Senate Bill sb1772
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Florida Senate - 2006 SB 1772
By Senator Pruitt
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1 A reviser's bill to be entitled
2 An act relating to the Florida Statutes;
3 amending ss. 17.076, 20.165, 23.21, 27.51,
4 28.2222, 39.3035, 43.16, 98.077, 101.051,
5 101.111, 112.0455, 112.061, 112.31901, 119.071,
6 119.15, 161.72, 161.74, 163.3180, 163.3184,
7 163.3187, 201.15, 202.26, 215.965, 216.136,
8 253.01, 253.03, 253.74, 316.272, 320.0843,
9 320.27, 322.121, 337.195, 339.2819, 348.9932,
10 373.036, 373.0361, 373.1961, 373.421, 375.075,
11 390.01114, 402.7305, 403.813, 404.056, 406.11,
12 409.165, 409.814, 409.91196, 440.05, 443.121,
13 445.009, 466.004, 475.713, 475.801, 475.805,
14 497.458, 497.459, 499.024, 517.12, 553.792,
15 553.80, 553.842, 553.8425, 556.102, 570.076,
16 608.4355, 608.4381, 620.1108, 620.1110,
17 620.1204, 620.1207, 620.1407, 620.2118,
18 620.2120, 620.2204, 620.8101, 620.8702,
19 620.8703, 624.501, 624.509, 626.9911, 627.351,
20 627.3511, 627.6418, 627.6613, 627.711,
21 627.7295, 633.026, 633.539, 634.021, 634.401,
22 636.223, 641.31, 658.12, 694.16, 721.13,
23 732.103, 739.104, 765.101, 774.203, 774.204,
24 774.205, 774.208, 784.046, 790.25, 872.05,
25 895.09, 938.29, 943.04353, 948.012, 948.03,
26 948.061, 948.062, 1008.25, and 1013.30, F.S.;
27 reenacting ss. 267.0619, 339.64, and 397.405,
28 F.S.; and repealing ss. 624.91(3)(d) and
29 626.8411(2)(d), F.S.; pursuant to s. 11.242,
30 F.S.; deleting provisions that have expired,
31 have become obsolete, have had their effect,
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1 have served their purpose, or have been
2 impliedly repealed or superseded; replacing
3 incorrect cross-references and citations;
4 correcting grammatical, typographical, and like
5 errors; removing inconsistencies, redundancies,
6 and unnecessary repetition in the statutes;
7 improving the clarity of the statutes and
8 facilitating their correct interpretation;
9 confirming the restoration of provisions
10 unintentionally omitted from republication in
11 the acts of the Legislature during the
12 amendatory process; and conforming to the
13 directive of the Legislature in s. 1, ch.
14 93-199, Laws of Florida, to remove
15 gender-specific references applicable to human
16 beings from the Florida Statutes without
17 substantive change in legal effect.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (5) of section 17.076, Florida
22 Statutes, is amended to read:
23 17.076 Direct deposit of funds.--
24 (5) All direct deposit records made prior to October
25 1, 1986, are exempt from the provisions of s. 119.07(1). With
26 respect to direct deposit records made on or after October 1,
27 1986, the names of the authorized financial institutions and
28 the account numbers of the beneficiaries are confidential and
29 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
30 I of the State Constitution. Notwithstanding this exemption
31 and the provisions of s. 119.071(5)(b) 119.07(3)(dd), the
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1 department may provide a state university, upon request, with
2 that university's employee or vendor direct deposit
3 authorization information on file with the department in order
4 to accommodate the transition to the university accounting
5 system. The state university shall maintain the
6 confidentiality of all such information provided by the
7 department.
8
9 Reviser's note.--Amended to conform to the
10 redesignation of s. 119.07(3)(dd) as s.
11 119.07(6)(dd) by s. 7, ch. 2004-335, Laws of
12 Florida, and the further redesignation of s.
13 119.07(6)(dd) as s. 119.071(5)(b) by s. 25, ch.
14 2005-251, Laws of Florida.
15
16 Section 2. Paragraph (b) of subsection (9) of section
17 20.165, Florida Statutes, is amended to read:
18 20.165 Department of Business and Professional
19 Regulation.--There is created a Department of Business and
20 Professional Regulation.
21 (9)
22 (b) All employees certified under chapter 943 as law
23 enforcement officers shall have felony arrest powers under s.
24 901.15(12) 901.15(10) and shall have all the powers of deputy
25 sheriffs to:
26 1. Investigate, enforce, and prosecute, throughout the
27 state, violations and violators of:
28 a. Parts I and II of chapter 210; part VII of chapter
29 559; and chapters 561-569; and the rules promulgated
30 thereunder, as well as other state laws which the division,
31
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1 all state law enforcement officers, or beverage enforcement
2 agents are specifically authorized to enforce.
3 b. All other state laws, provided that the employee
4 exercises the powers of a deputy sheriff, only after
5 consultation and in coordination with the appropriate local
6 sheriff's office, and only if the violation could result in an
7 administrative proceeding against a license or permit issued
8 by the division.
9 2. Enforce all criminal laws of the state within
10 specified jurisdictions when the division is a party to a
11 written mutual aid agreement with a state agency, sheriff, or
12 municipal police department, or when the division participates
13 in the Florida Mutual Aid Plan during a declared state
14 emergency.
15
16 Reviser's note.--Amended to conform to the
17 current location of referenced material in s.
18 901.15, relating to felony arrest powers. The
19 reference as added by s. 1, ch. 95-346, Laws of
20 Florida, was originally to s. 901.15(11). That
21 material has been redesignated several times
22 since and is currently in s. 901.15(12).
23
24 Section 3. Subsection (1) of section 23.21, Florida
25 Statutes, is amended to read:
26 23.21 Definitions.--For purposes of this part:
27 (1) "Department" means a principal administrative unit
28 within the executive branch of state government, as defined in
29 chapter 20, and includes the State Board of Administration,
30 the Executive Office of the Governor, the Fish and Wildlife
31 Conservation Commission, the Parole Commission, the Agency for
4
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1 Health Care Administration, the Board of Regents, the State
2 Board of Community Colleges, the Justice Administrative
3 Commission, the capital collateral regional counsel
4 Representative, and separate budget entities placed for
5 administrative purposes within a department.
6
7 Reviser's note.--Amended to conform to the
8 replacement of the capital collateral
9 representative with capital collateral regional
10 counsel in s. 27.701 by s. 1, ch. 97-313, Laws
11 of Florida.
12
13 Section 4. Paragraph (a) of subsection (5) of section
14 27.51, Florida Statutes, is amended to read:
15 27.51 Duties of public defender.--
16 (5)(a) When direct appellate proceedings prosecuted by
17 a public defender on behalf of an accused and challenging a
18 judgment of conviction and sentence of death terminate in an
19 affirmance of such conviction and sentence, whether by the
20 Florida Supreme Court or by the United States Supreme Court or
21 by expiration of any deadline for filing such appeal in a
22 state or federal court, the public defender shall notify the
23 accused of his or her rights pursuant to Rule 3.850, Florida
24 Rules of Criminal Procedure, including any time limits
25 pertinent thereto, and shall advise such person that
26 representation in any collateral proceedings is the
27 responsibility of the capital collateral regional counsel
28 representative. The public defender shall then forward all
29 original files on the matter to the capital collateral
30 regional counsel representative, retaining such copies for his
31 or her files as may be desired. However, the trial court shall
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1 retain the power to appoint the public defender or other
2 attorney not employed by the capital collateral regional
3 counsel representative to represent such person in proceedings
4 for relief by executive clemency pursuant to ss. 27.40 and
5 27.5303.
6
7 Reviser's note.--Amended to conform to the
8 replacement of the capital collateral
9 representative with capital collateral regional
10 counsel in s. 27.701 by s. 1, ch. 97-313, Laws
11 of Florida.
12
13 Section 5. Section 28.2222, Florida Statutes, is
14 amended to read:
15 28.2222 Public records capital improvement plan.--On
16 or before December 1, 1995, and on or before December 1 of
17 each year immediately preceding each year in which the Public
18 Records Modernization Trust Fund is scheduled for review under
19 s. 19(f)(2), Art. III of the State Constitution, each clerk of
20 the circuit court shall file a 4-year capital improvement plan
21 with the President of the Senate and the Speaker of the House
22 of Representatives. The plan must specify the clerk's goals
23 for modernizing and improving the storage of, and public
24 access to, public records and must state the manner in which
25 moneys from the trust fund will be expended to obtain the
26 stated objectives. The plan must specify the methodology used
27 to determine the projected cost to implement the plan and to
28 determine the projected revenue to meet the cost. The plan due
29 December 1, 1995, must report on the period from November 4,
30 1996, through September 30, 1999. Each subsequent capital
31 improvement plan must state the progress made in fulfilling
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1 the objectives listed in the previously filed capital
2 improvement plan and must state the manner in which moneys
3 from the trust fund were expended to reach those objectives.
4
5 Reviser's note.--Amended to delete obsolete
6 language relating to an initial public records
7 capital improvement plan that was due December
8 1, 1995.
9
10 Section 6. Subsection (3) of section 39.3035, Florida
11 Statutes, is amended to read:
12 39.3035 Child advocacy centers; standards; state
13 funding.--
14 (3) A child advocacy center within this state may not
15 receive the funds generated pursuant to s. 938.10 983.10,
16 state or federal funds administered by a state agency, or any
17 other funds appropriated by the Legislature unless all of the
18 standards of subsection (1) are met and the screening
19 requirement of subsection (2) is met. The Florida Network of
20 Children's Advocacy Centers, Inc., shall be responsible for
21 tracking and documenting compliance with subsections (1) and
22 (2) for any of the funds it administers to member child
23 advocacy centers.
24
25 Reviser's note.--Amended to correct a reference
26 to nonexistent s. 983.10; s. 938.10 relates to
27 added court costs imposed in certain cases
28 involving crimes against minors.
29
30 Section 7. Paragraph (a) of subsection (5) of section
31 43.16, Florida Statutes, is amended to read:
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1 43.16 Justice Administrative Commission; membership,
2 powers and duties.--
3 (5) The duties of the commission shall include, but
4 not be limited to, the following:
5 (a) The maintenance of a central state office for
6 administrative services and assistance when possible to and on
7 behalf of the state attorneys and public defenders of Florida,
8 the office of capital collateral regional counsel
9 representative of Florida, and the Guardian Ad Litem Program.
10
11 Reviser's note.--Amended to conform to the
12 replacement of the Office of Capital Collateral
13 Representative with capital collateral regional
14 counsel in s. 27.701 by s. 1, ch. 97-313, Laws
15 of Florida.
16
17 Section 8. Subsection (3) of section 98.077, Florida
18 Statutes, is amended to read:
19 98.077 Update of voter signature.--
20 (3) At least once during each general election year,
21 the supervisor shall publish in a newspaper of general
22 circulation or other newspaper in the county deemed
23 appropriate by the supervisor a notice specifying when, where,
24 or how a voter can update his or her signature that is on file
25 and how a voter can obtain a voter registration application
26 from a voter registration official to do so.
27
28 Reviser's note.--Amended to confirm the
29 deletion by the editors of the words "to do so"
30 following the word "official" to improve
31 clarity.
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1 Section 9. Subsection (4) of section 101.051, Florida
2 Statutes, is amended to read:
3 101.051 Electors seeking assistance in casting
4 ballots; oath to be executed; forms to be furnished.--
5 (4) If an elector needs assistance in voting pursuant
6 to the provisions of this section, the clerk or one of the
7 inspectors shall require the elector requesting assistance in
8 voting to take the following oath:
9
10 DECLARATION TO SECURE ASSISTANCE
11
12 State of Florida
13 County of ....
14 Date ....
15 Precinct ....
16
17 I, ...(Print name)..., swear or affirm that I am a
18 registered elector and request assistance from ...(Print
19 names)... in voting at the ...(name of election)... held on
20 ...(date of election)....
21
22 ...(Signature of voter assistor)...
23
24 Sworn and subscribed to before me this .... day of ....,
25 ...(year)....
26
27 ...(Signature of Official Administering Oath)...
28
29
30 Reviser's note.--Amended to confirm the
31 substitution by the editors of the word "voter"
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1 for the word "assistor" to conform to context
2 and correct a coding error.
3
4 Section 10. Subsection (4) of section 101.111, Florida
5 Statutes, is amended to read:
6 101.111 Person desiring to vote may be challenged;
7 challenger to execute oath; oath of person challenged;
8 determination of challenge.--
9 (4) Any elector or poll watcher filing a frivolous
10 challenge of any person's right to vote commits a misdemeanor
11 of the first degree, punishable as provided in s. 775.082, or
12 s. 775.083, or s. 775.084; however, electors or poll watchers
13 shall not be subject to liability for any action taken in good
14 faith and in furtherance of any activity or duty permitted of
15 such electors or poll watchers by law. Each instance where any
16 elector or poll watcher files a frivolous challenge of any
17 person's right to vote constitutes a separate offense.
18
19 Reviser's note.--Amended to delete an erroneous
20 reference. Section 775.084 does not relate to
21 misdemeanors; it relates to violent career
22 criminals, habitual felony offenders, and
23 habitual violent felony offenders.
24
25 Section 11. Paragraph (f) of subsection (13) of
26 section 112.0455, Florida Statutes, is amended to read:
27 112.0455 Drug-Free Workplace Act.--
28 (13) RULES.--
29 (f) The Justice Administrative Commission may adopt
30 rules on behalf of the state attorneys and public defenders of
31 Florida, the Office of capital collateral regional counsel
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1 Representative of Florida, and the Judicial Qualifications
2 Commission.
3
4 This section shall not be construed to eliminate the
5 bargainable rights as provided in the collective bargaining
6 process where applicable.
7
8 Reviser's note.--Amended to conform to the
9 replacement of the Office of Capital Collateral
10 Representative with capital collateral regional
11 counsel in s. 27.701 by s. 1, ch. 97-313, Laws
12 of Florida.
13
14 Section 12. Paragraph (d) of subsection (7) of section
15 112.061, Florida Statutes, is amended to read:
16 112.061 Per diem and travel expenses of public
17 officers, employees, and authorized persons.--
18 (7) TRANSPORTATION.--
19 (d)1. The use of privately owned vehicles for official
20 travel in lieu of publicly owned vehicles or common carriers
21 may be authorized by the agency head or his or her designee.
22 Whenever travel is by privately owned vehicle, the traveler
23 shall be entitled to a mileage allowance at a fixed rate of 25
24 cents per mile for state fiscal year 1994-1995 and 29 cents
25 per mile thereafter or the common carrier fare for such
26 travel, as determined by the agency head. Reimbursement for
27 expenditures related to the operation, maintenance, and
28 ownership of a vehicle shall not be allowed when privately
29 owned vehicles are used on public business and reimbursement
30 is made pursuant to this paragraph, except as provided in
31 subsection (8).
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1 2. All mileage shall be shown from point of origin to
2 point of destination and, when possible, shall be computed on
3 the basis of the current map of the Department of
4 Transportation. Vicinity mileage necessary for the conduct of
5 official business is allowable but must be shown as a separate
6 item on the expense voucher.
7
8 Reviser's note.--Amended to delete obsolete
9 language relating to a mileage rate for the
10 1994-1995 fiscal year.
11
12 Section 13. Subsection (1) of section 112.31901,
13 Florida Statutes, is amended to read:
14 112.31901 Investigatory records.--
15 (1) If certified pursuant to subsection (2), an
16 investigatory record of the Chief Inspector General within the
17 Executive Office of the Governor or of the employee designated
18 by an agency head as the agency inspector general under s.
19 112.3189 is exempt from s. 119.07(1) and s. 24(a), Art. I of
20 the State Constitution until the investigation registration
21 ceases to be active, or a report detailing the investigation
22 is provided to the Governor or the agency head, or 60 days
23 from the inception of the investigation for which the record
24 was made or received, whichever first occurs. Investigatory
25 records are those records that are related to the
26 investigation of an alleged, specific act or omission or other
27 wrongdoing, with respect to an identifiable person or group of
28 persons, based on information compiled by the Chief Inspector
29 General or by an agency inspector general, as named under the
30 provisions of s. 112.3189, in the course of an investigation.
31 An investigation is active if it is continuing with a
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1 reasonable, good faith anticipation of resolution and with
2 reasonable dispatch.
3
4 Reviser's note.--Amended to correct an apparent
5 drafting error and to conform to context.
6
7 Section 14. Paragraph (d) of subsection (4) and
8 paragraph (a) of subsection (5) of section 119.071, Florida
9 Statutes, are amended to read:
10 119.071 General exemptions from inspection or copying
11 of public records.--
12 (4) AGENCY PERSONNEL INFORMATION.--
13 (d)1. The home addresses, telephone numbers, social
14 security numbers, and photographs of active or former law
15 enforcement personnel, including correctional and correctional
16 probation officers, personnel of the Department of Children
17 and Family Services whose duties include the investigation of
18 abuse, neglect, exploitation, fraud, theft, or other criminal
19 activities, personnel of the Department of Health whose duties
20 are to support the investigation of child abuse or neglect,
21 and personnel of the Department of Revenue or local
22 governments whose responsibilities include revenue collection
23 and enforcement or child support enforcement; the home
24 addresses, telephone numbers, social security numbers,
25 photographs, and places of employment of the spouses and
26 children of such personnel; and the names and locations of
27 schools and day care facilities attended by the children of
28 such personnel are exempt from s. 119.07(1). The home
29 addresses, telephone numbers, and photographs of firefighters
30 certified in compliance with s. 633.35; the home addresses,
31 telephone numbers, photographs, and places of employment of
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1 the spouses and children of such firefighters; and the names
2 and locations of schools and day care facilities attended by
3 the children of such firefighters are exempt from s.
4 119.07(1). The home addresses and telephone numbers of
5 justices of the Supreme Court, district court of appeal
6 judges, circuit court judges, and county court judges; the
7 home addresses, telephone numbers, and places of employment of
8 the spouses and children of justices and judges; and the names
9 and locations of schools and day care facilities attended by
10 the children of justices and judges are exempt from s.
11 119.07(1). The home addresses, telephone numbers, social
12 security numbers, and photographs of current or former state
13 attorneys, assistant state attorneys, statewide prosecutors,
14 or assistant statewide prosecutors; the home addresses,
15 telephone numbers, social security numbers, photographs, and
16 places of employment of the spouses and children of current or
17 former state attorneys, assistant state attorneys, statewide
18 prosecutors, or assistant statewide prosecutors; and the names
19 and locations of schools and day care facilities attended by
20 the children of current or former state attorneys, assistant
21 state attorneys, statewide prosecutors, or assistant statewide
22 prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I
23 of the State Constitution.
24 2. The home addresses, telephone numbers, social
25 security numbers, and photographs of current or former human
26 resource, labor relations, or employee relations directors,
27 assistant directors, managers, or assistant managers of any
28 local government agency or water management district whose
29 duties include hiring and firing employees, labor contract
30 negotiation, administration, or other personnel-related
31 duties; the names, home addresses, telephone numbers, social
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1 security numbers, photographs, and places of employment of the
2 spouses and children of such personnel; and the names and
3 locations of schools and day care facilities attended by the
4 children of such personnel are exempt from s. 119.07(1) and s.
5 24(a), Art. I of the State Constitution. This subparagraph is
6 subject to the Open Government Sunset Review Act in accordance
7 with s. 119.15 and shall stand repealed on October 2, 2006,
8 unless reviewed and saved from repeal through reenactment by
9 the Legislature.
10 3. The home addresses, telephone numbers, social
11 security numbers, and photographs of current or former United
12 States attorneys and assistant United States attorneys; the
13 home addresses, telephone numbers, social security numbers,
14 photographs, and places of employment of the spouses and
15 children of current or former United States attorneys and
16 assistant United States attorneys; and the names and locations
17 of schools and day care facilities attended by the children of
18 current or former United States attorneys and assistant United
19 States attorneys are exempt from s. 119.07(1) and s. 24(a),
20 Art. I of the State Constitution. This subparagraph is subject
21 to the Open Government Sunset Review Act in accordance with s.
22 119.15 and shall stand repealed on October 2, 2009, unless
23 reviewed and saved from repeal through reenactment by the
24 Legislature.
25 4. The home addresses, telephone numbers, social
26 security numbers, and photographs of current or former judges
27 of United States Courts of Appeal, United States district
28 judges, and United States magistrate judges; the home
29 addresses, telephone numbers, social security numbers,
30 photographs, and places of employment of the spouses and
31 children of current or former judges of United States Courts
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1 of Appeal, United States district judges, and United States
2 magistrate judges; and the names and locations of schools and
3 day care facilities attended by the children of current or
4 former judges of United States Courts of Appeal, United States
5 district judges, and United States magistrate judges are
6 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
7 Constitution. This subparagraph is subject to the Open
8 Government Sunset Review Act in accordance with s. 119.15 and
9 shall stand repealed on October 2, 2009, unless reviewed and
10 saved from repeal through reenactment by the Legislature.
11 5. The home addresses, telephone numbers, social
12 security numbers, and photographs of current or former code
13 enforcement officers; the names, home addresses, telephone
14 numbers, social security numbers, photographs, and places of
15 employment of the spouses and children of such persons; and
16 the names and locations of schools and day care facilities
17 attended by the children of such persons are exempt from s.
18 119.07(1) and s. 24(a), Art. I of the State Constitution. This
19 subparagraph is subject to the Open Government Sunset Review
20 Act in accordance with s. 119.15 and shall stand repealed on
21 October 2, 2006, unless reviewed and saved from repeal through
22 reenactment by the Legislature.
23 6. The home addresses, telephone numbers, places of
24 employment, and photographs of current or former guardians ad
25 litem, as defined in s. 39.820, and the names, home addresses,
26 telephone numbers, and places of employment of the spouses and
27 children of such persons, are exempt from s. 119.07(1)
28 subsection (1) and s. 24(a), Art. I of the State Constitution,
29 if the guardian ad litem provides a written statement that the
30 guardian ad litem has made reasonable efforts to protect such
31 information from being accessible through other means
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1 available to the public. This subparagraph is subject to the
2 Open Government Sunset Review Act of 1995 in accordance with
3 s. 119.15 and shall stand repealed on October 2, 2010, unless
4 reviewed and saved from repeal through reenactment by the
5 Legislature.
6 7. An agency that is the custodian of the personal
7 information specified in subparagraph 1., subparagraph 2.,
8 subparagraph 3., subparagraph 4., subparagraph 5., or
9 subparagraph 6. and that is not the employer of the officer,
10 employee, justice, judge, or other person specified in
11 subparagraph 1., subparagraph 2., subparagraph 3.,
12 subparagraph 4., subparagraph 5., or subparagraph 6. shall
13 maintain the exempt status of the personal information only if
14 the officer, employee, justice, judge, other person, or
15 employing agency of the designated employee submits a written
16 request for maintenance of the exemption to the custodial
17 agency.
18 (5) OTHER PERSONAL INFORMATION.--
19 (a)1. The Legislature acknowledges that the social
20 security number was never intended to be used for business
21 purposes but was intended to be used solely for the
22 administration of the federal Social Security System. The
23 Legislature is further aware that over time this unique
24 numeric identifier has been used extensively for identity
25 verification purposes and other legitimate consensual
26 purposes. The Legislature is also cognizant of the fact that
27 the social security number can be used as a tool to perpetuate
28 fraud against a person and to acquire sensitive personal,
29 financial, medical, and familial information, the release of
30 which could cause great financial or personal harm to an
31 individual. The Legislature intends to monitor the commercial
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1 use of social security numbers held by state agencies in order
2 to maintain a balanced public policy.
