House Bill 1057er

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  1

  2         An act relating to the Florida Statutes;

  3         amending ss. 633.061, 641.23, 641.316, 663.066,

  4         671.304, 741.29, 744.444, 768.28, 938.07,

  5         943.051, 943.0535, 943.0544, 943.1702, 943.25,

  6         946.205, 946.515, 946.518, and 960.045, F.S.;

  7         and reenacting s. 658.26, F.S., pursuant to s.

  8         11.242, F.S.; deleting provisions which have

  9         expired, have become obsolete, have had their

10         effect, have served their purpose, or have been

11         impliedly repealed or superseded; replacing

12         incorrect cross-references and citations;

13         correcting grammatical, typographical, and like

14         errors; removing inconsistencies, redundancies,

15         and unnecessary repetition in the statutes;

16         improving the clarity of the statutes and

17         facilitating their correct interpretation; and

18         confirming the restoration of provisions

19         unintentionally omitted from republication in

20         the acts of the Legislature during the

21         amendatory process.

22

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

24

25         Section 1.  Paragraph (c) of subsection (3) of section

26  633.061, Florida Statutes, is amended to read:

27         633.061  License or permit required of organizations

28  and individuals servicing, recharging, repairing, testing,

29  marking, inspecting, installing, or hydrotesting fire

30  extinguishers and preengineered systems.--

31         (3)


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  1         (c)  A license of any class shall not be issued or

  2  renewed by the State Fire Marshal and a license of any class

  3  shall not remain operative unless:

  4         1.  The applicant has submitted to the State Fire

  5  Marshal evidence of registration as a Florida corporation or

  6  evidence of compliance with s. 865.09.

  7         2.  The State Fire Marshal or his or her designee has

  8  by inspection determined that the applicant possesses the

  9  equipment required for the class of license sought.  The State

10  Fire Marshal shall give an applicant a reasonable opportunity

11  to correct any deficiencies discovered by inspection. A fee of

12  $50, payable to the State Fire Marshal, shall be required for

13  any subsequent reinspection.

14         3.  The applicant has submitted to the State Fire

15  Marshal proof of insurance providing coverage for

16  comprehensive general liability for bodily injury and property

17  damage, products liability, completed operations, and

18  contractual liability.  The State Fire Marshal shall adopt

19  rules providing for the amounts of such coverage, but such

20  amounts shall not be less than $300,000 for Class A or Class D

21  licenses, $200,000 for Class B licenses, and $100,000 for

22  Class C licenses; and the total coverage for any class of

23  license held in conjunction with a Class D license shall not

24  be less than $300,000.  The State Fire Marshal may, at any

25  time after the issuance of a license or its renewal, require

26  upon demand, and in no event more than 30 days after notice of

27  such demand, the licensee to provide proof of insurance, on a

28  form provided by the State Fire Marshal, containing

29  confirmation of insurance coverage as required by this

30  chapter. Failure, for any length of time, to provide proof of

31  insurance coverage as required shall result in the immediate


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  1  suspension of the license until proof of proper insurance is

  2  provided to the State Fire Marshal. An insurer which provides

  3  such coverage shall notify the State Fire Marshal of any

  4  change in coverage or of any termination, cancellation, or

  5  nonrenewal of any coverage.

  6         4.  The applicant successfully completes a prescribed

  7  training course offered by the State Fire College or an

  8  equivalent course approved by the State Fire Marshal.  This

  9  subparagraph does not apply to any holder of or applicant for

10  a permit under paragraph (f) (d) or to a business organization

11  or a governmental entity seeking initial licensure or renewal

12  of an existing license solely for the purpose of inspecting,

13  servicing, repairing, marking, recharging, and maintaining

14  fire extinguishers used and located on the premises of and

15  owned by such organization or entity.

16         5.  The applicant has a current retestor identification

17  number that is appropriate for the license for which the

18  applicant is applying and that is listed with the United

19  States Department of Transportation.

20         6.  The applicant has passed, with a grade of at least

21  70 percent, a written examination testing his or her knowledge

22  of the rules and statutes regulating the activities authorized

23  by the license and demonstrating his or her knowledge and

24  ability to perform those tasks in a competent, lawful, and

25  safe manner.  Such examination shall be developed and

26  administered by the State Fire Marshal, or his or her

27  designee.  An applicant shall pay a nonrefundable examination

28  fee of $50 for each examination or reexamination scheduled.

