House Bill 1043

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    Florida House of Representatives - 1999                HB 1043

        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. 618.08, 620.78, 620.782, 620.783,

  4         620.7851, 620.786, 620.788, 620.7885, 620.7887,

  5         624.01, 624.123, 624.408, 624.439, 624.461,

  6         624.502, 624.5092, 624.610, 625.52, 626.041,

  7         626.101, 626.9541, 626.9543, 626.973, 627.0612,

  8         627.162, 627.4147, 627.5515, 627.6617,

  9         627.6699, 627.7295, 627.733, 627.848, 627.912,

10         627.9407, 628.461, 628.4615, 628.6013,

11         628.6016, 628.6017, 628.721, 629.401, 631.0515,

12         631.112, 631.57, 631.914, 633.161, 633.72,

13         641.2018, 641.20185, 641.30, 641.31071,

14         641.459, 641.495, 641.51, 641.512, 641.515,

15         658.2953, 658.90, 660.29, 663.16, 671.105,

16         678.1021, 678.5031, 694.14, 697.05, 704.05,

17         713.01, 713.32, 718.103, 718.111, 719.106,

18         719.618, 721.84, 723.085, 734.1025, 741.01,

19         742.107, 743.0645, 743.065, 744.641, 744.704,

20         765.113, 766.1115, 766.207, 766.304, 766.316,

21         772.102, 773.02, 773.05, 775.0877, 784.07,

22         784.075, 790.0655, 794.024, 810.14, 812.014,

23         828.27, 901.15, 914.16, 914.17, 918.16,

24         921.0022, 921.0024, 922.095, 943.0435,

25         943.0585, 943.059, 943.14, 944.10, 944.606,

26         944.801, 948.01, 948.03, 948.08, 957.04,

27         960.003, 984.03, 984.226, 985.04, 985.203,

28         985.227, 985.231, 985.304, 985.31, 985.3141,

29         985.317, 985.401, 985.404, 985.41, 985.413, and

30         985.414, Florida Statutes; reenacting and

31         amending ss. 641.3007 and 985.23, Florida

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  1         Statutes; and reenacting ss. 624.610(3),

  2         626.321(1), 626.730, 626.939, 743.07, 794.011,

  3         831.31, 907.041(4), 925.037(5), 984.03(41), and

  4         985.311(3), Florida Statutes, pursuant to s.

  5         11.242, Florida Statutes; deleting provisions

  6         which have expired, have become obsolete, have

  7         had their effect, have served their purpose, or

  8         have been impliedly repealed or superseded;

  9         replacing incorrect cross-references and

10         citations; correcting grammatical,

11         typographical, and like errors; removing

12         inconsistencies, redundancies, and unnecessary

13         repetition in the statutes; improving the

14         clarity of the statutes and facilitating their

15         correct interpretation; and confirming the

16         restoration of provisions unintentionally

17         omitted from republication in the acts of the

18         Legislature during the amendatory process.

19

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

21

22         Section 1.  Section 618.08, Florida Statutes, is

23  amended to read:

24         618.08  Corporations may mortgage farm supplies.--A

25  mortgage, executed by a cooperative association, may cover its

26  stock of farm supplies, changing in specifics, which stock

27  mortgagor is permitted to retain in its possession and sell in

28  the usual course of business.  The lien of such mortgage shall

29  be lost on all farm supplies sold up to the time of

30  foreclosure, and shall attach to the farm supplies acquired to

31  replenish the stock.  No such mortgage shall be invalid as to

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  1  creditors of the mortgagor because the mortgagor is permitted

  2  to retain possession and sell such mortgaged property in the

  3  usual course of business; provided, the mortgagor replenishes

  4  such property from the proceeds of sale or applies such

  5  proceeds in payment of the mortgage debt. In all other

  6  respects the laws relating to chattel mortgages shall be

  7  applicable to such mortgages.  The provisions of this section

  8  shall not be construed as, in anywise, affecting the Bulk

  9  Sales Law.

10

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

12         repeal of sections constituting the Bulk Sales

13         Law by ch. 65-254, Laws of Florida.

14

15         Section 2.  Subsections (4), (5), and (6) of section

16  620.78, Florida Statutes, are amended to read:

17         620.78  Registered limited liability partnerships.--

18         (4)  A statement of registration or statement of

19  renewal of registration must include either:

20         (a)  A copy of an insurance policy demonstrating that

21  the partnership complies with s. 620.7851(1)(a) 620.82(1)(a);

22  or

23         (b)  An affidavit sworn to by a majority in voting

24  interest of the partners or by one or more partners authorized

25  by a majority in voting interest of the partners that the

26  partnership complies with s. 620.7851(1)(b) 620.82(1)(b).

27         (5)  The Department of State shall register any

28  partnership as a registered limited liability partnership, and

29  shall renew the registration of any registered limited

30  liability partnership, that submits a completed statement of

31  registration or statement of renewal of registration

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  1  accompanied by the required fee.  A partnership becomes a

  2  registered limited liability partnership at the time of the

  3  filing of the initial statement of registration with the

  4  department or at any later date or time specified in the

  5  statement of registration if, in either case, there has been

  6  compliance with the requirements of ss. 620.78-620.789

  7  620.78-620.85.  A partnership continues as a registered

  8  limited liability partnership if there has been compliance

  9  with the requirements of ss. 620.78-620.789 620.78-620.85.

10         (6)  Registration is effective for 1 year after the

11  date the statement of registration is filed, unless

12  voluntarily canceled by filing with the Department of State a

13  statement of cancellation of registration under s. 620.781

14  620.785. Registration, whether pursuant to an original

15  statement of registration or a statement of renewal of

16  registration as a registered limited liability partnership, is

17  renewed if the partnership files with the Department of State

18  a statement of renewal of registration.  An initial statement

19  of renewal of registration expires 1 year after the date an

20  original statement of registration would have expired if the

21  statement of renewal of registration had not been filed; a

22  subsequent statement of renewal of registration expires 1 year

23  after the date the preceding statement of renewal of

24  registration would have expired if such subsequent statement

25  of renewal of registration had not been filed. The status of

26  the registered limited liability partnership shall not be

27  affected by subsequent changes in the information contained in

28  the statement of registration or statement of renewal of

29  registration after its filing.

30

31

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

  2         redesignation of s. 620.82 as s. 620.7851, s.

  3         620.85 as s. 620.789, and s. 620.785 as s.

  4         620.781, respectively, by the reviser incident

  5         to the compilation of the Florida Statutes

  6         1995.

  7

  8         Section 3.  Subsections (3) and (5) of section 620.782,

  9  Florida Statutes, are amended to read:

10         620.782  Partner's liability.--

11         (3)  Subsection (1) does not affect the individual

12  liability of a partner in a registered limited liability

13  partnership if the registered limited liability partnership is

14  not in compliance with s. 620.7851 620.82 at the time of the

15  occurrence giving rise to partnership liability.

16         (5)  Sections 620.78-620.789 620.78-620.85 do not

17  affect the liability of the registered limited liability

18  partnership when such liability arises out of debts,

19  obligations, or liabilities of the partnership or the acts and

20  omissions of the partners, employees, agents, or other

21  representatives of the partnership which are chargeable to the

22  partnership.

23

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

25         redesignation of s. 620.82 as s. 620.7851 and

26         s. 620.85 as s. 620.789, respectively, by the

27         reviser incident to the compilation of the

28         Florida Statutes 1995.

29

30         Section 4.  Section 620.783, Florida Statutes, is

31  amended to read:

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  1         620.783  Liability; governing law.--

  2         (1)  The liability of partners of a registered limited

  3  liability partnership formed and registered under ss.

  4  620.78-620.789 620.78-620.85 must be determined solely by ss.

  5  620.78-620.789 620.78-620.85 and the laws of this state.

  6         (2)  If a conflict arises between the laws of this

  7  state and the laws of any other jurisdiction with regard to

  8  the liability of a partner of a registered limited liability

  9  partnership formed and registered under ss. 620.78-620.789

10  620.78-620.85 for the debts, obligations, or liabilities of

11  the partnership or for the errors, omissions, negligence,

12  malpractice, or wrongful acts of another partner, employee,

13  agent, or representative of the partnership, the laws of this

14  state shall govern in determining such liability.

15

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

17         redesignation of s. 620.85 as s. 620.789 by the

18         reviser incident to the compilation of the

19         Florida Statutes 1995.

20

21         Section 5.  Subsections (1) and (4) of section

22  620.7851, Florida Statutes, are amended to read:

23         620.7851  Insurance of registered limited liability

24  partnerships.--

25         (1)  A registered limited liability partnership must:

26         (a)  Carry at least the minimum coverage amount of

27  liability insurance that covers the errors, omissions,

28  negligence, malpractice, or wrongful acts for which liability

29  is limited by s. 620.782(1) 620.79(1) and which liability

30  insurance may not have a deductible or self-insured retention

31  per claim of more than 10 percent of the per-claim policy

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  1  limit unless the difference between the maximum permitted

  2  deductible or self-insured retention and the actual deductible

  3  or self-insured retention under the liability insurance is

  4  otherwise funded as provided in paragraph (b); or

  5         (b)  Provide at least the minimum coverage amount in

  6  funds specifically designated and segregated for the

  7  satisfaction of judgments against the partnership or its

  8  partners based on the types of errors, omissions, negligence,

  9  incompetence, malpractice, or wrongful acts for which

10  liability is limited by s. 620.782(1) 620.79(1). Such funds

11  must be provided by obtaining or maintaining an unexpired,

12  irrevocable letter of credit for an amount no less than the

13  minimum coverage amount.  The letter of credit must be payable

14  to the partnership, or to a paying agent of the partnership,

15  as beneficiary for payment to creditors under a final judgment

16  or settlement arising from the types of errors, omissions,

17  negligence, incompetence, malpractice, or wrongful acts for

18  which liability is limited by s. 620.782(1) 620.79(1).  The

19  letter of credit shall be payable upon presentation of a final

20  judgment indicating liability and awarding damages to be paid

21  by the partnership or upon presentment of a settlement

22  agreement signed by all parties to the agreement when the

23  final judgment or settlement is a result of a claim against

24  the partnership.  The letter of credit must be irrevocable,

25  nonassignable, and nontransferable, except that the letter of

26  credit may be replaced by liability insurance that complies

27  with paragraph (a).  Such letter of credit must have been

28  issued by any bank or savings association organized and

29  existing under the laws of this state or any bank or savings

30  association organized under the laws of the United States that

31  has its principal place of business in this state or has a

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  1  branch office that is authorized under the laws of this state

  2  or of the United States to receive deposits in this state.

  3         (4)  The minimum coverage amount requirements of this

  4  section do not limit the liability of or damages recoverable

  5  from a registered limited liability partnership or of any

  6  person or entity whose liability is not otherwise limited as

  7  provided in ss. 620.78-620.789 620.78-620.85.

  8

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

10         redesignation of s. 620.79 as s. 620.782 and s.

11         620.85 as s. 620.789, respectively, by the

12         reviser incident to the compilation of the

13         Florida Statutes 1995.

14

15         Section 6.  Subsection (1) of section 620.786, Florida

16  Statutes, is amended to read:

17         620.786  Effect of statement of registration and

18  renewal thereof.--

19         (1)  If a registered limited liability partnership or a

20  foreign registered limited liability partnership dissolves and

21  its business is continued without the termination of the

22  partnership, the registration of the dissolved partnership as

23  a registered limited liability partnership or a foreign

24  registered limited liability partnership remains applicable to

25  the partnership continuing the business, and it is not

26  necessary to make a new filing under s. 620.78 or s. 620.7885

27  620.84 until the registration must be renewed or canceled.

28

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

30         redesignation of s. 620.84 as s. 620.7885 by

31

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  1         the reviser incident to the compilation of the

  2         Florida Statutes 1995.

  3

  4         Section 7.  Paragraph (b) of subsection (2) and

  5  subsection (4) of section 620.788, Florida Statutes, are

  6  amended to read:

  7         620.788  Domestic limited partnership as a registered

  8  limited liability partnership.--

  9         (2)  A domestic limited partnership is a registered

10  limited liability partnership as well as a domestic limited

11  partnership if it:

12         (b)  Complies with s. 620.7851 620.82.

13         (4)  If a domestic limited partnership is a registered

14  limited liability partnership, s. 620.782 620.79 applies to

15  its general partners and to any of its limited partners who,

16  under the provisions of part I, the Florida Revised Uniform

17  Limited Partnership Act, are liable for the debts,

18  obligations, or liabilities of the limited partnership.

19

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

21         redesignation of s. 620.82 as s. 620.7851 and

22         s. 620.79 as s. 620.782, respectively, by the

23         reviser incident to the compilation of the

24         Florida Statutes 1995.

25

26         Section 8.  Subsection (2) of section 620.7885, Florida

27  Statutes, is amended to read:

28         620.7885  Foreign registered limited liability

29  partnership.--

30         (2)  Except as otherwise provided in subsection (3), a

31  foreign registered limited liability partnership must comply

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  1  with s. 620.78, and the provisions of that section govern the

  2  registration, renewal of registration, and amendment of

  3  registration of a foreign registered limited liability

  4  partnership. For purposes of s. 620.78(4), a foreign

  5  registered limited liability partnership that obtains,

  6  pursuant to the laws or regulations of another jurisdiction,

  7  liability insurance that covers, or funds specifically

  8  designated and segregated for the satisfaction of judgments

  9  against the partnership or its partners based on, errors,

10  omissions, negligence, incompetence, malpractice, wrongful

11  acts, and such other conduct for which the liability of

12  partners is limited under the law of the jurisdiction in which

13  the foreign registered liability partnership is organized,

14  shall be deemed to comply with s. 620.7851 620.82 if the

15  amount thereof is equal to or greater than the minimum

16  coverage amount as defined in s. 620.7851(2) 620.82(2). A

17  foreign registered limited liability partnership shall be

18  deemed to comply with s. 620.7851(1)(b) 620.82(1)(b) if the

19  letter of credit is issued by any bank or savings association

20  organized under the laws of the United States or the State of

21  Florida.

22

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

24         redesignation of s. 620.82 as s. 620.7851 by

25         the reviser incident to the compilation of the

26         Florida Statutes 1995.

27

28         Section 9.  Subsection (1) of section 620.7887, Florida

29  Statutes, is amended to read:

30         620.7887  Cancellation of registration as a foreign

31  registered limited liability partnership.--

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  1         (1)  A foreign registered limited liability partnership

  2  registered under s. 620.7885 620.84 may cancel its

  3  registration to conduct business in this state by filing with

  4  the Department of State a statement of cancellation of

  5  registration as a foreign registered limited liability

  6  partnership executed by a majority in voting interest of the

  7  partners or by one or more partners authorized by a majority

  8  in voting interest of the partners.

  9

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

11         redesignation of s. 620.84 as s. 620.7885 by

12         the reviser incident to the compilation of the

13         Florida Statutes 1995.

14

15         Section 10.  Section 624.01, Florida Statutes, is

16  amended to read:

17         624.01  Short title.--Chapters 624 through 632, 634,

18  635, 637, 638, 641, 642, 648, and 651 constitute the "Florida

19  Insurance Code."

20

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

22         repeal of chapters 637 and 638 by s. 57, ch.

23         93-148, Laws of Florida.

24

25         Section 11.  Subsection (1) of section 624.123, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         624.123  Certain international health insurance

28  policies; exemption from code.--

29         (1)  International health insurance policies and

30  applications may be solicited and sold in this state at any

31  international airport to a resident of a foreign country. Such

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  1  international health insurance policies shall be solicited and

  2  sold only by a licensed health insurance agent and

  3  underwritten unwritten only by an admitted insurer. For

  4  purposes of this subsection:

  5         (a)  "International airport" means any airport in

  6  Florida with United States Customs service, which enplanes

  7  more than 1 million passengers per year.

  8         (b)  "International health insurance policy" means

  9  health insurance, as defined in s. 627.6561(5)(a)2., which is

10  offered to an individual, covering only a resident of a

11  foreign country on an annual basis.

12         (c)  "Resident of a foreign country" does not include

13  any United States citizen, any natural person maintaining his

14  or her residence in this country, or any natural person

15  staying in this state continuously for more than 120 days.

16

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

18         facilitate correct interpretation.

19

20         Section 12.  Paragraph (b) of subsection (1) of section

21  624.408, Florida Statutes, is amended to read:

22         624.408  Surplus as to policyholders required; new and

23  existing insurers.--

24         (1)

25         (b)  For any property and casualty insurer holding a

26  certificate of authority on December 1, 1993, the following

27  amounts apply instead of the $4 million required by

28  subparagraph (a)5.:

29         1.  On December 31, 1994, and until December 30, 1995,

30  $1.65 million.

31

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  1         2.  On December 31, 1995, and until December 30, 1996,

  2  $1.8 million.

  3         3.  On December 31, 1996, and until December 30, 1997,

  4  $1.95 million.

  5         4.  On December 31, 1997, and until December 30, 1998,

  6  $2.1 million.

  7         1.5.  On December 31, 1998, and until December 30,

  8  1999, $2.25 million.

  9         2.6.  On December 31, 1999, and until December 30,

10  2000, $2.5 million.

11         3.7.  On December 31, 2000, and until December 30,

12  2001, $2.75 million.

13         4.8.  On December 31, 2001, and until December 30,

14  2002, $3 million.

15         5.9.  On December 31, 2002, and until December 30,

16  2003, $3.25 million.

17         6.10.  On December 31, 2003, and until December 30,

18  2004, $3.6 million.

19         7.11.  On December 31, 2004, and thereafter, $4

20  million.

21

22         Reviser's note.--Amended to delete provisions

23         that have served their purpose.

24

25         Section 13.  Subsection (4) of section 624.439, Florida

26  Statutes, is amended to read:

27         624.439  Filing of application.--The sponsoring

28  association shall file with the department an application for

29  a certificate of authority upon a form to be furnished by the

30  department, signed under oath by officers of the trust, which

31  shall include or have attached the following:

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  1         (4)  A copy of the policy, contract, certificate,

  2  summary plan description, or other evidence of the benefits

  3  and coverages provided to covered employees, which shall be in

  4  accordance with s. 627.651(4) 627.651(5), and which shall

  5  include a table of the rates charged, or proposed to be

  6  charged, for each form of such contract.  A qualified actuary

  7  shall certify that:

  8         (a)  The rates are not inadequate.

  9         (b)  The rates are appropriate for the class of risks

10  for which they have been computed.

11         (c)  An adequate description of the rating methodology

12  has been filed with the department and such methodology

13  follows consistent and equitable actuarial principles.

14

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

16         redesignation of subunits of s. 627.651 by s.

17         61, ch. 92-318, Laws of Florida.

18

19         Section 14.  Section 624.461, Florida Statutes, is

20  amended to read:

21         624.461  Definition.--For the purposes of the Florida

22  Insurance Code, "self-insurance fund" means both commercial

23  self-insurance funds organized under s. 624.462 and group

24  self-insurance funds organized under s. 624.4621. The term

25  "self-insurance fund" does not include a governmental

26  self-insurance pool created under s. 768.28(15) 768.28(14).

27

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

29         redesignation of s. 768.28(14) as s. 768.28(15)

30         by s. 70, ch. 94-209, Laws of Florida.

31

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  1         Section 15.  Section 624.502, Florida Statutes, is

  2  amended to read:

  3         624.502  Service of process fee.--In all instances as

  4  provided in any section of the insurance code and s. ss.

  5  48.151(3) and 638.161 in which service of process is

  6  authorized to be made upon the Insurance Commissioner and

  7  Treasurer, the plaintiff shall pay to the department a fee of

  8  $15 for such service of process, which fee shall be deposited

  9  into the Insurance Commissioner's Regulatory Trust Fund.

10

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

12         repeal of chapter 638 by s. 57, ch. 93-148,

13         Laws of Florida.

14

15         Section 16.  Subsection (3) of section 624.5092,

16  Florida Statutes, is amended to read:

17         624.5092  Administration of taxes; payments.--

18         (3)  This section is applicable to taxes imposed by ss.

19  624.4621 624.5091, 624.475, 624.509-624.515, 627.357,

20  629.5011, 440.57, and 636.066.

21

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

23         redesignation of s. 440.57 as s. 624.4621 by s.

24         79, ch. 93-415, Laws of Florida.

25

26         Section 17.  Subsection (3) of section 624.610, Florida

27  Statutes, 1998 Supplement, is reenacted and subsection (10) of

28  that section is amended to read:

29         624.610  Reinsurance.--

30         (3)(a)  If a ceding insurer reinsures all or any part

31  of any particular risk or class of risks with an approved

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  1  reinsurer, the ceding insurer may receive credit in accounting

  2  and financial statements on account of such reinsurance ceded.

  3  An approved reinsurer is:

  4         1.  An assuming insurer authorized by the department to

  5  transact such line of insurance or reinsurance in this state.

  6  Subject to the other requirements of this code, credit may be

  7  taken for reinsurance with an authorized insurer.

  8         2.  An assuming insurer approved by the department to

  9  transact such line of reinsurance in this state. The

10  department shall approve only solvent insurers meeting the

11  criteria established for authorized insurers in this state.

12  From time to time, the department shall publish a list of

13  insurers approved pursuant to this subsection. Subject to the

14  other requirements of this code, credit may be taken for

15  reinsurance with an approved reinsurer.

16         3.  An assuming underwriting member of an insurance

17  exchange domiciled in any other state or jurisdiction in the

18  United States, which insurance exchange was licensed and in

19  operation on or before January 1, 1993, provided the insurance

20  exchange presents to the department for its approval, and

21  maintains, satisfactory evidence that such assuming

22  underwriting member maintains the standards and meets the

23  financial requirements applicable to an authorized insurer.

24  Subject to the other requirements of this section, credit may

25  be taken for reinsurance with members approved under this

26  subsection by the department.

27         4.  A group of individual, unincorporated, or

28  incorporated alien insurers which maintains funds in an amount

29  not less than $50 million held in trust for United States

30  policyholders and beneficiaries in a bank or trust company

31  that is subject to supervision by any state of the United

                                  16

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  1  States or that is a member of the Federal Reserve System and

  2  which group satisfies the department by annually filing

  3  evidence that it can meet its obligations under its

  4  reinsurance agreements. Subject to the other requirements of

  5  this section, credit may be taken for reinsurance with a group

  6  approved under this subsection by the department.

  7         (b)  Credit in accounting and financial statements on

  8  account of reinsurance ceded to a nonapproved reinsurer may be

  9  allowed only:

10         1.  When it is demonstrated by the ceding insurer to

11  the satisfaction of the department that such reinsurer

12  maintains the standards and meets the financial requirements

13  applicable to an authorized insurer;

14         2.  To the extent of deposits by, or funds withheld

15  from, such reinsurer pursuant to express provision therefor in

16  the reinsurance contract as security for the payment of the

17  obligations thereunder if such deposits or funds are held

18  subject to withdrawal by, and under the control of, the ceding

19  insurer or such deposits or funds are placed in trust for such

20  purposes in a bank which is a member of the Federal Reserve

21  System if withdrawals from the trust cannot be made without

22  the consent of the ceding insurer. The funds withheld may be

23  cash or securities which are qualified as admitted assets

24  under part II of chapter 625 and which have a market value

25  equal to or greater than the credit taken; or

26         3.  To the extent that the amount of a clean,

27  unconditional, evergreen, and irrevocable letter of credit,

28  issued for a term of not less than 1 year and in conformity

29  with the requirements set forth in this subparagraph, equals

30  or exceeds the liability of an unauthorized or unapproved

31  reinsurer for unearned premiums, outstanding losses, and an

                                  17

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  1  adequate reserve for incurred but not reported losses under a

  2  specific reinsurance agreement. The requirements are that such

  3  a clean and irrevocable letter of credit be issued under

  4  arrangements satisfactory to the department as constituting

  5  security to the ceding insurer substantially equal to that of

  6  a deposit under subparagraph 2. and that the letter be issued

  7  by a banking institution which is a member of the Federal

  8  Reserve System and which has financial standing satisfactory

  9  to the commissioner. The department may adopt rules requiring

10  that the letter adhere in its wording to a format for letters

11  of credit as the format has been or may be adopted or approved

12  by the National Association of Insurance Commissioners.

13         4.  When the reinsurance is ceded to a reinsurer which

14  maintains a trust fund, in a bank or trust company that is

15  subject to supervision by any state of the United States or

16  that is a member of the Federal Reserve System, for the

17  payment of the valid claims for business written in the United

18  States. The trust shall consist of a trusteed account in an

19  amount not less than the reinsurer's liabilities attributable

20  to reinsurance by ceding insurers for business written in the

21  United States and, in addition, the reinsurer shall maintain a

22  trusteed surplus of not less than $20 million.  Such trust

23  shall be established in a form approved, and any amendments to

24  the trust approved, by the insurance commissioner where the

25  trust is domiciled, or the insurance commissioner of another

26  state who, pursuant to the terms of the trust agreement, has

27  accepted principal regulatory oversight of the trust.  The

28  trust shall remain in effect for as long as the reinsurer has

29  outstanding obligations due under the reinsurance agreements

30  subject to the trust.  The trust assets must be in cash or

31  securities which are qualified as admitted assets under part

                                  18

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  1  II of chapter 625 and which have a market value of the

  2  required liabilities and trusteed surplus. The reinsurer shall

  3  report quarterly to the insurance commissioner information

  4  substantially the same as that required to be reported on the

  5  National Association of Insurance Commissioners Annual

  6  Statement form by licensed insurers to enable the insurance

  7  commissioner to determine the sufficiency of the trust fund.

  8  The trust and the reinsurer shall be subject to examination as

  9  determined by the commissioner.

10         5.  The credit permitted by subparagraph (a)4. and the

11  credit permitted by subparagraph (b)2. shall not be allowed

12  unless the assuming insurer in substance agrees in the trust

13  agreement to the following conditions:

14         a.  Notwithstanding any other provisions in the trust

15  instrument, if the trust fund is inadequate because it

16  contains an amount less than the amount required by the

17  department or, if the grantor of the trust has been declared

18  insolvent or placed into receivership, rehabilitation,

19  liquidation, or similar proceedings under the laws of its

20  state or country of domicile, the trustee shall comply with an

21  order of the commissioner with regulatory oversight over the

22  trust or with an order of a court of competent jurisdiction

23  directing the trustee to transfer to the commissioner with

24  regulatory oversight all of the assets of United States trust

25  beneficiaries.

26         b.  The assets shall be distributed by, and claims of

27  United States trust beneficiaries shall be filed with and

28  valued by, the commissioner with regulatory oversight in

29  accordance with the laws of the state in which the trust is

30  domiciled that are applicable to the liquidation of domestic

31  insurance companies.

                                  19

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  1         c.  If the commissioner with regulatory oversight

  2  determines that the assets of the trust fund or any part

  3  thereof are not necessary to satisfy the claims for business

  4  written in the United States, the assets or any part thereof

  5  shall be returned by the commissioner with regulatory

  6  oversight to the trustee for distribution in accordance with

  7  the trust agreement.

  8         d.  The grantor shall waive any right otherwise

  9  available to it under United States law that is inconsistent

10  with this provision.

11         (c)  For the purposes of this subsection only, the term

12  "ceding insurer" shall include any health maintenance

13  organization operating under a certificate of authority issued

14  under part I of chapter 641.

15         (10)  Any authorized insurer ceding directly written

16  risks of loss under this section shall within 30 days of

17  receipt of a cover note or similar confirmation of coverage,

18  or in no event no later than 6 months after the effective date

19  of the reinsurance treaty, file with the department one copy

20  of a summary statement containing the following information

21  about each treaty:

22         (a)  The contract period;

23         (b)  The nature of the reinsured's business;

24         (c)  An indication as to whether the treaty is

25  proportional, nonproportional, coinsurance, modified

26  coinsurance, or indemnity, as applicable;

27         (d)  The ceding company's loss retention per risk;

28         (e)  The reinsured limits;

29         (f)  Any special contract restrictions;

30         (g)  A schedule of reinsurers assuming the risks of

31  loss;

                                  20

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  1         (h)  An indication as to whether payments to the

  2  assuming insurer are based on written premiums or earned

  3  premiums;

  4         (i)  Identification of any intermediary or broker used

  5  in obtaining the reinsurance and the commission paid them if

  6  known; and

  7         (j)  Ceding commissions and allowances.

  8

  9  The summary statement shall be signed and attested to by

10  either the chief executive officer or the chief financial

11  officer of the reporting insurer. In addition to the summary

12  statement, the Insurance Commissioner may require the filing

13  of any supporting information relating to the ceding of such

14  risks as she or he deems necessary.  If the summary statement

15  prepared by the ceding insurer discloses that the net effect

16  of a reinsurance treaty or treaties (or series of treaties

17  with one or more affiliated reinsurers entered into for the

18  purpose of avoiding the following threshold amount) at any

19  time results in an increase of more than 25 percent to the

20  insurer's surplus as to policyholders, then the insurer shall

21  certify in writing to the department that the relevant

22  reinsurance treaty or treaties complies with the accounting

23  requirements contained in any rule promulgated by the

24  department pursuant to subsection (11)(10) or subsection

25  (13)(12).  If such certificate is filed after the summary

26  statement of such reinsurance treaty or treaties, the insurer

27  shall refile the summary statement with the certificate. In

28  any event, the certificate shall state that a copy of the

29  certificate was sent to the reinsurer under the reinsurance

30  treaty.  This subsection applies to cessions of directly

31  written risk of loss.  This subsection does not apply to

                                  21

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  1  contracts of facultative reinsurance or to any ceding insurer

  2  with surplus as to policyholder that exceeds $100 million as

  3  of the immediately preceding December 31. Additionally, any

  4  ceding insurer otherwise subject to this section with less

  5  than $500,000 in direct premiums written in this state during

  6  the preceding calendar year or with less than 1,000

  7  policyholders at the end of the preceding calendar year is

  8  exempt from the requirements of this subsection. However, any

  9  ceding insurer otherwise subject to this section with more

10  than $250,000 in direct premiums written in this state during

11  the preceding calendar quarter is not exempt from the

12  requirements of this subsection.  The Insurance Commissioner

13  may, upon a showing of good cause, waive the requirements of

14  this subsection.

15

16         Reviser's note.--Section 89, ch. 98-199, Laws

17         of Florida, purported to amend and redesignate

18         subsection (2) of s. 624.610 as subsection (3),

19         but failed to republish the subsection to

20         include paragraph (a). In the absence of

21         affirmative evidence that the Legislature

22         intended to repeal paragraph (a), subsection

23         (3) is reenacted to confirm that the omission

24         was not intended. Subsection (10) is amended to

25         conform to the redesignation of subunits of s.

26         624.610 by s. 89, ch. 98-199.

27

28         Section 18.  Paragraph (a) of subsection (3) of section

29  625.52, Florida Statutes, is amended to read:

30         625.52  Securities eligible for deposit.--

31

                                  22

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  1         (3)  To be eligible for deposit under subsection (1),

  2  any certificate of deposit must have the following

  3  characteristics:

  4         (a)  The certificate of deposit must be issued by a

  5  qualified public depository as defined in s. 280.02(17)

  6  280.02(15), and the depository must conform to and be bound by

  7  all provisions of chapter 280 with regard to such funds.

  8

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

10         redesignation of s. 280.02(15) as s. 280.02(16)

11         by s. 4, ch. 96-216, Laws of Florida, and

12         further redesignation of s. 280.02(16) as s.

13         280.02(17) by s. 11, ch. 98-409, Laws of

14         Florida.

15

16         Section 19.  Paragraph (b) of subsection (1) of section

17  626.041, Florida Statutes, is amended to read:

18         626.041  "General lines agent" defined.--

19         (1)  For the purposes of this code, a "general lines

20  agent" is one so transacting any one or more of the following

21  kinds of insurance:

22         (b)  Casualty insurance, including commercial liability

23  insurance underwritten by a risk retention group, a commercial

24  self-insurance fund as defined in s. 624.462, or a workers'

25  compensation self-insurance fund established pursuant to s.

26  624.4621 440.57.

27

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

29         redesignation of s. 440.57 as s. 624.4621 by s.

30         79, ch. 93-415, Laws of Florida.

31

                                  23

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  1         Section 20.  Section 626.101, Florida Statutes, is

  2  amended to read:

  3         626.101  "Adjuster" and "claims investigator"

  4  defined.--For the purposes of this part,:

  5         (1)  an "adjuster" means a public adjuster, independent

  6  adjuster, or company employee adjuster, as respectively

  7  defined in part VI.

  8         (2)  A "claims investigator" is as defined in s.

  9  626.857.

