Senate Bill sb0580
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Florida Senate - 2003 (NP) SB 580
By Senator Lee
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1 A reviser's bill to be entitled
2 An act relating to the Florida Statutes;
3 amending ss. 8.0001, 24.121, 27.710, 57.085,
4 61.517, 106.07, 112.19, 112.191, 119.07,
5 154.01, 163.31776, 163.31777, 196.1983,
6 199.282, 210.20, 220.1501, 243.20, 267.173,
7 288.1067, 288.7091, 295.0185, 318.14, 322.051,
8 335.14, 341.8201, 381.0068, 381.60225,
9 395.2050, 400.0089, 400.23, 402.305, 402.3131,
10 403.706, 406.51, 409.1451, 409.815, 409.91196,
11 409.912, 411.01, 435.03, 440.102, 440.15,
12 445.0121, 467.0125, 470.002, 470.019, 470.036,
13 489.510, 496.404, 499.033, 499.051, 501.608,
14 507.05, 517.12, 553.73, 562.11, 562.111,
15 624.04, 624.303, 624.313, 624.317, 624.501,
16 624.504, 624.521, 624.523, 626.022, 626.112,
17 626.266, 626.321, 626.461, 626.733, 626.7354,
18 626.741, 626.753, 626.829, 626.852, 626.9541,
19 627.3111, 627.351, 628.255, 631.111, 633.01,
20 634.171, 634.420, 641.35, 642.034, 642.036,
21 642.045, 648.355, 679.703, 679.704, 765.5216,
22 765.522, 768.16, 768.17, 768.18, 790.06,
23 921.0022, 943.22, 943.66, 945.355, 1000.01,
24 1004.07, 1004.22, 1004.32, 1004.45, 1004.92,
25 1008.35, 1009.40, 1009.66, 1009.74, 1010.07,
26 1011.62, 1011.94, 1012.33, 1012.74, 1013.31,
27 1013.33, 1013.35, 1013.356, 1013.36, and
28 1013.68, F.S.; amending and transferring and
29 renumbering s. 381.6025, F.S.; transferring and
30 renumbering ss. 381.0602, 381.6021, 381.6022,
31 381.6023, 381.6024, and 381.6026, F.S.;
1
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1 reenacting ss. 121.055(4)(d), 316.640(1)(b),
2 and 440.20(6), F.S.; and repealing ss. 20.12,
3 20.13, 288.109(10), 334.0445, 400.191(2)(b)10.,
4 and 420.504(9), F.S., pursuant to s. 11.242,
5 F.S.; deleting provisions that have expired,
6 have become obsolete, have had their effect,
7 have served their purpose, or have been
8 impliedly repealed or superseded; replacing
9 incorrect cross-references and citations;
10 correcting grammatical, typographical, and like
11 errors; removing inconsistencies, redundancies,
12 and unnecessary repetition in the statutes;
13 improving the clarity of the statutes and
14 facilitating their correct interpretation; and
15 confirming the restoration of provisions
16 unintentionally omitted from republication in
17 the acts of the Legislature during the
18 amendatory process.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (b) of subsection (2) of section
23 8.0001, Florida Statutes, is amended to read:
24 8.0001 Definitions.--In accordance with s. 8(a),
25 Article X of the State Constitution, the United States
26 Decennial Census of 2000 is the official census of the state
27 for the purposes of congressional redistricting.
28 (2) As used in this chapter, the term:
29 (b) "Block group" means a cluster of blocks within a
30 tract track which have the same first digit in their block
31 identification number.
2
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1 Reviser's note.--Amended to improve clarity and
2 facilitate correct interpretation.
3
4 Section 2. Section 20.12, Florida Statutes, is
5 repealed.
6
7 Reviser's note.--Repeals an obsolete provision.
8 The functions of the Department of Banking and
9 Finance were transferred to the Department of
10 Financial Services or the Financial Services
11 Commission by ch. 2002-404, Laws of Florida.
12
13 Section 3. Section 20.13, Florida Statutes, is
14 repealed.
15
16 Reviser's note.--Repeals an obsolete provision.
17 The functions of the Department of Insurance
18 were transferred to the Department of Financial
19 Services or the Financial Services Commission
20 by ch. 2002-404, Laws of Florida.
21
22 Section 4. Paragraph (d) of subsection (5) of section
23 24.121, Florida Statutes, is amended to read:
24 24.121 Allocation of revenues and expenditure of funds
25 for public education.--
26 (5)
27 (d) No funds shall be released for any purpose from
28 the Educational Enhancement Trust Fund to any school district
29 in which one or more schools do not have an approved school
30 improvement plan pursuant to s. 1001.42(16) or do not comply
31 with school advisory council membership composition
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1 requirements pursuant to s. 1001.452(1). 229.58(1). Effective
2 July 1, 2002, The Commissioner of Education shall withhold
3 disbursements from the trust fund to any school district that
4 fails to adopt the performance-based salary schedule required
5 by s. 1012.22(1).
6
7 Reviser's note.--Amended to conform to the
8 repeal of s. 229.58 by s. 1058, ch. 2002-387,
9 Laws of Florida, and the enactment of similar
10 material in s. 1001.452(1) by s. 59, ch.
11 2002-387; and to delete obsolete language.
12
13 Section 5. Subsection (1) of section 27.710, Florida
14 Statutes, is amended to read:
15 27.710 Registry of attorneys applying to represent
16 persons in postconviction capital collateral proceedings;
17 certification of minimum requirements; appointment by trial
18 court.--
19 (1) The executive director of the Commission on
20 Capital Cases shall compile and maintain a statewide registry
21 of attorneys in private practice who have certified that they
22 meet the minimum requirements of s. 27.704(2), who are
23 available for appointment by the court under this section to
24 represent persons convicted and sentenced to death in this
25 state in postconviction collateral proceedings, and who have
26 attended within the last year a continuing legal education
27 program of at least 10 hours' duration devoted specifically to
28 the defense of capital cases, if available. Continuing legal
29 education programs meeting the requirements of this rule
30 offered by The Florida Bar or another recognized provider and
31 approved for continuing legal education credit by The Florida
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1 Bar shall satisfy this requirement. The failure to comply with
2 this requirement may be cause for removal from the list until
3 the requirement is fulfilled. To ensure that sufficient
4 attorneys are available for appointment by the court, when the
5 number of attorneys on the registry falls below 50, the
6 executive director shall notify the chief judge of each
7 circuit by letter and request the chief judge to promptly
8 submit the names of at least three private attorneys who
9 regularly practice criminal law in that circuit and who appear
10 to meet the minimum requirements to represent persons in
11 postconviction capital collateral proceedings. The executive
12 director shall send an application to each attorney identified
13 by the chief judge so that the attorney may register for
14 appointment as counsel in postconviction capital collateral
15 proceedings. As necessary, the executive director may also
16 advertise in legal publications and other appropriate media
17 for qualified attorneys interested in registering for
18 appointment as counsel in postconviction capital collateral
19 proceedings. Not later than September 1 of each year, and as
20 necessary thereafter, the executive director shall provide to
21 the Chief Justice of the Supreme Court, the chief judge and
22 state attorney in each judicial circuit, and the Attorney
23 General a current copy of its registry of attorneys who are
24 available for appointment as counsel in postconviction capital
25 collateral proceedings. The registry must be indexed by
26 judicial circuit and must contain the requisite information
27 submitted by the applicants in accordance with this section.
28
29 Reviser's note.--Amended to improve clarity and
30 facilitate correct interpretation.
31
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1 Section 6. Subsection (2) of section 57.085, Florida
2 Statutes, is amended to read:
3 57.085 Waiver of prepayment of court costs and fees
4 for indigent prisoners.--
5 (2) When a prisoner who is intervening in or
6 initiating a judicial proceeding seeks waiver of prepayment of
7 court costs and fees because of indigency, the prisoner must
8 file an affidavit of indigency with the appropriate clerk of
9 the court. The affidavit must contain complete information
10 about the prisoner's identity; the nature and amount of the
11 prisoner's income; all real property owned by the prisoner;
12 all tangible and intangible property worth more than $100
13 which is owned by the prisoner; the amount of cash held by the
14 prisoner; the balance of any checking, savings, or money
15 market account held by the prisoner; the prisoner's
16 dependents, including their names and ages; the prisoner's
17 debts, including the name of each creditor debtor and the
18 amount owed to each creditor debtor; and the prisoner's
19 monthly expenses. The prisoner must certify in the affidavit
20 whether the prisoner has been adjudicated indigent under this
21 section, certified indigent under s. 57.081, or authorized to
22 proceed as an indigent under 28 U.S.C. s. 1915 by a federal
23 court. The prisoner must attach to the affidavit a photocopy
24 of the prisoner's trust account records for the preceding 6
25 months or for the length of the prisoner's incarceration,
26 whichever period is shorter. The affidavit must contain the
27 following statements: "I am unable to pay court costs and
28 fees. Under penalty of perjury, I swear or affirm that all
29 statements in this affidavit are true and complete."
30
31
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1 Reviser's note.--Amended to correct an apparent
2 error and conform to context.
3
4 Section 7. Subsection (2) of section 61.517, Florida
5 Statutes, is amended to read:
6 61.517 Temporary emergency jurisdiction.--
7 (2) If there is no previous child custody
8 determination that is entitled to be enforced under this part,
9 and a child custody proceeding has not been commenced in a
10 court of a state having jurisdiction under ss. 61.514-61.516
11 61.514-61.616, a child custody determination made under this
12 section remains in effect until an order is obtained from a
13 court of a state having jurisdiction under ss. 61.514-61.516.
14 If a child custody proceeding has not been or is not commenced
15 in a court of a state having jurisdiction under ss.
16 61.514-61.516, a child custody determination made under this
17 section becomes a final determination if it so provides and
18 this state becomes the home state of the child.
19
20 Reviser's note.--Amended to correct an apparent
21 error and facilitate correct interpretation.
22 Section 61.616 does not exist; the reference is
23 consistent with s. 61.516.
24
25 Section 8. Paragraph (b) of subsection (8) of section
26 106.07, Florida Statutes, is amended to read:
27 106.07 Reports; certification and filing.--
28 (8)
29 (b) Upon determining that a report is late, the filing
30 officer shall immediately notify the candidate or chair of the
31 political committee as to the failure to file a report by the
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1 designated due date and that a fine is being assessed for each
2 late day. The fine shall be $50 per day for the first 3 days
3 late and, thereafter, $500 per day for each late day, not to
4 exceed 25 percent of the total receipts or expenditures,
5 whichever is greater, for the period covered by the late
6 report. However, for the reports immediately preceding each
7 primary and general election, the fine shall be $500 per day
8 for each late day, not to exceed 25 percent of the total
9 receipts or expenditures, whichever is if greater, for the
10 period covered by the late report. For reports required under
11 s. 106.141(7), the fine is $50 per day for each late day, not
12 to exceed 25 percent of the total receipts or expenditures,
13 whichever is greater, for the period covered by the late
14 report. Upon receipt of the report, the filing officer shall
15 determine the amount of the fine which is due and shall notify
16 the candidate or chair. The filing officer shall determine
17 the amount of the fine due based upon the earliest of the
18 following:
19 1. When the report is actually received by such
20 officer.
21 2. When the report is postmarked.
22 3. When the certificate of mailing is dated.
23 4. When the receipt from an established courier
24 company is dated.
25
26 Such fine shall be paid to the filing officer within 20 days
27 after receipt of the notice of payment due, unless appeal is
28 made to the Florida Elections Commission pursuant to paragraph
29 (c). In the case of a candidate, such fine shall not be an
30 allowable campaign expenditure and shall be paid only from
31 personal funds of the candidate. An officer or member of a
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1 political committee shall not be personally liable for such
2 fine.
3
4 Reviser's note.--Amended to improve clarity and
5 facilitate correct interpretation.
6
7 Section 9. Subsection (3) of section 112.19, Florida
8 Statutes, as amended by section 1 of chapter 2002-232, Laws of
9 Florida, is amended to read:
10 112.19 Law enforcement, correctional, and correctional
11 probation officers; death benefits.--
12 (3) If a law enforcement, correctional, or
13 correctional probation officer is accidentally killed as
14 specified in paragraph (2)(b) on or after June 22, 1990, or
15 unlawfully and intentionally killed as specified in paragraph
16 (2)(c) on or after July 1, 1980, the state shall waive certain
17 educational expenses that children of the deceased officer
18 incur while obtaining a vocational-technical certificate, an
19 undergraduate education, or a graduate or postbaccalaureate
20 professional degree. The amount waived by the state shall be
21 an amount equal to the cost of tuition, matriculation, and
22 other statutorily authorized fees for a total of 120 credit
23 hours for a vocational-technical certificate or an
24 undergraduate education. For a child pursuing a graduate or
25 postbaccalaureate professional degree, the amount waived shall
26 equal the cost of matriculation and other statutorily
27 authorized fees incurred while the child continues to fulfill
28 the professional requirements associated with the graduate or
29 postbaccalaureate professional degree program, and eligibility
30 continues until the child's 29th birthday. The child may
31 attend a state vocational-technical school, a state community
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1 college, or a state university. The child may attend any or
2 all of the institutions specified in this subsection, on
3 either a full-time or part-time basis. For a child pursuing a
4 vocational-technical certificate or an undergraduate
5 education, the benefits provided under this subsection shall
6 continue to the child until the child's 25th birthday. To be
7 eligible for the benefits provided under this subsection for
8 enrollment in a graduate or postbaccalaureate professional
9 degree program, the child must be a state resident, as defined
10 in s. 1009.21 240.1201, at the time of enrollment.
11 (a) Upon failure of any child benefited by the
12 provisions of this section to comply with the ordinary and
13 minimum requirements of the institution attended, both as to
14 discipline and scholarship, the benefits shall be withdrawn as
15 to the child and no further moneys may be expended for the
16 child's benefits so long as such failure or delinquency
17 continues.
18 (b) Only a student in good standing in his or her
19 respective institution may receive the benefits thereof.
20 (c) A child receiving benefits under this section must
21 be enrolled according to the customary rules and requirements
22 of the institution attended.
23
24 Reviser's note.--Amended to conform to the
25 repeal of s. 240.1201 by s. 1058, ch. 2002-387,
26 Laws of Florida, and the enactment of similar
27 material in s. 1009.21 by s. 400, ch. 2002-387.
28
29 Section 10. Subsection (3) of section 112.191, Florida
30 Statutes, as amended by section 2 of chapter 2002-232, Laws of
31 Florida, is amended to read:
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1 112.191 Firefighters; death benefits.--
2 (3) If a firefighter is accidentally killed as
3 specified in paragraph (2)(b) on or after June 22, 1990, or
4 unlawfully and intentionally killed as specified in paragraph
5 (2)(c), on or after July 1, 1980, the state shall waive
6 certain educational expenses that children of the deceased
7 firefighter incur while obtaining a vocational-technical
8 certificate, an undergraduate education, or a graduate or
9 postbaccalaureate professional degree. The amount waived by
10 the state shall be an amount equal to the cost of tuition,
11 matriculation, and other statutorily authorized fees for a
12 total of 120 credit hours for a vocational-technical
13 certificate or an undergraduate education. For a child
14 pursuing a graduate or postbaccalaureate professional degree,
15 the amount waived shall equal the cost of matriculation and
16 other statutorily authorized fees incurred while the child
17 continues to fulfill the professional requirements associated
18 with the graduate or postbaccalaureate professional degree
19 program, and eligibility continues until the child's 29th
20 birthday. The child may attend a state vocational-technical
21 school, a state community college, or a state university. The
22 child may attend any or all of the institutions specified in
23 this subsection, on either a full-time or part-time basis. For
24 a child pursuing a vocational-technical certificate or an
25 undergraduate education, the benefits provided under this
26 subsection shall continue to such a child until the child's
27 25th birthday. To be eligible for the benefits provided under
28 this subsection for enrollment in a graduate or
29 postbaccalaureate professional degree program, the child must
30 be a state resident, as defined in s. 1009.21 240.1201, at the
31 time of enrollment.
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1 (a) Upon failure of any child benefited by the
2 provisions of this section to comply with the ordinary and
3 minimum requirements of the institution attended, both as to
4 discipline and scholarship, the benefits thereof shall be
5 withdrawn as to the child and no further moneys expended for
6 the child's benefits so long as such failure or delinquency
7 continues.
8 (b) Only students in good standing in their respective
9 institutions shall receive the benefits thereof.
10 (c) All children receiving benefits under this section
11 shall be enrolled according to the customary rules and
12 requirements of the institution attended.
13
14 Reviser's note.--Amended to conform to the
15 repeal of s. 240.1201 by s. 1058, ch. 2002-387,
16 Laws of Florida, and the enactment of similar
17 material in s. 1009.21 by s. 400, ch. 2002-387.
18
19 Section 11. Paragraph (ff) of subsection (3) of
20 section 119.07, Florida Statutes, is amended to read:
21 119.07 Inspection, examination, and duplication of
22 records; exemptions.--
23 (3)
24 (ff)1. Until January 1, 2006, if a social security
25 number, made confidential and exempt pursuant to s. 119.0721
26 119.072, created pursuant to s. 1, ch. 2002-256, passed during
27 the 2002 regular legislative session, or a complete bank
28 account, debit, charge, or credit card number made exempt
29 pursuant to paragraph (dd) s. 119.07(ee), created pursuant to
30 s. 1, ch. 2002-257, passed during the 2002 regular legislative
31 session, is or has been included in a court file, such number
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1 may be included as part of the court record available for
2 public inspection and copying unless redaction is requested by
3 the holder of such number, or by the holder's attorney or
4 legal guardian, in a signed, legibly written request
5 specifying the case name, case number, document heading, and
6 page number. The request must be delivered by mail, facsimile,
7 electronic transmission, or in person to the clerk of the
8 court. The clerk of the court does not have a duty to inquire
9 beyond the written request to verify the identity of a person
10 requesting redaction. A fee may not be charged for the
11 redaction of a social security number or a bank account,
12 debit, charge, or credit card number pursuant to such request.
13 2. Any person who prepares or files a document to be
14 recorded in the official records by the county recorder as
15 provided in chapter 28 may not include a person's social
16 security number or complete bank account, debit, charge, or
17 credit card number in that document unless otherwise expressly
18 required by law. Until January 1, 2006, if a social security
19 number or a complete bank account, debit, charge or credit
20 card number is or has been included in a document presented to
21 the county recorder for recording in the official records of
22 the county, such number may be made available as part of the
23 official record available for public inspection and copying.
24 Any person, or his or her attorney or legal guardian, may
25 request that a county recorder remove from an image or copy of
26 an official record placed on a county recorder's publicly
27 available Internet website, or a publicly available Internet
28 website used by a county recorder to display public records
29 outside the office or otherwise made electronically available
30 outside the county recorder's office to the general public,
31 his or her social security number or complete account, debit,
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1 charge, or credit card number contained in that official
2 record. Such request must be legibly written, signed by the
3 requester, and delivered by mail, facsimile, electronic
4 transmission, or in person to the county recorder. The request
5 must specify the identification page number of the document
6 that contains the number to be redacted. The county recorder
7 does not have a duty to inquire beyond the written request to
8 verify the identity of a person requesting redaction. A fee
9 may not be charged for redacting such numbers.
10 3. Upon the effective date of this act, subsections
11 (3) and (4) of s. 119.0721 119.072, do not apply to the clerks
12 of the court or the county recorder with respect to court
13 records and official records.
14 4. On January 1, 2006, and thereafter, the clerk of
15 the court and the county recorder must keep complete bank
16 account, debit, charge, and credit card numbers exempt as
17 provided for in paragraph (dd) s. 119.07(3)(ee), and must keep
18 social security numbers confidential and exempt as provided
19 for in s. 119.0721 119.072, without any person having to
20 request redaction.
21
22 Reviser's note.--Amended to conform to the
23 redesignation of the referenced s. 119.072 as
24 s. 119.0721 and the redesignation of s.
25 119.07(3)(ee) as s. 119.07(3)(dd) by the
26 reviser incident to compiling the 2002 Florida
27 Statutes.
28
29 Section 12. Paragraph (d) of subsection (4) of section
30 121.055, Florida Statutes, is reenacted to read:
31
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1 121.055 Senior Management Service Class.--There is
2 hereby established a separate class of membership within the
3 Florida Retirement System to be known as the "Senior
4 Management Service Class," which shall become effective
5 February 1, 1987.
6 (4)
7 (d) A member of the Senior Management Service Class
8 shall receive retirement credit at the rate of 2 percent of
9 average final compensation for each year of service in such
10 class after January 31, 1987.
11
12 Reviser's note.--Section 5, ch. 2002-273, Laws
13 of Florida, purported to amend paragraph (4)(d)
14 but failed to publish the amended paragraph.
15 Absent affirmative evidence that the
16 Legislature intended to repeal it, paragraph
17 (4)(d) is reenacted to confirm that the
18 omission was not intended.
19
20 Section 13. Subsection (3) of section 154.01, Florida
21 Statutes, is amended to read:
22 154.01 County health department delivery system.--
23 (3) The Department of Health shall enter into
24 contracts with the several counties for the purposes of this
25 part. All contracts shall be negotiated and approved by the
26 appropriate local governing bodies and the appropriate
27 district administrators on behalf of the department. In
28 accordance with federal guidelines, the state may utilize
29 federal funds for county health department services. A
30 standard contract format shall be developed and used by the
31 department in contract negotiations. The contract shall
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1 include the three levels of county health department services
2 outlined in subsection (2) above and shall contain a section
3 which stipulates, for the contract year:
4 (a) All revenue sources, including federal, state, and
5 local general revenue, fees, and other cash contributions,
6 which shall be used by the county health department for county
7 health department services;
8 (b) The types of services to be provided in each level
9 of service;
10 (c) The estimated number of clients, where applicable,
11 who will be served, by type of service;
12 (d) The estimated number of services, where
13 applicable, that will be provided, by type of service;
14 (e) The estimated number of staff positions (full-time
15 equivalent positions) who will work in each type of service
16 area; and
17 (f) The estimated expenditures for each type of
18 service and for each level of service.
19
20 The contract shall also provide for financial and service
21 reporting for each type of service according to standard
22 service and reporting procedures established by the
23 department.
24
25 Reviser's note.--Amended to delete an obsolete
26 reference to district administrators that
27 remains from the time when the State Health
28 Officer was under the former Department of
29 Health and Rehabilitative Services. The
30 Department of Health does not have districts or
31 district administrators.
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1 Section 14. Paragraph (b) of subsection (1) and
2 subsections (2) and (3) of section 163.31776, Florida
3 Statutes, are amended to read:
4 163.31776 Public educational facilities element.--
5 (1) A county, in conjunction with the municipalities
6 within the county, may adopt an optional public educational
7 facilities element in cooperation with the applicable school
8 district. In order to enact an optional public educational
9 facilities element, the county and each municipality, unless
10 the municipality is exempt as defined in this subsection, must
11 adopt a consistent public educational facilities element and
12 enter the interlocal agreement pursuant to ss.
13 163.3177(6)(h)4. and 163.31777(2). A municipality is exempt if
14 it has no established need for a new school facility and it
15 meets the following criteria:
16 (b) The district school board's 5-year facilities work
17 program and the long-term 10-year work program, as provided in
18 s. 1013.35 235.185, demonstrate that no new school facility is
19 needed in the municipality. In addition, the district school
20 board must verify in writing that no new school facility will
21 be needed in the municipality within the 5-year and 10-year
22 timeframes.
23 (2) The public educational facilities element must be
24 based on data and analysis, including the interlocal agreement
25 defined by ss. 163.3177(6)(h)4. and 163.31777(2), and on the
26 educational facilities plan required by s. 1013.35 235.185.
27 Each local government public educational facilities element
28 within a county must be consistent with the other elements and
29 must address:
30 (a) The need for, strategies for, and commitments to
31 addressing improvements to infrastructure, safety, and
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1 community conditions in areas proximate to existing public
2 schools.
3 (b) The need for and strategies for providing adequate
4 infrastructure necessary to support proposed schools,
5 including potable water, wastewater, drainage, solid waste,
6 transportation, and means by which to assure safe access to
7 schools, including sidewalks, bicycle paths, turn lanes, and
8 signalization.
9 (c) Colocation of other public facilities, such as
10 parks, libraries, and community centers, in proximity to
11 public schools.
12 (d) Location of schools proximate to residential areas
13 and to complement patterns of development, including using
14 elementary schools as focal points for neighborhoods.
15 (e) Use of public schools to serve as emergency
16 shelters.
17 (f) Consideration of the existing and planned capacity
18 of public schools when reviewing comprehensive plan amendments
19 and rezonings that are likely to increase residential
20 development and that are reasonably expected to have an impact
21 on the demand for public school facilities, with the review to
22 be based on uniform, level-of-service standards, availability
23 standards for public schools, and the financially feasible
24 5-year district facilities work program adopted by the school
25 board pursuant to s. 1013.35 235.185.