29  No reexamination shall be scheduled sooner than 30 days after

30  any administration of an examination to an applicant.  No

31  applicant shall be permitted to take an examination for any


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  1  level of license more than a total of four times during 1

  2  year, regardless of the number of applications submitted. As a

  3  prerequisite to taking the examination, the applicant:

  4         a.  Must be at least 18 years of age.

  5         b.  Must have 4 years of proven experience as a fire

  6  equipment permittee at a level equal to or greater than the

  7  level of license applied for or have a combination of

  8  education and experience determined to be equivalent thereto

  9  by the State Fire Marshal.  Having held a permit at the

10  appropriate level for the required period constitutes the

11  required experience.

12         c.  Must not have been convicted of, or pled nolo

13  contendere to, any felony. If an applicant has been convicted

14  of any such felony, the applicant must comply with s.

15  112.011(1)(b).

16

17  This subparagraph does not apply to any holder of or applicant

18  for a permit under paragraph (f) (d) or to a business

19  organization or a governmental entity seeking initial

20  licensure or renewal of an existing license solely for the

21  purpose of inspecting, servicing, repairing, marking,

22  recharging, hydrotesting, and maintaining fire extinguishers

23  used and located on the premises of and owned by such

24  organization or entity.

25

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

27         redesignation of paragraph (d) as paragraph (f)

28         by s. 53, ch. 98-419, Laws of Florida, and s.

29         2, ch. 98-170, Laws of Florida.

30

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  1         Section 2.  Subsection (5) of section 641.23, Florida

  2  Statutes, is amended to read:

  3         641.23  Revocation or cancellation of certificate of

  4  authority; suspension of enrollment of new subscribers; terms

  5  of suspension.--

  6         (5)  The department shall promulgate rules establishing

  7  an actuarially sound medical loss ratio ratios for Medicaid.

  8  In determining the appropriate medical loss ratio, the

  9  department shall consider factors, including but not limited

10  to, plan age, plan structure, geographic service area, product

11  mix, provider network, medical inflation, provider services,

12  other professional services, out of network referrals and

13  expenditures, in and out of network emergency room

14  expenditures, inpatient expenditures, other medical

15  expenditures, incentive pool adjustments, copayments,

16  coordination of benefits, subrogation, and any other expenses

17  associated with the delivery of medical benefits.  The

18  department shall utilize assistance from the Agency for Health

19  Care Administration, the State University System, an

20  independent actuary, and representatives from health

21  maintenance organizations in developing the rule for

22  appropriate medical loss ratios.

23

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

25         facilitate correct interpretation.

26

27         Section 3.  Paragraph (b) of subsection (2) and

28  subsection (6) of section 641.316, Florida Statutes, are

29  amended to read:

30         641.316  Fiscal intermediary services.--

31         (2)


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  1         (b)  The term "fiscal intermediary services

  2  organization" means a person or entity which performs

  3  fiduciary or fiscal intermediary services to health care

  4  professionals who contract with health maintenance

  5  organizations other than a fiscal intermediary services

  6  organization owned, operated, or controlled by a hospital

  7  licensed under chapter 395, an insurer licensed under chapter

  8  624, a third-party administrator licensed under chapter 626, a

  9  prepaid limited health service organization licensed under

10  chapter 636, a health maintenance organization licensed under

11  this chapter, or physician group practices as defined in s.

12  455.654(3)(h) 455.654(3)(f).

