Senate Bill sb1534er

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  1                                 

  2         An act relating to the Florida Statutes;

  3         amending ss. 11.40, 28.2401, 101.049, 110.205,

  4         112.061, 117.05, 121.021, 121.051, 163.01,

  5         163.3167, 163.524, 192.0105, 206.02, 206.9825,

  6         220.187, 265.285, 287.057, 288.1045, 288.31,

  7         315.031, 316.1937, 320.02, 322.051, 322.08,

  8         322.09, 322.18, 332.004, 341.301, 369.255,

  9         370.01, 372.001, 373.0421, 373.45922,

10         381.06014, 391.029, 393.0657, 394.741,

11         394.9082, 394.917, 400.0075, 402.3057,

12         403.7192, 404.20, 409.017, 409.1671, 409.1757,

13         409.904, 409.9065, 409.908, 409.91196, 409.912,

14         409.9122, 414.095, 440.02, 440.102, 440.14,

15         440.15, 440.25, 440.33, 440.385, 440.45,

16         440.491, 440.515, 440.60, 443.1215, 455.2125,

17         456.028, 456.048, 456.051, 458.320, 458.347,

18         459.0085, 475.01, 475.278, 475.611, 475.6221,

19         487.046, 493.6106, 499.01, 499.0121, 499.0122,

20         499.015, 499.03, 499.05, 504.011, 504.014,

21         517.021, 538.18, 552.40, 565.02, 601.48,

22         607.1331, 607.1407, 624.123, 624.307, 624.430,

23         624.461, 624.462, 624.509, 626.175, 626.371,

24         626.731, 626.7315, 626.7351, 626.7355,

25         626.7845, 626.785, 626.8305, 626.831, 626.8414,

26         626.865, 626.866, 626.867, 626.874, 626.9916,

27         627.351, 627.733, 627.736, 627.832, 628.6012,

28         628.6013, 631.57, 631.60, 636.0145, 636.029,

29         636.052, 641.21, 641.225, 641.31, 641.386,

30         648.34, 648.355, 648.45, 651.013, 657.001,

31         657.002, 657.021, 657.026, 657.031, 657.039,


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 1         657.066, 657.068, 679.338, 679.520, 732.2025,

 2         741.04, 766.102, 766.203, 766.206, 766.209,

 3         787.03, 790.061, 817.566, 817.567, 895.02,

 4         921.0024, 943.171, 985.203, 1003.52, 1007.27,

 5         1009.29, 1011.60, 1012.56, 1013.74, and

 6         1013.79, F.S.; amending and reenacting s.

 7         921.0022, F.S.; reenacting ss. 112.191,

 8         220.191, 259.032, 296.10, and 499.007, F.S.;

 9         and repealing s. 414.70, F.S.; pursuant to s.

10         11.242, F.S.; deleting provisions that have

11         expired, have become obsolete, have had their

12         effect, have served their purpose, or have been

13         impliedly repealed or superseded; replacing

14         incorrect cross-references and citations;

15         correcting grammatical, typographical, and like

16         errors; removing inconsistencies, redundancies,

17         and unnecessary repetition in the statutes;

18         improving the clarity of the statutes and

19         facilitating their correct interpretation; and

20         confirming the restoration of provisions

21         unintentionally omitted from republication in

22         the acts of the Legislature during the

23         amendatory process.

24  

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

26  

27         Section 1.  Paragraph (c) of subsection (5) of section

28  11.40, Florida Statutes, is amended to read:

29         11.40  Legislative Auditing Committee.--

30         (5)  Following notification by the Auditor General, the

31  Department of Financial Services, or the Division of Bond


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 1  Finance of the State Board of Administration of the failure of

 2  a local governmental entity, district school board, charter

 3  school, or charter technical career center to comply with the

 4  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or

 5  s. 218.38, the Legislative Auditing Committee may schedule a

 6  hearing. If a hearing is scheduled, the committee shall

 7  determine if the entity should be subject to further state

 8  action.  If the committee determines that the entity should be

 9  subject to further state action, the committee shall:

10         (c)  In the case of a charter school or charter

11  technical career center, notify the appropriate sponsoring

12  entity, which may terminate the charter pursuant to ss.

13  1002.33 and 1002.34 228.056 and 228.505.

14  

15         Reviser's note.--Amended to reincorporate the

16         changes made to conform this section to the

17         revised Florida K-20 Education Code by s. 879,

18         ch. 2002-387, Laws of Florida. The amendment to

19         this section by s. 5, ch. 2003-261, Laws of

20         Florida, had failed to incorporate those

21         changes.

22  

23         Section 2.  Effective July 1, 2004, paragraph (a) of

24  subsection (1) and subsection (4) of section 28.2401, Florida

25  Statutes, as amended by section 29 of chapter 2003-402, Laws

26  of Florida, are amended to read:

27         28.2401  Service charges in probate matters.--

28         (1)  Except when otherwise provided, the clerk may

29  impose service charges for the following services, not to

30  exceed the following amounts:

31  


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 1         (a)  For the opening of any estate of one document or

 2  more, including, but not limited to, petitions and orders to

 3  approve settlement of minor's claims; to open a safe-deposit

 4  box; to enter rooms and places; for the determination of

 5  heirs, if not formal administration; and for a foreign

 6  guardian to manage property of a nonresident; but not to

 7  include issuance of letters or order of summary administration

 8  ..........................................................$100

 9         (4)  Recording shall be required for all petitions

10  opening and closing an estate; petitions regarding real

11  estate; and orders, letters, bonds, oaths, wills, proofs of

12  wills, returns, and such other papers as the judge shall deem

13  advisable to record or that shall be required to be recorded

14  under the Florida Probate Code Law.

15  

16         Reviser's note.--Paragraph (1)(a) is amended to

17         improve clarity and facilitate correct

18         interpretation. Subsection (4) is amended to

19         conform to the repeal of the provisions

20         encompassing the Florida Probate Law by s. 3,

21         ch. 74-106, Laws of Florida, and creation of

22         the Florida Probate Code by ch. 74-106.

23  

24         Section 3.  Subsection (1) of section 101.049, Florida

25  Statutes, is amended to read:

26         101.049  Provisional ballots; special circumstances.--

27         (1)  Any person who votes in an election after the

28  regular poll-closing time pursuant to a court or other order

29  extending the statutory polling hours must vote a provisional

30  ballot. Once voted, the provisional ballot shall be placed in

31  a secrecy envelope and thereafter sealed in a provisional


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 1  ballot envelope. The election official witnessing the voter's

 2  subscription and affirmation on the Provisional Ballot Voter's

 3  Certificate shall indicate whether or not the voter met all

 4  requirements to vote a regular ballot at the polls. All such

 5  provisional ballots shall remain sealed in their envelopes and

 6  be transmitted to the supervisor of elections.

 7  

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

 9         facilitate correct interpretation.

10  

11         Section 4.  Paragraph (m) of subsection (2) of section

12  110.205, Florida Statutes, is amended to read:

13         110.205  Career service; exemptions.--

14         (2)  EXEMPT POSITIONS.--The exempt positions that are

15  not covered by this part include the following:

16         (m)  All assistant division director, deputy division

17  director, and bureau chief positions in any department, and

18  those positions determined by the department to have

19  managerial responsibilities comparable to such positions,

20  which positions include, but are not limited to:

21         1.  Positions in the Department of Health and the

22  Department of Children and Family Services that are assigned

23  primary duties of serving as the superintendent or assistant

24  superintendent of an institution.

25         2.  Positions in the Department of Corrections that are

26  assigned primary duties of serving as the warden, assistant

27  warden, colonel, or major of an institution or that are

28  assigned primary duties of serving as the circuit

29  administrator or deputy circuit administrator.

30         3.  Positions in the Department of Transportation that

31  are assigned primary duties of serving as regional toll


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 1  managers and managers of offices as defined in s. 20.23(3)(c)

 2  and (4)(c) 20.23(3)(c) and (4)(d), and captains and majors of

 3  the Office of Motor Carrier Compliance.

 4         4.  Positions in the Department of Environmental

 5  Protection that are assigned the duty of an Environmental

 6  Administrator or program administrator.

 7         5.  Positions in the Department of Health that are

 8  assigned the duties of Environmental Administrator, Assistant

 9  County Health Department Director, and County Health

10  Department Financial Administrator.

11  

12  Unless otherwise fixed by law, the department shall set the

13  salary and benefits of the positions listed in this paragraph

14  in accordance with the rules established for the Selected

15  Exempt Service.

16  

17         Reviser's note.--Amended to conform to the

18         redesignation of subunits within s. 20.23 by s.

19         5, ch. 2003-286, Laws of Florida.

20  

21         Section 5.  Paragraph (b) of subsection (14) of section

22  112.061, Florida Statutes, is amended to read:

23         112.061  Per diem and travel expenses of public

24  officers, employees, and authorized persons.--

25         (14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS,

26  DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS.--

27         (b)  Rates established pursuant to paragraph (a)

28  (15)(a) must apply uniformly to all travel by the county,

29  county constitutional officer and entity governed by that

30  officer, district school board, or special district.

31  


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 1         Reviser's note.--Amended to conform to the

 2         context of the reference and the fact that

 3         there is no subsection (15).

 4  

 5         Section 6.  Paragraph (g) of subsection (2) of section

 6  112.191, Florida Statutes, is reenacted to read:

 7         112.191  Firefighters; death benefits.--

 8         (2)

 9         (g)1.  Any employer who employs a full-time firefighter

10  who, on or after January 1, 1995, suffers a catastrophic

11  injury, as defined in s. 440.02, Florida Statutes 2002, in the

12  line of duty shall pay the entire premium of the employer's

13  health insurance plan for the injured employee, the injured

14  employee's spouse, and for each dependent child of the injured

15  employee until the child reaches the age of majority or until

16  the end of the calendar year in which the child reaches the

17  age of 25 if the child continues to be dependent for support,

18  or the child is a full-time or part-time student and is

19  dependent for support. The term "health insurance plan" does

20  not include supplemental benefits that are not part of the

21  basic group health insurance plan.  If the injured employee

22  subsequently dies, the employer shall continue to pay the

23  entire health insurance premium for the surviving spouse until

24  remarried, and for the dependent children, under the

25  conditions outlined in this paragraph. However:

26         a.  Health insurance benefits payable from any other

27  source shall reduce benefits payable under this section.

28         b.  It is unlawful for a person to willfully and

29  knowingly make, or cause to be made, or to assist, conspire

30  with, or urge another to make, or cause to be made, any false,

31  fraudulent, or misleading oral or written statement to obtain


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 1  health insurance coverage as provided under this paragraph.  A

 2  person who violates this sub-subparagraph commits a

 3  misdemeanor of the first degree, punishable as provided in s.

 4  775.082 or s. 775.083.

 5         c.  In addition to any applicable criminal penalty,

 6  upon conviction for a violation as described in

 7  sub-subparagraph b., a firefighter or other beneficiary who

 8  receives or seeks to receive health insurance benefits under

 9  this paragraph shall forfeit the right to receive such health

10  insurance benefits, and shall reimburse the employer for all

11  benefits paid due to the fraud or other prohibited activity.

12  For purposes of this sub-subparagraph, "conviction" means a

13  determination of guilt that is the result of a plea or trial,

14  regardless of whether adjudication is withheld.

15         2.  In order for the firefighter, spouse, and dependent

16  children to be eligible for such insurance coverage, the

17  injury must have occurred as the result of the firefighter's

18  response to what is reasonably believed to be an emergency

19  involving the protection of life or property, or an unlawful

20  act perpetrated by another.  Except as otherwise provided

21  herein, nothing in this paragraph shall be construed to limit

22  health insurance coverage for which the firefighter, spouse,

23  or dependent children may otherwise be eligible, except that a

24  person who qualifies for benefits under this section shall not

25  be eligible for the health insurance subsidy provided under

26  chapter 121, chapter 175, or chapter 185.

27  

28  Notwithstanding any provision of this section to the contrary,

29  the death benefits provided in paragraphs (b), (c), and (f)

30  shall also be applicable and paid in cases where a firefighter

31  received bodily injury prior to July 1, 1993, and subsequently


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 1  died on or after July 1, 1993, as a result of such

 2  in-line-of-duty injury.

 3  

 4         Reviser's note.--Section 47, ch. 2003-412, Laws

 5         of Florida, amended paragraph (2)(g) without

 6         publishing the flush left language at the end

 7         of the paragraph. Absent affirmative evidence

 8         of legislative intent to repeal it, paragraph

 9         (2)(g) is reenacted here to confirm that the

10         omission was not intended.

11  

12         Section 7.  Paragraph (b) of subsection (5) of section

13  117.05, Florida Statutes, is amended to read:

14         117.05  Use of notary commission; unlawful use; notary

15  fee; seal; duties; employer liability; name change;

16  advertising; photocopies; penalties.--

17         (5)  A notary public may not notarize a signature on a

18  document unless he or she personally knows, or has

19  satisfactory evidence, that the person whose signature is to

20  be notarized is the individual who is described in and who is

21  executing the instrument. A notary public shall certify in the

22  certificate of acknowledgment or jurat the type of

23  identification, either based on personal knowledge or other

24  form of identification, upon which the notary public is

25  relying.

26         (b)  For the purposes of this subsection, "satisfactory

27  evidence" means the absence of any information, evidence, or

28  other circumstances which would lead a reasonable person to

29  believe that the person whose signature is to be notarized is

30  not the person he or she claims to be and any one of the

31  following:


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 1         1.  The sworn written statement of one credible witness

 2  personally known to the notary public or the sworn written

 3  statement of two credible witnesses whose identities are

 4  proven to the notary public upon the presentation of

 5  satisfactory evidence that each of the following is true:

 6         a.  That the person whose signature is to be notarized

 7  is the person named in the document;

 8         b.  That the person whose signature is to be notarized

 9  is personally known to the witnesses;

10         c.  That it is the reasonable belief of the witnesses

11  that the circumstances of the person whose signature is to be

12  notarized are such that it would be very difficult or

13  impossible for that person to obtain another acceptable form

14  of identification;

15         d.  That it is the reasonable belief of the witnesses

16  that the person whose signature is to be notarized does not

17  possess any of the identification documents specified in

18  subparagraph 2.; and

19         e.  That the witnesses do not have a financial interest

20  in nor are parties to the underlying transaction; or

21         2.  Reasonable reliance on the presentation to the

22  notary public of any one of the following forms of

23  identification, if the document is current or has been issued

24  within the past 5 years and bears a serial or other

25  identifying number:

26         a.  A Florida identification card or driver's license

27  issued by the public agency authorized to issue driver's

28  licenses;

29         b.  A passport issued by the Department of State of the

30  United States;

31  


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 1         c.  A passport issued by a foreign government if the

 2  document is stamped by the United States Bureau of Citizenship

 3  and Immigration Services Immigration and Naturalization

 4  Service;

 5         d.  A driver's license or an identification card issued

 6  by a public agency authorized to issue driver's licenses in a

 7  state other than Florida, a territory of the United States, or

 8  Canada or Mexico;

 9         e.  An identification card issued by any branch of the

10  armed forces of the United States;

11         f.  An inmate identification card issued on or after

12  January 1, 1991, by the Florida Department of Corrections for

13  an inmate who is in the custody of the department;

14         g.  An inmate identification card issued by the United

15  States Department of Justice, Bureau of Prisons, for an inmate

16  who is in the custody of the department;

17         h.  A sworn, written statement from a sworn law

18  enforcement officer that the forms of identification for an

19  inmate in an institution of confinement were confiscated upon

20  confinement and that the person named in the document is the

21  person whose signature is to be notarized; or

22         i.  An identification card issued by the United States

23  Bureau of Citizenship and Immigration Services Immigration and

24  Naturalization Service.

25  

26         Reviser's note.--Amended to conform to the

27         redesignation of the Immigration and

28         Naturalization Service pursuant to its transfer

29         to the Department of Homeland Security by s.

30         451, Pub. L. No. 107-296.

31  


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 1         Section 8.  Paragraph (a) of subsection (22) and

 2  subsection (38) of section 121.021, Florida Statutes, are

 3  amended to read:

 4         121.021  Definitions.--The following words and phrases

 5  as used in this chapter have the respective meanings set forth

 6  unless a different meaning is plainly required by the context:

 7         (22)  "Compensation" means the monthly salary paid a

 8  member by his or her employer for work performed arising from

 9  that employment.

10         (a)  Compensation shall include:

11         1.  Overtime payments paid from a salary fund.

12         2.  Accumulated annual leave payments.

13         3.  Payments in addition to the employee's base rate of

14  pay if all the following apply:

15         a.  The payments are paid according to a formal written

16  policy that applies to all eligible employees equally;

17         b.  The policy provides that payments shall commence no

18  later than the 11th year of employment;

19         c.  The payments are paid for as long as the employee

20  continues his or her employment; and

21         d.  The payments are paid at least annually.

22         4.  Amounts withheld for tax sheltered annuities or

23  deferred compensation programs, or any other type of salary

24  reduction plan authorized under the Internal Revenue Code.

25         5.  Payments made in lieu of a permanent increase in

26  the base rate of pay, whether made annually or in 12 or 26

27  equal payments within a 12-month period, when the member's

28  base pay is at the maximum of his or her pay range. When a

29  portion of a member's annual increase raises his or her pay

30  range and the excess is paid as a lump sum payment, such lump

31  sum payment shall be compensation for retirement purposes.


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 1         6.  Effective July 1, 2002, salary supplements made

 2  pursuant to s. 1012.72 ss. 231.700 and 236.08106 requiring a

 3  valid National Board for Professional Standards certificate or

 4  equivalent status as provided in s. 1012.73(3)(e)5.,

 5  notwithstanding the provisions of subparagraph 3.

 6         (38)  "Continuous service" means creditable service as

 7  a member, beginning with the first day of employment with an

 8  employer covered under a state-administered retirement system

 9  consolidated herein and continuing for as long as the member

10  remains in an employer-employee relationship with an employer

11  covered under this chapter.  An absence of 1 calendar month or

12  more from an employer's payroll shall be considered a break in

13  continuous service, except for periods of absence during which

14  an employer-employee relationship continues to exist and such

15  period of absence is creditable under this chapter or under

16  one of the existing systems consolidated herein.  However, a

17  law enforcement officer as defined in s. 121.0515(2)(a) who

18  was a member of a state-administered retirement system under

19  chapter 122 or chapter 321 and who resigned and was

20  subsequently reemployed in a law enforcement position within

21  12 calendar months of such resignation by an employer under

22  such state-administered retirement system shall be deemed to

23  have not experienced a break in service. Further, with respect

24  to a state-employed law enforcement officer who meets the

25  criteria specified in s. 121.0515(2)(a), if the absence from

26  the employer's payroll is the result of a "layoff" as defined

27  in s. 110.107 110.203(24) or a resignation to run for an

28  elected office that meets the criteria specified in s.

29  121.0515(2)(a), no break in continuous service shall be deemed

30  to have occurred if the member is reemployed as a state law

31  enforcement officer or is elected to an office which meets the


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 1  criteria specified in s. 121.0515(2)(a) within 12 calendar

 2  months after the date of the layoff or resignation,

 3  notwithstanding the fact that such period of layoff or

 4  resignation is not creditable service under this chapter.  A

 5  withdrawal of contributions will constitute a break in

 6  service.  Continuous service also includes past service

 7  purchased under this chapter, provided such service is

 8  continuous within this definition and the rules established by

 9  the administrator.  The administrator may establish

10  administrative rules and procedures for applying this

11  definition to creditable service authorized under this

12  chapter. Any correctional officer, as defined in s. 943.10,

13  whose participation in the state-administered retirement

14  system is terminated due to the transfer of a county detention

15  facility through a contractual agreement with a private entity

16  pursuant to s. 951.062, shall be deemed an employee with

17  continuous service in the Special Risk Class, provided return

18  to employment with the former employer takes place within 3

19  years due to contract termination or the officer is employed

20  by a covered employer in a special risk position within 1 year

21  after his or her initial termination of employment by such

22  transfer of its detention facilities to the private entity.

23  

24         Reviser's note.--Paragraph (22)(a) is amended

25         to conform to the replacement of ss. 231.700

26         and 236.08106 by ss. 1012.73 and 1012.72,

27         respectively, in the revised Florida K-20

28         Education Code and the subsequent repeal of s.

29         1012.73 by s. 23, ch. 2003-391, Laws of

30         Florida. Subsection (38) is amended to conform

31         to the repeal of s. 110.203(24) by s. 19, ch.


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 1         2003-138, Laws of Florida, and the enactment of

 2         s. 110.107, which also defines the term

 3         "layoff," by s. 3, ch. 2003-138.

 4  

 5         Section 9.  Paragraph (c) of subsection (2) of section

 6  121.051, Florida Statutes, is amended to read:

 7         121.051  Participation in the system.--

 8         (2)  OPTIONAL PARTICIPATION.--

 9         (c)  Employees of public community colleges or charter

10  technical career centers sponsored by public community

11  colleges, as designated in s. 1000.21(3), who are members of

12  the Regular Class of the Florida Retirement System and who

13  comply with the criteria set forth in this paragraph and in s.

14  1012.875 may elect, in lieu of participating in the Florida

15  Retirement System, to withdraw from the Florida Retirement

16  System altogether and participate in an optional retirement

17  program provided by the employing agency under s. 1012.875, to

18  be known as the State Community College System Optional

19  Retirement Program. Pursuant thereto:

20         1.  Through June 30, 2001, the cost to the employer for

21  such annuity shall equal the normal cost portion of the

22  employer retirement contribution which would be required if

23  the employee were a member of the Regular Class defined

24  benefit program, plus the portion of the contribution rate

25  required by s. 112.363(8) that would otherwise be assigned to

26  the Retiree Health Insurance Subsidy Trust Fund. Effective

27  July 1, 2001, each employer shall contribute on behalf of each

28  participant in the optional program an amount equal to 10.43

29  percent of the participant's gross monthly compensation. The

30  employer shall deduct an amount to provide for the

31  administration of the optional retirement program. The


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 1  employer providing the optional program shall contribute an

 2  additional amount to the Florida Retirement System Trust Fund

 3  equal to the unfunded actuarial accrued liability portion of

 4  the Regular Class contribution rate.

 5         2.  The decision to participate in such an optional

 6  retirement program shall be irrevocable for as long as the

 7  employee holds a position eligible for participation, except

 8  as provided in subparagraph 3. Any service creditable under

 9  the Florida Retirement System shall be retained after the

10  member withdraws from the Florida Retirement System; however,

11  additional service credit in the Florida Retirement System

12  shall not be earned while a member of the optional retirement

13  program.

14         3.  An employee who has elected to participate in the

15  optional retirement program shall have one opportunity, at the

16  employee's discretion, to choose to transfer from the optional

17  retirement program to the defined benefit program of the

18  Florida Retirement System or to the Public Employee Optional

19  Retirement Program, subject to the terms of the applicable

20  optional retirement program contracts.

21         a.  If the employee chooses to move to the Public

22  Employee Optional Retirement Program, any contributions,

23  interest, and earnings creditable to the employee under the

24  State Community College System Optional Retirement Program

25  shall be retained by the employee in the State Community

26  College System Optional Retirement Program, and the applicable

27  provisions of s. 121.4501(4) shall govern the election.

28         b.  If the employee chooses to move to the defined

29  benefit program of the Florida Retirement System, the employee

30  shall receive service credit equal to his or her years of

31  


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 1  service under the State Community College Optional Retirement

 2  Program.

 3         (I)  The cost for such credit shall be an amount

 4  representing the present value of that employee's accumulated

 5  benefit obligation for the affected period of service. The

 6  cost shall be calculated as if the benefit commencement occurs

 7  on the first date the employee would become eligible for

 8  unreduced benefits, using the discount rate and other relevant

 9  actuarial assumptions that were used to value the Florida

10  Retirement System defined benefit plan liabilities in the most

11  recent actuarial valuation. The calculation shall include any

12  service already maintained under the defined benefit plan in

13  addition to the years under the State Community College

14  Optional Retirement Program. The present value of any service

15  already maintained under the defined benefit plan shall be

16  applied as a credit to total cost resulting from the

17  calculation. The division shall ensure that the transfer sum

18  is prepared using a formula and methodology certified by an

19  enrolled actuary.

20         (II)  The employee must transfer from his or her State

21  Community College System Optional Retirement Program account

22  and from other employee moneys as necessary, a sum

23  representing the present value of that employee's accumulated

24  benefit obligation immediately following the time of such

25  movement, determined assuming that attained service equals the

26  sum of service in the defined benefit program and service in

27  the State Community College System Optional Retirement

28  Program.

29         4.  Participation in the optional retirement program

30  shall be limited to those employees who satisfy the following

31  eligibility criteria:


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 1         a.  The employee must be otherwise eligible for

 2  membership in the Regular Class of the Florida Retirement

 3  System, as provided in s. 121.021(11) and (12).

 4         b.  The employee must be employed in a full-time

 5  position classified in the Accounting Manual for Florida's

 6  Public Community Colleges as:

 7         (I)  Instructional; or

 8         (II)  Executive Management, Instructional Management,

 9  or Institutional Management, if a community college determines

10  that recruiting to fill a vacancy in the position is to be

11  conducted in the national or regional market, and:

12         (A)  The duties and responsibilities of the position

13  include either the formulation, interpretation, or

14  implementation of policies; or

15         (B)  The duties and responsibilities of the position

16  include the performance of functions that are unique or

17  specialized within higher education and that frequently

18  involve the support of the mission of the community college.

19         c.  The employee must be employed in a position not

20  included in the Senior Management Service Class of the Florida

21  Retirement System, as described in s. 121.055.

22         5.  Participants in the program are subject to the same

23  reemployment limitations, renewed membership provisions, and

24  forfeiture provisions as are applicable to regular members of

25  the Florida Retirement System under ss. 121.091(9), 121.122,

26  and 121.091(5), respectively.

27         6.  Eligible community college employees shall be

28  compulsory members of the Florida Retirement System until,

29  pursuant to the procedures set forth in s. 1012.875, a written

30  election to withdraw from the Florida Retirement System and to

31  participate in the State Community College Optional Retirement


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 1  Program is filed with the program administrator and received

 2  by the division.

 3         a.  Any community college employee whose program

 4  eligibility results from initial employment shall be enrolled

 5  in the State Community College Optional Retirement Program

 6  retroactive to the first day of eligible employment. The

 7  employer retirement contributions paid through the month of

 8  the employee plan change shall be transferred to the community

 9  college for the employee's optional program account, and,

10  effective the first day of the next month, the employer shall

11  pay the applicable contributions based upon subparagraph 1.

12         b.  Any community college employee whose program

13  eligibility results from a change in status due to the

14  subsequent designation of the employee's position as one of

15  those specified in subparagraph 4. or due to the employee's

16  appointment, promotion, transfer, or reclassification to a

17  position specified in subparagraph 4. shall be enrolled in the

18  program upon the first day of the first full calendar month

19  that such change in status becomes effective. The employer

20  retirement contributions paid from the effective date through

21  the month of the employee plan change shall be transferred to

22  the community college for the employee's optional program

23  account, and, effective the first day of the next month, the

24  employer shall pay the applicable contributions based upon

25  subparagraph 1.

26         7.  Effective July 1, 2003, any participant of the

27  State Community College Optional Retirement Program who has

28  service credit in the defined benefit plan of the Florida

29  Retirement System for the period between his or her first

30  eligibility to transfer from the defined benefit plan to the

31  optional retirement program and the actual date of transfer


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 1  may, during his or her their employment, elect to transfer to

 2  the optional retirement program a sum representing the present

 3  value of the accumulated benefit obligation under the defined

 4  benefit retirement program for such period of service credit.

 5  Upon such transfer, all such service credit previously earned

 6  under the defined benefit program of the Florida Retirement

 7  System during this period shall be nullified for purposes of

 8  entitlement to a future benefit under the defined benefit

 9  program of the Florida Retirement System.

10  

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

12         correct sentence construction.

13  

14         Section 10.  Paragraph (h) of subsection (3) of section

15  163.01, Florida Statutes, is amended to read:

16         163.01  Florida Interlocal Cooperation Act of 1969.--

17         (3)  As used in this section:

18         (h)  "Local government liability pool" means a

19  reciprocal insurer as defined in s. 629.021 or any

20  self-insurance program created pursuant to s. 768.28(16)

21  768.28(15), formed and controlled by counties or

22  municipalities of this state to provide liability insurance

23  coverage for counties, municipalities, or other public

24  agencies of this state, which pool may contract with other

25  parties for the purpose of providing claims administration,

26  processing, accounting, and other administrative facilities.

27  

28         Reviser's note.--Amended to conform to the

29         redesignation of s. 768.28(15) as s. 768.28(16)

30         by s. 67, ch. 2003-416, Laws of Florida.

31  


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 1         Section 11.  Subsection (10) of section 163.3167,

 2  Florida Statutes, is amended to read:

 3         163.3167  Scope of act.--

 4         (10)  Nothing in this part shall supersede any

 5  provision of ss. 341.8201-341.842 341.321-341.386.

 6  

 7         Reviser's note.--Amended to conform to the

 8         repeal of ss. 341.321-341.386, the Florida

 9         High-Speed Rail Transportation Act, by s. 55,

10         ch. 2002-20, Laws of Florida, and the creation

11         of ss. 341.8201-341.842, the Florida High-Speed

12         Rail Authority Act, by ch. 2002-20.

13  

14         Section 12.  Subsection (3) of section 163.524, Florida

15  Statutes, is amended to read:

16         163.524  Neighborhood Preservation and Enhancement

17  Program; participation; creation of Neighborhood Preservation

18  and Enhancement Districts; creation of Neighborhood Councils

19  and Neighborhood Enhancement Plans.--

20         (3)  After the boundaries and size of the Neighborhood

21  Preservation and Enhancement District have been defined, the

22  local government shall pass an ordinance authorizing the

23  creation of the Neighborhood Preservation and Enhancement

24  District.  The ordinance shall contain a finding that the

25  boundaries of the Neighborhood Preservation and Enhancement

26  District meet the provisions of s. 163.340(7) or (8)(a)-(n)

27  163.340(7) or (8)(a) or do not contain properties that are

28  protected by deed restrictions.  Such ordinance may be amended

29  or repealed in the same manner as other local ordinances.

30  

31  


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 1         Reviser's note.--Amended to conform to the

 2         redesignation of subunits of s. 163.340 by s.

 3         2, ch. 2002-294, Laws of Florida.

 4  

 5         Section 13.  Paragraph (a) of subsection (1) of section

 6  192.0105, Florida Statutes, is amended to read:

 7         192.0105  Taxpayer rights.--There is created a Florida

 8  Taxpayer's Bill of Rights for property taxes and assessments

 9  to guarantee that the rights, privacy, and property of the

10  taxpayers of this state are adequately safeguarded and

11  protected during tax levy, assessment, collection, and

12  enforcement processes administered under the revenue laws of

13  this state. The Taxpayer's Bill of Rights compiles, in one

14  document, brief but comprehensive statements that summarize

15  the rights and obligations of the property appraisers, tax

16  collectors, clerks of the court, local governing boards, the

17  Department of Revenue, and taxpayers. Additional rights

18  afforded to payors of taxes and assessments imposed under the

19  revenue laws of this state are provided in s. 213.015. The

20  rights afforded taxpayers to assure that their privacy and

21  property are safeguarded and protected during tax levy,

22  assessment, and collection are available only insofar as they

23  are implemented in other parts of the Florida Statutes or

24  rules of the Department of Revenue. The rights so guaranteed

25  to state taxpayers in the Florida Statutes and the

26  departmental rules include:

27         (1)  THE RIGHT TO KNOW.--

28         (a)  The right to be mailed notice of proposed property

29  taxes and proposed or adopted non-ad valorem assessments (see

30  ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and

31  200.069). The notice must also inform the taxpayer that the


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 1  final tax bill may contain additional non-ad valorem

 2  assessments (see s. 200.069(10) 200.069(11)).

 3  

 4         Reviser's note.--Amended to conform to the

 5         redesignation of subsections of s. 200.069 by

 6         s. 7, ch. 2002-18, Laws of Florida.

 7  

 8         Section 14.  Paragraph (c) of subsection (2) of section

 9  206.02, Florida Statutes, is amended to read:

10         206.02  Application for license; temporary license;

11  terminal suppliers, importers, exporters, blenders, biodiesel

12  manufacturers, and wholesalers.--

13         (2)  To procure a terminal supplier license, a person

14  shall file with the department an application under oath, and

15  in such form as the department may prescribe, setting forth:

16         (c)  The name and complete residence address of the

17  owner or the names and addresses of the partners, if such

18  person is a partnership, or of the principal officers, if such

19  person is a corporation or association; and, if such person is

20  a corporation organized under the laws of another state,

21  territory, or country, he or she shall also indicate the

22  state, territory, or country county where the corporation is

23  organized and the date the corporation was registered with the

24  Department of State as a foreign corporation authorized to

25  transact business in the state.

26  

27  The application shall require a $30 license tax. Each license

28  shall be renewed annually through application, including an

29  annual $30 license tax.

30  

31  


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 1         Reviser's note.--Amended to provide consistent

 2         terminology within the paragraph.

 3  

 4         Section 15.  Paragraph (b) of subsection (1) and

 5  subsection (3) of section 206.9825, Florida Statutes, are

 6  amended to read:

 7         206.9825  Aviation fuel tax.--

 8         (1)

 9         (b)  Any licensed wholesaler or terminal supplier that

10  delivers aviation fuel to an air carrier offering

11  transcontinental jet service and that, after January 1, 1996,

12  increases the air carrier's Florida workforce by more than

13  1000 percent and by 250 or more full-time equivalent employee

14  positions, may receive a credit or refund as the ultimate

15  vendor of the aviation fuel for the 6.9 cents excise tax

16  previously paid, provided that the air carrier has no facility

17  for fueling highway vehicles from the tank in which the

18  aviation fuel is stored.  In calculating the new or additional

19  Florida full-time equivalent employee positions, any full-time

20  equivalent employee positions of parent or subsidiary

21  corporations which existed before January 1, 1996, shall not

22  be counted toward reaching the Florida employment increase

23  thresholds.  The refund allowed under this paragraph is in

24  furtherance of the goals and policies of the State

25  Comprehensive Plan set forth in s. 187.201(16)(a), (b)1., 2.,

26  (17)(a), (b)1., 4., (19)(a), (b)5., (21)(a), (b)1., 2., 4.,

27  7., 9., and 12. 187.201(17)(a), (b)1., 2., (18)(a), (b)1., 4.,

28  (20)(a), (b)5., (22)(a), (b)1., 2., 4., 7., 9., and 12.

29         (3)  An excise tax of 6.9 cents per gallon is imposed

30  on each gallon of aviation gasoline in the manner prescribed

31  


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 1  by paragraph (2)(a) (3)(a). However, the exemptions allowed by

 2  paragraph (2)(b) (3)(b) do not apply to aviation gasoline.

 3  

 4         Reviser's note.--Paragraph (1)(b) is amended to

 5         conform to the repeal of former s. 187.201(1)

 6         by s. 1056, ch. 2002-387, Laws of Florida.

 7         Subsection (3) is amended to conform to the

 8         repeal of former subsection (2) by s. 3, ch.

 9         2003-2, Laws of Florida.

10  

11         Section 16.  Paragraph (c) of subsection (2) of section

12  220.187, Florida Statutes, is amended to read:

13         220.187  Credits for contributions to nonprofit

14  scholarship-funding organizations.--

15         (2)  DEFINITIONS.--As used in this section, the term:

16         (c)  "Eligible nonpublic school" means a nonpublic

17  school located in Florida that offers an education to students

18  in any grades K-12 and that meets the requirements in

19  subsection (6)(5).

20  

21         Reviser's note.--Amended to conform to the

22         redesignation of subunits of s. 220.187 by s.

23         9, ch. 2003-391, Laws of Florida.

24  

25         Section 17.  Section 220.191, Florida Statutes, is

26  reenacted to read:

27         220.191  Capital investment tax credit.--

28         (1)  DEFINITIONS.--For purposes of this section:

29         (a)  "Commencement of operations" means the beginning

30  of active operations by a qualifying business of the principal

31  function for which a qualifying project was constructed.


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 1         (b)  "Cumulative capital investment" means the total

 2  capital investment in land, buildings, and equipment made in

 3  connection with a qualifying project during the period from

 4  the beginning of construction of the project to the

 5  commencement of operations.

 6         (c)  "Eligible capital costs" means all expenses

 7  incurred by a qualifying business in connection with the

 8  acquisition, construction, installation, and equipping of a

 9  qualifying project during the period from the beginning of

10  construction of the project to the commencement of operations,

11  including, but not limited to:

12         1.  The costs of acquiring, constructing, installing,

13  equipping, and financing a qualifying project, including all

14  obligations incurred for labor and obligations to contractors,

15  subcontractors, builders, and materialmen.

16         2.  The costs of acquiring land or rights to land and

17  any cost incidental thereto, including recording fees.

18         3.  The costs of architectural and engineering

19  services, including test borings, surveys, estimates, plans

20  and specifications, preliminary investigations, environmental

21  mitigation, and supervision of construction, as well as the

22  performance of all duties required by or consequent to the

23  acquisition, construction, installation, and equipping of a

24  qualifying project.

25         4.  The costs associated with the installation of

26  fixtures and equipment; surveys, including archaeological and

27  environmental surveys; site tests and inspections; subsurface

28  site work and excavation; removal of structures, roadways, and

29  other surface obstructions; filling, grading, paving, and

30  provisions for drainage, storm water retention, and

31  installation of utilities, including water, sewer, sewage


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 1  treatment, gas, electricity, communications, and similar

 2  facilities; and offsite construction of utility extensions to

 3  the boundaries of the property.

 4  

 5  Eligible capital costs shall not include the cost of any

 6  property previously owned or leased by the qualifying

 7  business.

 8         (d)  "Income generated by or arising out of the

 9  qualifying project" means the qualifying project's annual

10  taxable income as determined by generally accepted accounting

11  principles and under s. 220.13.

