Senate Bill sb0692
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 692
By Senator Pruitt
27-319A-02
1 A bill to be entitled
2 An act relating to fee equity measures;
3 creating s. 216.1718, F.S.; providing a process
4 for annually establishing service or regulatory
5 fees by state agencies; requiring state
6 agencies to examine whether specified services
7 and regulatory oversight should be provided by
8 the state or the private sector; requiring the
9 Legislative Budget Commission to annually
10 review the fees for services and regulatory
11 oversight; amending ss. 11.045, 17.076,
12 24.1153, 25.383, 28.101, 39.407, 44.106, 61.21,
13 110.1228, 112.0455, 112.3215, 113.01, 117.01,
14 117.05, 117.103, 118.10, 118.12, 119.07,
15 159.811, 161.0535, 161.56, 186.801, 189.427,
16 195.002, 206.02, 206.9865, 206.9931, 206.9943,
17 210.15, 210.151, 210.40, 210.405, 212.05,
18 212.18, 215.555, 215.65, 215.655, 218.411,
19 231.263, 231.30, 240.3335, 240.4075, 240.633,
20 245.13, 246.093, 246.219, 252.85, 252.939,
21 253.03, 253.12, 253.86, 257.34, 257.35,
22 258.014, 258.501, 260.016, 267.074, 272.161,
23 287.042, 287.1345, 287.16, 288.774, 288.778,
24 288.8155, 310.121, 310.151, 314.08, 316.29545,
25 316.550, 316.610, 318.1451, 319.32, 319.323,
26 320.023, 320.03, 320.06, 320.0609, 320.0657,
27 320.08, 320.08048, 320.13, 320.27, 320.62,
28 320.77, 320.771, 320.781, 320.8225, 320.8249,
29 320.8255, 320.8285, 321.25, 322.051, 322.081,
30 322.12, 322.135, 322.17, 322.29, 322.292,
31 324.071, 325.223, 326.004, 328.73, 330.30,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 692
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1 334.30, 335.183, 339.0805, 341.325, 341.329,
2 341.369, 350.113, 364.335, 367.122, 367.145,
3 368.109, 370.03, 372.60, 373.088, 373.309,
4 373.329, 376.303, 376.30713, 376.3072,
5 376.30781, 376.323, 376.60, 377.24, 377.2408,
6 377.2425, 377.705, 381.004, 381.0066, 381.0062,
7 381.0064, 381.0072, 381.0075, 381.0084,
8 381.0086, 381.0098, 381.0101, 381.0202,
9 381.6024, 381.88, 381.89, 382.0255, 383.14,
10 383.305, 383.324, 390.014, 393.17, 394.877,
11 395.004, 395.0161, 395.0163, 395.0199,
12 395.10974, 397.407, 399.01, 399.061, 399.07,
13 400.062, 400.232, 400.407, 400.4178, 400.419,
14 400.452, 400.453, 400.471, 400.506, 400.509,
15 400.554, 400.555, 400.605, 400.606, 400.619,
16 400.6211, 400.801, 400.805, 400.905, 400.931,
17 400.967, 400.980, 401.2715, 401.321, 401.34,
18 401.45, 402.315, 402.33, 403.0625, 403.087,
19 403.0872, 403.0876, 403.311, 403.4154, 403.518,
20 403.5365, 403.7046, 403.717, 403.7186, 403.722,
21 403.754, 403.7842, 403.861, 403.8365, 403.871,
22 403.9329, 408.033, 408.038, 403.9421, 404.056,
23 404.131, 404.22, 408.038, 408.05, 440.05,
24 440.134, 440.491, 440.52, 445.008, 447.04,
25 450.30, 450.31, 455.203, 455.213, 455.2179,
26 455.218, 455.219, 455.2281, 456.004, 456.013,
27 456.015, 456.017, 456.022, 456.036, 456.0375,
28 456.065, 457.105, 457.107, 457.108, 458.311,
29 458.3124, 458.313, 458.3135, 458.314, 458.3145,
30 458.315, 458.316, 458.317, 458.319, 458.345,
31 458.347, 459.0077, 459.009, 459.0092, 459.021,
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 692
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1 459.022, 460.406, 460.407, 460.4165, 460.4166,
2 461.006, 461.007, 461.008, 462.023, 462.08,
3 462.16, 462.19, 463.0057, 463.006, 463.007,
4 463.008, 464.008, 464.009, 464.012, 464.019,
5 465.007, 465.0075, 465.008, 465.012, 465.0125,
6 465.0126, 465.022, 465.0276, 466.006, 466.008,
7 466.013, 466.017, 466.032, 467.0125, 467.0135,
8 468.1145, 468.1695, 468.1705, 468.1715,
9 468.1735, 468.221, 468.303, 468.304, 468.305,
10 468.306, 468.3065, 468.309, 468.3095, 468.364,
11 468.3852, 468.393, 468.403, 468.404, 468.435,
12 468.453, 468.508, 468.524, 468.526, 468.530,
13 468.627, 468.709, 468.803, 468.805, 468.806,
14 469.008, 469.014, 470.006, 470.007, 470.0085,
15 470.009, 470.011, 470.012, 470.015, 470.017,
16 470.018, 470.021, 470.024, 470.025, 470.0301,
17 471.011, 472.011, 472.019, 472.023, 473.305,
18 473.313, 473.314, 474.2065, 474.215, 475.125,
19 475.24, 475.6147, 476.155, 476.184, 476.192,
20 477.0212, 477.0213, 477.026, 478.55, 479.04,
21 479.07, 479.106, 479.361, 480.043, 480.044,
22 481.207, 481.229, 481.307, 482.071, 482.111,
23 482.141, 482.151, 482.155, 482.156, 482.2267,
24 483.172, 483.291, 483.807, 483.901, 484.002,
25 484.007, 484.008, 484.009, 484.0447, 486.041,
26 486.061, 486.081, 486.085, 486.103, 486.106,
27 486.107, 486.108, 487.041, 487.045, 487.048,
28 487.071, 488.03, 488.04, 488.045, 488.05,
29 489.109, 489.509, 489.518, 489.5185, 489.557,
30 490.005, 490.0051, 490.007, 490.0085, 491.0045,
31 491.0046, 491.005, 491.007, 491.008, 491.0085,
3
CODING: Words stricken are deletions; words underlined are additions.
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1 491.0145, 492.104, 492.1101, 493.6105,
2 493.6107, 493.6111, 493.6115, 493.6202,
3 493.6302, 493.6304, 493.6402, 493.6406,
4 494.0029, 494.0031, 494.0032, 494.0033,
5 494.0036, 494.0042, 494.0061, 494.0062,
6 494.0064, 494.0065, 494.0066, 495.027, 495.031,
7 495.071, 495.081, 496.405, 496.409, 496.410,
8 497.003, 497.201, 497.205, 497.209, 497.213,
9 497.357, 497.361, 497.407, 497.439, 498.017,
10 499.01, 499.028, 499.04, 499.041, 499.62,
11 500.09, 500.12, 500.459, 501.015, 501.143,
12 501.605, 501.607, 501.913, 502.014, 502.032,
13 503.041, 504.28, 506.08, 509.032, 509.039,
14 509.251, 509.302, 513.045, 514.033, 515.31,
15 515.35, 516.03, 517.081, 517.082, 517.12,
16 517.1201, 520.03, 520.32, 520.52, 520.63,
17 526.51, 527.02, 527.021, 527.0605, 531.415,
18 534.48, 535.05, 537.004, 538.09, 538.25,
19 539.001, 548.025, 548.035, 550.105, 552.091,
20 552.092, 552.093, 553.37, 553.375, 553.381,
21 553.77, 553.995, 554.111, 559.545, 559.555,
22 559.802, 559.805, 559.904, 559.928, 559.9295,
23 560.205, 560.207, 560.208, 560.307, 560.308,
24 560.403, 561.01, 561.14, 561.19, 561.33,
25 561.331, 561.422, 561,68, 563.02, 563.045,
26 564.02, 564.045, 565.02, 565.03, 565.095,
27 569.003, 570.07, 570.382, 570.481, 571.06,
28 571.25, 574.03, 574.12, 576.021, 576.041,
29 576.045, 576.051, 578.08, 578.11, 578.26,
30 580.041, 580.065, 581.031, 581.083, 585.002,
31 585.61, 586.045, 589.011, 590.02, 597.004,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 692
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1 599.004, 601.59, 601.74, 604.19, 607.0122,
2 608.452, 609.02, 609.08, 616.15, 616.242,
3 617.0122, 618.04, 618.05, 620.182, 620.81055,
4 624.501, 626.9912, 626.9913, 626.9916, 627.733,
5 627.849, 633.061, 633.46, 633.524, 633.537,
6 634.071, 634.306, 634.403, 634.404, 634.407,
7 634.408, 634.416, 636.057, 641.29, 641.412,
8 641.49, 642.0301, 648.38, 651.015, 655.045,
9 657.065, 658.20, 658.73, 663.12, 718.501,
10 718.502, 718.608, 719.501, 719.502, 719.608,
11 721.03, 721.07, 721.111, 721.18, 721.27,
12 721.58, 723.007, 723.011, 741.327, 760.29,
13 790.06, 790.065, 791.015, 812.174, 828.055,
14 849.086, 865.10, 943.0582, 943.0585, 943.059,
15 943.1397, 946.525, 948.001, F.S.; conforming
16 those sections to the process for establishing
17 service or regulatory oversight fees; providing
18 an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 216.1817, Florida Statutes, is
23 created to read:
24 216.1817 Approval of agency fees for service;
25 criteria.--
26 (1) It is the intent of the Legislature that all costs
27 of providing a service for which a fee is charged and of
28 regulating professionals shall be borne solely by those
29 receiving the service or regulation. It is also the intent of
30 the Legislature that fees should be reasonable and should take
31 into account differences between types of businesses being
5
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1 regulated. Moreover, it is the intent of the Legislature that
2 state agencies operate as efficiently as possible and
3 regularly report to the Legislature additional methods by
4 which to streamline operational costs. Therefore, by October 1
5 of each year, state agencies shall examine the fees they
6 charge for services and for regulatory oversight. The annual
7 examination shall consider whether state government or the
8 private sector can better serve the public by providing the
9 service or regulatory oversight. If it is determined that the
10 public would be better served by state government providing
11 the service or regulatory oversight, then the fees charged
12 must be:
13 (a) Based on revenue projections prepared using
14 generally accepted governmental accounting procedures or
15 official estimates by the Revenue Estimating Conference, if
16 applicable.
17 (b) Adequate to cover both direct and indirect costs
18 of providing such service or regulatory oversight.
19 (c) Reasonable, and must take into account differences
20 between types of businesses being regulated.
21 (2) If it is determined by the agency that any of the
22 fees charged for services or regulatory oversight are not
23 adequate to cover costs, the agency shall present to the
24 Legislative Budget Commission at its October meeting a
25 proposed schedule of fee changes, except for fee increases
26 that do not exceed the statutory cap. The Legislative Budget
27 Commission may object to all or part of the proposed schedule
28 of fee changes. If the Legislative Budget Commission objects
29 to all or part of the proposed schedule of fees, then the part
30 of the proposal that is objected to shall be reviewed by the
31 Legislature at its next Regular Session. If the Legislative
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1 Budget Commission does not object to the proposed schedule of
2 fees by December 31, then the agency shall, by rule, implement
3 the fee changes.
4 (3) If it is determined by the agency that the public
5 would be better served if the service or regulatory function
6 were provided by the private sector, then the agency shall
7 make a recommendation to the Legislature for privatization.
8 Section 2. Subsection (2) of section 11.045, Florida
9 Statutes, is amended to read:
10 11.045 Lobbyists; registration and reporting;
11 exemptions; penalties.--
12 (2) Each house of the Legislature shall provide by
13 rule, or may provide by a joint rule adopted by both houses,
14 for the registration of lobbyists who lobby the Legislature.
15 The rule shall may provide for the payment of a registration
16 fee pursuant to s. 216.1817. The rule may provide for
17 exemptions from registration or registration fees. The rule
18 shall provide that:
19 (a) Registration is required for each principal
20 represented.
21 (b) Registration shall include a statement signed by
22 the principal or principal's representative that the
23 registrant is authorized to represent the principal.
24 (c) A registrant shall promptly send a written
25 statement to the division canceling the registration for a
26 principal upon termination of the lobbyist's representation of
27 that principal. Notwithstanding this requirement, the division
28 may remove the name of a registrant from the list of
29 registered lobbyists if the principal notifies the office that
30 a person is no longer authorized to represent that principal.
31
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1 (d) Every registrant shall be required to state the
2 extent of any direct business association or partnership with
3 any current member of the Legislature.
4 (e) Each lobbyist and each principal shall preserve
5 for a period of 4 years all accounts, bills, receipts,
6 computer records, books, papers, and other documents and
7 records necessary to substantiate lobbying expenditures. Any
8 documents and records retained pursuant to this section may be
9 inspected under reasonable circumstances by any authorized
10 representative of the Legislature. The right of inspection may
11 be enforced by appropriate writ issued by any court of
12 competent jurisdiction.
13 (f) All registrations shall be open to the public.
14 (g) Any person who is exempt from registration under
15 the rule shall not be considered a lobbyist for any purpose.
16 Section 3. Subsection (7) of section 17.076, Florida
17 Statutes, is amended to read:
18 17.076 Direct deposit of funds.--
19 (7) To cover the department's actual costs for
20 processing the direct deposit of funds other than salary or
21 retirement benefits, the department shall, pursuant to s.
22 216.1817, may charge the beneficiary of the direct deposit a
23 reasonable fee. The department may collect the fee by direct
24 receipt from the beneficiary or by subtracting the amount of
25 the fee from the funds due the beneficiary. Such fees
26 collected by the department shall be deposited into the
27 Department of Banking and Finance Administrative Trust Fund.
28 Section 4. Subsection (15) of section 24.105, Florida
29 Statutes, is amended to read:
30 24.105 Powers and duties of department.--The
31 department shall:
8
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1 (15) Have the authority to charge fees, pursuant to s.
2 216.1817, to persons applying for contracts as vendors or
3 retailers, which fees are reasonably calculated to cover the
4 costs of investigations and other activities related to the
5 processing of the application.
6 Section 5. Subsection (5) of section 24.1153, Florida
7 Statutes, is amended to read:
8 24.1153 Assignment of prizes payable in
9 installments.--
10 (5) Pursuant to s. 216.1817, the department may
11 establish a reasonable fee to defray any administrative
12 expenses associated with assignments made under this section,
13 including the cost to the department of any processing fee
14 that may be imposed by a private annuity provider. The fee
15 amount shall reflect the direct and indirect costs associated
16 with processing such assignments.
17 Section 6. Section 25.383, Florida Statutes, is
18 amended to read:
19 25.383 Standards for court reporters; procedures;
20 rules of professional conduct, discipline, and training;
21 fees.--The Supreme Court shall establish minimum standards and
22 procedures for qualifications, certification, discipline, and
23 training for court reporters. The Supreme Court is authorized
24 to set fees to be charged to applicants for certification and
25 renewal of certification. The revenues generated from such
26 fees shall be used to offset the costs of administration of
27 the certification process pursuant to s. 216.1817. The Supreme
28 Court may appoint or employ such personnel as are necessary to
29 assist the court in exercising its powers and performing its
30 duties under this section.
31
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1 Section 7. Subsection (1) of section 28.101, Florida
2 Statutes, is amended to read:
3 28.101 Petitions and records of dissolution of
4 marriage; additional charges.--
5 (1) When a party petitions for a dissolution of
6 marriage, in addition to the filing charges in s. 28.241, the
7 clerk shall collect and receive:
8 (a) A charge of $5 unless determined otherwise
9 pursuant to s. 216.1817. On a monthly basis, the clerk shall
10 transfer the moneys collected pursuant to this paragraph for
11 deposit in the Child Welfare Training Trust Fund created in s.
12 402.40.
13 (b) A charge of $5 unless determined otherwise
14 pursuant to s. 216.1817. On a monthly basis, the clerk shall
15 transfer the moneys collected pursuant to this paragraph to
16 the State Treasury for deposit in the Displaced Homemaker
17 Trust Fund created in s. 446.50. If a petitioner does not have
18 sufficient funds with which to pay this fee and signs an
19 affidavit so stating, all or a portion of the fee shall be
20 waived subject to a subsequent order of the court relative to
21 the payment of the fee.
22 (c) A charge of $18 unless determined otherwise
23 pursuant to s. 216.1817. On a monthly basis, the clerk shall
24 transfer the moneys collected pursuant to this paragraph to
25 the State Treasury for deposit in the Domestic Violence Trust
26 Fund. Such funds which are generated shall be directed to the
27 Department of Children and Family Services for the specific
28 purpose of funding domestic violence centers.
29 (d) A charge of $32.50 unless determined otherwise
30 pursuant to s. 216.1817. On a monthly basis, the clerk shall
31
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1 transfer the moneys collected pursuant to this paragraph as
2 follows:
3 1. Twenty-three percent An amount of $7.50 to the
4 State Treasury for deposit in the Displaced Homemaker Trust
5 Fund.
6 2. Seventy-seven percent An amount of $25 to the
7 Supreme Court for deposit in the Family Courts Trust Fund.
8 Section 8. Effective March 1, 2002, subsection (1) of
9 section 28.101, Florida Statutes, is amended to read:
10 28.101 Petitions and records of dissolution of
11 marriage; additional charges.--
12 (1) When a party petitions for a dissolution of
13 marriage, in addition to the filing charges in s. 28.241, the
14 clerk shall collect and receive:
15 (a) A charge of $5 unless determined otherwise
16 pursuant to s. 216.1817. On a monthly basis, the clerk shall
17 transfer the moneys collected pursuant to this paragraph to
18 the Department of Revenue for deposit in the Child Welfare
19 Training Trust Fund created in s. 402.40.
20 (b) A charge of $5 unless determined otherwise
21 pursuant to s. 216.1817. On a monthly basis, the clerk shall
22 transfer the moneys collected pursuant to this paragraph to
23 the Department of Revenue for deposit in the Displaced
24 Homemaker Trust Fund created in s. 446.50. If a petitioner
25 does not have sufficient funds with which to pay this fee and
26 signs an affidavit so stating, all or a portion of the fee
27 shall be waived subject to a subsequent order of the court
28 relative to the payment of the fee.
29 (c) A charge of $18 unless determined otherwise
30 pursuant to s. 216.1817. On a monthly basis, the clerk shall
31 transfer the moneys collected pursuant to this paragraph to
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1 the Department of Revenue for deposit in the Domestic Violence
2 Trust Fund. Such funds which are generated shall be directed
3 to the Department of Children and Family Services for the
4 specific purpose of funding domestic violence centers.
5 (d) A charge of $32.50 unless determined otherwise
6 pursuant to s. 216.1817. On a monthly basis, the clerk shall
7 transfer the moneys collected pursuant to this paragraph as
8 follows:
9 1. Twenty-three percent An amount of $7.50 to the
10 Department of Revenue for deposit in the Displaced Homemaker
11 Trust Fund.
12 2. Seventy-seven percent An amount of $25 to the
13 Department of Revenue for deposit in the Family Courts Trust
14 Fund.
15 Section 9. Paragraph (i) of subsection (5) of section
16 39.407, Florida Statutes, is amended to read:
17 39.407 Medical, psychiatric, and psychological
18 examination and treatment of child; physical or mental
19 examination of parent or person requesting custody of child.--
20 (5) Children who are in the legal custody of the
21 department may be placed by the department in a residential
22 treatment center licensed under s. 394.875 or a hospital
23 licensed under chapter 395 for residential mental health
24 treatment only pursuant to this section or may be placed by
25 the court in accordance with an order of involuntary
26 examination or involuntary placement entered pursuant to s.
27 394.463 or s. 394.467. All children placed in a residential
28 treatment program under this subsection must have a guardian
29 ad litem appointed.
30 (i) The department must adopt rules for implementing
31 timeframes for the completion of suitability assessments by
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1 qualified evaluators and a procedure that includes timeframes
2 for completing the 3-month independent review by the qualified
3 evaluators of the child's progress towards achieving the goals
4 and objectives of the treatment plan which review must be
5 submitted to the court. The Agency for Health Care
6 Administration must adopt rules for the registration of
7 qualified evaluators, the procedure for selecting the
8 evaluators to conduct the reviews required under this section,
9 and, pursuant to s. 216.1817, a reasonable, cost-efficient fee
10 schedule for qualified evaluators.
11 Section 10. Section 44.106, Florida Statutes, is
12 amended to read:
13 44.106 Standards and procedures for mediators and
14 arbitrators; fees.--The Supreme Court shall establish minimum
15 standards and procedures for qualifications, certification,
16 professional conduct, discipline, and training for mediators
17 and arbitrators who are appointed pursuant to this chapter.
18 The Supreme Court is authorized to set fees to be charged to
19 applicants for certification and renewal of certification.
20 The revenues generated from these fees shall be used to offset
21 the costs of administration of the certification process
22 pursuant to s. 216.1817. The Supreme Court may appoint or
23 employ such personnel as are necessary to assist the court in
24 exercising its powers and performing its duties under this
25 chapter.
26 Section 11. Subsection (7) of section 61.21, Florida
27 Statutes, is amended to read:
28 61.21 Parenting course authorized; fees; required
29 attendance authorized; contempt.--
30 (7) A reasonable fee shall may be charged to each
31 parent attending the course, pursuant to s. 216.1817.
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1 Section 12. Subsection (2) of section 110.1228,
2 Florida Statutes, is amended to read:
3 110.1228 Participation by small counties, small
4 municipalities, and district school boards located in small
5 counties.--
6 (2) The governing body of a small county or small
7 municipality or a district school board may apply for
8 participation in the state group health insurance program
9 authorized in s. 110.123 and the prescription drug coverage
10 program authorized by s. 110.12315 by submitting an
11 application along with a $500 nonrefundable fee to the
12 department. The fee is $500 unless determined otherwise
13 pursuant to s. 216.1817.
14 Section 13. Subsection (17) of section 112.0455,
15 Florida Statutes, is amended to read:
16 112.0455 Drug-Free Workplace Act.--
17 (17) LICENSE FEE.--Fees from licensure of drug-testing
18 laboratories shall be sufficient to carry out the
19 responsibilities of the Agency for Health Care Administration
20 for the regulation of drug-testing laboratories. The Agency
21 for Health Care Administration shall collect fees for all
22 licenses issued under this part. Each nonrefundable fee shall
23 be due at the time of application and shall be payable to the
24 Agency for Health Care Administration to be deposited in a
25 trust fund administered by the Agency for Health Care
26 Administration and used only for the purposes of this section.
27 The fee schedule is as follows: For licensure as a
28 drug-testing laboratory, an annual fee of not less than $8,000
29 or more than $10,000 per fiscal year unless determined
30 otherwise pursuant to s. 216.1817; for late filing of an
31 application for renewal, an additional fee of $500 per day
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1 shall be charged unless determined otherwise pursuant to s.
2 216.1817.
3 Section 14. Subsection (4) of section 112.3215,
4 Florida Statutes, is amended to read:
5 112.3215 Lobbyists before the executive branch or the
6 Constitution Revision Commission; registration and reporting;
7 investigation by commission.--
8 (4) The annual lobbyist registration fee shall be set
9 by the commission by rule, not to exceed $40 for each
10 principal represented unless determined otherwise pursuant to
11 s. 216.1817.
12 Section 15. Section 113.01, Florida Statutes, is
13 amended to read:
14 113.01 Fee for commissions issued by Governor.--Unless
15 determined otherwise pursuant to s. 216.1817, a fee of $10 is
16 prescribed for the issuance of each commission issued by the
17 Governor of the state and attested by the Secretary of State
18 for an elected officer or a notary public.
19 Section 16. Subsection (2) of section 117.01, Florida
20 Statutes, is amended to read:
21 117.01 Appointment, application, suspension,
22 revocation, application fee, bond, and oath.--
23 (2) The application for appointment shall be signed
24 and sworn to by the applicant and shall be accompanied by a
25 fee of $25, unless determined otherwise pursuant to s.
26 216.1817, together with the $10 commission fee required by s.
27 113.01, and a surcharge of $4, unless determined otherwise
28 pursuant to s. 216.1817, which surcharge $4 is appropriated to
29 the Executive Office of the Governor to be used to educate and
30 assist notaries public. The Executive Office of the Governor
31 may contract with private vendors to provide the services set
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1 forth in this section. However, no commission fee shall be
2 required for the issuance of a commission as a notary public
3 to a veteran who served during a period of wartime service, as
4 defined in s. 1.01(14), and who has been rated by the United
5 States Government or the United States Department of Veterans
6 Affairs or its predecessor to have a disability rating of 50
7 percent or more; such a disability is subject to verification
8 by the Secretary of State, who has authority to adopt
9 reasonable procedures to implement this act. The oath of
10 office and notary bond required by this section shall also
11 accompany the application and shall be in a form prescribed by
12 the Department of State which shall require, but not be
13 limited to, the following information: full name, residence
14 address and telephone number, business address and telephone
15 number, date of birth, race, sex, social security number,
16 citizenship status, driver's license number or the number of
17 other official state-issued identification, affidavit of good
18 character from someone unrelated to the applicant who has
19 known the applicant for 1 year or more, a list of all
20 professional licenses and commissions issued by the state
21 during the previous 10 years and a statement as to whether or
22 not the applicant has had such license or commission revoked
23 or suspended, and a statement as to whether or not the
24 applicant has been convicted of a felony, and, if there has
25 been a conviction, a statement of the nature of the felony and
26 restoration of civil rights. The applicant may not use a
27 fictitious or assumed name other than a nickname on an
28 application for commission. The application shall be
29 maintained by the Department of State for the full term of a
30 notary commission. A notary public shall notify, in writing,
31 the Department of State of any change in his or her business
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1 address, home telephone number, business telephone number,
2 home address, or criminal record within 60 days after such
3 change. The Governor may require any other information he or
4 she deems necessary for determining whether an applicant is
5 eligible for a notary public commission. Each applicant must
6 swear or affirm on the application that the information on the
7 application is true and correct.
8 Section 17. Paragraph (a) of subsection (2) of section
9 117.05, Florida Statutes, is amended to read:
10 117.05 Use of notary commission; unlawful use; notary
11 fee; seal; duties; employer liability; name change;
12 advertising; photocopies; penalties.--
13 (2)(a) The fee of a notary public may not exceed $10
14 for any one notarial act, except as provided in s. 117.045 or
15 unless determined otherwise pursuant to s. 216.1817.
16 Section 18. Section 117.103, Florida Statutes, is
17 amended to read:
18 117.103 Certification of notary's authority by
19 Secretary of State.--A notary public is not required to record
20 his or her notary public commission in an office of a clerk of
21 the circuit court. If certification of the notary public's
22 commission is required, it must be obtained from the Secretary
23 of State. Upon the receipt of a written request and a fee of
24 $10 payable to the Secretary of State, the Secretary of State
25 shall issue a certificate of notarial authority, in a form
26 prescribed by the Secretary of State, which shall include a
27 statement explaining the legal qualifications and authority of
28 a notary public in this state. The fee is $10 unless
29 determined otherwise pursuant to s. 216.1817.
30 Section 19. Subsection (5) of section 118.10, Florida
31 Statutes, is amended to read:
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1 118.10 Civil-law notary.--
2 (5) The Secretary of State may adopt rules
3 prescribing:
4 (a) The form and content of authentic acts, oaths,
5 acknowledgments, solemnizations, and signatures and seals or
6 their legal equivalents;
7 (b) Procedures for the permanent archiving of
8 authentic acts, maintaining records of acknowledgments, oaths
9 and solemnizations, and procedures for the administration of
10 oaths and taking of acknowledgments;
11 (c) The charging of reasonable fees pursuant to s.
12 216.1817 to be retained by the Secretary of State for the
13 purpose of administering this chapter;
14 (d) Educational requirements and procedures for
15 testing applicants' knowledge of all matters relevant to the
16 appointment, authority, duties or legal or ethical
17 responsibilities of a civil-law notary;
18 (e) Procedures for the disciplining of civil-law
19 notaries, including, but not limited to, the suspension and
20 revocation of appointments for failure to comply with the
21 requirements of this chapter or the rules of the Department of
22 State, or for misrepresentation or fraud regarding the
23 civil-law notary's authority, the effect of the civil-law
24 notary's authentic acts, or the identities or acts of the
25 parties to a transaction;
26 (f) Bonding or errors and omissions insurance
27 requirements, or both, for civil-law notaries; and
28 (g) Other matters necessary for administering this
29 section.
30 Section 20. Section 118.12, Florida Statutes, is
31 amended to read:
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1 118.12 Certification of civil-law notary's authority;
2 apostilles.--If certification of a civil-law notary's
3 authority is necessary for a particular document or
4 transaction, it must be obtained from the Secretary of State.
5 Upon the receipt of a written request from a civil-law notary
6 and the fee prescribed by the Secretary of State, the
7 Secretary of State shall issue a certification of the
8 civil-law notary's authority, in a form prescribed by the
9 Secretary of State, which shall include a statement explaining
10 the legal qualifications and authority of a civil-law notary
11 in this state. The fee prescribed for the issuance of the
12 certification under this section or an apostille under s.
13 15.16 may not exceed $10 per document unless determined
14 otherwise pursuant to s. 216.1817. The Department of State may
15 adopt rules to implement this section.
16 Section 21. Paragraph (b) of subsection (1) of section
17 119.07, Florida Statutes, is amended to read:
18 119.07 Inspection, examination, and duplication of
19 records; exemptions.--
20 (1)
21 (b) If the nature or volume of public records
22 requested to be inspected, examined, or copied pursuant to
23 this subsection is such as to require extensive use of
24 information technology resources or extensive clerical or
25 supervisory assistance by personnel of the agency involved, or
26 both, the agency shall may charge, in addition to the actual
27 cost of duplication, a special service charge pursuant to s.
28 216.1817, which shall be reasonable and shall be based on the
29 cost incurred for such extensive use of information technology
30 resources or the labor cost of the personnel providing the
31 service that is actually incurred by the agency or
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1 attributable to the agency for the clerical and supervisory
2 assistance required, or both. "Information technology
3 resources" means data processing hardware and software and
4 services, communications, supplies, personnel, facility
5 resources, maintenance, and training.
6 Section 22. Subsection (1) of section 159.811, Florida
7 Statutes, is amended to read:
8 159.811 Fees; trust fund.--
9 (1) There shall be imposed a nonrefundable fee on each
10 notice of intent to issue a private activity bond filed with
11 the division pursuant to s. 159.805(1). No notice of intent
12 to issue a private activity bond shall be accepted by the
13 division unless and until the fee has been paid. The division
14 shall establish a fee which shall be an amount sufficient to
15 cover all expenses of maintaining the allocation system in
16 this part. In calculating the fee, any unexpended trust fund
17 balance remaining unexpended prior to setting the fee shall be
18 deducted from the amount appropriated. The amount of the fee
19 shall not exceed $500, unless determined otherwise pursuant to
20 s. 216.1817, and may be adjusted no more than once every 6
21 months.
22 Section 23. Section 161.0535, Florida Statutes, is
23 amended to read:
24 161.0535 Permits; fees, costs.--The department shall
25 may establish by rule a fee schedule and shall may assess fees
26 for the filing, processing, and issuance of permits issued
27 under ss. 161.041 and 161.053. The fee schedule must contain
28 categories of permits based on the varying costs of evaluating
29 applications for different types of proposed construction.
30 Pursuant to s. 216.1817, the fee schedule must be based on the
31 actual costs of administering these permitting programs.
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1 Moneys from fees assessed under this section must be deposited
2 into the Florida Permit Fee Trust Fund. The department may
3 also assess the applicant for the costs of public notice by
4 publication prior to the consideration of these permit
5 applications; alternatively, the department may require an
6 applicant to publish, at the applicant's expense, in a
7 newspaper of general circulation within the affected area, a
8 notice of receipt of the application and a notice of the
9 intended agency action.
10 Section 24. Subsection (2) of section 161.56, Florida
11 Statutes, is amended to read:
12 161.56 Establishment of local enforcement.--
13 (2) To assist local governments in the implementation
14 and enforcement of s. 161.55, the state land planning agency
15 shall develop and maintain a biennial coastal building zone
16 construction training program for the local enforcement
17 agencies specified in subsection (1). The state land planning
18 agency shall provide an initial training program not later
19 than April 1, 1987, and on a recurring biennial basis shall
20 provide a continuing education program beginning July 1, 1989.
21 Registration fees, as determined appropriate by the state land
22 planning agency pursuant to s. 216.1817, shall may be charged
23 to defray the cost of the program if general revenue funds are
24 not provided for this purpose.
25 Section 25. Subsection (3) of section 186.801, Florida
26 Statutes, is amended to read:
27 186.801 Ten-year site plans.--
28 (3) In order to enable it to carry out its duties
29 under this section, the commission may, after hearing,
30 establish a study fee which shall not exceed $1,000 for each
31
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1 proposed plan studied unless determined otherwise pursuant to
2 s. 216.1817.
3 Section 26. Section 189.427, Florida Statutes, is
4 amended to read:
5 189.427 Fee schedule; Operating Trust Fund.--The
6 Department of Community Affairs, by rule, shall establish a
7 schedule of fees to pay one-half of the costs incurred by the
8 department in administering this act, except that the fee may
9 not exceed $175 per district per year unless determined
10 otherwise pursuant to s. 216.1817. The fees collected under
11 this section shall be deposited in the Operating Trust Fund,
12 which shall be administered by the Department of Community
13 Affairs. Any fee rule must consider factors such as the
14 dependent and independent status of the district and district
15 revenues for the most recent fiscal year as reported to the
16 Department of Banking and Finance. The department may assess
17 fines of not more than $25, with an aggregate total not to
18 exceed $50, as penalties against special districts that fail
19 to remit required fees to the department. It is the intent of
20 the Legislature that general revenue funds will be made
21 available to the department to pay one-half of the cost of
22 administering this act.
23 Section 27. Subsection (2) of section 195.002, Florida
24 Statutes, is amended to read:
25 195.002 Supervision by Department of Revenue.--
26 (2) In furtherance of its duty to conduct schools to
27 upgrade assessment skills and collection skills, the
28 department may establish by rule committees on admissions and
29 certification. Additionally, the department may incur
30 reasonable expenses for hiring instructors, travel, office
31 operations, certificates of completion, badges or awards, and
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1 food service incidental to conducting such schools and for
2 administering any certification program under s. 145.10 or s.
3 145.11. The department shall may charge a tuition fee and an
4 examination fee to any person who attends such a school and
5 shall may charge a fee to certify or recertify any person
6 under such a program. Fees must be determined pursuant to s.
7 216.1817. The department shall deposit such fees into the
8 Certification Program Trust Fund which is created in the State
9 Treasury. There shall be separate school accounts and program
10 accounts in the trust fund for property appraisers and for tax
11 collectors. The department shall use money in the fund to pay
12 such expenses.
13 Section 28. Subsections (2), (3), and (4) of section
14 206.02, Florida Statutes, are amended to read:
15 206.02 Application for license; temporary license;
16 terminal suppliers, importers, exporters, blenders, and
17 wholesalers.--
18 (2) To procure a terminal supplier license, a person
19 shall file with the department an application under oath, and
20 in such form as the department may prescribe, setting forth:
21 (a) The name under which the person will transact
22 business within the state and that person's registration
23 number under s. 4101 of the Internal Revenue Code.
24 (b) The location, with street number address, of his
25 or her principal office or place of business and the location
26 where records will be made available for inspection.
27 (c) The name and complete residence address of the
28 owner or the names and addresses of the partners, if such
29 person is a partnership, or of the principal officers, if such
30 person is a corporation or association; and, if such person is
31 a corporation organized under the laws of another state,
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1 territory, or country, he or she shall also file with the
2 application a certified copy of the certificate or license
3 issued by the Department of State showing that such
4 corporation is authorized to transact business in the state.
5
6 The application shall require a $30 license tax of $30 unless
7 determined otherwise pursuant to s. 216.1817. Each license
8 shall be renewed annually through application, including an
9 annual $30 license tax of $30, unless determined otherwise
10 pursuant to s. 216.1817.
11 (3) To procure an importer, exporter, or blender of
12 motor fuels license, a person shall file with the department
13 an application under oath, and in such form as the department
14 may prescribe, setting forth:
15 (a) The name under which the person will transact
16 business within the state.
17 (b) The location, with street number address, of his
18 or her principal office or place of business and the location
19 where records will be made available for inspection.
20 (c) The name and complete residence address of the
21 owner or the names and addresses of the partners, if such
22 person is a partnership, or of the principal officers, if such
23 person is a corporation or association; and, if such person is
24 a corporation organized under the laws of another state,
25 territory, or country, he or she shall also file with the
26 application a certified copy of the certificate or license
27 issued by the Department of State showing that such
28 corporation is authorized to transact business in the state.
29
30 The application shall require a $30 license tax of $30 unless
31 determined otherwise pursuant to s. 216.1817. Each license
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1 shall be renewed annually through application, including an
2 annual $30 license tax of $30, unless determined otherwise
3 pursuant to s. 216.1817.
4 (4) To procure a wholesaler of motor fuel license, a
5 person shall file with the department an application under
6 oath and in such form as the department may prescribe, setting
7 forth:
8 (a) The name under which the person will transact
9 business within the state.
10 (b) The location, with street number address, of his
11 or her principal office or place of business within this state
12 and the location where records will be made available for
13 inspection.
14 (c) The name and complete residence address of the
15 owner or the names and addresses of the partners, if such
16 person is a partnership, or of the principal officers, if such
17 person is a corporation or association; and, if such person is
18 a corporation organized under the laws of another state,
19 territory, or country, he or she shall also file with the
20 application a certified copy of the certificate or license
21 issued by the Department of State showing that such
22 corporation is authorized to transact business in the state.
23
24 The application shall require a $30 license tax of $30 unless
25 determined otherwise pursuant to s. 216.1817. Each license
26 shall be renewed annually through application, including an
27 annual $30 license fee of $30, unless determined otherwise
28 pursuant to s. 216.1817.
29 Section 29. Subsection (3) of section 206.9865,
30 Florida Statutes, is amended to read:
31
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1 206.9865 Commercial air carriers; registration;
2 reporting.--
3 (3) The application must be renewed annually and the
4 fee for application or renewal is $30 unless determined
5 otherwise pursuant to s. 216.1817.
6 Section 30. Subsection (1) of section 206.9931,
7 Florida Statutes, is amended to read:
8 206.9931 Administrative provisions.--
9 (1) Any person producing in, importing into, or
10 causing to be imported into this state taxable pollutants for
11 sale, use, or otherwise and who is not registered or licensed
12 pursuant to other parts of this chapter is hereby required to
13 register and become licensed for the purposes of this part.
14 Such person shall register as either a producer or importer of
15 pollutants and shall be subject to all applicable registration
16 and licensing provisions of this chapter, as if fully set out
17 in this part and made expressly applicable to the taxes
18 imposed herein, including, but not limited to, ss. 206.02,
19 206.021, 206.022, 206.025, 206.03, 206.04, and 206.05. For
20 the purposes of this section, registrations required
21 exclusively for this part shall be made within 90 days of July
22 1, 1986, for existing businesses, or prior to the first
23 production or importation of pollutants for businesses created
24 after July 1, 1986. The fee for registration is shall be $30
25 unless determined otherwise pursuant to s. 216.1817. Failure
26 to timely register is a misdemeanor of the first degree,
27 punishable as provided in s. 775.082 or s. 775.083.
28 Section 31. Subsection (3) of section 206.9943,
29 Florida Statutes, is amended to read:
30 206.9943 Pollutant tax license.--
31
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1 (3) The license must be renewed annually, and the fee
2 for original application or renewal is $30 unless determined
3 otherwise pursuant to s. 216.1817.
4 Section 32. Paragraph (a) of subsection (1) of section
5 210.15, Florida Statutes, is amended to read:
6 210.15 Permits.--
7 (1)(a) Every person, firm, or corporation desiring to
8 deal in cigarettes as a distributing agent, wholesale dealer,
9 or exporter within this state shall file an application for a
10 cigarette permit for each place of business with the Division
11 of Alcoholic Beverages and Tobacco. Every application for a
12 cigarette permit shall be made on forms furnished by the
13 division and shall set forth the name under which the
14 applicant transacts or intends to transact business, the
15 location of the applicant's place of business within the
16 state, and such other information as the division may require.
17 If the applicant has or intends to have more than one place of
18 business dealing in cigarettes within this state, the
19 application shall state the location of each place of
20 business. If the applicant is an association, the application
21 shall set forth the names and addresses of the persons
22 constituting the association, and if a corporation, the names
23 and addresses of the principal officers thereof and any other
24 information prescribed by the division for the purpose of
25 identification. The application shall be signed and verified
26 by oath or affirmation by the owner, if a natural person, and
27 in the case of an association or partnership, members or
28 partners thereof, and in the case of a corporation, by an
29 executive officer thereof or by any person specifically
30 authorized by the corporation to sign the application, to
31 which shall be attached the written evidence of this
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1 authority. The cigarette permit for a distributing agent
2 shall be issued annually for which an annual fee of $5 shall
3 be charged. The annual fee is $5 unless determined otherwise
4 pursuant to s. 216.1817.
5 Section 33. Subsection (3) of section 210.151, Florida
6 Statutes, is amended to read:
7 210.151 Initial temporary cigarette permits.--When a
8 person has filed a completed application which does not on its
9 face disclose any reason for denying a cigarette permit under
10 s. 210.15, the Division of Alcoholic Beverages and Tobacco of
11 the Department of Business and Professional Regulation shall
12 issue a temporary initial permit of the same type and series
13 for which the application has been submitted, which is valid
14 for all purposes under this chapter.
15 (3) Each applicant seeking a temporary initial
16 cigarette permit shall pay to the division for such permit a
17 fee of $100 unless determined otherwise pursuant to s.
18 216.1817.
19 Section 34. Section 210.40, Florida Statutes, is
20 amended to read:
21 210.40 License fees; surety bond; application for each
22 place of business.--Each application for a distributor's
23 license shall be accompanied by a fee of $25 unless determined
24 otherwise pursuant to s. 216.1817. The application shall also
25 be accompanied by a corporate surety bond issued by a surety
26 company authorized to do business in this state, conditioned
27 for the payment when due of all taxes, penalties, and accrued
28 interest which may be due the state. The bond shall be in the
29 sum of $1,000 and in a form prescribed by the division.
30 Whenever it is the opinion of the division that the bond given
31 by a licensee is inadequate in amount to fully protect the
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1 state, the division shall require an additional bond in such
2 amount as is deemed sufficient. A separate application for a
3 license shall be made for each place of business at which a
4 distributor proposes to engage in business as a distributor
5 under this part, but an applicant may provide one bond in an
6 amount determined by the division for all applications made by
7 the distributor.
8 Section 35. Subsection (3) of section 210.405, Florida
9 Statutes, is amended to read:
10 210.405 Initial temporary permits for other tobacco
11 products.--When a person has filed a completed application
12 which does not on its face disclose any reason for denying a
13 permit for other tobacco products under s. 210.40, the
14 Division of Alcoholic Beverages and Tobacco of the Department
15 of Business and Professional Regulation shall issue a
16 temporary initial permit of the same type and series for which
17 the application has been submitted, which is valid for all
18 purposes under this chapter.
19 (3) Each applicant seeking a temporary initial permit
20 for other tobacco products shall pay to the division for such
21 permit a fee of $25 unless determined otherwise pursuant to s.
22 216.1817.
23 Section 36. Paragraphs (a) and (i) of subsection (1)
24 of section 212.05, Florida Statutes, are amended to read:
25 212.05 Sales, storage, use tax.--It is hereby declared
26 to be the legislative intent that every person is exercising a
27 taxable privilege who engages in the business of selling
28 tangible personal property at retail in this state, including
29 the business of making mail order sales, or who rents or
30 furnishes any of the things or services taxable under this
31 chapter, or who stores for use or consumption in this state
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1 any item or article of tangible personal property as defined
2 herein and who leases or rents such property within the state.
3 (1) For the exercise of such privilege, a tax is
4 levied on each taxable transaction or incident, which tax is
5 due and payable as follows:
6 (a)1.
7 a. At the rate of 6 percent of the sales price of each
8 item or article of tangible personal property when sold at
9 retail in this state, computed on each taxable sale for the
10 purpose of remitting the amount of tax due the state, and
11 including each and every retail sale.
12 b. Each occasional or isolated sale of an aircraft,
13 boat, mobile home, or motor vehicle of a class or type which
14 is required to be registered, licensed, titled, or documented
15 in this state or by the United States Government shall be
16 subject to tax at the rate provided in this paragraph. The
17 department shall by rule adopt any nationally recognized
18 publication for valuation of used motor vehicles as the
19 reference price list for any used motor vehicle which is
20 required to be licensed pursuant to s. 320.08(1), (2), (3)(a),
21 (b), (c), or (e), or (9). If any party to an occasional or
22 isolated sale of such a vehicle reports to the tax collector a
23 sales price which is less than 80 percent of the average loan
24 price for the specified model and year of such vehicle as
25 listed in the most recent reference price list, the tax levied
26 under this paragraph shall be computed by the department on
27 such average loan price unless the parties to the sale have
28 provided to the tax collector an affidavit signed by each
29 party, or other substantial proof, stating the actual sales
30 price. Any party to such sale who reports a sales price less
31 than the actual sales price is guilty of a misdemeanor of the
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1 first degree, punishable as provided in s. 775.082 or s.
