House Bill 1053

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    Florida House of Representatives - 2000                HB 1053

        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. 370.025, 370.12, 370.13, 373.461,

  4         376.30714, 376.86, 381.0406, 381.734, 381.76,

  5         381.78, 381.79, 393.064, 393.505, 395.1027,

  6         395.404, 395.701, 400.464, 400.471, 400.491,

  7         400.506, 400.805, 400.914, 402.310, 403.086,

  8         403.0872, 403.088, 403.42, 403.518, 403.703,

  9         403.705, 403.706, 403.708, 403.715, 403.718,

10         403.7191, 403.7199, 403.726, 403.788, 403.9415,

11         404.056, 408.05, 408.061, 408.07, 408.08,

12         408.704, 408.7042, 408.904, 409.145, 409.166,

13         409.1685, 409.1757, 409.2355, 409.2564,

14         409.2673, 409.821, 409.905, 409.910, 409.9116,

15         409.912, 409.913, 411.202, 411.242, 413.46,

16         414.065, 414.28, 414.39, 415.102, 415.1055,

17         415.107, 420.0004, 420.102, 420.37, 420.507,

18         420.508, 420.524, 420.525, 420.602, 420.609,

19         420.9072, 420.9073, 421.10, 421.33, 430.502,

20         435.03, 435.04, 440.02, 440.021, 440.14,

21         440.15, 440.185, 440.25, 440.38, 440.385,

22         440.49, 440.51, 443.036, 443.041, 443.111,

23         443.141, 443.151, 443.171, 443.191, 446.22,

24         446.25, 455.01, 455.557, 455.5651, 455.5653,

25         455.5654, 455.621, 458.311, 458.320, 459.0085,

26         459.018, 460.406, 462.09, 462.14, 466.014,

27         467.0135, 468.1655, 468.1695, 468.307, 468.505,

28         468.605, and 468.828, F.S.; and reenacting ss.

29         372.72(1), 415.1102, and 440.191(1), F.S.,

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

31         provisions which have expired, have become

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  1         obsolete, have had their effect, have served

  2         their purpose, or have been impliedly repealed

  3         or superseded; replacing incorrect

  4         cross-references and citations; correcting

  5         grammatical, typographical, and like errors;

  6         removing inconsistencies, redundancies, and

  7         unnecessary repetition in the statutes;

  8         improving the clarity of the statutes and

  9         facilitating their correct interpretation; and

10         confirming the restoration of provisions

11         unintentionally omitted from republication in

12         the acts of the Legislature during the

13         amendatory process.

14

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

16

17         Section 1.  Paragraph (c) of subsection (4) of section

18  370.025, Florida Statutes, is amended to read:

19         370.025  Marine fisheries; policy and standards.--

20         (4)  Pursuant to s. 9, Art. IV of the State

21  Constitution, the commission has full constitutional

22  rulemaking authority over marine life, and listed species as

23  defined in s. 372.072(3), except for:

24         (c)  Marine aquaculture products produced by an

25  individual certified under s. 597.004. This exception does not

26  apply to snook, prohibited and restricted marine species

27  identified by rule of the commission, and rulemaking authority

28  granted pursuant to s. 370.027 370.027(4).

29

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

31         deletion of the subunit designation of the

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  1         material remaining in s. 370.027 following the

  2         repeal of s. 370.027(1), (2), and (3) by s. 40,

  3         ch. 99-245, Laws of Florida.

  4

  5         Section 2.  Paragraph (r) of subsection (2) of section

  6  370.12, Florida Statutes, is amended to read:

  7         370.12  Marine animals; regulation.--

  8         (2)  PROTECTION OF MANATEES OR SEA COWS.--

  9         (r)  Except as otherwise provided in this paragraph,

10  any person violating the provisions of this subsection or any

11  rule or ordinance adopted pursuant to this subsection shall be

12  guilty of a misdemeanor, punishable as provided in s.

13  370.021(1)(a) or (b) 370.021(2)(a) or (b).

14         1.  Any person operating a vessel in excess of a posted

15  speed limit shall be guilty of a civil infraction, punishable

16  as provided in s. 327.73, except as provided in subparagraph

17  2.

18         2.  This paragraph does not apply to persons violating

19  restrictions governing "No Entry" zones or "Motorboat

20  Prohibited" zones, who, if convicted, shall be guilty of a

21  misdemeanor, punishable as provided in s. 370.021(1)(a) or (b)

22  370.021(2)(a) or (b), or, if such violation demonstrates

23  blatant or willful action, may be found guilty of harassment

24  as described in paragraph (d).

25

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

27         redesignation of s. 370.021(2) as s. 370.021(1)

28         by s. 95, ch. 99-245, Laws of Florida.

29

30         Section 3.  Subsection (7) of section 370.13, Florida

31  Statutes, is amended to read:

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  1         370.13  Stone crab; regulation.--

  2         (7)  Beginning October 1995, Stone crabs shall be

  3  designated as a restricted species pursuant to s. 370.01(21)

  4  370.01(20).

  5

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

  7         that has served its purpose and to conform to

  8         the redesignation of s. 370.01(20) as s.

  9         370.01(21) by s. 94, ch. 99-245, Laws of

10         Florida.

11

12         Section 4.  Subsection (1) of section 372.72, Florida

13  Statutes, is reenacted to read:

14         372.72  Disposition of fines, penalties, and

15  forfeitures.--

16         (1)  All moneys collected from fines, penalties, or

17  forfeitures of bail of persons convicted under this chapter

18  shall be deposited in the fine and forfeiture fund of the

19  county where such convictions are had, except for the

20  disposition of moneys as provided in subsection (2).

21

22         Reviser's note.--Section 156, ch. 99-245, Laws

23         of Florida, purported to amend entire s.

24         372.72, but failed to publish subsection (1).

25         In the absence of affirmative evidence that the

26         Legislature intended to repeal subsection (1),

27         coupled with the fact that the amendment by s.

28         156, ch. 99-245, affirmatively evidences an

29         intent to preserve the existing subsection

30         structure of s. 372.72, subsection (1) is

31

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  1         reenacted to confirm that the omission was not

  2         intended.

  3

  4         Section 5.  Paragraph (f) of subsection (5) of section

  5  373.461, Florida Statutes, is amended to read:

  6         373.461  Lake Apopka improvement and management.--

  7         (5)  PURCHASE OF AGRICULTURAL LANDS.--

  8         (f)1.  Tangible personal property acquired by the

  9  district as part of related facilities pursuant to this

10  section, and classified as surplus by the district, shall be

11  sold by the Department of Management Services. The Department

12  of Management Services shall deposit the proceeds of such sale

13  in the Economic Development Trust Fund in the Executive Office

14  of the Governor. The proceeds shall be used for the purpose of

15  providing economic and infrastructure development in portions

16  of northwestern Orange County and east central Lake County

17  which will be adversely affected economically due to the

18  acquisition of lands pursuant to this subsection.

19         2.  The Office of Tourism, Trade, and Economic

20  Development shall, upon presentation of the appropriate

21  documentation justifying expenditure of the funds deposited

22  pursuant to this paragraph, pay any obligation for which it

23  has sufficient funds from the proceeds of the sale of tangible

24  personal property and which meets the limitations specified in

25  paragraph (g) (h). The authority of the Office of Tourism,

26  Trade, and Economic Development to expend such funds shall

27  expire 5 years from the effective date of this paragraph. Such

28  expenditures may occur without future appropriation from the

29  Legislature.

30

31

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  1         3.  Funds deposited under this paragraph may not be

  2  used for any purpose other than those enumerated in paragraph

  3  (g) (h).

  4

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

  6         redesignation of paragraph (5)(h) as paragraph

  7         (5)(g) following the deletion of proposed

  8         paragraph (5)(g) from 1997 Committee Substitute

  9         for Senate Bill 1486, which became ch. 97-81,

10         Laws of Florida, by House Amendment 1; see

11         Journal of the House of Representatives 1997,

12         p. 1048.

13

14         Section 6.  Paragraph (b) of subsection (1) of section

15  376.30714, Florida Statutes, is amended to read:

16         376.30714  Site rehabilitation agreements.--

17         (1)  In addition to the legislative findings provided

18  in s. 376.3071, the Legislature finds and declares:

19         (b)  While compliance with the department's rules

20  pertaining to storage tank systems is expected to

21  significantly diminish the occurrence and extent of discharges

22  of petroleum products from petroleum storage systems,

23  discharges from these systems and discharges at sites with

24  existing contamination which have been determined to be

25  eligible for state-funded cleanup may still occur. In some

26  cases, it may be difficult to distinguish between discharges

27  that have been determined to be eligible for state funding and

28  from those discharges reported after December 31, 1998, which

29  are not eligible for state funding.

30

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

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  1         Section 7.  Subsection (2) of section 376.86, Florida

  2  Statutes, is amended to read:

  3         376.86  Brownfield Areas Loan Guarantee Program.--

  4         (2)  The council shall consist of the secretary of the

  5  Department of Environmental Protection or the secretary's

  6  designee, the secretary of the Department of Community Affairs

  7  or the secretary's designee, the Executive Director of the

  8  State Board of Administration or the executive director's

  9  designee, the Executive Director of the Florida Housing

10  Finance Corporation Agency or the executive director's

11  designee, and the Director of the Governor's Office of

12  Tourism, Trade, and Economic Development or the director's

13  designee. The chairperson of the council shall be the Director

14  of the Governor's Office of Tourism, Trade, and Economic

15  Development. Staff services for activities of the council

16  shall be provided as needed by the member agencies.

17

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

19         replacement of the Florida Housing Finance

20         Agency by the Florida Housing Finance

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

22         of Florida.

23

24         Section 8.  Subsection (13) of section 381.0406,

25  Florida Statutes, is amended to read:

26         381.0406  Rural health networks.--

27         (13)  TRAUMA SERVICES.--In those network areas which

28  have an established trauma agency approved by the Department

29  of Health, that trauma agency must be a participant in the

30  network. Trauma services provided within the network area must

31  comply with s. 395.405 395.037.

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

  2         transfer of s. 395.037 to s. 395.405 by s. 43,

  3         ch. 92-289, Laws of Florida.

  4

  5         Section 9.  Subsection (2) of section 381.734, Florida

  6  Statutes, is amended to read:

  7         381.734  Healthy Communities, Healthy People Program.--

  8         (2)  The department shall consolidate and use existing

  9  resources, programs, and program data to develop this program,

10  to avoid duplication of efforts or services.  Such resources,

11  programs, and program data shall include, but not be limited

12  to, s. 381.103, the comprehensive health improvement project

13  under s. 385.103, and the comprehensive public health plan,

14  public information, and statewide injury control plan under s.

15  381.0011(3), (8), and (12).

16

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

18         interpretation. At the time the reference to s.

19         381.103 was enacted by s. 109, ch. 92-33, Laws

20         of Florida, no such section existed.

21         Subsequently, a s. 381.103 was created by s.

22         12, ch. 99-356, Laws of Florida.

23

24         Section 10.  Paragraph (a) of subsection (1) of section

25  381.76, Florida Statutes, is amended to read:

26         381.76  Eligibility for the brain and spinal cord

27  injury program.--

28         (1)  An individual shall be accepted as eligible for

29  the brain and spinal cord injury program following

30  certification by the department that the individual:

31

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  1         (a)  Has been referred to the central registry pursuant

  2  to s. 381.74 413.48.

  3

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

  5         transfer of s. 413.48 to s. 381.74 by s. 18,

  6         ch. 99-240, Laws of Florida.

  7

  8         Section 11.  Subsection (4) of section 381.78, Florida

  9  Statutes, is amended to read:

10         381.78  Advisory council on brain and spinal cord

11  injuries.--

12         (4)  The council shall:

13         (a)  Provide advice and expertise to the division in

14  the preparation, implementation, and periodic review of the

15  brain and spinal cord injury program as referenced in s.

16  381.75 413.49.

17         (b)  Annually appoint a five-member committee composed

18  of one person who has a brain injury or has a family member

19  with a brain injury, one person who has a spinal cord injury

20  or has a family member with a spinal cord injury, and three

21  members who shall be chosen from among these representative

22  groups: physicians, other allied health professionals,

23  administrators of brain and spinal cord injury programs, and

24  representatives from support groups with expertise in areas

25  related to the rehabilitation of persons who have brain or

26  spinal cord injuries, except that one and only one member of

27  the committee shall be an administrator of a transitional

28  living facility. Membership on the council is not a

29  prerequisite for membership on this committee.

30         1.  The committee shall perform onsite visits to those

31  transitional living facilities identified by the Agency for

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  1  Health Care Administration as being in possible violation of

  2  the statutes and rules regulating such facilities. The

  3  committee members have the same rights of entry and inspection

  4  granted under s. 400.805(8) 400.805(7) to designated

  5  representatives of the agency.

  6         2.  Factual findings of the committee resulting from an

  7  onsite investigation of a facility pursuant to subparagraph 1.

  8  shall be adopted by the agency in developing its

  9  administrative response regarding enforcement of statutes and

10  rules regulating the operation of the facility.

11         3.  Onsite investigations by the committee shall be

12  funded by the Health Care Trust Fund.

13         4.  Travel expenses for committee members shall be

14  reimbursed in accordance with s. 112.061. Members of the

15  committee shall recuse themselves from participating in any

16  investigation that would create a conflict of interest under

17  state law, and the council shall replace the member, either

18  temporarily or permanently.

19

20         Reviser's note.--Paragraph (4)(a) is amended to

21         conform to the transfer of s. 413.49 to s.

22         381.75 by s. 19, ch. 99-240, Laws of Florida.

23         Paragraph (4)(b) is amended to conform to the

24         redesignation of s. 400.805(7) as s. 400.805(8)

25         by the reviser incident to compiling the 1998

26         Supplement to the Florida Statutes 1997.

27

28         Section 12.  Subsection (1) of section 381.79, Florida

29  Statutes, is amended to read:

30         381.79  Brain and Spinal Cord Injury Rehabilitation

31  Trust Fund.--

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  1         (1)  There is created in the State Treasury the Brain

  2  and Spinal Cord Injury Rehabilitation Trust Fund. Moneys in

  3  the fund shall be appropriated to the department for the

  4  purpose of providing the cost of care for brain or spinal cord

  5  injuries as a payor of last resort to residents of this state,

  6  for multilevel programs of care established pursuant to s.

  7  381.75 413.49.

  8         (a)  Authorization of expenditures for brain or spinal

  9  cord injury care shall be made only by the department.

10         (b)  Authorized expenditures include acute care,

11  rehabilitation, transitional living, equipment, and supplies

12  necessary for activities of daily living, public information,

13  prevention, education, and research.

14

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

16         transfer of s. 413.49 to s. 381.75 by s. 19,

17         ch. 99-240, Laws of Florida.

18

19         Section 13.  Subsection (2) of section 393.064, Florida

20  Statutes, is amended to read:

21         393.064  Prevention.--

22         (2)  Prevention services provided by the developmental

23  services program include services to high-risk and

24  developmentally disabled children from birth to 5 years of

25  age, and their families, to meet the intent of chapter 411.

26  Such services shall include individual evaluations or

27  assessments necessary to diagnose a developmental disability

28  or high-risk condition and to determine appropriate individual

29  family and support services, unless evaluations or assessments

30  are the responsibility of the Division of Children's Medical

31  Services Prevention and Intervention for children ages birth

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  1  to 3 years eligible for services under this chapter or part H

  2  of the Individuals with Disabilities Education Act, and may

  3  include:

  4         (a)  Early intervention services, including

  5  developmental training and specialized therapies. Early

  6  intervention services, which are the responsibility of the

  7  Division of Children's Medical Services Prevention and

  8  Intervention for children ages birth to 3 years who are

  9  eligible for services under this chapter or under part H of

10  the Individuals with Disabilities Education Act, shall not be

11  provided through the developmental services program unless

12  funding is specifically appropriated to the developmental

13  services program for this purpose.

14         (b)  Support services, such as respite care, parent

15  education and training, parent-to-parent counseling, homemaker

16  services, and other services which allow families to maintain

17  and provide quality care to children in their homes. The

18  Division of Children's Medical Services Prevention and

19  Intervention is responsible for the provision of services to

20  children from birth to 3 years who are eligible for services

21  under this chapter.

22

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

24         reorganization of divisions of the Department

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

26

27         Section 14.  Section 393.505, Florida Statutes, is

28  amended to read:

29         393.505  Comprehensive day treatment services;

30  demonstration projects.--The Department of Children and Family

31  Services Families is authorized to initiate projects to

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  1  demonstrate the effectiveness of comprehensive day treatment

  2  service to the developmentally disabled to remain in their

  3  homes and/or communities.

  4

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

  6         official title of the department pursuant to s.

  7         20.19.

  8

  9         Section 15.  Subsections (1) and (3) of section

10  395.1027, Florida Statutes, are amended to read:

11         395.1027  Regional poison control centers.--

12         (1)  There shall be created three accredited regional

13  poison control centers, one each in the north, central, and

14  southern regions of the state. Each regional poison control

15  center shall be affiliated with and physically located in a

16  certified Level I trauma center.  Each regional poison control

17  center shall be affiliated with an accredited medical school

18  or college of pharmacy.  The regional poison control centers

19  shall be coordinated under the aegis of the Division of

20  Children's Medical Services Prevention and Intervention in the

21  department.

22         (3)  The Legislature hereby finds and declares that it

23  is in the public interest to shorten the time required for a

24  citizen to request and receive directly from designated

25  regional poison control centers telephonic management advice

26  for acute poisoning emergencies. To facilitate rapid and

27  direct access, telephone numbers for designated regional

28  poison control centers shall be given special prominence. The

29  local exchange telecommunications companies shall print

30  immediately below "911" or other emergency calling

31  instructions on the inside front cover of the telephone

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  1  directory the words "Poison Information Center," the logo of

  2  the American Association of Poison Control Centers, and the

  3  telephone number of the local, if applicable, or, if not

  4  local, other toll-free telephone number of the Florida Poison

  5  Information Center Network. This information shall be outlined

  6  and be no less than 1 inch in height by 2 inches in width.

  7  Only those facilities satisfying criteria established in the

  8  current "Criteria for Certification of a Regional Poison

  9  Center" set by the American Association of Poison Control

10  Centers, and the "Standards of the Poison Information Center

11  Program" initiated by the Division of Children's Medical

12  Services Prevention and Intervention of the Department of

13  Health shall be permitted to list such facility as a poison

14  information center, poison control center, or poison center.

15  Those centers under a developmental phase-in plan shall be

16  given 2 years from the date of initial 24-hour service

17  implementation to comply with the aforementioned criteria and,

18  as such, will be permitted to be listed as a poison

19  information center, poison control center, or poison center

20  during that allotted time period.

21

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

23         reorganization of divisions of the Department

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

25

26         Section 16.  Subsection (2) of section 395.404, Florida

27  Statutes, is amended to read:

28         395.404  Review of trauma registry data;

29  confidentiality and limited release.--

30         (2)  Notwithstanding the provisions of s. 381.74

31  413.48, each trauma center and acute care hospital shall

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  1  submit severe disability and head-injury registry data to the

  2  department as provided by rule in lieu of submitting such

  3  registry information to the Department of Labor and Employment

  4  Security. Each trauma center and acute care hospital shall

  5  continue to provide initial notification of persons who have

  6  severe disabilities and head injuries to the Department of

  7  Labor and Employment Security within timeframes provided in

  8  chapter 413. Such initial notification shall be made in the

  9  manner prescribed by the Department of Labor and Employment

10  Security for the purpose of providing timely vocational

11  rehabilitation services to the severely disabled or

12  head-injured person.

13

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

15         transfer of s. 413.48 to s. 381.74 by s. 18,

16         ch. 99-240, Laws of Florida.

17

18         Section 17.  Paragraph (c) of subsection (1) of section

19  395.701, Florida Statutes, is amended to read:

20         395.701  Annual assessments on net operating revenues

21  to fund public medical assistance; administrative fines for

22  failure to pay assessments when due; exemption.--

23         (1)  For the purposes of this section, the term:

24         (c)  "Hospital" means a health care institution as

25  defined in s. 395.002(13) 395.002(11), but does not include

26  any hospital operated by the agency or the Department of

27  Corrections.

28

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

30         that the term "hospital" was defined in s.

31         395.002(12) in the Florida Statutes 1997 and

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  1         the redesignation of s. 395.002(12) as s.

  2         395.002(13) by the reviser incident to the

  3         compilation of the 1998 Supplement to the

  4         Florida Statutes 1997.

  5

  6         Section 18.  Paragraph (b) of subsection (6) of section

  7  400.464, Florida Statutes, is amended to read:

  8         400.464  Home health agencies to be licensed;

  9  expiration of license; exemptions; unlawful acts; penalties.--

10         (6)  The following are exempt from the licensure

11  requirements of this part:

12         (b)  Home health services provided by a state agency,

13  either directly or through a contractor with:

14         1.  The Department of Elderly Affairs.

15         2.  The Department of Health, a community health

16  center, or a rural health network that furnishes home visits

17  for the purpose of providing environmental assessments, case

18  management, health education, personal care services, family

19  planning, or followup treatment, or for the purpose of

20  monitoring and tracking disease.

21         3.  Services provided to persons who have developmental

22  disabilities, as defined in s. 393.063(11).

23         4.  Companion and sitter organizations that were

24  registered under s. 400.509(1) 440.509(1) on January 1, 1999,

25  and were authorized to provide personal services under s.

26  393.063(35) under a developmental services provider

27  certificate on January 1, 1999, may continue to provide such

28  services to past, present, and future clients of the

29  organization who need such services, notwithstanding the

30  provisions of this act.

31         5.  The Department of Children and Family Services.

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

  2         interpretation. The referenced s. 440.509(1)

  3         does not exist; s. 400.509(1) relates to

  4         registration of companion and sitter

  5         organizations.

  6

  7         Section 19.  Subsection (2) of section 400.471, Florida

  8  Statutes, is amended to read:

  9         400.471  Application for license; fee; provisional

10  license; temporary permit.--

11         (2)  The applicant must file with the application

12  satisfactory proof that the home health agency is in

13  compliance with this part and applicable rules, including:

14         (a)  A listing of services to be provided, either

15  directly by the applicant or through contractual arrangements

16  with existing providers;

17         (b)  The number and discipline of professional staff to

18  be employed; and

19         (c)  Proof of financial ability to operate.

20

21  If the applicant has applied for a certificate of need under

22  ss. 408.031-408.045 408.0331-408.045 within the preceding 12

23  months, the applicant may submit the proof required during the

24  certificate-of-need process along with an attestation that

25  there has been no substantial change in the facts and

26  circumstances underlying the original submission.

27

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

29         interpretation. The referenced s. 408.0331 does

30         not exist; ss. 408.031-408.045 comprise the

31         Health Facility and Services Development Act.

                                  17

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  1         Section 20.  Subsection (1) of section 400.491, Florida

  2  Statutes, is amended to read:

  3         400.491  Clinical records.--

  4         (1)  The home health agency must maintain for each

  5  patient who receives skilled care a clinical record that

  6  includes pertinent past and current medical, nursing, social

  7  and other therapeutic information, the treatment orders, and

  8  other such information as is necessary for the safe and

  9  adequate care of the patient.  When home health services are

10  terminated, the record must show the date and reason for

11  termination.  Such records are considered patient records

12  under s. 455.667 455.241, and must be maintained by the home

13  health agency for 5 years following termination of services.

14  If a patient transfers to another home health agency, a copy

15  of his or her record must be provided to the other home health

16  agency upon request.

17

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

19         transfer of s. 455.241 to s. 455.667 by s. 82,

20         ch. 97-261, Laws of Florida.

21

22         Section 21.  Subsection (13) of section 400.506,

23  Florida Statutes, is amended to read:

24         400.506  Licensure of nurse registries; requirements;

25  penalties.--

26         (13)  Each nurse registry must comply with the

27  procedures set forth in s. 400.497(2) 400.497(3) for

28  maintaining records of the employment history of all persons

29  referred for contract and is subject to the standards and

30  conditions set forth in s. 400.512. However, an initial

31  screening may not be required for persons who have been

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  1  continuously registered with the nurse registry since

  2  September 30, 1990.

  3

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

  5         redesignation of s. 400.497(3) as s. 400.497(2)

  6         by s. 9, ch. 99-332, Laws of Florida.

  7

  8         Section 22.  Paragraph (c) of subsection (2) and

  9  paragraph (b) of subsection (6) of section 400.805, Florida

10  Statutes, are amended to read:

11         400.805  Transitional living facilities.--

12         (2)

13         (c)  The agency may not issue a license to an applicant

14  until the agency receives notice from the department as

15  provided in paragraph (6)(b) (5)(b).

16         (6)

17         (b)  The department shall adopt rules in consultation

18  with the agency governing the services provided to clients of

19  transitional living facilities. The department shall enforce

20  all requirements for providing services to the facility's

21  clients.  The department must notify the agency when it

22  determines that an applicant for licensure meets the service

23  requirements adopted by the department division.

24

25         Reviser's note.--Paragraph (2)(c) is amended to

26         conform to the redesignation of paragraph

27         (5)(b) as paragraph (6)(b) by s. 60, ch.

