House Bill 1049

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    Florida House of Representatives - 2000                HB 1049

        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. 11.45, 20.12, 20.171, 20.331,

  4         39.001, 39.402, 72.011, 95.091, 110.123,

  5         110.191, 112.317, 112.324, 120.536, 120.545,

  6         120.80, 121.021, 121.031, 121.052, 121.122,

  7         159.804, 159.805, 159.807, 159.81, 163.3187,

  8         175.071, 185.02, 185.06, 185.23, 189.427,

  9         197.343, 201.15, 206.46, 206.609, 207.002,

10         212.02, 212.054, 212.055, 212.06, and 212.08,

11         F.S.; and reenacting ss. 61.13 and 63.132,

12         F.S., pursuant to s. 11.242, F.S.; deleting

13         provisions which have expired, have become

14         obsolete, have had their effect, have served

15         their purpose, or have been impliedly repealed

16         or superseded; replacing incorrect

17         cross-references and citations; correcting

18         grammatical, typographical, and like errors;

19         removing inconsistencies, redundancies, and

20         unnecessary repetition in the statutes;

21         improving the clarity of the statutes and

22         facilitating their correct interpretation; and

23         confirming the restoration of provisions

24         unintentionally omitted from republication in

25         the acts of the Legislature during the

26         amendatory process.

27

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

29

30         Section 1.  Paragraph (a) of subsection (1) of section

31  11.45, Florida Statutes, is amended to read:

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  1         11.45  Definitions; duties; audits; reports.--

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

  3         (a)  "County agency," for the exclusive purposes of

  4  this section, means a board of county commissioners or other

  5  legislative and governing body of a county, however styled,

  6  including that of a consolidated or metropolitan government, a

  7  clerk of the circuit court, a separate or ex officio clerk of

  8  the county court, a sheriff, a property appraiser, a tax

  9  collector, a supervisor of elections, or any other officer in

10  whom any portion of the fiscal duties of the above are under

11  law separately placed. Each county agency is a local

12  governmental entity for purposes of subparagraph (3)(a)5.

13  (3)(a)4.

14

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

16         redesignation of subparagraph (3)(a)4. as

17         subparagraph (3)(a)5. by s. 3, ch. 99-333, Laws

18         of Florida.

19

20         Section 2.  Subsection (2) of section 20.12, Florida

21  Statutes, is amended to read:

22         20.12  Department of Banking and Finance.--There is

23  created a Department of Banking and Finance.

24         (2)  As provided in s. 4(d), Art. IV of the State

25  Constitution, the purpose of the Comptroller is to serve as

26  the chief fiscal officer of the state, and he or she shall

27  settle and approve accounts against the state.

28

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

30         facilitate correct interpretation.

31

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

  2  20.171, Florida Statutes, is amended to read:

  3         20.171  Department of Labor and Employment

  4  Security.--There is created a Department of Labor and

  5  Employment Security. The department shall operate its programs

  6  in a decentralized fashion.

  7         (3)

  8         (d)1.  The secretary shall appoint a comptroller who

  9  shall be responsible to the assistant secretary.  This

10  position is exempt from part II of chapter 110.

11         2.  The comptroller is the chief financial officer of

12  the department and shall be a proven, effective administrator

13  who, by a combination of education and experience, clearly

14  possesses a broad knowledge of the administrative, financial,

15  and technical aspects of a complex cost-accounting system.

16  The comptroller must also have a working knowledge of

17  generally accepted accounting principles. At a minimum, the

18  comptroller shall hold an active license to practice public

19  accounting in this state pursuant to chapter 473 or in any

20  other state. In addition to the requirements of the Florida

21  Fiscal Accounting Management Information System Act, the

22  comptroller is responsible for the development, maintenance,

23  and modification of an accounting system which will in a

24  timely manner accurately reflect the revenues and expenditures

25  of the department and which shall include a cost-accounting

26  system to properly identify, segregate, allocate, and report

27  department costs.  The comptroller shall supervise and direct

28  preparation of a detailed 36-month forecast of cash and

29  expenditures and shall be responsible for managing cash and

30  determining cash requirements.  The comptroller shall review

31  all comparative cost studies which examine the

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  1  cost-effectiveness and feasibility of contracting for services

  2  and operations performed by the department.  The review shall

  3  state that the study was prepared in accordance with generally

  4  accepted cost-accounting standards applied in a consistent

  5  manner using valid and accurate cost data.

  6         3.  The comptroller may be required to give bond as

  7  provided by s. 20.05(4) 20.059(4).

  8         4.  The department shall, by rule or internal

  9  management memoranda as required by chapter 120, provide for

10  the maintenance by the comptroller of financial records and

11  accounts of the department as will afford a full and complete

12  check against the improper payment of bills and provide a

13  system for the prompt payment of the just obligations of the

14  department, which records must at all times disclose:

15         a.  The several appropriations available for the use of

16  the department.

17         b.  The specific amounts of each such appropriation

18  budgeted by the department for each improvement or purpose.

19         c.  The apportionment or division of all such

20  appropriations among the several counties and field offices,

21  when such apportionment or division is made.

22         d.  The amount or portion of each such apportionment

23  against general contractual and other obligations of the

24  department.

25         e.  The amount expended and still to be expended in

26  connection with each contractual and each other obligation of

27  the department.

28         f.  The expense and operating costs of the various

29  activities of the department.

30         g.  The receipts accruing to the department and the

31  distribution thereof.

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  1         h.  The assets, investments, and liabilities of the

  2  department.

  3         i.  The cash requirements of the department for a

  4  36-month period.

  5         5.  The comptroller shall maintain a separate account

  6  for each fund administered by the department.

  7         6.  The comptroller shall perform such other related

  8  duties as may be designated by the department.

  9

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

11         correct citation to the referenced material; s.

12         20.059 does not exist.

13

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

15  20.331, Florida Statutes, is amended to read:

16         20.331  Fish and Wildlife Conservation Commission.--

17         (4)(a)  To aid the commission in the implementation of

18  its constitutional and statutory duties, the Legislature

19  authorizes the commission to appoint, fix the salary of, and

20  at its pleasure, remove a person, not a member of the

21  commission, as the executive director. The executive director

22  shall be reimbursed for travel per diem and travel expenses,

23  as provided in s. 112.061, incurred in the discharge of

24  official duties. The executive director shall maintain

25  headquarters and reside in Tallahassee.

26

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

28         facilitate correct interpretation.

29

30         Section 5.  Subsection (7) of section 39.001, Florida

31  Statutes, is amended to read:

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  1         39.001  Purposes and intent; personnel standards and

  2  screening.--

  3         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

  4         (a)  The department shall develop a state plan for the

  5  prevention of abuse, abandonment, and neglect of children and

  6  shall submit the plan to the Speaker of the House of

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

  8  no later than January 1, 1983. The Department of Education and

  9  the Division of Children's Medical Services Prevention and

10  Intervention of the Department of Health shall participate and

11  fully cooperate in the development of the state plan at both

12  the state and local levels. Furthermore, appropriate local

13  agencies and organizations shall be provided an opportunity to

14  participate in the development of the state plan at the local

15  level.  Appropriate local groups and organizations shall

16  include, but not be limited to, community mental health

17  centers; guardian ad litem programs for children under the

18  circuit court; the school boards of the local school

19  districts; the district human rights advocacy committees;

20  private or public organizations or programs with recognized

21  expertise in working with children who are sexually abused,

22  physically abused, emotionally abused, abandoned, or neglected

23  and with expertise in working with the families of such

24  children; private or public programs or organizations with

25  expertise in maternal and infant health care;

26  multidisciplinary child protection teams; child day care

27  centers; law enforcement agencies, and the circuit courts,

28  when guardian ad litem programs are not available in the local

29  area.  The state plan to be provided to the Legislature and

30  the Governor shall include, as a minimum, the information

31  required of the various groups in paragraph (b).

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  1         (b)  The development of the comprehensive state plan

  2  shall be accomplished in the following manner:

  3         1.  The department shall establish an interprogram task

  4  force comprised of the Assistant Secretary for Children and

  5  Family Services, or a designee, a representative from the

  6  Children and Families Program Office, a representative from

  7  the Alcohol, Drug Abuse, and Mental Health Program Office, a

  8  representative from the Developmental Services Program Office,

  9  a representative from the Office of Standards and Evaluation,

10  and a representative from the Division of Children's Medical

11  Services Prevention and Intervention of the Department of

12  Health.  Representatives of the Department of Law Enforcement

13  and of the Department of Education shall serve as ex officio

14  members of the interprogram task force. The interprogram task

15  force shall be responsible for:

16         a.  Developing a plan of action for better coordination

17  and integration of the goals, activities, and funding

18  pertaining to the prevention of child abuse, abandonment, and

19  neglect conducted by the department in order to maximize staff

20  and resources at the state level.  The plan of action shall be

21  included in the state plan.

22         b.  Providing a basic format to be utilized by the

23  districts in the preparation of local plans of action in order

24  to provide for uniformity in the district plans and to provide

25  for greater ease in compiling information for the state plan.

26         c.  Providing the districts with technical assistance

27  in the development of local plans of action, if requested.

28         d.  Examining the local plans to determine if all the

29  requirements of the local plans have been met and, if they

30  have not, informing the districts of the deficiencies and

31  requesting the additional information needed.

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  1         e.  Preparing the state plan for submission to the

  2  Legislature and the Governor.  Such preparation shall include

  3  the collapsing of information obtained from the local plans,

  4  the cooperative plans with the Department of Education, and

  5  the plan of action for coordination and integration of

  6  departmental activities into one comprehensive plan.  The

  7  comprehensive plan shall include a section reflecting general

  8  conditions and needs, an analysis of variations based on

  9  population or geographic areas, identified problems, and

10  recommendations for change.  In essence, the plan shall

11  provide an analysis and summary of each element of the local

12  plans to provide a statewide perspective.  The plan shall also

13  include each separate local plan of action.

14         f.  Working with the specified state agency in

15  fulfilling the requirements of subparagraphs 2., 3., 4., and

16  5.

17         2.  The department, the Department of Education, and

18  the Department of Health shall work together in developing

19  ways to inform and instruct parents of school children and

20  appropriate district school personnel in all school districts

21  in the detection of child abuse, abandonment, and neglect and

22  in the proper action that should be taken in a suspected case

23  of child abuse, abandonment, or neglect, and in caring for a

24  child's needs after a report is made. The plan for

25  accomplishing this end shall be included in the state plan.

