HB 7067

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	17.076, 20.165, 23.21, 27.51, 28.2222, 39.3035, 43.16,
4	98.077, 101.051, 101.111, 112.0455, 112.061, 112.31901,
5	119.071, 119.15, 161.72, 161.74, 163.3180, 163.3184,
6	163.3187, 201.15, 202.26, 215.965, 216.136, 253.01,
7	253.03, 253.74, 316.272, 320.0843, 320.27, 322.121,
8	337.195, 339.2819, 348.9932, 373.036, 373.0361, 373.1961,
9	373.421, 375.075, 390.01114, 402.7305, 403.813, 404.056,
10	406.11, 409.165, 409.814, 409.91196, 440.05, 443.121,
11	445.009, 466.004, 475.713, 475.801, 475.805, 497.458,
12	497.459, 499.024, 517.12, 553.792, 553.80, 553.842,
13	553.8425, 556.102, 570.076, 608.4355, 608.4381, 620.1108,
14	620.1110, 620.1204, 620.1207, 620.1407, 620.2118,
15	620.2120, 620.2204, 620.8101, 620.8702, 620.8703, 624.501,
16	624.509, 626.9911, 627.351, 627.3511, 627.6418, 627.6613,
17	627.711, 627.7295, 633.026, 633.539, 634.021, 634.401,
18	636.223, 641.31, 658.12, 694.16, 721.13, 732.103, 739.104,
19	765.101, 774.203, 774.204, 774.205, 774.208, 784.046,
20	790.25, 872.05, 895.09, 938.29, 943.04353, 948.012,
21	948.03, 948.061, 948.062, 1008.25, and 1013.30, F.S.;
22	reenacting ss. 267.0619, 339.64, and 397.405, F.S.; and
23	repealing ss. 624.91(3)(d) and 626.8411(2)(d), F.S.;
24	pursuant to s. 11.242, F.S.; deleting provisions that have
25	expired, have become obsolete, have had their effect, have
26	served their purpose, or have been impliedly repealed or
27	superseded; replacing incorrect cross-references and
28	citations; correcting grammatical, typographical, and like
29	errors; removing inconsistencies, redundancies, and
30	unnecessary repetition in the statutes; improving the
31	clarity of the statutes and facilitating their correct
32	interpretation; confirming the restoration of provisions
33	unintentionally omitted from republication in the acts of
34	the Legislature during the amendatory process; and
35	conforming to the directive of the Legislature in s. 1,
36	ch. 93-199, Laws of Florida, to remove gender-specific
37	references applicable to human beings from the Florida
38	Statutes without substantive change in legal effect;
39	providing an effective date.
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1.  Subsection (5) of section 17.076, Florida
44	Statutes, is amended to read:
45	17.076  Direct deposit of funds.--
46	(5)  All direct deposit records made prior to October 1,
47	1986, are exempt from the provisions of s. 119.07(1). With
48	respect to direct deposit records made on or after October 1,
49	1986, the names of the authorized financial institutions and the
50	account numbers of the beneficiaries are confidential and exempt
51	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
52	State Constitution. Notwithstanding this exemption and the
53	provisions of s. 119.071(5)(b) 119.07(3)(dd), the department may
54	provide a state university, upon request, with that university's
55	employee or vendor direct deposit authorization information on
56	file with the department in order to accommodate the transition
57	to the university accounting system. The state university shall
58	maintain the confidentiality of all such information provided by
59	the department.
60
61	Reviser's note.--Amended to conform to the
62	redesignation of s. 119.07(3)(dd) as s. 119.07(6)(dd)
63	by s. 7, ch. 2004-335, Laws of Florida, and the
64	further redesignation of s. 119.07(6)(dd) as s.
65	119.071(5)(b) by s. 25, ch. 2005-251, Laws of Florida.
66
67	Section 2.  Paragraph (b) of subsection (9) of section
68	20.165, Florida Statutes, is amended to read:
69	20.165  Department of Business and Professional
70	Regulation.--There is created a Department of Business and
71	Professional Regulation.
72	(9)
73	(b)  All employees certified under chapter 943 as law
74	enforcement officers shall have felony arrest powers under s.
75	901.15(12) 901.15(10) and shall have all the powers of deputy
76	sheriffs to:
77	1.  Investigate, enforce, and prosecute, throughout the
78	state, violations and violators of:
79	a.  Parts I and II of chapter 210; part VII of chapter 559;
80	and chapters 561-569; and the rules promulgated thereunder, as
81	well as other state laws which the division, all state law
82	enforcement officers, or beverage enforcement agents are
83	specifically authorized to enforce.
84	b.  All other state laws, provided that the employee
85	exercises the powers of a deputy sheriff, only after
86	consultation and in coordination with the appropriate local
87	sheriff's office, and only if the violation could result in an
88	administrative proceeding against a license or permit issued by
89	the division.
90	2.  Enforce all criminal laws of the state within specified
91	jurisdictions when the division is a party to a written mutual
92	aid agreement with a state agency, sheriff, or municipal police
93	department, or when the division participates in the Florida
94	Mutual Aid Plan during a declared state emergency.
95
96	Reviser's note.--Amended to conform to the current
97	location of referenced material in s. 901.15, relating
98	to felony arrest powers. The reference as added by s.
99	1, ch. 95-346, Laws of Florida, was originally to s.
100	901.15(11). That material has been redesignated
101	several times since and is currently in s. 901.15(12).
102
103	Section 3.  Subsection (1) of section 23.21, Florida
104	Statutes, is amended to read:
105	23.21  Definitions.--For purposes of this part:
106	(1)  "Department" means a principal administrative unit
107	within the executive branch of state government, as defined in
108	chapter 20, and includes the State Board of Administration, the
109	Executive Office of the Governor, the Fish and Wildlife
110	Conservation Commission, the Parole Commission, the Agency for
111	Health Care Administration, the Board of Regents, the State
112	Board of Community Colleges, the Justice Administrative
113	Commission, the capital collateral regional counsel
114	Representative, and separate budget entities placed for
115	administrative purposes within a department.
116
117	Reviser's note.--Amended to conform to the replacement
118	of the capital collateral representative with capital
119	collateral regional counsel in s. 27.701 by s. 1, ch.
120	97-313, Laws of Florida.
121
122	Section 4.  Paragraph (a) of subsection (5) of section
123	27.51, Florida Statutes, is amended to read:
124	27.51  Duties of public defender.--
125	(5)(a)  When direct appellate proceedings prosecuted by a
126	public defender on behalf of an accused and challenging a
127	judgment of conviction and sentence of death terminate in an
128	affirmance of such conviction and sentence, whether by the
129	Florida Supreme Court or by the United States Supreme Court or
130	by expiration of any deadline for filing such appeal in a state
131	or federal court, the public defender shall notify the accused
132	of his or her rights pursuant to Rule 3.850, Florida Rules of
133	Criminal Procedure, including any time limits pertinent thereto,
134	and shall advise such person that representation in any
135	collateral proceedings is the responsibility of the capital
136	collateral regional counsel representative. The public defender
137	shall then forward all original files on the matter to the
138	capital collateral regional counsel representative, retaining
139	such copies for his or her files as may be desired. However, the
140	trial court shall retain the power to appoint the public
141	defender or other attorney not employed by the capital
142	collateral regional counsel representative to represent such
143	person in proceedings for relief by executive clemency pursuant
144	to ss. 27.40 and 27.5303.
145
146	Reviser's note.--Amended to conform to the replacement
147	of the capital collateral representative with capital
148	collateral regional counsel in s. 27.701 by s. 1, ch.
149	97-313, Laws of Florida.
150
151	Section 5.  Section 28.2222, Florida Statutes, is amended
152	to read:
153	28.2222  Public records capital improvement plan.--On or
154	before December 1, 1995, and on or before December 1 of each
155	year immediately preceding each year in which the Public Records
156	Modernization Trust Fund is scheduled for review under s.
157	19(f)(2), Art. III of the State Constitution, each clerk of the
158	circuit court shall file a 4-year capital improvement plan with
159	the President of the Senate and the Speaker of the House of
160	Representatives.  The plan must specify the clerk's goals for
161	modernizing and improving the storage of, and public access to,
162	public records and must state the manner in which moneys from
163	the trust fund will be expended to obtain the stated objectives.
164	The plan must specify the methodology used to determine the
165	projected cost to implement the plan and to determine the
166	projected revenue to meet the cost. The plan due December 1,
167	1995, must report on the period from November 4, 1996, through
168	September 30, 1999.  Each subsequent capital improvement plan
169	must state the progress made in fulfilling the objectives listed
170	in the previously filed capital improvement plan and must state
171	the manner in which moneys from the trust fund were expended to
172	reach those objectives.
173
174	Reviser's note.--Amended to delete obsolete language
175	relating to an initial public records capital
176	improvement plan that was due December 1, 1995.
177
178	Section 6.  Subsection (3) of section 39.3035, Florida
179	Statutes, is amended to read:
180	39.3035  Child advocacy centers; standards; state
181	funding.--
182	(3)  A child advocacy center within this state may not
183	receive the funds generated pursuant to s. 938.10 983.10, state
184	or federal funds administered by a state agency, or any other
185	funds appropriated by the Legislature unless all of the
186	standards of subsection (1) are met and the screening
187	requirement of subsection (2) is met. The Florida Network of
188	Children's Advocacy Centers, Inc., shall be responsible for
189	tracking and documenting compliance with subsections (1) and (2)
190	for any of the funds it administers to member child advocacy
191	centers.
192
193	Reviser's note.--Amended to correct a reference to
194	nonexistent s. 983.10; s. 938.10 relates to added
195	court costs imposed in certain cases involving crimes
196	against minors.
197
198	Section 7.  Paragraph (a) of subsection (5) of section
199	43.16, Florida Statutes, is amended to read:
200	43.16  Justice Administrative Commission; membership,
201	powers and duties.--
202	(5)  The duties of the commission shall include, but not be
203	limited to, the following:
204	(a)  The maintenance of a central state office for
205	administrative services and assistance when possible to and on
206	behalf of the state attorneys and public defenders of Florida,
207	the office of capital collateral regional counsel representative
208	of Florida, and the Guardian Ad Litem Program.
209
210	Reviser's note.--Amended to conform to the replacement
211	of the Office of Capital Collateral Representative
212	with capital collateral regional counsel in s. 27.701
213	by s. 1, ch. 97-313, Laws of Florida.
214
215	Section 8.  Subsection (3) of section 98.077, Florida
216	Statutes, is amended to read:
217	98.077  Update of voter signature.--
218	(3)  At least once during each general election year, the
219	supervisor shall publish in a newspaper of general circulation
220	or other newspaper in the county deemed appropriate by the
221	supervisor a notice specifying when, where, or how a voter can
222	update his or her signature that is on file and how a voter can
223	obtain a voter registration application from a voter
224	registration official to do so.
225
226	Reviser's note.--Amended to confirm the deletion by
227	the editors of the words "to do so" following the word
228	"official" to improve clarity.
229
230	Section 9.  Subsection (4) of section 101.051, Florida
231	Statutes, is amended to read:
232	101.051  Electors seeking assistance in casting ballots;
233	oath to be executed; forms to be furnished.--
234	(4)  If an elector needs assistance in voting pursuant to
235	the provisions of this section, the clerk or one of the
236	inspectors shall require the elector requesting assistance in
237	voting to take the following oath:
238	DECLARATION TO SECURE ASSISTANCE
239	State of Florida  County of ____  Date ____  Precinct ____
240	I,   (Print name)  , swear or affirm that I am a registered
241	elector and request assistance from   (Print names)   in voting
242	at the   (name of election)   held on   (date of election)  .
243	(Signature of voter assistor)
244	Sworn and subscribed to before me this ____ day of ____,
245	(year)  .
246	(Signature of Official Administering Oath)
247
248
249	Reviser's note.--Amended to confirm the substitution
250	by the editors of the word "voter" for the word
251	"assistor" to conform to context and correct a coding
252	error.
253
254	Section 10.  Subsection (4) of section 101.111, Florida
255	Statutes, is amended to read:
256	101.111  Person desiring to vote may be challenged;
257	challenger to execute oath; oath of person challenged;
258	determination of challenge.--
259	(4)  Any elector or poll watcher filing a frivolous
260	challenge of any person's right to vote commits a misdemeanor of
261	the first degree, punishable as provided in s. 775.082, or s.
262	775.083, or s. 775.084; however, electors or poll watchers shall
263	not be subject to liability for any action taken in good faith
264	and in furtherance of any activity or duty permitted of such
265	electors or poll watchers by law. Each instance where any
266	elector or poll watcher files a frivolous challenge of any
267	person's right to vote constitutes a separate offense.
268
269	Reviser's note.--Amended to delete an erroneous
270	reference. Section 775.084 does not relate to
271	misdemeanors; it relates to violent career criminals,
272	habitual felony offenders, and habitual violent felony
273	offenders.
274
275	Section 11.  Paragraph (f) of subsection (13) of section
276	112.0455, Florida Statutes, is amended to read:
277	112.0455  Drug-Free Workplace Act.--
278	(13)  RULES.--
279	(f)  The Justice Administrative Commission may adopt rules
280	on behalf of the state attorneys and public defenders of
281	Florida, the Office of capital collateral regional counsel
282	Representative of Florida, and the Judicial Qualifications
283	Commission.
284
285	This section shall not be construed to eliminate the bargainable
286	rights as provided in the collective bargaining process where
287	applicable.
288
289	Reviser's note.--Amended to conform to the replacement
290	of the Office of Capital Collateral Representative
291	with capital collateral regional counsel in s. 27.701
292	by s. 1, ch. 97-313, Laws of Florida.
293
294	Section 12.  Paragraph (d) of subsection (7) of section
295	112.061, Florida Statutes, is amended to read:
296	112.061  Per diem and travel expenses of public officers,
297	employees, and authorized persons.--
298	(7)  TRANSPORTATION.--
299	(d)1.  The use of privately owned vehicles for official
300	travel in lieu of publicly owned vehicles or common carriers may
301	be authorized by the agency head or his or her designee.
302	Whenever travel is by privately owned vehicle, the traveler
303	shall be entitled to a mileage allowance at a fixed rate of 25
304	cents per mile for state fiscal year 1994-1995 and 29 cents per
305	mile thereafter or the common carrier fare for such travel, as
306	determined by the agency head. Reimbursement for expenditures
307	related to the operation, maintenance, and ownership of a
308	vehicle shall not be allowed when privately owned vehicles are
309	used on public business and reimbursement is made pursuant to
310	this paragraph, except as provided in subsection (8).
311	2.  All mileage shall be shown from point of origin to
312	point of destination and, when possible, shall be computed on
313	the basis of the current map of the Department of
314	Transportation. Vicinity mileage necessary for the conduct of
315	official business is allowable but must be shown as a separate
316	item on the expense voucher.
317
318	Reviser's note.--Amended to delete obsolete language
319	relating to a mileage rate for the 1994-1995 fiscal
320	year.
321
322	Section 13.  Subsection (1) of section 112.31901, Florida
323	Statutes, is amended to read:
324	112.31901  Investigatory records.--
325	(1)  If certified pursuant to subsection (2), an
326	investigatory record of the Chief Inspector General within the
327	Executive Office of the Governor or of the employee designated
328	by an agency head as the agency inspector general under s.
329	112.3189 is exempt from s. 119.07(1) and s. 24(a), Art. I of the
330	State Constitution until the investigation registration ceases
331	to be active, or a report detailing the investigation is
332	provided to the Governor or the agency head, or 60 days from the
333	inception of the investigation for which the record was made or
334	received, whichever first occurs. Investigatory records are
335	those records that are related to the investigation of an
336	alleged, specific act or omission or other wrongdoing, with
337	respect to an identifiable person or group of persons, based on
338	information compiled by the Chief Inspector General or by an
339	agency inspector general, as named under the provisions of s.
340	112.3189, in the course of an investigation. An investigation is
341	active if it is continuing with a reasonable, good faith
342	anticipation of resolution and with reasonable dispatch.
343
344	Reviser's note.--Amended to correct an apparent
345	drafting error and to conform to context.
346
347	Section 14.  Paragraph (d) of subsection (4) and paragraph
348	(a) of subsection (5) of section 119.071, Florida Statutes, are
349	amended to read:
350	119.071  General exemptions from inspection or copying of
351	public records.--
352	(4)  AGENCY PERSONNEL INFORMATION.--
353	(d)1.  The home addresses, telephone numbers, social
354	security numbers, and photographs of active or former law
355	enforcement personnel, including correctional and correctional
356	probation officers, personnel of the Department of Children and
357	Family Services whose duties include the investigation of abuse,
358	neglect, exploitation, fraud, theft, or other criminal
359	activities, personnel of the Department of Health whose duties
360	are to support the investigation of child abuse or neglect, and
361	personnel of the Department of Revenue or local governments
362	whose responsibilities include revenue collection and
363	enforcement or child support enforcement; the home addresses,
364	telephone numbers, social security numbers, photographs, and
365	places of employment of the spouses and children of such
366	personnel; and the names and locations of schools and day care
367	facilities attended by the children of such personnel are exempt
368	from s. 119.07(1). The home addresses, telephone numbers, and
369	photographs of firefighters certified in compliance with s.
370	633.35; the home addresses, telephone numbers, photographs, and
371	places of employment of the spouses and children of such
372	firefighters; and the names and locations of schools and day
373	care facilities attended by the children of such firefighters
374	are exempt from s. 119.07(1). The home addresses and telephone
375	numbers of justices of the Supreme Court, district court of
376	appeal judges, circuit court judges, and county court judges;
377	the home addresses, telephone numbers, and places of employment
378	of the spouses and children of justices and judges; and the
379	names and locations of schools and day care facilities attended
380	by the children of justices and judges are exempt from s.
381	119.07(1). The home addresses, telephone numbers, social
382	security numbers, and photographs of current or former state
383	attorneys, assistant state attorneys, statewide prosecutors, or
384	assistant statewide prosecutors; the home addresses, telephone
385	numbers, social security numbers, photographs, and places of
386	employment of the spouses and children of current or former
387	state attorneys, assistant state attorneys, statewide
388	prosecutors, or assistant statewide prosecutors; and the names
389	and locations of schools and day care facilities attended by the
390	children of current or former state attorneys, assistant state
391	attorneys, statewide prosecutors, or assistant statewide
392	prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
393	the State Constitution.
394	2.  The home addresses, telephone numbers, social security
395	numbers, and photographs of current or former human resource,
396	labor relations, or employee relations directors, assistant
397	directors, managers, or assistant managers of any local
398	government agency or water management district whose duties
399	include hiring and firing employees, labor contract negotiation,
400	administration, or other personnel-related duties; the names,
401	home addresses, telephone numbers, social security numbers,
402	photographs, and places of employment of the spouses and
403	children of such personnel; and the names and locations of
404	schools and day care facilities attended by the children of such
405	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
406	the State Constitution. This subparagraph is subject to the Open
407	Government Sunset Review Act in accordance with s. 119.15 and
408	shall stand repealed on October 2, 2006, unless reviewed and
409	saved from repeal through reenactment by the Legislature.
410	3.  The home addresses, telephone numbers, social security
411	numbers, and photographs of current or former United States
412	attorneys and assistant United States attorneys; the home
413	addresses, telephone numbers, social security numbers,
414	photographs, and places of employment of the spouses and
415	children of current or former United States attorneys and
416	assistant United States attorneys; and the names and locations
417	of schools and day care facilities attended by the children of
418	current or former United States attorneys and assistant United
419	States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
420	I of the State Constitution. This subparagraph is subject to the
421	Open Government Sunset Review Act in accordance with s. 119.15
422	and shall stand repealed on October 2, 2009, unless reviewed and
423	saved from repeal through reenactment by the Legislature.
424	4.  The home addresses, telephone numbers, social security
425	numbers, and photographs of current or former judges of United
426	States Courts of Appeal, United States district judges, and
427	United States magistrate judges; the home addresses, telephone
428	numbers, social security numbers, photographs, and places of
429	employment of the spouses and children of current or former
430	judges of United States Courts of Appeal, United States district
431	judges, and United States magistrate judges; and the names and
432	locations of schools and day care facilities attended by the
433	children of current or former judges of United States Courts of
434	Appeal, United States district judges, and United States
435	magistrate judges are exempt from s. 119.07(1) and s. 24(a),
436	Art. I of the State Constitution. This subparagraph is subject
437	to the Open Government Sunset Review Act in accordance with s.
438	119.15 and shall stand repealed on October 2, 2009, unless
439	reviewed and saved from repeal through reenactment by the
440	Legislature.
441	5.  The home addresses, telephone numbers, social security
442	numbers, and photographs of current or former code enforcement
443	officers; the names, home addresses, telephone numbers, social
444	security numbers, photographs, and places of employment of the
445	spouses and children of such persons; and the names and
446	locations of schools and day care facilities attended by the
447	children of such persons are exempt from s. 119.07(1) and s.
448	24(a), Art. I of the State Constitution. This subparagraph is
449	subject to the Open Government Sunset Review Act in accordance
450	with s. 119.15 and shall stand repealed on October 2, 2006,
451	unless reviewed and saved from repeal through reenactment by the
452	Legislature.
453	6.  The home addresses, telephone numbers, places of
454	employment, and photographs of current or former guardians ad
455	litem, as defined in s. 39.820, and the names, home addresses,
456	telephone numbers, and places of employment of the spouses and
457	children of such persons, are exempt from s. 119.07(1)
458	subsection (1) and s. 24(a), Art. I of the State Constitution,
459	if the guardian ad litem provides a written statement that the
460	guardian ad litem has made reasonable efforts to protect such
461	information from being accessible through other means available
462	to the public. This subparagraph is subject to the Open
463	Government Sunset Review Act of 1995 in accordance with s.
464	119.15 and shall stand repealed on October 2, 2010, unless
465	reviewed and saved from repeal through reenactment by the
466	Legislature.
467	7.  An agency that is the custodian of the personal
468	information specified in subparagraph 1., subparagraph 2.,
469	subparagraph 3., subparagraph 4., subparagraph 5., or
470	subparagraph 6. and that is not the employer of the officer,
471	employee, justice, judge, or other person specified in
472	subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
473	4., subparagraph 5., or subparagraph 6. shall maintain the
474	exempt status of the personal information only if the officer,
475	employee, justice, judge, other person, or employing agency of
476	the designated employee submits a written request for
477	maintenance of the exemption to the custodial agency.
478	(5)  OTHER PERSONAL INFORMATION.--
479	(a)1.  The Legislature acknowledges that the social
480	security number was never intended to be used for business
481	purposes but was intended to be used solely for the
482	administration of the federal Social Security System. The
483	Legislature is further aware that over time this unique numeric
484	identifier has been used extensively for identity verification
485	purposes and other legitimate consensual purposes. The
486	Legislature is also cognizant of the fact that the social
487	security number can be used as a tool to perpetuate fraud
488	against a person and to acquire sensitive personal, financial,
489	medical, and familial information, the release of which could
490	cause great financial or personal harm to an individual. The
491	Legislature intends to monitor the commercial use of social
492	security numbers held by state agencies in order to maintain a
493	balanced public policy.
494	2.  An agency shall not collect an individual's social
495	security number unless authorized by law to do so or unless the
496	collection of the social security number is otherwise imperative
497	for the performance of that agency's duties and responsibilities
498	as prescribed by law. Social security numbers collected by an
499	agency must be relevant to the purpose for which collected and
500	shall not be collected until and unless the need for social
501	security numbers has been clearly documented. An agency that
502	collects social security numbers shall also segregate that
503	number on a separate page from the rest of the record, or as
504	otherwise appropriate, in order that the social security number
505	be more easily redacted, if required, pursuant to a public
506	records request. An agency collecting a person's social security
507	number shall, upon that person's request, at the time of or
508	prior to the actual collection of the social security number by
509	that agency, provide that person with a statement of the purpose
510	or purposes for which the social security number is being
511	collected and used. Social security numbers collected by an
512	agency shall not be used by that agency for any purpose other
513	than the purpose stated. Social security numbers collected by an
514	agency prior to May 13, 2002, shall be reviewed for compliance
515	with this subparagraph. If the collection of a social security
516	number prior to May 13, 2002, is found to be unwarranted, the
517	agency shall immediately discontinue the collection of social
518	security numbers for that purpose.
519	3.  Effective October 1, 2002, all social security numbers
520	held by an agency are confidential and exempt from s. 119.07(1)
521	and s. 24(a), Art. I of the State Constitution. This exemption
522	applies to all social security numbers held by an agency before,
523	on, or after the effective date of this exemption.
524	4.  Social security numbers may be disclosed to another
525	governmental entity or its agents, employees, or contractors if
526	disclosure is necessary for the receiving entity to perform its
527	duties and responsibilities. The receiving governmental entity
528	and its agents, employees, and contractors shall maintain the
529	confidential and exempt status of such numbers.
