Senate Bill 0968

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    Florida Senate - 2000        (NP)                       SB 968

    By Senator McKay





    rb2000-2

  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 213.05, 213.053, 215.22, 215.471,

  4         215.615, 216.031, 216.3505, 218.32, 218.321,

  5         228.053, 228.0565, 230.2305, 235.186, 235.187,

  6         235.2195, 235.2197, 240.2093, 240.334, 240.383,

  7         240.421, 242.335, 252.82, 253.034, 255.503,

  8         255.504, 255.518, 255.553, 259.04, 259.041,

  9         259.101, 259.105, 282.107, 282.3091, 282.5007,

10         288.063, 288.0655, 288.125, 295.18, 311.07,

11         316.003, 318.18, 318.21, 320.04, 320.086,

12         322.025, 327.35, 327.73, 328.48, 328.72,

13         328.73, 328.735, 331.401, 337.25, 338.227,

14         338.2275, 348.0005, 348.565, 348.755, 349.05,

15         364.515, and 369.252, F.S.; and reenacting s.

16         230.03(2), F.S., pursuant to s. 11.242, F.S.;

17         deleting provisions which have expired, have

18         become obsolete, have had their effect, have

19         served their purpose, or have been impliedly

20         repealed or superseded; replacing incorrect

21         cross-references and citations; correcting

22         grammatical, typographical, and like errors;

23         removing inconsistencies, redundancies, and

24         unnecessary repetition in the statutes;

25         improving the clarity of the statutes and

26         facilitating their correct interpretation; and

27         confirming the restoration of provisions

28         unintentionally omitted from republication in

29         the acts of the Legislature during the

30         amendatory process.

31

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

  2

  3         Section 1.  Section 213.05, Florida Statutes, is

  4  amended to read:

  5         213.05  Department of Revenue; control and

  6  administration of revenue laws.--The Department of Revenue

  7  shall have only those responsibilities for ad valorem taxation

  8  specified to the department in chapter 192, taxation, general

  9  provisions; chapter 193, assessments; chapter 194,

10  administrative and judicial review of property taxes; chapter

11  195, property assessment administration and finance; chapter

12  196, exemption; chapter 197, tax collections, sales, and

13  liens; chapter 199, intangible personal property taxes; and

14  chapter 200, determination of millage. The Department of

15  Revenue shall have the responsibility of regulating,

16  controlling, and administering all revenue laws and performing

17  all duties as provided in s. 125.0104, the Local Option

18  Tourist Development Act; s. 125.0108, tourist impact tax;

19  chapter 198, estate taxes; chapter 201, excise tax on

20  documents; chapter 203, gross receipts taxes; chapter 206,

21  motor and other fuel taxes; chapter 211, tax on production of

22  oil and gas and severance of solid minerals; chapter 212, tax

23  on sales, use, and other transactions; chapter 220, income tax

24  code; chapter 221, emergency excise tax; ss. 336.021 and

25  336.025, taxes on motor fuel and special fuel; s. 370.07(3),

26  Apalachicola Bay oyster surcharge; s. 376.11, pollutant spill

27  prevention and control; s. 403.718, waste tire fees; s.

28  403.7185, lead-acid battery fees; s. 403.7195, waste newsprint

29  disposal fees; s. 538.09, registration of secondhand dealers;

30  s. 538.25, registration of secondary metals recyclers; s.

31  624.4621, group self-insurer's fund premium tax; s. 624.5091,

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  1  retaliatory tax; s. 624.475, commercial self-insurance fund

  2  premium tax; ss. 624.509-624.511, insurance code:

  3  administration and general provisions; s. 624.515, State Fire

  4  Marshal regulatory assessment; s. 627.357, medical malpractice

  5  self-insurance premium tax; s. 629.5011, reciprocal insurers

  6  premium tax; and s. 681.117, motor vehicle warranty

  7  enforcement.

  8

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

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

11         of Florida.

12

13         Section 2.  Subsection (1) of section 213.053, Florida

14  Statutes, is amended to read:

15         213.053  Confidentiality and information sharing.--

16         (1)  The provisions of this section apply to s.

17  125.0104, county government; s. 125.0108, tourist impact tax;

18  chapter 175, municipal firefighters' pension trust funds;

19  chapter 185, municipal police officers' retirement trust

20  funds; chapter 198, estate taxes; chapter 199, intangible

21  personal property taxes; chapter 201, excise tax on documents;

22  chapter 203, gross receipts taxes; chapter 211, tax on

23  severance and production of minerals; chapter 212, tax on

24  sales, use, and other transactions; chapter 220, income tax

25  code; chapter 221, emergency excise tax; s. 252.372, emergency

26  management, preparedness, and assistance surcharge; s.

27  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

28  pollutant spill prevention and control; s. 403.718, waste tire

29  fees; s. 403.7185, lead-acid battery fees; s. 403.7195, waste

30  newsprint disposal fees; s. 538.09, registration of secondhand

31  dealers; s. 538.25, registration of secondary metals

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  1  recyclers; ss. 624.501 and 624.509-624.515, insurance code; s.

  2  681.117, motor vehicle warranty enforcement; and s. 896.102,

  3  reports of financial transactions in trade or business.

  4

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

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

  7         of Florida.

  8

  9         Section 3.  Paragraph (t) of subsection (1) of section

10  215.22, Florida Statutes, is amended to read:

11         215.22  Certain income and certain trust funds

12  exempt.--

13         (1)  The following income of a revenue nature or the

14  following trust funds shall be exempt from the deduction

15  required by s. 215.20(1):

16         (t)  That portion of the Highway Safety Operating Trust

17  Fund funded by the motorcycle safety education fee collected

18  pursuant to s. 320.08(1)(c) 320.08(1)(d).

19

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

21         redesignation of s. 320.08(1)(d) as s.

22         320.08(1)(c) by s. 6, ch. 99-385, Laws of

23         Florida.

24

25         Section 4.  Section 215.471, Florida Statutes, is

26  amended to read:

27         215.471  Divestiture by the State Board of

28  Administration.--The State Board of Administration shall

29  divest any investment under s. 121.151 and ss. 215.44-215.53

30  215.44-215.33, and is prohibited from investment in stocks,

31  securities, or other obligations of:

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  1         (1)  Any institution or company domiciled in the United

  2  States, or foreign subsidiary of a company domiciled in the

  3  United States, doing business in or with Cuba, or with

  4  agencies or instrumentalities thereof in violation of federal

  5  law.

  6         (2)  Any institution or company domiciled outside of

  7  the United States if the President of the United States has

  8  applied sanctions against the foreign country in which the

  9  institution or company is domiciled pursuant to s. 4 of the

10  Cuban Democracy Act of 1992.

11

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

13         error and conform to usage elsewhere in the

14         chapter. The referenced s. 215.33 does not

15         follow s. 215.44 in numerical order. It related

16         to a review of funds in the state treasury and

17         transfer of funds to be completed by June 30,

18         1945, and was repealed by s. 17, ch. 63-572,

19         Laws of Florida. Section 215.53 provides that

20         transfer of powers, duties, and

21         responsibilities of existing entities to the

22         Board of Administration pursuant to ss.

23         215.44-215.53 does not affect other powers not

24         transferred.

25

26         Section 5.  Subsection (1) of section 215.615, Florida

27  Statutes, is amended to read:

28         215.615  Fixed-guideway transportation systems

29  funding.--

30         (1)  The issuance of revenue bonds by the Division of

31  Bond Finance, on behalf of the Department of Transportation,

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  1  pursuant to s. 11, Art. VII of the State Constitution, is

  2  authorized, pursuant to the State Bond Act, to finance or

  3  refinance fixed capital expenditures for fixed-guideway

  4  transportation systems, as defined in s. 341.031, including

  5  facilities appurtenant thereto, costs of issuance, and other

  6  amounts relating to such financing or refinancing. Such

  7  revenue bonds shall be matched on a 50-50 basis with funds

  8  from sources other than revenues of the Department of

  9  Transportation, in a manner acceptable to the Department of

10  Transportation. The Division of Bond Finance is authorized to

11  consider innovative financing technologies which may include,

12  but are not limited to, innovative bidding and structures of

13  potential findings that may result in negotiated transactions.

14         (a)  The department and any participating commuter rail

15  authority or regional transportation authority established

16  under chapter 343, local governments, or local governments

17  collectively by interlocal agreement having jurisdiction of a

18  fixed-guideway transportation system may enter into an

19  interlocal agreement to promote the efficient and

20  cost-effective financing or refinancing of fixed-guideway

21  transportation system projects by revenue bonds issued

22  pursuant to this subsection. The terms of such interlocal

23  agreements shall include provisions for the Department of

24  Transportation to request the issuance of the bonds on behalf

25  of the parties; shall provide that each party to the agreement

26  is contractually liable for an equal share of funding an

27  amount equal to the debt service requirements of such bonds;

28  and shall include any other terms, provisions, or covenants

29  necessary to the making of and full performance under such

30  interlocal agreement. Repayments made to the department under

31  any interlocal agreement are not pledged to the repayment of

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  1  bonds issued hereunder, and failure of the local governmental

  2  authority to make such payment shall not affect the obligation

  3  of the department to pay debt service on the bonds.

  4         (b)  Revenue bonds issued pursuant to this subsection

  5  shall not constitute a general obligation of, or a pledge of

  6  the full faith and credit of, the State of Florida. Bonds

  7  issued pursuant to this section shall be payable from funds

  8  available pursuant to s. 206.46(3), subject to annual

  9  appropriation.  The amount of revenues available for debt

10  service shall never exceed a maximum of 2 percent of all state

11  revenues deposited into the State Transportation Trust Fund.

12         (c)  The projects to be financed or refinanced with the

13  proceeds of the revenue bonds issued hereunder are designated

14  as state fixed capital outlay projects for purposes of s.

15  11(d), Art. VII of the State Constitution, and the specific

16  projects to be financed or refinanced shall be determined by

17  the Department of Transportation in accordance with state law

18  and appropriations from the State Transportation Trust Fund.

19  Each project to be financed with the proceeds of the bonds

20  issued pursuant to this subsection must first be approved by

21  the Legislature by an act of general law.