26         3.  The department, the Department of Law Enforcement,

27  and the Department of Health shall work together in developing

28  ways to inform and instruct appropriate local law enforcement

29  personnel in the detection of child abuse, abandonment, and

30  neglect and in the proper action that should be taken in a

31  suspected case of child abuse, abandonment, or neglect.

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  1         4.  Within existing appropriations, the department

  2  shall work with other appropriate public and private agencies

  3  to emphasize efforts to educate the general public about the

  4  problem of and ways to detect child abuse, abandonment, and

  5  neglect and in the proper action that should be taken in a

  6  suspected case of child abuse, abandonment, or neglect.  The

  7  plan for accomplishing this end shall be included in the state

  8  plan.

  9         5.  The department, the Department of Education, and

10  the Department of Health shall work together on the

11  enhancement or adaptation of curriculum materials to assist

12  instructional personnel in providing instruction through a

13  multidisciplinary approach on the identification,

14  intervention, and prevention of child abuse, abandonment, and

15  neglect.  The curriculum materials shall be geared toward a

16  sequential program of instruction at the four progressional

17  levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging

18  all school districts to utilize the curriculum are to be

19  included in the comprehensive state plan for the prevention of

20  child abuse, abandonment, and neglect.

21         6.  Each district of the department shall develop a

22  plan for its specific geographical area.  The plan developed

23  at the district level shall be submitted to the interprogram

24  task force for utilization in preparing the state plan.  The

25  district local plan of action shall be prepared with the

26  involvement and assistance of the local agencies and

27  organizations listed in paragraph (a), as well as

28  representatives from those departmental district offices

29  participating in the treatment and prevention of child abuse,

30  abandonment, and neglect.  In order to accomplish this, the

31  district administrator in each district shall establish a task

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  1  force on the prevention of child abuse, abandonment, and

  2  neglect.  The district administrator shall appoint the members

  3  of the task force in accordance with the membership

  4  requirements of this section.  In addition, the district

  5  administrator shall ensure that each subdistrict is

  6  represented on the task force; and, if the district does not

  7  have subdistricts, the district administrator shall ensure

  8  that both urban and rural areas are represented on the task

  9  force.  The task force shall develop a written statement

10  clearly identifying its operating procedures, purpose, overall

11  responsibilities, and method of meeting responsibilities.  The

12  district plan of action to be prepared by the task force shall

13  include, but shall not be limited to:

14         a.  Documentation of the magnitude of the problems of

15  child abuse, including sexual abuse, physical abuse, and

16  emotional abuse, and child abandonment and neglect in its

17  geographical area.

18         b.  A description of programs currently serving abused,

19  abandoned, and neglected children and their families and a

20  description of programs for the prevention of child abuse,

21  abandonment, and neglect, including information on the impact,

22  cost-effectiveness, and sources of funding of such programs.

23         c.  A continuum of programs and services necessary for

24  a comprehensive approach to the prevention of all types of

25  child abuse, abandonment, and neglect as well as a brief

26  description of such programs and services.

27         d.  A description, documentation, and priority ranking

28  of local needs related to child abuse, abandonment, and

29  neglect prevention based upon the continuum of programs and

30  services.

31

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  1         e.  A plan for steps to be taken in meeting identified

  2  needs, including the coordination and integration of services

  3  to avoid unnecessary duplication and cost, and for alternative

  4  funding strategies for meeting needs through the reallocation

  5  of existing resources, utilization of volunteers, contracting

  6  with local universities for services, and local government or

  7  private agency funding.

  8         f.  A description of barriers to the accomplishment of

  9  a comprehensive approach to the prevention of child abuse,

10  abandonment, and neglect.

11         g.  Recommendations for changes that can be

12  accomplished only at the state program level or by legislative

13  action.

14

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

16         reorganization of divisions of the Department

17         of Health by ch. 99-397, Laws of Florida.

18

19         Section 6.  Paragraph (b) of subsection (6) of section

20  39.402, Florida Statutes, is amended to read:

21         39.402  Placement in a shelter.--

22         (6)

23         (b)  The shelter petition filed with the court must

24  address each condition required to be determined by the court

25  in paragraphs (8)(a), (b), (d), and (h) (8)(a), (b), (d), and

26  (f).

27

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

29         redesignation of paragraph (8)(f) as paragraph

30         (8)(h) by s. 12, ch. 99-168, Laws of Florida.

31

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  1         Section 7.  Paragraph (b) of subsection (1) of section

  2  61.13, Florida Statutes, is reenacted to read:

  3         61.13  Custody and support of children; visitation

  4  rights; power of court in making orders.--

  5         (1)

  6         (b)  Each order for child support shall contain a

  7  provision for health insurance for the minor child when the

  8  insurance is reasonably available. Insurance is reasonably

  9  available if either the obligor or obligee has access at a

10  reasonable rate to group insurance.  The court may require the

11  obligor either to provide health insurance coverage or to

12  reimburse the obligee for the cost of health insurance

13  coverage for the minor child when coverage is provided by the

14  obligee.  In either event, the court shall apportion the cost

15  of coverage, and any noncovered medical, dental, and

16  prescription medication expenses of the child, to both parties

17  by adding the cost to the basic obligation determined pursuant

18  to s. 61.30(6). The court may order that payment of uncovered

19  medical, dental, and prescription medication expenses of the

20  minor child be made directly to the payee on a percentage

21  basis.

22         1.  A copy of the court order for insurance coverage

23  shall be served on the obligor's payor or union by the obligee

24  or the IV-D agency when the following conditions are met:

25         a.  The obligor fails to provide written proof to the

26  obligee or the IV-D agency within 30 days of receiving

27  effective notice of the court order, that the insurance has

28  been obtained or that application for insurability has been

29  made;

30

31

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  1         b.  The obligee or IV-D agency serves written notice of

  2  its intent to enforce medical support on the obligor by mail

  3  at the obligor's last known address; and

  4         c.  The obligor fails within 15 days after the mailing

  5  of the notice to provide written proof to the obligee or the

  6  IV-D agency that the insurance coverage existed as of the date

  7  of mailing.

  8         2.  In cases in which the noncustodial parent provides

  9  health care coverage and the noncustodial parent changes

10  employment and the new employer provides health care coverage,

11  the IV-D agency shall transfer notice of the provision to the

12  employer, which notice shall operate to enroll the child in

13  the noncustodial parent's health plan, unless the noncustodial

14  parent contests the notice.  Notice to enforce medical

15  coverage under this section shall be served by the IV-D agency

16  upon the obligor by mail at the obligor's last known address.

17  The obligor shall have 15 days from the date of mailing of the

18  notice to contest the notice with the IV-D agency.

19         3.  Upon receipt of the order pursuant to subparagraph

20  1. or the notice pursuant to subparagraph 2., or upon

21  application of the obligor pursuant to the order, the payor,

22  union, or employer shall enroll the minor child as a

23  beneficiary in the group insurance plan and withhold any

24  required premium from the obligor's income.  If more than one

25  plan is offered by the payor, union, or employer, the child

26  shall be enrolled in the insurance plan in which the obligor

27  is enrolled.

28         4.  The Department of Revenue shall have the authority

29  to adopt rules to implement the child support enforcement

30  provisions of this section.

31

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  1         Reviser's note.--Section 8, ch. 98-397, Laws of

  2         Florida, purported to amend paragraph (1)(b),

  3         but failed to republish subparagraphs 1.-4. In

  4         the absence of affirmative evidence that the

  5         Legislature intended to repeal subparagraphs

  6         1.-4., paragraph (1)(b) is reenacted to confirm

  7         that the omission was not intended.

  8

  9         Section 8.  Paragraph (c) of subsection (1) of section

10  63.132, Florida Statutes, is reenacted to read:

11         63.132  Report of expenditures and receipts.--

12         (1)  At least 10 days before the hearing, the

13  petitioner and any intermediary must file two copies of an

14  affidavit containing a full accounting of all disbursements

15  and receipts of anything of value, including professional

16  fees, made or agreed to be made by or on behalf of the

17  petitioner and any intermediary in connection with the

18  adoption.  The clerk of the court shall forward a copy of the

19  affidavit to the department. The report must show any expenses

20  or receipts incurred in connection with:

21         (c)  The medical or hospital care received by the

22  mother or by the minor during the mother's prenatal care and

23  confinement.

24

25         Reviser's note.--Section 15, ch. 92-96, Laws of

26         Florida, purported to amend subsection (1), but

27         failed to republish in full paragraph (c). In

28         the absence of affirmative evidence that the

29         Legislature intended to repeal a portion of

30         paragraph (c), it is reenacted to confirm that

31         the omission was not intended.

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  1         Section 9.  Paragraph (a) of subsection (1) of section

  2  72.011, Florida Statutes, is amended to read:

  3         72.011  Jurisdiction of circuit courts in specific tax

  4  matters; administrative hearings and appeals; time for

  5  commencing action; parties; deposits.--

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

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

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

  9  125.0108, chapter 198, chapter 199, chapter 201, chapter 203,

10  chapter 206, chapter 207, chapter 210, chapter 211, chapter

11  212, chapter 213, chapter 220, chapter 221, s. 370.07(3),

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

13  s. 538.09, s. 538.25, chapter 550, chapter 561, chapter 562,

14  chapter 563, chapter 564, chapter 565, chapter 624, or s.

15  681.117 by filing an action in circuit court; or,

16  alternatively, the taxpayer may file a petition under the

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

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

19  120.57, or s. 120.80(14)(b), no action relating to the same

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

21  and judicial review shall be exclusively limited to appellate

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

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

24  chapter 120.

25

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

27         repeal of s. 403.7195 by s. 20, ch. 99-4, Laws

28         of Florida.

