HB 1007 2003
1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	8.0001, 24.121, 27.710, 57.085, 61.517, 106.07, 112.19,
4	112.191, 119.07, 154.01, 163.31776, 163.31777, 196.1983,
5	199.282, 210.20, 220.1501, 243.20, 267.173, 288.1067,
6	288.7091, 295.0185, 318.14, 322.051, 335.14, 341.8201,
7	381.0068, 381.60225, 395.2050, 400.0089, 400.23, 402.305,
8	402.3131, 403.706, 406.51, 409.1451, 409.815, 409.91196,
9	409.912, 411.01, 435.03, 440.102, 440.15, 445.0121,
10	467.0125, 470.002, 470.019, 470.036, 489.510, 496.404,
11	499.033, 499.051, 501.608, 507.05, 517.12, 553.73, 562.11,
12	562.111, 624.04, 624.303, 624.313, 624.317, 624.501,
13	624.504, 624.521, 624.523, 626.022, 626.112, 626.266,
14	626.321, 626.461, 626.733, 626.7354, 626.741, 626.753,
15	626.829, 626.852, 626.9541, 627.3111, 627.351, 628.255,
16	631.111, 633.01, 634.171, 634.420, 641.35, 642.034,
17	642.036, 642.045, 648.355, 679.703, 679.704, 765.5216,
18	765.522, 768.16, 768.17, 768.18, 790.06, 921.0022, 943.22,
19	943.66, 945.355, 1000.01, 1004.07, 1004.22, 1004.32,
20	1004.45, 1004.92, 1008.35, 1009.40, 1009.66, 1009.74,
21	1010.07, 1011.62, 1011.94, 1012.33, 1012.74, 1013.31,
22	1013.33, 1013.35, 1013.356, 1013.36, and 1013.68, F.S.;
23	amending and transferring and renumbering s. 381.6025,
24	F.S.; transferring and renumbering ss. 381.0602, 381.6021,
25	381.6022, 381.6023, 381.6024, and 381.6026, F.S.;
26	reenacting ss. 121.055(4)(d), 316.640(1)(b), and
27	440.20(6), F.S.; and repealing ss. 20.12, 20.13,
28	288.109(10), 334.0445, 400.191(2)(b)10., and 420.504(9),
29	F.S., pursuant to s. 11.242, F.S.; deleting provisions
30	that have expired, have become obsolete, have had their
31	effect, have served their purpose, or have been impliedly
32	repealed or superseded; replacing incorrect cross-
33	references and citations; correcting grammatical,
34	typographical, and like errors; removing inconsistencies,
35	redundancies, and unnecessary repetition in the statutes;
36	improving the clarity of the statutes and facilitating
37	their correct interpretation; and confirming the
38	restoration of provisions unintentionally omitted from
39	republication in the acts of the Legislature during the
40	amendatory process.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1. Paragraph (b) of subsection (2) of section
45	8.0001, Florida Statutes, is amended to read:
46	8.0001 Definitions.--In accordance with s. 8(a), Article X
47	of the State Constitution, the United States Decennial Census of
48	2000 is the official census of the state for the purposes of
49	congressional redistricting.
50	(2) As used in this chapter, the term:
51	(b) "Block group" means a cluster of blocks within a tract
52	trackwhich have the same first digit in their block
53	identification number.
54
55	Reviser's note.--Amended to improve clarity and
56	facilitate correct interpretation.
57
58	Section 2. Section 20.12, Florida Statutes, is repealed.
59
60	Reviser's note.--Repeals an obsolete provision. The
61	functions of the Department of Banking and Finance
62	were transferred to the Department of Financial
63	Services or the Financial Services Commission by ch.
64	2002-404, Laws of Florida.
65
66	Section 3. Section 20.13, Florida Statutes, is repealed.
67
68	Reviser's note.--Repeals an obsolete provision. The
69	functions of the Department of Insurance were
70	transferred to the Department of Financial Services or
71	the Financial Services Commission by ch. 2002-404,
72	Laws of Florida.
73
74	Section 4. Paragraph (d) of subsection (5) of section
75	24.121, Florida Statutes, is amended to read:
76	24.121 Allocation of revenues and expenditure of funds for
77	public education.--
78	(5)
79	(d) No funds shall be released for any purpose from the
80	Educational Enhancement Trust Fund to any school district in
81	which one or more schools do not have an approved school
82	improvement plan pursuant to s. 1001.42(16) or do not comply
83	with school advisory council membership composition requirements
84	pursuant to s. 1001.452(1).229.58(1). Effective July 1, 2002,
85	The Commissioner of Education shall withhold disbursements from
86	the trust fund to any school district that fails to adopt the
87	performance-based salary schedule required by s. 1012.22(1).
88
89	Reviser's note.--Amended to conform to the repeal of
90	s. 229.58 by s. 1058, ch. 2002-387, Laws of Florida,
91	and the enactment of similar material in s.
92	1001.452(1) by s. 59, ch. 2002-387; and to delete
93	obsolete language.
94
95	Section 5. Subsection (1) of section 27.710, Florida
96	Statutes, is amended to read:
97	27.710 Registry of attorneys applying to represent persons
98	in postconviction capital collateral proceedings; certification
99	of minimum requirements; appointment by trial court.--
100	(1) The executive director of the Commission on Capital
101	Cases shall compile and maintain a statewide registry of
102	attorneys in private practice who have certified that they meet
103	the minimum requirements of s. 27.704(2), who are available for
104	appointment by the court under this section to represent persons
105	convicted and sentenced to death in this state in postconviction
106	collateral proceedings, and whohave attended within the last
107	year a continuing legal education program of at least 10 hours'
108	duration devoted specifically to the defense of capital cases,
109	if available. Continuing legal education programs meeting the
110	requirements of this rule offered by The Florida Bar or another
111	recognized provider and approved for continuing legal education
112	credit by The Florida Bar shall satisfy this requirement. The
113	failure to comply with this requirement may be cause for removal
114	from the list until the requirement is fulfilled. To ensure that
115	sufficient attorneys are available for appointment by the court,
116	when the number of attorneys on the registry falls below 50, the
117	executive director shall notify the chief judge of each circuit
118	by letter and request the chief judge to promptly submit the
119	names of at least three private attorneys who regularly practice
120	criminal law in that circuit and who appear to meet the minimum
121	requirements to represent persons in postconviction capital
122	collateral proceedings. The executive director shall send an
123	application to each attorney identified by the chief judge so
124	that the attorney may register for appointment as counsel in
125	postconviction capital collateral proceedings. As necessary, the
126	executive director may also advertise in legal publications and
127	other appropriate media for qualified attorneys interested in
128	registering for appointment as counsel in postconviction capital
129	collateral proceedings. Not later than September 1 of each year,
130	and as necessary thereafter, the executive director shall
131	provide to the Chief Justice of the Supreme Court, the chief
132	judge and state attorney in each judicial circuit, and the
133	Attorney General a current copy of its registry of attorneys who
134	are available for appointment as counsel in postconviction
135	capital collateral proceedings. The registry must be indexed by
136	judicial circuit and must contain the requisite information
137	submitted by the applicants in accordance with this section.
138
139	Reviser's note.--Amended to improve clarity and
140	facilitate correct interpretation.
141
142	Section 6. Subsection (2) of section 57.085, Florida
143	Statutes, is amended to read:
144	57.085 Waiver of prepayment of court costs and fees for
145	indigent prisoners.--
146	(2) When a prisoner who is intervening in or initiating a
147	judicial proceeding seeks waiver of prepayment of court costs
148	and fees because of indigency, the prisoner must file an
149	affidavit of indigency with the appropriate clerk of the court.
150	The affidavit must contain complete information about the
151	prisoner's identity; the nature and amount of the prisoner's
152	income; all real property owned by the prisoner; all tangible
153	and intangible property worth more than $100 which is owned by
154	the prisoner; the amount of cash held by the prisoner; the
155	balance of any checking, savings, or money market account held
156	by the prisoner; the prisoner's dependents, including their
157	names and ages; the prisoner's debts, including the name of each
158	creditordebtor and the amount owed to each creditordebtor; and
159	the prisoner's monthly expenses. The prisoner must certify in
160	the affidavit whether the prisoner has been adjudicated indigent
161	under this section, certified indigent under s. 57.081, or
162	authorized to proceed as an indigent under 28 U.S.C. s. 1915 by
163	a federal court. The prisoner must attach to the affidavit a
164	photocopy of the prisoner's trust account records for the
165	preceding 6 months or for the length of the prisoner's
166	incarceration, whichever period is shorter. The affidavit must
167	contain the following statements: "I am unable to pay court
168	costs and fees. Under penalty of perjury, I swear or affirm
169	that all statements in this affidavit are true and complete."
170
171	Reviser's note.--Amended to correct an apparent error
172	and conform to context.
173
174	Section 7. Subsection (2) of section 61.517, Florida
175	Statutes, is amended to read:
176	61.517 Temporary emergency jurisdiction.--
177	(2) If there is no previous child custody determination
178	that is entitled to be enforced under this part, and a child
179	custody proceeding has not been commenced in a court of a state
180	having jurisdiction under ss. 61.514-61.51661.514-61.616, a
181	child custody determination made under this section remains in
182	effect until an order is obtained from a court of a state having
183	jurisdiction under ss. 61.514-61.516. If a child custody
184	proceeding has not been or is not commenced in a court of a
185	state having jurisdiction under ss. 61.514-61.516, a child
186	custody determination made under this section becomes a final
187	determination if it so provides and this state becomes the home
188	state of the child.
189
190	Reviser's note.--Amended to correct an apparent error
191	and facilitate correct interpretation. Section 61.616
192	does not exist; the reference is consistent with s.
193	61.516.
194
195	Section 8. Paragraph (b) of subsection (8) of section
196	106.07, Florida Statutes, is amended to read:
197	106.07 Reports; certification and filing.--
198	(8)
199	(b) Upon determining that a report is late, the filing
200	officer shall immediately notify the candidate or chair of the
201	political committee as to the failure to file a report by the
202	designated due date and that a fine is being assessed for each
203	late day. The fine shall be $50 per day for the first 3 days
204	late and, thereafter, $500 per day for each late day, not to
205	exceed 25 percent of the total receipts or expenditures,
206	whichever is greater, for the period covered by the late report.
207	However, for the reports immediately preceding each primary and
208	general election, the fine shall be $500 per day for each late
209	day, not to exceed 25 percent of the total receipts or
210	expenditures, whichever isifgreater, for the period covered by
211	the late report. For reports required under s. 106.141(7), the
212	fine is $50 per day for each late day, not to exceed 25 percent
213	of the total receipts or expenditures, whichever is greater, for
214	the period covered by the late report. Upon receipt of the
215	report, the filing officer shall determine the amount of the
216	fine which is due and shall notify the candidate or chair. The
217	filing officer shall determine the amount of the fine due based
218	upon the earliest of the following:
219	1. When the report is actually received by such officer.
220	2. When the report is postmarked.
221	3. When the certificate of mailing is dated.
222	4. When the receipt from an established courier company is
223	dated.
224
225	Such fine shall be paid to the filing officer within 20 days
226	after receipt of the notice of payment due, unless appeal is
227	made to the Florida Elections Commission pursuant to paragraph
228	(c). In the case of a candidate, such fine shall not be an
229	allowable campaign expenditure and shall be paid only from
230	personal funds of the candidate. An officer or member of a
231	political committee shall not be personally liable for such
232	fine.
233
234	Reviser's note.--Amended to improve clarity and
235	facilitate correct interpretation.
236
237	Section 9. Subsection (3) of section 112.19, Florida
238	Statutes, as amended by section 1 of chapter 2002-232, Laws of
239	Florida, is amended to read:
240	112.19 Law enforcement, correctional, and correctional
241	probation officers; death benefits.--
242	(3) If a law enforcement, correctional, or correctional
243	probation officer is accidentally killed as specified in
244	paragraph (2)(b) on or after June 22, 1990, or unlawfully and
245	intentionally killed as specified in paragraph (2)(c) on or
246	after July 1, 1980, the state shall waive certain educational
247	expenses that children of the deceased officer incur while
248	obtaining a vocational-technical certificate, an undergraduate
249	education, or a graduate or postbaccalaureate professional
250	degree. The amount waived by the state shall be an amount equal
251	to the cost of tuition, matriculation, and other statutorily
252	authorized fees for a total of 120 credit hours for a
253	vocational-technical certificate or an undergraduate education.
254	For a child pursuing a graduate or postbaccalaureate
255	professional degree, the amount waived shall equal the cost of
256	matriculation and other statutorily authorized fees incurred
257	while the child continues to fulfill the professional
258	requirements associated with the graduate or postbaccalaureate
259	professional degree program, and eligibility continues until the
260	child's 29th birthday. The child may attend a state vocational-
261	technical school, a state community college, or a state
262	university. The child may attend any or all of the institutions
263	specified in this subsection, on either a full-time or part-time
264	basis. For a child pursuing a vocational-technical certificate
265	or an undergraduate education, the benefits provided under this
266	subsection shall continue to the child until the child's 25th
267	birthday. To be eligible for the benefits provided under this
268	subsection for enrollment in a graduate or postbaccalaureate
269	professional degree program, the child must be a state resident,
270	as defined in s. 1009.21240.1201, at the time of enrollment.
271	(a) Upon failure of any child benefited by the provisions
272	of this section to comply with the ordinary and minimum
273	requirements of the institution attended, both as to discipline
274	and scholarship, the benefits shall be withdrawn as to the child
275	and no further moneys may be expended for the child's benefits
276	so long as such failure or delinquency continues.
277	(b) Only a student in good standing in his or her
278	respective institution may receive the benefits thereof.
279	(c) A child receiving benefits under this section must be
280	enrolled according to the customary rules and requirements of
281	the institution attended.
282
283	Reviser's note.--Amended to conform to the repeal of
284	s. 240.1201 by s. 1058, ch. 2002-387, Laws of Florida,
285	and the enactment of similar material in s. 1009.21 by
286	s. 400, ch. 2002-387.
287
288	Section 10. Subsection (3) of section 112.191, Florida
289	Statutes, as amended by section 2 of chapter 2002-232, Laws of
290	Florida, is amended to read:
291	112.191 Firefighters; death benefits.--
292	(3) If a firefighter is accidentally killed as specified
293	in paragraph(2)(b) on or after June 22, 1990, or unlawfully and
294	intentionally killed as specified in paragraph (2)(c), on or
295	after July 1, 1980, the state shall waive certain educational
296	expenses that children of the deceased firefighter incur while
297	obtaining a vocational-technical certificate, an undergraduate
298	education, or a graduate or postbaccalaureate professional
299	degree. The amount waived by the state shall be an amount equal
300	to the cost of tuition, matriculation, and other statutorily
301	authorized fees for a total of 120 credit hours for a
302	vocational-technical certificate or an undergraduate education.
303	For a child pursuing a graduate or postbaccalaureate
304	professional degree, the amount waived shall equal the cost of
305	matriculation and other statutorily authorized fees incurred
306	while the child continues to fulfill the professional
307	requirements associated with the graduate or postbaccalaureate
308	professional degree program, and eligibility continues until the
309	child's 29th birthday. The child may attend a state vocational-
310	technical school, a state community college, or a state
311	university. The child may attend any or all of the institutions
312	specified in this subsection, on either a full-time or part-time
313	basis. For a child pursuing a vocational-technical certificate
314	or an undergraduate education, the benefits provided under this
315	subsection shall continue to such a child until the child's 25th
316	birthday. To be eligible for the benefits provided under this
317	subsection for enrollment in a graduate or postbaccalaureate
318	professional degree program, the child must be a state resident,
319	as defined in s. 1009.21240.1201, at the time of enrollment.
320	(a) Upon failure of any child benefited by the provisions
321	of this section to comply with the ordinary and minimum
322	requirements of the institution attended, both as to discipline
323	and scholarship, the benefits thereof shall be withdrawn as to
324	the child and no further moneys expended for the child's
325	benefits so long as such failure or delinquency continues.
326	(b) Only students in good standing in their respective
327	institutions shall receive the benefits thereof.
328	(c) All children receiving benefits under this section
329	shall be enrolled according to the customary rules and
330	requirements of the institution attended.
331
332	Reviser's note.--Amended to conform to the repeal of
333	s. 240.1201 by s. 1058, ch. 2002-387, Laws of Florida,
334	and the enactment of similar material in s. 1009.21 by
335	s. 400, ch. 2002-387.
336
337	Section 11. Paragraph (ff) of subsection (3) of section
338	119.07, Florida Statutes, is amended to read:
339	119.07 Inspection, examination, and duplication of
340	records; exemptions.--
341	(3)
342	(ff)1. Until January 1, 2006, if a social security number,
343	made confidential and exempt pursuant to s. 119.0721119.072,
344	created pursuant to s. 1, ch. 2002-256, passed during the 2002
345	regular legislative session, or a complete bank account, debit,
346	charge, or credit card number made exempt pursuant to paragraph
347	(dd)s. 119.07(ee), created pursuant to s. 1, ch. 2002-257,
348	passed during the 2002 regular legislative session, is or has
349	been included in a court file, such number may be included as
350	part of the court record available for public inspection and
351	copying unless redaction is requested by the holder of such
352	number, or by the holder's attorney or legal guardian, in a
353	signed, legibly written request specifying the case name, case
354	number, document heading, and page number. The request must be
355	delivered by mail, facsimile, electronic transmission, or in
356	person to the clerk of the court. The clerk of the court does
357	not have a duty to inquire beyond the written request to verify
358	the identity of a person requesting redaction. A fee may not be
359	charged for the redaction of a social security number or a bank
360	account, debit, charge, or credit card number pursuant to such
361	request.
362	2. Any person who prepares or files a document to be
363	recorded in the official records by the county recorder as
364	provided in chapter 28 may not include a person's social
365	security number or complete bank account, debit, charge, or
366	credit card number in that document unless otherwise expressly
367	required by law. Until January 1, 2006, if a social security
368	number or a complete bank account, debit, charge or credit card
369	number is or has been included in a document presented to the
370	county recorder for recording in the official records of the
371	county, such number may be made available as part of the
372	official record available for public inspection and copying. Any
373	person, or his or her attorney or legal guardian, may request
374	that a county recorder remove from an image or copy of an
375	official record placed on a county recorder's publicly available
376	Internet website, or a publicly available Internet website used
377	by a county recorder to display public records outside the
378	office or otherwise made electronically available outside the
379	county recorder's office to the general public, his or her
380	social security number or complete account, debit, charge, or
381	credit card number contained in that official record. Such
382	request must be legibly written, signed by the requester, and
383	delivered by mail, facsimile, electronic transmission, or in
384	person to the county recorder. The request must specify the
385	identification page number of the document that contains the
386	number to be redacted. The county recorder does not have a duty
387	to inquire beyond the written request to verify the identity of
388	a person requesting redaction. A fee may not be charged for
389	redacting such numbers.
390	3. Upon the effective date of this act, subsections (3)
391	and (4) of s. 119.0721119.072, do not apply to the clerks of
392	the court or the county recorder with respect to court records
393	and official records.
394	4. On January 1, 2006, and thereafter, the clerk of the
395	court and the county recorder must keep complete bank account,
396	debit, charge, and credit card numbers exempt as provided for in
397	paragraph (dd)s. 119.07(3)(ee), and must keep social security
398	numbers confidential and exempt as provided for in s. 119.0721
399	119.072, without any person having to request redaction.
400
401	Reviser's note.--Amended to conform to the
402	redesignation of the referenced s. 119.072 as s.
403	119.0721 and the redesignation of s. 119.07(3)(ee) as
404	s. 119.07(3)(dd) by the reviser incident to compiling
405	the 2002 Florida Statutes.
406
407	Section 12. Paragraph (d) of subsection (4) of section
408	121.055, Florida Statutes, is reenacted to read:
409	121.055 Senior Management Service Class.--There is hereby
410	established a separate class of membership within the Florida
411	Retirement System to be known as the "Senior Management Service
412	Class," which shall become effective February 1, 1987.
413	(4)
414	(d) A member of the Senior Management Service Class shall
415	receive retirement credit at the rate of 2 percent of average
416	final compensation for each year of service in such class after
417	January 31, 1987.
418
419	Reviser's note.--Section 5, ch. 2002-273, Laws of
420	Florida, purported to amend paragraph (4)(d) but
421	failed to publish the amended paragraph. Absent
422	affirmative evidence that the Legislature intended to
423	repeal it, paragraph(4)(d) is reenacted to confirm
424	that the omission was not intended.
425
426	Section 13. Subsection (3) of section 154.01, Florida
427	Statutes, is amended to read:
428	154.01 County health department delivery system.--
429	(3) The Department of Health shall enter into contracts
430	with the several counties for the purposes of this part. All
431	contracts shall be negotiated and approved by the appropriate
432	local governing bodies and the appropriate district
433	administratorson behalf of the department. In accordance with
434	federal guidelines, the state may utilize federal funds for
435	county health department services. A standard contract format
436	shall be developed and used by the department in contract
437	negotiations. The contract shall include the three levels of
438	county health department services outlined in subsection (2)
439	above and shall contain a section which stipulates, for the
440	contract year:
441	(a) All revenue sources, including federal, state, and
442	local general revenue, fees, and other cash contributions, which
443	shall be used by the county health department for county health
444	department services;
445	(b) The types of services to be provided in each level of
446	service;
447	(c) The estimated number of clients, where applicable, who
448	will be served, by type of service;
449	(d) The estimated number of services, where applicable,
450	that will be provided, by type of service;
451	(e) The estimated number of staff positions (full-time
452	equivalent positions) who will work in each type of service
453	area; and
454	(f) The estimated expenditures for each type of service
455	and for each level of service.
456
457	The contract shall also provide for financial and service
458	reporting for each type of service according to standard service
459	and reporting procedures established by the department.
460
461	Reviser's note.--Amended to delete an obsolete
462	reference to district administrators that remains from
463	the time when the State Health Officer was under the
464	former Department of Health and Rehabilitative
465	Services. The Department of Health does not have
466	districts or district administrators.
467
468	Section 14. Paragraph (b) of subsection (1) and
469	subsections (2) and (3) of section 163.31776, Florida Statutes,
470	are amended to read:
471	163.31776 Public educational facilities element.--
472	(1) A county, in conjunction with the municipalities
473	within the county, may adopt an optional public educational
474	facilities element in cooperation with the applicable school
475	district. In order to enact an optional public educational
476	facilities element, the county and each municipality, unless the
477	municipality is exempt as defined in this subsection, must adopt
478	a consistent public educational facilities element and enter the
479	interlocal agreement pursuant to ss. 163.3177(6)(h)4. and
480	163.31777(2). A municipality is exempt if it has no established
481	need for a new school facility and it meets the following
482	criteria:
483	(b) The district school board's 5-year facilities work
484	program and the long-term 10-year work program, as provided in
485	s. 1013.35235.185, demonstrate that no new school facility is
486	needed in the municipality. In addition, the district school
487	board must verify in writing that no new school facility will be
488	needed in the municipality within the 5-year and 10-year
489	timeframes.
490	(2) The public educational facilities element must be
491	based on data and analysis, including the interlocal agreement
492	defined by ss. 163.3177(6)(h)4. and 163.31777(2), and on the
493	educational facilities plan required by s. 1013.35235.185. Each
494	local government public educational facilities element within a
495	county must be consistent with the other elements and must
496	address:
497	(a) The need for, strategies for, and commitments to
498	addressing improvements to infrastructure, safety, and community
499	conditions in areas proximate to existing public schools.
500	(b) The need for and strategies for providing adequate
501	infrastructure necessary to support proposed schools, including
502	potable water, wastewater, drainage, solid waste,
503	transportation, and means by which to assure safe access to
504	schools, including sidewalks, bicycle paths, turn lanes, and
505	signalization.
506	(c) Colocation of other public facilities, such as parks,
507	libraries, and community centers, in proximity to public
508	schools.
509	(d) Location of schools proximate to residential areas and
510	to complement patterns of development, including using
511	elementary schools as focal points for neighborhoods.
512	(e) Use of public schools to serve as emergency shelters.
513	(f) Consideration of the existing and planned capacity of
514	public schools when reviewing comprehensive plan amendments and
515	rezonings that are likely to increase residential development
516	and that are reasonably expected to have an impact on the demand
517	for public school facilities, with the review to be based on
518	uniform, level-of-service standards, availability standards for
519	public schools, and the financially feasible 5-year district
520	facilities work program adopted by the school board pursuant to
521	s. 1013.35235.185.
522	(g) A uniform methodology for determining school capacity
523	consistent with the interlocal agreement entered pursuant to ss.
524	163.3177(6)(h)4. and 163.31777(2).
525	(3) The future land-use map series must incorporate maps
526	that are the result of a collaborative process for identifying
527	school sites in the educational facilities plan adopted by the
528	school board pursuant to s. 1013.35235.185and must show the
529	locations of existing public schools and the general locations
530	of improvements to existing schools or new schools anticipated
531	over the 5-year, 10-year, and 20-year time periods, or such maps
532	must constitute data and analysis in support of the future land-
533	use map series. Maps indicating general locations of future
534	schools or school improvements should not prescribe a land use
535	on a particular parcel of land.
536
537	Reviser's note.--Amended to conform to the repeal of
538	s. 235.185 by s. 1058, ch. 2002-387, Laws of Florida,
539	and the enactment of similar material in s. 1013.35 by
540	s. 830, ch. 2002-387.
