House Bill 1041

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    Florida House of Representatives - 1999                HB 1041

        By the Committee on Rules & Calendar and Representative
    Arnall





  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 403.086, 403.0872, 403.08851,

  4         403.703, 403.705, 403.706, 403.708, 403.715,

  5         403.718, 403.7199, 403.726, 403.788, 403.9415,

  6         404.056, 408.05, 408.061, 408.062, 408.08,

  7         408.7042, 408.904, 409.145, 409.1685, 409.1757,

  8         409.2355, 409.2564, 409.2576, 409.821, 409.905,

  9         409.908, 409.910, 409.9116, 409.912, 411.202,

10         411.222, 411.232, 411.242, 414.065, 414.105,

11         415.102, 415.1055, 415.107, 419.001, 420.0004,

12         420.507, 420.525, 420.9072, 421.10, 421.33,

13         430.502, 435.03, 435.04, 440.02, 440.021,

14         440.14, 440.15, 440.185, 440.25, 440.38,

15         440.385, 440.49, 440.51, 442.20, 443.036,

16         443.041, 443.111, 443.141, 443.151, 443.171,

17         443.191, 446.22, 446.25, 455.01, 455.5651,

18         455.5653, 455.5654, 455.607, 455.621, 455.667,

19         458.311, 458.320, 459.0085, 459.018, 462.14,

20         466.014, 468.1655, 468.1695, 468.307, 468.505,

21         468.605, 469.005, 471.045, 473.302, 479.01,

22         481.222, 483.23, 483.825, 487.048, 489.103,

23         489.1136, 489.131, 489.133, 489.140, 489.141,

24         489.519, 489.531, 494.00421, 497.255, 500.03,

25         501.022, 501.0575, 501.608, 509.032, 509.302,

26         514.031, 517.021, 517.12, 550.1625, 550.2625,

27         550.375, 553.06, 553.141, 553.503, 553.506,

28         553.512, 553.73, 553.74, 559.807, 560.129,

29         561.1105, 561.20, 578.28, 585.74, 585.91,

30         589.101, 590.11, 593.111, 601.04, 601.155,

31         608.402, and 616.242, Florida Statutes; and

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  1         reenacting ss. 415.1102, 440.191(1), and

  2         483.811(6), Florida Statutes, pursuant to s.

  3         11.242, Florida Statutes; deleting provisions

  4         which have expired, have become obsolete, have

  5         had their effect, have served their purpose, or

  6         have been impliedly repealed or superseded;

  7         replacing incorrect cross-references and

  8         citations; correcting grammatical,

  9         typographical, and like errors; removing

10         inconsistencies, redundancies, and unnecessary

11         repetition in the statutes; improving the

12         clarity of the statutes and facilitating their

13         correct interpretation; and confirming the

14         restoration of provisions unintentionally

15         omitted from republication in the acts of the

16         Legislature during the amendatory process.

17

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

19

20         Section 1.  Subsection (6) of section 403.086, Florida

21  Statutes, is amended to read:

22         403.086  Sewage disposal facilities; advanced and

23  secondary waste treatment.--

24         (6)  As of July 10, 1987, any facility covered in

25  paragraph (1)(c) shall be permitted to discharge if it meets

26  the standards set forth in subsections (4) and (5). Facilities

27  that do not meet the standards in subsections (4) and (5) as

28  of July 10, 1987, may be permitted to discharge under existing

29  law until October 1, 1990. On and after October 1, 1990, all

30  of the facilities covered in paragraph (1)(c) shall be

31

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  1  required to meet the standards set forth in subsections (4)

  2  and (5).

  3

  4         Reviser's note.--Amended to delete obsolete

  5         language.

  6

  7         Section 2.  Paragraph (a) of subsection (11) of section

  8  403.0872, Florida Statutes, is amended to read:

  9         403.0872  Operation permits for major sources of air

10  pollution; annual operation license fee.--Provided that

11  program approval pursuant to 42 U.S.C. s. 7661a has been

12  received from the United States Environmental Protection

13  Agency, beginning January 2, 1995, each major source of air

14  pollution, including electrical power plants certified under

15  s. 403.511, must obtain from the department an operation

16  permit for a major source of air pollution under this section,

17  which is the only department operation permit for a major

18  source of air pollution required for such source. Operation

19  permits for major sources of air pollution, except general

20  permits issued pursuant to s. 403.814, must be issued in

21  accordance with the following procedures and in accordance

22  with chapter 120; however, to the extent that chapter 120 is

23  inconsistent with the provisions of this section, the

24  procedures contained in this section prevail:

25         (11)  Commencing in 1993, each major source of air

26  pollution permitted to operate in this state must pay between

27  January 15 and March 1 of each year, upon written notice from

28  the department, an annual operation license fee in an amount

29  determined by department rule. The annual operation license

30  fee shall be terminated immediately in the event the United

31  States Environmental Protection Agency imposes annual fees

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  1  solely to implement and administer the major source

  2  air-operation permit program in Florida under 40 C.F.R. s.

  3  70.10(d).

  4         (a)  The annual fee must be assessed based upon the

  5  source's previous year's emissions and must be calculated by

  6  multiplying the applicable annual operation license fee factor

  7  times the tons of each regulated air pollutant (except carbon

  8  monoxide) allowed to be emitted per hour by specific condition

  9  of the source's most recent construction or operation permit,

10  times the annual hours of operation allowed by permit

11  condition; provided, however, that:

12         1.  For 1993 and 1994, the license fee factor is $10.

13  For 1995, the license fee factor is $25. In succeeding years,

14  The license fee factor is $25 or another amount determined by

15  department rule which ensures that the revenue provided by

16  each year's operation license fees is sufficient to cover all

17  reasonable direct and indirect costs of the major stationary

18  source air-operation permit program established by this

19  section. The license fee factor may be increased beyond $25

20  only if the secretary of the department affirmatively finds

21  that a shortage of revenue for support of the major stationary

22  source air-operation permit program will occur in the absence

23  of a fee factor adjustment. The annual license fee factor may

24  never exceed $35. The department shall retain a nationally

25  recognized accounting firm to conduct a study to determine the

26  reasonable revenue requirements necessary to support the

27  development and administration of the major source

28  air-operation permit program as prescribed in paragraph (b).

29  The results of that determination must be considered in

30  assessing whether a $25-per-ton fee factor is sufficient to

31  adequately fund the major source air-operation permit program.

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  1  The results of the study must be presented to the Governor,

  2  the President of the Senate, the Speaker of the House of

  3  Representatives, and the Public Service Commission, including

  4  the Public Counsel's Office, by no later than October 31,

  5  1994.

  6         2.  For any source that operates for fewer hours during

  7  the calendar year than allowed under its permit, the annual

  8  fee calculation must be based upon actual hours of operation

  9  rather than allowable hours if the owner or operator of the

10  source documents the source's actual hours of operation for

11  the calendar year. For any source that has an emissions limit

12  that is dependent upon the type of fuel burned, the annual fee

13  calculation must be based on the emissions limit applicable

14  during actual hours of operation.

15         3.  For any source whose allowable emission limitation

16  is specified by permit per units of material input or heat

17  input or product output, the applicable input or production

18  amount may be used to calculate the allowable emissions if the

19  owner or operator of the source documents the actual input or

20  production amount. If the input or production amount is not

21  documented, the maximum allowable input or production amount

22  specified in the permit must be used to calculate the

23  allowable emissions.

24         4.  For any new source that does not receive its first

25  operation permit until after the beginning of a calendar year,

26  the annual fee for the year must be reduced pro rata to

27  reflect the period during which the source was not allowed to

28  operate.

29         5.  For any source that emits less of any regulated air

30  pollutant than allowed by permit condition, the annual fee

31  calculation for such pollutant must be based upon actual

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  1  emissions rather than allowable emissions if the owner or

  2  operator documents the source's actual emissions by means of

  3  data from a department-approved certified continuous emissions

  4  monitor or from an emissions monitoring method which has been

  5  approved by the United States Environmental Protection Agency

  6  under the regulations implementing 42 U.S.C. ss. 7651 et seq.,

  7  or from a method approved by the department for purposes of

  8  this section.

  9         6.  The amount of each regulated air pollutant in

10  excess of 4,000 tons per year allowed to be emitted by any

11  source, or group of sources belonging to the same Major Group

12  as described in the Standard Industrial Classification Manual,

13  1987, may not be included in the calculation of the fee. Any

14  source, or group of sources, which does not emit any regulated

15  air pollutant in excess of 4,000 tons per year, is allowed a

16  one-time credit not to exceed 25 percent of the first annual

17  licensing fee for the prorated portion of existing

18  air-operation permit application fees remaining upon

19  commencement of the annual licensing fees.

20         7.  If the department has not received the fee by

21  February 15 of the calendar year, the permittee must be sent a

22  written warning of the consequences for failing to pay the fee

23  by March 1. If the fee is not postmarked by March 1 of the

24  calendar year, commencing with calendar year 1997, the

25  department shall impose, in addition to the fee, a penalty of

26  50 percent of the amount of the fee, plus interest on such

27  amount computed in accordance with s. 220.807. The department

28  may not impose such penalty or interest on any amount

29  underpaid, provided that the permittee has timely remitted

30  payment of at least 90 percent of the amount determined to be

31  due and remits full payment within 60 days after receipt of

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  1  notice of the amount underpaid.  The department may waive the

  2  collection of underpayment and shall not be required to refund

  3  overpayment of the fee, if the amount due is less than 1

  4  percent of the fee, up to $50. The department may revoke any

  5  major air pollution source operation permit if it finds that

  6  the permitholder has failed to timely pay any required annual

  7  operation license fee, penalty, or interest.

  8         8.  During the years 1993 through 1999, inclusive, no

  9  fee shall be required to be paid under this section with

10  respect to emissions from any unit which is an affected unit

11  under 42 U.S.C. s. 7651c.

12         9.  Notwithstanding the computational provisions of

13  this subsection, the annual operation license fee for any

14  source subject to this section shall not be less than $250,

15  except that the annual operation license fee for sources

16  permitted solely through general permits issued under s.

17  403.814 shall not exceed $50 per year.

18         10.  Notwithstanding the provisions of s.

19  403.087(6)(a)4.a., authorizing air pollution construction

20  permit fees, the department may not require such fees for

21  changes or additions to a major source of air pollution

22  permitted pursuant to this section, unless the activity

23  triggers permitting requirements under Title I, Part C or Part

24  D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.

25  Costs to issue and administer such permits shall be considered

26  direct and indirect costs of the major stationary source

27  air-operation permit program under s. 403.0873. The department

28  shall, however, require fees pursuant to the provisions of s.

29  403.087(6)(a)4.a. for the construction of a new major source

30  of air pollution that will be subject to the permitting

31  requirements of this section once constructed and for

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  1  activities triggering permitting requirements under Title I,

  2  Part C or Part D, of the federal Clean Air Act, 42 U.S.C. ss.

  3  7470-7514a.

  4

  5         Reviser's note.--Amended to delete language

  6         that has served its purpose.

  7

  8         Section 3.  Section 403.08851, Florida Statutes, is

  9  amended to read:

10         403.08851  Implementation.--The provisions of this act

11  shall be implemented upon approval by the United States

12  Environmental Protection Agency of the National Pollutant

13  Discharge Elimination System program of the state.  No state

14  permit shall be issued pursuant to the provisions of this act

15  before July 1, 1994.

16

17         Reviser's note.--Amended to delete obsolete

18         language relating to issuance of state permits

19         prior to July 1, 1994.

20

21         Section 4.  Paragraph (b) of subsection (17) of section

22  403.703, Florida Statutes, is amended to read:

23         403.703  Definitions.--As used in this act, unless the

24  context clearly indicates otherwise, the term:

25         (17)  "Construction and demolition debris" means

26  discarded materials generally considered to be not

27  water-soluble and nonhazardous in nature, including, but not

28  limited to, steel, glass, brick, concrete, asphalt roofing

29  material, pipe, gypsum wallboard, and lumber, from the

30  construction or destruction of a structure as part of a

31  construction or demolition project or from the renovation of a

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  1  structure, and including rocks, soils, tree remains, trees,

  2  and other vegetative matter that normally results from land

  3  clearing or land development operations for a construction

  4  project, including such debris from construction of structures

  5  at a site remote from the construction or demolition project

  6  site. Mixing of construction and demolition debris with other

  7  types of solid waste will cause it to be classified as other

  8  than construction and demolition debris. The term also

  9  includes:

10         (b)  Effective January 1, 1997, except as provided in

11  s. 403.707(12)(j) 403.707(13)(j), unpainted, nontreated wood

12  scraps from facilities manufacturing materials used for

13  construction of structures or their components and unpainted,

14  nontreated wood pallets provided the wood scraps and pallets

15  are separated from other solid waste where generated and the

16  generator of such wood scraps or pallets implements reasonable

17  practices of the generating industry to minimize the

18  commingling of wood scraps or pallets with other solid waste;

19  and

20

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

22         redesignation of s. 403.707(13)(j) as s.

23         403.707(12)(j) necessitated by the repeal of

24         former s. 403.707(8) by s. 4, ch. 96-284, Laws

25         of Florida.

26

27         Section 5.  Paragraph (f) of subsection (3) of section

28  403.705, Florida Statutes, is amended to read:

29         403.705  State solid waste management program.--

30         (3)  The state solid waste management program shall

31  include, at a minimum:

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  1         (f)  Planning guidelines and technical assistance to

  2  counties and municipalities to develop and implement programs

  3  for alternative disposal or processing or recycling of the

  4  solid wastes prohibited from disposal in landfills under s.

  5  403.708(13) 403.708(15) and for special wastes.

  6

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

  8         redesignation of s. 403.708(15) as s.

  9         403.708(13) necessitated by the deletion of

10         former subsection (10) by s. 18, ch. 93-207,

11         Laws of Florida, and the further redesignation

12         of subunits necessitated by the deletion of

13         former subsection (3) by s. 1, ch. 97-23, Laws

14         of Florida.

15

16         Section 6.  Subsection (1) and paragraphs (a) and (b)

17  of subsection (4) of section 403.706, Florida Statutes, 1998

18  Supplement, are amended to read:

19         403.706  Local government solid waste

20  responsibilities.--

21         (1)  The governing body of a county has the

22  responsibility and power to provide for the operation of solid

23  waste disposal facilities to meet the needs of all

24  incorporated and unincorporated areas of the county.  Unless

25  otherwise approved by an interlocal agreement or special act,

26  municipalities may not operate solid waste disposal facilities

27  unless a municipality demonstrates by a preponderance of the

28  evidence that the use of a county designated facility, when

29  compared to alternatives proposed by the municipality, places

30  a significantly higher and disproportionate financial burden

31  on the citizens of the municipality when compared to the

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  1  financial burden placed on persons residing within the county

  2  but outside of the municipality. However, a municipality may

  3  construct and operate a resource recovery facility and related

  4  onsite solid waste disposal facilities without an interlocal

  5  agreement with the county if the municipality can demonstrate

  6  by a preponderance of the evidence that the operation of such

  7  facility will not significantly impair financial commitments

  8  made by the county with respect to solid waste management

  9  services and facilities or result in significantly increased

10  solid waste management costs to the remaining persons residing

11  within the county but not served by the municipality's

12  facility.  This section shall not prevent a municipality from

13  continuing to operate or use an existing disposal facility

14  permitted on or prior to October 1, 1988.  Any municipality

15  which establishes a solid waste disposal facility under this

16  subsection and subsequently abandons such facility shall be

17  responsible for the payment of any capital expansion necessary

18  to accommodate the municipality's solid waste for the

19  remaining projected useful life of the county disposal

20  facility. Pursuant to this section and notwithstanding any

21  other provision of this chapter, counties shall have the power

22  and authority to adopt ordinances governing the disposal of

23  solid waste generated outside of the county at the county's

24  solid waste disposal facility.  In accordance with this

25  section, municipalities are responsible for collecting and

26  transporting solid waste from their jurisdictions to a solid

27  waste disposal facility operated by a county or operated under

28  a contract with a county.  Counties may charge reasonable fees

29  for the handling and disposal of solid waste at their

30  facilities.  The fees charged to municipalities at a solid

31  waste management facility specified by the county shall not be

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  1  greater than the fees charged to other users of the facility

  2  except as provided in s. 403.7049(5) 403.7049(4).  Solid waste

  3  management fees collected on a countywide basis shall be used

  4  to fund solid waste management services provided countywide.

  5         (4)(a)  A county's solid waste management and recycling

  6  programs shall be designed to provide for sufficient reduction

  7  of the amount of solid waste generated within the county and

  8  the municipalities within its boundaries in order to meet

  9  goals for the reduction of municipal solid waste prior to the

10  final disposal or the incineration of such waste at a solid

11  waste disposal facility. The goals shall provide, at a

12  minimum, that the amount of municipal solid waste that would

13  be disposed of within the county and the municipalities within

14  its boundaries is reduced by at least 30 percent by the end of

15  1994. In determining whether the municipal solid waste

16  reduction goal established by this subsection has been

17  achieved, no more than one-half of the goal may be met with

18  yard trash, white goods, construction and demolition debris,

19  and tires that are removed from the total amount of municipal

20  solid waste. However, if a county that is a special district

21  created by chapter 67-764, Laws of Florida, demonstrates that

22  yard trash, construction and demolition debris, white goods,

23  and waste tires comprise more than 50 percent of the municipal

24  solid waste generated in the county and municipalities within

25  its boundaries, the county may meet the reduction goal

26  established by this subsection by reducing the Class I

27  municipal solid waste generated in the county and

28  municipalities within its boundaries at a rate equal to the

29  average rate Class I municipal solid waste is reduced in the

30  20 most populous counties, as determined by the department for

31  the previous reporting period. As used in this subsection,

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  1  "Class I municipal solid waste" means municipal solid waste

  2  other than yard trash, construction and demolition debris,

  3  white goods, and waste tires.

  4         (b)  Notwithstanding the limitation on the waste

  5  reduction goal in paragraph (a), a county may receive credit

  6  for one-half of the goal for waste reduction from one or a

  7  combination of the following:

  8         1.  The use of pelletized paper waste as a supplemental

  9  fuel in permitted boilers other than waste-to-energy

10  facilities.

11         2.  The use of yard trash, or other clean wood waste or

12  paper waste, in innovative programs including, but not limited

13  to, programs that produce alternative clean-burning fuels such

14  as ethanol or that provide for the conversion of yard trash or

15  other clean wood waste or paper waste to clean-burning fuel

16  for the production of energy for use at facilities other than

17  a waste-to-energy facility as defined in s. 403.7061 403.7895.

18  The provisions of this subparagraph only apply if a county can

19  demonstrate that:

20         a.  The county has implemented a yard trash mulching or

21  composting program, and

22         b.  As part of the program, compost and mulch made from

23  yard trash is available to the general public and in use at

24  county-owned or maintained and municipally owned or maintained

25  facilities in the county and state agencies operating in the

26  county as required by this section.

27

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

29         conform to the redesignation of s. 403.7049(4)

30         as s. 403.7049(5) necessitated by the addition

31         of a new subsection (4) by s. 13, ch. 93-207,

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  1         Laws of Florida.  Paragraph (4)(a) is amended

  2         to delete obsolete language relating to goals

  3         established for the reduction of the amount

  4         municipal solid waste disposed of within a

  5         county and the municipalities within the county

  6         by the end of 1994.  Paragraph (4)(b) is

  7         amended to correct an apparent error and

  8         facilitate correct interpretation.  The

  9         reference to s. 403.7061 was originally cited

10         as "section 57 of this act" by s. 15 of C.S.

11         for H.B. 461, 1993, which became ch. 93-207.

12         Section 57 became s. 403.7895.  Section

13         403.7061 was in s. 57 of the bill as it

14         appeared in a House amendment; a section of

15         that amendment was subsequently deleted without

16         updating the reference to conform.

17

18         Section 7.  Subsections (3), (4), (5), and (6) of

19  section 403.708, Florida Statutes, are amended to read:

20         403.708  Prohibition; penalty.--

21         (3)  For purposes of subsections (2), (9), and (10)

22  (3), (10), and (11):

23         (a)  "Degradable," with respect to any material, means

24  that such material, after being discarded, is capable of

25  decomposing to components other than heavy metals or other

26  toxic substances, after exposure to bacteria, light, or

27  outdoor elements.

28         (b)  "Beverage" means soda water, carbonated natural or

29  mineral water, or other nonalcoholic carbonated drinks; soft

30  drinks, whether or not carbonated; beer, ale, or other malt

31

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  1  drink of whatever alcoholic content; or a mixed wine drink or

  2  a mixed spirit drink.

  3         (c)  "Beverage container" means an airtight container

  4  which at the time of sale contains 1 gallon or less of a

  5  beverage, or the metric equivalent of 1 gallon or less, and

  6  which is composed of metal, plastic, or glass or a combination

  7  thereof.

  8         (4)  The Division of Alcoholic Beverages and Tobacco of

  9  the Department of Business and Professional Regulation may

10  impose a fine of not more than $100 on any person currently

11  licensed pursuant to s. 561.14 for each violation of the

12  provisions of subsection (2) or subsection (3). If the

13  violation is of a continuing nature, each day during which

14  such violation occurs shall constitute a separate and distinct

15  offense and shall be subject to a separate fine.

16         (5)  The Department of Agriculture and Consumer

17  Services may impose a fine of not more than $100 on any person

18  not currently licensed pursuant to s. 561.14 for each

19  violation of the provisions of subsection (2) or subsection

20  (3).  If the violation is of a continuing nature, each day

21  during which such violation occurs shall constitute a separate

22  and distinct offense and shall be subject to a separate fine.

23         (6)  Fifty percent of each fine collected pursuant to

24  subsections (4) and (5) (5) and (6) shall be deposited into

25  the Solid Waste Management Trust Fund. The balance of fines

26  collected pursuant to subsection (4)(5) shall be deposited

27  into the Alcoholic Beverage and Tobacco Trust Fund for the use

28  of the division for inspection and enforcement of the

29  provisions of this section. The balance of fines collected

30  pursuant to subsection (5)(6) shall be deposited into the

31  General Inspection Trust Fund for the use of the Department of

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  1  Agriculture and Consumer Services for inspection and

  2  enforcement of the provisions of this section.

  3

  4         Reviser's note.--Subsection (3) is amended to

  5         conform to the repeal of former subsection (3)

  6         of s. 403.708 by s. 1, ch. 97-23, Laws of

  7         Florida, and to conform to the redesignation of

  8         subsections (10) and (11) as subsections (9)

  9         and (10) necessitated by the repeal of former

10         subsection (3).  Subsections (4) and (5) are

11         amended to conform to the repeal of former

12         subsection (3).  Subsection (6) is amended to

13         conform to the redesignation of subsections (5)

14         and (6) as subsections (4) and (5),

15         respectively, to conform to the repeal of

16         former subsection (3).

17

18         Section 8.  Section 403.715, Florida Statutes, is

19  amended to read:

20         403.715  Certification of resource recovery or

21  recycling equipment.--For purposes of implementing the tax

22  exemption exemptions provided by s. 212.08(7)(p) 212.08(5)(e)

23  and (7)(p), the department shall establish a system for the

24  examination and certification of resource recovery or

25  recycling equipment. Application for certification of

26  equipment shall be submitted to the department on forms

27  prescribed by it which include such pertinent information as

28  the department may require.  The department may require

29  appropriate certification by a certified public accountant or

30  professional engineer that the equipment for which these

31  exemptions are being sought complies with the exemption

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  1  criterion criteria set forth in s. 212.08(7)(p) 212.08(5)(e)

  2  and (7)(p). Within 30 days after receipt of an application by

  3  the department, a representative of the department may inspect

  4  the equipment. Within 30 days after such inspection, the

  5  department shall issue a written decision granting or denying

  6  certification.

  7

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

  9         repeal of former s. 212.08(5)(e) by s. 10, ch.

10         92-173, Laws of Florida, and to improve

11         clarity.

12

13         Section 9.  Subsection (1) of section 403.718, Florida

14  Statutes, is amended to read:

15         403.718  Waste tire fees.--

16         (1)  For the privilege of engaging in business, a fee

17  for each new motor vehicle tire sold at retail is imposed on

18  any person engaging in the business of making retail sales of

19  new motor vehicle tires within this state. For the period

20  January 1, 1989, through December 31, 1989, such fee shall be

21  imposed at the rate of 50 cents for each new tire sold.  The

22  fee imposed under this section shall be stated separately on

23  the invoice to the purchaser. Beginning January 1, 1990, and

24  thereafter, such fee shall be imposed at the rate of $1 for

25  each new tire sold.  The fee imposed shall be paid to the

26  Department of Revenue on or before the 20th day of the month

27  following the month in which the sale occurs. For purposes of

28  this section, a motor vehicle tire sold at retail includes

29  such tires when sold as a component part of a motor vehicle.

30  The terms "sold at retail" and "retail sales" do not include

31  the sale of new motor vehicle tires to a person solely for the

                                  17

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  1  purpose of resale provided the subsequent retail sale in this

  2  state is subject to the fee.  This fee does not apply to

  3  recapped tires.  Such fee shall be subject to all applicable

  4  taxes imposed in chapter 212.

  5

  6         Reviser's note.--Amended to delete language

  7         that has served its purpose.  The time period

  8         for imposition of the fee at the rate of 50

  9         cents for each tire sold ended December 1,

10         1989.

11

12         Section 10.  Subsection (3) of section 403.7199,

13  Florida Statutes, is amended to read:

14         403.7199  Florida Packaging Council.--

15         (3)  On December 1, 1993, and annually thereafter, the

16  council shall issue a summary to the Governor, the President

17  of the Senate, and the Speaker of the House of

18  Representatives, which summary must contain reports on the

19  aluminum, steel, or other metals, paper, glass, plastic, and

20  plastic-coated paper packaging materials.  The summary shall

21  include information for each type of plastic resin identified

22  in s. 403.708(8) s. 403.708(9), and may contain information

23  for subclassifications of other packaging materials. The

24  reports must attempt to provide specific recommendations and

25  proposed legislation to develop a comprehensive package

26  reduction and market development program, and must contain the

27  following information for each type of packaging material:

28         (a)  A comparison of the recovery rate in this state to

29  the national recovery rate, and an explanation of any

30  variance.

31

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  1         (b)  A comparison of the recycled content of packaging

  2  in this state to the national recycled content of packaging,

  3  and an explanation of any variance.

  4         (c)  A comparison of the source reduction of packaging

  5  manufactured from that material in this state to the source

  6  reduction of packages manufactured nationally, and an

  7  explanation of any variance.

  8

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

10         redesignation of s. 403.708(9) as s. 403.708(8)

11         necessitated by the repeal of former s.

12         403.708(3) by s. 1, ch. 97-23, Laws of Florida.

13

14         Section 11.  Subsection (4) of section 403.726, Florida

15  Statutes, is amended to read:

16         403.726  Abatement of imminent hazard caused by

17  hazardous substance.--

18         (4)  The department may implement the provisions of

19  chapter 386 and ss. 387.08 and 387.10 in its own name whenever

20  a hazardous substance is being generated, transported,

21  disposed of, stored, or treated in violation of those

22  provisions of law.

23

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

25         repeal of ss. 387.08 and 387.10 by s. 125, ch.

26         97-237, Laws of Florida.

27

28         Section 12.  Subsection (1) of section 403.788, Florida

29  Statutes, is amended to read:

30         403.788  Final disposition of application.--

31

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  1         (1)  For the purposes of issuing a final order, the

  2  board shall serve as the agency head.  Within 45 days after

  3  receipt of the administrative law judge's recommended order,

  4  the board shall issue a final order as provided by s.

  5  120.57(1)(l) 120.57(1)(j), approving the application in whole,

  6  approving the application with such modifications or

  7  conditions as the board deems appropriate, or denying the

  8  issuance of a certification and stating the reasons for

  9  issuance or denial.

10

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

12         redesignation of s. 120.57(1)(j) as s.

13         120.57(1)(l) by s. 5, ch. 98-200, Laws of

14         Florida.

15

16         Section 13.  Subsection (4) of section 403.9415,

17  Florida Statutes, is amended to read:

18         403.9415  Final disposition of application.--

19         (4)  In determining whether an application should be

20  approved in whole, approved with modifications or conditions,

21  or denied, the board shall consider whether, and the extent to

22  which, the location of the natural gas transmission pipeline

23  corridor and the construction and maintenance of the natural

24  gas transmission pipeline will effect a reasonable balance

25  between the need for the natural gas transmission pipeline as

26  a means of providing natural gas energy and the impact upon

27  the public and the environment resulting from the location of

28  the natural gas transmission pipeline corridor and the

29  construction, operation, and maintenance of the natural gas

30  transmission pipeline.  In effecting this balance, the board

31  shall consider, based on all relevant, competent and

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  1  substantial evidence in the record, subject to s. 120.57(1)(l)

  2  120.57(1)(j), whether and the extent to which the project

  3  will:

  4         (a)  Ensure natural gas delivery reliability and

  5  integrity;

  6         (b)  Meet the natural gas energy needs of the state in

  7  an orderly and timely fashion;

  8         (c)  Comply with the nonprocedural requirements of

  9  agencies;

10         (d)  Adversely affect historical sites and the natural

11  environment;

12         (e)  Adversely affect the health, safety, and welfare

13  of the residents of the affected local government

14  jurisdictions;

15         (f)  Be consistent with applicable local government

16  comprehensive plans and land development regulations; and

17         (g)  Avoid densely populated areas to the maximum

18  extent feasible.  If densely populated areas cannot be

19  avoided, locate, to the maximum extent feasible, within

20  existing utility corridors or rights-of-way.