12         (e)  "Jobs" means full-time equivalent positions, as

13  that term is consistent with terms used by the Agency for

14  Workforce Innovation and the United States Department of Labor

15  for purposes of unemployment tax administration and employment

16  estimation, resulting directly from a project in this state.

17  The term does not include temporary construction jobs involved

18  in the construction of the project facility.

19         (f)  "Office" means the Office of Tourism, Trade, and

20  Economic Development.

21         (g)  "Qualifying business" means a business which

22  establishes a qualifying project in this state and which is

23  certified by the office to receive tax credits pursuant to

24  this section.

25         (h)  "Qualifying project" means:

26         1.  A new or expanding facility in this state which

27  creates at least 100 new jobs in this state and is in one of

28  the high-impact sectors identified by Enterprise Florida,

29  Inc., and certified by the office pursuant to s. 288.108(6),

30  including, but not limited to, aviation, aerospace,

31  automotive, and silicon technology industries; or


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 1         2.  A new financial services facility in this state,

 2  which creates at least 2,000 new jobs in this state, pays an

 3  average annual wage of at least $50,000, and makes a

 4  cumulative capital investment of at least $30 million. This

 5  subparagraph is repealed June 30, 2004.

 6         (2)  An annual credit against the tax imposed by this

 7  chapter shall be granted to any qualifying business in an

 8  amount equal to 5 percent of the eligible capital costs

 9  generated by a qualifying project, for a period not to exceed

10  20 years beginning with the commencement of operations of the

11  project. The tax credit shall be granted against only the

12  corporate income tax liability or the premium tax liability

13  generated by or arising out of the qualifying project, and the

14  sum of all tax credits provided pursuant to this section shall

15  not exceed 100 percent of the eligible capital costs of the

16  project. In no event may any credit granted under this section

17  be carried forward or backward by any qualifying business with

18  respect to a subsequent or prior year. The annual tax credit

19  granted under this section shall not exceed the following

20  percentages of the annual corporate income tax liability or

21  the premium tax liability generated by or arising out of a

22  qualifying project:

23         (a)  One hundred percent for a qualifying project which

24  results in a cumulative capital investment of at least $100

25  million.

26         (b)  Seventy-five percent for a qualifying project

27  which results in a cumulative capital investment of at least

28  $50 million but less than $100 million.

29         (c)  Fifty percent for a qualifying project which

30  results in a cumulative capital investment of at least $25

31  million but less than $50 million.


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 1  

 2  A qualifying project which results in a cumulative capital

 3  investment of less than $25 million is not eligible for the

 4  capital investment tax credit. An insurance company claiming a

 5  credit against premium tax liability under this program shall

 6  not be required to pay any additional retaliatory tax levied

 7  pursuant to s. 624.5091 as a result of claiming such credit.

 8  Because credits under this section are available to an

 9  insurance company, s. 624.5091 does not limit such credit in

10  any manner.

11         (3)  Prior to receiving tax credits pursuant to this

12  section, a qualifying business must achieve and maintain the

13  minimum employment goals beginning with the commencement of

14  operations at a qualifying project and continuing each year

15  thereafter during which tax credits are available pursuant to

16  this section.

17         (4)  The office, upon a recommendation by Enterprise

18  Florida, Inc., shall first certify a business as eligible to

19  receive tax credits pursuant to this section prior to the

20  commencement of operations of a qualifying project, and such

21  certification shall be transmitted to the Department of

22  Revenue. Upon receipt of the certification, the Department of

23  Revenue shall enter into a written agreement with the

24  qualifying business specifying, at a minimum, the method by

25  which income generated by or arising out of the qualifying

26  project will be determined.

27         (5)  The office, in consultation with Enterprise

28  Florida, Inc., is authorized to develop the necessary

29  guidelines and application materials for the certification

30  process described in subsection (4).

31  


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 1         (6)  It shall be the responsibility of the qualifying

 2  business to affirmatively demonstrate to the satisfaction of

 3  the Department of Revenue that such business meets the job

 4  creation and capital investment requirements of this section.

 5         (7)  The Department of Revenue may specify by rule the

 6  methods by which a project's pro forma annual taxable income

 7  is determined.

 8  

 9         Reviser's note.--Section 1, ch. 2003-270, Laws

10         of Florida, purported to amend s. 220.191, but

11         did not publish paragraphs (1)(a)-(g) and

12         subsections (2)-(7). Absent affirmative

13         evidence that the Legislature intended to

14         repeal the material, the section is reenacted

15         to confirm that the omission was not intended.

16  

17         Section 18.  Subsection (10) of section 259.032,

18  Florida Statutes, is reenacted to read:

19         259.032  Conservation and Recreation Lands Trust Fund;

20  purpose.--

21         (10)(a)  State, regional, or local governmental

22  agencies or private entities designated to manage lands under

23  this section shall develop and adopt, with the approval of the

24  board of trustees, an individual management plan for each

25  project designed to conserve and protect such lands and their

26  associated natural resources. Private sector involvement in

27  management plan development may be used to expedite the

28  planning process.

29         (b)  Individual management plans required by s.

30  253.034(5), for parcels over 160 acres, shall be developed

31  with input from an advisory group. Members of this advisory


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 1  group shall include, at a minimum, representatives of the lead

 2  land managing agency, comanaging entities, local private

 3  property owners, the appropriate soil and water conservation

 4  district, a local conservation organization, and a local

 5  elected official.  The advisory group shall conduct at least

 6  one public hearing within the county in which the parcel or

 7  project is located. For those parcels or projects that are

 8  within more than one county, at least one areawide public

 9  hearing shall be acceptable and the lead managing agency shall

10  invite a local elected official from each county. The areawide

11  public hearing shall be held in the county in which the core

12  parcels are located. Notice of such public hearing shall be

13  posted on the parcel or project designated for management,

14  advertised in a paper of general circulation, and announced at

15  a scheduled meeting of the local governing body before the

16  actual public hearing.  The management prospectus required

17  pursuant to paragraph (9)(d) shall be available to the public

18  for a period of 30 days prior to the public hearing.

19         (c)  Once a plan is adopted, the managing agency or

20  entity shall update the plan at least every 10 years in a form

21  and manner prescribed by rule of the board of trustees. Such

22  updates, for parcels over 160 acres, shall be developed with

23  input from an advisory group. Such plans may include transfers

24  of leasehold interests to appropriate conservation

25  organizations or governmental entities designated by the Land

26  Acquisition and Management Advisory Council or its successor,

27  for uses consistent with the purposes of the organizations and

28  the protection, preservation, conservation, restoration, and

29  proper management of the lands and their resources. Volunteer

30  management assistance is encouraged, including, but not

31  limited to, assistance by youths participating in programs


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 1  sponsored by state or local agencies, by volunteers sponsored

 2  by environmental or civic organizations, and by individuals

 3  participating in programs for committed delinquents and

 4  adults.

 5         (d)  For each project for which lands are acquired

 6  after July 1, 1995, an individual management plan shall be

 7  adopted and in place no later than 1 year after the essential

 8  parcel or parcels identified in the annual Conservation and

 9  Recreation Lands report prepared pursuant to s. 259.035(2)(a)

10  have been acquired. Beginning in fiscal year 1998-1999, the

11  Department of Environmental Protection shall distribute only

12  75 percent of the acquisition funds to which a budget entity

13  or water management district would otherwise be entitled from

14  the Preservation 2000 Trust Fund to any budget entity or any

15  water management district that has more than one-third of its

16  management plans overdue.

17         (e)  Individual management plans shall conform to the

18  appropriate policies and guidelines of the state land

19  management plan and shall include, but not be limited to:

20         1.  A statement of the purpose for which the lands were

21  acquired, the projected use or uses as defined in s. 253.034,

22  and the statutory authority for such use or uses.

23         2.  Key management activities necessary to preserve and

24  protect natural resources and restore habitat, and for

25  controlling the spread of nonnative plants and animals, and

26  for prescribed fire and other appropriate resource management

27  activities.

28         3.  A specific description of how the managing agency

29  plans to identify, locate, protect, and preserve, or otherwise

30  use fragile, nonrenewable natural and cultural resources.

31  


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 1         4.  A priority schedule for conducting management

 2  activities, based on the purposes for which the lands were

 3  acquired.

 4         5.  A cost estimate for conducting priority management

 5  activities, to include recommendations for cost-effective

 6  methods of accomplishing those activities.

 7         6.  A cost estimate for conducting other management

 8  activities which would enhance the natural resource value or

 9  public recreation value for which the lands were acquired. The

10  cost estimate shall include recommendations for cost-effective

11  methods of accomplishing those activities.

12         7.  A determination of the public uses and public

13  access that would be consistent with the purposes for which

14  the lands were acquired.

15         (f)  The Division of State Lands shall submit a copy of

16  each individual management plan for parcels which exceed 160

17  acres in size to each member of the Land Acquisition and

18  Management Advisory Council or its successor, which shall:

19         1.  Within 60 days after receiving a plan from the

20  division, review each plan for compliance with the

21  requirements of this subsection and with the requirements of

22  the rules established by the board pursuant to this

23  subsection.

24         2.  Consider the propriety of the recommendations of

25  the managing agency with regard to the future use or

26  protection of the property.

27         3.  After its review, submit the plan, along with its

28  recommendations and comments, to the board of trustees, with

29  recommendations as to whether to approve the plan as

30  submitted, approve the plan with modifications, or reject the

31  plan.


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 1         (g)  The board of trustees shall consider the

 2  individual management plan submitted by each state agency and

 3  the recommendations of the Land Acquisition and Management

 4  Advisory Council, or its successor, and the Division of State

 5  Lands and shall approve the plan with or without modification

 6  or reject such plan. The use or possession of any lands owned

 7  by the board of trustees which is not in accordance with an

 8  approved individual management plan is subject to termination

 9  by the board of trustees.

10  

11  By July 1 of each year, each governmental agency and each

12  private entity designated to manage lands shall report to the

13  Secretary of Environmental Protection on the progress of

14  funding, staffing, and resource management of every project

15  for which the agency or entity is responsible.

16  

17         Reviser's note.--Section 6, ch. 2003-394, Laws

18         of Florida, amended paragraph (10)(c) without

19         publishing the flush left paragraph at the end

20         of the subsection. Absent affirmative evidence

21         of legislative intent to repeal the flush left

22         material at the end of subsection (10),

23         subsection (10) is reenacted to confirm that

24         the omission was not intended.

25  

26         Section 19.  Paragraph (a) of subsection (1) of section

27  265.285, Florida Statutes, is amended to read:

28         265.285  Florida Arts Council; membership, duties.--

29         (1)(a)  The Florida Arts Council is created in the

30  department as an advisory body, as defined in s. 20.03(7), to

31  consist of 15 members. Seven members shall be appointed by the


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 1  Governor, four members shall be appointed by the President of

 2  the Senate, and four members shall be appointed by the Speaker

 3  of the House of Representatives. The appointments, to be made

 4  in consultation with the Secretary of State, shall recognize

 5  the need for geographical representation. Council members

 6  appointed by the Governor shall be appointed for 4-year terms.

 7  Council members appointed by the President of the Senate and

 8  the Speaker of the House of Representatives shall be appointed

 9  for 2-year terms. Council members serving on July 1, 2002, may

10  serve the remainder of their respective terms. New

11  appointments to the council shall not be made until the

12  retirement, resignation, removal, or expiration of the terms

13  of the initial members results in fewer than 15 members

14  remaining. As vacancies occur, the first appointment to the

15  council shall be made by the Governor. The President of the

16  Senate, the Speaker of the House of Representatives, and the

17  Governor, respectively, shall then alternate appointments

18  until the council commission is composed as required herein.

19  No member of the council who serves two 4-year terms or two

20  2-year terms will be eligible for reappointment during a

21  1-year period following the expiration of the member's second

22  term. A member whose term has expired shall continue to serve

23  on the council until such time as a replacement is appointed.

24  Any vacancy on the council shall be filled for the remainder

25  of the unexpired term in the same manner as for the original

26  appointment. Members should have a substantial history of

27  community service in the performing or visual arts, which

28  includes, but is not limited to, theatre, dance, folk arts,

29  music, architecture, photography, and literature. In addition,

30  it is desirable that members have successfully served on

31  


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 1  boards of cultural institutions such as museums and performing

 2  arts centers or are recognized as patrons of the arts.

 3  

 4         Reviser's note.--Amended to conform to the

 5         references to the arts council elsewhere in the

 6         section.

 7  

 8         Section 20.  Paragraph (f) of subsection (5) of section

 9  287.057, Florida Statutes, is amended to read:

10         287.057  Procurement of commodities or contractual

11  services.--

12         (5)  When the purchase price of commodities or

13  contractual services exceeds the threshold amount provided in

14  s. 287.017 for CATEGORY TWO, no purchase of commodities or

15  contractual services may be made without receiving competitive

16  sealed bids, competitive sealed proposals, or competitive

17  sealed replies unless:

18         (f)  The following contractual services and commodities

19  are not subject to the competitive-solicitation requirements

20  of this section:

21         1.  Artistic services.

22         2.  Academic program reviews.

23         3.  Lectures by individuals.

24         4.  Auditing services.

25         5.  Legal services, including attorney, paralegal,

26  expert witness, appraisal, or mediator services.

27         6.  Health services involving examination, diagnosis,

28  treatment, prevention, medical consultation, or

29  administration.

30         7.  Services provided to persons with mental or

31  physical disabilities by not-for-profit corporations which


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 1  have obtained exemptions under the provisions of s. 501(c)(3)

 2  of the United States Internal Revenue Code or when such

 3  services are governed by the provisions of Office of

 4  Management and Budget Circular A-122. However, in acquiring

 5  such services, the agency shall consider the ability of the

 6  vendor, past performance, willingness to meet time

 7  requirements, and price.

 8         8.  Medicaid services delivered to an eligible Medicaid

 9  recipient by a health care provider who has not previously

10  applied for and received a Medicaid provider number from the

11  Agency for Health Care Administration. However, this exception

12  shall be valid for a period not to exceed 90 days after the

13  date of delivery to the Medicaid recipient and shall not be

14  renewed by the agency.

15         9.  Family placement services.

16         10.  Prevention services related to mental health,

17  including drug abuse prevention programs, child abuse

18  prevention programs, and shelters for runaways, operated by

19  not-for-profit corporations.  However, in acquiring such

20  services, the agency shall consider the ability of the vendor,

21  past performance, willingness to meet time requirements, and

22  price.

23         11.  Training and education services provided to

24  injured employees pursuant to s. 440.491(6) 440.49(1).

25         12.  Contracts entered into pursuant to s. 337.11.

26         13.  Services or commodities provided by governmental

27  agencies.

28  

29         Reviser's note.--Amended to conform to the

30         repeal of s. 440.49(1), relating to

31         rehabilitation, by s. 43, ch. 93-415, Laws of


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 1         Florida, and the enactment of similar language

 2         in s. 440.491(6) by s. 44, ch. 93-415.

 3  

 4         Section 21.  Paragraph (f) of subsection (5) of section

 5  288.1045, Florida Statutes, is amended to read:

 6         288.1045  Qualified defense contractor tax refund

 7  program.--

 8         (5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE

 9  CONTRACTOR.--

10         (f)  Upon approval of the tax refund pursuant to

11  paragraphs (c) and (d), the Chief Financial Officer shall

12  issue a warrant for the amount included in the written order.

13  In the event of any appeal of the written order, the Chief

14  Financial Officer Comptroller may not issue a warrant for a

15  refund to the qualified applicant until the conclusion of all

16  appeals of the written order.

17  

18         Reviser's note.--Amended to conform to the

19         transfer of the duties of the Comptroller to

20         the Chief Financial Officer by Revision No. 8,

21         adopted in 1998, amending s. 4, Art. IV of the

22         State Constitution.

23  

24         Section 22.  Subsection (1) of section 288.31, Florida

25  Statutes, is amended to read:

26         288.31  Armories; financing construction authorized.--

27         (1)  The Division of Bond Finance of the State Board of

28  Administration shall have the power to borrow money and incur

29  obligations by way of bonds, notes, or revenue certificates

30  and issue such obligations for the purpose of financing,

31  either in whole or in part, the construction of armories in


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 1  such counties and municipalities as designated by the State

 2  Armory Board. The authority hereby conferred shall empower the

 3  said division to issue such certificates or bonds for the

 4  financing of the share or portion of the cost to be borne by a

 5  county or municipality when required by the provisions of a

 6  grant of funds from the state or the Federal Government or any

 7  other source, or to authorize the borrowing and issuing of

 8  obligations for financing such an armory in its entirety.

 9  Bonds, notes, or certificates issued hereunder shall be issued

10  in conformity to all the provisions of chapter 215, and the

11  division shall be empowered to fix the rentals or charges to

12  be collected for the purpose of the retirement or purchase of

13  said obligations. The division and the county or municipality

14  shall be empowered to enter into such lease, or leases, as may

15  be necessary to ensure the providing of sufficient funds to

16  retire such obligations and when the said obligations shall

17  have been fully paid, the armory shall be conveyed to the

18  state.  Leases with the county or municipality under the terms

19  of this section shall provide for the control of the building

20  and its use to be vested in the military commander

21  representing the Armory Board in accordance with the

22  provisions of s. 250.40 250.41.

23  

24         Reviser's note.--Amended to conform to the

25         repeal of s. 250.41 by s. 55, ch. 2003-68, Laws

26         of Florida, and the addition of similar

27         material to s. 250.40 by s. 38, ch. 2003-68.

28  

29         Section 23.  Section 296.10, Florida Statutes, is

30  reenacted to read:

31         296.10  Residents; contribution to support.--


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 1         (1)(a)  Each resident of the home who receives a

 2  pension, compensation, or gratuity from the United States

 3  Government, or income from any other source of more than $100

 4  per month, with adjustments in accordance with paragraph (b),

 5  shall contribute to his or her maintenance and support while a

 6  resident of the home in accordance with a schedule of payment

 7  determined by the administrator and approved by the director.

 8  The total amount of such contributions must be to the fullest

 9  extent possible, but may not exceed the actual cost of

10  operating and maintaining the home.

11         (b)  Whenever there is an increase in benefit amounts

12  payable under Title II of the Social Security Act, 42 U.S.C.

13  ss. 401 et seq., as a result of a determination made under s.

14  215(i) of such act, 42 U.S.C. s. 415(i), the administrator

15  shall increase the amount that each resident shall be allowed

16  to retain. The increased amount will be determined by the

17  percentage used to increase the benefits under the Social

18  Security Act, 42 U.S.C. ss. 401 et seq. This first such

19  increase to residents' personal use funds will take place on

20  January 1, 2004, and shall be continued each ensuing year that

21  there is an increase in benefits under the said act.

22         (2)  Notwithstanding subsection (1), each resident who

23  participates in a vocational rehabilitation or work incentive

24  program shall contribute to his or her support in an amount

25  that is determined by the administrator and approved by the

26  director, is computed at 50 percent of the resident's net

27  earnings after taxes and after the setoff of the first $100

28  per month, and does not exceed the cost of care.  The resident

29  is required to authorize the administrator of the home to

30  secure from the employer sufficient information to verify the

31  resident's earnings under the program.


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 1         (3)  The administrator may, if there is room, admit to

 2  residency in the home veterans who have sufficient means for

 3  their own support, but are otherwise eligible to become

 4  residents of the home, on payment of the full cost of their

 5  support, which cost and method of collection shall be fixed by

 6  the administrator.

 7  

 8         Reviser's note.--Section 4, ch. 2003-42, Laws

 9         of Florida, purported to amend s. 296.10 in its

10         entirety, but did not publish subsections (2)

11         and (3). Absent affirmative evidence of

12         legislative intent to repeal subsections (2)

13         and (3), the section is reenacted to confirm

14         that the omission was not intended.

15  

16         Section 24.  Paragraph (e) of subsection (1) of section

17  315.031, Florida Statutes, is amended to read:

18         315.031  Promoting and advertising port facilities.--

19         (1)  Each unit is authorized and empowered:

20         (e)  To enter into agreements with the purchaser or

21  purchasers of port facilities bonds issued under the

22  provisions of this law to establish a special fund to be set

23  aside from the proceeds of the revenues collected under the

24  provisions of s. 315.03(14) 315.03(13), during any fiscal

25  year, for the promotional activities authorized herein.

26  

27  Nothing herein shall be construed to authorize any unit to

28  expend funds for meals, hospitality, amusement or any other

29  purpose of an entertainment nature.

30  

31  


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 1         Reviser's note.--Amended to conform to the

 2         redesignation of subunits of s. 315.03 by s.

 3         66, ch. 2002-20, Laws of Florida.

 4  

 5         Section 25.  Paragraph (b) of subsection (5) of section

 6  316.1937, Florida Statutes, is amended to read:

 7         316.1937  Ignition interlock devices, requiring;

 8  unlawful acts.--

 9         (5)

10         (b)  Any person convicted of a violation of subsection

11  (6) who does not have a driver's license shall, in addition to

12  any other penalty provided by law, pay a fine of not less than

13  $250 or more than $500 per each such violation. In the event

14  that the person is unable to pay any such fine, the fine shall

15  become a lien against the motor vehicle used in violation of

16  subsection (6) and payment shall be made pursuant to s.

17  316.3025(5) 316.3025(4).

18  

19         Reviser's note.--Amended to conform to the

20         redesignation of subunits of s. 316.3025 by s.

21         12, ch. 2003-286, Laws of Florida.

22  

23         Section 26.  Subsection (9) of section 320.02, Florida

24  Statutes, is amended to read:

25         320.02  Registration required; application for

26  registration; forms.--

27         (9)  Before a motor vehicle which has not been

28  manufactured in accordance with the federal Clean Air Act and

29  the federal Motor Vehicle Safety Act can be sold to a consumer

30  and titled and registered in this state, the motor vehicle

31  must be certified by the United States Bureau of Customs and


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 1  Border Protection Customs Service or the United States

 2  Department of Transportation and the United States

 3  Environmental Protection Agency to be in compliance with these

 4  federal standards. A vehicle which is registered pursuant to

 5  this subsection shall not be titled as a new motor vehicle.

 6  

 7         Reviser's note.--Amended to conform to the

 8         redesignation of the United States Customs

 9         Service pursuant to its transfer to the

10         Department of Homeland Security by s. 403, Pub.

11         L. No. 107-296.

12  

13         Section 27.  Paragraph (a) of subsection (1) and

14  paragraphs (b) and (c) of subsection (2) of section 322.051,

15  Florida Statutes, are amended to read:

16         322.051  Identification cards.--

17         (1)  Any person who is 12 years of age or older, or any

18  person who has a disability, regardless of age, who applies

19  for a disabled parking permit under s. 320.0848, may be issued

20  an identification card by the department upon completion of an

21  application and payment of an application fee.

22         (a)  Each such application shall include the following

23  information regarding the applicant:

24         1.  Full name (first, middle or maiden, and last),

25  gender, social security card number, county of residence and

26  mailing address, country of birth, and a brief description.

27         2.  Proof of birth date satisfactory to the department.

28         3.  Proof of identity satisfactory to the department.

29  Such proof must include one of the following documents issued

30  to the applicant:

31  


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 1         a.  A driver's license record or identification card

 2  record from another jurisdiction that required the applicant

 3  to submit a document for identification which is substantially

 4  similar to a document required under sub-subparagraph b.,

 5  sub-subparagraph c., sub-subparagraph d., sub-subparagraph e.,

 6  or sub-subparagraph f.;

 7         b.  A certified copy of a United States birth

 8  certificate;

 9         c.  A valid United States passport;

10         d.  An alien registration receipt card (green card);

11         e.  An employment authorization card issued by the

12  United States Department of Homeland Security Justice; or

13         f.  Proof of nonimmigrant classification provided by

14  the United States Department of Homeland Security Justice, for

15  an original identification card. In order to prove such

16  nonimmigrant classification, applicants may produce but are

17  not limited to the following documents:

18         (I)  A notice of hearing from an immigration court

19  scheduling a hearing on any proceeding.

20         (II)  A notice from the Board of Immigration Appeals

21  acknowledging pendency of an appeal.

22         (III)  Notice of the approval of an application for

23  adjustment of status issued by the United States Bureau of

24  Citizenship and Immigration Services Immigration and

25  Naturalization Service.

26         (IV)  Any official documentation confirming the filing

27  of a petition for asylum status or any other relief issued by

28  the United States Bureau of Citizenship and Immigration

29  Services Immigration and Naturalization Service.

30         (V)  Notice of action transferring any pending matter

31  from another jurisdiction to Florida, issued by the United


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 1  States Bureau of Citizenship and Immigration Services

 2  Immigration and Naturalization Service.

 3         (VI)  Order of an immigration judge or immigration

 4  officer granting any relief that authorizes the alien to live

 5  and work in the United States including, but not limited to

 6  asylum.

 7  

 8  Presentation of any of the foregoing documents shall entitle

 9  the applicant to a driver's license or temporary permit for a

10  period not to exceed the expiration date of the document

11  presented or 2 years, whichever first occurs.

12         (2)

13         (b)  Notwithstanding any other provision of this

14  chapter, if an applicant establishes his or her identity for

15  an identification card using a document authorized under

16  sub-subparagraph (1)(a)3.d. (a)3.d., the identification card

17  shall expire on the fourth birthday of the applicant following

18  the date of original issue or upon first renewal or duplicate

19  issued after implementation of this section. After an initial

20  showing of such documentation, he or she is exempted from

21  having to renew or obtain a duplicate in person.

22         (c)  Notwithstanding any other provisions of this

23  chapter, if an applicant establishes his or her identity for

24  an identification card using an identification document

25  authorized under sub-subparagraphs (1)(a)3.e.-f. (a)3.e.-f.,

26  the identification card shall expire 2 years after the date of

27  issuance or upon the expiration date cited on the United

28  States Department of Homeland Security Justice documents,

29  whichever date first occurs, and may not be renewed or obtain

30  a duplicate except in person.

31  


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 1         Reviser's note.--Paragraphs (1)(a) and (2)(c)

 2         are amended to conform to the redesignation of

 3         the Immigration and Naturalization Service

 4         pursuant to its transfer from the Department of

 5         Justice to the Department of Homeland Security

 6         by s. 451, Pub. L. No. 107-296. Paragraphs

 7         (2)(b) and (c) are amended to reference

 8         contextually consistent material; the

 9         referenced sub-subparagraphs do not exist.

10  

11         Section 28.  Paragraph (c) of subsection (2) of section

12  322.08, Florida Statutes, is amended to read:

13         322.08  Application for license.--

14         (2)  Each such application shall include the following

15  information regarding the applicant:

16         (c)  Proof of identity satisfactory to the department.

17  Such proof must include one of the following documents issued

18  to the applicant:

19         1.  A driver's license record or identification card

20  record from another jurisdiction that required the applicant

21  to submit a document for identification which is substantially

22  similar to a document required under subparagraph 2.,

23  subparagraph 3., subparagraph 4., subparagraph 5., or

24  subparagraph 6.;

25         2.  A certified copy of a United States birth

26  certificate;

27         3.  A valid United States passport;

28         4.  An alien registration receipt card (green card);

29         5.  An employment authorization card issued by the

30  United States Department of Homeland Security Justice; or

31  


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 1         6.  Proof of nonimmigrant classification provided by

 2  the United States Department of Homeland Security Justice.

 3  

 4         Reviser's note.--Amended to conform to the

 5         transfer of the Immigration and Naturalization

 6         Service of the Department of Justice to the

 7         Department of Homeland Security by s. 451, Pub.

 8         L. No. 107-296.

 9  

10         Section 29.  Paragraph (b) of subsection (1) of section

11  322.09, Florida Statutes, is amended to read:

12         322.09  Application of minors; responsibility for

13  negligence or misconduct of minor.--

14         (1)

15         (b)  There shall be submitted with each application a

16  certified copy of a United States birth certificate, a valid

17  United States passport, an alien registration receipt card

18  (green card), an employment authorization card issued by the

19  United States Department of Homeland Security Justice, or

20  proof of nonimmigrant classification provided by the United

21  States Department of Homeland Security Justice, for an

22  original license.

23  

24         Reviser's note.--Amended to conform to the

25         transfer of the Immigration and Naturalization

26         Service of the Department of Justice to the

27         Department of Homeland Security by s. 451, Pub.

28         L. No. 107-296.

29  

30  

31  


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 1         Section 30.  Paragraph (d) of subsection (2) and

 2  paragraph (c) of subsection (4) of section 322.18, Florida

 3  Statutes, are amended to read:

 4         322.18  Original applications, licenses, and renewals;

 5  expiration of licenses; delinquent licenses.--

 6         (2)  Each applicant who is entitled to the issuance of

 7  a driver's license, as provided in this section, shall be

 8  issued a driver's license, as follows:

 9         (d)  Notwithstanding any other provision of this

10  chapter, if applicant establishes his or her identity for a

11  driver's license using a document authorized in s.

12  322.08(2)(c)5. or 6., the driver's license shall expire 4

13  years after the date of issuance or upon the expiration date

14  cited on the United States Department of Homeland Security

15  Justice documents, whichever date first occurs.

16         (4)

17         (c)  Notwithstanding any other provision of this

18  chapter, if a licensee establishes his or her identity for a

19  driver's license using an identification document authorized

20  under s. 322.08(2)(c)5. or 6., the licensee may not renew the

21  driver's license except in person and upon submission of an

22  identification document authorized under s. 322.08(2)(c)4.-6.

23  A driver's license renewed under this paragraph expires 4

24  years after the date of issuance or upon the expiration date

25  cited on the United States Department of Homeland Security

26  Justice documents, whichever date first occurs.

27  

28         Reviser's note.--Amended to conform to the

29         transfer of the Immigration and Naturalization

30         Service of the Department of Justice to the

31  


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 1         Department of Homeland Security by s. 451, Pub.

 2         L. No. 107-296.

 3  

 4         Section 31.  Paragraph (a) of subsection (5) of section

 5  332.004, Florida Statutes, is amended to read:

 6         332.004  Definitions of terms used in ss.

 7  332.003-332.007.--As used in ss. 332.003-332.007, the term:

 8         (5)  "Airport or aviation discretionary capacity

 9  improvement projects" or "discretionary capacity improvement

10  projects" means capacity improvements which are consistent, to

11  the maximum extent feasible, with the approved local

12  government comprehensive plans of the units of local

13  government in which the airport is located, and which enhance

14  intercontinental capacity at airports which:

15         (a)  Are international airports with United States

16  Bureau of Customs and Border Protection Customs Service;

17  

18         Reviser's note.--Amended to conform to the

19         redesignation of the United States Customs

20         Service pursuant to its transfer to the

21         Department of Homeland Security by s. 403, Pub.

22         L. No. 107-296.

23  

24         Section 32.  Subsection (5) of section 341.301, Florida

25  Statutes, is amended to read:

26         341.301  Definitions; ss. 341.302 and 341.303.--As used

27  in ss. 341.302 and 341.303, the term:

28         (5)  "Railroad" or "rail system" means any common

29  carrier fixed-guideway transportation system such as the

30  conventional steel rail-supported, steel-wheeled system.  The

31  term does not include a high-speed rail line developed by the


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 1  Department of Transportation pursuant to ss. 341.8201-341.842

 2  341.321-341.386.

 3  

 4         Reviser's note.--Amended to conform to the

 5         repeal of ss. 341.321-341.386, the Florida

 6         High-Speed Rail Transportation Act, by s. 55,

 7         ch. 2002-20, Laws of Florida, and the creation

 8         of ss. 341.8201-341.842, the Florida High-Speed

 9         Rail Authority Act, by ss. 28-50, ch. 2002-20.

10  

11         Section 33.  Subsection (1) of section 369.255, Florida

12  Statutes, is amended to read:

13         369.255  Green utility ordinances for funding

14  greenspace management and exotic plant control.--

15         (1)  LEGISLATIVE FINDING.--The Legislature finds that

16  the proper management of greenspace areas, including, without

17  limitation, the urban forest, greenways, private and public

18  forest preserves, wetlands, and aquatic zones, is essential to

19  the state's environment and economy and to the health and

20  safety of its residents and visitors. The Legislature also

21  finds that the limitation and control of nonindigenous plants

22  and tree replacement and maintenance are vital to achieving

23  the natural systems and recreational lands goals and policies

24  of the state pursuant to s. 187.201(9) 187.201(10), the State

25  Comprehensive Plan. It is the intent of this section to enable

26  local governments to establish a mechanism to provide

27  dedicated funding for the aforementioned activities, when

28  deemed necessary by a county or municipality.

29  

30         Reviser's note.--Amended to conform to the

31         redesignation of subunits of s. 187.201


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 1         necessitated by the repeal of s. 187.201(1) by

 2         s. 1056, ch. 2002-387, Laws of Florida.

 3  

 4         Section 34.  Subsections (17) and (21) of section

 5  370.01, Florida Statutes, are amended to read:

 6         370.01  Definitions.--In construing these statutes,

 7  where the context does not clearly indicate otherwise, the

 8  word, phrase, or term:

 9         (17)  "Nonresident alien" shall mean those individuals

10  from other nations who can provide documentation from the

11  Bureau of Citizenship and Immigration Services Immigration and

12  Naturalization Service evidencing permanent residency status

13  in the United States. For the purposes of this chapter, a

14  "nonresident alien" shall be considered a "nonresident."

15         (21)  "Resident alien" shall mean those persons who

16  have continuously resided in this state for at least 1 year

17  and 6 months in the county and can provide documentation from

18  the Bureau of Citizenship and Immigration Services Immigration

19  and Naturalization Service evidencing permanent residency

20  status in the United States. For the purposes of this chapter,

21  a "resident alien" shall be considered a "resident."

22  

23         Reviser's note.--Amended to conform to the

24         redesignation of the Immigration and

25         Naturalization Service pursuant to its transfer

26         to the Department of Homeland Security by s.

27         451, Pub. L. No. 107-296.

28  

29         Section 35.  Subsection (16) of section 372.001,

30  Florida Statutes, is amended to read:

31  


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 1         372.001  Definitions.--In construing these statutes,

 2  when applied to saltwater and freshwater fish, shellfish,

 3  crustacea, sponges, wild birds, and wild animals, where the

 4  context permits, the word, phrase, or term:

 5         (16)  "Saltwater fish" means any saltwater species of

 6  finfish of the classes Agnatha, Chondrichthyes, or

 7  Osteichthyes and marine invertebrates that of the classes

 8  Gastropoda, Bivalvia, or Crustacea, or of the phylum

 9  Echinodermata, but does not include nonliving shells or

10  echinoderms.

11  

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

13  

14         Section 36.  Paragraph (b) of subsection (1) of section

15  373.0421, Florida Statutes, is amended to read:

16         373.0421  Establishment and implementation of minimum

17  flows and levels.--

18         (1)  ESTABLISHMENT.--

19         (b)  Exclusions.--

20         1.  The Legislature recognizes that certain water

21  bodies no longer serve their historical hydrologic functions.

22  The Legislature also recognizes that recovery of these water

23  bodies to historical hydrologic conditions may not be

24  economically or technically feasible, and that such recovery

25  effort could cause adverse environmental or hydrologic

26  impacts.  Accordingly, the department or governing board may

27  determine that setting a minimum flow or level for such a

28  water body based on its historical condition is not

29  appropriate.

30         2.  The department or the governing board is not

31  required to establish minimum flows or levels pursuant to s.


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 1  373.042 for surface water bodies less than 25 acres in area,

 2  unless the water body or bodies, individually or cumulatively,

 3  have significant economic, environmental, or hydrologic value.

 4         3.  The department or the governing board shall not set

 5  minimum flows or levels pursuant to s. 373.042 for surface

 6  water bodies constructed prior to the requirement for a

 7  permit, or pursuant to an exemption, a permit, or a

 8  reclamation plan which regulates the size, depth, or function

 9  of the surface water body under the provisions of this

10  chapter, chapter 378, or chapter 403, unless the constructed

11  surface water body is of significant hydrologic value or is an

12  essential element of the water resources of the area.

13  

14  The exclusions of this paragraph shall not apply to the

15  Everglades Protection Area, as defined in s. 373.4592(2)(i)

16  373.4592(2)(h).

17  

18         Reviser's note.--Amended to conform to the

19         redesignation of subunits of s. 373.4592 by s.

20         1, ch. 2003-12, Laws of Florida.

21  

22         Section 37.  Section 373.45922, Florida Statutes, is

23  amended to read:

24         373.45922  South Florida Water Management District;

25  permit for completion of Everglades Construction Project;

26  report.--Within 60 days after receipt of any permit issued

27  pursuant to s. 404 of the Clean Water Act, 33 U.S.C. s. 1344,

28  for the completion of the Everglades Construction Project, as

29  defined by s. 373.4592(2)(g) 373.4592(2)(f), the South Florida

30  Water Management District shall submit a report to the

31  Governor, the President of the Senate, and the Speaker of the


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 1  House of Representatives that details the differences between

 2  the permit and the Everglades Program as defined by s.

 3  373.4592(2)(h) 373.4592(2)(g) and identifies any changes to

 4  the schedule or funding for the Everglades Program that result

 5  from the permit. The South Florida Water Management District

 6  shall include in the report a complete chronological record of

 7  any negotiations related to conditions included in the permit.

 8  Such record shall be documented by inclusion of all relevant

 9  correspondence in the report. If any condition of the permit

10  affects the schedule or costs of the Everglades Construction

11  Project, the South Florida Water Management District shall

12  include in the report a detailed explanation of why the

13  condition was imposed and a detailed analysis of whether the

14  condition would promote or hinder the progress of the project.

15  

16         Reviser's note.--Amended to conform to the

17         redesignation of subunits of s. 373.4592 by s.

18         1, ch. 2003-12, Laws of Florida.

19  

20         Section 38.  Subsection (3) of section 381.06014,

21  Florida Statutes, is amended to read:

22         381.06014  Blood establishments.--

23         (3)  Any blood establishment determined to be operating

24  in the state in a manner not consistent with the provisions of

25  Title 21 parts 211 and 600-640, Code of Federal Regulations,

26  and in a manner that constitutes a danger to the health or

27  well-being of donors or recipients as evidenced by the federal

28  Food and Drug Administration's inspection reports and the

29  revocation of the blood establishment's license or

30  registration shall be in violation of this chapter part and

31  shall immediately cease all operations in the state.


