HB 7003

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	11.0451, 39.5085, 39.6013, 39.6221, 61.076, 63.032,
4	110.1155, 112.32151, 163.370, 166.271, 171.205, 189.4155,
5	195.096, 196.012, 201.0205, 202.24, 205.1975, 212.08,
6	213.053, 213.0535, 215.82, 218.64, 220.181, 220.183,
7	250.01, 250.82, 250.84, 252.35, 255.25001, 259.1053,
8	260.016, 287.0574, 288.039, 288.1045, 288.106, 288.90151,
9	290.0057, 290.0072, 320.77, 322.2615, 328.64, 331.312,
10	331.313, 331.316, 331.319, 331.324, 336.68, 341.840,
11	366.93, 370.063, 375.065, 376.30, 376.301, 376.303,
12	376.305, 376.307, 376.3071, 376.3075, 376.30781, 376.3079,
13	376.308, 376.309, 376.313, 376.315, 376.317, 376.82,
14	376.84, 380.06, 380.23, 381.028, 400.0073, 400.0074,
15	400.0075, 400.506, 402.164, 403.091, 403.5175, 403.526,
16	403.5271, 403.528, 403.7043, 403.708, 408.036, 408.802,
17	408.803, 408.806, 408.820, 408.832, 409.1685, 409.221,
18	409.908, 409.912, 409.91211, 419.001, 421.49, 429.07,
19	429.35, 429.69, 429.73, 429.903, 429.909, 429.915,
20	429.919, 435.03, 435.04, 456.072, 458.348, 458.3485,
21	459.025, 482.242, 483.285, 489.127, 489.128, 489.131,
22	489.532, 497.461, 499.029, 500.511, 501.016, 501.143,
23	501.160, 509.233, 516.05, 551.101, 559.939, 607.0130,
24	607.193, 620.2113, 620.2118, 620.8911, 624.5105, 626.022,
25	626.171, 626.935, 626.9912, 627.351, 627.6617, 633.0245,
26	679.4031, 679.707, 727.109, 736.1001, 736.1209, 743.09,
27	775.21, 794.056, 817.36, 827.06, 847.001, 849.09, 849.15,
28	921.0022, 933.07, 943.0435, 943.325, 944.606, 944.607,
29	984.19, 985.483, 985.565, 1001.25, 1001.73, 1002.01,
30	1002.20, 1002.335, 1003.51, 1004.28, 1008.33, 1008.345,
31	1011.62, 1011.71, 1012.21, 1012.22, 1013.11, and 1013.721,
32	F.S.; reenacting and amending s. 215.559, F.S.; reenacting
33	ss. 316.006 and 1008.22, F.S.; and repealing ss. 253.421,
34	253.422, 288.1231, 288.1232, 288.1233, 288.1235, 288.1236,
35	288.1237, and 947.022, F.S.; pursuant to s. 11.242, F.S.;
36	deleting provisions that have expired, have become
37	obsolete, have had their effect, have served their
38	purpose, or have been impliedly repealed or superseded;
39	replacing incorrect cross-references and citations;
40	correcting grammatical, typographical, and like errors;
41	removing inconsistencies, redundancies, and unnecessary
42	repetition in the statutes; improving the clarity of the
43	statutes and facilitating their correct interpretation;
44	confirming the restoration of provisions unintentionally
45	omitted from republication in the acts of the Legislature
46	during the amendatory process; and conforming to the
47	directive of the Legislature in s. 1, ch. 93-199, Laws of
48	Florida, to remove gender-specific references applicable
49	to human beings from the Florida Statutes without
50	substantive change in legal effect; providing an effective
51	date.
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  Section 11.0451, Florida Statutes, is amended
56	to read:
57	11.0451  Requirements for reinstitution of lobbyist
58	registration after felony conviction.--A person convicted of a
59	felony after January 1, 2006, may not be registered as a
60	lobbyist pursuant to s. 11.045 or s. 112.3125 until the person:
61	(1)  Has been released from incarceration and any
62	postconviction supervision, and has paid all court costs and
63	court-ordered restitution; and
64	(2)  Has had his or her civil rights restored.
65
66	Reviser's note.--Amended to delete redundancy in the
67	statutes, as such prohibition relating to executive
68	branch lobbyist registration already exists in s.
69	112.32151.
70
71	Section 2.  Paragraph (a) of subsection (2) of section
72	39.5085, Florida Statutes, is amended to read:
73	39.5085  Relative Caregiver Program.--
74	(2)(a)  The Department of Children and Family Services
75	shall establish and operate the Relative Caregiver Program
76	pursuant to eligibility guidelines established in this section
77	as further implemented by rule of the department. The Relative
78	Caregiver Program shall, within the limits of available funding,
79	provide financial assistance to:
80	1.  Relatives who are within the fifth degree by blood or
81	marriage to the parent or stepparent of a child and who are
82	caring full-time for that dependent child in the role of
83	substitute parent as a result of a court's determination of
84	child abuse, neglect, or abandonment and subsequent placement
85	with the relative under this chapter.
86	2.  Relatives who are within the fifth degree by blood or
87	marriage to the parent or stepparent of a child and who are
88	caring full-time for that dependent child, and a dependent half-
89	brother or half-sister of that dependent child, in the role of
90	substitute parent as a result of a court's determination of
91	child abuse, neglect, or abandonment and subsequent placement
92	with the relative under this chapter.
93
94	The placement may be court-ordered temporary legal custody to
95	the relative under protective supervision of the department
96	pursuant to s. 39.521(1)(b)3., or court-ordered placement in the
97	home of a relative as a permanency option under s. 39.6221 or s.
98	39.6231 or under former s. 39.622 if the placement was made
99	before July 1, 2006. The Relative Caregiver Program shall offer
100	financial assistance to caregivers who are relatives and who
101	would be unable to serve in that capacity without the relative
102	caregiver payment because of financial burden, thus exposing the
103	child to the trauma of placement in a shelter or in foster care.
104
105	Reviser's note.--Amended to conform to the repeal of
106	s. 39.622 by s. 35, ch. 2006-86, Laws of Florida.
107
108	Section 3.  Subsection (7) of section 39.6013, Florida
109	Statutes, is amended to read:
110	39.6013  Case plan amendments.--
111	(7)  Amendments must include service interventions that are
112	the least intrusive into the life of the parent and child, must
113	focus on clearly defined objectives, and must provide the most
114	efficient path to quick reunification or permanent placement
115	given the circumstances of the case and the child's need for
116	safe and proper care. A copy of the amended plan must be
117	immediately given to the persons identified in s. 39.6011(6)(b)
118	39.601(1).
119
120	Reviser's note.--Amended to conform to the repeal of
121	s. 39.601 by s. 35, ch. 2006-86, Laws of Florida; s.
122	39.6011(6)(b), created by s. 15, ch. 2006-86,
123	references persons who must receive case plan copies.
124
125	Section 4.  Subsection (3) of section 39.6221, Florida
126	Statutes, is amended to read:
127	39.6221  Permanent guardianship of a dependent child.--
128	(3)  The court shall give the permanent guardian a separate
129	order establishing the authority of the permanent guardian to
130	care for the child, reciting what powers and duties listed in
131	paragraph (2)(g) belong to the permanent guardian and providing
132	any other information the court deems proper which can be
133	provided to persons who are not parties to the proceeding as
134	necessary, notwithstanding the confidentiality provisions of s.
135	39.202.
136
137	Reviser's note.--Amended to conform to the fact that
138	paragraph (2)(g) does not exist; the original version
139	of s. 39.6221, as created by Senate Bill 1080, 2006
140	Regular Session, did include a paragraph (2)(g)
141	containing a list of powers and duties, but that
142	paragraph was deleted from the bill before passage.
143
144	Section 5.  Paragraph (b) of subsection (2) of section
145	61.076, Florida Statutes, is amended to read:
146	61.076  Distribution of retirement plans upon dissolution
147	of marriage.--
148	(2)  If the parties were married for at least 10 years,
149	during which at least one of the parties who was a member of the
150	federal uniformed services performed at least 10 years of
151	creditable service, and if the division of marital property
152	includes a division of uniformed services retired or retainer
153	pay, the final judgment shall include the following:
154	(b)  Certification that the Servicemembers' Soldiers' and
155	Sailors' Civil Relief Act of 1940 was observed if the decree was
156	issued while the member was on active duty and was not
157	represented in court;
158
159	Reviser's note.--Amended to conform to the
160	redesignation of the federal act in Title 50 United
161	States Code.
162
163	Section 6.  Subsection (17) of section 63.032, Florida
164	Statutes, is amended to read:
165	63.032  Definitions.--As used in this chapter, the term:
166	(17)  "Primarily lives and works outside Florida" means a
167	person who lives and works outside this state at least 6 months
168	of the year, military personnel who designate Florida as their
169	place of residence in accordance with the Servicemembers'
170	Soldiers' and Sailors' Civil Relief Act of 1940, or employees of
171	the United States Department of State living in a foreign
172	country who designate a state other than Florida as their place
173	of residence.
174
175	Reviser's note.--Amended to conform to the
176	redesignation of the federal act in Title 50 United
177	States Code.
178
179	Section 7.  Subsection (1) of section 110.1155, Florida
180	Statutes, is amended to read:
181	110.1155  Travel to or conducting business with a country
182	in the Western Hemisphere lacking diplomatic relations with the
183	United States.--
184	(1)  An officer, employee, agent, or representative of:
185	(a)  A state agency;
186	(b)  A political subdivision of the state; or
187	(c)  A corporation, partnership, association, or other
188	entity that does business or contracts with a state agency,
189	receives state funds, or claims a credit against any tax imposed
190	by the state
191
192	may not travel to or do business with any country located in the
193	Western Hemisphere which lacks diplomatic relations with the
194	United States.
195
196	Reviser's note.--Material regarding a prohibition of
197	travel or doing business with any country meeting
198	specifications set out at the end of what was
199	paragraph (1)(c) was placed in a flush left paragraph
200	at the end of subsection (1) to apply to the listed
201	items in paragraphs (a)-(c) to provide clarity and
202	facilitate correct interpretation.
203
204	Section 8.  Section 112.32151, Florida Statutes, is amended
205	to read:
206	112.32151  Requirements for reinstitution of lobbyist
207	registration after felony conviction.--A person convicted of a
208	felony after January 1, 2006, may not be registered as a
209	lobbyist pursuant to s. 112.3215 11.045 or s. 112.3125 until the
210	person:
211	(1)  Has been released from incarceration and any
212	postconviction supervision, and has paid all court costs and
213	court-ordered restitution; and
214	(2)  Has had his or her civil rights restored.
215
216	Reviser's note.--Amended to delete redundancy in the
217	statutes, as such prohibition relating to legislative
218	lobbyist registration already exists in s. 11.0451,
219	and to confirm the editorial substitution of a
220	reference to s. 112.3215 for a reference to
221	nonexistent s. 112.3125; s. 112.3215 relates to
222	registration of lobbyists who lobby before the
223	executive branch or Constitution Revision Commission.
224
225	Section 9.  Paragraph (a) of subsection (4) of section
226	163.370, Florida Statutes, is amended to read:
227	163.370  Powers; counties and municipalities; community
228	redevelopment agencies.--
229	(4)  With the approval of the governing body, a community
230	redevelopment agency may:
231	(a)  Prior to approval of a community redevelopment plan or
232	approval of any modifications of the plan, acquire real property
233	in a community redevelopment area by purchase, lease, option,
234	gift, grant, bequest, devise, or other voluntary method of
235	acquisition; demolish and remove any structures on the property;
236	and pay all costs related to the acquisition, demolition, or
237	removal, including any administrative or relocation expenses,
238	provided such acquisition is not pursuant to s. 163.375.
239
240	Reviser's note.--Amended to conform to the repeal of
241	s. 163.375 by s. 11, ch. 2006-11, Laws of Florida.
242
243	Section 10.  Subsection (1) and paragraph (a) of subsection
244	(2) of section 166.271, Florida Statutes, are amended to read:
245	166.271  Surcharge on municipal facility parking fees.--
246	(1)  The governing authority of any municipality with a
247	resident population of 200,000 or more, more than 20 percent of
248	the real property of which is exempt from ad valorem taxes, and
249	which is located in a county with a population of more than
250	500,000 may impose and collect, subject to referendum approval
251	by voters in the municipality, a discretionary per vehicle
252	surcharge of up to 15 percent of the amount charged for the
253	sale, lease, or rental of space at parking facilities within the
254	municipality which are open for use to the general public and
255	which are not airports, seaports, county administration
256	buildings, or other projects as defined under ss. 125.011 and
257	125.015, provided that this surcharge shall not take effect
258	while any surcharge imposed pursuant to s. 218.503(6)(a)
259	218.503(5)(a), is in effect.
260	(2)  A municipal governing authority that imposes the
261	surcharge authorized by this subsection may use the proceeds of
262	such surcharge for the following purposes only:
263	(a)  No less than 60 percent and no more than 80 percent of
264	surcharge proceeds shall be used to reduce the municipality's ad
265	valorem tax millage or to reduce or eliminate non-ad valorem
266	assessments, unless the municipality has previously used the
267	proceeds from the surcharge levied under s. 218.503(6)(b)
268	218.503(5)(b) to reduce the municipality's ad valorem tax
269	millage or to reduce non-ad valorem assessments.
270
271	Reviser's note.--Amended to conform to the addition of
272	new s. 218.503(4) and the redesignation of following
273	subunits by s. 5, ch. 2006-190, Laws of Florida.
274
275	Section 11.  Subsection (2) of section 171.205, Florida
276	Statutes, is amended to read:
277	171.205  Consent requirements for annexation of land under
278	this part.--Notwithstanding part I, an interlocal service
279	boundary agreement may provide a process for annexation
280	consistent with this section or with part I.
281	(2)  If the area to be annexed includes a privately owned
282	solid waste disposal facility as defined in s. 403.703(11) which
283	receives municipal solid waste collected within the jurisdiction
284	of multiple local governments, the annexing municipality must
285	set forth in its plan the effects affects that the annexation of
286	the solid waste disposal facility will have on the other local
287	governments. The plan must also indicate that the owner of the
288	affected solid waste disposal facility has been contacted in
289	writing concerning the annexation, that an agreement between the
290	annexing municipality and the solid waste disposal facility to
291	govern the operations of the solid waste disposal facility if
292	the annexation occurs has been approved, and that the owner of
293	the solid waste disposal facility does not object to the
294	proposed annexation.
295
296	Reviser's note.--Amended to confirm the editorial
297	substitution of the word "effects" for the word
298	"affects" to conform to context.
299
300	Section 12.  Subsection (6) of section 189.4155, Florida
301	Statutes, is amended to read:
302	189.4155  Activities of special districts; local government
303	comprehensive planning.--
304	(6)  Any independent district created under a special act
305	or general law, including, but not limited to, this chapter,
306	chapter 190, chapter 191, or chapter 298, for the purpose of
307	providing urban infrastructure or of services may provide
308	housing and housing assistance for its employed personnel whose
309	total annual household income does not exceed 140 percent of the
310	area median income, adjusted for family size.
311
312	Reviser's note.--Amended to confirm the editorial
313	substitution of the word "or" for the word "of" to
314	conform to context.
315
316	Section 13.  Paragraph (f) of subsection (2) of section
317	195.096, Florida Statutes, is amended to read:
318	195.096  Review of assessment rolls.--
319	(2)  The department shall conduct, no less frequently than
320	once every 2 years, an in-depth review of the assessment rolls
321	of each county. The department need not individually study every
322	use-class of property set forth in s. 195.073, but shall at a
323	minimum study the level of assessment in relation to just value
324	of each classification specified in subsection (3). Such in-
325	depth review may include proceedings of the value adjustment
326	board and the audit or review of procedures used by the counties
327	to appraise property.
