, Laws of Florida.

31


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                                         HB 1039, Second Engrossed



  1         Section 121.  Section 337.023, Florida Statutes, is

  2  amended to read:

  3         337.023  Sale of building; acceptance of replacement

  4  building.--Notwithstanding the provisions of s. 216.292(5)(b)

  5  216.292(4)(b), if the department sells a building, the

  6  department may accept the construction of a replacement

  7  building, in response to a request for proposals, totally or

  8  partially in lieu of cash, and may do so without a specific

  9  legislative appropriation.  Such action is subject to the

10  approval of the Executive Office of the Governor, and is

11  subject to the notice, review, and objection procedures under

12  s. 216.177.  The replacement building shall be consistent with

13  the current and projected needs of the department as agreed

14  upon by the department and the Department of Management

15  Services.

16

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

18         redesignation of s. 216.292(4)(b) as s.

19         216.292(5)(b) by s. 9, ch. 98-73, Laws of

20         Florida.

21

22         Section 122.  Subsection (2) of section 337.407,

23  Florida Statutes, is amended to read:

24         337.407  Regulation of signs and lights within

25  rights-of-way.--

26         (2)  The department has the authority to direct removal

27  of any sign erected in violation of subsection (1) paragraph

28  (a), in accordance with the provisions of chapter 479.

29

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

31         redesignation of subunits of s. 337.407


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                                         HB 1039, Second Engrossed



  1         necessitated by the repeal of former subsection

  2         (2) by s. 62, ch. 94-237, Laws of Florida.

  3

  4         Section 123.  Section 338.22, Florida Statutes, is

  5  amended to read:

  6         338.22  Florida Turnpike Law; short title.--Sections

  7  338.22-338.241 338.22-338.244 may be cited as the "Florida

  8  Turnpike Law."

  9

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

11         repeal of s. 338.244 by s. 8, ch. 94-237, Laws

12         of Florida.

13

14         Section 124.  Section 338.221, Florida Statutes, is

15  amended to read:

16         338.221  Definitions of terms used in ss.

17  338.22-338.241 338.22-338.244.--As used in ss. 338.22-338.241

18  338.22-338.244, the following words and terms have the

19  following meanings, unless the context indicates another or

20  different meaning or intent:

21         (1)  "Bonds" or "revenue bonds" means notes, bonds,

22  refunding bonds or other evidences of indebtedness or

23  obligations, in either temporary or definitive form, issued by

24  the Division of Bond Finance on behalf of the department and

25  authorized under the provisions of ss. 338.22-338.241

26  338.22-338.244 and the State Bond Act.

27         (2)  "Cost," as applied to a turnpike project, includes

28  the cost of acquisition of all land, rights-of-way, property,

29  easements, and interests acquired by the department for

30  turnpike project construction; the cost of such construction;

31  the cost of all machinery and equipment, financing charges,


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                                         HB 1039, Second Engrossed



  1  fees, and expenses related to the financing; establishment of

  2  reserves to secure bonds; interest prior to and during

  3  construction and for such period after completion of

  4  construction as shall be determined by the department; the

  5  cost of traffic estimates and of engineering and legal

  6  expenses, plans, specifications, surveys, estimates of cost

  7  and revenues; other expenses necessary or incident to

  8  determining the feasibility or practicability of acquiring or

  9  constructing any such turnpike project; administrative

10  expenses; and such other expenses as may be necessary or

11  incident to the acquisition or construction of a turnpike

12  project, the financing of such acquisition or construction,

13  and the placing of the turnpike project in operation.

14         (3)  "Feeder road" means any road no more than 5 miles

15  in length, connecting to the turnpike system which the

16  department determines is necessary to create or facilitate

17  access to a turnpike project.

18         (4)  "Owner" includes any person or any governmental

19  entity that has title to, or an interest in, any property,

20  right, easement, or interest authorized to be acquired

21  pursuant to ss. 338.22-338.241 338.22-338.244.

22         (5)  "Revenues" means all tolls, charges, rentals,

23  gifts, grants, moneys, and other funds coming into the

24  possession, or under the control, of the department by virtue

25  of the provisions hereof, except the proceeds from the sale of

26  bonds issued under ss. 338.22-338.241 338.22-338.244.

27         (6)  "Turnpike system" means those limited access toll

28  highways and associated feeder roads and other structures,

29  appurtenances, or rights previously designated, acquired, or

30  constructed pursuant to the Florida Turnpike Law and such

31


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                                         HB 1039, Second Engrossed



  1  other additional turnpike projects as may be acquired or

  2  constructed as approved by the Legislature.

  3         (7)  "Turnpike improvement" means any betterment

  4  necessary or desirable for the operation of the turnpike

  5  system, including, but not limited to, widenings, the addition

  6  of interchanges to the existing turnpike system, resurfacings,

  7  toll plazas, machinery, and equipment.

  8         (8)  "Economically feasible" means:

  9         (a)  For a proposed turnpike project, that, as

10  determined by the department before the issuance of revenue

11  bonds for the project, the estimated net revenues of the

12  proposed turnpike project, excluding feeder roads and turnpike

13  improvements, will be sufficient to pay at least 50 percent of

14  the debt service on the bonds by the end of the 5th year of

15  operation and to pay at least 100 percent of the debt service

16  on the bonds by the end of the 15th year of operation. In

17  implementing this paragraph subparagraph, up to 50 percent of

18  the adopted work program costs of the project may be funded

19  from turnpike revenues.

20         (b)  For turnpike projects, except for feeder roads and

21  turnpike improvements, financed from revenues of the turnpike

22  system, such project, or such group of projects, originally

23  financed from revenues of the turnpike system, that the

24  project is expected to generate sufficient revenues to

25  amortize project costs within 15 years of opening to traffic.

26

27  This subsection does not prohibit the pledging of revenues

28  from the entire turnpike system to bonds issued to finance or

29  refinance a turnpike project or group of turnpike projects.

30         (9)  "Turnpike project" means any extension to or

31  expansion of the existing turnpike system and new limited


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                                         HB 1039, Second Engrossed



  1  access toll highways and associated feeder roads and other

  2  structures, interchanges, appurtenances, or rights as may be

  3  approved in accordance with the Florida Turnpike Law.

  4         (10)  "Statement of environmental feasibility" means a

  5  statement by the Department of Environmental Protection of the

  6  project's significant environmental impacts.

  7

  8         Reviser's note.--The introductory paragraph and

  9         subsections (1), (4), and (5) are amended to

10         conform to the repeal of s. 338.244 by s. 8,

11         ch. 94-237, Laws of Florida. Paragraph (8)(a)

12         is amended to conform to the correct citation

13         to the referenced material.

14

15         Section 125.  Subsection (2) of section 338.222,

16  Florida Statutes, is amended to read:

17         338.222  Department of Transportation sole governmental

18  entity to acquire, construct, or operate turnpike projects;

19  exception.--

20         (2)  The department may contract with any local

21  governmental entity as defined in s. 334.03(14) 334.03(13) for

22  the design, right-of-way acquisition, or construction of any

23  turnpike project which the Legislature has approved.  Local

24  governmental entities may negotiate with the department for

25  the design, right-of-way acquisition, and construction of any

26  section of the turnpike project within areas of their

27  respective jurisdictions or within counties with which they

28  have interlocal agreements.

29

30

31


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                                         HB 1039, Second Engrossed



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

  2         redesignation of s. 334.03(13) as s. 334.03(14)

  3         by s. 2, ch. 93-164, Laws of Florida.

  4

  5         Section 126.  Paragraph (b) of subsection (1) and

  6  subsection (3) of section 338.223, Florida Statutes, are

  7  amended to read:

  8         338.223  Proposed turnpike projects.--

  9         (1)

10         (b)  Any proposed turnpike project or improvement shall

11  be developed in accordance with the Florida Transportation

12  Plan and the work program pursuant to s. 339.135.  Turnpike

13  projects that add capacity, alter access, affect feeder roads,

14  or affect the operation of the local transportation system

15  shall be included in the transportation improvement plan of

16  the affected metropolitan planning organization.  If such

17  turnpike project does not fall within the jurisdiction of a

18  metropolitan planning organization, the department shall

19  notify the affected county and provide for public hearings in

20  accordance with s. 339.155(6)(c) 339.155(7)(c).

21

22  After a review of the department's report and any public

23  comments, the Department of Environmental Protection shall

24  submit a statement of environmental feasibility to the

25  department within 30 days after the date on which public

26  comments are due. The notice and the statement of

27  environmental feasibility shall not give rise to any rights to

28  a hearing or other rights or remedies provided pursuant to

29  chapter 120 or chapter 403, and shall not bind the Department

30  of Environmental Protection in any subsequent environmental

31  permit review.


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                                         HB 1039, Second Engrossed



  1         (3)  All obligations and expenses incurred by the

  2  department under this section shall be paid by the department

  3  and charged to the appropriate turnpike project. The

  4  department shall keep proper records and accounts showing each

  5  amount that is so charged. All obligations and expenses so

  6  incurred shall be treated as part of the cost of such project

  7  and shall be reimbursed to the department out of turnpike

  8  revenues or out of the bonds authorized under ss.

  9  338.22-338.241 338.22-338.244 except when such reimbursement

10  is prohibited by state or federal law.

11

12         Reviser's note.--Paragraph (1)(b) is amended to

13         conform to the redesignation of s.

14         339.155(7)(c) as s. 339.155(6)(c) by s. 3, ch.

15         93-164, Laws of Florida.  Subsection (3) is

16         amended to conform to the repeal of s. 338.244

17         by s. 8, ch. 94-237, Laws of Florida.

18

19         Section 127.  Section 338.225, Florida Statutes, is

20  amended to read:

21         338.225  Taking of public road for feeder road.--Before

22  taking over any existing public road for maintenance and

23  operation as a feeder road, the department shall obtain the

24  consent of the governmental entity then exercising

25  jurisdiction over the road, which governmental entity is

26  authorized to give such consent by resolution. Each feeder

27  road or portion of a feeder road acquired, constructed, or

28  taken over under this section for maintenance and operation

29  shall, for all purposes of ss. 338.22-338.241 338.22-338.244,

30  be deemed to constitute a part of the turnpike system, except

31


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                                         HB 1039, Second Engrossed



  1  that no toll shall be charged for transit between points on

  2  such feeder road.

  3

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

  5         repeal of s. 338.244 by s. 8, ch. 94-237, Laws

  6         of Florida.

  7

  8         Section 128.  Subsection (2) of section 338.227,

  9  Florida Statutes, is amended to read:

10         338.227  Turnpike revenue bonds.--

11         (2)  The proceeds of the bonds of each issue shall be

12  used solely for the payment of the cost of the turnpike

13  projects for which such bonds shall have been issued, except

14  as provided in the State Bond Act.  Such proceeds shall be

15  disbursed and used as provided by ss. 338.22-338.241

16  338.22-338.244 and in such manner and under such restrictions,

17  if any, as the Division of Bond Finance may provide in the

18  resolution authorizing the issuance of such bonds or in the

19  trust agreement hereinafter mentioned securing the same.  All

20  revenues and bond proceeds from the turnpike system received

21  by the department pursuant to ss. 338.22-338.241

22  338.22-338.244, the Florida Turnpike Law, shall be used only

23  for the cost of turnpike projects and turnpike improvements

24  and for the administration, operation, maintenance, and

25  financing of the turnpike system. No revenues or bond proceeds

26  from the turnpike system shall be spent for the operation,

27  maintenance, construction, or financing of any project which

28  is not part of the turnpike system.

29

30

31


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                                         HB 1039, Second Engrossed



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

  2         repeal of s. 338.244 by s. 8, ch. 94-237, Laws

  3         of Florida.

  4

  5         Section 129.  Section 338.228, Florida Statutes, is

  6  amended to read:

  7         338.228  Bonds not debts or pledges of credit of

  8  state.--Turnpike revenue bonds issued under the provisions of

  9  ss. 338.22-338.241 338.22-338.244 are not debts of the state

10  or pledges of the faith and credit of the state.  Such bonds

11  are payable exclusively from revenues pledged for their

12  payment.  All such bonds shall contain a statement on their

13  face that the state is not obligated to pay the same or the

14  interest thereon, except from the revenues pledged for their

15  payment, and that the faith and credit of the state is not

16  pledged to the payment of the principal or interest of such

17  bonds.  The issuance of turnpike revenue bonds under the

18  provisions of ss. 338.22-338.241 338.22-338.244 does not

19  directly, indirectly, or contingently obligate the state to

20  levy or to pledge any form of taxation whatsoever, or to make

21  any appropriation for their payment.  Except as provided in

22  ss. 338.001, 338.223, and 338.2275, no state funds shall be

23  used on any turnpike project or to pay the principal or

24  interest of any bonds issued to finance or refinance any

25  portion of the turnpike system, and all such bonds shall

26  contain a statement on their face to this effect.

27

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

29         repeal of s. 338.244 by s. 8, ch. 94-237, Laws

30         of Florida.

31


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                                         HB 1039, Second Engrossed



  1         Section 130.  Section 338.229, Florida Statutes, is

  2  amended to read:

  3         338.229  Pledge to bondholders not to restrict certain

  4  rights of department.--The state does pledge to, and agree

  5  with, the holders of the bonds issued pursuant to ss.

  6  338.22-338.241 338.22-338.244 that the state will not limit or

  7  restrict the rights vested in the department to construct,

  8  reconstruct, maintain, and operate any turnpike project as

  9  defined in ss. 338.22-338.241 338.22-338.244 or to establish

10  and collect such tolls or other charges as may be convenient

11  or necessary to produce sufficient revenues to meet the

12  expenses of maintenance and operation of the turnpike system

13  and to fulfill the terms of any agreements made with the

14  holders of bonds authorized by this act and that the state

15  will not in any way impair the rights or remedies of the

16  holders of such bonds until the bonds, together with interest

17  on the bonds, are fully paid and discharged.

18

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

20         repeal of s. 338.244 by s. 8, ch. 94-237, Laws

21         of Florida.

22

23         Section 131.  Subsections (6) and (7) of section

24  338.231, Florida Statutes, are amended to read:

25         338.231  Turnpike tolls, fixing; pledge of tolls and

26  other revenues.--The department shall at all times fix,

27  adjust, charge, and collect such tolls for the use of the

28  turnpike system as are required in order to provide a fund

29  sufficient with other revenues of the turnpike system to pay

30  the cost of maintaining, improving, repairing, and operating

31  such turnpike system; to pay the principal of and interest on


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                                         HB 1039, Second Engrossed



  1  all bonds issued to finance or refinance any portion of the

  2  turnpike system as the same become due and payable; and to

  3  create reserves for all such purposes.

  4         (6)  In each fiscal year while any of the bonds of the

  5  Broward County Expressway Authority series 1984 and series

  6  1986-A remain outstanding, the department is authorized to

  7  pledge revenues from the turnpike system to the payment of

  8  principal and interest of such series of bonds, the repayment

  9  of Broward County gasoline tax funds as provided in s.

10  338.2275(3) 338.2275(4), and the operation and maintenance

11  expenses of the Sawgrass Expressway, to the extent gross toll

12  revenues of the Sawgrass Expressway are insufficient to make

13  such payments.  The terms of an agreement relative to the

14  pledge of turnpike system revenue will be negotiated with the

15  parties of the 1984 and 1986 Broward County Expressway

16  Authority lease-purchase agreements, and subject to the

17  covenants of those agreements.  The agreement shall establish

18  that the Sawgrass Expressway shall be subject to the planning,

19  management, and operating control of the department limited

20  only by the terms of the lease-purchase agreements.  The

21  department shall provide for the payment of operation and

22  maintenance expenses of the Sawgrass Expressway until such

23  agreement is in effect.  This pledge of turnpike system

24  revenues shall be subordinate to the debt service requirements

25  of any future issue of turnpike bonds, the payment of turnpike

26  system operation and maintenance expenses, and subject to

27  provisions of any subsequent resolution or trust indenture

28  relating to the issuance of such turnpike bonds.

29         (7)  The use and disposition of revenues pledged to

30  bonds are subject to the provisions of ss. 338.22-338.241

31  338.22-338.244 and such regulations as the resolution


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                                         HB 1039, Second Engrossed



  1  authorizing the issuance of such bonds or such trust agreement

  2  may provide.

  3

  4         Reviser's note.--Subsection (6) is amended to

  5         conform to the redesignation of s. 338.2275(4)

  6         as s. 338.2275(3) by s. 20, ch. 97-280, Laws of

  7         Florida.  Subsection (7) is amended to conform

  8         to the repeal of s. 338.244 by s. 8, ch.

  9         94-237, Laws of Florida.

10

11         Section 132.  Section 338.232, Florida Statutes, is

12  amended to read:

13         338.232  Continuation of tolls upon provision for

14  payment of bondholders and assumption of maintenance by

15  department.--When all revenue bonds issued under the

16  provisions of ss. 338.22-338.241 338.22-338.244 in connection

17  with the turnpike system and the interest on the bonds have

18  been paid, or an amount sufficient to provide for the payment

19  of all such bonds and the interest on the bonds to the

20  maturity of the bonds, or such earlier date on which the bonds

21  may be called, has been set aside in trust for the benefit of

22  the bondholders, the department may assume the maintenance of

23  the turnpike system as part of the State Highway System,

24  except that the turnpike system shall remain subject to

25  sufficient tolls to pay the cost of the maintenance, repair,

26  improvement, and operation of the system and the construction

27  of turnpike projects.

28

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

30         repeal of s. 338.244 by s. 8, ch. 94-237, Laws

31         of Florida.


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                                         HB 1039, Second Engrossed



  1         Section 133.  Section 338.239, Florida Statutes, is

  2  amended to read:

  3         338.239  Traffic control on the turnpike system.--

  4         (1)  The department is authorized to adopt rules with

  5  respect to the use of the turnpike system, which rules must

  6  relate to vehicular speeds, loads and dimensions, safety

  7  devices, rules of the road, and other matters necessary to

  8  carry out the purposes of ss. 338.22-338.241 338.22-338.244.

  9  Insofar as these rules may be inconsistent with the provisions

10  of chapter 316, the rules control.  A violation of these rules

11  must be punished pursuant to chapters 316 and 318.

12         (2)  Members of the Florida Highway Patrol are vested

13  with the power, and charged with the duty, to enforce the

14  rules of the department. Expenses incurred by the Florida

15  Highway Patrol in carrying out its powers and duties under ss.

16  338.22-338.241 338.22-338.244 may be treated as a part of the

17  cost of the operation of the turnpike system, and the

18  Department of Highway Safety and Motor Vehicles shall be

19  reimbursed by the Department of Transportation for such

20  expenses incurred on the turnpike mainline, which is that part

21  of the turnpike system extending from the southern terminus in

22  Florida City to the northern terminus in Wildwood including

23  all contiguous sections.

24

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

26         repeal of s. 338.244 by s. 8, ch. 94-237, Laws

27         of Florida.

28

29         Section 134.  Paragraph (b) of subsection (2) of

30  section 339.0805, Florida Statutes, 1998 Supplement, is

31  amended to read:


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                                         HB 1039, Second Engrossed



  1         339.0805  Funds to be expended with certified

  2  disadvantaged business enterprises; specified percentage to be

  3  expended; construction management development program; bond

  4  guarantee program.--It is the policy of the state to

  5  meaningfully assist socially and economically disadvantaged

  6  business enterprises through a program that will provide for

  7  the development of skills through construction and business

  8  management training, as well as by providing contracting

  9  opportunities and financial assistance in the form of bond

10  guarantees, to primarily remedy the effects of past economic

11  disparity.

12         (2)  The department shall revoke the certification of a

13  disadvantaged business enterprise upon receipt of notification

14  of any change in ownership which results in the disadvantaged

15  individual or individuals used to qualify the business as a

16  disadvantaged business enterprise, no longer owning at least

17  51 percent of the business enterprise. Such notification shall

18  be made to the department by certified mail within 10 days

19  after the change in ownership, and such business shall be

20  removed from the certified disadvantaged business list until a

21  new application is submitted and approved by the department.

22  Failure to notify the department of the change in the

23  ownership which qualifies the business as a disadvantaged

24  business enterprise will result in revocation of certification

25  and subject the business to the provisions of s. 337.135. In

26  addition, the department may, for good cause, deny or suspend

27  the certification of a disadvantaged business enterprise. As

28  used in this subsection, the term "good cause" includes, but

29  is not limited to, the disadvantaged business enterprise:

30

31


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                                         HB 1039, Second Engrossed



  1         (b)  Making a false, deceptive, or fraudulent statement

  2  in it its application for certification or in any other

  3  information submitted to the department;

  4

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

  6         facilitate correct interpretation.

  7

  8         Section 135.  Paragraph (e) of subsection (7) of

  9  section 339.135, Florida Statutes, is amended to read:

10         339.135  Work program; legislative budget request;

11  definitions; preparation, adoption, execution, and

12  amendment.--

13         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

14         (e)  Notwithstanding the requirements in paragraph (d)

15  and ss. 216.177(2) and 216.351, the secretary may request the

16  Executive Office of the Governor to amend the adopted work

17  program when an emergency exists, as defined in s. 252.34(3)

18  252.34(2), and the emergency relates to the repair or

19  rehabilitation of any state transportation facility.  The

20  Executive Office of the Governor may approve the amendment to

21  the adopted work program and amend that portion of the

22  department's approved budget in the event that the delay

23  incident to the notification requirements in paragraph (d)

24  would be detrimental to the interests of the state.  However,

25  the department shall immediately notify the parties specified

26  in paragraph (d) and shall provide such parties written

27  justification for the emergency action within 7 days of the

28  approval by the Executive Office of the Governor of the

29  amendment to the adopted work program and the department's

30  budget.  In no event may the adopted work program be amended

31  under the provisions of this subsection without the


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                                         HB 1039, Second Engrossed



  1  certification by the comptroller of the department that there

  2  are sufficient funds available pursuant to the 36-month cash

  3  forecast and applicable statutes.

  4

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

  6         redesignation of s. 252.34(2) as s. 252.34(3)

  7         by s. 10, ch. 93-211, Laws of Florida.

  8

  9         Section 136.  Subsection (5) of section 341.051,

10  Florida Statutes, is reenacted and amended to read:

11         341.051  Administration and financing of public transit

12  programs and projects.--

13         (5)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--

14         (a)  The department may fund up to 50 percent of the

15  nonfederal share of the costs, not to exceed the local share,

16  of any eligible public transit capital project or commuter

17  assistance project that is local in scope; except, however,

18  that departmental participation in the final design,

19  right-of-way acquisition, and construction phases of an

20  individual fixed-guideway project which is not approved for

21  federal funding shall not exceed an amount equal to 12.5

22  percent of the total cost of each phase.

23         (b)  The Department of Transportation shall develop a

24  major capital investment policy which shall include policy

25  criteria and guidelines for the expenditure or commitment of

26  state funds for public transit capital projects. The policy

27  shall include the following:

28         1.  Methods to be used to determine consistency of a

29  transit project with the approved local government

30  comprehensive plans of the units of local government in which

31  the project is located.


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                                         HB 1039, Second Engrossed



  1         2.  Methods for evaluating the level of local

  2  commitment to a transit project, which is to be demonstrated

  3  through system planning and the development of a feasible plan

  4  to fund operating cost through fares, value capture techniques

  5  such as joint development and special districts, or other

  6  local funding mechanisms.

  7         3.  Methods for evaluating alternative transit systems

  8  including an analysis of technology and alternative methods

  9  for providing transit services in the corridor.