22         (d)  Any complaint for validation of bonds issued

23  pursuant to this section shall be filed in the circuit court

24  of the county where the seat of state government is situated,

25  the notice required to be published by s. 75.06 shall be

26  published only in the county where the complaint is filed, and

27  the complaint and order of the circuit court shall be served

28  only on the state attorney of the circuit in which the action

29  is pending.

30         (e)  The state does hereby covenant with holders of

31  such revenue bonds or other instruments of indebtedness issued

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  1  hereunder, that it will not repeal or impair or amend these

  2  provisions in any manner that will materially and adversely

  3  affect the rights of such holders as long as bonds authorized

  4  by this subsection are outstanding.

  5         (f)  This subsection supersedes any inconsistent

  6  provisions in existing law.

  7

  8  Notwithstanding this subsection, the lien of revenue bonds

  9  issued pursuant to this subsection on moneys deposited into

10  the State Transportation Trust Fund shall be subordinate to

11  the lien on such moneys of bonds issued under ss. 215.605,

12  320.20, and 215.616, and any pledge of such moneys to pay

13  operating and maintenance expenses under s. 206.46(5)

14  subsection (5) and chapter 348, as may be amended.

15

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

17         correct location of the referenced material.

18

19         Section 6.  Subsection (8) of section 216.031, Florida

20  Statutes, is amended to read:

21         216.031  Budgets for operational expenditures.--A

22  legislative budget request, reflecting the independent

23  judgment of the head of the state agency, and of the Chief

24  Justice of the Supreme Court, with respect to the needs of the

25  agency and the judicial branch for operational expenditures

26  during the next fiscal year, shall be submitted by each head

27  of a state agency and by the Chief Justice of the Supreme

28  Court and shall contain the following:

29         (8)  An information resources management schedule

30  showing the agency's or judicial branch's total budget request

31  for information resources management.  The schedule shall be

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  1  in the format provided for in the legislative budget

  2  instructions.  The budget request for information resources

  3  management shall identify, if applicable, which parts of the

  4  request are in response to any information resources

  5  management issues included in the legislative budget

  6  instructions. This subsection is applicable only to those

  7  state agencies which are under the purview of ss.

  8  282.303-282.310 282.303-282.313 and to the judicial branch.

  9

10  Either chair of a legislative appropriations committee, or the

11  Executive Office of the Governor for state agencies, may

12  require the agency or the Chief Justice to address major

13  issues separate from those outlined in s. 216.023, this

14  section, and s. 216.043 for inclusion in the requests of the

15  agency or of the judicial branch.  The issues shall be

16  submitted to the agency no later than July 30 of each year and

17  shall be displayed in its requests as provided in the budget

18  instructions.  The Executive Office of the Governor may

19  request an agency, or the chair of the appropriations

20  committees of the Senate or House of Representatives may

21  request any agency or the judicial branch, to submit no later

22  than September 15 of each year a budget plan with respect to

23  targets established by the Governor or either chair. The

24  target budget shall require each entity to establish an order

25  of priorities for its budget issues and may include requests

26  for multiple options for the budget issues.  The target budget

27  may also require each entity to submit a program budget or a

28  performance-based budget in the format prescribed by the

29  Executive Office of the Governor or either chair; provided,

30  however, the target budget format shall be compatible with the

31  planning and budgeting system requirements set out in s.

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  1  216.141.  Such a request shall not influence the agencies' or

  2  judicial branch's independent judgment in making legislative

  3  budget requests, as required by law.

  4

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

  6         repeal of ss. 282.311 and 282.312 by s. 18, ch.

  7         97-286, Laws of Florida; s. 282.3115 by s. 11,

  8         ch. 91-171, Laws of Florida; and s. 282.313 by

  9         s. 18, ch. 97-241, Laws of Florida.

10

11         Section 7.  Section 216.3505, Florida Statutes, is

12  amended to read:

13         216.3505  Refinancing of bonds.--The Division of Bond

14  Finance of the State Board of Administration is hereby

15  authorized to refinance any or all bonds previously issued

16  pursuant to the provisions of s. 11(d), Art. VII of the State

17  Constitution, and all projects that have been built or are

18  scheduled to be built with the proceeds of bonds previously

19  issued pursuant to the provisions of s. 11(d), Art. VII of the

20  State Constitution are hereby approved in accordance with the

21  provisions of s. 11(f) 11(e), Art. VII of the State

22  Constitution for the purposes of one or more refinancings of

23  any or all of such bonds as may be determined by the Division

24  of Bond Finance.  The bonds authorized to be issued shall not

25  be counted towards any statutory limit on the dollar amount of

26  bonds which may be issued for any bond program.

27

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

29         redesignation of s. 11(e), Art. VII of the

30         State Constitution, as s. 11(f) necessitated by

31

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  1         the creation of a new s. 11(e) by Revision No.

  2         5 (1998).

  3

  4         Section 8.  Paragraph (d) of subsection (1) of section

  5  218.32, Florida Statutes, is amended to read:

  6         218.32  Annual financial reports; local governmental

  7  entities.--

  8         (1)

  9         (d)  Each local governmental entity that is required to

10  provide for an audit report in accordance with s.

11  11.45(3)(a)5. 11.45(3)(a)4. must submit the annual financial

12  report with the audit report. A copy of the audit report and

13  annual financial report must be submitted to the department

14  within 45 days after the completion of the audit report but no

15  later than 12 months after the end of the fiscal year. All

16  other reporting entities must submit the annual financial

17  report to the department no later than April 30 of each year.

18

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

20         redesignation of s. 11.45(3)(a)4. as s.

21         11.45(3)(a)5. by s. 3, ch. 99-333, Laws of

22         Florida.

23

24         Section 9.  Subsection (2) of section 218.321, Florida

25  Statutes, is amended to read:

26         218.321  Annual financial statements; local

27  governmental entities.--

28         (2)  Each local governmental entity that is not

29  required to provide for an audit report in accordance with s.

30  11.45(3)(a)5. 11.45(3)(a)4. must complete its financial

31

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  1  statements no later than 12 months after the end of the fiscal

  2  year.

  3

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

  5         redesignation of s. 11.45(3)(a)4. as s.

  6         11.45(3)(a)5. by s. 3, ch. 99-333, Laws of

  7         Florida.

  8

  9         Section 10.  Paragraph (a) of subsection (12) of

10  section 228.053, Florida Statutes, is amended to read:

11         228.053  Developmental research schools.--

12         (12)  EXCEPTIONS TO LAW.--To encourage innovative

13  practices and facilitate the mission of the developmental

14  research schools, in addition to the exceptions to law

15  specified in s. 229.592, the following exceptions shall be

16  permitted for developmental research schools:

17         (a)  The methods and requirements of the following

18  statutes shall be held in abeyance:  ss. 230.01; 230.02;

19  230.03; 230.04; 230.05; 230.061; 230.10; 230.105; 230.11;

20  230.12; 230.15; 230.16; 230.17; 230.173; 230.18; 230.19;

21  230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318; 230.232;

22  230.24; 230.241; 230.26; 230.28; 230.30; 230.303; 230.31;

23  230.32; 230.321; 230.33; 230.35; 230.39; 230.63; 230.64;

24  230.643; 234.01; 234.021; 234.112; 236.25; 236.261; 236.29;

25  236.31; 236.32; 236.35; 236.36; 236.37; 236.38; 236.39;

26  236.40; 236.41; 236.42; 236.43; 236.44; 236.45; 236.46;

27  236.47; 236.48; 236.49; 236.50; 236.51; 236.52; 236.55;

28  236.56; 237.051; 237.071; 237.091; 237.201; 237.40; and

29  316.75. With the exception of subsection (16) of s. 230.23, s.

30  230.23 shall be held in abeyance. Reference to school boards

31

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  1  in s. 230.23(16) shall mean the president of the university or

  2  the president's designee.

  3

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

  5         repeal of s. 230.232 by s. 49, ch. 94-232, Laws

  6         of Florida, and s. 234.112 by s. 69, ch.

  7         99-385, Laws of Florida.

  8

  9         Section 11.  Paragraph (b) of subsection (7) of section

10  228.0565, Florida Statutes, is amended to read:

11         228.0565  Deregulated public schools.--

12         (7)  EXEMPTION FROM STATUTES.--

13         (b)  A deregulated public school may, with appropriate

14  justification, request a waiver from the certification

15  requirements of chapter 231. Pursuant to s. 229.592(9)

16  229.592(6), the commissioner may waive requirements of chapter

17  231 that relate to teacher certification to facilitate

18  innovative practices and to allow local school selection of

19  educational methods. A deregulated public school may employ or

20  contract with skilled selected noncertified personnel to

21  provide instructional services or to assist instructional

22  staff members as education paraprofessionals in the same

23  manner as defined in chapter 231. A deregulated public school

24  may not employ an individual to provide instructional services

25  or to serve as an education paraprofessional if the

26  individual's certification or licensure as an educator is

27  suspended or revoked by this or any other state. The

28  qualifications of teachers shall be disclosed to parents.

29

30

31

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

  2         redesignation of s. 229.592(6) as s. 229.592(9)

  3         by s. 10, ch. 99-398, Laws of Florida.

  4

  5         Section 12.  Subsection (2) of section 230.03, Florida

  6  Statutes, is reenacted to read:

  7         230.03  Management, control, operation, administration,

  8  and supervision.--The district school system must be managed,

  9  controlled, operated, administered, and supervised as follows:

10         (2)  SCHOOL BOARD.--In accordance with the provisions

11  of s. 4(b) of Art. IX of the State Constitution, district

12  school boards shall operate, control, and supervise all free

13  public schools in their respective districts and may exercise

14  any power except as expressly prohibited by the State

15  Constitution or general law.

16

17         Reviser's note.--Section 1, ch. 97-190, Laws of

18         Florida, purported to amend subsection (2), but

19         did not publish the amended subsection. Absent

20         affirmative evidence of an intent to repeal it,

21         subsection (2) is reenacted to confirm that the

22         omission was not intended.

23

24         Section 13.  Paragraph (f) of subsection (3) of section

25  230.2305, Florida Statutes, is amended to read:

26         230.2305  Prekindergarten early intervention program.--

27         (3)  STANDARDS.--

28         (f)  All staff must meet the following minimum

29  requirements:

30         1.  The minimum level of training is to be the

31  completion of a 30-clock-hour training course planned jointly

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  1  by the Department of Education and the Department of Children

  2  and Family Services to include the following areas: state and

  3  local rules that govern child care, health, safety, and

  4  nutrition; identification and report of child abuse and

  5  neglect; child growth and development; use of developmentally

  6  appropriate early childhood curricula; and avoidance of

  7  income-based, race-based, and gender-based stereotyping.