28         98-171, Laws of Florida. Paragraph (6)(b) is

29         amended to conform to the substitution by s.

30         16, ch. 99-240, Laws of Florida, of the term

31         "department" for the term "division" in all

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  1         other locations within s. 400.805, including

  2         the definition of "division."

  3

  4         Section 23.  Subsection (1) of section 400.914, Florida

  5  Statutes, is amended to read:

  6         400.914  Rules establishing standards.--

  7         (1)  Pursuant to the intention of the Legislature to

  8  provide safe and sanitary facilities and healthful programs,

  9  the agency in conjunction with the Division of Children's

10  Medical Services Prevention and Intervention of the Department

11  of Health shall adopt and publish rules to implement the

12  provisions of this part, which shall include reasonable and

13  fair standards. Any conflict between these standards and those

14  that may be set forth in local, county, or city ordinances

15  shall be resolved in favor of those having statewide effect.

16  Such standards shall relate to:

17         (a)  The assurance that PPEC services are family

18  centered and provide individualized medical, developmental,

19  and family training services.

20         (b)  The maintenance of PPEC centers, not in conflict

21  with the provisions of chapter 553 and based upon the size of

22  the structure and number of children, relating to plumbing,

23  heating, lighting, ventilation, and other building conditions,

24  including adequate space, which will ensure the health,

25  safety, comfort, and protection from fire of the children

26  served.

27         (c)  The appropriate provisions of the most recent

28  edition of the "Life Safety Code" (NFPA-101) shall be applied.

29         (d)  The number and qualifications of all personnel who

30  have responsibility for the care of the children served.

31

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  1         (e)  All sanitary conditions within the PPEC center and

  2  its surroundings, including water supply, sewage disposal,

  3  food handling, and general hygiene, and maintenance thereof,

  4  which will ensure the health and comfort of children served.

  5         (f)  Programs and basic services promoting and

  6  maintaining the health and development of the children served

  7  and meeting the training needs of the children's legal

  8  guardians.

  9         (g)  Supportive, contracted, other operational, and

10  transportation services.

11         (h)  Maintenance of appropriate medical records, data,

12  and information relative to the children and programs.  Such

13  records shall be maintained in the facility for inspection by

14  the agency.

15

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

17         reorganization of divisions of the Department

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

19

20         Section 24.  Paragraph (b) of subsection (1) of section

21  402.310, Florida Statutes, is amended to read:

22         402.310  Disciplinary actions; hearings upon denial,

23  suspension, or revocation of license; administrative fines.--

24         (1)

25         (b)  In determining the appropriate disciplinary action

26  to be taken for a violation as provided in paragraph (a), the

27  following factors shall be considered:

28         1.  The severity of the violation, including the

29  probability that death or serious harm to the health or safety

30  of any person will result or has resulted, the severity of the

31  actual or potential harm, and the extent to which the

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  1  provisions of ss. 402.301-402.319 this part have been

  2  violated.

  3         2.  Actions taken by the licensee to correct the

  4  violation or to remedy complaints.

  5         3.  Any previous violations of the licensee.

  6

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

  8         facilitate correct interpretation. Chapter 402

  9         is not divided into parts; s. 402.310(1)(a)

10         indicates that the section relates to

11         violations of ss. 402.301-402.319.

12

13         Section 25.  Subsection (6) of section 403.086, Florida

14  Statutes, is amended to read:

15         403.086  Sewage disposal facilities; advanced and

16  secondary waste treatment.--

17         (6)  As of July 10, 1987, Any facility covered in

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

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

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

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

22  law until October 1, 1990. On and after October 1, 1990, All

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

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

25  and (5).

26

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

28         that have served their purpose.

29

30         Section 26.  Subsection (11) of section 403.0872,

31  Florida Statutes, is amended to read:

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  1         403.0872  Operation permits for major sources of air

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

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

  4  received from the United States Environmental Protection

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

  6  pollution, including electrical power plants certified under

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

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

  9  which is the only department operation permit for a major

10  source of air pollution required for such source. Operation

11  permits for major sources of air pollution, except general

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

13  accordance with the following procedures and in accordance

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

15  inconsistent with the provisions of this section, the

16  procedures contained in this section prevail:

17         (11)  Commencing in 1993, Each major source of air

18  pollution permitted to operate in this state must pay between

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

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

21  determined by department rule. The annual operation license

22  fee shall be terminated immediately in the event the United

23  States Environmental Protection Agency imposes annual fees

24  solely to implement and administer the major source

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

26  70.10(d).

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

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

29  multiplying the applicable annual operation license fee factor

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

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

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

  2  times the annual hours of operation allowed by permit

  3  condition; provided, however, that:

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

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

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

  7  department rule which ensures that the revenue provided by

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

  9  reasonable direct and indirect costs of the major stationary

10  source air-operation permit program established by this

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

12  only if the secretary of the department affirmatively finds

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

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

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

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

17  recognized accounting firm to conduct a study to determine the

18  reasonable revenue requirements necessary to support the

19  development and administration of the major source

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

21  The results of that determination must be considered in

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

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

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

25  the President of the Senate, the Speaker of the House of

26  Representatives, and the Public Service Commission, including

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

28  1994.

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

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

31  fee calculation must be based upon actual hours of operation

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

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

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

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

  5  calculation must be based on the emissions limit applicable

  6  during actual hours of operation.

  7         3.  For any source whose allowable emission limitation

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

  9  input or product output, the applicable input or production

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

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

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

13  documented, the maximum allowable input or production amount

14  specified in the permit must be used to calculate the

15  allowable emissions.

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

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

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

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

20  operate.

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

22  pollutant than allowed by permit condition, the annual fee

23  calculation for such pollutant must be based upon actual

24  emissions rather than allowable emissions if the owner or

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

26  data from a department-approved certified continuous emissions

27  monitor or from an emissions monitoring method which has been

28  approved by the United States Environmental Protection Agency

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

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

31  this section.

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  1         6.  The amount of each regulated air pollutant in

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

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

  4  as described in the Standard Industrial Classification Manual,

  5  1987, may not be included in the calculation of the fee. Any

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

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

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

  9  licensing fee for the prorated portion of existing

10  air-operation permit application fees remaining upon

11  commencement of the annual licensing fees.

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

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

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

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

16  calendar year, commencing with calendar year 1997, the

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

18  50 percent of the amount of the fee, plus interest on such

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

20  may not impose such penalty or interest on any amount

21  underpaid, provided that the permittee has timely remitted

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

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

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

25  collection of underpayment and shall not be required to refund

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

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

28  major air pollution source operation permit if it finds that

29  the permitholder has failed to timely pay any required annual

30  operation license fee, penalty, or interest.

31

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

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

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

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

  5         9.  Notwithstanding the computational provisions of

  6  this subsection, the annual operation license fee for any

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

  8  except that the annual operation license fee for sources

  9  permitted solely through general permits issued under s.

10  403.814 shall not exceed $50 per year.

11         10.  Notwithstanding the provisions of s.

12  403.087(6)(a)4.a., authorizing air pollution construction

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

14  changes or additions to a major source of air pollution

15  permitted pursuant to this section, unless the activity

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

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

18  Costs to issue and administer such permits shall be considered

19  direct and indirect costs of the major stationary source

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

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

22  403.087(6)(a)4.a. for the construction of a new major source

23  of air pollution that will be subject to the permitting

24  requirements of this section once constructed and for

25  activities triggering permitting requirements under Title I,

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

27  7470-7514a.

28         (b)  Annual operation license fees collected by the

29  department must be sufficient to cover all reasonable direct

30  and indirect costs required to develop and administer the

31  major stationary source air-operation permit program, which

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  1  shall consist of the following elements to the extent that

  2  they are reasonably related to the regulation of major

  3  stationary air pollution sources, in accordance with United

  4  States Environmental Protection Agency regulations and

  5  guidelines:

  6         1.  Reviewing and acting upon any application for such

  7  a permit.

  8         2.  Implementing and enforcing the terms and conditions

  9  of any such permit, excluding court costs or other costs

10  associated with any enforcement action.

11         3.  Emissions and ambient monitoring.

12         4.  Preparing generally applicable regulations or

13  guidance.

14         5.  Modeling, analyses, and demonstrations.

15         6.  Preparing inventories and tracking emissions.

16         7.  Implementing the Small Business Stationary Source

17  Technical and Environmental Compliance Assistance Program.

18         8.  The study conducted under subparagraph (a)1. and

19  Any audits conducted under paragraph (c).

20         (c)  An audit of the major stationary source

21  air-operation permit program must be conducted 2 years after

22  the United States Environmental Protection Agency has given

23  full approval of the program, or by the end of 1996, whichever

24  comes later, to ascertain whether the annual operation license

25  fees collected by the department are used solely to support

26  any reasonable direct and indirect costs as listed in

27  paragraph (b). A program audit must be performed biennially

28  after the first audit.

29

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

31         that has served its purpose.

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  1         Section 27.  Subsection (1) of section 403.088, Florida

  2  Statutes, is amended to read:

  3         403.088  Water pollution operation permits;

  4  conditions.--

  5         (1)  No person, without written authorization of the

  6  department, shall discharge into waters within the state any

  7  waste which, by itself or in combination with the wastes of

  8  other sources, reduces the quality of the receiving waters

  9  below the classification established for them. However, this

10  section shall not be deemed to prohibit the application of

11  pesticides to waters in the state for the control of insects,

12  aquatic weeds, or algae, provided the application is performed

13  pursuant to a program approved by the Department of Health, in

14  the case of insect control, or the department, in the case of

15  aquatic weed or algae control. The department is directed to

16  enter into interagency agreements to establish the procedures

17  for program approval. Such agreements shall provide for public

18  health, welfare, and safety, as well as environmental factors.

19  Approved programs must provide that only chemicals approved

20  for the particular use by the United States Environmental

21  Protection Agency or by the Department of Agriculture and

22  Consumer Services may be employed and that they be applied in

23  accordance with registered label instructions, state standards

24  for such application, and the provisions of the Florida

25  Pesticide Law, part I of chapter 487.

26

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

28         that chapter 487 is no longer divided into

29         parts following the repeal of the provisions of

30         former part II by s. 21, ch. 99-4, Laws of

31         Florida.

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  1         Section 28.  Paragraph (b) of subsection (3) of section

  2  403.42, Florida Statutes, is amended to read:

  3         403.42  Florida Clean Fuel Act.--

  4         (3)  CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;

  5  MEMBERSHIP; DUTIES AND RESPONSIBILITIES.--

  6         (b)1.  The advisory board shall consist of the

  7  Secretary of Community Affairs, or a designee from that

  8  department, the Secretary of Environmental Protection, or a

  9  designee from that department, the Commissioner Secretary of

10  Education, or a designee from that department, the Secretary

11  of Transportation, or a designee from that department, the

12  Commissioner of Agriculture, or a designee from the Department

13  of Agriculture and Consumer Services, the Secretary of

14  Management Services, or a designee from that department, and a

15  representative of each of the following, who shall be

16  appointed by the Secretary of Community Affairs within 30 days

17  after the effective date of this act:

18         a.  The Florida biodiesel industry.

19         b.  The Florida electric utility industry.

20         c.  The Florida natural gas industry.

21         d.  The Florida propane gas industry.

22         e.  An automobile manufacturers' association.

23         f.  A Florida Clean Cities Coalition designated by the

24  United States Department of Energy.

25         g.  Enterprise Florida, Inc.

26         h.  EV Ready Broward.

27         i.  The Florida petroleum industry.

28         j.  The Florida League of Cities.

29         k.  The Florida Association of Counties.

30         l.  Floridians for Better Transportation.

31         m.  A motor vehicle manufacturer.

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  1         n.  Florida Local Environment Resource Agencies.

  2         o.  Project for an Energy Efficient Florida.

  3         p.  Florida Transportation Builders Association.

  4         2.  The purpose of the advisory board is to serve as a

  5  resource for the department and to provide the Governor, the

  6  Legislature, and the Secretary of Community Affairs with

  7  private sector and other public agency perspectives on

  8  achieving the goal of increasing the use of alternative fuel

  9  vehicles in this state.

10         3.  Members shall be appointed to serve terms of 1 year

11  each, with reappointment at the discretion of the Secretary of

12  Community Affairs. Vacancies shall be filled for the remainder

13  of the unexpired term in the same manner as the original

14  appointment.

15         4.  The board shall annually select a chairperson.

16         5.a.  The board shall meet at least once each quarter

17  or more often at the call of the chairperson or the Secretary

18  of Community Affairs.

19         b.  Meetings are exempt from the notice requirements of

20  chapter 120, and sufficient notice shall be given to afford

21  interested persons reasonable notice under the circumstances.

22         6.  Members of the board are entitled to travel

23  expenses while engaged in the performance of board duties.

24         7.  The board shall terminate 5 years after the

25  effective date of this act.

26

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

28         title of the head of the Department of

29         Education as provided in s. 20.15.

30

31

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  1         Section 29.  Paragraph (a) of subsection (1) of section

  2  403.518, Florida Statutes, is amended to read:

  3         403.518  Fees; disposition.--

  4         (1)  The department shall charge the applicant the

  5  following fees, as appropriate, which shall be paid into the

  6  Florida Permit Fee Trust Fund:

  7         (a)  A fee for a notice of intent pursuant to s.

  8  403.5063 403.5065, in the amount of $2,500, to be submitted to

  9  the department at the time of filing of a notice of intent.

10  The notice-of-intent fee shall be used and disbursed in the

11  same manner as the application fee.

12

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

14         facilitate correct interpretation. Section

15         403.5065 does not reference a notice of intent;

16         notice of intent is covered in s. 403.5063.

17

18         Section 30.  Paragraph (b) of subsection (17) of

19  section 403.703, Florida Statutes, is amended to read:

20         403.703  Definitions.--As used in this act, unless the

21  context clearly indicates otherwise, the term:

22         (17)  "Construction and demolition debris" means

23  discarded materials generally considered to be not

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

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

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

27  construction or destruction of a structure as part of a

28  construction or demolition project or from the renovation of a

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

30  and other vegetative matter that normally results from land

31  clearing or land development operations for a construction

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  1  project, including such debris from construction of structures

  2  at a site remote from the construction or demolition project

  3  site. Mixing of construction and demolition debris with other

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

  5  than construction and demolition debris. The term also

  6  includes:

  7         (b)  Effective January 1, 1997, Except as provided in

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

  9  scraps from facilities manufacturing materials used for

10  construction of structures or their components and unpainted,

11  nontreated wood pallets provided the wood scraps and pallets

12  are separated from other solid waste where generated and the

13  generator of such wood scraps or pallets implements reasonable

14  practices of the generating industry to minimize the

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

16  and

17

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

19         that has served its purpose and to conform to

20         the redesignation of s. 403.707(13)(j) as s.

21         403.707(12)(j) necessitated by the repeal of

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

23         of Florida.

24

25         Section 31.  Paragraph (f) of subsection (3) of section

26  403.705, Florida Statutes, is amended to read:

27         403.705  State solid waste management program.--

28         (3)  The state solid waste management program shall

29  include, at a minimum:

30         (f)  Planning guidelines and technical assistance to

31  counties and municipalities to develop and implement programs

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  1  for alternative disposal or processing or recycling of the

  2  solid wastes prohibited from disposal in landfills under s.

  3  403.708(13) 403.708(15) and for special wastes.

  4

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

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

  7         403.708(13) necessitated by the deletion of

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

  9         Laws of Florida, and the further redesignation

10         of subunits necessitated by the deletion of

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

12         of Florida.

13

14         Section 32.  Subsection (1) and paragraph (b) of

15  subsection (4) of section 403.706, Florida Statutes, are

16  amended to read:

17         403.706  Local government solid waste

18  responsibilities.--

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

20  responsibility and power to provide for the operation of solid

21  waste disposal facilities to meet the needs of all

22  incorporated and unincorporated areas of the county.  Unless

23  otherwise approved by an interlocal agreement or special act,

24  municipalities may not operate solid waste disposal facilities

25  unless a municipality demonstrates by a preponderance of the

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

27  compared to alternatives proposed by the municipality, places

28  a significantly higher and disproportionate financial burden

29  on the citizens of the municipality when compared to the

30  financial burden placed on persons residing within the county

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

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  1  construct and operate a resource recovery facility and related

  2  onsite solid waste disposal facilities without an interlocal

  3  agreement with the county if the municipality can demonstrate

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

  5  facility will not significantly impair financial commitments

  6  made by the county with respect to solid waste management

  7  services and facilities or result in significantly increased

  8  solid waste management costs to the remaining persons residing

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

10  facility.  This section shall not prevent a municipality from

11  continuing to operate or use an existing disposal facility

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

13  which establishes a solid waste disposal facility under this

14  subsection and subsequently abandons such facility shall be

15  responsible for the payment of any capital expansion necessary

16  to accommodate the municipality's solid waste for the

17  remaining projected useful life of the county disposal

18  facility. Pursuant to this section and notwithstanding any

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

20  and authority to adopt ordinances governing the disposal of

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

22  solid waste disposal facility.  In accordance with this

23  section, municipalities are responsible for collecting and

24  transporting solid waste from their jurisdictions to a solid

25  waste disposal facility operated by a county or operated under

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

27  for the handling and disposal of solid waste at their

28  facilities.  The fees charged to municipalities at a solid

29  waste management facility specified by the county shall not be

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

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

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  1  management fees collected on a countywide basis shall be used

  2  to fund solid waste management services provided countywide.

  3         (4)

  4         (b)  Notwithstanding the limitation on the waste

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

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

  7  combination of the following:

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

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

10  facilities.

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

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

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

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

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

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

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

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

19  demonstrate that:

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

21  composting program, and

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

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

24  county-owned or maintained and municipally owned or maintained

25  facilities in the county and state agencies operating in the

26  county as required by this section.

27

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

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

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

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

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  1         Laws of Florida. Paragraph (4)(b) is amended to

  2         correct an apparent error and facilitate

  3         correct interpretation. The term

  4         "waste-to-energy facility" is defined in s.

  5         403.7061(4); the term does not appear in s.

  6         403.7895. The reference to s. 403.7895 was

  7         originally cited as "section 57 of this act" by

  8         s. 15 of C.S. for H.B. 461, 1993, which became

  9         ch. 93-207. Section 57 became s. 403.7895.

10         Section 403.7061 was in s. 57 of the bill as it

11         appeared in a House amendment; a section of

12         that amendment was subsequently deleted without

13         updating the reference to conform.

14

15         Section 33.  Subsections (3), (4), (5), and (6) of

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

17         403.708  Prohibition; penalty.--

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

19  (2), (3), (10), and (11):

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

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

22  decomposing to components other than heavy metals or other

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

24  outdoor elements.

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

26  mineral water, or other nonalcoholic carbonated drinks; soft

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

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

29  a mixed spirit drink.

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

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

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

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

  3  thereof.

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

  5  the Department of Business and Professional Regulation may

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

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

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

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

10  such violation occurs shall constitute a separate and distinct

11  offense and shall be subject to a separate fine.

12         (5)  The Department of Agriculture and Consumer

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

14  not currently licensed pursuant to s. 561.14 for each

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

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

17  during which such violation occurs shall constitute a separate

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

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

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

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

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

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

24  of the division for inspection and enforcement of the

25  provisions of this section. The balance of fines collected

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

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

28  Agriculture and Consumer Services for inspection and

29  enforcement of the provisions of this section.

30

31

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

  2         conform to the repeal of former s. 403.708(3)

  3         by s. 1, ch. 97-23, Laws of Florida, and to

  4         conform to the redesignation of subsections

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

  6         necessitated by the repeal of former subsection

  7         (3). Subsections (4) and (5) are amended to

  8         conform to the repeal of former subsection (3).

  9         Subsection (6) is amended to conform to the

10         redesignation of subsections (5) and (6) as

11         subsections (4) and (5), respectively, to

12         conform to the repeal of former subsection (3).

13

14         Section 34.  Section 403.715, Florida Statutes, is

15  amended to read:

16         403.715  Certification of resource recovery or

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

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

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

20  examination and certification of resource recovery or

21  recycling equipment. Application for certification of

22  equipment shall be submitted to the department on forms

23  prescribed by it which include such pertinent information as

24  the department may require.  The department may require

25  appropriate certification by a certified public accountant or

26  professional engineer that the equipment for which this

27  exemption is these exemptions are being sought complies with

28  the exemption criterion criteria set forth in s. 212.08(7)(p)

29  212.08(5)(e) and (7)(p). Within 30 days after receipt of an

30  application by the department, a representative of the

31  department may inspect the equipment. Within 30 days after

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  1  such inspection, the department shall issue a written decision

  2  granting or denying certification.

  3

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

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

  6         92-173, Laws of Florida.

  7

  8         Section 35.  Subsection (1) of section 403.718, Florida

  9  Statutes, is amended to read:

10         403.718  Waste tire fees.--

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

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

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

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

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

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

17  fee imposed under this section shall be stated separately on

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

19  thereafter, Such fee shall be imposed at the rate of $1 for

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

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

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

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

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

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

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

27  purpose of resale provided the subsequent retail sale in this

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

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

30  taxes imposed in chapter 212.

31

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

  2         that has served its purpose.

  3

  4         Section 36.  Subsection (5) of section 403.7191,

  5  Florida Statutes, is amended to read:

  6         403.7191  Toxics in packaging.--

  7         (5)  CERTIFICATE OF COMPLIANCE.--As soon as feasible

  8  but not later than July 1, 1994, Each manufacturer or

  9  distributor of a package or packaging component shall provide,

10  if required, to the purchaser of such package or packaging

11  component, a certificate of compliance stating that the

12  package or packaging component is in compliance with the

13  provisions of this section.  If compliance is achieved under

14  any of the exemptions provided in paragraph (4)(b) or

15  paragraph (4)(c), the certificate shall state the specific

16  basis upon which the exemption is claimed.  The certificate of

17  compliance shall be signed by an authorized official of the

18  manufacturing or distributing company.  The manufacturer or

19  distributor shall retain the certificate of compliance for as

20  long as the package or packaging component is in use.  A copy

21  of the certificate of compliance shall be kept on file by the

22  manufacturer or distributor of the package or packaging

23  component for at least 3 years from the date of the last sale

24  or distribution by the manufacturer or distributor.

25  Certificates of compliance, or copies thereof, shall be

26  furnished within 60 days to the department upon the

27  department's request.  If the manufacturer or distributor of

28  the package or packaging component reformulates or creates a

29  new package or packaging component, including a reformulation

30  or creation to meet the maximum levels set forth in subsection

31  (3) paragraph (3)(c), the manufacturer or distributor shall

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  1  provide an amended or new certificate of compliance for the

  2  reformulated or new package or packaging component.

  3

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

  5         that has served its purpose and to conform to

  6         the elimination of paragraph designations from

  7         subsection (3) following the repeal of

  8         paragraphs (3)(a) and (b) by s. 41, ch. 99-5,

  9         Laws of Florida.

10

11         Section 37.  Subsection (3) of section 403.7199,

12  Florida Statutes, is amended to read:

13         403.7199  Florida Packaging Council.--

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

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

16  of the Senate, and the Speaker of the House of

17  Representatives, which summary must contain reports on the

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

19  plastic-coated paper packaging materials.  The summary shall

20  include information for each type of plastic resin identified

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

22  subclassifications of other packaging materials. The reports

23  must attempt to provide specific recommendations and proposed

24  legislation to develop a comprehensive package reduction and

25  market development program, and must contain the following

26  information for each type of packaging material:

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

28  the national recovery rate, and an explanation of any

29  variance.

30

31

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

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

  3  and an explanation of any variance.

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

  5  manufactured from that material in this state to the source

  6  reduction of packages manufactured nationally, and an

  7  explanation of any variance.

  8

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

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

11         necessitated by the repeal of former s.

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

13

14         Section 38.  Subsection (4) of section 403.726, Florida

15  Statutes, is amended to read:

16         403.726  Abatement of imminent hazard caused by

17  hazardous substance.--

18         (4)  The department may implement the provisions of

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

20  a hazardous substance is being generated, transported,

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

22  provisions of law.

23

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

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

26         97-237, Laws of Florida.

27

28         Section 39.  Subsection (1) of section 403.788, Florida

29  Statutes, is amended to read:

30         403.788  Final disposition of application.--

31

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

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

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

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

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

  6  approving the application with such modifications or

  7  conditions as the board deems appropriate, or denying the

  8  issuance of a certification and stating the reasons for

  9  issuance or denial.