26 (g) A uniform methodology for determining school
27 capacity consistent with the interlocal agreement entered
28 pursuant to ss. 163.3177(6)(h)4. and 163.31777(2).
29 (3) The future land-use map series must incorporate
30 maps that are the result of a collaborative process for
31 identifying school sites in the educational facilities plan
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1 adopted by the school board pursuant to s. 1013.35 235.185 and
2 must show the locations of existing public schools and the
3 general locations of improvements to existing schools or new
4 schools anticipated over the 5-year, 10-year, and 20-year time
5 periods, or such maps must constitute data and analysis in
6 support of the future land-use map series. Maps indicating
7 general locations of future schools or school improvements
8 should not prescribe a land use on a particular parcel of
9 land.
10
11 Reviser's note.--Amended to conform to the
12 repeal of s. 235.185 by s. 1058, ch. 2002-387,
13 Laws of Florida, and the enactment of similar
14 material in s. 1013.35 by s. 830, ch. 2002-387.
15
16 Section 15. Paragraph (c) of subsection (1),
17 paragraphs (e) and (f) of subsection (2), paragraph (c) of
18 subsection (3), subsection (4), and paragraph (b) of
19 subsection (6) of section 163.31777, Florida Statutes, are
20 amended to read:
21 163.31777 Public schools interlocal agreement.--
22 (1)
23 (c) If the student population has declined over the
24 5-year period preceding the due date for submittal of an
25 interlocal agreement by the local government and the district
26 school board, the local government and the district school
27 board may petition the state land planning agency for a waiver
28 of one or more requirements of subsection (2). The waiver must
29 be granted if the procedures called for in subsection (2) are
30 unnecessary because of the school district's declining school
31 age population, considering the district's 5-year facilities
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1 work program prepared pursuant to s. 1013.35 235.185. The
2 state land planning agency may modify or revoke the waiver
3 upon a finding that the conditions upon which the waiver was
4 granted no longer exist. The district school board and local
5 governments must submit an interlocal agreement within 1 year
6 after notification by the state land planning agency that the
7 conditions for a waiver no longer exist.
8 (2) At a minimum, the interlocal agreement must
9 address the following issues:
10 (e) A process for the school board to inform the local
11 government regarding school capacity. The capacity reporting
12 must be consistent with laws and rules relating to measurement
13 of school facility capacity and must also identify how the
14 district school board will meet the public school demand based
15 on the facilities work program adopted pursuant to s. 1013.35
16 235.185.
17 (f) Participation of the local governments in the
18 preparation of the annual update to the district school
19 board's 5-year district facilities work program and
20 educational plant survey prepared pursuant to s. 1013.35
21 235.185.
22
23 A signatory to the interlocal agreement may elect not to
24 include a provision meeting the requirements of paragraph (e);
25 however, such a decision may be made only after a public
26 hearing on such election, which may include the public hearing
27 in which a district school board or a local government adopts
28 the interlocal agreement. An interlocal agreement entered into
29 pursuant to this section must be consistent with the adopted
30 comprehensive plan and land development regulations of any
31 local government that is a signatory.
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1 (3)
2 (c) If the state land planning agency enters a final
3 order that finds that the interlocal agreement is inconsistent
4 with the requirements of subsection (2) or this subsection, it
5 shall forward it to the Administration Commission, which may
6 impose sanctions against the local government pursuant to s.
7 163.3184(11) and may impose sanctions against the district
8 school board by directing the Department of Education to
9 withhold from the district school board an equivalent amount
10 of funds for school construction available pursuant to ss.
11 1013.65, 1013.68, 1013.70, and 1013.72 235.187, 235.216,
12 235.2195, and 235.42.
13 (4) If an executed interlocal agreement is not timely
14 submitted to the state land planning agency for review, the
15 state land planning agency shall, within 15 working days after
16 the deadline for submittal, issue to the local government and
17 the district school board a Notice to Show Cause why sanctions
18 should not be imposed for failure to submit an executed
19 interlocal agreement by the deadline established by the
20 agency. The agency shall forward the notice and the responses
21 to the Administration Commission, which may enter a final
22 order citing the failure to comply and imposing sanctions
23 against the local government and district school board by
24 directing the appropriate agencies to withhold at least 5
25 percent of state funds pursuant to s. 163.3184(11) and by
26 directing the Department of Education to withhold from the
27 district school board at least 5 percent of funds for school
28 construction available pursuant to ss. 1013.65, 1013.68,
29 1013.70, and 1013.72 235.187, 235.216, 235.2195, and 235.42.
30 (6) Except as provided in subsection (7),
31 municipalities having no established need for a new school
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1 facility and meeting the following criteria are exempt from
2 the requirements of subsections (1), (2), and (3):
3 (b) The district school board's 5-year facilities work
4 program and the long-term 10-year and 20-year work programs,
5 as provided in s. 1013.35 235.185, demonstrate that no new
6 school facility is needed in the municipality. In addition,
7 the district school board must verify in writing that no new
8 school facility will be needed in the municipality within the
9 5-year and 10-year timeframes.
10
11 Reviser's note.--Amended to conform to the
12 repeal of chapter 235 by s. 1058, ch. 2002-387,
13 Laws of Florida, and the enactment of similar
14 material in chapter 1013 by ch. 2002-387.
15
16 Section 16. Section 196.1983, Florida Statutes, is
17 amended to read:
18 196.1983 Charter school exemption from ad valorem
19 taxes.--Any facility, or portion thereof, used to house a
20 charter school whose charter has been approved by the sponsor
21 and the governing board pursuant to s. 1002.33(7) 228.056(9)
22 shall be exempt from ad valorem taxes. For leasehold
23 properties, the landlord must certify by affidavit to the
24 charter school that the lease payments shall be reduced to the
25 extent of the exemption received. The owner of the property
26 shall disclose to a charter school the full amount of the
27 benefit derived from the exemption and the method for ensuring
28 that the charter school receives such benefit. The charter
29 school shall receive the full benefit derived from the
30 exemption through either an annual or monthly credit to the
31 charter school's lease payments.
22
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1 Reviser's note.--Amended to conform to the
2 repeal of s. 228.056 by s. 1058, ch. 2002-387,
3 Laws of Florida, and the enactment of similar
4 material in s. 1002.33(7) by s. 98, ch.
5 2002-387.
6
7 Section 17. Paragraph (b) of subsection (6) of section
8 199.282, Florida Statutes, is amended to read:
9 199.282 Penalties for violation of this chapter.--
10 (6) Late reporting penalties shall be imposed as
11 follows:
12 (b) An initial penalty of $10 per customer position
13 statement, plus an additional penalty of the greater of 1
14 percent of the initial penalty or $50 for each month or
15 portion of a month, from the date due until filing is made,
16 upon any security dealer or investment adviser who does not
17 timely file or fails to file the statements required by s.
18 199.062(1) 199.062(3). The submission of a position statement
19 that does not comply with the department's specifications and
20 instructions or the submission of an inaccurate position
21 statement is not a timely filing. The department shall notify
22 any security dealer or investment adviser who fails to timely
23 file the required statements. The minimum penalty imposed upon
24 a security dealer or investment adviser under this paragraph
25 is $100.
26
27 Reviser's note.--Amended to conform to the
28 redesignation of s. 199.062(3) as s. 199.062(1)
29 necessitated by the repeal of former
30 subsections (1) and (2) by s. 60, ch. 2002-218,
31 Laws of Florida.
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1 Section 18. Paragraph (b) of subsection (2) of section
2 210.20, Florida Statutes, is amended to read:
3 210.20 Employees and assistants; distribution of
4 funds.--
5 (2) As collections are received by the division from
6 such cigarette taxes, it shall pay the same into a trust fund
7 in the State Treasury designated "Cigarette Tax Collection
8 Trust Fund" which shall be paid and distributed as follows:
9 (b)1. Beginning January 1, 1999, and continuing for 10
10 years thereafter, the division shall from month to month
11 certify to the Comptroller the amount derived from the
12 cigarette tax imposed by s. 210.02, less the service charges
13 provided for in s. 215.20 and less 0.9 percent of the amount
14 derived from the cigarette tax imposed by s. 210.02, which
15 shall be deposited into the Alcoholic Beverage and Tobacco
16 Trust Fund, specifying an amount equal to 2.59 percent of the
17 net collections, and that amount shall be paid to the Board of
18 Directors of the H. Lee Moffitt Cancer Center and Research
19 Institute, established under s. 1004.43, by warrant drawn by
20 the Comptroller upon the State Treasury. These funds are
21 hereby appropriated monthly out of the Cigarette Tax
22 Collection Trust Fund, to be used for the purpose of
23 constructing, furnishing, and equipping a cancer research
24 facility at the University of South Florida adjacent to the H.
25 Lee Moffitt Cancer Center and Research Institute. In fiscal
26 years 1999-2000 and thereafter with the exception of fiscal
27 year 2008-2009, the appropriation to the H. Lee Moffitt Cancer
28 Center and Research Institute authorized by this subparagraph
29 shall not be less than the amount that would have been paid to
30 the H. Lee Moffitt Cancer Center and Research Institute for
31
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1 fiscal year 1998-1999 had payments been made for the entire
2 fiscal year rather than for a 6-month period thereof.
3 2. Beginning July 1, 2002, and continuing through June
4 30, 2004, the division shall, in addition to the distribution
5 authorized in subparagraph 1., from month to month certify to
6 the Comptroller the amount derived from the cigarette tax
7 imposed by s. 210.02, less the service charges provided for in
8 s. 215.20 and less 0.9 percent of the amount derived from the
9 cigarette tax imposed by s. 210.02, which shall be deposited
10 into the Alcoholic Beverage and Tobacco Trust Fund, specifying
11 an amount equal to 0.2632 percent of the net collections, and
12 that amount shall be paid to the Board of Directors of the H.
13 Lee Moffitt Cancer Center and Research Institute, established
14 under s. 1004.43 240.512, by warrant drawn by the Comptroller.
15 Beginning July 1, 2004, and continuing through June 30, 2016,
16 the division shall, in addition to the distribution authorized
17 in subparagraph 1., from month to month certify to the
18 Comptroller the amount derived from the cigarette tax imposed
19 by s. 210.02, less the service charges provided for in s.
20 215.20 and less 0.9 percent of the amount derived from the
21 cigarette tax imposed by s. 210.02, which shall be deposited
22 into the Alcoholic Beverage and Tobacco Trust Fund, specifying
23 an amount equal to 1.47 percent of the net collections, and
24 that amount shall be paid to the Board of Directors of the H.
25 Lee Moffitt Cancer Center and Research Institute, established
26 under s. 1004.43 240.512, by warrant drawn by the Comptroller.
27 These funds are appropriated monthly out of the Cigarette Tax
28 Collection Trust Fund, to be used for the purpose of
29 constructing, furnishing, and equipping a cancer research
30 facility at the University of South Florida adjacent to the H.
31 Lee Moffitt Cancer Center and Research Institute. In fiscal
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1 years 2004-2005 and thereafter, the appropriation to the H.
2 Lee Moffitt Cancer Center and Research Institute authorized by
3 this subparagraph shall not be less than the amount that would
4 have been paid to the H. Lee Moffitt Cancer Center and
5 Research Institute in fiscal year 2001-2002, had this
6 subparagraph been in effect.
7
8 Reviser's note.--Amended to conform to the
9 repeal of s. 240.512 by s. 1058, ch. 2002-387,
10 Laws of Florida, and the enactment of similar
11 material in s. 1004.43 by s. 188, ch. 2002-387.
12
13 Section 19. Section 220.1501, Florida Statutes, is
14 amended to read:
15 220.1501 Rulemaking authority to implement s.
16 220.15(2)(c), (4)(c), and (8).--The Department of Revenue has
17 authority to adopt rules pursuant to the Administrative
18 Procedure Act to implement s. 220.15(2)(c), (4)(c), and (8),
19 as created by chapter 98-325, Laws of Florida. The Board of
20 Regents and the president of each participating nonpublic
21 university shall monitor the various sponsored research
22 contracts and make a report to the Speaker of the House of
23 Representatives and to the President of the Senate by February
24 1, 2000, which shall provide any necessary information which
25 indicates if the provisions of chapter 98-325 have been
26 successful in attracting additional sponsored research
27 contracts.
28
29 Reviser's note.--Amended to delete obsolete
30 language.
31
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1 Section 20. Subsection (10) of section 243.20, Florida
2 Statutes, is amended to read:
3 243.20 Definitions.--The following terms, wherever
4 used or referred to in this part shall have the following
5 respective meanings, unless a different meaning clearly
6 appears from the context:
7 (10) "Loan in anticipation of tuition revenues" means
8 a loan to a private institution for higher education under
9 circumstances in which tuition revenues anticipated to be
10 received by the institution in any budget year are estimated
11 to be insufficient at any time during the budget year to pay
12 the operating expenses or other obligations of the institution
13 in accordance with the budget of the institution. The loans
14 are permitted within guidelines adopted by the authority
15 consistent with the provisions for similar loans undertaken by
16 school districts under s. 1011.13 237.151, excluding
17 provisions applicable to the limitations on borrowings
18 relating to the levy of taxes and the adoption of budgets in
19 accordance with law applicable solely to school districts.
20 The Florida Resident Access Grant shall not be considered
21 tuition revenues for the purpose of calculating a loan to a
22 private institution pursuant to the provision of this chapter.
23
24 Reviser's note.--Amended to conform to the
25 repeal of s. 237.151 by s. 1058, ch. 2002-387,
26 Laws of Florida, and the enactment of similar
27 material in s. 1011.13 by s. 616, ch. 2002-387.
28
29 Section 21. Subsection (8) of section 267.173, Florida
30 Statutes, is amended to read:
31
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1 267.173 Historic preservation in West Florida; goals;
2 contracts for historic preservation; powers and duties.--
3 (8) Notwithstanding any other provision of law, the
4 University of West Florida and its direct-support organization
5 are eligible to match state funds in the Trust Fund for
6 University Major Gifts established pursuant to s. 1011.94.
7
8 Reviser's note.--Amended to conform to the
9 complete name of the fund as provided in s.
10 1011.94.
11
12 Section 22. Paragraph (a) of subsection (2) of section
13 288.1067, Florida Statutes, is amended to read:
14 288.1067 Confidentiality of records.--
15 (2) Nothing contained in this section shall prevent
16 the Office of Tourism, Trade, and Economic Development or
17 Enterprise Florida, Inc., from releasing:
18 (a) The names of qualified businesses, the total
19 number of jobs each business expects to create, the total
20 number of jobs created by each business, and the amount of tax
21 refunds awarded to and claimed by each business under s.
22 288.1045 228.1045 or s. 288.106. However, for a business
23 applying under s. 288.1045 based on obtaining a new Department
24 of Defense contract, the total number of jobs expected and the
25 amount of tax refunds claimed shall not be released until the
26 new Department of Defense contract is awarded;
27
28 Reviser's note.--Amended to correct an apparent
29 error and facilitate correct interpretation.
30 Section 228.1045 does not exist; s. 288.1045
31
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1 relates to the qualified defense contractor tax
2 refund program.
3
4 Section 23. Subsection (10) of section 288.109,
5 Florida Statutes, is repealed.
6
7 Reviser's note.--The cited subsection, which
8 provided fee exemptions for certain development
9 permits, was originally repealed by s. 6, ch.
10 2001-278, Laws of Florida. Subsequently, there
11 was a technical amendment to subsection (10) by
12 s. 51, ch. 2002-20, Laws of Florida, to delete
13 a reference to the former High Speed Rail
14 Transportation Siting Act, but this amendment
15 was not intended to revive subsection (10).
16
17 Section 24. Subsection (7) of section 288.7091,
18 Florida Statutes, is amended to read:
19 288.7091 Duties of the Florida Black Business
20 Investment Board, Inc.--The Florida Black Business Investment
21 Board, Inc., shall:
22 (7) Develop memoranda of understanding with the
23 Departments of Education, Transportation, Community Affairs,
24 and Management Services, as well as with Workforce Florida,
25 Inc., and the State Florida Board of Education, detailing
26 efforts of common interest and collaborations to expand black
27 business development;
28
29 Reviser's note.--Amended to improve clarity and
30 facilitate correct interpretation. Section
31 229.004, which established the Florida Board of
29
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1 Education, was repealed by s. 1058, ch.
2 2002-387, Laws of Florida. Section 19, ch.
3 2002-387, established the State Board of
4 Education.
5
6 Section 25. Subsection (2) of section 295.0185,
7 Florida Statutes, is amended to read:
8 295.0185 Children of deceased or disabled military
9 personnel who die or become disabled in Operation Enduring
10 Freedom; educational opportunity.--
11 (2) The provisions of ss. 240.404, 295.03, 295.04,
12 295.05, and 1009.40 apply.
13
14 Reviser's note.--Amended to conform to the
15 repeal of s. 240.404 by s. 1058, ch. 2002-387,
16 Laws of Florida, and the enactment of similar
17 material in s. 1009.40 by s. 413, ch. 2002-387.
18
19 Section 26. Paragraph (b) of subsection (1) of section
20 316.640, Florida Statutes, is reenacted to read:
21 316.640 Enforcement.--The enforcement of the traffic
22 laws of this state is vested as follows:
23 (1) STATE.--
24 (b)1. The Department of Transportation has authority
25 to enforce on all the streets and highways of this state all
26 laws applicable within its authority.
27 2.a. The Department of Transportation shall develop
28 training and qualifications standards for toll enforcement
29 officers whose sole authority is to enforce the payment of
30 tolls pursuant to s. 316.1001. Nothing in this subparagraph
31 shall be construed to permit the carrying of firearms or other
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1 weapons, nor shall a toll enforcement officer have arrest
2 authority.
3 b. For the purpose of enforcing s. 316.1001,
4 governmental entities, as defined in s. 334.03, which own or
5 operate a toll facility may employ independent contractors or
6 designate employees as toll enforcement officers; however, any
7 such toll enforcement officer must successfully meet the
8 training and qualifications standards for toll enforcement
9 officers established by the Department of Transportation.
10
11 Reviser's note.--Section 109, ch. 2002-20, Laws
12 of Florida, purported to amend subsection (1)
13 but failed to publish paragraph (b) of that
14 subsection. Absent affirmative evidence that
15 the Legislature intended to repeal it,
16 paragraph (1)(b) is reenacted to confirm that
17 the omission was not intended.
18
19 Section 27. Subsection (1) of section 318.14, Florida
20 Statutes, is amended to read:
21 318.14 Noncriminal traffic infractions; exception;
22 procedures.--
23 (1) Except as provided in ss. 318.17 and 320.07(3)(c),
24 any person cited for a violation of s. 1006.66(3), chapter
25 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s.
26 322.15(1), s. 322.16(2) or (3), s. 322.161(5), s. 322.19, or
27 s. 1006.66(3) 1006.66 is charged with a noncriminal infraction
28 and must be cited for such an infraction and cited to appear
29 before an official. If another person dies as a result of the
30 noncriminal infraction, the person cited may be required to
31
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1 perform 120 community service hours under s. 316.027(4), in
2 addition to any other penalties.
3
4 Reviser's note.--The amendment to this section
5 by s. 963, ch. 2002-387, Laws of Florida,
6 deleted a reference to former s. 240.265 and
7 added references to both ss. 1006.66 and
8 1006.66(3). Section 1006.66(3) is the successor
9 provision to former s. 240.265.
10
11 Section 28. Paragraph (c) of subsection (2) of section
12 322.051, Florida Statutes, is amended to read:
13 322.051 Identification cards.--
14 (2)
15 (c) Notwithstanding any other provisions of this
16 chapter, if an applicant establishes his or her identity
17 identify for an identification card using an identification
18 document authorized under sub-subparagraphs (a)3.e.-f., the
19 identification card shall expire 4 years after the date of
20 issuance or upon the expiration date cited on the United
21 States Department of Justice documents, whichever date first
22 occurs, and may not be renewed or obtain a duplicate except in
23 person.
24
25 Reviser's note.--Amended to improve clarity and
26 facilitate correct interpretation.
27
28 Section 29. Section 334.0445, Florida Statutes, is
29 repealed.
30
31
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1 Reviser's note.--Repeals an obsolete provision.
2 The section authorized a model career service
3 classification and compensation plan.
4 Authorization for the program expired June 30,
5 2002.
6
7 Section 30. Subsection (2) of section 335.14, Florida
8 Statutes, is amended to read:
9 335.14 Traffic control devices on State Highway System
10 or State Park Road System; exemption for computerized traffic
11 systems and control devices.--
12 (2) Computerized traffic systems and control devices
13 which are used solely for the purpose of motor vehicle traffic
14 control and surveillance shall be exempted from the provisions
15 of chapter 282 and s. 287.073.
16
17 Reviser's note.--Amended to conform to the
18 repeal of s. 287.073 by s. 20, ch. 2002-207,
19 Laws of Florida.
20
21 Section 31. Section 341.8201, Florida Statutes, is
22 amended to read:
23 341.8201 Short title.--Sections 341.8201-341.842
24 341.8201-341.843 may be cited as the "Florida High-Speed Rail
25 Authority Act."
26
27 Reviser's note.--Amended to conform to context;
28 there is no s. 341.843.
29
30 Section 32. Subsection (2) of section 381.0068,
31 Florida Statutes, is amended to read:
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1 381.0068 Technical review and advisory panel.--
2 (2) The primary purpose of the panel is to assist the
3 department in rulemaking and decisionmaking by drawing on the
4 expertise of representatives from several groups that are
5 affected by onsite sewage treatment and disposal systems. The
6 panel may also review and comment on any legislation or any
7 existing or proposed state policy or issue related to onsite
8 sewage treatment and disposal systems. If requested by the
9 panel, the chair will advise any affected person or member of
10 the Legislature of the panel's position on the legislation or
11 any existing or proposed state policy or issue. The chair may
12 also take such other action as is appropriate to allow the
13 panel to function. At a minimum, the panel shall consist of a
14 soil scientist; a professional engineer registered in this
15 state who is recommended by the Florida Engineering Society
16 and who has work experience in onsite sewage treatment and
17 disposal systems; two representatives from the home-building
18 industry recommended by the Florida Home Builders Association,
19 including one who is a developer in this state who develops
20 lots using onsite sewage treatment and disposal systems; a
21 representative from the county health departments who has
22 experience permitting and inspecting the installation of
23 onsite sewage treatment and disposal systems in this state; a
24 representative from the real estate industry who is
25 recommended by the Florida Association of Realtors; a consumer
26 representative with a science background; two representatives
27 of the septic tank industry recommended by the Florida Onsite
28 Wastewater Septic Tank Association, including one who is a
29 manufacturer of onsite sewage treatment and disposal systems;
30 and a representative from the environmental health profession
31 who is recommended by the Florida Environmental Health
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1 Association and who is not employed by a county health
2 department. Members are to be appointed for a term of 2
3 years. The panel may also, as needed, be expanded to include
4 ad hoc, nonvoting representatives who have topic-specific
5 expertise. All rules proposed by the department which relate
6 to onsite sewage treatment and disposal systems must be
7 presented to the panel for review and comment prior to
8 adoption. The panel's position on proposed rules shall be
9 made a part of the rulemaking record that is maintained by the
10 agency. The panel shall select a chair, who shall serve for a
11 period of 1 year and who shall direct, coordinate, and execute
12 the duties of the panel. The panel shall also solicit input
13 from the department's variance review and advisory committee
14 before submitting any comments to the department concerning
15 proposed rules. The panel's comments must include any
16 dissenting points of view concerning proposed rules. The
17 panel shall hold meetings as it determines necessary to
18 conduct its business, except that the chair, a quorum of the
19 voting members of the panel, or the department may call
20 meetings. The department shall keep minutes of all meetings
21 of the panel. Panel members shall serve without remuneration,
22 but, if requested, shall be reimbursed for per diem and travel
23 expenses as provided in s. 112.061.
24
25 Reviser's note.--Amended to conform to the
26 renaming of the Florida Septic Tank Association
27 as the Florida Onsite Wastewater Association.
28
29 Section 33. Sections 381.0602, 381.6021, 381.6022,
30 381.6023, 381.6024, and 381.6026, Florida Statutes, are
31 transferred and renumbered as sections 765.53, 765.541,
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1 765.542, 765.543, 765.544, and 765.546, Florida Statutes,
2 respectively.
3
4 Reviser's note.--The cited sections, which
5 relate to organ transplants, are transferred
6 from chapter 381, the general public health
7 chapter of the Florida Statutes, to part V of
8 chapter 765, which relates to anatomical gifts.