  8         2.  When individual classrooms are staffed by certified

  9  teachers, those teachers must be certified for the appropriate

10  grade levels under s. 231.17 and State Board of Education

11  rules.  Teachers who are not certified for the appropriate

12  grade levels must obtain proper certification within 2 years.

13  However, the commissioner may make an exception on an

14  individual basis when the requirements are not met because of

15  serious illness, injury, or other extraordinary, extenuating

16  circumstance.

17         3.  When individual classrooms are staffed by

18  noncertified teachers, there must be a program director or

19  lead teacher who is eligible for certification or certified

20  for the appropriate grade levels pursuant to s. 231.17 and

21  State Board of Education rules in regularly scheduled direct

22  contact with each classroom. Notwithstanding s. 231.15, such

23  classrooms must be staffed by at least one person who has, at

24  a minimum, a child development associate credential (CDA) or

25  an amount of training determined by the commissioner to be

26  equivalent to or to exceed the minimum, such as an associate

27  in science degree in the area of early childhood education.

28         4.  Beginning October 1, 1994, Principals and other

29  school district administrative and supervisory personnel with

30  direct responsibility for the program must demonstrate

31  knowledge of prekindergarten education programs that increase

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  1  children's chances of achieving future educational success and

  2  becoming productive members of society in a manner established

  3  by the State Board of Education by rule.

  4         5.  All personnel who are not certified under s. 231.17

  5  must comply with screening requirements under s. ss. 231.02

  6  and 231.1713.

  7

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

  9         that has served its purpose and to conform to

10         the repeal of s. 231.1713 by s. 5, ch. 99-4,

11         Laws of Florida.

12

13         Section 14.  Subsection (1) of section 235.186, Florida

14  Statutes, is amended to read:

15         235.186  Effort index grants for school district

16  facilities.--

17         (1)  The Legislature hereby allocates for effort index

18  grants the sum of $300 million from the funds appropriated

19  from the Educational Enhancement Trust Fund by s. 46, chapter

20  97-384, Laws of Florida, contingent upon the sale of school

21  capital outlay bonds. From these funds, the Commissioner of

22  Education shall allocate to the four school districts deemed

23  eligible for an effort index grant by the SMART Schools

24  Clearinghouse the sums of $7,442,890 to the Clay County School

25  District, $62,755,920 to the Dade County School District,

26  $1,628,590 to the Hendry County School District, and $414,950

27  to the Madison County School District. The remaining funds

28  shall be allocated among the remaining district school boards

29  that qualify for an effort index grant by meeting the local

30  capital outlay effort criteria in paragraph (a) or paragraph

31  (b).

                                  16

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  1         (a)  Between July 1, 1995, and June 30, 1999, the

  2  school district received direct proceeds from the

  3  one-half-cent sales surtax for public school capital outlay

  4  authorized by s. 212.055(6) 212.055(7) or from the local

  5  government infrastructure sales surtax authorized by s.

  6  212.055(2).

  7         (b)  The school district met two of the following

  8  criteria:

  9         1.  Levied the full 2 mills of nonvoted discretionary

10  capital outlay authorized by s. 236.25(2) during 1995-1996,

11  1996-1997, 1997-1998, and 1998-1999.

12         2.  Levied a cumulative voted millage for capital

13  outlay and debt service equal to 2.5 mills for fiscal years

14  1995 through 1999.

15         3.  Received proceeds of school impact fees greater

16  than $500 per dwelling unit which were in effect on July 1,

17  1998.

18         4.  Received direct proceeds from either the

19  one-half-cent sales surtax for public school capital outlay

20  authorized by s. 212.055(6) 212.055(7) or from the local

21  government infrastructure sales surtax authorized by s.

22  212.055(2).

23

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

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

26         necessitated by the repeal of former s.

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

28

29         Section 15.  Subsection (3) of section 235.187, Florida

30  Statutes, is amended to read:

31         235.187  Classrooms First Program; uses.--

                                  17

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  1         (3)  Each district school board that pledges moneys

  2  under paragraph (2)(b) shall notify the Department of

  3  Education of its election at a time set by the department;

  4  however, the initial notification shall be by February 1,

  5  1998. The Department of Education shall review the proposal of

  6  each district school board for compliance with this section

  7  and shall forward all approved proposals to the Division of

  8  Bond Finance with a request to issue bonds on behalf of the

  9  approved school districts. The Division of Bond Finance shall

10  pool the pledges from all school districts making the election

11  in that year and shall issue the bonds on behalf of the

12  districts for a period not to exceed the distributions to be

13  received under s. 24.121(2). The bonds must be issued in

14  accordance with s. 11(d), Art. VII of the State Constitution,

15  and each project to be constructed with the proceeds of bonds

16  is hereby approved as provided in s. 11(f) 11(e), Art. VII of

17  the State Constitution. The bonds shall be issued pursuant to

18  the State Bond Act to the extent not inconsistent with this

19  section.

20

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

22         that has served its purpose and to conform to

23         the redesignation of s. 11(e), Art. VII of the

24         State Constitution, as s. 11(f) necessitated by

25         the creation of a new s. 11(e) by Revision No.

26         5 (1998).

27

28         Section 16.  Subsection (4) of section 235.2195,

29  Florida Statutes, is amended to read:

30

31

                                  18

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  1         235.2195  The 1997 School Capital Outlay Bond

  2  Program.--There is hereby established the 1997 School Capital

  3  Outlay Bond Program.

  4         (4)  The facilities to be financed with the proceeds of

  5  such bonds are designated as state fixed capital outlay

  6  projects for purposes of s. 11(d), Art. VII of the State

  7  Constitution and the specific facilities to be financed shall

  8  be determined by the Department of Education in accordance

  9  with state law and appropriations from the Educational

10  Enhancement Trust Fund. Each educational facility to be

11  financed with the proceeds of the bonds issued pursuant to

12  this section is hereby approved as required by s. 11(f) 11(e),

13  Art. VII of the State Constitution.

14

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

16         redesignation of s. 11(e), Art. VII of the

17         State Constitution, as s. 11(f) necessitated by

18         the creation of a new s. 11(e) by Revision No.

19         5 (1998).

20

21         Section 17.  Paragraph (c) of subsection (2) of section

22  235.2197, Florida Statutes, is amended to read:

23         235.2197  Florida Frugal Schools Program.--

24         (2)  The "Florida Frugal Schools Program" is created to

25  recognize publicly each district school board that agrees to

26  build frugal yet functional educational facilities and that

27  implements "best financial management practices" when

28  planning, constructing, and operating educational facilities.

29  The State Board of Education shall recognize a district school

30  board as having a Florida Frugal Schools Program if the

31

                                  19

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  1  district requests recognition and satisfies two or more of the

  2  following criteria:

  3         (c)  The district school board submits a plan to the

  4  Commissioner of Education certifying how the revenues

  5  generated by the levy of the capital outlay sales surtax

  6  authorized by s. 212.055(6) 212.055(7) will be spent. The plan

  7  must include at least the following assurances about the use

  8  of the proceeds of the surtax and any accrued interest:

  9         1.  The district school board will use the surtax and

10  accrued interest only for the fixed capital outlay purposes

11  identified by s. 212.055(6)(d) 212.055(7)(d) which will reduce

12  school overcrowding that has been validated by the Department

13  of Education, or for the repayment of bonded indebtedness

14  related to such capital outlay purposes.

15         2.  The district school board will not spend the surtax

16  or accrued interest to pay for operational expenses or for the

17  construction, renovation, or remodeling of any administrative

18  building or any other ancillary facility that is not directly

19  related to the instruction, feeding, or transportation of

20  students enrolled in the public schools.

21         3.  The district school board's use of the surtax and

22  accrued interest will be consistent with the best financial

23  management practices identified and approved under s.

24  230.23025.

25         4.  The district school board will apply the

26  educational facilities contracting and construction techniques

27  authorized by s. 235.211 or other construction management

28  techniques to reduce the cost of educational facilities.

29         5.  The district school board will discontinue the

30  surtax levy when the district has provided the

31  survey-recommended educational facilities that were determined

                                  20

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  1  to be necessary to relieve school overcrowding; when the

  2  district has satisfied any bonded indebtedness incurred for

  3  such educational facilities; or when the district's other

  4  sources of capital outlay funds are sufficient to provide such

  5  educational facilities, whichever occurs first.

  6         6.  The district school board will use any excess

  7  surtax collections or accrued interest to reduce the

  8  discretionary outlay millage levied under s. 236.25(2).

  9

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

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

12         necessitated by the repeal of former s.

13         212.055(6) by s. 4, ch. 99-4, Laws of Florida.

14

15         Section 18.  Subsection (1) of section 240.2093,

16  Florida Statutes, is amended to read:

17         240.2093  Board of Regents; issuance of bonds pursuant

18  to s. 11(f) 11(e), Art. VII, State Constitution.--

19         (1)  Pursuant to s. 11(f) 11(e), Art. VII of the State

20  Constitution, the Board of Regents of the State University

21  System, supported by the building fee, the capital improvement

22  fee, or any other revenue approved by the Legislature for

23  facilities construction, is authorized to request the issuance

24  of bonds or other forms of indebtedness pursuant to the State

25  Bond Act to finance or refinance capital projects authorized

26  by the Legislature. In order to take advantage of economic

27  conditions, the Division of Bond Finance shall process

28  requests by the Board of Regents to refinance capital projects

29  under this section on a priority basis.

30

31

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

  2         redesignation of s. 11(e), Art. VII of the

  3         State Constitution, as s. 11(f) necessitated by

  4         the creation of a new s. 11(e) by Revision No.

  5         5 (1998).