10

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

12         repeal of s. 626.857, which defined claims

13         investigator, by s. 94, ch. 98-199, Laws of

14         Florida.

15

16         Section 21.  Subsection (1) of section 626.321, Florida

17  Statutes, 1998 Supplement, is reenacted to read:

18         626.321  Limited licenses.--

19         (1)  The department shall issue to a qualified

20  individual, or a qualified individual or entity under

21  paragraphs (c), (d), and (e), a license as agent authorized to

22  transact a limited class of business in any of the following

23  categories:

24         (a)  Motor vehicle physical damage and mechanical

25  breakdown insurance.--License covering insurance against only

26  the loss of or damage to any motor vehicle which is designed

27  for use upon a highway, including trailers and semitrailers

28  designed for use with such vehicles. Such license also covers

29  insurance against the failure of an original or replacement

30  part to perform any function for which it was designed.  The

31  applicant for such a license shall pass a written examination

                                  24

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  1  covering motor vehicle physical damage insurance and

  2  mechanical breakdown insurance.  No individual while so

  3  licensed shall hold a license as an agent or solicitor as to

  4  any other or additional kind or class of insurance coverage

  5  except as to a limited license for credit life and disability

  6  insurances as provided in paragraph (e).

  7         (b)  Industrial fire insurance or burglary

  8  insurance.--License covering only industrial fire insurance or

  9  burglary insurance.  The applicant for such a license shall

10  pass a written examination covering such insurance.  No

11  individual while so licensed shall hold a license as an agent

12  or solicitor as to any other or additional kind or class of

13  insurance coverage except as to life and health insurances.

14         (c)  Personal accident insurance.--License covering

15  only policies of personal accident insurance covering the

16  risks of travel, except as provided in subparagraph 2.  The

17  license may be issued only:

18         1.  To a full-time salaried employee of a common

19  carrier or a full-time salaried employee or owner of a

20  transportation ticket agency and may authorize the sale of

21  such ticket policies only in connection with the sale of

22  transportation tickets, or to the full-time salaried employee

23  of such an agent.  No such policy shall be for a duration of

24  more than 48 hours or for the duration of a specified one-way

25  trip or round trip.

26         2.  To a full-time salaried employee of a business

27  which offers motor vehicles for rent or lease, or to a

28  business office of a business which offers motor vehicles for

29  rent or lease if insurance sales activities authorized by the

30  license are limited to full-time salaried employees.  A

31  business office licensed or a person licensed pursuant to this

                                  25

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  1  subparagraph may, as an agent of an insurer, transact

  2  insurance that provides coverage for accidental personal

  3  injury or death of the lessee and any passenger who is riding

  4  or driving with the covered lessee in the rental motor vehicle

  5  if the lease or rental agreement is for not more than 30 days,

  6  or if the lessee is not provided coverage for more than 30

  7  consecutive days per lease period; however, if the lease is

  8  extended beyond 30 days, the coverage may be extended one time

  9  only for a period not to exceed an additional 30 days.

10         (d)  Baggage and motor vehicle excess liability

11  insurance.--

12         1.  License covering only insurance of personal effects

13  except as provided in subparagraph 2.  The license may be

14  issued only:

15         a.  To a full-time salaried employee of a common

16  carrier or a full-time salaried employee or owner of a

17  transportation ticket agency, which person is engaged in the

18  sale or handling of transportation of baggage and personal

19  effects of travelers, and may authorize the sale of such

20  insurance only in connection with such transportation; or

21         b.  To the full-time salaried employee of a licensed

22  general lines agent, a full-time salaried employee of a

23  business which offers motor vehicles for rent or lease, or to

24  a business office of a business which offers motor vehicles

25  for rent or lease if insurance sales activities authorized by

26  the license are limited to full-time salaried employees.

27

28  The purchaser of baggage insurance shall be provided written

29  information disclosing that the insured's homeowner's policy

30  may provide coverage for loss of personal effects and that the

31  purchase of such insurance is not required in connection with

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  1  the purchase of tickets or in connection with the lease or

  2  rental of a motor vehicle.

  3         2.  A business office licensed pursuant to subparagraph

  4  1., or a person licensed pursuant to subparagraph 1. who is a

  5  full-time salaried employee of a business which offers motor

  6  vehicles for rent or lease, may include lessees under a master

  7  contract providing coverage to the lessor or may transact

  8  excess motor vehicle liability insurance providing coverage in

  9  excess of the standard liability limits provided by the lessor

10  in its lease to a person renting or leasing a motor vehicle

11  from the licensee's employer for liability arising in

12  connection with the negligent operation of the leased or

13  rented motor vehicle, provided that the lease or rental

14  agreement is for not more than 30 days; that the lessee is not

15  provided coverage for more than 30 consecutive days per lease

16  period, and, if the lease is extended beyond 30 days, the

17  coverage may be extended one time only for a period not to

18  exceed an additional 30 days; that the lessee is given written

19  notice that his or her personal insurance policy providing

20  coverage on an owned motor vehicle may provide additional

21  excess coverage; and that the purchase of the insurance is not

22  required in connection with the lease or rental of a motor

23  vehicle.  The excess liability insurance may be provided to

24  the lessee as an additional insured on a policy issued to the

25  licensee's employer.

26         3.  A business office licensed pursuant to subparagraph

27  1., or a person licensed pursuant to subparagraph 1. who is a

28  full-time salaried employee of a business which offers motor

29  vehicles for rent or lease, may, as an agent of an insurer,

30  transact insurance that provides coverage for the liability of

31

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  1  the lessee to the lessor for damage to the leased or rented

  2  motor vehicle if:

  3         a.  The lease or rental agreement is for not more than

  4  30 days; or the lessee is not provided coverage for more than

  5  30 consecutive days per lease period, but, if the lease is

  6  extended beyond 30 days, the coverage may be extended one time

  7  only for a period not to exceed an additional 30 days;

  8         b.  The lessee is given written notice that his

  9  personal insurance policy that provides coverage on an owned

10  motor vehicle may provide such coverage with or without a

11  deductible; and

12         c.  The purchase of the insurance is not required in

13  connection with the lease or rental of a motor vehicle.

14         (e)  Credit life or disability insurance.--License

15  covering only credit life or disability insurance.  The

16  license may be issued only to an individual employed by a life

17  or health insurer as an officer or other salaried or

18  commissioned representative, or to an individual employed by

19  or associated with a lending or financing institution or

20  creditor, and may authorize the sale of such insurance only

21  with respect to borrowers or debtors of such lending or

22  financing institution or creditor.  However, only the

23  individual or entity whose tax identification number is used

24  in receiving or is credited with receiving the commission from

25  the sale of such insurance shall be the licensed agent of the

26  insurer.  No individual while so licensed shall hold a license

27  as an agent or solicitor as to any other or additional kind or

28  class of life or health insurance coverage.  An entity other

29  than a lending or financial institution defined in s. 626.988

30  holding a limited license under this paragraph shall also be

31  authorized to sell credit property insurance.

                                  28

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  1         (f)  Credit insurance.--License covering only credit

  2  insurance, as such insurance is defined in s. 624.605(1)(i),

  3  and no individual so licensed shall, during the same period,

  4  hold a license as an agent or solicitor as to any other or

  5  additional kind of life or health insurance with the exception

  6  of credit life or disability insurance as defined in paragraph

  7  (e).

  8         (g)  Credit property insurance.--A license covering

  9  only credit property insurance may be issued to any individual

10  except an individual employed by or associated with a lending

11  or financial institution defined in s. 626.988 and authorized

12  to sell such insurance only with respect to a borrower or

13  debtor, not to exceed the amount of the loan.

14         (h)  Crop hail and multiple-peril crop

15  insurance.--License covering only crop hail and multiple-peril

16  crop insurance.  Notwithstanding any other provision of law,

17  the limited license may be issued to a bona fide salaried

18  employee of an association chartered under the Farm Credit Act

19  of 1971, 12 U.S.C. ss. 2001 et seq., who satisfactorily

20  completes the examination prescribed by the department

21  pursuant to s. 626.241(5). The limited agent must be appointed

22  by, and his or her limited license requested by, a licensed

23  general lines agent.  All business transacted by the limited

24  agent shall be in behalf of, in the name of, and countersigned

25  by the agent by whom he or she is appointed. Sections 626.561

26  and 626.748, relating to records, apply to all business

27  written pursuant to this section.  The limited licensee may be

28  appointed by and licensed for only one general lines agent or

29  agency.

30         (i)  In-transit and storage personal property

31  insurance.--A license covering only the insurance of personal

                                  29

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  1  property not held for resale, covering the risks of

  2  transportation or storage in rented or leased motor vehicles,

  3  trailers, or self-service storage facilities, as the latter

  4  are defined in s. 83.803, may be issued, without examination,

  5  only to employees or authorized representatives of lessors who

  6  rent or lease motor vehicles, trailers, or self-service

  7  storage facilities and who are authorized by an insurer to

  8  issue certificates or other evidences of insurance to lessees

  9  of such motor vehicles, trailers, or self-service storage

10  facilities under an insurance policy issued to the lessor.  A

11  person licensed under this paragraph shall give a prospective

12  purchaser of in-transit or storage personal property insurance

13  written notice that his or her homeowner's policy may provide

14  coverage for the loss of personal property and that the

15  purchase of such insurance is not required under the lease

16  terms.

17

18         Reviser's note.--Section 18, ch. 98-199, Laws

19         of Florida, purported to amend subsection (1)

20         of s. 626.321, but failed to republish the

21         subsection to include paragraphs (g), (h), and

22         (i). In the absence of affirmative evidence

23         that the Legislature intended to repeal

24         paragraphs (g), (h), and (i), subsection (1) is

25         reenacted to confirm that the omission was not

26         intended.

27

28         Section 22.  Section 626.730, Florida Statutes, 1998

29  Supplement, is reenacted to read:

30         626.730  Purpose of license.--

31

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  1         (1)  The purpose of a license issued under this code to

  2  a general lines agent, customer representative, or solicitor

  3  is to authorize and enable the licensee actively and in good

  4  faith to engage in the insurance business as such an agent,

  5  customer representative, or solicitor with respect to the

  6  public and to facilitate the public supervision of such

  7  activities in the public interest, and not for the purpose of

  8  enabling the licensee to receive a rebate of premium in the

  9  form of commission or other compensation as an agent, customer

10  representative, or solicitor or enabling the licensee to

11  receive commissions or other compensation based upon insurance

12  solicited or procured by or through him or her upon his or her

13  own interests or those of other persons with whom he or she is

14  closely associated in capacities other than that of insurance

15  agent, customer representative, or solicitor.

16         (2)  The department shall not grant, renew, continue,

17  or permit to exist any license or appointment as such agent,

18  customer representative, or solicitor as to any applicant

19  therefor or licensee or appointee thereunder if it finds that

20  the license or appointment has been, is being, or will

21  probably be used by the applicant, licensee, or appointee for

22  the purpose of securing rebates or commissions on "controlled

23  business," that is, on insurance written on his or her own

24  interests or those of his or her family or of any firm,

25  corporation, or association with which he or she is

26  associated, directly or indirectly, or in which he or she has

27  an interest other than as to the insurance thereof.

28         (3)  A violation of this section shall be deemed to

29  exist or be probable (as to an applicant for appointment) if

30  the department finds that during any 12-month period aggregate

31  commissions or other compensation accruing in favor of the

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  1  applicant or licensee or appointee based upon the insurance

  2  procured or to be procured (in the case of an applicant for

  3  appointment) by or through the licensee or appointee with

  4  respect to insurance of his or her own interests or those of

  5  his or her family or of any firm, corporation, or association

  6  with which he or she is associated or in which he or she is

  7  interested, as referred to in subsection (2), have exceeded or

  8  will exceed 50 percent of the aggregate amount of commissions

  9  and compensation accruing or to accrue in his or her favor

10  during the same period as to all insurance coverages procured

11  or to be procured by or through him or her. Except, any

12  general lines agent who, on July 1, 1959, had aggregate

13  commissions or other compensation on controlled business as

14  defined in this section in excess of the aforesaid 50 percent

15  shall be permitted to continue writing such insurance for the

16  same insured or insureds, so long as the agent continues to

17  hold a general lines agent's license and appointment in good

18  standing to transact the same kinds of insurance so written,

19  until the termination of such license or appointment by

20  failure to renew or continue, suspension, or revocation.

21         (4)  This section shall not be deemed to prohibit the

22  licensing under a limited license as to motor vehicle physical

23  damage and mechanical breakdown insurance or the licensing

24  under a limited license for credit property insurance of any

25  person employed by or associated with a motor vehicle sales or

26  financing agency, a retail sales establishment, or a consumer

27  loan office, other than a consumer loan office owned by or

28  affiliated with a financial institution as defined in s.

29  626.988, with respect to insurance of the interest of such

30  agency in a motor vehicle sold or financed by it or in

31  personal property when used as collateral for a loan.  This

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  1  section does not apply with respect to the interest of a real

  2  estate mortgagee in or as to insurance covering such interest

  3  or in the real estate subject to such mortgage.

  4

  5         Reviser's note.--Section 36, ch. 98-199, Laws

  6         of Florida, purported to amend s. 626.730, but

  7         failed to republish the section to include

  8         subsections (3) and (4). In the absence of

  9         affirmative evidence that the Legislature

10         intended to repeal subsections (3) and (4), s.

11         626.730 is reenacted to confirm that the

12         omission was not intended.

13

14         Section 23.  Section 626.939, Florida Statutes, is

15  reenacted to read:

16         626.939  Records produced on order.--

17         (1)  Every person by or as to whom insurance is

18  procured or placed in an unauthorized insurer, upon the order

19  of the department, shall produce for examination by the

20  department, or by the authorized representative of the

21  department, all policies and other documents evidencing the

22  insurance and shall disclose to the department the amount of

23  gross premiums paid or agreed to be paid for the insurance.

24  For each refusal to obey such order, such person, upon

25  conviction thereof, shall be liable to a fine of not more than

26  $500.

27         (2)  This section does not apply to life insurance or

28  health insurance.

29

30         Reviser's note.--Section 36, ch. 92-146, Laws

31         of Florida, purported to amend s. 626.939, but

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  1         failed to republish the section to include

  2         subsection (2). In the absence of affirmative

  3         evidence that the Legislature intended to

  4         repeal subsection (2), s. 626.939 is reenacted

  5         to confirm that the omission was not intended.

  6

  7         Section 24.  Paragraphs (g) and (p) of subsection (1)

  8  of section 626.9541, Florida Statutes, are amended to read:

  9         626.9541  Unfair methods of competition and unfair or

10  deceptive acts or practices defined.--

11         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

12  DECEPTIVE ACTS.--The following are defined as unfair methods

13  of competition and unfair or deceptive acts or practices:

14         (g)  Unfair discrimination.--

15         1.  Knowingly making or permitting any unfair

16  discrimination between individuals of the same actuarially

17  supportable class and equal expectation of life, in the rates

18  charged for any life insurance or annuity contract, in the

19  dividends or other benefits payable thereon, or in any other

20  of the terms and conditions of such contract.

21         2.  Knowingly making or permitting any unfair

22  discrimination between individuals of the same actuarially

23  supportable class and essentially the same hazard, in the

24  amount of premium, policy fees, or rates charged for any

25  policy or contract of accident, disability, or health

26  insurance, in the benefits payable thereunder, in any of the

27  terms or conditions of such contract, or in any other manner

28  whatever.

29         3.  For a health insurer, life insurer, or managed care

30  provider to underwrite a policy, or refuse to issue, reissue,

31  or renew a policy, refuse to pay a claim, cancel or otherwise

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  1  terminate a policy, or increase rates based solely upon the

  2  fact that an insured or applicant who is also the proposed

  3  insured has made a claim or sought or should have sought

  4  medical or psychological treatment in the past for abuse,

  5  protection from abuse, or shelter from abuse, or that a claim

  6  was caused in the past by, or might occur as a result of, any

  7  future assault, battery, or sexual assault by a family or

  8  household member upon another family or household member as

  9  defined in s. 741.28(2) 741.30(1)(b). An insurer may refuse to

10  underwrite, issue, or renew a policy based on the applicant's

11  medical condition, but shall not consider whether such

12  condition was caused by an act of abuse.  For purposes of this

13  section, the term "abuse" means the occurrence of one or more

14  of the following acts:

15         a.  Attempting or committing assault, battery, sexual

16  assault, or sexual battery;

17         b.  Placing another in fear of imminent serious bodily

18  injury by physical menace;

19         c.  False imprisonment;

20         d.  Physically or sexually abusing a minor child; or

21         e.  An act of domestic violence as defined in s.

22  741.28.

23         (p)  Insurance cost specified in "price package".--

24         1.  When the premium or charge for insurance of or

25  involving such property or merchandise is included in the

26  overall purchase price or financing of the purchase of

27  merchandise or property, the vendor or lender shall separately

28  state and identify the amount charged and to be paid for the

29  insurance, and the classifications, if any, upon which based;

30  and the inclusion or exclusion of the cost of insurance in

31  such purchase price or financing shall not increase, reduce,

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  1  or otherwise affect any other factor involved in the cost of

  2  the merchandise, property, or financing as to the purchaser or

  3  borrower.

  4         2.  This paragraph does not apply to transactions which

  5  are subject to the provisions of part I of chapter 520,

  6  entitled "The Motor Vehicle Sales Finance Act."

  7         3.  This paragraph does not apply to credit life or

  8  credit disability insurance which is in compliance with s.

  9  627.681(4) 627.681(3).

10

11         Reviser's note.--Paragraph (1)(g) is amended to

12         conform to the deletion of the definition of

13         "family or household member" from s.

14         741.30(1)(b) by s. 5, ch. 94-134, Laws of

15         Florida, and the addition of the definition in

16         s. 741.28(2) by s. 1, ch. 94-134. Paragraph

17         (1)(p) is amended to conform to the

18         redesignation of s. 627.681(3) as s. 627.681(4)

19         by s. 83, ch. 98-199, Laws of Florida.

20

21         Section 25.  Subsection (11) of section 626.9543,

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

23         626.9543  Holocaust victims.--

24         (11)  RULES.--The department, by rule, shall provide

25  for the implementation of the provisions of this section by

26  establishing procedures and related forms for facilitating,

27  monitoring, and verifying compliance with this section and for

28  the establishment of for a restitution program for Holocaust

29  victims, survivors, and their heirs and beneficiaries.

30

31

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

  2         facilitate correct interpretation.

  3

  4         Section 26.  Paragraph (d) of subsection (3) of section

  5  626.973, Florida Statutes, is amended to read:

  6         626.973  Fictitious groups.--

  7         (3)  The restrictions and limitations of this section

  8  do not extend to property or casualty insurance issued in this

  9  state, provided that:

10         (d)  For any personal lines insurance risk, the group

11  is composed of such members and meets the requirements

12  specified in s. 627.552 for employee groups, s. 627.553 for

13  debtor groups, s. 627.554 for labor union groups, s. 627.555

14  for trustee groups, s. 627.556 for credit union groups, s.

15  627.5567 627.572 for association groups, and s. 627.654 for

16  labor union and association groups; except that any provision

17  of such sections which precludes individual selection of

18  amounts of insurance shall not be applicable to property or

19  casualty insurance.

20

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

22         redesignation of s. 627.572 as s. 627.5567 by

23         s. 52, ch. 92-318, Laws of Florida.

24

25         Section 27.  Section 627.0612, Florida Statutes, is

26  amended to read:

27         627.0612  Administrative proceedings in rating

28  determinations.--In any proceeding to determine whether rates,

29  rating plans, or other matters governed by this part comply

30  with the law, the appellate court shall set aside a final

31  order of the department if the department has violated s.

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  1  120.57(1)(k) 120.57(1)(i) by substituting its findings of fact

  2  for findings of an administrative law judge which were

  3  supported by competent substantial evidence.

  4

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

  6         redesignation of s. 120.57(1)(i) as s.

  7         120.57(1)(k) by s. 5, ch. 98-200, Laws of

  8         Florida.

  9

10         Section 28.  Subsection (6) of section 627.162, Florida

11  Statutes, is amended to read:

12         627.162  Requirements for premium installments;

13  delinquency, collection, and check return charges; attorney's

14  fees.--

15         (6)  The term "insurer," for purposes of this section,

16  includes a commercial self-insurance fund as defined in s.

17  624.462, an assessable mutual insurer as defined in s.

18  628.6011, and a group self-insurer's fund as defined in s.

19  624.4621 400.57.

20

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

22         error. Section 440.57 was redesignated as s.

23         624.4621 by s. 79, ch. 93-415, Laws of Florida.

24

25         Section 29.  Paragraph (b) of subsection (1) of section

26  627.4147, Florida Statutes, is amended to read:

27         627.4147  Medical malpractice insurance contracts.--

28         (1)  In addition to any other requirements imposed by

29  law, each self-insurance policy as authorized under s. 627.357

30  or insurance policy providing coverage for claims arising out

31  of the rendering of, or the failure to render, medical care or

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  1  services, including those of the Florida Medical Malpractice

  2  Joint Underwriting Association, shall include:

  3         (b)1.  Except as provided in subparagraph 2., a clause

  4  authorizing the insurer or self-insurer to determine, to make,

  5  and to conclude, without the permission of the insured, any

  6  offer of admission of liability and for arbitration pursuant

  7  to s. 766.106, settlement offer, or offer of judgment, if the

  8  offer is within the policy limits.  It is against public

  9  policy for any insurance or self-insurance policy to contain a

10  clause giving the insured the exclusive right to veto any

11  offer for admission of liability and for arbitration made

12  pursuant to s. 766.106, settlement offer, or offer of

13  judgment, when such offer is within the policy limits.

14  However, any offer of admission of liability, settlement

15  offer, or offer of judgment made by an insurer or self-insurer

16  shall be made in good faith and in the best interests of the

17  insured.

18         2.a.  With respect to dentists licensed under chapter

19  466, a clause clearly stating whether or not the insured has

20  the exclusive right to veto any offer of admission of

21  liability and for arbitration pursuant to s. 766.106,

22  settlement offer, or offer of judgment if the offer is within

23  policy limits. An insurer or self-insurer shall not make or

24  conclude, without the permission of the insured, any offer of

25  admission of liability and for arbitration pursuant to s.

26  766.106, settlement offer, or offer of judgment, if such offer

27  is outside the policy limits.  However, any offer for

28  admission of liability and for arbitration made under s.

29  766.106, settlement offer, or offer of judgment made by an

30  insurer or self-insurer shall be made in good faith and in the

31  best interest of the insured.

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  1         b.  If the policy contains a clause stating the insured

  2  does not have the exclusive right to veto any offer or

  3  admission of liability and for arbitration made pursuant to s.

  4  766.106, settlement offer or offer of judgment, the insurer or

  5  self-insurer shall provide to the insured or the insured's

  6  legal representative by certified mail, return receipt

  7  requested, a copy of the final offer of admission of liability

  8  and for arbitration made pursuant to s. 766.106, settlement

  9  offer or offer of judgment and at the same time such offer is

10  provided to the claimant. A copy of any final agreement

11  reached between the insurer and claimant shall also be

12  provided to the insurer or his or her legal representative by

13  certified mail, return receipt requested not more than 10 days

14  after affecting such agreement.

15

16         Reviser's note.--Amended to provide contextual

17         consistency, improve clarity, and facilitate

18         correct interpretation.

19

20         Section 30.  Paragraph (a) of subsection (2) and

21  subsection (6) of section 627.5515, Florida Statutes, are

22  amended to read:

23         627.5515  Out-of-state groups.--

24         (2)  This part does not apply to a group life insurance

25  policy issued or delivered outside this state under which a

26  resident of this state is provided coverage if:

27         (a)  The policy is issued to an employee group the

28  composition of which is substantially as described in s.

29  627.552; a labor union group the composition of which is

30  substantially as described in s. 627.554; a trustee group the

31  composition of which is substantially as described in s.

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  1  627.555; a credit union group the composition of which is

  2  substantially as described in s. 627.556; an additional group

  3  complying with s. 627.5565; an association group the

  4  composition of which is substantially as described in s.

  5  627.5567 627.572; an association group to cover persons

  6  associated in any other common group, which common group is

  7  formed primarily for purposes other than providing insurance;

  8  a group which is established primarily for the purpose of

  9  providing group insurance, provided the benefits are

10  reasonable in relation to the premiums charged thereunder and

11  issuance of the group policy has resulted, or will result, in

12  economies of administration; or a group of insurance agents of

13  an insurer, which insurer is the policyholder;

14         (6)  Any insurer who provides coverage under

15  certificates of insurance issued to residents of this state

16  shall designate one Florida-licensed resident agent as agent

17  of record for the service of such certificates, unless the

18  policy is issued to a group substantially as described in s.

19  627.552, s. 627.554, s. 627.555, s. 627.556, s. 627.5565, or

20  s. 627.5567 627.572.

21

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

23         redesignation of s. 627.572 as s. 627.5567 by

24         s. 52, ch. 92-318, Laws of Florida.

25

26         Section 31.  Subsection (1) of section 627.6617,

27  Florida Statutes, is amended to read:

28         627.6617  Coverage for home health care services.--

29         (1)  Any group health insurance policy providing

30  coverage on an expense-incurred basis shall provide coverage

31  for home health care by a home health care agency licensed

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  1  pursuant to part IV III of chapter 400.  Such coverage may be

  2  limited to home health care under a plan of treatment

  3  prescribed by a licensed physician.  Services may be performed

  4  by a registered graduate nurse, a licensed practical nurse, a

  5  physical therapist, a speech therapist, an occupational

  6  therapist, or a home health aide.  Provisions for utilization

  7  review may be imposed, provided that similar provisions apply

  8  to all other types of health care services.

  9

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

11         redesignation of parts of chapter 400

12         necessitated by the insertion of a new part I

13         by the reviser incident to the compilation of

14         ch. 93-177, Laws of Florida.

15

16         Section 32.  Paragraph (n) of subsection (3), paragraph

17  (b) of subsection (6), and paragraph (b) of subsection (11) of

18  section 627.6699, Florida Statutes, 1998 Supplement, are

19  amended to read:

20         627.6699  Employee Health Care Access Act.--

21         (3)  DEFINITIONS.--As used in this section, the term:

22         (n)  "Modified community rating" means a method used to

23  develop carrier premiums which spreads financial risk across a

24  large population and allows adjustments for age, gender,

25  family composition, tobacco usage, and geographic area as

26  determined under paragraph (5)(j)(5)(k).

27         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--

28         (b)  For all small employer health benefit plans that

29  are subject to this section and are issued by small employer

30  carriers on or after January 1, 1994, premium rates for health

31

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  1  benefit plans subject to this section are subject to the

  2  following:

  3         1.  Small employer carriers must use a modified

  4  community rating methodology in which the premium for each

  5  small employer must be determined solely on the basis of the

  6  eligible employee's and eligible dependent's gender, age,

  7  family composition, tobacco use, or geographic area as

  8  determined under paragraph (5)(j)(5)(k).

  9         2.  Rating factors related to age, gender, family

10  composition, tobacco use, or geographic location may be

11  developed by each carrier to reflect the carrier's experience.

12  The factors used by carriers are subject to department review

13  and approval.

14         3.  Small employer carriers may not modify the rate for

15  a small employer for 12 months from the initial issue date or

16  renewal date, unless the composition of the group changes or

17  benefits are changed.

18         4.  Carriers participating in the alliance program, in

19  accordance with ss. 408.70-408.706 408.700-408.707, may apply

20  a different community rate to business written in that

21  program.

22         (11)  SMALL EMPLOYER HEALTH REINSURANCE PROGRAM.--

23         (b)1.  The program shall operate subject to the

24  supervision and control of the board.

25         2.  Until December 31, 1993, the board shall consist of

26  the commissioner or his or her designee, who shall serve as

27  chair, and seven additional members appointed by the

28  commissioner on or before May 1, 1992, as follows:

29         a.  One member shall be a representative of the largest

30  health insurer in the state, as determined by market share as

31  of December 31, 1991.

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  1         b.  One member shall be a representative of the largest

  2  health maintenance organization in the state, as determined by

  3  market share as of December 31, 1991.

  4         c.  Three members shall be selected from a list of

  5  individuals recommended by the Health Insurance Association of

  6  America.

  7         d.  Two members shall be selected from a list of

  8  individuals recommended by the Florida Insurance Council.

  9

10  The terms of members appointed under this subparagraph expire

11  on December 31, 1993.  The appointment of a member under this

12  subparagraph does not preclude the commissioner from

13  appointing the same person to serve as a member under

14  subparagraph 3.

15         3.  Beginning January 1, 1994, the board shall consist

16  of the commissioner or his or her designee, who shall serve as

17  chair, and eight additional members who are representatives of

18  carriers and are appointed by the commissioner.

19         2.4.  Effective upon this act becoming a law, the board

20  shall consist of the commissioner or his or her designee, who

21  shall serve as the chairperson, and 13 additional members who

22  are representatives of carriers and insurance agents and are

23  appointed by the commissioner and serve as follows:

24         a.  The commissioner shall include representatives of

25  small employer carriers subject to assessment under this

26  subsection.  If two or more carriers elect to be risk-assuming

27  carriers, the membership must include at least two

28  representatives of risk-assuming carriers; if one carrier is

29  risk-assuming, one member must be a representative of such

30  carrier.  At least one member must be a carrier who is subject

31  to the assessments, but is not a small employer carrier.

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  1  Subject to such restrictions, at least five members shall be

  2  selected from individuals recommended by small employer

  3  carriers pursuant to procedures provided by rule of the

  4  department. Three members shall be selected from a list of

  5  health insurance carriers that issue individual health

  6  insurance policies. At least two of the three members selected

  7  must be reinsuring carriers. Two members shall be selected

  8  from a list of insurance agents who are actively engaged in

  9  the sale of health insurance.

10         b.  A member appointed under this subparagraph shall

11  serve a term of 4 years and shall continue in office until the

12  member's successor takes office, except that, in order to

13  provide for staggered terms, the commissioner shall designate

14  two of the initial appointees under this subparagraph to serve

15  terms of 2 years and shall designate three of the initial

16  appointees under this subparagraph to serve terms of 3 years.

17         3.5.  The commissioner may remove a member for cause.

18         4.6.  Vacancies on the board shall be filled in the

19  same manner as the original appointment for the unexpired

20  portion of the term.

21         5.7.  The commissioner may require an entity that

22  recommends persons for appointment to submit additional lists

23  of recommended appointees.

24

25         Reviser's note.--Paragraphs (3)(n) and (6)(b)

26         are amended to conform to the redesignation of

27         paragraph (5)(k) as paragraph (5)(j) by s. 15,

28         ch. 97-179, Laws of Florida.  Paragraph (6)(b)

29         is further amended to correct an apparent error

30         and facilitate correct interpretation.

31         Information relating to the alliance program

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  1         can be found in ss. 408.70-408.706.  Paragraph

  2         (11)(b) is amended to delete language that has

  3         served its purpose.

  4

  5         Section 33.  Paragraph (b) of subsection (5) of section

  6  627.7295, Florida Statutes, 1998 Supplement, is amended to

  7  read:

  8         627.7295  Motor vehicle insurance contracts.--

  9         (5)

10         (b)  To the extent that a licensed general agent's cost

11  of obtaining motor vehicle reports on applicants for motor

12  vehicle insurance is not otherwise compensated, the agent may,

13  in addition to any other fees authorized by law, charge an

14  applicant for motor vehicle insurance a reasonable,

15  nonrefundable fee to reimburse the agent the actual cost of

16  obtaining the report for each licensed driver when the motor

17  vehicle report is obtained by the agent simultaneously with

18  the preparation of the application for use in the calculation

19  of premium or in the proper placement of the risk. The amount

20  of the fee may not exceed the agent's actual cost in obtaining

21  the report which is not otherwise compensated. Actual cost is

22  the cost of obtaining the report on an individual driver basis

23  when so obtained or the pro rata cost per driver when the

24  report is obtained on more than one driver; however, in no

25  case may actual cost include subscription or access fees

26  associated with obtaining motor vehicle reports on-line

27  through though any electronic transmissions program.

28

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

30         facilitate correct interpretation.

31

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  1         Section 34.  Paragraph (b) of subsection (3) of section

  2  627.733, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         627.733  Required security.--

  5         (3)  Such security shall be provided:

  6         (b)  By any other method authorized by s. 324.031(2),

  7  (3), or (4) and approved by the Department of Highway Safety

  8  and Motor Vehicles as affording security equivalent to that

  9  afforded by a policy of insurance or by self-insuring as

10  authorized by s. 768.28(15) 768.28(14).  The person filing

11  such security shall have all of the obligations and rights of

12  an insurer under ss. 627.730-627.7405.

13

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

15         redesignation of s. 768.28(14) as s. 768.28(15)

16         by s. 70, ch. 94-209, Laws of Florida.