3 2. An agency shall not collect an individual's social
4 security number unless authorized by law to do so or unless
5 the collection of the social security number is otherwise
6 imperative for the performance of that agency's duties and
7 responsibilities as prescribed by law. Social security numbers
8 collected by an agency must be relevant to the purpose for
9 which collected and shall not be collected until and unless
10 the need for social security numbers has been clearly
11 documented. An agency that collects social security numbers
12 shall also segregate that number on a separate page from the
13 rest of the record, or as otherwise appropriate, in order that
14 the social security number be more easily redacted, if
15 required, pursuant to a public records request. An agency
16 collecting a person's social security number shall, upon that
17 person's request, at the time of or prior to the actual
18 collection of the social security number by that agency,
19 provide that person with a statement of the purpose or
20 purposes for which the social security number is being
21 collected and used. Social security numbers collected by an
22 agency shall not be used by that agency for any purpose other
23 than the purpose stated. Social security numbers collected by
24 an agency prior to May 13, 2002, shall be reviewed for
25 compliance with this subparagraph. If the collection of a
26 social security number prior to May 13, 2002, is found to be
27 unwarranted, the agency shall immediately discontinue the
28 collection of social security numbers for that purpose.
29 3. Effective October 1, 2002, all social security
30 numbers held by an agency are confidential and exempt from s.
31 119.07(1) and s. 24(a), Art. I of the State Constitution. This
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1 exemption applies to all social security numbers held by an
2 agency before, on, or after the effective date of this
3 exemption.
4 4. Social security numbers may be disclosed to another
5 governmental entity or its agents, employees, or contractors
6 if disclosure is necessary for the receiving entity to perform
7 its duties and responsibilities. The receiving governmental
8 entity and its agents, employees, and contractors shall
9 maintain the confidential and exempt status of such numbers.
10 5. An agency shall not deny a commercial entity
11 engaged in the performance of a commercial activity as defined
12 in s. 14.203 or its agents, employees, or contractors access
13 to social security numbers, provided the social security
14 numbers will be used only in the normal course of business for
15 legitimate business purposes, and provided the commercial
16 entity makes a written request for social security numbers,
17 verified as provided in s. 92.525, legibly signed by an
18 authorized officer, employee, or agent of the commercial
19 entity. The verified written request must contain the
20 commercial entity's name, business mailing and location
21 addresses, business telephone number, and a statement of the
22 specific purposes for which it needs the social security
23 numbers and how the social security numbers will be used in
24 the normal course of business for legitimate business
25 purposes. The aggregate of these requests shall serve as the
26 basis for the agency report required in subparagraph 8. An
27 agency may request any other information reasonably necessary
28 to verify the identity of the entity requesting the social
29 security numbers and the specific purposes for which such
30 numbers will be used; however, an agency has no duty to
31 inquire beyond the information contained in the verified
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1 written request. A legitimate business purpose includes
2 verification of the accuracy of personal information received
3 by a commercial entity in the normal course of its business;
4 use in a civil, criminal, or administrative proceeding; use
5 for insurance purposes; use in law enforcement and
6 investigation of crimes; use in identifying and preventing
7 fraud; use in matching, verifying, or retrieving information;
8 and use in research activities. A legitimate business purpose
9 does not include the display or bulk sale of social security
10 numbers to the general public or the distribution of such
11 numbers to any customer that is not identifiable by the
12 distributor.
13 6. Any person who makes a false representation in
14 order to obtain a social security number pursuant to this
15 paragraph, or any person who willfully and knowingly violates
16 this paragraph, commits a felony of the third degree,
17 punishable as provided in s. 775.082 or s. 775.083. Any public
18 officer who violates this paragraph is guilty of a noncriminal
19 infraction, punishable by a fine not exceeding $500. A
20 commercial entity that provides access to public records
21 containing social security numbers in accordance with this
22 paragraph is not subject to the penalty provisions of this
23 subparagraph.
24 7.a. On or after October 1, 2002, a person preparing
25 or filing a document to be recorded in the official records by
26 the county recorder as provided for in chapter 28 may not
27 include any person's social security number in that document,
28 unless otherwise expressly required by law. If a social
29 security number is or has been included in a document
30 presented to the county recorder for recording in the official
31 records of the county before, on, or after October 1, 2002, it
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1 may be made available as part of the official record available
2 for public inspection and copying.
3 b. Any person, or his or her attorney or legal
4 guardian, has the right to request that a county recorder
5 remove, from an image or copy of an official record placed on
6 a county recorder's publicly available Internet website or a
7 publicly available Internet website used by a county recorder
8 to display public records or otherwise made electronically
9 available to the general public by such recorder, his or her
10 social security number contained in that official record. Such
11 request must be made in writing, legibly signed by the
12 requester and delivered by mail, facsimile, or electronic
13 transmission, or delivered in person, to the county recorder.
14 The request must specify the identification page number that
15 contains the social security number to be redacted. The county
16 recorder has no duty to inquire beyond the written request to
17 verify the identity of a person requesting redaction. A fee
18 shall not be charged for the redaction of a social security
19 number pursuant to such request.
20 c. A county recorder shall immediately and
21 conspicuously post signs throughout his or her offices for
22 public viewing and shall immediately and conspicuously post a
23 notice, on any Internet website or remote electronic site made
24 available by the county recorder and used for the ordering or
25 display of official records or images or copies of official
26 records, a notice stating, in substantially similar form, the
27 following:
28 (I) On or after October 1, 2002, any person preparing
29 or filing a document for recordation in the official records
30 may not include a social security number in such document,
31 unless required by law.
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1 (II) Any person has a right to request a county
2 recorder to remove, from an image or copy of an official
3 record placed on a county recorder's publicly available
4 Internet website or on a publicly available Internet website
5 used by a county recorder to display public records or
6 otherwise made electronically available to the general public,
7 any social security number contained in an official record.
8 Such request must be made in writing and delivered by mail,
9 facsimile, or electronic transmission, or delivered in person,
10 to the county recorder. The request must specify the
11 identification page number that contains the social security
12 number to be redacted. No fee will be charged for the
13 redaction of a social security number pursuant to such a
14 request.
15 d. Until January 1, 2007, if a social security number,
16 made confidential and exempt pursuant to this paragraph, or a
17 complete bank account, debit, charge, or credit card number
18 made exempt pursuant to paragraph (b) is or has been included
19 in a court file, such number may be included as part of the
20 court record available for public inspection and copying
21 unless redaction is requested by the holder of such number, or
22 by the holder's attorney or legal guardian, in a signed,
23 legibly written request specifying the case name, case number,
24 document heading, and page number. The request must be
25 delivered by mail, facsimile, electronic transmission, or in
26 person to the clerk of the circuit court. The clerk of the
27 circuit court does not have a duty to inquire beyond the
28 written request to verify the identity of a person requesting
29 redaction. A fee may not be charged for the redaction of a
30 social security number or a bank account, debit, charge, or
31 credit card number pursuant to such request.
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1 e. Any person who prepares or files a document to be
2 recorded in the official records by the county recorder as
3 provided in chapter 28 may not include a person's social
4 security number or complete bank account, debit, charge, or
5 credit card number in that document unless otherwise expressly
6 required by law. Until January 1, 2007, if a social security
7 number or a complete bank account, debit, charge, or credit
8 card number is or has been included in a document presented to
9 the county recorder for recording in the official records of
10 the county, such number may be made available as part of the
11 official record available for public inspection and copying.
12 Any person, or his or her attorney or legal guardian, may
13 request that a county recorder remove from an image or copy of
14 an official record placed on a county recorder's publicly
15 available Internet website, or a publicly available Internet
16 website used by a county recorder to display public records
17 outside the office or otherwise made electronically available
18 outside the county recorder's office to the general public,
19 his or her social security number or complete account, debit,
20 charge, or credit card number contained in that official
21 record. Such request must be legibly written, signed by the
22 requester, and delivered by mail, facsimile, electronic
23 transmission, or in person to the county recorder. The request
24 must specify the identification page number of the document
25 that contains the number to be redacted. The county recorder
26 does not have a duty to inquire beyond the written request to
27 verify the identity of a person requesting redaction. A fee
28 may not be charged for redacting such numbers.
29 f. Subparagraphs 5. 2. and 6. 3. do not apply to the
30 clerks of the court or the county recorder with respect to
31 circuit court records and official records.
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1 g. On January 1, 2007, and thereafter, the clerk of
2 the circuit court and the county recorder must keep complete
3 bank account, debit, charge, and credit card numbers exempt as
4 provided for in paragraph (b), and must keep social security
5 numbers confidential and exempt as provided for in
6 subparagraph 3., without any person having to request
7 redaction.
8 8. Beginning January 31, 2004, and each January 31
9 thereafter, every agency must file a report with the Secretary
10 of State, the President of the Senate, and the Speaker of the
11 House of Representatives listing the identity of all
12 commercial entities that have requested social security
13 numbers during the preceding calendar year and the specific
14 purpose or purposes stated by each commercial entity regarding
15 its need for social security numbers. If no disclosure
16 requests were made, the agency shall so indicate.
17 9. Any affected person may petition the circuit court
18 for an order directing compliance with this paragraph.
19 10. This paragraph does not supersede any other
20 applicable public records exemptions existing prior to May 13,
21 2002, or created thereafter.
22 11. This paragraph is subject to the Open Government
23 Sunset Review Act in accordance with s. 119.15 and shall stand
24 repealed October 2, 2007, unless reviewed and saved from
25 repeal through reenactment by the Legislature.
26
27 Reviser's note.--Paragraph (4)(d) is amended to
28 confirm the substitution by the editors of the
29 cite to s. 119.07(1) for a cite to "subsection
30 (1)" [of s. 119.07] to conform to the transfer
31 of s. 119.07(6)(i) to s. 119.071(4)(d) by s.
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1 23, ch. 2005-251, Laws of Florida. The
2 paragraph is also amended to confirm a
3 substitution by the editors of a cite to the
4 Open Government Sunset Review Act for a
5 reference to the Open Government Sunset Review
6 Act of 1995; the short title was revised by s.
7 37, ch. 2005-251. Paragraph (5)(a) was amended
8 to confirm the deletion by the editors of the
9 words "a notice" following the word "post" to
10 eliminate redundancy. Paragraph (5)(a) was also
11 amended to correct a cross-reference; material
12 referenced, formerly at s. 119.0721(3) and (4),
13 was relocated to s. 119.071(5)(a)5. and 6., not
14 s. 119.071(5)(a)2. and 3.
15
16 Section 15. Paragraph (a) of subsection (4) of section
17 119.15, Florida Statutes, is amended to read:
18 119.15 Legislative review of exemptions from public
19 meeting and public records requirements.--
20 (4)(a) A law that enacts a new exemption or
21 substantially amends an existing exemption must state that the
22 record or meeting is:
23 1. Exempt from s. 24 24(a), Art. I of the State
24 Constitution;
25 2. Exempt from s. 119.07(1) or s. 286.011; and
26 3. Repealed at the end of 5 years and that the
27 exemption must be reviewed by the Legislature before the
28 scheduled repeal date.
29
30 Reviser's note.--Amended to correct an apparent
31 error and conform to the reference to s. 24,
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1 Art. I of the State Constitution in subsection
2 (2). Paragraph (4)(a) references exemptions
3 from records or meetings; records are covered
4 in s. 24(a), Art. I; meetings are covered in s.
5 24(b), Art. I.
6
7 Section 16. Subsection (2) of section 161.72, Florida
8 Statutes, is amended to read:
9 161.72 Findings and intent.--
10 (2) It is the intent of the Legislature to create the
11 Oceans and Coastal Resources Council to assist the state in
12 identifying new management strategies to achieve the goal of
13 maximizing the protection and conservation of ocean and
14 coastal resources while recognizing their economic benefits.
15
16 Reviser's note.--Amended to confirm the
17 deletion by the editors of the word "Resources"
18 from a reference to the Oceans and Coastal
19 Resources Council to conform to the name of the
20 Oceans and Coastal Council as referenced in s.
21 161.71(2), which defines the council, and in s.
22 161.73, which provides for creation of the
23 council.
24
25 Section 17. Paragraph (n) of subsection (2) of section
26 161.74, Florida Statutes, is amended to read:
27 161.74 Responsibilities.--
28 (2) RESEARCH PLAN.--The council must complete a
29 Florida Oceans and Coastal Scientific Research Plan which
30 shall be used by the Legislature in making funding decisions.
31 The plan must recommend priorities for scientific research
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1 projects. The plan must be submitted to the President of the
2 Senate and the Speaker of the House of Representatives by
3 January 15, 2006. Thereafter, annual updates to the plan must
4 be submitted to the President of the Senate and the Speaker of
5 the House of Representatives by February 1 of each year. The
6 research projects contained in the plan must meet at least one
7 of the following objectives:
8 (n) Developing a statewide analysis of the economic
9 value associated with ocean and coastal resources, developing
10 economic baseline data, methodologies, and consistent measures
11 of oceans and coastal resource economic activity and value,
12 and developing reports that educate Floridians, the United
13 States Commission on National Ocean Policy Commission, local,
14 state, and federal agencies and others on the importance of
15 ocean and coastal resources.
16
17 Reviser's note.--Amended to confirm the
18 substitution by the editors of a reference to
19 the United States Commission on Ocean Policy
20 for a reference to the National Ocean Policy
21 Commission to conform to the official name of
22 the commission.
23
24 Section 18. Paragraph (b) of subsection (16) of
25 section 163.3180, Florida Statutes, is amended to read:
26 163.3180 Concurrency.--
27 (16) It is the intent of the Legislature to provide a
28 method by which the impacts of development on transportation
29 facilities can be mitigated by the cooperative efforts of the
30 public and private sectors. The methodology used to calculate
31
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1 proportionate fair-share mitigation under this section shall
2 be as provided for in subsection (12).
3 (b)1. In its transportation concurrency management
4 system, a local government shall, by December 1, 2006, include
5 methodologies that will be applied to calculate proportionate
6 fair-share mitigation. A developer may choose to satisfy all
7 transportation concurrency requirements by contributing or
8 paying proportionate fair-share mitigation if transportation
9 facilities or facility segments identified as mitigation for
10 traffic impacts are specifically identified for funding in the
11 5-year schedule of capital improvements in the capital
12 improvements element of the local plan or the long-term
13 concurrency management system or if such contributions or
14 payments to such facilities or segments are reflected in the
15 5-year schedule of capital improvements in the next regularly
16 scheduled update of the capital improvements element. Updates
17 to the 5-year capital improvements element which reflect
18 proportionate fair-share contributions may not be found not in
19 compliance based on ss. 163.3164(32) 163.164(32) and
20 163.3177(3) if additional contributions, payments or funding
21 sources are reasonably anticipated during a period not to
22 exceed 10 years to fully mitigate impacts on the
23 transportation facilities.
24 2. Proportionate fair-share mitigation shall be
25 applied as a credit against impact fees to the extent that all
26 or a portion of the proportionate fair-share mitigation is
27 used to address the same capital infrastructure improvements
28 contemplated by the local government's impact fee ordinance.
29
30 Reviser's note.--Amended to correct a reference
31 to nonexistent s. 163.164(32); s. 163.3164(32),
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1 relating to financial feasibility, conforms to
2 context.
3
4 Section 19. Paragraph (b) of subsection (1) and
5 subsections (4) and (17) of section 163.3184, Florida
6 Statutes, are amended to read:
7 163.3184 Process for adoption of comprehensive plan or
8 plan amendment.--
9 (1) DEFINITIONS.--As used in this section, the term:
10 (b) "In compliance" means consistent with the
11 requirements of ss. 163.3177, 163.31776, when a local
12 government adopts an educational facilities element, 163.3178,
13 163.3180, 163.3191, and 163.3245, with the state comprehensive
14 plan, with the appropriate strategic regional policy plan, and
15 with chapter 9J-5, Florida Administrative Code, where such
16 rule is not inconsistent with this part and with the
17 principles for guiding development in designated areas of
18 critical state concern and with part III of chapter 369, where
19 applicable.
20 (4) INTERGOVERNMENTAL REVIEW.--The governmental
21 agencies specified in paragraph (3)(a) shall provide comments
22 to the state land planning agency within 30 days after receipt
23 by the state land planning agency of the complete proposed
24 plan amendment. If the plan or plan amendment includes or
25 relates to the public school facilities element pursuant to s.
26 163.3177(12) 163.31776, the state land planning agency shall
27 submit a copy to the Office of Educational Facilities of the
28 Commissioner of Education for review and comment. The
29 appropriate regional planning council shall also provide its
30 written comments to the state land planning agency within 30
31 days after receipt by the state land planning agency of the
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1 complete proposed plan amendment and shall specify any
2 objections, recommendations for modifications, and comments of
3 any other regional agencies to which the regional planning
4 council may have referred the proposed plan amendment. Written
5 comments submitted by the public within 30 days after notice
6 of transmittal by the local government of the proposed plan
7 amendment will be considered as if submitted by governmental
8 agencies. All written agency and public comments must be made
9 part of the file maintained under subsection (2).
10 (17) A local government that has adopted a community
11 vision and urban service boundary under s. 163.3177(13) and
12 (14) 163.31773(13) and (14) may adopt a plan amendment related
13 to map amendments solely to property within an urban service
14 boundary in the manner described in subsections (1), (2), (7),
15 (14), (15), and (16) and s. 163.3187(1)(c)1.d. and e., 2., and
16 3., such that state and regional agency review is eliminated.
17 The department may not issue an objections, recommendations,
18 and comments report on proposed plan amendments or a notice of
19 intent on adopted plan amendments; however, affected persons,
20 as defined by paragraph (1)(a), may file a petition for
21 administrative review pursuant to the requirements of s.
22 163.3187(3)(a) to challenge the compliance of an adopted plan
23 amendment. This subsection does not apply to any amendment
24 within an area of critical state concern, to any amendment
25 that increases residential densities allowable in high-hazard
26 coastal areas as defined in s. 163.3178(2)(h), or to a text
27 change to the goals, policies, or objectives of the local
28 government's comprehensive plan. Amendments submitted under
29 this subsection are exempt from the limitation on the
30 frequency of plan amendments in s. 163.3187.
31
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1 Reviser's note.--Paragraph (1)(b) and
2 subsection (4) are amended to conform to the
3 repeal of s. 163.31776 by s. 3, ch. 2005-290,
4 Laws of Florida, and the placement of material
5 relating to a public school facilities element
6 in s. 163.3177(12). Subsection (17) is amended
7 to correct a reference to nonexistent s.
8 163.31773(13) and (14); s. 163.3177(13) and
9 (14) relate to community vision and urban
10 service boundaries, respectively.
11
12 Section 20. Paragraph (l) of subsection (1) of section
13 163.3187, Florida Statutes, is amended to read:
14 163.3187 Amendment of adopted comprehensive plan.--
15 (1) Amendments to comprehensive plans adopted pursuant
16 to this part may be made not more than two times during any
17 calendar year, except:
18 (l) A comprehensive plan amendment to adopt a public
19 educational facilities element pursuant to s. 163.3177(12)
20 163.31776 and future land-use-map amendments for school siting
21 may be approved notwithstanding statutory limits on the
22 frequency of adopting plan amendments.
23
24 Reviser's note.--Amended to conform to the
25 repeal of s. 163.31776 by s. 3, ch. 2005-290,
26 Laws of Florida, and the placement of material
27 relating to a public school facilities element
28 in s. 163.3177(12).
29
30 Section 21. Subsection (13) of section 201.15, Florida
31 Statutes, is amended to read:
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1 201.15 Distribution of taxes collected.--All taxes
2 collected under this chapter shall be distributed as follows
3 and shall be subject to the service charge imposed in s.
4 215.20(1), except that such service charge shall not be levied
5 against any portion of taxes pledged to debt service on bonds
6 to the extent that the amount of the service charge is
7 required to pay any amounts relating to the bonds:
8 (13) The distribution of proceeds deposited into the
9 Water Management Lands Trust Fund and the Conservation and
10 Recreation Lands Trust Fund, pursuant to subsections (4) and
11 (5), shall not be used for land acquisition, but may be used
12 for preacquisition costs associated with land purchases. The
13 Legislature intends that the Florida Forever program supplant
14 the acquisition programs formerly authorized under ss. 259.032
15 and 373.59. Prior to the 2005 Regular Session of the
16 Legislature, the Acquisition and Restoration Council shall
17 review and make recommendations to the Legislature concerning
18 the need to repeal this provision. Based on these
19 recommendations, the Legislature shall review the need to
20 repeal this provision during the 2005 Regular Session.
21
22 Reviser's note.--Amended to delete obsolete
23 language relating to recommendations and a
24 review to be completed in 2005.
25
26 Section 22. Effective July 1, 2007, subsections (10)
27 and (13) of section 201.15, Florida Statutes, as amended by
28 section 1 of chapter 2005-92, Laws of Florida, are amended to
29 read:
30 201.15 Distribution of taxes collected.--All taxes
31 collected under this chapter shall be distributed as follows
32
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1 and shall be subject to the service charge imposed in s.
2 215.20(1), except that such service charge shall not be levied
3 against any portion of taxes pledged to debt service on bonds
4 to the extent that the amount of the service charge is
5 required to pay any amounts relating to the bonds:
6 (10) The lesser lessor of eight and sixty-six
7 hundredths percent of the remaining taxes collected under this
8 chapter or $136 million in each fiscal year shall be paid into
9 the State Treasury to the credit of the State Housing Trust
10 Fund and shall be used as follows:
11 (a) Twelve and one-half percent of that amount shall
12 be deposited into the State Housing Trust Fund and be expended
13 by the Department of Community Affairs and by the Florida
14 Housing Finance Corporation for the purposes for which the
15 State Housing Trust Fund was created and exists by law.
16 (b) Eighty-seven and one-half percent of that amount
17 shall be distributed to the Local Government Housing Trust
18 Fund and shall be used for the purposes for which the Local
19 Government Housing Trust Fund was created and exists by law.
20 Funds from this category may also be used to provide for state
21 and local services to assist the homeless.
22 (13) The distribution of proceeds deposited into the
23 Water Management Lands Trust Fund and the Conservation and
24 Recreation Lands Trust Fund, pursuant to subsections (4) and
25 (5), shall not be used for land acquisition, but may be used
26 for preacquisition costs associated with land purchases. The
27 Legislature intends that the Florida Forever program supplant
28 the acquisition programs formerly authorized under ss. 259.032
29 and 373.59. Prior to the 2005 Regular Session of the
30 Legislature, the Acquisition and Restoration Council shall
31 review and make recommendations to the Legislature concerning
33
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1 the need to repeal this provision. Based on these
2 recommendations, the Legislature shall review the need to
3 repeal this provision during the 2005 Regular Session.
4
5 Reviser's note.--Subsection (10) is amended to
6 confirm the substitution by the editors of the
7 word "lesser" for the word "lessor" to conform
8 to context. Subsection (13) is amended to
9 delete obsolete language relating to
10 recommendations and a review to be completed in
11 2005.
12
13 Section 23. Paragraph (j) of subsection (3) of section
14 202.26, Florida Statutes, is amended to read:
15 202.26 Department powers.--
16 (3) To administer the tax imposed by this chapter, the
17 department may adopt rules relating to:
18 (j) The types of books and records kept in the regular
19 course of business which must be available during an audit of
20 a dealer's books and records when the dealer has made an
21 allocation or attribution pursuant to the definition of sales
22 prices in s. 202.11(13)(b)8. 202.11(14)(b)8. and examples of
23 methods for determining the reasonableness thereof. Books and
24 records kept in the regular course of business include, but
25 are not limited to, general ledgers, price lists, cost
26 records, customer billings, billing system reports, tariffs,
27 and other regulatory filings and rules of regulatory
28 authorities. Such records may be required to be made available
29 to the department in an electronic format when so kept by the
30 dealer. The dealer may support the allocation of charges with
31 books and records kept in the regular course of business
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1 covering the dealer's entire service area, including
2 territories outside this state. During an audit, the
3 department may reasonably require production of any additional
4 books and records found necessary to assist in its
5 determination.
6
7 Reviser's note.--Amended to correct a reference
8 and conform to context. Section 202.11(14) was
9 redesignated as s. 202.11(13) by s. 1, ch.
10 2005-187, Laws of Florida.