  6

  7         Section 19.  Paragraph (b) of subsection (10) of

  8  section 240.334, Florida Statutes, is amended to read:

  9         240.334  Technology transfer centers at community

10  colleges.--

11         (10)  The State Board of Community Colleges may award

12  grants to community colleges, or consortia of public and

13  private colleges and universities and other public and private

14  entities, for the purpose of supporting the objectives of this

15  section. Grants awarded pursuant to this subsection shall be

16  in accordance with rules of the State Board of Community

17  Colleges.  Such rules shall include the following provisions:

18         (b)  Grants to centers funded with state revenues

19  appropriated specifically for technology transfer activities

20  shall be reviewed and approved by the State Board of Community

21  Colleges using proposal solicitation, evaluation, and

22  selection procedures established by the board in consultation

23  with Enterprise Florida, Inc the Florida High Technology and

24  Industry Council.  Such procedures may include designation of

25  specific areas or applications of technology as priorities for

26  the receipt of funding; and

27

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

29         abolition of the Florida High Technology and

30         Industry Council and the assumption of its

31         obligations by the Department of Commerce

                                  22

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  1         according to s. 12, ch. 93-187, Laws of

  2         Florida, and the repeal of s. 20.17, creating

  3         the Department of Commerce and the

  4         reorganization of the functions formerly

  5         performed by it, by ch. 96-320, Laws of

  6         Florida.

  7

  8         Section 20.  Subsections (1) and (9) of section

  9  240.383, Florida Statutes, are amended to read:

10         240.383  State Community College System Facility

11  Enhancement Challenge Grant Program.--

12         (1)  The Legislature recognizes that the Florida State

13  Community College System does not have sufficient physical

14  facilities to meet the current demands of its instructional

15  and community programs.  It further recognizes that, to

16  strengthen and enhance the Florida Community College System,

17  it is necessary to provide facilities in addition to those

18  currently available from existing revenue sources.  It further

19  recognizes that there are sources of private support that, if

20  matched with state support, can assist in constructing much

21  needed facilities and strengthen the commitment of citizens

22  and organizations in promoting excellence throughout the state

23  community colleges.  Therefore, it is the intent of the

24  Legislature to establish a program to provide the opportunity

25  for each community college through its direct-support

26  organization to receive and match challenge grants for

27  instructional and community-related capital facilities within

28  the community college.

29         (9)  In order for a project to be eligible under this

30  program, it must be survey recommended under the provisions of

31  s. 235.15 and included in the Florida State Community College

                                  23

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  1  System 5-year capital improvement plan, and it must receive

  2  prior approval from the State Board of Community Colleges.

  3

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

  5         redesignation of the State Community College

  6         System as the Florida Community College System

  7         by s. 15, ch. 98-58, Laws of Florida.

  8

  9         Section 21.  Paragraph (b) of subsection (1) of section

10  240.421, Florida Statutes, is amended to read:

11         240.421  Florida Council of Student Financial Aid

12  Advisors.--

13         (1)  There is created the Florida Council of Student

14  Financial Aid Advisors for the purpose of advising the State

15  Board of Education, the Legislature, the Board of Regents, the

16  State Board of Community Colleges, and the Postsecondary

17  Education Planning Commission on policy matters related to

18  student financial aid.

19         (b)  The Commissioner of Education in appointing the

20  members specified in subparagraphs (a)3.-5. 3.-5. shall

21  consider any recommendations submitted by the Florida

22  Association of Student Financial Aid Administrators.

23

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

25         correct citation to the referenced material.

26

27         Section 22.  Paragraph (c) of subsection (2) of section

28  242.335, Florida Statutes, is amended to read:

29         242.335  Personnel screening; Florida School for the

30  Deaf and the Blind.--

31

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  1         (2)  As a prerequisite for initial and continuing

  2  employment at the Florida School for the Deaf and the Blind:

  3         (c)  The Florida School for the Deaf and the Blind

  4  shall review the record of the applicant or employee with

  5  respect to the crimes contained in s. 435.04 subsection (3)

  6  and shall notify the applicant or employee of its findings.

  7  When disposition information is missing on a criminal record,

  8  it shall be the responsibility of the applicant or employee,

  9  upon request of the Florida School for the Deaf and the Blind,

10  to obtain and supply within 30 days the missing disposition

11  information to the Florida School for the Deaf and the Blind.

12  Failure to supply missing information within 30 days or to

13  show reasonable efforts to obtain such information shall

14  result in automatic disqualification of an applicant and

15  automatic termination of an employee.

16

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

18         deletion of the list of crimes from subsection

19         (3) by s. 34, ch. 95-228, Laws of Florida, and

20         the enactment of s. 435.04, containing a list

21         of crimes relating to level 2 screening

22         standards, by s. 47, ch. 95-228.

23

24         Section 23.  Subsection (7) of section 252.82, Florida

25  Statutes, is amended to read:

26         252.82  Definitions.--As used in this part:

27         (7)  "Trust fund" means the Operating Trust Fund of the

28  department established in s. 290.034.

29

30

31

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

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

  3         of Florida.

  4

  5         Section 24.  Paragraph (b) of subsection (6) of section

  6  253.034, Florida Statutes, is amended to read:

  7         253.034  State-owned lands; uses.--

  8         (6)  The Board of Trustees of the Internal Improvement

  9  Trust Fund shall determine which lands, the title to which is

10  vested in the board, may be surplused. Notwithstanding s.

11  253.111, for those lands designated as acquired for

12  conservation purposes, the board shall make a determination

13  that the lands are no longer needed for conservation purposes

14  and may dispose of them by a two-thirds vote.  For all other

15  lands, the board shall make a determination that the lands are

16  no longer needed and may dispose of them by majority vote.

17         (b)  For any lands purchased by the state on or after

18  July 1, 1999, a determination shall be made by the board prior

19  to acquisition as to those parcels that shall be designated as

20  having been acquired for conservation purposes.  No lands

21  acquired for use by the Department of Corrections, the

22  Department of Management Services for use as state offices,

23  the Department of Transportation, except those specifically

24  managed for conservation or recreation purposes, or the State

25  University System or the Florida State Community College

26  System shall be designated as having been purchased for

27  conservation purposes.

28

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

30         redesignation of the State Community College

31

                                  26

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  1         System as the Florida Community College System

  2         by s. 15, ch. 98-58, Laws of Florida.

  3

  4         Section 25.  Subsection (3) of section 255.503, Florida

  5  Statutes, is amended to read:

  6         255.503  Powers of the Department of Management

  7  Services.--The Department of Management Services shall have

  8  all the authority necessary to carry out and effectuate the

  9  purposes and provisions of this act, including, but not

10  limited to, the authority to:

11         (3)  Acquire facilities pursuant to s. 11(f) 11(e),

12  Art. VII of the State Constitution and own, operate, and

13  finance such facilities in accordance with this act through

14  the issuance of obligations by the division under this act; to

15  utilize rentals or charges from such facilities, as well as

16  any appropriated state or other public funds; and to pledge

17  revenue from such facilities to finance the acquisition of

18  facilities pursuant to the provisions of this act.

19

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

21         redesignation of s. 11(e), Art. VII of the

22         State Constitution, as s. 11(f) necessitated by

23         the creation of a new s. 11(e) by Revision No.

24         5 (1998).

25

26         Section 26.  Subsection (1) of section 255.504, Florida

27  Statutes, is amended to read:

28         255.504  Use of facilities.--

29         (1)  Any facility which is acquired and approved

30  pursuant to s. 11(f) 11(e), Art. VII of the State Constitution

31  and financed under this act, and any facility in the pool

                                  27

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  1  shall be occupied to the extent that space is available, by

  2  agencies as authorized by the Department of Management

  3  Services.

  4

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

  6         redesignation of s. 11(e), Art. VII of the

  7         State Constitution, as s. 11(f) necessitated by

  8         the creation of a new s. 11(e) by Revision No.

  9         5 (1998).

10

11         Section 27.  Paragraph (a) of subsection (1) of section

12  255.518, Florida Statutes, is amended to read:

13         255.518  Obligations; purpose, terms, approval,

14  limitations.--

15         (1)(a)  The issuance of obligations shall provide

16  sufficient funds to achieve the purposes of this act; pay

17  interest on obligations except as provided in paragraph (b);

18  pay expenses incident to the issuance and sale of any

19  obligations issued pursuant to this act, including costs of

20  validating, printing, and delivering the obligations, printing

21  the official statement, publishing notices of sale of the

22  obligations, and related administrative expenses; pay building

23  acquisition and construction costs; and pay all other capital

24  expenditures of the Department of Management Services and the

25  division incident to and necessary to carry out the purposes

26  and powers granted by this act, subject to the provisions of

27  s. 11(f) 11(e), Art. VII of the State Constitution and the

28  applicable provisions of the State Bond Act. Such obligations

29  shall be payable solely from the pool pledged revenues

30  identified to such obligation. Proceeds of obligations may not

31  be used to pay building acquisition or construction costs for

                                  28

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  1  any facility until the Legislature has appropriated funds from

  2  other sources estimated to be necessary for all costs relating

  3  to the initial planning, preliminary design and programming,

  4  and land acquisition for such facility and until such

  5  planning, design, and land acquisition activities have been

  6  completed. Obligation proceeds for building construction,

  7  renovation, or acquisition shall be requested for

  8  appropriation in any fiscal year by the Department of

  9  Management Services only if the department estimates that such

10  construction, renovation, or acquisition can be initiated

11  during such fiscal year.

12

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

14         redesignation of s. 11(e), Art. VII of the

15         State Constitution, as s. 11(f) necessitated by

16         the creation of a new s. 11(e) by Revision No.

17         5 (1998).

18

19         Section 28.  Section 255.553, Florida Statutes, is

20  amended to read:

21         255.553  Survey required.--Each state agency shall

22  survey or cause to be surveyed for the presence of

23  asbestos-containing materials each public building for which

24  it is responsible. Except as provided in s. 255.554, The

25  survey shall be conducted by an asbestos consultant licensed

26  under chapter 469 and shall be conducted in accordance with

27  AHERA initial inspection procedures; Environmental Protection

28  Agency guidelines; National Emission Standards for Hazardous

29  Air Pollutants; Occupational Safety and Health Administration

30  regulations; and any subsequent recommendations made by the

31

                                  29

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  1  Asbestos Oversight Program Team established under s. 255.565.