10

11  The department shall present such investment policy to both

12  the Senate Transportation Committee and the House Public

13  Transportation Committee along with recommended legislation by

14  March 1, 1991.

15         (c)  The department is authorized to fund up to 100

16  percent of the cost of any eligible transit capital project or

17  commuter assistance project that is statewide in scope or

18  involves more than one county where no other governmental

19  entity or appropriate jurisdiction exists.

20         (d)  The department is authorized to advance up to 80

21  percent of the capital cost of any eligible project that will

22  assist Florida's transit systems in becoming fiscally

23  self-sufficient.  Such advances shall be reimbursed to the

24  department on an appropriate schedule not to exceed 5 years

25  after the date of provision of the advances.

26         (e)  The department is authorized to fund up to 100

27  percent of the capital and net operating costs of statewide

28  transit service development projects or transit corridor

29  projects.  All transit service development projects shall be

30  specifically identified by way of a departmental appropriation

31  request, and transit corridor projects shall be identified as


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                                         HB 1039, Second Engrossed



  1  part of the planned improvements on each transportation

  2  corridor designated by the department.  The project

  3  objectives, the assigned operational and financial

  4  responsibilities, the timeframe required to develop the

  5  required service, and the criteria by which the success of the

  6  project will be judged shall be documented by the department

  7  for each such transit service development project or transit

  8  corridor project.

  9         (f)  The department is authorized to fund up to 50

10  percent of the capital and net operating costs of transit

11  service development projects that are local in scope and that

12  will improve system efficiencies, ridership, or revenues.  All

13  such projects shall be identified in the appropriation request

14  of the department through a specific program of projects, as

15  provided for in s. 341.041, that is selectively applied in the

16  following functional areas and is subject to the specified

17  times of duration:

18         1.  Improving system operations, including, but not

19  limited to, realigning route structures, increasing system

20  average speed, decreasing deadhead mileage, expanding area

21  coverage, and improving schedule adherence, for a period of up

22  to 3 years;

23         2.  Improving system maintenance procedures, including,

24  but not limited to, effective preventive maintenance programs,

25  improved mechanics training programs, decreasing service

26  repair calls, decreasing parts inventory requirements, and

27  decreasing equipment downtime, for a period of up to 3 years;

28         3.  Improving marketing and consumer information

29  programs, including, but not limited to, automated information

30  services, organized advertising and promotion programs, and

31


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                                         HB 1039, Second Engrossed



  1  signing of designated stops, for a period of up to 2 years;

  2  and

  3         4.  Improving technology involved in overall

  4  operations, including, but not limited to, transit equipment,

  5  fare collection techniques, electronic data processing

  6  applications, and bus locators, for a period of up to 2 years.

  7

  8  The term "net operating costs" means all operating costs of a

  9  project less any federal funds, fares, or other sources of

10  income to the project.

11

12         Reviser's note.--Section 57, ch. 95-257, Laws

13         of Florida, purported to amend paragraphs

14         (5)(a) and (c) of s. 341.051, but did not set

15         out in full the amended material to include the

16         flush left language at the end of the

17         subsection.  In the absence of affirmative

18         evidence that the Legislature intended to

19         repeal the omitted material, subsection (5) is

20         reenacted to confirm that the omission was not

21         intended.  Subsection (5) is also amended to

22         delete a provision that has served its purpose.

23

24         Section 137.  Subsection (1) of section 341.321,

25  Florida Statutes, is amended to read:

26         341.321  Development of high-speed rail transportation

27  system; legislative findings, policy, purpose, and intent.--

28         (1)  The intent of ss. 341.3201-341.386 is to further

29  and advance the goals and purposes of the 1984 High Speed Rail

30  Transportation Commission Act; to ensure a harmonious

31  relationship between that act and the various growth


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                                         HB 1039, Second Engrossed



  1  management laws enacted by the Legislature including the Local

  2  Government Comprehensive Planning and Land Development

  3  Regulation Act, ss. 163.3161-163.3215 163.3616-363.3215, the

  4  Florida State Comprehensive Planning Act of 1972, as amended,

  5  ss. 186.001-186.031 186.011-186.031, the Florida Regional

  6  Planning Council Act, ss. 186.501-186.513 186.501-186.512, and

  7  the State Comprehensive Plan, chapter 187; to promote the

  8  implementation of these acts in an effective manner; and to

  9  encourage and enhance the establishment of a high-speed rail

10  transportation system connecting the major urban areas of the

11  state as expeditiously as is economically feasible.

12  Furthermore, it is the intent of the Legislature that any

13  high-speed rail line and transit station be consistent to the

14  maximum extent feasible with local comprehensive plans, and

15  that any other development associated with the rail line and

16  transit station shall ultimately be consistent with

17  comprehensive plans. The Legislature therefore reaffirms these

18  enactments and further finds:

19         (a)  That the implementation of a high-speed rail

20  transportation system in the state will result in overall

21  social and environmental benefits, improvements in ambient air

22  quality, better protection of water quality, greater

23  preservation of wildlife habitat, less use of open space, and

24  enhanced conservation of natural resources and energy.

25         (b)  That a high-speed rail transportation system, when

26  used in conjunction with sound land use planning, becomes a

27  vigorous force in achieving growth management goals and in

28  encouraging the use of public transportation to augment and

29  implement land use and growth management goals and objectives.

30         (c)  That urban and social benefits include

31  revitalization of blighted or economically depressed areas,


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                                         HB 1039, Second Engrossed



  1  the redirection of growth in a carefully and comprehensively

  2  planned manner, and the creation of numerous employment

  3  opportunities within inner-city areas.

  4         (d)  That transportation benefits include improved

  5  travel times and more reliable travel, hence increased

  6  productivity. High-speed rail is far safer than other modes of

  7  transportation and, therefore, travel-related deaths and

  8  injuries can be reduced, and millions of dollars can be saved

  9  from avoided accidents.

10

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

12         correct citations to the referenced acts.

13

14         Section 138.  Paragraph (c) of subsection (2) of

15  section 348.0005, Florida Statutes, is amended to read:

16         348.0005  Bonds.--

17         (2)

18         (c)  Said bonds shall be sold by the authority at

19  public sale by competitive bid. However, if the authority,

20  after receipt of a written recommendation from a financial

21  adviser, shall determine by official action after public

22  hearing by a two-thirds vote of all voting members of the

23  authority that a negotiated sale of the bonds is in the best

24  interest of the authority, the authority may negotiate for

25  sale of the bonds with the underwriter or underwriters

26  designated by the authority and the county in which the

27  authority exists. The authority shall provide specific

28  findings in a resolution as to the reasons requiring the

29  negotiated sale, which resolution shall incorporate and have

30  attached thereto the written recommendation of the financial

31  adviser required by this subsection (4).


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                                         HB 1039, Second Engrossed



  1         Reviser's note.--Amended to facilitate correct

  2         interpretation.  There is no subsection (4).

  3

  4         Section 139.  Paragraph (a) of subsection (2) of

  5  section 348.242, Florida Statutes, is amended to read:

  6         348.242  Broward County Expressway Authority.--

  7         (2)  The governing body of the authority shall consist

  8  of five members. Each member of the governing body shall be a

  9  permanent resident of Broward County at all times during his

10  or her term of office.

11         (a)  Two members shall be appointed by the Governor,

12  subject to confirmation by the Senate, and three members shall

13  be appointed by the Board of County Commissioners of Broward

14  County. Not more than one of the members appointed by the

15  board of county commissioners may be a member of that board.

16  One of the two members appointed by the Governor must be an

17  elected municipal official, and the other member may not be an

18  officeholder.  The members appointed by the Governor shall

19  serve terms of 4 years. If the member appointed by the

20  Governor does not remain in elected municipal office, that

21  member's seat shall become vacant. Initially, two members of

22  the authority appointed by the Board of County Commissioners

23  of Broward County shall serve terms of 2 years, and one member

24  so appointed shall serve a term of 4 years; thereafter, The

25  term of each appointed member shall be for 4 years. A vacancy

26  occurring during a term shall be filled by the original

27  appointing authority only for the balance of the unexpired

28  term. Any member of the authority is eligible for

29  reappointment.  Members appointed by the Board of County

30  Commissioners of Broward County shall be reviewed annually by

31  the board.


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                                         HB 1039, Second Engrossed



  1         Reviser's note.--Amended to delete provisions

  2         that have served their purpose.

  3

  4         Section 140.  Section 349.21, Florida Statutes, is

  5  amended to read:

  6         349.21  Powers conferred by part VI, chapter 163, and

  7  by s. 212.055(1).--Notwithstanding any other provision of law,

  8  any transportation authority created by this chapter shall

  9  have all the powers conferred by part VI of chapter 163 and by

10  s. 212.055(1).  The revenues provided by this section shall be

11  used to pay principal and interest on bonds for which tolls

12  have been pledged.  The powers provided by this section shall

13  expire when all such bonds in existence on the effective date

14  of this act have been retired.

15

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

17         repeal by s. 105, ch. 90-136, Laws of Florida,

18         of the provisions formerly contained in part VI

19         of chapter 163, redesignated as part VII when a

20         new part IV was added by ch. 87-243, Laws of

21         Florida.

22

23         Section 141.  Subsection (3) of section 350.031,

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

25         350.031  Florida Public Service Commission Nominating

26  Council.--

27         (3)  A majority of the membership of the council may

28  conduct any business before the council.  All meetings and

29  proceedings of the council shall be staffed by the Office of

30  Legislative Services and shall be subject to the provisions of

31  ss. 119.07 and 286.011.  Members of the council are entitled


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                                         HB 1039, Second Engrossed



  1  to receive per diem and travel expenses as provided in s.

  2  112.061, which shall be funded by the Florida Public Service

  3  Regulatory Trust Fund.  Applicants invited for interviews

  4  before the council may, in the discretion of the council,

  5  receive per diem and travel expenses as provided in s. 112.061

  6  112.06, which shall be funded by the Florida Public Service

  7  Regulatory Trust Fund.  The council shall establish policies

  8  and procedures to govern the process by which applicants are

  9  nominated.

10

11         Reviser's note.--Amended to facilitate correct

12         interpretation. Provisions relating to per diem

13         and travel expenses are in s. 112.061.

14

15         Section 142.  Subsection (3) of section 350.0605,

16  Florida Statutes, is amended to read:

17         350.0605  Former commissioners and employees;

18  representation of clients before commission.--

19         (3)  For a period of 2 years following termination of

20  service on the commission, a former member may not accept

21  employment by or compensation from a business entity which,

22  directly or indirectly, owns or controls a public utility

23  regulated by the commission, from a public utility regulated

24  by the commission, from a business entity which, directly or

25  indirectly, is an affiliate or subsidiary of a public utility

26  regulated by the commission or is an actual business

27  competitor of a local exchange company or public utility

28  regulated by the commission and is otherwise exempt from

29  regulation by the commission under ss. 364.02(12) 364.02(7)

30  and 366.02(1), or from a business entity or trade association

31  that has been a party to a commission proceeding within the 2


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                                         HB 1039, Second Engrossed



  1  years preceding the member's termination of service on the

  2  commission.  This subsection applies only to members of the

  3  Florida Public Service Commission who are appointed or

  4  reappointed after May 10, 1993.

  5

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

  7         redesignation of s. 364.02(7) as s. 364.02(12)

  8         by s. 6, ch. 95-403, Laws of Florida.

  9

10         Section 143.  Effective October 1, 2002, sections

11  351.03, 351.034, 351.35, 351.36, and 351.37, Florida Statutes,

12  are reenacted to read:

13         351.03  Railroad-highway grade-crossing warning signs

14  and signals; audible warnings; exercise of reasonable care;

15  blocking highways, roads, and streets during darkness.--

16         (1)  Every railroad company shall exercise reasonable

17  care for the safety of motorists whenever its track crosses a

18  highway and shall be responsible for erecting and maintaining

19  crossbuck grade-crossing warning signs in accordance with the

20  uniform system of traffic control devices adopted pursuant to

21  s. 316.0745.  Such crossbuck signs shall be erected and

22  maintained at all public or private railroad-highway grade

23  crossings.

24         (2)  Advance railroad warning signs and pavement

25  markings shall be installed and maintained at public

26  railroad-highway grade crossings in accordance with the

27  uniform system of traffic control devices by the governmental

28  entity having jurisdiction over or maintenance responsibility

29  for the highway or street.  All persons approaching a

30  railroad-highway grade crossing shall exercise reasonable care

31  for their own safety and for the safety of railroad train


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                                         HB 1039, Second Engrossed



  1  crews as well as for the safety of train or vehicle

  2  passengers.

  3         (3)  Except as provided in subsection (4), any railroad

  4  train approaching within 1,500 feet of a public

  5  railroad-highway grade crossing shall emit a signal audible

  6  for such distance.

  7         (4)(a)  The Department of Transportation and the

  8  Federal Railroad Administration may authorize a municipality

  9  or county to implement a whistle ban provided the following

10  conditions are met:

11         1.  A traffic operations system is implemented to

12  secure railroad-highway grade crossings for the purpose of

13  preventing vehicles from going around, under, or through

14  lowered railroad gates.

15         2.  The municipality or county has in effect an

16  ordinance that unconditionally prohibits the sounding of

17  railroad train horns and whistles during the hours of 10 p.m.

18  and 6 a.m. at all public railroad-highway grade crossings

19  within the municipality or county and where the municipality,

20  county, or state has erected signs at the crossing announcing

21  that railroad train horns and whistles may not be sounded

22  during such hours. Signs so erected shall be in conformance

23  with the uniform system of traffic control devices as

24  specified in s. 316.0745.

25         (b)  Upon final approval and verification by the

26  department and the Federal Railroad Administration that such

27  traffic operations system meets all state and federal safety

28  and traffic regulations and that such railroad-highway grade

29  crossings can be secured, the municipality or county may pass

30  an ordinance prohibiting the sounding of audible warning

31


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                                         HB 1039, Second Engrossed



  1  devices by trains upon approaching such railroad-highway grade

  2  crossings between the hours of 10 p.m. and 6 a.m.

  3         (c)  Nothing in this subsection shall be construed to

  4  nullify the liability provisions of s. 768.28.

  5         (5)(a)  Whenever a railroad train engages in a

  6  switching operation or stops so as to block a public highway,

  7  street, or road at any time from one-half hour after sunset to

  8  one-half hour before sunrise, the crew of the railroad train

  9  shall cause to be placed a lighted fusee or other visual

10  warning device in both directions from the railroad train upon

11  or at the edge of the pavement of the highway, street, or road

12  to warn approaching motorists of the railroad train blocking

13  the highway, street, or road.  However, this subsection does

14  not apply to railroad-highway grade crossings at which there

15  are automatic warning devices properly functioning or at which

16  there is adequate lighting.

17         (b)  A person who violates any provision of paragraph

18  (a) is guilty of a misdemeanor of the second degree,

19  punishable as provided in s. 775.082 or s. 775.083.

20         351.034  Railroad-highway grade crossings to be cleared

21  for emergency vehicles.--Except for trains or equipment

22  stopped due to mechanical failure where separation or movement

23  is not possible, any train or equipment that has come to a

24  complete stop and is blocking a railroad-highway grade

25  crossing must be cut, separated, or moved to clear the

26  crossing upon the approach of any emergency vehicle, which for

27  the purpose of this law shall be:

28         (1)  An ambulance operated by public authority or by

29  private persons;

30         (2)  A fire engine; or an emergency vehicle operated by

31  power or electric companies; or


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                                         HB 1039, Second Engrossed



  1         (3)  Any other vehicle when operated as an emergency

  2  vehicle, defined as one which is engaged in the saving of

  3  life, property, or responding to any other public peril; or

  4         (4)  Emergency vehicles used as such by the Government

  5  of the United States; when upon the approach of such emergency

  6  vehicle, such vehicle gives due warning of its approach to

  7  such crossing by the sounding of sirens, flashing of lights,

  8  waving of flag, or any other warning sufficient to attract

  9  attention to such emergency vehicle; and thereupon the said

10  train or equipment shall be cut and said crossing shall be

11  cleared with all possible dispatch to permit the crossing and

12  passing through of said emergency vehicle.

13         351.35  Railroad tracks and related equipment; safety

14  rules; penalties.--

15         (1)  The Department of Transportation shall adopt rules

16  requiring companies operating railroads wholly or in part in

17  the state to maintain tracks and all supportive, related

18  equipment, including locomotives and other rolling stock, of

19  such railroad companies within the state in a safe condition.

20         (2)  If any company operating a railroad either in

21  whole or in part within the state fails to comply with any

22  rule adopted by the department, such company shall thereby

23  incur a penalty as provided for in applicable federal

24  regulations.

25         351.36  Railroad safety inspections and inspectors.--

26         (1)  The Department of Transportation shall employ

27  competent safety inspectors to inspect the physical conditions

28  of the tracks and all supportive, related equipment, including

29  locomotives and other rolling stock, of any railroad operated

30  wholly or in part in the state.  Safety inspectors shall

31  attain Federal Railroad Administration employment


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                                         HB 1039, Second Engrossed



  1  qualifications necessary to qualify the state for federal

  2  funds.

  3         (2)  The inspectors shall report in writing the results

  4  of their inspections in the manner and on forms prescribed by

  5  the department.

  6         351.37  Railroad safety.--The state shall supplement

  7  and not replace the responsibility of the Federal Government

  8  in the inspection of physical conditions of railroad

  9  facilities within the state to ascertain compliance with

10  federal standards and regulations. Because this is a

11  supplementary program, the state shall not be deemed to be

12  liable for any actions or omissions in inspecting or failing

13  to inspect railroad facilities.  The provisions of this act

14  replace all other provisions in the Florida Statutes relating

15  to jurisdiction over railroad safety.

16

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

18         repeal of the s. 11.61 repeal of ss.

19         351.03-351.37 by s. 4, ch. 91-429, Laws of

20         Florida, and the confirmation of that repeal by

21         s. 33, ch. 96-318, Laws of Florida.

22

23         Section 144.  Section 354.01, Florida Statutes, is

24  amended to read:

25         354.01  Appointment of special officers.--Upon the

26  application of any railroad or other common carrier doing

27  business in this state, the Governor shall appoint one or more

28  persons who have met the law enforcement qualifications and

29  training requirements of s. 943.13(1)-(10) as special officers

30  for the protection and safety of such carriers; their

31  passengers and employees; and the property of such carriers,


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                                         HB 1039, Second Engrossed



  1  passengers, and employees.  Any special officer appointed

  2  before October 1, 1982, shall meet the training requirements

  3  no later than October 1, 1985.

  4

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

  6         that has served its purpose.

  7

  8         Section 145.  Effective October 1, 2002, section

  9  354.01, Florida Statutes, is reenacted to read:

10         354.01  Appointment of special officers.--Upon the

11  application of any railroad or other common carrier doing

12  business in this state, the Governor shall appoint one or more

13  persons who have met the law enforcement qualifications and

14  training requirements of s. 943.13(1)-(10) as special officers

15  for the protection and safety of such carriers; their

16  passengers and employees; and the property of such carriers,

17  passengers, and employees.

18

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

20         repeal of the s. 11.61 repeal of s. 354.01 by

21         s. 4, ch. 91-429, Laws of Florida, and the

22         confirmation of that repeal by s. 33, ch.

23         96-318, Laws of Florida.

24

25         Section 146.  Effective October 1, 2002, sections

26  354.02, 354.03, 354.04, 354.05, and 354.07, Florida Statutes,

27  are reenacted to read:

28         354.02  Powers.--Each special officer shall have and

29  exercise throughout every county in which the common carrier

30  for which he or she was appointed, shall do business, operate,

31  or own property, the power to make arrests for violation of


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                                         HB 1039, Second Engrossed



  1  law on the property of such common carrier, and to arrest

  2  persons, whether on or off such carrier's property, violating

  3  any law on such carrier's property, under the same conditions

  4  under which deputy sheriffs may by law make arrests, and shall

  5  have authority to carry weapons for the reasonable purpose of

  6  their offices.

  7         354.03  Bond.--Before entering into the performance of

  8  his or her duties every such special officer shall enter into

  9  a good and sufficient bond payable to the Governor of Florida,

10  and the Governor's successors, in the penal sum of $5,000,

11  with some surety company authorized to do business in this

12  state as surety thereon, conditioned for the faithful

13  performance of his or her duties, and to pay any and all

14  damage done by any illegal act committed by him or her, to be

15  approved by the Department of Banking and Finance.

16         354.04  Compensation.--Such special officers shall not

17  receive any fees or salary from the state or any county, but

18  their compensation shall be agreed upon and paid by the

19  carrier making such application.

20         354.05  Term of office; removal.--The special officers

21  provided for herein shall be commissioned by the Governor, and

22  their commissions shall continue so long as they are employed

23  in such capacity by the railroad or other common carrier; but

24  they shall be removed by the Governor at any time, in the

25  manner and for the causes provided by law.

26         354.07  Suit for damages on bond.--Any person whose

27  person or property has been damaged by the wrongful act of

28  such special officer may bring suit for the redress of such

29  wrong on the bond of such officer. The remedy provided in this

30  section is not exclusive of any remedy that otherwise may

31  exist.


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                                         HB 1039, Second Engrossed



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

  2         repeal of the s. 11.61 repeal of ss.

  3         354.02-354.07 by s. 4, ch. 91-429, Laws of

  4         Florida, and the confirmation of that repeal by

  5         s. 33, ch. 96-318, Laws of Florida.

  6

  7         Section 147.  Effective October 1, 2002, section

  8  361.025, Florida Statutes, is reenacted to read:

  9         361.025  Right of eminent domain to railroad

10  companies.--Any railroad company organized under the laws of

11  this state, or organized under the laws of any other state and

12  qualified to do business in this state, shall have the right

13  of eminent domain to enter upon, for survey purposes, any land

14  necessary for the construction, operation, and maintenance of

15  its roads and required facilities and to appropriate the same

16  or any part thereof upon making due compensation according to

17  the procedures set forth in chapters 73 and 74; however, no

18  such company shall have the right of eminent domain with

19  respect to property belonging to the state or any agency

20  thereof.  Any railroad company may construct, operate, and

21  maintain its roads and required facilities on such property,

22  subject only to the permitting requirements and reasonable

23  regulations that may be imposed by the public authorities

24  having jurisdiction over such property.  The right of eminent

25  domain for the purpose of securing terminal facilities on any

26  waters of this state, including a sufficient amount of land

27  for such facilities, shall be subordinate to the right of the

28  governmental entity wherein the property is located to condemn

29  such property through the exercise of its powers of eminent

30  domain for a public purpose.

31


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                                         HB 1039, Second Engrossed



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

  2         repeal of the s. 11.61 repeal of s. 361.025 by

  3         s. 4, ch. 91-429, Laws of Florida, and the

  4         confirmation of that repeal by s. 33, ch.

  5         96-318, Laws of Florida.

  6

  7         Section 148.  Paragraph (c) of subsection (3) and

  8  paragraph (b) of subsection (4) of section 364.509, Florida

  9  Statutes, are amended to read:

10         364.509  The Florida Distance Learning Network;

11  creation; membership; organization; meetings.--

12         (3)  The Florida Distance Learning Network is

13  established with the necessary powers to exercise

14  responsibility for statewide leadership in coordinating,

15  enhancing, and serving as a resource center for advanced

16  telecommunications services and distance learning in all

17  public education delivery systems.  The Florida Distance

18  Learning Network shall be governed by a board of directors

19  which shall consist of the following members:

20         (c)  The executive director of the Florida State

21  Community College System or the executive director's designee.

22         (4)

23         (b)  The board of directors shall meet within 30 days

24  after July 1, 1995, and shall continue to meet at least 4

25  times each year, upon the call of the chairperson, or at the

26  request of a majority of the membership.  The board of

27  directors shall take official action only by consensus.