17

18         Section 35.  Paragraph (e) of subsection (1) of section

19  627.848, Florida Statutes, is amended to read:

20         627.848  Cancellation of insurance contract upon

21  default.--

22         (1)  When a premium finance agreement contains a power

23  of attorney or other authority enabling the premium finance

24  company to cancel any insurance contract listed in the

25  agreement, the insurance contract shall not be canceled unless

26  cancellation is in accordance with the following provisions:

27         (e)  Whenever an insurance contract is canceled in

28  accordance with this section, the insurer shall promptly

29  return the unpaid balance due under the finance contract, up

30  to the gross amount available upon the cancellation of the

31  policy, to the premium finance company and any remaining

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  1  unearned premium to the agent or the insured, or both, for the

  2  benefit of the insured or insureds. The insurer shall notify

  3  the insured and the agent of the amount of unearned premium

  4  returned to the premium finance company and the amount of

  5  unearned commission held by the agent. The premium finance

  6  company within 15 days shall notify the insured and the agent

  7  of the amount of unearned premium. Within 15 days of receipt

  8  of notification from the premium finance company, the agent

  9  shall return such amount including any unearned commission to

10  the insured or with the written approval of the insured apply

11  such amount to the purchase of other insurance products

12  regulated by the department. The department may adopt rules

13  necessary to implement the provisions of this subsection.

14

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

16         facilitate correct interpretation.

17

18         Section 36.  Subsection (5) of section 627.912, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         627.912  Professional liability claims and actions;

21  reports by insurers.--

22         (5)  Any self-insurance program established under s.

23  240.213 shall report in duplicate to the Department of

24  Insurance any claim or action for damages for personal

25  injuries claimed to have been caused by error, omission, or

26  negligence in the performance of professional services

27  provided by the Board of Regents through an employee or agent

28  of the Board of Regents, including practitioners of medicine

29  licensed under chapter 458, practitioners of osteopathic

30  medicine licensed under chapter 459, podiatric physicians

31  podiatrists licensed under chapter 461, and dentists licensed

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  1  under chapter 466, or based on a claimed performance of

  2  professional services without consent if the claim resulted in

  3  a final judgment in any amount, or a settlement in any amount.

  4  The reports required by this subsection shall contain the

  5  information required by subsection (3) and the name, address,

  6  and specialty of the employee or agent of the Board of Regents

  7  whose performance or professional services is alleged in the

  8  claim or action to have caused personal injury.

  9

10         Reviser's note.--Amended to provide contextual

11         consistency with s. 627.912(1), which reflects

12         redesignation of podiatrists as podiatric

13         physicians by s. 225, ch. 98-166, Laws of

14         Florida.

15

16         Section 37.  Paragraph (c) of subsection (3) of section

17  627.9407, Florida Statutes, 1998 Supplement, is amended to

18  read:

19         627.9407  Disclosure, advertising, and performance

20  standards for long-term care insurance.--

21         (3)  RESTRICTIONS.--A long-term care insurance policy

22  may not:

23         (c)  Restrict its coverage to care only in a nursing

24  home licensed pursuant to part II I of chapter 400 or provide

25  significantly more coverage for such care than coverage for

26  lower levels of care.  The department shall adopt rules

27  defining what constitutes significantly more coverage in

28  nursing homes licensed pursuant to part II I of chapter 400

29  than for lower levels of care.

30

31

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

  2         redesignation of parts of chapter 400

  3         necessitated by the insertion of a new part I

  4         by the reviser incident to the compilation of

  5         ch. 93-177, Laws of Florida.

  6

  7         Section 38.  Paragraph (a) of subsection (5) of section

  8  628.461, Florida Statutes, is amended to read:

  9         628.461  Acquisition of controlling stock.--

10         (5)(a)  The acquisition of voting securities shall be

11  deemed approved unless the department disapproves the proposed

12  acquisition within 90 days after the statement required by

13  subsection (1) has been filed.  The department may on its own

14  initiate, or if requested to do so in writing by a

15  substantially affected party shall conduct, a proceeding to

16  consider the appropriateness of the proposed filing.  The

17  90-day time period shall be tolled during the pendency of the

18  proceeding.  Any written request for a proceeding must be

19  filed with the department within 10 days of the date notice of

20  the filing is given.  During the pendency of the proceeding or

21  review period by the department, any person or affiliated

22  person complying with the filing requirements of this section

23  may proceed and take all steps necessary to conclude the

24  acquisition so long as the acquisition becoming final is

25  conditioned upon obtaining departmental approval.  The

26  department shall, however, at any time that it finds an

27  immediate danger to the public health, safety, and welfare of

28  the domestic policyholders exists, immediately order, pursuant

29  to s. 120.569(2)(n) 120.569(2)(l), the proposed acquisition

30  temporarily disapproved and any further steps to conclude the

31  acquisition ceased.

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

  2         redesignation of s. 120.569(2)(l) as s.

  3         120.569(2)(n) by s. 4, ch. 98-200, Laws of

  4         Florida.

  5

  6         Section 39.  Paragraph (a) of subsection (6) of section

  7  628.4615, Florida Statutes, is amended to read:

  8         628.4615  Specialty insurers; acquisition of

  9  controlling stock, ownership interest, assets, or control;

10  merger or consolidation.--

11         (6)(a)  The acquisition application shall be reviewed

12  in accordance with chapter 120.  The department may on its own

13  initiate, or, if requested to do so in writing by a

14  substantially affected person, shall conduct, a proceeding to

15  consider the appropriateness of the proposed filing.  Time

16  periods for purposes of chapter 120 shall be tolled during the

17  pendency of the proceeding. Any written request for a

18  proceeding must be filed with the department within 10 days of

19  the date notice of the filing is given.  During the pendency

20  of the proceeding or review period by the department, any

21  person or affiliated person complying with the filing

22  requirements of this section may proceed and take all steps

23  necessary to conclude the acquisition so long as the

24  acquisition becoming final is conditioned upon obtaining

25  departmental approval.  The department shall, however, at any

26  time it finds an immediate danger to the public health,

27  safety, and welfare of the insureds exists, immediately order,

28  pursuant to s. 120.569(2)(n) 120.569(2)(l), the proposed

29  acquisition disapproved and any further steps to conclude the

30  acquisition ceased.

31

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

  2         redesignation of s. 120.569(2)(l) as s.

  3         120.569(2)(n) by s. 4, ch. 98-200, Laws of

  4         Florida.

  5

  6         Section 40.  Subsection (2) of section 628.6013,

  7  Florida Statutes, is amended to read:

  8         628.6013  Converted self-insurance fund; trade

  9  association; board of directors.--

10         (2)  An assessable mutual insurer formed by the

11  conversion of a commercial self-insurance fund pursuant to s.

12  624.463 or by the conversion of a group self-insurer's fund

13  organized under s. 624.4621 440.57 shall be endorsed at the

14  time of conversion by a statewide not-for-profit trade

15  association, industry association, or professional association

16  of employers or professionals which has a constitution or

17  bylaws, which is incorporated under the laws of this state,

18  and which has been organized for purposes other than that of

19  obtaining or providing insurance and operated in good faith

20  for a continuous period of 1 year.  The association shall not

21  be liable for any actions of the insurer, nor shall it require

22  the establishment or enforcement of any policy of the insurer.

23  Fees, services, and other aspects of the relationship between

24  the association and the insurer must be reasonable and are

25  subject to contractual agreement.

26

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

28         redesignation of s. 440.57 as s. 624.4621 by s.

29         79, ch. 93-415, Laws of Florida.

30

31

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  1         Section 41.  Subsection (1) of section 628.6016,

  2  Florida Statutes, is amended to read:

  3         628.6016  Applicability of related laws.--In addition

  4  to other provisions of the code cited in ss.

  5  628.6011-628.6018:

  6         (1)  Sections 624.155, 624.308, 624.414, 624.415, and

  7  624.416(4); ss. 624.418-624.4211, except s. 624.418(2)(f); ss.

  8  624.464, 624.468(1), (2), (4), (6), and (11), 624.472,

  9  624.473, 624.474, 624.478, 624.480, 624.482, 624.484, 624.486,

10  and 624.501;

11

12  apply to assessable mutual insurers; however, ss. 628.255,

13  628.411, and 628.421 do not apply.  No section of the code not

14  expressly and specifically cited in ss. 628.6011-628.6018

15  applies to assessable mutual insurers.  The term "assessable

16  mutual insurer" shall be substituted for the term "commercial

17  self-insurer" as appropriate.

18

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

20         repeal of s. 624.478 by s. 2, ch. 98-399, Laws

21         of Florida.

22

23         Section 42.  Subsection (2) of section 628.6017,

24  Florida Statutes, is amended to read:

25         628.6017  Converting assessable mutual insurer.--

26         (2)  An assessable mutual insurer may become a

27  nonassessable mutual pursuant to s. 628.341 if the assessable

28  mutual insurer's ratio of actual annual written premiums, as

29  adjusted in accordance with subsection (3) (2), to current

30  surplus as to policyholders does not exceed 10 to 1 for gross

31

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  1  written premiums and does not exceed 4 to 1 for net written

  2  premiums.

  3

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

  5         redesignation of subsection (2) of s. 628.6017

  6         as subsection (3) by s. 3, ch. 94-133, Laws of

  7         Florida.

  8

  9         Section 43.  Subsection (3) of section 628.721, Florida

10  Statutes, is amended to read:

11         628.721  Bylaws.--

12         (3)  The mutual insurance holding company shall file

13  within 30 days with the department a copy, certified by the

14  mutual insurance holding company's secretary, of its bylaws

15  and of every modification thereof or addition thereto. The

16  department shall promptly disapprove any bylaw provision

17  deemed by it to be unlawful, unreasonable, inadequate, unfair,

18  or detrimental to the proper interests or protection of the

19  mutual insurance holding company's members or any class

20  thereof. The insurer shall not, after receiving written notice

21  of such disapproval and during the existence thereof,

22  effectuate any and bylaw provision disapproved.

23

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

25         facilitate correct interpretation.

26

27         Section 44.  Subparagraph 50. of paragraph (b) of

28  subsection (6) of section 629.401, Florida Statutes, is

29  amended to read:

30         629.401  Insurance exchange.--

31         (6)

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  1         (b)  In addition to the insurance laws specified in

  2  paragraph (a), the department shall regulate the exchange

  3  pursuant to the following powers, rights, and duties:

  4         50.  Prohibition of underwriting manager

  5  investment.--Any direct or indirect investment in any

  6  underwriting manager by a broker member or any affiliated

  7  person of a broker member or any direct or indirect investment

  8  in a broker member by an underwriting manager or any

  9  affiliated person of an underwriting manager is prohibited.

10  "Affiliated person" for purposes of this subparagraph is

11  defined in subparagraph 43.  Any direct or indirect investment

12  prohibited by this subparagraph which exists prior to July 2,

13  1987, shall be dissolved by June 30, 1988.

14

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

16         that has served its purpose.

17

18         Section 45.  Section 631.0515, Florida Statutes, is

19  amended to read:

20         631.0515  Appointment of receiver; insurance holding

21  company.--A delinquency proceeding pursuant to this chapter

22  constitutes the sole and exclusive method of dissolving,

23  liquidating, rehabilitating, reorganizing, conserving, or

24  appointing a receiver of a Florida corporation which is not

25  insolvent as defined by s. 607.01401(15) 607.0140(15); which

26  through its shareholders, board of directors, or governing

27  body is deadlocked in the management of its affairs; and which

28  directly or indirectly owns all of the stock of a Florida

29  domestic insurer.  The department may petition for an order

30  directing it to rehabilitate such corporation if the interests

31  of policyholders or the public will be harmed as a result of

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  1  the deadlock.  The department shall use due diligence to

  2  resolve the deadlock. Whether or not the department petitions

  3  for an order, the circuit court shall not have jurisdiction

  4  pursuant to s. 607.271, s. 607.274, or s. 607.277 to dissolve,

  5  liquidate, or appoint receivers with respect to, a Florida

  6  corporation which directly or indirectly owns all of the stock

  7  of a Florida domestic insurer and which is not insolvent as

  8  defined by s. 607.01401(15) 607.0140(15).

  9

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

11         redesignation of s. 607.0140 as s. 607.01401 by

12         s. 137, ch. 90-179, Laws of Florida.

13

14         Section 46.  Section 631.112, Florida Statutes, is

15  amended to read:

16         631.112  Subordination of claims for

17  noncooperation.--If an ancillary receiver or another person

18  performing the duties associated with an ancillary receiver in

19  another state or foreign country fails to transfer to the

20  domiciliary liquidator in this state any assets within her or

21  his control other than special deposits, diminished only by

22  the expenses of the ancillary receivership, if any, the claims

23  filed in the ancillary receivership, other than special

24  deposit claims or secured claims, shall be deemed class 9 8

25  claims as defined in s. 631.271(1)(i) 631.271(1)(h).

26

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

28         redesignation of class 8 claims as class 9

29         claims and s. 631.271(1)(h) as s. 631.271(1)(i)

30         by s. 1, ch. 95-213, Laws of Florida.

31

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  1         Section 47.  Paragraph (e) of subsection (3) of section

  2  631.57, Florida Statutes, is amended to read:

  3         631.57  Powers and duties of the association.--

  4         (3)

  5         (e)1.

  6         a.  In addition to assessments otherwise authorized in

  7  paragraph (a), as a temporary measure related to insolvencies

  8  caused by Hurricane Andrew, and to the extent necessary to

  9  secure the funds for the account specified in s. 631.55(2)(c)

10  631.55(2)(d), or to retire indebtedness, including, without

11  limitation, the principal, redemption premium, if any, and

12  interest on, and related costs of issuance of, bonds issued

13  under s. 166.111(2), and the funding of any reserves and other

14  payments required under the bond resolution or trust indenture

15  pursuant to which such bonds have been issued, the department,

16  upon certification of the board of directors, shall levy

17  assessments upon insurers holding a certificate of authority

18  as follows:

19         (I)  Except as provided in sub-sub-subparagraph (II),

20  the assessments payable under this paragraph by any insurer

21  shall not exceed in any 1 year more than 2 percent of that

22  insurer's direct written premiums, net of refunds, in this

23  state during the preceding calendar year for the kinds of

24  insurance within the account specified in s. 631.55(2)(c)

25  631.55(2)(d).

26         (II)  If the amount levied under sub-sub-subparagraph

27  (I) is less than 2 percent of the insurer's direct written

28  premiums, net of refunds, in this state during calendar year

29  1991 for the kinds of insurance within the account specified

30  in s. 631.55(2)(c) 631.55(2)(d), in addition to and separate

31  from such assessment, the assessment shall also include the

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  1  difference between the amount calculated based on calendar

  2  year 1991 and the amount determined under sub-sub-subparagraph

  3  (I).  If this sub-sub-subparagraph is held invalid, the

  4  invalidity shall not affect other provisions of this section,

  5  and to this end the provisions of this section are declared

  6  severable.

  7         (III)  In addition to any other insurers subject to

  8  this subparagraph, this subparagraph also applies to any

  9  insurer that held a certificate of authority on August 24,

10  1992.  If this sub-sub-subparagraph is held invalid, the

11  invalidity shall not affect other provisions of this section,

12  and to this end the provisions of this section are declared

13  severable.

14         b.  Any assessments authorized under this paragraph

15  shall be levied by the department upon insurers referred to in

16  sub-subparagraph a., upon certification as to the need

17  therefor by the board of directors, in 1992 and in each year

18  that bonds issued under s. 166.111(2) are outstanding, in such

19  amounts up to such 2 percent limit as required in order to

20  provide for the full and timely payment of the principal of,

21  redemption premium, if any, and interest on, and related costs

22  of, issuance of bonds issued under s. 166.111(2).  The

23  assessments provided for in this paragraph are hereby assigned

24  and pledged to a municipality issuing bonds under s.

25  166.111(2)(b), for the benefit of the holders of such bonds,

26  in order to enable such municipality to provide for the

27  payment of the principal of, redemption premium, if any, and

28  interest on such bonds, the cost of issuance of such bonds,

29  and the funding of any reserves and other payments required

30  under the bond resolution or trust indenture pursuant to which

31  such bonds have been issued, without the necessity of any

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  1  further action by the association, the department, or any

  2  other party.  To the extent that bonds are issued under s.

  3  166.111(2), the proceeds of assessments levied under this

  4  paragraph shall be remitted directly to and administered by

  5  the trustee appointed for such bonds.

  6         c.  Assessments under this paragraph shall be payable

  7  in 12 monthly installments with the first installment being

  8  due and payable at the end of the month after an assessment is

  9  levied, and subsequent installments being due not later than

10  the end of each succeeding month.

11         d.  The association shall issue a monthly report on the

12  status of the use of the bond proceeds as related to

13  insolvencies caused by Hurricane Andrew. The report must

14  contain the number of claims paid and the amount of claims

15  paid.  The association shall also include an analysis of the

16  revenue generated from the additional assessment levied under

17  this subsection.  The report must be sent to the Legislature

18  and the Insurance Commissioner monthly.

19         2.  In order to assure that insurers paying assessments

20  levied under this paragraph continue to charge rates that are

21  neither inadequate nor excessive, within 90 days after being

22  notified of such assessments, each insurer that is to be

23  assessed pursuant to this paragraph shall make a rate filing

24  for coverage included within the account specified in s.

25  631.55(2)(c) 631.55(2)(d) and for which rates are required to

26  be filed under s. 627.062.  If the filing reflects a rate

27  change that, as a percentage, is equal to the difference

28  between the rate of such assessment and the rate of the

29  previous year's assessment under this paragraph, the filing

30  shall consist of a certification so stating and shall be

31  deemed approved when made, subject to the department's

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  1  continuing authority to require actuarial justification as to

  2  the adequacy of any rate at any time.  Any rate change of a

  3  different percentage shall be subject to the standards and

  4  procedures of s. 627.062.

  5

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

  7         redesignation of s. 631.55(2)(d) as s.

  8         631.55(2)(c) by s. 18, ch. 97-262, Laws of

  9         Florida.

10

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

12  631.914, Florida Statutes, is amended to read:

13         631.914  Assessments.--

14         (1)

15         (c)1.  Effective July 1, 1999, if assessments otherwise

16  authorized in paragraph (a) are insufficient to make all

17  payments on reimbursements then owing to claimants in a

18  calendar year, then upon certification by the board, the

19  department shall levy additional assessments of up to 1.5

20  percent of the insurer's net direct written premiums in this

21  state during the calendar year next preceding proceeding the

22  date of such assessments against insurers to secure the

23  necessary funds.

24         2.  To assure that insurers paying assessments levied

25  under this paragraph continue to charge rates that are neither

26  inadequate nor excessive, each insurer that is to be assessed

27  pursuant to this paragraph, or a licensed rating organization

28  to which the insurer subscribes, may make, within 90 days

29  after being notified of such assessments, a rate filing for

30  workers' compensation coverage pursuant to ss. 627.072 and

31  627.091.  If the filing reflects a percentage rate change

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  1  equal to the difference between the rate of such assessment

  2  and the rate of the previous year's assessment under this

  3  paragraph, the filing shall consist of a certification so

  4  stating and shall be deemed approved when made.  Any rate

  5  change of a different percentage shall be subject to the

  6  standards and procedures of ss. 627.072 and 627.091.

  7

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

  9         facilitate correct interpretation.

10

11         Section 49.  Paragraph (a) of subsection (2) of section

12  633.161, Florida Statutes, is amended to read:

13         633.161  Cease and desist orders; orders to correct

14  hazardous conditions; orders to vacate; violation;

15  penalties.--

16         (2)(a)  If, during the conduct of a firesafety

17  inspection authorized by ss. 633.081 and 633.085, it is

18  determined that a violation described in this section exists

19  which poses an immediate danger to the public health, safety,

20  or welfare, the State Fire Marshal may issue an order to

21  vacate the building in question, which order shall be

22  immediately effective and shall be an immediate final order

23  under s. 120.569(2)(n) 120.569(2)(l). With respect to a

24  facility under the jurisdiction of a district school board or

25  community college board of trustees, the order to vacate shall

26  be issued jointly by the district superintendent or college

27  president and the State Fire Marshal.

28

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

30         redesignation of s. 120.569(2)(l) as s.

31

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  1         120.569(2)(n) by s. 4, ch. 98-200, Laws of

  2         Florida.

  3

  4         Section 50.  Subsection (2) of section 633.72, Florida

  5  Statutes, 1998 Supplement, is amended to read:

  6         633.72  Florida Fire Code Advisory Council.--

  7         (2)  Within 30 days of January 1, 1988, the State Fire

  8  Marshal shall appoint the members of the advisory council, of

  9  whom two members shall serve 4-year terms, two members shall

10  serve 3-year terms, and three members shall serve 2-year

11  terms. Thereafter, Each appointee shall serve a 4-year term.

12  No member shall serve more than one term.  No member of the

13  council shall be paid a salary as such member, but each shall

14  receive travel and expense reimbursement as provided in s.

15  112.061.

16

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

18         that has served its purpose.

19

20         Section 51.  Subsection (1) of section 641.2018,

21  Florida Statutes, is amended to read:

22         641.2018  Limited coverage for home health care

23  authorized.--

24         (1)  Notwithstanding other provisions of this chapter,

25  a health maintenance organization may issue a contract that

26  limits coverage to home health care services only.  The

27  organization and the contract shall be subject to all of the

28  requirements of this part that do not require or otherwise

29  apply to specific benefits other than home care services.  To

30  this extent, all of the requirements of this part apply to any

31  organization or contract that limits coverage to home care

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  1  services, except the requirements for providing comprehensive

  2  health care services as provided in ss. 641.19(4), (12), and

  3  (13) 641.19(2), (6), and (7), and 641.31(1), except ss.

  4  641.31(9), (12), (17), (18), (19), (20), (21), and (24) and

  5  641.31095.

  6

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

  8         redesignation of s. 641.19(2), (6), and (7) as

  9         s. 641.19(4), (12), and (13) by s. 13, ch.

10         96-199, Laws of Florida.

11

12         Section 52.  Section 641.20185, Florida Statutes, is

13  amended to read:

14         641.20185  High-deductible contracts for medical

15  savings accounts.--Notwithstanding the provisions of this the

16  part and part III related to the requirement for providing

17  comprehensive coverage, a health maintenance organization may

18  offer a high-deductible contract to employers that establish

19  medical savings accounts, as defined in s. 220(d) of the

20  Internal Revenue Code.

21

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

23         facilitate correct interpretation.

24

25         Section 53.  Subsection (2) of section 641.30, Florida

26  Statutes, is amended to read:

27         641.30  Construction and relationship to other laws.--

28         (2)  Except as provided in this part, the Florida

29  Insurance Code does not apply to health maintenance

30  organizations certificated under this part, and health

31  maintenance organizations certificated under this part are not

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  1  subject to part I or part II III of this chapter. Any person,

  2  entity, or health maintenance organization operating without a

  3  subsisting certificate of authority in violation of this part

  4  or rules promulgated thereunder or renewing, issuing, or

  5  delivering health maintenance contracts without a subsisting

  6  certificate of authority in violation of this part or rules

  7  promulgated thereunder, in addition to being subject to the

  8  provisions of this part, is subject to the provisions of the

  9  Florida Insurance Code as defined in s. 624.01.

10

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

12         redesignation of parts of chapter 641 by the

13         reviser necessitated by the repeal of sections

14         constituting former part I by s. 185, ch.

15         91-108, Laws of Florida.

16

17         Section 54.  Section 641.3007, Florida Statutes, is

18  reenacted and amended to read:

19         641.3007  Human immunodeficiency virus infection and

20  acquired immune deficiency syndrome for contract purposes.--

21         (1)  PURPOSE.--The purpose of this section is to

22  prohibit unfair practices in a health maintenance organization

23  contract with respect to exposure to the human

24  immunodeficiency virus infection and related matters, and

25  thereby reduce the possibility that a health maintenance

26  organization subscriber or applicant may suffer unfair

27  discrimination when subscribing to or applying for the

28  contractual services of a health maintenance organization.

29         (2)  SCOPE.--This section applies to all health

30  maintenance contracts which are issued in this state or which

31  are issued outside this state but cover residents of this

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  1  state.  This section shall not prohibit a health maintenance

  2  organization from contesting a contract or claim to the extent

  3  allowed by law.

  4         (3)  DEFINITIONS.--As used in this section:

  5         (a)  "AIDS" means acquired immune deficiency syndrome.

  6         (b)  "ARC" means AIDS-related complex.

  7         (c)  "HIV" means human immunodeficiency virus

  8  identified as the causative agent of AIDS.

  9         (4)  UTILIZATION OF MEDICAL TESTS.--

10         (a)  With respect to the issuance of or the

11  underwriting of a health maintenance organization contract

12  regarding exposure to the HIV infection and sickness or

13  medical conditions derived from such infection, a health

14  maintenance organization shall only utilize medical tests

15  which are reliable predictors of risk.  A test which is

16  recommended by the Centers for Disease Control and Prevention

17  or by the federal Food and Drug Administration is deemed to be

18  reliable for the purposes of this section.  A test which is

19  rejected or not recommended by the Centers for Disease Control

20  and Prevention or the federal Food and Drug Administration is

21  a test which is deemed to be not reliable for the purposes of

22  this section.  If a specific Centers for Disease Control and

23  Prevention or federal Food and Drug Administration recommended

24  test indicates the existence or potential existence of

25  exposure by the HIV infection or a sickness or medical

26  condition related to the HIV infection, before relying on a

27  single test result to deny or limit coverage or to rate the

28  coverage, the health maintenance organization shall follow the

29  applicable Centers for Disease Control and Prevention or

30  federal Food and Drug Administration recommended test protocol

31  and shall utilize any applicable Centers for Disease Control

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  1  and Prevention or federal Food and Drug Administration

  2  recommended followup tests or series of tests to confirm the

  3  indication.

  4         (b)  Prior to testing, the health maintenance

  5  organization must disclose its intent to test the person for

  6  the HIV infection or for a specific sickness or medical

  7  condition derived therefrom and must obtain the person's

  8  written informed consent to administer the test.  Written

  9  informed consent shall include a fair explanation of the test,

10  including its purpose, potential uses, and limitations, and

11  the meaning of its results and the right to confidential

12  treatment of information.  Use of a form approved by the

13  department shall raise a conclusive presumption of informed

14  consent.

15         (c)  An applicant shall be notified of a positive test

16  result by a physician designated by the applicant or, in the

17  absence of such designation, by the Department of Health and

18  Rehabilitative Services.  Such notification must include:

19         1.  Face-to-face posttest counseling on the meaning of

20  the test results; the possible need for additional testing;

21  and the need to eliminate behavior which might spread the

22  disease to others;

23         2.  The availability in the geographic area of any

24  appropriate health care services, including mental health

25  care, and appropriate social and support services;

26         3.  The benefits of locating and counseling any

27  individual by whom the infected individual may have been

28  exposed to human immunodeficiency virus and any individual

29  whom the infected individual may have exposed to the virus;

30  and

31

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  1         4.  The availability, if any, of the services of public

  2  health authorities with respect to locating and counseling any

  3  individual described in subparagraph 3.

  4         (d)  A medical test for exposure to the HIV infection

  5  or for a sickness or medical condition derived from such

  6  infection shall only be required of or given to a person if

  7  the test is required or given to all subscribers or applicants

  8  or if the decision to require the test is based on the

  9  person's medical history.  Sexual orientation shall not be

10  used in the underwriting process or in the determination of

11  which subscribers or applicants for enrollment shall be tested

12  for exposure to the HIV infection. Neither the marital status,

13  the living arrangements, the occupation, the gender, the

14  beneficiary designation, nor the zip code or other territorial

15  classification of an applicant shall be used to establish the

16  applicant's sexual orientation.

17         (e)  A health maintenance organization may inquire

18  whether a person has been tested positive for exposure to the

19  HIV infection or been diagnosed as having AIDS or ARC caused

20  by the HIV infection or other sickness or medical condition

21  derived from such infection. A health maintenance organization

22  shall not inquire whether a person has been tested for or has

23  received a negative result from a specific test for exposure

24  to the HIV infection or for a sickness or medical condition

25  derived from such infection.

26         (f)  A health maintenance organization shall maintain

27  strict confidentiality regarding medical test results with

28  respect to the HIV infection or a specific sickness or medical

29  condition derived from such infection.  Information regarding

30  specific test results shall not be disclosed outside the

31  health maintenance organization, its employees, its marketing

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  1  representatives, or its insurance affiliates, except to the

  2  person tested and to persons designated in writing by the

  3  person tested. Specific test results shall not be furnished to

  4  an insurance industry or health maintenance organization data

  5  bank if a review of the information would identify the

  6  individual and the specific test results.

  7         (g)  No laboratory may be used by an insurer or

  8  insurance support organization for the processing of

  9  HIV-related tests unless it is certified by the United States

10  Department of Health and Human Services under the Clinical

11  Laboratories Improvement Act of 1967, permitting testing of

12  specimens obtained in interstate commerce, and subjects itself

13  to ongoing proficiency testing by the College of American

14  Pathologists, the American Association of Bio Analysts, or an

15  equivalent program approved by the Centers for Disease Control

16  and Prevention of the United States Department of Health and

17  Human Services.

18         (5)  RESTRICTIONS ON CONTRACT EXCLUSIONS AND

19  LIMITATIONS.--

20         (a)  A health maintenance organization contract shall

21  not exclude coverage of a member of a subscriber group because

22  of a positive test result for exposure to the HIV infection or

23  a specific sickness or medical condition derived from such

24  infection, either as a condition for or subsequent to the

25  issuance of the contract, provided that this prohibition shall

26  not apply to persons applying for enrollment where individual

27  underwriting is otherwise allowed by law.

28         (b)  No health maintenance organization contract shall

29  exclude or limit coverage for exposure to the HIV infection or

30  a specific sickness or medical condition derived from such

31

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  1  infection, except as provided in a preexisting condition

  2  clause.

  3

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

  5         apparent intent of s. 187, ch. 91-108, Laws of

  6         Florida, which nullified the scheduled

  7         expiration of provisions in chapter 641 in

  8         accordance with s. 11.61.  Section 641.3007 was

  9         scheduled to expire on October 1, 1991,

10         pursuant to s. 54, ch. 88-380, Laws of Florida,

11         which required legislative review, but not

12         specifically pursuant to s. 11.61.  Paragraphs

13         (4)(a) and (g) are amended to conform to the

14         redesignation of the Centers for Disease

15         Control as the Centers for Disease Control and

16         Prevention by Pub. L. No. 102-531.

17

18         Section 55.  Paragraph (b) of subsection (4) of section

19  641.31071, Florida Statutes, is amended to read:

20         641.31071  Preexisting conditions.--

21         (4)

22         (b)  Subparagraphs (a)1. 1. and 2. do not apply to an

23  individual after the end of the first 63-day period during all

24  of which the individual was not covered under any creditable

25  coverage.

26

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

28         facilitate correct interpretation. Paragraph

29         (4)(b) is not divided into subparagraphs.

30

31

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  1         Section 56.  Subsection (1) of section 641.459, Florida

  2  Statutes, is amended to read:

  3         641.459  Construction and relationship to other laws.--

  4         (1)  Except as provided in this part, the Florida

  5  Insurance Code, as defined in s. 624.01, does not apply to

  6  prepaid health clinics certificated under this part; and

  7  prepaid health clinics certificated under this part are not

  8  subject to former part I or part I II of this chapter.

  9

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

11         redesignation of parts of chapter 641 by the

12         reviser necessitated by the repeal of sections

13         constituting former part I by s. 185, ch.

14         91-108, Laws of Florida.

15

16         Section 57.  Subsection (4) of section 641.495, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         641.495  Requirements for issuance and maintenance of

19  certificate.--

20         (4)  The organization shall ensure that the health care

21  services it provides to subscribers, including physician

22  services as required by s. 641.19(13)(d) and (e) 641.19(7)(d)

23  and (e), are accessible to the subscribers, with reasonable

24  promptness, with respect to geographic location, hours of

25  operation, provision of after-hours service, and staffing

26  patterns within generally accepted industry norms for meeting

27  the projected subscriber needs.

28

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

30         redesignation of s. 641.19(7)(d) and (e) as s.

31

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  1         641.19(13)(d) and (e) by s. 13, ch. 96-199,

  2         Laws of Florida.

  3

  4         Section 58.  Paragraph (c) of subsection (4) of section

  5  641.51, Florida Statutes, is amended to read:

  6         641.51  Quality assurance program; second medical

  7  opinion requirement.--

  8         (4)

  9         (c)  For second opinions provided by contract

10  physicians the organization is prohibited from charging a fee

11  to the subscriber in an amount in excess of the subscriber

12  fees established by contract for referral contract physicians.

13  The organization shall pay the amount of all charges, which

14  are usual, reasonable, and customary in the community, for

15  second opinion services performed by a physician not under

16  contract with the organization, but may require the subscriber

17  to be responsible for up to 40 percent of such amount. The

18  organization may require that any tests deemed necessary by a

19  noncontract physician shall be conducted by the organization.