541
542	Section 15. Paragraph (c) of subsection (1), paragraphs
543	(e) and (f) of subsection (2), paragraph (c) of subsection (3),
544	subsection (4), and paragraph (b) of subsection (6) of section
545	163.31777, Florida Statutes, are amended to read:
546	163.31777 Public schools interlocal agreement.--
547	(1)
548	(c) If the student population has declined over the 5-year
549	period preceding the due date for submittal of an interlocal
550	agreement by the local government and the district school board,
551	the local government and the district school board may petition
552	the state land planning agency for a waiver of one or more
553	requirements of subsection (2). The waiver must be granted if
554	the procedures called for in subsection (2) are unnecessary
555	because of the school district's declining school age
556	population, considering the district's 5-year facilities work
557	program prepared pursuant to s. 1013.35235.185. The state land
558	planning agency may modify or revoke the waiver upon a finding
559	that the conditions upon which the waiver was granted no longer
560	exist. The district school board and local governments must
561	submit an interlocal agreement within 1 year after notification
562	by the state land planning agency that the conditions for a
563	waiver no longer exist.
564	(2) At a minimum, the interlocal agreement must address
565	the following issues:
566	(e) A process for the school board to inform the local
567	government regarding school capacity. The capacity reporting
568	must be consistent with laws and rules relating to measurement
569	of school facility capacity and must also identify how the
570	district school board will meet the public school demand based
571	on the facilities work program adopted pursuant to s. 1013.35
572	235.185.
573	(f) Participation of the local governments in the
574	preparation of the annual update to the district school board's
575	5-year district facilities work program and educational plant
576	survey prepared pursuant to s. 1013.35235.185.
577
578	A signatory to the interlocal agreement may elect not to include
579	a provision meeting the requirements of paragraph (e); however,
580	such a decision may be made only after a public hearing on such
581	election, which may include the public hearing in which a
582	district school board or a local government adopts the
583	interlocal agreement. An interlocal agreement entered into
584	pursuant to this section must be consistent with the adopted
585	comprehensive plan and land development regulations of any local
586	government that is a signatory.
587	(3)
588	(c) If the state land planning agency enters a final order
589	that finds that the interlocal agreement is inconsistent with
590	the requirements of subsection (2) or this subsection, it shall
591	forward it to the Administration Commission, which may impose
592	sanctions against the local government pursuant to s.
593	163.3184(11) and may impose sanctions against the district
594	school board by directing the Department of Education to
595	withhold from the district school board an equivalent amount of
596	funds for school construction available pursuant to ss. 1013.65,
597	1013.68, 1013.70, and 1013.72235.187, 235.216, 235.2195, and
598	235.42.
599	(4) If an executed interlocal agreement is not timely
600	submitted to the state land planning agency for review, the
601	state land planning agency shall, within 15 working days after
602	the deadline for submittal, issue to the local government and
603	the district school board a Notice to Show Cause why sanctions
604	should not be imposed for failure to submit an executed
605	interlocal agreement by the deadline established by the agency.
606	The agency shall forward the notice and the responses to the
607	Administration Commission, which may enter a final order citing
608	the failure to comply and imposing sanctions against the local
609	government and district school board by directing the
610	appropriate agencies to withhold at least 5 percent of state
611	funds pursuant to s. 163.3184(11) and by directing the
612	Department of Education to withhold from the district school
613	board at least 5 percent of funds for school construction
614	available pursuant to ss. 1013.65, 1013.68, 1013.70, and 1013.72
615	235.187, 235.216, 235.2195, and 235.42.
616	(6) Except as provided in subsection (7), municipalities
617	having no established need for a new school facility and meeting
618	the following criteria are exempt from the requirements of
619	subsections (1), (2), and (3):
620	(b) The district school board's 5-year facilities work
621	program and the long-term 10-year and 20-year work programs, as
622	provided in s. 1013.35235.185, demonstrate that no new school
623	facility is needed in the municipality. In addition, the
624	district school board must verify in writing that no new school
625	facility will be needed in the municipality within the 5-year
626	and 10-year timeframes.
627
628	Reviser's note.--Amended to conform to the repeal of
629	chapter 235 by s. 1058, ch. 2002-387, Laws of Florida,
630	and the enactment of similar material in chapter 1013
631	by ch. 2002-387.
632
633	Section 16. Section 196.1983, Florida Statutes, is amended
634	to read:
635	196.1983 Charter school exemption from ad valorem
636	taxes.--Any facility, or portion thereof, used to house a
637	charter school whose charter has been approved by the sponsor
638	and the governing board pursuant to s. 1002.33(7)228.056(9)
639	shall be exempt from ad valorem taxes. For leasehold properties,
640	the landlord must certify by affidavit to the charter school
641	that the lease payments shall be reduced to the extent of the
642	exemption received. The owner of the property shall disclose to
643	a charter school the full amount of the benefit derived from the
644	exemption and the method for ensuring that the charter school
645	receives such benefit. The charter school shall receive the
646	full benefit derived from the exemption through either an annual
647	or monthly credit to the charter school's lease payments.
648
649	Reviser's note.--Amended to conform to the repeal of
650	s. 228.056 by s. 1058, ch. 2002-387, Laws of Florida,
651	and the enactment of similar material in s. 1002.33(7)
652	by s. 98, ch. 2002-387.
653
654	Section 17. Paragraph (b) of subsection (6) of section
655	199.282, Florida Statutes, is amended to read:
656	199.282 Penalties for violation of this chapter.--
657	(6) Late reporting penalties shall be imposed as follows:
658	(b) An initial penalty of $10 per customer position
659	statement, plus an additional penalty of the greater of 1
660	percent of the initial penalty or $50 for each month or portion
661	of a month, from the date due until filing is made, upon any
662	security dealer or investment adviser who does not timely file
663	or fails to file the statements required by s. 199.062(1)
664	199.062(3). The submission of a position statement that does
665	not comply with the department's specifications and instructions
666	or the submission of an inaccurate position statement is not a
667	timely filing. The department shall notify any security dealer
668	or investment adviser who fails to timely file the required
669	statements. The minimum penalty imposed upon a security dealer
670	or investment adviser under this paragraph is $100.
671
672	Reviser's note.--Amended to conform to the
673	redesignation of s. 199.062(3) as s. 199.062(1)
674	necessitated by the repeal of former subsections (1)
675	and (2) by s. 60, ch. 2002-218, Laws of Florida.
676
677	Section 18. Paragraph (b) of subsection (2) of section
678	210.20, Florida Statutes, is amended to read:
679	210.20 Employees and assistants; distribution of funds.--
680	(2) As collections are received by the division from such
681	cigarette taxes, it shall pay the same into a trust fund in the
682	State Treasury designated "Cigarette Tax Collection Trust Fund"
683	which shall be paid and distributed as follows:
684	(b)1. Beginning January 1, 1999, and continuing for 10
685	years thereafter, the division shall from month to month certify
686	to the Comptroller the amount derived from the cigarette tax
687	imposed by s. 210.02, less the service charges provided for in
688	s. 215.20 and less 0.9 percent of the amount derived from the
689	cigarette tax imposed by s. 210.02, which shall be deposited
690	into the Alcoholic Beverage and Tobacco Trust Fund, specifying
691	an amount equal to 2.59 percent of the net collections, and that
692	amount shall be paid to the Board of Directors of the H. Lee
693	Moffitt Cancer Center and Research Institute, established under
694	s. 1004.43, by warrant drawn by the Comptroller upon the State
695	Treasury. These funds are hereby appropriated monthly out of the
696	Cigarette Tax Collection Trust Fund, to be used for the purpose
697	of constructing, furnishing, and equipping a cancer research
698	facility at the University of South Florida adjacent to the H.
699	Lee Moffitt Cancer Center and Research Institute. In fiscal
700	years 1999-2000 and thereafter with the exception of fiscal year
701	2008-2009, the appropriation to the H. Lee Moffitt Cancer Center
702	and Research Institute authorized by this subparagraph shall not
703	be less than the amount that would have been paid to the H. Lee
704	Moffitt Cancer Center and Research Institute for fiscal year
705	1998-1999 had payments been made for the entire fiscal year
706	rather than for a 6-month period thereof.
707	2. Beginning July 1, 2002, and continuing through June 30,
708	2004, the division shall, in addition to the distribution
709	authorized in subparagraph 1., from month to month certify to
710	the Comptroller the amount derived from the cigarette tax
711	imposed by s. 210.02, less the service charges provided for in
712	s. 215.20 and less 0.9 percent of the amount derived from the
713	cigarette tax imposed by s. 210.02, which shall be deposited
714	into the Alcoholic Beverage and Tobacco Trust Fund, specifying
715	an amount equal to 0.2632 percent of the net collections, and
716	that amount shall be paid to the Board of Directors of the H.
717	Lee Moffitt Cancer Center and Research Institute, established
718	under s. 1004.43240.512, by warrant drawn by the Comptroller.
719	Beginning July 1, 2004, and continuing through June 30, 2016,
720	the division shall, in addition to the distribution authorized
721	in subparagraph 1., from month to month certify to the
722	Comptroller the amount derived from the cigarette tax imposed by
723	s. 210.02, less the service charges provided for in s. 215.20
724	and less 0.9 percent of the amount derived from the cigarette
725	tax imposed by s. 210.02, which shall be deposited into the
726	Alcoholic Beverage and Tobacco Trust Fund, specifying an amount
727	equal to 1.47 percent of the net collections, and that amount
728	shall be paid to the Board of Directors of the H. Lee Moffitt
729	Cancer Center and Research Institute, established under s.
730	1004.43240.512, by warrant drawn by the Comptroller. These
731	funds are appropriated monthly out of the Cigarette Tax
732	Collection Trust Fund, to be used for the purpose of
733	constructing, furnishing, and equipping a cancer research
734	facility at the University of South Florida adjacent to the H.
735	Lee Moffitt Cancer Center and Research Institute. In fiscal
736	years 2004-2005 and thereafter, the appropriation to the H. Lee
737	Moffitt Cancer Center and Research Institute authorized by this
738	subparagraph shall not be less than the amount that would have
739	been paid to the H. Lee Moffitt Cancer Center and Research
740	Institute in fiscal year 2001-2002, had this subparagraph been
741	in effect.
742
743	Reviser's note.--Amended to conform to the repeal of
744	s. 240.512 by s. 1058, ch. 2002-387, Laws of Florida,
745	and the enactment of similar material in s. 1004.43 by
746	s. 188, ch. 2002-387.
747
748	Section 19. Section 220.1501, Florida Statutes, is amended
749	to read:
750	220.1501 Rulemaking authority to implement s.
751	220.15(2)(c), (4)(c), and (8).--The Department of Revenue has
752	authority to adopt rules pursuant to the Administrative
753	Procedure Act to implement s. 220.15(2)(c), (4)(c), and (8), as
754	created by chapter 98-325, Laws of Florida. The Board of Regents
755	and the president of each participating nonpublic university
756	shall monitor the various sponsored research contracts and make
757	a report to the Speaker of the House of Representatives and to
758	the President of the Senate by February 1, 2000, which shall
759	provide any necessary information which indicates if the
760	provisions of chapter 98-325 have been successful in attracting
761	additional sponsored research contracts.
762
763	Reviser's note.--Amended to delete obsolete language.
764
765	Section 20. Subsection (10) of section 243.20, Florida
766	Statutes, is amended to read:
767	243.20 Definitions.--The following terms, wherever used or
768	referred to in this part shall have the following respective
769	meanings, unless a different meaning clearly appears from the
770	context:
771	(10) "Loan in anticipation of tuition revenues" means a
772	loan to a private institution for higher education under
773	circumstances in which tuition revenues anticipated to be
774	received by the institution in any budget year are estimated to
775	be insufficient at any time during the budget year to pay the
776	operating expenses or other obligations of the institution in
777	accordance with the budget of the institution. The loans are
778	permitted within guidelines adopted by the authority consistent
779	with the provisions for similar loans undertaken by school
780	districts under s. 1011.13237.151, excluding provisions
781	applicable to the limitations on borrowings relating to the levy
782	of taxes and the adoption of budgets in accordance with law
783	applicable solely to school districts. The Florida Resident
784	Access Grant shall not be considered tuition revenues for the
785	purpose of calculating a loan to a private institution pursuant
786	to the provision of this chapter.
787
788	Reviser's note.--Amended to conform to the repeal of
789	s. 237.151 by s. 1058, ch. 2002-387, Laws of Florida,
790	and the enactment of similar material in s. 1011.13 by
791	s. 616, ch. 2002-387.
792
793	Section 21. Subsection (8) of section 267.173, Florida
794	Statutes, is amended to read:
795	267.173 Historic preservation in West Florida; goals;
796	contracts for historic preservation; powers and duties.--
797	(8) Notwithstanding any other provision of law, the
798	University of West Florida and its direct-support organization
799	are eligible to match state funds in the Trust Fund for
800	UniversityMajor Gifts established pursuant to s. 1011.94.
801
802	Reviser's note.--Amended to conform to the complete
803	name of the fund as provided in s. 1011.94.
804
805	Section 22. Paragraph (a) of subsection (2) of section
806	288.1067, Florida Statutes, is amended to read:
807	288.1067 Confidentiality of records.--
808	(2) Nothing contained in this section shall prevent the
809	Office of Tourism, Trade, and Economic Development or Enterprise
810	Florida, Inc., from releasing:
811	(a) The names of qualified businesses, the total number of
812	jobs each business expects to create, the total number of jobs
813	created by each business, and the amount of tax refunds awarded
814	to and claimed by each business under s. 288.1045228.1045or s.
815	288.106. However, for a business applying under s. 288.1045
816	based on obtaining a new Department of Defense contract, the
817	total number of jobs expected and the amount of tax refunds
818	claimed shall not be released until the new Department of
819	Defense contract is awarded;
820
821	Reviser's note.--Amended to correct an apparent error
822	and facilitate correct interpretation. Section
823	228.1045 does not exist; s. 288.1045 relates to the
824	qualified defense contractor tax refund program.
825
826	Section 23. Subsection (10) of section 288.109, Florida
827	Statutes, is repealed.
828
829	Reviser's note.--The cited subsection, which provided
830	fee exemptions for certain development permits, was
831	originally repealed by s. 6, ch. 2001-278, Laws of
832	Florida. Subsequently, there was a technical amendment
833	to subsection (10) by s. 51, ch. 2002-20, Laws of
834	Florida, to delete a reference to the former High
835	Speed Rail Transportation Siting Act, but this
836	amendment was not intended to revive subsection (10).
837
838	Section 24. Subsection (7) of section 288.7091, Florida
839	Statutes, is amended to read:
840	288.7091 Duties of the Florida Black Business Investment
841	Board, Inc.--The Florida Black Business Investment Board, Inc.,
842	shall:
843	(7) Develop memoranda of understanding with the
844	Departments of Education, Transportation, Community Affairs, and
845	Management Services, as well as with Workforce Florida, Inc.,
846	and the State FloridaBoard of Education, detailing efforts of
847	common interest and collaborations to expand black business
848	development;
849
850	Reviser's note.--Amended to improve clarity and
851	facilitate correct interpretation. Section 229.004,
852	which established the Florida Board of Education, was
853	repealed by s. 1058, ch. 2002-387, Laws of Florida.
854	Section 19, ch. 2002-387, established the State Board
855	of Education.
856
857	Section 25. Subsection (2) of section 295.0185, Florida
858	Statutes, is amended to read:
859	295.0185 Children of deceased or disabled military
860	personnel who die or become disabled in Operation Enduring
861	Freedom; educational opportunity.--
862	(2) The provisions of ss. 240.404,295.03, 295.04, 295.05,
863	and 1009.40apply.
864
865	Reviser's note.--Amended to conform to the repeal of
866	s. 240.404 by s. 1058, ch. 2002-387, Laws of Florida,
867	and the enactment of similar material in s. 1009.40 by
868	s. 413, ch. 2002-387.
869
870	Section 26. Paragraph (b) of subsection (1) of section
871	316.640, Florida Statutes, is reenacted to read:
872	316.640 Enforcement.--The enforcement of the traffic laws
873	of this state is vested as follows:
874	(1) STATE.--
875	(b)1. The Department of Transportation has authority to
876	enforce on all the streets and highways of this state all laws
877	applicable within its authority.
878	2.a. The Department of Transportation shall develop
879	training and qualifications standards for toll enforcement
880	officers whose sole authority is to enforce the payment of tolls
881	pursuant to s. 316.1001. Nothing in this subparagraph shall be
882	construed to permit the carrying of firearms or other weapons,
883	nor shall a toll enforcement officer have arrest authority.
884	b. For the purpose of enforcing s. 316.1001, governmental
885	entities, as defined in s. 334.03, which own or operate a toll
886	facility may employ independent contractors or designate
887	employees as toll enforcement officers; however, any such toll
888	enforcement officer must successfully meet the training and
889	qualifications standards for toll enforcement officers
890	established by the Department of Transportation.
891
892	Reviser's note.--Section 109, ch. 2002-20, Laws of
893	Florida, purported to amend subsection (1) but failed
894	to publish paragraph (b) of that subsection. Absent
895	affirmative evidence that the Legislature intended to
896	repeal it, paragraph (1)(b) is reenacted to confirm
897	that the omission was not intended.
898
899	Section 27. Subsection (1) of section 318.14, Florida
900	Statutes, is amended to read:
901	318.14 Noncriminal traffic infractions; exception;
902	procedures.--
903	(1) Except as provided in ss. 318.17 and 320.07(3)(c), any
904	person cited for a violation of s. 1006.66(3),chapter 316, s.
905	320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
906	322.16(2) or (3), s. 322.161(5), s. 322.19, or s. 1006.66(3)
907	1006.66is charged with a noncriminal infraction and must be
908	cited for such an infraction and cited to appear before an
909	official. If another person dies as a result of the noncriminal
910	infraction, the person cited may be required to perform 120
911	community service hours under s. 316.027(4), in addition to any
912	other penalties.
913
914	Reviser's note.--The amendment to this section by s.
915	963, ch. 2002-387, Laws of Florida, deleted a
916	reference to former s. 240.265 and added references to
917	both ss. 1006.66 and 1006.66(3). Section 1006.66(3) is
918	the successor provision to former s. 240.265.
919
920	Section 28. Paragraph (c) of subsection (2) of section
921	322.051, Florida Statutes, is amended to read:
922	322.051 Identification cards.--
923	(2)
924	(c) Notwithstanding any other provisions of this chapter,
925	if an applicant establishes his or her identityidentifyfor an
926	identification card using an identification document authorized
927	under sub-subparagraphs (a)3.e.-f., the identification card
928	shall expire 4 years after the date of issuance or upon the
929	expiration date cited on the United States Department of Justice
930	documents, whichever date first occurs, and may not be renewed
931	or obtain a duplicate except in person.
932
933	Reviser's note.--Amended to improve clarity and
934	facilitate correct interpretation.
935
936	Section 29. Section 334.0445, Florida Statutes, is
937	repealed.
938
939	Reviser's note.--Repeals an obsolete provision. The
940	section authorized a model career service
941	classification and compensation plan. Authorization
942	for the program expired June 30, 2002.
943
944	Section 30. Subsection (2) of section 335.14, Florida
945	Statutes, is amended to read:
946	335.14 Traffic control devices on State Highway System or
947	State Park Road System; exemption for computerized traffic
948	systems and control devices.--
949	(2) Computerized traffic systems and control devices which
950	are used solely for the purpose of motor vehicle traffic control
951	and surveillance shall be exempted from the provisions of
952	chapter 282 and s. 287.073.
953
954	Reviser's note.--Amended to conform to the repeal of
955	s. 287.073 by s. 20, ch. 2002-207, Laws of Florida.
956
957	Section 31. Section 341.8201, Florida Statutes, is amended
958	to read:
959	341.8201 Short title.--Sections 341.8201-341.842341.8201-
960	341.843may be cited as the "Florida High-Speed Rail Authority
961	Act."
962
963	Reviser's note.--Amended to conform to context; there
964	is no s. 341.843.
965
966	Section 32. Subsection (2) of section 381.0068, Florida
967	Statutes, is amended to read:
968	381.0068 Technical review and advisory panel.--
969	(2) The primary purpose of the panel is to assist the
970	department in rulemaking and decisionmaking by drawing on the
971	expertise of representatives from several groups that are
972	affected by onsite sewage treatment and disposal systems. The
973	panel may also review and comment on any legislation or any
974	existing or proposed state policy or issue related to onsite
975	sewage treatment and disposal systems. If requested by the
976	panel, the chair will advise any affected person or member of
977	the Legislature of the panel's position on the legislation or
978	any existing or proposed state policy or issue. The chair may
979	also take such other action as is appropriate to allow the panel
980	to function. At a minimum, the panel shall consist of a soil
981	scientist; a professional engineer registered in this state who
982	is recommended by the Florida Engineering Society and who has
983	work experience in onsite sewage treatment and disposal systems;
984	two representatives from the home-building industry recommended
985	by the Florida Home Builders Association, including one who is a
986	developer in this state who develops lots using onsite sewage
987	treatment and disposal systems; a representative from the county
988	health departments who has experience permitting and inspecting
989	the installation of onsite sewage treatment and disposal systems
990	in this state; a representative from the real estate industry
991	who is recommended by the Florida Association of Realtors; a
992	consumer representative with a science background; two
993	representatives of the septic tank industry recommended by the
994	Florida Onsite WastewaterSeptic TankAssociation, including one
995	who is a manufacturer of onsite sewage treatment and disposal
996	systems; and a representative from the environmental health
997	profession who is recommended by the Florida Environmental
998	Health Association and who is not employed by a county health
999	department. Members are to be appointed for a term of 2 years.
1000	The panel may also, as needed, be expanded to include ad hoc,
1001	nonvoting representatives who have topic-specific expertise.
1002	All rules proposed by the department which relate to onsite
1003	sewage treatment and disposal systems must be presented to the
1004	panel for review and comment prior to adoption. The panel's
1005	position on proposed rules shall be made a part of the
1006	rulemaking record that is maintained by the agency. The panel
1007	shall select a chair, who shall serve for a period of 1 year and
1008	who shall direct, coordinate, and execute the duties of the
1009	panel. The panel shall also solicit input from the department's
1010	variance review and advisory committee before submitting any
1011	comments to the department concerning proposed rules. The
1012	panel's comments must include any dissenting points of view
1013	concerning proposed rules. The panel shall hold meetings as it
1014	determines necessary to conduct its business, except that the
1015	chair, a quorum of the voting members of the panel, or the
1016	department may call meetings. The department shall keep minutes
1017	of all meetings of the panel. Panel members shall serve without
1018	remuneration, but, if requested, shall be reimbursed for per
1019	diem and travel expenses as provided in s. 112.061.
1020
1021	Reviser's note.--Amended to conform to the renaming of
1022	the Florida Septic Tank Association as the Florida
1023	Onsite Wastewater Association.
1024
1025	Section 33. Sections 381.0602, 381.6021, 381.6022,
1026	381.6023, 381.6024, and 381.6026, Florida Statutes, are
1027	transferred and renumbered as sections 765.53, 765.541, 765.542,
1028	765.543, 765.544, and 765.546, Florida Statutes, respectively.
1029	Reviser's note.--The cited sections, which relate to
1030	organ transplants, are transferred from chapter 381,
1031	the general public health chapter of the Florida
1032	Statutes, to part V of chapter 765, which relates to
1033	anatomical gifts.
1034
1035	Section 34. Section 381.6025, Florida Statutes, is
1036	transferred and renumbered as section 765.545, Florida Statutes,
1037	and amended to read:
1038	765.545381.6025Physician supervision of cadaveric organ
1039	and tissue procurement coordinators.--Organ procurement
1040	organizations, tissue banks, and eye banks may employ
1041	coordinators, who are registered nurses, physician's assistants,
1042	or other medically trained personnel who meet the relevant
1043	standards for organ procurement organizations, tissue banks, or
1044	eye banks as adopted by the Agency for Health Care
1045	Administration under s. 765.541381.6021, to assist in the
1046	medical management of organ donors or in the surgical
1047	procurement of cadaveric organs, tissues, or eyes for
1048	transplantation or research. A coordinator who assists in the
1049	medical management of organ donors or in the surgical
1050	procurement of cadaveric organs, tissues, or eyes for
1051	transplantation or research must do so under the direction and
1052	supervision of a licensed physician medical director pursuant to
1053	rules and guidelines to be adopted by the Agency for Health Care
1054	Administration. With the exception of organ procurement surgery,
1055	this supervision may be indirect supervision. For purposes of
1056	this section, the term "indirect supervision" means that the
1057	medical director is responsible for the medical actions of the
1058	coordinator, that the coordinator is operating under protocols
1059	expressly approved by the medical director, and that the medical
1060	director or his or her physician designee is always available,
1061	in person or by telephone, to provide medical direction,
1062	consultation, and advice in cases of organ, tissue, and eye
1063	donation and procurement. Although indirect supervision is
1064	authorized under this section, direct physician supervision is
1065	to be encouraged when appropriate.
1066
1067	Reviser's note.--The cited section, which relates to
1068	physician supervision of cadaveric organ and tissue
1069	procurement coordinators, is transferred from chapter
1070	381, the general public health chapter of the Florida
1071	Statutes, to part V of chapter 765, which relates to
1072	anatomical gifts. The section is amended to conform a
1073	cross-reference to s. 381.6021 to the transfer of that
1074	section to s. 765.541 by this act.