28

29         Reviser's note.--Paragraph (3)(c) is amended to

30         conform to the redesignation of the State

31         Community College System as the Florida


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                                         HB 1039, Second Engrossed



  1         Community College System by s. 15, ch. 98-58,

  2         Laws of Florida.  Paragraph (4)(b) is amended

  3         to delete a provision that has served its

  4         purpose.

  5

  6

  7         Section 149.  Subsections (1) and (3) of section

  8  368.061, Florida Statutes, are amended to read:

  9         368.061  Penalty.--

10         (1)  Any person who violates any provision of this part

11  chapter, or any regulation issued hereunder, shall be subject

12  to a civil penalty not to exceed $25,000 for each violation

13  for each day that such violation persists, except that the

14  maximum civil penalty shall not exceed $500,000 for any

15  related series of violations.

16         (3)  The commissioners may, at their discretion, cause

17  to be instituted in any court of competent jurisdiction in

18  this state proceedings for injunction against any person

19  subject to the provisions of this part chapter to compel the

20  observance of the provisions of this part chapter or any rule,

21  regulation or requirement of the commission made thereunder.

22

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

24         division of the chapter into parts incident to

25         the compilation of ch. 92-284, Laws of Florida.

26

27         Section 150.  Paragraph (e) of subsection (4) of

28  section 370.06, Florida Statutes, 1998 Supplement, is amended

29  to read:

30         370.06  Licenses.--

31         (4)  SPECIAL ACTIVITY LICENSES.--


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                                         HB 1039, Second Engrossed



  1         (e)  The department is authorized to issue special

  2  activity licenses in accordance with ss. 370.071, 370.101, and

  3  this section; aquaculture permit consolidation procedures in

  4  s. 370.26(2) 370.26(3)(a); and rules of the Marine Fisheries

  5  Commission to permit the capture and possession of saltwater

  6  species protected by law and used as stock for artificial

  7  cultivation and propagation.

  8

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

10         redesignation of s. 370.26(3)(a) as s.

11         370.26(2) by s. 14, ch. 98-333, Laws of

12         Florida.

13

14         Section 151.  Subsection (7) and paragraphs (a) and (h)

15  of subsection (12) of section 370.0605, Florida Statutes, 1998

16  Supplement, are amended to read:

17         370.0605  Saltwater fishing license required; fees.--

18         (7)(a)  Each county tax collector, as issuing agent for

19  the department, shall submit to the department by January 31,

20  1997, a report of the sale of, and payment for, all licenses

21  and permits sold between June 1, 1996, and December 31, 1996.

22         (b)  By March 15, 1997, each county tax collector shall

23  provide the department with a written report, on forms

24  provided by the department, of the audit numbers of all

25  unissued licenses and permits for the period of June 1, 1996,

26  to December 31, 1996.  Within 30 days after the submission of

27  the annual audit report, each county tax collector shall

28  provide the department with a written audit report of

29  unissued, sold, and voided licenses, permits, and stamps,

30  together with a certified reconciliation statement prepared by

31  a certified public accountant.  Concurrent with the submission


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                                         HB 1039, Second Engrossed



  1  of the certification, the county tax collector shall remit to

  2  the department the monetary value of all licenses, permits,

  3  and stamps that are unaccounted for. Each tax collector is

  4  also responsible for fees for all licenses, permits, and

  5  stamps distributed by him or her to subagents, sold by him or

  6  her, or reported by him or her as lost.

  7         (12)(a)  Any person cited for a violation of the

  8  license requirements of subsection (1) or the permit stamp

  9  requirements of s. 370.1111(1)(a) or s. 370.14(10)(a)

10  370.14(11)(a) is guilty of a noncriminal infraction, shall be

11  cited for such an infraction, and shall be cited to appear

12  before the county court.  The civil penalty for any such

13  infraction is $50, in addition to the cost of the amount of

14  the annual license fee or stamp involved in the infraction,

15  except as otherwise provided in this section.  The civil

16  penalty for any other noncriminal infraction shall be $50,

17  except as otherwise provided in this section.

18         (h)  Effective October 1, 1991, Any person who fails to

19  pay the civil penalty specified in paragraph (a) within 30

20  days or who fails to appear before the court is guilty of a

21  misdemeanor of the second degree, punishable as provided in s.

22  775.082 or s. 775.083.

23

24         Reviser's note.--Subsection (7) and paragraph

25         (12)(h) are amended to delete provisions that

26         have served their purpose. Paragraph (12)(a) is

27         amended to conform to the substitution of

28         permit requirements for stamp requirements in

29         ss. 370.1111 and 370.14 by ss. 8 and 9, ch.

30         96-300, Laws of Florida, respectively, and to

31         conform to the redesignation of s.


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                                         HB 1039, Second Engrossed



  1         370.14(11)(a) as s. 370.14(10)(a) necessitated

  2         by the repeal of former s. 370.14(6) by s. 20,

  3         ch. 98-227, Laws of Florida.

  4

  5         Section 152.  Subsection (3) of section 370.063,

  6  Florida Statutes, is amended to read:

  7         370.063  Special recreational crawfish license.--There

  8  is created a special recreational crawfish license, to be

  9  issued to qualified persons as provided by this section for

10  the recreational harvest of crawfish (spiny lobster) beginning

11  August 5, 1994.

12         (3)  The holder of a special recreational crawfish

13  license must also possess the recreational crawfish permit

14  stamp required by s. 370.14(10) 370.14(11) and the license

15  required by s. 370.0605.

16

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

18         substitution of recreational crawfish permits

19         for recreational crawfish stamps by s. 9, ch.

20         96-300, Laws of Florida, and the redesignation

21         of s. 370.14(11) as s. 370.14(10) necessitated

22         by the repeal of former s. 370.14(6) by s. 20,

23         ch. 98-227, Laws of Florida.

24

25         Section 153.  Subsection (3) and paragraph (b) of

26  subsection (4) of section 370.0821, Florida Statutes, 1998

27  Supplement, are amended to read:

28         370.0821  St. Johns County; use of nets.--

29         (3)  No person, firm, or corporation shall use, or

30  cause to be used, any manner of seine net, other than a

31  recreational net as hereafter defined, in the salt waters of


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                                         HB 1039, Second Engrossed



  1  St. Johns County, or within 1 mile seaward of the Atlantic

  2  Ocean beaches and coast thereof, without a permit issued by

  3  the Division of Marine Resources of the Department of

  4  Environmental Protection. Applications for such permits shall

  5  be made on forms to be supplied by the division, which shall

  6  require the applicant to furnish such information as may be

  7  deemed pertinent to the best interests of saltwater

  8  conservation. The fee for such permits shall be $250 per year.

  9  Each permit shall entitle the holder thereof to use no more

10  than one seine net at any one time, subject to the provisions

11  of subsections (1) and, (2), and (3). The division may refuse

12  to grant any permit when it is apparent that the best

13  interests of saltwater conservation will be served by such

14  denial. All permits granted shall be in the holder's

15  possession whenever the holder is engaged in using a seine

16  net. Each permit is subject to immediate revocation upon

17  conviction of a violation of any provision of this section or

18  when it is apparent that the best interests of saltwater

19  conservation will be served by such revocation.

20         (4)

21         (b)1.  No recreational net may be set or hauled within

22  100 feet of any other recreational or commercial net.

23         2.  No recreational net shall be used after the hours

24  of sunset and before sunrise between May 1 and September 15 of

25  each year.

26         3.  Unless the user of a recreational net is also a

27  holder of a permit specified in subsection (3) (4), no user of

28  a recreational net shall retain on the beach, in a vehicle on

29  the beach, or in a boat, during the time that such net is in

30  use, more than one bushel container of fish per net in use.

31  All fish in excess of one bushel container per net and all


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                                         HB 1039, Second Engrossed



  1  unwanted species taken shall be returned alive to the waters

  2  when caught.

  3

  4         Reviser's note.--Subsection (3) is amended to

  5         conform to the repeal of former subsection (3)

  6         by s. 12, ch. 98-227, Laws of Florida.

  7         Paragraph (4)(b) is amended to conform to the

  8         redesignation of subsection (4) as subsection

  9         (3) necessitated by the repeal of former

10         subsection (3) by s. 12, ch. 98-227.

11

12         Section 154.  Paragraph (b) of subsection (4) of

13  section 370.12, Florida Statutes, 1998 Supplement, is amended

14  to read:

15         370.12  Marine animals; regulation.--

16         (4)  ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--

17         (b)  Each fiscal year moneys in the Save the Manatee

18  Trust Fund shall also be used, pursuant to s. 327.28(1)(b), to

19  reimburse the cost of activities related to manatee

20  rehabilitation by facilities that rescue, rehabilitate, and

21  release manatees as authorized pursuant to the Fish and

22  Wildlife Service of the United States Department of the

23  Interior. Such facilities must be involved in the actual

24  rescue and full-time acute care veterinarian-based

25  rehabilitation of manatees. The cost of activities includes,

26  but is not limited to, costs associated with expansion,

27  capital outlay, repair, maintenance, and operations related to

28  the rescue, treatment, stabilization, maintenance, release,

29  and monitoring of manatees. Moneys distributed through

30  contractual agreement to each facility for manatee

31  rehabilitation shall be proportionate to the number of


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                                         HB 1039, Second Engrossed



  1  manatees under acute care rehabilitation and those released

  2  during the previous fiscal year. However, the reimbursement

  3  may not exceed the total amount available pursuant to ss.

  4  327.25(11) 327.25(7) and 327.28(1)(b) for the purposes

  5  provided in this paragraph. Prior to receiving reimbursement

  6  for the expenses of rescue, rehabilitation, and release, a

  7  facility that qualifies under state and federal regulations

  8  shall submit a plan to the Department of Environmental

  9  Protection for assisting the department and the Department of

10  Highway Safety and Motor Vehicles in marketing the manatee

11  specialty license plates. At a minimum, the plan shall include

12  provisions for graphics, dissemination of brochures, recorded

13  oral and visual presentation, and maintenance of a marketing

14  exhibit. The plan shall be updated annually and the Department

15  of Environmental Protection shall inspect each marketing

16  exhibit at least once each year to ensure the quality of the

17  exhibit and promotional material. Each facility that receives

18  funds for manatee rehabilitation shall annually provide the

19  department a written report, within 30 days after the close of

20  the state fiscal year, documenting the efforts and

21  effectiveness of the facility's promotional activities.

22

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

24         redesignation of s. 327.25(7) as s. 327.25(11)

25         by s. 54, ch. 95-333, Laws of Florida.

26

27         Section 155.  Paragraph (a) of subsection (2) and

28  subsection (9) of section 370.14, Florida Statutes, 1998

29  Supplement, are amended to read:

30         370.14  Crawfish; regulation.--

31


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                                         HB 1039, Second Engrossed



  1         (2)(a)  Each trap used for taking or attempting to take

  2  crawfish must have a trap number permanently attached to the

  3  trap and the buoy. This trap number may be issued by the

  4  Division of Law Enforcement upon the receipt of application by

  5  the owner of the traps and accompanied by the payment of a fee

  6  of $100. The design of the applications and of the trap number

  7  shall be determined by the division. However, effective July

  8  1, 1988, and until July 1, 1992, no crawfish trap numbers

  9  issued pursuant to this section except those numbers that were

10  active during the 1990-1991 fiscal year shall be renewed or

11  reissued. No new trap numbers shall be issued during this

12  period. Until July 1, 1992, trap number holders or members of

13  their immediate family or a person to whom the trap number was

14  transferred in writing must request renewal of the number

15  prior to June 30 of each year. If a person holding an active

16  trap number or a member of the person's immediate family or a

17  person to whom the trap number was transferred in writing does

18  not request renewal of the number before the applicable date

19  as specified above, the department may reissue the number to

20  another applicant in the order of the receipt of the

21  application for a trap number. Any trap or device used in

22  taking or attempting to take crawfish, other than a trap with

23  the trap number attached as prescribed in this paragraph,

24  shall be seized and destroyed by the division. The proceeds of

25  the fees imposed by this paragraph shall be deposited and used

26  as provided in paragraph (b). The Department of Environmental

27  Protection is authorized to promulgate rules and regulations

28  to carry out the intent of this section.

29         (9)  No common carrier or employee of said carrier may

30  carry, knowingly receive for carriage, or permit the carriage

31  of any crawfish of the species Panulirus argus, regardless of


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                                         HB 1039, Second Engrossed



  1  where taken, during the closed season, except of the species

  2  Panulirus argus lawfully imported from a foreign country for

  3  reshipment outside of the territorial limits of the state

  4  under United States Customs bond or in accordance with

  5  paragraph (7)(a) (8)(a).

  6

  7         Reviser's note.--Paragraph (2)(a) is amended to

  8         delete provisions that have served their

  9         purpose.  Subsection (9) is amended to conform

10         to the redesignation of paragraph (8)(a) as

11         paragraph (7)(a) necessitated by the repeal of

12         former subsection (6) by s. 20, ch. 98-227,

13         Laws of Florida.

14

15         Section 156.  Paragraphs (b) and (c) of subsection (2)

16  of section 370.142, Florida Statutes, 1998 Supplement, are

17  amended to read:

18         370.142  Spiny lobster trap certificate program.--

19         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

20  PENALTIES.--The Department of Environmental Protection shall

21  establish a trap certificate program for the spiny lobster

22  fishery of this state and shall be responsible for its

23  administration and enforcement as follows:

24         (b)  Trap tags.--Each trap used to take or attempt to

25  take spiny lobsters in state waters or adjacent federal waters

26  shall, in addition to the crawfish trap number required by s.

27  370.14(2), have affixed thereto an annual trap tag issued by

28  the department. Each such tag shall be made of durable plastic

29  or similar material and shall, beginning with those tags

30  issued for the 1993-1994 season based on the number of

31  certificates held, have stamped thereon the owner's license


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                                         HB 1039, Second Engrossed



  1  number. To facilitate enforcement and recordkeeping, such tags

  2  shall be issued each year in a color different from that of

  3  each of the previous 3 years. A fee of 50 cents per tag issued

  4  other than on the basis of a certificate held shall be

  5  assessed through March 31, 1993. Until 1995, an annual fee of

  6  50 cents per certificate shall be assessed, and thereafter,

  7  until 1998, an annual fee of 75 cents per certificate shall be

  8  assessed upon issuance in order to recover administrative

  9  costs of the tags and the certificate program. Beginning in

10  1998, The annual certificate fee shall be $1 per certificate.

11  Replacement tags for lost or damaged tags may be obtained as

12  provided by rule of the department.

13         (c)  Prohibitions; penalties.--

14         1.  It is unlawful for a person to possess or use a

15  spiny lobster trap in or on state waters or adjacent federal

16  waters without having affixed thereto the trap tag required by

17  this section.  It is unlawful for a person to possess or use

18  any other gear or device designed to attract and enclose or

19  otherwise aid in the taking of spiny lobster by trapping that

20  is not a trap as defined in rule 46-24.006(2), Florida

21  Administrative Code.

22         2.  It is unlawful for a person to possess or use spiny

23  lobster trap tags without having the necessary number of

24  certificates on record as required by this section.

25         3.  In addition to any other penalties provided in s.

26  370.021, a commercial harvester, as defined by rule

27  46-24.002(1), Florida Administrative Code, who violates the

28  provisions of this section, or the provisions relating to

29  traps of chapter 46-24, Florida Administrative Code, shall be

30  punished as follows:

31


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                                         HB 1039, Second Engrossed



  1         a.  If the first violation is for violation of

  2  subparagraph 1. or subparagraph 2., the department shall

  3  assess an additional civil penalty of up to $1,000 and the

  4  crawfish trap number issued pursuant to s. 370.14(2) or (6)

  5  (7) may be suspended for the remainder of the current license

  6  year. For all other first violations, the department shall

  7  assess an additional civil penalty of up to $500.

  8         b.  For a second violation of subparagraph 1. or

  9  subparagraph 2. which occurs within 24 months of any previous

10  such violation, the department shall assess an additional

11  civil penalty of up to $2,000 and the crawfish trap number

12  issued pursuant to s. 370.14(2) or (6) (7) may be suspended

13  for the remainder of the current license year.

14         c.  For a third or subsequent violation of subparagraph

15  1. or subparagraph 2. which occurs within 36 months of any

16  previous two such violations, the department shall assess an

17  additional civil penalty of up to $5,000 and may suspend the

18  crawfish trap number issued pursuant to s. 370.14(2) or (6)

19  (7) for a period of up to 24 months or may revoke the crawfish

20  trap number and, if revoking the crawfish trap number, may

21  also proceed against the licenseholder's saltwater products

22  license in accordance with the provisions of s. 370.021(3)(i)

23  370.021(2)(e).

24         d.  Any person assessed an additional civil penalty

25  pursuant to this section shall within 30 calendar days after

26  notification:

27         (I)  Pay the civil penalty to the department; or

28         (II)  Request an administrative hearing pursuant to the

29  provisions of s. 120.60.

30         e.  The department shall suspend the crawfish trap

31  number issued pursuant to s. 370.14(2) or (6) (7) for any


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                                         HB 1039, Second Engrossed



  1  person failing to comply with the provisions of

  2  sub-subparagraph d.

  3         4.a.  It is unlawful for any person to make, alter,

  4  forge, counterfeit, or reproduce a spiny lobster trap tag or

  5  certificate.

  6         b.  It is unlawful for any person to knowingly have in

  7  his or her possession a forged, counterfeit, or imitation

  8  spiny lobster trap tag or certificate.

  9         c.  It is unlawful for any person to barter, trade,

10  sell, supply, agree to supply, aid in supplying, or give away

11  a spiny lobster trap tag or certificate or to conspire to

12  barter, trade, sell, supply, aid in supplying, or give away a

13  spiny lobster trap tag or certificate unless such action is

14  duly authorized by the department as provided in this chapter

15  or in the rules of the department.

16         5.a.  Any person who violates the provisions of

17  subparagraph 4., or any person who engages in the commercial

18  harvest, trapping, or possession of spiny lobster without a

19  crawfish trap number as required by s. 370.14(2) or (6) (7) or

20  during any period while such crawfish trap number is under

21  suspension or revocation, commits a felony of the third

22  degree, punishable as provided in s. 775.082, s. 775.083, or

23  s. 775.084.

24         b.  In addition to any penalty imposed pursuant to

25  sub-subparagraph a., the department shall levy a fine of up to

26  twice the amount of the appropriate surcharge to be paid on

27  the fair market value of the transferred certificates, as

28  provided in subparagraph (a)1., on any person who violates the

29  provisions of sub-subparagraph 4.c.

30         6.  Any certificates for which the annual certificate

31  fee is not paid for a period of 3 years shall be considered


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                                         HB 1039, Second Engrossed



  1  abandoned and shall revert to the department. During any

  2  period of trap reduction, any certificates reverting to the

  3  department shall become permanently unavailable and be

  4  considered in that amount to be reduced during the next

  5  license-year period. Otherwise, any certificates that revert

  6  to the department are to be reallotted in such manner as

  7  provided by the department.

  8         7.  The proceeds of all civil penalties collected

  9  pursuant to subparagraph 3. and all fines collected pursuant

10  to sub-subparagraph 5.b. shall be deposited into the Marine

11  Resources Conservation Trust Fund.

12         8.  All traps shall be removed from the water during

13  any period of suspension or revocation.

14

15         Reviser's note.--Paragraph (2)(b) is amended to

16         delete provisions that have served their

17         purpose.  Paragraph (2)(c) is amended to

18         conform to the redesignation of s. 370.14(7) as

19         s. 370.14(6) necessitated by the repeal of

20         former s. 370.14(6) by s. 20, ch. 98-227, Laws

21         of Florida, and the redesignation of s.

22         370.021(2)(e) as s. 370.021(3)(i) by s. 2, ch.

23         98-227.

24

25         Section 157.  Paragraph (d) of subsection (2) of

26  section 370.1535, Florida Statutes, is amended to read:

27         370.1535  Regulation of shrimp fishing in Tampa Bay;

28  licensing requirements.--

29         (2)  The Department of Environmental Protection is

30  authorized to issue a dead shrimp production permit to persons

31  qualified pursuant to the following criteria:


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                                         HB 1039, Second Engrossed



  1         (d)  No person shall be issued a permit or be allowed

  2  to renew a permit if such person is registered for

  3  noncommercial trawling pursuant to s. 370.15(4) 370.15(6) or

  4  if such person holds a live bait shrimping license issued

  5  pursuant to s. 370.15(6) 370.15(8).

  6

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

  8         redesignation of subunits of s. 370.15

  9         necessitated by the repeal of former s.

10         370.15(2) and (3) by s. 21, ch. 98-227, Laws of

11         Florida.

12

13         Section 158.  Section 370.154, Florida Statutes, is

14  amended to read:

15         370.154  Shrimp regulations; closed areas; suspension

16  of license, etc.--Any person convicted of taking shrimp in a

17  closed area who is punishable under s. 370.15(5) or (6)

18  370.15(7) or (8) shall, in addition to the penalties set forth

19  therein, have his or her permit and the permit of the boat

20  involved in the violation, issued pursuant to s. 370.15(4)

21  370.15(6), revoked, if the person holds such a permit, and he

22  or she shall be ineligible to make application for such a

23  permit for a period of 2 years from the date of such

24  conviction.  If a person not having a permit is convicted

25  hereunder, that person and the boat involved in the violation

26  shall not be eligible for such a permit for 5 years.

27

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

29         redesignation of subunits of s. 370.15

30         necessitated by the repeal of former s.

31


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                                         HB 1039, Second Engrossed



  1         370.15(2) and (3) by s. 21, ch. 98-227, Laws of

  2         Florida.

  3

  4         Section 159.  Subsection (3) of section 372.023,

  5  Florida Statutes, is amended to read:

  6         372.023  J. W. Corbett and Cecil M. Webb Wildlife

  7  Management Areas.--

  8         (3)  Moneys received from the sale of lands within

  9  either wildlife management area, less reasonable expenses

10  incident to the sale, shall be used by the Game and Fresh

11  Water Fish Commission to acquire acreage contiguous to the

12  wildlife management area or lands of equal wildlife value.

13  The sale shall be made directly to the state, notwithstanding

14  the procedures of s. ss. 270.08 and 270.09 to the contrary.

15

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

17         repeal of s. 270.09 by s. 513, ch. 94-356, Laws

18         of Florida.

19

20         Section 160.  Subsection (7) of section 372.561,

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

22         372.561  Issuance of licenses to take wild animal life

23  or freshwater aquatic life; costs; reporting.--

24         (7)(a)  Each county tax collector, as issuing agent for

25  the commission, shall submit to the commission by January 31,

26  1997, a report of the sale of, and payment for, all licenses

27  and permits sold between June 1, 1996, and December 31, 1996.

