HB 1213

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	28.246, 28.35, 28.36, 29.21, 34.191, 39.701, 63.087,
4	63.102, 70.20, 101.161, 112.08, 112.63, 120.536, 211.06,
5	215.20, 215.555, 216.023, 220.1895, 280.16, 287.042,
6	287.17, 288.1224, 288.12265, 288.905, 290.00689, 290.015,
7	311.125, 322.135, 327.395, 339.55, 339.64, 364.604,
8	373.145, 373.1963, 373.4592, 376.71, 376.80, 378.034,
9	378.035, 381.0046, 381.0065, 381.103, 381.734, 393.0655,
10	393.068, 394.499, 394.82, 394.9083, 395.4001, 395.404,
11	397.416, 397.97, 400.1755, 400.179, 403.4154, 409.2563,
12	409.907, 409.9071, 409.908, 409.91188, 409.912, 420.504,
13	430.205, 440.05, 440.491, 440.591, 443.191, 445.003,
14	445.009, 455.2177, 455.32, 475.615, 489.146, 497.103,
15	497.140, 497.150, 497.152, 497.153, 497.160, 497.166,
16	497.167, 497.260, 497.369, 497.453, 497.458, 497.466,
17	497.550, 497.551, 497.603, 497.604, 497.608, 550.0251,
18	553.791, 553.8413, 556.112, 558.002, 558.004, 560.408,
19	570.71, 581.131, 620.9901, 624.426, 626.641, 627.6699,
20	627.736, 628.909, 633.0215, 636.240, 641.51, 648.50,
21	650.05, 655.948, 658.60, 663.02, 663.318, 668.602,
22	717.1400, 720.303, 720.402, 720.405, 744.3678, 744.7021,
23	782.081, 784.046, 895.02, 921.0022, 932.706, 943.125,
24	944.026, 944.1905, 944.803, 948.09, 948.30, 957.07,
25	958.045, 985.404, 1009.765, and 1012.796, F.S.; reenacting
26	ss. 110.161, 288.063, 381.0072, 430.04, 446.051, 450.081,
27	489.531, 626.112, 718.112, and 721.075, F.S.; and
28	repealing ss. 30.17, 202.205, 288.971, 295.184, 373.1995,
29	394.498, 570.235, and 627.6685, F.S.; pursuant to s.
30	11.242, F.S.; deleting provisions that have expired, have
31	become obsolete, have had their effect, have served their
32	purpose, or have been impliedly repealed or superseded;
33	replacing incorrect cross-references and citations;
34	correcting grammatical, typographical, and like errors;
35	removing inconsistencies, redundancies, and unnecessary
36	repetition in the statutes; improving the clarity of the
37	statutes and facilitating their correct interpretation;
38	and confirming the restoration of provisions
39	unintentionally omitted from republication in the acts of
40	the Legislature during the amendatory process; providing
41	an effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1.  Subsection (1) of section 28.246, Florida
46	Statutes, is amended to read:
47	28.246  Payment of court-related fees, charges, and costs;
48	partial payments; distribution of funds.--
49	(1)  Beginning July 1, 2003, The clerk of the circuit court
50	shall report the following information to the Legislature and
51	the Florida Clerks of Court Operations Corporation Clerk of
52	Court Operations Conference on a form developed by the
53	Department of Financial Services:
54	(a)  The total amount of mandatory fees, service charges,
55	and costs; the total amount actually assessed; the total amount
56	discharged, waived, or otherwise not assessed; and the total
57	amount collected.
58	(b)  The amount of discretionary fees, service charges, and
59	costs assessed; the total amount discharged; and the total
60	amount collected.
61	(c)  The total amount of mandatory fines and other monetary
62	penalties; the total amount assessed; the total amount
63	discharged, waived, or otherwise not assessed; and the total
64	amount collected.
65	(d)  The amount of discretionary fines and other monetary
66	penalties assessed; the amount discharged; and the total amount
67	collected.
68
69	If provided to the clerk of court by the judge, the clerk, in
70	reporting the amount assessed, shall separately identify the
71	amount assessed pursuant to s. 938.30 as community service;
72	assessed by reducing the amount to a judgment or lien; satisfied
73	by time served; or other. The form developed by the Chief
74	Financial Officer shall include separate entries for recording
75	these amounts. The clerk shall submit the report on a quarterly
76	basis 30 days after the end of the quarter for the period from
77	July 1, 2003, through June 30, 2004, and on an annual basis
78	thereafter, 60 days after the end of the county fiscal year.
79
80	Reviser's note.--Section 23, ch. 2004-265, Laws of
81	Florida, replaced the Clerk of Court Operations
82	Conference with the Florida Clerks of Court Operations
83	Corporation. Subsection (1) is also amended to delete
84	material that has served its purpose.
85
86	Section 2.  Paragraph (a) of subsection (3) of section
87	28.35, Florida Statutes, is amended to read:
88	28.35  Florida Clerks of Court Operations Corporation.--
89	(3)(a)  The Clerks of Court Operations Corporation shall
90	certify to the President of the Senate, the Speaker of the House
91	of Representatives, the Chief Financial Officer, and the
92	Department of Revenue by October 15 of each year, the amount of
93	the proposed budget certified for each clerk; the revenue
94	projection supporting each clerk's budget; each clerk eligible
95	to retain some or all of the state's share of fines, fees,
96	service charges, and costs; the amount to be paid to each clerk
97	from the Clerks of the Court Trust Fund within the Department of
98	Revenue; the performance measures and standards approved by the
99	corporation conference for each clerk; and the performance of
100	each clerk in meeting the performance standards.
101
102	Reviser's note.--Section 23, ch. 2004-265, Laws of
103	Florida, replaced the Clerk of Court Operations
104	Conference with the Florida Clerks of Court Operations
105	Corporation.
106
107	Section 3.  Paragraph (a) of subsection (3) of section
108	28.36, Florida Statutes, is amended to read:
109	28.36  Budget procedure.--There is hereby established a
110	budget procedure for the court-related functions of the clerks
111	of the court.
112	(3)  Each proposed budget shall further conform to the
113	following requirements:
114	(a)  On or before August 1 for each fiscal year thereafter,
115	the proposed budget shall be prepared, summarized, and submitted
116	by the clerk in each county to the Clerks of Court Operations
117	Corporation in the manner and form prescribed by the corporation
118	conference. The proposed budget must provide detailed
119	information on the anticipated revenues available and
120	expenditures necessary for the performance of the standard list
121	of court-related functions of the clerk's office developed
122	pursuant to s. 28.35(4)(a) for the county fiscal year beginning
123	the following October 1.
124
125	Reviser's note.--Section 23, ch. 2004-265, Laws of
126	Florida, replaced the Clerk of Court Operations
127	Conference with the Florida Clerks of Court Operations
128	Corporation.
129
130	Section 4.  Section 29.21, Florida Statutes, is amended to
131	read:
132	29.21  Department of Management Services to provide
133	assistance in procuring services.--In accordance with s.
134	287.042, the Department of Management Services department may
135	assist the Office of the State Courts Administrator and the
136	Justice Administrative Commission with competitive solicitations
137	for the procurement of state-funded services under this chapter.
138	This may include assistance in the development and review of
139	proposals in compliance with chapter 287, and rules adopted
140	under that chapter.
141
142	Reviser's note.--Amended to improve clarity and
143	facilitate correct interpretation. The language of
144	this section is derived from subsection (2) of s. 99,
145	ch. 2004-265, Laws of Florida. Subsection (1) of s.
146	99, ch. 2004-265, provides for certain time-limited
147	duties of the Department of Management Services.
148
149	Section 5.  Section 30.17, Florida Statutes, is repealed.
150
151	Reviser's note.--This section, which relates to
152	docketing newly delivered writs of executions, until
153	October 1, 2001, has served its purpose. The docket of
154	executions was only required to be maintained until
155	October 1, 2003.
156
157	Section 6.  Section 34.191, Florida Statutes, is amended to
158	read:
159	34.191  Fines and forfeitures; dispositions.--All fines and
160	forfeitures arising from offenses tried in the county court
161	shall be collected and accounted for by the clerk of the court
162	and, other than the charge provided in s. 318.1215, disbursed in
163	accordance with ss. 28.2402, 34.045, 142.01, and 142.03 142.13
164	and subject to the provisions of s. 28.246(5) and (6).
165	Notwithstanding the provisions of this section, all fines and
166	forfeitures arising from operation of the provisions of s.
167	318.1215 shall be disbursed in accordance with that section. All
168	fines and forfeitures received from violations of municipal
169	ordinances committed within a municipality within the
170	territorial jurisdiction of the county court, other than the
171	charge provided in s. 318.1215, shall be paid monthly to the
172	municipality except as provided in s. 28.2402(2), s. 34.045(2),
173	s. 318.21, or s. 943.25. All other fines and forfeitures
174	collected by the clerk, other than the charge provided in s.
175	318.1215, shall be considered income of the office of the clerk
176	for use in performing court-related duties of the office.
177
178	Reviser's note.--Amended to conform to the repeal of
179	s. 142.13 by s. 101, ch. 2004-265, Laws of Florida.
180	Section 142.03 relates to disposition of fines,
181	forfeitures, and civil penalties to municipalities.
182
183	Section 7.  Paragraph (c) of subsection (2) and paragraph
184	(a) of subsection (9) of section 39.701, Florida Statutes, are
185	amended to read:
186	39.701  Judicial review.--
187	(2)
188	(c)  Notice of a hearing by a citizen review panel must be
189	provided as set forth in subsection (5). At the conclusion of a
190	citizen review panel hearing, each party may propose a
191	recommended order to the chairperson of the panel. Thereafter,
192	the citizen review panel shall submit its report, copies of the
193	proposed recommended orders, and a copy of the panel's
194	recommended order to the court. The citizen review panel's
195	recommended order must be limited to the dispositional options
196	available to the court in subsection (9)(8). Each party may file
197	exceptions to the report and recommended order of the citizen
198	review panel in accordance with Rule 1.490, Florida Rules of
199	Civil Procedure.
200	(9)(a)  Based upon the criteria set forth in subsection
201	(8)(7) and the recommended order of the citizen review panel, if
202	any, the court shall determine whether or not the social service
203	agency shall initiate proceedings to have a child declared a
204	dependent child, return the child to the parent, continue the
205	child in out-of-home care for a specified period of time, or
206	initiate termination of parental rights proceedings for
207	subsequent placement in an adoptive home. Modifications to the
208	plan must be handled as prescribed in s. 39.601. If the court
209	finds that the prevention or reunification efforts of the
210	department will allow the child to remain safely at home or be
211	safely returned to the home, the court shall allow the child to
212	remain in or return to the home after making a specific finding
213	of fact that the reasons for the creation of the case plan have
214	been remedied to the extent that the child's safety, well-being,
215	and physical, mental, and emotional health will not be
216	endangered.
217
218	Reviser's note.--Amended to conform to the
219	redesignation of s. 39.701(8) as s. 39.701(9) and the
220	redesignation of s. 39.701(7) as s. 39.701(8) by s. 2,
221	ch. 2004-362, Laws of Florida.
222
223	Section 8.  Paragraph (e) of subsection (4) of section
224	63.087, Florida Statutes, is amended to read:
225	63.087  Proceeding to terminate parental rights pending
226	adoption; general provisions.--
227	(4)  PETITION.--
228	(e)  The petition must include:
229	1.  The minor's name, gender, date of birth, and place of
230	birth. The petition must contain all names by which the minor is
231	or has been known, excluding the minor's prospective adoptive
232	name but including the minor's legal name at the time of the
233	filing of the petition. In the case of an infant child whose
234	adoptive name appears on the original birth certificate, the
235	adoptive name shall not be included in the petition, nor shall
236	it be included elsewhere in the termination of parental rights
237	proceeding.
238	2.  All information required by the Uniform Child Custody
239	Jurisdiction and Enforcement Act and the Indian Child Welfare
240	Act.
241	3.  A statement of the grounds under s. 63.089 upon which
242	the petition is based.
243	4.  The name, address, and telephone number of any adoption
244	entity seeking to place the minor for adoption.
245	5.  The name, address, and telephone number of the division
246	of the circuit court in which the petition is to be filed.
247	6.  A certification of compliance with the requirements of
248	s. 63.0425 regarding notice to grandparents of an impending
249	adoption.
250
251	Reviser's note.--Amended to conform to the repeal and
252	replacement of the Uniform Child Custody Jurisdiction
253	Act with the Uniform Child Custody Jurisdiction and
254	Enforcement Act by chapter 2002-65, Laws of Florida.
255
256	Section 9.  Subsection (2) of section 63.102, Florida
257	Statutes, is amended to read:
258	63.102  Filing of petition for adoption or declaratory
259	statement; venue; proceeding for approval of fees and costs.--
260	(2)  VENUE.--A petition for adoption or for a declaratory
261	statement as to the adoption contract shall be filed in the
262	county where the petition for termination of parental rights was
263	granted, unless the court, in accordance with s. 47.122, changes
264	the venue to the county where the petitioner or petitioners or
265	the minor resides or where the adoption entity with which the
266	minor has been placed is located. The circuit court in this
267	state must retain jurisdiction over the matter until a final
268	judgment is entered on the adoption. The Uniform Child Custody
269	Jurisdiction and Enforcement Act does not apply until a final
270	judgment is entered on the adoption.
271
272	Reviser's note.--Amended to conform to the repeal and
273	replacement of the Uniform Child Custody Jurisdiction
274	Act with the Uniform Child Custody Jurisdiction and
275	Enforcement Act by chapter 2002-65, Laws of Florida.
276
277	Section 10.  Subsection (13) of section 70.20, Florida
278	Statutes, is repealed.
279
280	Reviser's note.--Repealed to delete obsolete language
281	relating to a study of the value of offsite signs in
282	relation to the valuation of commercial properties for
283	ad valorem tax purposes. The Office of Program Policy
284	Analysis and Government Accountability was to have
285	completed the study by December 31, 2002.
286
287	Section 11.  Subsection (3) of section 101.161, Florida
288	Statutes, is amended to read:
289	101.161  Referenda; ballots.--
290	(3)(a)  The ballot for the general election in the year
291	2000 must contain a statement allowing voters to determine
292	whether circuit or county court judges will be selected by merit
293	selection and retention as provided in s. 10, Art. V of the
294	State Constitution. The ballot in each circuit must contain the
295	statement in paragraph (c). The ballot in each county must
296	contain the statement in paragraph (e).
297	(a)(b)  For any general election in which the Secretary of
298	State, for any circuit, or the supervisor of elections, for any
299	county, has certified the ballot position for an initiative to
300	change the method of selection of judges, the ballot for any
301	circuit must contain the statement in paragraph (b)(c) or
302	paragraph (c)(d) and the ballot for any county must contain the
303	statement in paragraph (d)(e) or paragraph (e)(f).
304	(b)(c)  In any circuit where the initiative is to change
305	the selection of circuit court judges to selection by merit
306	selection and retention, the ballot shall state: "Shall the
307	method of selecting circuit court judges in the (number of the
308	circuit) judicial circuit be changed from election by a vote of
309	the people to selection by the judicial nominating commission
310	and appointment by the Governor with subsequent terms determined
311	by a retention vote of the people?" This statement must be
312	followed by the word "yes" and also by the word "no."
313	(c)(d)  In any circuit where the initiative is to change
314	the selection of circuit court judges to election by the voters,
315	the ballot shall state: "Shall the method of selecting circuit
316	court judges in the (number of the circuit) judicial circuit be
317	changed from selection by the judicial nominating commission and
318	appointment by the Governor with subsequent terms determined by
319	a retention vote of the people to election by a vote of the
320	people?" This statement must be followed by the word "yes" and
321	also by the word "no."
322	(d)(e)  In any county where the initiative is to change the
323	selection of county court judges to merit selection and
324	retention, the ballot shall state: "Shall the method of
325	selecting county court judges in ...(name of county)... be
326	changed from election by a vote of the people to selection by
327	the judicial nominating commission and appointment by the
328	Governor with subsequent terms determined by a retention vote of
329	the people?" This statement must be followed by the word "yes"
330	and also by the word "no."
331	(e)(f)  In any county where the initiative is to change the
332	selection of county court judges to election by the voters, the
333	ballot shall state: "Shall the method of selecting county court
334	judges in ...(name of the county)... be changed from selection
335	by the judicial nominating commission and appointment by the
336	Governor with subsequent terms determined by a retention vote of
337	the people to election by a vote of the people?" This statement
338	must be followed by the word "yes" and also by the word "no."
339
340	Reviser's note.--Amended to delete obsolete language
341	relating to the ballot for the general election in the
342	year 2000.
343
344	Section 12.  Subsection (3) of section 110.161, Florida
345	Statutes, is reenacted to read:
346	110.161  State employees; pretax benefits program.--
347	(3)  It is found and declared that the maintenance of a
348	system of personnel management which ensures the state the
349	delivery of high-quality performance by employees is facilitated
350	by the state's ability to attract and retain qualified
351	personnel. The Legislature recognizes that the public interest
352	is best served by development of a benefits program which is not
353	only cost-efficient but sufficiently flexible to meet the
354	individual needs of its employees.
355
356	Reviser's note.--Section 6, ch. 2004-347, Laws of
357	Florida, purported to amend subsections (2) and (3)
358	but actually amended subsections (2) and (7), failing
359	to publish subsection (3). Absent affirmative evidence
360	that the Legislature intended to repeal it, subsection
361	(3) is reenacted to confirm that the omission was not
362	intended.
363
364	Section 13.  Paragraph (b) of subsection (2) of section
365	112.08, Florida Statutes, is amended to read:
366	112.08  Group insurance for public officers, employees, and
367	certain volunteers; physical examinations.--
368	(2)
369	(b)  In order to obtain approval from the Office of
370	Insurance Regulation of any self-insured plan for health,
371	accident, and hospitalization coverage, each local governmental
372	unit or consortium shall submit its plan along with a
373	certification as to the actuarial soundness of the plan, which
374	certification is prepared by an actuary who is a member of the
375	Society of Actuaries or the American Academy of Actuaries. The
376	Office of Insurance Regulation shall not approve the plan unless
377	it determines that the plan is designed to provide sufficient
378	revenues to pay current and future liabilities, as determined
379	according to generally accepted actuarial principles. After
380	implementation of an approved plan, each local governmental unit
381	or consortium shall annually submit to the Office of Insurance
382	Regulation a report which includes a statement prepared by an
383	actuary who is a member of the Society of Actuaries or the
384	American Academy of Actuaries as to the actuarial soundness of
385	the plan. The report is due 90 days after the close of the
386	fiscal year of the plan. The report shall consist of, but is not
387	limited to:
388	1.  The adequacy of contribution rates in meeting the level
389	of benefits provided and the changes, if any, needed in the
390	contribution rates to achieve or preserve a level of funding
391	deemed adequate to enable payment of the benefit amounts
392	provided under the plan and a valuation of present assets, based
393	on statement value, and prospective assets and liabilities of
394	the plan and the extent of any unfunded accrued liabilities.
395	2.  A plan to amortize any unfunded liabilities and a
396	description of actions taken to reduce unfunded liabilities.
397	3.  A description and explanation of actuarial assumptions.
398	4.  A schedule illustrating the amortization of any
399	unfunded liabilities.
400	5.  A comparative review illustrating the level of funds
401	available to the plan from rates, investment income, and other
402	sources realized over the period covered by the report with the
403	assumptions used.
404	6.  A statement by the actuary that the report is complete
405	and accurate and that in the actuary's opinion the techniques
406	and assumptions used are reasonable and meet the requirements
407	and intent of this subsection.
408	7.  Other factors or statements as required by the office
409	Department of Insurance in order to determine the actuarial
410	soundness of the plan.
411
412	All assumptions used in the report shall be based on recognized
413	actuarial principles acceptable to the Office of Insurance
414	Regulation. The office shall review the report and shall notify
415	the administrator of the plan and each entity participating in
416	the plan, as identified by the administrator, of any actuarial
417	deficiencies. Each local governmental unit is responsible for
418	payment of valid claims of its employees that are not paid
419	within 60 days after receipt by the plan administrator or
420	consortium.
421
422	Reviser's note.--Amended to conform to the transfer of
423	certain functions of the Department of Insurance to
424	the Office of Insurance Regulation of the Department
425	of Financial Services by ch. 2002-404, Laws of
426	Florida.
427
428	Section 14.  Subsection (2) of section 112.63, Florida
429	Statutes, is amended to read:
430	112.63  Actuarial reports and statements of actuarial
431	impact; review.--
432	(2)  The frequency of actuarial reports must be at least
433	every 3 years commencing from the last actuarial report of the
434	plan or system or October 1, 1980, if no actuarial report has
435	been issued within the 3-year period prior to October 1, 1979.
436	The results of each actuarial report shall be filed with the
437	plan administrator within 60 days of certification. Thereafter,
438	the results of each actuarial report shall be made available for
439	inspection upon request. Additionally, each retirement system or
440	plan covered by this act which is not administered directly by
441	the Department of Management Services shall furnish a copy of
442	each actuarial report to the Department of Management Services
443	within 60 days after receipt from the actuary. The requirements
444	of this section are supplemental to actuarial valuations
445	necessary to comply with the requirements of s. ss. 218.321 and
446	218.39.
447
448	Reviser's note.--Amended to conform to the repeal of
449	s. 218.321 by s. 27, ch. 2004-305, Laws of Florida.
450
451	Section 15.  Paragraph (a) of subsection (2) and subsection
452	(3) of section 120.536, Florida Statutes, are repealed, and
453	paragraph (b) of subsection (2) of that section is amended to
454	read:
455	120.536  Rulemaking authority; listing of rules exceeding
456	authority; repeal; challenge.--
457	(2)
458	(b)  By October 1, 1999, each agency shall provide to the
459	Administrative Procedures Committee a listing of each rule, or
460	portion thereof, adopted by that agency before June 18, 1999,
461	which exceeds the rulemaking authority permitted by this
462	section. For those rules of which only a portion exceeds the
463	rulemaking authority permitted by this section, the agency shall
464	also identify the language of the rule which exceeds this
465	authority.  The Administrative Procedures Committee shall
466	combine the lists and provide the cumulative listing to the
467	President of the Senate and the Speaker of the House of
468	Representatives.  The Legislature shall, at the 2000 Regular
469	Session, consider whether specific legislation authorizing the
470	identified rules, or portions thereof, should be enacted.  By
471	January 1, 2001, each agency shall initiate proceedings pursuant
472	to s. 120.54 to repeal each rule, or portion thereof, identified
473	as exceeding the rulemaking authority permitted by this section
474	for which authorizing legislation does not exist. By February 1,
475	2001, the Administrative Procedures Committee shall submit to
476	the President of the Senate and the Speaker of the House of
477	Representatives a report identifying those rules that an agency
478	had previously identified as exceeding the rulemaking authority
479	permitted by this section for which proceedings to repeal the
480	rule have not been initiated.  As of July 1, 2001, The
481	Administrative Procedures Committee or any substantially
482	affected person may petition an agency to repeal any rule, or
483	portion thereof, because it exceeds the rulemaking authority
484	permitted by this section.  Not later than 30 days after the
485	date of filing the petition if the agency is headed by an
486	individual, or not later than 45 days if the agency is headed by
487	a collegial body, the agency shall initiate rulemaking
488	proceedings to repeal the rule, or portion thereof, or deny the
489	petition, giving a written statement of its reasons for the
490	denial.
491
492	Reviser's note.--Amended to delete provisions that
493	have served their purpose. Paragraph (2)(a) related to
494	a review of all rules adopted prior to October 1,
495	1996. Subsection (3) related to challenges to certain
496	rules during the rule review process.
497
498	Section 16.  Section 202.205, Florida Statutes, is
499	repealed.
500
501	Reviser's note.--Repealed to delete obsolete language
502	relating to transitional rates for local
503	communications services.
504
505	Section 17.  Subsection (2) of section 211.06, Florida
506	Statutes, is repealed.
507
508	Reviser's note.--Repealed to delete an obsolete
509	provision. This provision governs distributions for
510	proceeds remaining in the Oil and Gas Tax Trust Fund
511	through June 30, 1995.
512
513	Section 18.  Subparagraph 8. of paragraph (j) of subsection
514	(4) of section 215.20, Florida Statutes, is repealed.
515
516	Reviser's note.--Repealed to conform to the
517	termination of the Forfeited Property Trust Fund by s.
518	1, ch. 2004-234, Laws of Florida, and the transfer of
519	current balances and revenues to the Internal
520	Improvement Trust Fund. The Internal Improvement Trust
521	Fund is already included in the list of funds under
522	the Department of Environmental Protection in
523	paragraph (4)(j).
524
525	Section 19.  Paragraph (b) of subsection (6) of section
526	215.555, Florida Statutes, is amended to read:
527	215.555  Florida Hurricane Catastrophe Fund.--
528	(6)  REVENUE BONDS.--
529	(b)  Emergency assessments.--
530	1.  If the board determines that the amount of revenue
531	produced under subsection (5) is insufficient to fund the
532	obligations, costs, and expenses of the fund and the
533	corporation, including repayment of revenue bonds and that
534	portion of the debt service coverage not met by reimbursement
535	premiums, the board shall direct the Office of Insurance
536	Regulation to levy, by order, an emergency assessment on direct
537	premiums for all property and casualty lines of business in this
538	state, including property and casualty business of surplus lines
539	insurers regulated under part VIII of chapter 626, but not
540	including any workers' compensation premiums or medical
541	malpractice premiums. As used in this subsection, the term
542	"property and casualty business" includes all lines of business
543	identified on Form 2, Exhibit of Premiums and Losses, in the
544	annual statement required of authorized insurers by s. 624.424
545	and any rule adopted under this section, except for those lines
546	identified as accident and health insurance and except for
547	policies written under the National Flood Insurance Program. The
548	assessment shall be specified as a percentage of future premium
549	collections and is subject to annual adjustments by the board to
550	reflect changes in premiums subject to assessments collected
551	under this subparagraph in order to meet debt obligations. The
552	same percentage shall apply to all policies in lines of business
553	subject to the assessment issued or renewed during the 12-month
554	period beginning on the effective date of the assessment.
555	2.  A premium is not subject to an annual assessment under
556	this paragraph in excess of 6 percent of premium with respect to
557	obligations arising out of losses attributable to any one
558	contract year, and a premium is not subject to an aggregate
559	annual assessment under this paragraph in excess of 10 percent
560	of premium. An annual assessment under this paragraph shall
561	continue until the revenue bonds issued with respect to which
562	the assessment was imposed are outstanding, including any bonds
563	the proceeds of which were used to refund the revenue bonds,
564	unless adequate provision has been made for the payment of the
565	bonds under the documents authorizing issuance of the bonds.
566	3.  With respect to each insurer collecting premiums that
567	are subject to the assessment, the insurer shall collect the
568	assessment at the same time as it collects the premium payment
569	for each policy and shall remit the assessment collected to the
570	fund or corporation as provided in the order issued by the
571	Office of Insurance Regulation. The office shall verify the
572	accurate and timely collection and remittance of emergency
573	assessments and shall report the information to the board in a
574	form and at a time specified by the board. Each insurer
575	collecting assessments shall provide the information with
576	respect to premiums and collections as may be required by the
577	office to enable the office to monitor and verify compliance
578	with this paragraph.
579	4.  With respect to assessments of surplus lines premiums,
580	each surplus lines agent shall collect the assessment at the
581	same time as the agent collects the surplus lines tax required
582	by s. 626.932, and the surplus lines agent shall remit the
583	assessment to the Florida Surplus Lines Service Office created
584	by s. 626.921 at the same time as the agent remits the surplus
585	lines tax to the Florida Surplus Lines Service Office. The
586	emergency assessment on each insured procuring coverage and
587	filing under s. 626.938 shall be remitted by the insured to the
588	Florida Surplus Lines Service Office at the time the insured
589	pays the surplus lines tax to the Florida Surplus Lines Service
590	Office. The Florida Surplus Lines Service Office shall remit the
591	collected assessments to the fund or corporation as provided in
592	the order levied by the Office of Insurance Regulation. The
593	Florida Surplus Lines Service Office shall verify the proper
594	application of such emergency assessments and shall assist the
595	board in ensuring the accurate and timely collection and
596	remittance of assessments as required by the board. The Florida
597	Surplus Lines Service Office shall annually calculate the
598	aggregate written premium on property and casualty business,
599	other than workers' compensation and medical malpractice,
600	procured through surplus lines agents and insureds procuring
601	coverage and filing under s. 626.938 and shall report the
602	information to the board in a form and at a time specified by
603	the board.
