Senate Bill sb1338er

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    2005 Legislature                                       SB 1338



  1                                 

  2         An act relating to the Florida Statutes;

  3         repealing ss. 20.19(5)(b)2., 20.3315(3),

  4         27.005, 27.006, 27.271, 27.33, 27.3455, 27.36,

  5         27.385, 27.605, 29.002, 29.003, 29.009, 29.011,

  6         43.28, 50.071, 57.091, 166.411(11), 196.1994,

  7         202.27(7), 213.131(2), 216.181(17),

  8         216.292(5)(f), 218.325, 220.191(1)(h)2.,

  9         252.373(1)(b) and (c), 259.105(21), 288.9511,

10         288.9515, 288.9517, 339.08(4), 339.082(3),

11         372.127(3), 372.561(9), 376.875(6), 381.79(7),

12         456.0375, 601.15(3)(f), 723.06115(3), 914.06,

13         925.035, 925.036, 925.037, 932.7055(5)(d),

14         939.05, 939.07, 939.10, 939.15, 985.4075(2),

15         1004.225, and 1010.87(3), F.S., all of which

16         provisions have become inoperative by

17         noncurrent repeal or expiration and, pursuant

18         to s. 11.242(5)(b) and (i), may be omitted from

19         the 2005 Florida Statutes only through a

20         reviser's bill duly enacted by the Legislature;

21         amending s. 378.035, F.S., to delete obsolete

22         material and repeal a provision that has become

23         inoperative by noncurrent expiration and,

24         pursuant to s. 11.242(5)(b) and (i), may be

25         omitted from the 2005 Florida Statutes only

26         through a reviser's bill duly enacted by the

27         Legislature; repealing s. 383.410, F.S., to

28         confirm the October 2, 2004, repeal of an

29         exemption in accordance with the Open

30         Government Sunset Review Act of 1995; amending

31         s. 202.35(3), F.S., to conform to the repeal of


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 1         s. 202.27(7), F.S.; and amending s.

 2         627.732(1)(a), F.S., to conform to the repeal

 3         of s. 456.0375, F.S.

 4  

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

 6  

 7         Section 1.  Subparagraph 2. of paragraph (b) of

 8  subsection (5) of section 20.19, Florida Statutes, as amended

 9  by section 12 of chapter 2004-269, Laws of Florida, is

10  repealed.

11  

12         Reviser's note.--The cited subparagraph, which

13         relates to transfer authority for the 2003-2004

14         fiscal year only, as to funds for service

15         districts within the Department of Children and

16         Family Services, expired pursuant to its own

17         terms, effective July 1, 2004.

18  

19         Section 2.  Subsection (3) of section 20.3315, Florida

20  Statutes, is repealed.

21  

22         Reviser's note.--The cited subsection, which

23         relates to termination of the Florida Forever

24         Program Trust Fund of the Florida Fish and

25         Wildlife Conservation Commission, was repealed

26         pursuant to s. 2, ch. 2001-25, Laws of Florida,

27         effective July 1, 2004. Since the subsection

28         was not repealed by a "current session" of the

29         Legislature, it may be omitted from the 2005

30         Florida Statutes only through a reviser's bill

31  


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 1         duly enacted by the Legislature. See s.

 2         11.242(5)(b) and (i).

 3  

 4         Section 3.  Sections 27.005, 27.006, 27.271, 27.33,

 5  27.3455, 27.36, 27.385, 27.605, 29.002, 29.003, 29.009,

 6  29.011, 43.28, 50.071, 57.091, 218.325, 914.06, 925.035,

 7  925.036, 925.037, 939.05, 939.07, 939.10, and 939.15, Florida

 8  Statutes, are repealed.

 9  

10         Reviser's note.--The cited sections, which

11         relate to the court system and related funding,

12         were repealed by s. 153, ch. 2003-402, Laws of

13         Florida, effective July 1, 2004. Since the

14         sections were not repealed by a "current

15         session" of the Legislature, they may be

16         omitted from the 2005 Florida Statutes only

17         through a reviser's bill duly enacted by the

18         Legislature. See s. 11.242(5)(b) and (i).

19  

20         Section 4.  Subsection (11) of section 166.411, Florida

21  Statutes, is repealed.

22  

23         Reviser's note.--The cited subsection, which

24         relates to use of the eminent domain power to

25         obtain lands to be conveyed by a municipality

26         to the county school board, was repealed

27         pursuant to s. 2, ch. 2001-77, Laws of Florida,

28         effective January 1, 2004. Since the subsection

29         was not repealed by a "current session" of the

30         Legislature, it may be omitted from the 2005

31         Florida Statutes only through a reviser's bill


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 1         duly enacted by the Legislature. See s.