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 1         Reviser's note.--Amended to conform to the

 2         arrangement of chapter 381, which is not

 3         divided into parts.

 4  

 5         Section 39.  Subsection (2) of section 391.029, Florida

 6  Statutes, is amended to read:

 7         391.029  Program eligibility.--

 8         (2)  The following individuals are financially eligible

 9  for the program:

10         (a)  A high-risk pregnant female who is eligible for

11  Medicaid.

12         (b)  A child with special health care needs from birth

13  to age 21 years who is eligible for Medicaid.

14         (c)  A child with special health care needs from birth

15  to age 19 years who is eligible for a program under Title XXI

16  of the Social Security Act.

17         (d)  A child with special health care needs from birth

18  to age 21 years whose projected annual cost of care adjusts

19  the family income to Medicaid financial criteria.  In cases

20  where the family income is adjusted based on a projected

21  annual cost of care, the family shall participate financially

22  in the cost of care based on criteria established by the

23  department.

24         (e)  A child with special health care needs as defined

25  in Title V of the Social Security Act relating to children

26  with special health care needs.

27         (f)  An infant who receives an award of compensation

28  under s. 766.31(1). The Florida Birth-Related Neurological

29  Injury Compensation Association shall reimburse the Children's

30  Medical Services Network the state's share of funding, which

31  


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 1  must thereafter be used to obtain matching federal funds under

 2  Title XXI of the Social Security Act.

 3  

 4  The department may continue to serve certain children with

 5  special health care needs who are 21 years of age or older and

 6  who were receiving services from the program prior to April 1,

 7  1998.  Such children may be served by the department until

 8  July 1, 2000.

 9  

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

11         that has served its purpose.

12  

13         Section 40.  Section 393.0657, Florida Statutes, is

14  amended to read:

15         393.0657  Persons not required to be refingerprinted or

16  rescreened.--Any provision of law to the contrary

17  notwithstanding, human resource personnel who have been

18  fingerprinted or screened pursuant to chapters 393, 394, 397,

19  402, and 409, and teachers who have been fingerprinted

20  pursuant to chapter 1012, who have not been unemployed for

21  more than 90 days thereafter, and who under the penalty of

22  perjury attest to the completion of such fingerprinting or

23  screening and to compliance with the provisions of this

24  section and the standards for good moral character as

25  contained in such provisions as ss. 110.1127(3), 393.0655(1),

26  394.457(6), 397.451, 402.305(2), and 409.175(6) 409.175(5),

27  shall not be required to be refingerprinted or rescreened in

28  order to comply with any direct service provider screening or

29  fingerprinting requirements.

30  

31  


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 1         Reviser's note.--Amended to conform to the

 2         redesignation of s. 409.175(5) as s. 409.175(6)

 3         by s. 6, ch. 2002-219, Laws of Florida.

 4  

 5         Section 41.  Subsection (9) of section 394.741, Florida

 6  Statutes, is repealed, and subsection (6) of that section is

 7  amended to read:

 8         394.741  Accreditation requirements for providers of

 9  behavioral health care services.--

10         (6)  The department or agency, by accepting the survey

11  or inspection of an accrediting organization, does not forfeit

12  its rights to monitor for the purpose of ensuring that

13  services for which the department has paid were provided. The

14  department may investigate complaints or suspected problems

15  and to monitor the provider's compliance with negotiated terms

16  and conditions, including provisions relating to consent

17  decrees, which are unique to a specific contract and are not

18  statements of general applicability. The department may

19  monitor compliance with federal and state statutes, federal

20  regulations, or state administrative rules, if such monitoring

21  does not duplicate the review of accreditation standards or

22  independent audits pursuant to subsections (3) and (8).

23  

24         Reviser's note.--Subsection (6) is amended to

25         improve clarity. Subsection (9) is repealed to

26         delete obsolete material requiring two reports

27         due January 1, 2003.

28  

29         Section 42.  Paragraphs (a), (b), and (e) of subsection

30  (4) of section 394.9082, Florida Statutes, are amended to

31  read:


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 1         394.9082  Behavioral health service delivery

 2  strategies.--

 3         (4)  CONTRACT FOR SERVICES.--

 4         (a)  The Department of Children and Family Services and

 5  the Agency for Health Care Administration may contract for the

 6  provision or management of behavioral health services with a

 7  managing entity in at least two geographic areas. Both the

 8  Department of Children and Family Services and the Agency for

 9  Health Care Administration must contract with the same

10  managing entity in any distinct geographic area where the

11  strategy operates. This managing entity shall be accountable

12  at a minimum for the delivery of behavioral health services

13  specified and funded by the department and the agency. The

14  geographic area must be of sufficient size in population and

15  have enough public funds for behavioral health services to

16  allow for flexibility and maximum efficiency. Notwithstanding

17  the provisions of s. 409.912(4)(b)1. 409.912(3)(b)1. and 2.,

18  at least one service delivery strategy must be in one of the

19  service districts in the catchment area of G. Pierce Wood

20  Memorial Hospital.

21         (b)  Under one of the service delivery strategies, the

22  Department of Children and Family Services may contract with a

23  prepaid mental health plan that operates under s. 409.912 to

24  be the managing entity. Under this strategy, the Department of

25  Children and Family Services is not required to competitively

26  procure those services and, notwithstanding other provisions

27  of law, may employ prospective payment methodologies that the

28  department finds are necessary to improve client care or

29  institute more efficient practices. The Department of Children

30  and Family Services may employ in its contract any provision

31  of the current prepaid behavioral health care plan authorized


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 1  under s. 409.912(4)(a) and (b) 409.912(3)(a) and (b), or any

 2  other provision necessary to improve quality, access,

 3  continuity, and price. Any contracts under this strategy in

 4  Area 6 of the Agency for Health Care Administration or in the

 5  prototype region under s. 20.19(7) of the Department of

 6  Children and Family Services may be entered with the existing

 7  substance abuse treatment provider network if an

 8  administrative services organization is part of its network.

 9  In Area 6 of the Agency for Health Care Administration or in

10  the prototype region of the Department of Children and Family

11  Services, the Department of Children and Family Services and

12  the Agency for Health Care Administration may employ

13  alternative service delivery and financing methodologies,

14  which may include prospective payment for certain population

15  groups.  The population groups that are to be provided these

16  substance abuse services would include at a minimum:

17  individuals and families receiving family safety services;

18  Medicaid-eligible children, adolescents, and adults who are

19  substance-abuse-impaired; or current recipients and persons at

20  risk of needing cash assistance under Florida's welfare reform

21  initiatives.

22         (e)  The cost of the managing entity contract shall be

23  funded through a combination of funds from the Department of

24  Children and Family Services and the Agency for Health Care

25  Administration. To operate the managing entity, the Department

26  of Children and Family Services and the Agency for Health Care

27  Administration may not expend more than 10 percent of the

28  annual appropriations for mental health and substance abuse

29  treatment services prorated to the geographic areas and must

30  include all behavioral health Medicaid funds, including

31  psychiatric inpatient funds. This restriction does not apply


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 1  to a prepaid behavioral health plan that is authorized under

 2  s. 409.912(4)(a) and (b) 409.912(3)(a) and (b).

 3  

 4         Reviser's note.--Paragraph (4)(a) is amended to

 5         conform to the redesignation of s.

 6         409.912(3)(b)1. as s. 409.912(4)(b)1. and the

 7         deletion of s. 409.912(3)(b)2. by s. 9, ch.

 8         2003-279, Laws of Florida. Paragraphs (4)(b)

 9         and (e) are amended to conform to the

10         redesignation of s. 409.912(3)(a) and (b) as s.

11         409.912(4)(a) and (b) by s. 9, ch. 2003-279.

12  

13         Section 43.  Subsection (2) of section 394.917, Florida

14  Statutes, is amended to read:

15         394.917  Determination; commitment procedure;

16  mistrials; housing; counsel and costs in indigent appellate

17  cases.--

18         (2)  If the court or jury determines that the person is

19  a sexually violent predator, upon the expiration of the

20  incarcerative portion of all criminal sentences and

21  disposition of any detainers other than detainers for

22  deportation by the United States Bureau of Citizenship and

23  Immigration Services Immigration and Naturalization Service,

24  the person shall be committed to the custody of the Department

25  of Children and Family Services for control, care, and

26  treatment until such time as the person's mental abnormality

27  or personality disorder has so changed that it is safe for the

28  person to be at large. At all times, persons who are detained

29  or committed under this part shall be kept in a secure

30  facility segregated from patients of the department who are

31  not detained or committed under this part.


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 1         Reviser's note.--Amended to conform to the

 2         redesignation of the Immigration and

 3         Naturalization Service pursuant to its transfer

 4         to the Department of Homeland Security by s.

 5         451, Pub. L. No. 107-296.

 6  

 7         Section 44.  Subsection (3) of section 400.0075,

 8  Florida Statutes, is amended to read:

 9         400.0075  Complaint resolution procedures.--

10         (3)  The state ombudsman council shall provide, as part

11  of its annual report required pursuant to s. 400.0067(2)(f)

12  400.0067(2)(g), information relating to the disposition of all

13  complaints to the Department of Elderly Affairs.

14  

15         Reviser's note.--Amended to conform to the

16         redesignation of s. 400.0067(2)(g) as s.

17         400.0067(2)(f) by s. 22, ch. 2002-223, Laws of

18         Florida.

19  

20         Section 45.  Section 402.3057, Florida Statutes, is

21  amended to read:

22         402.3057  Persons not required to be refingerprinted or

23  rescreened.--Any provision of law to the contrary

24  notwithstanding, human resource personnel who have been

25  fingerprinted or screened pursuant to chapters 393, 394, 397,

26  402, and 409, and teachers and noninstructional personnel who

27  have been fingerprinted pursuant to chapter 1012, who have not

28  been unemployed for more than 90 days thereafter, and who

29  under the penalty of perjury attest to the completion of such

30  fingerprinting or screening and to compliance with the

31  provisions of this section and the standards for good moral


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 1  character as contained in such provisions as ss. 110.1127(3),

 2  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6)

 3  409.175(5), shall not be required to be refingerprinted or

 4  rescreened in order to comply with any caretaker screening or

 5  fingerprinting requirements.

 6  

 7         Reviser's note.--Amended to conform to the

 8         redesignation of s. 409.175(5) as s. 409.175(6)

 9         by s. 6, ch. 2002-219, Laws of Florida.

10  

11         Section 46.  Paragraph (a) of subsection (2) of section

12  403.7192, Florida Statutes, is amended to read:

13         403.7192  Batteries; requirements for consumer,

14  manufacturers, and sellers; penalties.--

15         (2)(a)  A person may not distribute, sell, or offer for

16  sale in this state an alkaline-manganese or zinc-carbon

17  battery that contains more than 0.025 percent mercury by

18  weight. A person may not distribute, sell, or offer for sale

19  in this state an alkaline-manganese or zinc-carbon battery

20  that contains any intentionally introduced mercury and more

21  than 0.0004 percent mercury by weight.

22  

23         Reviser's note.--Amended to delete language

24         that has served its purpose. The deleted

25         language only applied between July 1, 1993, and

26         January 1, 1996, as enacted by s. 29, ch.

27         93-207, Laws of Florida.

28  

29         Section 47.  Paragraph (b) of subsection (1) of section

30  404.20, Florida Statutes, is amended to read:

31         404.20  Transportation of radioactive materials.--


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 1         (1)  The department shall adopt reasonable rules

 2  governing the transportation of radioactive materials which,

 3  in the judgment of the department, will promote the public

 4  health, safety, or welfare and protect the environment.

 5         (b)  Such rules shall be compatible with, but no less

 6  restrictive than, those established by the United States

 7  Nuclear Regulatory Commission, the United States Federal

 8  Aviation Administration Agency, the United States Department

 9  of Transportation, the United States Coast Guard, or the

10  United States Postal Service.

11  

12         Reviser's note.--Amended to conform to the

13         correct title of the United States Federal

14         Aviation Administration.

15  

16         Section 48.  Paragraph (a) of subsection (3) of section

17  409.017, Florida Statutes, is amended to read:

18         409.017  Local Funding Revenue Maximization Act;

19  legislative intent; revenue maximization program.--

20         (3)  REVENUE MAXIMIZATION PROGRAM.--

21         (a)  For purposes of this section, the term "agency"

22  means any state agency or department that is involved in

23  providing health, social, or human services, including, but

24  not limited to, the Agency for Health Care Administration, the

25  Agency for Workforce Innovation, the Department of Children

26  and Family Services, the Department of Elderly Affairs, the

27  Department of Juvenile Justice, and the State Florida Board of

28  Education.

29  

30  

31  


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 1         Reviser's note.--Amended to conform to the

 2         correct title of the State Board of Education

 3         as established by s. 1001.01.

 4  

 5         Section 49.  Paragraphs (g), (h), and (j) of subsection

 6  (1) of section 409.1671, Florida Statutes, are amended to

 7  read:

 8         409.1671  Foster care and related services;

 9  privatization.--

10         (1)

11         (g)  In any county in which a service contract has not

12  been executed by December 31, 2004, the department shall

13  ensure access to a model comprehensive residential services

14  program as described in s. 409.1677 which, without imposing

15  undue financial, geographic, or other barriers, ensures

16  reasonable and appropriate participation by the family in the

17  child's program.

18         1.  In order to ensure that the program is operational

19  by December 31, 2004, the department must, by December 31,

20  2003, begin the process of establishing access to a program in

21  any county in which the department has not either entered into

22  a transition contract or approved a community plan, as

23  described in paragraph (d), which ensures full privatization

24  by the statutory deadline.

25         2.  The program must be procured through a competitive

26  process.

27         3.  The Legislature does not intend for the provisions

28  of this paragraph to substitute for the requirement that full

29  conversion to community-based care be accomplished.

30         (h)  Other than an entity to which s. 768.28 applies,

31  any eligible lead community-based provider, as defined in


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 1  paragraph (e) (c), or its employees or officers, except as

 2  otherwise provided in paragraph (i) (g), must, as a part of

 3  its contract, obtain a minimum of $1 million per claim/$3

 4  million per incident in general liability insurance coverage.

 5  The eligible lead community-based provider must also require

 6  that staff who transport client children and families in their

 7  personal automobiles in order to carry out their job

 8  responsibilities obtain minimum bodily injury liability

 9  insurance in the amount of $100,000 per claim, $300,000 per

10  incident, on their personal automobiles. In any tort action

11  brought against such an eligible lead community-based provider

12  or employee, net economic damages shall be limited to $1

13  million per liability claim and $100,000 per automobile claim,

14  including, but not limited to, past and future medical

15  expenses, wage loss, and loss of earning capacity, offset by

16  any collateral source payment paid or payable. In any tort

17  action brought against such an eligible lead community-based

18  provider, noneconomic damages shall be limited to $200,000 per

19  claim. A claims bill may be brought on behalf of a claimant

20  pursuant to s. 768.28 for any amount exceeding the limits

21  specified in this paragraph. Any offset of collateral source

22  payments made as of the date of the settlement or judgment

23  shall be in accordance with s. 768.76. The lead

24  community-based provider shall not be liable in tort for the

25  acts or omissions of its subcontractors or the officers,

26  agents, or employees of its subcontractors.

27         (j)  Any subcontractor of an eligible lead

28  community-based provider, as defined in paragraph (e) (c),

29  which is a direct provider of foster care and related services

30  to children and families, and its employees or officers,

31  except as otherwise provided in paragraph (i) (g), must, as a


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 1  part of its contract, obtain a minimum of $1 million per

 2  claim/$3 million per incident in general liability insurance

 3  coverage. The subcontractor of an eligible lead

 4  community-based provider must also require that staff who

 5  transport client children and families in their personal

 6  automobiles in order to carry out their job responsibilities

 7  obtain minimum bodily injury liability insurance in the amount

 8  of $100,000 per claim, $300,000 per incident, on their

 9  personal automobiles. In any tort action brought against such

10  subcontractor or employee, net economic damages shall be

11  limited to $1 million per liability claim and $100,000 per

12  automobile claim, including, but not limited to, past and

13  future medical expenses, wage loss, and loss of earning

14  capacity, offset by any collateral source payment paid or

15  payable. In any tort action brought against such

16  subcontractor, noneconomic damages shall be limited to

17  $200,000 per claim. A claims bill may be brought on behalf of

18  a claimant pursuant to s. 768.28 for any amount exceeding the

19  limits specified in this paragraph. Any offset of collateral

20  source payments made as of the date of the settlement or

21  judgment shall be in accordance with s. 768.76.

22  

23         Reviser's note.--Amended to conform to the

24         redesignation of subunits of s. 409.1671 by s.

25         7, ch. 2003-146, Laws of Florida.

26  

27         Section 50.  Section 409.1757, Florida Statutes, is

28  amended to read:

29         409.1757  Persons not required to be refingerprinted or

30  rescreened.--Any provision of law to the contrary

31  notwithstanding, human resource personnel who have been


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 1  fingerprinted or screened pursuant to chapters 393, 394, 397,

 2  402, and this chapter, and teachers who have been

 3  fingerprinted pursuant to chapter 1012, who have not been

 4  unemployed for more than 90 days thereafter, and who under the

 5  penalty of perjury attest to the completion of such

 6  fingerprinting or screening and to compliance with the

 7  provisions of this section and the standards for good moral

 8  character as contained in such provisions as ss. 110.1127(3),

 9  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6)

10  409.175(5), shall not be required to be refingerprinted or

11  rescreened in order to comply with any caretaker screening or

12  fingerprinting requirements.

13  

14         Reviser's note.--Amended to conform to the

15         redesignation of s. 409.175(5) as s. 409.175(6)

16         by s. 6, ch. 2002-219, Laws of Florida.

17  

18         Section 51.  Subsection (6) of section 409.904, Florida

19  Statutes, is repealed.

20  

21         Reviser's note.--Subsection (6), which relates

22         to eligibility for certain Medicaid payments by

23         specified children born before October 1, 1983,

24         who have not yet attained the age of 19, is

25         obsolete.

26  

27         Section 52.  Paragraph (a) of subsection (4) of section

28  409.9065, Florida Statutes, is amended to read:

29         409.9065  Pharmaceutical expense assistance.--

30         (4)  ADMINISTRATION.--The pharmaceutical expense

31  assistance program shall be administered by the agency, in


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 1  collaboration with the Department of Elderly Affairs and the

 2  Department of Children and Family Services.

 3         (a)  The agency shall, by rule, establish for the

 4  pharmaceutical expense assistance program eligibility

 5  requirements; limits on participation; benefit limitations,

 6  including copayments; a requirement for generic drug

 7  substitution; and other program parameters comparable to those

 8  of the Medicaid program. Individuals eligible to participate

 9  in this program are not subject to the limit of four brand

10  name drugs per month per recipient as specified in s.

11  409.912(40)(a) 409.912(38)(a). There shall be no monetary

12  limit on prescription drugs purchased with discounts of less

13  than 51 percent unless the agency determines there is a risk

14  of a funding shortfall in the program. If the agency

15  determines there is a risk of a funding shortfall, the agency

16  may establish monetary limits on prescription drugs which

17  shall not be less than $160 worth of prescription drugs per

18  month.

19  

20         Reviser's note.--Amended to conform to the

21         redesignation of s. 409.912(38)(a) as s.

22         409.912(40)(a) by s. 9, ch. 2003-279, Laws of

23         Florida.

24  

25         Section 53.  Section 409.908, Florida Statutes, is

26  amended to read:

27         409.908  Reimbursement of Medicaid providers.--Subject

28  to specific appropriations, the agency shall reimburse

29  Medicaid providers, in accordance with state and federal law,

30  according to methodologies set forth in the rules of the

31  agency and in policy manuals and handbooks incorporated by


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 1  reference therein.  These methodologies may include fee

 2  schedules, reimbursement methods based on cost reporting,

 3  negotiated fees, competitive bidding pursuant to s. 287.057,

 4  and other mechanisms the agency considers efficient and

 5  effective for purchasing services or goods on behalf of

 6  recipients. If a provider is reimbursed based on cost

 7  reporting and submits a cost report late and that cost report

 8  would have been used to set a lower reimbursement rate for a

 9  rate semester, then the provider's rate for that semester

10  shall be retroactively calculated using the new cost report,

11  and full payment at the recalculated rate shall be effected

12  affected retroactively. Medicare-granted extensions for filing

13  cost reports, if applicable, shall also apply to Medicaid cost

14  reports. Payment for Medicaid compensable services made on

15  behalf of Medicaid eligible persons is subject to the

16  availability of moneys and any limitations or directions

17  provided for in the General Appropriations Act or chapter 216.

18  Further, nothing in this section shall be construed to prevent

19  or limit the agency from adjusting fees, reimbursement rates,

20  lengths of stay, number of visits, or number of services, or

21  making any other adjustments necessary to comply with the

22  availability of moneys and any limitations or directions

23  provided for in the General Appropriations Act, provided the

24  adjustment is consistent with legislative intent.

25         (1)  Reimbursement to hospitals licensed under part I

26  of chapter 395 must be made prospectively or on the basis of

27  negotiation.

28         (a)  Reimbursement for inpatient care is limited as

29  provided for in s. 409.905(5), except for:

30         1.  The raising of rate reimbursement caps, excluding

31  rural hospitals.


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 1         2.  Recognition of the costs of graduate medical

 2  education.

 3         3.  Other methodologies recognized in the General

 4  Appropriations Act.

 5         4.  Hospital inpatient rates shall be reduced by 6

 6  percent effective July 1, 2001, and restored effective April

 7  1, 2002.

 8  

 9  During the years funds are transferred from the Department of

10  Health, any reimbursement supported by such funds shall be

11  subject to certification by the Department of Health that the

12  hospital has complied with s. 381.0403. The agency is

13  authorized to receive funds from state entities, including,

14  but not limited to, the Department of Health, local

15  governments, and other local political subdivisions, for the

16  purpose of making special exception payments, including

17  federal matching funds, through the Medicaid inpatient

18  reimbursement methodologies. Funds received from state

19  entities or local governments for this purpose shall be

20  separately accounted for and shall not be commingled with

21  other state or local funds in any manner. The agency may

22  certify all local governmental funds used as state match under

23  Title XIX of the Social Security Act, to the extent that the

24  identified local health care provider that is otherwise

25  entitled to and is contracted to receive such local funds is

26  the benefactor under the state's Medicaid program as

27  determined under the General Appropriations Act and pursuant

28  to an agreement between the Agency for Health Care

29  Administration and the local governmental entity. The local

30  governmental entity shall use a certification form prescribed

31  by the agency. At a minimum, the certification form shall


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 1  identify the amount being certified and describe the

 2  relationship between the certifying local governmental entity

 3  and the local health care provider. The agency shall prepare

 4  an annual statement of impact which documents the specific

 5  activities undertaken during the previous fiscal year pursuant

 6  to this paragraph, to be submitted to the Legislature no later

 7  than January 1, annually.

 8         (b)  Reimbursement for hospital outpatient care is

 9  limited to $1,500 per state fiscal year per recipient, except

10  for:

11         1.  Such care provided to a Medicaid recipient under

12  age 21, in which case the only limitation is medical

13  necessity.

14         2.  Renal dialysis services.

15         3.  Other exceptions made by the agency.

16  

17  The agency is authorized to receive funds from state entities,

18  including, but not limited to, the Department of Health, the

19  Board of Regents, local governments, and other local political

20  subdivisions, for the purpose of making payments, including

21  federal matching funds, through the Medicaid outpatient

22  reimbursement methodologies. Funds received from state

23  entities and local governments for this purpose shall be

24  separately accounted for and shall not be commingled with

25  other state or local funds in any manner.

26         (c)  Hospitals that provide services to a

27  disproportionate share of low-income Medicaid recipients, or

28  that participate in the regional perinatal intensive care

29  center program under chapter 383, or that participate in the

30  statutory teaching hospital disproportionate share program may

31  receive additional reimbursement. The total amount of payment


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 1  for disproportionate share hospitals shall be fixed by the

 2  General Appropriations Act. The computation of these payments

 3  must be made in compliance with all federal regulations and

 4  the methodologies described in ss. 409.911, 409.9112, and

 5  409.9113.

 6         (d)  The agency is authorized to limit inflationary

 7  increases for outpatient hospital services as directed by the

 8  General Appropriations Act.

 9         (2)(a)1.  Reimbursement to nursing homes licensed under

10  part II of chapter 400 and state-owned-and-operated

11  intermediate care facilities for the developmentally disabled

12  licensed under chapter 393 must be made prospectively.

13         2.  Unless otherwise limited or directed in the General

14  Appropriations Act, reimbursement to hospitals licensed under

15  part I of chapter 395 for the provision of swing-bed nursing

16  home services must be made on the basis of the average

17  statewide nursing home payment, and reimbursement to a

18  hospital licensed under part I of chapter 395 for the

19  provision of skilled nursing services must be made on the

20  basis of the average nursing home payment for those services

21  in the county in which the hospital is located. When a

22  hospital is located in a county that does not have any

23  community nursing homes, reimbursement must be determined by

24  averaging the nursing home payments, in counties that surround

25  the county in which the hospital is located. Reimbursement to

26  hospitals, including Medicaid payment of Medicare copayments,

27  for skilled nursing services shall be limited to 30 days,

28  unless a prior authorization has been obtained from the

29  agency. Medicaid reimbursement may be extended by the agency

30  beyond 30 days, and approval must be based upon verification

31  by the patient's physician that the patient requires


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 1  short-term rehabilitative and recuperative services only, in

 2  which case an extension of no more than 15 days may be

 3  approved. Reimbursement to a hospital licensed under part I of

 4  chapter 395 for the temporary provision of skilled nursing

 5  services to nursing home residents who have been displaced as

 6  the result of a natural disaster or other emergency may not

 7  exceed the average county nursing home payment for those

 8  services in the county in which the hospital is located and is

 9  limited to the period of time which the agency considers

10  necessary for continued placement of the nursing home

11  residents in the hospital.

12         (b)  Subject to any limitations or directions provided

13  for in the General Appropriations Act, the agency shall

14  establish and implement a Florida Title XIX Long-Term Care

15  Reimbursement Plan (Medicaid) for nursing home care in order

16  to provide care and services in conformance with the

17  applicable state and federal laws, rules, regulations, and

18  quality and safety standards and to ensure that individuals

19  eligible for medical assistance have reasonable geographic

20  access to such care.

21         1.  Changes of ownership or of licensed operator do not

22  qualify for increases in reimbursement rates associated with

23  the change of ownership or of licensed operator. The agency

24  shall amend the Title XIX Long Term Care Reimbursement Plan to

25  provide that the initial nursing home reimbursement rates, for

26  the operating, patient care, and MAR components, associated

27  with related and unrelated party changes of ownership or

28  licensed operator filed on or after September 1, 2001, are

29  equivalent to the previous owner's reimbursement rate.

30         2.  The agency shall amend the long-term care

31  reimbursement plan and cost reporting system to create direct


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 1  care and indirect care subcomponents of the patient care

 2  component of the per diem rate. These two subcomponents

 3  together shall equal the patient care component of the per

 4  diem rate. Separate cost-based ceilings shall be calculated

 5  for each patient care subcomponent. The direct care

 6  subcomponent of the per diem rate shall be limited by the

 7  cost-based class ceiling, and the indirect care subcomponent

 8  shall be limited by the lower of the cost-based class ceiling,

 9  by the target rate class ceiling, or by the individual

10  provider target. The agency shall adjust the patient care

11  component effective January 1, 2002. The cost to adjust the

12  direct care subcomponent shall be net of the total funds

13  previously allocated for the case mix add-on. The agency shall

14  make the required changes to the nursing home cost reporting

15  forms to implement this requirement effective January 1, 2002.

16         3.  The direct care subcomponent shall include salaries

17  and benefits of direct care staff providing nursing services

18  including registered nurses, licensed practical nurses, and

19  certified nursing assistants who deliver care directly to

20  residents in the nursing home facility. This excludes nursing

21  administration, MDS, and care plan coordinators, staff

22  development, and staffing coordinator.

23         4.  All other patient care costs shall be included in

24  the indirect care cost subcomponent of the patient care per

25  diem rate. There shall be no costs directly or indirectly

26  allocated to the direct care subcomponent from a home office

27  or management company.

28         5.  On July 1 of each year, the agency shall report to

29  the Legislature direct and indirect care costs, including

30  average direct and indirect care costs per resident per

31  


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 1  facility and direct care and indirect care salaries and

 2  benefits per category of staff member per facility.

 3         6.  In order to offset the cost of general and

 4  professional liability insurance, the agency shall amend the

 5  plan to allow for interim rate adjustments to reflect

 6  increases in the cost of general or professional liability

 7  insurance for nursing homes. This provision shall be

 8  implemented to the extent existing appropriations are

 9  available.

10  

11  It is the intent of the Legislature that the reimbursement

12  plan achieve the goal of providing access to health care for

13  nursing home residents who require large amounts of care while

14  encouraging diversion services as an alternative to nursing

15  home care for residents who can be served within the

16  community. The agency shall base the establishment of any

17  maximum rate of payment, whether overall or component, on the

18  available moneys as provided for in the General Appropriations

19  Act. The agency may base the maximum rate of payment on the

20  results of scientifically valid analysis and conclusions

21  derived from objective statistical data pertinent to the

22  particular maximum rate of payment.

23         (3)  Subject to any limitations or directions provided

24  for in the General Appropriations Act, the following Medicaid

25  services and goods may be reimbursed on a fee-for-service

26  basis. For each allowable service or goods furnished in

27  accordance with Medicaid rules, policy manuals, handbooks, and

28  state and federal law, the payment shall be the amount billed

29  by the provider, the provider's usual and customary charge, or

30  the maximum allowable fee established by the agency, whichever

31  amount is less, with the exception of those services or goods


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 1  for which the agency makes payment using a methodology based

 2  on capitation rates, average costs, or negotiated fees.

 3         (a)  Advanced registered nurse practitioner services.

 4         (b)  Birth center services.

 5         (c)  Chiropractic services.

 6         (d)  Community mental health services.

 7         (e)  Dental services, including oral and maxillofacial

 8  surgery.

 9         (f)  Durable medical equipment.

10         (g)  Hearing services.

11         (h)  Occupational therapy for Medicaid recipients under

12  age 21.

13         (i)  Optometric services.

14         (j)  Orthodontic services.

15         (k)  Personal care for Medicaid recipients under age

16  21.

17         (l)  Physical therapy for Medicaid recipients under age

18  21.

19         (m)  Physician assistant services.

20         (n)  Podiatric services.

21         (o)  Portable X-ray services.

22         (p)  Private-duty nursing for Medicaid recipients under

23  age 21.

24         (q)  Registered nurse first assistant services.

25         (r)  Respiratory therapy for Medicaid recipients under

26  age 21.

27         (s)  Speech therapy for Medicaid recipients under age

28  21.

29         (t)  Visual services.

30         (4)  Subject to any limitations or directions provided

31  for in the General Appropriations Act, alternative health


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 1  plans, health maintenance organizations, and prepaid health

 2  plans shall be reimbursed a fixed, prepaid amount negotiated,

 3  or competitively bid pursuant to s. 287.057, by the agency and

 4  prospectively paid to the provider monthly for each Medicaid

 5  recipient enrolled.  The amount may not exceed the average

 6  amount the agency determines it would have paid, based on

 7  claims experience, for recipients in the same or similar

 8  category of eligibility.  The agency shall calculate

 9  capitation rates on a regional basis and, beginning September

10  1, 1995, shall include age-band differentials in such

11  calculations. Effective July 1, 2001, the cost of exempting

12  statutory teaching hospitals, specialty hospitals, and

13  community hospital education program hospitals from

14  reimbursement ceilings and the cost of special Medicaid

15  payments shall not be included in premiums paid to health

16  maintenance organizations or prepaid health care plans. Each

17  rate semester, the agency shall calculate and publish a

18  Medicaid hospital rate schedule that does not reflect either

19  special Medicaid payments or the elimination of rate

20  reimbursement ceilings, to be used by hospitals and Medicaid

21  health maintenance organizations, in order to determine the

22  Medicaid rate referred to in ss. 409.912(19) 409.912(17),

23  409.9128(5), and 641.513(6).

24         (5)  An ambulatory surgical center shall be reimbursed

25  the lesser of the amount billed by the provider or the

26  Medicare-established allowable amount for the facility.

27         (6)  A provider of early and periodic screening,

28  diagnosis, and treatment services to Medicaid recipients who

29  are children under age 21 shall be reimbursed using an

30  all-inclusive rate stipulated in a fee schedule established by

31  the agency. A provider of the visual, dental, and hearing


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 1  components of such services shall be reimbursed the lesser of

 2  the amount billed by the provider or the Medicaid maximum

 3  allowable fee established by the agency.

 4         (7)  A provider of family planning services shall be

 5  reimbursed the lesser of the amount billed by the provider or

 6  an all-inclusive amount per type of visit for physicians and

 7  advanced registered nurse practitioners, as established by the

 8  agency in a fee schedule.

 9         (8)  A provider of home-based or community-based

10  services rendered pursuant to a federally approved waiver

11  shall be reimbursed based on an established or negotiated rate

12  for each service. These rates shall be established according

13  to an analysis of the expenditure history and prospective

14  budget developed by each contract provider participating in

15  the waiver program, or under any other methodology adopted by

16  the agency and approved by the Federal Government in

17  accordance with the waiver. Effective July 1, 1996, privately

18  owned and operated community-based residential facilities

19  which meet agency requirements and which formerly received

20  Medicaid reimbursement for the optional intermediate care

21  facility for the mentally retarded service may participate in

22  the developmental services waiver as part of a

23  home-and-community-based continuum of care for Medicaid

24  recipients who receive waiver services.

25         (9)  A provider of home health care services or of

26  medical supplies and appliances shall be reimbursed on the

27  basis of competitive bidding or for the lesser of the amount

28  billed by the provider or the agency's established maximum

29  allowable amount, except that, in the case of the rental of

30  durable medical equipment, the total rental payments may not

31  exceed the purchase price of the equipment over its expected


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 1  useful life or the agency's established maximum allowable

 2  amount, whichever amount is less.

 3         (10)  A hospice shall be reimbursed through a

 4  prospective system for each Medicaid hospice patient at

 5  Medicaid rates using the methodology established for hospice

 6  reimbursement pursuant to Title XVIII of the federal Social

 7  Security Act.

 8         (11)  A provider of independent laboratory services

 9  shall be reimbursed on the basis of competitive bidding or for

10  the least of the amount billed by the provider, the provider's

11  usual and customary charge, or the Medicaid maximum allowable

12  fee established by the agency.

13         (12)(a)  A physician shall be reimbursed the lesser of

14  the amount billed by the provider or the Medicaid maximum

15  allowable fee established by the agency.

16         (b)  The agency shall adopt a fee schedule, subject to

17  any limitations or directions provided for in the General

18  Appropriations Act, based on a resource-based relative value

19  scale for pricing Medicaid physician services. Under this fee

20  schedule, physicians shall be paid a dollar amount for each

21  service based on the average resources required to provide the

22  service, including, but not limited to, estimates of average

23  physician time and effort, practice expense, and the costs of

24  professional liability insurance.  The fee schedule shall

25  provide increased reimbursement for preventive and primary

26  care services and lowered reimbursement for specialty services

27  by using at least two conversion factors, one for cognitive

28  services and another for procedural services.  The fee

29  schedule shall not increase total Medicaid physician

30  expenditures unless moneys are available, and shall be phased

31  in over a 2-year period beginning on July 1, 1994. The Agency


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 1  for Health Care Administration shall seek the advice of a

 2  16-member advisory panel in formulating and adopting the fee

 3  schedule.  The panel shall consist of Medicaid physicians

 4  licensed under chapters 458 and 459 and shall be composed of

 5  50 percent primary care physicians and 50 percent specialty

 6  care physicians.

 7         (c)  Notwithstanding paragraph (b), reimbursement fees

 8  to physicians for providing total obstetrical services to

 9  Medicaid recipients, which include prenatal, delivery, and

10  postpartum care, shall be at least $1,500 per delivery for a

11  pregnant woman with low medical risk and at least $2,000 per

12  delivery for a pregnant woman with high medical risk. However,

13  reimbursement to physicians working in Regional Perinatal

14  Intensive Care Centers designated pursuant to chapter 383, for

15  services to certain pregnant Medicaid recipients with a high

16  medical risk, may be made according to obstetrical care and

17  neonatal care groupings and rates established by the agency.

18  Nurse midwives licensed under part I of chapter 464 or

19  midwives licensed under chapter 467 shall be reimbursed at no

20  less than 80 percent of the low medical risk fee. The agency

21  shall by rule determine, for the purpose of this paragraph,

22  what constitutes a high or low medical risk pregnant woman and

23  shall not pay more based solely on the fact that a caesarean

24  section was performed, rather than a vaginal delivery. The

25  agency shall by rule determine a prorated payment for

26  obstetrical services in cases where only part of the total

27  prenatal, delivery, or postpartum care was performed. The

28  Department of Health shall adopt rules for appropriate

29  insurance coverage for midwives licensed under chapter 467.

30  Prior to the issuance and renewal of an active license, or

31  reactivation of an inactive license for midwives licensed


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 1  under chapter 467, such licensees shall submit proof of

 2  coverage with each application.

 3         (d)  For fiscal years 2001-2002 and 2002-2003 only and

 4  if necessary to meet the requirements for grants and donations

 5  for the special Medicaid payments authorized in the 2001-2002

 6  and 2002-2003 General Appropriations Acts, the agency may make

 7  special Medicaid payments to qualified Medicaid providers

 8  designated by the agency, notwithstanding any provision of

 9  this subsection to the contrary, and may use intergovernmental

10  transfers from state entities or other governmental entities

11  to serve as the state share of such payments.