10

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

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

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

14         Florida.

15

16         Section 40.  Subsection (4) of section 403.9415,

17  Florida Statutes, is amended to read:

18         403.9415  Final disposition of application.--

19         (4)  In determining whether an application should be

20  approved in whole, approved with modifications or conditions,

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

22  which, the location of the natural gas transmission pipeline

23  corridor and the construction and maintenance of the natural

24  gas transmission pipeline will effect a reasonable balance

25  between the need for the natural gas transmission pipeline as

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

27  the public and the environment resulting from the location of

28  the natural gas transmission pipeline corridor and the

29  construction, operation, and maintenance of the natural gas

30  transmission pipeline.  In effecting this balance, the board

31  shall consider, based on all relevant, competent and

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

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

  3  will:

  4         (a)  Ensure natural gas delivery reliability and

  5  integrity;

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

  7  an orderly and timely fashion;

  8         (c)  Comply with the nonprocedural requirements of

  9  agencies;

10         (d)  Adversely affect historical sites and the natural

11  environment;

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

13  of the residents of the affected local government

14  jurisdictions;

15         (f)  Be consistent with applicable local government

16  comprehensive plans and land development regulations; and

17         (g)  Avoid densely populated areas to the maximum

18  extent feasible.  If densely populated areas cannot be

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

20  existing utility corridors or rights-of-way.

21

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

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

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

25         Florida.

26

27         Section 41.  Paragraph (c) of subsection (2), paragraph

28  (f) of subsection (3), and subsections (4), (5), and (6) of

29  section 404.056, Florida Statutes, are amended to read:

30         404.056  Environmental radiation standards and

31  programs; radon protection.--

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  1         (2)  FLORIDA COORDINATING COUNCIL ON RADON

  2  PROTECTION.--

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

  4  Secretary of Community Affairs or his or her authorized

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

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

  7  shall be responsible for recording and distributing to the

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

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

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

11  semiannually or more frequently as needed. Members of the

12  council shall not receive compensation for their services, but

13  shall be entitled to reimbursement for necessary travel

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

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

16  The establishment of the council shall not impede the

17  initiation of building code research and development.

18         (3)  CERTIFICATION.--

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

20  nonrefundable fees for the certification and annual

21  recertification of persons who perform radon gas or radon

22  progeny measurements or who perform mitigation of buildings

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

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

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

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

27  July 1, 1988, The fee amounts shall be the minimum fee

28  prescribed in this paragraph, and such fee amounts shall

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

30  promulgated by rule by the department.  The fees collected

31  shall be deposited in the Radiation Protection Trust Fund and

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  1  shall be used only to implement the provisions of this

  2  section.  The surcharge established pursuant to s. 553.721

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

  4  in this paragraph in carrying out the provisions of this

  5  subsection.

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

  7  and administer a program designed to educate and inform the

  8  public concerning radon gas and radon progeny, which program

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

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

11  mitigation techniques to reduce exposure to radon.  The

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

13  may be used to supplement the fees established in paragraph

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

15  subsection.

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

17  buildings or school sites housing students in kindergarten

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

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

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

21  which are located in counties designated within the Department

22  of Community Affairs' Florida Radon Protection Map Categories

23  as "Intermediate" or "Elevated Radon Potential" shall be

24  measured to determine the level of indoor radon, using

25  measurement procedures established by the department. Testing

26  shall be completed within the first year of construction in 20

27  percent of the habitable first floor spaces within any of the

28  regulated buildings. Initial measurements shall be completed

29  and reported to the department by July 1 of the year the

30  building is opened for occupancy. Followup testing must be

31  completed in 5 percent of the habitable first floor spaces

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  1  within any of the regulated buildings after the building has

  2  been occupied for 5 years, and results must be reported to the

  3  department by July 1 of the 5th year of occupancy. After radon

  4  measurements have been made twice, regulated buildings need

  5  not undergo further testing unless significant structural

  6  changes occur. Where fill soil is required for the

  7  construction of a regulated building, initial testing of fill

  8  soil must be performed using measurement procedures

  9  established by the department, and the results must be

10  reported to the department prior to construction.  The

11  provisions of paragraph (3)(c) as to confidentiality shall not

12  apply to this subsection.  No funds collected pursuant to s.

13  553.721 subsection (4) shall be used to carry out the

14  provisions of this subsection.

15         (6)  NOTIFICATION ON REAL ESTATE DOCUMENTS.--By January

16  1, 1989, Notification shall be provided on at least one

17  document, form, or application executed at the time of, or

18  prior to, contract for sale and purchase of any building or

19  execution of a rental agreement for any building. Such

20  notification shall contain the following language:

21

22         "RADON GAS: Radon is a naturally occurring radioactive

23  gas that, when it has accumulated in a building in sufficient

24  quantities, may present health risks to persons who are

25  exposed to it over time.  Levels of radon that exceed federal

26  and state guidelines have been found in buildings in Florida.

27  Additional information regarding radon and radon testing may

28  be obtained from your county health department."

29

30  The requirements of this subsection do not apply to any

31  residential transient occupancy, as described in s.

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  1  509.013(11), provided that such occupancy is 45 days or less

  2  in duration.

  3

  4         Reviser's note.--Paragraph (2)(c) and

  5         subsections (4) and (5) are amended to conform

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

  7         404.056 as subsection (3) necessitated by the

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

  9         92-173, Laws of Florida, and the subsequent

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

11         1, ch. 95-339, Laws of Florida. Paragraph

12         (2)(c) is also amended to delete language that

13         has served its purpose. Paragraph (3)(f) is

14         amended to delete language that has served its

15         purpose and to conform to the transfer of

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

17         95-339. Subsection (4) is also amended to

18         conform to the redesignation of paragraph

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

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

21         92-173, the subsequent transfer of former

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

23         95-339, and the insertion of a new paragraph

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

25         of Florida. Subsection (5) is also amended to

26         delete obsolete language referencing

27         confidentiality no longer in the cited

28         provision. Subsection (6) is amended to delete

29         language that has served its purpose.

30

31

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  1         Section 42.  Paragraph (d) of subsection (5) and

  2  subsection (9) of section 408.05, Florida Statutes, are

  3  amended to read:

  4         408.05  State Center for Health Statistics.--

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

  6  center shall provide for the widespread dissemination of data

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

  8  following publication, reporting, and special study functions:

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

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

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

12  the House of Representatives.  The report shall include an

13  inventory of health data available in this state,

14  implementation plans and progress made in implementing the

15  functions assigned to the center, and recommendations for

16  further legislation or resources needed to fulfill legislative

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

18  establishing a statewide comprehensive health information

19  system. The center shall thereafter be responsible for

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

21  activities.

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

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

24  publication of data pursuant to the Health Care Cost

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

26  statutory authority, duties, or responsibilities.

27

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

29         delete an obsolete provision. Subsection (9) is

30         amended to conform to the repeal of statutes

31         constituting the Health Care Cost Containment

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

  2         Florida.

  3

  4         Section 43.  Subsection (9) of section 408.061, Florida

  5  Statutes, is amended to read:

  6         408.061  Data collection; uniform systems of financial

  7  reporting; information relating to physician charges;

  8  confidentiality of patient records; immunity.--

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

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

11  proprietary business information to the agency pursuant to the

12  provisions of this section shall remain confidential and

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

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

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

16  limited to, information relating to specific provider contract

17  reimbursement information; information relating to security

18  measures, systems, or procedures; and information concerning

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

20  impair efforts to contract for goods or services on favorable

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

22  in the marketplace. Notwithstanding the provisions of this

23  subsection, any information obtained or generated pursuant to

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

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

26  Care Administration upon transfer to that agency of the duties

27  and functions of the former Health Care Cost Containment

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

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

30  Such proprietary business information may be used in published

31  analyses and reports or otherwise made available for public

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  1  disclosure in such manner as to preserve the confidentiality

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

  3  limit the use of any information used in conjunction with

  4  investigation or enforcement purposes under the provisions of

  5  s. 455.621.

  6

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

  8         facilitate correct interpretation. Section

  9         407.61 was repealed by s. 19, ch. 98-89, Laws

10         of Florida. The Health Care Cost Containment

11         Board was abolished by ss. 82 and 83, ch.

12         92-33, Laws of Florida.

13

14         Section 44.  Subsection (11) of section 408.07, Florida

15  Statutes, is amended to read:

16         408.07  Definitions.--As used in this chapter, with the

17  exception of ss. 408.031-408.045, the term:

18         (11)  "Clinical laboratory" means a facility licensed

19  under s. 483.091, excluding:  any hospital laboratory defined

20  under s. 483.041(6) 483.041(5); any clinical laboratory

21  operated by the state or a political subdivision of the state;

22  any blood or tissue bank where the majority of revenues are

23  received from the sale of blood or tissue and where blood,

24  plasma, or tissue is procured from volunteer donors and

25  donated, processed, stored, or distributed on a nonprofit

26  basis; and any clinical laboratory which is wholly owned and

27  operated by physicians who are licensed pursuant to chapter

28  458 or chapter 459 and who practice in the same group

29  practice, and at which no clinical laboratory work is

30  performed for patients referred by any health care provider

31  who is not a member of that same group practice.

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

  2         redesignation of s. 483.041(5) as s. 483.041(6)

  3         by s. 144, ch. 99-397, Laws of Florida.

  4

  5         Section 45.  Subsection (2) of section 408.08, Florida

  6  Statutes, is amended to read:

  7         408.08  Inspections and audits; violations; penalties;

  8  fines; enforcement.--

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

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

11  or files an incomplete report and upon notification fails to

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

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

14  adopted thereunder; or that fails to provide documents or

15  records requested by the agency under this chapter shall be

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

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

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

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

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

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

22  408.20.

23

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

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

26         of Florida.

27

28         Section 46.  Paragraph (b) of subsection (5) of section

29  408.704, Florida Statutes, is amended to read:

30         408.704  Agency duties and responsibilities related to

31  community health purchasing alliances.--The agency shall

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  1  assist in developing a statewide system of community health

  2  purchasing alliances.  To this end, the agency is responsible

  3  for:

  4         (5)  Establishing a data system for accountable health

  5  partnerships.

  6         (b)  The advisory data committee shall issue a report

  7  and recommendations on each of the following subjects as each

  8  is completed.  A final report covering all subjects must be

  9  included in the final Florida Health Plan to be submitted to

10  the Legislature on December 31, 1993.  The report shall

11  include recommendations regarding:

12         1.  Types of data to be collected.  Careful

13  consideration shall be given to other data collection projects

14  and standards for electronic data interchanges already in

15  process in this state and nationally, to evaluating and

16  recommending the feasibility and cost-effectiveness of various

17  data collection activities, and to ensuring that data

18  reporting is necessary to support the evaluation of providers

19  with respect to cost containment, access, quality, control of

20  expensive technologies, and customer satisfaction analysis.

21  Data elements to be collected from providers include prices,

22  utilization, patient outcomes, quality, and patient

23  satisfaction.  The completion of this task is the first

24  priority of the advisory data committee. The agency shall

25  begin implementing these data collection activities

26  immediately upon receipt of the recommendations, but no later

27  than January 1, 1994.  The data shall be submitted by

28  hospitals, other licensed health care facilities, pharmacists,

29  and group practices as defined in s. 455.654(3)(h)

30  455.654(3)(f).

31

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  1         2.  A standard data set, a standard cost-effective

  2  format for collecting the data, and a standard methodology for

  3  reporting the data to the agency, or its designee, and to the

  4  alliances.  The reporting mechanisms must be designed to

  5  minimize the administrative burden and cost to health care

  6  providers and carriers.  A methodology shall be developed for

  7  aggregating data in a standardized format for making

  8  comparisons between accountable health partnerships which

  9  takes advantage of national models and activities.

10         3.  Methods by which the agency should collect,

11  process, analyze, and distribute the data.

12         4.  Standards for data interpretation.  The advisory

13  data committee shall actively solicit broad input from the

14  provider community, carriers, the business community, and the

15  general public.

16         5.  Structuring the data collection process to:

17         a.  Incorporate safeguards to ensure that the health

18  care services utilization data collected is reviewed by

19  experienced, practicing physicians licensed to practice

20  medicine in this state;

21         b.  Require that carrier customer satisfaction data

22  conclusions are validated by the agency;

23         c.  Protect the confidentiality of medical information

24  to protect the patient's identity and to protect the privacy

25  of individual physicians and patients.  Proprietary data

26  submitted by insurers, providers, and purchasers are

27  confidential pursuant to s. 408.061; and

28         d.  Afford all interested professional medical and

29  hospital associations and carriers a minimum of 60 days to

30  review and comment before data is released to the public.

31

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  1         6.  Developing a data collection implementation

  2  schedule, based on the data collection capabilities of

  3  carriers and providers.

  4

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

  6         redesignation of s. 455.654(3)(f) as s.

  7         455.654(3)(h) by s. 1, ch. 99-356, Laws of

  8         Florida.

  9

10         Section 47.  Subsection (2) of section 408.7042,

11  Florida Statutes, is amended to read:

12         408.7042  Purchasing health care for state employees

13  and Medicaid recipients through community health purchasing

14  alliances.--

15         (2)  When purchasing health care for Medicaid,

16  MedAccess, and Medicaid buy-in recipients through community

17  health purchasing alliances, the agency shall ensure that the

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

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

20  the claims experiences, rates, and charges for Medicaid

21  recipients, participants in the MedAccess program, and

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

23  commingled with those of other alliance members.  Prior to

24  providing medical benefits to Medicaid recipients through a

25  community health purchasing alliance, the agency shall seek

26  consultation with the Legislature pursuant to the provisions

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

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

29  select health plans from all accountable health partnerships,

30  including providers that have a Medicaid managed-care contract

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

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  1  Health Care Financing Administration, or from physicians and

  2  facilities that participate in MediPass, in the district in

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

  4  health care for such recipients, current Medicaid Medicard

  5  providers, including providers participating in the MediPass

  6  program and entities with Medicaid managed-care contracts are

  7  accountable health partnerships.  An entity that provides

  8  managed-care for Medicaid recipients pursuant to a contract

  9  must obtain a certificate of authority from the agency.

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

11  buy-in recipients by the agency through community health

12  purchasing alliances may not result in a reduction of benefits

13  or any increased costs for such recipients without prior

14  legislative approval.

15

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

17         terminology and to conform to the context.

18

19         Section 48.  Paragraph (j) of subsection (2) of section

20  408.904, Florida Statutes, is amended to read:

21         408.904  Benefits.--

22         (2)  Covered health services include:

23         (j)  Outpatient mental health visits and substance

24  abuse treatment.  Outpatient mental health visits provided by

25  community mental health centers as provided in chapter 394 and

26  by a mental health therapist licensed under chapter 490 or

27  chapter 491 and substance abuse treatment provided by a center

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

29  five visits per calendar year per member.

30

31

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

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

  3         of Florida.

  4

  5         Section 49.  Paragraph (c) of subsection (3) of section

  6  409.145, Florida Statutes, is amended to read:

  7         409.145  Care of children.--

  8         (3)

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

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

11  individual who is enrolled full-time in a postsecondary

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

13  community college program leading toward a vocational degree

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

15  college, if the following requirements are met:

16         a.  The individual was committed to the legal custody

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

18  child;

19         b.  The permanency planning goal pursuant to part VII

20  part III of chapter 39 for the individual is long-term foster

21  care or independent living;

22         c.  The individual has been accepted for admittance to

23  a postsecondary vocational-technical education program, to a

24  community college, or to a university or college;

25         d.  All other resources have been thoroughly explored,

26  and it can be clearly established that there are no

27  alternative resources for placement; and

28         e.  A written service agreement which specifies

29  responsibilities and expectations for all parties involved has

30  been signed by a representative of the department, the

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

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  1  agency providing the placement resources, if the individual is

  2  to continue living with the foster parent or placement

  3  resource while attending a postsecondary vocational-technical

  4  education program, community college, or university or

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

  6  independent living shall continue to receive services

  7  according to the independent living program and agreement of

  8  responsibilities signed by the department and the individual.

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

10  the contrary notwithstanding, when an individual who meets the

11  requirements of subparagraph 1. is in attendance at a

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

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

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

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

16  otherwise provided, but such payments shall not exceed the

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

18  individual remained in the foster home.

19         3.  The services of the foster care program shall

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

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

22         a.  Two consecutive years for an individual in a

23  postsecondary vocational-technical education program;

24         b.  Two consecutive years or four semesters for an

25  individual enrolled in a community college unless the

26  individual is participating in college preparatory instruction

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

28  communication and computation skills testing program, in which

29  case such services shall continue for not more than 3

30  consecutive years or six semesters; or

31

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

  2  for an individual enrolled in a college or university unless

  3  the individual is participating in college-preparatory

  4  instruction or is requiring additional time to complete the

  5  college-level communication and computation skills testing

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

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

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

  9  services, an individual shall have earned a grade point

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

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

12  only the previous term, and be eligible for continued

13  enrollment in the institution.  If the postsecondary

14  vocational-technical school program does not operate on a

15  grade point average as described above, then the individual

16  shall maintain a standing equivalent to the 2.0 grade point

17  average.

18         b.  Services shall be terminated upon completion of,

19  graduation from, or withdrawal or permanent expulsion from a

20  postsecondary vocational-technical education program,

21  community college, or university or college.  Services shall

22  also be terminated for failure to maintain the required level

23  of academic achievement.

24

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

26         redesignation of parts of chapter 39

27         necessitated by the repeal or transfer of

28         sections by ch. 98-403, Laws of Florida.

29         Provisions relating to case planning are in

30         part VII.

31

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  1         Section 50.  Paragraph (c) of subsection (4) of section

  2  409.166, Florida Statutes, is amended to read:

  3         409.166  Special needs children; subsidized adoption

  4  program.--

  5         (4)  ELIGIBILITY FOR SERVICES.--

  6         (c)  A child who is handicapped at the time of adoption

  7  shall be eligible for services of the Division of Children's

  8  Medical Services Network if the child was eligible for such

  9  services prior to the adoption.

10

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

12         reorganization of divisions of the Department

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

14

15         Section 51.  Section 409.1685, Florida Statutes, is

16  amended to read:

17         409.1685  Children in foster care; annual report to

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

19  shall submit a written report to the substantive committees of

20  the Legislature concerning the status of children in foster

21  care and concerning the judicial review mandated by part VIII

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

23  of each year and shall include the following information for

24  the prior calendar year:

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

26  completed during that period.

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

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

29  annual judicial review hearing during that period.

30         (3)  The number of termination of parental rights

31  proceedings instituted during that period which shall include:

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  1         (a)  The number of termination of parental rights

  2  proceedings initiated pursuant to s. 39.703 part III of

  3  chapter 39; and

  4         (b)  The total number of terminations of parental

  5  rights ordered.

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

  7  adoption during that period.

  8

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

10         repeal or transfer of sections of chapter 39 by

11         ch. 98-403, Laws of Florida. Provisions

12         relating to judicial review are located in part

13         VIII of chapter 39, and provisions relating to

14         initiation of termination of parental rights

15         are located at s. 39.703.

16

17         Section 52.  Section 409.1757, Florida Statutes, is

18  amended to read:

19         409.1757  Persons not required to be refingerprinted or

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

21  notwithstanding, human resource personnel who have been

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

23  402, and 409, and teachers who have been fingerprinted

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

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

26  attest to the completion of such fingerprinting or screening

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

28  standards for good moral character as contained in such

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

30  397.451, 402.305(2) 402.305(1), and 409.175(4), shall not be

31  required to be refingerprinted or rescreened in order to

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  1  comply with any caretaker screening or fingerprinting

  2  requirements.

  3

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

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

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

  7

  8         Section 53.  Section 409.2355, Florida Statutes, is

  9  amended to read:

10         409.2355  Programs for prosecution of males over age 21

11  who commit certain offenses involving girls under age

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

13  Children and Family Services is directed to establish a

14  program by which local communities, through the state

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

16  grants to fund innovative programs for the prosecution of

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

18  16 in violation of s. 794.011, s. 794.05, s. 800.04, or s.

19  827.04(3) 827.04(4).

20

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

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

23         2, ch. 96-215, Laws of Florida, as s. 827.04(3)

24         necessitated by the repeal and redesignation of

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

26

27         Section 54.  Paragraph (b) of subsection (8) and

28  subsection (11) of section 409.2564, Florida Statutes, are

29  amended to read:

30         409.2564  Actions for support.--

31

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  1         (8)  The director of the Title IV-D agency, or the

  2  director's designee, is authorized to subpoena from any person

  3  financial and other information necessary to establish,

  4  modify, or enforce a child support order.

  5         (b)  Subpoenas issued by this or any other state's

  6  Title IV-D agency may be challenged in accordance with s.

  7  120.569(2)(k)1.  While a subpoena is being challenged, the

  8  Title IV-D agency may not impose a fine as provided for under

  9  paragraph (c) until the challenge is complete and the subpoena

10  has been found to be valid.

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

12  limitation of an individual's United States Passport,

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

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

15  Secretary of the United States Department of Health and Human

16  Services, in the format and accompanied by such supporting

17  documentation as the secretary may require, a determination

18  that an individual owes arrearages of child support in an

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

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

21  consequence thereof and that the individual shall be given an

22  opportunity to contest the accuracy of the determination.

23

24         Reviser's note.--Paragraph (8)(b) is amended to

25         correct a grammatical error. Subsection (11) is

26         amended to improve clarity and facilitate

27         correct interpretation. Section 652(k)(1)

28         references the procedures whereby the Secretary

29         of Health and Human Services certifies child

30         support arrearage information to the Secretary

31

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  1         of State to be considered for purposes of

  2         passport denial, revocation, or limitation.

  3

  4         Section 55.  Subsection (12) of section 409.2673,

  5  Florida Statutes, is amended to read:

  6         409.2673  Shared county and state health care program

  7  for low-income persons; trust fund.--

  8         (12)  There is created the Shared County and State

  9  Program Trust Fund in the Treasury to be used by the Agency

10  for Health Care Administration Department of Health and

11  Rehabilitative Services for the purpose of funding the state's

12  portion of the shared county and state program created

13  pursuant to this section.

14

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

16         directive of the Legislature in s. 1, ch.

17         98-224, Laws of Florida, to make specific

18         changes in terminology and any further changes

19         as necessary to conform the Florida Statutes to

20         the organizational changes of the former

21         Department of Health and Rehabilitative

22         Services effected by previous acts of the

23         Legislature.

24

25         Section 56.  Section 409.821, Florida Statutes, is

26  amended to read:

27         409.821  Sections 409.810-409.820; confidential

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

29  any information contained in an application for determination

30  of eligibility for the Florida Kidcare Kids Health program

31  which identifies applicants, including medical information and

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  1  family financial information, and any information obtained

  2  through quality assurance activities and patient satisfaction

  3  surveys which identifies program participants, obtained by the

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

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

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

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

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

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

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

11  to any other entity, any confidential information received

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

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

14  119.15, and shall stand repealed on October 2, 2003, unless

15  reviewed and saved from repeal through reenactment by the

16  Legislature.

17

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

19         creation of ss. 409.810-409.820, constituting

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

21         98-288, Laws of Florida.

22

23         Section 57.  Paragraph (b) of subsection (5) and

24  subsection (8) of section 409.905, Florida Statutes, are

25  amended to read:

26         409.905  Mandatory Medicaid services.--The agency may

27  make payments for the following services, which are required

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

29  furnished by Medicaid providers to recipients who are

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

31  were provided.  Any service under this section shall be

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  1  provided only when medically necessary and in accordance with

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

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

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

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

  6  the availability of moneys and any limitations or directions

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

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

  9  for all covered services provided for the medical care and

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

11  licensed physician or dentist to a hospital licensed under

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

13  payment for inpatient hospital services for a Medicaid

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

15  days necessary to comply with the General Appropriations Act.

16         (b)  A licensed hospital maintained primarily for the

17  care and treatment of patients having mental disorders or

18  mental diseases is not eligible to participate in the hospital

19  inpatient portion of the Medicaid program except as provided

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

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

22  provide hospitalization services for mental health reasons to

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

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

25  opportunity to pay for care in hospitals known under federal

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

27  waiver proposal shall propose no additional aggregate cost to

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

29  Hillsborough County, Highlands County, Hardee County, Manatee

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

31  competitive bidding for hospital services, comprehensive

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  1  brokering, prepaid capitated arrangements, or other mechanisms

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

  3  of acute care and increasing the effectiveness of preventive

  4  care.  When developing the waiver proposal, the department

  5  shall take into account price, quality, accessibility,

  6  linkages of the hospital to community services and family

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

  8  discharge possible, and the comprehensiveness of the mental

  9  health and other health care services offered by participating

10  providers.  The department is directed to monitor and evaluate

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

12  report to the chairs of the appropriations committees of the

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

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

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

16  recipient in a nursing facility licensed under part II of

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

18  or in a Medicare certified skilled nursing facility operated

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

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

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

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

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

24  or otherwise made uninhabitable by natural disaster or other

25  emergency and another nursing facility is not available, the

26  agency must pay for similar services temporarily in a hospital

27  licensed under part I of chapter 395 provided federal funding

28  is approved and available.

29

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

31         delete language that has had its effect.