28         (b)  By March 15, 1997, each county tax collector shall

29  provide the commission with a written report, on forms

30  provided by the commission, of the audit numbers of all

31  unissued licenses and permits for the period of June 1, 1996,


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                                         HB 1039, Second Engrossed



  1  to December 31, 1996.  Within 30 days after the submission of

  2  the annual audit report, each county tax collector shall

  3  provide the commission with a written audit report on

  4  unissued, sold, and voided licenses, permits, and stamps with

  5  a certified reconciliation statement prepared by a certified

  6  public accountant.  Concurrent with the submission of the

  7  certification, the county tax collector shall remit to the

  8  commission the monetary value of all licenses, permits, and

  9  stamps that are unaccounted for.  Each tax collector is also

10  responsible for fees for all licenses, permits, and stamps

11  distributed by him or her to subagents, sold by him or her, or

12  reported by him or her as lost.

13

14         Reviser's note.--Amended to delete provisions

15         that have served their purpose.

16

17         Section 161.  Subsection (13) of section 372.57,

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

19         372.57  Licenses and permits; exemptions; fees.--No

20  person, except as provided herein, shall take game, freshwater

21  fish, or fur-bearing animals within this state without having

22  first obtained a license, permit, or authorization and paid

23  the fees hereinafter set forth, unless such license is issued

24  without fee as provided in s. 372.561. Such license, permit,

25  or authorization shall authorize the person to whom it is

26  issued to take game, freshwater fish, or fur-bearing animals

27  in accordance with law and commission rules. Such license,

28  permit, or authorization is not transferable.  Each license or

29  permit must bear on its face in indelible ink the name of the

30  person to whom it is issued and other information requested by

31  the commission. Such license, permit, or authorization issued


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                                         HB 1039, Second Engrossed



  1  by the commission or any agent must be in the personal

  2  possession of the person to whom issued while taking game,

  3  freshwater fish, or fur-bearing animals. The failure of such

  4  person to exhibit such license, permit, or authorization to

  5  the commission or its wildlife officers, when such person is

  6  found taking game, freshwater fish, or fur-bearing animals, is

  7  a violation of law.  A positive form of identification is

  8  required when using an authorization, a lifetime license, a

  9  5-year license, or when otherwise required by the license or

10  permit.  The lifetime licenses and 5-year licenses provided

11  herein shall be embossed with the name, date of birth, the

12  date of issuance, and other pertinent information as deemed

13  necessary by the commission.  A certified copy of the

14  applicant's birth certificate shall accompany all applications

15  for a lifetime license for residents 12 years of age and

16  younger. Each applicant for a license, permit, or

17  authorization shall provide the applicant's social security

18  number on the application form. Disclosure of social security

19  numbers obtained through this requirement shall be limited to

20  the purpose of administration of the Title IV-D child support

21  enforcement program and use by the commission, and as

22  otherwise provided by law.

23         (13)  Fees collected pursuant to s. 370.0605(2) for

24  5-year saltwater fishing licenses, fees collected pursuant to

25  s. 370.0605(6)(e) 370.0605(5)(e) for replacement 5-year and

26  lifetime licenses, fees collected pursuant to s. 370.0615 for

27  lifetime saltwater fishing licenses and 30 percent of the fee

28  for the lifetime sportsman's license shall be transferred

29  within 30 days following the last day of the month in which

30  the license fees were received by the commission to the Marine

31  Resources Conservation Trust Fund.


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                                         HB 1039, Second Engrossed



  1         Reviser's note.--Amended to facilitate correct

  2         interpretation; s. 370.0605(5)(e) does not

  3         exist. Section 370.0605(6)(e) pertains to

  4         replacement licenses.

  5

  6         Section 162.  Section 372.573, Florida Statutes, is

  7  amended to read:

  8         372.573  Management area permit revenues.--The

  9  commission shall expend the revenue generated from the sale of

10  the management area permit as provided for in s. 372.57(4)(b)

11  372.57(5)(b) or that pro rata portion of any license that

12  includes management area privileges as provided for in s.

13  372.57(2)(i) 372.57(2)(k) and (14)(b) (16)(b) for the lease,

14  management, and protection of lands for public hunting,

15  fishing, and other outdoor recreation.

16

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

18         redesignation of subunits of s. 372.57 by s.

19         13, ch. 96-300, Laws of Florida.

20

21         Section 163.  Subsection (2) of section 372.661,

22  Florida Statutes, is amended to read:

23         372.661  Private hunting preserve, license;

24  exception.--

25         (2)  A commercial hunting preserve license, which shall

26  exempt patrons of licensed preserves from the licensure

27  requirements of s. 372.57(2)(e), (f), (g), (h), and (i) (k),

28  (4)(a) (5)(a), (c), (d), and (e), (7) (9), (9) (11), and

29  (14)(b) (16)(b) while hunting on the licensed preserve

30  property, shall be $500. Such commercial hunting preserve

31  license shall be available only to those private hunting


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                                         HB 1039, Second Engrossed



  1  preserves licensed pursuant to this section which are operated

  2  exclusively for commercial purposes, which are open to the

  3  public, and for which a uniform fee is charged to patrons for

  4  hunting privileges.

  5

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

  7         repeal of s. 372.57(2)(h) and the redesignation

  8         of other subunits of s. 372.57 by s. 13, ch.

  9         96-300, Laws of Florida.

10

11         Section 164.  Paragraph (d) of subsection (1) of

12  section 373.036, Florida Statutes, 1998 Supplement, is amended

13  to read:

14         373.036  Florida water plan; district water management

15  plans.--

16         (1)  FLORIDA WATER PLAN.--In cooperation with the water

17  management districts, regional water supply authorities, and

18  others, the department shall develop the Florida water plan.

19  The Florida water plan shall include, but not be limited to:

20         (d)  Goals, objectives, and guidance for the

21  development and review of programs, rules, and plans relating

22  to water resources, based on statutory policies and

23  directives. The state water policy rule, renamed the water

24  resource implementation rule pursuant to s. 373.019(20)

25  373.019(21), shall serve as this part of the plan. Amendments

26  or additions to this part of the Florida water plan shall be

27  adopted by the department as part of the water resource

28  implementation rule. In accordance with s. 373.114, the

29  department shall review rules of the water management

30  districts for consistency with this rule. Amendments to the

31  water resource implementation rule must be adopted by the


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                                         HB 1039, Second Engrossed



  1  secretary of the department and be submitted to the President

  2  of the Senate and the Speaker of the House of Representatives

  3  within 7 days after publication in the Florida Administrative

  4  Weekly. Amendments shall not become effective until the

  5  conclusion of the next regular session of the Legislature

  6  following their adoption.

  7

  8         Reviser's note.--Amended to facilitate correct

  9         interpretation; the water resource

10         implementation rule can be found at s.

11         373.019(20).

12

13         Section 165.  Subsection (1) of section 373.0691,

14  Florida Statutes, is amended to read:

15         373.0691  Transfer of areas.--

16         (1)  At the time of change of boundaries of the

17  respective districts under s. 373.069(3), 1976 Supplement to

18  Florida Statutes 1975, all contractual obligations with

19  respect to an area being transferred to another district shall

20  be assumed by the district receiving such area; all real

21  property interests owned by a district within an area to be

22  transferred shall be conveyed to the district receiving such

23  area; and all equipment, vehicles, other personal property,

24  and records owned, located, and used by a district solely

25  within an area being transferred shall be delivered to the

26  district receiving such area. However, if an area is

27  transferred from a district with a contractual obligation to

28  the United States of America for the operation and maintenance

29  of works within such area, then the deliveries and conveyances

30  required in this section shall be deferred until the United

31


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                                         HB 1039, Second Engrossed



  1  States has approved the assumption of the contractual

  2  obligations by the receiving district.

  3

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

  5         reference to s. 373.069(3), which appeared at

  6         the location and referenced the time of change

  7         of boundaries of the districts in the 1976

  8         Supplement.

  9

10         Section 166.  Subsections (2) and (3) of section

11  373.197, Florida Statutes, are reenacted to read:

12         373.197  Kissimmee River Valley and Taylor

13  Creek-Nubbins Slough Basin restoration project; measures

14  authorized.--

15         (2)  The Legislature recommends that the authorization

16  provide that the Board of Engineers for Rivers and Harbors,

17  created under s. 3 of the Rivers and Harbors Act, approved

18  June 13, 1902, be directed to review the report of the Chief

19  of Engineers on Central and Southern Florida, published as

20  House Document Numbered 643, Eightieth Congress, and other

21  pertinent reports, with a view to determining whether any

22  modification of the recommendations contained therein and of

23  the system of works constructed pursuant thereto is advisable

24  with respect to questions of the quality of water entering the

25  Kissimmee River and Taylor Creek-Nubbins Slough and Lake

26  Okeechobee therefrom, flood control, recreation, navigation,

27  loss of fish and wildlife resources, other current and

28  foreseeable environmental problems, and loss of environmental

29  amenities in those areas.  Potential modification

30  alternatives, if any, shall include, but not be limited to,

31  consideration of restoration of all or parts of the Kissimmee


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                                         HB 1039, Second Engrossed



  1  River below Lake Kissimmee and of the Taylor Creek-Nubbins

  2  Slough Basin.

  3         (3)  The department and the Water Management District

  4  shall also seek to assure that this restudy be conducted by

  5  the Corps of Engineers in close cooperation with the

  6  Coordinating Council on the Restoration of the Kissimmee River

  7  Valley and the Taylor Creek-Nubbins Slough Basin and that the

  8  study be responsive to the problems and needs identified by

  9  the Coordinating Council and consider development of detailed

10  physical and mathematical models to assess and predict these

11  identified problems.

12

13         Reviser's note.--Section 260, ch. 94-356, Laws

14         of Florida, purported to amend s. 373.197, but

15         failed to republish subsections (2) and (3).

16         In the absence of affirmative evidence that the

17         Legislature intended to repeal the omitted

18         material, coupled with the fact that the form

19         of the amendment affirmatively evidenced an

20         intent to retain the existing subsection

21         structure, subsections (2) and (3) are

22         reenacted to confirm that the omission was not

23         intended.

24

25         Section 167.  Section 373.213, Florida Statutes, is

26  amended to read:

27         373.213  Certain artesian wells exempt.--Nothing in ss.

28  373.203, 373.206, 373.209, or s. 373.213 ss. 370.051-370.054

29  shall be construed to apply to an artesian well feeding a lake

30  already in existence prior to June 15, 1953, which lake is

31  used or intended to be used for public bathing and/or the


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                                         HB 1039, Second Engrossed



  1  propagation of fish, where the continuous flow of water is

  2  necessary to maintain its purity for bathing and the water

  3  level of said lake for fish.

  4

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

  6         redesignation of the referenced sections

  7         incident to the compilation of the Florida

  8         Statutes 1957 and the further redesignation of

  9         sections pursuant to the directive of the

10         Legislature in s. 25, ch. 73-190, Laws of

11         Florida. Section 370.054, as redesignated s.

12         373.051, was repealed by s. 1, part VI, ch.

13         72-299, Laws of Florida.

14

15         Section 168.  Subsection (1) of section 373.246,

16  Florida Statutes, is amended to read:

17         373.246  Declaration of water shortage or emergency.--

18         (1)  The governing board or the department by

19  regulation shall formulate a plan for implementation during

20  periods of water shortage.  Copies of the water shortage plan

21  shall be submitted to the Speaker of the House of

22  Representatives and the President of the Senate no later than

23  October 31, 1983.  As a part of this plan the governing board

24  or the department shall adopt a reasonable system of water-use

25  classification according to source of water supply; method of

26  extraction, withdrawal, or diversion; or use of water or a

27  combination thereof.  The plan may include provisions for

28  variances and alternative measures to prevent undue hardship

29  and ensure equitable distribution of water resources.

30

31


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                                         HB 1039, Second Engrossed



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

  2         that has served its purpose.

  3

  4         Section 169.  Subsection (9) of section 373.414,

  5  Florida Statutes, is amended to read:

  6         373.414  Additional criteria for activities in surface

  7  waters and wetlands.--

  8         (9)  The department and the governing boards, on or

  9  before July 1, 1994, shall adopt rules to incorporate the

10  provisions of this section, relying primarily on the existing

11  rules of the department and the water management districts,

12  into the rules governing the management and storage of surface

13  waters.  Such rules shall seek to achieve a statewide,

14  coordinated and consistent permitting approach to activities

15  regulated under this part. Variations in permitting criteria

16  in the rules of individual water management districts or the

17  department shall only be provided to address differing

18  physical or natural characteristics. Such rules adopted

19  pursuant to this subsection shall include the special criteria

20  adopted pursuant to s. 403.061(29) and may include the special

21  criteria adopted pursuant to s. 403.061(34) 403.061(35).  Such

22  rules shall include a provision requiring that a notice of

23  intent to deny or a permit denial based upon this section

24  shall contain an explanation of the reasons for such denial

25  and an explanation, in general terms, of what changes, if any,

26  are necessary to address such reasons for denial.  Such rules

27  may establish exemptions and general permits, if such

28  exemptions and general permits do not allow significant

29  adverse impacts to occur individually or cumulatively.  Such

30  rules may require submission of proof of financial

31  responsibility which may include the posting of a bond or


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                                         HB 1039, Second Engrossed



  1  other form of surety prior to the commencement of construction

  2  to provide reasonable assurance that any activity permitted

  3  pursuant to this section, including any mitigation for such

  4  permitted activity, will be completed in accordance with the

  5  terms and conditions of the permit once the construction is

  6  commenced.  Until rules adopted pursuant to this subsection

  7  become effective, existing rules adopted under this part and

  8  rules adopted pursuant to the authority of ss. 403.91-403.929

  9  shall be deemed authorized under this part and shall remain in

10  full force and effect. Neither the department nor the

11  governing boards are limited or prohibited from amending any

12  such rules.

13

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

15         redesignation of s. 403.061(35) as s.

16         403.061(34) necessitated by the repeal of s.

17         403.061(33) by s. 26, ch. 97-160, Laws of

18         Florida.

19

20         Section 170.  Subsection (1) of section 373.421,

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

22         373.421  Delineation methods; formal determinations.--

23         (1)  By January 1, 1994, The Environmental Regulation

24  Commission shall adopt a unified statewide methodology for the

25  delineation of the extent of wetlands as defined in s.

26  373.019(22) 373.019(23). This methodology shall consider

27  regional differences in the types of soils and vegetation that

28  may serve as indicators of the extent of wetlands. This

29  methodology shall also include provisions for determining the

30  extent of surface waters other than wetlands for the purposes

31  of regulation under s. 373.414. This methodology shall not


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                                         HB 1039, Second Engrossed



  1  become effective until ratified by the Legislature. Subsequent

  2  to legislative ratification, the wetland definition in s.

  3  373.019(22) 373.019(23) and the adopted wetland methodology

  4  shall be binding on the department, the water management

  5  districts, local governments, and any other governmental

  6  entities. Upon ratification of such wetland methodology, the

  7  Legislature preempts the authority of any water management

  8  district, state or regional agency, or local government to

  9  define wetlands or develop a delineation methodology to

10  implement the definition and determines that the exclusive

11  definition and delineation methodology for wetlands shall be

12  that established pursuant to s. 373.019(22) 373.019(23) and

13  this section. Upon such legislative ratification, any existing

14  wetlands definition or wetland delineation methodology shall

15  be superseded by the wetland definition and delineation

16  methodology established pursuant to this chapter. Subsequent

17  to legislative ratification, a delineation of the extent of a

18  surface water or wetland by the department or a water

19  management district, pursuant to a formal determination under

20  subsection (2), or pursuant to a permit issued under this part

21  in which the delineation was field-verified by the permitting

22  agency and specifically approved in the permit, shall be

23  binding on all other governmental entities for the duration of

24  the formal determination or permit. All existing rules and

25  methodologies of the department, the water management

26  districts, and local governments, regarding surface water or

27  wetland definition and delineation shall remain in full force

28  and effect until the common methodology rule becomes

29  effective. However, this shall not be construed to limit any

30  power of the department, the water management districts, and

31  local governments to amend or adopt a surface water or wetland


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                                         HB 1039, Second Engrossed



  1  definition or delineation methodology until the common

  2  methodology rule becomes effective.

  3

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

  5         that has served its purpose and to conform to

  6         the correct location of the definition of

  7         "wetlands" in s. 373.019.

  8

  9         Section 171.  Paragraph (a) of subsection (4) and

10  paragraph (e) of subsection (6) of section 373.4592, Florida

11  Statutes, are amended to read:

12         373.4592  Everglades improvement and management.--

13         (4)  EVERGLADES PROGRAM.--

14         (a)  Everglades Construction Project.--The district

15  shall implement the Everglades Construction Project. By the

16  time of completion of the project, the state, district, or

17  other governmental authority shall purchase the inholdings in

18  the Rotenberger and such other lands necessary to achieve a

19  2:1 mitigation ratio for the use of Brown's Farm and other

20  similar lands, including those needed for the STA 1 Inflow and

21  Distribution Works. The inclusion of public lands as part of

22  the project is for the purpose of treating waters not coming

23  from the EAA for hydroperiod restoration. It is the intent of

24  the Legislature that the district aggressively pursue the

25  implementation of the Everglades Construction Project in

26  accordance with the schedule in this subsection. The

27  Legislature recognizes that adherence to the schedule is

28  dependent upon factors beyond the control of the district,

29  including the timely receipt of funds from all contributors.

30  The district shall take all reasonable measures to complete

31  timely performance of the schedule in this section in order to


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                                         HB 1039, Second Engrossed



  1  finish the Everglades Construction Project. The district shall

  2  not delay implementation of the project beyond the time delay

  3  caused by those circumstances and conditions that prevent

  4  timely performance. The district shall not levy ad valorem

  5  taxes in excess of 0.1 mill within the Okeechobee Basin for

  6  the purposes of the design, construction, and acquisition of

  7  the Everglades Construction Project. The ad valorem tax

  8  proceeds not exceeding 0.1 mill levied within the Okeechobee

  9  Basin for such purposes shall be the sole direct district

10  contribution from district ad valorem taxes appropriated or

11  expended for the design, construction, and acquisition of the

12  Everglades Construction Project unless the Legislature by

13  specific amendment to this section increases the 0.1 mill ad

14  valorem tax contribution, increases the agricultural privilege

15  taxes, or otherwise reallocates the relative contribution by

16  ad valorem taxpayers and taxpayers paying the agricultural

17  privilege taxes toward the funding of the design,

18  construction, and acquisition of the Everglades Construction

19  Project. Notwithstanding the provisions of s. 200.069 to the

20  contrary, any millage levied under the 0.1 mill limitation in

21  this paragraph shall be included as a separate entry on the

22  Notice of Proposed Property Taxes pursuant to s. 200.069. Once

23  the STAs are completed, the district shall allow these areas

24  to be used by the public for recreational purposes in the

25  manner set forth in s. 373.59(11) 373.59(10), considering the

26  suitability of these lands for such uses. These lands shall be

27  made available for recreational use unless the district

28  governing board can demonstrate that such uses are

29  incompatible with the restoration goals of the Everglades

30  Construction Project or the water quality and hydrological

31  purposes of the STAs or would otherwise adversely impact the


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                                         HB 1039, Second Engrossed



  1  implementation of the project. The district shall give

  2  preferential consideration to the hiring of agricultural

  3  workers displaced as a result of the Everglades Construction

  4  Project, consistent with their qualifications and abilities,

  5  for the construction and operation of these STAs. The

  6  following milestones apply to the completion of the Everglades

  7  Construction Project as depicted in the February 15, 1994,

  8  conceptual design document:

  9         1.  The district must complete the final design of the

10  STA 1 East and West and pursue STA 1 East project components

11  as part of a cost-shared program with the Federal Government.

12  The district must be the local sponsor of the federal project

13  that will include STA 1 East, and STA 1 West if so authorized

14  by federal law. Land acquisition shall be completed for STA 1

15  West by April 1, 1996, and for STA 1 East by July 1, 1998;

16         2.  Construction of STA 1 East is to be completed under

17  the direction of the United States Army Corps of Engineers in

18  conjunction with the currently authorized C-51 flood control

19  project by July 1, 2002;

20         3.  The district must complete construction of STA 1

21  West and STA 1 Inflow and Distribution Works under the

22  direction of the United States Army Corps of Engineers, if the

23  direction is authorized under federal law, in conjunction with

24  the currently authorized C-51 flood control project, by

25  January 1, 1999;

26         4.  The district must complete construction of STA 2 by

27  February 1, 1999;

28         5.  The district must complete construction of STA 3/4

29  by October 1, 2003;

30         6.  The district must complete construction of STA 5 by

31  January 1, 1999; and


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                                         HB 1039, Second Engrossed



  1         7.  The district must complete construction of STA 6 by

  2  October 1, 1997.

  3         8.  East Beach Water Control District, South Shore

  4  Drainage District, South Florida Conservancy District, East

  5  Shore Water Control District, and the lessee of agricultural

  6  lease number 3420 shall complete any system modifications

  7  described in the Everglades Construction Project to the extent

  8  that funds are available from the Everglades Fund. These

  9  entities shall divert the discharges described within the

10  Everglades Construction Project within 60 days of completion

11  of construction of the appropriate STA. Such required

12  modifications shall be deemed to be a part of each district's

13  plan of reclamation pursuant to chapter 298.

14         (6)  EVERGLADES AGRICULTURAL PRIVILEGE TAX.--

15         (e)  If, for any tax year, the number of acres subject

16  to the Everglades agricultural privilege tax is less than the

17  number of acres included on the Everglades agricultural

18  privilege tax roll certified for the tax notices mailed in

19  November 1994, the minimum tax shall be subject to increase in

20  the manner provided in this paragraph. In determining the

21  number of acres subject to the Everglades agricultural

22  privilege tax for purposes of this paragraph, property

23  acquired by a not-for-profit entity for purposes of

24  conservation and preservation, the United States, or the

25  state, or any agency thereof, and removed from the Everglades

26  agricultural privilege tax roll after January 1, 1994, shall

27  be treated as subject to the tax even though no tax is imposed

28  or due: in its entirety, for tax notices mailed prior to

29  November 2000; to the extent its area exceeds 4 percent of the

30  total area of property subject to the Everglades agricultural

31  tax, for tax notices mailed in November 2000 through November


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                                         HB 1039, Second Engrossed



  1  2005; and to the extent its area exceeds 8 percent of the

  2  total area of property subject to the Everglades agricultural

  3  tax, for tax notices mailed in November 2006 and thereafter.

  4  For each tax year, the district shall determine the amount, if

  5  any, by which the sum of the following exceeds $12,367,000:

  6         1.  The product of the minimum tax multiplied by the

  7  number of acres subject to the Everglades agricultural

  8  privilege tax; and

  9         2.  The ad valorem tax increment, as defined in this

10  subparagraph.

11

12  The aggregate of such annual amounts, less any portion

13  previously applied to eliminate or reduce future increases in

14  the minimum tax, as described in this paragraph subparagraph,

15  shall be known as the "excess tax amount." If for any tax

16  year, the amount computed by multiplying the minimum tax by

17  the number of acres then subject to the Everglades

18  agricultural privilege tax is less than $12,367,000, the

19  excess tax amount shall be applied in the following manner. If

20  the excess tax amount exceeds such difference, an amount equal

21  to the difference shall be deducted from the excess tax amount

22  and applied to eliminate any increase in the minimum tax. If

23  such difference exceeds the excess tax amount, the excess tax

24  amount shall be applied to reduce any increase in the minimum

25  tax. In such event, a new minimum tax shall be computed by

26  subtracting the remaining excess tax amount from $12,367,000

27  and dividing the result by the number of acres subject to the

28  Everglades agricultural privilege tax for such tax year. For

29  purposes of this paragraph subparagraph, the "ad valorem tax

30  increment" means 50 percent of the difference between the

31  amount of ad valorem taxes actually imposed by the district


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                                         HB 1039, Second Engrossed



  1  for the immediate prior tax year against property included on

  2  the Everglades agricultural privilege tax roll certified for

  3  the tax notices mailed in November 1994 that was not subject

  4  to the Everglades agricultural privilege tax during the

  5  immediate prior tax year and the amount of ad valorem taxes

  6  that would have been imposed against such property for the

  7  immediate prior tax year if the taxable value of each acre had

  8  been equal to the average taxable value of all other land

  9  classified as agricultural within the EAA for such year;

10  however, the ad valorem tax increment for any year shall not

11  exceed the amount that would have been derived from such

12  property from imposition of the minimum tax during the

13  immediate prior tax year.