12         (13)  Medicare premiums for persons eligible for both

13  Medicare and Medicaid coverage shall be paid at the rates

14  established by Title XVIII of the Social Security Act.  For

15  Medicare services rendered to Medicaid-eligible persons,

16  Medicaid shall pay Medicare deductibles and coinsurance as

17  follows:

18         (a)  Medicaid shall make no payment toward deductibles

19  and coinsurance for any service that is not covered by

20  Medicaid.

21         (b)  Medicaid's financial obligation for deductibles

22  and coinsurance payments shall be based on Medicare allowable

23  fees, not on a provider's billed charges.

24         (c)  Medicaid will pay no portion of Medicare

25  deductibles and coinsurance when payment that Medicare has

26  made for the service equals or exceeds what Medicaid would

27  have paid if it had been the sole payor.  The combined payment

28  of Medicare and Medicaid shall not exceed the amount Medicaid

29  would have paid had it been the sole payor. The Legislature

30  finds that there has been confusion regarding the

31  reimbursement for services rendered to dually eligible


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 1  Medicare beneficiaries. Accordingly, the Legislature clarifies

 2  that it has always been the intent of the Legislature before

 3  and after 1991 that, in reimbursing in accordance with fees

 4  established by Title XVIII for premiums, deductibles, and

 5  coinsurance for Medicare services rendered by physicians to

 6  Medicaid eligible persons, physicians be reimbursed at the

 7  lesser of the amount billed by the physician or the Medicaid

 8  maximum allowable fee established by the Agency for Health

 9  Care Administration, as is permitted by federal law. It has

10  never been the intent of the Legislature with regard to such

11  services rendered by physicians that Medicaid be required to

12  provide any payment for deductibles, coinsurance, or

13  copayments for Medicare cost sharing, or any expenses incurred

14  relating thereto, in excess of the payment amount provided for

15  under the State Medicaid plan for such service. This payment

16  methodology is applicable even in those situations in which

17  the payment for Medicare cost sharing for a qualified Medicare

18  beneficiary with respect to an item or service is reduced or

19  eliminated. This expression of the Legislature is in

20  clarification of existing law and shall apply to payment for,

21  and with respect to provider agreements with respect to, items

22  or services furnished on or after the effective date of this

23  act. This paragraph applies to payment by Medicaid for items

24  and services furnished before the effective date of this act

25  if such payment is the subject of a lawsuit that is based on

26  the provisions of this section, and that is pending as of, or

27  is initiated after, the effective date of this act.

28         (d)  Notwithstanding paragraphs (a)-(c):

29         1.  Medicaid payments for Nursing Home Medicare part A

30  coinsurance shall be the lesser of the Medicare coinsurance

31  amount or the Medicaid nursing home per diem rate.


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 1         2.  Medicaid shall pay all deductibles and coinsurance

 2  for Medicare-eligible recipients receiving freestanding end

 3  stage renal dialysis center services.

 4         3.  Medicaid payments for general hospital inpatient

 5  services shall be limited to the Medicare deductible per spell

 6  of illness.  Medicaid shall make no payment toward coinsurance

 7  for Medicare general hospital inpatient services.

 8         4.  Medicaid shall pay all deductibles and coinsurance

 9  for Medicare emergency transportation services provided by

10  ambulances licensed pursuant to chapter 401.

11         (14)  A provider of prescribed drugs shall be

12  reimbursed the least of the amount billed by the provider, the

13  provider's usual and customary charge, or the Medicaid maximum

14  allowable fee established by the agency, plus a dispensing

15  fee. The agency is directed to implement a variable dispensing

16  fee for payments for prescribed medicines while ensuring

17  continued access for Medicaid recipients. The variable

18  dispensing fee may be based upon, but not limited to, either

19  or both the volume of prescriptions dispensed by a specific

20  pharmacy provider, the volume of prescriptions dispensed to an

21  individual recipient, and dispensing of preferred-drug-list

22  products. The agency may increase the pharmacy dispensing fee

23  authorized by statute and in the annual General Appropriations

24  Act by $0.50 for the dispensing of a Medicaid

25  preferred-drug-list product and reduce the pharmacy dispensing

26  fee by $0.50 for the dispensing of a Medicaid product that is

27  not included on the preferred-drug list. The agency may

28  establish a supplemental pharmaceutical dispensing fee to be

29  paid to providers returning unused unit-dose packaged

30  medications to stock and crediting the Medicaid program for

31  the ingredient cost of those medications if the ingredient


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 1  costs to be credited exceed the value of the supplemental

 2  dispensing fee. The agency is authorized to limit

 3  reimbursement for prescribed medicine in order to comply with

 4  any limitations or directions provided for in the General

 5  Appropriations Act, which may include implementing a

 6  prospective or concurrent utilization review program.

 7         (15)  A provider of primary care case management

 8  services rendered pursuant to a federally approved waiver

 9  shall be reimbursed by payment of a fixed, prepaid monthly sum

10  for each Medicaid recipient enrolled with the provider.

11         (16)  A provider of rural health clinic services and

12  federally qualified health center services shall be reimbursed

13  a rate per visit based on total reasonable costs of the

14  clinic, as determined by the agency in accordance with federal

15  regulations.

16         (17)  A provider of targeted case management services

17  shall be reimbursed pursuant to an established fee, except

18  where the Federal Government requires a public provider be

19  reimbursed on the basis of average actual costs.

20         (18)  Unless otherwise provided for in the General

21  Appropriations Act, a provider of transportation services

22  shall be reimbursed the lesser of the amount billed by the

23  provider or the Medicaid maximum allowable fee established by

24  the agency, except when the agency has entered into a direct

25  contract with the provider, or with a community transportation

26  coordinator, for the provision of an all-inclusive service, or

27  when services are provided pursuant to an agreement negotiated

28  between the agency and the provider.  The agency, as provided

29  for in s. 427.0135, shall purchase transportation services

30  through the community coordinated transportation system, if

31  available, unless the agency determines a more cost-effective


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 1  method for Medicaid clients. Nothing in this subsection shall

 2  be construed to limit or preclude the agency from contracting

 3  for services using a prepaid capitation rate or from

 4  establishing maximum fee schedules, individualized

 5  reimbursement policies by provider type, negotiated fees,

 6  prior authorization, competitive bidding, increased use of

 7  mass transit, or any other mechanism that the agency considers

 8  efficient and effective for the purchase of services on behalf

 9  of Medicaid clients, including implementing a transportation

10  eligibility process. The agency shall not be required to

11  contract with any community transportation coordinator or

12  transportation operator that has been determined by the

13  agency, the Department of Legal Affairs Medicaid Fraud Control

14  Unit, or any other state or federal agency to have engaged in

15  any abusive or fraudulent billing activities. The agency is

16  authorized to competitively procure transportation services or

17  make other changes necessary to secure approval of federal

18  waivers needed to permit federal financing of Medicaid

19  transportation services at the service matching rate rather

20  than the administrative matching rate.

21         (19)  County health department services may be

22  reimbursed a rate per visit based on total reasonable costs of

23  the clinic, as determined by the agency in accordance with

24  federal regulations under the authority of 42 C.F.R. s.

25  431.615.

26         (20)  A renal dialysis facility that provides dialysis

27  services under s. 409.906(9) must be reimbursed the lesser of

28  the amount billed by the provider, the provider's usual and

29  customary charge, or the maximum allowable fee established by

30  the agency, whichever amount is less.

31  


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 1         (21)  The agency shall reimburse school districts which

 2  certify the state match pursuant to ss. 409.9071 and 1011.70

 3  for the federal portion of the school district's allowable

 4  costs to deliver the services, based on the reimbursement

 5  schedule. The school district shall determine the costs for

 6  delivering services as authorized in ss. 409.9071 and 1011.70

 7  for which the state match will be certified. Reimbursement of

 8  school-based providers is contingent on such providers being

 9  enrolled as Medicaid providers and meeting the qualifications

10  contained in 42 C.F.R. s. 440.110, unless otherwise waived by

11  the federal Health Care Financing Administration. Speech

12  therapy providers who are certified through the Department of

13  Education pursuant to rule 6A-4.0176, Florida Administrative

14  Code, are eligible for reimbursement for services that are

15  provided on school premises. Any employee of the school

16  district who has been fingerprinted and has received a

17  criminal background check in accordance with Department of

18  Education rules and guidelines shall be exempt from any agency

19  requirements relating to criminal background checks.

20         (22)  The agency shall request and implement Medicaid

21  waivers from the federal Health Care Financing Administration

22  to advance and treat a portion of the Medicaid nursing home

23  per diem as capital for creating and operating a

24  risk-retention group for self-insurance purposes, consistent

25  with federal and state laws and rules.

26  

27         Reviser's note.--The introductory paragraph to

28         the section is amended to improve clarity and

29         conform to context. Subsection (4) is amended

30         to conform to the redesignation of s.

31         409.912(17) as s. 409.912(19) by s. 9, ch.


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 1         2003-279, Laws of Florida. Subsection (12),

 2         which relates to special Medicaid payments for

 3         fiscal years 2001-2002 and 2002-2003, is

 4         repealed to delete an obsolete provision.

 5  

 6         Section 54.  Subsections (1) and (2) of section

 7  409.91196, Florida Statutes, are amended to read:

 8         409.91196  Supplemental rebate agreements;

 9  confidentiality of records and meetings.--

10         (1)  Trade secrets, rebate amount, percent of rebate,

11  manufacturer's pricing, and supplemental rebates which are

12  contained in records of the Agency for Health Care

13  Administration and its agents with respect to supplemental

14  rebate negotiations and which are prepared pursuant to a

15  supplemental rebate agreement under s. 409.912(40)(a)7.

16  409.912(38)(a)7. are confidential and exempt from s. 119.07

17  and s. 24(a), Art. I of the State Constitution.

18         (2)  Those portions of meetings of the Medicaid

19  Pharmaceutical and Therapeutics Committee at which trade

20  secrets, rebate amount, percent of rebate, manufacturer's

21  pricing, and supplemental rebates are disclosed for discussion

22  or negotiation of a supplemental rebate agreement under s.

23  409.912(40)(a)7. 409.912(38)(a)7. are exempt from s. 286.011

24  and s. 24(b), Art. I of the State Constitution.

25  

26         Reviser's note.--Amended to conform to the

27         redesignation of s. 409.912(38)(a)7. as s.

28         409.912(40)(a)7. by s. 9, ch. 2003-279, Laws of

29         Florida.

30  

31  


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 1         Section 55.  Subsection (38) of section 409.912,

 2  Florida Statutes, is repealed, and paragraph (c) of subsection

 3  (4), paragraph (c) of subsection (21), and subsection (29) of

 4  that section are amended to read:

 5         409.912  Cost-effective purchasing of health care.--The

 6  agency shall purchase goods and services for Medicaid

 7  recipients in the most cost-effective manner consistent with

 8  the delivery of quality medical care.  The agency shall

 9  maximize the use of prepaid per capita and prepaid aggregate

10  fixed-sum basis services when appropriate and other

11  alternative service delivery and reimbursement methodologies,

12  including competitive bidding pursuant to s. 287.057, designed

13  to facilitate the cost-effective purchase of a case-managed

14  continuum of care. The agency shall also require providers to

15  minimize the exposure of recipients to the need for acute

16  inpatient, custodial, and other institutional care and the

17  inappropriate or unnecessary use of high-cost services. The

18  agency may establish prior authorization requirements for

19  certain populations of Medicaid beneficiaries, certain drug

20  classes, or particular drugs to prevent fraud, abuse, overuse,

21  and possible dangerous drug interactions. The Pharmaceutical

22  and Therapeutics Committee shall make recommendations to the

23  agency on drugs for which prior authorization is required. The

24  agency shall inform the Pharmaceutical and Therapeutics

25  Committee of its decisions regarding drugs subject to prior

26  authorization.

27         (4)  The agency may contract with:

28         (c)  A federally qualified health center or an entity

29  owned by one or more federally qualified health centers or an

30  entity owned by other migrant and community health centers

31  receiving non-Medicaid financial support from the Federal


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 1  Government to provide health care services on a prepaid or

 2  fixed-sum basis to recipients. Such prepaid health care

 3  services entity must be licensed under parts I and III of

 4  chapter 641, but shall be prohibited from serving Medicaid

 5  recipients on a prepaid basis, until such licensure has been

 6  obtained.  However, such an entity is exempt from s. 641.225

 7  if the entity meets the requirements specified in subsections

 8  (17) and (18) (15) and (16).

 9         (21)  Any entity contracting with the agency pursuant

10  to this section to provide health care services to Medicaid

11  recipients is prohibited from engaging in any of the following

12  practices or activities:

13         (c)  Granting or offering of any monetary or other

14  valuable consideration for enrollment, except as authorized by

15  subsection (24) (22).

16         (29)  The agency shall perform enrollments and

17  disenrollments for Medicaid recipients who are eligible for

18  MediPass or managed care plans. Notwithstanding the

19  prohibition contained in paragraph (21)(f) (19)(f), managed

20  care plans may perform preenrollments of Medicaid recipients

21  under the supervision of the agency or its agents. For the

22  purposes of this section, "preenrollment" means the provision

23  of marketing and educational materials to a Medicaid recipient

24  and assistance in completing the application forms, but shall

25  not include actual enrollment into a managed care plan.  An

26  application for enrollment shall not be deemed complete until

27  the agency or its agent verifies that the recipient made an

28  informed, voluntary choice.  The agency, in cooperation with

29  the Department of Children and Family Services, may test new

30  marketing initiatives to inform Medicaid recipients about

31  their managed care options at selected sites. The agency shall


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 1  report to the Legislature on the effectiveness of such

 2  initiatives. The agency may contract with a third party to

 3  perform managed care plan and MediPass enrollment and

 4  disenrollment services for Medicaid recipients and is

 5  authorized to adopt rules to implement such services. The

 6  agency may adjust the capitation rate only to cover the costs

 7  of a third-party enrollment and disenrollment contract, and

 8  for agency supervision and management of the managed care plan

 9  enrollment and disenrollment contract.

10  

11         Reviser's note.--Paragraph (4)(c), paragraph

12         (21)(c), and subsection (29) are amended to

13         conform to the redesignation of subunits of s.

14         409.912 by s. 9, ch. 2003-279, Laws of Florida.

15         Subsection (38) is repealed to delete material

16         relating to a 3-year managed care pilot program

17         that has been completed.

18  

19         Section 56.  Paragraph (f) of subsection (2) of section

20  409.9122, Florida Statutes, is amended to read:

21         409.9122  Mandatory Medicaid managed care enrollment;

22  programs and procedures.--

23         (2)

24         (f)  When a Medicaid recipient does not choose a

25  managed care plan or MediPass provider, the agency shall

26  assign the Medicaid recipient to a managed care plan or

27  MediPass provider. Medicaid recipients who are subject to

28  mandatory assignment but who fail to make a choice shall be

29  assigned to managed care plans until an enrollment of 40

30  percent in MediPass and 60 percent in managed care plans is

31  achieved. Once this enrollment is achieved, the assignments


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 1  shall be divided in order to maintain an enrollment in

 2  MediPass and managed care plans which is in a 40 percent and

 3  60 percent proportion, respectively. Thereafter, assignment of

 4  Medicaid recipients who fail to make a choice shall be based

 5  proportionally on the preferences of recipients who have made

 6  a choice in the previous period. Such proportions shall be

 7  revised at least quarterly to reflect an update of the

 8  preferences of Medicaid recipients. The agency shall

 9  disproportionately assign Medicaid-eligible recipients who are

10  required to but have failed to make a choice of managed care

11  plan or MediPass, including children, and who are to be

12  assigned to the MediPass program to children's networks as

13  described in s. 409.912(4)(g) 409.912(3)(g), Children's

14  Medical Services network as defined in s. 391.021, exclusive

15  provider organizations, provider service networks, minority

16  physician networks, and pediatric emergency department

17  diversion programs authorized by this chapter or the General

18  Appropriations Act, in such manner as the agency deems

19  appropriate, until the agency has determined that the networks

20  and programs have sufficient numbers to be economically

21  operated. For purposes of this paragraph, when referring to

22  assignment, the term "managed care plans" includes health

23  maintenance organizations, exclusive provider organizations,

24  provider service networks, minority physician networks,

25  Children's Medical Services network, and pediatric emergency

26  department diversion programs authorized by this chapter or

27  the General Appropriations Act. When making assignments, the

28  agency shall take into account the following criteria:

29         1.  A managed care plan has sufficient network capacity

30  to meet the need of members.

31  


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 1         2.  The managed care plan or MediPass has previously

 2  enrolled the recipient as a member, or one of the managed care

 3  plan's primary care providers or MediPass providers has

 4  previously provided health care to the recipient.

 5         3.  The agency has knowledge that the member has

 6  previously expressed a preference for a particular managed

 7  care plan or MediPass provider as indicated by Medicaid

 8  fee-for-service claims data, but has failed to make a choice.

 9         4.  The managed care plan's or MediPass primary care

10  providers are geographically accessible to the recipient's

11  residence.

12  

13         Reviser's note.--Amended to conform to the

14         redesignation of s. 409.912(3)(g) as s.

15         409.912(4)(g) by s. 9, ch. 2003-279, Laws of

16         Florida.

17  

18         Section 57.  Paragraph (c) of subsection (3) of section

19  414.095, Florida Statutes, is amended to read:

20         414.095  Determining eligibility for temporary cash

21  assistance.--

22         (3)  ELIGIBILITY FOR NONCITIZENS.--A "qualified

23  noncitizen" is an individual who is admitted to the United

24  States as a refugee under s. 207 of the Immigration and

25  Nationality Act or who is granted asylum under s. 208 of the

26  Immigration and Nationality Act; a noncitizen whose

27  deportation is withheld under s. 243(h) or s. 241(b)(3) of the

28  Immigration and Nationality Act; a noncitizen who is paroled

29  into the United States under s. 212(d)(5) of the Immigration

30  and Nationality Act, for at least 1 year; a noncitizen who is

31  granted conditional entry pursuant to s. 203(a)(7) of the


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 1  Immigration and Nationality Act as in effect prior to April 1,

 2  1980; a Cuban or Haitian entrant; or a noncitizen who has been

 3  admitted as a permanent resident. In addition, a "qualified

 4  noncitizen" includes an individual who, or an individual whose

 5  child or parent, has been battered or subject to extreme

 6  cruelty in the United States by a spouse, a parent, or other

 7  household member under certain circumstances, and has applied

 8  for or received protection under the federal Violence Against

 9  Women Act of 1994, Pub. L. No. 103-322, if the need for

10  benefits is related to the abuse and the batterer no longer

11  lives in the household. A "nonqualified noncitizen" is a

12  nonimmigrant noncitizen, including a tourist, business

13  visitor, foreign student, exchange visitor, temporary worker,

14  or diplomat. In addition, a "nonqualified noncitizen" includes

15  an individual paroled into the United States for less than 1

16  year. A qualified noncitizen who is otherwise eligible may

17  receive temporary cash assistance to the extent permitted by

18  federal law. The income or resources of a sponsor and the

19  sponsor's spouse shall be included in determining eligibility

20  to the maximum extent permitted by federal law.

21         (c)  The department shall participate in the Systematic

22  Alien Verification for Entitlements Program (SAVE) established

23  by the United States Bureau of Citizenship and Immigration

24  Services Immigration and Naturalization Service in order to

25  verify the validity of documents provided by noncitizens and

26  to verify a noncitizen's eligibility.

27  

28         Reviser's note.--Amended to conform to the

29         redesignation of the Immigration and

30         Naturalization Service pursuant to its transfer

31  


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 1         to the Department of Homeland Security by s.

 2         451, Pub. L. No. 107-296.

 3  

 4         Section 58.  Section 414.70, Florida Statutes, is

 5  repealed.

 6  

 7         Reviser's note.--This section created a

 8         drug-screening and drug-testing program that

 9         expired June 30, 2001.

10  

11         Section 59.  Paragraph (d) of subsection (15) of

12  section 440.02, Florida Statutes, is amended to read:

13         440.02  Definitions.--When used in this chapter, unless

14  the context clearly requires otherwise, the following terms

15  shall have the following meanings:

16         (15)

17         (d)  "Employee" does not include:

18         1.  An independent contractor who is not engaged in the

19  construction industry.

20         a.  In order to meet the definition of independent

21  contractor, at least four of the following criteria must be

22  met:

23         (I)  The independent contractor maintains a separate

24  business with his or her own work facility, truck, equipment,

25  materials, or similar accommodations;

26         (II)  The independent contractor holds or has applied

27  for a federal employer identification number, unless the

28  independent contractor is a sole proprietor who is not

29  required to obtain a federal employer identification number

30  under state or federal regulations;

31  


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 1         (III)  The independent contractor receives compensation

 2  for services rendered or work performed and such compensation

 3  is paid to a business rather than to an individual;

 4         (IV)  The independent contractor holds one or more bank

 5  accounts in the name of the business entity for purposes of

 6  paying business expenses or other expenses related to services

 7  rendered or work performed for compensation;

 8         (V)  The independent contractor performs work or is

 9  able to perform work for any entity in addition to or besides

10  the employer at his or her own election without the necessity

11  of completing an employment application or process; or

12         (VI)  The independent contractor receives compensation

13  for work or services rendered on a competitive-bid basis or

14  completion of a task or a set of tasks as defined by a

15  contractual agreement, unless such contractual agreement

16  expressly states that an employment relationship exists.

17         b.  If four of the criteria listed in sub-subparagraph

18  a. do not exist, an individual may still be presumed to be an

19  independent contractor and not an employee based on full

20  consideration of the nature of the individual situation with

21  regard to satisfying any of the following conditions:

22         (I)  The independent contractor performs or agrees to

23  perform specific services or work for a specific amount of

24  money and controls the means of performing the services or

25  work.

26         (II)  The independent contractor incurs the principal

27  expenses related to the service or work that he or she

28  performs or agrees to perform.

29         (III)  The independent contractor is responsible for

30  the satisfactory completion of the work or services that he or

31  she performs or agrees to perform.


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 1         (IV)  The independent contractor receives compensation

 2  for work or services performed for a commission or on a

 3  per-job basis and not on any other basis.

 4         (V)  The independent contractor may realize a profit or

 5  suffer a loss in connection with performing work or services.

 6         (VI)  The independent contractor has continuing or

 7  recurring business liabilities or obligations.

 8         (VII)  The success or failure of the independent

 9  contractor's business depends on the relationship of business

10  receipts to expenditures.

11         c.  Notwithstanding anything to the contrary in this

12  subparagraph, an individual claiming to be an independent

13  contractor has the burden of proving that he or she is an

14  independent contractor for purposes of this chapter.

15         2.  A real estate licensee, if that person agrees, in

16  writing, to perform for remuneration solely by way of

17  commission.

18         3.  Bands, orchestras, and musical and theatrical

19  performers, including disk jockeys, performing in licensed

20  premises as defined in chapter 562, if a written contract

21  evidencing an independent contractor relationship is entered

22  into before the commencement of such entertainment.

23         4.  An owner-operator of a motor vehicle who transports

24  property under a written contract with a motor carrier which

25  evidences a relationship by which the owner-operator assumes

26  the responsibility of an employer for the performance of the

27  contract, if the owner-operator is required to furnish the

28  necessary motor vehicle equipment and all costs incidental to

29  the performance of the contract, including, but not limited

30  to, fuel, taxes, licenses, repairs, and hired help; and the

31  owner-operator is paid a commission for transportation service


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 1  and is not paid by the hour or on some other time-measured

 2  basis.

 3         5.  A person whose employment is both casual and not in

 4  the course of the trade, business, profession, or occupation

 5  of the employer.

 6         6.  A volunteer, except a volunteer worker for the

 7  state or a county, municipality, or other governmental entity.

 8  A person who does not receive monetary remuneration for

 9  services is presumed to be a volunteer unless there is

10  substantial evidence that a valuable consideration was

11  intended by both employer and employee. For purposes of this

12  chapter, the term "volunteer" includes, but is not limited to:

13         a.  Persons who serve in private nonprofit agencies and

14  who receive no compensation other than expenses in an amount

15  less than or equivalent to the standard mileage and per diem

16  expenses provided to salaried employees in the same agency or,

17  if such agency does not have salaried employees who receive

18  mileage and per diem, then such volunteers who receive no

19  compensation other than expenses in an amount less than or

20  equivalent to the customary mileage and per diem paid to

21  salaried workers in the community as determined by the

22  department; and

23         b.  Volunteers participating in federal programs

24  established under Pub. L. No. 93-113.

25         7.  Unless otherwise prohibited by this chapter, any

26  officer of a corporation who elects to be exempt from this

27  chapter. Such officer is not an employee for any reason under

28  this chapter until the notice of revocation of election filed

29  pursuant to s. 440.05 is effective.

30         8.  An officer of a corporation that is engaged in the

31  construction industry who elects to be exempt from the


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 1  provisions of this chapter, as otherwise permitted by this

 2  chapter. Such officer is not an employee for any reason until

 3  the notice of revocation of election filed pursuant to s.

 4  440.05 is effective.

 5         9.  An exercise rider who does not work for a single

 6  horse farm or breeder, and who is compensated for riding on a

 7  case-by-case basis, provided a written contract is entered

 8  into prior to the commencement of such activity which

 9  evidences that an employee/employer relationship does not

10  exist.

11         10.  A taxicab, limousine, or other passenger

12  vehicle-for-hire driver who operates said vehicles pursuant to

13  a written agreement with a company which provides any

14  dispatch, marketing, insurance, communications, or other

15  services under which the driver and any fees or charges paid

16  by the driver to the company for such services are not

17  conditioned upon, or expressed as a proportion of, fare

18  revenues.

19         11.  A person who performs services as a sports

20  official for an entity sponsoring an interscholastic sports

21  event or for a public entity or private, nonprofit

22  organization that sponsors an amateur sports event. For

23  purposes of this subparagraph, such a person is an independent

24  contractor. For purposes of this subparagraph, the term

25  "sports official" means any person who is a neutral

26  participant in a sports event, including, but not limited to,

27  umpires, referees, judges, linespersons, scorekeepers, or

28  timekeepers. This subparagraph does not apply to any person

29  employed by a district school board who serves as a sports

30  official as required by the employing school board or who

31  


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 1  serves as a sports official as part of his or her

 2  responsibilities during normal school hours.

 3         12.  Medicaid-enrolled clients under chapter 393 who

 4  are excluded from the definition of employment under s.

 5  443.1216(4)(d) 443.036(21)(d)5. and served by Adult Day

 6  Training Services under the Home and Community-Based Medicaid

 7  Waiver program in a sheltered workshop setting licensed by the

 8  United States Department of Labor for the purpose of training

 9  and earning less than the federal hourly minimum wage.

10  

11         Reviser's note.--Amended to conform to the

12         repeal of s. 443.036(21)(d)5. by s. 17, ch.

13         2003-36, Laws of Florida. Substantially similar

14         material appears in s. 443.1216(4)(d) created

15         by s. 30, ch. 2003-36.

16  

17         Section 60.  Paragraph (p) of subsection (5) of section

18  440.102, Florida Statutes, is amended to read:

19         440.102  Drug-free workplace program requirements.--The

20  following provisions apply to a drug-free workplace program

21  implemented pursuant to law or to rules adopted by the Agency

22  for Health Care Administration:

23         (5)  PROCEDURES AND EMPLOYEE PROTECTION.--All specimen

24  collection and testing for drugs under this section shall be

25  performed in accordance with the following procedures:

26         (p)  All authorized remedial treatment, care, and

27  attendance provided by a health care provider to an injured

28  employee before medical and indemnity benefits are denied

29  under this section must be paid for by the carrier or

30  self-insurer. However, the carrier or self-insurer must have

31  given reasonable notice to all affected health care providers


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 1  that payment for treatment, care, and attendance provided to

 2  the employee after a future date certain will be denied. A

 3  health care provider, as defined in s. 440.13(1)(h)

 4  440.13(1)(i), that refuses, without good cause, to continue

 5  treatment, care, and attendance before the provider receives

 6  notice of benefit denial commits a misdemeanor of the second

 7  degree, punishable as provided in s. 775.082 or s. 775.083.

 8  

 9         Reviser's note.--Amended to conform to the

10         redesignation of s. 440.13(1)(i) as s.

11         440.13(1)(h) by s. 15, ch. 2003-412, Laws of

12         Florida.

13  

14         Section 61.  Subsection (4) of section 440.14, Florida

15  Statutes, is amended to read:

16         440.14  Determination of pay.--

17         (4)  Upon termination of the employee or upon

18  termination of the payment of fringe benefits of any employee

19  who is collecting indemnity benefits pursuant to s. 440.15(2)

20  or (3), the employer shall within 7 days of such termination

21  file a corrected 13-week wage statement reflecting the wages

22  paid and the fringe benefits that had been paid to the injured

23  employee, as provided in s. 440.02(28) 440.02(27).

24  

25         Reviser's note.--Amended to conform to the

26         redesignation of s. 440.02(27) as s. 440.02(28)

27         by s. 11, ch. 2002-194, Laws of Florida.

28  

29         Section 62.  Paragraph (b) of subsection (3) of section

30  440.15, Florida Statutes, is amended to read:

31  


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 1         440.15  Compensation for disability.--Compensation for

 2  disability shall be paid to the employee, subject to the

 3  limits provided in s. 440.12(2), as follows:

 4         (3)  PERMANENT IMPAIRMENT BENEFITS.--

 5         (b)  The three-member panel, in cooperation with the

 6  department, shall establish and use a uniform permanent

 7  impairment rating schedule. This schedule must be based on

 8  medically or scientifically demonstrable findings as well as

 9  the systems and criteria set forth in the American Medical

10  Association's Guides to the Evaluation of Permanent

11  Impairment; the Snellen Charts, published by the American

12  Medical Association Committee for Eye Injuries; and the

13  Minnesota Department of Labor and Industry Disability

14  Schedules. The schedule must be based upon objective findings.

15  The schedule shall be more comprehensive than the AMA Guides

16  to the Evaluation of Permanent Impairment and shall expand the

17  areas already addressed and address additional areas not

18  currently contained in the guides. On August 1, 1979, and

19  pending the adoption, by rule, of a permanent schedule, Guides

20  to the Evaluation of Permanent Impairment, copyright 1977,

21  1971, 1988, by the American Medical Association, shall be the

22  temporary schedule and shall be used for the purposes hereof.

23  For injuries after July 1, 1990, pending the adoption by rule

24  of a uniform disability rating agency schedule, the Minnesota

25  Department of Labor and Industry Disability Schedule shall be

26  used unless that schedule does not address an injury. In such

27  case, the Guides to the Evaluation of Permanent Impairment by

28  the American Medical Association shall be used. Determination

29  of permanent impairment under this schedule must be made by a

30  physician licensed under chapter 458, a doctor of osteopathic

31  medicine licensed under chapters 458 and 459, a chiropractic


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 1  physician licensed under chapter 460, a podiatric physician

 2  licensed under chapter 461, an optometrist licensed under

 3  chapter 463, or a dentist licensed under chapter 466, as

 4  appropriate considering the nature of the injury. No other

 5  persons are authorized to render opinions regarding the

 6  existence of or the extent of permanent impairment.

 7  

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

 9         facilitate correct interpretation.

10  

11         Section 63.  Paragraph (b) of subsection (3) and

12  paragraph (h) of subsection (4) of section 440.25, Florida

13  Statutes, are amended to read:

14         440.25  Procedures for mediation and hearings.--

15         (3)  Such mediation conference shall be conducted

16  informally and does not require the use of formal rules of

17  evidence or procedure. Any information from the files,

18  reports, case summaries, mediator's notes, or other

19  communications or materials, oral or written, relating to a

20  mediation conference under this section obtained by any person

21  performing mediation duties is privileged and confidential and

22  may not be disclosed without the written consent of all

23  parties to the conference. Any research or evaluation effort

24  directed at assessing the mediation program activities or

25  performance must protect the confidentiality of such

26  information. Each party to a mediation conference has a

27  privilege during and after the conference to refuse to

28  disclose and to prevent another from disclosing communications

29  made during the conference whether or not the contested issues

30  are successfully resolved. This subsection and paragraphs

31  (4)(a) and (b) shall not be construed to prevent or inhibit


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 1  the discovery or admissibility of any information that is

 2  otherwise subject to discovery or that is admissible under

 3  applicable law or rule of procedure, except that any conduct

 4  or statements made during a mediation conference or in

 5  negotiations concerning the conference are inadmissible in any

 6  proceeding under this chapter.

 7         (b)  With respect to any private mediation, if the

 8  parties agree or if mediators are not available under

 9  paragraph (a), pursuant to notice from the judge of

10  compensation claims, to conduct the required mediation within

11  the period specified in this section, the parties shall hold a

12  mediation conference at the carrier's expense within the

13  130-day period set for mediation. The mediation conference

14  shall be conducted by a mediator certified under s. 44.106. If

15  the parties do not agree upon a mediator within 10 days after

16  the date of the order, the claimant shall notify the judge in

17  writing and the judge shall appoint a mediator under this

18  paragraph subparagraph within 7 days. In the event both

19  parties agree, the results of the mediation conference shall

20  be binding and neither party shall have a right to appeal the

21  results. In the event either party refuses to agree to the

22  results of the mediation conference, the results of the

23  mediation conference as well as the testimony, witnesses, and

24  evidence presented at the conference shall not be admissible

25  at any subsequent proceeding on the claim. The mediator shall

26  not be called in to testify or give deposition to resolve any

27  claim for any hearing before the judge of compensation claims.

28  The employer may be represented by an attorney at the

29  mediation conference if the employee is also represented by an

30  attorney at the mediation conference.

31         (4)


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 1         (h)  To further expedite dispute resolution and to

 2  enhance the self-executing features of the system, those

 3  petitions filed in accordance with s. 440.192 that involve a

 4  claim for benefits of $5,000 or less shall, in the absence of

 5  compelling evidence to the contrary, be presumed to be

 6  appropriate for expedited resolution under this paragraph; and

 7  any other claim filed in accordance with s. 440.192, upon the

 8  written agreement of both parties and application by either

 9  party, may similarly be resolved under this paragraph. A claim

10  in a petition of or $5,000 or less for medical benefits only

11  or a petition for reimbursement for mileage for medical

12  purposes shall, in the absence of compelling evidence to the

13  contrary, be resolved through the expedited dispute resolution

14  process provided in this paragraph. For purposes of expedited

15  resolution pursuant to this paragraph, the Deputy Chief Judge

16  shall make provision by rule or order for expedited and

17  limited discovery and expedited docketing in such cases. At

18  least 15 days prior to hearing, the parties shall exchange and

19  file with the judge of compensation claims a pretrial outline

20  of all issues, defenses, and witnesses on a form adopted by

21  the Deputy Chief Judge; provided, in no event shall such

22  hearing be held without 15 days' written notice to all

23  parties. No pretrial hearing shall be held and no mediation

24  scheduled unless requested by a party. The judge of

25  compensation claims shall limit all argument and presentation

26  of evidence at the hearing to a maximum of 30 minutes, and

27  such hearings shall not exceed 30 minutes in length. Neither

28  party shall be required to be represented by counsel. The

29  employer or carrier may be represented by an adjuster or other

30  qualified representative. The employer or carrier and any

31  witness may appear at such hearing by telephone. The rules of


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 1  evidence shall be liberally construed in favor of allowing

 2  introduction of evidence.

 3  

 4         Reviser's note.--Paragraph (3)(b) is amended to

 5         conform to the redesignation of subparagraph 2.

 6         as paragraph (b) by s. 25, ch. 2003-412, Laws

 7         of Florida. Paragraph (4)(h) is amended to

 8         facilitate correct interpretation.

 9  

10         Section 64.  Subsection (3) of section 440.33, Florida

11  Statutes, is amended to read:

12         440.33  Powers of judges of compensation claims.--

13         (3)  Before adjudicating a claim for permanent total

14  disability benefits, the judge of compensation claims may

15  request an evaluation pursuant to s. 440.491(6) 440.49(1)(a)

16  for the purpose of assisting the judge of compensation claims

17  in the determination of whether there is a reasonable

18  probability that, with appropriate training or education, the

19  employee may be rehabilitated to the extent that such employee

20  can achieve suitable gainful employment and whether it is in

21  the best interest of the employee to undertake such training

22  or education.

23  

24         Reviser's note.--Amended to conform to the

25         repeal of s. 440.49(1), relating to

26         rehabilitation, by s. 43, ch. 93-415, Laws of

27         Florida, and the enactment of similar language

28         in s. 440.491(6) by s. 44, ch. 93-415.

29  

30         Section 65.  Paragraph (a) of subsection (1) of section

31  440.385, Florida Statutes, is amended to read:


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 1         440.385  Florida Self-Insurers Guaranty Association,

 2  Incorporated.--

 3         (1)  CREATION OF ASSOCIATION.--

 4         (a)  There is created a nonprofit corporation to be

 5  known as the "Florida Self-Insurers Guaranty Association,

 6  Incorporated," hereinafter referred to as "the association."

 7  Upon incorporation of the association, all individual

 8  self-insurers as defined in ss. 440.02(24)(a) 440.02(23)(a)

 9  and 440.38(1)(b), other than individual self-insurers which

10  are public utilities or governmental entities, shall be

11  members of the association as a condition of their authority

12  to individually self-insure in this state.  The association

13  shall perform its functions under a plan of operation as

14  established and approved under subsection (5) and shall

15  exercise its powers and duties through a board of directors as

16  established under subsection (2). The association shall have

17  those powers granted or permitted corporations not for profit,

18  as provided in chapter 617. The activities of the association

19  shall be subject to review by the department. The department

20  shall have oversight responsibility as set forth in this

21  section. The association is specifically authorized to enter

22  into agreements with this state to perform specified services.

23  

24         Reviser's note.--Amended to conform to the

25         redesignation of s. 440.02(23)(a) as s.