9
10 Section 34. Section 381.6025, Florida Statutes, is
11 transferred and renumbered as section 765.545, Florida
12 Statutes, and amended to read:
13 765.545 381.6025 Physician supervision of cadaveric
14 organ and tissue procurement coordinators.--Organ procurement
15 organizations, tissue banks, and eye banks may employ
16 coordinators, who are registered nurses, physician's
17 assistants, or other medically trained personnel who meet the
18 relevant standards for organ procurement organizations, tissue
19 banks, or eye banks as adopted by the Agency for Health Care
20 Administration under s. 765.541 381.6021, to assist in the
21 medical management of organ donors or in the surgical
22 procurement of cadaveric organs, tissues, or eyes for
23 transplantation or research. A coordinator who assists in the
24 medical management of organ donors or in the surgical
25 procurement of cadaveric organs, tissues, or eyes for
26 transplantation or research must do so under the direction and
27 supervision of a licensed physician medical director pursuant
28 to rules and guidelines to be adopted by the Agency for Health
29 Care Administration. With the exception of organ procurement
30 surgery, this supervision may be indirect supervision. For
31 purposes of this section, the term "indirect supervision"
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1 means that the medical director is responsible for the medical
2 actions of the coordinator, that the coordinator is operating
3 under protocols expressly approved by the medical director,
4 and that the medical director or his or her physician designee
5 is always available, in person or by telephone, to provide
6 medical direction, consultation, and advice in cases of organ,
7 tissue, and eye donation and procurement. Although indirect
8 supervision is authorized under this section, direct physician
9 supervision is to be encouraged when appropriate.
10
11 Reviser's note.--The cited section, which
12 relates to physician supervision of cadaveric
13 organ and tissue procurement coordinators, is
14 transferred from chapter 381, the general
15 public health chapter of the Florida Statutes,
16 to part V of chapter 765, which relates to
17 anatomical gifts. The section is amended to
18 conform a cross-reference to s. 381.6021 to the
19 transfer of that section to s. 765.541 by this
20 act.
21
22 Section 35. Subsection (2) of section 381.60225,
23 Florida Statutes, is amended to read:
24 381.60225 Background screening.--
25 (2) An organ procurement organization, tissue bank, or
26 eye bank certified by the Agency for Health Care
27 Administration in accordance with ss. 765.541 381.6021 and
28 765.542 381.6022 is not subject to the requirements of this
29 section if the entity has no direct patient care
30 responsibilities and does not bill patients or insurers
31
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1 directly for services under the Medicare or Medicaid programs,
2 or for privately insured services.
3
4 Reviser's note.--Amended to conform
5 cross-references to ss. 381.6021 and 381.6022
6 to the transfer of those sections to ss.
7 765.541 and 765.542, respectively, by this act.
8
9 Section 36. Subsection (2) of section 395.2050,
10 Florida Statutes, is amended to read:
11 395.2050 Routine inquiry for organ and tissue
12 donation; certification for procurement activities; death
13 records review.--
14 (2) Every hospital licensed under this chapter that is
15 engaged in the procurement of organs, tissues, or eyes shall
16 comply with the certification requirements of ss.
17 765.541-765.546 381.6021-381.6026.
18
19 Reviser's note.--Amended to conform
20 cross-references to ss. 381.6021-381.6026 to
21 the transfer of those sections to ss.
22 765.541-765.546 by this act.
23
24 Section 37. Section 400.0089, Florida Statutes, is
25 amended to read:
26 400.0089 Agency reports.--The Department of Elderly
27 Affairs shall maintain a statewide uniform reporting system to
28 collect and analyze data relating to complaints and conditions
29 in long-term care facilities and to residents, for the purpose
30 of identifying and resolving significant problems. The
31 department and the State Long-Term Care Ombudsman Council
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1 shall submit such data as part of its annual report required
2 pursuant to s. 400.0067(2)(f) 400.0067(2)(g) to the Agency for
3 Health Care Administration, the Department of Children and
4 Family Services, the Florida Statewide Advocacy Council, the
5 Advocacy Center for Persons with Disabilities, the
6 Commissioner for the United States Administration on Aging,
7 the National Ombudsman Resource Center, and any other state or
8 federal entities that the ombudsman determines appropriate.
9 The State Long-Term Care Ombudsman Council shall publish
10 quarterly and make readily available information pertaining to
11 the number and types of complaints received by the long-term
12 care ombudsman program.
13
14 Reviser's note.--Amended to conform to the
15 redesignation of s. 400.0067(2)(g) as s.
16 400.0067(2)(f) by s. 22, ch. 2002-223, Laws of
17 Florida.
18
19 Section 38. Subparagraph 10. of paragraph (b) of
20 subsection (2) of section 400.191, Florida Statutes, is
21 repealed.
22
23 Reviser's note.--The cited subparagraph, which
24 relates to consumer and family satisfaction
25 survey information to be provided in printed
26 form by the Agency for Health Care
27 Administration, as described in former s.
28 400.0225, is obsolete. Section 400.0225 was
29 repealed by s. 14, ch. 2001-377, Laws of
30 Florida, along with other statutory references
31 to the surveys.
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1 Section 39. Paragraph (h) of subsection (2) of section
2 400.23, Florida Statutes, is amended to read:
3 400.23 Rules; evaluation and deficiencies; licensure
4 status.--
5 (2) Pursuant to the intention of the Legislature, the
6 agency, in consultation with the Department of Health and the
7 Department of Elderly Affairs, shall adopt and enforce rules
8 to implement this part, which shall include reasonable and
9 fair criteria in relation to:
10 (h) The implementation of the consumer satisfaction
11 survey pursuant to s. 400.0225; The availability,
12 distribution, and posting of reports and records pursuant to
13 s. 400.191; and the Gold Seal Program pursuant to s. 400.235.
14
15 Reviser's note.--Amended to conform to the
16 repeal of s. 400.0225 by s. 14, ch. 2001-377,
17 Laws of Florida.
18
19 Section 40. Paragraph (d) of subsection (2) of section
20 402.305, Florida Statutes, is amended to read:
21 402.305 Licensing standards; child care facilities.--
22 (2) PERSONNEL.--Minimum standards for child care
23 personnel shall include minimum requirements as to:
24 (d) Minimum training requirements for child care
25 personnel.
26 1. Such minimum standards for training shall ensure
27 that all child care personnel take an approved 40-clock-hour
28 introductory course in child care, which course covers at
29 least the following topic areas:
30 a. State and local rules and regulations which govern
31 child care.
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1 b. Health, safety, and nutrition.
2 c. Identifying and reporting child abuse and neglect.
3 d. Child development, including typical and atypical
4 language, cognitive, motor, social, and self-help skills
5 development.
6 e. Observation of developmental behaviors, including
7 using a checklist or other similar observation tools and
8 techniques to determine the child's developmental age level.
9 f. Specialized areas, including computer technology
10 for professional and classroom use, as determined by the
11 department, for owner-operators and child care personnel of a
12 child care facility.
13
14 Within 90 days after employment, child care personnel shall
15 begin training to meet the training requirements. Child care
16 personnel shall successfully complete such training within 1
17 year after the date on which the training began, as evidenced
18 by passage of a competency examination. Successful completion
19 of the 40-clock-hour introductory course shall articulate into
20 community college credit in early childhood education, as
21 approved by the Articulation Coordinating Committee, pursuant
22 to ss. 1007.24 and 1007.25 s. 229.551(1)(g). Exemption from
23 all or a portion of the required training shall be granted to
24 child care personnel based upon educational credentials or
25 passage of competency examinations. Child care personnel
26 possessing a 2-year degree or higher that includes 6 college
27 credit hours in early childhood development or child growth
28 and development, or a child development associate credential
29 or an equivalent state-approved child development associate
30 credential, or a child development associate waiver
31
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1 certificate shall be automatically exempted from the training
2 requirements in sub-subparagraphs b., d., and e.
3 2. The introductory course in child care shall stress,
4 to the extent possible, an interdisciplinary approach to the
5 study of children.
6 3. On an annual basis in order to further their child
7 care skills and, if appropriate, administrative skills, child
8 care personnel who have fulfilled the requirements for the
9 child care training shall be required to take an additional
10 approved 8 clock hours of inservice training or an equivalent
11 as determined by the department.
12 4. Procedures for ensuring the training of qualified
13 child care professionals to provide training of child care
14 personnel, including onsite training, shall be included in the
15 minimum standards. It is recommended that the state community
16 child care coordination agencies (central agencies) be
17 contracted by the department to coordinate such training when
18 possible. Other district educational resources, such as
19 community colleges and vocational-technical programs, can be
20 designated in such areas where central agencies may not exist
21 or are determined not to have the capability to meet the
22 coordination requirements set forth by the department.
23 5. Training requirements shall not apply to certain
24 occasional or part-time support staff, including, but not
25 limited to, swimming instructors, piano teachers, dance
26 instructors, and gymnastics instructors.
27 6. The department shall evaluate or contract for an
28 evaluation for the general purpose of determining the status
29 of and means to improve staff training requirements and
30 testing procedures. The evaluation shall be conducted every 2
31 years. The evaluation shall include, but not be limited to,
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1 determining the availability, quality, scope, and sources of
2 current staff training; determining the need for specialty
3 training; and determining ways to increase inservice training
4 and ways to increase the accessibility, quality, and
5 cost-effectiveness of current and proposed staff training. The
6 evaluation methodology shall include a reliable and valid
7 survey of child care personnel.
8 7. The child care operator shall be required to take
9 basic training in serving children with disabilities within 5
10 years after employment, either as a part of the introductory
11 training or the annual 8 hours of inservice training.
12
13 Reviser's note.--Amended to conform to the
14 elimination of the Articulation Coordinating
15 Committee by ch. 2002-387, Laws of Florida. The
16 paragraph is also amended to conform to the
17 repeal of s. 229.551 by s. 1058, ch. 2002-387,
18 and the enactment of similar material in ss.
19 1007.24 and 1007.25 by ss. 350 and 351, ch.
20 2002-387, respectively.
21
22 Section 41. Subsection (3) of section 402.3131,
23 Florida Statutes, is amended to read:
24 402.3131 Large family child care homes.--
25 (3) Operators of large family child care homes must
26 successfully complete an approved 40-clock-hour introductory
27 course in group child care, as evidenced by passage of a
28 competency examination. Successful completion of the
29 40-clock-hour introductory course shall articulate into
30 community college credit in early childhood education, as
31
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1 approved by the Articulation Coordinating Committee, pursuant
2 to ss. 1007.24 and 1007.25 s. 229.551(1)(g).
3
4 Reviser's note.--Amended to conform to the
5 elimination of the Articulation Coordinating
6 Committee by ch. 2002-387, Laws of Florida. The
7 subsection is also amended to conform to the
8 repeal of s. 229.551 by s. 1058, ch. 2002-387,
9 and the enactment of similar material in ss.
10 1007.24 and 1007.25 by ss. 350 and 351, ch.
11 2002-387, respectively.
12
13 Section 42. Subsection (7) of section 403.706, Florida
14 Statutes, is amended to read:
15 403.706 Local government solid waste
16 responsibilities.--
17 (7) In order to assess the progress in meeting the
18 goal established in subsection (4), each county shall, by
19 November each year, provide information to the department
20 regarding its annual solid waste management program and
21 recycling activities. The information by the county must
22 include:
23 (a) The amount of municipal solid waste disposed of at
24 solid waste disposal facilities, by type of waste such as yard
25 trash, white goods, clean debris, tires, and unseparated solid
26 waste;
27 (b) The amount and type of materials from the
28 municipal solid waste stream that were recycled; and
29 (c) The percentage of the population participating in
30 various types of recycling activities instituted.
31
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1 Reviser's note.--Amended to improve clarity and
2 correct sentence construction.
3
4 Section 43. Section 406.51, Florida Statutes, is
5 amended to read:
6 406.51 Disposition of unclaimed deceased veterans;
7 contract requirements.--Any contract by a local governmental
8 entity for the disposal of unclaimed human remains must
9 provide for compliance with s. 406.50(1) 245.06(1) and require
10 that the procedures in 38 C.F.R., relating to disposition of
11 unclaimed deceased veterans, be followed.
12
13 Reviser's note.--Amended to conform to the
14 redesignation of s. 245.06 as s. 406.50 by the
15 reviser incident to compiling the 2002 Florida
16 Statutes.
17
18 Section 44. Paragraph (b) of subsection (5) of section
19 409.1451, Florida Statutes, is amended to read:
20 409.1451 Independent living transition services.--
21 (5) PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS
22 FORMERLY IN FOSTER CARE.--Based on the availability of funds,
23 the department shall provide or arrange for the following
24 services to young adults formerly in foster care who meet the
25 prescribed conditions and are determined eligible by the
26 department. The categories of services available to assist a
27 young adult formerly in foster care to achieve independence
28 are:
29 (b) Road-to-Independence Scholarship Program.--
30 1. The Road-to-Independence Scholarship Program is
31 intended to help eligible students who are former foster
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1 children in this state to receive the educational and
2 vocational training needed to achieve independence. The amount
3 of the award shall equal the earnings that the student would
4 have been eligible to earn working a 40-hour-a-week federal
5 minimum wage job, after considering other grants and
6 scholarships that are in excess of the educational
7 institutions' fees and costs, and contingent upon available
8 funds. Students eligible for the Road-to-Independence
9 Scholarship Program may also be eligible for educational fee
10 waivers for workforce development postsecondary programs,
11 community colleges, and universities, pursuant to s.
12 1009.25(2)(c) ss. 239.117(4)(c), 240.235(5)(a), and
13 240.35(2)(a).
14 2. A young adult 18 to 21 years of age is eligible for
15 the initial award, and a young adult under 23 years of age is
16 eligible for renewal awards, if he or she:
17 a. Is a dependent child, pursuant to chapter 39, and
18 is living in licensed foster care or in subsidized independent
19 living at the time of his or her 18th birthday;
20 b. Has spent at least 6 months living in foster care
21 before reaching his or her 18th birthday;
22 c. Is a resident of this state as defined in s.
23 1009.40 240.404; and
24 d. Meets one of the following qualifications:
25 (I) Has earned a standard high school diploma or its
26 equivalent as described in s. 1003.43 or s. 1003.435 232.246
27 or s. 229.814, and has been admitted for full-time enrollment
28 in an eligible postsecondary education institution as defined
29 in s. 1009.533 240.40204;
30 (II) Is enrolled full time in an accredited high
31 school, is within 2 years of graduation, and has maintained a
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1 grade point average of at least 2.0 on a scale of 4.0 for the
2 two semesters preceding the date of his or her 18th birthday;
3 or
4 (III) Is enrolled full time in an accredited adult
5 education program designed to provide the student with a high
6 school diploma or its equivalent, is making satisfactory
7 progress in that program as certified by the program, and is
8 within 2 years of graduation.
9 3.a. The department must advertise the availability of
10 the program and must ensure that the children and young adults
11 leaving foster care, foster parents, or family services
12 counselors are informed of the availability of the program and
13 the application procedures.
14 b. A young adult must apply for the initial award
15 during the 6 months immediately preceding his or her 18th
16 birthday. A young adult who fails to make an initial
17 application, but who otherwise meets the criteria for an
18 initial award, may make one application for the initial award
19 if such application is made before the young adult's 21st
20 birthday.
21 c. If funding for the program is available, the
22 department shall issue awards from the scholarship program for
23 each young adult who meets all the requirements of the
24 program.
25 d. An award shall be issued at the time the eligible
26 student reaches 18 years of age.
27 e. If the award recipient transfers from one eligible
28 institution to another and continues to meet eligibility
29 requirements, the award must be transferred with the
30 recipient.
31
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1 f. Scholarship funds awarded to any eligible young
2 adult under this program are in addition to any other services
3 provided to the young adult by the department through its
4 independent living transition services.
5 g. The department shall provide information concerning
6 young adults receiving the Road-to-Independence Scholarship to
7 the Department of Education for inclusion in the student
8 financial assistance database, as provided in s. 1009.94
9 240.40401.
10 h. Scholarship funds shall be terminated when the
11 young adult has attained a bachelor of arts or bachelor of
12 science degree, or equivalent undergraduate degree, or reaches
13 23 years of age, whichever occurs earlier.
14 i. The department shall evaluate and renew each award
15 annually during the 90-day period before the young adult's
16 birthday. In order to be eligible for a renewal award for the
17 subsequent year, the young adult must:
18 (I) Complete at least 12 semester hours or the
19 equivalent in the last academic year in which the young adult
20 earned a scholarship, except for a young adult who meets the
21 requirements of s. 1009.41 240.4041.
22 (II) Maintain the cumulative grade point average
23 required by the scholarship program, except that, if the young
24 adult's grades are insufficient to renew the scholarship at
25 any time during the eligibility period, the young adult may
26 restore eligibility by improving the grade point average to
27 the required level.
28 j. Scholarship funds may be terminated during the
29 interim between an award and the evaluation for a renewal
30 award if the department determines that the award recipient is
31 no longer enrolled in an educational institution as defined in
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1 sub-subparagraph 2.d., or is no longer a state resident. The
2 department shall notify a student who is terminated and inform
3 the student of his or her right to appeal.
4 k. An award recipient who does not qualify for a
5 renewal award or who chooses not to renew the award may
6 subsequently apply for reinstatement. An application for
7 reinstatement must be made before the young adult reaches 23
8 years of age, and a student may not apply for reinstatement
9 more than once. In order to be eligible for reinstatement, the
10 young adult must meet the eligibility criteria and the
11 criteria for award renewal for the scholarship program.
12 l. A young adult receiving continued services of the
13 foster care program under former s. 409.145(3) must transfer
14 to the scholarship program by July 1, 2003.
15
16 Reviser's note.--Amended to conform to the
17 repeal of ss. 239.117, 240.235, and 240.35 by
18 s. 1058, ch. 2002-387, Laws of Florida, and the
19 enactment of similar material in s.
20 1009.25(2)(c) by s. 404, ch. 2002-387; the
21 repeal of s. 240.404 by s. 1058, ch. 2002-387,
22 and the enactment of similar material in s.
23 1009.40 by s. 413, ch. 2002-387; the repeal of
24 ss. 232.246 and 229.814 by s. 1058, ch.
25 2002-387, and the enactment of similar material
26 in ss. 1003.43 and 1003.435 by ss. 132 and 133,
27 ch. 2002-387, respectively; the repeal of s.
28 240.40204 by s. 1058, ch. 2002-387, and the
29 enactment of similar material in s. 1009.533 by
30 s. 425, ch. 2002-387; the repeal of s.
31 240.40401 by s. 1058, ch. 2002-387, and the
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1 enactment of similar material in s. 1009.94 by
2 s. 477, ch. 2002-387; and the repeal of s.
3 240.4041 by s. 1058, ch. 2002-387, and the
4 enactment of similar material in s. 1009.41 by
5 s. 414, ch. 2002-387.
6
7 Section 45. Paragraph (e) of subsection (2) of section
8 409.815, Florida Statutes, is amended to read:
9 409.815 Health benefits coverage; limitations.--
10 (2) BENCHMARK BENEFITS.--In order for health benefits
11 coverage to qualify for premium assistance payments for an
12 eligible child under ss. 409.810-409.820, the health benefits
13 coverage, except for coverage under Medicaid and Medikids,
14 must include the following minimum benefits, as medically
15 necessary.
16 (e) Organ transplantation services.--Covered services
17 include pretransplant, transplant, and postdischarge services
18 and treatment of complications after transplantation for
19 transplants deemed necessary and appropriate within the
20 guidelines set by the Organ Transplant Advisory Council under
21 s. 765.53 381.0602 or the Bone Marrow Transplant Advisory
22 Panel under s. 627.4236.
23
24 Reviser's note.--Amended to conform a
25 cross-reference to s. 381.0602 to the transfer
26 of that section to s. 765.53 by this act.
27
28 Section 46. Subsections (1) and (2) of section
29 409.91196, Florida Statutes, are amended to read:
30 409.91196 Supplemental rebate agreements;
31 confidentiality of records and meetings.--
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1 (1) Trade secrets, rebate amount, percent of rebate,
2 manufacturer's pricing, and supplemental rebates which are
3 contained in records of the Agency for Health Care
4 Administration and its agents with respect to supplemental
5 rebate negotiations and which are prepared pursuant to a
6 supplemental rebate agreement under s. 409.912(38)(a)7.
7 409.912(37)(a)7. are confidential and exempt from s. 119.07
8 and s. 24(a), Art. I of the State Constitution.
9 (2) Those portions of meetings of the Medicaid
10 Pharmaceutical and Therapeutics Committee at which trade
11 secrets, rebate amount, percent of rebate, manufacturer's
12 pricing, and supplemental rebates are disclosed for discussion
13 or negotiation of a supplemental rebate agreement under s.
14 409.912(38)(a)7. 409.912(37)(a)7. are exempt from s. 286.011
15 and s. 24(b), Art. I of the State Constitution.
16
17 Reviser's note.--Amended to conform to the
18 addition of a new subsection (13) to s. 409.912
19 by s. 14, ch. 2002-223, Laws of Florida, and
20 the redesignation of existing subsections to
21 conform.
22
23 Section 47. Paragraph (c) of subsection (3), paragraph
24 (c) of subsection (19), and subsection (27) of section
25 409.912, Florida Statutes, are amended to read:
26 409.912 Cost-effective purchasing of health care.--The
27 agency shall purchase goods and services for Medicaid
28 recipients in the most cost-effective manner consistent with
29 the delivery of quality medical care. The agency shall
30 maximize the use of prepaid per capita and prepaid aggregate
31 fixed-sum basis services when appropriate and other
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1 alternative service delivery and reimbursement methodologies,
2 including competitive bidding pursuant to s. 287.057, designed
3 to facilitate the cost-effective purchase of a case-managed
4 continuum of care. The agency shall also require providers to
5 minimize the exposure of recipients to the need for acute
6 inpatient, custodial, and other institutional care and the
7 inappropriate or unnecessary use of high-cost services. The
8 agency may establish prior authorization requirements for
9 certain populations of Medicaid beneficiaries, certain drug
10 classes, or particular drugs to prevent fraud, abuse, overuse,
11 and possible dangerous drug interactions. The Pharmaceutical
12 and Therapeutics Committee shall make recommendations to the
13 agency on drugs for which prior authorization is required. The
14 agency shall inform the Pharmaceutical and Therapeutics
15 Committee of its decisions regarding drugs subject to prior
16 authorization.
17 (3) The agency may contract with:
18 (c) A federally qualified health center or an entity
19 owned by one or more federally qualified health centers or an
20 entity owned by other migrant and community health centers
21 receiving non-Medicaid financial support from the Federal
22 Government to provide health care services on a prepaid or
23 fixed-sum basis to recipients. Such prepaid health care
24 services entity must be licensed under parts I and III of
25 chapter 641, but shall be prohibited from serving Medicaid
26 recipients on a prepaid basis, until such licensure has been
27 obtained. However, such an entity is exempt from s. 641.225
28 if the entity meets the requirements specified in subsections
29 (15) and (16) (14) and (15).
30 (19) Any entity contracting with the agency pursuant
31 to this section to provide health care services to Medicaid
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1 recipients is prohibited from engaging in any of the following
2 practices or activities:
3 (c) Granting or offering of any monetary or other
4 valuable consideration for enrollment, except as authorized by
5 subsection (22) (21).
6 (27) The agency shall perform enrollments and
7 disenrollments for Medicaid recipients who are eligible for
8 MediPass or managed care plans. Notwithstanding the
9 prohibition contained in paragraph (19)(f) (18)(f), managed
10 care plans may perform preenrollments of Medicaid recipients
11 under the supervision of the agency or its agents. For the
12 purposes of this section, "preenrollment" means the provision
13 of marketing and educational materials to a Medicaid recipient
14 and assistance in completing the application forms, but shall
15 not include actual enrollment into a managed care plan. An
16 application for enrollment shall not be deemed complete until
17 the agency or its agent verifies that the recipient made an
18 informed, voluntary choice. The agency, in cooperation with
19 the Department of Children and Family Services, may test new
20 marketing initiatives to inform Medicaid recipients about
21 their managed care options at selected sites. The agency shall
22 report to the Legislature on the effectiveness of such
23 initiatives. The agency may contract with a third party to
24 perform managed care plan and MediPass enrollment and
25 disenrollment services for Medicaid recipients and is
26 authorized to adopt rules to implement such services. The
27 agency may adjust the capitation rate only to cover the costs
28 of a third-party enrollment and disenrollment contract, and
29 for agency supervision and management of the managed care plan
30 enrollment and disenrollment contract.
31
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1 Reviser's note.--Amended to conform to the
2 redesignation of subsections of s. 409.912 by
3 s. 14, ch. 2002-223, Laws of Florida.
4
5 Section 48. Paragraphs (n), (o), and (s) of subsection
6 (4) of section 411.01, Florida Statutes, are amended to read:
7 411.01 Florida Partnership for School Readiness;
8 school readiness coalitions.--
9 (4) FLORIDA PARTNERSHIP FOR SCHOOL READINESS.--
10 (n) The partnership shall coordinate the efforts
11 toward school readiness in this state and provide independent
12 policy analyses and recommendations to the Governor, the State
13 Florida Board of Education, and the Legislature.
14 (o) The partnership shall prepare and submit to the
15 State Florida Board of Education a system for measuring school
16 readiness. The system must include a uniform screening, which
17 shall provide objective data regarding the following
18 expectations for school readiness which shall include, at a
19 minimum:
20 1. The child's immunizations and other health
21 requirements as necessary, including appropriate vision and
22 hearing screening and examinations.
