Senate Bill sb0284

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    Florida Senate - 2001        (NP)                       SB 284

    By Senator Lee





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  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 632.635, 633.021, 633.025,

  4         634.191, 634.281, 641.185, 641.225, 642.032,

  5         642.043, 648.44, 651.095, 651.106, 655.50,

  6         655.962, 663.02, 663.09, 663.14, 715.07,

  7         718.103, 718.111, 718.112, 718.504, 784.075,

  8         817.55, 828.1231, 849.086, 849.0931, 914.27,

  9         921.0022, 943.08, 943.11, 943.125, 960.065,

10         984.03, 985.201, 985.215, 985.225, and 985.228,

11         F.S.; and reenacting ss. 985.23 and 985.3141,

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

13         provisions which have expired, have become

14         obsolete, have had their effect, have served

15         their purpose, or have been impliedly repealed

16         or superseded; replacing incorrect

17         cross-references and citations; correcting

18         grammatical, typographical, and like errors;

19         removing inconsistencies, redundancies, and

20         unnecessary repetition in the statutes;

21         improving the clarity of the statutes and

22         facilitating their correct interpretation; and

23         confirming the restoration of provisions

24         unintentionally omitted from republication in

25         the acts of the Legislature during the

26         amendatory process.

27

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

29

30         Section 1.  Section 632.635, Florida Statutes, is

31  amended to read:

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  1         632.635  Unfair methods of competition and unfair and

  2  deceptive acts and practices.--Every society authorized to do

  3  business in this state shall be subject to the provisions of

  4  the Unfair Insurance Trade Practices Act as provided in part

  5  IX X of chapter 626; provided, however, that nothing in such

  6  provisions shall be construed as applying to or affecting the

  7  right of any society to determine its eligibility requirements

  8  for membership, or be construed as applying to or affecting

  9  the offering of benefits exclusively to members or persons

10  eligible for membership in the society.

11

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

13         redesignation of parts of chapter 626

14         necessitated by the transfer of sections

15         comprising former part IX by ch. 98-89, Laws of

16         Florida.

17

18         Section 2.  Subsection (10) of section 633.021, Florida

19  Statutes, is amended to read:

20         633.021  Definitions.--As used in this chapter:

21         (10)  "Handling" means touching, holding, taking up,

22  moving, controlling, or otherwise affecting with the hand or

23  by any other agency. As used in s. 633.01(3)(b), its meaning

24  and application are limited to handling having a direct

25  relationship to transportation.

26

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

28         repeal of s. 633.01(3)(b) by s. 1, ch. 90-359,

29         Laws of Florida.

30

31

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  1         Section 3.  Effective July 1, 2001, subsection (4) of

  2  section 633.025, Florida Statutes, as amended by section 59 of

  3  chapter 98-287, Laws of Florida, as amended by sections 104

  4  and 105 of chapter 2000-141, Laws of Florida, is amended to

  5  read:

  6         633.025  Minimum firesafety standards.--

  7         (4)  Such codes shall be minimum codes and a

  8  municipality, county, or special district with firesafety

  9  responsibilities may adopt more stringent firesafety

10  standards, subject to the requirements of this subsection.

11  Such county, municipality, or special district may establish

12  alternative requirements to those requirements which are

13  required under the minimum firesafety standards on a

14  case-by-case basis, in order to meet special situations

15  arising from historic, geographic, or unusual conditions, if

16  the alternative requirements result in a level of protection

17  to life, safety, or property equal to or greater than the

18  applicable minimum firesafety standards. For the purpose of

19  this subsection, the term "historic" means that the building

20  or structure is listed on the National Register of Historic

21  Places of the United States Department of the Interior.

22         (a)  The local governing body shall determine,

23  following a public hearing which has been advertised in a

24  newspaper of general circulation at least 10 days before the

25  hearing, if there is a need to strengthen the requirements of

26  the minimum firesafety code adopted by such governing body.

27  The determination must be based upon a review of local

28  conditions by the local governing body, which review

29  demonstrates that local conditions justify more stringent

30  requirements than those specified in the minimum firesafety

31  code for the protection of life and property or justify

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  1  requirements that meet special situations arising from

  2  historic, geographic, or unusual conditions.

  3         (b)  Such additional requirements shall not be

  4  discriminatory as to materials, products, or construction

  5  techniques of demonstrated capabilities.

  6         (c)  Paragraphs (a) and (b) apply solely to the local

  7  enforcing agency's adoption of requirements more stringent

  8  than those specified in the Florida Fire Prevention Code and

  9  the Life Safety Code that have the effect of amending building

10  construction standards. Upon request, the enforcing agency

11  shall provide a person making application for a building

12  permit, or any state agency or board with construction-related

13  regulation responsibilities, a listing of all such

14  requirements and codes.

15         (d)  A local government which adopts amendments to the

16  minimum firesafety code must provide a procedure by which the

17  validity of such amendments may be challenged by any

18  substantially affected party to test the amendment's

19  compliance with the provisions of this section.

20         1.  Unless the local government agrees to stay

21  enforcement of the amendment, or other good cause is shown,

22  the challenging party shall be entitled to a hearing on the

23  challenge within 45 days.

24         2.  For purposes of such challenge, the burden of proof

25  shall be on the challenging party, but the amendment shall not

26  be presumed to be valid or invalid.

27

28  This subsection gives local government the authority to

29  establish firesafety codes that exceed the minimum firesafety

30  codes and standards adopted by the State Fire Marshal. The

31  Legislature intends that local government give proper public

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  1  notice and hold public hearings before adopting more stringent

  2  firesafety codes and standards. A substantially affected

  3  person may appeal, to the Department of Insurance, the local

  4  government's resolution of the challenge, and the department

  5  shall determine if the amendment complies with this section.

  6  Actions of the department are subject to judicial review

  7  pursuant to s. 120.68.  The department shall consider reports

  8  of the Florida Building Commission, pursuant to part VII of

  9  chapter 553 533, when evaluating building code enforcement.

10

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

12         facilitate correct interpretation. Chapter 533,

13         which related to mining wastes, was not divided

14         into parts and was repealed by s. 32, ch.

15         2000-211, Laws of Florida. Part VII of chapter

16         553 relates to the Florida Building Commission

17         and state building codes.

18

19         Section 4.  Subsection (5) of section 634.191, Florida

20  Statutes, is amended to read:

21         634.191  Grounds for discretionary refusal, suspension,

22  or revocation of license or appointment of salespersons.--The

23  department may, in its discretion, deny, suspend, revoke, or

24  refuse to renew or continue the license or appointment of any

25  salesperson if it finds that as to the salesperson any one or

26  more of the following applicable grounds exist under

27  circumstances for which such denial, suspension, revocation,

28  or refusal is not mandatory under s. 634.181:

29         (5)  If, in the conduct of business under the license

30  or appointment, the salesperson has engaged in unfair methods

31  of competition or in unfair or deceptive acts or practices, as

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  1  such methods, acts, or practices are or may be defined under

  2  part IX X of chapter 626, or has otherwise shown herself or

  3  himself to be a source of injury or loss to the public or

  4  detrimental to the public interest.

  5

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

  7         redesignation of parts of chapter 626

  8         necessitated by the transfer of sections

  9         comprising former part IX by ch. 98-89, Laws of

10         Florida.

11

12         Section 5.  Section 634.281, Florida Statutes, is

13  amended to read:

14         634.281  Unfair trade practices.--Service agreement

15  companies and their salespersons shall be subject to the

16  provisions of part IX X of chapter 626.

17

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

19         redesignation of parts of chapter 626

20         necessitated by the transfer of sections

21         comprising former part IX by ch. 98-89, Laws of

22         Florida.

23

24         Section 6.  Paragraphs (d) and (l) of subsection (1) of

25  section 641.185, Florida Statutes, are amended to read:

26         641.185  Health maintenance organization subscriber

27  protections.--

28         (1)  With respect to the provisions of this part and

29  part III, the principles expressed in the following statements

30  shall serve as standards to be followed by the Department of

31  Insurance and the Agency for Health Care Administration in

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  1  exercising their powers and duties, in exercising

  2  administrative discretion, in administrative interpretations

  3  of the law, in enforcing its provisions, and in adopting

  4  rules:

  5         (d)  A health maintenance organization subscriber

  6  should receive continuity of health care, even after the

  7  provider is no longer with the health maintenance organization

  8  pursuant to s. 641.51(8) 641.51(7).

  9         (l)  A health maintenance organization subscriber shall

10  be given a copy of the applicable health maintenance contract,

11  certificate, or member handbook specifying: all the

12  provisions, disclosure, and limitations required pursuant to

13  s. 641.31(1) and (4); the covered services, including those

14  services, medical conditions, and provider types specified in

15  ss. 641.31, 641.31094, 641.31095, 641.31096, 641.51(11)

16  641.51(10), and 641.513; and where and in what manner services

17  may be obtained pursuant to s. 641.31(4).

18

19         Reviser's note.--Paragraph (1)(d) is amended to

20         conform to the redesignation of s. 641.51(7) as

21         s. 641.51(8) by s. 26, ch. 2000-256, Laws of

22         Florida. Paragraph (1)(l) is amended to conform

23         to the redesignation of s. 641.51(10) as s.

24         641.51(11) by s. 26, ch. 2000-256.