530	5.  An agency shall not deny a commercial entity engaged in
531	the performance of a commercial activity as defined in s. 14.203
532	or its agents, employees, or contractors access to social
533	security numbers, provided the social security numbers will be
534	used only in the normal course of business for legitimate
535	business purposes, and provided the commercial entity makes a
536	written request for social security numbers, verified as
537	provided in s. 92.525, legibly signed by an authorized officer,
538	employee, or agent of the commercial entity. The verified
539	written request must contain the commercial entity's name,
540	business mailing and location addresses, business telephone
541	number, and a statement of the specific purposes for which it
542	needs the social security numbers and how the social security
543	numbers will be used in the normal course of business for
544	legitimate business purposes. The aggregate of these requests
545	shall serve as the basis for the agency report required in
546	subparagraph 8. An agency may request any other information
547	reasonably necessary to verify the identity of the entity
548	requesting the social security numbers and the specific purposes
549	for which such numbers will be used; however, an agency has no
550	duty to inquire beyond the information contained in the verified
551	written request. A legitimate business purpose includes
552	verification of the accuracy of personal information received by
553	a commercial entity in the normal course of its business; use in
554	a civil, criminal, or administrative proceeding; use for
555	insurance purposes; use in law enforcement and investigation of
556	crimes; use in identifying and preventing fraud; use in
557	matching, verifying, or retrieving information; and use in
558	research activities. A legitimate business purpose does not
559	include the display or bulk sale of social security numbers to
560	the general public or the distribution of such numbers to any
561	customer that is not identifiable by the distributor.
562	6.  Any person who makes a false representation in order to
563	obtain a social security number pursuant to this paragraph, or
564	any person who willfully and knowingly violates this paragraph,
565	commits a felony of the third degree, punishable as provided in
566	s. 775.082 or s. 775.083. Any public officer who violates this
567	paragraph is guilty of a noncriminal infraction, punishable by a
568	fine not exceeding $500. A commercial entity that provides
569	access to public records containing social security numbers in
570	accordance with this paragraph is not subject to the penalty
571	provisions of this subparagraph.
572	7.a.  On or after October 1, 2002, a person preparing or
573	filing a document to be recorded in the official records by the
574	county recorder as provided for in chapter 28 may not include
575	any person's social security number in that document, unless
576	otherwise expressly required by law. If a social security number
577	is or has been included in a document presented to the county
578	recorder for recording in the official records of the county
579	before, on, or after October 1, 2002, it may be made available
580	as part of the official record available for public inspection
581	and copying.
582	b.  Any person, or his or her attorney or legal guardian,
583	has the right to request that a county recorder remove, from an
584	image or copy of an official record placed on a county
585	recorder's publicly available Internet website or a publicly
586	available Internet website used by a county recorder to display
587	public records or otherwise made electronically available to the
588	general public by such recorder, his or her social security
589	number contained in that official record. Such request must be
590	made in writing, legibly signed by the requester and delivered
591	by mail, facsimile, or electronic transmission, or delivered in
592	person, to the county recorder. The request must specify the
593	identification page number that contains the social security
594	number to be redacted. The county recorder has no duty to
595	inquire beyond the written request to verify the identity of a
596	person requesting redaction. A fee shall not be charged for the
597	redaction of a social security number pursuant to such request.
598	c.  A county recorder shall immediately and conspicuously
599	post signs throughout his or her offices for public viewing and
600	shall immediately and conspicuously post a notice, on any
601	Internet website or remote electronic site made available by the
602	county recorder and used for the ordering or display of official
603	records or images or copies of official records, a notice
604	stating, in substantially similar form, the following:
605	(I)  On or after October 1, 2002, any person preparing or
606	filing a document for recordation in the official records may
607	not include a social security number in such document, unless
608	required by law.
609	(II)  Any person has a right to request a county recorder
610	to remove, from an image or copy of an official record placed on
611	a county recorder's publicly available Internet website or on a
612	publicly available Internet website used by a county recorder to
613	display public records or otherwise made electronically
614	available to the general public, any social security number
615	contained in an official record. Such request must be made in
616	writing and delivered by mail, facsimile, or electronic
617	transmission, or delivered in person, to the county recorder.
618	The request must specify the identification page number that
619	contains the social security number to be redacted. No fee will
620	be charged for the redaction of a social security number
621	pursuant to such a request.
622	d.  Until January 1, 2007, if a social security number,
623	made confidential and exempt pursuant to this paragraph, or a
624	complete bank account, debit, charge, or credit card number made
625	exempt pursuant to paragraph (b) is or has been included in a
626	court file, such number may be included as part of the court
627	record available for public inspection and copying unless
628	redaction is requested by the holder of such number, or by the
629	holder's attorney or legal guardian, in a signed, legibly
630	written request specifying the case name, case number, document
631	heading, and page number. The request must be delivered by mail,
632	facsimile, electronic transmission, or in person to the clerk of
633	the circuit court. The clerk of the circuit court does not have
634	a duty to inquire beyond the written request to verify the
635	identity of a person requesting redaction. A fee may not be
636	charged for the redaction of a social security number or a bank
637	account, debit, charge, or credit card number pursuant to such
638	request.
639	e.  Any person who prepares or files a document to be
640	recorded in the official records by the county recorder as
641	provided in chapter 28 may not include a person's social
642	security number or complete bank account, debit, charge, or
643	credit card number in that document unless otherwise expressly
644	required by law. Until January 1, 2007, if a social security
645	number or a complete bank account, debit, charge, or credit card
646	number is or has been included in a document presented to the
647	county recorder for recording in the official records of the
648	county, such number may be made available as part of the
649	official record available for public inspection and copying. Any
650	person, or his or her attorney or legal guardian, may request
651	that a county recorder remove from an image or copy of an
652	official record placed on a county recorder's publicly available
653	Internet website, or a publicly available Internet website used
654	by a county recorder to display public records outside the
655	office or otherwise made electronically available outside the
656	county recorder's office to the general public, his or her
657	social security number or complete account, debit, charge, or
658	credit card number contained in that official record. Such
659	request must be legibly written, signed by the requester, and
660	delivered by mail, facsimile, electronic transmission, or in
661	person to the county recorder. The request must specify the
662	identification page number of the document that contains the
663	number to be redacted. The county recorder does not have a duty
664	to inquire beyond the written request to verify the identity of
665	a person requesting redaction. A fee may not be charged for
666	redacting such numbers.
667	f.  Subparagraphs 5. 2. and 6. 3. do not apply to the
668	clerks of the court or the county recorder with respect to
669	circuit court records and official records.
670	g.  On January 1, 2007, and thereafter, the clerk of the
671	circuit court and the county recorder must keep complete bank
672	account, debit, charge, and credit card numbers exempt as
673	provided for in paragraph (b), and must keep social security
674	numbers confidential and exempt as provided for in subparagraph
675	3., without any person having to request redaction.
676	8.  Beginning January 31, 2004, and each January 31
677	thereafter, every agency must file a report with the Secretary
678	of State, the President of the Senate, and the Speaker of the
679	House of Representatives listing the identity of all commercial
680	entities that have requested social security numbers during the
681	preceding calendar year and the specific purpose or purposes
682	stated by each commercial entity regarding its need for social
683	security numbers. If no disclosure requests were made, the
684	agency shall so indicate.
685	9.  Any affected person may petition the circuit court for
686	an order directing compliance with this paragraph.
687	10.  This paragraph does not supersede any other applicable
688	public records exemptions existing prior to May 13, 2002, or
689	created thereafter.
690	11.  This paragraph is subject to the Open Government
691	Sunset Review Act in accordance with s. 119.15 and shall stand
692	repealed October 2, 2007, unless reviewed and saved from repeal
693	through reenactment by the Legislature.
694
695	Reviser's note.--Paragraph (4)(d) is amended to
696	confirm the substitution by the editors of the cite to
697	s. 119.07(1) for a cite to "subsection (1)" [of s.
698	119.07] to conform to the transfer of s. 119.07(6)(i)
699	to s. 119.071(4)(d) by s. 23, ch. 2005-251, Laws of
700	Florida. The paragraph is also amended to confirm a
701	substitution by the editors of a cite to the Open
702	Government Sunset Review Act for a reference to the
703	Open Government Sunset Review Act of 1995; the short
704	title was revised by s. 37, ch. 2005-251. Paragraph
705	(5)(a) was amended to confirm the deletion by the
706	editors of the words "a notice" following the word
707	"post" to eliminate redundancy. Paragraph (5)(a) was
708	also amended to correct a cross-reference; material
709	referenced, formerly at s. 119.0721(3) and (4), was
710	relocated to s. 119.071(5)(a)5. and 6., not s.
711	119.071(5)(a)2. and 3.
712
713	Section 15.  Paragraph (a) of subsection (4) of section
714	119.15, Florida Statutes, is amended to read:
715	119.15  Legislative review of exemptions from public
716	meeting and public records requirements.--
717	(4)(a)  A law that enacts a new exemption or substantially
718	amends an existing exemption must state that the record or
719	meeting is:
720	1.  Exempt from s. 24 24(a), Art. I of the State
721	Constitution;
722	2.  Exempt from s. 119.07(1) or s. 286.011; and
723	3.  Repealed at the end of 5 years and that the exemption
724	must be reviewed by the Legislature before the scheduled repeal
725	date.
726
727	Reviser's note.--Amended to correct an apparent error
728	and conform to the reference to s. 24, Art. I of the
729	State Constitution in subsection (2). Paragraph (4)(a)
730	references exemptions from records or meetings;
731	records are covered in s. 24(a), Art. I; meetings are
732	covered in s. 24(b), Art. I.
733
734	Section 16.  Subsection (2) of section 161.72, Florida
735	Statutes, is amended to read:
736	161.72  Findings and intent.--
737	(2)  It is the intent of the Legislature to create the
738	Oceans and Coastal Resources Council to assist the state in
739	identifying new management strategies to achieve the goal of
740	maximizing the protection and conservation of ocean and coastal
741	resources while recognizing their economic benefits.
742
743	Reviser's note.--Amended to confirm the deletion by
744	the editors of the word "Resources" from a reference
745	to the Oceans and Coastal Resources Council to conform
746	to the name of the Oceans and Coastal Council as
747	referenced in s. 161.71(2), which defines the council,
748	and in s. 161.73, which provides for creation of the
749	council.
750
751	Section 17.  Paragraph (n) of subsection (2) of section
752	161.74, Florida Statutes, is amended to read:
753	161.74  Responsibilities.--
754	(2)  RESEARCH PLAN.--The council must complete a Florida
755	Oceans and Coastal Scientific Research Plan which shall be used
756	by the Legislature in making funding decisions. The plan must
757	recommend priorities for scientific research projects. The plan
758	must be submitted to the President of the Senate and the Speaker
759	of the House of Representatives by January 15, 2006. Thereafter,
760	annual updates to the plan must be submitted to the President of
761	the Senate and the Speaker of the House of Representatives by
762	February 1 of each year. The research projects contained in the
763	plan must meet at least one of the following objectives:
764	(n)  Developing a statewide analysis of the economic value
765	associated with ocean and coastal resources, developing economic
766	baseline data, methodologies, and consistent measures of oceans
767	and coastal resource economic activity and value, and developing
768	reports that educate Floridians, the United States Commission on
769	National Ocean Policy Commission, local, state, and federal
770	agencies and others on the importance of ocean and coastal
771	resources.
772
773	Reviser's note.--Amended to confirm the substitution
774	by the editors of a reference to the United States
775	Commission on Ocean Policy for a reference to the
776	National Ocean Policy Commission to conform to the
777	official name of the commission.
778
779	Section 18.  Paragraph (b) of subsection (16) of section
780	163.3180, Florida Statutes, is amended to read:
781	163.3180  Concurrency.--
782	(16)  It is the intent of the Legislature to provide a
783	method by which the impacts of development on transportation
784	facilities can be mitigated by the cooperative efforts of the
785	public and private sectors. The methodology used to calculate
786	proportionate fair-share mitigation under this section shall be
787	as provided for in subsection (12).
788	(b)1.  In its transportation concurrency management system,
789	a local government shall, by December 1, 2006, include
790	methodologies that will be applied to calculate proportionate
791	fair-share mitigation. A developer may choose to satisfy all
792	transportation concurrency requirements by contributing or
793	paying proportionate fair-share mitigation if transportation
794	facilities or facility segments identified as mitigation for
795	traffic impacts are specifically identified for funding in the
796	5-year schedule of capital improvements in the capital
797	improvements element of the local plan or the long-term
798	concurrency management system or if such contributions or
799	payments to such facilities or segments are reflected in the 5-
800	year schedule of capital improvements in the next regularly
801	scheduled update of the capital improvements element. Updates to
802	the 5-year capital improvements element which reflect
803	proportionate fair-share contributions may not be found not in
804	compliance based on ss. 163.3164(32) 163.164(32) and 163.3177(3)
805	if additional contributions, payments or funding sources are
806	reasonably anticipated during a period not to exceed 10 years to
807	fully mitigate impacts on the transportation facilities.
808	2.  Proportionate fair-share mitigation shall be applied as
809	a credit against impact fees to the extent that all or a portion
810	of the proportionate fair-share mitigation is used to address
811	the same capital infrastructure improvements contemplated by the
812	local government's impact fee ordinance.
813
814	Reviser's note.--Amended to correct a reference to
815	nonexistent s. 163.164(32); s. 163.3164(32), relating
816	to financial feasibility, conforms to context.
817
818	Section 19.  Paragraph (b) of subsection (1) and
819	subsections (4) and (17) of section 163.3184, Florida Statutes,
820	are amended to read:
821	163.3184  Process for adoption of comprehensive plan or
822	plan amendment.--
823	(1)  DEFINITIONS.--As used in this section, the term:
824	(b)  "In compliance" means consistent with the requirements
825	of ss. 163.3177, 163.31776, when a local government adopts an
826	educational facilities element, 163.3178, 163.3180, 163.3191,
827	and 163.3245, with the state comprehensive plan, with the
828	appropriate strategic regional policy plan, and with chapter 9J-
829	5, Florida Administrative Code, where such rule is not
830	inconsistent with this part and with the principles for guiding
831	development in designated areas of critical state concern and
832	with part III of chapter 369, where applicable.
833	(4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
834	specified in paragraph (3)(a) shall provide comments to the
835	state land planning agency within 30 days after receipt by the
836	state land planning agency of the complete proposed plan
837	amendment. If the plan or plan amendment includes or relates to
838	the public school facilities element pursuant to s. 163.3177(12)
839	163.31776, the state land planning agency shall submit a copy to
840	the Office of Educational Facilities of the Commissioner of
841	Education for review and comment. The appropriate regional
842	planning council shall also provide its written comments to the
843	state land planning agency within 30 days after receipt by the
844	state land planning agency of the complete proposed plan
845	amendment and shall specify any objections, recommendations for
846	modifications, and comments of any other regional agencies to
847	which the regional planning council may have referred the
848	proposed plan amendment. Written comments submitted by the
849	public within 30 days after notice of transmittal by the local
850	government of the proposed plan amendment will be considered as
851	if submitted by governmental agencies. All written agency and
852	public comments must be made part of the file maintained under
853	subsection (2).
854	(17)  A local government that has adopted a community
855	vision and urban service boundary under s. 163.3177(13) and (14)
856	163.31773(13) and (14) may adopt a plan amendment related to map
857	amendments solely to property within an urban service boundary
858	in the manner described in subsections (1), (2), (7), (14),
859	(15), and (16) and s. 163.3187(1)(c)1.d. and e., 2., and 3.,
860	such that state and regional agency review is eliminated. The
861	department may not issue an objections, recommendations, and
862	comments report on proposed plan amendments or a notice of
863	intent on adopted plan amendments; however, affected persons, as
864	defined by paragraph (1)(a), may file a petition for
865	administrative review pursuant to the requirements of s.
866	163.3187(3)(a) to challenge the compliance of an adopted plan
867	amendment. This subsection does not apply to any amendment
868	within an area of critical state concern, to any amendment that
869	increases residential densities allowable in high-hazard coastal
870	areas as defined in s. 163.3178(2)(h), or to a text change to
871	the goals, policies, or objectives of the local government's
872	comprehensive plan. Amendments submitted under this subsection
873	are exempt from the limitation on the frequency of plan
874	amendments in s. 163.3187.
875
876	Reviser's note.--Paragraph (1)(b) and subsection (4)
877	are amended to conform to the repeal of s. 163.31776
878	by s. 3, ch. 2005-290, Laws of Florida, and the
879	placement of material relating to a public school
880	facilities element in s. 163.3177(12). Subsection (17)
881	is amended to correct a reference to nonexistent s.
882	163.31773(13) and (14); s. 163.3177(13) and (14)
883	relate to community vision and urban service
884	boundaries, respectively.
885
886	Section 20.  Paragraph (l) of subsection (1) of section
887	163.3187, Florida Statutes, is amended to read:
888	163.3187  Amendment of adopted comprehensive plan.--
889	(1)  Amendments to comprehensive plans adopted pursuant to
890	this part may be made not more than two times during any
891	calendar year, except:
892	(l)  A comprehensive plan amendment to adopt a public
893	educational facilities element pursuant to s. 163.3177(12)
894	163.31776 and future land-use-map amendments for school siting
895	may be approved notwithstanding statutory limits on the
896	frequency of adopting plan amendments.
897
898	Reviser's note.--Amended to conform to the repeal of
899	s. 163.31776 by s. 3, ch. 2005-290, Laws of Florida,
900	and the placement of material relating to a public
901	school facilities element in s. 163.3177(12).
902
903	Section 21.  Subsection (13) of section 201.15, Florida
904	Statutes, is amended to read:
905	201.15  Distribution of taxes collected.--All taxes
906	collected under this chapter shall be distributed as follows and
907	shall be subject to the service charge imposed in s. 215.20(1),
908	except that such service charge shall not be levied against any
909	portion of taxes pledged to debt service on bonds to the extent
910	that the amount of the service charge is required to pay any
911	amounts relating to the bonds:
912	(13)  The distribution of proceeds deposited into the Water
913	Management Lands Trust Fund and the Conservation and Recreation
914	Lands Trust Fund, pursuant to subsections (4) and (5), shall not
915	be used for land acquisition, but may be used for preacquisition
916	costs associated with land purchases. The Legislature intends
917	that the Florida Forever program supplant the acquisition
918	programs formerly authorized under ss. 259.032 and 373.59. Prior
919	to the 2005 Regular Session of the Legislature, the Acquisition
920	and Restoration Council shall review and make recommendations to
921	the Legislature concerning the need to repeal this provision.
922	Based on these recommendations, the Legislature shall review the
923	need to repeal this provision during the 2005 Regular Session.
924
925	Reviser's note.--Amended to delete obsolete language
926	relating to recommendations and a review to be
927	completed in 2005.
928
929	Section 22.  Effective July 1, 2007, subsections (10) and
930	(13) of section 201.15, Florida Statutes, as amended by section
931	1 of chapter 2005-92, Laws of Florida, are amended to read:
932	201.15  Distribution of taxes collected.--All taxes
933	collected under this chapter shall be distributed as follows and
934	shall be subject to the service charge imposed in s. 215.20(1),
935	except that such service charge shall not be levied against any
936	portion of taxes pledged to debt service on bonds to the extent
937	that the amount of the service charge is required to pay any
938	amounts relating to the bonds:
939	(10)  The lesser lessor of eight and sixty-six hundredths
940	percent of the remaining taxes collected under this chapter or
941	$136 million in each fiscal year shall be paid into the State
942	Treasury to the credit of the State Housing Trust Fund and shall
943	be used as follows:
944	(a)  Twelve and one-half percent of that amount shall be
945	deposited into the State Housing Trust Fund and be expended by
946	the Department of Community Affairs and by the Florida Housing
947	Finance Corporation for the purposes for which the State Housing
948	Trust Fund was created and exists by law.
949	(b)  Eighty-seven and one-half percent of that amount shall
950	be distributed to the Local Government Housing Trust Fund and
951	shall be used for the purposes for which the Local Government
952	Housing Trust Fund was created and exists by law. Funds from
953	this category may also be used to provide for state and local
954	services to assist the homeless.
955	(13)  The distribution of proceeds deposited into the Water
956	Management Lands Trust Fund and the Conservation and Recreation
957	Lands Trust Fund, pursuant to subsections (4) and (5), shall not
958	be used for land acquisition, but may be used for preacquisition
959	costs associated with land purchases. The Legislature intends
960	that the Florida Forever program supplant the acquisition
961	programs formerly authorized under ss. 259.032 and 373.59. Prior
962	to the 2005 Regular Session of the Legislature, the Acquisition
963	and Restoration Council shall review and make recommendations to
964	the Legislature concerning the need to repeal this provision.
965	Based on these recommendations, the Legislature shall review the
966	need to repeal this provision during the 2005 Regular Session.
967
968	Reviser's note.--Subsection (10) is amended to confirm
969	the substitution by the editors of the word "lesser"
970	for the word "lessor" to conform to context.
971	Subsection (13) is amended to delete obsolete language
972	relating to recommendations and a review to be
973	completed in 2005.
974
975	Section 23.  Paragraph (j) of subsection (3) of section
976	202.26, Florida Statutes, is amended to read:
977	202.26  Department powers.--
978	(3)  To administer the tax imposed by this chapter, the
979	department may adopt rules relating to:
980	(j)  The types of books and records kept in the regular
981	course of business which must be available during an audit of a
982	dealer's books and records when the dealer has made an
983	allocation or attribution pursuant to the definition of sales
984	prices in s. 202.11(13)(b)8. 202.11(14)(b)8. and examples of
985	methods for determining the reasonableness thereof. Books and
986	records kept in the regular course of business include, but are
987	not limited to, general ledgers, price lists, cost records,
988	customer billings, billing system reports, tariffs, and other
989	regulatory filings and rules of regulatory authorities. Such
990	records may be required to be made available to the department
991	in an electronic format when so kept by the dealer. The dealer
992	may support the allocation of charges with books and records
993	kept in the regular course of business covering the dealer's
994	entire service area, including territories outside this state.
995	During an audit, the department may reasonably require
996	production of any additional books and records found necessary
997	to assist in its determination.
998
999	Reviser's note.--Amended to correct a reference and
1000	conform to context. Section 202.11(14) was
1001	redesignated as s. 202.11(13) by s. 1, ch. 2005-187,
1002	Laws of Florida.
1003
1004	Section 24.  Section 215.965, Florida Statutes, is amended
1005	to read:
1006	215.965  Disbursement of state moneys.--Except as provided
1007	in s. 17.076, s. 253.025(14), s. 259.041(18), s. 717.124(4)(b)
1008	and (c) 717.124(5), s. 732.107(5), or s. 733.816(5), all moneys
1009	in the State Treasury shall be disbursed by state warrant, drawn
1010	by the Chief Financial Officer upon the State Treasury and
1011	payable to the ultimate beneficiary. This authorization shall
1012	include electronic disbursement.
1013
1014	Reviser's note.--Amended to conform to the
1015	redesignation of s. 717.124(5) as s. 717.124(4)(b) and
1016	(c) by s. 121, ch. 2004-390, Laws of Florida.
1017
1018	Section 25.  Paragraph (a) of subsection (5) of section
1019	216.136, Florida Statutes, is amended to read:
1020	216.136  Consensus estimating conferences; duties and
1021	principals.--
1022	(5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
1023	(a)  Duties.--The Criminal Justice Estimating Conference
1024	shall:
1025	1.  Develop such official information relating to the
1026	criminal justice system, including forecasts of prison
1027	admissions and population and of supervised felony offender
1028	admissions and population, as the conference determines is
1029	needed for the state planning and budgeting system.
1030	2.  Develop such official information relating to the
1031	number of eligible discharges and the projected number of civil
1032	commitments for determining space needs pursuant to the civil
1033	proceedings provided under part V of chapter 394.
1034	3.  Develop official information relating to the number of
1035	sexual offenders and sexual predators who are required by law to
1036	be placed on community control, probation, or conditional
1037	release who are subject to electronic monitoring. In addition,
1038	the Office of Economic and Demographic Research shall study the
1039	factors relating to the sentencing of sex offenders from the
1040	point of arrest through the imposition of sanctions by the
1041	sentencing court, including original charges, plea negotiations,
1042	trial dispositions, and sanctions. The Department of
1043	Corrections, the Office of the State Courts Administrator, the
1044	Florida Department of Law Enforcement, and the state attorneys
1045	shall provide information deemed necessary for the study. The
1046	final report shall be provided to the President of the Senate
1047	and the Speaker of the House of Representatives by March 1,
1048	2006.
1049
1050	Reviser's note.--Amended to confirm the insertion by
1051	the editors of the words "of Representatives"
1052	following the word "House" to conform to the complete
1053	name of the legislative body.