2 775.083. The department shall collect or attempt to collect
3 from such party any delinquent sales taxes. In addition, such
4 party shall pay any tax due and any penalty and interest
5 assessed plus a penalty equal to twice the amount of the
6 additional tax owed. Notwithstanding any other provision of
7 law, the Department of Revenue may waive or compromise any
8 penalty imposed pursuant to this subparagraph.
9 2. This paragraph does not apply to the sale of a boat
10 or airplane by or through a registered dealer under this
11 chapter to a purchaser who, at the time of taking delivery, is
12 a nonresident of this state, does not make his or her
13 permanent place of abode in this state, and is not engaged in
14 carrying on in this state any employment, trade, business, or
15 profession in which the boat will be used in this state, or is
16 a corporation none of the officers or directors of which is a
17 resident of, or makes his or her permanent place of abode in,
18 this state, or is a noncorporate entity that has no individual
19 vested with authority to participate in the management,
20 direction, or control of the entity's affairs who is a
21 resident of, or makes his or her permanent abode in, this
22 state. For purposes of this exemption, either a registered
23 dealer acting on his or her own behalf as seller, a registered
24 dealer acting as broker on behalf of a seller, or a registered
25 dealer acting as broker on behalf of the purchaser may be
26 deemed to be the selling dealer. This exemption shall not be
27 allowed unless:
28 a. The purchaser removes a qualifying boat, as
29 described in sub-subparagraph f., from the state within 90
30 days after the date of purchase or the purchaser removes a
31 nonqualifying boat or an airplane from this state within 10
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1 days after the date of purchase or, when the boat or airplane
2 is repaired or altered, within 20 days after completion of the
3 repairs or alterations;
4 b. The purchaser, within 30 days from the date of
5 departure, shall provide the department with written proof
6 that the purchaser licensed, registered, titled, or documented
7 the boat or airplane outside the state. If such written proof
8 is unavailable, within 30 days the purchaser shall provide
9 proof that the purchaser applied for such license, title,
10 registration, or documentation. The purchaser shall forward
11 to the department proof of title, license, registration, or
12 documentation upon receipt.
13 c. The purchaser, within 10 days of removing the boat
14 or airplane from Florida, shall furnish the department with
15 proof of removal in the form of receipts for fuel, dockage,
16 slippage, tie-down, or hangaring from outside of Florida. The
17 information so provided must clearly and specifically identify
18 the boat or aircraft;
19 d. The selling dealer, within 5 days of the date of
20 sale, shall provide to the department a copy of the sales
21 invoice, closing statement, bills of sale, and the original
22 affidavit signed by the purchaser attesting that he or she has
23 read the provisions of this section;
24 e. The seller makes a copy of the affidavit a part of
25 his or her record for as long as required by s. 213.35; and
26 f. Unless the nonresident purchaser of a boat of 5 net
27 tons of admeasurement or larger intends to remove the boat
28 from this state within 10 days after the date of purchase or
29 when the boat is repaired or altered, within 20 days after
30 completion of the repairs or alterations, the nonresident
31 purchaser shall apply to the selling dealer for a decal which
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1 authorizes 90 days after the date of purchase for removal of
2 the boat. The department is authorized to issue decals in
3 advance to dealers. The number of decals issued in advance to
4 a dealer shall be consistent with the volume of the dealer's
5 past sales of boats which qualify under this sub-subparagraph.
6 The selling dealer or his or her agent shall mark and affix
7 the decals to qualifying boats in the manner prescribed by the
8 department, prior to delivery of the boat.
9 (I) Pursuant to s. 216.1817, the department is hereby
10 authorized to charge dealers a fee sufficient to recover the
11 costs of decals issued.
12 (II) The proceeds from the sale of decals will be
13 deposited into the administrative trust fund.
14 (III) Decals shall display information to identify the
15 boat as a qualifying boat under this sub-subparagraph,
16 including, but not limited to, the decal's date of expiration.
17 (IV) The department is authorized to require dealers
18 who purchase decals to file reports with the department and
19 may prescribe all necessary records by rule. All such records
20 are subject to inspection by the department.
21 (V) Any dealer or his or her agent who issues a decal
22 falsely, fails to affix a decal, mismarks the expiration date
23 of a decal, or fails to properly account for decals will be
24 considered prima facie to have committed a fraudulent act to
25 evade the tax and will be liable for payment of the tax plus a
26 mandatory penalty of 200 percent of the tax, and shall be
27 liable for fine and punishment as provided by law for a
28 conviction of a misdemeanor of the first degree, as provided
29 in s. 775.082 or s. 775.083.
30 (VI) Any nonresident purchaser of a boat who removes a
31 decal prior to permanently removing the boat from the state,
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1 or defaces, changes, modifies, or alters a decal in a manner
2 affecting its expiration date prior to its expiration, or who
3 causes or allows the same to be done by another, will be
4 considered prima facie to have committed a fraudulent act to
5 evade the tax and will be liable for payment of the tax plus a
6 mandatory penalty of 200 percent of the tax, and shall be
7 liable for fine and punishment as provided by law for a
8 conviction of a misdemeanor of the first degree, as provided
9 in s. 775.082 or s. 775.083.
10 (VII) The department is authorized to adopt rules
11 necessary to administer and enforce this subparagraph and to
12 publish the necessary forms and instructions.
13 (VIII) The department is hereby authorized to adopt
14 emergency rules pursuant to s. 120.54(4) to administer and
15 enforce the provisions of this subparagraph.
16
17 If the purchaser fails to remove the qualifying boat from this
18 state within 90 days after purchase or a nonqualifying boat or
19 an airplane from this state within 10 days after purchase or,
20 when the boat or airplane is repaired or altered, within 20
21 days after completion of such repairs or alterations, or
22 permits the boat or airplane to return to this state within 6
23 months from the date of departure, or if the purchaser fails
24 to furnish the department with any of the documentation
25 required by this subparagraph within the prescribed time
26 period, the purchaser shall be liable for use tax on the cost
27 price of the boat or airplane and, in addition thereto,
28 payment of a penalty to the Department of Revenue equal to the
29 tax payable. This penalty shall be in lieu of the penalty
30 imposed by s. 212.12(2) and is mandatory and shall not be
31 waived by the department. The 90-day period following the
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1 sale of a qualifying boat tax exempt to a nonresident may not
2 be tolled for any reason. Notwithstanding other provisions of
3 this paragraph to the contrary, an aircraft purchased in this
4 state under the provisions of this paragraph may be returned
5 to this state for repairs within 6 months after the date of
6 its departure without being in violation of the law and
7 without incurring liability for the payment of tax or penalty
8 on the purchase price of the aircraft if the aircraft is
9 removed from this state within 20 days after the completion of
10 the repairs and if such removal can be demonstrated by
11 invoices for fuel, tie-down, hangar charges issued by
12 out-of-state vendors or suppliers, or similar documentation.
13 (i)1. Beginning January 1, 1995, a tax is imposed at
14 the rate of 4 percent on the charges for the use of
15 coin-operated amusement machines. The tax shall be calculated
16 by dividing the gross receipts from such charges for the
17 applicable reporting period by a divisor, determined as
18 provided in this subparagraph, to compute gross taxable sales,
19 and then subtracting gross taxable sales from gross receipts
20 to arrive at the amount of tax due. The divisor is equal to
21 1.04, except that for counties with a 6.5 percent sales tax
22 rate the divisor shall be equal to 1.045, and for counties
23 with a 7.0 percent sales tax rate the divisor shall be equal
24 to 1.050. When a machine is activated by a slug, token,
25 coupon, or any similar device which has been purchased, the
26 tax is on the price paid by the user of the device for such
27 device.
28 2. As used in this paragraph, the term "operator"
29 means any person who possesses a coin-operated amusement
30 machine for the purpose of generating sales through that
31
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1 machine and who is responsible for removing the receipts from
2 the machine.
3 a. If the owner of the machine is also the operator of
4 it, he or she shall be liable for payment of the tax without
5 any deduction for rent or a license fee paid to a location
6 owner for the use of any real property on which the machine is
7 located.
8 b. If the owner or lessee of the machine is also its
9 operator, he or she shall be liable for payment of the tax on
10 the purchase or lease of the machine, as well as the tax on
11 sales generated through the machine.
12 c. If the proprietor of the business where the machine
13 is located does not own the machine, he or she shall be deemed
14 to be the lessee and operator of the machine and is
15 responsible for the payment of the tax on sales, unless such
16 responsibility is otherwise provided for in a written
17 agreement between him or her and the machine owner.
18 3.a. An operator of a coin-operated amusement machine
19 may not operate or cause to be operated in this state any such
20 machine until the operator has registered with the department
21 and has conspicuously displayed an identifying certificate
22 issued by the department. The identifying certificate shall
23 be issued by the department upon application from the
24 operator. The identifying certificate shall include a unique
25 number, and the certificate shall be permanently marked with
26 the operator's name, the operator's sales tax number, and the
27 maximum number of machines to be operated under the
28 certificate. An identifying certificate shall not be
29 transferred from one operator to another. The identifying
30 certificate must be conspicuously displayed on the premises
31 where the coin-operated amusement machines are being operated.
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1 b. The operator of the machine must obtain an
2 identifying certificate before the machine is first operated
3 in the state and by July 1 of each year thereafter. The annual
4 fee for each certificate shall be based on the number of
5 machines identified on the application times $30, unless
6 determined otherwise pursuant to s. 216.1817, and is due and
7 payable upon application for the identifying device. The
8 application shall contain the operator's name, sales tax
9 number, business address where the machines are being
10 operated, and the number of machines in operation at that
11 place of business by the operator. No operator may operate
12 more machines than are listed on the certificate. A new
13 certificate is required if more machines are being operated at
14 that location than are listed on the certificate. The fee for
15 the new certificate shall be based on the number of additional
16 machines identified on the application form times $30, unless
17 determined otherwise pursuant to s. 216.1817.
18 c. A penalty of $250 per machine is imposed on the
19 operator for failing to properly obtain and display the
20 required identifying certificate. A penalty of $250 is imposed
21 on the lessee of any machine placed in a place of business
22 without a proper current identifying certificate. Such
23 penalties shall apply in addition to all other applicable
24 taxes, interest, and penalties.
25 d. Operators of coin-operated amusement machines must
26 obtain a separate sales and use tax certificate of
27 registration for each county in which such machines are
28 located. One sales and use tax certificate of registration is
29 sufficient for all of the operator's machines within a single
30 county.
31
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1 4. The provisions of this paragraph do not apply to
2 coin-operated amusement machines owned and operated by
3 churches or synagogues.
4 5. In addition to any other penalties imposed by this
5 chapter, a person who knowingly and willfully violates any
6 provision of this paragraph commits a misdemeanor of the
7 second degree, punishable as provided in s. 775.082 or s.
8 775.083.
9 6. The department may adopt rules necessary to
10 administer the provisions of this paragraph.
11 Section 37. Paragraph (a) of subsection (3) of section
12 212.18, Florida Statutes, is amended to read:
13 212.18 Administration of law; registration of dealers;
14 rules.--
15 (3)(a) Every person desiring to engage in or conduct
16 business in this state as a dealer, as defined in this
17 chapter, or to lease, rent, or let or grant licenses in living
18 quarters or sleeping or housekeeping accommodations in hotels,
19 apartment houses, roominghouses, or tourist or trailer camps
20 that are subject to tax under s. 212.03, or to lease, rent, or
21 let or grant licenses in real property, as defined in this
22 chapter, and every person who sells or receives anything of
23 value by way of admissions, must file with the department an
24 application for a certificate of registration for each place
25 of business, showing the names of the persons who have
26 interests in such business and their residences, the address
27 of the business, and such other data as the department may
28 reasonably require. However, owners and operators of vending
29 machines or newspaper rack machines are required to obtain
30 only one certificate of registration for each county in which
31 such machines are located. The department, by rule, may
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1 authorize a dealer that uses independent sellers to sell its
2 merchandise to remit tax on the retail sales price charged to
3 the ultimate consumer in lieu of having the independent seller
4 register as a dealer and remit the tax. The department may
5 appoint the county tax collector as the department's agent to
6 accept applications for registrations. The application must be
7 made to the department before the person, firm, copartnership,
8 or corporation may engage in such business, and it must be
9 accompanied by a registration fee of $5. The registration fee
10 is $5 unless determined otherwise pursuant to s. 216.1817.
11 However, a registration fee is not required to accompany an
12 application to engage in or conduct business to make mail
13 order sales.
14 Section 38. Paragraph (e) of subsection (7) of section
15 215.555, Florida Statutes, is amended to read:
16 215.555 Florida Hurricane Catastrophe Fund.--
17 (7) ADDITIONAL POWERS AND DUTIES.--
18 (e) In order to assure the equitable operation of the
19 fund, the board may, pursuant to s. 216.1817, impose a
20 reasonable fee on an insurer to recover costs involved in
21 reprocessing inaccurate, incomplete, or untimely exposure data
22 submitted by the insurer.
23 Section 39. Subsection (3) of section 215.65, Florida
24 Statutes, is amended to read:
25 215.65 Bond Fee Trust Fund, expenditures; schedule of
26 fees.--
27 (3) The division shall adopt by resolution a schedule
28 of fees and expenses, which shall may be revised pursuant to
29 s. 216.1817 from time to time as conditions warrant, designed
30 so that the Bond Fee Trust Fund will be reimbursed for general
31 administrative expenses of the division as well as all direct
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1 out-of-pocket expenses. The fees charged to and all expenses
2 paid for and on behalf of each bond issue shall be paid and
3 reimbursed to the Bond Fee Trust Fund from the proceeds of the
4 sale of the bonds, if such bonds are sold, or from such other
5 source as may be agreed to by the state agency requesting the
6 services of the division, if for any reason the bonds are not
7 sold.
8 Section 40. Subsection (2) of section 215.655, Florida
9 Statutes, is amended to read:
10 215.655 Arbitrage Compliance Program, expenditures;
11 schedule of fees.--
12 (2) The division shall adopt by resolution a schedule
13 of fees and expenses, to be paid by the governmental agency
14 for which services were provided, which shall may be revised
15 pursuant to s. 216.1817 from time to time as conditions
16 warrant, designed so that the Arbitrage Compliance Program
17 will be reimbursed for general administrative expenses of the
18 division as well as direct out-of-pocket expenses.
19 Section 41. Subsection (2) of section 218.411, Florida
20 Statutes, is amended to read:
21 218.411 Authorization for state technical and advisory
22 assistance.--
23 (2) The State Board of Administration shall may
24 establish fees pursuant to s. 216.1817 to cover the cost of
25 such services, which shall be paid by the unit of local
26 government requesting such service. Such fees shall be
27 deposited to the credit of the appropriation or appropriations
28 from which the costs of providing the services have been paid
29 or are to be charged.
30 Section 42. Subsection (12) of section 231.263,
31 Florida Statutes, is amended to read:
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1 231.263 Recovery network program for educators.--
2 (12) FEES.--Pursuant to s. 216.1817, the State Board
3 of Education shall include in the fees established pursuant to
4 s. 231.30 an amount sufficient to implement the provisions of
5 this section. The state board shall by rule establish
6 procedures and additional standards for:
7 (a) Approving treatment providers, including
8 appropriate qualifications and experience, amount of
9 reasonable fees and charges, and quality and effectiveness of
10 treatment programs provided.
11 (b) Admitting eligible persons to the program.
12 (c) Evaluating impaired persons by the recovery
13 network program.
14 Section 43. Subsection (1) of section 231.30, Florida
15 Statutes, is amended to read:
16 231.30 Certification fees.--
17 (1) The State Board of Education, by rule, shall
18 establish separate fees for applications, examinations,
19 certification, certification renewal, late renewal,
20 recordmaking, and recordkeeping, and may establish procedures
21 for scheduling and administering an examination upon an
22 applicant's request. Pursuant to s. 216.1817, each fee shall
23 be based on department estimates of the revenue required to
24 implement the provisions of law with respect to certification
25 of school personnel. The application fee shall be
26 nonrefundable. Each examination fee shall be sufficient to
27 cover the actual cost of developing and administering the
28 examination, but shall not exceed $100 for an examination
29 unless determined otherwise pursuant to s. 216.1817.
30 Section 44. Subsection (8) of section 240.3335,
31 Florida Statutes, is amended to read:
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1 240.3335 Centers of technology innovation.--
2 (8) Each center shall establish a schedule of fees or
3 rates pursuant to s. 216.1817, to be charged to all who use
4 the facilities of the center. In addition, each center may
5 negotiate user contracts with governmental users, industrial
6 users, researchers, public or private educational
7 institutions, or individuals for use of the facilities. It is
8 the intent of the Legislature that the centers of technology
9 innovation established pursuant to this act shall not seek any
10 additional state funding. Centers may solicit and accept
11 grants and donations, including, but not limited to, federal
12 and state grants to assist companies in converting
13 defense-related technologies to other technologies.
14 Section 45. Subsection (6) of section 240.4075,
15 Florida Statutes, is amended to read:
16 240.4075 Nursing Student Loan Forgiveness Program.--
17 (6) In addition to licensing fees imposed under part I
18 of chapter 464, there is hereby levied and imposed an
19 additional fee of $5, which fee shall be paid upon licensure
20 or renewal of nursing licensure. The fee is $5 unless
21 determined otherwise pursuant to s. 216.1817. Revenues
22 collected from the fee imposed in this subsection shall be
23 deposited in the Nursing Student Loan Forgiveness Trust Fund
24 of the Department of Health and will be used solely for the
25 purpose of carrying out the provisions of this section and s.
26 240.4076. Up to 50 percent of the revenues appropriated to
27 implement this subsection may be used for the nursing
28 scholarship program established pursuant to s. 240.4076.
29 Section 46. Subsection (5) of section 240.633, Florida
30 Statutes, is amended to read:
31
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1 240.633 Powers and duties.--The institute shall have
2 the following powers and duties:
3 (5) To charge and collect subscription and other
4 participation costs and fees for its services, pursuant to s.
5 216.1817, including publications and courses of study.
6 Section 47. Subsection (1) of section 245.13, Florida
7 Statutes, is amended to read:
8 245.13 Fees; authority to accept additional funds;
9 annual audit.--
10 (1) The anatomical board is empowered to prescribe a
11 schedule of fees pursuant to s. 216.1817, to be collected from
12 the institution or association to which the bodies, as
13 described in this chapter, are distributed or loaned to defray
14 the costs of obtaining and preparing such bodies.
15 Section 48. Subsection (1) of section 246.093, Florida
16 Statutes, is amended to read:
17 246.093 Permission to operate.--
18 (1) An out-of-state college seeking to have a minimal
19 presence in this state for the purpose of maintaining a
20 business office, providing an occasional seminar that carries
21 college credit, or arranging an occasional clinical clerkship
22 for a medical student or for the purpose of other operations
23 not involving a regular, continuous, credit-bearing
24 educational program in this state must apply to the board for
25 permission to operate. The board has authority to adopt rules
26 and fees for this status pursuant to s. 216.1817.
27 Section 49. Section 246.219, Florida Statutes, is
28 amended to read:
29 246.219 License fees.--
30 (1) Each initial application for a license to operate
31 a nonpublic postsecondary career school shall be accompanied
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1 by a license fee of not less than $500, and each application
2 for the renewal of such license shall be accompanied by an
3 annual license fee of at least $300, provided that the fee for
4 a biennial license shall be at least $600. A fee shall be
5 charged for a supplementary application for the approval of
6 any additional field or course of instruction. Such fees
7 shall be delineated, by rule, by the board and shall be
8 determined pursuant to s. 216.1817.
9 (2) Fees for agents representing schools shall be at
10 least $50 for the initial license and at least $25 for renewal
11 of the license, excluding the cost of obtaining criminal
12 justice information. Applicants shall bear the cost of
13 obtaining such information. Such fees shall be determined
14 pursuant to s. 216.1817.
15 (3) The board shall adopt rules establishing a charge
16 of at least $250 for a delinquent application for license
17 renewal unless determined otherwise pursuant to s. 216.1817.
18 (4) All license fees shall be transmitted by the board
19 through the Department of Education to be deposited in the
20 Institutional Assessment Trust Fund created by s. 246.31.
21 Section 50. Subsections (1), (2), and (3) of section
22 252.85, Florida Statutes, are amended to read:
23 252.85 Fees.--
24 (1) Any owner or operator of a facility required under
25 s. 302 or s. 312 of EPCRA, or by s. 252.87, to submit a
26 notification or an annual inventory form to the commission
27 shall be required to pay an annual registration fee. The fee
28 for any company, including all facilities under common
29 ownership or control, shall not be less than $25 nor more than
30 $2,000 unless determined otherwise pursuant to s. 216.1817.
31 The department shall establish a reduced fee, of not less than
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1 $25 nor more than $500, unless determined otherwise pursuant
2 to s. 216.1817, applicable to any owner or operator regulated
3 under part I of chapter 368, chapter 527, or s. 376.303, which
4 does not have present any extremely hazardous substance, as
5 defined by EPCRA, in excess of a threshold planning quantity,
6 as established by EPCRA. The department shall establish a
7 reduced fee of not less than $25 nor more than $1,000 unless
8 determined otherwise pursuant to s. 216.1817, applicable to
9 any owner or operator of a facility with a Standard Industrial
10 Classification Code of 01, 02, or 07, which is eligible for
11 the "routine agricultural use" exemption provided in ss. 311
12 and 312 of EPCRA. The fee under this subsection shall be
13 based, in part, on the number of employees employed within the
14 state at facilities under the common ownership or control of
15 such owner or operator, which number shall be determined, to
16 the extent possible, in accordance with data supplied by the
17 Department of Labor and Employment Security. In order to avoid
18 the duplicative reporting of seasonal and temporary
19 agricultural employees, fees applicable to owners or operators
20 of agricultural facilities, which are eligible for the
21 "routine agricultural use" reporting exemption provided in ss.
22 311 and 312 of EPCRA, shall be based, in part, on employee
23 data which most closely reflects such owner or operator's
24 permanent nonseasonal workforce. The department shall
25 establish by rule the date by which the fee is to be paid, as
26 well as a formula for or method of determining the applicable
27 fee under this subsection and s. 216.1817 without regard to
28 the number of facilities under common ownership or control.
29 The department may require owners or operators of multiple
30 facilities to demonstrate common ownership or control for
31 purposes of this subsection.
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1 (2) Any owner or operator of a facility required to
2 notify or who has notified the commission under s. 302 of
3 EPCRA shall pay a one-time filing fee of $50. The filing fee
4 is $50 unless determined otherwise pursuant to s. 216.1817.
5 Such fee shall be due at the time of initial notification. The
6 fee under this subsection shall not be required for any
7 agricultural facilities with a Standard Industrial
8 Classification Code of 01, 02, or 07 subject to the
9 notification or annual inventory form requirement solely
10 because of the presence of EPCRA listed substances in
11 temporary or portable storage units located at the facility
12 for less than 48 consecutive hours.
13 (3) Any owner or operator of a facility that is
14 required to submit a report or filing under s. 313 of EPCRA
15 shall pay an annual reporting fee not to exceed $150, unless
16 determined otherwise pursuant to s. 216.1817, for those s. 313
17 EPCRA listed substances in effect on January 1, 1998. The
18 department shall establish by rule the date by which the fee
19 is to be paid, as well as a formula for or method of
20 determining the applicable fee under this subsection and s.
21 216.1817.
22 Section 51. Subsection (1) of section 252.939, Florida
23 Statutes, is amended to read:
24 252.939 Fees.--
25 (1)(a) Any owner or operator of a specified stationary
26 source in the state which must submit a Risk Management Plan
27 to the United States Environmental Protection Agency under s.
28 112(r)(7) shall pay an annual registration fee determined
29 pursuant to s. 216.1817 for each specified stationary source
30 to the department. The annual registration fee is due to the
31 department upon initial submission of a stationary source's
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1 Risk Management Plan to the United States Environmental
2 Protection Agency, and every April 1 thereafter.
3 (b) Prior individual written notice shall be provided
4 by United States mail by the department to owners or operators
5 of specified stationary sources in the state subject to the
6 requirements under s. 112(r)(7) to submit Risk Management
7 Plans and corresponding state registration fees. This notice
8 must include the requirements of the state fee schedule and
9 must be mailed at least 90 days before the due date for the
10 specified stationary source's initial registration and Risk
11 Management Plan submission year and at least 30 days before
12 the registration fee due date for subsequent years.
13 (c) The department shall establish a fee schedule by
14 rule for the specified stationary sources, upon the advice and
15 consent of the commission. The annual registration fee must be
16 based, in part, on a stationary source's highest program
17 level, as determined under the federal implementing
18 regulations for s. 112(r)(7), and may not exceed the following
19 unless determined otherwise pursuant to s. 216.1817:
20 1. Program 1 Stationary Sources $100. Multiple Program
21 1 stationary sources which are under common ownership and
22 which have the same single chemical process, shall pay a full
23 fee for the first stationary source location and a 50 percent
24 fee for subsequent locations with no owner of such multiple
25 stationary sources paying more than $1,000. To be eligible for
26 this multiple stationary source fee provision, one single fee
27 payment must be submitted by the owner of the eligible
28 multiple stationary source locations with a listing of the
29 multiple stationary source locations and the single chemical
30 process.
31
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1 2. Program 2 Stationary Sources $200. Multiple Program
2 2 stationary sources which are under common ownership and
3 which have the same single chemical process, shall pay a full
4 fee for the first three stationary source locations and a 50
5 percent fee for subsequent locations with no owner of such
6 multiple stationary sources paying more than $2,000. Multiple
7 Program 2 stationary sources which are under common ownership
8 and which are classified under one of the following Standard
9 Industrial Classification group numbers 01, 02, or 07 shall
10 pay a full fee, not to exceed $100 for the first stationary
11 source location and a 50 percent fee for subsequent locations
12 with no owner of such multiple stationary sources paying more
13 than $800. To be eligible for these multiple stationary source
14 fee provisions, one single fee payment must be submitted by
15 the owner of the eligible multiple stationary source locations
16 with a listing of the multiple stationary source locations and
17 the chemical process.
18 3. Program 3 Stationary Sources $1,000.
19 (d) Annual registration fees under this section are
20 not required until after the department receives final
21 delegation approval from the United States Environmental
22 Protection Agency to administer the s. 112(r)(7) Accidental
23 Release Prevention Program for the specified stationary
24 sources.
25 Section 52. Subsections (2) and (11) of section
26 253.03, Florida Statutes, are amended to read:
27 253.03 Board of trustees to administer state lands;
28 lands enumerated.--
29 (2) It is the intent of the Legislature that the Board
30 of Trustees of the Internal Improvement Trust Fund continue to
31 receive proceeds from the sale or disposition of the products
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1 of lands and the sale of lands of which the use and possession
2 are not subsequently transferred by appropriate lease or
3 similar instrument from the board of trustees to the proper
4 using agency. Such using agency shall be entitled to the
5 proceeds from the sale of products on, under, growing out of,
6 or connected with lands which such using agency holds under
7 lease or similar instrument from the board of trustees. The
8 Board of Trustees of the Internal Improvement Trust Fund is
9 directed and authorized to enter into leases or similar
10 instruments for the use, benefit, and possession of public
11 lands by agencies which may properly use and possess them for
12 the benefit of the state. Pursuant to s. 216.1817, the board
13 of trustees shall adopt by rule an annual administrative fee
14 for all existing and future leases or similar instruments, to
15 be charged agencies that are leasing land from it. This
16 annual administrative fee assessed for all leases or similar
17 instruments is to compensate the board for costs incurred in
18 the administration and management of such leases or similar
19 instruments.
20 (11) The Board of Trustees of the Internal Improvement
21 Trust Fund may adopt rules to provide for the assessment and
22 collection of reasonable fees pursuant to s. 216.1817,
23 commensurate with the actual cost to the board, for
24 disclaimers, easements, exchanges, gifts, leases, releases, or
25 sales of any interest in lands or any applications therefor
26 and for reproduction of documents. All revenues received from
27 the application fees charged by a water management district to
28 process applications that include a request to use state lands
29 are to be retained by the water management district.
30 Section 53. Subsection (9) of section 253.12, Florida
31 Statutes, is amended to read:
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1 253.12 Title to tidal lands vested in state.--
2 (9) All of the state's right, title, and interest to
3 all tidally influenced land or tidally influenced islands
4 bordering or being on sovereignty land, which have been
5 permanently extended, filled, added to existing lands, or
6 created before July 1, 1975, by fill, and might be owned by
7 the state, is hereby granted to the landowner having record or
8 other title to all or a portion thereof or to the lands
9 immediately upland thereof and its successors in interest.
10 Thereafter, such lands shall be considered private property,
11 and the state, its political subdivisions, agencies, and all
12 persons claiming by, through, or under any of them, shall be
13 barred from asserting that any such lands are publicly owned
14 sovereignty lands. The foregoing provisions shall act to
15 transfer title only to so much of such extended or added land
16 as was permanently exposed, extended, or added to before July
17 1, 1975. A showing of dates by which certain lands were
18 filled or added to may be made by aerial photograph or other
19 reasonable method. Upon request of the landowner and
20 submission of a proposed legal description and aerial
21 photographs or other evidence accompanied by a fee set by the
22 board pursuant to s. 216.1817, and reflecting the actual
23 administrative cost of processing, the board shall provide an
24 appropriate legal description of the waterward boundary line
25 as of July 1, 1975, in a recordable document. The Legislature
26 specifically finds and declares these grants to be in the
27 public interest. The boundary between state-owned sovereignty
28 lands and privately owned uplands is ambulatory and will move
29 as a result of nonavulsive changes. This subsection shall not
30 grant or vest title to any filled, formerly submerged
31 state-owned lands in any person who, as of January 1, 1993, is
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1 the record titleholder of the filled or adjacent upland
2 property and who filled or caused to be filled the state-owned
3 lands.
4 Section 54. Subsection (1) of section 253.86, Florida
5 Statutes, is amended to read:
6 253.86 Management and use of state-owned or other
7 uplands; rulemaking authority.--
8 (1) The Office of Coastal and Aquatic Managed Areas of
9 the Department of Environmental Protection shall have the
10 authority to promulgate rules to govern the management and use
11 of state-owned or other uplands assigned to it for management.
12 Such rules may include, but shall not be limited to,
13 establishing prohibited activities or restrictions on
14 activities, consistent with the purposes for which the lands
15 were acquired, designated, or dedicated, and charging fees
16 pursuant to s. 216.1817 for use of lands. All fees collected
17 shall be used for the management of uplands managed by the
18 office.
19 Section 55. Subsection (5) of section 257.34, Florida
20 Statutes, is amended to read:
21 257.34 Florida International Archive and Repository.--
22 (5) The division shall may establish and maintain a
23 schedule of fees, pursuant to s. 216.1817, for services that
24 may include, but need not be limited to, restoration of
25 materials, storage of materials, special research services,
26 and publications.
27 Section 56. Subsection (5) of section 257.35, Florida
28 Statutes, is amended to read:
29 257.35 Florida State Archives.--
30 (5) The division shall may establish and maintain a
31 schedule of fees, pursuant to s. 216.1817, for services which
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1 shall include, but not be limited to, restoration of archival
2 materials, storage of archival materials, special research
3 services, and publications.
4 Section 57. Subsection (1) of section 258.014, Florida
5 Statutes, is amended to read:
6 258.014 Fees for use of state parks.--
7 (1) The Division of Recreation and Parks shall have
8 the power to charge reasonable fees, rentals or charges
9 pursuant to s. 216.1817 for the use or operation of facilities
10 and concessions in state parks, and all such fees, rentals,
11 and charges so collected shall be deposited in the State
12 Treasury to the credit of "State Park Trust Fund," which is
13 hereby created, the continuing balance of which fund is hereby
14 appropriated to be expended by said division for the
15 administration, improvement and maintenance of state parks and
16 for the acquisition and development of lands hereafter
17 acquired for state park purposes. The appropriation of said
18 fund shall be continuing, and shall not revert to the General
19 Revenue Fund at the end of any fiscal year or at any other
20 time but shall, until expended, be continually available to
21 said division for the uses and purposes set forth.
22 Section 58. Paragraph (c) of subsection (10) of
23 section 258.501, Florida Statutes, is amended to read:
24 258.501 Myakka River; wild and scenic segment.--
25 (10) PERMITTING AUTHORITY.--
26 (c) The department may adopt an application fee
27 schedule pursuant to s. 216.1817 providing for payment of
28 reasonable fees to defray the cost of processing applications.
29 Section 59. Paragraphs (c) and (g) of subsection (1)
30 of section 260.016, Florida Statutes, are amended to read:
31 260.016 General powers of the department.--
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1 (1) The department may:
2 (c) Adopt appropriate rules to implement or interpret
3 this act and portions of chapter 253 relating to greenways and
4 trails, which may include, but are not limited to, rules for
5 the following:
6 1. Establishing a designation process.
7 2. Negotiating and executing agreements with private
8 landowners.
9 3. Establishing prohibited activities or restrictions
10 on activities to protect the health, safety, and welfare of
11 the public.
12 4. Charging fees for use pursuant to s. 216.1817.
13 5. Providing public access.
14 6. Providing for maintenance.
15 7. Any matter necessary to the evaluation, selection,
16 operation, and maintenance of greenways and trails.
17
18 Any person who violates or otherwise fails to comply with the
19 rules adopted pursuant to subparagraph 3. commits a
20 noncriminal infraction for which a fine of up to $500 may be
21 imposed.
22 (g) Charge reasonable fees or rentals pursuant to s.
23 216.1817 for the use or operation of facilities and
24 concessions. All such fees, rentals, or other charges
25 collected shall be deposited in the account or trust fund of
26 the managing entity.
27 Section 60. Subsection (7) of section 267.074, Florida
28 Statutes, is amended to read:
29 267.074 State Historical Marker Program.--The division
30 shall coordinate and direct the State Historical Marker
31 Program, which shall be a program of popular history and
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1 heritage designed to inform the general public about persons,
2 events, structures, and other topics relating to the history
3 and culture of the state; encourage interest in preserving the
4 historical resources of the state and its localities; promote
5 a sense of community and place among Florida citizens; and
6 provide for the enjoyment and edification of tourists.
7 (7) The division shall may establish a reasonable fee,
8 pursuant to s. 216.1817, to recover its costs arising from
9 review of a proposal for a historical marker, monument,
10 plaque, medallion, or similar device. Any fee established
11 shall be payable by the applicant for the marker, monument,
12 plaque, medallion, or similar device.
13 Section 61. Subsection (5) of section 272.161, Florida
14 Statutes, is amended to read:
15 272.161 Rental of reserved parking spaces.--
16 (5) The Department of Management Services shall
17 establish fees, pursuant to s. 216.1817, on all state-owned
18 reserved parking spaces, except those assigned to qualified
19 state employee car pools, under the jurisdiction of the
20 department. The department shall also issue loading zone
21 permits and scramble parking permits for a fee sufficient to
22 cover the cost of administering the permits and maintaining
23 the parking areas.
24 Section 62. Paragraphs (f) and (g) of subsection (1)
25 of section 287.042, Florida Statutes, are amended to read:
26 287.042 Powers, duties, and functions.--The department
27 shall have the following powers, duties, and functions:
28 (1)
29 (f) The corporation may submit products and services
30 to the department for testing, analysis, and review relating
31 to the quality and cost comparability. If, after review and
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1 testing, the department approves of the products and services,
2 the department shall give written notice thereof to the
3 corporation. The corporation shall pay a reasonable fee
4 charged for testing its products by the Department of
5 Agriculture and Consumer Services. The fee shall be determined
6 pursuant to s. 216.1817.
7 (g) The department may collect fees for the use of its
8 electronic information services. The fees may be imposed on an
9 individual transaction basis or as a fixed subscription for a
10 designated period of time. At a minimum, The fees shall be
11 determined pursuant to s. 216.1817 in an amount sufficient to
12 cover the department's projected costs of such services,
13 including overhead in accordance with the policies of the
14 Department of Management Services for computing its
15 administrative assessment. All fees collected pursuant to
16 this paragraph shall be deposited in the Grants and Donations
17 Trust Fund for disbursement as provided by law.
18 Section 63. Section 287.1345, Florida Statutes, is
19 amended to read:
20 287.1345 Surcharge on users of state term contracts;
21 deposit of proceeds collected.--The Department of Management
22 Services shall may impose a surcharge pursuant to s. 216.1817
23 upon users of state term contracts in order to fund the costs,
24 including overhead, of its procurement function. The
25 department may provide for the state term contract vendor to
26 collect the surcharge or directly collect the fee from the
27 public agency involved. For the purpose of compensating
28 vendors for expenses incurred in collecting such fees, the
29 department may authorize a vendor to retain a portion of the
30 fees. The vendor may withhold the portion retained from the
31 amount of fees to be remitted to the department. The
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1 department may negotiate the retainage as a percentage of such
2 fees charged to users, as a flat amount, or as any other
3 method the department deems feasible. Vendors shall maintain
4 accurate sales summaries for purchases made from state term
5 contracts and shall provide the summaries to the department on
6 a quarterly basis. Any contract remedies relating to the
7 collection of such fees from users through vendors are
8 enforceable, including, but not limited to, liquidated
9 damages, late fees, and the costs of collection, including
10 attorney's fees. The fees collected pursuant to this section
11 shall be deposited into the Grants and Donations Trust Fund of
12 the department and are subject to appropriation as provided by
13 law. The Executive Office of the Governor may exempt
14 transactions from the payment of the surcharge if payment of
15 such surcharge would cause the state, a political subdivision,
16 or unit of local government to lose federal funds or in other
17 cases where such exemption is in the public interest. The
18 fees collected pursuant to this section and interest income on
19 such fees shall not be deemed to be income of a revenue nature
20 for purposes of chapter 215.
21 Section 64. Subsection (5) of section 287.16, Florida
22 Statutes, is amended to read:
23 287.16 Powers and duties of department.--The
24 Department of Management Services shall have the following
25 powers, duties, and responsibilities:
26 (5) To allocate and charge fees, pursuant to s.
27 216.1817, to the state agencies to which aircraft or motor
28 vehicles are furnished, based upon any reasonable criteria.
29 Section 65. Subsection (1) of section 288.774, Florida
30 Statutes, is amended to read:
31 288.774 Powers and limitations.--
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1 (1) The corporation may charge fees to help defray the
2 operating expenses of its programs. The amount of fees shall
3 be determined by the board pursuant to s. 216.1817.
4 Section 66. Section 288.778, Florida Statutes, is
5 amended to read:
6 288.778 Department of Banking and Finance.--The
7 Department of Banking and Finance shall review the
8 corporation's activities once every 24 months to determine
9 compliance with this part and other related laws and rules and
10 to evaluate the corporation's operations. The department
11 shall prepare a report based on its review and evaluation with
12 recommendation for any corrective action. The president shall
13 submit to the department regular reports on the corporation's
14 activities. The content and frequency of such reports shall
15 be determined by the department. Pursuant to s. 216.1817, the
16 department shall charge a fee for conducting the review and
17 evaluation and preparing the related report, which fee shall
18 not be in excess of the examination fee paid by financial
19 institutions chartered or licensed under the financial
20 institutions code of this state.
21 Section 67. Paragraph (g) of subsection (2) of section
22 288.8155, Florida Statutes, is amended to read:
23 288.8155 International Trade Data Resource and
24 Research Center.--Enterprise Florida, Inc., and the Florida
25 Seaport Transportation and Economic Development Council shall
26 establish a comprehensive trade data resource and research
27 center to be known as the "International Trade Data Resource
28 and Research Center." The center shall be incorporated as a
29 private nonprofit corporation operated in compliance with
30 chapter 617, and shall not be a unit or entity of state
31 government.
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1 (2) In addition to all powers authorized pursuant to
2 chapter 617, the center shall have the power to:
3 (g) Charge fees pursuant to s. 216.1817, for services,
4 programs, and activities developed pursuant to this section
5 and for published materials.
6 Section 68. Section 310.121, Florida Statutes, is
7 amended to read:
8 310.121 Application, examination, and biennial fees.--
9 (1) The department shall, in accordance with rules set
10 by the board, assess and collect the following fees:
11 (a) A fee not to exceed $300, unless determined
12 otherwise pursuant to s. 216.1817, for each application for
13 licensure as a state pilot or certification as a deputy pilot.
14 This fee shall be nonrefundable.
15 (b) A fee not to exceed $300, unless determined
16 otherwise pursuant to s. 216.1817, for each examination for
17 licensure as a state pilot or certification as a deputy pilot.
18 (c) A fee not to exceed $300, unless determined
19 otherwise pursuant to s. 216.1817, for each examination
20 review.
21 (2) The department shall assess and collect biennially
22 from each licensed state pilot and each certificated deputy
23 pilot a fee, not to exceed $200 in the case of a licensed
24 state pilot, unless determined otherwise pursuant to s.
25 216.1817, or $100 in the case of a certificated deputy pilot,
26 unless determined otherwise pursuant to s. 216.1817, such fees
27 to be set by the board.
28 Section 69. Subsection (2) of section 310.151, Florida
29 Statutes, is amended to read:
30 310.151 Rates of pilotage; Pilotage Rate Review
31 Board.--
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1 (2) Any pilot, group of pilots, or other person or
2 group of persons whose substantial interests are directly
3 affected by the rates established by the board may apply to
4 the board for a change in rates. However, an application for a
5 change in rates shall not be considered for any port for which
6 rates have been changed by this board in the 18 months
7 preceding the filing of the application. All applications for
8 changes in rates shall be made to the board, in writing,
9 pursuant to rules prescribed by the board. In the case of an
10 application for a rate change on behalf of a pilot or group of
11 pilots, the application shall be accompanied by a consolidated
12 financial statement, statement of profit or loss, and balance
13 sheet prepared by a certified public accountant of the pilot
14 or group of pilots and all relevant information, fiscal and
15 otherwise, on the piloting activities within the affected port
16 area, including financial information on all entities owned or
17 partially owned by the pilot or group of pilots which provide
18 pilot-related services in the affected port area. In the case
19 of an application for a rate change filed on behalf of persons
20 other than a pilot or group of pilots, information regarding
21 the financial state of interested parties other than pilots
22 shall be required only to the extent that such financial
23 information is made relevant by the application or subsequent
24 argument before the board. The board shall have the authority
25 to set, by rule, a rate review application fee of up to
26 $1,000, unless determined otherwise pursuant to s. 216.1817,
27 which must be submitted to the board upon the filing of the
28 application for a rate change.
29 Section 70. Section 314.08, Florida Statutes, is
30 amended to read:
31
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1 314.08 Fees.--Such harbormaster shall receive from the
2 master, owner or consignee of vessels coming into the port for
3 which he or she is appointed under this chapter, for the
4 services rendered by the harbormaster or deputy, under the
5 provisions of this chapter, a fee not exceeding the sum of
6 $20, unless determined otherwise pursuant to s. 216.1817,
7 according to the amount and value of the services rendered.
8 Section 71. Subsection (3) of section 316.29545,
9 Florida Statutes, is amended to read:
10 316.29545 Window sunscreening exclusions; medical
11 exemption; certain law enforcement vehicles exempt.--
12 (3) The department shall may charge a fee pursuant to
13 s. 216.1817, in an amount sufficient to defray the expenses of
14 issuing a medical exemption certificate as described in
15 subsection (1).
16 Section 72. Subsection (5) of section 316.550, Florida
17 Statutes, is amended to read:
18 316.550 Operations not in conformity with law; special
19 permits.--
20 (5) The Department of Transportation or such local
21 authority is authorized to promulgate rules and regulations
22 concerning the issuance of such permits and to charge a fee
23 pursuant to s. 216.1817, for the issuance thereof, which
24 rules, regulations, and fees shall have the force and effect
25 of law. The minimum fee for issuing any such permit shall be
26 $5. The Department of Transportation may issue blanket
27 permits for not more than 36 months. The department may
28 charge an annualized fee for blanket permits not to exceed
29 $500 unless determined otherwise pursuant to s. 216.1817.
30 Section 73. Subsection (3) of section 316.610, Florida
31 Statutes, is amended to read:
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1 316.610 Safety of vehicle; inspection.--It is a
2 violation of this chapter for any person to drive or move, or
3 for the owner or his or her duly authorized representative to
4 cause or knowingly permit to be driven or moved, on any
5 highway any vehicle or combination of vehicles which is in
6 such unsafe condition as to endanger any person or property,
7 or which does not contain those parts or is not at all times
8 equipped with such lamps and other equipment in proper
9 condition and adjustment as required in this chapter, or which
10 is equipped in any manner in violation of this chapter, or for
11 any person to do any act forbidden or fail to perform any act
12 required under this chapter.
13 (3) Any person, firm, or corporation owning or
14 operating a commercial motor vehicle registered in this state,
15 which vehicle is engaged in interstate commerce and subject to
16 United States Department of Transportation safety regulations,
17 may request that such vehicle be inspected by the Department
18 of Transportation. If such vehicle is found to comply with
19 the safety equipment requirements of this chapter, the
20 Department of Transportation shall issue a safety inspection
21 certificate valid for 6 months. The Department of
22 Transportation shall charge a fee of $25 for each such
23 inspection that it performs. The fee is $25 unless determined
24 otherwise pursuant to s. 216.1817. The Department of
25 Transportation may designate any person, firm, or corporation
26 owning or operating at least five vehicles as a self-inspector
27 for the purpose of inspecting the safety equipment of the
28 vehicles.
29 Section 74. Subsection (4) of section 318.1451,
30 Florida Statutes, is amended to read:
31 318.1451 Driver improvement schools.--
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1 (4) In addition to a regular course fee, an assessment
2 fee in the amount of $2.50, unless determined otherwise
3 pursuant to s. 216.1817, shall be collected by the school from
4 each person who elects to attend a course, as it relates to
5 ss. 318.14(9), 322.0261, 322.291, and 627.06501, which shall
6 be remitted to the Department of Highway Safety and Motor
7 Vehicles and deposited in the Highway Safety Operating Trust
8 Fund to administer this program and to fund the general
9 operations of the department.