21

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

23         redesignation of s. 120.57(1)(j) as s.

24         120.57(1)(l) by s. 5, ch. 98-200, Laws of

25         Florida.

26

27         Section 14.  Paragraph (c) of subsection (2), paragraph

28  (f) of subsection (3), and subsections (4) and (5) of section

29  404.056, Florida Statutes, 1998 Supplement, are amended to

30  read:

31

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  1         404.056  Environmental radiation standards and

  2  programs; radon protection.--

  3         (2)  FLORIDA COORDINATING COUNCIL ON RADON

  4  PROTECTION.--

  5         (c)  Organization.--The council shall be chaired by the

  6  Secretary of Community Affairs or his or her authorized

  7  designee. A majority of the membership of the council shall

  8  constitute a quorum for the conduct of business.  The chair

  9  shall be responsible for recording and distributing to the

10  members a summary of the proceedings of all council meetings.

11  The council shall meet within 90 days after the effective date

12  of this act for the purpose of organizing, and at least

13  semiannually or more frequently as needed. Members of the

14  council shall not receive compensation for their services, but

15  shall be entitled to reimbursement for necessary travel

16  expenses, pursuant to s. 112.061, from the funds derived from

17  surcharges collected pursuant to s. 553.721 subsection (4).

18  The establishment of the council shall not impede the

19  initiation of building code research and development.

20         (3)  CERTIFICATION.--

21         (f)  The department is authorized to charge and collect

22  nonrefundable fees for the certification and annual

23  recertification of persons who perform radon gas or radon

24  progeny measurements or who perform mitigation of buildings

25  for radon gas or radon progeny. The amount of the initial

26  application fee and certification shall be not less than $200

27  or more than $900.  The amount of the annual recertification

28  fee shall be not less than $200 or more than $900. Effective

29  July 1, 1988, the fee amounts shall be the minimum fee

30  prescribed in this paragraph, and such fee amounts shall

31  remain in effect until the effective date of a fee schedule

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  1  promulgated by rule by the department.  The fees collected

  2  shall be deposited in the Radiation Protection Trust Fund and

  3  shall be used only to implement the provisions of this

  4  section.  The surcharge established pursuant to s. 553.721

  5  subsection (3) may be used to supplement the fees established

  6  in this paragraph in carrying out the provisions of this

  7  subsection.

  8         (4)  PUBLIC INFORMATION.--The department shall initiate

  9  and administer a program designed to educate and inform the

10  public concerning radon gas and radon progeny, which program

11  shall include, but not be limited to, the origin and health

12  effects of radon, how to measure radon, and construction and

13  mitigation techniques to reduce exposure to radon.  The

14  surcharge established pursuant to s. 553.721 subsection (4)

15  may be used to supplement the fees established in paragraph

16  (3)(f)(5)(e) in carrying out the provisions of this

17  subsection.

18         (5)  MANDATORY TESTING.--All public and private school

19  buildings or school sites housing students in kindergarten

20  through grade 12; all state-owned, state-operated,

21  state-regulated, or state-licensed 24-hour care facilities;

22  and all state-licensed day care centers for children or minors

23  shall be measured to determine the level of indoor radon,

24  using measurement procedures established by the department.

25  Initial measurements shall be completed and reported to the

26  department by July 1, 1990, and repeated measurements shall be

27  performed and reported to the department at 5-year intervals.

28  Test results, prior to the effective date of this act, may be

29  accepted by the department as long as the tests conducted meet

30  the standards for testing promulgated by the department, and

31  the school or care facility certifies this in writing to the

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  1  department.  The provisions of paragraph (3)(c) as to

  2  confidentiality shall not apply to this subsection.  No funds

  3  collected pursuant to s. 553.721 subsection (4) shall be used

  4  to carry out the provisions of this subsection.

  5

  6         Reviser's note.--Paragraph (2)(c), subsection

  7         (4), and subsection (5) are amended to conform

  8         to the redesignation of subsection (4) of s.

  9         404.056 as subsection (3) necessitated by the

10         repeal of former subsection (2) by s. 28, ch.

11         92-173, Laws of Florida, and the subsequent

12         transfer of subsection (3) to s. 553.721 by s.

13         1, ch. 95-339, Laws of Florida.  Paragraph

14         (3)(f) is amended to conform to the transfer of

15         subsection (3) to s. 553.721 by s. 1, ch.

16         95-339.  Subsection (4) is also amended to

17         conform to the redesignation of paragraph

18         (5)(e) as paragraph (3)(f) necessitated by the

19         repeal of former subsection (2) by s. 28, ch.

20         92-173, the subsequent transfer of former

21         subsection (3) to s. 553.721 by s. 1, ch.

22         95-339, and the insertion of a new paragraph

23         (3)(e) in s. 404.056 by s. 57, ch. 97-237.

24         Subsection (5) is also amended to delete

25         obsolete language referencing confidentiality

26         no longer in the cited provision.

27

28         Section 15.  Paragraph (d) of subsection (5) and

29  subsection (9) of section 408.05, Florida Statutes, 1998

30  Supplement, are amended to read:

31         408.05  State Center for Health Statistics.--

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  1         (5)  PUBLICATIONS; REPORTS; SPECIAL STUDIES.--The

  2  center shall provide for the widespread dissemination of data

  3  which it collects and analyzes.  The center shall have the

  4  following publication, reporting, and special study functions:

  5         (d)  The agency shall prepare and furnish a status

  6  report on the establishment of the center by April 1, 1993, to

  7  the Governor, the President of the Senate, and the Speaker of

  8  the House of Representatives.  The report shall include an

  9  inventory of health data available in this state,

10  implementation plans and progress made in implementing the

11  functions assigned to the center, and recommendations for

12  further legislation or resources needed to fulfill legislative

13  intent with regard to the center, particularly with regard to

14  establishing a statewide comprehensive health information

15  system. The center shall thereafter be responsible for

16  publishing and disseminating an annual report on the center's

17  activities.

18         (9)  Nothing in this section shall limit, restrict,

19  affect, or control the collection, analysis, release, or

20  publication of data pursuant to the Health Care Cost

21  Containment Act of 1988 or by any state agency pursuant to its

22  statutory authority, duties, or responsibilities.

23

24         Reviser's note.--Paragraph (5)(d) is amended to

25         delete an obsolete provision.  Subsection (9)

26         is amended to conform to the repeal of statutes

27         constituting the Health Care Cost Containment

28         Act of 1988 by s. 82, ch. 92-33, Laws of

29         Florida.

30

31

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  1         Section 16.  Subsection (9) of section 408.061, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         408.061  Data collection; uniform systems of financial

  4  reporting; information relating to physician charges;

  5  confidentiality of patient records; immunity.--

  6         (9)  The identity of any health care provider, health

  7  care facility, or health insurer who submits any data which is

  8  proprietary business information to the agency pursuant to the

  9  provisions of this section shall remain confidential and

10  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

11  I of the State Constitution.  As used in this section,

12  "proprietary business information" shall include, but not be

13  limited to, information relating to specific provider contract

14  reimbursement information; information relating to security

15  measures, systems, or procedures; and information concerning

16  bids or other contractual data, the disclosure of which would

17  impair efforts to contract for goods or services on favorable

18  terms or would injure the affected entity's ability to compete

19  in the marketplace. Notwithstanding the provisions of this

20  subsection, any information obtained or generated pursuant to

21  the provisions of former s. 407.61, either by the former

22  Health Care Cost Containment Board or by the Agency for Health

23  Care Administration upon transfer to that agency of the duties

24  and functions of the former Health Care Cost Containment

25  Board, is not confidential and exempt from the provisions of

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

27  Such proprietary business information may be used in published

28  analyses and reports or otherwise made available for public

29  disclosure in such manner as to preserve the confidentiality

30  of the identity of the provider. This exemption shall not

31  limit the use of any information used in conjunction with

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  1  investigation or enforcement purposes under the provisions of

  2  s. 455.621.

  3

  4         Reviser's note.--Subsection (9) is amended to

  5         improve clarity and facilitate correct

  6         interpretation.  Section 407.61 was repealed by

  7         s. 19, ch. 98-89, Laws of Florida.  The Health

  8         Care Cost Containment Board was abolished by

  9         ss. 82 and 83, ch. 92-33, Laws of Florida.

10

11         Section 17.  Paragraph (g) of subsection (1) of section

12  408.062, Florida Statutes, 1998 Supplement, is amended to

13  read:

14         408.062  Research, analyses, studies, and reports.--

15         (1)  The agency shall have the authority to conduct

16  research, analyses, and studies relating to health care costs

17  and access to and quality of health care services as access

18  and quality are affected by changes in health care costs.

19  Such research, analyses, and studies shall include, but not be

20  limited to, research and analysis relating to:

21         (g)  The development of an alternative uniform system

22  of financial reporting of gross revenues per adjusted

23  admission, based on the American Institute of Certified Public

24  Accounts' Hospital Audit and Accounting Guide, which also

25  measures the services provided by a hospital to charity,

26  medically indigent, and other underinsured patients.

27  Recommendations for the development of an alternative uniform

28  system of financial reporting shall be submitted to the

29  Legislature by July 1, 1993.

30

31

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  1         Reviser's note.--Amended to delete language

  2         that has served its purpose.

  3

  4         Section 18.  Subsection (2) of section 408.08, Florida

  5  Statutes, 1998 Supplement, is amended to read:

  6         408.08  Inspections and audits; violations; penalties;

  7  fines; enforcement.--

  8         (2)  Any health care facility that refuses to file a

  9  report, fails to timely file a report, files a false report,

10  or files an incomplete report and upon notification fails to

11  timely file a complete report required under s. 408.061; that

12  violates this section, s. 408.061, or s. 408.20, or rule

13  adopted thereunder; or that fails to provide documents or

14  records requested by the agency under this chapter shall be

15  punished by a fine not exceeding $1,000 per day for each day

16  in violation, to be imposed and collected by the agency.

17  Pursuant to rules adopted by the agency, the agency may, upon

18  a showing of good cause, grant a one-time extension of any

19  deadline for a health care facility to timely file a report as

20  required by this section, s. 408.061, s. 408.072, or s.

21  408.20.

22

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

24         repeal of s. 408.072 by s. 19, ch. 98-89, Laws

25         of Florida.

26

27         Section 19.  Subsection (2) of section 408.7042,

28  Florida Statutes, is amended to read:

29         408.7042  Purchasing health care for state employees

30  and Medicaid recipients through community health purchasing

31  alliances.--

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  1         (2)  When purchasing health care for Medicaid,

  2  MedAccess, and Medicaid buy-in recipients through community

  3  health purchasing alliances, the agency shall ensure that the

  4  claims experiences, rates, and charges for such recipients are

  5  not commingled with those of other alliance members.  However,

  6  the claims experiences, rates, and charges for Medicaid

  7  recipients, participants in the MedAccess program, and

  8  participants in the Medicaid buy-in program shall not be

  9  commingled with those of other alliance members.  Prior to

10  providing medical benefits to Medicaid recipients through a

11  community health purchasing alliance, the agency shall seek

12  consultation with the Legislature pursuant to the provisions

13  of s. 216.177(2).  The state shall offer to all Medicaid,

14  MedAccess, and Medicaid buy-in recipients the opportunity to

15  select health plans from all accountable health partnerships,

16  including providers that have a Medicaid managed-care contract

17  or MediPass, that has been approved by the United States

18  Health Care Financing Administration, or from physicians and

19  facilities that participate in MediPass, in the district in

20  which the recipient lives.  For purposes of the purchase of

21  health care for such recipients, current Medicaid Medicard

22  providers, including providers participating in the MediPass

23  program and entities with Medicaid managed-care contracts are

24  accountable health partnerships.  An entity that provides

25  managed-care for Medicaid recipients pursuant to a contract

26  must obtain a certificate of authority from the agency.

27  Purchase of health care for Medicaid, MedAccess, and Medicaid

28  buy-in recipients by the agency through community health

29  purchasing alliances may not result in a reduction of benefits

30  or any increased costs for such recipients without prior

31  legislative approval.

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  1         Reviser's note.--Amended to provide consistent

  2         terminology and to conform to the context.

  3

  4         Section 20.  Paragraph (j) of subsection (2) of section

  5  408.904, Florida Statutes, is amended to read:

  6         408.904  Benefits.--

  7         (2)  Covered health services include:

  8         (j)  Outpatient mental health visits and substance

  9  abuse treatment.  Outpatient mental health visits provided by

10  community mental health centers as provided in chapter 394 and

11  by a mental health therapist licensed under chapter 490 or

12  chapter 491 and substance abuse treatment provided by a center

13  licensed under chapter 396 or chapter 397, up to a total of

14  five visits per calendar year per member.

15

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

17         repeal of chapter 396 by s. 48, ch. 93-39, Laws

18         of Florida.

19

20         Section 21.  Paragraph (c) of subsection (3) of section

21  409.145, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         409.145  Care of children.--

24         (3)

25         (c)1.  The department is authorized to provide the

26  services of the children's foster care program to an

27  individual who is enrolled full-time in a postsecondary

28  vocational-technical education program, full-time in a

29  community college program leading toward a vocational degree

30  or an associate degree, or full-time in a university or

31  college, if the following requirements are met:

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  1         a.  The individual was committed to the legal custody

  2  of the department for placement in foster care as a dependent

  3  child;

  4         b.  The permanency planning goal pursuant to part VII

  5  III of chapter 39 for the individual is long-term foster care

  6  or independent living;

  7         c.  The individual has been accepted for admittance to

  8  a postsecondary vocational-technical education program, to a

  9  community college, or to a university or college;

10         d.  All other resources have been thoroughly explored,

11  and it can be clearly established that there are no

12  alternative resources for placement; and

13         e.  A written service agreement which specifies

14  responsibilities and expectations for all parties involved has

15  been signed by a representative of the department, the

16  individual, and the foster parent or licensed child-caring

17  agency providing the placement resources, if the individual is

18  to continue living with the foster parent or placement

19  resource while attending a postsecondary vocational-technical

20  education program, community college, or university or

21  college.  An individual who is to be continued in or placed in

22  independent living shall continue to receive services

23  according to the independent living program and agreement of

24  responsibilities signed by the department and the individual.

25         2.  Any provision of this chapter or any other law to

26  the contrary notwithstanding, when an individual who meets the

27  requirements of subparagraph 1. is in attendance at a

28  community college, college, or university, the department may

29  make foster care payments to such community college, college,

30  or university in lieu of payment to the foster parents or

31  individual, for the purpose of room and board, if not

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  1  otherwise provided, but such payments shall not exceed the

  2  amount that would have been paid to the foster parents had the

  3  individual remained in the foster home.

  4         3.  The services of the foster care program shall

  5  continue only for an individual under this paragraph who is a

  6  full-time student but shall continue for not more than:

  7         a.  Two consecutive years for an individual in a

  8  postsecondary vocational-technical education program;

  9         b.  Two consecutive years or four semesters for an

10  individual enrolled in a community college unless the

11  individual is participating in college preparatory instruction

12  or is requiring additional time to complete the college-level

13  communication and computation skills testing program, in which

14  case such services shall continue for not more than 3

15  consecutive years or six semesters; or

16         c.  Four consecutive years, 8 semesters, or 12 quarters

17  for an individual enrolled in a college or university unless

18  the individual is participating in college-preparatory

19  instruction or is requiring additional time to complete the

20  college-level communication and computation skills testing

21  programs, in which case such services shall continue for not

22  more than 5 consecutive years, 10 semesters, or 15 quarters.

23         4.a.  As a condition for continued foster care

24  services, an individual shall have earned a grade point

25  average of at least 2.0 on a 4.0 scale for the previous term,

26  maintain at least an overall grade point average of 2.0 for

27  only the previous term, and be eligible for continued

28  enrollment in the institution.  If the postsecondary

29  vocational-technical school program does not operate on a

30  grade point average as described above, then the individual

31

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  1  shall maintain a standing equivalent to the 2.0 grade point

  2  average.

  3         b.  Services shall be terminated upon completion of,

  4  graduation from, or withdrawal or permanent expulsion from a

  5  postsecondary vocational-technical education program,

  6  community college, or university or college.  Services shall

  7  also be terminated for failure to maintain the required level

  8  of academic achievement.

  9

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

11         redesignation of parts necessitated by the

12         repeal or transfer of sections by ch. 98-403,

13         Laws of Florida.  Provisions relating to case

14         planning are in part VII.

15

16         Section 22.  Section 409.1685, Florida Statutes, 1998

17  Supplement, is amended to read:

18         409.1685  Children in foster care; annual report to

19  Legislature.--The Department of Children and Family Services

20  shall submit a written report to the substantive committees of

21  the Legislature concerning the status of children in foster

22  care and concerning the judicial review mandated by part VIII

23  III of chapter 39.  This report shall be submitted by March 1

24  of each year and shall include the following information for

25  the prior calendar year:

26         (1)  The number of 6-month and annual judicial reviews

27  completed during that period.

28         (2)  The number of children in foster care returned to

29  a parent, guardian, or relative as a result of a 6-month or

30  annual judicial review hearing during that period.

31

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  1         (3)  The number of termination of parental rights

  2  proceedings instituted during that period which shall include:

  3         (a)  The number of termination of parental rights

  4  proceedings initiated pursuant to s. 39.703 part III of

  5  chapter 39; and

  6         (b)  The total number of terminations of parental

  7  rights ordered.

  8         (4)  The number of foster care children placed for

  9  adoption during that period.

10

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

12         repeal or transfer of sections by ch. 98-403,

13         Laws of Florida.  Provisions relating to

14         judicial review are located in part VIII of

15         chapter 39, and provisions relating to

16         initiation of termination of parental rights

17         are located at s. 39.703.

18

19         Section 23.  Section 409.1757, Florida Statutes, is

20  amended to read:

21         409.1757  Persons not required to be refingerprinted or

22  rescreened.--Any provision of law to the contrary

23  notwithstanding, human resource personnel who have been

24  fingerprinted or screened pursuant to chapters 393, 394, 397,

25  402, and 409, and teachers who have been fingerprinted

26  pursuant to chapter 231, who have not been unemployed for more

27  than 90 days thereafter, and who under the penalty of perjury

28  attest to the completion of such fingerprinting or screening

29  and to compliance with the provisions of this section and the

30  standards for good moral character as contained in such

31  provisions as ss. 110.1127(3), 393.0655(1), 394.457(6),

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  1  397.451, 402.305(2) 402.305(1), and 409.175(4), shall not be

  2  required to be refingerprinted or rescreened in order to

  3  comply with any caretaker screening or fingerprinting

  4  requirements.

  5

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

  7         redesignation of s. 402.305(1) as s. 402.305(2)

  8         by s. 2, ch. 91-300, Laws of Florida.

  9

10         Section 24.  Section 409.2355, Florida Statutes, is

11  amended to read:

12         409.2355  Programs for prosecution of males over age 21

13  who commit certain offenses involving girls under age

14  16.--Subject to specific appropriated funds, the Department of

15  Children and Family Services is directed to establish a

16  program by which local communities, through the state

17  attorney's office of each judicial circuit, may apply for

18  grants to fund innovative programs for the prosecution of

19  males over the age of 21 who victimize girls under the age of

20  16 in violation of s. 794.011, s. 794.05, s. 800.04, or s.

21  827.04(3) 827.04(4).

22

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

24         redesignation of s. 827.04(4), as enacted by s.

25         2, ch. 96-215, Laws of Florida, as s. 827.04(3)

26         necessitated by the repeal and redesignation of

27         subunits by s. 10, ch. 96-322, Laws of Florida.

28

29         Section 25.  Subsection (11) of section 409.2564,

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

31         409.2564  Actions for support.--

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  1         (11)  For the purposes of denial, revocation, or

  2  limitation of an individual's United States Passport,

  3  consistent with 42 U.S.C. s. 652(k)(1) 42 U.S.C. s. 452(1)(k),

  4  the Title IV-D agency shall have procedures to certify to the

  5  Secretary of the United States Department of Health and Human

  6  Services, in the format and accompanied by such supporting

  7  documentation as the secretary may require, a determination

  8  that an individual owes arrearages of child support in an

  9  amount exceeding $5,000.  Said procedures shall provide that

10  the individual be given notice of the determination and of the

11  consequence thereof and that the individual shall be given an

12  opportunity to contest the accuracy of the determination.

13

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

15         facilitate correct interpretation.  Section 652

16         references the procedures whereby the Secretary

17         of Health and Human Services certifies child

18         support arrearage information to the Secretary

19         of State to be considered for purposes of

20         passport denial, revocation, or limitation.

21

22         Section 26.  Subsection (8) of section 409.2576,

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

24         409.2576  State Directory of New Hires; definitions;

25  furnishing reports and data; matches to state registry;

26  service of deduction notices; national registry; disclosure of

27  information; rulemaking authority.--

28         (8)  PROVIDING INFORMATION TO NATIONAL DIRECTORY.--Not

29  later than October 1, 1997, the State Directory of New Hires

30  must furnish information regarding newly hired or rehired

31  employees to the National Directory of New Hires for matching

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  1  with the records of other state case registries within 3

  2  business days of entering such information from the employer

  3  into the State Directory of New Hires.  The State Directory of

  4  New Hires shall enter into an agreement with the Florida

  5  Department of Labor and Employment Security for the quarterly

  6  reporting to the National Directory of New Hires information

  7  on wages and unemployment compensation taken from the

  8  quarterly report to the Secretary of Labor, now required by

  9  Title III of the Social Security Act, except that no report

10  shall be filed with respect to an employee of a state or local

11  agency performing intelligence or counterintelligence

12  functions, if the head of such agency has determined that

13  filing such a report could endanger the safety of the employee

14  or compromise an ongoing investigation or intelligence

15  intelligency mission.

16

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

18         facilitate correct interpretation.

19

20         Section 27.  Section 409.821, Florida Statutes, 1998

21  Supplement, is amended to read:

22         409.821  Sections 409.810-409.820; confidential

23  information.--Notwithstanding any other law to the contrary,

24  any information contained in an application for determination

25  of eligibility for the Florida Kidcare Kids Health program

26  which identifies applicants, including medical information and

27  family financial information, and any information obtained

28  through quality assurance activities and patient satisfaction

29  surveys which identifies program participants, obtained by the

30  Florida Kidcare Kids Health program under ss. 409.810-409.820,

31  is confidential and is exempt from s. 119.07(1) and s. 24(a),

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  1  Art. I of the State Constitution. Except as otherwise provided

  2  by law, program staff or staff or agents affiliated with the

  3  program may not release, without the written consent of the

  4  applicant or the parent or guardian of the applicant, to any

  5  state or federal agency, to any private business or person, or

  6  to any other entity, any confidential information received

  7  under ss. 409.810-409.820. This section is subject to the Open

  8  Government Sunset Review Act of 1995 in accordance with s.

  9  119.15, and shall stand repealed on October 2, 2003, unless

10  reviewed and saved from repeal through reenactment by the

11  Legislature.

12

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

14         creation of ss. 409.810-409.820, constituting

15         the Florida Kidcare program, by ss. 32-47, ch.

16         98-288, Laws of Florida.

17

18         Section 28.  Paragraph (b) of subsection (5) and

19  subsection (8) of section 409.905, Florida Statutes, 1998

20  Supplement, are amended to read:

21         409.905  Mandatory Medicaid services.--The agency may

22  make payments for the following services, which are required

23  of the state by Title XIX of the Social Security Act,

24  furnished by Medicaid providers to recipients who are

25  determined to be eligible on the dates on which the services

26  were provided.  Any service under this section shall be

27  provided only when medically necessary and in accordance with

28  state and federal law. Nothing in this section shall be

29  construed to prevent or limit the agency from adjusting fees,

30  reimbursement rates, lengths of stay, number of visits, number

31  of services, or any other adjustments necessary to comply with

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  1  the availability of moneys and any limitations or directions

  2  provided for in the General Appropriations Act or chapter 216.

  3         (5)  HOSPITAL INPATIENT SERVICES.--The agency shall pay

  4  for all covered services provided for the medical care and

  5  treatment of a recipient who is admitted as an inpatient by a

  6  licensed physician or dentist to a hospital licensed under

  7  part I of chapter 395.  However, the agency shall limit the

  8  payment for inpatient hospital services for a Medicaid

  9  recipient 21 years of age or older to 45 days or the number of

10  days necessary to comply with the General Appropriations Act.

11         (b)  A licensed hospital maintained primarily for the

12  care and treatment of patients having mental disorders or

13  mental diseases is not eligible to participate in the hospital

14  inpatient portion of the Medicaid program except as provided

15  in federal law.  However, the department shall apply for a

16  waiver, within 9 months after June 5, 1991, designed to

17  provide hospitalization services for mental health reasons to

18  children and adults in the most cost-effective and lowest cost

19  setting possible.  Such waiver shall include a request for the

20  opportunity to pay for care in hospitals known under federal

21  law as "institutions for mental disease" or "IMD's."  The

22  waiver proposal shall propose no additional aggregate cost to

23  the state or Federal Government, and shall be conducted in

24  Hillsborough County, Highlands County, Hardee County, Manatee

25  County, and Polk County.  The waiver proposal may incorporate

26  competitive bidding for hospital services, comprehensive

27  brokering, prepaid capitated arrangements, or other mechanisms

28  deemed by the department to show promise in reducing the cost

29  of acute care and increasing the effectiveness of preventive

30  care.  When developing the waiver proposal, the department

31  shall take into account price, quality, accessibility,

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  1  linkages of the hospital to community services and family

  2  support programs, plans of the hospital to ensure the earliest

  3  discharge possible, and the comprehensiveness of the mental

  4  health and other health care services offered by participating

  5  providers.  The department is directed to monitor and evaluate

  6  the implementation of this waiver program if it is granted and

  7  report to the chairs of the appropriations committees of the

  8  Senate and the House of Representatives by February 1, 1992.

  9         (8)  NURSING FACILITY SERVICES.--The agency shall pay

10  for 24-hour-a-day nursing and rehabilitative services for a

11  recipient in a nursing facility licensed under part II of

12  chapter 400 or in a rural hospital, as defined in s. 395.602,

13  or in a Medicare certified skilled nursing facility operated

14  by a hospital, as defined by s. 395.002(11) 395.002(9), that

15  is licensed under part I of chapter 395, and in accordance

16  with provisions set forth in s. 409.908(2)(a), which services

17  are ordered by and provided under the direction of a licensed

18  physician.  However, if a nursing facility has been destroyed

19  or otherwise made uninhabitable by natural disaster or other

20  emergency and another nursing facility is not available, the

21  agency must pay for similar services temporarily in a hospital

22  licensed under part I of chapter 395 provided federal funding

23  is approved and available.

24

25         Reviser's note.--Paragraph (5)(b) is amended to

26         delete language that has had its effect.

27         Subsection (8) is amended to conform to the

28         redesignation of s. 395.002(9) as s.

29         395.002(11) by the reviser incident to the

30         compilation of the 1998 Supplement to the

31         Florida Statutes 1997.

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  1         Section 29.  Paragraph (c) of subsection (12) of

  2  section 409.908, Florida Statutes, 1998 Supplement, is amended

  3  to read:

  4         409.908  Reimbursement of Medicaid providers.--Subject

  5  to specific appropriations, the agency shall reimburse

  6  Medicaid providers, in accordance with state and federal law,

  7  according to methodologies set forth in the rules of the

  8  agency and in policy manuals and handbooks incorporated by

  9  reference therein.  These methodologies may include fee

10  schedules, reimbursement methods based on cost reporting,

11  negotiated fees, competitive bidding pursuant to s. 287.057,

12  and other mechanisms the agency considers efficient and

13  effective for purchasing services or goods on behalf of

14  recipients.  Payment for Medicaid compensable services made on

15  behalf of Medicaid eligible persons is subject to the

16  availability of moneys and any limitations or directions

17  provided for in the General Appropriations Act or chapter 216.

18  Further, nothing in this section shall be construed to prevent

19  or limit the agency from adjusting fees, reimbursement rates,

20  lengths of stay, number of visits, or number of services, or

21  making any other adjustments necessary to comply with the

22  availability of moneys and any limitations or directions

23  provided for in the General Appropriations Act, provided the

24  adjustment is consistent with legislative intent.

25         (12)

26         (c)  The agency shall monitor closely the utilization

27  rate for physician services and identify any trends which may

28  indicate an effort to increase the volume of services to

29  counteract any losses that might result from the new fee

30  schedule. The agency shall prepare a report to the Legislature

31

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  1  on the overall effect of the resource-based relative value

  2  scale fee schedule by December 31, 1996.

  3

  4         Reviser's note.--Amended to delete language

  5         that has served its purpose.  The report was

  6         due December 31, 1996.