13         (6)  Any fiscal intermediary services organization,

14  other than a fiscal intermediary services organization owned,

15  operated, or controlled by a hospital licensed under chapter

16  395, an insurer licensed under chapter 624, a third-party

17  administrator licensed under chapter 626, a prepaid limited

18  health service organization licensed under chapter 636, a

19  health maintenance organization licensed under this chapter,

20  or physician group practices as defined in s. 455.654(3)(h)

21  455.654(3)(f), must register with the department and meet the

22  requirements of this section. In order to register as a fiscal

23  intermediary services organization, the organization must

24  comply with ss. 641.21(1)(c) and (d) and 641.22(6). Should the

25  department determine that the fiscal intermediary services

26  organization does not meet the requirements of this section,

27  the registration shall be denied. In the event that the

28  registrant fails to maintain compliance with the provisions of

29  this section, the department may revoke or suspend the

30  registration. In lieu of revocation or suspension of the

31


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  1  registration, the department may levy an administrative

  2  penalty in accordance with s. 641.25.

  3

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

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

  6         455.654(3)(h) by s. 1, ch. 99-356, Laws of

  7         Florida.

  8

  9         Section 4.  Section 658.26, Florida Statutes, is

10  reenacted to read:

11         658.26  Places of transacting business; branches;

12  facilities.--

13         (1)  Any bank or trust company heretofore or hereafter

14  incorporated pursuant to this chapter shall have one main

15  office, which shall be located within the state.

16         (2)(a)  In addition, with the approval of the

17  department and upon such conditions as the department

18  prescribes, any bank or trust company may establish branches

19  within or outside the state. With the approval of the

20  department upon a determination that the resulting bank or

21  trust company will be of sound financial condition, any bank

22  or trust company incorporated pursuant to this chapter may

23  establish branches by merger with any other bank or trust

24  company.

25         (b)  An application for a branch shall be in writing in

26  such form as the department prescribes and be supported by

27  such information, data, and records as the department may

28  require to make findings necessary for approval. Applications

29  filed pursuant to this subsection shall not be published in

30  the Florida Administrative Weekly but shall otherwise be

31  subject to the provisions of chapter 120.  Upon the filing of


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  1  an application and a nonrefundable filing fee for the

  2  establishment of any branch permitted by paragraph (a), the

  3  department shall make an investigation with respect to

  4  compliance with the requirements of paragraph (a) and shall

  5  investigate and consider all factors relevant to such

  6  requirements, including the following:

  7         1.  The sufficiency of capital accounts in relation to

  8  the deposit liabilities of the bank, or in relation to the

  9  number and valuation of fiduciary accounts of the trust

10  company, including the proposed branch, and the additional

11  fixed assets, if any, which are proposed for the branch and

12  its operations, without undue risk to the bank or its

13  depositors, or undue risk to the trust company or its

14  fiduciary accounts;

15         2.  The sufficiency of earnings and earning prospects

16  of the bank or trust company to support the anticipated

17  expenses and any anticipated operating losses of the branch

18  during its formative or initial years;

19         3.  The sufficiency and quality of management available

20  to operate the branch;

21         4.  The name of the proposed branch to determine if it

22  reasonably identifies the branch as a branch of the main

23  office and is not likely to unduly confuse the public; and

24         5.  Substantial compliance by the applicants with

25  applicable law governing their operations.

26         (c)  As provided by departmental rule, a financial

27  institution operating in a safe and sound manner may establish

28  a branch by filing a written notice with the department at

29  least 30 days before opening that branch. In such case, the

30  financial institution need not file a branch application or

31  pay a branch application fee.


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  1         (3)(a)  An office in this state may be relocated with

  2  prior written approval of the department. An application for

  3  relocation shall be in writing in such form as the department

  4  prescribes and shall be supported by such information, data,

  5  and records as the department may require to make findings

  6  necessary for approval.

  7         (b)  Applications filed pursuant to this subsection

  8  shall not be published in the Florida Administrative Weekly

  9  but shall otherwise be subject to the provisions of chapter

10  120. However, an application for the relocation of a main

11  office that has not been in operation for at least 24 months

12  shall be published in the Florida Administrative Weekly. Upon

13  the filing of a relocation application and a nonrefundable

14  filing fee, the department shall investigate to determine

15  substantial compliance by the financial institution with

16  applicable law governing its operations. Additional

17  investments in land, buildings, leases, and leasehold

18  improvements resulting from such relocation shall comply with

19  the limitations imposed by s. 658.67(7)(a). A main office may

20  not be moved outside this state unless expressly authorized by

21  the financial institutions codes or by federal law.