  2  The survey shall:

  3         (1)  Determine all materials which may contain

  4  asbestos;

  5         (2)  Identify the location and quantify the types of

  6  asbestos-containing materials;

  7         (3)  Assess the hazard of the existing

  8  asbestos-containing materials as they relate to any situation

  9  where a person may come into contact with asbestos;

10         (4)  Prioritize the areas which need immediate asbestos

11  abatement action according to the hazard assessment; and

12         (5)  Estimate the cost of recommended abatement

13  alternatives.

14

15  The asbestos program administrator shall review the asbestos

16  surveys and consult with the affected agency to determine on a

17  priority basis the need for instituting abatement procedures,

18  and the asbestos program administrator shall institute

19  abatement procedures on a priority basis as directed by the

20  secretary of the Department of Labor and Employment Security.

21

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

23         repeal of s. 255.554 by s. 10, ch. 99-5, Laws

24         of Florida.

25

26         Section 29.  Subsection (1) of section 259.04, Florida

27  Statutes, is amended to read:

28         259.04  Board; powers and duties.--

29         (1)  For projects and acquisitions selected for

30  purchase pursuant to ss. 259.034, 259.035, 259.101, and

31  259.105:

                                  30

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  1         (a)  The board is given the responsibility, authority,

  2  and power to develop and execute a comprehensive, statewide

  3  5-year plan to conserve, restore, and protect environmentally

  4  endangered lands, ecosystems, lands necessary for outdoor

  5  recreational needs, and other lands as identified in ss.

  6  259.032, 259.101, and 259.105. This plan shall be kept current

  7  through continual reevaluation and revision. The advisory

  8  council or its successor shall assist the board in the

  9  development, reevaluation, and revision of the plan.

10         (b)  The board may enter into contracts with the

11  government of the United States or any agency or

12  instrumentality thereof; the state or any county,

13  municipality, district authority, or political subdivision; or

14  any private corporation, partnership, association, or person

15  providing for or relating to the conservation or protection of

16  certain lands in accomplishing the purposes of this chapter.

17         (c)  Within 45 days after the advisory council or its

18  successor submits the lists of projects to the board, the

19  board shall approve, in whole or in part, the lists of

20  projects in the order of priority in which such projects are

21  presented.  To the greatest extent practicable, projects on

22  the lists shall be acquired in their approved order of

23  priority.

24         (d)  The board is authorized to acquire, by purchase,

25  gift, or devise or otherwise, the fee title or any lesser

26  interest of lands, water areas, and related resources for

27  environmentally endangered lands.

28

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

30         interpretation; s. 259.034 does not exist.

31

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  1         Section 30.  Paragraph (b) of subsection (11) of

  2  section 259.041, Florida Statutes, is amended to read:

  3         259.041  Acquisition of state-owned lands for

  4  preservation, conservation, and recreation purposes.--

  5         (11)

  6         (b)  All project applications shall identify, within

  7  their acquisition plans, those projects which require a full

  8  fee simple interest to achieve the public policy goals,

  9  together with the reasons full title is determined to be

10  necessary. The state agencies and the water management

11  districts may use alternatives to fee simple acquisition to

12  bring the remaining projects in their acquisition plans under

13  public protection.  For the purposes of this subsection, the

14  term "alternatives to fee simple acquisition" includes, but is

15  not limited to:  purchase of development rights; obtaining

16  conservation easements; obtaining flowage easements; purchase

17  of timber rights, mineral rights, or hunting rights; purchase

18  of agricultural interests or silvicultural interests; entering

19  into land protection agreements as defined in s. 380.0677(4)

20  380.0677(5); fee simple acquisitions with reservations;

21  creating life estates; or any other acquisition technique

22  which achieves the public policy goals listed in paragraph

23  (a). It is presumed that a private landowner retains the full

24  range of uses for all the rights or interests in the

25  landowner's land which are not specifically acquired by the

26  public agency. The lands upon which hunting rights are

27  specifically acquired pursuant to this paragraph shall be

28  available for hunting in accordance with the management plan

29  or hunting regulations adopted by the Florida Fish and

30  Wildlife Conservation Commission, unless the hunting rights

31

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  1  are purchased specifically to protect activities on adjacent

  2  lands.

  3

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

  5         redesignation of s. 380.0677(5) as s.

  6         380.0677(4) necessitated by the repeal of

  7         former s. 380.0677(2) by s. 51, ch. 99-247,

  8         Laws of Florida.

  9

10         Section 31.  Subsection (3) and paragraph (c) of

11  subsection (9) of section 259.101, Florida Statutes, are

12  amended to read:

13         259.101  Florida Preservation 2000 Act.--

14         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

15  costs of issuance, the costs of funding reserve accounts, and

16  other costs with respect to the bonds, the proceeds of bonds

17  issued pursuant to this act shall be deposited into the

18  Florida Preservation 2000 Trust Fund created by s. 375.045.

19  Ten percent of the proceeds of any bonds deposited into the

20  Preservation 2000 Trust Fund shall be distributed by the

21  Department of Environmental Protection to the Department of

22  Environmental Protection for the purchase by the South Florida

23  Water Management District of lands in Dade, Broward, and Palm

24  Beach Counties identified in s. 7, chapter 95-349, Laws of

25  Florida. This distribution shall apply for any bond issue for

26  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,

27  $20 million per year from the proceeds of any bonds deposited

28  into the Florida Preservation 2000 Trust Fund shall be

29  distributed by the Department of Environmental Protection to

30  the St. Johns Water Management District for the purchase of

31  lands necessary to restore Lake Apopka. The remaining proceeds

                                  33

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  1  shall be distributed by the Department of Environmental

  2  Protection in the following manner:

  3         (a)  Fifty percent to the Department of Environmental

  4  Protection for the purchase of public lands as described in s.

  5  259.032.  Of this 50 percent, at least one-fifth shall be used

  6  for the acquisition of coastal lands.

  7         (b)  Thirty percent to the Department of Environmental

  8  Protection for the purchase of water management lands pursuant

  9  to s. 373.59, to be distributed among the water management

10  districts as provided in that section. Funds received by each

11  district may also be used for acquisition of lands necessary

12  to implement surface water improvement and management plans

13  approved in accordance with s. 373.456 or for acquisition of

14  lands necessary to implement the Everglades Construction

15  Project authorized by s. 373.4592.

16         (c)  Ten percent to the Department of Community Affairs

17  to provide land acquisition grants and loans to local

18  governments through the Florida Communities Trust pursuant to

19  part III of chapter 380.  From funds allocated to the trust,

20  $3 million annually shall be used by the Green Swamp Land

21  Authority specifically for the purchase through land

22  protection agreements, as defined in s. 380.0677(4)

23  380.0677(5), of lands, or severable interests or rights in

24  lands, in the Green Swamp Area of Critical State Concern.

25  From funds allocated to the trust, $3 million annually shall

26  be used by the Monroe County Comprehensive Plan Land Authority

27  specifically for the purchase of any real property interest in

28  either those lands subject to the Rate of Growth Ordinances

29  adopted by local governments in Monroe County or those lands

30  within the boundary of an approved Conservation and Recreation

31  Lands project located within the Florida Keys or Key West

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  1  Areas of Critical State Concern; however, title to lands

  2  acquired within the boundary of an approved Conservation and

  3  Recreation Lands project may, in accordance with an approved

  4  joint acquisition agreement, vest in the Board of Trustees of

  5  the Internal Improvement Trust Fund.  Of the remaining funds

  6  allocated to the trust after the above transfers occur,

  7  one-half shall be matched by local governments on a

  8  dollar-for-dollar basis.  To the extent allowed by federal

  9  requirements for the use of bond proceeds, the trust shall

10  expend Preservation 2000 funds to carry out the purposes of

11  part III of chapter 380.

12         (d)  Two and nine-tenths percent to the Department of

13  Environmental Protection for the purchase of inholdings and

14  additions to state parks. For the purposes of this paragraph,

15  "state park" means all real property in the state under the

16  jurisdiction of the Division of Recreation and Parks of the

17  department, or which may come under its jurisdiction.

18         (e)  Two and nine-tenths percent to the Division of

19  Forestry of the Department of Agriculture and Consumer

20  Services to fund the acquisition of state forest inholdings

21  and additions pursuant to s. 589.07.

22         (f)  Two and nine-tenths percent to the Game and Fresh

23  Water Fish and Wildlife Conservation Commission to fund the

24  acquisition of inholdings and additions to lands managed by

25  the commission which are important to the conservation of fish

26  and wildlife.

27         (g)  One and three-tenths percent to the Department of

28  Environmental Protection for the Florida Greenways and Trails

29  Program, to acquire greenways and trails or greenways and

30  trails systems pursuant to chapter 260, including, but not

31

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  1  limited to, abandoned railroad rights-of-way and the Florida

  2  National Scenic Trail.

  3

  4  Local governments may use federal grants or loans, private

  5  donations, or environmental mitigation funds, including

  6  environmental mitigation funds required pursuant to s.

  7  338.250, for any part or all of any local match required for

  8  the purposes described in this subsection.  Bond proceeds

  9  allocated pursuant to paragraph (c) may be used to purchase

10  lands on the priority lists developed pursuant to s. 259.035.

11  Title to lands purchased pursuant to paragraphs (a), (d), (e),

12  (f), and (g) shall be vested in the Board of Trustees of the

13  Internal Improvement Trust Fund, except that title to lands,

14  or rights or interests therein, acquired by either the

15  Southwest Florida Water Management District or the St. Johns

16  River Water Management District in furtherance of the Green

17  Swamp Land Authority's mission pursuant to s. 380.0677(2)

18  380.0677(3), shall be vested in the district where the

19  acquisition project is located.  Title to lands purchased

20  pursuant to paragraph (c) may be vested in the Board of

21  Trustees of the Internal Improvement Trust Fund, except that

22  title to lands, or rights or interests therein, acquired by

23  either the Southwest Florida Water Management District or the

24  St. Johns River Water Management District in furtherance of

25  the Green Swamp Land Authority's mission pursuant to s.

26  380.0677(2) 380.0677(3), shall be vested in the district where

27  the acquisition project is located.  This subsection is

28  repealed effective October 1, 2000. Prior to repeal, the

29  Legislature shall review the provisions scheduled for repeal

30  and shall determine whether to reenact or modify the

31  provisions or to take no action.