11
12 Section 24. Section 215.965, Florida Statutes, is
13 amended to read:
14 215.965 Disbursement of state moneys.--Except as
15 provided in s. 17.076, s. 253.025(14), s. 259.041(18), s.
16 717.124(4)(b) and (c) 717.124(5), s. 732.107(5), or s.
17 733.816(5), all moneys in the State Treasury shall be
18 disbursed by state warrant, drawn by the Chief Financial
19 Officer upon the State Treasury and payable to the ultimate
20 beneficiary. This authorization shall include electronic
21 disbursement.
22
23 Reviser's note.--Amended to conform to the
24 redesignation of s. 717.124(5) as s.
25 717.124(4)(b) and (c) by s. 121, ch. 2004-390,
26 Laws of Florida.
27
28 Section 25. Paragraph (a) of subsection (5) of section
29 216.136, Florida Statutes, is amended to read:
30 216.136 Consensus estimating conferences; duties and
31 principals.--
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1 (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
2 (a) Duties.--The Criminal Justice Estimating
3 Conference shall:
4 1. Develop such official information relating to the
5 criminal justice system, including forecasts of prison
6 admissions and population and of supervised felony offender
7 admissions and population, as the conference determines is
8 needed for the state planning and budgeting system.
9 2. Develop such official information relating to the
10 number of eligible discharges and the projected number of
11 civil commitments for determining space needs pursuant to the
12 civil proceedings provided under part V of chapter 394.
13 3. Develop official information relating to the number
14 of sexual offenders and sexual predators who are required by
15 law to be placed on community control, probation, or
16 conditional release who are subject to electronic monitoring.
17 In addition, the Office of Economic and Demographic Research
18 shall study the factors relating to the sentencing of sex
19 offenders from the point of arrest through the imposition of
20 sanctions by the sentencing court, including original charges,
21 plea negotiations, trial dispositions, and sanctions. The
22 Department of Corrections, the Office of the State Courts
23 Administrator, the Florida Department of Law Enforcement, and
24 the state attorneys shall provide information deemed necessary
25 for the study. The final report shall be provided to the
26 President of the Senate and the Speaker of the House of
27 Representatives by March 1, 2006.
28
29 Reviser's note.--Amended to confirm the
30 insertion by the editors of the words "of
31 Representatives" following the word "House" to
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1 conform to the complete name of the legislative
2 body.
3
4 Section 26. Paragraph (c) of subsection (1) of section
5 253.01, Florida Statutes, is amended to read:
6 253.01 Internal Improvement Trust Fund established.--
7 (1)
8 (c) Notwithstanding any provisions of law to the
9 contrary, if title to any state-owned lands is vested in the
10 Board of Trustees of the Internal Improvement Trust Fund and
11 the lands are located within the Everglades Agricultural Area,
12 then all proceeds from the sale of any such lands shall be
13 deposited into the Internal Improvement Trust Fund. The
14 provisions of this paragraph shall not apply to those lands
15 acquired pursuant to s. ss. 607.0505, and former s. 620.192,
16 or chapter 895.
17
18 Reviser's note.--Amended to clarify the status
19 of referenced s. 620.192, which was repealed by
20 s. 25, ch. 2005-267, Laws of Florida.
21
22 Section 27. Subsection (12) of section 253.03, Florida
23 Statutes, is amended to read:
24 253.03 Board of trustees to administer state lands;
25 lands enumerated.--
26 (12) The Board of Trustees of the Internal Improvement
27 Trust Fund is hereby authorized to administer, manage,
28 control, conserve, protect, and sell all real property
29 forfeited to the state pursuant to ss. 895.01-895.09 or
30 acquired by the state pursuant to s. 607.0505 or former s.
31 620.192. The board is directed to immediately determine the
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1 value of all such property and shall ascertain whether the
2 property is in any way encumbered. If the board determines
3 that it is in the best interest of the state to do so, funds
4 from the Internal Improvement Trust Fund may be used to
5 satisfy any such encumbrances. If forfeited property receipts
6 are not sufficient to satisfy encumbrances on the property and
7 expenses permitted under this section, funds from the Land
8 Acquisition Trust Fund may be used to satisfy any such
9 encumbrances and expenses. All property acquired by the board
10 pursuant to s. 607.0505, former s. 620.192, or ss.
11 895.01-895.09 shall be sold as soon as commercially feasible
12 unless the Attorney General recommends and the board
13 determines that retention of the property in public ownership
14 would effectuate one or more of the following policies of
15 statewide significance: protection or enhancement of
16 floodplains, marshes, estuaries, lakes, rivers, wilderness
17 areas, wildlife areas, wildlife habitat, or other
18 environmentally sensitive natural areas or ecosystems; or
19 preservation of significant archaeological or historical sites
20 identified by the Secretary of State. In such event the
21 property shall remain in the ownership of the board, to be
22 controlled, managed, and disposed of in accordance with this
23 chapter, and the Internal Improvement Trust Fund shall be
24 reimbursed from the Land Acquisition Trust Fund, or other
25 appropriate fund designated by the board, for any funds
26 expended from the Internal Improvement Trust Fund pursuant to
27 this subsection in regard to such property. Upon the
28 recommendation of the Attorney General, the board may
29 reimburse the investigative agency for its investigative
30 expenses, costs, and attorneys' fees, and may reimburse law
31 enforcement agencies for actual expenses incurred in
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1 conducting investigations leading to the forfeiture of such
2 property from funds deposited in the Internal Improvement
3 Trust Fund of the Department of Environmental Protection. The
4 proceeds of the sale of property acquired under s. 607.0505,
5 former s. 620.192, or ss. 895.01-895.09 shall be distributed
6 as follows:
7 (a) After satisfaction of any valid claims arising
8 under the provisions of s. 895.09(1)(a) or (b), any moneys
9 used to satisfy encumbrances and expended as costs of
10 administration, appraisal, management, conservation,
11 protection, sale, and real estate sales services and any
12 interest earnings lost to the Land Acquisition Trust Fund as
13 of a date certified by the Department of Environmental
14 Protection shall be replaced first in the Land Acquisition
15 Trust Fund, if those funds were used, and then in the Internal
16 Improvement Trust Fund; and
17 (b) The remainder shall be distributed as set forth in
18 s. 895.09.
19
20 Reviser's note.--Amended to clarify the status
21 of referenced s. 620.192, which was repealed by
22 s. 25, ch. 2005-267, Laws of Florida.
23
24 Section 28. Subsection (1) of section 253.74, Florida
25 Statutes, is amended to read:
26 253.74 Penalties.--
27 (1) Any person who conducts aquaculture activities in
28 excess of those authorized by the board or who conducts such
29 activities on state-owned submerged lands without having
30 previously obtained an authorization from the board commits a
31 misdemeanor and shall be subject to imprisonment for not more
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1 than 6 months or fine of not more than $1,000, or both. In
2 addition to such fine and imprisonment, all works,
3 improvements, and animal and plant life involved in the
4 project, may be forfeited to the state.
5
6 Reviser's note.--Amended to improve clarity.
7
8 Section 29. Section 267.0619, Florida Statutes, is
9 reenacted to read:
10 267.0619 Historical Museum Grants.--The division may
11 conduct a program to provide:
12 (1)(a) Grants from the Historical Resources Operating
13 Trust Fund, including matching grants, to a department or
14 agency of the state; a unit of county, municipal, or other
15 local government; or a public or private profit or nonprofit
16 corporation, partnership, or other organization to assist in
17 the development of public educational exhibits relating to the
18 historical resources of Florida; and
19 (b) Grants from the Historical Resources Operating
20 Trust Fund to Florida history museums that are not
21 state-operated to assist such museums in paying for operating
22 costs.
23 (2) In order to be eligible to receive a grant from
24 the trust fund to assist in paying operating costs, a Florida
25 history museum must fulfill the following criteria:
26 (a) The mission of the museum must relate directly and
27 primarily to the history of Florida. If the museum has more
28 than one mission, the museum is eligible to receive a grant
29 for that portion of the operating costs which is reasonably
30 attributable to its mission relating to the history of
31 Florida;
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1 (b) The museum must have been operating and open to
2 the public for at least 180 days each year during the 2-year
3 period immediately preceding the date upon which the museum
4 applies for the grant;
5 (c) The museum must be open and providing museum
6 services to the public for at least 180 days each year; and
7 (d) The museum must currently employ, and must have
8 employed during the 2-year period immediately preceding the
9 date upon which the museum applies for the grant, at least one
10 full-time staff member or the equivalent thereof whose primary
11 responsibility is to acquire, maintain, and exhibit to the
12 public objects that are owned by, or are on loan to, the
13 museum.
14 (3) An application for a grant must be made to the
15 division on a form provided by the division. The division
16 shall adopt rules prescribing categories of grants,
17 application requirements, criteria and procedures for the
18 review and evaluation of applications, and other procedures
19 necessary for the administration of the program, subject to
20 the requirements of this section. Grant review panels
21 appointed by the Secretary of State and chaired by a member of
22 the Florida Historical Commission or a designee appointed by
23 the commission's presiding officer shall review each
24 application for a museum grant-in-aid. The review panel shall
25 submit to the Secretary of State for approval lists of all
26 applications that are recommended by the panel for the award
27 of grants, arranged in order of priority. The division may
28 award a grant to a Florida history museum only if the award
29 has been approved by the Secretary of State.
30 (4) Money received as an appropriation or contribution
31 to the grants program must be deposited into the Historical
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1 Resources Operating Trust Fund. Money appropriated from
2 general revenue to the trust fund for the program may not be
3 granted to a private for-profit museum. Money appropriated
4 from any source to the trust fund for the program may not be
5 granted to pay the cost of locating, identifying, evaluating,
6 acquiring, preserving, protecting, restoring, rehabilitating,
7 stabilizing, or excavating an archaeological or historic site
8 or a historic building or the planning of any of those
9 activities.
10 (5) The division may grant moneys quarterly from the
11 Historical Resources Operating Trust Fund to history museums
12 in advance of an exhibit or program for which the moneys are
13 granted.
14
15 Reviser's note.--Section 16, ch. 2005-207, Laws
16 of Florida, amended subsection (3) without
17 publishing the introductory paragraph to the
18 section. Absent affirmative evidence of
19 legislative intent to repeal the introductory
20 language, it is reenacted here to confirm that
21 the omission was not intended.
22
23 Section 30. Subsection (1) of section 316.272, Florida
24 Statutes, is amended to read:
25 316.272 Exhaust systems, prevention of noise.--
26 (1) Every motor vehicle shall at all times be equipped
27 with an exhaust system in good working order and in constant
28 operation, including muffler, manifold pipe, and tailpiping to
29 prevent excessive or unusual noise. In no event shall an
30 exhaust system allow noise at a level which exceeds a maximum
31 decibel level to be established by regulation of the
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1 Department of Environmental Protection as provided in s.
2 403.061(11) 403.061(13) in cooperation with the Department of
3 Highway Safety and Motor Vehicles. No person shall use a
4 muffler cutout, bypass or similar device upon a vehicle on a
5 highway.
6
7 Reviser's note.--Amended to conform to the
8 current location within s. 403.061 of material
9 relating to noise pollution; s. 14, ch. 78-95,
10 Laws of Florida, deleted then-existing
11 subsections (8) and (9), and subsection (13)
12 became subsection (11).
13
14 Section 31. Subsection (1) of section 320.0843,
15 Florida Statutes, is amended to read:
16 320.0843 License plates for persons with disabilities
17 eligible for permanent disabled parking permits.--
18 (1) Any owner or lessee of a motor vehicle who resides
19 in this state and qualifies for a disabled parking permit
20 under s. 320.0848(2), upon application to the department and
21 payment of the license tax for a motor vehicle registered
22 under s. 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b),
23 (6)(a), or (9)(c) or (d), shall be issued a license plate as
24 provided by s. 320.06 which, in lieu of the serial number
25 prescribed by s. 320.06, shall be stamped with the
26 international wheelchair user symbol after the serial number
27 of the license plate. The license plate entitles the person to
28 all privileges afforded by a parking permit issued under s.
29 320.0848. When more than that one registrant is listed on the
30 registration issued under this section, the eligible applicant
31 shall be noted on the registration certificate.
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1 Reviser's note.--Amended to confirm the
2 substitution by the editors of the word "than"
3 for the word "that" to conform to context.
4
5 Section 32. Paragraph (b) of subsection (9) of section
6 320.27, Florida Statutes, is amended to read:
7 320.27 Motor vehicle dealers.--
8 (9) DENIAL, SUSPENSION, OR REVOCATION.--
9 (b) The department may deny, suspend, or revoke any
10 license issued hereunder or under the provisions of s. 320.77
11 or s. 320.771 upon proof that a licensee has committed, with
12 sufficient frequency so as to establish a pattern of
13 wrongdoing on the part of a licensee, violations of one or
14 more of the following activities:
15 1. Representation that a demonstrator is a new motor
16 vehicle, or the attempt to sell or the sale of a demonstrator
17 as a new motor vehicle without written notice to the purchaser
18 that the vehicle is a demonstrator. For the purposes of this
19 section, a "demonstrator," a "new motor vehicle," and a "used
20 motor vehicle" shall be defined as under s. 320.60.
21 2. Unjustifiable refusal to comply with a licensee's
22 responsibility under the terms of the new motor vehicle
23 warranty issued by its respective manufacturer, distributor,
24 or importer. However, if such refusal is at the direction of
25 the manufacturer, distributor, or importer, such refusal shall
26 not be a ground under this section.
27 3. Misrepresentation or false, deceptive, or
28 misleading statements with regard to the sale or financing of
29 motor vehicles which any motor vehicle dealer has, or causes
30 to have, advertised, printed, displayed, published,
31
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1 distributed, broadcast, televised, or made in any manner with
2 regard to the sale or financing of motor vehicles.
3 4. Failure by any motor vehicle dealer to provide a
4 customer or purchaser with an odometer disclosure statement
5 and a copy of any bona fide written, executed sales contract
6 or agreement of purchase connected with the purchase of the
7 motor vehicle purchased by the customer or purchaser.
8 5. Failure of any motor vehicle dealer to comply with
9 the terms of any bona fide written, executed agreement,
10 pursuant to the sale of a motor vehicle.
11 6. Failure to apply for transfer of a title as
12 prescribed in s. 319.23(6).
13 7. Use of the dealer license identification number by
14 any person other than the licensed dealer or his or her
15 designee.
16 8. Failure to continually meet the requirements of the
17 licensure law.
18 9. Representation to a customer or any advertisement
19 to the public representing or suggesting that a motor vehicle
20 is a new motor vehicle if such vehicle lawfully cannot be
21 titled in the name of the customer or other member of the
22 public by the seller using a manufacturer's statement of
23 origin as permitted in s. 319.23(1).
24 10. Requirement by any motor vehicle dealer that a
25 customer or purchaser accept equipment on his or her motor
26 vehicle which was not ordered by the customer or purchaser.
27 11. Requirement by any motor vehicle dealer that any
28 customer or purchaser finance a motor vehicle with a specific
29 financial institution or company.
30
31
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1 12. Requirement by any motor vehicle dealer that the
2 purchaser of a motor vehicle contract with the dealer for
3 physical damage insurance.
4 13. Perpetration of a fraud upon any person as a
5 result of dealing in motor vehicles, including, without
6 limitation, the misrepresentation to any person by the
7 licensee of the licensee's relationship to any manufacturer,
8 importer, or distributor.
9 14. Violation of any of the provisions of s. 319.35 by
10 any motor vehicle dealer.
11 15. Sale by a motor vehicle dealer of a vehicle
12 offered in trade by a customer prior to consummation of the
13 sale, exchange, or transfer of a newly acquired vehicle to the
14 customer, unless the customer provides written authorization
15 for the sale of the trade-in vehicle prior to delivery of the
16 newly acquired vehicle.
17 16. Willful failure to comply with any administrative
18 rule adopted by the department or the provisions of s.
19 320.131(8).
20 17. Violation of chapter 319, this chapter, or ss.
21 559.901-559.9221, which has to do with dealing in or repairing
22 motor vehicles or mobile homes. Additionally, in the case of
23 used motor vehicles, the willful violation of the federal law
24 and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining
25 to the consumer sales window form.
26 18. Failure to maintain evidence of notification to
27 the owner or coowner of a vehicle regarding registration or
28 titling fees owed owned as required in s. 320.02(17)
29 320.02(19).
30
31
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1 Reviser's note.--Amended to conform to the
2 redesignation of s. 320.02(19) as created by s.
3 14, ch. 2005-164, Laws of Florida, as s.
4 320.02(17) by the reviser as a result of the
5 redesignation of existing s. 320.02(17) and
6 (18) as a portion of s. 320.02(16) by s. 1, ch.
7 2005-254, Laws of Florida. The word "owed" was
8 substituted for the word "owned" to conform to
9 context.
10
11 Section 33. Subsection (8) of section 322.121, Florida
12 Statutes, is amended to read:
13 322.121 Periodic reexamination of all drivers.--
14 (8) In addition to any other examination authorized by
15 this section, an applicant for a renewal of an endorsement
16 issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f)
17 may be required to complete successfully an examination of his
18 or her knowledge regarding state and federal rules,
19 regulations, and laws, governing the type of vehicle which he
20 or she is seeking an endorsement to operate.
21
22 Reviser's note.--Amended to conform to the
23 redesignation of s. 322.57(1)(c), (d), and (e)
24 as s. 322.57(1)(d), (e), and (f) by s. 90, ch.
25 2005-164, Laws of Florida.
26
27 Section 34. Subsection (3) of section 337.195, Florida
28 Statutes, is amended to read:
29 337.195 Limits on liability.--
30 (3) In all cases involving personal injury, property
31 damage, or death, a person or entity who contracts to prepare
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1 or provide engineering plans for the construction or repair of
2 a highway, road, street, bridge, or other transportation
3 facility for the Department of Transportation shall be
4 presumed to have prepared such engineering plans using the
5 degree of care and skill ordinarily exercised by other
6 engineers in the field under similar conditions and in similar
7 localities and with due regard for acceptable engineering
8 standards and principles if the engineering plans conformed to
9 the Department of Transportation's design standards material
10 to the condition or defect that was the proximate cause of the
11 personal person injury, property damage, or death. This
12 presumption can be overcome only upon a showing of the
13 person's or entity's gross negligence in the preparation of
14 the engineering plans and shall not be interpreted or
15 construed to alter or affect any claim of the Department of
16 Transportation against such person or entity. The limitation
17 on liability contained in this subsection shall not apply to
18 any hidden or undiscoverable condition created by the
19 engineer. This subsection does not affect any claim of any
20 entity against such engineer or engineering firm, which claim
21 is associated with such entity's facilities on or in
22 Department of Transportation roads or other transportation
23 facilities.
24
25 Reviser's note.--Amended to confirm the
26 substitution by the editors of the word
27 "personal" for the word "person" to conform to
28 context.
29
30 Section 35. Paragraph (a) of subsection (4) of section
31 339.2819, Florida Statutes, is amended to read:
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1 339.2819 Transportation Regional Incentive Program.--
2 (4)(a) Projects to be funded with Transportation
3 Regional Incentive Program funds shall, at a minimum:
4 1. Support those transportation facilities that serve
5 national, statewide, or regional functions and function as an
6 integrated regional transportation system.
7 2. Be identified in the capital improvements element
8 of a comprehensive plan that has been determined to be in
9 compliance with part II of chapter 163, after July 1, 2005, or
10 to implement a long-term concurrency management system adopted
11 by a local government in accordance with s. 163.3180(9)
12 163.3177(9). Further, the project shall be in compliance with
13 local government comprehensive plan policies relative to
14 corridor management.
15 3. Be consistent with the Strategic Intermodal System
16 Plan developed under s. 339.64.
17 4. Have a commitment for local, regional, or private
18 financial matching funds as a percentage of the overall
19 project cost.
20
21 Reviser's note.--Amended to substitute a
22 reference to s. 163.3180(9), relating to
23 long-term transportation and school community
24 management systems, for a reference to s.
25 163.3177(9), relating to rule adoption of
26 minimum criteria for review and determination
27 of compliance of local government plan elements
28 to conform to context.
29
30 Section 36. Subsection (2) of section 339.64, Florida
31 Statutes, is reenacted to read:
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1 339.64 Strategic Intermodal System Plan.--
2 (2) In association with the continued development of
3 the Strategic Intermodal System Plan, the Florida
4 Transportation Commission, as part of its work program review
5 process, shall conduct an annual assessment of the progress
6 that the department and its transportation partners have made
7 in realizing the goals of economic development, improved
8 mobility, and increased intermodal connectivity of the
9 Strategic Intermodal System. The Florida Transportation
10 Commission shall coordinate with the department, the Statewide
11 Intermodal Transportation Advisory Council, and other
12 appropriate entities when developing this assessment. The
13 Florida Transportation Commission shall deliver a report to
14 the Governor and Legislature no later than 14 days after the
15 regular session begins, with recommendations as necessary to
16 fully implement the Strategic Intermodal System.
17
18 Reviser's note.--Reenacted to confirm the
19 continued existence of subsection (2), which
20 was repealed by s. 37, ch. 2005-2, Laws of
21 Florida, a reviser's bill, because it related
22 to obsolete reporting requirements. Those
23 requirements were revised and updated by s. 7,
24 ch. 2005-281, Laws of Florida.
25
26 Section 37. Paragraph (a) of subsection (2) of section
27 348.9932, Florida Statutes, is amended to read:
28 348.9932 Southwest Florida Expressway Authority.--
29 (2) The governing body of the authority shall consist
30 of seven voting members and one nonvoting member, as set forth
31 in this subsection.
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1 (a)1.
2 a. One member who is a permanent resident of Collier
3 County and one member who is a permanent resident of Lee
4 County shall be appointed by the Governor to serve a term of 4
5 years each. The Governor shall select his or her appointees
6 from a list submitted by the board of county commissioners of
7 each county, with each list recommending five candidates from
8 their respective county.
9 b. One member who is a permanent resident of Collier
10 County shall be appointed by the Board of County Commissioners
11 of Collier County and one member who is a permanent resident
12 of Lee County shall be appointed by the Board of County
13 Commissioners of Lee County to serve a term of 4 years each.
14 2. Each member appointed under this paragraph shall be
15 a person of outstanding reputation for integrity,
16 responsibility, and business ability and shall have an
17 interest in ground transportation. No elected official and no
18 person who is an employee, in any capacity, of Collier County
19 or Lee County or of any city within Collier County or Lee
20 County shall be an appointed member of the authority except as
21 set forth in this section.
22 3. Each appointed member shall be a resident of his or
23 her respective county during his or her entire term.
24 4. Each appointed member shall be a voting member and
25 shall hold office until his or her successor has been
26 appointed and has qualified. A vacancy occurring during a term
27 shall be filled only for the remainder of the unexpired term.
28
29 Reviser's note.--Amended pursuant to the
30 directive of the Legislature in s. 1, ch.
31 93-199, Laws of Florida, to remove
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1 gender-specific references applicable to human
2 beings from the Florida Statutes without
3 substantive change in legal effect.
4
5 Section 38. Paragraph (d) of subsection (1) and
6 paragraph (b) of subsection (7) of section 373.036, Florida
7 Statutes, are amended to read:
8 373.036 Florida water plan; district water management
9 plans.--
10 (1) FLORIDA WATER PLAN.--In cooperation with the water
11 management districts, regional water supply authorities, and
12 others, the department shall develop the Florida water plan.
13 The Florida water plan shall include, but not be limited to:
14 (d) Goals, objectives, and guidance for the
15 development and review of programs, rules, and plans relating
16 to water resources, based on statutory policies and
17 directives. The state water policy rule, renamed the water
18 resource implementation rule pursuant to s. 373.019(23)
19 373.019(20), shall serve as this part of the plan. Amendments
20 or additions to this part of the Florida water plan shall be
21 adopted by the department as part of the water resource
22 implementation rule. In accordance with s. 373.114, the
23 department shall review rules of the water management
24 districts for consistency with this rule. Amendments to the
25 water resource implementation rule must be adopted by the
26 secretary of the department and be submitted to the President
27 of the Senate and the Speaker of the House of Representatives
28 within 7 days after publication in the Florida Administrative
29 Weekly. Amendments shall not become effective until the
30 conclusion of the next regular session of the Legislature
31 following their adoption.