23 2. The child's physical development.
24 3. The child's compliance with rules, limitations, and
25 routines.
26 4. The child's ability to perform tasks.
27 5. The child's interactions with adults.
28 6. The child's interactions with peers.
29 7. The child's ability to cope with challenges.
30 8. The child's self-help skills.
31 9. The child's ability to express his or her needs.
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1 10. The child's verbal communication skills.
2 11. The child's problem-solving skills.
3 12. The child's following of verbal directions.
4 13. The child's demonstration of curiosity,
5 persistence, and exploratory behavior.
6 14. The child's interest in books and other printed
7 materials.
8 15. The child's paying attention to stories.
9 16. The child's participation in art and music
10 activities.
11 17. The child's ability to identify colors, geometric
12 shapes, letters of the alphabet, numbers, and spatial and
13 temporal relationships.
14 (s) The partnership shall submit an annual report of
15 its activities to the Governor, the executive director of the
16 Florida Healthy Kids Corporation, the President of the Senate,
17 the Speaker of the House of Representatives, and the minority
18 leaders of both houses of the Legislature. In addition, the
19 partnership's reports and recommendations shall be made
20 available to the State Florida Board of Education, other
21 appropriate state agencies and entities, district school
22 boards, central agencies for child care, and county health
23 departments. The annual report must provide an analysis of
24 school readiness activities across the state, including the
25 number of children who were served in the programs and the
26 number of children who were ready for school.
27
28 To ensure that the system for measuring school readiness is
29 comprehensive and appropriate statewide, as the system is
30 developed and implemented, the partnership must consult with
31 representatives of district school systems, providers of
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1 public and private child care, health care providers, large
2 and small employers, experts in education for children with
3 disabilities, and experts in child development.
4
5 Reviser's note.--Amended to improve clarity and
6 facilitate correct interpretation. Section
7 229.004, which established the Florida Board of
8 Education, was repealed by s. 1058, ch.
9 2002-387, Laws of Florida. Section 19, ch.
10 2002-387, established the State Board of
11 Education.
12
13 Section 49. Subsection (9) of section 420.504, Florida
14 Statutes, is repealed.
15
16 Reviser's note.--Repealed to delete a provision
17 that has served its purpose. The cited
18 subsection provides for members of the board of
19 directors of the former Florida Housing Finance
20 Agency in office on December 31, 1997, to
21 continue in office as directors of the Florida
22 Housing Finance Corporation for the balance of
23 their 4-year terms.
24
25 Section 50. Paragraph (b) of subsection (3) of section
26 435.03, Florida Statutes, is amended to read:
27 435.03 Level 1 screening standards.--
28 (3) Standards must also ensure that the person:
29 (b) Has not committed an act that constitutes domestic
30 violence as defined in s. 741.28 741.30.
31
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1 Reviser's note.--Amended to correct an apparent
2 error and facilitate correct interpretation.
3 Section 741.30 provides for injunctions against
4 domestic violence; "domestic violence" is
5 defined in s. 741.28.
6
7 Section 51. Subsections (3) and (15) of section
8 440.102, Florida Statutes, are amended to read:
9 440.102 Drug-free workplace program requirements.--The
10 following provisions apply to a drug-free workplace program
11 implemented pursuant to law or to rules adopted by the Agency
12 for Health Care Administration:
13 (3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.--prior to
14 his or her receiving workers' compensation payments.
15 (a) One time only, prior to testing, an employer shall
16 give all employees and job applicants for employment a written
17 policy statement which contains:
18 1. A general statement of the employer's policy on
19 employee drug use, which must identify:
20 a. The types of drug testing an employee or job
21 applicant may be required to submit to, including
22 reasonable-suspicion drug testing or drug testing conducted on
23 any other basis.
24 b. The actions the employer may take against an
25 employee or job applicant on the basis of a positive confirmed
26 drug test result.
27 2. A statement advising the employee or job applicant
28 of the existence of this section.
29 3. A general statement concerning confidentiality.
30 4. Procedures for employees and job applicants to
31 confidentially report to a medical review officer the use of
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1 prescription or nonprescription medications to a medical
2 review officer both before and after being tested.
3 5. A list of the most common medications, by brand
4 name or common name, as applicable, as well as by chemical
5 name, which may alter or affect a drug test. A list of such
6 medications as developed by the Agency for Health Care
7 Administration shall be available to employers through the
8 department.
9 6. The consequences of refusing to submit to a drug
10 test.
11 7. A representative sampling of names, addresses, and
12 telephone numbers of employee assistance programs and local
13 drug rehabilitation programs.
14 8. A statement that an employee or job applicant who
15 receives a positive confirmed test result may contest or
16 explain the result to the medical review officer within 5
17 working days after receiving written notification of the test
18 result; that if an employee's or job applicant's explanation
19 or challenge is unsatisfactory to the medical review officer,
20 the medical review officer shall report a positive test result
21 back to the employer; and that a person may contest the drug
22 test result pursuant to law or to rules adopted by the Agency
23 for Health Care Administration.
24 9. A statement informing the employee or job applicant
25 of his or her responsibility to notify the laboratory of any
26 administrative or civil action brought pursuant to this
27 section.
28 10. A list of all drugs for which the employer will
29 test, described by brand name or common name, as applicable,
30 as well as by chemical name.
31
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1 11. A statement regarding any applicable collective
2 bargaining agreement or contract and the right to appeal to
3 the Public Employees Relations Commission or applicable court.
4 12. A statement notifying employees and job applicants
5 of their right to consult with a medical review officer for
6 technical information regarding prescription or
7 nonprescription medication.
8 (b) An employer not having a drug-testing program
9 shall ensure that at least 60 days elapse between a general
10 one-time notice to all employees that a drug-testing program
11 is being implemented and the beginning of actual drug testing.
12 An employer having a drug-testing program in place prior to
13 July 1, 1990, is not required to provide a 60-day notice
14 period.
15 (c) An employer shall include notice of drug testing
16 on vacancy announcements for positions for which drug testing
17 is required. A notice of the employer's drug-testing policy
18 must also be posted in an appropriate and conspicuous location
19 on the employer's premises, and copies of the policy must be
20 made available for inspection by the employees or job
21 applicants of the employer during regular business hours in
22 the employer's personnel office or other suitable locations.
23 (15) STATE CONSTRUCTION CONTRACTS.--Each construction
24 contractor regulated under part I of chapter 489, and each
25 electrical contractor and alarm system contractor regulated
26 under part II of chapter 489, who contracts to perform
27 construction work under a state contract for educational
28 facilities governed by chapter 1013 235, for public property
29 or publicly owned buildings governed by chapter 255, or for
30 state correctional facilities governed by chapter 944 shall
31 implement a drug-free workplace program under this section.
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1 Reviser's note.--Subsection (3) is amended to
2 delete language which appeared without coding
3 after floor amendment in C.S. for H.B. 1643
4 (ch. 2002-194, Laws of Florida), an apparent
5 error. Subsection (15) is amended to conform to
6 the repeal of chapter 235 by s. 1058, ch.
7 2002-387, Laws of Florida, and the enactment of
8 similar material in chapter 1013 by ch.
9 2002-387.
10
11 Section 52. Paragraph (b) of subsection (3) of section
12 440.15, Florida Statutes, is amended to read:
13 440.15 Compensation for disability.--Compensation for
14 disability shall be paid to the employee, subject to the
15 limits provided in s. 440.12(2), as follows:
16 (3) PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--
17 (b) Supplemental benefits.--
18 1. All supplemental benefits must be paid in
19 accordance with this subsection. An employee is entitled to
20 supplemental benefits as provided in this paragraph as of the
21 expiration of the impairment period, if:
22 a. The employee has an impairment rating from the
23 compensable injury of 20 percent or more as determined
24 pursuant to this chapter;
25 b. The employee has not returned to work or has
26 returned to work earning less than 80 percent of the
27 employee's average weekly wage as a direct result of the
28 employee's impairment; and
29 c. The employee has in good faith attempted to obtain
30 employment commensurate with the employee's ability to work.
31
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1 2. If an employee is not entitled to supplemental
2 benefits at the time of payment of the final weekly impairment
3 income benefit because the employee is earning at least 80
4 percent of the employee's average weekly wage, the employee
5 may become entitled to supplemental benefits at any time
6 within 1 year after the impairment income benefit period ends
7 if:
8 a. The employee earns wages that are less than 80
9 percent of the employee's average weekly wage for a period of
10 at least 90 days;
11 b. The employee meets the other requirements of
12 subparagraph 1.; and
13 c. The employee's decrease in earnings is a direct
14 result of the employee's impairment from the compensable
15 injury.
16 3. If an employee earns wages that are at least 80
17 percent of the employee's average weekly wage for a period of
18 at least 90 days during which the employee is receiving
19 supplemental benefits, the employee ceases to be entitled to
20 supplemental benefits for the filing period. Supplemental
21 benefits that have been terminated shall be reinstated when
22 the employee satisfies the conditions enumerated in
23 subparagraph 2. and files the statement required under
24 subparagraph 4 5. Notwithstanding any other provision, if an
25 employee is not entitled to supplemental benefits for 12
26 consecutive months, the employee ceases to be entitled to any
27 additional income benefits for the compensable injury. If the
28 employee is discharged within 12 months after losing
29 entitlement under this subsection, benefits may be reinstated
30 if the employee was discharged at that time with the intent to
31 deprive the employee of supplemental benefits.
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1 4. After the initial determination of supplemental
2 benefits, the employee must file a statement with the carrier
3 stating that the employee has earned less than 80 percent of
4 the employee's average weekly wage as a direct result of the
5 employee's impairment, stating the amount of wages the
6 employee earned in the filing period, and stating that the
7 employee has in good faith sought employment commensurate with
8 the employee's ability to work. The statement must be filed
9 quarterly on a form and in the manner prescribed by the
10 department. The department may modify the filing period as
11 appropriate to an individual case. Failure to file a statement
12 relieves the carrier of liability for supplemental benefits
13 for the period during which a statement is not filed.
14 5. The carrier shall begin payment of supplemental
15 benefits not later than the seventh day after the expiration
16 date of the impairment income benefit period and shall
17 continue to timely pay those benefits. The carrier may request
18 a mediation conference for the purpose of contesting the
19 employee's entitlement to or the amount of supplemental income
20 benefits.
21 6. Supplemental benefits are calculated quarterly and
22 paid monthly. For purposes of calculating supplemental
23 benefits, 80 percent of the employee's average weekly wage and
24 the average wages the employee has earned per week are
25 compared quarterly. For purposes of this paragraph, if the
26 employee is offered a bona fide position of employment that
27 the employee is capable of performing, given the physical
28 condition of the employee and the geographic accessibility of
29 the position, the employee's weekly wages are considered
30 equivalent to the weekly wages for the position offered to the
31 employee.
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1 7. Supplemental benefits are payable at the rate of 80
2 percent of the difference between 80 percent of the employee's
3 average weekly wage determined pursuant to s. 440.14 and the
4 weekly wages the employee has earned during the reporting
5 period, not to exceed the maximum weekly income benefit under
6 s. 440.12.
7 8. The department may by rule define terms that are
8 necessary for the administration of this section and forms and
9 procedures governing the method of payment of supplemental
10 benefits for dates of accidents before January 1, 1994, and
11 for dates of accidents on or after January 1, 1994.
12
13 Reviser's note.--Amended to conform to the
14 deletion of former subparagraph (3)(b)4. by s.
15 28, ch. 2002-194, Laws of Florida, and the
16 redesignation of the remaining subparagraphs to
17 conform.
18
19 Section 53. Subsection (6) of section 440.20, Florida
20 Statutes, is reenacted to read:
21 440.20 Time for payment of compensation; penalties for
22 late payment.--
23 (6) If any installment of compensation for death or
24 dependency benefits, disability, permanent impairment, or wage
25 loss payable without an award is not paid within 7 days after
26 it becomes due, as provided in subsection (2), subsection (3),
27 or subsection (4), there shall be added to such unpaid
28 installment a punitive penalty of an amount equal to 20
29 percent of the unpaid installment or $5, which shall be paid
30 at the same time as, but in addition to, such installment of
31 compensation, unless notice is filed under subsection (4) or
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1 unless such nonpayment results from conditions over which the
2 employer or carrier had no control. When any installment of
3 compensation payable without an award has not been paid within
4 7 days after it became due and the claimant concludes the
5 prosecution of the claim before a judge of compensation claims
6 without having specifically claimed additional compensation in
7 the nature of a penalty under this section, the claimant will
8 be deemed to have acknowledged that, owing to conditions over
9 which the employer or carrier had no control, such installment
10 could not be paid within the period prescribed for payment and
11 to have waived the right to claim such penalty. However,
12 during the course of a hearing, the judge of compensation
13 claims shall on her or his own motion raise the question of
14 whether such penalty should be awarded or excused. The
15 department may assess without a hearing the punitive penalty
16 against either the employer or the insurance carrier,
17 depending upon who was at fault in causing the delay. The
18 insurance policy cannot provide that this sum will be paid by
19 the carrier if the department or the judge of compensation
20 claims determines that the punitive penalty should be made by
21 the employer rather than the carrier. Any additional
22 installment of compensation paid by the carrier pursuant to
23 this section shall be paid directly to the employee by check
24 or, if authorized by the employee, by direct deposit into the
25 employee's account at a financial institution. As used in this
26 subsection, the term "financial institution" means a financial
27 institution as defined in s. 655.005(1)(h).
28
29 Reviser's note.--Reenacted to confirm
30 legislative intent to incorporate amendments by
31 s. 17, ch. 2001-91, Laws of Florida, and s. 33,
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1 ch. 2002-194, Laws of Florida. The amendment to
2 subsection (6) by s. 33, ch. 2002-194, failed
3 to incorporate the changes by s. 17, ch.
4 2001-91. The subsection, as published here,
5 gives full effect to both amendments.
6
7 Section 54. Paragraph (a) of subsection (1) of section
8 445.0121, Florida Statutes, is amended to read:
9 445.0121 Student eligibility requirements for initial
10 awards.--
11 (1) To be eligible for an initial award for
12 lower-division college credit courses that lead to a
13 baccalaureate degree, as defined in s. 445.0122(5), a student
14 must:
15 (a)1. Have been a resident of this state for no less
16 than 3 years for purposes other than to obtain an education;
17 or
18 2. Have received a standard Florida high school
19 diploma, as provided in s. 1003.43, or its equivalent, as
20 described in s. 1003.435 229.814, unless:
21 a. The student is enrolled full-time in the
22 early-admission program of an eligible postsecondary education
23 institution or completes a home education program in
24 accordance with s. 1002.41; or
25 b. The student earns a high school diploma from a
26 non-Florida school while living with a parent or guardian who
27 is on military or public service assignment outside this
28 state.
29
30 Reviser's note.--Amended to conform to the
31 repeal of s. 229.814 by s. 1058, ch. 2002-387,
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1 Laws of Florida, and the enactment of similar
2 material in s. 1003.435 by s. 133, ch.
3 2002-387.
4
5 Section 55. Paragraph (e) of subsection (2) of section
6 467.0125, Florida Statutes, is amended to read:
7 467.0125 Licensure by endorsement.--
8 (2) The department may issue a temporary certificate
9 to practice in areas of critical need to any midwife who is
10 qualifying for licensure by endorsement under subsection (1),
11 with the following restrictions:
12 (e) The department shall review the practice under a
13 temporary certificate at least annually to ascertain that the
14 minimum requirements of the midwifery rules promulgated under
15 this chapter are being met. If it is is determined that the
16 minimum requirements are not being met, the department shall
17 immediately revoke the temporary certificate.
18
19 Reviser's note.--Amended to correct an apparent
20 error and facilitate correct interpretation.
21
22 Section 56. Subsection (18) of section 470.002,
23 Florida Statutes, is amended to read:
24 470.002 Definitions.--As used in this chapter:
25 (18) "Legally authorized person" means, in the
26 priority listed, the decedent, when written inter vivos
27 authorizations and directions are provided by the decedent,
28 the surviving spouse, unless the spouse has been arrested for
29 committing against the deceased an act of domestic violence as
30 defined in s. 741.28, a son or daughter who is 18 years of age
31 or older, a parent, a brother or sister 18 years of age or
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1 over, a grandchild who is 18 years of age or older, or a
2 grandparent; or any person in the next degree of kinship. In
3 addition, the term may include, if no family exists or is
4 available, the following: the guardian of the dead person at
5 the time of death; the personal representative of the
6 deceased; the attorney in fact of the dead person at the time
7 of death; the health surrogate of the dead person at the time
8 of death; a public health officer; the medical examiner,
9 county commission or administrator acting under part II of
10 chapter 406 245, or other public administrator; a
11 representative of a nursing home or other health care
12 institution in charge of final disposition; or a friend or
13 other person not listed in this subsection who is willing to
14 assume the responsibility as authorized person.
15
16 Reviser's note.--Amended to conform to the
17 redesignation of chapter 245 as part II of
18 chapter 406 by the reviser incident to
19 compiling the 2002 Florida Statutes.
20
21 Section 57. Paragraph (c) of subsection (2) of section
22 470.019, Florida Statutes, is amended to read:
23 470.019 Disciplinary actions against direct disposers
24 and direct disposal establishments.--
25 (2) The following shall be sufficient grounds for the
26 penalties imposed under subsection (1):
27 (c) Having been disciplined by a regulatory agency in
28 any jurisdiction for any offense that would constitute a
29 violation of this chapter, chapter 245, chapter 382, chapter
30 406, chapter 497, or chapter 872 or that directly relates to
31 the practice of direct disposition.
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1 Reviser's note.--Amended to conform to the
2 redesignation of chapter 245 as part II of
3 chapter 406 by the reviser incident to
4 compiling the 2002 Florida Statutes.
5
6 Section 58. Paragraph (x) of subsection (1) of section
7 470.036, Florida Statutes, is amended to read:
8 470.036 Disciplinary proceedings.--
9 (1) The following acts constitute grounds for which
10 the disciplinary actions in subsection (2) may be taken:
11 (x) Having been disciplined by a regulatory agency in
12 any jurisdiction for any offense that would constitute a
13 violation of this chapter, chapter 245, chapter 382, chapter
14 406, chapter 497, or chapter 872 or that directly relates to
15 the ability to practice under this chapter.
16
17 Reviser's note.--Amended to conform to the
18 redesignation of chapter 245 as part II of
19 chapter 406 by the reviser incident to
20 compiling the 2002 Florida Statutes.
21
22 Section 59. Section 489.510, Florida Statutes, is
23 amended to read:
24 489.510 Evidence of workers' compensation
25 coverage.--Except as provided in s. 489.515(3)(b), any person,
26 business organization, or qualifying agent engaged in the
27 business of contracting in this state and certified or
28 registered under this part shall, as a condition precedent to
29 the issuance or renewal of a certificate or registration of
30 the contractor, provide to the Electrical Contractors'
31 Licensing Board, as provided by board rule, evidence of
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1 workers' compensation coverage pursuant to chapter 440. In
2 the event that the Division of Workers' Compensation of the
3 Department of Labor and Employment Security receives notice of
4 the cancellation of a policy of workers' compensation
5 insurance insuring a person or entity governed by this
6 section, the Division of Workers' Compensation shall certify
7 and identify all persons or entities by certification or
8 registration license number to the department after
9 verification is made by the Division of Workers' Compensation
10 that persons or entities governed by this section are no
11 longer covered by workers' compensation insurance. Such
12 certification and verification by the Division of Workers'
13 Compensation may shall result from records furnished to the
14 Division of Workers' Compensation by the persons or entities
15 governed by this section or an investigation completed by the
16 Division of Workers' Compensation. The department shall notify
17 the persons or entities governed by this section who have been
18 determined to be in noncompliance with chapter 440, and the
19 persons or entities notified shall provide certification of
20 compliance with chapter 440 to the department and pay an
21 administrative fine in the amount of $500. The failure to
22 maintain workers' compensation coverage as required by law
23 shall be grounds for the board to revoke, suspend, or deny the
24 issuance or renewal of a certificate or registration of the
25 contractor under the provisions of s. 489.533.
26
27 Reviser's note.--Amended to correct an apparent
28 coding error and facilitate correct
29 interpretation. The amendment by s. 18, ch.
30 2002-236, Laws of Florida, inserted the word
31
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1 "may" and inadvertently failed to delete the
2 word "shall."
3
4 Section 60. Subsection (8) of section 496.404, Florida
5 Statutes, is amended to read:
6 496.404 Definitions.--As used in ss. 496.401-496.424:
7 (8) "Educational institutions" means those
8 institutions and organizations described in s.
9 212.08(7)(cc)8.a. The term includes private nonprofit
10 organizations, the purpose of which is to raise funds for
11 schools teaching grades kindergarten through grade 12,
12 colleges, and universities, including any nonprofit newspaper
13 of free or paid circulation primarily on university or college
14 campuses which holds a current exemption from federal income
15 tax under s. 501(c)(3) of the Internal Revenue Code, any
16 educational television or radio network or system established
17 pursuant to s. 1001.25 229.805 or s. 1001.26 229.8051, and any
18 nonprofit television or radio station that is a part of such
19 network or system and that holds a current exemption from
20 federal income tax under s. 501(c)(3) of the Internal Revenue
21 Code. The term also includes a nonprofit educational cable
22 consortium that holds a current exemption from federal income
23 tax under s. 501(c)(3) of the Internal Revenue Code, whose
24 primary purpose is the delivery of educational and
25 instructional cable television programming and whose members
26 are composed exclusively of educational organizations that
27 hold a valid consumer certificate of exemption and that are
28 either an educational institution as defined in this
29 subsection or qualified as a nonprofit organization pursuant
30 to s. 501(c)(3) of the Internal Revenue Code.
31
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1 Reviser's note.--Amended to conform to the
2 repeal of ss. 229.805 and 229.8051 by s. 1058,
3 ch. 2002-387, Laws of Florida, and the
4 enactment of similar material in ss. 1001.25
5 and 1001.26 by ss. 31 and 32, ch. 2002-387,
6 respectively.
7
8 Section 61. Subsection (1) of section 499.033, Florida
9 Statutes, is amended to read:
10 499.033 Ephedrine; prescription required.--Ephedrine
11 is declared to be a prescription drug.
12 (1) Except as provided in this subsection (2), any
13 product that contains any quantity of ephedrine, a salt of
14 ephedrine, an optical isomer of ephedrine, or a salt of an
15 optical isomer of ephedrine may be dispensed only upon the
16 prescription of a duly licensed practitioner authorized by the
17 laws of the state to prescribe medicinal drugs.
18
19 Reviser's note.--Amended to conform a
20 cross-reference to context. Subsection (1) does
21 not provide exceptions to the requirement of a
22 prescription for dispensing of ephedrine;
23 subsection (2) provides exemptions from the
24 subsection (1) requirement.
25
26 Section 62. Subsection (2) of section 499.051, Florida
27 Statutes, is amended to read:
28 499.051 Inspections and investigations.--
29 (2) In addition to the authority set forth in
30 subsection (1), the department and any duly designated officer
31 or employee of the department may enter and inspect any other
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1 establishment for the purpose of determining compliance with
2 ss. 499.001-499.081 and rules adopted under those sections
3 regarding any drug, device, or cosmetic product. The authority
4 to enter and inspect does not extend to the practice of the
5 profession of pharmacy, as defined in chapter 465 and the
6 rules adopted under that chapter, in a pharmacy permitted
7 under chapter 465. The Department of Business and Professional
8 Regulation shall conduct routine inspections of retail
9 pharmacy wholesalers at the time of the regular pharmacy
10 permit inspection and shall send the inspection report
11 regarding drug wholesale activity to the Department of Health.
12
13 Reviser's note.--Amended to reflect that the
14 Department of Business and Professional
15 Regulation no longer enforces chapters 465 and
16 499. The Department of Health is now
17 responsible for enforcement of those chapters.
18
19 Section 63. Subsection (3) of section 501.608, Florida
20 Statutes, is amended to read:
21 501.608 License or affidavit of exemption;
22 occupational license.--
23 (3) Failure to display a license or a copy of the
24 affidavit of exemption is sufficient grounds for the
25 department to issue an immediate cease and desist order, which
26 shall act as an immediate final order under s. 120.569(2)(n).
27 The order may shall remain in effect until the commercial
28 telephone seller or a person claiming to be exempt shows the
29 authorities that he or she is licensed or exempt. The
30 department may order the business to cease operations and
31 shall order the phones to be shut off. Failure of a
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1 salesperson to display a license may result in the salesperson
2 being summarily ordered by the department to leave the office
3 until he or she can produce a license for the department.
4
5 Reviser's note.--Amended to conform to the
6 addition of the word "may" preceding the word
7 "shall" by s. 2, ch. 93-235, Laws of Florida,
8 and to improve clarity.