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  1         (9)

  2         (c)  Beginning in fiscal year 1996-1997, The department

  3  and each water management district shall implement initiatives

  4  to use alternatives to fee simple acquisition and to educate

  5  private landowners about such alternatives. These initiatives

  6  shall include at least two acquisitions a year by the

  7  department and each water management district utilizing

  8  alternatives to fee simple.

  9

10         Reviser's note.--The introductory paragraph of

11         subsection (3) is amended to delete provisions

12         that have served their purpose. Paragraph

13         (3)(c) and the flush left paragraph at the end

14         of the subsection are amended to conform to the

15         redesignation of subunits of s. 380.0677

16         necessitated by the repeal of former s.

17         380.0677(2) by s. 51, ch. 99-247, Laws of

18         Florida. Paragraph (3)(f) is amended to conform

19         to the transfer of the Game and Fresh Water

20         Fish Commission to the Fish and Wildlife

21         Conservation Commission by s. 2, ch. 99-245,

22         Laws of Florida. Paragraph (9)(c) is amended to

23         delete language that has served its purpose.

24

25         Section 32.  Paragraph (k) of subsection (9) of section

26  259.105, Florida Statutes, is amended to read:

27         259.105  The Florida Forever Act.--

28         (9)  The Acquisition and Restoration Council shall

29  develop a rule to competitively evaluate, select, and rank

30  projects eligible for Florida Forever funds pursuant to

31  paragraph (3)(b).  In developing this rule the Acquisition and

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  1  Restoration Council shall give weight to the following

  2  criteria:

  3         (k)  The project may be acquired, in whole or in part,

  4  using alternatives to fee simple, including but not limited

  5  to, purchase of development rights, hunting rights,

  6  agricultural or silvicultural rights, or mineral rights;

  7  obtaining conservation easements or flowage easements; or use

  8  of land protection agreements as defined in s. 380.0677(4)

  9  380.0677(5).

10

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

12         redesignation of s. 380.0677(5) as s.

13         380.0677(4) necessitated by the repeal of

14         former s. 380.0677(2) by s. 51, ch. 99-247,

15         Laws of Florida.

16

17         Section 33.  Subsections (1) and (2) of section

18  282.107, Florida Statutes, are amended to read:

19         282.107  SUNCOM Network; criteria for usage.--

20         (1)  The Department of Management Services division

21  shall periodically review the qualifications of subscribers

22  using the state SUNCOM Network and shall terminate services

23  provided to any facility not qualified pursuant to ss.

24  282.101-282.111 or rules adopted hereunder.  In the event of

25  nonpayment of invoices by subscribers whose SUNCOM Network

26  invoices are paid from sources other than legislative

27  appropriations, such nonpayment represents good and sufficient

28  reason to terminate service.

29         (2)  The Department of Management Services division

30  shall adopt rules setting forth its procedures for withdrawing

31  and restoring authorization to use the state SUNCOM Network.

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  1  Such rules shall provide a minimum of 30 days' notice to

  2  affected parties prior to termination of voice communications

  3  service.

  4

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

  6         deletion of the Division of Communications of

  7         the Department of Management Services by s. 3,

  8         ch. 97-296, Laws of Florida.

  9

10         Section 34.  Paragraph (d) of subsection (3) and

11  subsection (4) of section 282.3091, Florida Statutes, are

12  amended to read:

13         282.3091  State Technology Council; creation.--

14         (3)  The council shall be composed of nine members as

15  follows:

16         (d)  The secretary of the Department of Management

17  Services, who shall serve service as chair of the council.

18

19  Members may appoint designees to serve on their behalf;

20  however, such designees must be in a position that reports

21  directly to the member.

22         (4)  Members of the council who are appointed shall

23  serve 2-year terms beginning January 1 through December 31,

24  except that their initial term shall be July 1, 1997, through

25  December 31, 1998.  A member may be removed by the appointing

26  officer for cause or if such member is absent from three

27  consecutive meetings.  Any member appointed to fill a vacancy

28  shall serve for the unexpired term of his or her predecessor.

29

30         Reviser's note.--Paragraph (3)(d) is amended to

31         improve clarity and facilitate correct

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  1         interpretation. Subsection (4) is amended to

  2         delete a provision that has served its purpose.

  3

  4         Section 35.  Paragraph (b) of subsection (2) of section

  5  282.5007, Florida Statutes, is amended to read:

  6         282.5007  Alternative dispute resolution procedures.--

  7         (2)  MEDIATION.--

  8         (b)  A party may serve its last best offer made in

  9  mediation upon another party as an offer of judgment under s.

10  768.79 678.79, and may make use of all the rights and remedies

11  provided by this section.

12

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

14         interpretation. Section 678.79 does not exist;

15         s. 768.79 relates to offers of judgment.

16

17         Section 36.  Subsection (4) of section 288.063, Florida

18  Statutes, is amended to read:

19         288.063  Contracts for transportation projects.--

20         (4)  The Office of Tourism, Trade, and Economic

21  Development may adopt criteria by which transportation

22  projects are to be specified and identified. In approving

23  transportation projects for funding, the Office of Tourism,

24  Trade, and Economic Development shall consider factors

25  including, but not limited to, the cost per job created or

26  retained considering the amount of transportation funds

27  requested; the average hourly rate of wages for jobs created;

28  the reliance on the program as an inducement for the project's

29  location decision; the amount of capital investment to be made

30  by the business; the demonstrated local commitment; the

31  location of the project in an enterprise zone designated

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  1  pursuant to s. 290.0055; the location of the project in a

  2  community development corporation service area as defined in

  3  s. 290.035(2); the location of the project in a spaceport

  4  territory as defined in s. 331.304; the unemployment rate of

  5  the surrounding area; the poverty rate of the community; and

  6  the adoption of an economic element as part of its local

  7  comprehensive plan in accordance with s. 163.3177(7)(j). The

  8  Office of Tourism, Trade, and Economic Development may contact

  9  any agency it deems appropriate for additional input regarding

10  the approval of projects.

11

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

13         repeal of s. 290.035 by s. 14, ch. 99-4, Laws

14         of Florida.

15

16         Section 37.  Paragraph (e) of subsection (2) and

17  subsection (4) of section 288.0655, Florida Statutes, are

18  amended to read:

19         288.0655  Rural Infrastructure Fund.--

20         (2)

21         (e)  To enable local governments to access the

22  resources available pursuant to s. 403.973(18) 403.973(16),

23  the office may award grants for surveys, feasibility studies,

24  and other activities related to the identification and

25  preclearance review of land which is suitable for preclearance

26  review. Authorized grants under this paragraph shall not

27  exceed $75,000 each, except in the case of a project in a

28  rural area of critical economic concern, in which case the

29  grant shall not exceed $300,000. Any funds awarded under this

30  paragraph must be matched at a level of 50 percent with local

31  funds, except that any funds awarded for a project in a rural

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  1  area of critical economic concern must be matched at a level

  2  of 33 percent with local funds. In evaluating applications

  3  under this paragraph, the office shall consider the extent to

  4  which the application seeks to minimize administrative and

  5  consultant expenses.

  6         (4)  By September 1, 1999, the office shall, in

  7  consultation with the organizations listed in subsection (3),

  8  and other organizations, develop guidelines and criteria

  9  governing submission of applications for funding, review and

10  evaluation of such applications, and approval of funding under

11  this section. The office shall consider factors including, but

12  not limited to, the project's potential for enhanced job

13  creation or increased capital investment, the demonstration of

14  local public and private commitment, the location of the

15  project in an enterprise zone, the location of the project in

16  a community development corporation service area as defined in

17  s. 290.035(2), the location of the project in a county

18  designated under s. 212.097, the unemployment rate of the

19  surrounding area, and the poverty rate of the community.

20

21         Reviser's note.--Paragraph (2)(e) is amended to

22         conform to the redesignation of s. 403.973(16)

23         as s. 403.973(18) by s. 9, ch. 99-244, Laws of

24         Florida. Subsection (4) is amended to conform

25         to the repeal of s. 290.035 by s. 14, ch. 99-4,

26         Laws of Florida.

27

28         Section 38.  Section 288.125, Florida Statutes, is

29  amended to read:

30         288.125  Definitions.--For the purposes of ss.

31  288.1251-288.1253 288.1251 through 288.1258, the term

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  1  "entertainment industry" means those persons or entities

  2  engaged in the operation of motion picture or television

  3  studios or recording studios; those persons or entities

  4  engaged in the preproduction, production, or postproduction of

  5  motion pictures, made-for-TV motion pictures, television

  6  series, commercial advertising, music videos, or sound

  7  recordings; and those persons or entities providing products

  8  or services directly related to the preproduction, production,

  9  or postproduction of motion pictures, made-for-TV motion

10  pictures, television series, commercial advertising, music

11  videos, or sound recordings, including, but not limited to,

12  the broadcast industry.

13

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

15         interpretation; s. 288.1258 does not exist.

16

17         Section 39.  Section 295.18, Florida Statutes, is

18  amended to read:

19         295.18  Florida World War II Veterans Memorial Matching

20  Trust Fund; creation.--The Florida World War II Veterans

21  Memorial Matching Trust Fund is hereby created, to be

22  administered by the Department of Veterans' Affairs. Funds

23  shall be credited to the trust fund as provided in chapter

24  99-160, Laws of Florida SB 714 or similar legislation, to be

25  used for the purposes set forth therein.

26

27         Reviser's note.--Amended to substitute a

28         reference to ch. 99-160, Laws of Florida, for a

29         reference to 1999 Senate Bill 714, which became

30         ch. 99-160.

31

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  1         Section 40.  Paragraph (a) of subsection (3) of section

  2  311.07, Florida Statutes, is amended to read:

  3         311.07  Florida seaport transportation and economic

  4  development funding.--

  5         (3)(a)  Program funds shall be used to fund approved

  6  projects on a 50-50 matching basis with any of the deepwater

  7  ports, as listed in s. 403.021(9)(b), which is governed by a

  8  public body or any other deepwater port which is governed by a

  9  public body and which complies with the water quality

10  provisions of s. 403.061, the comprehensive master plan

11  requirements of s. 163.3178(2)(k), the local financial

12  management and reporting provisions of part III of chapter

13  218, and the auditing provisions of s. 11.45(3)(a)5.

14  11.45(3)(a)4. Program funds also may be used by the Seaport

15  Transportation and Economic Development Council to develop

16  with the Florida Trade Data Center such trade data information

17  products which will assist Florida's seaports and

18  international trade.