604	5.  Any assessment authority not used for a particular
605	contract year may be used for a subsequent contract year. If,
606	for a subsequent contract year, the board determines that the
607	amount of revenue produced under subsection (5) is insufficient
608	to fund the obligations, costs, and expenses of the fund and the
609	corporation, including repayment of revenue bonds and that
610	portion of the debt service coverage not met by reimbursement
611	premiums, the board shall direct the Office of Insurance
612	Regulation to levy an emergency assessment up to an amount not
613	exceeding the amount of unused assessment authority from a
614	previous contract year or years, plus an additional 4 percent
615	provided that the assessments in the aggregate do not exceed the
616	limits specified in subparagraph 2.
617	6.  The assessments otherwise payable to the corporation
618	under this paragraph shall be paid to the fund unless and until
619	the Office of Insurance Regulation and the Florida Surplus Lines
620	Service Office have received from the corporation and the fund a
621	notice, which shall be conclusive and upon which they may rely
622	without further inquiry, that the corporation has issued bonds
623	and the fund has no agreements in effect with local governments
624	under paragraph (c). On or after the date of the notice and
625	until the date the corporation has no bonds outstanding, the
626	fund shall have no right, title, or interest in or to the
627	assessments, except as provided in the fund's agreement with the
628	corporation.
629	7.  Emergency assessments are not premium and are not
630	subject to the premium tax, to the surplus lines tax, to any
631	fees, or to any commissions. An insurer is liable for all
632	assessments that it collects and must treat the failure of an
633	insured to pay an assessment as a failure to pay the premium. An
634	insurer is not liable for uncollectible assessments.
635	8.  When an insurer is required to return an unearned
636	premium, it shall also return any collected assessment
637	attributable to the unearned premium. A credit adjustment to the
638	collected assessment may be made by the insurer with regard to
639	future remittances that are payable to the fund or corporation,
640	but the insurer is not entitled to a refund.
641	9.  When a surplus lines insured or an insured who has
642	procured coverage and filed under s. 626.938 is entitled to the
643	return of an unearned premium, the Florida Surplus Lines Service
644	Office shall provide a credit or refund to the agent or such
645	insured for the collected assessment attributable to the
646	unearned premium prior to remitting the emergency assessment
647	collected to the fund or corporation.
648	10.  The exemption of medical malpractice insurance
649	premiums from emergency assessments under this paragraph is
650	repealed May 31, 2007, and medical malpractice insurance
651	premiums shall be subject to emergency assessments attributable
652	to loss events occurring in the contract years commencing on
653	June 1, 2007.
654
655	Reviser's note.--Amended to conform to the correct
656	name of the Florida Surplus Lines Service Office as
657	referenced elsewhere in that paragraph.
658
659	Section 20.  Subsection (5) of section 216.023, Florida
660	Statutes, is amended to read:
661	216.023  Legislative budget requests to be furnished to
662	Legislature by agencies.--
663	(5)  At the time specified in the legislative budget
664	instructions and in sufficient time to be included in the
665	Governor's recommended budget, the judicial branch is required
666	to submit a performance-based program budget request. The Chief
667	Justice of the Supreme Court shall identify and, after
668	consultation with the Office of Program Policy Analysis and
669	Government Accountability, submit to the President of the Senate
670	and the Speaker of the House of Representatives a list of
671	proposed programs and associated performance measures. The
672	judicial branch shall provide documentation to accompany the
673	list of proposed programs and performance measures as provided
674	under subsection (4). The judicial branch shall submit a
675	performance-based program agency budget request using the
676	programs and performance measures adopted by the Legislature.
677	The Chief Justice may propose revisions to approved programs or
678	performance measures for the judicial branch. The Legislature
679	shall have final approval of all programs and associated
680	performance measures and standards for the judicial branch
681	through the General Appropriations Act or legislation
682	implementing the General Appropriations Act. By September 15,
683	2001, the Chief Justice of the Supreme Court shall submit to the
684	President of the Senate and the Speaker of the House of
685	Representatives a performance-based program budget request for
686	programs of the judicial branch approved by the Legislature and
687	provide a copy to the Executive Office of the Governor.
688
689	Reviser's note.--Amended to delete a provision that
690	has served its purpose.
691
692	Section 21.  Section 220.1895, Florida Statutes, is amended
693	to read:
694	220.1895  Rural Job Tax Credit and Urban High-Crime Area
695	Job Tax Credit.--There shall be allowed a credit against the tax
696	imposed by this chapter amounts approved by the Office of
697	Tourism, Trade, and Economic Development pursuant to the Rural
698	Job Tax Credit Program in s. 212.098 and the Urban High-Crime
699	Area Job Tax Credit Program in s. 212.097. A corporation that
700	uses its credit against the tax imposed by this chapter may not
701	take the credit against the tax imposed by chapter 212. If any
702	credit granted under this section is not fully used in the first
703	year for which it becomes available, the unused amount may be
704	carried forward for a period not to exceed 5 years. The
705	carryover may be used in a subsequent year when the tax imposed
706	by this chapter for such year exceeds the credit for such year
707	under this section after applying the other credits and unused
708	credit carryovers in the order provided in s. 220.02(8). The
709	Office of Tourism, Trade, and Economic Development shall conduct
710	a review of the Urban High-Crime Area Job Tax Credit and the
711	Rural Job Tax Credit Program and submit its report to the
712	Governor, the President of the Senate, and the Speaker of the
713	House of Representatives by February 1, 2000.
714
715	Reviser's note.--Amended to delete a provision that
716	has served its purpose.
717
718	Section 22.  Paragraph (d) of subsection (1) of section
719	280.16, Florida Statutes, is amended to read:
720	280.16  Requirements of qualified public depositories;
721	confidentiality.--
722	(1)  In addition to any other requirements specified in
723	this chapter, qualified public depositories shall:
724	(d)  Submit to the Chief Financial Officer annually, not
725	later than November 30, a report of all public deposits held for
726	the credit of all public depositors at the close of business on
727	September 30. Such annual report shall consist of public deposit
728	information in a report format prescribed by the Chief Financial
729	Officer. The manner of required filing may be as a signed
730	writing or electronic data transmission, at the discretion of
731	the Chief Financial Officer Treasurer.
732
733	Reviser's note.--Amended to conform to the
734	redesignation of the Treasurer as the Chief Financial
735	Officer by ch. 2002-404, Laws of Florida.
736
737	Section 23.  Paragraph (b) of subsection (3) of section
738	287.042, Florida Statutes, is amended to read:
739	287.042  Powers, duties, and functions.--The department
740	shall have the following powers, duties, and functions:
741	(3)  To establish a system of coordinated, uniform
742	procurement policies, procedures, and practices to be used by
743	agencies in acquiring commodities and contractual services,
744	which shall include, but not be limited to:
745	(b)1.  Development of procedures for advertising
746	solicitations. These procedures must provide for electronic
747	posting of solicitations for at least 10 days before the date
748	set for receipt of bids, proposals, or replies, unless the
749	department or other agency determines in writing that a shorter
750	period of time is necessary to avoid harming the interests of
751	the state. The Office of Supplier Diversity may consult with the
752	department regarding the development of solicitation
753	distribution procedures to ensure that maximum distribution is
754	afforded to certified minority business enterprises as defined
755	in s. 288.703.
756	2.  Development of procedures for electronic posting. The
757	department shall designate a centralized website on the Internet
758	for the department and other agencies to electronically post
759	solicitations, decisions or intended decisions, and other
760	matters relating to procurement. From July 1, 2002, until July
761	1, 2003, the department shall publish a notice in each edition
762	of the Florida Administrative Weekly which indicates the
763	specific URL or Internet address for the centralized website.
764
765	Reviser's note.--Amended to delete a provision that
766	has served its purpose.
767
768	Section 24.  Subsection (5) of section 287.17, Florida
769	Statutes, is repealed.
770
771	Reviser's note.--Repealed to delete an obsolete
772	provision. The required reviews of motor vehicle use
773	were to be conducted by December 31, 2000.
774
775	Section 25.  Subsection (10) of section 288.063, Florida
776	Statutes, is reenacted to read:
777	288.063  Contracts for transportation projects.--
778	(10)  In addition to the other provisions of this section,
779	projects that the Legislature deems necessary to facilitate the
780	economic development and growth of the state may be designated
781	and funded in the General Appropriations Act. Such
782	transportation projects create new employment opportunities,
783	expand transportation infrastructure, improve mobility, or
784	increase transportation innovation. The Office of Tourism,
785	Trade, and Economic Development shall enter into contracts with,
786	and make expenditures to, the appropriate entities for the costs
787	of transportation projects designated in the General
788	Appropriations Act.
789
790	Reviser's note.--Subsection (10) was amended by s. 7,
791	ch. 2004-242, Laws of Florida, to delete the July 1,
792	2003, repeal formerly set out in the section. Section
793	5, ch. 2004-6, a reviser's bill, repealed the
794	subsection pursuant to the July 1, 2003, repeal.
795	Absent affirmative evidence of legislative intent to
796	repeal it, subsection (10) is reenacted to confirm its
797	status.
798
799	Section 26.  Paragraph (e) of subsection (4) of section
800	288.1224, Florida Statutes, is repealed.
801
802	Reviser's note.--Repealed to delete an obsolete
803	provision. The required review and subsequent report
804	were to be completed by January 1, 2003.
805
806	Section 27.  Section 288.12265, Florida Statutes, is
807	amended to read:
808	288.12265  Welcome centers.--
809	(1)  Effective July 1, 1999, Responsibility for the welcome
810	centers is assigned to the Florida Commission on Tourism which
811	shall contract with the commission's direct-support organization
812	to employ all welcome center staff.  On or before June 30, 1999,
813	all welcome center staff shall be offered employment through the
814	direct-support organization at the same salary such staff
815	received through the Department of Transportation, prior to July
816	1, 1999, but with the same benefits provided by the direct-
817	support organization to the organization's employees.  Welcome
818	center employees shall have until January 1, 2000, to choose to
819	be employed by the direct-support organization or to remain
820	employed by the state.  Those employees who choose to remain
821	employed by the state may continue to be assigned by the
822	Department of Transportation to the welcome centers until June
823	30, 2001.  Upon vacating a career service position by a career
824	service employee, the position shall be abolished.  The
825	agreement between the Department of Transportation and the
826	Florida Commission on Tourism concerning the funding of
827	positions in the welcome centers shall continue until all
828	welcome center employees are employed by the direct-support
829	organization, or until those employees choosing to remain
830	employed by the state have found other state employment, or
831	until June 30, 2001, whichever occurs first.
832	(2)  Effective July 1, 1999, The Florida Commission on
833	Tourism, through its direct-support organization, shall
834	administer and operate the welcome centers.  Pursuant to a
835	contract with the Department of Transportation, the commission
836	shall be responsible for routine repair, replacement, or
837	improvement and the day-to-day management of interior areas
838	occupied by the welcome centers.  All other repairs,
839	replacements, or improvements to the welcome centers shall be
840	the responsibility of the Department of Transportation.
841
842	Reviser's note.--Amended to delete provisions that
843	have served their purpose.
844
845	Section 28.  Paragraph (c) of subsection (4) of section
846	288.905, Florida Statutes, is repealed.
847
848	Reviser's note.--Repealed to delete a provision that
849	has served its purpose. The required review and
850	subsequent report were to be completed by January 1,
851	2002.
852
853	Section 29.  Section 288.971, Florida Statutes, is
854	repealed.
855
856	Reviser's note.--Repealed to delete findings which
857	have served their purpose. The findings refer to
858	military base closing decisions expected to be made in
859	1995 and reductions in military spending and personnel
860	by 1997.
861
862	Section 30.  Subsection (6) of section 290.00689, Florida
863	Statutes, is repealed.
864
865	Reviser's note.--Repealed to delete obsolete
866	provisions. The required review and evaluation of an
867	enterprise zone pilot project area was to be completed
868	prior to the 2004 Regular Session of the Legislature.
869	The report of findings and recommendations was to be
870	submitted by January 15, 2004.
871
872	Section 31.  Subsection (3) of section 290.015, Florida
873	Statutes, is repealed.
874
875	Reviser's note.--Repealed to delete an obsolete
876	provision. The required review and evaluation of ss.
877	290.001-290.016 by substantive committees was to be
878	completed prior to the 2001 Regular Session of the
879	Legislature.
880
881	Section 32.  Section 295.184, Florida Statutes, is
882	repealed.
883
884	Reviser's note.--Repealed to delete provisions that
885	have served their purpose. The recommendations for the
886	design and location of the memorial to Florida World
887	War II veterans was to be submitted on or before
888	January 31, 2002.
889
890	Section 33.  Paragraph (a) of subsection (2) of section
891	311.125, Florida Statutes, is amended to read:
892	311.125  Uniform Port Access Credential System.--
893	(2)(a)  The Department of Highway Safety and Motor
894	Vehicles, in consultation with the Department of Law
895	Enforcement, the Florida Seaport Transportation and Economic
896	Development Council, the Florida Trucking Association, and the
897	United States Transportation and Security Administration shall
898	develop a Uniform Port Access Credential System for use in
899	onsite verification of access authority for all persons on a
900	seaport as defined in s. 311.12(2), utilizing the Uniform Port
901	Access Credential Card as authorized herein. Each seaport, in a
902	manner consistent with the "Port Security Standards Compliance
903	Plan" delivered to the Speaker of the House of Representatives
904	and the President of the Senate on December 11, 2000, pursuant
905	to s. 311.12, and this section, is responsible for granting,
906	restricting, or modifying access authority provided to each
907	Uniform Port Access Credential Card holder and promptly
908	communicating the levels of access or changes in the level of
909	access to the department for its use in administering the
910	Uniform Port Access Credential System. Each seaport is
911	responsible for the proper operation and maintenance of the
912	Uniform Port Access Credential Card reader and access
913	verification utilizing the Uniform Port Access Credential System
914	at its location. The Uniform Port Access Credential Card reader
915	and Uniform Port Access Credential System shall be utilized by
916	each seaport to ensure compliance with the access restrictions
917	provided by s. 311.12.
918
919	Reviser's note.--Amended to conform to the correct
920	title of the United States Transportation Security
921	Administration.
922
923	Section 34.  Paragraph (b) of subsection (5) and subsection
924	(6) of section 322.135, Florida Statutes, are amended to read:
925	322.135  Driver's license agents.--
926	(5)  The county tax collector at his or her option may
927	apply to the department for approval by the executive director
928	to be the exclusive agent of the department for his or her
929	county to administer driver license services as provided and
930	authorized in this chapter.
931	(b)  The department shall provide a form for such
932	application, which shall include the following information
933	unless this information has been included in the report
934	submitted by the Cost Determination and Allocation Task Force:
935	1.  Locations within the county where offices and branch
936	offices for driver license services are proposed.
937	2.  The designation by the tax collector of the driver
938	license functions to be performed by the tax collector in the
939	county.
940	3.  Any anticipated capital acquisition or construction
941	costs.
942	4.  A projection of equipment available or to be provided
943	by the department.
944	5.  All anticipated operating costs, including facilities,
945	equipment, and personnel to administer driver license services.
946	(6)  Administration of driver license services by a county
947	tax collector as the exclusive agent of the department must be
948	revenue neutral with no adverse state fiscal impact and with no
949	adverse unfunded mandate to the tax collector.  Toward this end,
950	the Cost Determination and Allocation Task Force is created, to
951	be established by July 1, 2001.  The task force shall be
952	composed of two representatives appointed by the executive
953	director of the department, two tax collectors appointed by the
954	president of the Florida Tax Collectors, Inc., one from a small-
955	population county and one from a large-population county; one
956	person appointed by the Speaker of the House of Representatives;
957	one person appointed by the President of the Senate; and the
958	Governor's appointee.  If requested by the task force, the
959	Auditor General must provide technical assistance.  The purpose
960	of the task force is to recommend the allocation of cost between
961	the Department of Highway Safety and Motor Vehicles and tax
962	collectors to administer driver license services authorized in
963	this chapter.  These recommendations must be submitted in a
964	written report by January 1, 2002.  The task force shall
965	dissolve on January 1, 2002.  The written report shall be
966	presented to the President of the Senate, the Speaker of the
967	House of Representatives, and the Executive Office of the
968	Governor, and shall contain findings and determinations and
969	related allocation recommendations dealing with costs, both
970	construction and operating costs, of both the department and the
971	applicable tax collectors, appropriate allocations of costs
972	between the department and the tax collectors, and fee
973	recommendations to assure that the fees paid for these driver
974	license services do not result in a loss of revenue to the state
975	in excess of costs incurred by the state.
976
977	Reviser's note.--Amended to delete obsolete
978	provisions. The Cost Determination and Allocation Task
979	Force was dissolved in 2002.
980
981	Section 35.  Subsection (1) of section 327.395, Florida
982	Statutes, is amended to read:
983	327.395  Boating safety identification cards.--
984	(1)  Until October 1, 2001, a person born after September
985	30, 1980, and on or after October 1, 2001, A person 21 years of
986	age or younger may not operate a vessel powered by a motor of 10
987	horsepower or greater unless such person has in his or her
988	possession aboard the vessel photographic identification and a
989	boater safety identification card issued by the commission which
990	shows that he or she has:
991	(a)  Completed a commission-approved boater education
992	course that meets the minimum 8-hour instruction requirement
993	established by the National Association of State Boating Law
994	Administrators;
995	(b)  Passed a course equivalency examination approved by
996	the commission; or
997	(c)  Passed a temporary certificate examination developed
998	or approved by the commission.
999
1000	Reviser's note.--Amended to delete an obsolete
1001	provision.
1002
1003	Section 36.  Subsection (4) of section 339.55, Florida
1004	Statutes, is amended to read:
1005	339.55  State-funded infrastructure bank.--
1006	(4)  Except as provided in s. 339.137, To be eligible for
1007	consideration, projects must be consistent, to the maximum
1008	extent feasible, with local metropolitan planning organization
1009	plans and local government comprehensive plans and must provide
1010	a dedicated repayment source to ensure the loan is repaid to the
1011	bank.
1012
1013	Reviser's note.--Amended to conform to the repeal of
1014	s. 339.137 by s. 10, ch. 2004-366, Laws of Florida.
1015
1016	Section 37.  Subsection (2) of section 339.64, Florida
1017	Statutes, is repealed.
1018
1019	Reviser's note.--Repealed to delete an obsolete
1020	provision. The required report was to be delivered to
1021	the Governor and Legislature by December 15, 2003.
1022
1023	Section 38.  Subsection (1) of section 364.604, Florida
1024	Statutes, is amended to read:
1025	364.604  Billing practices.--
1026	(1)  Each billing party must clearly identify on its bill
1027	the name and toll-free number of the originating party; the
1028	telecommunications service or information service billed; and
1029	the specific charges, taxes, and fees associated with each
1030	telecommunications or information service. The originating party
1031	is responsible for providing the billing party with all required
1032	information. The toll-free number of the originating party or
1033	its agent must be answered by a customer service representative
1034	or a voice response unit. If the customer reaches a voice
1035	response unit, the originating party or its agent must initiate
1036	a response to a customer inquiry within 24 hours, excluding
1037	weekends and holidays.  Each telecommunications carrier shall
1038	have until June 30, 1999, to comply with this subsection.
1039
1040	Reviser's note.--Amended to delete an obsolete
1041	provision.
1042
1043	Section 39.  Section 373.145, Florida Statutes, is amended
1044	to read:
1045	373.145  Information program regarding hydrologic
1046	conditioning and consumption of major surface and groundwater
1047	sources.--In order to aid in the development of a better
1048	understanding of the unique surface and groundwater resources of
1049	this state, the water management districts shall develop an
1050	information program designed to provide information concerning
1051	existing hydrologic conditions of major surface and groundwater
1052	sources in this state and suggestions for good conservation
1053	practices within those areas. The program shall be developed by
1054	December 31, 2002. Beginning January 1, 2003, and on a regular
1055	basis no less than every 6 months thereafter, the information
1056	developed pursuant to this section shall be distributed to every
1057	member of the Florida Senate and the Florida House of
1058	Representatives and to local print and broadcast news
1059	organizations. Each water management district shall be
1060	responsible for the distribution of this information within its
1061	established geographic area.
1062
1063	Reviser's note.--Amended to delete a provision that
1064	has served its purpose.
1065
1066	Section 40.  Paragraph (f) of subsection (1) of section
1067	373.1963, Florida Statutes, is amended to read:
1068	373.1963  Assistance to West Coast Regional Water Supply
1069	Authority.--
1070	(1)  It is the intent of the Legislature to authorize the
1071	implementation of changes in governance recommended by the West
1072	Coast Regional Water Supply Authority in its reports to the
1073	Legislature dated February 1, 1997, and January 5, 1998. The
1074	authority and its member governments may reconstitute the
1075	authority's governance and rename the authority under a
1076	voluntary interlocal agreement with a term of not less than 20
1077	years. The interlocal agreement must comply with this subsection
1078	as follows:
1079	(f)  Upon execution of the voluntary interlocal agreement
1080	provided for herein, the authority shall jointly develop with
1081	the Southwest Florida Water Management District alternative
1082	sources of potable water and transmission pipelines to
1083	interconnect regionally significant water supply sources and
1084	facilities of the authority in amounts sufficient to meet the
1085	needs of all member governments for a period of at least 20
1086	years and for natural systems. Nothing herein, however, shall
1087	preclude the authority and its member governments from
1088	developing traditional water sources pursuant to the voluntary
1089	interlocal agreement. Development and construction costs for
1090	alternative source facilities, which may include a desalination
1091	facility and significant regional interconnects, must be borne
1092	as mutually agreed to by both the authority and the Southwest
1093	Florida Water Management District. Nothing herein shall preclude
1094	authority or district cost sharing with private entities for the
1095	construction or ownership of alternative source facilities. By
1096	December 31, 1997, the authority and the Southwest Florida Water
1097	Management District shall:
1098	1.  enter into a mutually acceptable agreement detailing
1099	the development and implementation of directives contained in
1100	this paragraph.; or
1101	2.  Jointly prepare and submit to the President of the
1102	Senate and the Speaker of the House of Representatives a report
1103	describing the progress made and impediments encountered in
1104	their attempts to implement the water resource development and
1105	water supply development directives contained in this paragraph.
1106	Nothing in this section shall be construed to modify the rights
1107	or responsibilities of the authority or its member governments,
1108	except as otherwise provided herein, or of the Southwest Florida
1109	Water Management District or the department pursuant to this
1110	chapter or chapter 403 and as otherwise set forth by statutes.
1111
1112	Reviser's note.--Amended to delete a provision that
1113	has served its purpose.
1114
1115	Section 41.  Section 373.1995, Florida Statutes, is
1116	repealed.
1117
1118	Reviser's note.--Repealed to delete an obsolete
1119	provision. The required report and subsequent action
1120	were to be completed prior to the beginning of the
1121	2001 Regular Legislative Session.
1122
1123	Section 42.  Paragraph (f) of subsection (4) of section
1124	373.4592, Florida Statutes, is amended to read:
1125	373.4592  Everglades improvement and management.--
1126	(4)  EVERGLADES PROGRAM.--
1127	(f)  EAA best management practices.--
1128	1.  The district, in cooperation with the department, shall
1129	develop and implement a water quality monitoring program to
1130	evaluate the effectiveness of the BMPs in achieving and
1131	maintaining compliance with state water quality standards and
1132	restoring and maintaining designated and existing beneficial
1133	uses. The program shall include an analysis of the effectiveness
1134	of the BMPs in treating constituents that are not being
1135	significantly improved by the STAs. The monitoring program shall
1136	include monitoring of appropriate parameters at representative
1137	locations.
1138	2.  The district shall continue to require and enforce the
1139	BMP and other requirements of chapters 40E-61 and 40E-63,
1140	Florida Administrative Code, during the terms of the existing
1141	permits issued pursuant to those rules. Chapter 40E-61, Florida
1142	Administrative Code, may be amended to include the BMPs required
1143	by chapter 40E-63, Florida Administrative Code. Prior to the
1144	expiration of existing permits, and during each 5-year term of
1145	subsequent permits as provided for in this section, those rules
1146	shall be amended to implement a comprehensive program of
1147	research, testing, and implementation of BMPs that will address
1148	all water quality standards within the EAA and Everglades
1149	Protection Area. Under this program:
1150	a.  EAA landowners, through the EAA Environmental
1151	Protection District or otherwise, shall sponsor a program of BMP
1152	research with qualified experts to identify appropriate BMPs.
1153	b.  Consistent with the water quality monitoring program,
1154	BMPs will be field-tested in a sufficient number of
1155	representative sites in the EAA to reflect soil and crop types
1156	and other factors that influence BMP design and effectiveness.
1157	c.  BMPs as required for varying crops and soil types shall
1158	be included in permit conditions in the 5-year permits issued
1159	pursuant to this section.
1160	d.  The district shall conduct research in cooperation with
1161	EAA landowners to identify water quality parameters that are not
1162	being significantly improved either by the STAs or the BMPs, and
1163	to identify further BMP strategies needed to address these
1164	parameters.
1165	3.  The Legislature finds that through the implementation
1166	of the Everglades BMPs Program and the implementation of the
1167	Everglades Construction Project, reasonable further progress
1168	will be made towards addressing water quality requirements of
1169	the EAA canals and the Everglades Protection Area. Permittees
1170	within the EAA and the C-139 Basin who are in full compliance
1171	with the conditions of permits under chapters 40E-61 and 40E-63,
1172	Florida Administrative Code, have made all payments required
1173	under the Everglades Program, and are in compliance with
1174	subparagraph (a)7.(a)8., if applicable, shall not be required to
1175	implement additional water quality improvement measures, prior
1176	to December 31, 2006, other than those required by subparagraph
1177	2., with the following exceptions:
1178	a.  Nothing in this subparagraph shall limit the existing
1179	authority of the department or the district to limit or regulate
1180	discharges that pose a significant danger to the public health
1181	and safety; and
1182	b.  New land uses and new stormwater management facilities
1183	other than alterations to existing agricultural stormwater
1184	management systems for water quality improvements shall not be
1185	accorded the compliance established by this section. Permits may
1186	be required to implement improvements or alterations to existing
1187	agricultural water management systems.
1188	4.  As of December 31, 2006, all permits, including those
1189	issued prior to that date, shall require implementation of
1190	additional water quality measures, taking into account the water
1191	quality treatment actually provided by the STAs and the
1192	effectiveness of the BMPs. As of that date, no permittee's
1193	discharge shall cause or contribute to any violation of water
1194	quality standards in the Everglades Protection Area.
1195	5.  Effective immediately, landowners within the C-139
1196	Basin shall not collectively exceed an annual average loading of
1197	phosphorus based proportionately on the historical rainfall for
1198	the C-139 Basin over the period of October 1, 1978, to September
1199	30, 1988. New surface inflows shall not increase the annual
1200	average loading of phosphorus stated above. Provided that the C-
1201	139 Basin does not exceed this annual average loading, all
1202	landowners within the Basin shall be in compliance for that
1203	year. Compliance determinations for individual landowners within
1204	the C-139 Basin for remedial action, if the Basin is determined
1205	by the district to be out of compliance for that year, shall be
1206	based on the landowners' proportional share of the total
1207	phosphorus loading. The total phosphorus discharge load shall be
1208	determined as set forth in Appendix B2 of Rule 40E-63,
1209	Everglades Program, Florida Administrative Code.
1210	6.  The district, in cooperation with the department, shall
1211	develop and implement a water quality monitoring program to
1212	evaluate the quality of the discharge from the C-139 Basin. Upon
1213	determination by the department or the district that the C-139
1214	Basin is exceeding any presently existing water quality
1215	standards, the district shall require landowners within the C-
1216	139 Basin to implement BMPs appropriate to the land uses within
1217	the C-139 Basin consistent with subparagraph 2. Thereafter, the
1218	provisions of subparagraphs 2.-4. shall apply to the landowners
1219	within the C-139 Basin.