10 Section 75. Subsection (1) of section 319.32, Florida
11 Statutes, is amended to read:
12 319.32 Fees; service charges; disposition.--
13 (1) The department shall charge a fee of $24 for each
14 original certificate of title except for a certificate of
15 title for a motor vehicle for hire registered under s.
16 320.08(6), for which the title fee shall be $3, $24 for each
17 duplicate copy of a certificate of title except for a
18 certificate of title for a motor vehicle for hire registered
19 under s. 320.08(6), for which the title fee shall be $3, $2
20 for each salvage certificate of title, and $3 for each
21 assignment by a lienholder. It shall also charge a fee of $2
22 for noting a lien on a title certificate, which fee shall
23 include the services for the subsequent issuance of a
24 corrected certificate or cancellation of lien when that lien
25 is satisfied. If an application for a certificate of title is
26 for a rebuilt vehicle, the department shall charge an
27 additional fee of $40 for conducting a physical examination of
28 the vehicle to assure its identity, unless determined
29 otherwise pursuant to s. 216.1817. In addition to all other
30 fees charged, a sum of $1 shall be paid for the issuance of an
31
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1 original or duplicate certificate of title to cover the cost
2 of materials used for security purposes.
3 Section 76. Section 319.323, Florida Statutes, is
4 amended to read:
5 319.323 Expedited service; applications; fees.--The
6 department shall establish a separate title office which may
7 be utilized by private citizens and licensed motor vehicle
8 dealers to receive expedited service on title transfers, title
9 issuances, duplicate titles, and recordation of liens, and
10 certificates of repossession. A fee of $7 shall be charged for
11 this service, which fee is in addition to the fees imposed by
12 s. 319.32. The fee is $7 unless determined otherwise by s.
13 216.1817. Application for such expedited service may be made
14 by mail or in person. The department shall issue each title
15 applied for pursuant to this section within 5 working days
16 after receipt of the application except for an application for
17 a duplicate title certificate covered by s. 319.23(4), in
18 which case the title must be issued within 5 working days
19 after compliance with the department's verification
20 requirements.
21 Section 77. Paragraph (b) of subsection (1) of section
22 320.023, Florida Statutes, is amended to read:
23 320.023 Requests to establish voluntary checkoff on
24 motor vehicle registration application.--
25 (1) An organization that seeks authorization to
26 establish a voluntary contribution on a motor vehicle
27 registration application must submit to the department:
28 (b) An application fee, not to exceed $10,000 unless
29 determined otherwise pursuant to s. 216.1817, to defray the
30 department's cost for reviewing the application and developing
31
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1 the voluntary contribution checkoff, if authorized. State
2 funds may not be used to pay the application fee.
3
4 The information required under this subsection must be
5 submitted to the department at least 90 days before the
6 convening of the next regular session of the Legislature.
7 Section 78. Subsections (5), (6), and (9) of section
8 320.03, Florida Statutes, are amended to read:
9 320.03 Registration; duties of tax collectors;
10 International Registration Plan.--
11 (5) A fee of 50 cents shall be charged, in addition to
12 the fees required under s. 320.08, on every license
13 registration sold to cover the costs of the Florida Real Time
14 Vehicle Information System. The fee is 50 cents unless
15 determined otherwise pursuant to s. 216.1817. The fees
16 collected hereunder shall be distributed as follows: 50
17 percent of the fee 25 cents into the Highway Safety Operating
18 Trust Fund shall be used to fund the Florida Real Time Vehicle
19 Information System and may be used to fund the general
20 operations of the department and 50 percent of the fee 25
21 cents into the Highway Safety Operating Trust Fund to be used
22 exclusively to fund the Florida Real Time Vehicle Information
23 System. The only use of this latter portion of the fee shall
24 be to fund the Florida Real Time Vehicle Information System
25 equipment, software, and networks used in the offices of the
26 county tax collectors as agents of the department and the
27 ancillary technology necessary to integrate the Florida Real
28 Time Vehicle Information System with other tax collection
29 systems. The department shall administer this program upon
30 consultation with the Florida Tax Collectors, Inc., to ensure
31 that each county tax collector's office will be
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1 technologically equipped and functional for the operation of
2 the Florida Real Time Vehicle Information System. Any of the
3 designated revenue collected to support functions of the
4 county tax collectors and not used in a given year will remain
5 exclusively in the trust fund as a carryover to the following
6 year.
7 (6) A nonrefundable fee of $1 shall be charged on
8 every license registration sold, transferred, or replaced. The
9 fee is $1 unless determined otherwise pursuant to s. 216.1817.
10 This fee must be deposited in the Air Pollution Control Trust
11 Fund established in the Department of Environmental Protection
12 and used only for purposes of air pollution control pursuant
13 to chapter 403, except that, if any county has an approved
14 local air pollution control program as provided in s. 403.182,
15 50 percent cents of the fee from each license registration
16 sold in the county must be returned to that county for deposit
17 into a local air pollution control program trust fund, which
18 must be established by the county and used only for air
19 pollution control programs relating to the control of
20 emissions from mobile sources and toxic and odor emissions,
21 air quality monitoring, and facility inspections pursuant to
22 chapter 403 or any similar local ordinance. Any county that
23 has a Department of Environmental Protection approved local
24 air pollution control program approved by the Department of
25 Environmental Protection shall receive 75 percent cents of the
26 fee from each license registration sold, transferred, or
27 replaced in the county. However, if the approved local air
28 pollution control program trust fund has an unencumbered
29 balance at the end of the preceding fiscal year of more than
30 50 percent of the preceding year's allocation from the fees
31 authorized in this subsection, the department may, after
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1 consultation with the approved local air pollution control
2 program, retain any amount above 50 percent cents of the fees
3 from each license registration sold, transferred, or replaced
4 in the county for the following fiscal year. The Department of
5 Environmental Protection is authorized to adopt rules
6 necessary to implement this subsection.
7 (9) A nonrefundable fee of $1.50 shall be charged on
8 the initial and renewal registration of each automobile for
9 private use, and on the initial and renewal registration of
10 each truck having a net weight of 5,000 pounds or less. The
11 fee is $1.50 unless determined otherwise pursuant to s.
12 216.1817. Such fees shall be deposited in the Transportation
13 Disadvantaged Trust Fund created in part I of chapter 427 and
14 shall be used as provided therein, except that priority shall
15 be given to the transportation needs of those who, because of
16 age or physical and mental disability, are unable to transport
17 themselves and are dependent upon others to obtain access to
18 health care, employment, education, shopping, or other
19 life-sustaining activities.
20 Section 79. Paragraph (b) of subsection (1) of section
21 320.06, Florida Statutes, is amended to read:
22 320.06 Registration certificates, license plates, and
23 validation stickers generally.--
24 (b) Registration license plates bearing a graphic
25 symbol and the alphanumeric system of identification shall be
26 issued for a 5-year period. At the end of said 5-year period,
27 upon renewal, the plate shall be replaced. Unless determined
28 otherwise pursuant to s. 216.1817, the fee for such
29 replacement shall be $10, 20 percent $2 of which shall be paid
30 each year before the plate is replaced, to be credited towards
31 the next $10 replacement fee. The fees shall be deposited into
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1 the Highway Safety Operating Trust Fund. A credit or refund
2 shall not be given for any prior years' payments of such
3 prorated replacement fee when the plate is replaced or
4 surrendered before the end of the 5-year period. With each
5 license plate, there shall be issued a validation sticker
6 showing the owner's birth month or the appropriate renewal
7 period if the owner is not a natural person. This validation
8 sticker shall be placed on the upper left corner of the
9 license plate and shall be issued one time during the life of
10 the license plate, or upon request when it has been damaged or
11 destroyed. There shall also be issued with each license plate
12 a serially numbered validation sticker showing the year of
13 expiration, which sticker shall be placed on the upper right
14 corner of the license plate. Such license plate and validation
15 stickers shall be issued based on the applicant's appropriate
16 renewal period. The registration period shall be a period of
17 12 months, and all expirations shall occur based on the
18 applicant's appropriate registration period. A vehicle with
19 an apportioned registration shall be issued an annual license
20 plate and a cab card that denote the declared gross vehicle
21 weight for each apportioned jurisdiction in which the vehicle
22 is authorized to operate.
23 Section 80. Paragraph (a) of subsection (2) and
24 paragraph (a) of subsection (5) of section 320.0609, Florida
25 Statutes, are amended to read:
26 320.0609 Transfer and exchange of registration license
27 plates; transfer fee.--
28 (2)(a) Upon a sale, trade, transfer, or other
29 disposition of a motor vehicle, the owner shall remove the
30 registration license plate therefrom and either return it or
31 transfer it to a replacement motor vehicle. No registration
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1 license plate shall be temporarily or permanently attached to
2 any new or used replacement or substitute vehicle without
3 filing an application for transfer of such registration
4 license plate and paying the transfer fee of $4.50 to the
5 department. The transfer fee is $4.50 unless determined
6 otherwise pursuant to s. 216.1817.
7 (5) For a transfer or exchange other than one
8 specified in paragraph (2)(b), the following provisions apply:
9 (a) If the replacement motor vehicle requires the same
10 amount of license tax under s. 320.08 as the original vehicle
11 to be replaced, no additional tax other than the transfer fee
12 provided for in subsection (2) of $4.50, accompanied by an
13 application for transfer on a form supplied by the department,
14 is required to transfer or exchange a registration license
15 plate for use on a replacement vehicle for the duration of a
16 current registration period and to issue a new certificate of
17 registration.
18 Section 81. Paragraph (c) of subsection (2) of section
19 320.0657, Florida Statutes, is amended to read:
20 320.0657 Permanent registration; fleet license
21 plates.--
22 (2)
23 (c) In addition to the license tax prescribed by s.
24 320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), an
25 annual fleet management fee of $2 shall be charged. The fee is
26 $2 unless determined otherwise pursuant to s. 216.1817. A
27 one-time license plate manufacturing fee of $1.50 shall be
28 charged for plates issued for the established number of
29 vehicles in the fleet. If the size of the fleet is increased,
30 an issuance fee of $10 per vehicle will be charged to include
31 the license plate manufacturing fee. The issuance fee is $10
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1 per vehicle, unless determined otherwise pursuant to s.
2 216.1817. If the license plate manufacturing cost increases,
3 the department shall increase the license plate manufacturing
4 fee to recoup its cost. Fees collected shall be deposited into
5 the Highway Safety Operating Trust Fund. Payment of
6 registration license tax and fees shall be made annually and
7 be evidenced only by the issuance of a single receipt by the
8 department. The provisions of s. 320.0605 do not apply to
9 vehicles registered in accordance with this section, and no
10 annual validation sticker is required.
11 Section 82. Paragraph (c) of subsection (1) of section
12 320.08, Florida Statutes, is amended to read:
13 320.08 License taxes.--Except as otherwise provided
14 herein, there are hereby levied and imposed annual license
15 taxes for the operation of motor vehicles, mopeds, motorized
16 bicycles as defined in s. 316.003(2), and mobile homes, as
17 defined in s. 320.01, which shall be paid to and collected by
18 the department or its agent upon the registration or renewal
19 of registration of the following:
20 (1) MOTORCYCLES and MOPEDS.--
21 (c) Upon registration of any motorcycle, motor-driven
22 cycle, or moped there shall be paid, in addition to the
23 license taxes specified in this subsection, a nonrefundable
24 motorcycle safety education fee in the amount of $2.50 unless
25 determined otherwise pursuant to s. 216.1817. The proceeds of
26 such additional fee shall be deposited in the Highway Safety
27 Operating Trust Fund and be used exclusively to fund a
28 motorcycle driver improvement program implemented pursuant to
29 s. 322.025 or the Florida Motorcycle Safety Education Program
30 established in s. 322.0255.
31
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1 Section 83. Subsection (1) of section 320.08048,
2 Florida Statutes, is amended to read:
3 320.08048 Sample license plates.--
4 (1) The department is authorized, upon application and
5 payment of a per-plate fee $10 fee per plate, to provide one
6 or more sample regular issuance license plates or specialty
7 license plates based upon availability. The fee is $10 unless
8 determined otherwise pursuant to s. 216.1817.
9 Section 84. Subsection (3) of section 320.13, Florida
10 Statutes, is amended to read:
11 320.13 Dealer and manufacturer license plates and
12 alternative method of registration.--
13 (3) When a licensed dealer or a marine boat trailer
14 dealer chooses to register any motor vehicle or boat trailer
15 he or she owns and has for sale and secure a regular motor
16 vehicle license plate therefor, the dealer may, upon sale
17 thereof, submit to the department a transfer fee of $4.50 and
18 an application for transfer of the license plate to a
19 comparable motor vehicle or boat trailer owned by the dealer
20 of the same weight series as set forth under s. 320.08. The
21 transfer fee is $4.50 unless determined otherwise pursuant to
22 s. 216.1817.
23 Section 85. Subsections (3), (4), and (5) of section
24 320.27, Florida Statutes, are amended to read:
25 320.27 Motor vehicle dealers.--
26 (3) APPLICATION AND FEE.--The application for the
27 license shall be in such form as may be prescribed by the
28 department and shall be subject to such rules with respect
29 thereto as may be so prescribed by it. Such application shall
30 be verified by oath or affirmation and shall contain a full
31 statement of the name and birth date of the person or persons
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1 applying therefor; the name of the firm or copartnership, with
2 the names and places of residence of all members thereof, if
3 such applicant is a firm or copartnership; the names and
4 places of residence of the principal officers, if the
5 applicant is a body corporate or other artificial body; the
6 name of the state under whose laws the corporation is
7 organized; the present and former place or places of residence
8 of the applicant; and prior business in which the applicant
9 has been engaged and the location thereof. Such application
10 shall describe the exact location of the place of business and
11 shall state whether the place of business is owned by the
12 applicant and when acquired, or, if leased, a true copy of the
13 lease shall be attached to the application. The applicant
14 shall certify that the location provides an adequately
15 equipped office and is not a residence; that the location
16 affords sufficient unoccupied space upon and within which
17 adequately to store all motor vehicles offered and displayed
18 for sale; and that the location is a suitable place where the
19 applicant can in good faith carry on such business and keep
20 and maintain books, records, and files necessary to conduct
21 such business, which will be available at all reasonable hours
22 to inspection by the department or any of its inspectors or
23 other employees. The applicant shall certify that the
24 business of a motor vehicle dealer is the principal business
25 which shall be conducted at that location. Such application
26 shall contain a statement that the applicant is either
27 franchised by a manufacturer of motor vehicles, in which case
28 the name of each motor vehicle that the applicant is
29 franchised to sell shall be included, or an independent
30 (nonfranchised) motor vehicle dealer. Such application shall
31 contain such other relevant information as may be required by
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1 the department, including evidence that the applicant is
2 insured under a garage liability insurance policy, which shall
3 include, at a minimum, $25,000 combined single-limit liability
4 coverage including bodily injury and property damage
5 protection and $10,000 personal injury protection. Such policy
6 shall be for the license period, and evidence of a new or
7 continued policy shall be delivered to the department at the
8 beginning of each license period. Upon making such initial
9 application, the person applying therefor shall pay to the
10 department a fee of $300, unless determined otherwise pursuant
11 to s. 216.1817, in addition to any other fees now required by
12 law; upon making a subsequent renewal application, the person
13 applying therefor shall pay to the department a fee of $75,
14 unless determined otherwise pursuant to s. 216.1817, in
15 addition to any other fees now required by law. Upon making
16 an application for a change of location, the person shall pay
17 a fee of $50, unless determined otherwise pursuant to s.
18 216.1817, in addition to any other fees now required by law.
19 The department shall, in the case of every application for
20 initial licensure, verify whether certain facts set forth in
21 the application are true. Each applicant, general partner in
22 the case of a partnership, or corporate officer and director
23 in the case of a corporate applicant, must file a set of
24 fingerprints with the department for the purpose of
25 determining any prior criminal record or any outstanding
26 warrants. The department shall submit the fingerprints to the
27 Department of Law Enforcement for state processing and
28 forwarding to the Federal Bureau of Investigation for federal
29 processing. The actual cost of such state and federal
30 processing shall be borne by the applicant and is to be in
31 addition to the fee for licensure. The department may issue a
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1 license to an applicant pending the results of the fingerprint
2 investigation, which license is fully revocable if the
3 department subsequently determines that any facts set forth in
4 the application are not true or correctly represented.
5 (4) LICENSE CERTIFICATE.--
6 (a) A license certificate shall be issued by the
7 department in accordance with such application when the
8 application is regular in form and in compliance with the
9 provisions of this section. The license certificate may be in
10 the form of a document or a computerized card as determined by
11 the department. The actual cost of each original, additional,
12 or replacement computerized card shall be borne by the
13 licensee and is in addition to the fee for licensure. Such
14 license, when so issued, entitles the licensee to carry on and
15 conduct the business of a motor vehicle dealer. Each license
16 issued to a franchise motor vehicle dealer expires annually on
17 December 31 unless revoked or suspended prior to that date.
18 Each license issued to an independent or wholesale dealer or
19 auction expires annually on April 30 unless revoked or
20 suspended prior to that date. Not less than 60 days prior to
21 the license expiration date, the department shall deliver or
22 mail to each licensee the necessary renewal forms. Any
23 licensee who does not file his or her application and fees and
24 any other requisite documents, as required by law, with the
25 department at least 30 days prior to the license expiration
26 date shall cease to engage in business as a motor vehicle
27 dealer on the license expiration date. A renewal filed with
28 the department within 45 days after the expiration date shall
29 be accompanied by a delinquent fee of $100 unless determined
30 otherwise pursuant to s. 216.1817. Thereafter, a new
31 application is required, accompanied by the initial license
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1 fee. A license certificate duly issued by the department may
2 be modified by endorsement to show a change in the name of the
3 licensee, provided, as shown by affidavit of the licensee, the
4 majority ownership interest of the licensee has not changed or
5 the name of the person appearing as franchisee on the sales
6 and service agreement has not changed. Modification of a
7 license certificate to show any name change as herein provided
8 shall not require initial licensure or reissuance of dealer
9 tags; however, any dealer obtaining a name change shall
10 transact all business in and be properly identified by that
11 name. All documents relative to licensure shall reflect the
12 new name. In the case of a franchise dealer, the name change
13 shall be approved by the manufacturer, distributor, or
14 importer. A licensee applying for a name change endorsement
15 shall pay a fee of $25 unless determined otherwise pursuant to
16 s. 216.1817, which fee shall apply to the change in the name
17 of a main location and all additional locations licensed under
18 the provisions of subsection (5). Each initial license
19 application received by the department shall be accompanied by
20 verification that, within the preceding 6 months, the
21 applicant, or one or more of his or her designated employees,
22 has attended a training and information seminar conducted by
23 the department. Such seminar shall include, but is not limited
24 to, statutory dealer requirements, which requirements include
25 required bookkeeping and recordkeeping procedures,
26 requirements for the collection of sales and use taxes, and
27 such other information that in the opinion of the department
28 will promote good business practices. No seminar may exceed 8
29 hours in length.
30 (b) Each initial license application received by the
31 department for licensure under subparagraph (1)(c)2. must be
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1 accompanied by verification that, within the preceding 6
2 months, the applicant (owner, partner, officer of the
3 corporation, or director) has successfully completed training
4 conducted by a licensed motor vehicle dealer training school.
5 Such training must include training in titling and
6 registration of motor vehicles, laws relating to unfair and
7 deceptive trade practices, laws relating to financing with
8 regard to buy-here, pay-here operations, and such other
9 information that in the opinion of the department will promote
10 good business practices. Successful completion of this
11 training shall be determined by examination administered at
12 the end of the course and attendance of no less than 90
13 percent of the total hours required by such school. Any
14 applicant who had held a valid motor vehicle dealer's license
15 within the past 2 years and who remains in good standing with
16 the department is exempt from the requirements of this
17 paragraph. In the case of nonresident applicants, the
18 requirement to attend such training shall be placed on any
19 employee of the licensee who holds a responsible
20 management-level position and who is employed full-time at the
21 motor vehicle dealership. The department shall have the
22 authority to adopt any rule necessary for establishing the
23 training curriculum; length of training, which shall not
24 exceed 8 hours for required department topics and shall not
25 exceed an additional 24 hours for topics related to other
26 regulatory agencies' instructor qualifications; and any other
27 requirements under this section. The curriculum for other
28 subjects shall be approved by any and all other regulatory
29 agencies having jurisdiction over specific subject matters;
30 however, the overall administration of the licensing of these
31 dealer schools and their instructors shall remain with the
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1 department. Such schools are authorized to charge a fee.
2 This privatized method for training applicants for dealer
3 licensing pursuant to subparagraph (1)(c)2. is a pilot program
4 that shall be evaluated by the department after it has been in
5 operation for a period of 2 years.
6 (5) SUPPLEMENTAL LICENSE.--Any person licensed
7 hereunder shall obtain a supplemental license for each
8 permanent additional place or places of business not
9 contiguous to the premises for which the original license is
10 issued, on a form to be furnished by the department, and upon
11 payment of a fee of $50 for each such additional location
12 unless determined otherwise pursuant to s. 216.1817. Upon
13 making renewal applications for such supplemental licenses,
14 such applicant shall pay $50 for each additional location
15 unless determined otherwise pursuant to s. 216.1817. A
16 supplemental license authorizing off-premises sales shall be
17 issued, at no charge to the dealer, for a period not to exceed
18 10 consecutive calendar days. To obtain such a temporary
19 supplemental license for off-premises sales, the applicant
20 must be a licensed dealer; must notify the applicable local
21 department office of the specific dates and location for which
22 such license is requested, display a sign at the licensed
23 location clearly identifying the dealer, and provide staff to
24 work at the temporary location for the duration of the
25 off-premises sale; must meet any local government permitting
26 requirements; and must have permission of the property owner
27 to sell at that location. In the case of an off-premises sale
28 by a motor vehicle dealer licensed under subparagraph (1)(c)1.
29 for the sale of new motor vehicles, the applicant must also
30 include documentation notifying the applicable licensee
31 licensed under s. 320.61 of the intent to engage in an
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1 off-premises sale 5 working days prior to the date of the
2 off-premises sale. The licensee shall either approve or
3 disapprove of the off-premises sale within 2 working days
4 after receiving notice; otherwise, it will be deemed approved.
5 This section does not apply to a nonselling motor vehicle show
6 or public display of new motor vehicles.
7 Section 86. Section 320.62, Florida Statutes, is
8 amended to read:
9 320.62 Licenses; amount; disposition of proceeds.--The
10 initial license for each manufacturer, distributor, or
11 importer shall be $300 unless determined otherwise pursuant to
12 s. 216.1817, and shall be in addition to all other licenses or
13 taxes now or hereafter levied, assessed, or required of the
14 applicant or licensee. The annual renewal license fee shall
15 be $100 unless determined otherwise pursuant to s. 216.1817.
16 The proceeds from all licenses under ss. 320.60-320.70 shall
17 be paid into the State Treasury to the credit of the General
18 Revenue Fund. All licenses shall be payable on or before
19 October 1 of each year and shall expire, unless sooner revoked
20 or suspended, on the following September 30.
21 Section 87. Subsection (4) of section 320.77, Florida
22 Statutes, is amended to read:
23 320.77 License required of mobile home dealers.--
24 (4) FEES.--Upon making initial application, the
25 applicant shall pay to the department a fee of $300 unless
26 determined otherwise pursuant to s. 216.1817, in addition to
27 any other fees now required by law. The fee for renewal
28 application shall be $100 unless determined otherwise pursuant
29 to s. 216.1817. The fee for application for change of location
30 shall be $25 unless determined otherwise pursuant to s.
31 216.1817. Any applicant for renewal who has failed to submit
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1 his or her renewal application by October 1 shall pay a
2 renewal application fee equal to the original application fee.
3 No fee is refundable. All fees shall be deposited into the
4 General Revenue Fund.
5 Section 88. Subsection (4) of section 320.771, Florida
6 Statutes, is amended to read:
7 320.771 License required of recreational vehicle
8 dealers.--
9 (4) FEES.--Upon making initial application, the
10 applicant shall pay to the department a fee of $300 unless
11 determined otherwise pursuant to s. 216.1817, in addition to
12 any other fees now required by law. The fee for renewal
13 application shall be $100 unless determined otherwise pursuant
14 to s. 216.1817. The fee for application for change of location
15 shall be $25 unless determined otherwise pursuant to s.
16 216.1817. Any applicant for renewal who has failed to submit
17 his or her renewal application by October 1 shall pay a
18 renewal application fee equal to the original application fee.
19 No fee is refundable. All fees shall be deposited into the
20 General Revenue Fund.
21 Section 89. Subsection (2) of section 320.781, Florida
22 Statutes, is amended to read:
23 320.781 Mobile Home and Recreational Vehicle
24 Protection Trust Fund.--
25 (2) Beginning October 1, 1990, the department shall
26 charge and collect an additional fee of $1, unless determined
27 otherwise pursuant to s. 216.1817, for each new mobile home
28 and new recreational vehicle title transaction for which it
29 charges a fee. This additional fee shall be deposited into
30 the trust fund. The Department of Highway Safety and Motor
31 Vehicles shall charge a fee of $40, unless determined
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1 otherwise pursuant to s. 216.1817, per annual dealer and
2 manufacturer license and license renewal, which shall be
3 deposited into the trust fund. The sums deposited in the trust
4 fund shall be used exclusively for carrying out the purposes
5 of this section. These sums may be invested and reinvested by
6 the Treasurer under the same limitations as apply to
7 investment of other state funds, with all interest from these
8 investments deposited to the credit of the trust fund.
9 Section 90. Subsection (3) of section 320.8225,
10 Florida Statutes, is amended to read:
11 320.8225 Mobile home and recreational vehicle
12 manufacturer's license.--
13 (3) FEES.--Upon making initial application, the
14 applicant shall pay to the department a fee of $300 unless
15 determined otherwise pursuant to s. 216.1817. Upon making
16 renewal application, the applicant shall pay to the department
17 a fee of $100 unless determined otherwise pursuant to s.
18 216.1817. Any applicant for renewal who has failed to submit
19 his or her renewal application by October 1 shall pay a
20 renewal application fee equal to the original application fee.
21 No fee is refundable. All fees shall be deposited into the
22 General Revenue Fund.
23 Section 91. Subsections (1), (2), and (3) of section
24 320.8249, Florida Statutes, are amended to read:
25 320.8249 Mobile home installers license.--
26 (1) Any person who engages in mobile home installation
27 shall obtain a mobile home installers license from the Bureau
28 of Mobile Home and Recreational Vehicle Construction of the
29 Department of Highway Safety and Motor Vehicles pursuant to
30 this section. Said license shall be renewed annually, and
31
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1 each licensee shall pay a fee of $150 unless determined
2 otherwise pursuant to s. 216.1817.
3 (2) The Department of Highway Safety and Motor
4 Vehicles shall issue a license as a mobile home installer to
5 any person who applies to the department, pays the appropriate
6 application fee, not to exceed $100, as set by department
7 rule, unless determined otherwise pursuant to s. 216.1817, and
8 complies with subsection (3).
9 (3) In order to obtain licensure as a mobile home
10 installer, the applicant must be at least 18 years old, must
11 hold a valid performance bond in an amount set by department
12 rule, not to exceed $5,000, conditioned upon proper
13 performance of mobile home installation and weather-sealing
14 duties for a period of 1 year, must carry liability insurance
15 in an amount determined by department rule, not to exceed
16 $100,000, must complete a minimum 8-hour training course
17 approved by the department, and must pass a
18 department-approved examination designed to test the skills
19 necessary to properly and competently perform mobile home
20 installation and to ascertain that the applicant has adequate
21 knowledge of federal, state, and local laws applicable to
22 mobile home installation contracting. The department may
23 charge an examination fee sufficient to defray the costs of
24 developing or obtaining and providing the examination, not to
25 exceed $100 unless determined otherwise pursuant to s.
26 216.1817. Any licensed dealer or licensed manufacturer who has
27 subcontracted with an installer for installation and who
28 remedies any faulty installation performed by said installer
29 shall have recourse against said installer's performance bond.
30 Section 92. Subsections (3) and (4) of section
31 320.8255, Florida Statutes, are amended to read:
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1 320.8255 Mobile home inspection.--
2 (3) Mobile home manufacturers and dealers shall be
3 charged a fee pursuant to s. 216.1817 for special inspections,
4 including, but not limited to, plant approvals, 100 percent
5 plant inspections, increased frequency inspections,
6 reinspections, and special consumer complaint investigations
7 as requested by a manufacturer or dealer or as may be deemed
8 necessary by the department.
9 (4) The department shall determine fees pursuant to s.
10 216.1817 for special inspections and for the label authorized
11 under s. 320.827 which are sufficient to cover the cost of
12 inspection and administration under this section. Fees
13 collected shall be deposited into the General Revenue Fund.
14 Section 93. Subsection (4) of section 320.8285,
15 Florida Statutes, is amended to read:
16 320.8285 Onsite inspection.--
17 (4) Fees for onsite inspections and certificates of
18 occupancy of mobile homes shall be reasonable for the services
19 performed. A guideline for fee schedules pursuant to s.
20 216.1817 shall be issued by the department.
21 Section 94. Section 321.25, Florida Statutes, is
22 amended to read:
23 321.25 Training provided at patrol schools.--The
24 Department of Highway Safety and Motor Vehicles is authorized
25 to provide for the training of law enforcement officials and
26 individuals in matters relating to the duties, functions, and
27 powers of the Florida Highway Patrol in the schools
28 established by the department for the training of highway
29 patrol candidates and officers. The Department of Highway
30 Safety and Motor Vehicles is authorized to charge a fee
31 pursuant to s. 216.1817, for providing the training authorized
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1 by this section. The fee shall be charged to persons attending
2 the training. The fee shall be based on the Department of
3 Highway Safety and Motor Vehicles' costs for providing the
4 training, and such costs may include, but are not limited to,
5 tuition, lodging, and meals. Revenues from the fees shall be
6 used to offset the Department of Highway Safety and Motor
7 Vehicles' costs for providing the training. The cost of
8 training local enforcement officers shall be paid for by their
9 respective offices, counties or municipalities, as the case
10 may be. Such cost shall be deemed a proper county or municipal
11 expense or a proper expenditure of the office of sheriff.
12 Section 95. Paragraph (b) of subsection (1) of section
13 322.051, and subsections (2) and (3) of that section, are
14 amended to read:
15 322.051 Identification cards.--
16 (1) Any person who is 12 years of age or older, or any
17 person who has a disability, regardless of age, who applies
18 for a disabled parking permit under s. 320.0848, may be issued
19 an identification card by the department upon completion of an
20 application and payment of an application fee.
21 (b) An application for an identification card must be
22 signed and verified by the applicant in a format designated by
23 the department before a person authorized to administer oaths.
24 The fee for an identification card is $3 unless determined
25 otherwise pursuant to s. 216.1817, including payment for the
26 color photograph or digital image of the applicant.
27 (2) Every identification card shall expire, unless
28 canceled earlier, on the fourth birthday of the applicant
29 following the date of original issue. However, if an
30 individual is 60 years of age or older, and has an
31 identification card issued under this section, the card shall
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1 not expire unless done so by cancellation by the department or
2 by the death of the cardholder. Renewal of any identification
3 card shall be made for a term which shall expire on the fourth
4 birthday of the applicant following expiration of the
5 identification card renewed, unless surrendered earlier. Any
6 application for renewal received later than 90 days after
7 expiration of the identification card shall be considered the
8 same as an application for an original identification card.
9 Unless determined otherwise pursuant to s. 216.1817, the
10 renewal fee for an identification card shall be $3. The
11 department shall, at the end of 4 years and 6 months after the
12 issuance or renewal of an identification card, destroy any
13 record of the card if it has expired and has not been renewed,
14 unless the cardholder is 60 years of age or older.
15 (3) In the event an identification card issued under
16 this section is lost, destroyed, or mutilated or a new name is
17 acquired, the person to whom it was issued may obtain a
18 duplicate upon furnishing satisfactory proof of such fact to
19 the department and upon payment of a fee of $2.50 for such
20 duplicate unless determined otherwise pursuant to s. 216.1817,
21 which shall include payment for the color photograph or
22 digital image of the applicant. Any person who loses an
23 identification card and who, after obtaining a duplicate,
24 finds the original card shall immediately surrender the
25 original card to the department. The same documentary
26 evidence shall be furnished for a duplicate as for an original
27 identification card.
28 Section 96. Paragraph (b) of subsection (1) of section
29 322.081, Florida Statutes, is amended to read:
30 322.081 Requests to establish voluntary check-off on
31 driver's license application.--
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1 (1) An organization that seeks authorization to
2 establish a voluntary contribution on a driver's license
3 application must submit to the department:
4 (b) An application fee, not to exceed $10,000 unless
5 determined otherwise pursuant to s. 216.1817, to defray the
6 department's cost for reviewing the application and developing
7 the voluntary contribution checkoff, if authorized. State
8 funds may not be used to pay the application fee.
9
10 The information required under this subsection must be
11 submitted to the department at least 90 days before the
12 convening of the next regular session of the Legislature.
13 Section 97. Subsection (2) of section 322.12, Florida
14 Statutes, is amended to read:
15 322.12 Examination of applicants.--
16 (2) The department shall examine every applicant for a
17 driver's license, including an applicant who is licensed in
18 another state or country, except as otherwise provided in this
19 chapter. A person who holds a learner's driver's license as
20 provided for in s. 322.1615 is not required to pay a fee for
21 successfully completing the examination showing his or her
22 ability to operate a motor vehicle as provided for herein and
23 need not pay the fee for a replacement license as provided in
24 s. 322.17(2). Any person who applies for reinstatement
25 following the suspension or revocation of his or her driver's
26 license shall pay a service fee of $25 following a suspension,
27 unless determined otherwise pursuant to s. 216.1817, and $50
28 following a revocation, unless determined otherwise pursuant
29 to s. 216.1817, which is in addition to the fee for a license.
30 Any person who applies for reinstatement of a commercial
31 driver's license following the disqualification of his or her
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1 privilege to operate a commercial motor vehicle shall pay a
2 service fee of $50 unless determined otherwise pursuant to s.
3 216.1817, which is in addition to the fee for a license. The
4 department shall collect all of these fees at the time of
5 reinstatement. The department shall issue proper receipts for
6 such fees and shall promptly transmit all funds received by it
7 as follows:
8 (a) Of the $25 fee received from a licensee for
9 reinstatement following a suspension, the department shall
10 deposit 60 percent $15 in the General Revenue Fund and the
11 remaining 40 percent $10 in the Highway Safety Operating Trust
12 Fund.
13 (b) Of the $50 fee received from a licensee for
14 reinstatement following a revocation or disqualification, the
15 department shall deposit 70 percent $35 in the General Revenue
16 Fund and the remaining 30 percent $15 in the Highway Safety
17 Operating Trust Fund.
18
19 If the revocation or suspension of the driver's license was
20 for a violation of s. 316.193, or for refusal to submit to a
21 lawful breath, blood, or urine test, an additional fee of $105
22 must be charged. However, only one such $105 fee is to be
23 collected from one person convicted of such violations arising
24 out of the same incident. The department shall collect the
25 $105 fee and deposit it into the Highway Safety Operating
26 Trust Fund at the time of reinstatement of the person's
27 driver's license, but the fee must not be collected if the
28 suspension or revocation was overturned.
29 Section 98. Paragraph (c) of subsection (1) of section
30 322.135, Florida Statutes, is amended to read:
31 322.135 Driver's license agents.--
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1 (1) The department may, upon application, authorize
2 any or all of the tax collectors in the several counties of
3 the state, subject to the requirements of law, in accordance
4 with rules of the department, to serve as its agent for the
5 provision of specified driver's license services.
6 (c) Unless determined otherwise pursuant to s.
7 216.1817, a fee of $5.25 is to be charged, in addition to the
8 fees set forth in this chapter, for any driver's license
9 issued or renewed by a tax collector. One dollar of the $5.25
10 fee must be deposited into the Highway Safety Operating Trust
11 Fund.
12 Section 99. Paragraph (a) of subsection (1) and
13 subsection (2) of section 322.17, Florida Statutes, are
14 amended to read:
15 322.17 Duplicate and replacement certificates.--
16 (1)(a) In the event that an instruction permit or
17 driver's license issued under the provisions of this chapter
18 is lost or destroyed, the person to whom the same was issued
19 may, upon payment of a fee $10, obtain a duplicate, or
20 substitute thereof, upon furnishing proof satisfactory to the
21 department that such permit or license has been lost or
22 destroyed, and further furnishing the full name, date of
23 birth, sex, residence and mailing address, proof of birth
24 satisfactory to the department, and proof of identity
25 satisfactory to the department. The fee is $10 unless
26 determined otherwise pursuant to s. 216.1817. Fifty percent
27 Five dollars of the fee levied in this paragraph shall go to
28 the Highway Safety Operating Trust Fund of the department.
29 (2) Upon the surrender of the original license and the
30 payment of a $10 replacement fee, the department shall issue a
31 replacement license to make a change in name, address, or
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1 restrictions. The replacement fee is $10 unless determined
2 otherwise pursuant to s. 216.1817. Upon written request by the
3 licensee and notification of a change in address, and the
4 payment of a $10 fee, the department shall issue an address
5 sticker which shall be affixed to the back of the license by
6 the licensee. The fee is $10 unless determined otherwise
7 pursuant to s. 216.1817. Ninety percent Nine dollars of the
8 fee levied in this subsection shall go to the Highway Safety
9 Operating Trust Fund of the department.
10 Section 100. Subsection (2) of section 322.29, Florida
11 Statutes, is amended to read:
12 322.29 Surrender and return of license.--
13 (2) The provisions of subsection (1) to the contrary
14 notwithstanding, no examination is required for the return of
15 a license suspended under s. 318.15 or s. 322.245 unless an
16 examination is otherwise required by this chapter. Every
17 person applying for the return of a license suspended under s.
18 318.15 or s. 322.245 shall present to the department
19 certification from the court that he or she has complied with
20 all obligations and penalties imposed on him or her pursuant
21 to s. 318.15 or, in the case of a suspension pursuant to s.
22 322.245, that he or she has complied with all directives of
23 the court and the requirements of s. 322.245 and shall pay to
24 the department a nonrefundable service fee of $25 unless
25 determined otherwise pursuant to s. 216.1817. However, the
26 service fee is not required if the person is required to pay a
27 $25 fee or $50 fee under the provisions of s. 322.12(2).
28 Section 101. Paragraphs (c) and (d) of subsection (2)
29 of section 322.292, Florida Statutes, are amended to read:
30 322.292 DUI programs supervision; powers and duties of
31 the department.--
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1 (2) The department shall adopt rules to implement its
2 supervisory authority over DUI programs in accordance with the
3 procedures of chapter 120, including the establishment of
4 uniform standards of operation for DUI programs and the method
5 for setting and approving fees, as follows:
6 (c) Implement procedures for the granting and revoking
7 of licenses for DUI programs, including:
8 1. A uniform application fee not to exceed $1,000
9 unless determined otherwise pursuant to s. 216.1817. The fee
10 shall be but in an amount sufficient to cover the department's
11 administrative costs in processing and evaluating DUI program
12 license applications. The application fee shall not apply to
13 programs that apply for licensure to serve a county that does
14 not have a currently licensed DUI program or where the
15 currently licensed program has relinquished its license.
16 2. In considering an application for approval of a DUI
17 program, the department shall determine whether improvements
18 in service may be derived from the operation of the DUI
19 program and the number of clients currently served in the
20 circuit. The department shall apply the following criteria:
21 a. The increased frequency of classes and availability
22 of locations of services offered by the applicant DUI program.
23 b. Services and fees offered by the applicant DUI
24 program and any existing DUI program.
25 c. The number of DUI clients currently served and
26 historical trends in the number of clients served in the
27 circuit.
28 d. The availability, accessibility, and service
29 history of any existing DUI program services.
30 e. The applicant DUI program's service history.
31
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1 f. The availability of resources, including personnel,
2 demonstrated management capability, and capital and operating
3 expenditures of the applicant DUI program.
4 g. Improved services to minority and special needs
5 clients.
6 3. Authority for competing applicants and currently
7 licensed DUI programs serving the same geographic area to
8 request an administrative hearing under chapter 120 to contest
9 the department's determination of need for an additional
10 licensed DUI program in that area.
11 4. A requirement that the department revoke the
12 license of any DUI program that does not provide the services
13 specified in its application within 45 days after licensure
14 and notify the chief judge of that circuit of such revocation.
15 5. A requirement that all applicants for initial
16 licensure as a DUI program in a particular circuit on and
17 after the effective date of this act must, at a minimum,
18 satisfy each of the following criteria:
19 a. Maintain a primary business office in the circuit
20 which is located in a permanent structure that is readily
21 accessible by public transportation, if public transportation
22 is available. The primary business office must be adequately
23 staffed and equipped to provide all DUI program support
24 services, including registration and a file for each person
25 who registers for the program.
26 b. Have a satellite office for registration of DUI
27 offenders in each county in the circuit which is located in a
28 permanent structure that is readily accessible by public
29 transportation, if public transportation is available. A
30 satellite office is not required in any county where the total
31
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1 number of DUI convictions in the most recent calendar year is
2 less than 200.
3 c. Have a classroom in each county in the circuit
4 which is located in a permanent structure that is readily
5 accessible by public transportation, if public transportation
6 is available. A classroom is not required in any county where
7 the total number of DUI convictions in the most recent
8 calendar year is less than 100. A classroom may not be located
9 within 250 feet of any business that sells alcoholic
10 beverages. However, a classroom shall not be required to be
11 relocated when a business selling alcoholic beverages locates
12 to within 250 feet of the classroom.
13 d. Have a plan for conducting all DUI education
14 courses, evaluation services, and other services required by
15 the department. The level I DUI education course must be
16 taught in four segments, with no more than 6 hours of
17 classroom instruction provided to any offender each day.
18 e. Employ at least 1 full-time certified addiction
19 professional for the program at all times.
20 f. Document support from community agencies involved
21 in DUI education and substance abuse treatment in the circuit.
22 g. Have a volunteer board of directors and advisory
23 committee made up of citizens who reside in the circuit in
24 which licensure is sought.
25 h. Submit documentation of compliance with all
26 applicable federal, state, and local laws, including, but not
27 limited to, the Americans with Disabilities Act.
28 (d) Pursuant to s. 216.1817, establish a fee structure
29 for the various programs offered by the DUI programs, based
30 only on the reasonable and necessary costs for operating the
31
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1 programs throughout the state. The department shall approve,
2 modify, or reduce fees as necessary.
3 Section 102. Section 324.071, Florida Statutes, is
4 amended to read:
5 324.071 Reinstatement; renewal of license;
6 reinstatement fee.--Any operator or owner whose license or
7 registration has been suspended pursuant to s. 324.051(2), s.
8 324.072, s. 324.081, or s. 324.121 may effect its
9 reinstatement upon compliance with the provisions of s.
10 324.051(2)(a)3. or 4., or s. 324.081(2) and (3), as the case
11 may be, and with one of the provisions of s. 324.031 and upon
12 payment to the department of a nonrefundable reinstatement fee
13 of $15. The reinstatement fee is $15 unless determined
14 otherwise pursuant to s. 216.1817. Only one such fee shall be
15 paid by any one person irrespective of the number of licenses
16 and registrations to be then reinstated or issued to such
17 person. All such fees shall be deposited to a department trust
18 fund. When the reinstatement of any license or registration
19 is effected by compliance with s. 324.051(2)(a)3. or 4., the
20 department shall not renew the license or registration within
21 a period of 3 years from such reinstatement, nor shall any
22 other license or registration be issued in the name of such
23 person, unless the operator is continuing to comply with one
24 of the provisions of s. 324.031.
25 Section 103. Subsection (7) of section 325.223,
26 Florida Statutes, is amended to read:
27 325.223 Training and certification requirements; sale
28 of refrigerants; penalties.--
29 (7) The department shall establish appropriate fees
30 for the issuance and annual or biennial renewal of
31 certificates of compliance. In setting these fees, the
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1 department shall take into consideration the cost to the
2 department of administering and enforcing this section,
3 provided that such fees shall not exceed $50 per annum unless
4 determined otherwise pursuant to s. 216.1817.
5 Section 104. Subsections (5) and (13) of section
6 326.004, Florida Statutes, are amended to read:
7 326.004 Licensing.--
8 (5) The division by rule shall establish fees for
9 application, initial licensing, biennial renewal, and
10 reinstatement of licenses in an amount not to exceed $500
11 unless determined otherwise pursuant to s. 216.1817. The fees
12 must be set in an amount that is adequate to proportionately
13 fund the expenses of the division in ss. 326.001-326.006.
14 (13) Each broker must maintain a principal place of
15 business in this state and may establish branch offices in the
16 state. A separate license must be maintained for each branch
17 office. The division shall establish by rule a fee not to
18 exceed $100 for each branch office license unless determined
19 otherwise pursuant to s. 216.1817.
20 Section 105. Subsection (3) of section 328.73, Florida
21 Statutes, is amended to read:
22 328.73 Registration; duties of tax collectors.--
23 (3) Unless determined otherwise pursuant to s.
24 216.1817, a fee of 50 cents shall be charged in addition to
25 the fees required under s. 328.72 on every vessel decal
26 registration sold to cover the cost of the Florida Real Time
27 Vehicle Information System. The fees collected under this
28 section shall be deposited into the Highway Safety Operating
29 Trust Fund and shall be used to fund that system and may be
30 used to fund the general operations of the department.