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1 (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
2 REPORT.--
3 (b) The consolidated annual report shall contain the
4 following elements, as appropriate to that water management
5 district:
6 1. A district water management plan annual report or
7 the annual work plan report allowed in subparagraph (2)(e)4.
8 2. The department-approved minimum flows and levels
9 annual priority list and schedule required by s. 373.042(2).
10 3. The annual 5-year capital improvements plan
11 required by s. 373.536(6)(a)3.
12 4. The alternative water supplies annual report
13 required by s. 373.1961(3)(n) 373.1961(2)(k).
14 5. The final annual 5-year water resource development
15 work program required by s. 373.536(6)(a)4.
16 6. The Florida Forever Water Management District Work
17 Plan annual report required by s. 373.199(7).
18 7. The mitigation donation annual report required by
19 s. 373.414(1)(b)2.
20
21 Reviser's note.--Paragraph (1)(d) is amended to
22 conform to the redesignation of subunits of s.
23 373.019 by s. 1, ch. 2005-291, Laws of Florida.
24 Paragraph (7)(b) is amended to conform to the
25 redesignation of subunits of s. 373.1961 by s.
26 3, ch. 2005-291.
27
28 Section 39. Subsection (3) of section 373.0361,
29 Florida Statutes, is amended to read:
30 373.0361 Regional water supply planning.--
31
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1 (3) The water supply development component of a
2 regional water supply plan which deals with or affects public
3 utilities and public water supply for those areas served by a
4 regional water supply authority and its member governments
5 within the boundary of the Southwest Florida Water Management
6 District shall be developed jointly by the authority and the
7 district. In areas not served by regional water supply
8 authorities, or other multijurisdictional water supply
9 entities, and where opportunities exist to meet water supply
10 needs more efficiently through multijurisdictional projects
11 identified pursuant to paragraph (2)(a) s. 372.0361(2)(a),
12 water management districts are directed to assist in
13 developing multijurisdictional approaches to water supply
14 project development jointly with affected water utilities,
15 special districts, and local governments.
16
17 Reviser's note.--Amended to confirm the
18 substitution by the editors of a reference to
19 paragraph (2)(a) for a reference to nonexistent
20 s. 372.0361(2)(a); s. 373.0361(2)(a) references
21 multijurisdictional projects.
22
23 Section 40. Paragraph (e) of subsection (3) of section
24 373.1961, Florida Statutes, is amended to read:
25 373.1961 Water production; general powers and duties;
26 identification of needs; funding criteria; economic
27 incentives; reuse funding.--
28 (3) FUNDING.--
29 (e) Applicants for projects that may receive funding
30 assistance pursuant to the Water Protection and Sustainability
31 Program shall, at a minimum, be required to pay 60 percent of
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1 the project's construction costs. The water management
2 districts may, at their discretion, totally or partially waive
3 this requirement for projects sponsored by financially
4 disadvantaged small local governments as defined in s.
5 403.885(5) 403.885(4). The water management districts or basin
6 boards may, at their discretion, use ad valorem or federal
7 revenues to assist a project applicant in meeting the
8 requirements of this paragraph.
9
10 Reviser's note.--Amended to conform to the
11 redesignation of subunits within s. 403.885 by
12 s. 16, ch. 2005-291, Laws of Florida.
13
14 Section 41. Subsection (1) of section 373.421, Florida
15 Statutes, is amended to read:
16 373.421 Delineation methods; formal determinations.--
17 (1) The Environmental Regulation Commission shall
18 adopt a unified statewide methodology for the delineation of
19 the extent of wetlands as defined in s. 373.019(25)
20 373.019(22). This methodology shall consider regional
21 differences in the types of soils and vegetation that may
22 serve as indicators of the extent of wetlands. This
23 methodology shall also include provisions for determining the
24 extent of surface waters other than wetlands for the purposes
25 of regulation under s. 373.414. This methodology shall not
26 become effective until ratified by the Legislature. Subsequent
27 to legislative ratification, the wetland definition in s.
28 373.019(25) 373.019(22) and the adopted wetland methodology
29 shall be binding on the department, the water management
30 districts, local governments, and any other governmental
31 entities. Upon ratification of such wetland methodology, the
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1 Legislature preempts the authority of any water management
2 district, state or regional agency, or local government to
3 define wetlands or develop a delineation methodology to
4 implement the definition and determines that the exclusive
5 definition and delineation methodology for wetlands shall be
6 that established pursuant to s. 373.019(25) 373.019(22) and
7 this section. Upon such legislative ratification, any existing
8 wetlands definition or wetland delineation methodology shall
9 be superseded by the wetland definition and delineation
10 methodology established pursuant to this chapter. Subsequent
11 to legislative ratification, a delineation of the extent of a
12 surface water or wetland by the department or a water
13 management district, pursuant to a formal determination under
14 subsection (2), or pursuant to a permit issued under this part
15 in which the delineation was field-verified by the permitting
16 agency and specifically approved in the permit, shall be
17 binding on all other governmental entities for the duration of
18 the formal determination or permit. All existing rules and
19 methodologies of the department, the water management
20 districts, and local governments, regarding surface water or
21 wetland definition and delineation shall remain in full force
22 and effect until the common methodology rule becomes
23 effective. However, this shall not be construed to limit any
24 power of the department, the water management districts, and
25 local governments to amend or adopt a surface water or wetland
26 definition or delineation methodology until the common
27 methodology rule becomes effective.
28
29 Reviser's note.--Amended to conform to the
30 redesignation of subunits within s. 373.019 by
31 s. 1, ch. 2005-291, Laws of Florida.
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1 Section 42. Subsection (1) of section 375.075, Florida
2 Statutes, is amended to read:
3 375.075 Outdoor recreation; financial assistance to
4 local governments.--
5 (1) The Department of Environmental Protection is
6 authorized to establish the Florida Recreation Development
7 Assistance Program to provide grants to qualified local
8 governmental entities to acquire or develop land for public
9 outdoor recreation purposes. To the extent not needed for debt
10 service on bonds issued pursuant to s. 375.051, each year the
11 department shall develop and plan a program which shall be
12 based upon funding of not less than 5 percent of the money
13 credited to the Land Acquisition Trust Fund pursuant to s.
14 201.15(2) and (3) in that year. Beginning fiscal year
15 2001-2002, The department shall develop and plan a program
16 which shall be based upon the cumulative total funding
17 provided from this section and from the Florida Forever Trust
18 Fund pursuant to s. 259.105(3)(d) 259.105(3)(c).
19
20 Reviser's note.--Amended to correct a reference
21 and conform to context and to delete an
22 obsolete date reference. Section 259.105(3)(c)
23 was amended by s. 11, ch. 2000-170, Laws of
24 Florida, and language relating to transfer of
25 funds to the Land Acquisition Trust Fund for
26 grants pursuant to s. 375.075 was stricken;
27 material relating to transfer of funds pursuant
28 to s. 375.075 was added by s. 11, ch. 2000-170,
29 at a new s. 259.105(3)(d).
30
31
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1 Section 43. Paragraph (a) of subsection (3) of section
2 390.01114, Florida Statutes, is amended to read:
3 390.01114 Parental Notice of Abortion Act.--
4 (3) NOTIFICATION REQUIRED.--
5 (a) Actual notice shall be provided by the physician
6 performing or inducing the termination of pregnancy before the
7 performance or inducement of the termination of the pregnancy
8 of a minor. The notice may be given by a referring physician.
9 The physician who performs or induces the termination of
10 pregnancy must receive the written statement of the referring
11 physician certifying that the referring physician has given
12 notice. If actual notice is not possible after a reasonable
13 effort has been made, the physician performing or inducing the
14 termination of pregnancy or the referring physician must give
15 constructive notice. Notice given under this subsection by the
16 physician performing or inducing the termination of pregnancy
17 must include the name and address of the facility providing
18 the termination of pregnancy, and the name of the physician
19 providing notice. Notice given under this subsection by a
20 referring physician must include the name and address of the
21 facility where he or she is referring the minor and the name
22 of the physician providing notice. If actual notice is
23 provided by telephone, the physician must actually speak with
24 the parent or guardian, and must record in the minor's medical
25 file the name of the parent or guardian provided notice, the
26 phone number dialed, and the date and time of the call. If
27 constructive notice is given, the physician must document that
28 notice by placing copies of any document related to the
29 constructive notice, including, but not limited to, a copy of
30 the letter and the return receipt, in the minor's medical
31 file.
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1 Reviser's note.--Amended to improve clarity.
2
3 Section 44. Section 397.405, Florida Statutes, is
4 reenacted to read:
5 397.405 Exemptions from licensure.--The following are
6 exempt from the licensing provisions of this chapter:
7 (1) A hospital or hospital-based component licensed
8 under chapter 395.
9 (2) A nursing home facility as defined in s. 400.021.
10 (3) A substance abuse education program established
11 pursuant to s. 1003.42.
12 (4) A facility or institution operated by the Federal
13 Government.
14 (5) A physician licensed under chapter 458 or chapter
15 459.
16 (6) A psychologist licensed under chapter 490.
17 (7) A social worker, marriage and family therapist, or
18 mental health counselor licensed under chapter 491.
19 (8) An established and legally cognizable church or
20 nonprofit religious organization or denomination providing
21 substance abuse services, including prevention services, which
22 are exclusively religious, spiritual, or ecclesiastical in
23 nature. A church or nonprofit religious organization or
24 denomination providing any of the licensable service
25 components itemized under s. 397.311(18) is not exempt for
26 purposes of its provision of such licensable service
27 components but retains its exemption with respect to all
28 services which are exclusively religious, spiritual, or
29 ecclesiastical in nature.
30 (9) Facilities licensed under s. 393.063 that, in
31 addition to providing services to persons who are
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1 developmentally disabled as defined therein, also provide
2 services to persons developmentally at risk as a consequence
3 of exposure to alcohol or other legal or illegal drugs while
4 in utero.
5 (10) DUI education and screening services provided
6 pursuant to ss. 316.192, 316.193, 322.095, 322.271, and
7 322.291. Persons or entities providing treatment services must
8 be licensed under this chapter unless exempted from licensing
9 as provided in this section.
10
11 The exemptions from licensure in this section do not apply to
12 any service provider that receives an appropriation, grant, or
13 contract from the state to operate as a service provider as
14 defined in this chapter or to any substance abuse program
15 regulated pursuant to s. 397.406. Furthermore, this chapter
16 may not be construed to limit the practice of a physician
17 licensed under chapter 458 or chapter 459, a psychologist
18 licensed under chapter 490, or a psychotherapist licensed
19 under chapter 491 who provides substance abuse treatment, so
20 long as the physician, psychologist, or psychotherapist does
21 not represent to the public that he or she is a licensed
22 service provider and does not provide services to clients
23 pursuant to part V of this chapter. Failure to comply with any
24 requirement necessary to maintain an exempt status under this
25 section is a misdemeanor of the first degree, punishable as
26 provided in s. 775.082 or s. 775.083.
27
28 Reviser's note.--Section 4, ch. 2005-55, Laws
29 of Florida, reenacted subsection (8) without
30 publishing the flush left language at the end
31 of the section. Absent affirmative evidence of
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1 legislative intent to repeal the flush left
2 language, it is reenacted here to confirm that
3 the omission was not intended.
4
5 Section 45. Subsections (3) and (4) of section
6 402.7305, Florida Statutes, are amended to read:
7 402.7305 Department of Children and Family Services;
8 procurement of contractual services; contract management.--
9 (3) CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.--The
10 Department of Children and Family Services shall review the
11 time period for which the department executes contracts and
12 shall execute multiyear contracts to make the most efficient
13 use of the resources devoted to contract processing and
14 execution. Whenever the department chooses not to use a
15 multiyear contract, a justification for that decision must be
16 contained in the contract. Notwithstanding s. 287.057(15), the
17 department is responsible for establishing a contract
18 management process that requires a member of the department's
19 Senior Management or Selected Select Exempt Service to assign
20 in writing the responsibility of a contract to a contract
21 manager. The department shall maintain a set of procedures
22 describing its contract management process which must
23 minimally include the following requirements:
24 (a) The contract manager shall maintain the official
25 contract file throughout the duration of the contract and for
26 a period not less than 6 years after the termination of the
27 contract.
28 (b) The contract manager shall review all invoices for
29 compliance with the criteria and payment schedule provided for
30 in the contract and shall approve payment of all invoices
31
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1 before their transmission to the Department of Financial
2 Services for payment.
3 (c) The contract manager shall maintain a schedule of
4 payments and total amounts disbursed and shall periodically
5 reconcile the records with the state's official accounting
6 records.
7 (d) For contracts involving the provision of direct
8 client services, the contract manager shall periodically visit
9 the physical location where the services are delivered and
10 speak directly to clients receiving the services and the staff
11 responsible for delivering the services.
12 (e) The contract manager shall meet at least once a
13 month directly with the contractor's representative and
14 maintain records of such meetings.
15 (f) The contract manager shall periodically document
16 any differences between the required performance measures and
17 the actual performance measures. If a contractor fails to meet
18 and comply with the performance measures established in the
19 contract, the department may allow a reasonable period for the
20 contractor to correct performance deficiencies. If performance
21 deficiencies are not resolved to the satisfaction of the
22 department within the prescribed time, and if no extenuating
23 circumstances can be documented by the contractor to the
24 department's satisfaction, the department must terminate the
25 contract. The department may not enter into a new contract
26 with that same contractor for the services for which the
27 contract was previously terminated for a period of at least 24
28 months after the date of termination. The contract manager
29 shall obtain and enforce corrective action plans, if
30 appropriate, and maintain records regarding the completion or
31 failure to complete corrective action items.
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1 (g) The contract manager shall document any contract
2 modifications, which shall include recording any contract
3 amendments as provided for in this section.
4 (h) The contract manager shall be properly trained
5 before being assigned responsibility for any contract.
6 (4) CONTRACT MONITORING REQUIREMENTS AND PROCESS.--The
7 department shall establish contract monitoring units staffed
8 by career service employees who report to a member of the
9 Selected Select Exempt Service or Senior Management Service
10 and who have been properly trained to perform contract
11 monitoring, with at least one member of the contract
12 monitoring unit possessing specific knowledge and experience
13 in the contract's program area. The department shall establish
14 a contract monitoring process that must include, but need not
15 be limited to, the following requirements:
16 (a) Performing a risk assessment at the start of each
17 fiscal year and preparing an annual contract monitoring
18 schedule that includes consideration for the level of risk
19 assigned. The department may monitor any contract at any time
20 regardless of whether such monitoring was originally included
21 in the annual contract monitoring schedule.
22 (b) Preparing a contract monitoring plan, including
23 sampling procedures, before performing onsite monitoring at
24 external locations of a service provider. The plan must
25 include a description of the programmatic, fiscal, and
26 administrative components that will be monitored on site. If
27 appropriate, clinical and therapeutic components may be
28 included.
29 (c) Conducting analyses of the performance and
30 compliance of an external service provider by means of desk
31
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1 reviews if the external service provider will not be monitored
2 on site during a fiscal year.
3 (d) Unless the department sets forth in writing the
4 need for an extension, providing a written report presenting
5 the results of the monitoring within 30 days after the
6 completion of the onsite monitoring or desk review.
7 (e) Developing and maintaining a set of procedures
8 describing the contract monitoring process.
9
10 Reviser's note.--Amended to conform to the
11 substitution by the editors of the word
12 "Selected" for the word "Select" to conform to
13 the title of the Selected Exempt Service as
14 referenced in part V of chapter 110, which
15 created it.
16
17 Section 46. Paragraphs (r) and (u) of subsection (2)
18 of section 403.813, Florida Statutes, are amended to read:
19 403.813 Permits issued at district centers;
20 exceptions.--
21 (2) A permit is not required under this chapter,
22 chapter 373, chapter 61-691, Laws of Florida, or chapter 25214
23 or chapter 25270, 1949, Laws of Florida, for activities
24 associated with the following types of projects; however,
25 except as otherwise provided in this subsection, nothing in
26 this subsection relieves an applicant from any requirement to
27 obtain permission to use or occupy lands owned by the Board of
28 Trustees of the Internal Improvement Trust Fund or any water
29 management district in its governmental or proprietary
30 capacity or from complying with applicable local pollution
31
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1 control programs authorized under this chapter or other
2 requirements of county and municipal governments:
3 (r) The removal of aquatic plants, the removal of
4 tussocks, the associated replanting of indigenous aquatic
5 plants, and the associated removal from lakes of organic
6 detrital material when such planting or removal is performed
7 and authorized by permit or exemption granted under s. 369.20
8 or s. 369.25, provided that:
9 1. Organic detrital material that exists on the
10 surface of natural mineral substrate shall be allowed to be
11 removed to a depth of 3 feet or to the natural mineral
12 substrate, whichever is less;
13 2. All material removed pursuant to this paragraph
14 shall be deposited in an upland site in a manner that will
15 prevent the reintroduction of the material into waters in the
16 state except when spoil material is permitted to be used to
17 create wildlife islands in freshwater bodies of the state when
18 a governmental entity is permitted pursuant to s. 369.20 to
19 create such islands as a part of a restoration or enhancement
20 project;
21 3. All activities are performed in a manner consistent
22 with state water quality standards; and
23 4. No activities under this exemption are conducted in
24 wetland areas, as defined by s. 373.019(25) 373.019(22), which
25 are supported by a natural soil as shown in applicable United
26 States Department of Agriculture county soil surveys, except
27 when a governmental entity is permitted pursuant to s. 369.20
28 to conduct such activities as a part of a restoration or
29 enhancement project.
30
31
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1 The department may not adopt implementing rules for this
2 paragraph, notwithstanding any other provision of law.
3 (u) Notwithstanding any provision to the contrary in
4 this subsection, a permit or other authorization under chapter
5 253, chapter 369, chapter 373, or this chapter is not required
6 for an individual residential property owner for the removal
7 of organic detrital material from freshwater rivers or lakes
8 that have a natural sand or rocky substrate and that are not
9 Aquatic Preserves or for the associated removal and replanting
10 of aquatic vegetation for the purpose of environmental
11 enhancement, providing that:
12 1. No activities under this exemption are conducted in
13 wetland areas, as defined by s. 373.019(25) 373.019(22), which
14 are supported by a natural soil as shown in applicable United
15 States Department of Agriculture county soil surveys.
16 2. No filling or peat mining is allowed.
17 3. No removal of native wetland trees, including, but
18 not limited to, ash, bay, cypress, gum, maple, or tupelo,
19 occurs.
20 4. When removing organic detrital material, no portion
21 of the underlying natural mineral substrate or rocky substrate
22 is removed.
23 5. Organic detrital material and plant material
24 removed is deposited in an upland site in a manner that will
25 not cause water quality violations.
26 6. All activities are conducted in such a manner, and
27 with appropriate turbidity controls, so as to prevent any
28 water quality violations outside the immediate work area.
29 7. Replanting with a variety of aquatic plants native
30 to the state shall occur in a minimum of 25 percent of the
31 preexisting vegetated areas where organic detrital material is
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1 removed, except for areas where the material is removed to
2 bare rocky substrate; however, an area may be maintained clear
3 of vegetation as an access corridor. The access corridor width
4 may not exceed 50 percent of the property owner's frontage or
5 50 feet, whichever is less, and may be a sufficient length
6 waterward to create a corridor to allow access for a boat or
7 swimmer to reach open water. Replanting must be at a minimum
8 density of 2 feet on center and be completed within 90 days
9 after removal of existing aquatic vegetation, except that
10 under dewatered conditions replanting must be completed within
11 90 days after reflooding. The area to be replanted must extend
12 waterward from the ordinary high water line to a point where
13 normal water depth would be 3 feet or the preexisting
14 vegetation line, whichever is less. Individuals are required
15 to make a reasonable effort to maintain planting density for a
16 period of 6 months after replanting is complete, and the
17 plants, including naturally recruited native aquatic plants,
18 must be allowed to expand and fill in the revegetation area.
19 Native aquatic plants to be used for revegetation must be
20 salvaged from the enhancement project site or obtained from an
21 aquatic plant nursery regulated by the Department of
22 Agriculture and Consumer Services. Plants that are not native
23 to the state may not be used for replanting.
24 8. No activity occurs any farther than 100 feet
25 waterward of the ordinary high water line, and all activities
26 must be designed and conducted in a manner that will not
27 unreasonably restrict or infringe upon the riparian rights of
28 adjacent upland riparian owners.
29 9. The person seeking this exemption notifies the
30 applicable department district office in writing at least 30
31 days before commencing work and allows the department to
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1 conduct a preconstruction site inspection. Notice must include
2 an organic-detrital-material removal and disposal plan and, if
3 applicable, a vegetation-removal and revegetation plan.
4 10. The department is provided written certification
5 of compliance with the terms and conditions of this paragraph
6 within 30 days after completion of any activity occurring
7 under this exemption.
8
9 Reviser's note.--Amended to conform to the
10 redesignation of subunits within s. 373.019 by
11 s. 1, ch. 2005-291, Laws of Florida.
12
13 Section 47. Subsection (5) of section 404.056, Florida
14 Statutes, is amended to read:
15 404.056 Environmental radiation standards and
16 projects; certification of persons performing measurement or
17 mitigation services; mandatory testing; notification on real
18 estate documents; rules.--
19 (5) NOTIFICATION ON REAL ESTATE
20 DOCUMENTS.--Notification shall be provided on at least one
21 document, form, or application executed at the time of, or
22 prior to, contract for sale and purchase of any building or
23 execution of a rental agreement for any building. Such
24 notification shall contain the following language:
25
26 "RADON GAS: Radon is a naturally occurring radioactive
27 gas that, when it has accumulated in a building in sufficient
28 quantities, may present health risks to persons who are
29 exposed to it over time. Levels of radon that exceed federal
30 and state guidelines have been found in buildings in Florida.
31
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1 Additional information regarding radon and radon testing may
2 be obtained from your county health department."
3
4 The requirements of this subsection do not apply to any
5 residential transient occupancy, as described in s.
6 509.013(12) 509.013(11), provided that such occupancy is 45
7 days or less in duration.
8
9 Reviser's note.--Amended to conform to the
10 redesignation of s. 509.013(11) as s.
11 509.013(12) by s. 7, ch. 2004-292, Laws of
12 Florida.
13
14 Section 48. Paragraph (b) of subsection (2) of section
15 406.11, Florida Statutes, is amended to read:
16 406.11 Examinations, investigations, and autopsies.--
17 (2)
18 (b) The Medical Examiners Commission shall adopt
19 rules, pursuant to chapter 120, providing for the notification
20 of the next of kin that an investigation by the medical
21 examiner's office is being conducted. A medical examiner may
22 not retain or furnish any body part of the deceased for
23 research or any other purpose which is not in conjunction with
24 a determination of the identification of or cause or manner of
25 death of the deceased or the presence of disease or which is
26 not otherwise authorized by this chapter, part V X of chapter
27 765 732, or chapter 873, without notification of and approval
28 by the next of kin.
29
30 Reviser's note.--Amended to conform to the
31 transfer of material in former part X of
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1 chapter 732 to part V of chapter 765 pursuant
2 to ch. 2001-226, Laws of Florida.
3
4 Section 49. Paragraph (f) of subsection (3) of section
5 409.165, Florida Statutes, is amended to read:
6 409.165 Alternate care for children.--
7 (3) With the written consent of parents, custodians,
8 or guardians, or in accordance with those provisions in
9 chapter 39 that relate to dependent children, the department,
10 under rules properly adopted, may place a child:
11 (f) In a subsidized independent living situation,
12 subject to the provisions of s. 409.1451(4)(c) 409.1451(3)(c),
13
14 under such conditions as are determined to be for the best
15 interests or the welfare of the child. Any child placed in an
16 institution or in a family home by the department or its
17 agency may be removed by the department or its agency, and
18 such other disposition may be made as is for the best interest
19 of the child, including transfer of the child to another
20 institution, another home, or the home of the child.