328	(f)  Within 120 days following the receipt of a county
329	assessment roll by the executive director of the department
330	pursuant to s. 193.1142(1), or within 10 days after approval of
331	the assessment roll, whichever is later, the department shall
332	complete the review for that county and forward its findings,
333	including a statement of the confidence interval for the median
334	and such other measures as may be appropriate for each
335	classification or subclassification studied and for the roll as
336	a whole, employing a 95-percent level of confidence, and related
337	statistical and analytical details to the Senate and the House
338	of Representatives committees with oversight responsibilities
339	for taxation, and the appropriate property appraiser. Upon
340	releasing its findings, the department shall notify the
341	chairperson of the appropriate county commission or the
342	corresponding official under a consolidated charter that the
343	department's findings are available upon request. The department
344	shall, within 90 days after receiving a written request from the
345	chairperson of the appropriate county commission or the
346	corresponding official under a consolidated charter, forward a
347	copy of its findings, including the confidence interval for the
348	median and such other measures of each classification or
349	subclassification studied studies and for all the roll as a
350	whole, and related statistical and analytical details, to the
351	requesting party.
352
353	Reviser's note.--Amended to confirm the editorial
354	substitution of the word "studied" for the word
355	"studies" to conform to context.
356
357	Section 14.  Subsection (6) of section 196.012, Florida
358	Statutes, is amended to read:
359	196.012  Definitions.--For the purpose of this chapter, the
360	following terms are defined as follows, except where the context
361	clearly indicates otherwise:
362	(6)  Governmental, municipal, or public purpose or function
363	shall be deemed to be served or performed when the lessee under
364	any leasehold interest created in property of the United States,
365	the state or any of its political subdivisions, or any
366	municipality, agency, special district, authority, or other
367	public body corporate of the state is demonstrated to perform a
368	function or serve a governmental purpose which could properly be
369	performed or served by an appropriate governmental unit or which
370	is demonstrated to perform a function or serve a purpose which
371	would otherwise be a valid subject for the allocation of public
372	funds. For purposes of the preceding sentence, an activity
373	undertaken by a lessee which is permitted under the terms of its
374	lease of real property designated as an aviation area on an
375	airport layout plan which has been approved by the Federal
376	Aviation Administration and which real property is used for the
377	administration, operation, business offices and activities
378	related specifically thereto in connection with the conduct of
379	an aircraft full service fixed base operation which provides
380	goods and services to the general aviation public in the
381	promotion of air commerce shall be deemed an activity which
382	serves a governmental, municipal, or public purpose or function.
383	Any activity undertaken by a lessee which is permitted under the
384	terms of its lease of real property designated as a public
385	airport as defined in s. 332.004(14) by municipalities,
386	agencies, special districts, authorities, or other public bodies
387	corporate and public bodies politic of the state, a spaceport as
388	defined in s. 331.303, or which is located in a deepwater port
389	identified in s. 403.021(9)(b) and owned by one of the foregoing
390	governmental units, subject to a leasehold or other possessory
391	interest of a nongovernmental lessee that is deemed to perform
392	an aviation, airport, aerospace, maritime, or port purpose or
393	operation shall be deemed an activity that serves a
394	governmental, municipal, or public purpose. The use by a lessee,
395	licensee, or management company of real property or a portion
396	thereof as a convention center, visitor center, sports facility
397	with permanent seating, concert hall, arena, stadium, park, or
398	beach is deemed a use that serves a governmental, municipal, or
399	public purpose or function when access to the property is open
400	to the general public with or without a charge for admission. If
401	property deeded to a municipality by the United States is
402	subject to a requirement that the Federal Government, through a
403	schedule established by the Secretary of the Interior, determine
404	that the property is being maintained for public historic
405	preservation, park, or recreational purposes and if those
406	conditions are not met the property will revert back to the
407	Federal Government, then such property shall be deemed to serve
408	a municipal or public purpose. The term "governmental purpose"
409	also includes a direct use of property on federal lands in
410	connection with the Federal Government's Space Exploration
411	Program or spaceport activities as defined in s. 212.02(22).
412	Real property and tangible personal property owned by the
413	Federal Government or Space Florida and used for defense and
414	space exploration purposes or which is put to a use in support
415	thereof shall be deemed to perform an essential national
416	governmental purpose and shall be exempt. "Owned by the lessee"
417	as used in this chapter does not include personal property,
418	buildings, or other real property improvements used for the
419	administration, operation, business offices and activities
420	related specifically thereto in connection with the conduct of
421	an aircraft full service fixed based operation which provides
422	goods and services to the general aviation public in the
423	promotion of air commerce provided that the real property is
424	designated as an aviation area on an airport layout plan
425	approved by the Federal Aviation Administration. For purposes of
426	determination of "ownership," buildings and other real property
427	improvements which will revert to the airport authority or other
428	governmental unit upon expiration of the term of the lease shall
429	be deemed "owned" by the governmental unit and not the lessee.
430	Providing two-way telecommunications services to the public for
431	hire by the use of a telecommunications facility, as defined in
432	s. 364.02(15), and for which a certificate is required under
433	chapter 364 does not constitute an exempt use for purposes of s.
434	196.199, unless the telecommunications services are provided by
435	the operator of a public-use airport, as defined in s. 332.004,
436	for the operator's provision of telecommunications services for
437	the airport or its tenants, concessionaires, or licensees, or
438	unless the telecommunications services are provided by a public
439	hospital. However, property that is being used to provide such
440	telecommunications services on or before October 1, 1997, shall
441	remain exempt, but such exemption expires October 1, 2004.
442
443	Reviser's note.--Amended to delete a provision that
444	has served its purpose.
445
446	Section 15.  Section 201.0205, Florida Statutes, is amended
447	to read:
448	201.0205  Counties that have implemented ch. 83-220;
449	inapplicability of 10-cent tax increase by s. 2, ch. 92-317,
450	Laws of Florida.--The 10-cent tax increase in the documentary
451	stamp tax levied by s. 2, chapter 92-317, does not apply to
452	deeds and other taxable instruments relating to real property
453	located in any county that has implemented the provisions of
454	chapter 83-220, Laws of Florida, as amended by chapters 84-270,
455	86-152, and 89-252, Laws of Florida. Each such county and each
456	eligible jurisdiction within such county shall not be eligible
457	to participate in programs funded pursuant to s. 201.15(9)
458	201.15(6). However, each such county and each eligible
459	jurisdiction within such county shall be eligible to participate
460	in programs funded pursuant to s. 201.15(10) 201.15(7).
461
462	Reviser's note.--Amended to conform to the
463	redesignation of subunits within s. 201.15 by s. 2,
464	ch. 99-247, Laws of Florida.
465
466	Section 16.  Paragraph (c) of subsection (2) of section
467	202.24, Florida Statutes, is amended to read:
468	202.24  Limitations on local taxes and fees imposed on
469	dealers of communications services.--
470	(2)
471	(c)  This subsection does not apply to:
472	1.  Local communications services taxes levied under this
473	chapter.
474	2.  Ad valorem taxes levied pursuant to chapter 200.
475	3.  Business Occupational license taxes levied under
476	chapter 205.
477	4.  "911" service charges levied under chapter 365.
478	5.  Amounts charged for the rental or other use of property
479	owned by a public body which is not in the public rights-of-way
480	to a dealer of communications services for any purpose,
481	including, but not limited to, the placement or attachment of
482	equipment used in the provision of communications services.
483	6.  Permit fees of general applicability which are not
484	related to placing or maintaining facilities in or on public
485	roads or rights-of-way.
486	7.  Permit fees related to placing or maintaining
487	facilities in or on public roads or rights-of-way pursuant to s.
488	337.401.
489	8.  Any in-kind requirements, institutional networks, or
490	contributions for, or in support of, the use or construction of
491	public, educational, or governmental access facilities allowed
492	under federal law and imposed on providers of cable service
493	pursuant to any ordinance or agreement. Nothing in this
494	subparagraph shall prohibit the ability of providers of cable
495	service to recover such expenses as allowed under federal law.
496	9.  Special assessments and impact fees.
497	10.  Pole attachment fees that are charged by a local
498	government for attachments to utility poles owned by the local
499	government.
500	11.  Utility service fees or other similar user fees for
501	utility services.
502	12.  Any other generally applicable tax, fee, charge, or
503	imposition authorized by general law on July 1, 2000, which is
504	not specifically prohibited by this subsection or included as a
505	replaced revenue source in s. 202.20.
506
507	Reviser's note.--Amended to conform to the
508	redesignation of occupational license taxes in chapter
509	205 as business taxes by ch. 2006-152, Laws of
510	Florida.
511
512	Section 17.  Section 205.1975, Florida Statutes, is amended
513	to read:
514	205.1975  Household moving services; consumer
515	protection.--A county or municipality may not issue or renew a
516	business tax receipt occupational license for the operation of a
517	mover or moving broker under chapter 507 unless the mover or
518	broker exhibits a current registration from the Department of
519	Agriculture and Consumer Services.
520
521	Reviser's note.--Amended to confirm the editorial
522	substitution of the term "business tax receipt" for
523	the term "occupational license" to conform to usage
524	throughout chapter 205 as amended by ch. 2006-152,
525	Laws of Florida.
526
527	Section 18.  Paragraph (p) of subsection (5) of section
528	212.08, Florida Statutes, is amended to read:
529	212.08  Sales, rental, use, consumption, distribution, and
530	storage tax; specified exemptions.--The sale at retail, the
531	rental, the use, the consumption, the distribution, and the
532	storage to be used or consumed in this state of the following
533	are hereby specifically exempt from the tax imposed by this
534	chapter.
535	(5)  EXEMPTIONS; ACCOUNT OF USE.--
536	(p)  Community contribution tax credit for donations.--
537	1.  Authorization.--Persons who are registered with the
538	department under s. 212.18 to collect or remit sales or use tax
539	and who make donations to eligible sponsors are eligible for tax
540	credits against their state sales and use tax liabilities as
541	provided in this paragraph:
542	a.  The credit shall be computed as 50 percent of the
543	person's approved annual community contribution.
544	b.  The credit shall be granted as a refund against state
545	sales and use taxes reported on returns and remitted in the 12
546	months preceding the date of application to the department for
547	the credit as required in sub-subparagraph 3.c. If the annual
548	credit is not fully used through such refund because of
549	insufficient tax payments during the applicable 12-month period,
550	the unused amount may be included in an application for a refund
551	made pursuant to sub-subparagraph 3.c. in subsequent years
552	against the total tax payments made for such year. Carryover
553	credits may be applied for a 3-year period without regard to any
554	time limitation that would otherwise apply under s. 215.26.
555	c.  A person may not receive more than $200,000 in annual
556	tax credits for all approved community contributions made in any
557	one year.
558	d.  All proposals for the granting of the tax credit
559	require the prior approval of the Office of Tourism, Trade, and
560	Economic Development.
561	e.  The total amount of tax credits which may be granted
562	for all programs approved under this paragraph, s. 220.183, and
563	s. 624.5105 is $10.5 million annually for projects that provide
564	homeownership opportunities for low-income or very-low-income
565	households as defined in s. 420.9071(19) and (28) and $3.5
566	million annually for all other projects.
567	f.  A person who is eligible to receive the credit provided
568	for in this paragraph, s. 220.183, or s. 624.5105 may receive
569	the credit only under the one section of the person's choice.
570	2.  Eligibility requirements.--
571	a.  A community contribution by a person must be in the
572	following form:
573	(I)  Cash or other liquid assets;
574	(II)  Real property;
575	(III)  Goods or inventory; or
576	(IV)  Other physical resources as identified by the Office
577	of Tourism, Trade, and Economic Development.
578	b.  All community contributions must be reserved
579	exclusively for use in a project. As used in this sub-
580	subparagraph, the term "project" means any activity undertaken
581	by an eligible sponsor which is designed to construct, improve,
582	or substantially rehabilitate housing that is affordable to low-
583	income or very-low-income households as defined in s.
584	420.9071(19) and (28); designed to provide commercial,
585	industrial, or public resources and facilities; or designed to
586	improve entrepreneurial and job-development opportunities for
587	low-income persons. A project may be the investment necessary to
588	increase access to high-speed broadband capability in rural
589	communities with enterprise zones, including projects that
590	result in improvements to communications assets that are owned
591	by a business. A project may include the provision of museum
592	educational programs and materials that are directly related to
593	any project approved between January 1, 1996, and December 31,
594	1999, and located in an enterprise zone designated pursuant to
595	s. 290.0065. This paragraph does not preclude projects that
596	propose to construct or rehabilitate housing for low-income or
597	very-low-income households on scattered sites. With respect to
598	housing, contributions may be used to pay the following eligible
599	low-income and very-low-income housing-related activities:
600	(I)  Project development impact and management fees for
601	low-income or very-low-income housing projects;
602	(II)  Down payment and closing costs for eligible persons,
603	as defined in s. 420.9071(19) and (28);
604	(III)  Administrative costs, including housing counseling
605	and marketing fees, not to exceed 10 percent of the community
606	contribution, directly related to low-income or very-low-income
607	projects; and
608	(IV)  Removal of liens recorded against residential
609	property by municipal, county, or special district local
610	governments when satisfaction of the lien is a necessary
611	precedent to the transfer of the property to an eligible person,
612	as defined in s. 420.9071(19) and (28), for the purpose of
613	promoting home ownership. Contributions for lien removal must be
614	received from a nonrelated third party.
615	c.  The project must be undertaken by an "eligible
616	sponsor," which includes:
617	(I)  A community action program;
618	(II)  A nonprofit community-based development organization
619	whose mission is the provision of housing for low-income or
620	very-low-income households or increasing entrepreneurial and
621	job-development opportunities for low-income persons;
622	(III)  A neighborhood housing services corporation;
623	(IV)  A local housing authority created under chapter 421;
624	(V)  A community redevelopment agency created under s.
625	163.356;
626	(VI)  The Florida Industrial Development Corporation;
627	(VII)  A historic preservation district agency or
628	organization;
629	(VIII)  A regional workforce board;
630	(IX)  A direct-support organization as provided in s.
631	1009.983;
632	(X)  An enterprise zone development agency created under s.
633	290.0056;
634	(XI)  A community-based organization incorporated under
635	chapter 617 which is recognized as educational, charitable, or
636	scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
637	and whose bylaws and articles of incorporation include
638	affordable housing, economic development, or community
639	development as the primary mission of the corporation;
640	(XII)  Units of local government;
641	(XIII)  Units of state government; or
642	(XIV)  Any other agency that the Office of Tourism, Trade,
643	and Economic Development designates by rule.
644
645	In no event may a contributing person have a financial interest
646	in the eligible sponsor.
647	d.  The project must be located in an area designated an
648	enterprise zone or a Front Porch Florida Community pursuant to
649	s. 20.18(6), unless the project increases access to high-speed
650	broadband capability for rural communities with enterprise zones
651	but is physically located outside the designated rural zone
652	boundaries. Any project designed to construct or rehabilitate
653	housing for low-income or very-low-income households as defined
654	in s. 420.9071(19) and (28) 420.0971(19) and (28) is exempt from
655	the area requirement of this sub-subparagraph.