1075
1076	Section 35. Subsection (2) of section 381.60225, Florida
1077	Statutes, is amended to read:
1078	381.60225 Background screening.--
1079	(2) An organ procurement organization, tissue bank, or eye
1080	bank certified by the Agency for Health Care Administration in
1081	accordance with ss. 765.541381.6021 and 765.542381.6022is not
1082	subject to the requirements of this section if the entity has no
1083	direct patient care responsibilities and does not bill patients
1084	or insurers directly for services under the Medicare or Medicaid
1085	programs, or for privately insured services.
1086
1087	Reviser's note.--Amended to conform cross-references
1088	to ss. 381.6021 and 381.6022 to the transfer of those
1089	sections to ss. 765.541 and 765.542, respectively, by
1090	this act.
1091
1092	Section 36. Subsection (2) of section 395.2050, Florida
1093	Statutes, is amended to read:
1094	395.2050 Routine inquiry for organ and tissue donation;
1095	certification for procurement activities; death records
1096	review.--
1097	(2) Every hospital licensed under this chapter that is
1098	engaged in the procurement of organs, tissues, or eyes shall
1099	comply with the certification requirements of ss. 765.541-
1100	765.546381.6021-381.6026.
1101
1102	Reviser's note.--Amended to conform cross-references
1103	to ss. 381.6021-381.6026 to the transfer of those
1104	sections to ss. 765.541-765.546 by this act.
1105
1106	Section 37. Section 400.0089, Florida Statutes, is amended
1107	to read:
1108	400.0089 Agency reports.--The Department of Elderly
1109	Affairs shall maintain a statewide uniform reporting system to
1110	collect and analyze data relating to complaints and conditions
1111	in long-term care facilities and to residents, for the purpose
1112	of identifying and resolving significant problems. The
1113	department and the State Long-Term Care Ombudsman Council shall
1114	submit such data as part of its annual report required pursuant
1115	to s. 400.0067(2)(f)400.0067(2)(g)to the Agency for Health
1116	Care Administration, the Department of Children and Family
1117	Services, the Florida Statewide Advocacy Council, the Advocacy
1118	Center for Persons with Disabilities, the Commissioner for the
1119	United States Administration on Aging, the National Ombudsman
1120	Resource Center, and any other state or federal entities that
1121	the ombudsman determines appropriate. The State Long-Term Care
1122	Ombudsman Council shall publish quarterly and make readily
1123	available information pertaining to the number and types of
1124	complaints received by the long-term care ombudsman program.
1125
1126	Reviser's note.--Amended to conform to the
1127	redesignation of s. 400.0067(2)(g) as s.
1128	400.0067(2)(f) by s. 22, ch. 2002-223, Laws of
1129	Florida.
1130
1131	Section 38. Subparagraph 10. of paragraph (b) of
1132	subsection (2) of section 400.191, Florida Statutes, is
1133	repealed.
1134
1135	Reviser's note.--The cited subparagraph, which relates
1136	to consumer and family satisfaction survey information
1137	to be provided in printed form by the Agency for
1138	Health Care Administration, as described in former s.
1139	400.0225, is obsolete. Section 400.0225 was repealed
1140	by s. 14, ch. 2001-377, Laws of Florida, along with
1141	other statutory references to the surveys.
1142
1143	Section 39. Paragraph (h) of subsection (2) of section
1144	400.23, Florida Statutes, is amended to read:
1145	400.23 Rules; evaluation and deficiencies; licensure
1146	status.--
1147	(2) Pursuant to the intention of the Legislature, the
1148	agency, in consultation with the Department of Health and the
1149	Department of Elderly Affairs, shall adopt and enforce rules to
1150	implement this part, which shall include reasonable and fair
1151	criteria in relation to:
1152	(h) The implementation of the consumer satisfaction survey
1153	pursuant to s. 400.0225;The availability, distribution, and
1154	posting of reports and records pursuant to s. 400.191;and the
1155	Gold Seal Program pursuant to s. 400.235.
1156
1157	Reviser's note.--Amended to conform to the repeal of
1158	s. 400.0225 by s. 14, ch. 2001-377, Laws of Florida.
1159
1160	Section 40. Paragraph (d) of subsection (2) of section
1161	402.305, Florida Statutes, is amended to read:
1162	402.305 Licensing standards; child care facilities.--
1163	(2) PERSONNEL.-Minimum standards for child care personnel
1164	shall include minimum requirements as to:
1165	(d) Minimum training requirements for child care
1166	personnel.
1167	1. Such minimum standards for training shall ensure that
1168	all child care personnel take an approved 40-clock-hour
1169	introductory course in child care, which course covers at least
1170	the following topic areas:
1171	a. State and local rules and regulations which govern
1172	child care.
1173	b. Health, safety, and nutrition.
1174	c. Identifying and reporting child abuse and neglect.
1175	d. Child development, including typical and atypical
1176	language, cognitive, motor, social, and self-help skills
1177	development.
1178	e. Observation of developmental behaviors, including using
1179	a checklist or other similar observation tools and techniques to
1180	determine the child's developmental age level.
1181	f. Specialized areas, including computer technology for
1182	professional and classroom use, as determined by the department,
1183	for owner-operators and child care personnel of a child care
1184	facility.
1185
1186	Within 90 days after employment, child care personnel shall
1187	begin training to meet the training requirements. Child care
1188	personnel shall successfully complete such training within 1
1189	year after the date on which the training began, as evidenced by
1190	passage of a competency examination. Successful completion of
1191	the 40-clock-hour introductory course shall articulate into
1192	community college credit in early childhood education, as
1193	approved by the Articulation Coordinating Committee, pursuant to
1194	ss. 1007.24 and 1007.25s. 229.551(1)(g). Exemption from all or
1195	a portion of the required training shall be granted to child
1196	care personnel based upon educational credentials or passage of
1197	competency examinations. Child care personnel possessing a 2-
1198	year degree or higher that includes 6 college credit hours in
1199	early childhood development or child growth and development, or
1200	a child development associate credential or an equivalent state-
1201	approved child development associate credential, or a child
1202	development associate waiver certificate shall be automatically
1203	exempted from the training requirements in sub-subparagraphs b.,
1204	d., and e.
1205	2. The introductory course in child care shall stress, to
1206	the extent possible, an interdisciplinary approach to the study
1207	of children.
1208	3. On an annual basis in order to further their child care
1209	skills and, if appropriate, administrative skills, child care
1210	personnel who have fulfilled the requirements for the child care
1211	training shall be required to take an additional approved 8
1212	clock hours of inservice training or an equivalent as determined
1213	by the department.
1214	4. Procedures for ensuring the training of qualified child
1215	care professionals to provide training of child care personnel,
1216	including onsite training, shall be included in the minimum
1217	standards. It is recommended that the state community child
1218	care coordination agencies (central agencies) be contracted by
1219	the department to coordinate such training when possible. Other
1220	district educational resources, such as community colleges and
1221	vocational-technical programs, can be designated in such areas
1222	where central agencies may not exist or are determined not to
1223	have the capability to meet the coordination requirements set
1224	forth by the department.
1225	5. Training requirements shall not apply to certain
1226	occasional or part-time support staff, including, but not
1227	limited to, swimming instructors, piano teachers, dance
1228	instructors, and gymnastics instructors.
1229	6. The department shall evaluate or contract for an
1230	evaluation for the general purpose of determining the status of
1231	and means to improve staff training requirements and testing
1232	procedures. The evaluation shall be conducted every 2 years. The
1233	evaluation shall include, but not be limited to, determining the
1234	availability, quality, scope, and sources of current staff
1235	training; determining the need for specialty training; and
1236	determining ways to increase inservice training and ways to
1237	increase the accessibility, quality, and cost-effectiveness of
1238	current and proposed staff training. The evaluation methodology
1239	shall include a reliable and valid survey of child care
1240	personnel.
1241	7. The child care operator shall be required to take basic
1242	training in serving children with disabilities within 5 years
1243	after employment, either as a part of the introductory training
1244	or the annual 8 hours of inservice training.
1245
1246	Reviser's note.--Amended to conform to the elimination
1247	of the Articulation Coordinating Committee by ch.
1248	2002-387, Laws of Florida. The paragraph is also
1249	amended to conform to the repeal of s. 229.551 by s.
1250	1058, ch. 2002-387, and the enactment of similar
1251	material in ss. 1007.24 and 1007.25 by ss. 350 and
1252	351, ch. 2002-387, respectively.
1253
1254	Section 41. Subsection (3) of section 402.3131, Florida
1255	Statutes, is amended to read:
1256	402.3131 Large family child care homes.--
1257	(3) Operators of large family child care homes must
1258	successfully complete an approved 40-clock-hour introductory
1259	course in group child care, as evidenced by passage of a
1260	competency examination. Successful completion of the 40-clock-
1261	hour introductory course shall articulate into community college
1262	credit in early childhood education, as approved by the
1263	Articulation Coordinating Committee, pursuant to ss. 1007.24 and
1264	1007.25s. 229.551(1)(g).
1265
1266	Reviser's note.--Amended to conform to the elimination
1267	of the Articulation Coordinating Committee by ch.
1268	2002-387, Laws of Florida. The subsection is also
1269	amended to conform to the repeal of s. 229.551 by s.
1270	1058, ch. 2002-387, and the enactment of similar
1271	material in ss. 1007.24 and 1007.25 by ss. 350 and
1272	351, ch. 2002-387, respectively.
1273
1274	Section 42. Subsection (7) of section 403.706, Florida
1275	Statutes, is amended to read:
1276	403.706 Local government solid waste responsibilities.--
1277	(7) In order to assess the progress in meeting the goal
1278	established in subsection (4), each county shall, by November
1279	each year, provide information to the department regardingits
1280	annual solid waste management program and recycling activities.
1281	The information by the county must include:
1282	(a) The amount of municipal solid waste disposed of at
1283	solid waste disposal facilities, by type of waste such as yard
1284	trash, white goods, clean debris, tires, and unseparated solid
1285	waste;
1286	(b) The amount and type of materials from the municipal
1287	solid waste stream that were recycled; and
1288	(c) The percentage of the population participating in
1289	various types of recycling activities instituted.
1290
1291	Reviser's note.--Amended to improve clarity and
1292	correct sentence construction.
1293
1294	Section 43. Section 406.51, Florida Statutes, is amended
1295	to read:
1296	406.51 Disposition of unclaimed deceased veterans;
1297	contract requirements.--Any contract by a local governmental
1298	entity for the disposal of unclaimed human remains must provide
1299	for compliance with s. 406.50(1)245.06(1)and require that the
1300	procedures in 38 C.F.R., relating to disposition of unclaimed
1301	deceased veterans, be followed.
1302
1303	Reviser's note.--Amended to conform to the
1304	redesignation of s. 245.06 as s. 406.50 by the reviser
1305	incident to compiling the 2002 Florida Statutes.
1306
1307	Section 44. Paragraph (b) of subsection (5) of section
1308	409.1451, Florida Statutes, is amended to read:
1309	409.1451 Independent living transition services.--
1310	(5) PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS
1311	FORMERLY IN FOSTER CARE.--Based on the availability of funds,
1312	the department shall provide or arrange for the following
1313	services to young adults formerly in foster care who meet the
1314	prescribed conditions and are determined eligible by the
1315	department. The categories of services available to assist a
1316	young adult formerly in foster care to achieve independence are:
1317	(b) Road-to-Independence Scholarship Program.--
1318	1. The Road-to-Independence Scholarship Program is
1319	intended to help eligible students who are former foster
1320	children in this state to receive the educational and vocational
1321	training needed to achieve independence. The amount of the award
1322	shall equal the earnings that the student would have been
1323	eligible to earn working a 40-hour-a-week federal minimum wage
1324	job, after considering other grants and scholarships that are in
1325	excess of the educational institutions' fees and costs, and
1326	contingent upon available funds. Students eligible for the Road-
1327	to-Independence Scholarship Program may also be eligible for
1328	educational fee waivers for workforce development postsecondary
1329	programs, community colleges, and universities, pursuant to s.
1330	1009.25(2)(c)ss. 239.117(4)(c), 240.235(5)(a), and
1331	240.35(2)(a).
1332	2. A young adult 18 to 21 years of age is eligible for the
1333	initial award, and a young adult under 23 years of age is
1334	eligible for renewal awards, if he or she:
1335	a. Is a dependent child, pursuant to chapter 39, and is
1336	living in licensed foster care or in subsidized independent
1337	living at the time of his or her 18th birthday;
1338	b. Has spent at least 6 months living in foster care
1339	before reaching his or her 18th birthday;
1340	c. Is a resident of this state as defined in s. 1009.40
1341	240.404; and
1342	d. Meets one of the following qualifications:
1343	(I) Has earned a standard high school diploma or its
1344	equivalent as described in s. 1003.43 or s. 1003.435232.246 or
1345	s. 229.814, and has been admitted for full-time enrollment in an
1346	eligible postsecondary education institution as defined in s.
1347	1009.533240.40204;
1348	(II) Is enrolled full time in an accredited high school,
1349	is within 2 years of graduation, and has maintained a grade
1350	point average of at least 2.0 on a scale of 4.0 for the two
1351	semesters preceding the date of his or her 18th birthday; or
1352	(III) Is enrolled full time in an accredited adult
1353	education program designed to provide the student with a high
1354	school diploma or its equivalent, is making satisfactory
1355	progress in that program as certified by the program, and is
1356	within 2 years of graduation.
1357	3.a. The department must advertise the availability of the
1358	program and must ensure that the children and young adults
1359	leaving foster care, foster parents, or family services
1360	counselors are informed of the availability of the program and
1361	the application procedures.
1362	b. A young adult must apply for the initial award during
1363	the 6 months immediately preceding his or her 18th birthday. A
1364	young adult who fails to make an initial application, but who
1365	otherwise meets the criteria for an initial award, may make one
1366	application for the initial award if such application is made
1367	before the young adult's 21st birthday.
1368	c. If funding for the program is available, the department
1369	shall issue awards from the scholarship program for each young
1370	adult who meets all the requirements of the program.
1371	d. An award shall be issued at the time the eligible
1372	student reaches 18 years of age.
1373	e. If the award recipient transfers from one eligible
1374	institution to another and continues to meet eligibility
1375	requirements, the award must be transferred with the recipient.
1376	f. Scholarship funds awarded to any eligible young adult
1377	under this program are in addition to any other services
1378	provided to the young adult by the department through its
1379	independent living transition services.
1380	g. The department shall provide information concerning
1381	young adults receiving the Road-to-Independence Scholarship to
1382	the Department of Education for inclusion in the student
1383	financial assistance database, as provided in s. 1009.94
1384	240.40401.
1385	h. Scholarship funds shall be terminated when the young
1386	adult has attained a bachelor of arts or bachelor of science
1387	degree, or equivalent undergraduate degree, or reaches 23 years
1388	of age, whichever occurs earlier.
1389	i. The department shall evaluate and renew each award
1390	annually during the 90-day period before the young adult's
1391	birthday. In order to be eligible for a renewal award for the
1392	subsequent year, the young adult must:
1393	(I) Complete at least 12 semester hours or the equivalent
1394	in the last academic year in which the young adult earned a
1395	scholarship, except for a young adult who meets the requirements
1396	of s. 1009.41240.4041.
1397	(II) Maintain the cumulative grade point average required
1398	by the scholarship program, except that, if the young adult's
1399	grades are insufficient to renew the scholarship at any time
1400	during the eligibility period, the young adult may restore
1401	eligibility by improving the grade point average to the required
1402	level.
1403	j. Scholarship funds may be terminated during the interim
1404	between an award and the evaluation for a renewal award if the
1405	department determines that the award recipient is no longer
1406	enrolled in an educational institution as defined in sub-
1407	subparagraph 2.d., or is no longer a state resident. The
1408	department shall notify a student who is terminated and inform
1409	the student of his or her right to appeal.
1410	k. An award recipient who does not qualify for a renewal
1411	award or who chooses not to renew the award may subsequently
1412	apply for reinstatement. An application for reinstatement must
1413	be made before the young adult reaches 23 years of age, and a
1414	student may not apply for reinstatement more than once. In order
1415	to be eligible for reinstatement, the young adult must meet the
1416	eligibility criteria and the criteria for award renewal for the
1417	scholarship program.
1418	l. A young adult receiving continued services of the
1419	foster care program under former s. 409.145(3) must transfer to
1420	the scholarship program by July 1, 2003.
1421
1422	Reviser's note.--Amended to conform to the repeal of
1423	ss. 239.117, 240.235, and 240.35 by s. 1058, ch. 2002-
1424	387, Laws of Florida, and the enactment of similar
1425	material in s. 1009.25(2)(c) by s. 404, ch. 2002-387;
1426	the repeal of s. 240.404 by s. 1058, ch. 2002-387, and
1427	the enactment of similar material in s. 1009.40 by s.
1428	413, ch. 2002-387; the repeal of ss. 232.246 and
1429	229.814 by s. 1058, ch. 2002-387, and the enactment of
1430	similar material in ss. 1003.43 and 1003.435 by ss.
1431	132 and 133, ch. 2002-387, respectively; the repeal of
1432	s. 240.40204 by s. 1058, ch. 2002-387, and the
1433	enactment of similar material in s. 1009.533 by s.
1434	425, ch. 2002-387; the repeal of s. 240.40401 by s.
1435	1058, ch. 2002-387, and the enactment of similar
1436	material in s. 1009.94 by s. 477, ch. 2002-387; and
1437	the repeal of s. 240.4041 by s. 1058, ch. 2002-387,
1438	and the enactment of similar material in s. 1009.41 by
1439	s. 414, ch. 2002-387.
1440
1441	Section 45. Paragraph (e) of subsection (2) of section
1442	409.815, Florida Statutes, is amended to read:
1443	409.815 Health benefits coverage; limitations.--
1444	(2) BENCHMARK BENEFITS.--In order for health benefits
1445	coverage to qualify for premium assistance payments for an
1446	eligible child under ss. 409.810-409.820, the health benefits
1447	coverage, except for coverage under Medicaid and Medikids, must
1448	include the following minimum benefits, as medically necessary.
1449	(e) Organ transplantation services.--Covered services
1450	include pretransplant, transplant, and postdischarge services
1451	and treatment of complications after transplantation for
1452	transplants deemed necessary and appropriate within the
1453	guidelines set by the Organ Transplant Advisory Council under s.
1454	765.53381.0602or the Bone Marrow Transplant Advisory Panel
1455	under s. 627.4236.
1456
1457	Reviser's note.--Amended to conform a cross-reference
1458	to s. 381.0602 to the transfer of that section to s.
1459	765.53 by this act.
1460
1461	Section 46. Subsections (1) and (2) of section 409.91196,
1462	Florida Statutes, are amended to read:
1463	409.91196 Supplemental rebate agreements; confidentiality
1464	of records and meetings.--
1465	(1) Trade secrets, rebate amount, percent of rebate,
1466	manufacturer's pricing, and supplemental rebates which are
1467	contained in records of the Agency for Health Care
1468	Administration and its agents with respect to supplemental
1469	rebate negotiations and which are prepared pursuant to a
1470	supplemental rebate agreement under s. 409.912(38)(a)7.
1471	409.912(37)(a)7.are confidential and exempt from s. 119.07 and
1472	s. 24(a), Art. I of the State Constitution.
1473	(2) Those portions of meetings of the Medicaid
1474	Pharmaceutical and Therapeutics Committee at which trade
1475	secrets, rebate amount, percent of rebate, manufacturer's
1476	pricing, and supplemental rebates are disclosed for discussion
1477	or negotiation of a supplemental rebate agreement under s.
1478	409.912(38)(a)7.409.912(37)(a)7.are exempt from s. 286.011 and
1479	s. 24(b), Art. I of the State Constitution.
1480
1481	Reviser's note.--Amended to conform to the addition of
1482	a new subsection (13) to s. 409.912 by s. 14, ch.
1483	2002-223, Laws of Florida, and the redesignation of
1484	existing subsections to conform.
1485
1486	Section 47. Paragraph (c) of subsection (3), paragraph (c)
1487	of subsection (19), and subsection (27) of section 409.912,
1488	Florida Statutes, are amended to read:
1489	409.912 Cost-effective purchasing of health care.--The
1490	agency shall purchase goods and services for Medicaid recipients
1491	in the most cost-effective manner consistent with the delivery
1492	of quality medical care. The agency shall maximize the use of
1493	prepaid per capita and prepaid aggregate fixed-sum basis
1494	services when appropriate and other alternative service delivery
1495	and reimbursement methodologies, including competitive bidding
1496	pursuant to s. 287.057, designed to facilitate the cost-
1497	effective purchase of a case-managed continuum of care. The
1498	agency shall also require providers to minimize the exposure of
1499	recipients to the need for acute inpatient, custodial, and other
1500	institutional care and the inappropriate or unnecessary use of
1501	high-cost services. The agency may establish prior authorization
1502	requirements for certain populations of Medicaid beneficiaries,
1503	certain drug classes, or particular drugs to prevent fraud,
1504	abuse, overuse, and possible dangerous drug interactions. The
1505	Pharmaceutical and Therapeutics Committee shall make
1506	recommendations to the agency on drugs for which prior
1507	authorization is required. The agency shall inform the
1508	Pharmaceutical and Therapeutics Committee of its decisions
1509	regarding drugs subject to prior authorization.
1510	(3) The agency may contract with:
1511	(c) A federally qualified health center or an entity owned
1512	by one or more federally qualified health centers or an entity
1513	owned by other migrant and community health centers receiving
1514	non-Medicaid financial support from the Federal Government to
1515	provide health care services on a prepaid or fixed-sum basis to
1516	recipients. Such prepaid health care services entity must be
1517	licensed under parts I and III of chapter 641, but shall be
1518	prohibited from serving Medicaid recipients on a prepaid basis,
1519	until such licensure has been obtained. However, such an entity
1520	is exempt from s. 641.225 if the entity meets the requirements
1521	specified in subsections (15) and (16)(14) and (15).
1522	(19) Any entity contracting with the agency pursuant to
1523	this section to provide health care services to Medicaid
1524	recipients is prohibited from engaging in any of the following
1525	practices or activities:
1526	(c) Granting or offering of any monetary or other valuable
1527	consideration for enrollment, except as authorized by subsection
1528	(22)(21).
1529	(27) The agency shall perform enrollments and
1530	disenrollments for Medicaid recipients who are eligible for
1531	MediPass or managed care plans. Notwithstanding the prohibition
1532	contained in paragraph (19)(f)(18)(f), managed care plans may
1533	perform preenrollments of Medicaid recipients under the
1534	supervision of the agency or its agents. For the purposes of
1535	this section, "preenrollment" means the provision of marketing
1536	and educational materials to a Medicaid recipient and assistance
1537	in completing the application forms, but shall not include
1538	actual enrollment into a managed care plan. An application for
1539	enrollment shall not be deemed complete until the agency or its
1540	agent verifies that the recipient made an informed, voluntary
1541	choice. The agency, in cooperation with the Department of
1542	Children and Family Services, may test new marketing initiatives
1543	to inform Medicaid recipients about their managed care options
1544	at selected sites. The agency shall report to the Legislature on
1545	the effectiveness of such initiatives. The agency may contract
1546	with a third party to perform managed care plan and MediPass
1547	enrollment and disenrollment services for Medicaid recipients
1548	and is authorized to adopt rules to implement such services. The
1549	agency may adjust the capitation rate only to cover the costs of
1550	a third-party enrollment and disenrollment contract, and for
1551	agency supervision and management of the managed care plan
1552	enrollment and disenrollment contract.
1553
1554	Reviser's note.--Amended to conform to the
1555	redesignation of subsections of s. 409.912 by s. 14,
1556	ch. 2002-223, Laws of Florida.
1557
1558	Section 48. Paragraphs (n), (o), and (s) of subsection (4)
1559	of section 411.01, Florida Statutes, are amended to read:
1560	411.01 Florida Partnership for School Readiness; school
1561	readiness coalitions.--
1562	(4) FLORIDA PARTNERSHIP FOR SCHOOL READINESS.--
1563	(n) The partnership shall coordinate the efforts toward
1564	school readiness in this state and provide independent policy
1565	analyses and recommendations to the Governor, the StateFlorida
1566	Board of Education, and the Legislature.
1567	(o) The partnership shall prepare and submit to the State
1568	FloridaBoard of Education a system for measuring school
1569	readiness. The system must include a uniform screening, which
1570	shall provide objective data regarding the following
1571	expectations for school readiness which shall include, at a
1572	minimum:
1573	1. The child's immunizations and other health requirements
1574	as necessary, including appropriate vision and hearing screening
1575	and examinations.
1576	2. The child's physical development.
1577	3. The child's compliance with rules, limitations, and
1578	routines.
1579	4. The child's ability to perform tasks.
1580	5. The child's interactions with adults.
1581	6. The child's interactions with peers.
1582	7. The child's ability to cope with challenges.
1583	8. The child's self-help skills.
1584	9. The child's ability to express his or her needs.
1585	10. The child's verbal communication skills.
1586	11. The child's problem-solving skills.
1587	12. The child's following of verbal directions.
1588	13. The child's demonstration of curiosity, persistence,
1589	and exploratory behavior.
1590	14. The child's interest in books and other printed
1591	materials.
1592	15. The child's paying attention to stories.