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  1         Subsection (8) is amended to conform to the

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

  3         395.002(11) by the reviser incident to the

  4         compilation of the 1998 Supplement to the

  5         Florida Statutes 1997.

  6

  7         Section 58.  Subsection (17) of section 409.910,

  8  Florida Statutes, is amended to read:

  9         409.910  Responsibility for payments on behalf of

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

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

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

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

14  excluding notice charged solely by reason of the recording of

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

16  actual knowledge of the agency's rights to third-party

17  benefits under this section, who receives any third-party

18  benefit or proceeds therefrom for a covered illness or injury,

19  is required either to pay the agency, within 60 days after

20  receipt of settlement proceeds, the full amount of the

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

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

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

24  of the agency pending judicial or administrative determination

25  of the agency's right thereto. Proof that any such person had

26  notice or knowledge that the recipient had received medical

27  assistance from Medicaid, and that third-party benefits or

28  proceeds therefrom were in any way related to a covered

29  illness or injury for which Medicaid had provided medical

30  assistance, and that any such person knowingly obtained

31  possession or control of, or used, third-party benefits or

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  1  proceeds and failed either to pay the agency the full amount

  2  required by this section or to hold the full amount of

  3  third-party benefits or proceeds in trust pending judicial or

  4  administrative determination, unless adequately explained,

  5  gives rise to an inference that such person knowingly failed

  6  to credit the state or its agent for payments received from

  7  social security, insurance, or other sources, pursuant to s.

  8  414.39(4)(b), and acted with the intent set forth in s.

  9  812.014(1).

10         (a)  In cases of suspected criminal violations or

11  fraudulent activity, the agency may take any civil action

12  permitted at law or equity to recover the greatest possible

13  amount, including, without limitation, treble damages under

14  ss. 772.11 and 812.035(7).

15         (b)  The agency is authorized to investigate and to

16  request appropriate officers or agencies of the state to

17  investigate suspected criminal violations or fraudulent

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

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

20  directed, without limitation, to the Medicaid Fraud Control

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

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

23  primary responsibility to investigate and control Medicaid

24  fraud.

25         (c)  In carrying out duties and responsibilities

26  related to Medicaid fraud control, the agency may subpoena

27  witnesses or materials within or outside the state and,

28  through any duly designated employee, administer oaths and

29  affirmations and collect evidence for possible use in either

30  civil or criminal judicial proceedings.

31

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  1         (d)  All information obtained and documents prepared

  2  pursuant to an investigation of a Medicaid recipient, the

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

  4  to an allegation of recipient fraud or theft is confidential

  5  and exempt from s. 119.07(1):

  6         1.  Until such time as the agency takes final agency

  7  action;

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

  9  refers the case for criminal prosecution;

10         3.  Until such time as an indictment or criminal

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

12  or

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

14

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

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

17         409.910(6)(c) by s. 1, ch. 98-411, Laws of

18         Florida.

19

20         Section 59.  Section 409.9116, Florida Statutes, is

21  amended to read:

22         409.9116  Disproportionate share/financial assistance

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

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

25  shall administer a federally matched disproportionate share

26  program and a state-funded financial assistance program for

27  statutory rural hospitals. The agency shall make

28  disproportionate share payments to statutory rural hospitals

29  that qualify for such payments and financial assistance

30  payments to statutory rural hospitals that do not qualify for

31  disproportionate share payments. The disproportionate share

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  1  program payments shall be limited by and conform with federal

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

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

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

  5  Funds shall be distributed quarterly in each fiscal year for

  6  which an appropriation is made. Notwithstanding the provisions

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

  8  the cost of this special reimbursement for hospitals serving a

  9  disproportionate share of low-income patients.

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

11  to calculate the total amount earned for hospitals that

12  participate in the rural hospital disproportionate share

13  program or the financial assistance program:

14

15                     TAERH = (CCD + MDD)/TPD

16

17  Where:

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

19  Burton, minus 50 percent of unrestricted tax revenue from

20  local governments, and restricted funds for indigent care,

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

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

23         MDD = Medicaid inpatient days plus Medicaid HMO

24  inpatient days.

25         TPD = total inpatient days.

26         TAERH = total amount earned by each rural hospital.

27

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

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

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

31

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

  2  hospital under this section, the agency shall first allocate

  3  all available state funds by the following formula:

  4

  5                   DAER = (TAERH x TARH)/STAERH

  6

  7  Where:

  8         DAER = distribution amount for each rural hospital.

  9         STAERH = sum of total amount earned by each rural

10  hospital.

11         TAERH = total amount earned by each rural hospital.

12         TARH = total amount appropriated or distributed under

13  this section.

14

15  Federal matching funds for the disproportionate share program

16  shall then be calculated for those hospitals that qualify for

17  disproportionate share payments under this section.

18         (3)  The Agency for Health Care Administration may

19  recommend to the Legislature a formula to be used in

20  subsequent fiscal years to distribute funds appropriated for

21  this section that includes charity care, uncompensated care to

22  medically indigent patients, and Medicaid inpatient days.

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

24  rural hospital disproportionate share program are not

25  available, state matching funds appropriated for the program

26  may be utilized for the Rural Hospital Financial Assistance

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

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

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

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

31  must meet the following additional requirements:

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

  2  ensure high quality in the provision of services, including

  3  criteria adopted by agency rule concerning staffing ratios,

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

  5  other standards and criteria as the agency deems appropriate

  6  as specified by rule.

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

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

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

10  the county public health departments and other low-income

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

12  development of written agreements between these organizations

13  and the hospital.

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

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

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

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

18  funds dispersed under this act are spent.

19         (6)  For the 1999-2000 fiscal year only, the Agency for

20  Health Care Administration shall use the following formula for

21  distribution of the funds in Specific Appropriation 236 of the

22  1999-2000 General Appropriations Act for the disproportionate

23  share/financial assistance program for rural hospitals.

24         (a)  The agency shall first determine a preliminary

25  payment amount for each rural hospital by allocating all

26  available state funds using the following formula:

27

28                  PDAER = (TAERH x TARH)/STAERH

29

30  Where:

31

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  1         PDAER = preliminary distribution amount for each rural

  2  hospital.

  3         TAERH = total amount earned by each rural hospital.

  4         TARH = total amount appropriated or distributed under

  5  this section.

  6         STAERH = sum of total amount earned by each rural

  7  hospital.

  8         (b)  Federal matching funds for the disproportionate

  9  share program shall then be calculated for those hospitals

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

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

12  calculated for each hospital using the formula:

13

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

15

16  Where:

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

18  hospital.

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

20  4 percent of TARH.

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

22  disproportionate share program shall then be calculated using

23  the following formula:

24

25                     ATARH = (TARH - SSFOER)

26

27  Where:

28         ATARH = adjusted total amount appropriated or

29  distributed under this section.

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

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

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  1         (e)  The determination of the amount of rural

  2  disproportionate share hospital funds is calculated by the

  3  following formula:

  4

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

  6

  7  Where:

  8         TDAERH = total distribution amount for each rural

  9  hospital.

10         (f)  Federal matching funds for the disproportionate

11  share program shall then be calculated for those hospitals

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

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

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

15  to determine the total distribution amount for each rural

16  hospital.

17         (h)  This subsection is repealed on July 1, 2000.

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

19  defined as statutory rural hospitals, or their

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

21  additional hospital that is defined as a statutory rural

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

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

24  unless additional funds are appropriated each fiscal year

25  specifically to the rural hospital disproportionate share and

26  financial assistance programs in an amount necessary to

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

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

29  incurring a reduction in payments because of the eligibility

30  of an additional hospital to participate in the programs.

31

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

  2         that has served its purpose.

  3

  4         Section 60.  Subsection (26) of section 409.912,

  5  Florida Statutes, is amended to read:

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

  7  agency shall purchase goods and services for Medicaid

  8  recipients in the most cost-effective manner consistent with

  9  the delivery of quality medical care.  The agency shall

10  maximize the use of prepaid per capita and prepaid aggregate

11  fixed-sum basis services when appropriate and other

12  alternative service delivery and reimbursement methodologies,

13  including competitive bidding pursuant to s. 287.057, designed

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

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

16  minimize the exposure of recipients to the need for acute

17  inpatient, custodial, and other institutional care and the

18  inappropriate or unnecessary use of high-cost services.

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

20  choice counseling, enrollments, and disenrollments for

21  Medicaid recipients who are eligible for MediPass or managed

22  care plans.  Notwithstanding the prohibition contained in

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

24  preenrollments of Medicaid recipients under the supervision of

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

26  "preenrollment" means the provision of marketing and

27  educational materials to a Medicaid recipient and assistance

28  in completing the application forms, but shall not include

29  actual enrollment into a managed care plan.  An application

30  for enrollment shall not be deemed complete until the agency

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

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  1  voluntary choice.  The agency, in cooperation with the

  2  Department of Children and Family Services, may test new

  3  marketing initiatives to inform Medicaid recipients about

  4  their managed care options at selected sites.  The agency

  5  shall report to the Legislature on the effectiveness of such

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

  7  perform managed care plan and MediPass choice-counseling,

  8  enrollment, and disenrollment services for Medicaid recipients

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

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

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

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

13  costs associated with enrollment, disenrollment, and

14  choice-counseling activities.  Thereafter, The agency may

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

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

17  contract, and for agency supervision and management of the

18  managed care plan choice-counseling, enrollment, and

19  disenrollment contract.

20

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

22         that has served its purpose.

23

24         Section 61.  Paragraph (d) of subsection (15) of

25  section 409.913, Florida Statutes, is amended to read:

26         409.913  Oversight of the integrity of the Medicaid

27  program.--The agency shall operate a program to oversee the

28  activities of Florida Medicaid recipients, and providers and

29  their representatives, to ensure that fraudulent and abusive

30  behavior and neglect of recipients occur to the minimum extent

31

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  1  possible, and to recover overpayments and impose sanctions as

  2  appropriate.

  3         (15)  The agency may impose any of the following

  4  sanctions on a provider or a person for any of the acts

  5  described in subsection (14):

  6         (d)  Immediate suspension, if the agency has received

  7  information of patient abuse or neglect or of any act

  8  prohibited by s. 409.920. Upon suspension, the agency must

  9  issue an immediate final order under s. 120.569(2)(n)

10  120.59(3).

11

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

13         repeal of s. 120.59(3) by s. 24, ch. 96-159,

14         Laws of Florida, and the enactment of identical

15         language in s. 120.569(2)(l) by s. 18, ch.

16         96-159. Section 120.569(2)(l) was subsequently

17         redesignated as s. 120.569(2)(n) by s. 4, ch.

18         98-200, Laws of Florida.

19

20         Section 62.  Paragraph (k) of subsection (9) of section

21  411.202, Florida Statutes, is amended to read:

22         411.202  Definitions.--As used in this chapter, the

23  term:

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

25  preschool child with one or more of the following

26  characteristics:

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

28  subsection (8) (7).

29

30

31

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

  2         redesignation of s. 411.202(7) as s. 411.202(8)

  3         by s. 1, ch. 95-321, Laws of Florida.

  4

  5         Section 63.  Paragraph (a) of subsection (4) of section

  6  411.242, Florida Statutes, is amended to read:

  7         411.242  Florida Education Now and Babies Later (ENABL)

  8  program.--

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

10         (a)  Implement the ENABL program using the criteria

11  provided in this section.  The department must evaluate,

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

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

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

15  contractors may be selected among the first sites to be

16  funded:

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

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

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

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

21  families.

22

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

24         that has served its purpose.

25

26         Section 64.  Section 413.46, Florida Statutes, is

27  amended to read:

28         413.46  Legislative intent.--It is the intent of the

29  Legislature to ensure the referral of persons who have

30  moderate-to-severe brain or spinal cord injuries to a

31  coordinated rehabilitation program developed and administered

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  1  by the division. The program shall provide eligible persons,

  2  as defined in s. 381.76 413.507, the opportunity to obtain the

  3  necessary rehabilitative services enabling them to be referred

  4  to a vocational rehabilitation program or to return to an

  5  appropriate level of functioning in their community. Further,

  6  it is intended that permanent disability be avoided, whenever

  7  possible, through prevention, early identification, skilled

  8  emergency evacuation procedures, and proper medical and

  9  rehabilitative treatment.

10

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

12         redesignation of s. 413.507 as s. 381.76 by s.

13         20, ch. 99-240, Laws of Florida.

14

15         Section 65.  Paragraph (a) of subsection (3) and

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

17  Statutes, are amended to read:

18         414.065  Work requirements.--

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

20  following individuals are exempt from work activity

21  requirements:

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

23  exempted from this provision shall be subject to the

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

25         (7)  EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless

26  otherwise provided, the situations listed in this subsection

27  shall constitute exceptions to the penalties for noncompliance

28  with participation requirements, except that these situations

29  do not constitute exceptions to the applicable time limit for

30  receipt of temporary cash assistance:

31

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  1         (c)  Noncompliance related to treatment or remediation

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

  3  determined to be unable to comply with the work requirements

  4  under this section due to mental or physical impairment

  5  related to past incidents of domestic violence may be exempt

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

  7  414.028(4)(g), except that such individual shall comply with a

  8  plan that specifies alternative requirements that prepare the

  9  individual for self-sufficiency while providing for the safety

10  of the individual and the individual's dependents.  A

11  participant who is determined to be out of compliance with the

12  alternative requirement plan shall be subject to the penalties

13  under subsection (4). The plan must include counseling or a

14  course of treatment necessary for the individual to resume

15  participation. The need for treatment and the expected

16  duration of such treatment must be verified by a physician

17  licensed under chapter 458 or chapter 459; a psychologist

18  licensed under s. 490.005(1), s. 490.006, or the provision

19  identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of

20  Florida; a therapist as defined in s. 491.003(2) or (6); or a

21  treatment professional who is registered under s. 39.905(1)(g)

22  415.605(1)(g), is authorized to maintain confidentiality under

23  s. 90.5036(1)(d), and has a minimum of 2 years experience at a

24  certified domestic violence center. An exception granted under

25  this paragraph does not constitute an exception from the time

26  limitations on benefits specified under s. 414.105.

27

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

29         conform to the redesignation of s.

30         414.065(1)(i) as s. 414.065(1)(j) by s. 42, ch.

31         97-246, Laws of Florida. Paragraph (7)(c) is

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  1         amended to conform to the redesignation of s.

  2         415.605(1)(g) as s. 39.905(1)(g) by s. 117, ch.

  3         98-403, Laws of Florida.

  4

  5         Section 66.  Subsection (1) of section 414.28, Florida

  6  Statutes, is amended to read:

  7         414.28  Public assistance payments to constitute debt

  8  of recipient.--

  9         (1)  CLAIMS.--The acceptance of public assistance

10  creates a debt of the person accepting assistance, which debt

11  is enforceable only after the death of the recipient.  The

12  debt thereby created is enforceable only by claim filed

13  against the estate of the recipient after his or her death or

14  by suit to set aside a fraudulent conveyance, as defined in

15  subsection (3). After the death of the recipient and within

16  the time prescribed by law, the department may file a claim

17  against the estate of the recipient for the total amount of

18  public assistance paid to or for the benefit of such

19  recipient, reimbursement for which has not been made.  Claims

20  so filed shall take priority as class 3 claims as provided by

21  s. 733.707(1)(c) 733.707(1)(g).

22

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

24         facilitate correct interpretation. Class 3

25         claims are provided for in s. 733.707(1)(c).

26

27         Section 67.  Subsection (9) of section 414.39, Florida

28  Statutes, is amended to read:

29         414.39  Fraud.--

30         (9)  All records relating to investigations of public

31  assistance fraud in the custody of the department and the

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  1  Agency for Health Care Administration are available for

  2  examination by the Department of Law Enforcement pursuant to

  3  s. 943.401 11.50 and are admissible into evidence in

  4  proceedings brought under this section as business records

  5  within the meaning of s. 90.803(6).

  6

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

  8         redesignation of s. 11.50 as s. 943.401 by s.

  9         5, ch. 99-333, Laws of Florida.

10

11         Section 68.  Subsection (4) of section 415.102, Florida

12  Statutes, is amended to read:

13         415.102  Definitions of terms used in ss.

14  415.101-415.113.--As used in ss. 415.101-415.113, the term:

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

16  with or has assumed the responsibility for frequent and

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

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

19  commitment, agreement, or understanding with that person or

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

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

22  household members, guardians, neighbors, and employees and

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

24  For the purpose of departmental investigative jurisdiction,

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

26  or employees of municipal or county detention facilities or

27  the Department of Corrections while acting in an official

28  capacity.

29

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

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

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

  2         Florida.

  3

  4         Section 69.  Paragraph (f) of subsection (1) of section

  5  415.1055, Florida Statutes, is amended to read:

  6         415.1055  Notification to administrative entities,

  7  subjects, and reporters; notification to law enforcement and

  8  state attorneys.--

  9         (1)  NOTIFICATION TO ADMINISTRATIVE ENTITIES.--

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

11  the department has reasonable cause to believe that an

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

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

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

15  department shall notify the Agency for Health Care

16  Administration, Division of Health Quality Assurance, in

17  writing.

18

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

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

21         415.102(15) by s. 1, ch. 98-182, Laws of

22         Florida.

23

24         Section 70.  Subsection (8) of section 415.107, Florida

25  Statutes, is amended to read:

26         415.107  Confidentiality of reports and records.--

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

28  fee, shall search its central abuse registry and tracking

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

30  393.0655, 394.457, 397.451, 400.506, 400.509, 400.512,

31  402.305(2) 402.305(1), 402.3055, 402.313, 409.175, 409.176,

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

  2  the personnel as defined in the foregoing provisions. The

  3  department shall report the existence of any confirmed report

  4  and advise the authorized licensing agency, applicant for

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

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

  7  being conducted, the department or its designee shall notify

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

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

10  results of the search upon request.

11

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

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

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

15

16         Section 71.  Section 415.1102, Florida Statutes, is

17  reenacted to read:

18         415.1102  Adult protection teams; services; eligible

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

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

21  multidisciplinary adult protection teams in each of the

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

23  but need not be limited to, representatives of appropriate

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

25  enforcement agencies.

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

27  to supplement the protective services activities of the adult

28  protective services program of the department.  This section

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

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

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

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  1  is to support activities of the adult protective services

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

  3  necessary and appropriate to abused, neglected, and exploited

  4  disabled adults or elderly persons upon referral.  Services

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

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

  7  order.  The specialized diagnostic assessment, evaluation,

  8  coordination, and other supportive services that an adult

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

10  not limited to:

11         (a)  Medical diagnosis and evaluation services,

12  including provision or interpretation of X rays and laboratory

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

14  findings relative thereto.

15         (b)  Telephone consultation services in emergencies and

16  in other situations.

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

18  exploitation as defined by department policy or rule.

19         (d)  Psychological and psychiatric diagnosis and

20  evaluation services for the disabled adult or elderly person.

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

22  intent of the Legislature that short-term psychological

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

24  treatment is initiated.

25         (f)  Expert medical, psychological, and related

26  professional testimony in court cases.

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

28  treatment plans for disabled adults and elderly persons whose

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

30  team may provide consultation with respect to a disabled adult

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

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  1  consultation must be provided at the request of a

  2  representative of the adult protective services program or at

  3  the request of any other professional involved with the

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

  5  other caregivers.  In every such adult protection team case

  6  staffing consultation or staff activity involving a disabled

  7  adult or elderly person, an adult protective services program

  8  representative shall attend and participate.

  9         (h)  Service coordination and assistance, including the

10  location of services available from other public and private

11  agencies in the community.

12         (i)  Such training services for program and other

13  department employees as is deemed appropriate to enable them

14  to develop and maintain their professional skills and

15  abilities in handling adult abuse, neglect, or exploitation

16  cases.

17         (j)  Education and community awareness campaigns on

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

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

20  and exploitation in the community more successfully.

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

22  that are appropriate for referral by the adult protective

23  services program to adult protection teams for supportive

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

25         (a)  Unexplained or implausibly explained bruises,

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

27  elderly person.

28         (b)  Sexual abuse or molestation, or sexual

29  exploitation, of a disabled adult or elderly person.

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

31  of a disabled adult or an elderly person.

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  1         (d)  Reported financial exploitation of a disabled

  2  adult or elderly person.

  3

  4  In all instances in which an adult protection team is

  5  providing certain services to abused, neglected, or exploited

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

  7  the department shall avoid duplicating the provisions of those

  8  services.

  9

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

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

12         but failed to republish the flush left language

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

14         affirmative evidence that the Legislature

15         intended to repeal the flush left language, s.

16         415.1102 is reenacted to confirm that the

17         omission was not intended.

18

19         Section 72.  Subsections (1), (3), and (4) of section

20  420.0004, Florida Statutes, are amended to read:

21         420.0004  Definitions.--As used in this part, unless

22  the context otherwise indicates:

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

24  manner which results in an income eligibility level which is

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

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

27  income eligibility determined as provided in subsection (9)

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

29  a formula as established by the United States Department of

30  Housing and Urban Development.

31

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

  2  mortgage payments including taxes, insurance, and utilities do

  3  not exceed 30 percent of that amount which represents the

  4  percentage of the median adjusted gross annual income for the

  5  households as indicated in subsection (9) (6), subsection (10)

  6  (7), or subsection (14) (11).

  7         (4)  "Corporation" "Agency" means the Florida Housing

  8  Finance Corporation Agency.

  9

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

11         amended to conform to the redesignation of

12         subsection (6), subsection (7), and subsection

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

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

15         90-275, Laws of Florida. Subsection (4) is

16         amended to conform to the redesignation of the

17         Florida Housing Finance Agency as the Florida

18         Housing Finance Corporation by s. 7, ch.

19         97-167, Laws of Florida.

20

21         Section 73.  Subsections (5), (11), and (13) of section

22  420.102, Florida Statutes, are amended to read:

23         420.102  Definitions.--As used in this part, the

24  following words and terms have the following meanings unless

25  the context indicates another or different meaning or intent:

26         (5)  "Development costs" means the costs which have

27  been approved by the Florida Housing Finance Corporation

28  agency as appropriate expenditures, including but not limited

29  to:

30         (a)  Legal, organizational, marketing, and

31  administrative expenses;

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  1         (b)  Payment of fees for preliminary feasibility

  2  studies and advances for planning, engineering, and

  3  architectural work;

  4         (c)  Expenses for surveys as to need and market

  5  analyses;

  6         (d)  Necessary application and other fees to federal

  7  and other government agencies; and

  8         (e)  Such other expenses as the Florida Housing Finance

  9  Corporation agency may deem appropriate to effectuate the

10  purposes of this chapter.

11         (11)  "Low-income or moderate-income persons" means

12  families and persons who cannot afford, as defined by federal

13  law, to pay the amounts at which private enterprise is

14  providing a substantial supply of decent, safe, and sanitary

15  housing and fall within income limitations set by the Florida

16  Housing Finance Corporation agency in its rules.

17         (13)  "Project" means a specific work or improvement,

18  including land, buildings, improvements, real and personal

19  property, or any interest therein, acquired, owned,

20  constructed, reconstructed, rehabilitated, or improved with

21  the financial assistance of the Florida Housing Finance

22  Corporation agency, including the construction of low-income

23  and moderate-income housing facilities and facilities incident

24  or appurtenant thereto, such as streets, sewers, utilities,

25  parks, site preparation, landscaping, and such other

26  administrative, community, and recreational facilities as the

27  Florida Housing Finance Corporation agency determines to be

28  necessary, convenient, or desirable appurtenances.

29

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

31         redesignation of the Florida Housing Finance

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  1         Agency as the Florida Housing Finance

  2         Corporation by s. 7, ch. 97-167, Laws of

  3         Florida.

  4

  5         Section 74.  Section 420.37, Florida Statutes, is

  6  amended to read:

  7         420.37  Additional powers of the Florida Housing

  8  Finance Corporation agency.--The Florida Housing Finance

  9  Corporation agency shall have all powers necessary or

10  convenient to carry out and effectuate the purposes of this

11  part, including the power to provide for the collection and

12  payment of fees and charges, regardless of method of payment,

13  including, but not limited to, reimbursement of costs of

14  financing by the corporation agency, credit underwriting fees,

15  servicing charges, and insurance premiums determined by the

16  corporation agency to be reasonable and as approved by the

17  corporation agency.  The fees and charges may be paid directly

18  by the borrower to the insurer, lender, or servicing agent or

19  may be deducted from the payments collected by such insurer,

20  lender, or servicing agent.

21

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

23         redesignation of the Florida Housing Finance

24         Agency as the Florida Housing Finance

25         Corporation by s. 7, ch. 97-167, Laws of

26         Florida.

27

28         Section 75.  Subsection (30) of section 420.507,

29  Florida Statutes, is amended to read:

30         420.507  Powers of the corporation.--The corporation

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

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  1  and effectuate the purposes and provisions of this part,

  2  including the following powers which are in addition to all

  3  other powers granted by other provisions of this part:

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

  5  department a budget request for purposes of the corporation,

  6  which request shall, notwithstanding the provisions of chapter

  7  216 and in accordance with s. 216.351, contain a request for

  8  operational expenditures and separate requests for other

  9  authorized corporation programs. The request shall not be

10  required to contain information on the number of employees,

11  salaries, or any classification thereof, and the approved

12  operating budget therefor need not comply with s.

13  216.181(8)-(10) 216.181(7)-(9). The secretary is authorized to

14  include within the department's budget request the

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

16  section.

