House Bill 1065er

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  2         An act relating to the Florida Statutes;

  3         amending ss. 175.032, 175.181, 185.02,

  4         215.5602, 216.181, 288.1224, 288.9957,

  5         288.9958, 288.9959, 455.654, 468.354, 608.4237,

  6         and 733.817, F.S., to conform to the directive

  7         in s. 1, ch. 93-199, Laws of Florida, to remove

  8         gender-specific references applicable to human

  9         beings from the Florida Statutes without

10         substantive change in legal effect.

11

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

13

14         Section 1.  Paragraph (a) of subsection (3) and

15  subsection (5) of section 175.032, Florida Statutes, are

16  amended to read:

17         175.032  Definitions.--For any municipality, special

18  fire control district, chapter plan, local law municipality,

19  local law special fire control district, or local law plan

20  under this chapter, the following words and phrases have the

21  following meanings:

22         (3)  "Compensation" or "salary" means the fixed monthly

23  remuneration paid a firefighter; where, as in the case of a

24  volunteer firefighter, remuneration is based on actual

25  services rendered, the term means the total cash remuneration

26  received yearly for such services, prorated on a monthly

27  basis.

28         (a)  A retirement trust fund or plan may use a

29  definition of salary other than the definition in this

30  subsection but only if the monthly retirement income payable

31  to each firefighter covered by the retirement trust fund or


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  1  plan, as determined under s. 175.162(2)(a) and using such

  2  other definition, equals or exceeds the monthly retirement

  3  income that would be payable to each firefighter if his or her

  4  monthly retirement income were determined under s.

  5  175.162(2)(a) and using the definition in this subsection.

  6         (5)  "Deferred Retirement Option Plan" or "DROP" means

  7  a local law plan retirement option in which a firefighter may

  8  elect to participate. A firefighter may retire for all

  9  purposes of the plan and defer receipt of retirement benefits

10  into a DROP account while continuing employment with his or

11  her employer. However, a firefighter who enters the DROP and

12  who is otherwise eligible to participate shall not thereby be

13  precluded from participating, or continuing to participate, in

14  a supplemental plan in existence on, or created after, the

15  effective date of this act.

16         Section 2.  Subsection (2) of section 175.181, Florida

17  Statutes, is amended to read:

18         175.181  Beneficiaries.--For any municipality, special

19  fire control district, chapter plan, local law municipality,

20  local law special fire control district, or local law plan

21  under this chapter:

22         (2)  If no beneficiary is named in the manner provided

23  by subsection (1), or if no beneficiary designated by the

24  member survives him or her, the death benefit, if any, which

25  may be payable under the plan with respect to such deceased

26  firefighter shall be paid by the board of trustees to the

27  estate of such deceased firefighter, provided that the board

28  of trustees, in its discretion, may direct that the commuted

29  value of the remaining monthly income payments be paid in a

30  lump sum.  Any payment made to any person pursuant to this

31  subsection shall operate as a complete discharge of all


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  1  obligations under the plan with regard to the deceased

  2  firefighter and any other persons with rights under the plan

  3  and shall not be subject to review by anyone but shall be

  4  final, binding, and conclusive on all persons ever interested

  5  hereunder.

  6         Section 3.  Subsection (6) of section 185.02, Florida

  7  Statutes, is amended to read:

  8         185.02  Definitions.--For any municipality, chapter

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

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

11  chapter shall have the following meanings, unless a different

12  meaning is plainly required by the context:

13         (6)  "Deferred Retirement Option Plan" or "DROP" means

14  a local law plan retirement option in which a police officer

15  may elect to participate. A police officer may retire for all

16  purposes of the plan and defer receipt of retirement benefits

17  into a DROP account while continuing employment with his or

18  her employer. However, a police officer who enters the DROP

19  and who is otherwise eligible to participate shall not thereby

20  be precluded from participating, or continuing to participate,

21  in a supplemental plan in existence on, or created after, the

22  effective date of this act.

23         Section 4.  Paragraph (a) of subsection (3) of section

24  215.5602, Florida Statutes, is amended to read:

25         215.5602  Florida Biomedical Research Program.--

26         (3)  There is created within the Department of Health

27  the Biomedical Research Advisory Council.

28         (a)  The council shall consist of nine members,

29  including: the chief executive officer of the Florida Division

30  of the American Cancer Society, or a designee; the chief

31  executive officer of the Florida/Puerto Rico Affiliate of the


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  1  American Heart Association, or a designee; and the chief

  2  executive officer of the American Lung Association of Florida,

  3  or a designee. The Governor shall appoint the remaining six

  4  members of the council, as follows:

  5         1.  Two members with expertise in the field of

  6  biomedical research.

  7         2.  One member with expertise in the field of

  8  behavioral or social research.

  9         3.  One member from a professional medical

10  organization.

11         4.  One member from a research university in the state.

12         5.  One member representing the general population of

13  the state.

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15  In making his or her appointments, the Governor shall select

16  primarily, but not exclusively, Floridians with biomedical and

17  lay expertise in the general areas of cancer, cardiovascular

18  disease, stroke, and pulmonary disease. The Governor's

19  appointments shall be for a 3-year term and shall reflect the

20  diversity of the state's population. A council member

21  appointed by the Governor may not serve more than two

22  consecutive terms.