1593	16. The child's participation in art and music activities.
1594	17. The child's ability to identify colors, geometric
1595	shapes, letters of the alphabet, numbers, and spatial and
1596	temporal relationships.
1597	(s) The partnership shall submit an annual report of its
1598	activities to the Governor, the executive director of the
1599	Florida Healthy Kids Corporation, the President of the Senate,
1600	the Speaker of the House of Representatives, and the minority
1601	leaders of both houses of the Legislature. In addition, the
1602	partnership's reports and recommendations shall be made
1603	available to the StateFloridaBoard of Education, other
1604	appropriate state agencies and entities, district school boards,
1605	central agencies for child care, and county health departments.
1606	The annual report must provide an analysis of school readiness
1607	activities across the state, including the number of children
1608	who were served in the programs and the number of children who
1609	were ready for school.
1610
1611	To ensure that the system for measuring school readiness is
1612	comprehensive and appropriate statewide, as the system is
1613	developed and implemented, the partnership must consult with
1614	representatives of district school systems, providers of public
1615	and private child care, health care providers, large and small
1616	employers, experts in education for children with disabilities,
1617	and experts in child development.
1618
1619	Reviser's note.--Amended to improve clarity and
1620	facilitate correct interpretation. Section 229.004,
1621	which established the Florida Board of Education, was
1622	repealed by s. 1058, ch. 2002-387, Laws of Florida.
1623	Section 19, ch. 2002-387, established the State Board
1624	of Education.
1625
1626	Section 49. Subsection (9) of section 420.504, Florida
1627	Statutes, is repealed.
1628
1629	Reviser's note.--Repealed to delete a provision that
1630	has served its purpose. The cited subsection provides
1631	for members of the board of directors of the former
1632	Florida Housing Finance Agency in office on December
1633	31, 1997, to continue in office as directors of the
1634	Florida Housing Finance Corporation for the balance of
1635	their 4-year terms.
1636
1637	Section 50. Paragraph (b) of subsection (3) of section
1638	435.03, Florida Statutes, is amended to read:
1639	435.03 Level 1 screening standards.--
1640	(3) Standards must also ensure that the person:
1641	(b) Has not committed an act that constitutes domestic
1642	violence as defined in s. 741.28741.30.
1643
1644	Reviser's note.--Amended to correct an apparent error
1645	and facilitate correct interpretation. Section 741.30
1646	provides for injunctions against domestic violence;
1647	"domestic violence" is defined in s. 741.28.
1648
1649	Section 51. Subsections (3) and (15) of section 440.102,
1650	Florida Statutes, are amended to read:
1651	440.102 Drug-free workplace program requirements.--The
1652	following provisions apply to a drug-free workplace program
1653	implemented pursuant to law or to rules adopted by the Agency
1654	for Health Care Administration:
1655	(3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.--prior to his
1656	or her receiving workers' compensation payments.
1657	(a) One time only, prior to testing, an employer shall
1658	give all employees and job applicants for employment a written
1659	policy statement which contains:
1660	1. A general statement of the employer's policy on
1661	employee drug use, which must identify:
1662	a. The types of drug testing an employee or job applicant
1663	may be required to submit to, including reasonable-suspicion
1664	drug testing or drug testing conducted on any other basis.
1665	b. The actions the employer may take against an employee
1666	or job applicant on the basis of a positive confirmed drug test
1667	result.
1668	2. A statement advising the employee or job applicant of
1669	the existence of this section.
1670	3. A general statement concerning confidentiality.
1671	4. Procedures for employees and job applicants to
1672	confidentially report to a medical review officer the use of
1673	prescription or nonprescription medications to a medical review
1674	officer both before and after being tested.
1675	5. A list of the most common medications, by brand name or
1676	common name, as applicable, as well as by chemical name, which
1677	may alter or affect a drug test. A list of such medications as
1678	developed by the Agency for Health Care Administration shall be
1679	available to employers through the department.
1680	6. The consequences of refusing to submit to a drug test.
1681	7. A representative sampling of names, addresses, and
1682	telephone numbers of employee assistance programs and local drug
1683	rehabilitation programs.
1684	8. A statement that an employee or job applicant who
1685	receives a positive confirmed test result may contest or explain
1686	the result to the medical review officer within 5 working days
1687	after receiving written notification of the test result; that if
1688	an employee's or job applicant's explanation or challenge is
1689	unsatisfactory to the medical review officer, the medical review
1690	officer shall report a positive test result back to the
1691	employer; and that a person may contest the drug test result
1692	pursuant to law or to rules adopted by the Agency for Health
1693	Care Administration.
1694	9. A statement informing the employee or job applicant of
1695	his or her responsibility to notify the laboratory of any
1696	administrative or civil action brought pursuant to this section.
1697	10. A list of all drugs for which the employer will test,
1698	described by brand name or common name, as applicable, as well
1699	as by chemical name.
1700	11. A statement regarding any applicable collective
1701	bargaining agreement or contract and the right to appeal to the
1702	Public Employees Relations Commission or applicable court.
1703	12. A statement notifying employees and job applicants of
1704	their right to consult with a medical review officer for
1705	technical information regarding prescription or nonprescription
1706	medication.
1707	(b) An employer not having a drug-testing program shall
1708	ensure that at least 60 days elapse between a general one-time
1709	notice to all employees that a drug-testing program is being
1710	implemented and the beginning of actual drug testing. An
1711	employer having a drug-testing program in place prior to July 1,
1712	1990, is not required to provide a 60-day notice period.
1713	(c) An employer shall include notice of drug testing on
1714	vacancy announcements for positions for which drug testing is
1715	required. A notice of the employer's drug-testing policy must
1716	also be posted in an appropriate and conspicuous location on the
1717	employer's premises, and copies of the policy must be made
1718	available for inspection by the employees or job applicants of
1719	the employer during regular business hours in the employer's
1720	personnel office or other suitable locations.
1721	(15) STATE CONSTRUCTION CONTRACTS.-Each construction
1722	contractor regulated under part I of chapter 489, and each
1723	electrical contractor and alarm system contractor regulated
1724	under part II of chapter 489, who contracts to perform
1725	construction work under a state contract for educational
1726	facilities governed by chapter 1013235, for public property or
1727	publicly owned buildings governed by chapter 255, or for state
1728	correctional facilities governed by chapter 944 shall implement
1729	a drug-free workplace program under this section.
1730
1731	Reviser's note.--Subsection (3) is amended to delete
1732	language which appeared without coding after floor
1733	amendment in C.S. for H.B. 1643 (ch. 2002-194, Laws of
1734	Florida), an apparent error. Subsection (15) is
1735	amended to conform to the repeal of chapter 235 by s.
1736	1058, ch. 2002-387, Laws of Florida, and the enactment
1737	of similar material in chapter 1013 by ch. 2002-387.
1738
1739	Section 52. Paragraph (b) of subsection (3) of section
1740	440.15, Florida Statutes, is amended to read:
1741	440.15 Compensation for disability.--Compensation for
1742	disability shall be paid to the employee, subject to the limits
1743	provided in s. 440.12(2), as follows:
1744	(3) PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--
1745	(b) Supplemental benefits.--
1746	1. All supplemental benefits must be paid in accordance
1747	with this subsection. An employee is entitled to supplemental
1748	benefits as provided in this paragraph as of the expiration of
1749	the impairment period, if:
1750	a. The employee has an impairment rating from the
1751	compensable injury of 20 percent or more as determined pursuant
1752	to this chapter;
1753	b. The employee has not returned to work or has returned
1754	to work earning less than 80 percent of the employee's average
1755	weekly wage as a direct result of the employee's impairment; and
1756	c. The employee has in good faith attempted to obtain
1757	employment commensurate with the employee's ability to work.
1758	2. If an employee is not entitled to supplemental benefits
1759	at the time of payment of the final weekly impairment income
1760	benefit because the employee is earning at least 80 percent of
1761	the employee's average weekly wage, the employee may become
1762	entitled to supplemental benefits at any time within 1 year
1763	after the impairment income benefit period ends if:
1764	a. The employee earns wages that are less than 80 percent
1765	of the employee's average weekly wage for a period of at least
1766	90 days;
1767	b. The employee meets the other requirements of
1768	subparagraph 1.; and
1769	c. The employee's decrease in earnings is a direct result
1770	of the employee's impairment from the compensable injury.
1771	3. If an employee earns wages that are at least 80 percent
1772	of the employee's average weekly wage for a period of at least
1773	90 days during which the employee is receiving supplemental
1774	benefits, the employee ceases to be entitled to supplemental
1775	benefits for the filing period. Supplemental benefits that have
1776	been terminated shall be reinstated when the employee satisfies
1777	the conditions enumerated in subparagraph 2. and files the
1778	statement required under subparagraph 45. Notwithstanding any
1779	other provision, if an employee is not entitled to supplemental
1780	benefits for 12 consecutive months, the employee ceases to be
1781	entitled to any additional income benefits for the compensable
1782	injury. If the employee is discharged within 12 months after
1783	losing entitlement under this subsection, benefits may be
1784	reinstated if the employee was discharged at that time with the
1785	intent to deprive the employee of supplemental benefits.
1786	4. After the initial determination of supplemental
1787	benefits, the employee must file a statement with the carrier
1788	stating that the employee has earned less than 80 percent of the
1789	employee's average weekly wage as a direct result of the
1790	employee's impairment, stating the amount of wages the employee
1791	earned in the filing period, and stating that the employee has
1792	in good faith sought employment commensurate with the employee's
1793	ability to work. The statement must be filed quarterly on a form
1794	and in the manner prescribed by the department. The department
1795	may modify the filing period as appropriate to an individual
1796	case. Failure to file a statement relieves the carrier of
1797	liability for supplemental benefits for the period during which
1798	a statement is not filed.
1799	5. The carrier shall begin payment of supplemental
1800	benefits not later than the seventh day after the expiration
1801	date of the impairment income benefit period and shall continue
1802	to timely pay those benefits. The carrier may request a
1803	mediation conference for the purpose of contesting the
1804	employee's entitlement to or the amount of supplemental income
1805	benefits.
1806	6. Supplemental benefits are calculated quarterly and paid
1807	monthly. For purposes of calculating supplemental benefits, 80
1808	percent of the employee's average weekly wage and the average
1809	wages the employee has earned per week are compared quarterly.
1810	For purposes of this paragraph, if the employee is offered a
1811	bona fide position of employment that the employee is capable of
1812	performing, given the physical condition of the employee and the
1813	geographic accessibility of the position, the employee's weekly
1814	wages are considered equivalent to the weekly wages for the
1815	position offered to the employee.
1816	7. Supplemental benefits are payable at the rate of 80
1817	percent of the difference between 80 percent of the employee's
1818	average weekly wage determined pursuant to s. 440.14 and the
1819	weekly wages the employee has earned during the reporting
1820	period, not to exceed the maximum weekly income benefit under s.
1821	440.12.
1822	8. The department may by rule define terms that are
1823	necessary for the administration of this section and forms and
1824	procedures governing the method of payment of supplemental
1825	benefits for dates of accidents before January 1, 1994, and for
1826	dates of accidents on or after January 1, 1994.
1827
1828	Reviser's note.--Amended to conform to the deletion of
1829	former subparagraph(3)(b)4. by s. 28, ch. 2002-194,
1830	Laws of Florida, and the redesignation of the
1831	remaining subparagraphs to conform.
1832
1833	Section 53. Subsection (6) of section 440.20, Florida
1834	Statutes, is reenacted to read:
1835	440.20 Time for payment of compensation; penalties for
1836	late payment.--
1837	(6) If any installment of compensation for death or
1838	dependency benefits, disability, permanent impairment, or wage
1839	loss payable without an award is not paid within 7 days after it
1840	becomes due, as provided in subsection (2), subsection (3), or
1841	subsection (4), there shall be added to such unpaid installment
1842	a punitive penalty of an amount equal to 20 percent of the
1843	unpaid installment or $5, which shall be paid at the same time
1844	as, but in addition to, such installment of compensation, unless
1845	notice is filed under subsection (4) or unless such nonpayment
1846	results from conditions over which the employer or carrier had
1847	no control. When any installment of compensation payable without
1848	an award has not been paid within 7 days after it became due and
1849	the claimant concludes the prosecution of the claim before a
1850	judge of compensation claims without having specifically claimed
1851	additional compensation in the nature of a penalty under this
1852	section, the claimant will be deemed to have acknowledged that,
1853	owing to conditions over which the employer or carrier had no
1854	control, such installment could not be paid within the period
1855	prescribed for payment and to have waived the right to claim
1856	such penalty. However, during the course of a hearing, the judge
1857	of compensation claims shall on her or his own motion raise the
1858	question of whether such penalty should be awarded or excused.
1859	The department may assess without a hearing the punitive penalty
1860	against either the employer or the insurance carrier, depending
1861	upon who was at fault in causing the delay. The insurance policy
1862	cannot provide that this sum will be paid by the carrier if the
1863	department or the judge of compensation claims determines that
1864	the punitive penalty should be made by the employer rather than
1865	the carrier. Any additional installment of compensation paid by
1866	the carrier pursuant to this section shall be paid directly to
1867	the employee by check or, if authorized by the employee, by
1868	direct deposit into the employee's account at a financial
1869	institution. As used in this subsection, the term "financial
1870	institution" means a financial institution as defined in s.
1871	655.005(1)(h).
1872
1873	Reviser's note.--Reenacted to confirm legislative
1874	intent to incorporate amendments by s. 17, ch. 2001-
1875	91, Laws of Florida, and s. 33, ch. 2002-194, Laws of
1876	Florida. The amendment to subsection (6) by s. 33, ch.
1877	2002-194, failed to incorporate the changes by s. 17,
1878	ch. 2001-91. The subsection, as published here, gives
1879	full effect to both amendments.
1880
1881	Section 54. Paragraph (a) of subsection (1) of section
1882	445.0121, Florida Statutes, is amended to read:
1883	445.0121 Student eligibility requirements for initial
1884	awards.--
1885	(1) To be eligible for an initial award for lower-division
1886	college credit courses that lead to a baccalaureate degree, as
1887	defined in s. 445.0122(5), a student must:
1888	(a)1. Have been a resident of this state for no less than
1889	3 years for purposes other than to obtain an education; or
1890	2. Have received a standard Florida high school diploma,
1891	as provided in s. 1003.43, or its equivalent, as described in s.
1892	1003.435229.814, unless:
1893	a. The student is enrolled full-time in the early-
1894	admission program of an eligible postsecondary education
1895	institution or completes a home education program in accordance
1896	with s. 1002.41; or
1897	b. The student earns a high school diploma from a non-
1898	Florida school while living with a parent or guardian who is on
1899	military or public service assignment outside this state.
1900
1901	Reviser's note.--Amended to conform to the repeal of
1902	s. 229.814 by s. 1058, ch. 2002-387, Laws of Florida,
1903	and the enactment of similar material in s. 1003.435
1904	by s. 133, ch. 2002-387.
1905
1906	Section 55. Paragraph (e) of subsection (2) of section
1907	467.0125, Florida Statutes, is amended to read:
1908	467.0125 Licensure by endorsement.--
1909	(2) The department may issue a temporary certificate to
1910	practice in areas of critical need to any midwife who is
1911	qualifying for licensure by endorsement under subsection (1),
1912	with the following restrictions:
1913	(e) The department shall review the practice under a
1914	temporary certificate at least annually to ascertain that the
1915	minimum requirements of the midwifery rules promulgated under
1916	this chapter are being met. If itisis determined that the
1917	minimum requirements are not being met, the department shall
1918	immediately revoke the temporary certificate.
1919
1920	Reviser's note.--Amended to correct an apparent error
1921	and facilitate correct interpretation.
1922
1923	Section 56. Subsection (18) of section 470.002, Florida
1924	Statutes, is amended to read:
1925	470.002 Definitions.--As used in this chapter:
1926	(18) "Legally authorized person" means, in the priority
1927	listed, the decedent, when written inter vivos authorizations
1928	and directions are provided by the decedent, the surviving
1929	spouse, unless the spouse has been arrested for committing
1930	against the deceased an act of domestic violence as defined in
1931	s. 741.28, a son or daughter who is 18 years of age or older, a
1932	parent, a brother or sister 18 years of age or over, a
1933	grandchild who is 18 years of age or older, or a grandparent; or
1934	any person in the next degree of kinship. In addition, the term
1935	may include, if no family exists or is available, the following:
1936	the guardian of the dead person at the time of death; the
1937	personal representative of the deceased; the attorney in fact of
1938	the dead person at the time of death; the health surrogate of
1939	the dead person at the time of death; a public health officer;
1940	the medical examiner, county commission or administrator acting
1941	under part II of chapter 406245, or other public administrator;
1942	a representative of a nursing home or other health care
1943	institution in charge of final disposition; or a friend or other
1944	person not listed in this subsection who is willing to assume
1945	the responsibility as authorized person.
1946
1947	Reviser's note.--Amended to conform to the
1948	redesignation of chapter 245 as part II of chapter 406
1949	by the reviser incident to compiling the 2002 Florida
1950	Statutes.
1951
1952	Section 57. Paragraph (c) of subsection (2) of section
1953	470.019, Florida Statutes, is amended to read:
1954	470.019 Disciplinary actions against direct disposers and
1955	direct disposal establishments.--
1956	(2) The following shall be sufficient grounds for the
1957	penalties imposed under subsection (1):
1958	(c) Having been disciplined by a regulatory agency in any
1959	jurisdiction for any offense that would constitute a violation
1960	of this chapter, chapter 245,chapter 382, chapter 406, chapter
1961	497, or chapter 872 or that directly relates to the practice of
1962	direct disposition.
1963
1964	Reviser's note.--Amended to conform to the
1965	redesignation of chapter 245 as part II of chapter 406
1966	by the reviser incident to compiling the 2002 Florida
1967	Statutes.
1968
1969	Section 58. Paragraph (x) of subsection (1) of section
1970	470.036, Florida Statutes, is amended to read:
1971	470.036 Disciplinary proceedings.--
1972	(1) The following acts constitute grounds for which the
1973	disciplinary actions in subsection (2) may be taken:
1974	(x) Having been disciplined by a regulatory agency in any
1975	jurisdiction for any offense that would constitute a violation
1976	of this chapter, chapter 245,chapter 382, chapter 406, chapter
1977	497, or chapter 872 or that directly relates to the ability to
1978	practice under this chapter.
1979
1980	Reviser's note.--Amended to conform to the
1981	redesignation of chapter 245 as part II of chapter 406
1982	by the reviser incident to compiling the 2002 Florida
1983	Statutes.
1984
1985	Section 59. Section 489.510, Florida Statutes, is amended
1986	to read:
1987	489.510 Evidence of workers' compensation
1988	coverage.--Except as provided in s. 489.515(3)(b), any person,
1989	business organization, or qualifying agent engaged in the
1990	business of contracting in this state and certified or
1991	registered under this part shall, as a condition precedent to
1992	the issuance or renewal of a certificate or registration of the
1993	contractor, provide to the Electrical Contractors' Licensing
1994	Board, as provided by board rule, evidence of workers'
1995	compensation coverage pursuant to chapter 440. In the event
1996	that the Division of Workers' Compensation of the Department of
1997	Labor and Employment Security receives notice of the
1998	cancellation of a policy of workers' compensation insurance
1999	insuring a person or entity governed by this section, the
2000	Division of Workers' Compensation shall certify and identify all
2001	persons or entities by certification or registration license
2002	number to the department after verification is made by the
2003	Division of Workers' Compensation that persons or entities
2004	governed by this section are no longer covered by workers'
2005	compensation insurance. Such certification and verification by
2006	the Division of Workers' Compensation may shallresult from
2007	records furnished to the Division of Workers' Compensation by
2008	the persons or entities governed by this section or an
2009	investigation completed by the Division of Workers'
2010	Compensation. The department shall notify the persons or
2011	entities governed by this section who have been determined to be
2012	in noncompliance with chapter 440, and the persons or entities
2013	notified shall provide certification of compliance with chapter
2014	440 to the department and pay an administrative fine in the
2015	amount of $500. The failure to maintain workers' compensation
2016	coverage as required by law shall be grounds for the board to
2017	revoke, suspend, or deny the issuance or renewal of a
2018	certificate or registration of the contractor under the
2019	provisions of s. 489.533.
2020
2021	Reviser's note.--Amended to correct an apparent coding
2022	error and facilitate correct interpretation. The
2023	amendment by s. 18, ch. 2002-236, Laws of Florida,
2024	inserted the word "may" and inadvertently failed to
2025	delete the word "shall."
2026
2027	Section 60. Subsection (8) of section 496.404, Florida
2028	Statutes, is amended to read:
2029	496.404 Definitions.--As used in ss. 496.401-496.424:
2030	(8) "Educational institutions" means those institutions
2031	and organizations described in s. 212.08(7)(cc)8.a. The term
2032	includes private nonprofit organizations, the purpose of which
2033	is to raise funds for schools teaching grades kindergarten
2034	through grade 12, colleges, and universities, including any
2035	nonprofit newspaper of free or paid circulation primarily on
2036	university or college campuses which holds a current exemption
2037	from federal income tax under s. 501(c)(3) of the Internal
2038	Revenue Code, any educational television or radio network or
2039	system established pursuant to s. 1001.25229.805 or s. 1001.26
2040	229.8051, and any nonprofit television or radio station that is
2041	a part of such network or system and that holds a current
2042	exemption from federal income tax under s. 501(c)(3) of the
2043	Internal Revenue Code. The term also includes a nonprofit
2044	educational cable consortium that holds a current exemption from
2045	federal income tax under s. 501(c)(3) of the Internal Revenue
2046	Code, whose primary purpose is the delivery of educational and
2047	instructional cable television programming and whose members are
2048	composed exclusively of educational organizations that hold a
2049	valid consumer certificate of exemption and that are either an
2050	educational institution as defined in this subsection or
2051	qualified as a nonprofit organization pursuant to s. 501(c)(3)
2052	of the Internal Revenue Code.
2053
2054	Reviser's note.--Amended to conform to the repeal of
2055	ss. 229.805 and 229.8051 by s. 1058, ch. 2002-387,
2056	Laws of Florida, and the enactment of similar material
2057	in ss. 1001.25 and 1001.26 by ss. 31 and 32, ch. 2002-
2058	387, respectively.
2059
2060	Section 61. Subsection (1) of section 499.033, Florida
2061	Statutes, is amended to read:
2062	499.033 Ephedrine; prescription required.--Ephedrine is
2063	declared to be a prescription drug.
2064	(1) Except as provided in this subsection (2), any product
2065	that contains any quantity of ephedrine, a salt of ephedrine, an
2066	optical isomer of ephedrine, or a salt of an optical isomer of
2067	ephedrine may be dispensed only upon the prescription of a duly
2068	licensed practitioner authorized by the laws of the state to
2069	prescribe medicinal drugs.
2070
2071	Reviser's note.--Amended to conform a cross-reference
2072	to context. Subsection (1) does not provide exceptions
2073	to the requirement of a prescription for dispensing of
2074	ephedrine; subsection (2) provides exemptions from the
2075	subsection (1) requirement.
2076
2077	Section 62. Subsection (2) of section 499.051, Florida
2078	Statutes, is amended to read:
2079	499.051 Inspections and investigations.--
2080	(2) In addition to the authority set forth in subsection
2081	(1), the department and any duly designated officer or employee
2082	of the department may enter and inspect any other establishment
2083	for the purpose of determining compliance with ss. 499.001-
2084	499.081 and rules adopted under those sections regarding any
2085	drug, device, or cosmetic product. The authority to enter and
2086	inspect does not extend to the practice of the profession of
2087	pharmacy, as defined in chapter 465 and the rules adopted under
2088	that chapter, in a pharmacy permitted under chapter 465. The
2089	Department of Business and Professional Regulation shall conduct
2090	routine inspections of retail pharmacy wholesalers at the time
2091	of the regular pharmacy permit inspection and shall send the
2092	inspection report regarding drug wholesale activity to the
2093	Department of Health.
2094
2095	Reviser's note.--Amended to reflect that the
2096	Department of Business and Professional Regulation no
2097	longer enforces chapters 465 and 499. The Department
2098	of Health is now responsible for enforcement of those
2099	chapters.
2100
2101	Section 63. Subsection (3) of section 501.608, Florida
2102	Statutes, is amended to read:
2103	501.608 License or affidavit of exemption; occupational
2104	license.--
2105	(3) Failure to display a license or a copy of the
2106	affidavit of exemption is sufficient grounds for the department
2107	to issue an immediate cease and desist order, which shall act as
2108	an immediate final order under s. 120.569(2)(n). The order may
2109	shallremain in effect until the commercial telephone seller or
2110	a person claiming to be exempt shows the authorities that he or
2111	she is licensed or exempt. The department may order the
2112	business to cease operations and shall order the phones to be
2113	shut off. Failure of a salesperson to display a license may
2114	result in the salesperson being summarily ordered by the
2115	department to leave the office until he or she can produce a
2116	license for the department.
2117
2118	Reviser's note.--Amended to conform to the addition of
2119	the word "may" preceding the word "shall" by s. 2, ch.
2120	93-235, Laws of Florida, and to improve clarity.