22         (c)  A relocation application, filed by a strong,

23  well-managed state bank or trust company, which is not denied

24  within 10 working days after receipt shall be deemed approved

25  unless the department notifies the financial institution in

26  writing that the application was not complete.

27         (d)  In addition to the application required by

28  paragraph (a), a financial institution whose main office in

29  this state has been in operation less than 24 months must

30  provide evidence that the criteria of s. 658.21(1) will be

31  met.


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  1         (e)  With 30 days' prior written notice, an established

  2  branch office may be consolidated with another established

  3  branch office when the two offices are located within a 1-mile

  4  radius. The notice shall include any information the

  5  department may prescribe by rule.

  6         (f)  A branch office may be closed with 30 days' prior

  7  written notice to the department. The notice shall include any

  8  information the department may prescribe by rule.

  9         (4)  With prior written notification to the department,

10  any bank may operate facilities which are not physically

11  connected to the main or branch office of the bank, provided

12  that the facilities are situated on the property of the main

13  or branch office or property contiguous thereto. Property

14  which is separated from the main or branch office of a bank by

15  only a street, and one or more walkways and alleyways are

16  determined to be, for purposes of this subsection, contiguous

17  to the property of the main or branch office.

18         (5)  A bank may provide, directly or through a contract

19  with another company, off-premises armored car service to its

20  customers.  Armored car services shall not be considered a

21  branch for the purposes of subsection (2).

22         (6)(a)  Any state bank that is a subsidiary of a bank

23  holding company may agree to receive deposits, renew time

24  deposits, close loans, service loans, and receive payments on

25  loans and other obligations, as an agent for an affiliated

26  depository institution.

27         (b)  The term "close loan" does not include the making

28  of a decision to extend credit or the extension of credit.

29         (c)  As used in this section, "receive deposits" means

30  the taking of deposits to be credited to an existing account

31  and does not include the opening or origination of new deposit


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  1  accounts at an affiliated institution by the agent

  2  institution.

  3         (d)  Under this section, affiliated banks may act as

  4  agents for one another regardless of whether the institutions

  5  are located in the same or different states.  This section

  6  applies solely to affiliated depository institutions acting as

  7  agents, and has no application to agency relationships

  8  concerning nondepositories as agent, whether or not affiliated

  9  with the depository institution.

10         (e)  In addition, under this section, agent banks may

11  perform ministerial functions for the principal bank making a

12  loan.  Ministerial functions include, but are not limited to,

13  such activities as providing loan applications, assembling

14  documents, providing a location for returning documents

15  necessary for making the loan, providing loan account

16  information, and receiving payments.  It does not include such

17  loan functions as evaluating applications or disbursing loan

18  funds.

19

20  For the purposes of this section, a strong, well-managed state

21  bank or trust company is an institution that has been in

22  operation for at least 24 months, is well capitalized, has

23  received a satisfactory rating at the institution's most

24  recent state or federal safety and soundness examination, and

25  is not the object of any enforcement action.

26

27         Reviser's note.--Section 3, ch. 99-138, Laws of

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

29         but failed to republish the flush left language

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

31         affirmative evidence that the Legislature


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  1         intended to repeal the flush left language, s.

  2         658.26 is reenacted to confirm that the

  3         omission was not intended.

  4

  5         Section 5.  Section 663.066, Florida Statutes, is

  6  amended to read:

  7         663.066  Acquisition or ownership of state banks by

  8  international banking corporations.--Notwithstanding the

  9  provisions of s. 658.29, An international banking corporation

10  may, with the approval of the department pursuant to s.

11  658.28, acquire control over or organize a state bank

12  organized under the laws of this state. For the purposes of

13  this section, the word "bank" shall have the meaning given in

14  s. 2(c) of the Bank Holding Company Act of 1956, 12 U.S.C. s.

15  1841(c).

16

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

18         repeal of s. 658.29 by s. 15, ch. 96-168, Laws

19         of Florida.