21 Expenditure of funds appropriated for out-of-home care can be
22 used to meet the needs of a child in the child's own home or
23 the home of a relative if the child can be safely served in
24 the child's own home or that of a relative if placement can be
25 avoided by the expenditure of such funds, and if the
26 expenditure of such funds in this manner is calculated by the
27 department to be a potential cost savings.
28
29 Reviser's note.--Amended to conform to the
30 redesignation of subunits within s. 409.1451 by
31 s. 1, ch. 2004-362, Laws of Florida.
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1 Section 50. Subsection (9) of section 409.814, Florida
2 Statutes, is amended to read:
3 409.814 Eligibility.--A child who has not reached 19
4 years of age whose family income is equal to or below 200
5 percent of the federal poverty level is eligible for the
6 Florida KidCare program as provided in this section. For
7 enrollment in the Children's Medical Services Network, a
8 complete application includes the medical or behavioral health
9 screening. If, subsequently, an individual is determined to be
10 ineligible for coverage, he or she must immediately be
11 disenrolled from the respective Florida KidCare program
12 component.
13 (9) Subject to paragraph (4)(b) and s. 624.91(4)
14 624.91(3), the Florida KidCare program shall withhold benefits
15 from an enrollee if the program obtains evidence that the
16 enrollee is no longer eligible, submitted incorrect or
17 fraudulent information in order to establish eligibility, or
18 failed to provide verification of eligibility. The applicant
19 or enrollee shall be notified that because of such evidence
20 program benefits will be withheld unless the applicant or
21 enrollee contacts a designated representative of the program
22 by a specified date, which must be within 10 days after the
23 date of notice, to discuss and resolve the matter. The program
24 shall make every effort to resolve the matter within a
25 timeframe that will not cause benefits to be withheld from an
26 eligible enrollee.
27
28 Reviser's note.--Amended to conform to the
29 redesignation of subunits within s. 624.91 by
30 s. 6, ch. 2004-1, Laws of Florida.
31
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1 Section 51. Subsections (1) and (2) of section
2 409.91196, Florida Statutes, are amended to read:
3 409.91196 Supplemental rebate agreements;
4 confidentiality of records and meetings.--
5 (1) Trade secrets, rebate amount, percent of rebate,
6 manufacturer's pricing, and supplemental rebates which are
7 contained in records of the Agency for Health Care
8 Administration and its agents with respect to supplemental
9 rebate negotiations and which are prepared pursuant to a
10 supplemental rebate agreement under s. 409.912(39)(a)7.
11 409.912(40)(a)7. are confidential and exempt from s. 119.07
12 and s. 24(a), Art. I of the State Constitution.
13 (2) Those portions of meetings of the Medicaid
14 Pharmaceutical and Therapeutics Committee at which trade
15 secrets, rebate amount, percent of rebate, manufacturer's
16 pricing, and supplemental rebates are disclosed for discussion
17 or negotiation of a supplemental rebate agreement under s.
18 409.912(39)(a)7. 409.912(40)(a)7. are exempt from s. 286.011
19 and s. 24(b), Art. I of the State Constitution.
20
21 Reviser's note.--Amended to conform to the
22 repeal of former s. 409.912(38) by s. 55, ch.
23 2004-5, Laws of Florida, and the redesignation
24 of subunits by the reviser necessitated by that
25 repeal.
26
27 Section 52. Subsection (11) of section 440.05, Florida
28 Statutes, is amended to read:
29 440.05 Election of exemption; revocation of election;
30 notice; certification.--
31
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1 (11) Any corporate officer permitted by this chapter
2 to claim an exemption must be listed on the records of this
3 state's Secretary of State, Division of Corporations, as a
4 corporate officer. The department shall issue a stop-work
5 order under s. 440.107(7) 440.107(1) to any corporation who
6 employs a person who claims to be exempt as a corporate
7 officer but who fails or refuses to produce the documents
8 required under this subsection to the department within 3
9 business days after the request is made.
10
11 Reviser's note.--Amended to correct a reference
12 and conform to context. Section 440.107(1)
13 contains legislative findings; s. 440.107(7)
14 relates to stop-work orders.
15
16 Section 53. Paragraph (c) of subsection (3) of section
17 443.121, Florida Statutes, is amended to read:
18 443.121 Employing units affected.--
19 (3) ELECTIVE COVERAGE.--
20 (c) Certain services for political subdivisions.--
21 1. Any political subdivision of this state may elect
22 to cover under this chapter, for at least 1 calendar year,
23 service performed by employees in all of the hospitals and
24 institutions of higher education operated by the political
25 subdivision. Election must be made by filing with the tax
26 collection service provider a notice of election at least 30
27 days before the effective date of the election. The election
28 may exclude any services described in s. 443.1216(4). Any
29 political subdivision electing coverage under this paragraph
30 must be a reimbursing employer and make reimbursements in lieu
31 of contributions for benefits attributable to this employment,
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1 provided for nonprofit organizations in s. 443.1312(3) and
2 (5).
3 2. The provisions of s. 443.091(3) 443.091(4) relating
4 to benefit rights based on service for nonprofit organizations
5 and state hospitals and institutions of higher education also
6 apply to service covered by an election under this section.
7 3. The amounts required to be reimbursed in lieu of
8 contributions by any political subdivision under this
9 paragraph shall be billed, and payment made, as provided in s.
10 443.1312(3) for similar reimbursements by nonprofit
11 organizations.
12 4. An election under this paragraph may be terminated
13 after at least 1 calendar year of coverage by filing with the
14 tax collection service provider written notice not later than
15 30 days before the last day of the calendar year in which the
16 termination is to be effective. The termination takes effect
17 on January 1 of the next ensuing calendar year for services
18 performed after that date.
19
20 Reviser's note.--Amended to correct a
21 long-standing cross-reference error. Section
22 443.091(4) relates to invocation of federal
23 measures regarding unemployment compensation in
24 the event of a national emergency; benefits for
25 services are covered in s. 443.091(3). See ss.
26 5 and 7, ch. 71-225, Laws of Florida, for the
27 intended reference.
28
29 Section 54. Subsection (9) of section 445.009, Florida
30 Statutes, is amended to read:
31 445.009 One-stop delivery system.--
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1 (9)(a) Workforce Florida, Inc., working with the
2 Agency for Workforce Innovation, shall coordinate among the
3 agencies a plan for a One-Stop Electronic Network made up of
4 one-stop delivery system centers and other partner agencies
5 that are operated by authorized public or private for-profit
6 or not-for-profit agents. The plan shall identify resources
7 within existing revenues to establish and support this
8 electronic network for service delivery that includes
9 Government Services Direct. If necessary, the plan shall
10 identify additional funding needed to achieve the provisions
11 of this subsection.
12 (b) The network shall assure that a uniform method is
13 used to determine eligibility for and management of services
14 provided by agencies that conduct workforce development
15 activities. The Department of Management Services shall
16 develop strategies to allow access to the databases and
17 information management systems of the following systems in
18 order to link information in those databases with the one-stop
19 delivery system:
20 1. The Unemployment Compensation Program of the Agency
21 for Workforce Innovation.
22 2. The public employment service described in s.
23 443.181.
24 3. The FLORIDA System and the components related to
25 WAGES, food stamps, and Medicaid eligibility.
26 4. The Student Financial Assistance System of the
27 Department of Education.
28 5. Enrollment in the public postsecondary education
29 system.
30 6. Other information systems determined appropriate by
31 Workforce Florida, Inc.
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1
2 The systems shall be fully coordinated at both the state and
3 local levels by July 1, 2001.
4
5 Reviser's note.--Amended to delete a provision
6 requiring that certain information systems
7 relating to one-stop delivery of workforce
8 services be fully coordinated by July 1, 2001.
9
10 Section 55. Paragraph (a) of subsection (2) of section
11 466.004, Florida Statutes, is amended to read:
12 466.004 Board of Dentistry.--
13 (2) To advise the board, it is the intent of the
14 Legislature that councils be appointed as specified in
15 paragraphs (a), (b), and (c). The department shall provide
16 administrative support to the councils and shall provide
17 public notice of meetings and agenda of the councils. Councils
18 shall include at least one board member who shall chair the
19 council and shall include nonboard members. All council
20 members shall be appointed by the board chair. Council
21 members shall be appointed for 4-year terms, and all members
22 shall be eligible for reimbursement of expenses in the manner
23 of board members.
24 (a) A Council on Dental Hygiene shall be appointed by
25 the board chair and shall include one dental hygienist member
26 of the board, who shall chair the council, one dental member
27 of the board, and three dental hygienists who are actively
28 engaged in the practice of dental hygiene in this state. In
29 making the appointments, the chair shall consider
30 recommendations from the Florida Dental Hygiene Hygienist
31 Association. The council shall meet at the request of the
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1 board chair, a majority of the members of the board, or the
2 council chair; however, the council must meet at least three
3 times a year. The council is charged with the responsibility
4 of and shall meet for the purpose of developing rules and
5 policies for recommendation to the board, which the board
6 shall consider, on matters pertaining to that part of
7 dentistry consisting of educational, preventive, or
8 therapeutic dental hygiene services; dental hygiene licensure,
9 discipline, or regulation; and dental hygiene education. Rule
10 and policy recommendations of the council shall be considered
11 by the board at its next regularly scheduled meeting in the
12 same manner in which it considers rule and policy
13 recommendations from designated subcommittees of the board.
14 Any rule or policy proposed by the board pertaining to the
15 specified part of dentistry defined by this subsection shall
16 be referred to the council for a recommendation before final
17 action by the board. The board may take final action on rules
18 pertaining to the specified part of dentistry defined by this
19 subsection without a council recommendation if the council
20 fails to submit a recommendation in a timely fashion as
21 prescribed by the board.
22
23 Reviser's note.--Amended to confirm the
24 substitution by the editors of the word
25 "Hygiene" for the word "Hygienists" to conform
26 to the proper name of the Florida Dental
27 Hygiene Association.
28
29 Section 56. Subsection (3) of section 475.713, Florida
30 Statutes, is amended to read:
31
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1 475.713 Civil action concerning commission; order to
2 show cause; hearing; release of proceeds; award of costs and
3 attorney's fees.--
4 (3) The court shall issue an order releasing the
5 broker's claim of lien against the owner's net proceeds from
6 such disposition, discharging any commission notice that may
7 be have been recorded, ordering the release to the owner of
8 the disputed reserved proceeds, and awarding costs and
9 reasonable attorney's fees to the owner to be paid by the
10 broker if, following a hearing, the court determines that the
11 owner is not a party to a brokerage agreement that will result
12 in the owner being obligated to pay the broker the claimed
13 commission or any portion thereof with respect to the
14 disposition of the commercial real estate identified in the
15 commission notice. If the court determines that the owner is a
16 party to a brokerage agreement that will result in the owner
17 being obligated to pay the broker the claimed commission or
18 any portion thereof with respect to the disposition of the
19 commercial real estate identified in the commission notice,
20 the court shall issue an order so stating, ordering the
21 release to the broker of the disputed reserved proceeds or
22 such portion thereof to which the court determines that the
23 broker is entitled, and awarding costs and reasonable
24 attorney's fees to the broker to be paid by the owner. Such
25 orders are final judgments.
26
27 Reviser's note.--Amended to confirm the
28 deletion by the editors of the word "be"
29 following the word "may" to improve clarity.
30
31
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1 Section 57. Subsection (8) of section 475.801, Florida
2 Statutes, is amended to read:
3 475.801 Definitions.--As used in this part:
4 (8) "Lien notice" means the written notice of lien
5 made by a broker claiming a commission under s. 475.805
6 745.805.
7
8 Reviser's note.--Amended to correct a reference
9 to nonexistent s. 745.805; s. 475.805 relates
10 to the contents of lien notices.
11
12 Section 58. Subsection (2) of section 475.805, Florida
13 Statutes, is amended to read:
14 475.805 Contents of lien notice.--
15 (2) A lien notice in substantially the following form
16 shall be sufficient for purposes of subsection (1):
17
18 BROKER'S COMMISSION LIEN NOTICE
19 UNDER FLORIDA COMMERCIAL REAL ESTATE
20 LEASING COMMISSION LIEN ACT
21
22 Notice is hereby given, pursuant to the Florida Commercial
23 Real Estate Leasing Commission Lien Act, part IV of chapter
24 475, Florida Statutes (the "act"), that the undersigned real
25 estate broker is entitled to receive a leasing commission from
26 the owner named below pursuant to the terms of a written
27 brokerage commission agreement regarding a lease of the
28 commercial real estate described below, and the undersigned
29 broker claims a lien under the act against the owner's
30 interest in the commercial real estate in the amount set forth
31 below.
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1 1. Name of the owner who is obligated to pay the commission:
2 ..............................................................
3 2. (Check one:) The owner obligated to pay the commission is:
4 [ ] the landlord under the lease.
5 [ ] the tenant under the lease.
6 3. Name of the person owning owing the fee simple interest in
7 the commercial real estate, if other than the owner who is
8 obligated to pay the commission:
9 ..............................................................
10 4. Legal description of the commercial real estate:
11 ..............................................................
12 5. Name, mailing address, telephone number, and Florida
13 broker license number of the undersigned broker:
14 ..............................................................
15 ..............................................................
16 ..............................................................
17 6. Effective date of the written brokerage commission
18 agreement between the owner and the broker under which the
19 commission is or will be payable: ................,
20 .................
21 7. Amount of commission claimed by the undersigned broker:
22 $...................., or .................... percent
23 of rents payable under lease, or
24 [specify other formula for determination of commission
25 amount]:
26 .....................................
27 8. The lease for which the commission is claimed is described
28 as follows [provide all information known to the broker]:
29 Name of landlord: ................
30 Name of tenant: ................
31 Date of lease: ....................,
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1 Leased premises: ................
2 9. Automatic renewal commissions (check yes or no): Is the
3 undersigned broker claiming a commission that may become
4 payable if the lease is later renewed or modified to expand
5 the leased premises or to extend the lease term, but the
6 written brokerage commission agreement does not expressly
7 require the broker to perform any additional services in order
8 to receive this later commission?
9 [ ] Yes
10 [ ] No
11 If yes, specify the amount of such later commission or the
12 formula for computing the later commission:
13 ..............................................................
14 10. The expiration date of this lien notice is 2 years after
15 the date of recording, unless the answer to paragraph 9 is
16 yes, in which case the expiration date of this lien notice for
17 the commission described in paragraph 9 is 10 years after the
18 date of recording.
19 11. The undersigned broker, under penalty of perjury, hereby
20 swears or affirms that the undersigned broker has read this
21 lien notice, knows its contents and believes the same to be
22 true and correct, and that the undersigned broker is making
23 this commission claim pursuant to the written brokerage
24 commission agreement described in this lien notice.
25
26 Signed: ...(broker)...
27
28 Signed and sworn to or affirmed under penalty of perjury
29 before me, a notary public, this ........ day of
30 ...................., ................, by .................
31 Signed: ...(notary public)...
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1
2
3 Reviser's note.--Amended to conform to context.
4
5 Section 59. Paragraph (a) of subsection (9) of section
6 497.458, Florida Statutes, is amended to read:
7 497.458 Disposition of proceeds received on
8 contracts.--
9 (9) The amounts required to be placed in trust by this
10 section for contracts previously entered into shall be as
11 follows:
12 (a) For contracts entered into before October 1, 1993,
13 the trust amounts as amended by s. 6, chapter 83-316 83-816,
14 Laws of Florida, shall apply.
15
16 Reviser's note.--Amended to correct a reference
17 to s. 6, ch. 83-816, Laws of Florida. Chapter
18 83-816 does not exist; s. 6, ch. 83-316, Laws
19 of Florida, amended the material currently in
20 s. 497.458.
21
22 Section 60. Paragraph (b) of subsection (6) of section
23 497.459, Florida Statutes, is amended to read:
24 497.459 Cancellation of, or default on, preneed
25 contracts.--
26 (6) OTHER PROVISIONS.--
27 (b) The amounts required to be refunded by this
28 section for contracts previously entered into shall be as
29 follows:
30
31
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1 1. For contracts entered into before October 1, 1993,
2 the refund amounts as amended by s. 7, chapter 83-316 83-816,
3 Laws of Florida, shall apply.
4 2. For contracts entered into on or after October 1,
5 1993, the refund amounts as amended by s. 99, chapter 93-399,
6 Laws of Florida, shall apply.
7
8 Reviser's note.--Amended to correct a reference
9 to s. 7, ch. 83-816, Laws of Florida. Chapter
10 83-816 does not exist; s. 7, ch. 83-316, Laws
11 of Florida, amended the material currently in
12 s. 497.459.
13
14 Section 61. Subsection (3) of section 499.024, Florida
15 Statutes, is amended to read:
16 499.024 Drug product classification.--The secretary
17 shall adopt rules to classify drug products intended for use
18 by humans which the United States Food and Drug Administration
19 has not classified in the federal act or the Code of Federal
20 Regulations.
21 (3) Any product that falls under the drug definition,
22 s. 499.003(17) 499.003(12), may be classified under the
23 authority of this section. This section does not subject
24 portable emergency oxygen inhalators to classification;
25 however, this section does not exempt any person from ss.
26 499.01 and 499.015.
27
28 Reviser's note.--Amended to conform to the
29 redesignation of s. 499.003(12), defining the
30 term "drug," as s. 499.003(17) by s. 3, ch.
31 2003-155, Laws of Florida.
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1 Section 62. Subsection (20) of section 517.12, Florida
2 Statutes, is amended to read:
3 517.12 Registration of dealers, associated persons,
4 investment advisers, and branch offices.--
5 (20) The registration requirements of this section do
6 not apply to any general lines insurance agent or life
7 insurance agent licensed under chapter 626, for the sale of a
8 security as defined in s. 517.021(21)(g) 517.021(20)(g), if
9 the individual is directly authorized by the issuer to offer
10 or sell the security on behalf of the issuer and the issuer is
11 a federally chartered savings bank subject to regulation by
12 the Federal Deposit Insurance Corporation. Actions under this
13 subsection shall constitute activity under the insurance
14 agent's license for purposes of ss. 626.611 and 626.621.
15
16 Reviser's note.--Amended to correct a reference
17 and conform to context. Section 517.021(20) is
18 not divided into paragraphs; s. 517.021(21)(g)
19 lists certificates of deposit within the
20 definition of the word "security." The
21 reference in s. 517.12, originally to s.
22 517.021(19)(g), was added by s. 12, ch.
23 2002-404, Laws of Florida; the cited material
24 there is now in s. 517.021(21)(g).
25
26 Section 63. Subsection (1) of section 553.792, Florida
27 Statutes, is amended to read:
28 553.792 Building permit application to local
29 government.--
30 (1) Within 10 days of an applicant submitting an
31 application to the local government, the local government
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1 shall advise the applicant what information, if any, is needed
2 to deem the application properly completed in compliance with
3 the filing requirements published by the local government. If
4 the local government does not provide written notice that the
5 applicant has not submitted the properly completed
6 application, the application shall be automatically deemed
7 properly completed and accepted. Within 45 days after
8 receiving a completed application, a local government must
9 notify an applicant if additional information is required for
10 the local government to determine the sufficiency of the
11 application, and shall specify the additional information that
12 is required. The applicant must submit the additional
13 information to the local government or request that the local
14 government act without the additional information. While the
15 applicant responds to the request for additional information,
16 the 120-day period described in this subsection (2) is tolled.
17 Both parties may agree to a reasonable request for an
18 extension of time, particularly in the event of a force major
19 or other extraordinary circumstance. The local government must
20 approve, approve with conditions, or deny the application
21 within 120 days following receipt of a completed application.
22
23 Reviser's note.--Amended to correct a reference
24 and improve clarity. Section 553.792(2) does
25 not reference a 120-day period for action on an
26 application; subsection (1) does require local
27 government action on an application within 120
28 days following receipt of a completed
29 application.
30
31
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1 Section 64. Paragraph (a) of subsection (7) of section
2 553.80, Florida Statutes, is amended to read:
3 553.80 Enforcement.--
4 (7) The governing bodies of local governments may
5 provide a schedule of reasonable fees, as authorized by s.
6 125.56(2) or s. 166.222 and this section, for enforcing this
7 part. These fees, and any fines or investment earnings related
8 to the fees, shall be used solely for carrying out the local
9 government's responsibilities in enforcing the Florida
10 Building Code. When providing a schedule of reasonable fees,
11 the total estimated annual revenue derived from fees, and the
12 fines and investment earnings related to the fees, may not
13 exceed the total estimated annual costs of allowable
14 activities. Any unexpended balances shall be carried forward
15 to future years for allowable activities or shall be refunded
16 at the discretion of the local government. The basis for a fee
17 structure for allowable activities shall relate to the level
18 of service provided by the local government. Fees charged
19 shall be consistently applied.
20 (a) As used in this subsection, the phrase "enforcing
21 the Florida Building Code" includes the direct costs and
22 reasonable indirect costs associated with review of building
23 plans, building inspections, reinspections, and building
24 permit processing; building code enforcement; and fire
25 inspections associated with new construction. The phrase may
26 also include training costs associated with the enforcement of
27 the Florida Building Code and enforcement action pertaining to
28 unlicensed contractor activity to the extent not funded by
29 other user fees.
30
31
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1 Reviser's note.--Amended to confirm the
2 insertion by the editors of the word "and"
3 following the word "reinspections" to improve
4 clarity.
5
6 Section 65. Subsections (3) and (4) of section
7 553.842, Florida Statutes, are amended to read:
8 553.842 Product evaluation and approval.--
9 (3) Products or methods or systems of construction
10 that require approval under s. 553.77, that have standardized
11 testing or comparative or rational analysis methods
12 established by the code, and that are certified by an approved
13 product evaluation entity, testing laboratory, or
14 certification agency as complying with the standards specified
15 by the code shall be approved for statewide use. Products
16 required to be approved for statewide use shall be approved by
17 one of the methods established in subsection (5) (6) without
18 further evaluation.
19 (4) Products or methods or systems of construction
20 requiring approval under s. 553.77 must be approved by one of
21 the methods established in subsection (5) or subsection (6)
22 before their use in construction in this state. Products may
23 be approved by the commission for statewide use.
24 Notwithstanding a local government's authority to amend the
25 Florida Building Code as provided in this act, statewide
26 approval shall preclude local jurisdictions from requiring
27 further testing, evaluation, or submission of other evidence
28 as a condition of using the product so long as the product is
29 being used consistent with the conditions of its approval.
30
31
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1 Reviser's note.--Amended to conform to the
2 deletion of former s. 553.842(5) and the
3 consequent redesignation of subsection (6) as
4 subsection (5) by s. 16, ch. 2005-147, Laws of
5 Florida.
6
7 Section 66. Paragraph (f) of subsection (1) of section
8 553.8425, Florida Statutes, is amended to read:
9 553.8425 Local product approval.--
10 (1) For local product approval, products or systems of
11 construction shall demonstrate compliance with the structural
12 windload requirements of the Florida Building Code through one
13 of the following methods:
14 (f) Designation of compliance with a prescriptive,
15 material standard adopted by the commission by rule under s.
16 553.842(15) 553.842(16).
17
18 Reviser's note.--Amended to conform to the
19 location of material relating to adoption of a
20 rule listing prescriptive material standards in
21 s. 553.842(15); s. 553.842(16) does not exist.
22
23 Section 67. Subsection (6) of section 556.102, Florida
24 Statutes, is amended to read:
25 556.102 Definitions.--As used in this act:
26 (6) "Excavate" or "excavation" means any manmade cut,
27 cavity, trench, or depression in the earth's surface, formed
28 by removal of earth, intended to change the grade or level of
29 land, or intended to penetrate or disturb the surface of the
30 earth, including land beneath the waters of the state, as
31 defined in s. 373.019(20) 373.019(17), and the term includes
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1 pipe bursting and directional drilling or boring from one
2 point to another point beneath the surface of the earth, or
3 other trenchless technologies.