19

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

21         redesignation of s. 11.45(3)(a)4. as s.

22         11.45(3)(a)5. by s. 3, ch. 99-333, Laws of

23         Florida.

24

25         Section 41.  Subsection (2) of section 316.003, Florida

26  Statutes, is amended to read:

27         316.003  Definitions.--The following words and phrases,

28  when used in this chapter, shall have the meanings

29  respectively ascribed to them in this section, except where

30  the context otherwise requires:

31

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  1         (2)  BICYCLE.--Every vehicle propelled solely by human

  2  power, and every motorized bicycle propelled by a combination

  3  of human power and an electric helper motor not capable of

  4  propelling the vehicle at a speed of not more than 20 miles

  5  per hour on level ground upon which any person may ride,

  6  having two tandem wheels, and including any device generally

  7  recognized as a bicycle though equipped with two front or two

  8  rear wheels. The term does not include such a vehicle with a

  9  seat height of no more than 25 inches from the ground when the

10  seat is adjusted to its highest position or a scooter or

11  similar device. No person under the age of 16 may operate or

12  ride upon a motorized bicycle.

13

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

15         facilitate correct interpretation.

16

17         Section 42.  Paragraph (b) of subsection (2) of section

18  318.18, Florida Statutes, is amended to read:

19         318.18  Amount of civil penalties.--The penalties

20  required for a noncriminal disposition pursuant to s. 318.14

21  are as follows:

22         (2)  Thirty dollars for all nonmoving traffic

23  violations and:

24         (b)  For all violations of ss. 320.0605 320.0605(1),

25  320.07(1), 322.065, and 322.15(1).  Any person who is cited

26  for a violation of s. 320.07(1) shall be charged a delinquent

27  fee pursuant to s. 320.07(4).

28         1.  If a person who is cited for a violation of s.

29  320.0605 or s. 320.07 can show proof of having a valid

30  registration at the time of arrest, the clerk of the court may

31  dismiss the case and may assess a $5 dismissal fee. A person

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  1  who finds it impossible or impractical to obtain a valid

  2  registration certificate must submit an affidavit detailing

  3  the reasons for the impossibility or impracticality. The

  4  reasons may include, but are not limited to, the fact that the

  5  vehicle was sold, stolen, or destroyed; that the state in

  6  which the vehicle is registered does not issue a certificate

  7  of registration; or that the vehicle is owned by another

  8  person.

  9         2.  If a person who is cited for a violation of s.

10  322.03, s. 322.065, or s. 322.15 can show a driver's license

11  issued to him or her and valid at the time of arrest, the

12  clerk of the court may dismiss the case and may assess a $5

13  dismissal fee.

14         3.  If a person who is cited for a violation of s.

15  316.646 can show proof of security as required by s. 627.733,

16  issued to the person and valid at the time of arrest, the

17  clerk of the court may dismiss the case and may assess a $5

18  dismissal fee. A person who finds it impossible or impractical

19  to obtain proof of security must submit an affidavit detailing

20  the reasons for the impracticality. The reasons may include,

21  but are not limited to, the fact that the vehicle has since

22  been sold, stolen, or destroyed; that the owner or registrant

23  of the vehicle is not required by s. 627.733 to maintain

24  personal injury protection insurance; or that the vehicle is

25  owned by another person.

26

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

28         deletion of subunits from s. 320.0605 by s. 50,

29         ch. 96-350, Laws of Florida.

30

31

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  1         Section 43.  Paragraph (d) of subsection (2) of section

  2  318.21, Florida Statutes, is amended to read:

  3         318.21  Disposition of civil penalties by county

  4  courts.--All civil penalties received by a county court

  5  pursuant to the provisions of this chapter shall be

  6  distributed and paid monthly as follows:

  7         (2)  Of the remainder:

  8         (d)  Eight and two-tenths percent shall be deposited in

  9  the Brain and Spinal Cord Injury Rehabilitation Trust Fund for

10  the purposes set forth in s. 381.79 413.613.

11

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

13         transfer of s. 413.613 to s. 381.79 by s. 23,

14         ch. 99-240, Laws of Florida.

15

16         Section 44.  Paragraph (b) of subsection (1) of section

17  320.04, Florida Statutes, is amended to read:

18         320.04  Registration service charge.--

19         (1)

20         (b)  In addition to the fees provided in paragraph (a),

21  any tax collector may impose an additional service charge of

22  not more than 50 cents on any transaction specified in

23  paragraph (a) or on any transaction specified in s.

24  319.32(2)(a) or s. 328.48 (1982 Supplement to the Florida

25  Statutes 1981) when such transaction occurs at any tax

26  collector's branch office.

27

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

29         facilitate correct interpretation; the

30         referenced section was created in 1999.

31

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  1         Section 45.  Subsection (1) and paragraph (a) of

  2  subsection (2) of section 320.086, Florida Statutes, are

  3  amended to read:

  4         320.086  Ancient or antique motor vehicles; "horseless

  5  carriage," antique, or historical license plates.--

  6         (1)  The owner of a motor vehicle for private use

  7  manufactured in 1945 or earlier, equipped with an engine

  8  manufactured in 1945 or earlier or manufactured to the

  9  specifications of the original engine, and operated on the

10  streets and highways of this state shall, upon application in

11  the manner and at the time prescribed by the department and

12  upon payment of the license tax for an ancient motor vehicle

13  prescribed by s. 320.08(1)(d), (2)(a), or (3)(e) 320.08(1)(e),

14  (2)(a), or (3)(e), be issued a special license plate for such

15  motor vehicle.  The license plate shall be permanent and valid

16  for use without renewal so long as the vehicle is in

17  existence.  In addition to the payment of all other fees

18  required by law, the applicant shall pay such fee for the

19  issuance of the special license plate as may be prescribed by

20  the department commensurate with the cost of its manufacture.

21  The registration numbers and special license plates assigned

22  to such motor vehicles shall run in a separate numerical

23  series, commencing with "Horseless Carriage No. 1," and the

24  plates shall be of a distinguishing color.

25         (2)(a)  The owner of a motor vehicle for private use

26  manufactured after 1945 and of the age of 30 years or more

27  after the date of manufacture, equipped with an engine of the

28  age of 30 years or more after the date of manufacture, and

29  operated on the streets and highways of this state may, upon

30  application in the manner and at the time prescribed by the

31  department and upon payment of the license tax prescribed by

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  1  s. 320.08(1)(d), (2)(a), or (3)(e) 320.08(1)(e), (2)(a), or

  2  (3)(e), be issued a special license plate for such motor

  3  vehicle.  In addition to the payment of all other fees

  4  required by law, the applicant shall pay the fee for the

  5  issuance of the special license plate prescribed by the

  6  department, commensurate with the cost of its manufacture.

  7  The registration numbers and special license plates assigned

  8  to such motor vehicles shall run in a separate numerical

  9  series, commencing with "Antique No. 1," and the plates shall

10  be of a distinguishing color. The owner of the motor vehicle

11  may, upon application and payment of the license tax

12  prescribed by s. 320.08, be issued a regular Florida license

13  plate or specialty license plate in lieu of the special

14  "Antique" license plate.

15

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

17         redesignation of s. 320.08(1)(e) as s.

18         320.08(1)(d) by s. 6, ch. 99-385, Laws of

19         Florida.

20

21         Section 46.  Section 322.025, Florida Statutes, is

22  amended to read:

23         322.025  Driver improvement.--The department may

24  implement programs to improve the driving ability of the

25  drivers of this state.  Such programs may include, but shall

26  not be limited to, safety awareness campaigns, driver

27  training, and licensing improvement.  Motorcycle driver

28  improvement programs implemented pursuant to this section or

29  s. 322.0255 shall be funded by the motorcycle safety education

30  fee collected pursuant to s. 320.08(1)(c) 320.08(1)(d), which

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  1  shall be deposited in the Highway Safety Operating Trust Fund

  2  of the department and appropriated for that purpose.

  3

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

  5         redesignation of s. 320.08(1)(d) as s.

  6         320.08(1)(c) by s. 6, ch. 99-385, Laws of

  7         Florida.

  8

  9         Section 47.  Subsection (9) of section 327.35, Florida

10  Statutes, is amended to read:

11         327.35  Boating under the influence; penalties;

12  "designated drivers".--

13         (9)  Notwithstanding any other provision of this

14  section, for any person convicted of a violation of subsection

15  (1), in addition to the fines set forth in subsections (2) and

16  (4), an additional fine of $60 shall be assessed and collected

17  in the same manner as the fines set forth in subsections (2)

18  and (4). All fines collected under this subsection shall be

19  paid monthly into the Brain and Spinal Cord Injury

20  Rehabilitation Trust Fund and used for the purposes set forth

21  in s. 381.79 413.613, after 5 percent is deducted therefrom by

22  the clerk of the court for administrative costs.

23

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

25         transfer of s. 413.613 to s. 381.79 by s. 23,

26         ch. 99-240, Laws of Florida.

27

28         Section 48.  Paragraph (k) of subsection (1) of section

29  327.73, Florida Statutes, is amended to read:

30         327.73  Noncriminal infractions.--

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  1         (1)  Violations of the following provisions of the

  2  vessel laws of this state are noncriminal infractions:

  3         (k)  Violations relating to restricted areas and speed

  4  limits:

  5         1.  Established by the commission department pursuant

  6  to s. 327.46.

  7         2.  Established by local governmental authorities

  8  pursuant to s. 327.22 or s. 327.60.

  9         3.  Speed limits established pursuant to s. 370.12(2).

10

11  Any person cited for a violation of any such provision shall

12  be deemed to be charged with a noncriminal infraction, shall

13  be cited for such an infraction, and shall be cited to appear

14  before the county court. The civil penalty for any such

15  infraction is $50, except as otherwise provided in this

16  section. Any person who fails to appear or otherwise properly

17  respond to a uniform boating citation shall, in addition to

18  the charge relating to the violation of the boating laws of

19  this state, be charged with the offense of failing to respond

20  to such citation and, upon conviction, be guilty of a

21  misdemeanor of the second degree, punishable as provided in s.

22  775.082 or s. 775.083. A written warning to this effect shall

23  be provided at the time such uniform boating citation is

24  issued.