25

26         Section 7.  Subsection (1) of section 641.225, Florida

27  Statutes, is amended to read:

28         641.225  Surplus requirements.--

29         (1)  Each health maintenance organization shall at all

30  times maintain a minimum surplus in an amount that is the

31  greater of $1,500,000, or 10 percent of total liabilities, or

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  1  2 percent of total annualized premium. All health maintenance

  2  organizations that have a valid certificate of authority

  3  before October 1, 1998, or an entity described in subsection

  4  (3), and that do not meet the minimum surplus requirement,

  5  shall increase their surplus as follows:

  6

  7  Date                 Amount

  8

  9  September 30, 1998   $800,000, or 10 percent of total

10                       liabilities, or 1 percent of

11                       annualized premium, whichever is

12                       greater

13

14  September 30, 1999   $1,150,000, or 10 percent of total

15                       liabilities, or 1.25 percent of

16                       annualized premium, whichever is

17                       greater

18

19  September 30, 2000   $1,500,000, or 10 percent of total

20                       liabilities, or 2 percent of

21                       annualized premium, whichever is

22                       greater

23

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

25         that has served its purpose.

26

27         Section 8.  Subsection (3) of section 642.032, Florida

28  Statutes, is amended to read:

29         642.032  Provisions of general insurance law applicable

30  to legal expense insurance corporations.--The following

31  provisions of the Florida Insurance Code shall apply to legal

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  1  expense insurance corporations, to the extent that they are

  2  not inconsistent with the provisions of ss. 642.011-642.049:

  3         (3)  Chapter 626, part IX X, unfair insurance trade

  4  practices.

  5

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

  7         redesignation of parts of chapter 626

  8         necessitated by the transfer of sections

  9         comprising former part IX by ch. 98-89, Laws of

10         Florida.

11

12         Section 9.  Subsection (5) of section 642.043, Florida

13  Statutes, is amended to read:

14         642.043  Grounds for discretionary refusal, suspension,

15  or revocation of license or appointment of sales

16  representatives.--The department may, in its discretion, deny,

17  suspend, revoke, or refuse to renew or continue the license or

18  appointment of any sales representative if it finds that, as

19  to the representative, any one or more of the following

20  applicable grounds exist under circumstances for which such

21  denial, suspension, revocation, or refusal is not mandatory

22  under s. 642.041:

23         (5)  In the conduct of business under the license or

24  appointment, having engaged in unfair methods of competition

25  or in unfair or deceptive acts or practices, as such methods,

26  acts, or practices are defined under part IX X of chapter 626,

27  or having otherwise shown himself or herself to be a source of

28  injury or loss to the public or detrimental to the public

29  interest.

30

31

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

  2         redesignation of parts of chapter 626

  3         necessitated by the transfer of sections

  4         comprising former part IX by ch. 98-89, Laws of

  5         Florida.

  6

  7         Section 10.  Paragraph (b) of subsection (6) of section

  8  648.44, Florida Statutes, is amended to read:

  9         648.44  Prohibitions; penalty.--

10         (6)

11         (b)  Any misleading or false advertisement or deceptive

12  trade practice is prohibited as provided in part IX X of

13  chapter 626.

14

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

16         redesignation of parts of chapter 626

17         necessitated by the transfer of sections

18         comprising former part IX by ch. 98-89, Laws of

19         Florida.

20

21         Section 11.  Subsections (1) and (2) of section

22  651.095, Florida Statutes, are amended to read:

23         651.095  Advertisements; requirements; penalties.--

24         (1)  Upon application for a provisional certificate of

25  authority, the department shall require the applicant to

26  submit for approval all advertising.  Approval of the

27  application constitutes approval of the advertising, unless

28  the department has otherwise notified the applicant.  The

29  department shall disapprove any document which is a violation

30  of any provision of part IX X of chapter 626.

31

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  1         (2)  After an application has been approved, a provider

  2  is not required to submit new advertising to the department

  3  for approval; however, a provider may not use, and may not

  4  have published, and a person may not use or may not have

  5  published, any advertisement which is a violation of any

  6  provision of part IX X of chapter 626 or which has previously

  7  been disapproved by the department.

  8

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

10         redesignation of parts of chapter 626

11         necessitated by the transfer of sections

12         comprising former part IX by ch. 98-89, Laws of

13         Florida.

14

15         Section 12.  Subsection (15) of section 651.106,

16  Florida Statutes, is amended to read:

17         651.106  Grounds for discretionary refusal, suspension,

18  or revocation of certificate of authority.--The department, in

19  its discretion, may deny, suspend, or revoke the provisional

20  certificate of authority or the certificate of authority of

21  any applicant or provider if it finds that any one or more of

22  the following grounds applicable to the applicant or provider

23  exist:

24         (15)  In the conduct of business under the license,

25  engaging in unfair methods of competition or in unfair or

26  deceptive acts or practices prohibited under part IX X of

27  chapter 626.

28

29  Revocation of a certificate of authority under this section

30  does not relieve a provider from the provider's obligation to

31  residents under the terms and conditions of any continuing

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  1  care contract between the provider and residents or the

  2  provisions of this chapter. The provider shall continue to

  3  file its annual statement and pay license fees to the

  4  department as required under this chapter as if the

  5  certificate of authority had continued in full force, but the

  6  provider shall not issue any new continuing care contracts.

  7  The department may seek an action in the circuit court of Leon

  8  County to enforce the department's order and the provisions of

  9  this section.

10

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

12         redesignation of parts of chapter 626

13         necessitated by the transfer of sections

14         comprising former part IX by ch. 98-89, Laws of

15         Florida.

16

17         Section 13.  Paragraph (d) of subsection (10) of

18  section 655.50, Florida Statutes, is amended to read:

19         655.50  Florida Control of Money Laundering in

20  Financial Institutions Act; reports of transactions involving

21  currency or monetary instruments; when required; purpose;

22  definitions; penalties.--

23         (10)

24         (d)  A financial institution as defined in s. 655.005

25  that who willfully violates this section is also liable for a

26  civil penalty of not more than the greater of the value of the

27  financial transaction involved or $25,000. However, the civil

28  penalty may not exceed $100,000.

29

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

31

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  1         Section 14.  Subsection (3) of section 655.962, Florida

  2  Statutes, is amended to read:

  3         655.962  Lighting; mirrors; landscaping.--

  4         (3)  The operator, or other person responsible pursuant

  5  to ss. 655.960-655.965 for an automated teller machine, shall

  6  ensure that the height of any landscaping, vegetation, or

  7  other physical obstructions in the area required to be lighted

  8  pursuant to subsection (1) (2) for any open and operating

  9  automated teller machine shall not exceed 3 feet, except that

10  trees trimmed to a height of 10 feet and whose diameters are

11  less than 2 feet and manmade physical obstructions required by

12  statute, law, code, ordinance, or other governmental

13  regulation shall not be affected by this subsection.

14

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

16         redesignation of subsections necessitated by

17         the repeal of former subsection (1) by s. 85,

18         ch. 2000-158, Laws of Florida.

19

20         Section 15.  Subsection (1) of section 663.02, Florida

21  Statutes, is amended to read:

22         663.02  Applicability of state banking laws.--

23         (1)  International banking corporations having offices

24  in this state shall be subject to all the provisions of the

25  financial institutions codes and chapter 655 as though such

26  international banking corporations were state banks, except

27  where it may appear, from the context or otherwise, that such

28  provisions are clearly applicable only to banks or trust

29  companies organized under the laws of this state or the United

30  States.  Without limiting the foregoing general provisions, it

31  is the intent of the Legislature that the following provisions

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  1  shall be applicable to such banks or corporations: s. 655.031

  2  655.021, relating to administrative enforcement guidelines; s.

  3  655.032 655.025, relating to investigations, subpoenas,

  4  hearings, and witnesses; s. 655.0321 655.029, relating to

  5  hearings, proceedings, and related documents and restricted

  6  access thereto; s. 655.033, relating to cease and desist

  7  orders; s. 655.037, relating to removal by the department of

  8  an officer, director, committee member, employee, or other

  9  person; s. 655.041, relating to administrative fines and

10  enforcement; and s. 658.49, relating to loans by banks not

11  exceeding $50,000; s. 658.76, relating to transactions with

12  directors; and s. 658.77, relating to prohibited acts and

13  practices. International banking corporations shall not have

14  the powers conferred on domestic banks by the provisions of s.

15  658.60, relating to deposits of public funds. International

16  banking corporations shall not be subject to the provisions of

17  s. 658.68, relating to liquidity.  The provisions of chapter

18  687, relating to interest and usury, shall apply to all loans

19  not subject to s. 658.49.

20

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

22         redesignation of s. 655.021 as s. 655.031; s.

23         655.025 as s. 655.032; and s. 655.029 as s.

24         655.0321 by ss. 11, 12, and 13, respectively,

25         of ch. 92-303, Laws of Florida, and amended to

26         conform to the repeal of ss. 658.76 and 658.77

27         by s. 189, ch. 92-303.

28

29         Section 16.  Paragraph (b) of subsection (3) of section

30  663.09, Florida Statutes, is amended to read:

31         663.09  Reports; records.--

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  1         (3)  Each international banking corporation which

  2  operates an office licensed under this part shall cause to be

  3  kept, at a location accepted by the department:

  4         (b)  Current copies of the charter and bylaws of the

  5  international banking corporation, relative to the operations

  6  of the office, and minutes of the proceedings of its

  7  directors, officers, or committees relative to the business of

  8  the office. Such records shall be kept pursuant to s. 655.91

  9  658.72 and shall be made available to the department, upon

10  request, at any time during regular business hours of the

11  office.  Any failure to keep such records as aforesaid or any

12  refusal to produce such records upon request by the department

13  shall be grounds for suspension or revocation of any license

14  issued under this part.