1054
1055	Section 26.  Paragraph (c) of subsection (1) of section
1056	253.01, Florida Statutes, is amended to read:
1057	253.01  Internal Improvement Trust Fund established.--
1058	(1)
1059	(c)  Notwithstanding any provisions of law to the contrary,
1060	if title to any state-owned lands is vested in the Board of
1061	Trustees of the Internal Improvement Trust Fund and the lands
1062	are located within the Everglades Agricultural Area, then all
1063	proceeds from the sale of any such lands shall be deposited into
1064	the Internal Improvement Trust Fund. The provisions of this
1065	paragraph shall not apply to those lands acquired pursuant to s.
1066	ss. 607.0505, and former s. 620.192, or chapter 895.
1067
1068	Reviser's note.--Amended to clarify the status of
1069	referenced s. 620.192, which was repealed by s. 25,
1070	ch. 2005-267, Laws of Florida.
1071
1072	Section 27.  Subsection (12) of section 253.03, Florida
1073	Statutes, is amended to read:
1074	253.03  Board of trustees to administer state lands; lands
1075	enumerated.--
1076	(12)  The Board of Trustees of the Internal Improvement
1077	Trust Fund is hereby authorized to administer, manage, control,
1078	conserve, protect, and sell all real property forfeited to the
1079	state pursuant to ss. 895.01-895.09 or acquired by the state
1080	pursuant to s. 607.0505 or former s. 620.192. The board is
1081	directed to immediately determine the value of all such property
1082	and shall ascertain whether the property is in any way
1083	encumbered. If the board determines that it is in the best
1084	interest of the state to do so, funds from the Internal
1085	Improvement Trust Fund may be used to satisfy any such
1086	encumbrances. If forfeited property receipts are not sufficient
1087	to satisfy encumbrances on the property and expenses permitted
1088	under this section, funds from the Land Acquisition Trust Fund
1089	may be used to satisfy any such encumbrances and expenses. All
1090	property acquired by the board pursuant to s. 607.0505, former
1091	s. 620.192, or ss. 895.01-895.09 shall be sold as soon as
1092	commercially feasible unless the Attorney General recommends and
1093	the board determines that retention of the property in public
1094	ownership would effectuate one or more of the following policies
1095	of statewide significance: protection or enhancement of
1096	floodplains, marshes, estuaries, lakes, rivers, wilderness
1097	areas, wildlife areas, wildlife habitat, or other
1098	environmentally sensitive natural areas or ecosystems; or
1099	preservation of significant archaeological or historical sites
1100	identified by the Secretary of State. In such event the property
1101	shall remain in the ownership of the board, to be controlled,
1102	managed, and disposed of in accordance with this chapter, and
1103	the Internal Improvement Trust Fund shall be reimbursed from the
1104	Land Acquisition Trust Fund, or other appropriate fund
1105	designated by the board, for any funds expended from the
1106	Internal Improvement Trust Fund pursuant to this subsection in
1107	regard to such property. Upon the recommendation of the Attorney
1108	General, the board may reimburse the investigative agency for
1109	its investigative expenses, costs, and attorneys' fees, and may
1110	reimburse law enforcement agencies for actual expenses incurred
1111	in conducting investigations leading to the forfeiture of such
1112	property from funds deposited in the Internal Improvement Trust
1113	Fund of the Department of Environmental Protection. The proceeds
1114	of the sale of property acquired under s. 607.0505, former s.
1115	620.192, or ss. 895.01-895.09 shall be distributed as follows:
1116	(a)  After satisfaction of any valid claims arising under
1117	the provisions of s. 895.09(1)(a) or (b), any moneys used to
1118	satisfy encumbrances and expended as costs of administration,
1119	appraisal, management, conservation, protection, sale, and real
1120	estate sales services and any interest earnings lost to the Land
1121	Acquisition Trust Fund as of a date certified by the Department
1122	of Environmental Protection shall be replaced first in the Land
1123	Acquisition Trust Fund, if those funds were used, and then in
1124	the Internal Improvement Trust Fund; and
1125	(b)  The remainder shall be distributed as set forth in s.
1126	895.09.
1127
1128	Reviser's note.--Amended to clarify the status of
1129	referenced s. 620.192, which was repealed by s. 25,
1130	ch. 2005-267, Laws of Florida.
1131
1132	Section 28.  Subsection (1) of section 253.74, Florida
1133	Statutes, is amended to read:
1134	253.74  Penalties.--
1135	(1)  Any person who conducts aquaculture activities in
1136	excess of those authorized by the board or who conducts such
1137	activities on state-owned submerged lands without having
1138	previously obtained an authorization from the board commits a
1139	misdemeanor and shall be subject to imprisonment for not more
1140	than 6 months or fine of not more than $1,000, or both. In
1141	addition to such fine and imprisonment, all works, improvements,
1142	and animal and plant life involved in the project, may be
1143	forfeited to the state.
1144
1145	Reviser's note.--Amended to improve clarity.
1146
1147	Section 29.  Section 267.0619, Florida Statutes, is
1148	reenacted to read:
1149	267.0619  Historical Museum Grants.--The division may
1150	conduct a program to provide:
1151	(1)(a)  Grants from the Historical Resources Operating
1152	Trust Fund, including matching grants, to a department or agency
1153	of the state; a unit of county, municipal, or other local
1154	government; or a public or private profit or nonprofit
1155	corporation, partnership, or other organization to assist in the
1156	development of public educational exhibits relating to the
1157	historical resources of Florida; and
1158	(b)  Grants from the Historical Resources Operating Trust
1159	Fund to Florida history museums that are not state-operated to
1160	assist such museums in paying for operating costs.
1161	(2)  In order to be eligible to receive a grant from the
1162	trust fund to assist in paying operating costs, a Florida
1163	history museum must fulfill the following criteria:
1164	(a)  The mission of the museum must relate directly and
1165	primarily to the history of Florida.  If the museum has more
1166	than one mission, the museum is eligible to receive a grant for
1167	that portion of the operating costs which is reasonably
1168	attributable to its mission relating to the history of Florida;
1169	(b)  The museum must have been operating and open to the
1170	public for at least 180 days each year during the 2-year period
1171	immediately preceding the date upon which the museum applies for
1172	the grant;
1173	(c)  The museum must be open and providing museum services
1174	to the public for at least 180 days each year; and
1175	(d)  The museum must currently employ, and must have
1176	employed during the 2-year period immediately preceding the date
1177	upon which the museum applies for the grant, at least one full-
1178	time staff member or the equivalent thereof whose primary
1179	responsibility is to acquire, maintain, and exhibit to the
1180	public objects that are owned by, or are on loan to, the museum.
1181	(3)  An application for a grant must be made to the
1182	division on a form provided by the division. The division shall
1183	adopt rules prescribing categories of grants, application
1184	requirements, criteria and procedures for the review and
1185	evaluation of applications, and other procedures necessary for
1186	the administration of the program, subject to the requirements
1187	of this section. Grant review panels appointed by the Secretary
1188	of State and chaired by a member of the Florida Historical
1189	Commission or a designee appointed by the commission's presiding
1190	officer shall review each application for a museum grant-in-aid.
1191	The review panel shall submit to the Secretary of State for
1192	approval lists of all applications that are recommended by the
1193	panel for the award of grants, arranged in order of priority.
1194	The division may award a grant to a Florida history museum only
1195	if the award has been approved by the Secretary of State.
1196	(4)  Money received as an appropriation or contribution to
1197	the grants program must be deposited into the Historical
1198	Resources Operating Trust Fund. Money appropriated from general
1199	revenue to the trust fund for the program may not be granted to
1200	a private for-profit museum. Money appropriated from any source
1201	to the trust fund for the program may not be granted to pay the
1202	cost of locating, identifying, evaluating, acquiring,
1203	preserving, protecting, restoring, rehabilitating, stabilizing,
1204	or excavating an archaeological or historic site or a historic
1205	building or the planning of any of those activities.
1206	(5)  The division may grant moneys quarterly from the
1207	Historical Resources Operating Trust Fund to history museums in
1208	advance of an exhibit or program for which the moneys are
1209	granted.
1210
1211	Reviser's note.--Section 16, ch. 2005-207, Laws of
1212	Florida, amended subsection (3) without publishing the
1213	introductory paragraph to the section. Absent
1214	affirmative evidence of legislative intent to repeal
1215	the introductory language, it is reenacted here to
1216	confirm that the omission was not intended.
1217
1218	Section 30.  Subsection (1) of section 316.272, Florida
1219	Statutes, is amended to read:
1220	316.272  Exhaust systems, prevention of noise.--
1221	(1)  Every motor vehicle shall at all times be equipped
1222	with an exhaust system in good working order and in constant
1223	operation, including muffler, manifold pipe, and tailpiping to
1224	prevent excessive or unusual noise. In no event shall an exhaust
1225	system allow noise at a level which exceeds a maximum decibel
1226	level to be established by regulation of the Department of
1227	Environmental Protection as provided in s. 403.061(11)
1228	403.061(13) in cooperation with the Department of Highway Safety
1229	and Motor Vehicles. No person shall use a muffler cutout, bypass
1230	or similar device upon a vehicle on a highway.
1231
1232	Reviser's note.--Amended to conform to the current
1233	location within s. 403.061 of material relating to
1234	noise pollution; s. 14, ch. 78-95, Laws of Florida,
1235	deleted then-existing subsections (8) and (9), and
1236	subsection (13) became subsection (11).
1237
1238	Section 31.  Subsection (1) of section 320.0843, Florida
1239	Statutes, is amended to read:
1240	320.0843  License plates for persons with disabilities
1241	eligible for permanent disabled parking permits.--
1242	(1)  Any owner or lessee of a motor vehicle who resides in
1243	this state and qualifies for a disabled parking permit under s.
1244	320.0848(2), upon application to the department and payment of
1245	the license tax for a motor vehicle registered under s.
1246	320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or
1247	(9)(c) or (d), shall be issued a license plate as provided by s.
1248	320.06 which, in lieu of the serial number prescribed by s.
1249	320.06, shall be stamped with the international wheelchair user
1250	symbol after the serial number of the license plate. The license
1251	plate entitles the person to all privileges afforded by a
1252	parking permit issued under s. 320.0848. When more than that one
1253	registrant is listed on the registration issued under this
1254	section, the eligible applicant shall be noted on the
1255	registration certificate.
1256
1257	Reviser's note.--Amended to confirm the substitution
1258	by the editors of the word "than" for the word "that"
1259	to conform to context.
1260
1261	Section 32.  Paragraph (b) of subsection (9) of section
1262	320.27, Florida Statutes, is amended to read:
1263	320.27  Motor vehicle dealers.--
1264	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
1265	(b)  The department may deny, suspend, or revoke any
1266	license issued hereunder or under the provisions of s. 320.77 or
1267	s. 320.771 upon proof that a licensee has committed, with
1268	sufficient frequency so as to establish a pattern of wrongdoing
1269	on the part of a licensee, violations of one or more of the
1270	following activities:
1271	1.  Representation that a demonstrator is a new motor
1272	vehicle, or the attempt to sell or the sale of a demonstrator as
1273	a new motor vehicle without written notice to the purchaser that
1274	the vehicle is a demonstrator. For the purposes of this section,
1275	a "demonstrator," a "new motor vehicle," and a "used motor
1276	vehicle" shall be defined as under s. 320.60.
1277	2.  Unjustifiable refusal to comply with a licensee's
1278	responsibility under the terms of the new motor vehicle warranty
1279	issued by its respective manufacturer, distributor, or importer.
1280	However, if such refusal is at the direction of the
1281	manufacturer, distributor, or importer, such refusal shall not
1282	be a ground under this section.
1283	3.  Misrepresentation or false, deceptive, or misleading
1284	statements with regard to the sale or financing of motor
1285	vehicles which any motor vehicle dealer has, or causes to have,
1286	advertised, printed, displayed, published, distributed,
1287	broadcast, televised, or made in any manner with regard to the
1288	sale or financing of motor vehicles.
1289	4.  Failure by any motor vehicle dealer to provide a
1290	customer or purchaser with an odometer disclosure statement and
1291	a copy of any bona fide written, executed sales contract or
1292	agreement of purchase connected with the purchase of the motor
1293	vehicle purchased by the customer or purchaser.
1294	5.  Failure of any motor vehicle dealer to comply with the
1295	terms of any bona fide written, executed agreement, pursuant to
1296	the sale of a motor vehicle.
1297	6.  Failure to apply for transfer of a title as prescribed
1298	in s. 319.23(6).
1299	7.  Use of the dealer license identification number by any
1300	person other than the licensed dealer or his or her designee.
1301	8.  Failure to continually meet the requirements of the
1302	licensure law.
1303	9.  Representation to a customer or any advertisement to
1304	the public representing or suggesting that a motor vehicle is a
1305	new motor vehicle if such vehicle lawfully cannot be titled in
1306	the name of the customer or other member of the public by the
1307	seller using a manufacturer's statement of origin as permitted
1308	in s. 319.23(1).
1309	10.  Requirement by any motor vehicle dealer that a
1310	customer or purchaser accept equipment on his or her motor
1311	vehicle which was not ordered by the customer or purchaser.
1312	11.  Requirement by any motor vehicle dealer that any
1313	customer or purchaser finance a motor vehicle with a specific
1314	financial institution or company.
1315	12.  Requirement by any motor vehicle dealer that the
1316	purchaser of a motor vehicle contract with the dealer for
1317	physical damage insurance.
1318	13.  Perpetration of a fraud upon any person as a result of
1319	dealing in motor vehicles, including, without limitation, the
1320	misrepresentation to any person by the licensee of the
1321	licensee's relationship to any manufacturer, importer, or
1322	distributor.
1323	14.  Violation of any of the provisions of s. 319.35 by any
1324	motor vehicle dealer.
1325	15.  Sale by a motor vehicle dealer of a vehicle offered in
1326	trade by a customer prior to consummation of the sale, exchange,
1327	or transfer of a newly acquired vehicle to the customer, unless
1328	the customer provides written authorization for the sale of the
1329	trade-in vehicle prior to delivery of the newly acquired
1330	vehicle.
1331	16.  Willful failure to comply with any administrative rule
1332	adopted by the department or the provisions of s. 320.131(8).
1333	17.  Violation of chapter 319, this chapter, or ss.
1334	559.901-559.9221, which has to do with dealing in or repairing
1335	motor vehicles or mobile homes. Additionally, in the case of
1336	used motor vehicles, the willful violation of the federal law
1337	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1338	the consumer sales window form.
1339	18.  Failure to maintain evidence of notification to the
1340	owner or coowner of a vehicle regarding registration or titling
1341	fees owed owned as required in s. 320.02(17) 320.02(19).
1342
1343	Reviser's note.--Amended to conform to the
1344	redesignation of s. 320.02(19) as created by s. 14,
1345	ch. 2005-164, Laws of Florida, as s. 320.02(17) by the
1346	reviser as a result of the redesignation of existing
1347	s. 320.02(17) and (18) as a portion of s. 320.02(16)
1348	by s. 1, ch. 2005-254, Laws of Florida. The word
1349	"owed" was substituted for the word "owned" to conform
1350	to context.
1351
1352	Section 33.  Subsection (8) of section 322.121, Florida
1353	Statutes, is amended to read:
1354	322.121  Periodic reexamination of all drivers.--
1355	(8)  In addition to any other examination authorized by
1356	this section, an applicant for a renewal of an endorsement
1357	issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f) may
1358	be required to complete successfully an examination of his or
1359	her knowledge regarding state and federal rules, regulations,
1360	and laws, governing the type of vehicle which he or she is
1361	seeking an endorsement to operate.
1362
1363	Reviser's note.--Amended to conform to the
1364	redesignation of s. 322.57(1)(c), (d), and (e) as s.
1365	322.57(1)(d), (e), and (f) by s. 90, ch. 2005-164,
1366	Laws of Florida.
1367
1368	Section 34.  Subsection (3) of section 337.195, Florida
1369	Statutes, is amended to read:
1370	337.195  Limits on liability.--
1371	(3)  In all cases involving personal injury, property
1372	damage, or death, a person or entity who contracts to prepare or
1373	provide engineering plans for the construction or repair of a
1374	highway, road, street, bridge, or other transportation facility
1375	for the Department of Transportation shall be presumed to have
1376	prepared such engineering plans using the degree of care and
1377	skill ordinarily exercised by other engineers in the field under
1378	similar conditions and in similar localities and with due regard
1379	for acceptable engineering standards and principles if the
1380	engineering plans conformed to the Department of
1381	Transportation's design standards material to the condition or
1382	defect that was the proximate cause of the personal person
1383	injury, property damage, or death. This presumption can be
1384	overcome only upon a showing of the person's or entity's gross
1385	negligence in the preparation of the engineering plans and shall
1386	not be interpreted or construed to alter or affect any claim of
1387	the Department of Transportation against such person or entity.
1388	The limitation on liability contained in this subsection shall
1389	not apply to any hidden or undiscoverable condition created by
1390	the engineer. This subsection does not affect any claim of any
1391	entity against such engineer or engineering firm, which claim is
1392	associated with such entity's facilities on or in Department of
1393	Transportation roads or other transportation facilities.
1394
1395	Reviser's note.--Amended to confirm the substitution
1396	by the editors of the word "personal" for the word
1397	"person" to conform to context.
1398
1399	Section 35.  Paragraph (a) of subsection (4) of section
1400	339.2819, Florida Statutes, is amended to read:
1401	339.2819  Transportation Regional Incentive Program.--
1402	(4)(a)  Projects to be funded with Transportation Regional
1403	Incentive Program funds shall, at a minimum:
1404	1.  Support those transportation facilities that serve
1405	national, statewide, or regional functions and function as an
1406	integrated regional transportation system.
1407	2.  Be identified in the capital improvements element of a
1408	comprehensive plan that has been determined to be in compliance
1409	with part II of chapter 163, after July 1, 2005, or to implement
1410	a long-term concurrency management system adopted by a local
1411	government in accordance with s. 163.3180(9) 163.3177(9).
1412	Further, the project shall be in compliance with local
1413	government comprehensive plan policies relative to corridor
1414	management.
1415	3.  Be consistent with the Strategic Intermodal System Plan
1416	developed under s. 339.64.
1417	4.  Have a commitment for local, regional, or private
1418	financial matching funds as a percentage of the overall project
1419	cost.
1420
1421	Reviser's note.--Amended to substitute a reference to
1422	s. 163.3180(9), relating to long-term transportation
1423	and school community management systems, for a
1424	reference to s. 163.3177(9), relating to rule adoption
1425	of minimum criteria for review and determination of
1426	compliance of local government plan elements to
1427	conform to context.
1428
1429	Section 36.  Subsection (2) of section 339.64, Florida
1430	Statutes, is reenacted to read:
1431	339.64  Strategic Intermodal System Plan.--
1432	(2)  In association with the continued development of the
1433	Strategic Intermodal System Plan, the Florida Transportation
1434	Commission, as part of its work program review process, shall
1435	conduct an annual assessment of the progress that the department
1436	and its transportation partners have made in realizing the goals
1437	of economic development, improved mobility, and increased
1438	intermodal connectivity of the Strategic Intermodal System. The
1439	Florida Transportation Commission shall coordinate with the
1440	department, the Statewide Intermodal Transportation Advisory
1441	Council, and other appropriate entities when developing this
1442	assessment. The Florida Transportation Commission shall deliver
1443	a report to the Governor and Legislature no later than 14 days
1444	after the regular session begins, with recommendations as
1445	necessary to fully implement the Strategic Intermodal System.
1446
1447	Reviser's note.--Reenacted to confirm the continued
1448	existence of subsection (2), which was repealed by s.
1449	37, ch. 2005-2, Laws of Florida, a reviser's bill,
1450	because it related to obsolete reporting requirements.
1451	Those requirements were revised and updated by s. 7,
1452	ch. 2005-281, Laws of Florida.
1453
1454	Section 37.  Paragraph (a) of subsection (2) of section
1455	348.9932, Florida Statutes, is amended to read:
1456	348.9932  Southwest Florida Expressway Authority.--
1457	(2)  The governing body of the authority shall consist of
1458	seven voting members and one nonvoting member, as set forth in
1459	this subsection.
1460	(a)1.
1461	a.  One member who is a permanent resident of Collier
1462	County and one member who is a permanent resident of Lee County
1463	shall be appointed by the Governor to serve a term of 4 years
1464	each. The Governor shall select his or her appointees from a
1465	list submitted by the board of county commissioners of each
1466	county, with each list recommending five candidates from their
1467	respective county.
1468	b.  One member who is a permanent resident of Collier
1469	County shall be appointed by the Board of County Commissioners
1470	of Collier County and one member who is a permanent resident of
1471	Lee County shall be appointed by the Board of County
1472	Commissioners of Lee County to serve a term of 4 years each.
1473	2.  Each member appointed under this paragraph shall be a
1474	person of outstanding reputation for integrity, responsibility,
1475	and business ability and shall have an interest in ground
1476	transportation. No elected official and no person who is an
1477	employee, in any capacity, of Collier County or Lee County or of
1478	any city within Collier County or Lee County shall be an
1479	appointed member of the authority except as set forth in this
1480	section.
1481	3.  Each appointed member shall be a resident of his or her
1482	respective county during his or her entire term.
1483	4.  Each appointed member shall be a voting member and
1484	shall hold office until his or her successor has been appointed
1485	and has qualified. A vacancy occurring during a term shall be
1486	filled only for the remainder of the unexpired term.
1487
1488	Reviser's note.--Amended pursuant to the directive of
1489	the Legislature in s. 1, ch. 93-199, Laws of Florida,
1490	to remove gender-specific references applicable to
1491	human beings from the Florida Statutes without
1492	substantive change in legal effect.
1493
1494	Section 38.  Paragraph (d) of subsection (1) and paragraph
1495	(b) of subsection (7) of section 373.036, Florida Statutes, are
1496	amended to read:
1497	373.036  Florida water plan; district water management
1498	plans.--
1499	(1)  FLORIDA WATER PLAN.--In cooperation with the water
1500	management districts, regional water supply authorities, and
1501	others, the department shall develop the Florida water plan. The
1502	Florida water plan shall include, but not be limited to:
1503	(d)  Goals, objectives, and guidance for the development
1504	and review of programs, rules, and plans relating to water
1505	resources, based on statutory policies and directives. The state
1506	water policy rule, renamed the water resource implementation
1507	rule pursuant to s. 373.019(23) 373.019(20), shall serve as this
1508	part of the plan. Amendments or additions to this part of the
1509	Florida water plan shall be adopted by the department as part of
1510	the water resource implementation rule. In accordance with s.
1511	373.114, the department shall review rules of the water
1512	management districts for consistency with this rule. Amendments
1513	to the water resource implementation rule must be adopted by the
1514	secretary of the department and be submitted to the President of
1515	the Senate and the Speaker of the House of Representatives
1516	within 7 days after publication in the Florida Administrative
1517	Weekly. Amendments shall not become effective until the
1518	conclusion of the next regular session of the Legislature
1519	following their adoption.
1520	(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
1521	REPORT.--
1522	(b)  The consolidated annual report shall contain the
1523	following elements, as appropriate to that water management
1524	district:
1525	1.  A district water management plan annual report or the
1526	annual work plan report allowed in subparagraph (2)(e)4.
1527	2.  The department-approved minimum flows and levels annual
1528	priority list and schedule required by s. 373.042(2).
1529	3.  The annual 5-year capital improvements plan required by
1530	s. 373.536(6)(a)3.
1531	4.  The alternative water supplies annual report required
1532	by s. 373.1961(3)(n) 373.1961(2)(k).
1533	5.  The final annual 5-year water resource development work
1534	program required by s. 373.536(6)(a)4.
1535	6.  The Florida Forever Water Management District Work Plan
1536	annual report required by s. 373.199(7).
1537	7.  The mitigation donation annual report required by s.
1538	373.414(1)(b)2.
1539
1540	Reviser's note.--Paragraph (1)(d) is amended to
1541	conform to the redesignation of subunits of s. 373.019
1542	by s. 1, ch. 2005-291, Laws of Florida. Paragraph
1543	(7)(b) is amended to conform to the redesignation of
1544	subunits of s. 373.1961 by s. 3, ch. 2005-291.
1545
1546	Section 39.  Subsection (3) of section 373.0361, Florida
1547	Statutes, is amended to read:
1548	373.0361  Regional water supply planning.--
1549	(3)  The water supply development component of a regional
1550	water supply plan which deals with or affects public utilities
1551	and public water supply for those areas served by a regional
1552	water supply authority and its member governments within the
1553	boundary of the Southwest Florida Water Management District
1554	shall be developed jointly by the authority and the district. In
1555	areas not served by regional water supply authorities, or other
1556	multijurisdictional water supply entities, and where
1557	opportunities exist to meet water supply needs more efficiently
1558	through multijurisdictional projects identified pursuant to
1559	paragraph (2)(a) s. 372.0361(2)(a), water management districts
1560	are directed to assist in developing multijurisdictional
1561	approaches to water supply project development jointly with
1562	affected water utilities, special districts, and local
1563	governments.
