Senate Bill sb0580er

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  1                                 

  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.;


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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 8         impliedly repealed or superseded; replacing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.


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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.


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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


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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.

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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.

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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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