15

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

17         facilitate correct interpretation. Section

18         658.72 was repealed by s. 189, ch. 92-303, Laws

19         of Florida. Financial institution record

20         retention is now addressed in s. 655.91.

21

22         Section 17.  Section 663.14, Florida Statutes, is

23  amended to read:

24         663.14  Foreign travel expenses.--If domestic or

25  foreign travel is deemed necessary by the department to

26  effectuate the purposes of this part, representatives of the

27  department shall be reimbursed in the manner set forth in s.

28  288.011 for actual, reasonable, and necessary expenses

29  incurred in such domestic or foreign travel.

30

31

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

  2         facilitate correct interpretation. Section

  3         288.011 was repealed by s. 154, ch. 96-320,

  4         Laws of Florida.

  5

  6         Section 18.  Paragraph (a) of subsection (2) of section

  7  715.07, Florida Statutes, is amended to read:

  8         715.07  Vehicles parked on private property; towing.--

  9         (2)  The owner or lessee of real property, or any

10  person authorized by the owner or lessee, which person may be

11  the designated representative of the condominium association

12  if the real property is a condominium, may cause any vehicle

13  parked on such property without her or his permission to be

14  removed by a person regularly engaged in the business of

15  towing vehicles, without liability for the costs of removal,

16  transportation, or storage or damages caused by such removal,

17  transportation, or storage, under any of the following

18  circumstances:

19         (a)  The towing or removal of any vehicle from private

20  property without the consent of the registered owner or other

21  legally authorized person in control of that vehicle is

22  subject to strict compliance with the following conditions and

23  restrictions:

24         1.a.  Any towed or removed vehicle must be stored at a

25  site within 10 miles of the point of removal in any county of

26  500,000 population or more, and within 15 miles of the point

27  of removal in any county of less than 500,000 population. That

28  site must be open for the purpose of redemption of vehicles on

29  any day that the person or firm towing such vehicle is open

30  for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when

31  closed, shall have prominently posted a sign indicating a

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  1  telephone number where the operator of the site can be reached

  2  at all times.  Upon receipt of a telephoned request to open

  3  the site to redeem a vehicle, the operator shall return to the

  4  site within 1 hour or she or he will be in violation of this

  5  section.

  6         b.  If no towing business providing such service is

  7  located within the area of towing limitations set forth in

  8  sub-subparagraph a., the following limitations apply:  any

  9  towed or removed vehicle must be stored at a site within 20

10  miles of the point of removal in any county of 500,000

11  population or more, and within 30 miles of the point of

12  removal in any county of less than 500,000 population.

13         2.  The person or firm towing or removing the vehicle

14  shall, within 30 minutes of completion of such towing or

15  removal, notify the municipal police department or, in an

16  unincorporated area, the sheriff of such towing or removal,

17  the storage site, the time the vehicle was towed or removed,

18  and the make, model, color, and license plate number of the

19  vehicle and shall obtain the name of the person at that

20  department to whom such information was reported and note that

21  name on the trip record.

22         3.  If the registered owner or other legally authorized

23  person in control of the vehicle arrives at the scene prior to

24  removal or towing of the vehicle, the vehicle shall be

25  disconnected from the towing or removal apparatus, and that

26  person shall be allowed to remove the vehicle without

27  interference upon the payment of a reasonable service fee of

28  not more than one-half of the posted rate for such towing

29  service as provided in subparagraph 6., for which a receipt

30  shall be given, unless that person refuses to remove the

31  vehicle which is otherwise unlawfully parked.

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  1         4.  The rebate or payment of money or any other

  2  valuable consideration from the individual or firm towing or

  3  removing vehicles to the owners or operators of the premises

  4  from which the vehicles are towed or removed, for the

  5  privilege of removing or towing those vehicles, is prohibited.

  6         5.  Except for property appurtenant to and obviously a

  7  part of a single-family residence, and except for instances

  8  when notice is personally given to the owner or other legally

  9  authorized person in control of the vehicle that the area in

10  which that vehicle is parked is reserved or otherwise

11  unavailable for unauthorized vehicles and subject to being

12  removed at the owner's or operator's expense, any property

13  owner or lessee, or person authorized by the property owner or

14  lessee, prior to towing or removing any vehicle from private

15  property without the consent of the owner or other legally

16  authorized person in control of that vehicle, must post a

17  notice meeting the following requirements:

18         a.  The notice must be prominently placed at each

19  driveway access or curb cut allowing vehicular access to the

20  property, within 5 feet from the public right-of-way line.  If

21  there are no curbs or access barriers, the signs must be

22  posted not less than one sign for each 25 feet of lot

23  frontage.

24         b.  The notice must clearly indicate, in not less than

25  2-inch high, light-reflective letters on a contrasting

26  background, that unauthorized vehicles will be towed away at

27  the owner's expense.  The words "tow-away zone" must be

28  included on the sign in not less than 4-inch high letters.

29         c.  The notice must also provide the name and current

30  telephone number of the person or firm towing or removing the

31  vehicles, if the property owner, lessee, or person in control

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  1  of the property has a written contract with the towing

  2  company.

  3         d.  The sign structure containing the required notices

  4  must be permanently installed with the words "tow-away zone"

  5  not less than 3 feet and not more than 6 feet above ground

  6  level and must be continuously maintained on the property for

  7  not less than 24 hours prior to the towing or removal of any

  8  vehicles.

  9         e.  The local government may require permitting and

10  inspection of these signs prior to any towing or removal of

11  vehicles being authorized.

12         f.  A business with 20 or fewer parking spaces

13  satisfies the notice requirements of this subparagraph by

14  prominently displaying a sign stating "Reserved Parking for

15  Customers Only Unauthorized Vehicles Will be Towed Away At the

16  Owner's Expense" in not less than 4-inch high,

17  light-reflective letters on a contrasting background.

18

19  A business owner or lessee may authorize the removal of a

20  vehicle by a towing company when the vehicle is parked in such

21  a manner that restricts the normal operation of business; and

22  if a vehicle parked on a public right-of-way obstructs access

23  to a private driveway the owner, lessee, or agent may have the

24  vehicle removed by a towing company upon signing an order that

25  the vehicle be removed without a posted tow-away zone sign.

26         6.  Any person or firm that tows or removes vehicles

27  and proposes to require an owner, operator, or person in

28  control of a vehicle to pay the costs of towing and storage

29  prior to redemption of the vehicle must file and keep on

30  record with the local law enforcement agency a complete copy

31  of the current rates to be charged for such services and post

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  1  at the storage site an identical rate schedule and any written

  2  contracts with property owners, lessees, or persons in control

  3  of property which authorize such person or firm to remove

  4  vehicles as provided in this section.

  5         7.  Any person or firm towing or removing any vehicles

  6  from private property without the consent of the owner or

  7  other legally authorized person in control of the vehicles

  8  shall, on any trucks, wreckers as defined in s. 713.78(1)(c)

  9  713.78(1)(b), or other vehicles used in the towing or removal,

10  have the name, address, and telephone number of the company

11  performing such service clearly printed in contrasting colors

12  on the driver and passenger sides of the vehicle.  The name

13  shall be in at least 3-inch permanently affixed letters, and

14  the address and telephone number shall be in at least 1-inch

15  permanently affixed letters.

16         8.  Vehicle entry for the purpose of removing the

17  vehicle shall be allowed with reasonable care on the part of

18  the person or firm towing the vehicle.  Such person or firm

19  shall be liable for any damage occasioned to the vehicle if

20  such entry is not in accordance with the standard of

21  reasonable care.

22         9.  When a vehicle has been towed or removed pursuant

23  to this section, it must be released to its owner or custodian

24  within one hour after requested.  Any vehicle owner,

25  custodian, or agent shall have the right to inspect the

26  vehicle before accepting its return, and no release or waiver

27  of any kind which would release the person or firm towing the

28  vehicle from liability for damages noted by the owner or other

29  legally authorized person at the time of the redemption may be

30  required from any vehicle owner, custodian, or agent as a

31  condition of release of the vehicle to its owner.  A detailed,

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  1  signed receipt showing the legal name of the company or person

  2  towing or removing the vehicle must be given to the person

  3  paying towing or storage charges at the time of payment,

  4  whether requested or not.

  5

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

  7         redesignation of s. 713.78(1)(b) as s.

  8         713.78(1)(c) by s. 11, ch. 98-324, Laws of

  9         Florida.

10

11         Section 19.  Subsection (30) of section 718.103,

12  Florida Statutes, is amended to read:

13         718.103  Definitions.--As used in this chapter, the

14  term:

15         (30)  "Voting interests" means the voting rights

16  distributed to the association members pursuant to s.

17  718.104(4)(j) 718.104(4)(i). In a multicondominium

18  association, the voting interests of the association are the

19  voting rights distributed to the unit owners in all

20  condominiums operated by the association.  On matters related

21  to a specific condominium in a multicondominium association,

22  the voting interests of the condominium are the voting rights

23  distributed to the unit owners in that condominium.

24

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

26         redesignation of s. 718.104(4)(i) as s.