23         Section 5.  Subsection (18) of section 216.181, Florida

24  Statutes, is amended to read:

25         216.181  Approved budgets for operations and fixed

26  capital outlay.--

27         (18)  Notwithstanding any other provision of this

28  chapter to the contrary, the Florida Department of

29  Transportation, in order to facilitate the transfer of

30  personnel to the new turnpike headquarters location in Orange

31  County, may transfer salary rate to the turnpike budget entity


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  1  from other departmental budget entities. The department must

  2  provide documentation of all transfers to the Executive Office

  3  of the Governor, the chair Chairman of the Senate Budget

  4  Committee, and the chair Chairman of the House of

  5  Representatives Committee on Transportation and Economic

  6  Development Appropriations. This subsection expires July 1,

  7  2000.

  8         Section 6.  Subsection (12) of section 288.1224,

  9  Florida Statutes, is amended to read:

10         288.1224  Powers and duties.--The commission:

11         (12)  Shall establish a statewide advisory committee of

12  the commission to assist the commission with implementation of

13  a plan to protect and promote all of the natural, coastal,

14  historical, and cultural tourism assets of this state. The

15  duties of the committee shall include, but are not limited to,

16  helping to develop and review nature-based tourism and

17  heritage tourism policies, coordinate governmental and

18  private-sector interests in nature-based tourism and heritage

19  tourism, and integrate federal, state, regional, and local

20  nature-based tourism and heritage tourism marketing

21  strategies. The chair chairman of the commission shall appoint

22  members of the advisory committee based upon recommendations

23  from the commission. Members shall include:

24         (a)  A representative of each of the following state

25  governmental organizations: the Department of Agriculture, the

26  Department of Environmental Protection, the Department of

27  Community Affairs, the Department of Transportation, the

28  Department of State, the Florida Greenways Coordinating

29  Council, and the Florida Fish and Wildlife Conservation

30  Commission.

31         (b)  A representative of Enterprise Florida, Inc.


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  1         (c)  Representatives of regional nature-based tourism

  2  or heritage tourism committees or associations that are

  3  established by local tourism organizations throughout the

  4  state.

  5         (d)  Representatives of the private sector with

  6  experience in environmental, historical, cultural,

  7  recreational, or other tourism-related activities.

  8         (e)  Representatives of two not-for-profit

  9  environmental organizations with expertise in environmental

10  resource protection and land management.

11         (f)  A representative from a local economic development

12  organization serving a rural community.

13         (g)  A representative from a local economic development

14  organization serving a nonrural community.

15         (h)  Representatives from any other organizations that

16  the chair chairman of the commission, based upon

17  recommendations from the commission, deems appropriate.

18         Section 7.  Subsection (1) of section 288.9957, Florida

19  Statutes, is amended to read:

20         288.9957  Florida Youth Workforce Council.--

21         (1)  The chair chairman of the Workforce Development

22  Board shall designate the Florida Youth Workforce Council from

23  representatives of distressed inner-city and rural communities

24  who have demonstrated experience working with at-risk youth,

25  and representatives of public and private groups, including,

26  but not limited to, School-to-Work Advisory Councils, the

27  National Guard, Childrens' Services Councils, Juvenile Welfare

28  Boards, the Apprenticeship Council, Juvenile Justice District

29  Boards, and other federal and state programs that target

30  youth, to advise the board on youth programs and to implement

31  Workforce Development Board strategies for young people.


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  1         Section 8.  Subsection (1) of section 288.9958, Florida

  2  Statutes, is amended to read:

  3         288.9958  Employment, Occupation, and Performance

  4  Information Coordinating Committee.--

  5         (1)  By July 15, 1999, the chair chairman of the

  6  Workforce Development Board shall appoint an Employment,

  7  Occupation, and Performance Information Coordinating

  8  Committee, which shall assemble all employment, occupational,

  9  and performance information from workforce development

10  partners into a single integrated informational system. The

11  committee shall include representatives from the Bureau of

12  Labor Market and Performance Information, Florida Education

13  and Training Placement Information Program, and the State

14  Occupational Forecasting Conference, as well as other public

15  or private members with information expertise.

16         Section 9.  Subsection (1) of section 288.9959, Florida

17  Statutes, is amended to read:

18         288.9959  Operational Design and Technology Procurement

19  Committee.--

20         (1)  The chair chairman of the Workforce Development

21  Board shall appoint an Operational Design and Technology

22  Procurement Committee, which shall assemble representatives

23  from the regional workforce development boards, board staff,

24  and the staff of the WAGES State Board of Directors to design

25  and develop a model operational design and technology

26  procurement strategy for One-Stop Career Centers to ensure

27  that services from region to region are consistent for

28  customers, that customer service technology is compatible, and

29  that procurement expenditures, where possible, are aggregated

30  to obtain economies and efficiencies.