17

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

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

20         216.181(8)-(10) by s. 6, ch. 97-286, Laws of

21         Florida.

22

23         Section 76.  Paragraph (a) of subsection (3) and

24  subsection (5) of section 420.508, Florida Statutes, are

25  amended to read:

26         420.508  Special powers; multifamily and single-family

27  projects.--The corporation shall have the special power to:

28         (3)(a)  Make and participate in the making of, and

29  contract to make or participate in the making of, mortgage

30  loans for permanent or construction financing to sponsors for

31  the purposes of financing development costs of projects,

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  1  provided each mortgage loan for a project made by the

  2  corporation shall:

  3         1.  Be evidenced by a properly executed note or other

  4  evidence of indebtedness and be secured by a properly recorded

  5  mortgage;

  6         2.  Provide for amortization to pay the mortgage loan

  7  in full not later than the expiration of the useful life of

  8  the property financed with the proceeds of the mortgage loan

  9  as determined by the corporation, and in any event not later

10  than 45 years from the date of the mortgage loan;

11         3.  Not exceed such percentage of the development costs

12  as the corporation may determine pursuant to rule and, in any

13  event, not more than 95 percent of the development costs;

14         4.  If the mortgage loan is to provide financing for

15  the construction of a project, have each advance thereof

16  secured, insured, or guaranteed in such manner as the

17  corporation determines will reasonably protect its interests

18  and those of the bondholders;

19         5.  Have the initial review, approval, and origination

20  process accomplished by a lending institution in accordance

21  with such procedure as the corporation may prescribe, which

22  lending institution shall be paid such fees and charges for

23  its services as the corporation may determine; and

24         6.  Be serviced by such lending institution or other

25  private entity engaged in the business of servicing mortgage

26  loans in the state as the corporation shall approve in

27  accordance with such procedures as the corporation may

28  prescribe, which servicer shall be paid such fees and charges

29  for its services as the corporation agency may determine.

30         (5)  Establish with a qualified depository meeting the

31  requirements of chapter 280, a separate fund to be known as

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  1  the "Florida Housing Finance Corporation Fund," to be

  2  administered by the corporation in accordance with the

  3  purposes of this chapter. All fees collected by the

  4  corporation directly from the Federal Government for

  5  administration of the United States Department of Housing and

  6  Urban Development Section 8 housing program, all annual

  7  administrative fees collected by trustees for bond programs

  8  and remitted to the corporation, all expense fees related to

  9  costs of bond issuance collected by trustees and remitted to

10  the corporation, and all tax credit program fees must be

11  deposited into the fund. The fund shall be utilized for the

12  purposes of the corporation, including payment of

13  administrative expenses. Effective January 1, 1998, all

14  amounts held in the Housing Finance Agency Trust Fund

15  established pursuant to state law must be transferred to the

16  corporation for deposit in the Florida Housing Finance

17  Corporation Fund, whereupon the Housing Finance Agency Trust

18  Fund must be closed. Expenditures from the Florida Housing

19  Finance Corporation Fund shall not be required to be included

20  in the corporation's budget request or be subject to

21  appropriation by the Legislature.

22

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

24         conform to the redesignation of the Florida

25         Housing Finance Agency as the Florida Housing

26         Finance Corporation by s. 7, ch. 97-167, Laws

27         of Florida. Subsection (5) is amended to delete

28         language that has served its purpose.

29

30         Section 77.  Subsection (5) of section 420.524, Florida

31  Statutes, is amended to read:

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  1         420.524  Definitions.--For the purpose of ss.

  2  420.521-420.529, the term:

  3         (5)  "Student" means any person not living with that

  4  person's parent or guardian who is eligible to be claimed by

  5  that person's parent or guardian as a dependent under the

  6  federal income tax code and who is enrolled on at least a

  7  half-time basis in a secondary school, vocational-technical

  8  center, community college, college, or university.  The term

  9  does not include a person participating in an educational or

10  training program approved by the corporation agency.

11

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

13         redesignation of the Florida Housing Finance

14         Agency as the Florida Housing Finance

15         Corporation by s. 7, ch. 97-167, Laws of

16         Florida.

17

18         Section 78.  Paragraph (c) of subsection (2) of section

19  420.525, Florida Statutes, is amended to read:

20         420.525  Housing Predevelopment Fund.--

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

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

23  following programs, and any other proceeds that would

24  otherwise accrue pursuant to the activities conducted under

25  this program and the provisions of the following programs

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

27  General Revenue Fund:

28         (c)  The Community-Based Organization Loan Program

29  created by the Affordable Housing Planning and Community

30  Assistance Act Florida Affordable Housing Act of 1986.

31

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

  2         redesignation of the Florida Affordable Housing

  3         Act of 1986 as the Affordable Housing Planning

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

  5         92-317, Laws of Florida.

  6

  7         Section 79.  Subsection (1) of section 420.602, Florida

  8  Statutes, is amended to read:

  9         420.602  Definitions.--As used in this part, the

10  following terms shall have the following meanings, unless the

11  context otherwise requires:

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

13  manner which results in an income eligibility level which is

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

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

16  income eligibility level determined as provided in subsection

17  (8), subsection (9), or subsection (12), based upon a formula

18  as established by rule of the corporation agency.

19

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

21         redesignation of the Florida Housing Finance

22         Agency as the Florida Housing Finance

23         Corporation by s. 7, ch. 97-167, Laws of

24         Florida.

25

26         Section 80.  Subsection (3) of section 420.609, Florida

27  Statutes, is amended to read:

28         420.609  Affordable Housing Study Commission.--Because

29  the Legislature firmly supports affordable housing in Florida

30  for all economic classes:

31

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  1         (3)  The department and the corporation agency shall

  2  supply such information, assistance, and facilities as are

  3  deemed necessary for the commission to carry out its duties

  4  under this section and shall provide such staff assistance as

  5  is necessary for the performance of required clerical and

  6  administrative functions of the commission.

  7

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

  9         redesignation of the Florida Housing Finance

10         Agency as the Florida Housing Finance

11         Corporation by s. 7, ch. 97-167, Laws of

12         Florida.

13

14         Section 81.  Paragraph (a) of subsection (2) of section

15  420.9072, Florida Statutes, is amended to read:

16         420.9072  State Housing Initiatives Partnership

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

18  created for the purpose of providing funds to counties and

19  eligible municipalities as an incentive for the creation of

20  local housing partnerships, to expand production of and

21  preserve affordable housing, to further the housing element of

22  the local government comprehensive plan specific to affordable

23  housing, and to increase housing-related employment.

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

25  program, a county or eligible municipality must:

26         1.  Submit to the corporation its local housing

27  assistance plan describing the local housing assistance

28  strategies established pursuant to s. 420.9075;

29         2.  Within 12 months after adopting the local housing

30  assistance plan, amend the plan to incorporate the local

31

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

  2  described in s. 420.9076 420.7096; and

  3         3.  Within 24 months after adopting the amended local

  4  housing assistance plan to incorporate the local housing

  5  incentive strategies, amend its land development regulations

  6  or establish local policies and procedures, as necessary, to

  7  implement the local housing incentive strategies adopted by

  8  the local governing body. A county or an eligible municipality

  9  that has adopted a housing incentive strategy pursuant to s.

10  420.9076 before the effective date of this act shall review

11  the status of implementation of the plan according to its

12  adopted schedule for implementation and report its findings in

13  the annual report required by s. 420.9075(9). If as a result

14  of the review, a county or an eligible municipality determines

15  that the implementation is complete and in accordance with its

16  schedule, no further action is necessary. If a county or an

17  eligible municipality determines that implementation according

18  to its schedule is not complete, it must amend its land

19  development regulations or establish local policies and

20  procedures, as necessary, to implement the housing incentive

21  plan within 12 months after the effective date of this act, or

22  if extenuating circumstances prevent implementation within 12

23  months, pursuant to s. 420.9075(12), enter into an extension

24  agreement with the corporation.

25

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

27         error. Section 420.7096 does not exist. Section

28         420.9076 relates to affordable housing

29         incentive strategies.

30

31

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  1         Section 82.  Subsections (1) and (2) of section

  2  420.9073, Florida Statutes, are amended to read:

  3         420.9073  Local housing distributions.--

  4         (1)  Distributions calculated in this section shall be

  5  disbursed on a monthly basis by the corporation agency

  6  beginning the first day of the month after program approval

  7  pursuant to s. 420.9072.  Each county's share of the funds to

  8  be distributed from the portion of the funds in the Local

  9  Government Housing Trust Fund received pursuant to s.

10  201.15(6) shall be calculated by the corporation agency for

11  each fiscal year as follows:

12         (a)  Each county other than a county that has

13  implemented the provisions of chapter 83-220, Laws of Florida,

14  as amended by chapters 84-270, 86-152, and 89-252, Laws of

15  Florida, shall receive the guaranteed amount for each fiscal

16  year.

17         (b)  Each county other than a county that has

18  implemented the provisions of chapter 83-220, Laws of Florida,

19  as amended by chapters 84-270, 86-152, and 89-252, Laws of

20  Florida, may receive an additional share calculated as

21  follows:

22         1.  Multiply each county's percentage of the total

23  state population excluding the population of any county that

24  has implemented the provisions of chapter 83-220, Laws of

25  Florida, as amended by chapters 84-270, 86-152, and 89-252,

26  Laws of Florida, by the total funds to be distributed.

27         2.  If the result in subparagraph 1. is less than the

28  guaranteed amount as determined in subsection (3), that

29  county's additional share shall be zero.

30         3.  For each county in which the result in subparagraph

31  1. is greater than the guaranteed amount as determined in

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  1  subsection (3), the amount calculated in subparagraph 1. shall

  2  be reduced by the guaranteed amount.  The result for each such

  3  county shall be expressed as a percentage of the amounts so

  4  determined for all counties.  Each such county shall receive

  5  an additional share equal to such percentage multiplied by the

  6  total funds received by the Local Government Housing Trust

  7  Fund pursuant to s. 201.15(6) reduced by the guaranteed amount

  8  paid to all counties.

  9         (2)  Effective July 1, 1995, distributions calculated

10  in this section shall be disbursed on a monthly basis by the

11  corporation agency beginning the first day of the month after

12  program approval pursuant to s. 420.9072.  Each county's share

13  of the funds to be distributed from the portion of the funds

14  in the Local Government Housing Trust Fund received pursuant

15  to s. 201.15(7) shall be calculated by the corporation agency

16  for each fiscal year as follows:

17         (a)  Each county shall receive the guaranteed amount

18  for each fiscal year.

19         (b)  Each county may receive an additional share

20  calculated as follows:

21         1.  Multiply each county's percentage of the total

22  state population, by the total funds to be distributed.

23         2.  If the result in subparagraph 1. is less than the

24  guaranteed amount as determined in subsection (3), that

25  county's additional share shall be zero.

26         3.  For each county in which the result in subparagraph

27  1. is greater than the guaranteed amount, the amount

28  calculated in subparagraph 1. shall be reduced by the

29  guaranteed amount.  The result for each such county shall be

30  expressed as a percentage of the amounts so determined for all

31  counties.  Each such county shall receive an additional share

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  1  equal to this percentage multiplied by the total funds

  2  received by the Local Government Housing Trust Fund pursuant

  3  to s. 201.15(7) as reduced by the guaranteed amount paid to

  4  all counties.

  5

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

  7         redesignation of the Florida Housing Finance

  8         Agency as the Florida Housing Finance

  9         Corporation by s. 7, ch. 97-167, Laws of

10         Florida.

11

12         Section 83.  Effective July 1, 2001, subsections (1)

13  and (2) of section 420.9073, Florida Statutes, as amended by

14  section 49 of chapter 99-247, Laws of Florida, are amended to

15  read:

16         420.9073  Local housing distributions.--

17         (1)  Distributions calculated in this section shall be

18  disbursed on a monthly basis by the corporation agency

19  beginning the first day of the month after program approval

20  pursuant to s. 420.9072.  Each county's share of the funds to

21  be distributed from the portion of the funds in the Local

22  Government Housing Trust Fund received pursuant to s.

23  201.15(9) shall be calculated by the corporation agency for

24  each fiscal year as follows:

25         (a)  Each county other than a county that has

26  implemented the provisions of chapter 83-220, Laws of Florida,

27  as amended by chapters 84-270, 86-152, and 89-252, Laws of

28  Florida, shall receive the guaranteed amount for each fiscal

29  year.

30         (b)  Each county other than a county that has

31  implemented the provisions of chapter 83-220, Laws of Florida,

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  1  as amended by chapters 84-270, 86-152, and 89-252, Laws of

  2  Florida, may receive an additional share calculated as

  3  follows:

  4         1.  Multiply each county's percentage of the total

  5  state population excluding the population of any county that

  6  has implemented the provisions of chapter 83-220, Laws of

  7  Florida, as amended by chapters 84-270, 86-152, and 89-252,

  8  Laws of Florida, by the total funds to be distributed.

  9         2.  If the result in subparagraph 1. is less than the

10  guaranteed amount as determined in subsection (3), that

11  county's additional share shall be zero.

12         3.  For each county in which the result in subparagraph

13  1. is greater than the guaranteed amount as determined in

14  subsection (3), the amount calculated in subparagraph 1. shall

15  be reduced by the guaranteed amount.  The result for each such

16  county shall be expressed as a percentage of the amounts so

17  determined for all counties.  Each such county shall receive

18  an additional share equal to such percentage multiplied by the

19  total funds received by the Local Government Housing Trust

20  Fund pursuant to s. 201.15(9) reduced by the guaranteed amount

21  paid to all counties.

22         (2)  Effective July 1, 1995, distributions calculated

23  in this section shall be disbursed on a monthly basis by the

24  corporation agency beginning the first day of the month after

25  program approval pursuant to s. 420.9072.  Each county's share

26  of the funds to be distributed from the portion of the funds

27  in the Local Government Housing Trust Fund received pursuant

28  to s. 201.15(10) shall be calculated by the corporation agency

29  for each fiscal year as follows:

30         (a)  Each county shall receive the guaranteed amount

31  for each fiscal year.

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  1         (b)  Each county may receive an additional share

  2  calculated as follows:

  3         1.  Multiply each county's percentage of the total

  4  state population, by the total funds to be distributed.

  5         2.  If the result in subparagraph 1. is less than the

  6  guaranteed amount as determined in subsection (3), that

  7  county's additional share shall be zero.

  8         3.  For each county in which the result in subparagraph

  9  1. is greater than the guaranteed amount, the amount

10  calculated in subparagraph 1. shall be reduced by the

11  guaranteed amount.  The result for each such county shall be

12  expressed as a percentage of the amounts so determined for all

13  counties.  Each such county shall receive an additional share

14  equal to this percentage multiplied by the total funds

15  received by the Local Government Housing Trust Fund pursuant

16  to s. 201.15(10) as reduced by the guaranteed amount paid to

17  all counties.

18

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

20         redesignation of the Florida Housing Finance

21         Agency as the Florida Housing Finance

22         Corporation by s. 7, ch. 97-167, Laws of

23         Florida.

24

25         Section 84.  Subsection (2) of section 421.10, Florida

26  Statutes, is amended to read:

27         421.10  Rentals and tenant selection.--

28         (2)  Nothing contained in this section or s. 421.09,

29  shall be construed as limiting the power of an authority to

30  vest in an obligee the right, in the event of a default by the

31  authority, to take possession of a housing project or cause

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  1  the appointment of a receiver thereof, free from all the

  2  restrictions imposed by this section or s. 421.09 the

  3  preceding section.

  4

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

  6         codification of s. 9, ch. 17981, 1937, Laws of

  7         Florida, as s. 421.09. Section 421.10 was

  8         enacted by s. 10, ch. 17981, 1937, and included

  9         the reference to "the preceding section."

10

11         Section 85.  Section 421.33, Florida Statutes, is

12  amended to read:

13         421.33  Housing applications by farmers.--The owner of

14  any farm operated, or worked upon, by farmers of low income in

15  need of safe and sanitary housing may file an application with

16  a housing authority created for a county or a regional housing

17  authority requesting that it provide for a safe and sanitary

18  dwelling or dwellings for occupancy by such farmers of low

19  income.  Such applications shall be received and examined by

20  housing authorities in connection with the formulation of

21  projects or programs to provide housing for farmers of low

22  income. Provided, however, that if it becomes necessary for an

23  applicant under this section paragraph to convey any portion

24  of the applicant's then homestead in order to take advantages

25  as provided herein, then in that event, the parting with title

26  to a portion of said homestead shall not affect the remaining

27  portion of same, but all rights that said owner may have in

28  and to same under and by virtue of the Constitution of the

29  state or any law passed pursuant thereto, shall be deemed and

30  held to apply to such remaining portion of said land, the

31  title of which remains in said applicant; it being the

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  1  intention of the Legislature to permit the owner of any farm

  2  operated or worked upon by farmers of low income in need of

  3  safe and sanitary housing to take advantage of the provisions

  4  of this law without jeopardizing their rights in their then

  5  homestead by reason of any requirement that may be necessary

  6  in order for them to receive the benefits herein provided; and

  7  no court shall ever construe that an applicant who has taken

  8  advantage of this law has in any manner, shape or form

  9  abandoned his or her rights in any property that is the

10  applicant's then homestead by virtue of such action upon his

11  or her part, but it shall be held, construed and deemed that

12  such action upon the part of any applicant hereunder was not

13  any abandonment of the applicant's then homestead, and that

14  all rights that the applicant then had therein shall be and

15  remain as provided by the Constitution and any law enacted

16  pursuant thereto.

17

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

19         facilitate correct interpretation. Section

20         421.33 is not divided into paragraphs.

21

22         Section 86.  Paragraph (i) of subsection (1) of section

23  430.502, Florida Statutes, is amended to read:

24         430.502  Alzheimer's disease; memory disorder clinics

25  and day care and respite care programs.--

26         (1)  There is established:

27         (i)  A memory disorder clinic at Tallahassee Memorial

28  Healthcare Regional Medical Center;

29

30  for the purpose of conducting research and training in a

31  diagnostic and therapeutic setting for persons suffering from

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  1  Alzheimer's disease and related memory disorders.  However,

  2  memory disorder clinics funded as of June 30, 1995, shall not

  3  receive decreased funding due solely to subsequent additions

  4  of memory disorder clinics in this subsection.

  5

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

  7         current name of the hospital.

  8

  9         Section 87.  Paragraph (z) of subsection (2) and

10  paragraph (a) of subsection (3) of section 435.03, Florida

11  Statutes, are amended to read:

12         435.03  Level 1 screening standards.--

13         (2)  Any person for whom employment screening is

14  required by statute must not have been found guilty of,

15  regardless of adjudication, or entered a plea of nolo

16  contendere or guilty to, any offense prohibited under any of

17  the following provisions of the Florida Statutes or under any

18  similar statute of another jurisdiction:

19         (z)  Former s. Section 827.05, relating to negligent

20  treatment of children.

21         (3)  Standards must also ensure that the person:

22         (a)  For employees and employers licensed or registered

23  pursuant to chapter 400, does not have a confirmed report of

24  abuse, neglect, or exploitation as defined in s. 415.102(6)

25  415.102(5), which has been uncontested or upheld under s.

26  415.103.

27

28         Reviser's note.--Paragraph (2)(z) is amended to

29         improve clarity and facilitate correct

30         interpretation. Section 827.05 was repealed by

31         s. 11, ch. 96-322, Laws of Florida, and by s.

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  1         31, ch. 96-388, Laws of Florida. Paragraph

  2         (3)(a) is amended to conform to the

  3         redesignation of s. 415.102(5) as s. 415.102(6)

  4         by s. 94, ch. 95-418, Laws of Florida.

  5

  6         Section 88.  Paragraph (ee) of subsection (2) and

  7  paragraph (a) of subsection (3) of section 435.04, Florida

  8  Statutes, are amended to read:

  9         435.04  Level 2 screening standards.--

10         (2)  The security background investigations under this

11  section must ensure that no persons subject to the provisions

12  of this section have been found guilty of, regardless of

13  adjudication, or entered a plea of nolo contendere or guilty

14  to, any offense prohibited under any of the following

15  provisions of the Florida Statutes or under any similar

16  statute of another jurisdiction:

17         (ee)  Former s. Section 827.05, relating to negligent

18  treatment of children.

19         (3)  Standards must also ensure that the person:

20         (a)  For employees or employers licensed or registered

21  pursuant to chapter 400, does not have a confirmed report of

22  abuse, neglect, or exploitation as defined in s. 415.102(6)

23  415.102(5), which has been uncontested or upheld under s.

24  415.103.

25

26         Reviser's note.--Paragraph (2)(ee) is amended

27         to improve clarity and facilitate correct

28         interpretation. Section 827.05 was repealed by

29         s. 11, ch. 96-322, Laws of Florida, and by s.

30         31, ch. 96-388, Laws of Florida. Paragraph

31         (3)(a) is amended to conform to the

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  1         redesignation of s. 415.102(5) as s. 415.102(6)

  2         by s. 94, ch. 95-418, Laws of Florida.

  3

  4         Section 89.  Paragraph (d) of subsection (23) and

  5  subsection (33) of section 440.02, Florida Statutes, are

  6  amended to read:

  7         440.02  Definitions.--When used in this chapter, unless

  8  the context clearly requires otherwise, the following terms

  9  shall have the following meanings:

10         (23)  "Self-insurer" means:

11         (d)  A public utility as defined in s. 364.02 or s.

12  366.02 that has assumed by contract the liabilities of

13  contractors or subcontractors pursuant to s. 624.46225

14  440.571; or

15         (33)  "Insolvent member" means an individual

16  self-insurer which is a member of the Florida Self-Insurers

17  Guaranty Association, Incorporated, or which was a member and

18  has withdrawn pursuant to s. 440.385(1)(b), and which has been

19  found insolvent, as defined in subparagraph (34)(a)1.,

20  subparagraph (34)(a)2., or subparagraph (34)(a)3. paragraph

21  (34)(a), paragraph (34)(b), or paragraph (34)(c), by a court

22  of competent jurisdiction in this or any other state, or meets

23  the definition of subparagraph (34)(a)4. paragraph (34)(d).

24

25         Reviser's note.--Paragraph (23)(d) is amended

26         to conform to the redesignation of s. 440.571

27         as s. 624.46225 by s. 81, ch. 93-415, Laws of

28         Florida. Subsection (33) is amended to conform

29         to the redesignation of paragraphs (31)(a),

30         (b), (c), and (d) as subparagraphs (31)(a)1.,

31         2., 3., and 4. by s. 2, ch. 93-415, and the

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  1         further redesignation of subsection (31) as

  2         subsection (34) by s. 1, ch. 98-174, Laws of

  3         Florida.

  4

  5         Section 90.  Section 440.021, Florida Statutes, is

  6  amended to read:

  7         440.021  Exemption of workers' compensation from

  8  chapter 120.--Workers' compensation adjudications by judges of

  9  compensation claims are exempt from chapter 120, and no judge

10  of compensation claims shall be considered an agency or a part

11  thereof. Communications of the result of investigations by the

12  division pursuant to s. 440.185(4) are exempt from chapter

13  120. In all instances in which the division institutes action

14  to collect a penalty or interest which may be due pursuant to

15  this chapter, the penalty or interest shall be assessed

16  without hearing, and the party against which such penalty or

17  interest is assessed shall be given written notice of such

18  assessment and shall have the right to protest within 20 days

19  of such notice. Upon receipt of a timely notice of protest and

20  after such investigation as may be necessary, the division

21  shall, if it agrees with such protest, notify the protesting

22  party that the assessment has been revoked.  If the division

23  does not agree with the protest, it shall refer the matter to

24  the judge of compensation claims for determination pursuant to

25  s. 440.25(2)-(5) 440.25(3) and (4).  Such action of the

26  division is exempt from the provisions of chapter 120.

27

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

29         redesignation of s. 440.25(3) and (4) as s.

30         440.25(2)-(5) by s. 30, ch. 93-415, Laws of

31         Florida.

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  1         Section 91.  Subsection (4) of section 440.14, Florida

  2  Statutes, is amended to read:

  3         440.14  Determination of pay.--

  4         (4)  Upon termination of the employee or upon

  5  termination of the payment of fringe benefits of any employee

  6  who is collecting indemnity benefits pursuant to s. 440.15(2)

  7  or (3)(b), the employer shall within 7 days of such

  8  termination file a corrected 13-week wage statement reflecting

  9  the wages paid and the fringe benefits that had been paid to

10  the injured employee as defined in s. 440.02(27) 440.02(21).

11

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

13         redesignation of s. 440.02(21) as s. 440.02(23)

14         by s. 3, ch. 89-289, Laws of Florida; further

15         redesignation as s. 440.02(24) by s. 9, ch.

16         90-201, Laws of Florida; and further

17         redesignation as s. 440.02(27) by s. 1, ch.

18         98-174, Laws of Florida.