27         718.104(4)(j) necessitated by the creation of a

28         new paragraph (h) by s. 49, ch. 2000-302, Laws

29         of Florida.

30

31

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  1         Section 20.  Subsection (10) of section 718.111,

  2  Florida Statutes, is amended to read:

  3         718.111  The association.--

  4         (10)  EASEMENTS.--Unless prohibited by the declaration,

  5  the board of administration has the authority, without the

  6  joinder of any unit owner, to grant, modify, or move any

  7  easement if the easement constitutes part of or crosses the

  8  common elements or association property.  This subsection does

  9  not authorize the board of administration to modify, move, or

10  vacate any easement created in whole or in part for the use or

11  benefit of anyone other than the unit owners, or crossing the

12  property of anyone other than the unit owners, without the

13  consent or approval of those other persons having the use or

14  benefit of the easement, as required by law or by the

15  instrument creating the easement. Nothing in this subsection

16  affects the minimum requirements of s. 718.104(4)(n)

17  718.104(4)(m) or the powers enumerated in subsection (3).

18

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

20         redesignation of s. 718.104(4)(m) as s.

21         718.104(4)(n) necessitated by the creation of a

22         new paragraph (h) by s. 49, ch. 2000-302, Laws

23         of Florida.

24

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

26  718.112, Florida Statutes, is amended to read:

27         718.112  Bylaws.--

28         (2)  REQUIRED PROVISIONS.--The bylaws shall provide for

29  the following and, if they do not do so, shall be deemed to

30  include the following:

31         (b)  Quorum; voting requirements; proxies.--

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  1         1.  Unless a lower number is provided in the bylaws,

  2  the percentage of voting interests required to constitute a

  3  quorum at a meeting of the members shall be a majority of the

  4  voting interests.  Unless otherwise provided in this chapter

  5  or in the declaration, articles of incorporation, or bylaws,

  6  and except as provided in subparagraph (d)3., decisions shall

  7  be made by owners of a majority of the voting interests

  8  represented at a meeting at which a quorum is present.

  9         2.  Except as specifically otherwise provided herein,

10  after January 1, 1992, unit owners may not vote by general

11  proxy, but may vote by limited proxies substantially

12  conforming to a limited proxy form adopted by the division.

13  Limited proxies and general proxies may be used to establish a

14  quorum.  Limited proxies shall be used for votes taken to

15  waive or reduce reserves in accordance with subparagraph

16  (f)2.; for votes taken to waive financial statement

17  requirements as provided by s. 718.111(14); for votes taken to

18  amend the declaration pursuant to s. 718.110; for votes taken

19  to amend the articles of incorporation or bylaws pursuant to

20  this section; and for any other matter for which this chapter

21  requires or permits a vote of the unit owners.  Except as

22  provided in paragraph (d), after January 1, 1992, no proxy,

23  limited or general, shall be used in the election of board

24  members. General proxies may be used for other matters for

25  which limited proxies are not required, and may also be used

26  in voting for nonsubstantive changes to items for which a

27  limited proxy is required and given. Notwithstanding the

28  provisions of this subparagraph, unit owners may vote in

29  person at unit owner meetings.  Nothing contained herein shall

30  limit the use of general proxies or require the use of limited

31

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  1  proxies for any agenda item or election at any meeting of a

  2  timeshare condominium association.

  3         3.  Any proxy given shall be effective only for the

  4  specific meeting for which originally given and any lawfully

  5  adjourned meetings thereof.  In no event shall any proxy be

  6  valid for a period longer than 90 days after the date of the

  7  first meeting for which it was given.  Every proxy is

  8  revocable at any time at the pleasure of the unit owner

  9  executing it.

10         4.  A member of the board of administration or a

11  committee may submit in writing his or her agreement or

12  disagreement with any action taken at a meeting that the

13  member did not attend. This agreement or disagreement may not

14  be used as a vote for or against the action taken and may not

15  be used for the purposes of creating a quorum.

16         5.  When any of the board or committee members meet by

17  telephone conference, those board or committee members

18  attending by telephone conference may be counted toward

19  obtaining a quorum and may vote by telephone. A telephone

20  speaker must be used so that the conversation of those board

21  or committee members attending by telephone may be heard by

22  the board or committee members attending in person as well as

23  by any unit owners present at a meeting.

24

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

26         deletion of former s. 718.111(14), which

27         related to financial statement requirements, by

28         s. 52, ch. 2000-302, Laws of Florida.

29

30         Section 22.  Paragraph (p) of subsection (24) of

31  section 718.504, Florida Statutes, is amended to read:

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  1         718.504  Prospectus or offering circular.--Every

  2  developer of a residential condominium which contains more

  3  than 20 residential units, or which is part of a group of

  4  residential condominiums which will be served by property to

  5  be used in common by unit owners of more than 20 residential

  6  units, shall prepare a prospectus or offering circular and

  7  file it with the Division of Florida Land Sales, Condominiums,

  8  and Mobile Homes prior to entering into an enforceable

  9  contract of purchase and sale of any unit or lease of a unit

10  for more than 5 years and shall furnish a copy of the

11  prospectus or offering circular to each buyer.  In addition to

12  the prospectus or offering circular, each buyer shall be

13  furnished a separate page entitled "Frequently Asked Questions

14  and Answers," which shall be in accordance with a format

15  approved by the division and a copy of the financial

16  information required by s. 718.111.  This page shall, in

17  readable language, inform prospective purchasers regarding

18  their voting rights and unit use restrictions, including

19  restrictions on the leasing of a unit; shall indicate whether

20  and in what amount the unit owners or the association is

21  obligated to pay rent or land use fees for recreational or

22  other commonly used facilities; shall contain a statement

23  identifying that amount of assessment which, pursuant to the

24  budget, would be levied upon each unit type, exclusive of any

25  special assessments, and which shall further identify the

26  basis upon which assessments are levied, whether monthly,

27  quarterly, or otherwise; shall state and identify any court

28  cases in which the association is currently a party of record

29  in which the association may face liability in excess of

30  $100,000; and which shall further state whether membership in

31  a recreational facilities association is mandatory, and if so,

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  1  shall identify the fees currently charged per unit type.  The

  2  division shall by rule require such other disclosure as in its

  3  judgment will assist prospective purchasers. The prospectus or

  4  offering circular may include more than one condominium,

  5  although not all such units are being offered for sale as of

  6  the date of the prospectus or offering circular.  The

  7  prospectus or offering circular must contain the following

  8  information:

  9         (24)  Copies of the following, to the extent they are

10  applicable, shall be included as exhibits:

11         (p)  A copy of the documents containing any

12  restrictions on use of the property required by subsection

13  (17) (16).

14

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

16         redesignation of subsection (16) as subsection

17         (17) by s. 61, ch. 2000-302, Laws of Florida.

18

19         Section 23.  Section 784.075, Florida Statutes, is

20  amended to read:

21         784.075  Battery on detention or commitment facility

22  staff or a juvenile probation officer.--A person who commits a

23  battery on a juvenile probation officer, as defined in s.

24  984.03 or s. 985.03, on other staff of a detention center or

25  facility as defined in s. 984.03(19) or s. 985.03(19)

26  985.03(20), or on a staff member of a commitment facility as

27  defined in s. 985.03(45), commits a felony of the third

28  degree, punishable as provided in s. 775.082, s. 775.083, or

29  s. 775.084. For purposes of this section, a staff member of

30  the facilities listed includes persons employed by the

31  Department of Juvenile Justice, persons employed at facilities

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  1  licensed by the Department of Juvenile Justice, and persons

  2  employed at facilities operated under a contract with the

  3  Department of Juvenile Justice.

  4

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

  6         redesignation of s. 985.03(20) as s. 985.03(19)

  7         by s. 18, ch. 2000-135, Laws of Florida.

  8

  9         Section 24.  Subsection (2) of section 817.55, Florida

10  Statutes, is amended to read:

11         817.55  Tourist attraction advertisement; misleading

12  use of the word "free."--

13         (2)  The state attorney for any county in which any

14  violation of this act occurs or the Division of Economic

15  Development of the Department of Commerce may enjoin the use

16  of such word or words by temporary and permanent injunction by

17  application to any court of competent jurisdiction.

18

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

20         that has served its purpose. Section 20.17,

21         which created the Department of Commerce, was

22         repealed by s. 3, ch. 96-320, Laws of Florida.

23

24         Section 25.  Subsection (3) of section 828.1231,

25  Florida Statutes, is amended to read:

26         828.1231  Sale of garments or items of clothing

27  containing dog or cat fur prohibited; sale of pelt of any dog

28  or cat prohibited; penalty.--

29         (3)  Any person who violates the provisions of this

30  section commits a misdemeanor of the first degree, punishable

31  as provided in s. 775.082 or, s. 775.083, or s. 775.084. Upon

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  1  a second or subsequent conviction for a violation of this

  2  subsection, the offender commits a felony of the third degree,

  3  punishable as provided in s. 775.082, s. 775.083, or s.

  4  775.084.

  5

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

  7         facilitate correct interpretation. Section

  8         775.084 no longer provides for punishment of

  9         misdemeanors.