26         440.02(24)(a) by s. 11, ch. 2002-194, Laws of

27         Florida.

28  

29         Section 66.  Paragraph (b) of subsection (1) and

30  paragraph (c) of subsection (2) of section 440.45, Florida

31  Statutes, are amended to read:


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 1         440.45  Office of the Judges of Compensation Claims.--

 2         (1)

 3         (b)  The current term of the Chief Judge of

 4  Compensation Claims shall expire October 1, 2001. Effective

 5  October 1, 2001, the position of Deputy Chief Judge of

 6  Compensation Claims is created.

 7         (2)

 8         (c)  Each judge of compensation claims shall be

 9  appointed for a term of 4 years, but during the term of office

10  may be removed by the Governor for cause. Prior to the

11  expiration of a judge's term of office, the statewide

12  nominating commission shall review the judge's conduct and

13  determine whether the judge's performance is satisfactory.

14  Effective July 1, 2002, in determining whether a judge's

15  performance is satisfactory, the commission shall consider the

16  extent to which the judge has met the requirements of this

17  chapter, including, but not limited to, the requirements of

18  ss. 440.25(1) and (4)(a)-(e) 440.25(1) and (4)(a)-(f),

19  440.34(2), and 440.442. If the judge's performance is deemed

20  satisfactory, the commission shall report its finding to the

21  Governor no later than 6 months prior to the expiration of the

22  judge's term of office. The Governor shall review the

23  commission's report and may reappoint the judge for an

24  additional 4-year term. If the Governor does not reappoint the

25  judge, the Governor shall inform the commission. The judge

26  shall remain in office until the Governor has appointed a

27  successor judge in accordance with paragraphs (a) and (b). If

28  a vacancy occurs during a judge's unexpired term, the

29  statewide nominating commission does not find the judge's

30  performance is satisfactory, or the Governor does not

31  


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 1  reappoint the judge, the Governor shall appoint a successor

 2  judge for a term of 4 years in accordance with paragraph (b).

 3  

 4         Reviser's note.--Paragraph (1)(b) is amended to

 5         delete an obsolete provision relating to the

 6         term of the Chief Judge of Compensation Claims.

 7         Paragraph (2)(c) is amended to conform to the

 8         repeal of s. 440.25(4)(f) by s. 25, ch.

 9         2003-412, Laws of Florida.

10  

11         Section 67.  Paragraph (a) of subsection (6) of section

12  440.491, Florida Statutes, is amended to read:

13         440.491  Reemployment of injured workers;

14  rehabilitation.--

15         (6)  TRAINING AND EDUCATION.--

16         (a)  Upon referral of an injured employee by the

17  carrier, or upon the request of an injured employee, the

18  department shall conduct a training and education screening to

19  determine whether it should refer the employee for a

20  vocational evaluation and, if appropriate, approve training

21  and education or other vocational services for the employee.

22  The department may not approve formal training and education

23  programs unless it determines, after consideration of the

24  reemployment assessment, pertinent reemployment status reviews

25  or reports, and such other relevant factors as it prescribes

26  by rule, that the reemployment plan is likely to result in

27  return to suitable gainful employment. The department is

28  authorized to expend moneys from the Workers' Compensation

29  Administration Trust Fund, established by s. 440.50, to secure

30  appropriate training and education at a community college as

31  designated in s. 1000.21(3) established under part III of


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 1  chapter 240 or at a vocational-technical school established

 2  under s. 1001.44 230.63, or to secure other vocational

 3  services when necessary to satisfy the recommendation of a

 4  vocational evaluator. As used in this paragraph, "appropriate

 5  training and education" includes securing a general education

 6  diploma (GED), if necessary. The department shall establish

 7  training and education standards pertaining to employee

 8  eligibility, course curricula and duration, and associated

 9  costs.

10  

11         Reviser's note.--Amended to conform to the

12         repeal of part III of chapter 240 by s. 1058,

13         ch. 2002-387, Laws of Florida, and the

14         enactment of similar material at part III of

15         chapter 1001, and the repeal of s. 230.63 by s.

16         1058, ch. 2002-387, and the creation of similar

17         material at s. 1001.44.

18  

19         Section 68.  Section 440.515, Florida Statutes, is

20  amended to read:

21         440.515  Reports from self-insurers;

22  confidentiality.--The department shall maintain the reports

23  filed in accordance with former s. 440.51(6)(b) as

24  confidential and exempt from the provisions of s. 119.07(1),

25  and such reports shall be released only for bona fide research

26  or educational purposes or after receipt of consent from the

27  employer.

28  

29         Reviser's note.--Amended to conform to the

30         repeal of s. 440.51(6)(b) by s. 5, ch.

31         2002-262, Laws of Florida.


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 1         Section 69.  Subsection (3) of section 440.60, Florida

 2  Statutes, is amended to read:

 3         440.60  Application of laws.--

 4         (3)  All acts or proceedings performed by or on behalf

 5  of the former Division of Workers' Compensation of the

 6  Department of Labor and Employment Security or the employer,

 7  or in which the division or the employer was a party under s.

 8  440.15(1) and (3) between October 1, 1974, and July 10, 1987,

 9  are ratified and validated in all respects if such acts or

10  proceedings would have been valid if chapter 87-330, Laws of

11  Florida, had been in effect at the time such acts or

12  proceedings were performed.

13  

14         Reviser's note.--Amended to conform to the fact

15         that the Division of Workers' Compensation of

16         the Department of Labor and Employment Security

17         no longer exists.

18  

19         Section 70.  Subsection (2) of section 443.1215,

20  Florida Statutes, is amended to read:

21         443.1215  Employers.--

22         (2)(a)  In determining whether an employing unit for

23  which service, other than domestic service, is also performed

24  is an employer under paragraph (1)(a) (a), paragraph (1)(b)

25  (b), paragraph (1)(c) (c), or subparagraph (1)(d)1. (d)1., the

26  wages earned or the employment of an employee performing

27  domestic service may not be taken into account.

28         (b)  In determining whether an employing unit for which

29  service, other than agricultural labor, is also performed is

30  an employer under paragraph (1)(a) (a), paragraph (1)(b) (b),

31  paragraph (1)(c) (c), or subparagraph (1)(d)2. (d)1., the


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 1  wages earned or the employment of an employee performing

 2  service in agricultural labor may not be taken into account.

 3  If an employing unit is determined to be an employer of

 4  agricultural labor, the employing unit is considered an

 5  employer for purposes of subsection (1).

 6  

 7         Reviser's note.--Amended to clarify that the

 8         cited paragraphs are within subsection (1), not

 9         subsection (2). Paragraph (2)(b) is also

10         amended to correct an incorrect reference to

11         "subparagraph (d)1." that was correct in the

12         previous version of this material (in s.

13         443.036, 2002 Florida Statutes) and to conform

14         to context.

15  

16         Section 71.  Section 455.2125, Florida Statutes, is

17  amended to read:

18         455.2125  Consultation with postsecondary education

19  boards prior to adoption of changes to training

20  requirements.--Any state agency or board that has jurisdiction

21  over the regulation of a profession or occupation shall

22  consult with the Commission for Independent Education State

23  Board of Independent Colleges and Universities, the State

24  Board of Nonpublic Career Education, the Board of Regents, and

25  the State Board of Community Colleges prior to adopting any

26  changes to training requirements relating to entry into the

27  profession or occupation. This consultation must allow the

28  educational board to provide advice regarding the impact of

29  the proposed changes in terms of the length of time necessary

30  to complete the training program and the fiscal impact of the

31  changes. The educational board must be consulted only when an


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 1  institution offering the training program falls under its

 2  jurisdiction.

 3  

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

 5         facilitate correct interpretation. Section

 6         246.031, which created the State Board of

 7         Independent Colleges and Universities, was

 8         repealed by s. 1058, ch. 2002-387, Laws of

 9         Florida. The Commission for Independent

10         Education, established in s. 1005.21, regulates

11         independent postsecondary institutions under s.

12         1005.22. Section 246.205, which established the

13         State Board of Nonpublic Career Education, was

14         repealed by s. 1058, ch. 2002-387.

15  

16         Section 72.  Section 456.028, Florida Statutes, is

17  amended to read:

18         456.028  Consultation with postsecondary education

19  boards prior to adoption of changes to training

20  requirements.--Any state agency or board that has jurisdiction

21  over the regulation of a profession or occupation shall

22  consult with the Commission for Independent Education State

23  Board of Independent Colleges and Universities, the State

24  Board of Nonpublic Career Education, the Board of Regents, and

25  the State Board of Community Colleges prior to adopting any

26  changes to training requirements relating to entry into the

27  profession or occupation. This consultation must allow the

28  educational board to provide advice regarding the impact of

29  the proposed changes in terms of the length of time necessary

30  to complete the training program and the fiscal impact of the

31  changes. The educational board must be consulted only when an


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 1  institution offering the training program falls under its

 2  jurisdiction.

 3  

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

 5         facilitate correct interpretation. Section

 6         246.031, which created the State Board of

 7         Independent Colleges and Universities, was

 8         repealed by s. 1058, ch. 2002-387, Laws of

 9         Florida. The Commission for Independent

10         Education, established in s. 1005.21, regulates

11         independent postsecondary institutions under s.

12         1005.22. Section 246.205, which established the

13         State Board of Nonpublic Career Education, was

14         repealed by s. 1058, ch. 2002-387.

15  

16         Section 73.  Paragraph (a) of subsection (2) of section

17  456.048, Florida Statutes, is amended to read:

18         456.048  Financial responsibility requirements for

19  certain health care practitioners.--

20         (2)  The board or department may grant exemptions upon

21  application by practitioners meeting any of the following

22  criteria:

23         (a)  Any person licensed under chapter 457, chapter

24  460, chapter 461, s. 464.012, chapter 466, or chapter 467 who

25  practices exclusively as an officer, employee, or agent of the

26  Federal Government or of the state or its agencies or its

27  subdivisions.  For the purposes of this subsection, an agent

28  of the state, its agencies, or its subdivisions is a person

29  who is eligible for coverage under any self-insurance or

30  insurance program authorized by the provisions of s.

31  


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 1  768.28(16) 768.28(15) or who is a volunteer under s.

 2  110.501(1).

 3  

 4         Reviser's note.--Amended to conform to the

 5         redesignation of s. 768.28(15) as s. 768.28(16)

 6         by s. 67, ch. 2003-416, Laws of Florida.

 7  

 8         Section 74.  Subsection (1) of section 456.051, Florida

 9  Statutes, is amended to read:

10         456.051  Reports of professional liability actions;

11  bankruptcies; Department of Health's responsibility to

12  provide.--

13         (1)  The report of a claim or action for damages for

14  personal injury which is required to be provided to the

15  Department of Health under s. 456.049 or s. 627.912 is public

16  information except for the name of the claimant or injured

17  person, which remains confidential as provided in s. ss.

18  456.049(2)(d) and 627.912(2)(e). The Department of Health

19  shall, upon request, make such report available to any person.

20  The department shall make such report available as a part of

21  the practitioner's profile within 30 calendar days after

22  receipt.

23  

24         Reviser's note.--Amended to conform to the

25         repeal of s. 456.049(2)(d) by s. 16, ch.

26         2003-416, Laws of Florida.

27  

28         Section 75.  Paragraphs (a) and (f) of subsection (5)

29  of section 458.320, Florida Statutes, are amended to read:

30         458.320  Financial responsibility.--

31  


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 1         (5)  The requirements of subsections (1), (2), and (3)

 2  do not apply to:

 3         (a)  Any person licensed under this chapter who

 4  practices medicine exclusively as an officer, employee, or

 5  agent of the Federal Government or of the state or its

 6  agencies or its subdivisions. For the purposes of this

 7  subsection, an agent of the state, its agencies, or its

 8  subdivisions is a person who is eligible for coverage under

 9  any self-insurance or insurance program authorized by the

10  provisions of s. 768.28(16) 768.28(15).

11         (f)  Any person holding an active license under this

12  chapter who meets all of the following criteria:

13         1.  The licensee has held an active license to practice

14  in this state or another state or some combination thereof for

15  more than 15 years.

16         2.  The licensee has either retired from the practice

17  of medicine or maintains a part-time practice of no more than

18  1,000 patient contact hours per year.

19         3.  The licensee has had no more than two claims for

20  medical malpractice resulting in an indemnity exceeding

21  $25,000 within the previous 5-year period.

22         4.  The licensee has not been convicted of, or pled

23  guilty or nolo contendere to, any criminal violation specified

24  in this chapter or the medical practice act of any other

25  state.

26         5.  The licensee has not been subject within the last

27  10 years of practice to license revocation or suspension for

28  any period of time; probation for a period of 3 years or

29  longer; or a fine of $500 or more for a violation of this

30  chapter or the medical practice act of another jurisdiction.

31  The regulatory agency's acceptance of a physician's


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 1  relinquishment of a license, stipulation, consent order, or

 2  other settlement, offered in response to or in anticipation of

 3  the filing of administrative charges against the physician's

 4  license, constitutes action against the physician's license

 5  for the purposes of this paragraph.

 6         6.  The licensee has submitted a form supplying

 7  necessary information as required by the department and an

 8  affidavit affirming compliance with this paragraph.

 9         7.  The licensee must submit biennially to the

10  department certification stating compliance with the

11  provisions of this paragraph. The licensee must, upon request,

12  demonstrate to the department information verifying compliance

13  with this paragraph.

14  

15  A licensee who meets the requirements of this paragraph must

16  post notice in the form of a sign prominently displayed in the

17  reception area and clearly noticeable by all patients or

18  provide a written statement to any person to whom medical

19  services are being provided. The sign or statement must read

20  as follows that: "Under Florida law, physicians are generally

21  required to carry medical malpractice insurance or otherwise

22  demonstrate financial responsibility to cover potential claims

23  for medical malpractice. However, certain part-time physicians

24  who meet state requirements are exempt from the financial

25  responsibility law. YOUR DOCTOR MEETS THESE REQUIREMENTS AND

26  HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE.  This

27  notice is provided pursuant to Florida law."

28  

29         Reviser's note.--Paragraph (5)(a) is amended to

30         conform to the redesignation of s. 768.28(15)

31         as s. 768.28(16) by s. 67, ch. 2003-416, Laws


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 1         of Florida. Paragraph (5)(f) is amended to

 2         improve clarity and facilitate correct

 3         interpretation.

 4  

 5         Section 76.  Paragraph (b) of subsection (7) of section

 6  458.347, Florida Statutes, is amended to read:

 7         458.347  Physician assistants.--

 8         (7)  PHYSICIAN ASSISTANT LICENSURE.--

 9         (b)1.  Notwithstanding subparagraph (a)2. and

10  sub-subparagraph (a)3.a., the department shall examine each

11  applicant who the Board of Medicine certifies:

12         a.  Has completed the application form and remitted a

13  nonrefundable application fee not to exceed $500 and an

14  examination fee not to exceed $300, plus the actual cost to

15  the department to provide the examination. The examination fee

16  is refundable if the applicant is found to be ineligible to

17  take the examination. The department shall not require the

18  applicant to pass a separate practical component of the

19  examination. For examinations given after July 1, 1998,

20  competencies measured through practical examinations shall be

21  incorporated into the written examination through a

22  multiple-choice format. The department shall translate the

23  examination into the native language of any applicant who

24  requests and agrees to pay all costs of such translation,

25  provided that the translation request is filed with the board

26  office no later than 9 months before the scheduled examination

27  and the applicant remits translation fees as specified by the

28  department no later than 6 months before the scheduled

29  examination, and provided that the applicant demonstrates to

30  the department the ability to communicate orally in basic

31  English. If the applicant is unable to pay translation costs,


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 1  the applicant may take the next available examination in

 2  English if the applicant submits a request in writing by the

 3  application deadline and if the applicant is otherwise

 4  eligible under this section. To demonstrate the ability to

 5  communicate orally in basic English, a passing score or grade

 6  is required, as determined by the department or organization

 7  that developed it, on the test for spoken English (TSE) by the

 8  Educational Testing Service (ETS), the test of English as a

 9  foreign language (TOEFL) by ETS, a high school or college

10  level English course, or the English examination for

11  citizenship, Bureau of Citizenship and Immigration Services

12  Immigration and Naturalization Service. A notarized copy of an

13  Educational Commission for Foreign Medical Graduates (ECFMG)

14  certificate may also be used to demonstrate the ability to

15  communicate in basic English; and

16         b.(I)  Is an unlicensed physician who graduated from a

17  foreign medical school listed with the World Health

18  Organization who has not previously taken and failed the

19  examination of the National Commission on Certification of

20  Physician Assistants and who has been certified by the Board

21  of Medicine as having met the requirements for licensure as a

22  medical doctor by examination as set forth in s. 458.311(1),

23  (3), (4), and (5), with the exception that the applicant is

24  not required to have completed an approved residency of at

25  least 1 year and the applicant is not required to have passed

26  the licensing examination specified under s. 458.311 or hold a

27  valid, active certificate issued by the Educational Commission

28  for Foreign Medical Graduates; was eligible and made initial

29  application for certification as a physician assistant in this

30  state between July 1, 1990, and June 30, 1991; and was a

31  resident of this state on July 1, 1990, or was licensed or


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 1  certified in any state in the United States as a physician

 2  assistant on July 1, 1990; or

 3         (II)  Completed all coursework requirements of the

 4  Master of Medical Science Physician Assistant Program offered

 5  through the Florida College of Physician's Assistants prior to

 6  its closure in August of 1996. Prior to taking the

 7  examination, such applicant must successfully complete any

 8  clinical rotations that were not completed under such program

 9  prior to its termination and any additional clinical rotations

10  with an appropriate physician assistant preceptor, not to

11  exceed 6 months, that are determined necessary by the council.

12  The boards shall determine, based on recommendations from the

13  council, the facilities under which such incomplete or

14  additional clinical rotations may be completed and shall also

15  determine what constitutes successful completion thereof,

16  provided such requirements are comparable to those established

17  by accredited physician assistant programs. This

18  sub-sub-subparagraph is repealed July 1, 2001.

19         2.  The department may grant temporary licensure to an

20  applicant who meets the requirements of subparagraph 1.

21  Between meetings of the council, the department may grant

22  temporary licensure to practice based on the completion of all

23  temporary licensure requirements. All such administratively

24  issued licenses shall be reviewed and acted on at the next

25  regular meeting of the council. A temporary license expires 30

26  days after receipt and notice of scores to the licenseholder

27  from the first available examination specified in subparagraph

28  1. following licensure by the department. An applicant who

29  fails the proficiency examination is no longer temporarily

30  licensed, but may apply for a one-time extension of temporary

31  licensure after reapplying for the next available examination.


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 1  Extended licensure shall expire upon failure of the

 2  licenseholder to sit for the next available examination or

 3  upon receipt and notice of scores to the licenseholder from

 4  such examination.

 5         3.  Notwithstanding any other provision of law, the

 6  examination specified pursuant to subparagraph 1. shall be

 7  administered by the department only five times. Applicants

 8  certified by the board for examination shall receive at least

 9  6 months' notice of eligibility prior to the administration of

10  the initial examination. Subsequent examinations shall be

11  administered at 1-year intervals following the reporting of

12  the scores of the first and subsequent examinations. For the

13  purposes of this paragraph, the department may develop,

14  contract for the development of, purchase, or approve an

15  examination that adequately measures an applicant's ability to

16  practice with reasonable skill and safety. The minimum passing

17  score on the examination shall be established by the

18  department, with the advice of the board. Those applicants

19  failing to pass that examination or any subsequent examination

20  shall receive notice of the administration of the next

21  examination with the notice of scores following such

22  examination. Any applicant who passes the examination and

23  meets the requirements of this section shall be licensed as a

24  physician assistant with all rights defined thereby.

25  

26         Reviser's note.--Amended to conform to the

27         redesignation of the Immigration and

28         Naturalization Service pursuant to its transfer

29         to the Department of Homeland Security by s.

30         451, Pub. L. No. 107-296.

31  


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 1         Section 77.  Paragraph (a) of subsection (5) of section

 2  459.0085, Florida Statutes, is amended to read:

 3         459.0085  Financial responsibility.--

 4         (5)  The requirements of subsections (1), (2), and (3)

 5  do not apply to:

 6         (a)  Any person licensed under this chapter who

 7  practices medicine exclusively as an officer, employee, or

 8  agent of the Federal Government or of the state or its

 9  agencies or its subdivisions.  For the purposes of this

10  subsection, an agent of the state, its agencies, or its

11  subdivisions is a person who is eligible for coverage under

12  any self-insurance or insurance program authorized by the

13  provisions of s. 768.28(16) 768.28(15).

14  

15         Reviser's note.--Amended to conform to the

16         redesignation of s. 768.28(15) as s. 768.28(16)

17         by s. 67, ch. 2003-416, Laws of Florida.

18  

19         Section 78.  Paragraph (j) of subsection (1) of section

20  475.01, Florida Statutes, is amended to read:

21         475.01  Definitions.--

22         (1)  As used in this part:

23         (j)  "Sales associate" means a person who performs any

24  act specified in the definition of "broker," but who performs

25  such act under the direction, control, or management of

26  another person. A sales associate salesperson renders a

27  professional service and is a professional within the meaning

28  of s. 95.11(4)(a).

29  

30  

31  


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 1         Reviser's note.--Amended to conform to s. 22,

 2         ch. 2003-164, Laws of Florida, which

 3         redesignated salespersons as sales associates.

 4  

 5         Section 79.  Paragraph (c) of subsection (2), paragraph

 6  (c) of subsection (3), and paragraph (c) of subsection (4) of

 7  section 475.278, Florida Statutes, are amended to read:

 8         475.278  Authorized brokerage relationships;

 9  presumption of transaction brokerage; required disclosures.--

10         (2)  TRANSACTION BROKER RELATIONSHIP.--

11         (c)  Contents of disclosure.--The required notice given

12  under paragraph (b) must include the following information in

13  the following form:

14  

15                         IMPORTANT NOTICE

16  

17  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS

18  NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.

19  

20  You should not assume that any real estate broker or sales

21  associate salesperson represents you unless you agree to

22  engage a real estate licensee in an authorized brokerage

23  relationship, either as a single agent or as a transaction

24  broker. You are advised not to disclose any information you

25  want to be held in confidence until you make a decision on

26  representation.

27  

28                    TRANSACTION BROKER NOTICE

29  

30  

31  


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 1  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS

 2  TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE

 3  AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION.

 4  

 5  As a transaction broker, ...(insert name of Real Estate Firm

 6  and its Associates)..., provides to you a limited form of

 7  representation that includes the following duties:

 8         1.  Dealing honestly and fairly;

 9         2.  Accounting for all funds;

10         3.  Using skill, care, and diligence in the

11  transaction;

12         4.  Disclosing all known facts that materially affect

13  the value of residential real property and are not readily

14  observable to the buyer;

15         5.  Presenting all offers and counteroffers in a timely

16  manner, unless a party has previously directed the licensee

17  otherwise in writing;

18         6.  Limited confidentiality, unless waived in writing

19  by a party. This limited confidentiality will prevent

20  disclosure that the seller will accept a price less than the

21  asking or listed price, that the buyer will pay a price

22  greater than the price submitted in a written offer, of the

23  motivation of any party for selling or buying property, that a

24  seller or buyer will agree to financing terms other than those

25  offered, or of any other information requested by a party to

26  remain confidential; and

27         7.  Any additional duties that are entered into by this

28  or by separate written agreement.

29  

30  Limited representation means that a buyer or seller is not

31  responsible for the acts of the licensee. Additionally,


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 1  parties are giving up their rights to the undivided loyalty of

 2  the licensee. This aspect of limited representation allows a

 3  licensee to facilitate a real estate transaction by assisting

 4  both the buyer and the seller, but a licensee will not work to

 5  represent one party to the detriment of the other party when

 6  acting as a transaction broker to both parties.

 7  

 8                               

 9  ........                     ..............................

10  Date                         Signature

11    

12                               ..............................

13                               Signature

14                               

15  This paragraph expires July 1, 2008.

16         (3)  SINGLE AGENT RELATIONSHIP.--

17         (c)  Contents of disclosure.--

18         1.  Single agent duties disclosure.--The notice

19  required under subparagraph (b)1. must include the following

20  information in the following form:

21  

22                         IMPORTANT NOTICE

23  

24  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS

25  NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.

26  

27  You should not assume that any real estate broker or sales

28  associate salesperson represents you unless you agree to

29  engage a real estate licensee in an authorized brokerage

30  relationship, either as a single agent or as a transaction

31  broker. You are advised not to disclose any information you


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 1  want to be held in confidence until you make a decision on

 2  representation.

 3  

 4                       SINGLE AGENT NOTICE

 5  

 6  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS

 7  SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.

 8  

 9         As a single agent, ...(insert name of Real Estate

10  Entity and its Associates)... owe to you the following duties:

11         1.  Dealing honestly and fairly;

12         2.  Loyalty;

13         3.  Confidentiality;

14         4.  Obedience;

15         5.  Full disclosure;

16         6.  Accounting for all funds;

17         7.  Skill, care, and diligence in the transaction;

18         8.  Presenting all offers and counteroffers in a timely

19  manner, unless a party has previously directed the licensee

20  otherwise in writing; and

21         9.  Disclosing all known facts that materially affect

22  the value of residential real property and are not readily

23  observable.

24  

25                               

26  ............                 ..............................

27  Date                         Signature

28  

29         2.  Transition disclosure.--To gain the principal's

30  written consent to a change in relationship, a licensee must

31  use the following disclosure:


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 1  

 2                     CONSENT TO TRANSITION TO

 3                        TRANSACTION BROKER

 4  

 5  FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER

 6  OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT

 7  RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER

 8  FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE

 9  TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO

10  BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP

11  CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT.

12  

13  As a transaction broker, ...(insert name of Real Estate Firm

14  and its Associates)..., provides to you a limited form of

15  representation that includes the following duties:

16         1.  Dealing honestly and fairly;

17         2.  Accounting for all funds;

18         3.  Using skill, care, and diligence in the

19  transaction;

20         4.  Disclosing all known facts that materially affect

21  the value of residential real property and are not readily

22  observable to the buyer;

23         5.  Presenting all offers and counteroffers in a timely

24  manner, unless a party has previously directed the licensee

25  otherwise in writing;

26         6.  Limited confidentiality, unless waived in writing

27  by a party. This limited confidentiality will prevent

28  disclosure that the seller will accept a price less than the

29  asking or listed price, that the buyer will pay a price

30  greater than the price submitted in a written offer, of the

31  motivation of any party for selling or buying property, that a


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 1  seller or buyer will agree to financing terms other than those

 2  offered, or of any other information requested by a party to

 3  remain confidential; and

 4         7.  Any additional duties that are entered into by this

 5  or by separate written agreement.

 6  

 7  Limited representation means that a buyer or seller is not

 8  responsible for the acts of the licensee. Additionally,

 9  parties are giving up their rights to the undivided loyalty of

10  the licensee. This aspect of limited representation allows a

11  licensee to facilitate a real estate transaction by assisting

12  both the buyer and the seller, but a licensee will not work to

13  represent one party to the detriment of the other party when

14  acting as a transaction broker to both parties.

15  

16  ................I agree that my agent may assume the role and

17  duties of a transaction broker. [must be initialed or signed]

18         (4)  NO BROKERAGE RELATIONSHIP.--

19         (c)  Contents of disclosure.--The notice required under

20  paragraph (b) must include the following information in the

21  following form:

22  

23                         IMPORTANT NOTICE

24  

25  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS

26  NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.

27  

28  You should not assume that any real estate broker or sales

29  associate salesperson represents you unless you agree to

30  engage a real estate licensee in an authorized brokerage

31  relationship, either as a single agent or as a transaction


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 1  broker. You are advised not to disclose any information you

 2  want to be held in confidence until you decide on

 3  representation.

 4  

 5                 NO BROKERAGE RELATIONSHIP NOTICE

 6  

 7  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO

 8  BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER

 9  DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS.

10  

11         As a real estate licensee who has no brokerage

12  relationship with you, ...(insert name of Real Estate Entity

13  and its Associates)... owe to you the following duties:

14  

15         1.  Dealing honestly and fairly;

16         2.  Disclosing all known facts that materially affect

17  the value of residential real property which are not readily

18  observable to the buyer.

19         3.  Accounting for all funds entrusted to the licensee.

20  

21  ...(Date)...                                 ...(Signature)...

22  

23  

24         Reviser's note.--Amended to conform to s. 22,

25         ch. 2003-164, Laws of Florida, which

26         redesignated salespersons as sales associates.

27  

28         Section 80.  Paragraph (f) of subsection (1) and

29  subsection (2) of section 475.611, Florida Statutes, are

30  amended to read:

31         475.611  Definitions.--


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 1         (1)  As used in this part, the term:

 2         (f)  "Appraiser" means any person who is a registered

 3  trainee assistant real estate appraiser, licensed real estate

 4  appraiser, or a certified real estate appraiser.  An appraiser

 5  renders a professional service and is a professional within

 6  the meaning of s. 95.11(4)(a).

 7         (2)  Wherever the word "operate" or "operating" appears

 8  in this part with respect to a registered trainee assistant

 9  appraiser, licensed appraiser, or certified appraiser; in any

10  order, rule, or regulation of the board; in any pleading,

11  indictment, or information under this part; in any court

12  action or proceeding; or in any order or judgment of a court,

13  it shall be deemed to mean the commission of one or more acts

14  described in this part as constituting or defining a

15  registered trainee appraiser, licensed appraiser, or certified

16  appraiser, not including, however, any of the exceptions

17  stated therein. A single act is sufficient to bring a person

18  within the meaning of this subsection, and each act, if

19  prohibited herein, constitutes a separate offense.

20  

21         Reviser's note.--Amended to conform to the

22         redesignation of registered assistant

23         appraisers as registered trainee appraisers by

24         s. 3, ch. 2003-164, Laws of Florida.

25  

26         Section 81.  Subsection (1) of section 475.6221,

27  Florida Statutes, is amended to read:

28         475.6221  Employment of registered trainee real estate

29  appraisers.--

30         (1)  A registered trainee real estate appraiser must

31  perform appraisal services under the direct supervision of a


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 1  licensed or certified appraiser who is designated as the

 2  primary supervisory appraiser. The primary supervisory

 3  appraiser may also designate additional licensed or certified

 4  appraisers as secondary supervisory appraisers. A secondary

 5  supervisory appraiser must be affiliated with the same firm or

 6  business as the primary supervisory appraiser and the primary

 7  or secondary supervisory appraiser must have the same business

 8  address as the registered trainee assistant real estate

 9  appraiser. The primary supervisory appraiser must notify the

10  Division of Real Estate of the name and address of any primary

11  and secondary supervisory appraiser for whom the registered

12  trainee will perform appraisal services, and must also notify

13  the division within 10 days after terminating such

14  relationship. Termination of the relationship with a primary

15  supervisory appraiser automatically terminates the

16  relationship with the secondary supervisory appraiser.

17  

18         Reviser's note.--Amended to conform to the

19         redesignation of registered assistant

20         appraisers as registered trainee appraisers by

21         s. 3, ch. 2003-164, Laws of Florida.

22  

23         Section 82.  Subsection (2) of section 487.046, Florida

24  Statutes, is amended to read:

25         487.046  Application; licensure.--

26         (2)  If the department finds the applicant qualified in

27  the classification for which the applicant has applied, and if

28  the applicant applying for a license to engage in aerial

29  application of pesticides has met all of the requirements of

30  the Federal Aviation Administration Agency and the Department

31  of Transportation of this state to operate the equipment


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 1  described in the application and has shown proof of liability

 2  insurance or posted a surety bond in an amount to be set forth

 3  by rule of the department, the department shall issue a

 4  certified applicator's license, limited to the classifications

 5  for which the applicant is qualified. The license shall expire

 6  as required by rules promulgated under this chapter, unless it

 7  has been revoked or suspended by the department prior to

 8  expiration, for cause as provided in this chapter. The license

 9  or authorization card issued by the department verifying

10  licensure shall be kept on the person of the licensee while

11  performing work as a licensed applicator.

12  

13         Reviser's note.--Amended to conform to the

14         correct title of the United State Federal

15         Aviation Administration.

16  

17         Section 83.  Paragraph (f) of subsection (1) of section

18  493.6106, Florida Statutes, is amended to read:

19         493.6106  License requirements; posting.--

20         (1)  Each individual licensed by the department must:

21         (f)  Be a citizen or legal resident alien of the United

22  States or have been granted authorization to seek employment

23  in this country by the United States Bureau of Citizenship and

24  Immigration Services Immigration and Naturalization Service.

25  

26         Reviser's note.--Amended to conform to the

27         redesignation of the Immigration and

28         Naturalization Service pursuant to its transfer

29         to the Department of Homeland Security by s.

30         451, Pub. L. No. 107-296.

31  


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 1         Section 84.  Section 499.007, Florida Statutes, is

 2  reenacted to read:

 3         499.007  Misbranded drug or device.--A drug or device

 4  is misbranded:

 5         (1)  If its labeling is in any way false or misleading.

 6         (2)  Unless, if in package form, it bears a label

 7  containing:

 8         (a)  The name and place of business of the

 9  manufacturer, repackager, or distributor of the finished

10  dosage form of the drug.  For the purpose of this paragraph,

11  the finished dosage form of a medicinal drug is that form of

12  the drug which is, or is intended to be, dispensed or

13  administered to the patient and requires no further

14  manufacturing or processing other than packaging,

15  reconstitution, and labeling; and

16         (b)  An accurate statement of the quantity of the

17  contents in terms of weight, measure, or numerical count;

18  however, under this section, reasonable variations are

19  permitted, and the department shall establish by rule

20  exemptions for small packages.

21         (3)  If any word, statement, or other information

22  required by or under ss. 499.001-499.081 to appear on the

23  label or labeling is not prominently placed thereon with such

24  conspicuousness as compared with other words, statements,

25  designs, or devices in the labeling, and in such terms, as to

26  render the word, statement, or other information likely to be

27  read and understood under customary conditions of purchase and

28  use.

29         (4)  If it is a drug and is not designated solely by a

30  name recognized in an official compendium, unless its label

31  bears:


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 1         (a)  The common or usual name of the drug, if any; and

 2         (b)  In case it is fabricated from two or more

 3  ingredients, the common or usual name and quantity of each

 4  active ingredient.

 5         (5)  Unless its labeling bears:

 6         (a)  Adequate directions for use; and

 7         (b)  Adequate warnings against use in those

 8  pathological conditions in which its use may be dangerous to

 9  health or against use by children if its use may be dangerous

10  to health, or against unsafe dosage or methods or duration of

11  administration or application, in such manner and form as are

12  necessary for the protection of users.

13         (6)  If it purports to be a drug the name of which is

14  recognized in the official compendium, unless it is packaged

15  and labeled as prescribed therein; however, the method of

16  packaging may be modified with the consent of the department.

17         (7)  If it has been found by the department to be a

18  drug liable to deterioration, unless it is packaged in such

19  form and manner, and its label bears a statement of such

20  precautions, as the department by rule requires as necessary

21  to protect the public health.  Such rule may not be

22  established for any drug recognized in an official compendium

23  until the department has informed the appropriate body charged

24  with the revision of such compendium of the need for such

25  packaging or labeling requirements and that body has failed

26  within a reasonable time to prescribe such requirements.

27         (8)  If it is:

28         (a)  A drug and its container or finished dosage form

29  is so made, formed, or filled as to be misleading;

30         (b)  An imitation of another drug; or

31         (c)  Offered for sale under the name of another drug.


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 1         (9)  If it is dangerous to health when used in the

 2  dosage or with the frequency or duration prescribed,

 3  recommended, or suggested in the labeling of the drug.

 4         (10)  If it is, purports to be, or is represented as a

 5  drug composed wholly or partly of insulin, unless:

 6         (a)  It is from a batch with respect to which a

 7  certificate has been issued pursuant to s. 506 of the federal

 8  act; and

 9         (b)  The certificate is in effect with respect to the

10  drug.

11         (11)  If it is, purports to be, or is represented as a

12  drug composed wholly or partly of any kind of antibiotic

13  requiring certification under the federal act unless:

14         (a)  It is from a batch with respect to which a

15  certificate has been issued pursuant to s. 507 of the federal

16  act; and

17         (b)  The certificate is in effect with respect to the

18  drug;

19  

20  however, this subsection does not apply to any drug or class

21  of drugs exempted by regulations adopted under s. 507(c) or

22  (d) of the federal act.

23         (12)  If it is a drug intended for use by humans which

24  is a habit-forming drug or which, because of its toxicity or

25  other potentiality for harmful effect, or the method of its

26  use, or the collateral measures necessary to its use, is not

27  safe for use except under the supervision of a practitioner

28  licensed by law to administer such drugs; or which is limited

29  by an effective application under s. 505 of the federal act to

30  use under the professional supervision of a practitioner

31  


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 1  licensed by law to prescribe such drug, unless it is dispensed

 2  only:

 3         (a)  Upon the written prescription of a practitioner

 4  licensed by law to prescribe such drug;

 5         (b)  Upon an oral prescription of such practitioner,

 6  which is reduced promptly to writing and filled by the

 7  pharmacist; or

 8         (c)  By refilling any such written or oral

 9  prescription, if such refilling is authorized by the

10  prescriber either in the original prescription or by oral

11  order which is reduced promptly to writing and filled by the

12  pharmacist.

13  

14  This subsection does not relieve any person from any

15  requirement prescribed by law with respect to controlled

16  substances as defined in the applicable federal and state

17  laws.

18         (13)  If it is a drug that is subject to paragraph

19  (12)(a), and if, at any time before it is dispensed, its label

20  fails to bear the statement:

21         (a)  "Caution:  Federal Law Prohibits Dispensing

22  Without Prescription";

23         (b)  "Rx Only";

24         (c)  The prescription symbol followed by the word

25  "Only"; or

26         (d)  "Caution:  State Law Prohibits Dispensing Without

27  Prescription."

28         (14)  If it is a drug that is not subject to paragraph

29  (12)(a), if at any time before it is dispensed its label bears

30  the statement of caution required in subsection (13).

31  


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 1         (15)  If it is a color additive, the intended use of

 2  which in or on drugs is for the purpose of coloring only,

 3  unless its packaging and labeling are in conformity with the

 4  packaging and labeling requirements that apply to such color

 5  additive and are prescribed under the federal act.