656	e.(I)  If, during the first 10 business days of the state
657	fiscal year, eligible tax credit applications for projects that
658	provide homeownership opportunities for low-income or very-low-
659	income households as defined in s. 420.9071(19) and (28) are
660	received for less than the annual tax credits available for
661	those projects, the Office of Tourism, Trade, and Economic
662	Development shall grant tax credits for those applications and
663	shall grant remaining tax credits on a first-come, first-served
664	basis for any subsequent eligible applications received before
665	the end of the state fiscal year. If, during the first 10
666	business days of the state fiscal year, eligible tax credit
667	applications for projects that provide homeownership
668	opportunities for low-income or very-low-income households as
669	defined in s. 420.9071(19) and (28) are received for more than
670	the annual tax credits available for those projects, the office
671	shall grant the tax credits for those applications as follows:
672	(A)  If tax credit applications submitted for approved
673	projects of an eligible sponsor do not exceed $200,000 in total,
674	the credits shall be granted in full if the tax credit
675	applications are approved.
676	(B)  If tax credit applications submitted for approved
677	projects of an eligible sponsor exceed $200,000 in total, the
678	amount of tax credits granted pursuant to sub-sub-sub-
679	subparagraph (A) shall be subtracted from the amount of
680	available tax credits, and the remaining credits shall be
681	granted to each approved tax credit application on a pro rata
682	basis.
683	(II)  If, during the first 10 business days of the state
684	fiscal year, eligible tax credit applications for projects other
685	than those that provide homeownership opportunities for low-
686	income or very-low-income households as defined in s.
687	420.9071(19) and (28) are received for less than the annual tax
688	credits available for those projects, the office shall grant tax
689	credits for those applications and shall grant remaining tax
690	credits on a first-come, first-served basis for any subsequent
691	eligible applications received before the end of the state
692	fiscal year. If, during the first 10 business days of the state
693	fiscal year, eligible tax credit applications for projects other
694	than those that provide homeownership opportunities for low-
695	income or very-low-income households as defined in s.
696	420.9071(19) and (28) are received for more than the annual tax
697	credits available for those projects, the office shall grant the
698	tax credits for those applications on a pro rata basis.
699	3.  Application requirements.--
700	a.  Any eligible sponsor seeking to participate in this
701	program must submit a proposal to the Office of Tourism, Trade,
702	and Economic Development which sets forth the name of the
703	sponsor, a description of the project, and the area in which the
704	project is located, together with such supporting information as
705	is prescribed by rule. The proposal must also contain a
706	resolution from the local governmental unit in which the project
707	is located certifying that the project is consistent with local
708	plans and regulations.
709	b.  Any person seeking to participate in this program must
710	submit an application for tax credit to the office which sets
711	forth the name of the sponsor, a description of the project, and
712	the type, value, and purpose of the contribution. The sponsor
713	shall verify the terms of the application and indicate its
714	receipt of the contribution, which verification must be in
715	writing and accompany the application for tax credit. The person
716	must submit a separate tax credit application to the office for
717	each individual contribution that it makes to each individual
718	project.
719	c.  Any person who has received notification from the
720	office that a tax credit has been approved must apply to the
721	department to receive the refund. Application must be made on
722	the form prescribed for claiming refunds of sales and use taxes
723	and be accompanied by a copy of the notification. A person may
724	submit only one application for refund to the department within
725	any 12-month period.
726	4.  Administration.--
727	a.  The Office of Tourism, Trade, and Economic Development
728	may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
729	to administer this paragraph, including rules for the approval
730	or disapproval of proposals by a person.
731	b.  The decision of the office must be in writing, and, if
732	approved, the notification shall state the maximum credit
733	allowable to the person. Upon approval, the office shall
734	transmit a copy of the decision to the Department of Revenue.
735	c.  The office shall periodically monitor all projects in a
736	manner consistent with available resources to ensure that
737	resources are used in accordance with this paragraph; however,
738	each project must be reviewed at least once every 2 years.
739	d.  The office shall, in consultation with the Department
740	of Community Affairs and the statewide and regional housing and
741	financial intermediaries, market the availability of the
742	community contribution tax credit program to community-based
743	organizations.
744	5.  Expiration.--This paragraph expires June 30, 2015;
745	however, any accrued credit carryover that is unused on that
746	date may be used until the expiration of the 3-year carryover
747	period for such credit.
748
749	Reviser's note.--Amended to correct an erroneous
750	reference. Section 420.0971 does not exist; s.
751	420.9071(19) and (28) define "low-income household"
752	and "very-low-income household."
753
754	Section 19.  Paragraph (b) of subsection (5) of section
755	213.053, Florida Statutes, is amended to read:
756	213.053  Confidentiality and information sharing.--
757	(5)  Nothing contained in this section shall prevent the
758	department from:
759	(b)  Disclosing to the Chief Financial Officer the names
760	and addresses of those taxpayers who have claimed an exemption
761	pursuant to former s. 199.185(1)(i) or a deduction pursuant to
762	s. 220.63(5).
763
764	Reviser's note.--Amended to conform to the repeal of
765	s. 199.185 by s. 1, ch. 2006-312, Laws of Florida.
766
767	Section 20.  Paragraph (a) of subsection (4) of section
768	213.0535, Florida Statutes, is amended to read:
769	213.0535  Registration Information Sharing and Exchange
770	Program.--
771	(4)  There are two levels of participation:
772	(a)  Each unit of state or local government responsible for
773	administering one or more of the provisions specified in
774	subparagraphs 1.-8. is a level-one participant. Level-one
775	participants shall exchange, monthly or quarterly, as determined
776	jointly by each participant and the department, the data
777	enumerated in subsection (2) for each new registrant, new filer,
778	or initial reporter, permittee, or licensee, with respect to the
779	following taxes, licenses, or permits:
780	1.  The sales and use tax imposed under chapter 212.
781	2.  The tourist development tax imposed under s. 125.0104.
782	3.  The tourist impact tax imposed under s. 125.0108.
783	4.  Local business occupational license taxes imposed under
784	chapter 205.
785	5.  Convention development taxes imposed under s. 212.0305.
786	6.  Public lodging and food service establishment licenses
787	issued pursuant to chapter 509.
788	7.  Beverage law licenses issued pursuant to chapter 561.
789	8.  A municipal resort tax as authorized under chapter 67-
790	930, Laws of Florida.
791
792	Reviser's note.--Amended to conform to the
793	redesignation of local occupational license taxes as
794	local business taxes by ch. 2006-152, Laws of Florida.
795
796	Section 21.  Paragraph (a) of subsection (2) and subsection
797	(7) of section 215.559, Florida Statutes, are reenacted, and
798	subsection (4) of that section is amended to read:
799	215.559  Hurricane Loss Mitigation Program.--
800	(2)(a)  Seven million dollars in funds provided in
801	subsection (1) shall be used for programs to improve the wind
802	resistance of residences and mobile homes, including loans,
803	subsidies, grants, demonstration projects, and direct
804	assistance; educating persons concerning the Florida Building
805	Code cooperative programs with local governments and the Federal
806	Government; and other efforts to prevent or reduce losses or
807	reduce the cost of rebuilding after a disaster.
808	(4)  Of moneys provided to the Department of Community
809	Affairs in paragraph (2)(a), 10 percent shall be allocated to a
810	Type I Center within the State University System dedicated to
811	hurricane research. The Type I Center shall develop a
812	preliminary work plan approved by the advisory council set forth
813	in subsection (5)(6) to eliminate the state and local barriers
814	to upgrading existing mobile homes and communities, research and
815	develop a program for the recycling of existing older mobile
816	homes, and support programs of research and development relating
817	to hurricane loss reduction devices and techniques for site-
818	built residences. The State University System also shall consult
819	with the Department of Community Affairs and assist the
820	department with the report required under subsection (7)(8).
821	(7)  On January 1st of each year, the Department of
822	Community Affairs shall provide a full report and accounting of
823	activities under this section and an evaluation of such
824	activities to the Speaker of the House of Representatives, the
825	President of the Senate, and the Majority and Minority Leaders
826	of the House of Representatives and the Senate. Upon completion
827	of the report, the Department of Community Affairs shall deliver
828	the report to the Office of Insurance Regulation. The Office of
829	Insurance Regulation shall review the report and shall make such
830	recommendations available to the insurance industry as the
831	Office of Insurance Regulation deems appropriate. These
832	recommendations may be used by insurers for potential discounts
833	or rebates pursuant to s. 627.0629. The Office of Insurance
834	Regulation shall make the recommendations within 1 year after
835	receiving the report.
836
837	Reviser's note.--Paragraph (2)(a) and subsection (7)
838	are reenacted to confirm the validity of the
839	amendments to those provisions by s. 1, ch. 2005-147,
840	Laws of Florida. The Governor vetoed the addition of
841	what would have been a new subsection (5) by s. 1, ch.
842	2005-147. Subsection (4) is amended to conform
843	references within the section to the current location
844	of the referenced material as a result of the repeal
845	of former subsection (3) by s. 46, ch. 2006-12, Laws
846	of Florida.
847
848	Section 22.  Subsection (2) of section 215.82, Florida
849	Statutes, is amended to read:
850	215.82  Validation; when required.--
851	(2)  Any bonds issued pursuant to this act which are
852	validated shall be validated in the manner provided by chapter
853	75. In actions to validate bonds to be issued in the name of the
854	State Board of Education under s. 9(a) and (d), Art. XII of the
855	State Constitution and bonds to be issued pursuant to chapter
856	259, the Land Conservation Act of 1972, the complaint shall be
857	filed in the circuit court of the county where the seat of state
858	government is situated, the notice required to be published by
859	s. 75.06 shall be published only in the county where the
860	complaint is filed, and the complaint and order of the circuit
861	court shall be served only on the state attorney of the circuit
862	in which the action is pending. In any action to validate bonds
863	issued pursuant to former ss. 1010.61-1010.619 or issued
864	pursuant to s. 9(a)(1), Art. XII of the State Constitution or
865	issued pursuant to s. 215.605 or s. 338.227, the complaint shall
866	be filed in the circuit court of the county where the seat of
867	state government is situated, the notice required to be
868	published by s. 75.06 shall be published in a newspaper of
869	general circulation in the county where the complaint is filed
870	and in two other newspapers of general circulation in the state,
871	and the complaint and order of the circuit court shall be served
872	only on the state attorney of the circuit in which the action is
873	pending; provided, however, that if publication of notice
874	pursuant to this section would require publication in more
875	newspapers than would publication pursuant to s. 75.06, such
876	publication shall be made pursuant to s. 75.06.
877
878	Reviser's note.--Amended to conform to the repeal of
879	ss. 1010.61-1010.619 by s. 15, ch. 2006-27, Laws of
880	Florida.
881
882	Section 23.  Paragraph (b) of subsection (3) of section
883	218.64, Florida Statutes, is amended to read:
884	218.64  Local government half-cent sales tax; uses;
885	limitations.--
886	(3)  Subject to ordinances enacted by the majority of the
887	members of the county governing authority and by the majority of
888	the members of the governing authorities of municipalities
889	representing at least 50 percent of the municipal population of
890	such county, counties may use up to $2 million annually of the
891	local government half-cent sales tax allocated to that county
892	for funding for any of the following applicants:
893	(b)  A certified applicant as a "motorsport entertainment
894	complex," as provided for in s. 288.1171 288.1097. Funding for
895	each franchise or motorsport complex shall begin 60 days after
896	certification and shall continue for not more than 30 years.
897
898	Reviser's note.--Amended to correct an erroneous
899	reference. Section 288.1097 relates to qualified
900	training organizations; s. 288.1171 relates to a
901	motorsport entertainment complex.
902
903	Section 24.  Paragraph (a) of subsection (1) of section
904	220.181, Florida Statutes, is amended to read:
905	220.181  Enterprise zone jobs credit.--
906	(1)(a)  There shall be allowed a credit against the tax
907	imposed by this chapter to any business located in an enterprise
908	zone which demonstrates to the department that, on the date of
909	application, the total number of full-time jobs is greater than
910	the total was 12 months prior to that date. The credit shall be
911	computed as 20 percent of the actual monthly wages paid in this
912	state to each new employee hired when a new job has been
913	created, as defined under s. 220.03(1)(ee) 220.03(1)(ff), unless
914	the business is located in a rural enterprise zone, pursuant to
915	s. 290.004(6), in which case the credit shall be 30 percent of
916	the actual monthly wages paid. If no less than 20 percent of the
917	employees of the business are residents of an enterprise zone,
918	excluding temporary and part-time employees, the credit shall be
919	computed as 30 percent of the actual monthly wages paid in this
920	state to each new employee hired when a new job has been
921	created, unless the business is located in a rural enterprise
922	zone, in which case the credit shall be 45 percent of the actual
923	monthly wages paid, for a period of up to 24 consecutive months.
924	If the new employee hired when a new job is created is a
925	participant in the welfare transition program, the following
926	credit shall be a percent of the actual monthly wages paid: 40
927	percent for $4 above the hourly federal minimum wage rate; 41
928	percent for $5 above the hourly federal minimum wage rate; 42
929	percent for $6 above the hourly federal minimum wage rate; 43
930	percent for $7 above the hourly federal minimum wage rate; and
931	44 percent for $8 above the hourly federal minimum wage rate.
932
933	Reviser's note.--Amended to conform to the repeal of
934	former s. 220.03(1)(x) by s. 4, ch. 2006-2, Laws of
935	Florida, and the redesignation of subunits as a result
936	of that repeal; current s. 220.03(1)(ee) defines "new
937	job has been created."
938
939	Section 25.  Paragraph (c) of subsection (1) of section
940	220.183, Florida Statutes, is amended to read:
941	220.183  Community contribution tax credit.--
942	(1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
943	CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
944	SPENDING.--
945	(c)  The total amount of tax credit which may be granted
946	for all programs approved under this section, s. 212.08(5)(p)
947	212.08(5)(q), and s. 624.5105 is $10.5 million annually for
948	projects that provide homeownership opportunities for low-income
949	or very-low-income households as defined in s. 420.9071(19) and
950	(28) and $3.5 million annually for all other projects.
951
952	Reviser's note.--Amended to conform to the
953	redesignation of s. 212.08(5)(q) as s. 212.08(5)(p) to
954	conform to the repeal of former s. 212.08(5)(p) by s.
955	2, ch. 2006-2, Laws of Florida.
956
957	Section 26.  Subsection (20) of section 250.01, Florida
958	Statutes, is amended to read:
959	250.01  Definitions.--As used in this chapter, the term:
960	(20)  "SCRA SSCRA" means the Servicemembers' Soldiers' and
961	Sailors' Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et
962	seq.
963
964	Reviser's note.--Amended to conform to the
965	redesignation of the federal act in Title 50 United
966	States Code.
967
968	Section 27.  Subsection (1) of section 250.82, Florida
969	Statutes, is amended to read:
970	250.82  Applicability of federal law.--
971	(1)  Florida law provides certain protections to members of
972	the United States Armed Forces, the United States Reserve
973	Forces, and the Florida National Guard in various legal
974	proceedings and contractual relationships. In addition to these
975	state provisions, federal law also contains protections, such as
976	those provided in the Servicemembers' Soldiers' and Sailors'
977	Civil Relief Act (SCRA SSCRA), Title 50, Appendix U.S.C. ss. 501
978	et seq., and the Uniformed Services Employment and Reemployment
979	Rights Act (USERRA), Title 38 United States Code, chapter 43,
980	that are applicable to members in every state even though such
981	provisions are not specifically identified under state law.