9
10 Section 64. Subsection (6) of section 507.05, Florida
11 Statutes, is amended to read:
12 507.05 Estimates and contracts for service.--Prior to
13 providing any moving or accessorial services, a contract and
14 estimate must be provided to a prospective shipper in writing,
15 must be signed and dated by the shipper and the mover, and
16 must include:
17 (6) Acceptable forms of payment. A mover shall accept
18 a minimum of two of the three following forms of payment:
19 (a) Cash, cashier's check, money order, or traveler's
20 check;
21 (b) Valid personal check, showing upon its face the
22 name and address of the shipper or authorized representative;
23 or
24 (c) Valid credit card, which shall include, but not be
25 limited to, Visa or MasterCard.
26
27 A mover shall clearly and conspicuously disclose to the
28 shipper in the estimate and contract for services the forms of
29 payments the mover it will accept from those categories
30 described in paragraphs (a)-(c).
31
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1 Reviser's note.--Amended to improve clarity and
2 sentence construction.
3
4 Section 65. Subsection (20) of section 517.12, Florida
5 Statutes, is amended to read:
6 517.12 Registration of dealers, associated persons,
7 investment advisers, and branch offices.--
8 (20) The registration requirements of this section do
9 not apply to individuals licensed under s. 626.015(7) 626.041
10 or its successor statute, or (12) s. 626.051 or its successor
11 statute, for the sale of a security as defined in s.
12 517.021(19)(g), if the individual is directly authorized by
13 the issuer to offer or sell the security on behalf of the
14 issuer and the issuer is a federally chartered savings bank
15 subject to regulation by the Federal Deposit Insurance
16 Corporation. Actions under this subsection shall constitute
17 activity under the insurance agent's license for purposes of
18 ss. 626.611 and 626.621.
19
20 Reviser's note.--Amended to replace references
21 to s. 626.041 or s. 626.051, which were
22 repealed by s. 72, ch. 2002-206, Laws of
23 Florida, with references to s. 626.015(7) or
24 (12), respectively, the replacement provisions
25 for ss. 626.041 and 626.051.
26
27 Section 66. Paragraph (b) of subsection (1) and
28 paragraph (e) of subsection (8) of section 553.73, Florida
29 Statutes, are amended to read:
30 553.73 Florida Building Code.--
31 (1)
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1 (b) The technical portions of the Florida
2 Accessibility Code for Building Construction shall be
3 contained in their entirety in the Florida Building Code. The
4 civil rights portions and the technical portions of the
5 accessibility laws of this state shall remain as currently
6 provided by law. Any revision or amendments to the Florida
7 Accessibility Code for Building Construction pursuant to part
8 II V shall be considered adopted by the commission as part of
9 the Florida Building Code. Neither the commission nor any
10 local government shall revise or amend any standard of the
11 Florida Accessibility Code for Building Construction except as
12 provided for in part II V.
13 (8) The following buildings, structures, and
14 facilities are exempt from the Florida Building Code as
15 provided by law, and any further exemptions shall be as
16 determined by the Legislature and provided by law:
17 (e) Mobile or modular structures used as temporary
18 offices, except that the provisions of part II V relating to
19 accessibility by persons with disabilities shall apply to such
20 mobile or modular structures.
21
22 With the exception of paragraphs (a), (b), (c), and (f), in
23 order to preserve the health, safety, and welfare of the
24 public, the Florida Building Commission may, by rule adopted
25 pursuant to chapter 120, provide for exceptions to the broad
26 categories of buildings exempted in this section, including
27 exceptions for application of specific sections of the code or
28 standards adopted therein. The Department of Agriculture and
29 Consumer Services shall have exclusive authority to adopt by
30 rule, pursuant to chapter 120, exceptions to nonresidential
31 farm buildings exempted in paragraph (c) when reasonably
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1 necessary to preserve public health, safety, and welfare. The
2 exceptions must be based upon specific criteria, such as
3 under-roof floor area, aggregate electrical service capacity,
4 HVAC system capacity, or other building requirements. Further,
5 the commission may recommend to the Legislature additional
6 categories of buildings, structures, or facilities which
7 should be exempted from the Florida Building Code, to be
8 provided by law.
9
10 Reviser's note.--Amended to conform to the
11 repeal of the provisions comprising former
12 parts I-III by s. 68, ch. 98-287, Laws of
13 Florida, as amended by s. 108, ch. 2000-141,
14 Laws of Florida, as amended by s. 39, ch.
15 2001-186, Laws of Florida, and as amended by s.
16 8, ch. 2001-372, Laws of Florida.
17
18 Section 67. Subsection (4) of section 562.11, Florida
19 Statutes, is amended to read:
20 562.11 Selling, giving, or serving alcoholic beverages
21 to person under age 21; misrepresenting or misstating age or
22 age of another to induce licensee to serve alcoholic beverages
23 to person under 21; penalties.--
24 (4) This section does not apply to a person who gives,
25 serves, or permits to be served an alcoholic beverage to a
26 student who is at least 18 years of age, if the alcoholic
27 beverage is delivered as part of the student's required
28 curriculum at a postsecondary educational institution that is
29 institutionally accredited by an agency recognized by the
30 United States Department of Education and is licensed or
31 exempt from licensure pursuant to the provisions of chapter
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1 1005 246 or that is a public postsecondary education
2 institution; if the student is enrolled in the college and is
3 required to taste alcoholic beverages that are provided only
4 for instructional purposes during classes conducted under the
5 supervision of authorized instructional personnel pursuant to
6 such a curriculum; if the alcoholic beverages are never
7 offered for consumption or imbibed by such a student and at
8 all times remain in the possession and control of such
9 instructional personnel, who must be 21 years of age or older;
10 and if each participating student executes a waiver and
11 consent in favor of the state and indemnifies the state and
12 holds it harmless.
13
14 Reviser's note.--Amended to conform to the
15 repeal of the sections comprising chapter 246
16 by s. 1058, ch. 2002-387, Laws of Florida, and
17 the enactment of similar material in chapter
18 1005 by ch. 2002-387.
19
20 Section 68. Subsection (2) of section 562.111, Florida
21 Statutes, is amended to read:
22 562.111 Possession of alcoholic beverages by persons
23 under age 21 prohibited.--
24 (2) The prohibition in this section against the
25 possession of alcoholic beverages does not apply to the
26 tasting of alcoholic beverages by a student who is at least 18
27 years of age, who is tasting the alcoholic beverages as part
28 of the student's required curriculum at a postsecondary
29 educational institution that is institutionally accredited by
30 an agency recognized by the United States Department of
31 Education and that is licensed or exempt from licensure
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1 pursuant to the provisions of chapter 1005 246 or is a public
2 postsecondary education institution; if the student is
3 enrolled in the college and is tasting the alcoholic beverages
4 only for instructional purposes during classes that are part
5 of such a curriculum; if the student is allowed only to taste,
6 but not consume or imbibe, the alcoholic beverages; and if the
7 alcoholic beverages at all times remain in the possession and
8 control of authorized instructional personnel of the college
9 who are 21 years of age or older.
10
11 Reviser's note.--Amended to conform to the
12 repeal of the sections comprising chapter 246
13 by s. 1058, ch. 2002-387, Laws of Florida, and
14 the enactment of similar material in chapter
15 1005 by ch. 2002-387.
16
17 Section 69. Section 624.04, Florida Statutes, is
18 amended to read:
19 624.04 "Person" defined.--"Person" includes an
20 individual, insurer, company, association, organization,
21 Lloyds, society, reciprocal insurer or interinsurance
22 exchange, partnership, syndicate, business trust, corporation,
23 agent, general agent, broker, solicitor, service
24 representative, adjuster, and every legal entity.
25
26 Reviser's note.--Amended to delete a reference
27 to "solicitor" to conform to the repeal of s.
28 626.071, which defined "solicitor," by s. 72,
29 ch. 2002-206, Laws of Florida.
30
31
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1 Section 70. Subsection (2) of section 624.303, Florida
2 Statutes, is amended to read:
3 624.303 Seal; certified copies as evidence.--
4 (2) All certificates executed by the department, other
5 than licenses of agents, solicitors, or adjusters or similar
6 licenses or permits, shall bear its seal.
7
8 Reviser's note.--Amended to delete a reference
9 to "solicitors" to conform to the repeal of s.
10 626.071, which defined "solicitor," by s. 72,
11 ch. 2002-206, Laws of Florida.
12
13 Section 71. Paragraph (a) of subsection (2) of section
14 624.313, Florida Statutes, is amended to read:
15 624.313 Publications.--
16 (2) The department may prepare and have printed and
17 published in pamphlet or book form the following:
18 (a) As needed, questions and answers for the use of
19 persons applying for an examination for licensing as agents or
20 solicitors for property, casualty, surety, health, and
21 miscellaneous insurers.
22
23 Reviser's note.--Amended to delete a reference
24 to "solicitors" to conform to the repeal of s.
25 626.071, which defined "solicitor," by s. 72,
26 ch. 2002-206, Laws of Florida.
27
28 Section 72. Subsection (2) of section 624.317, Florida
29 Statutes, is amended to read:
30 624.317 Investigation of agents, adjusters,
31 administrators, service companies, and others.--If it has
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1 reason to believe that any person has violated or is violating
2 any provision of this code, or upon the written complaint
3 signed by any interested person indicating that any such
4 violation may exist, the department shall conduct such
5 investigation as it deems necessary of the accounts, records,
6 documents, and transactions pertaining to or affecting the
7 insurance affairs of any:
8 (2) Insurance agent or, customer representative, or
9 solicitor, subject to the requirements of s. 626.601.
10
11 Reviser's note.--Amended to delete a reference
12 to "solicitor" to conform to the repeal of s.
13 626.071, which defined "solicitor," by s. 72,
14 ch. 2002-206, Laws of Florida.
15
16 Section 73. Paragraph (b) of subsection (6) and
17 paragraph (c) of subsection (19) of section 624.501, Florida
18 Statutes, are amended to read:
19 624.501 Filing, license, appointment, and
20 miscellaneous fees.--The department shall collect in advance,
21 and persons so served shall pay to it in advance, fees,
22 licenses, and miscellaneous charges as follows:
23 (6) Insurance representatives, property, marine,
24 casualty, and surety insurance.
25 (b) Solicitor's or Customer representative's original
26 appointment and biennial renewal or continuation thereof:
27 Appointment fee..................................$42.00
28 State tax.........................................12.00
29 County tax.........................................6.00
30 Total...................................................$60.00
31 (19) Miscellaneous services:
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1 (c) For preparing lists of agents, solicitors,
2 adjusters, and other insurance representatives, and for other
3 miscellaneous services, such reasonable charge as may be fixed
4 by the department.
5
6 Reviser's note.--Amended to delete references
7 to "[s]olicitor's" and "solicitors" to conform
8 to the repeal of s. 626.071, which defined
9 "solicitor," by s. 72, ch. 2002-206, Laws of
10 Florida.
11
12 Section 74. Section 624.504, Florida Statutes, is
13 amended to read:
14 624.504 Liability for state, county tax.--
15 (1) Each authorized insurer that uses insurance agents
16 in this state shall be liable for and shall pay the state and
17 county taxes required therefor under s. 624.501 or s. 624.505.
18 (2) Each insurance agent in this state that uses
19 solicitors shall be liable for and shall pay the state and
20 county taxes required therefor under s. 624.501.
21
22 Reviser's note.--Amended to delete a provision
23 relating to solicitors to conform to the repeal
24 of s. 626.071, which defined "solicitor," by s.
25 72, ch. 2002-206, Laws of Florida.
26
27 Section 75. Subsection (1) of section 624.521, Florida
28 Statutes, is amended to read:
29 624.521 Deposit of certain tax receipts; refund of
30 improper payments.--
31
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1 (1) The Department of Insurance shall promptly deposit
2 in the State Treasury to the credit of the Insurance
3 Commissioner's Regulatory Trust Fund all "state tax" portions
4 of agents' and solicitors' licenses collected under s. 624.501
5 necessary to fund the Division of Insurance Fraud. The
6 balance of the tax shall be credited to the General Fund. All
7 moneys received by the Department of Insurance not in
8 accordance with the provisions of this code or not in the
9 exact amount as specified by the applicable provisions of this
10 code shall be returned to the remitter. The records of the
11 department shall show the date and reason for such return.
12
13 Reviser's note.--Amended to delete a reference
14 to "solicitors'" to conform to the repeal of s.
15 626.071, which defined "solicitor," by s. 72,
16 ch. 2002-206, Laws of Florida.
17
18 Section 76. Paragraph (l) of subsection (1) of section
19 624.523, Florida Statutes, is amended to read:
20 624.523 Insurance Commissioner's Regulatory Trust
21 Fund.--
22 (1) There is created in the State Treasury a trust
23 fund designated "Insurance Commissioner's Regulatory Trust
24 Fund" to which shall be credited all payments received on
25 account of the following items:
26 (l) All sums received under s. 648.27 (bail bond
27 agent, limited surety agent, continuation fee), the
28 "appointment fee" portion of any license or permit provided
29 for under s. 648.31, and the application fees provided for
30 under s. ss. 648.34(3) and 648.37(3).
31
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1 Reviser's note.--Amended to conform to the
2 repeal of s. 648.37 by s. 31, ch. 2002-260,
3 Laws of Florida.
4
5 Section 77. Subsection (1) of section 626.022, Florida
6 Statutes, is amended to read:
7 626.022 Scope of part.--
8 (1) This part applies as to insurance agents,
9 solicitors, service representatives, adjusters, and insurance
10 agencies; as to any and all kinds of insurance; and as to
11 stock insurers, mutual insurers, reciprocal insurers, and all
12 other types of insurers, except that:
13 (a) It does not apply as to reinsurance, except that
14 ss. 626.011-626.031, ss. 626.102-626.181, ss. 626.191-626.211,
15 ss. 626.291-626.301, s. 626.331, ss. 626.342-626.521, ss.
16 626.541-626.591, and ss. 626.601-626.711 shall apply as to
17 reinsurance intermediaries as defined in s. 626.7492.
18 (b) The applicability of this chapter as to fraternal
19 benefit societies shall be as provided in chapter 632.
20 (c) It does not apply to a bail bond agent, as defined
21 in s. 648.25, except as provided in chapter 648 or chapter
22 903.
23 (d) This part does not apply to a certified public
24 accountant licensed under chapter 473 who is acting within the
25 scope of the practice of public accounting, as defined in s.
26 473.302, provided that the activities of the certified public
27 accountant are limited to advising a client of the necessity
28 of obtaining insurance, the amount of insurance needed, or the
29 line of coverage needed, and provided that the certified
30 public accountant does not directly or indirectly receive or
31 share in any commission or, referral fee, or solicitor's fee.
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1 Reviser's note.--Amended to delete references
2 to "solicitors" and to "solicitor's fee" to
3 conform to the repeal of s. 626.071, which
4 defined "solicitor," by s. 72, ch. 2002-206,
5 Laws of Florida.
6
7 Section 78. Paragraph (a) of subsection (7) of section
8 626.112, Florida Statutes, is amended to read:
9 626.112 License and appointment required; agents,
10 customer representatives, adjusters, insurance agencies,
11 service representatives, managing general agents.--
12 (7)(a) No individual, firm, partnership, corporation,
13 association, or any other entity shall act in its own name or
14 under a trade name, directly or indirectly, as an insurance
15 agency, when required to be licensed by this subsection,
16 unless it complies with s. 626.172 with respect to possessing
17 an insurance agency license for each place of business at
18 which it engages in any activity which may be performed only
19 by a licensed insurance agent or solicitor.
20
21 Reviser's note.--Amended to delete one
22 remaining reference to "solicitor" to conform
23 to the deletion of references to solicitors
24 from other portions of s. 626.112 by ss. 8 and
25 48, ch. 2002-206, Laws of Florida, and to
26 conform to the repeal of s. 626.071, which
27 defined "solicitor," by s. 72, ch. 2002-206.
28
29 Section 79. Section 626.266, Florida Statutes, is
30 amended to read:
31
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1 626.266 Printing of examinations or related materials
2 to preserve examination security.--A contract let for the
3 development, administration, or grading of examinations or
4 related materials by the Department of Insurance pursuant to
5 the various agent, customer representative, solicitor, or
6 adjuster licensing and examination provisions of this code may
7 include the printing or furnishing of these examinations or
8 related materials in order to preserve security. Any such
9 contract shall be let as a contract for a contractual service
10 pursuant to s. 287.057.
11
12 Reviser's note.--Amended to delete a reference
13 to "solicitor" to conform to the repeal of s.
14 626.071, which defined "solicitor," by s. 72,
15 ch. 2002-206, Laws of Florida.
16
17 Section 80. Paragraphs (a) and (e) of subsection (1)
18 of section 626.321, Florida Statutes, are amended to read:
19 626.321 Limited licenses.--
20 (1) The department shall issue to a qualified
21 individual, or a qualified individual or entity under
22 paragraphs (c), (d), (e), and (i), a license as agent
23 authorized to transact a limited class of business in any of
24 the following categories:
25 (a) Motor vehicle physical damage and mechanical
26 breakdown insurance.--License covering insurance against only
27 the loss of or damage to any motor vehicle which is designed
28 for use upon a highway, including trailers and semitrailers
29 designed for use with such vehicles. Such license also covers
30 insurance against the failure of an original or replacement
31 part to perform any function for which it was designed. The
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1 applicant for such a license shall pass a written examination
2 covering motor vehicle physical damage insurance and
3 mechanical breakdown insurance. No individual while so
4 licensed shall hold a license as an agent or solicitor as to
5 any other or additional kind or class of insurance coverage
6 except as to a limited license for credit life and disability
7 insurances as provided in paragraph (e).
8 (e) Credit life or disability insurance.--License
9 covering only credit life or disability insurance. The license
10 may be issued only to an individual employed by a life or
11 health insurer as an officer or other salaried or commissioned
12 representative, to an individual employed by or associated
13 with a lending or financial institution or creditor, or to a
14 lending or financial institution or creditor, and may
15 authorize the sale of such insurance only with respect to
16 borrowers or debtors of such lending or financing institution
17 or creditor. However, only the individual or entity whose tax
18 identification number is used in receiving or is credited with
19 receiving the commission from the sale of such insurance shall
20 be the licensed agent of the insurer. No individual while so
21 licensed shall hold a license as an agent or solicitor as to
22 any other or additional kind or class of life or health
23 insurance coverage. An entity holding a limited license under
24 this paragraph is also authorized to sell credit insurance and
25 credit property insurance. An entity applying for a license
26 under this section:
27 1. Is required to submit only one application for a
28 license under s. 626.171. The requirements of s. 626.171(5)
29 shall only apply to the officers and directors of the entity
30 submitting the application.
31
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1 2. Is required to obtain a license for each office,
2 branch office, or place of business making use of the entity's
3 business name by applying to the department for the license on
4 a simplified form developed by rule of the department for this
5 purpose.
6 3. Is not required to pay any additional application
7 fees for a license issued to the offices or places of business
8 referenced in subsection (2), but is required to pay the
9 license fee as prescribed in s. 624.501, be appointed under s.
10 626.112, and pay the prescribed appointment fee under s.
11 624.501. The license obtained under this paragraph shall be
12 posted at the business location for which it was issued so as
13 to be readily visible to prospective purchasers of such
14 coverage.
15
16 Reviser's note.--Amended to delete remaining
17 references to "solicitor" to conform to the
18 deletion of references to solicitors from other
19 portions of s. 626.321 by ss. 16 and 53, ch.
20 2002-206, Laws of Florida, and to conform to
21 the repeal of s. 626.071, which defined
22 "solicitor," by s. 72, ch. 2002-206.
23
24 Section 81. Section 626.461, Florida Statutes, is
25 amended to read:
26 626.461 Continuation of appointment of agent or other
27 representative.--Subject to renewal or continuation by the
28 appointing entity, the appointment of the agent, adjuster,
29 solicitor, service representative, customer representative, or
30 managing general agent shall continue in effect until the
31 person's license is revoked or otherwise terminated, unless
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1 written notice of earlier termination of the appointment is
2 filed with the department by either the appointing entity or
3 the appointee.
4
5 Reviser's note.--Amended to delete a reference
6 to "solicitor" to conform to the repeal of s.
7 626.071, which defined "solicitor," by s. 72,
8 ch. 2002-206, Laws of Florida.
9
10 Section 82. Section 626.733, Florida Statutes, is
11 amended to read:
12 626.733 Agency firms and corporations; special
13 requirements.--If a sole proprietorship, partnership,
14 corporation, or association holds an agency contract, all
15 members thereof who solicit, negotiate, or effect insurance
16 contracts, and all officers and stockholders of the
17 corporation who solicit, negotiate, or effect insurance
18 contracts, are required to qualify and be licensed
19 individually as agents, solicitors, or customer
20 representatives; and all of such agents must be individually
21 appointed as to each property and casualty insurer entering
22 into an agency contract with such agency. Each such
23 appointing insurer as soon as known to it shall comply with
24 this section and shall determine and require that each agent
25 so associated in or so connected with such agency is likewise
26 appointed as to the same such insurer and for the same type
27 and class of license. However, no insurer is required to
28 comply with the provisions of this section if such insurer
29 satisfactorily demonstrates to the department that the insurer
30 has issued an aggregate net written premium, in an agency, in
31 an amount of $25,000 or less.
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1 Reviser's note.--Amended to delete a reference
2 to "solicitors" to conform to the repeal of s.
3 626.071, which defined "solicitor," by s. 72,
4 ch. 2002-206, Laws of Florida.
5
6 Section 83. Subsection (2) of section 626.7354,
7 Florida Statutes, is amended to read:
8 626.7354 Customer representative's powers; agent's or
9 agency's responsibility.--
10 (2) A customer representative may engage in
11 transacting insurance with customers who have been solicited
12 by any agent, solicitor, or customer representative in the
13 same agency, and may engage in transacting insurance with
14 customers who have not been so solicited to the extent and
15 under conditions that are otherwise consistent with this part
16 and with the insurer's contract with the agent appointing him
17 or her.
18
19 Reviser's note.--Amended to delete a reference
20 to "solicitor" to conform to the repeal of s.
21 626.071, which defined "solicitor," by s. 72,
22 ch. 2002-206, Laws of Florida.
23
24 Section 84. Subsection (3) of section 626.741, Florida
25 Statutes, is amended to read:
26 626.741 Nonresident agents; licensing and
27 restrictions.--
28 (3) The department shall not, however, issue any
29 license and appointment to any nonresident who has an office
30 or place of business in this state, or who has any direct or
31 indirect pecuniary interest in any insurance agent or,
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1 insurance agency, or in any solicitor licensed as a resident
2 of this state; nor to any individual who does not, at the time
3 of issuance and throughout the existence of the Florida
4 license, hold a license as agent or broker issued by his or
5 her home state; nor to any individual who is employed by any
6 insurer as a service representative or who is a managing
7 general agent in any state, whether or not also licensed in
8 another state as an agent or broker. The foregoing
9 requirement to hold a similar license in the applicant's home
10 state does not apply to customer representatives unless the
11 home state licenses residents of that state in a similar
12 manner. The prohibition against having an office or place of
13 business in this state does not apply to customer
14 representatives who are required to conduct business solely
15 within the confines of the office of a licensed and appointed
16 Florida resident general lines agent in this state. The
17 authority of such nonresident license is limited to the
18 specific lines of authority granted in the license issued by
19 the agent's home state and further limited to the specific
20 lines authorized under the nonresident license issued by this
21 state. The department shall have discretion to refuse to issue
22 any license or appointment to a nonresident when it has reason
23 to believe that the applicant by ruse or subterfuge is
24 attempting to avoid the intent and prohibitions contained in
25 this subsection or to believe that any of the grounds exist as
26 for suspension or revocation of license as set forth in ss.
27 626.611 and 626.621.
28
29 Reviser's note.--Amended to delete a reference
30 to "solicitor" to conform to the repeal of s.
31
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1 626.071, which defined "solicitor," by s. 72,
2 ch. 2002-206, Laws of Florida.
3
4 Section 85. Paragraph (a) of subsection (1) of section
5 626.753, Florida Statutes, is amended to read:
6 626.753 Sharing commissions; penalty.--
7 (1)(a) An agent may divide or share in commissions
8 only with his or her own employed solicitors and with other
9 agents appointed and licensed to write the same kind or kinds
10 of insurance.
11
12 Reviser's note.--Amended to delete a reference
13 to an insurance agent's "own employed
14 solicitors" to conform to the repeal of s.
15 626.071, which defined "solicitor," by s. 72,
16 ch. 2002-206, Laws of Florida.
17
18 Section 86. Subsection (2) of section 626.829, Florida
19 Statutes, is amended to read:
20 626.829 "Health agent" defined.--
21 (2) Any person who acts for an insurer, or on behalf
22 of a licensed representative of an insurer, to solicit
23 applications for or to negotiate and effectuate health
24 insurance contracts, whether or not he or she is appointed as
25 an agent, subagent, solicitor, or canvasser or by any other
26 title, shall be deemed to be a health agent and shall be
27 qualified, licensed, and appointed as a health agent.