  7

  8         Section 30.  Subsection (17) of section 409.910,

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

10         409.910  Responsibility for payments on behalf of

11  Medicaid-eligible persons when other parties are liable.--

12         (17)  A recipient or his or her legal representative or

13  any person representing, or acting as agent for, a recipient

14  or the recipient's legal representative, who has notice,

15  excluding notice charged solely by reason of the recording of

16  the lien pursuant to paragraph (6)(c)(6)(d), or who has actual

17  knowledge of the department's rights to third-party benefits

18  under this section, who receives any third-party benefit or

19  proceeds therefrom for a covered illness or injury, is

20  required either to pay the department, within 60 days after

21  receipt of settlement proceeds, the full amount of the

22  third-party benefits, but not in excess of the total medical

23  assistance provided by Medicaid, or to place the full amount

24  of the third-party benefits in a trust account for the benefit

25  of the department pending judicial or administrative

26  determination of the department's right thereto. Proof that

27  any such person had notice or knowledge that the recipient had

28  received medical assistance from Medicaid, and that

29  third-party benefits or proceeds therefrom were in any way

30  related to a covered illness or injury for which Medicaid had

31  provided medical assistance, and that any such person

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  1  knowingly obtained possession or control of, or used,

  2  third-party benefits or proceeds and failed either to pay the

  3  department the full amount required by this section or to hold

  4  the full amount of third-party benefits or proceeds in trust

  5  pending judicial or administrative determination, unless

  6  adequately explained, gives rise to an inference that such

  7  person knowingly failed to credit the state or its agent for

  8  payments received from social security, insurance, or other

  9  sources, pursuant to s. 414.39(4)(b), and acted with the

10  intent set forth in s. 812.014(1).

11         (a)  In cases of suspected criminal violations or

12  fraudulent activity, the department may take any civil action

13  permitted at law or equity to recover the greatest possible

14  amount, including, without limitation, treble damages under

15  ss. 772.11 and 812.035(7).

16         (b)  The department is authorized to investigate and to

17  request appropriate officers or agencies of the state to

18  investigate suspected criminal violations or fraudulent

19  activity related to third-party benefits, including, without

20  limitation, ss. 414.39 and 812.014. Such requests may be

21  directed, without limitation, to the Medicaid Fraud Control

22  Unit of  the Office of the Attorney General, or to any state

23  attorney. Pursuant to s. 409.913, the Attorney General has

24  primary responsibility to investigate and control Medicaid

25  fraud.

26         (c)  In carrying out duties and responsibilities

27  related to Medicaid fraud control, the department may subpoena

28  witnesses or materials within or outside the state and,

29  through any duly designated employee, administer oaths and

30  affirmations and collect evidence for possible use in either

31  civil or criminal judicial proceedings.

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  1         (d)  All information obtained and documents prepared

  2  pursuant to an investigation of a Medicaid recipient, the

  3  recipient's legal representative, or any other person relating

  4  to an allegation of recipient fraud or theft is confidential

  5  and exempt from s. 119.07(1):

  6         1.  Until such time as the department takes final

  7  agency action;

  8         2.  Until such time as the Department of Legal Affairs

  9  refers the case for criminal prosecution;

10         3.  Until such time as an indictment or criminal

11  information is filed by a state attorney in a criminal case;

12  or

13         4.  At all times if otherwise protected by law.

14

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

16         redesignation of paragraph (6)(d) of s. 409.910

17         as paragraph (6)(c) by s. 1, ch. 98-411, Laws

18         of Florida.

19

20         Section 31.  Section 409.9116, Florida Statutes, 1998

21  Supplement, is amended to read:

22         409.9116  Disproportionate share/financial assistance

23  program for rural hospitals.--In addition to the payments made

24  under s. 409.911, the Agency for Health Care Administration

25  shall administer a federally matched disproportionate share

26  program and a state-funded financial assistance program for

27  statutory rural hospitals. The agency shall make

28  disproportionate share payments to statutory rural hospitals

29  that qualify for such payments and financial assistance

30  payments to statutory rural hospitals that do not qualify for

31  disproportionate share payments. The disproportionate share

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  1  program payments shall be limited by and conform with federal

  2  requirements. In fiscal year 1993-1994, available funds shall

  3  be distributed in one payment, as soon as practicable after

  4  the effective date of this act. In subsequent fiscal years,

  5  Funds shall be distributed quarterly in each fiscal year for

  6  which an appropriation is made. Notwithstanding the provisions

  7  of s. 409.915, counties are exempt from contributing toward

  8  the cost of this special reimbursement for hospitals serving a

  9  disproportionate share of low-income patients.

10         (1)  The following formula shall be used by the agency

11  to calculate the total amount earned for hospitals that

12  participate in the rural hospital disproportionate share

13  program or the financial assistance program:

14

15                     TAERH = (CCD + MDD)/TPD

16

17  Where:

18         CCD = total charity care-other, plus charity care-Hill

19  Burton, minus 50 percent of unrestricted tax revenue from

20  local governments, and restricted funds for indigent care,

21  divided by gross revenue per adjusted patient day; however, if

22  CCD is less than zero, then zero shall be used for CCD.

23         MDD = Medicaid inpatient days plus Medicaid HMO

24  inpatient days.

25         TPD = total inpatient days.

26         TAERH = total amount earned by each rural hospital.

27

28  In computing the total amount earned by each rural hospital,

29  the agency must use the most recent actual data reported in

30  accordance with s. 408.061(4)(a).

31

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  1         (2)  In determining the payment amount for each rural

  2  hospital under this section, the agency shall first allocate

  3  all available state funds by the following formula:

  4

  5                   DAER = (TAERH x TARH)/STAERH

  6

  7  Where:

  8         DAER = distribution amount for each rural hospital.

  9         STAERH = sum of total amount earned by each rural

10  hospital.

11         TAERH = total amount earned by each rural hospital.

12         TARH = total amount appropriated or distributed under

13  this section.

14

15  Federal matching funds for the disproportionate share program

16  shall then be calculated for those hospitals that qualify for

17  disproportionate share payments under this section.

18         (3)  The Agency for Health Care Administration may

19  recommend to the Legislature a formula to be used in

20  subsequent fiscal years to distribute funds appropriated for

21  this section that includes charity care, uncompensated care to

22  medically indigent patients, and Medicaid inpatient days.

23         (4)  In the event that federal matching funds for the

24  rural hospital disproportionate share program are not

25  available, state matching funds appropriated for the program

26  may be utilized for the Rural Hospital Financial Assistance

27  Program and shall be allocated to rural hospitals based on the

28  formulas in subsections (1) and (2).

29         (5)  In order to receive payments under this section, a

30  hospital must be a rural hospital as defined in s. 395.602 and

31  must meet the following additional requirements:

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  1         (a)  Agree to conform to all agency requirements to

  2  ensure high quality in the provision of services, including

  3  criteria adopted by agency rule concerning staffing ratios,

  4  medical records, standards of care, equipment, space, and such

  5  other standards and criteria as the agency deems appropriate

  6  as specified by rule.

  7         (b)  Agree to accept all patients, regardless of

  8  ability to pay, on a functional space-available basis.

  9         (c)  Agree to provide backup and referral services to

10  the county public health departments and other low-income

11  providers within the hospital's service area, including the

12  development of written agreements between these organizations

13  and the hospital.

14         (d)  For any hospital owned by a county government

15  which is leased to a management company, agree to submit on a

16  quarterly basis a report to the agency, in a format specified

17  by the agency, which provides a specific accounting of how all

18  funds dispersed under this act are spent.

19         (6)  For the 1998-1999 fiscal year only, the Agency for

20  Health Care Administration shall use the following formula for

21  distribution of the funds in Specific Appropriation 240 of the

22  1998-1999 General Appropriations Act for the disproportionate

23  share/financial assistance program for rural hospitals.

24         (a)  The agency shall first determine a preliminary

25  payment amount for each rural hospital by allocating all

26  available state funds using the following formula:

27

28                  PDAER = (TAERH x TARH)/STAERH

29

30  Where:

31

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  1         PDAER = preliminary distribution amount for each rural

  2  hospital.

  3         TAERH = total amount earned by each rural hospital.

  4         TARH = total amount appropriated or distributed under

  5  this section.

  6         STAERH = sum of total amount earned by each rural

  7  hospital.

  8         (b)  Federal matching funds for the disproportionate

  9  share program shall then be calculated for those hospitals

10  that qualify for disproportionate share in paragraph (a).

11         (c)  The state-funds-only payment amount is then

12  calculated for each hospital using the formula:

13

14         SFOER = Maximum value of (1) SFOL - PDAER or (2) 0

15

16  Where:

17         SFOER = state-funds-only payment amount for each rural

18  hospital.

19         SFOL = state-funds-only payment level, which is set at

20  4 percent of TARH.

21         (d)  The adjusted total amount allocated to the rural

22  disproportionate share program shall then be calculated using

23  the following formula:

24

25                     ATARH = (TARH - SSFOER)

26

27  Where:

28         ATARH = adjusted total amount appropriated or

29  distributed under this section.

30         SSFOER = sum of the state-funds-only payment amount

31  calculated under paragraph (c) for all rural hospitals.

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  1         (e)  The determination of the amount of rural

  2  disproportionate share hospital funds is calculated by the

  3  following formula:

  4

  5                TDAERH = [(TAERH x ATARH)/STAERH]

  6

  7  Where:

  8         TDAERH = total distribution amount for each rural

  9  hospital.

10         (f)  Federal matching funds for the disproportionate

11  share program shall then be calculated for those hospitals

12  that qualify for disproportionate share in paragraph (e).

13         (g)  State-funds-only payment amounts calculated under

14  paragraph (c) are then added to the results of paragraph (f)

15  to determine the total distribution amount for each rural

16  hospital.

17         (h)  This subsection is repealed on July 1, 1999.

18         (7)  This section only applies to hospitals that were

19  defined as statutory rural hospitals, or their

20  successor-in-interest hospital, prior to July 1, 1998. Any

21  additional hospital that is defined as a statutory rural

22  hospital, or its successor-in-interest hospital, on or after

23  July 1, 1998, is not eligible for programs under this section

24  unless additional funds are appropriated each fiscal year

25  specifically to the rural hospital disproportionate share and

26  financial assistance programs in an amount necessary to

27  prevent any hospital, or its successor-in-interest hospital,

28  eligible for the programs prior to July 1, 1998, from

29  incurring a reduction in payments because of the eligibility

30  of an additional hospital to participate in the programs.

31

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  1         Reviser's note.--Amended to delete language

  2         that has served its purpose.

  3

  4         Section 32.  Subsection (26) of section 409.912,

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

  6         409.912  Cost-effective purchasing of health care.--The

  7  agency shall purchase goods and services for Medicaid

  8  recipients in the most cost-effective manner consistent with

  9  the delivery of quality medical care.  The agency shall

10  maximize the use of prepaid per capita and prepaid aggregate

11  fixed-sum basis services when appropriate and other

12  alternative service delivery and reimbursement methodologies,

13  including competitive bidding pursuant to s. 287.057, designed

14  to facilitate the cost-effective purchase of a case-managed

15  continuum of care. The agency shall also require providers to

16  minimize the exposure of recipients to the need for acute

17  inpatient, custodial, and other institutional care and the

18  inappropriate or unnecessary use of high-cost services.

19         (26)  Beginning July 1, 1996, the agency shall perform

20  choice counseling, enrollments, and disenrollments for

21  Medicaid recipients who are eligible for MediPass or managed

22  care plans.  Notwithstanding the prohibition contained in

23  paragraph (18)(f), managed care plans may perform

24  preenrollments of Medicaid recipients under the supervision of

25  the agency or its agents.  For the purposes of this section,

26  "preenrollment" means the provision of marketing and

27  educational materials to a Medicaid recipient and assistance

28  in completing the application forms, but shall not include

29  actual enrollment into a managed care plan.  An application

30  for enrollment shall not be deemed complete until the agency

31  or its agent verifies that the recipient made an informed,

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  1  voluntary choice.  The agency, in cooperation with the

  2  Department of Health and Rehabilitative Services, may test new

  3  marketing initiatives to inform Medicaid recipients about

  4  their managed care options at selected sites.  The agency

  5  shall report to the Legislature on the effectiveness of such

  6  initiatives.  The agency may contract with a third party to

  7  perform managed care plan and MediPass choice-counseling,

  8  enrollment, and disenrollment services for Medicaid recipients

  9  and is authorized to adopt rules to implement such services.

10  Until October 1, 1996, or the receipt of necessary federal

11  waivers, whichever is earlier, the agency shall adjust the

12  capitation rate to cover any implementation, staff, or other

13  costs associated with enrollment, disenrollment, and

14  choice-counseling activities.  Thereafter, The agency may

15  adjust the capitation rate only to cover the costs of a

16  third-party choice-counseling, enrollment, and disenrollment

17  contract, and for agency supervision and management of the

18  managed care plan choice-counseling, enrollment, and

19  disenrollment contract.

20

21         Reviser's note.--Amended to delete language

22         that has served its purpose.

23

24         Section 33.  Paragraph (k) of subsection (9) of section

25  411.202, Florida Statutes, is amended to read:

26         411.202  Definitions.--As used in this chapter, the

27  term:

28         (9)  "High-risk child" or "at-risk child" means a

29  preschool child with one or more of the following

30  characteristics:

31

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  1         (k)  The child is a handicapped child as defined in

  2  subsection (8)(7).

  3

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

  5         redesignation of subsection (7) of s. 411.202

  6         as subsection (8) by s. 1, ch. 95-321, Laws of

  7         Florida.

  8

  9         Section 34.  Paragraph (f) of subsection (4) of section

10  411.222, Florida Statutes, is amended to read:

11         411.222  Intraagency and interagency coordination;

12  creation of offices; responsibilities; memorandum of

13  agreement; creation of coordinating council;

14  responsibilities.--

15         (4)  STATE COORDINATING COUNCIL FOR EARLY CHILDHOOD

16  SERVICES.--

17         (f)  Reporting requirements.--

18         1.  The council shall submit by March 1, 1991, to the

19  Governor, the Commissioner of Education, the Secretary of

20  Health and Rehabilitative Services, the President of the

21  Senate, and the Speaker of the House of Representatives, a

22  report including recommendations regarding methods and

23  procedures for promoting coordination among agencies and

24  programs serving preschool children and their families and

25  recommendations regarding methods and procedures for promoting

26  coordination among agencies and programs designed to reduce

27  teenage pregnancy.  Thereafter, The council shall report by

28  March 1 of each year on the progress the state is making

29  toward coordination and the status of services for preschool

30  children and teenagers at risk of pregnancy in the state and

31  shall recommend needed changes and improvements.

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  1         2.  The council shall submit copies of all reports and

  2  formal recommendations as required by this subsection to the

  3  appropriate substantive committees and appropriations

  4  subcommittees of the respective houses.

  5

  6         Reviser's note.--Amended to delete language

  7         that has served its purpose.

  8

  9         Section 35.  Paragraph (a) of subsection (4) of section

10  411.232, Florida Statutes, is amended to read:

11         411.232  Children's Early Investment Program.--

12         (4)  IMPLEMENTATION.--

13         (a)  The Department of Health and Rehabilitative

14  Services or its designee shall implement the Children's Early

15  Investment Program using the criteria provided in this

16  section.  The department or its designee shall evaluate and

17  select the programs and sites to be funded initially. The

18  initial contract awards must be made no later than January 15,

19  1990.  No more than one of each of the following prototypes

20  may be selected among the first sites to be funded:

21         1.  A program based in a county health department;

22         2.  A program based in an office of the Department of

23  Health and Rehabilitative Services;

24         3.  A program based in a local school district;

25         4.  A program based in a local board or council that is

26  responsible for coordinating and managing community resources

27  from revenue sources earmarked for helping children and

28  meeting their needs;

29         5.  A program based in a local, public or private,

30  not-for-profit provider of services to children and their

31  families; and

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  1         6.  A program based in a local government.

  2

  3         Reviser's note.--Amended to delete language

  4         that has served its purpose.

  5

  6         Section 36.  Paragraph (a) of subsection (4) of section

  7  411.242, Florida Statutes, is amended to read:

  8         411.242  Florida Education Now and Babies Later (ENABL)

  9  program.--

10         (4)  IMPLEMENTATION.--The department must:

11         (a)  Implement the ENABL program using the criteria

12  provided in this section.  The department must evaluate,

13  select, and monitor the two pilot projects to be funded

14  initially.  The initial contract awards must be made no later

15  than August 1, 1995. The following community-based local

16  contractors may be selected among the first sites to be

17  funded:

18         1.  A program based in a local school district, a

19  county health department, or another unit of local government.

20         2.  A program based in a local, public or private,

21  not-for-profit provider of services to children and their

22  families.

23

24         Reviser's note.--Amended to delete language

25         that has served its purpose.

26

27         Section 37.  Paragraph (a) of subsection (3) and

28  paragraph (c) of subsection (7) of section 414.065, Florida

29  Statutes, 1998 Supplement, are amended to read:

30         414.065  Work requirements.--

31

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  1         (3)  EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The

  2  following individuals are exempt from work activity

  3  requirements:

  4         (a)  A minor child under age 16, except that a child

  5  exempted from this provision shall be subject to the

  6  requirements of paragraph (1)(j)(1)(i) and s. 414.125.

  7         (7)  EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--The

  8  situations listed in this subsection shall constitute

  9  exceptions to the penalties for noncompliance with

10  participation requirements, except that these situations do

11  not constitute exceptions to the applicable time limit for

12  receipt of temporary cash assistance:

13         (c)  Noncompliance related to treatment or remediation

14  of past effects of domestic violence.--An individual who is

15  determined to be unable to comply with the work requirements

16  under this section due to mental or physical impairment

17  related to past incidents of domestic violence may be exempt

18  from work requirements for a specified period pursuant to s.

19  414.028(4)(g), except that such individual shall comply with a

20  plan that specifies alternative requirements that prepare the

21  individual for self-sufficiency while providing for the safety

22  of the individual and the individual's dependents. The plan

23  must include counseling or a course of treatment necessary for

24  the individual to resume participation. The need for treatment

25  and the expected duration of such treatment must be verified

26  by a physician licensed under chapter 458 or chapter 459; a

27  psychologist licensed under s. 490.005(1), s. 490.006, or the

28  provision identified as s. 490.013(2) in s. 1, chapter 81-235,

29  Laws of Florida; a therapist as defined in s. 491.003(2) or

30  (6); or a treatment professional who is registered under s.

31  39.905(1)(g) 415.605(1)(g), is authorized to maintain

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  1  confidentiality under s. 90.5036(1)(d), and has a minimum of 2

  2  years experience at a certified domestic violence center. An

  3  exception granted under this paragraph does not constitute an

  4  exception from the time limitations on benefits specified

  5  under s. 414.105.

  6

  7         Reviser's note.--Paragraph (3)(a) is amended to

  8         conform to the redesignation of paragraph

  9         (1)(i) of s. 414.065 as paragraph (1)(j) by s.

10         42, ch. 97-246, Laws of Florida.  Paragraph

11         (7)(c) is amended to conform to the

12         redesignation of s. 415.605(1)(g) as s.

13         39.905(1)(g) by s. 117, ch. 98-403, Laws of

14         Florida.

15

16         Section 38.  Subsection (3) of section 414.105, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         414.105  Time limitations of temporary cash

19  assistance.--Unless otherwise expressly provided in this

20  chapter, an applicant or current participant shall receive

21  temporary cash assistance for episodes of not more than 24

22  cumulative months in any consecutive 60-month period that

23  begins with the first month of participation and for not more

24  than a lifetime cumulative total of 48 months as an adult.

25         (3)  In addition to the exemptions listed in subsection

26  (2), a victim of domestic violence may be granted a hardship

27  exemption if the effects of such domestic violence delay or

28  otherwise interrupt or adversely affect the individual's

29  participation in the program.  Hardship exemptions granted

30  under this subsection shall not be subject to the percentage

31  limitations in subsection (2)(3).

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

  2         typographical error.  Percentage limitations

  3         are found in s. 414.105(2).

  4

  5         Section 39.  Subsection (4) of section 415.102, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         415.102  Definitions of terms used in ss.

  8  415.101-415.113.--As used in ss. 415.101-415.113, the term:

  9         (4)  "Caregiver" means a person who has been entrusted

10  with or has assumed the responsibility for frequent and

11  regular care of or services to a disabled adult or an elderly

12  person on a temporary or permanent basis and who has a

13  commitment, agreement, or understanding with that person or

14  that person's guardian that a caregiver role exists.

15  "Caregiver" includes, but is not limited to, relatives,

16  household members, guardians, neighbors, and employees and

17  volunteers of facilities as defined in subsection (15)(13).

18  For the purpose of departmental investigative jurisdiction,

19  the term "caregiver" does not include law enforcement officers

20  or employees of municipal or county detention facilities or

21  the Department of Corrections while acting in an official

22  capacity.

23

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

25         redesignation of subsection (13) of s. 415.102

26         as subsection (15) by s. 1, ch. 98-182, Laws of

27         Florida.

28

29         Section 40.  Paragraph (f) of subsection (1) of section

30  415.1055, Florida Statutes, 1998 Supplement, is amended to

31  read:

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  1         415.1055  Notification to administrative entities,

  2  subjects, and reporters; notification to law enforcement and

  3  state attorneys.--

  4         (1)  NOTIFICATION TO ADMINISTRATIVE ENTITIES.--

  5         (f)  If at any time during a protective investigation

  6  the department has reasonable cause to believe that an

  7  employee of a facility, as defined in s. 415.102(15)

  8  415.102(13), is the alleged perpetrator of abuse, neglect, or

  9  exploitation of a disabled adult or an elderly person, the

10  department shall notify the Agency for Health Care

11  Administration, Division of Health Quality Assurance, in

12  writing.

13

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

15         redesignation of s. 415.102(13) as s.

16         415.102(15) by s. 1, ch. 98-182, Laws of

17         Florida.

18

19         Section 41.  Subsection (8) of section 415.107, Florida

20  Statutes, 1998 Supplement, is amended to read:

21         415.107  Confidentiality of reports and records.--

22         (8)  The department, upon receipt of the applicable

23  fee, shall search its central abuse registry and tracking

24  system records pursuant to the requirements of ss. 110.1127,

25  393.0655, 394.457, 397.451, 400.506, 400.509, 400.512,

26  402.305(2) 402.305(1), 402.3055, 402.313, 409.175, 409.176,

27  and 985.407 for the existence of a confirmed report made on

28  the personnel as defined in the foregoing provisions. The

29  department shall report the existence of any confirmed report

30  and advise the authorized licensing agency, applicant for

31  licensure, or other authorized agency or person of the results

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  1  of the search and the date of the report. Prior to a search

  2  being conducted, the department or its designee shall notify

  3  such person that an inquiry will be made. The department shall

  4  notify each person for whom a search is conducted of the

  5  results of the search upon request.

  6

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

  8         redesignation of s. 402.305(1) as s. 402.305(2)

  9         by s. 2, ch. 91-300, Laws of Florida.

10

11         Section 42.  Section 415.1102, Florida Statutes, 1998

12  Supplement, is reenacted to read:

13         415.1102  Adult protection teams; services; eligible

14  cases.--Subject to an appropriation, the department may

15  develop, maintain, and coordinate the services of one or more

16  multidisciplinary adult protection teams in each of the

17  districts of the department. Such teams may be composed of,

18  but need not be limited to, representatives of appropriate

19  health, mental health, social service, legal service, and law

20  enforcement agencies.

21         (1)  The department shall utilize and convene the teams

22  to supplement the protective services activities of the adult

23  protective services program of the department.  This section

24  does not prevent a person from reporting under s. 415.1034 all

25  suspected or known cases of abuse, neglect, or exploitation of

26  a disabled adult or an elderly person.  The role of the teams

27  is to support activities of the adult protective services

28  program and to provide services deemed by the teams to be

29  necessary and appropriate to abused, neglected, and exploited

30  disabled adults or elderly persons upon referral.  Services

31  must be provided with the consent of the disabled adult, or

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  1  elderly person or that person's guardian, or through court

  2  order.  The specialized diagnostic assessment, evaluation,

  3  coordination, and other supportive services that an adult

  4  protection team must be capable of providing include, but are

  5  not limited to:

  6         (a)  Medical diagnosis and evaluation services,

  7  including provision or interpretation of X rays and laboratory

  8  tests, and related services, as needed, and documentation of

  9  findings relative thereto.

10         (b)  Telephone consultation services in emergencies and

11  in other situations.

12         (c)  Medical evaluation related to abuse, neglect, or

13  exploitation as defined by department policy or rule.

14         (d)  Psychological and psychiatric diagnosis and

15  evaluation services for the disabled adult or elderly person.

16         (e)  Short-term psychological treatment.  It is the

17  intent of the Legislature that short-term psychological

18  treatment be limited to no more than 6 months' duration after

19  treatment is initiated.

20         (f)  Expert medical, psychological, and related

21  professional testimony in court cases.

22         (g)  Case staffings to develop, implement, and monitor

23  treatment plans for disabled adults and elderly persons whose

24  cases have been referred to the team.  An adult protection

25  team may provide consultation with respect to a disabled adult

26  or elderly person who has not been referred to the team.  The

27  consultation must be provided at the request of a

28  representative of the adult protective services program or at

29  the request of any other professional involved with the

30  disabled adult or elderly person or that person's guardian or

31  other caregivers.  In every such adult protection team case

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  1  staffing consultation or staff activity involving a disabled

  2  adult or elderly person, an adult protective services program

  3  representative shall attend and participate.

  4         (h)  Service coordination and assistance, including the

  5  location of services available from other public and private

  6  agencies in the community.

  7         (i)  Such training services for program and other

  8  department employees as is deemed appropriate to enable them

  9  to develop and maintain their professional skills and

10  abilities in handling adult abuse, neglect, or exploitation

11  cases.

12         (j)  Education and community awareness campaigns on

13  adult abuse, neglect, or exploitation in an effort to enable

14  citizens to prevent, identify, and treat adult abuse, neglect,

15  and exploitation in the community more successfully.

16         (2)  The adult abuse, neglect, or exploitation cases

17  that are appropriate for referral by the adult protective

18  services program to adult protection teams for supportive

19  services include, but are not limited to, cases involving:

20         (a)  Unexplained or implausibly explained bruises,

21  burns, fractures, or other injuries in a disabled adult or an

22  elderly person.

23         (b)  Sexual abuse or molestation, or sexual

24  exploitation, of a disabled adult or elderly person.

25         (c)  Reported medical, physical, or emotional neglect

26  of a disabled adult or an elderly person.

27         (d)  Reported financial exploitation of a disabled

28  adult or elderly person.

29

30  In all instances in which an adult protection team is

31  providing certain services to abused, neglected, or exploited

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  1  disabled adults or elderly persons, other offices and units of

  2  the department shall avoid duplicating the provisions of those

  3  services.

  4

  5         Reviser's note.--Section 6, ch. 98-182, Laws of

  6         Florida, purported to amend paragraph (2)(c),

  7         but failed to republish the flush left language

  8         at the end of the section.  In the absence of

  9         affirmative evidence that the Legislature

10         intended to repeal the flush left language, s.

11         415.1102 is reenacted to confirm that the

12         omission was not intended.

13

14         Section 43.  Paragraph (d) of subsection (1) of section

15  419.001, Florida Statutes, 1998 Supplement, is amended to

16  read:

17         419.001  Site selection of community residential

18  homes.--

19         (1)  For the purposes of this section, the following

20  definitions shall apply:

21         (d)  "Resident" means any of the following:  a frail

22  elder as defined in s. 400.618; a physically disabled or

23  handicapped person as defined in s. 760.22(7)(a); a

24  developmentally disabled person as defined in s. 393.063(12)

25  393.063(11); a nondangerous mentally ill person as defined in

26  s. 394.455(18); or a child as defined in s. 39.01(14)

27  39.01(11), s. 984.03(9) or (12), or s. 985.03(8).

28

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

30         redesignation of s. 393.063(11) as s.

31         393.063(12) by s. 23, ch. 98-171, Laws of

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  1         Florida, and the redesignation of s. 39.01(11)

  2         as s. 39.01(14) by s. 20, ch. 98-403, Laws of

  3         Florida.

  4

  5         Section 44.  Subsections (1) and (3) of section

  6  420.0004, Florida Statutes, are amended to read:

  7         420.0004  Definitions.--As used in this part, unless

  8  the context otherwise indicates:

  9         (1)  "Adjusted for family size" means adjusted in a

10  manner which results in an income eligibility level which is

11  lower for households with fewer than four people, or higher

12  for households with more than four people, than the base

13  income eligibility determined as provided in subsection

14  (9)(6), subsection (10)(7), or subsection (14)(11), based upon

15  a formula as established by the United States Department of

16  Housing and Urban Development.

17         (3)  "Affordable" means that monthly rents or monthly

18  mortgage payments including taxes, insurance, and utilities do

19  not exceed 30 percent of that amount which represents the

20  percentage of the median adjusted gross annual income for the

21  households as indicated in subsection (9)(6), subsection

22  (10)(7), or subsection (14)(11).