 6  

 7  A drug dispensed by filling or refilling a written or oral

 8  prescription of a practitioner licensed by law to prescribe

 9  such drug is exempt from the requirements of this section,

10  except subsections (1), (8), (10), and (11) and the packaging

11  requirements of subsections (6) and (7), if the drug bears a

12  label that contains the name and address of the dispenser or

13  seller, the prescription number and the date the prescription

14  was written or filled, the name of the prescriber and the name

15  of the patient, and the directions for use and cautionary

16  statements.  This exemption does not apply to any drug

17  dispensed in the course of the conduct of a business of

18  dispensing drugs pursuant to diagnosis by mail or to any drug

19  dispensed in violation of subsection (12).  The department

20  may, by rule, exempt drugs subject to ss. 499.062-499.064 from

21  subsection (12) if compliance with that subsection is not

22  necessary to protect the public health, safety, and welfare.

23  

24         Reviser's note.--Section 10, ch. 2003-155, Laws

25         of Florida, amended subsection (2) without

26         publishing the flush left language at the end

27         of the section. Absent affirmative evidence of

28         legislative intent to repeal the flush left

29         language at the end of the section, the section

30         is reenacted to confirm that the omission was

31         not intended.


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 1         Section 85.  Subsection (3) of section 499.01, Florida

 2  Statutes, is amended to read:

 3         499.01  Permits; applications; renewal; general

 4  requirements.--

 5         (3)  Notwithstanding subsection (7), a permitted person

 6  in good standing may change the type of permit issued to that

 7  person by completing a new application for the requested

 8  permit, paying the amount of the difference in the permit fees

 9  if the fee for the new permit is more than the fee for the

10  original permit, and meeting the applicable permitting

11  conditions for the new permit type. The new permit expires on

12  the expiration date of the original permit being changed;

13  however, a new permit for a prescription drug wholesaler, an

14  out-of-state prescription drug wholesaler, or a retail

15  pharmacy drug wholesaler shall expire on the expiration date

16  of the original permit or 1 year after the date of issuance of

17  the new permit, whichever is earlier. A refund may not be

18  issued if the fee for the new permit is less than the fee that

19  was paid for the original permit.

20  

21         Reviser's note.--Amended to facilitate correct

22         interpretation.

23  

24         Section 86.  Paragraph (d) of subsection (6) of section

25  499.0121, Florida Statutes, is amended to read:

26         499.0121  Storage and handling of prescription drugs;

27  recordkeeping.--The department shall adopt rules to implement

28  this section as necessary to protect the public health,

29  safety, and welfare.  Such rules shall include, but not be

30  limited to, requirements for the storage and handling of

31  


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 1  prescription drugs and for the establishment and maintenance

 2  of prescription drug distribution records.

 3         (6)  RECORDKEEPING.--The department shall adopt rules

 4  that require keeping such records of prescription drugs as are

 5  necessary for the protection of the public health.

 6         (d)1.  Each person who is engaged in the wholesale

 7  distribution of a prescription drug, and who is not an

 8  authorized distributor of record for the drug manufacturer's

 9  products, must provide to each wholesale distributor of such

10  drug, before the sale is made to such wholesale distributor, a

11  written statement under oath identifying each previous sale of

12  the drug back to the last authorized distributor of record,

13  the lot number of the drug, and the sales invoice number of

14  the invoice evidencing the sale of the drug. The written

15  statement must accompany the drug to the next wholesale

16  distributor. The department shall adopt rules relating to the

17  requirements of this written statement. This paragraph does

18  not apply to a manufacturer unless the manufacturer is

19  performing the manufacturing operation of repackaging

20  prescription drugs.

21         2.  Each wholesale distributor of prescription drugs

22  must maintain separate and distinct from other required

23  records all statements that are required under subparagraph 1.

24  and paragraph (e).

25         3.  Each manufacturer of a prescription drug sold in

26  this state must maintain at its corporate offices a current

27  list of authorized distributors and must make such list

28  available to the department upon request.

29         4.  Each manufacturer shall file a written list of all

30  of the manufacturer's authorized distributors of record with

31  the department. A manufacturer shall notify the department not


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 1  later than 10 days after any change to the list. The

 2  department shall publish a list of all authorized distributors

 3  of record on its website.

 4         5.  For the purposes of this subsection, the term

 5  "authorized distributors of record" means a wholesale

 6  distributor with whom a manufacturer has established an

 7  ongoing relationship to distribute the manufacturer's

 8  products. Effective March 1, 2004, an ongoing relationship is

 9  deemed to exist when a wholesale distributor, including any

10  affiliated group, as defined in s. 1504 of the Internal

11  Revenue Code, of which the wholesale distributor is a member:

12         a.  Is listed on the manufacturer's current list of

13  authorized distributors of record.

14         b.  Annually purchases not less than 90 percent of all

15  of its purchases of a manufacturer's prescription drug

16  products, based on dollar volume, directly from that

17  manufacturer and has total annual prescription drug sales of

18  $100 million or more.

19         c.  Has reported to the department pursuant to s.

20  499.012(3)(g)2. 499.012(2)(g)2. that the wholesale distributor

21  has total annual prescription drug sales of $100 million or

22  more, and has a verifiable account number issued by the

23  manufacturer authorizing the wholesale distributor to purchase

24  the manufacturer's drug products directly from that

25  manufacturer and that wholesale distributor makes not fewer

26  than 12 purchases of that manufacturer's drug products

27  directly from the manufacturer using said verifiable account

28  number in 12 months. The provisions of this sub-subparagraph

29  apply with respect to a manufacturer that fails to file a copy

30  of the manufacturer's list of authorized distributors of

31  record with the department by July 1, 2003; that files a list


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 1  of authorized distributors of record which contains fewer than

 2  10 wholesale distributors permitted in this state, excluding

 3  the wholesale distributors described in sub-subparagraph b.;

 4  or that, as a result of changes to the list of authorized

 5  distributors of record filed with the department, has fewer

 6  than 10 wholesale distributors permitted in this state as

 7  authorized distributors of record, excluding the wholesale

 8  distributors described in sub-subparagraph b.

 9  

10  A wholesale distributor that satisfies the requirements of

11  sub-subparagraph b. or sub-subparagraph c. shall submit to the

12  department documentation substantiating its qualification

13  pursuant to sub-subparagraph b. or sub-subparagraph c. The

14  department shall add those wholesale distributors that the

15  department has determined have met the requirements of

16  sub-subparagraph b. or sub-subparagraph c. to the list of

17  authorized distributors of record on the department's website.

18         6.  This paragraph expires July 1, 2006.

19  

20         Reviser's note.--Amended to correct an apparent

21         error. Section 499.012(2)(g)2. does not exist,

22         and s. 499.012(3)(g)2. contains contextually

23         consistent material.

24  

25         Section 87.  Paragraph (b) of subsection (2) of section

26  499.0122, Florida Statutes, is amended to read:

27         499.0122  Medical oxygen and veterinary legend drug

28  retail establishments; definitions, permits, general

29  requirements.--

30         (2)  

31  


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 1         (b)  The department shall adopt rules relating to

 2  information required from each retail establishment pursuant

 3  to s. 499.01(4) 499.01(2), including requirements for

 4  prescriptions or orders.

 5  

 6         Reviser's note.--Amended to conform to the

 7         redesignation of s. 499.01(2) as s. 499.01(4)

 8         by s. 12, ch. 2003-155, Laws of Florida.

 9  

10         Section 88.  Paragraph (a) of subsection (1) and

11  subsection (3) of section 499.015, Florida Statutes, are

12  amended to read:

13         499.015  Registration of drugs, devices, and cosmetics;

14  issuance of certificates of free sale.--

15         (1)(a)  Except for those persons exempted from the

16  definition in s. 499.003(28) 499.003(21), any person who

17  manufactures, packages, repackages, labels, or relabels a

18  drug, device, or cosmetic in this state must register such

19  drug, device, or cosmetic biennially with the department; pay

20  a fee in accordance with the fee schedule provided by s.

21  499.041; and comply with this section. The registrant must

22  list each separate and distinct drug, device, or cosmetic at

23  the time of registration.

24         (3)  Except for those persons exempted from the

25  definition in s. 499.003(28) 499.003(21), a person may not

26  sell any product that he or she has failed to register in

27  conformity with this section. Such failure to register

28  subjects such drug, device, or cosmetic product to seizure and

29  condemnation as provided in ss. 499.062-499.064, and subjects

30  such person to the penalties and remedies provided in ss.

31  499.001-499.081.


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 1         Reviser's note.--Amended to conform to the

 2         redesignation of s. 499.003(21) as s.

 3         499.003(28) by s. 3, ch. 2003-155, Laws of

 4         Florida.

 5  

 6         Section 89.  Subsection (1) of section 499.03, Florida

 7  Statutes, is amended to read:

 8         499.03  Possession of new drugs or legend drugs without

 9  prescriptions unlawful; exemptions and exceptions.--

10         (1)  A person may not possess, or possess with intent

11  to sell, dispense, or deliver, any habit-forming, toxic,

12  harmful, or new drug subject to s. 499.003(29) 499.003(22), or

13  legend drug as defined in s. 499.003(25) 499.003(19), unless

14  the possession of the drug has been obtained by a valid

15  prescription of a practitioner licensed by law to prescribe

16  the drug. However, this section does not apply to the delivery

17  of such drugs to persons included in any of the classes named

18  in this subsection, or to the agents or employees of such

19  persons, for use in the usual course of their businesses or

20  practices or in the performance of their official duties, as

21  the case may be; nor does this section apply to the possession

22  of such drugs by those persons or their agents or employees

23  for such use:

24         (a)  A licensed pharmacist or any person under the

25  licensed pharmacist's supervision while acting within the

26  scope of the licensed pharmacist's practice;

27         (b)  A licensed practitioner authorized by law to

28  prescribe legend drugs or any person under the licensed

29  practitioner's supervision while acting within the scope of

30  the licensed practitioner's practice;

31  


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 1         (c)  A qualified person who uses legend drugs for

 2  lawful research, teaching, or testing, and not for resale;

 3         (d)  A licensed hospital or other institution that

 4  procures such drugs for lawful administration or dispensing by

 5  practitioners;

 6         (e)  An officer or employee of a federal, state, or

 7  local government; or

 8         (f)  A person that holds a valid permit issued by the

 9  department pursuant to ss. 499.001-499.081 which authorizes

10  that person to possess prescription drugs.

11  

12         Reviser's note.--Amended to conform to the

13         redesignation of s. 499.003(19) as s.

14         499.003(25) and s. 499.003(22) as s.

15         499.003(29) by s. 3, ch. 2003-155, Laws of

16         Florida.

17  

18         Section 90.  Paragraph (g) of subsection (1) of section

19  499.05, Florida Statutes, is amended to read:

20         499.05  Rules.--

21         (1)  The department shall adopt rules to implement and

22  enforce ss. 499.001-499.081 with respect to:

23         (g)  Inspections and investigations conducted under s.

24  499.051, and the identification of information claimed to be a

25  trade secret and exempt from the public records law as

26  provided in s. 499.051(7) 499.051(5).

27  

28         Reviser's note.--Amended to conform to the

29         redesignation of s. 499.051(5) as s. 499.051(7)

30         by s. 21, ch. 2003-155, Laws of Florida.

31  


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 1         Section 91.  Section 504.011, Florida Statutes, is

 2  amended to read:

 3         504.011  Short title.--This chapter part shall be known

 4  and may be cited as the "Produce Labeling Act of 1979."

 5  

 6         Reviser's note.--Amended to conform to the

 7         arrangement of chapter 504, which is not

 8         divided into parts.

 9  

10         Section 92.  Section 504.014, Florida Statutes, is

11  amended to read:

12         504.014  Enforcement.--The Department of Agriculture

13  and Consumer Services shall be responsible for enforcing the

14  provisions of this chapter part.

15  

16         Reviser's note.--Amended to conform to the

17         arrangement of chapter 504, which is not

18         divided into parts.

19  

20         Section 93.  Subsection (9) of section 517.021, Florida

21  Statutes, is amended to read:

22         517.021  Definitions.--When used in this chapter,

23  unless the context otherwise indicates, the following terms

24  have the following respective meanings:

25         (9)  "Federal covered adviser" means a person who is

26  registered or required to be registered under s. 203 of the

27  Investment Advisers Act of 1940. The term "federal covered

28  adviser" does not include any person who is excluded from the

29  definition of investment adviser under subparagraphs

30  (13)(b)1.-8 (12)(b)1.-8.

31  


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 1         Reviser's note.--Amended to conform to the

 2         redesignation of subsection (12) as subsection

 3         (13) by s. 583, ch. 2003-261, Laws of Florida.

 4  

 5         Section 94.  Subsection (5) of section 538.18, Florida

 6  Statutes, is amended to read:

 7         538.18  Definitions.--As used in this part, the term:

 8         (5)  "Personal identification card" means a driver's

 9  license or identification card issued by the Department of

10  Highway Safety and Motor Vehicles under s. 322.03 or s.

11  322.051, or a similar card issued by another state, a military

12  identification card, a passport, or an appropriate work

13  authorization issued by the United States Bureau of

14  Citizenship and Immigration Services Immigration and

15  Naturalization Service.

16  

17         Reviser's note.--Amended to conform to the

18         redesignation of the Immigration and

19         Naturalization Service pursuant to its transfer

20         to the Department of Homeland Security by s.

21         451, Pub. L. No. 107-296.

22  

23         Section 95.  Subsections (1) and (3) of section 552.40,

24  Florida Statutes, are amended to read:

25         552.40  Administrative remedy for alleged damage due to

26  the use of explosives in connection with construction

27  materials mining activities.--

28         (1)  A person may initiate an administrative proceeding

29  to recover damages resulting from the use of explosives in

30  connection with construction materials mining activities by

31  filing a petition with the Division of Administrative Hearings


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 1  on a form provided by it the division and accompanied by a

 2  filing fee of $100 within 180 days after the occurrence of the

 3  alleged damage. If the petitioner submits an affidavit stating

 4  that the petitioner's annual income is less than 150 percent

 5  of the applicable federal poverty guideline published in the

 6  Federal Register by the United States Department of Health and

 7  Human Services, the $100 filing fee must be waived.

 8         (3)  Within 5 business days after the Division of

 9  Administrative Hearings receives a petition, it the division

10  shall issue and serve on the petitioner and the respondent an

11  initial order that assigns the case to a specific

12  administrative law judge and provides general information

13  regarding the practice and procedure before the Division of

14  Administrative Hearings. The initial order must advise that a

15  summary hearing is available upon the agreement of the parties

16  under subsection (6) and must briefly describe the expedited

17  time sequences, limited discovery, and final order provisions

18  of the summary procedure. The initial order must also contain

19  a statement advising the petitioner and the respondent that a

20  mandatory, nonbinding mediation is required before a summary

21  administrative hearing or a formal administrative hearing may

22  be held.

23  

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

25         facilitate correct interpretation.

26  

27         Section 96.  Subsection (9) of section 565.02, Florida

28  Statutes, is amended to read:

29         565.02  License fees; vendors; clubs; caterers; and

30  others.--

31  


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 1         (9)  It is the finding of the Legislature that

 2  passenger vessels engaged exclusively in foreign commerce are

 3  susceptible to a distinct and separate classification for

 4  purposes of the sale of alcoholic beverages under the Beverage

 5  Law.  Upon the filing of an application and payment of an

 6  annual fee of $1,100, the director is authorized to issue a

 7  permit authorizing the operator, or, if applicable, his or her

 8  concessionaire, of a passenger vessel which has cabin-berth

 9  capacity for at least 75 passengers, and which is engaged

10  exclusively in foreign commerce, to sell alcoholic beverages

11  on the vessel for consumption on board only:

12         (a)  During a period not in excess of 24 hours prior to

13  departure while the vessel is moored at a dock or wharf in a

14  port of this state; or

15         (b)  At any time while the vessel is located in Florida

16  territorial waters and is in transit to or from international

17  waters.

18  

19  One such permit shall be required for each such vessel and

20  shall name the vessel for which it is issued. No license shall

21  be required or tax levied by any municipality or county for

22  the privilege of selling beverages for consumption on board

23  such vessels. The beverages so sold may be purchased outside

24  the state by the permittee, and the same shall not be

25  considered as imported for the purposes of s. 561.14(3) solely

26  because of such sale. The permittee is not required to obtain

27  its beverages from licensees under the Beverage Law, but it

28  shall keep a strict account of all such beverages sold within

29  this state and shall make monthly reports to the division on

30  forms prepared and furnished by the division. A permittee who

31  sells on board the vessel beverages withdrawn from United


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 1  States Bureau of Customs and Border Protection Customs Service

 2  bonded storage on board the vessel may satisfy such accounting

 3  requirement by supplying the division with copies of the

 4  appropriate United States Bureau of Customs and Border

 5  Protection Customs Service forms evidencing such withdrawals

 6  as importations under United States customs laws. Such

 7  permittee shall pay to the state an excise tax for beverages

 8  sold pursuant to this section, if such excise tax has not

 9  previously been paid, in an amount equal to the tax which

10  would be required to be paid on such sales by a licensed

11  manufacturer or distributor. A vendor holding such permit

12  shall pay the tax monthly to the division at the same time he

13  or she furnishes the required report. Such report shall be

14  filed on or before the 15th day of each month for the sales

15  occurring during the previous calendar month.

16  

17         Reviser's note.--Amended to conform to the

18         redesignation of the United States Customs

19         Service pursuant to its transfer to the

20         Department of Homeland Security by s. 403, Pub.

21         L. No. 107-296.

22  

23         Section 97.  Subsection (1) of section 601.48, Florida

24  Statutes, is amended to read:

25         601.48  Grading processed citrus products.--

26         (1)  If such processed citrus products meet the

27  requirements of the two highest grades as established by the

28  Department of Citrus or, at the option of the processor, the

29  two highest grades established by the United States Department

30  of Agriculture, the processor shall have the privilege, in

31  lieu of the grade declaration requirements of subsection (1),


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 1  of using labels, brands, or trademarks properly registered

 2  with the Department of Citrus, as provided in subsection (2)

 3  (3), to represent state or U.S. grades.

 4  

 5         Reviser's note.--Amended to conform to the

 6         repeal of former subsection (1), relating to

 7         inspection and grading of processed citrus

 8         products, by s. 52, ch. 2001-279, Laws of

 9         Florida, and to the redesignation of former

10         subsection (3) as subsection (2) to conform to

11         that repeal.

12  

13         Section 98.  Subsection (1) of section 607.1331,

14  Florida Statutes, is amended to read:

15         607.1331  Court costs and counsel fees.--

16         (1)  The court in an appraisal proceeding commenced

17  under s. 607.1330 shall determine all costs of the proceeding,

18  including the reasonable compensation and expenses of

19  appraisers appointed by the court. The court shall assess the

20  costs against the corporation, except that the court may

21  assess costs against all or some of the shareholders demanding

22  appraisal, in amounts the court finds equitable, to the extent

23  the court finds such shareholders acted arbitrarily,

24  vexatiously, or not in good faith with respect to the rights

25  provided by this chapter.

26  

27         Reviser's note.--Amended to facilitate correct

28         interpretation. Section 607.1330 was deleted

29         from House Bill 1623 before it was passed.

30         House Bill 1623 became ch. 2003-283, Laws of

31         Florida.


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 1         Section 99.  Paragraph (a) of subsection (3) of section

 2  607.1407, Florida Statutes, is amended to read:

 3         607.1407  Unknown claims against dissolved

 4  corporation.--A dissolved corporation or successor entity, as

 5  defined in s. 607.1406(15), may choose to execute one of the

 6  following procedures to resolve payment of unknown claims.

 7         (3)  If the dissolved corporation or successor entity

 8  complies with subsection (1) or subsection (2), the claim of

 9  each of the following claimants is barred unless the claimant

10  commences a proceeding to enforce the claim against the

11  dissolved corporation within 4 years after the filing date:

12         (a)  A claimant who did not receive written notice

13  under s. 607.1406(9), or whose claim was not provided for

14  under s. 607.1406(10) 607.1456(10), whether such claim is

15  based on an event occurring before or after the effective date

16  of dissolution.

17  

18         Reviser's note.--Amended to correct an apparent

19         error and facilitate correct interpretation.

20         Section 607.1456(10) does not exist; s.

21         607.1406(10) relates to claims against

22         dissolved corporations.

23  

24         Section 100.  Paragraph (a) of subsection (1) of

25  section 624.123, Florida Statutes, is amended to read:

26         624.123  Certain international health insurance

27  policies; exemption from code.--

28         (1)  International health insurance policies and

29  applications may be solicited and sold in this state at any

30  international airport to a resident of a foreign country. Such

31  international health insurance policies shall be solicited and


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 1  sold only by a licensed health insurance agent and

 2  underwritten only by an admitted insurer. For purposes of this

 3  subsection:

 4         (a)  "International airport" means any airport in

 5  Florida with United States Bureau of Customs and Border

 6  Protection Customs service, which enplanes more than 1 million

 7  passengers per year.

 8  

 9         Reviser's note.--Amended to conform to the

10         redesignation of the United States Customs

11         Service pursuant to its transfer to the

12         Department of Homeland Security by s. 403, Pub.

13         L. No. 107-296.

14  

15         Section 101.  Subsection (1) of section 624.307,

16  Florida Statutes, is amended to read:

17         624.307  General powers; duties.--

18         (1)  The department and office shall enforce the

19  provisions of this code and shall execute the duties imposed

20  upon them it by this code, within the respective jurisdiction

21  of each, as provided by law.

22  

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

24         facilitate correct interpretation.

25  

26         Section 102.  Subsection (8) of section 624.430,

27  Florida Statutes, is amended to read:

28         624.430  Withdrawal of insurer or discontinuance of

29  writing certain kinds or lines of insurance.--

30         (8)  Notwithstanding subsection (7), any insurer

31  desiring to surrender its certificate of authority, withdraw


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 1  from this state, or discontinue the writing of any one or

 2  multiple kinds or lines of insurance in this state is expected

 3  to have availed itself of all reasonably available

 4  reinsurance. Reasonably available reinsurance shall include

 5  unrealized reinsurance, which is defined as reinsurance

 6  recoverable on known losses incurred and due under valid

 7  reinsurance contracts that have not been identified in the

 8  normal course of business and have not been reported in

 9  financial statements filed with the Office of Insurance

10  Insurer Regulation. Within 90 days after surrendering its

11  certificate of authority, withdrawing from this state, or

12  discontinuing the writing of any one or multiple kinds or

13  lines of insurance in this state, the insurer shall certify to

14  the Director of the Office of Insurance Insurer Regulation

15  that the insurer has engaged an independent third party to

16  search for unrealized reinsurance, and that the insurer has

17  made all relevant books and records available to such third

18  party. The compensation to such third party may be a

19  percentage of unrealized reinsurance identified and collected.

20  

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

22         facilitate correct interpretation and to

23         conform to the correct title of the Office of

24         Insurance Regulation established in s. 20.121.

25  

26         Section 103.  Section 624.461, Florida Statutes, is

27  amended to read:

28         624.461  Definition.--For the purposes of the Florida

29  Insurance Code, "self-insurance fund" means both commercial

30  self-insurance funds organized under s. 624.462 and group

31  self-insurance funds organized under s. 624.4621. The term


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 1  "self-insurance fund" does not include a governmental

 2  self-insurance pool created under s. 768.28(16) 768.28(15).

 3  

 4         Reviser's note.--Amended to conform to the

 5         redesignation of s. 768.28(15) as s. 768.28(16)

 6         by s. 67, ch. 2003-416, Laws of Florida.

 7  

 8         Section 104.  Subsection (6) of section 624.462,

 9  Florida Statutes, is amended to read:

10         624.462  Commercial self-insurance funds.--

11         (6)  A governmental self-insurance pool created

12  pursuant to s. 768.28(16) 768.28(15) shall not be considered a

13  commercial self-insurance fund.

14  

15         Reviser's note.--Amended to conform to the

16         redesignation of s. 768.28(15) as s. 768.28(16)

17         by s. 67, ch. 2003-416, Laws of Florida.

18  

19         Section 105.  Paragraph (b) of subsection (5) of

20  section 624.509, Florida Statutes, is amended to read:

21         624.509  Premium tax; rate and computation.--

22         (5)  There shall be allowed a credit against the net

23  tax imposed by this section equal to 15 percent of the amount

24  paid by the insurer in salaries to employees located or based

25  within this state and who are covered by the provisions of

26  chapter 443. For purposes of this subsection:

27         (b)  The term "employees" does not include independent

28  contractors or any person whose duties require that the person

29  hold a valid license under the Florida Insurance Code, except

30  persons defined in s. 626.015(1), (14), and (16) 626.015(1),

31  (15), and (17).


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 1         Reviser's note.--Amended to conform to the

 2         redesignation of subunits within s. 626.015 by

 3         the reviser incident to compiling the 2003

 4         Florida Statutes.

 5  

 6         Section 106.  Paragraph (a) of subsection (1) of

 7  section 626.175, Florida Statutes, is amended to read:

 8         626.175  Temporary licensing.--

 9         (1)  The department may issue a nonrenewable temporary

10  license for a period not to exceed 6 months authorizing

11  appointment of a general lines insurance agent or a life

12  agent, or an industrial fire or burglary agent, subject to the

13  conditions described in this section. The fees paid for a

14  temporary license and appointment shall be as specified in s.

15  624.501. Fees paid shall not be refunded after a temporary

16  license has been issued.

17         (a)  An applicant for a temporary license must be:

18         1.  A natural person at least 18 years of age.

19         2.  A United States citizen or legal alien who

20  possesses work authorization from the United States Bureau of

21  Citizenship and Immigration Services Immigration and

22  Naturalization Service.

23  

24         Reviser's note.--Amended to conform to the

25         redesignation of the Immigration and

26         Naturalization Service pursuant to its transfer

27         to the Department of Homeland Security by s.

28         451, Pub. L. No. 107-296.

29  

30         Section 107.  Paragraph (b) of subsection (3) of

31  section 626.371, Florida Statutes, is amended to read:


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 1         626.371  Payment of fees, taxes for appointment period

 2  without appointment.--

 3         (3)

 4         (b)  Failure to timely renew an appointment by an

 5  appointing entity prior to the expiration date of the

 6  appointment shall result in the appointing entity being

 7  assessed late filing filling, continuation, and reinstatement

 8  fees as prescribed in s. 624.501. Such fees must be paid by

 9  the appointing entity and cannot be charged back to the

10  appointee.

11  

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

13         facilitate correct interpretation.

14  

15         Section 108.  Paragraph (b) of subsection (1) of

16  section 626.731, Florida Statutes, is amended to read:

17         626.731  Qualifications for general lines agent's

18  license.--

19         (1)  The department shall not grant or issue a license

20  as general lines agent to any individual found by it to be

21  untrustworthy or incompetent or who does not meet each of the

22  following qualifications:

23         (b)  The applicant is a United States citizen or legal

24  alien who possesses work authorization from the United States

25  Bureau of Citizenship and Immigration Services Immigration and

26  Naturalization Service and is a bona fide resident of this

27  state. An individual who is a bona fide resident of this state

28  shall be deemed to meet the residence requirement of this

29  paragraph, notwithstanding the existence at the time of

30  application for license of a license in his or her name on the

31  records of another state as a resident licensee of such other


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 1  state, if the applicant furnishes a letter of clearance

 2  satisfactory to the department that the resident licenses have

 3  been canceled or changed to a nonresident basis and that he or

 4  she is in good standing.

 5  

 6         Reviser's note.--Amended to conform to the

 7         redesignation of the Immigration and

 8         Naturalization Service pursuant to its transfer

 9         to the Department of Homeland Security by s.

10         451, Pub. L. No. 107-296.

11  

12         Section 109.  Section 626.7315, Florida Statutes, is

13  amended to read:

14         626.7315  Prohibition against the unlicensed

15  transaction of general lines insurance.--With respect to any

16  line of authority as defined in s. 626.015(5) 626.015(6), no

17  individual shall, unless licensed as a general lines agent:

18         (1)  Solicit insurance or procure applications

19  therefor;

20         (2)  In this state, receive or issue a receipt for any

21  money on account of or for any insurer, or receive or issue a

22  receipt for money from other persons to be transmitted to any

23  insurer for a policy, contract, or certificate of insurance or

24  any renewal thereof, even though the policy, certificate, or

25  contract is not signed by him or her as agent or

26  representative of the insurer, except as provided in s.

27  626.0428(1);

28         (3)  Directly or indirectly represent himself or

29  herself to be an agent of any insurer or as an agent, to

30  collect or forward any insurance premium, or to solicit,

31  negotiate, effect, procure, receive, deliver, or forward,


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 1  directly or indirectly, any insurance contract or renewal

 2  thereof or any endorsement relating to an insurance contract,

 3  or attempt to effect the same, of property or insurable

 4  business activities or interests, located in this state;

 5         (4)  In this state, engage or hold himself or herself

 6  out as engaging in the business of analyzing or abstracting

 7  insurance policies or of counseling or advising or giving

 8  opinions, other than as a licensed attorney at law, relative

 9  to insurance or insurance contracts, for fee, commission, or

10  other compensation, other than as a salaried bona fide

11  full-time employee so counseling and advising his or her

12  employer relative to the insurance interests of the employer

13  and of the subsidiaries or business affiliates of the

14  employer;

15         (5)  In any way, directly or indirectly, make or cause

16  to be made, or attempt to make or cause to be made, any

17  contract of insurance for or on account of any insurer;

18         (6)  Solicit, negotiate, or in any way, directly or

19  indirectly, effect insurance contracts, if a member of a

20  partnership or association, or a stockholder, officer, or

21  agent of a corporation which holds an agency appointment from

22  any insurer; or

23         (7)  Receive or transmit applications for suretyship,

24  or receive for delivery bonds founded on applications

25  forwarded from this state, or otherwise procure suretyship to

26  be effected by a surety insurer upon the bonds of persons in

27  this state or upon bonds given to persons in this state.

28  

29         Reviser's note.--Amended to conform to the

30         redesignation of subunits within s. 626.015 by

31  


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 1         the reviser incident to compiling the 2003

 2         Florida Statutes.

 3  

 4         Section 110.  Paragraph (a) of subsection (2) of

 5  section 626.7351, Florida Statutes, is amended to read:

 6         626.7351  Qualifications for customer representative's

 7  license.--The department shall not grant or issue a license as

 8  customer representative to any individual found by it to be

 9  untrustworthy or incompetent, or who does not meet each of the

10  following qualifications:

11         (2)(a)  The applicant is a United States citizen or

12  legal alien who possesses work authorization from the United

13  States Bureau of Citizenship and Immigration Services

14  Immigration and Naturalization Service and is a bona fide

15  resident of this state and will actually reside in the state

16  at least 6 months out of the year. An individual who is a bona

17  fide resident of this state shall be deemed to meet the

18  residence requirements of this subsection, notwithstanding the

19  existence at the time of application for license of a license

20  in his or her name on the records of another state as a

21  resident licensee of the other state, if the applicant

22  furnishes a letter of clearance satisfactory to the department

23  that the resident licenses have been canceled or changed to a

24  nonresident basis and that he or she is in good standing.

25  

26         Reviser's note.--Amended to conform to the

27         redesignation of the Immigration and

28         Naturalization Service pursuant to its transfer

29         to the Department of Homeland Security by s.

30         451, Pub. L. No. 107-296.

31  


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 1         Section 111.  Paragraph (c) of subsection (1) of

 2  section 626.7355, Florida Statutes, is amended to read:

 3         626.7355  Temporary license as customer representative

 4  pending examination.--

 5         (1)  The department shall issue a temporary customer

 6  representative's license with respect to a person who has

 7  applied for such license upon finding that the person:

 8         (c)  Is a United States citizen or legal alien who

 9  possesses work authorization from the United States Bureau of

10  Citizenship and Immigration Services Immigration and

11  Naturalization Service and is a bona fide resident of this

12  state or is a resident of another state sharing a common

13  boundary with this state. An individual who is a bona fide

14  resident of this state shall be deemed to meet the residence

15  requirement of this paragraph, notwithstanding the existence

16  at the time of application for license, of a license in his or

17  her name on the records of another state as a resident

18  licensee of such other state, if the applicant furnishes a

19  letter of clearance satisfactory to the department that his or

20  her resident licenses have been canceled or changed to a

21  nonresident basis and that he or she is in good standing.

22  

23         Reviser's note.--Amended to conform to the

24         redesignation of the Immigration and

25         Naturalization Service pursuant to its transfer

26         to the Department of Homeland Security by s.

27         451, Pub. L. No. 107-296.

28  

29         Section 112.  Subsection (2) of section 626.7845,

30  Florida Statutes, is amended to read:

31  


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 1         626.7845  Prohibition against unlicensed transaction of

 2  life insurance.--

 3         (2)  Except as provided in s. 626.112(6), with respect

 4  to any line of authority specified in s. 626.015(10)

 5  626.015(11), no individual shall, unless licensed as a life

 6  agent:

 7         (a)  Solicit insurance or annuities or procure

 8  applications; or

 9         (b)  In this state, engage or hold himself or herself

10  out as engaging in the business of analyzing or abstracting

11  insurance policies or of counseling or advising or giving

12  opinions to persons relative to insurance or insurance

13  contracts other than:

14         1.  As a consulting actuary advising an insurer; or

15         2.  As to the counseling and advising of labor unions,

16  associations, trustees, employers, or other business entities,

17  the subsidiaries and affiliates of each, relative to their

18  interests and those of their members or employees under

19  insurance benefit plans.

20  

21         Reviser's note.--Amended to conform to the

22         redesignation of subunits within s. 626.015 by

23         the reviser incident to compiling the 2003

24         Florida Statutes.

25  

26         Section 113.  Paragraph (b) of subsection (1) of

27  section 626.785, Florida Statutes, is amended to read:

28         626.785  Qualifications for license.--

29         (1)  The department shall not grant or issue a license

30  as life agent to any individual found by it to be

31  


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 1  untrustworthy or incompetent, or who does not meet the

 2  following qualifications:

 3         (b)  Must be a United States citizen or legal alien who

 4  possesses work authorization from the United States Bureau of

 5  Citizenship and Immigration Services Immigration and

 6  Naturalization Service and a bona fide resident of this state.

 7  

 8         Reviser's note.--Amended to conform to the

 9         redesignation of the Immigration and

10         Naturalization Service pursuant to its transfer

11         to the Department of Homeland Security by s.

12         451, Pub. L. No. 107-296.

13  

14         Section 114.  Section 626.8305, Florida Statutes, is

15  amended to read:

16         626.8305  Prohibition against the unlicensed

17  transaction of health insurance.--Except as provided in s.

18  626.112(6), with respect to any line of authority specified in

19  s. 626.015(6) 626.015(7), no individual shall, unless licensed

20  as a health agent:

21         (1)  Solicit insurance or procure applications; or

22         (2)  In this state, engage or hold himself or herself

23  out as engaging in the business of analyzing or abstracting

24  insurance policies or of counseling or advising or giving

25  opinions to persons relative to insurance contracts other

26  than:

27         (a)  As a consulting actuary advising insurers; or

28         (b)  As to the counseling and advising of labor unions,

29  associations, trustees, employers, or other business entities,

30  the subsidiaries and affiliates of each, relative to their

31  


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 1  interests and those of their members or employees under

 2  insurance benefit plans.

 3  

 4         Reviser's note.--Amended to conform to the

 5         redesignation of subunits within s. 626.015 by

 6         the reviser incident to compiling the 2003

 7         Florida Statutes.

 8  

 9         Section 115.  Paragraph (b) of subsection (1) of

10  section 626.831, Florida Statutes, is amended to read:

11         626.831  Qualifications for license.--

12         (1)  The department shall not grant or issue a license

13  as health agent as to any individual found by it to be

14  untrustworthy or incompetent, or who does not meet the

15  following qualifications:

16         (b)  Must be a United States citizen or legal alien who

17  possesses work authorization from the United States Bureau of

18  Citizenship and Immigration Services Immigration and

19  Naturalization Service and a bona fide resident of this state.

20  

21         Reviser's note.--Amended to conform to the

22         redesignation of the Immigration and

23         Naturalization Service pursuant to its transfer

24         to the Department of Homeland Security by s.

25         451, Pub. L. No. 107-296.

26  

27         Section 116.  Subsection (2) of section 626.8414,

28  Florida Statutes, is amended to read:

29         626.8414  Qualifications for examination.--The

30  department must authorize any natural person to take the

31  


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 1  examination for the issuance of a license as a title insurance

 2  agent if the person meets all of the following qualifications:

 3         (2)  The applicant must be a United States citizen or

 4  legal alien who possesses work authorization from the United

 5  States Bureau of Citizenship and Immigration Services

 6  Immigration and Naturalization Service and a bona fide

 7  resident of this state. A person meets the residency

 8  requirement of this subsection, notwithstanding the existence

 9  at the time of application for license of a license in the

10  applicant's name on the records of another state as a resident

11  licensee of such other state, if the applicant furnishes a

12  letter of clearance satisfactory to the department that the

13  resident licenses have been canceled or changed to a

14  nonresident basis and that the applicant is in good standing.

15  

16         Reviser's note.--Amended to conform to the

17         redesignation of the Immigration and

18         Naturalization Service pursuant to its transfer

19         to the Department of Homeland Security by s.

20         451, Pub. L. No. 107-296.

21  

22         Section 117.  Paragraph (b) of subsection (1) of

23  section 626.865, Florida Statutes, is amended to read:

24         626.865  Public adjuster's qualifications, bond.--

25         (1)  The office shall issue a license to an applicant

26  for a public adjuster's license upon determining that the

27  applicant has paid the applicable fees specified in s. 624.501

28  and possesses the following qualifications:

29         (b)  Is a United States citizen or legal alien who

30  possesses work authorization from the United States Bureau of

31  


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 1  Citizenship and Immigration Services Immigration and

 2  Naturalization Service and a bona fide resident of this state.

 3  

 4         Reviser's note.--Amended to conform to the

 5         redesignation of the Immigration and

 6         Naturalization Service pursuant to its transfer

 7         to the Department of Homeland Security by s.