1564
1565	Reviser's note.--Amended to confirm the substitution
1566	by the editors of a reference to paragraph (2)(a) for
1567	a reference to nonexistent s. 372.0361(2)(a); s.
1568	373.0361(2)(a) references multijurisdictional
1569	projects.
1570
1571	Section 40.  Paragraph (e) of subsection (3) of section
1572	373.1961, Florida Statutes, is amended to read:
1573	373.1961  Water production; general powers and duties;
1574	identification of needs; funding criteria; economic incentives;
1575	reuse funding.--
1576	(3)  FUNDING.--
1577	(e)  Applicants for projects that may receive funding
1578	assistance pursuant to the Water Protection and Sustainability
1579	Program shall, at a minimum, be required to pay 60 percent of
1580	the project's construction costs. The water management districts
1581	may, at their discretion, totally or partially waive this
1582	requirement for projects sponsored by financially disadvantaged
1583	small local governments as defined in s. 403.885(5) 403.885(4).
1584	The water management districts or basin boards may, at their
1585	discretion, use ad valorem or federal revenues to assist a
1586	project applicant in meeting the requirements of this paragraph.
1587
1588	Reviser's note.--Amended to conform to the
1589	redesignation of subunits within s. 403.885 by s. 16,
1590	ch. 2005-291, Laws of Florida.
1591
1592	Section 41.  Subsection (1) of section 373.421, Florida
1593	Statutes, is amended to read:
1594	373.421  Delineation methods; formal determinations.--
1595	(1)  The Environmental Regulation Commission shall adopt a
1596	unified statewide methodology for the delineation of the extent
1597	of wetlands as defined in s. 373.019(25) 373.019(22). This
1598	methodology shall consider regional differences in the types of
1599	soils and vegetation that may serve as indicators of the extent
1600	of wetlands. This methodology shall also include provisions for
1601	determining the extent of surface waters other than wetlands for
1602	the purposes of regulation under s. 373.414. This methodology
1603	shall not become effective until ratified by the Legislature.
1604	Subsequent to legislative ratification, the wetland definition
1605	in s. 373.019(25) 373.019(22) and the adopted wetland
1606	methodology shall be binding on the department, the water
1607	management districts, local governments, and any other
1608	governmental entities. Upon ratification of such wetland
1609	methodology, the Legislature preempts the authority of any water
1610	management district, state or regional agency, or local
1611	government to define wetlands or develop a delineation
1612	methodology to implement the definition and determines that the
1613	exclusive definition and delineation methodology for wetlands
1614	shall be that established pursuant to s. 373.019(25) 373.019(22)
1615	and this section. Upon such legislative ratification, any
1616	existing wetlands definition or wetland delineation methodology
1617	shall be superseded by the wetland definition and delineation
1618	methodology established pursuant to this chapter. Subsequent to
1619	legislative ratification, a delineation of the extent of a
1620	surface water or wetland by the department or a water management
1621	district, pursuant to a formal determination under subsection
1622	(2), or pursuant to a permit issued under this part in which the
1623	delineation was field-verified by the permitting agency and
1624	specifically approved in the permit, shall be binding on all
1625	other governmental entities for the duration of the formal
1626	determination or permit. All existing rules and methodologies of
1627	the department, the water management districts, and local
1628	governments, regarding surface water or wetland definition and
1629	delineation shall remain in full force and effect until the
1630	common methodology rule becomes effective. However, this shall
1631	not be construed to limit any power of the department, the water
1632	management districts, and local governments to amend or adopt a
1633	surface water or wetland definition or delineation methodology
1634	until the common methodology rule becomes effective.
1635
1636	Reviser's note.--Amended to conform to the
1637	redesignation of subunits within s. 373.019 by s. 1,
1638	ch. 2005-291, Laws of Florida.
1639
1640	Section 42.  Subsection (1) of section 375.075, Florida
1641	Statutes, is amended to read:
1642	375.075  Outdoor recreation; financial assistance to local
1643	governments.--
1644	(1)  The Department of Environmental Protection is
1645	authorized to establish the Florida Recreation Development
1646	Assistance Program to provide grants to qualified local
1647	governmental entities to acquire or develop land for public
1648	outdoor recreation purposes. To the extent not needed for debt
1649	service on bonds issued pursuant to s. 375.051, each year the
1650	department shall develop and plan a program which shall be based
1651	upon funding of not less than 5 percent of the money credited to
1652	the Land Acquisition Trust Fund pursuant to s. 201.15(2) and (3)
1653	in that year. Beginning fiscal year 2001-2002, The department
1654	shall develop and plan a program which shall be based upon the
1655	cumulative total funding provided from this section and from the
1656	Florida Forever Trust Fund pursuant to s. 259.105(3)(d)
1657	259.105(3)(c).
1658
1659	Reviser's note.--Amended to correct a reference and
1660	conform to context and to delete an obsolete date
1661	reference. Section 259.105(3)(c) was amended by s. 11,
1662	ch. 2000-170, Laws of Florida, and language relating
1663	to transfer of funds to the Land Acquisition Trust
1664	Fund for grants pursuant to s. 375.075 was stricken;
1665	material relating to transfer of funds pursuant to s.
1666	375.075 was added by s. 11, ch. 2000-170, at a new s.
1667	259.105(3)(d).
1668
1669	Section 43.  Paragraph (a) of subsection (3) of section
1670	390.01114, Florida Statutes, is amended to read:
1671	390.01114  Parental Notice of Abortion Act.--
1672	(3)  NOTIFICATION REQUIRED.--
1673	(a)  Actual notice shall be provided by the physician
1674	performing or inducing the termination of pregnancy before the
1675	performance or inducement of the termination of the pregnancy of
1676	a minor. The notice may be given by a referring physician. The
1677	physician who performs or induces the termination of pregnancy
1678	must receive the written statement of the referring physician
1679	certifying that the referring physician has given notice. If
1680	actual notice is not possible after a reasonable effort has been
1681	made, the physician performing or inducing the termination of
1682	pregnancy or the referring physician must give constructive
1683	notice. Notice given under this subsection by the physician
1684	performing or inducing the termination of pregnancy must include
1685	the name and address of the facility providing the termination
1686	of pregnancy, and the name of the physician providing notice.
1687	Notice given under this subsection by a referring physician must
1688	include the name and address of the facility where he or she is
1689	referring the minor and the name of the physician providing
1690	notice. If actual notice is provided by telephone, the physician
1691	must actually speak with the parent or guardian, and must record
1692	in the minor's medical file the name of the parent or guardian
1693	provided notice, the phone number dialed, and the date and time
1694	of the call. If constructive notice is given, the physician must
1695	document that notice by placing copies of any document related
1696	to the constructive notice, including, but not limited to, a
1697	copy of the letter and the return receipt, in the minor's
1698	medical file.
1699
1700	Reviser's note.--Amended to improve clarity.
1701
1702	Section 44.  Section 397.405, Florida Statutes, is
1703	reenacted to read:
1704	397.405  Exemptions from licensure.--The following are
1705	exempt from the licensing provisions of this chapter:
1706	(1)  A hospital or hospital-based component licensed under
1707	chapter 395.
1708	(2)  A nursing home facility as defined in s. 400.021.
1709	(3)  A substance abuse education program established
1710	pursuant to s. 1003.42.
1711	(4)  A facility or institution operated by the Federal
1712	Government.
1713	(5)  A physician licensed under chapter 458 or chapter 459.
1714	(6)  A psychologist licensed under chapter 490.
1715	(7)  A social worker, marriage and family therapist, or
1716	mental health counselor licensed under chapter 491.
1717	(8)  An established and legally cognizable church or
1718	nonprofit religious organization or denomination providing
1719	substance abuse services, including prevention services, which
1720	are exclusively religious, spiritual, or ecclesiastical in
1721	nature.  A church or nonprofit religious organization or
1722	denomination providing any of the licensable service components
1723	itemized under s. 397.311(18) is not exempt for purposes of its
1724	provision of such licensable service components but retains its
1725	exemption with respect to all services which are exclusively
1726	religious, spiritual, or ecclesiastical in nature.
1727	(9)  Facilities licensed under s. 393.063 that, in addition
1728	to providing services to persons who are developmentally
1729	disabled as defined therein, also provide services to persons
1730	developmentally at risk as a consequence of exposure to alcohol
1731	or other legal or illegal drugs while in utero.
1732	(10)  DUI education and screening services provided
1733	pursuant to ss. 316.192, 316.193, 322.095, 322.271, and 322.291.
1734	Persons or entities providing treatment services must be
1735	licensed under this chapter unless exempted from licensing as
1736	provided in this section.
1737
1738	The exemptions from licensure in this section do not apply to
1739	any service provider that receives an appropriation, grant, or
1740	contract from the state to operate as a service provider as
1741	defined in this chapter or to any substance abuse program
1742	regulated pursuant to s. 397.406.  Furthermore, this chapter may
1743	not be construed to limit the practice of a physician licensed
1744	under chapter 458 or chapter 459, a psychologist licensed under
1745	chapter 490, or a psychotherapist licensed under chapter 491 who
1746	provides substance abuse treatment, so long as the physician,
1747	psychologist, or psychotherapist does not represent to the
1748	public that he or she is a licensed service provider and does
1749	not provide services to clients pursuant to part V of this
1750	chapter. Failure to comply with any requirement necessary to
1751	maintain an exempt status under this section is a misdemeanor of
1752	the first degree, punishable as provided in s. 775.082 or s.
1753	775.083.
1754
1755	Reviser's note.--Section 4, ch. 2005-55, Laws of
1756	Florida, reenacted subsection (8) without publishing
1757	the flush left language at the end of the section.
1758	Absent affirmative evidence of legislative intent to
1759	repeal the flush left language, it is reenacted here
1760	to confirm that the omission was not intended.
1761
1762	Section 45.  Subsections (3) and (4) of section 402.7305,
1763	Florida Statutes, are amended to read:
1764	402.7305  Department of Children and Family Services;
1765	procurement of contractual services; contract management.--
1766	(3)  CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.--The
1767	Department of Children and Family Services shall review the time
1768	period for which the department executes contracts and shall
1769	execute multiyear contracts to make the most efficient use of
1770	the resources devoted to contract processing and execution.
1771	Whenever the department chooses not to use a multiyear contract,
1772	a justification for that decision must be contained in the
1773	contract. Notwithstanding s. 287.057(15), the department is
1774	responsible for establishing a contract management process that
1775	requires a member of the department's Senior Management or
1776	Selected Select Exempt Service to assign in writing the
1777	responsibility of a contract to a contract manager. The
1778	department shall maintain a set of procedures describing its
1779	contract management process which must minimally include the
1780	following requirements:
1781	(a)  The contract manager shall maintain the official
1782	contract file throughout the duration of the contract and for a
1783	period not less than 6 years after the termination of the
1784	contract.
1785	(b)  The contract manager shall review all invoices for
1786	compliance with the criteria and payment schedule provided for
1787	in the contract and shall approve payment of all invoices before
1788	their transmission to the Department of Financial Services for
1789	payment.
1790	(c)  The contract manager shall maintain a schedule of
1791	payments and total amounts disbursed and shall periodically
1792	reconcile the records with the state's official accounting
1793	records.
1794	(d)  For contracts involving the provision of direct client
1795	services, the contract manager shall periodically visit the
1796	physical location where the services are delivered and speak
1797	directly to clients receiving the services and the staff
1798	responsible for delivering the services.
1799	(e)  The contract manager shall meet at least once a month
1800	directly with the contractor's representative and maintain
1801	records of such meetings.
1802	(f)  The contract manager shall periodically document any
1803	differences between the required performance measures and the
1804	actual performance measures. If a contractor fails to meet and
1805	comply with the performance measures established in the
1806	contract, the department may allow a reasonable period for the
1807	contractor to correct performance deficiencies. If performance
1808	deficiencies are not resolved to the satisfaction of the
1809	department within the prescribed time, and if no extenuating
1810	circumstances can be documented by the contractor to the
1811	department's satisfaction, the department must terminate the
1812	contract. The department may not enter into a new contract with
1813	that same contractor for the services for which the contract was
1814	previously terminated for a period of at least 24 months after
1815	the date of termination. The contract manager shall obtain and
1816	enforce corrective action plans, if appropriate, and maintain
1817	records regarding the completion or failure to complete
1818	corrective action items.
1819	(g)  The contract manager shall document any contract
1820	modifications, which shall include recording any contract
1821	amendments as provided for in this section.
1822	(h)  The contract manager shall be properly trained before
1823	being assigned responsibility for any contract.
1824	(4)  CONTRACT MONITORING REQUIREMENTS AND PROCESS.--The
1825	department shall establish contract monitoring units staffed by
1826	career service employees who report to a member of the Selected
1827	Select Exempt Service or Senior Management Service and who have
1828	been properly trained to perform contract monitoring, with at
1829	least one member of the contract monitoring unit possessing
1830	specific knowledge and experience in the contract's program
1831	area. The department shall establish a contract monitoring
1832	process that must include, but need not be limited to, the
1833	following requirements:
1834	(a)  Performing a risk assessment at the start of each
1835	fiscal year and preparing an annual contract monitoring schedule
1836	that includes consideration for the level of risk assigned. The
1837	department may monitor any contract at any time regardless of
1838	whether such monitoring was originally included in the annual
1839	contract monitoring schedule.
1840	(b)  Preparing a contract monitoring plan, including
1841	sampling procedures, before performing onsite monitoring at
1842	external locations of a service provider. The plan must include
1843	a description of the programmatic, fiscal, and administrative
1844	components that will be monitored on site. If appropriate,
1845	clinical and therapeutic components may be included.
1846	(c)  Conducting analyses of the performance and compliance
1847	of an external service provider by means of desk reviews if the
1848	external service provider will not be monitored on site during a
1849	fiscal year.
1850	(d)  Unless the department sets forth in writing the need
1851	for an extension, providing a written report presenting the
1852	results of the monitoring within 30 days after the completion of
1853	the onsite monitoring or desk review.
1854	(e)  Developing and maintaining a set of procedures
1855	describing the contract monitoring process.
1856
1857	Reviser's note.--Amended to conform to the
1858	substitution by the editors of the word "Selected" for
1859	the word "Select" to conform to the title of the
1860	Selected Exempt Service as referenced in part V of
1861	chapter 110, which created it.
1862
1863	Section 46.  Paragraphs (r) and (u) of subsection (2) of
1864	section 403.813, Florida Statutes, are amended to read:
1865	403.813  Permits issued at district centers; exceptions.--
1866	(2)  A permit is not required under this chapter, chapter
1867	373, chapter 61-691, Laws of Florida, or chapter 25214 or
1868	chapter 25270, 1949, Laws of Florida, for activities associated
1869	with the following types of projects; however, except as
1870	otherwise provided in this subsection, nothing in this
1871	subsection relieves an applicant from any requirement to obtain
1872	permission to use or occupy lands owned by the Board of Trustees
1873	of the Internal Improvement Trust Fund or any water management
1874	district in its governmental or proprietary capacity or from
1875	complying with applicable local pollution control programs
1876	authorized under this chapter or other requirements of county
1877	and municipal governments:
1878	(r)  The removal of aquatic plants, the removal of
1879	tussocks, the associated replanting of indigenous aquatic
1880	plants, and the associated removal from lakes of organic
1881	detrital material when such planting or removal is performed and
1882	authorized by permit or exemption granted under s. 369.20 or s.
1883	369.25, provided that:
1884	1.  Organic detrital material that exists on the surface of
1885	natural mineral substrate shall be allowed to be removed to a
1886	depth of 3 feet or to the natural mineral substrate, whichever
1887	is less;
1888	2.  All material removed pursuant to this paragraph shall
1889	be deposited in an upland site in a manner that will prevent the
1890	reintroduction of the material into waters in the state except
1891	when spoil material is permitted to be used to create wildlife
1892	islands in freshwater bodies of the state when a governmental
1893	entity is permitted pursuant to s. 369.20 to create such islands
1894	as a part of a restoration or enhancement project;
1895	3.  All activities are performed in a manner consistent
1896	with state water quality standards; and
1897	4.  No activities under this exemption are conducted in
1898	wetland areas, as defined by s. 373.019(25) 373.019(22), which
1899	are supported by a natural soil as shown in applicable United
1900	States Department of Agriculture county soil surveys, except
1901	when a governmental entity is permitted pursuant to s. 369.20 to
1902	conduct such activities as a part of a restoration or
1903	enhancement project.
1904
1905	The department may not adopt implementing rules for this
1906	paragraph, notwithstanding any other provision of law.
1907	(u)  Notwithstanding any provision to the contrary in this
1908	subsection, a permit or other authorization under chapter 253,
1909	chapter 369, chapter 373, or this chapter is not required for an
1910	individual residential property owner for the removal of organic
1911	detrital material from freshwater rivers or lakes that have a
1912	natural sand or rocky substrate and that are not Aquatic
1913	Preserves or for the associated removal and replanting of
1914	aquatic vegetation for the purpose of environmental enhancement,
1915	providing that:
1916	1.  No activities under this exemption are conducted in
1917	wetland areas, as defined by s. 373.019(25) 373.019(22), which
1918	are supported by a natural soil as shown in applicable United
1919	States Department of Agriculture county soil surveys.
1920	2.  No filling or peat mining is allowed.
1921	3.  No removal of native wetland trees, including, but not
1922	limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
1923	4.  When removing organic detrital material, no portion of
1924	the underlying natural mineral substrate or rocky substrate is
1925	removed.
1926	5.  Organic detrital material and plant material removed is
1927	deposited in an upland site in a manner that will not cause
1928	water quality violations.
1929	6.  All activities are conducted in such a manner, and with
1930	appropriate turbidity controls, so as to prevent any water
1931	quality violations outside the immediate work area.
1932	7.  Replanting with a variety of aquatic plants native to
1933	the state shall occur in a minimum of 25 percent of the
1934	preexisting vegetated areas where organic detrital material is
1935	removed, except for areas where the material is removed to bare
1936	rocky substrate; however, an area may be maintained clear of
1937	vegetation as an access corridor. The access corridor width may
1938	not exceed 50 percent of the property owner's frontage or 50
1939	feet, whichever is less, and may be a sufficient length
1940	waterward to create a corridor to allow access for a boat or
1941	swimmer to reach open water. Replanting must be at a minimum
1942	density of 2 feet on center and be completed within 90 days
1943	after removal of existing aquatic vegetation, except that under
1944	dewatered conditions replanting must be completed within 90 days
1945	after reflooding. The area to be replanted must extend waterward
1946	from the ordinary high water line to a point where normal water
1947	depth would be 3 feet or the preexisting vegetation line,
1948	whichever is less. Individuals are required to make a reasonable
1949	effort to maintain planting density for a period of 6 months
1950	after replanting is complete, and the plants, including
1951	naturally recruited native aquatic plants, must be allowed to
1952	expand and fill in the revegetation area. Native aquatic plants
1953	to be used for revegetation must be salvaged from the
1954	enhancement project site or obtained from an aquatic plant
1955	nursery regulated by the Department of Agriculture and Consumer
1956	Services. Plants that are not native to the state may not be
1957	used for replanting.
1958	8.  No activity occurs any farther than 100 feet waterward
1959	of the ordinary high water line, and all activities must be
1960	designed and conducted in a manner that will not unreasonably
1961	restrict or infringe upon the riparian rights of adjacent upland
1962	riparian owners.
1963	9.  The person seeking this exemption notifies the
1964	applicable department district office in writing at least 30
1965	days before commencing work and allows the department to conduct
1966	a preconstruction site inspection. Notice must include an
1967	organic-detrital-material removal and disposal plan and, if
1968	applicable, a vegetation-removal and revegetation plan.
1969	10.  The department is provided written certification of
1970	compliance with the terms and conditions of this paragraph
1971	within 30 days after completion of any activity occurring under
1972	this exemption.
1973
1974	Reviser's note.--Amended to conform to the
1975	redesignation of subunits within s. 373.019 by s. 1,
1976	ch. 2005-291, Laws of Florida.
1977
1978	Section 47.  Subsection (5) of section 404.056, Florida
1979	Statutes, is amended to read:
1980	404.056  Environmental radiation standards and projects;
1981	certification of persons performing measurement or mitigation
1982	services; mandatory testing; notification on real estate
1983	documents; rules.--
1984	(5)  NOTIFICATION ON REAL ESTATE DOCUMENTS.--Notification
1985	shall be provided on at least one document, form, or application
1986	executed at the time of, or prior to, contract for sale and
1987	purchase of any building or execution of a rental agreement for
1988	any building. Such notification shall contain the following
1989	language:
1990
1991	"RADON GAS: Radon is a naturally occurring radioactive gas
1992	that, when it has accumulated in a building in sufficient
1993	quantities, may present health risks to persons who are exposed
1994	to it over time.  Levels of radon that exceed federal and state
1995	guidelines have been found in buildings in Florida. Additional
1996	information regarding radon and radon testing may be obtained
1997	from your county health department."
1998
1999	The requirements of this subsection do not apply to any
2000	residential transient occupancy, as described in s. 509.013(12)
2001	509.013(11), provided that such occupancy is 45 days or less in
2002	duration.
2003
2004	Reviser's note.--Amended to conform to the
2005	redesignation of s. 509.013(11) as s. 509.013(12) by
2006	s. 7, ch. 2004-292, Laws of Florida.
2007
2008	Section 48.  Paragraph (b) of subsection (2) of section
2009	406.11, Florida Statutes, is amended to read:
2010	406.11  Examinations, investigations, and autopsies.--
2011	(2)
2012	(b)  The Medical Examiners Commission shall adopt rules,
2013	pursuant to chapter 120, providing for the notification of the
2014	next of kin that an investigation by the medical examiner's
2015	office is being conducted. A medical examiner may not retain or
2016	furnish any body part of the deceased for research or any other
2017	purpose which is not in conjunction with a determination of the
2018	identification of or cause or manner of death of the deceased or
2019	the presence of disease or which is not otherwise authorized by
2020	this chapter, part V X of chapter 765 732, or chapter 873,
2021	without notification of and approval by the next of kin.
2022
2023	Reviser's note.--Amended to conform to the transfer of
2024	material in former part X of chapter 732 to part V of
2025	chapter 765 pursuant to ch. 2001-226, Laws of Florida.
2026
2027	Section 49.  Paragraph (f) of subsection (3) of section
2028	409.165, Florida Statutes, is amended to read:
2029	409.165  Alternate care for children.--
2030	(3)  With the written consent of parents, custodians, or
2031	guardians, or in accordance with those provisions in chapter 39
2032	that relate to dependent children, the department, under rules
2033	properly adopted, may place a child:
2034	(f)  In a subsidized independent living situation, subject
2035	to the provisions of s. 409.1451(4)(c) 409.1451(3)(c),
2036
2037	under such conditions as are determined to be for the best
2038	interests or the welfare of the child. Any child placed in an
2039	institution or in a family home by the department or its agency
2040	may be removed by the department or its agency, and such other
2041	disposition may be made as is for the best interest of the
2042	child, including transfer of the child to another institution,
2043	another home, or the home of the child. Expenditure of funds
2044	appropriated for out-of-home care can be used to meet the needs
2045	of a child in the child's own home or the home of a relative if
2046	the child can be safely served in the child's own home or that
2047	of a relative if placement can be avoided by the expenditure of
2048	such funds, and if the expenditure of such funds in this manner
2049	is calculated by the department to be a potential cost savings.
2050
2051	Reviser's note.--Amended to conform to the
2052	redesignation of subunits within s. 409.1451 by s. 1,
2053	ch. 2004-362, Laws of Florida.
2054
2055	Section 50.  Subsection (9) of section 409.814, Florida
2056	Statutes, is amended to read:
2057	409.814  Eligibility.--A child who has not reached 19 years
2058	of age whose family income is equal to or below 200 percent of
2059	the federal poverty level is eligible for the Florida KidCare
2060	program as provided in this section. For enrollment in the
2061	Children's Medical Services Network, a complete application
2062	includes the medical or behavioral health screening. If,
2063	subsequently, an individual is determined to be ineligible for
2064	coverage, he or she must immediately be disenrolled from the
2065	respective Florida KidCare program component.
2066	(9)  Subject to paragraph (4)(b) and s. 624.91(4)
2067	624.91(3), the Florida KidCare program shall withhold benefits
2068	from an enrollee if the program obtains evidence that the
2069	enrollee is no longer eligible, submitted incorrect or
2070	fraudulent information in order to establish eligibility, or
2071	failed to provide verification of eligibility. The applicant or
2072	enrollee shall be notified that because of such evidence program
2073	benefits will be withheld unless the applicant or enrollee
2074	contacts a designated representative of the program by a
2075	specified date, which must be within 10 days after the date of
2076	notice, to discuss and resolve the matter. The program shall
2077	make every effort to resolve the matter within a timeframe that
2078	will not cause benefits to be withheld from an eligible
2079	enrollee.