28
29 Reviser's note.--Amended to delete a reference
30 to "solicitor" to conform to the repeal of s.
31
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1 626.071, which defined "solicitor," by s. 72,
2 ch. 2002-206, Laws of Florida.
3
4 Section 87. Subsection (5) of section 626.852, Florida
5 Statutes, is amended to read:
6 626.852 Scope of this part.--
7 (5) This part does not apply to any employee or agent
8 of a state university board of trustees providing services in
9 support of any self-insurance program created under former s.
10 240.213 or s. 1004.24.
11
12 Reviser's note.--Amended to conform to the
13 repeal of s. 240.213 by s. 1058, ch. 2002-387,
14 Laws of Florida.
15
16 Section 88. Paragraph (h) of subsection (1) of section
17 626.9541, Florida Statutes, is amended to read:
18 626.9541 Unfair methods of competition and unfair or
19 deceptive acts or practices defined.--
20 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR
21 DECEPTIVE ACTS.--The following are defined as unfair methods
22 of competition and unfair or deceptive acts or practices:
23 (h) Unlawful rebates.--
24 1. Except as otherwise expressly provided by law, or
25 in an applicable filing with the department, knowingly:
26 a. Permitting, or offering to make, or making, any
27 contract or agreement as to such contract other than as
28 plainly expressed in the insurance contract issued thereon;
29 b. Paying, allowing, or giving, or offering to pay,
30 allow, or give, directly or indirectly, as inducement to such
31 insurance contract, any unlawful rebate of premiums payable on
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1 the contract, any special favor or advantage in the dividends
2 or other benefits thereon, or any valuable consideration or
3 inducement whatever not specified in the contract;
4 c. Giving, selling, or purchasing, or offering to
5 give, sell, or purchase, as inducement to such insurance
6 contract or in connection therewith, any stocks, bonds, or
7 other securities of any insurance company or other
8 corporation, association, or partnership, or any dividends or
9 profits accrued thereon, or anything of value whatsoever not
10 specified in the insurance contract.
11 2. Nothing in paragraph (g) or subparagraph 1. of this
12 paragraph shall be construed as including within the
13 definition of discrimination or unlawful rebates:
14 a. In the case of any contract of life insurance or
15 life annuity, paying bonuses to all policyholders or otherwise
16 abating their premiums in whole or in part out of surplus
17 accumulated from nonparticipating insurance; provided that any
18 such bonuses or abatement of premiums is fair and equitable to
19 all policyholders and for the best interests of the company
20 and its policyholders.
21 b. In the case of life insurance policies issued on
22 the industrial debit plan, making allowance to policyholders
23 who have continuously for a specified period made premium
24 payments directly to an office of the insurer in an amount
25 which fairly represents the saving in collection expenses.
26 c. Readjustment of the rate of premium for a group
27 insurance policy based on the loss or expense thereunder, at
28 the end of the first or any subsequent policy year of
29 insurance thereunder, which may be made retroactive only for
30 such policy year.
31
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1 d. Issuance of life insurance policies or annuity
2 contracts at rates less than the usual rates of premiums for
3 such policies or contracts, as group insurance or employee
4 insurance as defined in this code.
5 e. Issuing life or disability insurance policies on a
6 salary savings, bank draft, preauthorized check, payroll
7 deduction, or other similar plan at a reduced rate reasonably
8 related to the savings made by the use of such plan.
9 3.a. No title insurer, or any member, employee,
10 attorney, agent, or agency, or solicitor thereof, shall pay,
11 allow, or give, or offer to pay, allow, or give, directly or
12 indirectly, as inducement to title insurance, or after such
13 insurance has been effected, any rebate or abatement of the
14 agent's, agency's, or title insurer's share of the premium or
15 any charge for related title services below the cost for
16 providing such services, or provide any special favor or
17 advantage, or any monetary consideration or inducement
18 whatever. Nothing herein contained shall preclude an
19 abatement in an attorney's fee charged for legal services.
20 b. Nothing in this subparagraph shall be construed as
21 prohibiting the payment of fees to attorneys at law duly
22 licensed to practice law in the courts of this state, for
23 professional services, or as prohibiting the payment of earned
24 portions of the premium to duly appointed agents or agencies
25 who actually perform services for the title insurer.
26 c. No insured named in a policy, or any other person
27 directly or indirectly connected with the transaction
28 involving the issuance of such policy, including, but not
29 limited to, any mortgage broker, real estate broker, builder,
30 or attorney, any employee, agent, agency, or representative
31 thereof, or any other person whatsoever, shall knowingly
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1 receive or accept, directly or indirectly, any rebate or
2 abatement of said charge, or any monetary consideration or
3 inducement, other than as set forth in sub-subparagraph b.
4
5 Reviser's note.--Amended to delete a reference
6 to "solicitor" to conform to the deletion of
7 references to solicitors from other portions of
8 s. 626.9541 by s. 65, ch. 2002-206, Laws of
9 Florida, and to conform to the repeal of s.
10 626.071, which defined "solicitor," by s. 72,
11 ch. 2002-206.
12
13 Section 89. Section 627.3111, Florida Statutes, is
14 amended to read:
15 627.3111 Public records exemption.--All bank account
16 numbers and debit, charge, and credit card numbers, and all
17 other personal financial and health information of a consumer
18 held by the Department of Insurance or its service providers
19 or agents, relating to a consumer's complaint or inquiry
20 regarding a matter or activity regulated under the Florida
21 Insurance Code, are confidential and exempt from s. 119.07(1)
22 and s. 24(a), Art. I of the State Constitution. For the
23 purpose of this section, the term "consumer" includes but is
24 not limited to a prospective purchaser, purchaser, or
25 beneficiary of, or applicant for, any product or service
26 regulated under the Florida Insurance Code, and a family
27 member or dependent of a consumer, a subscriber under a group
28 policy, or a policyholder. This information shall be redacted
29 from records that contain nonexempt information prior to
30 disclosure. This exemption applies to information made
31 confidential and exempt by this section held by the Department
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1 of Insurance or its service providers or agents before, on, or
2 after the effective date of this exemption. Such confidential
3 and exempt information may be disclosed to another
4 governmental entity, if disclosure is necessary for the
5 receiving entity to perform its duties and responsibilities,
6 and may be disclosed to the National Association of Insurance
7 Commissioners. The receiving governmental entity and the
8 association must maintain the confidential and exempt status
9 of such information. The information made confidential and
10 exempt by this section may be used in a criminal, civil, or
11 administrative proceeding so long as the confidential and
12 exempt status of such information is maintained. This
13 exemption does not include the name and address of an inquirer
14 or complainant to the department or the name of an insurer or
15 other regulated entity which is the subject of the inquiry or
16 of complaint. This section is subject to the Open Government
17 Sunset Review Act of 1995 in accordance with s. 119.15 and
18 shall stand repealed on October 2, 2007, unless reviewed and
19 saved from repeal through reenactment by the Legislature.
20
21 Reviser's note.--Amended to improve clarity and
22 provide contextual consistency.
23
24 Section 90. Paragraphs (j), (k), and (r) of subsection
25 (6) of section 627.351, Florida Statutes, are amended to read:
26 627.351 Insurance risk apportionment plans.--
27 (6) CITIZENS PROPERTY INSURANCE CORPORATION.--
28 (j) For the purposes of s. 199.183(1), the corporation
29 shall be considered a political subdivision of the state and
30 shall be exempt from the corporate income tax. The premiums,
31 assessments, investment income, and other revenue of the
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1 corporation are funds received for providing property
2 insurance coverage as required by this subsection, paying
3 claims for Florida citizens insured by the corporation,
4 securing and repaying debt obligations issued by the
5 corporation, and conducting all other activities of the
6 corporation, and shall not be considered taxes, fees,
7 licenses, or charges for services imposed by the Legislature
8 on individuals, businesses, or agencies outside state
9 government. Bonds and other debt obligations issued by or on
10 behalf of the corporation are not to be considered "state
11 bonds" within the meaning of s. 215.58(10). The corporation is
12 not subject to the procurement provisions of chapter 287, and
13 policies and decisions of the corporation relating to
14 incurring debt, levying of assessments and the sale, issuance,
15 continuation, terms and claims under corporation policies, and
16 all services relating thereto, are not subject to the
17 provisions of chapter 120. The corporation is not required to
18 obtain or to hold a certificate of authority issued by the
19 department, nor is it required to participate as a member
20 insurer of the Florida Insurance Guaranty Association.
21 However, the corporation is required to pay, in the same
22 manner as an authorized insurer, assessments pledged by the
23 Florida Insurance Guaranty Association to secure bonds issued
24 or other indebtedness incurred to pay covered claims arising
25 from insurer insolvencies caused by, or proximately related
26 to, hurricane losses. It is the intent of the Legislature that
27 the tax exemptions provided in this paragraph will augment the
28 financial resources of the corporation to better enable the
29 corporation to fulfill its public purposes. Any bonds issued
30 by the corporation, their transfer, and the income therefrom,
31 including any profit made on the sale thereof, shall at all
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1 times be free from taxation of every kind by the state and any
2 political subdivision or local unit or other instrumentality
3 thereof; however, this exemption does not apply to any tax
4 imposed by chapter 220 200 on interest, income, or profits on
5 debt obligations owned by corporations other than the
6 corporation.
7 (k) Upon a determination by the department that the
8 conditions giving rise to the establishment and activation of
9 the corporation no longer exist, the corporation is dissolved.
10 Upon dissolution, the assets of the corporation association
11 shall be applied first to pay all debts, liabilities, and
12 obligations of the corporation, including the establishment of
13 reasonable reserves for any contingent liabilities or
14 obligations, and all remaining assets of the corporation shall
15 become property of the state and shall be deposited in the
16 Florida Hurricane Catastrophe Fund. However, no dissolution
17 shall take effect as long as the corporation has bonds or
18 other financial obligations outstanding unless adequate
19 provision has been made for the payment of the bonds or other
20 financial obligations pursuant to the documents authorizing
21 the issuance of the bonds or other financial obligations.
22 (r) The corporation shall not require the securing of
23 flood insurance as a condition of coverage if the insured or
24 applicant executes a form approved by the department affirming
25 that flood insurance is not provided by the corporation and
26 that if flood insurance is not secured by the applicant or
27 insured in addition to coverage by the corporation, the risk
28 will not be covered for flood damage. A corporation
29 policyholder electing not to secure flood insurance and
30 executing a form as provided herein making a claim clam for
31 water damage against the corporation shall have the burden of
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1 proving the damage was not caused by flooding. Notwithstanding
2 other provisions of this subsection, the corporation may deny
3 coverage to an applicant or insured who refuses to execute the
4 form described herein.
5
6 Reviser's note.--Paragraph (6)(j) is amended to
7 correct a cross-reference and conform to
8 context; chapter 200 does not impose a tax on
9 interest, income, or profits on debt
10 obligations owned by corporations, but chapter
11 220 does. Paragraph (6)(k) is amended to
12 substitute a reference to the "corporation" for
13 a reference to the "association" to conform to
14 that change made elsewhere by s. 2, ch.
15 2002-240, Laws of Florida, and s. 11, ch.
16 2002-282, Laws of Florida. The paragraph is
17 also amended to improve clarity and sentence
18 construction. Paragraph (6)(r) is amended to
19 correct an apparent error and conform to
20 context.
21
22 Section 91. Subsection (3) of section 628.255, Florida
23 Statutes, is amended to read:
24 628.255 Person with effective control cannot receive
25 commission unless contract approved; penalties.--
26 (3) For the purposes of this section, "effective
27 control" means ownership of 10 percent or more of company
28 stock or receipt of $25,000 or more cumulatively in
29 compensation in 1 calendar year other than commissions
30 resulting from insurance business produced by an agent or
31 solicitor.
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1 Reviser's note.--Amended to delete a reference
2 to "solicitor" to conform to the repeal of s.
3 626.071, which defined "solicitor," by s. 72,
4 ch. 2002-206, Laws of Florida.
5
6 Section 92. Subsection (2) of section 631.111, Florida
7 Statutes, is amended to read:
8 631.111 Order of liquidation; domestic insurers.--
9 (2) The order of liquidation shall authorize and
10 direct the department to take immediate possession of all the
11 property, assets, and estate, including, but not limited to,
12 all offices maintained by the insurer and all rights of
13 action, books, documents, papers, evidences of debt, and all
14 other property of every kind whatsoever and wheresoever
15 located belonging to the insurer, including, but not limited
16 to, all bank accounts, stocks, bonds, debentures, mortgages,
17 all premiums collected by premium finance companies or any
18 person otherwise engaged in premium financing, agents,
19 subagents, producing agents, brokers, solicitors, service
20 representatives, or others and not paid to the insurer,
21 furniture, fixtures, equipment, office supplies, and all real
22 property of the insurer and to hold all such assets pending
23 further orders of the court.
24
25 Reviser's note.--Amended to delete a reference
26 to "solicitors" to conform to the repeal of s.
27 626.071, which defined "solicitor," by s. 72,
28 ch. 2002-206, Laws of Florida.
29
30 Section 93. Subsection (7) of section 633.01, Florida
31 Statutes, is amended to read:
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1 633.01 State Fire Marshal; powers and duties; rules.--
2 (7) The State Fire Marshal shall adopt and administer
3 rules prescribing standards for the safety and health of
4 occupants of educational and ancillary facilities pursuant to
5 ss. 633.022, 1013.12, 1013.37, and 1013.371 235.06, and
6 235.26. In addition, in any county that does not employ or
7 appoint a local fire official, the State Fire Marshal shall
8 assume the duties of the local fire official with respect to
9 firesafety inspections of educational property required under
10 s. 1013.12(2)(b) 235.06(2)(b), and the State Fire Marshal may
11 take necessary corrective action as authorized under s.
12 1013.12(5) 235.06(4).
13
14 Reviser's note.--Amended to conform to the
15 repeal of ss. 235.06 and 235.26 by s. 1058, ch.
16 2002-387, Laws of Florida, and the enactment of
17 similar material in ss. 1013.12, 1013.37, and
18 1013.371, by ss. 805, 834, and 835, ch.
19 2002-387, respectively.
20
21 Section 94. Section 634.171, Florida Statutes, is
22 amended to read:
23 634.171 Salesperson to be licensed and
24 appointed.--Salespersons for motor vehicle service agreement
25 companies and insurers shall be licensed, appointed, renewed,
26 continued, reinstated, or terminated as prescribed in chapter
27 626 for insurance representatives in general. However, they
28 shall be exempt from all other provisions of chapter 626
29 including fingerprinting, photo identification, education, and
30 examination provisions. License, appointment, and other fees
31 shall be those prescribed in s. 624.501. A licensed and
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1 appointed salesperson shall be directly responsible and
2 accountable for all acts of her or his employees and other
3 representatives. Each service agreement company or insurer
4 shall, on forms prescribed by the department, within 30 days
5 after termination of the appointment, notify the department of
6 such termination. No employee or salesperson of a motor
7 vehicle service agreement company or insurer may directly or
8 indirectly solicit or negotiate insurance contracts, or hold
9 herself or himself out in any manner to be an insurance agent
10 or solicitor, unless so qualified, licensed, and appointed
11 therefor under the Florida Insurance Code. A motor vehicle
12 service agreement company is not required to be licensed as a
13 salesperson to solicit, sell, issue, or otherwise transact the
14 motor vehicle service agreements issued by the motor vehicle
15 service agreement company.
16
17 Reviser's note.--Amended to delete a reference
18 to "solicitor" to conform to the repeal of s.
19 626.071, which defined "solicitor," by s. 72,
20 ch. 2002-206, Laws of Florida.
21
22 Section 95. Section 634.420, Florida Statutes, is
23 amended to read:
24 634.420 License and appointment of sales
25 representatives.--Sales representatives for service warranty
26 associations or insurers shall be licensed, appointed,
27 renewed, continued, reinstated, or terminated in accordance
28 with procedures as prescribed in chapter 626 for insurance
29 representatives in general. However, they shall be exempt
30 from all other provisions of chapter 626, including
31 fingerprinting, photo identification, education, and
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1 examination. License, appointment, and other fees shall be
2 those prescribed in s. 624.501. A licensed and appointed
3 sales representative shall be directly responsible and
4 accountable for all acts of the licensed sales
5 representative's employees or other representatives. Each
6 service warranty association or insurer shall, on forms
7 prescribed by the department, within 30 days after termination
8 of the appointment, notify the department of such termination.
9 No employee or sales representative of a service warranty
10 association or insurer may directly or indirectly solicit or
11 negotiate insurance contracts, or hold herself or himself out
12 in any manner to be an insurance agent or solicitor, unless so
13 qualified, licensed, and appointed therefor under the
14 insurance code.
15
16 Reviser's note.--Amended to delete a reference
17 to "solicitor" to conform to the repeal of s.
18 626.071, which defined "solicitor," by s. 72,
19 ch. 2002-206, Laws of Florida.
20
21 Section 96. Paragraph (a) of subsection (15) of
22 section 641.35, Florida Statutes, is amended to read:
23 641.35 Assets, liabilities, and investments.--
24 (15) INVESTMENT OF EXCESS FUNDS.--
25 (a) After satisfying the requirements of this part,
26 any funds of a health maintenance organization in excess of
27 its statutorily required reserves and surplus may be invested:
28 1. Without limitation in any investments otherwise
29 authorized by this part; or
30 2. In such other investments not specifically
31 authorized by this part, provided such investments do not
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1 exceed the lesser of 5 percent of the health maintenance
2 organization's admitted assets or 25 percent of the amount by
3 which a health maintenance organization's surplus exceeds its
4 statutorily required minimum surplus. A health maintenance
5 organization may exceed the limitations of this subparagraph
6 only with the prior written approval of the department.
7
8 Reviser's note.--Amended to improve clarity and
9 sentence construction.
10
11 Section 97. Section 642.034, Florida Statutes, is
12 amended to read:
13 642.034 License and appointment required.--No person
14 may solicit, negotiate, sell, or execute legal expense
15 insurance contracts on behalf of an insurer in this state
16 unless such person is licensed and appointed as a sales
17 representative or is licensed and appointed under the
18 insurance code as a general lines agent or solicitor. No
19 person licensed and appointed as a legal expense insurance
20 sales representative may solicit, negotiate, sell, or execute
21 any other contract of insurance unless such person is duly
22 licensed and appointed to do so under the provisions of
23 chapter 626.
24
25 Reviser's note.--Amended to delete a reference
26 to "solicitor" to conform to the repeal of s.
27 626.071, which defined "solicitor," by s. 72,
28 ch. 2002-206, Laws of Florida.
29
30 Section 98. Section 642.036, Florida Statutes, is
31 amended to read:
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1 642.036 Sales representatives to be licensed and
2 appointed.--Sales representatives of legal expense insurers
3 shall be licensed, appointed, renewed, continued, reinstated,
4 or terminated as prescribed in chapter 626 for insurance
5 representatives in general, and shall pay the license and
6 appointment fees prescribed in s. 624.501. No employee or
7 sales representative of an insurer may directly or indirectly
8 solicit or negotiate insurance contracts, or hold herself or
9 himself out in any manner to be an insurance agent or
10 solicitor, unless so qualified, licensed, and appointed
11 therefor under the insurance code.
12
13 Reviser's note.--Amended to delete a reference
14 to "solicitor" to conform to the repeal of s.
15 626.071, which defined "solicitor," by s. 72,
16 ch. 2002-206, Laws of Florida.
17
18 Section 99. Subsection (2) of section 642.045, Florida
19 Statutes, is amended to read:
20 642.045 Procedure for refusal, suspension, or
21 revocation of license and appointment of sales representative;
22 departmental action upon violation by licensed insurance agent
23 or solicitor.--
24 (2) Whenever it appears that any licensed insurance
25 agent or solicitor has violated the provisions of ss.
26 642.011-642.049, or if any grounds listed in s. 642.041 or s.
27 642.043 exist as to such agent or solicitor, the department
28 may take such action as is authorized by the insurance code
29 for a violation of the insurance code by such agent or
30 solicitor, or such action as is authorized by this chapter for
31 a violation of this chapter by a sales representative.
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1 Reviser's note.--Amended to delete references
2 to "solicitor" to conform to the repeal of s.
3 626.071, which defined "solicitor," by s. 72,
4 ch. 2002-206, Laws of Florida.
5
6 Section 100. Paragraph (g) of subsection (1) of
7 section 648.355, Florida Statutes, is amended to read:
8 648.355 Temporary limited license as limited surety
9 agent or professional bail bond agent; pending examination.--
10 (1) The department may, in its discretion, issue a
11 temporary license as a limited surety agent or professional
12 bail bond agent, subject to the following conditions:
13 (g) The applicant must file with the department
14 statements by at a least three reputable citizens who are
15 residents of the same counties in which the applicant proposes
16 to engage as a temporary licensee.
17
18 Reviser's note.--Amended to improve clarity and
19 conform to context.
20
21 Section 101. Paragraph (b) of subsection (2) of
22 section 679.703, Florida Statutes, is amended to read:
23 679.703 Security interest perfected before effective
24 date.--
25 (2) Except as otherwise provided in s. 679.705, if,
26 immediately before this act takes effect, a security interest
27 is enforceable and would have priority over the rights of a
28 person who becomes a lien creditor at that time, but the
29 applicable requirements for enforceability or perfection under
30 this act are not satisfied when this act takes effect, the
31 security interest:
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1 (b) Remains enforceable thereafter only if the
2 security interest becomes enforceable under former s. 679.203
3 before the year expires; and
4
5 Reviser's note.--Amended to conform to the
6 repeal of s. 679.203 by s. 2, ch. 2001-198,
7 Laws of Florida.
8
9 Section 102. Subsection (2) of section 679.704,
10 Florida Statutes, is amended to read:
11 679.704 Security interest unperfected before effective
12 date.--A security interest that is enforceable immediately
13 before this act takes effect but that would be subordinate to
14 the rights of a person who becomes a lien creditor at that
15 time:
16 (2) Remains enforceable thereafter if the security
17 interest becomes enforceable under former s. 679.203 when this
18 act takes effect or within 1 year thereafter; and
19
20 Reviser's note.--Amended to conform to the
21 repeal of s. 679.203 by s. 2, ch. 2001-198,
22 Laws of Florida.
23
24 Section 103. Subsection (2) of section 765.5216,
25 Florida Statutes, is amended to read:
26 765.5216 Organ and tissue donor education panel.--
27 (2) There is created within the Agency for Health Care
28 Administration a statewide organ and tissue donor education
29 panel, consisting of 12 members, to represent the interests of
30 the public with regard to increasing the number of organ and
31 tissue donors within the state. The panel and the Organ and
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1 Tissue Procurement and Transplantation Advisory Board
2 established in s. 765.543 381.6023 shall jointly develop,
3 subject to the approval of the Agency for Health Care
4 Administration, education initiatives pursuant to s. 765.5215,
5 which the agency shall implement. The membership must be
6 balanced with respect to gender, ethnicity, and other
7 demographic characteristics so that the appointees reflect the
8 diversity of the population of this state. The panel members
9 must include:
10 (a) A representative from the Agency for Health Care
11 Administration, who shall serve as chairperson of the panel.
12 (b) A representative from a Florida licensed organ
13 procurement organization.
14 (c) A representative from a Florida licensed tissue
15 bank.
16 (d) A representative from a Florida licensed eye bank.
17 (e) A representative from a Florida licensed hospital.
18 (f) A representative from the Division of Driver
19 Licenses of the Department of Highway Safety and Motor
20 Vehicles, who possesses experience and knowledge in dealing
21 with the public.
22 (g) A representative from the family of an organ,
23 tissue, or eye donor.
24 (h) A representative who has been the recipient of a
25 transplanted organ, tissue, or eye, or is a family member of a
26 recipient.
27 (i) A representative who is a minority person as
28 defined in former s. 381.81.
29 (j) A representative from a professional association
30 or public relations or advertising organization.
31
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1 (k) A representative from a community service club or
2 organization.
3 (l) A representative from the Department of Education.
4
5 Reviser's note.--Amended to conform a
6 cross-reference to s. 381.6023 to the transfer
7 of that section to s. 765.543 by this act.
8
9 Section 104. Subsection (5) of section 765.522,
10 Florida Statutes, is amended to read:
11 765.522 Duty of certain hospital administrators;
12 liability of hospital administrators, organ procurement
13 organizations, eye banks, and tissue banks.--
14 (5) There shall be no civil or criminal liability
15 against any organ procurement organization, eye bank, or
16 tissue bank certified under s. 765.542 381.6022, or against
17 any hospital or hospital administrator or designee, when
18 complying with the provisions of this part and the rules of
19 the Agency for Health Care Administration or when, in the
20 exercise of reasonable care, a request for organ donation is
21 inappropriate and the gift is not made according to this part
22 and the rules of the Agency for Health Care Administration.