31
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1 Section 106. Paragraph (a) of subsection (1) and
2 paragraphs (a) and (d) of subsection (2) of section 330.30,
3 Florida Statutes, are amended to read:
4 330.30 Approval of airport sites and licensing of
5 airports; fees.--
6 (1) SITE APPROVALS; REQUIREMENTS, FEES, EFFECTIVE
7 PERIOD, REVOCATION.--
8 (a) Except as provided in subsection (3), the owner or
9 lessee of any proposed airport shall, prior to the acquisition
10 of the site or prior to the construction or establishment of
11 the proposed airport, obtain approval of the airport site from
12 the department. Applications for approval of a site and for
13 an original license shall be jointly made on a form prescribed
14 by the department and shall be accompanied by a site approval
15 fee of $100 unless determined otherwise pursuant to s.
16 216.1817. The department, after inspection of the airport
17 site, shall grant the site approval if it is satisfied:
18 1. That the site is adequate for the proposed airport;
19 2. That the proposed airport, if constructed or
20 established, will conform to minimum standards of safety and
21 will comply with applicable county or municipal zoning
22 requirements;
23 3. That all nearby airports, municipalities, and
24 property owners have been notified and any comments submitted
25 by them have been given adequate consideration; and
26 4. That safe air-traffic patterns can be worked out
27 for the proposed airport and for all existing airports and
28 approved airport sites in its vicinity.
29 (2) LICENSES; REQUIREMENTS, FEES, RENEWAL,
30 REVOCATION.--
31
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1 (a) Except as provided in subsection (3), the owner or
2 lessee of an airport in this state must obtain a license prior
3 to the operation of aircraft on the airport. An application
4 for such license shall be made on a form prescribed by the
5 department and shall be accomplished jointly with an
6 application for site approval. Upon granting site approval,
7 making a favorable final airport inspection report indicating
8 compliance with all license requirements, and receiving the
9 appropriate license fee, the department shall issue a license
10 to the applicant, subject to any reasonable conditions that
11 the department may deem necessary to protect the public
12 health, safety, or welfare. The license fee shall be
13 determined pursuant to s. 216.1817.
14 (d) Unless determined otherwise pursuant to s.
15 216.1817, the license fees for the four categories of airport
16 licenses are:
17 1. Public airport: $100.
18 2. Private airport: $70.
19 3. Limited airport: $50.
20 4. Temporary airport: $25.
21
22 Airports owned or operated by the state, a county, or a
23 municipality and emergency helistops operated by licensed
24 hospitals are required to be licensed but are exempt from the
25 payment of site approval fees and annual license fees.
26 Section 107. Subsection (1) of section 334.30, Florida
27 Statutes, is amended to read:
28 334.30 Private transportation facilities.--The
29 Legislature hereby finds and declares that there is a public
30 need for rapid construction of safe and efficient
31 transportation facilities for the purpose of travel within the
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1 state, and that it is in the public's interest to provide for
2 the construction of additional safe, convenient, and
3 economical transportation facilities.
4 (1) The department may receive or solicit proposals
5 and, with legislative approval by a separate bill for each
6 facility, enter into agreements with private entities, or
7 consortia thereof, for the building, operation, ownership, or
8 financing of transportation facilities. Pursuant to s.
9 216.1817, the department shall by rule establish an
10 application fee for the submission of proposals under this
11 section. The fee must be sufficient to pay the costs of
12 evaluating the proposals. The department may engage the
13 services of private consultants to assist in the evaluation.
14 Before seeking legislative approval, the department must
15 determine that the proposed project:
16 (a) Is in the public's best interest;
17 (b) Would not require state funds to be used unless
18 there is an overriding state interest; and
19 (c) Would have adequate safeguards in place to ensure
20 that no additional costs or service disruptions would be
21 realized by the traveling public and citizens of the state in
22 the event of default or cancellation of the agreement by the
23 department.
24
25 The department shall ensure that all reasonable costs to the
26 state and substantially affected local governments and
27 utilities, related to the private transportation facility, are
28 borne by the private entity.
29 Section 108. Section 335.183, Florida Statutes, is
30 amended to read:
31
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1 335.183 Permit application fee.--The department shall
2 establish, by rule, a graduated schedule of fees for permit
3 applications made to the department. Such fees shall be
4 nonrefundable and shall be used to offset the costs of
5 administering the access permit review process and the costs
6 associated with administering the provisions of this act. In
7 no event shall a fee be more than $5,000 unless determined
8 otherwise pursuant to s. 216.1817.
9 Section 109. Subsection (3) of section 339.0805,
10 Florida Statutes, is amended to read:
11 339.0805 Funds to be expended with certified
12 disadvantaged business enterprises; specified percentage to be
13 expended; construction management development program; bond
14 guarantee program.--It is the policy of the state to
15 meaningfully assist socially and economically disadvantaged
16 business enterprises through a program that will provide for
17 the development of skills through construction and business
18 management training, as well as by providing contracting
19 opportunities and financial assistance in the form of bond
20 guarantees, to primarily remedy the effects of past economic
21 disparity.
22 (3) The head of the department is authorized to expend
23 up to 6 percent of the funds specified in subsection (1) which
24 are designated to be expended on small business firms owned
25 and controlled by socially and economically disadvantaged
26 individuals to conduct, by contract or otherwise, a
27 construction management development program. Participation in
28 the program will be limited to those firms which are certified
29 under the provisions of subsection (1) by the department or
30 the federal Small Business Administration or to any firm which
31 has annual gross receipts not exceeding $2 million averaged
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1 over a 3-year period. The program will consist of classroom
2 instruction and on-the-job instruction. To the extent
3 feasible, pursuant to s. 216.1817, the registration fee shall
4 be set to cover the cost of instruction and overhead. No
5 salary will be paid to any participant.
6 (a) Classroom instruction will consist of, but is not
7 limited to, project planning methods for identifying
8 personnel, equipment, and financial resource needs;
9 bookkeeping; state bidding and bonding requirements; state and
10 federal tax requirements; and strategies for obtaining loans,
11 bonding, and joint venture agreements.
12 (b) On-the-job instruction will consist of, but is not
13 limited to, setting up the job site; cash-flow methods;
14 project scheduling; quantity takeoffs; estimating; reading
15 plans and specifications; department procedures on billing and
16 payments; quality assessment and control methods; and bid
17 preparation methods.
18 (c) Contractors who have demonstrated satisfactory
19 project performance, as defined by the department, can be
20 exempted from the provisions of paragraphs (a) and (b) and be
21 validated as meeting the minimum curriculum standards of
22 proficiency, in the same manner as participants who
23 successfully complete the construction management development
24 program only if they intend to apply for funds provided for in
25 subsection (4).
26 (d) The department shall develop, under contract with
27 the State University System, the community college system, a
28 school district in behalf of its vocational-technical center,
29 or a private consulting firm, a curriculum for instruction in
30 the courses that will lead to a certification of proficiency
31 in the construction management development program.
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1 Section 110. Subsection (4) of section 341.325,
2 Florida Statutes, is amended to read:
3 341.325 Special powers and duties of the
4 department.--The department is empowered to perform any or all
5 of the following special powers and duties:
6 (4) To assess a reasonable application fee for each
7 application for a franchise pursuant to s. 216.1817.
8 Section 111. Subsection (3) of section 341.329,
9 Florida Statutes, is amended to read:
10 341.329 Bonds; project financing.--
11 (3) The department may determine the high-speed rail
12 transportation facilities to be financed under this section
13 and may assess reasonable application fees or other fees
14 pursuant to s. 216.1817, to reimburse administrative costs
15 incurred in processing applications for financing.
16 Section 112. Section 341.369, Florida Statutes, is
17 amended to read:
18 341.369 Fees; disposition.--The department shall
19 charge each applicant the following fees:
20 (1) An initial nonrefundable franchise application fee
21 of $25,000 unless determined otherwise pursuant to s.
22 216.1817, to be submitted to the department.
23 (2)(a) A certification application fee of $2,000
24 unless determined otherwise pursuant to s. 216.1817 for each
25 mile of proposed high-speed rail transportation system
26 corridor, to be paid to the department upon the filing of the
27 certification application. A minimum fee of $60,000 is
28 required for each application.
29 1. The certification application fee shall be used
30 first to pay those expenses associated with the costs of the
31 preparation and conduct of the hearings, the recording and
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1 transcription of the proceedings, and agency travel and per
2 diem.
3 2. If any sums remain after the payment of such
4 expenses, the fee shall be applied pro rata to reimburse all
5 reasonable expenses pursuant to ss. 341.3201-341.386 incurred
6 by the agencies that prepared and filed reports pursuant to s.
7 341.348. Any sums remaining after the payment of all
8 authorized costs shall be refunded to the applicant within 90
9 days after the issuance or denial of the certification or the
10 withdrawal of the application. The applicant shall be provided
11 with an itemized accounting of the expenditures.
12 (b) If a corridor alignment change is proposed by the
13 applicant, an application amendment fee pursuant to s.
14 216.1817 is required. The minimum amount of the fee is $3,000
15 plus $2,000 for each mile of realignment. An additional fee
16 may not be required if a corridor alignment change is not
17 proposed.
18 (c) A certification modification fee, to be submitted
19 to the department upon notification by the applicant that
20 modification pursuant to s. 341.368(2) and (3) is sought, and
21 to be used, disbursed, and accounted for in the same manner as
22 the certification application fee. If a corridor alignment
23 change is not proposed, the certification modification fee is
24 $3,000 unless determined otherwise pursuant to s. 216.1817. If
25 a corridor alignment change is proposed by the applicant, the
26 certification modification fee is $3,000 plus $2,000 for each
27 mile of realignment unless determined otherwise pursuant to s.
28 216.1817.
29 Section 113. Subsection (3) of section 350.113,
30 Florida Statutes, is amended to read:
31
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1 350.113 Florida Public Service Regulatory Trust Fund;
2 moneys to be deposited therein.--
3 (3) Each regulated company under the jurisdiction of
4 the commission, which company was in operation for the
5 preceding 6-month period, shall pay to the commission within
6 30 days following the end of each 6-month period, commencing
7 June 30, 1977, a fee based upon the gross operating revenues
8 for such period subject to the limitations of this subsection.
9 The fees shall, to the extent practicable, be related to the
10 cost of regulating such type of regulated company and shall in
11 no event be greater than:
12 (a) For each railroad operating under chapter 351,
13 one-eighth of 1 percent of its gross operating revenues
14 derived from intrastate business unless determined otherwise
15 pursuant to s. 216.1817.
16 (b) For each telephone company licensed or operating
17 under chapter 364, one-eighth of 1 percent of its gross
18 operating revenues derived from intrastate business unless
19 determined otherwise pursuant to s. 216.1817.
20 (c) For each "public utility" as defined in s. 366.02,
21 one-eighth of 1 percent of its gross operating revenues
22 derived from intrastate business, excluding sales for resale
23 between public utilities, municipal electric utilities, and
24 rural electric cooperatives, or any combination thereof unless
25 determined otherwise pursuant to s. 216.1817.
26 (d) For each municipal electric utility and rural
27 electric cooperative, one sixty-fourth of 1 percent of its
28 gross operating revenues derived from intrastate business,
29 excluding sales for resale between public utilities, municipal
30 electric utilities, and rural electric cooperatives, or any
31
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1 combination thereof unless determined otherwise pursuant to s.
2 216.1817.
3 (e) For each regulated company licensed under chapter
4 367, 2.5 percent of its gross revenues derived from intrastate
5 business unless determined otherwise pursuant to s. 216.1817.
6
7 Differences, if any, between the amount paid in any 6-month
8 period and the amount actually determined by the commission to
9 be due shall, upon notification by the commission, be
10 immediately paid or refunded. Each regulated company which is
11 subject to the jurisdiction of the commission, but which did
12 not operate under the commission's jurisdiction during the
13 entire preceding 6-month period, shall, within 30 days after
14 the close of the first 6-month period during which it
15 commenced operations under, or became subject to, the
16 jurisdiction of the commission, pay to the commission the
17 prescribed fee based upon its gross operating revenues derived
18 from intrastate business during those months or parts of
19 months in which the regulated company did operate during such
20 6-month period. In no event shall payments under this section
21 be less than $25 annually.
22 Section 114. Paragraph (c) of subsection (1) of
23 section 364.335, Florida Statutes, is amended to read:
24 364.335 Application for certificate.--
25 (1) Each applicant for a certificate shall:
26 (c) File the application fee required by the
27 commission in an amount not to exceed $250 unless determined
28 otherwise pursuant to s. 216.1817. Such fees shall be
29 deposited in accordance with s. 350.113.
30 Section 115. Subsection (3) of section 367.122,
31 Florida Statutes, is amended to read:
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1 367.122 Examination and testing of meters.--
2 (3) The commission shall establish reasonable fees
3 pursuant to s. 216.1817, to be paid for testing such meters on
4 the request of the customers. Current utility customers or
5 users may, at their discretion, pay the fee fixed by the
6 commission at the time of the request or have the utility
7 include the fee with their next regularly scheduled statement.
8 However, the fee shall be paid by the utility and repaid to
9 the customer or user if the meter is found defective or
10 incorrect to the disadvantage of the customer or user in
11 excess of the degree or amount of tolerance customarily
12 allowed for such meters, or as may be provided for in rules
13 and regulations of the commission. No fee may be charged for
14 any such testing done by the commission or its
15 representatives.
16 Section 116. Subsections (1) and (2) of section
17 367.145, Florida Statutes, are amended to read:
18 367.145 Regulatory assessment and application fees.--
19 (1) The commission shall set by rule a regulatory
20 assessment fee that each utility must pay once a year in
21 conjunction with filing its annual financial report required
22 by commission rule. Unless determined otherwise pursuant to s.
23 216.1817 and notwithstanding any provision of law to the
24 contrary, the amount of the regulatory assessment fee shall
25 not exceed 4.5 percent of the gross revenues of the utility
26 derived from intrastate business, excluding sales for resale
27 made to a regulated company.
28 (a) A governmental authority to which ownership or
29 control of a utility is transferred is not liable for any fees
30 owed the commission by the utility as of the date of transfer.
31 However, whenever a purchase at wholesale is made of any water
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1 or wastewater service and a fee is paid or payable thereon by
2 the selling utility and the utility purchasing such water or
3 wastewater service resells the same directly to customers, the
4 purchasing utility is entitled to, and must receive, credit on
5 such fees as may be due by it under this section to the extent
6 of the fee paid or payable upon such water or wastewater
7 service by the utility from which such purchase was made. All
8 such fee payments and penalties must be deposited in
9 accordance with s. 350.113.
10 (b) In addition to the penalties and interest
11 otherwise provided, the commission may impose a penalty upon a
12 utility for failure to pay regulatory assessment fees in a
13 timely manner in accordance with s. 367.161.
14 (2) Each utility shall pay an application fee,
15 established by the commission, for an original certificate of
16 authorization; an amendment to an existing certificate of
17 authorization; a request for rate relief in accordance with s.
18 367.081 or s. 367.0814; a proceeding pursuant to s. 367.0822;
19 service availability charges filed in accordance with s.
20 367.101; and when this chapter becomes applicable to a county
21 in accordance with s. 367.171. The amount of the application
22 fee determined by the commission may not exceed $4,500 unless
23 determined otherwise pursuant to s. 216.1817 and must be based
24 upon the existing or proposed capacity of the system,
25 extension, or deletion. All such fee payments must be
26 deposited in accordance with s. 350.113.
27 Section 117. Section 368.109, Florida Statutes, is
28 amended to read:
29 368.109 Regulatory assessment fees.--Unless determined
30 otherwise pursuant to s. 216.1817, each natural gas
31 transmission company operating under ss. 368.101-368.112, for
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1 all or any part of the preceding 6-month period, shall pay to
2 the commission, within 30 days following the end of each
3 6-month period, a fee that may not exceed 0.25 percent
4 annually of its gross operating revenues derived from
5 intrastate business excluding sales for resales to natural gas
6 transmission companies, public utilities that supply gas,
7 municipal gas utilities, and gas districts. The fee shall, to
8 the extent practicable, be related to the cost of regulating
9 such natural gas transmission companies.
10 Section 118. Subsection (3) of section 370.03, Florida
11 Statutes, is amended to read:
12 370.03 Water bottoms.--
13 (3) FEES FOR BOTTOM LEASES, ETC.--Unless determined
14 otherwise pursuant to s. 216.1817, the department shall charge
15 and receive a fee of $2 for each lease granted, and in all
16 other cases, not specifically provided by this chapter, the
17 same fees as are allowed clerks of the circuit court for like
18 services. All fees shall be paid by the party served.
19 Section 119. Section 372.60, Florida Statutes, is
20 amended to read:
21 372.60 Issuing of replacement license or permit.--A
22 license or permit to replace a lost or destroyed license may
23 be obtained by submitting an application requesting
24 replacement. Unless determined otherwise pursuant to s.
25 216.1817, the fee is $10 for each application for a
26 replacement of a lifetime license and $2 for each application
27 for replacement for any other license or permit, which shall
28 be for the purpose of, and the source from which is
29 subtracted, all administrative costs of issuing the license or
30 permit, including, but not limited to, printing, distribution,
31 and credit card fees. The office of the tax collector may
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1 retain $1 for each application for a replacement license. Fees
2 collected from the issuance of replacement lifetime licenses
3 and 5-year licenses shall be deposited into the Dedicated
4 License Trust Fund and shall be available for appropriation.
5 Section 120. Section 373.088, Florida Statutes, is
6 amended to read:
7 373.088 Application fees for certain real estate
8 transactions.--Pursuant to s. 216.1817, the governing board
9 may adopt rules to provide for the assessment and collection
10 of reasonable fees for the processing of applications for
11 sale, easement, lease, exchange, release, nonuse commitment,
12 disclaimer, quitclaim deed, or reissuance or correction of
13 deed with respect to any interest in lands, such fees to be
14 commensurate with the actual cost of processing such
15 applications.
16 Section 121. Paragraph (e) of subsection (1) of
17 section 373.309, Florida Statutes, is amended to read:
18 373.309 Authority to adopt rules and procedures.--
19 (1) The department shall adopt, and may from time to
20 time amend, rules governing the location, construction,
21 repair, and abandonment of water wells and shall be
22 responsible for the administration of this part. With respect
23 thereto, the department shall:
24 (e) Encourage prevention of potable water well
25 contamination and promote cost-effective remediation of
26 contaminated potable water supplies by use of the Water
27 Quality Assurance Trust Fund as provided in s. 376.307(1)(e)
28 and establish by rule:
29 1. Delineation of areas of groundwater contamination
30 for implementation of well location and construction, testing,
31 permitting, and clearance requirements as set forth in
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1 subparagraphs 2., 3., 4., 5., and 6. The department shall make
2 available to water management districts, regional planning
3 councils, the Department of Health, and county building and
4 zoning departments, maps or other information on areas of
5 contamination, including areas of ethylene dibromide
6 contamination. Such maps or other information shall be made
7 available to property owners, realtors, real estate
8 associations, property appraisers, and other interested
9 persons upon request and upon payment of appropriate costs.
10 2. Requirements for testing for suspected
11 contamination in areas of known contamination, as a
12 prerequisite for clearance of a water well for drinking
13 purposes. The department is authorized to establish criteria
14 for acceptance of water quality testing results from the
15 Department of Health and laboratories certified by the
16 Department of Health, and is authorized to establish
17 requirements for sample collection quality assurance.
18 3. Requirements for mandatory connection to available
19 potable water systems in areas of known contamination, wherein
20 the department may prohibit the permitting and construction of
21 new potable water wells.
22 4. Location and construction standards for public and
23 all other potable water wells permitted in areas of
24 contamination. Such standards shall be designed to minimize
25 the effects of such contamination.
26 5. A procedure for permitting all potable water wells
27 in areas of known contamination. Any new water well that is to
28 be used for drinking water purposes and that does not meet
29 construction standards pursuant to subparagraph 4. must be
30 abandoned and plugged by the owner. Water management districts
31 shall implement, through delegation from the department, the
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1 permitting and enforcement responsibilities of this
2 subparagraph.
3 6. A procedure for clearing for use all potable water
4 wells, except wells that serve a public water supply system,
5 in areas of known contamination. If contaminants are found
6 upon testing pursuant to subparagraph 2., a well may not be
7 cleared for use without a filter or other means of preventing
8 the users of the well from being exposed to deleterious
9 amounts of contaminants. The Department of Health shall
10 implement the responsibilities of this subparagraph.
11 7. Fees to be paid for well construction permits and
12 clearance for use. The fees shall be based on the actual costs
13 incurred by the water management districts, the Department of
14 Health, or other political subdivisions in carrying out the
15 responsibilities related to potable water well permitting and
16 clearance for use. Unless determined otherwise pursuant to s.
17 216.1817, the fees shall provide revenue to cover all such
18 costs and shall be set according to the following schedule:
19 a. The well construction permit fee may not exceed
20 $500.
21 b. The clearance fee may not exceed $50.
22 8. Procedures for implementing well-location,
23 construction, testing, permitting, and clearance requirements
24 as set forth in subparagraphs 2.-6. within areas that research
25 or monitoring data indicate are vulnerable to contamination
26 with nitrate, or areas in which the department provides a
27 subsidy for restoration or replacement of contaminated
28 drinking water supplies through extending existing water lines
29 or developing new water supply systems pursuant to s.
30 376.307(1)(e). The department shall consult with the Florida
31
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1 Ground Water Association in the process of developing rules
2 pursuant to this subparagraph.
3
4 All fees and funds collected by each delegated entity pursuant
5 to this part shall be deposited in the appropriate operating
6 account of that entity.
7 Section 122. Section 373.329, Florida Statutes, is
8 amended to read:
9 373.329 Fees for licensure.--The department by rule
10 shall establish fees to be paid for application for licensure,
11 application for license renewal, and the penalty fee for
12 renewal of a license which has been inactive for 1 year or
13 less. The fees shall be based on the actual costs incurred by
14 the water management districts in carrying out the
15 responsibilities related to licensure of water well
16 contractors as derived from estimates provided by the water
17 management districts of the revenue required to implement this
18 part, but shall not exceed the following amounts unless
19 determined otherwise pursuant to s. 216.1817:
20 (1) Application for initial licensure, $150.
21 (2) Biennial license renewal, $50.
22 (3) Penalty for renewal of a license which has been
23 inactive for 1 year or less, $75.
24
25 All fees and other moneys collected by a water management
26 district pursuant to this part shall be deposited in the
27 general operating fund of the water management district.
28 Section 123. Paragraphs (b), (c), and (d) of
29 subsection (1) of section 376.303, Florida Statutes, are
30 amended to read:
31
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1 376.303 Powers and duties of the Department of
2 Environmental Protection.--
3 (1) The department has the power and the duty to:
4 (b) Establish by rule a registration fee schedule for
5 all storage systems regulated under this act sufficient to
6 cover all costs associated with registration.
7 1. Revenues derived from fees imposed upon petroleum
8 storage systems shall be deposited in the Inland Protection
9 Trust Fund. All other revenues derived from such fees shall be
10 deposited into the Water Quality Assurance Trust Fund.
11 2. Unless determined otherwise pursuant to s.
12 216.1817, the fee schedule shall provide as follows:
13 a. For new facilities, an initial registration fee of
14 $50 per tank is due and payable within 30 days after receipt
15 of notification by the department.
16 b. For facilities at which tanks are replaced, a tank
17 replacement fee of $25 per tank is due and payable within 30
18 days after receipt of notification by the department.
19 c. An annual renewal fee of $25 per tank is due and
20 payable by July 1 of each year, except that stationary tanks
21 of 110 gallons or less at nonresidential locations and
22 agricultural tanks of 550 gallons or less shall not be
23 assessed the fee.
24 d. Any payment made more than 30 days after the date
25 it is due is delinquent and the registrant must pay an
26 additional fee of $20 for each tank with respect to which any
27 payment is delinquent.
28 e. Bulk product facilities shall be assessed a
29 registration fee and an annual renewal fee not to exceed
30 $1,000 per tank.
31
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1 3. The department may also assess fees retroactively
2 against late registrants for tanks for which a registration
3 fee should have been paid beginning on or after July 1, 1986.
4 Annual registration fees for all regulated tanks shall
5 continue to accrue forward from the date of registration until
6 tank removal or closure. Payment is due within 30 days of
7 receipt of notification by the department.
8 4. The department shall notify each registrant of the
9 annual fee requirement no later than June 1 of each year. Fees
10 are due and payable by July 1. For each regulated facility
11 registered with the department under this section, a
12 registration placard shall be issued to the tank's owner
13 listing the number of tanks registered and the amount of
14 registration fees paid, to be displayed in plain view at the
15 office, kiosk, or other suitable location at the facility
16 where the tanks are located.
17 (c) Establish a registration program for aboveground
18 hazardous substance tanks and compression vessels.
19 1. Owners or operators shall register their tanks and
20 vessels with the department by December 31, 1992, pay initial
21 registration fees by July 1, 1993, and pay annual renewal
22 registration fees by July 1, 1994, in accordance with the
23 requirements of this subsection. Flow-through process tanks,
24 liquefied petroleum gas tanks, hydraulic lift tanks,
25 electrical equipment tanks, storage tanks containing sodium
26 hypochlorite, storage tanks containing hazardous wastes as
27 defined under Subtitle C of the Resource Recovery and
28 Conservation Act, stormwater tanks, wastewater collection or
29 discharge systems, or storage tanks located entirely within a
30 building or portion of a building with an impervious floor
31 that contains no valves or drains that would allow a discharge
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1 from the system are not required to register. Pollutant tanks
2 required to be registered under paragraph (b) or s. 376.323
3 shall not be required to be registered under this paragraph.
4 The department shall, whenever possible, accept electronically
5 transmitted registration data.
6 2. Unless determined otherwise pursuant to s.
7 216.1817, registration fees are as follows:.
8 a. Owners of tanks or vessels shall submit to the
9 department an initial registration fee of $50 per tank or
10 vessel. The fee shall be paid within 30 days after receipt of
11 billing by the department.
12 b. Owners of tanks or vessels shall submit an annual
13 renewal registration fee of $25 per tank or vessel within 30
14 days after receipt of billing from the department.
15 c. Total annual registration fees for initial fees or
16 renewals shall not exceed $2,500 per facility.
17 d. Revenues derived from such fees shall be deposited
18 into the Water Quality Assurance Trust Fund.
19 (d) Establish a registration program for drycleaning
20 facilities and wholesale supply facilities.
21 1. Owners or operators of drycleaning facilities and
22 wholesale supply facilities and real property owners shall
23 jointly register each facility owned and in operation with the
24 department by June 30, 1995, pay initial registration fees by
25 December 31, 1995, and pay annual renewal registration fees by
26 December 31, 1996, and each year thereafter, in accordance
27 with this subsection. If the registration form cannot be
28 jointly submitted, then the applicant shall provide notice of
29 the registration to other interested parties. The department
30 shall establish reasonable requirements for the registration
31 of such facilities. The department shall use reasonable
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1 efforts to identify and notify drycleaning facilities and
2 wholesale supply facilities of the registration requirements
3 by certified mail, return receipt requested. The department
4 shall provide to the Department of Revenue a copy of each
5 applicant's registration materials, within 30 working days of
6 the receipt of the materials. This copy may be in such
7 electronic format as the two agencies mutually designate.
8 2.a. The department shall issue an invoice for annual
9 registration fees to each registered drycleaning facility or
10 wholesale supply facility by December 31 of each year. Unless
11 determined otherwise pursuant to s. 216.1817, owners of
12 drycleaning facilities and wholesale supply facilities shall
13 submit to the department an initial fee of $100 and an annual
14 renewal registration fee of $100 for each drycleaning facility
15 or wholesale supply facility owned and in operation. The fee
16 shall be paid within 30 days after receipt of billing by the
17 department. Facilities that fail to pay their renewal fee
18 within 30 days after receipt of billing are subject to a late
19 fee of $75.
20 b. Revenues derived from registration, renewal, and
21 late fees shall be deposited into the Water Quality Assurance
22 Trust Fund to be used as provided in s. 376.3078.
23 Section 124. Paragraph (a) of subsection (2) of
24 section 376.30713, Florida Statutes, is amended to read:
25 376.30713 Preapproved advanced cleanup.--
26 (2) The department is authorized to approve an
27 application for preapproved advanced cleanup at eligible
28 sites, prior to funding based on the site's priority ranking
29 established pursuant to s. 376.3071(5)(a), in accordance with
30 the provisions of this section. Persons who qualify as an
31 applicant under the provisions of this section shall only
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1 include the facility owner or operator or the person otherwise
2 responsible for site rehabilitation.
3 (a) Preapproved advanced cleanup applications may be
4 submitted between May 1 and June 30 and between November 1 and
5 December 31 of each fiscal year. Applications submitted
6 between May 1 and June 30 shall be for the fiscal year
7 beginning July 1. An application shall consist of:
8 1. A commitment to pay no less than 25 percent of the
9 total cleanup cost deemed recoverable under the provisions of
10 this section along with proof of the ability to pay the cost
11 share.
12 2. Unless determined otherwise pursuant to s.
13 216.1817, a nonrefundable review fee of $250 to cover the
14 administrative costs associated with the department's review
15 of the application.
16 3. A limited contamination assessment report.
17 4. A proposed course of action.
18
19 The limited contamination assessment report shall be
20 sufficient to support the proposed course of action and to
21 estimate the cost of the proposed course of action. Any costs
22 incurred related to conducting the limited contamination
23 assessment report are not refundable from the Inland
24 Protection Trust Fund. Site eligibility under this subsection,
25 or any other provision of this section, shall not constitute
26 an entitlement to preapproved advanced cleanup or continued
27 restoration funding. The applicant shall certify to the
28 department that the applicant has the prerequisite authority
29 to enter into a preapproved advanced cleanup contract with the
30 department. This certification shall be submitted with the
31 application.
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1 Section 125. Paragraph (b) of subsection (2) of
2 section 376.3072, Florida Statutes, is amended to read:
3 376.3072 Florida Petroleum Liability and Restoration
4 Insurance Program.--
5 (2)
6 (b)1. To be eligible to be certified as an insured
7 facility, for discharges reported after January 1, 1989, the
8 owner or operator shall file an affidavit upon enrollment in
9 the program. The affidavit shall state that the owner or
10 operator has read and is familiar with this chapter and the
11 rules relating to petroleum storage systems and petroleum
12 contamination site cleanup adopted pursuant to ss. 376.303 and
13 376.3071 and that the facility is in compliance with this
14 chapter and applicable rules adopted pursuant to s. 376.303.
15 Thereafter, the facility's annual inspection report shall
16 serve as evidence of the facility's compliance with department
17 rules. The facility's certificate as an insured facility may
18 be revoked only if the insured fails to correct a violation
19 identified in an inspection report before a discharge occurs.
20 The facility's certification may be restored when the
21 violation is corrected as verified by a reinspection.
22 2. Except as provided in paragraph (a), to be eligible
23 to be certified as an insured facility, the applicant must
24 demonstrate to the department that the applicant has financial
25 responsibility for third-party claims and excess coverage, as
26 required by this section and 40 C.F.R. s. 280.97(h) and that
27 the applicant maintains such insurance during the applicant's
28 participation as an insured facility.
29 3. Should a reinspection of the facility be necessary
30 to demonstrate compliance, the insured shall pay an inspection
31 fee not to exceed $500 per facility unless determined
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1 otherwise pursuant to s. 216.1817, to be deposited in the
2 Inland Protection Trust Fund.
3 4. Upon report of a discharge, the department shall
4 issue an order stating that the site is eligible for
5 restoration coverage unless the insured has intentionally
6 caused or concealed a discharge or disabled leak detection
7 equipment, has misrepresented facts in the affidavit filed
8 pursuant to subparagraph 1., or cannot demonstrate that he or
9 she has obtained and maintained the financial responsibility
10 for third-party claims and excess coverage as required in
11 subparagraph 2.
12
13 Nothing contained herein shall prevent the department from
14 assessing civil penalties for noncompliance as provided
15 herein.
16 Section 126. Paragraph (a) of subsection (5) of
17 section 376.30781, Florida Statutes, is amended to read:
18 376.30781 Partial tax credits for rehabilitation of
19 drycleaning-solvent-contaminated sites and brownfield sites in
20 designated brownfield areas; application process; rulemaking
21 authority; revocation authority.--
22 (5) To obtain the tax credit certificate, an applicant
23 must annually file an application for certification, which
24 must be received by the Department of Environmental Protection
25 by December 31. The applicant must provide all pertinent
26 information requested on the tax credit application form,
27 including, at a minimum, the name and address of the applicant
28 and the address and tracking identification number of the
29 eligible site. Along with the application form, the applicant
30 must submit the following:
31
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1 (a) Unless determined otherwise pursuant to s.
2 216.1817, a nonrefundable review fee of $250 made payable to
3 the Water Quality Assurance Trust Fund to cover the
4 administrative costs associated with the department's review
5 of the tax credit application;
6 Section 127. Section 376.323, Florida Statutes, is
7 amended to read:
8 376.323 Registration.--All tanks shall be registered
9 no later than July 1, 1992. Registrations shall be renewed
10 annually. Registration fees shall not exceed $2,500 per
11 facility unless determined otherwise pursuant to s. 216.1817.
12 The department shall issue to the tank owner or operator one
13 registration placard per facility, covering all tanks at that
14 facility which have been properly registered, as evidence of
15 the completion of the registration requirement. The
16 department shall develop by rule a fee schedule sufficient to
17 cover the costs associated with registration, inspection,
18 surveillance, and other activities associated with ss.
19 376.320-376.326. Revenues from such fees collected shall be
20 deposited into the Water Quality Assurance Trust Fund, and
21 shall be used to implement the provisions of ss.
22 376.320-376.326.
23 Section 128. Section 376.60, Florida Statutes, is
24 amended to read:
25 376.60 Asbestos removal program inspection and
26 notification fee.--The Department of Environmental Protection
27 shall charge an inspection and notification fee. Unless
28 determined otherwise pursuant to s. 216.1817, the fee may not,
29 not to exceed $300 for a small business as defined in s.
30 288.703(1), or $1,000 for any other project, for any asbestos
31 removal project. The department may establish a fee schedule
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1 by rule. Schools, colleges, universities, residential
2 dwellings, and those persons otherwise exempted from licensure
3 under s. 469.002(4) are exempt from the fees. Any fee
4 collected must be deposited in the asbestos program account in
5 the Air Pollution Control Trust Fund to be used by the
6 department to administer its asbestos removal program.
7 (1) In those counties with approved local air
8 pollution control programs, the department shall return 80
9 percent of the asbestos removal program inspection and
10 notification fees collected in that county to the local
11 government quarterly, if the county requests it.
12 (2) The fees returned to a county under subsection (1)
13 must be used only for asbestos-related program activities.
14 (3) A county may not levy any additional fees for
15 asbestos removal activity while it receives fees under
16 subsection (1).
17 (4) If a county has requested reimbursement under
18 subsection (1), the department shall reimburse the approved
19 local air pollution control program with 80 percent of the
20 fees collected in the county retroactive to July 1, 1994, for
21 asbestos-related program activities.
22 (5) If an approved local air pollution control program
23 that is providing asbestos notification and inspection
24 services according to 40 C.F.R. part 61, subpart M, and is
25 collecting fees sufficient to support the requirements of 40
26 C.F.R. part 61, subpart M, opts not to receive the
27 state-generated asbestos notification fees, the state may
28 discontinue collection of the state asbestos notification fees
29 in that county.
30 Section 129. Subsection (1) of section 377.24, Florida
31 Statutes, is amended to read:
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1 377.24 Notice of intention to drill well; permits;
2 abandoned wells and dry holes.--
3 (1) Before any well may in search of oil or gas shall
4 be drilled in search of oil or gas, the person seeking
5 desiring to drill the well must same shall notify the division
6 upon such form as it may prescribe and must shall pay a
7 reasonable fee pursuant to s. 216.1817 and set by rule of the
8 department not to exceed the actual cost of processing and
9 inspecting for each well. The drilling of any well is hereby
10 prohibited until such notice is given and such fee has been
11 paid and permit granted.
12 Section 130. Subsection (1) of section 377.2408,
13 Florida Statutes, is amended to read:
14 377.2408 Application to conduct geophysical
15 operations.--
16 (1) Before any geophysical operation in search of oil,
17 gas, or minerals may shall be conducted, the person desiring
18 to conduct the such operation must shall make application to
19 the department upon such forms as it may prescribe and must
20 shall pay, pursuant to s. 216.1817, a reasonable fee for
21 processing.
22 Section 131. Paragraph (b) of subsection (1) of
23 section 377.2425, Florida Statutes, is amended to read:
24 377.2425 Manner of providing security for geophysical
25 exploration, drilling, and production.--
26 (1) Prior to granting a permit to conduct geophysical
27 operations; drilling of exploratory, injection, or production
28 wells; producing oil and gas from a wellhead; or transporting
29 oil and gas through a field-gathering system, the department
30 shall require the applicant or operator to provide surety that
31
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1 these operations will be conducted in a safe and
2 environmentally compatible manner.
3 (b) An applicant for a drilling, production, or
4 injection well permit, or a permittee who intends to continue
5 participating in long-term production activities of such
6 wells, has the option to provide surety to the department by
7 paying an annual fee to the Minerals Trust Fund. For an
8 applicant or permittee choosing this option, the following
9 shall apply unless determined otherwise pursuant to s.
10 216.1817:
11 1. For the first year, or part of a year, of a
12 drilling, production, or injection well permit, or change of
13 operator, the fee is $4,000 per permitted well.
14 2. For each subsequent year, or part of a year, the
15 fee is $1,500 per permitted well.
16 3. The maximum fee that an applicant or permittee may
17 be required to pay into the trust fund is $30,000 per calendar
18 year, regardless of the number of permits applied for or in
19 effect.
20 4. The fees set forth in subparagraphs 1., 2., and 3.
21 shall be reviewed by the department on a biennial basis and
22 adjusted for the cost of inflation. The department shall
23 establish by rule a suitable index for implementing such fee
24 revisions.
25 Section 132. Paragraph (c) of subsection (4) of
26 section 377.705, Florida Statutes, is amended to read:
27 377.705 Solar Energy Center; development of solar
28 energy standards.--
29 (4) FLORIDA SOLAR ENERGY CENTER TO SET STANDARDS,
30 REQUIRE DISCLOSURE, SET TESTING FEES.--
31
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1 (c) Pursuant to s. 216.1817, the center shall be
2 entitled to receive a testing fee sufficient to cover the
3 costs of such testing. All testing fees shall be transmitted
4 by the center to the State Treasurer to be deposited in the
5 Solar Energy Center Testing Trust Fund, which is hereby
6 created in the State Treasury, and disbursed for the payment
7 of expenses incurred in testing solar energy systems.
8 Section 133. Subsection (9) of section 381.004,
9 Florida Statutes, is amended to read:
10 381.004 HIV testing.--
11 (9) FEES.--
12 (a) Each person or private organization registered as
13 an AIDS or HIV testing site shall pay the department a fee
14 which shall be set by rule of the department.
15 (b) Fees established pursuant to paragraph (a) shall
16 be an amount sufficient to meet all costs incurred by the
17 department in carrying out its registration, data collection,
18 complaint monitoring, and administrative responsibilities
19 under this section, for all private AIDS or HIV testing sites,
20 but shall not exceed $100 unless determined otherwise pursuant
21 to s. 216.1817.
22 (c) No other fees shall be charged by other
23 governmental agencies for these purposes.
24 Section 134. Subsection (2) of section 381.0066,
25 Florida Statutes, is amended to read:
26 381.0066 Onsite sewage treatment and disposal systems;
27 fees.--
28 (2) The minimum fees in the following fee schedule
29 apply until changed by rule by the department within the
30 following limits:
31
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1 (a) Application review, permit issuance, or system
2 inspection, including repair of a subsurface, mound, filled,
3 or other alternative system or permitting of an abandoned
4 system: a fee of not less than $25, or more than $125, unless
5 determined otherwise pursuant to s. 216.1817.
6 (b) Site evaluation, site reevaluation, evaluation of
7 a system previously in use, or a per annum septage disposal
8 site evaluation: a fee of not less than $40, or more than
9 $115, unless determined otherwise pursuant to s. 216.1817.
10 (c) Biennial Operating permit for aerobic treatment
11 units or performance-based treatment systems: a fee of not
12 more than $100 unless determined otherwise pursuant to s.
13 216.1817.
14 (d) Annual operating permit for systems located in
15 areas zoned for industrial manufacturing or equivalent uses or
16 where the system is expected to receive wastewater which is
17 not domestic in nature: a fee of not less than $150, or more
18 than $300, unless determined otherwise pursuant to s.
19 216.1817.
20 (e) Innovative technology: a fee not to exceed
21 $25,000 unless determined otherwise pursuant to s. 216.1817.
22 (f) Septage disposal service, septage stabilization
23 facility, portable or temporary toilet service, tank
24 manufacturer inspection: a fee of not less than $25, or more
25 than $200, per year unless determined otherwise pursuant to s.
26 216.1817.
27 (g) Application for variance: a fee of not less than
28 $150, or more than $300, unless determined otherwise pursuant
29 to s. 216.1817.
30 (h) Annual operating permit for waterless,
31 incinerating, or organic waste composting toilets: a fee of
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1 not less than $50, or more than $150, unless determined
2 otherwise pursuant to s. 216.1817.
3 (i) Aerobic treatment unit or performance-based
4 treatment system maintenance entity permit: a fee of not less
5 than $25, or more than $150, per year, unless determined
6 otherwise pursuant to s. 216.1817.
7 (j) Reinspection fee per visit for site inspection
8 after system construction approval or for noncompliant system
9 installation per site visit: a fee of not less than $25, or
10 more than $100, unless determined otherwise pursuant to s.
11 216.1817.
12 (k) Research: An additional $5 fee shall be added to
13 each new system construction permit issued during fiscal years
14 1996-2002 to be used for onsite sewage treatment and disposal
15 system research, demonstration, and training projects. Five
16 dollars from any repair permit fee collected under this
17 section shall be used for funding the hands-on training
18 centers described in s. 381.0065(3)(j).
19 (l) Annual operating permit, including annual
20 inspection and any required sampling and laboratory analysis
21 of effluent, for an engineer-designed performance-based
22 system: a fee of not less than $150, or more than $300,
23 unless determined otherwise pursuant to s. 216.1817.
24
25 The funds collected pursuant to this subsection must be
26 deposited in a trust fund administered by the department, to
27 be used for the purposes stated in this section and ss.
28 381.0065 and 381.00655.
29 Section 135. Paragraphs (d), (e), (f), and (k) of
30 subsection (3) of section 381.0062, Florida Statutes, are
31 amended to read:
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1 381.0062 Supervision; private and certain public water
2 systems.--
3 (3) SUPERVISION.--The department and its agents shall
4 have general supervision and control over all private water
5 systems, multifamily water systems, and public water systems
6 not covered or included in the Florida Safe Drinking Water Act
7 (part VI of chapter 403), and over those aspects of the public
8 water supply program for which it has the duties and
9 responsibilities provided for in part VI of chapter 403. The
10 department shall:
11 (d) Require a fee from the supplier of water in an
12 amount sufficient to cover the costs of reviewing and acting
13 upon any application for the construction, modification, or
14 operation of a limited use community and limited use
15 commercial public water system, a fee of not less than $10, or
16 more than $90, annually, unless determined otherwise pursuant
17 to s. 216.1817.
18 (e) Require a fee from the supplier of water in an
19 amount sufficient to cover the costs of reviewing and acting
20 upon any application for the construction or change of
21 ownership of a multifamily water system, a fee of not less
22 than $10, or more than $90, unless determined otherwise
23 pursuant to s. 216.1817.
24 (f) Require a fee from the supplier of water in an
25 amount sufficient to cover the costs of sample collection,
26 review of analytical results, health-risk interpretations, and
27 coordination with other agencies when such work is not
28 included in paragraphs (b) and (c) and is requested by the
29 supplier of water, of not less than $10, or more than $90,
30 unless determined otherwise pursuant to s. 216.1817.
31
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1 (k) Require a fee to cover the cost of reinspection of
2 any system regulated under this section, which may not be less
3 than $25, or more than $40, unless determined otherwise
4 pursuant to s. 216.1817.
5 Section 136. Subsection (1) of section 381.0064,
6 Florida Statutes, is amended to read:
7 381.0064 Continuing education courses for persons
8 installing or servicing septic tanks.--
9 (1) The Department of Health shall establish a program
10 for continuing education which meets the purposes of ss.
11 381.0101 and 489.554 regarding the public health and
12 environmental effects of onsite sewage treatment and disposal
13 systems and any other matters the department determines
14 desirable for the safe installation and use of onsite sewage
15 treatment and disposal systems. Pursuant to s. 216.1817, the
16 department shall may charge a fee to cover the cost of such
17 program.
18 Section 137. Paragraph (d) of subsection (2) of
19 section 381.0072, Florida Statutes, and paragraph (b) of
20 subsection (4) of that section are amended to read:
21 381.0072 Food service protection.--It shall be the
22 duty of the Department of Health to adopt and enforce
23 sanitation rules consistent with law to ensure the protection
24 of the public from food-borne illness. These rules shall
25 provide the standards and requirements for the storage,
26 preparation, serving, or display of food in food service
27 establishments as defined in this section and which are not
28 permitted or licensed under chapter 500 or chapter 509.
29 (2) DUTIES.--
30 (d) The department or other appropriate regulatory
31 entity may inspect theaters exempted in subsection (1) to
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1 ensure compliance with applicable laws and rules pertaining to
2 minimum sanitation standards. A fee for inspection shall be
3 prescribed by rule, but the aggregate amount charged per year
4 per theater establishment shall not exceed $300, regardless of
5 the entity providing the inspection, unless determined
6 otherwise pursuant to s. 216.1817.