 2         11.242(5)(b) and (i).

 3  

 4         Section 5.  Section 196.1994, Florida Statutes, is

 5  repealed.

 6  

 7         Reviser's note.--The cited section, which

 8         relates to a property tax exemption for space

 9         laboratories and carriers, expired pursuant to

10         its own terms, effective July 1, 2004.

11  

12         Section 6.  Subsection (7) of section 202.27, Florida

13  Statutes, is repealed.

14  

15         Reviser's note.--The cited subsection, which

16         relates to material error in reporting of local

17         communications services taxes, was repealed

18         pursuant to s. 6, ch. 2003-254, Laws of

19         Florida, effective June 30, 2004. Since the

20         subsection was not repealed by a "current

21         session" of the Legislature, it may be omitted

22         from the 2005 Florida Statutes only through a

23         reviser's bill duly enacted by the Legislature.

24         See s. 11.242(5)(b) and (i).

25  

26         Section 7.  Subsection (2) of section 213.131, Florida

27  Statutes, is repealed.

28  

29         Reviser's note.--The cited subsection, which

30         relates to termination of the Department of

31         Revenue Clerks of the Court Trust Fund, was


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 1         repealed by s. 2, ch. 2003-243, Laws of

 2         Florida, effective November 4, 2004. Since the

 3         subsection was not repealed by a "current

 4         session" of the Legislature, it may be omitted

 5         from the 2005 Florida Statutes only through a

 6         reviser's bill duly enacted by the Legislature.

 7         See s. 11.242(5)(b) and (i).

 8  

 9         Section 8.  Subsection (17) of section 216.181, Florida

10  Statutes, is repealed.

11  

12         Reviser's note.--The cited subsection, which

13         relates to positions and associated budget

14         transfers by the Department of Law Enforcement

15         for the 2003-2004 fiscal year only, expired

16         pursuant to its own terms, effective July 1,

17         2004.

18  

19         Section 9.  Paragraph (f) of subsection (5) of section

20  216.292, Florida Statutes, is repealed.

21  

22         Reviser's note.--The cited paragraph, which

23         relates to authorization for the Governor to

24         approve the initiation of certain fixed capital

25         outlay projects within the Department of

26         Corrections for specified purposes, expired

27         pursuant to its own terms, effective March 8,

28         2004.

29  

30         Section 10.  Subparagraph 2. of paragraph (h) of

31  subsection (1) of section 220.191, Florida Statutes, as


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 1  reenacted by section 17 of chapter 2004-5, Laws of Florida, is

 2  repealed.

 3  

 4         Reviser's note.--The cited subparagraph, which

 5         relates to certain new financial facilities

 6         qualifying as "qualifying projects" for

 7         purposes of the capital investment tax credit,

 8         expired pursuant to its own terms, effective

 9         June 30, 2004.

10  

11         Section 11.  Paragraphs (b) and (c) of subsection (1)

12  of section 252.373, Florida Statutes, as amended by section 4

13  of chapter 2004-235, Laws of Florida, and section 48 of

14  chapter 2004-269, Laws of Florida, are repealed.

15  

16         Reviser's note.--The cited paragraphs, which

17         relate to use of the Emergency Management,

18         Preparedness, and Assistance Trust Fund for

19         fiscal year 2003-2004 only, and a review and

20         transfer of funds within that trust fund,

21         expired pursuant to their own terms, effective

22         July 1, 2004.

23  

24         Section 12.  Subsection (21) of section 259.105,

25  Florida Statutes, is repealed.

26  

27         Reviser's note.--The cited subsection, which

28         relates to distribution of funds to water

29         management districts for specified purposes for

30         the 2003-2004 fiscal year only, expired

31  


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 1         pursuant to its own terms, effective July 1,

 2         2004.