10

11         Section 26.  Paragraph (f) of subsection (6) and

12  paragraph (g) of subsection (13) of section 849.086, Florida

13  Statutes, are amended to read:

14         849.086  Cardrooms authorized.--

15         (6)  BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE

16  REQUIRED; APPLICATION; FEES.--

17         (f)  The division shall promulgate rules regarding

18  cardroom occupational licenses.  The provisions specified in

19  s. 550.105(4), (5), (6), (7), (8), and (10) 550.105(3), (4),

20  (5), (6), (7), and (9) relating to licensure shall be

21  applicable to cardroom occupational licenses.

22         (13)  TAXES AND OTHER PAYMENTS.--

23         (g)  All of the moneys deposited in the Pari-mutuel

24  Wagering Trust Fund, except as set forth in paragraph (h),

25  shall be utilized and distributed in the manner specified in

26  s. 550.135(1) and (2) 550.135(3) and (4).  However, cardroom

27  tax revenues shall be kept separate from pari-mutuel tax

28  revenues and shall not be used for making the disbursement to

29  counties provided in former s. 550.135(1).

30

31

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  1         Reviser's note.--Paragraph (6)(f) is amended to

  2         conform to the redesignation of subunits in s.

  3         550.105 by s. 23, ch. 2000-354, Laws of

  4         Florida. Paragraph (13)(g) is amended to

  5         conform to the deletion of former s. 550.135(1)

  6         and (2) and the redesignation of s. 550.135(3)

  7         and (4) as s. 550.135(1) and (2) by s. 5, ch.

  8         2000-354.

  9

10         Section 27.  Subsection (4) and paragraph (e) of

11  subsection (11) of section 849.0931, Florida Statutes, are

12  amended to read:

13         849.0931  Bingo authorized; conditions for conduct;

14  permitted uses of proceeds; limitations.--

15         (4)  The right of a condominium association, a

16  cooperative association, a homeowners' association as defined

17  in s. 720.301 617.301, a mobile home owners' association, a

18  group of residents of a mobile home park as defined in chapter

19  723, or a group of residents of a mobile home park or

20  recreational vehicle park as defined in chapter 513 to conduct

21  bingo is conditioned upon the return of the net proceeds from

22  such games to players in the form of prizes after having

23  deducted the actual business expenses for such games for

24  articles designed for and essential to the operation, conduct,

25  and playing of bingo. Any net proceeds remaining after paying

26  prizes may be donated by the association to a charitable,

27  nonprofit, or veterans' organization which is exempt from

28  federal income tax under the provisions of s. 501(c) of the

29  Internal Revenue Code to be used in such recipient

30  organization's charitable, civic, community, benevolent,

31  religious, or scholastic works or similar activities or, in

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  1  the alternative, such remaining proceeds shall be used as

  2  specified in subsection (3).

  3         (11)  Bingo games may be held only on the following

  4  premises:

  5         (e)  With respect to bingo games conducted by a

  6  condominium association, a cooperative association, a

  7  homeowners' association as defined in s. 720.301 617.301, a

  8  mobile home owners' association, a group of residents of a

  9  mobile home park as defined in chapter 723, or a group of

10  residents of a mobile home park or recreational vehicle park

11  as defined in chapter 513, property owned by the association,

12  property owned by the residents of the mobile home park or

13  recreational vehicle park, or property which is a common area

14  located within the condominium, mobile home park, or

15  recreational vehicle park.

16

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

18         redesignation of s. 617.301 as s. 720.301 by s.

19         44, ch. 2000-258, Laws of Florida.

20

21         Section 28.  Effective July 1, 2001, subsection (4) of

22  section 849.0931, Florida Statutes, as amended by section 59

23  of chapter 2000-258, Laws of Florida, is amended to read:

24         849.0931  Bingo authorized; conditions for conduct;

25  permitted uses of proceeds; limitations.--

26         (4)  The right of a condominium association, a

27  cooperative association, a homeowners' association as defined

28  in s. 720.301 702.301, a mobile home owners' association, a

29  group of residents of a mobile home park as defined in chapter

30  723, or a group of residents of a mobile home park or

31  recreational vehicle park as defined in chapter 513 to conduct

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  1  bingo is conditioned upon the return of the net proceeds from

  2  such games to players in the form of prizes after having

  3  deducted the actual business expenses for such games for

  4  articles designed for and essential to the operation, conduct,

  5  and playing of bingo. Any net proceeds remaining after paying

  6  prizes may be donated by the association to a charitable,

  7  nonprofit, or veterans' organization which is exempt from

  8  federal income tax under the provisions of s. 501(c) of the

  9  Internal Revenue Code to be used in such recipient

10  organization's charitable, civic, community, benevolent,

11  religious, or scholastic works or similar activities or, in

12  the alternative, such remaining proceeds shall be used as

13  specified in subsection (3).

14

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

16         error and facilitate correct interpretation.

17         Section 702.301 does not exist. The former

18         reference was to s. 617.301, which was

19         redesignated as s. 720.301 by s. 44, ch.

20         2000-258, Laws of Florida.

21

22         Section 29.  Subsections (1) and (4) of section 914.27,

23  Florida Statutes, are amended to read:

24         914.27  Confidentiality of victim and witness

25  information.--

26         (1)  Information held by any state or local law

27  enforcement agency, state attorney, the statewide prosecutor,

28  the Victim and Witness Protection Review Committee created

29  pursuant to s. 943.031 914.26, or the Department of Law

30  Enforcement which discloses:

31

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  1         (a)  The identity or location of a victim or witness

  2  who has been identified or certified for protection or

  3  relocation by the state attorney or statewide prosecutor

  4  pursuant to s. 914.25;

  5         (b)  The identity or location of an immediate family

  6  member of a victim or witness who has been identified or

  7  certified pursuant to s. 914.25;

  8         (c)  Relocation sites, techniques, or procedures

  9  utilized or developed as a result of the victim and witness

10  protection services afforded by s. 914.25; or

11         (d)  The identity or relocation site of any victim,

12  witness, or immediate family member of a victim or witness who

13  has made a relocation of permanent residence by reason of the

14  victim's or witness's involvement in the investigation or

15  prosecution giving rise to certification for protection or

16  relocation pursuant to s. 914.25;

17

18  is confidential and exempt from the provisions of s. 119.07(1)

19  and s. 24(a), Art. I of the State Constitution.  Such

20  information may be shared by law enforcement agencies, state

21  attorneys, and the statewide prosecutor to facilitate the

22  protection or relocation services provided pursuant to s.

23  914.25 and to support the prosecution efforts of the state

24  attorneys and the statewide prosecutor.  Any information so

25  shared must remain confidential and exempt in the hands of any

26  agency or entity to which the information is provided.

27         (4)  The certifying state attorney or statewide

28  prosecutor may state in writing to the Victim and Witness

29  Protection Review Committee established pursuant to s. 943.031

30  914.26 that even though certification for participation in the

31  victim or witness protection program is about to expire,

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  1  disclosure of information made confidential and exempt by

  2  paragraph (1)(a) or paragraph (1)(b) continues to constitute

  3  an unwarranted risk to, or jeopardizes the safety of, victims,

  4  witnesses, or family members of such victims or witnesses.

  5  Accordingly, the confidential and exempt status of such

  6  information shall continue until the certifying state attorney

  7  or statewide prosecutor determines that disclosure of the

  8  information would not constitute an unwarranted risk to, or

  9  jeopardize the safety of, any person, and provides written

10  notification to that effect to the Victim and Witness

11  Protection Review Committee.

12

13  This section is subject to the Open Government Sunset Review

14  Act of 1995 in accordance with s. 119.15, and shall stand

15  repealed on October 2, 2002, unless reviewed and saved from

16  repeal through reenactment by the Legislature.

17

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

19         error. Section 914.26 does not exist. The

20         Victim and Witness Protection Review Committee

21         is created in s. 943.031 by s. 2, ch. 97-52,

22         Laws of Florida.

23

24         Section 30.  Paragraph (g) of subsection (3) of section

25  921.0022, Florida Statutes, is amended to read:

26         921.0022  Criminal Punishment Code; offense severity

27  ranking chart.--

28         (3)  OFFENSE SEVERITY RANKING CHART

29

30

31

                                  33

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  1  Florida           Felony

  2  Statute           Degree             Description

  3

  4                              (g)  LEVEL 7

  5  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

  6                              injury.

  7  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

  8                              bodily injury.

  9  402.319(2)         2nd      Misrepresentation and negligence

10                              or intentional act resulting in

11                              great bodily harm, permanent

12                              disfiguration, permanent

13                              disability, or death.

14  409.920(2)         3rd      Medicaid provider fraud.

15  456.065(2)         3rd      Practicing a health care

16                              profession without a license.

17  456.065(2)         2nd      Practicing a health care

18                              profession without a license

19                              which results in serious bodily

20                              injury.

21  458.327(1)         3rd      Practicing medicine without a

22                              license.

23  459.013(1)         3rd      Practicing osteopathic medicine

24                              without a license.

25  460.411(1)         3rd      Practicing chiropractic medicine

26                              without a license.

27  461.012(1)         3rd      Practicing podiatric medicine

28                              without a license.

29  462.17             3rd      Practicing naturopathy without a

30                              license.

31

                                  34

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  1  463.015(1)         3rd      Practicing optometry without a

  2                              license.

  3  464.016(1)         3rd      Practicing nursing without a

  4                              license.

  5  465.015(2)         3rd      Practicing pharmacy without a

  6                              license.

  7  466.026(1)         3rd      Practicing dentistry or dental

  8                              hygiene without a license.