7 (4) LICENSE; INSPECTION; FEES.--
8 (b) The fee schedule for food service establishments
9 licensed under this section shall be prescribed by rule, but
10 the aggregate license fee per establishment shall not exceed
11 $300 unless determined otherwise pursuant to s. 216.1817.
12 Section 138. Paragraph (d) of subsection (6) of
13 section 381.0075, Florida Statutes, is amended to read:
14 381.0075 Regulation of body-piercing salons.--
15 (6) FEES.--
16 (d) The fees assessed under this section are, unless
17 prorated, as follows:
18 1. The annual license fee, or license renewal fee, for
19 a body-piercing salon is $150 unless determined otherwise
20 pursuant to s. 216.1817.
21 2. Each late fee is $100 unless determined otherwise
22 pursuant to s. 216.1817.
23 3. The fee for a temporary establishment license is
24 $75 unless determined otherwise pursuant to s. 216.1817.
25 Section 139. Subsection (1) of section 381.0084,
26 Florida Statutes, is amended to read:
27 381.0084 Application fees for migrant labor camps and
28 residential migrant housing.--
29 (1) Each migrant labor camp operator or owner of
30 residential migrant housing who is subject to s. 381.0081
31
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1 shall pay to the department the following annual application
2 fees:
3 (a) Camps or residential migrant housing that have
4 capacity for 5 to 50 occupants: $125 unless determined
5 otherwise pursuant to s. 216.1817.
6 (b) Camps or residential migrant housing that have
7 capacity for 51 to 100 occupants: $225 unless determined
8 otherwise pursuant to s. 216.1817.
9 (c) Camps or residential migrant housing that have
10 capacity for 101 or more occupants: $500 unless determined
11 otherwise pursuant to s. 216.1817.
12 Section 140. Subsection (2) of section 381.0086,
13 Florida Statutes, is amended to read:
14 381.0086 Rules; variances; penalties.--
15 (2) An owner or operator may apply for a permanent
16 structural variance from the department's rules by filing a
17 written application and paying a fee set by the department,
18 not to exceed $100 unless determined otherwise pursuant to s.
19 216.1817. This application must:
20 (a) Clearly specify the standard from which the
21 variance is desired;
22 (b) Provide adequate justification that the variance
23 is necessary to obtain a beneficial use of an existing
24 facility and to prevent a practical difficulty or unnecessary
25 hardship; and
26 (c) Clearly set forth the specific alternative
27 measures that the owner or operator has taken to protect the
28 health and safety of occupants and adequately show that the
29 alternative measures have achieved the same result as the
30 standard from which the variance is sought.
31
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1 Section 141. Paragraph (e) of subsection (4) of
2 section 381.0098, Florida Statutes, is amended to read:
3 381.0098 Biomedical waste.--
4 (4) PERMITS AND FEES.--
5 (e) The department shall establish a schedule of fees
6 for such permits. Fees assessed under this section shall be in
7 an amount sufficient to meet the costs of carrying out the
8 provisions of this section and rules adopted under this
9 section. The fee schedule shall not be less than $50, or more
10 than $400, for each year the permit is valid, unless
11 determined otherwise pursuant to s. 216.1817. Fees may be
12 prorated on a quarterly basis when a facility will be in
13 operation for 6 months or less before the annual renewal date.
14 The department shall assess the minimum fees provided in this
15 subsection until a fee schedule is adopted by rule of the
16 department. Facilities owned and operated by the state shall
17 be exempt from the payment of any fees.
18 Section 142. Subsection (7) of section 381.0101,
19 Florida Statutes, is amended to read:
20 381.0101 Environmental health professionals.--
21 (7) FEES.--The department shall charge fees in amounts
22 necessary to meet the cost of providing certification. Fees
23 for certification shall be not less than $10, or more than
24 $300, unless determined otherwise pursuant to s. 216.1817, and
25 shall be set by rule. Application, examination, and
26 certification costs shall be included in this fee. Fees for
27 renewal of a certificate shall be no less than $25, nor more
28 than $150, per biennium, unless determined otherwise pursuant
29 to s. 216.1817.
30 Section 143. Subsection (3) of section 381.0202,
31 Florida Statutes, is amended to read:
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1 381.0202 Laboratory services.--
2 (3) Pursuant to s. 216.1817, the department is
3 authorized to establish and collect reasonable fees and
4 charges for laboratory services provided. Such fees and
5 charges shall be deposited in a trust fund administered by the
6 department and shall be used solely for this purpose.
7 Section 144. Subsections (1) and (2) of section
8 381.6024, Florida Statutes, is amended to read:
9 381.6024 Fees; Florida Organ and Tissue Donor
10 Education and Procurement Trust Fund.--
11 (1) The Agency for Health Care Administration shall
12 collect an initial application fee of $1,000, unless
13 determined otherwise pursuant to s. 216.1817, from organ
14 procurement organizations and tissue banks, and $500, unless
15 determined otherwise pursuant to s. 216.1817, from eye banks.
16 The fee must be submitted with each application for initial
17 certification and is nonrefundable.
18 (2) The Agency for Health Care Administration shall
19 assess annual fees to be used, in the following order of
20 priority, for the certification program, the advisory board,
21 maintenance of the organ and tissue donor registry, and the
22 organ and tissue donor education program in the following
23 amounts, which may not exceed $35,000 per organization:
24 (a) Unless determined otherwise pursuant to s.
25 216.1817, each general organ procurement organization shall
26 pay the greater of $1,000 or 0.25 percent of its total
27 revenues produced from procurement activity in this state by
28 the certificateholder during its most recently completed
29 fiscal year or operational year.
30 (b) Unless determined otherwise pursuant to s.
31 216.1817, each bone and tissue procurement agency or bone and
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1 tissue bank shall pay the greater of $1,000 or 0.25 percent of
2 its total revenues from procurement and processing activity in
3 this state by the certificateholder during its most recently
4 completed fiscal year or operational year.
5 (c) Unless determined otherwise pursuant to s.
6 216.1817, each eye bank shall pay the greater of $500 or 0.25
7 percent of its total revenues produced from procurement
8 activity in this state by the certificateholder during its
9 most recently completed fiscal year or operational year.
10 Section 145. Subsection (6) of section 381.88, Florida
11 Statutes, is amended to read:
12 381.88 Insect sting emergency treatment.--
13 (6) A person who successfully completes an educational
14 training program may obtain a certificate upon payment of an
15 application fee of $25 unless determined otherwise pursuant to
16 s. 216.1817.
17 Section 146. Paragraph (b) of subsection (3) of
18 section 381.89, Florida Statutes, is amended to read:
19 381.89 Regulation of tanning facilities.--
20 (3)
21 (b) The department shall establish procedures for the
22 issuance and annual renewal of licenses and shall establish
23 annual license and renewal fees in an amount necessary to
24 cover the expenses of administering this section. Annual
25 license and renewal fees shall be not less than $125, nor more
26 than $250, per tanning device, unless determined otherwise
27 pursuant to s. 216.1817. Effective October 1, 1991, the fee
28 amount shall be the minimum fee proscribed in this paragraph
29 and such fee amount shall remain in effect until the effective
30 date of a fee schedule adopted by the department.
31
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1 Section 147. Subsection (3) of section 382.0255,
2 Florida Statutes, is amended to read:
3 382.0255 Fees.--
4 (3) Notwithstanding subsections (1) and (2), fees
5 shall be established by rule pursuant to s. 216.1817.
6 However, until rules are adopted, the fees assessed pursuant
7 to this section shall be the minimum fees cited. The fees
8 established by rule must be sufficient to meet the cost of
9 providing the service. All fees shall be paid by the person
10 requesting the record, are due and payable at the time
11 services are requested, and are nonrefundable, except that,
12 when a search is conducted and no vital record is found, any
13 fees paid for additional certified copies shall be refunded.
14 The department may waive all or part of the fees required
15 under this section for any government entity.
16 Section 148. Paragraph (g) of subsection (3) of
17 section 383.14, Florida Statutes, is amended to read:
18 383.14 Screening for metabolic disorders, other
19 hereditary and congenital disorders, and environmental risk
20 factors.--
21 (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The
22 department shall administer and provide certain services to
23 implement the provisions of this section and shall:
24 (g) Have the authority to charge and collect fees for
25 screenings authorized in this section, as follows:
26 1. Unless determined otherwise pursuant to s.
27 216.1817, a fee of $20 will be charged for each live birth, as
28 recorded by the Office of Vital Statistics, occurring in a
29 hospital licensed under part I of chapter 395 or a birth
30 center licensed under s. 383.305, up to 3,000 live births per
31 licensed hospital per year or over 60 births per birth center
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1 per year. The department shall calculate the annual
2 assessment for each hospital and birth center, and this
3 assessment must be paid in equal amounts quarterly. Quarterly,
4 the department shall generate and mail to each hospital and
5 birth center a statement of the amount due.
6 2. As part of the department's legislative budget
7 request prepared pursuant to chapter 216, the department shall
8 submit a certification by the department's inspector general,
9 or the director of auditing within the inspector general's
10 office, of the annual costs of the uniform testing and
11 reporting procedures of the infant screening program. In
12 certifying the annual costs, the department's inspector
13 general or the director of auditing within the inspector
14 general's office shall calculate the direct costs of the
15 uniform testing and reporting procedures, including applicable
16 administrative costs. Administrative costs shall be limited to
17 those department costs which are reasonably and directly
18 associated with the administration of the uniform testing and
19 reporting procedures of the infant screening program.
20
21 All provisions of this subsection must be coordinated with the
22 provisions and plans established under this chapter, chapter
23 411, and Pub. L. No. 99-457.
24 Section 149. Subsection (3) of section 383.305,
25 Florida Statutes, is amended to read:
26 383.305 Licensure; issuance, renewal, denial,
27 suspension, revocation; fees; background screening.--
28 (3)(a) Each application for a birth center license, or
29 renewal thereof, shall be accompanied by a license fee. Fees
30 shall be established by rule of the agency pursuant to s.
31 216.1817. Such fees are payable to the agency and shall be
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1 deposited in a trust fund administered by the agency, to be
2 used for the sole purpose of carrying out the provisions of
3 ss. 383.30-383.335.
4 (b) The fees established pursuant to ss.
5 383.30-383.335 shall be based on actual costs incurred by the
6 agency in the administration of its duties under such
7 sections.
8 Section 150. Subsection (2) of section 383.324,
9 Florida Statutes, is amended to read:
10 383.324 Inspections and investigations; inspection
11 fees.--
12 (2) Each facility licensed under s. 383.305 shall pay
13 to the agency, at the time of inspection, an inspection fee
14 established by rule of the agency pursuant to s. 216.1817.
15 Section 151. Subsection (3) of section 390.014,
16 Florida Statutes, is amended to read:
17 390.014 Licenses; fees, display, etc.--
18 (3) The annual license fee required for a clinic shall
19 be nonrefundable and shall be reasonably calculated to cover
20 the cost of regulation under this chapter, but may not be less
21 than $35, nor more than $250, unless determined otherwise
22 pursuant to s. 216.1817.
23 Section 152. Section 393.17, Florida Statutes, is
24 amended to read:
25 393.17 Behavioral programs; certification of behavior
26 analysts; fees.--The department shall by rule implement a
27 certification program to ensure that qualified persons oversee
28 the design and implementation of behavioral programs for
29 persons who are developmentally disabled. Certification and
30 recertification minimum standards must comply with
31 departmental rules and must include, for initial
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1 certification, examination of competencies in applying
2 behavior analysis with persons who are developmentally
3 disabled within established competency clusters. These
4 competency clusters shall include, but not be limited to,
5 behavioral assessments, observation and recording, behavioral
6 program development and monitoring, and other areas as
7 determined by professional practitioners of behavior analysis.
8 Pursuant to s. 216.1817, fees shall be charged for
9 certification not to exceed the cost of development and
10 administration of the examination and periodic renewal of
11 certification. The department shall establish by rule the
12 procedures for certification and certification renewal.
13 Section 153. Subsection (1) of section 394.877,
14 Florida Statutes, is amended to read:
15 394.877 Fees.--
16 (1) Each application for licensure or renewal must be
17 accompanied by a fee set by the department pursuant to s.
18 216.1817, in consultation with the agency, by rule. Such fees
19 shall be reasonably calculated to cover only the cost of
20 regulation under this chapter.
21 Section 154. Paragraph (a) of subsection (2) of
22 section 395.004, Florida Statutes, is amended to read:
23 395.004 Application for license, disposition of fees;
24 expenses.--
25 (2) Each application for a general hospital license,
26 specialty hospital license, ambulatory surgical center
27 license, or mobile surgical facility license, or renewal
28 thereof, shall be accompanied by a license fee, in accordance
29 with the following schedule:
30 (a) The biennial license, provisional license, and
31 license renewal fee required of a facility licensed under this
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1 part shall be reasonably calculated to cover the cost of
2 regulation under this part and shall, unless determined
3 otherwise pursuant to s. 216.1817, be established by rule at
4 the rate of not less than $9.50 per hospital bed, nor more
5 than $30 per hospital bed, except that the minimum license fee
6 shall be $1,500 and the total fees collected from all licensed
7 facilities may not exceed the cost of properly carrying out
8 the provisions of this part.
9 Section 155. Subsection (3) of section 395.0161,
10 Florida Statutes, is amended to read:
11 395.0161 Licensure inspection.--
12 (3) With the exception of state-operated licensed
13 facilities, each facility licensed under this part shall pay
14 to the agency, at the time of inspection, the following fees:
15 (a) Inspection for licensure.--Unless determined
16 otherwise pursuant to s. 216.1817, a fee shall be paid which
17 is not less than $8 per hospital bed, nor more than $12 per
18 hospital bed, except that the minimum fee shall be $400 per
19 facility.
20 (b) Inspection for lifesafety only.--Unless determined
21 otherwise pursuant to s. 216.1817, a fee shall be paid which
22 is not less than 75 cents per hospital bed, nor more than
23 $1.50 per hospital bed, except that the minimum fee shall be
24 $40 per facility.
25 Section 156. Paragraph (a) of subsection (2) of
26 section 395.0163, Florida Statutes, is amended to read:
27 395.0163 Construction inspections; plan submission and
28 approval; fees.--
29 (2)(a) Unless determined otherwise pursuant to s.
30 216.1817, the agency is authorized to charge an initial fee of
31 $2,000 for review of plans and construction on all projects,
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1 no part of which is refundable. The agency may also collect a
2 fee, not to exceed 1 percent unless determined otherwise
3 pursuant to s. 216.1817, of the estimated construction cost or
4 the actual cost of review, whichever is less, for the portion
5 of the review which encompasses initial review through the
6 initial revised construction document review. The agency is
7 further authorized to collect its actual costs on all
8 subsequent portions of the review and construction
9 inspections. The initial fee payment shall accompany the
10 initial submission of plans and specifications. Any
11 subsequent payment that is due is payable upon receipt of the
12 invoice from the agency.
13 Section 157. Subsection (3) of section 395.0199,
14 Florida Statutes, is amended to read:
15 395.0199 Private utilization review.--
16 (3) Registration shall be made annually with the
17 agency on forms furnished by the agency and shall be
18 accompanied by the appropriate registration fee as set by the
19 agency. The fee shall be sufficient to pay for the
20 administrative costs of registering the agent, but shall not
21 exceed $250 unless determined otherwise pursuant to s.
22 216.1817. The agency may also charge reasonable fees,
23 reflecting actual costs, to persons requesting copies of
24 registration.
25 Section 158. Subsection (3) of section 395.10974,
26 Florida Statutes, is amended to read:
27 395.10974 Qualifications for health care risk
28 managers.--
29 (3) The agency shall issue a license to practice
30 health care risk management to any applicant who qualifies
31 under this section and submits an application fee of not more
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1 than $75 unless determined otherwise pursuant to s. 216.1817,
2 a fingerprinting fee of not more than $75 unless determined
3 otherwise pursuant to s. 216.1817, and a license fee of not
4 more than $100 unless determined otherwise pursuant to s.
5 216.1817. The agency shall by rule establish fees and
6 procedures for the issuance and cancellation of licenses.
7 Section 159. Subsection (1) of section 397.407,
8 Florida Statutes, is amended to read:
9 397.407 Licensure fees.--
10 (1) The department shall establish licensure fees by
11 rule. The rule must prescribe a fee range that is based, at
12 least in part, on the number and complexity of programs listed
13 in s. 397.311(19) which are operated by a licensee. The fee
14 range must be implemented over a 5-year period. The fee
15 schedule for licensure of service components must be increased
16 annually in substantially equal increments so that, by July 1,
17 1998, the fees from the licensure of service components are
18 sufficient to cover at least 50 percent of the costs of
19 regulating the service components. Pursuant to s. 216.1817,
20 the department shall specify by rule a fee range and phase-in
21 plan for privately funded licensed service providers and a fee
22 range and phase-in plan for publicly funded licensed service
23 providers. Fees for privately funded licensed service
24 providers must exceed the fees for publicly funded licensed
25 service providers. The first year phase-in licensure fees
26 must be at least $150 per initial license. The rule must
27 provide for a reduction in licensure fees for licensed service
28 providers who hold more than one license.
29 Section 160. Subsection (19) of section 399.01,
30 Florida Statutes, is amended to read:
31
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1 399.01 Definitions.--As used in this chapter, the
2 term:
3 (19) "Elevator certificate of competency" means a
4 credential issued by the division to any individual natural
5 person successfully completing an examination as prescribed by
6 rule and paying a fee of $50 unless determined otherwise
7 pursuant to s. 216.1817. Such credential shall be valid for
8 and expire at the end of 1 year, and may be renewed by the
9 division when the division receives proof of the elevator
10 certificate of competency holder's completion of 8 hours of
11 continuing education and a renewal fee of $50 unless
12 determined otherwise pursuant to s. 216.1817.
13
14 All other building transportation terms are defined in the
15 current Florida Building Code.
16 Section 161. Subsection (2) of section 399.061,
17 Florida Statutes, is amended to read:
18 399.061 Inspections; correction of deficiencies.--
19 (2) The division may employ state elevator inspectors
20 to conduct the inspections as required by subsection (1) and
21 shall may charge an inspection fee for each inspection
22 pursuant to s. 216.1817, in an amount sufficient to cover the
23 costs of that inspection, as provided by rule. Each state
24 elevator inspector shall hold a certificate of competency
25 issued by the division.
26 Section 162. Paragraphs (b) and (d) of subsection (1)
27 and paragraph (d) of subsection (2) of section 399.07, Florida
28 Statutes, are amended to read:
29 399.07 Certificates of operation; temporary operation
30 permits; fees.--
31 (1)
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1 (b) The certificate of operation is valid for a period
2 of 1 year unless sooner suspended or revoked. Pursuant to s.
3 216.1817, the department shall by rule adopt a fee schedule
4 for the renewal of certificates of operation. The renewal
5 period commences on August 1 of each year.
6 (d) Pursuant to s. 216.1817, the department shall
7 charge an annual fee for issuance of a certificate of
8 operation in an amount to be set by rule. However, a renewal
9 application for a certificate of operation filed with the
10 department after expiration date of the certificate must be
11 accompanied by a delinquency fee of $50 in addition to the
12 annual renewal fee and any other fees required by law. The
13 fees must be deposited into the Hotel and Restaurant Trust
14 Fund.
15 (2)
16 (d) The department shall charge a fee, set by rule in
17 an amount not greater than $100, unless determined otherwise
18 pursuant to s. 216.1817, for each temporary operation permit.
19 The fee must be deposited in the Hotel and Restaurant Trust
20 Fund.
21 Section 163. Subsection (3) of section 400.062,
22 Florida Statutes, is amended to read:
23 400.062 License required; fee; disposition; display;
24 transfer.--
25 (3) The annual license fee required for each license
26 issued under this part shall be comprised of two parts. Part
27 I of the license fee shall be the basic license fee. The rate
28 per bed for the basic license fee shall be established
29 annually and shall be $50 per bed unless determined otherwise
30 pursuant to s. 216.1817. The agency may adjust the per bed
31 licensure fees by the Consumer Price Index based on the 12
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1 months immediately preceding the increase to cover the cost of
2 regulation under this part. Part II of the license fee shall
3 be the resident protection fee, which shall be at the rate of
4 not less than 25 cents per bed unless determined otherwise
5 pursuant to s. 216.1817. The rate per bed shall be the minimum
6 rate per bed, and such rate shall remain in effect until the
7 effective date of a rate per bed adopted by rule by the agency
8 pursuant to this part. At such time as the amount on deposit
9 in the Resident Protection Trust Fund is less than $1 million,
10 the agency may adopt rules to establish a rate that which may
11 not exceed $10 per bed unless determined otherwise pursuant to
12 s. 216.1817. The rate per bed shall revert back to the
13 minimum rate per bed when the amount on deposit in the
14 Resident Protection Trust Fund reaches $1 million, except that
15 any rate established by rule shall remain in effect until such
16 time as the rate has been equally required for each license
17 issued under this part. Any amount in the fund in excess of
18 $2 million shall revert to the Health Care Trust Fund and may
19 not be expended without prior approval of the Legislature.
20 The agency may prorate the annual license fee for those
21 licenses which it issues under this part for less than 1 year.
22 Funds generated by license fees collected in accordance with
23 this section shall be deposited in the following manner:
24 (a) The basic license fee collected shall be deposited
25 in the Health Care Trust Fund, established for the sole
26 purpose of carrying out this part. When the balance of the
27 account established in the Health Care Trust Fund for the
28 deposit of fees collected as authorized under this section
29 exceeds one-third of the annual cost of regulation under this
30 part, the excess shall be used to reduce the licensure fees in
31 the next year.
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1 (b) The resident protection fee collected shall be
2 deposited in the Resident Protection Trust Fund for the sole
3 purpose of paying, in accordance with the provisions of s.
4 400.063, for the appropriate alternate placement, care, and
5 treatment of a resident removed from a nursing home facility
6 on a temporary, emergency basis or for the maintenance and
7 care of residents in a nursing home facility pending removal
8 and alternate placement.
9 Section 164. Subsection (2) of section 400.232,
10 Florida Statutes, is amended to read:
11 400.232 Review and approval of plans; fees and
12 costs.--The design, construction, erection, alteration,
13 modification, repair, and demolition of all public and private
14 health care facilities are governed by the Florida Building
15 Code and the Florida Fire Prevention Code under ss. 553.73 and
16 633.022. In addition to the requirements of ss. 553.79 and
17 553.80, the agency shall review the facility plans and survey
18 the construction of facilities licensed under this chapter.
19 (2) The agency is authorized to charge an initial fee
20 of $2,000, unless determined otherwise pursuant to s.
21 216.1817, for review of plans and construction on all
22 projects, no part of which is refundable. The agency may also
23 collect a fee, not to exceed 1 percent of the estimated
24 construction cost or the actual cost of review, whichever is
25 less, for the portion of the review which encompasses initial
26 review through the initial revised construction document
27 review. The agency is further authorized to collect its
28 actual costs on all subsequent portions of the review and
29 construction inspections. Initial fee payment shall accompany
30 the initial submission of plans and specifications. Any
31 subsequent payment that is due is payable upon receipt of the
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1 invoice from the agency. Notwithstanding any other provisions
2 of law to the contrary, all money received by the agency
3 pursuant to the provisions of this section shall be deemed to
4 be trust funds, to be held and applied solely for the
5 operations required under this section.
6 Section 165. Subsection (4) of section 400.407,
7 Florida Statutes, is amended to read:
8 400.407 License required; fee, display.--
9 (4)(a) Unless determined otherwise pursuant to s.
10 216.1817, the biennial license fee required of a facility is
11 $300 per license, with an additional fee of $50 per resident
12 based on the total licensed resident capacity of the facility,
13 except that no additional fee will be assessed for beds
14 designated for recipients of optional state supplementation
15 payments provided for in s. 409.212. The total fee may not
16 exceed $10,000 unless determined otherwise pursuant to s.
17 216.1817, no part of which shall be returned to the facility.
18 The agency shall adjust the per bed license fee and the total
19 licensure fee annually by not more than the change in the
20 consumer price index based on the 12 months immediately
21 preceding the increase.
22 (b) In addition to the total fee assessed under
23 paragraph (a), the agency shall require facilities that are
24 licensed to provide extended congregate care services under
25 this part to pay an additional fee per licensed facility. The
26 amount of the biennial fee shall be $400 per license unless
27 determined otherwise pursuant to s. 216.1817, with an
28 additional fee of $10 per resident based on the total licensed
29 resident capacity of the facility. No part of this fee shall
30 be returned to the facility. The agency may adjust the per bed
31 license fee and the annual license fee once each year by not
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1 more than the average rate of inflation for the 12 months
2 immediately preceding the increase.
3 (c) In addition to the total fee assessed under
4 paragraph (a), the agency shall require facilities that are
5 licensed to provide limited nursing services under this part
6 to pay an additional fee per licensed facility. Unless
7 determined otherwise pursuant to s. 216.1817, the amount of
8 the biennial fee shall be $250 per license, with an additional
9 fee of $10 per resident based on the total licensed resident
10 capacity of the facility. No part of this fee shall be
11 returned to the facility. The agency may adjust the per bed
12 license fee and the biennial license fee once each year by not
13 more than the average rate of inflation for the 12 months
14 immediately preceding the increase.
15 Section 166. Subsection (7) of section 400.4178,
16 Florida Statutes, is amended to read:
17 400.4178 Special care for persons with Alzheimer's
18 disease or other related disorders.--
19 (7) Any facility more than 90 percent of whose
20 residents receive monthly optional supplementation payments is
21 not required to pay for the training and education programs
22 required under this section. A facility that has one or more
23 such residents shall pay a reduced fee that is proportional to
24 the percentage of such residents in the facility. A facility
25 that does not have any residents who receive monthly optional
26 supplementation payments must pay a reasonable fee, as
27 established by the department pursuant to s. 216.1817, for
28 such training and education programs.
29 Section 167. Subsection (9) of section 400.419,
30 Florida Statutes, is amended to read:
31 400.419 Violations; administrative fines.--
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1 (9) In addition to any administrative fines imposed,
2 the agency may assess a survey fee, equal to the lesser of one
3 half of the facility's biennial license and bed fee or $500,
4 unless determined otherwise pursuant to s. 216.1817, to cover
5 the cost of conducting initial complaint investigations that
6 result in the finding of a violation that was the subject of
7 the complaint or monitoring visits conducted under s.
8 400.428(3)(c) to verify the correction of the violations.
9 Section 168. Subsection (7) of section 400.452,
10 Florida Statutes, is amended to read:
11 400.452 Staff training and educational programs; core
12 educational requirement.--
13 (7) A facility that does not have any residents who
14 receive monthly optional supplementation payments must pay a
15 reasonable fee pursuant to s. 216.1817 for such training and
16 education programs. A facility that has one or more such
17 residents shall pay a reduced fee that is proportional to the
18 percentage of such residents in the facility. Any facility
19 more than 90 percent of whose residents receive monthly
20 optional state supplementation payments is not required to pay
21 for the training and continuing education programs required
22 under this section.
23 Section 169. Subsection (3) of section 400.453,
24 Florida Statutes, is amended to read:
25 400.453 Consultation by the agency.--
26 (3) Pursuant to s. 216.1817, the agency shall may
27 charge a fee commensurate with the cost of providing
28 consultation under this section.
29 Section 170. Subsection (8) of subsection 400.471,
30 Florida Statutes, is amended to read:
31
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1 400.471 Application for license; fee; provisional
2 license; temporary permit.--
3 (8) The license fee and annual renewal fee required of
4 a home health agency are nonrefundable. The agency shall set
5 the fees in an amount that is sufficient to cover its costs in
6 carrying out its responsibilities under this part, but not to
7 exceed $1,000 unless determined otherwise pursuant to s.
8 216.1817. However, state, county, or municipal governments
9 applying for licenses under this part are exempt from the
10 payment of license fees. All fees collected under this part
11 must be deposited in the Health Care Trust Fund for the
12 administration of this part.
13 Section 171. Subsection (3) of section 400.506,
14 Florida Statutes, is amended to read:
15 400.506 Licensure of nurse registries; requirements;
16 penalties.--
17 (3) Application for license must be made to the Agency
18 for Health Care Administration on forms furnished by it and
19 must be accompanied by the appropriate licensure fee, as
20 established by rule and not to exceed the cost of regulation
21 under this part. The licensure fee for nurse registries may
22 not exceed $1,000 unless determined otherwise pursuant to s.
23 216.1817, and must be deposited in the Health Care Trust Fund.
24 Section 172. Subsection (3) of section 400.509,
25 Florida Statutes, is amended to read:
26 400.509 Registration of particular service providers
27 exempt from licensure; certificate of registration; regulation
28 of registrants.--
29 (3) The agency shall charge a registration fee of $25
30 unless determined otherwise pursuant to s. 216.1817, to be
31 submitted with the information required under subsection (2).
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1 Section 173. Subsection (3) of section 400.554,
2 Florida Statutes, is amended to read:
3 400.554 License requirement; fee; exemption;
4 display.--
5 (3) The biennial license fee required of a center
6 shall be determined by the department, but may not exceed $150
7 unless determined otherwise pursuant to s. 216.1817.
8 Section 174. Subsection (1) of section 400.555,
9 Florida Statutes, is amended to read:
10 400.555 Application for license.--
11 (1) An application for a license to operate an adult
12 day care center must be made to the agency on forms furnished
13 by the agency and must be accompanied by the appropriate
14 license fee pursuant to s. 216.1817, unless the applicant is
15 exempt from payment of the fee as provided in s. 400.554(4).
16 Section 175. Paragraph (b) of subsection (2) of
17 section 400.605, Florida Statutes, is amended to read:
18 400.605 Administration; forms; fees; rules;
19 inspections; fines.--
20 (2) The agency shall:
21 (b) Collect from the applicant at the time of filing
22 an application for a license or at the time of renewal of a
23 license a fee that which must be reasonably calculated to
24 cover the cost of regulation under this part, but that may not
25 exceed $600 per program unless determined otherwise pursuant
26 to s. 216.1817. All fees collected under this part shall be
27 deposited in the Health Care Trust Fund for the administration
28 of this part.
29 Section 176. Subsection (1) of section 400.606,
30 Florida Statutes, is amended to read:
31
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1 400.606 License; application; renewal; conditional
2 license or permit; certificate of need.--
3 (1) A license application must be filed on a form
4 provided by the agency and must be accompanied by the
5 appropriate license fee pursuant to s. 216.1817, as well as by
6 satisfactory proof that the hospice is in compliance with this
7 part and any rules adopted by the department and proof of
8 financial ability to operate and conduct the hospice in
9 accordance with the requirements of this part. The initial
10 application must be accompanied by a plan for the delivery of
11 home, residential, and homelike inpatient hospice services to
12 terminally ill persons and their families. Such plan must
13 contain, but need not be limited to:
14 (a) The estimated average number of terminally ill
15 persons to be served monthly.
16 (b) The geographic area in which hospice services will
17 be available.
18 (c) A listing of services which are or will be
19 provided, either directly by the applicant or through
20 contractual arrangements with existing providers.
21 (d) Provisions for the implementation of hospice home
22 care within 3 months after licensure.
23 (e) Provisions for the implementation of hospice
24 homelike inpatient care within 12 months after licensure.
25 (f) The number and disciplines of professional staff
26 to be employed.
27 (g) The name and qualifications of any existing or
28 potential contractee.
29 (h) A plan for attracting and training volunteers.
30 (i) The projected annual operating cost of the
31 hospice.
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1 (j) A statement of financial resources and personnel
2 available to the applicant to deliver hospice care.
3
4 If the applicant is an existing health care provider, the
5 application must be accompanied by a copy of the most recent
6 profit-loss statement and, if applicable, the most recent
7 licensure inspection report.
8 Section 177. Subsection (3) of section 400.619,
9 Florida Statutes, is amended to read:
10 400.619 Licensure application and renewal.--
11 (3) Application for a license or annual license
12 renewal must be made on a form provided by the agency, must be
13 signed under oath, and must be accompanied by a licensing fee
14 of $100 per year, unless determined otherwise pursuant to s.
15 216.1817.
16 Section 178. Subsection (5) of section 400.6211,
17 Florida Statutes, is amended to read:
18 400.6211 Training and education programs.--
19 (5) The department shall specify by rule training and
20 education programs, training requirements and the assignment
21 of training responsibilities for staff, training procedures,
22 and training fees pursuant to s. 216.1817, as necessary to
23 administer this section.
24 Section 179. Subsection (3) of section 400.801,
25 Florida Statutes, is amended to read:
26 400.801 Homes for special services.--
27 (3) The application for a license under this section
28 must be made on a form provided by the agency. Unless
29 determined otherwise pursuant to s. 216.1817, a nonrefundable
30 license fee of not more than $1,000 must be submitted with the
31 license application.
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1 Section 180. Paragraph (b) of subsection (2) of
2 section 400.805, Florida Statutes, is amended to read:
3 400.805 Transitional living facilities.--
4 (2)
5 (b) The application for a license must be made on a
6 form provided by the agency. Unless determined otherwise
7 pursuant to s. 216.1817, a nonrefundable license fee of $2,000
8 and a fee of up to $39.25 per bed must be submitted with the
9 license application.
10 Section 181. Subsection (3) of section 400.905,
11 Florida Statutes, is amended to read:
12 400.905 License required; fee; exemption; display.--
13 (3) The annual license fee required of a PPEC center
14 shall be in an amount determined by the agency to be
15 sufficient to cover the agency's costs in carrying out its
16 responsibilities under this part, but shall not be less than
17 $500, or more than $1,500, unless determined otherwise
18 pursuant to s. 216.1817.
19 Section 182. Subsections (11) and (12) of section
20 400.931, Florida Statutes, are amended to read:
21 400.931 Application for license; fee; provisional
22 license; temporary permit.--
23 (11) All licensure fees required of a home medical
24 equipment provider are nonrefundable. Pursuant to s. 216.1817,
25 the agency shall set the fees in an amount that is sufficient
26 to cover its costs in carrying out its responsibilities under
27 this part. However, state, county, or municipal governments
28 applying for licenses under this part are exempt from the
29 payment of license fees. All fees collected under this part
30 must be deposited in the Health Care Trust Fund for the
31 administration of this part.
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1 (12) An applicant for initial licensure, renewal, or
2 change of ownership shall pay a license processing fee not to
3 exceed $300 unless determined otherwise pursuant to s.
4 216.1817, to be paid by all applicants, and an inspection fee
5 not to exceed $400 unless determined otherwise pursuant to s.
6 216.1817, to be paid by all applicants except those not
7 subject to licensure inspection by the agency as described in
8 s. 400.933(2).
9 Section 183. Subsection (6) of section 400.967,
10 Florida Statutes, is amended to read:
11 400.967 Rules and classification of deficiencies.--
12 (6) Unless determined otherwise pursuant to s.
13 216.1817, the agency shall may charge an initial fee of $2,000
14 for review of plans and construction on all projects, no part
15 of which is refundable. The agency may also collect a fee, not
16 to exceed 1 percent of the estimated construction cost or the
17 actual cost of review, whichever is less, for the portion of
18 the review which encompasses initial review through the
19 initial revised construction document review. The agency may
20 collect its actual costs on all subsequent portions of the
21 review and construction inspections. Initial fee payment must
22 accompany the initial submission of plans and specifications.
23 Any subsequent payment that is due is payable upon receipt of
24 the invoice from the agency. Notwithstanding any other
25 provision of law, all money received by the agency under this
26 section shall be deemed to be trust funds, to be held and
27 applied solely for the operations required under this section.
28 Section 184. Subsection (2) of section 400.980,
29 Florida Statutes, is amended to read:
30 400.980 Health care services pools.--
31
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1 (2) Each person who operates a health care services
2 pool must register each separate business location with the
3 agency. The agency shall adopt rules and provide forms
4 required for such registration and shall impose a registration
5 fee pursuant to s. 216.1817 in an amount sufficient to cover
6 the cost of administering this section. In addition, the
7 registrant must provide the agency with any change of
8 information contained on the original registration application
9 within 14 days prior to the change. The agency may inspect the
10 offices of any health care services pool at any reasonable
11 time for the purpose of determining compliance with this
12 section or the rules adopted under this section.
13 Section 185. Subsection (2) of section 401.2715,
14 Florida Statutes, is amended to read:
15 401.2715 Recertification training of emergency medical
16 technicians and paramedics.--
17 (2) Any individual, institution, school, corporation,
18 or governmental entity may conduct emergency medical
19 technician or paramedic recertification training upon
20 application to the department and payment of a nonrefundable
21 fee, as determined pursuant to s. 216.1817, to be deposited
22 into the Emergency Medical Services Trust Fund. Institutions
23 conducting department-approved educational programs as
24 provided in this chapter and licensed ambulance services are
25 exempt from the application process and payment of fees. The
26 department shall adopt rules for the application and payment
27 of a fee not to exceed the actual cost of administering this
28 approval process.
29 Section 186. Subsection (2) of section 401.321,
30 Florida Statutes, is amended to read:
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1 401.321 Transferability of license; effect of sale,
2 transfer, assignment, or lease of service.--
3 (2) A license will automatically expire when a
4 licensee changes his or her service location or service name
5 as registered with the department. The expired license must be
6 surrendered by the licensee, and the department shall issue a
7 new license for the balance of the term under the expired
8 license upon receipt of a completed application and a fee of
9 $30 unless determined otherwise pursuant to s. 216.1817.
10 Section 187. Subsections (1), (4), (6) and (7) of
11 section 401.34, Florida Statutes, are amended to read:
12 401.34 Fees.--
13 (1) Each organization or person subject to this part
14 must pay to the department the following nonrefundable fees:
15 (a) Basic life support service license application:
16 $660 unless determined otherwise pursuant to s. 216.1817, to
17 be paid biennially.
18 (b) Advanced life support service license application:
19 $1,375 unless determined otherwise pursuant to s. 216.1817, to
20 be paid biennially.
21 (c) Original or renewal vehicle permit application for
22 basic or advanced life support: $25 unless determined
23 otherwise pursuant to s. 216.1817, to be paid biennially.
24 (d) Emergency medical technician certification
25 examination application: $40 unless determined otherwise
26 pursuant to s. 216.1817.
27 (e) Emergency medical technician original certificate
28 application: $35 unless determined otherwise pursuant to s.
29 216.1817.
30
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1 (f) Emergency medical technician renewal certificate
2 application: $20 unless determined otherwise pursuant to s.
3 216.1817, to be paid biennially.
4 (g) Paramedic certification examination application:
5 $40 unless determined otherwise pursuant to s. 216.1817.
6 (h) Paramedic original certificate application: $45
7 unless determined otherwise pursuant to s. 216.1817.
8 (i) Paramedic renewal certificate application: $45
9 unless determined otherwise pursuant to s. 216.1817, to be
10 paid biennially.
11 (j) Air ambulance service application: $1,375 unless
12 determined otherwise pursuant to s. 216.1817, to be paid
13 biennially.
14 (k) Original or renewal aircraft permit application
15 for air ambulance: $25 unless determined otherwise pursuant
16 to s. 216.1817, to be paid biennially.
17 (4)(a) If a certificate, license, or permit issued
18 under this part is lost or destroyed, the person or entity to
19 whom the certificate, license, or permit was issued may, upon
20 payment of a fee to be set by the department, not to exceed
21 $10 unless determined otherwise pursuant to s. 216.1817,
22 obtain a duplicate, or substitute thereof.
23 (b) Upon surrender of the original emergency medical
24 technician or paramedic certificate and receipt of a
25 replacement fee to be set by the department, not to exceed $10
26 unless determined otherwise pursuant to s. 216.1817, the
27 department shall issue a replacement certificate to make a
28 change in name.
29 (6) The department may by rule offer walk-in
30 eligibility determination and examination to applicants for
31 emergency medical technician or paramedic certification who
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1 pay to the department a nonrefundable fee to be set by the
2 department, not to exceed $65 unless determined otherwise
3 pursuant to s. 216.1817. The fee is in addition to the
4 certification fee and examination fee. The department must
5 establish locations and times for eligibility determination
6 and examination.
7 (7) The cost of emergency medical technician or
8 paramedic certification examination review may not exceed $50
9 unless determined otherwise pursuant to s. 216.1817.
10 Section 188. Paragraph (c) of subsection (3) of
11 section 401.45, Florida Statutes, is amended to read:
12 401.45 Denial of emergency treatment; civil
13 liability.--
14 (3)
15 (c) The department, in consultation with the
16 Department of Elderly Affairs and the Agency for Health Care
17 Administration, shall develop a standardized
18 do-not-resuscitate identification system with devices that
19 signify, when carried or worn, that the possessor is a patient
20 for whom a physician has issued an order not to administer
21 cardiopulmonary resuscitation. The department may charge a
22 reasonable fee pursuant to s. 216.1817 to cover the cost of
23 producing and distributing such identification devices. Use of
24 such devices shall be voluntary.
25 Section 189. Subsection (3) of section 402.315,
26 Florida Statutes, is amended to read:
27 402.315 Funding; license fees.--
28 (3) The department shall collect a fee for any license
29 it issues for a child care facility pursuant to s. 402.308.
30 Unless determined otherwise pursuant to s. 216.1817, such fee
31
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1 shall be $1 per child, except that the minimum fee shall be
2 $25 per center and the maximum fee shall be $100 per center.
3 Section 190. Subsection (2) of section 402.33, Florida
4 Statutes, is amended to read:
5 402.33 Department authority to charge fees for
6 services provided.--
7 (2) Pursuant to s. 216.1817, the department, in
8 accordance with rules established by it, shall either charge,
9 assess, or collect, or cause to be charged, assessed, or
10 collected, fees for any service it provides to its clients
11 either directly or through its agencies or contractors, except
12 for:
13 (a) Diagnosis and evaluation procedures necessary to
14 determine the client's eligibility and need for services
15 provided by the department;
16 (b) Customary and routine information and referral
17 services;
18 (c) Educational services provided in lieu of public
19 education;
20 (d) Specific services exempted by law from fee
21 assessment;
22 (e) Emergency shelter or emergency detention care and
23 custody prior to a detention hearing under chapter 39;
24 (f) Specific classes or types of services provided in
25 programs funded by grants, donations, or contracts that
26 prohibit charging fees;
27 (g) Developmental services provided under chapter 393
28 to any person who is determined to be eligible for such
29 services by the department and whose earned income falls below
30 the federal Health and Human Services Poverty Guidelines,
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1 unless such fees are collected from third-party benefits and
2 benefit payments; or
3 (h) Any type of service for which the department
4 determines that the net estimated revenue from such fees after
5 deducting any loss of funds from federal grants occasioned by
6 such fees will be less than the estimated cost to charge and
7 collect such fees.
8
9 Fees, other than third-party benefits and benefit payments,
10 may not be charged for services provided to indigents whose
11 only sources of income are from state and federal aid. In
12 addition, fees may not be charged parents of a minor client
13 for services requested by the minor without parental consent
14 or for services provided a minor client who has been
15 permanently committed to the care and custody of the
16 department with parental rights permanently severed. However,
17 lack of parental consent does not preclude the charging of
18 fees established under chapter 39. The department may not
19 require a client who is receiving wages which are below the
20 minimum wage under the federal Fair Labor Standards Act to pay
21 fees from such wages. Voluntary payments for services must be
22 encouraged.
23 Section 191. Subsection (1) of section 403.0625,
24 Florida Statutes, is amended to read:
25 403.0625 Environmental laboratory certification; water
26 quality tests conducted by a certified laboratory.--
27 (1) To assure the acceptable quality, reliability, and
28 validity of testing results, the department and the Department
29 of Health shall jointly establish criteria for certification
30 of laboratories that perform analyses of environmental samples
31 that are not covered by the provisions in s. 403.863. The
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1 Department of Health shall have the responsibility for the
2 operation and implementation of such laboratory certification.
3 The Department of Health may charge and collect fees for the
4 certification of such laboratories. The fee schedule shall be
5 based on the number of analytical functions for which
6 certification is sought. Pursuant to s. 216.1817, such fees
7 shall be sufficient to meet the costs incurred by the
8 Department of Health in administering this program in
9 coordination with the department. All fees collected pursuant
10 to this section shall be deposited in a trust fund to be
11 administered by the Department of Health and shall be used
12 only for the purposes of this section.
13 Section 192. Subsection (6) of section 403.087,
14 Florida Statutes, is amended to read:
15 403.087 Permits; general issuance; denial; revocation;
16 prohibition; penalty.--
17 (6)(a) The department shall require a processing fee
18 in an amount sufficient, to the greatest extent possible, to
19 cover the costs of reviewing and acting upon any application
20 for a permit or request for site-specific alternative criteria
21 or for an exemption from water quality criteria and to cover
22 the costs of surveillance and other field services and related
23 support activities associated with any permit or plan approval
24 issued pursuant to this chapter. However, when an application
25 is received without the required fee, the department shall
26 acknowledge receipt of the application and shall immediately
27 return the unprocessed application to the applicant and shall
28 take no further action until the application is received with
29 the appropriate fee. The department shall adopt a schedule of
30 fees by rule, subject to the following limitations:
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1 1. The fee for any of the following may not exceed
2 $32,500 unless determined otherwise pursuant to s. 216.1817:
3 a. Hazardous waste, construction permit.
4 b. Hazardous waste, operation permit.
5 c. Hazardous waste, postclosure permit, or clean
6 closure plan approval.
7 2. The permit fee for a Class I injection well
8 construction permit may not exceed $12,500 unless determined
9 otherwise pursuant to s. 216.1817.