 3  

 4         Section 13.  Section 288.9511, Florida Statutes, as

 5  amended by section 23 of chapter 2004-357, Laws of Florida,

 6  and sections 288.9515 and 288.9517, Florida Statutes, are

 7  repealed.

 8  

 9         Reviser's note.--The cited sections, which

10         relate to technology development programs, were

11         repealed by s. 80, ch. 2003-399, Laws of

12         Florida, effective July 1, 2004. Since the

13         sections were not repealed by a "current

14         session" of the Legislature, they may be

15         omitted from the 2005 Florida Statutes only

16         through a reviser's bill duly enacted by the

17         Legislature. See s. 11.242(5)(b) and (i).

18  

19         Section 14.  Subsection (4) of section 339.08, Florida

20  Statutes, as amended by section 8 of chapter 2004-366, Laws of

21  Florida, is repealed.

22  

23         Reviser's note.--The cited subsection, which

24         transfers specified funds from the State

25         Transportation Trust Fund to the General

26         Revenue Fund for the 2003-2004 fiscal year

27         only, expired pursuant to its own terms,

28         effective July 1, 2004.

29  

30         Section 15.  Subsection (3) of section 339.082, Florida

31  Statutes, is repealed.


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 1         Reviser's note.--The cited subsection, which

 2         relates to termination of the Federal Law

 3         Enforcement Trust Fund within the Department of

 4         Transportation, was repealed by s. 2, ch.

 5         2002-136, Laws of Florida, effective May 25,

 6         2004. Since the subsection was not repealed by

 7         a "current session" of the Legislature, it may

 8         be omitted from the 2005 Florida Statutes only

 9         through a reviser's bill duly enacted by the

10         Legislature. See s. 11.242(5)(b) and (i).

11  

12         Section 16.  Subsection (3) of section 372.127, Florida

13  Statutes, is repealed.

14  

15         Reviser's note.--The cited subsection, which

16         relates to termination of the Conservation and

17         Recreation Lands Program Trust Fund of the Fish

18         and Wildlife Conservation Commission, was

19         repealed by s. 2, ch. 2001-34, Laws of Florida,

20         effective July 1, 2004. Since the subsection

21         was not repealed by a "current session" of the

22         Legislature, it may be omitted from the 2005

23         Florida Statutes only through a reviser's bill

24         duly enacted by the Legislature. See s.

25         11.242(5)(b) and (i).

26  

27         Section 17.  Subsection (9) of section 372.561, Florida

28  Statutes, is repealed.

29  

30         Reviser's note.--The cited subsection, which

31         relates to implementation of fees for hunting


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 1         and fishing licenses and permits, expired

 2         pursuant to its own terms, effective July 1,

 3         2004.

 4  

 5         Section 18.  Subsection (6) of section 376.875, Florida

 6  Statutes, is repealed.

 7  

 8         Reviser's note.--The cited subsection, which

 9         relates to use of moneys in the Brownfield

10         Property Ownership Clearance Assistance

11         Revolving Loan Trust Fund for the 2003-2004

12         fiscal year only, expired pursuant to its own

13         terms, effective July 1, 2004.

14  

15         Section 19.  Subsection (7) of section 381.79, Florida

16  Statutes, is repealed.

17  

18         Reviser's note.--The cited subsection, which

19         relates to disbursement of specified

20         appropriated funds for brain and spinal cord

21         injury research for the 2003-2004 fiscal year

22         only, expired pursuant to its own terms,

23         effective July 1, 2004.

24  

25         Section 20.  Section 456.0375, Florida Statutes, is

26  repealed.

27  

28         Reviser's note.--The cited section, which

29         relates to registration of certain clinics, was

30         repealed by s. 15, ch. 2003-411, Laws of

31         Florida, effective March 1, 2004. Since the


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 1         section was not repealed by a "current session"

 2         of the Legislature, it may be omitted from the

 3         2005 Florida Statutes only through a reviser's

 4         bill duly enacted by the Legislature. See s.

 5         11.242(5)(b) and (i).