2121
2122	Section 64. Subsection (6) of section 507.05, Florida
2123	Statutes, is amended to read:
2124	507.05 Estimates and contracts for service.--Prior to
2125	providing any moving or accessorial services, a contract and
2126	estimate must be provided to a prospective shipper in writing,
2127	must be signed and dated by the shipper and the mover, and must
2128	include:
2129	(6) Acceptable forms of payment. A mover shall accept a
2130	minimum of two of the three following forms of payment:
2131	(a) Cash, cashier's check, money order, or traveler's
2132	check;
2133	(b) Valid personal check, showing upon its face the name
2134	and address of the shipper or authorized representative; or
2135	(c) Valid credit card, which shall include, but not be
2136	limited to, Visa or MasterCard.
2137
2138	A mover shall clearly and conspicuously disclose to the shipper
2139	in the estimate and contract for services the forms of payments
2140	the mover itwill accept from those categories described in
2141	paragraphs(a)-(c).
2142
2143	Reviser's note.--Amended to improve clarity and
2144	sentence construction.
2145
2146	Section 65. Subsection (20) of section 517.12, Florida
2147	Statutes, is amended to read:
2148	517.12 Registration of dealers, associated persons,
2149	investment advisers, and branch offices.--
2150	(20) The registration requirements of this section do not
2151	apply to individuals licensed under s. 626.015(7)626.041 or its
2152	successor statute, or (12)s. 626.051 or its successor statute,
2153	for the sale of a security as defined in s. 517.021(19)(g), if
2154	the individual is directly authorized by the issuer to offer or
2155	sell the security on behalf of the issuer and the issuer is a
2156	federally chartered savings bank subject to regulation by the
2157	Federal Deposit Insurance Corporation. Actions under this
2158	subsection shall constitute activity under the insurance agent's
2159	license for purposes of ss. 626.611 and 626.621.
2160
2161	Reviser's note.--Amended to replace references to s.
2162	626.041 or s. 626.051, which were repealed by s. 72,
2163	ch. 2002-206, Laws of Florida, with references to s.
2164	626.015(7) or (12), respectively, the replacement
2165	provisions for ss. 626.041 and 626.051.
2166
2167	Section 66. Paragraph (b) of subsection (1) and paragraph
2168	(e) of subsection (8) of section 553.73, Florida Statutes, are
2169	amended to read:
2170	553.73 Florida Building Code.--
2171	(1)
2172	(b) The technical portions of the Florida Accessibility
2173	Code for Building Construction shall be contained in their
2174	entirety in the Florida Building Code. The civil rights
2175	portions and the technical portions of the accessibility laws of
2176	this state shall remain as currently provided by law. Any
2177	revision or amendments to the Florida Accessibility Code for
2178	Building Construction pursuant to part IIVshall be considered
2179	adopted by the commission as part of the Florida Building Code.
2180	Neither the commission nor any local government shall revise or
2181	amend any standard of the Florida Accessibility Code for
2182	Building Construction except as provided for in part IIV.
2183	(8) The following buildings, structures, and facilities
2184	are exempt from the Florida Building Code as provided by law,
2185	and any further exemptions shall be as determined by the
2186	Legislature and provided by law:
2187	(e) Mobile or modular structures used as temporary
2188	offices, except that the provisions of part IIVrelating to
2189	accessibility by persons with disabilities shall apply to such
2190	mobile or modular structures.
2191
2192	With the exception of paragraphs (a), (b), (c), and (f), in
2193	order to preserve the health, safety, and welfare of the public,
2194	the Florida Building Commission may, by rule adopted pursuant to
2195	chapter 120, provide for exceptions to the broad categories of
2196	buildings exempted in this section, including exceptions for
2197	application of specific sections of the code or standards
2198	adopted therein. The Department of Agriculture and Consumer
2199	Services shall have exclusive authority to adopt by rule,
2200	pursuant to chapter 120, exceptions to nonresidential farm
2201	buildings exempted in paragraph (c) when reasonably necessary to
2202	preserve public health, safety, and welfare. The exceptions must
2203	be based upon specific criteria, such as under-roof floor area,
2204	aggregate electrical service capacity, HVAC system capacity, or
2205	other building requirements. Further, the commission may
2206	recommend to the Legislature additional categories of buildings,
2207	structures, or facilities which should be exempted from the
2208	Florida Building Code, to be provided by law.
2209
2210	Reviser's note.--Amended to conform to the repeal of
2211	the provisions comprising former parts I-III by s. 68,
2212	ch. 98-287, Laws of Florida, as amended by s. 108, ch.
2213	2000-141, Laws of Florida, as amended by s. 39, ch.
2214	2001-186, Laws of Florida, and as amended by s. 8, ch.
2215	2001-372, Laws of Florida.
2216
2217	Section 67. Subsection (4) of section 562.11, Florida
2218	Statutes, is amended to read:
2219	562.11 Selling, giving, or serving alcoholic beverages to
2220	person under age 21; misrepresenting or misstating age or age of
2221	another to induce licensee to serve alcoholic beverages to
2222	person under 21; penalties.--
2223	(4) This section does not apply to a person who gives,
2224	serves, or permits to be served an alcoholic beverage to a
2225	student who is at least 18 years of age, if the alcoholic
2226	beverage is delivered as part of the student's required
2227	curriculum at a postsecondary educational institution that is
2228	institutionally accredited by an agency recognized by the United
2229	States Department of Education and is licensed or exempt from
2230	licensure pursuant to the provisions of chapter 1005246or that
2231	is a public postsecondary education institution; if the student
2232	is enrolled in the college and is required to taste alcoholic
2233	beverages that are provided only for instructional purposes
2234	during classes conducted under the supervision of authorized
2235	instructional personnel pursuant to such a curriculum; if the
2236	alcoholic beverages are never offered for consumption or imbibed
2237	by such a student and at all times remain in the possession and
2238	control of such instructional personnel, who must be 21 years of
2239	age or older; and if each participating student executes a
2240	waiver and consent in favor of the state and indemnifies the
2241	state and holds it harmless.
2242
2243	Reviser's note.--Amended to conform to the repeal of
2244	the sections comprising chapter 246 by s. 1058, ch.
2245	2002-387, Laws of Florida, and the enactment of
2246	similar material in chapter 1005 by ch. 2002-387.
2247
2248	Section 68. Subsection (2) of section 562.111, Florida
2249	Statutes, is amended to read:
2250	562.111 Possession of alcoholic beverages by persons under
2251	age 21 prohibited.--
2252	(2) The prohibition in this section against the possession
2253	of alcoholic beverages does not apply to the tasting of
2254	alcoholic beverages by a student who is at least 18 years of
2255	age, who is tasting the alcoholic beverages as part of the
2256	student's required curriculum at a postsecondary educational
2257	institution that is institutionally accredited by an agency
2258	recognized by the United States Department of Education and that
2259	is licensed or exempt from licensure pursuant to the provisions
2260	of chapter 1005246or is a public postsecondary education
2261	institution; if the student is enrolled in the college and is
2262	tasting the alcoholic beverages only for instructional purposes
2263	during classes that are part of such a curriculum; if the
2264	student is allowed only to taste, but not consume or imbibe, the
2265	alcoholic beverages; and if the alcoholic beverages at all times
2266	remain in the possession and control of authorized instructional
2267	personnel of the college who are 21 years of age or older.
2268
2269	Reviser's note.--Amended to conform to the repeal of
2270	the sections comprising chapter 246 by s. 1058, ch.
2271	2002-387, Laws of Florida, and the enactment of
2272	similar material in chapter 1005 by ch. 2002-387.
2273
2274	Section 69. Section 624.04, Florida Statutes, is amended
2275	to read:
2276	624.04 "Person" defined.--"Person" includes an individual,
2277	insurer, company, association, organization, Lloyds, society,
2278	reciprocal insurer or interinsurance exchange, partnership,
2279	syndicate, business trust, corporation, agent, general agent,
2280	broker, solicitor,service representative, adjuster, and every
2281	legal entity.
2282
2283	Reviser's note.--Amended to delete a reference to
2284	"solicitor" to conform to the repeal of s. 626.071,
2285	which defined "solicitor," by s. 72, ch. 2002-206,
2286	Laws of Florida.
2287
2288	Section 70. Subsection (2) of section 624.303, Florida
2289	Statutes, is amended to read:
2290	624.303 Seal; certified copies as evidence.--
2291	(2) All certificates executed by the department, other
2292	than licenses of agents, solicitors,or adjusters or similar
2293	licenses or permits, shall bear its seal.
2294
2295	Reviser's note.--Amended to delete a reference to
2296	"solicitors" to conform to the repeal of s. 626.071,
2297	which defined "solicitor," by s. 72, ch. 2002-206,
2298	Laws of Florida.
2299
2300	Section 71. Paragraph (a) of subsection (2) of section
2301	624.313, Florida Statutes, is amended to read:
2302	624.313 Publications.--
2303	(2) The department may prepare and have printed and
2304	published in pamphlet or book form the following:
2305	(a) As needed, questions and answers for the use of
2306	persons applying for an examination for licensing as agents or
2307	solicitorsfor property, casualty, surety, health, and
2308	miscellaneous insurers.
2309
2310	Reviser's note.--Amended to delete a reference to
2311	"solicitors" to conform to the repeal of s. 626.071,
2312	which defined "solicitor," by s. 72, ch. 2002-206,
2313	Laws of Florida.
2314
2315	Section 72. Subsection (2) of section 624.317, Florida
2316	Statutes, is amended to read:
2317	624.317 Investigation of agents, adjusters,
2318	administrators, service companies, and others.--If it has reason
2319	to believe that any person has violated or is violating any
2320	provision of this code, or upon the written complaint signed by
2321	any interested person indicating that any such violation may
2322	exist, the department shall conduct such investigation as it
2323	deems necessary of the accounts, records, documents, and
2324	transactions pertaining to or affecting the insurance affairs of
2325	any:
2326	(2) Insurance agent or, customer representative, or
2327	solicitor, subject to the requirements of s. 626.601.
2328
2329	Reviser's note.--Amended to delete a reference to
2330	"solicitor" to conform to the repeal of s. 626.071,
2331	which defined "solicitor," by s. 72, ch. 2002-206,
2332	Laws of Florida.
2333
2334	Section 73. Paragraph (b) of subsection (6) and paragraph
2335	(c) of subsection (19) of section 624.501, Florida Statutes, are
2336	amended to read:
2337	624.501 Filing, license, appointment, and miscellaneous
2338	fees.--The department shall collect in advance, and persons so
2339	served shall pay to it in advance, fees, licenses, and
2340	miscellaneous charges as follows:
2341	(6) Insurance representatives, property, marine, casualty,
2342	and surety insurance.
2343	(b) Solicitor's orCustomer representative's original
2344	appointment and biennial renewal or continuation thereof:
2345	Appointment fee................................$42.00
2346	State tax.......................................12.00
2347	County tax.......................................6.00
2348	Total...................................................$60.00
2349	(19) Miscellaneous services:
2350	(c) For preparing lists of agents, solicitors,adjusters,
2351	and other insurance representatives, and for other miscellaneous
2352	services, such reasonable charge as may be fixed by the
2353	department.
2354
2355	Reviser's note.--Amended to delete references to
2356	"[s]olicitor's" and "solicitors" to conform to the
2357	repeal of s. 626.071, which defined "solicitor," by s.
2358	72, ch. 2002-206, Laws of Florida.
2359
2360	Section 74. Section 624.504, Florida Statutes, is amended
2361	to read:
2362	624.504 Liability for state, county tax.--
2363	(1)Each authorized insurer that uses insurance agents in
2364	this state shall be liable for and shall pay the state and
2365	county taxes required therefor under s. 624.501 or s. 624.505.
2366	(2) Each insurance agent in this state that uses
2367	solicitors shall be liable for and shall pay the state and
2368	county taxes required therefor under s. 624.501.
2369
2370	Reviser's note.--Amended to delete a provision
2371	relating to solicitors to conform to the repeal of s.
2372	626.071, which defined "solicitor," by s. 72, ch.
2373	2002-206, Laws of Florida.
2374
2375	Section 75. Subsection (1) of section 624.521, Florida
2376	Statutes, is amended to read:
2377	624.521 Deposit of certain tax receipts; refund of
2378	improper payments.--
2379	(1) The Department of Insurance shall promptly deposit in
2380	the State Treasury to the credit of the Insurance Commissioner's
2381	Regulatory Trust Fund all "state tax" portions of agents' and
2382	solicitors'licenses collected under s. 624.501 necessary to
2383	fund the Division of Insurance Fraud. The balance of the tax
2384	shall be credited to the General Fund. All moneys received by
2385	the Department of Insurance not in accordance with the
2386	provisions of this code or not in the exact amount as specified
2387	by the applicable provisions of this code shall be returned to
2388	the remitter. The records of the department shall show the date
2389	and reason for such return.
2390
2391	Reviser's note.--Amended to delete a reference to
2392	"solicitors'" to conform to the repeal of s. 626.071,
2393	which defined "solicitor," by s. 72, ch. 2002-206,
2394	Laws of Florida.
2395
2396	Section 76. Paragraph (l) of subsection (1) of section
2397	624.523, Florida Statutes, is amended to read:
2398	624.523 Insurance Commissioner's Regulatory Trust Fund.--
2399	(1) There is created in the State Treasury a trust fund
2400	designated "Insurance Commissioner's Regulatory Trust Fund" to
2401	which shall be credited all payments received on account of the
2402	following items:
2403	(l) All sums received under s. 648.27 (bail bond agent,
2404	limited surety agent, continuation fee), the "appointment fee"
2405	portion of any license or permit provided for under s. 648.31,
2406	and the application fees provided for under s.ss. 648.34(3) and
2407	648.37(3).
2408
2409	Reviser's note.--Amended to conform to the repeal of
2410	s. 648.37 by s. 31, ch. 2002-260, Laws of Florida.
2411
2412	Section 77. Subsection (1) of section 626.022, Florida
2413	Statutes, is amended to read:
2414	626.022 Scope of part. --
2415	(1) This part applies as to insurance agents, solicitors,
2416	service representatives, adjusters, and insurance agencies; as
2417	to any and all kinds of insurance; and as to stock insurers,
2418	mutual insurers, reciprocal insurers, and all other types of
2419	insurers, except that:
2420	(a) It does not apply as to reinsurance, except that ss.
2421	626.011-626.031, ss. 626.102-626.181, ss. 626.191-626.211, ss.
2422	626.291-626.301, s. 626.331, ss. 626.342-626.521, ss. 626.541-
2423	626.591, and ss. 626.601-626.711 shall apply as to reinsurance
2424	intermediaries as defined in s. 626.7492.
2425	(b) The applicability of this chapter as to fraternal
2426	benefit societies shall be as provided in chapter 632.
2427	(c) It does not apply to a bail bond agent, as defined in
2428	s. 648.25, except as provided in chapter 648 or chapter 903.
2429	(d) This part does not apply to a certified public
2430	accountant licensed under chapter 473 who is acting within the
2431	scope of the practice of public accounting, as defined in s.
2432	473.302, provided that the activities of the certified public
2433	accountant are limited to advising a client of the necessity of
2434	obtaining insurance, the amount of insurance needed, or the line
2435	of coverage needed, and provided that the certified public
2436	accountant does not directly or indirectly receive or share in
2437	any commission or, referral fee, or solicitor's fee.
2438
2439	Reviser's note.--Amended to delete references to
2440	"solicitors" and to "solicitor's fee" to conform to
2441	the repeal of s. 626.071, which defined "solicitor,"
2442	by s. 72, ch. 2002-206, Laws of Florida.
2443
2444	Section 78. Paragraph (a) of subsection (7) of section
2445	626.112, Florida Statutes, is amended to read:
2446	626.112 License and appointment required; agents, customer
2447	representatives, adjusters, insurance agencies, service
2448	representatives, managing general agents.--
2449	(7)(a) No individual, firm, partnership, corporation,
2450	association, or any other entity shall act in its own name or
2451	under a trade name, directly or indirectly, as an insurance
2452	agency, when required to be licensed by this subsection, unless
2453	it complies with s. 626.172 with respect to possessing an
2454	insurance agency license for each place of business at which it
2455	engages in any activity which may be performed only by a
2456	licensed insurance agent or solicitor.
2457
2458	Reviser's note.--Amended to delete one remaining
2459	reference to "solicitor" to conform to the deletion of
2460	references to solicitors from other portions of s.
2461	626.112 by ss. 8 and 48, ch. 2002-206, Laws of
2462	Florida, and to conform to the repeal of s. 626.071,
2463	which defined "solicitor," by s. 72, ch. 2002-206.
2464
2465	Section 79. Section 626.266, Florida Statutes, is amended
2466	to read:
2467	626.266 Printing of examinations or related materials to
2468	preserve examination security.--A contract let for the
2469	development, administration, or grading of examinations or
2470	related materials by the Department of Insurance pursuant to the
2471	various agent, customer representative, solicitor,or adjuster
2472	licensing and examination provisions of this code may include
2473	the printing or furnishing of these examinations or related
2474	materials in order to preserve security. Any such contract shall
2475	be let as a contract for a contractual service pursuant to s.
2476	287.057.
2477
2478	Reviser's note.--Amended to delete a reference to
2479	"solicitor" to conform to the repeal of s. 626.071,
2480	which defined "solicitor," by s. 72, ch. 2002-206,
2481	Laws of Florida.
2482
2483	Section 80. Paragraphs (a) and (e) of subsection (1) of
2484	section 626.321, Florida Statutes, are amended to read:
2485	626.321 Limited licenses.--
2486	(1) The department shall issue to a qualified individual,
2487	or a qualified individual or entity under paragraphs (c), (d),
2488	(e), and (i), a license as agent authorized to transact a
2489	limited class of business in any of the following categories:
2490	(a) Motor vehicle physical damage and mechanical breakdown
2491	insurance.-License covering insurance against only the loss of
2492	or damage to any motor vehicle which is designed for use upon a
2493	highway, including trailers and semitrailers designed for use
2494	with such vehicles. Such license also covers insurance against
2495	the failure of an original or replacement part to perform any
2496	function for which it was designed. The applicant for such a
2497	license shall pass a written examination covering motor vehicle
2498	physical damage insurance and mechanical breakdown insurance.
2499	No individual while so licensed shall hold a license as an agent
2500	or solicitoras to any other or additional kind or class of
2501	insurance coverage except as to a limited license for credit
2502	life and disability insurances as provided in paragraph(e).
2503	(e) Credit life or disability insurance.--License covering
2504	only credit life or disability insurance. The license may be
2505	issued only to an individual employed by a life or health
2506	insurer as an officer or other salaried or commissioned
2507	representative, to an individual employed by or associated with
2508	a lending or financial institution or creditor, or to a lending
2509	or financial institution or creditor, and may authorize the sale
2510	of such insurance only with respect to borrowers or debtors of
2511	such lending or financing institution or creditor. However,
2512	only the individual or entity whose tax identification number is
2513	used in receiving or is credited with receiving the commission
2514	from the sale of such insurance shall be the licensed agent of
2515	the insurer. No individual while so licensed shall hold a
2516	license as an agent or solicitoras to any other or additional
2517	kind or class of life or health insurance coverage. An entity
2518	holding a limited license under this paragraph is also
2519	authorized to sell credit insurance and credit property
2520	insurance. An entity applying for a license under this section:
2521	1. Is required to submit only one application for a
2522	license under s. 626.171. The requirements of s. 626.171(5)
2523	shall only apply to the officers and directors of the entity
2524	submitting the application.
2525	2. Is required to obtain a license for each office, branch
2526	office, or place of business making use of the entity's business
2527	name by applying to the department for the license on a
2528	simplified form developed by rule of the department for this
2529	purpose.
2530	3. Is not required to pay any additional application fees
2531	for a license issued to the offices or places of business
2532	referenced in subsection (2), but is required to pay the license
2533	fee as prescribed in s. 624.501, be appointed under s. 626.112,
2534	and pay the prescribed appointment fee under s. 624.501. The
2535	license obtained under this paragraph shall be posted at the
2536	business location for which it was issued so as to be readily
2537	visible to prospective purchasers of such coverage.
2538
2539	Reviser's note.--Amended to delete remaining
2540	references to "solicitor" to conform to the deletion
2541	of references to solicitors from other portions of s.
2542	626.321 by ss. 16 and 53, ch. 2002-206, Laws of
2543	Florida, and to conform to the repeal of s. 626.071,
2544	which defined "solicitor," by s. 72, ch. 2002-206.
2545
2546	Section 81. Section 626.461, Florida Statutes, is amended
2547	to read:
2548	626.461 Continuation of appointment of agent or other
2549	representative.--Subject to renewal or continuation by the
2550	appointing entity, the appointment of the agent, adjuster,
2551	solicitor,service representative, customer representative, or
2552	managing general agent shall continue in effect until the
2553	person's license is revoked or otherwise terminated, unless
2554	written notice of earlier termination of the appointment is
2555	filed with the department by either the appointing entity or the
2556	appointee.
2557
2558	Reviser's note.--Amended to delete a reference to
2559	"solicitor" to conform to the repeal of s. 626.071,
2560	which defined "solicitor," by s. 72, ch. 2002-206,
2561	Laws of Florida
2562
2563	Section 82. Section 626.733, Florida Statutes, is amended
2564	to read:
2565	626.733 Agency firms and corporations; special
2566	requirements.--If a sole proprietorship, partnership,
2567	corporation, or association holds an agency contract, all
2568	members thereof who solicit, negotiate, or effect insurance
2569	contracts, and all officers and stockholders of the corporation
2570	who solicit, negotiate, or effect insurance contracts, are
2571	required to qualify and be licensed individually as agents,
2572	solicitors,or customer representatives; and all of such agents
2573	must be individually appointed as to each property and casualty
2574	insurer entering into an agency contract with such agency. Each
2575	such appointing insurer as soon as known to it shall comply with
2576	this section and shall determine and require that each agent so
2577	associated in or so connected with such agency is likewise
2578	appointed as to the same such insurer and for the same type and
2579	class of license. However, no insurer is required to comply
2580	with the provisions of this section if such insurer
2581	satisfactorily demonstrates to the department that the insurer
2582	has issued an aggregate net written premium, in an agency, in an
2583	amount of $25,000 or less.
2584
2585	Reviser's note.--Amended to delete a reference to
2586	"solicitors" to conform to the repeal of s. 626.071,
2587	which defined "solicitor," by s. 72, ch. 2002-206,
2588	Laws of Florida.
2589
2590	Section 83. Subsection (2) of section 626.7354, Florida
2591	Statutes, is amended to read:
2592	626.7354 Customer representative's powers; agent's or
2593	agency's responsibility.--
2594	(2) A customer representative may engage in transacting
2595	insurance with customers who have been solicited by any agent,
2596	solicitor,or customer representative in the same agency, and
2597	may engage in transacting insurance with customers who have not
2598	been so solicited to the extent and under conditions that are
2599	otherwise consistent with this part and with the insurer's
2600	contract with the agent appointing him or her.
2601
2602	Reviser's note.--Amended to delete a reference to
2603	"solicitor" to conform to the repeal of s. 626.071,
2604	which defined "solicitor," by s. 72, ch. 2002-206,
2605	Laws of Florida.
2606
2607	Section 84. Subsection (3) of section 626.741, Florida
2608	Statutes, is amended to read:
2609	626.741 Nonresident agents; licensing and restrictions.--
2610	(3) The department shall not, however, issue any license
2611	and appointment to any nonresident who has an office or place of
2612	business in this state, or who has any direct or indirect
2613	pecuniary interest in any insurance agent or, insurance agency,
2614	or in any solicitorlicensed as a resident of this state; nor to
2615	any individual who does not, at the time of issuance and
2616	throughout the existence of the Florida license, hold a license
2617	as agent or broker issued by his or her home state; nor to any
2618	individual who is employed by any insurer as a service
2619	representative or who is a managing general agent in any state,
2620	whether or not also licensed in another state as an agent or
2621	broker. The foregoing requirement to hold a similar license in
2622	the applicant's home state does not apply to customer
2623	representatives unless the home state licenses residents of that
2624	state in a similar manner. The prohibition against having an
2625	office or place of business in this state does not apply to
2626	customer representatives who are required to conduct business
2627	solely within the confines of the office of a licensed and
2628	appointed Florida resident general lines agent in this state.
2629	The authority of such nonresident license is limited to the
2630	specific lines of authority granted in the license issued by the
2631	agent's home state and further limited to the specific lines
2632	authorized under the nonresident license issued by this state.
2633	The department shall have discretion to refuse to issue any
2634	license or appointment to a nonresident when it has reason to
2635	believe that the applicant by ruse or subterfuge is attempting
2636	to avoid the intent and prohibitions contained in this
2637	subsection or to believe that any of the grounds exist as for
2638	suspension or revocation of license as set forth in ss. 626.611
2639	and 626.621.
2640
2641	Reviser's note.--Amended to delete a reference to
2642	"solicitor" to conform to the repeal of s. 626.071,
2643	which defined "solicitor," by s. 72, ch. 2002-206,
2644	Laws of Florida.
2645
2646	Section 85. Paragraph (a) of subsection (1) of section
2647	626.753, Florida Statutes, is amended to read:
2648	626.753 Sharing commissions; penalty.--
2649	(1)(a) An agent may divide or share in commissions only
2650	with his or her own employed solicitors and withother agents
2651	appointed and licensed to write the same kind or kinds of
2652	insurance.
2653
2654	Reviser's note.--Amended to delete a reference to an
2655	insurance agent's "own employed solicitors" to conform
2656	to the repeal of s. 626.071, which defined
2657	"solicitor," by s. 72, ch. 2002-206, Laws of Florida.