29

30         Section 10.  Paragraph (a) of subsection (3) of section

31  95.091, Florida Statutes, is amended to read:

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  1         95.091  Limitation on actions to collect taxes.--

  2         (3)(a)  With the exception of taxes levied under

  3  chapter 198 and tax adjustments made pursuant to s. 220.23,

  4  the Department of Revenue may determine and assess the amount

  5  of any tax, penalty, or interest due under any tax enumerated

  6  in s. 72.011 which it has authority to administer and the

  7  Department of Business and Professional Regulation may

  8  determine and assess the amount of any tax, penalty, or

  9  interest due under any tax enumerated in s. 72.011 which it

10  has authority to administer:

11         1.  For taxes due before July 1, 1999, within 5 years

12  after the date the tax is due, any return with respect to the

13  tax is due, or such return is filed, whichever occurs later;

14  and for taxes due on or after July 1, 1999, within 3 years

15  after the date the tax is due, any return with respect to the

16  tax is due, or such return is filed, whichever occurs later;

17         2.  For taxes due before July 1, 1999, within 6 years

18  after the date the taxpayer either makes a substantial

19  underpayment of tax, or files a substantially incorrect

20  return;

21         3.  At any time while the right to a refund or credit

22  of the tax is available to the taxpayer;

23         4.  For taxes due before July 1, 1999, at any time

24  after the taxpayer has filed a grossly false return;

25         5.  At any time after the taxpayer has failed to make

26  any required payment of the tax, has failed to file a required

27  return, or has filed a fraudulent return, except that for

28  taxes due on or after July 1, 1999, the limitation prescribed

29  in subparagraph 1. sub-subparagraph a. applies if the taxpayer

30  has disclosed in writing the tax liability to the department

31  before the department has contacted the taxpayer; or

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  1         6.  In any case in which there has been a refund of tax

  2  erroneously made for any reason:

  3         a.  For refunds made before July 1, 1999, within 5

  4  years after making such refund; and

  5         b.  For refunds made on or after July 1, 1999, within 3

  6  years after making such refund,

  7

  8  or at any time after making such refund if it appears that any

  9  part of the refund was induced by fraud or the

10  misrepresentation of a material fact.

11

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

13         correct citation to the referenced material.

14

15         Section 11.  Paragraph (g) of subsection (3) of section

16  110.123, Florida Statutes, is amended to read:

17         110.123  State group insurance program.--

18         (3)  STATE GROUP INSURANCE PROGRAM.--

19         (g)1.  A person eligible to participate in the state

20  group insurance program may be authorized by rules adopted by

21  the department, in lieu of participating in the state group

22  health insurance plan, to exercise an option to elect

23  membership in a health maintenance organization plan which is

24  under contract with the state in accordance with criteria

25  established by this section and by said rules.  The offer of

26  optional membership in a health maintenance organization plan

27  permitted by this paragraph may be limited or conditioned by

28  rule as may be necessary to meet the requirements of state and

29  federal laws.

30         2.  The department shall contract with health

31  maintenance organizations seeking to participate in the state

                                  17

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  1  group insurance program through a request for proposal or

  2  other procurement process, as developed by the Department of

  3  Management Services and determined to be appropriate.

  4         a.  The department shall establish a schedule of

  5  minimum benefits for health maintenance organization coverage,

  6  and that schedule shall include: physician services; inpatient

  7  and outpatient hospital services; emergency medical services,

  8  including out-of-area emergency coverage; diagnostic

  9  laboratory and diagnostic and therapeutic radiologic services;

10  mental health, alcohol, and chemical dependency treatment

11  services meeting the minimum requirements of state and federal

12  law; skilled nursing facilities and services; prescription

13  drugs; and other benefits as may be required by the

14  department.  Additional services may be provided subject to

15  the contract between the department and the HMO.

16         b.  The department may establish uniform deductibles,

17  copayments, or coinsurance schedules for all participating HMO

18  plans.

19         c.  The department may require detailed information

20  from each health maintenance organization participating in the

21  procurement process, including information pertaining to

22  organizational status, experience in providing prepaid health

23  benefits, accessibility of services, financial stability of

24  the plan, quality of management services, accreditation

25  status, quality of medical services, network access and

26  adequacy, performance measurement, ability to meet the

27  department's reporting requirements, and the actuarial basis

28  of the proposed rates and other data determined by the

29  director to be necessary for the evaluation and selection of

30  health maintenance organization plans and negotiation of

31  appropriate rates for these plans.  Upon receipt of proposals

                                  18

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  1  by health maintenance organization plans and the evaluation of

  2  those proposals, the department may enter into negotiations

  3  with all of the plans or a subset of the plans, as the

  4  department determines appropriate. Nothing shall preclude the

  5  department from negotiating regional or statewide contracts

  6  with health maintenance organization plans when this is

  7  cost-effective and when the department determines that the

  8  plan offers high value to enrollees.

  9         d.  The department may limit the number of HMOs that it

10  contracts with in each service area based on the nature of the

11  bids the department receives, the number of state employees in

12  the service area, or any unique geographical characteristics

13  of the service area. The department shall establish by rule

14  service areas throughout the state.

15         e.  All persons participating in the state group

16  insurance program who are required to contribute towards a

17  total state group health premium shall be subject to the same

18  dollar contribution regardless of whether the enrollee enrolls

19  in the state group health insurance plan or in an HMO plan.

20         3.  The department division is authorized to negotiate

21  and to contract with specialty psychiatric hospitals for

22  mental health benefits, on a regional basis, for alcohol, drug

23  abuse, and mental and nervous disorders. The department

24  division may establish, subject to the approval of the

25  Legislature pursuant to subsection (5), any such regional plan

26  upon completion of an actuarial study to determine any impact

27  on plan benefits and premiums.

28         4.  In addition to contracting pursuant to subparagraph

29  2., the department shall enter into contract with any HMO to

30  participate in the state group insurance program which:

31

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  1         a.  Serves greater than 5,000 recipients on a prepaid

  2  basis under the Medicaid program;

  3         b.  Does not currently meet the 25 percent

  4  non-Medicare/non-Medicaid enrollment composition requirement

  5  established by the Department of Health excluding participants

  6  enrolled in the state group insurance program;

  7         c.  Meets the minimum benefit package and copayments

  8  and deductibles contained in sub-subparagraphs 2.a. and b.;

  9         d.  Is willing to participate in the state group

10  insurance program at a cost of premiums that is not greater

11  than 95 percent of the cost of HMO premiums accepted by the

12  department in each service area; and

13         e.  Meets the minimum surplus requirements of s.

14  641.225.

15

16  The department is authorized to contract with HMOs that meet

17  the requirements of sub-subparagraphs a. through d. prior to

18  the open enrollment period for state employees.  The

19  department is not required to renew the contract with the HMOs

20  as set forth in this paragraph more than twice. Thereafter,

21  the HMOs shall be eligible to participate in the state group

22  insurance program only through the request for proposal

23  process described in subparagraph 2.

24         5.  All enrollees in the state group health insurance

25  plan or any health maintenance organization plan shall have

26  the option of changing to any other health plan which is

27  offered by the state within any open enrollment period

28  designated by the department. Open enrollment shall be held at

29  least once each calendar year.

30         6.  When a contract between a treating provider and the

31  state-contracted health maintenance organization is terminated

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  1  for any reason other than for cause, each party shall allow

  2  any enrollee for whom treatment was active to continue

  3  coverage and care when medically necessary, through completion

  4  of treatment of a condition for which the enrollee was

  5  receiving care at the time of the termination, until the

  6  enrollee selects another treating provider, or until the next

  7  open enrollment period offered, whichever is longer, but no

  8  longer than 6 months after termination of the contract. Each

  9  party to the terminated contract shall allow an enrollee who

10  has initiated a course of prenatal care, regardless of the

11  trimester in which care was initiated, to continue care and

12  coverage until completion of postpartum care. This does not

13  prevent a provider from refusing to continue to provide care

14  to an enrollee who is abusive, noncompliant, or in arrears in

15  payments for services provided. For care continued under this

16  subparagraph, the program and the provider shall continue to

17  be bound by the terms of the terminated contract. Changes made

18  within 30 days before termination of a contract are effective

19  only if agreed to by both parties.

20         7.  Any HMO participating in the state group insurance

21  program shall submit health care utilization and cost data to

22  the department, in such form and in such manner as the

23  department division shall require, as a condition of

24  participating in the program.  The department shall enter into

25  negotiations with its contracting HMOs to determine the nature

26  and scope of the data submission and the final requirements,

27  format, penalties associated with noncompliance, and

28  timetables for submission.  These determinations shall be

29  adopted by rule.

30         8.  The department may establish and direct, with

31  respect to collective bargaining issues, a comprehensive

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  1  package of insurance benefits that may include supplemental

  2  health and life coverage, dental care, long-term care, vision

  3  care, and other benefits it determines necessary to enable

  4  state employees to select from among benefit options that best

  5  suit their individual and family needs.

  6         a.  Based upon a desired benefit package, the

  7  department shall issue a request for proposal for health

  8  insurance providers interested in participating in the state

  9  group insurance program, and the department division shall

10  issue a request for proposal for insurance providers

11  interested in participating in the non-health-related

12  components of the state group insurance program.  Upon receipt

13  of all proposals, the department may enter into contract

14  negotiations with insurance providers submitting bids or

15  negotiate a specially designed benefit package. Insurance

16  providers offering or providing supplemental coverage as of

17  May 30, 1991, which qualify for pretax benefit treatment

18  pursuant to s. 125 of the Internal Revenue Code of 1986, with

19  5,500 or more state employees currently enrolled may be

20  included by the department in the supplemental insurance

21  benefit plan established by the department without

22  participating in a request for proposal, submitting bids,

23  negotiating contracts, or negotiating a specially designed

24  benefit package. These contracts shall provide state employees

25  with the most cost-effective and comprehensive coverage

26  available; however, no state or agency funds shall be

27  contributed toward the cost of any part of the premium of such

28  supplemental benefit plans.

29         b.  Pursuant to the applicable provisions of s.

30  110.161, and s. 125 of the Internal Revenue Code of 1986, the

31  department shall enroll in the pretax benefit program those

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  1  state employees who voluntarily elect coverage in any of the

  2  supplemental insurance benefit plans as provided by

  3  sub-subparagraph a.

  4         c.  Nothing herein contained shall be construed to

  5  prohibit insurance providers from continuing to provide or

  6  offer supplemental benefit coverage to state employees as

  7  provided under existing agency plans.

  8

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

10         substitution of the term "department" for the

11         term "division" made elsewhere in the section

12         by s. 6, ch. 99-255, Laws of Florida.