23

24         Reviser's note.--Subsections (1) and (3) are

25         amended to conform to the redesignation of

26         subsection (6), subsection (7), and subsection

27         (11) as subsection (9), subsection (10), and

28         subsection (14), respectively, by s. 13, ch.

29         90-275, Laws of Florida.

30

31

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  1         Section 45.  Subsection (30) of section 420.507,

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

  3         420.507  Powers of the corporation.--The corporation

  4  shall have all the powers necessary or convenient to carry out

  5  and effectuate the purposes and provisions of this part,

  6  including the following powers which are in addition to all

  7  other powers granted by other provisions of this part:

  8         (30)  To prepare and submit to the secretary of the

  9  department a budget request for purposes of the corporation,

10  which request shall, notwithstanding the provisions of chapter

11  216 and in accordance with s. 216.351, contain a request for

12  operational expenditures and separate requests for other

13  authorized corporation programs. The request shall not be

14  required to contain information on the number of employees,

15  salaries, or any classification thereof, and the approved

16  operating budget therefor need not comply with s.

17  216.181(8)-(10) 216.181(7)-(9). The secretary is authorized to

18  include within the department's budget request the

19  corporation's budget request in the form as authorized by this

20  section.

21

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

23         redesignation of s. 216.181(7)-(9) as s.

24         216.181(8)-(10) by s. 6, ch. 97-286, Laws of

25         Florida.

26

27         Section 46.  Paragraph (c) of subsection (2) of section

28  420.525, Florida Statutes, is amended to read:

29         420.525  Housing Predevelopment Fund.--

30         (2)  All unencumbered funds, loan repayments, proceeds

31  from the sale of any property, existing funds remaining in the

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  1  following programs, and any other proceeds that would

  2  otherwise accrue pursuant to the activities conducted under

  3  this program and the provisions of the following programs

  4  shall be deposited in the fund and shall not revert to the

  5  General Revenue Fund:

  6         (c)  The Community-Based Organization Loan Program

  7  created by the Affordable Housing Planning and Community

  8  Assistance Act Florida Affordable Housing Act of 1986.

  9

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

11         redesignation of the Florida Affordable Housing

12         Act of 1986 to the Affordable Housing Planning

13         and Community Assistance Act by s. 27, ch.

14         92-317, Laws of Florida.

15

16         Section 47.  Paragraph (a) of subsection (2) of section

17  420.9072, Florida Statutes, is amended to read:

18         420.9072  State Housing Initiatives Partnership

19  Program.--The State Housing Initiatives Partnership Program is

20  created for the purpose of providing funds to counties and

21  eligible municipalities as an incentive for the creation of

22  local housing partnerships, to expand production of and

23  preserve affordable housing, to further the housing element of

24  the local government comprehensive plan specific to affordable

25  housing, and to increase housing-related employment.

26         (2)(a)  To be eligible to receive funds under the

27  program, a county or eligible municipality must:

28         1.  Submit to the corporation its local housing

29  assistance plan describing the local housing assistance

30  strategies established pursuant to s. 420.9075;

31

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  1         2.  Within 12 months after adopting the local housing

  2  assistance plan, amend the plan to incorporate the local

  3  housing incentive strategies defined in s. 420.9071(16) and

  4  described in s. 420.9076 420.7096; and

  5         3.  Within 24 months after adopting the amended local

  6  housing assistance plan to incorporate the local housing

  7  incentive strategies, amend its land development regulations

  8  or establish local policies and procedures, as necessary, to

  9  implement the local housing incentive strategies adopted by

10  the local governing body. A county or an eligible municipality

11  that has adopted a housing incentive strategy pursuant to s.

12  420.9076 before the effective date of this act shall review

13  the status of implementation of the plan according to its

14  adopted schedule for implementation and report its findings in

15  the annual report required by s. 420.9075(9). If as a result

16  of the review, a county or an eligible municipality determines

17  that the implementation is complete and in accordance with its

18  schedule, no further action is necessary. If a county or an

19  eligible municipality determines that implementation according

20  to its schedule is not complete, it must amend its land

21  development regulations or establish local policies and

22  procedures, as necessary, to implement the housing incentive

23  plan within 12 months after the effective date of this act, or

24  if extenuating circumstances prevent implementation within 12

25  months, pursuant to s. 420.9075(12), enter into an extension

26  agreement with the corporation.

27

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

29         error.  Section 420.7096 does not exist.

30         Section 420.9076 relates to affordable housing

31         incentive strategies.

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  1         Section 48.  Subsection (2) of section 421.10, Florida

  2  Statutes, is amended to read:

  3         421.10  Rentals and tenant selection.--

  4         (2)  Nothing contained in this section or s. 421.09,

  5  shall be construed as limiting the power of an authority to

  6  vest in an obligee the right, in the event of a default by the

  7  authority, to take possession of a housing project or cause

  8  the appointment of a receiver thereof, free from all the

  9  restrictions imposed by this section or s. 421.09 the

10  preceding section.

11

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

13         codification of s. 9, ch. 17981, 1937, Laws of

14         Florida, as s. 421.09.  Section 421.10 was

15         enacted by s. 10, ch. 17981, 1937, Laws of

16         Florida, and included the reference to "the

17         preceding section."

18

19         Section 49.  Section 421.33, Florida Statutes, is

20  amended to read:

21         421.33  Housing applications by farmers.--The owner of

22  any farm operated, or worked upon, by farmers of low income in

23  need of safe and sanitary housing may file an application with

24  a housing authority created for a county or a regional housing

25  authority requesting that it provide for a safe and sanitary

26  dwelling or dwellings for occupancy by such farmers of low

27  income.  Such applications shall be received and examined by

28  housing authorities in connection with the formulation of

29  projects or programs to provide housing for farmers of low

30  income. Provided, however, that if it becomes necessary for an

31  applicant under this section paragraph to convey any portion

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  1  of the applicant's then homestead in order to take advantages

  2  as provided herein, then in that event, the parting with title

  3  to a portion of said homestead shall not affect the remaining

  4  portion of same, but all rights that said owner may have in

  5  and to same under and by virtue of the Constitution of the

  6  state or any law passed pursuant thereto, shall be deemed and

  7  held to apply to such remaining portion of said land, the

  8  title of which remains in said applicant; it being the

  9  intention of the Legislature to permit the owner of any farm

10  operated or worked upon by farmers of low income in need of

11  safe and sanitary housing to take advantage of the provisions

12  of this law without jeopardizing their rights in their then

13  homestead by reason of any requirement that may be necessary

14  in order for them to receive the benefits herein provided; and

15  no court shall ever construe that an applicant who has taken

16  advantage of this law has in any manner, shape or form

17  abandoned his or her rights in any property that is the

18  applicant's then homestead by virtue of such action upon his

19  or her part, but it shall be held, construed and deemed that

20  such action upon the part of any applicant hereunder was not

21  any abandonment of the applicant's then homestead, and that

22  all rights that the applicant then had therein shall be and

23  remain as provided by the Constitution and any law enacted

24  pursuant thereto.

25

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

27         facilitate correct interpretation.  Section

28         421.33 is not divided into paragraphs.

29

30

31

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  1         Section 50.  Paragraph (i) of subsection (1) of section

  2  430.502, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         430.502  Alzheimer's disease; memory disorder clinics

  5  and day care and respite care programs.--

  6         (1)  There is established:

  7         (i)  A memory disorder clinic at the Tallahassee

  8  Memorial Healthcare Regional Medical Center; and

  9

10  for the purpose of conducting research and training in a

11  diagnostic and therapeutic setting for persons suffering from

12  Alzheimer's disease and related memory disorders.  However,

13  memory disorder clinics funded as of June 30, 1995, shall not

14  receive decreased funding due solely to subsequent additions

15  of memory disorder clinics in this subsection.

16

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

18         current name of the hospital.

19

20         Section 51.  Paragraph (z) of subsection (2) and

21  paragraph (a) of subsection (3) of section 435.03, Florida

22  Statutes, 1998 Supplement, are amended to read:

23         435.03  Level 1 screening standards.--

24         (2)  Any person for whom employment screening is

25  required by statute must not have been found guilty of,

26  regardless of adjudication, or entered a plea of nolo

27  contendere or guilty to, any offense prohibited under any of

28  the following provisions of the Florida Statutes or under any

29  similar statute of another jurisdiction:

30         (z)  Former section 827.05, relating to negligent

31  treatment of children.

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  1         (3)  Standards must also ensure that the person:

  2         (a)  For employees and employers licensed or registered

  3  pursuant to chapter 400, does not have a confirmed report of

  4  abuse, neglect, or exploitation as defined in s. 415.102(6)

  5  415.102(5), which has been uncontested or upheld under s.

  6  415.103.

  7

  8         Reviser's note.--Paragraph (2)(z) is amended to

  9         improve clarity and facilitate correct

10         interpretation.  Section 827.05 was repealed by

11         s. 11, ch. 96-322, Laws of Florida, and by s.

12         31, ch. 96-388, Laws of Florida.  Paragraph

13         (3)(a) is amended to conform to the

14         redesignation of s. 415.102(5) as s. 415.102(6)

15         by s. 94, ch. 95-418, Laws of Florida.

16

17         Section 52.  Paragraph (z) of subsection (2) and

18  paragraph (a) of subsection (3) of section 435.04, Florida

19  Statutes, 1998 Supplement, are amended to read:

20         435.04  Level 2 screening standards.--

21         (2)  The security background investigations under this

22  section must ensure that no persons subject to the provisions

23  of this section have been found guilty of, regardless of

24  adjudication, or entered a plea of nolo contendere or guilty

25  to, any offense prohibited under any of the following

26  provisions of the Florida Statutes or under any similar

27  statute of another jurisdiction:

28         (z)  Former section 827.05, relating to negligent

29  treatment of children.

30         (3)  Standards must also ensure that the person:

31

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  1         (a)  For employees or employers licensed or registered

  2  pursuant to chapter 400, does not have a confirmed report of

  3  abuse, neglect, or exploitation as defined in s. 415.102(6)

  4  415.102(5), which has been uncontested or upheld under s.

  5  415.103.

  6

  7         Reviser's note.--Paragraph (2)(z) is amended to

  8         improve clarity and facilitate correct

  9         interpretation.  Section 827.05 was repealed by

10         s. 11, ch. 96-322, Laws of Florida, and by s.

11         31, ch. 96-388, Laws of Florida.  Paragraph

12         (3)(a) is amended to conform to the

13         redesignation of s. 415.102(5) as s. 415.102(6)

14         by s. 94, ch. 95-418, Laws of Florida.

15

16         Section 53.  Paragraph (d) of subsection (23) and

17  subsection (33) of section 440.02, Florida Statutes, 1998

18  Supplement, are amended to read:

19         440.02  Definitions.--When used in this chapter, unless

20  the context clearly requires otherwise, the following terms

21  shall have the following meanings:

22         (23)  "Self-insurer" means:

23         (d)  A public utility as defined in s. 364.02 or s.

24  366.02 that has assumed by contract the liabilities of

25  contractors or subcontractors pursuant to s. 624.46225

26  440.571; or

27         (33)  "Insolvent member" means an individual

28  self-insurer which is a member of the Florida Self-Insurers

29  Guaranty Association, Incorporated, or which was a member and

30  has withdrawn pursuant to s. 440.385(1)(b), and which has been

31  found insolvent, as defined in subparagraph (34)(a)1.,

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  1  subparagraph (34)(a)2., or subparagraph (34)(a)3. paragraph

  2  (34)(a), paragraph (34)(b), or paragraph (34)(c), by a court

  3  of competent jurisdiction in this or any other state, or meets

  4  the definition of subparagraph (34)(a)4. paragraph (34)(d).

  5

  6         Reviser's note.--Paragraph (23)(d) is amended

  7         to conform to the redesignation of s. 440.571

  8         as s. 624.46225 by s. 81, ch. 93-415, Laws of

  9         Florida.  Subsection (33) is amended to conform

10         to the redesignation of paragraphs (31)(a),

11         (b), (c), and (d) as subparagraphs (31)(a)1.,

12         2., 3., and 4. by s. 2, ch. 93-415, and the

13         further redesignation of subsection (31) as

14         subsection (34) by s. 1, ch. 98-174, Laws of

15         Florida.

16

17         Section 54.  Section 440.021, Florida Statutes, is

18  amended to read:

19         440.021  Exemption of workers' compensation from

20  chapter 120.--Workers' compensation adjudications by judges of

21  compensation claims are exempt from chapter 120, and no judge

22  of compensation claims shall be considered an agency or a part

23  thereof. Communications of the result of investigations by the

24  division pursuant to s. 440.185(4) are exempt from chapter

25  120. In all instances in which the division institutes action

26  to collect a penalty or interest which may be due pursuant to

27  this chapter, the penalty or interest shall be assessed

28  without hearing, and the party against which such penalty or

29  interest is assessed shall be given written notice of such

30  assessment and shall have the right to protest within 20 days

31  of such notice. Upon receipt of a timely notice of protest and

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  1  after such investigation as may be necessary, the division

  2  shall, if it agrees with such protest, notify the protesting

  3  party that the assessment has been revoked.  If the division

  4  does not agree with the protest, it shall refer the matter to

  5  the judge of compensation claims for determination pursuant to

  6  s. 440.25(2)-(5) 440.25(3) and (4).  Such action of the

  7  division is exempt from the provisions of chapter 120.

  8

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

10         redesignation of s. 440.25(3) and (4) as s.

11         440.25(2)-(5) by s. 30, ch. 93-415, Laws of

12         Florida.

13

14         Section 55.  Subsection (4) of section 440.14, Florida

15  Statutes, is amended to read:

16         440.14  Determination of pay.--

17         (4)  Upon termination of the employee or upon

18  termination of the payment of fringe benefits of any employee

19  who is collecting indemnity benefits pursuant to s. 440.15(2)

20  or (3)(b), the employer shall within 7 days of such

21  termination file a corrected 13-week wage statement reflecting

22  the wages paid and the fringe benefits that had been paid to

23  the injured employee as defined in s. 440.02(27) 440.02(24).

24

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

26         redesignation of s. 440.02(21) as s. 440.02(23)

27         by s. 3, ch. 89-289, Laws of Florida; further

28         redesignation as s. 440.02(24) by s. 9, ch.

29         90-201, Laws of Florida; and further

30         redesignation as s. 440.02(27) by s. 1, ch.

31         98-174, Laws of Florida.

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  1         Section 56.  Paragraph (f) of subsection (1), paragraph

  2  (c) of subsection (2), and paragraph (c) of subsection (10) of

  3  section 440.15, Florida Statutes, 1998 Supplement, are amended

  4  to read:

  5         440.15  Compensation for disability.--Compensation for

  6  disability shall be paid to the employee, subject to the

  7  limits provided in s. 440.12(2), as follows:

  8         (1)  PERMANENT TOTAL DISABILITY.--

  9         (f)1.  If permanent total disability results from

10  injuries that occurred subsequent to June 30, 1955, and for

11  which the liability of the employer for compensation has not

12  been discharged under s. 440.20(11) 440.20(12), the injured

13  employee shall receive additional weekly compensation benefits

14  equal to 5 percent of her or his weekly compensation rate, as

15  established pursuant to the law in effect on the date of her

16  or his injury, multiplied by the number of calendar years

17  since the date of injury. The weekly compensation payable and

18  the additional benefits payable under this paragraph, when

19  combined, may not exceed the maximum weekly compensation rate

20  in effect at the time of payment as determined pursuant to s.

21  440.12(2). Entitlement to these supplemental payments shall

22  cease at age 62 if the employee is eligible for social

23  security benefits under 42 U.S.C. ss. 402 and 423, whether or

24  not the employee has applied for such benefits. These

25  supplemental benefits shall be paid by the division out of the

26  Workers' Compensation Administration Trust Fund when the

27  injury occurred subsequent to June 30, 1955, and before July

28  1, 1984. These supplemental benefits shall be paid by the

29  employer when the injury occurred on or after July 1, 1984.

30  Supplemental benefits are not payable for any period prior to

31  October 1, 1974.

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  1         2.a.  The division shall provide by rule for the

  2  periodic reporting to the division of all earnings of any

  3  nature and social security income by the injured employee

  4  entitled to or claiming additional compensation under

  5  subparagraph 1. Neither the division nor the employer or

  6  carrier shall make any payment of those additional benefits

  7  provided by subparagraph 1. for any period during which the

  8  employee willfully fails or refuses to report upon request by

  9  the division in the manner prescribed by such rules.

10         b.  The division shall provide by rule for the periodic

11  reporting to the employer or carrier of all earnings of any

12  nature and social security income by the injured employee

13  entitled to or claiming benefits for permanent total

14  disability. The employer or carrier is not required to make

15  any payment of benefits for permanent total disability for any

16  period during which the employee willfully fails or refuses to

17  report upon request by the employer or carrier in the manner

18  prescribed by such rules or if any employee who is receiving

19  permanent total disability benefits refuses to apply for or

20  cooperate with the employer or carrier in applying for social

21  security benefits.

22         3.  When an injured employee receives a full or partial

23  lump-sum advance of the employee's permanent total disability

24  compensation benefits, the employee's benefits under this

25  paragraph shall be computed on the employee's weekly

26  compensation rate as reduced by the lump-sum advance.

27         (2)  TEMPORARY TOTAL DISABILITY.--

28         (c)  Temporary total disability benefits paid pursuant

29  to this subsection shall include such period as may be

30  reasonably necessary for training in the use of artificial

31  members and appliances, and shall include such period as the

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  1  employee may be receiving training and education under a

  2  program pursuant to s. 440.49(1). Notwithstanding s. 440.02(9)

  3  440.02(8), the date of maximum medical improvement for

  4  purposes of paragraph (3)(b) shall be no earlier than the last

  5  day for which such temporary disability benefits are paid.

  6         (10)  EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER

  7  AND FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

  8  ACT.--

  9         (c)  No disability compensation benefits payable for

10  any week, including those benefits provided by paragraph

11  (1)(f)(1)(e), shall be reduced pursuant to this subsection

12  until the Social Security Administration determines the amount

13  otherwise payable to the employee under 42 U.S.C. ss. 402 and

14  423 and the employee has begun receiving such social security

15  benefit payments. The employee shall, upon demand by the

16  division, the employer, or the carrier, authorize the Social

17  Security Administration to release disability information

18  relating to her or him and authorize the Division of

19  Unemployment Compensation to release unemployment compensation

20  information relating to her or him, in accordance with rules

21  to be promulgated by the division prescribing the procedure

22  and manner for requesting the authorization and for compliance

23  by the employee. Neither the division nor the employer or

24  carrier shall make any payment of benefits for total

25  disability or those additional benefits provided by paragraph

26  (1)(f)(1)(e) for any period during which the employee

27  willfully fails or refuses to authorize the release of

28  information in the manner and within the time prescribed by

29  such rules. The authority for release of disability

30  information granted by an employee under this paragraph shall

31  be effective for a period not to exceed 12 months, such

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  1  authority to be renewable as the division may prescribe by

  2  rule.

  3

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

  5         conform to the redesignation of s. 440.20(12)

  6         as s. 440.20(11) by s. 26, ch. 93-415, Laws of

  7         Florida.  Paragraph (2)(c) is amended to

  8         conform to the redesignation of s. 440.02(8) as

  9         s. 440.02(9) by s. 1, ch. 98-174, Laws of

10         Florida.  Paragraph (10)(c) is amended to

11         conform to the redesignation of paragraph

12         (1)(e) of s. 440.15 as paragraph (1)(f) by s.

13         20, ch. 93-415.

14

15         Section 57.  Subsection (7) of section 440.185, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         440.185  Notice of injury or death; reports; penalties

18  for violations.--

19         (7)  Every carrier shall file with the division within

20  21 days after the issuance of a policy or contract of

21  insurance such policy information as the division may require,

22  including notice of whether the policy is a minimum premium

23  policy. Notice of cancellation or expiration of a policy as

24  set out in s. 440.42(3) 440.42(2) shall be mailed to the

25  division in accordance with rules promulgated by the division

26  under chapter 120.

27

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

29         redesignation of s. 440.42(2) as s. 440.42(3)

30         by s. 10, ch. 98-174, Laws of Florida.

31

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  1         Section 58.  Subsection (1) of section 440.191, Florida

  2  Statutes, 1998 Supplement, is reenacted to read:

  3         440.191  Employee Assistance and Ombudsman Office.--

  4         (1)(a)  In order to effect the self-executing features

  5  of the Workers' Compensation Law, this chapter shall be

  6  construed to permit injured employees and employers or the

  7  employer's carrier to resolve disagreements without undue

  8  expense, costly litigation, or delay in the provisions of

  9  benefits. It is the duty of all who participate in the

10  workers' compensation system, including, but not limited to,

11  carriers, service providers, health care providers, attorneys,

12  employers, and employees, to attempt to resolve disagreements

13  in good faith and to cooperate with the division's efforts to

14  resolve disagreements between the parties. The division may by

15  rule prescribe definitions that are necessary for the

16  effective administration of this section.

17         (b)  An Employee Assistance and Ombudsman Office is

18  created within the Division of Workers' Compensation to inform

19  and assist injured workers, employers, carriers, and health

20  care providers in fulfilling their responsibilities under this

21  chapter. The division may by rule specify forms and procedures

22  for administering requests for assistance provided by this

23  section.

24         (c)  The Employee Assistance and Ombudsman Office,

25  Division of Workers' Compensation, shall be a resource

26  available to all employees who participate in the workers'

27  compensation system and shall take all steps necessary to

28  educate and disseminate information to employees and

29  employers.

30

31

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  1         Reviser's note.--Section 5, ch. 98-125, Laws of

  2         Florida, purported to amend subsection (1) of

  3         s. 440.191, but failed to republish paragraph

  4         (1)(c). In the absence of affirmative evidence

  5         that the Legislature intended to repeal

  6         paragraph (1)(c), subsection (1) is reenacted

  7         to confirm that the omission was not intended.

  8

  9         Section 59.  Subsection (3) of section 440.25, Florida

10  Statutes, is amended to read:

11         440.25  Procedures for mediation and hearings.--

12         (3)  Such mediation conference shall be conducted

13  informally and does not require the use of formal rules of

14  evidence or procedure. Any information from the files,

15  reports, case summaries, mediator's notes, or other

16  communications or materials, oral or written, relating to a

17  mediation conference under this section obtained by any person

18  performing mediation duties is privileged and confidential and

19  may not be disclosed without the written consent of all

20  parties to the conference. Any research or evaluation effort

21  directed at assessing the mediation program activities or

22  performance must protect the confidentiality of such

23  information. Each party to a mediation conference has a

24  privilege during and after the conference to refuse to

25  disclose and to prevent another from disclosing communications

26  made during the conference whether or not the contested issues

27  are successfully resolved. This subsection and paragraphs

28  (4)(a) and (b) paragraph shall not be construed to prevent or

29  inhibit the discovery or admissibility of any information that

30  is otherwise subject to discovery or that is admissible under

31  applicable law or rule of procedure, except that any conduct

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  1  or statements made during a mediation conference or in

  2  negotiations concerning the conference are inadmissible in any

  3  proceeding under this chapter. The Chief Judge shall select a

  4  mediator. The mediator shall be employed on a full-time basis

  5  by the Office of the Judges of Compensation Claims. A mediator

  6  must be a member of The Florida Bar for at least 5 years and

  7  must complete a mediation training program approved by the

  8  Chief Judge. Adjunct mediators may be employed by the Office

  9  of the Judges of Compensation Claims on an as-needed basis and

10  shall be selected from a list prepared by the Chief Judge. An

11  adjunct mediator must be independent of all parties

12  participating in the mediation conference. An adjunct mediator

13  must be a member of The Florida Bar for at least 5 years and

14  must complete a mediation training program approved by the

15  Chief Judge. An adjunct mediator shall have access to the

16  office, equipment, and supplies of the judge of compensation

17  claims in each district. In the event both parties agree, the

18  results of the mediation conference shall be binding and

19  neither party shall have a right to appeal the results. In the

20  event either party refuses to agree to the results of the

21  mediation conference, the results of the mediation conference

22  as well as the testimony, witnesses, and evidence presented at

23  the conference shall not be admissible at any subsequent

24  proceeding on the claim. The mediator shall not be called in

25  to testify or give deposition to resolve any claim for any

26  hearing before the judge of compensation claims. The employer

27  may be represented by an attorney at the mediation conference

28  if the employee is also represented by an attorney at the

29  mediation conference.

30

31

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

  2         redesignation of s. 440.25(3)(b) as s.

  3         440.25(3) and (4)(a) and (b) by s. 30, ch.

  4         93-415, Laws of Florida.

  5

  6         Section 60.  Paragraphs (d) and (f) of subsection (1)

  7  of section 440.38, Florida Statutes, are amended to read:

  8         440.38  Security for compensation; insurance carriers

  9  and self-insurers.--

10         (1)  Every employer shall secure the payment of

11  compensation under this chapter:

12         (d)  By entering into an interlocal agreement with

13  other local governmental entities to create a local government

14  pool pursuant to s. 624.4622 440.575;

15         (f)  By entering into a contract with an individual

16  self-insurer under an approved individual

17  self-insurer-provided self-insurance program as set forth in

18  s. 624.46225 440.571.  The division may adopt rules to

19  implement this subsection.

20

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

22         conform to the redesignation of s. 440.575 as

23         s. 624.4622 by s. 80, ch. 93-415, Laws of

24         Florida.  Paragraph (1)(f) is amended to

25         conform to the redesignation of s. 440.571 as

26         s. 624.46225 by s. 81, ch. 93-415.

27

28         Section 61.  Paragraph (a) of subsection (1) of section

29  440.385, Florida Statutes, is amended to read:

30         440.385  Florida Self-Insurers Guaranty Association,

31  Incorporated.--

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  1         (1)  CREATION OF ASSOCIATION.--

  2         (a)  There is created a nonprofit corporation to be

  3  known as the "Florida Self-Insurers Guaranty Association,

  4  Incorporated," hereinafter referred to as "the association."

  5  Upon incorporation of the association, all individual

  6  self-insurers as defined in ss. 440.02(23)(a) 440.02(21)(a)

  7  and 440.38(1)(b), other than individual self-insurers which

  8  are public utilities or governmental entities, shall be

  9  members of the association as a condition of their authority

10  to individually self-insure in this state.  The association

11  shall perform its functions under a plan of operation as

12  established and approved under subsection (5) and shall

13  exercise its powers and duties through a board of directors as

14  established under subsection (2). The corporation shall have

15  those powers granted or permitted corporations not for profit,

16  as provided in chapter 617.

17

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

19         redesignation of s. 440.02(21)(a) as s.

20         440.02(23)(a) by s. 1, ch. 98-174, Laws of

21         Florida.

22

23         Section 62.  Subsections (4) and (5), paragraph (c) of

24  subsection (6), paragraph (e) of subsection (7), and paragraph

25  (b) of subsection (13) of section 440.49, Florida Statutes,

26  1998 Supplement, are amended to read:

27         440.49  Limitation of liability for subsequent injury

28  through Special Disability Trust Fund.--

29         (4)  PERMANENT IMPAIRMENT OR PERMANENT TOTAL

30  DISABILITY, TEMPORARY BENEFITS, MEDICAL BENEFITS, OR ATTENDANT

31  CARE AFTER OTHER PHYSICAL IMPAIRMENT.--

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  1         (a)  Permanent impairment.--If an employee who has a

  2  preexisting permanent physical impairment incurs a subsequent

  3  permanent impairment from injury or occupational disease

  4  arising out of, and in the course of, her or his employment

  5  which merges with the preexisting permanent physical

  6  impairment to cause a permanent impairment, the employer

  7  shall, in the first instance, pay all benefits provided by

  8  this chapter; but, subject to the limitations specified in

  9  subsection (6), such employer shall be reimbursed from the

10  Special Disability Trust Fund created by subsection (9)(8) for

11  50 percent of all impairment benefits which the employer has

12  been required to provide pursuant to s. 440.15(3)(a) as a

13  result of the subsequent accident or occupational disease.

14         (b)  Permanent total disability.--If an employee who

15  has a preexisting permanent physical impairment incurs a

16  subsequent permanent impairment from injury or occupational

17  disease arising out of, and in the course of, her or his

18  employment which merges with the preexisting permanent

19  physical impairment to cause permanent total disability, the

20  employer shall, in the first instance, pay all benefits

21  provided by this chapter; but, subject to the limitations

22  specified in subsection (6), such employer shall be reimbursed

23  from the Special Disability Trust Fund created by subsection

24  (9)(8) for 50 percent of all compensation for permanent total

25  disability.

26         (c)  Temporary compensation and medical benefits;

27  aggravation or acceleration of preexisting condition or

28  circumstantial causation.--If an employee who has a

29  preexisting permanent physical impairment experiences an

30  aggravation or acceleration of the preexisting permanent

31  physical impairment as a result of an injury or occupational

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  1  disease arising out of and in the course of her or his

  2  employment, or suffers an injury as a result of a merger as

  3  defined in paragraph (2)(c) subparagraph (1)(b)2., the

  4  employer shall provide all benefits provided by this chapter,

  5  but, subject to the limitations specified in subsection (7),

  6  the employer shall be reimbursed by the Special Disability

  7  Trust Fund created by subsection (9)(8) for 50 percent of its

  8  payments for temporary, medical, and attendant care benefits.