4
5 Reviser's note.--Amended to conform to the
6 redesignation of s. 373.019(17), defining
7 "water" or "waters of the state," as s.
8 373.019(20) by s. 1, ch. 2005-291, Laws of
9 Florida.
10
11 Section 68. Paragraph (c) of subsection (2) of section
12 570.076, Florida Statutes, is amended to read:
13 570.076 Environmental Stewardship Certification
14 Program.--The department may, by rule, establish the
15 Environmental Stewardship Certification Program consistent
16 with this section. A rule adopted under this section must be
17 developed in consultation with state universities,
18 agricultural organizations, and other interested parties.
19 (2) The department shall provide an agricultural
20 certification under this program for implementation of one or
21 more of the following criteria:
22 (c) Best management practices adopted by rule pursuant
23 to s. 403.067(7)(c) 403.067(7)(d) or s. 570.085(2).
24
25 Reviser's note.--Amended to conform a reference
26 to the location of material relating to best
27 management practices in s. 403.067(7)(c); s.
28 403.067(7)(d) was amended and merged into
29 paragraph (c) by s. 6, ch. 2005-166, Laws of
30 Florida, and s. 13, ch. 2005-291, Laws of
31 Florida.
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1 Section 69. Paragraph (a) of subsection (1) of section
2 608.4355, Florida Statutes, is amended to read:
3 608.4355 Notice of intent to demand payment.--
4 (1) If a proposed appraisal event is submitted to a
5 vote at a members' meeting, or is submitted to a member
6 pursuant to a consent vote, a member who is entitled to and
7 who wishes to assert appraisal rights with respect to any
8 class or series of membership interests:
9 (a) Must deliver to a manager or managing member of
10 the limited liability company before the vote is taken, or
11 within 20 days after receiving the notice pursuant to s.
12 608.4354(3) 608.4353(3) if action is to be taken without a
13 member meeting, written notice of such person's intent to
14 demand payment if the proposed appraisal event is effectuated.
15
16 Reviser's note.--Amended to conform to the fact
17 that s. 608.4353 does not contain a subsection
18 (3) and s. 608.4354(3) relates to notice in a
19 situation where an appraisal event is to be
20 approved other than by a member meeting.
21
22 Section 70. Subsection (6) of section 608.4381,
23 Florida Statutes, is amended to read:
24 608.4381 Action on plan of merger.--
25 (6) A plan of merger may provide for the manner, if
26 any, in which the plan of merger may be amended at any time
27 before the effective date of the merger, except after the
28 approval of the plan of merger by the members of a limited
29 liability company that is a party to the merger, the plan of
30 merger may not be amended to:
31
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1 (a) Change the amount or kind of interests,
2 partnership interests, shares, obligations, other securities,
3 cash, rights, or any other property to be received by the
4 members of such limited liability company in exchange for or
5 on conversion of their interests;
6 (b) If the surviving entity is a limited liability
7 company, change any term of the articles of organization or
8 the operating agreement of the surviving entity, except for
9 changes that otherwise could be adopted without the approval
10 of the members of the surviving entity;
11 (c) If the surviving entity is not a limited liability
12 company, change any term of the articles of incorporation or
13 comparable governing document of the surviving entity, except
14 for changes that otherwise could be adopted by the board of
15 directors or comparable representatives of the surviving
16 entity; or
17 (d) Change any of the terms and conditions of the plan
18 of merger if any such change, alone or in the aggregate, would
19 materially and adversely affect the members, or any class or
20 group of members, of such limited liability company.
21
22 If an amendment to a plan of merger is made in accordance with
23 the plan and articles of merger have been filed with the
24 Department of State, an amended certificate of merger executed
25 by each limited liability company and other business entity
26 that is a party to the merger shall be filed with the
27 Department of State prior to the effective date of the merger.
28
29 Reviser's note.--Amended to confirm the
30 insertion by the editors of the word "with"
31
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1 following the word "accordance" to improve
2 clarity.
3
4 Section 71. Subsection (5) of section 620.1108,
5 Florida Statutes, is amended to read:
6 620.1108 Name.--
7 (5) Subject to s. 620.1905 620.905, this section
8 applies to any foreign limited partnership transacting
9 business in this state, having a certificate of authority to
10 transact business in this state, or applying for a certificate
11 of authority.
12
13 Reviser's note.--Amended to confirm the
14 substitution by the editors of a reference to
15 s. 620.1905 for a reference to s. 620.905,
16 which does not exist. Section 620.1905 relates
17 to noncomplying names of foreign limited
18 partnerships.
19
20 Section 72. Paragraph (b) of subsection (2) of section
21 620.1110, Florida Statutes, is amended to read:
22 620.1110 Effect of partnership agreement; nonwaivable
23 provisions.--
24 (2) A partnership agreement may not:
25 (b) Vary the law applicable to a limited partnership
26 under s. 620.1106 620.106;
27
28 Reviser's note.--Amended to confirm the
29 substitution by the editors of a reference to
30 s. 620.1106 for a reference to s. 620.106,
31 which was repealed by s. 25, ch. 2005-267, Laws
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1 of Florida. Section 620.1106 relates to
2 governing law.
3
4 Section 73. Paragraphs (g) and (k) of subsection (1)
5 of section 620.1204, Florida Statutes, are amended to read:
6 620.1204 Signing of records.--
7 (1) Each record delivered to the Department of State
8 for filing pursuant to this act must be signed in the
9 following manner:
10 (g) A certificate of dissolution, a statement of
11 termination, and a certificate of revocation of dissolution
12 must be signed by all general partners listed in the
13 certificate of limited partnership or, if the certificate of
14 limited partnership of a dissolved limited partnership lists
15 no general partners, by the person appointed pursuant to s.
16 620.1803(3) or (4) 620.803(3) or (4) to wind up the dissolved
17 limited partnership's activities.
18 (k) A statement by a person pursuant to s. 620.1605(2)
19 620.1605(1)(d) stating that the person has dissociated as a
20 general partner must be signed by that person.
21
22 Reviser's note.--Paragraph (1)(g) is amended to
23 confirm the substitution by the editors of a
24 reference to s. 620.1803(3) or (4) for a
25 reference to s. 620.803(3) or (4). Section
26 620.803 does not exist; s. 620.1803(3) and (4)
27 relate to appointment of a person to wind up
28 limited partnership activities. Paragraph
29 (1)(k) is amended to correct a reference and
30 conform to context; s. 620.1605(1)(d) does not
31
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1 exist; s. 620.1605(2) relates to a statement of
2 dissociation.
3
4 Section 74. Paragraph (a) of subsection (3) of section
5 620.1207, Florida Statutes, is amended to read:
6 620.1207 Correcting filed record.--
7 (3) When filed by the Department of State, a statement
8 of correction is effective retroactively as of the effective
9 date of the record the statement corrects, but the statement
10 is effective when filed:
11 (a) For the purposes of s. 620.1103(3) and (4)
12 620.103(3) and (4).
13
14 Reviser's note.--Amended to confirm the
15 substitution by the editors of a reference to
16 s. 620.1103(3) and (4) for a reference to s.
17 620.103(3) and (4). Section 620.103 was
18 repealed by s. 25, ch. 2005-267, Laws of
19 Florida; s. 620.1103(3) and (4) relate to
20 documents serving as notice of limited
21 partnership and partner status.
22
23 Section 75. Subsection (9) of section 620.1407,
24 Florida Statutes, is amended to read:
25 620.1407 Right of general partner and former general
26 partner to information.--
27 (9) The rights under this section do not extend to a
28 person as transferee, but the rights under subsection (3) of a
29 person dissociated as a general partner may be exercised by
30 the legal representative of an individual who dissociated as a
31
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1 general partner under s. 620.1603(7)(b) or (c) 620.603(7)(b)
2 or (c).
3
4 Reviser's note.--Amended to confirm the
5 substitution by the editors of a reference to
6 s. 620.1603(7)(b) or (c) for a reference to s.
7 620.603(7)(b) or (c). Section 620.603 does not
8 exist; s. 620.1603(7)(b) and (c) relate to
9 dissociation of a general partner by virtue of
10 guardianship or incapacity, respectively.
11
12 Section 76. Paragraph (b) of subsection (2) of section
13 620.2118, Florida Statutes, is amended to read:
14 620.2118 Appraisal notice and form.--
15 (2) The appraisal notice must be sent no earlier than
16 the date the appraisal event became effective and no later
17 than 10 days after such date and must:
18 (b) State:
19 1. Where the form described in paragraph (a) must be
20 sent.
21 2. A date by which the limited partnership must
22 receive the form, which date may not be fewer than 40 or more
23 than 60 days after the date the appraisal notice and form
24 described in this subsection are sent, and state that the
25 limited partner shall have waived the right to demand
26 appraisal with respect to the limited partner interests unless
27 the form is received by the limited partnership by such
28 specified date.
29 3. In the case of limited partner interest represented
30 by a certificate, the location at which certificates for such
31 certificated partnership interests must be deposited, if that
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1 action is required by the limited partnership, and the date by
2 which those certificates must be deposited, which date may not
3 be earlier than the date for receiving the required form under
4 subparagraph 2.
5 4. The limited partnership's estimate of the fair
6 value of the limited partner interests.
7 5. An offer to each limited partner who is entitled to
8 appraisal rights to pay the limited partnership's estimate of
9 fair value set forth in subparagraph 4.
10 6. That, if requested in writing, the limited
11 partnership will provide to the limited partner so requesting,
12 within 10 days after the date specified in subparagraph 2.,
13 the number of limited partners who return the forms by the
14 specified date and the total number of limited partner
15 interests owned by them.
16 7. The date by which the notice to withdraw under s.
17 620.2119 620.1119 must be received, which date must be within
18 20 days after the date specified in subparagraph 2.
19
20 Reviser's note.--Amended to correct a reference
21 and conform to context. Section 620.1119 does
22 not exist; s. 620.2119 relates to the right to
23 withdraw.
24
25 Section 77. Subsection (1) of section 620.2120,
26 Florida Statutes, is amended to read:
27 620.2120 Limited partner's acceptance of limited
28 partnership's offer.--
29 (1) If the limited partner states on the form provided
30 in s. 620.2118(1) that the limited partner accepts the offer
31 of the limited partnership to pay the limited partnership's
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1 estimated fair value for the limited partner interest, the
2 limited partnership shall make such payment to the limited
3 partner within 90 days after the limited partnership's receipt
4 of the items required by s. 620.2119(1) 620.1119(1).
5
6 Reviser's note.--Amended to confirm the
7 substitution by the editors of a reference to
8 s. 620.2119(1) for a reference to s.
9 620.1119(1). Section 620.1119 does not exist;
10 s. 620.2119(1) relates to deposit of a limited
11 partner's certificates and corresponding loss
12 of rights as a limited partner.
13
14 Section 78. Paragraphs (d) and (f) of subsection (3)
15 of section 620.2204, Florida Statutes, are amended to read:
16 620.2204 Application to existing relationships.--
17 (3) With respect to a limited partnership formed
18 before January 1, 2006, the following rules apply except as
19 the partners otherwise elect in the manner provided in the
20 partnership agreement or by law for amending the partnership
21 agreement:
22 (d) The provisions of s. 620.1603(4) 620.603(4) do not
23 apply.
24 (f) The provisions of s. 620.1801(1)(c) 620.1801(3) do
25 not apply and the connection between a person's dissociation
26 as a general partner and the dissolution of the limited
27 partnership is the same as existed immediately before January
28 1, 2006.
29
30 Reviser's note.--Paragraph (3)(d) is amended to
31 confirm the substitution by the editors of a
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1 reference to s. 620.1603(4) for a reference to
2 s. 620.603(4). Section 620.603 does not exist;
3 s. 620.1603(4) relates to expulsion of a
4 general partner. Paragraph (3)(f) is amended to
5 confirm the substitution by the editors of a
6 reference to s. 620.1801(1)(c) for a reference
7 to s. 620.1801(3). Section 620.1801(3) does not
8 exist; s. 620.1801(1)(c) relates to the
9 dissociation of a general partner and consent
10 to continue or dissolve the limited
11 partnership.
12
13 Section 79. Subsection (15) of section 620.8101,
14 Florida Statutes, is amended to read:
15 620.8101 Definitions.--As used in this act, the term:
16 (15) "Statement" means a statement of partnership
17 authority under s. 620.8303, a statement of denial under s.
18 620.8304, a statement of dissociation under s. 620.8704, a
19 statement of dissolution under s. 620.8805, a statement of
20 merger under s. 620.8918 620.8907, a statement of
21 qualification under s. 620.9001, a statement of foreign
22 qualification under s. 620.9102, or an amendment or
23 cancellation of any of the foregoing.
24
25 Reviser's note.--Amended to conform to the
26 repeal of s. 620.8907 by s. 25, ch. 2005-267,
27 Laws of Florida. Filings required for merger
28 are now covered in s. 620.8918, including a
29 reference to the statement of merger.
30
31
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1 Section 80. Subsection (1) of section 620.8702,
2 Florida Statutes, is amended to read:
3 620.8702 Dissociated partner's power to bind and
4 liability to partnership.--
5 (1) For 1 year after a partner dissociates without
6 resulting in a dissolution and winding up of the partnership
7 business, the partnership, including a surviving partnership
8 under ss. 620.8911-620.8923 620.8901-620.8908, is bound by an
9 act of the dissociated partner which would have bound the
10 partnership under s. 620.8301 before dissociation only if, at
11 the time of entering into the transaction, the other party:
12 (a) Reasonably believed that the dissociated partner
13 was then a partner;
14 (b) Did not have notice of the partner's dissociation;
15 and
16 (c) Is not deemed to have had knowledge under s.
17 620.8303(4) or notice under s. 620.8704(4).
18
19 Reviser's note.--Amended to conform to the
20 repeal of ss. 620.8901-620.8908 relating to
21 conversion of a partnership to a limited
22 partnership; conversion procedures are now
23 covered in ss. 620.8911-620.8923.
24
25 Section 81. Subsection (2) of section 620.8703,
26 Florida Statutes, is amended to read:
27 620.8703 Dissociated partner's liability to other
28 persons.--
29 (2) A partner who dissociates without resulting in a
30 dissolution and winding up of the partnership business is
31 liable as a partner to any other party to a transaction
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1 entered into by the partnership, or a surviving partnership
2 under ss. 620.8911-620.8923 620.8901-620.8908, within 1 year
3 after the partner's dissociation only if the partner is liable
4 for the obligation under s. 620.8306 and, at the time of
5 entering into the transaction, the other party:
6 (a) Reasonably believed that the dissociated partner
7 was then a partner;
8 (b) Did not have notice of the partner's dissociation;
9 and
10 (c) Is not deemed to have had knowledge under s.
11 620.8303(4) or notice under s. 620.8704(4).
12
13 Reviser's note.--Amended to conform to the
14 repeal of ss. 620.8901-620.8908 relating to
15 conversion of a partnership to a limited
16 partnership; conversion procedures are now
17 covered in ss. 620.8911-620.8923.
18
19 Section 82. Paragraph (a) of subsection (7) of section
20 624.501, Florida Statutes, is amended to read:
21 624.501 Filing, license, appointment, and
22 miscellaneous fees.--The department, commission, or office, as
23 appropriate, shall collect in advance, and persons so served
24 shall pay to it in advance, fees, licenses, and miscellaneous
25 charges as follows:
26 (7) Life insurance agents.
27 (a) Agent's original appointment and biennial renewal
28 or continuation thereof, each insurer or agent making an
29 appointment:
30 Appointment fee..................................$42.00
31 State tax.........................................12.00
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1 County tax.........................................6.00
2 Total...................................................$60.00
3
4 Reviser's note.--Amended to confirm the
5 reinsertion by the editors of the word "fee"
6 following the word "Appointment" to correct a
7 coding error and conform to context.
8
9 Section 83. Paragraph (b) of subsection (5) of section
10 624.509, Florida Statutes, is amended to read:
11 624.509 Premium tax; rate and computation.--
12 (5)
13 (b) For purposes of this subsection:
14 1. The term "salaries" does not include amounts paid
15 as commissions.
16 2. The term "employees" does not include independent
17 contractors or any person whose duties require that the person
18 hold a valid license under the Florida Insurance Code, except
19 adjusters, managing general agents, and service
20 representatives, as defined in s. 626.015.
21 3. The term "net tax" means the tax imposed by this
22 section after applying the calculations and credits set forth
23 in subsection (4).
24 4. An affiliated group of corporations that created a
25 service company within its affiliated group on July 30, 2002,
26 shall allocate the salary of each service company employee
27 covered by contracts with affiliated group members to the
28 companies for which the employees perform services. The salary
29 allocation is based on the amount of time during the tax year
30 that the individual employee spends performing services or
31 otherwise working for each company over the total amount of
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1 time the employee spends performing services or otherwise
2 working for all companies. The total amount of salary
3 allocated to an insurance company within the affiliated group
4 shall be included as that insurer's employee salaries for
5 purposes of this section.
6 a. Except as provided in subparagraph (a)2.
7 subparagraph 2., the term "affiliated group of corporations"
8 means two or more corporations that are entirely owned by a
9 single corporation and that constitute an affiliated group of
10 corporations as defined in s. 1504(a) of the Internal Revenue
11 Code.
12 b. The term "service company" means a separate
13 corporation within the affiliated group of corporations whose
14 employees provide services to affiliated group members and
15 which are treated as service company employees for
16 unemployment compensation and common law purposes. The holding
17 company of an affiliated group may not qualify as a service
18 company. An insurance company may not qualify as a service
19 company.
20 c. If an insurance company fails to substantiate,
21 whether by means of adequate records or otherwise, its
22 eligibility to claim the service company exception under this
23 section, or its salary allocation under this section, no
24 credit shall be allowed.
25 5. A service company that is a subsidiary of a mutual
26 insurance holding company, which mutual insurance holding
27 company was in existence on or before January 1, 2000, shall
28 allocate the salary of each service company employee covered
29 by contracts with members of the mutual insurance holding
30 company system to the companies for which the employees
31 perform services. The salary allocation is based on the ratio
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1 of the amount of time during the tax year which the individual
2 employee spends performing services or otherwise working for
3 each company to the total amount of time the employee spends
4 performing services or otherwise working for all companies.
5 The total amount of salary allocated to an insurance company
6 within the mutual insurance holding company system shall be
7 included as that insurer's employee salaries for purposes of
8 this section. However, this subparagraph does not apply for
9 any tax year unless funds sufficient to offset the anticipated
10 salary credits have been appropriated to the General Revenue
11 Fund prior to the due date of the final return for that year.
12 a. The term "mutual insurance holding company system"
13 means two or more corporations that are subsidiaries of a
14 mutual insurance holding company and in compliance with part
15 IV of chapter 628.
16 b. The term "service company" means a separate
17 corporation within the mutual insurance holding company system
18 whose employees provide services to other members of the
19 mutual insurance holding company system and are treated as
20 service company employees for unemployment compensation and
21 common-law purposes. The mutual insurance holding company may
22 not qualify as a service company.
23 c. If an insurance company fails to substantiate,
24 whether by means of adequate records or otherwise, its
25 eligibility to claim the service company exception under this
26 section, or its salary allocation under this section, no
27 credit shall be allowed.
28
29 Reviser's note.--Amended to correct a reference
30 and conform to context; subparagraph (5)(b)2.
31 does not reference affiliated groups of
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1 corporations; they are covered in subparagraph
2 (5)(a)2.
3
4 Section 84. Paragraph (d) of subsection (3) of section
5 624.91, Florida Statutes, is repealed.
6
7 Reviser's note.--The cited paragraph, which
8 authorizes certain enrollees in the Healthy
9 Kids program as of January 31, 2004, to remain
10 eligible until January 1, 2005, has served its
11 purpose.
12
13 Section 85. Paragraph (d) of subsection (2) of section
14 626.8411, Florida Statutes, is repealed.
15
16 Reviser's note.--The cited paragraph, which
17 provides that s. 626.592 does not apply to
18 title insurance agents or agencies, is
19 obsolete; s. 626.592 was repealed by s. 32, ch.
20 2005-257, Laws of Florida.
21
22 Section 86. Paragraph (b) of subsection (4) of section
23 626.9911, Florida Statutes, is amended to read:
24 626.9911 Definitions.--As used in this act, the term:
25 (4) "Life expectancy provider" means a person who
26 determines, or holds himself or herself out as determining,
27 life expectancies or mortality ratings used to determine life
28 expectancies:
29 (b) In connection with a viatical settlement
30 investment, pursuant to s. 517.021(23) 517.021(22); or
31
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1 Reviser's note.--Amended to correct a reference
2 and conform to context. Section 517.021(22)
3 defines "underwriter"; s. 517.021(23) defines
4 "viatical settlement investment."
5
6 Section 87. Paragraph (d) of subsection (6) of section
7 627.351, Florida Statutes, is amended to read:
8 627.351 Insurance risk apportionment plans.--
9 (6) CITIZENS PROPERTY INSURANCE CORPORATION.--
10 (d)1. It is the intent of the Legislature that the
11 rates for coverage provided by the corporation be actuarially
12 sound and not competitive with approved rates charged in the
13 admitted voluntary market, so that the corporation functions
14 as a residual market mechanism to provide insurance only when
15 the insurance cannot be procured in the voluntary market.
16 Rates shall include an appropriate catastrophe loading factor
17 that reflects the actual catastrophic exposure of the
18 corporation.
19 2. For each county, the average rates of the
20 corporation for each line of business for personal lines
21 residential policies excluding rates for wind-only policies
22 shall be no lower than the average rates charged by the
23 insurer that had the highest average rate in that county among
24 the 20 insurers with the greatest total direct written premium
25 in the state for that line of business in the preceding year,
26 except that with respect to mobile home coverages, the average
27 rates of the corporation shall be no lower than the average
28 rates charged by the insurer that had the highest average rate
29 in that county among the 5 insurers with the greatest total
30 written premium for mobile home owner's policies in the state
31 in the preceding year.
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1 3. Rates for personal lines residential wind-only
2 policies must be actuarially sound and not competitive with
3 approved rates charged by authorized insurers. Corporation
4 rate manuals shall include a rate surcharge for seasonal
5 occupancy. To ensure that personal lines residential wind-only
6 rates are not competitive with approved rates charged by
7 authorized insurers, the corporation, in conjunction with the
8 office, shall develop a wind-only ratemaking methodology,
9 which methodology shall be contained in each rate filing made
10 by the corporation with the office. If the office determines
11 that the wind-only rates or rating factors filed by the
12 corporation fail to comply with the wind-only ratemaking
13 methodology provided for in this subsection, it shall so
14 notify the corporation and require the corporation to amend
15 its rates or rating factors to come into compliance within 90
16 days of notice from the office.
17 4. For the purposes of establishing a pilot program to
18 evaluate issues relating to the availability and affordability
19 of insurance in an area where historically there has been
20 little market competition, the provisions of subparagraph 2.
21 do not apply to coverage provided by the corporation in Monroe
22 County if the office determines that a reasonable degree of
23 competition does not exist for personal lines residential
24 policies. The provisions of subparagraph 3. do not apply to
25 coverage provided by the corporation in Monroe County if the
26 office determines that a reasonable degree of competition does
27 not exist for personal lines residential policies in the area
28 of that county which is eligible for wind-only coverage. In
29 this county, the rates for personal lines residential coverage
30 shall be actuarially sound and not excessive, inadequate, or
31 unfairly discriminatory and are subject to the other
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1 provisions of the paragraph and s. 627.062. The commission
2 shall adopt rules establishing the criteria for determining
3 whether a reasonable degree of competition exists for personal
4 lines residential policies in Monroe County. By March 1, 2006,
5 the office shall submit a report to the Legislature providing
6 an evaluation of the implementation of the pilot program
7 affecting Monroe County.
8 5. Rates for commercial lines coverage shall not be
9 subject to the requirements of subparagraph 2., but shall be
10 subject to all other requirements of this paragraph and s.