1220
1221	Reviser's note.--Amended to conform to the
1222	redesignation of subparagraph (4)(a)8. as subparagraph
1223	(4)(a)7. by s. 1, ch. 2003-12, Laws of Florida.
1224
1225	Section 43.  Section 376.71, Florida Statutes, is amended
1226	to read:
1227	376.71  Registration fee and gross receipts tax.--The
1228	registration fee and the gross receipts tax imposed under ss.
1229	376.303(1)(d) and 376.70 do not apply to uniform rental
1230	companies or linen supply companies.  Any such fee or tax that
1231	was imposed on and remitted, collected, or held in escrow by a
1232	uniform rental company or linen supply company from October 1,
1233	1994, and before October 1, 1995, is not payable to the State of
1234	Florida, and, if remitted, shall be refunded by the Department
1235	of Revenue.
1236
1237	Reviser's note.--Amended to delete an obsolete
1238	provision.
1239
1240	Section 44.  Paragraph (c) of subsection (7) of section
1241	376.80, Florida Statutes, is amended to read:
1242	376.80  Brownfield program administration process.--
1243	(7)  The contractor who is performing the majority of the
1244	site rehabilitation program tasks pursuant to a brownfield site
1245	rehabilitation agreement or supervising the performance of such
1246	tasks by licensed subcontractors in accordance with the
1247	provisions of s. 489.113(9) must certify to the department that
1248	the contractor:
1249	(c)  Maintains comprehensive general liability coverage
1250	with limits of not less than $1 million per occurrence and $2
1251	million general aggregate for bodily injury and property damage
1252	and comprehensive automobile liability coverage with limits of
1253	not less than $2 $1 million combined single limit. The
1254	contractor shall also maintain pollution liability coverage with
1255	limits of not less than $3 million aggregate for personal injury
1256	or death, $1 million per occurrence for personal injury or
1257	death, and $1 million per occurrence for property damage. The
1258	contractor's certificate of insurance shall name the state as an
1259	additional insured party.
1260
1261	Reviser's note.--Amended to correct an apparent coding
1262	error. The figure "$1" was inadvertently retained when
1263	the paragraph was amended by s. 2, ch. 2004-40, Laws
1264	of Florida.
1265
1266	Section 45.  Subsection (7) of section 378.034, Florida
1267	Statutes, is amended to read:
1268	378.034  Submission of a reclamation program request;
1269	procedures.--
1270	(7)  Until 1995, the funds available for approved
1271	reclamation contracts and acquisitions of nonmandatory lands
1272	shall not exceed 20 percent of the uncommitted fund balance of
1273	the trust fund at the beginning of each year. The prioritized
1274	list approved by the committee may contain more reclamation
1275	program applications than there are funds available during the
1276	year.
1277
1278	Reviser's note.--Amended to delete an obsolete
1279	provision.
1280
1281	Section 46.  Paragraph (b) of subsection (5) of section
1282	378.035, Florida Statutes, is amended to read:
1283	378.035  Department responsibilities and duties with
1284	respect to Nonmandatory Land Reclamation Trust Fund.--
1285	(5)  Funds within the Nonmandatory Land Reclamation Trust
1286	Fund are also authorized for use by the department for the
1287	following purposes:
1288	(b)  For the abatement of an imminent hazard as provided by
1289	s. 403.4154(3) 403.4154(4) and for the purpose of closing an
1290	abandoned phosphogypsum stack system and carrying out
1291	postclosure care as provided by s. 403.4154(5) 403.4154(6).
1292
1293	Reviser's note.--Amended to correct an apparent error
1294	in the redesignation of cross-references by s. 4, ch.
1295	2003-423, Laws of Florida. Section 403.4154(4) relates
1296	to registration fees, and s. 403.4154(6) does not
1297	exist.
1298
1299	Section 47.  Subsection (3) of section 381.0046, Florida
1300	Statutes, is repealed.
1301
1302	Reviser's note.--Repealed to delete an obsolete
1303	provision. The statewide Black Leadership Conference
1304	on HIV and AIDS was to be conducted by January 2000.
1305
1306	Section 48.  Paragraph (j) of subsection (3) and paragraph
1307	(j) of subsection (4) of section 381.0065, Florida Statutes, are
1308	amended to read:
1309	381.0065  Onsite sewage treatment and disposal systems;
1310	regulation.--
1311	(3)  DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.--The
1312	department shall:
1313	(j)  Supervise research on, demonstration of, and training
1314	on the performance, environmental impact, and public health
1315	impact of onsite sewage treatment and disposal systems within
1316	this state.  Research fees collected under s. 381.0066(2)(k)
1317	must be used to develop and fund hands-on training centers
1318	designed to provide practical information about onsite sewage
1319	treatment and disposal systems to septic tank contractors,
1320	master septic tank contractors, contractors, inspectors,
1321	engineers, and the public and must also be used to fund research
1322	projects which focus on improvements of onsite sewage treatment
1323	and disposal systems, including use of performance-based
1324	standards and reduction of environmental impact.  Research
1325	projects shall be initially approved by the technical review and
1326	advisory panel and shall be applicable to and reflect the soil
1327	conditions specific to Florida.  Such projects shall be awarded
1328	through competitive negotiation, using the procedures provided
1329	in s. 287.055, to public or private entities that have
1330	experience in onsite sewage treatment and disposal systems in
1331	Florida and that are principally located in Florida.  Research
1332	projects shall not be awarded to firms or entities that employ
1333	or are associated with persons who serve on either the technical
1334	review and advisory panel or the research review and advisory
1335	committee.
1336	(4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
1337	not construct, repair, modify, abandon, or operate an onsite
1338	sewage treatment and disposal system without first obtaining a
1339	permit approved by the department. The department may issue
1340	permits to carry out this section, but shall not make the
1341	issuance of such permits contingent upon prior approval by the
1342	Department of Environmental Protection. A construction permit is
1343	valid for 18 months from the issuance date and may be extended
1344	by the department for one 90-day period under rules adopted by
1345	the department.  A repair permit is valid for 90 days from the
1346	date of issuance. An operating permit must be obtained prior to
1347	the use of any aerobic treatment unit or if the establishment
1348	generates commercial waste. Buildings or establishments that use
1349	an aerobic treatment unit or generate commercial waste shall be
1350	inspected by the department at least annually to assure
1351	compliance with the terms of the operating permit. The operating
1352	permit for a commercial wastewater system is valid for 1 year
1353	from the date of issuance and must be renewed annually. The
1354	operating permit for an aerobic treatment unit is valid for 2
1355	years from the date of issuance and must be renewed every 2
1356	years.  If all information pertaining to the siting, location,
1357	and installation conditions or repair of an onsite sewage
1358	treatment and disposal system remains the same, a construction
1359	or repair permit for the onsite sewage treatment and disposal
1360	system may be transferred to another person, if the transferee
1361	files, within 60 days after the transfer of ownership, an
1362	amended application providing all corrected information and
1363	proof of ownership of the property.  There is no fee associated
1364	with the processing of this supplemental information.  A person
1365	may not contract to construct, modify, alter, repair, service,
1366	abandon, or maintain any portion of an onsite sewage treatment
1367	and disposal system without being registered under part III of
1368	chapter 489.  A property owner who personally performs
1369	construction, maintenance, or repairs to a system serving his or
1370	her own owner-occupied single-family residence is exempt from
1371	registration requirements for performing such construction,
1372	maintenance, or repairs on that residence, but is subject to all
1373	permitting requirements. A municipality or political subdivision
1374	of the state may not issue a building or plumbing permit for any
1375	building that requires the use of an onsite sewage treatment and
1376	disposal system unless the owner or builder has received a
1377	construction permit for such system from the department. A
1378	building or structure may not be occupied and a municipality,
1379	political subdivision, or any state or federal agency may not
1380	authorize occupancy until the department approves the final
1381	installation of the onsite sewage treatment and disposal system.
1382	A municipality or political subdivision of the state may not
1383	approve any change in occupancy or tenancy of a building that
1384	uses an onsite sewage treatment and disposal system until the
1385	department has reviewed the use of the system with the proposed
1386	change, approved the change, and amended the operating permit.
1387	(j)  An onsite sewage treatment and disposal system for a
1388	single-family residence that is designed by a professional
1389	engineer registered in the state and certified by such engineer
1390	as complying with performance criteria adopted by the department
1391	must be approved by the department subject to the following:
1392	1.  The performance criteria applicable to engineer-
1393	designed systems must be limited to those necessary to ensure
1394	that such systems do not adversely affect the public health or
1395	significantly degrade the groundwater or surface water.  Such
1396	performance criteria shall include consideration of the quality
1397	of system effluent, the proposed total sewage flow per acre,
1398	wastewater treatment capabilities of the natural or replaced
1399	soil, water quality classification of the potential surface-
1400	water-receiving body, and the structural and maintenance
1401	viability of the system for the treatment of domestic
1402	wastewater.  However, performance criteria shall address only
1403	the performance of a system and not a system's design.
1404	2.  The technical review and advisory panel shall assist
1405	the department in the development of performance criteria
1406	applicable to engineer-designed systems.  Workshops on the
1407	development of the rules delineating such criteria shall
1408	commence not later than September 1, 1996, and the department
1409	shall advertise such rules for public hearing no later than
1410	October 1, 1997.
1411	3.  A person electing to utilize an engineer-designed
1412	system shall, upon completion of the system design, submit such
1413	design, certified by a registered professional engineer, to the
1414	county health department.  The county health department may
1415	utilize an outside consultant to review the engineer-designed
1416	system, with the actual cost of such review to be borne by the
1417	applicant. Within 5 working days after receiving an engineer-
1418	designed system permit application, the county health department
1419	shall request additional information if the application is not
1420	complete.  Within 15 working days after receiving a complete
1421	application for an engineer-designed system, the county health
1422	department either shall issue the permit or, if it determines
1423	that the system does not comply with the performance criteria,
1424	shall notify the applicant of that determination and refer the
1425	application to the department for a determination as to whether
1426	the system should be approved, disapproved, or approved with
1427	modification. The department engineer's determination shall
1428	prevail over the action of the county health department.  The
1429	applicant shall be notified in writing of the department's
1430	determination and of the applicant's rights to pursue a variance
1431	or seek review under the provisions of chapter 120.
1432	4.  The owner of an engineer-designed performance-based
1433	system must maintain a current maintenance service agreement
1434	with a maintenance entity permitted by the department. The
1435	maintenance entity shall obtain a biennial system operating
1436	permit from the department for each system under service
1437	contract.  The department shall inspect the system at least
1438	annually, or on such periodic basis as the fee collected
1439	permits, and may collect system-effluent samples if appropriate
1440	to determine compliance with the performance criteria. The fee
1441	for the biennial operating permit shall be collected beginning
1442	with the second year of system operation. The maintenance entity
1443	shall inspect each system at least twice each year and shall
1444	report quarterly to the department on the number of systems
1445	inspected and serviced.
1446	5.  If an engineer-designed system fails to properly
1447	function or fails to meet performance standards, the system
1448	shall be re-engineered, if necessary, to bring the system into
1449	compliance with the provisions of this section.
1450
1451	Reviser's note.--Paragraph (3)(j) is amended to
1452	conform to the correct name of the "technical review
1453	and advisory panel" as created in s. 381.0068.
1454	Paragraph (4)(j) is amended to delete an obsolete
1455	provision.
1456
1457	Section 49.  Paragraph (a) of subsection (3) and paragraph
1458	(a) of subsection (4) of section 381.0072, Florida Statutes, are
1459	reenacted to read:
1460	381.0072  Food service protection.--It shall be the duty of
1461	the Department of Health to adopt and enforce sanitation rules
1462	consistent with law to ensure the protection of the public from
1463	food-borne illness. These rules shall provide the standards and
1464	requirements for the storage, preparation, serving, or display
1465	of food in food service establishments as defined in this
1466	section and which are not permitted or licensed under chapter
1467	500 or chapter 509.
1468	(3)  LICENSES REQUIRED.--
1469	(a)  Licenses; annual renewals.--Each food service
1470	establishment regulated under this section shall obtain a
1471	license from the department annually.  Food service
1472	establishment licenses shall expire annually and shall not be
1473	transferable from one place or individual to another.  However,
1474	those facilities licensed by the department's Office of
1475	Licensure and Certification, the Child Care Services Program
1476	Office, or the Developmental Disabilities Program Office are
1477	exempt from this subsection.  It shall be a misdemeanor of the
1478	second degree, punishable as provided in s. 381.0061, s.
1479	775.082, or s. 775.083, for such an establishment to operate
1480	without this license.  The department may refuse a license, or a
1481	renewal thereof, to any establishment that is not constructed or
1482	maintained in accordance with law and with the rules of the
1483	department.  Annual application for renewal shall not be
1484	required.
1485	(4)  LICENSE; INSPECTION; FEES.--
1486	(a)  The department is authorized to collect fees from
1487	establishments licensed under this section and from those
1488	facilities exempted from licensure under paragraph (3)(a).  It
1489	is the intent of the Legislature that the total fees assessed
1490	under this section be in an amount sufficient to meet the cost
1491	of carrying out the provisions of this section.
1492
1493	Reviser's note.--Section 9, ch. 2004-350, Laws of
1494	Florida, purported to amend paragraphs (3)(a) and
1495	(4)(a), but failed to publish the amended paragraphs.
1496	In the absence of affirmative evidence that the
1497	Legislature intended to repeal the paragraphs,
1498	paragraphs (3)(a) and (4)(a) are reenacted to confirm
1499	that the omission was not intended.
1500
1501	Section 50.  Subsection (5) of section 381.103, Florida
1502	Statutes, is repealed.
1503
1504	Reviser's note.--Repealed to delete an obsolete
1505	provision. The required report on the findings,
1506	accomplishments, and recommendations of the Community
1507	Health pilot projects was to be submitted no later
1508	than January 1, 2001.
1509
1510	Section 51.  Subsection (6) of section 381.734, Florida
1511	Statutes, is amended to read:
1512	381.734  Healthy Communities, Healthy People Program.--
1513	(6)  The Office of Program Policy Analysis and Government
1514	Accountability shall evaluate and report to the Governor, the
1515	President of the Senate, and the Speaker of the House of
1516	Representatives, by March 1, 2005, on the effectiveness of the
1517	department's monitoring and assessment of the program's
1518	effectiveness.
1519
1520	Reviser's note.--Amended to conform to the complete
1521	title of the Office of Program Policy Analysis and
1522	Government Accountability.
1523
1524	Section 52.  Subsection (1) of section 393.0655, Florida
1525	Statutes, is amended to read:
1526	393.0655  Screening of direct service providers.--
1527	(1)  MINIMUM STANDARDS.--The agency shall require level 2
1528	employment screening pursuant to chapter 435 for direct service
1529	providers who are unrelated to their clients, including support
1530	coordinators, and managers and supervisors of residential
1531	facilities or comprehensive transitional education programs
1532	licensed under s. 393.067 393.967 and any other person,
1533	including volunteers, who provide care or services, who have
1534	access to a client's living areas, or who have access to a
1535	client's funds or personal property. Background screening shall
1536	include employment history checks as provided in s. 435.03(1)
1537	and local criminal records checks through local law enforcement
1538	agencies.
1539	(a)  A volunteer who assists on an intermittent basis for
1540	less than 40 hours per month does not have to be screened if the
1541	volunteer is under the direct and constant supervision of
1542	persons who meet the screening requirements of this section.
1543	(b)  Licensed physicians, nurses, or other professionals
1544	licensed and regulated by the Department of Health are not
1545	subject to background screening pursuant to this section if they
1546	are providing a service that is within their scope of licensed
1547	practice.
1548	(c)  A person selected by the family or the individual with
1549	developmental disabilities and paid by the family or the
1550	individual to provide supports or services is not required to
1551	have a background screening under this section.
1552	(d)  Persons residing with the direct services provider,
1553	including family members, are subject to background screening;
1554	however, such persons who are 12 to 18 years of age shall be
1555	screened for delinquency records only.
1556
1557	Reviser's note.--Amended to correct an apparent error
1558	and facilitate correct interpretation. Section 393.967
1559	does not exist; s. 393.067 relates to licensure of
1560	comprehensive transitional education programs.
1561
1562	Section 53.  Subsection (3) of section 393.068, Florida
1563	Statutes, is amended to read:
1564	393.068  Family care program.--
1565	(3)  When it is determined by the agency to be more
1566	cost-effective and in the best interest of the client to
1567	maintain such client in the home of a direct service provider,
1568	the parent or guardian of the client or, if competent, the
1569	client may enroll the client in the family care program. The
1570	direct service provider of a client enrolled in the family care
1571	program shall be reimbursed according to a rate schedule set by
1572	the agency. In-home subsidies cited in paragraph (2)(d)(1)(d)
1573	shall be provided according to s. 393.0695 and are not subject
1574	to any other payment method or rate schedule provided for in
1575	this section.
1576
1577	Reviser's note.--Amended to conform to the
1578	redesignation of subunits within s. 393.068 by s. 76,
1579	ch. 2004-267, Laws of Florida.
1580
1581	Section 54.  Section 394.498, Florida Statutes, is
1582	repealed.
1583
1584	Reviser's note.--The cited section, which relates to
1585	the Child and Adolescent Interagency System of Care
1586	Demonstration Models, has served its purpose. Findings
1587	and conclusions for the models and recommendations for
1588	statewide implementation were to be included in a
1589	report to the Legislature by December 31, 2001.
1590
1591	Section 55.  Subsection (3) of section 394.499, Florida
1592	Statutes, is repealed, and subsection (1) of that section is
1593	amended to read:
1594	394.499  Integrated children's crisis stabilization
1595	unit/juvenile addictions receiving facility services.--
1596	(1)  Beginning July 1, 2001, the Department of Children and
1597	Family Services, in consultation with the Agency for Health Care
1598	Administration, is authorized to establish children's behavioral
1599	crisis unit demonstration models in Collier, Lee, and Sarasota
1600	Counties. By December 31, 2003, the department shall submit to
1601	the President of the Senate, the Speaker of the House of
1602	Representatives, and the chairs of the Senate and House
1603	committees that oversee departmental activities a report that
1604	evaluates the number of clients served, quality of services,
1605	performance outcomes, and feasibility of continuing or expanding
1606	the demonstration models. Beginning July 1, 2004, subject to
1607	approval by the Legislature, the department, in cooperation with
1608	the agency, may expand the demonstration models to other areas
1609	in the state. The children's behavioral crisis unit
1610	demonstration models will integrate children's mental health
1611	crisis stabilization units with substance abuse juvenile
1612	addictions receiving facility services, to provide emergency
1613	mental health and substance abuse services that are integrated
1614	within facilities licensed and designated by the agency for
1615	children under 18 years of age who meet criteria for admission
1616	or examination under this section. The services shall be
1617	designated as "integrated children's crisis stabilization
1618	unit/juvenile addictions receiving facility services," shall be
1619	licensed by the agency as children's crisis stabilization units,
1620	and shall meet all licensure requirements for crisis
1621	stabilization units. The department, in cooperation with the
1622	agency, shall develop standards that address eligibility
1623	criteria; clinical procedures; staffing requirements;
1624	operational, administrative, and financing requirements; and
1625	investigation of complaints for such integrated facility
1626	services. Standards that are implemented specific to substance
1627	abuse services shall meet or exceed existing standards for
1628	addictions receiving facilities.
1629
1630	Reviser's note.--Subsection (1) is amended to delete a
1631	provision that has served its purpose; it required a
1632	report relating to children's behavioral crisis unit
1633	demonstration models by December 31, 2003. Subsection
1634	(3) is repealed to delete a provision that has served
1635	its purpose; the Department of Children and Family
1636	Services was to report on an evaluation by December
1637	31, 2003.
1638
1639	Section 56.  Subsection (4) of section 394.82, Florida
1640	Statutes, is repealed, and subsection (6) of that section is
1641	amended to read:
1642	394.82  Funding of expanded services.--
1643	(5)(6)  The provisions of subsections (1) and (4)(5) shall
1644	be implemented to the extent of available appropriations
1645	contained in the annual General Appropriations Act for such
1646	purposes.
1647
1648	Reviser's note.--Subsection (4) is repealed to delete
1649	provisions that have served their purpose; the
1650	Department of Children and Family Services was
1651	directed to submit reports on October 1, 2002, and
1652	October 1, 2003. Subsection (6) is amended to conform
1653	a cross-reference to the renumbering of subunits
1654	necessitated by the repeal of subsection (4) by this
1655	act.
1656
1657	Section 57.  Subsection (2) of section 394.9083, Florida
1658	Statutes, is repealed.
1659
1660	Reviser's note.--Repealed to delete a provision that
1661	has served its purpose; a report by the Behavioral
1662	Health Services Integration Workgroup was to be
1663	submitted by January 1, 2002.
1664
1665	Section 58.  Paragraph (b) of subsection (5) and subsection
1666	(7) of section 395.4001, Florida Statutes, are amended to read:
1667	395.4001  Definitions.--As used in this part, the term:
1668	(5)  "Level I trauma center" means a trauma center that:
1669	(b)  Serves as a resource facility to Level II trauma
1670	centers, pediatric trauma referral centers, and general
1671	hospitals through shared outreach, education, and quality
1672	improvement activities.
1673	(7)  "Pediatric trauma referral center" means a hospital
1674	that is verified by the department to be in substantial
1675	compliance with pediatric trauma center standards as established
1676	by rule of the department and has been approved by the
1677	department to operate as a pediatric trauma center.
1678
1679	Reviser's note.--Amended to conform to the revision of
1680	the term "pediatric trauma referral center" to
1681	"pediatric trauma center" throughout statutory
1682	material relating to the subject by ch. 2004-259, Laws
1683	of Florida.
1684
1685	Section 59.  Subsection (2) of section 395.404, Florida
1686	Statutes, is amended to read:
1687	395.404  Review of trauma registry data; report to central
1688	registry; confidentiality and limited release.--
1689	(2)  Each trauma center, pediatric trauma referral center,
1690	and acute care hospital shall report to the department's brain
1691	and spinal cord injury central registry, consistent with the
1692	procedures and timeframes of s. 381.74, any person who has a
1693	moderate-to-severe brain or spinal cord injury, and shall
1694	include in the report the name, age, residence, and type of
1695	disability of the individual and any additional information that
1696	the department finds necessary.
1697
1698	Reviser's note.--Amended to conform to the revision of
1699	the term "pediatric trauma referral center" to
1700	"pediatric trauma center" throughout statutory
1701	material relating to the subject by ch. 2004-259, Laws
1702	of Florida.
1703
1704	Section 60.  Subsection (1) of section 397.416, Florida
1705	Statutes, is repealed.
1706
1707	Reviser's note.--The cited subsection, which allows
1708	persons with certain master's degrees and minimum
1709	experience to perform as qualified professionals with
1710	respect to substance abuse treatment services until
1711	January 1, 2001, has served its purpose.
1712
1713	Section 61.  Subsection (4) of section 397.97, Florida
1714	Statutes, is repealed.
1715
1716	Reviser's note.--Repealed to conform to the repeal of
1717	s. 394.498 by this act.
1718
1719	Section 62.  Section 400.1755, Florida Statutes, is amended
1720	to read:
1721	400.1755  Care for persons with Alzheimer's disease or
1722	related disorders.--
1723	(1)  As a condition of licensure, facilities licensed under
1724	this part must provide to each of their employees, upon
1725	beginning employment, basic written information about
1726	interacting with persons with Alzheimer's disease or a related
1727	disorder.
1728	(2)  All employees who are expected to, or whose
1729	responsibilities require them to, have direct contact with
1730	residents with Alzheimer's disease or a related disorder must,
1731	in addition to being provided the information required in
1732	subsection (1), also have an initial training of at least 1 hour
1733	completed in the first 3 months after beginning employment. This
1734	training must include, but is not limited to, an overview of
1735	dementias and must provide basic skills in communicating with
1736	persons with dementia.
1737	(3)  An individual who provides direct care shall be
1738	considered a direct caregiver and must complete the required
1739	initial training and an additional 3 hours of training within 9
1740	months after beginning employment. This training shall include,
1741	but is not limited to, managing problem behaviors, promoting the
1742	resident's independence in activities of daily living, and
1743	skills in working with families and caregivers.
1744	(a)  The required 4 hours of training for certified nursing
1745	assistants are part of the total hours of training required
1746	annually.
1747	(b)  For a health care practitioner as defined in s.
1748	456.001, continuing education hours taken as required by that
1749	practitioner's licensing board shall be counted toward this
1750	total of 4 hours.
1751	(4)  For an employee who is a licensed health care
1752	practitioner as defined in s. 456.001, training that is
1753	sanctioned by that practitioner's licensing board shall be
1754	considered to be approved by the Department of Elderly Affairs.
1755	(5)  The Department of Elderly Affairs or its designee must
1756	approve the initial and continuing training provided in the
1757	facilities. The department must approve training offered in a
1758	variety of formats, including, but not limited to, Internet-
1759	based training, videos, teleconferencing, and classroom
1760	instruction. The department shall keep a list of current
1761	providers who are approved to provide initial and continuing
1762	training. The department shall adopt rules to establish
1763	standards for the trainers and the training required in this
1764	section.
1765	(6)  Upon completing any training listed in this section,
1766	the employee or direct caregiver shall be issued a certificate
1767	that includes the name of the training provider, the topic
1768	covered, and the date and signature of the training provider.
1769	The certificate is evidence of completion of training in the
1770	identified topic, and the employee or direct caregiver is not
1771	required to repeat training in that topic if the employee or
1772	direct caregiver changes employment to a different facility or
1773	to an assisted living facility, home health agency, adult day
1774	care center, or adult family-care home.  The direct caregiver
1775	must comply with other applicable continuing education
1776	requirements.
1777
1778	An employee hired on or after July 1, 2001, need not comply with
1779	the guidelines created in this section before July 1, 2002.
1780
1781	Reviser's note.--Amended to delete a provision that
1782	has served its purpose.
1783
1784	Section 63.  Sub-subparagraph b. of subparagraph 2. of
1785	paragraph (d) of subsection (5) of section 400.179, Florida
1786	Statutes, is repealed.
1787
1788	Reviser's note.--The cited sub-subparagraph, which
1789	directs the Agency for Health Care Administration to
1790	conduct a study and make recommendations regarding the
1791	minimum amount to be held in reserve to protect
1792	against certain Medicaid overpayments in a report to
1793	be submitted by January 1, 2003, has served its
1794	purpose.
1795
1796	Section 64.  Paragraph (g) of subsection (3) of section
1797	403.4154, Florida Statutes, is amended to read:
1798	403.4154  Phosphogypsum management program.--
1799	(3)  ABATEMENT OF IMMINENT HAZARD.--
1800	(g)  The department may impose a lien on the real property
1801	on which the phosphogypsum stack system that poses an imminent
1802	hazard is located and on the real property underlying and other
1803	assets located at associated phosphate fertilizer production
1804	facilities equal in amount to the moneys expended from the
1805	Nonmandatory Land Reclamation Trust Fund pursuant to paragraph
1806	(e)(d), including attorney's fees and court costs. The owner of
1807	any property on which such a lien is imposed is entitled to a
1808	release of the lien upon payment to the department of the lien
1809	amount. The lien imposed by this section does not take priority
1810	over any other prior perfected lien on the real property,
1811	personal property, or other assets referenced in this paragraph,
1812	including, but not limited to, the associated phosphate rock
1813	mine and reserves.
1814
1815	Reviser's note.--Amended to conform to the
1816	redesignation of subunits of subsection (3) by s. 8,
1817	ch. 2003-423, Laws of Florida.
1818
1819	Section 65.  Paragraph (a) of subsection (17) of section
1820	409.2563, Florida Statutes, is repealed, and paragraph (m) of
1821	subsection (4) of that section is amended to read:
1822	409.2563  Administrative establishment of child support
1823	obligations.--
1824	(4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
1825	SUPPORT ORDER.--To commence a proceeding under this section, the
1826	department shall provide to the custodial parent and serve the
1827	noncustodial parent with a notice of proceeding to establish
1828	administrative support order and a blank financial affidavit
1829	form. The notice must state:
1830	(m)  That, neither the department nor the Division of
1831	Administrative Hearings has jurisdiction to award or change
1832	child custody or rights of parental contact and these issues may
1833	only be addressed in circuit court.