10 3. The permit fee for any of the following permits may
11 not exceed $10,000 unless determined otherwise pursuant to s.
12 216.1817:
13 a. Solid waste, construction permit.
14 b. Solid waste, operation permit.
15 c. Class I injection well, operation permit.
16 4. The permit fee for any of the following permits may
17 not exceed $7,500 unless determined otherwise pursuant to s.
18 216.1817:
19 a. Air pollution, construction permit.
20 b. Solid waste, closure permit.
21 c. Drinking water, construction or operation permit.
22 d. Domestic waste residuals, construction or operation
23 permit.
24 e. Industrial waste, operation permit.
25 f. Industrial waste, construction permit.
26 5. The permit fee for any of the following permits may
27 not exceed $5,000 unless determined otherwise pursuant to s.
28 216.1817:
29 a. Domestic waste, operation permit.
30 b. Domestic waste, construction permit.
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1 6. The permit fee for any of the following permits may
2 not exceed $4,000 unless determined otherwise pursuant to s.
3 216.1817:
4 a. Wetlands resource management--(dredge and fill),
5 standard form permit.
6 b. Hazardous waste, research and development permit.
7 c. Air pollution, operation permit, for sources not
8 subject to s. 403.0872.
9 d. Class III injection well, construction, operation,
10 or abandonment permits.
11 7. The permit fee for Class V injection wells,
12 construction, operation, and abandonment permits may not
13 exceed $750 unless determined otherwise pursuant to s.
14 216.1817.
15 8. The permit fee for any of the following permits may
16 not exceed $500 unless determined otherwise pursuant to s.
17 216.1817:
18 a. Domestic waste, collection system permits.
19 b. Wetlands resource management--(dredge and fill and
20 mangrove alterations), short permit form.
21 c. Drinking water, distribution system permit.
22 9. The permit fee for stormwater operation permits may
23 not exceed $100 unless determined otherwise pursuant to s.
24 216.1817.
25 10. The general permit fees for permits that require
26 certification by a registered professional engineer or
27 professional geologist may not exceed $500 unless determined
28 otherwise pursuant to s. 216.1817. The general permit fee for
29 other permit types may not exceed $100 unless determined
30 otherwise pursuant to s. 216.1817.
31
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1 11. The fee for a permit issued pursuant to s. 403.816
2 is $5,000 unless determined otherwise pursuant to s. 216.1817,
3 and the fee for any modification of such permit requested by
4 the applicant is $1,000 unless determined otherwise pursuant
5 to s. 216.1817.
6 12. The regulatory program and surveillance fees for
7 facilities permitted pursuant to s. 403.088 or s. 403.0885, or
8 for facilities permitted pursuant to s. 402 of the Clean Water
9 Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the
10 department has been granted administrative authority, shall be
11 limited as follows:
12 a. The fees for domestic wastewater facilities shall
13 not exceed $7,500 annually unless determined otherwise
14 pursuant to s. 216.1817. The department shall establish a
15 sliding scale of fees based on the permitted capacity and
16 shall ensure smaller domestic waste dischargers do not bear an
17 inordinate share of costs of the program.
18 b. The annual fees for industrial waste facilities
19 shall not exceed $11,500 unless determined otherwise pursuant
20 to s. 216.1817. The department shall establish a sliding scale
21 of fees based upon the volume, concentration, or nature of the
22 industrial waste discharge and shall ensure smaller industrial
23 waste dischargers do not bear an inordinate share of costs of
24 the program.
25 c. The department may establish a fee, not to exceed
26 the amounts in subparagraphs 4. and 5. unless determined
27 otherwise pursuant to s. 216.1817, to cover additional costs
28 of review required for permit modification or construction
29 engineering plans.
30 (b) If substantially similar air pollution sources are
31 to be constructed or modified at the same facility, the
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1 applicant may submit a single application and permit fee for
2 construction or modification of the sources at that facility.
3 If substantially similar air pollution sources located at the
4 same facility do not constitute a major source of air
5 pollution subject to permitting under s. 403.0872, the
6 applicant may submit a single application and permit fee for
7 the operation of those sources. The department may develop,
8 by rule, criteria for determining what constitutes
9 substantially similar sources.
10 (c) The fee schedule shall be adopted by rule pursuant
11 to s. 216.1817. The amount of each fee shall be reasonably
12 related to the costs of permitting, field services, and
13 related support activities for the particular permitting
14 activity taking into consideration consistently applied
15 standard cost-accounting principles and economies of scale.
16 If the department requires, by rule or by permit condition,
17 that a permit be renewed more frequently than once every 5
18 years, the permit fee shall be prorated based upon the permit
19 fee schedule in effect at the time of permit renewal.
20 (d) Nothing in this subsection authorizes the
21 construction or expansion of any stationary installation
22 except to the extent specifically authorized by department
23 permit or rule.
24 (e) For all domestic waste collection system permits
25 and drinking water distribution system permits, the department
26 shall adopt a fee schedule, by rule, based on a sliding scale
27 relating to pipe diameter, length of the proposed main, or
28 equivalent dwelling units, or any combination of these
29 factors. The department shall require a separate permit
30 application and fee for each noncontiguous project within the
31 system.
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1 Section 193. Subsection (11) of section 403.0872,
2 Florida Statutes, is amended to read:
3 403.0872 Operation permits for major sources of air
4 pollution; annual operation license fee.--
5 (11) Each major source of air pollution permitted to
6 operate in this state must pay between January 15 and March 1
7 of each year, upon written notice from the department, an
8 annual operation license fee in an amount determined by
9 department rule pursuant to s. 216.1817. The annual operation
10 license fee shall be terminated immediately in the event the
11 United States Environmental Protection Agency imposes annual
12 fees solely to implement and administer the major source
13 air-operation permit program in Florida under 40 C.F.R. s.
14 70.10(d).
15 (a) The annual fee must be assessed based upon the
16 source's previous year's emissions and must be calculated by
17 multiplying the applicable annual operation license fee factor
18 times the tons of each regulated air pollutant (except carbon
19 monoxide) allowed to be emitted per hour by specific condition
20 of the source's most recent construction or operation permit,
21 times the annual hours of operation allowed by permit
22 condition; provided, however, that:
23 1. The license fee factor is $25 or another amount
24 determined by department rule pursuant to s. 216.1817, which
25 ensures that the revenue provided by each year's operation
26 license fees is sufficient to cover all reasonable direct and
27 indirect costs of the major stationary source air-operation
28 permit program established by this section. The license fee
29 factor may be increased beyond $25 only if the secretary of
30 the department affirmatively finds that a shortage of revenue
31 for support of the major stationary source air-operation
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1 permit program will occur in the absence of a fee factor
2 adjustment. The annual license fee factor may never exceed $35
3 unless determined otherwise pursuant to s. 216.1817.
4 2. For any source that operates for fewer hours during
5 the calendar year than allowed under its permit, the annual
6 fee calculation must be based upon actual hours of operation
7 rather than allowable hours if the owner or operator of the
8 source documents the source's actual hours of operation for
9 the calendar year. For any source that has an emissions limit
10 that is dependent upon the type of fuel burned, the annual fee
11 calculation must be based on the emissions limit applicable
12 during actual hours of operation.
13 3. For any source whose allowable emission limitation
14 is specified by permit per units of material input or heat
15 input or product output, the applicable input or production
16 amount may be used to calculate the allowable emissions if the
17 owner or operator of the source documents the actual input or
18 production amount. If the input or production amount is not
19 documented, the maximum allowable input or production amount
20 specified in the permit must be used to calculate the
21 allowable emissions.
22 4. For any new source that does not receive its first
23 operation permit until after the beginning of a calendar year,
24 the annual fee for the year must be reduced pro rata to
25 reflect the period during which the source was not allowed to
26 operate.
27 5. For any source that emits less of any regulated air
28 pollutant than allowed by permit condition, the annual fee
29 calculation for such pollutant must be based upon actual
30 emissions rather than allowable emissions if the owner or
31 operator documents the source's actual emissions by means of
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1 data from a department-approved certified continuous emissions
2 monitor or from an emissions monitoring method which has been
3 approved by the United States Environmental Protection Agency
4 under the regulations implementing 42 U.S.C. ss. 7651 et seq.,
5 or from a method approved by the department for purposes of
6 this section.
7 6. The amount of each regulated air pollutant in
8 excess of 4,000 tons per year allowed to be emitted by any
9 source, or group of sources belonging to the same Major Group
10 as described in the Standard Industrial Classification Manual,
11 1987, may not be included in the calculation of the fee. Any
12 source, or group of sources, which does not emit any regulated
13 air pollutant in excess of 4,000 tons per year, is allowed a
14 one-time credit not to exceed 25 percent of the first annual
15 licensing fee for the prorated portion of existing
16 air-operation permit application fees remaining upon
17 commencement of the annual licensing fees.
18 7. If the department has not received the fee by
19 February 15 of the calendar year, the permittee must be sent a
20 written warning of the consequences for failing to pay the fee
21 by March 1. If the fee is not postmarked by March 1 of the
22 calendar year, the department shall impose, in addition to the
23 fee, a penalty of 50 percent of the amount of the fee, plus
24 interest on such amount computed in accordance with s.
25 220.807. The department may not impose such penalty or
26 interest on any amount underpaid, provided that the permittee
27 has timely remitted payment of at least 90 percent of the
28 amount determined to be due and remits full payment within 60
29 days after receipt of notice of the amount underpaid. The
30 department may waive the collection of underpayment and shall
31 not be required to refund overpayment of the fee, if the
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1 amount due is less than 1 percent of the fee, up to $50. The
2 department may revoke any major air pollution source operation
3 permit if it finds that the permitholder has failed to timely
4 pay any required annual operation license fee, penalty, or
5 interest.
6 8. Notwithstanding the computational provisions of
7 this subsection, the annual operation license fee for any
8 source subject to this section shall not be less than $250,
9 except that the annual operation license fee for sources
10 permitted solely through general permits issued under s.
11 403.814 shall not exceed $50 per year unless determined
12 otherwise pursuant to s. 216.1817.
13 9. Notwithstanding the provisions of s.
14 403.087(6)(a)4.a., authorizing air pollution construction
15 permit fees, the department may not require such fees for
16 changes or additions to a major source of air pollution
17 permitted pursuant to this section, unless the activity
18 triggers permitting requirements under Title I, Part C or Part
19 D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.
20 Costs to issue and administer such permits shall be considered
21 direct and indirect costs of the major stationary source
22 air-operation permit program under s. 403.0873. The department
23 shall, however, require fees pursuant to the provisions of s.
24 403.087(6)(a)4.a. for the construction of a new major source
25 of air pollution that will be subject to the permitting
26 requirements of this section once constructed and for
27 activities triggering permitting requirements under Title I,
28 Part C or Part D, of the federal Clean Air Act, 42 U.S.C. ss.
29 7470-7514a.
30 (b) Annual operation license fees collected by the
31 department must be sufficient to cover all reasonable direct
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1 and indirect costs required to develop and administer the
2 major stationary source air-operation permit program, which
3 shall consist of the following elements to the extent that
4 they are reasonably related to the regulation of major
5 stationary air pollution sources, in accordance with United
6 States Environmental Protection Agency regulations and
7 guidelines:
8 1. Reviewing and acting upon any application for such
9 a permit.
10 2. Implementing and enforcing the terms and conditions
11 of any such permit, excluding court costs or other costs
12 associated with any enforcement action.
13 3. Emissions and ambient monitoring.
14 4. Preparing generally applicable regulations or
15 guidance.
16 5. Modeling, analyses, and demonstrations.
17 6. Preparing inventories and tracking emissions.
18 7. Implementing the Small Business Stationary Source
19 Technical and Environmental Compliance Assistance Program.
20 8. Any audits conducted under paragraph (c).
21 (c) An audit of the major stationary source
22 air-operation permit program must be conducted 2 years after
23 the United States Environmental Protection Agency has given
24 full approval of the program to ascertain whether the annual
25 operation license fees collected by the department are used
26 solely to support any reasonable direct and indirect costs as
27 listed in paragraph (b). A program audit must be performed
28 biennially after the first audit.
29 Section 194. Paragraph (a) of subsection (3) of
30 section 403.0876, Florida Statutes, is amended to read:
31 403.0876 Permits; processing.--
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1 (3)(a) The department shall establish a special unit
2 for permit coordination and processing to provide expeditious
3 processing of department permits which the district offices
4 are unable to process expeditiously and to provide accelerated
5 processing of certain permits or renewals for economic and
6 operating stability. The ability of the department to process
7 applications pursuant to this subsection in a more timely
8 manner than allowed by subsections (1) and (2) is dependent
9 upon the timely exchange of information between the applicant
10 and the department and the intervention of outside parties as
11 allowed by law. An applicant may request the processing of
12 its permit application by the special unit if the application
13 is from an area of high unemployment or low per capita income,
14 is from a business or industry that is the primary employer
15 within an area's labor market, or is in an industry with
16 respect to which the complexities involved in the review of
17 the application require special skills uniquely available in
18 the headquarters office. The department may require the
19 applicant to waive the 90-day time limitation for department
20 issuance or denial of the permit once for a period not to
21 exceed 90 days. The department may require a special fee to
22 cover the direct cost of processing special applications in
23 addition to normal permit fees and costs. The special fee may
24 not exceed $10,000 per permit required unless determined
25 otherwise pursuant to s. 216.1817. Applications for renewal
26 permits, but not applications for initial permits, required
27 for facilities pursuant to the Electrical Power Plant Siting
28 Act or the Transmission Line Siting Act may be processed under
29 this subsection. Personnel staffing the special unit shall
30 have lengthy experience in permit processing.
31
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1 Section 195. Subsection (2) of section 403.311,
2 Florida Statutes, is amended to read:
3 403.311 Application for weather modification
4 licensing; fee.--
5 (2) Each application shall be accompanied by a filing
6 fee in the sum of $1,000 unless determined otherwise pursuant
7 to s. 216.1817 and by proof of financial responsibility as
8 required by s. 403.321.
9 Section 196. Paragraph (a) of subsection (4) of
10 section 403.4154, Florida Statutes, is amended to read:
11 403.4154 Phosphogypsum management program.--
12 (4) REGISTRATION FEES.--
13 (a)1. The owner or operator of each existing
14 phosphogypsum stack who has not provided a performance bond,
15 letter of credit, trust fund agreement, or closure insurance
16 to demonstrate financial responsibility for closure and
17 long-term care shall pay to the department a fee as set forth
18 in this paragraph. All fees shall be deposited in the
19 Nonmandatory Land Reclamation Trust Fund.
20 2. Unless determined otherwise pursuant to s.
21 216.1817, the amount of the fee for each existing stack shall
22 be $75,000 for each of the five 12-month periods following
23 July 1, 2001.
24 3. Unless determined otherwise pursuant to s.
25 216.1817, the amount of the fee for any new stack for which
26 the owner or operator has not provided a performance bond,
27 letter of credit, trust fund agreement, or closure insurance
28 to demonstrate financial responsibility for closure and
29 long-term care shall be $75,000 for each of the five 12-month
30 periods following the issuance by the department of a
31 construction permit for that stack.
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1 4. Within 30 days after a phosphogypsum stack has been
2 certified as closed pursuant to rule 62-673.620(2) and (3),
3 Florida Administrative Code, the department shall refund to
4 the owner of the closed phosphogypsum stack an amount from the
5 Nonmandatory Land Reclamation Trust Fund equal to the total
6 amount of fee payments made by the owner or operator to the
7 fund in connection with the closed phosphogypsum stack, except
8 that any refund becoming payable prior to July 1, 2009, shall
9 be paid to the owner on or after that date.
10 Section 197. Subsection (1) of section 403.518,
11 Florida Statutes, is amended to read:
12 403.518 Fees; disposition.--
13 (1) The department shall charge the applicant the
14 following fees, as appropriate, which shall be paid into the
15 Florida Permit Fee Trust Fund:
16 (a) A fee for a notice of intent pursuant to s.
17 403.5063, in the amount of $2,500 unless determined otherwise
18 pursuant to s. 216.1817, to be submitted to the department at
19 the time of filing of a notice of intent. The notice-of-intent
20 fee shall be used and disbursed in the same manner as the
21 application fee.
22 (b) An application fee, which shall not exceed
23 $200,000 unless determined otherwise pursuant to s. 216.1817.
24 The fee shall be fixed by rule on a sliding scale related to
25 the size, type, ultimate site capacity, increase in generating
26 capacity proposed by the application, or the number and size
27 of local governments in whose jurisdiction the electrical
28 power plant is located.
29 1. Sixty percent of the fee shall go to the department
30 to cover any costs associated with reviewing and acting upon
31 the application, to cover any field services associated with
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1 monitoring construction and operation of the facility, and to
2 cover the costs of the public notices published by the
3 department.
4 2. Twenty percent of the fee or $25,000, whichever is
5 greater, shall be transferred to the Administrative Trust Fund
6 of the Division of Administrative Hearings of the Department
7 of Management Services.
8 3. Upon written request with proper itemized
9 accounting within 90 days after final agency action by the
10 board or withdrawal of the application, the department shall
11 reimburse the Department of Community Affairs, the Fish and
12 Wildlife Conservation Commission, and any water management
13 district created pursuant to chapter 373, regional planning
14 council, and local government in the jurisdiction of which the
15 proposed electrical power plant is to be located, and any
16 other agency from which the department requests special
17 studies pursuant to s. 403.507(2)(a)7. Such reimbursement
18 shall be authorized for the preparation of any studies
19 required of the agencies by this act, and for agency travel
20 and per diem to attend any hearing held pursuant to this act,
21 and for local governments to participate in the proceedings.
22 In the event the amount available for allocation is
23 insufficient to provide for complete reimbursement to the
24 agencies, reimbursement shall be on a prorated basis.
25 4. If any sums are remaining, the department shall
26 retain them for its use in the same manner as is otherwise
27 authorized by this act; provided, however, that if the
28 certification application is withdrawn, the remaining sums
29 shall be refunded to the applicant within 90 days after
30 withdrawal.
31
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1 (c) A certification modification fee, which shall not
2 exceed $30,000 unless determined otherwise pursuant to s.
3 216.1817. The fee shall be submitted to the department with a
4 formal petition for modification to the department pursuant to
5 s. 403.516. This fee shall be established, disbursed, and
6 processed in the same manner as the application fee in
7 paragraph (b), except that the Division of Administrative
8 Hearings shall not receive a portion of the fee unless the
9 petition for certification modification is referred to the
10 Division of Administrative Hearings for hearing. If the
11 petition is so referred, only $10,000 of the fee shall be
12 transferred to the Administrative Trust Fund of the Division
13 of Administrative Hearings of the Department of Management
14 Services. The fee for a modification by agreement filed
15 pursuant to s. 403.516(1)(b) shall be $10,000 unless
16 determined otherwise pursuant to s. 216.1817, to be paid upon
17 the filing of the request for modification. Any sums
18 remaining after payment of authorized costs shall be refunded
19 to the applicant within 90 days of issuance or denial of the
20 modification or withdrawal of the request for modification.
21 (d) A supplemental application fee, not to exceed
22 $75,000 unless determined otherwise pursuant to s. 216.1817,
23 to cover all reasonable expenses and costs of the review,
24 processing, and proceedings of a supplemental application.
25 This fee shall be established, disbursed, and processed in the
26 same manner as the certification application fee in paragraph
27 (b), except that only $20,000 of the fee shall be transferred
28 to the Administrative Trust Fund of the Division of
29 Administrative Hearings of the Department of Management
30 Services.
31
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1 (e) An existing site certification application fee,
2 not to exceed $200,000 unless determined otherwise pursuant to
3 s. 216.1817, to cover all reasonable costs and expenses of the
4 review processing and proceedings for certification of an
5 existing power plant site under s. 403.5175. This fee must be
6 established, disbursed, and processed in the same manner as
7 the certification application fee in paragraph (b).
8 Section 198. Section 403.5365, Florida Statutes, is
9 amended to read:
10 403.5365 Fees; disposition.--The department shall
11 charge the applicant the following fees, as appropriate, which
12 shall be paid into the Florida Permit Fee Trust Fund:
13 (1) Unless determined otherwise pursuant to s.
14 216.1817, an application fee of $100,000, plus $750 per mile
15 for each mile of corridor in which the transmission line
16 right-of-way is proposed to be located within an existing
17 electrical transmission line right-of-way or within any
18 existing right-of-way for any road, highway, railroad, or
19 other aboveground linear facility, or $1,000 per mile for each
20 mile of transmission line corridor proposed to be located
21 outside such existing right-of-way.
22 (a) Sixty percent of the fee shall go to the
23 department to cover any costs associated with reviewing and
24 acting upon the application and any costs for field services
25 associated with monitoring construction and operation of the
26 facility.
27 (b) Twenty percent of the fees specified under this
28 section, except postcertification fees, shall be transferred
29 to the Administrative Trust Fund of the Division of
30 Administrative Hearings of the Department of Management
31 Services.
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1 (c) Upon written request with proper itemized
2 accounting within 90 days after final agency action by the
3 board or withdrawal of the application, the department shall
4 reimburse the expenses and costs of the Department of
5 Community Affairs, the Fish and Wildlife Conservation
6 Commission, the water management district, regional planning
7 council, and local government in the jurisdiction of which the
8 transmission line is to be located. Such reimbursement shall
9 be authorized for the preparation of any studies required of
10 the agencies by this act, and for agency travel and per diem
11 to attend any hearing held pursuant to this act, and for the
12 local government to participate in the proceedings. In the
13 event the amount available for allocation is insufficient to
14 provide for complete reimbursement to the agencies,
15 reimbursement shall be on a prorated basis.
16 (d) If any sums are remaining, the department shall
17 retain them for its use in the same manner as is otherwise
18 authorized by this section; provided, however, that if the
19 certification application is withdrawn, the remaining sums
20 shall be refunded to the applicant within 90 days after
21 withdrawal.
22 (2) An amendment fee.
23 (a) If no corridor alignment change is proposed by the
24 amendment, no amendment fee shall be charged.
25 (b) If a corridor alignment change is proposed by the
26 applicant, an additional fee of a minimum of $2,000 and $750
27 per mile unless determined otherwise pursuant to s. 216.1817
28 shall be submitted to the department for use in accordance
29 with this act.
30 (c) If an amendment is required to address issues,
31 including alternate corridors pursuant to s. 403.5271, raised
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1 by the department or other parties, no fee for such amendment
2 shall be charged.
3 (3) A certification modification fee.
4 (a) If no corridor alignment change is proposed by the
5 applicant, the modification fee shall be $4,000 unless
6 determined otherwise pursuant to s. 216.1817.
7 (b) If a corridor alignment change is proposed by the
8 applicant, the fee shall be $1,000 for each mile of
9 realignment plus an amount not to exceed $10,000 unless
10 determined otherwise pursuant to s. 216.1817, to be fixed by
11 rule on a sliding scale based on the load-carrying capability
12 and configuration of the transmission line, for use in
13 accordance with subsection (2).
14 Section 199. Subsection (1) of section 403.7046,
15 Florida Statutes, is amended to read:
16 403.7046 Regulation of recovered materials.--
17 (1) Any person who handles, purchases, receives,
18 recovers, sells, or is an end user of recovered materials
19 shall annually certify to the department on forms provided by
20 the department. The department may by rule exempt from this
21 requirement generators of recovered materials; persons who
22 handle or sell recovered materials as an activity which is
23 incidental to the normal primary business activities of that
24 person; or persons who handle, purchase, receive, recover,
25 sell, or are end users of recovered materials in small
26 quantities as defined by the department. The department shall
27 adopt rules for the certification of and reporting by such
28 persons and shall establish criteria for revocation of such
29 certification. Prior to the adoption of such rules, the
30 department shall appoint a technical advisory committee of no
31 more than nine persons, including, at a minimum,
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1 representatives of the Florida Association of Counties, the
2 Florida League of Cities, the Florida Recyclers Association,
3 and the Florida Chapter of the National Solid Waste Management
4 Association, to aid in the development of such rules. Such
5 rules shall be designed to elicit, at a minimum, the amount
6 and types of recovered materials handled by registrants, and
7 the amount and disposal site, or name of person with whom such
8 disposal was arranged, of any solid waste generated by such
9 facility. Such rules may provide for the department to
10 conduct periodic inspections. The department shall may charge
11 a fee of up to $50 for each registration, unless determined
12 otherwise pursuant to s. 216.1817, which shall be deposited
13 into the Solid Waste Management Trust Fund for implementation
14 of the program.
15 Section 200. Subsection (4) of section 403.717,
16 Florida Statutes, is amended to read:
17 403.717 Waste tire and lead-acid battery
18 requirements.--
19 (4) The department shall adopt rules to carry out the
20 provisions of this section and ss. 403.718 and 403.719. Such
21 rules shall:
22 (a) Provide for the administration or revocation of
23 waste tire processing facility permits, including mobile
24 processor permits;
25 (b) Provide for the administration or revocation of
26 waste tire collector registrations, the fees for which may not
27 exceed $50 per vehicle registered annually unless determined
28 otherwise pursuant to s. 216.1817;
29 (c) Provide for the administration or revocation of
30 waste tire collection center permits, the fee for which may
31
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1 not exceed $250 annually unless determined otherwise pursuant
2 to s. 216.1817.
3 (d) Set standards, including financial assurance
4 standards, for waste tire processing facilities and associated
5 waste tire sites, waste tire collection centers, waste tire
6 collectors, and for the storage of waste tires and processed
7 tires, including storage indoors;
8 (e) The department may by rule exempt not-for-hire
9 waste tire collectors and processing facilities from financial
10 assurance requirements.
11 (f) Establish procedures for administering the waste
12 tire grants program and issuing grants;
13 (g) Authorize the final disposal of waste tires at a
14 permitted solid waste disposal facility provided the tires
15 have been cut into sufficiently small parts to assure their
16 proper disposal; and
17 (h) Allow waste tire material which has been cut into
18 sufficiently small parts to be used as daily cover material
19 for a landfill.
20 Section 201. Paragraph (a) of subsection (6) of
21 section 403.7186, Florida Statutes, is amended to read:
22 403.7186 Environmentally sound management of
23 mercury-containing devices and lamps.--
24 (6) DEPARTMENT RULES.--The department shall adopt
25 rules to carry out the provisions of this section. Such rules
26 shall:
27 (a) Provide the criteria and procedures for obtaining
28 a reclamation facility permit, the fee for which may not
29 exceed $2,000 annually unless determined otherwise pursuant to
30 s. 216.1817.
31
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1 Section 202. Subsection (8) of section 403.722,
2 Florida Statutes, is amended to read:
3 403.722 Permits; hazardous waste disposal, storage,
4 and treatment facilities.--
5 (8) For permits required by this section, pursuant to
6 s. 216.1817 the department shall may require that a fee be
7 paid and may establish, by rule, a fee schedule based on the
8 degree of hazard and the amount and type of hazardous waste
9 disposed of, stored, or treated at the facility.
10 Section 203. Subsection (4) of section 403.754,
11 Florida Statutes, is amended to read:
12 403.754 Registration of persons transporting,
13 processing, burning, or marketing used oil; fees; reports and
14 records.--
15 (4) Pursuant to s. 216.1817, the department shall may
16 prescribe a fee for the registration required by this section
17 in an amount which is sufficient to cover the cost of
18 processing applications.
19 Section 204. Section 403.7842, Florida Statutes, is
20 amended to read:
21 403.7842 Fees.--
22 (1) The applicant shall submit to the department with
23 a certification application a filing fee of $75,000 unless
24 determined otherwise pursuant to s. 216.1817. The department
25 may reject any application for failure to timely file the
26 application fee.
27 (2) Any amendment to the application initiated by and
28 filed by the applicant involving a substantial change in the
29 size, location, or method of operation of the facility or
30 requiring additional studies by governmental agencies shall be
31
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1 accompanied by an application amendment fee of $5,000 unless
2 determined otherwise pursuant to s. 216.1817.
3 (3) Reasonable expenses and costs of the processing of
4 the application by the department, and other governmental
5 agencies required to prepare reports on the application, shall
6 be paid, in an amount as determined by the department, from
7 the application or application amendment fees.
8 (4) As a condition of certification, the board shall
9 may impose, pursuant to s. 216.1817, an annual inspection and
10 monitoring fee in an amount not to exceed actual annual costs
11 of the department for those activities related to the project.
12 Section 205. Subsections (8) and (15) of section
13 403.861, Florida Statutes, are amended to read:
14 403.861 Department; powers and duties.--The department
15 shall have the power and the duty to carry out the provisions
16 and purposes of this act and, for this purpose, to:
17 (8) Require a fee in an amount sufficient to cover the
18 costs of viewing and acting upon any application for the
19 construction and operation of a public water supply system and
20 the costs of surveillance and other field services associated
21 with any permit issued, but the amount in no case shall not
22 exceed $7,500 unless determined otherwise pursuant to s.
23 216.1817. The fee schedule shall be adopted by rule based on
24 a sliding scale relating to the size, type of treatment, or
25 population served by the system that is proposed by the
26 applicant.
27 (15) Establish and collect fees pursuant to s.
28 216.1817 for conducting state laboratory analyses as may be
29 necessary, to be collected and used by either the department
30 or the Department of Health in conducting its public water
31 supply laboratory functions.
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1 Section 206. Subsection (3) of section 403.8635,
2 Florida Statutes, is amended to read:
3 403.8635 State drinking water sample laboratory
4 certification program.--
5 (3) The Department of Health is authorized to charge
6 and collect fees pursuant to s. 216.1817 for the evaluation
7 and certification of laboratories pursuant to this part. The
8 fee schedule shall be based on the number of analytical
9 functions for which certification is sought. Such fees shall
10 be sufficient to meet the costs incurred by the Department of
11 Health in the administration and operation of this program.
12 All fees shall be deposited in a trust fund administered by
13 the Department of Health to be used for the sole purpose of
14 this section.
15 Section 207. Subsections (1) and (2) of section
16 403.871, Florida Statutes, is amended to read:
17 403.871 Fees.--The department shall, by rule,
18 establish fees to be paid by persons seeking licensure or
19 license renewal to cover the entire cost to the department of
20 administering ss. 403.865-403.876, including, but not limited
21 to, the costs associated with application review and
22 examination, reexamination, licensing and renewal, renewal of
23 an inactive license, reactivation of an inactive license,
24 recordmaking, and recordkeeping, and the costs of ensuring
25 compliance with ss. 403.865-403.876. The fees for license
26 application and license renewal shall be nonrefundable. The
27 department shall establish fees adequate to administer and
28 implement ss. 403.865-403.876.
29 (1) The application fee may not exceed $100 unless
30 determined otherwise pursuant to s. 216.1817, and the fee is
31 not refundable.
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1 (2) The renewal fee may not exceed $100 unless
2 determined otherwise pursuant to s. 216.1817, and the fee is
3 not refundable.
4 Section 208. Paragraph (b) of subsection (7) of
5 section 403.9329, Florida Statutes, is amended to read:
6 403.9329 Professional mangrove trimmers.--
7 (7)
8 (b) A delegated local government may require that any
9 person qualifying as a professional mangrove trimmer within
10 the jurisdiction of the local government:
11 1. Be registered with the local government.
12 2. Pay an annual registration fee that may not exceed
13 $500 unless determined otherwise pursuant to s. 216.1817.
14 3. Provide prior written notice to the delegated local
15 government before conducting the trimming activities
16 authorized under the exemptions provided by s. 403.9326.
17 4. Be onsite when mangrove-trimming activities are
18 performed.
19 Section 209. Paragraphs (b) and (c) of subsection (2)
20 of section 408.033, Florida Statutes, are amended to read:
21 408.033 Local and state health planning.--
22 (2) FUNDING.--
23 (b)1. A hospital licensed under chapter 395, a nursing
24 home licensed under chapter 400, and an assisted living
25 facility licensed under chapter 400 shall be assessed,
26 pursuant to s. 216.1817, an annual fee based on number of
27 beds.
28 2. All other facilities and organizations listed in
29 paragraph (a) shall each be assessed an annual fee of $150
30 unless determined otherwise pursuant to s. 216.1817.
31
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1 3. Facilities operated by the Department of Children
2 and Family Services, the Department of Health, or the
3 Department of Corrections and any hospital which meets the
4 definition of rural hospital pursuant to s. 395.602 are exempt
5 from the assessment required in this subsection.
6 (c)1. The agency shall, by rule, establish fees for
7 hospitals and nursing homes based on an assessment of $2 per
8 bed. However, no such facility shall be assessed more than a
9 total of $500, unless determined otherwise pursuant to s.
10 216.1817, under this subsection.
11 2. The agency shall, by rule, establish fees for
12 assisted living facilities based on an assessment of $1 per
13 bed. However, no such facility shall be assessed more than a
14 total of $150, unless determined otherwise pursuant to s.
15 216.1817, under this subsection.
16 3. The agency shall, by rule, establish an annual fee
17 of $150, unless determined otherwise pursuant to s. 216.1817,
18 for all other facilities and organizations listed in paragraph
19 (a).
20 Section 210. Section 408.038, Florida Statutes, is
21 amended to read:
22 408.038 Fees.--The agency shall assess fees on
23 certificate-of-need applications. Such fees shall be for the
24 purpose of funding the functions of the local health councils
25 and the activities of the agency and shall be allocated as
26 provided in s. 408.033. Unless determined otherwise pursuant
27 to s. 216.1817, the fee shall be determined as follows:
28 (1) A minimum base fee of $5,000.
29 (2) In addition to the base fee of $5,000, 0.015 of
30 each dollar of proposed expenditure, except that a fee may not
31 exceed $22,000.
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1 Section 211. Subsections (1), (2), (3), and (4) of
2 section 403.9421, Florida Statutes, is amended to read:
3 403.9421 Fees; disposition.--The department shall
4 charge the applicant the following fees, as appropriate, which
5 shall be paid into the Florida Permit Fee Trust Fund:
6 (1) An application fee of $240,000, plus $500 per mile
7 for each mile of natural gas transmission pipeline corridor
8 proposed to be located in an existing electrical transmission
9 line right-of-way or in existing rights-of-way for roads,
10 highways, railroads, gas, water, oil, sewer, or any other
11 public purpose, and $1,000 per mile for each mile of natural
12 gas transmission pipeline proposed to be located outside
13 existing rights-of-way, not to exceed a total fee of $890,000
14 unless determined otherwise pursuant to s. 216.1817.
15 (2) A postcertification fee determined as follows:
16 (a) For pipelines of 50 miles or less in total length,
17 the fee shall be $75,000 unless determined otherwise pursuant
18 to s. 216.1817.
19 (b) For pipelines of between 50 and 150 miles in total
20 length, the fee shall be $125,000 unless determined otherwise
21 pursuant to s. 216.1817.
22 (c) For pipelines of a total length greater than 150
23 miles, the fee shall be $175,000 unless determined otherwise
24 pursuant to s. 216.1817.
25 (3) An application amendment fee which shall apply
26 only when a corridor alignment change is proposed by an
27 applicant prior to the issuance of the department's written
28 analysis as to a proposed corridor.
29 (a) The fee shall be $5,000 plus $500 for each mile of
30 natural gas transmission pipeline corridor proposed to be
31 located in an existing electrical transmission line
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1 right-of-way or in existing rights-of-way for roads, highways,
2 railroads, gas, water, oil, sewer, or any other public
3 purpose, and $1,000 per mile for each mile of natural gas
4 transmission pipeline proposed to be located outside existing
5 rights-of-way unless determined otherwise pursuant to s.
6 216.1817.
7 (b) No fee shall be required if an applicant adopts an
8 alternate corridor alignment which is timely proposed under s.
9 403.9412.
10 (4) A certification modification fee determined as
11 follows:
12 (a) If no corridor alignment change is involved, the
13 fee shall be $10,000 unless determined otherwise pursuant to
14 s. 216.1817.
15 (b) If a corridor alignment change is proposed, the
16 fee shall be $10,000 plus $500 for each mile of natural gas
17 transmission pipeline corridor proposed to be located in an
18 existing electrical transmission line right-of-way or in
19 existing rights-of-way for roads, highways, railroads, gas,
20 water, oil, sewer, or any other public purpose, and $1,000 per
21 mile for each mile of natural gas transmission pipeline
22 proposed to be located outside existing rights-of-way unless
23 determined otherwise pursuant to s. 216.1817.
24 Section 212. Paragraph (f) of subsection (2) of
25 section 404.056, Florida Statutes, is amended to read:
26 404.056 Environmental radiation standards and
27 programs; radon protection.--
28 (2) CERTIFICATION.--
29 (f) The department shall may charge and collect
30 nonrefundable fees for the certification and annual
31 recertification of persons who perform radon gas or radon
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1 progeny measurements or who perform mitigation of buildings
2 for radon gas or radon progeny. The amount of the initial
3 application fee and certification shall be not less than $200
4 or more than $900 unless determined otherwise pursuant to s.
5 216.1817. The amount of the annual recertification fee shall
6 be not less than $200 or more than $900 unless determined
7 otherwise pursuant to s. 216.1817. The fee amounts shall be
8 the minimum fee prescribed in this paragraph, and such fee
9 amounts shall remain in effect until the effective date of a
10 fee schedule promulgated by rule by the department. The fees
11 collected shall be deposited in the Radiation Protection Trust
12 Fund and shall be used only to implement the provisions of
13 this section. The surcharge established pursuant to s.
14 553.721 may be used to supplement the fees established in this
15 paragraph in carrying out the provisions of this subsection.
16 Section 213. Subsections (1), (3), (4), and (5) of s.
17 404.131, Florida Statutes, are amended to read:
18 404.131 Fees.--
19 (1) The department is authorized to charge and collect
20 reasonable fees for specific and general licenses and for the
21 registration of radiation machines. The fees, as determined
22 pursuant to s. 216.1817, shall not exceed the estimated costs
23 to the department of performing licensing, registration,
24 inspection, and other regulatory duties. Unless otherwise
25 provided by law, such fees shall be deposited to the credit of
26 the Radiation Protection Trust Fund, to be held and applied
27 solely for salaries and expenses of the department incurred in
28 implementing and enforcing the provisions of this chapter.
29 (3)(a) The department is authorized to charge and
30 collect reasonable fees from department licensees and nuclear
31 power plant licensees of the United States Nuclear Regulatory
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1 Commission who ship low-level radioactive waste to commercial
2 low-level radioactive waste management facilities. Such fees
3 shall be levied according to the cubic foot amount of
4 low-level radioactive waste shipped quarterly by each
5 department licensee and nuclear power plant licensee of the
6 United States Nuclear Regulatory Commission and shall be set
7 by the department pursuant to s. 216.1817 to provide an amount
8 no greater than the costs to the department of surveying the
9 external radiation levels of a vehicle carrying low-level
10 radioactive waste, inspection of the package bracing of a
11 vehicle carrying low-level radioactive waste, verification of
12 required marking and placarding of a vehicle carrying
13 low-level radioactive waste, examination of required shipping
14 papers, routing of low-level radioactive waste shipments to
15 their final destinations, and ensuring compliance with the
16 provisions of the Southeast Interstate Low-Level Radioactive
17 Waste Compact. Fees shall be $1.25 per cubic foot for the
18 first year and shall be determined by department rule for
19 succeeding years.
20 (b) All moneys collected by the department shall be
21 deposited in the Radiation Protection Trust Fund.
22 (4)(a) The department is authorized to charge and
23 collect reasonable fees pursuant to s. 216.1817 in an amount
24 no greater than the costs to the department of issuing a
25 permit to a person to transport low-level radioactive waste
26 into or through the borders of the state which is destined to
27 a commercial low-level radioactive waste management facility.
28 (b) All moneys collected by the department shall be
29 deposited in the Radiation Protection Trust Fund.
30 (5)(a) The department is authorized to collect
31 reasonable fees pursuant to s. 216.1817 from industries
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1 extracting solid minerals as defined in s. 211.30(1),
2 licensees, and nuclear power plants to meet the actual costs
3 of surveillance activities performed for the purpose of
4 monitoring the radiological environmental impact of activities
5 conducted by such solid mineral extraction industries,
6 licensees, and nuclear power plants.
7 (b) All moneys collected by the department shall be
8 deposited into the Radiation Protection Trust Fund and used
9 for environmental surveillance activities.
10 Section 214. Subsection (5) of section 404.22, Florida
11 Statutes, is amended to read:
12 404.22 Radiation machines and components;
13 inspection.--
14 (5)(a) The department shall may charge and collect
15 reasonable fees annually for the registration and inspection
16 of radiation machines pursuant to this section. Such fees
17 shall include the registration fee provided in s. 404.131 and
18 shall be deposited into the Radiation Protection Trust Fund.
19 Registration shall be on an annual basis. Registration shall
20 consist of having the registrant file, on forms prescribed and
21 furnished by the department, information which includes, but
22 is not limited to: type and number of radiation machines,
23 location of radiation machines, and changes in ownership.
24 Pursuant to s. 216.1817, the department shall establish by
25 rule a fee schedule based upon the actual costs incurred by
26 the department in carrying out its registration and inspection
27 responsibilities, including the salaries, expenses, and
28 equipment of inspectors, but excluding costs of supervision
29 and program administration. The fee schedule shall reflect
30 differences in the frequency and complexity of inspections
31 necessary to ensure that the radiation machines are
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1 functioning in accordance with the applicable standards
2 developed pursuant to this chapter and rules adopted pursuant
3 hereto.
4 (b) The fee schedule and frequency of inspections
5 shall be determined as follows:
6 1. Radiation machines which are used in the practice
7 of medicine, chiropractic medicine, osteopathic medicine, or
8 naturopathic medicine shall be inspected at least once every 2
9 years, but not more than annually, for an annual fee which is
10 not less than $83 or more than $145 for the first radiation
11 machine within an office or facility and not less than $36 or
12 more than $85 for each additional radiation machine therein
13 unless determined otherwise pursuant to s. 216.1817.
14 2. Radiation machines which are used in the practice
15 of veterinary medicine shall be inspected at least once every
16 3 years for an annual fee which is not less than $28 or more
17 than $50 for the first radiation machine within an office or
18 facility and not less than $19 or more than $34 for each
19 additional radiation machine therein unless determined
20 otherwise pursuant to s. 216.1817,.
21 3. Radiation machines which are used for educational
22 or industrial purposes shall be inspected at least once every
23 3 years for an annual fee which is not less than $26 or more
24 than $47 for the first radiation machine within an office or
25 facility and not less than $12 or more than $23 for each
26 additional radiation machine therein unless determined
27 otherwise pursuant to s. 216.1817.
28 4. Radiation machines which are used in the practice
29 of dentistry or podiatric medicine shall be inspected at least
30 once every 5 years but not more often than once every 4 years
31 for an annual fee which is not less than $16 or more than $31
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1 for the first radiation machine within an office or facility
2 and not less than $5 or more than $11 for each additional
3 radiation machine therein unless determined otherwise pursuant
4 to s. 216.1817.
5 5. Radiation machines which accelerate particles and
6 are used in the healing arts shall be inspected at least
7 annually for an annual fee which is not less than $153 or more
8 than $258 for the first radiation machine within an office or
9 facility and not less than $87 or more than $148 for each
10 additional radiation machine therein unless determined
11 otherwise pursuant to s. 216.1817.
12 6. Radiation machines which accelerate particles and
13 are used for educational or industrial purposes shall be
14 inspected at least once every 2 years for an annual fee which
15 is not less than $46 or more than $81 for the first radiation
16 machine within an office or facility and not less than $26 or
17 more than $48 for each additional radiation machine therein
18 unless determined otherwise pursuant to s. 216.1817.
19 7. If a radiation machine fails to meet the applicable
20 standards upon initial inspection, the department may
21 reinspect the radiation machine and charge a reinspection fee
22 in accordance with the same schedule of fees as in
23 subparagraphs 1.-6.
24 Section 215. Section 408.038, Florida Statutes, is
25 amended to read:
26 408.038 Fees.--The agency shall assess fees on
27 certificate-of-need applications. Such fees shall be for the
28 purpose of funding the functions of the local health councils
29 and the activities of the agency and shall be allocated as
30 provided in s. 408.033. The fee shall be determined as
31 follows:
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1 (1) A minimum base fee of $5,000 unless determined
2 otherwise pursuant to s. 216.1817.
3 (2) In addition to the base fee of $5,000, 0.015 of
4 each dollar of proposed expenditure, except that a fee may not
5 exceed $22,000 unless determined otherwise pursuant to s.
6 216.1817.
7 Section 216. Paragraph (c) of subsection (7) of
8 section 408.05, Florida Statutes, is amended to read:
9 408.05 State Center for Health Statistics.--
10 (7) BUDGET; FEES; TRUST FUND.--
11 (c) Pursuant to s. 216.1817, the center may charge
12 such reasonable fees for services as the agency prescribes by
13 rule. The established fees may not exceed the reasonable cost
14 for such services. Fees collected may not be used to offset
15 annual appropriations from the General Revenue Fund.
16 Section 217. Subsection (8) of section 440.05, Florida
17 Statutes, is amended to read:
18 440.05 Election of exemption; revocation of election;
19 notice; certification.--
20 (8)(a) Unless determined otherwise pursuant to s.
21 216.1817, the division must assess a fee of $50 with each
22 request for a construction industry certificate of election to
23 be exempt or renewal of election to be exempt under this
24 section.
25 (b) The funds collected by the division shall be used
26 to administer this section, to audit the businesses that pay
27 the fee for compliance with any requirements of this chapter,
28 and to enforce compliance with the provisions of this chapter.