25

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

27         change in s. 327.46 of references to the

28         Department of Environmental Protection to the

29         Fish and Wildlife Conservation Commission by s.

30         27, ch. 99-245, Laws of Florida.

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  1         Section 49.  Subsection (3) of section 328.48, Florida

  2  Statutes, is amended to read:

  3         328.48  Vessel registration, application, certificate,

  4  number, decal, duplicate certificate.--

  5         (3)  The Department of Highway Safety and Motor

  6  Vehicles shall issue certificates of registration and numbers

  7  for city, county, and state-owned vessels, charging only the

  8  service fees required in s. 328.72(7) and (8) 327.25(7) and

  9  (8), provided the vessels are used for purposes other than

10  recreation.

11

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

13         transfer of s. 327.25(7) and (8) to s.

14         328.72(7) and (8) by s. 25, ch. 99-289, Laws of

15         Florida.

16

17         Section 50.  Paragraph (c) of subsection (2) of section

18  328.72, Florida Statutes, is amended to read:

19         328.72  Classification; registration; fees and charges;

20  surcharge; disposition of fees; fines; marine turtle

21  stickers.--

22         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

23         (c)  The Department of Highway Safety and Motor

24  Vehicles may issue a decal identifying the vessel as an

25  antique vessel. The decal shall be displayed as provided in

26  ss. 328.48 327.11 and 328.54 327.14.

27

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

29         transfers of s. 327.11 to s. 328.48 by s. 11,

30         ch. 99-289, Laws of Florida, and s. 327.14 to

31         s. 328.54 by s. 14, ch. 99-289.

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  1         Section 51.  Subsection (3) of section 328.73, Florida

  2  Statutes, is amended to read:

  3         328.73  Registration; duties of tax collectors.--

  4         (3)  A fee of 50 cents shall be charged in addition to

  5  the fees required under s. 328.72 327.25 on every vessel decal

  6  registration sold to cover the cost of the Florida Real Time

  7  Vehicle Information System. The fees collected under this

  8  section shall be deposited into the Highway Safety Operating

  9  Trust Fund and shall be used to fund that system and may be

10  used to fund the general operations of the department.

11

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

13         redesignation of s. 327.25 as s. 328.72 by s.

14         25, ch. 99-289, Laws of Florida.

15

16         Section 52.  Subsection (2) of section 328.735, Florida

17  Statutes, is amended to read:

18         328.735  Advanced registration renewal; procedures.--

19         (2)  Upon the filing of the application and payment of

20  the appropriate vessel registration fee and service charges

21  required by s. 328.72 327.25 and any additional fees required

22  by law, the department or its agents shall issue to the owner

23  of the vessel a decal and registration. When the decal is

24  affixed to the vessel, the registration is renewed for the

25  appropriate registration period.

26

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

28         redesignation of s. 327.25 as s. 328.72 by s.

29         25, ch. 99-289, Laws of Florida.

30

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  1         Section 53.  Section 331.401, Florida Statutes, is

  2  amended to read:

  3         331.401  Short title.--Sections 331.401-331.419

  4  331.401-331.421 may be cited as the "Florida Commercial Space

  5  Financing Corporation Act."

  6

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

  8         interpretation; s. 331.421 does not exist, and

  9         the last section in the act is s. 331.419.

10

11         Section 54.  Paragraph (g) of subsection (5) of section

12  337.25, Florida Statutes, is amended to read:

13         337.25  Acquisition, lease, and disposal of real and

14  personal property.--

15         (5)  The department may convey a leasehold interest for

16  commercial or other purposes, in the name of the state, to any

17  land, building, or other property, real or personal, which was

18  acquired under the provisions of subsection (1).

19         (g)  No lease executed under this subsection may be

20  utilized by the lessee to establish the 4 5 years' standing

21  required by s. 73.071(3)(b) if the business had not been

22  established for 4 5 years on the date title passed to the

23  department.

24

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

26         amendment to s. 73.071(3)(b) by s. 58, ch.

27         99-385, Laws of Florida, which changed the

28         period of time a business would need to be in

29         operation for certain purposes from 5 years to

30         4 years.

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  1         Section 55.  Subsection (3) of section 338.227, Florida

  2  Statutes, is amended to read:

  3         338.227  Turnpike revenue bonds.--

  4         (3)  The Division of Bond Finance is authorized to

  5  issue revenue bonds on behalf of the department to finance or

  6  refinance the cost of turnpike projects approved in s.

  7  338.2275, by the Legislature in accordance with s. 11(f)

  8  11(e), Art. VII of the State Constitution.

  9

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

11         redesignation of s. 11(e), Art. VII of the

12         State Constitution, as s. 11(f) necessitated by

13         the creation of a new s. 11(e) by Revision No.

14         5 (1998).

15

16         Section 56.  Subsection (1) of section 338.2275,

17  Florida Statutes, is amended to read:

18         338.2275  Approved turnpike projects.--

19         (1)  Legislative approval of the department's tentative

20  work program that contains the turnpike project constitutes

21  approval to issue bonds as required by s. 11(f) 11(e), Art.

22  VII of the State Constitution. Turnpike projects approved to

23  be included in future tentative work programs include, but are

24  not limited to, projects contained in the 1997-1998 tentative

25  work program and potential expansion projects listed in the

26  January 25, 1997, report submitted to the Florida

27  Transportation Commission titled "Florida's Turnpike Building

28  on the Past - Preparing for the Future." A maximum of $3

29  billion of bonds may be issued to fund approved turnpike

30  projects.

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

  2         redesignation of s. 11(e), Art. VII of the

  3         State Constitution, as s. 11(f) necessitated by

  4         the creation of a new s. 11(e) by Revision No.

  5         5 (1998).

  6

  7         Section 57.  Paragraph (f) of subsection (2) of section

  8  348.0005, Florida Statutes, is amended to read:

  9         348.0005  Bonds.--

10         (2)

11         (f)  Notwithstanding any of the provisions of this

12  part, in any county as defined in s. 125.011(1), each project,

13  building, or facility which has been or will be financed by

14  the issuance of bonds or other evidence of indebtedness and

15  that does not pledge the full faith and credit of the state

16  under this part and any refinancing thereof is approved for

17  purposes of s. 11(f) 11(e), Art. VII of the State

18  Constitution.

19

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

21         redesignation of s. 11(e), Art. VII of the

22         State Constitution, as s. 11(f) necessitated by

23         the creation of a new s. 11(e) by Revision No.

24         5 (1998).

25

26         Section 58.  Section 348.565, Florida Statutes, is

27  amended to read:

28         348.565  Revenue bonds for specified projects.--The

29  existing facilities that constitute the Tampa-Hillsborough

30  County Expressway System are hereby approved to be refinanced

31  by the issuance of revenue bonds by the Division of Bond

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  1  Finance of the State Board of Administration pursuant to s.

  2  11(f) 11(e), Art. VII of the State Constitution. In addition,

  3  the following projects of the Tampa-Hillsborough County

  4  Expressway Authority are approved to be financed or refinanced

  5  by the issuance of revenue bonds pursuant to s. 11(f) 11(e),

  6  Art. VII of the State Constitution:

  7         (1)  Brandon area feeder roads;

  8         (2)  Capital improvements to the expressway system,

  9  including safety and operational improvements and toll

10  collection equipment; and

11         (3)  Lee Roy Selmon Crosstown Expressway System

12  widening.

13

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

15         redesignation of s. 11(e), Art. VII of the

16         State Constitution, as s. 11(f) necessitated by

17         the creation of a new s. 11(e) by Revision No.

18         5 (1998).

19

20         Section 59.  Subsection (5) of section 348.755, Florida

21  Statutes, is amended to read:

22         348.755  Bonds of the authority.--

23         (5)  Notwithstanding any of the provisions of this

24  part, each project, building, or facility which has been

25  financed by the issuance of bonds or other evidence of

26  indebtedness under this part and any refinancing thereof is

27  hereby approved as provided for in s. 11(f) 11(e), Art. VII of

28  the State Constitution.

29

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

31         redesignation of s. 11(e), Art. VII of the

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  1         State Constitution, as s. 11(f) necessitated by

  2         the creation of a new s. 11(e) by Revision No.

  3         5 (1998).

  4

  5         Section 60.  Subsection (5) of section 349.05, Florida

  6  Statutes, is amended to read:

  7         349.05  Bonds of the authority.--

  8         (5)  Notwithstanding any of the provisions of this

  9  chapter, each project, building, or facility which has been

10  financed by the issuance of bonds or other evidences of

11  indebtedness under this chapter and any refinancing thereof is

12  hereby approved as provided for in s. 11(f) 11(e), Art. VII of

13  the State Constitution.

14

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

16         redesignation of s. 11(e), Art. VII of the

17         State Constitution, as s. 11(f) necessitated by

18         the creation of a new s. 11(e) by Revision No.

19         5 (1998).

20

21         Section 61.  Subsection (1) of section 364.515, Florida

22  Statutes, is amended to read:

23         364.515  Infrastructure investment.--

24         (1)  Notwithstanding ss. 364.509-364.514, Advanced

25  telecommunications services shall be provided to eligible

26  facilities in accordance with the provisions of this section.

27

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

29         repeal of ss. 364.509-364.514 by s. 10, ch.

30         99-354, Laws of Florida.

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  1         Section 62.  Effective July 1, 2001, subsection (4) of

  2  section 369.252, Florida Statutes, as amended by section 30 of

  3  chapter 99-247, Laws of Florida, is amended to read:

  4         369.252  Invasive exotic plant control on public

  5  lands.--The department shall establish a program to:

  6         (4)  Use funds in the Invasive Plant Control Trust Fund

  7  as authorized by the Legislature for carrying out activities

  8  under this section on public lands. Twenty percent of the

  9  amount credited to the Invasive Aquatic Plant Control Trust

10  Fund pursuant to s. 201.15(6) shall be used for the purpose of

11  controlling nonnative, upland, invasive plant species on

12  public lands.

13

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

15         redesignation of the Aquatic Plant Control

16         Trust Fund as the Invasive Plant Control Trust

17         Fund by s. 3, ch. 99-205, Laws of Florida, and

18         s. 1, ch. 99-312, Laws of Florida.

19

20

21

22

23

24

25

26

27

28

29

30

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