 6  

 7         Section 21.  Paragraph (f) of subsection (3) of section

 8  601.15, Florida Statutes, is repealed.

 9  

10         Reviser's note.--The cited paragraph, which

11         relates to reduction of citrus excise tax rates

12         for the 2003-2004 fiscal year only, expired

13         pursuant to its own terms, effective July 1,

14         2004.

15  

16         Section 22.  Subsection (3) of section 723.06115,

17  Florida Statutes, is repealed.

18  

19         Reviser's note.--The cited subsection, which

20         relates to termination of the Florida Mobile

21         Home Relocation Trust Fund, was repealed by s.

22         2, ch. 2003-249, Laws of Florida, effective

23         November 4, 2004. Since the subsection was not

24         repealed by a "current session" of the

25         Legislature, it may be omitted from the 2005

26         Florida Statutes only through a reviser's bill

27         duly enacted by the Legislature. See s.

28         11.242(5)(b) and (i).

29  

30  

31  


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 1         Section 23.  Paragraph (d) of subsection (5) of section

 2  932.7055, Florida Statutes, as amended by section 3 of chapter

 3  2004-39, Laws of Florida, is repealed.

 4  

 5         Reviser's note.--The cited paragraph, which

 6         relates to expenditure of funds in a special

 7         law enforcement trust fund established by the

 8         governing body of a municipality for the

 9         2003-2004 fiscal year only, expired pursuant to

10         its own terms, effective July 1, 2004.

11  

12         Section 24.  Subsection (2) of section 985.4075,

13  Florida Statutes, is repealed.

14  

15         Reviser's note.--The cited subsection, which

16         relates to a prohibition on use of operations

17         appropriations for one-time startup funding for

18         fixed capital outlay for juvenile justice

19         programs, expired pursuant to its own terms,

20         effective July 1, 2004.

21  

22         Section 25.  Section 1004.225, Florida Statutes, is

23  repealed.

24  

25         Reviser's note.--The cited section, which

26         consists of the Florida Technology Development

27         Act, expired pursuant to its own terms,

28         effective July 1, 2004.

29  

30         Section 26.  Subsection (3) of section 1010.87, Florida

31  Statutes, is repealed.


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 1         Reviser's note.--The cited subsection, which

 2         relates to termination of the Workers'

 3         Compensation Administration Trust Fund within

 4         the Department of Education, was repealed by s.

 5         2, ch. 2003-208, Laws of Florida, effective

 6         November 4, 2004. Since the subsection was not

 7         repealed by a "current session" of the

 8         Legislature, it may be omitted from the 2005

 9         Florida Statutes only through a reviser's bill

10         duly enacted by the Legislature. See s.

11         11.242(5)(b) and (i).

12  

13         Section 27.  Section 378.035, Florida Statutes, as

14  amended by section 4 of chapter 2003-423, Laws of Florida, is

15  amended to read:

16         378.035  Department responsibilities and duties with

17  respect to Nonmandatory Land Reclamation Trust Fund.--

18         (1)  The department shall administer the Nonmandatory

19  Land Reclamation Trust Fund.

20         (2)(a)  The department shall verify that reclamation

21  activities or portions thereof have been accomplished in

22  accordance with the reclamation contract and shall certify the

23  cost of such reclamation activities to the Chief Financial

24  Officer for reimbursement.

25         (b)  Beginning in 1985, the department shall determine

26  the maximum dollar amount a landowner may be reimbursed per

27  reclaimed acre under an approved reclamation program.

28         (c)  Nothing in this act precludes a landowner from

29  performing the reclamation pursuant to the approved

30  reclamation program, provided the landowner complies with the

31  provisions of this act.


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 1         (3)  If an applicant who has signed a reclamation

 2  contract abandons the reclamation program prior to substantial

 3  completion of the program, the department may spend the

 4  remaining balance of funds not expended under the contract to

 5  complete the program.

 6         (a)  The contract amount and any amounts spent by the

 7  department in excess of the remaining balance of the funds

 8  under the contract become a lien upon the property,

 9  enforceable pursuant to chapter 85.  The moneys received as a

10  result of a lien foreclosure or as repayment shall be

11  deposited into the trust fund.