14

15         Reviser's note.--Paragraph (4)(a) is amended to

16         conform to the redesignation of subunits of s.

17         373.59 by s. 17, ch. 96-389, Laws of Florida.

18         Paragraph (6)(e) is amended to reflect that

19         references to "this subparagraph" occurred in

20         text that is not designated as a subparagraph.

21

22         Section 172.  Paragraph (a) of subsection (2),

23  subsection (6), and paragraphs (a) and (d) of subsection (14)

24  of section 373.59, Florida Statutes, 1998 Supplement, are

25  amended to read:

26         373.59  Water Management Lands Trust Fund.--

27         (2)(a)  By January 15 of each year, each district shall

28  file with the Legislature and the Secretary of Environmental

29  Protection a report of acquisition activity together with

30  modifications or additions to its 5-year plan of acquisition.

31  Included in the report shall be an identification of those


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                                         HB 1039, Second Engrossed



  1  lands which require a full fee simple interest to achieve

  2  water management goals and those lands which can be acquired

  3  using alternatives to fee simple acquisition techniques and

  4  still achieve such goals.  In their evaluation of which lands

  5  would be appropriate for acquisition through alternatives to

  6  fee simple, district staff shall consider criteria including,

  7  but not limited to, acquisition costs, the net present value

  8  of future land management costs, the net present value of ad

  9  valorem revenue loss to the local government, and the

10  potential for revenue generated from activities compatible

11  with acquisition objectives. The report shall also include a

12  description of land management activity. Expenditure of moneys

13  from the Water Management Lands Trust Fund shall be limited to

14  the costs for acquisition, management, maintenance, and

15  capital improvements of lands included within the 5-year plan

16  as filed by each district and to the department's costs of

17  administration of the fund. The department's costs of

18  administration shall be charged proportionally against each

19  district's allocation using the formula provided in subsection

20  (8) (7). However, no acquisition of lands shall occur without

21  a public hearing similar to those held pursuant to the

22  provisions set forth in s. 120.54. In the annual update of its

23  5-year plan for acquisition, each district shall identify

24  lands needed to protect or recharge groundwater and shall

25  establish a plan for their acquisition as necessary to protect

26  potable water supplies. Lands which serve to protect or

27  recharge groundwater identified pursuant to this paragraph

28  shall also serve to protect other valuable natural resources

29  or provide space for natural resource based recreation.

30         (6)  If a district issues revenue bonds or notes under

31  s. 373.584, the district may pledge its share of the moneys in


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                                         HB 1039, Second Engrossed



  1  the Water Management Lands Trust Fund as security for such

  2  bonds or notes. The Department of Environmental Protection

  3  shall pay moneys from the trust fund to a district or its

  4  designee sufficient to pay the debt service, as it becomes

  5  due, on the outstanding bonds and notes of the district;

  6  however, such payments shall not exceed the district's

  7  cumulative portion of the trust fund. However, any moneys

  8  remaining after payment of the amount due on the debt service

  9  shall be released to the district pursuant to subsection (4)

10  (3).

11         (14)(a)  Beginning in fiscal year 1992-1993, Not more

12  than one-fourth of the land management funds provided for in

13  subsections (1) and (9) in any year shall be reserved annually

14  by a governing board, during the development of its annual

15  operating budget, for payment in lieu of taxes to qualifying

16  counties for actual ad valorem tax losses incurred as a result

17  of lands purchased with funds allocated pursuant to s.

18  259.101(3)(b). In addition, the Northwest Florida Water

19  Management District, the South Florida Water Management

20  District, the Southwest Florida Water Management District, the

21  St. Johns River Water Management District, and the Suwannee

22  River Water Management District shall pay to qualifying

23  counties payments in lieu of taxes for district lands acquired

24  with funds allocated pursuant to subsection (8). Reserved

25  funds that are not used for payment in lieu of taxes in any

26  year shall revert to the fund to be used for management

27  purposes or land acquisition in accordance with this section.

28         (d)  The payment amount shall be based on the average

29  amount of actual taxes paid on the property for the 3 years

30  immediately preceding acquisition. For lands purchased prior

31  to July 1, 1992, applications for payment in lieu of taxes


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                                         HB 1039, Second Engrossed



  1  shall be made to the districts by January 1, 1993. For lands

  2  purchased after July 1, 1992, Applications for payment in lieu

  3  of taxes shall be made no later than January 31 of the year

  4  following acquisition.  No payment in lieu of taxes shall be

  5  made for properties which were exempt from ad valorem taxation

  6  for the year immediately preceding acquisition.  Payment in

  7  lieu of taxes shall be limited to a period of 10 consecutive

  8  years of annual payments.

  9

10         Reviser's note.--Paragraph (2)(a) and

11         subsection (6) are amended to conform to the

12         redesignation of subunits of s. 373.59 by s.

13         17, ch. 96-389, Laws of Florida. Paragraphs

14         (14)(a) and (d) are amended to delete

15         provisions that have served their purpose.

16

17         Section 173.  Subsection (1) of section 373.591,

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

19         373.591  Management review teams.--

20         (1)  To determine whether conservation, preservation,

21  and recreation lands titled in the names named of the water

22  management districts are being managed for the purposes for

23  which they were acquired and in accordance with land

24  management objectives, the water management districts shall

25  establish land management review teams to conduct periodic

26  management reviews. The land management review teams shall be

27  composed of the following members:

28         (a)  One individual from the county or local community

29  in which the parcel is located.

30         (b)  One employee of the water management district.

31


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                                         HB 1039, Second Engrossed



  1         (c)  A private land manager mutually agreeable to the

  2  governmental agency representatives.

  3         (d)  A member of the local soil and water conservation

  4  district board of supervisors.

  5         (e)  One individual from the Game and Fresh Water Fish

  6  Commission.

  7         (f)  One individual from the Department of

  8  Environmental Protection.

  9         (g)  One individual representing a conservation

10  organization.

11         (h)  One individual from the Department of Agriculture

12  and Consumer Services' Division of Forestry.

13

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

15         facilitate correct interpretation.

16

17         Section 174.  Subsection (1) of section 374.976,

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

19         374.976  Authority to address impacts of waterway

20  development projects.--

21         (1)  Each inland navigation district, except the

22  district created pursuant to s. 374.301, is empowered and

23  authorized to undertake programs intended to alleviate the

24  problems associated with its waterway or waterways, including,

25  but not limited to, the following:

26         (a)  The district may act as a local interest sponsor

27  for any project designated as a "Section 107, River and Harbor

28  Act of 1960" project authorized and undertaken by the U.S.

29  Army Corps of Engineers and, in this regard, may comply with

30  any or all conditions imposed on local interests as part of

31  such project.


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                                         HB 1039, Second Engrossed



  1         (b)  It is the intent of the Legislature that the

  2  district may sponsor or furnish assistance and support to

  3  member counties and local governments within the district in

  4  planning and carrying out beach renourishment and inlet

  5  management projects.  Such assistance and support, if

  6  financial in nature, shall be contributed only after a finding

  7  by the board that inlet management projects are a benefit to

  8  public navigation in the district and that the beaches to be

  9  nourished have been adversely impacted by navigation inlets,

10  navigation structures, navigation dredging, or a navigation

11  project. Such projects will be consistent with Department of

12  Environmental Protection approved inlet management plans and

13  the statewide beach management plan pursuant to s. 161.161.

14  Inlet management projects that are determined to be consistent

15  with Department of Environmental Protection approved inlet

16  management plans are declared to be a benefit to public

17  navigation.

18         (c)  The district is authorized to aid and cooperate

19  with the Federal Government, state, member counties, and local

20  governments within the district in planning and carrying out

21  public navigation, local and regional anchorage management,

22  beach renourishment, public recreation, inlet management,

23  environmental education, and boating safety projects, directly

24  related to the waterways.  The district is also authorized to

25  enter into cooperative agreements with the United States Army

26  Corps of Engineers, state, and member counties, and to

27  covenant in any such cooperative agreement to pay part of the

28  costs of acquisition, planning, development, construction,

29  reconstruction, extension, improvement, operation, and

30  maintenance of such projects.

31


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                                         HB 1039, Second Engrossed



  1         (d)  The district is authorized to enter into

  2  cooperative agreements with navigation-related districts to

  3  pay part of the costs of acquisition of spoil disposal sites.

  4         (e)  The district is authorized to enter into ecosystem

  5  management agreements with the Department of Environmental

  6  Protection pursuant to s. 403.075.

  7

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

  9         repeal of s. 374.301 by s. 2, ch. 93-265, Laws

10         of Florida.

11

12         Section 175.  Subsection (3) of section 374.983,

13  Florida Statutes, is amended to read:

14         374.983  Governing body.--

15         (3)  The officers of the board shall be:  one chair,

16  one vice chair, one secretary, and one treasurer; provided,

17  however, that no one person shall be eligible to hold more

18  than one of said offices at one and the same time. The

19  officers shall be elected from the board by the members

20  thereof. Six members of the board of commissioners shall

21  constitute a quorum, and the vote of a majority of such quorum

22  shall be necessary to the transaction of business. Board and

23  committee meetings may be conducted utilizing communications

24  media technology, pursuant to s. 120.54(5)(b)2. 120.53(6). The

25  chair shall have the right to vote at all meetings of the

26  board. Special meetings of the board may be called at any time

27  by the chair, with notice thereof to be given to each member

28  of the board.

29

30         Reviser's note.--Amended to conform to

31         revisions to chapter 120 by ch. 96-159, Laws of


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                                         HB 1039, Second Engrossed



  1         Florida. Material relating to utilization of

  2         communications media technology formerly

  3         located in s. 120.53(6) is now located in s.

  4         120.54(5)(b)2.

  5

  6         Section 176.  Subsection (2) of section 375.041,

  7  Florida Statutes, is amended to read:

  8         375.041  Land Acquisition Trust Fund.--

  9         (2)  The moneys on deposit in the Land Acquisition

10  Trust Fund shall be first applied to pay the rentals due under

11  lease-purchase agreements or to meet debt service requirements

12  of revenue bonds issued pursuant to s. 375.051; provided,

13  however, that debt service on Save Our Coast bonds shall not

14  be paid from moneys transferred to the Land Acquisition Trust

15  Fund pursuant to s. 259.032(2)(b) 253.023(2)(b).

16

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

18         transfer of s. 253.023 to s. 259.032 by s. 1,

19         ch. 94-240, Laws of Florida.

20

21         Section 177.  Paragraph (i) of subsection (4) of

22  section 376.3071, Florida Statutes, is amended to read:

23         376.3071  Inland Protection Trust Fund; creation;

24  purposes; funding.--

25         (4)  USES.--Whenever, in its determination, incidents

26  of inland contamination related to the storage of petroleum or

27  petroleum products may pose a threat to the environment or the

28  public health, safety, or welfare, the department shall

29  obligate moneys available in the fund to provide for:

30         (i)  Funding of the provisions of ss. 376.305(6)

31  376.305(7) and 376.3072.


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                                         HB 1039, Second Engrossed



  1

  2  The Inland Protection Trust Fund may only be used to fund the

  3  activities in ss. 376.30-376.319 except ss. 376.3078 and

  4  376.3079.  Amounts on deposit in the Inland Protection Trust

  5  Fund in each fiscal year shall first be applied or allocated

  6  for the payment of amounts payable by the department pursuant

  7  to paragraph (o) under a service contract entered into by the

  8  department pursuant to s. 376.3075 and appropriated in each

  9  year by the Legislature prior to making or providing for other

10  disbursements from the fund. Nothing in this subsection shall

11  authorize the use of the Inland Protection Trust Fund for

12  cleanup of contamination caused primarily by a discharge of

13  solvents as defined in s. 206.9925(6), or polychlorinated

14  biphenyls when their presence causes them to be hazardous

15  wastes, except solvent contamination which is the result of

16  chemical or physical breakdown of petroleum products and is

17  otherwise eligible. Facilities used primarily for the storage

18  of motor or diesel fuels as defined in ss. 206.01 and 206.86

19  shall be presumed not to be excluded from eligibility pursuant

20  to this section.

21

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

23         redesignation of s. 376.305(7) as s. 376.305(6)

24         by s. 4, ch. 96-277, Laws of Florida.

25

26         Section 178.  Paragraphs (b) and (c) of subsection (2)

27  of section 376.30711, Florida Statutes, are reenacted to read:

28         376.30711  Preapproved site rehabilitation, effective

29  March 29, 1995.--

30         (2)

31


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                                         HB 1039, Second Engrossed



  1         (b)  Any contractor performing site rehabilitation

  2  program tasks must demonstrate to the department that:

  3         1.  The contractor meets all certification and license

  4  requirements imposed by law.

  5         2.  The contractor has obtained approval of its

  6  Comprehensive Quality Assurance Plan prepared under department

  7  rules.

  8         (c)  The contractor shall certify to the department

  9  that such contractor:

10         1.  Complies with applicable OSHA regulations.

11         2.  Maintains workers' compensation insurance for all

12  employees as required by the Florida Workers' Compensation

13  Law.

14         3.  Maintains comprehensive general liability and

15  comprehensive automobile liability insurance with minimum

16  limits of at least $1 million per occurrence and $1 million

17  annual aggregate, as shall protect it from claims for damage

18  for personal injury, including accidental death, as well as

19  claims for property damage which may arise from performance of

20  work under the program, designating the state as an additional

21  insured party.

22         4.  Maintains professional liability insurance of at

23  least $1 million per occurrence and $1 million annual

24  aggregate.

25         5.  Has completed and submitted a sworn statement under

26  s. 287.133(3)(a), on public entity crimes.

27         6.  Has the capacity to perform or directly supervise

28  the majority of the work at a site in accordance with s.

29  489.113(9).

30

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                                         HB 1039, Second Engrossed



  1         Reviser's note.--Section 15, ch. 97-277, Laws

  2         of Florida, purported to amend s. 376.30711(2),

  3         but failed to republish paragraphs (2)(b) and

  4         (c). In the absence of affirmative evidence

  5         that the Legislature intended to repeal the

  6         omitted material, coupled with the fact that

  7         the form of the amendment affirmatively

  8         evidences an intent to preserve the existing

  9         paragraph structure, paragraphs (2)(b) and (c)

10         are reenacted to confirm that the omission was

11         not intended.

12

13         Section 179.  Paragraph (a) of subsection (2) of

14  section 376.3072, Florida Statutes, is amended to read:

15         376.3072  Florida Petroleum Liability and Restoration

16  Insurance Program.--

17         (2)(a)  Any owner or operator of a petroleum storage

18  system may become an insured in the restoration insurance

19  program at a facility provided:

20         1.  A site at which an incident has occurred shall be

21  eligible for restoration if the insured is a participant in

22  the third-party liability insurance program or otherwise meets

23  applicable financial responsibility requirements. After July

24  1, 1993, the insured must also provide the required excess

25  insurance coverage or self-insurance for restoration to

26  achieve the financial responsibility requirements of 40 C.F.R.

27  s. 280.97, subpart H, not covered by paragraph (d) (e).

28         2.  A site which had a discharge reported prior to

29  January 1, 1989, for which notice was given pursuant to s.

30  376.3071(9) or (12), and which is ineligible for the

31  third-party liability insurance program solely due to that


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                                         HB 1039, Second Engrossed



  1  discharge shall be eligible for participation in the

  2  restoration program for any incident occurring on or after

  3  January 1, 1989, in accordance with subsection (3).

  4  Restoration funding for an eligible contaminated site will be

  5  provided without participation in the third-party liability

  6  insurance program until the site is restored as required by

  7  the department or until the department determines that the

  8  site does not require restoration.

  9         3.  Notwithstanding paragraph (b), a site where an

10  application is filed with the department prior to January 1,

11  1995, where the owner is a small business under s. 288.703(1),

12  a state community college with less than 2,500 FTE, a

13  religious institution as defined by s. 212.08(7)(o)2.a., a

14  charitable institution as defined by s. 212.08(7)(o)2.b., or a

15  county or municipality with a population of less than 50,000,

16  shall be eligible for up to $300,000 of eligible restoration

17  costs, less a deductible of $10,000 for small businesses,

18  eligible community colleges, and religious or charitable

19  institutions, and $30,000 for eligible counties and

20  municipalities, provided that:

21         a.  Except as provided in sub-subparagraph e., the

22  facility was in compliance with department rules at the time

23  of the discharge.

24         b.  The owner or operator has, upon discovery of a

25  discharge, promptly reported the discharge to the department,

26  and drained and removed the system from service, if necessary.

27         c.  The owner or operator has not intentionally caused

28  or concealed a discharge or disabled leak detection equipment.

29         d.  The owner or operator proceeds to complete initial

30  remedial action as defined by department rules.

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                                         HB 1039, Second Engrossed



  1         e.  The owner or operator, if required and if it has

  2  not already done so, applies for third-party liability

  3  coverage for the facility within 30 days of receipt of an

  4  eligibility order issued by the department pursuant to this

  5  provision.

  6

  7  However, the department may consider in-kind services from

  8  eligible counties and municipalities in lieu of the $30,000

  9  deductible. The cost of conducting initial remedial action as

10  defined by department rules shall be an eligible restoration

11  cost pursuant to this provision.

12         4.a.  By January 1, 1997, facilities at sites with

13  existing contamination shall be required to have methods of

14  release detection to be eligible for restoration insurance

15  coverage for new discharges subject to department rules for

16  secondary containment.  Annual storage system testing, in

17  conjunction with inventory control, shall be considered to be

18  a method of release detection until the later of December 22,

19  1998, or 10 years after the date of installation or the last

20  upgrade.  Other methods of release detection for storage tanks

21  which meet such requirement are:

22         (I)  Interstitial monitoring of tank and integral

23  piping secondary containment systems;

24         (II)  Automatic tank gauging systems; or

25         (III)  A statistical inventory reconciliation system

26  with a tank test every 3 years.

27         b.  For pressurized integral piping systems, the owner

28  or operator must use:

29         (I)  An automatic in-line leak detector with flow

30  restriction meeting the requirements of department rules used

31  in conjunction with an annual tightness or pressure test; or


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                                         HB 1039, Second Engrossed



  1         (II)  An automatic in-line leak detector with

  2  electronic flow shut-off meeting the requirements of

  3  department rules.

  4         c.  For suction integral piping systems, the owner or

  5  operator must use:

  6         (I)  A single check valve installed directly below the

  7  suction pump, provided there are no other valves between the

  8  dispenser and the tank; or

  9         (II)  An annual tightness test or other approved test.

10         d.  Owners of facilities with existing contamination

11  that install internal release detection systems in accordance

12  with sub-subparagraph a. shall permanently close their

13  external groundwater and vapor monitoring wells in accordance

14  with department rules by December 31, 1998.  Upon installation

15  of the internal release detection system, these wells shall be

16  secured and taken out of service until permanent closure.

17         e.  Facilities with vapor levels of contamination

18  meeting the requirements of or below the concentrations

19  specified in the performance standards for release detection

20  methods specified in department rules may continue to use

21  vapor monitoring wells for release detection.

22         f.  The department may approve other methods of release

23  detection for storage tanks and integral piping which have at

24  least the same capability to detect a new release as the

25  methods specified in this subparagraph.

26

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

28         redesignation of paragraph (e) of s.

29         376.3072(2) as paragraph (d) by s. 8, ch.

30         96-277, Laws of Florida.

31


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                                         HB 1039, Second Engrossed



  1         Section 180.  Paragraph (a) of subsection (8) and

  2  subsection (12) of section 376.3078, Florida Statutes, 1998

  3  Supplement, are amended to read:

  4         376.3078  Drycleaning facility restoration; funds;

  5  uses; liability; recovery of expenditures.--

  6         (8)  SCORING SYSTEM APPLICATION.--

  7         (a)  If the department determines that a site is

  8  eligible for the program, pursuant to this section, then the

  9  department shall develop a score for the site in accordance

10  with provisions of subsection (7) (5).

11         (12)  REOPENERS.--Upon completion of site

12  rehabilitation in compliance with subsection (11) (10),

13  additional site rehabilitation is not required unless it is

14  demonstrated:

15         (a)  That fraud was committed in demonstrating site

16  conditions or completion of site rehabilitation;

17         (b)  That new information confirms the existence of an

18  area of previously unknown contamination which exceeds the

19  site-specific rehabilitation levels established in accordance

20  with subsection (4), or which otherwise poses the threat of

21  real and substantial harm to public health, safety, or the

22  environment;

23         (c)  That the remediation efforts failed to achieve the

24  site rehabilitation criteria established under this section;

25         (d)  That the level of risk is increased beyond the

26  acceptable risk established under subsection (4) due to

27  substantial changes in exposure conditions, such as a change

28  in land use from nonresidential to residential use. Any person

29  who changes the land use of the site, thus causing the level

30  of risk to increase beyond the acceptable risk level, may be

31  required by the department to undertake additional remediation


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                                         HB 1039, Second Engrossed



  1  measures to assure that human health, public safety, and the

  2  environment are protected consistent with this section; or

  3         (e)  That a new discharge occurs at the drycleaning

  4  site subsequent to a determination of eligibility for

  5  participation in the drycleaning program established under

  6  this section.

  7

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

  9         redesignation of subunits of s. 376.3078 by the

10         reviser incident to compiling the 1998

11         Supplement to the Florida Statutes 1997.

12

13         Section 181.  Paragraph (a) of subsection (2) of

14  section 376.30781, Florida Statutes, 1998 Supplement, is

15  amended to read:

16         376.30781  Partial tax credits for rehabilitation of

17  drycleaning-solvent-contaminated sites and brownfield sites in

18  designated brownfield areas; application process; rulemaking

19  authority; revocation authority.--

20         (2)(a)  A credit in the amount of 35 percent of the

21  costs of voluntary cleanup activity that is integral to site

22  rehabilitation at the following sites is allowed pursuant to

23  ss. 199.1055 and 220.1845:

24         1.  A drycleaning-solvent-contaminated site eligible

25  for state-funded site rehabilitation under s. 376.3078(3);

26         2.  A drycleaning-solvent-contaminated site at which

27  cleanup is undertaken by the real property owner pursuant to

28  s. 376.3078(11) 376.3078(10), if the real property owner is

29  not also, and has never been, the owner or operator of the

30  drycleaning facility where the contamination exists; or

31


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                                         HB 1039, Second Engrossed



  1         3.  A brownfield site in a designated brownfield area

  2  under s. 376.80.

  3

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

  5         redesignation of s. 376.3078(10) as s.

  6         376.3078(11) by the reviser necessitated by the

  7         inclusion of two subsections numbered (6) in s.

  8         10, ch. 98-189, Laws of Florida.

