Senate Bill sb0588er

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  1                                 

  2         An act relating to the Florida Statutes;

  3         amending ss. 11.90, 61.13, 83.03, 211.31,

  4         288.1222, and 350.115, F.S.; and repealing s.

  5         408.0015, F.S.; pursuant to s. 11.242, F.S.;

  6         deleting provisions that have expired, have

  7         become obsolete, have had their effect, have

  8         served their purpose, or have been impliedly

  9         repealed or superseded; replacing incorrect

10         cross-references and citations; correcting

11         grammatical, typographical, and like errors;

12         removing inconsistencies, redundancies, and

13         unnecessary repetition in the statutes; and

14         improving the clarity of the statutes and

15         facilitating their correct interpretation.

16  

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

18  

19         Section 1.  Subsection (7) of section 11.90, Florida

20  Statutes, is amended to read:

21         11.90  Legislative Budget Commission.--

22         (7)  The commission shall review information resources

23  management needs identified in agency long-range program plans

24  for consistency with the State Annual Report on Enterprise

25  Resource Planning and Management and statewide policies

26  adopted by the State Technology Office.  The commission shall

27  also review proposed budget amendments associated with

28  information technology that involve more than one agency, that

29  have an outcome that impacts another agency, or that exceed

30  $500,000 in total cost over a 1-year period.

31  


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

 2  

 3         Section 2.  Paragraph (b) of subsection (2) of section

 4  61.13, Florida Statutes, is amended to read:

 5         61.13  Custody and support of children; visitation

 6  rights; power of court in making orders.--

 7         (2)

 8         (b)1.  The court shall determine all matters relating

 9  to custody of each minor child of the parties in accordance

10  with the best interests of the child and in accordance with

11  the Uniform Child Custody Jurisdiction and Enforcement Act. It

12  is the public policy of this state to assure that each minor

13  child has frequent and continuing contact with both parents

14  after the parents separate or the marriage of the parties is

15  dissolved and to encourage parents to share the rights and

16  responsibilities, and joys, of childrearing. After considering

17  all relevant facts, the father of the child shall be given the

18  same consideration as the mother in determining the primary

19  residence of a child irrespective of the age or sex of the

20  child.

21         2.  The court shall order that the parental

22  responsibility for a minor child be shared by both parents

23  unless the court finds that shared parental responsibility

24  would be detrimental to the child. Evidence that a parent has

25  been convicted of a felony of the third degree or higher

26  involving domestic violence, as defined in s. 741.28 and

27  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

28  a rebuttable presumption of detriment to the child. If the

29  presumption is not rebutted, shared parental responsibility,

30  including visitation, residence of the child, and decisions

31  made regarding the child, may not be granted to the convicted


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 1  parent. However, the convicted parent is not relieved of any

 2  obligation to provide financial support. If the court

 3  determines that shared parental responsibility would be

 4  detrimental to the child, it may order sole parental

 5  responsibility and make such arrangements for visitation as

 6  will best protect the child or abused spouse from further

 7  harm. Whether or not there is a conviction of any offense of

 8  domestic violence or child abuse or the existence of an

 9  injunction for protection against domestic violence, the court

10  shall consider evidence of domestic violence or child abuse as

11  evidence of detriment to the child.

12         a.  In ordering shared parental responsibility, the

13  court may consider the expressed desires of the parents and

14  may grant to one party the ultimate responsibility over

15  specific aspects of the child's welfare or may divide those

16  responsibilities between the parties based on the best

17  interests of the child. Areas of responsibility may include

18  primary residence, education, medical and dental care, and any

19  other responsibilities that the court finds unique to a

20  particular family.

21         b.  The court shall order "sole parental

22  responsibility, with or without visitation rights, to the

23  other parent when it is in the best interests of" the minor

24  child.

25         c.  The court may award the grandparents visitation

26  rights with a minor child if it is in the child's best

27  interest. Grandparents have legal standing to seek judicial

28  enforcement of such an award. This section does not require

29  that grandparents be made parties or given notice of

30  dissolution pleadings or proceedings, nor do grandparents have

31  legal standing as "contestants" as defined in s. 61.1306. A


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 1  court may not order that a child be kept within the state or

 2  jurisdiction of the court solely for the purpose of permitting

 3  visitation by the grandparents.

 4         3.  Access to records and information pertaining to a

 5  minor child, including, but not limited to, medical, dental,

 6  and school records, may not be denied to a parent because the

 7  parent is not the child's primary residential parent. Full

 8  rights under this subparagraph apply to either parent unless a

 9  court order specifically revokes these rights, including any

10  restrictions on these rights as provided in a domestic

11  violence injunction. A parent having rights under this

12  subparagraph has the same rights upon request as to form,

13  substance, and manner of access as are available to the other

14  parent of a child, including, without limitation, the right to

15  in-person communication with medical, dental, and education

16  providers.