2080
2081	Reviser's note.--Amended to conform to the
2082	redesignation of subunits within s. 624.91 by s. 6,
2083	ch. 2004-1, Laws of Florida.
2084
2085	Section 51.  Subsections (1) and (2) of section 409.91196,
2086	Florida Statutes, are amended to read:
2087	409.91196  Supplemental rebate agreements; confidentiality
2088	of records and meetings.--
2089	(1)  Trade secrets, rebate amount, percent of rebate,
2090	manufacturer's pricing, and supplemental rebates which are
2091	contained in records of the Agency for Health Care
2092	Administration and its agents with respect to supplemental
2093	rebate negotiations and which are prepared pursuant to a
2094	supplemental rebate agreement under s. 409.912(39)(a)7.
2095	409.912(40)(a)7. are confidential and exempt from s. 119.07 and
2096	s. 24(a), Art. I of the State Constitution.
2097	(2)  Those portions of meetings of the Medicaid
2098	Pharmaceutical and Therapeutics Committee at which trade
2099	secrets, rebate amount, percent of rebate, manufacturer's
2100	pricing, and supplemental rebates are disclosed for discussion
2101	or negotiation of a supplemental rebate agreement under s.
2102	409.912(39)(a)7. 409.912(40)(a)7. are exempt from s. 286.011 and
2103	s. 24(b), Art. I of the State Constitution.
2104
2105	Reviser's note.--Amended to conform to the repeal of
2106	former s. 409.912(38) by s. 55, ch. 2004-5, Laws of
2107	Florida, and the redesignation of subunits by the
2108	reviser necessitated by that repeal.
2109
2110	Section 52.  Subsection (11) of section 440.05, Florida
2111	Statutes, is amended to read:
2112	440.05  Election of exemption; revocation of election;
2113	notice; certification.--
2114	(11)  Any corporate officer permitted by this chapter to
2115	claim an exemption must be listed on the records of this state's
2116	Secretary of State, Division of Corporations, as a corporate
2117	officer. The department shall issue a stop-work order under s.
2118	440.107(7) 440.107(1) to any corporation who employs a person
2119	who claims to be exempt as a corporate officer but who fails or
2120	refuses to produce the documents required under this subsection
2121	to the department within 3 business days after the request is
2122	made.
2123
2124	Reviser's note.--Amended to correct a reference and
2125	conform to context. Section 440.107(1) contains
2126	legislative findings; s. 440.107(7) relates to stop-
2127	work orders.
2128
2129	Section 53.  Paragraph (c) of subsection (3) of section
2130	443.121, Florida Statutes, is amended to read:
2131	443.121  Employing units affected.--
2132	(3)  ELECTIVE COVERAGE.--
2133	(c)  Certain services for political subdivisions.--
2134	1.  Any political subdivision of this state may elect to
2135	cover under this chapter, for at least 1 calendar year, service
2136	performed by employees in all of the hospitals and institutions
2137	of higher education operated by the political subdivision.
2138	Election must be made by filing with the tax collection service
2139	provider a notice of election at least 30 days before the
2140	effective date of the election.  The election may exclude any
2141	services described in s. 443.1216(4).  Any political subdivision
2142	electing coverage under this paragraph must be a reimbursing
2143	employer and make reimbursements in lieu of contributions for
2144	benefits attributable to this employment, provided for nonprofit
2145	organizations in s. 443.1312(3) and (5).
2146	2.  The provisions of s. 443.091(3) 443.091(4) relating to
2147	benefit rights based on service for nonprofit organizations and
2148	state hospitals and institutions of higher education also apply
2149	to service covered by an election under this section.
2150	3.  The amounts required to be reimbursed in lieu of
2151	contributions by any political subdivision under this paragraph
2152	shall be billed, and payment made, as provided in s. 443.1312(3)
2153	for similar reimbursements by nonprofit organizations.
2154	4.  An election under this paragraph may be terminated
2155	after at least 1 calendar year of coverage by filing with the
2156	tax collection service provider written notice not later than 30
2157	days before the last day of the calendar year in which the
2158	termination is to be effective. The termination takes effect on
2159	January 1 of the next ensuing calendar year for services
2160	performed after that date.
2161
2162	Reviser's note.--Amended to correct a long-standing
2163	cross-reference error. Section 443.091(4) relates to
2164	invocation of federal measures regarding unemployment
2165	compensation in the event of a national emergency;
2166	benefits for services are covered in s. 443.091(3).
2167	See ss. 5 and 7, ch. 71-225, Laws of Florida, for the
2168	intended reference.
2169
2170	Section 54.  Subsection (9) of section 445.009, Florida
2171	Statutes, is amended to read:
2172	445.009  One-stop delivery system.--
2173	(9)(a)  Workforce Florida, Inc., working with the Agency
2174	for Workforce Innovation, shall coordinate among the agencies a
2175	plan for a One-Stop Electronic Network made up of one-stop
2176	delivery system centers and other partner agencies that are
2177	operated by authorized public or private for-profit or not-for-
2178	profit agents. The plan shall identify resources within existing
2179	revenues to establish and support this electronic network for
2180	service delivery that includes Government Services Direct. If
2181	necessary, the plan shall identify additional funding needed to
2182	achieve the provisions of this subsection.
2183	(b)  The network shall assure that a uniform method is used
2184	to determine eligibility for and management of services provided
2185	by agencies that conduct workforce development activities.  The
2186	Department of Management Services shall develop strategies to
2187	allow access to the databases and information management systems
2188	of the following systems in order to link information in those
2189	databases with the one-stop delivery system:
2190	1.  The Unemployment Compensation Program of the Agency for
2191	Workforce Innovation.
2192	2.  The public employment service described in s. 443.181.
2193	3.  The FLORIDA System and the components related to WAGES,
2194	food stamps, and Medicaid eligibility.
2195	4.  The Student Financial Assistance System of the
2196	Department of Education.
2197	5.  Enrollment in the public postsecondary education
2198	system.
2199	6.  Other information systems determined appropriate by
2200	Workforce Florida, Inc.
2201
2202	The systems shall be fully coordinated at both the state and
2203	local levels by July 1, 2001.
2204
2205	Reviser's note.--Amended to delete a provision
2206	requiring that certain information systems relating to
2207	one-stop delivery of workforce services be fully
2208	coordinated by July 1, 2001.
2209
2210	Section 55.  Paragraph (a) of subsection (2) of section
2211	466.004, Florida Statutes, is amended to read:
2212	466.004  Board of Dentistry.--
2213	(2)  To advise the board, it is the intent of the
2214	Legislature that councils be appointed as specified in
2215	paragraphs (a), (b), and (c).  The department shall provide
2216	administrative support to the councils and shall provide public
2217	notice of meetings and agenda of the councils. Councils shall
2218	include at least one board member who shall chair the council
2219	and shall include nonboard members. All council members shall be
2220	appointed by the board chair.  Council members shall be
2221	appointed for 4-year terms, and all members shall be eligible
2222	for reimbursement of expenses in the manner of board members.
2223	(a)  A Council on Dental Hygiene shall be appointed by the
2224	board chair and shall include one dental hygienist member of the
2225	board, who shall chair the council, one dental member of the
2226	board, and three dental hygienists who are actively engaged in
2227	the practice of dental hygiene in this state. In making the
2228	appointments, the chair shall consider recommendations from the
2229	Florida Dental Hygiene Hygienist  Association. The council shall
2230	meet at the request of the board chair, a majority of the
2231	members of the board, or the council chair; however, the council
2232	must meet at least three times a year. The council is charged
2233	with the responsibility of and shall meet for the purpose of
2234	developing rules and policies for recommendation to the board,
2235	which the board shall consider, on matters pertaining to that
2236	part of dentistry consisting of educational, preventive, or
2237	therapeutic dental hygiene services; dental hygiene licensure,
2238	discipline, or regulation; and dental hygiene education. Rule
2239	and policy recommendations of the council shall be considered by
2240	the board at its next regularly scheduled meeting in the same
2241	manner in which it considers rule and policy recommendations
2242	from designated subcommittees of the board. Any rule or policy
2243	proposed by the board pertaining to the specified part of
2244	dentistry defined by this subsection shall be referred to the
2245	council for a recommendation before final action by the board.
2246	The board may take final action on rules pertaining to the
2247	specified part of dentistry defined by this subsection without a
2248	council recommendation if the council fails to submit a
2249	recommendation in a timely fashion as prescribed by the board.
2250
2251	Reviser's note.--Amended to confirm the substitution
2252	by the editors of the word "Hygiene" for the word
2253	"Hygienists" to conform to the proper name of the
2254	Florida Dental Hygiene Association.
2255
2256	Section 56.  Subsection (3) of section 475.713, Florida
2257	Statutes, is amended to read:
2258	475.713  Civil action concerning commission; order to show
2259	cause; hearing; release of proceeds; award of costs and
2260	attorney's fees.--
2261	(3)  The court shall issue an order releasing the broker's
2262	claim of lien against the owner's net proceeds from such
2263	disposition, discharging any commission notice that may be have
2264	been recorded, ordering the release to the owner of the disputed
2265	reserved proceeds, and awarding costs and reasonable attorney's
2266	fees to the owner to be paid by the broker if, following a
2267	hearing, the court determines that the owner is not a party to a
2268	brokerage agreement that will result in the owner being
2269	obligated to pay the broker the claimed commission or any
2270	portion thereof with respect to the disposition of the
2271	commercial real estate identified in the commission notice. If
2272	the court determines that the owner is a party to a brokerage
2273	agreement that will result in the owner being obligated to pay
2274	the broker the claimed commission or any portion thereof with
2275	respect to the disposition of the commercial real estate
2276	identified in the commission notice, the court shall issue an
2277	order so stating, ordering the release to the broker of the
2278	disputed reserved proceeds or such portion thereof to which the
2279	court determines that the broker is entitled, and awarding costs
2280	and reasonable attorney's fees to the broker to be paid by the
2281	owner. Such orders are final judgments.
2282
2283	Reviser's note.--Amended to confirm the deletion by
2284	the editors of the word "be" following the word "may"
2285	to improve clarity.
2286
2287	Section 57.  Subsection (8) of section 475.801, Florida
2288	Statutes, is amended to read:
2289	475.801  Definitions.--As used in this part:
2290	(8)  "Lien notice" means the written notice of lien made by
2291	a broker claiming a commission under s. 475.805 745.805.
2292
2293	Reviser's note.--Amended to correct a reference to
2294	nonexistent s. 745.805; s. 475.805 relates to the
2295	contents of lien notices.
2296
2297	Section 58.  Subsection (2) of section 475.805, Florida
2298	Statutes, is amended to read:
2299	475.805  Contents of lien notice.--
2300	(2)  A lien notice in substantially the following form
2301	shall be sufficient for purposes of subsection (1):
2302	BROKER'S COMMISSION LIEN NOTICE
2303
2304	UNDER FLORIDA COMMERCIAL REAL ESTATE
2305	LEASING COMMISSION LIEN ACT
2306
2307	Notice is hereby given, pursuant to the Florida Commercial Real
2308	Estate Leasing Commission Lien Act, part IV of chapter 475,
2309	Florida Statutes (the "act"), that the undersigned real estate
2310	broker is entitled to receive a leasing commission from the
2311	owner named below pursuant to the terms of a written brokerage
2312	commission agreement regarding a lease of the commercial real
2313	estate described below, and the undersigned broker claims a lien
2314	under the act against the owner's interest in the commercial
2315	real estate in the amount set forth below.
2316
2317	1.  Name of the owner who is obligated to pay the commission:
2318	_______________________________________________________________
2319
2320
2321	2.  (Check one:) The owner obligated to pay the commission is:
2322	[  ] the landlord under the lease.
2323	[  ] the tenant under the lease.
2324
2325	3.  Name of the person owning owing the fee simple interest in
2326	the commercial real estate, if other than the owner who is
2327	obligated to pay the commission:
2328	_______________________________________________________________
2329
2330
2331	4.  Legal description of the commercial real estate:
2332	_______________________________________________________________
2333
2334
2335	5.  Name, mailing address, telephone number, and Florida broker
2336	license number of the undersigned broker:
2337
2338
2339	_______________________________________________________________
2340
2341
2342
2343	_______________________________________________________________
2344
2345
2346
2347	_______________________________________________________________
2348
2349
2350	6.  Effective date of the written brokerage commission agreement
2351	between the owner and the broker under which the commission is
2352	or will be payable: ________________, ________________.
2353
2354	7.  Amount of commission claimed by the undersigned broker:
2355	$____________________, or ____________________ percent of
2356	rents payable under lease, or
2357
2358	[specify other formula for determination of commission amount]:
2359	____________________________________.
2360
2361	8.  The lease for which the commission is claimed is described
2362	as follows [provide all information known to the broker]:
2363	Name of landlord: ________________
2364	Name of tenant: ________________
2365	Date of lease: ____________________,
2366	Leased premises: ________________
2367
2368	9.  Automatic renewal commissions (check yes or no): Is the
2369	undersigned broker claiming a commission that may become payable
2370	if the lease is later renewed or modified to expand the leased
2371	premises or to extend the lease term, but the written brokerage
2372	commission agreement does not expressly require the broker to
2373	perform any additional services in order to receive this later
2374	commission?
2375	[  ] Yes
2376	[  ] No
2377
2378	If yes, specify the amount of such later commission or the
2379	formula for computing the later commission:
2380	_______________________________________________________________
2381
2382
2383	10.  The expiration date of this lien notice is 2 years after
2384	the date of recording, unless the answer to paragraph 9 is yes,
2385	in which case the expiration date of this lien notice for the
2386	commission described in paragraph 9 is 10 years after the date
2387	of recording.
2388
2389	11.  The undersigned broker, under penalty of perjury, hereby
2390	swears or affirms that the undersigned broker has read this lien
2391	notice, knows its contents and believes the same to be true and
2392	correct, and that the undersigned broker is making this
2393	commission claim pursuant to the written brokerage commission
2394	agreement described in this lien notice.
2395	Signed:   (broker)
2396
2397
2398	Signed and sworn to or affirmed under penalty of perjury before
2399	me, a notary public, this ________ day of ____________________,
2400	________________, by ________________.
2401	Signed:   (notary public)
2402
2403
2404	Reviser's note.--Amended to conform to context.
2405
2406	Section 59.  Paragraph (a) of subsection (9) of section
2407	497.458, Florida Statutes, is amended to read:
2408	497.458  Disposition of proceeds received on contracts.--
2409	(9)  The amounts required to be placed in trust by this
2410	section for contracts previously entered into shall be as
2411	follows:
2412	(a)  For contracts entered into before October 1, 1993, the
2413	trust amounts as amended by s. 6, chapter 83-316 83-816, Laws of
2414	Florida, shall apply.
2415
2416	Reviser's note.--Amended to correct a reference to s.
2417	6, ch. 83-816, Laws of Florida. Chapter 83-816 does
2418	not exist; s. 6, ch. 83-316, Laws of Florida, amended
2419	the material currently in s. 497.458.
2420
2421	Section 60.  Paragraph (b) of subsection (6) of section
2422	497.459, Florida Statutes, is amended to read:
2423	497.459  Cancellation of, or default on, preneed
2424	contracts.--
2425	(6)  OTHER PROVISIONS.--
2426	(b)  The amounts required to be refunded by this section
2427	for contracts previously entered into shall be as follows:
2428	1.  For contracts entered into before October 1, 1993, the
2429	refund amounts as amended by s. 7, chapter 83-316 83-816, Laws
2430	of Florida, shall apply.
2431	2.  For contracts entered into on or after October 1, 1993,
2432	the refund amounts as amended by s. 99, chapter 93-399, Laws of
2433	Florida, shall apply.
2434
2435	Reviser's note.--Amended to correct a reference to s.
2436	7, ch. 83-816, Laws of Florida. Chapter 83-816 does
2437	not exist; s. 7, ch. 83-316, Laws of Florida, amended
2438	the material currently in s. 497.459.
2439
2440	Section 61.  Subsection (3) of section 499.024, Florida
2441	Statutes, is amended to read:
2442	499.024  Drug product classification.--The secretary shall
2443	adopt rules to classify drug products intended for use by humans
2444	which the United States Food and Drug Administration has not
2445	classified in the federal act or the Code of Federal
2446	Regulations.
2447	(3)  Any product that falls under the drug definition, s.
2448	499.003(17) 499.003(12), may be classified under the authority
2449	of this section.  This section does not subject portable
2450	emergency oxygen inhalators to classification; however, this
2451	section does not exempt any person from ss. 499.01 and 499.015.
2452
2453	Reviser's note.--Amended to conform to the
2454	redesignation of s. 499.003(12), defining the term
2455	"drug," as s. 499.003(17) by s. 3, ch. 2003-155, Laws
2456	of Florida.
2457
2458	Section 62.  Subsection (20) of section 517.12, Florida
2459	Statutes, is amended to read:
2460	517.12  Registration of dealers, associated persons,
2461	investment advisers, and branch offices.--
2462	(20)  The registration requirements of this section do not
2463	apply to any general lines insurance agent or life insurance
2464	agent licensed under chapter 626, for the sale of a security as
2465	defined in s. 517.021(21)(g) 517.021(20)(g), if the individual
2466	is directly authorized by the issuer to offer or sell the
2467	security on behalf of the issuer and the issuer is a federally
2468	chartered savings bank subject to regulation by the Federal
2469	Deposit Insurance Corporation. Actions under this subsection
2470	shall constitute activity under the insurance agent's license
2471	for purposes of ss. 626.611 and 626.621.
2472
2473	Reviser's note.--Amended to correct a reference and
2474	conform to context. Section 517.021(20) is not divided
2475	into paragraphs; s. 517.021(21)(g) lists certificates
2476	of deposit within the definition of the word
2477	"security." The reference in s. 517.12, originally to
2478	s. 517.021(19)(g), was added by s. 12, ch. 2002-404,
2479	Laws of Florida; the cited material there is now in s.
2480	517.021(21)(g).
2481
2482	Section 63.  Subsection (1) of section 553.792, Florida
2483	Statutes, is amended to read:
2484	553.792  Building permit application to local government.--
2485	(1)  Within 10 days of an applicant submitting an
2486	application to the local government, the local government shall
2487	advise the applicant what information, if any, is needed to deem
2488	the application properly completed in compliance with the filing
2489	requirements published by the local government. If the local
2490	government does not provide written notice that the applicant
2491	has not submitted the properly completed application, the
2492	application shall be automatically deemed properly completed and
2493	accepted. Within 45 days after receiving a completed
2494	application, a local government must notify an applicant if
2495	additional information is required for the local government to
2496	determine the sufficiency of the application, and shall specify
2497	the additional information that is required. The applicant must
2498	submit the additional information to the local government or
2499	request that the local government act without the additional
2500	information. While the applicant responds to the request for
2501	additional information, the 120-day period described in this
2502	subsection (2) is tolled.  Both parties may agree to a
2503	reasonable request for an extension of time, particularly in the
2504	event of a force major or other extraordinary circumstance. The
2505	local government must approve, approve with conditions, or deny
2506	the application within 120 days following receipt of a completed
2507	application.
2508
2509	Reviser's note.--Amended to correct a reference and
2510	improve clarity. Section 553.792(2) does not reference
2511	a 120-day period for action on an application;
2512	subsection (1) does require local government action on
2513	an application within 120 days following receipt of a
2514	completed application.
2515
2516	Section 64.  Paragraph (a) of subsection (7) of section
2517	553.80, Florida Statutes, is amended to read:
2518	553.80  Enforcement.--
2519	(7)  The governing bodies of local governments may provide
2520	a schedule of reasonable fees, as authorized by s. 125.56(2) or
2521	s. 166.222 and this section, for enforcing this part. These
2522	fees, and any fines or investment earnings related to the fees,
2523	shall be used solely for carrying out the local government's
2524	responsibilities in enforcing the Florida Building Code. When
2525	providing a schedule of reasonable fees, the total estimated
2526	annual revenue derived from fees, and the fines and investment
2527	earnings related to the fees, may not exceed the total estimated
2528	annual costs of allowable activities. Any unexpended balances
2529	shall be carried forward to future years for allowable
2530	activities or shall be refunded at the discretion of the local
2531	government. The basis for a fee structure for allowable
2532	activities shall relate to the level of service provided by the
2533	local government. Fees charged shall be consistently applied.
2534	(a)  As used in this subsection, the phrase "enforcing the
2535	Florida Building Code" includes the direct costs and reasonable
2536	indirect costs associated with review of building plans,
2537	building inspections, reinspections, and building permit
2538	processing; building code enforcement; and fire inspections
2539	associated with new construction. The phrase may also include
2540	training costs associated with the enforcement of the Florida
2541	Building Code and enforcement action pertaining to unlicensed
2542	contractor activity to the extent not funded by other user fees.
2543
2544	Reviser's note.--Amended to confirm the insertion by
2545	the editors of the word "and" following the word
2546	"reinspections" to improve clarity.
2547
2548	Section 65.  Subsections (3) and (4) of section 553.842,
2549	Florida Statutes, are amended to read:
2550	553.842  Product evaluation and approval.--
2551	(3)  Products or methods or systems of construction that
2552	require approval under s. 553.77, that have standardized testing
2553	or comparative or rational analysis methods established by the
2554	code, and that are certified by an approved product evaluation
2555	entity, testing laboratory, or certification agency as complying
2556	with the standards specified by the code shall be approved for
2557	statewide use. Products required to be approved for statewide
2558	use shall be approved by one of the methods established in
2559	subsection (5) (6) without further evaluation.
2560	(4)  Products or methods or systems of construction
2561	requiring approval under s. 553.77 must be approved by one of
2562	the methods established in subsection (5) or subsection (6)
2563	before their use in construction in this state. Products may be
2564	approved by the commission for statewide use. Notwithstanding a
2565	local government's authority to amend the Florida Building Code
2566	as provided in this act, statewide approval shall preclude local
2567	jurisdictions from requiring further testing, evaluation, or
2568	submission of other evidence as a condition of using the product
2569	so long as the product is being used consistent with the
2570	conditions of its approval.
2571
2572	Reviser's note.--Amended to conform to the deletion of
2573	former s. 553.842(5) and the consequent redesignation
2574	of subsection (6) as subsection (5) by s. 16, ch.
2575	2005-147, Laws of Florida.
2576
2577	Section 66.  Paragraph (f) of subsection (1) of section
2578	553.8425, Florida Statutes, is amended to read:
2579	553.8425  Local product approval.--
2580	(1)  For local product approval, products or systems of
2581	construction shall demonstrate compliance with the structural
2582	windload requirements of the Florida Building Code through one
2583	of the following methods:
2584	(f)  Designation of compliance with a prescriptive,
2585	material standard adopted by the commission by rule under s.
2586	553.842(15) 553.842(16).
2587
2588	Reviser's note.--Amended to conform to the location of
2589	material relating to adoption of a rule listing
2590	prescriptive material standards in s. 553.842(15); s.
2591	553.842(16) does not exist.
2592
2593	Section 67.  Subsection (6) of section 556.102, Florida
2594	Statutes, is amended to read:
2595	556.102  Definitions.--As used in this act:
2596	(6)  "Excavate" or "excavation" means any manmade cut,
2597	cavity, trench, or depression in the earth's surface, formed by
2598	removal of earth, intended to change the grade or level of land,
2599	or intended to penetrate or disturb the surface of the earth,
2600	including land beneath the waters of the state, as defined in s.
2601	373.019(20) 373.019(17), and the term includes pipe bursting and
2602	directional drilling or boring from one point to another point
2603	beneath the surface of the earth, or other trenchless
2604	technologies.
2605
2606	Reviser's note.--Amended to conform to the
2607	redesignation of s. 373.019(17), defining "water" or
2608	"waters of the state," as s. 373.019(20) by s. 1, ch.
2609	2005-291, Laws of Florida.
2610
2611	Section 68.  Paragraph (c) of subsection (2) of section
2612	570.076, Florida Statutes, is amended to read:
2613	570.076  Environmental Stewardship Certification
2614	Program.--The department may, by rule, establish the
2615	Environmental Stewardship Certification Program consistent with
2616	this section. A rule adopted under this section must be
2617	developed in consultation with state universities, agricultural
2618	organizations, and other interested parties.
2619	(2)  The department shall provide an agricultural
2620	certification under this program for implementation of one or
2621	more of the following criteria:
2622	(c)  Best management practices adopted by rule pursuant to
2623	s. 403.067(7)(c) 403.067(7)(d) or s. 570.085(2).