1834	1.  The noncustodial parent may request in writing that the
1835	department proceed in circuit court to determine his or her
1836	support obligations.
1837	2.  The noncustodial parent may state in writing to the
1838	department his or her intention to address issues concerning
1839	custody or rights to parental contact in circuit court.
1840	3.  If the noncustodial parent submits the request
1841	authorized in subparagraph 1., or the statement authorized in
1842	subparagraph 2. to the department within 20 days after the
1843	receipt of the initial notice, the department shall file a
1844	petition in circuit court for the determination of the
1845	noncustodial parent's child support obligations, and shall send
1846	to the noncustodial parent a copy of its petition, a notice of
1847	commencement of action, and a request for waiver of service of
1848	process as provided in the Florida Rules of Civil Procedure.
1849	4.  If, within 10 days after receipt of the department's
1850	petition and waiver of service, the noncustodial parent signs
1851	and returns the waiver of service form to the department, the
1852	department shall terminate the administrative proceeding without
1853	prejudice and proceed in circuit court.
1854	5.  In any circuit court action filed by the department
1855	pursuant to this paragraph or filed by a noncustodial parent or
1856	other person pursuant to paragraph (l) or paragraph (n), the
1857	department shall be a party only with respect to those issues of
1858	support allowed and reimbursable under Title IV-D of the Social
1859	Security Act. It is the responsibility of the noncustodial
1860	parent or other person to take the necessary steps to present
1861	other issues for the court to consider.
1862
1863	The department may serve the notice of proceeding to establish
1864	administrative support order by certified mail, restricted
1865	delivery, return receipt requested. Alternatively, the
1866	department may serve the notice by any means permitted for
1867	service of process in a civil action. For purposes of this
1868	section, an authorized employee of the department may serve the
1869	notice and execute an affidavit of service. Service by certified
1870	mail is completed when the certified mail is received or refused
1871	by the addressee or by an authorized agent as designated by the
1872	addressee in writing. If a person other than the addressee signs
1873	the return receipt, the department shall attempt to reach the
1874	addressee by telephone to confirm whether the notice was
1875	received, and the department shall document any telephonic
1876	communications. If someone other than the addressee signs the
1877	return receipt, the addressee does not respond to the notice,
1878	and the department is unable to confirm that the addressee has
1879	received the notice, service is not completed and the department
1880	shall attempt to have the addressee served personally. The
1881	department shall provide the custodial parent or caretaker
1882	relative with a copy of the notice by regular mail to the last
1883	known address of the custodial parent or caretaker.
1884
1885	Reviser's note.--Paragraph (4)(m) is amended to
1886	conform to the complete title of the Florida Rules of
1887	Civil Procedure. Paragraph (17)(a) is repealed to
1888	delete provisions that have served their purpose; the
1889	paragraph provided for establishment and evaluation of
1890	a study area, with reports due June 30, 2002; June 30,
1891	2003; and June 30, 2004.
1892
1893	Section 66.  Subsection (7) of section 409.907, Florida
1894	Statutes, is amended to read:
1895	409.907  Medicaid provider agreements.--The agency may make
1896	payments for medical assistance and related services rendered to
1897	Medicaid recipients only to an individual or entity who has a
1898	provider agreement in effect with the agency, who is performing
1899	services or supplying goods in accordance with federal, state,
1900	and local law, and who agrees that no person shall, on the
1901	grounds of handicap, race, color, or national origin, or for any
1902	other reason, be subjected to discrimination under any program
1903	or activity for which the provider receives payment from the
1904	agency.
1905	(7)  The agency may require, as a condition of
1906	participating in the Medicaid program and before entering into
1907	the provider agreement, that the provider submit information, in
1908	an initial and any required renewal applications, concerning the
1909	professional, business, and personal background of the provider
1910	and permit an onsite inspection of the provider's service
1911	location by agency staff or other personnel designated by the
1912	agency to perform this function. The agency shall perform a
1913	random onsite inspection, within 60 days after receipt of a
1914	fully complete new provider's application, of the provider's
1915	service location prior to making its first payment to the
1916	provider for Medicaid services to determine the applicant's
1917	ability to provide the services that the applicant is proposing
1918	to provide for Medicaid reimbursement. The agency is not
1919	required to perform an onsite inspection of a provider or
1920	program that is licensed by the agency, that provides services
1921	under waiver programs for home and community-based services, or
1922	that is licensed as a medical foster home by the Department of
1923	Children and Family Services. As a continuing condition of
1924	participation in the Medicaid program, a provider shall
1925	immediately notify the agency of any current or pending
1926	bankruptcy filing. Before entering into the provider agreement,
1927	or as a condition of continuing participation in the Medicaid
1928	program, the agency may also require that Medicaid providers
1929	reimbursed on a fee-for-services basis or fee schedule basis
1930	which is not cost-based, post a surety bond not to exceed
1931	$50,000 or the total amount billed by the provider to the
1932	program during the current or most recent calendar year,
1933	whichever is greater. For new providers, the amount of the
1934	surety bond shall be determined by the agency based on the
1935	provider's estimate of its first year's billing. If the
1936	provider's billing during the first year exceeds the bond
1937	amount, the agency may require the provider to acquire an
1938	additional bond equal to the actual billing level of the
1939	provider. A provider's bond shall not exceed $50,000 if a
1940	physician or group of physicians licensed under chapter 458,
1941	chapter 459, or chapter 460 has a 50 percent or greater
1942	ownership interest in the provider or if the provider is an
1943	assisted living facility licensed under part III of chapter 400.
1944	The bonds permitted by this section are in addition to the bonds
1945	referenced in s. 400.179(5)(d) 400.179(4)(d). If the provider is
1946	a corporation, partnership, association, or other entity, the
1947	agency may require the provider to submit information concerning
1948	the background of that entity and of any principal of the
1949	entity, including any partner or shareholder having an ownership
1950	interest in the entity equal to 5 percent or greater, and any
1951	treating provider who participates in or intends to participate
1952	in Medicaid through the entity. The information must include:
1953	(a)  Proof of holding a valid license or operating
1954	certificate, as applicable, if required by the state or local
1955	jurisdiction in which the provider is located or if required by
1956	the Federal Government.
1957	(b)  Information concerning any prior violation, fine,
1958	suspension, termination, or other administrative action taken
1959	under the Medicaid laws, rules, or regulations of this state or
1960	of any other state or the Federal Government; any prior
1961	violation of the laws, rules, or regulations relating to the
1962	Medicare program; any prior violation of the rules or
1963	regulations of any other public or private insurer; and any
1964	prior violation of the laws, rules, or regulations of any
1965	regulatory body of this or any other state.
1966	(c)  Full and accurate disclosure of any financial or
1967	ownership interest that the provider, or any principal, partner,
1968	or major shareholder thereof, may hold in any other Medicaid
1969	provider or health care related entity or any other entity that
1970	is licensed by the state to provide health or residential care
1971	and treatment to persons.
1972	(d)  If a group provider, identification of all members of
1973	the group and attestation that all members of the group are
1974	enrolled in or have applied to enroll in the Medicaid program.
1975
1976	Reviser's note.--Amended to conform to the context of
1977	the reference and the fact that there is no s.
1978	400.179(4)(d).
1979
1980	Section 67.  Subsections (1) and (6) of section 409.9071,
1981	Florida Statutes, are amended to read:
1982	409.9071  Medicaid provider agreements for school districts
1983	certifying state match.--
1984	(1)  The agency shall submit a state plan amendment by
1985	September 1, 1997, for the purpose of obtaining federal
1986	authorization to reimburse school-based services as provided in
1987	former s. 236.0812 pursuant to the rehabilitative services
1988	option provided under 42 U.S.C. s. 1396d(a)(13). For purposes of
1989	this section, billing agent consulting services shall be
1990	considered billing agent services, as that term is used in s.
1991	409.913(10), and, as such, payments to such persons shall not be
1992	based on amounts for which they bill nor based on the amount a
1993	provider receives from the Medicaid program. This provision
1994	shall not restrict privatization of Medicaid school-based
1995	services. Subject to any limitations provided for in the General
1996	Appropriations Act, the agency, in compliance with appropriate
1997	federal authorization, shall develop policies and procedures and
1998	shall allow for certification of state and local education funds
1999	which have been provided for school-based services as specified
2000	in s. 1011.70 and authorized by a physician's order where
2001	required by federal Medicaid law.  Any state or local funds
2002	certified pursuant to this section shall be for children with
2003	specified disabilities who are eligible for both Medicaid and
2004	part B or part H of the Individuals with Disabilities Education
2005	Act (IDEA), or the exceptional student education program, or who
2006	have an individualized educational plan.
2007	(6)  Retroactive reimbursements for services as specified
2008	in former s. 236.0812 as of July 1, 1996, including
2009	reimbursement for the 1995-1996 and 1996-1997 school years, are
2010	subject to federal approval.
2011
2012	Reviser's note.--Subsection (1) is amended to delete a
2013	provision that has served its purpose. Subsection (6)
2014	is amended to make the sentence complete and provide
2015	clarity.
2016
2017	Section 68.  Subparagraph 4. of paragraph (a) of subsection
2018	(1) of section 409.908, Florida Statutes, is repealed.
2019
2020	Reviser's note.--The cited subparagraph, which
2021	provides for hospital inpatient rates to be reduced by
2022	6 percent effective July 1, 2001, and restored
2023	effective April 1, 2002, has served its purpose.
2024
2025	Section 69.  Section 409.91188, Florida Statutes, is
2026	amended to read:
2027	409.91188  Specialty prepaid health plans for Medicaid
2028	recipients with HIV or AIDS.--The Agency for Health Care
2029	Administration is authorized to contract with specialty prepaid
2030	health plans and pay them on a prepaid capitated basis to
2031	provide Medicaid benefits to Medicaid-eligible recipients who
2032	have human immunodeficiency syndrome (HIV) or acquired
2033	immunodeficiency syndrome (AIDS). The agency shall apply for and
2034	is authorized to implement federal waivers or other necessary
2035	federal authorization to implement the prepaid health plans
2036	authorized by this section. The agency shall procure the
2037	specialty prepaid health plans through a competitive
2038	procurement. In awarding a contract to a managed care plan, the
2039	agency shall take into account price, quality, accessibility,
2040	linkages to community-based organizations, and the
2041	comprehensiveness of the benefit package offered by the plan.
2042	The agency may bid the HIV/AIDS specialty plans on a county,
2043	regional, or statewide basis. Qualified plans must be licensed
2044	under chapter 641. The agency shall monitor and evaluate the
2045	implementation of this waiver program if it is approved by the
2046	Federal Government and shall report on its status to the
2047	President of the Senate and the Speaker of the House of
2048	Representatives by February 1, 2001. To improve coordination of
2049	medical care delivery and to increase cost efficiency for the
2050	Medicaid program in treating HIV disease, the Agency for Health
2051	Care Administration shall seek all necessary federal waivers to
2052	allow participation in the Medipass HIV disease management
2053	program for Medicare beneficiaries who test positive for HIV
2054	infection and who also qualify for Medicaid benefits such as
2055	prescription medications not covered by Medicare.
2056
2057	Reviser's note.--Amended to delete a provision that
2058	has served its purpose.
2059
2060	Section 70.  Paragraph (a) of subsection (4), paragraph (b)
2061	of subsection (16), subsection (41), and paragraph (d) of
2062	subsection (49) of section 409.912, Florida Statutes, are
2063	amended to read:
2064	409.912  Cost-effective purchasing of health care.--The
2065	agency shall purchase goods and services for Medicaid recipients
2066	in the most cost-effective manner consistent with the delivery
2067	of quality medical care. To ensure that medical services are
2068	effectively utilized, the agency may, in any case, require a
2069	confirmation or second physician's opinion of the correct
2070	diagnosis for purposes of authorizing future services under the
2071	Medicaid program. This section does not restrict access to
2072	emergency services or poststabilization care services as defined
2073	in 42 C.F.R. part 438.114. Such confirmation or second opinion
2074	shall be rendered in a manner approved by the agency. The agency
2075	shall maximize the use of prepaid per capita and prepaid
2076	aggregate fixed-sum basis services when appropriate and other
2077	alternative service delivery and reimbursement methodologies,
2078	including competitive bidding pursuant to s. 287.057, designed
2079	to facilitate the cost-effective purchase of a case-managed
2080	continuum of care. The agency shall also require providers to
2081	minimize the exposure of recipients to the need for acute
2082	inpatient, custodial, and other institutional care and the
2083	inappropriate or unnecessary use of high-cost services. The
2084	agency may mandate prior authorization, drug therapy management,
2085	or disease management participation for certain populations of
2086	Medicaid beneficiaries, certain drug classes, or particular
2087	drugs to prevent fraud, abuse, overuse, and possible dangerous
2088	drug interactions. The Pharmaceutical and Therapeutics Committee
2089	shall make recommendations to the agency on drugs for which
2090	prior authorization is required. The agency shall inform the
2091	Pharmaceutical and Therapeutics Committee of its decisions
2092	regarding drugs subject to prior authorization. The agency is
2093	authorized to limit the entities it contracts with or enrolls as
2094	Medicaid providers by developing a provider network through
2095	provider credentialing. The agency may limit its network based
2096	on the assessment of beneficiary access to care, provider
2097	availability, provider quality standards, time and distance
2098	standards for access to care, the cultural competence of the
2099	provider network, demographic characteristics of Medicaid
2100	beneficiaries, practice and provider-to-beneficiary standards,
2101	appointment wait times, beneficiary use of services, provider
2102	turnover, provider profiling, provider licensure history,
2103	previous program integrity investigations and findings, peer
2104	review, provider Medicaid policy and billing compliance records,
2105	clinical and medical record audits, and other factors. Providers
2106	shall not be entitled to enrollment in the Medicaid provider
2107	network. The agency is authorized to seek federal waivers
2108	necessary to implement this policy.
2109	(4)  The agency may contract with:
2110	(a)  An entity that provides no prepaid health care
2111	services other than Medicaid services under contract with the
2112	agency and which is owned and operated by a county, county
2113	health department, or county-owned and operated hospital to
2114	provide health care services on a prepaid or fixed-sum basis to
2115	recipients, which entity may provide such prepaid services
2116	either directly or through arrangements with other providers.
2117	Such prepaid health care services entities must be licensed
2118	under parts I and III by January 1, 1998, and until then are
2119	exempt from the provisions of part I of chapter 641. An entity
2120	recognized under this paragraph which demonstrates to the
2121	satisfaction of the Office of Insurance Regulation of the
2122	Financial Services Commission that it is backed by the full
2123	faith and credit of the county in which it is located may be
2124	exempted from s. 641.225.
2125	(16)
2126	(b)  The responsibility of the agency under this subsection
2127	shall include the development of capabilities to identify actual
2128	and optimal practice patterns; patient and provider educational
2129	initiatives; methods for determining patient compliance with
2130	prescribed treatments; fraud, waste, and abuse prevention and
2131	detection programs; and beneficiary case management programs.
2132	1.  The practice pattern identification program shall
2133	evaluate practitioner prescribing patterns based on national and
2134	regional practice guidelines, comparing practitioners to their
2135	peer groups. The agency and its Drug Utilization Review Board
2136	shall consult with the Department of Health and a panel of
2137	practicing health care professionals consisting of the
2138	following: the Speaker of the House of Representatives and the
2139	President of the Senate shall each appoint three physicians
2140	licensed under chapter 458 or chapter 459; and the Governor
2141	shall appoint two pharmacists licensed under chapter 465 and one
2142	dentist licensed under chapter 466 who is an oral surgeon. Terms
2143	of the panel members shall expire at the discretion of the
2144	appointing official. The panel shall begin its work by August 1,
2145	1999, regardless of the number of appointments made by that
2146	date. The advisory panel shall be responsible for evaluating
2147	treatment guidelines and recommending ways to incorporate their
2148	use in the practice pattern identification program.
2149	Practitioners who are prescribing inappropriately or
2150	inefficiently, as determined by the agency, may have their
2151	prescribing of certain drugs subject to prior authorization or
2152	may be terminated from all participation in the Medicaid
2153	program.
2154	2.  The agency shall also develop educational interventions
2155	designed to promote the proper use of medications by providers
2156	and beneficiaries.
2157	3.  The agency shall implement a pharmacy fraud, waste, and
2158	abuse initiative that may include a surety bond or letter of
2159	credit requirement for participating pharmacies, enhanced
2160	provider auditing practices, the use of additional fraud and
2161	abuse software, recipient management programs for beneficiaries
2162	inappropriately using their benefits, and other steps that will
2163	eliminate provider and recipient fraud, waste, and abuse. The
2164	initiative shall address enforcement efforts to reduce the
2165	number and use of counterfeit prescriptions.
2166	4.  By September 30, 2002, the agency shall contract with
2167	an entity in the state to implement a wireless handheld clinical
2168	pharmacology drug information database for practitioners. The
2169	initiative shall be designed to enhance the agency's efforts to
2170	reduce fraud, abuse, and errors in the prescription drug benefit
2171	program and to otherwise further the intent of this paragraph.
2172	5.  The agency may apply for any federal waivers needed to
2173	implement this paragraph.
2174	(41)  The agency shall provide for the development of a
2175	demonstration project by establishment in Miami-Dade County of a
2176	long-term-care facility licensed pursuant to chapter 395 to
2177	improve access to health care for a predominantly minority,
2178	medically underserved, and medically complex population and to
2179	evaluate alternatives to nursing home care and general acute
2180	care for such population. Such project is to be located in a
2181	health care condominium and colocated with licensed facilities
2182	providing a continuum of care. The establishment of this project
2183	is not subject to the provisions of s. 408.036 or s. 408.039.
2184	The agency shall report its findings to the Governor, the
2185	President of the Senate, and the Speaker of the House of
2186	Representatives by January 1, 2003.
2187	(49)  The agency shall contract with established minority
2188	physician networks that provide services to historically
2189	underserved minority patients. The networks must provide cost-
2190	effective Medicaid services, comply with the requirements to be
2191	a MediPass provider, and provide their primary care physicians
2192	with access to data and other management tools necessary to
2193	assist them in ensuring the appropriate use of services,
2194	including inpatient hospital services and pharmaceuticals.
2195	(d)  The agency may apply for any federal waivers needed to
2196	implement this subsection paragraph.
2197
2198	Reviser's note.--Paragraphs (4)(a) and (16)(b) and
2199	subsection (41) are amended to delete provisions that
2200	have served their purpose. Paragraph (49)(d) is
2201	amended to conform to the context of the reference.
2202
2203	Section 71.  Subsection (3) of section 420.504, Florida
2204	Statutes, is amended to read:
2205	420.504  Public corporation; creation, membership, terms,
2206	expenses.--
2207	(3)  The corporation is a separate budget entity and is not
2208	subject to control, supervision, or direction by the Department
2209	of Community Affairs in any manner, including, but not limited
2210	to, personnel, purchasing, transactions involving real or
2211	personal property, and budgetary matters. The corporation shall
2212	consist of a board of directors composed of the Secretary of
2213	Community Affairs as an ex officio and voting member and eight
2214	members appointed by the Governor subject to confirmation by the
2215	Senate from the following:
2216	(a)  One citizen actively engaged in the residential home
2217	building industry.
2218	(b)  One citizen actively engaged in the banking or
2219	mortgage banking industry.
2220	(c)  One citizen who is a representative of those areas of
2221	labor engaged in home building.
2222	(d)  One citizen with experience in housing development who
2223	is an advocate for low-income persons.
2224	(e)  One citizen actively engaged in the commercial
2225	building industry.
2226	(f)  One citizen who is a former local government elected
2227	official.
2228	(g)  Two citizens of the state who are not principally
2229	employed as members or representatives of any of the groups
2230	specified in paragraphs (a)-(f).
2231
2232	The changes in membership categories required by this act shall
2233	be effective when the term of one citizen member expires in
2234	1998.
2235
2236	Reviser's note.--Amended to delete a provision that
2237	has served its purpose.
2238
2239	Section 72.  Paragraph (g) of subsection (2) of section
2240	430.04, Florida Statutes, is reenacted to read:
2241	430.04  Duties and responsibilities of the Department of
2242	Elderly Affairs.--The Department of Elderly Affairs shall:
2243	(2)  Be responsible for ensuring that each area agency on
2244	aging operates in a manner to ensure that the elderly of this
2245	state receive the best services possible.  The department shall
2246	rescind designation of an area agency on aging or take
2247	intermediate measures against the agency, including corrective
2248	action, unannounced special monitoring, temporary assumption of
2249	operation of one or more programs by the department, placement
2250	on probationary status, imposing a moratorium on agency action,
2251	imposing financial penalties for nonperformance, or other
2252	administrative action pursuant to chapter 120, if the department
2253	finds that:
2254	(g)  The agency has failed to implement and maintain a
2255	department-approved client grievance resolution procedure.
2256
2257	Reviser's note.--Section 4, ch. 2004-386, Laws of
2258	Florida, amended subsection (2), including insertion
2259	of a new paragraph (f), without publishing existing
2260	paragraph (f). Absent affirmative evidence of
2261	legislative intent to repeal existing paragraph (f),
2262	it is reenacted here, redesignated as paragraph (g),
2263	to confirm that the omission was not intended.
2264
2265	Section 73.  Paragraph (b) of subsection (6) of section
2266	430.205, Florida Statutes, is amended to read:
2267	430.205  Community care service system.--
2268	(6)  Notwithstanding other requirements of this chapter,
2269	the Department of Elderly Affairs and the Agency for Health Care
2270	Administration shall develop an integrated long-term-care
2271	delivery system.
2272	(b)  During the 2004-2005 state fiscal year:
2273	1.  The agency, in consultation with the department, shall
2274	develop an implementation plan to integrate the Frail Elder
2275	Option into the Nursing Home Diversion pilot project and each
2276	program's funds into one capitated program serving the aged.
2277	Beginning July 1, 2004, the agency may not enroll additional
2278	individuals in the Frail Elder Option.
2279	2.  The agency, in consultation with the department, shall
2280	integrate the Aged and Disabled Adult Medicaid waiver program
2281	and the Assisted Living for the Elderly Medicaid waiver program
2282	and each program's funds into one fee-for-service Medicaid
2283	waiver program serving the aged and disabled. Once the programs
2284	are integrated, funding to provide care in assisted-living
2285	facilities under the new waiver may not be less than the amount
2286	appropriated in the 2003-2004 fiscal year for the Assisted
2287	Living for the Elderly Medicaid waiver.
2288	a.  The agency shall seek federal waivers necessary to
2289	integrate these waiver programs.
2290	b.  The agency and the department shall reimburse providers
2291	for case management services on a capitated basis and develop
2292	uniform standards for case management in this fee-for-service
2293	Medicaid waiver program. The coordination of acute and chronic
2294	medical services for individuals shall be included in the
2295	capitated rate for case management services.
2296	c.  The agency and the department shall adopt any rules
2297	necessary to comply with or administer these requirements,
2298	effect and implement interagency agreements between the
2299	department and the agency, and comply with federal requirements.
2300	3.  The Legislature finds that preservation of the historic
2301	aging network of lead agencies is essential to the well-being of
2302	Florida's elderly population. The Legislature finds that the
2303	Florida aging network constitutes a system of essential
2304	community providers which should be nurtured and assisted to
2305	develop systems of operations which allow the gradual assumption
2306	of responsibility and financial risk for managing a client
2307	through the entire continuum of long-term care services within
2308	the area the lead agency is currently serving, and which allow
2309	lead agency providers to develop managed systems of service
2310	delivery. The department, in consultation with the agency, shall
2311	therefore:
2312	a.  Develop a demonstration project in which existing
2313	community care for the elderly lead agencies are assisted in
2314	transferring their business model and the service delivery
2315	system within their current community care service area to
2316	enable assumption, over a period of time, of full risk as a
2317	community diversion pilot project contractor providing long-term
2318	care services in the areas of operation. The department, in
2319	consultation with the agency and the Department of Children and
2320	Family Services, shall develop an implementation plan for no
2321	more than three lead agencies by October 31, 2004.
2322	b.  In the demonstration area, a community care for the
2323	elderly lead agency shall be initially reimbursed on a prepaid
2324	or fixed-sum basis for services provided under the newly
2325	integrated fee-for-service Medicaid waiver. By the end of the
2326	third year of operation, the demonstration project shall include
2327	all services under the long-term care community diversion pilot
2328	project.
2329	c.  During the first year of operation, the department, in
2330	consultation with the agency, may place providers at risk to
2331	provide nursing home services for the enrolled individuals who
2332	are participating in the demonstration project. During the 3-
2333	year development period, the agency and the department may limit
2334	the level of custodial nursing home risk that the administering
2335	entities assume. Under risk-sharing arrangements, during the
2336	first 3 years of operation, the department, in consultation with
2337	the agency, may reimburse the administering entity for the cost
2338	of providing nursing home care for Medicaid-eligible
2339	participants who have been permanently placed and remain in a
2340	nursing home for more than 1 year, or may disenroll such
2341	participants from the demonstration project.
2342	d.  The agency, in consultation with the department, shall
2343	develop reimbursement rates based on the historical cost
2344	experience of the state in providing long-term care and nursing
2345	home services under Medicaid waiver programs to the population
2346	65 years of age and older in the area served by the pilot
2347	project.
2348	e.  The department, in consultation with the agency, shall
2349	ensure that the entity or entities receiving prepaid or fixed-
2350	sum reimbursement are assisted in developing internal management
2351	and financial control systems necessary to manage the risk
2352	associated with providing services under a prepaid or fixed-sum
2353	rate system.
2354	f.  If the department and the agency share risk of
2355	custodial nursing home placement, payment rates during the first
2356	3 years of operation shall be set at not more than 100 percent
2357	of the costs to the agency and the department of providing
2358	equivalent services to the population within the area of the
2359	pilot project for the year prior to the year in which the pilot
2360	project is implemented, adjusted forward to account for
2361	inflation and policy changes in the Medicaid program. In
2362	subsequent years, the rate shall be negotiated, based on the
2363	cost experience of the entity in providing contracted services,
2364	but may not exceed 95 percent of the amount that would have been
2365	paid in the pilot project area absent the prepaid or fixed sum
2366	reimbursement methodology.
2367	g.  Community care for the elderly lead agencies that have
2368	operated for a period of at least 20 years, which provide
2369	Medicare-certified services to elders, and which have developed
2370	a system of service provision by health care volunteers shall be
2371	given priority in the selection of the pilot project if they
2372	meet the minimum requirements specified in the competitive
2373	procurement.
2374	h.  The agency and the department shall adopt rules
2375	necessary to comply with or administer these requirements,
2376	effect and implement interagency agreements between the agency
2377	and the department, and comply with federal requirements.
2378	i.  The department and the agency shall seek federal
2379	waivers necessary to implement the requirements of this section.
2380	j.  The Department of Elderly Affairs shall conduct or
2381	contract for an evaluation of the demonstration project. The
2382	department shall submit the evaluation to the Governor and the
2383	Legislature by January 1, 2007. The evaluation must address the
2384	effectiveness of the pilot project in providing a comprehensive
2385	system of appropriate and high-quality, long-term care services
2386	to elders in the least restrictive setting and make
2387	recommendations on expanding the project to other parts of the
2388	state.
2389	4.  The department, in consultation with the agency, shall
2390	study the integration of the database systems for the
2391	Comprehensive Assessment and Review of Long-Term Care (CARES)
2392	program and the Client Information and Referral Tracking System
2393	(CIRTS) and develop a plan for database integration. The
2394	department shall submit the plan to the Governor, the President
2395	of the Senate, and the Speaker of the House of Representatives
2396	by December 31, 2004.
2397	5.  The agency, in consultation with the department, shall
2398	work with the fiscal agent for the Medicaid program to develop a
2399	service utilization reporting system that operates through the
2400	fiscal agent for the capitated plans.
2401
2402	Reviser's note.--Amended to improve clarity and
2403	facilitate correct interpretation.