12         (b)  If the land acquired pursuant to the lien

13  foreclosure has recreational or wildlife value, the department

14  may retain ownership as with other property acquired pursuant

15  to s. 378.036. If the department sells the property, the

16  department shall deposit the proceeds of the sale into the

17  trust fund.

18         (4)  Interest on moneys deposited in the Nonmandatory

19  Land Reclamation Trust Fund shall accrue to that fund.

20         (5)  Funds within the Nonmandatory Land Reclamation

21  Trust Fund are also authorized for use by the department for

22  the following purposes:

23         (a)  To reclaim lands disturbed by the severance of

24  phosphate rock on or after July 1, 1975, in the event that a

25  mining company ceases mining and the associated reclamation

26  prior to all lands disturbed by the operation being reclaimed.

27  Moneys expended by the department to accomplish reclamation

28  pursuant to this subsection shall become a lien upon the

29  property enforceable pursuant to chapter 85. The moneys

30  received as a result of a lien foreclosure or as repayment

31  shall be deposited into the trust fund. In the event the money


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 1  received as a result of lien foreclosure or repayment is less

 2  than the amount expended for reclamation, the department shall

 3  use all means available to recover, for the use of the fund,

 4  the difference from the affected parties. Paragraph (3)(b)

 5  shall apply to lands acquired as a result of a lien

 6  foreclosure.

 7         (b)  For the abatement of an imminent hazard as

 8  provided by s. 403.4154(4) and for the purpose of closing an

 9  abandoned phosphogypsum stack system and carrying out

10  postclosure care as provided by s. 403.4154(6).

11         (c)  For the purpose of funding basic management or

12  protection of reclaimed, restored, or preserved phosphate

13  lands:

14         1.  Which have wildlife habitat value as determined by

15  the Bureau of Mine Reclamation;

16         2.  Which have been transferred by the landowner to a

17  public agency or a private, nonprofit land conservation and

18  management entity in fee simple, or which have been made

19  subject to a conservation easement pursuant to s. 704.06; and

20         3.  For which other management funding options are not

21  available.

22  

23  These funds may, after the basic management or protection has

24  been assured for all such lands, be combined with other

25  available funds to provide a higher level of management for

26  such lands.

27         (d)  For the sole purpose of funding the department's

28  implementation of:

29         1.  The NPDES permitting program authorized by s.

30  403.0885, as it applies to phosphate mining and beneficiation

31  


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 1  facilities, phosphate fertilizer production facilities, and

 2  phosphate loading and handling facilities;

 3         2.  The regulation of dams in accordance with

 4  department rule 62-672, Florida Administrative Code; and

 5         3.  The phosphogypsum management program pursuant to s.

 6  403.4154 and department rule 62-673, Florida Administrative

 7  Code.

 8         (6)  Should the nonmandatory land reclamation program

 9  encumber all the funds in the Nonmandatory Land Reclamation

10  Trust Fund except those reserved by subsection (5) prior to

11  funding all the reclamation applications for eligible parcels,

12  the funds reserved by subsection (5) shall be available to the

13  program to the extent required to complete the reclamation of

14  all eligible parcels for which the department has received

15  applications.

16         (7)  The department may not accept any applications for

17  nonmandatory land reclamation programs after January 1, 2005.

18         (8)  The Bureau of Mine Reclamation shall review the

19  sufficiency of the Nonmandatory Land Reclamation Trust Fund to

20  support the stated objectives and report to the secretary

21  annually with recommendations as appropriate.

22         (9)  For the 2003-2004 fiscal year only,

23  notwithstanding the provisions of subsections (5) and (6), the

24  department is authorized to expend the moneys appropriated in

25  the General Appropriations Act for the abatement of imminent

26  hazards caused by, and for the closure of, abandoned

27  phosphogypsum stack systems as provided in subsections (3) and

28  (5) of s. 403.4154, respectively. This subsection expires July

29  1, 2004.

30  

31  


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 1  For the 2003-2004 fiscal year the department may not approve

 2  or encumber nonmandatory reclamation projects in amounts

 3  greater than $15 million.