13

14         Section 12.  Subsection (2) of section 110.191, Florida

15  Statutes, is amended to read:

16         110.191  State employee leasing.--

17         (2)  Positions which are in the Senior Management

18  Service System or the Selected Exempt Service System on the

19  day before the state employee lease agreement takes effect

20  shall remain in the respective system if the duties performed

21  by the position during the assignment of the state employee

22  lease agreement are comparable as determined by the

23  department.  Those Senior Management Service System or

24  Selected Exempt Service System positions which are not

25  determined comparable by the department and positions which

26  are in other pay plans on the day before the lease agreement

27  takes effect shall have the same salaries and benefits

28  provided to employees of the Office of the Governor pursuant

29  to s. 110.205(2)(k)1.b 110.205(2)(k)2.

30

31

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

  2         redesignation of s. 110.205(2)(k)2. as s.

  3         110.205(2)(k)1.b. by s. 30, ch. 99-228, Laws of

  4         Florida.

  5

  6         Section 13.  Paragraph (c) of subsection (1) of section

  7  112.317, Florida Statutes, is amended to read:

  8         112.317  Penalties.--

  9         (1)  Violation of any provision of this part,

10  including, but not limited to, any failure to file any

11  disclosures required by this part or violation of any standard

12  of conduct imposed by this part, or violation of any provision

13  of s. 8, Art. II of the State Constitution, in addition to any

14  criminal penalty or other civil penalty involved, shall,

15  pursuant to applicable constitutional and statutory

16  procedures, constitute grounds for, and may be punished by,

17  one or more of the following:

18         (c)  In the case of a candidate who violates the

19  provisions of this part or s. 8(a) and (i) 8(a) and (h), Art.

20  II of the State Constitution:

21         1.  Disqualification from being on the ballot.

22         2.  Public censure.

23         3.  Reprimand.

24         4.  A civil penalty not to exceed $10,000.

25

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

27         redesignation of s. 8(h), Art. II of the State

28         Constitution, as s. 8(i) to conform to the

29         addition of a new s. 8(g) by Revision No. 13

30         (1998).

31

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  1         Section 14.  Subsection (7) of section 112.324, Florida

  2  Statutes, is amended to read:

  3         112.324  Procedures on complaints of violations.--

  4         (7)  If, in cases pertaining to complaints other than

  5  complaints against impeachable officers or members of the

  6  Legislature, upon completion of a full and final investigation

  7  by the commission, the commission finds that there has been a

  8  violation of this part or of s. 8, Art. II of the State

  9  Constitution, it shall be the duty of the commission to report

10  its findings and recommend appropriate action to the proper

11  disciplinary official or body as follows, and such official or

12  body shall have the power to invoke the penalty provisions of

13  this part, including the power to order the appropriate

14  elections official to remove a candidate from the ballot for a

15  violation of s. 112.3145 or s. 8(a) and (i) 8(a) and (h), Art.

16  II of the State Constitution:

17         (a)  The President of the Senate and the Speaker of the

18  House of Representatives, jointly, in any case concerning the

19  Public Counsel, members of the Public Service Commission,

20  members of the Public Service Commission Nominating Council,

21  the Auditor General, members of the Legislative Committee on

22  Intergovernmental Relations, or members of the Advisory

23  Council on Environmental Education.

24         (b)  The Supreme Court, in any case concerning an

25  employee of the judicial branch.

26         (c)  The President of the Senate, in any case

27  concerning an employee of the Senate; the Speaker of the House

28  of Representatives, in any case concerning an employee of the

29  House of Representatives; or the President and the Speaker,

30  jointly, in any case concerning an employee of a committee of

31  the Legislature whose members are appointed solely by the

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  1  President and the Speaker or in any case concerning an

  2  employee of the Public Counsel, Public Service Commission,

  3  Auditor General, Legislative Committee on Intergovernmental

  4  Relations, or Advisory Council on Environmental Education.

  5         (d)  Except as otherwise provided by this part, the

  6  Governor, in the case of any other public officer, public

  7  employee, former public officer or public employee, candidate,

  8  or former candidate.

  9         (e)  The President of the Senate or the Speaker of the

10  House of Representatives, whichever is applicable, in any case

11  concerning a former member of the Legislature who has violated

12  a provision applicable to former members or whose violation

13  occurred while a member of the Legislature.

14

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

16         redesignation of s. 8(h), Art. II of the State

17         Constitution, as s. 8(i) to conform to the

18         addition of a new s. 8(g) by Revision No. 13

19         (1998).

20

21         Section 15.  Paragraph (b) of subsection (2) of section

22  120.536, Florida Statutes, is amended to read:

23         120.536  Rulemaking authority; listing of rules

24  exceeding authority; repeal; challenge.--

25         (2)

26         (b)  By October 1, 1999, each agency shall provide to

27  the Administrative Procedures Committee a listing of each

28  rule, or portion thereof, adopted by that agency before June

29  18, 1999 the effective date of the bill, which exceeds the

30  rulemaking authority permitted by this section.  For those

31  rules of which only a portion exceeds the rulemaking authority

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  1  permitted by this section, the agency shall also identify the

  2  language of the rule which exceeds this authority.  The

  3  Administrative Procedures Committee shall combine the lists

  4  and provide the cumulative listing to the President of the

  5  Senate and the Speaker of the House of Representatives.  The

  6  Legislature shall, at the 2000 Regular Session, consider

  7  whether specific legislation authorizing the identified rules,

  8  or portions thereof, should be enacted.  By January 1, 2001,

  9  each agency shall initiate proceedings pursuant to s. 120.54

10  to repeal each rule, or portion thereof, identified as

11  exceeding the rulemaking authority permitted by this section

12  for which authorizing legislation does not exist. By February

13  1, 2001, the Administrative Procedures Committee shall submit

14  to the President of the Senate and the Speaker of the House of

15  Representatives a report identifying those rules that an

16  agency had previously identified as exceeding the rulemaking

17  authority permitted by this section for which proceedings to

18  repeal the rule have not been initiated.  As of July 1, 2001,

19  the Administrative Procedures Committee or any substantially

20  affected person may petition an agency to repeal any rule, or

21  portion thereof, because it exceeds the rulemaking authority

22  permitted by this section.  Not later than 30 days after the

23  date of filing the petition if the agency is headed by an

24  individual, or not later than 45 days if the agency is headed

25  by a collegial body, the agency shall initiate rulemaking

26  proceedings to repeal the rule, or portion thereof, or deny

27  the petition, giving a written statement of its reasons for

28  the denial.

29

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

31         facilitate correct interpretation. Paragraph

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  1         (b) was enacted by s. 3, ch. 99-379, Laws of

  2         Florida. Section 8, ch. 99-379, provided that

  3         the act would take effect upon becoming law.

  4         Committee Substitute for H.B. 107, which became

  5         ch. 99-379, was signed by the Governor on June

  6         18, 1999.

  7

  8         Section 16.  Subsection (1) of section 120.545, Florida

  9  Statutes, is amended to read:

10         120.545  Committee review of agency rules.--

11         (1)  As a legislative check on legislatively created

12  authority, the committee shall examine each proposed rule,

13  except for those proposed rules exempted by s. 120.81(1)(e)

14  and (2) 120.81(1)(d) and (2), and its accompanying material,

15  and each emergency rule, and may examine any existing rule,

16  for the purpose of determining whether:

17         (a)  The rule is an invalid exercise of delegated

18  legislative authority.

19         (b)  The statutory authority for the rule has been

20  repealed.

21         (c)  The rule reiterates or paraphrases statutory

22  material.

23         (d)  The rule is in proper form.

24         (e)  The notice given prior to its adoption was

25  sufficient to give adequate notice of the purpose and effect

26  of the rule.

27         (f)  The rule is consistent with expressed legislative

28  intent pertaining to the specific provisions of law which the

29  rule implements.

30

31

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  1         (g)  The rule is necessary to accomplish the apparent

  2  or expressed objectives of the specific provision of law which

  3  the rule implements.

  4         (h)  The rule is a reasonable implementation of the law

  5  as it affects the convenience of the general public or persons

  6  particularly affected by the rule.

  7         (i)  The rule could be made less complex or more easily

  8  comprehensible to the general public.

  9         (j)  The rule does not impose regulatory costs on the

10  regulated person, county, or city which could be reduced by

11  the adoption of less costly alternatives that substantially

12  accomplish the statutory objectives.

13         (k)  The rule will require additional appropriations.

14         (l)  If the rule is an emergency rule, there exists an

15  emergency justifying the promulgation of such rule, the agency

16  has exceeded the scope of its statutory authority, and the

17  rule was promulgated in compliance with the requirements and

18  limitations of s. 120.54(4).

19

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

21         redesignation of s. 120.81(1)(d) as s.

22         120.81(1)(e) by s. 7, ch. 99-379, Laws of

23         Florida.

24

25         Section 17.  Subsection (7) of section 120.80, Florida

26  Statutes, is amended to read:

27         120.80  Exceptions and special requirements;

28  agencies.--

29         (7)  DEPARTMENT OF CHILDREN AND FAMILY

30  SERVICES.--Notwithstanding s. 120.57(1)(a), hearings conducted

31  within the Department of Children and Family Services in the

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  1  execution of those social and economic programs administered

  2  by the former Division of Family Services of the former

  3  Department of Health and Rehabilitative Services that

  4  department prior to the reorganization effected by chapter

  5  75-48, Laws of Florida, need not be conducted by an

  6  administrative law judge assigned by the division.

  7

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

  9         facilitate correct interpretation. The

10         referenced former Division of Family Services

11         had been a part of the former Department of

12         Health and Rehabilitative Services.

13

14         Section 18.  Subsection (10) of section 121.021,

15  Florida Statutes, is amended to read:

16         121.021  Definitions.--The following words and phrases

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

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

19         (10)  "Employer" means any agency, branch, department,

20  institution, university, institution of higher education, or

21  board of the state, or any county agency, branch, department,

22  board, district school board, or special district of the

23  state, or any city of the state which participates in the

24  system for the benefit of certain of its employees, or a

25  charter school or charter technical career center that

26  participates as provided in s. 121.051(2)(d).

27

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

29         facilitate correct interpretation.

30

31

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  1         Section 19.  Subsection (1) and paragraph (a) of

  2  subsection (3) of section 121.031, Florida Statutes, are

  3  amended to read:

  4         121.031  Administration of system; appropriation;

  5  oaths; actuarial studies; public records.--

  6         (1)  The Department of Management Services has the

  7  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

  8  to implement the provisions of law conferring duties upon the

  9  department division and to adopt rules as are necessary for

10  the effective and efficient administration of this system. The

11  funds to pay the expenses for administration of the system are

12  hereby appropriated from the interest earned on investments

13  made for the retirement and social security trust funds and

14  the assessments allowed under chapter 650.