  9  467.201            3rd      Practicing midwifery without a

10                              license.

11  468.366            3rd      Delivering respiratory care

12                              services without a license.

13  483.828(1)         3rd      Practicing as clinical laboratory

14                              personnel without a license.

15  483.901(9)         3rd      Practicing medical physics

16                              without a license.

17  484.053            3rd      Dispensing hearing aids without a

18                              license.

19  494.0018(2)        1st      Conviction of any violation of

20                              ss. 494.001-494.0077 in which the

21                              total money and property

22                              unlawfully obtained exceeded

23                              $50,000 and there were five or

24                              more victims.

25  560.123(8)(b)1.    3rd      Failure to report currency or

26                              payment instruments exceeding

27                              $300 but less than $20,000 by

28                              money transmitter.

29

30

31

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  1  560.125(5)(a)      3rd      Money transmitter business by

  2                              unauthorized person, currency or

  3                              payment instruments exceeding

  4                              $300 but less than $20,000.

  5  655.50(10)(b)1.    3rd      Failure to report financial

  6                              transactions exceeding $300 but

  7                              less than $20,000 by financial

  8                              institution.

  9  782.051(3)         2nd      Attempted felony murder of a

10                              person by a person other than the

11                              perpetrator or the perpetrator of

12                              an attempted felony.

13  782.07(1)          2nd      Killing of a human being by the

14                              act, procurement, or culpable

15                              negligence of another

16                              (manslaughter).

17  782.071            2nd      Killing of human being or viable

18                              fetus by the operation of a motor

19                              vehicle in a reckless manner

20                              (vehicular homicide).

21  782.072            2nd      Killing of a human being by the

22                              operation of a vessel in a

23                              reckless manner (vessel

24                              homicide).

25  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

26                              causing great bodily harm or

27                              disfigurement.

28  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

29                              weapon.

30  784.045(1)(b)      2nd      Aggravated battery; perpetrator

31                              aware victim pregnant.

                                  36

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  1  784.048(4)         3rd      Aggravated stalking; violation of

  2                              injunction or court order.

  3  784.07(2)(d)       1st      Aggravated battery on law

  4                              enforcement officer.

  5  784.08(2)(a)       1st      Aggravated battery on a person 65

  6                              years of age or older.

  7  784.081(1)         1st      Aggravated battery on specified

  8                              official or employee.

  9  784.082(1)         1st      Aggravated battery by detained

10                              person on visitor or other

11                              detainee.

12  784.083(1)         1st      Aggravated battery on code

13                              inspector.

14  790.07(4)          1st      Specified weapons violation

15                              subsequent to previous conviction

16                              of s. 790.07(1) or (2).

17  790.16(1)          1st      Discharge of a machine gun under

18                              specified circumstances.

19  790.166(3)         2nd      Possessing, selling, using, or

20                              attempting to use a hoax weapon

21                              of mass destruction.

22  796.03             2nd      Procuring any person under 16

23                              years for prostitution.

24  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

25                              victim less than 12 years of age;

26                              offender less than 18 years.

27  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

28                              victim 12 years of age or older

29                              but less than 16 years; offender

30                              18 years or older.

31

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  1  806.01(2)          2nd      Maliciously damage structure by

  2                              fire or explosive.

  3  810.02(3)(a)       2nd      Burglary of occupied dwelling;

  4                              unarmed; no assault or battery.

  5  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

  6                              unarmed; no assault or battery.

  7  810.02(3)(d)       2nd      Burglary of occupied conveyance;

  8                              unarmed; no assault or battery.

  9  812.014(2)(a)      1st      Property stolen, valued at

10                              $100,000 or more; property stolen

11                              while causing other property

12                              damage; 1st degree grand theft.

13  812.019(2)         1st      Stolen property; initiates,

14                              organizes, plans, etc., the theft

15                              of property and traffics in

16                              stolen property.

17  812.131(2)(a)      2nd      Robbery by sudden snatching.

18  812.133(2)(b)      1st      Carjacking; no firearm, deadly

19                              weapon, or other weapon.

20  825.102(3)(b)      2nd      Neglecting an elderly person or

21                              disabled adult causing great

22                              bodily harm, disability, or

23                              disfigurement.

24  825.1025(2)        2nd      Lewd or lascivious battery upon

25                              an elderly person or disabled

26                              adult.

27  825.103(2)(b)      2nd      Exploiting an elderly person or

28                              disabled adult and property is

29                              valued at $20,000 or more, but

30                              less than $100,000.

31

                                  38

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  1  827.03(3)(b)       2nd      Neglect of a child causing great

  2                              bodily harm, disability, or

  3                              disfigurement.

  4  827.04(3)          3rd      Impregnation of a child under 16

  5                              years of age by person 21 years

  6                              of age or older.

  7  837.05(2)          3rd      Giving false information about

  8                              alleged capital felony to a law

  9                              enforcement officer.

10  872.06             2nd      Abuse of a dead human body.

11  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

12                              cocaine (or other drug prohibited

13                              under s. 893.03(1)(a), (1)(b),

14                              (1)(d), (2)(a), (2)(b), or

15                              (2)(c)4.) within 1,000 feet of a

16                              child care facility or school.

17  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

18                              cocaine or other drug prohibited

19                              under s. 893.03(1)(a), (1)(b),

20                              (1)(d), (2)(a), (2)(b), or

21                              (2)(c)4., within 1,000 feet of

22                              property used for religious

23                              services or a specified business

24                              site.

25  893.13(4)(a)       1st      Deliver to minor cocaine (or

26                              other s. 893.03(1)(a), (1)(b),

27                              (1)(d), (2)(a), (2)(b), or

28                              (2)(c)4. drugs).

29  893.135(1)(a)1.    1st      Trafficking in cannabis, more

30                              than 25 50 lbs., less than 2,000

31                              lbs.

                                  39

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  1  893.135

  2   (1)(b)1.a.        1st      Trafficking in cocaine, more than

  3                              28 grams, less than 200 grams.

  4  893.135

  5   (1)(c)1.a.        1st      Trafficking in illegal drugs,

  6                              more than 4 grams, less than 14

  7                              grams.

  8  893.135

  9   (1)(d)1.          1st      Trafficking in phencyclidine,

10                              more than 28 grams, less than 200

11                              grams.

12  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

13                              than 200 grams, less than 5

14                              kilograms.

15  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

16                              than 14 grams, less than 28

17                              grams.

18  893.135

19   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

20                              grams or more, less than 14

21                              grams.

22  893.135

23   (1)(h)1.a.        1st      Trafficking in

24                              gamma-hydroxybutyric acid (GHB),

25                              1 kilogram or more, less than 5

26                              kilograms.

27  893.135

28   (1)(i)1.a.        1st      Trafficking in 1,4-Butanediol, 1

29                              kilogram or more, less then 5

30                              kilograms.

31

                                  40

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  1  893.135

  2   (1)(j)2.a.        1st      Trafficking in Phenethylamines,

  3                              10 grams or more, less than 200

  4                              grams.

  5  896.101(5)(a)      3rd      Money laundering, financial

  6                              transactions exceeding $300 but

  7                              less than $20,000.

  8  896.104(4)(a)1.    3rd      Structuring transactions to evade

  9                              reporting or registration

10                              requirements, financial

11                              transactions exceeding $300 but

12                              less than $20,000.

13

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

15         facilitate correct interpretation. The poundage

16         was decreased to 25 pounds by s. 9, ch. 99-188,

17         Laws of Florida.

18

19         Section 31.  Subsection (3) of section 943.08, Florida

20  Statutes, is amended to read:

21         943.08  Duties; Criminal and Juvenile Justice

22  Information Systems Council.--

23         (3)  The council shall develop and approve a strategic

24  plan pursuant to the requirements set forth in s. 186.022

25  186.022(9). Copies of the approved plan shall be transmitted,

26  electronically or in writing, to the Executive Office of the

27  Governor, the Speaker of the House of Representatives, the

28  President of the Senate, and the council members.

29

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

31         deletion of subunits from s. 186.022 by s. 43,

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  1         ch. 2000-371, Laws of Florida; the remaining

  2         language is similar to former subsection (9).

  3

  4         Section 32.  Paragraph (c) of subsection (1) of section

  5  943.11, Florida Statutes, is amended to read:

  6         943.11  Criminal Justice Standards and Training

  7  Commission; membership; meetings; compensation.--

  8         (1)

  9         (c)  Members appointed by the Governor shall be

10  appointed for terms of 4 years, and no member shall serve

11  beyond the time he or she ceases to hold the office or

12  employment by reason of which the member was eligible for

13  appointment to the commission. Any member appointed to fill a

14  vacancy occurring because of death, resignation, or

15  ineligibility for membership shall serve only for the

16  unexpired term of his or her predecessor. Members who have

17  been duly appointed as of the effective date of this act shall

18  complete their terms of office.

19

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

21         that has served its purpose. Pursuant to s. 33,

22         ch. 84-258, Laws of Florida, the referenced act

23         was effective October 1, 1984, and the text

24         indicates commission terms are for 4 years.