982
983	Reviser's note.--Amended to conform to the
984	redesignation of the federal act in Title 50 United
985	States Code.
986
987	Section 28.  Paragraph (b) of subsection (3) of section
988	250.84, Florida Statutes, is amended to read:
989	250.84  Florida Uniformed Servicemembers Protection Act;
990	rights of servicemembers; incorporation by reference.--
991	(3)  Such documents containing the rights and
992	responsibilities of servicemembers set forth in this act shall
993	include an enumeration of all rights and responsibilities under
994	state and federal law, including, but not limited to:
995	(b)  The rights and responsibilities provided by the
996	Servicemembers' Soldiers' and Sailors' Civil Relief Act.
997
998	Reviser's note.--Amended to conform to the
999	redesignation of the federal act in Title 50 United
1000	States Code.
1001
1002	Section 29.  Paragraph (s) of subsection (2) of section
1003	252.35, Florida Statutes, is amended to read:
1004	252.35  Emergency management powers; Division of Emergency
1005	Management.--
1006	(2)  The division is responsible for carrying out the
1007	provisions of ss. 252.31-252.90.  In performing its duties under
1008	ss. 252.31-252.90, the division shall:
1009	(s)  By January 1, 2007, the Division of Emergency
1010	Management shall complete an inventory of portable generators
1011	owned by the state and local governments which are capable of
1012	operating during a major disaster. The inventory must identify,
1013	at a minimum, the location of each generator, the number of
1014	generators stored at each specific location, the agency to which
1015	each the generator belongs, the primary use of the generator by
1016	the owner agency, and the names, addresses, and telephone
1017	numbers of persons having the authority to loan the stored
1018	generators as authorized by the Division of Emergency Management
1019	during a declared emergency.
1020
1021	Reviser's note.--Amended to confirm the editorial
1022	deletion of the word "the" following the word "each"
1023	to improve clarity.
1024
1025	Section 30.  Section 253.421, Florida Statutes, is
1026	repealed.
1027
1028	Reviser's note.--The cited section, which provides for
1029	the exchange of donated state lands between the Board
1030	of Trustees of the Internal Improvement Trust Fund and
1031	a local government no later than August 31, 2003, has
1032	served its purpose.
1033
1034	Section 31.  Section 253.422, Florida Statutes, is
1035	repealed.
1036
1037	Reviser's note.--The cited section, which provides for
1038	an exchange of lands contemplated between the Board of
1039	Trustees of the Internal Improvement Trust Fund and a
1040	private entity for formerly submerged sovereignty
1041	lands, known as the "Chapman Exchange," no later than
1042	July 1, 2003, has served its purpose.
1043
1044	Section 32.  Paragraph (c) of subsection (2) of section
1045	255.25001, Florida Statutes, is amended to read:
1046	255.25001  Suspension or delay of specified functions,
1047	programs, and requirements relating to governmental
1048	operations.--Notwithstanding the provisions of:
1049	(2)  Sections 253.025 and 255.25, the Department of
1050	Management Services has the authority to promulgate rules
1051	pursuant to chapter 120 to be used in determining whether a
1052	lease-purchase of a state-owned office building is in the best
1053	interests of the state, which rules provide:
1054	(c)  Acceptable terms and conditions for inclusion in
1055	lease-purchase agreements, which shall include but not be
1056	limited to:
1057	1.  The assignment of the lease-purchase agreement to other
1058	governmental entities, including accumulated equity.
1059	2.  The ability of the acquiring state agency to sublease a
1060	portion of the facility, not to exceed 25 percent, to other
1061	governmental entities. These subleases shall provide for the
1062	recovery of the agencies' cost of operations and maintenance.
1063
1064	The execution of a lease-purchase is conditioned upon a finding
1065	by the Department of Management Services that it would be in the
1066	best interests of the state.  The language in this subsection
1067	shall be considered specific authorization for a lease-purchase
1068	pursuant to s. 255.25(1)(c) 255.25(1)(b) upon the Department of
1069	Management Services' certification that the lease-purchase is in
1070	the best interests of the state.  Thereafter, the agency is
1071	authorized to enter into a lease-purchase agreement and to
1072	expend operating funds for lease-purchase payments.  Any
1073	facility which is acquired pursuant to the processes authorized
1074	by this subsection shall be considered to be a "state-owned
1075	office building" and a "state-owned building" as those terms are
1076	applied in ss. 255.248-255.25.
1077
1078	Reviser's note.--Amended to conform to the
1079	redesignation of s. 255.25(1)(b) as s. 255.25(1)(c) by
1080	s. 3, ch. 94-333, Laws of Florida.
1081
1082	Section 33.  Paragraph (b) of subsection (7) of section
1083	259.1053, Florida Statutes, is amended to read:
1084	259.1053  Babcock Ranch Preserve; Babcock Ranch, Inc.;
1085	creation; membership; organization; meetings.--
1086	(7)  BOARD; MEMBERSHIP; REMOVAL; LIABILITY.--The
1087	corporation shall be governed by a nine-member board of
1088	directors who shall be appointed by the Board of Trustees of the
1089	Internal Improvement Trust Fund; the executive director of the
1090	commission; the Commissioner of Agriculture; the Babcock Florida
1091	Company, a corporation registered to do business in the state,
1092	or its successors or assigns; the Charlotte County Board of
1093	County Commissioners; and the Lee County Board of County
1094	Commissioners in the following manner:
1095	(b)  All members of the board of directors shall be
1096	appointed no later than 90 days following the initial
1097	acquisition of the Babcock Ranch by the state, and:
1098	1.  Four members initially appointed by the Board of
1099	Trustees of the Internal Improvement Trust Fund shall each serve
1100	a 4-year term.
1101	2.  The remaining initial five appointees shall each serve
1102	a 2-year term.
1103	3.  Each member appointed thereafter shall serve a 4-year
1104	term.
1105	4.  A vacancy shall be filled in the same manner in which
1106	the original appointment was made, and a member appointed to
1107	fill a vacancy shall serve for the remainder of that term.
1108	5.  No member may serve more than 8 years in consecutive
1109	terms.
1110
1111	Reviser's note.--Amended to confirm the editorial
1112	insertion of the word "than" after the word "later" to
1113	improve clarity and facilitate correct interpretation.
1114
1115	Section 34.  Paragraph (d) of subsection (1) of section
1116	260.016, Florida Statutes, is amended to read:
1117	260.016  General powers of the department.--
1118	(1)  The department may:
1119	(d)  Establish, develop, and publicize greenways and trails
1120	in a manner that will permit public recreation when appropriate
1121	without damaging natural resources and avoiding unnecessary
1122	impact upon sensitive environments such as wetlands or animal
1123	habitats, wherever encountered. The Big Bend Historic Saltwater
1124	Paddling Trail from the St. Marks River to Yankeetown is hereby
1125	designated as part of the Florida Greenways and Trails System.
1126	Additions to this trail may be added by the Legislature or the
1127	department from time to time as part of the Florida
1128	Circumnavigation Saltwater Paddling Trail created in s. 260.019
1129	260.19.
1130
1131	Reviser's note.--Amended to correct a reference to s.
1132	260.19, which does not exist; s. 260.019 creates the
1133	Florida Circumnavigation Saltwater Paddling Trail.
1134
1135	Section 35.  Subsection (4) of section 287.0574, Florida
1136	Statutes, is amended to read:
1137	287.0574  Business cases to outsource; review and analysis;
1138	requirements.--
1139	(4)  For any proposed outsourcing, the state agency shall
1140	develop a business case that justifies the proposal to
1141	outsource. In order to reduce any administrative burden, the
1142	council may allow a state agency to submit the business case in
1143	the form required by the budget instructions issued pursuant to
1144	s. 216.023(4)(a)7. 216.023(4)(a)11., augmented with additional
1145	information if necessary, to ensure that the requirements of
1146	this section are met. The business case is not subject to
1147	challenge or protest pursuant to chapter 120. The business case
1148	must include, but need not be limited to:
1149	(a)  A detailed description of the service or activity for
1150	which the outsourcing is proposed.
1151	(b)  A description and analysis of the state agency's
1152	current performance, based on existing performance metrics if
1153	the state agency is currently performing the service or
1154	activity.
1155	(c)  The goals desired to be achieved through the proposed
1156	outsourcing and the rationale for such goals.
1157	(d)  A citation to the existing or proposed legal authority
1158	for outsourcing the service or activity.
1159	(e)  A description of available options for achieving the
1160	goals. If state employees are currently performing the service
1161	or activity, at least one option involving maintaining state
1162	provision of the service or activity shall be included.
1163	(f)  An analysis of the advantages and disadvantages of
1164	each option, including, at a minimum, potential performance
1165	improvements and risks.
1166	(g)  A description of the current market for the
1167	contractual services that are under consideration for
1168	outsourcing.
1169	(h)  A cost-benefit analysis documenting the direct and
1170	indirect specific baseline costs, savings, and qualitative and
1171	quantitative benefits involved in or resulting from the
1172	implementation of the recommended option or options. Such
1173	analysis must specify the schedule that, at a minimum, must be
1174	adhered to in order to achieve the estimated savings. All
1175	elements of cost must be clearly identified in the cost-benefit
1176	analysis, described in the business case, and supported by
1177	applicable records and reports. The state agency head shall
1178	attest that, based on the data and information underlying the
1179	business case, to the best of his or her knowledge, all
1180	projected costs, savings, and benefits are valid and achievable.
1181	As used in this section, the term "cost" means the reasonable,
1182	relevant, and verifiable cost, which may include, but is not
1183	limited to, elements such as personnel, materials and supplies,
1184	services, equipment, capital depreciation, rent, maintenance and
1185	repairs, utilities, insurance, personnel travel, overhead, and
1186	interim and final payments. The appropriate elements shall
1187	depend on the nature of the specific initiative. As used in this
1188	section, the term "savings" means the difference between the
1189	direct and indirect actual annual baseline costs compared to the
1190	projected annual cost for the contracted functions or
1191	responsibilities in any succeeding state fiscal year during the
1192	term of the contract.
1193	(i)  A description of differences among current state
1194	agency policies and processes and, as appropriate, a discussion
1195	of options for or a plan to standardize, consolidate, or revise
1196	current policies and processes, if any, to reduce the
1197	customization of any proposed solution that would otherwise be
1198	required.
1199	(j)  A description of the specific performance standards
1200	that must, at a minimum, be met to ensure adequate performance.
1201	(k)  The projected timeframe for key events from the
1202	beginning of the procurement process through the expiration of a
1203	contract.
1204	(l)  A plan to ensure compliance with the public records
1205	law.
1206	(m)  A specific and feasible contingency plan addressing
1207	contractor nonperformance and a description of the tasks
1208	involved in and costs required for its implementation.
1209	(n)  A state agency's transition plan for addressing
1210	changes in the number of agency personnel, affected business
1211	processes, employee transition issues, and communication with
1212	affected stakeholders, such as agency clients and the public.
1213	The transition plan must contain a reemployment and retraining
1214	assistance plan for employees who are not retained by the state
1215	agency or employed by the contractor.
1216	(o)  A plan for ensuring access by persons with
1217	disabilities in compliance with applicable state and federal
1218	law.
1219	(p)  A description of legislative and budgetary actions
1220	necessary to accomplish the proposed outsourcing.
1221
1222	Reviser's note.--Amended to conform to the
1223	redesignation of s. 216.023(4)(a)11. as s.
1224	216.023(4)(a)7. by s. 26, ch. 2006-122, Laws of
1225	Florida, and by s. 17, ch. 2006-146, Laws of Florida.
1226
1227	Section 36.  Paragraph (b) of subsection (2) of section
1228	288.039, Florida Statutes, is amended to read:
1229	288.039  Employing and Training our Youths (ENTRY).--
1230	(2)  TAX REFUND; ELIGIBLE AMOUNTS.--
1231	(b)  After entering into an employment/tax refund agreement
1232	under subsection (3), an eligible business may receive refunds
1233	for the following taxes or fees due and paid by that business:
1234	1.  Taxes on sales, use, and other transactions under
1235	chapter 212.
1236	2.  Corporate income taxes under chapter 220.
1237	3.  Intangible personal property taxes under chapter 199.
1238	4.  Emergency excise taxes under chapter 221.
1239	5.  Excise taxes on documents under chapter 201.
1240	6.  Ad valorem taxes paid, as defined in s. 220.03(1).
1241	7.  Insurance premium taxes under s. 624.509.
1242	8.  Business tax Occupational license fees under chapter
1243	205.
1244
1245	However, an eligible business may not receive a refund under
1246	this section for any amount of credit, refund, or exemption
1247	granted to that business for any of such taxes or fees.  If a
1248	refund for such taxes or fees is provided by the office, which
1249	taxes or fees are subsequently adjusted by the application of
1250	any credit, refund, or exemption granted to the eligible
1251	business other than as provided in this section, the business
1252	shall reimburse the office for the amount of that credit,
1253	refund, or exemption.  An eligible business shall notify and
1254	tender payment to the office within 20 days after receiving any
1255	credit, refund, or exemption other than the one provided in this
1256	section.
1257
1258	Reviser's note.--Amended to conform to the
1259	redesignation of occupational license taxes in chapter
1260	205 as business taxes by ch. 2006-152, Laws of
1261	Florida.
1262
1263	Section 37.  Paragraph (l) of subsection (1) of section
1264	288.1045, Florida Statutes, is amended to read:
1265	288.1045  Qualified defense contractor tax refund
1266	program.--
1267	(1)  DEFINITIONS.--As used in this section:
1268	(l)  "Taxable year" means the same as in s. 220.03(1)(y)
1269	220.03(1)(z).
1270
1271	Reviser's note.--Amended to conform to the
1272	redesignation of s. 220.03(1)(z) as s. 220.03(1)(y)
1273	necessitated by the repeal of paragraph (1)(x) by s.
1274	4, ch. 2006-2, Laws of Florida.
1275
1276	Section 38.  Paragraph (p) of subsection (1) of section
1277	288.106, Florida Statutes, is amended to read:
1278	288.106  Tax refund program for qualified target industry
1279	businesses.--
1280	(1)  DEFINITIONS.--As used in this section:
1281	(p)  "Taxable year" means taxable year as defined in s.
1282	220.03(1)(y) 220.03(1)(z).
1283
1284	Reviser's note.--Amended to conform to the
1285	redesignation of s. 220.03(1)(z) as s. 220.03(1)(y)
1286	necessitated by the repeal of paragraph (1)(x) by s.
1287	4, ch. 2006-2, Laws of Florida.
1288
1289	Section 39.  Sections 288.1231, 288.1232, 288.1233,
1290	288.1235, 288.1236, and 288.1237, Florida Statutes, are
1291	repealed.
1292
1293	Reviser's note.--The cited sections, which relate to
1294	the selection of a host city for the XXXth Olympic
1295	Games in 2012, have served their purpose.
1296
1297	Section 40.  Subsection (6) of section 288.90151, Florida
1298	Statutes, is amended to read:
1299	288.90151  Return on investment from activities of
1300	Enterprise Florida, Inc.--
1301	(6)  Enterprise Florida, Inc., shall fully comply with the
1302	performance measures, standards, and sanctions in its contracts
1303	with the Office of Tourism, Trade, and Economic Development
1304	under s. 14.2015(2)(g) and (7) 14.2015(2)(h) and (7). The Office
1305	of Tourism, Trade, and Economic Development shall ensure, to the
1306	maximum extent possible, that the contract performance measures
1307	are consistent with performance measures that the office is
1308	required to develop and track under performance-based program
1309	budgeting.
1310
1311	Reviser's note.--Amended to conform to the
1312	redesignation of s. 14.2015(2)(h) as s. 14.2015(2)(g)
1313	by s. 1, ch. 99-251, Laws of Florida.