20

21         Section 6.  Paragraphs (b) and (c) of subsection (2) of

22  section 671.304, Florida Statutes, are amended to read:

23         671.304  Laws not repealed; precedence where code

24  provisions in conflict with other laws; certain statutory

25  remedies retained.--

26         (2)  The following laws and parts of laws are

27  specifically not repealed and shall take precedence over any

28  provisions of this code which may be inconsistent or in

29  conflict therewith:

30         (b)  Chapter 687--Interest and usury; lending

31  practices.


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  1         (c)  Chapter 516--Florida Consumer Finance Act Small

  2  loan business.

  3

  4         Reviser's note.--Paragraph (2)(b) is amended to

  5         conform to changes in the chapter title made

  6         incident to the compilation of Florida Statutes

  7         1991 and Florida Statutes 1999. Paragraph

  8         (2)(c) is amended to conform to the designation

  9         of chapter 516 as the Florida Consumer Finance

10         Act by s. 1, ch. 73-192, Laws of Florida.

11

12         Section 7.  Subsection (2) of section 741.29, Florida

13  Statutes, is amended to read:

14         741.29  Domestic violence; investigation of incidents;

15  notice to victims of legal rights and remedies; reporting.--

16         (2)  When a law enforcement officer investigates an

17  allegation that an incident of domestic violence has occurred,

18  the officer shall handle the incident pursuant to the arrest

19  policy provided in s. 901.15(7) 901.15(7)(a), and as developed

20  in accordance with subsections (3), (4), and (5). Whether or

21  not an arrest is made, the officer shall make a written police

22  report that is complete and clearly indicates the alleged

23  offense was an incident of domestic violence. Such report

24  shall be given to the officer's supervisor and filed with the

25  law enforcement agency in a manner that will permit data on

26  domestic violence cases to be compiled. Such report must

27  include:

28         (a)  A description of physical injuries observed, if

29  any.

30         (b)  If a law enforcement officer decides not to make

31  an arrest or decides to arrest two or more parties, the


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  1  officer shall include in the report the grounds for not

  2  arresting anyone or for arresting two or more parties.

  3         (c)  A statement which indicates that a copy of the

  4  legal rights and remedies notice was given to the victim.

  5

  6  Whenever possible, the law enforcement officer shall obtain a

  7  written statement from the victim and witnesses concerning the

  8  alleged domestic violence. The officer shall submit the report

  9  to the supervisor or other person to whom the employer's rules

10  or policies require reports of similar allegations of criminal

11  activity to be made. The law enforcement agency shall, without

12  charge, send a copy of the initial police report, as well as

13  any subsequent, supplemental, or related report, which

14  excludes victim/witness statements or other materials that are

15  part of an active criminal investigation and are exempt from

16  disclosure under chapter 119, to the nearest locally certified

17  domestic violence center within 24 hours after the agency's

18  receipt of the report. The report furnished to the domestic

19  violence center must include a narrative description of the

20  domestic violence incident.

21

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

23         removal of paragraph designations from s.

24         901.15(7) by s. 57, ch. 99-193, Laws of

25         Florida.

26

27         Section 8.  Subsection (9) of section 744.444, Florida

28  Statutes, is amended to read:

29         744.444  Power of guardian without court

30  approval.--Without obtaining court approval, a plenary

31  guardian of the property, or a limited guardian of the


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  1  property within the powers granted by the order appointing the

  2  guardian or an approved annual or amended guardianship report,

  3  may:

  4         (9)  Elect whether to dissent from a will under the

  5  provisions of s. 732.2125(2) 732.210(2) or assert any other

  6  right or choice available to a surviving spouse in the

  7  administration of a decedent's estate.

  8

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

10         redesignation of s. 732.210(2) as s.

11         732.2125(2) by s. 12, ch. 99-343, Laws of

12         Florida.

13

14         Section 9.  Paragraph (c) of subsection (10) of section

15  768.28, Florida Statutes, is amended to read:

16         768.28  Waiver of sovereign immunity in tort actions;

17  recovery limits; limitation on attorney fees; statute of

18  limitations; exclusions; indemnification; risk management

19  programs.--

20         (10)

21         (c)  For purposes of this section, regional poison

22  control centers created in accordance with s. 395.1027 and

23  coordinated and supervised under the Division of Children's

24  Medical Services Prevention and Intervention of the Department

25  of Health, or any of their employees or agents, shall be

26  considered agents of the State of Florida, Department of

27  Health. Any contracts with poison control centers must

28  provide, to the extent permitted by law, for the

29  indemnification of the state by the agency for any liabilities

30  incurred up to the limits set out in this chapter.