20  The organization may deny reimbursement rights granted under

21  this section in the event the subscriber seeks in excess of

22  three such referrals per year if such subsequent referral

23  costs are deemed by the organization to be evidence that the

24  subscriber has unreasonably overutilized the second opinion

25  privilege.  A subscriber thus denied reimbursement under this

26  section shall have recourse to grievance procedures as

27  specified in ss. 408.7056 641.311, 641.495, and 641.511. The

28  organization's physician's professional judgment concerning

29  the treatment of a subscriber derived after review of a second

30  opinion shall be controlling as to the treatment obligations

31  of the health maintenance organization. Treatment not

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  1  authorized by the health maintenance organization shall be at

  2  the subscriber's expense.

  3

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

  5         redesignation of s. 641.311 as s. 408.7056 by

  6         s. 76, ch. 93-129, Laws of Florida.

  7

  8         Section 59.  Subsection (3) of section 641.512, Florida

  9  Statutes, is amended to read:

10         641.512  Accreditation and external quality assurance

11  assessment.--

12         (3)  A representative of the department shall accompany

13  the accreditation or review organization throughout the

14  accreditation or assessment process, but shall not participate

15  in the final accreditation or assessment determination.  The

16  accreditation or review organization shall monitor and

17  evaluate the quality and appropriateness of patient care, the

18  organization's pursuance of opportunities to improve patient

19  care and resolve identified problems, and the effectiveness of

20  the internal quality assurance program required for health

21  maintenance organization and prepaid health clinic

22  certification pursuant to s. 641.49(3)(p) 641.49(3)(o).

23

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

25         redesignation of s. 641.49(3)(o) as s.

26         641.49(3)(p) by s. 31, ch. 96-199, Laws of

27         Florida.

28

29         Section 60.  Subsection (1) of section 641.515, Florida

30  Statutes, is amended to read:

31         641.515  Investigation by the agency.--

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  1         (1)  The agency shall investigate further any quality

  2  of care issue contained in recommendations and reports

  3  submitted pursuant to ss. 408.7056 641.311 and 641.511.  The

  4  agency shall also investigate further any information that

  5  indicates that the organization does not meet accreditation

  6  standards or the standards of the review organization

  7  performing the external quality assurance assessment pursuant

  8  to reports submitted under s. 641.512.  Every organization

  9  shall submit its books and records and take other appropriate

10  action as may be necessary to facilitate an examination. The

11  agency shall have access to the organization's medical records

12  of individuals and records of employed and contracted

13  physicians, with the consent of the subscriber or by court

14  order, as necessary to carry out the provisions of this part.

15

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

17         redesignation of s. 641.311 as s. 408.7056 by

18         s. 76, ch. 93-129, Laws of Florida.

19

20         Section 61.  Subsection (6) of section 658.2953,

21  Florida Statutes, is amended to read:

22         658.2953  Interstate branching.--

23         (6)  AUTHORITY OF STATE BANKS TO ESTABLISH INTERSTATE

24  BRANCHES BY MERGER.--Beginning May 31, 1997, with the prior

25  written approval of the department, a state bank may

26  establish, maintain, and operate one or more branches in a

27  state other than this state pursuant to an interstate merger

28  transaction in which the state bank is the resulting bank.  No

29  later than the date on which the required application for the

30  interstate merger transaction is filed with the responsible

31  federal bank regulatory agency, the applicant state bank shall

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  1  file an application on a form prescribed by the department

  2  accompanied by the required fee pursuant to s. 658.73. The

  3  applicant shall also comply with the provisions of ss.

  4  658.40-658.45. branching.--

  5

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

  7         language at the end of subsection (6) as

  8         amended by s. 11, ch. 97-30, Laws of Florida,

  9         to improve clarity and facilitate correct

10         interpretation.

11

12         Section 62.  Section 658.90, Florida Statutes, is

13  amended to read:

14         658.90  Receivers or liquidators under supervision of

15  department.--The provisions of ss. 658.79-658.96 658.79-658.99

16  shall apply to all receivers or liquidators of any bank or

17  trust company heretofore appointed by the order of any circuit

18  court, and all such receivers or liquidators, both those

19  hereunder and those hereafter appointed by the circuit court,

20  shall at all times be under the supervision and control of the

21  department and subject at all times to summary discharge and

22  dismissal by it.  Any vacancy in such receivership may be

23  filled by the department at any time.

24

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

26         repeal of s. 658.99 by s. 189, ch. 92-303, Laws

27         of Florida.

28

29         Section 63.  Section 660.29, Florida Statutes, is

30  amended to read:

31

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  1         660.29  Use of personnel and facilities.--To the extent

  2  not prohibited by law, the trust department of a bank or

  3  association, for or in connection with any of its fiduciary

  4  functions or trust business or related activities, may utilize

  5  personnel, facilities, and services of the commercial

  6  department of that bank or the nontrust departments of that

  7  association and of any business organization which is a bank

  8  holding company under the provisions of the Bank Holding

  9  Company Act of 1956, as amended (12 U.S.C. ss. 1841 et seq.),

10  or a savings and loan holding company of which that bank is a

11  subsidiary as defined in said act or that association is a

12  subsidiary, or of any other such subsidiary of that bank or

13  savings and loan holding company; and, to the same extent, the

14  commercial department of a bank or the nontrust departments of

15  an association or any such bank or savings and loan holding

16  company of which that bank or association is a subsidiary, or

17  any other subsidiary of such bank or savings and loan holding

18  company, for or in connection with any of the business

19  activities or functions of such commercial department or

20  nontrust departments, bank or savings and loan holding

21  company, or other subsidiary, may utilize personnel,

22  facilities, and services of the trust department of such bank

23  or association.

24

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

26         complete title of the act.

27

28         Section 64.  Subsection (9) of section 663.16, Florida

29  Statutes, is amended to read:

30         663.16  Definitions; ss. 663.17-663.181.--As used in

31  ss. 663.17-663.181, the term:

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  1         (9)  "Global payment net payment obligation" means the

  2  amount, if any, owed by an international banking corporation

  3  as a whole to a party, after giving effect to the netting

  4  provisions of a qualified financial contract, with respect to

  5  all transactions subject to netting under such qualified

  6  financial contract.

  7

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

  9         facilitate correct interpretation.

10

11         Section 65.  Paragraph (d) of subsection (2) of section

12  671.105, Florida Statutes, 1998 Supplement, is amended to

13  read:

14         671.105  Territorial application of the code; parties'

15  power to choose applicable law.--

16         (2)  When one of the following provisions of this code

17  specifies the applicable law, that provision governs; and a

18  contrary agreement is effective only to the extent permitted

19  by the law (including the conflict-of-laws rules) so

20  specified:

21         (d)  Applicability of the chapter on investment

22  securities. (s. 678.1101 678.1061)

23

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

25         facilitate correct interpretation.

26         Applicability provisions for the chapter on

27         investment securities are found in s. 678.1101,

28         created by s. 1, ch. 98-11, Laws of Florida.

29

30

31

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  1         Section 66.  Paragraph (g) of subsection (1) of section

  2  678.1021, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         678.1021  Definitions.--

  5         (1)  In this chapter:

  6         (g)  "Entitlement holder" means a person identified in

  7  the records of a securities intermediary as the person having

  8  a security entitlement against the securities intermediary. If

  9  a person acquires a security entitlement by virtue of s.

10  678.5011(2)(b) or (c) 678.5011(3)(b) or (c), that person is

11  the entitlement holder.

12

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

14         facilitate correct interpretation.  Section

15         678.5011(3) is not divided into paragraphs, and

16         acquisition of a security entitlement is

17         described in s. 678.5011(2).

18

19         Section 67.  Subsection (3) of section 678.5031,

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

21         678.5031  Property interest of entitlement holder in

22  financial asset held by securities intermediary.--

23         (3)  An entitlement holder's property interest with

24  respect to a particular financial asset under subsection (1)

25  (a) may be enforced against the securities intermediary only

26  by exercise of the entitlement holder's rights under ss.

27  678.5051-678.5081.

28

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

30         facilitate correct interpretation.  Subsection

31

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  1         (1) corresponds to (a) in the model act in the

  2         Uniform Commercial Code.

  3

  4         Section 68.  Section 694.14, Florida Statutes, is

  5  amended to read:

  6         694.14  Validation of deeds executed by guardians

  7  appointed under Veterans' Guardianship Law.--Any deed of

  8  conveyance, executed bona fide and for a valuable

  9  consideration authorized and approved by order of the probate

10  court, by any limited guardian who was appointed as guardian

11  under the Veterans' Guardianship Law of Florida and who acted

12  under that law and the order of the probate court in the

13  execution of the deed of conveyance is hereby cured and shall

14  be deemed and taken as if properly executed, notwithstanding

15  the fact that the deed was executed to property that the

16  mentally incompetent veteran did not directly or otherwise

17  acquire with money received by the veteran from the United

18  States Department of Veteran's Affairs Veterans

19  Administration, and notwithstanding the fact that the

20  conveyance is to property acquired by the mentally incompetent

21  veteran before she or he became a veteran or was declared

22  insane, and notwithstanding the fact that some of the

23  information required by the Veterans' Guardianship Law was not

24  set out in the petition for appointment of the guardian, and

25  notwithstanding the fact that the guardian did not publish the

26  notice of application for an order of sale as required by s.

27  744.631, and notwithstanding any other defect in any part of

28  the guardianship proceeding that resulted in the

29  court-authorized and court-approved proceeding which resulted

30  in the execution of such guardian's deed.

31

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

  2         redesignation of the Veterans Administration as

  3         the United States Department of Veteran's

  4         Affairs by Pub. L. No. 102-83, s. 2, (d)(1),

  5         105 Stat. 402 (1991).

  6

  7         Section 69.  Paragraphs (b) and (c) of subsection (4)

  8  of section 697.05, Florida Statutes, are amended to read:

  9         697.05  Balloon mortgages; scope of law; definition;

10  requirements as to contents; penalties for violations;

11  exemptions.--

12         (4)  This section does not apply to the following:

13         (b)  Any first mortgage, excluding a mortgage in favor

14  of a home improvement contractor defined in s. 520.61(11) the

15  execution of which is required solely by the terms of a home

16  improvement contract which is governed by the provisions of

17  ss. 520.60-520.98 520.60-520.992;

18         (c)  Any mortgage created for a term of 5 years or

19  more, excluding a mortgage in favor of a home improvement

20  contractor defined in s. 520.61(11) the execution of which is

21  required solely by the terms of a home improvement contract

22  which is governed by the provisions of ss. 520.60-520.98

23  520.60-520.992;

24

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

26         repeal of s. 520.992 by s. 31, ch. 87-91, Laws

27         of Florida.

28

29         Section 70.  Subsection (2) of section 704.05, Florida

30  Statutes, is amended to read:

31         704.05  Easements and rights of entry.--

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  1         (2)  Any person claiming such a right of entry or

  2  easement may preserve and protect the same from extinguishment

  3  by the operation of this act by filing a notice in the form

  4  and in accordance with the procedures set forth in ss. 712.05

  5  and 712.06. If the period for filing the notice would expire

  6  prior to January 1, 1977, the period shall be extended to

  7  January 1, 1977.

  8

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

10         that has served its purpose.

11

12         Section 71.  Subsection (9) of section 713.01, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         713.01  Definitions.--As used in this part, the term:

15         (9)  "Engineer" means a person or firm that is

16  authorized to practice engineering pursuant to chapter 471 or

17  a general contractor who provides engineering services under a

18  design-build contract authorized by s. 471.003(2)(i)

19  471.003(2)(j).

20

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

22         redesignation of s. 471.003(2)(j) as s.

23         471.003(2)(i) necessitated by the repeal of s.

24         471.003(2)(f) by s. 65, ch. 98-287, Laws of

25         Florida.

26

27         Section 72.  Section 713.32, Florida Statutes, is

28  amended to read:

29         713.32  Insurance proceeds liable for demands.--The

30  proceeds of any insurance that by the terms of the policy

31  contract are payable to the owner of improved real property or

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  1  a lienor and actually received or to be received by him or her

  2  because of the damage, destruction, or removal by fire or

  3  other casualty of an improvement on which lienors have

  4  furnished labor or services or materials shall, after the

  5  owner or lienor, as the case may be, has been reimbursed

  6  therefrom for any premiums paid by him or her, be liable to

  7  liens or demands for payment provided by this part to the same

  8  extent and in the same manner, order of priority, and

  9  conditions as the real property or payments under a direct

10  contract would have been, if the improvement had not been so

11  damaged, destroyed, or removed.  The insurer may pay the

12  proceeds of the policy of insurance to the insured named in

13  the policy and thereupon any liability of the insurer under

14  this part shall cease. The named insured who receives any

15  proceeds of the policy shall be deemed a trustee of the

16  proceeds, and the proceeds shall be deemed trust funds for the

17  purposes designated by this section for a period of 1 year

18  from the date of receipt of the proceeds. This section shall

19  not apply to that part of the proceeds of any policy of

20  insurance payable to a person, including a mortgagee, who

21  holds a lien perfected before the recording of the notice of

22  commencement or recommencement.

23

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

25         facilitate correct interpretation.

26

27         Section 73.  Subsection (22) of section 718.103,

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

29         718.103  Definitions.--As used in this chapter, the

30  term:

31

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  1         (22)  "Residential condominium" means a condominium

  2  consisting of condominium units, any of which are intended for

  3  use as a private temporary or permanent residence, except that

  4  a condominium is not a residential condominium if the use for

  5  which the units are intended is primarily commercial or

  6  industrial and not more than three units are intended to be

  7  used for private residence, and are intended to be used as

  8  housing for maintenance, managerial, janitorial, or other

  9  operational staff of the condominium. With respect to a

10  condominium that is not a timeshare condominium, a residential

11  unit includes a unit intended as a private temporary or

12  permanent residence as well as a unit not intended for

13  commercial or industrial use. With respect to a timeshare

14  condominium, the timeshare instrument as defined in s.

15  721.05(30) 721.05(28) shall govern the intended use of each

16  unit in the condominium. If a condominium is a residential

17  condominium but contains units intended to be used for

18  commercial or industrial purposes, then, with respect to those

19  units which are not intended for or used as private

20  residences, the condominium is not a residential condominium.

21  A condominium which contains both commercial and residential

22  units is a mixed-use condominium subject to the requirements

23  of s. 718.404.

24

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

26         redesignation of s. 721.05(28) as s. 721.05(29)

27         by s. 2, ch. 95-274, Laws of Florida, and

28         further redesignation as s. 721.05(30) by s. 2,

29         ch. 98-36, Laws of Florida.

30

31

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  1         Section 74.  Paragraph (b) of subsection (7) of section

  2  718.111, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         718.111  The association.--

  5         (7)  TITLE TO PROPERTY.--

  6         (b)  Subject to the provisions of s. 718.112(2)(m)

  7  718.112(2)(n), the association, through its board, has the

  8  limited power to convey a portion of the common elements to a

  9  condemning authority for the purposes of providing utility

10  easements, right-of-way expansion, or other public purposes,

11  whether negotiated or as a result of eminent domain

12  proceedings.

13

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

15         redesignation of s. 718.112(2)(n) as s.

16         718.112(2)(m) by s. 3, ch. 98-322, Laws of

17         Florida.

18

19         Section 75.  Paragraph (e) of subsection (1) of section

20  719.106, Florida Statutes, 1998 Supplement, is amended to

21  read:

22         719.106  Bylaws; cooperative ownership.--

23         (1)  MANDATORY PROVISIONS.--The bylaws or other

24  cooperative documents shall provide for the following, and if

25  they do not, they shall be deemed to include the following:

26         (e)  Budget procedures.--

27         1.  The board of administration shall mail, or hand

28  deliver to each unit owner at the address last furnished to

29  the association, a meeting notice and copies of the proposed

30  annual budget of common expenses to the unit owners not less

31  than 14 days prior to the meeting at which the budget will be

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  1  considered. Evidence of compliance with this 14-day notice

  2  must be made by an affidavit executed by an officer of the

  3  association or the manager or other person providing notice of

  4  the meeting and filed among the official records of the

  5  association. The meeting must be open to the unit owners.

  6         2.  If an adopted budget requires assessment against

  7  the unit owners in any fiscal or calendar year which exceeds

  8  115 percent of the assessments for the preceding year, the

  9  board upon written application of 10 percent of the voting

10  interests to the board, shall call a special meeting of the

11  unit owners within 30 days, upon not less than 10 days'

12  written notice to each unit owner.  At the special meeting,

13  unit owners shall consider and enact a budget. Unless the

14  bylaws require a larger vote, the adoption of the budget

15  requires a vote of not less than a majority of all the voting

16  interests.

17         3.  The board of administration may, in any event,

18  propose a budget to the unit owners at a meeting of members or

19  by writing, and if the budget or proposed budget is approved

20  by the unit owners at the meeting or by a majority of all

21  voting interests in writing, the budget is adopted.  If a

22  meeting of the unit owners has been called and a quorum is not

23  attained or a substitute budget is not adopted by the unit

24  owners, the budget adopted by the board of directors goes into

25  effect as scheduled.

26         4.  In determining whether assessments exceed 115

27  percent of similar assessments for prior years, any authorized

28  provisions for reasonable reserves for repair or replacement

29  of cooperative property, anticipated expenses by the

30  association which are not anticipated to be incurred on a

31  regular or annual basis, or assessments for betterments to the

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  1  cooperative property must be excluded from computation.

  2  However, as long as the developer is in control of the board

  3  of administration, the board may not impose an assessment for

  4  any year greater than 115 percent of the prior fiscal or

  5  calendar year's assessment without approval of a majority of

  6  all voting interests.

  7

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

  9         facilitate correct interpretation.

10

11         Section 76.  Paragraph (a) of subsection (1) of section

12  719.618, Florida Statutes, is amended to read:

13         719.618  Converter reserve accounts; warranties.--

14         (1)  When existing improvements are converted to

15  ownership as a residential cooperative, the developer shall

16  establish reserve accounts for capital expenditures and

17  deferred maintenance, or give warranties as provided by

18  subsection (6), or post a surety bond as provided by

19  subsection (7). The developer shall fund the reserve accounts

20  in amounts calculated as follows:

21         (a)1.  When the existing improvements include an

22  air-conditioning system serving more than one unit or property

23  which the association is responsible to repair, maintain, or

24  replace, the developer shall fund an air-conditioning reserve

25  account. The amount of the reserve account shall be the

26  product of the estimated current replacement cost of the

27  system, as disclosed and substantiated pursuant to s.

28  719.616(3)(b) 719.613(3)(b), multiplied by a fraction, the

29  numerator of which shall be the lesser of the age of the

30  system in years or 9, and the denominator of which shall be

31  10. When such air-conditioning system is within 1,000 yards of

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  1  the seacoast, the numerator shall be the lesser of the age of

  2  the system in years or 3, and the denominator shall be 4.

  3         2.  The developer shall fund a plumbing reserve

  4  account. The amount of the funding shall be the product of the

  5  estimated current replacement cost of the plumbing component,

  6  as disclosed and substantiated pursuant to s. 719.616(3)(b),

  7  multiplied by a fraction, the numerator of which shall be the

  8  lesser of the age of the plumbing in years or 36, and the

  9  denominator of which shall be 40.

10         3.  The developer shall fund a roof reserve account.

11  The amount of the funding shall be the product of the

12  estimated current replacement cost of the roofing component,

13  as disclosed and substantiated pursuant to s. 719.616(3)(b),

14  multiplied by a fraction, the numerator of which shall be the

15  lesser of the age of the roof in years or the numerator listed

16  in the following table. The denominator of the fraction shall

17  be determined based on the roof type, as follows:

18

19      Roof Type                  Numerator   Denominator

20

21  a.  Built-up roof

22      without insulation             4            5

23  b.  Built-up roof

24      with insulation                4            5

25  c.  Cement tile roof              45           50

26  d.  Asphalt shingle roof          14           15

27  e.  Copper roof

28  f.  Wood shingle roof              9           10

29  g.  All other types               18           20

30

31

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

  2         consistency within paragraph (1)(a).  Section

  3         719.613 does not exist.

  4

  5         Section 77.  Paragraph (b) of subsection (5) of section

  6  721.84, Florida Statutes, 1998 Supplement, is amended to read:

  7         721.84  Appointment of a registered agent; duties.--

  8         (5)  A registered agent may resign his agency

  9  appointment for any obligor for which he serves as registered

10  agent, provided that:

11         (b)  A successor registered agent is appointed and such

12  successor registered agent executes an acceptance of

13  appointment as successor registered agent and satisfies all of

14  the requirements of subsection (1). The resigning registered

15  agent may designate the successor registered agent; however,

16  if the resigning registered agent fails to designate a

17  successor registered agent or the designated successor

18  registered agent fails to accept, the successor registered

19  agent for the affected obligors may be designated by the

20  mortgagee as to the mortgage mortgagee lien and by the

21  association of the timeshare plan as to the assessment lien;

22  and

23

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

25         facilitate correct interpretation.

26

27         Section 78.  Subsection (1) of section 723.085, Florida

28  Statutes, is amended to read:

29         723.085  Rights of lienholder on mobile homes in rental

30  mobile home parks.--

31

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  1         (1)  It shall be unlawful for a mobile home park owner

  2  to execute on a writ of possession of a mobile home that is

  3  either undergoing foreclosure of a lien for unpaid purchase

  4  price or first lien, properly noticed pursuant to this act, or

  5  that has been foreclosed on by the lienholder, and the

  6  lienholder is the titleholder of the mobile home, so long as

  7  the lot rental amount is paid in accordance with s. 723.084(6)

  8  section 1(5).

  9

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

11         facilitate correct interpretation.  The

12         original reference in H.B. 2179 (1992) was to

13         subsection (5) of section 11 of the bill which

14         was subsequently moved to subsection (6) of s.

15         16 of the bill, which became s. 723.084(6).

16

17         Section 79.  Subsection (2) of section 734.1025,

18  Florida Statutes, is amended to read:

19         734.1025  Nonresident decedent's estate with property

20  not exceeding $25,000 in this state; determination of

21  claims.--

22         (2)  After complying with the foregoing requirements,

23  the domiciliary personal representative shall cause a notice

24  to be served and published according to the requirements of s.

25  731.111 733.111, notifying all persons having claims or

26  demands against the estate to file them.

27

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

29         facilitate correct interpretation.  Section

30         733.111 does not exist, and s. 731.111 concerns

31         notice to creditors.

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  1         Section 80.  Subsections (3) and (4) of section 741.01,

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

  3         741.01  County court judge or clerk of the circuit

  4  court to issue marriage license; fee.--

  5         (3)  Further, the fee charged for each marriage license

  6  issued in the state shall be increased by an additional sum of

  7  $7.50 to be collected upon receipt of the application for the

  8  issuance of a marriage license.  The clerk shall transfer such

  9  funds monthly to the State Treasury for deposit in the

10  Displaced Homemaker Trust Fund created in s. 446.50 410.30.

11         (4)  An additional fee of $25 shall be paid to the

12  clerk upon receipt of the application for issuance of a

13  marriage license. The moneys collected shall be forwarded by

14  the clerk to the Supreme Court, monthly, for deposit in the

15  Family Courts Trust Fund or in the Grants and Donations Trust

16  Fund, if the Family Courts Trust Fund is not created by

17  general law.

18

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

20         conform to the redesignation of s. 410.30 as s.

21         446.50 by s. 89, ch. 95-418, Laws of Florida.

22         Subsection (4) is amended to conform to the

23         creation of the Family Courts Trust Fund by s.

24         1, ch. 94-223, Laws of Florida.

25

26         Section 81.  Subsection (4) of section 742.107, Florida

27  Statutes, is amended to read:

28         742.107  Determining paternity of child with mother

29  under 16 years of age when impregnated.--

30         (4)  When the information provided by the applicant or

31  recipient who was impregnated while under age 16 indicates

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  1  that such person is the victim of child abuse as provided in

  2  s. 827.04(3) 827.04(4), the Department of Revenue or the

  3  Department of Health and Rehabilitative Services shall notify

  4  the county sheriff's office or other appropriate agency or

  5  official and provide information needed to protect the child's

  6  health or welfare.

  7

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

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

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

11         redesignation of subunits of s. 827.04 by s.

12         10, ch. 96-322, Laws of Florida.

13

14         Section 82.  Subsection (3) of section 743.0645,

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

16         743.0645  Other persons who may consent to medical care

17  or treatment of a minor.--

18         (3)  The Department of Children and Family Services or

19  the Department of Juvenile Justice caseworker, juvenile

20  probation officer case manager, or person primarily

21  responsible for the case management of the child, the

22  administrator of any facility licensed by the department under

23  s. 393.067, s. 394.875, or s. 409.175, or the administrator of

24  any state-operated or state-contracted delinquency residential

25  treatment facility may consent to the medical care or

26  treatment of any minor committed to it or in its custody under

27  chapter 39, chapter 984, or chapter 985, when the person who

28  has the power to consent as otherwise provided by law cannot

29  be contacted and such person has not expressly objected to

30  such consent.  There shall be maintained in the records of the

31  minor documentation that a reasonable attempt was made to

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  1  contact the person who has the power to consent as otherwise

  2  provided by law.

  3

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

  5         redesignation of intake counselor or case

  6         manager as juvenile probation officer by ss. 6

  7         and 7, ch. 98-207, Laws of Florida.

  8

  9         Section 83.  Subsection (3) of section 743.065, Florida

10  Statutes, is amended to read:

11         743.065  Unwed pregnant minor or minor mother; consent

12  to medical services for minor or minor's child valid.--

13         (3)  Nothing in this act shall affect the provisions of

14  s. 390.0111 390.001.

15

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

17         redesignation of s. 390.001 as s. 390.0111 by

18         s. 2, ch. 97-151, Laws of Florida, and s. 1,

19         ch. 98-1, Laws of Florida.

20

21         Section 84.  Section 743.07, Florida Statutes, is

22  reenacted to read:

23         743.07  Rights, privileges, and obligations of persons

24  18 years of age or older.--

25         (1)  The disability of nonage is hereby removed for all

26  persons in this state who are 18 years of age or older, and

27  they shall enjoy and suffer the rights, privileges, and

28  obligations of all persons 21 years of age or older except as

29  otherwise excluded by the State Constitution immediately

30  preceding the effective date of this section and except as

31  otherwise provided in the Beverage Law.

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  1         (2)  This section shall not prohibit any court of

  2  competent jurisdiction from requiring support for a dependent

  3  person beyond the age of 18 years when such dependency is

  4  because of a mental or physical incapacity which began prior

  5  to such person reaching majority or if the person is dependent

  6  in fact, is between the ages of 18 and 19, and is still in

  7  high school, performing in good faith with a reasonable

  8  expectation of graduation before the age of 19.

  9         (3)  This section shall operate prospectively and not

10  retrospectively, and shall not affect the rights and

11  obligations existing prior to July 1, 1973.

12

13         Reviser's note.--Section 8, ch. 91-246, Laws of

14         Florida, purported to amend s. 743.07, but

15         failed to republish subsections (1) and (3).

16         In the absence of affirmative evidence that the

17         Legislature intended to repeal subsections (1)

18         and (3), s. 743.07 is reenacted to confirm that

19         the omission was not intended.

20

21         Section 85.  Section 744.641, Florida Statutes, is

22  amended to read:

23         744.641  Guardian's compensation; bond premiums.--The

24  amount of compensation payable to a guardian shall not exceed

25  5 percent of the income of the ward during any year and may be

26  taken, by the guardian, on a monthly basis. In the event of

27  extraordinary services rendered by such guardian, the court

28  may, upon petition and after hearing on the petition,

29  authorize additional compensation for the extraordinary

30  services, payable from the estate of the ward. Provided that

31  extraordinary services approved by the United States

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  1  Department of Veteran's Affairs Veterans Administration do not

  2  require a court hearing for approval of the fees, but shall

  3  require an order authorizing the guardian to withdraw the

  4  amount from the guardianship account. No compensation shall be

  5  allowed on the corpus of an estate received from a preceding

  6  guardian. The guardian may be allowed from the estate of her

  7  or his ward reasonable premiums paid by the guardian to any

  8  corporate surety upon the guardian's bond.

  9

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

11         redesignation of the Veterans Administration as

12         the United States Department of Veteran's

13         Affairs by Pub. L. No. 102-83, s. 2, (d)(1),

14         105 Stat. 402 (1991).

15

16         Section 86.  Subsection (7) of section 744.704, Florida

17  Statutes, is amended to read:

18         744.704  Powers and duties.--

19         (7)  A public guardian shall not commit a ward to a

20  mental health treatment facility, as defined in s. 394.455(30)

21  394.455(29), without an involuntary placement proceeding as

22  provided by law.

23

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

25         facilitate correct interpretation.  Section

26         394.455(30) as redesignated by s. 2, ch.

27         96-169, Laws of Florida, defines treatment

28         facility.

29

30         Section 87.  Subsection (2) of section 765.113, Florida

31  Statutes, is amended to read:

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  1         765.113  Restrictions on providing consent.--Unless the

  2  principal expressly delegates such authority to the surrogate

  3  in writing, or a surrogate or proxy has sought and received

  4  court approval pursuant to rule 5.900 of the Florida Probate

  5  Rules, a surrogate or proxy may not provide consent for:

  6         (2)  Withholding or withdrawing life-prolonging

  7  procedures from a pregnant patient prior to viability as

  8  defined in s. 390.0111(4) 390.001(5).

  9

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

11         redesignation of s. 390.001(5) as s.

12         390.0111(4) by s. 2, ch. 97-151, Laws of

13         Florida, and s. 1, ch. 98-1, Laws of Florida.

14

15         Section 88.  Subsection (8) of section 766.1115,

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

17         766.1115  Health care providers; creation of agency

18  relationship with governmental contractors.--

19         (8)  REPORT TO THE LEGISLATURE.--Annually, beginning

20  January 1, 1993, the department shall report to the President

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

22  and the minority leaders and relevant substantive committee

23  chairpersons of both houses, summarizing the efficacy of

24  access and treatment outcomes with respect to providing health

25  care services for low-income persons pursuant to this section.

26

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

28         that has served its purpose.

29

30         Section 89.  Subsection (2) of section 766.207, Florida

31  Statutes, is amended to read:

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  1         766.207  Voluntary binding arbitration of medical

  2  negligence claims.--

  3         (2)  Upon the completion of presuit investigation with

  4  preliminary reasonable grounds for a medical negligence claim

  5  intact, the parties may elect to have damages determined by an

  6  arbitration panel.  Such election may be initiated by either

  7  party by serving a request for voluntary binding arbitration

  8  of damages within 90 days after service of the claimant's

  9  notice of intent to initiate litigation upon the defendant.

10  The evidentiary standards for voluntary binding arbitration of

11  medical negligence claims shall be as provided in ss.

12  120.569(2)(g) 120.569(2)(e) and 120.57(1)(c).

13

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

15         redesignation of s. 120.569(2)(e) as s.

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

17         Florida.

18

19         Section 90.  Section 766.304, Florida Statutes, 1998

20  Supplement, is amended to read:

21         766.304  Administrative law judge to determine

22  claims.--The administrative law judge shall hear and determine

23  all claims filed pursuant to ss. 766.301-766.316 and shall

24  exercise the full power and authority granted to her or him in

25  chapter 120, as necessary, to carry out the purposes of such

26  sections. The administrative law judge has exclusive

27  jurisdiction to determine whether a claim filed under this act

28  is compensable. No civil action may be brought until the

29  determinations under s. 766.309 have been made by the

30  administrative law judge. If the administrative law judge

31  determines that the claimant is entitled to compensation from

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  1  the association, no civil action may be brought or continued

  2  in violation of the exclusiveness of remedy provisions of s.

  3  766.303. If it is determined that a claim filed under this act

  4  is not compensable, neither the doctrine of neither collateral

  5  estoppel nor res judicata shall prohibit the claimant from

  6  pursuing any and all civil remedies available under common law

  7  and statutory law. The findings of fact and conclusions of law

  8  of the administrative law judge shall not be admissible in any

  9  subsequent proceeding; however, the sworn testimony of any

10  person and the exhibits introduced into evidence in the

11  administrative case are admissible as impeachment in any

12  subsequent civil action only against a party to the

13  administrative proceeding, subject to the Rules of Evidence.

14  An action may not be brought under ss. 766.301-766.316 if the

15  claimant recovers or final judgment is entered. The division

16  may adopt rules to promote the efficient administration of,

17  and to minimize the cost associated with, the prosecution of

18  claims.

19

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

21         facilitate correct interpretation.