25

26         Section 33.  Subsection (3) of section 943.125, Florida

27  Statutes, is amended to read:

28         943.125  Law enforcement agency accreditation.--

29         (3)  ARREST AND SECURITY PROTOCOLS REPORT.--No later

30  than October 1, 1996, the Florida Sheriffs Association and the

31  Florida Police Chiefs Association, either jointly or

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  1  separately, and in consultation with the Association of

  2  Voluntary Hospitals of Florida, Inc. and the Statutory

  3  Teaching Hospital Council, shall develop protocols

  4  establishing when injured apprehendees will be placed under

  5  arrest and how security will be provided during any

  6  hospitalization of such apprehendees, and shall report to the

  7  Legislature by January 1, 1997, on the protocols that have

  8  been established. The report developed pursuant to this

  9  section shall also address the cost to hospitals of providing

10  unreimbursed medical services to persons who are injured in

11  the course of or at the time of apprehension.

12

13         Reviser's note.--Amends a provision to delete

14         language that has served its purpose. Protocols

15         relating to the arrest of injured apprehendees

16         and provision of security during

17         hospitalization were developed by October 1,

18         1996, and reported to the Legislature on

19         December 31, 1996.

20

21         Section 34.  Paragraph (d) of subsection (2) of section

22  960.065, Florida Statutes, is amended to read:

23         960.065  Eligibility for awards.--

24         (2)  Any claim filed by or on behalf of a person who:

25         (d)  Has been adjudicated as a habitual felony

26  offender, habitual violent offender, or violent career

27  criminal under s. 775.084 785.084; or

28

29  shall not be eligible for an award.

30

31

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

  2         facilitate correct interpretation. Section

  3         785.084 does not exist. Section 775.084 relates

  4         to violent career criminals.

  5

  6         Section 35.  Subsection (1) of section 984.03, Florida

  7  Statutes, is amended to read:

  8         984.03  Definitions.--When used in this chapter, the

  9  term:

10         (1)  "Abandoned" means a situation in which the parent

11  or legal custodian of a child or, in the absence of a parent

12  or legal custodian, the person responsible for the child's

13  welfare, while being able, makes no provision for the child's

14  support and makes no effort to communicate with the child,

15  which situation is sufficient to evince a willful rejection of

16  parental obligations. If the efforts of such parent or legal

17  custodian, or person primarily responsible for the child's

18  welfare to support and communicate with the child are, in the

19  opinion of the court, only marginal efforts that do not evince

20  a settled purpose to assume all parental duties, the court may

21  declare the child to be abandoned. The term "abandoned" does

22  not include a "child in need of services" as defined in

23  subsection (9) or a "family in need of services" as defined in

24  subsection (25) (27). The incarceration of a parent, legal

25  custodian, or person responsible for a child's welfare does

26  not constitute a bar to a finding of abandonment.

27

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

29         redesignation of subsection (27) as subsection

30         (25) by s. 13, ch. 2000-135, Laws of Florida.

31

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  1         Section 36.  Paragraph (b) of subsection (3) of section

  2  985.201, Florida Statutes, is amended to read:

  3         985.201  Jurisdiction.--

  4         (3)

  5         (b)  The jurisdiction to be exercised by the court when

  6  a child is taken into custody before the filing of a petition

  7  under s. 985.219(8) 985.219(7) shall be exercised by the

  8  circuit court for the county in which the child is taken into

  9  custody, which court shall have personal jurisdiction of the

10  child and the child's parent or legal guardian. Upon the

11  filing of a petition in the appropriate circuit court, the

12  court that is exercising initial jurisdiction of the person of

13  the child shall, if the child has been detained, immediately

14  order the child to be transferred to the detention center or

15  facility or other placement as ordered by the court having

16  subject matter jurisdiction of the case.

17

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

19         redesignation of s. 985.219(7) as s. 985.219(8)

20         by s. 11, ch. 2000-134, Laws of Florida.

21

22         Section 37.  Subsection (2) of section 985.215, Florida

23  Statutes, is amended to read:

24         985.215  Detention.--

25         (2)  Subject to the provisions of subsection (1), a

26  child taken into custody and placed into nonsecure or home

27  detention care or detained in secure detention care prior to a

28  detention hearing may continue to be detained by the court if:

29         (a)  The child is alleged to be an escapee or an

30  absconder from a commitment program, a probation program,

31  furlough, or conditional release supervision, or is alleged to

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  1  have escaped while being lawfully transported to or from such

  2  program or supervision.

  3         (b)  The child is wanted in another jurisdiction for an

  4  offense which, if committed by an adult, would be a felony.

  5         (c)  The child is charged with a delinquent act or

  6  violation of law and requests in writing through legal counsel

  7  to be detained for protection from an imminent physical threat

  8  to his or her personal safety.

  9         (d)  The child is charged with committing an offense of

10  domestic violence as defined in s. 741.28(1) and is detained

11  as provided in s. 985.213(2)(b)3.

12         (e)  The child is charged with possession or

13  discharging a firearm on school property in violation of s.

14  790.115.

15         (f)  The child is charged with a capital felony, a life

16  felony, a felony of the first degree, a felony of the second

17  degree that does not involve a violation of chapter 893, or a

18  felony of the third degree that is also a crime of violence,

19  including any such offense involving the use or possession of

20  a firearm.

21         (g)  The child is charged with any second degree or

22  third degree felony involving a violation of chapter 893 or

23  any third degree felony that is not also a crime of violence,

24  and the child:

25         1.  Has a record of failure to appear at court hearings

26  after being properly notified in accordance with the Rules of

27  Juvenile Procedure;

28         2.  Has a record of law violations prior to court

29  hearings;

30         3.  Has already been detained or has been released and

31  is awaiting final disposition of the case;

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  1         4.  Has a record of violent conduct resulting in

  2  physical injury to others; or

  3         5.  Is found to have been in possession of a firearm.

  4         (h)  The child is alleged to have violated the

  5  conditions of the child's probation or conditional release

  6  supervision. However, a child detained under this paragraph

  7  may be held only in a consequence unit as provided in s.

  8  985.231(1)(a)1.c. If a consequence unit is not available, the

  9  child shall be placed on home detention with electronic

10  monitoring.

11         (i)  The child is detained on a judicial order for

12  failure to appear and has previously willfully failed to

13  appear, after proper notice, for an adjudicatory hearing on

14  the same case regardless of the results of the risk assessment

15  instrument. A child may be held in secure detention for up to

16  72 hours in advance of the next scheduled court hearing

17  pursuant to this paragraph. The child's failure to keep the

18  clerk of court and defense counsel informed of a current and

19  valid mailing address where the child will receive notice to

20  appear at court proceedings does not provide an adequate

21  ground for excusal of the child's nonappearance at the

22  hearings.

23         (j)  The child is detained on a judicial order for

24  failure to appear and has previously willfully failed to

25  appear, after proper notice, at two or more court hearings of

26  any nature on the same case regardless of the results of the

27  risk assessment instrument. A child may be held in secure

28  detention for up to 72 hours in advance of the next scheduled

29  court hearing pursuant to this paragraph. The child's failure

30  to keep the clerk of court and defense counsel informed of a

31  current and valid mailing address where the child will receive

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  1  notice to appear at court proceedings does not provide an

  2  adequate ground for excusal of the child's nonappearance at

  3  the hearings.

  4

  5  A child who meets any of these criteria and who is ordered to

  6  be detained pursuant to this subsection shall be given a

  7  hearing within 24 hours after being taken into custody. The

  8  purpose of the detention hearing is to determine the existence

  9  of probable cause that the child has committed the delinquent

10  act or violation of law with which he or she is charged and

11  the need for continued detention. Unless a child is detained

12  under paragraph (d) or paragraph (e), the court shall utilize

13  the results of the risk assessment performed by the juvenile

14  probation officer and, based on the criteria in this

15  subsection, shall determine the need for continued detention.

16  A child placed into secure, nonsecure, or home detention care

17  may continue to be so detained by the court pursuant to this

18  subsection. If the court orders a placement more restrictive

19  than indicated by the results of the risk assessment

20  instrument, the court shall state, in writing, clear and

21  convincing reasons for such placement. Except as provided in

22  s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),

23  paragraph (10)(c), or paragraph (10)(d), when a child is

24  placed into secure or nonsecure detention care, or into a

25  respite home or other placement pursuant to a court order

26  following a hearing, the court order must include specific

27  instructions that direct the release of the child from such

28  placement no later than 5 p.m. on the last day of the

29  detention period specified in paragraph (5)(b) or paragraph

30  (5)(c), or subparagraph (10)(a)1., whichever is applicable,

31  unless the requirements of such applicable provision have been

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  1  met or an order of continuance has been granted pursuant to

  2  paragraph (5)(f) (5)(d).

  3

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

  5         redesignation of paragraph (5)(d) as paragraph

  6         (5)(f) by the reviser incident to the

  7         compilation of the Florida Statutes 2000.

  8

  9         Section 38.  Subsection (1) of section 985.225, Florida

10  Statutes, is amended to read:

11         985.225  Indictment of a juvenile.--

12         (1)  A child of any age who is charged with a violation

13  of state law punishable by death or by life imprisonment is

14  subject to the jurisdiction of the court as set forth in s.

15  985.219(8) 985.219(7) unless and until an indictment on the

16  charge is returned by the grand jury. When such indictment is

17  returned, the petition for delinquency, if any, must be

18  dismissed and the child must be tried and handled in every

19  respect as an adult:

20         (a)  On the offense punishable by death or by life

21  imprisonment; and

22         (b)  On all other felonies or misdemeanors charged in

23  the indictment which are based on the same act or transaction

24  as the offense punishable by death or by life imprisonment or

25  on one or more acts or transactions connected with the offense

26  punishable by death or by life imprisonment.