2404
2405	Section 74.  Subsection (6) of section 440.05, Florida
2406	Statutes, is amended to read:
2407	440.05  Election of exemption; revocation of election;
2408	notice; certification.--
2409	(6)  A construction industry certificate of election to be
2410	exempt which is issued in accordance with this section shall be
2411	valid for 2 years after the effective date stated thereon. Both
2412	the effective date and the expiration date must be listed on the
2413	face of the certificate by the department. The construction
2414	industry certificate must expire at midnight, 2 years from its
2415	issue date, as noted on the face of the exemption certificate.
2416	Any person who has received from the department a construction
2417	industry certificate of election to be exempt which is in effect
2418	on December 31, 1998, shall file a new notice of election to be
2419	exempt by the last day in his or her birth month following
2420	December 1, 1998. A construction industry certificate of
2421	election to be exempt may be revoked before its expiration by
2422	the officer for whom it was issued or by the department for the
2423	reasons stated in this section.  At least 60 days prior to the
2424	expiration date of a construction industry certificate of
2425	exemption issued after December 1, 1998, the department shall
2426	send notice of the expiration date and an application for
2427	renewal to the certificateholder at the address on the
2428	certificate.
2429
2430	Reviser's note.--Amended to delete a provision that
2431	has served its purpose.
2432
2433	Section 75.  Paragraph (a) of subsection (6) of section
2434	440.491, Florida Statutes, is amended to read:
2435	440.491  Reemployment of injured workers; rehabilitation.--
2436	(6)  TRAINING AND EDUCATION.--
2437	(a)  Upon referral of an injured employee by the carrier,
2438	or upon the request of an injured employee, the department shall
2439	conduct a training and education screening to determine whether
2440	it should refer the employee for a vocational evaluation and, if
2441	appropriate, approve training and education or other vocational
2442	services for the employee. The department may not approve formal
2443	training and education programs unless it determines, after
2444	consideration of the reemployment assessment, pertinent
2445	reemployment status reviews or reports, and such other relevant
2446	factors as it prescribes by rule, that the reemployment plan is
2447	likely to result in return to suitable gainful employment. The
2448	department is authorized to expend moneys from the Workers'
2449	Compensation Administration Trust Fund, established by s.
2450	440.50, to secure appropriate training and education at a
2451	community college as designated in s. 1000.21(3) or at a career
2452	center vocational-technical school established under s. 1001.44,
2453	or to secure other vocational services when necessary to satisfy
2454	the recommendation of a vocational evaluator. As used in this
2455	paragraph, "appropriate training and education" includes
2456	securing a general education diploma (GED), if necessary. The
2457	department shall establish training and education standards
2458	pertaining to employee eligibility, course curricula and
2459	duration, and associated costs.
2460
2461	Reviser's note.--Amended to conform to the
2462	substitution of the term "career center" for
2463	"vocational-technical school" throughout statutory
2464	material relating to the subject by ch. 2004-357, Laws
2465	of Florida. Also amended to conform to the terminology
2466	used in s. 1001.44.
2467
2468	Section 76.  Section 440.591, Florida Statutes, is amended
2469	to read:
2470	440.591  Administrative procedure; rulemaking
2471	authority.--The department, the Financial Services Commission,
2472	the agency, and the Department of Education may adopt rules
2473	pursuant to ss. 120.536(1) and 120.54 to implement the
2474	provisions of this chapter conferring duties upon them it.
2475
2476	Reviser's note.--Amended to improve clarity and
2477	facilitate correct interpretation.
2478
2479	Section 77.  Paragraph (a) of subsection (5) of section
2480	443.191, Florida Statutes, is amended to read:
2481	443.191  Unemployment Compensation Trust Fund;
2482	establishment and control.--
2483	(5)  MONEY CREDITED UNDER 42 U.S.C. S. 1103.--
2484	(a)  Money credited to this state's account in the federal
2485	Unemployment Compensation Trust Fund by the Secretary of the
2486	Treasury of the United States under 42 U.S.C. s. 1103 may not be
2487	requisitioned from this state's account or used except for the
2488	payment of benefits and for the payment of expenses incurred for
2489	the administration of this chapter. These moneys may be
2490	requisitioned under subsection (3) for the payment of benefits.
2491	These moneys may also be requisitioned and used for the payment
2492	of expenses incurred for the administration of this chapter, but
2493	only under a specific appropriation by the Legislature and only
2494	if the expenses are incurred and the money is requisitioned
2495	after the enactment of an appropriations law that:
2496	1.  Specifies the purposes for which the money is
2497	appropriated and the amounts appropriated;
2498	2.  Limits the period within which the money may be
2499	obligated to a period ending not more than 2 years after the
2500	date of the enactment of the appropriations law; and
2501	3.  Limits the amount that may be obligated during any 12-
2502	month period beginning on July 1 and ending on the next June 30
2503	to an amount that does not exceed the amount by which the
2504	aggregate of the amounts credited to the state's account under
2505	42 U.S.C. s. 1103 during the same 12-month period and the 34
2506	preceding 12-month periods exceeds the aggregate of the amounts
2507	obligated for administration and paid out for benefits and
2508	charged against the amounts credited to the state's account
2509	during those 35 12-month periods.
2510
2511	Notwithstanding this paragraph, money credited for federal
2512	fiscal years 1999, 2000, and 2001 may only be used solely for
2513	the administration of the Unemployment Compensation Program.
2514	This money is not otherwise subject to this paragraph when
2515	appropriated by the Legislature.
2516
2517	Reviser's note.--Amended to delete a provision that
2518	has served its purpose.
2519
2520	Section 78.  Subsection (5) and paragraph (b) of subsection
2521	(6) of section 445.003, Florida Statutes, are repealed.
2522
2523	Reviser's note.--Subsection (5), which required the
2524	former Department of Labor and Employment Security to
2525	phase-down Job Training Partnership Act duties before
2526	the July 1, 2000, abolishment of the federal program,
2527	and to complete related outstanding accounts and
2528	issues by July 1, 2002 (transfer to Agency for
2529	Workforce Innovation), is obsolete. Paragraph (6)(b),
2530	which required the Office of Program Policy Analysis
2531	and Government Accountability to review the workforce
2532	development system and submit a final report by
2533	December 31, 2002, has served its purpose.
2534
2535	Section 79.  Subsection (3) and paragraph (b) of subsection
2536	(9) of section 445.009, Florida Statutes, are amended to read:
2537	445.009  One-stop delivery system.--
2538	(3)  Notwithstanding any other provision of law, any
2539	memorandum of understanding in effect on June 30, 2000, between
2540	a regional workforce board and the Department of Labor and
2541	Employment Security governing the delivery of workforce services
2542	shall remain in effect until September 30, 2000. Beginning
2543	October 1, 2000, regional workforce boards shall enter into a
2544	memorandum of understanding with the Agency for Workforce
2545	Innovation for the delivery of employment services authorized by
2546	the federal Wagner-Peyser Act. This memorandum of understanding
2547	must be performance based.
2548	(a)  Unless otherwise required by federal law, at least 90
2549	percent of the Wagner-Peyser funding must go into direct
2550	customer service costs.
2551	(b)  Employment services must be provided through the one-
2552	stop delivery system, under the guidance of one-stop delivery
2553	system operators. One-stop delivery system operators shall have
2554	overall authority for directing the staff of the workforce
2555	system. Personnel matters shall remain under the ultimate
2556	authority of the Agency for Workforce Innovation. However, the
2557	one-stop delivery system operator shall submit to the agency
2558	information concerning the job performance of agency employees
2559	who deliver employment services. The agency shall consider any
2560	such information submitted by the one-stop delivery system
2561	operator in conducting performance appraisals of the employees.
2562	(c)  The agency shall retain fiscal responsibility and
2563	accountability for the administration of funds allocated to the
2564	state under the Wagner-Peyser Act. An agency employee who is
2565	providing services authorized under the Wagner-Peyser Act shall
2566	be paid using Wagner-Peyser Act funds.
2567	(d)  The Office of Program Policy Analysis and Government
2568	Accountability, in consultation with Workforce Florida, Inc.,
2569	shall review the delivery of employment services under the
2570	Wagner-Peyser Act and the integration of those services with
2571	other activities performed through the one-stop delivery system
2572	and shall provide recommendations to the Legislature for
2573	improving the effectiveness of the delivery of employment
2574	services in this state. The Office of Program Policy Analysis
2575	and Government Accountability shall submit a report and
2576	recommendations to the Governor, the President of the Senate,
2577	and the Speaker of the House of Representatives by December 31,
2578	2002.
2579	(9)
2580	(b)  The network shall assure that a uniform method is used
2581	to determine eligibility for and management of services provided
2582	by agencies that conduct workforce development activities.  The
2583	Department of Management Services shall develop strategies to
2584	allow access to the databases and information management systems
2585	of the following systems in order to link information in those
2586	databases with the one-stop delivery system:
2587	1.  The Unemployment Compensation Program of the Agency for
2588	Workforce Innovation.
2589	2.  The public employment service described in s. 443.181.
2590	3.  The FLORIDA System and the components related to WAGES,
2591	food stamps, and Medicaid eligibility.
2592	4.  The Workers' Compensation System of the Department of
2593	Labor and Employment Security.
2594	4.5.  The Student Financial Assistance System of the
2595	Department of Education.
2596	5.6.  Enrollment in the public postsecondary education
2597	system.
2598	6.7.  Other information systems determined appropriate by
2599	Workforce Florida, Inc.
2600
2601	The systems shall be fully coordinated at both the state and
2602	local levels by July 1, 2001.
2603
2604	Reviser's note.--Amended to delete provisions that are
2605	obsolete or have served their purpose. Subparagraph
2606	(9)(b)4. is deleted to remove a reference to an
2607	information management system of the Department of
2608	Labor and Employment Security; the system was not
2609	implemented, and the department was abolished by s.
2610	69, ch. 2002-194, Laws of Florida.
2611
2612	Section 80.  Section 446.051, Florida Statutes, is
2613	reenacted to read:
2614	446.051  Related instruction for apprentices.--
2615	(1)  The administration and supervision of related and
2616	supplemental instruction for apprentices, coordination of such
2617	instruction with job experiences, and selection and training of
2618	teachers and coordinators for such instruction, all as approved
2619	by the registered program sponsor, shall be the responsibility
2620	of the appropriate career education institution.
2621	(2)  The appropriate career education institution shall be
2622	encouraged to cooperate with and assist in providing to any
2623	registered program sponsor facilities, equipment and supplies,
2624	and instructors' salaries for the performance of related and
2625	supplemental instruction associated with the registered program.
2626
2627	Reviser's note.--Reenacted to confirm the substitution
2628	of the term "career education" for "vocational
2629	education" to conform to that substitution throughout
2630	statutory material relating to the subject by ch.
2631	2004-357, Laws of Florida.
2632
2633	Section 81.  Paragraph (a) of subsection (1) and subsection
2634	(2) of section 450.081, Florida Statutes, are reenacted to read:
2635	450.081  Hours of work in certain occupations.--
2636	(1)(a)  Minors 15 years of age or younger shall not be
2637	employed, permitted, or suffered to work before 7 a.m. or after
2638	7 p.m. when school is scheduled the following day or for more
2639	than 15 hours in any one week.  On any school day, minors 15
2640	years of age or younger who are not enrolled in a career
2641	education program shall not be gainfully employed for more than
2642	3 hours, unless there is no session of school the following day.
2643	(2)  Minors 16 and 17 years of age shall not be employed,
2644	permitted, or suffered to work before 6:30 a.m. or after 11:00
2645	p.m. or for more than 8 hours in any one day when school is
2646	scheduled the following day. When school is in session, minors
2647	16 and 17 years of age shall not work more than 30 hours in any
2648	one week.  On any school day, minors 16 and 17 years of age who
2649	are not enrolled in a career education program shall not be
2650	gainfully employed during school hours.
2651
2652	Reviser's note.--Reenacted to confirm the substitution
2653	of the term "career education" for "vocational
2654	education" to conform to that substitution throughout
2655	statutory material relating to the subject by ch.
2656	2004-357, Laws of Florida.
2657
2658	Section 82.  Subsection (2) of section 455.2177, Florida
2659	Statutes, is amended to read:
2660	455.2177  Monitoring of compliance with continuing
2661	education requirements.--
2662	(2)  The department may refuse renewal of a licensee's
2663	license until the licensee has satisfied all applicable
2664	continuing education requirements. This subsection does not
2665	preclude the department or boards from imposing additional
2666	penalties pursuant to the applicable practice act or rules
2667	adopted pursuant thereto.
2668
2669	Reviser's note.--Amended to improve clarity and
2670	correct sentence construction.
2671
2672	Section 83.  Paragraph (c) of subsection (14) of section
2673	455.32, Florida Statutes, is amended to read:
2674	455.32  Management Privatization Act.--
2675	(14)  The contract between the department and the
2676	corporation must be in compliance with this section and other
2677	applicable laws. The department shall retain responsibility for
2678	any duties it currently exercises relating to its police powers
2679	and any other current duty that is not provided to the
2680	corporation by contract or this section. The contract shall
2681	provide, at a minimum, that:
2682	(c)  The corporation submit an annual budget for approval
2683	by the department. If the department's appropriations request
2684	differs from the budget submitted by the corporation, the
2685	relevant professional board shall be permitted to authorize the
2686	inclusion in the appropriations request of a comment or
2687	statement of disagreement with the department's request.
2688
2689	Reviser's note.--Amended to improve clarity and
2690	correct sentence construction.
2691
2692	Section 84.  Subsection (2) of section 475.615, Florida
2693	Statutes, is amended to read:
2694	475.615  Qualifications for registration, licensure, or
2695	certification.--
2696	(2)  The board is authorized to waive or modify any
2697	education, experience, or examination requirements established
2698	in this part section in order to conform with any such
2699	requirements established by the Appraisal Qualifications Board
2700	of the Appraisal Foundation and recognized by the Appraisal
2701	Subcommittee or any successor body recognized by federal law.
2702
2703	Reviser's note.--Amended to improve clarity and
2704	facilitate correct interpretation. Section 9, ch.
2705	91-89, Laws of Florida, created part II, ch. 475,
2706	Florida Statutes, regulating appraisers, including the
2707	reference to "this section." Education, experience,
2708	and examination requirements were created by s. 9, ch.
2709	91-89, and are located in ss. 475.616 and 475.617.
2710
2711	Section 85.  Section 489.146, Florida Statutes, is amended
2712	to read:
2713	489.146  Privatization of services.--Notwithstanding any
2714	other provision of this part relating to the review of licensure
2715	applications, issuance of licenses and renewals, collection of
2716	revenues, fees, and fines, service of documents, publications,
2717	and printing, and other ministerial functions of the department
2718	relating to the regulation of contractors, the department shall
2719	make all reasonable efforts to contract with one or more private
2720	entities for provision of such services, when such services can
2721	be provided in a more efficient manner by private entities. The
2722	department or the board shall retain final authority for
2723	licensure decisions and rulemaking, including all appeals or
2724	other legal action resulting from such licensure decisions or
2725	rulemaking. The department and the board shall adopt rules to
2726	implement the provisions of this section. The department shall
2727	report all progress and the status of privatization and
2728	privatization efforts to the Legislature by March 1, 1998.
2729
2730	Reviser's note.--Amended to delete a provision that
2731	has served its purpose.
2732
2733	Section 86.  Subsection (4) of section 489.531, Florida
2734	Statutes, is reenacted to read:
2735	489.531  Prohibitions; penalties.--
2736	(4)  Each county or municipality may, at its option,
2737	designate one or more of its code enforcement officers, as
2738	defined in chapter 162, to enforce, as set out in this
2739	subsection, the provisions of subsection (1) against persons who
2740	engage in activity for which county or municipal certification
2741	is required.
2742	(a)  A code enforcement officer designated pursuant to this
2743	subsection may issue a citation for any violation of subsection
2744	(1) whenever, based upon personal investigation, the code
2745	enforcement officer has reasonable and probable grounds to
2746	believe that such a violation has occurred.
2747	(b)  A citation issued by a code enforcement officer shall
2748	be in a form prescribed by the local governing body of the
2749	county or municipality and shall state:
2750	1.  The time and date of issuance.
2751	2.  The name and address of the person to whom the citation
2752	is issued.
2753	3.  The time and date of the violation.
2754	4.  A brief description of the violation and the facts
2755	constituting reasonable cause.
2756	5.  The name of the code enforcement officer.
2757	6.  The procedure for the person to follow in order to pay
2758	the civil penalty or to contest the citation.
2759	7.  The applicable civil penalty if the person elects not
2760	to contest the citation.
2761	(c)  The local governing body of the county or municipality
2762	is authorized to enforce codes and ordinances against unlicensed
2763	contractors under the provisions of this section and may enact
2764	an ordinance establishing procedures for implementing this
2765	section, including a schedule of penalties to be assessed by the
2766	code enforcement officers.  The maximum civil penalty which may
2767	be levied shall not exceed $500.  Moneys collected pursuant to
2768	this section shall be retained locally as provided for by local
2769	ordinance and may be set aside in a specific fund to support
2770	future enforcement activities against unlicensed contractors.
2771	(d)  The act for which the citation is issued shall be
2772	ceased upon receipt of the citation; and the person charged with
2773	the violation shall elect either to correct the violation and
2774	pay the civil penalty in the manner indicated on the citation
2775	or, within 10 days of receipt of the citation, exclusive of
2776	weekends and legal holidays, request an administrative hearing
2777	before the enforcement or licensing board or designated special
2778	magistrate to appeal the issuance of the citation by the code
2779	enforcement officer.
2780	1.  Hearings shall be held before an enforcement or
2781	licensing board or designated special magistrate as established
2782	by s. 162.03(2), and such hearings shall be conducted pursuant
2783	to ss. 162.07 and 162.08.
2784	2.  Failure of a violator to appeal the decision of the
2785	code enforcement officer within the time period set forth in
2786	this paragraph shall constitute a waiver of the violator's right
2787	to an administrative hearing.  A waiver of the right to
2788	administrative hearing shall be deemed an admission of the
2789	violation and, penalties may be imposed accordingly.
2790	3.  If the person issued the citation, or his or her
2791	designated representative, shows that the citation is invalid or
2792	that the violation has been corrected prior to appearing before
2793	the enforcement or licensing board or designated special
2794	magistrate, the enforcement or licensing board or designated
2795	special magistrate shall dismiss the citation unless the
2796	violation is irreparable or irreversible.
2797	4.  Each day a willful, knowing violation continues shall
2798	constitute a separate offense under the provisions of this
2799	subsection.
2800	(e)  A person cited for a violation pursuant to this
2801	subsection is deemed to be charged with a noncriminal
2802	infraction.
2803	(f)  If the enforcement or licensing board or designated
2804	special magistrate finds that a violation exists, the
2805	enforcement or licensing board or designated special magistrate
2806	may order the violator to pay a civil penalty of not less than
2807	the amount set forth on the citation but not more than $500 per
2808	day for each violation.  In determining the amount of the
2809	penalty, the enforcement or licensing board or designated
2810	special magistrate shall consider the following factors:
2811	1.  The gravity of the violation.
2812	2.  Any actions taken by the violator to correct the
2813	violation.
2814	3.  Any previous violations committed by the violator.
2815	(g)  Upon written notification by the code enforcement
2816	officer that a violator had not contested the citation or paid
2817	the civil penalty within the timeframe allowed on the citation,
2818	or if a violation has not been corrected within the timeframe
2819	set forth on the notice of violation, the enforcement or
2820	licensing board or the designated special magistrate shall enter
2821	an order ordering the violator to pay the civil penalty set
2822	forth on the citation or notice of violation, and a hearing
2823	shall not be necessary for the issuance of such order.
2824	(h)  A certified copy of an order imposing a civil penalty
2825	against an uncertified contractor may be recorded in the public
2826	records and thereafter shall constitute a lien against any real
2827	or personal property owned by the violator.  Upon petition to
2828	the circuit court, such order may be enforced in the same manner
2829	as a court judgment by the sheriffs of this state, including a
2830	levy against personal property; however, such order shall not be
2831	deemed to be a court judgment except for enforcement purposes.
2832	A civil penalty imposed pursuant to this part shall continue to
2833	accrue until the violator comes into compliance or until
2834	judgment is rendered in a suit to foreclose on a lien filed
2835	pursuant to this section, whichever occurs first.  After 3
2836	months from the filing of any such lien which remains unpaid,
2837	the enforcement or licensing board or designated special
2838	magistrate may authorize the local governing body's attorney to
2839	foreclose on the lien.  No lien created pursuant to the
2840	provisions of this part may be foreclosed on real property which
2841	is a homestead under s. 4, Art. X of the State Constitution.
2842	(i)  This subsection does not authorize or permit a code
2843	enforcement officer to perform any function or duty of a law
2844	enforcement officer other than a function or duty that is
2845	authorized in this subsection.
2846	(j)  An aggrieved party, including the local governing
2847	body, may appeal a final administrative order of an enforcement
2848	or licensing board or designated special magistrate to the
2849	circuit court. Such an appeal shall not be a hearing de novo but
2850	shall be limited to appellate review of the record created
2851	before the enforcement or licensing board or designated special
2852	magistrate.  An appeal shall be filed within 30 days of the
2853	execution of the order to be appealed.
2854	(k)  All notices required by this subsection shall be
2855	provided to the alleged violator by certified mail, return
2856	receipt requested; by hand delivery by the sheriff or other law
2857	enforcement officer or code enforcement officer; by leaving the
2858	notice at the violator's usual place of residence with some
2859	person of his or her family above 15 years of age and informing
2860	such person of the contents of the notice; or by including a
2861	hearing date within the citation.
2862	(l)  For those counties which enact ordinances to implement
2863	this subsection and which have local construction licensing
2864	boards or local government code enforcement boards, the local
2865	construction licensing board or local government code
2866	enforcement board shall be responsible for the administration of
2867	such citation program and training of code enforcement officers.
2868	The local governing body of the county shall enter into
2869	interlocal agreements with any municipalities in the county so
2870	that such municipalities may by ordinance, resolution, policy,
2871	or administrative order, authorize individuals to enforce the
2872	provisions of this section. Such individuals shall be subject to
2873	the requirements of training as specified by the local
2874	construction licensing board.
2875	(m)  Any person who willfully refuses to sign and accept a
2876	citation issued by a code enforcement officer commits a
2877	misdemeanor of the second degree, punishable as provided in s.
2878	775.082 or s. 775.083.
2879	(n)  Nothing contained in this section shall prohibit a
2880	county or municipality from enforcing its codes or ordinances by
2881	any other means.
2882	(o)  Nothing in this subsection shall be construed to
2883	authorize local jurisdictions to exercise disciplinary authority
2884	or procedures established in this subsection against an
2885	individual holding a proper valid certificate issued pursuant to
2886	this part.
2887
2888	Reviser's note.--Section 87, ch. 2004-11, Laws of
2889	Florida, amended portions of subsection (4) without
2890	publishing the introductory paragraph of the
2891	subsection. Absent affirmative evidence of legislative
2892	intent to repeal it, the introductory paragraph of
2893	subsection (4) is reenacted to confirm that the
2894	omission was not intended.
2895
2896	Section 87.  Effective October 1, 2005, paragraph (c) of
2897	subsection (4) of section 497.103, Florida Statutes, as amended
2898	by section 8 of chapter 2004-301, Laws of Florida, is amended to
2899	read:
2900	497.103  Rulemaking authority of board and department.--
2901	(4)  RECOMMENDATIONS BY THE CHIEF FINANCIAL OFFICER.--
2902	(c)  If the Chief Financial Officer makes any
2903	recommendation pursuant to this subsection concerning approval
2904	or denial of an application for license or otherwise under this
2905	chapter, the running of the period under s. 120.60 for approving
2906	or denying a completed application shall be tolled from the date
2907	of the Chief Financial Officer's recommendation is made for the
2908	shorter of 90 days or until the effect of such recommendation is
2909	determined in accordance with paragraph (a).
2910
2911	Reviser's note.--Amended to improve clarity and
2912	correct sentence construction.
2913
2914	Section 88.  Effective October 1, 2005, paragraph (b) of
2915	subsection (6) and subsection (7) of section 497.140, Florida
2916	Statutes, as amended and renumbered from section 497.525,
2917	Florida Statutes, by section 10 of chapter 2004-301, Laws of
2918	Florida, are amended to read:
2919	497.140  Fees.--
2920	(6)
2921	(b)  The board may with the concurrence of the department,
2922	if that portion of the Regulatory Trust Fund held by the
2923	department for implementation of this chapter is not in deficit
2924	and has a reasonable cash balance, earmark $5 of each initial
2925	licensure and each license renewal fee collected under this
2926	chapter and direct the deposit of each such amount into the
2927	separate account required in paragraph (a), to be utilized by
2928	the department for the purposes of combating unlicensed practice
2929	in violation of this chapter. Such earmarked amount may be, as
2930	the board directs, in lieu of or in addition to the special
2931	unlicensed activity fee imposed under paragraph (a). The
2932	earmarking may be imposed and thereafter eliminated from time to
2933	time according to the adequacy of trust funds held for
2934	implementation of this chapter.
2935	(7)  Any fee required to be paid under this chapter, which
2936	was set at a fixed amount as in the 2004 edition of the Florida
2937	Statutes, but as to which this chapter now provides to be a fee
2938	as determined by board rule subject to a cap specified in this
2939	chapter, shall remain at the amount as set in the 2004 edition
2940	of the Florida Statutes unless and until the board shall change
2941	such fee by rule.
2942
2943	Reviser's note.--Amended to improve clarity and
2944	correct sentence construction.
2945
2946	Section 89.  Effective October 1, 2005, subsection (6) of
2947	section 497.150, Florida Statutes, as created by section 20 of
2948	chapter 2004-301, Laws of Florida, is amended to read:
2949	497.150  Compliance examinations of existing licensees.--
2950	(6)  If the department finds any accounts or records
2951	required to be made or maintained by a licensee under this
2952	chapter to be inadequate or inadequately kept or posted, it may
2953	be employ experts to reconstruct, rewrite, post, or balance them
2954	at the expense of the person being examined, provided the person
2955	has failed to maintain, complete, or correct such records or
2956	accounting after the department has given her or him notice and
2957	a reasonable opportunity to do so.
2958
2959	Reviser's note.--Amended to improve clarity and
2960	correct sentence construction.
2961
2962	Section 90.  Effective October 1, 2005, paragraph (b) of
2963	subsection (7) of section 497.152, Florida Statutes, as created
2964	by section 22 of chapter 2004-301, Laws of Florida, is amended
2965	to read:
2966	497.152  Disciplinary grounds.--This section sets forth
2967	conduct which is prohibited and which shall constitute grounds
2968	for denial of any application, imposition of discipline, and
2969	other enforcement action against the licensee or other person
2970	committing such conduct. For purposes of this section, the
2971	requirements of this chapter include the requirements of rules
2972	adopted under authority of this chapter. No subsection heading
2973	in this section shall be interpreted as limiting the
2974	applicability of any paragraph within the subsection.
2975	(7)  RELATIONS WITH OTHER LICENSEES.--
2976	(b)  Making any misleading statements or misrepresentations
2977	as to the financial condition of any person, or which are
2978	falsely and maliciously critical of any person for the purpose
2979	of damaging that person's business regulated under this chapter.
2980
2981	Reviser's note.--Amended to improve clarity and
2982	correct sentence construction.
2983
2984	Section 91.  Effective October 1, 2005, paragraph (b) of
2985	subsection (5) of section 497.153, Florida Statutes, as created
2986	by section 23 of chapter 2004-301, Laws of Florida, is amended
2987	to read:
2988	497.153  Disciplinary procedures and penalties.--
2989	(5)  PENALTIES.--
2990	(b)  In addition to any fine and other sanction imposed,
2991	the board may order the payment by the licensee of the
2992	reasonable costs of the department and the board associated with
2993	investigation and prosecution of the matter, and may order the
2994	licensee to make restitution as directed by board order to
2995	persons harmed by the violation.
2996
2997	Reviser's note.--Amended to improve clarity and
2998	correct sentence construction.