1314
1315	Section 41.  Paragraph (e) of subsection (1) of section
1316	290.0057, Florida Statutes, is amended to read:
1317	290.0057  Enterprise zone development plan.--
1318	(1)  Any application for designation as a new enterprise
1319	zone must be accompanied by a strategic plan adopted by the
1320	governing body of the municipality or county, or the governing
1321	bodies of the county and one or more municipalities together. At
1322	a minimum, the plan must:
1323	(e)  Commit the governing body or bodies to enact and
1324	maintain local fiscal and regulatory incentives, if approval for
1325	the area is received under s. 290.0065. These incentives may
1326	include the municipal public service tax exemption provided by
1327	s. 166.231, the economic development ad valorem tax exemption
1328	provided by s. 196.1995, the business occupational license tax
1329	exemption provided by s. 205.054, local impact fee abatement or
1330	reduction, or low-interest or interest-free loans or grants to
1331	businesses to encourage the revitalization of the nominated
1332	area.
1333
1334	Reviser's note.--Amended to conform to the
1335	redesignation of occupational license taxes in chapter
1336	205 as business taxes by ch. 2006-152, Laws of
1337	Florida.
1338
1339	Section 42.  Section 290.0072, Florida Statutes, is amended
1340	to read:
1341	290.0072  Enterprise zone designation for the City of
1342	Winter Haven.--The City of Winter Haven may apply to the Office
1343	of Tourism, Trade, and Economic Development for designation of
1344	one enterprise zone for an area within the City of Winter Haven,
1345	which zone shall encompass an on area up to 5 square miles.
1346	Notwithstanding s. 290.0065 limiting the total number of
1347	enterprise zones designated and the number of enterprise zones
1348	within a population category, the Office of Tourism, Trade, and
1349	Economic Development may designate one enterprise zone under
1350	this section. The Office of Tourism, Trade, and Economic
1351	Development shall establish the initial effective date of the
1352	enterprise zone designated pursuant to this section.
1353
1354	Reviser's note.--Amended to confirm the editorial
1355	substitution of the word "an" for the word "on" to
1356	conform to context.
1357
1358	Section 43.  Subsections (2) and (3) of section 316.006,
1359	Florida Statutes, are reenacted to read:
1360	316.006  Jurisdiction.--Jurisdiction to control traffic is
1361	vested as follows:
1362	(2)  MUNICIPALITIES.--
1363	(a)  Chartered municipalities shall have original
1364	jurisdiction over all streets and highways located within their
1365	boundaries, except state roads, and may place and maintain such
1366	traffic control devices which conform to the manual and
1367	specifications of the Department of Transportation upon all
1368	streets and highways under their original jurisdiction as they
1369	shall deem necessary to indicate and to carry out the provisions
1370	of this chapter or to regulate, warn, or guide traffic.
1371	(b)  A municipality may exercise jurisdiction over any
1372	private road or roads, or over any limited access road or roads
1373	owned or controlled by a special district, located within its
1374	boundaries if the municipality and party or parties owning or
1375	controlling such road or roads provide, by written agreement
1376	approved by the governing body of the municipality, for
1377	municipal traffic control jurisdiction over the road or roads
1378	encompassed by such agreement. Pursuant thereto:
1379	1.  Provision for reimbursement for actual costs of traffic
1380	control and enforcement and for liability insurance and
1381	indemnification by the party or parties, and such other terms as
1382	are mutually agreeable, may be included in such an agreement.
1383	2.  The exercise of jurisdiction provided for herein shall
1384	be in addition to jurisdictional authority presently exercised
1385	by municipalities under law, and nothing in this paragraph shall
1386	be construed to limit or remove any such jurisdictional
1387	authority. Such jurisdiction includes regulation of access to
1388	such road or roads by security devices or personnel.
1389	3.  Any such agreement may provide for the installation of
1390	multiparty stop signs by the parties controlling the roads
1391	covered by the agreement if a determination is made by such
1392	parties that the signage will enhance traffic safety. Multiparty
1393	stop signs must conform to the manual and specifications of the
1394	Department of Transportation; however, minimum traffic volumes
1395	may not be required for the installation of such signage.
1396	Enforcement for the signs shall be as provided in s. 316.123.
1397	4.  The board of directors of a homeowners' association as
1398	defined in chapter 720 may, by majority vote, elect to have
1399	state traffic laws enforced by local law enforcement agencies on
1400	private roads that are controlled by the association.
1401	(c)  Notwithstanding any other provisions of law to the
1402	contrary, a municipality may, by interlocal agreement with a
1403	county, agree to transfer traffic regulatory authority over
1404	areas within the municipality to the county.
1405
1406	This subsection shall not limit those counties which have the
1407	charter powers to provide and regulate arterial, toll, and other
1408	roads, bridges, tunnels, and related facilities from the proper
1409	exercise of those powers by the placement and maintenance of
1410	traffic control devices which conform to the manual and
1411	specifications of the Department of Transportation on streets
1412	and highways located within municipal boundaries.
1413	(3)  COUNTIES.--
1414	(a)  Counties shall have original jurisdiction over all
1415	streets and highways located within their boundaries, except all
1416	state roads and those streets and highways specified in
1417	subsection (2), and may place and maintain such traffic control
1418	devices which conform to the manual and specifications of the
1419	Department of Transportation upon all streets and highways under
1420	their original jurisdiction as they shall deem necessary to
1421	indicate and to carry out the provisions of this chapter or to
1422	regulate, warn, or guide traffic.
1423	(b)  A county may exercise jurisdiction over any private
1424	road or roads, or over any limited access road or roads owned or
1425	controlled by a special district, located in the unincorporated
1426	area within its boundaries if the county and party or parties
1427	owning or controlling such road or roads provide, by written
1428	agreement approved by the governing body of the county, for
1429	county traffic control jurisdiction over the road or roads
1430	encompassed by such agreement.  Pursuant thereto:
1431	1.  Provision for reimbursement for actual costs of traffic
1432	control and enforcement and for liability insurance and
1433	indemnification by the party or parties, and such other terms as
1434	are mutually agreeable, may be included in such an agreement.
1435	2.  Prior to entering into an agreement which provides for
1436	enforcement of the traffic laws of the state over a private road
1437	or roads, or over any limited access road or roads owned or
1438	controlled by a special district, the governing body of the
1439	county shall consult with the sheriff. No such agreement shall
1440	take effect prior to October 1, the beginning of the county
1441	fiscal year, unless this requirement is waived in writing by the
1442	sheriff.
1443	3.  The exercise of jurisdiction provided for herein shall
1444	be in addition to jurisdictional authority presently exercised
1445	by counties under law, and nothing in this paragraph shall be
1446	construed to limit or remove any such jurisdictional authority.
1447	4.  Any such agreement may provide for the installation of
1448	multiparty stop signs by the parties controlling the roads
1449	covered by the agreement if a determination is made by such
1450	parties that the signage will enhance traffic safety. Multiparty
1451	stop signs must conform to the manual and specifications of the
1452	Department of Transportation; however, minimum traffic volumes
1453	may not be required for the installation of such signage.
1454	Enforcement for the signs shall be as provided in s. 316.123.
1455	5.  The board of directors of a homeowners' association as
1456	defined in chapter 720 may, by majority vote, elect to have
1457	state traffic laws enforced by local law enforcement agencies on
1458	private roads that are controlled by the association.
1459	(c)  If the governing body of a county abandons the roads
1460	and rights-of-way dedicated in a recorded residential
1461	subdivision, and simultaneously conveys the county's interest
1462	therein to a homeowners' association for the subdivision in the
1463	manner prescribed in s. 336.125, that county's traffic control
1464	jurisdiction over the abandoned and conveyed roads ceases unless
1465	the requirements of paragraph (b) are met.
1466
1467	Notwithstanding the provisions of subsection (2), each county
1468	shall have original jurisdiction to regulate parking, by
1469	resolution of the board of county commissioners and the erection
1470	of signs conforming to the manual and specifications of the
1471	Department of Transportation, in parking areas located on
1472	property owned or leased by the county, whether or not such
1473	areas are located within the boundaries of chartered
1474	municipalities.
1475
1476	Reviser's note.--Section 6, ch. 2006-290, Laws of
1477	Florida, amended paragraphs (2)(b) and (3)(b) without
1478	publishing the flush left language at the end of the
1479	respective subsections. Absent affirmative evidence of
1480	legislative intent to repeal it, the flush left
1481	language is reenacted to confirm that the omissions
1482	were not intended.
1483
1484	Section 44.  Paragraph (b) of subsection (9) of section
1485	320.77, Florida Statutes, is amended to read:
1486	320.77  License required of mobile home dealers.--
1487	(9)  SALESPERSONS TO BE REGISTERED BY LICENSEES.--
1488	(b)  Each time a mobile home salesperson employed by a
1489	licensee changes his or her residence address, the salesperson
1490	must notify the department within 20 days after the change.
1491
1492	Reviser's note.--Amended pursuant to the directive of
1493	the Legislature in s. 1, ch. 93-199, Laws of Florida,
1494	to remove gender-specific references applicable to
1495	human beings from the Florida Statutes without
1496	substantive change in legal effect.
1497
1498	Section 45.  Subsection (2) of section 322.2615, Florida
1499	Statutes, is amended to read:
1500	322.2615  Suspension of license; right to review.--
1501	(2)  Except as provided in paragraph (1)(a), the law
1502	enforcement officer shall forward to the department, within 5
1503	days after issuing the notice of suspension, the driver's
1504	license; an affidavit stating the officer's grounds for belief
1505	that the person was driving or in actual physical control of a
1506	motor vehicle while under the influence of alcoholic beverages
1507	or chemical or controlled substances; the results of any breath
1508	or blood test or an affidavit stating that a breath, blood, or
1509	urine test was requested by a law enforcement officer or
1510	correctional officer and that the person refused to submit; the
1511	officer's description of the person's field sobriety test, if
1512	any; the notice of suspension; and a copy of the crash report,
1513	if any. The failure of the officer to submit materials within
1514	the 5-day period specified in this subsection and in subsection
1515	(1) does not affect the department's ability to consider any
1516	evidence submitted at or prior to the hearing. The officer may
1517	also submit a copy of a videotape of the field sobriety test or
1518	the attempt to administer such test. Materials submitted to the
1519	department by a law enforcement agency or correctional agency
1520	shall be considered self-authenticating and shall be in the
1521	record for consideration by the hearing officer. Notwithstanding
1522	s. 316.066(7) 316.066(4), the crash report shall be considered
1523	by the hearing officer.
1524
1525	Reviser's note.--Amended to conform to the
1526	redesignation of s. 316.066(4) as s. 316.066(7) by s.
1527	1, ch. 2006-260, Laws of Florida.
1528
1529	Section 46.  Subsection (1) of section 328.64, Florida
1530	Statutes, is amended to read:
1531	328.64  Change of interest and address.--
1532	(1)  The owner shall furnish the Department of Highway
1533	Safety and Motor Vehicles notice of the transfer of all or any
1534	part of his or her interest in a vessel registered or titled in
1535	this state pursuant to this chapter or chapter 328 or of the
1536	destruction or abandonment of such vessel, within 30 days
1537	thereof, on a form prescribed by the department. Such transfer,
1538	destruction, or abandonment shall terminate the certificate for
1539	such vessel, except that in the case of a transfer of a part
1540	interest which does not affect the owner's right to operate such
1541	vessel, such transfer shall not terminate the certificate. The
1542	department shall provide the form for such notice and shall
1543	attach the form to every vessel title issued or reissued.
1544
1545	Reviser's note.--Amended to confirm the editorial
1546	deletion of the words "or chapter 328" following the
1547	words "this chapter" to conform to the renumbering of
1548	s. 327.19 as s. 328.64 by s. 19, ch. 99-289, Laws of
1549	Florida, and to eliminate redundancy.
1550
1551	Section 47.  Section 331.312, Florida Statutes, is amended
1552	to read:
1553	331.312  Furnishing facilities and services within the
1554	spaceport territory.--Space Florida may construct, develop,
1555	create, maintain, and operate its projects within the
1556	geographical limits of the spaceport territory, including any
1557	portions of the spaceport territory located inside the
1558	boundaries of any incorporated municipality or other political
1559	subdivision, and to offer, supply, and furnish the facilities
1560	and services provided for in this act to, and to establish and
1561	collect fees, rentals, and other charges from, persons, public
1562	or private, within the geographical limits of the spaceport
1563	territory and for the use of Space Florida itself.
1564
1565	Reviser's note.--Amended to confirm the editorial
1566	deletion of the word "to" following the word "and" to
1567	improve clarity and correct sentence construction.
1568
1569	Section 48.  Section 331.313, Florida Statutes, is amended
1570	to read:
1571	331.313  Power of Space Florida with respect to
1572	roads.--Within the territorial limits of any spaceport
1573	territory, Space Florida may acquire, through purchase or
1574	interagency agreement, or as otherwise provided in law, and to
1575	construct, control, and maintain, roads deemed necessary by
1576	Space Florida and connections thereto and extensions thereof now
1577	or hereafter acquired, constructed, or maintained in accordance
1578	with established highway safety standards; provided that, in the
1579	event a road being addressed by Space Florida is owned by
1580	another agency or jurisdiction, Space Florida, before proceeding
1581	with the proposed project or work activity, shall have either
1582	coordinated the desired work with the owning agency or
1583	jurisdiction or shall have successfully executed an interagency
1584	agreement with the owning agency or jurisdiction.
1585
1586	Reviser's note.--Amended to confirm the editorial
1587	deletion of the word "to" preceding the word
1588	"construct" to improve clarity and correct sentence
1589	construction.
1590
1591	Section 49.  Subsection (1) of section 331.316, Florida
1592	Statutes, is amended to read:
1593	331.316  Rates, fees, rentals, tolls, fares, and charges;
1594	procedure for adoption and modification; minimum revenue
1595	requirements.--
1596	(1)  To recover the costs of the spaceport facility or
1597	system, Space Florida may prescribe, fix, establish, and collect
1598	rates, fees, rentals, tolls, fares, or other charges
1599	(hereinafter referred to as "revenues"), and to revise the same
1600	from time to time, for the facilities and services furnished or
1601	to be furnished by Space Florida and the spaceport, including,
1602	but not limited to, launch pads, ranges, payload assembly and
1603	processing facilities, visitor and tourist facilities,
1604	transportation facilities, and parking and other related
1605	facilities, and may provide for reasonable penalties against any
1606	user or property for any such rates, fees, rentals, tolls,
1607	fares, or other charges that are delinquent.
1608
1609	Reviser's note.--Amended to confirm the editorial
1610	deletion of the word "to" preceding the word "revise"
1611	to improve clarity and correct sentence construction.
1612
1613	Section 50.  Subsection (2) of section 331.319, Florida
1614	Statutes, is amended to read:
1615	331.319  Comprehensive planning; building and safety
1616	codes.--The board of directors may:
1617	(2)  Prohibit within the spaceport territory the
1618	construction, alteration, repair, removal, or demolition, or the
1619	commencement of the construction, alteration, repair (except
1620	emergency repairs), removal, or demolition, of any building or
1621	structure, including, but not by way of limitation, public
1622	utility poles, lines, pipes, and facilities, without first
1623	obtaining a permit from the board or such other officer or
1624	agency as the board may designate, and to prescribe the
1625	procedure with respect to the obtaining of such permit.
1626
1627	Reviser's note.--Amended to confirm the editorial
1628	deletion of the word "to" preceding the word
1629	"prescribe" to improve clarity and correct sentence
1630	construction.