11 627.062.
12 6. Nothing in this paragraph shall require or allow
13 the corporation to adopt a rate that is inadequate under s.
14 627.062.
15 7. The corporation shall certify to the office at
16 least twice annually that its personal lines rates comply with
17 the requirements of subparagraphs 1. and 2. If any adjustment
18 in the rates or rating factors of the corporation is necessary
19 to ensure such compliance, the corporation shall make and
20 implement such adjustments and file its revised rates and
21 rating factors with the office. If the office thereafter
22 determines that the revised rates and rating factors fail to
23 comply with the provisions of subparagraphs 1. and 2., it
24 shall notify the corporation and require the corporation to
25 amend its rates or rating factors in conjunction with its next
26 rate filing. The office must notify the corporation by
27 electronic means of any rate filing it approves for any
28 insurer among the insurers referred to in subparagraph 2.
29 8. In addition to the rates otherwise determined
30 pursuant to this paragraph, the corporation shall impose and
31
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1 collect an amount equal to the premium tax provided for in s.
2 624.509 to augment the financial resources of the corporation.
3 9.a. To assist the corporation in developing
4 additional ratemaking methods to assure compliance with
5 subparagraphs 1. and 5. 4., the corporation shall appoint a
6 rate methodology panel consisting of one person recommended by
7 the Florida Association of Insurance Agents, one person
8 recommended by the Professional Insurance Agents of Florida,
9 one person recommended by the Florida Association of Insurance
10 and Financial Advisors, one person recommended by the insurer
11 with the highest voluntary market share of residential
12 property insurance business in the state, one person
13 recommended by the insurer with the second-highest voluntary
14 market share of residential property insurance business in the
15 state, one person recommended by an insurer writing commercial
16 residential property insurance in this state, one person
17 recommended by the Office of Insurance Regulation, and one
18 board member designated by the board chairman, who shall serve
19 as chairman of the panel.
20 b. By January 1, 2004, the rate methodology panel
21 shall provide a report to the corporation of its findings and
22 recommendations for the use of additional ratemaking methods
23 and procedures, including the use of a rate equalization
24 surcharge in an amount sufficient to assure that the total
25 cost of coverage for policyholders or applicants to the
26 corporation is sufficient to comply with subparagraph 1.
27 c. Within 30 days after such report, the corporation
28 shall present to the President of the Senate, the Speaker of
29 the House of Representatives, the minority party leaders of
30 each house of the Legislature, and the chairs of the standing
31 committees of each house of the Legislature having
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1 jurisdiction of insurance issues, a plan for implementing the
2 additional ratemaking methods and an outline of any
3 legislation needed to facilitate use of the new methods.
4 d. The plan must include a provision that producer
5 commissions paid by the corporation shall not be calculated in
6 such a manner as to include any rate equalization surcharge.
7 However, without regard to the plan to be developed or its
8 implementation, producer commissions paid by the corporation
9 for each account, other than the quota share primary program,
10 shall remain fixed as to percentage, effective rate,
11 calculation, and payment method until January 1, 2004.
12 10. By January 1, 2004, the corporation shall develop
13 a notice to policyholders or applicants that the rates of
14 Citizens Property Insurance Corporation are intended to be
15 higher than the rates of any admitted carrier and providing
16 other information the corporation deems necessary to assist
17 consumers in finding other voluntary admitted insurers willing
18 to insure their property.
19
20 Reviser's note.--Amended to conform to the
21 redesignation of subparagraph (6)(d)4. as
22 subparagraph (6)(d)5. by s. 7, ch. 2005-111,
23 Laws of Florida.
24
25 Section 88. Paragraph (d) of subsection (6) of section
26 627.3511, Florida Statutes, is amended to read:
27 627.3511 Depopulation of Citizens Property Insurance
28 Corporation.--
29 (6) COMMERCIAL RESIDENTIAL TAKE-OUT PLANS.--
30 (d) The calculation of an insurer's regular assessment
31 liability under s. 627.351(6)(b)3.a. and b. 627.351(b)3.a. and
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1 b., but not emergency assessments collected from policyholders
2 pursuant to s. 627.351(6)(b)3.d., shall, with respect to
3 commercial residential policies removed from the corporation
4 under an approved take-out plan, exclude such removed policies
5 for the succeeding 3 years, as follows:
6 1. In the first year following removal of the
7 policies, the policies are excluded from the calculation to
8 the extent of 100 percent.
9 2. In the second year following removal of the
10 policies, the policies are excluded from the calculation to
11 the extent of 75 percent.
12 3. In the third year following removal of the
13 policies, the policies are excluded from the calculation to
14 the extent of 50 percent.
15
16 Reviser's note.--Amended to correct a reference
17 and conform to context. The cite to s.
18 627.351(b)3.a. and b. does not reference the
19 subsection within s. 627.351 where the
20 referenced material is located; based on
21 context, a reference to s. 627.351(6)(b)3.a.
22 and b., relating to levy of assessments on
23 assessable insurers with specified deficits,
24 was substituted for the incomplete cite.
25
26 Section 89. Subsection (1) of section 627.6418,
27 Florida Statutes, is amended to read:
28 627.6418 Coverage for mammograms.--
29 (1) An accident or health insurance policy issued,
30 amended, delivered, or renewed in this state must provide
31 coverage for at least the following:
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1 (a) A baseline mammogram for any woman who is 35 years
2 of age or older, but younger than 40 years of age.
3 (b) A mammogram every 2 years for any woman who is 40
4 years of age or older, but younger than 50 years of age, or
5 more frequently based on the patient's physician's
6 recommendation.
7 (c) A mammogram every year for any woman who is 50
8 years of age or older.
9 (d) One or more mammograms a year, based upon a
10 physician's recommendation, for any woman who is at risk for
11 breast cancer because of a personal or family history of
12 breast cancer, because of having a history of biopsy-proven
13 benign breast disease, because of having a mother, sister, or
14 daughter who has or has had breast cancer, or because a woman
15 has not given birth before the age of 30.
16
17 It is the intent of the Legislature that, when practice
18 parameters for the delivery of mammography services are
19 developed pursuant to s. 408.02(7), the Legislature review the
20 requirements of this section and conform to the practice
21 parameters.
22
23 Reviser's note.--Amended to delete a provision
24 that has served its purpose. The practice
25 parameters to be reviewed were to be developed
26 pursuant to s. 408.02(7), which was repealed by
27 s. 42, ch. 2004-297, Laws of Florida.
28
29 Section 90. Subsection (1) of section 627.6613,
30 Florida Statutes, is amended to read:
31 627.6613 Coverage for mammograms.--
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1 (1) A group, blanket, or franchise accident or health
2 insurance policy issued, amended, delivered, or renewed in
3 this state must provide coverage for at least the following:
4 (a) A baseline mammogram for any woman who is 35 years
5 of age or older, but younger than 40 years of age.
6 (b) A mammogram every 2 years for any woman who is 40
7 years of age or older, but younger than 50 years of age, or
8 more frequently based on the patient's physician's
9 recommendation.
10 (c) A mammogram every year for any woman who is 50
11 years of age or older.
12 (d) One or more mammograms a year, based upon a
13 physician's recommendation, for any woman who is at risk for
14 breast cancer because of a personal or family history of
15 breast cancer, because of having a history of biopsy-proven
16 benign breast disease, because of having a mother, sister, or
17 daughter who has or has had breast cancer, or because a woman
18 has not given birth before the age of 30.
19
20 It is the intent of the Legislature that, when practice
21 parameters for the delivery of mammography services are
22 developed pursuant to s. 408.02(7), the Legislature review the
23 requirements of this section and conform to the practice
24 parameters.
25
26 Reviser's note.--Amended to delete a provision
27 that has served its purpose. The practice
28 parameters to be reviewed were to be developed
29 pursuant to s. 408.02(7), which was repealed by
30 s. 42, ch. 2004-297, Laws of Florida.
31
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1 Section 91. Section 627.711, Florida Statutes, is
2 amended to read:
3 627.711 Notice of premium discounts for hurricane loss
4 mitigation.--Using a form prescribed by the Office of
5 Insurance Regulation, the insurer shall clearly notify the
6 applicant or policyholder of any personal lines residential
7 property insurance policy, at the time of the issuance of the
8 policy and at each renewal, of the availability and the range
9 of each premium discount, credit, other rate differential, or
10 reduction in deductibles for properties on which fixtures or
11 construction techniques demonstrated to reduce the amount of
12 loss in a windstorm can be or have been installed or
13 implemented. The prescribed form shall describe generally what
14 actions the policyholders may be able to take to reduce their
15 windstorm premium. The prescribed form and a list of such
16 ranges approved by the office for each insurer licensed in the
17 state and providing such discounts, credits, other rate
18 differentials, or reductions in deductibles for properties
19 described in this subsection shall be available for electronic
20 viewing and download from the Department of Financial
21 Services' or the Office of Insurance Regulation's Internet
22 website. The Financial Services Commission may adopt rules to
23 implement this subsection.
24
25 Reviser's note.--Amended to confirm the
26 insertion by the editors of the word "be"
27 following the word "can" to improve clarity.
28
29 Section 92. Paragraph (a) of subsection (5) of section
30 627.7295, Florida Statutes, is amended to read:
31 627.7295 Motor vehicle insurance contracts.--
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1 (5)(a) A licensed general lines agent may charge a
2 per-policy fee not to exceed $10 to cover the administrative
3 costs of the agent associated with selling the motor vehicle
4 insurance policy if the policy covers only personal injury
5 protection coverage as provided by s. 627.736 and property
6 damage liability coverage as provided by s. 627.7275 and if no
7 other insurance is sold or issued in conjunction with or
8 collateral to the policy. The fee is not considered part of
9 the premium.
10
11 Reviser's note.--Amended to reinsert language
12 inadvertently deleted during the 2005 editorial
13 process.
14
15 Section 93. Section 633.026, Florida Statutes, is
16 amended to read:
17 633.026 Informal interpretations of the Florida Fire
18 Prevention Code.--The Division of State Fire Marshal shall by
19 rule establish an informal process of rendering nonbinding
20 interpretations of the Florida Fire Prevention Code. The
21 Division of State Fire Marshal may contract with and refer
22 interpretive issues to a nonprofit organization that has
23 experience in interpreting and enforcing the Florida Fire
24 Prevention Code. The Division of State Fire Marshal shall
25 immediately implement the process prior to the completion of
26 formal rulemaking. It is the intent of the Legislature that
27 the Division of State Fire Marshal create a process to refer
28 questions to a small group of individuals certified under s.
29 633.081(2), to which a party can pose questions regarding the
30 interpretation of code provisions. It is the intent of the
31 Legislature that the process provide for the expeditious
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1 resolution of the issues presented and publication of the
2 resulting interpretation on the website of the Division of
3 State Fire Marshal. It is the intent of the Legislature that
4 this program be similar to the program established by the
5 Florida Building Commission in s. 553.775(3)(g) 553.77(7).
6 Such interpretations shall be advisory only and nonbinding on
7 the parties or the State Fire Marshal. In order to administer
8 this section, the department may adopt by rule and impose a
9 fee for nonbinding interpretations, with payment made directly
10 to the third party. The fee may not exceed $150 for each
11 request for a review or interpretation.
12
13 Reviser's note.--Amended to conform to the
14 deletion of s. 553.77(7) by s. 8, ch. 2005-147,
15 Laws of Florida, and the addition of
16 substantially similar language at s.
17 553.775(3)(g) by s. 9, ch. 2005-147.
18
19 Section 94. Subsection (3) of section 633.539, Florida
20 Statutes, is amended to read:
21 633.539 Requirements for installation, inspection, and
22 maintenance of fire protection systems.--
23 (3) For contracts written after June 30, 2005, the
24 contractor who installs the underground piping from the point
25 of service is responsible for completing the installation to
26 the aboveground connection flange, which by definition in this
27 chapter is no more than 1 foot above the finished floor,
28 before completing the Contractor's Material and Test
29 Certificate for Underground Piping document. Aboveground
30 contractors may not complete the Contractor's Material and
31 Test Certificate for Underground Piping document for
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1 underground piping or portions thereof which have been
2 installed by others.
3
4 Reviser's note.--Amended to confirm the
5 insertion by the editors of the word "piping"
6 following the word "underground" to improve
7 clarity.
8
9 Section 95. Section 634.021, Florida Statutes, is
10 amended to read:
11 634.021 Powers of department, commission, and office;
12 rules.--The office shall administer this act and the
13 commission may adopt rules pursuant to ss. 120.536(1) and
14 120.54 to implement the provisions of this act related to
15 motor vehicle service agreement companies and motor vehicle
16 service agreements. The department shall administer this act
17 and may adopt rules pursuant to ss. 120.536(1) and 120.54 to
18 implement provisions of this act related to sales
19 representatives.
20
21 Reviser's note.--Amended to improve clarity and
22 conform to the designation of companies that
23 provide motor vehicle service agreement
24 products throughout part I of chapter 634.
25
26 Section 96. Paragraph (a) of subsection (13) of
27 section 634.401, Florida Statutes, is amended to read:
28 634.401 Definitions.--As used in this part, the term:
29 (13) "Service warranty" means any warranty, guaranty,
30 extended warranty or extended guaranty, maintenance service
31 contract equal to or greater than 1 year in length or which
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1 does not meet the exemption in paragraph (a), contract
2 agreement, or other written promise for a specific duration to
3 perform the repair, replacement, or maintenance of a consumer
4 product, or for indemnification for repair, replacement, or
5 maintenance, for operational or structural failure due to a
6 defect in materials or workmanship, normal wear and tear,
7 power surge, or accidental damage from handling in return for
8 the payment of a segregated charge by the consumer; however:
9 (a) Maintenance service contracts written for less
10 than 1 year which do not contain provisions for
11 indemnification and which do not provide a discount to the
12 consumer for any combination of parts and labor in excess of
13 20 percent during the effective period of such contract, motor
14 vehicle service agreements, transactions exempt under s.
15 624.125, and home warranties subject to regulation under part
16 parts I and II of this chapter are excluded from this
17 definition;
18
19 Reviser's note.--Amended to correct a reference
20 and conform to context. Part II of chapter 634
21 regulates home warranty associations; part I of
22 chapter 634 regulates motor vehicle service
23 agreement companies.
24
25 Section 97. Subsection (2) of section 636.223, Florida
26 Statutes, is amended to read:
27 636.223 Administrative penalty.--In lieu of suspending
28 or revoking a certificate of authority whenever any discount
29 medical plan organization has been found to have violated any
30 provision of this part, the office may:
31
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1 (2) Impose a monetary penalty of not less than that
2 $100 for each violation, but not to exceed an aggregate
3 penalty of $75,000.
4
5 Reviser's note.--Amended to confirm the
6 substitution by the editors of the word "than"
7 for the word "that" to conform to context and
8 improve clarity.
9
10 Section 98. Paragraph (a) of subsection (40) of
11 section 641.31, Florida Statutes, is amended to read:
12 641.31 Health maintenance contracts.--
13 (40)(a) Any group rate, rating schedule, or rating
14 manual for a health maintenance organization policy, which
15 provides creditable coverage as defined in s. 627.6561(5),
16 filed with the office shall provide for an appropriate rebate
17 of premiums paid in the last policy year, contract year, or
18 calendar year when the majority of members of a health plan
19 are enrolled in and have maintained participation in any
20 health wellness, maintenance, or improvement program offered
21 by the group contract holder. The group must provide evidence
22 of demonstrative maintenance or improvement of his or her
23 health status as determined by assessments of agreed-upon
24 health status indicators between the group and the health
25 insurer, including, but not limited to, reduction in weight,
26 body mass index, and smoking cessation. Any rebate provided by
27 the health maintenance organization is presumed to be
28 appropriate unless credible data demonstrates otherwise, or
29 unless the rebate program requires the insured to incur costs
30 to qualify for the rebate which equals or exceeds the value of
31
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1 the rebate but the rebate may not exceed 10 percent of paid
2 premiums.
3
4 Reviser's note.--Amended to confirm the
5 insertion by the editors of the word "have"
6 following the word "and" to improve clarity.
7
8 Section 99. Subsection (4) of section 658.12, Florida
9 Statutes, is amended to read:
10 658.12 Definitions.--Subject to other definitions
11 contained in the financial institutions codes and unless the
12 context otherwise requires:
13 (4) "Branch" or "branch office" of a bank means any
14 office or place of business of a bank, other than its main
15 office and the facilities and operations authorized by ss.
16 658.26(4) 658.26(5), 658.65, and 660.33, at which deposits are
17 received, checks are paid, or money is lent. With respect to a
18 bank which has a trust department, the terms "branch" and
19 "branch office" have the meanings herein ascribed to a branch
20 or a branch office of a trust company. "Branch" or "branch
21 office" of a trust company means any office or place of
22 business of a trust company, other than its main office and
23 its trust service offices established pursuant to s. 660.33,
24 where trust business is transacted with its customers.
25
26 Reviser's note.--Amended to conform to the
27 redesignation of s. 658.26(5), relating to
28 armored car services, to s. 658.26(4) by s. 15,
29 ch. 2004-340, Laws of Florida, and s. 98, ch.
30 2004-390, Laws of Florida.
31
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1 Section 100. Section 694.16, Florida Statutes, is
2 amended to read:
3 694.16 Conveyances by merger or conversion of business
4 entities.--As to any merger or conversion of business entities
5 prior to June 15, 2000, the title to all real estate, or any
6 interest therein, owned by a business entity that was a party
7 to a merger or a conversion is vested in the surviving entity
8 without reversion or impairment, notwithstanding the
9 requirement of a deed which was previously required by s.
10 607.11101, s. 608.4383, former s. 620.204, former s. 620.8904,
11 or former s. 620.8906.
12
13 Reviser's note.--Amended to conform to the
14 repeal of ss. 620.204, 620.8904, and 620.8906
15 by s. 25, ch. 2005-267, Laws of Florida.
16
17 Section 101. Paragraph (b) of subsection (2) of
18 section 721.13, Florida Statutes, is amended to read:
19 721.13 Management.--
20 (2)
21 (b) The managing entity shall invest the operating and
22 reserve funds of the timeshare plan in accordance with s.
23 518.11(1); however, the managing entity shall give safety of
24 capital greater weight than production of income. In no event
25 shall the managing entity invest timeshare plan funds with a
26 developer or with any entity that is not independent of any
27 developer or any managing entity within the meaning of s.
28 721.05(22) 721.05(20), and in no event shall the managing
29 entity invest timeshare plan funds in notes and mortgages
30 related in any way to the timeshare plan.
31
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1 Reviser's note.--Amended to conform to the
2 redesignation of s. 721.05(20), defining the
3 term "managing entity," as s. 721.05(22) by s.
4 3, ch. 2004-279, Laws of Florida.
5
6 Section 102. Subsection (6) of section 732.103,
7 Florida Statutes, is amended to read:
8 732.103 Share of other heirs.--The part of the
9 intestate estate not passing to the surviving spouse under s.
10 732.102, or the entire intestate estate if there is no
11 surviving spouse, descends as follows:
12 (6) If none of the foregoing, and if any of the
13 descendants of the decedent's great-grandparents were
14 Holocaust victims as defined in s. 626.9543(3)(a)
15 626.9543(3)(b), including such victims in countries
16 cooperating with the discriminatory policies of Nazi Germany,
17 then to the lineal descendants of the great-grandparents. The
18 court shall allow any such descendant to meet a reasonable,
19 not unduly restrictive, standard of proof to substantiate his
20 or her lineage. This subsection only applies to escheated
21 property and shall cease to be effective for proceedings filed
22 after December 31, 2004.
23
24 Reviser's note.--Amended to conform to the
25 redesignation of s. 626.9543(3)(b) as s.
26 626.9543(3)(a) by s. 76, ch. 2004-390, Laws of
27 Florida.
28
29 Section 103. Subsection (1) of section 739.104,
30 Florida Statutes, is amended to read:
31
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1 739.104 Power to disclaim; general requirements; when
2 irrevocable.--
3 (1) A person may disclaim, in whole or in part,
4 conditionally or unconditionally, any interest in or power
5 over property, including a power of or appointment. A person
6 may disclaim the interest or power even if its creator imposed
7 a spendthrift provision or similar restriction on transfer or
8 a restriction or limitation on the right to disclaim. A
9 disclaimer shall be unconditional unless the disclaimant
10 explicitly provides otherwise in the disclaimer.
11
12 Reviser's note.--Amended to conform to context.
13
14 Section 104. Subsection (1) and paragraph (d) of
15 subsection (5) of section 765.101, Florida Statutes, are
16 amended to read:
17 765.101 Definitions.--As used in this chapter:
18 (1) "Advance directive" means a witnessed written
19 document or oral statement in which instructions are given by
20 a principal or in which the principal's desires are expressed
21 concerning any aspect of the principal's health care, and
22 includes, but is not limited to, the designation of a health
23 care surrogate, a living will, or an anatomical gift made
24 pursuant to part V X of chapter 765 732.
25 (5) "Health care decision" means:
26 (d) The decision to make an anatomical gift pursuant
27 to part V X of chapter 765 732.
28
29 Reviser's note.--Amended to conform to the
30 transfer of material in former part X of
31
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1 chapter 732 to part V of chapter 765 pursuant
2 to ch. 2001-226, Laws of Florida.
3
4 Section 105. Subsection (23) of section 774.203,
5 Florida Statutes, is amended to read:
6 774.203 Definitions.--As used in this act, the term:
7 (23) "Qualified physician" means a medical doctor,
8 who:
9 (a) Is a board-certified pathologist licensed to
10 practice and actively practices in this country who performed
11 services requested or authorized by a physician who:
12 1. Has conducted a physical examination of the exposed
13 person or, if the person is deceased, has reviewed all
14 available records relating to the exposed person's medical
15 condition;
16 2. Is actually treating or has treated the exposed
17 person, and has or had a doctor-patient relationship with the
18 person; and
19 3. Is licensed to practice and actively practices in
20 this country; or
21 (b) Is a board-certified oncologist, pulmonary
22 specialist, or specialist in occupational and environmental
23 medicine who:
24 1. Has conducted a physical examination of the exposed
25 person or, if the person is deceased, has reviewed all
26 available records relating to the exposed person's medical
27 condition;
28 2. Is actually treating or has treated the exposed
29 person, and has or had a doctor-patient relationship with the
30 person; and
31
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1 3. Is licensed to practice and actively practices in
2 this country.
3
4 Reviser's note.--Amended to confirm the
5 insertion by the editors of the word "has"
6 following the word "or" to improve clarity.
7
8 Section 106. Paragraph (f) of subsection (2) of
9 section 774.204, Florida Statutes, is amended to read:
10 774.204 Physical impairment.--
11 (2) A person may not file or maintain a civil action
12 alleging a nonmalignant asbestos claim in the absence of a
13 prima facie showing of physical impairment as a result of a
14 medical condition to which exposure to asbestos was a
15 substantial contributing factor. The prima facie showing must
16 include all of the following requirements:
17 (f) A determination by a qualified physician that
18 asbestosis or diffuse pleural thickening, rather than chronic
19 obstructive pulmonary disease, is a substantial contributing
20 factor to the exposed person's physical impairment, based at a
21 minimum on a determination that the exposed person has:
22 1. Total lung capacity, by plethysmography or timed
23 gas dilution, below the predicted lower limit of normal;
24 2. Forced vital capacity below the lower limit of
25 normal and a ratio of FEV1 to FVC that is equal to or greater
26 than the predicted lower limit of normal; or
27 3. A chest X ray showing small, irregular opacities
28 (s, t, u) graded by a certified B-reader as at least 2/1 on
29 the ILO scale.
30
31
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1 Reviser's note.--Amended to confirm the
2 insertion by the editors of the word "as"
3 following the term "certified B-reader" to
4 improve clarity.