2624
2625	Reviser's note.--Amended to conform a reference to the
2626	location of material relating to best management
2627	practices in s. 403.067(7)(c); s. 403.067(7)(d) was
2628	amended and merged into paragraph (c) by s. 6, ch.
2629	2005-166, Laws of Florida, and s. 13, ch. 2005-291,
2630	Laws of Florida.
2631
2632	Section 69.  Paragraph (a) of subsection (1) of section
2633	608.4355, Florida Statutes, is amended to read:
2634	608.4355  Notice of intent to demand payment.--
2635	(1)  If a proposed appraisal event is submitted to a vote
2636	at a members' meeting, or is submitted to a member pursuant to a
2637	consent vote, a member who is entitled to and who wishes to
2638	assert appraisal rights with respect to any class or series of
2639	membership interests:
2640	(a)  Must deliver to a manager or managing member of the
2641	limited liability company before the vote is taken, or within 20
2642	days after receiving the notice pursuant to s. 608.4354(3)
2643	608.4353(3) if action is to be taken without a member meeting,
2644	written notice of such person's intent to demand payment if the
2645	proposed appraisal event is effectuated.
2646
2647	Reviser's note.--Amended to conform to the fact that
2648	s. 608.4353 does not contain a subsection (3) and s.
2649	608.4354(3) relates to notice in a situation where an
2650	appraisal event is to be approved other than by a
2651	member meeting.
2652
2653	Section 70.  Subsection (6) of section 608.4381, Florida
2654	Statutes, is amended to read:
2655	608.4381  Action on plan of merger.--
2656	(6)  A plan of merger may provide for the manner, if any,
2657	in which the plan of merger may be amended at any time before
2658	the effective date of the merger, except after the approval of
2659	the plan of merger by the members of a limited liability company
2660	that is a party to the merger, the plan of merger may not be
2661	amended to:
2662	(a)  Change the amount or kind of interests, partnership
2663	interests, shares, obligations, other securities, cash, rights,
2664	or any other property to be received by the members of such
2665	limited liability company in exchange for or on conversion of
2666	their interests;
2667	(b)  If the surviving entity is a limited liability
2668	company, change any term of the articles of organization or the
2669	operating agreement of the surviving entity, except for changes
2670	that otherwise could be adopted without the approval of the
2671	members of the surviving entity;
2672	(c)  If the surviving entity is not a limited liability
2673	company, change any term of the articles of incorporation or
2674	comparable governing document of the surviving entity, except
2675	for changes that otherwise could be adopted by the board of
2676	directors or comparable representatives of the surviving entity;
2677	or
2678	(d)  Change any of the terms and conditions of the plan of
2679	merger if any such change, alone or in the aggregate, would
2680	materially and adversely affect the members, or any class or
2681	group of members, of such limited liability company.
2682
2683	If an amendment to a plan of merger is made in accordance with
2684	the plan and articles of merger have been filed with the
2685	Department of State, an amended certificate of merger executed
2686	by each limited liability company and other business entity that
2687	is a party to the merger shall be filed with the Department of
2688	State prior to the effective date of the merger.
2689
2690	Reviser's note.--Amended to confirm the insertion by
2691	the editors of the word "with" following the word
2692	"accordance" to improve clarity.
2693
2694	Section 71.  Subsection (5) of section 620.1108, Florida
2695	Statutes, is amended to read:
2696	620.1108  Name.--
2697	(5)  Subject to s. 620.1905 620.905, this section applies
2698	to any foreign limited partnership transacting business in this
2699	state, having a certificate of authority to transact business in
2700	this state, or applying for a certificate of authority.
2701
2702	Reviser's note.--Amended to confirm the substitution
2703	by the editors of a reference to s. 620.1905 for a
2704	reference to s. 620.905, which does not exist. Section
2705	620.1905 relates to noncomplying names of foreign
2706	limited partnerships.
2707
2708	Section 72.  Paragraph (b) of subsection (2) of section
2709	620.1110, Florida Statutes, is amended to read:
2710	620.1110  Effect of partnership agreement; nonwaivable
2711	provisions.--
2712	(2)  A partnership agreement may not:
2713	(b)  Vary the law applicable to a limited partnership under
2714	s. 620.1106 620.106;
2715
2716	Reviser's note.--Amended to confirm the substitution
2717	by the editors of a reference to s. 620.1106 for a
2718	reference to s. 620.106, which was repealed by s. 25,
2719	ch. 2005-267, Laws of Florida. Section 620.1106
2720	relates to governing law.
2721
2722	Section 73.  Paragraphs (g) and (k) of subsection (1) of
2723	section 620.1204, Florida Statutes, are amended to read:
2724	620.1204  Signing of records.--
2725	(1)  Each record delivered to the Department of State for
2726	filing pursuant to this act must be signed in the following
2727	manner:
2728	(g)  A certificate of dissolution, a statement of
2729	termination, and a certificate of revocation of dissolution must
2730	be signed by all general partners listed in the certificate of
2731	limited partnership or, if the certificate of limited
2732	partnership of a dissolved limited partnership lists no general
2733	partners, by the person appointed pursuant to s. 620.1803(3) or
2734	(4) 620.803(3) or (4) to wind up the dissolved limited
2735	partnership's activities.
2736	(k)  A statement by a person pursuant to s. 620.1605(2)
2737	620.1605(1)(d) stating that the person has dissociated as a
2738	general partner must be signed by that person.
2739
2740	Reviser's note.--Paragraph (1)(g) is amended to
2741	confirm the substitution by the editors of a reference
2742	to s. 620.1803(3) or (4) for a reference to s.
2743	620.803(3) or (4). Section 620.803 does not exist; s.
2744	620.1803(3) and (4) relate to appointment of a person
2745	to wind up limited partnership activities. Paragraph
2746	(1)(k) is amended to correct a reference and conform
2747	to context; s. 620.1605(1)(d) does not exist; s.
2748	620.1605(2) relates to a statement of dissociation.
2749
2750	Section 74.  Paragraph (a) of subsection (3) of section
2751	620.1207, Florida Statutes, is amended to read:
2752	620.1207  Correcting filed record.--
2753	(3)  When filed by the Department of State, a statement of
2754	correction is effective retroactively as of the effective date
2755	of the record the statement corrects, but the statement is
2756	effective when filed:
2757	(a)  For the purposes of s. 620.1103(3) and (4) 620.103(3)
2758	and (4).
2759
2760	Reviser's note.--Amended to confirm the substitution
2761	by the editors of a reference to s. 620.1103(3) and
2762	(4) for a reference to s. 620.103(3) and (4). Section
2763	620.103 was repealed by s. 25, ch. 2005-267, Laws of
2764	Florida; s. 620.1103(3) and (4) relate to documents
2765	serving as notice of limited partnership and partner
2766	status.
2767
2768	Section 75.  Subsection (9) of section 620.1407, Florida
2769	Statutes, is amended to read:
2770	620.1407  Right of general partner and former general
2771	partner to information.--
2772	(9)  The rights under this section do not extend to a
2773	person as transferee, but the rights under subsection (3) of a
2774	person dissociated as a general partner may be exercised by the
2775	legal representative of an individual who dissociated as a
2776	general partner under s. 620.1603(7)(b) or (c) 620.603(7)(b) or
2777	(c).
2778
2779	Reviser's note.--Amended to confirm the substitution
2780	by the editors of a reference to s. 620.1603(7)(b) or
2781	(c) for a reference to s. 620.603(7)(b) or (c).
2782	Section 620.603 does not exist; s. 620.1603(7)(b) and
2783	(c) relate to dissociation of a general partner by
2784	virtue of guardianship or incapacity, respectively.
2785
2786	Section 76.  Paragraph (b) of subsection (2) of section
2787	620.2118, Florida Statutes, is amended to read:
2788	620.2118  Appraisal notice and form.--
2789	(2)  The appraisal notice must be sent no earlier than the
2790	date the appraisal event became effective and no later than 10
2791	days after such date and must:
2792	(b)  State:
2793	1.  Where the form described in paragraph (a) must be sent.
2794	2.  A date by which the limited partnership must receive
2795	the form, which date may not be fewer than 40 or more than 60
2796	days after the date the appraisal notice and form described in
2797	this subsection are sent, and state that the limited partner
2798	shall have waived the right to demand appraisal with respect to
2799	the limited partner interests unless the form is received by the
2800	limited partnership by such specified date.
2801	3.  In the case of limited partner interest represented by
2802	a certificate, the location at which certificates for such
2803	certificated partnership interests must be deposited, if that
2804	action is required by the limited partnership, and the date by
2805	which those certificates must be deposited, which date may not
2806	be earlier than the date for receiving the required form under
2807	subparagraph 2.
2808	4.  The limited partnership's estimate of the fair value of
2809	the limited partner interests.
2810	5.  An offer to each limited partner who is entitled to
2811	appraisal rights to pay the limited partnership's estimate of
2812	fair value set forth in subparagraph 4.
2813	6.  That, if requested in writing, the limited partnership
2814	will provide to the limited partner so requesting, within 10
2815	days after the date specified in subparagraph 2., the number of
2816	limited partners who return the forms by the specified date and
2817	the total number of limited partner interests owned by them.
2818	7.  The date by which the notice to withdraw under s.
2819	620.2119 620.1119 must be received, which date must be within 20
2820	days after the date specified in subparagraph 2.
2821
2822	Reviser's note.--Amended to correct a reference and
2823	conform to context. Section 620.1119 does not exist;
2824	s. 620.2119 relates to the right to withdraw.
2825
2826	Section 77.  Subsection (1) of section 620.2120, Florida
2827	Statutes, is amended to read:
2828	620.2120  Limited partner's acceptance of limited
2829	partnership's offer.--
2830	(1)  If the limited partner states on the form provided in
2831	s. 620.2118(1) that the limited partner accepts the offer of the
2832	limited partnership to pay the limited partnership's estimated
2833	fair value for the limited partner interest, the limited
2834	partnership shall make such payment to the limited partner
2835	within 90 days after the limited partnership's receipt of the
2836	items required by s. 620.2119(1) 620.1119(1).
2837
2838	Reviser's note.--Amended to confirm the substitution
2839	by the editors of a reference to s. 620.2119(1) for a
2840	reference to s. 620.1119(1). Section 620.1119 does not
2841	exist; s. 620.2119(1) relates to deposit of a limited
2842	partner's certificates and corresponding loss of
2843	rights as a limited partner.
2844
2845	Section 78.  Paragraphs (d) and (f) of subsection (3) of
2846	section 620.2204, Florida Statutes, are amended to read:
2847	620.2204  Application to existing relationships.--
2848	(3)  With respect to a limited partnership formed before
2849	January 1, 2006, the following rules apply except as the
2850	partners otherwise elect in the manner provided in the
2851	partnership agreement or by law for amending the partnership
2852	agreement:
2853	(d)  The provisions of s. 620.1603(4) 620.603(4) do not
2854	apply.
2855	(f)  The provisions of s. 620.1801(1)(c) 620.1801(3) do not
2856	apply and the connection between a person's dissociation as a
2857	general partner and the dissolution of the limited partnership
2858	is the same as existed immediately before January 1, 2006.
2859
2860	Reviser's note.--Paragraph (3)(d) is amended to
2861	confirm the substitution by the editors of a reference
2862	to s. 620.1603(4) for a reference to s. 620.603(4).
2863	Section 620.603 does not exist; s. 620.1603(4) relates
2864	to expulsion of a general partner. Paragraph (3)(f) is
2865	amended to confirm the substitution by the editors of
2866	a reference to s. 620.1801(1)(c) for a reference to s.
2867	620.1801(3). Section 620.1801(3) does not exist; s.
2868	620.1801(1)(c) relates to the dissociation of a
2869	general partner and consent to continue or dissolve
2870	the limited partnership.
2871
2872	Section 79.  Subsection (15) of section 620.8101, Florida
2873	Statutes, is amended to read:
2874	620.8101  Definitions.--As used in this act, the term:
2875	(15)  "Statement" means a statement of partnership
2876	authority under s. 620.8303, a statement of denial under s.
2877	620.8304, a statement of dissociation under s. 620.8704, a
2878	statement of dissolution under s. 620.8805, a statement of
2879	merger under s. 620.8918 620.8907, a statement of qualification
2880	under s. 620.9001, a statement of foreign qualification under s.
2881	620.9102, or an amendment or cancellation of any of the
2882	foregoing.
2883
2884	Reviser's note.--Amended to conform to the repeal of
2885	s. 620.8907 by s. 25, ch. 2005-267, Laws of Florida.
2886	Filings required for merger are now covered in s.
2887	620.8918, including a reference to the statement of
2888	merger.
2889
2890	Section 80.  Subsection (1) of section 620.8702, Florida
2891	Statutes, is amended to read:
2892	620.8702  Dissociated partner's power to bind and liability
2893	to partnership.--
2894	(1)  For 1 year after a partner dissociates without
2895	resulting in a dissolution and winding up of the partnership
2896	business, the partnership, including a surviving partnership
2897	under ss. 620.8911-620.8923 620.8901-620.8908, is bound by an
2898	act of the dissociated partner which would have bound the
2899	partnership under s. 620.8301 before dissociation only if, at
2900	the time of entering into the transaction, the other party:
2901	(a)  Reasonably believed that the dissociated partner was
2902	then a partner;
2903	(b)  Did not have notice of the partner's dissociation; and
2904	(c)  Is not deemed to have had knowledge under s.
2905	620.8303(4) or notice under s. 620.8704(4).
2906
2907	Reviser's note.--Amended to conform to the repeal of
2908	ss. 620.8901-620.8908 relating to conversion of a
2909	partnership to a limited partnership; conversion
2910	procedures are now covered in ss. 620.8911-620.8923.
2911
2912	Section 81.  Subsection (2) of section 620.8703, Florida
2913	Statutes, is amended to read:
2914	620.8703  Dissociated partner's liability to other
2915	persons.--
2916	(2)  A partner who dissociates without resulting in a
2917	dissolution and winding up of the partnership business is liable
2918	as a partner to any other party to a transaction entered into by
2919	the partnership, or a surviving partnership under ss. 620.8911-
2920	620.8923 620.8901-620.8908, within 1 year after the partner's
2921	dissociation only if the partner is liable for the obligation
2922	under s. 620.8306 and, at the time of entering into the
2923	transaction, the other party:
2924	(a)  Reasonably believed that the dissociated partner was
2925	then a partner;
2926	(b)  Did not have notice of the partner's dissociation; and
2927	(c)  Is not deemed to have had knowledge under s.
2928	620.8303(4) or notice under s. 620.8704(4).
2929
2930	Reviser's note.--Amended to conform to the repeal of
2931	ss. 620.8901-620.8908 relating to conversion of a
2932	partnership to a limited partnership; conversion
2933	procedures are now covered in ss. 620.8911-620.8923.
2934
2935	Section 82.  Paragraph (a) of subsection (7) of section
2936	624.501, Florida Statutes, is amended to read:
2937	624.501  Filing, license, appointment, and miscellaneous
2938	fees.--The department, commission, or office, as appropriate,
2939	shall collect in advance, and persons so served shall pay to it
2940	in advance, fees, licenses, and miscellaneous charges as
2941	follows:
2942	(7)  Life insurance agents.
2943	(a)  Agent's original appointment and biennial renewal or
2944	continuation thereof, each insurer or agent making an
2945	appointment:
2946	Appointment fee....$42.00
2947	State tax....12.00
2948	County tax....6.00  Total....$60.00
2949
2950	Reviser's note.--Amended to confirm the reinsertion by
2951	the editors of the word "fee" following the word
2952	"Appointment" to correct a coding error and conform to
2953	context.
2954
2955	Section 83.  Paragraph (b) of subsection (5) of section
2956	624.509, Florida Statutes, is amended to read:
2957	624.509  Premium tax; rate and computation.--
2958	(5)
2959	(b)  For purposes of this subsection:
2960	1.  The term "salaries" does not include amounts paid as
2961	commissions.
2962	2.  The term "employees" does not include independent
2963	contractors or any person whose duties require that the person
2964	hold a valid license under the Florida Insurance Code, except
2965	adjusters, managing general agents, and service representatives,
2966	as defined in s. 626.015.
2967	3.  The term "net tax" means the tax imposed by this
2968	section after applying the calculations and credits set forth in
2969	subsection (4).
2970	4.  An affiliated group of corporations that created a
2971	service company within its affiliated group on July 30, 2002,
2972	shall allocate the salary of each service company employee
2973	covered by contracts with affiliated group members to the
2974	companies for which the employees perform services. The salary
2975	allocation is based on the amount of time during the tax year
2976	that the individual employee spends performing services or
2977	otherwise working for each company over the total amount of time
2978	the employee spends performing services or otherwise working for
2979	all companies. The total amount of salary allocated to an
2980	insurance company within the affiliated group shall be included
2981	as that insurer's employee salaries for purposes of this
2982	section.
2983	a.  Except as provided in subparagraph (a)2. subparagraph
2984	2., the term "affiliated group of corporations" means two or
2985	more corporations that are entirely owned by a single
2986	corporation and that constitute an affiliated group of
2987	corporations as defined in s. 1504(a) of the Internal Revenue
2988	Code.
2989	b.  The term "service company" means a separate corporation
2990	within the affiliated group of corporations whose employees
2991	provide services to affiliated group members and which are
2992	treated as service company employees for unemployment
2993	compensation and common law purposes. The holding company of an
2994	affiliated group may not qualify as a service company. An
2995	insurance company may not qualify as a service company.
2996	c.  If an insurance company fails to substantiate, whether
2997	by means of adequate records or otherwise, its eligibility to
2998	claim the service company exception under this section, or its
2999	salary allocation under this section, no credit shall be
3000	allowed.
3001	5.  A service company that is a subsidiary of a mutual
3002	insurance holding company, which mutual insurance holding
3003	company was in existence on or before January 1, 2000, shall
3004	allocate the salary of each service company employee covered by
3005	contracts with members of the mutual insurance holding company
3006	system to the companies for which the employees perform
3007	services. The salary allocation is based on the ratio of the
3008	amount of time during the tax year which the individual employee
3009	spends performing services or otherwise working for each company
3010	to the total amount of time the employee spends performing
3011	services or otherwise working for all companies. The total
3012	amount of salary allocated to an insurance company within the
3013	mutual insurance holding company system shall be included as
3014	that insurer's employee salaries for purposes of this section.
3015	However, this subparagraph does not apply for any tax year
3016	unless funds sufficient to offset the anticipated salary credits
3017	have been appropriated to the General Revenue Fund prior to the
3018	due date of the final return for that year.
3019	a.  The term "mutual insurance holding company system"
3020	means two or more corporations that are subsidiaries of a mutual
3021	insurance holding company and in compliance with part IV of
3022	chapter 628.
3023	b.  The term "service company" means a separate corporation
3024	within the mutual insurance holding company system whose
3025	employees provide services to other members of the mutual
3026	insurance holding company system and are treated as service
3027	company employees for unemployment compensation and common-law
3028	purposes. The mutual insurance holding company may not qualify
3029	as a service company.
3030	c.  If an insurance company fails to substantiate, whether
3031	by means of adequate records or otherwise, its eligibility to
3032	claim the service company exception under this section, or its
3033	salary allocation under this section, no credit shall be
3034	allowed.
3035
3036	Reviser's note.--Amended to correct a reference and
3037	conform to context; subparagraph (5)(b)2. does not
3038	reference affiliated groups of corporations; they are
3039	covered in subparagraph (5)(a)2.
3040
3041	Section 84.  Paragraph (d) of subsection (3) of section
3042	624.91, Florida Statutes, is repealed.
3043
3044	Reviser's note.--The cited paragraph, which authorizes
3045	certain enrollees in the Healthy Kids program as of
3046	January 31, 2004, to remain eligible until January 1,
3047	2005, has served its purpose.
3048
3049	Section 85.  Paragraph (d) of subsection (2) of section
3050	626.8411, Florida Statutes, is repealed.
3051
3052	Reviser's note.--The cited paragraph, which provides
3053	that s. 626.592 does not apply to title insurance
3054	agents or agencies, is obsolete; s. 626.592 was
3055	repealed by s. 32, ch. 2005-257, Laws of Florida.
3056
3057	Section 86.  Paragraph (b) of subsection (4) of section
3058	626.9911, Florida Statutes, is amended to read:
3059	626.9911  Definitions.--As used in this act, the term:
3060	(4)  "Life expectancy provider" means a person who
3061	determines, or holds himself or herself out as determining, life
3062	expectancies or mortality ratings used to determine life
3063	expectancies:
3064	(b)  In connection with a viatical settlement investment,
3065	pursuant to s. 517.021(23) 517.021(22); or
3066
3067	Reviser's note.--Amended to correct a reference and
3068	conform to context. Section 517.021(22) defines
3069	"underwriter"; s. 517.021(23) defines "viatical
3070	settlement investment."
3071
3072	Section 87.  Paragraph (d) of subsection (6) of section
3073	627.351, Florida Statutes, is amended to read:
3074	627.351  Insurance risk apportionment plans.--
3075	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
3076	(d)1.  It is the intent of the Legislature that the rates
3077	for coverage provided by the corporation be actuarially sound
3078	and not competitive with approved rates charged in the admitted
3079	voluntary market, so that the corporation functions as a
3080	residual market mechanism to provide insurance only when the
3081	insurance cannot be procured in the voluntary market. Rates
3082	shall include an appropriate catastrophe loading factor that
3083	reflects the actual catastrophic exposure of the corporation.
3084	2.  For each county, the average rates of the corporation
3085	for each line of business for personal lines residential
3086	policies excluding rates for wind-only policies shall be no
3087	lower than the average rates charged by the insurer that had the
3088	highest average rate in that county among the 20 insurers with
3089	the greatest total direct written premium in the state for that
3090	line of business in the preceding year, except that with respect
3091	to mobile home coverages, the average rates of the corporation
3092	shall be no lower than the average rates charged by the insurer
3093	that had the highest average rate in that county among the 5
3094	insurers with the greatest total written premium for mobile home
3095	owner's policies in the state in the preceding year.
3096	3.  Rates for personal lines residential wind-only policies
3097	must be actuarially sound and not competitive with approved
3098	rates charged by authorized insurers. Corporation rate manuals
3099	shall include a rate surcharge for seasonal occupancy. To ensure
3100	that personal lines residential wind-only rates are not
3101	competitive with approved rates charged by authorized insurers,
3102	the corporation, in conjunction with the office, shall develop a
3103	wind-only ratemaking methodology, which methodology shall be
3104	contained in each rate filing made by the corporation with the
3105	office. If the office determines that the wind-only rates or
3106	rating factors filed by the corporation fail to comply with the
3107	wind-only ratemaking methodology provided for in this
3108	subsection, it shall so notify the corporation and require the
3109	corporation to amend its rates or rating factors to come into
3110	compliance within 90 days of notice from the office.
3111	4.  For the purposes of establishing a pilot program to
3112	evaluate issues relating to the availability and affordability
3113	of insurance in an area where historically there has been little
3114	market competition, the provisions of subparagraph 2. do not
3115	apply to coverage provided by the corporation in Monroe County
3116	if the office determines that a reasonable degree of competition
3117	does not exist for personal lines residential policies. The
3118	provisions of subparagraph 3. do not apply to coverage provided
3119	by the corporation in Monroe County if the office determines
3120	that a reasonable degree of competition does not exist for
3121	personal lines residential policies in the area of that county
3122	which is eligible for wind-only coverage. In this county, the
3123	rates for personal lines residential coverage shall be
3124	actuarially sound and not excessive, inadequate, or unfairly
3125	discriminatory and are subject to the other provisions of the
3126	paragraph and s. 627.062. The commission shall adopt rules
3127	establishing the criteria for determining whether a reasonable
3128	degree of competition exists for personal lines residential
3129	policies in Monroe County. By March 1, 2006, the office shall
3130	submit a report to the Legislature providing an evaluation of
3131	the implementation of the pilot program affecting Monroe County.
3132	5.  Rates for commercial lines coverage shall not be
3133	subject to the requirements of subparagraph 2., but shall be
3134	subject to all other requirements of this paragraph and s.
3135	627.062.
3136	6.  Nothing in this paragraph shall require or allow the
3137	corporation to adopt a rate that is inadequate under s. 627.062.
3138	7.  The corporation shall certify to the office at least
3139	twice annually that its personal lines rates comply with the
3140	requirements of subparagraphs 1. and 2. If any adjustment in the
3141	rates or rating factors of the corporation is necessary to
3142	ensure such compliance, the corporation shall make and implement
3143	such adjustments and file its revised rates and rating factors
3144	with the office. If the office thereafter determines that the
3145	revised rates and rating factors fail to comply with the
3146	provisions of subparagraphs 1. and 2., it shall notify the
3147	corporation and require the corporation to amend its rates or
3148	rating factors in conjunction with its next rate filing. The
3149	office must notify the corporation by electronic means of any
3150	rate filing it approves for any insurer among the insurers
3151	referred to in subparagraph 2.