  9

10         Section 182.  Paragraph (a) of subsection (1) of

11  section 376.82, Florida Statutes, 1998 Supplement, is amended

12  to read:

13         376.82  Eligibility criteria and liability

14  protection.--

15         (1)  ELIGIBILITY.--Any person who has not caused or

16  contributed to the contamination of a brownfield site on or

17  after July 1, 1997, is eligible to participate in the

18  brownfield rehabilitation program established in ss.

19  376.77-376.85, subject to the following:

20         (a)  Potential brownfield sites that are subject to an

21  ongoing formal judicial or administrative enforcement action

22  or corrective action pursuant to federal authority, including,

23  but not limited to, the Comprehensive Environmental Response

24  Compensation and Liability Act, 42 U.S.C. ss. 9601, et seq.,

25  as amended; the Safe Drinking Water Act, 42 U.S.C. ss.

26  300f-300i, as amended; the Clean Water Act, 33 U.S.C. ss.

27  1251-1387, as amended; or under an order from the United

28  States Environmental Protection Agency pursuant to s. 3008(h)

29  of the Resource Conservation and Recovery Act, as amended (42

30  U.S.C.A. s. 6928(h)); or that have obtained or are required to

31  obtain a permit for the operation of a hazardous waste


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                                         HB 1039, Second Engrossed



  1  treatment, storage, or disposal facility; a postclosure

  2  permit; or a permit pursuant to the federal Hazardous and

  3  Solid Waste Amendments of 1984, are not eligible for

  4  participation unless specific exemptions are secured by a

  5  memorandum of agreement with the United States Environmental

  6  Protection Agency pursuant to paragraph (2)(g) (2)(e). A

  7  brownfield site within an eligible brownfield area that

  8  subsequently becomes subject to formal judicial or

  9  administrative enforcement action or corrective action under

10  such federal authority shall have its eligibility revoked

11  unless specific exemptions are secured by a memorandum of

12  agreement with the United States Environmental Protection

13  Agency pursuant to paragraph (2)(g).

14

15         Reviser's note.--Amended to facilitate correct

16         interpretation and to conform to usage

17         elsewhere in the paragraph; paragraph (2)(e)

18         does not relate to agreements with the United

19         States Environmental Protection Agency.

20

21         Section 183.  Paragraphs (b), (c), (d), (e), (h), (i),

22  (j), (k), (l), and (m) of subsection (3) of section 377.703,

23  Florida Statutes, 1998 Supplement, are reenacted to read:

24         377.703  Additional functions of the Department of

25  Community Affairs; energy emergency contingency plan; federal

26  and state conservation programs.--

27         (3)  DEPARTMENT OF COMMUNITY AFFAIRS; DUTIES.--The

28  Department of Community Affairs shall, in addition to assuming

29  the duties and responsibilities provided by ss. 20.18 and

30  377.701, perform the following functions consistent with the

31  development of a state energy policy:


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                                         HB 1039, Second Engrossed



  1         (b)  The department shall constitute the responsible

  2  state agency for performing or coordinating the functions of

  3  any federal energy programs delegated to the state, including

  4  energy supply, demand, conservation, or allocation.

  5         (c)  The department shall analyze present and proposed

  6  federal energy programs and make recommendations regarding

  7  those programs to the Governor.

  8         (d)  The department shall coordinate efforts to seek

  9  federal support or other support for state energy activities,

10  including energy conservation, research, or development, and

11  shall be the state agency responsible for the coordination of

12  multiagency energy conservation programs and plans.

13         (e)  The department shall analyze energy data collected

14  and prepare long-range forecasts of energy supply and demand

15  in coordination with the Florida Public Service Commission,

16  which shall have responsibility for electricity and natural

17  gas forecasts.  To this end, the forecasts shall contain:

18         1.  An analysis of the relationship of state economic

19  growth and development to energy supply and demand, including

20  the constraints to economic growth resulting from energy

21  supply constraints.

22         2.  Plans for the development of renewable energy

23  resources and reduction in dependence on depletable energy

24  resources, particularly oil and natural gas, and an analysis

25  of the extent to which renewable energy sources are being

26  utilized in the state.

27         3.  Consideration of alternative scenarios of statewide

28  energy supply and demand for 5, 10, and 20 years, to identify

29  strategies for long-range action, including identification of

30  potential social, economic, and environmental effects.

31


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                                         HB 1039, Second Engrossed



  1         4.  An assessment of the state's energy resources,

  2  including examination of the availability of commercially

  3  developable and imported fuels, and an analysis of anticipated

  4  effects on the state's environment and social services

  5  resulting from energy resource development activities or from

  6  energy supply constraints, or both.

  7         (h)  Promote the development and use of renewable

  8  energy resources, in conformance with the provisions of

  9  chapter 187 and s. 377.601, by:

10         1.  Establishing goals and strategies for increasing

11  the use of solar energy in this state.

12         2.  Aiding and promoting the commercialization of solar

13  energy technology, in cooperation with the Florida Solar

14  Energy Center, the Department of Commerce, and any other

15  federal, state, or local governmental agency which may seek to

16  promote research, development, and demonstration of solar

17  energy equipment and technology.

18         3.  Identifying barriers to greater use of solar energy

19  systems in this state, and developing specific recommendations

20  for overcoming identified barriers, with findings and

21  recommendations to be submitted annually in the report to the

22  Legislature required under paragraph (f).

23         4.  In cooperation with the Department of

24  Transportation, the Department of Commerce, the Florida Solar

25  Energy Center, and the Florida Solar Energy Industries

26  Association, investigating opportunities, pursuant to the

27  National Energy Policy Act of 1992 and the Housing and

28  Community Development Act of 1992, for solar electric vehicles

29  and other solar energy manufacturing, distribution,

30  installation, and financing efforts which will enhance this

31


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                                         HB 1039, Second Engrossed



  1  state's position as the leader in solar energy research,

  2  development, and use.

  3         5.  Undertaking other initiatives to advance the

  4  development and use of renewable energy resources in this

  5  state.

  6

  7  In the exercise of its responsibilities under this paragraph,

  8  the department shall seek the assistance of the solar energy

  9  industry in this state and other interested parties and is

10  authorized to enter into contracts, retain professional

11  consulting services, and expend funds appropriated by the

12  Legislature for such purposes.

13         (i)  The department shall promote energy conservation

14  in all energy use sectors throughout the state and shall

15  constitute the state agency primarily responsible for this

16  function.  To this end, the department shall coordinate the

17  energy conservation programs of all state agencies and review

18  and comment on the energy conservation programs of all state

19  agencies.

20         (j)  The department shall serve as the state

21  clearinghouse for indexing and gathering all information

22  related to energy programs in state universities, in private

23  universities, in federal, state, and local government

24  agencies, and in private industry and shall prepare and

25  distribute such information in any manner necessary to inform

26  and advise the citizens of the state of such programs and

27  activities.  This shall include developing and maintaining a

28  current index and profile of all research activities, which

29  shall be identified by energy area and may include a summary

30  of the project, the amount and sources of funding, anticipated

31  completion dates, or, in case of completed research,


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                                         HB 1039, Second Engrossed



  1  conclusions, recommendations, and applicability to state

  2  government and private sector functions.  The department shall

  3  coordinate, promote, and respond to efforts by all sectors of

  4  the economy to seek financial support for energy activities.

  5  The department shall provide information to consumers

  6  regarding the anticipated energy-use and energy-saving

  7  characteristics of products and services in coordination with

  8  any federal, state, or local governmental agencies as may

  9  provide such information to consumers.

10         (k)  The department shall coordinate energy-related

11  programs of state government, including, but not limited to,

12  the programs provided in this section. To this end, the

13  department shall:

14         1.  Provide assistance to other state agencies,

15  counties, municipalities, and regional planning agencies to

16  further and promote their energy planning activities.

17         2.  Require, in cooperation with the Department of

18  Management Services, all state agencies to operate state-owned

19  and state-leased buildings in accordance with energy

20  conservation standards as adopted by the Department of

21  Management Services. Every 3 months, the Department of

22  Management Services shall furnish the department data on

23  agencies' energy consumption in a format mutually agreed upon

24  by the two departments.

25         3.  Promote the development and use of renewable energy

26  resources, energy efficiency technologies, and conservation

27  measures.

28         4.  Promote the recovery of energy from wastes,

29  including, but not limited to, the use of waste heat, the use

30  of agricultural products as a source of energy, and recycling

31  of manufactured products. Such promotion shall be conducted in


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                                         HB 1039, Second Engrossed



  1  conjunction with, and after consultation with, the Department

  2  of Environmental Protection, the Florida Public Service

  3  Commission where electrical generation or natural gas is

  4  involved, and any other relevant federal, state, or local

  5  governmental agency having responsibility for resource

  6  recovery programs.

  7         (l)  The department shall develop, coordinate, and

  8  promote a comprehensive research plan for state programs. Such

  9  plan shall be consistent with state energy policy and shall be

10  updated on a biennial basis.

11         (m)  In recognition of the devastation to the economy

12  of this state and the dangers to the health and welfare of

13  residents of this state caused by Hurricane Andrew, and the

14  potential for such impacts caused by other natural disasters,

15  the department shall include in its energy emergency

16  contingency plan and in the state model energy efficiency

17  building code specific provisions to facilitate the use of

18  cost-effective solar energy technologies as emergency remedial

19  and preventive measures for providing electric power, street

20  lighting, and water heating service in the event of electric

21  power outages.

22

23         Reviser's note.--Section 7, ch. 95-328, Laws of

24         Florida, purported to amend subsection (3) of

25         s. 377.703, but did not set out in full the

26         amended subsection to include paragraphs

27         (b)-(m). Paragraph (f) was amended by s. 39,

28         ch. 95-196, Laws of Florida, and paragraph (g)

29         was amended by s. 89, ch. 98-200, Laws of

30         Florida. In the absence of affirmative evidence

31         that the Legislature intended to repeal the


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                                         HB 1039, Second Engrossed



  1         omitted material, coupled with the amendment of

  2         two of the omitted paragraphs in other

  3         legislation and the fact that the amendments by

  4         ch. 95-196, ch. 95-328, and ch. 98-200

  5         affirmatively evidence an intent to preserve

  6         the existing subsection structure, paragraphs

  7         (b)-(e) and (h)-(m) are reenacted to confirm

  8         that their omission was not intended.

  9

10         Section 184.  Subsection (9) of section 378.901,

11  Florida Statutes, is amended to read:

12         378.901  Life-of-the-mine permit.--

13         (9)  Each operator of a mine that has received

14  construction approval in accordance with s. 403.087, s.

15  403.088, former part VIII of chapter 403, or part IV of

16  chapter 373 in response to an application which was submitted

17  prior to July 1, 1995, may elect either to seek renewal of

18  that permit or to seek a life-of-the-mine permit for all new

19  or existing activities that require a permit. Life-of-the-mine

20  permit applications for existing fuller's earth mining

21  activities must be reviewed as set forth in s. 373.414(15).

22

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

24         that the only provision in former part VIII of

25         chapter 403 existing at the time the reference

26         was enacted, s. 403.939, expired October 1,

27         1994, and was repealed by s. 18, ch. 95-145,

28         Laws of Florida.

29

30         Section 185.  Subsections (4) and (5), paragraphs (b)

31  and (c) of subsection (8), and paragraphs (d) and (g) of


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                                         HB 1039, Second Engrossed



  1  subsection (10) of section 380.0555, Florida Statutes, 1998

  2  Supplement, are amended to read:

  3         380.0555  Apalachicola Bay Area; protection and

  4  designation as area of critical state concern.--

  5         (4)  REMOVAL OF DESIGNATION.--The state land planning

  6  agency may recommend to the Administration Commission the

  7  removal of the designation from all or part of the area

  8  specified in subsection (3), if it determines that all local

  9  land development regulations and local comprehensive plans and

10  the administration of such regulations and plans are adequate

11  to protect the Apalachicola Bay Area, continue to carry out

12  the legislative intent set forth in subsection (2), and are in

13  compliance with the principles for guiding development set

14  forth in subsection (7) (8). If the Administration Commission

15  concurs with the recommendations of the state land planning

16  agency to remove any area from the designation, it shall,

17  within 45 days after receipt of the recommendation, initiate

18  rulemaking to remove the designation. The state land planning

19  agency shall make recommendations to the Administration

20  Commission annually.

21         (5)  APPLICATION OF CHAPTER 380 PROVISIONS.--Section

22  380.05(1)-(6), (8)-(12), (15), (17), and (21), shall not apply

23  to the area designated by this act for so long as the

24  designation remains in effect. Except as otherwise provided in

25  this act, s. 380.045 shall not apply to the area designated by

26  this act.  All other provisions of this chapter shall apply,

27  including ss. 380.07 and 380.11, except that the "local

28  development regulations" in s. 380.05(13) shall include the

29  regulations set forth in subsection (8) (9) for purposes of s.

30  380.05(13), and the plan or plans submitted pursuant to s.

31  380.05(14) shall be submitted no later than February 1, 1986.


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                                         HB 1039, Second Engrossed



  1  All or part of the area designated by this act may be

  2  redesignated pursuant to s. 380.05 as if it had been initially

  3  designated pursuant to that section.

  4         (8)  COMPREHENSIVE PLAN ELEMENTS AND LAND DEVELOPMENT

  5  REGULATIONS.--

  6         (b)  Conflicting regulations.--In the event of any

  7  inconsistency between subparagraph (a)1. and subparagraphs

  8  (a)2.-11., subparagraph (a)1. shall control. Further, in the

  9  event of any inconsistency between subsection (7) (8) and

10  paragraph (a) of this subsection and a development order

11  issued pursuant to s. 380.06, which has become final prior to

12  June 18, 1985, or between subsection (7) (8) and paragraph (a)

13  and an amendment to a final development order, which amendment

14  has been requested prior to April 2, 1985, the development

15  order or amendment thereto shall control.  However, any

16  modification to paragraph (a) enacted by a local government

17  and approved by the Administration Commission pursuant to

18  subsection (9) (10) may provide whether it shall control over

19  an inconsistent provision of a development order or amendment

20  thereto.  A development order or any amendment thereto

21  referred to in this paragraph shall not be subject to approval

22  by the Administration Commission pursuant to subsection (9)

23  (10).

24         (c)  Effect of existing plans and regulations.--Legally

25  adopted comprehensive plans and land development regulations

26  other than those listed in this subsection shall remain in

27  full force and effect unless inconsistent with the principles

28  for guiding development set forth in subsection (7) (8), the

29  elements of the comprehensive plan listed in this subsection,

30  or the land development regulations listed in this subsection.

31         (10)  REQUIREMENTS; LOCAL GOVERNMENTS.--


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                                         HB 1039, Second Engrossed



  1         (d)  Franklin County and the municipalities within it

  2  shall, within 12 months from June 18, 1985, establish by

  3  ordinance a map of "pollution-sensitive segments of the

  4  critical shoreline" within the Apalachicola Bay Area, which

  5  ordinance shall not be effective until approved by the

  6  Department of Health and Rehabilitative Services and the

  7  Department of Environmental Regulation.  Franklin County and

  8  the municipalities within it, after the effective date of

  9  these ordinances, shall no longer grant permits for onsite

10  wastewater disposal systems in pollution-sensitive segments of

11  the critical shoreline, except for those onsite wastewater

12  systems that will not degrade water quality in the river or

13  bay.  These ordinances shall not become effective until

14  approved by the resource planning and management committee.

15  Until such ordinances become effective, the Franklin County

16  Health Department shall not give a favorable recommendation to

17  the granting of a septic tank variance pursuant to section (1)

18  of Ordinance 79-8, adopted on June 22, 1979, by the Franklin

19  County Board of County Commissioners and filed with the

20  Secretary of State on June 27, 1979, or issue a permit for a

21  septic tank or alternative waste disposal system pursuant to

22  Ordinance 81-5, adopted on June 22, 1981, by the Franklin

23  County Board of County Commissioners and filed with the

24  Secretary of State on June 30, 1981, as amended as set forth

25  in subparagraph (8)(a)2. (9)(a)2., unless the Franklin County

26  Health Department certifies, in writing, that the use of such

27  system will be consistent with paragraph (7)(f) (8)(f) and

28  subsection (8) (9).

29         (g)  Franklin County and the municipalities within it

30  shall, beginning 12 months from June 18, 1985, prepare

31  semiannual reports on the implementation of paragraphs (b)-(f)


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                                         HB 1039, Second Engrossed



  1  on the environmental status of the Apalachicola Bay Area.  The

  2  state land planning agency may prescribe additional detailed

  3  information required to be reported.  Each report shall be

  4  delivered to the resource planning and management committee

  5  and the state land planning agency for review and

  6  recommendations. The state land planning agency shall review

  7  each report and consider such reports when making

  8  recommendations to the Administration Commission pursuant to

  9  subsection (9) (10).

10

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

12         redesignation of the subunits of s. 380.0555

13         necessitated by the repeal of former subsection

14         (7) by s. 31, ch. 98-176, Laws of Florida.

15

16         Section 186.  Section 380.20, Florida Statutes, is

17  amended to read:

18         380.20  Short title.--Sections 380.205-380.24 and ss.

19  380.31-380.33 may be cited as the "Florida Coastal Management

20  Act."

21

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

23         repeal of ss. 380.31-380.33 by s. 12, ch.

24         95-145, Laws of Florida.

25

26         Section 187.  Section 380.205, Florida Statutes, is

27  amended to read:

28         380.205  Definitions.--As used in ss. 380.21-380.24 and

29  380.31-380.33:

30         (1)  "Department" means the Department of Community

31  Affairs.


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                                         HB 1039, Second Engrossed



  1         (2)  "Interagency management committee" means the

  2  Coastal Resources Interagency Management Committee established

  3  by s. 380.31.

  4         (2)(3)  "Coastal zone" means that area of land and

  5  water from the territorial limits seaward to the most inland

  6  extent of marine influences. However, for planning and

  7  developing coordinated projects and initiatives for coastal

  8  resource protection and management, the department shall

  9  consider the coastal zone to be the geographical area

10  encompassed by the 35 Florida coastal counties listed in the

11  Final Environmental Impact Statement for the Florida Coastal

12  Management Program and the adjoining territorial sea.  It is

13  not the intent of this definition to limit the authority

14  currently exercised under the federal law and the federally

15  approved Florida Coastal Management Program by which projects

16  landward and seaward of the 35 coastal counties are reviewed

17  for consistency with the Florida Coastal Management Program.

18

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

20         repeal of ss. 380.31-380.33 by s. 12, ch.

21         95-145, Laws of Florida.

22

23         Section 188.  Subsection (4) of section 380.22, Florida

24  Statutes, 1998 Supplement, is amended to read:

25         380.22  Lead agency authority and duties.--

26         (4)  The department shall establish a county-based

27  process for identifying, and setting priorities for acquiring,

28  coastal properties in coordination with the Land Acquisition

29  Advisory Council and the Coastal Resources Interagency

30  Management Committee so these properties may be acquired as

31  part of the state's land acquisition programs.  This process


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                                         HB 1039, Second Engrossed



  1  shall include the establishment of criteria for prioritizing

  2  coastal acquisitions which, in addition to recognizing

  3  pristine coastal properties and coastal properties of

  4  significant or important environmental sensitivity, recognize

  5  hazard mitigation, beach access, beach management, urban

  6  recreation, and other policies necessary for effective coastal

  7  management.

  8

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

10         repeal of s. 380.31, which created the Coastal

11         Resources Interagency Management Committee, by

12         s. 12, ch. 95-145, Laws of Florida.

13

14         Section 189.  Section 381.0014, Florida Statutes, is

15  amended to read:

16         381.0014  Regulations and ordinances superseded.--The

17  rules adopted by the department under the provisions of this

18  chapter shall, as to matters of public health, supersede all

19  rules enacted by other state departments, boards or

20  commissions, or ordinances and regulations enacted by

21  municipalities, except that this chapter does not alter or

22  supersede any of the provisions set forth in chapters 502 and

23  503 or any rule adopted under the authority of those chapters.

24  Any rules adopted by the department under the provisions of

25  this chapter relating to the sanitary practices for the

26  production, handling, and processing of milk, to dairies, and

27  to milk plants shall be only for the purpose of carrying out

28  the provisions of s. 502.211(3).

29

30

31


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                                         HB 1039, Second Engrossed



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

  2         repeal of s. 502.211 by s. 14, ch. 94-92, Laws

  3         of Florida.

  4

  5         Section 190.  Subsection (3) of section 381.0035,

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

  7         381.0035  Educational course on human immunodeficiency

  8  virus and acquired immune deficiency syndrome; employees and

  9  clients of certain health care facilities.--

10         (3)  Facilities licensed under chapters 393, 394, 395,

11  397, and parts II, III, IV, and VI I, II, III, and V of

12  chapter 400 shall maintain a record of employees and dates of

13  attendance at human immunodeficiency virus and acquired immune

14  deficiency syndrome educational courses.

15

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

17         redesignation of the parts of chapter 400

18         incident to the compilation of ch. 93-177, Laws

19         of Florida.

20

21         Section 191.  Paragraphs (a) and (b) of subsection (3)

22  of section 381.004, Florida Statutes, 1998 Supplement, are

23  amended to read:

24         381.004  Testing for human immunodeficiency virus.--

25         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED

26  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--

27         (a)  No person in this state shall order a test

28  designed to identify the human immunodeficiency virus, or its

29  antigen or antibody, without first obtaining the informed

30  consent of the person upon whom the test is being performed,

31  except as specified in paragraph (h) (i).  Informed consent


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                                         HB 1039, Second Engrossed



  1  shall be preceded by an explanation of the right to

  2  confidential treatment of information identifying the subject

  3  of the test and the results of the test to the extent provided

  4  by law. Information shall also be provided on the fact that a

  5  positive HIV test result will be reported to the county health

  6  department with sufficient information to identify the test

  7  subject and on the availability and location of sites at which

  8  anonymous testing is performed.  As required in paragraph

  9  (4)(c), each county health department shall maintain a list of

10  sites at which anonymous testing is performed, including the

11  locations, phone numbers, and hours of operation of the sites.

12  Consent need not be in writing provided there is documentation

13  in the medical record that the test has been explained and the

14  consent has been obtained.

15         (b)  Except as provided in paragraph (h) (i), informed

16  consent must be obtained from a legal guardian or other person

17  authorized by law when the person:

18         1.  Is not competent, is incapacitated, or is otherwise

19  unable to make an informed judgment; or

20         2.  Has not reached the age of majority, except as

21  provided in s. 384.30.

22

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

24         redesignation of paragraph (3)(i) of s. 381.004

25         as paragraph (3)(h) by s. 2, ch. 98-171, Laws

26         of Florida.