2999
3000	Section 92.  Effective October 1, 2005, subsection (2) of
3001	section 497.160, Florida Statutes, as amended and renumbered
3002	from section 497.437, Florida Statutes, by section 30 of chapter
3003	2004-301, Laws of Florida, is amended to read:
3004	497.160  Receivership proceedings.--
3005	(2)  A receivership under this section may be temporary, or
3006	for the winding up and dissolution of the business, as the
3007	department may request and the court determines to be necessary
3008	or advisable in the circumstances. Venue of receivership
3009	proceedings may be, at the department's election, in Leon
3010	County, or the county where the subject of the receivership is
3011	located. The appointed receiver shall be the department or such
3012	person as the department may nominate and the court shall
3013	approve. The provisions of part I of chapter 631 shall be
3014	applicable to receiverships under this section except to the
3015	extent the court shall determine the application of particular
3016	of such provisions to be impracticable or would produce unfair
3017	results in the circumstances. Expenditures by the department
3018	from its budgeted funds, the Preneed Funeral Contract Consumer
3019	Protection Trust Fund, and other regulatory trust funds derived
3020	from this chapter, for implementation and effectuation of such a
3021	receivership, shall be authorized; any such funds expended shall
3022	be a claim against the estate in the receivership proceedings.
3023
3024	Reviser's note.--Amended to improve clarity and
3025	correct sentence construction.
3026
3027	Section 93.  Effective October 1, 2005, subsection (2) of
3028	section 497.166, Florida Statutes, as created by section 36 of
3029	chapter 2004-301, Laws of Florida, is amended to read:
3030	497.166  Preneed sales.--
3031	(2)  Nothing in parts I, II, III, V, or VI of this chapter
3032	shall be understood to necessarily prohibit any licensee under
3033	this chapter from selling preneed funerals and funeral
3034	merchandise through its agents and employees, so long as such
3035	sales are permitted by part IV of this chapter.
3036
3037	Reviser's note.--Amended to improve clarity and
3038	correct sentence construction.
3039
3040	Section 94.  Effective October 1, 2005, subsections (10)
3041	and (14) of section 497.167, Florida Statutes, as created by
3042	section 37 of chapter 2004-301, Laws of Florida, are amended to
3043	read:
3044	497.167  Administrative matters.--
3045	(10)  The board may establish by rule procedures and
3046	requirements for the appearance before the board of any
3047	applicant or principal of an applicant, to stand for oral
3048	interview by the board at a public meeting of the board, before
3049	an application shall be deemed complete. Such rule may require
3050	such appearance for all or specified categories of applicants
3051	and may provide criteria for determining when such appearance
3052	shall be required.
3053	(14)  The department shall have standing to appear as a
3054	party litigant in any judicial proceeding for the purpose of
3055	enforcing this chapter or for the protection of Florida
3056	residents from the effects of any violation of this chapter.
3057
3058	Reviser's note.--Amended to improve clarity and
3059	correct sentence construction.
3060
3061	Section 95.  Effective October 1, 2005, subsection (2) of
3062	section 497.260, Florida Statutes, as amended and renumbered
3063	from section 497.003, Florida Statutes, by section 42 of chapter
3064	2004-301, Laws of Florida, is amended to read:
3065	497.260  Cemeteries; exemption; investigation and
3066	mediation.--
3067	(2)  Section 497.276(1) as to burial records, and ss.
3068	497.152(1)(d), 497.164, 497.2765 497.310, 497.280, and 497.284
3069	apply to all cemeteries in this state.
3070
3071	Reviser's note.--Amended to conform to the
3072	redesignation of s. 497.310 as s. 497.2765 by the
3073	reviser, effective October 1, 2005, incident to the
3074	reorganization of chapter 497 by ch. 2004-301, Laws of
3075	Florida.
3076
3077	Section 96.  Effective October 1, 2005, subsection (5) of
3078	section 497.369, Florida Statutes, as amended and renumbered
3079	from section 470.007, Florida Statutes, by section 74 of chapter
3080	2004-301, Laws of Florida, is amended to read:
3081	497.369  Embalmers; licensure as an embalmer by
3082	endorsement; licensure of a temporary embalmer.--
3083	(5)  There may be adopted by the licensing authority rules
3084	authorizing an applicant who has met the requirements of
3085	paragraphs (1)(b) and (c) and who is awaiting an opportunity to
3086	take the examination required by subsection (4) to be licensed
3087	as a temporary licensed embalmer. A temporary licensed temporary
3088	embalmer may work as an embalmer in a licensed funeral
3089	establishment under the general supervision of a licensed
3090	embalmer. Such temporary license shall expire 60 days after the
3091	date of the next available examination required under subsection
3092	(4); however, the temporary license may be renewed one time
3093	under the same conditions as initial issuance. The fee for
3094	issuance or renewal of an embalmer temporary license shall be
3095	set by rule of the licensing authority but may not exceed $200.
3096	The fee required in this subsection shall be nonrefundable and
3097	in addition to the fee required in subsection (1).
3098
3099	Reviser's note.--Amended to eliminate redundancy.
3100
3101	Section 97.  Effective October 1, 2005, paragraph (j) of
3102	subsection (1), paragraph (a) of subsection (5), and subsection
3103	(6) of section 497.453, Florida Statutes, as amended and
3104	renumbered from section 497.407, Florida Statutes, by section
3105	102 of chapter 2004-301, Laws of Florida, are amended to read:
3106	497.453  Application for preneed license, procedures and
3107	criteria; renewal; reports.--
3108	(1)  PRENEED LICENSE APPLICATION PROCEDURES.--
3109	(j)  The application shall disclose the existence of all
3110	preneed contracts for service or merchandise entered into by the
3111	applicant, or by any other entity under common control with the
3112	applicant, without or prior to authorization under this section
3113	or predecessors to this section. As to each such contract, the
3114	applicant shall disclose the name and address of the contract
3115	purchaser, the status of the contract, and what steps or
3116	measures the applicant has taken to ensure performance of
3117	unfulfilled contracts, setting forth the treatment and status of
3118	funds received from the customer in regard to the contract, and
3119	stating the name and address of any institution where such funds
3120	are deposited and the number used by the institution to identify
3121	the account. With respect to contracts entered into before
3122	January 1, 1983, an application to issue or renew a preneed
3123	license may not be denied solely on the basis of such
3124	disclosure. The purchaser of any such contract may not be
3125	required to liquidate the account if such account was
3126	established before July 1, 1965. Information disclosed may be
3127	used by the licensing authority to notify the contract purchaser
3128	and the institution in which such funds are deposited should the
3129	holder of a preneed license be unable to fulfill the
3130	requirements of the contract.
3131	(5)  RENEWAL OF LICENSES.--
3132	(a)  A preneed license shall expire annually on June 1,
3133	unless renewed, or at such other time or times as may be
3134	provided by rule. The application for renewal of the license
3135	shall be on forms prescribed by rule and shall be accompanied by
3136	a renewal fee as specified in paragraph (c).
3137	(6)  QUARTERLY PAYMENTS.--In addition to other amounts
3138	required to be paid by this section, each preneed licensee shall
3139	pay to the Regulatory Trust Fund an amount established by rule
3140	not to exceed $10 for each preneed contract entered into. This
3141	amount must be paid within 60 days after the end of each
3142	quarter. These funds must be used to defray the cost of in
3143	administering the provisions of this part.
3144
3145	Reviser's note.--Amended to improve clarity and
3146	correct sentence construction.
3147
3148	Section 98.  Effective October 1, 2005, subsection (8) of
3149	section 497.458, Florida Statutes, as amended and renumbered
3150	from section 497.417, Florida Statutes, by section 107 of
3151	chapter 2004-301, Laws of Florida, is amended to read:
3152	497.458  Disposition of proceeds received on contracts.--
3153	(8)  If in the preneed licensee's opinion it does not have
3154	the ability to select the financial responsibility alternative
3155	of s. 497.461 or s. 497.462, then the preneed licensee license
3156	shall not have the right to sell or solicit preneed contracts.
3157
3158	Reviser's note.--Amended to correct an apparent error
3159	and facilitate correct interpretation.
3160
3161	Section 99.  Effective October 1, 2005, subsection (5) of
3162	section 497.466, Florida Statutes, as amended and renumbered
3163	from section 497.439, Florida Statutes, by section 115 of
3164	chapter 2004-301, Laws of Florida, is amended to read:
3165	497.466  Preneed sales agents, license required;
3166	application procedures and criteria; responsibility of preneed
3167	licensee.--
3168	(5)  SIMPLIFIED PROCEDURES FOR SUBSEQUENT CHANGE OF
3169	SPONSORING LICENSEE.--The board may by rule establish simplified
3170	requirements and procedures under which any preneed sales agent,
3171	who within the 12 months preceding application under this
3172	subsection held in good standing a preneed sales agent license
3173	under this section, may obtain a preneed sales agent's license
3174	under this section to represent a different sponsoring preneed
3175	licensee. The simplified requirements shall dispense with the
3176	requirement for submission of fingerprints. The licensing
3177	authority may by rule prescribe forms to be used by applicants
3178	under this subsection, which forms may dispense with the
3179	requirement for any information not deemed by the licensing
3180	authority to be necessary to tracking the identity identify of
3181	the preneed licensee responsible for the activities of the
3182	preneed sales agent. No preneed sales agent licensee whose sales
3183	agent license issued by the board was revoked or suspended or
3184	otherwise terminated while in other than good standing, shall be
3185	eligible to use the simplified requirements and procedures. The
3186	issuance of a preneed sales agent license under this subsection
3187	shall not operate as a bar to any subsequent disciplinary action
3188	relating to grounds arising prior to obtaining the license under
3189	this subsection. There shall be a fee payable to the department
3190	under such simplified procedures, which fee shall be the same as
3191	the fee paid upon initial application for a preneed sales agent
3192	license, except that no fingerprint fee shall be required if
3193	such fingerprint fee is required for initial applications.
3194
3195	Reviser's note.--Amended to correct an apparent error.
3196
3197	Section 100.  Effective October 1, 2005, subsection (3) of
3198	section 497.550, Florida Statutes, as amended and renumbered
3199	from section 497.361, Florida Statutes, by section 118 of
3200	chapter 2004-301, Laws of Florida, is amended to read:
3201	497.550  Licensure of monument establishments required;
3202	procedures and criteria.--
3203	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
3204	application for licensure as a monument establishment,
3205	accompanied by the required application fee, shall be approved
3206	unless there is shown by clear and convincing evidence that the
3207	applicant will not, before commencing operations, have the
3208	facilities required by this part or that issuance of the license
3209	would pose an unreasonable risk to the public because of one or
3210	more of the following factors:
3211	(a)  The applicant's lack of experience.
3212	(b)  The applicant's lack of financial resources.
3213	(c)  The criminal or disciplinary record of the applicant
3214	or its principals.
3215	(d)  A demonstrated history of violations of the laws of
3216	this state by the applicant or its principals regarding the
3217	funeral or cemetery business or other business activities.
3218	(e)  A demonstrated history of lack of trustworthiness or
3219	integrity on the part of the applicant or its principals.
3220
3221	Reviser's note.--Amended to correct sentence
3222	construction.
3223
3224	Section 101.  Effective October 1, 2005, paragraph (b) of
3225	subsection (3) of section 497.551, Florida Statutes, as created
3226	by section 119 of chapter 2004-301, Laws of Florida, is amended
3227	to read:
3228	497.551  Renewal of monument establishment licensure.--
3229	(3)  A monument establishment licensee which as of 90 days
3230	prior to its monument establishment license renewal date also
3231	holds a preneed sales license issued under this chapter, shall
3232	renew its monument establishment license by payment of a renewal
3233	fee determined by its total gross aggregate at-need and preneed
3234	retail sales for the 12-month period ending 2 full calendar
3235	months prior to the month in which the renewal is required, as
3236	follows:
3237	(b)  Total sales of $50,001 to $250,000, renewal fee
3238	$1,500.
3239
3240	Reviser's note.--Amended to correct an apparent error.
3241
3242	Section 102.  Effective October 1, 2005, subsection (1) of
3243	section 497.603, Florida Statutes, as amended and renumbered
3244	from section 470.018, Florida Statutes, by section 128 of
3245	chapter 2004-301, Laws of Florida, is amended to read:
3246	497.603  Direct disposers, renewal of license.--
3247	(1)  A direct disposer's renewal of license shall be
3248	renewed upon receipt of the renewal application and fee set by
3249	rule of the licensing authority but not to exceed $250.
3250
3251	Reviser's note.--Amended to improve clarity and
3252	correct sentence construction.
3253
3254	Section 103.  Effective October 1, 2005, paragraph (c) of
3255	subsection (2) and subsection (6) of section 497.604, Florida
3256	Statutes, as amended and renumbered from section 470.021,
3257	Florida Statutes, by section 129 of chapter 2004-301, Laws of
3258	Florida, are amended to read:
3259	497.604  Direct disposal establishments, license required;
3260	licensing procedures and criteria; license renewal;
3261	regulation.--
3262	(2)  APPLICATION PROCEDURES.--
3263	(c)  The application shall name the licensed direct
3264	disposer or licensed funeral director who will be acting as a
3265	direct disposer in charge of the direct disposal establishment.
3266	(6)  RENEWAL OF LICENSE.--A direct disposal establishment
3267	license shall be renewed biennially pursuant to schedule, forms,
3268	and procedures and upon payment of a fee of $200. The licensing
3269	authority may from time to time increase the fee by rule but not
3270	to exceed $400.
3271
3272	Reviser's note.--Paragraph (2)(c) is amended to
3273	correct an apparent error. Subsection (6) is amended
3274	to improve clarity and facilitate correct
3275	interpretation.
3276
3277	Section 104.  Effective October 1, 2005, subsection (3) of
3278	section 497.608, Florida Statutes, as created by section 133 of
3279	chapter 2004-301, Laws of Florida, is amended to read:
3280	497.608  Liability for unintentional commingling of the
3281	residue of the cremation process.--
3282	(3)  If an operator follows the procedures set forth in
3283	written procedures filed with and approved by the licensing
3284	authority, or adopts and follows the standard uniform procedures
3285	adopted by the licensing authority, the operator shall not be
3286	liable for the unintentional or the incidental commingling of
3287	cremated remains resulting from more than one cremation cycle or
3288	from postcremation processing, shipping, packing, or identifying
3289	those remains.
3290
3291	Reviser's note.--Amended to improve clarity and
3292	correct sentence construction and to correct an
3293	apparent error.
3294
3295	Section 105.  Subsection (12) of section 550.0251, Florida
3296	Statutes, is amended to read:
3297	550.0251  The powers and duties of the Division of Pari-
3298	mutuel Wagering of the Department of Business and Professional
3299	Regulation.--The division shall administer this chapter and
3300	regulate the pari-mutuel industry under this chapter and the
3301	rules adopted pursuant thereto, and:
3302	(12)  The division shall have full authority and power to
3303	make, adopt, amend, or repeal rules relating to cardroom
3304	operations, to enforce and to carry out the provisions of s.
3305	849.086, and to regulate the authorized cardroom activities in
3306	the state.  The division is authorized to adopt emergency rules
3307	prior to January 1, 1997, to implement the provisions of s.
3308	849.086.
3309
3310	Reviser's note.--Amended to delete a provision that
3311	has served its purpose.
3312
3313	Section 106.  Subsection (19) of section 553.791, Florida
3314	Statutes, is repealed.
3315
3316	Reviser's note.--Repealed to delete obsolete language
3317	requiring a report to the Legislature on or before
3318	January 1, 2004.
3319
3320	Section 107.  Subsection (1) of section 553.8413, Florida
3321	Statutes, is amended to read:
3322	553.8413  Education Technical Advisory
3323	Committee.--Effective upon this act becoming a law, funds that
3324	are available under ss. 489.109(3) and 489.509(3) shall be
3325	allocated and expended by the Florida Building Commission as
3326	provided in this section.
3327	(1)  Effective upon this act becoming a law, the Florida
3328	Building Commission shall appoint those members of the Building
3329	Construction Industry Advisory Committee on October 1, 2001, as
3330	established by rule 6A-10.029, Florida Administrative Code, to
3331	the Education Technical Advisory Committee of the Florida
3332	Building Commission to complete their terms of office. Members
3333	of the Florida Building Commission shall also be appointed to
3334	the Education Technical Advisory Committee. The members of the
3335	committee shall broadly represent the building construction
3336	industry and must consist of no fewer than 10 persons. The
3337	chairperson of the Florida Building Commission shall annually
3338	designate the chairperson of the committee. The terms of the
3339	committee members shall be 2 years each, and members may be
3340	reappointed at the discretion of the Florida Building
3341	Commission.
3342
3343	Reviser's note.--Amended to delete an obsolete
3344	provision. The terms of office of the members of the
3345	Building Construction Industry Advisory Committee on
3346	October 1, 2001, as appointed to the Education
3347	Technical Advisory Committee of the Florida Building
3348	Commission have been completed.
3349
3350	Section 108.  Subsection (4) of section 556.112, Florida
3351	Statutes, is repealed.
3352
3353	Reviser's note.--Repealed to delete obsolete language
3354	requiring a report to the Legislature before January
3355	1, 2004.
3356
3357	Section 109.  Subsection (2) of section 558.002, Florida
3358	Statutes, is amended to read:
3359	558.002  Definitions.--As used in this chapter, the term:
3360	(2)  "Association" has the same meaning as in s.
3361	718.103(2), s. 719.103(2), s. 720.301(9), or s. 723.075 723.025.
3362
3363	Reviser's note.--Amended to conform to context.
3364	Section 723.075 relates to the meaning of the term
3365	"association" in regard to homeowners' associations
3366	for mobile home parks. Section 723.025 relates to a
3367	park owner's access to mobile homes and lots.
3368
3369	Section 110.  Paragraph (a) of subsection (12) of section
3370	558.004, Florida Statutes, is amended to read:
3371	558.004  Notice and opportunity to repair.--
3372	(12)  This chapter does not:
3373	(a)  Bar or limit any rights, including the right of
3374	specific performance to the extent such right would be available
3375	in the absence of this chapter act, any causes of action, or any
3376	theories on which liability may be based, except as specifically
3377	provided in this chapter;
3378
3379	Reviser's note.--Amended to improve clarity. Chapter
3380	2004-342, Laws of Florida, changed all other
3381	references to "act" in this section to "chapter."
3382
3383	Section 111.  Subsection (2) of section 560.408, Florida
3384	Statutes, is repealed.
3385
3386	Reviser's note.--Repealed to delete obsolete language
3387	requiring a report to the President of the Senate and
3388	the Speaker of the House of Representatives on January
3389	1, 2004.
3390
3391	Section 112.  Section 570.235, Florida Statutes, is
3392	repealed.
3393
3394	Reviser's note.--This section created a Pest Exclusion
3395	Advisory Committee which was to conclude its findings
3396	and issue a report by January 1, 2001.
3397
3398	Section 113.  Subsection (14) of section 570.71, Florida
3399	Statutes, is repealed, and subsection (2) of that section is
3400	amended to read:
3401	570.71  Conservation easements and agreements.--
3402	(2)  To achieve the purposes of this act, beginning no
3403	sooner than July 1, 2002, and every year thereafter, the
3404	department may accept applications for project proposals that:
3405	(a)  Purchase conservation easements, as defined in s.
3406	704.06.
3407	(b)  Purchase rural-lands-protection easements pursuant to
3408	this act.
3409	(c)  Fund resource conservation agreements pursuant to this
3410	act.
3411	(d)  Fund agricultural protection agreements pursuant to
3412	this act.
3413
3414	No funds may be expended to implement this subsection prior to
3415	July 1, 2002.
3416
3417	Reviser's note.--Subsection (2) is amended to delete
3418	obsolete language. Subsection (14) is repealed to
3419	delete obsolete language requiring a report to the
3420	Governor, the President of the Senate, and the Speaker
3421	of the House of Representatives by December 31, 2001.
3422
3423	Section 114.  Subsection (3) of section 581.131, Florida
3424	Statutes, is amended to read:
3425	581.131  Certificate of registration.--
3426	(3)  Before any nurseryman, stock dealer, agent, or plant
3427	broker advertises nursery stock for sale, a copy of the
3428	certificate of registration must be provided to the publisher of
3429	the advertisement.  The registration number issued by the
3430	department and printed on the certificate of registration must
3431	be included in the advertisement.  Registration numbers printed
3432	in the advertisements must be legible.  Any advertisement for
3433	the sale of nursery stock in print prior to July 1, 1995, shall
3434	be exempt from the requirements of this subsection.
3435
3436	Reviser's note.--Amended to delete obsolete language
3437	relating to advertisements in print prior to July 1,
3438	1995.
3439
3440	Section 115.  Subsections (1) and (3) of section 620.9901,
3441	Florida Statutes, are repealed.
3442
3443	Reviser's note.--Subsection (1) is repealed to delete
3444	obsolete language applying the Revised Uniform
3445	Partnership Act of 1995 to specified partnerships
3446	between January 1, 1996, and January 1, 1998.
3447	Subsection (3) provides for voluntary application of
3448	the act between January 1, 1996, and January 1, 1998.
3449
3450	Section 116.  Subsection (5) of section 624.426, Florida
3451	Statutes, is amended to read:
3452	624.426  Exceptions to countersignature law.--Section
3453	624.425 does not apply to:
3454	(5)  Policies of insurance issued by insurers whose agents
3455	represent, as to property, casualty, and surety insurance, only
3456	one company or group of companies under common ownership and for
3457	which the application has been lawfully submitted to the
3458	insurer.
3459
3460	Reviser's note.--Amended to improve clarity.
3461
3462	Section 117.  Subsection (1) of section 626.112, Florida
3463	Statutes, is reenacted to read:
3464	626.112  License and appointment required; agents, customer
3465	representatives, adjusters, insurance agencies, service
3466	representatives, managing general agents.--
3467	(1)(a)  No person may be, act as, or advertise or hold
3468	himself or herself out to be an insurance agent, insurance
3469	adjuster, or customer representative unless he or she is
3470	currently licensed by the department and appointed by an
3471	appropriate appointing entity or person.
3472	(b)  Except as provided in subsection (6) or in applicable
3473	department rules, and in addition to other conduct described in
3474	this chapter with respect to particular types of agents, a
3475	license as an insurance agent, service representative, customer
3476	representative, or limited customer representative is required
3477	in order to engage in the solicitation of insurance. For
3478	purposes of this requirement, as applicable to any of the
3479	license types described in this section, the solicitation of
3480	insurance is the attempt to persuade any person to purchase an
3481	insurance product by:
3482	1.  Describing the benefits or terms of insurance coverage,
3483	including premiums or rates of return;
3484	2.  Distributing an invitation to contract to prospective
3485	purchasers;
3486	3.  Making general or specific recommendations as to
3487	insurance products;
3488	4.  Completing orders or applications for insurance
3489	products; or
3490	5.  Comparing insurance products, advising as to insurance
3491	matters, or interpreting policies or coverages.
3492
3493	However, an employee leasing company licensed pursuant to
3494	chapter 468 which is seeking to enter into a contract with an
3495	employer that identifies products and services offered to
3496	employees may deliver proposals for the purchase of employee
3497	leasing services to prospective clients of the employee leasing
3498	company setting forth the terms and conditions of doing
3499	business; classify employees as permitted by s. 468.529; collect
3500	information from prospective clients and other sources as
3501	necessary to perform due diligence on the prospective client and
3502	to prepare a proposal for services; provide and receive
3503	enrollment forms, plans, and other documents; and discuss or
3504	explain in general terms the conditions, limitations, options,
3505	or exclusions of insurance benefit plans available to the client
3506	or employees of the employee leasing company were the client to
3507	contract with the employee leasing company. Any advertising
3508	materials or other documents describing specific insurance
3509	coverages must identify and be from a licensed insurer or its
3510	licensed agent or a licensed and appointed agent employed by the
3511	employee leasing company. The employee leasing company may not
3512	advise or inform the prospective business client or individual
3513	employees of specific coverage provisions, exclusions, or
3514	limitations of particular plans. As to clients for which the
3515	employee leasing company is providing services pursuant to s.
3516	468.525(4), the employee leasing company may engage in
3517	activities permitted by ss. 626.7315, 626.7845, and 626.8305,
3518	subject to the restrictions specified in those sections. If a
3519	prospective client requests more specific information concerning
3520	the insurance provided by the employee leasing company, the
3521	employee leasing company must refer the prospective business
3522	client to the insurer or its licensed agent or to a licensed and
3523	appointed agent employed by the employee leasing company.
3524
3525	Reviser's note.--Section 20, ch. 2004-390, Laws of
3526	Florida, amended paragraph (1)(a) without publishing
3527	the flush left language at the end of the subsection.
3528	Absent affirmative evidence of legislative intent to
3529	repeal the flush left language at the end of the
3530	subsection, subsection (1) is reenacted to confirm
3531	that the omission was not intended.
3532
3533	Section 118.  Subsection (1) of section 626.641, Florida
3534	Statutes, is amended to read:
3535	626.641  Duration of suspension or revocation.--
3536	(1)  The department shall, in its order suspending a
3537	license or appointment or in its order suspending the
3538	eligibility of a person to hold or apply for such license or
3539	appointment, specify the period during which the suspension is
3540	to be in effect; but such period shall not exceed 2 years. The
3541	license, appointment, or eligibility shall remain suspended
3542	during the period so specified, subject, however, to any
3543	rescission or modification of the order by the department, or
3544	modification or reversal thereof by the court, prior to
3545	expiration of the suspension period. A license, appointment, or
3546	eligibility which has been suspended shall not be reinstated
3547	except upon request for such reinstatement and, in the case of a
3548	second suspension, completion of continuing education courses
3549	prescribed and approved by the department or office; but the
3550	department shall not grant such reinstatement if it finds that
3551	the circumstance or circumstances for which the license,
3552	appointment, or eligibility was suspended still exist or are
3553	likely to recur.
3554
3555	Reviser's note.--Amended to delete the words "or
3556	office" as added by s. 44, ch. 2004-374, Laws of
3557	Florida. Section 48, ch. 2004-390, Laws of Florida,
3558	deleted all other references to "office" to make
3559	provision for the Department of Financial Services to
3560	regulate insurance adjusters rather than the Office of
3561	Insurance Regulation.
3562
3563	Section 119.  Section 627.6685, Florida Statutes, is
3564	repealed.
3565
3566	Reviser's note.--This section, which relates to mental
3567	health coverage, does not apply to benefits for
3568	services furnished on or after September 30, 2001.
3569
3570	Section 120.  Paragraph (a) of subsection (9) of section
3571	627.6699, Florida Statutes, is amended to read:
3572	627.6699  Employee Health Care Access Act.--
3573	(9)  SMALL EMPLOYER CARRIER'S ELECTION TO BECOME A
3574	RISK-ASSUMING CARRIER OR A REINSURING CARRIER.--
3575	(a)  A small employer carrier must elect to become either a
3576	risk-assuming carrier or a reinsuring carrier. Each small
3577	employer carrier must make an initial election, binding through
3578	January 1, 1994.  The carrier's initial election must be made no
3579	later than October 31, 1992.  By October 31, 1993, all small
3580	employer carriers must file a final election, which is binding
3581	for 2 years, from January 1, 1994, through December 31, 1995,
3582	after which an election shall be binding for a period of 5
3583	years.  Any carrier that is not a small employer carrier on
3584	October 31, 1992, and intends to become a small employer carrier
3585	after October 31, 1992, must file its designation when it files
3586	the forms and rates it intends to use for small employer group
3587	health insurance; such designation shall be binding for 2 years
3588	after the date of approval of the forms and rates, and any
3589	subsequent designation is binding for 5 years.  The office may
3590	permit a carrier to modify its election at any time for good
3591	cause shown, after a hearing.
3592
3593	Reviser's note.--Amended to delete obsolete language
3594	relating to small employer carriers' initial elections
3595	by specified dates.