2658
2659	Section 86. Subsection (2) of section 626.829, Florida
2660	Statutes, is amended to read:
2661	626.829 "Health agent" defined.--
2662	(2) Any person who acts for an insurer, or on behalf of a
2663	licensed representative of an insurer, to solicit applications
2664	for or to negotiate and effectuate health insurance contracts,
2665	whether or not he or she is appointed as an agent, subagent,
2666	solicitor,or canvasser or by any other title, shall be deemed
2667	to be a health agent and shall be qualified, licensed, and
2668	appointed as a health agent.
2669
2670	Reviser's note.--Amended to delete a reference to
2671	"solicitor" to conform to the repeal of s. 626.071,
2672	which defined "solicitor," by s. 72, ch. 2002-206,
2673	Laws of Florida.
2674
2675	Section 87. Subsection (5) of section 626.852, Florida
2676	Statutes, is amended to read:
2677	626.852 Scope of this part.--
2678	(5) This part does not apply to any employee or agent of a
2679	state university board of trustees providing services in support
2680	of any self-insurance program created under formers. 240.213 or
2681	s. 1004.24.
2682
2683	Reviser's note.--Amended to conform to the repeal of
2684	s. 240.213 by s. 1058, ch. 2002-387, Laws of Florida.
2685
2686	Section 88. Paragraph (h) of subsection (1) of section
2687	626.9541, Florida Statutes, is amended to read:
2688	626.9541 Unfair methods of competition and unfair or
2689	deceptive acts or practices defined.--
2690	(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
2691	ACTS.--The following are defined as unfair methods of
2692	competition and unfair or deceptive acts or practices:
2693	(h) Unlawful rebates.--
2694	1. Except as otherwise expressly provided by law, or in an
2695	applicable filing with the department, knowingly:
2696	a. Permitting, or offering to make, or making, any
2697	contract or agreement as to such contract other than as plainly
2698	expressed in the insurance contract issued thereon;
2699	b. Paying, allowing, or giving, or offering to pay, allow,
2700	or give, directly or indirectly, as inducement to such insurance
2701	contract, any unlawful rebate of premiums payable on the
2702	contract, any special favor or advantage in the dividends or
2703	other benefits thereon, or any valuable consideration or
2704	inducement whatever not specified in the contract;
2705	c. Giving, selling, or purchasing, or offering to give,
2706	sell, or purchase, as inducement to such insurance contract or
2707	in connection therewith, any stocks, bonds, or other securities
2708	of any insurance company or other corporation, association, or
2709	partnership, or any dividends or profits accrued thereon, or
2710	anything of value whatsoever not specified in the insurance
2711	contract.
2712	2. Nothing in paragraph (g) or subparagraph 1. of this
2713	paragraph shall be construed as including within the definition
2714	of discrimination or unlawful rebates:
2715	a. In the case of any contract of life insurance or life
2716	annuity, paying bonuses to all policyholders or otherwise
2717	abating their premiums in whole or in part out of surplus
2718	accumulated from nonparticipating insurance; provided that any
2719	such bonuses or abatement of premiums is fair and equitable to
2720	all policyholders and for the best interests of the company and
2721	its policyholders.
2722	b. In the case of life insurance policies issued on the
2723	industrial debit plan, making allowance to policyholders who
2724	have continuously for a specified period made premium payments
2725	directly to an office of the insurer in an amount which fairly
2726	represents the saving in collection expenses.
2727	c. Readjustment of the rate of premium for a group
2728	insurance policy based on the loss or expense thereunder, at the
2729	end of the first or any subsequent policy year of insurance
2730	thereunder, which may be made retroactive only for such policy
2731	year.
2732	d. Issuance of life insurance policies or annuity
2733	contracts at rates less than the usual rates of premiums for
2734	such policies or contracts, as group insurance or employee
2735	insurance as defined in this code.
2736	e. Issuing life or disability insurance policies on a
2737	salary savings, bank draft, preauthorized check, payroll
2738	deduction, or other similar plan at a reduced rate reasonably
2739	related to the savings made by the use of such plan.
2740	3.a. No title insurer, or any member, employee, attorney,
2741	agent, or agency, or solicitorthereof, shall pay, allow, or
2742	give, or offer to pay, allow, or give, directly or indirectly,
2743	as inducement to title insurance, or after such insurance has
2744	been effected, any rebate or abatement of the agent's, agency's,
2745	or title insurer's share of the premium or any charge for
2746	related title services below the cost for providing such
2747	services, or provide any special favor or advantage, or any
2748	monetary consideration or inducement whatever. Nothing herein
2749	contained shall preclude an abatement in an attorney's fee
2750	charged for legal services.
2751	b. Nothing in this subparagraph shall be construed as
2752	prohibiting the payment of fees to attorneys at law duly
2753	licensed to practice law in the courts of this state, for
2754	professional services, or as prohibiting the payment of earned
2755	portions of the premium to duly appointed agents or agencies who
2756	actually perform services for the title insurer.
2757	c. No insured named in a policy, or any other person
2758	directly or indirectly connected with the transaction involving
2759	the issuance of such policy, including, but not limited to, any
2760	mortgage broker, real estate broker, builder, or attorney, any
2761	employee, agent, agency, or representative thereof, or any other
2762	person whatsoever, shall knowingly receive or accept, directly
2763	or indirectly, any rebate or abatement of said charge, or any
2764	monetary consideration or inducement, other than as set forth in
2765	sub-subparagraph b.
2766
2767	Reviser's note.--Amended to delete a reference to
2768	"solicitor" to conform to the deletion of references
2769	to solicitors from other portions of s. 626.9541 by s.
2770	65, ch. 2002-206, Laws of Florida, and to conform to
2771	the repeal of s. 626.071, which defined "solicitor,"
2772	by s. 72, ch. 2002-206.
2773
2774	Section 89. Section 627.3111, Florida Statutes, is amended
2775	to read:
2776	627.3111 Public records exemption.--All bank account
2777	numbers and debit, charge, and credit card numbers, and all
2778	other personal financial and health information of a consumer
2779	held by the Department of Insurance or its service providers or
2780	agents, relating to a consumer's complaint or inquiry regarding
2781	a matter or activity regulated under the Florida Insurance Code,
2782	are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
2783	I of the State Constitution. For the purpose of this section,
2784	the term "consumer" includes but is not limited to a prospective
2785	purchaser, purchaser, or beneficiary of, or applicant for, any
2786	product or service regulated under the Florida Insurance Code,
2787	and a family member or dependent of a consumer, a subscriber
2788	under a group policy, or a policyholder. This information shall
2789	be redacted from records that contain nonexempt information
2790	prior to disclosure. This exemption applies to information made
2791	confidential and exempt by this section held by the Department
2792	of Insurance or its service providers or agents before, on, or
2793	after the effective date of this exemption. Such confidential
2794	and exempt information may be disclosed to another governmental
2795	entity, if disclosure is necessary for the receiving entity to
2796	perform its duties and responsibilities, and may be disclosed to
2797	the National Association of Insurance Commissioners. The
2798	receiving governmental entity and the association must maintain
2799	the confidential and exempt status of such information. The
2800	information made confidential and exempt by this section may be
2801	used in a criminal, civil, or administrative proceeding so long
2802	as the confidential and exempt status of such information is
2803	maintained. This exemption does not include the name and
2804	address of an inquirer or complainant to the department or the
2805	name of an insurer or other regulated entity which is the
2806	subject of the inquiry orofcomplaint. This section is subject
2807	to the Open Government Sunset Review Act of 1995 in accordance
2808	with s. 119.15 and shall stand repealed on October 2, 2007,
2809	unless reviewed and saved from repeal through reenactment by the
2810	Legislature.
2811
2812	Reviser's note.--Amended to improve clarity and
2813	provide contextual consistency.
2814
2815	Section 90. Paragraphs (j), (k), and (r) of subsection (6)
2816	of section 627.351, Florida Statutes, are amended to read:
2817	627.351 Insurance risk apportionment plans.--
2818	(6) CITIZENS PROPERTY INSURANCE CORPORATION.--
2819	(j) For the purposes of s. 199.183(1), the corporation
2820	shall be considered a political subdivision of the state and
2821	shall be exempt from the corporate income tax. The premiums,
2822	assessments, investment income, and other revenue of the
2823	corporation are funds received for providing property insurance
2824	coverage as required by this subsection, paying claims for
2825	Florida citizens insured by the corporation, securing and
2826	repaying debt obligations issued by the corporation, and
2827	conducting all other activities of the corporation, and shall
2828	not be considered taxes, fees, licenses, or charges for services
2829	imposed by the Legislature on individuals, businesses, or
2830	agencies outside state government. Bonds and other debt
2831	obligations issued by or on behalf of the corporation are not to
2832	be considered "state bonds" within the meaning of s. 215.58(10).
2833	The corporation is not subject to the procurement provisions of
2834	chapter 287, and policies and decisions of the corporation
2835	relating to incurring debt, levying of assessments and the sale,
2836	issuance, continuation, terms and claims under corporation
2837	policies, and all services relating thereto, are not subject to
2838	the provisions of chapter 120. The corporation is not required
2839	to obtain or to hold a certificate of authority issued by the
2840	department, nor is it required to participate as a member
2841	insurer of the Florida Insurance Guaranty Association. However,
2842	the corporation is required to pay, in the same manner as an
2843	authorized insurer, assessments pledged by the Florida Insurance
2844	Guaranty Association to secure bonds issued or other
2845	indebtedness incurred to pay covered claims arising from insurer
2846	insolvencies caused by, or proximately related to, hurricane
2847	losses. It is the intent of the Legislature that the tax
2848	exemptions provided in this paragraph will augment the financial
2849	resources of the corporation to better enable the corporation to
2850	fulfill its public purposes. Any bonds issued by the
2851	corporation, their transfer, and the income therefrom, including
2852	any profit made on the sale thereof, shall at all times be free
2853	from taxation of every kind by the state and any political
2854	subdivision or local unit or other instrumentality thereof;
2855	however, this exemption does not apply to any tax imposed by
2856	chapter 220200on interest, income, or profits on debt
2857	obligations owned by corporations other than the corporation.
2858	(k) Upon a determination by the department that the
2859	conditions giving rise to the establishment and activation of
2860	the corporation no longer exist, the corporation is dissolved.
2861	Upon dissolution, the assets of the corporationassociation
2862	shall be applied first to pay all debts, liabilities, and
2863	obligations of the corporation, including the establishment of
2864	reasonable reserves for any contingent liabilities or
2865	obligations, and all remaining assets of the corporation shall
2866	become property of the state and shall bedeposited in the
2867	Florida Hurricane Catastrophe Fund. However, no dissolution
2868	shall take effect as long as the corporation has bonds or other
2869	financial obligations outstanding unless adequate provision has
2870	been made for the payment of the bonds or other financial
2871	obligations pursuant to the documents authorizing the issuance
2872	of the bonds or other financial obligations.
2873	(r) The corporation shall not require the securing of
2874	flood insurance as a condition of coverage if the insured or
2875	applicant executes a form approved by the department affirming
2876	that flood insurance is not provided by the corporation and that
2877	if flood insurance is not secured by the applicant or insured in
2878	addition to coverage by the corporation, the risk will not be
2879	covered for flood damage. A corporation policyholder electing
2880	not to secure flood insurance and executing a form as provided
2881	herein making a claimclamfor water damage against the
2882	corporation shall have the burden of proving the damage was not
2883	caused by flooding. Notwithstanding other provisions of this
2884	subsection, the corporation may deny coverage to an applicant or
2885	insured who refuses to execute the form described herein.
2886
2887	Reviser's note.--Paragraph (6)(j) is amended to
2888	correct a cross-reference and conform to context;
2889	chapter 200 does not impose a tax on interest, income,
2890	or profits on debt obligations owned by corporations,
2891	but chapter 220 does. Paragraph (6)(k) is amended to
2892	substitute a reference to the "corporation" for a
2893	reference to the "association" to conform to that
2894	change made elsewhere by s. 2, ch. 2002-240, Laws of
2895	Florida, and s. 11, ch. 2002-282, Laws of Florida. The
2896	paragraph is also amended to improve clarity and
2897	sentence construction. Paragraph (6)(r) is amended to
2898	correct an apparent error and conform to context.
2899	Section 91. Subsection (3) of section 628.255, Florida
2900	Statutes, is amended to read:
2901	628.255 Person with effective control cannot receive
2902	commission unless contract approved; penalties.--
2903	(3) For the purposes of this section, "effective control"
2904	means ownership of 10 percent or more of company stock or
2905	receipt of $25,000 or more cumulatively in compensation in 1
2906	calendar year other than commissions resulting from insurance
2907	business produced by an agent or solicitor.
2908
2909	Reviser's note.--Amended to delete a reference to
2910	"solicitor" to conform to the repeal of s. 626.071,
2911	which defined "solicitor," by s. 72, ch. 2002-206,
2912	Laws of Florida.
2913
2914	Section 92. Subsection (2) of section 631.111, Florida
2915	Statutes, is amended to read:
2916	631.111 Order of liquidation; domestic insurers.--
2917	(2) The order of liquidation shall authorize and direct
2918	the department to take immediate possession of all the property,
2919	assets, and estate, including, but not limited to, all offices
2920	maintained by the insurer and all rights of action, books,
2921	documents, papers, evidences of debt, and all other property of
2922	every kind whatsoever and wheresoever located belonging to the
2923	insurer, including, but not limited to, all bank accounts,
2924	stocks, bonds, debentures, mortgages, all premiums collected by
2925	premium finance companies or any person otherwise engaged in
2926	premium financing, agents, subagents, producing agents, brokers,
2927	solicitors,service representatives, or others and not paid to
2928	the insurer, furniture, fixtures, equipment, office supplies,
2929	and all real property of the insurer and to hold all such assets
2930	pending further orders of the court.
2931
2932	Reviser's note.--Amended to delete a reference to
2933	"solicitors" to conform to the repeal of s. 626.071,
2934	which defined "solicitor," by s. 72, ch. 2002-206,
2935	Laws of Florida.
2936
2937	Section 93. Subsection (7) of section 633.01, Florida
2938	Statutes, is amended to read:
2939	633.01 State Fire Marshal; powers and duties; rules.--
2940	(7) The State Fire Marshal shall adopt and administer
2941	rules prescribing standards for the safety and health of
2942	occupants of educational and ancillary facilities pursuant to
2943	ss. 633.022, 1013.12, 1013.37, and 1013.371235.06, and 235.26.
2944	In addition, in any county that does not employ or appoint a
2945	local fire official, the State Fire Marshal shall assume the
2946	duties of the local fire official with respect to firesafety
2947	inspections of educational property required under s.
2948	1013.12(2)(b)235.06(2)(b), and the State Fire Marshal may take
2949	necessary corrective action as authorized under s. 1013.12(5)
2950	235.06(4).
2951
2952	Reviser's note.--Amended to conform to the repeal of
2953	ss. 235.06 and 235.26 by s. 1058, ch. 2002-387, Laws
2954	of Florida, and the enactment of similar material in
2955	ss. 1013.12, 1013.37, and 1013.371, by ss. 805, 834,
2956	and 835, ch. 2002-387, respectively.
2957
2958	Section 94. Section 634.171, Florida Statutes, is amended
2959	to read:
2960	634.171 Salesperson to be licensed and
2961	appointed.--Salespersons for motor vehicle service agreement
2962	companies and insurers shall be licensed, appointed, renewed,
2963	continued, reinstated, or terminated as prescribed in chapter
2964	626 for insurance representatives in general. However, they
2965	shall be exempt from all other provisions of chapter 626
2966	including fingerprinting, photo identification, education, and
2967	examination provisions. License, appointment, and other fees
2968	shall be those prescribed in s. 624.501. A licensed and
2969	appointed salesperson shall be directly responsible and
2970	accountable for all acts of her or his employees and other
2971	representatives. Each service agreement company or insurer
2972	shall, on forms prescribed by the department, within 30 days
2973	after termination of the appointment, notify the department of
2974	such termination. No employee or salesperson of a motor vehicle
2975	service agreement company or insurer may directly or indirectly
2976	solicit or negotiate insurance contracts, or hold herself or
2977	himself out in any manner to be an insurance agent or solicitor,
2978	unless so qualified, licensed, and appointed therefor under the
2979	Florida Insurance Code. A motor vehicle service agreement
2980	company is not required to be licensed as a salesperson to
2981	solicit, sell, issue, or otherwise transact the motor vehicle
2982	service agreements issued by the motor vehicle service agreement
2983	company.
2984
2985	Reviser's note.--Amended to delete a reference to
2986	"solicitor" to conform to the repeal of s. 626.071,
2987	which defined "solicitor," by s. 72, ch. 2002-206,
2988	Laws of Florida.
2989
2990	Section 95. Section 634.420, Florida Statutes, is amended
2991	to read:
2992	634.420 License and appointment of sales
2993	representatives.--Sales representatives for service warranty
2994	associations or insurers shall be licensed, appointed, renewed,
2995	continued, reinstated, or terminated in accordance with
2996	procedures as prescribed in chapter 626 for insurance
2997	representatives in general. However, they shall be exempt from
2998	all other provisions of chapter 626, including fingerprinting,
2999	photo identification, education, and examination. License,
3000	appointment, and other fees shall be those prescribed in s.
3001	624.501. A licensed and appointed sales representative shall be
3002	directly responsible and accountable for all acts of the
3003	licensed sales representative's employees or other
3004	representatives. Each service warranty association or insurer
3005	shall, on forms prescribed by the department, within 30 days
3006	after termination of the appointment, notify the department of
3007	such termination. No employee or sales representative of a
3008	service warranty association or insurer may directly or
3009	indirectly solicit or negotiate insurance contracts, or hold
3010	herself or himself out in any manner to be an insurance agent or
3011	solicitor, unless so qualified, licensed, and appointed therefor
3012	under the insurance code.
3013
3014	Reviser's note.--Amended to delete a reference to
3015	"solicitor" to conform to the repeal of s. 626.071,
3016	which defined "solicitor," by s. 72, ch. 2002-206,
3017	Laws of Florida.
3018
3019	Section 96. Paragraph (a) of subsection (15) of section
3020	641.35, Florida Statutes, is amended to read:
3021	641.35 Assets, liabilities, and investments.--
3022	(15) INVESTMENT OF EXCESS FUNDS.--
3023	(a) After satisfying the requirements of this part, any
3024	funds of a health maintenance organization in excess of its
3025	statutorily required reserves and surplus may be invested:
3026	1. Without limitation in any investments otherwise
3027	authorized by this part; or
3028	2. In such other investments not specifically authorized
3029	by this part, provided such investments do not exceed the lesser
3030	of5 percent of the health maintenance organization's admitted
3031	assets or 25 percent of the amount by which a health maintenance
3032	organization's surplus exceeds its statutorily required minimum
3033	surplus. A health maintenance organization may exceed the
3034	limitations of this subparagraph only with the prior written
3035	approval of the department.
3036
3037	Reviser's note.--Amended to improve clarity and
3038	sentence construction.
3039
3040	Section 97. Section 642.034, Florida Statutes, is amended
3041	to read:
3042	642.034 License and appointment required.--No person may
3043	solicit, negotiate, sell, or execute legal expense insurance
3044	contracts on behalf of an insurer in this state unless such
3045	person is licensed and appointed as a sales representative or is
3046	licensed and appointed under the insurance code as a general
3047	lines agent or solicitor. No person licensed and appointed as a
3048	legal expense insurance sales representative may solicit,
3049	negotiate, sell, or execute any other contract of insurance
3050	unless such person is duly licensed and appointed to do so under
3051	the provisions of chapter 626.
3052
3053	Reviser's note.--Amended to delete a reference to
3054	"solicitor" to conform to the repeal of s. 626.071,
3055	which defined "solicitor," by s. 72, ch. 2002-206,
3056	Laws of Florida.
3057
3058	Section 98. Section 642.036, Florida Statutes, is amended
3059	to read:
3060	642.036 Sales representatives to be licensed and
3061	appointed.--Sales representatives of legal expense insurers
3062	shall be licensed, appointed, renewed, continued, reinstated, or
3063	terminated as prescribed in chapter 626 for insurance
3064	representatives in general, and shall pay the license and
3065	appointment fees prescribed in s. 624.501. No employee or sales
3066	representative of an insurer may directly or indirectly solicit
3067	or negotiate insurance contracts, or hold herself or himself out
3068	in any manner to be an insurance agent or solicitor, unless so
3069	qualified, licensed, and appointed therefor under the insurance
3070	code.
3071
3072	Reviser's note.--Amended to delete a reference to
3073	"solicitor" to conform to the repeal of s. 626.071,
3074	which defined "solicitor," by s. 72, ch. 2002-206,
3075	Laws of Florida.
3076
3077	Section 99. Subsection (2) of section 642.045, Florida
3078	Statutes, is amended to read:
3079	642.045 Procedure for refusal, suspension, or revocation
3080	of license and appointment of sales representative; departmental
3081	action upon violation by licensed insurance agent or
3082	solicitor.--
3083	(2) Whenever it appears that any licensed insurance agent
3084	or solicitorhas violated the provisions of ss. 642.011-642.049,
3085	or if any grounds listed in s. 642.041 or s. 642.043 exist as to
3086	such agent or solicitor, the department may take such action as
3087	is authorized by the insurance code for a violation of the
3088	insurance code by such agent or solicitor, or such action as is
3089	authorized by this chapter for a violation of this chapter by a
3090	sales representative.
3091
3092	Reviser's note.--Amended to delete references to
3093	"solicitor" to conform to the repeal of s. 626.071,
3094	which defined "solicitor," by s. 72, ch. 2002-206,
3095	Laws of Florida.
3096
3097	Section 100. Paragraph (g) of subsection (1) of section
3098	648.355, Florida Statutes, is amended to read:
3099	648.355 Temporary limited license as limited surety agent
3100	or professional bail bond agent; pending examination.--
3101	(1) The department may, in its discretion, issue a
3102	temporary license as a limited surety agent or professional bail
3103	bond agent, subject to the following conditions:
3104	(g) The applicant must file with the department statements
3105	by ataleast three reputable citizens who are residents of the
3106	same counties in which the applicant proposes to engage as a
3107	temporary licensee.
3108
3109	Reviser's note.--Amended to improve clarity and
3110	conform to context.
3111
3112	Section 101. Paragraph (b) of subsection (2) of section
3113	679.703, Florida Statutes, is amended to read:
3114	679.703 Security interest perfected before effective
3115	date.--
3116	(2) Except as otherwise provided in s. 679.705, if,
3117	immediately before this act takes effect, a security interest is
3118	enforceable and would have priority over the rights of a person
3119	who becomes a lien creditor at that time, but the applicable
3120	requirements for enforceability or perfection under this act are
3121	not satisfied when this act takes effect, the security interest:
3122	(b) Remains enforceable thereafter only if the security
3123	interest becomes enforceable under formers. 679.203 before the
3124	year expires; and
3125
3126	Reviser's note.--Amended to conform to the repeal of
3127	s. 679.203 by s. 2, ch. 2001-198, Laws of Florida.
3128
3129	Section 102. Subsection (2) of section 679.704, Florida
3130	Statutes, is amended to read:
3131	679.704 Security interest unperfected before effective
3132	date.--A security interest that is enforceable immediately
3133	before this act takes effect but that would be subordinate to
3134	the rights of a person who becomes a lien creditor at that time:
3135	(2) Remains enforceable thereafter if the security
3136	interest becomes enforceable under formers. 679.203 when this
3137	act takes effect or within 1 year thereafter; and
3138
3139	Reviser's note.--Amended to conform to the repeal of
3140	s. 679.203 by s. 2, ch. 2001-198, Laws of Florida.
3141
3142	Section 103. Subsection (2) of section 765.5216, Florida
3143	Statutes, is amended to read:
3144	765.5216 Organ and tissue donor education panel.--
3145	(2) There is created within the Agency for Health Care
3146	Administration a statewide organ and tissue donor education
3147	panel, consisting of 12 members, to represent the interests of
3148	the public with regard to increasing the number of organ and
3149	tissue donors within the state. The panel and the Organ and
3150	Tissue Procurement and Transplantation Advisory Board
3151	established in s. 765.543381.6023shall jointly develop,
3152	subject to the approval of the Agency for Health Care
3153	Administration, education initiatives pursuant to s. 765.5215,
3154	which the agency shall implement. The membership must be
3155	balanced with respect to gender, ethnicity, and other
3156	demographic characteristics so that the appointees reflect the
3157	diversity of the population of this state. The panel members
3158	must include:
3159	(a) A representative from the Agency for Health Care
3160	Administration, who shall serve as chairperson of the panel.
3161	(b) A representative from a Florida licensed organ
3162	procurement organization.
3163	(c) A representative from a Florida licensed tissue bank.
3164	(d) A representative from a Florida licensed eye bank.
3165	(e) A representative from a Florida licensed hospital.
3166	(f) A representative from the Division of Driver Licenses
3167	of the Department of Highway Safety and Motor Vehicles, who
3168	possesses experience and knowledge in dealing with the public.
3169	(g) A representative from the family of an organ, tissue,
3170	or eye donor.
3171	(h) A representative who has been the recipient of a
3172	transplanted organ, tissue, or eye, or is a family member of a
3173	recipient.