27

28         Section 192.  Paragraph (s) of subsection (4) of

29  section 381.0065, Florida Statutes, 1998 Supplement, is

30  amended to read:

31


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                                         HB 1039, Second Engrossed



  1         381.0065  Onsite sewage treatment and disposal systems;

  2  regulation.--

  3         (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person

  4  may not construct, repair, modify, abandon, or operate an

  5  onsite sewage treatment and disposal system without first

  6  obtaining a permit approved by the department. The department

  7  may issue permits to carry out this section.  A construction

  8  permit is valid for 18 months from the issuance date and may

  9  be extended by the department for one 90-day period under

10  rules adopted by the department.  A repair permit is valid for

11  90 days from the date of issuance. An operating permit must be

12  obtained prior to the use of any aerobic treatment unit or if

13  the establishment generates commercial waste. Buildings or

14  establishments that use an aerobic treatment unit or generate

15  commercial waste shall be inspected by the department at least

16  annually to assure compliance with the terms of the operating

17  permit. The operating permit is valid for 1 year from the date

18  of issuance and must be renewed annually.  If all information

19  pertaining to the siting, location, and installation

20  conditions or repair of an onsite sewage treatment and

21  disposal system remains the same, a construction or repair

22  permit for the onsite sewage treatment and disposal system may

23  be transferred to another person, if the transferee files,

24  within 60 days after the transfer of ownership, an amended

25  application providing all corrected information and proof of

26  ownership of the property.  There is no fee associated with

27  the processing of this supplemental information.  A person may

28  not contract to construct, modify, alter, repair, service,

29  abandon, or maintain any portion of an onsite sewage treatment

30  and disposal system without being registered under part III of

31  chapter 489.  A property owner who personally performs


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                                         HB 1039, Second Engrossed



  1  construction, maintenance, or repairs to a system serving his

  2  or her own owner-occupied single-family residence is exempt

  3  from registration requirements for performing such

  4  construction, maintenance, or repairs on that residence, but

  5  is subject to all permitting requirements. A municipality or

  6  political subdivision of the state may not issue a building or

  7  plumbing permit for any building that requires the use of an

  8  onsite sewage treatment and disposal system unless the owner

  9  or builder has received a construction permit for such system

10  from the department. A building or structure may not be

11  occupied and a municipality, political subdivision, or any

12  state or federal agency may not authorize occupancy until the

13  department approves the final installation of the onsite

14  sewage treatment and disposal system. A municipality or

15  political subdivision of the state may not approve any change

16  in occupancy or tenancy of a building that uses an onsite

17  sewage treatment and disposal system until the department has

18  reviewed the use of the system with the proposed change,

19  approved the change, and amended the operating permit.

20         (s)  Notwithstanding the provisions of subparagraph

21  (f)1., onsite sewage treatment and disposal systems located in

22  floodways of the Suwannee and Aucilla Rivers must adhere to

23  the following requirements:

24         1.  The absorption surface of the drainfield shall not

25  be subject to flooding based on 10-year flood elevations.

26  Provided, however, for lots or parcels created by the

27  subdivision of land in accordance with applicable local

28  government regulations prior to January 17, 1990, if an

29  applicant cannot construct a drainfield system with the

30  absorption surface of the drainfield at an elevation equal to

31  or above 10-year flood elevation, the department shall issue a


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                                         HB 1039, Second Engrossed



  1  permit for an onsite sewage treatment and disposal system

  2  within the 10-year floodplain of rivers, streams, and other

  3  bodies of flowing water if all of the following criteria are

  4  met:

  5         a.  The lot is at least one-half acre in size;

  6         b.  The bottom of the drainfield is at least 36 inches

  7  above the 2-year flood elevation; and

  8         c.  The applicant installs either:  a waterless,

  9  incinerating, or organic waste composting toilet and a

10  graywater system and drainfield in accordance with department

11  rules; an aerobic treatment unit and drainfield in accordance

12  with department rules; a system approved by the State Health

13  Office that is capable of reducing effluent nitrate by at

14  least 50 percent; or a system approved by the county health

15  department pursuant to department rule other than a system

16  using alternative drainfield materials.  The United States

17  Department of Agriculture Soil Conservation Service soil maps,

18  State of Florida Water Management District data, and Federal

19  Emergency Management Agency Flood Insurance maps are resources

20  that shall be used to identify flood-prone floor prone areas.

21         2.  The use of fill or mounding to elevate a drainfield

22  system out of the 10-year floodplain of rivers, streams, or

23  other bodies of flowing water shall not be permitted if such a

24  system lies within a regulatory floodway of the Suwannee and

25  Aucilla Rivers.  In cases where the 10-year flood elevation

26  does not coincide with the boundaries of the regulatory

27  floodway, the regulatory floodway will be considered for the

28  purposes of this subsection to extend at a minimum to the

29  10-year flood elevation.

30

31


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                                         HB 1039, Second Engrossed



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

  2         facilitate correct interpretation.

  3

  4         Section 193.  Subsection (2) of section 381.0068,

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

  6         381.0068  Technical review and advisory panel.--

  7         (2)  The primary purpose of the panel is to assist the

  8  department in rulemaking and decisionmaking by drawing on the

  9  expertise of representatives from several groups that are

10  affected by onsite sewage treatment and disposal systems. The

11  panel may also review and comment on any legislation or any

12  existing or proposed state policy or issue related to onsite

13  sewage sewer treatment and disposal systems.  If requested by

14  the panel, the chair will advise any affected person or member

15  of the Legislature of the panel's position on the legislation

16  or any existing or proposed state policy or issue. The chair

17  may also take such other action as is appropriate to allow the

18  panel to function. At a minimum, the panel shall consist of a

19  soil scientist; a professional engineer registered in this

20  state who is recommended by the Florida Engineering Society

21  and who has work experience in onsite sewage treatment and

22  disposal systems; two representatives from the home-building

23  industry recommended by the Florida Home Builders Association,

24  including one who is a developer in this state who develops

25  lots using onsite sewage treatment and disposal systems; a

26  representative from the county health departments who has

27  experience permitting and inspecting the installation of

28  onsite sewage treatment and disposal systems in this state; a

29  representative from the real estate industry who is

30  recommended by the Florida Association of Realtors; a consumer

31  representative with a science background; two representatives


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                                         HB 1039, Second Engrossed



  1  of the septic tank industry recommended by the Florida Septic

  2  Tank Association, including one who is a manufacturer of

  3  onsite sewage treatment and disposal systems; and a

  4  representative from the environmental health profession who is

  5  recommended by the Florida Environmental Health Association

  6  and who is not employed by a county health department.

  7  Members are to be appointed for a term of 2 years. The panel

  8  may also, as needed, be expanded to include ad hoc, nonvoting

  9  representatives who have topic-specific expertise.  All rules

10  proposed by the department which relate to onsite sewage

11  treatment and disposal systems must be presented to the panel

12  for review and comment prior to adoption.  The panel's

13  position on proposed rules shall be made a part of the

14  rulemaking record that is maintained by the agency.  The panel

15  shall select a chair, who shall serve for a period of 1 year

16  and who shall direct, coordinate, and execute the duties of

17  the panel. The panel shall also solicit input from the

18  department's variance review and advisory committee before

19  submitting any comments to the department concerning proposed

20  rules.  The panel's comments must include any dissenting

21  points of view concerning proposed rules.  The panel shall

22  hold meetings as it determines necessary to conduct its

23  business, except that the chair, a quorum of the voting

24  members of the panel, or the department may call meetings.

25  The department shall keep minutes of all meetings of the

26  panel.  Panel members shall serve without remuneration, but,

27  if requested, shall be reimbursed for per diem and travel

28  expenses as provided in s. 112.061.

29

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

31         facilitate correct interpretation.


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                                         HB 1039, Second Engrossed



  1         Section 194.  Paragraph (d) of subsection (2) of

  2  section 381.0203, Florida Statutes, is amended to read:

  3         381.0203  Pharmacy services.--

  4         (2)  The department may establish and maintain a

  5  pharmacy services program, including, but not limited to:

  6         (d)  Consultation to county health departments as

  7  required by s. 154.04(1)(c) 154.04(1)(d).

  8

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

10         redesignation of s. 154.04(1)(d) as s.

11         154.04(1)(c) by s. 15, ch. 96-403, Laws of

12         Florida.

13

14         Section 195.  Section 408.602, Florida Statutes

15  (renumbered as section 381.732, 1998 Supplement), is amended

16  to read:

17         381.732  Short title.--Sections 381.731-381.734

18  408.601-408.604 may be cited as the "Healthy Communities,

19  Healthy People Act."

20

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

22         transfer of ss. 408.601-408.604 to ss.

23         381.731-381.734 by s. 2, ch. 98-224, Laws of

24         Florida.

25

26         Section 196.  Section 408.603, Florida Statutes

27  (renumbered as section 381.733, 1998 Supplement), is amended

28  to read:

29         381.733  Definitions.--As used in ss. 381.731-381.734

30  408.601-408.604, the term:

31


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                                         HB 1039, Second Engrossed



  1         (1)  "Department" means the Department of Health and

  2  Rehabilitative Services.

  3         (2)  "Primary prevention" means interventions directed

  4  toward healthy populations with a focus on avoiding disease

  5  prior to its occurrence.

  6         (3)  "Secondary prevention" means interventions

  7  designed to promote the early detection and treatment of

  8  diseases and to reduce the risks experienced by at-risk

  9  populations.

10         (4)  "Tertiary prevention" means interventions directed

11  at rehabilitating and minimizing the effects of disease in a

12  chronically ill population.

13

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

15         transfer of ss. 408.601-408.604 to ss.

16         381.731-381.734 by s. 2, ch. 98-224, Laws of

17         Florida.

18

19         Section 197.  Subsection (10) of section 382.003,

20  Florida Statutes, is amended to read:

21         382.003  Powers and duties of the department.--The

22  department may:

23         (10)  Adopt, promulgate, and enforce rules necessary

24  for the creation, issuance, recording, rescinding,

25  maintenance, and processing of vital records and for carrying

26  out the provisions of ss. 382.004-382.0135 382.004-382.014 and

27  ss. 382.016-382.019.

28

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

30         repeal of s. 382.014 by s. 125, ch. 97-237,

31         Laws of Florida.


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                                         HB 1039, Second Engrossed



  1         Section 198.  Section 382.356, Florida Statutes, is

  2  amended to read:

  3         382.356  Protocol for sharing certain birth certificate

  4  information.--In order to facilitate the prosecution of

  5  offenses under s. 794.011, s. 794.05, s. 800.04, or s.

  6  827.04(3) 827.04(4), the Department of Health, the Department

  7  of Revenue, and the Florida Prosecuting Attorneys Association

  8  shall develop a protocol for sharing birth certificate

  9  information for all children born to unmarried mothers who are

10  less than 17 years of age at the time of the child's birth.

11

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

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

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

15         redesignation of subunits of s. 827.04 by s.

16         10, ch. 96-322, Laws of Florida.

17

18         Section 199.  Paragraph (c) of subsection (2) of

19  section 388.4111, Florida Statutes, is amended to read:

20         388.4111  Public lands; arthropod control.--

21         (2)

22         (c)  If the land management agency and the local

23  arthropod control agency are unable to agree on a public lands

24  control plan, the Florida Coordinating Council on Mosquito

25  Control may recommend a control plan to the department, which

26  shall propose a recommended public lands control plan.  If the

27  land management agency and the local arthropod control agency

28  fail to agree to such recommended public lands control plan

29  within 30 days of the rendering of such plan, either agency

30  may petition the Land and Water Adjudicatory Commission to

31  determine whether the proposed control plan employs methods


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                                         HB 1039, Second Engrossed



  1  which are the minimum necessary and economically feasible to

  2  abate a public health or nuisance problem and which impose the

  3  least hazard to fish, wildlife, and other natural resources

  4  protected or managed in such areas. Unless both parties waive

  5  their right to a hearing, the Land and Water Adjudicatory

  6  Commission shall direct a hearing officer to hold a hearing

  7  within the jurisdiction of the local arthropod control agency

  8  pursuant to the provisions of ss. 120.569 and 120.57 and

  9  submit a recommended order.  The commission shall, within 60

10  days of receipt of the recommended order, issue a final order

11  adopting a public lands control plan. Consistent with s.

12  120.57(1)(l) 120.57(1)(j), the commission may adopt or modify

13  the proposed control plan. The commission shall adopt rules on

14  the conduct of appeals before the commission.

15

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

17         redesignation of s. 120.57(1)(j) as s.

18         120.57(1)(l) by s. 5, ch. 98-200, Laws of

19         Florida.

20

21         Section 200.  Subsection (1) of section 388.46, Florida

22  Statutes, is amended to read:

23         388.46  Florida Coordinating Council on Mosquito

24  Control; establishment; membership; organization;

25  responsibilities.--

26         (1)  ESTABLISHMENT OF COUNCIL; LEGISLATIVE INTENT.--It

27  is declared to be in the best interest of the state that

28  public agencies responsible for and involved in arthropod

29  control activities work together to reduce duplication of

30  effort, foster maximum efficient use of existing resources,

31  advise and assist the agencies involved in arthropod control


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                                         HB 1039, Second Engrossed



  1  in implementing best management practices and best available

  2  technology in controlling arthropods, develop outside funding

  3  sources and establish priorities for research into the

  4  environmental effects of arthropod control, and enhance

  5  communication between all interests involved in arthropod

  6  control activities.  It is therefore the intent of the

  7  Legislature to establish the Florida Coordinating Council on

  8  Mosquito Control within the department.  The Florida

  9  Coordinating Council on Mosquito Control shall be an advisory

10  body, as defined in s. 11.611(3)(a).

11

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

13         repeal of s. 11.611 by s. 5, ch. 91-429, Laws

14         of Florida, ratified by s. 33, ch. 96-318, Laws

15         of Florida.

16

17         Section 201.  Paragraph (b) of subsection (3) of

18  section 390.0111, Florida Statutes, 1998 Supplement, is

19  amended to read:

20         390.0111  Termination of pregnancies.--

21         (3)  CONSENTS REQUIRED.--A termination of pregnancy may

22  not be performed or induced except with the voluntary and

23  informed written consent of the pregnant woman or, in the case

24  of a mental incompetent, the voluntary and informed written

25  consent of her court-appointed guardian.

26         (b)  In the event a medical emergency exists and a

27  physician cannot comply with the requirements for informed

28  consent, a physician may terminate a pregnancy if he or she

29  has obtained at least one corroborative medical opinion

30  attesting to the medical necessity for emergency medical

31  procedures and to the fact that to a reasonable degree of


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                                         HB 1039, Second Engrossed



  1  medical certainty the continuation of the pregnancy would

  2  threaten the life of the pregnant woman. In the event no

  3  second physician is available for a corroborating opinion, the

  4  physician may proceed but shall be document reasons for the

  5  medical necessity in the patient's medical records.

  6

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

  8         facilitate correct interpretation.

  9

10         Section 202.  Subsection (3) of section 390.0112,

11  Florida Statutes, is amended to read:

12         390.0112  Termination of pregnancies; reporting.--

13         (3)  Reports submitted pursuant to this section shall

14  be confidential and exempt from the provisions of s. 119.07(1)

15  and shall not be revealed except upon the order of a court of

16  competent jurisdiction in a civil or criminal proceeding. This

17  exemption is subject to the Open Government Sunset Review Act

18  in accordance with s. 119.14.

19

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

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

22         of Florida.

23

24         Section 203.  Subsections (8) and (45) of section

25  393.063, Florida Statutes, 1998 Supplement, are amended to

26  read:

27         393.063  Definitions.--For the purposes of this

28  chapter:

29         (8)  "Comprehensive transitional education program"

30  means a group of jointly operating centers or units, the

31  collective purpose of which is to provide a sequential series


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                                         HB 1039, Second Engrossed



  1  of educational care, training, treatment, habilitation, and

  2  rehabilitation services to persons who have developmental

  3  disabilities, as defined in subsection (12) (11), and who have

  4  severe or moderate maladaptive behaviors.  However, nothing in

  5  this subsection shall require comprehensive transitional

  6  education programs to provide services only to persons with

  7  developmental disabilities, as defined in subsection (12)

  8  (11).  All such services shall be temporary in nature and

  9  delivered in a structured residential setting with the primary

10  goal of incorporating the normalization principle to establish

11  permanent residence for persons with maladaptive behaviors in

12  facilities not associated with the comprehensive transitional

13  education program.  The staff shall include psychologists and

14  teachers, and such staff personnel shall be available to

15  provide services in each component center or unit of the

16  program.  The psychologists shall be individuals who are

17  licensed in this state and certified as behavior analysts in

18  this state, or individuals who meet the professional

19  requirements established by the department for district

20  behavior analysts and are certified as behavior analysts in

21  this state.

22         (a)  Comprehensive transitional education programs

23  shall include a minimum of two component centers or units, as

24  defined in this paragraph, one of which shall be either an

25  intensive treatment and educational center or a transitional

26  training and educational center, which provide services to

27  persons with maladaptive behaviors in the following sequential

28  order:

29         1.  Intensive treatment and educational center.  This

30  component is a self-contained residential unit providing

31  intensive psychological and educational programming for


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                                         HB 1039, Second Engrossed



  1  persons with severe maladaptive behaviors, whose behaviors

  2  preclude placement in a less restrictive environment due to

  3  the threat of danger or injury to themselves or others.

  4         2.  Transitional training and educational center.  This

  5  component is a residential unit for persons with moderate

  6  maladaptive behaviors, providing concentrated psychological

  7  and educational programming emphasizing a transition toward a

  8  less restrictive environment.

  9         3.  Community transition residence.  This component is

10  a residential center providing educational programs and such

11  support services, training, and care as are needed to assist

12  persons with maladaptive behaviors to avoid regression to more

13  restrictive environments while preparing them for more

14  independent living. Continuous-shift staff shall be required

15  for this component.

16         4.  Alternative living center.  This component is a

17  residential unit providing an educational and family living

18  environment for persons with maladaptive behaviors, in a

19  moderately unrestricted setting.  Residential staff shall be

20  required for this component.

21         5.  Independent living education center.  This

22  component is a facility providing a family living environment

23  for persons with maladaptive behaviors, in a largely

24  unrestricted setting which includes education and monitoring

25  appropriate to support the development of independent living

26  skills by the students.

27         (b)  Centers or units that are components of a

28  comprehensive transitional education program are subject to

29  the license issued to the comprehensive transitional education

30  program and may be located on either single or multiple sites.

31


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                                         HB 1039, Second Engrossed



  1         (c)  Comprehensive transitional education programs

  2  shall develop individual education plans for each person with

  3  maladaptive behaviors who receives services therein.  Such

  4  individual education plans shall be developed in accordance

  5  with the criteria included in Pub. L. No. 94-142, 20 U.S.C.

  6  ss. 401 et seq., and 34 C.F.R. part 300.

  7         (d)  In no instance shall the total number of persons

  8  with maladaptive behaviors being provided services in a

  9  comprehensive transitional education program exceed 120.

10         (e)  This subsection shall authorize licensure for

11  comprehensive transitional education programs which by July 1,

12  1989:

13         1.  Are in actual operation; or

14         2.  Own a fee simple interest in real property for

15  which a county or city government has approved zoning allowing

16  for the placement of the facilities described in this

17  subsection, and have registered an intent with the department

18  to operate a comprehensive transitional education program.

19         (45)  "Screening," for purposes of employment,

20  contracting, or certification, means the act of assessing the

21  background of direct service providers and independent support

22  coordinators, who are not related to clients for whom they

23  provide services, and includes, but is not limited to,

24  employment history checks, local criminal records checks

25  through local law enforcement agencies, fingerprinting for all

26  purposes and checks in this subsection, statewide criminal

27  records checks through the Department of Law Enforcement, and

28  federal criminal records checks through the Federal Bureau of

29  Investigation; except that screening for volunteers included

30  under the definition of personnel includes only local criminal

31  records checks through local law enforcement agencies for


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                                         HB 1039, Second Engrossed



  1  current residence and residence immediately prior to

  2  employment as a volunteer, if different; and statewide

  3  criminal records correspondence checks through the Department

  4  of Law Enforcement.

  5

  6         Reviser's note.--Subsection (8) is amended to

  7         conform to the redesignation of s. 393.063(11)

  8         as s. 393.063(12) by s. 23, ch. 98-171, Laws of

  9         Florida. Subsection (45) is amended to improve

10         clarity and facilitate correct interpretation.

11

12         Section 204.  Subsection (12) of section 393.067,

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

14         393.067  Licensure of residential facilities and

15  comprehensive transitional education programs.--

16         (12)  An alternative living center and an independent

17  living education center, as defined in s. 393.063(8)

18  393.063(7), shall be subject to the provisions of s. 419.001,

19  except that such centers shall be exempt from the

20  1,000-foot-radius requirement of s. 419.001(2) if:

21         (a)  Such centers are located on a site zoned in a

22  manner so that all the component centers of a comprehensive

23  transition education center may be located thereon; or

24         (b)  There are no more than three such centers within

25  said radius of 1,000 feet.

26

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

28         redesignation of s. 393.063(7) as s. 393.063(8)

29         by s. 23, ch. 98-171, Laws of Florida.

30

31


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                                         HB 1039, Second Engrossed



  1         Section 205.  Subsection (7) of section 394.4787,

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

  3         394.4787  Definitions.--As used in this section and ss.

  4  394.4786, 394.4788, and 394.4789:

  5         (7)  "Specialty psychiatric hospital" means a hospital

  6  licensed by the agency pursuant to s. 395.002(29) 395.002(30)

  7  as a specialty psychiatric hospital.

  8

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

10         redesignation of s. 395.002(30) as s.

11         395.002(29) incident to the compilation of the

12         1998 Supplement to the Florida Statutes 1997.

13

14         Section 206.  Subsections (11) and (29) of section

15  395.002, Florida Statutes, 1998 Supplement, are amended to

16  read:

17         395.002  Definitions.--As used in this chapter:

18         (11)  "General hospital" means any facility which meets

19  the provisions of subsection (13) (14) and which regularly

20  makes its facilities and services available to the general

21  population.

22         (29)  "Specialty hospital" means any facility which

23  meets the provisions of subsection (13) (14), and which

24  regularly makes available either:

25         (a)  The range of medical services offered by general

26  hospitals, but restricted to a defined age or gender group of

27  the population;

28         (b)  A restricted range of services appropriate to the

29  diagnosis, care, and treatment of patients with specific

30  categories of medical or psychiatric illnesses or disorders;

31  or


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                                         HB 1039, Second Engrossed



  1         (c)  Intensive residential treatment programs for

  2  children and adolescents as defined in subsection (16).

  3

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

  5         redesignation of subsection (14) of s. 395.002

  6         as subsection (13) necessitated by the repeal

  7         of former subsection (2) by s. 23, ch. 98-89,

  8         Laws of Florida.

  9

10         Section 207.  Subsection (4) of section 395.605,

11  Florida Statutes, is amended to read:

12         395.605  Emergency care hospitals.--

13         (4)  For the purpose of coordinating primary care

14  services described in s. 154.011(1)(c)10. and aging services

15  described in s. 410.016(2)(n), the department shall treat

16  emergency care hospitals in the same manner as rural

17  hospitals.

18

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

20         repeal of s. 410.016 by s. 87, ch. 95-418, Laws

21         of Florida.

22

23         Section 208.  Section 397.405, Florida Statutes, is

24  reenacted and amended to read:

25         397.405  Exemptions from licensure.--The following are

26  exempt from the licensing provisions of this chapter:

27         (1)  A hospital or hospital-based component licensed

28  under chapter 395.

29         (2)  A nursing home facility as defined in s.

30  400.021(11).

31


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                                         HB 1039, Second Engrossed



  1         (3)  A substance abuse education program established

  2  pursuant to s. 233.061.

  3         (4)  A facility or institution operated by the Federal

  4  Government.

  5         (5)  A physician licensed under chapter 458 or chapter

  6  459.

  7         (6)  A psychologist licensed under chapter 490.

  8         (7)  A social worker, marriage and family therapist, or

  9  mental health counselor licensed under chapter 491.