19

20         Section 92.  Paragraph (f) of subsection (1), paragraph

21  (c) of subsection (2), and paragraph (c) of subsection (10) of

22  section 440.15, Florida Statutes, are amended to read:

23         440.15  Compensation for disability.--Compensation for

24  disability shall be paid to the employee, subject to the

25  limits provided in s. 440.12(2), as follows:

26         (1)  PERMANENT TOTAL DISABILITY.--

27         (f)1.  If permanent total disability results from

28  injuries that occurred subsequent to June 30, 1955, and for

29  which the liability of the employer for compensation has not

30  been discharged under s. 440.20(11) 440.20(12), the injured

31  employee shall receive additional weekly compensation benefits

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  1  equal to 5 percent of her or his weekly compensation rate, as

  2  established pursuant to the law in effect on the date of her

  3  or his injury, multiplied by the number of calendar years

  4  since the date of injury. The weekly compensation payable and

  5  the additional benefits payable under this paragraph, when

  6  combined, may not exceed the maximum weekly compensation rate

  7  in effect at the time of payment as determined pursuant to s.

  8  440.12(2). Entitlement to these supplemental payments shall

  9  cease at age 62 if the employee is eligible for social

10  security benefits under 42 U.S.C. ss. 402 and 423, whether or

11  not the employee has applied for such benefits. These

12  supplemental benefits shall be paid by the division out of the

13  Workers' Compensation Administration Trust Fund when the

14  injury occurred subsequent to June 30, 1955, and before July

15  1, 1984. These supplemental benefits shall be paid by the

16  employer when the injury occurred on or after July 1, 1984.

17  Supplemental benefits are not payable for any period prior to

18  October 1, 1974.

19         2.a.  The division shall provide by rule for the

20  periodic reporting to the division of all earnings of any

21  nature and social security income by the injured employee

22  entitled to or claiming additional compensation under

23  subparagraph 1. Neither the division nor the employer or

24  carrier shall make any payment of those additional benefits

25  provided by subparagraph 1. for any period during which the

26  employee willfully fails or refuses to report upon request by

27  the division in the manner prescribed by such rules.

28         b.  The division shall provide by rule for the periodic

29  reporting to the employer or carrier of all earnings of any

30  nature and social security income by the injured employee

31  entitled to or claiming benefits for permanent total

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  1  disability. The employer or carrier is not required to make

  2  any payment of benefits for permanent total disability for any

  3  period during which the employee willfully fails or refuses to

  4  report upon request by the employer or carrier in the manner

  5  prescribed by such rules or if any employee who is receiving

  6  permanent total disability benefits refuses to apply for or

  7  cooperate with the employer or carrier in applying for social

  8  security benefits.

  9         3.  When an injured employee receives a full or partial

10  lump-sum advance of the employee's permanent total disability

11  compensation benefits, the employee's benefits under this

12  paragraph shall be computed on the employee's weekly

13  compensation rate as reduced by the lump-sum advance.

14         (2)  TEMPORARY TOTAL DISABILITY.--

15         (c)  Temporary total disability benefits paid pursuant

16  to this subsection shall include such period as may be

17  reasonably necessary for training in the use of artificial

18  members and appliances, and shall include such period as the

19  employee may be receiving training and education under a

20  program pursuant to s. 440.49(1). Notwithstanding s. 440.02(9)

21  440.02(8), the date of maximum medical improvement for

22  purposes of paragraph (3)(b) shall be no earlier than the last

23  day for which such temporary disability benefits are paid.

24         (10)  EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER

25  AND FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

26  ACT.--

27         (c)  No disability compensation benefits payable for

28  any week, including those benefits provided by paragraph

29  (1)(f) (1)(e), shall be reduced pursuant to this subsection

30  until the Social Security Administration determines the amount

31  otherwise payable to the employee under 42 U.S.C. ss. 402 and

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  1  423 and the employee has begun receiving such social security

  2  benefit payments. The employee shall, upon demand by the

  3  division, the employer, or the carrier, authorize the Social

  4  Security Administration to release disability information

  5  relating to her or him and authorize the Division of

  6  Unemployment Compensation to release unemployment compensation

  7  information relating to her or him, in accordance with rules

  8  to be promulgated by the division prescribing the procedure

  9  and manner for requesting the authorization and for compliance

10  by the employee. Neither the division nor the employer or

11  carrier shall make any payment of benefits for total

12  disability or those additional benefits provided by paragraph

13  (1)(f) (1)(e) for any period during which the employee

14  willfully fails or refuses to authorize the release of

15  information in the manner and within the time prescribed by

16  such rules. The authority for release of disability

17  information granted by an employee under this paragraph shall

18  be effective for a period not to exceed 12 months, such

19  authority to be renewable as the division may prescribe by

20  rule.

21

22         Reviser's note.--Paragraph (1)(f) is amended to

23         conform to the redesignation of s. 440.20(12)

24         as s. 440.20(11) by s. 26, ch. 93-415, Laws of

25         Florida. Paragraph (2)(c) is amended to conform

26         to the redesignation of s. 440.02(8) as s.

27         440.02(9) by s. 1, ch. 98-174, Laws of Florida.

28         Paragraph (10)(c) is amended to conform to the

29         redesignation of s. 440.15(1)(e) as s.

30         440.15(1)(f) by s. 20, ch. 93-415.

31

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  1         Section 93.  Subsection (7) of section 440.185, Florida

  2  Statutes, is amended to read:

  3         440.185  Notice of injury or death; reports; penalties

  4  for violations.--

  5         (7)  Every carrier shall file with the division within

  6  21 days after the issuance of a policy or contract of

  7  insurance such policy information as the division may require,

  8  including notice of whether the policy is a minimum premium

  9  policy. Notice of cancellation or expiration of a policy as

10  set out in s. 440.42(3) 440.42(2) shall be mailed to the

11  division in accordance with rules promulgated by the division

12  under chapter 120.

13

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

15         redesignation of s. 440.42(2) as s. 440.42(3)

16         by s. 10, ch. 98-174, Laws of Florida.

17

18         Section 94.  Subsection (1) of section 440.191, Florida

19  Statutes, is reenacted to read:

20         440.191  Employee Assistance and Ombudsman Office.--

21         (1)(a)  In order to effect the self-executing features

22  of the Workers' Compensation Law, this chapter shall be

23  construed to permit injured employees and employers or the

24  employer's carrier to resolve disagreements without undue

25  expense, costly litigation, or delay in the provisions of

26  benefits. It is the duty of all who participate in the

27  workers' compensation system, including, but not limited to,

28  carriers, service providers, health care providers, attorneys,

29  employers, and employees, to attempt to resolve disagreements

30  in good faith and to cooperate with the division's efforts to

31  resolve disagreements between the parties. The division may by

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  1  rule prescribe definitions that are necessary for the

  2  effective administration of this section.

  3         (b)  An Employee Assistance and Ombudsman Office is

  4  created within the Division of Workers' Compensation to inform

  5  and assist injured workers, employers, carriers, and health

  6  care providers in fulfilling their responsibilities under this

  7  chapter. The division may by rule specify forms and procedures

  8  for administering requests for assistance provided by this

  9  section.

10         (c)  The Employee Assistance and Ombudsman Office,

11  Division of Workers' Compensation, shall be a resource

12  available to all employees who participate in the workers'

13  compensation system and shall take all steps necessary to

14  educate and disseminate information to employees and

15  employers.

16

17         Reviser's note.--Section 5, ch. 98-125, Laws of

18         Florida, purported to amend s. 440.191(1), but

19         failed to republish paragraph (1)(c). In the

20         absence of affirmative evidence that the

21         Legislature intended to repeal paragraph

22         (1)(c), subsection (1) is reenacted to confirm

23         that the omission was not intended.

24

25         Section 95.  Subsection (3) of section 440.25, Florida

26  Statutes, is amended to read:

27         440.25  Procedures for mediation and hearings.--

28         (3)  Such mediation conference shall be conducted

29  informally and does not require the use of formal rules of

30  evidence or procedure. Any information from the files,

31  reports, case summaries, mediator's notes, or other

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  1  communications or materials, oral or written, relating to a

  2  mediation conference under this section obtained by any person

  3  performing mediation duties is privileged and confidential and

  4  may not be disclosed without the written consent of all

  5  parties to the conference. Any research or evaluation effort

  6  directed at assessing the mediation program activities or

  7  performance must protect the confidentiality of such

  8  information. Each party to a mediation conference has a

  9  privilege during and after the conference to refuse to

10  disclose and to prevent another from disclosing communications

11  made during the conference whether or not the contested issues

12  are successfully resolved. This subsection and paragraphs

13  (4)(a) and (b) paragraph shall not be construed to prevent or

14  inhibit the discovery or admissibility of any information that

15  is otherwise subject to discovery or that is admissible under

16  applicable law or rule of procedure, except that any conduct

17  or statements made during a mediation conference or in

18  negotiations concerning the conference are inadmissible in any

19  proceeding under this chapter. The Chief Judge shall select a

20  mediator. The mediator shall be employed on a full-time basis

21  by the Office of the Judges of Compensation Claims. A mediator

22  must be a member of The Florida Bar for at least 5 years and

23  must complete a mediation training program approved by the

24  Chief Judge. Adjunct mediators may be employed by the Office

25  of the Judges of Compensation Claims on an as-needed basis and

26  shall be selected from a list prepared by the Chief Judge. An

27  adjunct mediator must be independent of all parties

28  participating in the mediation conference. An adjunct mediator

29  must be a member of The Florida Bar for at least 5 years and

30  must complete a mediation training program approved by the

31  Chief Judge. An adjunct mediator shall have access to the

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  1  office, equipment, and supplies of the judge of compensation

  2  claims in each district. In the event both parties agree, the

  3  results of the mediation conference shall be binding and

  4  neither party shall have a right to appeal the results. In the

  5  event either party refuses to agree to the results of the

  6  mediation conference, the results of the mediation conference

  7  as well as the testimony, witnesses, and evidence presented at

  8  the conference shall not be admissible at any subsequent

  9  proceeding on the claim. The mediator shall not be called in

10  to testify or give deposition to resolve any claim for any

11  hearing before the judge of compensation claims. The employer

12  may be represented by an attorney at the mediation conference

13  if the employee is also represented by an attorney at the

14  mediation conference.

15

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

17         redesignation of former s. 440.25(3)(b) as s.

18         440.25(3) and (4)(a) and (b) by s. 30, ch.

19         93-415, Laws of Florida.

20

21         Section 96.  Paragraphs (d) and (f) of subsection (1)

22  of section 440.38, Florida Statutes, are amended to read:

23         440.38  Security for compensation; insurance carriers

24  and self-insurers.--

25         (1)  Every employer shall secure the payment of

26  compensation under this chapter:

27         (d)  By entering into an interlocal agreement with

28  other local governmental entities to create a local government

29  pool pursuant to s. 624.4622 440.575;

30         (f)  By entering into a contract with an individual

31  self-insurer under an approved individual

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  1  self-insurer-provided self-insurance program as set forth in

  2  s. 624.46225 440.571.  The division may adopt rules to

  3  implement this subsection.

  4

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

  6         conform to the redesignation of s. 440.575 as

  7         s. 624.4622 by s. 80, ch. 93-415, Laws of

  8         Florida. Paragraph (1)(f) is amended to conform

  9         to the redesignation of s. 440.571 as s.

10         624.46225 by s. 81, ch. 93-415.

11

12         Section 97.  Paragraph (a) of subsection (1) of section

13  440.385, Florida Statutes, is amended to read:

14         440.385  Florida Self-Insurers Guaranty Association,

15  Incorporated.--

16         (1)  CREATION OF ASSOCIATION.--

17         (a)  There is created a nonprofit corporation to be

18  known as the "Florida Self-Insurers Guaranty Association,

19  Incorporated," hereinafter referred to as "the association."

20  Upon incorporation of the association, all individual

21  self-insurers as defined in ss. 440.02(23)(a) 440.02(21)(a)

22  and 440.38(1)(b), other than individual self-insurers which

23  are public utilities or governmental entities, shall be

24  members of the association as a condition of their authority

25  to individually self-insure in this state.  The association

26  shall perform its functions under a plan of operation as

27  established and approved under subsection (5) and shall

28  exercise its powers and duties through a board of directors as

29  established under subsection (2). The corporation shall have

30  those powers granted or permitted corporations not for profit,

31  as provided in chapter 617.

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

  2         redesignation of s. 440.02(21)(a) as s.

  3         440.02(23)(a) by s. 1, ch. 98-174, Laws of

  4         Florida.

  5

  6         Section 98.  Subsections (4) and (5), paragraph (c) of

  7  subsection (6), paragraph (e) of subsection (7), and paragraph

  8  (b) of subsection (13) of section 440.49, Florida Statutes,

  9  are amended to read:

10         440.49  Limitation of liability for subsequent injury

11  through Special Disability Trust Fund.--

12         (4)  PERMANENT IMPAIRMENT OR PERMANENT TOTAL

13  DISABILITY, TEMPORARY BENEFITS, MEDICAL BENEFITS, OR ATTENDANT

14  CARE AFTER OTHER PHYSICAL IMPAIRMENT.--

15         (a)  Permanent impairment.--If an employee who has a

16  preexisting permanent physical impairment incurs a subsequent

17  permanent impairment from injury or occupational disease

18  arising out of, and in the course of, her or his employment

19  which merges with the preexisting permanent physical

20  impairment to cause a permanent impairment, the employer

21  shall, in the first instance, pay all benefits provided by

22  this chapter; but, subject to the limitations specified in

23  subsection (6), such employer shall be reimbursed from the

24  Special Disability Trust Fund created by subsection (9) (8)

25  for 50 percent of all impairment benefits which the employer

26  has been required to provide pursuant to s. 440.15(3)(a) as a

27  result of the subsequent accident or occupational disease.

28         (b)  Permanent total disability.--If an employee who

29  has a preexisting permanent physical impairment incurs a

30  subsequent permanent impairment from injury or occupational

31  disease arising out of, and in the course of, her or his

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  1  employment which merges with the preexisting permanent

  2  physical impairment to cause permanent total disability, the

  3  employer shall, in the first instance, pay all benefits

  4  provided by this chapter; but, subject to the limitations

  5  specified in subsection (6), such employer shall be reimbursed

  6  from the Special Disability Trust Fund created by subsection

  7  (9) (8) for 50 percent of all compensation for permanent total

  8  disability.

  9         (c)  Temporary compensation and medical benefits;

10  aggravation or acceleration of preexisting condition or

11  circumstantial causation.--If an employee who has a

12  preexisting permanent physical impairment experiences an

13  aggravation or acceleration of the preexisting permanent

14  physical impairment as a result of an injury or occupational

15  disease arising out of and in the course of her or his

16  employment, or suffers an injury as a result of a merger as

17  defined in paragraph(2)(c) subparagraph (1)(b)2., the employer

18  shall provide all benefits provided by this chapter, but,

19  subject to the limitations specified in subsection (7), the

20  employer shall be reimbursed by the Special Disability Trust

21  Fund created by subsection (9) (8) for 50 percent of its

22  payments for temporary, medical, and attendant care benefits.

23         (5)  WHEN DEATH RESULTS.--If death results from the

24  subsequent permanent impairment contemplated in subsection (4)

25  paragraph (c) within 1 year after the subsequent injury, or

26  within 5 years after the subsequent injury when disability has

27  been continuous since the subsequent injury, and it is

28  determined that the death resulted from a merger, the employer

29  shall, in the first instance, pay the funeral expenses and the

30  death benefits prescribed by this chapter; but, subject to the

31  limitations specified in subsection (6), she or he shall be

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  1  reimbursed from the Special Disability Trust Fund created by

  2  subsection (9) (8) for the last 50 percent of all compensation

  3  allowable and paid for such death and for 50 percent of the

  4  amount paid as funeral expenses.

  5         (6)  EMPLOYER KNOWLEDGE, EFFECT ON REIMBURSEMENT.--

  6         (c)  An employer's or carrier's right to apportionment

  7  or deduction pursuant to ss. 440.02(1), 440.15(5)(b), and

  8  440.151(1)(c) does not preclude reimbursement from such fund,

  9  except when the merger comes within the definition of

10  paragraph (2)(c) subparagraph (2)(b)2. and such apportionment

11  or deduction relieves the employer or carrier from providing

12  the materially and substantially greater permanent disability

13  benefits otherwise contemplated in those paragraphs.

14         (7)  REIMBURSEMENT OF EMPLOYER.--

15         (e)  For dates of accident on or after January 1, 1994,

16  the Special Disability Trust Fund shall, within 120 days of

17  receipt of notice that a carrier has been required to pay, and

18  has paid over $10,000 in benefits, serve notice of the

19  acceptance of the claim for reimbursement. Failure of the

20  Special Disability Trust Fund to serve notice of acceptance

21  shall give rise to the right to request a hearing on the claim

22  for reimbursement. If the Special Disability Trust Fund

23  through its representative denies or controverts the claim,

24  the right to such reimbursement shall be barred unless an

25  application for a hearing thereon is filed with the division

26  or administrator at Tallahassee within 60 days after notice to

27  the employer or carrier of such denial or controversion. When

28  such application for a hearing is timely filed, the claim

29  shall be heard and determined in accordance with the procedure

30  prescribed in s. 440.25, to the extent that such procedure is

31  applicable, and in accordance with the workers' compensation

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  1  rules of procedure. In such proceeding on a claim for

  2  reimbursement, the Special Disability Trust Fund shall be made

  3  the party respondent, and no findings of fact made with

  4  respect to the claim of the injured employee or the dependents

  5  for compensation, including any finding made or order entered

  6  pursuant to s. 440.20(11) 440.20(12), shall be res judicata.

  7  The Special Disability Trust Fund may not be joined or made a

  8  party to any controversy or dispute between an employee and

  9  the dependents and the employer or between two or more

10  employers or carriers without the written consent of the fund.

11         (13)  SPECIAL DISABILITY TRUST FUND PRIVATIZATION

12  COMMISSION.--

13         (b)  Consistent with the closing of the fund provided

14  in subsection (11), the Special Disability Trust Fund

15  Privatization Commission is authorized to contract with an

16  administrator to review, allow, deny, compromise, controvert,

17  and litigate claims of the Special Disability Trust Fund under

18  this section.  The commission, in consultation with the

19  division, is authorized to contract with a qualified entity to

20  assume the reimbursement obligations of the Special Disability

21  Trust Fund for claims which have previously been have accepted

22  for reimbursement by the Special Disability Trust Fund and

23  claims which are determined to be reimbursable by the Special

24  Disability Trust Fund.  The qualified entity and the

25  administrator shall not be affiliates of the other, and shall

26  not establish or maintain a financial or contractual agreement

27  with each other for purposes of this section. On or before

28  July 1, 1999, the commission, in consultation with the

29  division, may develop and issue a request for proposal for the

30  transfer and assumption of liabilities, and administration of

31  certain functions related to claims of the Special Disability

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  1  Trust Fund. The administrator shall have experience in

  2  workers' compensation claims management of sufficient scope

  3  and size to undertake the duties and responsibilities of this

  4  section and shall demonstrate the ability to meet the criteria

  5  established by the commission, which shall include the ability

  6  to substantially reduce the overall costs of reviewing and

  7  reimbursing claims, and to settle and extinguish the

  8  liabilities of the Special Disability Trust Fund in a more

  9  cost-efficient and more timely manner than presently provided

10  by the division. In the event liabilities on the Special

11  Disabilities Trust Fund are transferred to and assumed by a

12  qualified entity, such entity shall provide the state with

13  financial assurance as to the satisfaction of any such

14  liabilities or claims and the state and the Special Disability

15  Trust Fund shall have no further liability with respect to

16  those liabilities and claims. The financial assurances may

17  include, but are not limited to, cash reserves, reinsurance,

18  guarantees, or letters of credit.

19

20         Reviser's note.--Subsections (4) and (5) are

21         amended to conform to the redesignation of

22         subunits of s. 440.49 by s. 43, ch. 93-415,

23         Laws of Florida. Paragraphs (4)(c) and (6)(c)

24         are amended to conform to the definition of

25         "merger" in paragraph (2)(c). Paragraph (7)(e)

26         is amended to conform to the redesignation of

27         s. 440.20(12) as s. 440.20(11) by s. 26, ch.

28         93-415. Paragraph (13)(b) is amended to improve

29         clarity and facilitate correct interpretation.

30

31

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  1         Section 99.  Paragraph (b) of subsection (1) and

  2  subsection (5) of section 440.51, Florida Statutes, are

  3  amended to read:

  4         440.51  Expenses of administration.--

  5         (1)  The division shall estimate annually in advance

  6  the amounts necessary for the administration of this chapter,

  7  in the following manner.

  8         (b)  The total expenses of administration shall be

  9  prorated among the insurance companies writing compensation

10  insurance in the state and self-insurers.  The net premiums

11  collected by the companies and the amount of premiums a

12  self-insurer would have to pay if insured are the basis for

13  computing the amount to be assessed. This amount may be

14  assessed as a specific amount or as a percentage of net

15  premiums payable as the division may direct, provided such

16  amount so assessed shall not exceed 4 percent of such net

17  premiums.  The insurance companies may elect to make the

18  payments required under s. 440.15(1)(f) 440.15(1)(e) rather

19  than having these payments made by the division.  In that

20  event, such payments will be credited to the insurance

21  companies, and the amount due by the insurance company under

22  this section will be reduced accordingly.

23         (5)  Any amount so assessed against and paid by an

24  insurance carrier, self-insurer authorized pursuant to s.

25  624.4621 440.57, or commercial self-insurance fund authorized

26  under ss. 624.460-624.488 shall be allowed as a deduction

27  against the amount of any other tax levied by the state upon

28  the premiums, assessments, or deposits for workers'

29  compensation insurance on contracts or policies of said

30  insurance carrier, self-insurer, or commercial self-insurance

31  fund.

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

  2         conform to the redesignation of s. 440.15(1)(e)

  3         as s. 440.15(1)(f) by s. 20, ch. 93-415, Laws

  4         of Florida. Subsection (5) is amended to

  5         conform to the redesignation of s. 440.57 as s.

  6         624.4621 by s. 79, ch. 93-415.

  7

  8         Section 100.  Paragraph (n) of subsection (21) of

  9  section 443.036, Florida Statutes, is amended to read:

10         443.036  Definitions.--As used in this chapter, unless

11  the context clearly requires otherwise:

12         (21)  EMPLOYMENT.--"Employment," subject to the other

13  provisions of this chapter, means any service performed by an

14  employee for the person employing him or her.

15         (n)  Exclusions generally.--The term "employment" does

16  not include:

17         1.  Domestic service in a private home, local college

18  club, or local chapter of a college fraternity or sorority,

19  except as provided in paragraph (g).

20         2.  Service performed on or in connection with a vessel

21  or aircraft not an American vessel or American aircraft, if

22  the employee is employed on and in connection with such vessel

23  or aircraft when outside the United States.

24         3.  Service performed by an individual in, or as an

25  officer or member of the crew of a vessel while it is engaged

26  in, the catching, taking, harvesting, cultivating, or farming

27  of any kind of fish, shellfish, crustacea, sponges, seaweeds,

28  or other aquatic forms of animal and vegetable life, including

29  service performed by any such individual as an ordinary

30  incident to any such activity, except:

31

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  1         a.  Service performed in connection with the catching

  2  or taking of salmon or halibut for commercial purposes.

  3         b.  Service performed on, or in connection with, a

  4  vessel of more than 10 net tons, determined in the manner

  5  provided for determining the register tonnage of merchant

  6  vessels under the laws of the United States.

  7         4.  Service performed by an individual in the employ of

  8  his or her son, daughter, or spouse, including step

  9  relationships, and service performed by a child, or stepchild,

10  under the age of 21 in the employ of his or her father or

11  mother, or stepfather or stepmother.

12         5.  Service performed in the employ of the United

13  States Government or of an instrumentality of the United

14  States which is:

15         a.  Wholly or partially owned by the United States.

16         b.  Exempt from the tax imposed by s. 3301 of the

17  Internal Revenue Code by virtue of any provision of federal

18  law which specifically refers to such section, or the

19  corresponding section of prior law, in granting such

20  exemption; except that to the extent that the Congress shall

21  permit states to require any instrumentalities of the United

22  States to make payments into an unemployment fund under a

23  state unemployment compensation law, all of the provisions of

24  this law shall be applicable to such instrumentalities, and to

25  services performed for such instrumentalities, in the same

26  manner, to the same extent, and on the same terms as to all

27  other employers, employing units, individuals, and services.

28  If this state is not certified for any year by the Secretary

29  of Labor under s. 3304 of the federal Internal Revenue Code,

30  the payments required of such instrumentalities with respect

31  to such year shall be refunded by the division from the fund

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  1  in the same manner and within the same period as is provided

  2  in s. 443.141(6) with respect to contributions erroneously

  3  collected.

  4         6.  Service performed in the employ of a state, or any

  5  political subdivision thereof, or any instrumentality of any

  6  one or more of the foregoing which is wholly owned by one or

  7  more states or political subdivisions, except as provided in

  8  paragraph (b), and any service performed in the employ of any

  9  instrumentality of one or more states or political

10  subdivisions, to the extent that the instrumentality is, with

11  respect to such service, immune under the Constitution of the

12  United States from the tax imposed by s. 3301 of the Internal

13  Revenue Code.

14         7.  Service performed in the employ of a corporation,

15  community chest, fund, or foundation, organized and operated

16  exclusively for religious, charitable, scientific, testing for

17  public safety, literary, or educational purposes, or for the

18  prevention of cruelty to children or animals, no part of the

19  net earnings of which inures to the benefit of any private

20  shareholder or individual, no substantial part of the

21  activities of which is carrying on propaganda or otherwise

22  attempting to influence legislation, and which does not

23  participate in, or intervene in (including the publishing or

24  distributing of statements), any political campaign on behalf

25  of any candidate for public office, except as provided in

26  paragraph (c).