  9         (5)  WHEN DEATH RESULTS.--If death results from the

10  subsequent permanent impairment contemplated in subsection (4)

11  paragraph (c) within 1 year after the subsequent injury, or

12  within 5 years after the subsequent injury when disability has

13  been continuous since the subsequent injury, and it is

14  determined that the death resulted from a merger, the employer

15  shall, in the first instance, pay the funeral expenses and the

16  death benefits prescribed by this chapter; but, subject to the

17  limitations specified in subsection (6), she or he shall be

18  reimbursed from the Special Disability Trust Fund created by

19  subsection (9)(8) for the last 50 percent of all compensation

20  allowable and paid for such death and for 50 percent of the

21  amount paid as funeral expenses.

22         (6)  EMPLOYER KNOWLEDGE, EFFECT ON REIMBURSEMENT.--

23         (c)  An employer's or carrier's right to apportionment

24  or deduction pursuant to ss. 440.02(1), 440.15(5)(b), and

25  440.151(1)(c) does not preclude reimbursement from such fund,

26  except when the merger comes within the definition of

27  paragraph (2)(c) subparagraph (2)(b)2. and such apportionment

28  or deduction relieves the employer or carrier from providing

29  the materially and substantially greater permanent disability

30  benefits otherwise contemplated in those paragraphs.

31         (7)  REIMBURSEMENT OF EMPLOYER.--

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  1         (e)  For dates of accident on or after January 1, 1994,

  2  the Special Disability Trust Fund shall, within 120 days of

  3  receipt of notice that a carrier has been required to pay, and

  4  has paid over $10,000 in benefits, serve notice of the

  5  acceptance of the claim for reimbursement. Failure of the

  6  Special Disability Trust Fund to serve notice of acceptance

  7  shall give rise to the right to request a hearing on the claim

  8  for reimbursement. If the Special Disability Trust Fund

  9  through its representative denies or controverts the claim,

10  the right to such reimbursement shall be barred unless an

11  application for a hearing thereon is filed with the division

12  or administrator at Tallahassee within 60 days after notice to

13  the employer or carrier of such denial or controversion. When

14  such application for a hearing is timely filed, the claim

15  shall be heard and determined in accordance with the procedure

16  prescribed in s. 440.25, to the extent that such procedure is

17  applicable, and in accordance with the workers' compensation

18  rules of procedure. In such proceeding on a claim for

19  reimbursement, the Special Disability Trust Fund shall be made

20  the party respondent, and no findings of fact made with

21  respect to the claim of the injured employee or the dependents

22  for compensation, including any finding made or order entered

23  pursuant to s. 440.20(11) 440.20(12), shall be res judicata.

24  The Special Disability Trust Fund may not be joined or made a

25  party to any controversy or dispute between an employee and

26  the dependents and the employer or between two or more

27  employers or carriers without the written consent of the fund.

28         (13)  SPECIAL DISABILITY TRUST FUND PRIVATIZATION

29  COMMISSION.--

30         (b)  Consistent with the closing of the fund provided

31  in subsection (11), the Special Disability Trust Fund

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  1  Privatization Commission is authorized to contract with an

  2  administrator to review, allow, deny, compromise, controvert,

  3  and litigate claims of the Special Disability Trust Fund under

  4  this section.  The commission, in consultation with the

  5  division, is authorized to contract with a qualified entity to

  6  assume the reimbursement obligations of the Special Disability

  7  Trust Fund for claims which have previously been have accepted

  8  for reimbursement by the Special Disability Trust Fund and

  9  claims which are determined to be reimbursable by the Special

10  Disability Trust Fund.  The qualified entity and the

11  administrator shall not be affiliates of the other, and shall

12  not establish or maintain a financial or contractual agreement

13  with each other for purposes of this section. On or before

14  July 1, 1999, the commission, in consultation with the

15  division, may develop and issue a request for proposal for the

16  transfer and assumption of liabilities, and administration of

17  certain functions related to claims of the Special Disability

18  Trust Fund. The administrator shall have experience in

19  workers' compensation claims management of sufficient scope

20  and size to undertake the duties and responsibilities of this

21  section and shall demonstrate the ability to meet the criteria

22  established by the commission, which shall include the ability

23  to substantially reduce the overall costs of reviewing and

24  reimbursing claims, and to settle and extinguish the

25  liabilities of the Special Disability Trust Fund in a more

26  cost-efficient and more timely manner than presently provided

27  by the division. In the event liabilities on the Special

28  Disabilities Trust Fund are transferred to and assumed by a

29  qualified entity, such entity shall provide the state with

30  financial assurance as to the satisfaction of any such

31  liabilities or claims and the state and the Special Disability

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  1  Trust Fund shall have no further liability with respect to

  2  those liabilities and claims. The financial assurances may

  3  include, but are not limited to, cash reserves, reinsurance,

  4  guarantees, or letters of credit.

  5

  6         Reviser's note.--Subsections (4) and (5) are

  7         amended to conform to the redesignation of

  8         subunits of s. 440.49 by s. 43, ch. 93-415,

  9         Laws of Florida.  Paragraphs (4)(c) and (6)(c)

10         are amended to conform to the definition of

11         "merger" in paragraph (2)(c). Paragraph (7)(e)

12         is amended to conform to the redesignation of

13         s. 440.20(12) as s. 440.20(11) by s. 26, ch.

14         93-415. Paragraph (13)(b) is amended to improve

15         clarity and facilitate correct interpretation.

16

17         Section 63.  Paragraph (b) of subsection (1) and

18  subsection (5) of section 440.51, Florida Statutes, are

19  amended to read:

20         440.51  Expenses of administration.--

21         (1)  The division shall estimate annually in advance

22  the amounts necessary for the administration of this chapter,

23  in the following manner.

24         (b)  The total expenses of administration shall be

25  prorated among the insurance companies writing compensation

26  insurance in the state and self-insurers.  The net premiums

27  collected by the companies and the amount of premiums a

28  self-insurer would have to pay if insured are the basis for

29  computing the amount to be assessed. This amount may be

30  assessed as a specific amount or as a percentage of net

31  premiums payable as the division may direct, provided such

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  1  amount so assessed shall not exceed 4 percent of such net

  2  premiums.  The insurance companies may elect to make the

  3  payments required under s. 440.15(1)(f) 440.15(1)(e) rather

  4  than having these payments made by the division.  In that

  5  event, such payments will be credited to the insurance

  6  companies, and the amount due by the insurance company under

  7  this section will be reduced accordingly.

  8         (5)  Any amount so assessed against and paid by an

  9  insurance carrier, self-insurer authorized pursuant to s.

10  624.4621 440.57, or commercial self-insurance fund authorized

11  under ss. 624.460-624.488 shall be allowed as a deduction

12  against the amount of any other tax levied by the state upon

13  the premiums, assessments, or deposits for workers'

14  compensation insurance on contracts or policies of said

15  insurance carrier, self-insurer, or commercial self-insurance

16  fund.

17

18         Reviser's note.--Paragraph (1)(b) is amended to

19         conform to the redesignation of s. 440.15(1)(e)

20         as s. 440.15(1)(f) by s. 20, ch. 93-415, Laws

21         of Florida.  Subsection (5) is amended to

22         conform to the redesignation of s. 440.57 as s.

23         624.4621 by s. 79, ch. 93-415.

24

25         Section 64.  Subsection (2) of section 442.20, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         442.20  Workplace safety.--

28         (2)  The Division of Safety shall have the authority to

29  adopt rules for the purpose of assuring safe working

30  conditions for all workers by authorizing the enforcement of

31  effective standards, assisting and encouraging employers to

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  1  maintain safe working conditions, and by providing for

  2  education and training in the field of safety. For public

  3  sector employers, the division may by rule adopt subparts C

  4  through T and subpart Z of 29 C.F.R. part 1910; subparts C

  5  through Z of 29 C.F.R. part 1926; subparts A through D,

  6  subpart I, and subpart M of 29 C.F.R. part 1928; subparts A

  7  through G of 29 C.F.R. part 1917; subparts A through L and

  8  subpart Z of 29 C.F.R. part 1915; subparts A through J of 29

  9  C.F.R. part 1918, as revised July 1, 1993, provided that 29

10  C.F.R. s. 1910.156 applies to volunteer firefighters and fire

11  departments operated by the state or of political

12  subdivisions; the National Fire Protection Association, Inc.,

13  Standard 1500, paragraph 5-7 (Personal Alert Safety System)

14  (1992 edition); and ANSI A 10.4-1990.

15

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

17         facilitate correct interpretation.

18

19         Section 65.  Paragraph (n) of subsection (21) of

20  section 443.036, Florida Statutes, 1998 Supplement, is amended

21  to read:

22         443.036  Definitions.--As used in this chapter, unless

23  the context clearly requires otherwise:

24         (21)  EMPLOYMENT.--"Employment," subject to the other

25  provisions of this chapter, means any service performed by an

26  employee for the person employing him or her.

27         (n)  Exclusions generally.--The term "employment" does

28  not include:

29         1.  Domestic service in a private home, local college

30  club, or local chapter of a college fraternity or sorority,

31  except as provided in paragraph (g).

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  1         2.  Service performed on or in connection with a vessel

  2  or aircraft not an American vessel or American aircraft, if

  3  the employee is employed on and in connection with such vessel

  4  or aircraft when outside the United States.

  5         3.  Service performed by an individual in, or as an

  6  officer or member of the crew of a vessel while it is engaged

  7  in, the catching, taking, harvesting, cultivating, or farming

  8  of any kind of fish, shellfish, crustacea, sponges, seaweeds,

  9  or other aquatic forms of animal and vegetable life, including

10  service performed by any such individual as an ordinary

11  incident to any such activity, except:

12         a.  Service performed in connection with the catching

13  or taking of salmon or halibut for commercial purposes.

14         b.  Service performed on, or in connection with, a

15  vessel of more than 10 net tons, determined in the manner

16  provided for determining the register tonnage of merchant

17  vessels under the laws of the United States.

18         4.  Service performed by an individual in the employ of

19  his or her son, daughter, or spouse, including step

20  relationships, and service performed by a child, or stepchild,

21  under the age of 21 in the employ of his or her father or

22  mother, or stepfather or stepmother.

23         5.  Service performed in the employ of the United

24  States Government or of an instrumentality of the United

25  States which is:

26         a.  Wholly or partially owned by the United States.

27         b.  Exempt from the tax imposed by s. 3301 of the

28  Internal Revenue Code by virtue of any provision of federal

29  law which specifically refers to such section, or the

30  corresponding section of prior law, in granting such

31  exemption; except that to the extent that the Congress shall

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  1  permit states to require any instrumentalities of the United

  2  States to make payments into an unemployment fund under a

  3  state unemployment compensation law, all of the provisions of

  4  this law shall be applicable to such instrumentalities, and to

  5  services performed for such instrumentalities, in the same

  6  manner, to the same extent, and on the same terms as to all

  7  other employers, employing units, individuals, and services.

  8  If this state is not certified for any year by the Secretary

  9  of Labor under s. 3304 of the federal Internal Revenue Code,

10  the payments required of such instrumentalities with respect

11  to such year shall be refunded by the division from the fund

12  in the same manner and within the same period as is provided

13  in s. 443.141(6) with respect to contributions erroneously

14  collected.

15         6.  Service performed in the employ of a state, or any

16  political subdivision thereof, or any instrumentality of any

17  one or more of the foregoing which is wholly owned by one or

18  more states or political subdivisions, except as provided in

19  paragraph (b), and any service performed in the employ of any

20  instrumentality of one or more states or political

21  subdivisions, to the extent that the instrumentality is, with

22  respect to such service, immune under the Constitution of the

23  United States from the tax imposed by s. 3301 of the Internal

24  Revenue Code.

25         7.  Service performed in the employ of a corporation,

26  community chest, fund, or foundation, organized and operated

27  exclusively for religious, charitable, scientific, testing for

28  public safety, literary, or educational purposes, or for the

29  prevention of cruelty to children or animals, no part of the

30  net earnings of which inures to the benefit of any private

31  shareholder or individual, no substantial part of the

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  1  activities of which is carrying on propaganda or otherwise

  2  attempting to influence legislation, and which does not

  3  participate in, or intervene in (including the publishing or

  4  distributing of statements), any political campaign on behalf

  5  of any candidate for public office, except as provided in

  6  paragraph (c).

  7         8.  Service with respect to which unemployment

  8  compensation is payable under an unemployment compensation

  9  system established by an Act of Congress.

10         9.a.  Service performed in any calendar quarter in the

11  employ of any organization exempt from income tax under s.

12  501(a) of the Internal Revenue Code, other than an

13  organization described in s. 401(a), or under s. 521, if the

14  remuneration for such service is less than $50.

15         b.  Service performed in the employ of a school,

16  college, or university, if such service is performed by a

17  student who is enrolled and is regularly attending classes at

18  such school, college, or university.

19         10.  Service performed in the employ of a foreign

20  government, including service as a consular or other officer

21  or employee of a nondiplomatic representative.

22         11.  Service performed in the employ of an

23  instrumentality wholly owned by a foreign government:

24         a.  If the service is of a character similar to that

25  performed in foreign countries by employees of the United

26  States Government or of an instrumentality thereof; and

27         b.  The Secretary of State shall certify to the

28  Secretary of the Treasury that the foreign government, with

29  respect to whose instrumentality exemption is claimed, grants

30  an equivalent exemption with respect to similar service

31

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  1  performed in the foreign country by employees of the United

  2  States Government and of instrumentalities thereof.

  3         12.  Service performed as a student nurse in the employ

  4  of a hospital or a nurses' training school by an individual

  5  who is enrolled and is regularly attending classes in a

  6  nurses' training school chartered or approved pursuant to a

  7  state law; service performed as an intern in the employ of a

  8  hospital by an individual who has completed a 4-year course in

  9  a medical school chartered or approved pursuant to state law;

10  and service performed by a patient of a hospital for such

11  hospital.

12         13.  Service performed by an individual for a person as

13  an insurance agent or as an insurance solicitor, if all such

14  service performed by such individual for such person is

15  performed for remuneration solely by way of commission, except

16  for such services performed in accordance with 26 U.S.C.S. s.

17  3306(c)(7) and (8).  For purposes of this subsection, those

18  benefits excluded from the definition of wages pursuant to

19  subparagraphs (40)(b)2.-6.(33)(b)2.-6., inclusive, shall not

20  be considered remuneration.

21         14.  Service performed by an individual for a person as

22  a real estate salesperson or agent, if all such service

23  performed by such individual for such person is performed for

24  remuneration solely by way of commission.

25         15.  Service performed by an individual under the age

26  of 18 in the delivery or distribution of newspapers or

27  shopping news, not including delivery or distribution to any

28  point for subsequent delivery or distribution.

29         16.  Service covered by an arrangement between the

30  division and the agency charged with the administration of any

31  other state or federal unemployment compensation law pursuant

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  1  to which all services performed by an individual for an

  2  employing unit during the period covered by such employing

  3  unit's duly approved election are deemed to be performed

  4  entirely within such agency's state or under such federal law.

  5         17.  Service performed by an individual who is enrolled

  6  at a nonprofit or public educational institution which

  7  normally maintains a regular faculty and curriculum and

  8  normally has a regularly organized body of students in

  9  attendance at the place where its educational activities are

10  carried on as a student in a full-time program, taken for

11  credit at such institution, which combines academic

12  instruction with work experience, if such service is an

13  integral part of such program, and such institution has so

14  certified to the employer, except that this subparagraph does

15  not apply to service performed in a program established for or

16  on behalf of an employer or group of employers.

17         18.  Service performed by an individual for a person as

18  a barber, if all such service performed by such individual for

19  such person is performed for remuneration solely by way of

20  commission.

21         19.  Casual labor not in the course of the employer's

22  trade or business.

23         20.  Service performed by a speech therapist,

24  occupational therapist, or physical therapist who is

25  nonsalaried and working pursuant to a written contract with a

26  home health agency as defined in s. 400.462.

27         21.  Service performed by a direct seller. For purposes

28  of this subparagraph, the term "direct seller" means a person:

29         a.(I)  Who is engaged in the trade or business of

30  selling or soliciting the sale of consumer products to buyers

31  on a buy-sell basis or a deposit-commission basis, or on any

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  1  similar basis, for resale in the home or in any other place

  2  that is not a permanent retail establishment; or

  3         (II)  Who is engaged in the trade or business of

  4  selling or soliciting the sale of consumer products in the

  5  home or in any other place that is not a permanent retail

  6  establishment;

  7         b.  Substantially all of whose remuneration for

  8  services described in sub-subparagraph a., whether or not paid

  9  in cash, is directly related to sales or other output, rather

10  than to the number of hours worked; and

11         c.  Who performs such services pursuant to a written

12  contract with the person for whom the services are performed,

13  which contract provides that the person will not be treated as

14  an employee with respect to such services for federal tax

15  purposes.

16         22.  Service performed by a nonresident alien

17  individual for the period he or she is temporarily present in

18  the United States as a nonimmigrant under subparagraph (F) or

19  subparagraph (J) of s. 101(a)(15) of the Immigration and

20  Nationality Act, and which is performed to carry out the

21  purpose specified in subparagraph (F) or subparagraph (J), as

22  the case may be.

23         23.  Service performed by an individual for

24  remuneration for a private, for-profit delivery or messenger

25  service, if the individual:

26         a.  Is free to accept or reject jobs from the delivery

27  or messenger service and the delivery or messenger service has

28  no control over when the individual works;

29         b.  Is remunerated for each delivery, or the

30  remuneration is based on factors that relate to the work

31

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  1  performed, including receipt of a percentage of any rate

  2  schedule;

  3         c.  Pays all expenses and the opportunity for profit or

  4  loss rests solely with the individual;

  5         d.  Is responsible for operating costs, including fuel,

  6  repairs, supplies, and motor vehicle insurance;

  7         e.  Determines the method of performing the service,

  8  including selection of routes and order of deliveries;

  9         f.  Is responsible for the completion of a specific job

10  and is liable for any failure to complete that job;

11         g.  Enters into a contract with the delivery or

12  messenger service which specifies the relationship of the

13  individual to the delivery or messenger service to be that of

14  an independent contractor and not that of an employee; and

15         h.  Provides the vehicle used to perform the service.

16         24.  Service performed in agricultural labor by an

17  individual who is an alien admitted to the United States to

18  perform service in agricultural labor pursuant to ss.

19  101(a)(15)(H) and 214(c) of the Immigration and Nationality

20  Act.

21         25.  Service performed by a person who is an inmate of

22  a penal institution.

23

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

25         redesignation of subparagraphs (33)(b)2.-6. of

26         s. 443.036 as subparagraphs (40)(b)2.-6. by s.

27         4, ch. 98-149, Laws of Florida.

28

29         Section 66.  Paragraph (b) of subsection (2) of section

30  443.041, Florida Statutes, is amended to read:

31

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  1         443.041  Waiver of rights; fees; privileged

  2  communications.--

  3         (2)  FEES.--

  4         (b)  An attorney at law representing a claimant for

  5  benefits in any district court of appeal of this state or in

  6  the Supreme Court of Florida is entitled to counsel fees

  7  payable by the division as fixed by the court if the petition

  8  for review or appeal is initiated by the claimant and results

  9  in a decision awarding more benefits than did the decision

10  from which appeal was taken. The amount of the fee may not

11  exceed 50 percent of the regular benefits awarded under s.

12  443.111(5)(a) 443.111(4)(a) during the benefit year.

13

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

15         redesignation of s. 443.111(4)(a) as s.

16         443.111(5)(a) by s. 5, ch. 96-378, Laws of

17         Florida, and s. 21, ch. 96-423, Laws of

18         Florida.

19

20         Section 67.  Paragraphs (f), (g), and (h) of subsection

21  (7) of section 443.111, Florida Statutes, are amended to read:

22         443.111  Payment of benefits.--

23         (7)  SHORT-TIME COMPENSATION PROGRAM.--

24         (f)  Weekly short-time compensation benefit

25  amount.--The weekly short-time compensation benefit amount

26  payable to an individual shall be an amount equal to the

27  product of her or his weekly benefit amount as provided in

28  subsection (3)(2) and the ratio of the number of normal weekly

29  hours of work for which the employer would not compensate the

30  individual to the individual's normal weekly hours of work.

31

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  1  Such benefit amount, if not a multiple of $1, shall be rounded

  2  downward to the next lower multiple of $1.

  3         (g)  Total short-time compensation benefit amount.--No

  4  individual shall be paid benefits under this paragraph in any

  5  benefit year for more than the maximum entitlement provided in

  6  subsection (5)(4), nor shall an individual be paid short-time

  7  compensation benefits for more than 26 weeks in any benefit

  8  year.

  9         (h)  Effect of short-time compensation benefits

10  relating to the payment of regular and extended benefits.--

11         1.  The short-time compensation benefits paid to an

12  individual shall be deducted from the total benefit amount

13  established for that individual as provided in subsection

14  (5)(4).

15         2.  An individual who has received all of the

16  short-time compensation or combined unemployment compensation

17  and short-time compensation available in a benefit year shall

18  be considered an exhaustee for purposes of the extended

19  benefits program as provided in subsection (6)(5) and, if

20  otherwise eligible under those provisions, shall be eligible

21  to receive extended benefits.

22         3.  No otherwise eligible individual shall be

23  disqualified from benefits for leaving employment instead of

24  accepting a reduction in hours pursuant to the implementation

25  of an approved plan.

26

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

28         redesignation of subunits of s. 443.111 by s.

29         5, ch. 96-378, Laws of Florida, and s. 21, ch.

30         96-423, Laws of Florida.

31

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  1         Section 68.  Subsection (5) of section 443.141, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         443.141  Collection of contributions.--

  4         (5)  PRIORITIES UNDER LEGAL DISSOLUTION OR

  5  DISTRIBUTIONS.--In the event of any distribution of any

  6  employer's assets pursuant to an order of any court under the

  7  laws of this state, including any receivership, assignment for

  8  the benefit of creditors, adjudicated insolvency, composition,

  9  administration of estates of decedents, or other similar

10  proceeding, contributions then or thereafter due shall be paid

11  in full prior to all other claims except claims for wages of

12  not more than $250 to each claimant, earned within 6 months of

13  the commencement of the proceeding, and on a parity with all

14  other tax claims wherever such tax claims have been given

15  priority.  In the administration of the estate of any

16  decedent, the filing of notice of lien shall be deemed a

17  proceeding required upon protest of the claim filed by the

18  division for contributions due under this chapter, and such

19  claim shall be allowed by the circuit judge. However, the

20  personal representative of the decedent may by petition to the

21  circuit court object to the validity of the claim of the

22  division, and proceedings shall be had in the circuit court

23  for the determination of the validity of the claim of the

24  division. Further, the bond of the personal representative

25  shall not be discharged until such claim is finally determined

26  by the circuit court; and, when no bond has been given by the

27  personal representative, none of the assets of the estate

28  shall be distributed until such final determination by the

29  circuit court. Upon distribution of the assets of the estate

30  of any decedent, the claim of the division shall have class 87

31  priority established in s. 733.707(1)(h) 733.707(1)(g),

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  1  subject to the above limitations with reference to wages.  In

  2  the event of any employer's adjudication in bankruptcy,

  3  judicially confirmed extension proposal, or composition, under

  4  the Federal Bankruptcy Act of 1898, as amended, contributions

  5  then or thereafter due shall be entitled to such priority as

  6  is provided in s. 64B of that act (U.S.C. Title II, s. 104(b),

  7  as amended).

  8

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

10         redesignation of class 7 priority in s.

11         733.707(1)(g) as class 8 priority in s.

12         733.707(1)(h) by s. 20, ch. 93-208, Laws of

13         Florida.

14

15         Section 69.  Paragraph (a) of subsection (3) and

16  paragraph (e) of subsection (6) of section 443.151, Florida

17  Statutes, 1998 Supplement, are amended to read:

18         443.151  Procedure concerning claims.--

19         (3)  DETERMINATION.--

20         (a)  In general.--An initial determination upon a claim

21  filed pursuant to subsection (2) shall be made promptly by an

22  examiner designated by the division, shall include a statement

23  as to whether and in what amount claimant is entitled to

24  benefits, and, in the event of a denial, shall state the

25  reasons therefor. A determination with respect to the first

26  week of a benefit year shall also include a statement as to

27  whether the claimant has been paid the wages required under s.

28  443.091(1)(f) 443.091(1)(e) and, if so, the first day of the

29  benefit year, the claimant's weekly benefit amount, and the

30  maximum total amount of benefits payable to the claimant with

31  respect to a benefit year.  The claimant, the claimant's most

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  1  recent employing unit, and all employers whose accounts would

  2  be charged with benefits pursuant to such determination shall

  3  be promptly notified of such initial determination; and such

  4  determination shall be final unless within 20 days after the

  5  mailing of such notices to the parties' last known addresses,

  6  or in the absence of such mailing, within 20 days after the

  7  delivery of such notice, appeal or written request for

  8  reconsideration is filed by the claimant or other party

  9  entitled to such notice.

10         (6)  RECOVERY AND RECOUPMENT.--

11         (e)  Notwithstanding any other provision of this

12  chapter, any person who has been determined by either this

13  state, a cooperating state agency, the United States Secretary

14  of Labor, or a court of competent jurisdiction to have

15  received any payments under the Trade Act of 1974, as amended,

16  to which the person was not entitled shall have such sum

17  deducted from any regular benefits, as defined in s.

18  443.111(6)(a)5. 443.111(5)(a)5., payable to her or him under

19  this chapter; except that no single deduction under this

20  paragraph shall exceed 50 percent of the amount otherwise

21  payable.  The amounts so deducted shall be paid to the agency

22  which issued the payments under the Trade Act of 1974, as

23  amended, for return to the United States Treasury.  However,

24  except for overpayments determined by a court of competent

25  jurisdiction, no deduction may be made under this paragraph

26  until a determination by the state agency or the United States

27  Secretary of Labor has become final.

28

29         Reviser's note.--Paragraph (3)(a) is amended to

30         conform to the redesignation of s.

31         443.091(1)(e) as s. 443.091(1)(f) by s. 3, ch.

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  1         94-347, Laws of Florida. Paragraph (6)(e) is

  2         amended to conform to the redesignation of s.

  3         443.111(5)(a)5. as s. 443.111(6)(a)5. by s. 5,

  4         ch. 96-378, Laws of Florida, and s. 21, ch.

  5         96-423, Laws of Florida.

  6

  7         Section 70.  Subsection (7) and paragraph (a) of

  8  subsection (11) of section 443.171, Florida Statutes, 1998

  9  Supplement, are amended to read:

10         443.171  Division and commission; powers and duties;

11  rules; advisory council; records and reports.--

12         (7)  RECORDS AND REPORTS.--Each employing unit shall

13  keep true and accurate work records, containing such

14  information as the division may prescribe. Such records shall

15  be open to inspection and be subject to being copied by the

16  division at any reasonable time and as often as may be

17  necessary. The division or an appeals referee may require from

18  any employing unit any sworn or unsworn reports, with respect

19  to persons employed by it, deemed necessary for the effective

20  administration of this chapter. However, a state or local

21  governmental agency performing intelligence or

22  counterintelligence functions need not report an employee if

23  the head of such agency has determined that reporting the

24  employee could endanger the safety of the employee or

25  compromise an ongoing investigation or intelligence mission.

26  Information revealing the employing unit's or individual's

27  identity thus obtained from the employing unit or from any

28  individual pursuant to the administration of this chapter,

29  shall, except to the extent necessary for the proper

30  presentation of a claim or upon written authorization of the

31  claimant who has a workers' compensation claim pending, be

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  1  held confidential and exempt from the provisions of s.

  2  119.07(1). Such information shall be available only to public

  3  employees in the performance of their public duties, including

  4  employees of the Department of Education in obtaining

  5  information for the Florida Education and Training Placement

  6  Information Program and the Office of Tourism, Trade, and

  7  Economic Development Department of Commerce in its

  8  administration of the qualified defense contractor tax refund

  9  program authorized by s. 288.1045 288.104, the qualified

10  target industry business tax refund program authorized by s.

11  288.106. Any claimant, or the claimant's legal representative,

12  at a hearing before an appeals referee or the commission shall

13  be supplied with information from such records to the extent

14  necessary for the proper presentation of her or his claim. Any

15  employee or member of the commission or any employee of the

16  division, or any other person receiving confidential

17  information, who violates any provision of this subsection is

18  guilty of a misdemeanor of the second degree, punishable as

19  provided in s. 775.082 or s. 775.083. However, the division

20  may furnish to any employer copies of any report previously

21  submitted by such employer, upon the request of such employer,

22  and the division is authorized to charge therefor such

23  reasonable fee as the division may by rule prescribe not to

24  exceed the actual reasonable cost of the preparation of such

25  copies. Fees received by the division for copies provided

26  under this subsection shall be deposited to the credit of the

27  Employment Security Administration Trust Fund.

28         (11)  STATE-FEDERAL COOPERATION.--

29         (a)1.  In the administration of this chapter, the

30  division shall cooperate with the United States Department of

31  Labor to the fullest extent consistent with the provisions of

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  1  this chapter and shall take such action, through the adoption

  2  of appropriate rules, administrative methods, and standards,

  3  as may be necessary to secure to this state and its citizens

  4  all advantages available under the provisions of the Social

  5  Security Act that relate to unemployment compensation, the

  6  Federal Unemployment Tax Act, the Wagner-Peyser Act, and the

  7  Federal-State Extended Unemployment Compensation Act of 1970,

  8  or other federal manpower acts.