3174	(i) A representative who is a minority person as defined
3175	in former s. 381.81.
3176	(j) A representative from a professional association or
3177	public relations or advertising organization.
3178	(k) A representative from a community service club or
3179	organization.
3180	(l) A representative from the Department of Education.
3181
3182	Reviser's note.--Amended to conform a cross-reference
3183	to s. 381.6023 to the transfer of that section to s.
3184	765.543 by this act.
3185
3186	Section 104. Subsection (5) of section 765.522, Florida
3187	Statutes, is amended to read:
3188	765.522 Duty of certain hospital administrators; liability
3189	of hospital administrators, organ procurement organizations, eye
3190	banks, and tissue banks.--
3191	(5) There shall be no civil or criminal liability against
3192	any organ procurement organization, eye bank, or tissue bank
3193	certified under s. 765.542381.6022, or against any hospital or
3194	hospital administrator or designee, when complying with the
3195	provisions of this part and the rules of the Agency for Health
3196	Care Administration or when, in the exercise of reasonable care,
3197	a request for organ donation is inappropriate and the gift is
3198	not made according to this part and the rules of the Agency for
3199	Health Care Administration.
3200
3201	Reviser's note.--Amended to conform a cross-reference
3202	to s. 381.6022 to the transfer of that section to s.
3203	765.542 by this act.
3204
3205	Section 105. Section 768.16, Florida Statutes, is amended
3206	to read:
3207	768.16 Wrongful Death Act.--Sections 768.16-768.26768.16-
3208	768.27may be cited as the "Florida Wrongful Death Act."
3209
3210	Reviser's note.--Amended to conform to the repeal of
3211	s. 768.27 by s. 3, ch. 2000-341, Laws of Florida.
3212
3213	Section 106. Section 768.17, Florida Statutes, is amended
3214	to read:
3215	768.17 Legislative intent.--It is the public policy of the
3216	state to shift the losses resulting when wrongful death occurs
3217	from the survivors of the decedent to the wrongdoer. Sections
3218	768.16-768.26768.16-768.27are remedial and shall be liberally
3219	construed.
3220
3221	Reviser's note.--Amended to conform to the repeal of
3222	s. 768.27 by s. 3, ch. 2000-341, Laws of Florida.
3223
3224	Section 107. Section 768.18, Florida Statutes, is amended
3225	to read:
3226	768.18 Definitions.--As used in ss. 768.16-768.26768.16-
3227	768.27:
3228	(1) "Survivors" means the decedent's spouse, children,
3229	parents, and, when partly or wholly dependent on the decedent
3230	for support or services, any blood relatives and adoptive
3231	brothers and sisters. It includes the child born out of wedlock
3232	of a mother, but not the child born out of wedlock of the father
3233	unless the father has recognized a responsibility for the
3234	child's support.
3235	(2) "Minor children" means children under 25 years of age,
3236	notwithstanding the age of majority.
3237	(3) "Support" includes contributions in kind as well as
3238	money.
3239	(4) "Services" means tasks, usually of a household nature,
3240	regularly performed by the decedent that will be a necessary
3241	expense to the survivors of the decedent. These services may
3242	vary according to the identity of the decedent and survivor and
3243	shall be determined under the particular facts of each case.
3244	(5) "Net accumulations" means the part of the decedent's
3245	expected net business or salary income, including pension
3246	benefits, that the decedent probably would have retained as
3247	savings and left as part of her or his estate if the decedent
3248	had lived her or his normal life expectancy. "Net business or
3249	salary income" is the part of the decedent's probable gross
3250	income after taxes, excluding income from investments continuing
3251	beyond death, that remains after deducting the decedent's
3252	personal expenses and support of survivors, excluding
3253	contributions in kind.
3254
3255	Reviser's note.--Amended to conform to the repeal of
3256	s. 768.27 by s. 3, ch. 2000-341, Laws of Florida.
3257
3258	Section 108. Paragraph (h) of subsection (2) of section
3259	790.06, Florida Statutes, is amended to read:
3260	790.06 License to carry concealed weapon or firearm.--
3261	(2) The Department of Agriculture and Consumer Services
3262	shall issue a license if the applicant:
3263	(h) Demonstrates competence with a firearm by any one of
3264	the following:
3265	1. Completion of any hunter education or hunter safety
3266	course approved by the Fish and Wildlife Conservation Commission
3267	or a similar agency of another state;
3268	2. Completion of any National Rifle Association firearms
3269	safety or training course;
3270	3. Completion of any firearms safety or training course or
3271	class available to the general public offered by a law
3272	enforcement, junior college, college, or private or public
3273	institution or organization or firearms training school,
3274	utilizing instructors certified by the National Rifle
3275	Association, Criminal Justice Standards and Training Commission,
3276	or the Department of Agriculture and Consumer Services
3277	Department of State;
3278	4. Completion of any law enforcement firearms safety or
3279	training course or class offered for security guards,
3280	investigators, special deputies, or any division or subdivision
3281	of law enforcement or security enforcement;
3282	5. Presents evidence of equivalent experience with a
3283	firearm through participation in organized shooting competition
3284	or military service;
3285	6. Is licensed or has been licensed to carry a firearm in
3286	this state or a county or municipality of this state, unless
3287	such license has been revoked for cause; or
3288	7. Completion of any firearms training or safety course or
3289	class conducted by a state-certified or National Rifle
3290	Association certified firearms instructor;
3291
3292	A photocopy of a certificate of completion of any of the courses
3293	or classes; or an affidavit from the instructor, school, club,
3294	organization, or group that conducted or taught said course or
3295	class attesting to the completion of the course or class by the
3296	applicant; or a copy of any document which shows completion of
3297	the course or class or evidences participation in firearms
3298	competition shall constitute evidence of qualification under
3299	this paragraph; any person who conducts a course pursuant to
3300	subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
3301	an instructor, attests to the completion of such courses, must
3302	maintain records certifying that he or she observed the student
3303	safely handle and discharge the firearm;
3304
3305	Reviser's note.--Amended to improve clarity and
3306	facilitate correct interpretation. The Division of
3307	Licensing of the Department of State was transferred
3308	to the Department of Agriculture and Consumer Services
3309	and reestabished as a division within that department
3310	by s. 1, ch. 2002-295, Laws of Florida.
3311
3312	Section 109. Paragraph (a) of subsection (3) of section
3313	921.0022, Florida Statutes, is amended to read:
3314	921.0022 Criminal Punishment Code; offense severity
3315	ranking chart.--
3316	(3) OFFENSE SEVERITY RANKING CHART
3317
3318	Florida Felony
3319	Statute Degree Description
3320
3321	(a) LEVEL 1
3322	24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
3323	212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
3324	212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
3325	319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
3326	319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
3327	320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
3328	322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.
3329	322.212(4) 3rd Supply or aid in supplying unauthorized driver's license or identification card.
3330	322.212(5)(a) 3rd False application for driver's license or identification card.
3331	370.13(2)(c)1.370.13(3)(a) 3rd Molest any stone crab trap, line, or buoy which is property of licenseholder.
3332	370.135(1) 3rd Molest any blue crab trap, line, or buoy which is property of licenseholder.
3333	372.663(1) 3rd Poach any alligator or crocodilia.
3334	414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.
3335	414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
3336	443.071(1) 3rd False statement or representation to obtain or increase unemployment compensation benefits.
3337	509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
3338	517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
3339	562.27(1) 3rd Possess still or still apparatus.
3340	713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
3341	812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
3342	812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
3343	815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
3344	817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
3345	817.569(2) 3rd Use of public record or public records information to facilitate commission of a felony.
3346	826.01 3rd Bigamy.
3347	828.122(3) 3rd Fighting or baiting animals.
3348	831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
3349	831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
3350	832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
3351	832.05 (2)(b)&(4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
3352	838.015(3) 3rd Bribery.
3353	838.016(1) 3rd Public servant receiving unlawful compensation.
3354	838.15(2) 3rd Commercial bribe receiving.
3355	838.16 3rd Commercial bribery.
3356	843.18 3rd Fleeing by boat to elude a law enforcement officer.
3357	847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
3358	849.01 3rd Keeping gambling house.
3359	849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
3360	849.23 3rd Gambling-related machines; "common offender" as to property rights.
3361	849.25(2) 3rd Engaging in bookmaking.
3362	860.08 3rd Interfere with a railroad signal.
3363	860.13(1)(a) 3rd Operate aircraft while under the influence.
3364	893.13(2)(a)2. 3rd Purchase of cannabis.
3365	893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
3366	934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
3367	Reviser's note.--Amended to improve clarity and
3368	facilitate correct interpretation. Section
3369	370.13(3)(a) no longer exists. Section 370.13 was
3370	substantially reworded by s. 38, ch. 2000-364, Laws of
3371	Florida, and material similar to the contents of
3372	former s. 370.13(3)(a) can now be found at s.
3373	370.13(2)(c)1.
3374
3375	Section 110. Paragraph (a) of subsection (1) of section
3376	943.22, Florida Statutes, is amended to read:
3377	943.22 Salary incentive program for full-time officers.--
3378	(1) For the purpose of this section, the term:
3379	(a) "Accredited college, university, or community college"
3380	means a college, university, or community college which has been
3381	accredited by the Southern Association of Colleges and Schools,
3382	another regional accrediting agency, or the Accrediting Council
3383	for Independent Colleges and SchoolsAccrediting Commission for
3384	Independent Colleges and Schools.
3385
3386	Reviser's note.--Amended to improve clarity and
3387	facilitate correct interpretation and to conform to
3388	the correct name of the Accrediting Council for
3389	Independent Colleges and Schools.
3390
3391	Section 111. Section 943.66, Florida Statutes, is amended
3392	to read:
3393	943.66 Rules; Facilities Program, Capitol Police; traffic
3394	regulation.--The Capitol Police may enforce rules of the
3395	Department of Management Services governing the administration,
3396	operation, and management of the Facilities Program and
3397	regulating traffic and parking aton state-owned buildings or on
3398	state-ownedproperty and any local ordinance on the violation of
3399	such if such rules are not in conflict with any state law or
3400	county or municipal ordinance, and are not inconsistent with the
3401	other requirements of ss. 943.61-943.68 or any security plan
3402	developed and approved thereunder.
3403
3404	Reviser's note.--Amended to improve clarity and
3405	facilitate correct interpretation.
3406
3407	Section 112. Subsection (6) of section 945.355, Florida
3408	Statutes, is amended to read:
3409	945.355 HIV testing of inmates prior to release.--
3410	(6) Notwithstanding any provision of the Florida Statutes
3411	providing for a waiver of sovereign immunity, neither the state,
3412	its agencies, subdivisions nor employees of the state, its
3413	agencies, or subdivisions shall be liable to any person for
3414	negligently causing death or personal injury arising out of
3415	complying with this sections. 944.355.
3416
3417	Reviser's note.--Amended to substitute a reference to
3418	s. 945.355 for a reference to s. 944.355, which does
3419	not exist. Reference to immunity for the referenced
3420	actions arising out of compliance with "this section"
3421	(s. 945.355) conforms to context.
3422
3423	Section 113. Paragraph (a) of subsection (5) of section
3424	1000.01, Florida Statutes, is amended to read:
3425	1000.01 The Florida K-20 education system; technical
3426	provisions.--
3427	(5) EDUCATION GOVERNANCE TRANSFERS.--
3428	(a) Effective July 1, 2001:
3429	1. The Board of Regents is abolished.
3430	2. All of the powers, duties, functions, records,
3431	personnel, and property; unexpended balances of appropriations,
3432	allocations, and other funds; administrative authority;
3433	administrative rules; pending issues; and existing contracts of
3434	the Board of Regents are transferred by a type two transfer,
3435	pursuant to s. 20.06(2), to the StateFloridaBoard of
3436	Education.
3437	3. The State Board of Community Colleges is abolished.
3438	4. All of the powers, duties, functions, records,
3439	personnel, and property; unexpended balances of appropriations,
3440	allocations, and other funds; administrative authority;
3441	administrative rules; pending issues; and existing contracts of
3442	the State Board of Community Colleges are transferred by a type
3443	two transfer, pursuant to s. 20.06(2), from the Department of
3444	Education to the StateFloridaBoard of Education.
3445	5. The Postsecondary Education Planning Commission is
3446	abolished.
3447	6. The Council for Education Policy Research and
3448	Improvement is created as an independent office under the Office
3449	of Legislative Services.
3450	7. All personnel, unexpended balances of appropriations,
3451	and allocations of the Postsecondary Education Planning
3452	Commission are transferred to the Council for Education Policy
3453	Research and Improvement.
3454	8. The Articulation Coordinating Committee and the
3455	Education Standards Commission are transferred by a type two
3456	transfer, pursuant to s. 20.06(2), from the Department of
3457	Education to the StateFloridaBoard of Education.
3458
3459	Reviser's note.--Amended to improve clarity and
3460	facilitate correct interpretation. Section 229.004,
3461	which established the Florida Board of Education, was
3462	repealed by s. 1058, ch. 2002-387, Laws of Florida.
3463	Section 19, ch. 2002-387, established the State Board
3464	of Education.
3465
3466	Section 114. Section 1004.07, Florida Statutes, is amended
3467	to read:
3468	1004.07 Student withdrawal from courses due to military
3469	service; effect.--Each district school board, community college
3470	district board of trustees, and university board of trustees
3471	shall establish, by rule and pursuant to guidelines of the State
3472	FloridaBoard of Education, policies regarding currently
3473	enrolled students who are called to, or enlist in, active
3474	military service. Such policies shall provide that any student
3475	enrolled in a postsecondary course or courses at an area
3476	technical center, a public community college, a public college,
3477	or a state university shall not incur academic or financial
3478	penalties by virtue of performing military service on behalf of
3479	our country. Such student shall be permitted the option of
3480	either completing the course or courses at a later date without
3481	penalty or withdrawing from the course or courses with a full
3482	refund of fees paid. If the student chooses to withdraw, the
3483	student's record shall reflect that the withdrawal is due to
3484	active military service.
3485
3486	Reviser's note.--Amended to improve clarity and
3487	facilitate correct interpretation. Section 229.004,
3488	which established the Florida Board of Education, was
3489	repealed by s. 1058, ch. 2002-387, Laws of Florida.
3490	Section 19, ch. 2002-387, established the State Board
3491	of Education.
3492
3493	Section 115. Subsection (7) of section 1004.22, Florida
3494	Statutes, is amended to read:
3495	1004.22 Divisions of sponsored research at state
3496	universities.--
3497	(7) All purchases of a division of sponsored research
3498	shall be made in accordance with the policies and procedures of
3499	the university; however, upon certification addressed to the
3500	university president that it is necessary for the efficient or
3501	expeditious prosecution of a research project, the president may
3502	exempt the purchase of material, supplies, equipment, or
3503	services for research purposes shall be exemptfrom the general
3504	purchasing requirement of the Florida Statutes.
3505
3506	Reviser's note.--Amended to improve clarity and
3507	facilitate correct interpretation.
3508
3509	Section 116. Subsection (3) of section 1004.32, Florida
3510	Statutes, is amended to read:
3511	1004.32 New College of Florida.--
3512	(3) BOARD OF TRUSTEES.--The Governor shall appoint 12
3513	members to the Board of Trustees, to serve 4-year staggered
3514	terms, as follows:
3515	(a) Three residents of Sarasota County.
3516	(b) Two residents of Manatee County.
3517	(c) Until the expiration date of the terms of office of
3518	the members who are on the board June 30, 2001, seven members
3519	selected from the Board of Trustees of the New College
3520	Foundation.
3521
3522	In addition, the student body president of New College of
3523	Florida elected pursuant to s. 1004.26240.236shall serve ex
3524	officio as a voting member of the board of trustees.
3525
3526	Reviser's note.--Amended to conform to the renumbering
3527	of s. 240.236, created by s. 3, ch. 2002-188, Laws of
3528	Florida, as s. 1004.26 by the reviser to conform to
3529	the numbering scheme for provisions in the School Code
3530	per ch. 2002-387, Laws of Florida.
3531
3532	Section 117. Paragraph (j) of subsection (2) of section
3533	1004.45, Florida Statutes, is amended to read:
3534	1004.45 Ringling Center for Cultural Arts.--
3535	(2)
3536	(j) Notwithstanding any other provision of law, the John
3537	and Mable Ringling Museum of Art direct-support organization is
3538	eligible to match state funds in the Trust Fund for University
3539	Major Gifts Trust Fundestablished pursuant to s. 1011.94 as
3540	follows:
3541	1. For the first $1,353,750, matching shall be on the
3542	basis of 75 cents in state matching for each dollar of private
3543	funds.
3544	2. For additional funds, matching shall be provided on the
3545	same basis as is authorized in s. 1011.94.
3546
3547	Reviser's note.--Amended to conform to the complete
3548	title of the fund as provided in s. 1011.94.
3549
3550	Section 118. Paragraph (b) of subsection (2) of section
3551	1004.92, Florida Statutes, is amended to read:
3552	1004.92 Purpose and responsibilities for career and
3553	technical education.--
3554	(2)
3555	(b) Department of Education accountability for career and
3556	technical education includes, but is not limited to:
3557	1. The provision of timely, accurate technical assistance
3558	to school districts and community colleges.
3559	2. The provision of timely, accurate information to the
3560	State Board of Education, the Legislature, and the public.
3561	3. The development of policies, rules, and procedures that
3562	facilitate institutional attainment of the accountability
3563	standards and coordinate the efforts of all divisions within the
3564	department.
3565	4. The development of program standards and industry-
3566	driven benchmarks for career and technical, adult, and community
3567	education programs, which must be updated every 3 years. The
3568	standards must include technical, academic, and workplace
3569	skills; viability of distance learning for instruction; and
3570	work/learn cycles that are responsive to business and industry.
3571	5. Overseeing school district and community college
3572	compliance with the provisions of this chapter.
3573	6. Ensuring that the educational outcomes for the
3574	technical component of career and technical programs andare
3575	uniform and designed to provide a graduate who is capable of
3576	entering the workforce on an equally competitive basis
3577	regardless of the institution of choice.
3578
3579	Reviser's note.--Amended to improve clarity and
3580	facilitate correct interpretation.
3581
3582	Section 119. Subsection (11) of section 1008.35, Florida
3583	Statutes, is amended to read:
3584	1008.35 Best financial management practices for school
3585	districts; standards; reviews; designation of school
3586	districts.--
3587	(11) District reviews conducted under this section must be
3588	completed within 6 months after commencement. OPPAGA shall issue
3589	a final report to the President of the Senate, the Speaker of
3590	the House of Representatives, and the district regarding the
3591	district's use of best financial management practices and cost
3592	savings recommendations within 60 days after completing the
3593	reviews. Copies of the final report shall be provided to the
3594	Governor, the Commissioner of Education, and to the chairs of
3595	school advisory councils and district advisory councils
3596	established pursuant to s. 1001.452(1)(a) and (b)229.58(1)(a)
3597	and (b). The district school board shall notify all members of
3598	the school advisory councils and district advisory council by
3599	mail that the final report has been delivered to the school
3600	district and to the council chairs. The notification shall also
3601	inform members of the OPPAGA website address at which an
3602	electronic copy of the report is available.
3603
3604	Reviser's note.--Amended to conform to the repeal of
3605	s. 229.58 by s. 1058, ch. 2002-387, Laws of Florida,
3606	and the enactment of similar material in s. 1001.452
3607	by s. 59, ch. 2002-387.
3608
3609	Section 120. Paragraph (a) of subsection (1) and
3610	subsection (3) of section 1009.40, Florida Statutes, are amended
3611	to read:
3612	1009.40 General requirements for student eligibility for
3613	state financial aid.--
3614	(1)(a) The general requirements for eligibility of
3615	students for state financial aid awards consist of the
3616	following:
3617	1. Achievement of the academic requirements of and
3618	acceptance at a state university or community college; a nursing
3619	diploma school approved by the Florida Board of Nursing; a
3620	Florida college, university, or community college which is
3621	accredited by an accrediting agency recognized by the State
3622	Board of Education; any Florida institution the credits of which
3623	are acceptable for transfer to state universities; any technical
3624	center; or any private technical institution accredited by an
3625	accrediting agency recognized by the State Board of Education.
3626	2. Residency in this state for no less than 1 year
3627	preceding the award of aid for a program established pursuant to
3628	s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
3629	1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.
3630	1009.681009.60, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77,
3631	or s. 1009.89. Residency in this state must be for purposes
3632	other than to obtain an education. Resident status for purposes
3633	of receiving state financial aid awards shall be determined in
3634	the same manner as resident status for tuition purposes pursuant
3635	to s. 1009.21 and rules of the State Board of Education.
3636	3. Submission of certification attesting to the accuracy,
3637	completeness, and correctness of information provided to
3638	demonstrate a student's eligibility to receive state financial
3639	aid awards. Falsification of such information shall result in
3640	the denial of any pending application and revocation of any
3641	award currently held to the extent that no further payments
3642	shall be made. Additionally, students who knowingly make false
3643	statements in order to receive state financial aid awards shall
3644	be guilty of a misdemeanor of the second degree subject to the
3645	provisions of s. 837.06 and shall be required to return all
3646	state financial aid awards wrongfully obtained.
3647	(3) Undergraduate students are beeligible to receive
3648	financial aid for a maximum of 8 semesters or 12 quarters.
3649	However, undergraduate students participating in college-
3650	preparatory instruction, students requiring additional time to
3651	complete the college-level communication and computation skills
3652	testing programs, or students enrolled in a 5-year undergraduate
3653	degree program are eligible to receive financial aid for a
3654	maximum of 10 semesters or 15 quarters.
3655
3656	Reviser's note.--Paragraph (1)(a) is amended to
3657	substitute for a duplicate reference to s. 1009.60.
3658	Inclusion of the cite to s. 1009.68 conforms the list
3659	of cited sections to the comparable list under prior
3660	law. Subsection (3) is amended to improve clarity and
3661	facilitate correct interpretation.
3662
3663	Section 121. Subsection (12) of section 1009.66, Florida
3664	Statutes, is amended to read:
3665	1009.66 Nursing Student Loan Forgiveness Program.--
3666	(12) Students receiving a nursing scholarship pursuant to
3667	s. 1009.67240.4076are not eligible to participate in the
3668	Nursing Student Loan Forgiveness Program.
3669
3670	Reviser's note.--Amended to conform to the repeal of
3671	s. 240.4076 by s. 1058, ch. 2002-387, Laws of Florida,
3672	and the enactment of similar material in s. 1009.67 by
3673	s. 450, ch. 2002-387.
3674
3675	Section 122. Subsections (1) and (2) of section 1009.74,
3676	Florida Statutes, are amended to read:
3677	1009.74 The Theodore R. and Vivian M. Johnson Scholarship
3678	Program.--
3679	(1) There is established the Theodore R. and Vivian M.
3680	Johnson Scholarship Program to be administered by the Department
3681	of Education. The program shall provide scholarships to students
3682	attending a state university. The program shall be funded by
3683	contributions from the Theodore R. and Vivian M. Johnson
3684	Scholarship Foundation and from state matching funds to be
3685	allocated from the Trust Fund for UniversityMajor Gifts.
3686	(2) The amount to be allocated to the program shall be on
3687	the basis of a 50-percent match of funds from the Trust Fund for
3688	UniversityMajor Gifts for each contribution received from the
3689	Theodore R. and Vivian M. Johnson Scholarship Foundation. The
3690	funds allocated to the program, including the corpus and
3691	interest income, shall be expended for scholarships to benefit
3692	disabled students attending a state university.
3693
3694	Reviser's note.--Amended to conform to the complete
3695	name of the fund as provided in s. 1011.94.
3696
3697	Section 123. Subsection (2) of section 1010.07, Florida
3698	Statutes, is amended to read:
3699	1010.07 Bonds or insurance required.--
3700	(2) Contractors paid from school district, community
3701	college, or university funds shall give bond for the faithful
3702	performance of their contracts in such amount and for such
3703	purposes as prescribed by s. 255.05 or by rules of the State
3704	Board of Education relating to the type of contract involved. It
3705	shall be the duty of the district school board, community
3706	college board of trustees, and university board of trustees to
3707	require fromconstruction contractors a bond adequate to protect
3708	the board and the board's funds involved.
3709
3710	Reviser's note.--Amended to improve clarity and
3711	facilitate correct interpretation.