3596
3597	Section 121.  Subparagraph 5. of paragraph (b) of
3598	subsection (5) of section 627.736, Florida Statutes, is amended
3599	to read:
3600	627.736  Required personal injury protection benefits;
3601	exclusions; priority; claims.--
3602	(5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--
3603	(b)
3604	5.  Effective upon this act becoming a law and before
3605	November 1, 2001, allowable amounts that may be charged to a
3606	personal injury protection insurance insurer and insured for
3607	magnetic resonance imaging services shall not exceed 200 percent
3608	of the allowable amount under Medicare Part B for year 2001, for
3609	the area in which the treatment was rendered. Beginning November
3610	1, 2001, Allowable amounts that may be charged to a personal
3611	injury protection insurance insurer and insured for magnetic
3612	resonance imaging services shall not exceed 175 percent of the
3613	allowable amount under the participating physician fee schedule
3614	of Medicare Part B for year 2001, for the area in which the
3615	treatment was rendered, adjusted annually on August 1 to reflect
3616	the prior calendar year's changes in the annual Medical Care
3617	Item of the Consumer Price Index for All Urban Consumers in the
3618	South Region as determined by the Bureau of Labor Statistics of
3619	the United States Department of Labor for the 12-month period
3620	ending June 30 of that year, except that allowable amounts that
3621	may be charged to a personal injury protection insurance insurer
3622	and insured for magnetic resonance imaging services provided in
3623	facilities accredited by the Accreditation Association for
3624	Ambulatory Health Care, the American College of Radiology, or
3625	the Joint Commission on Accreditation of Healthcare
3626	Organizations shall not exceed 200 percent of the allowable
3627	amount under the participating physician fee schedule of
3628	Medicare Part B for year 2001, for the area in which the
3629	treatment was rendered, adjusted annually on August 1 to reflect
3630	the prior calendar year's changes in the annual Medical Care
3631	Item of the Consumer Price Index for All Urban Consumers in the
3632	South Region as determined by the Bureau of Labor Statistics of
3633	the United States Department of Labor for the 12-month period
3634	ending June 30 of that year. This paragraph does not apply to
3635	charges for magnetic resonance imaging services and nerve
3636	conduction testing for inpatients and emergency services and
3637	care as defined in chapter 395 rendered by facilities licensed
3638	under chapter 395.
3639
3640	Reviser's note.--Amended to delete an obsolete
3641	provision limiting charges to personal injury insurers
3642	and insureds for magnetic resonance imaging to 200
3643	percent of the allowable amount under Medicare Part B
3644	until November 1, 2001.
3645
3646	Section 122.  Subsection (4) of section 628.909, Florida
3647	Statutes, is repealed, and subsection (1) of that section is
3648	amended to read:
3649	628.909  Applicability of other laws.--
3650	(1)  The Florida Insurance Code shall not apply to captive
3651	insurers or industrial insured captive insurers except as
3652	provided in this part and subsections (2) and, (3), and (4).
3653
3654	Reviser's note.--Subsection (1) is amended to delete a
3655	reference to subsection (4), which is repealed.
3656	Subsection (4) relates to an exemption from s.
3657	624.404(8), which was repealed by s. 14, ch. 91-108,
3658	Laws of Florida.
3659
3660	Section 123.  Paragraph (c) of subsection (3) of section
3661	633.0215, Florida Statutes, is repealed.
3662
3663	Reviser's note.--Repealed to delete a provision that
3664	has served its purpose. The provision allowed locally
3665	adopted fire code requirements to be deemed local
3666	variations of the Florida Fire Prevention Code until
3667	adoption of a statewide firesafety code or rescission
3668	of the requirements, such action taking place no later
3669	than January 1, 2002. The State Fire Marshal has
3670	adopted a statewide firesafety code.
3671
3672	Section 124.  Subsection (2) of section 636.240, Florida
3673	Statutes, is amended to read:
3674	636.240  Injunctions.--
3675	(2)  The venue for any proceeding brought bought pursuant
3676	to this section shall be in the Circuit Court of Leon County.
3677
3678	Reviser's note.--Amended to improve clarity and
3679	facilitate correct interpretation.
3680
3681	Section 125.  Subsection (10) of section 641.51, Florida
3682	Statutes, is amended to read:
3683	641.51  Quality assurance program; second medical opinion
3684	requirement.--
3685	(10)  Each organization shall adopt recommendations for
3686	preventive pediatric health care which are consistent with the
3687	requirements for health checkups for children developed for the
3688	Medicaid program.  Each organization shall establish goals to
3689	achieve 80-percent compliance by July 1, 1998, and 90-percent
3690	compliance by July 1, 1999, for their enrolled pediatric
3691	population.
3692
3693	Reviser's note.--Amended to delete obsolete language
3694	relating to organizational compliance by July 1, 1998.
3695
3696	Section 126.  Subsection (2) of section 648.50, Florida
3697	Statutes, is amended to read:
3698	648.50  Effect of suspension, revocation upon associated
3699	licenses and licensees.--
3700	(2)  In case of the suspension or revocation of the license
3701	or appointment, or the eligibility to hold a license or
3702	appointment, of any bail bond agent, the license, appointment,
3703	or eligibility of any and all bail bond agents who are members
3704	of a bail bond agency, whether incorporated or unincorporated,
3705	and any and all temporary bail bond agents or runners employed
3706	by such bail bond agency, who knowingly are parties to the act
3707	which formed the ground for the suspension or revocation may
3708	likewise be suspended or revoked.
3709
3710	Reviser's note.--Amended to delete an obsolete
3711	reference. All other references to "runners" were
3712	deleted from this section by s. 80, ch. 2003-267, Laws
3713	of Florida, and s. 71, ch. 2003-281, Laws of Florida.
3714
3715	Section 127.  Paragraph (e) of subsection (1) of section
3716	650.05, Florida Statutes, is amended to read:
3717	650.05  Plans for coverage of employees of political
3718	subdivisions.--
3719	(1)  Each political subdivision of the state is authorized
3720	to submit for approval by the state agency a plan for extending
3721	the benefits of Title II of the Social Security Act, in
3722	conformity with the applicable provisions of such act, to
3723	employees of such political subdivisions. Each such plan and any
3724	amendment thereof shall be approved by the state agency if it is
3725	found that such plan, or such plan as amended, is in conformity
3726	with such requirements as are provided in regulations of the
3727	state agency, except that no such plan shall be approved unless:
3728	(e)  It provides that the political subdivision will make
3729	such reports, in such form and containing such information, as
3730	the state agency may from time to time require, and comply with
3731	such provisions as the state agency or the Secretary of Health
3732	and Human Services Health, Education, and Welfare may from time
3733	to time find necessary to assure the correctness and
3734	verification of such reports; and
3735
3736	Reviser's note.--Amended to conform to the transfer of
3737	the duties of the former Secretary of Health,
3738	Education, and Welfare concerning Social Security to
3739	the Secretary of Health and Human Services by Pub. L.
3740	No. 96-88.
3741
3742	Section 128.  Subparagraph 6. of paragraph (a) of
3743	subsection (2) of section 655.948, Florida Statutes, is
3744	repealed.
3745
3746	Reviser's note.--Subparagraph (2)(a)6., which relates
3747	to the failure to meet the minimum daily liquidity
3748	required of s. 658.68, is repealed. Section 658.68 was
3749	repealed by s. 25, ch. 2004-340, Laws of Florida, and
3750	s. 108, ch. 2004-390, Laws of Florida.
3751
3752	Section 129.  Subsection (2) of section 658.60, Florida
3753	Statutes, is amended to read:
3754	658.60  Depositories of public moneys and pledge of
3755	assets.--
3756	(2)  Notwithstanding any other provision of this section or
3757	the provisions of any other law requiring security for deposits
3758	of funds in the form of surety bond, in the form of the deposit
3759	or pledge of securities, or in any other form, security for such
3760	deposits shall not be required to the extent that such deposits
3761	are insured under the provisions of the Federal Deposit
3762	Insurance Act, as now or hereafter amended. Recognition is
3763	accorded to the custom and usage, and its practicality, of the
3764	deposit or pledge of securities by banks, as security for
3765	deposits, in an aggregate amount which, because of the
3766	fluctuation from time to time of the aggregate amount of the
3767	deposits secured thereby, may at times be in an amount in excess
3768	of the required amount of such security without withdrawing and
3769	redepositing securities with each decrease and increase of the
3770	aggregate amount of deposits secured thereby.  In order to
3771	effectuate the provisions of the first sentence of this
3772	subsection, and in recognition of the availability of such
3773	excess securities for inclusion in the liquidity of state banks
3774	as provided in s. 658.68, whenever the amount of securities
3775	deposited or pledged exceeds the amount required for the
3776	deposits secured thereby, securities in an amount equal to such
3777	excess shall, for all purposes and laws, while such excess
3778	exists be, and be treated as, freed and discharged from such
3779	deposit and pledge even though not physically withdrawn or
3780	removed from such deposit or pledge, and, in determining the
3781	securities which are so freed and discharged, those securities
3782	which are eligible for inclusion in a state bank's liquidity as
3783	provided in s. 658.68 shall first be included in such
3784	determination. However, such excess securities which are not
3785	physically withdrawn or removed from deposit or from the pledge
3786	thereof shall immediately and automatically, for all purposes
3787	and laws, be, and be treated as, redeposited and repledged at
3788	such time or times as, and to the extent that, there is an
3789	increase in the amount of security required for funds deposited
3790	with the bank, and, in determining the securities which are so
3791	automatically and immediately redeposited and repledged, there
3792	shall first be included those securities which are not eligible
3793	for the aforesaid liquidity under s. 658.68.
3794
3795	Reviser's note.--Amended to conform to the repeal of
3796	s. 658.68 by s. 25, ch. 2004-340, Laws of Florida, and
3797	s. 108, ch. 2004-390, Laws of Florida.
3798
3799	Section 130.  Subsection (1) of section 663.02, Florida
3800	Statutes, is amended to read:
3801	663.02  Applicability of state banking laws.--
3802	(1)  International banking corporations having offices in
3803	this state shall be subject to all the provisions of the
3804	financial institutions codes and chapter 655 as though such
3805	international banking corporations were state banks, except
3806	where it may appear, from the context or otherwise, that such
3807	provisions are clearly applicable only to banks or trust
3808	companies organized under the laws of this state or the United
3809	States. Without limiting the foregoing general provisions, it is
3810	the intent of the Legislature that the following provisions
3811	shall be applicable to such banks or corporations: s. 655.031,
3812	relating to administrative enforcement guidelines; s. 655.032,
3813	relating to investigations, subpoenas, hearings, and witnesses;
3814	s. 655.0321, relating to hearings, proceedings, and related
3815	documents and restricted access thereto; s. 655.033, relating to
3816	cease and desist orders; s. 655.037, relating to removal by the
3817	office of an officer, director, committee member, employee, or
3818	other person; s. 655.041, relating to administrative fines and
3819	enforcement; and s. 658.49, relating to loans by banks not
3820	exceeding $50,000. International banking corporations shall not
3821	have the powers conferred on domestic banks by the provisions of
3822	s. 658.60, relating to deposits of public funds. International
3823	banking corporations shall not be subject to the provisions of
3824	s. 658.68, relating to liquidity.  The provisions of chapter
3825	687, relating to interest and usury, shall apply to all loans
3826	not subject to s. 658.49.
3827
3828	Reviser's note.--Amended to conform to the repeal of
3829	s. 658.68 by s. 25, ch. 2004-340, Laws of Florida, and
3830	s. 108, ch. 2004-390, Laws of Florida.
3831
3832	Section 131.  Subsection (3) of section 663.318, Florida
3833	Statutes, is repealed.
3834
3835	Reviser's note.--Subsection (3), which subjects an
3836	international development bank organized under chapter
3837	607 as a corporation for profit to s. 658.68, is
3838	repealed. Section 658.68 was repealed by s. 25, ch.
3839	2004-340, Laws of Florida, and s. 108, ch. 2004-390,
3840	Laws of Florida.
3841
3842	Section 132.  Subsection (4) of section 668.602, Florida
3843	Statutes, is amended to read:
3844	668.602  Definitions.--As used in this part, the term:
3845	(4)  "Computer virus" means a computer program that is
3846	designed to replicate itself or affect another program or file
3847	in the computer by attaching a copy of the program or other set
3848	of instructions to one or more computer programs or files
3849	without the consent of the owner or lawful user. The term
3850	includes, but is not limited to, programs that are designed to
3851	contaminate other computer programs; compromise computer
3852	security; consume consumer computer resources; modify, destroy,
3853	record, or transmit data; or disrupt the normal operation of the
3854	computer, computer system, or computer network. The term also
3855	includes, but is not limited to, programs that are designed to
3856	use a computer without the knowledge and consent of the owner or
3857	authorized user and to send large quantities of data to a
3858	targeted computer network without the consent of the network for
3859	the purpose of degrading the targeted computer's or network's
3860	performance or for the purpose of denying access through the
3861	network to the targeted computer or network.
3862
3863	Reviser's note.--Amended to improve clarity.
3864
3865	Section 133.  Subsection (1) of section 717.1400, Florida
3866	Statutes, is amended to read:
3867	717.1400  Registration.--
3868	(1)  In order to file claims as a claimant's
3869	representative, acquire ownership of or entitlement to unclaimed
3870	property, receive a distribution of fees and costs from the
3871	department, and obtain unclaimed property dollar amounts, the
3872	number of reported shares of stock, and the last four digits of
3873	social security numbers held by the department, a private
3874	investigator holding a Class "C" individual license under
3875	chapter 493 must register with the department on such form as
3876	the department shall prescribe by rule, and must be verified by
3877	the applicant. To register with the department, a private
3878	investigator must provide:
3879	(a)  A legible copy of the applicant's Class "A" business
3880	license under chapter 493 or that of the applicant's employer
3881	which holds a Class "A" business license under chapter 493.
3882	(b)  A legible copy of the applicant's Class "C" individual
3883	license issued under chapter 493.
3884	(c)  The applicant's business address and telephone number.
3885	(d)  The names of agents or employees, if any, who are
3886	designated to act on behalf of the private investigator,
3887	together with a legible copy of their photo identification
3888	issued by an agency of the United States, or a state, or a
3889	political subdivision thereof.
3890	(e)  Sufficient information to enable the department to
3891	disburse funds by electronic funds transfer.
3892	(f)  The tax identification number of the private
3893	investigator's employer which holds a Class "A" business license
3894	under chapter 493.
3895
3896	Reviser's note.--Amended to improve clarity.
3897
3898	Section 134.  Paragraph (d) of subsection (2) of section
3899	718.112, Florida Statutes, is reenacted to read:
3900	718.112  Bylaws.--
3901	(2)  REQUIRED PROVISIONS.--The bylaws shall provide for the
3902	following and, if they do not do so, shall be deemed to include
3903	the following:
3904	(d)  Unit owner meetings.--
3905	1.  There shall be an annual meeting of the unit owners.
3906	Unless the bylaws provide otherwise, a vacancy on the board
3907	caused by the expiration of a director's term shall be filled by
3908	electing a new board member, and the election shall be by secret
3909	ballot; however, if the number of vacancies equals or exceeds
3910	the number of candidates, no election is required. If there is
3911	no provision in the bylaws for terms of the members of the
3912	board, the terms of all members of the board shall expire upon
3913	the election of their successors at the annual meeting. Any unit
3914	owner desiring to be a candidate for board membership shall
3915	comply with subparagraph 3. A person who has been convicted of
3916	any felony by any court of record in the United States and who
3917	has not had his or her right to vote restored pursuant to law in
3918	the jurisdiction of his or her residence is not eligible for
3919	board membership. The validity of an action by the board is not
3920	affected if it is later determined that a member of the board is
3921	ineligible for board membership due to having been convicted of
3922	a felony.
3923	2.  The bylaws shall provide the method of calling meetings
3924	of unit owners, including annual meetings. Written notice, which
3925	notice must include an agenda, shall be mailed, hand delivered,
3926	or electronically transmitted to each unit owner at least 14
3927	days prior to the annual meeting and shall be posted in a
3928	conspicuous place on the condominium property at least 14
3929	continuous days preceding the annual meeting. Upon notice to the
3930	unit owners, the board shall by duly adopted rule designate a
3931	specific location on the condominium property or association
3932	property upon which all notices of unit owner meetings shall be
3933	posted; however, if there is no condominium property or
3934	association property upon which notices can be posted, this
3935	requirement does not apply. In lieu of or in addition to the
3936	physical posting of notice of any meeting of the unit owners on
3937	the condominium property, the association may, by reasonable
3938	rule, adopt a procedure for conspicuously posting and repeatedly
3939	broadcasting the notice and the agenda on a closed-circuit cable
3940	television system serving the condominium association. However,
3941	if broadcast notice is used in lieu of a notice posted
3942	physically on the condominium property, the notice and agenda
3943	must be broadcast at least four times every broadcast hour of
3944	each day that a posted notice is otherwise required under this
3945	section. When broadcast notice is provided, the notice and
3946	agenda must be broadcast in a manner and for a sufficient
3947	continuous length of time so as to allow an average reader to
3948	observe the notice and read and comprehend the entire content of
3949	the notice and the agenda. Unless a unit owner waives in writing
3950	the right to receive notice of the annual meeting, such notice
3951	shall be hand delivered, mailed, or electronically transmitted
3952	to each unit owner. Notice for meetings and notice for all other
3953	purposes shall be mailed to each unit owner at the address last
3954	furnished to the association by the unit owner, or hand
3955	delivered to each unit owner. However, if a unit is owned by
3956	more than one person, the association shall provide notice, for
3957	meetings and all other purposes, to that one address which the
3958	developer initially identifies for that purpose and thereafter
3959	as one or more of the owners of the unit shall so advise the
3960	association in writing, or if no address is given or the owners
3961	of the unit do not agree, to the address provided on the deed of
3962	record. An officer of the association, or the manager or other
3963	person providing notice of the association meeting, shall
3964	provide an affidavit or United States Postal Service certificate
3965	of mailing, to be included in the official records of the
3966	association affirming that the notice was mailed or hand
3967	delivered, in accordance with this provision.
3968	3.  The members of the board shall be elected by written
3969	ballot or voting machine. Proxies shall in no event be used in
3970	electing the board, either in general elections or elections to
3971	fill vacancies caused by recall, resignation, or otherwise,
3972	unless otherwise provided in this chapter. Not less than 60 days
3973	before a scheduled election, the association shall mail,
3974	deliver, or electronically transmit, whether by separate
3975	association mailing or included in another association mailing,
3976	delivery, or transmission, including regularly published
3977	newsletters, to each unit owner entitled to a vote, a first
3978	notice of the date of the election. Any unit owner or other
3979	eligible person desiring to be a candidate for the board must
3980	give written notice to the association not less than 40 days
3981	before a scheduled election. Together with the written notice
3982	and agenda as set forth in subparagraph 2., the association
3983	shall mail, deliver, or electronically transmit a second notice
3984	of the election to all unit owners entitled to vote therein,
3985	together with a ballot which shall list all candidates. Upon
3986	request of a candidate, the association shall include an
3987	information sheet, no larger than 8 1/2 inches by 11 inches,
3988	which must be furnished by the candidate not less than 35 days
3989	before the election, to be included with the mailing, delivery,
3990	or transmission of the ballot, with the costs of mailing,
3991	delivery, or electronic transmission and copying to be borne by
3992	the association. The association is not liable for the contents
3993	of the information sheets prepared by the candidates.  In order
3994	to reduce costs, the association may print or duplicate the
3995	information sheets on both sides of the paper. The division
3996	shall by rule establish voting procedures consistent with the
3997	provisions contained herein, including rules establishing
3998	procedures for giving notice by electronic transmission and
3999	rules providing for the secrecy of ballots.  Elections shall be
4000	decided by a plurality of those ballots cast. There shall be no
4001	quorum requirement; however, at least 20 percent of the eligible
4002	voters must cast a ballot in order to have a valid election of
4003	members of the board. No unit owner shall permit any other
4004	person to vote his or her ballot, and any such ballots
4005	improperly cast shall be deemed invalid, provided any unit owner
4006	who violates this provision may be fined by the association in
4007	accordance with s. 718.303. A unit owner who needs assistance in
4008	casting the ballot for the reasons stated in s. 101.051 may
4009	obtain assistance in casting the ballot. The regular election
4010	shall occur on the date of the annual meeting. The provisions of
4011	this subparagraph shall not apply to timeshare condominium
4012	associations. Notwithstanding the provisions of this
4013	subparagraph, an election is not required unless more candidates
4014	file notices of intent to run or are nominated than board
4015	vacancies exist.
4016	4.  Any approval by unit owners called for by this chapter
4017	or the applicable declaration or bylaws, including, but not
4018	limited to, the approval requirement in s. 718.111(8), shall be
4019	made at a duly noticed meeting of unit owners and shall be
4020	subject to all requirements of this chapter or the applicable
4021	condominium documents relating to unit owner decisionmaking,
4022	except that unit owners may take action by written agreement,
4023	without meetings, on matters for which action by written
4024	agreement without meetings is expressly allowed by the
4025	applicable bylaws or declaration or any statute that provides
4026	for such action.
4027	5.  Unit owners may waive notice of specific meetings if
4028	allowed by the applicable bylaws or declaration or any statute.
4029	If authorized by the bylaws, notice of meetings of the board of
4030	administration, unit owner meetings, except unit owner meetings
4031	called to recall board members under paragraph (j), and
4032	committee meetings may be given by electronic transmission to
4033	unit owners who consent to receive notice by electronic
4034	transmission.
4035	6.  Unit owners shall have the right to participate in
4036	meetings of unit owners with reference to all designated agenda
4037	items. However, the association may adopt reasonable rules
4038	governing the frequency, duration, and manner of unit owner
4039	participation.
4040	7.  Any unit owner may tape record or videotape a meeting
4041	of the unit owners subject to reasonable rules adopted by the
4042	division.
4043	8.  Unless otherwise provided in the bylaws, any vacancy
4044	occurring on the board before the expiration of a term may be
4045	filled by the affirmative vote of the majority of the remaining
4046	directors, even if the remaining directors constitute less than
4047	a quorum, or by the sole remaining director. In the alternative,
4048	a board may hold an election to fill the vacancy, in which case
4049	the election procedures must conform to the requirements of
4050	subparagraph 3. unless the association has opted out of the
4051	statutory election process, in which case the bylaws of the
4052	association control. Unless otherwise provided in the bylaws, a
4053	board member appointed or elected under this section shall fill
4054	the vacancy for the unexpired term of the seat being filled.
4055	Filling vacancies created by recall is governed by paragraph (j)
4056	and rules adopted by the division.
4057
4058	Notwithstanding subparagraphs (b)2. and (d)3., an association
4059	may, by the affirmative vote of a majority of the total voting
4060	interests, provide for different voting and election procedures
4061	in its bylaws, which vote may be by a proxy specifically
4062	delineating the different voting and election procedures. The
4063	different voting and election procedures may provide for
4064	elections to be conducted by limited or general proxy.
4065
4066	Reviser's note.--Section 4, ch. 2004-345, Laws of
4067	Florida, purported to amend paragraph (2)(d), but did
4068	not publish the amended paragraph. Absent affirmative
4069	evidence of legislative intent to repeal it, paragraph
4070	(2)(d) is reenacted to confirm that the omission was
4071	not intended.
4072
4073	Section 135.  Paragraph (d) of subsection (2) of section
4074	720.303, Florida Statutes, as created by section 18 of chapter
4075	2004-345, Laws of Florida, and paragraph (a) of subsection (10)
4076	of section 720.303, Florida Statutes, are amended to read:
4077	720.303  Association powers and duties; meetings of board;
4078	official records; budgets; financial reporting; association
4079	funds; recalls.--
4080	(2)  BOARD MEETINGS.--
4081	(d)  If 20 percent of the total voting interests petition
4082	the board to address an item of business, the board shall at its
4083	next regular board meeting or at a special meeting of the board,
4084	but not later than 60 days after the receipt of the petition,
4085	take the petitioned item up on an agenda. The board shall give
4086	all members notice of the meeting at which the petitioned item
4087	shall be addressed in accordance with the 14-day notice
4088	requirement pursuant to subparagraph (c)2. subparagraph 2. Each
4089	member shall have the right to speak for at least 3 minutes on
4090	each matter placed on the agenda by petition, provided that the
4091	member signs the sign-up sheet, if one is provided, or submits a
4092	written request to speak prior to the meeting. Other than
4093	addressing the petitioned item at the meeting, the board is not
4094	obligated to take any other action requested by the petition.
4095	(10)  RECALL OF DIRECTORS.--
4096	(a)1.  Regardless of any provision to the contrary
4097	contained in the governing documents, subject to the provisions
4098	of s. 720.307 regarding transition of association control, any
4099	member of the board of or directors may be recalled and removed
4100	from office with or without cause by a majority of the total
4101	voting interests.
4102	2.  When the governing documents, including the
4103	declaration, articles of incorporation, or bylaws, provide that
4104	only a specific class of members is entitled to elect a board
4105	director or directors, only that class of members may vote to
4106	recall those board directors so elected.
4107
4108	Reviser's note.--Paragraph (2)(d) as created by s. 18,
4109	ch. 2004-345, Laws of Florida, is amended to improve
4110	clarity and facilitate correct interpretation.
4111	Paragraph (d) is not divided into subparagraphs;
4112	subparagraph (c)2. relates to the 14-day notice.
4113	Paragraph (10)(a) is amended to conform to context.
4114
4115	Section 136.  Subsection (1) of section 720.402, Florida
4116	Statutes, is amended to read:
4117	720.402  Publication of false and misleading information.--
4118	(1)  Any person who, in reasonable reliance upon any
4119	material statement or information that is false or misleading
4120	and published by or under authority from the developer in
4121	advertising and promotional materials, including, but not
4122	limited to, a contract of purchase purchaser, the declaration of
4123	covenants, exhibits to a declaration of covenants, brochures,
4124	and newspaper advertising, pays anything of value toward the
4125	purchase of a parcel in a community located in this state has a
4126	cause of action to rescind the contract or collect damages from
4127	the developer for his or her loss before the closing of the
4128	transaction. After the closing of the transaction, the purchaser
4129	has a cause of action against the developer for damages under
4130	this section from the time of closing until 1 year after the
4131	date upon which the last of the events described in paragraphs
4132	(a) through (d) occurs:
4133	(a)  The closing of the transaction;
4134	(b)  The issuance by the applicable governmental authority
4135	of a certificate of occupancy or other evidence of sufficient
4136	completion of construction of the purchaser's residence to allow
4137	lawful occupancy of the residence by the purchaser. In counties
4138	or municipalities in which certificates of occupancy or other
4139	evidences of completion sufficient to allow lawful occupancy are
4140	not customarily issued, for the purpose of this section,
4141	evidence of lawful occupancy shall be deemed to be given or
4142	issued upon the date that such lawful occupancy of the residence
4143	may be allowed under prevailing applicable laws, ordinances, or
4144	statutes;
4145	(c)  The completion by the developer of the common areas
4146	and such recreational facilities, whether or not the same are
4147	common areas, which the developer is obligated to complete or
4148	provide under the terms of the written contract, governing
4149	documents, or written agreement for purchase or lease of the
4150	parcel; or
4151	(d)  In the event there is not a written contract or
4152	agreement for sale or lease of the parcel, then the completion
4153	by the developer of the common areas and such recreational
4154	facilities, whether or not they are common areas, which the
4155	developer would be obligated to complete under any rule of law
4156	applicable to the developer's obligation.
4157
4158	Under no circumstances may a cause of action created or
4159	recognized under this section survive for a period of more than
4160	5 years after the closing of the transaction.
4161
4162	Reviser's note.--Amended to improve clarity and
4163	facilitate correct interpretation.
4164
4165	Section 137.  Paragraph (d) of subsection (4) of section
4166	720.405, Florida Statutes, is amended to read:
4167	720.405  Organizing committee; parcel owner approval.--
4168	(4)  The proposed revived declaration and other governing
4169	documents for the community shall:
4170	(d)  Contain no covenants that are more restrictive on the
4171	affected parcel owners than the covenants contained in the
4172	previous governing documents, except as permitted under s.
4173	720.404(3) 720.402(3); and
4174
4175	Reviser's note.--Amended to improve clarity and
4176	facilitate correct interpretation. Section 720.402
4177	does not contain a subsection (3); s. 720.404(3)
4178	relates to restrictive covenants.