  9         2.  In the administration of the provisions in s.

10  443.111(6) 443.111(5), which are enacted to conform with the

11  requirements of the Federal-State Extended Unemployment

12  Compensation Act of 1970, the division shall take such action

13  as may be necessary to ensure that the provisions are so

14  interpreted and applied as to meet the requirements of such

15  federal act as interpreted by the United States Department of

16  Labor and to secure to this state the full reimbursement of

17  the federal share of extended benefits paid under this chapter

18  that are reimbursable under the federal act.

19         3.  The division shall comply with the regulations of

20  the United States Department of Labor relating to the receipt

21  or expenditure by this state of moneys granted under any of

22  such acts; shall make such reports, in such form and

23  containing such information, as the United States Department

24  of Labor may from time to time require; and shall comply with

25  such provisions as the United States Department of Labor may

26  from time to time find necessary to assure the correctness and

27  verification of such reports.

28

29         Reviser's note.--Subsection (7) is amended to

30         conform to the substitution of the Office of

31         Tourism, Trade, and Economic Development for

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  1         the Department of Commerce for purposes of s.

  2         288.106 by s. 44, ch. 96-320, Laws of Florida,

  3         and the repeal of s. 288.104 by s. 8, ch.

  4         96-348, Laws of Florida, and the enactment of

  5         new s. 288.1045 governing the qualified defense

  6         contractor tax refund program by s. 1, ch.

  7         96-348. Paragraph (11)(a) is amended to conform

  8         to the redesignation of s. 443.111(5) as s.

  9         443.111(6) by s. 5, ch. 96-378, Laws of

10         Florida, and s. 21, ch. 96-423, Laws of

11         Florida.

12

13         Section 71.  Paragraph (a) of subsection (5) of section

14  443.191, Florida Statutes, 1998 Supplement, is amended to

15  read:

16         443.191  Unemployment Compensation Trust Fund;

17  establishment and control.--

18         (5)  MONEY CREDITED UNDER SECTION 903 OF THE SOCIAL

19  SECURITY ACT.--

20         (a)  Money credited to the account of this state in the

21  Unemployment Compensation Trust Fund by the Secretary of the

22  Treasury of the United States pursuant to s. 903 of the Social

23  Security Act may not be requisitioned from this state's

24  account or used except for the payment of benefits and for the

25  payment of expenses incurred for the administration of this

26  law.  Such money may be requisitioned pursuant to subsection

27  (3) for the payment of benefits. Such money may also be

28  requisitioned and used for the payment of expenses incurred

29  for the administration of this law but only pursuant to a

30  specific appropriation by the Legislature and only if the

31

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  1  expenses are incurred and the money is requisitioned after the

  2  enactment of an appropriation law which:

  3         1.  Specifies the purposes for which such money is

  4  appropriated and the amounts appropriated therefor;

  5         2.  Limits the period within which such money may be

  6  obligated to a period ending not more than 2 years after the

  7  date of the enactment of the appropriation law; and

  8         3.  Limits the amount which may be obligated during any

  9  12-month period beginning on July 1 and ending on the next

10  June 30 to an amount which does not exceed the amount by which

11  the aggregate of the amounts credited to the account of this

12  state pursuant to s. 903 of the Social Security Act during the

13  same 12-month period and the 34 preceding 12-month periods,

14  exceeds the aggregate of the amounts obligated for

15  administration and paid out for benefits and charged against

16  the amounts credited to the account of this state during such

17  35 12-month periods.

18         4.  Notwithstanding this paragraph subparagraph 1.,

19  money credited with respect to federal fiscal years 1999,

20  2000, and 2001 shall be used solely for the administration of

21  the unemployment compensation program and such money shall not

22  otherwise be subject to the requirements of this paragraph

23  subparagraph 1. when appropriated by the Legislature.

24

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

26         facilitate correct interpretation and to

27         conform to the reference as specified in

28         federal model language.

29

30         Section 72.  Subsections (1) and (9) of section 446.22,

31  Florida Statutes, are amended to read:

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  1         446.22  Definitions.--As used in this act, the

  2  following words and phrases shall have the meanings set forth

  3  herein, except where the context otherwise requires:

  4         (1)  "Advisory council" means the State Human Resource

  5  Investment Job Training Coordinating Council, as created and

  6  described by s. 446.20(2).

  7         (9)  "Private industry council" means an organization

  8  comprised of private businesses, local government, education,

  9  welfare agencies, organized labor, and community-based

10  organizations designated by the State Human Resource

11  Investment Job Training Coordinating Council under the federal

12  Job Training Partnership Act to deliver training and

13  educational services to youth and unemployed persons.

14

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

16         redesignation of the State Job Training

17         Coordinating Council as the State Human

18         Resource Investment Council by s. 7, ch.

19         96-404, Laws of Florida.

20

21         Section 73.  Subsection (3) of section 446.25, Florida

22  Statutes, is amended to read:

23         446.25  Implementation.--

24         (3)  The State Human Resource Investment Job Training

25  Coordinating Council shall review proposed operational

26  policies and rules associated with the program and shall act

27  as advisory council to this program for the purpose of:

28         (a)  Establishing general performance standards in

29  conjunction with the department guidelines.

30         (b)  Making recommendations to the department with

31  regard to the establishment of program criteria.

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  1         (c)  Assisting in the development of linkages with

  2  potential public and private sector participants in the

  3  program.

  4         (d)  Advising the department of changes to the federal

  5  Job Training Partnership Act which may impact this program.

  6         (e)  Providing for followup studies and evaluating the

  7  program in conjunction with the Department of Labor and

  8  Employment Security.

  9

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

11         redesignation of the State Job Training

12         Coordinating Council as the State Human

13         Resource Investment Council by s. 7, ch.

14         96-404, Laws of Florida.

15

16         Section 74.  Subsection (1) of section 455.01, Florida

17  Statutes, is amended to read:

18         455.01  Definitions.--As used in this part, the term:

19         (1)  "Board" means any board or commission, or other

20  statutorily created entity to the extent such entity is

21  authorized to exercise regulatory or rulemaking functions,

22  within the department, including the Florida Real Estate

23  Commission; except that, for ss. 455.201-455.245

24  455.201-455.261, "board" means only a board, or other

25  statutorily created entity to the extent such entity is

26  authorized to exercise regulatory or rulemaking functions,

27  within the Division of Certified Public Accounting, the

28  Division of Professions, or the Division of Real Estate.

29

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

31         transfer of s. 455.261 to s. 455.707 by s. 94,

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  1         ch. 97-261, Laws of Florida. The last section

  2         of the range, which pertains to professions

  3         regulated by the Department of Business and

  4         Professional Regulation, is now s. 455.245.

  5         Section 455.707 pertains to professions

  6         regulated by the Department of Health.

  7

  8         Section 75.  Subsections (1) and (2) of section

  9  455.5651, Florida Statutes, 1998 Supplement, are amended to

10  read:

11         455.5651  Practitioner profile; creation.--

12         (1)  Beginning July 1, 1999, the Department of Health

13  shall compile the information submitted pursuant to s. 455.565

14  section 1 into a practitioner profile of the applicant

15  submitting the information, except that the Department of

16  Health may develop a format to compile uniformly any

17  information submitted under s. 455.565(4)(b) paragraph

18  1(4)(b).

19         (2)  On the profile required under subsection (1), the

20  department shall indicate if the information provided under s.

21  455.565(1)(a)7. section 1(1)(a)7. is not corroborated by a

22  criminal history check conducted according to this subsection.

23  If the information provided under s. 455.565(1)(a)7. section

24  1(1)(a)7. is corroborated by the criminal history check, the

25  fact that the criminal history check was performed need not be

26  indicated on the profile. The department, or the board having

27  regulatory authority over the practitioner acting on behalf of

28  the department, shall investigate any information received by

29  the department or the board when it has reasonable grounds to

30  believe that the practitioner has violated any law that

31  relates to the practitioner's practice.

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  1         Reviser's note.--Amended to correct apparent

  2         errors, facilitate correct interpretation, and

  3         conform to redesignation of references by the

  4         reviser incident to compiling the Florida

  5         Statutes 1997.  The references to "section

  6         1(1)(a)7." in s. 128, ch. 97-237, Laws of

  7         Florida, and s. 4, ch. 97-273, Laws of Florida,

  8         were not updated to conform to the final

  9         location of that material in the laws.  The

10         references became "section 127(1)(a)7." for ch.

11         97-237 and "section 3(1)(a)7." for ch. 97-273.

12         The material was codified as s. 455.565(1)(a)7.

13         by the reviser.

14

15         Section 76.  Section 455.5653, Florida Statutes, is

16  amended to read:

17         455.5653  Practitioner profiles; data

18  storage.--Effective upon this act becoming a law, the

19  Department of Health must develop or contract for a computer

20  system to accommodate the new data collection and storage

21  requirements under this act pending the development and

22  operation of a computer system by the Department of Health for

23  handling the collection, input, revision, and update of data

24  submitted by physicians as a part of their initial licensure

25  or renewal to be compiled into individual practitioner

26  profiles. The Department of Health must incorporate any data

27  required by this act into the computer system used in

28  conjunction with the regulation of health care professions

29  under its jurisdiction. The department must develop, by the

30  year 2000, a schedule and procedures for each practitioner

31  within a health care profession regulated within the Division

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  1  of Medical Quality Assurance to submit relevant information to

  2  be compiled into a profile to be made available to the public.

  3  The Department of Health is authorized to contract with and

  4  negotiate any interagency agreement necessary to develop and

  5  implement the practitioner profiles. The Department of Health

  6  shall have access to any information or record maintained by

  7  the Agency for Health Care Administration, including any

  8  information or record that is otherwise confidential and

  9  exempt from the provisions of chapter 119 and s. 24(a), Art. I

10  of the State Constitution, so that the Department of Health

11  may corroborate any information that physicians are required

12  to report under s. 455.565 section 1 of this act.

13

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

15         error, facilitate correct interpretation, and

16         conform to redesignation of references by the

17         reviser incident to compiling the Florida

18         Statutes 1997.  The references to "section 1 of

19         this act" in s. 130, ch. 97-237, Laws of

20         Florida, and s. 6, ch. 97-273, Laws of Florida,

21         were not updated to conform to the final

22         location of that material in the laws.  The

23         references became "section 127" for ch. 97-237

24         and "section 3" for ch. 97-273.  The material

25         was codified as s. 455.565 by the reviser.

26

27         Section 77.  Section 455.5654, Florida Statutes, is

28  amended to read:

29         455.5654  Practitioner profiles; rules;

30  workshops.--Effective upon this act becoming a law, the

31  Department of Health shall adopt rules for the form of a

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  1  practitioner profile that the agency is required to prepare.

  2  The Department of Health, pursuant to chapter 120, must hold

  3  public workshops for purposes of rule development to implement

  4  this section. An agency to which information is to be

  5  submitted under this act may adopt by rule a form for the

  6  submission of the information required under s. 455.565

  7  section 1.

  8

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

10         error, facilitate correct interpretation, and

11         conform to redesignation of references by the

12         reviser incident to compiling the Florida

13         Statutes 1997.  The references to "section 1"

14         by s. 131, ch. 97-237, Laws of Florida, and s.

15         7, ch. 97-273, Laws of Florida, were not

16         updated to conform to the final location of

17         that material in the laws.  The references

18         became "section 127" for ch. 97-237 and

19         "section 3" for ch. 97-273.  The material was

20         codified as s. 455.565 by the reviser.

21

22         Section 78.  Subsection (1) of section 455.607, Florida

23  Statutes, is amended to read:

24         455.607  Athletic trainers and massage therapists;

25  requirement for instruction on human immunodeficiency virus

26  and acquired immune deficiency syndrome.--

27         (1)  The board, or the department where there is no

28  board, shall require each person licensed or certified under

29  part XIII XIV of chapter 468 or chapter 480 to complete a

30  continuing educational course approved by the board, or the

31  department where there is no board, on human immunodeficiency

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  1  virus and acquired immune deficiency syndrome as part of

  2  biennial relicensure or recertification.  The course shall

  3  consist of education on modes of transmission, infection

  4  control procedures, clinical management, and prevention of

  5  human immunodeficiency virus and acquired immune deficiency

  6  syndrome, with an emphasis on appropriate behavior and

  7  attitude change.

  8

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

10         redesignation of parts necessitated by the

11         repeal of sections constituting former part XII

12         by s. 23, ch. 97-236, Laws of Florida.

13

14         Section 79.  Subsection (6) of section 455.621, Florida

15  Statutes, is amended to read:

16         455.621  Disciplinary proceedings.--Disciplinary

17  proceedings for each board shall be within the jurisdiction of

18  the department.

19         (6)  The appropriate board, with those members of the

20  panel, if any, who reviewed the investigation pursuant to

21  subsection (4)(5) being excused, or the department when there

22  is no board, shall determine and issue the final order in each

23  disciplinary case. Such order shall constitute final agency

24  action. Any consent order or agreed-upon settlement shall be

25  subject to the approval of the department.

26

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

28         facilitate correct interpretation. Subsection

29         (4) provides for a probable cause panel.

30

31

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  1         Section 80.  Paragraph (f) of subsection (2) of section

  2  455.667, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         455.667  Ownership and control of patient records;

  5  report or copies of records to be furnished.--

  6         (2)  As used in this section, the terms "records

  7  owner," "health care practitioner," and "health care

  8  practitioner's employer" do not include any of the following

  9  persons or entities; furthermore, the following persons or

10  entities are not authorized to acquire or own medical records,

11  but are authorized under the confidentiality and disclosure

12  requirements of this section to maintain those documents

13  required by the part or chapter under which they are licensed

14  or regulated:

15         (f)  Athletic trainers licensed under part XIII XIV of

16  chapter 468.

17

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

19         redesignation of parts necessitated by the

20         repeal of sections constituting former part XII

21         of chapter 468 by s. 23, ch. 97-236, Laws of

22         Florida.

23

24         Section 81.  Subsection (5) of section 458.311, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         458.311  Licensure by examination; requirements;

27  fees.--

28         (5)  The board may not certify to the department for

29  licensure any applicant who is under investigation in another

30  jurisdiction for an offense which would constitute a violation

31  of this chapter until such investigation is completed. Upon

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  1  completion of the investigation, the provisions of s. 458.331

  2  shall apply. Furthermore, the department may not issue an

  3  unrestricted license to any individual who has committed any

  4  act or offense in any jurisdiction which would constitute the

  5  basis for disciplining a physician pursuant to s. 458.331.

  6  When the board finds that an individual has committed an act

  7  or offense in any jurisdiction which would constitute the

  8  basis for disciplining a physician pursuant to s. 458.331,

  9  then the board may enter an order imposing one or more of the

10  terms set forth in subsection (8)(9).

11

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

13         redesignation of subsection (9) of s. 458.311

14         as subsection (8) necessitated by the repeal of

15         former subsection (8) by s. 20, ch. 95-145,

16         Laws of Florida.

17

18         Section 82.  Paragraph (b) of subsection (4) of section

19  458.320, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         458.320  Financial responsibility.--

22         (4)

23         (b)  If financial responsibility requirements are met

24  by maintaining an escrow account or letter of credit as

25  provided in this section, upon the entry of an adverse final

26  judgment arising from a medical malpractice arbitration award,

27  from a claim of medical malpractice either in contract or

28  tort, or from noncompliance with the terms of a settlement

29  agreement arising from a claim of medical malpractice either

30  in contract or tort, the licensee shall pay the entire amount

31  of the judgment together with all accrued interest, or the

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  1  amount maintained in the escrow account or provided in the

  2  letter of credit as required by this section, whichever is

  3  less, within 60 days after the date such judgment became final

  4  and subject to execution, unless otherwise mutually agreed to

  5  in writing by the parties.  If timely payment is not made by

  6  the physician, the department shall suspend the license of the

  7  physician pursuant to procedures set forth in subparagraphs

  8  (5)(g)3., 4., and 5(5)(g)2., 3., and 4.  Nothing in this

  9  paragraph shall abrogate a judgment debtor's obligation to

10  satisfy the entire amount of any judgment.

11

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

13         redesignation of subparagraphs (5)(g)2., 3.,

14         and 4. of s. 458.320 as subparagraphs (5)(g)3.,

15         4., and 5. by s. 144, ch. 97-237, Laws of

16         Florida, and s. 20, ch. 97-273, Laws of

17         Florida.

18

19         Section 83.  Paragraph (b) of subsection (4) of section

20  459.0085, Florida Statutes, 1998 Supplement, is amended to

21  read:

22         459.0085  Financial responsibility.--

23         (4)

24         (b)  If financial responsibility requirements are met

25  by maintaining an escrow account or letter of credit as

26  provided in this section, upon the entry of an adverse final

27  judgment arising from a medical malpractice arbitration award,

28  from a claim of medical malpractice either in contract or

29  tort, or from noncompliance with the terms of a settlement

30  agreement arising from a claim of medical malpractice either

31  in contract or tort, the licensee shall pay the entire amount

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  1  of the judgment together with all accrued interest or the

  2  amount maintained in the escrow account or provided in the

  3  letter of credit as required by this section, whichever is

  4  less, within 60 days after the date such judgment became final

  5  and subject to execution, unless otherwise mutually agreed to

  6  in writing by the parties.  If timely payment is not made by

  7  the osteopathic physician, the department shall suspend the

  8  license of the osteopathic physician pursuant to procedures

  9  set forth in subparagraphs (5)(g)3., 4., and 5(5)(g)2., 3.,

10  and 4. Nothing in this paragraph shall abrogate a judgment

11  debtor's obligation to satisfy the entire amount of any

12  judgment.

13

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

15         redesignation of subparagraphs (5)(g)2., 3.,

16         and 4. of s. 459.0085 as subparagraphs

17         (5)(g)3., 4., and 5. by s. 145, ch. 97-237,

18         Laws of Florida, and s. 21, ch. 97-273, Laws of

19         Florida.

20

21         Section 84.  Section 459.018, Florida Statutes, is

22  amended to read:

23         459.018  Search warrants for certain violations.--When

24  the department has reason to believe that violations of s.

25  459.015(1)(t) 459.015(1)(u) or s. 459.015(1)(u) 459.015(1)(v)

26  have occurred or are occurring, its agents or other duly

27  authorized persons may search an osteopathic physician's place

28  of practice for purposes of securing such evidence as may be

29  needed for prosecution.  Such evidence shall not include any

30  medical records of patients unless pursuant to the patient's

31  written consent.  Notwithstanding the consent of the patient,

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  1  such records maintained by the department are confidential and

  2  exempt from s. 119.07(1). This section shall not limit the

  3  psychotherapist-patient privileges of s. 90.503.  Prior to a

  4  search, the department shall secure a search warrant from any

  5  judge authorized by law to issue search warrants. The search

  6  warrant shall be issued upon probable cause, supported by oath

  7  or affirmation particularly describing the things to be

  8  seized.  The application for the warrant shall be sworn to and

  9  subscribed, and the judge may require further testimony from

10  witnesses, supporting affidavits, or depositions in writing to

11  support the application.  The application and supporting

12  information, if required, must set forth the facts tending to

13  establish the grounds of the application or probable cause

14  that they exist. If the judge is satisfied that probable cause

15  exists, he or she shall issue a search warrant signed by him

16  or her with the judge's name of office to any agent or other

17  person duly authorized by the department to execute process,

18  commanding the agent or person to search the place described

19  in the warrant for the property specified.  The search warrant

20  shall be served only by the agent or person mentioned in it

21  and by no other person except an aide of the agent or person

22  when such agent or person is present and acting in its

23  execution.

24

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

26         redesignation of subunits necessitated by the

27         repeal of former s. 459.015(1)(k) by s. 2, ch.

28         92-178, Laws of Florida.

29

30         Section 85.  Paragraph (t) of subsection (1) of section

31  462.14, Florida Statutes, is amended to read:

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  1         462.14  Grounds for disciplinary action; action by the

  2  department.--

  3         (1)  The following acts constitute grounds for which

  4  the disciplinary actions specified in subsection (2) may be

  5  taken:

  6         (t)  Gross or repeated malpractice or the failure to

  7  practice naturopathic medicine with that level of care, skill,

  8  and treatment which is recognized by a reasonably prudent

  9  similar physician as being acceptable under similar conditions

10  and circumstances.  The department shall give great weight to

11  the provisions of s. 766.102 768.45 when enforcing this

12  paragraph.

13

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

15         redesignation of s. 768.45 as s. 766.102 by the

16         reviser incident to compiling the 1988

17         Supplement to the Florida Statutes 1987.

18

19         Section 86.  Section 466.014, Florida Statutes, is

20  amended to read:

21         466.014  Continuing education; dental hygienists.--In

22  addition to the other requirements for relicensure for dental

23  hygienists set out in this act, the board shall require each

24  licensed dental hygienist to complete not less than 24 hours

25  or more than 36 hours of continuing professional education in

26  dental subjects, biennially, in programs prescribed or

27  approved by the board or in equivalent programs of continuing

28  education. Programs of continuing education approved by the

29  board shall be programs of learning which, in the opinion of

30  the board, contribute directly to the dental education of the

31  dental hygienist.  The board shall adopt rules and guidelines

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  1  to administer and enforce the provisions of this section.  In

  2  applying for license renewal, the dental hygienist shall

  3  submit a sworn affidavit, on a form acceptable to the

  4  department, attesting that she or he has completed the

  5  continuing education required in this section in accordance

  6  with the guidelines and provisions of this section and listing

  7  the date, location, sponsor, subject matter, and hours of

  8  completed continuing education courses.  The applicant shall

  9  retain in her or his records such receipts, vouchers, or

10  certificates as may be necessary to document completion of the

11  continuing education courses listed in accordance with this

12  section. With cause, the board may request such documentation

13  by the applicant, and the board may request such documentation

14  from applicants selected at random without cause.  Compliance

15  with the continuing education requirements shall be mandatory

16  for issuance of the renewal certificate.  The board shall have

17  the authority to excuse licensees, as a group or as

18  individuals, from the continuing educational requirements, or

19  any part thereof, in the event an unusual circumstance,

20  emergency, or hardship has prevented compliance with this

21  section subsection.

22

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

24         facilitate correct interpretation. Section

25         466.014 is not divided into subsections.

26

27         Section 87.  Subsection (5) of section 468.1655,

28  Florida Statutes, is amended to read:

29         468.1655  Definitions.--As used in this part:

30         (5)  "Nursing home" means an institution or facility

31  licensed as such under part II I of chapter 400.

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

  2         redesignation of part I of chapter 400 as part

  3         II necessitated by the creation of a new part I

  4         incident to the compilation of ss. 1-16, ch.

  5         93-177, Laws of Florida.

  6

  7         Section 88.  Subsection (4) of section 468.1695,

  8  Florida Statutes, is amended to read:

  9         468.1695  Licensure by examination.--

10         (4)  Any person who has been approved by the board to

11  take the examination for a nursing home administrator's

12  license or participate in an approved

13  administrator-in-training program before the provisions of

14  subsection (3) or subsection (2)(4) take effect shall be

15  exempt from qualifications specified therein.

16

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

18         redesignation of subunits of s. 468.1695 by s.

19         31, ch. 92-173, Laws of Florida, and the

20         subsequent repeal of former subsection (2) and

21         further redesignation of subunits by s. 5, ch.

22         93-259, Laws of Florida.

23

24         Section 89.  Paragraph (a) of subsection (2) of section

25  468.307, Florida Statutes, 1998 Supplement, is amended to

26  read:

27         468.307  Certificate; issuance; possession; display.--

28         (2)(a)  The department may, at its discretion, issue a

29  temporary certificate to:

30         1.  An applicant who has completed an educational

31  program and is awaiting examination for a certificate

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  1  specified in s. 468.302(2)(b), (c), (e), or (f), if the

  2  applicant has met all other requirements established pursuant

  3  to s. 468.304.

  4         2.  A basic X-ray machine operator, if such person is

  5  under the direct supervision of a licensed practitioner and

  6  the licensed practitioner has not requested issuance of a

  7  temporary certificate within the previous 18 months, upon

  8  application by a licensed practitioner who is practicing in an

  9  office of five or of fewer licensed practitioners.

10         3.  A basic X-ray machine operator-podiatric medicine,

11  if such person is under the direct supervision of a licensed

12  podiatric physician and the licensed podiatric physician has

13  not requested issuance of a temporary certificate within the

14  previous 18 months, upon application by a licensed podiatric

15  physician who is practicing in an office of five or fewer

16  licensed podiatric physicians.

17

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

19         facilitate correct interpretation.

20

21         Section 90.  Paragraph (l) of subsection (1) of section

22  468.505, Florida Statutes, 1998 Supplement, is amended to

23  read:

24         468.505  Exemptions; exceptions.--

25         (1)  Nothing in this part may be construed as

26  prohibiting or restricting the practice, services, or

27  activities of:

28         (l)  A person employed by a nursing facility exempt

29  from licensing under s. 395.002(13) 395.002(14), or a person

30  exempt from licensing under s. 464.022.

31

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

  2         redesignation of s. 395.002(14) as s.

  3         395.002(13) by the reviser incident to the

  4         compilation of the 1998 Supplement to the

  5         Florida Statutes 1997.

  6

  7         Section 91.  Paragraph (c) of subsection (2) of section

  8  468.605, Florida Statutes, 1998 Supplement, is amended to

  9  read:

10         468.605  Florida Building Code Administrators and

11  Inspectors Board.--

12         (2)  The board shall consist of nine members, as

13  follows:

14         (c)  Two members serving as inspectors an inspector.

15

16  None of the board members described in paragraph (a) or

17  paragraph (f) may be an employee of a municipal, county, or

18  state governmental agency.

19

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

21         facilitate correct interpretation.

22

23         Section 92.  Subsection (3) of section 469.005, Florida

24  Statutes, 1998 Supplement, is amended to read:

25         469.005  License requirements.--All applicants for

26  licensure as either asbestos consultants or asbestos

27  contractors shall:

28         (3)  When applying for licensure as an as asbestos

29  contractor, successfully complete the following

30  department-approved courses:

31

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  1         (a)  An asbestos contractor/supervisor course. Such

  2  course shall consist of not less than 5 days of instruction.

  3         (b)  A respiratory protection course. Such course shall

  4  consist of not less than 3 days of instruction.

  5

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

  7         facilitate correct interpretation.

  8

  9         Section 93.  Section 471.045, Florida Statutes, 1998

10  Supplement, is amended to read:

11         471.045  Professional engineers performing building

12  code inspector duties.--Notwithstanding any other provision of

13  law, a person who is currently licensed under this chapter to

14  practice as a professional engineer may provide building

15  inspection services described in s. 468.603(6) and (7) to a

16  local government or state agency upon its request, without

17  being certified by the Board of Building Code Administrators

18  and Inspectors under part XII XIII of chapter 468. When

19  performing these building inspection services, the

20  professional engineer is subject to the disciplinary

21  guidelines of this chapter and s. 468.621(1)(c)-(g). Any

22  complaint processing, investigation, and discipline that arise

23  out of a professional engineer's performing building

24  inspection services shall be conducted by the Board of

25  Professional Engineers rather than the Board of Building Code

26  Administrators and Inspectors. A professional engineer may not

27  perform plans review as an employee of a local government upon

28  any job that the professional engineer or the professional

29  engineer's company designed.

30

31

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

  2         error. Building code administrators and

  3         inspectors are regulated under part XII of

  4         chapter 468.

  5

  6         Section 94.  Paragraph (a) of subsection (7) of section

  7  473.302, Florida Statutes, 1998 Supplement, is amended to

  8  read:

  9         473.302  Definitions.--As used in this chapter, the

10  term:

11         (7)  "Practice of," "practicing public accountancy," or

12  "public accounting" means:

13         (a)  Offering to perform or performing for the public

14  one or more types of services involving the expression of an

15  opinion on financial statements, the attestation as an expert

16  in accountancy to the reliability or fairness of presentation

17  of financial information, the utilization of any form of

18  opinion or financial statements that provide a level of

19  assurance, the utilization of any form of disclaimer of

20  opinion which conveys an assurance of reliability as to

21  matters not specifically disclaimed, or the expression of an

22  opinion on the reliability of an assertion by one party for

23  the use by a third party;

24

25  However, these terms shall not include services provided by

26  the American Institute of Certified Public Accountants or the

27  Florida Institute of Certified Public Accountants, or any full

28  service association of certified public accounting firms whose

29  plans of administration have been approved by the board, to

30  their members or services performed by these entities in

31

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  1  reviewing the services provided to the public by members of

  2  these entities.