22

23         Section 91.  Section 766.316, Florida Statutes, 1998

24  Supplement, is amended to read:

25         766.316  Notice to obstetrical patients of

26  participation in the plan.--Each hospital with a participating

27  physician on its staff and each participating physician, other

28  than residents, assistant residents, and interns deemed to be

29  participating physicians under s. 766.314(4)(c), under the

30  Florida Birth-Related Neurological Injury Compensation Plan

31  shall provide notice to the obstetrical patients as to the

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  1  limited no-fault alternative for birth-related neurological

  2  injuries. Such notice shall be provided on forms furnished by

  3  the association and shall include a clear and concise

  4  explanation of a patient's rights and limitations under the

  5  plan. The hospital or the participating physician may elect to

  6  have the patient sign a form acknowledging receipt of the

  7  notice form. Signature of the patient acknowledging receipt of

  8  the notice form raises a rebuttable presumption that the

  9  notice requirements of this section have been met. Notice need

10  not be given to a patient when the patient has an emergency

11  medical condition as defined in s. 395.002(9)(b) 395.002(8)(b)

12  or when notice is not practicable.

13

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

15         redesignation of subunits of s. 395.002 by s.

16         23, ch. 98-89, Laws of Florida, and s. 37, ch.

17         98-171, Laws of Florida.

18

19         Section 92.  Paragraph (a) of subsection (1) of section

20  772.102, Florida Statutes, is amended to read:

21         772.102  Definitions.--As used in this chapter, the

22  term:

23         (1)  "Criminal activity" means to commit, to attempt to

24  commit, to conspire to commit, or to solicit, coerce, or

25  intimidate another person to commit:

26         (a)  Any crime which is chargeable by indictment or

27  information under the following provisions:

28         1.  Section 210.18, relating to evasion of payment of

29  cigarette taxes.

30         2.  Section 414.39, relating to public assistance

31  fraud.

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  1         3.  Section 440.105 or s. 440.106, relating to workers'

  2  compensation.

  3         4.  Part IV of chapter 501, relating to telemarketing.

  4         5.  Chapter 517, relating to securities transactions.

  5         6.  Section 550.235, s. 550.3551, or s. 550.3605,

  6  relating to dogracing and horseracing.

  7         7.  Chapter 550, relating to jai alai frontons.

  8         8.  Chapter 552, relating to the manufacture,

  9  distribution, and use of explosives.

10         9.  Chapter 562, relating to beverage law enforcement.

11         10.  Section 624.401, relating to transacting insurance

12  without a certificate of authority, s. 624.437(4)(c)1.,

13  relating to operating an unauthorized multiple-employer

14  welfare arrangement, or s. 626.902(1)(b), relating to

15  representing or aiding an unauthorized insurer.

16         11.  Chapter 687, relating to interest and usurious

17  practices.

18         12.  Section 721.08, s. 721.09, or s. 721.13, relating

19  to real estate timeshare plans.

20         13.  Chapter 782, relating to homicide.

21         14.  Chapter 784, relating to assault and battery.

22         15.  Chapter 787, relating to kidnapping.

23         16.  Chapter 790, relating to weapons and firearms.

24         17.  Section 796.01, s. 796.03, s. 796.04, s. 796.05,

25  or s. 796.07, relating to prostitution.

26         18.  Chapter 806, relating to arson.

27         19.  Section 810.02(2)(c), relating to specified

28  burglary of a dwelling or structure.

29         20.  Chapter 812, relating to theft, robbery, and

30  related crimes.

31         21.  Chapter 815, relating to computer-related crimes.

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  1         22.  Chapter 817, relating to fraudulent practices,

  2  false pretenses, fraud generally, and credit card crimes.

  3         23.  Section 827.071, relating to commercial sexual

  4  exploitation of children.

  5         24.  Chapter 831, relating to forgery and

  6  counterfeiting.

  7         25.  Chapter 832, relating to issuance of worthless

  8  checks and drafts.

  9         26.  Section 836.05, relating to extortion.

10         27.  Chapter 837, relating to perjury.

11         28.  Chapter 838, relating to bribery and misuse of

12  public office.

13         29.  Chapter 843, relating to obstruction of justice.

14         30.  Section 847.011, s. 847.012, s. 847.013, s.

15  847.06, or s. 847.07, relating to obscene literature and

16  profanity.

17         31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

18  or s. 849.25, relating to gambling.

19         32.  Chapter 893, relating to drug abuse prevention and

20  control.

21         33.  Section 914.22 or s. 914.23, relating to

22  witnesses, victims, or informants.

23         34.  Section 918.12 or s. 918.13, relating to tampering

24  with jurors and evidence.

25

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

27         repeal of s. 796.01 by s. 2, ch. 93-258, Laws

28         of Florida.

29

30         Section 93.  Section 773.02, Florida Statutes, is

31  amended to read:

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  1         773.02  General provisions.--Except as provided in s.

  2  773.03 section 3, an equine activity sponsor, an equine

  3  professional, or any other person, which shall include a

  4  corporation or partnership, shall not be liable for an injury

  5  to or the death of a participant resulting from the inherent

  6  risks of equine activities and, except as provided in s.

  7  773.03 section 3, no participant nor any participant's

  8  representative shall have any claim against or recover from

  9  any equine activity sponsor, equine professional, or any other

10  person for injury, loss, damage, or death of the participant

11  resulting from any of the inherent risks of equine activities.

12

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

14         facilitate correct interpretation.  The

15         provisions which became ss. 773.01-773.05 were

16         added to C.S. for S.B. 1658 by Senate amendment

17         at Journal of the Senate 1993, pp. 674-675.

18         Section 3, which became s. 90 of the bill,

19         relating to limitation on liability for equine

20         activity and exceptions to that limitation, was

21         codified as s. 773.03.

22

23         Section 94.  Section 773.05, Florida Statutes, is

24  amended to read:

25         773.05  Limitation on liability of persons making land

26  available to public for recreational purposes.--Nothing in ss.

27  773.01-773.05 this act shall be construed to limit in any way

28  the limitation of liability granted to private citizens who

29  allow the public to use their land for recreational purposes,

30  as provided in s. 375.251.

31

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

  2         facilitate correct interpretation.  The

  3         provisions which became ss. 773.01-773.05 were

  4         added to C.S. for S.B. 1658 by Senate amendment

  5         at Journal of the Senate 1993, pp. 674-675.

  6

  7         Section 95.  Subsection (1) of section 775.0877,

  8  Florida Statutes, is amended to read:

  9         775.0877  Criminal transmission of HIV; procedures;

10  penalties.--

11         (1)  In any case in which a person has been convicted

12  of or has pled nolo contendere or guilty to, regardless of

13  whether adjudication is withheld, any of the following

14  offenses, or the attempt thereof, which offense or attempted

15  offense involves the transmission of body fluids from one

16  person to another:

17         (a)  Section 794.011, relating to sexual battery,

18         (b)  Section 826.04, relating to incest,

19         (c)  Section 800.04(1), (2), and (3), relating to lewd,

20  lascivious, or indecent assault or act upon any person less

21  than 16 years of age,

22         (d)  Sections 784.011, 784.07(2)(a), and 784.08(2)(d),

23  relating to assault,

24         (e)  Sections 784.021, 784.07(2)(c), and 784.08(2)(b),

25  relating to aggravated assault,

26         (f)  Sections 784.03, 784.07(2)(b), and 784.08(2)(c),

27  relating to battery,

28         (g)  Sections 784.045, 784.07(2)(d), and 784.08(2)(a),

29  relating to aggravated battery,

30         (h)  Section 827.03(1), relating to child abuse,

31

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  1         (i)  Section 827.03(2), relating to aggravated child

  2  abuse,

  3         (j)  Section 825.102(1), relating to abuse of an

  4  elderly person or disabled adult,

  5         (k)  Section 825.102(2), relating to aggravated abuse

  6  of an elderly person or disabled adult,

  7         (l)  Section 827.071, relating to sexual performance by

  8  person less than 18 years of age,

  9         (m)  Sections 796.03, 796.07, and 796.08, relating to

10  prostitution, or

11         (n)  Section 381.0041(11)(b), relating to donation of

12  blood, plasma, organs, skin, or other human tissue,

13

14  the court shall order the offender to undergo HIV testing, to

15  be performed under the direction of the Department of Health

16  and Rehabilitative Services in accordance with s. 381.004,

17  unless the offender has undergone HIV testing voluntarily or

18  pursuant to procedures established in s. 381.004(3)(h)6.

19  381.004(3)(i)6. or s. 951.27, or any other applicable law or

20  rule providing for HIV testing of criminal offenders or

21  inmates, subsequent to her or his arrest for an offense

22  enumerated in paragraphs (a)-(n) for which she or he was

23  convicted or to which she or he pled nolo contendere or

24  guilty.  The results of an HIV test performed on an offender

25  pursuant to this subsection are not admissible in any criminal

26  proceeding arising out of the alleged offense.

27

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

29         redesignation of s. 381.004(3)(i)6. as s.

30         381.004(3)(h)6. by s. 2, ch. 98-171, Laws of

31         Florida.

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  1         Section 96.  Subsection (2) of section 784.07, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         784.07  Assault or battery of law enforcement officers,

  4  firefighters, emergency medical care providers, public transit

  5  employees or agents, or other specified officers;

  6  reclassification of offenses; minimum sentences.--

  7         (2)  Whenever any person is charged with knowingly

  8  committing an assault or battery upon a law enforcement

  9  officer, a firefighter, an emergency medical care provider, a

10  traffic accident investigation officer as described in s.

11  316.640, a traffic infraction enforcement officer as described

12  in s. 316.640 318.141, a parking enforcement specialist as

13  defined in s. 316.640, or a security officer employed by the

14  board of trustees of a community college, while the officer,

15  firefighter, emergency medical care provider, intake officer,

16  traffic accident investigation officer, traffic infraction

17  enforcement officer, parking enforcement specialist, public

18  transit employee or agent, or security officer is engaged in

19  the lawful performance of his or her duties, the offense for

20  which the person is charged shall be reclassified as follows:

21         (a)  In the case of assault, from a misdemeanor of the

22  second degree to a misdemeanor of the first degree.

23         (b)  In the case of battery, from a misdemeanor of the

24  first degree to a felony of the third degree.

25         (c)  In the case of aggravated assault, from a felony

26  of the third degree to a felony of the second degree.

27         (d)  In the case of aggravated battery, from a felony

28  of the second degree to a felony of the first degree.

29

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

31         repeal of s. 318.141, which described traffic

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  1         infraction enforcement officers, by s. 44, ch.

  2         96-350, Laws of Florida, and the addition of

  3         the description of a traffic infraction

  4         enforcement officer in s. 316.640 by s. 37, ch.

  5         96-350.

  6

  7         Section 97.  Section 784.075, Florida Statutes, 1998

  8  Supplement, is amended to read:

  9         784.075  Battery on detention or commitment facility

10  staff.--A person who commits a battery on a an juvenile

11  probation officer intake counselor or case manager, as defined

12  in s. 984.03(33) or s. 985.03(32) 984.03(31) or s. 985.03(30),

13  on other staff of a detention center or facility as defined in

14  s. 984.03(19) or s. 985.03(19), or on a staff member of a

15  commitment facility as defined in s. 985.03(46) 985.03(45),

16  commits a felony of the third degree, punishable as provided

17  in s. 775.082, s. 775.083, or s. 775.084. For purposes of this

18  section, a staff member of the facilities listed includes

19  persons employed by the Department of Juvenile Justice,

20  persons employed at facilities licensed by the Department of

21  Juvenile Justice, and persons employed at facilities operated

22  under a contract with the Department of Juvenile Justice.

23

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

25         incorporation into ss. 984.03 and 985.03,

26         through the directive in s. 122, ch. 97-238,

27         Laws of Florida, of the redesignation of intake

28         counselor or case manager as juvenile probation

29         officer by ss. 6 and 7, ch. 98-207, Laws of

30         Florida.  The subsections within ss. 984.03 and

31

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  1         985.03 were further redesignated by ss. 6 and

  2         7, ch. 98-207.

  3

  4         Section 98.  Paragraph (a) of subsection (1) of section

  5  790.0655, Florida Statutes, is amended to read:

  6         790.0655  Purchase and delivery of handguns; mandatory

  7  waiting period; exceptions; penalties.--

  8         (1)(a)  There shall be a mandatory 3-day waiting

  9  period, which shall be 3 days, excluding weekends and legal

10  holidays, between the purchase and the delivery at retail of

11  any handgun. "Purchase" means the transfer of money or other

12  valuable consideration to the retailer. "Handgun" means a

13  firearm capable of being carried and used by one hand, such as

14  a pistol or revolver. "Retailer" means and includes every

15  person engaged in the business of making sales at retail or

16  for distribution, or use, or consumption, or storage to be

17  used or consumed in this state, as defined in s. 212.02(13)

18  212.02(14).

19

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

21         redesignation of s. 212.02(14) as s. 212.02(13)

22         necessitated by the repeal of subsection (12)

23         by s. 31, ch. 95-146, Laws of Florida.

24

25         Section 99.  Section 794.011, Florida Statutes, is

26  reenacted to read:

27         794.011  Sexual battery.--

28         (1)  As used in this chapter:

29         (a)  "Consent" means intelligent, knowing, and

30  voluntary consent and does not include coerced submission.

31  "Consent" shall not be deemed or construed to mean the failure

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  1  by the alleged victim to offer physical resistance to the

  2  offender.

  3         (b)  "Mentally defective" means a mental disease or

  4  defect which renders a person temporarily or permanently

  5  incapable of appraising the nature of his or her conduct.

  6         (c)  "Mentally incapacitated" means temporarily

  7  incapable of appraising or controlling a person's own conduct

  8  due to the influence of a narcotic, anesthetic, or

  9  intoxicating substance administered without his or her consent

10  or due to any other act committed upon that person without his

11  or her consent.

12         (d)  "Offender" means a person accused of a sexual

13  offense in violation of a provision of this chapter.

14         (e)  "Physically helpless" means unconscious, asleep,

15  or for any other reason physically unable to communicate

16  unwillingness to an act.

17         (f)  "Retaliation" includes, but is not limited to,

18  threats of future physical punishment, kidnapping, false

19  imprisonment or forcible confinement, or extortion.

20         (g)  "Serious personal injury" means great bodily harm

21  or pain, permanent disability, or permanent disfigurement.

22         (h)  "Sexual battery" means oral, anal, or vaginal

23  penetration by, or union with, the sexual organ of another or

24  the anal or vaginal penetration of another by any other

25  object; however, sexual battery does not include an act done

26  for a bona fide medical purpose.

27         (i)  "Victim" means a person who has been the object of

28  a sexual offense.

29         (j)  "Physically incapacitated" means bodily impaired

30  or handicapped and substantially limited in ability to resist

31  or flee.

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  1         (2)(a)  A person 18 years of age or older who commits

  2  sexual battery upon, or in an attempt to commit sexual battery

  3  injures the sexual organs of, a person less than 12 years of

  4  age commits a capital felony, punishable as provided in ss.

  5  775.082 and 921.141.

  6         (b)  A person less than 18 years of age who commits

  7  sexual battery upon, or in an attempt to commit sexual battery

  8  injures the sexual organs of, a person less than 12 years of

  9  age commits a life felony, punishable as provided in s.

10  775.082, s. 775.083, or s. 775.084.

11         (3)  A person who commits sexual battery upon a person

12  12 years of age or older, without that person's consent, and

13  in the process thereof uses or threatens to use a deadly

14  weapon or uses actual physical force likely to cause serious

15  personal injury commits a life felony, punishable as provided

16  in s. 775.082, s. 775.083, or s. 775.084.

17         (4)  A person who commits sexual battery upon a person

18  12 years of age or older without that person's consent, under

19  any of the following circumstances, commits a felony of the

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

21  775.083, or s. 775.084:

22         (a)  When the victim is physically helpless to resist.

23         (b)  When the offender coerces the victim to submit by

24  threatening to use force or violence likely to cause serious

25  personal injury on the victim, and the victim reasonably

26  believes that the offender has the present ability to execute

27  the threat.

28         (c)  When the offender coerces the victim to submit by

29  threatening to retaliate against the victim, or any other

30  person, and the victim reasonably believes that the offender

31  has the ability to execute the threat in the future.

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  1         (d)  When the offender, without the prior knowledge or

  2  consent of the victim, administers or has knowledge of someone

  3  else administering to the victim any narcotic, anesthetic, or

  4  other intoxicating substance which mentally or physically

  5  incapacitates the victim.

  6         (e)  When the victim is mentally defective and the

  7  offender has reason to believe this or has actual knowledge of

  8  this fact.

  9         (f)  When the victim is physically incapacitated.

10         (g)  When the offender is a law enforcement officer,

11  correctional officer, or correctional probation officer as

12  defined by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who

13  is certified under the provisions of s. 943.1395 or is an

14  elected official exempt from such certification by virtue of

15  s. 943.253, or any other person in a position of control or

16  authority in a probation, community control, controlled

17  release, detention, custodial, or similar setting, and such

18  officer, official, or person is acting in such a manner as to

19  lead the victim to reasonably believe that the offender is in

20  a position of control or authority as an agent or employee of

21  government.

22         (5)  A person who commits sexual battery upon a person

23  12 years of age or older, without that person's consent, and

24  in the process thereof does not use physical force and

25  violence likely to cause serious personal injury commits a

26  felony of the second degree, punishable as provided in s.

27  775.082, s. 775.083, or s. 775.084.

28         (6)  The offense described in subsection (5) is

29  included in any sexual battery offense charged under

30  subsection (3) or subsection (4).

31

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  1         (7)  A person who is convicted of committing a sexual

  2  battery on or after October 1, 1992, is not eligible for basic

  3  gain-time under s. 944.275.  This subsection may be cited as

  4  the "Junny Rios-Martinez, Jr. Act of 1992."

  5         (8)  Without regard to the willingness or consent of

  6  the victim, which is not a defense to prosecution under this

  7  subsection, a person who is in a position of familial or

  8  custodial authority to a person less than 18 years of age and

  9  who:

10         (a)  Solicits that person to engage in any act which

11  would constitute sexual battery under paragraph (1)(h) commits

12  a felony of the third degree, punishable as provided in s.

13  775.082, s. 775.083, or s. 775.084.

14         (b)  Engages in any act with that person while the

15  person is 12 years of age or older but less than 18 years of

16  age which constitutes sexual battery under paragraph (1)(h)

17  commits a felony of the first degree, punishable as provided

18  in s. 775.082, s. 775.083, or s. 775.084.

19         (c)  Engages in any act with that person while the

20  person is less than 12 years of age which constitutes sexual

21  battery under paragraph (1)(h), or in an attempt to commit

22  sexual battery injures the sexual organs of such person

23  commits a capital or life felony, punishable pursuant to

24  subsection (2).

25         (9)  For prosecution under paragraph (4)(g),

26  acquiescence to a person reasonably believed by the victim to

27  be in a position of authority or control does not constitute

28  consent, and it is not a defense that the perpetrator was not

29  actually in a position of control or authority if the

30  circumstances were such as to lead the victim to reasonably

31  believe that the person was in such a position.

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  1         (10)  Any person who falsely accuses any person listed

  2  in paragraph (4)(g) or other person in a position of control

  3  or authority as an agent or employee of government of

  4  violating paragraph (4)(g) is guilty of a felony of the third

  5  degree, punishable as provided in s. 775.082, s. 775.083, or

  6  s. 775.084.

  7

  8         Reviser's note.--Section 3, ch. 93-156, Laws of

  9         Florida, purported to amend s. 794.011, but

10         failed to republish the section to include the

11         amendment to subsection (5) by s. 3, ch.

12         92-135, Laws of Florida.  In the absence of

13         affirmative evidence that the Legislature

14         intended to repeal the amendment by s. 3, ch.

15         92-135, s. 794.011 is reenacted as amended by

16         s. 3, ch. 92-135, and s. 3, ch. 93-156, to

17         confirm that the omission was not intended.

18

19         Section 100.  Subsection (1) of section 794.024,

20  Florida Statutes, is amended to read:

21         794.024  Unlawful to disclose identifying

22  information.--

23         (1)  A public employee or officer who has access to the

24  photograph, name, or address of a person who is alleged to be

25  the victim of an offense described in this chapter, chapter

26  800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and

27  knowingly disclose it to a person who is not assisting in the

28  investigation or prosecution of the alleged offense or to any

29  person other than the defendant, the defendant's attorney, or

30  a person specified in an order entered by the court having

31  jurisdiction of the alleged offense, or to organizations

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  1  authorized to receive such information pursuant to s.

  2  119.07(3)(f) 119.07(3)(h).

  3

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

  5         redesignation of s. 119.07(3)(h) as s.

  6         119.07(3)(f) by s. 9, ch. 95-398, Laws of

  7         Florida.

  8

  9         Section 101.  Subsection (2) of section 810.14, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         810.14  Voyeurism prohibited; penalties.--

12         (2)  A person who violates this section commits a

13  misdemeanor of the first degree for the first violation,

14  punishable as provided in s. 775.082, or s. 775.083, or s.

15  775.084.

16

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

18         deletion of all reference to misdemeanors in s.

19         775.084 by s. 6, ch. 88-131, Laws of Florida.

20

21         Section 102.  Paragraph (c) of subsection (2) of

22  section 812.014, Florida Statutes, is amended to read:

23         812.014  Theft.--

24         (2)

25         (c)  It is grand theft of the third degree and a felony

26  of the third degree, punishable as provided in s. 775.082, s.

27  775.083, or s. 775.084, if the property stolen is:

28         1.  Valued at $300 or more, but less than $5,000.

29         2.  Valued at $5,000 or more, but less than $10,000.

30         3.  Valued at $10,000 or more, but less than $20,000.

31         4.  A will, codicil, or other testamentary instrument.

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  1         5.  A firearm.

  2         6.  A motor vehicle, except as provided in paragraph

  3  subparagraph (2)(a).

  4         7.  Any commercially farmed animal, including any

  5  animal of the equine, bovine, or swine class, or other grazing

  6  animal, and including aquaculture species raised at a

  7  certified aquaculture facility.  If the property stolen is

  8  aquaculture species raised at a certified aquaculture

  9  facility, then a $10,000 fine shall be imposed.

10         8.  Any fire extinguisher.

11         9.  Any amount of citrus fruit consisting of 2,000 or

12  more individual pieces of fruit.

13         10.  Taken from a designated construction site

14  identified by the posting of a sign as provided for in s.

15  810.09(2)(d).

16

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

18         facilitate correct interpretation.

19

20         Section 103.  Paragraph (f) of subsection (1) and

21  paragraph (f) of subsection (2) of section 828.27, Florida

22  Statutes, are amended to read:

23         828.27  Local animal control or cruelty ordinances;

24  penalty.--

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

26         (f)  "Citation" means a written notice, issued to a

27  person by an officer, that the officer has probable cause to

28  believe that the person has committed a civil infraction in

29  violation of a duly enacted ordinance and that the county

30  court will hear the charge.  The citation must contain:

31         1.  The date and time of issuance.

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  1         2.  The name and address of the person.

  2         3.  The date and time the civil infraction was

  3  committed.

  4         4.  The facts constituting probable cause.

  5         5.  The ordinance violated.

  6         6.  The name and authority of the officer.

  7         7.  The procedure for the person to follow in order to

  8  pay the civil penalty, to contest the citation, or to appear

  9  in court as required under subsection (6) (5).

10         8.  The applicable civil penalty if the person elects

11  to contest the citation.

12         9.  The applicable civil penalty if the person elects

13  not to contest the citation.

14         10.  A conspicuous statement that if the person fails

15  to pay the civil penalty within the time allowed, or fails to

16  appear in court to contest the citation, the person shall be

17  deemed to have waived his or her right to contest the citation

18  and that, in such case, judgment may be entered against the

19  person for an amount up to the maximum civil penalty.

20         11.  A conspicuous statement that if the person is

21  required to appear in court as mandated by subsection (6) (5),

22  he or she does not have the option of paying a fine in lieu of

23  appearing in court.

24         (2)  The governing body of a county or municipality is

25  authorized to enact ordinances relating to animal control or

26  cruelty, which ordinances must provide:

27         (f)  That, if a person fails to pay the civil penalty,

28  fails to appear in court to contest the citation, or fails to

29  appear in court as required by subsection (6) (5), the court

30  may issue an order to show cause upon the request of the

31  governing body of the county or municipality.  This order

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  1  shall require such persons to appear before the court to

  2  explain why action on the citation has not been taken.  If any

  3  person who is issued such order fails to appear in response to

  4  the court's directive, that person may be held in contempt of

  5  court.

  6

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

  8         redesignation of subsection (5) of s. 828.27 as

  9         subsection (6) by s. 6, ch. 94-339, Laws of

10         Florida.

11

12         Section 104.  Section 831.31, Florida Statutes, is

13  reenacted to read:

14         831.31  Counterfeit controlled substance; sale,

15  manufacture, delivery, or possession with intent to sell,

16  manufacture, or deliver.--

17         (1)  It is unlawful for any person to sell,

18  manufacture, or deliver, or to possess with intent to sell,

19  manufacture, or deliver, a counterfeit controlled substance.

20  Any person who violates this subsection with respect to:

21         (a)  A controlled substance named or described in s.

22  893.03(1), (2), (3), or (4) is guilty of a felony of the third

23  degree, punishable as provided in s. 775.082, s. 775.083, or

24  s. 775.084.

25         (b)  A controlled substance named or described in s.

26  893.03(5) is guilty of a misdemeanor of the second degree,

27  punishable as provided in s. 775.082 or s. 775.083.

28         (2)  For purposes of this section, "counterfeit

29  controlled substance" means:

30         (a)  A controlled substance named or described in s.

31  893.03 which, or the container or labeling of which, without

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  1  authorization bears the trademark, trade name, or other

  2  identifying mark, imprint, or number, or any likeness thereof,

  3  of a manufacturer other than the person who in fact

  4  manufactured the controlled substance; or

  5         (b)  Any substance which is falsely identified as a

  6  controlled substance named or described in s. 893.03.

  7

  8         Reviser's note.--Section 102, ch. 97-264, Laws

  9         of Florida, purported to reenact s. 831.31, but

10         failed to republish the reenacted section to

11         include paragraph (1)(b).  In the absence of

12         affirmative evidence that the Legislature

13         intended to repeal paragraph (1)(b), s. 831.31

14         is reenacted to confirm that the omission was

15         not intended.

16

17         Section 105.  Paragraph (b) of subsection (7) of

18  section 901.15, Florida Statutes, 1998 Supplement, is amended

19  to read:

20         901.15  When arrest by officer without warrant is

21  lawful.--A law enforcement officer may arrest a person without

22  a warrant when:

23         (7)  There is probable cause to believe that the person

24  has committed:

25         (b)  Child abuse, as defined in s. 827.04(1) and (2)

26  827.04(2) and (3).

27

28  With respect to an arrest for an act of domestic violence, the

29  decision to arrest shall not require consent of the victim or

30  consideration of the relationship of the parties. It is the

31  public policy of this state to strongly discourage arrest and

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  1  charges of both parties for domestic violence on each other

  2  and to encourage training of law enforcement and prosecutors

  3  in this area. A law enforcement officer who acts in good faith

  4  and exercises due care in making an arrest under this

  5  subsection, under s. 741.31(4) or s. 784.047, or pursuant to a

  6  foreign order of protection accorded full faith and credit

  7  pursuant to s. 741.315, is immune from civil liability that

  8  otherwise might result by reason of his or her action.

  9

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

11         deletion of former s. 827.04(2) and

12         redesignation of former s. 827.04(3) as s.

13         827.04(1) and (2) by s. 10, ch. 96-322, Laws of

14         Florida.

15

16         Section 106.  Subsection (4) of section 907.041,

17  Florida Statutes, is reenacted to read:

18         907.041  Pretrial detention and release.--

19         (4)  PRETRIAL DETENTION.--

20         (a)  As used in this subsection, "dangerous crime"

21  means any of the following:

22         1.  Arson;

23         2.  Aggravated assault;

24         3.  Aggravated battery;

25         4.  Illegal use of explosives;

26         5.  Child abuse or aggravated child abuse;

27         6.  Abuse of an elderly person or disabled adult, or

28  aggravated abuse of an elderly person or disabled adult;

29         7.  Hijacking;

30         8.  Kidnapping;

31         9.  Homicide;

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  1         10.  Manslaughter;

  2         11.  Sexual battery;

  3         12.  Robbery;

  4         13.  Carjacking;

  5         14.  Lewd, lascivious, or indecent assault or act upon

  6  or in presence of a child under the age of 16 years;

  7         15.  Sexual activity with a child, who is 12 years of

  8  age or older but less than 18 years of age, by or at

  9  solicitation of person in familial or custodial authority;

10         16.  Burglary of a dwelling;

11         17.  Stalking and aggravated stalking;

12         18.  Act of domestic violence as defined in s. 741.28;

13  and

14         19.  Attempting or conspiring to commit any such crime;

15  and home-invasion robbery.

16         (b)  The court may order pretrial detention if it finds

17  a substantial probability, based on a defendant's past and

18  present patterns of behavior, the criteria in s. 903.046, and

19  any other relevant facts, that:

20         1.  The defendant has previously violated conditions of

21  release and that no further conditions of release are

22  reasonably likely to assure the defendant's appearance at

23  subsequent proceedings;

24         2.  The defendant, with the intent to obstruct the

25  judicial process, has threatened, intimidated, or injured any

26  victim, potential witness, juror, or judicial officer, or has

27  attempted or conspired to do so, and that no condition of

28  release will reasonably prevent the obstruction of the

29  judicial process;

30         3.  The defendant is charged with trafficking in

31  controlled substances as defined by s. 893.135, that there is

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  1  a substantial probability that the defendant has committed the

  2  offense, and that no conditions of release will reasonably

  3  assure the defendant's appearance at subsequent criminal

  4  proceedings; or

  5         4.  The defendant poses the threat of harm to the

  6  community.  The court may so conclude if it finds that the

  7  defendant is presently charged with a dangerous crime, that

  8  there is a substantial probability that the defendant

  9  committed such crime, that the factual circumstances of the

10  crime indicate a disregard for the safety of the community,

11  and that there are no conditions of release reasonably

12  sufficient to protect the community from the risk of physical

13  harm to persons. In addition, the court must find that at

14  least one of the following conditions is present:

15         a.  The defendant has previously been convicted of a

16  crime punishable by death or life imprisonment.

17         b.  The defendant has been convicted of a dangerous

18  crime within the 10 years immediately preceding the date of

19  his or her arrest for the crime presently charged.

20         c.  The defendant is on probation, parole, or other

21  release pending completion of sentence or on pretrial release

22  for a dangerous crime at the time of the current arrest.

23         (c)  When a person charged with a crime for which

24  pretrial detention could be ordered is arrested, the arresting

25  agency shall promptly notify the state attorney of the arrest

26  and shall provide the state attorney with such information as

27  the arresting agency has obtained relative to:

28         1.  The nature and circumstances of the offense

29  charged;

30

31

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  1         2.  The nature of any physical evidence seized and the

  2  contents of any statements obtained from the defendant or any

  3  witness;

  4         3.  The defendant's family ties, residence, employment,

  5  financial condition, and mental condition; and

  6         4.  The defendant's past conduct and present conduct,

  7  including any record of convictions, previous flight to avoid

  8  prosecution, or failure to appear at court proceedings.

  9         (d)  When a person charged with a crime for which

10  pretrial detention could be ordered is arrested, the arresting

11  agency may detain such defendant, prior to the filing by the

12  state attorney of a motion seeking pretrial detention, for a

13  period not to exceed 24 hours.

14         (e)  The court shall order detention only after a

15  pretrial detention hearing.  The hearing shall be held within

16  5 days of the filing by the state attorney of a complaint to

17  seek pretrial detention.  The defendant may request a

18  continuance.  No continuance shall be for longer than 5 days

19  unless there are extenuating circumstances. The defendant may

20  be detained pending the hearing.  The state attorney shall be

21  entitled to one continuance for good cause.

22         (f)  The state attorney has the burden of showing the

23  need for pretrial detention.

24         (g)  The defendant is entitled to be represented by

25  counsel, to present witnesses and evidence, and to

26  cross-examine witnesses.  The court may admit relevant

27  evidence without complying with the rules of evidence, but

28  evidence secured in violation of the United States

29  Constitution or the Constitution of the State of Florida shall

30  not be admissible.  No testimony by the defendant shall be

31  admissible to prove guilt at any other judicial proceeding,

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  1  but such testimony may be admitted in an action for perjury,

  2  based upon the defendant's statements made at the pretrial

  3  detention hearing, or for impeachment.

  4         (h)  The pretrial detention order of the court shall be

  5  based solely upon evidence produced at the hearing and shall

  6  contain findings of fact and conclusions of law to support it.

  7  The order shall be made either in writing or orally on the

  8  record. The court shall render its findings within 24 hours of

  9  the pretrial detention hearing.

10         (i)  If ordered detained pending trial pursuant to

11  subparagraph (b)4., the defendant may not be held for more

12  than 90 days.  Failure of the state to bring the defendant to

13  trial within that time shall result in the defendant's release

14  from detention, subject to any conditions of release, unless

15  the trial delay was requested or caused by the defendant or

16  his or her counsel.