29 Section 218. Paragraph (b) of subsection (2) of
30 section 440.134, Florida Statutes, is amended to read:
31
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1 440.134 Workers' compensation managed care
2 arrangement.--
3 (2)
4 (b) The agency shall authorize an insurer to offer or
5 utilize a workers' compensation managed care arrangement after
6 the insurer files a completed application along with the
7 payment of an a $1,000 application fee, and upon the agency's
8 being satisfied that the applicant has the ability to provide
9 quality of care consistent with the prevailing professional
10 standards of care and the insurer and its workers'
11 compensation managed care arrangement otherwise meets the
12 requirements of this section. Unless determined otherwise
13 pursuant to s. 216.1817, the application fee is $1,000. No
14 insurer may offer or utilize a managed care arrangement
15 without such authorization. The authorization, unless sooner
16 suspended or revoked, shall automatically expire 2 years after
17 the date of issuance unless renewed by the insurer. The
18 authorization shall be renewed upon application for renewal
19 and payment of a renewal fee of $1,000, provided that the
20 insurer is in compliance with the requirements of this section
21 and any rules adopted hereunder. Unless determined otherwise
22 pursuant to s. 216.1817, the renewal fee shall be $1,000. An
23 application for renewal of the authorization shall be made 90
24 days prior to expiration of the authorization, on forms
25 provided by the agency. The renewal application shall not
26 require the resubmission of any documents previously filed
27 with the agency if such documents have remained valid and
28 unchanged since their original filing.
29 Section 219. Paragraph (b) of subsection (7) of
30 section 440.491, Florida Statutes, is amended to read:
31
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1 440.491 Reemployment of injured workers;
2 rehabilitation.--
3 (7) PROVIDER QUALIFICATIONS.--
4 (b) Unless determined otherwise pursuant to s.
5 216.1817, the division shall impose a biennial application fee
6 of $25 for each listing in the directory, and all such fees
7 must be deposited in the Workers' Compensation Administration
8 Trust Fund.
9 Section 220. Subsection (1) of section 440.52, Florida
10 Statutes, is amended to read:
11 440.52 Registration of insurance carriers; notice of
12 cancellation or expiration of policy; suspension or revocation
13 of authority.--
14 (1) Each insurance carrier who desires to write such
15 compensation insurance in compliance with this chapter shall
16 be required, before writing such insurance, to register with
17 the division and pay a registration fee of $100. Unless
18 determined otherwise pursuant to s. 216.1817, the registration
19 fee is $100. This shall be deposited by the division in the
20 fund created by s. 440.50.
21 Section 221. Subsection (2) of section 445.008,
22 Florida Statutes, is amended to read:
23 445.008 Workforce Training Institute.--
24 (2) Workforce Florida, Inc., may enter into a contract
25 for the provision of administrative support services for the
26 institute. Workforce Florida, Inc., shall adopt policies for
27 the administration and operation of the institute and
28 establish, pursuant to s. 216.1817, admission fees in an
29 amount that which, in the aggregate, does not exceed the cost
30 of the program. Workforce Florida, Inc., may accept donations
31
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1 or grants of any type for any function or purpose of the
2 institute.
3 Section 222. Paragraph (a) of subsection (2) of
4 section 447.04, Florida Statutes, is amended to read:
5 447.04 Business agents; licenses, permits.--
6 (2)(a) Every person desiring to act as a business
7 agent in this state shall, before doing so, obtain a license
8 or permit by filing an application under oath therefor with
9 the department, accompanied by a fee of $25 and a full set of
10 fingerprints of the applicant taken by a law enforcement
11 agency qualified to take fingerprints. Unless determined
12 otherwise pursuant to s. 216.1817, the fee is $25. There shall
13 accompany the application a statement signed by the president
14 and the secretary of the labor organization for which he or
15 she proposes to act as agent, showing his or her authority to
16 do so. The department shall hold such application on file for
17 a period of 30 days, during which time any person may file
18 objections to the issuing of such license or permit.
19 Section 223. Subsection (7) of section 450.30, Florida
20 Statutes, is amended to read:
21 450.30 Requirement of certificate of registration;
22 education and examination program.--
23 (7) The department shall charge each applicant a $35
24 fee for the education and examination program unless
25 determined otherwise pursuant to s. 216.1817. Such fees shall
26 be deposited in the Crew Chief Registration Trust Fund.
27 Section 224. Paragraph (c) of subsection (1) of
28 section 450.31, Florida Statutes, is amended to read:
29 450.31 Issuance, revocation, and suspension of, and
30 refusal to issue or renew, certificate of registration.--
31
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1 (1) The department shall not issue to any person a
2 certificate of registration as a farm labor contractor, nor
3 shall it renew such certificate, until:
4 (c) Such person pays to the department, in cash or by,
5 certified check, or money order, a nonrefundable application
6 fee of $75 unless determined otherwise pursuant to s.
7 216.1817. Fees collected by the department under this
8 subsection shall be deposited in the State Treasury into the
9 Crew Chief Registration Trust Fund, which is hereby created,
10 and shall be utilized for administration of this part.
11 Section 225. Subsection (1) of section 455.203,
12 Florida Statutes, is amended to read:
13 455.203 Department; powers and duties.--The
14 department, for the boards under its jurisdiction, shall:
15 (1) Adopt rules establishing a procedure for the
16 biennial renewal of licenses; however, the department may
17 issue up to a 4-year license to selected licensees
18 notwithstanding any other provisions of law to the contrary.
19 Fees for such renewal shall not exceed the fee caps for
20 individual professions on an annualized basis as authorized by
21 law unless determined otherwise pursuant to s. 216.1817.
22 Section 226. Subsection (2) of section 455.213,
23 Florida Statutes, is amended to read:
24 455.213 General licensing provisions.--
25 (2) Before the issuance of any license, the department
26 shall may charge an initial license fee as determined pursuant
27 to s. 216.1817 by rule of the applicable board or, if no such
28 board exists, by rule of the department. Upon receipt of the
29 appropriate license fee, except as provided in subsection (3),
30 the department shall issue a license to any person certified
31 by the appropriate board, or its designee, or the department
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1 when there is no board, as having met the applicable
2 requirements imposed by law or rule. However, an applicant
3 who is not otherwise qualified for licensure is not entitled
4 to licensure solely based on a passing score on a required
5 examination.
6 Section 227. Subsection (3) of section 455.2179,
7 Florida Statutes, is amended to read:
8 455.2179 Continuing education provider approval; cease
9 and desist orders.--
10 (3) Each board authorized to approve continuing
11 education providers, or the department if there is no board,
12 shall may establish, by rule, a fee not to exceed $250, unless
13 determined otherwise pursuant to s. 216.1817, for anyone
14 seeking approval to provide continuing education courses, and
15 shall may establish, by rule, a biennial fee not to exceed
16 $250, unless determined otherwise pursuant to s. 216.1817, for
17 the renewal of providership of such courses. The Florida Real
18 Estate Commission, authorized under the provisions of chapter
19 475 to approve prelicensure, precertification, and
20 postlicensure education providers, shall may establish, by
21 rule, an application fee not to exceed $250, unless determined
22 otherwise pursuant to s. 216.1817, for anyone seeking approval
23 to offer prelicensure, precertification, or postlicensure
24 education courses and shall may establish, by rule, a biennial
25 fee not to exceed $250, unless determined otherwise pursuant
26 to s. 216.1817, for the renewal of such courses.
27 Section 228. Subsection (3) of section 455.218,
28 Florida Statutes, is amended to read:
29 455.218 Foreign-trained professionals; special
30 examination and license provisions.--
31
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1 (3) The fees charged for the examinations offered
2 under subsection (2) shall be established by the department
3 pursuant to s. 216.1817, for its boards, by rule and shall be
4 sufficient to develop or to contract for the development of
5 the examination and its administration, grading, and grade
6 reviews.
7 Section 229. Subsection (1) of section 455.219,
8 Florida Statutes, is amended to read:
9 455.219 Fees; receipts; disposition; periodic
10 management reports.--
11 (1) Each board within the department shall determine
12 by rule, pursuant to s. 216.1817, the amount of license fees
13 for its profession, based upon department-prepared long-range
14 estimates of the revenue required to implement all provisions
15 of law relating to the regulation of professions by the
16 department and any board; however, when the department has
17 determined, based on the long-range estimates of such revenue,
18 that a profession's trust fund moneys are in excess of the
19 amount required to cover the necessary functions of the board,
20 or the department when there is no board, the department may
21 adopt rules to implement a waiver of license renewal fees for
22 that profession for a period not to exceed 2 years, as
23 determined by the department. Each board, or the department
24 when there is no board, shall ensure license fees are adequate
25 to cover all anticipated costs and to maintain a reasonable
26 cash balance, as determined by rule of the department, with
27 advice of the applicable board. If sufficient action is not
28 taken by a board within 1 year of notification by the
29 department that license fees are projected to be inadequate,
30 the department shall set license fees pursuant to s. 216.1817
31 on behalf of the applicable board to cover anticipated costs
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1 and to maintain the required cash balance. The department
2 shall include recommended fee cap increases in its annual
3 report to the Legislature. Further, it is legislative intent
4 that no regulated profession operate with a negative cash
5 balance. The department may provide by rule for the
6 advancement of sufficient funds to any profession or the
7 Florida State Boxing Commission operating with a negative cash
8 balance. Such advancement may be for a period not to exceed 2
9 consecutive years and shall require interest to be paid by the
10 regulated profession. Interest shall be calculated at the
11 current rate earned on Professional Regulation Trust Fund
12 investments. Interest earned shall be allocated to the various
13 funds in accordance with the allocation of investment earnings
14 during the period of the advance.
15 Section 230. Section 455.2281, Florida Statutes, is
16 amended to read:
17 455.2281 Unlicensed activities; fees; disposition.--In
18 order to protect the public and to ensure a consumer-oriented
19 department, it is the intent of the Legislature that vigorous
20 enforcement of regulation for all professional activities is a
21 state priority. All enforcement costs should be covered by
22 professions regulated by the department. Therefore, the
23 department shall impose, upon initial licensure and each
24 renewal thereof, a special fee of $5 per licensee. Such fee
25 shall be $5 per license, unless determined otherwise pursuant
26 to s. 216.1817, and shall be in addition to all other fees
27 collected from each licensee and shall fund efforts to combat
28 unlicensed activity. Any profession regulated by the
29 department which offers services that are not subject to
30 regulation when provided by an unlicensed person may use funds
31 in its unlicensed activity account to inform the public of
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1 such situation. The board with concurrence of the department,
2 or the department when there is no board, may earmark $5 of
3 the current licensure fee for this purpose, if such board, or
4 profession regulated by the department, is not in a deficit
5 and has a reasonable cash balance. A board or profession
6 regulated by the department may authorize the transfer of
7 funds from the operating fund account to the unlicensed
8 activity account of that profession if the operating fund
9 account is not in a deficit and has a reasonable cash balance.
10 The department shall make direct charges to this fund by
11 profession and shall not allocate indirect overhead. The
12 department shall seek board advice regarding enforcement
13 methods and strategies prior to expenditure of funds; however,
14 the department may, without board advice, allocate funds to
15 cover the costs of continuing education compliance monitoring
16 under s. 455.2177. The department shall directly credit, by
17 profession, revenues received from the department's efforts to
18 enforce licensure provisions, including revenues received from
19 fines collected under s. 455.2177. The department shall
20 include all financial and statistical data resulting from
21 unlicensed activity enforcement and from continuing education
22 compliance monitoring as separate categories in the quarterly
23 management report provided for in s. 455.219. The department
24 shall not charge the account of any profession for the costs
25 incurred on behalf of any other profession. For an unlicensed
26 activity account, a balance which remains at the end of a
27 renewal cycle may, with concurrence of the applicable board
28 and the department, be transferred to the operating fund
29 account of that profession.
30 Section 231. Subsections (1) and (10) of section
31 456.004, Florida Statutes, are amended to read:
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1 456.004 Department; powers and duties.--The
2 department, for the professions under its jurisdiction, shall:
3 (1) Adopt rules establishing a procedure for the
4 biennial renewal of licenses; however, the department may
5 issue up to a 4-year license to selected licensees
6 notwithstanding any other provisions of law to the contrary.
7 The rules shall specify the expiration dates of licenses and
8 the process for tracking compliance with continuing education
9 requirements, financial responsibility requirements, and any
10 other conditions of renewal set forth in statute or rule. Fees
11 for such renewal shall not exceed the fee caps for individual
12 professions on an annualized basis as authorized by law unless
13 determined otherwise pursuant to s. 216.1817.
14 (10) Pursuant to s. 216.1817, set an examination fee
15 that includes all costs to develop, purchase, validate,
16 administer, and defend the examination and is an amount
17 certain to cover all administrative costs plus the actual
18 per-applicant cost of the examination.
19 Section 232. Subsection (2) of section 456.013,
20 Florida Statutes, is amended to read:
21 456.013 Department; general licensing provisions.--
22 (2) Before the issuance of any license, the department
23 shall charge an initial license fee as determined pursuant to
24 s. 216.1817 by the applicable board or, if no such board
25 exists, by rule of the department. Upon receipt of the
26 appropriate license fee, the department shall issue a license
27 to any person certified by the appropriate board, or its
28 designee, as having met the licensure requirements imposed by
29 law or rule. The license shall consist of a wallet-size
30 identification card and a wall card measuring 6 1/2 inches by
31 5 inches. In addition to the two-part license, the department,
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1 at the time of initial licensure, shall issue a wall
2 certificate suitable for conspicuous display, which shall be
3 no smaller than 8 1/2 inches by 14 inches. The licensee shall
4 surrender to the department the wallet-size identification
5 card, the wall card, and the wall certificate, if one has been
6 issued by the department, if the licensee's license is
7 revoked.
8 Section 233. Subsection (2) of section 456.015,
9 Florida Statutes, is amended to read:
10 456.015 Limited licenses.--
11 (2) Any person desiring to obtain a limited license,
12 when permitted by rule, shall submit to the board, or the
13 department when there is no board, an application and fee, not
14 to exceed $300 unless determined otherwise pursuant to s.
15 216.1817, and an affidavit stating that the applicant has been
16 licensed to practice in any jurisdiction in the United States
17 for at least 10 years in the profession for which the
18 applicant seeks a limited license. The affidavit shall also
19 state that the applicant has retired or intends to retire from
20 the practice of that profession and intends to practice only
21 pursuant to the restrictions of the limited license granted
22 pursuant to this section. If the applicant for a limited
23 license submits a notarized statement from the employer
24 stating that the applicant will not receive monetary
25 compensation for any service involving the practice of her or
26 his profession, the application and all licensure fees shall
27 be waived.
28 Section 234. Paragraph (b) of subsection (1) of
29 section 456.017, Florida Statutes, is amended to read:
30 456.017 Examinations.--
31 (1)
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1 (b) For each examination developed by the department
2 or contracted vendor, to the extent not otherwise specified by
3 statute, the board, or the department when there is no board,
4 shall by rule specify the general areas of competency to be
5 covered by each examination, the relative weight to be
6 assigned in grading each area tested, and the score necessary
7 to achieve a passing grade. Pursuant to s. 216.1817, the
8 department shall assess fees to cover the actual cost for any
9 purchase, development, validation, administration, and defense
10 of required examinations. This subsection does not apply to
11 national examinations approved and administered pursuant to
12 paragraph (c). If a practical examination is deemed to be
13 necessary, the rules shall specify the criteria by which
14 examiners are to be selected, the grading criteria to be used
15 by the examiner, the relative weight to be assigned in grading
16 each criterion, and the score necessary to achieve a passing
17 grade. When a mandatory standardization exercise for a
18 practical examination is required by law, the board, or the
19 department when there is no board, may conduct such exercise.
20 Therefore, board members, or employees of the department when
21 there is no board, may serve as examiners at a practical
22 examination with the consent of the board or department, as
23 appropriate.
24 Section 235. Subsection (3) of section 456.022,
25 Florida Statutes, is amended to read:
26 456.022 Foreign-trained professionals; special
27 examination and license provisions.--
28 (3) The fees charged for the examinations offered
29 under subsection (2) shall be established by the department
30 pursuant to s. 216.1817, for its boards, by rule, and shall be
31 sufficient to develop or to contract for the development of
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1 the examination and its administration, grading, and grade
2 reviews.
3 Section 236. Subsection (3) of section 456.036,
4 Florida Statutes, is amended to read:
5 456.036 Licenses; active and inactive status;
6 delinquency.--
7 (3) Pursuant to s. 216.1817, each board, or the
8 department if there is no board, shall by rule impose a fee
9 for renewal of an active or inactive status license. The
10 renewal fee for an inactive status license may not exceed the
11 fee for an active status license.
12 Section 237. Paragraph (b) of subsection (2) of
13 section 456.0375, Florida Statutes, is amended to read:
14 456.0375 Registration of certain clinics;
15 requirements; discipline; exemptions.--
16 (2)
17 (b) The department shall adopt rules necessary to
18 implement the registration program, including rules
19 establishing the specific registration procedures, forms, and
20 fees. Pursuant to s. 216.1817, registration fees must be
21 reasonably calculated to cover the cost of registration and
22 must be of such amount that the total fees collected do not
23 exceed the cost of administering and enforcing compliance with
24 this section. Registration may be conducted electronically.
25 The registration program must require:
26 1. The clinic to file the registration form with the
27 department within 60 days after the effective date of this
28 section or prior to the inception of operation. The
29 registration expires automatically 2 years after its date of
30 issuance and must be renewed biennially.
31
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1 2. The registration form to contain the name,
2 residence and business address, phone number, and license
3 number of the medical director or clinical director for the
4 clinic.
5 3. The clinic to display the registration certificate
6 in a conspicuous location within the clinic readily visible to
7 all patients.
8 Section 238. Subsection (3) of section 456.065,
9 Florida Statutes, is amended to read:
10 456.065 Unlicensed practice of a health care
11 profession; intent; cease and desist notice; penalties;
12 enforcement; citations; fees; allocation and disposition of
13 moneys collected.--
14 (3) Because all enforcement costs should be covered by
15 professions regulated by the department, the department shall
16 impose, upon initial licensure and each licensure renewal, a
17 special fee of $5 per licensee unless determined otherwise
18 pursuant to s. 216.1817, to fund efforts to combat unlicensed
19 activity. Such fee shall be in addition to all other fees
20 collected from each licensee. The department shall make direct
21 charges to the Medical Quality Assurance Trust Fund by
22 profession. The department shall seek board advice regarding
23 enforcement methods and strategies. The department shall
24 directly credit the Medical Quality Assurance Trust Fund, by
25 profession, with the revenues received from the department's
26 efforts to enforce licensure provisions. The department shall
27 include all financial and statistical data resulting from
28 unlicensed activity enforcement as a separate category in the
29 quarterly management report provided for in s. 456.025. For an
30 unlicensed activity account, a balance which remains at the
31 end of a renewal cycle may, with concurrence of the applicable
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1 board and the department, be transferred to the operating fund
2 account of that profession. The department shall also use
3 these funds to inform and educate consumers generally on the
4 importance of using licensed health care practitioners.
5 Section 239. Paragraph (d) of subsection (2) of
6 section 457.105, Florida Statutes, is amended to read:
7 457.105 Licensure qualifications and fees.--
8 (2) A person may become licensed to practice
9 acupuncture if the person applies to the department and:
10 (d) Pays the required fees set by the board by rule,
11 not to exceed the following amounts unless determined
12 otherwise pursuant to s. 216.1817:
13 1. Examination fee: $500 plus the actual per applicant
14 cost to the department for purchase of the written and
15 practical portions of the examination from a national
16 organization approved by the board.
17 2. Application fee: $300.
18 3. Reexamination fee: $500 plus the actual per
19 applicant cost to the department for purchase of the written
20 and practical portions of the examination from a national
21 organization approved by the board.
22 4. Initial biennial licensure fee: $400, if licensed
23 in the first half of the biennium, and $200, if licensed in
24 the second half of the biennium.
25 Section 240. Subsections (1) and (3) of section
26 457.107, Florida Statutes, are amended to read:
27 457.107 Renewal of licenses; continuing education.--
28 (1) The department shall renew a license upon receipt
29 of the renewal application and the required fee set by the
30 board by rule, not to exceed $500 unless determined otherwise
31 pursuant to s. 216.1817.
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1 (3) The board shall by rule prescribe continuing
2 education requirements, not to exceed 30 hours biennially, as
3 a condition for renewal of a license. All education programs
4 that contribute to the advancement, extension, or enhancement
5 of professional skills and knowledge related to the practice
6 of acupuncture, whether conducted by a nonprofit or
7 profitmaking entity, are eligible for approval. The continuing
8 professional education requirements must be in acupuncture or
9 oriental medicine subjects, including, but not limited to,
10 anatomy, biological sciences, adjunctive therapies, sanitation
11 and sterilization, emergency protocols, and diseases. The
12 board shall have the authority to set a fee, not to exceed
13 $100 unless determined otherwise pursuant to s. 216.1817, for
14 each continuing education provider. The licensee shall retain
15 in his or her records the certificates of completion of
16 continuing professional education requirements to prove
17 compliance with this subsection. The board may request such
18 documentation without cause from applicants who are selected
19 at random. All national and state acupuncture and oriental
20 medicine organizations and acupuncture and oriental medicine
21 schools are approved to provide continuing professional
22 education in accordance with this subsection.
23 Section 241. Subsection (2) of section 457.108,
24 Florida Statutes, is amended to read:
25 457.108 Inactive status; expiration; reactivation of
26 licenses.--
27 (2) The board shall adopt rules relating to
28 application procedures for inactive status, renewal of
29 inactive licenses, and reactivation of licenses. The board
30 shall prescribe by rule an application fee for inactive
31 status, a renewal fee for inactive status, a delinquency fee,
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1 and a fee for the reactivation of a license. None of these
2 fees may exceed the biennial renewal fee established by the
3 board for an active license unless determined otherwise
4 pursuant to s. 216.1817.
5 Section 242. Paragraph (a) of subsection (1) of
6 section 458.311, Florida Statutes, is amended to read:
7 458.311 Licensure by examination; requirements;
8 fees.--
9 (1) Any person desiring to be licensed as a physician,
10 who does not hold a valid license in any state, shall apply to
11 the department on forms furnished by the department. The
12 department shall license each applicant who the board
13 certifies:
14 (a) Has completed the application form and remitted a
15 nonrefundable application fee not to exceed $500 unless
16 determined otherwise pursuant to s. 216.1817.
17 Section 243. Subsection (2) of section 458.3124,
18 Florida Statutes, is amended to read:
19 458.3124 Restricted license; certain experienced
20 foreign-trained physicians.--
21 (2) A person applying for licensure under this section
22 must submit to the Department of Health on or before December
23 31, 2000:
24 (a) A completed application and documentation required
25 by the Board of Medicine to prove compliance with subsection
26 (1); and
27 (b) Unless determined otherwise pursuant to s.
28 216.1817, a nonrefundable application fee not to exceed $500
29 and a nonrefundable examination fee not to exceed $300 plus
30 the actual cost to purchase and administer the examination.
31
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1 Section 244. Subsection (1) of section 458.313,
2 Florida Statutes, is amended to read:
3 458.313 Licensure by endorsement; requirements;
4 fees.--
5 (1) The department shall issue a license by
6 endorsement to any applicant who, upon applying to the
7 department on forms furnished by the department and remitting
8 a fee, set by the board, not to exceed $500, unless determined
9 otherwise pursuant to s. 216.1817, the board certifies:
10 (a) Has met the qualifications for licensure in s.
11 458.311(1)(b)-(g) or in s. 458.311(1)(b)-(e) and (g) and (3);
12 (b) Prior to January 1, 2000, has obtained a passing
13 score, as established by rule of the board, on the licensure
14 examination of the Federation of State Medical Boards of the
15 United States, Inc. (FLEX), on the United States Medical
16 Licensing Examination (USMLE), or on the examination of the
17 National Board of Medical Examiners, or on a combination
18 thereof, and on or after January 1, 2000, has obtained a
19 passing score on the United States Medical Licensing
20 Examination (USMLE); and
21 (c) Has submitted evidence of the active licensed
22 practice of medicine in another jurisdiction, for at least 2
23 of the immediately preceding 4 years, or evidence of
24 successful completion of either a board-approved postgraduate
25 training program within 2 years preceding filing of an
26 application or a board-approved clinical competency
27 examination within the year preceding the filing of an
28 application for licensure. For purposes of this paragraph,
29 "active licensed practice of medicine" means that practice of
30 medicine by physicians, including those employed by any
31 governmental entity in community or public health, as defined
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1 by this chapter, medical directors under s. 641.495(11) who
2 are practicing medicine, and those on the active teaching
3 faculty of an accredited medical school.
4 Section 245. Paragraph (c) of subsection (2) of
5 section 458.3135, Florida Statutes, is amended to read:
6 458.3135 Temporary certificate for visiting physicians
7 to practice in approved cancer centers.--
8 (2) A temporary certificate for practice in an
9 approved cancer center may be issued without examination to an
10 individual who:
11 (c) Has completed the application form adopted by the
12 board and remitted a nonrefundable application fee not to
13 exceed $300 unless determined otherwise pursuant to s.
14 216.1817;
15 Section 246. Subsection (6) and (7) of section
16 458.314, Florida Statutes, are amended to read:
17 458.314 Certification of foreign educational
18 institutions.--
19 (6) Unless determined otherwise pursuant to s.
20 216.1817, a school shall pay a registration fee established by
21 rule of the department, not to exceed $1,000, at the time of
22 application for certification and shall pay all reasonable
23 costs and expenses the department expects to incur, in an
24 amount not to exceed $40,000, for the conduct of the
25 certification survey.
26 (7) The department shall renew a certification upon
27 receipt of a renewal application from an institution and a fee
28 not to exceed $500 unless determined otherwise pursuant to s.
29 216.1817. Each fully certified institution shall provide a
30 renewal application every 7 years. Any certification which is
31 not renewed shall expire.
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1 Section 247. Subsections (1) and (6) of section
2 458.3145, Florida Statutes, are amended to read:
3 458.3145 Medical faculty certificate.--
4 (1) A medical faculty certificate may be issued
5 without examination to an individual who:
6 (a) Is a graduate of an accredited medical school or
7 its equivalent, or is a graduate of a foreign medical school
8 listed with the World Health Organization;
9 (b) Holds a valid, current license to practice
10 medicine in another jurisdiction;
11 (c) Has completed the application form and remitted a
12 nonrefundable application fee not to exceed $500 unless
13 determined otherwise pursuant to s. 216.1817;
14 (d) Has completed an approved residency or fellowship
15 of at least 1 year or has received training which has been
16 determined by the board to be equivalent to the 1-year
17 residency requirement;
18 (e) Is at least 21 years of age;
19 (f) Is of good moral character;
20 (g) Has not committed any act in this or any other
21 jurisdiction which would constitute the basis for disciplining
22 a physician under s. 458.331;
23 (h) For any applicant who has graduated from medical
24 school after October 1, 1992, has completed, before entering
25 medical school, the equivalent of 2 academic years of
26 preprofessional, postsecondary education, as determined by
27 rule of the board, which must include, at a minimum, courses
28 in such fields as anatomy, biology, and chemistry; and
29 (i) Has been offered and has accepted a full-time
30 faculty appointment to teach in a program of medicine at:
31 1. The University of Florida,
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1 2. The University of Miami,
2 3. The University of South Florida,
3 4. The Florida State University, or
4 5. The Mayo Medical School at the Mayo Clinic in
5 Jacksonville, Florida.
6 (6) Notwithstanding subsection (1), any physician,
7 when providing medical care or treatment in connection with
8 the education of students, residents, or faculty at the
9 request of the dean of an accredited medical school within
10 this state or at the request of the medical director of a
11 statutory teaching hospital as defined in s. 408.07, may do so
12 upon registration with the board and demonstration of
13 financial responsibility pursuant to s. 458.320(1) or (2)
14 unless such physician is exempt under s. 458.320(5)(a). The
15 performance of such medical care or treatment must be limited
16 to a single period of time, which may not exceed 180
17 consecutive days, and must be rendered within a facility
18 registered under subsection (2) or within a statutory teaching
19 hospital as defined in s. 408.07. Unless determined otherwise
20 pursuant to s. 216.1817, a registration fee not to exceed
21 $300, as set by the board, is required of each physician
22 registered under this subsection. However, no more than three
23 physicians per year per institution may be registered under
24 this subsection, and an exemption under this subsection may
25 not be granted to a physician more than once in any given
26 5-year period.
27 Section 248. Section 458.315, Florida Statutes, is
28 amended to read:
29 458.315 Temporary certificate for practice in areas of
30 critical need.--Any physician who is licensed to practice in
31 any other state, whose license is currently valid, and who
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1 pays an application fee shall of $300 may be issued a
2 temporary certificate to practice in communities of Florida
3 where there is a critical need for physicians. Unless
4 determined otherwise pursuant to s. 216.1817, the application
5 fee is $300. A certificate may be issued to a physician who
6 will be employed by a county health department, correctional
7 facility, community health center funded by s. 329, s. 330, or
8 s. 340 of the United States Public Health Services Act, or
9 other entity that provides health care to indigents and that
10 is approved by the State Health Officer. The Board of
11 Medicine may issue this temporary certificate with the
12 following restrictions:
13 (1) The board shall determine the areas of critical
14 need, and the physician so certified may practice in any of
15 those areas for a time to be determined by the board. Such
16 areas shall include, but not be limited to, health
17 professional shortage areas designated by the United States
18 Department of Health and Human Services.
19 (a) A recipient of a temporary certificate for
20 practice in areas of critical need may use the license to work
21 for any approved employer in any area of critical need
22 approved by the board.
23 (b) The recipient of a temporary certificate for
24 practice in areas of critical need shall, within 30 days after
25 accepting employment, notify the board of all approved
26 institutions in which the licensee practices and of all
27 approved institutions where practice privileges have been
28 denied.
29 (2) The board may administer an abbreviated oral
30 examination to determine the physician's competency, but no
31 written regular examination is necessary. Within 60 days after
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1 receipt of an application for a temporary certificate, the
2 board shall review the application and issue the temporary
3 certificate or notify the applicant of denial.
4 (3) Any certificate issued under this section shall be
5 valid only so long as the area for which it is issued remains
6 an area of critical need. The Board of Medicine shall review
7 the service within said area not less than annually to
8 ascertain that the minimum requirements of the Medical
9 Practice Act and the rules and regulations promulgated
10 thereunder are being complied with. If it is determined that
11 such minimum requirements are not being met, the board shall
12 forthwith revoke such certificate.
13 (4) The board shall not issue a temporary certificate
14 for practice in an area of critical need to any physician who
15 is under investigation in another state for an act which would
16 constitute a violation of this chapter until such time as the
17 investigation is complete, at which time the provisions of s.
18 458.331 shall apply.
19 (5) The application fee and all licensure fees,
20 including neurological injury compensation assessments, shall
21 be waived for those persons obtaining a temporary certificate
22 to practice in areas of critical need for the purpose of
23 providing volunteer, uncompensated care for low-income
24 Floridians. The applicant must submit an affidavit from the
25 employing agency or institution stating that the physician
26 will not receive any compensation for any service involving
27 the practice of medicine.
28 Section 249. Subsection (1) of section 458.316,
29 Florida Statutes, is amended to read:
30 458.316 Public health certificate.--
31
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1 (1) Any person desiring to obtain a public health
2 certificate shall submit an application fee not to exceed $300
3 unless determined otherwise pursuant to s. 216.1817, and shall
4 demonstrate to the board that he or she is a graduate of an
5 accredited medical school and holds a master of public health
6 degree or is board eligible or certified in public health or
7 preventive medicine, or is licensed to practice medicine
8 without restriction in another jurisdiction in the United
9 States and holds a master of public health degree or is board
10 eligible or certified in public health or preventive medicine,
11 and shall meet the requirements in s. 458.311(1)(a)-(g) and
12 (5).
13 Section 250. Paragraph (a) of subsection (1) of
14 section 458.317, Florida Statutes, is amended to read:
15 458.317 Limited licenses.--
16 (1)(a) Any person desiring to obtain a limited license
17 shall:
18 1. Submit to the board, with an application and fee
19 not to exceed $300 unless determined otherwise pursuant to s.
20 216.1817, an affidavit stating that he or she has been
21 licensed to practice medicine in any jurisdiction in the
22 United States for at least 10 years and intends to practice
23 only pursuant to the restrictions of a limited license granted
24 pursuant to this section. However, a physician who is not
25 fully retired in all jurisdictions may use a limited license
26 only for noncompensated practice. If the person applying for a
27 limited license submits a notarized statement from the
28 employing agency or institution stating that he or she will
29 not receive compensation for any service involving the
30 practice of medicine, the application fee and all licensure
31 fees shall be waived. However, any person who receives a
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1 waiver of fees for a limited license shall pay such fees if
2 the person receives compensation for the practice of medicine.
3 2. Meet the requirements in s. 458.311(1)(b)-(g) and
4 (5). If the applicant graduated from medical school prior to
5 1946, the board or its appropriate committee may accept
6 military medical training or medical experience as a
7 substitute for the approved 1-year residency requirement in s.
8 458.311(1)(f).
9
10 Nothing herein limits in any way any policy by the board,
11 otherwise authorized by law, to grant licenses to physicians
12 duly licensed in other states under conditions less
13 restrictive than the requirements of this section.
14 Notwithstanding the other provisions of this section, the
15 board may refuse to authorize a physician otherwise qualified
16 to practice in the employ of any agency or institution
17 otherwise qualified if the agency or institution has caused or
18 permitted violations of the provisions of this chapter which
19 it knew or should have known were occurring.
20 Section 251. Subsection (1) and paragraph (b) of
21 subsection (5) of section 458.319, Florida Statutes, are
22 amended to read:
23 458.319 Renewal of license.--
24 (1) The department shall renew a license upon receipt
25 of the renewal application, evidence that the applicant has
26 actively practiced medicine or has been on the active teaching
27 faculty of an accredited medical school for at least 2 years
28 of the immediately preceding 4 years, and a fee not to exceed
29 $500 unless determined otherwise pursuant to s. 216.1817;
30 provided, however, that if the licensee is either a resident
31 physician, assistant resident physician, fellow, house
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1 physician, or intern in an approved postgraduate training
2 program, as defined by the board by rule, the fee shall not
3 exceed $100 per annum unless determined otherwise pursuant to
4 s. 216.1817. If the licensee has not actively practiced
5 medicine for at least 2 years of the immediately preceding 4
6 years, the board shall require that the licensee successfully
7 complete a board-approved clinical competency examination
8 prior to renewal of the license. "Actively practiced medicine"
9 means that practice of medicine by physicians, including those
10 employed by any governmental entity in community or public
11 health, as defined by this chapter, including physicians
12 practicing administrative medicine. An applicant for a renewed
13 license must also submit the information required under s.
14 456.039 to the department on a form and under procedures
15 specified by the department, along with payment in an amount
16 equal to the costs incurred by the Department of Health for
17 the statewide criminal background check of the applicant. The
18 applicant must submit a set of fingerprints to the Department
19 of Health on a form and under procedures specified by the
20 department, along with payment in an amount equal to the costs
21 incurred by the department for a national criminal background
22 check of the applicant for the initial renewal of his or her
23 license after January 1, 2000. If the applicant fails to
24 submit either the information required under s. 456.039 or a
25 set of fingerprints to the department as required by this
26 section, the department shall issue a notice of noncompliance,
27 and the applicant will be given 30 additional days to comply.
28 If the applicant fails to comply within 30 days after the
29 notice of noncompliance is issued, the department or board, as
30 appropriate, may issue a citation to the applicant and may
31 fine the applicant up to $50 for each day that the applicant
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1 is not in compliance with the requirements of s. 456.039. The
2 citation must clearly state that the applicant may choose, in
3 lieu of accepting the citation, to follow the procedure under
4 s. 456.073. If the applicant disputes the matter in the
5 citation, the procedures set forth in s. 456.073 must be
6 followed. However, if the applicant does not dispute the
7 matter in the citation with the department within 30 days
8 after the citation is served, the citation becomes a final
9 order and constitutes discipline. Service of a citation may be
10 made by personal service or certified mail, restricted
11 delivery, to the subject at the applicant's last known
12 address. If an applicant has submitted fingerprints to the
13 department for a national criminal history check upon initial
14 licensure and is renewing his or her license for the first
15 time, then the applicant need only submit the information and
16 fee required for a statewide criminal history check.
17 (5)
18 (b) At any time during the licensee's legislative term
19 of office and during the period of 60 days after the licensee
20 ceases to be a member of the Legislature, the licensee may
21 file a completed renewal application that shall consist solely
22 of:
23 1. Unless determined otherwise pursuant to s.
24 216.1817, a license renewal fee of $250 for each year the
25 licensee's license renewal has been continued and extended
26 pursuant to the terms of this subsection since the last
27 otherwise regularly scheduled biennial renewal year and each
28 year during which the renewed license shall be effective until
29 the next regularly scheduled biennial renewal date;
30 2. Documentation of the completion by the licensee of
31 10 hours of continuing medical education credits for each year
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1 from the effective date of the last renewed license for the
2 licensee until the year in which the application is filed;
3 3. The information from the licensee expressly
4 required in s. 456.039(1)(a)1.-8. and (b), and (4)(a), (b),
5 and (c).
6 Section 252. Subsections (1) and (4) of section
7 458.345, Florida Statutes, are amended to read:
8 458.345 Registration of resident physicians, interns,
9 and fellows; list of hospital employees; prescribing of
10 medicinal drugs; penalty.--
11 (1) Any person desiring to practice as a resident
12 physician, assistant resident physician, house physician,
13 intern, or fellow in fellowship training that which leads to
14 subspecialty board certification in this state, or any person
15 desiring to practice as a resident physician, assistant
16 resident physician, house physician, intern, or fellow in
17 fellowship training in a teaching hospital in this state, as
18 defined in s. 408.07(44) or s. 395.805(2), who does not hold a
19 valid, active license issued under this chapter shall apply to
20 the department to be registered and shall remit a fee not to
21 exceed $300 as set by the board unless determined otherwise
22 pursuant to s. 216.1817. The department shall register any
23 applicant the board certifies has met the following
24 requirements:
25 (a) Is at least 21 years of age.
26 (b) Has not committed any act or offense within or
27 without the state which would constitute the basis for refusal
28 to certify an application for licensure pursuant to s.
29 458.331.
30 (c) Is a graduate of a medical school or college as
31 specified in s. 458.311(1)(f).
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1 (4) Registration under this section shall
2 automatically expire after 2 years without further action by
3 the board or the department unless an application for renewal
4 is approved by the board. No person registered under this
5 section may be employed or utilized as a house physician or
6 act as a resident physician, an assistant resident physician,
7 an intern, or a fellow in fellowship training in a hospital or
8 teaching hospital of this state for more than 2 years without
9 a valid, active license or renewal of registration under this
10 section. Requirements for renewal of registration shall be
11 established by rule of the board. Unless determined otherwise
12 pursuant to s. 216.1817, an application fee not to exceed $300
13 as set by the board shall accompany the application for
14 renewal, except that resident physicians, assistant resident
15 physicians, interns, and fellows in fellowship training
16 registered under this section shall be exempt from payment of
17 any renewal fees.
18 Section 253. Paragraph (f) of subsection (4) and
19 paragraphs (a), (b), and (c) of subsection (7) of section
20 458.347, Florida Statutes, are amended to read:
21 458.347 Physician assistants.--
22 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.--
23 (f)1. The council shall establish a formulary of
24 medicinal drugs that a fully licensed physician assistant,
25 licensed under this section or s. 459.022, may not prescribe.
26 The formulary must include controlled substances as defined in
27 chapter 893, antipsychotics, general anesthetics and
28 radiographic contrast materials, and all parenteral
29 preparations except insulin and epinephrine.
30 2. In establishing the formulary, the council shall
31 consult with a pharmacist licensed under chapter 465, but not
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1 licensed under this chapter or chapter 459, who shall be
2 selected by the Secretary of Health.
3 3. Only the council shall add to, delete from, or
4 modify the formulary. Any person who requests an addition,
5 deletion, or modification of a medicinal drug listed on such
6 formulary has the burden of proof to show cause why such
7 addition, deletion, or modification should be made.
8 4. The boards shall adopt the formulary required by
9 this paragraph, and each addition, deletion, or modification
10 to the formulary, by rule. Notwithstanding any provision of
11 chapter 120 to the contrary, the formulary rule shall be
12 effective 60 days after the date it is filed with the
13 Secretary of State. Upon adoption of the formulary, the
14 department shall mail a copy of such formulary to each fully
15 licensed physician assistant, licensed under this section or
16 s. 459.022, and to each pharmacy licensed by the state. Unless
17 determined otherwise pursuant to s. 216.1817, the boards shall
18 establish, by rule, a fee not to exceed $200 to fund the
19 provisions of this paragraph and paragraph (e).
20 (7) PHYSICIAN ASSISTANT LICENSURE.--
21 (a) Any person desiring to be licensed as a physician
22 assistant must apply to the department. The department shall
23 issue a license to any person certified by the council as
24 having met the following requirements:
25 1. Is at least 18 years of age.
26 2. Has satisfactorily passed a proficiency examination
27 by an acceptable score established by the National Commission
28 on Certification of Physician Assistants. If an applicant
29 does not hold a current certificate issued by the National
30 Commission on Certification of Physician Assistants and has
31 not actively practiced as a physician assistant within the
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1 immediately preceding 4 years, the applicant must retake and
2 successfully complete the entry-level examination of the
3 National Commission on Certification of Physician Assistants
4 to be eligible for licensure.
5 3. Has completed the application form and remitted an
6 application fee not to exceed $300 as set by the boards unless
7 determined otherwise pursuant to s. 216.1817. An application
8 for licensure made by a physician assistant must include:
9 a. A certificate of completion of a physician
10 assistant training program specified in subsection (6).
11 b. A sworn statement of any prior felony convictions.
12 c. A sworn statement of any previous revocation or
13 denial of licensure or certification in any state.
14 d. Two letters of recommendation.
15 (b)1. Notwithstanding subparagraph (a)2. and
16 sub-subparagraph (a)3.a., the department shall examine each
17 applicant who the Board of Medicine certifies:
18 a. Has completed the application form and remitted a
19 nonrefundable application fee not to exceed $500 and an
20 examination fee not to exceed $300, plus the actual cost to
21 the department to provide the examination. Unless determined
22 otherwise pursuant to s. 216.1817, the application fee may not
23 exceed $500 and the examination fee may not exceed $300. The
24 examination fee is refundable if the applicant is found to be
25 ineligible to take the examination. The department shall not
26 require the applicant to pass a separate practical component
27 of the examination. For examinations given after July 1, 1998,
28 competencies measured through practical examinations shall be
29 incorporated into the written examination through a
30 multiple-choice format. The department shall translate the
31 examination into the native language of any applicant who
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1 requests and agrees to pay all costs of such translation,
2 provided that the translation request is filed with the board
3 office no later than 9 months before the scheduled examination
4 and the applicant remits translation fees as specified by the
5 department no later than 6 months before the scheduled
6 examination, and provided that the applicant demonstrates to
7 the department the ability to communicate orally in basic
8 English. If the applicant is unable to pay translation costs,
9 the applicant may take the next available examination in
10 English if the applicant submits a request in writing by the
11 application deadline and if the applicant is otherwise
12 eligible under this section. To demonstrate the ability to
13 communicate orally in basic English, a passing score or grade
14 is required, as determined by the department or organization
15 that developed it, on the test for spoken English (TSE) by the
16 Educational Testing Service (ETS), the test of English as a
17 foreign language (TOEFL) by ETS, a high school or college
18 level English course, or the English examination for
19 citizenship, Immigration and Naturalization Service. A
20 notarized copy of an Educational Commission for Foreign
21 Medical Graduates (ECFMG) certificate may also be used to
22 demonstrate the ability to communicate in basic English; and
23 b.(I) Is an unlicensed physician who graduated from a
24 foreign medical school listed with the World Health
25 Organization who has not previously taken and failed the
26 examination of the National Commission on Certification of
27 Physician Assistants and who has been certified by the Board
28 of Medicine as having met the requirements for licensure as a
29 medical doctor by examination as set forth in s. 458.311(1),
30 (3), (4), and (5), with the exception that the applicant is
31 not required to have completed an approved residency of at
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1 least 1 year and the applicant is not required to have passed
2 the licensing examination specified under s. 458.311 or hold a
3 valid, active certificate issued by the Educational Commission
4 for Foreign Medical Graduates; was eligible and made initial
5 application for certification as a physician assistant in this
6 state between July 1, 1990, and June 30, 1991; and was a
7 resident of this state on July 1, 1990, or was licensed or
8 certified in any state in the United States as a physician
9 assistant on July 1, 1990; or
10 (II) Completed all coursework requirements of the
11 Master of Medical Science Physician Assistant Program offered
12 through the Florida College of Physician's Assistants prior to
13 its closure in August of 1996. Prior to taking the
14 examination, such applicant must successfully complete any
15 clinical rotations that were not completed under such program
16 prior to its termination and any additional clinical rotations
17 with an appropriate physician assistant preceptor, not to
18 exceed 6 months, that are determined necessary by the council.
19 The boards shall determine, based on recommendations from the
20 council, the facilities under which such incomplete or
21 additional clinical rotations may be completed and shall also
22 determine what constitutes successful completion thereof,
23 provided such requirements are comparable to those established
24 by accredited physician assistant programs. This
25 sub-sub-subparagraph is repealed July 1, 2001.
26 2. The department may grant temporary licensure to an
27 applicant who meets the requirements of subparagraph 1.
28 Between meetings of the council, the department may grant
29 temporary licensure to practice based on the completion of all
30 temporary licensure requirements. All such administratively
31 issued licenses shall be reviewed and acted on at the next
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1 regular meeting of the council. A temporary license expires 30
2 days after receipt and notice of scores to the licenseholder
3 from the first available examination specified in subparagraph
4 1. following licensure by the department. An applicant who
5 fails the proficiency examination is no longer temporarily
6 licensed, but may apply for a one-time extension of temporary
7 licensure after reapplying for the next available examination.