  3

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

  5         facilitate correct interpretation.

  6

  7         Section 95.  Subsections (23) and (24) of section

  8  479.01, Florida Statutes, are amended to read:

  9         479.01  Definitions.--As used in this chapter, the

10  term:

11         (23)  "Unzoned commercial or industrial area" means an

12  area within 660 feet of the nearest edge of the right-of-way

13  of the interstate or federal-aid primary system where the land

14  use is not covered by a future land use map or zoning

15  regulation pursuant to subsection (3)(2), in which there are

16  located three or more separate and distinct industrial or

17  commercial uses located within a 1,600-foot radius of each

18  other and generally recognized as commercial or industrial by

19  zoning authorities in this state. Certain activities,

20  including, but not limited to, the following, may not be so

21  recognized:

22         (a)  Signs.

23         (b)  Agricultural, forestry, ranching, grazing,

24  farming, and related activities, including, but not limited

25  to, wayside fresh produce stands.

26         (c)  Transient or temporary activities.

27         (d)  Activities not visible from the main-traveled way.

28         (e)  Activities conducted more than 660 feet from the

29  nearest edge of the right-of-way.

30         (f)  Activities conducted in a building principally

31  used as a residence.

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  1         (g)  Railroad tracks and minor sidings.

  2         (24)  "Urban area" has the same meaning as defined in

  3  s. 334.03(32) 334.03(28).

  4

  5         Reviser's note.--Subsection (23) is amended to

  6         conform to the redesignation of former

  7         subsection (2) of s. 479.01 as subsection (3)

  8         by s. 32, ch. 94-237, Laws of Florida.

  9         Subsection (24) is amended to conform to the

10         redesignation of s. 334.03(28) as s. 334.03(32)

11         by s. 2, ch. 93-164, Laws of Florida.

12

13         Section 96.  Section 481.222, Florida Statutes, 1998

14  Supplement, is amended to read:

15         481.222  Architects performing building code inspector

16  duties.--Notwithstanding any other provision of law, a person

17  who is currently licensed to practice as an architect under

18  this part may provide building inspection services described

19  in s. 468.603(6) and (7) to a local government or state agency

20  upon its request, without being certified by the Board of

21  Building Code Administrators and Inspectors under part XII

22  XIII of chapter 468. With respect to the performance of such

23  building inspection services, the architect is subject to the

24  disciplinary guidelines of this part and s. 468.621(1)(c)-(g).

25  Any complaint processing, investigation, and discipline that

26  arise out of an architect's performance of building inspection

27  services shall be conducted by the Board of Architecture and

28  Interior Design rather than the Board of Building Code

29  Administrators and Inspectors. An architect may not perform

30  plans review as an employee of a local government upon any job

31  that the architect or the architect's company designed.

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

  2         error. Building code administrators and

  3         inspectors are regulated under part XII of

  4         chapter 468.

  5

  6         Section 97.  Paragraph (a) of subsection (1) and

  7  subsection (2) of section 483.23, Florida Statutes, are

  8  amended to read:

  9         483.23  Offenses; criminal penalties.--

10         (1)(a)  It is unlawful for any person to:

11         1.  Operate, maintain, direct, or engage in the

12  business of operating a clinical laboratory unless she or he

13  has obtained a clinical laboratory license from the agency or

14  is exempt under s. 483.031.

15         2.  Conduct, maintain, or operate a clinical

16  laboratory, other than an exempt laboratory or a laboratory

17  operated under s. 483.035, unless the clinical laboratory is

18  under the direct and responsible supervision and direction of

19  a person licensed under part III IV of this chapter.

20         3.  Allow any person other than an individual licensed

21  under part III IV of this chapter to perform clinical

22  laboratory procedures, except in the operation of a laboratory

23  exempt under s. 483.031 or a laboratory operated under s.

24  483.035.

25         4.  Violate or aid and abet in the violation of any

26  provision of this part or the rules adopted under this part.

27         (2)  Any use or attempted use of a forged license under

28  this part or part III IV of this chapter constitutes the crime

29  of forgery.

30

31

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

  2         redesignation of part IV of chapter 483 as part

  3         III necessitated by the repeal of sections

  4         constituting former part III by s. 1, ch.

  5         96-108, Laws of Florida.

  6

  7         Section 98.  Subsection (6) of section 483.811, Florida

  8  Statutes, is reenacted to read:

  9         483.811  Approval of laboratory personnel training

10  programs.--

11         (6)  If the board finds that an approved program no

12  longer meets the required standards, the department may

13  rescind the approval.

14

15         Reviser's note.--Section 22, ch. 93-178, Laws

16         of Florida, purported to amend s. 483.811(4)

17         and redesignated it as subsection (6), but

18         failed to republish the phrase "may rescind the

19         approval" at the end of the subsection.  In the

20         absence of affirmative evidence that the

21         Legislature intended to repeal the phrase,

22         subsection (6) is reenacted to confirm that the

23         omission was not intended.

24

25         Section 99.  Subsection (12) of section 483.825,

26  Florida Statutes, is amended to read:

27         483.825  Grounds for disciplinary action.--The

28  following acts constitute grounds for which disciplinary

29  actions specified in s. 483.827 may be taken against

30  applicants, registrants, and licensees under this part:

31

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  1         (12)  Being unable to perform or report clinical

  2  laboratory examinations with reasonable skill and safety to

  3  patients by reason of illness or use of alcohol, drugs,

  4  narcotics, chemicals, or any other type of material or as a

  5  result of any mental or physical condition.  In enforcing this

  6  subsection paragraph, the department shall have, upon a

  7  finding of the secretary or his or her designee that probable

  8  cause exists to believe that the licensee is unable to

  9  practice because of the reasons stated in this subsection

10  paragraph, the authority to issue an order to compel a

11  licensee to submit to a mental or physical examination by

12  physicians designated by the department.  If the licensee

13  refuses to comply with such order, the department's order

14  directing such examination may be enforced by filing a

15  petition for enforcement in the circuit court where the

16  licensee resides or does business.  The department shall be

17  entitled to the summary procedure provided in s. 51.011.  A

18  licensee affected under this subsection paragraph shall at

19  reasonable intervals be afforded an opportunity to demonstrate

20  that he or she can resume competent practice with reasonable

21  skill and safety to patients.

22

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

24         facilitate correct interpretation.  Subsection

25         (12) is not divided into paragraphs.

26

27         Section 100.  Subsection (1) of section 487.048,

28  Florida Statutes, is amended to read:

29         487.048  Dealer's license; records.--

30         (1)  Each person holding or offering for sale, selling,

31  or distributing restricted-use pesticides shall obtain a

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  1  dealer's license from the department.  Application for the

  2  license shall be made on a form prescribed by the department.

  3  The license must be obtained before entering into business or

  4  transferring ownership of a business.  The department may

  5  require examination or other proof of competency of

  6  individuals to whom licenses are issued or of individuals

  7  employed by persons to whom licenses are issued. Demonstration

  8  of continued competency may be required for license renewal,

  9  as set by rule.  The license shall be renewed annually as

10  provided by rule.  An annual license fee not exceeding $250

11  shall be established by rule.  However, a user of a

12  restricted-use pesticide may distribute unopened containers of

13  a properly labeled pesticide to another user who is legally

14  entitled to use that restricted-use pesticide without

15  obtaining a pesticide dealer's license.  The exclusive purpose

16  of distribution of the restricted-use pesticide is to keep it

17  from becoming a hazardous waste as defined in s. 403.703(21)

18  403.703(23).

19

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

21         redesignation of s. 403.703(23) as s.

22         403.703(21) necessitated by the repeal of s.

23         403.703(18) and (19) by s. 8, ch. 93-207, Laws

24         of Florida.

25

26         Section 101.  Subsection (5) of section 489.103,

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

28         489.103  Exemptions.--This part does not apply to:

29         (5)  Public utilities, including special gas districts

30  as defined in chapter 189, telecommunications companies as

31  defined in s. 364.02(12) 364.02(7), and natural gas

                                 131

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  1  transmission companies as defined in s. 368.103(4), on

  2  construction, maintenance, and development work performed by

  3  their employees, which work, including, but not limited to,

  4  work on bridges, roads, streets, highways, or railroads, is

  5  incidental to their business. The board shall define, by rule,

  6  the term "incidental to their business" for purposes of this

  7  subsection.

  8

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

10         redesignation of s. 364.02(7) as s. 364.02(12)

11         by s. 6, ch. 95-403, Laws of Florida.

12

13         Section 102.  Paragraph (a) of subsection (1) of

14  section 489.1136, Florida Statutes, 1998 Supplement, is

15  amended to read:

16         489.1136  Medical gas certification.--

17         (1)(a)  In addition to the certification or

18  registration required to engage in business as a plumbing

19  contractor, any plumbing contractor who wishes to engage in

20  the business of installation, improvement, repair, or

21  maintenance of any tubing, pipe, or similar conduit used to

22  transport gaseous or partly gaseous substances for medical

23  purposes shall take, as part of the contractor's continuing

24  education requirement, at least once during the holding of

25  such license, a course of at least of 6 hours. Such course

26  shall be given by an instructional facility or teaching entity

27  that has been approved by the board. In order for a course to

28  be approved, the board must find that the course is designed

29  to teach familiarity with the National Fire Prevention

30  Association Standard 99C (Standard on Gas and Vacuum Systems,

31  latest edition) and also designed to teach familiarity and

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  1  practical ability in performing and inspecting brazing duties

  2  required of medical gas installation, improvement, repair, or

  3  maintenance work. Such course shall issue a certificate of

  4  completion to the taker of the course, which certificate shall

  5  be available for inspection by any entity or person seeking to

  6  have such contractor engage in the business of installation,

  7  improvement, repair, or maintenance of a medical gas system.

  8

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

10         facilitate correct interpretation.

11

12         Section 103.  Subsection (10) of section 489.131,

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

14         489.131  Applicability.--

15         (10)  No municipal or county government may issue any

16  certificate of competency or license for any contractor

17  defined in s. 489.105(3)(a)-(o) after July 1, 1993, unless

18  such local government exercises disciplinary control and

19  oversight over such locally licensed contractors, including

20  forwarding a recommended order in each action to the board as

21  provided in subsection (7). Each local board that licenses and

22  disciplines contractors must have at least two consumer

23  representatives on that board. If the board has seven or more

24  members, at least three of those members must be consumer

25  representatives. The consumer representative may be any

26  resident of the local jurisdiction who that is not, and has

27  never been, a member or practitioner of a profession regulated

28  by the board or a member of any closely related profession.

29

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

31         facilitate correct interpretation.

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  1         Section 104.  Subsection (6) of section 489.133,

  2  Florida Statutes, is amended to read:

  3         489.133  Pollutant storage systems specialty

  4  contractors; definitions; certification; restrictions.--

  5         (6)  Any person who operates as a pollutant storage

  6  systems specialty contractor, precision tank tester, or

  7  internal pollutant storage tank lining applicator in violation

  8  of this section or any person who violates subsection (5)(6)

  9  commits a felony of the third degree, punishable as provided

10  in s. 775.082, s. 775.083, or s. 775.084.

11

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

13         redesignation of former subsection (6) of s.

14         489.133 as subsection (5) by s. 30, ch. 93-166,

15         Laws of Florida.

16

17         Section 105.  Subsection (1) of section 489.140,

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

19         489.140  Construction Industries Recovery Fund.--There

20  is created the Florida Construction Industries Recovery Fund

21  as a separate account in the Professional Regulation Trust

22  Fund.

23         (1)  The Florida Construction Industries Recovery Fund

24  shall be disbursed as provided in s. 489.143, on order of the

25  board, as reimbursement to any natural person adjudged by a

26  court of competent jurisdiction to have suffered monetary

27  damages, or to whom the licensee has been ordered to pay

28  restitution by the board, where the judgment or restitution

29  order is based on a violation of s. 489.129(1)(g), (j), or (k)

30  489.129(1)(d), (h), (k), or (l), committed by any contractor,

31  financially responsible officer, or business organization

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  1  licensed under the provisions of this part at the time the

  2  violation was committed, and providing that the violation

  3  occurs after July 1, 1993.

  4

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

  6         repeal of s. 489.129(1)(d) by s. 9, ch. 98-419,

  7         Laws of Florida, and the redesignation of s.

  8         489.129(1)(h), (k), and (l) as s.

  9         489.129(1)(g), (j), and (k) necessitated by the

10         repeal of paragraph (1)(d).

11

12         Section 106.  Paragraph (a) of subsection (1) of

13  section 489.141, Florida Statutes, 1998 Supplement, is amended

14  to read:

15         489.141  Conditions for recovery; eligibility.--

16         (1)  Any person is eligible to seek recovery from the

17  Construction Industries Recovery Fund after having made a

18  claim and exhausting the limits of any available bond, cash

19  bond, surety, guarantee, warranty, letter of credit, or policy

20  of insurance, if:

21         (a)  Such person has received final judgment in a court

22  of competent jurisdiction in this state in any action wherein

23  the cause of action was based on a construction contract or

24  the Construction Industry Licensing Board has issued a final

25  order directing the licensee to pay restitution to the

26  claimant based upon a violation of s. 489.129(1)(g), (j) or

27  (k) 489.129(1)(d), (h), (k), or (l), where the contract was

28  executed and the violation occurred on or after July 1, 1993,

29  and provided that:

30         1.a.  Such person has caused to be issued a writ of

31  execution upon such judgment, and the officer executing the

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  1  writ has made a return showing that no personal or real

  2  property of the judgment debtor or licensee liable to be

  3  levied upon in satisfaction of the judgment can be found or

  4  that the amount realized on the sale of the judgment debtor's

  5  or licensee's property pursuant to such execution was

  6  insufficient to satisfy the judgment; or

  7         b.  If such person is unable to comply with

  8  sub-subparagraph a. for a valid reason to be determined by the

  9  board, such person has made all reasonable searches and

10  inquiries to ascertain whether the judgment debtor or licensee

11  is possessed of real or personal property or other assets

12  subject to being sold or applied in satisfaction of the

13  judgment and by his or her search has discovered no property

14  or assets or has discovered property and assets and has taken

15  all necessary action and proceedings for the application

16  thereof to the judgment but the amount thereby realized was

17  insufficient to satisfy the judgment; or

18         2.  The claimant has made a diligent attempt, as

19  defined by board rule, to collect the restitution awarded by

20  the board;

21

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

23         repeal of s. 489.129(1)(d) by s. 9, ch. 98-419,

24         Laws of Florida, and the redesignation of s.

25         489.129(1)(h), (k), and (l) as s.

26         489.129(1)(g), (j), and (k) necessitated by the

27         repeal of paragraph (1)(d).

28

29         Section 107.  Subsection (3) of section 489.519,

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

31         489.519  Inactive status.--

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  1         (3)  The board shall impose, by rule, continuing

  2  education requirements for inactive certificateholders, when

  3  inactive status is sought by certificateholders who are also

  4  building code administrators, plans examiners, or inspectors

  5  certified pursuant to part XII XIII of chapter 468.

  6

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

  8         error.  Building code administrators and

  9         inspectors are regulated under part XII of

10         chapter 468.

11

12         Section 108.  Paragraph (i) of subsection (1) of

13  section 489.531, Florida Statutes, 1998 Supplement, is amended

14  to read:

15         489.531  Prohibitions; penalties.--

16         (1)  A person may not:

17         (i)  Commence or perform work for which a building

18  permit is required pursuant to part VII of chapter 553 533

19  code without the building permit being in effect; or

20

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

22         error.  Chapter 533, which relates to mining

23         wastes, is not divided into parts, and part VII

24         of chapter 553 relates to building permits.

25         The word "code" is deleted to improve clarity

26         and facilitate correct interpretation.

27

28         Section 109.  Section 494.00421, Florida Statutes, is

29  amended to read:

30         494.00421  Fees earned upon obtaining a bona fide

31  commitment.--Notwithstanding the provisions of ss.

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  1  494.001-494.0077, any mortgage brokerage business which

  2  contracts to receive from a borrower a mortgage brokerage fee

  3  upon obtaining a bona fide commitment shall accurately

  4  disclose in the mortgage brokerage agreement:

  5         (1)  The gross loan amount.

  6         (2)  In the case of a fixed-rate mortgage, the note

  7  rate.

  8         (3)  In the case of an adjustable rate mortgage:

  9         (a)  The initial note rate.

10         (b)  The length of time for which the initial note rate

11  is effective.

12         (c)  The frequency of changes.

13         (d)  The limitation upon such changes including

14  adjustment to adjustment cap and life cap.

15         (e)  Whether the loan has any potential for negative

16  amortization.

17         (f)  Identification of the margin-interest rate

18  differential.

19         (g)  Identification of a nationally recognized index

20  which index must be free from control of the mortgage broker,

21  mortgage brokerage business, mortgage lender, or correspondent

22  mortgage lender.

23         (4)  The estimated net proceeds to be paid directly to

24  the borrower. "Estimated net proceeds" means the cash to be

25  received by the borrower after payment of any fees, charges,

26  debts, liens, or encumbrances to perfect the lien of the new

27  mortgage and establish the agreed-upon priority of the new

28  mortgage.

29         (5)  The lien priority of the new proposed mortgage.

30

31

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  1         (6)  The number of calendar days, which are mutually

  2  agreed upon, within which the mortgage brokerage business

  3  shall obtain a bona fide mortgage commitment.

  4         (7)(a)  The following statement, in no less than

  5  12-point boldface type immediately above the signature lines

  6  for the borrowers:

  7

  8  "You are entering into a contract with a mortgage brokerage

  9  business to obtain a bona fide mortgage loan commitment under

10  the same terms and conditions as stated hereinabove or in a

11  separate executed good faith estimate form.  If the mortgage

12  brokerage business obtains a bona fide commitment under the

13  same terms and conditions, you will be obligated to pay the

14  mortgage brokerage business fees, including, but not limited

15  to, a mortgage brokerage fee, even if you choose not to

16  complete the loan transaction.  If the provisions of s.

17  494.00421, Florida Statutes, are not met, the mortgage

18  brokerage fee can only be earned upon the funding of the

19  mortgage loan.  The borrower may contact the Department of

20  Banking and Finance, Division of Finance, Tallahassee,

21  Florida, regarding any complaints that the borrower may have

22  against the mortgage broker or the mortgage brokerage

23  business.  The telephone number of the department as set by

24  rule of the department is:  ...[insert telephone number]...."

25         (b)  Paragraph (a) does not apply to nonresidential

26  mortgage loan commitments in excess of $1 million.

27         (8)  Any other disclosure required pursuant to s.

28  494.0038.

29

30  The Department of Banking and Finance shall review the effects

31  of this section on consumers and shall issue a written report,

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  1  by January 31, 1997, to the President of the Senate and the

  2  Speaker of the House of Representatives. Such report shall

  3  summarize the findings of the department's review and include

  4  recommended changes, if any, to this section.

  5

  6         Reviser's note.--Amended to repeal language

  7         that has served its purpose.  The report on the

  8         review was due January 31, 1997.

  9

10         Section 110.  Subsections (2) and (3) of section

11  497.255, Florida Statutes, 1998 Supplement, are amended to

12  read:

13         497.255  Standards for construction and significant

14  alteration or renovation of mausoleums and columbaria.--

15         (2)  The board shall adopt, by no later than July 1,

16  1999, rules establishing minimum standards for all newly

17  constructed and significantly altered or renovated mausoleums

18  and columbaria; however, in the case of significant

19  alterations or renovations to existing structures, the rules

20  shall apply only, when physically feasible, to the newly

21  altered or renovated portion of such structures, except as

22  specified in subsection (4).  In developing and promulgating

23  said rules, the board may define different classes of

24  structures or construction standards, and may provide for

25  different rules to apply to each of said classes, if the

26  designation of classes and the application of different rules

27  is in the public interest and is supported by findings by the

28  board based on evidence of industry practices, economic and

29  physical feasibility, location, or intended uses; provided,

30  that the rules shall provide minimum standards applicable to

31  all construction.  For example, and without limiting the

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  1  generality of the foregoing, the board may determine that a

  2  small single-story ground level mausoleum does not require the

  3  same level of construction standards that a large multistory

  4  mausoleum might require; or that a mausoleum located in a

  5  low-lying area subject to frequent flooding or hurricane

  6  threats might require different standards than one located on

  7  high ground in an area not subject to frequent severe weather

  8  threats.  The board shall develop the rules in cooperation

  9  with, and with technical assistance from, the Florida Building

10  Commission Board of Building Codes and Standards of the

11  Department of Community Affairs, to ensure that the rules are

12  in the proper form and content to be included as part of the

13  State Minimum Building Codes under part VII of chapter 553. If

14  the Florida Building Commission Board of Building Codes and

15  Standards advises that some of the standards proposed by the

16  board are not appropriate for inclusion in such building

17  codes, the board may choose to include those standards in a

18  distinct chapter of its rules entitled "Non-Building-Code

19  Standards for Mausoleums" or "Additional Standards for

20  Mausoleums," or other terminology to that effect. If the board

21  elects to divide the standards into two or more chapters, all

22  such rules shall be binding on licensees and others subject to

23  the jurisdiction of the board, but only the chapter containing

24  provisions appropriate for building codes shall be transmitted

25  to the Florida Building Commission Board of Building Codes and

26  Standards pursuant to subsection (3). Such rules may be in the

27  form of standards for design and construction; methods,

28  materials, and specifications for construction; or other

29  mechanisms. Such rules shall encompass, at a minimum, the

30  following standards:

31

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  1         (a)  No structure may be built or significantly altered

  2  for use for interment, entombment, or inurnment purposes

  3  unless constructed of such material and workmanship as will

  4  ensure its durability and permanence, as well as the safety,

  5  convenience, comfort, and health of the community in which it

  6  is located, as dictated and determined at the time by modern

  7  mausoleum construction and engineering science.

  8         (b)  Such structure must be so arranged that the

  9  exterior of any vault, niche, or crypt may be readily examined

10  at any time by any person authorized by law to do so.

11         (c)  Such structure must contain adequate provision for

12  drainage and ventilation.

13         (d)  Such structure must be of fire-resistant

14  construction. Notwithstanding the requirements of s. 553.895

15  and chapter 633, any mausoleum or columbarium constructed of

16  noncombustible materials, as defined in the Standard Building

17  Code, shall not require a sprinkler system.

18         (e)  Such structure must be resistant to hurricane and

19  other storm damage to the highest degree provided under

20  applicable building codes for buildings of that class.

21         (f)  Suitable provisions must be made for securely and

22  permanently sealing each crypt with durable materials after

23  the interment or entombment of human remains, so that no

24  effluvia or odors may escape therefrom except as provided by

25  design and sanitary engineering standards. Panels for

26  permanent seals must be solid and constructed of materials of

27  sufficient weight, permanence, density, imperviousness, and

28  strength as to ensure their durability and continued

29  functioning. Permanent crypt sealing panels must be securely

30  installed and set in with high quality fire-resistant,

31  resilient, and durable materials after the interment or

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  1  entombment of human remains. The outer or exposed covering of

  2  each crypt must be of a durable, permanent, fire-resistant

  3  material; however, plastic, fiberglass, and wood are not

  4  acceptable materials for such outer or exposed coverings.

  5         (g)  Interior and exterior fastenings for hangers,

  6  clips, doors, and other objects must be of copper, copper-base

  7  alloy, aluminum, or stainless steel of adequate gauges, or

  8  other materials established by rule which provide equivalent

  9  or better strength and durability, and must be properly

10  installed.

11         (3)  The board shall transmit the rules as adopted

12  under subsection (2), hereinafter referred to as the

13  "mausoleum standards," to the Florida Building Commission

14  Board of Building Codes and Standards, which shall initiate

15  rulemaking under chapter 120 to consider such mausoleum

16  standards. If such mausoleum standards are not deemed

17  acceptable, they shall be returned by the Florida Building

18  Commission Board of Building Codes and Standards to the board

19  with details of changes needed to make them acceptable. If

20  such mausoleum standards are acceptable, the Florida Building

21  Commission Board of Building Codes and Standards shall adopt a

22  rule designating the mausoleum standards as an approved

23  revision to the State Minimum Building Codes under part VII of

24  chapter 553. When so designated by the Florida Building

25  Commission Board of Building Codes and Standards, such

26  mausoleum standards shall become a required element of the

27  State Minimum Building Codes under s. 553.73(2) and shall be

28  transmitted to each local enforcement agency, as defined in s.

29  553.71(5). Such local enforcement agency shall consider and

30  inspect for compliance with such mausoleum standards as if

31  they were part of the local building code, but shall have no

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  1  continuing duty to inspect after final approval of the

  2  construction pursuant to the local building code. Any further

  3  amendments to the mausoleum standards shall be accomplished by

  4  the same procedure. Such designated mausoleum standards, as

  5  from time to time amended, shall be a part of the State

  6  Minimum Building Codes under s. 553.73 until the adoption and

  7  effective date of a new statewide uniform minimum building

  8  code, which may supersede the mausoleum standards as provided

  9  by the law enacting the new statewide uniform minimum building

10  code.

11

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

13         redesignation of the Board of Building Codes

14         and Standards as the Florida Building

15         Commission by s. 41, ch. 98-287, Laws of

16         Florida.

17

18         Section 111.  Paragraph (x) of subsection (1) of

19  section 500.03, Florida Statutes, is amended to read:

20         500.03  Definitions of terms; construction;

21  applicability.--

22         (1)  For the purpose of this chapter, the term:

23         (x)  "Pesticide chemical" means any substance which,

24  alone, in chemical combination, or in formulation with one or

25  more other substances is a "pesticide" within the meaning of

26  the Florida Pesticide Law, part I of chapter 487, and which is

27  used in the production, storage, or transportation of raw

28  agricultural commodities.

29

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

31         redesignation of provisions constituting the

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  1         Florida Pesticide Law as part I of chapter 487

  2         by s. 1, ch. 94-233, Laws of Florida.

  3

  4         Section 112.  Paragraph (b) of subsection (1) of

  5  section 501.022, Florida Statutes, is amended to read:

  6         501.022  Home solicitation sale; permit required.--

  7         (1)

  8         (b)  The following are excluded from the operation of

  9  this section:

10         1.  Bona fide agents, business representatives, or

11  salespersons making calls or soliciting orders at the usual

12  place of business of a customer regarding products or services

13  for use in connection with the customer's business.

14         2.  Solicitors, salespersons, or agents making a call

15  or business visit upon the express invitation, oral or

16  written, of an inhabitant of the premises or her or his agent.

17         3.  Telephone solicitors, salespersons, or agents

18  making calls which involve transactions that are unsolicited

19  by the consumer and consummated by telephone and without any

20  other contact between the buyer and the seller or its

21  representative prior to delivery of the goods or performance

22  of the services.

23         4.  Solicitors, salespersons, or agents conducting a

24  sale, lease, or rental of consumer goods or services by

25  sample, catalog, or brochure for future delivery.

26         5.  Minors, as defined in s. 1.01(13) 1.01(14),

27  conducting home solicitation sales under the supervision of an

28  adult supervisor who holds a valid home solicitation sale

29  permit. Minors excluded from operation of this section must,

30  however, carry personal identification which includes their

31

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  1  full name, date of birth, residence address, and employer and

  2  the name and permit number of their adult supervisor.

  3         6.  Those sellers or their representatives that are

  4  currently regulated as to the sale of goods and services by

  5  chapter 470, chapter 475, or chapter 497.

  6         7.  Solicitors, salespersons, or agents making calls or

  7  soliciting orders on behalf of a religious, charitable,

  8  scientific, educational, or veterans' institution or

  9  organization holding a sales tax exemption certificate under

10  s. 212.08(7)(a).

11

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

13         redesignation of s. 1.01(14) as s. 1.01(13)

14         necessitated by the repeal of s. 1.01(5) by s.

15         8, ch. 88-33, Laws of Florida.

16

17         Section 113.  Subsection (2) of section 501.0575,

18  Florida Statutes, is amended to read:

19         501.0575  Weight-Loss Consumer Bill of Rights.--

20         (2)  The copies of the Weight-Loss Consumer Bill of

21  Rights to be posted according to s. 501.0573(6) shall be

22  printed in letters at least 24-point boldfaced type on one

23  side of a sign.  The palm-sized copies to be distributed

24  according to s. 501.0573(5) shall be in boldfaced type and

25  legible.  Each weight-loss provider shall be responsible for

26  producing and printing appropriate copies of the Weight-Loss

27  Consumer Bill of Rights.

28

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

30

31

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  1         Section 114.  Subsection (3) of section 501.608,

  2  Florida Statutes, is amended to read:

  3         501.608  License or affidavit of exemption;

  4  occupational license.--

  5         (3)  Failure to display a license or a copy of the

  6  affidavit of exemption is sufficient grounds for the

  7  department to issue an immediate cease and desist order, which

  8  shall act as an immediate final order under s. 120.569(2)(n)

  9  120.569(2)(l).  The order may shall remain in effect until the

10  commercial telephone seller or a person claiming to be exempt

11  shows the authorities that he or she is licensed or exempt.