1631
1632	Section 51.  Section 331.324, Florida Statutes, is amended
1633	to read:
1634	331.324  Contracts, grants, and contributions.--Space
1635	Florida may make and enter all contracts and agreements
1636	necessary or incidental to the performance of the functions of
1637	Space Florida and the execution of its powers, and to contract
1638	with, and to accept and receive grants or loans of money,
1639	material, or property from, any person, private or public, as
1640	the board shall determine to be necessary or desirable to carry
1641	out the purposes of this act, and, in connection with any such
1642	contract, grant, or loan, to stipulate and agree to such
1643	covenants, terms, and conditions as the board shall deem
1644	appropriate.
1645
1646	Reviser's note.--Amended to confirm the editorial
1647	deletion of the word "to" following the words "and"
1648	and "loan" to improve clarity and correct sentence
1649	construction.
1650
1651	Section 52.  Subsection (4) of section 336.68, Florida
1652	Statutes, is amended to read:
1653	336.68  Special road and bridge district boundaries;
1654	property owner rights and options.--
1655	(4)  The property owner shall provide copies of the
1656	recorded certificate to the governing body of the district from
1657	which the property is being withdrawn within days 10 days after
1658	the date that the certificate is recorded. If the district does
1659	not record an objection to the withdrawal of the property in the
1660	public records within 30 days after the recording of the
1661	certificate identifying the criteria in this section that has
1662	not been met, the withdrawal shall be final and the property
1663	shall be permanently withdrawn from the boundaries of the
1664	district.
1665
1666	Reviser's note.--Amended to confirm the editorial
1667	deletion of the word "days" following the word
1668	"within" to correct a typographical error.
1669
1670	Section 53.  Subsection (6) of section 341.840, Florida
1671	Statutes, is amended to read:
1672	341.840  Tax exemption.--
1673	(6)  A leasehold interest held by the authority is not
1674	subject to intangible tax. However, if a leasehold interest held
1675	by the authority is subleased to a nongovernmental lessee, such
1676	subleasehold interest shall be deemed to be an interest
1677	described in s. 199.023(1)(d), Florida Statutes 2005, and is
1678	subject to the intangible tax.
1679
1680	Reviser's note.--Amended to conform to the repeal of
1681	s. 199.023 by s. 1, ch. 2006-312, Laws of Florida.
1682
1683	Section 54.  Paragraph (c) of subsection (1) and subsection
1684	(2) of section 366.93, Florida Statutes, are amended to read:
1685	366.93  Cost recovery for the siting, design, licensing,
1686	and construction of nuclear power plants.--
1687	(1)  As used in this section, the term:
1688	(c)  "Nuclear power plant" or "plant" is an electrical
1689	power plant as defined in s. 403.503(13) 403.503(12) that uses
1690	nuclear materials for fuel.
1691	(2)  Within 6 months after the enactment of this act, the
1692	commission shall establish, by rule, alternative cost recovery
1693	mechanisms for the recovery of costs incurred in the siting,
1694	design, licensing, and construction of a nuclear power plant.
1695	Such mechanisms shall be designed to promote utility investment
1696	in nuclear power plants and allow for the recovery in rates of
1697	all prudently incurred costs, and shall include, but are not
1698	limited to:
1699	(a)  Recovery through the capacity cost recovery clause of
1700	any preconstruction costs.
1701	(b)  Recovery through an incremental increase in the
1702	utility's capacity cost recovery clause rates of the carrying
1703	costs on the utility's projected construction cost balance
1704	associated with the nuclear power plant. To encourage investment
1705	and provide certainty, for nuclear power plant need petitions
1706	submitted on or before December 31, 2010, associated carrying
1707	costs shall be equal to the pretax AFUDC in effect upon this act
1708	becoming law. For nuclear power plants for which need petitions
1709	are submitted after December 31, 2010, the utility's existing
1710	pretax AFUDC rate is presumed to be appropriate unless
1711	determined otherwise by the commission in the determination of
1712	need for the nuclear power plant.
1713
1714	Reviser's note.--Paragraph (1)(c) is amended to
1715	conform to the redesignation of s. 403.503(12) as s.
1716	403.503(13) by s. 20, ch. 2006-230, Laws of Florida.
1717	Subsection (2) is amended to confirm the editorial
1718	insertion of the word "of" following the word "rates"
1719	to improve clarity and correct sentence construction.
1720
1721	Section 55.  Subsection (4) of section 370.063, Florida
1722	Statutes, is amended to read:
1723	370.063  Special recreational spiny lobster license.--There
1724	is created a special recreational spiny lobster license, to be
1725	issued to qualified persons as provided by this section for the
1726	recreational harvest of spiny lobster beginning August 5, 1994.
1727	(4)  As a condition precedent to the issuance of a special
1728	recreational spiny lobster license, the applicant must agree to
1729	file quarterly reports with the Fish and Wildlife Conservation
1730	Commission in such form as the commission requires, detailing
1731	the amount of the licenseholder's spiny lobster harvest in the
1732	previous quarter, including the harvest of other recreational
1733	harvesters aboard the licenseholder's vessel.
1734
1735	Reviser's note.--Amended to conform to the editorial
1736	insertion of the word "license" following the word
1737	"lobster" to improve clarity and correct sentence
1738	construction.
1739
1740	Section 56.  Subsection (4) of section 375.065, Florida
1741	Statutes, is amended to read:
1742	375.065  Public beaches; financial and other assistance by
1743	Department of Environmental Protection to local governments.--
1744	(4)  In addition to the authorized assistance procedures
1745	provided by this section, the Legislature urges the Department
1746	of Environmental Protection to give priority to applications
1747	relating to the acquisition of public beaches in urban areas,
1748	and to make full use of the federal Land and Water Conservation
1749	Fund Act of 1965, as amended, or other applicable federal
1750	programs. This section is supplemental to and shall not limit or
1751	repeal any provision of the Outdoor Recreation and Conservation
1752	Act of 1963.
1753
1754	Reviser's note.--Amended to conform to the name of the
1755	Outdoor Recreation and Conservation Act of 1963 as
1756	referenced in s. 375.011.
1757
1758	Section 57.  Subsections (3) and (5) of section 376.30,
1759	Florida Statutes, are amended to read:
1760	376.30  Legislative intent with respect to pollution of
1761	surface and ground waters.--
1762	(3)  The Legislature intends by the enactment of ss.
1763	376.30-376.317 376.30-376.319 to exercise the police power of
1764	the state by conferring upon the Department of Environmental
1765	Protection the power to:
1766	(a)  Deal with the environmental and health hazards and
1767	threats of danger and damage posed by such storage,
1768	transportation, disposal, and related activities;
1769	(b)  Require the prompt containment and removal of products
1770	occasioned thereby; and
1771	(c)  Establish a program which will enable the department
1772	to:
1773	1.  Provide for expeditious restoration or replacement of
1774	potable water systems or potable private wells of affected
1775	persons where health hazards exist due to contamination from
1776	pollutants (which may include provision of bottled water on a
1777	temporary basis, after which a more stable and convenient source
1778	of potable water shall be provided) and hazardous substances,
1779	subject to the following conditions:
1780	a.  For the purposes of this subparagraph, the term
1781	"restoration" means restoration of a contaminated potable water
1782	supply to a level which meets applicable water quality standards
1783	or applicable water quality criteria, as adopted by rule, for
1784	the contaminant or contaminants present in the water supply, or,
1785	where no such standards or criteria have been adopted, to a
1786	level that is determined to be a safe, potable level by the
1787	State Health Officer in the Department of Health, through the
1788	installation of a filtration system and provision of replacement
1789	filters as necessary or through employment of repairs or another
1790	treatment method or methods designed to remove or filter out
1791	contamination from the water supply; and the term "replacement"
1792	means replacement of a well or well field or connection to an
1793	alternative source of safe, potable water.
1794	b.  For the purposes of the Inland Protection Trust Fund
1795	and the drycleaning facility restoration funds in the Water
1796	Quality Assurance Trust Fund as provided in s. 376.3078, such
1797	restoration or replacement shall take precedence over other uses
1798	of the unobligated moneys within the fund after payment of
1799	amounts appropriated annually from the Inland Protection Trust
1800	Fund for payments under any service contract entered into by the
1801	department pursuant to s. 376.3075.
1802	c.  Funding for activities described in this subparagraph
1803	shall not exceed $10 million for any one county for any one
1804	year, other than for the provision of bottled water.
1805	d.  Funding for activities described in this subparagraph
1806	shall not be available to fund any increase in the capacity of a
1807	potable water system or potable private well over the capacity
1808	which existed prior to such restoration or replacement, unless
1809	such increase is the result of the use of a more cost-effective
1810	alternative than other alternatives available.
1811	2.  Provide for the inspection and supervision of
1812	activities described in this subsection.
1813	3.  Guarantee the prompt payment of reasonable costs
1814	resulting therefrom, including those administrative costs
1815	incurred by the Department of Health in providing field and
1816	laboratory services, toxicological risk assessment, and other
1817	services to the department in the investigation of drinking
1818	water contamination complaints.
1819	(5)  The Legislature further declares that it is the intent
1820	of ss. 376.30-376.317 376.30-376.319 to support and complement
1821	applicable provisions of the Federal Water Pollution Control
1822	Act, as amended, specifically those provisions relating to the
1823	national contingency plan for removal of pollutants.
1824
1825	Reviser's note.--Amended to conform to the repeal of
1826	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
1827
1828	Section 58.  Section 376.301, Florida Statutes, is amended
1829	to read:
1830	376.301  Definitions of terms used in ss. 376.30-376.317
1831	376.30-376.319, 376.70, and 376.75.--When used in ss. 376.30-
1832	376.30-376.317 376.30-376.319, 376.70, and 376.75, unless the
1833	context clearly requires otherwise, the term:
1834	(1)  "Aboveground hazardous substance tank" means any
1835	stationary aboveground storage tank and onsite integral piping
1836	that contains hazardous substances which are liquid at standard
1837	temperature and pressure and has an individual storage capacity
1838	greater than 110 gallons.
1839	(2)  "Additive effects" means a scientific principle that
1840	the toxicity that occurs as a result of exposure is the sum of
1841	the toxicities of the individual chemicals to which the
1842	individual is exposed.
1843	(3)  "Antagonistic effects" means a scientific principle
1844	that the toxicity that occurs as a result of exposure is less
1845	than the sum of the toxicities of the individual chemicals to
1846	which the individual is exposed.
1847	(4)  "Backlog" means reimbursement obligations incurred
1848	pursuant to s. 376.3071(12), prior to March 29, 1995, or
1849	authorized for reimbursement under the provisions of s.
1850	376.3071(12), pursuant to chapter 95-2, Laws of Florida.  Claims
1851	within the backlog are subject to adjustment, where appropriate.
1852	(5)  "Barrel" means 42 U.S. gallons at 60 degrees
1853	Fahrenheit.
1854	(6)  "Bulk product facility" means a waterfront location
1855	with at least one aboveground tank with a capacity greater than
1856	30,000 gallons which is used for the storage of pollutants.
1857	(7)  "Cattle-dipping vat" means any structure, excavation,
1858	or other facility constructed by any person, or the site where
1859	such structure, excavation, or other facility once existed, for
1860	the purpose of treating cattle or other livestock with a
1861	chemical solution pursuant to or in compliance with any local,
1862	state, or federal governmental program for the prevention,
1863	suppression, control, or eradication of any dangerous,
1864	contagious, or infectious diseases.
1865	(8)  "Cleanup target level" means the concentration for
1866	each contaminant identified by an applicable analytical test
1867	method, in the medium of concern, at which a site rehabilitation
1868	program is deemed complete.
1869	(9)  "Compression vessel" means any stationary container,
1870	tank, or onsite integral piping system, or combination thereof,
1871	which has a capacity of greater than 110 gallons, that is
1872	primarily used to store pollutants or hazardous substances above
1873	atmospheric pressure or at a reduced temperature in order to
1874	lower the vapor pressure of the contents. Manifold compression
1875	vessels that function as a single vessel shall be considered as
1876	one vessel.
1877	(10)  "Contaminant" means any physical, chemical,
1878	biological, or radiological substance present in any medium
1879	which may result in adverse effects to human health or the
1880	environment or which creates an adverse nuisance, organoleptic,
1881	or aesthetic condition in groundwater.
1882	(11)  "Contaminated site" means any contiguous land,
1883	sediment, surface water, or groundwater areas that contain
1884	contaminants that may be harmful to human health or the
1885	environment.
1886	(12)  "Department" means the Department of Environmental
1887	Protection.
1888	(13)  "Discharge" includes, but is not limited to, any
1889	spilling, leaking, seeping, pouring, misapplying, emitting,
1890	emptying, releasing, or dumping of any pollutant or hazardous
1891	substance which occurs and which affects lands and the surface
1892	and ground waters of the state not regulated by ss. 376.011-
1893	376.21.
1894	(14)  "Drycleaning facility" means a commercial
1895	establishment that operates or has at some time in the past
1896	operated for the primary purpose of drycleaning clothing and
1897	other fabrics utilizing a process that involves any use of
1898	drycleaning solvents. The term "drycleaning facility" includes
1899	laundry facilities that use drycleaning solvents as part of
1900	their cleaning process. The term does not include a facility
1901	that operates or has at some time in the past operated as a
1902	uniform rental company or a linen supply company regardless of
1903	whether the facility operates as or was previously operated as a
1904	drycleaning facility.
1905	(15)  "Drycleaning solvents" means any and all nonaqueous
1906	solvents used in the cleaning of clothing and other fabrics and
1907	includes perchloroethylene (also known as tetrachloroethylene)
1908	and petroleum-based solvents, and their breakdown products. For
1909	purposes of this definition, "drycleaning solvents" only
1910	includes those drycleaning solvents originating from use at a
1911	drycleaning facility or by a wholesale supply facility.
1912	(16)  "Dry drop-off facility" means any commercial retail
1913	store that receives from customers clothing and other fabrics
1914	for drycleaning or laundering at an offsite drycleaning facility
1915	and that does not clean the clothing or fabrics at the store
1916	utilizing drycleaning solvents.
1917	(17)  "Engineering controls" means modifications to a site
1918	to reduce or eliminate the potential for exposure to petroleum
1919	products' chemicals of concern, drycleaning solvents, or other
1920	contaminants.  Such modifications may include, but are not
1921	limited to, physical or hydraulic control measures, capping,
1922	point of use treatments, or slurry walls.
1923	(18)  "Wholesale supply facility" means a commercial
1924	establishment that supplies drycleaning solvents to drycleaning
1925	facilities.
1926	(19)  "Facility" means a nonresidential location
1927	containing, or which contained, any underground stationary tank
1928	or tanks which contain hazardous substances or pollutants and
1929	have individual storage capacities greater than 110 gallons, or
1930	any aboveground stationary tank or tanks which contain
1931	pollutants which are liquids at standard ambient temperature and
1932	pressure and have individual storage capacities greater than 550
1933	gallons. This subsection shall not apply to facilities covered
1934	by chapter 377, or containers storing solid or gaseous
1935	pollutants, and agricultural tanks having storage capacities of
1936	less than 550 gallons.
1937	(20)  "Flow-through process tank" means an aboveground tank
1938	that contains hazardous substances or specified mineral acids as
1939	defined in s. 376.321 and that forms an integral part of a
1940	production process through which there is a steady, variable,
1941	recurring, or intermittent flow of materials during the
1942	operation of the process.  Flow-through process tanks include,
1943	but are not limited to, seal tanks, vapor recovery units, surge
1944	tanks, blend tanks, feed tanks, check and delay tanks, batch
1945	tanks, oil-water separators, or tanks in which mechanical,
1946	physical, or chemical change of a material is accomplished.