 4  

 5         Reviser's note.--Subsection (9), which relates

 6         to authorization of the Department of

 7         Environmental Protection to expend appropriated

 8         moneys for the abatement of imminent hazards

 9         caused by, and for the closure of, abandoned

10         phosphogypsum stack systems for the 2003-2004

11         fiscal year only, expired pursuant to its own

12         terms, effective July 1, 2004. The flush left

13         paragraph at the end of s. 378.035 is repealed

14         to conform to the fact that it prohibits

15         approval of specified moneys for the 2003-2004

16         fiscal year only.

17  

18         Section 28.  Section 383.410, Florida Statutes, is

19  repealed.

20  

21         Reviser's note.--The cited section, which

22         relates to confidential information obtained by

23         the State Child Abuse Death Review Committee,

24         or specified related committees or panels, is

25         repealed to confirm the October 2, 2004, repeal

26         of an exemption in accordance with s. 119.15,

27         the Open Government Sunset Review Act of 1995.

28  

29         Section 29.  Subsection (3) of section 202.35, Florida

30  Statutes, is amended to read:

31  


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 1         202.35  Powers of department in dealing with

 2  delinquents; tax to be separately stated.--

 3         (3)  If a dealer or other person fails or refuses to

 4  make his or her records available for inspection so that an

 5  audit or examination of his or her books and records cannot be

 6  made, fails or refuses to register as a dealer, fails to make

 7  a report and pay the tax as provided by this chapter, makes a

 8  grossly incorrect report, or makes a report that is false or

 9  fraudulent, the department shall make an assessment from an

10  estimate based upon the best information then available to it

11  for the taxable period of retail sales of the dealer, together

12  with any accrued interest and penalties. The department shall

13  then proceed to collect the taxes, interest, and penalties on

14  the basis of such assessment, which shall be considered prima

15  facie correct; and the burden to show the contrary rests upon

16  the dealer or other person. If the dealer fails to respond to

17  a contact made pursuant to s. 202.27(6) or a notice issued

18  pursuant to s. 202.27(7), or if a dealer's records are

19  determined to be inadequate for purposes of determining

20  whether the dealer properly allocated tax to and between local

21  governments, the department may determine the proper

22  allocation or reallocation based upon the best information

23  available to the department and shall seek the agreement of

24  the affected local governments.

25  

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

27         repeal of s. 202.27(7) by this act to confirm

28         the repeal of the subsection by s. 6, ch.

29         2003-254, Laws of Florida, effective June 30,

30         2004.

31  


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 1         Section 30.  Paragraph (a) of subsection (1) of section

 2  627.732, Florida Statutes, is amended to read:

 3         627.732  Definitions.--As used in ss. 627.730-627.7405,

 4  the term:

 5         (1)  "Broker" means any person not possessing a license

 6  under chapter 395, chapter 400, chapter 458, chapter 459,

 7  chapter 460, chapter 461, or chapter 641 who charges or

 8  receives compensation for any use of medical equipment and is

 9  not the 100-percent owner or the 100-percent lessee of such

10  equipment. For purposes of this section, such owner or lessee

11  may be an individual, a corporation, a partnership, or any

12  other entity and any of its 100-percent-owned affiliates and

13  subsidiaries. For purposes of this subsection, the term

14  "lessee" means a long-term lessee under a capital or operating

15  lease, but does not include a part-time lessee. The term

16  "broker" does not include a hospital or physician management

17  company whose medical equipment is ancillary to the practices

18  managed, a debt collection agency, or an entity that has

19  contracted with the insurer to obtain a discounted rate for

20  such services; nor does the term include a management company

21  that has contracted to provide general management services for

22  a licensed physician or health care facility and whose

23  compensation is not materially affected by the usage or

24  frequency of usage of medical equipment or an entity that is

25  100-percent owned by one or more hospitals or physicians. The

26  term "broker" does not include a person or entity that

27  certifies, upon request of an insurer, that:

28         (a)  It is a clinic registered under s. 456.0375 or

29  licensed under ss. 400.990-400.995;

30  

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    ENROLLED

    2005 Legislature                                       SB 1338



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

 2         repeal of s. 456.0375 by this act to confirm

 3         the repeal of s. 456.0375 by s. 15, ch.

 4         2003-411, Laws of Florida, effective March 1,

 5         2004.

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