17         (j)  A defendant convicted at trial following the

18  issuance of a pretrial detention order shall have credited to

19  his or her sentence, if imprisonment is imposed, the time the

20  defendant was held under the order, pursuant to s. 921.161.

21         (k)  The defendant shall be entitled to dissolution of

22  the pretrial detention order whenever the court finds that a

23  subsequent event has eliminated the basis for detention.

24

25         Reviser's note.--Section 7, ch. 93-212, Laws of

26         Florida, purported to amend subsection (4) of

27         s. 907.041, but failed to republish the

28         subsection to include paragraphs (c) through

29         (k).  In the absence of affirmative evidence

30         that the Legislature intended to repeal

31         paragraphs (c) through (k), subsection (4) is

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  1         reenacted to confirm that the omission was not

  2         intended.

  3

  4         Section 107.  Section 914.16, Florida Statutes, is

  5  amended to read:

  6         914.16  Child abuse and sexual abuse of victims under

  7  age 16 or persons with mental retardation; limits on

  8  interviews.--The chief judge of each judicial circuit, after

  9  consultation with the state attorney and the public defender

10  for the judicial circuit, the appropriate chief law

11  enforcement officer, and any other person deemed appropriate

12  by the chief judge, shall provide by order reasonable limits

13  on the number of interviews that a victim of a violation of s.

14  794.011, s. 800.04, or s. 827.03 who is under 16 years of age

15  or a victim of a violation of s. 794.011, s. 800.02, s.

16  800.03, or s. 825.102 who is a person with mental retardation

17  as defined in s. 393.063(44) 393.063(41) must submit to for

18  law enforcement or discovery purposes.  The order shall, to

19  the extent possible, protect the victim from the psychological

20  damage of repeated interrogations while preserving the rights

21  of the public, the victim, and the person charged with the

22  violation.

23

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

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

26         393.063(42) by s. 3, ch. 94-154, Laws of

27         Florida; as s. 393.063(43) by s. 1, ch. 95-293,

28         Laws of Florida; and as s. 393.063(44) by s.

29         23, ch. 98-171, Laws of Florida.

30

31

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  1         Section 108.  Subsection (2) of section 914.17, Florida

  2  Statutes, is amended to read:

  3         914.17  Appointment of advocate for victims or

  4  witnesses who are minors or persons with mental retardation.--

  5         (2)  An advocate shall be appointed by the court to

  6  represent a person with mental retardation as defined in s.

  7  393.063(44) 393.063(41) in any criminal proceeding if the

  8  person with mental retardation is a victim of or witness to

  9  abuse or neglect, or if the person with mental retardation is

10  a victim of a sexual offense or a witness to a sexual offense

11  committed against a minor or person with mental retardation.

12  The court may appoint an advocate in any other criminal

13  proceeding in which a person with mental retardation is

14  involved as either a victim or a witness. The advocate shall

15  have full access to all evidence and reports introduced during

16  the proceedings, may interview witnesses, may make

17  recommendations to the court, shall be noticed and have the

18  right to appear on behalf of the person with mental

19  retardation at all proceedings, and may request additional

20  examinations by medical doctors, psychiatrists, or

21  psychologists. It is the duty of the advocate to perform the

22  following services:

23         (a)  To explain, in language understandable to the

24  person with mental retardation, all legal proceedings in which

25  the person shall be involved;

26         (b)  To act, as a friend of the court, to advise the

27  judge, whenever appropriate, of the person with mental

28  retardation's ability to understand and cooperate with any

29  court proceedings; and

30         (c)  To assist the person with mental retardation and

31  the person's family in coping with the emotional effects of

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  1  the crime and subsequent criminal proceedings in which the

  2  person with mental retardation is involved.

  3

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

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

  6         393.063(42) by s. 3, ch. 94-154, Laws of

  7         Florida; as s. 393.063(43) by s. 1, ch. 95-293,

  8         Laws of Florida; and as s. 393.063(44) by s.

  9         23, ch. 98-171, Laws of Florida.

10

11         Section 109.  Section 918.16, Florida Statutes, is

12  amended to read:

13         918.16  Sex offenses; testimony of person under age 16

14  or person with mental retardation; courtroom cleared;

15  exceptions.--In the trial of any case, civil or criminal, when

16  any person under the age of 16 or any person with mental

17  retardation as defined in s. 393.063(44) 393.063(41) is

18  testifying concerning any sex offense, the court shall clear

19  the courtroom of all persons except parties to the cause and

20  their immediate families or guardians, attorneys and their

21  secretaries, officers of the court, jurors, newspaper

22  reporters or broadcasters, court reporters, and at the request

23  of the victim, victim or witness advocates designated by the

24  state attorney's office.

25

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

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

28         393.063(42) by s. 3, ch. 94-154, Laws of

29         Florida; as s. 393.063(43) by s. 1, ch. 95-293,

30         Laws of Florida; and as s. 393.063(44) by s.

31         23, ch. 98-171, Laws of Florida.

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  1         Section 110.  Paragraphs (a), (e), (f), and (g) of

  2  subsection (3) of section 921.0022, Florida Statutes, 1998

  3  Supplement, are amended to read:

  4         921.0022  Criminal Punishment Code; offense severity

  5  ranking chart.--

  6         (3)  OFFENSE SEVERITY RANKING CHART

  7

  8  Florida           Felony

  9  Statute           Degree             Description

10

11                              (a)  LEVEL 1

12  24.118(3)(a)       3rd      Counterfeit or altered state

13                              lottery ticket.

14  212.054(2)(b)      3rd      Discretionary sales surtax;

15                              limitations, administration, and

16                              collection.

17  212.15(2)(b)       3rd      Failure to remit sales taxes,

18                              amount greater than $300 but less

19                              than $20,000.

20  319.30(5)          3rd      Sell, exchange, give away

21                              certificate of title or

22                              identification number plate.

23  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

24                              odometer.

25  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

26                              registration license plates or

27                              validation stickers.

28  322.212(1)         3rd      Possession of forged, stolen,

29                              counterfeit, or unlawfully issued

30                              driver's license; possession of

31                              simulated identification.

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  1  322.212(4)         3rd      Supply or aid in supplying

  2                              unauthorized driver's license or

  3                              identification card.

  4  322.212(5)(a)      3rd      False application for driver's

  5                              license or identification card.

  6  370.13(3)(a) 370.13(4)(a)3rd      Molest any stone crab trap,

  7                              line, or buoy which is property

  8                              of licenseholder.

  9  370.135(1)         3rd      Molest any blue crab trap, line,

10                              or buoy which is property of

11                              licenseholder.

12  372.663(1)         3rd      Poach any alligator or

13                              crocodilia.

14  414.39(2)          3rd      Unauthorized use, possession,

15                              forgery, or alteration of food

16                              stamps, Medicaid ID, value

17                              greater than $200.

18  414.39(3)(a)       3rd      Fraudulent misappropriation of

19                              public assistance funds by

20                              employee/official, value more

21                              than $200.

22  443.071(1)         3rd      False statement or representation

23                              to obtain or increase

24                              unemployment compensation

25                              benefits.

26  458.327(1)(a)      3rd      Unlicensed practice of medicine.

27  466.026(1)(a)      3rd      Unlicensed practice of dentistry

28                              or dental hygiene.

29  509.151(1)         3rd      Defraud an innkeeper, food or

30                              lodging value greater than $300.

31

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  1  517.302(1)         3rd      Violation of the Florida

  2                              Securities and Investor

  3                              Protection Act.

  4  562.27(1)          3rd      Possess still or still apparatus.

  5  713.69             3rd      Tenant removes property upon

  6                              which lien has accrued, value

  7                              more than $50.

  8  812.014(3)(c)      3rd      Petit theft (3rd conviction);

  9                              theft of any property not

10                              specified in subsection (2).

11  812.081(2)         3rd      Unlawfully makes or causes to be

12                              made a reproduction of a trade

13                              secret.

14  815.04(4)(a)       3rd      Offense against intellectual

15                              property (i.e., computer

16                              programs, data).

17  817.52(2)          3rd      Hiring with intent to defraud,

18                              motor vehicle services.

19  826.01             3rd      Bigamy.

20  828.122(3)         3rd      Fighting or baiting animals.

21  831.04(1)          3rd      Any erasure, alteration, etc., of

22                              any replacement deed, map, plat,

23                              or other document listed in s.

24                              92.28.

25  831.31(1)(a)       3rd      Sell, deliver, or possess

26                              counterfeit controlled

27                              substances, all but s. 893.03(5)

28                              drugs.

29  832.041(1)         3rd      Stopping payment with intent to

30                              defraud $150 or more.

31

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  1  832.05

  2   (2)(b)&(4)(c)     3rd      Knowing, making, issuing

  3                              worthless checks $150 or more or

  4                              obtaining property in return for

  5                              worthless check $150 or more.

  6  838.015(3)         3rd      Bribery.

  7  838.016(1)         3rd      Public servant receiving unlawful

  8                              compensation.

  9  838.15(2)          3rd      Commercial bribe receiving.

10  838.16             3rd      Commercial bribery.

11  843.18             3rd      Fleeing by boat to elude a law

12                              enforcement officer.

13  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

14                              lewd, etc., material (2nd

15                              conviction).

16  849.01             3rd      Keeping gambling house.

17  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

18                              or assist therein, conduct or

19                              advertise drawing for prizes, or

20                              dispose of property or money by

21                              means of lottery.

22  849.23             3rd      Gambling-related machines;

23                              "common offender" as to property

24                              rights.

25  849.25(2)          3rd      Engaging in bookmaking.

26  860.08             3rd      Interfere with a railroad signal.

27  860.13(1)(a)       3rd      Operate aircraft while under the

28                              influence.

29  893.13(2)(a)2.     3rd      Purchase of cannabis.

30  893.13(6)(a)       3rd      Possession of cannabis (more than

31                              20 grams).

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  1  893.13(7)(a)10.    3rd      Affix false or forged label to

  2                              package of controlled substance.

  3  934.03(1)(a)       3rd      Intercepts, or procures any other

  4                              person to intercept, any wire or

  5                              oral communication.

  6                              (e)  LEVEL 5

  7  316.027(1)(a)      3rd      Accidents involving personal

  8                              injuries, failure to stop;

  9                              leaving scene.

10  316.1935(4)        2nd      Aggravated fleeing or eluding.

11  322.34(6) 322.34(3)3rd      Careless operation of motor

12                              vehicle with suspended license,

13                              resulting in death or serious

14                              bodily injury.

15  327.30(5)          3rd      Vessel accidents involving

16                              personal injury; leaving scene.

17  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

18                              knowing HIV positive.

19  790.01(2)          3rd      Carrying a concealed firearm.

20  790.162            2nd      Threat to throw or discharge

21                              destructive device.

22  790.163            2nd      False report of deadly explosive.

23  790.165(2)         3rd      Manufacture, sell, possess, or

24                              deliver hoax bomb.

25  790.221(1)         2nd      Possession of short-barreled

26                              shotgun or machine gun.

27  790.23             2nd      Felons in possession of firearms

28                              or electronic weapons or devices.

29  806.111(1)         3rd      Possess, manufacture, or dispense

30                              fire bomb with intent to damage

31                              any structure or property.

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  1  812.019(1)         2nd      Stolen property; dealing in or

  2                              trafficking in.

  3  812.16(2)          3rd      Owning, operating, or conducting

  4                              a chop shop.

  5  817.034(4)(a)2.    2nd      Communications fraud, value

  6                              $20,000 to $50,000.

  7  825.1025(4)        3rd      Lewd or lascivious exhibition in

  8                              the presence of an elderly person

  9                              or disabled adult.

10  827.071(4)         2nd      Possess with intent to promote

11                              any photographic material, motion

12                              picture, etc., which includes

13                              sexual conduct by a child.

14  843.01             3rd      Resist officer with violence to

15                              person; resist arrest with

16                              violence.

17  874.05(2)          2nd      Encouraging or recruiting another

18                              to join a criminal street gang;

19                              second or subsequent offense.

20  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

21                              cocaine (or other s.

22                              893.03(1)(a), (1)(b), (1)(d),

23                              (2)(a), or (2)(b) drugs).

24  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

25                              cannabis (or other s.

26                              893.03(1)(c), (2)(c), (3), or (4)

27                              drugs) within 1,000 feet of a

28                              child care facility or school.

29

30

31

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  1  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

  2                              cocaine (or other s.

  3                              893.03(1)(a), (1)(b), (1)(d),

  4                              (2)(a), or (2)(b) drugs) within

  5                              200 feet of university or public

  6                              park.

  7  893.13(1)(e)       2nd      Sell, manufacture, or deliver

  8                              cannabis or other drug prohibited

  9                              under s. 893.03(1)(c), (2)(c),

10                              (3), or (4) within 1,000 feet of

11                              property used for religious

12                              services or a specified business

13                              site.

14  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

15                              cocaine (or other s.

16                              893.03(1)(a), (1)(b), (1)(d), or

17                              (2)(a), or (2)(b) drugs) within

18                              200 feet of public housing

19                              facility.

20  893.13(4)(b)       2nd      Deliver to minor cannabis (or

21                              other s. 893.03(1)(c), (2)(c),

22                              (3), or (4) drugs).

23                              (f)  LEVEL 6

24  316.027(1)(b)      2nd      Accident involving death, failure

25                              to stop; leaving scene.

26  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

27                              conviction.

28  775.0875(1)        3rd      Taking firearm from law

29                              enforcement officer.

30

31

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  1  775.21(10) 775.21(9)3rd      Sexual predators; failure to

  2                              register; failure to renew

  3                              driver's license or

  4                              identification card.

  5  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

  6                              without intent to kill.

  7  784.021(1)(b)      3rd      Aggravated assault; intent to

  8                              commit felony.

  9  784.041            3rd      Felony battery.

10  784.048(3)         3rd      Aggravated stalking; credible

11                              threat.

12  784.048(5)         3rd      Aggravated stalking of person

13                              under 16.

14  784.07(2)(c)       2nd      Aggravated assault on law

15                              enforcement officer.

16  784.08(2)(b)       2nd      Aggravated assault on a person 65

17                              years of age or older.

18  784.081(2)         2nd      Aggravated assault on specified

19                              official or employee.

20  784.082(2)         2nd      Aggravated assault by detained

21                              person on visitor or other

22                              detainee.

23  784.083(2)         2nd      Aggravated assault on code

24                              inspector.

25  787.02(2)          3rd      False imprisonment; restraining

26                              with purpose other than those in

27                              s. 787.01.

28  790.115(2)(d)      2nd      Discharging firearm or weapon on

29                              school property.

30

31

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  1  790.161(2)         2nd      Make, possess, or throw

  2                              destructive device with intent to

  3                              do bodily harm or damage

  4                              property.

  5  790.164(1)         2nd      False report of deadly explosive

  6                              or act of arson or violence to

  7                              state property.

  8  790.19             2nd      Shooting or throwing deadly

  9                              missiles into dwellings, vessels,

10                              or vehicles.

11  794.011(8)(a)      3rd      Solicitation of minor to

12                              participate in sexual activity by

13                              custodial adult.

14  794.05(1)          2nd      Unlawful sexual activity with

15                              specified minor.

16  806.031(2)         2nd      Arson resulting in great bodily

17                              harm to firefighter or any other

18                              person.

19  810.02(3)(c)       2nd      Burglary of occupied structure;

20                              unarmed; no assault or battery.

21  812.014(2)(b)      2nd      Property stolen $20,000 or more,

22                              but less than $100,000, grand

23                              theft in 2nd degree.

24  812.13(2)(c)       2nd      Robbery, no firearm or other

25                              weapon (strong-arm robbery).

26  817.034(4)(a)1.    1st      Communications fraud, value

27                              greater than $50,000.

28  817.4821(5)        2nd      Possess cloning paraphernalia

29                              with intent to create cloned

30                              cellular telephones.

31

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  1  825.102(1)         3rd      Abuse of an elderly person or

  2                              disabled adult.

  3  825.102(3)(c)      3rd      Neglect of an elderly person or

  4                              disabled adult.

  5  825.1025(3)        3rd      Lewd or lascivious molestation of

  6                              an elderly person or disabled

  7                              adult.

  8  825.103(2)(c)      3rd      Exploiting an elderly person or

  9                              disabled adult and property is

10                              valued at less than $20,000.

11  827.03(1)          3rd      Abuse of a child.

12  827.03(3)(c)       3rd      Neglect of a child.

13  827.071(2)&(3)     2nd      Use or induce a child in a sexual

14                              performance, or promote or direct

15                              such performance.

16  836.05             2nd      Threats; extortion.

17  836.10             2nd      Written threats to kill or do

18                              bodily injury.

19  843.12             3rd      Aids or assists person to escape.

20  847.0135(3)        3rd      Solicitation of a child, via a

21                              computer service, to commit an

22                              unlawful sex act.

23  914.23             2nd      Retaliation against a witness,

24                              victim, or informant, with bodily

25                              injury.

26  943.0435(9) 943.0435(6)3rd      Sex offenders; failure to

27                              comply with reporting

28                              requirements.

29

30

31

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  1  944.35(3)(a)2.     3rd      Committing malicious battery upon

  2                              or inflicting cruel or inhuman

  3                              treatment on an inmate or

  4                              offender on community

  5                              supervision, resulting in great

  6                              bodily harm.

  7  944.40             2nd      Escapes.

  8  944.46             3rd      Harboring, concealing, aiding

  9                              escaped prisoners.

10  944.47(1)(a)5.     2nd      Introduction of contraband

11                              (firearm, weapon, or explosive)

12                              into correctional facility.

13  951.22(1)          3rd      Intoxicating drug, firearm, or

14                              weapon introduced into county

15                              facility.

16                              (g)  LEVEL 7

17  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

18                              injury.

19  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

20                              bodily injury.

21  409.920(2)         3rd      Medicaid provider fraud.

22  494.0018(2)        1st      Conviction of any violation of

23                              ss. 494.001-494.0077 in which the

24                              total money and property

25                              unlawfully obtained exceeded

26                              $50,000 and there were five or

27                              more victims.

28  782.051(3)         2nd      Attempted felony murder of a

29                              person by a person other than the

30                              perpetrator or the perpetrator of

31                              an attempted felony.

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  1  782.07(1)          2nd      Killing of a human being by the

  2                              act, procurement, or culpable

  3                              negligence of another

  4                              (manslaughter).

  5  782.071            3rd      Killing of human being or viable

  6                              fetus by the operation of a motor

  7                              vehicle in a reckless manner

  8                              (vehicular homicide).

  9  782.072            3rd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.07(2)(d)       1st      Aggravated battery on law

23                              enforcement officer.

24  784.08(2)(a)       1st      Aggravated battery on a person 65

25                              years of age or older.

26  784.081(1)         1st      Aggravated battery on specified

27                              official or employee.

28  784.082(1)         1st      Aggravated battery by detained

29                              person on visitor or other

30                              detainee.

31

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  1  784.083(1)         1st      Aggravated battery on code

  2                              inspector.

  3  790.07(4)          1st      Specified weapons violation

  4                              subsequent to previous conviction

  5                              of s. 790.07(1) or (2).

  6  790.16(1)          1st      Discharge of a machine gun under

  7                              specified circumstances.

  8  796.03             2nd      Procuring any person under 16

  9                              years for prostitution.

10  800.04             2nd      Handle, fondle, or assault child

11                              under 16 years in lewd,

12                              lascivious, or indecent manner.

13  806.01(2)          2nd      Maliciously damage structure by

14                              fire or explosive.

15  810.02(3)(a)       2nd      Burglary of occupied dwelling;

16                              unarmed; no assault or battery.

17  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

18                              unarmed; no assault or battery.

19  810.02(3)(d)       2nd      Burglary of occupied conveyance;

20                              unarmed; no assault or battery.

21  812.014(2)(a)      1st      Property stolen, valued at

22                              $100,000 or more; property stolen

23                              while causing other property

24                              damage; 1st degree grand theft.

25  812.019(2)         1st      Stolen property; initiates,

26                              organizes, plans, etc., the theft

27                              of property and traffics in

28                              stolen property.

29  812.133(2)(b)      1st      Carjacking; no firearm, deadly

30                              weapon, or other weapon.

31

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  1  825.102(3)(b)      2nd      Neglecting an elderly person or

  2                              disabled adult causing great

  3                              bodily harm, disability, or

  4                              disfigurement.

  5  825.1025(2)        2nd      Lewd or lascivious battery upon

  6                              an elderly person or disabled

  7                              adult.

  8  825.103(2)(b)      2nd      Exploiting an elderly person or

  9                              disabled adult and property is

10                              valued at $20,000 or more, but

11                              less than $100,000.

12  827.03(3)(b)       2nd      Neglect of a child causing great

13                              bodily harm, disability, or

14                              disfigurement.

15  827.04(3) 827.04(4)3rd      Impregnation of a child under 16

16                              years of age by person 21 years

17                              of age or older.

18  837.05(2)          3rd      Giving false information about

19                              alleged capital felony to a law

20                              enforcement officer.

21  872.06             2nd      Abuse of a dead human body.

22  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

23                              cocaine (or other drug prohibited

24                              under s. 893.03(1)(a), (1)(b),

25                              (1)(d), (2)(a), or (2)(b)) within

26                              1,000 feet of a child care

27                              facility or school.

28

29

30

31

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  1  893.13(1)(e)       1st      Sell, manufacture, or deliver

  2                              cocaine or other drug prohibited

  3                              under s. 893.03(1)(a), (1)(b),

  4                              (1)(d), (2)(a), or (2)(b), within

  5                              1,000 feet of property used for

  6                              religious services or a specified

  7                              business site.

  8  893.13(4)(a)       1st      Deliver to minor cocaine (or

  9                              other s. 893.03(1)(a), (1)(b),

10                              (1)(d), (2)(a), or (2)(b) drugs).

11  893.135(1)(a)1.    1st      Trafficking in cannabis, more

12                              than 50 lbs., less than 2,000

13                              lbs.

14  893.135

15   (1)(b)1.a.        1st      Trafficking in cocaine, more than

16                              28 grams, less than 200 grams.

17  893.135

18   (1)(c)1.a.        1st      Trafficking in illegal drugs,

19                              more than 4 grams, less than 14

20                              grams.

21  893.135

22   (1)(d)1.          1st      Trafficking in phencyclidine,

23                              more than 28 grams, less than 200

24                              grams.

25  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

26                              than 200 grams, less than 5

27                              kilograms.

28  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

29                              than 14 grams, less than 28

30                              grams.

31

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  1  893.135

  2   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

  3                              grams or more, less than 14

  4                              grams.

  5

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

  7         conform to the redesignation of s. 370.13(4)(a)

  8         as s. 370.13(3)(a) necessitated by the repeal

  9         of former subsection (2) by s. 18, ch. 98-227,

10         Laws of Florida.  Paragraph (3)(e) is amended

11         to conform to the redesignation of s. 322.34(3)

12         as s. 322.34(6) by s. 40, ch. 97-300, Laws of

13         Florida.  Paragraph (3)(f) is amended to

14         conform to the redesignation of s. 775.21(9) as

15         s. 775.21(10) by s. 3, ch. 98-81, Laws of

16         Florida, and the redesignation of s.

17         943.0435(6) as s. 943.0435(9) by s. 7, ch.

18         98-81.  Paragraph (3)(g) is amended to conform

19         to the creation of s. 827.04(4) by s. 2, ch.

20         96-215, Laws of Florida, and its redesignation

21         as s. 827.04(3) necessitated by the

22         redesignation of subunits by s. 10, ch. 96-322,

23         Laws of Florida.

24

25         Section 111.  Paragraph (b) of subsection (1) of

26  section 921.0024, Florida Statutes, 1998 Supplement, is

27  amended to read:

28         921.0024  Criminal Punishment Code; worksheet

29  computations; scoresheets.--

30         (1)

31                       (b)  WORKSHEET KEY:

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  1

  2  Legal status points are assessed when any form of legal status

  3  existed at the time the offender committed an offense before

  4  the court for sentencing. Four (4) sentence points are

  5  assessed for an offender's legal status.

  6

  7  Community sanction violation points are assessed when a

  8  community sanction violation is before the court for

  9  sentencing.  Six (6) sentence points are assessed for each

10  community sanction violation, and each successive community

11  sanction violation; however, if the community sanction

12  violation includes a new felony conviction before the

13  sentencing court, twelve (12) community sanction violation

14  points are assessed for such violation, and for each

15  successive community sanction violation involving a new felony

16  conviction. Multiple counts of community sanction violations

17  before the sentencing court shall not be a basis for

18  multiplying the assessment of community sanction violation

19  points.

20

21  Prior serious felony points: If the offender has a primary

22  offense or any additional offense ranked in level 8, level 9,

23  or level 10, and one or more prior serious felonies, a single

24  assessment of 30 points shall be added. For purposes of this

25  section, a prior serious felony is an offense in the

26  offender's prior record that is ranked in level 8, level 9, or

27  level 10 under s. 921.0022 or s. 921.0023 and for which the

28  offender is serving a sentence of confinement, supervision, or

29  other sanction or for which the offender's date of release

30  from confinement, supervision, or other sanction, whichever is

31

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  1  later, is within 3 years before the date the primary offense

  2  or any additional offense was committed.

  3

  4  Prior capital felony points:  If the offender has one or more

  5  prior capital felonies in the offender's criminal record,

  6  points shall be added to the subtotal sentence points of the

  7  offender equal to twice the number of points the offender

  8  receives for the primary offense and any additional offense.

  9  A prior capital felony in the offender's criminal record is a

10  previous capital felony offense for which the offender has

11  entered a plea of nolo contendere or guilty to or has been

12  found guilty; or a felony in another jurisdiction which is a

13  capital felony in that jurisdiction, or would be a capital

14  felony if the offense were committed in this state.

15

16  Possession of a firearm, semiautomatic firearm, or machine

17  gun:  If the offender is convicted of committing or attempting

18  to commit any felony other than those enumerated in s.

19  775.087(2) while having in his possession: a firearm as

20  defined in s. 790.001(6), an additional 18 sentence points are

21  assessed; or if the offender is convicted of committing or

22  attempting to commit any felony other than those enumerated in

23  s. 775.087(3) while having in his possession a semiautomatic

24  firearm as defined in s. 775.087(3) or a machine gun as

25  defined in s. 790.001(9), an additional 25 sentence points are

26  assessed.

27

28  Sentencing multipliers:

29

30  Drug trafficking:  If the primary offense is drug trafficking

31  under s. 893.135, the subtotal sentence points are multiplied,

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  1  at the discretion of the court, for a level 7 or level 8

  2  offense, by 1.5.  The state attorney may move the sentencing

  3  court to reduce or suspend the sentence of a person convicted

  4  of a level 7 or level 8 offense, if the offender provides

  5  substantial assistance as described in s. 893.135(4).

  6

  7  Law enforcement protection:  If the primary offense is a

  8  violation of the Law Enforcement Protection Act under s.

  9  775.0823(2), the subtotal sentence points are multiplied by

10  2.5.  If the primary offense is a violation of s. 775.0823(3),

11  (4), (5), (6), (7), or (8), the subtotal sentence points are

12  multiplied by 2.0. If the primary offense is a violation of s.

13  784.07(3) or s. 775.0875(1), or of the Law Enforcement

14  Protection Act under s. 775.0823(9) or (10), the subtotal

15  sentence points are multiplied by 1.5.

16

17  Grand theft of a motor vehicle:  If the primary offense is

18  grand theft of the third degree involving a motor vehicle and

19  in the offender's prior record, there are three or more grand

20  thefts of the third degree involving a motor vehicle, the

21  subtotal sentence points are multiplied by 1.5.

22

23  Criminal street gang member:  If the offender is convicted of

24  the primary offense and is found to have been a member of a

25  criminal street gang at the time of the commission of the

26  primary offense pursuant to s. 874.04, the subtotal sentence

27  points are multiplied by 1.5.

28

29  Domestic violence in the presence of a child:  If the offender

30  is convicted of the primary offense and the primary offense is

31  a crime of domestic violence, as defined in s. 741.28, which

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  1  was committed in the presence of a child under 16 years of age

  2  who is a family household member as defined in s. 741.28(2)

  3  with the victim or perpetrator, the subtotal sentence points

  4  are multiplied, at the discretion of the court, by 1.5.

  5

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

  7         facilitate correct interpretation.

  8

  9         Section 112.  Section 922.095, Florida Statutes, is

10  amended to read:

11         922.095  Grounds for death warrant.--A person who is

12  convicted and sentenced to death must pursue all possible

13  collateral remedies in state and federal court in a timely

14  manner. If any court refuses to grant relief in a collateral

15  postconviction proceeding, the convicted person has 90 days in

16  which to seek further collateral review. Failure to seek

17  further collateral review within the 90-day period constitutes

18  grounds for issuance of a death warrant under s. 922.052

19  922.09 or s. 922.14.

20

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

22         redesignation of s. 922.09 as s. 922.052 by s.

23         1, ch. 96-213, Laws of Florida.

24

25         Section 113.  Subsection (5) of section 925.037,

26  Florida Statutes, is reenacted to read:

27         925.037  Reimbursement of counties for fees paid to

28  appointed counsel; circuit conflict committees.--

29         (5)(a)  The clerk of the circuit court in each county

30  shall submit to the Justice Administrative Commission a

31  statement of conflict counsel fees at least annually. Such

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  1  statement shall identify total expenditures incurred by the

  2  county on fees of counsel appointed by the court pursuant to

  3  this section where such fees are taxed against the county by

  4  judgment of the court. On the basis of such statement of

  5  expenditures, the Justice Administrative Commission shall pay

  6  state conflict case appropriations to the county. The

  7  statement of conflict counsel fees shall be on a form

  8  prescribed by the Justice Administrative Commission in

  9  consultation with the Legislative Committee on

10  Intergovernmental Relations and the Comptroller. Such form

11  also shall provide for the separate reporting of total

12  expenditures made by the county on attorney fees in cases in

13  which other counsel were appointed by the court where the

14  public defender was unable to accept the case as a result of a

15  stated lack of resources. To facilitate such expenditure

16  identification and reporting, the public defender, within 7

17  days of the appointment of such counsel by the court, shall

18  report to the clerk of circuit court case-related information

19  sufficient to permit the clerk to identify separately county

20  expenditures on fees of such counsel. No county shall be

21  required to submit any additional information to the

22  commission on an annual or other basis in order to document or

23  otherwise verify the expenditure information provided on the

24  statement of conflict counsel fees form, except as provided in

25  paragraph (c).

26         (b)  Before September 30 of each year, the clerk of the

27  circuit court in each county shall submit to the Justice

28  Administrative Commission a report of conflict counsel

29  expenses and costs for the previous local government fiscal

30  year. Such report shall identify expenditures incurred by the

31  county on expenses and costs of counsel appointed by the court

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  1  pursuant to this section where such expenses and costs are

  2  taxed against the county by judgment of the court. Such report

  3  of expenditures shall be on a form prescribed by the

  4  commission in consultation with the Legislative Committee on

  5  Intergovernmental Relations and the Comptroller, provided that

  6  such form shall at a minimum separately identify total county

  7  expenditures for witness fees and expenses, court reporter

  8  fees and costs, and defense counsel travel and per diem. Such

  9  form also shall provide for the separate reporting of total

10  county expenditures on attorney expenses and costs in cases in

11  which other counsel were appointed by the court where the

12  public defender was unable to accept the case as a result of a

13  stated lack of resources. To facilitate such expenditure

14  identification and reporting, the public defender, within 7

15  days of the appointment of such counsel by the court, shall

16  report to the clerk of the circuit court case-related

17  information sufficient to permit the clerk to identify

18  separately county expenditures on expenses and costs of such

19  counsel. No county shall be required to submit any additional

20  information to the Justice Administrative Commission on an

21  annual or other basis in order to document or otherwise verify

22  the expenditure information provided on the report of conflict

23  counsel expenses and costs form, except as provided in

24  paragraph (c).

25         (c)  Before September 30 of each year, each county

26  shall submit to the Justice Administrative Commission a

27  statement of compliance from its independent certified public

28  accountant, engaged pursuant to chapter 11, that each of the

29  forms submitted to the Justice Administrative Commission, as

30  provided for in paragraphs (a) and (b), accurately represent

31  county expenditures incurred in public defender

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  1  conflict-of-interest cases during each reporting period

  2  covered by the statements. The statement of compliance also

  3  shall state that the expenditures made and reported were in

  4  compliance with relevant portions of Florida law. Such

  5  statement may be reflected as part of the annual audit. In the

  6  event that the statements are found to be accurate and the

  7  expenditures noted thereon to have been made in compliance

  8  with relevant portions of Florida law, no additional

  9  information or documentation shall be required to accompany

10  the standardized statement of compliance submitted to the

11  commission. If the statement of compliance submitted by the

12  independent certified public accountant indicates that one or

13  more of the forms contained inaccurate expenditure information

14  or if expenditures incurred were not in compliance with

15  relevant portions of Florida law, the commission may require

16  the submission of additional information as may be necessary

17  to identify the nature of the problem.