1947	(21)  "Hazardous substances" means those substances defined
1948	as hazardous substances in the Comprehensive Environmental
1949	Response, Compensation and Liability Act of 1980, Pub. L. No.
1950	96-510, 94 Stat. 2767, as amended by the Superfund Amendments
1951	and Reauthorization Act of 1986.
1952	(22)  "Institutional controls" means the restriction on use
1953	or access to a site to eliminate or minimize exposure to
1954	petroleum products' chemicals of concern, drycleaning solvents,
1955	or other contaminants.  Such restrictions may include, but are
1956	not limited to, deed restrictions, restrictive covenants, or
1957	conservation easements.
1958	(23)  "Laundering on a wash, dry, and fold basis" means the
1959	service provided by the owner or operator of a coin-operated
1960	laundry to its customers whereby an employee of the laundry
1961	washes, dries, and folds laundry for its customers.
1962	(24)  "Marine fueling facility" means a commercial or
1963	recreational coastal facility, excluding a bulk product
1964	facility, providing fuel to vessels.
1965	(25)  "Natural attenuation" means a verifiable approach to
1966	site rehabilitation that allows natural processes to contain the
1967	spread of contamination and reduce the concentrations of
1968	contaminants in contaminated groundwater and soil. Natural
1969	attenuation processes may include the following: sorption,
1970	biodegradation, chemical reactions with subsurface materials,
1971	diffusion, dispersion, and volatilization.
1972	(26)  "Operator" means any person operating a facility,
1973	whether by lease, contract, or other form of agreement.
1974	(27)  "Owner" means any person owning a facility.
1975	(28)  "Person" means any individual, partner, joint
1976	venture, or corporation; any group of the foregoing, organized
1977	or united for a business purpose; or any governmental entity.
1978	(29)  "Person in charge" means the person on the scene who
1979	is in direct, responsible charge of a facility from which
1980	pollutants are discharged, when the discharge occurs.
1981	(30)  "Person responsible for conducting site
1982	rehabilitation" means the site owner, operator, or the person
1983	designated by the site owner or operator on the reimbursement
1984	application.  Mortgage holders and trust holders may be eligible
1985	to participate in the reimbursement program pursuant to s.
1986	376.3071(12).
1987	(31)  "Person responsible for site rehabilitation" means
1988	the person performing site rehabilitation pursuant to s.
1989	376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701. Such
1990	person may include, but is not limited to, any person who has
1991	legal responsibility for site rehabilitation pursuant to this
1992	chapter or chapter 403, the department when it conducts site
1993	rehabilitation, a real property owner, a facility owner or
1994	operator, any person responsible for brownfield site
1995	rehabilitation, or any person who voluntarily rehabilitates a
1996	site and seeks acknowledgment from the department for approval
1997	of site rehabilitation program tasks.
1998	(32)  "Petroleum" includes:
1999	(a)  Oil, including crude petroleum oil and other
2000	hydrocarbons, regardless of gravity, which are produced at the
2001	well in liquid form by ordinary methods and which are not the
2002	result of condensation of gas after it leaves the reservoir; and
2003	(b)  All natural gas, including casinghead gas, and all
2004	other hydrocarbons not defined as oil in paragraph (a).
2005	(33)  "Petroleum product" means any liquid fuel commodity
2006	made from petroleum, including, but not limited to, all forms of
2007	fuel known or sold as diesel fuel, kerosene, all forms of fuel
2008	known or sold as gasoline, and fuels containing a mixture of
2009	gasoline and other products, excluding liquefied petroleum gas
2010	and American Society for Testing and Materials (ASTM) grades no.
2011	5 and no. 6 residual oils, bunker C residual oils, intermediate
2012	fuel oils (IFO) used for marine bunkering with a viscosity of 30
2013	and higher, asphalt oils, and petrochemical feedstocks.
2014	(34)  "Petroleum products' chemicals of concern" means the
2015	constituents of petroleum products, including, but not limited
2016	to, xylene, benzene, toluene, ethylbenzene, naphthalene, and
2017	similar chemicals, and constituents in petroleum products,
2018	including, but not limited to, methyl tert-butyl ether (MTBE),
2019	lead, and similar chemicals found in additives, provided the
2020	chemicals of concern are present as a result of a discharge of
2021	petroleum products.
2022	(35)  "Petroleum storage system" means a stationary tank
2023	not covered under the provisions of chapter 377, together with
2024	any onsite integral piping or dispensing system associated
2025	therewith, which is used, or intended to be used, for the
2026	storage or supply of any petroleum product. Petroleum storage
2027	systems may also include oil/water separators, and other
2028	pollution control devices installed at petroleum product
2029	terminals as defined in this chapter and bulk product facilities
2030	pursuant to, or required by, permits or best management
2031	practices in an effort to control surface discharge of
2032	pollutants. Nothing herein shall be construed to allow a
2033	continuing discharge in violation of department rules.
2034	(36)  "Pollutants" includes any "product" as defined in s.
2035	377.19(11), pesticides, ammonia, chlorine, and derivatives
2036	thereof, excluding liquefied petroleum gas.
2037	(37)  "Pollution" means the presence on the land or in the
2038	waters of the state of pollutants in quantities which are or may
2039	be potentially harmful or injurious to human health or welfare,
2040	animal or plant life, or property or which may unreasonably
2041	interfere with the enjoyment of life or property, including
2042	outdoor recreation.
2043	(38)  "Real property owner" means the individual or entity
2044	that is vested with ownership, dominion, or legal or rightful
2045	title to the real property, or which has a ground lease interest
2046	in the real property, on which a drycleaning facility or
2047	wholesale supply facility is or has ever been located.
2048	(39)  "Response action" means any activity, including
2049	evaluation, planning, design, engineering, construction, and
2050	ancillary services, which is carried out in response to any
2051	discharge, release, or threatened release of a hazardous
2052	substance, pollutant, or other contaminant from a facility or
2053	site identified by the department under the provisions of ss.
2054	376.30-376.317 376.30-376.319.
2055	(40)  "Response action contractor" means a person who is
2056	carrying out any response action, including a person retained or
2057	hired by such person to provide services relating to a response
2058	action.
2059	(41)  "Risk reduction" means the lowering or elimination of
2060	the level of risk posed to human health or the environment
2061	through interim remedial actions, remedial action, or
2062	institutional and, if appropriate, engineering controls.
2063	(42)  "Secretary" means the Secretary of Environmental
2064	Protection.
2065	(43)  "Site rehabilitation" means the assessment of site
2066	contamination and the remediation activities that reduce the
2067	levels of contaminants at a site through accepted treatment
2068	methods to meet the cleanup target levels established for that
2069	site. For purposes of sites subject to the Resource Conservation
2070	and Recovery Act, as amended, the term includes removal,
2071	decontamination, and corrective action of releases of hazardous
2072	substances.
2073	(44)  "Source removal" means the removal of free product,
2074	or the removal of contaminants from soil or sediment that has
2075	been contaminated to the extent that leaching to groundwater or
2076	surface water has occurred or is occurring.
2077	(45)  "Storage system" means a stationary tank not covered
2078	under the provisions of chapter 377, together with any onsite
2079	integral piping or dispensing system associated therewith, which
2080	is or has been used for the storage or supply of any petroleum
2081	product, pollutant, or hazardous substance as defined herein,
2082	and which is registered with the Department of Environmental
2083	Protection under this chapter or any rule adopted pursuant
2084	hereto.
2085	(46)  "Synergistic effects" means a scientific principle
2086	that the toxicity that occurs as a result of exposure is more
2087	than the sum of the toxicities of the individual chemicals to
2088	which the individual is exposed.
2089	(47)  "Temporary point of compliance" means the boundary
2090	represented by one or more designated monitoring wells at which
2091	groundwater cleanup target levels may not be exceeded while site
2092	rehabilitation is proceeding.
2093	(48)  "Terminal facility" means any structure, group of
2094	structures, motor vehicle, rolling stock, pipeline, equipment,
2095	or related appurtenances which are used or capable of being used
2096	for one or more of the following purposes:  pumping, refining,
2097	drilling for, producing, storing, handling, transferring, or
2098	processing pollutants, provided such pollutants are transferred
2099	over, under, or across any water, estuaries, tidal flats,
2100	beaches, or waterfront lands, including, but not limited to, any
2101	such facility and related appurtenances owned or operated by a
2102	public utility or a governmental or quasi-governmental body. In
2103	the event of a ship-to-ship transfer of pollutants, the vessel
2104	going to or coming from the place of transfer and a terminal
2105	facility shall also be considered a terminal facility. For the
2106	purposes of ss. 376.30-376.317 376.30-376.319, the term
2107	"terminal facility" shall not be construed to include spill
2108	response vessels engaged in response activities related to
2109	removal of pollutants, or temporary storage facilities created
2110	to temporarily store recovered pollutants and matter, or
2111	waterfront facilities owned and operated by governmental
2112	entities acting as agents of public convenience for persons
2113	engaged in the drilling for or pumping, storing, handling,
2114	transferring, processing, or refining of pollutants. However,
2115	each person engaged in the drilling for or pumping, storing,
2116	handling, transferring, processing, or refining of pollutants
2117	through a waterfront facility owned and operated by such a
2118	governmental entity shall be construed as a terminal facility.
2119	(49)  "Transfer" or "transferred" includes onloading,
2120	offloading, fueling, bunkering, lightering, removal of waste
2121	pollutants, or other similar transfers, between terminal
2122	facility and vessel or vessel and vessel.
2123	(50)  "Nearby real property owner" means the individual or
2124	entity that is vested with ownership, dominion, or legal or
2125	rightful title to real property, or that has a ground lease in
2126	real property, onto which drycleaning solvent has migrated
2127	through soil or groundwater from a drycleaning facility or
2128	wholesale supply facility eligible for site rehabilitation under
2129	s. 376.3078(3) or from a drycleaning facility or wholesale
2130	supply facility that is approved by the department for voluntary
2131	cleanup under s. 376.3078(11).
2132
2133	Reviser's note.--Amended to conform to the repeal of
2134	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2135
2136	Section 59.  Paragraphs (a), (f), and (j) of subsection (1)
2137	and subsection (2) of section 376.303, Florida Statutes, are
2138	amended to read:
2139	376.303  Powers and duties of the Department of
2140	Environmental Protection.--
2141	(1)  The department has the power and the duty to:
2142	(a)  Establish rules, including, but not limited to,
2143	construction standards, permitting or registration of tanks,
2144	maintenance and installation standards, and removal or disposal
2145	standards, to implement the intent of ss. 376.30-376.317 376.30-
2146	376.319 and to regulate underground and aboveground facilities
2147	and their onsite integral piping systems. Such rules may
2148	establish standards for underground facilities which store
2149	hazardous substances or pollutants, and marine fueling
2150	facilities and aboveground facilities, not covered by chapter
2151	377, which store pollutants.  The department shall register bulk
2152	product facilities and shall issue annual renewals of such
2153	registrations. Requirements for facilities with underground
2154	storage tanks having storage capacities over 110 gallons that
2155	store hazardous substances became effective on January 1, 1991.
2156	The department shall maintain a compliance verification program
2157	for this section, which may include investigations or
2158	inspections to locate improperly abandoned tanks.  The
2159	department may contract with other governmental agencies or
2160	private consultants to perform compliance verification
2161	activities.  The contracts may provide for an advance of working
2162	capital to local governments to expedite the implementation of
2163	the compliance verification program. Counties with permit or
2164	registration fees for storage tanks or storage tank systems are
2165	not eligible for advance funding for the compliance verification
2166	program.
2167	(f)  Establish a requirement that any facility or terminal
2168	facility covered by this act be subject to complete and thorough
2169	inspections at reasonable times. Any facility or terminal
2170	facility which has discharged a pollutant in violation of the
2171	provisions of ss. 376.30-376.317 376.30-376.319 shall be fully
2172	and carefully monitored by the department to ensure that such
2173	discharge does not continue to occur.
2174	(j)  Bring an action on behalf of the state to enforce the
2175	liabilities imposed by ss. 376.30-376.317 376.30-376.319. The
2176	provisions of ss. 403.121, 403.131, 403.141, and 403.161 apply
2177	to enforcement under ss. 376.30-376.317 376.30-376.319.
2178	(2)  The powers and duties of the department under ss.
2179	376.30-376.317 376.30-376.319 shall extend to the boundaries of
2180	the state described in s. 1, Art. II of the State Constitution.
2181
2182	Reviser's note.--Amended to conform to the repeal of
2183	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2184
2185	Section 60.  Subsections (1) and (5) of section 376.305,
2186	Florida Statutes, are amended to read:
2187	376.305  Removal of prohibited discharges.--
2188	(1)  Any person discharging a pollutant as prohibited by
2189	ss. 376.30-376.317 376.30-376.319 shall immediately undertake to
2190	contain, remove, and abate the discharge to the satisfaction of
2191	the department. However, such an undertaking to contain, remove,
2192	or abate a discharge shall not be deemed an admission of
2193	responsibility for the discharge by the person taking such
2194	action. Notwithstanding this requirement, the department may
2195	undertake the removal of the discharge and may contract and
2196	retain agents who shall operate under the direction of the
2197	department.
2198	(5)  Nothing in ss. 376.30-376.317 376.30-376.319 shall
2199	affect the right of any person to render assistance in
2200	containing or removing any pollutant or any rights which that
2201	person may have against any third party whose acts or omissions
2202	in any way have caused or contributed to the discharge of the
2203	pollutant.
2204
2205	Reviser's note.--Amended to conform to the repeal of
2206	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2207
2208	Section 61.  Paragraph (a) of subsection (1) and paragraph
2209	(c) of subsection (4) of section 376.307, Florida Statutes, are
2210	amended to read:
2211	376.307  Water Quality Assurance Trust Fund.--
2212	(1)  The Water Quality Assurance Trust Fund is intended to
2213	serve as a broad-based fund for use in responding to incidents
2214	of contamination that pose a serious danger to the quality of
2215	groundwater and surface water resources or otherwise pose a
2216	serious danger to the public health, safety, or welfare. Moneys
2217	in this fund may be used:
2218	(a)  To carry out the provisions of ss. 376.30-376.317
2219	376.30-376.319, relating to assessment, cleanup, restoration,
2220	monitoring, and maintenance of any site involving spills,
2221	discharges, or escapes of pollutants or hazardous substances
2222	which occur as a result of procedures taken by private and
2223	governmental entities involving the storage, transportation, and
2224	disposal of such products.
2225	(4)  The trust fund shall be funded as follows:
2226	(c)  All penalties, judgments, recoveries, reimbursements,
2227	and other fees and charges related to the enforcement of ss.
2228	376.30-376.317 376.30-376.319, other than penalties, judgments,
2229	and other fees and charges related to the enforcement of ss.
2230	376.3071 and 376.3073.
2231
2232	Reviser's note.--Amended to conform to the repeal of
2233	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2234
2235	Section 62.  Paragraph (e) of subsection (1) and subsection
2236	(4) of section 376.3071, Florida Statutes, are amended to read:
2237	376.3071  Inland Protection Trust Fund; creation; purposes;
2238	funding.--
2239	(1)  FINDINGS.--In addition to the legislative findings set
2240	forth in s. 376.30, the Legislature finds and declares:
2241	(e)  That it is necessary to fulfill the intent and
2242	purposes of ss. 376.30-376.317 376.30-376.319, and further it is
2243	hereby determined to be in the best interest of, and necessary
2244	for the protection of the public health, safety, and general
2245	welfare of the residents of this state, and therefore a
2246	paramount public purpose, to provide for the creation of a
2247	nonprofit public benefit corporation as an instrumentality of
2248	the state to assist in financing the functions provided in ss.