27         8.  Service with respect to which unemployment

28  compensation is payable under an unemployment compensation

29  system established by an Act of Congress.

30         9.a.  Service performed in any calendar quarter in the

31  employ of any organization exempt from income tax under s.

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  1  501(a) of the Internal Revenue Code, other than an

  2  organization described in s. 401(a), or under s. 521, if the

  3  remuneration for such service is less than $50.

  4         b.  Service performed in the employ of a school,

  5  college, or university, if such service is performed by a

  6  student who is enrolled and is regularly attending classes at

  7  such school, college, or university.

  8         10.  Service performed in the employ of a foreign

  9  government, including service as a consular or other officer

10  or employee of a nondiplomatic representative.

11         11.  Service performed in the employ of an

12  instrumentality wholly owned by a foreign government:

13         a.  If the service is of a character similar to that

14  performed in foreign countries by employees of the United

15  States Government or of an instrumentality thereof; and

16         b.  The Secretary of State shall certify to the

17  Secretary of the Treasury that the foreign government, with

18  respect to whose instrumentality exemption is claimed, grants

19  an equivalent exemption with respect to similar service

20  performed in the foreign country by employees of the United

21  States Government and of instrumentalities thereof.

22         12.  Service performed as a student nurse in the employ

23  of a hospital or a nurses' training school by an individual

24  who is enrolled and is regularly attending classes in a

25  nurses' training school chartered or approved pursuant to a

26  state law; service performed as an intern in the employ of a

27  hospital by an individual who has completed a 4-year course in

28  a medical school chartered or approved pursuant to state law;

29  and service performed by a patient of a hospital for such

30  hospital.

31

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  1         13.  Service performed by an individual for a person as

  2  an insurance agent or as an insurance solicitor, if all such

  3  service performed by such individual for such person is

  4  performed for remuneration solely by way of commission, except

  5  for such services performed in accordance with 26 U.S.C.S. s.

  6  3306(c)(7) and (8).  For purposes of this subsection, those

  7  benefits excluded from the definition of wages pursuant to

  8  subparagraphs (40)(b)2.-6. (33)(b)2.-6., inclusive, shall not

  9  be considered remuneration.

10         14.  Service performed by an individual for a person as

11  a real estate salesperson or agent, if all such service

12  performed by such individual for such person is performed for

13  remuneration solely by way of commission.

14         15.  Service performed by an individual under the age

15  of 18 in the delivery or distribution of newspapers or

16  shopping news, not including delivery or distribution to any

17  point for subsequent delivery or distribution.

18         16.  Service covered by an arrangement between the

19  division and the agency charged with the administration of any

20  other state or federal unemployment compensation law pursuant

21  to which all services performed by an individual for an

22  employing unit during the period covered by such employing

23  unit's duly approved election are deemed to be performed

24  entirely within such agency's state or under such federal law.

25         17.  Service performed by an individual who is enrolled

26  at a nonprofit or public educational institution which

27  normally maintains a regular faculty and curriculum and

28  normally has a regularly organized body of students in

29  attendance at the place where its educational activities are

30  carried on as a student in a full-time program, taken for

31  credit at such institution, which combines academic

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  1  instruction with work experience, if such service is an

  2  integral part of such program, and such institution has so

  3  certified to the employer, except that this subparagraph does

  4  not apply to service performed in a program established for or

  5  on behalf of an employer or group of employers.

  6         18.  Service performed by an individual for a person as

  7  a barber, if all such service performed by such individual for

  8  such person is performed for remuneration solely by way of

  9  commission.

10         19.  Casual labor not in the course of the employer's

11  trade or business.

12         20.  Service performed by a speech therapist,

13  occupational therapist, or physical therapist who is

14  nonsalaried and working pursuant to a written contract with a

15  home health agency as defined in s. 400.462.

16         21.  Service performed by a direct seller. For purposes

17  of this subparagraph, the term "direct seller" means a person:

18         a.(I)  Who is engaged in the trade or business of

19  selling or soliciting the sale of consumer products to buyers

20  on a buy-sell basis or a deposit-commission basis, or on any

21  similar basis, for resale in the home or in any other place

22  that is not a permanent retail establishment; or

23         (II)  Who is engaged in the trade or business of

24  selling or soliciting the sale of consumer products in the

25  home or in any other place that is not a permanent retail

26  establishment;

27         b.  Substantially all of whose remuneration for

28  services described in sub-subparagraph a., whether or not paid

29  in cash, is directly related to sales or other output, rather

30  than to the number of hours worked; and

31

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  1         c.  Who performs such services pursuant to a written

  2  contract with the person for whom the services are performed,

  3  which contract provides that the person will not be treated as

  4  an employee with respect to such services for federal tax

  5  purposes.

  6         22.  Service performed by a nonresident alien

  7  individual for the period he or she is temporarily present in

  8  the United States as a nonimmigrant under subparagraph (F) or

  9  subparagraph (J) of s. 101(a)(15) of the Immigration and

10  Nationality Act, and which is performed to carry out the

11  purpose specified in subparagraph (F) or subparagraph (J), as

12  the case may be.

13         23.  Service performed by an individual for

14  remuneration for a private, for-profit delivery or messenger

15  service, if the individual:

16         a.  Is free to accept or reject jobs from the delivery

17  or messenger service and the delivery or messenger service has

18  no control over when the individual works;

19         b.  Is remunerated for each delivery, or the

20  remuneration is based on factors that relate to the work

21  performed, including receipt of a percentage of any rate

22  schedule;

23         c.  Pays all expenses and the opportunity for profit or

24  loss rests solely with the individual;

25         d.  Is responsible for operating costs, including fuel,

26  repairs, supplies, and motor vehicle insurance;

27         e.  Determines the method of performing the service,

28  including selection of routes and order of deliveries;

29         f.  Is responsible for the completion of a specific job

30  and is liable for any failure to complete that job;

31

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  1         g.  Enters into a contract with the delivery or

  2  messenger service which specifies the relationship of the

  3  individual to the delivery or messenger service to be that of

  4  an independent contractor and not that of an employee; and

  5         h.  Provides the vehicle used to perform the service.

  6         24.  Service performed in agricultural labor by an

  7  individual who is an alien admitted to the United States to

  8  perform service in agricultural labor pursuant to ss.

  9  101(a)(15)(H) and 214(c) of the Immigration and Nationality

10  Act.

11         25.  Service performed by a person who is an inmate of

12  a penal institution.

13

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

15         redesignation of subparagraphs (33)(b)2.-6. of

16         s. 443.036 as subparagraphs (40)(b)2.-6. by s.

17         4, ch. 98-149, Laws of Florida.

18

19         Section 101.  Paragraph (b) of subsection (2) of

20  section 443.041, Florida Statutes, is amended to read:

21         443.041  Waiver of rights; fees; privileged

22  communications.--

23         (2)  FEES.--

24         (b)  An attorney at law representing a claimant for

25  benefits in any district court of appeal of this state or in

26  the Supreme Court of Florida is entitled to counsel fees

27  payable by the division as fixed by the court if the petition

28  for review or appeal is initiated by the claimant and results

29  in a decision awarding more benefits than did the decision

30  from which appeal was taken. The amount of the fee may not

31

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  1  exceed 50 percent of the regular benefits awarded under s.

  2  443.111(5)(a) 443.111(4)(a) during the benefit year.

  3

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

  5         redesignation of s. 443.111(4)(a) as s.

  6         443.111(5)(a) by s. 5, ch. 96-378, Laws of

  7         Florida, and s. 21, ch. 96-423, Laws of

  8         Florida.

  9

10         Section 102.  Paragraphs (f), (g), and (h) of

11  subsection (7) of section 443.111, Florida Statutes, are

12  amended to read:

13         443.111  Payment of benefits.--

14         (7)  SHORT-TIME COMPENSATION PROGRAM.--

15         (f)  Weekly short-time compensation benefit

16  amount.--The weekly short-time compensation benefit amount

17  payable to an individual shall be an amount equal to the

18  product of her or his weekly benefit amount as provided in

19  subsection (3) (2) and the ratio of the number of normal

20  weekly hours of work for which the employer would not

21  compensate the individual to the individual's normal weekly

22  hours of work.  Such benefit amount, if not a multiple of $1,

23  shall be rounded downward to the next lower multiple of $1.

24         (g)  Total short-time compensation benefit amount.--No

25  individual shall be paid benefits under this paragraph in any

26  benefit year for more than the maximum entitlement provided in

27  subsection (5) (4), nor shall an individual be paid short-time

28  compensation benefits for more than 26 weeks in any benefit

29  year.

30         (h)  Effect of short-time compensation benefits

31  relating to the payment of regular and extended benefits.--

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  1         1.  The short-time compensation benefits paid to an

  2  individual shall be deducted from the total benefit amount

  3  established for that individual as provided in subsection (5)

  4  (4).

  5         2.  An individual who has received all of the

  6  short-time compensation or combined unemployment compensation

  7  and short-time compensation available in a benefit year shall

  8  be considered an exhaustee for purposes of the extended

  9  benefits program as provided in subsection (6) (5) and, if

10  otherwise eligible under those provisions, shall be eligible

11  to receive extended benefits.

12         3.  No otherwise eligible individual shall be

13  disqualified from benefits for leaving employment instead of

14  accepting a reduction in hours pursuant to the implementation

15  of an approved plan.

16

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

18         redesignation of subunits of s. 443.111 by s.

19         5, ch. 96-378, Laws of Florida, and s. 21, ch.

20         96-423, Laws of Florida.

21

22         Section 103.  Subsection (5) of section 443.141,

23  Florida Statutes, is amended to read:

24         443.141  Collection of contributions.--

25         (5)  PRIORITIES UNDER LEGAL DISSOLUTION OR

26  DISTRIBUTIONS.--In the event of any distribution of any

27  employer's assets pursuant to an order of any court under the

28  laws of this state, including any receivership, assignment for

29  the benefit of creditors, adjudicated insolvency, composition,

30  administration of estates of decedents, or other similar

31  proceeding, contributions then or thereafter due shall be paid

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  1  in full prior to all other claims except claims for wages of

  2  not more than $250 to each claimant, earned within 6 months of

  3  the commencement of the proceeding, and on a parity with all

  4  other tax claims wherever such tax claims have been given

  5  priority.  In the administration of the estate of any

  6  decedent, the filing of notice of lien shall be deemed a

  7  proceeding required upon protest of the claim filed by the

  8  division for contributions due under this chapter, and such

  9  claim shall be allowed by the circuit judge. However, the

10  personal representative of the decedent may by petition to the

11  circuit court object to the validity of the claim of the

12  division, and proceedings shall be had in the circuit court

13  for the determination of the validity of the claim of the

14  division. Further, the bond of the personal representative

15  shall not be discharged until such claim is finally determined

16  by the circuit court; and, when no bond has been given by the

17  personal representative, none of the assets of the estate

18  shall be distributed until such final determination by the

19  circuit court. Upon distribution of the assets of the estate

20  of any decedent, the claim of the division shall have class 8

21  7 priority established in s. 733.707(1)(h) 733.707(1)(g),

22  subject to the above limitations with reference to wages.  In

23  the event of any employer's adjudication in bankruptcy,

24  judicially confirmed extension proposal, or composition, under

25  the Federal Bankruptcy Act of 1898, as amended, contributions

26  then or thereafter due shall be entitled to such priority as

27  is provided in s. 64B of that act (U.S.C. Title II, s. 104(b),

28  as amended).

29

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

31         redesignation of class 7 priority in s.

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  1         733.707(1)(g) as class 8 priority in s.

  2         733.707(1)(h) by s. 20, ch. 93-208, Laws of

  3         Florida.

  4

  5         Section 104.  Paragraph (a) of subsection (3) and

  6  paragraph (e) of subsection (6) of section 443.151, Florida

  7  Statutes, are amended to read:

  8         443.151  Procedure concerning claims.--

  9         (3)  DETERMINATION.--

10         (a)  In general.--An initial determination upon a claim

11  filed pursuant to subsection (2) shall be made promptly by an

12  examiner designated by the division, shall include a statement

13  as to whether and in what amount claimant is entitled to

14  benefits, and, in the event of a denial, shall state the

15  reasons therefor. A determination with respect to the first

16  week of a benefit year shall also include a statement as to

17  whether the claimant has been paid the wages required under s.

18  443.091(1)(f) 443.091(1)(e) and, if so, the first day of the

19  benefit year, the claimant's weekly benefit amount, and the

20  maximum total amount of benefits payable to the claimant with

21  respect to a benefit year.  The claimant, the claimant's most

22  recent employing unit, and all employers whose accounts would

23  be charged with benefits pursuant to such determination shall

24  be promptly notified of such initial determination; and such

25  determination shall be final unless within 20 days after the

26  mailing of such notices to the parties' last known addresses,

27  or in the absence of such mailing, within 20 days after the

28  delivery of such notice, appeal or written request for

29  reconsideration is filed by the claimant or other party

30  entitled to such notice.

31         (6)  RECOVERY AND RECOUPMENT.--

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  1         (e)  Notwithstanding any other provision of this

  2  chapter, any person who has been determined by either this

  3  state, a cooperating state agency, the United States Secretary

  4  of Labor, or a court of competent jurisdiction to have

  5  received any payments under the Trade Act of 1974, as amended,

  6  to which the person was not entitled shall have such sum

  7  deducted from any regular benefits, as defined in s.

  8  443.111(6)(a)5. 443.111(5)(a)5., payable to her or him under

  9  this chapter; except that no single deduction under this

10  paragraph shall exceed 50 percent of the amount otherwise

11  payable.  The amounts so deducted shall be paid to the agency

12  which issued the payments under the Trade Act of 1974, as

13  amended, for return to the United States Treasury.  However,

14  except for overpayments determined by a court of competent

15  jurisdiction, no deduction may be made under this paragraph

16  until a determination by the state agency or the United States

17  Secretary of Labor has become final.

18

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

20         conform to the redesignation of s.

21         443.091(1)(e) as s. 443.091(1)(f) by s. 3, ch.

22         94-347, Laws of Florida. Paragraph (6)(e) is

23         amended to conform to the redesignation of s.

24         443.111(5)(a)5. as s. 443.111(6)(a)5. by s. 5,

25         ch. 96-378, Laws of Florida, and s. 21, ch.

26         96-423, Laws of Florida.

27

28         Section 105.  Subsection (7) and paragraph (a) of

29  subsection (11) of section 443.171, Florida Statutes, are

30  amended to read:

31

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  1         443.171  Division and commission; powers and duties;

  2  rules; advisory council; records and reports.--

  3         (7)  RECORDS AND REPORTS.--Each employing unit shall

  4  keep true and accurate work records, containing such

  5  information as the division may prescribe. Such records shall

  6  be open to inspection and be subject to being copied by the

  7  division at any reasonable time and as often as may be

  8  necessary. The division or an appeals referee may require from

  9  any employing unit any sworn or unsworn reports, with respect

10  to persons employed by it, deemed necessary for the effective

11  administration of this chapter. However, a state or local

12  governmental agency performing intelligence or

13  counterintelligence functions need not report an employee if

14  the head of such agency has determined that reporting the

15  employee could endanger the safety of the employee or

16  compromise an ongoing investigation or intelligence mission.

17  Information revealing the employing unit's or individual's

18  identity thus obtained from the employing unit or from any

19  individual pursuant to the administration of this chapter,

20  shall, except to the extent necessary for the proper

21  presentation of a claim or upon written authorization of the

22  claimant who has a workers' compensation claim pending, be

23  held confidential and exempt from the provisions of s.

24  119.07(1). Such information shall be available only to public

25  employees in the performance of their public duties, including

26  employees of the Department of Education in obtaining

27  information for the Florida Education and Training Placement

28  Information Program and the Office of Tourism, Trade, and

29  Economic Development Department of Commerce in its

30  administration of the qualified defense contractor tax refund

31  program authorized by s. 288.1045 288.104, the qualified

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  1  target industry business tax refund program authorized by s.

  2  288.106. Any claimant, or the claimant's legal representative,

  3  at a hearing before an appeals referee or the commission shall

  4  be supplied with information from such records to the extent

  5  necessary for the proper presentation of her or his claim. Any

  6  employee or member of the commission or any employee of the

  7  division, or any other person receiving confidential

  8  information, who violates any provision of this subsection is

  9  guilty of a misdemeanor of the second degree, punishable as

10  provided in s. 775.082 or s. 775.083. However, the division

11  may furnish to any employer copies of any report previously

12  submitted by such employer, upon the request of such employer,

13  and the division is authorized to charge therefor such

14  reasonable fee as the division may by rule prescribe not to

15  exceed the actual reasonable cost of the preparation of such

16  copies. Fees received by the division for copies provided

17  under this subsection shall be deposited to the credit of the

18  Employment Security Administration Trust Fund.

19         (11)  STATE-FEDERAL COOPERATION.--

20         (a)1.  In the administration of this chapter, the

21  division shall cooperate with the United States Department of

22  Labor to the fullest extent consistent with the provisions of

23  this chapter and shall take such action, through the adoption

24  of appropriate rules, administrative methods, and standards,

25  as may be necessary to secure to this state and its citizens

26  all advantages available under the provisions of the Social

27  Security Act that relate to unemployment compensation, the

28  Federal Unemployment Tax Act, the Wagner-Peyser Act, and the

29  Federal-State Extended Unemployment Compensation Act of 1970,

30  or other federal manpower acts.

31

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  1         2.  In the administration of the provisions in s.

  2  443.111(6) 443.111(5), which are enacted to conform with the

  3  requirements of the Federal-State Extended Unemployment

  4  Compensation Act of 1970, the division shall take such action

  5  as may be necessary to ensure that the provisions are so

  6  interpreted and applied as to meet the requirements of such

  7  federal act as interpreted by the United States Department of

  8  Labor and to secure to this state the full reimbursement of

  9  the federal share of extended benefits paid under this chapter

10  that are reimbursable under the federal act.

11         3.  The division shall comply with the regulations of

12  the United States Department of Labor relating to the receipt

13  or expenditure by this state of moneys granted under any of

14  such acts; shall make such reports, in such form and

15  containing such information, as the United States Department

16  of Labor may from time to time require; and shall comply with

17  such provisions as the United States Department of Labor may

18  from time to time find necessary to assure the correctness and

19  verification of such reports.

20

21         Reviser's note.--Subsection (7) is amended to

22         conform to the substitution of the Office of

23         Tourism, Trade, and Economic Development for

24         the Department of Commerce for purposes of s.

25         288.106 by s. 44, ch. 96-320, Laws of Florida,

26         and the repeal of s. 288.104 by s. 8, ch.

27         96-348, Laws of Florida, and the enactment of

28         new s. 288.1045 governing the qualified defense

29         contractor tax refund program by s. 1, ch.

30         96-348. Paragraph (11)(a) is amended to conform

31         to the redesignation of s. 443.111(5) as s.

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  1         443.111(6) by s. 5, ch. 96-378, Laws of

  2         Florida, and s. 21, ch. 96-423, Laws of

  3         Florida.

  4

  5         Section 106.  Paragraph (a) of subsection (5) of

  6  section 443.191, Florida Statutes, is amended to read:

  7         443.191  Unemployment Compensation Trust Fund;

  8  establishment and control.--

  9         (5)  MONEY CREDITED UNDER SECTION 903 OF THE SOCIAL

10  SECURITY ACT.--

11         (a)  Money credited to the account of this state in the

12  Unemployment Compensation Trust Fund by the Secretary of the

13  Treasury of the United States pursuant to s. 903 of the Social

14  Security Act may not be requisitioned from this state's

15  account or used except for the payment of benefits and for the

16  payment of expenses incurred for the administration of this

17  law.  Such money may be requisitioned pursuant to subsection

18  (3) for the payment of benefits. Such money may also be

19  requisitioned and used for the payment of expenses incurred

20  for the administration of this law but only pursuant to a

21  specific appropriation by the Legislature and only if the

22  expenses are incurred and the money is requisitioned after the

23  enactment of an appropriation law which:

24         1.  Specifies the purposes for which such money is

25  appropriated and the amounts appropriated therefor;

26         2.  Limits the period within which such money may be

27  obligated to a period ending not more than 2 years after the

28  date of the enactment of the appropriation law; and

29         3.  Limits the amount which may be obligated during any

30  12-month period beginning on July 1 and ending on the next

31  June 30 to an amount which does not exceed the amount by which

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  1  the aggregate of the amounts credited to the account of this

  2  state pursuant to s. 903 of the Social Security Act during the

  3  same 12-month period and the 34 preceding 12-month periods,

  4  exceeds the aggregate of the amounts obligated for

  5  administration and paid out for benefits and charged against

  6  the amounts credited to the account of this state during such

  7  35 12-month periods.

  8         4.  Notwithstanding this paragraph subparagraph 1.,

  9  money credited with respect to federal fiscal years 1999,

10  2000, and 2001 shall be used solely for the administration of

11  the unemployment compensation program and such money shall not

12  otherwise be subject to the requirements of this paragraph

13  subparagraph 1. when appropriated by the Legislature.

14

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

16         facilitate correct interpretation and to

17         conform to the reference as specified in

18         federal model language.

19

20         Section 107.  Subsections (1) and (9) of section

21  446.22, Florida Statutes, are amended to read:

22         446.22  Definitions.--As used in this act, the

23  following words and phrases shall have the meanings set forth

24  herein, except where the context otherwise requires:

25         (1)  "Advisory council" means the State Human Resource

26  Investment Job Training Coordinating Council, as created and

27  described by s. 446.20(2).

28         (9)  "Private industry council" means an organization

29  comprised of private businesses, local government, education,

30  welfare agencies, organized labor, and community-based

31  organizations designated by the State Human Resource

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  1  Investment Job Training Coordinating Council under the federal

  2  Job Training Partnership Act to deliver training and

  3  educational services to youth and unemployed persons.

  4

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

  6         redesignation of the State Job Training

  7         Coordinating Council as the State Human

  8         Resource Investment Council by s. 7, ch.

  9         96-404, Laws of Florida.

10

11         Section 108.  Subsection (3) of section 446.25, Florida

12  Statutes, is amended to read:

13         446.25  Implementation.--

14         (3)  The State Human Resource Investment Job Training

15  Coordinating Council shall review proposed operational

16  policies and rules associated with the program and shall act

17  as advisory council to this program for the purpose of:

18         (a)  Establishing general performance standards in

19  conjunction with the department guidelines.

20         (b)  Making recommendations to the department with

21  regard to the establishment of program criteria.

22         (c)  Assisting in the development of linkages with

23  potential public and private sector participants in the

24  program.

25         (d)  Advising the department of changes to the federal

26  Job Training Partnership Act which may impact this program.

27         (e)  Providing for followup studies and evaluating the

28  program in conjunction with the Department of Labor and

29  Employment Security.

30

31

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

  2         redesignation of the State Job Training

  3         Coordinating Council as the State Human

  4         Resource Investment Council by s. 7, ch.

  5         96-404, Laws of Florida.

  6

  7         Section 109.  Subsection (1) of section 455.01, Florida

  8  Statutes, is amended to read:

  9         455.01  Definitions.--As used in this part, the term:

10         (1)  "Board" means any board or commission, or other

11  statutorily created entity to the extent such entity is

12  authorized to exercise regulatory or rulemaking functions,

13  within the department, including the Florida Real Estate

14  Commission; except that, for ss. 455.201-455.245

15  455.201-455.261, "board" means only a board, or other

16  statutorily created entity to the extent such entity is

17  authorized to exercise regulatory or rulemaking functions,

18  within the Division of Certified Public Accounting, the

19  Division of Professions, or the Division of Real Estate.

20

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

22         transfer of s. 455.261 to s. 455.707 by s. 94,

23         ch. 97-261, Laws of Florida. The last section

24         of the range, which pertains to professions

25         regulated by the Department of Business and

26         Professional Regulation, is now s. 455.245.

27         Section 455.707 pertains to professions

28         regulated by the Department of Health.

29

30         Section 110.  Paragraph (a) of subsection (2) of

31  section 455.557, Florida Statutes, is repealed, and paragraph

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  1  (b) of subsection (3) and subsections (5), (8), and (9) of

  2  that section are amended to read:

  3         455.557  Standardized credentialing for health care

  4  practitioners.--

  5         (3)  STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.--

  6         (b)  The department shall:

  7         1.  Maintain a complete, current file of core

  8  credentials data on each health care practitioner, which shall

  9  include all updates provided in accordance with subparagraph

10  (a)2.

11         2.  Release the core credentials data that is otherwise

12  confidential or exempt from the provisions of chapter 119 and

13  s. 24(a), Art. I of the State Constitution and any

14  corrections, updates, and modifications thereto, if authorized

15  by the health care practitioner.