17  

18         Reviser's note.--Amended to delete a provision

19         that has served its purpose. Section 61.1306

20         was repealed by s. 7, ch. 2002-65, Laws of

21         Florida.

22  

23         Section 3.  Subsection (1) of section 83.03, Florida

24  Statutes, is amended to read:

25         83.03  Termination of tenancy at will; length of

26  notice.--A tenancy at will may be terminated by either party

27  giving notice as follows:

28         (1)  Where the tenancy is from year to year, by giving

29  not less than 3 months' notice prior to the end of any annual

30  period;

31  


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

 2  

 3         Section 4.  Subsection (1) of section 211.31, Florida

 4  Statutes, is amended to read:

 5         211.31  Levy of tax on severance of certain solid

 6  minerals; rate, basis, and distribution of tax.--

 7         (1)  There is hereby levied, to be collected as

 8  provided herein, an excise tax upon every person engaging in

 9  the business of severing solid minerals, except phosphate rock

10  and heavy minerals, from the soils and waters of this state

11  for commercial use. Such tax shall be 5 percent of the value

12  at the point of severance of the identifiable solid minerals

13  severed through June 30, 1995. Beginning July 1, 1995, such

14  tax shall be 6 percent of the value at the point of severance

15  of the identifiable solid minerals severed. Beginning July 1,

16  1996, such tax shall be 7 percent of the value at the point of

17  severance of the identifiable solid minerals severed.

18  Beginning July 1, 1997, and thereafter, Such tax shall be 8

19  percent of the value at the point of severance of the

20  identifiable solid minerals severed.

21         (a)  The proceeds of the tax imposed by this section

22  shall be paid into the State Treasury through June 30, 1994,

23  as follows:

24         1.  Fifty percent to the credit of the General Revenue

25  Fund of the state; and

26         2.  Fifty percent to the credit of the Land Reclamation

27  Trust Fund established for refunds under the provisions of s.

28  211.32.

29  

30  Moneys paid into the Land Reclamation Trust Fund through June

31  30, 1994, shall remain available in that fund for refunds in


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 1  accordance with the provisions of s. 211.32 until those moneys

 2  have been so depleted. Lands mined through June 30, 1994,

 3  shall remain eligible for such refunds. The Land Reclamation

 4  Trust Fund is abolished on July 1, 1999.

 5         (b)  Beginning July 1, 1994, the proceeds of the tax

 6  imposed by this section shall be paid into the State Treasury

 7  as follows:

 8         1.  Fifty percent to the credit of the General Revenue

 9  Fund of the state; and

10         2.  Fifty percent to the credit of the Minerals Trust

11  Fund.

12         (c)  Beginning July 1, 1995, The proceeds of the tax

13  imposed by this section shall be paid into the State Treasury

14  as follows:

15         (a)1.  Thirty-two percent to the credit of the General

16  Revenue Fund of the state; and

17         (b)2.  Sixty-eight percent to the credit of the

18  Minerals Trust Fund.

19  

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

21         delete obsolete language.

22  

23         Section 5.  Section 288.1222, Florida Statutes, is

24  amended to read:

25         288.1222  Definitions.--For the purposes of ss.

26  288.017, 288.122-288.1226 288.121-288.1226, and 288.124, the

27  term:

28         (1)  "Tourism promotion" means any marketing efforts

29  exercised to attract domestic and international visitors from

30  outside the state to destinations in Florida and to stimulate

31  Florida resident tourism to areas within the state.


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 1         (2)  "Tourist" means any person who participates in

 2  trade or recreation activities outside the county of his or

 3  her permanent residence or who rents or leases transient

 4  living quarters or accommodations as described in s.

 5  125.0104(3)(a).

 6         (3)  "Commission" means the Florida Commission on

 7  Tourism.

 8         (4)  "County destination marketing organization" means

 9  a public or private agency that is funded by local option

10  tourist development tax revenues under s. 125.0104, or local

11  option convention development tax revenues under s. 212.0305,

12  and is officially designated by a county commission to market

13  and promote the area for tourism or convention business or, in

14  any county which has not levied such taxes, a public or

15  private agency that is officially designated by the county

16  commission to market and promote the area for tourism or

17  convention business.

18         (5)  "Direct-support organization" means the Florida

19  Tourism Industry Marketing Corporation.

20  

21         Reviser's note.--Amended to delete a reference

22         to s. 288.121, which was repealed by s. 154,

23         ch. 96-320, Laws of Florida.

24  

25         Section 6.  Section 350.115, Florida Statutes, is

26  amended to read:

27         350.115  Uniform systems and classifications of

28  accounts.--The commission may prescribe by rule uniform

29  systems and classifications of accounts for each type of

30  regulated company and approve or establish adequate, fair, and

31  reasonable depreciation rates and charges. The commission


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 1  shall use any such uniform system and classification of

 2  accounts that may be established by the Interstate Commerce

 3  Commission for railroads.

 4  

 5         Reviser's note.--Amended to delete an obsolete

 6         provision.

 7  

 8         Section 7.  Section 408.0015, Florida Statutes, is

 9  repealed.

10  

11         Reviser's note.--Section 408.0015, which

12         provided a short title for ss.

13         408.0015-408.604, the Health Care Reform Act of

14         1992, is partially obsolete and has served its

15         purpose. Some of the statutory provisions cited

16         within the short title have been moved to other

17         locations.

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