18         (d)  Upon the failure of a clerk of the circuit court

19  or county to submit any report or information required by this

20  section, the Justice Administrative Commission may refuse to

21  honor any claim until such clerk or county is determined by

22  the commission to be in compliance with such requirements. In

23  the event that the statement of compliance submitted by a

24  county pursuant to paragraph (c) indicates that the clerk of

25  the circuit court claimed more than was actually expended by

26  the county, the Justice Administrative Commission may require

27  the clerk to submit complete supporting documentation of the

28  county's expenditures on conflict-of-interest cases for the

29  ensuing 3-year period.

30

31

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  1         Reviser's note.--Section 8, ch. 96-311, Laws of

  2         Florida, purported to amend subsection (5), but

  3         failed to republish the subsection to include

  4         paragraphs (c) and (d).  In the absence of

  5         affirmative evidence that the Legislature

  6         intended to repeal paragraphs (5)(c) and (d),

  7         subsection (5) is reenacted to confirm that the

  8         omission was not intended.

  9

10         Section 114.  Subsection (8) of section 943.0435,

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

12         943.0435  Sexual offenders required to register with

13  the department; penalty.--

14         (8)  A sexual offender who indicates his or her intent

15  to reside in another state or jurisdiction and later decides

16  to remain in this state shall, within 48 hours after the date

17  upon which the sexual offender indicated he or she would leave

18  this state, notify the sheriff or department, whichever agency

19  is the agency to which the sexual offender reported the

20  intended change of residence, of his or her intent to remain

21  in this state. If the sheriff is notified by the sexual

22  offender that he or she intends to remain in this state, the

23  sheriff shall promptly report this information to the

24  department. A sexual offender who reports his or her intent to

25  reside in another state or jurisdiction but who remains in

26  this state without reporting to the sheriff or the department

27  in the manner required by this subsection paragraph commits a

28  felony of the second degree, punishable as provided in s.

29  775.082, s. 775.083, or s. 775.084.

30

31

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

  2         facilitate correct interpretation.

  3

  4         Section 115.  Paragraph (a) of subsection (4) of

  5  section 943.0585, Florida Statutes, 1998 Supplement, is

  6  amended to read:

  7         943.0585  Court-ordered expunction of criminal history

  8  records.--The courts of this state have jurisdiction over

  9  their own procedures, including the maintenance, expunction,

10  and correction of judicial records containing criminal history

11  information to the extent such procedures are not inconsistent

12  with the conditions, responsibilities, and duties established

13  by this section.  Any court of competent jurisdiction may

14  order a criminal justice agency to expunge the criminal

15  history record of a minor or an adult who complies with the

16  requirements of this section.  The court shall not order a

17  criminal justice agency to expunge a criminal history record

18  until the person seeking to expunge a criminal history record

19  has applied for and received a certificate of eligibility for

20  expunction pursuant to subsection (2).  A criminal history

21  record that relates to a violation of chapter 794, s. 800.04,

22  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

23  violation enumerated in s. 907.041 may not be expunged,

24  without regard to whether adjudication was withheld, if the

25  defendant was found guilty of or pled guilty or nolo

26  contendere to the offense, or if the defendant, as a minor,

27  was found to have committed, or pled guilty or nolo contendere

28  to committing, the offense as a delinquent act. The court may

29  only order expunction of a criminal history record pertaining

30  to one arrest or one incident of alleged criminal activity,

31  except as provided in this section. The court may, at its sole

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  1  discretion, order the expunction of a criminal history record

  2  pertaining to more than one arrest if the additional arrests

  3  directly relate to the original arrest. If the court intends

  4  to order the expunction of records pertaining to such

  5  additional arrests, such intent must be specified in the

  6  order. A criminal justice agency may not expunge any record

  7  pertaining to such additional arrests if the order to expunge

  8  does not articulate the intention of the court to expunge a

  9  record pertaining to more than one arrest. This section does

10  not prevent the court from ordering the expunction of only a

11  portion of a criminal history record pertaining to one arrest

12  or one incident of alleged criminal activity.  Notwithstanding

13  any law to the contrary, a criminal justice agency may comply

14  with laws, court orders, and official requests of other

15  jurisdictions relating to expunction, correction, or

16  confidential handling of criminal history records or

17  information derived therefrom.  This section does not confer

18  any right to the expunction of any criminal history record,

19  and any request for expunction of a criminal history record

20  may be denied at the sole discretion of the court.

21         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

22  criminal history record of a minor or an adult which is

23  ordered expunged by a court of competent jurisdiction pursuant

24  to this section must be physically destroyed or obliterated by

25  any criminal justice agency having custody of such record;

26  except that any criminal history record in the custody of the

27  department must be retained in all cases. A criminal history

28  record ordered expunged that is retained by the department is

29  confidential and exempt from the provisions of s. 119.07(1)

30  and s. 24(a), Art. I of the State Constitution and not

31  available to any person or entity except upon order of a court

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  1  of competent jurisdiction. A criminal justice agency may

  2  retain a notation indicating compliance with an order to

  3  expunge.

  4         (a)  The person who is the subject of a criminal

  5  history record that is expunged under this section or under

  6  other provisions of law, including former s. 893.14, former s.

  7  901.33, and former s. 943.058, may lawfully deny or fail to

  8  acknowledge the arrests covered by the expunged record, except

  9  when the subject of the record:

10         1.  Is a candidate for employment with a criminal

11  justice agency;

12         2.  Is a defendant in a criminal prosecution;

13         3.  Concurrently or subsequently petitions for relief

14  under this section or s. 943.059;

15         4.  Is a candidate for admission to The Florida Bar;

16         5.  Is seeking to be employed or licensed by or to

17  contract with the Department of Children and Family Services

18  or the Department of Juvenile Justice or to be employed or

19  used by such contractor or licensee in a sensitive position

20  having direct contact with children, the developmentally

21  disabled, the aged, or the elderly as provided in s.

22  110.1127(3), s. 393.063(15) 393.063(14), s. 394.4572(1), s.

23  397.451, s. 402.302(3) 402.302(8), s. 402.313(3), s.

24  409.175(2)(i), s. 415.102(4), s. 415.1075(4), s. 985.407, or

25  chapter 400; or

26         6.  Is seeking to be employed or licensed by the Office

27  of Teacher Education, Certification, Staff Development, and

28  Professional Practices of the Department of Education, any

29  district school board, or any local governmental entity that

30  licenses child care facilities.

31

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

  2         redesignation of s. 393.063(14) as s.

  3         393.063(15) by s. 23, ch. 98-171, Laws of

  4         Florida, and s. 402.302(8) as s. 402.302(3) by

  5         s. 1, ch. 97-63, Laws of Florida.

  6

  7         Section 116.  Paragraph (a) of subsection (4) of

  8  section 943.059, Florida Statutes, 1998 Supplement, is amended

  9  to read:

10         943.059  Court-ordered sealing of criminal history

11  records.--The courts of this state shall continue to have

12  jurisdiction over their own procedures, including the

13  maintenance, sealing, and correction of judicial records

14  containing criminal history information to the extent such

15  procedures are not inconsistent with the conditions,

16  responsibilities, and duties established by this section.  Any

17  court of competent jurisdiction may order a criminal justice

18  agency to seal the criminal history record of a minor or an

19  adult who complies with the requirements of this section.  The

20  court shall not order a criminal justice agency to seal a

21  criminal history record until the person seeking to seal a

22  criminal history record has applied for and received a

23  certificate of eligibility for sealing pursuant to subsection

24  (2).  A criminal history record that relates to a violation of

25  chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,

26  s. 893.135, or a violation enumerated in s. 907.041 may not be

27  sealed, without regard to whether adjudication was withheld,

28  if the defendant was found guilty of or pled guilty or nolo

29  contendere to the offense, or if the defendant, as a minor,

30  was found to have committed or pled guilty or nolo contendere

31  to committing the offense as a delinquent act.  The court may

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  1  only order sealing of a criminal history record pertaining to

  2  one arrest or one incident of alleged criminal activity,

  3  except as provided in this section. The court may, at its sole

  4  discretion, order the sealing of a criminal history record

  5  pertaining to more than one arrest if the additional arrests

  6  directly relate to the original arrest.  If the court intends

  7  to order the sealing of records pertaining to such additional

  8  arrests, such intent must be specified in the order.  A

  9  criminal justice agency may not seal any record pertaining to

10  such additional arrests if the order to seal does not

11  articulate the intention of the court to seal records

12  pertaining to more than one arrest.  This section does not

13  prevent the court from ordering the sealing of only a portion

14  of a criminal history record pertaining to one arrest or one

15  incident of alleged criminal activity. Notwithstanding any law

16  to the contrary, a criminal justice agency may comply with

17  laws, court orders, and official requests of other

18  jurisdictions relating to sealing, correction, or confidential

19  handling of criminal history records or information derived

20  therefrom.  This section does not confer any right to the

21  sealing of any criminal history record, and any request for

22  sealing a criminal history record may be denied at the sole

23  discretion of the court.

24         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

25  criminal history record of a minor or an adult which is

26  ordered sealed by a court of competent jurisdiction pursuant

27  to this section is confidential and exempt from the provisions

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

29  and is available only to the person who is the subject of the

30  record, to the subject's attorney, to criminal justice

31  agencies for their respective criminal justice purposes, or to

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  1  those entities set forth in subparagraphs (a)1., 4., 5., and

  2  6. for their respective licensing and employment purposes.

  3         (a)  The subject of a criminal history record sealed

  4  under this section or under other provisions of law, including

  5  former s. 893.14, former s. 901.33, and former s. 943.058, may

  6  lawfully deny or fail to acknowledge the arrests covered by

  7  the sealed record, except when the subject of the record:

  8         1.  Is a candidate for employment with a criminal

  9  justice agency;

10         2.  Is a defendant in a criminal prosecution;

11         3.  Concurrently or subsequently petitions for relief

12  under this section or s. 943.0585;

13         4.  Is a candidate for admission to The Florida Bar;

14         5.  Is seeking to be employed or licensed by or to

15  contract with the Department of Children and Family Services

16  or the Department of Juvenile Justice or to be employed or

17  used by such contractor or licensee in a sensitive position

18  having direct contact with children, the developmentally

19  disabled, the aged, or the elderly as provided in s.

20  110.1127(3), s. 393.063(15) 393.063(14), s. 394.4572(1), s.

21  397.451, s. 402.302(3) 402.302(8), s. 402.313(3), s.

22  409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or

23  chapter 400; or

24         6.  Is seeking to be employed or licensed by the Office

25  of Teacher Education, Certification, Staff Development, and

26  Professional Practices of the Department of Education, any

27  district school board, or any local governmental entity which

28  licenses child care facilities.

29

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

31         redesignation of s. 393.063(14) as s.

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  1         393.063(15) by s. 23, ch. 98-171, Laws of

  2         Florida, and s. 402.302(8) as s. 402.302(3) by

  3         s. 1, ch. 97-63, Laws of Florida.

  4

  5         Section 117.  Subsection (6) and paragraph (b) of

  6  subsection (7) of section 943.14, Florida Statutes, are

  7  amended to read:

  8         943.14  Criminal justice training schools; certificates

  9  and diplomas; exemptions; injunctive relief; fines.--

10         (6)  Criminal justice training schools and courses

11  which are licensed and operated in accordance with the rules

12  of the State Board of Education and the rules of the

13  commission are exempt from the requirements of subsections

14  (1)-(5) (1)-(6).  However, any school which instructs approved

15  commission courses must meet the requirements of subsections

16  (1)-(5) (1)-(6).

17         (7)

18         (b)  All other criminal justice sciences or

19  administration courses or subjects which are a part of the

20  curriculum of any accredited college, university, community

21  college, or vocational-technical center of this state, and all

22  full-time instructors of such institutions, are exempt from

23  the provisions of subsections (1)-(5) (1)-(6).

24

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

26         redesignation of subsection (6) of s. 943.14 as

27         subsection (5) necessitated by the repeal of

28         former subsection (6) by s. 3, ch. 89-205, Laws

29         of Florida.

30

31

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  1         Section 118.  Paragraphs (a) and (b) of subsection (4)

  2  of section 944.10, Florida Statutes, 1998 Supplement, are

  3  amended to read:

  4         944.10  Department of Corrections to provide buildings;

  5  sale and purchase of land; contracts to provide services and

  6  inmate labor.--

  7         (4)(a)  Notwithstanding s. 253.025 or s. 287.057,

  8  whenever the department finds it to be necessary for timely

  9  site acquisition, it may contract without the need for

10  competitive selection with one or more appraisers whose names

11  are contained on the list of approved appraisers maintained by

12  the Division of State Lands of the Department of Environmental

13  Protection in accordance with s. 253.025(6)(b) 253.025(7)(b).

14  In those instances in which the department directly contracts

15  for appraisal services, it must also contract with an approved

16  appraiser who is not employed by the same appraisal firm for

17  review services.

18         (b)  Notwithstanding s. 253.025(6) 253.025(7), the

19  department may negotiate and enter into an option contract

20  before an appraisal is obtained. The option contract must

21  state that the final purchase price cannot exceed the maximum

22  value allowed by law. The consideration for such an option

23  contract may not exceed 10 percent of the estimate obtained by

24  the department or 10 percent of the value of the parcel,

25  whichever amount is greater.

26

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

28         redesignation of s. 253.025(7) as s. 253.025(6)

29         by s. 2, ch. 94-240, Laws of Florida.

30

31

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  1         Section 119.  Paragraph (b) of subsection (1) of

  2  section 944.606, Florida Statutes, 1998 Supplement, is amended

  3  to read:

  4         944.606  Sexual offenders; notification upon release.--

  5         (1)  As used in this section:

  6         (b)  "Sexual offender" means a person who has been

  7  convicted of committing, or attempting, soliciting, or

  8  conspiring to commit, any of the criminal offenses proscribed

  9  in the following statutes in this state or similar offenses in

10  another jurisdiction:  s. 787.01 or s. 787.02 782.02, where

11  the victim is a minor and the defendant is not the victim's

12  parent; s. 787.025; chapter 794; s. 796.03; s. 800.04; s.

13  825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145;

14  or any similar offense committed in this state which has been

15  redesignated from a former statute number to one of those

16  listed in this subsection, when the department has received

17  verified information regarding such conviction; an offender's

18  computerized criminal history record is not, in and of itself,

19  verified information.

20

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

22         facilitate correct interpretation.  Section

23         782.02 pertains to justifiable use of deadly

24         force, not to criminal offenses.  Section

25         787.02 relates to false imprisonment, including

26         false imprisonment of a minor under age 13 with

27         aggravating circumstances, including sexual

28         battery and lewd, lascivious, or indecent

29         assault or acts.

30

31

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  1         Section 120.  Paragraph (g) of subsection (3) of

  2  section 944.801, Florida Statutes, is amended to read:

  3         944.801  Education for state prisoners.--

  4         (3)  The responsibilities of the Correctional Education

  5  Program shall be to:

  6         (g)  Develop and maintain complete and reliable

  7  statistics on the number of general educational development

  8  (GED) certificates and vocational certificates issued by each

  9  institution in each skill area, the change in inmate literacy

10  levels, and the number of inmate admissions to and withdrawals

11  from education courses.  The compiled statistics shall be

12  summarized and analyzed in the annual report of correctional

13  education activities required by paragraph (f) (e).

14

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

16         redesignation of the paragraphs of s.

17         944.801(3) by s. 2, ch. 96-314, Laws of

18         Florida.

19

20         Section 121.  Paragraph (b) of subsection (11) of

21  section 948.01, Florida Statutes, 1998 Supplement, is amended

22  to read:

23         948.01  When court may place defendant on probation or

24  into community control.--

25         (11)  The court may also impose a split sentence

26  whereby the defendant is sentenced to a term of probation

27  which may be followed by a period of incarceration or, with

28  respect to a felony, into community control, as follows:

29         (b)  If the offender does not meet the terms and

30  conditions of probation or community control, the court may

31  revoke, modify, or continue the probation or community control

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  1  as provided in s. 948.06. If the probation or community

  2  control is revoked, the court may impose any sentence that it

  3  could have imposed at the time the offender was placed on

  4  probation or community control. The court may not provide

  5  credit for time served for any portion of a probation or of

  6  community control term toward a subsequent term of probation

  7  or community control. However, the court may not impose a

  8  subsequent term of probation or community control which, when

  9  combined with any amount of time served on preceding terms of

10  probation or community control for offenses pending before the

11  court for sentencing, would exceed the maximum penalty

12  allowable as provided in s. 775.082. Such term of

13  incarceration shall be served under applicable law or county

14  ordinance governing service of sentences in state or county

15  jurisdiction. This paragraph does not prohibit any other

16  sanction provided by law.

17

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

19         facilitate correct interpretation.

20

21         Section 122.  Subsection (11) of section 948.03,

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

23         948.03  Terms and conditions of probation or community

24  control.--

25         (11)  Any order issued pursuant to subsection (10) (9)

26  shall also require the convicted person to reimburse the

27  appropriate agency for the costs of drawing and transmitting

28  the blood specimens to the Florida Department of Law

29  Enforcement.

30

31

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

  2         redesignation of subsection (9), as created by

  3         s. 53, ch. 95-283, Laws of Florida, as

  4         subsection (10) necessitated by the creation of

  5         new subunits by ss. 53 and 59, ch. 95-283.

  6

  7         Section 123.  Paragraph (d) of subsection (6) of

  8  section 948.08, Florida Statutes, is amended to read:

  9         948.08  Pretrial intervention program.--

10         (6)

11         (d)  Any entity, whether public or private, providing a

12  pretrial substance abuse education and treatment intervention

13  program under this subsection must contract with the county or

14  appropriate governmental entity, and the terms of the contract

15  must include, but need not be limited to, the requirements

16  established for private entities under s. 948.15(3) 948.15(2).

17

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

19         redesignation of s. 948.15(2) as s. 948.15(3)

20         by s. 42, ch. 95-283, Laws of Florida.

21

22         Section 124.  Subsections (6) and (7) of section

23  957.04, Florida Statutes, are amended to read:

24         957.04  Contract requirements.--

25         (6)  Notwithstanding s. 253.025(7) 253.025(8), the

26  Board of Trustees of the Internal Improvement Trust Fund need

27  not approve a lease-purchase agreement negotiated by the

28  commission if the commission finds that there is a need to

29  expedite the lease-purchase.

30         (7)(a)  Notwithstanding s. 253.025 or s. 287.057,

31  whenever the commission finds it to be in the best interest of

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  1  timely site acquisition, it may contract without the need for

  2  competitive selection with one or more appraisers whose names

  3  are contained on the list of approved appraisers maintained by

  4  the Division of State Lands of the Department of Environmental

  5  Protection in accordance with s. 253.025(6)(b) 253.025(7)(b).

  6  In those instances when the commission directly contracts for

  7  appraisal services, it shall also contract with an approved

  8  appraiser who is not employed by the same appraisal firm for

  9  review services.

10         (b)  Notwithstanding s. 253.025(6) 253.025(7), the

11  commission may negotiate and enter into lease-purchase

12  agreements before an appraisal is obtained. Any such agreement

13  must state that the final purchase price cannot exceed the

14  maximum value allowed by law.

15

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

17         redesignation of subunits within s. 253.025 by

18         s. 2, ch. 94-240, Laws of Florida.

19

20         Section 125.  Paragraph (a) of subsection (5) of

21  section 960.003, Florida Statutes, is amended to read:

22         960.003  Human immunodeficiency virus testing for

23  persons charged with or alleged by petition for delinquency to

24  have committed certain offenses; disclosure of results to

25  victims.--

26         (5)  EXCEPTIONS.--The provisions of subsections (2) and

27  (4) do not apply if:

28         (a)  The person charged with or convicted of or alleged

29  by petition for delinquency to have committed or been

30  adjudicated delinquent for an offense described in subsection

31  (2) has undergone HIV testing voluntarily or pursuant to

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  1  procedures established in s. 381.004(3)(h)6. 381.004(3)(i)6.

  2  or s. 951.27, or any other applicable law or rule providing

  3  for HIV testing of criminal defendants, inmates, or juvenile

  4  offenders, subsequent to his or her arrest, conviction, or

  5  delinquency adjudication for the offense for which he or she

  6  was charged or alleged by petition for delinquency to have

  7  committed; and

  8

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

10         redesignation of s. 381.004(3)(i) as s.

11         381.004(3)(h) by s. 2, ch. 98-171, Laws of

12         Florida.

13

14         Section 126.  Paragraph (d) of subsection (29) of

15  section 984.03, Florida Statutes, 1998 Supplement, is amended,

16  and subsection (41) of that section is reenacted, to read:

17         984.03  Definitions.--When used in this chapter, the

18  term:

19         (29)  "Habitually truant" means that:

20         (d)  The failure or refusal of the parent or legal

21  guardian or the child to participate, or make a good faith

22  effort to participate, in the activities prescribed to remedy

23  the truant behavior, or the failure or refusal of the child to

24  return to school after participation in activities required by

25  this subsection, or the failure of the child to stop the

26  truant behavior after the school administration and the

27  Department of Juvenile Justice have worked with the child as

28  described in s. 232.19(3) and (4) shall be handled as

29  prescribed in s. 232.19.

30         (41)  "Parent" means a woman who gives birth to a child

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

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

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

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

  4  parental relationship to the child has been legally

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

  6  parental status falls within the terms of either s. 39.503 or

  7  s. 63.062(1)(b).

  8

  9         Reviser's note.--Paragraph (29)(d) is amended

10         to conform to the redesignation of s. 232.19(3)

11         as s. 232.19(3) and (4) by s. 9, ch. 97-234,

12         Laws of Florida.  Subsection 41 is reenacted to

13         confirm the citation in the subsection to s.

14         39.503 by s. 165, ch. 98-403, Laws of Florida.

15         Section 64, ch. 98-280, Laws of Florida, a

16         reviser's bill, revised the cite in subsection

17         (41) from s. 39.4051(7) to s. 39.4051(1) to

18         conform to the appropriate subsections for the

19         subject matter referenced.  Section 64, chapter

20         98-403, transferred s. 39.4051 to s. 39.503.

21

22         Section 127.  Subsection (6) of section 984.226,

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

24         984.226  Pilot program for a physically secure

25  facility; contempt of court.--

26         (6)  The Juvenile Justice Accountability Advisory Board

27  shall monitor the operation of the pilot program and issue a

28  preliminary evaluation report to the Legislature by December

29  1, 1998. The Department of Juvenile Justice and the Juvenile

30  Justice Accountability Advisory Board shall issue a joint

31

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  1  final report to the Legislature, including any proposed

  2  legislation, by December 1, 1999.

  3

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

  5         redesignation of the Juvenile Justice Advisory

  6         Board as the Juvenile Justice Accountability

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

  8

  9         Section 128.  Paragraph (a) of subsection (3) and

10  paragraph (a) of subsection (4) of section 985.04, Florida

11  Statutes, 1998 Supplement, are amended to read:

12         985.04  Oaths; records; confidential information.--

13         (3)(a)  Except as provided in subsections (2), (4),

14  (5), and (6), and s. 943.053, all information obtained under

15  this part in the discharge of official duty by any judge, any

16  employee of the court, any authorized agent of the Department

17  of Juvenile Justice, the Parole Commission, the Juvenile

18  Justice Accountability Advisory Board, the Department of

19  Corrections, the district juvenile justice boards, any law

20  enforcement agent, or any licensed professional or licensed

21  community agency representative participating in the

22  assessment or treatment of a juvenile is confidential and may

23  be disclosed only to the authorized personnel of the court,

24  the Department of Juvenile Justice and its designees, the

25  Department of Corrections, the Parole Commission, the Juvenile

26  Justice Accountability Advisory Board, law enforcement agents,

27  school superintendents and their designees, any licensed

28  professional or licensed community agency representative

29  participating in the assessment or treatment of a juvenile,

30  and others entitled under this chapter to receive that

31  information, or upon order of the court. Within each county,

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  1  the sheriff, the chiefs of police, the district school

  2  superintendent, and the department shall enter into an

  3  interagency agreement for the purpose of sharing information

  4  about juvenile offenders among all parties. The agreement must

  5  specify the conditions under which summary criminal history

  6  information is to be made available to appropriate school

  7  personnel, and the conditions under which school records are

  8  to be made available to appropriate department personnel. Such

  9  agreement shall require notification to any classroom teacher

10  of assignment to the teacher's classroom of a juvenile who has

11  been placed in a community control or commitment program for a

12  felony offense. The agencies entering into such agreement must

13  comply with s. 943.0525, and must maintain the confidentiality

14  of information that is otherwise exempt from s. 119.07(1), as

15  provided by law.

16         (4)(a)  Records in the custody of the Department of

17  Juvenile Justice regarding children are not open to inspection

18  by the public. Such records may be inspected only upon order

19  of the Secretary of Juvenile Justice or his or her authorized

20  agent by persons who have sufficient reason and upon such

21  conditions for their use and disposition as the secretary or

22  his or her authorized agent deems proper. The information in

23  such records may be disclosed only to other employees of the

24  Department of Juvenile Justice who have a need therefor in

25  order to perform their official duty; to other persons as

26  authorized by rule of the Department of Juvenile Justice; and,

27  upon request, to the Juvenile Justice Accountability Advisory

28  Board and the Department of Corrections. The secretary or his

29  or her authorized agent may permit properly qualified persons

30  to inspect and make abstracts from records for statistical

31  purposes under whatever conditions upon their use and

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  1  disposition the secretary or his or her authorized agent deems

  2  proper, provided adequate assurances are given that children's

  3  names and other identifying information will not be disclosed

  4  by the applicant.

  5

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

  7         redesignation of the Juvenile Justice Advisory

  8         Board as the Juvenile Justice Accountability

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

10

11         Section 129.  Subsections (2) and (3) of section

12  985.203, Florida Statutes, are amended to read:

13         985.203  Right to counsel.--

14         (2)  If the parents or legal guardian of an indigent

15  child are not indigent but refuse to employ counsel, the court

16  shall appoint counsel pursuant to s. 27.52(2)(d) 27.52(2)(e)

17  to represent the child at the detention hearing and until

18  counsel is provided. Costs of representation shall be assessed

19  as provided by ss. 27.52(2)(d) 27.52(2)(e) and 938.29.

20  Thereafter, the court shall not appoint counsel for an

21  indigent child with nonindigent parents or legal guardian but

22  shall order the parents or legal guardian to obtain private

23  counsel.  A parent or legal guardian of an indigent child who

24  has been ordered to obtain private counsel for the child and

25  who willfully fails to follow the court order shall be

26  punished by the court in civil contempt proceedings.

27         (3)  An indigent child with nonindigent parents or

28  legal guardian may have counsel appointed pursuant to s.

29  27.52(2)(d) 27.52(2)(e) if the parents or legal guardian have

30  willfully refused to obey the court order to obtain counsel

31  for the child and have been punished by civil contempt and

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  1  then still have willfully refused to obey the court order.

  2  Costs of representation shall be assessed as provided by ss.

  3  27.52(2)(d) 27.52(2)(e) and 938.29.

  4

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

  6         redesignation of s. 27.52(2)(e) as s.

  7         27.52(2)(d) by s. 4, ch. 97-107, Laws of

  8         Florida.

  9

10         Section 130.  Paragraph (b) of subsection (2) and

11  subsection (4) of section 985.227, Florida Statutes, are

12  amended to read:

13         985.227  Prosecution of juveniles as adults by the

14  direct filing of an information in the criminal division of

15  the circuit court; discretionary criteria; mandatory

16  criteria.--

17         (2)  MANDATORY DIRECT FILE.--

18         (b)  Notwithstanding subsection (1), regardless of the

19  child's age at the time the alleged offense was committed, the

20  state attorney must file an information with respect to any

21  child who previously has been adjudicated for offenses which,

22  if committed by an adult, would be felonies and such

23  adjudications occurred at three or more separate delinquency

24  adjudicatory hearings, and three of which resulted in

25  residential commitments as defined in s. 985.03(46)

26  985.03(45).

27         (4)  DIRECT-FILE POLICIES AND GUIDELINES.--Each state

28  attorney shall develop and annually update written policies

29  and guidelines to govern determinations for filing an

30  information on a juvenile, to be submitted to the Executive

31  Office of the Governor, the President of the Senate, the

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  1  Speaker of the House of Representatives, and the Juvenile

  2  Justice Accountability Advisory Board not later than January 1

  3  of each year.

  4

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

  6         conform to the redesignation of s. 985.03(45)

  7         as s. 985.03(46) by the reviser incident to the

  8         compilation of the 1998 Supplement to the

  9         Florida Statutes 1997.  Subsection (4) is

10         amended to conform to the redesignation of the

11         Juvenile Justice Advisory Board as the Juvenile

12         Justice Accountability Board by s. 12, ch.

13         98-136, Laws of Florida.

14

15         Section 131.  Section 985.23, Florida Statutes, 1998

16  Supplement, is reenacted and amended to read:

17         985.23  Disposition hearings in delinquency

18  cases.--When a child has been found to have committed a

19  delinquent act, the following procedures shall be applicable

20  to the disposition of the case:

21         (1)  Before the court determines and announces the

22  disposition to be imposed, it shall:

23         (a)  State clearly, using common terminology, the

24  purpose of the hearing and the right of persons present as

25  parties to comment at the appropriate time on the issues

26  before the court;

27         (b)  Discuss with the child his or her compliance with

28  any home release plan or other plan imposed since the date of

29  the offense;

30         (c)  Discuss with the child his or her feelings about

31  the offense committed, the harm caused to the victim or

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  1  others, and what penalty he or she should be required to pay

  2  for such transgression; and

  3         (d)  Give all parties present at the hearing an

  4  opportunity to comment on the issue of disposition and any

  5  proposed rehabilitative plan. Parties to the case shall

  6  include the parents, legal custodians, or guardians of the

  7  child; the child's counsel; the state attorney;

  8  representatives of the department; the victim if any, or his

  9  or her representative; representatives of the school system;

10  and the law enforcement officers involved in the case.

11         (2)  The first determination to be made by the court is

12  a determination of the suitability or nonsuitability for

13  adjudication and commitment of the child to the department.

14  This determination shall be based upon the predisposition

15  report which shall include, whether as part of the child's

16  multidisciplinary assessment, classification, and placement

17  process components or separately, evaluation of the following

18  criteria:

19         (a)  The seriousness of the offense to the community.

20  If the court determines that the child was a member of a

21  criminal street gang at the time of the commission of the

22  offense, which determination shall be made pursuant to chapter

23  874, the seriousness of the offense to the community shall be

24  given great weight.

25         (b)  Whether the protection of the community requires

26  adjudication and commitment to the department.

27         (c)  Whether the offense was committed in an

28  aggressive, violent, premeditated, or willful manner.

29         (d)  Whether the offense was against persons or against

30  property, greater weight being given to offenses against

31  persons, especially if personal injury resulted.

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  1         (e)  The sophistication and maturity of the child.

  2         (f)  The record and previous criminal history of the

  3  child, including without limitations:

  4         1.  Previous contacts with the department, the former

  5  Department of Health and Rehabilitative Services, the

  6  Department of Children and Family Services, the Department of

  7  Corrections, other law enforcement agencies, and courts;

  8         2.  Prior periods of probation or community control;

  9         3.  Prior adjudications of delinquency; and

10         4.  Prior commitments to institutions.

11         (g)  The prospects for adequate protection of the

12  public and the likelihood of reasonable rehabilitation of the

13  child if committed to a community services program or

14  facility.

15         (3)(a)  If the court determines that the child should

16  be adjudicated as having committed a delinquent act and should

17  be committed to the department, such determination shall be in

18  writing or on the record of the hearing.  The determination

19  shall include a specific finding of the reasons for the

20  decision to adjudicate and to commit the child to the

21  department, including any determination that the child was a

22  member of a criminal street gang.

23         (b)  If the court determines that commitment to the

24  department is appropriate, the juvenile probation officer

25  shall recommend to the court the most appropriate placement

26  and treatment plan, specifically identifying the

27  restrictiveness level most appropriate for the child.  If the

28  court has determined that the child was a member of a criminal

29  street gang, that determination shall be given great weight in

30  identifying the most appropriate restrictiveness level for the

31

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  1  child.  The court shall consider the department's

  2  recommendation in making its commitment decision.

  3         (c)  The court shall commit the child to the department

  4  at the restrictiveness level identified or may order placement

  5  at a different restrictiveness level.  The court shall state

  6  for the record the reasons which establish by a preponderance

  7  of the evidence why the court is disregarding the assessment

  8  of the child and the restrictiveness level recommended by the

  9  department.  Any party may appeal the court's findings

10  resulting in a modified level of restrictiveness pursuant to

11  this paragraph.