12  The department may order the business to cease operations and

13  shall order the phones to be shut off. Failure of a

14  salesperson to display a license may result in the salesperson

15  being summarily ordered by the department to leave the office

16  until he or she can produce a license for the department.

17

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

19         redesignation of s. 120.569(2)(l) as s.

20         120.569(2)(n) by s. 4, ch. 98-200, Laws of

21         Florida.

22

23         Section 115.  Paragraph (f) of subsection (2) of

24  section 509.032, Florida Statutes, 1998 Supplement, is amended

25  to read:

26         509.032  Duties.--

27         (2)  INSPECTION OF PREMISES.--

28         (f)  In conducting inspections of establishments

29  licensed under this chapter, the division shall determine if

30  each coin-operated amusement machine that is operated on the

31  premises of a licensed establishment is properly registered

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  1  with the Department of Revenue.  Each month the division shall

  2  report to the Department of Revenue the sales tax registration

  3  number of the operator of any licensed establishment that has

  4  on location a coin-operated amusement machine and that does

  5  not have an identifying certificate conspicuously displayed as

  6  required by s. 212.05(1)(i) 212.05(1)(j).

  7

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

  9         redesignation of s. 212.05(1)(j) as s.

10         212.05(1)(i) necessitated by the repeal of s.

11         212.05(1)(g) by s. 20, ch. 97-94, Laws of

12         Florida.

13

14         Section 116.  Subsection (2) of section 509.302,

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

16         509.302  Director of education, personnel, employment

17  duties, compensation.--

18         (2)  The director of education shall develop and

19  implement an educational program, designated the "Hospitality

20  Education Program," offered for the benefit of the entire

21  industry.  This program may affiliate with Florida State

22  University, Florida International University, and the

23  University of Central Florida.  The program may also affiliate

24  with any other member of the State University System or

25  Florida State Community College System, or with any privately

26  funded college or university, which offers a program of

27  hospitality administration and management.  The primary goal

28  of this program is to instruct and train all individuals and

29  businesses licensed under this chapter, in cooperation with

30  recognized associations that represent the licensees, in the

31

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  1  application of state and federal laws and rules. Such programs

  2  shall also include:

  3         (a)  Vocational training.

  4         (b)  Management training.

  5         (c)  Inservice continuing education programs.

  6         (d)  Awareness of food-recovery programs, as promoted

  7  in s. 570.0725.

  8         (e)  Such other programs as may be deemed appropriate

  9  by the director of the division, the advisory council, and the

10  director of education.

11

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

13         redesignation of the State Community College

14         System as the Florida Community College System

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

16

17         Section 117.  Subsection (6) of section 514.031,

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

19         514.031  Permit necessary to operate public swimming

20  pool or bathing place.--It is unlawful for any person or

21  public body to operate or continue to operate any public

22  swimming pool or bathing place without a valid permit from the

23  department, such permit to be obtained in the following

24  manner:

25         (6)  An owner or operator of a public swimming pool,

26  including, but not limited to, a spa, wading, or special

27  purpose pool, to which admittance is obtained by membership

28  for a fee shall post in a prominent location within the

29  facility the most recent pool inspection report issued by the

30  department pertaining to the health and safety conditions of

31  such facility. The report shall be legible and readily

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  1  accessible to members or potential members. The department

  2  shall adopt rules to enforce this subsection provision. A

  3  portable pool may not be used as a public pool.

  4

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

  6         facilitate correct interpretation.  The word

  7         "subsection" was inserted by s. 48, ch. 98-151,

  8         Laws of Florida, but the previous existing

  9         reference to "provision" was not deleted.

10

11         Section 118.  Paragraph (b) of subsection (12) of

12  section 517.021, Florida Statutes, 1998 Supplement, is amended

13  to read:

14         517.021  Definitions.--When used in this chapter,

15  unless the context otherwise indicates, the following terms

16  have the following respective meanings:

17         (12)

18         (b)  The term "investment adviser" does not include the

19  following:

20         1.  Any licensed practicing attorney whose performance

21  of such services is solely incidental to the practice of her

22  or his profession;

23         2.  Any licensed certified public accountant whose

24  performance of such services is solely incidental to the

25  practice of his profession;

26         3.  Any bank authorized to do business in this state;

27         4.  Any bank holding company as defined in the Bank

28  Holding Company Act of 1956, as amended, authorized to do

29  business in this state;

30         5.  Any trust company having trust powers which it is

31  authorized to exercise in the state, which trust company

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  1  renders or performs services in a fiduciary capacity

  2  incidental to the exercise of its trust powers;

  3         6.  Any person who renders investment advice

  4  exclusively to insurance or investment companies;

  5         7.  Any person who does not hold herself or himself out

  6  to the general public as an investment adviser and has no more

  7  than 15 clients within 12 consecutive months in this state;

  8         8.  Any person whose transactions in this state are

  9  limited to those transactions described in s. 222(d) of the

10  Investment Advisers Act of 1940. Those clients listed in

11  subparagraph 6.5. may not be included when determining the

12  number of clients of an investment adviser for purposes of s.

13  222(d) of the Investment Advisers Act of 1940; or

14         9.  A federal covered adviser.

15

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

17         redesignation of subparagraph 5. of s.

18         517.021(12)(b) as subparagraph 6. by s. 5, ch.

19         97-35, Laws of Florida.

20

21         Section 119.  Subsection (3) of section 517.12, Florida

22  Statutes, 1998 Supplement, is amended to read:

23         517.12  Registration of dealers, associated persons,

24  investment advisers, and branch offices.--

25         (3)  Except as otherwise provided in s.

26  517.061(11)(a)4., (13), (16), (17), or (19)(18), the

27  registration requirements of this section do not apply in a

28  transaction exempted by s. 517.061(1)-(12), (14), and (15).

29

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

31         redesignation of s. 517.061(18) as s.

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  1         517.061(19) by s. 2, ch. 96-338, Laws of

  2         Florida.

  3

  4         Section 120.  Subsection (2) of section 550.1625,

  5  Florida Statutes, is amended to read:

  6         550.1625  Dogracing; taxes.--

  7         (2)  A permitholder that conducts a dograce meet under

  8  this chapter must pay the daily license fee, the admission

  9  tax, the breaks tax, and the tax on pari-mutuel handle as

10  provided in s. 550.0951 and is subject to all penalties and

11  sanctions provided in s. 550.0951(6) 550.0951(7).

12

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

14         facilitate correct interpretation. Section

15         550.0951(7) does not exist, and subsection (6)

16         relates to penalties.

17

18         Section 121.  Paragraph (b) of subsection (7) and

19  paragraph (b) of subsection (8) of section 550.2625, Florida

20  Statutes, 1998 Supplement, are amended to read:

21         550.2625  Horseracing; minimum purse requirement,

22  Florida breeders' and owners' awards.--

23         (7)

24         (b)  The division shall deposit these collections to

25  the credit of the Florida Quarter Horse Racing Promotion Trust

26  Fund in a special account to be known as the "Florida

27  Appaloosa Racing Promotion Fund."  The Department of

28  Agriculture and Consumer Services shall administer the funds

29  and adopt suitable and reasonable rules for the administration

30  thereof.  The moneys in the Florida Appaloosa Racing Promotion

31  Fund shall be allocated solely for supplementing and

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  1  augmenting purses and prizes and for the general promotion of

  2  owning and breeding of racing Appaloosas in this state; and

  3  such moneys may not be used to defray any expense of the

  4  Department of Agriculture and Consumer Services in the

  5  administration of this chapter, except that the moneys

  6  generated by Appaloosa registration fees received pursuant to

  7  s. 570.381 may be used as provided in paragraph (5)(b)(4)(b)

  8  of that section.

  9         (8)

10         (b)  The division shall deposit these collections to

11  the credit of the Florida Quarter Horse Racing Promotion Trust

12  Fund in a special account to be known as the "Florida Arabian

13  Horse Racing Promotion Fund."  The Department of Agriculture

14  and Consumer Services shall administer the funds and adopt

15  suitable and reasonable rules for the administration thereof.

16  The moneys in the Florida Arabian Horse Racing Promotion Fund

17  shall be allocated solely for supplementing and augmenting

18  purses and prizes and for the general promotion of owning and

19  breeding of racing Arabian horses in this state; and such

20  moneys may not be used to defray any expense of the Department

21  of Agriculture and Consumer Services in the administration of

22  this chapter, except that the moneys generated by Arabian

23  horse registration fees received pursuant to s. 570.382 may be

24  used as provided in paragraph (5)(b)(6)(b) of that section.

25

26         Reviser's note.--Paragraph (7)(b) is amended to

27         improve clarity and facilitate correct

28         interpretation. Section 570.381(4)(b) does not

29         exist, and paragraph (5)(b) provides for use of

30         the registration fees. Paragraph (8)(b) is

31         amended to conform to the redesignation of s.

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  1         570.382(6)(b) as s. 570.382(5)(b) by s. 1, ch.

  2         93-7, Laws of Florida.

  3

  4         Section 122.  Subsection (4) of section 550.375,

  5  Florida Statutes, is amended to read:

  6         550.375  Operation of certain harness tracks.--

  7         (4)  The permitholder conducting a harness horse race

  8  meet must pay the daily license fee, the admission tax, the

  9  tax on breaks, and the tax on pari-mutuel handle provided in

10  s. 550.0951 and is subject to all penalties and sanctions

11  provided in s. 550.0951(6) 550.0951(7).

12

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

14         facilitate correct interpretation. Section

15         550.0951(7) does not exist, and subsection (6)

16         relates to penalties.

17

18         Section 123.  Subsection (1) of section 553.06, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         553.06  State Plumbing Code.--

21         (1)  The Florida Building Commission shall, in

22  accordance with the provisions of chapter 120 and ss.

23  553.70-553.895, adopt the Standard Plumbing Code, 1994

24  edition, as adopted at the October 1993 annual meeting of the

25  Southern Building Code Congress International, as the State

26  Plumbing Code which shall be the minimum requirements

27  statewide for all installations, repairs, and alterations to

28  plumbing. The commission board may, in accordance with the

29  requirements of chapter 120, adopt all or parts of updated or

30  revised editions of the State Plumbing Code to keep abreast of

31  latest technological advances in plumbing and installation

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  1  techniques. Local governments which have adopted the South

  2  Florida, One and Two Family Dwelling or EPCOT Plumbing Codes

  3  may continue their use provided the requirements contained

  4  therein meet or exceed the requirements of the State Plumbing

  5  Code. Provided, however, nothing in this section shall alter

  6  or diminish the authority of the Department of Business and

  7  Professional Regulation to conduct plan reviews, issue

  8  variances, and adopt rules regarding sanitary facilities in

  9  public lodging and public food service establishments pursuant

10  to chapter 509, providing that such actions do not conflict

11  with the requirements for public restrooms in s. 553.141.

12

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

14         redesignation of the Board of Building Codes

15         and Standards as the Florida Building

16         Commission by s. 41, ch. 98-287, Laws of

17         Florida.

18

19         Section 124.  Subsection (4) of section 553.141,

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

21         553.141  Public restrooms; ratio of facilities for men

22  and women; application; rules.--

23         (4)  The Florida Building Commission Board of Building

24  Codes and Standards shall adopt rules to administer this

25  section, pursuant to chapter 120.

26

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

28         redesignation of the Board of Building Codes

29         and Standards as the Florida Building

30         Commission by s. 41, ch. 98-287, Laws of

31         Florida.

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  1         Section 125.  Section 553.503, Florida Statutes, is

  2  amended to read:

  3         553.503  Adoption of guidelines.--Subject to the

  4  exceptions in s. 553.504, the federal Americans with

  5  Disabilities Act Accessibility Guidelines, as adopted by

  6  reference in 28 C.F.R., part 36, subparts A and D, and Title

  7  II of Pub. L. No. 101-336, are hereby adopted and incorporated

  8  by reference as the law of this state. The guidelines shall

  9  establish the minimum standards for the accessibility of

10  buildings and facilities built or altered within this state.

11  The 1997 Florida Accessibility Code for Building Construction

12  must be adopted by the Florida Building Commission Board of

13  Building Codes and Standards in accordance with chapter 120.

14

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

16         redesignation of the Board of Building Codes

17         and Standards as the Florida Building

18         Commission by s. 41, ch. 98-287, Laws of

19         Florida.

20

21         Section 126.  Section 553.506, Florida Statutes, is

22  amended to read:

23         553.506  Powers of the commission board.--In addition

24  to any other authority vested in the commission board by law,

25  the Florida Building Commission Board of Building Codes and

26  Standards, in implementing ss. 553.501-553.513, may, by rule,

27  adopt revised and updated versions of the Americans with

28  Disabilities Act Accessibility Guidelines in accordance with

29  chapter 120.

30

31

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

  2         redesignation of the Board of Building Codes

  3         and Standards as the Florida Building

  4         Commission by s. 41, ch. 98-287, Laws of

  5         Florida.

  6

  7         Section 127.  Subsections (1) and (3) of section

  8  553.512, Florida Statutes, are amended to read:

  9         553.512  Modifications and waivers; advisory council.--

10         (1)  The Florida Building Commission Board of Building

11  Codes and Standards shall provide by regulation criteria for

12  granting individual modifications of, or exceptions from, the

13  literal requirements of this part upon a determination of

14  unnecessary, unreasonable, or extreme hardship, provided such

15  waivers shall not violate federal accessibility laws and

16  regulations and shall be reviewed by the Handicapped

17  Accessibility Advisory Council consisting of the following

18  seven members, who shall be knowledgeable in the area of

19  handicapped accessibility.  The Secretary of Community Affairs

20  shall appoint the following: a representative from the

21  Advocacy Center for Persons with Disabilities, Inc.; a

22  representative from the Division of Blind Services; a

23  representative from the Division of Vocational Rehabilitation;

24  a representative from a statewide organization representing

25  the physically handicapped; a representative from the hearing

26  impaired; a representative from the President, Florida Council

27  of Handicapped Organizations; and a representative of the

28  Paralyzed Veterans of America.  The terms for the first three

29  council members appointed subsequent to October 1, 1991, shall

30  be for 4 years, the terms for the next two council members

31  appointed shall be for 3 years, and the terms for the next two

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  1  members shall be for 2 years. Thereafter, all council member

  2  appointments shall be for terms of 4 years.  No council member

  3  shall serve more than two 4-year terms subsequent to October

  4  1, 1991.  Any member of the council may be replaced by the

  5  secretary upon three unexcused absences.  Upon application

  6  made in the form provided, an individual waiver or

  7  modification may be granted by the commission board so long as

  8  such modification or waiver is not in conflict with more

  9  stringent standards provided in another chapter.

10         (3)  Meetings of the advisory council shall be held in

11  conjunction with the regular meetings of the commission board.

12

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

14         redesignation of the Board of Building Codes

15         and Standards as the Florida Building

16         Commission by s. 41, ch. 98-287, Laws of

17         Florida.

18

19         Section 128.  Effective January 1, 2001, paragraph (b)

20  of subsection (1), paragraph (a) of subsection (4), and

21  subsection (5) of section 553.73, Florida Statutes, 1998

22  Supplement, as amended by section 40 of chapter 98-287, Laws

23  of Florida, as amended by section 61 of chapter 98-419, Laws

24  of Florida, are amended to read:

25         553.73  Florida Building Code.--

26         (1)

27         (b)  The technical portions of the Florida

28  Accessibility Code for Building Construction shall be

29  contained in their its entirety in the Florida Building Code.

30  The civil rights portions and the technical portions of the

31  accessibility laws of this state shall remain as currently

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  1  provided by law. Any revision or amendments to the Florida

  2  Accessibility Code for Building Construction pursuant to part

  3  V shall be considered adopted by the commission as part of the

  4  Florida Building Code.  Neither the commission nor any local

  5  government shall revise or amend any standard of the Florida

  6  Accessibility Code for Building Construction except as

  7  provided for in part V.

  8         (4)(a)  Local governments shall comply with applicable

  9  standards for issuance of mandatory certificates of occupancy,

10  minimum types of inspections, and procedures for plans review

11  and inspections as established by the commission board by

12  rule. Any amendments to standards established by the Florida

13  Building Code pursuant to this paragraph shall be more

14  stringent than such standards and shall be transmitted to the

15  commission within 30 days after enactment.  The local

16  government shall make such amendments available to the general

17  public in a usable format.  The Department of Insurance is

18  responsible for establishing the standards and procedures

19  required in this paragraph for governmental entities with

20  respect to applying the Florida Fire Prevention Code and the

21  Life Safety Code.

22         (5)  The commission, by rule adopted pursuant to ss.

23  120.536(1) and 120.54, shall update the Florida Building Code

24  every 3 years.  Once initially adopted and subsequently

25  updated by the commission board, the Florida Building Code

26  shall be deemed adopted for use statewide without adoptions by

27  local government. When updating the Florida Building Code, the

28  commission shall consider changes made by the adopting entity

29  of any selected model code for any model code incorporated

30  into the Florida Building Code by the commission, the

31  commission's own interpretations, declaratory statements,

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  1  appellate decisions, and approved statewide and local

  2  technical amendments.

  3

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

  5         improve clarity and facilitate correct

  6         interpretation. Paragraph (4)(a) is amended to

  7         conform to the existence of the Florida Fire

  8         Prevention Code and the Life Safety Code.

  9         Paragraph (4)(a) and subsection (5) are amended

10         to conform to the redesignation of the Board of

11         Building Codes and Standards as the Florida

12         Building Commission by s. 41, ch. 98-287, Laws

13         of Florida.

14

15         Section 129.  Subsections (3) and (4) of section

16  553.74, Florida Statutes, 1998 Supplement, are amended to

17  read:

18         553.74  Florida Building Commission.--

19         (3)  Members of the commission board shall serve

20  without compensation, but shall be entitled to reimbursement

21  for per diem and travel expenses as provided by s. 112.061.

22         (4)  Each appointed member is accountable to the

23  Governor for the proper performance of the duties of the

24  office. The Governor shall cause to be investigated any

25  complaint or unfavorable report received concerning an action

26  of the commission board or any member and shall take

27  appropriate action thereon.  The Governor may remove from

28  office any appointed member for malfeasance, misfeasance,

29  neglect of duty, incompetence, permanent inability to perform

30  official duties, or pleading guilty or nolo contendere to, or

31  being found guilty of, a felony.

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

  2         redesignation of the Board of Building Codes

  3         and Standards as the Florida Building

  4         Commission by s. 41, ch. 98-287, Laws of

  5         Florida.

  6

  7         Section 130.  Section 559.807, Florida Statutes, is

  8  amended to read:

  9         559.807  Bond or trust account required.--If the

10  business opportunity seller makes any representations set

11  forth in s. 559.801(1)(a)3. 559.801(1)(c), the seller must

12  either have obtained a surety bond issued by a surety company

13  authorized to do business in this state or have established a

14  trust account or a guaranteed letter of credit with a licensed

15  and insured bank or savings institution located in the state.

16  The amount of the bond, trust account, or guaranteed letter of

17  credit shall be an amount not less than $50,000.  The bond or

18  trust account shall be in the favor of the department.  Any

19  person who is damaged by any violation of ss. 559.80-559.815,

20  or by the seller's breach of the contract for the business

21  opportunity sale or of any obligation arising therefrom, may

22  bring an action against the bond, trust account, or guaranteed

23  letter of credit to recover damages suffered; however, the

24  aggregate liability of the surety or trustee shall be only for

25  actual damages and in no event shall exceed the amount of the

26  bond, trust account, or guaranteed letter of credit.

27

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

29         redesignation of s. 559.801(1)(c) as s.

30         559.801(1)(a)3. by s. 1, ch. 93-244, Laws of

31         Florida.

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  1         Section 131.  Subsection (11) of section 560.129,

  2  Florida Statutes, is amended to read:

  3         560.129  Confidentiality.--

  4         (11)  The exemptions created pursuant to subsections

  5  (1)-(10)(1)-(11) for purposes of the Money Transmitters' Code

  6  in this chapter, as created by chapter 94-238, Laws of

  7  Florida, and chapter 94-354, Laws of Florida, are exempt from

  8  the provisions of ss. 119.07(1) and 286.011 and s. 24(a) and

  9  (b), Art. I of the State Constitution.

10

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

12         redesignation of subsection (11) of s. 560.129

13         as subsection (10) necessitated by the deletion

14         of former subsection (9) by s. 345, ch. 96-406,

15         Laws of Florida.

16

17         Section 132.  Section 561.1105, Florida Statutes, is

18  amended to read:

19         561.1105  Inspection of licensed premises;

20  coin-operated amusement machines.--In conducting inspections

21  of establishments licensed under the Beverage Law, the

22  division shall determine if each coin-operated amusement

23  machine that is operated on the licensed premises is properly

24  registered with the Department of Revenue. Each month, the

25  division shall report to the Department of Revenue the sales

26  tax registration number of the operator of any licensed

27  premises that has on location a coin-operated amusement

28  machine and that does not have an identifying certificate

29  conspicuously displayed as required by s. 212.05(1)(i)

30  212.05(1)(j).

31

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

  2         redesignation of s. 212.05(1)(j) as s.

  3         212.05(1)(i) necessitated by the repeal of s.

  4         212.05(1)(g) by s. 20, ch. 97-94, Laws of

  5         Florida.

  6

  7         Section 133.  Paragraph (a) of subsection (12) of

  8  section 561.20, Florida Statutes, is amended to read:

  9         561.20  Limitation upon number of licenses issued.--

10         (12)(a)  In addition to any other licenses issued under

11  the provisions of this chapter, the division is authorized to

12  issue a special license to a person or to an organization for

13  the purpose of authorizing:

14         1.  A bulk transfer as described in chapter 676;

15         1.2.  A sale pursuant to a levy and execution;

16         2.3.  A sale by an insurance company in possession of

17  alcoholic beverages;

18         3.4.  A bankruptcy sale;

19         4.5.  A sale resulting from a license suspension or

20  revocation;

21         5.6.  A sale of damaged goods by a common carrier;

22         6.7.  A sale by a bona fide wine collector; or

23         7.8.  A sale of packaged alcoholic beverages pursuant

24  to part V of chapter 679.

25

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

27         repeal of chapter 676 by s. 3, ch. 93-77, Laws

28         of Florida.

29

30         Section 134.  Subsection (2) of section 578.28, Florida

31  Statutes, is amended to read:

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  1         578.28  Seed in hermetically sealed containers.--The

  2  period of validity of germination tests is extended to the

  3  following periods for seed packaged in hermetically sealed

  4  containers, under conditions and label requirements set forth

  5  in this section:

  6         (2)  CONDITIONS OF PACKAGING.--The following conditions

  7  are considered as minimum:

  8         (a)  Hermetically sealed packages or containers.--A

  9  container, to be acceptable under the provisions of this

10  section, shall not allow water vapor penetration through any

11  wall, including the wall seals, greater than 0.05 gram of

12  water per 24 hours per 100 square inches of surface at 100 °F.

13  with a relative humidity on one side of 90 percent and on the

14  other of 0 percent.  Water vapor penetration (WVP) is measured

15  by the standards of the National Institute of Standards and

16  Technology as:  gm H2O/24 hr./100 sq. in./100 °F/90

17  percent RH V. 0 percent RH.

18         (b)  Moisture of seed packaged.--The moisture of

19  agricultural or vegetable seed subject to the provisions of

20  this section shall be established by rule of the department.

21

22  A tolerance of 1 percent is applicable to the maximum

23  percentage of moisture listed above and the percentage of

24  moisture found by an official test.  The percentage of

25  moisture shall be determined by the air oven method.

26

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

28         deletion of the table listing moisture

29         percentages for specified seed by s. 27, ch.

30         92-143, Laws of Florida.

31

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  1         Section 135.  Subsection (4) of section 585.74, Florida

  2  Statutes, is amended to read:

  3         585.74  Grant of inspection; fees.--

  4         (4)  Each grant of inspection shall be issued for a

  5  3-year period. Each person who possesses a grant of inspection

  6  from the department as of July 1, 1994, must apply before

  7  December 1, 1995, to renew the grant of inspection. The

  8  department shall charge a fee not to exceed $150 to defray the

  9  cost of processing the grant of inspection.

10

11         Reviser's note.--Amended to delete language

12         that has served its purpose. The referenced

13         grant of inspection renewal period ended

14         December 1, 1995.

15

16         Section 136.  Subsection (6) of section 585.91, Florida

17  Statutes, is amended to read:

18         585.91  Regulation of custom slaughterers and

19  processors; permits.--

20         (6)  The department shall charge a fee not to exceed

21  $75 to defray the cost of processing the permit. Each person

22  who possesses a custom slaughtering or processing permit as of

23  July 1, 1994, must apply before December 1, 1996, to renew the

24  permit. Each renewal of a custom slaughtering or processing

25  permit shall be issued for a period of 3 years.

26

27         Reviser's note.--Amended to delete language

28         that has served its purpose. The referenced

29         custom slaughtering or processing permit

30         renewal period ended December 1, 1996.

31

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  1         Section 137.  Section 589.101, Florida Statutes, is

  2  amended to read:

  3         589.101  Blackwater River State Forest; lease of

  4  board's interest in gas, oil, and other

  5  minerals.--Notwithstanding the provisions of ss.

  6  253.51-253.571 253.51-253.58, 253.60, 253.61, the Division of

  7  Forestry is hereby expressly granted the authority to lease

  8  its 25-percent interest in oil, gas, and other minerals within

  9  the boundaries of the Blackwater River State Forest; provided,

10  however, that grants shall be made only to the lessee or

11  lessees holding the 75-percent interest in said minerals

12  retained by the United States in its conveyance to this state.

13  The concurrence of the Board of Trustees of the Internal

14  Improvement Trust Fund required by s. 589.10 shall not be

15  necessary under the provisions of this section.

16

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

18         repeal of s. 253.58 by s. 2, ch. 89-358, Laws

19         of Florida.

20

21         Section 138.  Section 590.11, Florida Statutes, is

22  amended to read:

23         590.11  Campfires.--It is unlawful for any individual

24  or group of individuals to build a warming fire or campfire

25  and leave same unextinguished.

26

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

28         facilitate correct interpretation.

29

30         Section 139.  Paragraph (a) of subsection (2) of

31  section 593.111, Florida Statutes, is amended to read:

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  1         593.111  Eligibility for certification of cotton

  2  growers' organization.--

  3         (2)(a)  The terms of office of the board members shall

  4  be for 3 years or until their successors are duly appointed

  5  and qualified. The terms of office of members of the first

  6  board shall date from November 1, 1987.

  7

  8         Reviser's note.--Amended to delete language

  9         that has served its purpose.

10

11         Section 140.  Paragraph (c) of subsection (2) of

12  section 601.04, Florida Statutes, is amended to read:

13         601.04  Florida Citrus Commission; creation and

14  membership.--

15         (2)

16         (c)  Each member of the commission in office on October

17  1, 1990, shall continue in office until the expiration of her

18  or his current term. When making an appointment to the

19  commission on or after October 1, 1990, the Governor shall

20  announce the district and classification of the person

21  appointed.

22

23         Reviser's note.--Amended to delete language

24         that has served its purpose.

25

26         Section 141.  Subsection (2) of section 601.155,

27  Florida Statutes, is amended to read:

28         601.155  Equalizing excise tax; credit; exemption.--

29         (2)  Upon the exercise of any privilege described in

30  subsection (1), the excise tax levied by this section shall be

31  at the same rate per box of oranges or grapefruit utilized in

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  1  the initial production of the processed citrus products so

  2  handled as that imposed, at the time of exercise of the

  3  taxable privilege, by s. 601.15 plus that imposed, if any, by

  4  s. 601.156 per box of oranges.

  5

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

  7         repeal of s. 601.156 by s. 2, ch. 95-358, Laws

  8         of Florida.

  9

10         Section 142.  Subsection (6) of section 608.402,

11  Florida Statutes, is amended to read:

12         608.402  Definitions.--As used in this chapter:

13         (6)  "Entity" includes any corporation or foreign

14  corporation, as such terms are defined in s. 607.01401

15  607.0140; unincorporated association; limited liability

16  company; business trust, estate, partnership, trust, or two or

17  more persons having a joint or common economic interest; or

18  state, local, federal, or foreign governments.

19

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

21         redesignation of s. 607.0140 as s. 607.01401 by

22         s. 137, ch. 90-179, Laws of Florida.

23

24         Section 143.  Paragraph (j) of subsection (3) of

25  section 616.242, Florida Statutes, 1998 Supplement, is amended

26  to read:

27         616.242  Safety standards for amusement rides.--

28         (3)  DEFINITIONS.--As used in this section, the term:

29         (j)  "Nondestructive testing" is the development and

30  application of technical methods, including, but not limited

31  to, radiographic, magnetic particle, ultrasonic, liquid

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  1  penetrant, electromagnetic, neutron radiographic, acoustic

  2  emission, visual, and leak testing to examine materials or

  3  components in ways that do not impair their the future

  4  usefulness and serviceability in order to detect, locate,

  5  measure, and evaluate discontinuities, defects, and other

  6  imperfections; to assess integrity, properties, and

  7  composition; and to measure geometrical characters.

  8

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

10         facilitate correct interpretation.

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