31


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

  2         facilitate correct interpretation, and conform

  3         to amendments to s. 20.43 relating to the

  4         Department of Health by s. 2, ch. 99-397, Laws

  5         of Florida.

  6

  7         Section 10.  Section 938.07, Florida Statutes, is

  8  amended to read:

  9         938.07  Driving under the influence.--Notwithstanding

10  any other provision of s. 316.193, a court cost of $135 shall

11  be added to any fine imposed pursuant to s. 316.193, of which

12  $25 shall be deposited in the Emergency Medical Services Trust

13  Fund, $50 shall be deposited in the Criminal Justice Standards

14  and Training Trust Fund of the Department of Law Enforcement

15  to be used for operational expenses in conducting the

16  statewide criminal analysis laboratory system established in

17  s. 943.32, and $60 shall be deposited in the Brain and Spinal

18  Cord Injury Rehabilitation Trust Fund created in s. 381.79

19  413.613.

20

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

22         redesignation of s. 413.613 as s. 381.79 by s.

23         23, ch. 99-240, Laws of Florida.

24

25         Section 11.  Paragraph (b) of subsection (3) of section

26  943.051, Florida Statutes, is amended to read:

27         943.051  Criminal justice information; collection and

28  storage; fingerprinting.--

29         (3)

30

31


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  1         (b)  A minor who is charged with or found to have

  2  committed the following offenses shall be fingerprinted and

  3  the fingerprints shall be submitted to the department:

  4         1.  Assault, as defined in s. 784.011.

  5         2.  Battery, as defined in s. 784.03.

  6         3.  Carrying a concealed weapon, as defined in s.

  7  790.01(1).

  8         4.  Unlawful use of destructive devices or bombs, as

  9  defined in s. 790.1615(1).

10         5.  Negligent treatment of children, as defined in s.

11  827.05.

12         6.  Assault or battery on a law enforcement officer, a

13  firefighter, or other specified officers, as defined in s.

14  784.07(2)(a) and (b).

15         7.  Open carrying of a weapon, as defined in s.

16  790.053.

17         8.  Exposure of sexual organs, as defined in s. 800.03.

18         9.  Unlawful possession of a firearm, as defined in s.

19  790.22(5).

20         10.  Petit theft, as defined in s. 812.014(3).

21         11.  Cruelty to animals, as defined in s. 828.12(1).

22         12.  Arson, as defined in s. 806.031(1).

23         13.  Unlawful possession or discharge of or a weapon or

24  firearm at a school-sponsored event or on school property as

25  defined in s. 790.115.

26

27         Reviser's note.--Amended to conform to context,

28         improve clarity, and facilitate correct

29         interpretation.

30

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  1         Section 12.  Section 943.0535, Florida Statutes, is

  2  amended to read:

  3         943.0535  Aliens, criminal records.--It shall be the

  4  duty of the clerk of court to furnish without charge a

  5  certified copy of the complaint, information, or indictment

  6  and the judgment and sentence and any other record pertaining

  7  to the case of any alien to the United States immigration

  8  officer in charge of the territory or district in which the

  9  court is located in every case in which an alien is convicted

10  of a felony or misdemeanor or enters a plea of guilty or nolo

11  contendere to any felony or misdemeanor charge.  The state

12  attorney shall assist the clerk of the court in determining if

13  a defendant entering a plea or is convicted is an alien.

14

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

16         facilitate correct interpretation.

17

18         Section 13.  Subsection (4) of section 943.0544,

19  Florida Statutes, is amended to read:

20         943.0544  Criminal justice information network and

21  information management.--

22         (4)  In carrying out its duties under this section, the

23  department may enter into contracts; conduct pilot studies and

24  projects; and assess and collect fees, commissions, royalties,

25  or other charges from entities approved for special presence

26  on the Criminal Justice Network in consideration for such

27  presence. The department may enter into agreements by which

28  products, programs, or services of value to the department or

29  the information needs of criminal justice agencies are

30  provided in lieu of all or a part of a fee, commission,

31  royalty, or charge that might otherwise be assessed by the


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  1  department upon an entity granted special limited presence as

  2  provided in this subsection.