12         (d)  The court may also require that the child be

13  placed in a community control program following the child's

14  discharge from commitment. Community-based sanctions pursuant

15  to subsection (4) may be imposed by the court at the

16  disposition hearing or at any time prior to the child's

17  release from commitment.

18         (e)  The court shall be responsible for the

19  fingerprinting of any child at the disposition hearing if the

20  child has been adjudicated or had adjudication withheld for

21  any felony in the case currently before the court.

22         (4)  If the court determines not to adjudicate and

23  commit to the department, then the court shall determine what

24  community-based sanctions it will impose in a community

25  control program for the child.  Community-based sanctions may

26  include, but are not limited to, participation in substance

27  abuse treatment, restitution in money or in kind, a curfew,

28  revocation or suspension of the driver's license of the child,

29  community service, and appropriate educational programs as

30  determined by the district school board.

31

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  1         (5)  After appropriate sanctions for the offense are

  2  determined, the court shall develop, approve, and order a plan

  3  of community control which will contain rules, requirements,

  4  conditions, and rehabilitative programs that are designed to

  5  encourage responsible and acceptable behavior and to promote

  6  both the rehabilitation of the child and the protection of the

  7  community.

  8         (6)  The court may receive and consider any other

  9  relevant and material evidence, including other written or

10  oral reports or statements, in its effort to determine the

11  appropriate disposition to be made with regard to the child.

12  The court may rely upon such evidence to the extent of its

13  probative value, even though such evidence may not be

14  technically competent in an adjudicatory hearing.

15         (7)  The court shall notify any victim of the offense,

16  if such person is known and within the jurisdiction of the

17  court, of the hearing and shall notify and summon or subpoena,

18  if necessary, the parents, legal custodians, or guardians of

19  the child to attend the disposition hearing if they reside in

20  the state.

21

22  It is the intent of the Legislature that the criteria set

23  forth in subsection (2) are general guidelines to be followed

24  at the discretion of the court and not mandatory requirements

25  of procedure.  It is not the intent of the Legislature to

26  provide for the appeal of the disposition made pursuant to

27  this section subsection.

28

29         Reviser's note.--Section 18, ch. 98-207, Laws

30         of Florida, purported to amend paragraph

31         (3)(b), but failed to republish the paragraph

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  1         to include the flush left language at the end

  2         of the section.  In the absence of affirmative

  3         evidence that the Legislature intended to

  4         repeal the flush left language, s. 985.23 is

  5         reenacted to confirm that the omission was not

  6         intended.  Section 985.23 is amended to improve

  7         clarity.

  8

  9         Section 132.  Paragraph (a) of subsection (1) and

10  subsection (2) of section 985.231, Florida Statutes, 1998

11  Supplement, are amended to read:

12         985.231  Powers of disposition in delinquency cases.--

13         (1)

14         (a)  The court that has jurisdiction of an adjudicated

15  delinquent child may, by an order stating the facts upon which

16  a determination of a sanction and rehabilitative program was

17  made at the disposition hearing:

18         1.  Place the child in a community control program or

19  an aftercare program under the supervision of an authorized

20  agent of the Department of Juvenile Justice or of any other

21  person or agency specifically authorized and appointed by the

22  court, whether in the child's own home, in the home of a

23  relative of the child, or in some other suitable place under

24  such reasonable conditions as the court may direct. A

25  community control program for an adjudicated delinquent child

26  must include a penalty component such as restitution in money

27  or in kind, community service, a curfew, revocation or

28  suspension of the driver's license of the child, or other

29  nonresidential punishment appropriate to the offense and must

30  also include a rehabilitative program component such as a

31  requirement of participation in substance abuse treatment or

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  1  in school or other educational program. Upon the

  2  recommendation of the department at the time of disposition,

  3  or subsequent to disposition pursuant to the filing of a

  4  petition alleging a violation of the child's conditions of

  5  community control or aftercare supervision, the court may

  6  order the child to submit to random testing for the purpose of

  7  detecting and monitoring the use of alcohol or controlled

  8  substances.

  9         a.  A restrictiveness level classification scale for

10  levels of supervision shall be provided by the department,

11  taking into account the child's needs and risks relative to

12  community control supervision requirements to reasonably

13  ensure the public safety. Community control programs for

14  children shall be supervised by the department or by any other

15  person or agency specifically authorized by the court. These

16  programs must include, but are not limited to, structured or

17  restricted activities as described in this subparagraph, and

18  shall be designed to encourage the child toward acceptable and

19  functional social behavior. If supervision or a program of

20  community service is ordered by the court, the duration of

21  such supervision or program must be consistent with any

22  treatment and rehabilitation needs identified for the child

23  and may not exceed the term for which sentence could be

24  imposed if the child were committed for the offense, except

25  that the duration of such supervision or program for an

26  offense that is a misdemeanor of the second degree, or is

27  equivalent to a misdemeanor of the second degree, may be for a

28  period not to exceed 6 months. When restitution is ordered by

29  the court, the amount of restitution may not exceed an amount

30  the child and the parent or guardian could reasonably be

31  expected to pay or make. A child who participates in any work

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  1  program under this part is considered an employee of the state

  2  for purposes of liability, unless otherwise provided by law.

  3         b.  The court may conduct judicial review hearings for

  4  a child placed on community control for the purpose of

  5  fostering accountability to the judge and compliance with

  6  other requirements, such as restitution and community service.

  7  The court may allow early termination of community control for

  8  a child who has substantially complied with the terms and

  9  conditions of community control.

10         c.  If the conditions of the community control program

11  or the aftercare program are violated, the agent supervising

12  the program as it relates to the child involved, or the state

13  attorney, may bring the child before the court on a petition

14  alleging a violation of the program. Any child who violates

15  the conditions of community control or aftercare must be

16  brought before the court if sanctions are sought. A child

17  taken into custody under s. 985.207 for violating the

18  conditions of community control or aftercare shall be held in

19  a consequence unit if such a unit is available. The child

20  shall be afforded a hearing within 24 hours after being taken

21  into custody to determine the existence of probable cause that

22  the child violated the conditions of community control or

23  aftercare. A consequence unit is a secure facility

24  specifically designated by the department for children who are

25  taken into custody under s. 985.207 for violating community

26  control or aftercare, or who have been found by the court to

27  have violated the conditions of community control or

28  aftercare. If the violation involves a new charge of

29  delinquency, the child may be detained under s. 985.215 in a

30  facility other than a consequence unit. If the child is not

31  eligible for detention for the new charge of delinquency, the

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  1  child may be held in the consequence unit pending a hearing

  2  and is subject to the time limitations specified in s.

  3  985.215. If the child denies violating the conditions of

  4  community control or aftercare, the court shall appoint

  5  counsel to represent the child at the child's request. Upon

  6  the child's admission, or if the court finds after a hearing

  7  that the child has violated the conditions of community

  8  control or aftercare, the court shall enter an order revoking,

  9  modifying, or continuing community control or aftercare. In

10  each such case, the court shall enter a new disposition order

11  and, in addition to the sanctions set forth in this paragraph,

12  may impose any sanction the court could have imposed at the

13  original disposition hearing. If the child is found to have

14  violated the conditions of community control or aftercare, the

15  court may:

16         (I)  Place the child in a consequence unit in that

17  judicial circuit, if available, for up to 5 days for a first

18  violation, and up to 15 days for a second or subsequent

19  violation.

20         (II)  Place the child on home detention with electronic

21  monitoring. However, this sanction may be used only if a

22  residential consequence unit is not available.

23         (III)  Modify or continue the child's community control

24  program or aftercare program.

25         (IV)  Revoke community control or aftercare and commit

26  the child to the department.

27         d.  Notwithstanding s. 743.07 and paragraph (d), and

28  except as provided in s. 985.31, the term of any order placing

29  a child in a community control program must be until the

30  child's 19th birthday unless he or she is released by the

31

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  1  court, on the motion of an interested party or on its own

  2  motion.

  3         2.  Commit the child to a licensed child-caring agency

  4  willing to receive the child, but the court may not commit the

  5  child to a jail or to a facility used primarily as a detention

  6  center or facility or shelter.

  7         3.  Commit the child to the Department of Juvenile

  8  Justice at a restrictiveness level defined in s. 985.03(46)

  9  985.03(45). Such commitment must be for the purpose of

10  exercising active control over the child, including, but not

11  limited to, custody, care, training, urine monitoring, and

12  treatment of the child and furlough of the child into the

13  community. Notwithstanding s. 743.07 and paragraph (d), and

14  except as provided in s. 985.31, the term of the commitment

15  must be until the child is discharged by the department or

16  until he or she reaches the age of 21.

17         4.  Revoke or suspend the driver's license of the

18  child.

19         5.  Require the child and, if the court finds it

20  appropriate, the child's parent or guardian together with the

21  child, to render community service in a public service

22  program.

23         6.  As part of the community control program to be

24  implemented by the Department of Juvenile Justice, or, in the

25  case of a committed child, as part of the community-based

26  sanctions ordered by the court at the disposition hearing or

27  before the child's release from commitment, order the child to

28  make restitution in money, through a promissory note cosigned

29  by the child's parent or guardian, or in kind for any damage

30  or loss caused by the child's offense in a reasonable amount

31  or manner to be determined by the court. The clerk of the

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  1  circuit court shall be the receiving and dispensing agent. In

  2  such case, the court shall order the child or the child's

  3  parent or guardian to pay to the office of the clerk of the

  4  circuit court an amount not to exceed the actual cost incurred

  5  by the clerk as a result of receiving and dispensing

  6  restitution payments. The clerk shall notify the court if

  7  restitution is not made, and the court shall take any further

  8  action that is necessary against the child or the child's

  9  parent or guardian. A finding by the court, after a hearing,

10  that the parent or guardian has made diligent and good faith

11  efforts to prevent the child from engaging in delinquent acts

12  absolves the parent or guardian of liability for restitution

13  under this subparagraph.

14         7.  Order the child and, if the court finds it

15  appropriate, the child's parent or guardian together with the

16  child, to participate in a community work project, either as

17  an alternative to monetary restitution or as part of the

18  rehabilitative or community control program.

19         8.  Commit the child to the Department of Juvenile

20  Justice for placement in a program or facility for serious or

21  habitual juvenile offenders in accordance with s. 985.31. Any

22  commitment of a child to a program or facility for serious or

23  habitual juvenile offenders must be for an indeterminate

24  period of time, but the time may not exceed the maximum term

25  of imprisonment that an adult may serve for the same offense.

26  The court may retain jurisdiction over such child until the

27  child reaches the age of 21, specifically for the purpose of

28  the child completing the program.

29         9.  In addition to the sanctions imposed on the child,

30  order the parent or guardian of the child to perform community

31  service if the court finds that the parent or guardian did not

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  1  make a diligent and good faith effort to prevent the child

  2  from engaging in delinquent acts. The court may also order the

  3  parent or guardian to make restitution in money or in kind for

  4  any damage or loss caused by the child's offense. The court

  5  shall determine a reasonable amount or manner of restitution,

  6  and payment shall be made to the clerk of the circuit court as

  7  provided in subparagraph 6.

  8         10.  Subject to specific appropriation, commit the

  9  juvenile sexual offender to the Department of Juvenile Justice

10  for placement in a program or facility for juvenile sexual

11  offenders in accordance with s. 985.308.  Any commitment of a

12  juvenile sexual offender to a program or facility for juvenile

13  sexual offenders must be for an indeterminate period of time,

14  but the time may not exceed the maximum term of imprisonment

15  that an adult may serve for the same offense.  The court may

16  retain jurisdiction over a juvenile sexual offender until the

17  juvenile sexual offender reaches the age of 21, specifically

18  for the purpose of completing the program.

19         (2)  Following a delinquency adjudicatory hearing

20  pursuant to s. 985.228 and a delinquency disposition hearing

21  pursuant to s. 985.23 which results in a commitment

22  determination, the court shall, on its own or upon request by

23  the state or the department, determine whether the protection

24  of the public requires that the child be placed in a program

25  for serious or habitual juvenile offenders and whether the

26  particular needs of the child would be best served by a

27  program for serious or habitual juvenile offenders as provided

28  in s. 985.31. The determination shall be made pursuant to ss.

29  985.03(48) 985.03(47) and 985.23(3).

30

31

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

  2         redesignation of s. 985.03(45) as s. 985.03(46)

  3         and s. 985.03(47) as s. 985.03(48) by the

  4         reviser incident to the compilation of the 1998

  5         Supplement to the Florida Statutes 1997.

  6

  7         Section 133.  Subsection (7) of section 985.304,

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

  9         985.304  Community arbitration.--

10         (7)  REVIEW.--Any child or his or her parent or legal

11  custodian or guardian who is dissatisfied with the disposition

12  provided by the community arbitrator or the community

13  arbitration panel may request a review of the disposition to

14  the appropriate juvenile probation officer intake counselor

15  within 15 days after the community arbitration hearing.  Upon

16  receipt of the request for review, the juvenile probation

17  officer intake counselor shall consult with the state attorney

18  who shall consider the request for review and may file formal

19  juvenile proceedings or take such other action as may be

20  warranted.

21

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

23         redesignation of intake counselor or case

24         manager as juvenile probation officer by ss. 6

25         and 7, ch. 98-207, Laws of Florida.

26

27         Section 134.  Paragraph (e) of subsection (3) and

28  paragraph (a) of subsection (4) of section 985.31, Florida

29  Statutes, 1998 Supplement, are amended to read:

30         985.31  Serious or habitual juvenile offender.--

31

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  1         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

  2  TREATMENT.--

  3         (e)  After a child has been adjudicated delinquent

  4  pursuant to s. 985.228, the court shall determine whether the

  5  child meets the criteria for a serious or habitual juvenile

  6  offender pursuant to s. 985.03(48) 985.03(47). If the court

  7  determines that the child does not meet such criteria, the

  8  provisions of s. 985.231(1) shall apply.

  9         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

10         (a)  Pursuant to the provisions of this section, the

11  department shall implement the comprehensive assessment

12  instrument for the treatment needs of serious or habitual

13  juvenile offenders and for the assessment, which assessment

14  shall include the criteria under s. 985.03(48) 985.03(47) and

15  shall also include, but not be limited to, evaluation of the

16  child's:

17         1.  Amenability to treatment.

18         2.  Proclivity toward violence.

19         3.  Tendency toward gang involvement.

20         4.  Substance abuse or addiction and the level thereof.

21         5.  History of being a victim of child abuse or sexual

22  abuse, or indication of sexual behavior dysfunction.

23         6.  Number and type of previous adjudications, findings

24  of guilt, and convictions.

25         7.  Potential for rehabilitation.

26

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

28         redesignation of s. 985.03(47) as s. 985.03(48)

29         by the reviser incident to the compilation of

30         the 1998 Supplement to the Florida Statutes

31         1997.

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  1         Section 135.  Subsection (3) of section 985.311,

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

  3         985.311  Intensive residential treatment program for

  4  offenders less than 13 years of age.--

  5         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

  6  TREATMENT.--

  7         (a)  Assessment and treatment shall be conducted by

  8  treatment professionals with expertise in specific treatment

  9  procedures, which professionals shall exercise all

10  professional judgment independently of the department.

11         (b)  Treatment provided to children in designated

12  facilities shall be suited to the assessed needs of each

13  individual child and shall be administered safely and

14  humanely, with respect for human dignity.

15         (c)  The department may promulgate rules for the

16  implementation and operation of programs and facilities for

17  children who are eligible for an intensive residential

18  treatment program for offenders less than 13 years of age.

19  The department must involve the following groups in the

20  promulgation of rules for services for this population:  local

21  law enforcement agencies, the judiciary, school board

22  personnel, the office of the state attorney, the office of the

23  public defender, and community service agencies interested in

24  or currently working with juveniles.  When promulgating these

25  rules, the department must consider program principles,

26  components, standards, procedures for intake, diagnostic and

27  assessment activities, treatment modalities, and case

28  management.

29         (d)  Any provider who acts in good faith is immune from

30  civil or criminal liability for his or her actions in

31  connection with the assessment, treatment, or transportation

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  1  of an intensive offender less than 13 years of age under the

  2  provisions of this chapter.

  3         (e)  After a child has been adjudicated delinquent

  4  pursuant to s. 985.228(5), the court shall determine whether

  5  the child is eligible for an intensive residential treatment

  6  program for offenders less than 13 years of age pursuant to s.

  7  985.03(7).  If the court determines that the child does not

  8  meet the criteria, the provisions of s. 985.231(1) shall

  9  apply.

10         (f)  After a child has been transferred for criminal

11  prosecution, a circuit court judge may direct a juvenile

12  probation officer to consult with designated staff from an

13  appropriate intensive residential treatment program for

14  offenders less than 13 years of age for the purpose of making

15  recommendations to the court regarding the child's placement

16  in such program.

17         (g)  Recommendations as to a child's placement in an

18  intensive residential treatment program for offenders less

19  than 13 years of age may be based on a preliminary screening

20  of the child at appropriate sites, considering the child's

21  location while court action is pending, which may include the

22  nearest regional detention center or facility or jail.

23         (h)  Based on the recommendations of the

24  multidisciplinary assessment, the juvenile probation officer

25  shall make the following recommendations to the court:

26         1.  For each child who has not been transferred for

27  criminal prosecution, the juvenile probation officer shall

28  recommend whether placement in such program is appropriate and

29  needed.

30         2.  For each child who has been transferred for

31  criminal prosecution, the juvenile probation officer shall

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  1  recommend whether the most appropriate placement for the child

  2  is a juvenile justice system program, including a child who is

  3  eligible for an intensive residential treatment program for

  4  offenders less than 13 years of age, or placement in the adult

  5  correctional system.

  6

  7  If treatment provided by an intensive residential treatment

  8  program for offenders less than 13 years of age is determined

  9  to be appropriate and needed and placement is available, the

10  juvenile probation officer and the court shall identify the

11  appropriate intensive residential treatment program for

12  offenders less than 13 years of age best suited to the needs

13  of the child.

14         (i)  The treatment and placement recommendations shall

15  be submitted to the court for further action pursuant to this

16  paragraph:

17         1.  If it is recommended that placement in an intensive

18  residential treatment program for offenders less than 13 years

19  of age is inappropriate, the court shall make an alternative

20  disposition pursuant to s. 985.309 or other alternative

21  sentencing as applicable, utilizing the recommendation as a

22  guide.

23         2.  If it is recommended that placement in an intensive

24  residential treatment program for offenders less than 13 years

25  of age is appropriate, the court may commit the child to the

26  department for placement in the restrictiveness level

27  designated for intensive residential treatment program for

28  offenders less than 13 years of age.

29         (j)  The following provisions shall apply to children

30  in an intensive residential treatment program for offenders

31  less than 13 years of age:

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  1         1.  A child shall begin participation in the reentry

  2  component of the program based upon a determination made by

  3  the treatment provider and approved by the department.

  4         2.  A child shall begin participation in the community

  5  supervision component of aftercare based upon a determination

  6  made by the treatment provider and approved by the department.

  7  The treatment provider shall give written notice of the

  8  determination to the circuit court having jurisdiction over

  9  the child.  If the court does not respond with a written

10  objection within 10 days, the child shall begin the aftercare

11  component.

12         3.  A child shall be discharged from the program based

13  upon a determination made by the treatment provider with the

14  approval of the department.

15         4.  In situations where the department does not agree

16  with the decision of the treatment provider, a reassessment

17  shall be performed, and the department shall utilize the

18  reassessment determination to resolve the disagreement and

19  make a final decision.

20         (k)  Any commitment of a child to the department for

21  placement in an intensive residential treatment program for

22  offenders less than 13 years of age shall be for an

23  indeterminate period of time, but the time shall not exceed

24  the maximum term of imprisonment which an adult may serve for

25  the same offense.  Any child who has not completed the

26  residential portion of the intensive residential treatment

27  program for offenders less than 13 years of age by his or her

28  fourteenth birthday may be transferred to another program for

29  committed delinquent offenders.

30

31

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  1         Reviser's note.--Section 23, ch. 98-207, Laws

  2         of Florida, purported to amend subsection (3),

  3         but failed to republish the subsection to

  4         include paragraphs (j) and (k).  In the absence

  5         of affirmative evidence that the Legislature

  6         intended to repeal paragraphs (j) and (k),

  7         subsection (3) is reenacted to confirm that the

  8         omission was not intended.

  9

10         Section 136.  Subsection (2) of section 985.3141,

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

12         985.3141  Escapes from secure detention or residential

13  commitment facility.--An escape from:

14         (2)  Any residential commitment facility described in

15  s. 985.03(46) 985.03(45), maintained for the custody,

16  treatment, punishment, or rehabilitation of children found to

17  have committed delinquent acts or violations of law; or

18

19  constitutes escape within the intent and meaning of s. 944.40

20  and is a felony of the third degree, punishable as provided in

21  s. 775.082, s. 775.083, or s. 775.084.

22

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

24         redesignation of s. 985.03(45) as s. 985.03(46)

25         by the reviser incident to the compilation of

26         the 1998 Supplement to the Florida Statutes

27         1997.

28

29         Section 137.  Subsection (5) of section 985.317,

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

31         985.317  Literacy programs for juvenile offenders.--

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  1         (5)  EVALUATION AND REPORT.--The Juvenile Justice

  2  Accountability Advisory Board shall evaluate the literacy

  3  program outcomes as part of its annual evaluation of program

  4  outcomes under s. 985.401. The department, in consultation

  5  with the Department of Education, shall develop and implement

  6  an evaluation of the program in order to determine the impact

  7  of the programs on recidivism. The department shall submit an

  8  annual report on the implementation and progress of the

  9  programs to the President of the Senate and the Speaker of the

10  House of Representatives by January 1 of each year.

11

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

13         redesignation of the Juvenile Justice Advisory

14         Board as the Juvenile Justice Accountability

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

16

17         Section 138.  Paragraph (b) of subsection (4) of

18  section 985.401, Florida Statutes, 1998 Supplement, is amended

19  to read:

20         985.401  Juvenile Justice Accountability Board.--

21         (4)

22         (b)  In developing the standard methodology, the board

23  shall consult with the department, the Office Division of

24  Economic and Demographic Research, contract service providers,

25  and other interested parties. It is the intent of the

26  Legislature that this effort result in consensus

27  recommendations, and, to the greatest extent possible,

28  integrate the goals and legislatively approved measures of

29  performance-based program budgeting provided in chapter

30  94-249, Laws of Florida, the quality assurance program

31  provided in s. 985.412, and the cost-effectiveness model

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  1  provided in s. 985.404(11). The board shall notify the Office

  2  of Program Policy Analysis and Government Accountability of

  3  any meetings to develop the methodology.

  4

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

  6         redesignation of the Division of Economic and

  7         Demographic Research as the Office of Economic

  8         and Demographic Research by Joint Rule 3.1 as

  9         revised by S.C.R. 2536, 1998.

10

11         Section 139.  Paragraphs (a), (c), (d), and (e) of

12  subsection (11) of section 985.404, Florida Statutes, 1998

13  Supplement, are amended to read:

14         985.404  Administering the juvenile justice

15  continuum.--

16         (11)(a)  The Department of Juvenile Justice, in

17  consultation with the Juvenile Justice Accountability Advisory

18  Board, the Office Division of Economic and Demographic

19  Research, and contract service providers, shall develop a

20  cost-effectiveness model and apply the model to each

21  commitment program. Program recommitment rates shall be a

22  component of the model.  The cost-effectiveness model shall

23  compare program costs to client outcomes and program outputs.

24  It is the intent of the Legislature that continual development

25  efforts take place to improve the validity and reliability of

26  the cost-effectiveness model and to integrate the standard

27  methodology developed under s. 985.401(4) for interpreting

28  program outcome evaluations.

29         (c)  Based on reports of the Juvenile Justice

30  Accountability Advisory Board on client outcomes and program

31  outputs and on the department's most recent cost-effectiveness

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  1  rankings, the department may terminate a program operated by

  2  the department or a provider if the program has failed to

  3  achieve a minimum threshold of program effectiveness. This

  4  paragraph does not preclude the department from terminating a

  5  contract as provided under s. 985.412 or as otherwise provided

  6  by law or contract, and does not limit the department's

  7  authority to enter into or terminate a contract.

  8         (d)  In collaboration with the Juvenile Justice

  9  Accountability Advisory Board, the Office Division of Economic

10  and Demographic Research, and contract service providers, the

11  department shall develop a work plan to refine the

12  cost-effectiveness model so that the model is consistent with

13  the performance-based program budgeting measures approved by

14  the Legislature to the extent the department deems

15  appropriate. The department shall notify the Office of Program

16  Policy Analysis and Government Accountability of any meetings

17  to refine the model.

18         (e)  Contingent upon specific appropriation, the

19  department, in consultation with the Juvenile Justice

20  Accountability Advisory Board, the Office Division of Economic

21  and Demographic Research, and contract service providers,

22  shall:

23         1.  Construct a profile of each commitment program that

24  uses the results of the quality assurance report required by

25  s. 985.412, the outcome evaluation report compiled by the

26  Juvenile Justice Accountability Advisory Board under s.

27  985.401, the cost-effectiveness report required in this

28  subsection, and other reports available to the department.

29         2.  Target, for a more comprehensive evaluation, any

30  commitment program that has achieved consistently high, low,

31

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  1  or disparate ratings in the reports required under

  2  subparagraph 1.

  3         3.  Identify the essential factors that contribute to

  4  the high, low, or disparate program ratings.

  5         4.  Use the results of these evaluations in developing

  6  or refining juvenile justice programs or program models,

  7  client outcomes and program outputs, provider contracts,

  8  quality assurance standards, and the cost-effectiveness model.

  9

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

11         redesignation of the Juvenile Justice Advisory

12         Board as the Juvenile Justice Accountability

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

14         and the Division of Economic and Demographic

15         Research as the Office of Economic and

16         Demographic Research by Joint Rule 3.1 as

17         revised by S.C.R. 2536, 1998.

18

19         Section 140.  Paragraph (b) of subsection (15) of

20  section 985.41, Florida Statutes, 1998 Supplement, is amended

21  to read:

22         985.41  Siting of facilities; study; criteria.--

23         (15)

24         (b)  Notwithstanding ss. 255.25(1)(b) and 255.25001(2),

25  the department may enter into lease-purchase agreements to

26  provide juvenile justice facilities for the housing of

27  committed youths contingent upon available funds.  The

28  facilities provided through such agreements shall meet the

29  program plan and specifications of the department.  The

30  department may enter into such lease agreements with private

31  corporations and other governmental entities. However,

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  1  notwithstanding the provisions of s. 255.25(3)(a)

  2  255.255(3)(a), no such lease agreement may be entered into

  3  except upon advertisement for the receipt of competitive bids

  4  and award to the lowest and best bidder except when

  5  contracting with other governmental entities.

  6

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

  8         facilitate correct interpretation. Relevant

  9         information relating to lease agreements and

10         competitive bids is found in s. 255.25(3)(a).

11

12         Section 141.  Paragraph (d) of subsection (3) of

13  section 985.413, Florida Statutes, 1998 Supplement, is amended

14  to read:

15         985.413  District juvenile justice boards.--

16         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

17         (d)  A district juvenile justice board has the purpose,

18  power, and duty to:

19         1.  Advise the district juvenile justice manager and

20  the district administrator on the need for and the

21  availability of juvenile justice programs and services in the

22  district.

23         2.  Develop a district juvenile justice plan that is

24  based upon the juvenile justice plans developed by each county

25  within the district, and that addresses the needs of each

26  county within the district.

27         3.  Develop a district interagency cooperation and

28  information-sharing agreement that supplements county

29  agreements and expands the scope to include appropriate

30  circuit and district officials and groups.

31

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  1         4.  Coordinate the efforts of the district juvenile

  2  justice board with the activities of the Governor's Juvenile

  3  Justice and Delinquency Prevention Advisory Committee and

  4  other public and private entities.

  5         5.  Advise and assist the district juvenile justice

  6  manager in the provision of optional, innovative delinquency

  7  services in the district to meet the unique needs of

  8  delinquent children and their families.

  9         6.  Develop, in consultation with the district juvenile

10  justice manager, funding sources external to the Department of

11  Juvenile Justice for the provision and maintenance of

12  additional delinquency programs and services. The board may,

13  either independently or in partnership with one or more county

14  juvenile justice councils or other public or private entities,

15  apply for and receive funds, under contract or other funding

16  arrangement, from federal, state, county, city, and other

17  public agencies, and from public and private foundations,

18  agencies, and charities for the purpose of funding optional

19  innovative prevention, diversion, or treatment services in the

20  district for delinquent children and children at risk of

21  delinquency, and their families. To aid in this process, the

22  department shall provide fiscal agency services for the

23  councils.

24         7.  Educate the community about and assist in the

25  community juvenile justice partnership grant program

26  administered by the Department of Juvenile Justice.

27         8.  Advise the district health and human services

28  board, the district juvenile justice manager, and the

29  Secretary of Juvenile Justice regarding the development of the

30  legislative budget request for juvenile justice programs and

31  services in the district and the commitment region, and, in

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  1  coordination with the district health and human services

  2  board, make recommendations, develop programs, and provide

  3  funding for prevention and early intervention programs and

  4  services designed to serve children in need of services,

  5  families in need of services, and children who are at risk of

  6  delinquency within the district or region.

  7         9.  Assist the district juvenile justice manager in

  8  collecting information and statistical data useful in

  9  assessing the need for prevention programs and services within

10  the juvenile justice continuum program in the district.

11         10.  Make recommendations with respect to, and monitor

12  the effectiveness of, the judicial administrative plan for

13  each circuit pursuant to Rule 2.050, Florida Rules of Judicial

14  Administration.

15         11.  Provide periodic reports to the health and human

16  services board in the appropriate district of the Department

17  of Children and Family Services. These reports must contain,

18  at a minimum, data about the clients served by the juvenile

19  justice programs and services in the district, as well as data

20  concerning the unmet needs of juveniles within the district.

21         12.  Provide a written annual report on the activities

22  of the board to the district administrator, the Secretary of

23  Juvenile Justice, and the Juvenile Justice Accountability

24  Advisory Board. The report should include an assessment of the

25  effectiveness of juvenile justice continuum programs and

26  services within the district, recommendations for elimination,

27  modification, or expansion of existing programs, and

28  suggestions for new programs or services in the juvenile

29  justice continuum that would meet identified needs of children

30  and families in the district.

31

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

  2         redesignation of the Juvenile Justice Advisory

  3         Board as the Juvenile Justice Accountability

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

  5

  6         Section 142.  Paragraph (b) of subsection (2) of

  7  section 985.414, Florida Statutes, 1998 Supplement, is amended

  8  to read:

  9         985.414  County juvenile justice councils.--

10         (2)

11         (b)  The duties and responsibilities of a county

12  juvenile justice council include, but are not limited to:

13         1.  Developing a county juvenile justice plan based

14  upon utilization of the resources of law enforcement, the

15  school system, the Department of Juvenile Justice, the

16  Department of Children and Family Services, and others in a

17  cooperative and collaborative manner to prevent or discourage

18  juvenile crime and develop meaningful alternatives to school

19  suspensions and expulsions.

20         2.  Entering into a written county interagency

21  agreement specifying the nature and extent of contributions

22  each signatory agency will make in achieving the goals of the

23  county juvenile justice plan and their commitment to the

24  sharing of information useful in carrying out the goals of the

25  interagency agreement to the extent authorized by law. The

26  interagency agreement must include as parties, at a minimum,

27  local school authorities or representatives, local law

28  enforcement agencies, state attorneys, public defenders, and

29  local representatives of the Department of Juvenile Justice

30  and the Department of Children and Family Services. The

31  agreement must specify how community entities will cooperate,

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  1  collaborate, and share information to achieve the goals of the

  2  county juvenile justice plan.

  3         3.  Applying for and receiving public or private

  4  grants, to be administered by one of the community partners,

  5  that support one or more components of the county juvenile

  6  justice plan.

  7         4.  Designating the county representatives to the

  8  district juvenile justice board pursuant to s. 985.413.

  9         5.  Providing a forum for the presentation of

10  interagency recommendations and the resolution of

11  disagreements relating to the contents of the county

12  interagency agreement or the performance by the parties of

13  their respective obligations under the agreement.

14         6.  Assisting and directing the efforts of local

15  community support organizations and volunteer groups in

16  providing enrichment programs and other support services for

17  clients of local juvenile detention centers.

18         7.  Providing an annual report and recommendations to

19  the district juvenile justice board, the Juvenile Justice

20  Accountability Advisory Board, and the district juvenile

21  justice manager.

22

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

24         redesignation of the Juvenile Justice Advisory

25         Board as the Juvenile Justice Accountability

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

27

28

29

30

31

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