4179
4180	Section 138.  Subsection (2) of section 721.075, Florida
4181	Statutes, is reenacted to read:
4182	721.075  Incidental benefits.--Incidental benefits shall be
4183	offered only as provided in this section.
4184	(2)  Each purchaser shall execute a separate acknowledgment
4185	and disclosure statement with respect to all incidental
4186	benefits, which statement shall include the following
4187	information:
4188	(a)  A fair description of the incidental benefit,
4189	including, but not limited to, any user fees or costs associated
4190	therewith and any restrictions upon use or availability.
4191	(b)  A statement that use of or participation in the
4192	incidental benefit by the prospective purchaser is completely
4193	voluntary, and that payment of any fee or other cost associated
4194	with the incidental benefit is required only upon such use or
4195	participation.
4196	(c)  A statement that the incidental benefit is not
4197	assignable or otherwise transferable by the prospective
4198	purchaser or purchaser.
4199	(d)  The following disclosure in conspicuous type
4200	immediately above the space for the purchaser's signature:
4201
4202	The incidental benefit[s] described in this statement is
4203	[are] offered to prospective purchasers of the timeshare plan
4204	[or other permitted reference pursuant to s. 721.11(5)(a)].
4205	This [These] benefit[s] is [are] available for your use for
4206	[some period 3 years or less] after the first date that the
4207	timeshare plan is available for your use. The availability of
4208	the incidental benefit[s] may or may not be renewed or extended.
4209	You should not purchase an interest in the timeshare plan in
4210	reliance upon the continued availability or renewal or extension
4211	of this [these] benefit[s].
4212	(e)  A statement indicating the source of the services,
4213	points, or other products that constitute the incidental
4214	benefit.
4215
4216	The acknowledgment and disclosure statement for any incidental
4217	benefit shall be filed with the division prior to use.  Each
4218	purchaser shall receive a copy of his or her executed
4219	acknowledgment and disclosure statement as a document required
4220	to be provided to him or her pursuant to s. 721.10(1)(b).
4221
4222	Reviser's note.--Section 7, ch. 2004-279, Laws of
4223	Florida, added paragraph (e) to subsection (2) without
4224	publishing the flush left language at the end of the
4225	subsection. Absent affirmative evidence of legislative
4226	intent to repeal it, the flush left language is
4227	reenacted to confirm that the omission was not
4228	intended.
4229
4230	Section 139.  Subsection (4) of section 744.3678, Florida
4231	Statutes, is amended to read:
4232	744.3678  Annual accounting.--
4233	(4)  The guardian shall pay from the ward's estate to the
4234	clerk of the circuit court a fee based upon the following
4235	graduated fee schedule, upon the filing of the annual financial
4236	return, for the auditing of the return:
4237	(a)  For estates with a value of $25,000 or less the clerk
4238	of the court may charge a fee of up to $15.
4239	(b)  For estates with a value of more than $25,000 up to
4240	and including $100,000 the clerk of the court may charge a fee
4241	of up to $75.
4242	(c)  For estates with a value of more than $100,000 up to
4243	and including $500,000 the clerk of the court may charge a fee
4244	of up to $150.
4245	(d)  For estates with a value in excess of $500,000 the
4246	clerk of the court may charge a fee of up to $225.
4247
4248	Upon petition by the guardian, the court may waive the auditing
4249	fee upon a showing of insufficient funds in the ward's estate.
4250	Any guardian unable to pay the auditing fee may petition the
4251	court for a waiver of the fee. The court may waive the fee after
4252	it has reviewed the documentation filed by the guardian in
4253	support of the waiver.
4254
4255	Reviser's note.--Amended to improve clarity and
4256	facilitate correct interpretation.
4257
4258	Section 140.  Paragraph (d) of subsection (2) of section
4259	744.7021, Florida Statutes, is amended to read:
4260	744.7021  Statewide Public Guardianship Office.--There is
4261	hereby created the Statewide Public Guardianship Office within
4262	the Department of Elderly Affairs.
4263	(2)  The executive director shall, within available
4264	resources, have oversight responsibilities for all public
4265	guardians.
4266	(d)  By January 1, 2004, and by January 1 of each year
4267	thereafter, the executive director shall provide a status report
4268	and provide further recommendations to the secretary that
4269	address the need for public guardianship services and related
4270	issues.
4271
4272	Reviser's note.--Amended to improve clarity and delete
4273	obsolete language.
4274
4275	Section 141.  Subsection (5) of section 782.081, Florida
4276	Statutes, is amended to read:
4277	782.081  Commercial exploitation of self-murder.--
4278	(5)  A person who violates this section commits a felony of
4279	the third degree, punishable as provided in s. 775.082, s.
4280	775.083, or s. 775.084 774.084.
4281
4282	Reviser's note.--Amended to improve clarity and
4283	facilitate correct interpretation. Section 774.084
4284	does not exist; s. 775.084 provides punishment for
4285	felonies.
4286
4287	Section 142.  Paragraph (b) of subsection (4) of section
4288	784.046, Florida Statutes, is amended to read:
4289	784.046  Action by victim of repeat violence, sexual
4290	violence, or dating violence for protective injunction; powers
4291	and duties of court and clerk of court; filing and form of
4292	petition; notice and hearing; temporary injunction; issuance;
4293	statewide verification system; enforcement.--
4294	(4)
4295	(b)  The sworn petition must be in substantially the
4296	following form:
4297
4298	PETITION FOR INJUNCTION FOR PROTECTION
4299	AGAINST REPEAT VIOLENCE, SEXUAL
4300	VIOLENCE, OR DATING VIOLENCE
4301
4302	Before me, the undersigned authority, personally appeared
4303	Petitioner ...(Name)..., who has been sworn and says that the
4304	following statements are true:
4305	1.  Petitioner resides at ...(address)... (A petitioner for
4306	an injunction for protection against sexual violence may furnish
4307	an address to the court in a separate confidential filing if,
4308	for safety reasons, the petitioner requires the location of his
4309	or her current residence to be confidential pursuant to s.
4310	119.07(6)(s) 119.07(3)(s), Florida Statutes.)
4311	2.  Respondent resides at ...(address)...
4312	3.a.  Petitioner has suffered repeat violence as
4313	demonstrated by the fact that the respondent has: ...(enumerate
4314	incidents of violence)...
4315
4316	________________________________
4317	________________________________
4318	________________________________
4319
4320	b.  Petitioner has suffered sexual violence as demonstrated
4321	by the fact that the respondent has: (enumerate incident of
4322	violence and include incident report number from law enforcement
4323	agency or attach notice of inmate release.)
4324
4325	________________________________
4326	________________________________
4327	________________________________
4328
4329	c.  Petitioner is a victim of dating violence and has
4330	reasonable cause to believe that he or she is in imminent danger
4331	of becoming the victim of another act of dating violence or has
4332	reasonable cause to believe that he or she is in imminent danger
4333	of becoming a victim of dating violence, as demonstrated by the
4334	fact that the respondent has: ...(list the specific incident or
4335	incidents of violence and describe the length of time of the
4336	relationship, whether it has been in existence during the last 6
4337	months, the nature of the relationship of a romantic or intimate
4338	nature, the frequency and type of interaction, and any other
4339	facts that characterize the relationship.)...
4340
4341	________________________________
4342	________________________________
4343	________________________________
4344
4345	4.  Petitioner genuinely fears repeat violence by the
4346	respondent.
4347	5.  Petitioner seeks: an immediate injunction against the
4348	respondent, enjoining him or her from committing any further
4349	acts of violence; an injunction enjoining the respondent from
4350	committing any further acts of violence; and an injunction
4351	providing any terms the court deems necessary for the protection
4352	of the petitioner and the petitioner's immediate family,
4353	including any injunctions or directives to law enforcement
4354	agencies.
4355
4356	Reviser's note.--Amended to conform to the
4357	redesignation of s. 119.07(3)(s) as s. 119.07(6)(s) by
4358	s. 7, ch. 2004-335, Laws of Florida.
4359
4360	Section 143.  Paragraph (a) of subsection (1) of section
4361	895.02, Florida Statutes, is amended to read:
4362	895.02  Definitions.--As used in ss. 895.01-895.08, the
4363	term:
4364	(1)  "Racketeering activity" means to commit, to attempt to
4365	commit, to conspire to commit, or to solicit, coerce, or
4366	intimidate another person to commit:
4367	(a)  Any crime which is chargeable by indictment or
4368	information under the following provisions of the Florida
4369	Statutes:
4370	1.  Section 210.18, relating to evasion of payment of
4371	cigarette taxes.
4372	2.  Section 403.727(3)(b), relating to environmental
4373	control.
4374	3.  Section 409.920 or s. 409.9201, relating to Medicaid
4375	fraud.
4376	4.  Section 414.39, relating to public assistance fraud.
4377	5.  Section 440.105 or s. 440.106, relating to workers'
4378	compensation.
4379	6.  Section 465.0161, relating to distribution of medicinal
4380	drugs without a permit as an Internet pharmacy.
4381	7.  Sections 499.0051, 499.0052, 499.00535 499.0053,
4382	499.00545, and 499.0691, relating to crimes involving contraband
4383	and adulterated drugs.
4384	8.  Part IV of chapter 501, relating to telemarketing.
4385	9.  Chapter 517, relating to sale of securities and
4386	investor protection.
4387	10.  Section 550.235, s. 550.3551, or s. 550.3605, relating
4388	to dogracing and horseracing.
4389	11.  Chapter 550, relating to jai alai frontons.
4390	12.  Chapter 552, relating to the manufacture,
4391	distribution, and use of explosives.
4392	13.  Chapter 560, relating to money transmitters, if the
4393	violation is punishable as a felony.
4394	14.  Chapter 562, relating to beverage law enforcement.
4395	15.  Section 624.401, relating to transacting insurance
4396	without a certificate of authority, s. 624.437(4)(c)1., relating
4397	to operating an unauthorized multiple-employer welfare
4398	arrangement, or s. 626.902(1)(b), relating to representing or
4399	aiding an unauthorized insurer.
4400	16.  Section 655.50, relating to reports of currency
4401	transactions, when such violation is punishable as a felony.
4402	17.  Chapter 687, relating to interest and usurious
4403	practices.
4404	18.  Section 721.08, s. 721.09, or s. 721.13, relating to
4405	real estate timeshare plans.
4406	19.  Chapter 782, relating to homicide.
4407	20.  Chapter 784, relating to assault and battery.
4408	21.  Chapter 787, relating to kidnapping.
4409	22.  Chapter 790, relating to weapons and firearms.
4410	23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
4411	796.05, or s. 796.07, relating to prostitution and sex
4412	trafficking.
4413	24.  Chapter 806, relating to arson.
4414	25.  Section 810.02(2)(c), relating to specified burglary
4415	of a dwelling or structure.
4416	26.  Chapter 812, relating to theft, robbery, and related
4417	crimes.
4418	27.  Chapter 815, relating to computer-related crimes.
4419	28.  Chapter 817, relating to fraudulent practices, false
4420	pretenses, fraud generally, and credit card crimes.
4421	29.  Chapter 825, relating to abuse, neglect, or
4422	exploitation of an elderly person or disabled adult.
4423	30.  Section 827.071, relating to commercial sexual
4424	exploitation of children.
4425	31.  Chapter 831, relating to forgery and counterfeiting.
4426	32.  Chapter 832, relating to issuance of worthless checks
4427	and drafts.
4428	33.  Section 836.05, relating to extortion.
4429	34.  Chapter 837, relating to perjury.
4430	35.  Chapter 838, relating to bribery and misuse of public
4431	office.
4432	36.  Chapter 843, relating to obstruction of justice.
4433	37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
4434	s. 847.07, relating to obscene literature and profanity.
4435	38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
4436	849.25, relating to gambling.
4437	39.  Chapter 874, relating to criminal street gangs.
4438	40.  Chapter 893, relating to drug abuse prevention and
4439	control.
4440	41.  Chapter 896, relating to offenses related to financial
4441	transactions.
4442	42.  Sections 914.22 and 914.23, relating to tampering with
4443	a witness, victim, or informant, and retaliation against a
4444	witness, victim, or informant.
4445	43.  Sections 918.12 and 918.13, relating to tampering with
4446	jurors and evidence.
4447
4448	Reviser's note.--Amended to conform to the
4449	redesignation of the referenced s. 499.0053 as s.
4450	499.00535 by the reviser incident to compiling the
4451	2003 Florida Statutes.
4452
4453	Section 144.  Paragraph (i) of subsection (3) of section
4454	921.0022, Florida Statutes, is amended to read:
4455	921.0022  Criminal Punishment Code; offense severity
4456	ranking chart.--
4457
4458	(3)  OFFENSE SEVERITY RANKING CHART
4459
	FloridaStatute FelonyDegree Description
4460
	(i)  LEVEL 9
4461
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
4462
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
4463
	499.00535 499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
4464
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
4465
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
4466
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
4467
	775.0844 1st Aggravated white collar crime.
4468
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
4469
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
4470
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
4471
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
4472
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
4473
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
4474
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
4475
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
4476
	790.161 1st Attempted capital destructive device offense.
4477
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
4478
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
4479
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
4480
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
4481
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
4482
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
4483
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
4484
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
4485
	812.135(2)(b) 1st Home-invasion robbery with weapon.
4486
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
4487
	827.03(2) 1st Aggravated child abuse.
4488
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
4489
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
4490
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
4491
	893.135 1st Attempted capital trafficking offense.
4492
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
4493
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
4494
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
4495
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
4496
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
4497
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
4498
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
4499
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
4500
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
4501
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
4502
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
4503
4504
4505	Reviser's note.--Amended to conform to the
4506	redesignation of the referenced s. 499.0053 as s.
4507	499.00535 by the reviser incident to compiling the
4508	2003 Florida Statutes.
4509
4510	Section 145.  Section 932.706, Florida Statutes, is amended
4511	to read:
4512	932.706  Forfeiture training requirements.--The Criminal
4513	Justice Standards and Training Commission shall develop a
4514	standardized course of training for basic recruits and
4515	continuing education which shall be designed to develop
4516	proficiency in the seizure and forfeiture of property under the
4517	Florida Contraband Forfeiture Act. Such course of training and
4518	continuing education shall be developed and implemented by
4519	December 1, 1995. The curriculum for the course of training and
4520	continuing education must include, but is not limited to, racial
4521	and ethnic sensitivity and a review of cases in this state which
4522	involve searches and seizures, the use of drug-courier profiles
4523	by law enforcement agencies, and the use of an order to stop
4524	based on a pretext.
4525
4526	Reviser's note.--Amended to delete an obsolete
4527	provision. The cited course of training and continuing
4528	education was to be developed and implemented by
4529	December 1, 1995.
4530
4531	Section 146.  Subsection (3) of section 943.125, Florida
4532	Statutes, is repealed.
4533
4534	Reviser's note.--Repealed to delete a provision that
4535	has served its purpose. The cited subsection provides
4536	for the development of arrest and security protocols
4537	by October 1, 1996.
4538
4539	Section 147.  Subsection (2) of section 944.026, Florida
4540	Statutes, is amended to read:
4541	944.026  Community-based facilities and programs.--
4542	(2)  By January 1, 2002, and Notwithstanding any other law,
4543	the department shall ensure that at least 400 of its contracted
4544	beds in nonsecure community-based residential substance abuse
4545	treatment facilities authorized under subparagraph (1)(b)1. or
4546	probation and restitution centers authorized under paragraph
4547	(1)(c) are designated for transition assistance for inmates who
4548	are nearing their date of release from a correctional
4549	institution or a community correctional center. These designated
4550	beds shall be provided by private organizations that do not have
4551	a faith component and that are under contract with the
4552	department. In making placement decisions, the department and
4553	the contract providers shall give priority consideration to
4554	those inmates who are nearing their date of release and who are
4555	to be placed in some form of postrelease community supervision.
4556	However, if an inmate whose sentence expires upon his or her
4557	release from a correctional institution or a community
4558	correction center and for whom community supervision is not
4559	required demonstrates the need for or interest in and
4560	suitability for transition-housing assistance, as determined by
4561	the department, the inmate is eligible to be considered for
4562	placement in transition housing. A right to substance abuse
4563	program services is not stated, intended, or otherwise implied
4564	by this subsection.
4565
4566	Reviser's note.--Amended to delete obsolete language.
4567
4568	Section 148.  Paragraph (a) of subsection (5) of section
4569	944.1905, Florida Statutes, is amended to read:
4570	944.1905  Initial inmate classification; inmate
4571	reclassification.--The Department of Corrections shall classify
4572	inmates pursuant to an objective classification scheme. The
4573	initial inmate classification questionnaire and the inmate
4574	reclassification questionnaire must cover both aggravating and
4575	mitigating factors.
4576	(5)(a)  Notwithstanding any other provision of this
4577	section, the department shall assign to specific correctional
4578	facilities all inmates who are less than 18 years of age and who
4579	are not eligible for and have not been assigned to a facility
4580	for youthful offenders. Any such inmate who is less than 18
4581	years of age shall be housed in a dormitory that is separate
4582	from inmates who are 18 years of age or older. Furthermore, the
4583	department shall provide any food service, education, and
4584	recreation for such inmate separately from inmates who are 18
4585	years of age or older. The department shall report to the
4586	Legislature on compliance with this paragraph by April 1, 2002.
4587
4588	Reviser's note.--Amended to delete obsolete language.
4589	The referenced report of compliance was due on April
4590	1, 2002.
4591
4592	Section 149.  Subsections (3) and (4) of section 944.803,
4593	Florida Statutes, are amended to read:
4594	944.803  Faith-based programs for inmates.--
4595	(3)  By March 1, 2002, The department must have at least
4596	three additional faith-based dormitory programs fully
4597	operational and by June 1, 2002, the department must have at
4598	least three more faith-based dormitory programs fully
4599	operational, for a total of six new programs fully operational
4600	by June 1, 2002. These six programs shall be similar to and in
4601	addition to the current faith-based pilot program. The six new
4602	programs shall be a joint effort with the department and faith-
4603	based service groups within the community. The department shall
4604	ensure that an inmate's faith orientation, or lack thereof, will
4605	not be considered in determining admission to a faith-based
4606	program and that the program does not attempt to convert an
4607	inmate toward a particular faith or religious preference. The
4608	programs shall operate 24 hours a day within the existing
4609	correctional facilities. The programs must emphasize the
4610	importance of personal responsibility, meaningful work,
4611	education, substance abuse treatment, and peer support.
4612	Participation in the faith-based dormitory program shall be
4613	voluntary. However, at least 80 percent of the inmates
4614	participating in this program must be within 36 months of
4615	release. Assignment to these programs shall be based on
4616	evaluation and the length of time the inmate is projected to be
4617	assigned to that particular institution. In evaluating an inmate
4618	for this program, priority shall be given to inmates who have
4619	shown an indication for substance abuse. A right to substance
4620	abuse program services is not stated, intended, or otherwise
4621	implied by this subsection. The department may not remove an
4622	inmate once assigned to the program except for the purposes of
4623	population management, for inmate conduct that may subject the
4624	inmate to disciplinary confinement or loss of gain-time, for
4625	physical or mental health concerns, or for security or safety
4626	concerns. To support the programming component, the department
4627	shall assign a chaplain and a full-time clerical support person
4628	dedicated to each dormitory to implement and monitor the program
4629	and to strengthen volunteer participation and support. By
4630	January 1, 2004, the department shall submit an evaluation
4631	report to the Governor, the President of the Senate, and the
4632	Speaker of the House of Representatives on the faith-based
4633	dormitory program. The report must contain the findings from an
4634	extensive and scientifically sound evaluation of the program,
4635	including at least a longitudinal followup of the inmates who
4636	have successfully completed the program compared to other
4637	similar inmates who have not participated and an opinion survey
4638	of the faith-based service providers.
4639	(4)  Effective October 1, 2001, The Department of
4640	Corrections shall assign chaplains to community correctional
4641	centers authorized pursuant to s. 945.091(1)(b). These chaplains
4642	shall strengthen volunteer participation by recruiting
4643	volunteers in the community to assist inmates in transition,
4644	and, if requested by the inmate, placement in a mentoring
4645	program or at a contracted substance abuse transition housing
4646	program. When placing an inmate in a contracted program, the
4647	chaplain shall work with the institutional transition assistance
4648	specialist in an effort to successfully place the released
4649	inmate.
4650
4651	Reviser's note.--Amended to delete obsolete language.
4652
4653	Section 150.  Subsection (7) of section 948.09, Florida
4654	Statutes, is amended to read:
4655	948.09  Payment for cost of supervision and
4656	rehabilitation.--
4657	(7)  The department shall establish a payment plan for all
4658	costs ordered by the courts for collection by the department and
4659	a priority order for payments, except that victim restitution
4660	payments authorized under s. 948.03(1)(e) 948.03(5) take
4661	precedence over all other court-ordered payments. The department
4662	is not required to disburse cumulative amounts of less than $10
4663	to individual payees established on this payment plan.
4664
4665	Reviser's note.--Amended to improve clarity and
4666	facilitate correct interpretation. The referenced
4667	material is found in s. 948.03(1)(e).
4668
4669	Section 151.  Subsection (2) of section 948.30, Florida
4670	Statutes, is amended to read:
4671	948.30  Additional terms and conditions of probation or
4672	community control for certain sex offenses.--Conditions imposed
4673	pursuant to this section do not require oral pronouncement at
4674	the time of sentencing and shall be considered standard
4675	conditions of probation or community control for offenders
4676	specified in this section.
4677	(2)  Effective for a probationer or community controllee
4678	whose crime was committed on or after October 1, 1997, and who
4679	is placed on sex offender probation for a violation of chapter
4680	794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any
4681	other provision of this section subsection, the court must
4682	impose the following conditions of probation or community
4683	control:
4684	(a)  As part of a treatment program, participation at least
4685	annually in polygraph examinations to obtain information
4686	necessary for risk management and treatment and to reduce the
4687	sex offender's denial mechanisms. A polygraph examination must
4688	be conducted by a polygrapher trained specifically in the use of
4689	the polygraph for the monitoring of sex offenders, where
4690	available, and shall be paid for by the sex offender. The
4691	results of the polygraph examination shall not be used as
4692	evidence in court to prove that a violation of community
4693	supervision has occurred.
4694	(b)  Maintenance of a driving log and a prohibition against
4695	driving a motor vehicle alone without the prior approval of the
4696	supervising officer.
4697	(c)  A prohibition against obtaining or using a post office
4698	box without the prior approval of the supervising officer.
4699	(d)  If there was sexual contact, a submission to, at the
4700	probationer's or community controllee's expense, an HIV test
4701	with the results to be released to the victim or the victim's
4702	parent or guardian.
4703	(e)  Electronic monitoring when deemed necessary by the
4704	community control or probation officer and his or her
4705	supervisor, and ordered by the court at the recommendation of
4706	the Department of Corrections.
4707
4708	Reviser's note.--Amended to improve clarity and
4709	facilitate correct interpretation. The referenced
4710	subsection was s. 948.03(5), which was redesignated as
4711	s. 948.30 by s. 18, ch. 2004-373, Laws of Florida.
4712
4713	Section 152.  Paragraph (a) of subsection (5) of section
4714	957.07, Florida Statutes, is amended to read:
4715	957.07  Cost-saving requirements.--
4716	(5)(a)  By February 1, 2002, and each year thereafter, the
4717	Prison Per-Diem Workgroup shall develop consensus per diem rates
4718	to be used when determining per diem rates of privately operated
4719	prisons. The Office of Program Policy Analysis and Government
4720	Accountability, the Office of the Auditor General, and the
4721	staffs of the appropriations committees of both the Senate and
4722	the House of Representatives are the principals of the
4723	workgroup. The workgroup may consult with other experts to
4724	assist in the development of the consensus per diem rates. All
4725	meetings of the workgroup shall be open to the public as
4726	provided in chapter 286.
4727
4728	Reviser's note.--Amended to delete obsolete language.
4729
4730	Section 153.  Subsection (4) of section 958.045, Florida
4731	Statutes, is amended to read:
4732	958.045  Youthful offender basic training program.--
4733	(4)  Upon admittance to the department, an educational and
4734	substance abuse assessment shall be performed on each youthful
4735	offender. Upon admittance to the basic training program, each
4736	offender shall have a full substance abuse assessment to
4737	determine the offender's need for substance abuse treatment. The
4738	educational assessment shall be accomplished through the aid of
4739	the Test of Adult Basic Education or any other testing
4740	instrument approved by the Department of Education, as
4741	appropriate. Each offender who has not obtained a high school
4742	diploma shall be enrolled in an adult education program designed
4743	to aid the offender in improving his or her academic skills and
4744	earning a high school diploma. Further assessments of the prior
4745	vocational skills and future career vocational education shall
4746	be provided to the offender. A periodic evaluation shall be made
4747	to assess the progress of each offender, and upon completion of
4748	the basic training program the assessment and information from
4749	the department's record of each offender shall be transferred to
4750	the appropriate community residential program.
4751
4752	Reviser's note.--Reenacted to conform to ch. 2004-357,
4753	Laws of Florida.
4754
4755	Section 154.  Subsection (12) of section 985.404, Florida
4756	Statutes, is repealed.
4757
4758	Reviser's note.--Repealed to delete a provision that
4759	has served its purpose. The referenced workgroup's
4760	recommendations regarding development of a
4761	classification and placement system for juvenile
4762	offenders committed to residential programs was due by
4763	September 30, 2001.
4764
4765	Section 155.  Section 1009.765, Florida Statutes, is
4766	amended to read:
4767	1009.765  Ethics in Business scholarships for community
4768	colleges and independent postsecondary educational
4769	institutions.--When the former Department of Insurance or the
4770	Office of Insurance Regulation of the Financial Services
4771	Commission receives a $6 million settlement as specified in the
4772	Consent Order of the Treasurer and Insurance Commissioner, case
4773	number 18900-96-c, that portion of the $6 million not used to
4774	satisfy the requirements of section 18 of the Consent Order must
4775	be transferred from the Insurance Regulatory Trust Fund to the
4776	State Student Financial Assistance Trust Fund to be is
4777	appropriated from the State Student Financial Assistance Trust
4778	Fund to provide Ethics in Business scholarships to students
4779	enrolled in public community colleges and independent
4780	postsecondary educational institutions eligible to participate
4781	in the William L. Boyd, IV, Florida Resident Access Grant
4782	Program under s. 1009.89. The funds shall be allocated to
4783	institutions for scholarships in the following ratio: Two-thirds
4784	for community colleges and one-third for eligible independent
4785	institutions. The Department of Education shall administer the
4786	scholarship program for students attending community colleges
4787	and independent institutions. These funds must be allocated to
4788	institutions that provide an equal amount of matching funds
4789	generated by private donors for the purpose of providing Ethics
4790	in Business scholarships. Public funds may not be used to
4791	provide the match, nor may funds collected for other purposes.
4792	Notwithstanding any other provision of law, the State Board of
4793	Administration shall have the authority to invest the funds
4794	appropriated under this section. The State Board of Education
4795	may adopt rules for administration of the program.
4796
4797	Reviser's note.--Amended to improve clarity. Section
4798	20.13, which created the Department of Insurance, was
4799	repealed by s. 3, ch. 2003-1, Laws of Florida, and the
4800	duties of the Department of Insurance were transferred
4801	to the Department of Financial Services or the
4802	Financial Services Commission. The words "to be" were
4803	substituted for the word "is" to facilitate correct
4804	interpretation.
4805
4806	Section 156.  Paragraph (h) of subsection (7) of section
4807	1012.796, Florida Statutes, is amended to read:
4808	1012.796  Complaints against teachers and administrators;
4809	procedure; penalties.--
4810	(7)  A panel of the commission shall enter a final order
4811	either dismissing the complaint or imposing one or more of the
4812	following penalties:
4813	(h)  Refer the teacher, administrator administer, or
4814	supervisor to the recovery network program provided in s.
4815	1012.798 under such terms and conditions as the commission may
4816	specify.
4817
4818	Reviser's note.--Amended to improve clarity and
4819	facilitate correct interpretation.
4820
4821	Section 157.  This act shall take effect on the 60th day
4822	after adjournment sine die of the session of the Legislature in
4823	which enacted.

CODING: Words stricken are deletions; words underlined are additions.