 8         451, Pub. L. No. 107-296.

 9  

10         Section 118.  Subsection (2) of section 626.866,

11  Florida Statutes, is amended to read:

12         626.866  Independent adjuster's qualifications.--The

13  office shall issue a license to an applicant for an

14  independent adjuster's license upon determining that the

15  applicable license fee specified in s. 624.501 has been paid

16  and that the applicant possesses the following qualifications:

17         (2)  Is a United States citizen or legal alien who

18  possesses work authorization from the United States Bureau of

19  Citizenship and Immigration Services Immigration and

20  Naturalization Service and a bona fide resident of this state.

21  

22         Reviser's note.--Amended to conform to the

23         redesignation of the Immigration and

24         Naturalization Service pursuant to its transfer

25         to the Department of Homeland Security by s.

26         451, Pub. L. No. 107-296.

27  

28         Section 119.  Subsection (2) of section 626.867,

29  Florida Statutes, is amended to read:

30         626.867  Company employee adjuster's

31  qualifications.--The office shall issue a license to an


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 1  applicant for a company employee adjuster's license upon

 2  determining that the applicable license fee specified in s.

 3  624.501 has been paid and that the applicant possesses the

 4  following qualifications:

 5         (2)  Is a United States citizen or legal alien who

 6  possesses work authorization from the United States Bureau of

 7  Citizenship and Immigration Services Immigration and

 8  Naturalization Service and a bona fide resident of this state.

 9  

10         Reviser's note.--Amended to conform to the

11         redesignation of the Immigration and

12         Naturalization Service pursuant to its transfer

13         to the Department of Homeland Security by s.

14         451, Pub. L. No. 107-296.

15  

16         Section 120.  Subsection (1) of section 626.874,

17  Florida Statutes, is amended to read:

18         626.874  Catastrophe or emergency adjusters.--

19         (1)  In the event of a catastrophe or emergency, the

20  office may issue a license, for the purposes and under the

21  conditions which it shall fix and for the period of emergency

22  as it shall determine, to persons who are residents or

23  nonresidents of this state, who are at least 18 years of age,

24  who are United States citizens or legal aliens who possess

25  work authorization from the United States Bureau of

26  Citizenship and Immigration Services Immigration and

27  Naturalization Service, and who are not licensed adjusters

28  under this part but who have been designated and certified to

29  it as qualified to act as adjusters by independent resident

30  adjusters or by an authorized insurer or by a licensed general

31  lines agent to adjust claims, losses, or damages under


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 1  policies or contracts of insurance issued by such insurers.

 2  The fee for the license shall be as provided in s.

 3  624.501(12)(c).

 4  

 5         Reviser's note.--Amended to conform to the

 6         redesignation of the Immigration and

 7         Naturalization Service pursuant to its transfer

 8         to the Department of Homeland Security by s.

 9         451, Pub. L. No. 107-296.

10  

11         Section 121.  Paragraph (f) of subsection (7) of

12  section 626.9916, Florida Statutes, is amended to read:

13         626.9916  Viatical settlement broker license required;

14  application for license.--

15         (7)  Upon the filing of a sworn application and the

16  payment of the license fee and all other applicable fees under

17  this act, the department shall investigate each applicant and

18  may issue the applicant a license if the department finds that

19  the applicant:

20         (f)  If a natural person, is at least 18 years of age

21  and a United States citizen or legal alien who possesses work

22  authorization from the United States Bureau of Citizenship and

23  Immigration Services Immigration and Naturalization Service.

24  

25         Reviser's note.--Amended to conform to the

26         redesignation of the Immigration and

27         Naturalization Service pursuant to its transfer

28         to the Department of Homeland Security by s.

29         451, Pub. L. No. 107-296.

30  

31  


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 1         Section 122.  Subparagraph 15. of paragraph (c) of

 2  subsection (6) of section 627.351, Florida Statutes, is

 3  amended to read:

 4         627.351  Insurance risk apportionment plans.--

 5         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

 6         (c)  The plan of operation of the corporation:

 7         15.  Must provide that the corporation appoint as its

 8  licensed agents only those agents who also hold an appointment

 9  as defined in s. 626.015(3) 626.104 with an insurer who at the

10  time of the agent's initial appointment by the corporation is

11  authorized to write and is actually writing personal lines

12  residential property coverage, commercial residential property

13  coverage, or commercial nonresidential property coverage

14  within the state.

15  

16         Reviser's note.--Amended to conform to the

17         repeal of s. 626.104 by s. 72, ch. 2002-206,

18         Laws of Florida, and the creation of s.

19         626.015, relating to similar subject matter, by

20         s. 4, ch. 2002-206.

21  

22         Section 123.  Paragraph (b) of subsection (3) of

23  section 627.733, Florida Statutes, is amended to read:

24         627.733  Required security.--

25         (3)  Such security shall be provided:

26         (b)  By any other method authorized by s. 324.031(2),

27  (3), or (4) and approved by the Department of Highway Safety

28  and Motor Vehicles as affording security equivalent to that

29  afforded by a policy of insurance or by self-insuring as

30  authorized by s. 768.28(16) 768.28(15). The person filing such

31  


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 1  security shall have all of the obligations and rights of an

 2  insurer under ss. 627.730-627.7405.

 3  

 4         Reviser's note.--Amended to conform to the

 5         redesignation of s. 768.28(15) as s. 768.28(16)

 6         by s. 67, ch. 2003-416, Laws of Florida.

 7  

 8         Section 124.  Paragraph (b) of subsection (5) of

 9  section 627.736, Florida Statutes, is amended to read:

10         627.736  Required personal injury protection benefits;

11  exclusions; priority; claims.--

12         (5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--

13         (b)1.  An insurer or insured is not required to pay a

14  claim or charges:

15         a.  Made by a broker or by a person making a claim on

16  behalf of a broker;

17         b.  For any service or treatment that was not lawful at

18  the time rendered;

19         c.  To any person who knowingly submits a false or

20  misleading statement relating to the claim or charges;

21         d.  With respect to a bill or statement that does not

22  substantially meet the applicable requirements of paragraph

23  (d);

24         e.  For any treatment or service that is upcoded, or

25  that is unbundled when such treatment or services should be

26  bundled, in accordance with paragraph (d). To facilitate

27  prompt payment of lawful services, an insurer may change codes

28  that it determines to have been improperly or incorrectly

29  upcoded or unbundled, and may make payment based on the

30  changed codes, without affecting the right of the provider to

31  dispute the change by the insurer, provided that before doing


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 1  so, the insurer must contact the health care provider and

 2  discuss the reasons for the insurer's change and the health

 3  care provider's reason for the coding, or make a reasonable

 4  good faith effort to do so, as documented in the insurer's

 5  file; and

 6         f.  For medical services or treatment billed by a

 7  physician and not provided in a hospital unless such services

 8  are rendered by the physician or are incident to his or her

 9  professional services and are included on the physician's

10  bill, including documentation verifying that the physician is

11  responsible for the medical services that were rendered and

12  billed.

13         2.  Charges for medically necessary cephalic

14  thermograms, peripheral thermograms, spinal ultrasounds,

15  extremity ultrasounds, video fluoroscopy, and surface

16  electromyography shall not exceed the maximum reimbursement

17  allowance for such procedures as set forth in the applicable

18  fee schedule or other payment methodology established pursuant

19  to s. 440.13.

20         3.  Allowable amounts that may be charged to a personal

21  injury protection insurance insurer and insured for medically

22  necessary nerve conduction testing when done in conjunction

23  with a needle electromyography procedure and both are

24  performed and billed solely by a physician licensed under

25  chapter 458, chapter 459, chapter 460, or chapter 461 who is

26  also certified by the American Board of Electrodiagnostic

27  Medicine or by a board recognized by the American Board of

28  Medical Specialties or the American Osteopathic Association or

29  who holds diplomate status with the American Chiropractic

30  Neurology Board or its predecessors shall not exceed 200

31  percent of the allowable amount under the participating


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 1  physician fee schedule of Medicare Part B for year 2001, for

 2  the area in which the treatment was rendered, adjusted

 3  annually on August 1 to reflect the prior calendar year's

 4  changes in the annual Medical Care Item of the Consumer Price

 5  Index for All Urban Consumers in the South Region as

 6  determined by the Bureau of Labor Statistics of the United

 7  States Department of Labor.

 8         4.  Allowable amounts that may be charged to a personal

 9  injury protection insurance insurer and insured for medically

10  necessary nerve conduction testing that does not meet the

11  requirements of subparagraph 3. shall not exceed the

12  applicable fee schedule or other payment methodology

13  established pursuant to s. 440.13.

14         5.  Effective upon this act becoming a law and before

15  November 1, 2001, allowable amounts that may be charged to a

16  personal injury protection insurance insurer and insured for

17  magnetic resonance imaging services shall not exceed 200

18  percent of the allowable amount under Medicare Part B for year

19  2001, for the area in which the treatment was rendered.

20  Beginning November 1, 2001, allowable amounts that may be

21  charged to a personal injury protection insurance insurer and

22  insured for magnetic resonance imaging services shall not

23  exceed 175 percent of the allowable amount under the

24  participating physician fee schedule of Medicare Part B for

25  year 2001, for the area in which the treatment was rendered,

26  adjusted annually on August 1 to reflect the prior calendar

27  year's changes in the annual Medical Care Item of the Consumer

28  Price Index for All Urban Consumers in the South Region as

29  determined by the Bureau of Labor Statistics of the United

30  States Department of Labor for the 12-month period ending June

31  30 of that year, except that allowable amounts that may be


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 1  charged to a personal injury protection insurance insurer and

 2  insured for magnetic resonance imaging services provided in

 3  facilities accredited by the Accreditation Association for

 4  Ambulatory Health Care, the American College of Radiology, or

 5  the Joint Commission on Accreditation of Healthcare

 6  Organizations shall not exceed 200 percent of the allowable

 7  amount under the participating physician fee schedule of

 8  Medicare Part B for year 2001, for the area in which the

 9  treatment was rendered, adjusted annually on August 1 to

10  reflect the prior calendar year's changes in the annual

11  Medical Care Item of the Consumer Price Index for All Urban

12  Consumers in the South Region as determined by the Bureau of

13  Labor Statistics of the United States Department of Labor for

14  the 12-month period ending June 30 of that year. This

15  paragraph does not apply to charges for magnetic resonance

16  imaging services and nerve conduction testing for inpatients

17  and emergency services and care as defined in chapter 395

18  rendered by facilities licensed under chapter 395.

19         6.  The Department of Health, in consultation with the

20  appropriate professional licensing boards, shall adopt, by

21  rule, a list of diagnostic tests deemed not to be medically

22  necessary for use in the treatment of persons sustaining

23  bodily injury covered by personal injury protection benefits

24  under this section. The initial list shall be adopted by

25  January 1, 2004, and shall be revised from time to time as

26  determined by the Department of Health, in consultation with

27  the respective professional licensing boards. Inclusion of a

28  test on the list of invalid diagnostic tests shall be based on

29  lack of demonstrated medical value and a level of general

30  acceptance by the relevant provider community and shall not be

31  dependent for results entirely upon subjective patient


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 1  response. Notwithstanding its inclusion on a fee schedule in

 2  this subsection, an insurer or insured is not required to pay

 3  any charges or reimburse claims for any invalid diagnostic

 4  test as determined by the Department of Health.

 5  

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

 7  

 8         Section 125.  Subsection (4) of section 627.832,

 9  Florida Statutes, is amended to read:

10         627.832  Grounds for refusal, suspension, or revocation

11  of license.--

12         (4)  Every license issued hereunder shall remain in

13  force and effect until it has been surrendered, revoked, or

14  suspended or expires in accordance with the provisions of this

15  part; but the office may reinstate a suspended license or to

16  issue a new license to a licensee whose license has been

17  revoked, if no fact or condition then exists which clearly

18  would have warranted office refusal originally to issue such

19  license under this part.

20  

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

22         correct sentence construction.

23  

24         Section 126.  Section 628.6012, Florida Statutes, is

25  amended to read:

26         628.6012  Premiums written; restrictions.--Assessable

27  mutual insurers shall be subject to a cap on net annual

28  premiums on the same basis and in the same manner as provided

29  in former s. 624.469 as to commercial self-insurance funds.

30  For an assessable mutual that has converted from a commercial

31  self-insurance fund, the first 6 full calendar years of its


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 1  operation as set forth in former s. 624.469 shall be computed

 2  from the date of its certificate of authority as a commercial

 3  self-insurance fund.

 4  

 5         Reviser's note.--Amended to conform to the

 6         repeal of s. 624.469 by s. 17, ch. 2003-2, Laws

 7         of Florida.

 8  

 9         Section 127.  Subsection (2) of section 628.6013,

10  Florida Statutes, is amended to read:

11         628.6013  Converted self-insurance fund; trade

12  association; board of directors.--

13         (2)  An assessable mutual insurer formed by the

14  conversion of a commercial self-insurance fund pursuant to

15  former s. 624.463 or by the conversion of a group

16  self-insurer's fund organized under s. 624.4621 shall be

17  endorsed at the time of conversion by a statewide

18  not-for-profit trade association, industry association, or

19  professional association of employers or professionals which

20  has a constitution or bylaws, which is incorporated under the

21  laws of this state, and which has been organized for purposes

22  other than that of obtaining or providing insurance and

23  operated in good faith for a continuous period of 1 year.  The

24  association shall not be liable for any actions of the

25  insurer, nor shall it require the establishment or enforcement

26  of any policy of the insurer.  Fees, services, and other

27  aspects of the relationship between the association and the

28  insurer must be reasonable and are subject to contractual

29  agreement.

30  

31  


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 1         Reviser's note.--Amended to conform to the

 2         repeal of s. 624.463 by s. 17, ch. 2003-2, Laws

 3         of Florida, and s. 1978, ch. 2003-261, Laws of

 4         Florida.

 5  

 6         Section 128.  Paragraph (d) of subsection (2) of

 7  section 631.57, Florida Statutes, is amended to read:

 8         631.57  Powers and duties of the association.--

 9         (2)  The association may:

10         (d)  Negotiate and become a party to such contracts as

11  are necessary to carry out the purpose of this part. Without

12  limiting the generality of the foregoing, the association may

13  enter into such contracts with a municipality as are necessary

14  in order for the municipality to issue bonds under s.

15  166.111(2). In connection with the issuance of such bonds and

16  the entering into of the necessary contracts, the association

17  may agree to such terms and conditions as it deems necessary

18  and proper.

19  

20         Reviser's note.--Amended to conform to the

21         repeal of s. 166.111(2) by s. 159, ch.

22         2003-261, Laws of Florida.

23  

24         Section 129.  Subsection (1) of section 631.60, Florida

25  Statutes, is amended to read:

26         631.60  Effect of paid claims.--

27         (1)  Any person recovering under this part shall be

28  deemed to have assigned her or his rights under the policy to

29  the association to the extent of the person's recovery from

30  the association, regardless of whether such recovery is

31  received directly from the association or through payments


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 1  made from the proceeds of bonds issued under former s.

 2  166.111(2). Every insured or claimant seeking the protection

 3  of this part shall cooperate with the association to the same

 4  extent as such person would have been required to cooperate

 5  with the insolvent insurer. The association shall have no

 6  cause of action against the insured of the insolvent insurer

 7  for any sums it has paid out except such causes of action as

 8  the insolvent insurer would have had if such sums had been

 9  paid by the insolvent insurer. In the case of an insolvent

10  insurer operating on a plan with assessment liability,

11  payments of claims of the association shall not operate to

12  reduce the liability of insureds to the receiver, liquidator,

13  or statutory successor for unpaid assessments.

14  

15         Reviser's note.--Amended to conform to the

16         repeal of s. 166.111(2) by s. 159, ch.

17         2003-261, Laws of Florida.

18  

19         Section 130.  Section 636.0145, Florida Statutes, is

20  amended to read:

21         636.0145  Certain entities contracting with

22  Medicaid.--Notwithstanding the requirements of s.

23  409.912(4)(b) 409.912(3)(b), an entity that is providing

24  comprehensive inpatient and outpatient mental health care

25  services to certain Medicaid recipients in Hillsborough,

26  Highlands, Hardee, Manatee, and Polk Counties through a

27  capitated, prepaid arrangement pursuant to the federal waiver

28  provided for in s. 409.905(5) must become licensed under

29  chapter 636 by December 31, 1998. Any entity licensed under

30  this chapter which provides services solely to Medicaid

31  


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 1  recipients under a contract with Medicaid shall be exempt from

 2  ss. 636.017, 636.018, 636.022, 636.028, and 636.034.

 3  

 4         Reviser's note.--Amended to conform to the

 5         redesignation of s. 409.912(3) as s. 409.912(4)

 6         by s. 9, ch. 2003-279, Laws of Florida.

 7  

 8         Section 131.  Subsection (3) of section 636.029,

 9  Florida Statutes, is amended to read:

10         636.029  Construction and relationship with other

11  laws.--

12         (3)  The department and office are vested with all

13  powers granted to them it under the insurance code with

14  respect to the investigation of any violation of this act

15  within their respective regulatory jurisdictions.

16  

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

18         facilitate correct interpretation.

19  

20         Section 132.  Section 636.052, Florida Statutes, is

21  amended to read:

22         636.052  Civil remedy.--In any civil action brought to

23  enforce the terms and conditions of a prepaid limited health

24  service organization contract, the prevailing party is

25  entitled to recover reasonable attorney's fees and court

26  costs. This section does not authorize a civil action against

27  the office or its employees or against the Agency for Health

28  Care Administration, its employees, or the secretary director

29  of that agency.

30  

31  


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 1         Reviser's note.--Amended to conform to the

 2         redesignation of the Director of Health Care

 3         Administration as the Secretary of Health Care

 4         Administration by s. 2, ch. 2000-305, Laws of

 5         Florida.

 6  

 7         Section 133.  Paragraph (j) of subsection (1) of

 8  section 641.21, Florida Statutes, is amended to read:

 9         641.21  Application for certificate.--

10         (1)  Before any entity may operate a health maintenance

11  organization, it shall obtain a certificate of authority from

12  the office. The office shall accept and shall begin its review

13  of an application for a certificate of authority anytime after

14  an organization has filed an application for a health care

15  provider certificate pursuant to part III of this chapter.

16  However, the office may not issue a certificate of authority

17  to any applicant which does not possess a valid health care

18  provider certificate issued by the agency. Each application

19  for a certificate shall be on such form as the commission

20  shall prescribe, shall be verified by the oath of two officers

21  of the corporation and properly notarized, and shall be

22  accompanied by the following:

23         (j)  Such additional reasonable data, financial

24  statements, and other pertinent information as the commission

25  commissioner or office requires with respect to the

26  determination that the applicant can provide the services to

27  be offered.

28  

29         Reviser's note.--Amended to facilitate correct

30         interpretation and to conform to context.

31  


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 1         Section 134.  Subsection (3) of section 641.225,

 2  Florida Statutes, is amended to read:

 3         641.225  Surplus requirements.--

 4         (3)(a)  An entity providing prepaid capitated services

 5  which is authorized under s. 409.912(4)(a) 409.912(3)(a) and

 6  which applies for a certificate of authority is subject to the

 7  minimum surplus requirements set forth in subsection (1),

 8  unless the entity is backed by the full faith and credit of

 9  the county in which it is located.

10         (b)  An entity providing prepaid capitated services

11  which is authorized under s. 409.912(4)(b) or (c)

12  409.912(3)(b) or (c), and which applies for a certificate of

13  authority is subject to the minimum surplus requirements set

14  forth in s. 409.912.

15  

16         Reviser's note.--Amended to conform to the

17         redesignation of s. 409.912(3) as s. 409.912(4)

18         by s. 9, ch. 2003-279, Laws of Florida.

19  

20         Section 135.  Paragraph (d) of subsection (3) of

21  section 641.31, Florida Statutes, is amended to read:

22         641.31  Health maintenance contracts.--

23         (3)

24         (d)  Any change in rates charged for the contract must

25  be filed with the office not less than 30 days in advance of

26  the effective date. At the expiration of such 30 days, the

27  rate filing shall be deemed approved unless prior to such time

28  the filing has been affirmatively approved or disapproved by

29  order of the office. The approval of the filing by the office

30  constitutes a waiver of any unexpired portion of such waiting

31  period. The office may extend by not more than an additional


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 1  15 days the period within which it may so affirmatively

 2  approve or disapprove any such filing, by giving notice of

 3  such extension before expiration of the initial 30-day period.

 4  At the expiration of any such period as so extended, and in

 5  the absence of such prior affirmative approval or disapproval,

 6  any such filing shall be deemed approved. This paragraph does

 7  not apply to group health contracts effectuated and delivered

 8  in this state, insuring groups of 51 or more persons, except

 9  for Medicare supplement insurance, long-term care insurance,

10  and any coverage under which the increase in claims costs over

11  the lifetime of the contract due to advancing age or duration

12  is prefunded refunded in the premium.

13  

14         Reviser's note.--Amended to facilitate correct

15         interpretation and to conform to context.

16  

17         Section 136.  Subsection (4) of section 641.386,

18  Florida Statutes, is amended to read:

19         641.386  Agent licensing and appointment required;

20  exceptions.--

21         (4)  All agents and health maintenance organizations

22  shall comply with and be subject to the applicable provisions

23  of ss. 641.309 and 409.912(21) 409.912(19), and all companies

24  and entities appointing agents shall comply with s. 626.451,

25  when marketing for any health maintenance organization

26  licensed pursuant to this part, including those organizations

27  under contract with the Agency for Health Care Administration

28  to provide health care services to Medicaid recipients or any

29  private entity providing health care services to Medicaid

30  recipients pursuant to a prepaid health plan contract with the

31  Agency for Health Care Administration.


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 1         Reviser's note.--Amended to conform to the

 2         redesignation of s. 409.912(19) as s.

 3         409.912(21) by s. 9, ch. 2003-279, Laws of

 4         Florida.

 5  

 6         Section 137.  Paragraph (b) of subsection (2) of

 7  section 648.34, Florida Statutes, is amended to read:

 8         648.34  Bail bond agents; qualifications.--

 9         (2)  To qualify as a bail bond agent, it must

10  affirmatively appear at the time of application and throughout

11  the period of licensure that the applicant has complied with

12  the provisions of s. 648.355 and has obtained a temporary

13  license pursuant to such section and:

14         (b)  The applicant is a United States citizen or legal

15  alien who possesses work authorization from the United States

16  Bureau of Citizenship and Immigration Services Immigration and

17  Naturalization Service and is a resident of this state. An

18  individual who is a resident of this state shall be deemed to

19  meet the residence requirement of this paragraph,

20  notwithstanding the existence, at the time of application for

21  license, of a license in the applicant's name on the records

22  of another state as a resident licensee of such other state,

23  if the applicant furnishes a letter of clearance satisfactory

24  to the department that his or her resident licenses have been

25  canceled or changed to a nonresident basis and that he or she

26  is in good standing.

27  

28         Reviser's note.--Amended to conform to the

29         redesignation of the Immigration and

30         Naturalization Service pursuant to its transfer

31  


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 1         to the Department of Homeland Security by s.

 2         451, Pub. L. No. 107-296.

 3  

 4         Section 138.  Paragraph (b) of subsection (1) of

 5  section 648.355, Florida Statutes, is amended to read:

 6         648.355  Temporary limited license as limited surety

 7  agent or professional bail bond agent; pending examination.--

 8         (1)  The department may, in its discretion, issue a

 9  temporary license as a limited surety agent or professional

10  bail bond agent, subject to the following conditions:

11         (b)  The applicant is a United States citizen or legal

12  alien who possesses work authorization from the United States

13  Bureau of Citizenship and Immigration Services Immigration and

14  Naturalization Service and is a resident of this state. An

15  individual who is a resident of this state shall be deemed to

16  meet the residence requirement of this paragraph,

17  notwithstanding the existence, at the time of application for

18  temporary license, of a license in the individual's name on

19  the records of another state as a resident licensee of such

20  other state, if the applicant furnishes a letter of clearance

21  satisfactory to the department that the individual's resident

22  licenses have been canceled or changed to a nonresident basis

23  and that the individual is in good standing.

24  

25         Reviser's note.--Amended to conform to the

26         redesignation of the Immigration and

27         Naturalization Service pursuant to its transfer

28         to the Department of Homeland Security by s.

29         451, Pub. L. No. 107-296.

30  

31  


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 1         Section 139.  Subsection (4) of section 648.45, Florida

 2  Statutes, is amended to read:

 3         648.45  Actions against a licensee; suspension or

 4  revocation of eligibility to hold a license.--

 5         (4)  Any licensee found to have violated s.

 6  648.44(1)(b), (d), or (i) 648.44(1)(b), (c), or (h) shall, at

 7  a minimum, be suspended for a period of 3 months. A greater

 8  penalty, including revocation, shall be imposed if there is a

 9  willful or repeated violation of s. 648.44(1)(b), (d), or (i)

10  648.44(1)(b), (c), or (h), or the licensee has committed other

11  violations of this chapter.

12  

13         Reviser's note.--Amended to conform to the

14         redesignation of s. 648.44(1)(c) and (h) as s.

15         648.44(1)(d) and (i) by s. 21, ch. 2002-260,

16         Laws of Florida.

17  

18         Section 140.  Subsection (2) of section 651.013,

19  Florida Statutes, is amended to read:

20         651.013  Chapter exclusive; applicability of other

21  laws.--

22         (2)  In addition to other applicable provisions cited

23  in this chapter, the office has the authority granted under

24  ss. 624.302 and 624.303 624.302-624.305, 624.308-624.312,

25  624.319(1)-(3), 624.320-624.321, 624.324, and 624.34 of the

26  Florida Insurance Code to regulate providers of continuing

27  care.

28  

29         Reviser's note.--Amended to conform to the

30         repeal of s. 624.305 by s. 1978, ch. 2003-261,

31         Laws of Florida.


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 1         Section 141.  Section 657.001, Florida Statutes, is

 2  amended to read:

 3         657.001  Short title.--This chapter part may be cited

 4  as the "Florida Credit Union Act."

 5  

 6         Reviser's note.--Amended to conform to the

 7         arrangement of chapter 657, which is not

 8         divided into parts.

 9  

10         Section 142.  Section 657.002, Florida Statutes, is

11  amended to read:

12         657.002  Definitions.--As used in this chapter part:

13         (1)  "Capital" means shares, deposits, and equity.

14         (2)  "Central credit union" means a credit union the

15  membership of which includes, but is not limited to, other

16  credit unions, members of credit unions, credit union

17  employees, employees of organizations serving credit unions,

18  and the families of such members.

19         (3)  "Corporate credit union" means any central credit

20  union organized pursuant to any state or federal act for the

21  purpose of serving other credit unions.

22         (4)  "The corporation" means the Florida Credit Union

23  Guaranty Corporation, Inc.

24         (5)  "Correspondent" means that person designated on an

25  application to organize a credit union as the person to whom

26  all correspondence regarding the application should be sent.

27         (6)  "Credit union" means any cooperative society

28  organized pursuant to this chapter part.

29         (7)  "Deposits" means that portion of the capital paid

30  into the credit union by members on which a contractual rate

31  of interest will be paid.


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 1         (8)  "Equity" means undivided earnings, reserves, and

 2  allowance for loan losses.

 3         (9)  "Foreign credit union" means a credit union

 4  organized and operating under the laws of another state.

 5         (10)  "Immediate family" means parents, children,

 6  spouse, or surviving spouse of the member, or any other

 7  relative by blood, marriage, or adoption.

 8         (11)  "Limited field of membership" means the defined

 9  group of persons designated as eligible for membership in the

10  credit union who:

11         (a)  Have a similar profession, occupation, or formal

12  association with an identifiable purpose; or

13         (b)  Reside within an identifiable neighborhood,

14  community, rural district, or county; or

15         (c)  Are employed by a common employer; or

16         (d)  Are employed by the credit union; and

17  

18  members of the immediate family of persons within such group.

19         (12)  "Shares" means that portion of the capital paid

20  into the credit union by members on which dividends may be

21  paid.

22         (13)  "Unimpaired capital" means capital which is not

23  impaired by losses that exceed applicable reserves.

24  

25         Reviser's note.--Amended to conform to the

26         arrangement of chapter 657, which is not

27         divided into parts.

28  

29         Section 143.  Paragraph (e) of subsection (7) of

30  section 657.021, Florida Statutes, is amended to read:

31         657.021  Board of directors; executive committee.--


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 1         (7)  The board of directors must exercise the following

 2  duties which are nondelegable:

 3         (e)  Adequately provide for reserves as required by

 4  this chapter part or by rules or order of the commission or

 5  office or as otherwise determined necessary by the board.

 6  

 7         Reviser's note.--Amended to conform to the

 8         arrangement of chapter 657, which is not

 9         divided into parts.

10  

11         Section 144.  Subsection (4) of section 657.026,

12  Florida Statutes, is amended to read:

13         657.026  Supervisory or audit committee.--

14         (4)  The supervisory or audit committee shall notify

15  the board of directors, the office, and, as applicable, either

16  the corporation or the National Credit Union Administration of

17  any violation of this chapter part, any violation of the

18  certificate of authorization or bylaws of the credit union, or

19  any practice of the credit union deemed by the supervisory or

20  audit committee to be unsafe, unsound, or unauthorized.

21  

22  For the purposes of this subsection, two-thirds of the members

23  of the supervisory or audit committee constitutes a quorum.

24  

25         Reviser's note.--Amended to conform to the

26         arrangement of chapter 657, which is not

27         divided into parts.

28  

29         Section 145.  Subsections (13) and (16) of section

30  657.031, Florida Statutes, are amended to read:

31  


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 1         657.031  Powers.--A credit union shall have the power

 2  to:

 3         (13)  Invest funds, as provided in this chapter part.

 4         (16)  Hold membership in central credit unions or

 5  corporate credit unions organized under this chapter part or

 6  under any other state or federal acts and membership in

 7  associations and organizations of credit unions.

 8  

 9         Reviser's note.--Amended to conform to the

10         arrangement of chapter 657, which is not

11         divided into parts.

12  

13         Section 146.  Paragraph (a) of subsection (1) of

14  section 657.039, Florida Statutes, is amended to read:

15         657.039  Loan powers; extension of credit to directors,

16  officers, committee members, and certain employees.--

17         (1)  A credit union may extend credit to its officers,

18  directors, credit manager, members of its supervisory, audit,

19  and credit committees, and any other person authorized to

20  approve extensions of credit, provided:

21         (a)  The extension of credit complies with all

22  requirements under this chapter part with respect to credit

23  extended to other borrowers and is not on terms more favorable

24  than those extended to other borrowers.

25  

26         Reviser's note.--Amended to conform to the

27         arrangement of chapter 657, which is not

28         divided into parts.

29  

30         Section 147.  Section 657.066, Florida Statutes, is

31  amended to read:


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 1         657.066  Conversion from state credit union to federal

 2  credit union and conversely.--Any credit union organized under

 3  this chapter part may convert into a federal credit union and

 4  any federal credit union may convert into a credit union

 5  organized pursuant to this chapter part upon approval of the

 6  authority under the supervision of which the converted credit

 7  union will operate and upon compliance with applicable laws.

 8         (1)  Any action by the board of directors proposing

 9  conversion shall be by resolution and shall require the

10  affirmative vote of an absolute majority of the board of

11  directors.  Upon adoption of a resolution relating to

12  conversion, a copy of the resolution shall be mailed to each

13  member, together with a notice setting forth the time,

14  location, and purpose of a meeting of the membership which

15  shall be held not less than 10 nor more than 30 days following

16  the mailing of the notice.

17         (2)  A ballot allowing an affirmative or negative vote

18  on the proposed conversion shall also be mailed to each

19  member. Any ballot received by the credit union prior to the

20  meeting called to consider the conversion shall be counted

21  along with the votes cast at the meeting.  Each member shall

22  have but one vote.  A majority of the votes cast by the

23  members shall be required to approve the conversion.

24         (3)  Within 10 days after the approval of the

25  membership, the board of directors shall cause to be

26  transmitted to the authority under the supervision of which

27  the converted credit union will operate a copy of the

28  resolution adopted by the board of directors and approved by

29  the membership.

30         (4)  Upon the written approval of the authority under

31  the supervision of which the converting credit union is to


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 1  operate, the converting credit union shall become a credit

 2  union under this chapter or under the laws of the United

 3  States, as the case may be, and thereupon all assets shall

 4  become the property of the converted credit union, subject to

 5  all existing liabilities against the credit union.  All shares

 6  and deposits shall remain intact. Any federal credit union

 7  seeking to convert to a state-chartered credit union shall pay

 8  a nonrefundable filing fee of $500.  The office may conduct an

 9  examination of any converting federal credit union before

10  approving the conversion and the converting credit union shall

11  pay a nonrefundable examination fee as provided in s.

12  655.411(1)(b).

13         (5)  Every conversion must be completed within 90 days

14  after the approval of the authority under the supervision of

15  which the converted credit union will operate.  Upon receiving

16  its certificate of authorization or charter from the authority

17  under the supervision of which the converted credit union will

18  operate, the old certificate of authorization or charter shall

19  be returned to the proper authority and shall be canceled.

20         (6)  In consummation of the conversion, the old credit

21  union may execute, acknowledge, and deliver to the newly

22  chartered credit union the instruments of transfer necessary

23  to accomplish the transfer of any property and all right,

24  title, and interest therein.

25  

26         Reviser's note.--Amended to conform to the

27         arrangement of chapter 657, which is not

28         divided into parts.

29  

30  

31  


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 1         Section 148.  Paragraph (a) of subsection (2) and

 2  subsection (4) of section 657.068, Florida Statutes, are

 3  amended to read:

 4         657.068  Central credit unions.--

 5         (2)  Membership in a central credit union shall be

 6  limited to:

 7         (a)  Credit unions organized and operating under this

 8  chapter part or any other credit union act;

 9         (4)  A central credit union shall have all the powers

10  of any credit union organized under this chapter part and

11  shall have the following powers, notwithstanding any

12  limitations or restrictions herein:

13         (a)  A central credit union may make loans to other

14  credit unions, purchase shares of and make deposits in other

15  credit unions, and obtain or acquire the assets and

16  liabilities of any credit union operating in this state which

17  liquidates, provided such assets are otherwise eligible for

18  investment by the acquiring credit union.

19         (b)  A central credit union may invest in and grant

20  loans to associations of credit unions, central funds of

21  credit unions, or organizations chartered to provide services

22  to credit unions.

23  

24         Reviser's note.--Amended to conform to the

25         arrangement of chapter 657, which is not

26         divided into parts.

27  

28         Section 149.  Section 679.338, Florida Statutes, is

29  amended to read:

30         679.338  Priority of security interest or agricultural

31  lien perfected by filed financing statement providing certain


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 1  incorrect information.--If a security interest or agricultural

 2  lien is perfected by a filed financing statement providing

 3  information described in s. 679.516(2)(d) 679.516(2)(e) which

 4  is incorrect at the time the financing statement is filed:

 5         (1)  The security interest or agricultural lien is

 6  subordinate to a conflicting perfected security interest in

 7  the collateral to the extent that the holder of the

 8  conflicting security interest gives value in reasonable

 9  reliance upon the incorrect information; and

10         (2)  A purchaser, other than a secured party, of the

11  collateral takes free of the security interest or agricultural

12  lien to the extent that, in reasonable reliance upon the

13  incorrect information, the purchaser gives value and, in the

14  case of chattel paper, documents, goods, instruments, or a

15  security certificate, receives delivery of the collateral.

16  

17         Reviser's note.--Amended to conform to the

18         redesignation of s. 679.516(2)(e) as s.

19         679.516(2)(d) by s. 11, ch. 2002-242, Laws of

20         Florida.

21  

22         Section 150.  Subsection (3) of section 679.520,

23  Florida Statutes, is amended to read:

24         679.520  Acceptance and refusal to accept record.--

25         (3)  A filed financing statement satisfying s.

26  679.5021(1) and (2) is effective, even if the filing office is

27  required to refuse to accept it for filing under subsection

28  (1). However, s. 679.338 applies to a filed financing

29  statement providing information described in s. 679.516(2)(d)

30  679.516(2)(e) which is incorrect at the time the financing

31  statement is filed.


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 1         Reviser's note.--Amended to conform to the

 2         redesignation of s. 679.516(2)(e) as s.

 3         679.516(2)(d) by s. 11, ch. 2002-242, Laws of

 4         Florida.

 5  

 6         Section 151.  Paragraph (b) of subsection (2) of

 7  section 732.2025, Florida Statutes, is amended to read:

 8         732.2025  Definitions.--As used in ss.

 9  732.2025-732.2155, the term:

10         (2)  "Elective share trust" means a trust where:

11         (b)  The trust is subject to the provisions of former

12  s. 738.12 or the surviving spouse has the right under the

13  terms of the trust or state law to require the trustee either

14  to make the property productive or to convert it within a

15  reasonable time; and

16  

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

18         facilitate correct interpretation. Section

19         738.12 was repealed by s. 2, ch. 2002-42, Laws

20         of Florida.

21  

22         Section 152.  Subsection (1) of section 741.04, Florida

23  Statutes, is amended to read:

24         741.04  Marriage license issued.--

25         (1)  No county court judge or clerk of the circuit

26  court in this state shall issue a license for the marriage of

27  any person unless there shall be first presented and filed

28  with him or her an affidavit in writing, signed by both

29  parties to the marriage, providing the social security numbers

30  or any other available identification numbers of each party,

31  made and subscribed before some person authorized by law to


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 1  administer an oath, reciting the true and correct ages of such

 2  parties; unless both such parties shall be over the age of 18

 3  years, except as provided in s. 741.0405; and unless one party

 4  is a male and the other party is a female.  Pursuant to the

 5  federal Personal Responsibility and Work Opportunity

 6  Reconciliation Act of 1996, each party is required to provide

 7  his or her social security number in accordance with this

 8  section. The state has a compelling interest in promoting not

 9  only marriage but also responsible parenting, which may

10  include the payment of child support. Any person who has been

11  issued a social security number shall provide that number.