  3

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

  5         facilitate correct interpretation.

  6

  7         Section 14.  Subsection (1) of section 943.1702,

  8  Florida Statutes, is amended to read:

  9         943.1702  Collection of statistics on domestic

10  violence.--

11         (1)  In compiling the Department of Law Enforcement

12  Crime in Florida Annual Report, the department shall include

13  the results of the arrest policy provided for under s.

14  901.15(7) 901.15(7)(a) with respect to domestic violence to

15  include: separate statistics on occurrences of and arrests for

16  domestic versus nondomestic violence, such as battery,

17  aggravated battery, assault, aggravated assault, sexual

18  battery, the illegal use of firearms, arson, homicide, murder,

19  manslaughter, or the attempt of any of the above.

20

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

22         removal of paragraph designations from s.

23         901.15(7) by s. 57, ch. 99-193, Laws of

24         Florida.

25

26         Section 15.  Subsection (1) of section 943.25, Florida

27  Statutes, is amended to read:

28         943.25  Criminal justice trust funds; source of funds;

29  use of funds.--

30         (1)  The Department of Community Affairs may approve,

31  for disbursement from its the Operating Trust Fund established


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  1  pursuant to s. 290.034, those appropriated sums necessary and

  2  required by the state for grant matching, implementing,

  3  administering, evaluating, and qualifying for such federal

  4  funds. Disbursements from the trust fund for the purpose of

  5  supplanting state general revenue funds may not be made

  6  without specific legislative appropriation.

  7

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

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

10         of Florida.

11

12         Section 16.  Section 946.205, Florida Statutes, is

13  amended to read:

14         946.205  Institutional work.--The department may cause

15  to be cultivated by the inmates of the adult correctional

16  institutions that are under the control and supervision of the

17  department such food items as are grown on farms or in gardens

18  generally, and as are needed and used in the state

19  institutions. The department may sell any surplus food items

20  to the corporation authorized under part II of this chapter.

21  Any proceeds received from such sales by the department shall

22  be deposited into the Correctional Work Program Trust Fund.

23  The department may also use the services of inmates of the

24  adult correctional institutions that are under the control and

25  supervision of the department to perform such work as is

26  needed and used within the state institutions.

27

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

29         facilitate correct interpretation.

30

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  1         Section 17.  Subsection (7) of section 946.515, Florida

  2  Statutes, is amended to read:

  3         946.515  Use of goods and services produced in

  4  correctional work programs.--

  5         (7)  The provisions of s. ss. 946.21 and 946.518 do not

  6  apply to this section.

  7

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

  9         repeal of s. 946.21 by s. 12, ch. 99-260, Laws

10         of Florida.

11

12         Section 18.  Section 946.518, Florida Statutes, is

13  amended to read:

14         946.518  Sale of goods made by prisoners; when

15  prohibited, when permitted.--Goods, wares, or merchandise

16  manufactured or mined in whole or in part by prisoners (except

17  prisoners on parole or probation) may not be sold or offered

18  for sale in this state by any person or by any federal

19  authority or state or political subdivision thereof; however,

20  this section does and s. 946.21 do not forbid the sale,

21  exchange, or disposition of such goods within the limitations

22  set forth in s. 946.006(3), s. 946.515, or s. 946.519.

23

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

25         repeal of ss. 946.006, 946.21, and 946.519 by

26         s. 12, ch. 99-260, Laws of Florida.

27

28         Section 19.  Subsection (4) of section 960.045, Florida

29  Statutes, is amended to read:

30

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  1         960.045  Department of Legal Affairs; powers and

  2  duties.--It shall be the duty of the department to assist

  3  persons who are victims of crime.

  4         (4)  The department shall establish criteria governing

  5  awards for catastrophic injury as a direct result of a crime.

  6

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

  8         context of the section, improve clarity, and

  9         facilitate correct interpretation.

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