5
6 Section 107. Subsection (3) of section 774.205,
7 Florida Statutes, is amended to read:
8 774.205 Claimant proceedings.--
9 (3) All asbestos claims and silica claims filed in
10 this state on or after the effective date of this act must
11 include, in addition to the written report described in
12 subsection (2) subsection (3) of section 5 and the information
13 required by s. 774.207(2), a sworn information form containing
14 the following information:
15 (a) The claimant's name, address, date of birth, and
16 marital status;
17 (b) If the claimant alleges exposure to asbestos or
18 silica through the testimony of another person or alleges
19 other than direct or bystander exposure to a product, the
20 name, address, date of birth, and marital status for each
21 person by which the claimant alleges exposure, hereinafter the
22 "index person," and the claimant's relationship to each such
23 person;
24 (c) The specific location of each alleged exposure;
25 (d) The beginning and ending dates of each alleged
26 exposure as to each asbestos product or silica product for
27 each location at which exposure allegedly took place for the
28 plaintiff and each index person;
29 (e) The occupation and name of the employer of the
30 exposed person at the time of each alleged exposure;
31
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1 (f) The specific condition related to asbestos or
2 silica claimed to exist; and
3 (g) Any supporting documentation of the condition
4 claimed to exist.
5
6 Reviser's note.--The introductory paragraph of
7 subsection (3) is amended to confirm the
8 substitution of a reference to "subsection (2)"
9 for a reference to "subsection (3) of section
10 5" of ch. 2005-274, Laws of Florida. Subsection
11 (2) describes the written report. Paragraph
12 (3)(b) is amended to confirm the insertion by
13 the editors of the word "and" following the
14 word "birth" to improve clarity.
15
16 Section 108. Paragraph (b) of subsection (1) of
17 section 774.208, Florida Statutes, is amended to read:
18 774.208 Liability rules applicable to protect sellers,
19 renters, and lessors.--
20 (1)
21 (b) For the purpose of sub-subparagraph (a)1.b.
22 sub-subparagraph 1.b., a product seller may not be considered
23 to have failed to exercise reasonable care with respect to a
24 product based upon an alleged failure to inspect the product,
25 if:
26 1. The failure occurred because there was no
27 reasonable opportunity to inspect the product; or
28 2. The inspection, in the exercise of reasonable care,
29 would not have revealed the aspect of the product which
30 allegedly caused the exposed person's impairment.
31
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1 Reviser's note.--Amended to confirm the
2 substitution by the editors of a reference to
3 sub-subparagraph (a)1.b. for a reference to
4 sub-subparagraph 1.b. Paragraph (b) does not
5 contain a sub-subparagraph 1.b.;
6 sub-subparagraph (a)1.b., relating to failure
7 of a product seller to use reasonable care with
8 respect to the product, conforms to context.
9
10 Section 109. Paragraph (b) of subsection (4) of
11 section 784.046, Florida Statutes, is amended to read:
12 784.046 Action by victim of repeat violence, sexual
13 violence, or dating violence for protective injunction; powers
14 and duties of court and clerk of court; filing and form of
15 petition; notice and hearing; temporary injunction; issuance;
16 statewide verification system; enforcement.--
17 (4)
18 (b) The sworn petition must be in substantially the
19 following form:
20
21 PETITION FOR INJUNCTION FOR PROTECTION
22 AGAINST REPEAT VIOLENCE, SEXUAL
23 VIOLENCE, OR DATING VIOLENCE
24
25 Before me, the undersigned authority, personally
26 appeared Petitioner ...(Name)..., who has been sworn and says
27 that the following statements are true:
28
29 1. Petitioner resides at ...(address)... (A petitioner
30 for an injunction for protection against sexual violence may
31 furnish an address to the court in a separate confidential
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1 filing if, for safety reasons, the petitioner requires the
2 location of his or her current residence to be confidential
3 pursuant to s. 119.071(2)(j) 119.07(6)(s), Florida Statutes.)
4 2. Respondent resides at ...(address)...
5 3.a. Petitioner has suffered repeat violence as
6 demonstrated by the fact that the respondent has:
7 ...(enumerate incidents of violence)...
8
9 ................................
10 ................................
11 ................................
12
13 b. Petitioner has suffered sexual violence as
14 demonstrated by the fact that the respondent has:
15 ...(enumerate incident of violence and include incident report
16 number from law enforcement agency or attach notice of inmate
17 release.)...
18
19 ................................
20 ................................
21 ................................
22
23 c. Petitioner is a victim of dating violence and has
24 reasonable cause to believe that he or she is in imminent
25 danger of becoming the victim of another act of dating
26 violence or has reasonable cause to believe that he or she is
27 in imminent danger of becoming a victim of dating violence, as
28 demonstrated by the fact that the respondent has: ...(list the
29 specific incident or incidents of violence and describe the
30 length of time of the relationship, whether it has been in
31 existence during the last 6 months, the nature of the
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1 relationship of a romantic or intimate nature, the frequency
2 and type of interaction, and any other facts that characterize
3 the relationship.)...
4
5 ................................
6 ................................
7 ................................
8
9 4. Petitioner genuinely fears repeat violence by the
10 respondent.
11 5. Petitioner seeks: an immediate injunction against
12 the respondent, enjoining him or her from committing any
13 further acts of violence; an injunction enjoining the
14 respondent from committing any further acts of violence; and
15 an injunction providing any terms the court deems necessary
16 for the protection of the petitioner and the petitioner's
17 immediate family, including any injunctions or directives to
18 law enforcement agencies.
19
20 Reviser's note.--Amended to conform to the
21 redesignation of s. 119.07(6)(s) as s.
22 119.071(2)(j) by s. 17, ch. 2005-251, Laws of
23 Florida.
24
25 Section 110. Paragraph (p) of subsection (3) of
26 section 790.25, Florida Statutes, is amended to read:
27 790.25 Lawful ownership, possession, and use of
28 firearms and other weapons.--
29 (3) LAWFUL USES.--The provisions of ss. 790.053 and
30 790.06 do not apply in the following instances, and, despite
31 such sections, it is lawful for the following persons to own,
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1 possess, and lawfully use firearms and other weapons,
2 ammunition, and supplies for lawful purposes:
3 (p) Investigators employed by the capital collateral
4 regional counsel representative, while actually carrying out
5 official duties, provided such investigators:
6 1. Are employed full time;
7 2. Meet the official training standards for firearms
8 as established by the Criminal Justice Standards and Training
9 Commission as provided in s. 943.12(1) and the requirements of
10 ss. 493.6108(1)(a) and 943.13(1)-(4); and
11 3. Are individually designated by an affidavit of
12 consent signed by the capital collateral regional counsel
13 representative and filed with the clerk of the circuit court
14 in the county in which the investigator is headquartered.
15
16 Reviser's note.--Amended to conform to the
17 replacement of the capital collateral
18 representative with capital collateral regional
19 counsel in s. 27.701 by s. 1, ch. 97-313, Laws
20 of Florida.
21
22 Section 111. Paragraph (e) of subsection (2) of
23 section 872.05, Florida Statutes, is amended to read:
24 872.05 Unmarked human burials.--
25 (2) DEFINITIONS.--As used in this section:
26 (e) "State Archaeologist" means the person employed by
27 the division pursuant to s. 267.031(7) 267.031(6).
28
29 Reviser's note.--Amended to conform to the
30 redesignation of s. 267.031(6) as s. 267.031(7)
31 by s. 1, ch. 2004-91, Laws of Florida.
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1 Section 112. Paragraph (c) of subsection (1) of
2 section 895.09, Florida Statutes, is amended to read:
3 895.09 Disposition of funds obtained through
4 forfeiture proceedings.--
5 (1) A court entering a judgment of forfeiture in a
6 proceeding brought pursuant to s. 895.05 shall retain
7 jurisdiction to direct the distribution of any cash or of any
8 cash proceeds realized from the forfeiture and disposition of
9 the property. The court shall direct the distribution of the
10 funds in the following order of priority:
11 (c) Any claim by the Board of Trustees of the Internal
12 Improvement Trust Fund on behalf of the Internal Improvement
13 Trust Fund or the Land Acquisition Trust Fund pursuant to s.
14 253.03(12) 253.03(13), not including administrative costs of
15 the Department of Environmental Protection previously paid
16 directly from the Internal Improvement Trust Fund in
17 accordance with legislative appropriation.
18
19 Reviser's note.--Amended to conform to the
20 redesignation of s. 253.03(13) as s. 253.03(12)
21 by s. 22, ch. 2004-234, Laws of Florida.
22
23 Section 113. Paragraph (c) of subsection (1) of
24 section 938.29, Florida Statutes, is amended to read:
25 938.29 Legal assistance; lien for payment of
26 attorney's fees or costs.--
27 (1)
28 (c) The defendant shall pay the application fee under
29 s. 27.52(1)(b) 27.52(2)(a) and attorney's fees and costs in
30 full or in installments, at the time or times specified. The
31 court may order payment of the assessed application fee and
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1 attorney's fees and costs as a condition of probation, of
2 suspension of sentence, or of withholding the imposition of
3 sentence. Attorney's fees and costs collected under this
4 section shall be deposited into the General Revenue Fund.
5
6 Reviser's note.--Amended to conform to the
7 substantial rewording of s. 27.52 by s. 3, ch.
8 2005-236, Laws of Florida; the application fee
9 requirement is now in s. 27.52(1)(b).
10
11 Section 114. Section 943.04353, Florida Statutes, is
12 amended to read:
13 943.04353 Triennial study of sexual predator and
14 sexual offender registration and notification procedures.--The
15 Office of Program Policy Analysis and Government
16 Accountability shall, every 3 years, perform a study of the
17 effectiveness of Florida's sexual predator and sexual offender
18 registration process and community and public notification
19 provisions. As part of determining the effectiveness of the
20 registration process, OPPAGA shall examine the current
21 practices of: the Department of Corrections, county probation
22 offices, clerk of courts, court administrators, county jails
23 and booking facilities, Department of Children and Family
24 Services, judges, state attorneys' offices, Department of
25 Highway Safety and Motor Vehicles, Department of Law
26 Enforcement, and local law enforcement agencies as they relate
27 to: sharing of offender information regarding registered
28 sexual predators and sexual offenders for purposes of
29 fulfilling the requirements set forth fourth in the
30 registration laws; ensuring the most accurate, current, and
31 comprehensive information is provided in a timely manner to
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1 the registry; ensuring the effective supervision and
2 subsequent monitoring of sexual predators and offenders; and
3 ensuring informed decisions are made at each point of the
4 criminal justice and registration process. In addition to
5 determining the effectiveness of the registration process, the
6 report shall focus on the question of whether the notification
7 provisions in statute are sufficient to apprise communities of
8 the presence of sexual predators and sexual offenders. The
9 report shall examine how local law enforcement agencies
10 collect and disseminate information in an effort to notify the
11 public and communities of the presence of sexual predators and
12 offenders. If the report finds deficiencies in the
13 registration process, the notification provisions, or both,
14 the report shall provide options for correcting those
15 deficiencies and shall include the projected cost of
16 implementing those options. In conducting the study, the
17 Office of Program Policy Analysis and Government
18 Accountability shall consult with the Florida Council Against
19 Sexual Violence and the Florida Association for the Treatment
20 of Sexual Abusers in addition to other interested entities
21 that may offer experiences and perspectives unique to this
22 area of research. The report shall be submitted to the
23 President of the Senate and the Speaker of the House of
24 Representatives by January 1, 2006.
25
26 Reviser's note.--Amended to confirm the
27 substitution by the editors of the word "forth"
28 for the word "fourth" to conform to context.
29
30 Section 115. Subsection (4) of section 948.012,
31 Florida Statutes, is amended to read:
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1 948.012 Split sentence of probation or community
2 control and imprisonment.--
3 (4) Effective for offenses committed on or after
4 September 1, 2005, the court must impose a split sentence
5 pursuant to subsection (1) for any person who is convicted of
6 a life felony for lewd and lascivious molestation pursuant to
7 s. 800.04(5)(b) if the court imposes a term of years in
8 accordance with s. 775.082(3)(a)4.b. 775.082(3)4.b. rather
9 than life imprisonment. The probation or community control
10 portion of the split sentence imposed by the court for a
11 defendant must extend for the duration of the defendant's
12 natural life and include a condition that he or she be
13 electronically monitored.
14
15 Reviser's note.--Amended to correct a
16 reference. Section 4, ch. 2005-28, Laws of
17 Florida, added subparagraph (3)(a)4., relating
18 to punishment for conviction of a life felony
19 committed on or after September 1, 2005, which
20 is a violation of s. 800.04(5)(b); the
21 subparagraph includes a sub-subparagraph a.,
22 providing for imprisonment for life, and a
23 sub-subparagraph b., providing for a split
24 sentence of a term of years followed by
25 probation or community control for the
26 remainder of the offender's life.
27
28 Section 116. Paragraph (i) of subsection (1) of
29 section 948.03, Florida Statutes, is amended to read:
30 948.03 Terms and conditions of probation.--
31
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1 (1) The court shall determine the terms and conditions
2 of probation. Conditions specified in this section do not
3 require oral pronouncement at the time of sentencing and may
4 be considered standard conditions of probation. These
5 conditions may include among them the following, that the
6 probationer or offender in community control shall:
7 (i) Pay any application fee assessed under s.
8 27.52(1)(b) 27.52(2)(a) and attorney's fees and costs assessed
9 under s. 938.29, subject to modification based on change of
10 circumstances.
11
12 Reviser's note.--Amended to conform to the
13 substantial rewording of s. 27.52 by s. 3, ch.
14 2005-236, Laws of Florida; the application fee
15 requirement is now in s. 27.52(1)(b).
16
17 Section 117. Subsection (2) of section 948.061,
18 Florida Statutes, is amended to read:
19 948.061 Identifying, assessing, and monitoring
20 high-risk sex offenders on community supervision; providing
21 cumulative criminal and supervision histories on the
22 Internet.--
23 (2) To facilitate the information available to the
24 court at first appearance hearings and at all subsequent
25 hearings for these high-risk sex offenders, the department
26 shall, no later than March 1, 2006, post on FDLE's Criminal
27 Justice Intranet a cumulative chronology of the sex offender's
28 prior terms of state probation and community control,
29 including all substantive or technical violations of state
30 probation or community control. The county jail in the county
31 where the arrested person is booked shall ensure insure that
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1 state and national criminal history information and all
2 criminal justice information available in the Florida Crime
3 Information Center and the National Crime Information Center,
4 is provided to the court at the time of the first appearance.
5 The courts shall assist the department's dissemination of
6 critical information by creating and maintaining an automated
7 system to provide the information as specified in this
8 subsection and by providing the necessary technology in the
9 courtroom to deliver the information.
10
11 Reviser's note.--Amended to confirm the
12 substitution by the editors of the word
13 "ensure" for the word "insure" to conform to
14 context.
15
16 Section 118. Paragraphs (d) and (j) of subsection (1)
17 of section 948.062, Florida Statutes, are amended to read:
18 948.062 Reviewing and reporting serious offenses
19 committed by offenders placed on probation or community
20 control.--
21 (1) The department shall review the circumstances
22 related to an offender placed on probation or community
23 control who has been arrested while on supervision for the
24 following offenses:
25 (d) Any kidnapping, false imprisonment, or luring of a
26 child as provided in s. 787.01, s. 787.02 782.07, or s.
27 787.025;
28 (j) Any DUI manslaughter as provided in s.
29 316.193(3)(c), or vehicular or vessel homicide as provided in
30 s. 782.071 or s. 782.072 787.072, committed by any person who
31
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1 is on probation or community control for an offense involving
2 death or injury resulting from a driving incident.
3
4 Reviser's note.--Paragraph (1)(d) is amended to
5 correct a reference and conform to context.
6 Section 782.07 relates to manslaughter; s.
7 787.02 relates to false imprisonment. Paragraph
8 (1)(j) is amended to correct a reference and
9 conform to context. Section 787.072 does not
10 exist; s. 782.072 relates to vessel homicide.
11
12 Section 119. Paragraph (b) of subsection (7) of
13 section 1008.25, Florida Statutes, is amended to read:
14 1008.25 Public school student progression; remedial
15 instruction; reporting requirements.--
16 (7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
17 (b) Beginning with the 2004-2005 school year, each
18 school district shall:
19 1. Conduct a review of student academic improvement
20 plans for all students who did not score above Level 1 on the
21 reading portion of the FCAT and did not meet the criteria for
22 one of the good cause exemptions in paragraph (6)(b). The
23 review shall address additional supports and services, as
24 described in this subsection, needed to remediate the
25 identified areas of reading deficiency. The school district
26 shall require a student portfolio to be completed for each
27 such student.
28 2. Provide students who are retained under the
29 provisions of paragraph (5)(b) with intensive instructional
30 services and supports to remediate the identified areas of
31 reading deficiency, including a minimum of 90 minutes of
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1 daily, uninterrupted, scientifically research-based reading
2 instruction and other strategies prescribed by the school
3 district, which may include, but are not limited to:
4 a. Small group instruction.
5 b. Reduced teacher-student ratios.
6 c. More frequent progress monitoring.
7 d. Tutoring or mentoring.
8 e. Transition classes containing 3rd and 4th grade
9 students.
10 f. Extended school day, week, or year.
11 g. Summer reading camps.
12 3. Provide written notification to the parent of any
13 student who is retained under the provisions of paragraph
14 (5)(b) that his or her child has not met the proficiency level
15 required for promotion and the reasons the child is not
16 eligible for a good cause exemption as provided in paragraph
17 (6)(b). The notification must comply with the provisions of s.
18 1002.20(15) 1002.20(14) and must include a description of
19 proposed interventions and supports that will be provided to
20 the child to remediate the identified areas of reading
21 deficiency.
22 4. Implement a policy for the midyear promotion of any
23 student retained under the provisions of paragraph (5)(b) who
24 can demonstrate that he or she is a successful and independent
25 reader, reading at or above grade level, and ready to be
26 promoted to grade 4. Tools that school districts may use in
27 reevaluating any student retained may include subsequent
28 assessments, alternative assessments, and portfolio reviews,
29 in accordance with rules of the State Board of Education.
30 Students promoted during the school year after November 1 must
31 demonstrate proficiency above that required to score at Level
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1 2 on the grade 3 FCAT, as determined by the State Board of
2 Education. The State Board of Education shall adopt standards
3 that provide a reasonable expectation that the student's
4 progress is sufficient to master appropriate 4th grade level
5 reading skills.
6 5. Provide students who are retained under the
7 provisions of paragraph (5)(b) with a high-performing teacher
8 as determined by student performance data and
9 above-satisfactory performance appraisals.
10 6. In addition to required reading enhancement and
11 acceleration strategies, provide parents of students to be
12 retained with at least one of the following instructional
13 options:
14 a. Supplemental tutoring in scientifically
15 research-based reading services in addition to the regular
16 reading block, including tutoring before and/or after school.
17 b. A "Read at Home" plan outlined in a parental
18 contract, including participation in "Families Building Better
19 Readers Workshops" and regular parent-guided home reading.
20 c. A mentor or tutor with specialized reading
21 training.
22 7. Establish a Reading Enhancement and Acceleration
23 Development (READ) Initiative. The focus of the READ
24 Initiative shall be to prevent the retention of grade 3
25 students and to offer intensive accelerated reading
26 instruction to grade 3 students who failed to meet standards
27 for promotion to grade 4 and to each K-3 student who is
28 assessed as exhibiting a reading deficiency. The READ
29 Initiative shall:
30 a. Be provided to all K-3 students at risk of
31 retention as identified by the statewide assessment system
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1 used in Reading First schools. The assessment must measure
2 phonemic awareness, phonics, fluency, vocabulary, and
3 comprehension.
4 b. Be provided during regular school hours in addition
5 to the regular reading instruction.
6 c. Provide a state-identified reading curriculum that
7 has been reviewed by the Florida Center for Reading Research
8 at Florida State University and meets, at a minimum, the
9 following specifications:
10 (I) Assists students assessed as exhibiting a reading
11 deficiency in developing the ability to read at grade level.
12 (II) Provides skill development in phonemic awareness,
13 phonics, fluency, vocabulary, and comprehension.
14 (III) Provides scientifically based and reliable
15 assessment.
16 (IV) Provides initial and ongoing analysis of each
17 student's reading progress.
18 (V) Is implemented during regular school hours.
19 (VI) Provides a curriculum in core academic subjects
20 to assist the student in maintaining or meeting proficiency
21 levels for the appropriate grade in all academic subjects.
22 8. Establish at each school, where applicable, an
23 Intensive Acceleration Class for retained grade 3 students who
24 subsequently score at Level 1 on the reading portion of the
25 FCAT. The focus of the Intensive Acceleration Class shall be
26 to increase a child's reading level at least two grade levels
27 in 1 school year. The Intensive Acceleration Class shall:
28 a. Be provided to any student in grade 3 who scores at
29 Level 1 on the reading portion of the FCAT and who was
30 retained in grade 3 the prior year because of scoring at Level
31 1 on the reading portion of the FCAT.
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1 b. Have a reduced teacher-student ratio.
2 c. Provide uninterrupted reading instruction for the
3 majority of student contact time each day and incorporate
4 opportunities to master the grade 4 Sunshine State Standards
5 in other core subject areas.
6 d. Use a reading program that is scientifically
7 research-based and has proven results in accelerating student
8 reading achievement within the same school year.
9 e. Provide intensive language and vocabulary
10 instruction using a scientifically research-based program,
11 including use of a speech-language therapist.
12 f. Include weekly progress monitoring measures to
13 ensure progress is being made.
14 g. Report to the Department of Education, in the
15 manner described by the department, the progress of students
16 in the class at the end of the first semester.
17 9. Report to the State Board of Education, as
18 requested, on the specific intensive reading interventions and
19 supports implemented at the school district level. The
20 Commissioner of Education shall annually prescribe the
21 required components of requested reports.
22 10. Provide a student who has been retained in grade 3
23 and has received intensive instructional services but is still
24 not ready for grade promotion, as determined by the school
25 district, the option of being placed in a transitional
26 instructional setting. Such setting shall specifically be
27 designed to produce learning gains sufficient to meet grade 4
28 performance standards while continuing to remediate the areas
29 of reading deficiency.
30
31
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1 Reviser's note.--Amended to conform to the
2 redesignation of s. 1002.20(14) as s.
3 1002.20(15) by s. 5, ch. 2004-42, Laws of
4 Florida.
5
6 Section 120. Subsection (7) of section 1013.30,
7 Florida Statutes, is amended to read:
8 1013.30 University campus master plans and campus
9 development agreements.--
10 (7) Notice that the campus master plan has been
11 adopted must be forwarded within 45 days after its adoption to
12 any affected person that submitted comments on the draft
13 campus master plan. The notice must state how and where a copy
14 of the master plan may be obtained or inspected. Within 30
15 days after receipt of the notice of adoption of the campus
16 master plan, or 30 days after the date the adopted plan is
17 available for review, whichever is later, an affected person
18 who submitted comments on the draft master plan may petition
19 the university board of trustees, challenging the campus
20 master plan as not being in compliance with this section or
21 any rule adopted under this section. The petition must state
22 each objection, identify its source, and provide a recommended
23 action. A petition filed by an affected local government may
24 raise only those issues directly pertaining to the public
25 facilities or services that the affected local government
26 provides to or maintains within the campus or to the direct
27 impact that campus development would have on the affected
28 local government. A petition filed by an affected person must
29 include those items required by the uniform rules adopted
30 under s. 120.54(5). Any affected person who files a petition
31 under this subsection may challenge only those provisions in
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1 the plan that were raised by that person's oral or written
2 comments, recommendations, or objections presented to the
3 university board of trustees, as required by paragraph (2)(b)
4 s. 1013.30(1)(b). The university may, during the pendency of a
5 challenge, negotiate a campus development agreement as
6 provided in subsection (11).
7
8 Reviser's note.--Amended to confirm the
9 substitution by the editors of a reference to
10 paragraph (2)(b) for a reference to "s.
11 1013.30(1)(b)," which does not exist. Paragraph
12 (2)(b) defines the term "affected person."
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