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  1         Section 10.  Paragraph (a) of subsection (4) of section

  2  455.654, Florida Statutes, is amended to read:

  3         455.654  Financial arrangements between referring

  4  health care providers and providers of health care services.--

  5         (4)  REQUIREMENTS FOR ACCEPTING OUTSIDE REFERRALS FOR

  6  DIAGNOSTIC IMAGING.--

  7         (a)  A group practice or sole provider accepting

  8  outside referrals for diagnostic imaging services is required

  9  to comply with the following conditions:

10         1.  Diagnostic imaging services must be provided

11  exclusively by a group practice physician or by a full-time or

12  part-time employee of the group practice or of the sole

13  provider's practice.

14         2.  All equity in the group practice or sole provider's

15  practice accepting outside referrals for diagnostic imaging

16  must be held by the physicians comprising the group practice

17  or the sole provider's practice, each of whom must provide at

18  least 75 percent of his or her professional services to the

19  group. Alternatively, the group must be incorporated under

20  chapter 617 and must be exempt under the provisions of s.

21  501(c)(3) of the Internal Revenue Code and be part of a

22  foundation in existence prior to January 1, 1999, that is

23  created for the purpose of patient care, medical education,

24  and research.

25         3.  A group practice or sole provider may not enter

26  into, extend or renew any contract with a practice management

27  company that provides any financial incentives, directly or

28  indirectly, based on an increase in outside referrals for

29  diagnostic imaging services from any group or sole provider

30  managed by the same practice management company.

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  1         4.  The group practice or sole provider accepting

  2  outside referrals for diagnostic imaging services must bill

  3  for both the professional and technical component of the

  4  service on behalf of the patient, and no portion of the

  5  payment, or any type of consideration, either directly or

  6  indirectly, may be shared with the referring physician.

  7         5.  Group practices or sole providers that have a

  8  Medicaid provider agreement with the Agency for Health Care

  9  Administration must furnish diagnostic imaging services to

10  their Medicaid patients and may not refer a Medicaid recipient

11  to a hospital for outpatient diagnostic imaging services

12  unless the physician furnishes the hospital with documentation

13  demonstrating the medical necessity for such a referral. If

14  necessary, the Agency for Health Care Administration may apply

15  for a federal waiver to implement this subparagraph.

16         6.  All group practices and sole providers accepting

17  outside referrals for diagnostic imaging shall report annually

18  to the Agency for Health Care Administration providing the

19  number of outside referrals accepted for diagnostic imaging

20  services and the total number of all patients receiving

21  diagnostic imaging services.

22         Section 11.  Paragraph (a) of subsection (3) of section

23  468.354, Florida Statutes, is amended to read:

24         468.354  Board of Respiratory Care; organization;

25  function.--

26         (3)(a)  Except as provided in paragraph (b), the term

27  of office for each board member shall be 4 years.  No member

28  shall serve for more than two consecutive terms.  Any time

29  there is a vacancy to be filled, all professional

30  organizations dealing with respiratory therapy incorporated

31  within the state as not for profit which register their


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  1  interest shall recommend at least twice as many persons to

  2  fill the vacancy as the number of vacancies to be filled, and

  3  the Governor may appoint from the submitted list, in his or

  4  her discretion, any of those persons so recommended.  The

  5  Governor shall, insofar as possible, appoint persons from

  6  different geographical areas.

  7         Section 12.  Paragraph (d) of subsection (1) of section

  8  608.4237, Florida Statutes, is amended to read:

  9         608.4237  Membership termination upon events of

10  bankruptcy.--A person ceases to be a member of a limited

11  liability company upon the occurrence of any of the following:

12         (1)  Unless otherwise provided in the articles of

13  organization or operating agreement, or with the written

14  consent of all members, a member:

15         (d)  Files a petition or answer seeking for herself or

16  himself any reorganization, arrangement, composition,

17  readjustment, liquidation, dissolution, or similar relief

18  under any statute, law, or regulation;

19         Section 13.  Paragraph (a) of subsection (1) and

20  subsection (6) of section 733.817, Florida Statutes, are

21  amended to read:

22         733.817  Apportionment of estate taxes.--

23         (1)  For purposes of this section:

24         (a)  "Fiduciary" means a person other than the personal

25  representative in possession of property included in the

26  measure of the tax who is liable to the applicable taxing

27  authority for payment of the entire tax to the extent of the

28  value of the property in his or her possession.

29         (6)  The personal representative or fiduciary shall not

30  be required to transfer to a recipient any property in

31  possession of the personal representative or fiduciary which


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  1  he or she reasonably anticipates may be necessary for the

  2  payment of taxes. Further, the personal representative or

  3  fiduciary shall not be required to transfer any property in

  4  possession of the personal representative or fiduciary to the

  5  recipient until the amount of the tax due from the recipient

  6  is paid by the recipient. If property is transferred before

  7  final apportionment of the tax, the recipient shall provide a

  8  bond or other security for his or her apportioned liability in

  9  the amount and form prescribed by the personal representative

10  or fiduciary.

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

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

14         93-199, Laws of Florida, to remove

15         gender-specific references applicable to human

16         beings from the Florida Statutes without

17         substantive change in legal effect.

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