3152	8.  In addition to the rates otherwise determined pursuant
3153	to this paragraph, the corporation shall impose and collect an
3154	amount equal to the premium tax provided for in s. 624.509 to
3155	augment the financial resources of the corporation.
3156	9.a.  To assist the corporation in developing additional
3157	ratemaking methods to assure compliance with subparagraphs 1.
3158	and 5. 4., the corporation shall appoint a rate methodology
3159	panel consisting of one person recommended by the Florida
3160	Association of Insurance Agents, one person recommended by the
3161	Professional Insurance Agents of Florida, one person recommended
3162	by the Florida Association of Insurance and Financial Advisors,
3163	one person recommended by the insurer with the highest voluntary
3164	market share of residential property insurance business in the
3165	state, one person recommended by the insurer with the second-
3166	highest voluntary market share of residential property insurance
3167	business in the state, one person recommended by an insurer
3168	writing commercial residential property insurance in this state,
3169	one person recommended by the Office of Insurance Regulation,
3170	and one board member designated by the board chairman, who shall
3171	serve as chairman of the panel.
3172	b.  By January 1, 2004, the rate methodology panel shall
3173	provide a report to the corporation of its findings and
3174	recommendations for the use of additional ratemaking methods and
3175	procedures, including the use of a rate equalization surcharge
3176	in an amount sufficient to assure that the total cost of
3177	coverage for policyholders or applicants to the corporation is
3178	sufficient to comply with subparagraph 1.
3179	c.  Within 30 days after such report, the corporation shall
3180	present to the President of the Senate, the Speaker of the House
3181	of Representatives, the minority party leaders of each house of
3182	the Legislature, and the chairs of the standing committees of
3183	each house of the Legislature having jurisdiction of insurance
3184	issues, a plan for implementing the additional ratemaking
3185	methods and an outline of any legislation needed to facilitate
3186	use of the new methods.
3187	d.  The plan must include a provision that producer
3188	commissions paid by the corporation shall not be calculated in
3189	such a manner as to include any rate equalization surcharge.
3190	However, without regard to the plan to be developed or its
3191	implementation, producer commissions paid by the corporation for
3192	each account, other than the quota share primary program, shall
3193	remain fixed as to percentage, effective rate, calculation, and
3194	payment method until January 1, 2004.
3195	10.  By January 1, 2004, the corporation shall develop a
3196	notice to policyholders or applicants that the rates of Citizens
3197	Property Insurance Corporation are intended to be higher than
3198	the rates of any admitted carrier and providing other
3199	information the corporation deems necessary to assist consumers
3200	in finding other voluntary admitted insurers willing to insure
3201	their property.
3202
3203	Reviser's note.--Amended to conform to the
3204	redesignation of subparagraph (6)(d)4. as subparagraph
3205	(6)(d)5. by s. 7, ch. 2005-111, Laws of Florida.
3206
3207	Section 88.  Paragraph (d) of subsection (6) of section
3208	627.3511, Florida Statutes, is amended to read:
3209	627.3511  Depopulation of Citizens Property Insurance
3210	Corporation.--
3211	(6)  COMMERCIAL RESIDENTIAL TAKE-OUT PLANS.--
3212	(d)  The calculation of an insurer's regular assessment
3213	liability under s. 627.351(6)(b)3.a. and b. 627.351(b)3.a. and
3214	b., but not emergency assessments collected from policyholders
3215	pursuant to s. 627.351(6)(b)3.d., shall, with respect to
3216	commercial residential policies removed from the corporation
3217	under an approved take-out plan, exclude such removed policies
3218	for the succeeding 3 years, as follows:
3219	1.  In the first year following removal of the policies,
3220	the policies are excluded from the calculation to the extent of
3221	100 percent.
3222	2.  In the second year following removal of the policies,
3223	the policies are excluded from the calculation to the extent of
3224	75 percent.
3225	3.  In the third year following removal of the policies,
3226	the policies are excluded from the calculation to the extent of
3227	50 percent.
3228
3229	Reviser's note.--Amended to correct a reference and
3230	conform to context. The cite to s. 627.351(b)3.a. and
3231	b. does not reference the subsection within s. 627.351
3232	where the referenced material is located; based on
3233	context, a reference to s. 627.351(6)(b)3.a. and b.,
3234	relating to levy of assessments on assessable insurers
3235	with specified deficits, was substituted for the
3236	incomplete cite.
3237
3238	Section 89.  Subsection (1) of section 627.6418, Florida
3239	Statutes, is amended to read:
3240	627.6418  Coverage for mammograms.--
3241	(1)  An accident or health insurance policy issued,
3242	amended, delivered, or renewed in this state must provide
3243	coverage for at least the following:
3244	(a)  A baseline mammogram for any woman who is 35 years of
3245	age or older, but younger than 40 years of age.
3246	(b)  A mammogram every 2 years for any woman who is 40
3247	years of age or older, but younger than 50 years of age, or more
3248	frequently based on the patient's physician's recommendation.
3249	(c)  A mammogram every year for any woman who is 50 years
3250	of age or older.
3251	(d)  One or more mammograms a year, based upon a
3252	physician's recommendation, for any woman who is at risk for
3253	breast cancer because of a personal or family history of breast
3254	cancer, because of having a history of biopsy-proven benign
3255	breast disease, because of having a mother, sister, or daughter
3256	who has or has had breast cancer, or because a woman has not
3257	given birth before the age of 30.
3258
3259	It is the intent of the Legislature that, when practice
3260	parameters for the delivery of mammography services are
3261	developed pursuant to s. 408.02(7), the Legislature review the
3262	requirements of this section and conform to the practice
3263	parameters.
3264
3265	Reviser's note.--Amended to delete a provision that
3266	has served its purpose. The practice parameters to be
3267	reviewed were to be developed pursuant to s.
3268	408.02(7), which was repealed by s. 42, ch. 2004-297,
3269	Laws of Florida.
3270
3271	Section 90.  Subsection (1) of section 627.6613, Florida
3272	Statutes, is amended to read:
3273	627.6613  Coverage for mammograms.--
3274	(1)  A group, blanket, or franchise accident or health
3275	insurance policy issued, amended, delivered, or renewed in this
3276	state must provide coverage for at least the following:
3277	(a)  A baseline mammogram for any woman who is 35 years of
3278	age or older, but younger than 40 years of age.
3279	(b)  A mammogram every 2 years for any woman who is 40
3280	years of age or older, but younger than 50 years of age, or more
3281	frequently based on the patient's physician's recommendation.
3282	(c)  A mammogram every year for any woman who is 50 years
3283	of age or older.
3284	(d)  One or more mammograms a year, based upon a
3285	physician's recommendation, for any woman who is at risk for
3286	breast cancer because of a personal or family history of breast
3287	cancer, because of having a history of biopsy-proven benign
3288	breast disease, because of having a mother, sister, or daughter
3289	who has or has had breast cancer, or because a woman has not
3290	given birth before the age of 30.
3291
3292	It is the intent of the Legislature that, when practice
3293	parameters for the delivery of mammography services are
3294	developed pursuant to s. 408.02(7), the Legislature review the
3295	requirements of this section and conform to the practice
3296	parameters.
3297
3298	Reviser's note.--Amended to delete a provision that
3299	has served its purpose. The practice parameters to be
3300	reviewed were to be developed pursuant to s.
3301	408.02(7), which was repealed by s. 42, ch. 2004-297,
3302	Laws of Florida.
3303
3304	Section 91.  Section 627.711, Florida Statutes, is amended
3305	to read:
3306	627.711  Notice of premium discounts for hurricane loss
3307	mitigation.--Using a form prescribed by the Office of Insurance
3308	Regulation, the insurer shall clearly notify the applicant or
3309	policyholder of any personal lines residential property
3310	insurance policy, at the time of the issuance of the policy and
3311	at each renewal, of the availability and the range of each
3312	premium discount, credit, other rate differential, or reduction
3313	in deductibles for properties on which fixtures or construction
3314	techniques demonstrated to reduce the amount of loss in a
3315	windstorm can be or have been installed or implemented. The
3316	prescribed form shall describe generally what actions the
3317	policyholders may be able to take to reduce their windstorm
3318	premium. The prescribed form and a list of such ranges approved
3319	by the office for each insurer licensed in the state and
3320	providing such discounts, credits, other rate differentials, or
3321	reductions in deductibles for properties described in this
3322	subsection shall be available for electronic viewing and
3323	download from the Department of Financial Services' or the
3324	Office of Insurance Regulation's Internet website. The Financial
3325	Services Commission may adopt rules to implement this
3326	subsection.
3327
3328	Reviser's note.--Amended to confirm the insertion by
3329	the editors of the word "be" following the word "can"
3330	to improve clarity.
3331
3332	Section 92.  Paragraph (a) of subsection (5) of section
3333	627.7295, Florida Statutes, is amended to read:
3334	627.7295  Motor vehicle insurance contracts.--
3335	(5)(a)  A licensed general lines agent may charge a
3336	per-policy fee not to exceed $10 to cover the administrative
3337	costs of the agent associated with selling the motor vehicle
3338	insurance policy if the policy covers only personal injury
3339	protection coverage as provided by s. 627.736 and property
3340	damage liability coverage as provided by s. 627.7275 and if no
3341	other insurance is sold or issued in conjunction with or
3342	collateral to the policy. The fee is not considered part of the
3343	premium.
3344
3345	Reviser's note.--Amended to reinsert language
3346	inadvertently deleted during the 2005 editorial
3347	process.
3348
3349	Section 93.  Section 633.026, Florida Statutes, is amended
3350	to read:
3351	633.026  Informal interpretations of the Florida Fire
3352	Prevention Code.--The Division of State Fire Marshal shall by
3353	rule establish an informal process of rendering nonbinding
3354	interpretations of the Florida Fire Prevention Code. The
3355	Division of State Fire Marshal may contract with and refer
3356	interpretive issues to a nonprofit organization that has
3357	experience in interpreting and enforcing the Florida Fire
3358	Prevention Code. The Division of State Fire Marshal shall
3359	immediately implement the process prior to the completion of
3360	formal rulemaking. It is the intent of the Legislature that the
3361	Division of State Fire Marshal create a process to refer
3362	questions to a small group of individuals certified under s.
3363	633.081(2), to which a party can pose questions regarding the
3364	interpretation of code provisions. It is the intent of the
3365	Legislature that the process provide for the expeditious
3366	resolution of the issues presented and publication of the
3367	resulting interpretation on the website of the Division of State
3368	Fire Marshal. It is the intent of the Legislature that this
3369	program be similar to the program established by the Florida
3370	Building Commission in s. 553.775(3)(g) 553.77(7). Such
3371	interpretations shall be advisory only and nonbinding on the
3372	parties or the State Fire Marshal. In order to administer this
3373	section, the department may adopt by rule and impose a fee for
3374	nonbinding interpretations, with payment made directly to the
3375	third party. The fee may not exceed $150 for each request for a
3376	review or interpretation.
3377
3378	Reviser's note.--Amended to conform to the deletion of
3379	s. 553.77(7) by s. 8, ch. 2005-147, Laws of Florida,
3380	and the addition of substantially similar language at
3381	s. 553.775(3)(g) by s. 9, ch. 2005-147.
3382
3383	Section 94.  Subsection (3) of section 633.539, Florida
3384	Statutes, is amended to read:
3385	633.539  Requirements for installation, inspection, and
3386	maintenance of fire protection systems.--
3387	(3)  For contracts written after June 30, 2005, the
3388	contractor who installs the underground piping from the point of
3389	service is responsible for completing the installation to the
3390	aboveground connection flange, which by definition in this
3391	chapter is no more than 1 foot above the finished floor, before
3392	completing the Contractor's Material and Test Certificate for
3393	Underground Piping document. Aboveground contractors may not
3394	complete the Contractor's Material and Test Certificate for
3395	Underground Piping document for underground piping or portions
3396	thereof which have been installed by others.
3397
3398	Reviser's note.--Amended to confirm the insertion by
3399	the editors of the word "piping" following the word
3400	"underground" to improve clarity.
3401
3402	Section 95.  Section 634.021, Florida Statutes, is amended
3403	to read:
3404	634.021  Powers of department, commission, and office;
3405	rules.--The office shall administer this act and the commission
3406	may adopt rules pursuant to ss. 120.536(1) and 120.54 to
3407	implement the provisions of this act related to motor vehicle
3408	service agreement companies and motor vehicle service
3409	agreements. The department shall administer this act and may
3410	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
3411	provisions of this act related to sales representatives.
3412
3413	Reviser's note.--Amended to improve clarity and
3414	conform to the designation of companies that provide
3415	motor vehicle service agreement products throughout
3416	part I of chapter 634.
3417
3418	Section 96.  Paragraph (a) of subsection (13) of section
3419	634.401, Florida Statutes, is amended to read:
3420	634.401  Definitions.--As used in this part, the term:
3421	(13)  "Service warranty" means any warranty, guaranty,
3422	extended warranty or extended guaranty, maintenance service
3423	contract equal to or greater than 1 year in length or which does
3424	not meet the exemption in paragraph (a), contract agreement, or
3425	other written promise for a specific duration to perform the
3426	repair, replacement, or maintenance of a consumer product, or
3427	for indemnification for repair, replacement, or maintenance, for
3428	operational or structural failure due to a defect in materials
3429	or workmanship, normal wear and tear, power surge, or accidental
3430	damage from handling in return for the payment of a segregated
3431	charge by the consumer; however:
3432	(a)  Maintenance service contracts written for less than 1
3433	year which do not contain provisions for indemnification and
3434	which do not provide a discount to the consumer for any
3435	combination of parts and labor in excess of 20 percent during
3436	the effective period of such contract, motor vehicle service
3437	agreements, transactions exempt under s. 624.125, and home
3438	warranties subject to regulation under part parts I and II of
3439	this chapter are excluded from this definition;
3440
3441	Reviser's note.--Amended to correct a reference and
3442	conform to context. Part II of chapter 634 regulates
3443	home warranty associations; part I of chapter 634
3444	regulates motor vehicle service agreement companies.
3445
3446	Section 97.  Subsection (2) of section 636.223, Florida
3447	Statutes, is amended to read:
3448	636.223  Administrative penalty.--In lieu of suspending or
3449	revoking a certificate of authority whenever any discount
3450	medical plan organization has been found to have violated any
3451	provision of this part, the office may:
3452	(2)  Impose a monetary penalty of not less than that $100
3453	for each violation, but not to exceed an aggregate penalty of
3454	$75,000.
3455
3456	Reviser's note.--Amended to confirm the substitution
3457	by the editors of the word "than" for the word "that"
3458	to conform to context and improve clarity.
3459
3460	Section 98.  Paragraph (a) of subsection (40) of section
3461	641.31, Florida Statutes, is amended to read:
3462	641.31  Health maintenance contracts.--
3463	(40)(a)  Any group rate, rating schedule, or rating manual
3464	for a health maintenance organization policy, which provides
3465	creditable coverage as defined in s. 627.6561(5), filed with the
3466	office shall provide for an appropriate rebate of premiums paid
3467	in the last policy year, contract year, or calendar year when
3468	the majority of members of a health plan are enrolled in and
3469	have maintained participation in any health wellness,
3470	maintenance, or improvement program offered by the group
3471	contract holder. The group must provide evidence of
3472	demonstrative maintenance or improvement of his or her health
3473	status as determined by assessments of agreed-upon health status
3474	indicators between the group and the health insurer, including,
3475	but not limited to, reduction in weight, body mass index, and
3476	smoking cessation. Any rebate provided by the health maintenance
3477	organization is presumed to be appropriate unless credible data
3478	demonstrates otherwise, or unless the rebate program requires
3479	the insured to incur costs to qualify for the rebate which
3480	equals or exceeds the value of the rebate but the rebate may not
3481	exceed 10 percent of paid premiums.
3482
3483	Reviser's note.--Amended to confirm the insertion by
3484	the editors of the word "have" following the word
3485	"and" to improve clarity.
3486
3487	Section 99.  Subsection (4) of section 658.12, Florida
3488	Statutes, is amended to read:
3489	658.12  Definitions.--Subject to other definitions
3490	contained in the financial institutions codes and unless the
3491	context otherwise requires:
3492	(4)  "Branch" or "branch office" of a bank means any office
3493	or place of business of a bank, other than its main office and
3494	the facilities and operations authorized by ss. 658.26(4)
3495	658.26(5), 658.65, and 660.33, at which deposits are received,
3496	checks are paid, or money is lent. With respect to a bank which
3497	has a trust department, the terms "branch" and "branch office"
3498	have the meanings herein ascribed to a branch or a branch office
3499	of a trust company. "Branch" or "branch office" of a trust
3500	company means any office or place of business of a trust
3501	company, other than its main office and its trust service
3502	offices established pursuant to s. 660.33, where trust business
3503	is transacted with its customers.
3504
3505	Reviser's note.--Amended to conform to the
3506	redesignation of s. 658.26(5), relating to armored car
3507	services, to s. 658.26(4) by s. 15, ch. 2004-340, Laws
3508	of Florida, and s. 98, ch. 2004-390, Laws of Florida.
3509
3510	Section 100.  Section 694.16, Florida Statutes, is amended
3511	to read:
3512	694.16  Conveyances by merger or conversion of business
3513	entities.--As to any merger or conversion of business entities
3514	prior to June 15, 2000, the title to all real estate, or any
3515	interest therein, owned by a business entity that was a party to
3516	a merger or a conversion is vested in the surviving entity
3517	without reversion or impairment, notwithstanding the requirement
3518	of a deed which was previously required by s. 607.11101, s.
3519	608.4383, former s. 620.204, former s. 620.8904, or former s.
3520	620.8906.
3521
3522	Reviser's note.--Amended to conform to the repeal of
3523	ss. 620.204, 620.8904, and 620.8906 by s. 25, ch.
3524	2005-267, Laws of Florida.
3525
3526	Section 101.  Paragraph (b) of subsection (2) of section
3527	721.13, Florida Statutes, is amended to read:
3528	721.13  Management.--
3529	(2)
3530	(b)  The managing entity shall invest the operating and
3531	reserve funds of the timeshare plan in accordance with s.
3532	518.11(1); however, the managing entity shall give safety of
3533	capital greater weight than production of income. In no event
3534	shall the managing entity invest timeshare plan funds with a
3535	developer or with any entity that is not independent of any
3536	developer or any managing entity within the meaning of s.
3537	721.05(22) 721.05(20), and in no event shall the managing entity
3538	invest timeshare plan funds in notes and mortgages related in
3539	any way to the timeshare plan.
3540
3541	Reviser's note.--Amended to conform to the
3542	redesignation of s. 721.05(20), defining the term
3543	"managing entity," as s. 721.05(22) by s. 3, ch. 2004-
3544	279, Laws of Florida.
3545
3546	Section 102.  Subsection (6) of section 732.103, Florida
3547	Statutes, is amended to read:
3548	732.103  Share of other heirs.--The part of the intestate
3549	estate not passing to the surviving spouse under s. 732.102, or
3550	the entire intestate estate if there is no surviving spouse,
3551	descends as follows:
3552	(6)  If none of the foregoing, and if any of the
3553	descendants of the decedent's great-grandparents were Holocaust
3554	victims as defined in s. 626.9543(3)(a) 626.9543(3)(b),
3555	including such victims in countries cooperating with the
3556	discriminatory policies of Nazi Germany, then to the lineal
3557	descendants of the great-grandparents. The court shall allow any
3558	such descendant to meet a reasonable, not unduly restrictive,
3559	standard of proof to substantiate his or her lineage. This
3560	subsection only applies to escheated property and shall cease to
3561	be effective for proceedings filed after December 31, 2004.
3562
3563	Reviser's note.--Amended to conform to the
3564	redesignation of s. 626.9543(3)(b) as s.
3565	626.9543(3)(a) by s. 76, ch. 2004-390, Laws of
3566	Florida.
3567
3568	Section 103.  Subsection (1) of section 739.104, Florida
3569	Statutes, is amended to read:
3570	739.104  Power to disclaim; general requirements; when
3571	irrevocable.--
3572	(1)  A person may disclaim, in whole or in part,
3573	conditionally or unconditionally, any interest in or power over
3574	property, including a power of or appointment. A person may
3575	disclaim the interest or power even if its creator imposed a
3576	spendthrift provision or similar restriction on transfer or a
3577	restriction or limitation on the right to disclaim. A disclaimer
3578	shall be unconditional unless the disclaimant explicitly
3579	provides otherwise in the disclaimer.
3580
3581	Reviser's note.--Amended to conform to context.
3582
3583	Section 104.  Subsection (1) and paragraph (d) of
3584	subsection (5) of section 765.101, Florida Statutes, are amended
3585	to read:
3586	765.101  Definitions.--As used in this chapter:
3587	(1)  "Advance directive" means a witnessed written document
3588	or oral statement in which instructions are given by a principal
3589	or in which the principal's desires are expressed concerning any
3590	aspect of the principal's health care, and includes, but is not
3591	limited to, the designation of a health care surrogate, a living
3592	will, or an anatomical gift made pursuant to part V X of chapter
3593	765 732.
3594	(5)  "Health care decision" means:
3595	(d)  The decision to make an anatomical gift pursuant to
3596	part V X of chapter 765 732.
3597
3598	Reviser's note.--Amended to conform to the transfer of
3599	material in former part X of chapter 732 to part V of
3600	chapter 765 pursuant to ch. 2001-226, Laws of Florida.
3601
3602	Section 105.  Subsection (23) of section 774.203, Florida
3603	Statutes, is amended to read:
3604	774.203  Definitions.--As used in this act, the term:
3605	(23)  "Qualified physician" means a medical doctor, who:
3606	(a)  Is a board-certified pathologist licensed to practice
3607	and actively practices in this country who performed services
3608	requested or authorized by a physician who:
3609	1.  Has conducted a physical examination of the exposed
3610	person or, if the person is deceased, has reviewed all available
3611	records relating to the exposed person's medical condition;
3612	2.  Is actually treating or has treated the exposed person,
3613	and has or had a doctor-patient relationship with the person;
3614	and
3615	3.  Is licensed to practice and actively practices in this
3616	country; or
3617	(b)  Is a board-certified oncologist, pulmonary specialist,
3618	or specialist in occupational and environmental medicine who:
3619	1.  Has conducted a physical examination of the exposed
3620	person or, if the person is deceased, has reviewed all available
3621	records relating to the exposed person's medical condition;
3622	2.  Is actually treating or has treated the exposed person,
3623	and has or had a doctor-patient relationship with the person;
3624	and
3625	3.  Is licensed to practice and actively practices in this
3626	country.
3627
3628	Reviser's note.--Amended to confirm the insertion by
3629	the editors of the word "has" following the word "or"
3630	to improve clarity.
3631
3632	Section 106.  Paragraph (f) of subsection (2) of section
3633	774.204, Florida Statutes, is amended to read:
3634	774.204  Physical impairment.--
3635	(2)  A person may not file or maintain a civil action
3636	alleging a nonmalignant asbestos claim in the absence of a prima
3637	facie showing of physical impairment as a result of a medical
3638	condition to which exposure to asbestos was a substantial
3639	contributing factor. The prima facie showing must include all of
3640	the following requirements:
3641	(f)  A determination by a qualified physician that
3642	asbestosis or diffuse pleural thickening, rather than chronic
3643	obstructive pulmonary disease, is a substantial contributing
3644	factor to the exposed person's physical impairment, based at a
3645	minimum on a determination that the exposed person has:
3646	1.  Total lung capacity, by plethysmography or timed gas
3647	dilution, below the predicted lower limit of normal;
3648	2.  Forced vital capacity below the lower limit of normal
3649	and a ratio of FEV1 to FVC that is equal to or greater than the
3650	predicted lower limit of normal; or
3651	3.  A chest X ray showing small, irregular opacities (s, t,
3652	u) graded by a certified B-reader as at least 2/1 on the ILO
3653	scale.
3654
3655	Reviser's note.--Amended to confirm the insertion by
3656	the editors of the word "as" following the term
3657	"certified B-reader" to improve clarity.
3658
3659	Section 107.  Subsection (3) of section 774.205, Florida
3660	Statutes, is amended to read:
3661	774.205  Claimant proceedings.--
3662	(3)  All asbestos claims and silica claims filed in this
3663	state on or after the effective date of this act must include,
3664	in addition to the written report described in subsection (2)
3665	subsection (3) of section 5 and the information required by s.