8 Extended licensure shall expire upon failure of the
9 licenseholder to sit for the next available examination or
10 upon receipt and notice of scores to the licenseholder from
11 such examination.
12 3. Notwithstanding any other provision of law, the
13 examination specified pursuant to subparagraph 1. shall be
14 administered by the department only five times. Applicants
15 certified by the board for examination shall receive at least
16 6 months' notice of eligibility prior to the administration of
17 the initial examination. Subsequent examinations shall be
18 administered at 1-year intervals following the reporting of
19 the scores of the first and subsequent examinations. For the
20 purposes of this paragraph, the department may develop,
21 contract for the development of, purchase, or approve an
22 examination that adequately measures an applicant's ability to
23 practice with reasonable skill and safety. The minimum passing
24 score on the examination shall be established by the
25 department, with the advice of the board. Those applicants
26 failing to pass that examination or any subsequent examination
27 shall receive notice of the administration of the next
28 examination with the notice of scores following such
29 examination. Any applicant who passes the examination and
30 meets the requirements of this section shall be licensed as a
31 physician assistant with all rights defined thereby.
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1 (c) The license must be renewed biennially. Each
2 renewal must include:
3 1. Unless determined otherwise pursuant to s.
4 216.1817, a renewal fee not to exceed $500 as set by the
5 boards.
6 2. A sworn statement of no felony convictions in the
7 previous 2 years.
8 Section 254. Subsection (1) of section 459.0077,
9 Florida Statutes, is amended to read:
10 459.0077 Osteopathic faculty certificate.--
11 (1) The department may issue an osteopathic faculty
12 certificate without examination to an individual who remits an
13 application fee, as set by the board pursuant to s. 216.1817,
14 who demonstrates to the board that she or he is currently
15 licensed to practice osteopathic medicine in another
16 jurisdiction in the United States and who demonstrates to the
17 board that she or he is a graduate of an accredited school of
18 osteopathic medicine and has completed the requirements of s.
19 459.0055. The certificate shall authorize the holder to
20 practice only in conjunction with her or his teaching duties
21 at an accredited school of osteopathic medicine or in its
22 affiliated teaching hospitals or clinics.
23 Section 255. Paragraph (b) of subsection (3) of
24 section 459.009, Florida Statutes, is amended to read:
25 459.009 Inactive status.--
26 (3)
27 (b) Pursuant to s. 216.1817, the board shall prescribe
28 by rule an application fee for inactive status, a biennial
29 renewal fee for inactive status, a delinquency fee, and a fee
30 for the reactivation of a license or certificate. None of
31
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1 these fees may exceed the biennial renewal fee established by
2 the board for an active license or certificate.
3 Section 256. Section 459.0092, Florida Statutes, is
4 amended to read:
5 459.0092 Fees.--The board shall set fees according to
6 the following schedule:
7 (1) The fee for application or certification pursuant
8 to ss. 459.007, 459.0075, and 459.0077 shall not exceed $500
9 unless determined otherwise pursuant to s. 216.1817.
10 (2) The fee for application and examination pursuant
11 to s. 459.006 shall not exceed $175 plus the actual per
12 applicant cost to the department for purchase of the
13 examination from the National Board of Osteopathic Medical
14 Examiners or a similar national organization, unless
15 determined otherwise pursuant to s. 216.1817.
16 (3) The fee for biennial renewal of licensure or
17 certification shall not exceed $500 unless determined
18 otherwise pursuant to s. 216.1817.
19 Section 257. Subsection (1) of section 459.021,
20 Florida Statutes, is amended to read:
21 459.021 Registration of resident physicians, interns,
22 and fellows; list of hospital employees; penalty.--
23 (1) Any person who holds a degree of Doctor of
24 Osteopathic Medicine from a college of osteopathic medicine
25 recognized and approved by the American Osteopathic
26 Association who desires to practice as a resident physician,
27 assistant resident physician, house physician, intern, or
28 fellow in fellowship training which leads to subspecialty
29 board certification in this state, or any person desiring to
30 practice as a resident physician, assistant resident
31 physician, house physician, intern, or fellow in fellowship
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1 training in a teaching hospital in this state as defined in s.
2 408.07(44) or s. 395.805(2), who does not hold an active
3 license issued under this chapter shall apply to the
4 department to be registered, on an application provided by the
5 department, within 30 days of commencing such a training
6 program and shall remit a fee not to exceed $300 as set by the
7 board unless determined otherwise pursuant to s. 216.1817.
8 Section 258. Paragraphs (a) and (b) of subsection (7)
9 of section 459.022, Florida Statutes, are amended to read:
10 459.022 Physician assistants.--
11 (7) PHYSICIAN ASSISTANT LICENSURE.--
12 (a) Any person desiring to be licensed as a physician
13 assistant must apply to the department. The department shall
14 issue a license to any person certified by the council as
15 having met the following requirements:
16 1. Is at least 18 years of age.
17 2. Has satisfactorily passed a proficiency examination
18 by an acceptable score established by the National Commission
19 on Certification of Physician Assistants. If an applicant
20 does not hold a current certificate issued by the National
21 Commission on Certification of Physician Assistants and has
22 not actively practiced as a physician assistant within the
23 immediately preceding 4 years, the applicant must retake and
24 successfully complete the entry-level examination of the
25 National Commission on Certification of Physician Assistants
26 to be eligible for licensure.
27 3. Has completed the application form and remitted an
28 application fee not to exceed $300 as set by the boards unless
29 determined otherwise pursuant to s. 216.1817. An application
30 for licensure made by a physician assistant must include:
31
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1 a. A certificate of completion of a physician
2 assistant training program specified in subsection (6).
3 b. A sworn statement of any prior felony convictions.
4 c. A sworn statement of any previous revocation or
5 denial of licensure or certification in any state.
6 d. Two letters of recommendation.
7 (b) The licensure must be renewed biennially. Each
8 renewal must include:
9 1. A renewal fee not to exceed $500 as set by the
10 boards unless determined otherwise pursuant to s. 216.1817.
11 2. A sworn statement of no felony convictions in the
12 previous 2 years.
13 Section 259. Subsection (1) of section 460.406,
14 Florida Statutes, is amended to read:
15 460.406 Licensure by examination.--
16 (1) Any person desiring to be licensed as a
17 chiropractic physician shall apply to the department to take
18 the licensure examination. There shall be an application fee
19 set by the board not to exceed $100 unless determined
20 otherwise pursuant to s. 216.1817, which shall be
21 nonrefundable. There shall also be an examination fee not to
22 exceed $500 unless determined otherwise pursuant to s.
23 216.1817 plus the actual per applicant cost to the department
24 for purchase of portions of the examination from the National
25 Board of Chiropractic Examiners or a similar national
26 organization, which may be refundable if the applicant is
27 found ineligible to take the examination. The department
28 shall examine each applicant who the board certifies has:
29 (a) Completed the application form and remitted the
30 appropriate fee.
31
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1 (b) Submitted proof satisfactory to the department
2 that he or she is not less than 18 years of age.
3 (c) Submitted proof satisfactory to the department
4 that he or she is a graduate of a chiropractic college which
5 is accredited by or has status with the Council on
6 Chiropractic Education or its predecessor agency. However, any
7 applicant who is a graduate of a chiropractic college that was
8 initially accredited by the Council on Chiropractic Education
9 in 1995, who graduated from such college within the 4 years
10 immediately preceding such accreditation, and who is otherwise
11 qualified shall be eligible to take the examination. No
12 application for a license to practice chiropractic medicine
13 shall be denied solely because the applicant is a graduate of
14 a chiropractic college that subscribes to one philosophy of
15 chiropractic medicine as distinguished from another.
16 (d)1. For an applicant who has matriculated in a
17 chiropractic college prior to July 2, 1990, completed at least
18 2 years of residence college work, consisting of a minimum of
19 one-half the work acceptable for a bachelor's degree granted
20 on the basis of a 4-year period of study, in a college or
21 university accredited by an accrediting agency recognized and
22 approved by the United States Department of Education.
23 However, prior to being certified by the board to sit for the
24 examination, each applicant who has matriculated in a
25 chiropractic college after July 1, 1990, shall have been
26 granted a bachelor's degree, based upon 4 academic years of
27 study, by a college or university accredited by a regional
28 accrediting agency which is a member of the Commission on
29 Recognition of Postsecondary Accreditation.
30 2. Effective July 1, 2000, completed, prior to
31 matriculation in a chiropractic college, at least 3 years of
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1 residence college work, consisting of a minimum of 90 semester
2 hours leading to a bachelor's degree in a liberal arts college
3 or university accredited by an accrediting agency recognized
4 and approved by the United States Department of Education.
5 However, prior to being certified by the board to sit for the
6 examination, each applicant who has matriculated in a
7 chiropractic college after July 1, 2000, shall have been
8 granted a bachelor's degree from an institution holding
9 accreditation for that degree from a regional accrediting
10 agency which is recognized by the United States Department of
11 Education. The applicant's chiropractic degree must consist
12 of credits earned in the chiropractic program and may not
13 include academic credit for courses from the bachelor's
14 degree.
15 (e) Successfully completed the National Board of
16 Chiropractic Examiners certification examination in parts I
17 and II and clinical competency, with a score approved by the
18 board, within 10 years immediately preceding application to
19 the department for licensure.
20 (f) Submitted to the department a set of fingerprints
21 on a form and under procedures specified by the department,
22 along with payment in an amount equal to the costs incurred by
23 the Department of Health for the criminal background check of
24 the applicant.
25 Section 260. Subsection (1) of section 460.407,
26 Florida Statutes, is amended to read:
27 460.407 Renewal of license.--
28 (1) The department shall renew a license upon receipt
29 of the renewal application and the fee set by the board, not
30 to exceed $500 unless determined otherwise pursuant to s.
31 216.1817. An applicant for a renewed license must also submit
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1 the information required under s. 456.039 to the department on
2 a form and under procedures specified by the department, along
3 with payment in an amount equal to the costs incurred by the
4 Department of Health for the statewide criminal background
5 check of the applicant. The applicant must submit a set of
6 fingerprints to the Department of Health on a form and under
7 procedures specified by the department, along with payment in
8 an amount equal to the costs incurred by the department for a
9 national criminal background check of the applicant for the
10 initial renewal of his or her license after January 1, 2000.
11 If the applicant fails to submit either the information
12 required under s. 456.039 or a set of fingerprints to the
13 department as required by this section, the department shall
14 issue a notice of noncompliance, and the applicant will be
15 given 30 additional days to comply. If the applicant fails to
16 comply within 30 days after the notice of noncompliance is
17 issued, the department or board, as appropriate, may issue a
18 citation to the applicant and may fine the applicant up to $50
19 for each day that the applicant is not in compliance with the
20 requirements of s. 456.039. The citation must clearly state
21 that the applicant may choose, in lieu of accepting the
22 citation, to follow the procedure under s. 456.073. If the
23 applicant disputes the matter in the citation, the procedures
24 set forth in s. 456.073 must be followed. However, if the
25 applicant does not dispute the matter in the citation with the
26 department within 30 days after the citation is served, the
27 citation becomes a final order and constitutes discipline.
28 Service of a citation may be made by personal service or
29 certified mail, restricted delivery, to the subject at the
30 applicant's last known address. If an applicant has submitted
31 fingerprints to the department for a national criminal history
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1 check upon initial licensure and is renewing his or her
2 license for the first time, then the applicant need only
3 submit the information and fee required for a statewide
4 criminal history check.
5 (2) The department shall adopt rules establishing a
6 procedure for the biennial renewal of licenses.
7 Section 261. Subsection (9) of section 460.4165,
8 Florida Statutes, is amended to read:
9 460.4165 Certified chiropractic physician's
10 assistants.--
11 (9) FEES.--
12 (a) Unless determined otherwise pursuant to s.
13 216.1817, a fee not to exceed $100 set by the board shall
14 accompany the application by a chiropractic physician for
15 authorization to supervise a certified chiropractic
16 physician's assistant.
17 (b) Upon approval of an application for certification
18 of a certified chiropractic physician's assistant in a
19 specialty area, the applicant shall be charged an initial
20 certification fee for the first biennium, not to exceed $250
21 unless determined otherwise pursuant to s. 216.1817,; and a
22 biennial renewal fee not to exceed $250 shall accompany each
23 application for renewal of the certified chiropractic
24 physician's assistant certificate unless determined otherwise
25 pursuant to s. 216.1817.
26 Section 262. Subsection (3) of section 460.4166,
27 Florida Statutes, is amended to read:
28 460.4166 Registered chiropractic assistants.--
29 (3) REGISTRATION.--Registered chiropractic assistants
30 may be registered by the board for a biennial fee not to
31
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1 exceed $25 unless determined otherwise pursuant to s.
2 216.1817.
3 Section 263. Paragraph (a) of subsection (1) of
4 section 461.006, Florida Statutes, is amended to read:
5 461.006 Licensure by examination.--
6 (1) Any person desiring to be licensed as a podiatric
7 physician shall apply to the department to take the licensure
8 examination. The department shall examine each applicant who
9 the board certifies:
10 (a) Has completed the application form and remitted a
11 nonrefundable application fee set by the board not to exceed
12 $100 and an examination fee set by the board not to exceed
13 $350. Unless determined otherwise pursuant to s. 216.1817, the
14 application fee may not exceed $100 and the examination fee
15 may not exceed $350.
16 Section 264. Subsection (1) of section 461.007,
17 Florida Statutes, is amended to read:
18 461.007 Renewal of license.--
19 (1) The department shall renew a license upon receipt
20 of the renewal application, and a fee not to exceed $350 set
21 by the board unless determined otherwise pursuant to s.
22 216.1817, and evidence that the applicant has actively
23 practiced podiatric medicine or has been on the active
24 teaching faculty of an accredited school of podiatric medicine
25 for at least 2 years of the immediately preceding 4 years. If
26 the licensee has not actively practiced podiatric medicine for
27 at least 2 years of the immediately preceding 4 years, the
28 board shall require that the licensee successfully complete a
29 board-approved course prior to renewal of the license. For
30 purposes of this subsection, "actively practiced podiatric
31 medicine" means the licensed practice of podiatric medicine as
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1 defined in s. 461.003(5) by podiatric physicians, including
2 podiatric physicians employed by any governmental entity, on
3 the active teaching faculty of an accredited school of
4 podiatric medicine, or practicing administrative podiatric
5 medicine. An applicant for a renewed license must also submit
6 the information required under s. 456.039 to the department on
7 a form and under procedures specified by the department, along
8 with payment in an amount equal to the costs incurred by the
9 Department of Health for the statewide criminal background
10 check of the applicant. The applicant must submit a set of
11 fingerprints to the Department of Health on a form and under
12 procedures specified by the department, along with payment in
13 an amount equal to the costs incurred by the department for a
14 national criminal background check of the applicant for the
15 initial renewal of his or her license after January 1, 2000.
16 If the applicant fails to submit either the information
17 required under s. 456.039 or a set of fingerprints to the
18 department as required by this section, the department shall
19 issue a notice of noncompliance, and the applicant will be
20 given 30 additional days to comply. If the applicant fails to
21 comply within 30 days after the notice of noncompliance is
22 issued, the department or board, as appropriate, may issue a
23 citation to the applicant and may fine the applicant up to $50
24 for each day that the applicant is not in compliance with the
25 requirements of s. 456.039. The citation must clearly state
26 that the applicant may choose, in lieu of accepting the
27 citation, to follow the procedure under s. 456.073. If the
28 applicant disputes the matter in the citation, the procedures
29 set forth in s. 456.073 must be followed. However, if the
30 applicant does not dispute the matter in the citation with the
31 department within 30 days after the citation is served, the
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1 citation becomes a final order and constitutes discipline.
2 Service of a citation may be made by personal service or
3 certified mail, restricted delivery, to the subject at the
4 applicant's last known address. If an applicant has submitted
5 fingerprints to the department for a national criminal history
6 check upon initial licensure and is renewing his or her
7 license for the first time, then the applicant need only
8 submit the information and fee required for a statewide
9 criminal history check.
10 Section 265. Subsection (1) of section 461.008,
11 Florida Statutes, is amended to read:
12 461.008 Inactive status.--
13 (1) The board shall adopt rules relating to
14 application procedures for inactive status, to the renewal of
15 inactive licenses, and to the reactivation of licenses. The
16 board shall prescribe by rule an application fee for inactive
17 status, a renewal fee for inactive status, a delinquency fee,
18 and a fee for the reactivation of a license. Unless determined
19 otherwise pursuant to s. 216.1817, none of these fees may
20 exceed the biennial renewal fee established by the board for
21 an active license.
22 Section 266. Section 462.023, Florida Statutes, is
23 amended to read:
24 462.023 Powers and duties of the department.--The
25 department may adopt such rules as are necessary to carry out
26 the purposes of this chapter, may initiate disciplinary action
27 as provided by this chapter, and shall establish fees based on
28 its estimates of the revenue required to administer this
29 chapter but shall not exceed the fee amounts provided in this
30 chapter unless determined otherwise pursuant to s. 216.1817.
31 The department shall not adopt any rules that which would
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1 cause any person who was not licensed in accordance with this
2 chapter on July 1, 1959, and had not been a resident of the
3 state for 2 years prior to such date, to become licensed.
4 Section 267. Section 462.08, Florida Statutes, is
5 amended to read:
6 462.08 Renewal of license to practice
7 naturopathy.--Each licenseholder shall biennially renew her or
8 his license to practice naturopathy. The applicant must
9 furnish to the department such evidence as it requires of the
10 applicant's compliance with s. 462.18, relating to educational
11 requirements. The biennial renewal fee, the amount of which
12 shall be determined by the department but which may not exceed
13 $1,000 unless determined otherwise pursuant to s. 216.1817,
14 must be paid at the time the application for renewal of the
15 license is filed.
16 Section 268. Section 462.16, Florida Statutes, is
17 amended to read:
18 462.16 Reissue of license.--Any person who shall
19 practice naturopathy after her or his license has been revoked
20 and registration annulled shall be deemed to have practiced
21 naturopathy without a license; provided, however, at any time
22 after 6 months after the date of said conviction, the
23 department may grant a license to the person affected,
24 restoring to her or him all the rights and privileges of and
25 pertaining to the practice of naturopathy as defined and
26 regulated by this chapter. Unless determined otherwise
27 pursuant to s. 216.1817, the fee therefor shall not exceed
28 $250.
29 Section 269. Subsection (3) of section 462.19, Florida
30 Statutes, is amended to read:
31 462.19 Renewal of license; inactive status.--
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1 (3) A licensee may request that her or his license be
2 placed in an inactive status by making application to the
3 department and paying a fee in an amount set by the department
4 not to exceed $50 unless determined otherwise pursuant to s.
5 216.1817.
6 Section 270. Subsection (1) of section 463.0057,
7 Florida Statutes, is amended to read:
8 463.0057 Optometric faculty certificate.--
9 (1) The department may issue an optometric faculty
10 certificate without examination to an individual who remits a
11 nonrefundable application fee, not to exceed $100 unless
12 determined otherwise pursuant to s. 216.1817, plus the actual
13 per-applicant per applicant cost to the department, and who
14 demonstrates to the board that she or he meets the following
15 requirements:
16 (a) Is a graduate of an accredited school or college
17 of optometry approved by an accrediting agency recognized by
18 the United States Office of Education.
19 (b) Holds a valid current license to practice
20 optometry in another jurisdiction in the United States.
21 (c) Is at least 21 years of age and of good moral
22 character.
23 (d) Has not committed any act or offense in any
24 jurisdiction which would constitute the basis for disciplining
25 an optometrist.
26 (e) Has been offered and has accepted a full-time
27 faculty appointment to teach in a program of optometry at a
28 Florida-based college of optometry.
29 (f) Provides a certification from the dean of the
30 college that she or he has accepted the offer of the full-time
31
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1 faculty appointment to teach at the Florida-based college of
2 optometry.
3 Section 271. Paragraph (a) of subsection (1) of
4 section 463.006, Florida Statutes, is amended to read:
5 463.006 Licensure and certification by examination.--
6 (1) Any person desiring to be a licensed practitioner
7 pursuant to this chapter shall apply to the department to take
8 the licensure and certification examinations. The department
9 shall examine each applicant who the board determines has:
10 (a) Completed the application forms as required by the
11 board, remitted an application fee for certification not to
12 exceed $250 unless determined otherwise pursuant to s.
13 216.1817, remitted an examination fee for certification not to
14 exceed $250 unless determined otherwise pursuant to s.
15 216.1817, and remitted an examination fee for licensure not to
16 exceed $325 unless determined otherwise pursuant to s.
17 216.1817, all as set by the board.
18 Section 272. Subsection (1) of section 463.007,
19 Florida Statutes, is amended to read:
20 463.007 Renewal of license; continuing education.--
21 (1) The department shall renew a license upon receipt
22 of the renewal application and the fee set by the board, not
23 to exceed $300 unless determined otherwise pursuant to s.
24 216.1817.
25 Section 273. Subsection (1) of section 463.008,
26 Florida Statutes, is amended to read:
27 463.008 Inactive status.--
28 (1) The board shall adopt rules relating to
29 application procedures for inactive status, for the biennial
30 renewal of inactive licenses, and for the reactivation of
31 licenses. The board shall prescribe by rule an application fee
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1 for inactive status, a renewal fee for inactive status, a
2 delinquency fee, and a fee for the reactivation of a license.
3 Unless determined otherwise pursuant to s. 216.1817, none of
4 these fees may exceed the biennial renewal fee established by
5 the board for an active license.
6 Section 274. Paragraph (a) of subsection (1) of
7 section 464.008, Florida Statutes, is amended to read:
8 464.008 Licensure by examination.--
9 (1) Any person desiring to be licensed as a registered
10 nurse or licensed practical nurse shall apply to the
11 department to take the licensure examination. The department
12 shall examine each applicant who:
13 (a) Has completed the application form and remitted a
14 fee set by the board not to exceed $150 unless determined
15 otherwise pursuant to s. 216.1817, and has remitted an
16 examination fee set by the board not to exceed $75 unless
17 determined otherwise pursuant to s. 216.1817, plus the actual
18 per applicant cost to the department for purchase of the
19 examination from the National Council of State Boards of
20 Nursing or a similar national organization.
21 Section 275. Subsection (1) of section 464.009,
22 Florida Statutes, is amended to read:
23 464.009 Licensure by endorsement.--
24 (1) The department shall issue the appropriate license
25 by endorsement to practice professional or practical nursing
26 to an applicant who, upon applying to the department and
27 remitting a fee set by the board not to exceed $100 unless
28 determined otherwise pursuant to s. 216.1817, demonstrates to
29 the board that he or she:
30 (a) Holds a valid license to practice professional or
31 practical nursing in another state of the United States,
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1 provided that, when the applicant secured his or her original
2 license, the requirements for licensure were substantially
3 equivalent to or more stringent than those existing in Florida
4 at that time; or
5 (b) Meets the qualifications for licensure in s.
6 464.008 and has successfully completed a state, regional, or
7 national examination which is substantially equivalent to or
8 more stringent than the examination given by the department.
9 Section 276. Subsection (5) of section 464.012,
10 Florida Statutes, is amended to read:
11 464.012 Certification of advanced registered nurse
12 practitioners; fees.--
13 (5) The board shall certify, and the department shall
14 issue a certificate to, any nurse meeting the qualifications
15 in this section. Unless determined otherwise pursuant to s.
16 216.1817, the board shall establish an application fee not to
17 exceed $100 and a biennial renewal fee not to exceed $50. The
18 board is authorized to adopt such other rules as are necessary
19 to implement the provisions of this section.
20 Section 277. Subsection (1) of section 464.019,
21 Florida Statutes, is amended to read:
22 464.019 Approval of nursing programs.--
23 (1) An institution desiring to conduct an approved
24 program for the education of professional or practical nurses
25 shall apply to the department and submit such evidence as may
26 be required to show that it complies with the provisions of
27 this part and with the rules of the board. The application
28 shall include a program review fee, as set by the board, not
29 to exceed $1,000 unless determined otherwise pursuant to s.
30 216.1817.
31
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1 Section 278. Paragraph (a) of subsection (1) of
2 section 465.007, Florida Statutes, is amended to read:
3 465.007 Licensure by examination.--
4 (1) Any person desiring to be licensed as a pharmacist
5 shall apply to the department to take the licensure
6 examination. The department shall examine each applicant who
7 the board certifies has:
8 (a) Completed the application form and remitted an
9 examination fee set by the board not to exceed $100 unless
10 determined otherwise pursuant to s. 216.1817, plus the actual
11 per applicant cost to the department for purchase of portions
12 of the examination from the National Association of Boards of
13 Pharmacy or a similar national organization. The fees
14 authorized under this section shall be established in
15 sufficient amounts to cover administrative costs.
16 Section 279. Subsection (1) of section 465.0075,
17 Florida Statutes, is amended to read:
18 465.0075 Licensure by endorsement; requirements;
19 fee.--
20 (1) The department shall issue a license by
21 endorsement to any applicant who applies to the department and
22 remits a nonrefundable fee of not more than $100 unless
23 determined otherwise pursuant to s. 216.1817, as set by the
24 board, and whom the board certifies:
25 (a) Has met the qualifications for licensure in s.
26 465.007(1)(b) and (c);
27 (b) Has obtained a passing score, as established by
28 rule of the board, on the licensure examination of the
29 National Association of Boards of Pharmacy or a similar
30 nationally recognized examination, if the board certifies that
31
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1 the applicant has taken the required examination not more than
2 12 years prior to application;
3 (c)1. Has submitted evidence of the active licensed
4 practice of pharmacy, including practice in community or
5 public health by persons employed by a governmental entity, in
6 another jurisdiction for at least 2 of the immediately
7 preceding 5 years or evidence of successful completion of
8 board-approved postgraduate training or a board-approved
9 clinical competency examination within the year immediately
10 preceding application for licensure; or
11 2. Has completed an internship meeting the
12 requirements of s. 465.007(1)(c) within the 2 years
13 immediately preceding application; and
14 (d) Has obtained a passing score on the pharmacy
15 jurisprudence portions of the licensure examination, as
16 required by board rule.
17 Section 280. Subsection (1) of section 465.008,
18 Florida Statutes, is amended to read:
19 465.008 Renewal of license.--
20 (1) The department shall renew a license upon receipt
21 of the renewal application, verification of compliance with s.
22 465.009, and receipt of a fee set by the board not to exceed
23 $250 unless determined otherwise pursuant to s. 216.1817.
24 Section 281. Subsection (2) of section 465.012,
25 Florida Statutes, is amended to read:
26 465.012 Reactivation of license; continuing
27 education.--
28 (2) The board shall adopt rules relating to
29 application procedures for inactive status, to the biennial
30 renewal of inactive licenses, and to the reactivation of
31 licenses. The board shall prescribe by rule an application fee
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1 for inactive status, a renewal fee for inactive status, a
2 delinquency fee, and a fee for the reactivation of a license.
3 None of these fees may exceed the biennial renewal fee
4 established by the board for an active license unless
5 determined otherwise pursuant to s. 216.1817. The department
6 may not reactivate a license unless the inactive or delinquent
7 licensee has paid any applicable biennial renewal or
8 delinquency fee, or both, and a reactivation fee.
9 Section 282. Subsection (1) of section 465.0125,
10 Florida Statutes, is amended to read:
11 465.0125 Consultant pharmacist license; application,
12 renewal, fees; responsibilities; rules.--
13 (1) The department shall issue or renew a consultant
14 pharmacist license upon receipt of an initial or renewal
15 application that which conforms to the requirements for
16 consultant pharmacist initial licensure or renewal as
17 promulgated by the board by rule and a fee set by the board
18 not to exceed $250 unless determined otherwise pursuant to s.
19 216.1817. The consultant pharmacist shall be responsible for
20 maintaining all drug records required by law and for
21 establishing drug handling procedures for the safe handling
22 and storage of drugs. The consultant pharmacist may also be
23 responsible for ordering and evaluating any laboratory or
24 clinical testing when, in the judgment of the consultant
25 pharmacist, such activity is necessary for the proper
26 performance of the consultant pharmacist's responsibilities.
27 Such laboratory or clinical testing may be ordered only with
28 regard to patients residing in a nursing home facility, and
29 then only when authorized by the medical director of the
30 nursing home facility. The consultant pharmacist must have
31 completed such additional training and demonstrate such
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1 additional qualifications in the practice of institutional
2 pharmacy as shall be required by the board in addition to
3 licensure as a registered pharmacist.
4 Section 283. Section 465.0126, Florida Statutes, is
5 amended to read:
6 465.0126 Nuclear pharmacist license; application,
7 renewal, fees.--The department shall issue or renew a nuclear
8 pharmacist license upon receipt of an initial or renewal
9 application that which conforms to the requirements for
10 nuclear pharmacist initial licensure or biennial renewal as
11 established by the board by rule and receipt of a fee
12 established by the board by rule not to exceed $250 unless
13 determined otherwise pursuant to s. 216.1817, which fee shall
14 be in addition to the initial licensure or biennial renewal
15 fee for pharmacists. The nuclear pharmacist shall be
16 responsible for the compounding and the dispensing of nuclear
17 pharmaceuticals, for maintaining all drug records required by
18 law, for establishing drug handling procedures for the safe
19 handling and storage of radiopharmaceuticals and medicinal
20 drugs, for providing the security of the prescription
21 department, and for complying with such other rules as relate
22 to the practice of the profession of pharmacy. The nuclear
23 pharmacist must have completed such additional training and
24 must demonstrate such additional qualifications in the
25 practice of nuclear pharmacy as is required by the board by
26 rule in addition to licensure as a registered pharmacist. The
27 board shall adopt rules necessary to implement and administer
28 this section. The requirements of this section do not apply
29 to hospitals licensed under chapter 395 or the nuclear
30 medicine facilities of such hospitals.
31
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1 Section 284. Subsection (8) of section 465.022,
2 Florida Statutes, is amended to read:
3 465.022 Pharmacies; general requirements; fees.--
4 (8) The board shall set the fees for the following:
5 (a) Initial permit fee not to exceed $250 unless
6 determined otherwise pursuant to s. 216.1817.
7 (b) Biennial permit renewal not to exceed $250 unless
8 determined otherwise pursuant to s. 216.1817.
9 (c) Delinquent fee not to exceed $100 unless
10 determined otherwise pursuant to s. 216.1817.
11 (d) Change of location fee not to exceed $100 unless
12 determined otherwise pursuant to s. 216.1817.
13 Section 285. Paragraph (a) of subsection (2) of
14 section 465.0276, Florida Statutes, is amended to read:
15 465.0276 Dispensing practitioner.--
16 (2) A practitioner who dispenses medicinal drugs for
17 human consumption for fee or remuneration of any kind, whether
18 direct or indirect, must:
19 (a) Register with her or his professional licensing
20 board as a dispensing practitioner and pay a fee not to exceed
21 $100 at the time of such registration, unless determined
22 otherwise pursuant to s. 216.1817, and upon each renewal of
23 her or his license. Each appropriate board shall establish
24 such fee by rule pursuant to s. 216.1817.
25 Section 286. Subsection (1) of section 466.006,
26 Florida Statutes, is amended to read:
27 466.006 Examination of dentists.--
28 (1) Any person desiring to be licensed as a dentist
29 shall apply to the department to take the licensure
30 examinations and shall verify the information required on the
31 application by oath. The application shall include two recent
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1 photographs. There shall be an application fee set by the
2 board not to exceed $100 unless determined otherwise pursuant
3 to s. 216.1817, which shall be nonrefundable. There shall
4 also be an examination fee set by the board, which shall not
5 exceed $425, unless determined otherwise pursuant to s.
6 216.1817, plus the actual per applicant cost to the department
7 for purchase of portions of the examination from the Northeast
8 Regional Board of Dental Examiners or a similar national
9 organization, which may be refundable if the applicant is
10 found ineligible to take the examinations.
11
12 The department shall require a mandatory standardization
13 exercise for all examiners prior to each practical or clinical
14 examination and shall retain for employment only those
15 dentists who have substantially adhered to the standard of
16 grading established at such exercise.
17 Section 287. Subsections (6) and (7) of section
18 466.008, Florida Statutes, are amended to read:
19 466.008 Certification of foreign educational
20 institutions.--
21 (6) Unless determined otherwise pursuant to s.
22 216.1817, a school shall pay a registration fee established by
23 rule of the department, not to exceed $1,000, at the time of
24 application for certification and shall pay all reasonable
25 costs and expenses the department expects to incur, in an
26 amount not to exceed $40,000, for the conduct of the
27 certification survey.
28 (7) The department shall renew a certification upon
29 receipt of a renewal application, accompanied by a fee not to
30 exceed $500 unless determined otherwise pursuant to s.
31 216.1817. Each fully certified institution shall submit a
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1 renewal application every 7 years. Any certification which is
2 not renewed shall automatically expire.
3 Section 288. Subsection (1) of section 466.013,
4 Florida Statutes, is amended to read:
5 466.013 Renewal of license.--
6 (1) The department shall renew a license upon receipt
7 of the renewal application and the fee set by the board, not
8 to exceed $300 unless determined otherwise pursuant to s.
9 216.1817.
10 Section 289. Paragraph (e) of subsection (3) and
11 subsection (5) of section 466.017, Florida Statutes, are
12 amended to read:
13 466.017 Prescription of drugs; anesthesia.--
14 (3) The board shall adopt rules which:
15 (e) Establish an administrative mechanism enabling the
16 board to verify compliance with training, education,
17 experience, equipment, or certification requirements of
18 dentists, dental hygienists, and dental assistants adopted
19 pursuant to this subsection. Pursuant to s. 216.1817, the
20 board shall may charge a fee to defray the cost of verifying
21 compliance with requirements adopted pursuant to this
22 paragraph.
23 (5) A licensed dentist may utilize an X-ray machine,
24 expose dental X-ray films, and interpret or read such films.
25 The provisions of part IV of chapter 468 to the contrary
26 notwithstanding, a licensed dentist may authorize or direct a
27 dental assistant to operate such equipment and expose such
28 films under her or his direction and supervision, pursuant to
29 rules adopted by the board in accordance with s. 466.024 which
30 ensure that said assistant is competent by reason of training
31 and experience to operate said equipment in a safe and
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1 efficient manner. Unless determined otherwise pursuant to s.
2 216.1817, the board may charge a fee not to exceed $35 to
3 defray the cost of verifying compliance with requirements
4 adopted pursuant to this section.
5 Section 290. Subsection (1) of section 466.032,
6 Florida Statutes, is amended to read:
7 466.032 Registration.--
8 (1) Every person, firm, or corporation operating a
9 dental laboratory in this state shall register biennially with
10 the department on forms to be provided by the department and,
11 at the same time, pay to the department a registration fee not
12 to exceed $300 unless determined otherwise pursuant to s.
13 216.1817, for which the department shall issue a registration
14 certificate entitling the holder to operate a dental
15 laboratory for a period of 2 years.
16 Section 291. Paragraph (f) of subsection (1) of
17 section 467.0125, Florida Statutes, is amended to read:
18 467.0125 Licensure by endorsement.--
19 (1) The department shall issue a license by
20 endorsement to practice midwifery to an applicant who, upon
21 applying to the department, demonstrates to the department
22 that she or he:
23 (f) Unless determined otherwise pursuant to s.
24 216.1817, the fee for a temporary certificate shall not exceed
25 $50 and shall be in addition to the fee required for
26 licensure.
27 Section 292. Section 467.0135, Florida Statutes, is
28 amended to read:
29 467.0135 Fees.--The department shall establish fees
30 for application, examination, initial licensure, renewal of
31 licensure, licensure by endorsement, inactive status,
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1 delinquent status, and reactivation of an inactive license.
2 The appropriate fee must be paid at the time of application
3 and is payable to the Department of Health, in accordance with
4 rules adopted by the department. Unless determined otherwise
5 pursuant to s. 216.1817, a fee is nonrefundable, unless
6 otherwise provided by rule. A fee may not exceed:
7 (1) Five hundred dollars for examination.
8 (2) Five hundred dollars for initial licensure.
9 (3) Five hundred dollars for renewal of licensure.
10 (4) Two hundred dollars for application, which fee is
11 nonrefundable.
12 (5) Five hundred dollars for reactivation of an
13 inactive license.
14 (6) Five hundred dollars for licensure by endorsement.
15
16 A fee for inactive status, reactivation of an inactive
17 license, or delinquency may not exceed the fee established by
18 the department for biennial renewal of an active license. All
19 fees collected under this section shall be deposited in the
20 Medical Quality Assurance Trust Fund.
21 Section 293. Subsections (2), (3), (4), (5), (6), (7),
22 (8), and (9) of section 468.1145, Florida Statutes, are
23 amended to read:
24 468.1145 Fees; establishment; disposition.--
25 (2) The application fee shall not exceed $200 unless
26 determined otherwise pursuant to s. 216.1817 and shall be
27 nonrefundable.
28 (3) The examination fee shall be in an amount which
29 covers the costs of obtaining and administering the
30 examination and shall be refunded if the applicant is found
31 ineligible to sit for the examination. Unless determined
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1 otherwise pursuant to s. 216.1817, the combined fees for
2 initial application and examination shall not exceed $200 plus
3 the actual per applicant cost to the department for developing
4 or procuring the licensure examination.
5 (4) The initial license fee shall not exceed $500
6 unless determined otherwise pursuant to s. 216.1817.
7 (5) The provisional license fee shall not exceed $200
8 unless determined otherwise pursuant to s. 216.1817.
9 (6) The fee for licensure by endorsement shall not
10 exceed $200 unless determined otherwise pursuant to s.
11 216.1817.
12 (7) The fee for certification as a speech-language
13 pathology assistant or an audiology assistant shall not exceed
14 $50 unless determined otherwise pursuant to s. 216.1817.
15 (8) The biennial renewal fee shall not exceed $500
16 unless determined otherwise pursuant to s. 216.1817.
17 (9) The fee for application for an inactive status
18 license or for reactivation of an inactive status license
19 shall not exceed $100 unless determined otherwise pursuant to
20 s. 216.1817.
21 Section 294. Subsections (2) and (4) of section
22 468.1695, Florida Statutes, are amended to read:
23 468.1695 Licensure by examination.--
24 (2) The department shall examine each applicant who
25 the board certifies has completed the application form and
26 remitted an examination fee set by the board not to exceed
27 $250, unless determined otherwise pursuant to s. 216.1817, and
28 who:
29 (a)1. Holds a baccalaureate degree from an accredited
30 college or university and majored in health care
31 administration or has credit for at least 60 semester hours in
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1 subjects, as prescribed by rule of the board, which prepare
2 the applicant for total management of a nursing home; and
3 2. Has fulfilled the requirements of a
4 college-affiliated or university-affiliated internship in
5 nursing home administration or of a 1,000-hour nursing home
6 administrator-in-training program prescribed by the board; or
7 (b)1. Holds a baccalaureate degree from an accredited
8 college or university; and
9 2.a. Has fulfilled the requirements of a 2,000-hour
10 nursing home administrator-in-training program prescribed by
11 the board; or
12 b. Has 1 year of management experience allowing for
13 the application of executive duties and skills, including the
14 staffing, budgeting, and directing of resident care, dietary,
15 and bookkeeping departments within a skilled nursing facility,
16 hospital, hospice, assisted living facility with a minimum of
17 60 licensed beds, or geriatric residential treatment program
18 and, if such experience is not in a skilled nursing facility,
19 has fulfilled the requirements of a 1,000-hour nursing home
20 administrator-in-training program prescribed by the board.
21 (3) The department shall issue a license to practice
22 nursing home administration to any applicant who successfully
23 completes the examination in accordance with this section and
24 otherwise meets the requirements of this part. The department
25 shall not issue a license to any applicant who is under
26 investigation in this state or another jurisdiction for an
27 offense which would constitute a violation of s. 468.1745 or
28 s. 468.1755. Upon completion of the investigation, the
29 provisions of s. 468.1755 shall apply.
30 (4) The board shall may by rule establish a preceptor
31 certification and recertification fee not to exceed $100
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1 unless determined otherwise pursuant to s. 216.1817, which
2 shall be remitted by those individuals seeking board approval
3 to act as preceptors in administrator-in-training programs as
4 prescribed by the board. Said fee may be charged at the time
5 of application for initial certification and at the time of
6 application for recertification. The board shall may by rule
7 establish a trainee application fee not to exceed $500 unless
8 determined otherwise pursuant to s. 216.1817, to defray the
9 costs of the board's supervision of the
10 administrator-in-training program, to be remitted by those
11 individuals seeking to undergo a board prescribed
12 administrator-in-training program.
13 Section 295. Subsection (1) and paragraph (a) of
14 subsection (4) of section 468.1705, Florida Statutes, are
15 amended to read:
16 468.1705 Licensure by endorsement; temporary
17 license.--
18 (1) The department shall issue a license by
19 endorsement to any applicant who, upon applying to the
20 department and remitting a fee set by the board, not to exceed
21 $500 unless determined otherwise pursuant to s. 216.1817,
22 demonstrates to the board that he or she:
23 (a) Meets one of the following requirements:
24 1. Holds a valid active license to practice nursing
25 home administration in another state of the United States,
26 provided that the current requirements for licensure in that
27 state are substantially equivalent to, or more stringent than,
28 current requirements in this state; or
29 2. Meets the qualifications for licensure in s.
30 468.1695; and
31
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1 (b)1. Has successfully completed a national
2 examination which is substantially equivalent to, or more
3 stringent than, the examination given by the department;
4 2. Has passed an examination on the laws and rules of
5 this state governing the administration of nursing homes; and
6 3. Has worked as a fully licensed nursing home
7 administrator for 2 years within the 5-year period immediately
8 preceding the application by endorsement.
9 (4) A temporary license may be issued one time only to
10 an applicant who has filed an application for licensure by
11 endorsement and has paid the fee for the next laws and rules
12 examination offered in this state, and who meets all of the
13 following requirements:
14 (a) Has filed an application for a temporary license
15 and paid a fee not to exceed $750 unless determined otherwise
16 pursuant to s. 216.1817.
17
18 A temporary license shall be valid for the nursing home
19 administrator applicant only at the facility for which it is
20 issued and shall not be transferred to another facility or to
21 another applicant. An applicant shall not be eligible to
22 reapply for a temporary license or an extension of a temporary
23 license. The applicant must take and pass the next laws and
24 rules examination offered in this state following issuance of
25 a temporary license. The temporary license is valid until the
26 results of the examination are certified by the board and the
27 applicant is notified.
28 Section 296. Subsection (3) of section 468.1715,
29 Florida Statutes, is amended to read:
30 468.1715 Renewal of license.--
31
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1 (3) The board may by rule prescribe continuing
2 education, not to exceed 40 hours biennially, as a condition
3 for renewal of a license or certificate. The board shall by
4 rule establish criteria for the approval of such programs or
5 courses. The programs or courses approved by the board shall
6 include correspondence courses that meet the criteria for
7 continuing education courses held in a classroom setting.
8 Unless determined otherwise pursuant to s. 216.1817, the board
9 shall may establish by rule an application fee not to exceed
10 $100 for anyone seeking approval to provide continuing
11 education courses and shall may provide by rule a fee not to
12 exceed $50 for renewal of providership.
13 Section 297. Section 468.1735, Florida Statutes, is
14 amended to read:
15 468.1735 Provisional license.--The board may establish
16 by rule requirements for issuance of a provisional license. A
17 provisional license shall be issued only to fill a position of
18 nursing home administrator that unexpectedly becomes vacant
19 due to illness, sudden death of the administrator, or
20 abandonment of position and shall be issued for one single
21 period as provided by rule not to exceed 6 months. The
22 department shall not issue a provisional license to any
23 applicant who is under investigation in this state or another
24 jurisdiction for an offense which would constitute a violation
25 of s. 468.1745 or s. 468.1755. Upon completion of the
26 investigation, the provisions of s. 468.1755 shall apply. The
27 provisional license may be issued to a person who does not
28 meet all of the licensing requirements established by this
29 part, but the board shall by rule establish minimal
30 requirements to ensure protection of the public health,
31 safety, and welfare. The provisional license shall be issued
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1 to the person who is designated as the responsible person next
2 in command in the event of the administrator's departure.
3 Unless determined otherwise pursuant to s. 216.1817, the board
4 shall may set an application fee not to exceed $500 for a
5 provisional license.
6 Section 298. Subsection (2) of section 468.221,
7 Florida Statutes, is amended to read:
8 468.221 Fees.--
9 (2) Pursuant to s. 216.1817, such fees shall be set in
10 such amounts as to reimburse the state, to the extent
11 feasible, for the cost of the services rendered.
12 Section 299. Section 468.303, Florida Statutes, is
13 amended to read:
14 468.303 Rules.--The department is authorized to make
15 such rules, not inconsistent with law, as may be necessary to
16 carry out the provisions of this part. The department is
17 authorized to establish by rule fees to be paid for
18 application, examination, reexamination, certification, and
19 renewal, and for recordmaking and recordkeeping, provided that
20 no fee shall exceed the amounts provided in this part unless
21 determined otherwise pursuant to s. 216.1817. Fees shall be
22 based on department estimates of the revenue required to
23 implement the provisions of this part. The department may,
24 based upon estimates of revenue required to implement this
25 part, establish separate fee schedules for application,
26 examination, reexamination, certification, and renewal for the
27 different categories of certification.
28 Section 300. Section 468.304, Florida Statutes, is
29 amended to read:
30 468.304 Certification examination; admission.--The
31 department shall admit to examination for certification any
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