10         (8)  An established and legally cognizable church or

11  nonprofit religious organization, denomination, or sect

12  providing substance abuse services, including prevention

13  services, which are exclusively religious, spiritual, or

14  ecclesiastical in nature.  A church or nonprofit religious

15  organization, denomination, or sect providing any of the

16  licensable service components itemized under s. 397.311(19) is

17  not exempt for purposes of its provision of such licensable

18  service components but retains its exemption with respect to

19  all services which are exclusively religious, spiritual, or

20  ecclesiastical in nature.

21         (9)  Facilities licensed under s. 393.063(8) 393.063(7)

22  that, in addition to providing services to persons who are

23  developmentally disabled as defined therein, also provide

24  services to persons developmentally at risk as a consequence

25  of exposure to alcohol or other legal or illegal drugs while

26  in utero.

27         (10)  DUI education and screening services required to

28  be attended pursuant to ss. 316.192, 316.193, 322.095,

29  322.271, and 322.291 are exempt from licensure under this

30  chapter.  Treatment programs must continue to be licensed

31  under this chapter.


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                                         HB 1039, Second Engrossed



  1

  2  The exemptions from licensure in this section do not apply to

  3  any facility or entity which receives an appropriation, grant,

  4  or contract from the state to operate as a service provider as

  5  defined in this chapter or to any substance abuse program

  6  regulated pursuant to s. 397.406.  No provision of this

  7  chapter shall be construed to limit the practice of a

  8  physician licensed under chapter 458 or chapter 459, a

  9  psychologist licensed under chapter 490, or a psychotherapist

10  licensed under chapter 491, providing outpatient or inpatient

11  substance abuse treatment to a voluntary patient, so long as

12  the physician, psychologist, or psychotherapist does not

13  represent to the public that he or she is a licensed service

14  provider under this act. Failure to comply with any

15  requirement necessary to maintain an exempt status under this

16  section is a misdemeanor of the first degree, punishable as

17  provided in s. 775.082 or s. 775.083.

18

19         Reviser's note.--Section 65, ch. 97-190, Laws

20         of Florida, purported to amend subsection (3)

21         of s. 397.405, but did not set out in full the

22         amended subsection to include the flush left

23         language at the end of the section.  In the

24         absence of affirmative evidence that the

25         Legislature intended to repeal the omitted

26         material, s. 397.405 is reenacted to confirm

27         that the omission was not intended. Subsection

28         (9) is amended to conform to the redesignation

29         of s. 393.063(7) as s. 393.063(8) by s. 23, ch.

30         98-171, Laws of Florida.

31


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                                         HB 1039, Second Engrossed



  1         Section 209.  Subsection (4) of section 400.0067,

  2  Florida Statutes, is amended to read:

  3         400.0067  Establishment of State Long-Term Care

  4  Ombudsman Council; duties; membership.--

  5         (4)(a)  Within 30 days after May 5, 1993, each district

  6  ombudsman council shall appoint one member to the council and

  7  the secretary shall submit a list of not fewer than eight

  8  council nominees to the Governor.

  9         (b)  Within 60 days after May 5, 1993, the Governor

10  shall appoint three members to the council, or the provisions

11  of paragraph (3)(a) shall apply.

12         (c)  The initial appointments shall be for staggered

13  terms. The members from districts 1, 2, 3A, 3B, and 4 shall

14  serve for 1 year; the members from districts 5, 6, 7, 8, and 9

15  shall serve for 2 years; and the members from districts 10 and

16  11 and the Governor's three appointees shall serve for 3

17  years. Thereafter, Members shall be appointed and serve 3-year

18  terms as provided by this section.

19         (d)  Within 60 days after May 5, 1993, or as soon

20  thereafter as practicable, the State Long-Term Care Ombudsman

21  Council shall hold its first meeting and shall elect a

22  chairperson from among its members, without regard to the

23  minimum time served on the council.  All other provisions of

24  paragraph (3)(c) shall apply.

25

26         Reviser's note.--Amended to delete provisions

27         that have served their purpose.

28

29         Section 210.  Paragraph (b) of subsection (1) of

30  section 400.051, Florida Statutes, 1998 Supplement, is amended

31  to read:


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                                         HB 1039, Second Engrossed



  1         400.051  Homes or institutions exempt from the

  2  provisions of this part.--

  3         (1)  The following shall be exempt from the provisions

  4  of this part:

  5         (b)  Any hospital, as defined in s. 395.002(11)

  6  395.002(10), that is licensed under chapter 395.

  7

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

  9         redesignation of the referenced s. 395.002(10)

10         as s. 395.002(11) incident to the compilation

11         of the 1998 Supplement to the Florida Statutes

12         1997.

13

14         Section 211.  Subsection (1) of section 400.063,

15  Florida Statutes, is amended to read:

16         400.063  Resident Protection Trust Fund.--

17         (1)  A Resident Protection Trust Fund shall be

18  established for the purpose of collecting and disbursing funds

19  generated from the license fees and administrative fines as

20  provided for in ss. 393.0673(2), 400.062(3)(b), 400.111(1),

21  400.121(2), and 400.23(9) 400.23(8).  Such funds shall be for

22  the sole purpose of paying for the appropriate alternate

23  placement, care, and treatment of residents who are removed

24  from a facility licensed under this part or a facility

25  specified in s. 393.0678(1) in which the agency determines

26  that existing conditions or practices constitute an immediate

27  danger to the health, safety, or security of the residents.

28  If the agency determines that it is in the best interest of

29  the health, safety, or security of the residents to provide

30  for an orderly removal of the residents from the facility, the

31  agency may utilize such funds to maintain and care for the


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                                         HB 1039, Second Engrossed



  1  residents in the facility pending removal and alternative

  2  placement.  The maintenance and care of the residents shall be

  3  under the direction and control of a receiver appointed

  4  pursuant to s. 393.0678(1) or s. 400.126(1).  However, funds

  5  may be expended in an emergency upon a filing of a petition

  6  for a receiver, upon the declaration of a state of local

  7  emergency pursuant to s. 252.38(3)(a)5. 252.38(6)(e), or upon

  8  a duly authorized local order of evacuation of a facility by

  9  emergency personnel to protect the health and safety of the

10  residents.

11

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

13         correct location of material relating to

14         license fees and administrative fines in s.

15         400.23 and the redesignation of s. 252.38(6)(e)

16         as s. 252.38(3)(a)5. by s. 14, ch. 93-211, Laws

17         of Florida.

18

19         Section 212.  Subsection (2) of section 400.417,

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

21         400.417  Expiration of license; renewal; conditional

22  license.--

23         (2)  A license shall be renewed within 90 days upon the

24  timely filing of an application on forms furnished by the

25  agency and the provision of satisfactory proof of ability to

26  operate and conduct the facility in accordance with the

27  requirements of this part and adopted rules, including proof

28  that the facility has received a satisfactory firesafety

29  inspection, conducted by the local authority having

30  jurisdiction or the State Fire Marshal, within the preceding

31


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                                         HB 1039, Second Engrossed



  1  12 months and an affidavit of or compliance with the

  2  background screening requirements of s. 400.4174.

  3

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

  5         facilitate correct interpretation.

  6

  7         Section 213.  Subsection (2) of section 400.4174,

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

  9         400.4174  Background screening; exemptions; reports of

10  abuse in facilities.--

11         (2)  The owner or administrator of an assisted living

12  facility must conduct level 1 background screening, as set

13  forth in chapter 435, on all employees hired on or after

14  October 1, 1998, who perform personal services as defined in

15  s. 400.402(17) 400.402(16). The agency may exempt an

16  individual from employment disqualification as set forth in

17  chapter 435. Such persons shall be considered as having met

18  this requirement if:

19         (a)  Proof of compliance with level 1 screening

20  requirements obtained to meet any professional license

21  requirements in this state is provided and accompanied, under

22  penalty of perjury, by a copy of the person's current

23  professional license and an affidavit of current compliance

24  with the background screening requirements.

25         (b)  The person required to be screened has been

26  continuously employed in the same type of occupation for which

27  the person is seeking employment without a breach in service

28  which exceeds 180 days, and proof of compliance with the level

29  1 screening requirement which is no more than 2 years old is

30  provided. Proof of compliance shall be provided directly from

31  one employer or contractor to another, and not from the person


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                                         HB 1039, Second Engrossed



  1  screened. Upon request, a copy of screening results shall be

  2  provided by the employer retaining documentation of the

  3  screening to the person screened.

  4         (c)  The person required to be screened is employed by

  5  a corporation or business entity or related corporation or

  6  business entity that owns, operates, or manages more than one

  7  facility or agency licensed under this chapter, and for whom a

  8  level 1 screening was conducted by the corporation or business

  9  entity as a condition of initial or continued employment.

10

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

12         redesignation of s. 400.402(16) as s.

13         400.402(17) by s. 1, ch. 98-80, Laws of

14         Florida.

15

16         Section 214.  Paragraph (a) of subsection (4) of

17  section 400.4256, Florida Statutes, 1998 Supplement, is

18  amended to read:

19         400.4256  Assistance with self-administration of

20  medication.--

21         (4)  Assistance with self-administration does not

22  include:

23         (a)  Mixing, compounding, converting, or calculating

24  medication doses, except for measuring a prescribed amount of

25  liquid medication or breaking a scored tablet tabled or

26  crushing a tablet as prescribed.

27

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

29         facilitate correct interpretation.

30

31


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                                         HB 1039, Second Engrossed



  1         Section 215.  Subsection (11) of section 400.426,

  2  Florida Statutes, is amended to read:

  3         400.426  Appropriateness of placements; examinations of

  4  residents.--

  5         (11)  No resident who requires 24-hour nursing

  6  supervision, except for a resident who is an enrolled hospice

  7  patient pursuant to part VI V of this chapter, shall be

  8  retained in a facility licensed under this part.

  9

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

11         redesignation of part V of chapter 400 as part

12         VI incident to the compilation of ch. 93-177,

13         Laws of Florida.

14

15         Section 216.  Paragraph (a) of subsection (6) of

16  section 400.427, Florida Statutes, 1998 Supplement, is amended

17  to read:

18         400.427  Property and personal affairs of residents.--

19         (6)

20         (a)  In addition to any damages or civil penalties to

21  which a person is subject, any person who:

22         1.  Intentionally withholds a resident's personal

23  funds, personal property, or personal needs allowance, or who

24  demands, beneficially receives, or contracts for payment of

25  all or any part of a resident's personal property or personal

26  needs allowance in satisfaction of the facility rate for

27  supplies and services; or

28         2.  Borrows from or pledges any personal funds of a

29  resident, other than the amount agreed to by written contract

30  under s. 400.424,

31


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                                         HB 1039, Second Engrossed



  1  commits a misdemeanor of the first degree, punishable as

  2  provided in s. 775.082 or s. 775.083.

  3

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

  5         facilitate correct interpretation. Prior to the

  6         amendment by s. 22, ch. 93-216, Laws of

  7         Florida, the language "commits a misdemeanor of

  8         the first degree, punishable as provided in s.

  9         775.082 or s. 775.083" was placed flush left

10         following s. 400.427(6)(a)2. The amendment by

11         s. 22, ch. 93-216, placed the language at the

12         end of subparagraph 2.

13

14         Section 217.  Subsection (2) of section 400.447,

15  Florida Statutes, is amended to read:

16         400.447  Prohibited acts; penalties for violation.--

17         (2)  It is unlawful for any holder of a license issued

18  pursuant to the provisions of this act to withhold from the

19  agency any evidence of financial instability, including, but

20  not limited to, bad checks, delinquent accounts, nonpayment of

21  withholding taxes, unpaid utility expenses, nonpayment for

22  essential services, or adverse court action concerning the

23  financial viability of the facility or any other facility

24  licensed under part II I or part III II of this chapter which

25  is owned by the licensee.

26

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

28         redesignation of parts I and II of chapter 400

29         as parts II and III incident to the compilation

30         of ch. 93-177, Laws of Florida.

31


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                                         HB 1039, Second Engrossed



  1         Section 218.  Subsection (1) of section 400.471,

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

  3         400.471  Application for license; fee; provisional

  4  license; temporary permit.--

  5         (1)  Application for an initial license or for renewal

  6  of an existing license must be made under oath to the Agency

  7  for Health Care Administration on forms furnished by it and

  8  must be accompanied by the appropriate license fee as provided

  9  in subsection (8) (4).  The agency must take final action on

10  an initial licensure application within 60 days after receipt

11  of all required documentation.

12

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

14         correct location of material relating to

15         license fees in s. 400.471(7) as amended by s.

16         4, ch. 93-214, Laws of Florida, and the further

17         redesignation of subsection (7) as subsection

18         (8) by s. 48, ch. 98-171, Laws of Florida.

19

20         Section 219.  Paragraph (a) of subsection (2) of

21  section 400.6085, Florida Statutes, is amended to read:

22         400.6085  Contractual services.--A hospice may contract

23  out for some elements of its services.  However, the core

24  services, as set forth in s. 400.609(1), shall be provided

25  directly by the hospice.  Any contract entered into between a

26  hospice and a health care facility or service provider must

27  specify that the hospice retains the responsibility for

28  planning, coordinating, and prescribing hospice care and

29  services for the hospice patient and family.  A hospice that

30  contracts for any hospice service is prohibited from charging

31  fees for services provided directly by the hospice care team


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                                         HB 1039, Second Engrossed



  1  that duplicate contractual services provided to the patient

  2  and family.

  3         (2)  With respect to contractual arrangements for

  4  inpatient hospice care:

  5         (a)  Licensed beds designated for inpatient hospice

  6  care through contract between an existing health care facility

  7  and a hospice shall not be required to be delicensed from one

  8  type of health care in order to enter into a contract with a

  9  hospice, nor shall the physical plant of any facility licensed

10  pursuant to chapter 395 or part II I of this chapter be

11  required to be altered, except that a homelike atmosphere may

12  be required.

13

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

15         redesignation of part I of chapter 400 as part

16         II incident to the compilation of ch. 93-177,

17         Laws of Florida.

18

19         Section 220.  Subsection (12) of section 400.618,

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

21         400.618  Definitions.--As used in this part, the term:

22         (12)  "Relative" means an individual who is the father,

23  mother, son, daughter, brother, sister, grandfather,

24  grandmother, great-grandfather, and great-grandmother, uncle,

25  aunt, first cousin, nephew, niece, husband, wife,

26  father-in-law, mother-in-law, son-in-law, daughter-in-law,

27  brother-in-law, sister-in-law, stepfather, stepmother,

28  stepson, stepdaughter, stepbrother, stepsister, half brother,

29  or half sister of a provider.

30

31


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                                         HB 1039, Second Engrossed



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

  2         facilitate correct interpretation.

  3

  4         Section 221.  Paragraphs (a), (b), and (d) of

  5  subsection (1) of section 400.6196, Florida Statutes, 1998

  6  Supplement, are amended to read:

  7         400.6196  Violations; penalties.--

  8         (1)  In addition to any other liability or penalty

  9  provided by law, the agency may impose a civil penalty on a

10  provider according to the following classification:

11         (a)  Class I violations are those conditions or

12  practices related to the operation and maintenance of an adult

13  family-care home or to the care of residents which the agency

14  determines present an imminent danger to the residents or

15  guests of the facility or a substantial probability that death

16  or serious physical or emotional harm would result therefrom.

17  The condition or practice that constitutes a class I violation

18  must be abated or eliminated within 24 hours, unless a fixed

19  period, as determined by the agency, is required for

20  correction. A class I deficiency is subject to an

21  administrative fine in an amount not less than that $500 and

22  not exceeding $1,000 for each violation. A fine may be levied

23  notwithstanding the correction of the deficiency.

24         (b)  Class II violations are those conditions or

25  practices related to the operation and maintenance of an adult

26  family-care home or to the care of residents which the agency

27  determines directly threaten the physical or emotional health,

28  safety, or security of the residents, other than class I

29  violations. A class II violation is subject to an

30  administrative fine in an amount not less than that $250 and

31  not exceeding $500 for each violation. A citation for a class


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                                         HB 1039, Second Engrossed



  1  II violation must specify the time within which the violation

  2  is required to be corrected. If a class II violation is

  3  corrected within the time specified, no civil penalty shall be

  4  imposed, unless it is a repeated offense.

  5         (d)  Class IV violations are those conditions or

  6  occurrences related to the operation and maintenance of an

  7  adult family-care home, or related to the required reports,

  8  forms, or documents, which do not have the potential of

  9  negatively affecting the residents. A provider that does not

10  correct a class IV violation within the time limit specified

11  by the agency is subject to an administrative fine in an

12  amount not less than that $50 and not exceeding $100 for each

13  violation. Any class IV violation that is corrected during the

14  time the agency survey is conducted will be identified as an

15  agency finding and not as a violation.

16

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

18         facilitate correct interpretation.

19

20         Section 222.  Section 402.161, Florida Statutes, is

21  amended to read:

22         402.161  Authorization for sale of property.--

23         (1)  The Department of Children and Family Services

24  division is authorized to sell any real or personal property

25  that it acquired by way of donation, gift, contribution,

26  bequest, or devise from any person, persons, or organizations

27  when such real or personal property is determined by the

28  department division not to be necessary for use in connection

29  with the work of the department division. All proceeds derived

30  from the sale of such property shall be transmitted to the

31  State Treasury to be credited to the department.


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                                         HB 1039, Second Engrossed



  1         (2)  The Department of Children and Family Services

  2  division is authorized to use for its division purposes any

  3  moneys realized from the sale of any such real or personal

  4  property.  It is expressly declared to be the intention of the

  5  Legislature that such moneys are appropriated to the

  6  department and may be used by it for its division purposes.

  7  However, such moneys shall be withdrawn in accordance with

  8  law.  Such moneys are appropriated to the use of the

  9  department in addition to other funds which have been or may

10  otherwise be appropriated for its division purposes.

11

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

13         assignment of the functions of the former

14         Division of Family Services to the former

15         Department of Health and Rehabilitative

16         Services by s. 3, ch. 75-48, Laws of Florida,

17         and the subsequent assumption of those

18         functions by the Department of Children and

19         Family Services, created by s. 5, ch. 96-403,

20         Laws of Florida.

21

22         Section 223.  Paragraphs (b), (d), and (g) of

23  subsection (2) of section 402.3055, Florida Statutes, are

24  amended to read:

25         402.3055  Child care personnel requirements.--

26         (2)  EXCLUSION FROM OWNING, OPERATING, OR BEING

27  EMPLOYED BY A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM;

28  HEARINGS PROVIDED.--

29         (b)  When the department or the local licensing agency

30  has reasonable cause to believe that grounds for denial or

31  termination of employment exist, it shall notify, in writing,


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                                         HB 1039, Second Engrossed



  1  the applicant, licensee, or other child care program and the

  2  child care personnel affected, stating the specific record

  3  which indicates noncompliance with the standards in s.

  4  402.305(2) 402.305(1).

  5         (d)  When a local licensing agency is the agency

  6  initiating the statement regarding noncompliance of an

  7  employee with the standards contained in s. 402.305(2)

  8  402.305(1), the employee, applicant, licensee, or other child

  9  care program has 15 days from the time of written notification

10  of the agency's finding to make a written request for a

11  hearing.  If a request for a hearing is not received in that

12  time, the permanent employee, applicant, licensee, or other

13  child care program is presumed to accept the finding.

14         (g)  Refusal on the part of an applicant or licensee to

15  dismiss child care personnel who have been found to be in

16  noncompliance with personnel standards of s. 402.305(2)

17  402.305(1) shall result in automatic denial or revocation of

18  the license in addition to any other remedies pursued by the

19  department or local licensing agency.

20

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

22         redesignation of s. 402.305(1) as s. 402.305(2)

23         by s. 2, ch. 91-300, Laws of Florida.

24

25         Section 224.  Section 402.3057, Florida Statutes, is

26  amended to read:

27         402.3057  Persons not required to be refingerprinted or

28  rescreened.--Any provision of law to the contrary

29  notwithstanding, human resource personnel who have been

30  fingerprinted or screened pursuant to chapters 393, 394, 397,

31  402, and 409, and teachers and noninstructional personnel who


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                                         HB 1039, Second Engrossed



  1  have been fingerprinted pursuant to chapter 231, who have not

  2  been unemployed for more than 90 days thereafter, and who

  3  under the penalty of perjury attest to the completion of such

  4  fingerprinting or screening and to compliance with the

  5  provisions of this section and the standards for good moral

  6  character as contained in such provisions as ss. 110.1127(3),

  7  393.0655(1), 394.457(6), 397.451, 402.305(2) 402.305(1), and

  8  409.175(4), shall not be required to be refingerprinted or

  9  rescreened in order to comply with any caretaker screening or

10  fingerprinting requirements.

11

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

13         redesignation of s. 402.305(1) as s. 402.305(2)

14         by s. 2, ch. 91-300, Laws of Florida.

15

16         Section 225.  Paragraph (d) of subsection (3) and

17  paragraph (d) of subsection (4) of section 402.308, Florida

18  Statutes, are amended to read:

19         402.308  Issuance of license.--

20         (3)  STATE ADMINISTRATION OF LICENSING.--In any county

21  in which the department has the authority to issue licenses,

22  the following procedures shall be applied:

23         (d)  The department shall issue or renew a license upon

24  receipt of the license fee and upon being satisfied that all

25  standards required by ss. 402.301-402.319 have been met.  A

26  license may be issued if all the screening materials have been

27  timely submitted; however, a license may not be issued or

28  renewed if any of the child care personnel at the applicant

29  facility have failed the screening required by ss. 402.305(2)

30  402.305(1) and 402.3055.

31


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                                         HB 1039, Second Engrossed



  1         (4)  LOCAL ADMINISTRATION OF LICENSING.--In any county

  2  in which there is a local licensing agency approved by the

  3  department, the following procedures shall apply:

  4         (d)  The local licensing agency shall issue a license

  5  or renew a license upon being satisfied that all standards

  6  required by ss. 402.301-402.319 have been met.  A license may

  7  be issued or renewed if all the screening materials have been

  8  timely submitted; however, the local licensing agency shall

  9  not issue or renew a license if any of the child care

10  personnel at the applicant facility have failed the screening

11  required by ss. 402.305(2) 402.305(1) and 402.3055.

12

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

14         redesignation of s. 402.305(1) as s. 402.305(2)

15         by s. 2, ch. 91-300, Laws of Florida.

16

17         Section 226.  Section 402.3115, Florida Statutes, 1998

18  Supplement, is amended to read:

19         402.3115  Elimination of duplicative and unnecessary

20  inspections; abbreviated inspections.--The Department of

21  Health and Rehabilitative Services and local governmental

22  agencies that license child care facilities shall develop and

23  implement a plan to eliminate duplicative and unnecessary

24  inspections of child care facilities. In addition, the

25  department and the local governmental agencies shall develop

26  and implement an abbreviated inspection plan for child care

27  facilities that have had no Class 1 or Class 2 deficiencies,

28  as defined by rule, for at least 2 consecutive years. The

29  abbreviated inspection must include those elements identified

30  by the department and the local governmental agencies as being

31  key indicators of whether the child care facility continues to


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                                         HB 1039, Second Engrossed



  1  provide quality care and programming. The department and local

  2  governmental agencies shall conduct the first meeting not

  3  later than August 15, 1996, and shall jointly share

  4  administrative responsibilities. The department and local

  5  governmental agencies shall report to the Legislature not

  6  later than January 15, 1997, regarding the status of

  7  implementing this section and any recommendations for

  8  statutory changes necessary to further reduce duplicative and

  9  unnecessary inspections and fully implement the plan for

10  abbreviated inspections.

11

12         Reviser's note.--Amended to delete provisions

13         that have served their purpose.

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