15         (3)  The administrator shall cause an actuarial study

16  of the system to be made at least once every 2 years and shall

17  report the results of such study to the Legislature by

18  February 1 prior to the next legislative session.

19         (a)  The study shall, at a minimum, conform to the

20  requirements of s. 112.63, with the following exceptions and

21  additions:

22         1.  The valuation of plan assets shall be based on a

23  5-year averaging methodology such as that specified in the

24  United States Department of Treasury Regulations, 26 C.F.R. s.

25  1.412(c)(2)-1, or a similar accepted approach designed to

26  attenuate fluctuations in asset values.

27         2.  The study shall include a narrative explaining the

28  changes in the covered group over the period between actuarial

29  valuations and the impact of those changes on actuarial

30  results.

31

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  1         3.  When substantial changes in actuarial assumptions

  2  have been made, the study shall reflect the results of an

  3  actuarial assumption as of the current date based on the

  4  assumptions utilized in the prior actuarial report.

  5         4.  The study shall include an analysis of the changes

  6  in actuarial valuation results by the factors generating those

  7  changes.  Such analysis shall reconcile the current actuarial

  8  valuation results with those results from the prior valuation.

  9         5.  The study shall include measures of funding status

10  and funding progress designed to facilitate the assessment of

11  trends over several actuarial valuations with respect to the

12  overall solvency of the system. Such measures shall be adopted

13  by the department division and shall be used consistently in

14  all actuarial valuations performed on the system.

15

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

17         transfer of functions of the Division of

18         Retirement to the Department of Management

19         Services by ch. 99-255, Laws of Florida.

20

21         Section 20.  Paragraph (d) of subsection (5) and

22  paragraph (a) of subsection (7) of section 121.052, Florida

23  Statutes, are amended to read:

24         121.052  Membership class of elected officers.--

25         (5)  UPGRADED SERVICE; PURCHASE OF ADDITIONAL CREDIT.--

26         (d)  Any member of the Florida Retirement System who

27  serves as the elected mayor of a consolidated local

28  government, which government by its charter has chosen status

29  as a municipality rather than a county government for purposes

30  of the state retirement system administered under this

31  chapter, may elect membership in the Elected State and County

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  1  Officers' Class established by this section for the duration

  2  of the term of office. Any such mayor or former mayor shall be

  3  eligible for membership in this class for the term of office,

  4  provided the member or the local government employer pays the

  5  retirement contributions that would have been paid had actual

  6  participation commenced at that time, plus interest at 6.5

  7  percent compounded each June 30 from date of participation

  8  until date of payment. No retirement credit will be allowed

  9  under this subsection for any such service which is used to

10  obtain a benefit under any local retirement system.

11         (7)  CONTRIBUTIONS.--

12         (a)  The following table states the required retirement

13  contribution rates for members of the Elected Officers' Class

14  and their employers in terms of a percentage of the member's

15  gross compensation. A change in a contribution rate is

16  effective with the first salary paid on or after the beginning

17  date of the change. Contributions shall be made or deducted as

18  may be appropriate for each pay period and are in addition to

19  the contributions required for social security and the Retiree

20  Health Insurance Subsidy Trust Fund.

21

22  Dates of Contribution

23    Rate Changes                             Members   Employers

24

25  July 1, 1972, through September 30, 1977

26    Legislators                                 8%           8%

27    All Other Members                           8%           8%

28

29  October 1, 1977, through September 30, 1978

30    Legislators                                 8%           8%

31    All Other Members                           4%          12%

                                  33

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  1

  2  October 1, 1978, through September 30, 1979

  3    Legislators                                 8%       10.57%

  4    All Other Members                           4%       16.78%

  5

  6  October 1, 1979, through September 30, 1981

  7    Legislators                                 8%       10.57%

  8    Governor, Lt. Governor, Cabinet

  9      Officers                                  4%       16.78%

10    All Other Members                           0%       20.78%

11

12  July 1, 1981, through June 30, 1984

13    County Elected Officers                     0%       19.30%

14

15  July 1, 1984, through September 30, 1984

16    County Elected Officers                     0%       20.25%

17

18  October 1, 1981, through September 30, 1984

19    Legislators                                 0%       19.30%

20    Governor, Lt. Governor, Cabinet

21      Officers                                  0%       21.03%

22    State Attorneys, Public Defenders           0%       20.95%

23    Justices, Judges                            0%       22.55%

24

25  October 1, 1984, through September 30, 1986

26    Legislators                                 0%       10.98%

27    Governor, Lt. Governor, Cabinet

28      Officers                                  0%       10.98%

29    State Attorneys, Public Defenders           0%       10.98%

30    Justices, Judges                            0%       21.79%

31    County Elected Officers                     0%       16.97%

                                  34

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  1

  2  October 1, 1986, through December 31, 1988

  3    Legislators                                 0%       11.50%

  4    Governor, Lt. Governor, Cabinet

  5      Officers                                  0%       11.50%

  6    State Attorneys, Public Defenders           0%       11.50%

  7    Justices, Judges                            0%       20.94%

  8    County Elected Officers                     0%       17.19%

  9

10  January 1, 1989, through December 31, 1989

11    Legislators                                 0%       13.70%

12    Governor, Lt. Governor, Cabinet

13      Officers                                  0%       13.70%

14    State Attorneys, Public Defenders           0%       13.70%

15    Justices, Judges                            0%       22.58%

16    County Elected Officers                     0%       18.44%

17

18  January 1, 1990, through December 31, 1990

19    Legislators                                 0%       15.91%

20    Governor, Lt. Governor, Cabinet

21      Officers                                  0%       15.91%

22    State Attorneys, Public Defenders           0%       15.91%

23    Justices, Judges                            0%       24.22%

24    County Elected Officers                     0%       19.71%

25

26  January 1, 1991, through December 31, 1991

27    Legislators                                 0%       17.73%

28    Governor, Lt. Governor, Cabinet

29      Officers                                  0%       17.73%

30    State Attorneys, Public Defenders           0%       17.73%

31    Justices, Judges                            0%       26.63%

                                  35

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  1    County Elected Officers                     0%       23.32%

  2

  3  January 1, 1992, through December 31, 1992

  4    Legislators                                 0%       19.94%

  5    Governor, Lt. Governor, Cabinet

  6      Officers                                  0%       19.94%

  7    State Attorneys, Public Defenders           0%       19.94%

  8    Justices, Judges                            0%       28.27%

  9    County Elected Officers                     0%       24.59%

10

11  January 1, 1993, through December 31, 1993

12    Legislators                                 0%       22.14%

13    Governor, Lt. Governor, Cabinet

14      Officers                                  0%       22.14%

15    State Attorneys, Public Defenders           0%       22.14%

16    Justices, Judges                            0%       29.91%

17    County Elected Officers                     0%       25.84%

18

19  January 1, 1994, through December 31, 1994

20    Legislators                                 0%       22.65%

21    Governor, Lt. Governor, Cabinet

22      Officers                                  0%       22.65%

23    State Attorneys, Public Defenders           0%       22.65%

24    Justices, Judges                            0%       30.52%

25    County Elected Officers                     0%       26.07%

26

27  January 1, 1995, through December 31, 1995

28    Legislators                                 0%       22.80%

29    Governor, Lt. Governor, Cabinet

30      Officers                                  0%       22.80%

31    State Attorneys, Public Defenders           0%       22.80%

                                  36

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  1    Justices, Judges                            0%       30.21%

  2    County Elected Officers                     0%       27.48%

  3

  4  January 1, 1996, through June 30, 1996

  5    Legislators                                 0%       22.90%

  6    Governor, Lt. Governor, Cabinet

  7      Officers                                  0%       22.90%

  8    State Attorneys, Public Defenders           0%       22.90%

  9    Justices, Judges                            0%       30.15%

10    County Elected Officers                     0%       27.54%

11

12  July 1, 1996, through June 30, 1998

13    Legislators                                 0%       23.07%

14    Governor, Lt. Governor, Cabinet

15      Officers                                  0%       23.07%

16    State Attorneys, Public Defenders           0%       23.07%

17    Justices, Judges                            0%       29.55%

18    County Elected Officers                     0%       27.33%

19

20  Effective July 1, 1998, through June 30, 1999

21    Legislators                                 0%       22.33%

22    Governor, Lt. Governor, Cabinet

23      Officers                                  0%       22.33%

24    State Attorneys, Public Defenders           0%       22.33%

25    Justices, Judges                            0%       27.21%

26    County Elected Officers                     0%       26.99%

27

28  Effective July 1, 1999

29    Legislators                                 0%       14.31%

30    Governor, Lt. Governor, Cabinet

31      Officers                                  0%       14.31%

                                  37

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  1    State Attorneys, Public Defenders           0%       14.31%

  2    Justices, Judges                            0%       20.48%

  3    County Elected Officers                     0%       17.05%

  4

  5

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

  7         conform to the redesignation of the Elected

  8         State and County Officers' Class as the Elected

  9         Officers' Class by ch. 98-413, Laws of Florida.

10         Paragraph (7)(a) is amended to delete a word

11         that has served its purpose.

12

13         Section 21.  Paragraph (b) of subsection (3) of section

14  121.122, Florida Statutes, is amended to read:

15         121.122  Renewed membership in system.--Except as

16  provided in s. 121.053, effective July 1, 1991, any retiree of

17  a state-administered retirement system who is employed in a

18  regularly established position with a covered employer shall

19  be enrolled as a compulsory member of the Regular Class of the

20  Florida Retirement System or, effective July 1, 1997, any

21  retiree of a state-administered retirement system who is

22  employed in a position included in the Senior Management

23  Service Class shall be enrolled as a compulsory member of the

24  Senior Management Service Class of the Florida Retirement

25  System as provided in s. 121.055, and shall be entitled to

26  receive an additional retirement benefit, subject to the

27  following conditions:

28         (3)  Such member shall be entitled to purchase

29  additional retirement credit in the Regular Class or the

30  Senior Management Service Class, as applicable, for any

31

                                  38

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  1  postretirement service performed in a regularly established

  2  position as follows:

  3         (b)  For Senior Management Service Class prior to June

  4  1, 1997, as provided in s. 121.055(1)(j) 121.055(1)(i).