23
24 Reviser's note.--Amended to conform a
25 cross-reference to s. 381.6022 to the transfer
26 of that section to s. 765.542 by this act.
27
28 Section 105. Section 768.16, Florida Statutes, is
29 amended to read:
30
31
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1 768.16 Wrongful Death Act.--Sections 768.16-768.26
2 768.16-768.27 may be cited as the "Florida Wrongful Death
3 Act."
4
5 Reviser's note.--Amended to conform to the
6 repeal of s. 768.27 by s. 3, ch. 2000-341, Laws
7 of Florida.
8
9 Section 106. Section 768.17, Florida Statutes, is
10 amended to read:
11 768.17 Legislative intent.--It is the public policy of
12 the state to shift the losses resulting when wrongful death
13 occurs from the survivors of the decedent to the wrongdoer.
14 Sections 768.16-768.26 768.16-768.27 are remedial and shall be
15 liberally construed.
16
17 Reviser's note.--Amended to conform to the
18 repeal of s. 768.27 by s. 3, ch. 2000-341, Laws
19 of Florida.
20
21 Section 107. Section 768.18, Florida Statutes, is
22 amended to read:
23 768.18 Definitions.--As used in ss. 768.16-768.26
24 768.16-768.27:
25 (1) "Survivors" means the decedent's spouse, children,
26 parents, and, when partly or wholly dependent on the decedent
27 for support or services, any blood relatives and adoptive
28 brothers and sisters. It includes the child born out of
29 wedlock of a mother, but not the child born out of wedlock of
30 the father unless the father has recognized a responsibility
31 for the child's support.
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1 (2) "Minor children" means children under 25 years of
2 age, notwithstanding the age of majority.
3 (3) "Support" includes contributions in kind as well
4 as money.
5 (4) "Services" means tasks, usually of a household
6 nature, regularly performed by the decedent that will be a
7 necessary expense to the survivors of the decedent. These
8 services may vary according to the identity of the decedent
9 and survivor and shall be determined under the particular
10 facts of each case.
11 (5) "Net accumulations" means the part of the
12 decedent's expected net business or salary income, including
13 pension benefits, that the decedent probably would have
14 retained as savings and left as part of her or his estate if
15 the decedent had lived her or his normal life expectancy. "Net
16 business or salary income" is the part of the decedent's
17 probable gross income after taxes, excluding income from
18 investments continuing beyond death, that remains after
19 deducting the decedent's personal expenses and support of
20 survivors, excluding contributions in kind.
21
22 Reviser's note.--Amended to conform to the
23 repeal of s. 768.27 by s. 3, ch. 2000-341, Laws
24 of Florida.
25
26 Section 108. Paragraph (h) of subsection (2) of
27 section 790.06, Florida Statutes, is amended to read:
28 790.06 License to carry concealed weapon or firearm.--
29 (2) The Department of Agriculture and Consumer
30 Services shall issue a license if the applicant:
31
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1 (h) Demonstrates competence with a firearm by any one
2 of the following:
3 1. Completion of any hunter education or hunter safety
4 course approved by the Fish and Wildlife Conservation
5 Commission or a similar agency of another state;
6 2. Completion of any National Rifle Association
7 firearms safety or training course;
8 3. Completion of any firearms safety or training
9 course or class available to the general public offered by a
10 law enforcement, junior college, college, or private or public
11 institution or organization or firearms training school,
12 utilizing instructors certified by the National Rifle
13 Association, Criminal Justice Standards and Training
14 Commission, or the Department of Agriculture and Consumer
15 Services Department of State;
16 4. Completion of any law enforcement firearms safety
17 or training course or class offered for security guards,
18 investigators, special deputies, or any division or
19 subdivision of law enforcement or security enforcement;
20 5. Presents evidence of equivalent experience with a
21 firearm through participation in organized shooting
22 competition or military service;
23 6. Is licensed or has been licensed to carry a firearm
24 in this state or a county or municipality of this state,
25 unless such license has been revoked for cause; or
26 7. Completion of any firearms training or safety
27 course or class conducted by a state-certified or National
28 Rifle Association certified firearms instructor;
29
30 A photocopy of a certificate of completion of any of the
31 courses or classes; or an affidavit from the instructor,
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1 school, club, organization, or group that conducted or taught
2 said course or class attesting to the completion of the course
3 or class by the applicant; or a copy of any document which
4 shows completion of the course or class or evidences
5 participation in firearms competition shall constitute
6 evidence of qualification under this paragraph; any person who
7 conducts a course pursuant to subparagraph 2., subparagraph
8 3., or subparagraph 7., or who, as an instructor, attests to
9 the completion of such courses, must maintain records
10 certifying that he or she observed the student safely handle
11 and discharge the firearm;
12
13 Reviser's note.--Amended to improve clarity and
14 facilitate correct interpretation. The Division
15 of Licensing of the Department of State was
16 transferred to the Department of Agriculture
17 and Consumer Services and reestabished as a
18 division within that department by s. 1, ch.
19 2002-295, Laws of Florida.
20
21 Section 109. Paragraph (a) of subsection (3) of
22 section 921.0022, Florida Statutes, is amended to read:
23 921.0022 Criminal Punishment Code; offense severity
24 ranking chart.--
25 (3) OFFENSE SEVERITY RANKING CHART
26
27 Florida Felony
28 Statute Degree Description
29
30 (a) LEVEL 1
31
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1 24.118(3)(a) 3rd Counterfeit or altered state
2 lottery ticket.
3 212.054(2)(b) 3rd Discretionary sales surtax;
4 limitations, administration, and
5 collection.
6 212.15(2)(b) 3rd Failure to remit sales taxes,
7 amount greater than $300 but less
8 than $20,000.
9 319.30(5) 3rd Sell, exchange, give away
10 certificate of title or
11 identification number plate.
12 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
13 odometer.
14 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
15 registration license plates or
16 validation stickers.
17 322.212
18 (1)(a)-(c) 3rd Possession of forged, stolen,
19 counterfeit, or unlawfully issued
20 driver's license; possession of
21 simulated identification.
22 322.212(4) 3rd Supply or aid in supplying
23 unauthorized driver's license or
24 identification card.
25 322.212(5)(a) 3rd False application for driver's
26 license or identification card.
27 370.13(2)(c)1.
28 370.13(3)(a) 3rd Molest any stone crab trap, line,
29 or buoy which is property of
30 licenseholder.
31
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1 370.135(1) 3rd Molest any blue crab trap, line,
2 or buoy which is property of
3 licenseholder.
4 372.663(1) 3rd Poach any alligator or
5 crocodilia.
6 414.39(2) 3rd Unauthorized use, possession,
7 forgery, or alteration of food
8 stamps, Medicaid ID, value
9 greater than $200.
10 414.39(3)(a) 3rd Fraudulent misappropriation of
11 public assistance funds by
12 employee/official, value more
13 than $200.
14 443.071(1) 3rd False statement or representation
15 to obtain or increase
16 unemployment compensation
17 benefits.
18 509.151(1) 3rd Defraud an innkeeper, food or
19 lodging value greater than $300.
20 517.302(1) 3rd Violation of the Florida
21 Securities and Investor
22 Protection Act.
23 562.27(1) 3rd Possess still or still apparatus.
24 713.69 3rd Tenant removes property upon
25 which lien has accrued, value
26 more than $50.
27 812.014(3)(c) 3rd Petit theft (3rd conviction);
28 theft of any property not
29 specified in subsection (2).
30
31
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1 812.081(2) 3rd Unlawfully makes or causes to be
2 made a reproduction of a trade
3 secret.
4 815.04(4)(a) 3rd Offense against intellectual
5 property (i.e., computer
6 programs, data).
7 817.52(2) 3rd Hiring with intent to defraud,
8 motor vehicle services.
9 817.569(2) 3rd Use of public record or public
10 records information to facilitate
11 commission of a felony.
12 826.01 3rd Bigamy.
13 828.122(3) 3rd Fighting or baiting animals.
14 831.04(1) 3rd Any erasure, alteration, etc., of
15 any replacement deed, map, plat,
16 or other document listed in s.
17 92.28.
18 831.31(1)(a) 3rd Sell, deliver, or possess
19 counterfeit controlled
20 substances, all but s. 893.03(5)
21 drugs.
22 832.041(1) 3rd Stopping payment with intent to
23 defraud $150 or more.
24 832.05
25 (2)(b)&(4)(c) 3rd Knowing, making, issuing
26 worthless checks $150 or more or
27 obtaining property in return for
28 worthless check $150 or more.
29 838.015(3) 3rd Bribery.
30 838.016(1) 3rd Public servant receiving unlawful
31 compensation.
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1 838.15(2) 3rd Commercial bribe receiving.
2 838.16 3rd Commercial bribery.
3 843.18 3rd Fleeing by boat to elude a law
4 enforcement officer.
5 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
6 lewd, etc., material (2nd
7 conviction).
8 849.01 3rd Keeping gambling house.
9 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
10 or assist therein, conduct or
11 advertise drawing for prizes, or
12 dispose of property or money by
13 means of lottery.
14 849.23 3rd Gambling-related machines;
15 "common offender" as to property
16 rights.
17 849.25(2) 3rd Engaging in bookmaking.
18 860.08 3rd Interfere with a railroad signal.
19 860.13(1)(a) 3rd Operate aircraft while under the
20 influence.
21 893.13(2)(a)2. 3rd Purchase of cannabis.
22 893.13(6)(a) 3rd Possession of cannabis (more than
23 20 grams).
24 934.03(1)(a) 3rd Intercepts, or procures any other
25 person to intercept, any wire or
26 oral communication.
27
28 Reviser's note.--Amended to improve clarity and
29 facilitate correct interpretation. Section
30 370.13(3)(a) no longer exists. Section 370.13
31 was substantially reworded by s. 38, ch.
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1 2000-364, Laws of Florida, and material similar
2 to the contents of former s. 370.13(3)(a) can
3 now be found at s. 370.13(2)(c)1.
4
5 Section 110. Paragraph (a) of subsection (1) of
6 section 943.22, Florida Statutes, is amended to read:
7 943.22 Salary incentive program for full-time
8 officers.--
9 (1) For the purpose of this section, the term:
10 (a) "Accredited college, university, or community
11 college" means a college, university, or community college
12 which has been accredited by the Southern Association of
13 Colleges and Schools, another regional accrediting agency, or
14 the Accrediting Council for Independent Colleges and Schools
15 Accrediting Commission for Independent Colleges and Schools.
16
17 Reviser's note.--Amended to improve clarity and
18 facilitate correct interpretation and to
19 conform to the correct name of the Accrediting
20 Council for Independent Colleges and Schools.
21
22 Section 111. Section 943.66, Florida Statutes, is
23 amended to read:
24 943.66 Rules; Facilities Program, Capitol Police;
25 traffic regulation.--The Capitol Police may enforce rules of
26 the Department of Management Services governing the
27 administration, operation, and management of the Facilities
28 Program and regulating traffic and parking at on state-owned
29 buildings or on state-owned property and any local ordinance
30 on the violation of such if such rules are not in conflict
31 with any state law or county or municipal ordinance, and are
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1 not inconsistent with the other requirements of ss.
2 943.61-943.68 or any security plan developed and approved
3 thereunder.
4
5 Reviser's note.--Amended to improve clarity and
6 facilitate correct interpretation.
7
8 Section 112. Subsection (6) of section 945.355,
9 Florida Statutes, is amended to read:
10 945.355 HIV testing of inmates prior to release.--
11 (6) Notwithstanding any provision of the Florida
12 Statutes providing for a waiver of sovereign immunity, neither
13 the state, its agencies, subdivisions nor employees of the
14 state, its agencies, or subdivisions shall be liable to any
15 person for negligently causing death or personal injury
16 arising out of complying with this section s. 944.355.
17
18 Reviser's note.--Amended to substitute a
19 reference to s. 945.355 for a reference to s.
20 944.355, which does not exist. Reference to
21 immunity for the referenced actions arising out
22 of compliance with "this section" (s. 945.355)
23 conforms to context.
24
25 Section 113. Paragraph (a) of subsection (5) of
26 section 1000.01, Florida Statutes, is amended to read:
27 1000.01 The Florida K-20 education system; technical
28 provisions.--
29 (5) EDUCATION GOVERNANCE TRANSFERS.--
30 (a) Effective July 1, 2001:
31 1. The Board of Regents is abolished.
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1 2. All of the powers, duties, functions, records,
2 personnel, and property; unexpended balances of
3 appropriations, allocations, and other funds; administrative
4 authority; administrative rules; pending issues; and existing
5 contracts of the Board of Regents are transferred by a type
6 two transfer, pursuant to s. 20.06(2), to the State Florida
7 Board of Education.
8 3. The State Board of Community Colleges is abolished.
9 4. All of the powers, duties, functions, records,
10 personnel, and property; unexpended balances of
11 appropriations, allocations, and other funds; administrative
12 authority; administrative rules; pending issues; and existing
13 contracts of the State Board of Community Colleges are
14 transferred by a type two transfer, pursuant to s. 20.06(2),
15 from the Department of Education to the State Florida Board of
16 Education.
17 5. The Postsecondary Education Planning Commission is
18 abolished.
19 6. The Council for Education Policy Research and
20 Improvement is created as an independent office under the
21 Office of Legislative Services.
22 7. All personnel, unexpended balances of
23 appropriations, and allocations of the Postsecondary Education
24 Planning Commission are transferred to the Council for
25 Education Policy Research and Improvement.
26 8. The Articulation Coordinating Committee and the
27 Education Standards Commission are transferred by a type two
28 transfer, pursuant to s. 20.06(2), from the Department of
29 Education to the State Florida Board of Education.
30
31
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1 Reviser's note.--Amended to improve clarity and
2 facilitate correct interpretation. Section
3 229.004, which established the Florida Board of
4 Education, was repealed by s. 1058, ch.
5 2002-387, Laws of Florida. Section 19, ch.
6 2002-387, established the State Board of
7 Education.
8
9 Section 114. Section 1004.07, Florida Statutes, is
10 amended to read:
11 1004.07 Student withdrawal from courses due to
12 military service; effect.--Each district school board,
13 community college district board of trustees, and university
14 board of trustees shall establish, by rule and pursuant to
15 guidelines of the State Florida Board of Education, policies
16 regarding currently enrolled students who are called to, or
17 enlist in, active military service. Such policies shall
18 provide that any student enrolled in a postsecondary course or
19 courses at an area technical center, a public community
20 college, a public college, or a state university shall not
21 incur academic or financial penalties by virtue of performing
22 military service on behalf of our country. Such student shall
23 be permitted the option of either completing the course or
24 courses at a later date without penalty or withdrawing from
25 the course or courses with a full refund of fees paid. If the
26 student chooses to withdraw, the student's record shall
27 reflect that the withdrawal is due to active military service.
28
29 Reviser's note.--Amended to improve clarity and
30 facilitate correct interpretation. Section
31 229.004, which established the Florida Board of
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1 Education, was repealed by s. 1058, ch.
2 2002-387, Laws of Florida. Section 19, ch.
3 2002-387, established the State Board of
4 Education.
5
6 Section 115. Subsection (7) of section 1004.22,
7 Florida Statutes, is amended to read:
8 1004.22 Divisions of sponsored research at state
9 universities.--
10 (7) All purchases of a division of sponsored research
11 shall be made in accordance with the policies and procedures
12 of the university; however, upon certification addressed to
13 the university president that it is necessary for the
14 efficient or expeditious prosecution of a research project,
15 the president may exempt the purchase of material, supplies,
16 equipment, or services for research purposes shall be exempt
17 from the general purchasing requirement of the Florida
18 Statutes.
19
20 Reviser's note.--Amended to improve clarity and
21 facilitate correct interpretation.
22
23 Section 116. Subsection (3) of section 1004.32,
24 Florida Statutes, is amended to read:
25 1004.32 New College of Florida.--
26 (3) BOARD OF TRUSTEES.--The Governor shall appoint 12
27 members to the Board of Trustees, to serve 4-year staggered
28 terms, as follows:
29 (a) Three residents of Sarasota County.
30 (b) Two residents of Manatee County.
31
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1 (c) Until the expiration date of the terms of office
2 of the members who are on the board June 30, 2001, seven
3 members selected from the Board of Trustees of the New College
4 Foundation.
5
6 In addition, the student body president of New College of
7 Florida elected pursuant to s. 1004.26 240.236 shall serve ex
8 officio as a voting member of the board of trustees.
9
10 Reviser's note.--Amended to conform to the
11 renumbering of s. 240.236, created by s. 3, ch.
12 2002-188, Laws of Florida, as s. 1004.26 by the
13 reviser to conform to the numbering scheme for
14 provisions in the School Code per ch. 2002-387,
15 Laws of Florida.
16
17 Section 117. Paragraph (j) of subsection (2) of
18 section 1004.45, Florida Statutes, is amended to read:
19 1004.45 Ringling Center for Cultural Arts.--
20 (2)
21 (j) Notwithstanding any other provision of law, the
22 John and Mable Ringling Museum of Art direct-support
23 organization is eligible to match state funds in the Trust
24 Fund for University Major Gifts Trust Fund established
25 pursuant to s. 1011.94 as follows:
26 1. For the first $1,353,750, matching shall be on the
27 basis of 75 cents in state matching for each dollar of private
28 funds.
29 2. For additional funds, matching shall be provided on
30 the same basis as is authorized in s. 1011.94.
31
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1 Reviser's note.--Amended to conform to the
2 complete title of the fund as provided in s.
3 1011.94.
4
5 Section 118. Paragraph (b) of subsection (2) of
6 section 1004.92, Florida Statutes, is amended to read:
7 1004.92 Purpose and responsibilities for career and
8 technical education.--
9 (2)
10 (b) Department of Education accountability for career
11 and technical education includes, but is not limited to:
12 1. The provision of timely, accurate technical
13 assistance to school districts and community colleges.
14 2. The provision of timely, accurate information to
15 the State Board of Education, the Legislature, and the public.
16 3. The development of policies, rules, and procedures
17 that facilitate institutional attainment of the accountability
18 standards and coordinate the efforts of all divisions within
19 the department.
20 4. The development of program standards and
21 industry-driven benchmarks for career and technical, adult,
22 and community education programs, which must be updated every
23 3 years. The standards must include technical, academic, and
24 workplace skills; viability of distance learning for
25 instruction; and work/learn cycles that are responsive to
26 business and industry.
27 5. Overseeing school district and community college
28 compliance with the provisions of this chapter.
29 6. Ensuring that the educational outcomes for the
30 technical component of career and technical programs and are
31 uniform and designed to provide a graduate who is capable of
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1 entering the workforce on an equally competitive basis
2 regardless of the institution of choice.
3
4 Reviser's note.--Amended to improve clarity and
5 facilitate correct interpretation.
6
7 Section 119. Subsection (11) of section 1008.35,
8 Florida Statutes, is amended to read:
9 1008.35 Best financial management practices for school
10 districts; standards; reviews; designation of school
11 districts.--
12 (11) District reviews conducted under this section
13 must be completed within 6 months after commencement. OPPAGA
14 shall issue a final report to the President of the Senate, the
15 Speaker of the House of Representatives, and the district
16 regarding the district's use of best financial management
17 practices and cost savings recommendations within 60 days
18 after completing the reviews. Copies of the final report shall
19 be provided to the Governor, the Commissioner of Education,
20 and to the chairs of school advisory councils and district
21 advisory councils established pursuant to s. 1001.452(1)(a)
22 and (b) 229.58(1)(a) and (b). The district school board shall
23 notify all members of the school advisory councils and
24 district advisory council by mail that the final report has
25 been delivered to the school district and to the council
26 chairs. The notification shall also inform members of the
27 OPPAGA website address at which an electronic copy of the
28 report is available.
29
30 Reviser's note.--Amended to conform to the
31 repeal of s. 229.58 by s. 1058, ch. 2002-387,
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1 Laws of Florida, and the enactment of similar
2 material in s. 1001.452 by s. 59, ch. 2002-387.
3
4 Section 120. Paragraph (a) of subsection (1) and
5 subsection (3) of section 1009.40, Florida Statutes, are
6 amended to read:
7 1009.40 General requirements for student eligibility
8 for state financial aid.--
9 (1)(a) The general requirements for eligibility of
10 students for state financial aid awards consist of the
11 following:
12 1. Achievement of the academic requirements of and
13 acceptance at a state university or community college; a
14 nursing diploma school approved by the Florida Board of
15 Nursing; a Florida college, university, or community college
16 which is accredited by an accrediting agency recognized by the
17 State Board of Education; any Florida institution the credits
18 of which are acceptable for transfer to state universities;
19 any technical center; or any private technical institution
20 accredited by an accrediting agency recognized by the State
21 Board of Education.
22 2. Residency in this state for no less than 1 year
23 preceding the award of aid for a program established pursuant
24 to s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54,
25 s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.
26 1009.68 1009.60, s. 1009.72, s. 1009.73, s. 1009.76, s.
27 1009.77, or s. 1009.89. Residency in this state must be for
28 purposes other than to obtain an education. Resident status
29 for purposes of receiving state financial aid awards shall be
30 determined in the same manner as resident status for tuition
31
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1 purposes pursuant to s. 1009.21 and rules of the State Board
2 of Education.
3 3. Submission of certification attesting to the
4 accuracy, completeness, and correctness of information
5 provided to demonstrate a student's eligibility to receive
6 state financial aid awards. Falsification of such information
7 shall result in the denial of any pending application and
8 revocation of any award currently held to the extent that no
9 further payments shall be made. Additionally, students who
10 knowingly make false statements in order to receive state
11 financial aid awards shall be guilty of a misdemeanor of the
12 second degree subject to the provisions of s. 837.06 and shall
13 be required to return all state financial aid awards
14 wrongfully obtained.
15 (3) Undergraduate students are be eligible to receive
16 financial aid for a maximum of 8 semesters or 12 quarters.
17 However, undergraduate students participating in
18 college-preparatory instruction, students requiring additional
19 time to complete the college-level communication and
20 computation skills testing programs, or students enrolled in a
21 5-year undergraduate degree program are eligible to receive
22 financial aid for a maximum of 10 semesters or 15 quarters.
23
24 Reviser's note.--Paragraph (1)(a) is amended to
25 substitute for a duplicate reference to s.
26 1009.60. Inclusion of the cite to s. 1009.68
27 conforms the list of cited sections to the
28 comparable list under prior law. Subsection (3)
29 is amended to improve clarity and facilitate
30 correct interpretation.
31
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1 Section 121. Subsection (12) of section 1009.66,
2 Florida Statutes, is amended to read:
3 1009.66 Nursing Student Loan Forgiveness Program.--
4 (12) Students receiving a nursing scholarship pursuant
5 to s. 1009.67 240.4076 are not eligible to participate in the
6 Nursing Student Loan Forgiveness Program.
7
8 Reviser's note.--Amended to conform to the
9 repeal of s. 240.4076 by s. 1058, ch. 2002-387,
10 Laws of Florida, and the enactment of similar
11 material in s. 1009.67 by s. 450, ch. 2002-387.
12
13 Section 122. Subsections (1) and (2) of section
14 1009.74, Florida Statutes, are amended to read:
15 1009.74 The Theodore R. and Vivian M. Johnson
16 Scholarship Program.--
17 (1) There is established the Theodore R. and Vivian M.
18 Johnson Scholarship Program to be administered by the
19 Department of Education. The program shall provide
20 scholarships to students attending a state university. The
21 program shall be funded by contributions from the Theodore R.
22 and Vivian M. Johnson Scholarship Foundation and from state
23 matching funds to be allocated from the Trust Fund for
24 University Major Gifts.
25 (2) The amount to be allocated to the program shall be
26 on the basis of a 50-percent match of funds from the Trust
27 Fund for University Major Gifts for each contribution received
28 from the Theodore R. and Vivian M. Johnson Scholarship
29 Foundation. The funds allocated to the program, including the
30 corpus and interest income, shall be expended for scholarships
31 to benefit disabled students attending a state university.
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1 Reviser's note.--Amended to conform to the
2 complete name of the fund as provided in s.
3 1011.94.
4
5 Section 123. Subsection (2) of section 1010.07,
6 Florida Statutes, is amended to read:
7 1010.07 Bonds or insurance required.--
8 (2) Contractors paid from school district, community
9 college, or university funds shall give bond for the faithful
10 performance of their contracts in such amount and for such
11 purposes as prescribed by s. 255.05 or by rules of the State
12 Board of Education relating to the type of contract involved.
13 It shall be the duty of the district school board, community
14 college board of trustees, and university board of trustees to
15 require from construction contractors a bond adequate to
16 protect the board and the board's funds involved.
17
18 Reviser's note.--Amended to improve clarity and
19 facilitate correct interpretation.