3666	774.207(2), a sworn information form containing the following
3667	information:
3668	(a)  The claimant's name, address, date of birth, and
3669	marital status;
3670	(b)  If the claimant alleges exposure to asbestos or silica
3671	through the testimony of another person or alleges other than
3672	direct or bystander exposure to a product, the name, address,
3673	date of birth, and marital status for each person by which the
3674	claimant alleges exposure, hereinafter the "index person," and
3675	the claimant's relationship to each such person;
3676	(c)  The specific location of each alleged exposure;
3677	(d)  The beginning and ending dates of each alleged
3678	exposure as to each asbestos product or silica product for each
3679	location at which exposure allegedly took place for the
3680	plaintiff and each index person;
3681	(e)  The occupation and name of the employer of the exposed
3682	person at the time of each alleged exposure;
3683	(f)  The specific condition related to asbestos or silica
3684	claimed to exist; and
3685	(g)  Any supporting documentation of the condition claimed
3686	to exist.
3687
3688	Reviser's note.--The introductory paragraph of
3689	subsection (3) is amended to confirm the substitution
3690	of a reference to "subsection (2)" for a reference to
3691	"subsection (3) of section 5" of ch. 2005-274, Laws of
3692	Florida. Subsection (2) describes the written report.
3693	Paragraph (3)(b) is amended to confirm the insertion
3694	by the editors of the word "and" following the word
3695	"birth" to improve clarity.
3696
3697	Section 108.  Paragraph (b) of subsection (1) of section
3698	774.208, Florida Statutes, is amended to read:
3699	774.208  Liability rules applicable to protect sellers,
3700	renters, and lessors.--
3701	(1)
3702	(b)  For the purpose of sub-subparagraph (a)1.b. sub-
3703	subparagraph 1.b., a product seller may not be considered to
3704	have failed to exercise reasonable care with respect to a
3705	product based upon an alleged failure to inspect the product,
3706	if:
3707	1.  The failure occurred because there was no reasonable
3708	opportunity to inspect the product; or
3709	2.  The inspection, in the exercise of reasonable care,
3710	would not have revealed the aspect of the product which
3711	allegedly caused the exposed person's impairment.
3712
3713	Reviser's note.--Amended to confirm the substitution
3714	by the editors of a reference to sub-subparagraph
3715	(a)1.b. for a reference to sub-subparagraph 1.b.
3716	Paragraph (b) does not contain a sub-subparagraph
3717	1.b.; sub-subparagraph (a)1.b., relating to failure of
3718	a product seller to use reasonable care with respect
3719	to the product, conforms to context.
3720
3721	Section 109.  Paragraph (b) of subsection (4) of section
3722	784.046, Florida Statutes, is amended to read:
3723	784.046  Action by victim of repeat violence, sexual
3724	violence, or dating violence for protective injunction; powers
3725	and duties of court and clerk of court; filing and form of
3726	petition; notice and hearing; temporary injunction; issuance;
3727	statewide verification system; enforcement.--
3728	(4)
3729	(b)  The sworn petition must be in substantially the
3730	following form:
3731
3732	PETITION FOR INJUNCTION FOR PROTECTION
3733	AGAINST REPEAT VIOLENCE, SEXUAL
3734	VIOLENCE, OR DATING VIOLENCE
3735
3736	Before me, the undersigned authority, personally appeared
3737	Petitioner   (Name)  , who has been sworn and says that the
3738	following statements are true:
3739
3740	1.  Petitioner resides at   (address)   (A petitioner for
3741	an injunction for protection against sexual violence may furnish
3742	an address to the court in a separate confidential filing if,
3743	for safety reasons, the petitioner requires the location of his
3744	or her current residence to be confidential pursuant to s.
3745	119.071(2)(j) 119.07(6)(s), Florida Statutes.)
3746	2.  Respondent resides at   (address)
3747	3.a.  Petitioner has suffered repeat violence as
3748	demonstrated by the fact that the respondent has:
3749	(enumerate incidents of violence)
3750	________________________________
3751	________________________________
3752	________________________________
3753
3754	b.  Petitioner has suffered sexual violence as demonstrated
3755	by the fact that the respondent has:   (enumerate incident of
3756	violence and include incident report number from law enforcement
3757	agency or attach notice of inmate release.)
3758
3759	________________________________
3760	________________________________
3761	________________________________
3762
3763	c.  Petitioner is a victim of dating violence and has
3764	reasonable cause to believe that he or she is in imminent danger
3765	of becoming the victim of another act of dating violence or has
3766	reasonable cause to believe that he or she is in imminent danger
3767	of becoming a victim of dating violence, as demonstrated by the
3768	fact that the respondent has:   (list the specific incident or
3769	incidents of violence and describe the length of time of the
3770	relationship, whether it has been in existence during the last 6
3771	months, the nature of the relationship of a romantic or intimate
3772	nature, the frequency and type of interaction, and any other
3773	facts that characterize the relationship.)
3774
3775	________________________________
3776	________________________________
3777	________________________________
3778
3779	4.  Petitioner genuinely fears repeat violence by the
3780	respondent.
3781	5.  Petitioner seeks: an immediate injunction against the
3782	respondent, enjoining him or her from committing any further
3783	acts of violence; an injunction enjoining the respondent from
3784	committing any further acts of violence; and an injunction
3785	providing any terms the court deems necessary for the protection
3786	of the petitioner and the petitioner's immediate family,
3787	including any injunctions or directives to law enforcement
3788	agencies.
3789
3790	Reviser's note.--Amended to conform to the
3791	redesignation of s. 119.07(6)(s) as s. 119.071(2)(j)
3792	by s. 17, ch. 2005-251, Laws of Florida.
3793
3794	Section 110.  Paragraph (p) of subsection (3) of section
3795	790.25, Florida Statutes, is amended to read:
3796	790.25  Lawful ownership, possession, and use of firearms
3797	and other weapons.--
3798	(3)  LAWFUL USES.--The provisions of ss. 790.053 and 790.06
3799	do not apply in the following instances, and, despite such
3800	sections, it is lawful for the following persons to own,
3801	possess, and lawfully use firearms and other weapons,
3802	ammunition, and supplies for lawful purposes:
3803	(p)  Investigators employed by the capital collateral
3804	regional counsel representative, while actually carrying out
3805	official duties, provided such investigators:
3806	1.  Are employed full time;
3807	2.  Meet the official training standards for firearms as
3808	established by the Criminal Justice Standards and Training
3809	Commission as provided in s. 943.12(1) and the requirements of
3810	ss. 493.6108(1)(a) and 943.13(1)-(4); and
3811	3.  Are individually designated by an affidavit of consent
3812	signed by the capital collateral regional counsel representative
3813	and filed with the clerk of the circuit court in the county in
3814	which the investigator is headquartered.
3815
3816	Reviser's note.--Amended to conform to the replacement
3817	of the capital collateral representative with capital
3818	collateral regional counsel in s. 27.701 by s. 1, ch.
3819	97-313, Laws of Florida.
3820
3821	Section 111.  Paragraph (e) of subsection (2) of section
3822	872.05, Florida Statutes, is amended to read:
3823	872.05  Unmarked human burials.--
3824	(2)  DEFINITIONS.--As used in this section:
3825	(e)  "State Archaeologist" means the person employed by the
3826	division pursuant to s. 267.031(7) 267.031(6).
3827
3828	Reviser's note.--Amended to conform to the
3829	redesignation of s. 267.031(6) as s. 267.031(7) by s.
3830	1, ch. 2004-91, Laws of Florida.
3831
3832	Section 112.  Paragraph (c) of subsection (1) of section
3833	895.09, Florida Statutes, is amended to read:
3834	895.09  Disposition of funds obtained through forfeiture
3835	proceedings.--
3836	(1)  A court entering a judgment of forfeiture in a
3837	proceeding brought pursuant to s. 895.05 shall retain
3838	jurisdiction to direct the distribution of any cash or of any
3839	cash proceeds realized from the forfeiture and disposition of
3840	the property.  The court shall direct the distribution of the
3841	funds in the following order of priority:
3842	(c)  Any claim by the Board of Trustees of the Internal
3843	Improvement Trust Fund on behalf of the Internal Improvement
3844	Trust Fund or the Land Acquisition Trust Fund pursuant to s.
3845	253.03(12) 253.03(13), not including administrative costs of the
3846	Department of Environmental Protection previously paid directly
3847	from the Internal Improvement Trust Fund in accordance with
3848	legislative appropriation.
3849
3850	Reviser's note.--Amended to conform to the
3851	redesignation of s. 253.03(13) as s. 253.03(12) by s.
3852	22, ch. 2004-234, Laws of Florida.
3853
3854	Section 113.  Paragraph (c) of subsection (1) of section
3855	938.29, Florida Statutes, is amended to read:
3856	938.29  Legal assistance; lien for payment of attorney's
3857	fees or costs.--
3858	(1)
3859	(c)  The defendant shall pay the application fee under s.
3860	27.52(1)(b) 27.52(2)(a) and attorney's fees and costs in full or
3861	in installments, at the time or times specified. The court may
3862	order payment of the assessed application fee and attorney's
3863	fees and costs as a condition of probation, of suspension of
3864	sentence, or of withholding the imposition of sentence.
3865	Attorney's fees and costs collected under this section shall be
3866	deposited into the General Revenue Fund.
3867
3868	Reviser's note.--Amended to conform to the substantial
3869	rewording of s. 27.52 by s. 3, ch. 2005-236, Laws of
3870	Florida; the application fee requirement is now in s.
3871	27.52(1)(b).
3872
3873	Section 114.  Section 943.04353, Florida Statutes, is
3874	amended to read:
3875	943.04353  Triennial study of sexual predator and sexual
3876	offender registration and notification procedures.--The Office
3877	of Program Policy Analysis and Government Accountability shall,
3878	every 3 years, perform a study of the effectiveness of Florida's
3879	sexual predator and sexual offender registration process and
3880	community and public notification provisions. As part of
3881	determining the effectiveness of the registration process,
3882	OPPAGA shall examine the current practices of: the Department of
3883	Corrections, county probation offices, clerk of courts, court
3884	administrators, county jails and booking facilities, Department
3885	of Children and Family Services, judges, state attorneys'
3886	offices, Department of Highway Safety and Motor Vehicles,
3887	Department of Law Enforcement, and local law enforcement
3888	agencies as they relate to: sharing of offender information
3889	regarding registered sexual predators and sexual offenders for
3890	purposes of fulfilling the requirements set forth fourth in the
3891	registration laws; ensuring the most accurate, current, and
3892	comprehensive information is provided in a timely manner to the
3893	registry; ensuring the effective supervision and subsequent
3894	monitoring of sexual predators and offenders; and ensuring
3895	informed decisions are made at each point of the criminal
3896	justice and registration process. In addition to determining the
3897	effectiveness of the registration process, the report shall
3898	focus on the question of whether the notification provisions in
3899	statute are sufficient to apprise communities of the presence of
3900	sexual predators and sexual offenders. The report shall examine
3901	how local law enforcement agencies collect and disseminate
3902	information in an effort to notify the public and communities of
3903	the presence of sexual predators and offenders. If the report
3904	finds deficiencies in the registration process, the notification
3905	provisions, or both, the report shall provide options for
3906	correcting those deficiencies and shall include the projected
3907	cost of implementing those options. In conducting the study, the
3908	Office of Program Policy Analysis and Government Accountability
3909	shall consult with the Florida Council Against Sexual Violence
3910	and the Florida Association for the Treatment of Sexual Abusers
3911	in addition to other interested entities that may offer
3912	experiences and perspectives unique to this area of research.
3913	The report shall be submitted to the President of the Senate and
3914	the Speaker of the House of Representatives by January 1, 2006.
3915
3916	Reviser's note.--Amended to confirm the substitution
3917	by the editors of the word "forth" for the word
3918	"fourth" to conform to context.
3919
3920	Section 115.  Subsection (4) of section 948.012, Florida
3921	Statutes, is amended to read:
3922	948.012  Split sentence of probation or community control
3923	and imprisonment.--
3924	(4)  Effective for offenses committed on or after September
3925	1, 2005, the court must impose a split sentence pursuant to
3926	subsection (1) for any person who is convicted of a life felony
3927	for lewd and lascivious molestation pursuant to s. 800.04(5)(b)
3928	if the court imposes a term of years in accordance with s.
3929	775.082(3)(a)4.b. 775.082(3)4.b. rather than life imprisonment.
3930	The probation or community control portion of the split sentence
3931	imposed by the court for a defendant must extend for the
3932	duration of the defendant's natural life and include a condition
3933	that he or she be electronically monitored.
3934
3935	Reviser's note.--Amended to correct a reference.
3936	Section 4, ch. 2005-28, Laws of Florida, added
3937	subparagraph (3)(a)4., relating to punishment for
3938	conviction of a life felony committed on or after
3939	September 1, 2005, which is a violation of s.
3940	800.04(5)(b); the subparagraph includes a sub-
3941	subparagraph a., providing for imprisonment for life,
3942	and a sub-subparagraph b., providing for a split
3943	sentence of a term of years followed by probation or
3944	community control for the remainder of the offender's
3945	life.
3946
3947	Section 116.  Paragraph (i) of subsection (1) of section
3948	948.03, Florida Statutes, is amended to read:
3949	948.03  Terms and conditions of probation.--
3950	(1)  The court shall determine the terms and conditions of
3951	probation. Conditions specified in this section do not require
3952	oral pronouncement at the time of sentencing and may be
3953	considered standard conditions of probation. These conditions
3954	may include among them the following, that the probationer or
3955	offender in community control shall:
3956	(i)  Pay any application fee assessed under s. 27.52(1)(b)
3957	27.52(2)(a) and attorney's fees and costs assessed under s.
3958	938.29, subject to modification based on change of
3959	circumstances.
3960
3961	Reviser's note.--Amended to conform to the substantial
3962	rewording of s. 27.52 by s. 3, ch. 2005-236, Laws of
3963	Florida; the application fee requirement is now in s.
3964	27.52(1)(b).
3965
3966	Section 117.  Subsection (2) of section 948.061, Florida
3967	Statutes, is amended to read:
3968	948.061  Identifying, assessing, and monitoring high-risk
3969	sex offenders on community supervision; providing cumulative
3970	criminal and supervision histories on the Internet.--
3971	(2)  To facilitate the information available to the court
3972	at first appearance hearings and at all subsequent hearings for
3973	these high-risk sex offenders, the department shall, no later
3974	than March 1, 2006, post on FDLE's Criminal Justice Intranet a
3975	cumulative chronology of the sex offender's prior terms of state
3976	probation and community control, including all substantive or
3977	technical violations of state probation or community control.
3978	The county jail in the county where the arrested person is
3979	booked shall ensure insure that state and national criminal
3980	history information and all criminal justice information
3981	available in the Florida Crime Information Center and the
3982	National Crime Information Center, is provided to the court at
3983	the time of the first appearance. The courts shall assist the
3984	department's dissemination of critical information by creating
3985	and maintaining an automated system to provide the information
3986	as specified in this subsection and by providing the necessary
3987	technology in the courtroom to deliver the information.
3988
3989	Reviser's note.--Amended to confirm the substitution
3990	by the editors of the word "ensure" for the word
3991	"insure" to conform to context.
3992
3993	Section 118.  Paragraphs (d) and (j) of subsection (1) of
3994	section 948.062, Florida Statutes, are amended to read:
3995	948.062  Reviewing and reporting serious offenses committed
3996	by offenders placed on probation or community control.--
3997	(1)  The department shall review the circumstances related
3998	to an offender placed on probation or community control who has
3999	been arrested while on supervision for the following offenses:
4000	(d)  Any kidnapping, false imprisonment, or luring of a
4001	child as provided in s. 787.01, s. 787.02 782.07, or s. 787.025;
4002	(j)  Any DUI manslaughter as provided in s. 316.193(3)(c),
4003	or vehicular or vessel homicide as provided in s. 782.071 or s.
4004	782.072 787.072, committed by any person who is on probation or
4005	community control for an offense involving death or injury
4006	resulting from a driving incident.
4007
4008	Reviser's note.--Paragraph (1)(d) is amended to
4009	correct a reference and conform to context. Section
4010	782.07 relates to manslaughter; s. 787.02 relates to
4011	false imprisonment. Paragraph (1)(j) is amended to
4012	correct a reference and conform to context. Section
4013	787.072 does not exist; s. 782.072 relates to vessel
4014	homicide.
4015
4016	Section 119.  Paragraph (b) of subsection (7) of section
4017	1008.25, Florida Statutes, is amended to read:
4018	1008.25  Public school student progression; remedial
4019	instruction; reporting requirements.--
4020	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
4021	(b)  Beginning with the 2004-2005 school year, each school
4022	district shall:
4023	1.  Conduct a review of student academic improvement plans
4024	for all students who did not score above Level 1 on the reading
4025	portion of the FCAT and did not meet the criteria for one of the
4026	good cause exemptions in paragraph (6)(b). The review shall
4027	address additional supports and services, as described in this
4028	subsection, needed to remediate the identified areas of reading
4029	deficiency. The school district shall require a student
4030	portfolio to be completed for each such student.
4031	2.  Provide students who are retained under the provisions
4032	of paragraph (5)(b) with intensive instructional services and
4033	supports to remediate the identified areas of reading
4034	deficiency, including a minimum of 90 minutes of daily,
4035	uninterrupted, scientifically research-based reading instruction
4036	and other strategies prescribed by the school district, which
4037	may include, but are not limited to:
4038	a.  Small group instruction.
4039	b.  Reduced teacher-student ratios.
4040	c.  More frequent progress monitoring.
4041	d.  Tutoring or mentoring.
4042	e.  Transition classes containing 3rd and 4th grade
4043	students.
4044	f.  Extended school day, week, or year.
4045	g.  Summer reading camps.
4046	3.  Provide written notification to the parent of any
4047	student who is retained under the provisions of paragraph (5)(b)
4048	that his or her child has not met the proficiency level required
4049	for promotion and the reasons the child is not eligible for a
4050	good cause exemption as provided in paragraph (6)(b). The
4051	notification must comply with the provisions of s. 1002.20(15)
4052	1002.20(14) and must include a description of proposed
4053	interventions and supports that will be provided to the child to
4054	remediate the identified areas of reading deficiency.
4055	4.  Implement a policy for the midyear promotion of any
4056	student retained under the provisions of paragraph (5)(b) who
4057	can demonstrate that he or she is a successful and independent
4058	reader, reading at or above grade level, and ready to be
4059	promoted to grade 4. Tools that school districts may use in
4060	reevaluating any student retained may include subsequent
4061	assessments, alternative assessments, and portfolio reviews, in
4062	accordance with rules of the State Board of Education. Students
4063	promoted during the school year after November 1 must
4064	demonstrate proficiency above that required to score at Level 2
4065	on the grade 3 FCAT, as determined by the State Board of
4066	Education. The State Board of Education shall adopt standards
4067	that provide a reasonable expectation that the student's
4068	progress is sufficient to master appropriate 4th grade level
4069	reading skills.
4070	5.  Provide students who are retained under the provisions
4071	of paragraph (5)(b) with a high-performing teacher as determined
4072	by student performance data and above-satisfactory performance
4073	appraisals.
4074	6.  In addition to required reading enhancement and
4075	acceleration strategies, provide parents of students to be
4076	retained with at least one of the following instructional
4077	options:
4078	a.  Supplemental tutoring in scientifically research-based
4079	reading services in addition to the regular reading block,
4080	including tutoring before and/or after school.
4081	b.  A "Read at Home" plan outlined in a parental contract,
4082	including participation in "Families Building Better Readers
4083	Workshops" and regular parent-guided home reading.
4084	c.  A mentor or tutor with specialized reading training.
4085	7.  Establish a Reading Enhancement and Acceleration
4086	Development (READ) Initiative. The focus of the READ Initiative
4087	shall be to prevent the retention of grade 3 students and to
4088	offer intensive accelerated reading instruction to grade 3
4089	students who failed to meet standards for promotion to grade 4
4090	and to each K-3 student who is assessed as exhibiting a reading
4091	deficiency. The READ Initiative shall:
4092	a.  Be provided to all K-3 students at risk of retention as
4093	identified by the statewide assessment system used in Reading
4094	First schools. The assessment must measure phonemic awareness,
4095	phonics, fluency, vocabulary, and comprehension.
4096	b.  Be provided during regular school hours in addition to
4097	the regular reading instruction.
4098	c.  Provide a state-identified reading curriculum that has
4099	been reviewed by the Florida Center for Reading Research at
4100	Florida State University and meets, at a minimum, the following
4101	specifications:
4102	(I)  Assists students assessed as exhibiting a reading
4103	deficiency in developing the ability to read at grade level.
4104	(II)  Provides skill development in phonemic awareness,
4105	phonics, fluency, vocabulary, and comprehension.
4106	(III)  Provides scientifically based and reliable
4107	assessment.
4108	(IV)  Provides initial and ongoing analysis of each
4109	student's reading progress.
4110	(V)  Is implemented during regular school hours.
4111	(VI)  Provides a curriculum in core academic subjects to
4112	assist the student in maintaining or meeting proficiency levels
4113	for the appropriate grade in all academic subjects.
4114	8.  Establish at each school, where applicable, an
4115	Intensive Acceleration Class for retained grade 3 students who
4116	subsequently score at Level 1 on the reading portion of the
4117	FCAT. The focus of the Intensive Acceleration Class shall be to
4118	increase a child's reading level at least two grade levels in 1
4119	school year. The Intensive Acceleration Class shall:
4120	a.  Be provided to any student in grade 3 who scores at
4121	Level 1 on the reading portion of the FCAT and who was retained
4122	in grade 3 the prior year because of scoring at Level 1 on the
4123	reading portion of the FCAT.
4124	b.  Have a reduced teacher-student ratio.
4125	c.  Provide uninterrupted reading instruction for the
4126	majority of student contact time each day and incorporate
4127	opportunities to master the grade 4 Sunshine State Standards in
4128	other core subject areas.
4129	d.  Use a reading program that is scientifically research-
4130	based and has proven results in accelerating student reading
4131	achievement within the same school year.
4132	e.  Provide intensive language and vocabulary instruction
4133	using a scientifically research-based program, including use of
4134	a speech-language therapist.
4135	f.  Include weekly progress monitoring measures to ensure
4136	progress is being made.
4137	g.  Report to the Department of Education, in the manner
4138	described by the department, the progress of students in the
4139	class at the end of the first semester.
4140	9.  Report to the State Board of Education, as requested,
4141	on the specific intensive reading interventions and supports
4142	implemented at the school district level. The Commissioner of
4143	Education shall annually prescribe the required components of
4144	requested reports.
4145	10.  Provide a student who has been retained in grade 3 and
4146	has received intensive instructional services but is still not
4147	ready for grade promotion, as determined by the school district,
4148	the option of being placed in a transitional instructional
4149	setting. Such setting shall specifically be designed to produce
4150	learning gains sufficient to meet grade 4 performance standards
4151	while continuing to remediate the areas of reading deficiency.
4152
4153	Reviser's note.--Amended to conform to the
4154	redesignation of s. 1002.20(14) as s. 1002.20(15) by
4155	s. 5, ch. 2004-42, Laws of Florida.
4156
4157	Section 120.  Subsection (7) of section 1013.30, Florida
4158	Statutes, is amended to read:
4159	1013.30  University campus master plans and campus
4160	development agreements.--
4161	(7)  Notice that the campus master plan has been adopted
4162	must be forwarded within 45 days after its adoption to any
4163	affected person that submitted comments on the draft campus
4164	master plan. The notice must state how and where a copy of the
4165	master plan may be obtained or inspected. Within 30 days after
4166	receipt of the notice of adoption of the campus master plan, or
4167	30 days after the date the adopted plan is available for review,
4168	whichever is later, an affected person who submitted comments on
4169	the draft master plan may petition the university board of
4170	trustees, challenging the campus master plan as not being in
4171	compliance with this section or any rule adopted under this
4172	section. The petition must state each objection, identify its
4173	source, and provide a recommended action. A petition filed by an
4174	affected local government may raise only those issues directly
4175	pertaining to the public facilities or services that the
4176	affected local government provides to or maintains within the
4177	campus or to the direct impact that campus development would
4178	have on the affected local government. A petition filed by an
4179	affected person must include those items required by the uniform
4180	rules adopted under s. 120.54(5). Any affected person who files
4181	a petition under this subsection may challenge only those
4182	provisions in the plan that were raised by that person's oral or
4183	written comments, recommendations, or objections presented to
4184	the university board of trustees, as required by paragraph
4185	(2)(b) s. 1013.30(1)(b). The university may, during the pendency
4186	of a challenge, negotiate a campus development agreement as
4187	provided in subsection (11).
4188
4189	Reviser's note.--Amended to confirm the substitution
4190	by the editors of a reference to paragraph (2)(b) for
4191	a reference to "s. 1013.30(1)(b)," which does not
4192	exist. Paragraph (2)(b) defines the term "affected
4193	person."
4194
4195	Section 121.  Except as otherwise provided herein, this act
4196	shall take effect on the 60th day after adjournment sine die of
4197	the session of the Legislature in which enacted.

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