  5

  6  The contribution for postretirement service between July 1,

  7  1985, and July 1, 1991, for which the reemployed retiree

  8  contribution was paid, shall be the difference between such

  9  contribution and the total applicable contribution for the

10  period being claimed, plus interest.  The employer of such

11  member may pay the applicable employer contribution in lieu of

12  the member. If a member does not wish to claim credit for all

13  of the postretirement service for which he or she is eligible,

14  the service the member claims must be the most recent service.

15

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

17         redesignation of s. 121.055(1)(i) as s.

18         121.055(1)(j) by s. 2, ch. 99-291, Laws of

19         Florida.

20

21         Section 22.  Subsection (3) of section 159.804, Florida

22  Statutes, is amended to read:

23         159.804  Allocation of state volume limitation.--The

24  division shall annually determine the amount of private

25  activity bonds permitted to be issued in this state under the

26  Code and shall make such information available upon request to

27  any person or agency.  The total amount of private activity

28  bonds authorized to be issued in this state pursuant to the

29  Code shall be initially allocated as follows on January 1 of

30  each year:

31

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  1         (3)(a)  Twenty-five percent of the state volume

  2  limitation remaining after the allocation made pursuant to

  3  subsection (1) shall be allocated to the Florida Housing

  4  Finance Corporation Agency for use in connection with the

  5  issuance of housing bonds of that corporation agency or its

  6  assigns.

  7         (b)  The Florida Housing Finance Corporation Agency

  8  need not apply to the division for an allocation of its volume

  9  limitation granted under paragraph (a) for bonds it issues

10  prior to July 1 of any year and is not subject to the fee

11  required under s. 159.811.  However, for bonds it intends to

12  issue between July 1 and September 29 of any year, utilizing

13  the allocation granted under paragraph (a), the Florida

14  Housing Finance Corporation Agency must submit a notice of

15  intent to issue to the division not later than June 30 of such

16  year, and a written confirmation of allocation shall be

17  granted if a sufficient amount of that allocation is

18  available.

19         (c)  The Florida Housing Finance Corporation Agency, in

20  its discretion, may, prior to July 1 of each year, assign any

21  portion of the Florida Housing Finance Corporation Agency

22  allocation to any agency for the issuance of housing bonds,

23  taking into consideration the ability of the agency to timely

24  issue such bonds, the need and public purpose to be served by

25  the issue, and the ability of the agency to comply with the

26  requirements of federal and state law.  Such assignment is not

27  effective until receipt by the division of notification of the

28  assignment.  A separate allocation from the division is not

29  needed for bonds issued prior to July 1 utilizing such an

30  assignment.  An agency that intends to utilize such an

31  assignment to issue housing bonds between July 1 and September

                                  40

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  1  29 of any year must submit a notice of intent to issue to the

  2  division for the amount of such assignment not later than June

  3  30, and a written confirmation of allocation shall be granted

  4  if a sufficient amount of the allocation under paragraph (a)

  5  is available.  Any amounts representing assignments of which

  6  the division had been notified by the Florida Housing Finance

  7  Corporation Agency but for which an issuance report or notice

  8  of intent to issue pursuant to this subsection has not been

  9  received by the division by June 30 of any year shall be

10  reallocated to the state allocation pool on July 1 of that

11  year.

12

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

14         replacement of the Florida Housing Finance

15         Agency by the Florida Housing Finance

16         Corporation pursuant to s. 7, ch. 97-167, Laws

17         of Florida.

18

19         Section 23.  Paragraph (b) of subsection (5) of section

20  159.805, Florida Statutes, is amended to read:

21         159.805  Procedures for obtaining allocations;

22  requirements; limitations on allocations; issuance reports.--

23         (5)

24         (b)  The issuance report shall be made on a form

25  adopted by the division and must provide such information as

26  the division considers necessary, but must provide at least

27  the name and amount of bonds issued; the date of issuance; the

28  name of the agency issuing such bonds; the purpose for which

29  the bonds were issued, and, for bonds for manufacturing

30  facilities, the product manufactured; the rating on the bonds,

31  if one was obtained; the name, address, phone number, and

                                  41

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  1  contact person for any project sponsor or private borrower of

  2  bond proceeds; the address of any project and, in addition,

  3  the number of residential units if the bonds are for

  4  multifamily housing; the name and address of bond counsel,

  5  bond underwriter, if any, bond purchaser, if not an

  6  underwriter, or placement agency, if any; and, except with

  7  respect to housing bonds issued by the Florida Housing Finance

  8  Corporation Agency pursuant to s. 159.81, the amount of bond

  9  proceeds disbursed at the time of issuance.

10

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

12         replacement of the Florida Housing Finance

13         Agency by the Florida Housing Finance

14         Corporation pursuant to s. 7, ch. 97-167, Laws

15         of Florida.

16

17         Section 24.  Paragraph (b) of subsection (4) of section

18  159.807, Florida Statutes, is amended to read:

19         159.807  State allocation pool.--

20         (4)

21         (b)  This subsection does not apply to the Florida

22  Housing Finance Corporation Agency:

23         1.  Until its allocation pursuant to s. 159.804(3) has

24  been exhausted, is unavailable, or is inadequate to provide an

25  allocation pursuant to s. 159.804(3) and any carryforwards of

26  volume limitation from prior years for the same carryforward

27  purpose, as that term is defined in s. 146 of the Code, as the

28  bonds it intends to issue have been completely utilized or

29  have expired.

30         2.  Prior to July 1 of any year, when housing bonds for

31  which the Florida Housing Finance Corporation Agency has made

                                  42

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  1  an assignment of its allocation permitted by s. 159.804(3)(c)

  2  have not been issued.

  3

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

  5         replacement of the Florida Housing Finance

  6         Agency by the Florida Housing Finance

  7         Corporation pursuant to s. 7, ch. 97-167, Laws

  8         of Florida.

  9

10         Section 25.  Paragraphs (b) and (d) of subsection (2)

11  of section 159.81, Florida Statutes, are amended to read:

12         159.81  Unused allocations; carryforwards.--

13         (2)  On December 30 of any year, any amount of the

14  state volume limitation not used prior to December 30 to issue

15  bonds as evidenced by receipt by the division of the issuance

16  report, except for that amount of the state volume limitation

17  utilized pursuant to subsection (1) above, shall be applied in

18  the following order of priority:

19         (b)  Thereafter, the Florida Housing Finance

20  Corporation Agency shall use any remaining state volume

21  limitation to issue bonds or carryforward allocation for the

22  issuance of housing bonds.

23         (d)  Then, any amounts not allocated or carried forward

24  shall be reserved for use by the Florida Housing Finance

25  Corporation Agency for mortgage credit certificates, as

26  defined in s. 25 of the Code, to be used in subsequent years

27  as provided by the Code.

28

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

30         replacement of the Florida Housing Finance

31         Agency by the Florida Housing Finance

                                  43

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  1         Corporation pursuant to s. 7, ch. 97-167, Laws

  2         of Florida.

  3

  4         Section 26.  Paragraph (j) of subsection (1) of section

  5  163.3187, Florida Statutes, is amended to read:

  6         163.3187  Amendment of adopted comprehensive plan.--

  7         (1)  Amendments to comprehensive plans adopted pursuant

  8  to this part may be made not more than two times during any

  9  calendar year, except:

10         (j)  Any comprehensive plan amendment to establish

11  public school concurrency pursuant to s. 163.3180(13)

12  163.3180(12), including, but not limited to, adoption of a

13  public school facilities element and adoption of amendments to

14  the capital improvements element and intergovernmental

15  coordination element. In order to ensure the consistency of

16  local government public school facilities elements within a

17  county, such elements shall be prepared and adopted on a

18  similar time schedule.

19

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

21         redesignation of s. 163.3180(12) as s.

22         163.3180(13) by s. 4, ch. 99-378, Laws of

23         Florida.

24

25         Section 27.  Paragraph (b) of subsection (7) of section

26  175.071, Florida Statutes, is amended to read:

27         175.071  General powers and duties of board of

28  trustees.--For any municipality, special fire control

29  district, chapter plan, local law municipality, local law

30  special fire control district, or local law plan under this

31  chapter:

                                  44

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  1         (7)  To assist the board in meeting its

  2  responsibilities under this chapter, the board, if it so

  3  elects, may:

  4         (b)  Employ an independent actuary, as defined in s.

  5  175.032(7) 175.032(4), at the pension fund's expense.

  6

  7  If the board chooses to use the municipality's or special

  8  district's legal counsel or actuary, or chooses to use any of

  9  the municipality's or special district's other professional,

10  technical, or other advisers, it must do so only under terms

11  and conditions acceptable to the board.

12

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

14         transfer of the material formerly in s.

15         175.032(4) to s. 175.032(7) by s. 2, ch. 99-1,

16         Laws of Florida.

17

18         Section 28.  Subsection (3) of section 185.02, Florida

19  Statutes, is amended to read:

20         185.02  Definitions.--For any municipality, chapter

21  plan, local law municipality, or local law plan under this

22  chapter, the following words and phrases as used in this

23  chapter shall have the following meanings, unless a different

24  meaning is plainly required by the context:

25         (3)  "Chapter plan" means a separate defined benefit

26  pension plan for police officers which incorporates by

27  reference the provisions of this chapter and has been adopted

28  by the governing body of a municipality as provided in s.

29  185.08.  Except as may be specifically authorized in this

30  chapter, provisions of a chapter plan may not differ from the

31  plan provisions set forth in ss. 185.01-185.341 and

                                  45

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  1  185.37-185.39 185.36-185.42.  Actuarial valuations of chapter

  2  plans shall be conducted by the division as provided by s.

  3  185.221(1)(b).

  4

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

  6         repeal of ss. 185.36 and 185.40 by ss. 75 and

  7         79, ch. 99-1, Laws of Florida, respectively,

  8         and the fact that the referenced s. 185.42 has

  9         never existed.

10

11         Section 29.  Paragraph (b) of subsection (6) of section

12  185.06, Florida Statutes, is amended to read:

13         185.06  General powers and duties of board of

14  trustees.--For any municipality, chapter plan, local law

15  municipality, or local law plan under this chapter:

16         (6)  To assist the board in meeting its

17  responsibilities under this chapter, the board, if it so

18  elects, may:

19         (b)  Employ an independent actuary, as defined in s.