27

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

29         redesignation of s. 985.219(7) as s. 985.219(8)

30         by s. 11, ch. 2000-134, Laws of Florida.

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  1         Section 39.  Subsection (1) of section 985.228, Florida

  2  Statutes, is amended to read:

  3         985.228  Adjudicatory hearings; withheld adjudications;

  4  orders of adjudication.--

  5         (1)  The adjudicatory hearing must be held as soon as

  6  practicable after the petition alleging that a child has

  7  committed a delinquent act or violation of law is filed and in

  8  accordance with the Florida Rules of Juvenile Procedure; but

  9  reasonable delay for the purpose of investigation, discovery,

10  or procuring counsel or witnesses shall be granted. If the

11  child is being detained, the time limitations provided for in

12  s. 985.215(5)(c) and (d) 985.215(5)(b) and (c) apply.

13

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

15         redesignation of s. 985.215(5)(b) and (c) as s.

16         985.215(5)(c) and (d) by s. 9, ch. 2000-134,

17         Laws of Florida.

18

19         Section 40.  Section 985.23, Florida Statutes, is

20  reenacted to read:

21         985.23  Disposition hearings in delinquency

22  cases.--When a child has been found to have committed a

23  delinquent act, the following procedures shall be applicable

24  to the disposition of the case:

25         (1)  Before the court determines and announces the

26  disposition to be imposed, it shall:

27         (a)  State clearly, using common terminology, the

28  purpose of the hearing and the right of persons present as

29  parties to comment at the appropriate time on the issues

30  before the court;

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  1         (b)  Discuss with the child his or her compliance with

  2  any home release plan or other plan imposed since the date of

  3  the offense;

  4         (c)  Discuss with the child his or her feelings about

  5  the offense committed, the harm caused to the victim or

  6  others, and what penalty he or she should be required to pay

  7  for such transgression; and

  8         (d)  Give all parties present at the hearing an

  9  opportunity to comment on the issue of disposition and any

10  proposed rehabilitative plan. Parties to the case shall

11  include the parents, legal custodians, or guardians of the

12  child; the child's counsel; the state attorney;

13  representatives of the department; the victim if any, or his

14  or her representative; representatives of the school system;

15  and the law enforcement officers involved in the case.

16         (2)  The first determination to be made by the court is

17  a determination of the suitability or nonsuitability for

18  adjudication and commitment of the child to the department.

19  This determination shall include consideration of the

20  recommendations of the department, which may include a

21  predisposition report. The predisposition report shall

22  include, whether as part of the child's multidisciplinary

23  assessment, classification, and placement process components

24  or separately, evaluation of the following criteria:

25         (a)  The seriousness of the offense to the community.

26  If the court determines that the child was a member of a

27  criminal street gang at the time of the commission of the

28  offense, which determination shall be made pursuant to chapter

29  874, the seriousness of the offense to the community shall be

30  given great weight.

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  1         (b)  Whether the protection of the community requires

  2  adjudication and commitment to the department.

  3         (c)  Whether the offense was committed in an

  4  aggressive, violent, premeditated, or willful manner.

  5         (d)  Whether the offense was against persons or against

  6  property, greater weight being given to offenses against

  7  persons, especially if personal injury resulted.

  8         (e)  The sophistication and maturity of the child.

  9         (f)  The record and previous criminal history of the

10  child, including without limitations:

11         1.  Previous contacts with the department, the former

12  Department of Health and Rehabilitative Services, the

13  Department of Children and Family Services, the Department of

14  Corrections, other law enforcement agencies, and courts;

15         2.  Prior periods of probation;

16         3.  Prior adjudications of delinquency; and

17         4.  Prior commitments to institutions.

18         (g)  The prospects for adequate protection of the

19  public and the likelihood of reasonable rehabilitation of the

20  child if committed to a community services program or

21  facility.

22         (h)  The child's educational status, including, but not

23  limited to, the child's strengths, abilities, and unmet and

24  special educational needs. The report shall identify

25  appropriate educational and vocational goals for the child.

26  Examples of appropriate goals include:

27         1.  Attainment of a high school diploma or its

28  equivalent.

29         2.  Successful completion of literacy course(s).

30         3.  Successful completion of vocational course(s).

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  1         4.  Successful attendance and completion of the child's

  2  current grade if enrolled in school.

  3         5.  Enrollment in an apprenticeship or a similar

  4  program.

  5

  6  At the time of disposition, the court may make recommendations

  7  to the department as to specific treatment approaches to be

  8  employed.

  9         (3)(a)  If the court determines that the child should

10  be adjudicated as having committed a delinquent act and should

11  be committed to the department, such determination shall be in

12  writing or on the record of the hearing.  The determination

13  shall include a specific finding of the reasons for the

14  decision to adjudicate and to commit the child to the

15  department, including any determination that the child was a

16  member of a criminal street gang.

17         (b)  If the court determines that commitment to the

18  department is appropriate, the juvenile probation officer

19  shall recommend to the court the most appropriate placement

20  and treatment plan, specifically identifying the

21  restrictiveness level most appropriate for the child.  If the

22  court has determined that the child was a member of a criminal

23  street gang, that determination shall be given great weight in

24  identifying the most appropriate restrictiveness level for the

25  child.  The court shall consider the department's

26  recommendation in making its commitment decision.

27         (c)  The court shall commit the child to the department

28  at the restrictiveness level identified or may order placement

29  at a different restrictiveness level.  The court shall state

30  for the record the reasons which establish by a preponderance

31  of the evidence why the court is disregarding the assessment

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  1  of the child and the restrictiveness level recommended by the

  2  department.  Any party may appeal the court's findings

  3  resulting in a modified level of restrictiveness pursuant to

  4  this paragraph.

  5         (d)  The court may also require that the child be

  6  placed in a probation program following the child's discharge

  7  from commitment. Community-based sanctions pursuant to

  8  subsection (4) may be imposed by the court at the disposition

  9  hearing or at any time prior to the child's release from

10  commitment.

11         (e)  The court shall be responsible for the

12  fingerprinting of any child at the disposition hearing if the

13  child has been adjudicated or had adjudication withheld for

14  any felony in the case currently before the court.

15         (4)  If the court determines not to adjudicate and

16  commit to the department, then the court shall determine what

17  community-based sanctions it will impose in a probation

18  program for the child.  Community-based sanctions may include,

19  but are not limited to, participation in substance abuse

20  treatment, a day-treatment probation program, restitution in

21  money or in kind, a curfew, revocation or suspension of the

22  driver's license of the child, community service, and

23  appropriate educational programs as determined by the district

24  school board.

25         (5)  After appropriate sanctions for the offense are

26  determined, the court shall develop, approve, and order a plan

27  of probation which will contain rules, requirements,

28  conditions, and rehabilitative programs, including the option

29  of a day-treatment probation program, which are designed to

30  encourage responsible and acceptable behavior and to promote

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  1  both the rehabilitation of the child and the protection of the

  2  community.

  3         (6)  The court may receive and consider any other

  4  relevant and material evidence, including other written or

  5  oral reports or statements, in its effort to determine the

  6  appropriate disposition to be made with regard to the child.

  7  The court may rely upon such evidence to the extent of its

  8  probative value, even though such evidence may not be

  9  technically competent in an adjudicatory hearing.

10         (7)  The court shall notify any victim of the offense,

11  if such person is known and within the jurisdiction of the

12  court, of the hearing and shall notify and summon or subpoena,

13  if necessary, the parents, legal custodians, or guardians of

14  the child to attend the disposition hearing if they reside in

15  the state.

16

17  It is the intent of the Legislature that the criteria set

18  forth in subsection (2) are general guidelines to be followed

19  at the discretion of the court and not mandatory requirements

20  of procedure.  It is not the intent of the Legislature to

21  provide for the appeal of the disposition made pursuant to

22  this section.

23

24         Reviser's note.--Section 30, ch. 2000-135, Laws

25         of Florida, purported to amend portions of s.

26         985.23, but failed to republish the flush left

27         language at the end of the section. In the

28         absence of affirmative evidence that the

29         Legislature intended to repeal the flush left

30         language, s. 985.23 is reenacted to confirm

31         that the omission was not intended.

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  1         Section 41.  Section 985.3141, Florida Statutes, is

  2  reenacted to read:

  3         985.3141  Escapes from secure detention or residential

  4  commitment facility.--An escape from:

  5         (1)  Any secure detention facility maintained for the

  6  temporary detention of children, pending adjudication,

  7  disposition, or placement;

  8         (2)  Any residential commitment facility described in

  9  s. 985.03(45), maintained for the custody, treatment,

10  punishment, or rehabilitation of children found to have

11  committed delinquent acts or violations of law; or

12         (3)  Lawful transportation to or from any such secure

13  detention facility or residential commitment facility,

14

15  constitutes escape within the intent and meaning of s. 944.40

16  and is a felony of the third degree, punishable as provided in

17  s. 775.082, s. 775.083, or s. 775.084.

18

19         Reviser's note.--Section 41, ch. 2000-135, Laws

20         of Florida, purported to amend subsection (2),

21         but failed to republish the flush left language

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

23         affirmative evidence that the Legislature

24         intended to repeal the flush left language, s.

25         985.3141 is reenacted to confirm that the

26         omission was not intended.

27

28

29

30

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