3712
3713	Section 124. Paragraph (i) of subsection (1) of section
3714	1011.62, Florida Statutes, is amended to read:
3715	1011.62 Funds for operation of schools.--If the annual
3716	allocation from the Florida Education Finance Program to each
3717	district for operation of schools is not determined in the
3718	annual appropriations act or the substantive bill implementing
3719	the annual appropriations act, it shall be determined as
3720	follows:
3721	(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
3722	OPERATION.--The following procedure shall be followed in
3723	determining the annual allocation to each district for
3724	operation:
3725	(i) Calculation of full-time equivalent membership with
3726	respect to instruction from community colleges or state
3727	universities.--Students enrolled in community college or
3728	university dual enrollment instruction pursuant to s. 1007.271
3729	may be included in calculations of full-time equivalent student
3730	memberships for basic programs for grades 9 through 12 by a
3731	district school board. Such students may also be calculated as
3732	the proportional shares of full-time equivalent enrollments they
3733	generate for the community college or university conducting the
3734	dual enrollment instruction. Early admission students shall be
3735	considered dual enrollments for funding purposes. Students may
3736	be enrolled in dual enrollment instruction provided by an
3737	eligible independent college or university and may be included
3738	in calculations of full-time equivalent student memberships for
3739	basic programs for grades 9 through 12 by a district school
3740	board. However, those provisions of law which exempt dual
3741	enrolled and early admission students from payment of
3742	instructional materials and tuition and fees, including
3743	laboratory fees, shall not apply to students who select the
3744	option of enrolling in an eligible independent institution. An
3745	independent college or university which is located and chartered
3746	in Florida, is not for profit, is accredited by the Commission
3747	on Colleges of the Southern Association of Colleges and Schools
3748	or the Accrediting Council for Independent Colleges and Schools
3749	Accrediting Commission of the Association of Independent
3750	Colleges and Schools, and which confers degrees as defined in s.
3751	1005.02 shall be eligible for inclusion in the dual enrollment
3752	or early admission program. Students enrolled in dual enrollment
3753	instruction shall be exempt from the payment of tuition and
3754	fees, including laboratory fees. No student enrolled in college
3755	credit mathematics or English dual enrollment instruction shall
3756	be funded as a dual enrollment unless the student has
3757	successfully completed the relevant section of the entry-level
3758	examination required pursuant to s. 1008.30.
3759
3760	Reviser's note.--Amended to improve clarity and
3761	facilitate correct interpretation and to conform to
3762	the correct name of the Accrediting Council for
3763	Independent Colleges and Schools.
3764
3765	Section 125. Subsection (1) of section 1011.94, Florida
3766	Statutes, is amended to read:
3767	1011.94 Trust Fund for University Major Gifts.--
3768	(1) There is established a Trust Fund for University Major
3769	Gifts. The purpose of the trust fund is to enable each
3770	university and New College to provide donors with an incentive
3771	in the form of matching grants for donations for the
3772	establishment of permanent endowments and sales tax exemption
3773	matching funds received pursuant to s. 212.08(5)(j), which must
3774	be invested, with the proceeds of the investment used to support
3775	libraries and instruction and research programs, as defined by
3776	the State Board of Education. All funds appropriated for the
3777	challenge grants, new donors, major gifts, sales tax exemption
3778	matching funds pursuant to s. 212.08(5)(j), or eminent scholars
3779	program must be deposited into the trust fund and invested
3780	pursuant to s. 18.125 until the State Board of Education
3781	allocates the funds to universities to match private donations.
3782	Notwithstanding s. 216.301 and pursuant to s. 216.351, any
3783	undisbursed balance remaining in the trust fund and interest
3784	income accruing to the portion of the trust fund which is not
3785	matched and distributed to universities must remain in the trust
3786	fund and be used to increase the total funds available for
3787	challenge grants. Funds deposited in the trust fund for the
3788	sales tax exemption matching program authorized in s.
3789	212.08(5)(j), and interest earnings thereon, shall be maintained
3790	in a separate account within the Trust Fund for UniversityMajor
3791	Gifts, and may be used only to match qualified sales tax
3792	exemptions that a certified business designates for use by state
3793	universities and community colleges to support research and
3794	development projects requested by the certified business. The
3795	State Board of Education may authorize any university to
3796	encumber the state matching portion of a challenge grant from
3797	funds available under s. 1011.45.
3798
3799	Reviser's note.--Amended to improve clarity,
3800	facilitate correct interpretation, and provide
3801	contextual consistency with the fund name as it exists
3802	elsewhere in this section.
3803
3804	Section 126. Subsection (1) of section 1012.33, Florida
3805	Statutes, is amended to read:
3806	1012.33 Contracts with instructional staff, supervisors,
3807	and school principals.--
3808	(1)(a) Each person employed as a member of the
3809	instructional staff in any district school system shall be
3810	properly certified pursuant to s. 1012.56 or s. 1012.57 or
3811	employed pursuant to s. 1012.39 and shall be entitled to and
3812	shall receive a written contract as specified in this section
3813	chapter 230. All such contracts, except continuing contracts as
3814	specified in subsection (4), shall contain provisions for
3815	dismissal during the term of the contract only for just cause.
3816	Just cause includes, but is not limited to, the following
3817	instances, as defined by rule of the State Board of Education:
3818	misconduct in office, incompetency, gross insubordination,
3819	willful neglect of duty, or conviction of a crime involving
3820	moral turpitude.
3821	(b) A supervisor or school principal shall be properly
3822	certified and shall receive a written contract as specified in
3823	this sectionchapter 1001. Such contract may be for an initial
3824	period not to exceed 3 years, subject to annual review and
3825	renewal. The first 97 days of an initial contract is a
3826	probationary period. During the probationary period, the
3827	employee may be dismissed without cause or may resign from the
3828	contractual position without breach of contract. After the first
3829	3 years, the contract may be renewed for a period not to exceed
3830	3 years and shall contain provisions for dismissal during the
3831	term of the contract only for just cause, in addition to such
3832	other provisions as are prescribed by the district school board.
3833
3834	Reviser's note.--Amended to improve clarity and
3835	facilitate correct interpretation. Chapter 230 was
3836	repealed by s. 1058, ch. 2002-387, Laws of Florida.
3837	Contracts are now provided for in s. 1012.33.
3838
3839	Section 127. Paragraphs (b) and (c) of subsection (2) of
3840	section 1012.74, Florida Statutes, are amended to read:
3841	1012.74 Florida educators professional liability insurance
3842	protection.--
3843	(2)
3844	(b) Educator professional liability coverage shall be
3845	extended at cost to all instructional personnel, as defined by
3846	s. 1012.01(2)1012.01(3), who are part-time personnel, as
3847	defined by the district school board policy, and choose to
3848	participate in the state-provided program.
3849	(c) Educator professional liability coverage shall be
3850	extended at cost to all administrative personnel, as defined by
3851	s. 1012.01(3)1012.01(2), who choose to participate in the
3852	state-provided program.
3853
3854	Reviser's note.--Paragraphs (2)(b) and (c) are amended
3855	to improve clarity and facilitate correct
3856	interpretation. Instructional personnel are defined in
3857	s. 1012.01(2). Administrative personnel are defined in
3858	s. 1012.01(3).
3859
3860	Section 128. Paragraph (b) of subsection (1) of section
3861	1013.31, Florida Statutes, is amended to read:
3862	1013.31 Educational plant survey; localized need
3863	assessment; PECO project funding.--
3864	(1) At least every 5 years, each board shall arrange for
3865	an educational plant survey, to aid in formulating plans for
3866	housing the educational program and student population, faculty,
3867	administrators, staff, and auxiliary and ancillary services of
3868	the district or campus, including consideration of the local
3869	comprehensive plan. The Office of Workforce and Economic
3870	Development shall document the need for additional career and
3871	adult education programs and the continuation of existing
3872	programs before facility construction or renovation related to
3873	career or adult education may be included in the educational
3874	plant survey of a school district or community college that
3875	delivers career or adult education programs. Information used by
3876	the Office of Workforce and Economic Development to establish
3877	facility needs must include, but need not be limited to, labor
3878	market data, needs analysis, and information submitted by the
3879	school district or community college.
3880	(b) Required need assessment criteria for district,
3881	community college, college and state university plant
3882	surveys.-Educational plant surveys must use uniform data sources
3883	and criteria specified in this paragraph. Each revised
3884	educational plant survey and each new educational plant survey
3885	supersedes previous surveys.
3886	1. The school district's survey must be submitted as a
3887	part of the district educational facilities plan defined in s.
3888	1013.35235.185. To ensure that the data reported to the
3889	Department of Education as required by this section is correct,
3890	the department shall annually conduct an onsite review of 5
3891	percent of the facilities reported for each school district
3892	completing a new survey that year. If the department's review
3893	finds the data reported by a district is less than 95 percent
3894	accurate, within 1 year from the time of notification by the
3895	department the district must submit revised reports correcting
3896	its data. If a district fails to correct its reports, the
3897	commissioner may direct that future fixed capital outlay funds
3898	be withheld until such time as the district has corrected its
3899	reports so that they are not less than 95 percent accurate.
3900	2. Each survey of a special facility, joint-use facility,
3901	or cooperative career and technical education facility must be
3902	based on capital outlay full-time equivalent student enrollment
3903	data prepared by the department for school districts, community
3904	colleges, colleges, and universities. A survey of space needs of
3905	a joint-use facility shall be based upon the respective space
3906	needs of the school districts, community colleges, colleges, and
3907	universities, as appropriate. Projections of a school district's
3908	facility space needs may not exceed the norm space and occupant
3909	design criteria established by the State Requirements for
3910	Educational Facilities.
3911	3. Each community college's survey must reflect the
3912	capacity of existing facilities as specified in the inventory
3913	maintained by the Department of Education. Projections of
3914	facility space needs must comply with standards for determining
3915	space needs as specified by rule of the State Board of
3916	Education. The 5-year projection of capital outlay student
3917	enrollment must be consistent with the annual report of capital
3918	outlay full-time student enrollment prepared by the Department
3919	of Education.
3920	4. Each college and state university's survey must reflect
3921	the capacity of existing facilities as specified in the
3922	inventory maintained and validated by the Division of Colleges
3923	and Universities. Projections of facility space needs must be
3924	consistent with standards for determining space needs approved
3925	by the Division of Colleges and Universities. The projected
3926	capital outlay full-time equivalent student enrollment must be
3927	consistent with the 5-year planned enrollment cycle for the
3928	State University System approved by the Division of Colleges and
3929	Universities.
3930	5. The district educational facilities plan of a school
3931	district and the educational plant survey of a community
3932	college, or college or state university may include space needs
3933	that deviate from approved standards for determining space needs
3934	if the deviation is justified by the district or institution and
3935	approved by the department, as necessary for the delivery of an
3936	approved educational program.
3937
3938	Reviser's note.--Amended to conform to the repeal of
3939	s. 235.185 by s. 1058, ch. 2002-387, Laws of Florida,
3940	and the enactment of similar material in s. 1013.35 by
3941	s. 830, ch. 2002-387.
3942
3943	Section 129. Paragraph (c) of subsection (2), paragraphs
3944	(e) and (f) of subsection (3), paragraph (c) of subsection (4),
3945	subsection (5), and paragraph (b) of subsection (7) of section
3946	1013.33, Florida Statutes, are amended to read:
3947	1013.33 Coordination of planning with local governing
3948	bodies.--
3949	(2)
3950	(c) If the student population has declined over the 5-year
3951	period preceding the due date for submittal of an interlocal
3952	agreement by the local government and the district school board,
3953	the local government and district school board may petition the
3954	state land planning agency for a waiver of one or more of the
3955	requirements of subsection (3). The waiver must be granted if
3956	the procedures called for in subsection (3) are unnecessary
3957	because of the school district's declining school age
3958	population, considering the district's 5-year work program
3959	prepared pursuant to s. 1013.35235.185. The state land planning
3960	agency may modify or revoke the waiver upon a finding that the
3961	conditions upon which the waiver was granted no longer exist.
3962	The district school board and local governments must submit an
3963	interlocal agreement within 1 year after notification by the
3964	state land planning agency that the conditions for a waiver no
3965	longer exist.
3966	(3) At a minimum, the interlocal agreement must address
3967	the following issues:
3968	(e) A process for the school board to inform the local
3969	government regarding school capacity. The capacity reporting
3970	must be consistent with laws and rules regarding measurement of
3971	school facility capacity and must also identify how the district
3972	school board will meet the public school demand based on the
3973	facilities work program adopted pursuant to s. 1013.35235.185.
3974	(f) Participation of the local governments in the
3975	preparation of the annual update to the school board's 5-year
3976	district facilities work program and educational plant survey
3977	prepared pursuant to s. 1013.35235.185.
3978
3979	A signatory to the interlocal agreement may elect not to include
3980	a provision meeting the requirements of paragraph (e); however,
3981	such a decision may be made only after a public hearing on such
3982	election, which may include the public hearing in which a
3983	district school board or a local government adopts the
3984	interlocal agreement. An interlocal agreement entered into
3985	pursuant to this section must be consistent with the adopted
3986	comprehensive plan and land development regulations of any local
3987	government that is a signatory.
3988	(4)
3989	(c) If the state land planning agency enters a final order
3990	that finds that the interlocal agreement is inconsistent with
3991	the requirements of subsection(3) or this subsection, the state
3992	land planning agency shall forward it to the Administration
3993	Commission, which may impose sanctions against the local
3994	government pursuant to s. 163.3184(11) and may impose sanctions
3995	against the district school board by directing the Department of
3996	Education to withhold an equivalent amount of funds for school
3997	construction available pursuant to ss. 1013.65, 1013.68,
3998	1013.70, and 1013.72235.187, 235.216, 235.2195, and 235.42.
3999	(5) If an executed interlocal agreement is not timely
4000	submitted to the state land planning agency for review, the
4001	state land planning agency shall, within 15 working days after
4002	the deadline for submittal, issue to the local government and
4003	the district school board a notice to show cause why sanctions
4004	should not be imposed for failure to submit an executed
4005	interlocal agreement by the deadline established by the agency.
4006	The agency shall forward the notice and the responses to the
4007	Administration Commission, which may enter a final order citing
4008	the failure to comply and imposing sanctions against the local
4009	government and district school board by directing the
4010	appropriate agencies to withhold at least 5 percent of state
4011	funds pursuant to s. 163.3184(11) and by directing the
4012	Department of Education to withhold from the district school
4013	board at least 5 percent of funds for school construction
4014	available pursuant to ss. 1013.65, 1013.68, 1013.70, and 1013.72
4015	235.187, 235.216, 235.2195, and 235.42.
4016	(7) Except as provided in subsection (8), municipalities
4017	having no established need for a new facility and meeting the
4018	following criteria are exempt from the requirements of
4019	subsections (2), (3) and (4):
4020	(b) The district school board's 5-year facilities work
4021	program and the long-term 10-year and 20-year work programs, as
4022	provided in s. 1013.35235.185, demonstrate that no new school
4023	facility is needed in the municipality. In addition, the
4024	district school board must verify in writing that no new school
4025	facility will be needed in the municipality within the 5-year
4026	and 10-year timeframes.
4027
4028	Reviser's note.--Paragraphs (2)(c), (3)(e) and (f),
4029	and (7)(b) are amended to conform to the repeal of s.
4030	235.185 by s. 1058, ch. 2002-387, Laws of Florida, and
4031	the enactment of similar material in s. 1013.35 by s.
4032	830, ch. 2002-387. Paragraph (4)(c) and subsection (5)
4033	are amended to conform to the repeal of ss. 235.187,
4034	235.216, 235.2195, and 235.42 by s. 1058, ch. 2002-
4035	387, and the enactment of similar material in ss.
4036	1013.68, 1013.72, 1013.70, and 1013.65, respectively,
4037	by ss. 865, 869, 867, and 862, ch. 2002-387,
4038	respectively.
4039
4040	Section 130. Paragraphs (b) and (f) of subsection (2), and
4041	subsection (3) of section 1013.35, Florida Statutes, are amended
4042	to read:
4043	1013.35 School district educational facilities plan;
4044	definitions; preparation, adoption, and amendment; long-term
4045	work programs.--
4046	(2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
4047	FACILITIES PLAN.--
4048	(b) The plan must also include a financially feasible
4049	district facilities work program for a 5-year period. The work
4050	program must include:
4051	1. A schedule of major repair and renovation projects
4052	necessary to maintain the educational facilities and ancillary
4053	facilities of the district.
4054	2. A schedule of capital outlay projects necessary to
4055	ensure the availability of satisfactory student stations for the
4056	projected student enrollment in K-12 programs. This schedule
4057	shall consider:
4058	a. The locations, capacities, and planned utilization
4059	rates of current educational facilities of the district. The
4060	capacity of existing satisfactory facilities, as reported in the
4061	Florida Inventory of School Houses must be compared to the
4062	capital outlay full-time-equivalent student enrollment as
4063	determined by the department, including all enrollment used in
4064	the calculation of the distribution formula in s. 1013.64
4065	235.435(3).
4066	b. The proposed locations of planned facilities, whether
4067	those locations are consistent with the comprehensive plans of
4068	all affected local governments, and recommendations for
4069	infrastructure and other improvements to land adjacent to
4070	existing facilities. The provisions of ss. 1013.33(12), (13),
4071	and (14) and 1013.36235.19 and 235.193(12), (13), and (14)must
4072	be addressed for new facilities planned within the first 3 years
4073	of the work plan, as appropriate.
4074	c. Plans for the use and location of relocatable
4075	facilities, leased facilities, and charter school facilities.
4076	d. Plans for multitrack scheduling, grade level
4077	organization, block scheduling, or other alternatives that
4078	reduce the need for additional permanent student stations.
4079	e. Information concerning average class size and
4080	utilization rate by grade level within the district which will
4081	result if the tentative district facilities work program is
4082	fully implemented.
4083	f. The number and percentage of district students planned
4084	to be educated in relocatable facilities during each year of the
4085	tentative district facilities work program. For determining
4086	future needs, student capacity may not be assigned to any
4087	relocatable classroom that is scheduled for elimination or
4088	replacement with a permanent educational facility in the current
4089	year of the adopted district educational facilities plan and in
4090	the district facilities work program adopted under this section.
4091	Those relocatable classrooms clearly identified and scheduled
4092	for replacement in a school-board-adopted, financially feasible,
4093	5-year district facilities work program shall be counted at zero
4094	capacity at the time the work program is adopted and approved by
4095	the school board. However, if the district facilities work
4096	program is changed and the relocatable classrooms are not
4097	replaced as scheduled in the work program, the classrooms must
4098	be reentered into the system and be counted at actual capacity.
4099	Relocatable classrooms may not be perpetually added to the work
4100	program or continually extended for purposes of circumventing
4101	this section. All relocatable classrooms not identified and
4102	scheduled for replacement, including those owned, lease-
4103	purchased, or leased by the school district, must be counted at
4104	actual student capacity. The district educational facilities
4105	plan must identify the number of relocatable student stations
4106	scheduled for replacement during the 5-year survey period and
4107	the total dollar amount needed for that replacement.
4108	g. Plans for the closure of any school, including plans
4109	for disposition of the facility or usage of facility space, and
4110	anticipated revenues.
4111	h. Projects for which capital outlay and debt service
4112	funds accruing under s. 9(d), Art. XII of the State Constitution
4113	are to be used shall be identified separately in priority order
4114	on a project priority list within the district facilities work
4115	program.
4116	3. The projected cost for each project identified in the
4117	district facilities work program. For proposed projects for new
4118	student stations, a schedule shall be prepared comparing the
4119	planned cost and square footage for each new student station, by
4120	elementary, middle, and high school levels, to the low, average,
4121	and high cost of facilities constructed throughout the state
4122	during the most recent fiscal year for which data is available
4123	from the Department of Education.
4124	4. A schedule of estimated capital outlay revenues from
4125	each currently approved source which is estimated to be
4126	available for expenditure on the projects included in the
4127	district facilities work program.
4128	5. A schedule indicating which projects included in the
4129	district facilities work program will be funded from current
4130	revenues projected in subparagraph 4.
4131	6. A schedule of options for the generation of additional
4132	revenues by the district for expenditure on projects identified
4133	in the district facilities work program which are not funded
4134	under subparagraph 5. Additional anticipated revenues may
4135	include effort index grants, SIT Program awards, and Classrooms
4136	First funds.
4137	(f) Commencing on October 1, 2002, and not less than once
4138	every 5 years thereafter, the district school board shall
4139	contract with a qualified, independent third party to conduct a
4140	financial management and performance audit of the educational
4141	planning and construction activities of the district. An audit
4142	conducted by the Office of Program Policy Analysis and
4143	Government Accountability and the Auditor General pursuant to s.
4144	1008.35230.23025satisfies this requirement.
4145	(3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL FACILITIES
4146	PLAN TO LOCAL GOVERNMENT.--The district school board shall
4147	submit a copy of its tentative district educational facilities
4148	plan to all affected local governments prior to adoption by the
4149	board. The affected local governments shall review the tentative
4150	district educational facilities plan and comment to the district
4151	school board on the consistency of the plan with the local
4152	comprehensive plan, whether a comprehensive plan amendment will
4153	be necessary for any proposed educational facility, and whether
4154	the local government supports a necessary comprehensive plan
4155	amendment. If the local government does not support a
4156	comprehensive plan amendment for a proposed educational
4157	facility, the matter shall be resolved pursuant to the
4158	interlocal agreement when required by ss. 163.3177(6)(h),
4159	163.31777, and 1013.33(2)235.193(2). The process for the
4160	submittal and review shall be detailed in the interlocal
4161	agreement when required pursuant to ss. 163.3177(6)(h),
4162	163.31777, and 1013.33(2)235.193(2).
4163
4164	Reviser's note.--Paragraph (2)(b) is amended to
4165	conform to the repeal of ss. 235.435, 235.19, and
4166	235.193 by s. 1058, ch. 2002-387, Laws of Florida, and
4167	the enactment of similar material in ss. 1013.64,
4168	1013.36, and 1013.33, respectively, by ss. 861, 831,
4169	and 828, ch. 2002-387, respectively. Paragraph(2)(f)
4170	is amended to conform to the repeal of s. 230.23025 by
4171	s. 1058, ch. 2002-387, and the enactment of similar
4172	material in s. 1008.35 by s. 380, ch. 2002-387.
4173	Subsection (3) is amended to conform to the repeal of
4174	s. 235.193 by s. 1058, ch. 2002-387, and the enactment
4175	of similar material in s. 1013.33 by s. 828, ch. 2002-
4176	387.
4177
4178	Section 131. Subsection (2) of section 1013.356, Florida
4179	Statutes, is amended to read:
4180	1013.356 Local funding for educational facilities benefit
4181	districts or community development districts.--Upon confirmation
4182	by a district school board of the commitment of revenues by an
4183	educational facilities benefit district or community development
4184	district necessary to construct and maintain an educational
4185	facility contained within an individual district facilities work
4186	program or proposed by an approved charter school or a charter
4187	school applicant, the following funds shall be provided to the
4188	educational facilities benefit district or community development
4189	district annually, beginning with the next fiscal year after
4190	confirmation until the district's financial obligations are
4191	completed:
4192	(2) For construction and capital maintenance costs not
4193	covered by the funds provided under subsection (1), an annual
4194	amount contributed by the district school board equal to one-
4195	half of the remaining costs of construction and capital
4196	maintenance of the educational facility. Any construction costs
4197	above the cost-per-student criteria established for the SIT
4198	Program in s. 1013.72(2)235.216(2)shall be funded exclusively
4199	by the educational facilities benefit district or the community
4200	development district. Funds contributed by a district school
4201	board shall not be used to fund operational costs.
4202
4203	Educational facilities funded pursuant to this act may be
4204	constructed on land that is owned by any person after the
4205	district school board has acquired from the owner of the land a
4206	long-term lease for the use of this land for a period of not
4207	less than 40 years or the life expectancy of the permanent
4208	facilities constructed thereon, whichever is longer. All
4209	interlocal agreements entered into pursuant to this act shall
4210	provide for ownership of educational facilities funded pursuant
4211	to this act to revert to the district school board if such
4212	facilities cease to be used for public educational purposes
4213	prior to 40 years after construction or prior to the end of the
4214	life expectancy of the educational facilities, whichever is
4215	longer.
4216
4217	Reviser's note.--Amended to conform to the repeal of
4218	s. 235.216 by s. 1058, ch. 2002-387, Laws of Florida,
4219	and the enactment of similar material in s. 1013.72 by
4220	s. 869, ch. 2002-387.
4221
4222	Section 132. Subsection (6) of section 1013.36, Florida
4223	Statutes, is amended to read:
4224	1013.36 Site planning and selection.--
4225	(6) If the school board and local government have entered
4226	into an interlocal agreement pursuant to s. 1013.33(2)
4227	235.193(2)and either s. 163.3177(6)(h)4. or s. 163.31777 or
4228	have developed a process to ensure consistency between the local
4229	government comprehensive plan and the school district
4230	educational facilities plan, site planning and selection must be
4231	consistent with the interlocal agreements and the plans.
4232
4233	Reviser's note.--Amended to conform to the repeal of
4234	s. 235.193 by s. 1058, ch. 2002-387, Laws of Florida,
4235	and the enactment of similar material in s. 1013.33 by
4236	s. 828, ch. 2002-387.
4237
4238	Section 133. Subsection (6) of section 1013.68, Florida
4239	Statutes, is amended to read:
4240	1013.68 Classrooms First Program; uses.--
4241	(6) School districts may enter into interlocal agreements
4242	to lend their Classrooms First Program funds as provided in
4243	paragraph (2)(c). A school district or multiple school
4244	districts that receive cash proceeds may, after considering
4245	their own new construction needs outlined in their 5-year
4246	district facilities work program, lend their Classrooms First
4247	Program funds to another school district that has need for new
4248	facilities. The interlocal agreement must be approved by the
4249	Commissioner of EducationSecretary of Educationand must
4250	outline the amount of the funds to be lent, the term of the
4251	loan, the repayment schedule, and any interest amount to be
4252	repaid in addition to the principal amount of the loan.
4253
4254	Reviser's note.--Amended to improve clarity and
4255	facilitate correct interpretation. Florida does not
4256	have a Secretary of Education. Interlocal agreements
4257	are approved by the Commissioner of Education.
4258
4259	Section 134. This act shall take effect on the 60th day
4260	after adjournment sine die of the session of the Legislature in
4261	which enacted.