20  185.02(8) 185.02(5), at the pension fund's expense.

21

22  If the board chooses to use the municipality's or special

23  district's legal counsel or actuary, or chooses to use any of

24  the municipality's other professional, technical, or other

25  advisers, it must do so only under terms and conditions

26  acceptable to the board.

27

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

29         transfer of the material formerly in s.

30         185.02(5) to s. 185.02(8) by s. 42, ch. 99-1,

31         Laws of Florida.

                                  46

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  1         Section 30.  Subsection (1) of section 185.23, Florida

  2  Statutes, is amended to read:

  3         185.23  Duties of Division of Retirement; rulemaking;

  4  investment by State Board of Administration.--

  5         (1)  The division shall be responsible for the daily

  6  oversight and monitoring for actuarial soundness of the

  7  municipal police officers' retirement plans, whether chapter

  8  or local law plans, established under this chapter, for

  9  receiving and holding the premium tax moneys collected under

10  this chapter, and, upon determining compliance with the

11  provisions of on this chapter, for disbursing those moneys to

12  the municipal police officers' retirement plans.  The funds to

13  pay the expenses for such administration shall be annually

14  appropriated from the interest and investment income earned on

15  moneys deposited in the trust fund.

16

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

18         facilitate correct interpretation.

19

20         Section 31.  Section 189.427, Florida Statutes, is

21  amended to read:

22         189.427  Fee schedule; Operating Trust Fund.--The

23  Department of Community Affairs, by rule, shall establish a

24  schedule of fees to pay one-half of the costs incurred by the

25  department in administering this act, except that the fee may

26  not exceed $175 per district per year. The fees collected

27  under this section shall be deposited in the Operating Trust

28  Fund established under s. 290.034, which shall be administered

29  by the Department of Community Affairs. Any fee rule must

30  consider factors such as the dependent and independent status

31  of the district and district revenues for the most recent

                                  47

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  1  fiscal year as reported to the Department of Banking and

  2  Finance. The department may assess fines of not more than $25,

  3  with an aggregate total not to exceed $50, as penalties

  4  against special districts that fail to remit required fees to

  5  the department. It is the intent of the Legislature that

  6  general revenue funds will be made available to the department

  7  to pay one-half of the cost of administering this act.

  8

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

10         repeal of s. 290.034 by s. 14, ch. 99-4, Laws

11         of Florida.

12

13         Section 32.  Subsection (1) of section 197.343, Florida

14  Statutes, is amended to read:

15         197.343  Tax notices; additional notice required.--

16         (1)  An additional tax notice shall be mailed by April

17  10 to each taxpayer whose payment has not been received.  The

18  notice shall include a description of the property and the

19  following statement: If the taxes for the ...(year)... on your

20  property are not paid, a tax certificate will be sold for

21  these taxes, and your property may be sold at a future date.

22  Contact the tax collector's office at once.

23

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

25         facilitate correct interpretation.

26

27         Section 33.  Paragraph (a) of subsection (7) of section

28  201.15, Florida Statutes, is amended to read:

29         201.15  Distribution of taxes collected.--All taxes

30  collected under this chapter shall be distributed as follows

31  and shall be subject to the service charge imposed in s.

                                  48

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  1  215.20(1), except that such service charge shall not be levied

  2  against any portion of taxes pledged to debt service on bonds

  3  to the extent that the amount of the service charge is

  4  required to pay any amounts relating to the bonds:

  5         (7)  Eight and sixty-six hundredths percent of the

  6  remaining taxes collected under this chapter shall be paid

  7  into the State Treasury to the credit of the State Housing

  8  Trust Fund and shall be used as follows:

  9         (a)  Twelve and one-half percent of that amount shall

10  be deposited into the State Housing Trust Fund and be expended

11  by the Department of Community Affairs and by the Florida

12  Housing Finance Corporation Agency for the purposes for which

13  the State Housing Trust Fund was created and exists by law.

14

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

16         replacement of the Florida Housing Finance

17         Agency by the Florida Housing Finance

18         Corporation pursuant to s. 7, ch. 97-167, Laws

19         of Florida.

20

21         Section 34.  Effective July 1, 2001, paragraph (a) of

22  subsection (10) of section 201.15, Florida Statutes, as

23  amended by section 2 of chapter 99-247, Laws of Florida, is

24  amended to read:

25         201.15  Distribution of taxes collected.--All taxes

26  collected under this chapter shall be distributed as follows

27  and shall be subject to the service charge imposed in s.

28  215.20(1), except that such service charge shall not be levied

29  against any portion of taxes pledged to debt service on bonds

30  to the extent that the amount of the service charge is

31  required to pay any amounts relating to the bonds:

                                  49

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  1         (10)  Eight and sixty-six hundredths percent of the

  2  remaining taxes collected under this chapter shall be paid

  3  into the State Treasury to the credit of the State Housing

  4  Trust Fund and shall be used as follows:

  5         (a)  Twelve and one-half percent of that amount shall

  6  be deposited into the State Housing Trust Fund and be expended

  7  by the Department of Community Affairs and by the Florida

  8  Housing Finance Corporation Agency for the purposes for which

  9  the State Housing Trust Fund was created and exists by law.

10

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

12         replacement of the Florida Housing Finance

13         Agency by the Florida Housing Finance

14         Corporation pursuant to s. 7, ch. 97-167, Laws

15         of Florida.

16

17         Section 35.  Subsection (3) of section 206.46, Florida

18  Statutes, is amended to read:

19         206.46  State Transportation Trust Fund.--

20         (3)  Through fiscal year 1999-2000, a minimum of 14.3

21  percent of all state revenues deposited into the State

22  Transportation Trust Fund shall be committed annually by the

23  department for public transportation projects in accordance

24  with chapter 311, ss. 332.003-332.007, chapter 341, and

25  chapter 343. Beginning in fiscal year 2000-2001, and each year

26  thereafter, a minimum of 15 percent of all state revenues

27  deposited into the State Transportation Trust Fund shall be

28  committed annually by the department for public transportation

29  projects in accordance with chapter 311, ss. 332.003-332.007

30  332.002-332.007, chapter 341, and chapter 343.

31

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  1         Reviser's note.--Amended to facilitate correct

  2         interpretation and conform to usage elsewhere

  3         in the subsection; s. 332.002 does not exist.

  4

  5         Section 36.  Subsection (1) and paragraph (b) of

  6  subsection (3) of section 206.609, Florida Statutes, are

  7  amended to read:

  8         206.609  Transfer of funds to the Agricultural

  9  Emergency Eradication Trust Fund.--Moneys transferred to the

10  Agricultural Emergency Eradication Trust Fund pursuant to ss.

11  206.606 and 206.608 are subject to the following provisions:

12         (1)  If the unobligated balance of the Agricultural

13  Emergency Eradication Trust Fund exceeds $20 million, the

14  transfers provided for in ss. 206.606(1)(c) 206.606(1)(d) and

15  206.608(1) shall be discontinued until the unobligated balance

16  of the trust fund falls below $10 million, at which time such

17  transfers shall be reinstated to return the balance to $20

18  million.

19         (3)

20         (b)  Any refunds of the tax imposed under s.

21  206.41(1)(g) claimed under s. 206.41(4)(c)1. in excess of such

22  refunds claimed during the fiscal year preceding the effective

23  date of this act shall be deducted from the amount transferred

24  pursuant to s. 206.606(1)(c) 206.606(1)(d), during the year

25  the claims are made, to the Agricultural Emergency Eradication

26  Trust Fund.

27

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

29         redesignation of s. 206.606(1)(d) as s.

30         206.606(1)(c) necessitated by the repeal of

31

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  1         former s. 206.606(1)(c) by s. 4, ch. 98-307,

  2         Laws of Florida.

  3

  4         Section 37.  Subsection (2) of section 207.002, Florida

  5  Statutes, is amended to read:

  6         207.002  Definitions.--As used in this chapter, the

  7  term:

  8         (2)  "Commercial motor vehicle" means any vehicle not

  9  owned or operated by a governmental entity which uses diesel

10  fuel or motor fuel on the public highways; and which has a

11  gross vehicle weight in excess of 26,000 pounds, or has three

12  or more axles regardless of weight, or is used in combination

13  when the weight of such combination exceeds 26,000 pounds

14  gross vehicle weight.  The term excludes any vehicle owned or

15  operated by a coordinated community transportation coordinator

16  provider as defined in s. 427.011 or by a private operator

17  that provides public transit services under contract with such

18  a provider.

19

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

21         redesignation of coordinated community

22         transportation providers as community

23         transportation coordinators by s. 1, ch.

24         89-376, Laws of Florida.

25

26         Section 38.  Paragraph (a) of subsection (14) of

27  section 212.02, Florida Statutes, is amended to read:

28         212.02  Definitions.--The following terms and phrases

29  when used in this chapter have the meanings ascribed to them

30  in this section, except where the context clearly indicates a

31  different meaning:

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  1         (14)(a)  "Retail sale" or a "sale at retail" means a

  2  sale to a consumer or to any person for any purpose other than

  3  for resale in the form of tangible personal property or

  4  services taxable under this chapter, and includes all such

  5  transactions that may be made in lieu of retail sales or sales

  6  at retail. A sale for resale includes a sale of qualifying

  7  property. As used in this paragraph, the term "qualifying

  8  property" means tangible personal property, other than

  9  electricity, which is used or consumed by a government

10  contractor in the performance of a qualifying contract as

11  defined in s. 212.08(17)(c) 212.06(17)(c), to the extent that

12  the cost of the property is allocated or charged as a direct

13  item of cost to such contract, title to which property vests

14  in or passes to the government under the contract. The term

15  "government contractor" includes prime contractors and

16  subcontractors. As used in this paragraph, a cost is a "direct

17  item of cost" if it is a "direct cost" as defined in 48 C.F.R.

18  s. 9904.418-30(a)(2), or similar successor provisions,

19  including costs identified specifically with a particular

20  contract.

21

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

23         correct location of the referenced material;

24         the referenced s. 212.06(17)(c) does not exist.