20
21 Section 124. Paragraph (i) of subsection (1) of
22 section 1011.62, Florida Statutes, is amended to read:
23 1011.62 Funds for operation of schools.--If the annual
24 allocation from the Florida Education Finance Program to each
25 district for operation of schools is not determined in the
26 annual appropriations act or the substantive bill implementing
27 the annual appropriations act, it shall be determined as
28 follows:
29 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
30 OPERATION.--The following procedure shall be followed in
31
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1 determining the annual allocation to each district for
2 operation:
3 (i) Calculation of full-time equivalent membership
4 with respect to instruction from community colleges or state
5 universities.--Students enrolled in community college or
6 university dual enrollment instruction pursuant to s. 1007.271
7 may be included in calculations of full-time equivalent
8 student memberships for basic programs for grades 9 through 12
9 by a district school board. Such students may also be
10 calculated as the proportional shares of full-time equivalent
11 enrollments they generate for the community college or
12 university conducting the dual enrollment instruction. Early
13 admission students shall be considered dual enrollments for
14 funding purposes. Students may be enrolled in dual enrollment
15 instruction provided by an eligible independent college or
16 university and may be included in calculations of full-time
17 equivalent student memberships for basic programs for grades 9
18 through 12 by a district school board. However, those
19 provisions of law which exempt dual enrolled and early
20 admission students from payment of instructional materials and
21 tuition and fees, including laboratory fees, shall not apply
22 to students who select the option of enrolling in an eligible
23 independent institution. An independent college or university
24 which is located and chartered in Florida, is not for profit,
25 is accredited by the Commission on Colleges of the Southern
26 Association of Colleges and Schools or the Accrediting Council
27 for Independent Colleges and Schools Accrediting Commission of
28 the Association of Independent Colleges and Schools, and which
29 confers degrees as defined in s. 1005.02 shall be eligible for
30 inclusion in the dual enrollment or early admission program.
31 Students enrolled in dual enrollment instruction shall be
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1 exempt from the payment of tuition and fees, including
2 laboratory fees. No student enrolled in college credit
3 mathematics or English dual enrollment instruction shall be
4 funded as a dual enrollment unless the student has
5 successfully completed the relevant section of the entry-level
6 examination required pursuant to s. 1008.30.
7
8 Reviser's note.--Amended to improve clarity and
9 facilitate correct interpretation and to
10 conform to the correct name of the Accrediting
11 Council for Independent Colleges and Schools.
12
13 Section 125. Subsection (1) of section 1011.94,
14 Florida Statutes, is amended to read:
15 1011.94 Trust Fund for University Major Gifts.--
16 (1) There is established a Trust Fund for University
17 Major Gifts. The purpose of the trust fund is to enable each
18 university and New College to provide donors with an incentive
19 in the form of matching grants for donations for the
20 establishment of permanent endowments and sales tax exemption
21 matching funds received pursuant to s. 212.08(5)(j), which
22 must be invested, with the proceeds of the investment used to
23 support libraries and instruction and research programs, as
24 defined by the State Board of Education. All funds
25 appropriated for the challenge grants, new donors, major
26 gifts, sales tax exemption matching funds pursuant to s.
27 212.08(5)(j), or eminent scholars program must be deposited
28 into the trust fund and invested pursuant to s. 18.125 until
29 the State Board of Education allocates the funds to
30 universities to match private donations. Notwithstanding s.
31 216.301 and pursuant to s. 216.351, any undisbursed balance
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1 remaining in the trust fund and interest income accruing to
2 the portion of the trust fund which is not matched and
3 distributed to universities must remain in the trust fund and
4 be used to increase the total funds available for challenge
5 grants. Funds deposited in the trust fund for the sales tax
6 exemption matching program authorized in s. 212.08(5)(j), and
7 interest earnings thereon, shall be maintained in a separate
8 account within the Trust Fund for University Major Gifts, and
9 may be used only to match qualified sales tax exemptions that
10 a certified business designates for use by state universities
11 and community colleges to support research and development
12 projects requested by the certified business. The State Board
13 of Education may authorize any university to encumber the
14 state matching portion of a challenge grant from funds
15 available under s. 1011.45.
16
17 Reviser's note.--Amended to improve clarity,
18 facilitate correct interpretation, and provide
19 contextual consistency with the fund name as it
20 exists elsewhere in this section.
21
22 Section 126. Subsection (1) of section 1012.33,
23 Florida Statutes, is amended to read:
24 1012.33 Contracts with instructional staff,
25 supervisors, and school principals.--
26 (1)(a) Each person employed as a member of the
27 instructional staff in any district school system shall be
28 properly certified pursuant to s. 1012.56 or s. 1012.57 or
29 employed pursuant to s. 1012.39 and shall be entitled to and
30 shall receive a written contract as specified in this section
31 chapter 230. All such contracts, except continuing contracts
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1 as specified in subsection (4), shall contain provisions for
2 dismissal during the term of the contract only for just cause.
3 Just cause includes, but is not limited to, the following
4 instances, as defined by rule of the State Board of Education:
5 misconduct in office, incompetency, gross insubordination,
6 willful neglect of duty, or conviction of a crime involving
7 moral turpitude.
8 (b) A supervisor or school principal shall be properly
9 certified and shall receive a written contract as specified in
10 this section chapter 1001. Such contract may be for an initial
11 period not to exceed 3 years, subject to annual review and
12 renewal. The first 97 days of an initial contract is a
13 probationary period. During the probationary period, the
14 employee may be dismissed without cause or may resign from the
15 contractual position without breach of contract. After the
16 first 3 years, the contract may be renewed for a period not to
17 exceed 3 years and shall contain provisions for dismissal
18 during the term of the contract only for just cause, in
19 addition to such other provisions as are prescribed by the
20 district school board.
21
22 Reviser's note.--Amended to improve clarity and
23 facilitate correct interpretation. Chapter 230
24 was repealed by s. 1058, ch. 2002-387, Laws of
25 Florida. Contracts are now provided for in s.
26 1012.33.
27
28 Section 127. Paragraphs (b) and (c) of subsection (2)
29 of section 1012.74, Florida Statutes, are amended to read:
30 1012.74 Florida educators professional liability
31 insurance protection.--
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1 (2)
2 (b) Educator professional liability coverage shall be
3 extended at cost to all instructional personnel, as defined by
4 s. 1012.01(2) 1012.01(3), who are part-time personnel, as
5 defined by the district school board policy, and choose to
6 participate in the state-provided program.
7 (c) Educator professional liability coverage shall be
8 extended at cost to all administrative personnel, as defined
9 by s. 1012.01(3) 1012.01(2), who choose to participate in the
10 state-provided program.
11
12 Reviser's note.--Paragraphs (2)(b) and (c) are
13 amended to improve clarity and facilitate
14 correct interpretation. Instructional personnel
15 are defined in s. 1012.01(2). Administrative
16 personnel are defined in s. 1012.01(3).
17
18 Section 128. Paragraph (b) of subsection (1) of
19 section 1013.31, Florida Statutes, is amended to read:
20 1013.31 Educational plant survey; localized need
21 assessment; PECO project funding.--
22 (1) At least every 5 years, each board shall arrange
23 for an educational plant survey, to aid in formulating plans
24 for housing the educational program and student population,
25 faculty, administrators, staff, and auxiliary and ancillary
26 services of the district or campus, including consideration of
27 the local comprehensive plan. The Office of Workforce and
28 Economic Development shall document the need for additional
29 career and adult education programs and the continuation of
30 existing programs before facility construction or renovation
31 related to career or adult education may be included in the
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1 educational plant survey of a school district or community
2 college that delivers career or adult education programs.
3 Information used by the Office of Workforce and Economic
4 Development to establish facility needs must include, but need
5 not be limited to, labor market data, needs analysis, and
6 information submitted by the school district or community
7 college.
8 (b) Required need assessment criteria for district,
9 community college, college and state university plant
10 surveys.--Educational plant surveys must use uniform data
11 sources and criteria specified in this paragraph. Each revised
12 educational plant survey and each new educational plant survey
13 supersedes previous surveys.
14 1. The school district's survey must be submitted as a
15 part of the district educational facilities plan defined in s.
16 1013.35 235.185. To ensure that the data reported to the
17 Department of Education as required by this section is
18 correct, the department shall annually conduct an onsite
19 review of 5 percent of the facilities reported for each school
20 district completing a new survey that year. If the
21 department's review finds the data reported by a district is
22 less than 95 percent accurate, within 1 year from the time of
23 notification by the department the district must submit
24 revised reports correcting its data. If a district fails to
25 correct its reports, the commissioner may direct that future
26 fixed capital outlay funds be withheld until such time as the
27 district has corrected its reports so that they are not less
28 than 95 percent accurate.
29 2. Each survey of a special facility, joint-use
30 facility, or cooperative career and technical education
31 facility must be based on capital outlay full-time equivalent
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1 student enrollment data prepared by the department for school
2 districts, community colleges, colleges, and universities. A
3 survey of space needs of a joint-use facility shall be based
4 upon the respective space needs of the school districts,
5 community colleges, colleges, and universities, as
6 appropriate. Projections of a school district's facility space
7 needs may not exceed the norm space and occupant design
8 criteria established by the State Requirements for Educational
9 Facilities.
10 3. Each community college's survey must reflect the
11 capacity of existing facilities as specified in the inventory
12 maintained by the Department of Education. Projections of
13 facility space needs must comply with standards for
14 determining space needs as specified by rule of the State
15 Board of Education. The 5-year projection of capital outlay
16 student enrollment must be consistent with the annual report
17 of capital outlay full-time student enrollment prepared by the
18 Department of Education.
19 4. Each college and state university's survey must
20 reflect the capacity of existing facilities as specified in
21 the inventory maintained and validated by the Division of
22 Colleges and Universities. Projections of facility space needs
23 must be consistent with standards for determining space needs
24 approved by the Division of Colleges and Universities. The
25 projected capital outlay full-time equivalent student
26 enrollment must be consistent with the 5-year planned
27 enrollment cycle for the State University System approved by
28 the Division of Colleges and Universities.
29 5. The district educational facilities plan of a
30 school district and the educational plant survey of a
31 community college, or college or state university may include
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1 space needs that deviate from approved standards for
2 determining space needs if the deviation is justified by the
3 district or institution and approved by the department, as
4 necessary for the delivery of an approved educational program.
5
6 Reviser's note.--Amended to conform to the
7 repeal of s. 235.185 by s. 1058, ch. 2002-387,
8 Laws of Florida, and the enactment of similar
9 material in s. 1013.35 by s. 830, ch. 2002-387.
10
11 Section 129. Paragraph (c) of subsection (2),
12 paragraphs (e) and (f) of subsection (3), paragraph (c) of
13 subsection (4), subsection (5), and paragraph (b) of
14 subsection (7) of section 1013.33, Florida Statutes, are
15 amended to read:
16 1013.33 Coordination of planning with local governing
17 bodies.--
18 (2)
19 (c) If the student population has declined over the
20 5-year period preceding the due date for submittal of an
21 interlocal agreement by the local government and the district
22 school board, the local government and district school board
23 may petition the state land planning agency for a waiver of
24 one or more of the requirements of subsection (3). The waiver
25 must be granted if the procedures called for in subsection (3)
26 are unnecessary because of the school district's declining
27 school age population, considering the district's 5-year work
28 program prepared pursuant to s. 1013.35 235.185. The state
29 land planning agency may modify or revoke the waiver upon a
30 finding that the conditions upon which the waiver was granted
31 no longer exist. The district school board and local
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1 governments must submit an interlocal agreement within 1 year
2 after notification by the state land planning agency that the
3 conditions for a waiver no longer exist.
4 (3) At a minimum, the interlocal agreement must
5 address the following issues:
6 (e) A process for the school board to inform the local
7 government regarding school capacity. The capacity reporting
8 must be consistent with laws and rules regarding measurement
9 of school facility capacity and must also identify how the
10 district school board will meet the public school demand based
11 on the facilities work program adopted pursuant to s. 1013.35
12 235.185.
13 (f) Participation of the local governments in the
14 preparation of the annual update to the school board's 5-year
15 district facilities work program and educational plant survey
16 prepared pursuant to s. 1013.35 235.185.
17
18 A signatory to the interlocal agreement may elect not to
19 include a provision meeting the requirements of paragraph (e);
20 however, such a decision may be made only after a public
21 hearing on such election, which may include the public hearing
22 in which a district school board or a local government adopts
23 the interlocal agreement. An interlocal agreement entered into
24 pursuant to this section must be consistent with the adopted
25 comprehensive plan and land development regulations of any
26 local government that is a signatory.
27 (4)
28 (c) If the state land planning agency enters a final
29 order that finds that the interlocal agreement is inconsistent
30 with the requirements of subsection (3) or this subsection,
31 the state land planning agency shall forward it to the
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1 Administration Commission, which may impose sanctions against
2 the local government pursuant to s. 163.3184(11) and may
3 impose sanctions against the district school board by
4 directing the Department of Education to withhold an
5 equivalent amount of funds for school construction available
6 pursuant to ss. 1013.65, 1013.68, 1013.70, and 1013.72
7 235.187, 235.216, 235.2195, and 235.42.
8 (5) If an executed interlocal agreement is not timely
9 submitted to the state land planning agency for review, the
10 state land planning agency shall, within 15 working days after
11 the deadline for submittal, issue to the local government and
12 the district school board a notice to show cause why sanctions
13 should not be imposed for failure to submit an executed
14 interlocal agreement by the deadline established by the
15 agency. The agency shall forward the notice and the responses
16 to the Administration Commission, which may enter a final
17 order citing the failure to comply and imposing sanctions
18 against the local government and district school board by
19 directing the appropriate agencies to withhold at least 5
20 percent of state funds pursuant to s. 163.3184(11) and by
21 directing the Department of Education to withhold from the
22 district school board at least 5 percent of funds for school
23 construction available pursuant to ss. 1013.65, 1013.68,
24 1013.70, and 1013.72 235.187, 235.216, 235.2195, and 235.42.
25 (7) Except as provided in subsection (8),
26 municipalities having no established need for a new facility
27 and meeting the following criteria are exempt from the
28 requirements of subsections (2), (3) and (4):
29 (b) The district school board's 5-year facilities work
30 program and the long-term 10-year and 20-year work programs,
31 as provided in s. 1013.35 235.185, demonstrate that no new
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1 school facility is needed in the municipality. In addition,
2 the district school board must verify in writing that no new
3 school facility will be needed in the municipality within the
4 5-year and 10-year timeframes.
5
6 Reviser's note.--Paragraphs (2)(c), (3)(e) and
7 (f), and (7)(b) are amended to conform to the
8 repeal of s. 235.185 by s. 1058, ch. 2002-387,
9 Laws of Florida, and the enactment of similar
10 material in s. 1013.35 by s. 830, ch. 2002-387.
11 Paragraph (4)(c) and subsection (5) are amended
12 to conform to the repeal of ss. 235.187,
13 235.216, 235.2195, and 235.42 by s. 1058, ch.
14 2002-387, and the enactment of similar material
15 in ss. 1013.68, 1013.72, 1013.70, and 1013.65,
16 respectively, by ss. 865, 869, 867, and 862,
17 ch. 2002-387, respectively.
18
19 Section 130. Paragraphs (b) and (f) of subsection (2),
20 and subsection (3) of section 1013.35, Florida Statutes, are
21 amended to read:
22 1013.35 School district educational facilities plan;
23 definitions; preparation, adoption, and amendment; long-term
24 work programs.--
25 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
26 FACILITIES PLAN.--
27 (b) The plan must also include a financially feasible
28 district facilities work program for a 5-year period. The work
29 program must include:
30
31
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1 1. A schedule of major repair and renovation projects
2 necessary to maintain the educational facilities and ancillary
3 facilities of the district.
4 2. A schedule of capital outlay projects necessary to
5 ensure the availability of satisfactory student stations for
6 the projected student enrollment in K-12 programs. This
7 schedule shall consider:
8 a. The locations, capacities, and planned utilization
9 rates of current educational facilities of the district. The
10 capacity of existing satisfactory facilities, as reported in
11 the Florida Inventory of School Houses must be compared to the
12 capital outlay full-time-equivalent student enrollment as
13 determined by the department, including all enrollment used in
14 the calculation of the distribution formula in s. 1013.64
15 235.435(3).
16 b. The proposed locations of planned facilities,
17 whether those locations are consistent with the comprehensive
18 plans of all affected local governments, and recommendations
19 for infrastructure and other improvements to land adjacent to
20 existing facilities. The provisions of ss. 1013.33(12), (13),
21 and (14) and 1013.36 235.19 and 235.193(12), (13), and (14)
22 must be addressed for new facilities planned within the first
23 3 years of the work plan, as appropriate.
24 c. Plans for the use and location of relocatable
25 facilities, leased facilities, and charter school facilities.
26 d. Plans for multitrack scheduling, grade level
27 organization, block scheduling, or other alternatives that
28 reduce the need for additional permanent student stations.
29 e. Information concerning average class size and
30 utilization rate by grade level within the district which will
31
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1 result if the tentative district facilities work program is
2 fully implemented.
3 f. The number and percentage of district students
4 planned to be educated in relocatable facilities during each
5 year of the tentative district facilities work program. For
6 determining future needs, student capacity may not be assigned
7 to any relocatable classroom that is scheduled for elimination
8 or replacement with a permanent educational facility in the
9 current year of the adopted district educational facilities
10 plan and in the district facilities work program adopted under
11 this section. Those relocatable classrooms clearly identified
12 and scheduled for replacement in a school-board-adopted,
13 financially feasible, 5-year district facilities work program
14 shall be counted at zero capacity at the time the work program
15 is adopted and approved by the school board. However, if the
16 district facilities work program is changed and the
17 relocatable classrooms are not replaced as scheduled in the
18 work program, the classrooms must be reentered into the system
19 and be counted at actual capacity. Relocatable classrooms may
20 not be perpetually added to the work program or continually
21 extended for purposes of circumventing this section. All
22 relocatable classrooms not identified and scheduled for
23 replacement, including those owned, lease-purchased, or leased
24 by the school district, must be counted at actual student
25 capacity. The district educational facilities plan must
26 identify the number of relocatable student stations scheduled
27 for replacement during the 5-year survey period and the total
28 dollar amount needed for that replacement.
29 g. Plans for the closure of any school, including
30 plans for disposition of the facility or usage of facility
31 space, and anticipated revenues.
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1 h. Projects for which capital outlay and debt service
2 funds accruing under s. 9(d), Art. XII of the State
3 Constitution are to be used shall be identified separately in
4 priority order on a project priority list within the district
5 facilities work program.
6 3. The projected cost for each project identified in
7 the district facilities work program. For proposed projects
8 for new student stations, a schedule shall be prepared
9 comparing the planned cost and square footage for each new
10 student station, by elementary, middle, and high school
11 levels, to the low, average, and high cost of facilities
12 constructed throughout the state during the most recent fiscal
13 year for which data is available from the Department of
14 Education.
15 4. A schedule of estimated capital outlay revenues
16 from each currently approved source which is estimated to be
17 available for expenditure on the projects included in the
18 district facilities work program.
19 5. A schedule indicating which projects included in
20 the district facilities work program will be funded from
21 current revenues projected in subparagraph 4.
22 6. A schedule of options for the generation of
23 additional revenues by the district for expenditure on
24 projects identified in the district facilities work program
25 which are not funded under subparagraph 5. Additional
26 anticipated revenues may include effort index grants, SIT
27 Program awards, and Classrooms First funds.
28 (f) Commencing on October 1, 2002, and not less than
29 once every 5 years thereafter, the district school board shall
30 contract with a qualified, independent third party to conduct
31 a financial management and performance audit of the
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1 educational planning and construction activities of the
2 district. An audit conducted by the Office of Program Policy
3 Analysis and Government Accountability and the Auditor General
4 pursuant to s. 1008.35 230.23025 satisfies this requirement.
5 (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
6 FACILITIES PLAN TO LOCAL GOVERNMENT.--The district school
7 board shall submit a copy of its tentative district
8 educational facilities plan to all affected local governments
9 prior to adoption by the board. The affected local governments
10 shall review the tentative district educational facilities
11 plan and comment to the district school board on the
12 consistency of the plan with the local comprehensive plan,
13 whether a comprehensive plan amendment will be necessary for
14 any proposed educational facility, and whether the local
15 government supports a necessary comprehensive plan amendment.
16 If the local government does not support a comprehensive plan
17 amendment for a proposed educational facility, the matter
18 shall be resolved pursuant to the interlocal agreement when
19 required by ss. 163.3177(6)(h), 163.31777, and 1013.33(2)
20 235.193(2). The process for the submittal and review shall be
21 detailed in the interlocal agreement when required pursuant to
22 ss. 163.3177(6)(h), 163.31777, and 1013.33(2) 235.193(2).
23
24 Reviser's note.--Paragraph (2)(b) is amended to
25 conform to the repeal of ss. 235.435, 235.19,
26 and 235.193 by s. 1058, ch. 2002-387, Laws of
27 Florida, and the enactment of similar material
28 in ss. 1013.64, 1013.36, and 1013.33,
29 respectively, by ss. 861, 831, and 828, ch.
30 2002-387, respectively. Paragraph (2)(f) is
31 amended to conform to the repeal of s.
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1 230.23025 by s. 1058, ch. 2002-387, and the
2 enactment of similar material in s. 1008.35 by
3 s. 380, ch. 2002-387. Subsection (3) is amended
4 to conform to the repeal of s. 235.193 by s.
5 1058, ch. 2002-387, and the enactment of
6 similar material in s. 1013.33 by s. 828, ch.
7 2002-387.
8
9 Section 131. Subsection (2) of section 1013.356,
10 Florida Statutes, is amended to read:
11 1013.356 Local funding for educational facilities
12 benefit districts or community development districts.--Upon
13 confirmation by a district school board of the commitment of
14 revenues by an educational facilities benefit district or
15 community development district necessary to construct and
16 maintain an educational facility contained within an
17 individual district facilities work program or proposed by an
18 approved charter school or a charter school applicant, the
19 following funds shall be provided to the educational
20 facilities benefit district or community development district
21 annually, beginning with the next fiscal year after
22 confirmation until the district's financial obligations are
23 completed:
24 (2) For construction and capital maintenance costs not
25 covered by the funds provided under subsection (1), an annual
26 amount contributed by the district school board equal to
27 one-half of the remaining costs of construction and capital
28 maintenance of the educational facility. Any construction
29 costs above the cost-per-student criteria established for the
30 SIT Program in s. 1013.72(2) 235.216(2) shall be funded
31 exclusively by the educational facilities benefit district or
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1 the community development district. Funds contributed by a
2 district school board shall not be used to fund operational
3 costs.
4
5 Educational facilities funded pursuant to this act may be
6 constructed on land that is owned by any person after the
7 district school board has acquired from the owner of the land
8 a long-term lease for the use of this land for a period of not
9 less than 40 years or the life expectancy of the permanent
10 facilities constructed thereon, whichever is longer. All
11 interlocal agreements entered into pursuant to this act shall
12 provide for ownership of educational facilities funded
13 pursuant to this act to revert to the district school board if
14 such facilities cease to be used for public educational
15 purposes prior to 40 years after construction or prior to the
16 end of the life expectancy of the educational facilities,
17 whichever is longer.
18
19 Reviser's note.--Amended to conform to the
20 repeal of s. 235.216 by s. 1058, ch. 2002-387,
21 Laws of Florida, and the enactment of similar
22 material in s. 1013.72 by s. 869, ch. 2002-387.
23
24 Section 132. Subsection (6) of section 1013.36,
25 Florida Statutes, is amended to read:
26 1013.36 Site planning and selection.--
27 (6) If the school board and local government have
28 entered into an interlocal agreement pursuant to s. 1013.33(2)
29 235.193(2) and either s. 163.3177(6)(h)4. or s. 163.31777 or
30 have developed a process to ensure consistency between the
31 local government comprehensive plan and the school district
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1 educational facilities plan, site planning and selection must
2 be consistent with the interlocal agreements and the plans.
3
4 Reviser's note.--Amended to conform to the
5 repeal of s. 235.193 by s. 1058, ch. 2002-387,
6 Laws of Florida, and the enactment of similar
7 material in s. 1013.33 by s. 828, ch. 2002-387.
8
9 Section 133. Subsection (6) of section 1013.68,
10 Florida Statutes, is amended to read:
11 1013.68 Classrooms First Program; uses.--
12 (6) School districts may enter into interlocal
13 agreements to lend their Classrooms First Program funds as
14 provided in paragraph (2)(c). A school district or multiple
15 school districts that receive cash proceeds may, after
16 considering their own new construction needs outlined in their
17 5-year district facilities work program, lend their Classrooms
18 First Program funds to another school district that has need
19 for new facilities. The interlocal agreement must be approved
20 by the Commissioner of Education Secretary of Education and
21 must outline the amount of the funds to be lent, the term of
22 the loan, the repayment schedule, and any interest amount to
23 be repaid in addition to the principal amount of the loan.
24
25 Reviser's note.--Amended to improve clarity and
26 facilitate correct interpretation. Florida does
27 not have a Secretary of Education. Interlocal
28 agreements are approved by the Commissioner of
29 Education.
30
31
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