Senate Bill sb1772

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    Florida Senate - 2006                                  SB 1772

    By Senator Pruitt





    rb01sa-06

  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 2         impliedly repealed or superseded; replacing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

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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

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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

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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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    Florida Senate - 2006                                  SB 1772
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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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    Florida Senate - 2006                                  SB 1772
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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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