12  Disclosure of social security numbers or other identification

13  numbers obtained through this requirement shall be limited to

14  the purpose of administration of the Title IV-D program for

15  child support enforcement. Any person who is not a citizen of

16  the United States may provide either a social security number

17  or an alien registration number if one has been issued by the

18  United States Bureau of Citizenship and Immigration Services

19  Immigration and Naturalization Service. Any person who is not

20  a citizen of the United States and who has not been issued a

21  social security number or an alien registration number is

22  encouraged to provide another form of identification. Nothing

23  in this subsection shall be construed to mean that a county

24  court judge or clerk of the circuit court in this state shall

25  not issue a marriage license to individuals who are not

26  citizens of the United States if one or both of the parties

27  are unable to provide a social security number, alien

28  registration number, or other identification number.

29  

30         Reviser's note.--Amended to conform to the

31         redesignation of the Immigration and


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 1         Naturalization Service pursuant to its transfer

 2         to the Department of Homeland Security by s.

 3         451, Pub. L. No. 107-296.

 4  

 5         Section 153.  Paragraph (a) of subsection (5) of

 6  section 766.102, Florida Statutes, is amended to read:

 7         766.102  Medical negligence; standards of recovery;

 8  expert witness.--

 9         (5)  A person may not give expert testimony concerning

10  the prevailing professional standard of care unless that

11  person is a licensed health care provider and meets the

12  following criteria:

13         (a)  If the health care provider against whom or on

14  whose behalf the testimony is offered is a specialist, the

15  expert witness must:

16         1.  Specialize in the same specialty as the health care

17  provider against whom or on whose behalf the testimony is

18  offered; or specialize in a similar specialty that includes

19  the evaluation, diagnosis, or treatment of the medical

20  condition that is the subject of the claim and have prior

21  experience treating similar patients; and

22         2.  Have devoted professional time during the 3 years

23  immediately preceding the date of the occurrence that is the

24  basis for the action to:

25         a.  The active clinical practice of, or consulting with

26  respect to, the same or similar specialty that includes the

27  evaluation, diagnosis, or treatment of the medical condition

28  that is the subject of the claim and have prior experience

29  treating similar patients;

30  

31  


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 1         b.  Instruction of students in an accredited health

 2  professional school or accredited residency or clinical

 3  research program in the same or similar specialty; or

 4         c.  A clinical research program that is affiliated with

 5  an accredited health professional school or accredited

 6  residency or clinical research program in the same or similar

 7  specialty speciality.

 8  

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

10         facilitate correct interpretation.

11  

12         Section 154.  Subsections (2) and (3) of section

13  766.203, Florida Statutes, are amended to read:

14         766.203  Presuit investigation of medical negligence

15  claims and defenses by prospective parties.--

16         (2)  PRESUIT INVESTIGATION BY CLAIMANT.--Prior to

17  issuing notification of intent to initiate medical negligence

18  litigation pursuant to s. 766.106, the claimant shall conduct

19  an investigation to ascertain that there are reasonable

20  grounds to believe that:

21         (a)  Any named defendant in the litigation was

22  negligent in the care or treatment of the claimant; and

23         (b)  Such negligence resulted in injury to the

24  claimant.

25  

26  Corroboration of reasonable grounds to initiate medical

27  negligence litigation shall be provided by the claimant's

28  submission of a verified written medical expert opinion from a

29  medical expert as defined in s. 766.202(6) 766.202(5), at the

30  time the notice of intent to initiate litigation is mailed,

31  


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 1  which statement shall corroborate reasonable grounds to

 2  support the claim of medical negligence.

 3         (3)  PRESUIT INVESTIGATION BY PROSPECTIVE

 4  DEFENDANT.--Prior to issuing its response to the claimant's

 5  notice of intent to initiate litigation, during the time

 6  period for response authorized pursuant to s. 766.106, the

 7  prospective defendant or the defendant's insurer or

 8  self-insurer shall conduct an investigation as provided in s.

 9  766.106(3) to ascertain whether there are reasonable grounds

10  to believe that:

11         (a)  The defendant was negligent in the care or

12  treatment of the claimant; and

13         (b)  Such negligence resulted in injury to the

14  claimant.

15  

16  Corroboration of lack of reasonable grounds for medical

17  negligence litigation shall be provided with any response

18  rejecting the claim by the defendant's submission of a

19  verified written medical expert opinion from a medical expert

20  as defined in s. 766.202(6) 766.202(5), at the time the

21  response rejecting the claim is mailed, which statement shall

22  corroborate reasonable grounds for lack of negligent injury

23  sufficient to support the response denying negligent injury.

24  

25         Reviser's note.--Amended to conform to the

26         redesignation of s. 766.202(5) as s. 766.202(6)

27         by s. 58, ch. 2003-416, Laws of Florida.

28  

29         Section 155.  Paragraph (a) of subsection (5) of

30  section 766.206, Florida Statutes, is amended to read:

31  


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 1         766.206  Presuit investigation of medical negligence

 2  claims and defenses by court.--

 3         (5)(a)  If the court finds that the corroborating

 4  written medical expert opinion attached to any notice of claim

 5  or intent or to any response rejecting a claim lacked

 6  reasonable investigation or that the medical expert submitting

 7  the opinion did not meet the expert witness qualifications as

 8  set forth in s. 766.102(5) 766.202(5), the court shall report

 9  the medical expert issuing such corroborating opinion to the

10  Division of Medical Quality Assurance or its designee.  If

11  such medical expert is not a resident of the state, the

12  division shall forward such report to the disciplining

13  authority of that medical expert.

14  

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

16         facilitate correct interpretation. Section

17         766.202(5) defines the term "investigation."

18         Section 766.102(5) provides criteria for

19         persons giving expert testimony concerning the

20         prevailing professional standard of care.

21  

22         Section 156.  Paragraph (c) of subsection (4) of

23  section 766.209, Florida Statutes, is amended to read:

24         766.209  Effects of failure to offer or accept

25  voluntary binding arbitration.--

26         (4)  If the claimant rejects a defendant's offer to

27  enter voluntary binding arbitration:

28         (c)  Damages for future economic losses shall be

29  awarded to be paid by periodic payments pursuant to s.

30  766.202(9) 766.202(8), and shall be offset by future

31  collateral source payments.


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 1         Reviser's note.--Amended to conform to the

 2         redesignation of s. 766.202(8) as s. 766.202(9)

 3         by s. 58, ch. 2003-416, Laws of Florida.

 4  

 5         Section 157.  Paragraph (b) of subsection (6) of

 6  section 787.03, Florida Statutes, is amended to read:

 7         787.03  Interference with custody.--

 8         (6)

 9         (b)  In order to gain the exemption conferred by

10  paragraph (a), a person who takes a child pursuant to this

11  subsection must:

12         1.  Within 10 days after taking the child, make a

13  report to the sheriff's office or state attorney's office for

14  the county in which the child resided at the time he or she

15  was taken, which report must include the name of the person

16  taking the child, the current address and telephone number of

17  the person and child, and the reasons the child was taken.

18         2.  Within a reasonable time after taking the child,

19  commence a custody proceeding that is consistent with the

20  federal Parental Kidnapping Prevention Act, 28 U.S.C. s.

21  1738A, or the Uniform Child Custody Jurisdiction and

22  Enforcement Act, ss. 61.501-61.542 Act, ss. 61.1302-61.1348.

23         3.  Inform the sheriff's office or state attorney's

24  office for the county in which the child resided at the time

25  he or she was taken of any change of address or telephone

26  number of the person and child.

27  

28         Reviser's note.--Amended to conform to the

29         repeal of the Uniform Child Custody

30         Jurisdiction Act, ss. 61.1302-61.1348, by s. 7,

31         ch. 2002-65, Laws of Florida, and the creation


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 1         of the Uniform Child Custody Jurisdiction and

 2         Enforcement Act, ss. 61.501-61.542, by s. 5,

 3         ch. 2002-65.

 4  

 5         Section 158.  Section 790.061, Florida Statutes, is

 6  amended to read:

 7         790.061  Judges and justices; exceptions from licensure

 8  provisions.--A county court judge, circuit court judge,

 9  district court of appeal judge, justice of the supreme court,

10  federal district court judge, or federal court of appeals

11  judge serving in this state is not required to comply with the

12  provisions of s. 790.06 in order to receive a license to carry

13  a concealed weapon or firearm, except that any such justice or

14  judge must comply with the provisions of s. 790.06(2)(h). The

15  Department of Agriculture and Consumer Services State shall

16  issue a license to carry a concealed weapon or firearm to any

17  such justice or judge upon demonstration of competence of the

18  justice or judge pursuant to s. 790.06(2)(h).

19  

20         Reviser's note.--Amended to conform to the

21         transfer of functions relating to licensure of

22         weapons from the Department of State to the

23         Department of Agriculture and Consumer Services

24         by s. 1, ch. 2002-295, Laws of Florida.

25  

26         Section 159.  Section 817.566, Florida Statutes, is

27  amended to read:

28         817.566  Misrepresentation of association with, or

29  academic standing at, postsecondary educational

30  institution.--Any person who, with intent to defraud,

31  misrepresents his or her association with, or academic


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 1  standing or other progress at, any postsecondary educational

 2  institution by falsely making, altering, simulating, or

 3  forging a document, degree, certificate, diploma, award,

 4  record, letter, transcript, form, or other paper; or any

 5  person who causes or procures such a misrepresentation; or any

 6  person who utters and publishes or otherwise represents such a

 7  document, degree, certificate, diploma, award, record, letter,

 8  transcript, form, or other paper as true, knowing it to be

 9  false, is guilty of a misdemeanor of the first degree,

10  punishable as provided in s. 775.082 or s. 775.083.

11  Individuals who present a religious academic degree from any

12  college, university, seminary, or institution which is not

13  licensed by the Commission for Independent Education State

14  Board of Independent Colleges and Universities or which is not

15  exempt pursuant to the provisions of s. 246.085 shall disclose

16  the religious nature of the degree upon presentation.

17  

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

19         facilitate correct interpretation. Section

20         246.031, which created the State Board of

21         Independent Colleges and Universities, was

22         repealed by s. 1058, ch. 2002-387, Laws of

23         Florida. The Commission for Independent

24         Education, established in s. 1005.21, regulates

25         independent postsecondary institutions under s.

26         1005.22.

27  

28         Section 160.  Paragraph (d) of subsection (1) of

29  section 817.567, Florida Statutes, is amended to read:

30         817.567  Making false claims of academic degree or

31  title.--


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 1         (1)  No person in the state may claim, either orally or

 2  in writing, to possess an academic degree, as defined in s.

 3  1005.02, or the title associated with said degree, unless the

 4  person has, in fact, been awarded said degree from an

 5  institution that is:

 6         (d)  Licensed by the Commission for Independent

 7  Education State Board of Independent Colleges and Universities

 8  pursuant to ss. 1005.01-1005.38 or exempt from licensure

 9  pursuant to s. 246.085; or

10  

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

12         facilitate correct interpretation. Section

13         246.031, which created the State Board of

14         Independent Colleges and Universities, was

15         repealed by s. 1058, ch. 2002-387, Laws of

16         Florida. The Commission for Independent

17         Education, established in s. 1005.21, regulates

18         independent postsecondary institutions under s.

19         1005.22.

20  

21         Section 161.  Paragraph (a) of subsection (1) of

22  section 895.02, Florida Statutes, is amended to read:

23         895.02  Definitions.--As used in ss. 895.01-895.08, the

24  term:

25         (1)  "Racketeering activity" means to commit, to

26  attempt to commit, to conspire to commit, or to solicit,

27  coerce, or intimidate another person to commit:

28         (a)  Any crime which is chargeable by indictment or

29  information under the following provisions of the Florida

30  Statutes:

31  


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 1         1.  Section 210.18, relating to evasion of payment of

 2  cigarette taxes.

 3         2.  Section 403.727(3)(b), relating to environmental

 4  control.

 5         3.  Section 414.39, relating to public assistance

 6  fraud.

 7         4.  Section 409.920, relating to Medicaid provider

 8  fraud.

 9         5.  Section 440.105 or s. 440.106, relating to workers'

10  compensation.

11         6.  Sections 499.0051, 499.0052, 499.0053, 499.00545

12  499.0054, and 499.0691, relating to crimes involving

13  contraband and adulterated drugs.

14         7.  Part IV of chapter 501, relating to telemarketing.

15         8.  Chapter 517, relating to sale of securities and

16  investor protection.

17         9.  Section 550.235, s. 550.3551, or s. 550.3605,

18  relating to dogracing and horseracing.

19         10.  Chapter 550, relating to jai alai frontons.

20         11.  Chapter 552, relating to the manufacture,

21  distribution, and use of explosives.

22         12.  Chapter 560, relating to money transmitters, if

23  the violation is punishable as a felony.

24         13.  Chapter 562, relating to beverage law enforcement.

25         14.  Section 624.401, relating to transacting insurance

26  without a certificate of authority, s. 624.437(4)(c)1.,

27  relating to operating an unauthorized multiple-employer

28  welfare arrangement, or s. 626.902(1)(b), relating to

29  representing or aiding an unauthorized insurer.

30         15.  Section 655.50, relating to reports of currency

31  transactions, when such violation is punishable as a felony.


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 1         16.  Chapter 687, relating to interest and usurious

 2  practices.

 3         17.  Section 721.08, s. 721.09, or s. 721.13, relating

 4  to real estate timeshare plans.

 5         18.  Chapter 782, relating to homicide.

 6         19.  Chapter 784, relating to assault and battery.

 7         20.  Chapter 787, relating to kidnapping.

 8         21.  Chapter 790, relating to weapons and firearms.

 9         22.  Section 796.03, s. 796.04, s.  796.05, or s.

10  796.07, relating to prostitution.

11         23.  Chapter 806, relating to arson.

12         24.  Section 810.02(2)(c), relating to specified

13  burglary of a dwelling or structure.

14         25.  Chapter 812, relating to theft, robbery, and

15  related crimes.

16         26.  Chapter 815, relating to computer-related crimes.

17         27.  Chapter 817, relating to fraudulent practices,

18  false pretenses, fraud generally, and credit card crimes.

19         28.  Chapter 825, relating to abuse, neglect, or

20  exploitation of an elderly person or disabled adult.

21         29.  Section 827.071, relating to commercial sexual

22  exploitation of children.

23         30.  Chapter 831, relating to forgery and

24  counterfeiting.

25         31.  Chapter 832, relating to issuance of worthless

26  checks and drafts.

27         32.  Section 836.05, relating to extortion.

28         33.  Chapter 837, relating to perjury.

29         34.  Chapter 838, relating to bribery and misuse of

30  public office.

31         35.  Chapter 843, relating to obstruction of justice.


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 1         36.  Section 847.011, s. 847.012, s. 847.013, s.

 2  847.06, or s. 847.07, relating to obscene literature and

 3  profanity.

 4         37.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

 5  or s. 849.25, relating to gambling.

 6         38.  Chapter 874, relating to criminal street gangs.

 7         39.  Chapter 893, relating to drug abuse prevention and

 8  control.

 9         40.  Chapter 896, relating to offenses related to

10  financial transactions.

11         41.  Sections 914.22 and 914.23, relating to tampering

12  with a witness, victim, or informant, and retaliation against

13  a witness, victim, or informant.

14         42.  Sections 918.12 and 918.13, relating to tampering

15  with jurors and evidence.

16  

17         Reviser's note.--Amended to conform to the

18         redesignation of s. 499.0054 as s. 499.00545 by

19         the reviser incident to compiling the 2003

20         Florida Statutes.

21  

22         Section 162.  Paragraph (c) of subsection (3) of

23  section 921.0022, Florida Statutes, is reenacted, and

24  paragraph (j) of that subsection is amended to read:

25         921.0022  Criminal Punishment Code; offense severity

26  ranking chart.--

27         (3)  OFFENSE SEVERITY RANKING CHART

28  

29  Florida           Felony

30  Statute           Degree             Description

31  


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 1                              (c)  LEVEL 3

 2  119.10(3)          3rd      Unlawful use of confidential

 3                              information from police reports.

 4  316.066(3)

 5   (d)-(f)           3rd      Unlawfully obtaining or using

 6                              confidential crash reports.

 7  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

 8  316.1935(2)        3rd      Fleeing or attempting to elude

 9                              law enforcement officer in marked

10                              patrol vehicle with siren and

11                              lights activated.

12  319.30(4)          3rd      Possession by junkyard of motor

13                              vehicle with identification

14                              number plate removed.

15  319.33(1)(a)       3rd      Alter or forge any certificate of

16                              title to a motor vehicle or

17                              mobile home.

18  319.33(1)(c)       3rd      Procure or pass title on stolen

19                              vehicle.

20  319.33(4)          3rd      With intent to defraud, possess,

21                              sell, etc., a blank, forged, or

22                              unlawfully obtained title or

23                              registration.

24  327.35(2)(b)       3rd      Felony BUI.

25  328.05(2)          3rd      Possess, sell, or counterfeit

26                              fictitious, stolen, or fraudulent

27                              titles or bills of sale of

28                              vessels.

29  328.07(4)          3rd      Manufacture, exchange, or possess

30                              vessel with counterfeit or wrong

31                              ID number.


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 1  370.12(1)(e)5.     3rd      Taking, disturbing, mutilating,

 2                              destroying, causing to be

 3                              destroyed, transferring, selling,

 4                              offering to sell, molesting, or

 5                              harassing marine turtles, marine

 6                              turtle eggs, or marine turtle

 7                              nests in violation of the Marine

 8                              Turtle Protection Act.

 9  370.12(1)(e)6.     3rd      Soliciting to commit or

10                              conspiring to commit a violation

11                              of the Marine Turtle Protection

12                              Act.

13  376.302(5)         3rd      Fraud related to reimbursement

14                              for cleanup expenses under the

15                              Inland Protection Trust Fund.

16  400.903(3)         3rd      Operating a clinic without a

17                              license or filing false license

18                              application or other required

19                              information.

20  440.105(3)(b)      3rd      Receipt of fee or consideration

21                              without approval by judge of

22                              compensation claims.

23  440.1051(3)        3rd      False report of workers'

24                              compensation fraud or retaliation

25                              for making such a report.

26  501.001(2)(b)      2nd      Tampers with a consumer product

27                              or the container using materially

28                              false/misleading information.

29  624.401(4)(a)      3rd      Transacting insurance without a

30                              certificate of authority.

31  


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 1  624.401(4)(b)1.    3rd      Transacting insurance without a

 2                              certificate of authority; premium

 3                              collected less than $20,000.

 4  626.902(1)

 5   (a) & (b)         3rd      Representing an unauthorized

 6                              insurer.

 7  697.08             3rd      Equity skimming.

 8  790.15(3)          3rd      Person directs another to

 9                              discharge firearm from a vehicle.

10  796.05(1)          3rd      Live on earnings of a prostitute.

11  806.10(1)          3rd      Maliciously injure, destroy, or

12                              interfere with vehicles or

13                              equipment used in firefighting.

14  806.10(2)          3rd      Interferes with or assaults

15                              firefighter in performance of

16                              duty.

17  810.09(2)(c)       3rd      Trespass on property other than

18                              structure or conveyance armed

19                              with firearm or dangerous weapon.

20  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

21                              less than $10,000.

22  812.0145(2)(c)     3rd      Theft from person 65 years of age

23                              or older; $300 or more but less

24                              than $10,000.

25  815.04(4)(b)       2nd      Computer offense devised to

26                              defraud or obtain property.

27  817.034(4)(a)3.    3rd      Engages in scheme to defraud

28                              (Florida Communications Fraud

29                              Act), property valued at less

30                              than $20,000.

31  817.233            3rd      Burning to defraud insurer.


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 1  817.234(8)

 2   (b)-(c)           3rd      Unlawful solicitation of persons

 3                              involved in motor vehicle

 4                              accidents.

 5  817.234(11)(a)     3rd      Insurance fraud; property value

 6                              less than $20,000.

 7  817.236            3rd      Filing a false motor vehicle

 8                              insurance application.

 9  817.2361           3rd      Creating, marketing, or

10                              presenting a false or fraudulent

11                              motor vehicle insurance card.

12  817.413(2)         3rd      Sale of used goods as new.

13  817.505(4)         3rd      Patient brokering.

14  828.12(2)          3rd      Tortures any animal with intent

15                              to inflict intense pain, serious

16                              physical injury, or death.

17  831.28(2)(a)       3rd      Counterfeiting a payment

18                              instrument with intent to defraud

19                              or possessing a counterfeit

20                              payment instrument.

21  831.29             2nd      Possession of instruments for

22                              counterfeiting drivers' licenses

23                              or identification cards.

24  838.021(3)(b)      3rd      Threatens unlawful harm to public

25                              servant.

26  843.19             3rd      Injure, disable, or kill police

27                              dog or horse.

28  860.15(3)          3rd      Overcharging for repairs and

29                              parts.

30  870.01(2)          3rd      Riot; inciting or encouraging.

31  


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 1  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

 2                              cannabis (or other s.

 3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 4                              (2)(c)3., (2)(c)5., (2)(c)6.,

 5                              (2)(c)7., (2)(c)8., (2)(c)9.,

 6                              (3), or (4) drugs).

 7  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

 8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs within 1,000

12                              feet of university.

13  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs within 1,000

18                              feet of public housing facility.

19  893.13(6)(a)       3rd      Possession of any controlled

20                              substance other than felony

21                              possession of cannabis.

22  893.13(7)(a)8.     3rd      Withhold information from

23                              practitioner regarding previous

24                              receipt of or prescription for a

25                              controlled substance.

26  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

27                              controlled substance by fraud,

28                              forgery, misrepresentation, etc.

29  893.13(7)(a)10.    3rd      Affix false or forged label to

30                              package of controlled substance.

31  


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 1  893.13(7)(a)11.    3rd      Furnish false or fraudulent

 2                              material information on any

 3                              document or record required by

 4                              chapter 893.

 5  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

 6                              person, or owner of an animal in

 7                              obtaining a controlled substance

 8                              through deceptive, untrue, or

 9                              fraudulent representations in or

10                              related to the practitioner's

11                              practice.

12  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

13                              practitioner's practice to assist

14                              a patient, other person, or owner

15                              of an animal in obtaining a

16                              controlled substance.

17  893.13(8)(a)3.     3rd      Knowingly write a prescription

18                              for a controlled substance for a

19                              fictitious person.

20  893.13(8)(a)4.     3rd      Write a prescription for a

21                              controlled substance for a

22                              patient, other person, or an

23                              animal if the sole purpose of

24                              writing the prescription is a

25                              monetary benefit for the

26                              practitioner.

27  918.13(1)(a)       3rd      Alter, destroy, or conceal

28                              investigation evidence.

29  944.47

30   (1)(a)1.-2.       3rd      Introduce contraband to

31                              correctional facility.


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 1  944.47(1)(c)       2nd      Possess contraband while upon the

 2                              grounds of a correctional

 3                              institution.

 4  985.3141           3rd      Escapes from a juvenile facility

 5                              (secure detention or residential

 6                              commitment facility).

 7                              (j)  LEVEL 10

 8  499.00545 499.0054 1st      Sale or purchase of contraband

 9                              legend drugs resulting in death.

10  782.04(2)          1st,PBL  Unlawful killing of human; act is

11                              homicide, unpremeditated.

12  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

13                              upon or terrorize victim.

14  787.01(3)(a)       Life     Kidnapping; child under age 13,

15                              perpetrator also commits

16                              aggravated child abuse, sexual

17                              battery, or lewd or lascivious

18                              battery, molestation, conduct, or

19                              exhibition.

20  782.07(3)          1st      Aggravated manslaughter of a

21                              child.

22  794.011(3)         Life     Sexual battery; victim 12 years

23                              or older, offender uses or

24                              threatens to use deadly weapon or

25                              physical force to cause serious

26                              injury.

27  876.32             1st      Treason against the state.

28  

29         Reviser's note.--Paragraph (3)(c) is as

30         published in s. 3, ch. 2003-59; s. 2, ch.

31         2003-95; s. 8, ch. 2003-148; and s. 13, ch.


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 1         2003-411, Laws of Florida. The amendment by s.

 2         36, ch. 2003-412, Laws of Florida, inserted an

 3         unintended uncoded change of the felony degree

 4         for violations of s. 893.13(1)(f)2. from "2nd"

 5         to "3rd." The actual felony degree for

 6         violations of s. 893.13(1)(f)2. specified in

 7         that subparagraph is "2nd." Paragraph (3)(j) is

 8         amended to conform to the redesignation of s.

 9         499.0054 as s. 499.00545 by the reviser

10         incident to compiling the 2003 Florida

11         Statutes.

12  

13         Section 163.  Paragraph (b) of subsection (1) of

14  section 921.0024, Florida Statutes, is amended to read:

15         921.0024  Criminal Punishment Code; worksheet

16  computations; scoresheets.--

17         (1)

18                       (b)  WORKSHEET KEY:

19  

20  Legal status points are assessed when any form of legal status

21  existed at the time the offender committed an offense before

22  the court for sentencing. Four (4) sentence points are

23  assessed for an offender's legal status.

24  

25  Community sanction violation points are assessed when a

26  community sanction violation is before the court for

27  sentencing.  Six (6) sentence points are assessed for each

28  community sanction violation, and each successive community

29  sanction violation; however, if the community sanction

30  violation includes a new felony conviction before the

31  sentencing court, twelve (12) community sanction violation


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 1  points are assessed for such violation, and for each

 2  successive community sanction violation involving a new felony

 3  conviction. Multiple counts of community sanction violations

 4  before the sentencing court shall not be a basis for

 5  multiplying the assessment of community sanction violation

 6  points.

 7  

 8  Prior serious felony points: If the offender has a primary

 9  offense or any additional offense ranked in level 8, level 9,

10  or level 10, and one or more prior serious felonies, a single

11  assessment of 30 points shall be added. For purposes of this

12  section, a prior serious felony is an offense in the

13  offender's prior record that is ranked in level 8, level 9, or

14  level 10 under s. 921.0022 or s. 921.0023 and for which the

15  offender is serving a sentence of confinement, supervision, or

16  other sanction or for which the offender's date of release

17  from confinement, supervision, or other sanction, whichever is

18  later, is within 3 years before the date the primary offense

19  or any additional offense was committed.

20  

21  Prior capital felony points:  If the offender has one or more

22  prior capital felonies in the offender's criminal record,

23  points shall be added to the subtotal sentence points of the

24  offender equal to twice the number of points the offender

25  receives for the primary offense and any additional offense. A

26  prior capital felony in the offender's criminal record is a

27  previous capital felony offense for which the offender has

28  entered a plea of nolo contendere or guilty or has been found

29  guilty; or a felony in another jurisdiction which is a capital

30  felony in that jurisdiction, or would be a capital felony if

31  the offense were committed in this state.


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 1  

 2  Possession of a firearm, semiautomatic firearm, or machine

 3  gun:  If the offender is convicted of committing or attempting

 4  to commit any felony other than those enumerated in s.

 5  775.087(2) while having in his or her possession: a firearm as

 6  defined in s. 790.001(6), an additional 18 sentence points are

 7  assessed; or if the offender is convicted of committing or

 8  attempting to commit any felony other than those enumerated in

 9  s. 775.087(3) while having in his or her possession a

10  semiautomatic firearm as defined in s. 775.087(3) or a machine

11  gun as defined in s. 790.001(9), an additional 25 sentence

12  points are assessed.

13  

14  Sentencing multipliers:

15  

16  Drug trafficking:  If the primary offense is drug trafficking

17  under s. 893.135, the subtotal sentence points are multiplied,

18  at the discretion of the court, for a level 7 or level 8

19  offense, by 1.5.  The state attorney may move the sentencing

20  court to reduce or suspend the sentence of a person convicted

21  of a level 7 or level 8 offense, if the offender provides

22  substantial assistance as described in s. 893.135(4).

23  

24  Law enforcement protection:  If the primary offense is a

25  violation of the Law Enforcement Protection Act under s.

26  775.0823(2), the subtotal sentence points are multiplied by

27  2.5.  If the primary offense is a violation of s. 775.0823(3),

28  (4), (5), (6), (7), or (8), the subtotal sentence points are

29  multiplied by 2.0. If the primary offense is a violation of s.

30  784.07(3) or s. 775.0875(1), or of the Law Enforcement

31  


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 1  Protection Act under s. 775.0823(9) or (10), the subtotal

 2  sentence points are multiplied by 1.5.

 3  

 4  Grand theft of a motor vehicle:  If the primary offense is

 5  grand theft of the third degree involving a motor vehicle and

 6  in the offender's prior record, there are three or more grand

 7  thefts of the third degree involving a motor vehicle, the

 8  subtotal sentence points are multiplied by 1.5.

 9  

10  Offense related to a criminal street gang: If the offender is

11  convicted of the primary offense and committed that offense

12  for the purpose of benefiting, promoting, or furthering the

13  interests of a criminal street gang as prohibited under s.

14  874.04, the subtotal sentence points are multiplied by 1.5.

15  

16  Domestic violence in the presence of a child:  If the offender

17  is convicted of the primary offense and the primary offense is

18  a crime of domestic violence, as defined in s. 741.28, which

19  was committed in the presence of a child under 16 years of age

20  who is a family or household member as defined in s. 741.28(3)

21  741.28(2) with the victim or perpetrator, the subtotal

22  sentence points are multiplied by 1.5.

23  

24         Reviser's note.--Amended to conform to the

25         redesignation of s. 741.28(2) as s. 741.28(3)

26         by s. 9, ch. 2002-55, Laws of Florida, and to

27         conform to the term as defined there.

28  

29         Section 164.  Paragraph (b) of subsection (2) of

30  section 943.171, Florida Statutes, is amended to read:

31  


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 1         943.171  Basic skills training in handling domestic

 2  violence cases.--

 3         (2)  As used in this section, the term:

 4         (b)  "Household member" has the meaning set forth in s.

 5  741.28(3) 741.28(4).

 6  

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

 8         facilitate correct interpretation. The term

 9         "household member" is defined in s. 741.28(3).

10  

11         Section 165.  Effective July 1, 2004, subsection (3) of

12  section 985.203, Florida Statutes, as amended by s. 139, ch.

13  2003-402, Laws of Florida, is amended to read:

14         985.203  Right to counsel.--

15         (3)  An indigent child with nonindigent parents or

16  legal guardian may have counsel appointed pursuant to s.

17  27.52(3)(d) 27.52(2)(d) if the parents or legal guardian have

18  willfully refused to obey the court order to obtain counsel

19  for the child and have been punished by civil contempt and

20  then still have willfully refused to obey the court order.

21  Costs of representation are hereby imposed as provided by ss.

22  27.52(3)(d) 27.52(2)(d) and 938.29.

23  

24         Reviser's note.--Amended to conform to the

25         redesignation of s. 27.52(2)(d) as s.

26         27.52(3)(d) by s. 16, ch. 2003-402, Laws of

27         Florida.

28  

29         Section 166.  Subsection (4) of section 1003.52,

30  Florida Statutes, is amended to read:

31  


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 1         1003.52  Educational services in Department of Juvenile

 2  Justice programs.--

 3         (4)  Educational services shall be provided at times of

 4  the day most appropriate for the juvenile justice program.

 5  School programming in juvenile justice detention, commitment,

 6  and rehabilitation programs shall be made available by the

 7  local school district during the juvenile justice school year,

 8  as defined in s. 1003.01(11) 1003.01(12).

 9  

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

11         facilitate correct interpretation. Reference to

12         the juvenile justice school year may be found

13         in s. 1003.01(11).

14  

15         Section 167.  Subsection (4) of section 1007.27,

16  Florida Statutes, is amended to read:

17         1007.27  Articulated acceleration mechanisms.--

18         (4)  It is the intent of the Legislature to provide

19  articulated acceleration mechanisms for students who are in

20  home education programs, as defined in s. 1002.01 1003.01(11),

21  consistent with the educational opportunities available to

22  public and private secondary school students. Home education

23  students may participate in dual enrollment, career and

24  technical dual enrollment, early admission, and credit by

25  examination. Credit earned by home education students through

26  dual enrollment shall apply toward the completion of a home

27  education program that meets the requirements of s. 1002.41.

28  

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

30         facilitate correct interpretation. The term

31  


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 1         "home education program" is defined in s.

 2         1002.01.

 3  

 4         Section 168.  Subsection (1) of section 1009.29,

 5  Florida Statutes, is amended to read:

 6         1009.29  Increased fees for funding financial aid

 7  program.--

 8         (1)  Student tuition and registration fees at each

 9  state university and community college shall include up to

10  $4.68 per quarter, or $7.02 per semester, per full-time

11  student, or the per-student credit hour equivalents of such

12  amounts. The fees provided for by this section shall be

13  adjusted from time to time, as necessary, to comply with the

14  debt service coverage requirements of the student loan revenue

15  bonds issued pursuant to s. 1009.79. If the Division of Bond

16  Finance of the State Board of Education and the Commissioner

17  of Education determine that such fees are no longer required

18  as security for revenue bonds issued pursuant to ss.

19  1009.78-1009.88, moneys previously collected pursuant to this

20  section which are held in escrow, after administrative

21  expenses have been met and up to $150,000 has been used to

22  establish a financial aid data processing system for the state

23  universities incorporating the necessary features to meet the

24  needs of all eleven nine universities for application through

25  disbursement processing, shall be reallocated to the

26  generating institutions to be used for student financial aid

27  programs, including, but not limited to, scholarships and

28  grants for educational purposes. Upon such determination, such

29  fees shall no longer be assessed and collected.

30  

31  


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

 2         facilitate correct interpretation. Section

 3         1000.21(6) lists 11 institutions as state

 4         universities.

 5  

 6         Section 169.  Subsection (2) of section 1011.60,

 7  Florida Statutes, is amended to read:

 8         1011.60  Minimum requirements of the Florida Education

 9  Finance Program.--Each district which participates in the

10  state appropriations for the Florida Education Finance Program

11  shall provide evidence of its effort to maintain an adequate

12  school program throughout the district and shall meet at least

13  the following requirements:

14         (2)  MINIMUM TERM.--Operate all schools for a term of

15  at least 180 actual teaching days as prescribed in s.

16  1003.01(14) or the equivalent on an hourly basis as specified

17  by rules of the State Board of Education each school year. The

18  State Board of Education may prescribe procedures for

19  altering, and, upon written application, may alter, this

20  requirement during a national, state, or local emergency as it

21  may apply to an individual school or schools in any district

22  or districts if, in the opinion of the board, it is not

23  feasible to make up lost days, and the apportionment may, at

24  the discretion of the Commissioner of Education and if the

25  board determines that the reduction of school days is caused

26  by the existence of a bona fide emergency, be reduced for such

27  district or districts in proportion to the decrease in the

28  length of term in any such school or schools. A strike, as

29  defined in s. 447.203(6), by employees of the school district

30  may not be considered an emergency.

31  


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

 2         facilitate correct interpretation. Section

 3         1003.01(14) does not pertain to a term of 180

 4         actual teaching days.

 5  

 6         Section 170.  Subsection (9) of section 1012.56,

 7  Florida Statutes, is amended to read:

 8         1012.56  Educator certification requirements.--

 9         (9)  NONCITIZENS.--

10         (a)  The State Board of Education may adopt rules for

11  issuing certificates to noncitizens who are needed to teach

12  and who are legally admitted to the United States through the

13  United States Bureau of Citizenship and Immigration Services

14  Immigration and Naturalization Service. The filing of a

15  written oath to uphold the principles of the Constitution of

16  the United States and the Constitution of the State of

17  Florida, required under paragraph (2)(b), does not apply to

18  individuals assigned to teach on an exchange basis.

19         (b)  A certificate may not be issued to a citizen of a

20  nation controlled by forces that are antagonistic to

21  democratic forms of government, except to an individual who

22  has been legally admitted to the United States through the

23  United States Bureau of Citizenship and Immigration Services

24  Immigration and Naturalization Service.

25  

26         Reviser's note.--Amended to conform to the

27         redesignation of the Immigration and

28         Naturalization Service pursuant to its transfer

29         to the Department of Homeland Security by s.

30         451, Pub. L. No. 107-296.

31  


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 1         Section 171.  Subsection (1) of section 1013.74,

 2  Florida Statutes, is amended to read:

 3         1013.74  University authorization for fixed capital

 4  outlay projects.--

 5         (1)  Notwithstanding the provisions of chapter 216,

 6  including s. 216.351, a university may accomplish fixed

 7  capital outlay projects consistent with the provisions of this

 8  section. Projects authorized by this section shall not require

 9  educational plant survey approval as prescribed in this

10  chapter 235.

11  

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

13         facilitate correct interpretation. Chapter 235

14         was repealed by s. 1058, ch. 2002-387, Laws of

15         Florida. Chapter 1013 covers educational

16         facilities.

17  

18         Section 172.  Subsection (3) of section 1013.79,

19  Florida Statutes, is amended to read:

20         1013.79  University Facility Enhancement Challenge

21  Grant Program.--

22         (3)  There is established the Alec P. Courtelis Capital

23  Facilities Matching Trust Fund for the purpose of providing

24  matching funds from private contributions for the development

25  of high priority instructional and research-related capital

26  facilities, including common areas connecting such facilities,

27  within a university. The Legislature shall appropriate funds

28  to be transferred to the trust fund. The Public Education

29  Capital Outlay and Debt Service Trust Fund, Capital

30  Improvement Trust Fund, Division of Sponsored Research Trust

31  Fund, and Contracts and Grants Trust Fund shall not be used as


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 1  the source of the state match for private contributions. All

 2  appropriated funds deposited into the trust fund shall be

 3  invested pursuant to the provisions of s. 17.61 17.161.

 4  Interest income accruing to that portion of the trust fund

 5  shall increase the total funds available for the challenge

 6  grant program. Interest income accruing from the private

 7  donations shall be returned to the participating foundation

 8  upon completion of the project. The State Board of Education

 9  shall administer the trust fund and all related construction

10  activities.

11  

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

13         facilitate correct interpretation. Section

14         17.161 does not exist. Section 17.61 relates to

15         investment of funds.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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