25

26         Section 39.  Subsection (7) of section 212.054, Florida

27  Statutes, is amended to read:

28         212.054  Discretionary sales surtax; limitations,

29  administration, and collection.--

30         (7)(a)  The governing body of any county levying a

31  discretionary sales surtax or the school board of any county

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  1  levying the school capital outlay surtax authorized by s.

  2  212.055(6) 212.055(7) shall notify the department within 10

  3  days after final adoption by ordinance or referendum of an

  4  imposition, termination, or rate change of the surtax, but no

  5  later than November 16 prior to the effective date.  The

  6  notice must specify the time period during which the surtax

  7  will be in effect and the rate and must include a copy of the

  8  ordinance and such other information as the department

  9  requires by rule. Failure to timely provide such notification

10  to the department shall result in the delay of the effective

11  date for a period of 1 year.

12         (b)  In addition to the notification required by

13  paragraph (a), the governing body of any county proposing to

14  levy a discretionary sales surtax or the school board of any

15  county proposing to levy the school capital outlay surtax

16  authorized by s. 212.055(6) 212.055(7) shall notify the

17  department by October 1 if the referendum or consideration of

18  the ordinance that would result in imposition, termination, or

19  rate change of the surtax is scheduled to occur on or after

20  October 1 of that year.  Failure to timely provide such

21  notification to the department shall result in the delay of

22  the effective date for a period of 1 year.

23

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

25         redesignation of s. 212.055(7) as s. 212.055(6)

26         necessitated by the repeal of former s.

27         212.055(6) by s. 4, ch. 99-4, Laws of Florida.

28

29         Section 40.  Paragraph (i) of subsection (2), paragraph

30  (f) of subsection (3), and paragraph (a) of subsection (4) of

31  section 212.055, Florida Statutes, are amended to read:

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  1         212.055  Discretionary sales surtaxes; legislative

  2  intent; authorization and use of proceeds.--It is the

  3  legislative intent that any authorization for imposition of a

  4  discretionary sales surtax shall be published in the Florida

  5  Statutes as a subsection of this section, irrespective of the

  6  duration of the levy.  Each enactment shall specify the types

  7  of counties authorized to levy; the rate or rates which may be

  8  imposed; the maximum length of time the surtax may be imposed,

  9  if any; the procedure which must be followed to secure voter

10  approval, if required; the purpose for which the proceeds may

11  be expended; and such other requirements as the Legislature

12  may provide.  Taxable transactions and administrative

13  procedures shall be as provided in s. 212.054.

14         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

15         (i)  Notwithstanding any other provision of this

16  section, a county shall not levy local option sales surtaxes

17  authorized in this subsection and subsections (3), (4), and

18  (5) (3), (4), (5), and (6) in excess of a combined rate of 1

19  percent.

20         (3)  SMALL COUNTY SURTAX.--

21         (f)  Notwithstanding any other provision of this

22  section, a county shall not levy local option sales surtaxes

23  authorized in this subsection and subsections (2), (4), and

24  (5) (2), (4), (5), and (6) in excess of a combined rate of 1

25  percent.

26         (4)  INDIGENT CARE SURTAX.--

27         (a)  The governing body in each county the government

28  of which is not consolidated with that of one or more

29  municipalities, which has a population of at least 800,000

30  residents and is not authorized to levy a surtax under

31  subsection (5) or subsection (6), may levy, pursuant to an

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  1  ordinance either approved by an extraordinary vote of the

  2  governing body or conditioned to take effect only upon

  3  approval by a majority vote of the electors of the county

  4  voting in a referendum, a discretionary sales surtax at a rate

  5  that may not exceed 0.5 percent.

  6

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

  8         repeal of former subsection (6) by s. 4, ch.

  9         99-4, Laws of Florida.

10

11         Section 41.  Paragraph (b) of subsection (8) of section

12  212.06, Florida Statutes, is amended to read:

13         212.06  Sales, storage, use tax; collectible from

14  dealers; "dealer" defined; dealers to collect from purchasers;

15  legislative intent as to scope of tax.--

16         (8)

17         (b)  The presumption that tangible personal property

18  used in another state, territory of the United States, or the

19  District of Columbia for 6 months or longer before being

20  imported into this state was not purchased for use in this

21  state does not apply to any boat for which a saltwater fishing

22  license fee is required to be paid pursuant to s.

23  370.0605(2)(b)1., 2., or 3., either directly or indirectly,

24  for the purpose of taking, attempting to take, or possessing

25  any marine fish for noncommercial purposes.  Use tax shall

26  apply and be due on such a boat as provided in this paragraph,

27  and proof of payment of such tax must be presented prior to

28  the first such licensure of the boat, registration of the boat

29  pursuant to chapter 328 327, and titling of the boat pursuant

30  to chapter 328 that occurs after July 1, 1991. A boat that is

31  first licensed within 1 year after purchase shall be subject

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  1  to use tax on the full amount of the purchase price; a boat

  2  that is first licensed in the second year after purchase shall

  3  be subject to use tax on 90 percent of the purchase price; a

  4  boat that is first licensed in the third year after purchase

  5  shall be subject to use tax on 80 percent of the purchase

  6  price; a boat that is first licensed in the fourth year after

  7  purchase shall be subject to use tax on 70 percent of the

  8  purchase price; a boat that is first licensed in the fifth

  9  year after purchase shall be subject to use tax on 60 percent

10  of the purchase price; and a boat that is first licensed in

11  the sixth year after purchase, or later, shall be subject to

12  use tax on 50 percent of the purchase price.  If the purchaser

13  fails to provide the purchase invoice on such boat, the fair

14  market value of the boat at the time of importation into this

15  state shall be used to compute the tax.

16

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

18         transfer of provisions relating to vessel

19         registration from chapter 327 to chapter 328 by

20         ch. 99-289, Laws of Florida, and to delete a

21         provision that has served its purpose.

22

23         Section 42.  Paragraph (t) of subsection (7) of section

24  212.08, Florida Statutes, is amended to read:

25         212.08  Sales, rental, use, consumption, distribution,

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

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

28  the storage to be used or consumed in this state of the

29  following are hereby specifically exempt from the tax imposed

30  by this chapter.

31         (7)  MISCELLANEOUS EXEMPTIONS.--

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  1         (t)  Boats temporarily docked in state.--

  2         1.  Notwithstanding the provisions of chapter chapters

  3  327 and 328, pertaining to the registration of vessels, a boat

  4  upon which the state sales or use tax has not been paid is

  5  exempt from the use tax under this chapter if it enters and

  6  remains in this state for a period not to exceed a total of 20

  7  days in any calendar year calculated from the date of first

  8  dockage or slippage at a facility, registered with the

  9  department, that rents dockage or slippage space in this

10  state.  If a boat brought into this state for use under this

11  paragraph is placed in a facility, registered with the

12  department, for repairs, alterations, refitting, or

13  modifications and such repairs, alterations, refitting, or

14  modifications are supported by written documentation, the

15  20-day period shall be tolled during the time the boat is

16  physically in the care, custody, and control of the repair

17  facility, including the time spent on sea trials conducted by

18  the facility.  The 20-day time period may be tolled only once

19  within a calendar year when a boat is placed for the first

20  time that year in the physical care, custody, and control of a

21  registered repair facility; however, the owner may request and

22  the department may grant an additional tolling of the 20-day

23  period for purposes of repairs that arise from a written

24  guarantee given by the registered repair facility, which

25  guarantee covers only those repairs or modifications made

26  during the first tolled period.  Within 72 hours after the

27  date upon which the registered repair facility took possession

28  of the boat, the facility must have in its possession, on

29  forms prescribed by the department, an affidavit which states

30  that the boat is under its care, custody, and control and that

31  the owner does not use the boat while in the facility.  Upon

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  1  completion of the repairs, alterations, refitting, or

  2  modifications, the registered repair facility must, within 72

  3  hours after the date of release, have in its possession a copy

  4  of the release form which shows the date of release and any

  5  other information the department requires. The repair facility

  6  shall maintain a log that documents all alterations,

  7  additions, repairs, and sea trials during the time the boat is

  8  under the care, custody, and control of the facility.  The

  9  affidavit shall be maintained by the registered repair

10  facility as part of its records for as long as required by s.

11  213.35.  When, within 6 months after the date of its purchase,

12  a boat is brought into this state under this paragraph, the

13  6-month period provided in s. 212.05(1)(a)2. or s. 212.06(8)

14  shall be tolled.

15         2.  During the period of repairs, alterations,

16  refitting, or modifications and during the 20-day period

17  referred to in subparagraph 1., the boat may be listed for

18  sale, contracted for sale, or sold exclusively by a broker or

19  dealer registered with the department without incurring a use

20  tax under this chapter; however, the sales tax levied under

21  this chapter applies to such sale.

22         3.  The mere storage of a boat at a registered repair

23  facility does not qualify as a tax-exempt use in this state.

24         4.  As used in this paragraph, "registered repair

25  facility" means:

26         a.  A full-service facility that:

27         (I)  Is located on a navigable body of water;

28         (II)  Has haulout capability such as a dry dock, travel

29  lift, railway, or similar equipment to service craft under the

30  care, custody, and control of the facility;

31

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  1         (III)  Has adequate piers and storage facilities to

  2  provide safe berthing of vessels in its care, custody, and

  3  control; and

  4         (IV)  Has necessary shops and equipment to provide

  5  repair or warranty work on vessels under the care, custody,

  6  and control of the facility;

  7         b.  A marina that:

  8         (I)  Is located on a navigable body of water;

  9         (II)  Has adequate piers and storage facilities to

10  provide safe berthing of vessels in its care, custody, and

11  control; and

12         (III)  Has necessary shops and equipment to provide

13  repairs or warranty work on vessels; or

14         c.  A shoreside facility that:

15         (I)  Is located on a navigable body of water;

16         (II)  Has adequate piers and storage facilities to

17  provide safe berthing of vessels in its care, custody, and

18  control; and

19         (III)  Has necessary shops and equipment to provide

20  repairs or warranty work.

21

22  Exemptions provided to any entity by this subsection shall not

23  inure to any transaction otherwise taxable under this chapter

24  when payment is made by a representative or employee of such

25  entity by any means, including, but not limited to, cash,

26  check, or credit card even when that representative or

27  employee is subsequently reimbursed by such entity.

28

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

30         transfer of provisions relating to vessel

31

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  1         registration from chapter 327 to chapter 328 by

  2         ch. 99-289, Laws of Florida.

  3

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