16         3.  Charge a fee to access the core credentials data,

17  which may not exceed the actual cost, including prorated setup

18  and operating costs, pursuant to the requirements of chapter

19  119. The actual cost shall be set in consultation with the

20  advisory council.

21         4.  Develop, in consultation with the advisory council,

22  standardized forms to be used by the health care practitioner

23  or designated credentials verification organization for the

24  initial reporting of core credentials data, for the health

25  care practitioner to authorize the release of core credentials

26  data, and for the subsequent reporting of corrections,

27  updates, and modifications thereto.

28         5.  Establish a Credentials Advisory Council,

29  consisting of 13 members, to assist the department as provided

30  in this section. The secretary, or his or her designee, shall

31  serve as one member and chair of the council and shall appoint

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  1  the remaining 12 members. Except for any initial lesser term

  2  required to achieve staggering, such appointments shall be for

  3  4-year staggered terms, with one 4-year reappointment, as

  4  applicable. Three members shall represent hospitals, and two

  5  members shall represent health maintenance organizations. One

  6  member shall represent health insurance entities. One member

  7  shall represent the credentials verification industry. Two

  8  members shall represent physicians licensed under chapter 458.

  9  One member shall represent osteopathic physicians licensed

10  under chapter 459. One member shall represent chiropractic

11  physicians licensed under chapter 460. One member shall

12  represent podiatric physicians licensed under chapter 461.

13         (5)  STANDARDS AND REGISTRATION.--Any credentials

14  verification organization that does business in this state

15  must be fully accredited or certified as a credentials

16  verification organization by a national accrediting

17  organization as specified in paragraph (2)(b) and must

18  register with the department. The department may charge a

19  reasonable registration fee, set in consultation with the

20  advisory council, not to exceed an amount sufficient to cover

21  its actual expenses in providing and enforcing such

22  registration. The department shall establish by rule for

23  biennial renewal of such registration. Failure by a registered

24  credentials verification organization to maintain full

25  accreditation or certification, to provide data as authorized

26  by the health care practitioner, to report to the department

27  changes, updates, and modifications to a health care

28  practitioner's records within the time period specified in

29  subparagraph (3)(a)2., or to comply with the prohibition

30  against collection of duplicate core credentials data from a

31  practitioner may result in denial of an application for

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  1  renewal of registration or in revocation or suspension of a

  2  registration.

  3         (8)  RULES.--The department, in consultation with the

  4  advisory council, shall adopt rules necessary to develop and

  5  implement the standardized core credentials data collection

  6  program established by this section.

  7         (9)  COUNCIL ABOLISHED; DEPARTMENT AUTHORITY.--The

  8  council shall be abolished October 1, 1999. After the council

  9  is abolished, All duties of the department required under this

10  section to be in consultation with the council may be carried

11  out by the department on its own.

12

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

14         abolishment of the Credentials Advisory Council

15         on October 1, 1999, pursuant to s. 75, ch.

16         99-397, Laws of Florida.

17

18         Section 111.  Subsections (1) and (2) of section

19  455.5651, Florida Statutes, are amended to read:

20         455.5651  Practitioner profile; creation.--

21         (1)  Beginning July 1, 1999, the Department of Health

22  shall compile the information submitted pursuant to s. 455.565

23  section 1 into a practitioner profile of the applicant

24  submitting the information, except that the Department of

25  Health may develop a format to compile uniformly any

26  information submitted under s. 455.565(4)(b) paragraph

27  1(4)(b).

28         (2)  On the profile required under subsection (1), the

29  department shall indicate if the information provided under s.

30  455.565(1)(a)7. section 1(1)(a)7. is not corroborated by a

31  criminal history check conducted according to this subsection.

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  1  If the information provided under s. 455.565(1)(a)7. section

  2  1(1)(a)7. is corroborated by the criminal history check, the

  3  fact that the criminal history check was performed need not be

  4  indicated on the profile. The department, or the board having

  5  regulatory authority over the practitioner acting on behalf of

  6  the department, shall investigate any information received by

  7  the department or the board when it has reasonable grounds to

  8  believe that the practitioner has violated any law that

  9  relates to the practitioner's practice.

10

11         Reviser's note.--Amended to correct apparent

12         errors, facilitate correct interpretation, and

13         conform to redesignation of references by the

14         reviser incident to compiling the Florida

15         Statutes 1997. The references to "section 1,"

16         "paragraph 1(4)(b)," and "section 1(1)(a)7." in

17         s. 128, ch. 97-237, Laws of Florida, and s. 4,

18         ch. 97-273, Laws of Florida, were not updated

19         to conform to the final location of that

20         material in the laws. The references became

21         "section 127," "paragraph 127(4)(b), and

22         "section 127(1)(a)7.," respectively, for ch.

23         97-237 and "section 3," "paragraph 3(4)(b),"

24         and "section 3(1)(a)7.," respectively, for ch.

25         97-273. The references were codified as "s.

26         455.565," "s. 455.565(4)(b)," and "s.

27         455.565(1)(a)7.," respectively, by the reviser.

28

29         Section 112.  Section 455.5653, Florida Statutes, is

30  amended to read:

31

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  1         455.5653  Practitioner profiles; data

  2  storage.--Effective upon this act becoming a law, the

  3  Department of Health must develop or contract for a computer

  4  system to accommodate the new data collection and storage

  5  requirements under this act pending the development and

  6  operation of a computer system by the Department of Health for

  7  handling the collection, input, revision, and update of data

  8  submitted by physicians as a part of their initial licensure

  9  or renewal to be compiled into individual practitioner

10  profiles. The Department of Health must incorporate any data

11  required by this act into the computer system used in

12  conjunction with the regulation of health care professions

13  under its jurisdiction. The department must develop, by the

14  year 2000, a schedule and procedures for each practitioner

15  within a health care profession regulated within the Division

16  of Medical Quality Assurance to submit relevant information to

17  be compiled into a profile to be made available to the public.

18  The Department of Health is authorized to contract with and

19  negotiate any interagency agreement necessary to develop and

20  implement the practitioner profiles. The Department of Health

21  shall have access to any information or record maintained by

22  the Agency for Health Care Administration, including any

23  information or record that is otherwise confidential and

24  exempt from the provisions of chapter 119 and s. 24(a), Art. I

25  of the State Constitution, so that the Department of Health

26  may corroborate any information that physicians are required

27  to report under s. 455.565 section 1 of this act.

28

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

30         error, facilitate correct interpretation, and

31         conform to redesignation of references by the

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  1         reviser incident to compiling the Florida

  2         Statutes 1997. The references to "section 1 of

  3         this act" in s. 130, ch. 97-237, Laws of

  4         Florida, and s. 6, ch. 97-273, Laws of Florida,

  5         were not updated to conform to the final

  6         location of that material in the laws. The

  7         references became "section 127" for ch. 97-237

  8         and "section 3" for ch. 97-273. The material

  9         was codified as s. 455.565 by the reviser.

10

11         Section 113.  Section 455.5654, Florida Statutes, is

12  amended to read:

13         455.5654  Practitioner profiles; rules;

14  workshops.--Effective upon this act becoming a law, the

15  Department of Health shall adopt rules for the form of a

16  practitioner profile that the agency is required to prepare.

17  The Department of Health, pursuant to chapter 120, must hold

18  public workshops for purposes of rule development to implement

19  this section. An agency to which information is to be

20  submitted under this act may adopt by rule a form for the

21  submission of the information required under s. 455.565

22  section 1.

23

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

25         error, facilitate correct interpretation, and

26         conform to redesignation of references by the

27         reviser incident to compiling the Florida

28         Statutes 1997. The references to "section 1" by

29         s. 131, ch. 97-237, Laws of Florida, and s. 7,

30         ch. 97-273, Laws of Florida, were not updated

31         to conform to the final location of that

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  1         material in the laws. The references became

  2         "section 127" for ch. 97-237 and "section 3"

  3         for ch. 97-273. The material was codified as s.

  4         455.565 by the reviser.

  5

  6         Section 114.  Subsection (6) of section 455.621,

  7  Florida Statutes, is amended to read:

  8         455.621  Disciplinary proceedings.--Disciplinary

  9  proceedings for each board shall be within the jurisdiction of

10  the department.

11         (6)  The appropriate board, with those members of the

12  panel, if any, who reviewed the investigation pursuant to

13  subsection (4) (5) being excused, or the department when there

14  is no board, shall determine and issue the final order in each

15  disciplinary case. Such order shall constitute final agency

16  action. Any consent order or agreed-upon settlement shall be

17  subject to the approval of the department.

18

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

20         facilitate correct interpretation. Subsection

21         (4) provides for a probable cause panel.

22

23         Section 115.  Subsection (5) of section 458.311,

24  Florida Statutes, is amended to read:

25         458.311  Licensure by examination; requirements;

26  fees.--

27         (5)  The board may not certify to the department for

28  licensure any applicant who is under investigation in another

29  jurisdiction for an offense which would constitute a violation

30  of this chapter until such investigation is completed. Upon

31  completion of the investigation, the provisions of s. 458.331

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  1  shall apply. Furthermore, the department may not issue an

  2  unrestricted license to any individual who has committed any

  3  act or offense in any jurisdiction which would constitute the

  4  basis for disciplining a physician pursuant to s. 458.331.

  5  When the board finds that an individual has committed an act

  6  or offense in any jurisdiction which would constitute the

  7  basis for disciplining a physician pursuant to s. 458.331,

  8  then the board may enter an order imposing one or more of the

  9  terms set forth in subsection (8) (9).

10

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

12         redesignation of s. 458.311(9) as s. 458.311(8)

13         necessitated by the repeal of former subsection

14         (8) by s. 20, ch. 95-145, Laws of Florida.

15

16         Section 116.  Paragraph (b) of subsection (4) of

17  section 458.320, Florida Statutes, is amended to read:

18         458.320  Financial responsibility.--

19         (4)

20         (b)  If financial responsibility requirements are met

21  by maintaining an escrow account or letter of credit as

22  provided in this section, upon the entry of an adverse final

23  judgment arising from a medical malpractice arbitration award,

24  from a claim of medical malpractice either in contract or

25  tort, or from noncompliance with the terms of a settlement

26  agreement arising from a claim of medical malpractice either

27  in contract or tort, the licensee shall pay the entire amount

28  of the judgment together with all accrued interest, or the

29  amount maintained in the escrow account or provided in the

30  letter of credit as required by this section, whichever is

31  less, within 60 days after the date such judgment became final

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  1  and subject to execution, unless otherwise mutually agreed to

  2  in writing by the parties.  If timely payment is not made by

  3  the physician, the department shall suspend the license of the

  4  physician pursuant to procedures set forth in subparagraphs

  5  (5)(g)3., 4., and 5. (5)(g)2., 3., and 4.  Nothing in this

  6  paragraph shall abrogate a judgment debtor's obligation to

  7  satisfy the entire amount of any judgment.

  8

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

10         redesignation of s. 458.320(5)(g)2., 3., and 4.

11         as s. 458.320(5)(g)3., 4., and 5.,

12         respectively, by s. 144, ch. 97-237, Laws of

13         Florida, and s. 20, ch. 97-273, Laws of

14         Florida.

15

16         Section 117.  Paragraph (b) of subsection (4) of

17  section 459.0085, Florida Statutes, is amended to read:

18         459.0085  Financial responsibility.--

19         (4)

20         (b)  If financial responsibility requirements are met

21  by maintaining an escrow account or letter of credit as

22  provided in this section, upon the entry of an adverse final

23  judgment arising from a medical malpractice arbitration award,

24  from a claim of medical malpractice either in contract or

25  tort, or from noncompliance with the terms of a settlement

26  agreement arising from a claim of medical malpractice either

27  in contract or tort, the licensee shall pay the entire amount

28  of the judgment together with all accrued interest or the

29  amount maintained in the escrow account or provided in the

30  letter of credit as required by this section, whichever is

31  less, within 60 days after the date such judgment became final

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  1  and subject to execution, unless otherwise mutually agreed to

  2  in writing by the parties.  If timely payment is not made by

  3  the osteopathic physician, the department shall suspend the

  4  license of the osteopathic physician pursuant to procedures

  5  set forth in subparagraphs (5)(g)3., 4., and 5. (5)(g)2., 3.,

  6  and 4. Nothing in this paragraph shall abrogate a judgment

  7  debtor's obligation to satisfy the entire amount of any

  8  judgment.

  9

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

11         redesignation of s. 459.0085(5)(g)2., 3., and

12         4. as s. 459.0085(5)(g)3., 4., and 5.,

13         respectively, by s. 145, ch. 97-237, Laws of

14         Florida, and s. 21, ch. 97-273, Laws of

15         Florida.

16

17         Section 118.  Section 459.018, Florida Statutes, is

18  amended to read:

19         459.018  Search warrants for certain violations.--When

20  the department has reason to believe that violations of s.

21  459.015(1)(t) 459.015(1)(u) or s. 459.015(1)(u) 459.015(1)(v)

22  have occurred or are occurring, its agents or other duly

23  authorized persons may search an osteopathic physician's place

24  of practice for purposes of securing such evidence as may be

25  needed for prosecution.  Such evidence shall not include any

26  medical records of patients unless pursuant to the patient's

27  written consent.  Notwithstanding the consent of the patient,

28  such records maintained by the department are confidential and

29  exempt from s. 119.07(1). This section shall not limit the

30  psychotherapist-patient privileges of s. 90.503.  Prior to a

31  search, the department shall secure a search warrant from any

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  1  judge authorized by law to issue search warrants. The search

  2  warrant shall be issued upon probable cause, supported by oath

  3  or affirmation particularly describing the things to be

  4  seized.  The application for the warrant shall be sworn to and

  5  subscribed, and the judge may require further testimony from

  6  witnesses, supporting affidavits, or depositions in writing to

  7  support the application.  The application and supporting

  8  information, if required, must set forth the facts tending to

  9  establish the grounds of the application or probable cause

10  that they exist. If the judge is satisfied that probable cause

11  exists, he or she shall issue a search warrant signed by him

12  or her with the judge's name of office to any agent or other

13  person duly authorized by the department to execute process,

14  commanding the agent or person to search the place described

15  in the warrant for the property specified.  The search warrant

16  shall be served only by the agent or person mentioned in it

17  and by no other person except an aide of the agent or person

18  when such agent or person is present and acting in its

19  execution.

20

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

22         redesignation of subunits necessitated by the

23         repeal of former s. 459.015(1)(k) by s. 2, ch.

24         92-178, Laws of Florida.

25

26         Section 119.  Subsection (4) of section 460.406,

27  Florida Statutes, is amended to read:

28         460.406  Licensure by examination.--

29         (4)  The department shall submit written notification

30  within 5 working days to applicants who have successfully

31  completed the requirements of paragraphs (1)(a)-(e) (1)(a)-(f)

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  1  and who have successfully passed the state licensure

  2  examination. An applicant who is notified in writing by the

  3  department of the successful completion of requirements in

  4  paragraphs (1)(a)-(e) (1)(a)-(f) and who has successfully

  5  passed the state licensure examination may lawfully practice

  6  pending receipt of the certificate of licensure, and the

  7  written notification shall act as evidence of licensure

  8  entitling the chiropractic physician to practice for a maximum

  9  period of 45 days or until the licensing fee is received by

10  the department whichever is sooner.

11

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

13         redesignation of paragraphs (1)(a)-(f) as

14         paragraphs (1)(a)-(e) by s. 106, ch. 99-397,

15         Laws of Florida.

16

17         Section 120.  Section 462.09, Florida Statutes, is

18  amended to read:

19         462.09  Disposition of fees.--All fees received under

20  this chapter shall be deposited into the Medical Quality

21  Assurance Professional Regulation Trust Fund.  The Legislature

22  shall appropriate funds from this trust fund sufficient to

23  carry out the provisions of this chapter.  The department

24  shall prepare and submit a proposed budget in accordance with

25  law.

26

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

28         transfer of the regulation of health care

29         professionals from the Department of Business

30         and Professional Regulation to the Department

31         of Health. The Medical Quality Assurance Trust

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  1         Fund in s. 20.435(1)(d) provides administrative

  2         support for the regulation.

  3

  4         Section 121.  Paragraph (t) of subsection (1) of

  5  section 462.14, Florida Statutes, is amended to read:

  6         462.14  Grounds for disciplinary action; action by the

  7  department.--

  8         (1)  The following acts constitute grounds for which

  9  the disciplinary actions specified in subsection (2) may be

10  taken:

11         (t)  Gross or repeated malpractice or the failure to

12  practice naturopathic medicine with that level of care, skill,

13  and treatment which is recognized by a reasonably prudent

14  similar physician as being acceptable under similar conditions

15  and circumstances.  The department shall give great weight to

16  the provisions of s. 766.102 768.45 when enforcing this

17  paragraph.

18

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

20         redesignation of s. 768.45 as s. 766.102 by the

21         reviser incident to compiling the 1988

22         Supplement to the Florida Statutes 1987.

23

24         Section 122.  Section 466.014, Florida Statutes, is

25  amended to read:

26         466.014  Continuing education; dental hygienists.--In

27  addition to the other requirements for relicensure for dental

28  hygienists set out in this act, the board shall require each

29  licensed dental hygienist to complete not less than 24 hours

30  or more than 36 hours of continuing professional education in

31  dental subjects, biennially, in programs prescribed or

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  1  approved by the board or in equivalent programs of continuing

  2  education. Programs of continuing education approved by the

  3  board shall be programs of learning which, in the opinion of

  4  the board, contribute directly to the dental education of the

  5  dental hygienist.  The board shall adopt rules and guidelines

  6  to administer and enforce the provisions of this section.  In

  7  applying for license renewal, the dental hygienist shall

  8  submit a sworn affidavit, on a form acceptable to the

  9  department, attesting that she or he has completed the

10  continuing education required in this section in accordance

11  with the guidelines and provisions of this section and listing

12  the date, location, sponsor, subject matter, and hours of

13  completed continuing education courses.  The applicant shall

14  retain in her or his records such receipts, vouchers, or

15  certificates as may be necessary to document completion of the

16  continuing education courses listed in accordance with this

17  section. With cause, the board may request such documentation

18  by the applicant, and the board may request such documentation

19  from applicants selected at random without cause.  Compliance

20  with the continuing education requirements shall be mandatory

21  for issuance of the renewal certificate.  The board shall have

22  the authority to excuse licensees, as a group or as

23  individuals, from the continuing educational requirements, or

24  any part thereof, in the event an unusual circumstance,

25  emergency, or hardship has prevented compliance with this

26  section subsection.

27

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

29         facilitate correct interpretation. Section

30         466.014 is not divided into subsections.

31

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  1         Section 123.  Section 467.0135, Florida Statutes, is

  2  amended to read:

  3         467.0135  Fees.--The department shall establish fees

  4  for application, examination, initial licensure, renewal of

  5  licensure, licensure by endorsement, inactive status,

  6  delinquent status, and reactivation of an inactive license.

  7  The appropriate fee must be paid at the time of application

  8  and is payable to the Department of Health, in accordance with

  9  rules adopted by the department. A fee is nonrefundable,

10  unless otherwise provided by rule. A fee may not exceed:

11         (1)  Five hundred dollars for examination.

12         (2)  Five hundred dollars for initial licensure.

13         (3)  Five hundred dollars for renewal of licensure.

14         (4)  Two hundred dollars for application, which fee is

15  nonrefundable.

16         (5)  Five hundred dollars for reactivation of an

17  inactive license.

18         (6)  Five hundred dollars for licensure by endorsement.

19

20  A fee for inactive status, reactivation of an inactive

21  license, or delinquency may not exceed the fee established by

22  the department for biennial renewal of an active license. All

23  fees collected under this section shall be deposited in the

24  Medical Quality Assurance Professional Regulation Trust Fund.

25

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

27         transfer of the regulation of health care

28         professionals from the Department of Business

29         and Professional Regulation to the Department

30         of Health. The Medical Quality Assurance Trust

31

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  1         Fund in s. 20.435(1)(d) provides administrative

  2         support for the regulation.

  3

  4         Section 124.  Subsection (5) of section 468.1655,

  5  Florida Statutes, is amended to read:

  6         468.1655  Definitions.--As used in this part:

  7         (5)  "Nursing home" means an institution or facility

  8  licensed as such under part II I of chapter 400.

  9

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

11         redesignation of part I of chapter 400 as part

12         II necessitated by the creation of a new part I

13         incident to the compilation of ss. 1-16, ch.

14         93-177, Laws of Florida.

15

16         Section 125.  Subsection (4) of section 468.1695,

17  Florida Statutes, is repealed, and subsection (2) of that

18  section is amended to read:

19         468.1695  Licensure by examination.--

20         (2)  Beginning October 1, 1992, The department shall

21  examine each applicant who the board certifies has completed

22  the application form and remitted an examination fee set by

23  the board not to exceed $250 and who:

24         (a)1.  Holds a baccalaureate degree from an accredited

25  college or university and majored in health care

26  administration or has credit for at least 60 semester hours in

27  subjects, as prescribed by rule of the board, which prepare

28  the applicant for total management of a nursing home; and

29         2.  Has fulfilled the requirements of a

30  college-affiliated or university-affiliated internship in

31

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  1  nursing home administration or of a 1,000-hour nursing home

  2  administrator-in-training program prescribed by the board; or

  3         (b)1.  Holds a baccalaureate degree from an accredited

  4  college or university; and

  5         2.a.  Has fulfilled the requirements of a 2,000-hour

  6  nursing home administrator-in-training program prescribed by

  7  the board; or

  8         b.  Has 1 year of management experience allowing for

  9  the application of executive duties and skills, including the

10  staffing, budgeting, and directing of resident care, dietary,

11  and bookkeeping departments within a skilled nursing facility,

12  hospital, hospice, assisted living facility with a minimum of

13  60 licensed beds, or geriatric residential treatment program

14  and, if such experience is not in a skilled nursing facility,

15  has fulfilled the requirements of a 1,000-hour nursing home

16  administrator-in-training program prescribed by the board.

17

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

19         delete language that has served its purpose.

20         Subsection (4) is repealed to delete language

21         that is obsolete; persons exempted from

22         qualifications specified in current subsection

23         (2) have already been grandfathered in as

24         nursing home administrators.

25

26         Section 126.  Paragraph (a) of subsection (2) of

27  section 468.307, Florida Statutes, is amended to read:

28         468.307  Certificate; issuance; possession; display.--

29         (2)(a)  The department may, at its discretion, issue a

30  temporary certificate to:

31

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  1         1.  An applicant who has completed an educational

  2  program and is awaiting examination for a certificate

  3  specified in s. 468.302(2)(b), (c), (e), or (f), if the

  4  applicant has met all other requirements established pursuant

  5  to s. 468.304.

  6         2.  A basic X-ray machine operator, if such person is

  7  under the direct supervision of a licensed practitioner and

  8  the licensed practitioner has not requested issuance of a

  9  temporary certificate within the previous 18 months, upon

10  application by a licensed practitioner who is practicing in an

11  office of five or of fewer licensed practitioners.

12         3.  A basic X-ray machine operator-podiatric medicine,

13  if such person is under the direct supervision of a licensed

14  podiatric physician and the licensed podiatric physician has

15  not requested issuance of a temporary certificate within the

16  previous 18 months, upon application by a licensed podiatric

17  physician who is practicing in an office of five or fewer

18  licensed podiatric physicians.

19

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

21         facilitate correct interpretation.

22

23         Section 127.  Paragraph (l) of subsection (1) of

24  section 468.505, Florida Statutes, is amended to read:

25         468.505  Exemptions; exceptions.--

26         (1)  Nothing in this part may be construed as

27  prohibiting or restricting the practice, services, or

28  activities of:

29         (l)  A person employed by a nursing facility exempt

30  from licensing under s. 395.002(13) 395.002(14), or a person

31  exempt from licensing under s. 464.022.

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

  2         redesignation of s. 395.002(14) as s.

  3         395.002(13) by the reviser incident to the

  4         compilation of the 1998 Supplement to the

  5         Florida Statutes 1997.

  6

  7         Section 128.  Paragraph (c) of subsection (2) of

  8  section 468.605, Florida Statutes, is amended to read:

  9         468.605  Florida Building Code Administrators and

10  Inspectors Board.--

11         (2)  The board shall consist of nine members, as

12  follows:

13         (c)  Two members serving as inspectors inspector.

14

15  None of the board members described in paragraph (a) or

16  paragraph (f) may be an employee of a municipal, county, or

17  state governmental agency.

18

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

20         facilitate correct interpretation.

21

22         Section 129.  Subsection (1) of section 468.828,

23  Florida Statutes, is amended to read:

24         468.828  Background screening information; rulemaking

25  authority.--

26         (1)  The Agency for Health Care Administration shall

27  allow the department to electronically access its background

28  screening database and records, and the Department of Children

29  and Family Services Families shall allow the department to

30  electronically access its central abuse registry and tracking

31  system under chapter 415.

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    Florida House of Representatives - 2000                HB 1053

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

  2         official title of the department pursuant to s.

  3         20.19.

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