2249	376.30-376.317 376.30-376.319 and to authorize the department to
2250	enter into one or more service contracts with such corporation
2251	for the provision of financing services related to such
2252	functions and to make payments thereunder from the amount on
2253	deposit in the Inland Protection Trust Fund, subject to annual
2254	appropriation by the Legislature.
2255	(4)  USES.--Whenever, in its determination, incidents of
2256	inland contamination related to the storage of petroleum or
2257	petroleum products may pose a threat to the environment or the
2258	public health, safety, or welfare, the department shall obligate
2259	moneys available in the fund to provide for:
2260	(a)  Prompt investigation and assessment of contamination
2261	sites.
2262	(b)  Expeditious restoration or replacement of potable
2263	water supplies as provided in s. 376.30(3)(c)1.
2264	(c)  Rehabilitation of contamination sites, which shall
2265	consist of cleanup of affected soil, groundwater, and inland
2266	surface waters, using the most cost-effective alternative that
2267	is technologically feasible and reliable and that provides
2268	adequate protection of the public health, safety, and welfare
2269	and minimizes environmental damage, in accordance with the site
2270	selection and cleanup criteria established by the department
2271	under subsection (5), except that nothing herein shall be
2272	construed to authorize the department to obligate funds for
2273	payment of costs which may be associated with, but are not
2274	integral to, site rehabilitation, such as the cost for
2275	retrofitting or replacing petroleum storage systems.
2276	(d)  Maintenance and monitoring of contamination sites.
2277	(e)  Inspection and supervision of activities described in
2278	this subsection.
2279	(f)  Payment of expenses incurred by the department in its
2280	efforts to obtain from responsible parties the payment or
2281	recovery of reasonable costs resulting from the activities
2282	described in this subsection.
2283	(g)  Payment of any other reasonable costs of
2284	administration, including those administrative costs incurred by
2285	the Department of Health in providing field and laboratory
2286	services, toxicological risk assessment, and other assistance to
2287	the department in the investigation of drinking water
2288	contamination complaints and costs associated with public
2289	information and education activities.
2290	(h)  Establishment and implementation of the compliance
2291	verification program as authorized in s. 376.303(1)(a),
2292	including contracting with local governments or state agencies
2293	to provide for the administration of such program through
2294	locally administered programs, to minimize the potential for
2295	further contamination sites.
2296	(i)  Funding of the provisions of ss. 376.305(6) and
2297	376.3072.
2298	(j)  Activities related to removal and replacement of
2299	petroleum storage systems, exclusive of costs of any tank,
2300	piping, dispensing unit, or related hardware, if soil removal is
2301	preapproved as a component of site rehabilitation and requires
2302	removal of the tank where remediation is conducted under s.
2303	376.30711 or if such activities were justified in an approved
2304	remedial action plan performed pursuant to subsection (12).
2305	(k)  Activities related to reimbursement application
2306	preparation and activities related to reimbursement application
2307	examination by a certified public accountant pursuant to
2308	subsection (12).
2309	(l)  Reasonable costs of restoring property as nearly as
2310	practicable to the conditions which existed prior to activities
2311	associated with contamination assessment or remedial action
2312	taken under s. 376.303(4).
2313	(m)  Repayment of loans to the fund.
2314	(n)  Expenditure of sums from the fund to cover ineligible
2315	sites or costs as set forth in subsection (13), if the
2316	department in its discretion deems it necessary to do so. In
2317	such cases, the department may seek recovery and reimbursement
2318	of costs in the same manner and in accordance with the same
2319	procedures as are established for recovery and reimbursement of
2320	sums otherwise owed to or expended from the fund.
2321	(o)  Payment of amounts payable under any service contract
2322	entered into by the department pursuant to s. 376.3075, subject
2323	to annual appropriation by the Legislature.
2324	(p)  Petroleum remediation pursuant to s. 376.30711
2325	throughout a state fiscal year. The department shall establish a
2326	process to uniformly encumber appropriated funds throughout a
2327	state fiscal year and shall allow for emergencies and imminent
2328	threats to human health and the environment as provided in
2329	paragraph (5)(a). This paragraph does not apply to
2330	appropriations associated with the free product recovery
2331	initiative of paragraph (5)(c) or the preapproved advanced
2332	cleanup program of s. 376.30713.
2333
2334	The Inland Protection Trust Fund may only be used to fund the
2335	activities in ss. 376.30-376.317 376.30-376.319 except ss.
2336	376.3078 and 376.3079.  Amounts on deposit in the Inland
2337	Protection Trust Fund in each fiscal year shall first be applied
2338	or allocated for the payment of amounts payable by the
2339	department pursuant to paragraph (o) under a service contract
2340	entered into by the department pursuant to s. 376.3075 and
2341	appropriated in each year by the Legislature prior to making or
2342	providing for other disbursements from the fund. Nothing in this
2343	subsection shall authorize the use of the Inland Protection
2344	Trust Fund for cleanup of contamination caused primarily by a
2345	discharge of solvents as defined in s. 206.9925(6), or
2346	polychlorinated biphenyls when their presence causes them to be
2347	hazardous wastes, except solvent contamination which is the
2348	result of chemical or physical breakdown of petroleum products
2349	and is otherwise eligible. Facilities used primarily for the
2350	storage of motor or diesel fuels as defined in ss. 206.01 and
2351	206.86 shall be presumed not to be excluded from eligibility
2352	pursuant to this section.
2353
2354	Reviser's note.--Amended to conform to the repeal of
2355	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2356
2357	Section 63.  Subsections (1) and (4) of section 376.3075,
2358	Florida Statutes, are amended to read:
2359	376.3075  Inland Protection Financing Corporation.--
2360	(1)  There is hereby created a nonprofit public benefit
2361	corporation to be known as the "Inland Protection Financing
2362	Corporation" for the purpose of financing the rehabilitation of
2363	petroleum contamination sites pursuant to ss. 376.30-376.317
2364	376.30-376.319 and the payment, purchase, and settlement of
2365	reimbursement obligations of the department pursuant to s.
2366	376.3071(12), existing as of December 31, 1996. Such
2367	reimbursement obligations are referred to in this section as
2368	existing reimbursement obligations. The corporation shall
2369	terminate on July 1, 2025.
2370	(4)  The corporation is authorized to enter into one or
2371	more service contracts with the department pursuant to which the
2372	corporation shall provide services to the department in
2373	connection with financing the functions and activities provided
2374	for in ss. 376.30-376.317 376.30-376.319. The department may
2375	enter into one or more such service contracts with the
2376	corporation and to provide for payments under such contracts
2377	pursuant to s. 376.3071(4)(o), subject to annual appropriation
2378	by the Legislature. The proceeds from such service contracts may
2379	be used for the costs and expenses of administration of the
2380	corporation after payments as set forth in subsection (5). Each
2381	service contract shall have a term not to exceed 10 years and
2382	shall terminate no later than July 1, 2025. The aggregate amount
2383	payable from the Inland Protection Trust Fund under all such
2384	service contracts shall not exceed $65 million in any state
2385	fiscal year. Amounts annually appropriated and applied to make
2386	payments under such service contracts shall not include any
2387	funds derived from penalties or other payments received from any
2388	property owner or private party, including payments received
2389	from s. 376.3071(6)(b). In compliance with provisions of s.
2390	287.0641 and other applicable provisions of law, the obligations
2391	of the department under such service contracts shall not
2392	constitute a general obligation of the state or a pledge of the
2393	faith and credit or taxing power of the state nor shall such
2394	obligations be construed in any manner as an obligation of the
2395	State Board of Administration or entities for which it invests
2396	funds, other than the department as provided in this section,
2397	but shall be payable solely from amounts available in the Inland
2398	Protection Trust Fund, subject to annual appropriation. In
2399	compliance with this subsection and s. 287.0582, the service
2400	contract shall expressly include the following statement: "The
2401	State of Florida's performance and obligation to pay under this
2402	contract is contingent upon an annual appropriation by the
2403	Legislature."
2404
2405	Reviser's note.--Amended to conform to the repeal of
2406	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2407
2408	Section 64.  Subsections (2) and (4) of section 376.30781,
2409	Florida Statutes, are amended to read:
2410	376.30781  Partial tax credits for rehabilitation of
2411	drycleaning-solvent-contaminated sites and brownfield sites in
2412	designated brownfield areas; application process; rulemaking
2413	authority; revocation authority.--
2414	(2)  Notwithstanding the requirements of paragraph (5)(a),
2415	tax credits allowed pursuant to s. ss. 199.1055 and 220.1845 are
2416	available for any site rehabilitation conducted during the
2417	calendar year in which the applicable voluntary cleanup
2418	agreement or brownfield site rehabilitation agreement is
2419	executed, even if the site rehabilitation is conducted prior to
2420	the execution of that agreement or the designation of the
2421	brownfield area.
2422	(4)  The Department of Environmental Protection shall be
2423	responsible for allocating the tax credits provided for in s.
2424	220.1845, not to exceed a total of $2 $5 million in tax credits
2425	annually.
2426
2427	Reviser's note.--Subsection (2) is amended to conform
2428	to the repeal of s. 199.1055 by s. 1, ch. 2006-312,
2429	Laws of Florida. Subsection (4) is amended to correct
2430	an apparent error and facilitate correct
2431	interpretation. The original bill and first engrossed
2432	version of House Bill 7131 contained five changes of
2433	the $2 million tax credit amount to $5 million in ss.
2434	199.1055, 220.1845, and 376.30781. The second
2435	engrossed version and final act, which became ch.
2436	2006-291, Laws of Florida, reverted the amount back to
2437	$2 million in all but this location.
2438
2439	Section 65.  Paragraph (a) of subsection (3) of section
2440	376.3079, Florida Statutes, is amended to read:
2441	376.3079  Third-party liability insurance.--
2442	(3)  For purposes of this section and s. 376.3078, the
2443	term:
2444	(a)  "Third-party liability" means the insured's liability,
2445	other than for site rehabilitation costs and property damage as
2446	applied to sites utilizing the provisions of s. 376.3078(3) and
2447	(11) 378.3078(3) and (11), for bodily injury caused by an
2448	incident of contamination related to the operation of a
2449	drycleaning facility or wholesale supply facility.
2450
2451	Reviser's note.--Amended to correct an apparent error.
2452	Section 378.3078 does not exist; s. 376.3078(3) and
2453	(11) relate to rehabilitation liability and voluntary
2454	cleanup regarding drycleaning facility restoration,
2455	respectively.
2456
2457	Section 66.  Subsection (1) of section 376.308, Florida
2458	Statutes, is amended to read:
2459	376.308  Liabilities and defenses of facilities.--
2460	(1)  In any suit instituted by the department under ss.
2461	376.30-376.317 376.30-376.319, it is not necessary to plead or
2462	prove negligence in any form or matter.  The department need
2463	only plead and prove that the prohibited discharge or other
2464	polluting condition has occurred.  The following persons shall
2465	be liable to the department for any discharges or polluting
2466	condition:
2467	(a)  Any person who caused a discharge or other polluting
2468	condition or who owned or operated the facility, or the
2469	stationary tanks or the nonresidential location which
2470	constituted the facility, at the time the discharge occurred.
2471	(b)  In the case of a discharge of hazardous substances,
2472	all persons specified in s. 403.727(4).
2473	(c)  In the case of a discharge of petroleum, petroleum
2474	products, or drycleaning solvents, the owner of the facility,
2475	the drycleaning facility, or the wholesale supply facility,
2476	unless the owner can establish that he or she acquired title to
2477	property contaminated by the activities of a previous owner or
2478	operator or other third party, that he or she did not cause or
2479	contribute to the discharge, and that he or she did not know of
2480	the polluting condition at the time the owner acquired title. If
2481	the owner acquired title subsequent to July 1, 1992, or, in the
2482	case of a drycleaning facility or wholesale supply facility,
2483	subsequent to July 1, 1994, he or she must also establish by a
2484	preponderance of the evidence that he or she undertook, at the
2485	time of acquisition, all appropriate inquiry into the previous
2486	ownership and use of the property consistent with good
2487	commercial or customary practice in an effort to minimize
2488	liability. The court or hearing officer shall take into account
2489	any specialized knowledge or experience on the part of the
2490	defendant, the relationship of the purchase price to the value
2491	of the property if uncontaminated, commonly known or reasonably
2492	ascertainable information about the property, the obviousness of
2493	the presence or likely presence of contamination at the
2494	property, and the ability to detect such contamination by
2495	appropriate inspection. In an action relating to a discharge of
2496	petroleum, petroleum products, or drycleaning solvents under
2497	chapter 403, the defenses and definitions set forth herein shall
2498	apply.
2499
2500	Reviser's note.--Amended to conform to the repeal of
2501	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2502
2503	Section 67.  Section 376.309, Florida Statutes, is amended
2504	to read:
2505	376.309  Facilities, financial responsibility.--
2506	(1)  Each owner of a facility is required to establish and
2507	maintain evidence of financial responsibility.  Such evidence of
2508	financial responsibility shall be the only evidence required by
2509	the department that such owner has the ability to meet the
2510	liabilities which may be incurred under ss. 376.30-376.317
2511	376.30-376.319.
2512	(2)  Any claim brought pursuant to ss. 376.30-376.317
2513	376.30-376.319 may be brought directly against the bond, the
2514	insurer, or any other person providing a facility with evidence
2515	of financial responsibility.
2516	(3)  Each owner of a facility subject to the provisions of
2517	ss. 376.30-376.317 376.30-376.319 shall designate a person in
2518	the state as his or her legal agent for service of process under
2519	ss. 376.30-376.317 376.30-376.319, and such designation shall be
2520	filed with the Department of State.  In the absence of such
2521	designation, the Secretary of State shall be the designated
2522	agent for purposes of service of process under ss. 376.30-
2523	376.317 376.30-376.319.
2524
2525	Reviser's note.--Amended to conform to the repeal of
2526	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2527
2528	Section 68.  Section 376.313, Florida Statutes, is amended
2529	to read:
2530	376.313  Nonexclusiveness of remedies and individual cause
2531	of action for damages under ss. 376.30-376.317 376.30-376.319.--
2532	(1)  The remedies in ss. 376.30-376.317 376.30-376.319
2533	shall be deemed to be cumulative and not exclusive.
2534	(2)  Nothing in ss. 376.30-376.317 376.30-376.319 requires
2535	the pursuit of any claim against the Water Quality Assurance
2536	Trust Fund or the Inland Protection Trust Fund as a condition
2537	precedent to any other remedy.
2538	(3)  Except as provided in s. 376.3078(3) and (11), nothing
2539	contained in ss. 376.30-376.317 376.30-376.319 prohibits any
2540	person from bringing a cause of action in a court of competent
2541	jurisdiction for all damages resulting from a discharge or other
2542	condition of pollution covered by ss. 376.30-376.317 376.30-
2543	376.319. Nothing in this chapter shall prohibit or diminish a
2544	party's right to contribution from other parties jointly or
2545	severally liable for a prohibited discharge of pollutants or
2546	hazardous substances or other pollution conditions. Except as
2547	otherwise provided in subsection (4) or subsection (5), in any
2548	such suit, it is not necessary for such person to plead or prove
2549	negligence in any form or manner. Such person need only plead
2550	and prove the fact of the prohibited discharge or other
2551	pollutive condition and that it has occurred. The only defenses
2552	to such cause of action shall be those specified in s. 376.308.
2553	(4)  In any civil action brought after July 1, 1986,
2554	against the owner or operator of a petroleum storage system for
2555	damages arising from a petroleum storage system discharge, the
2556	provisions of subsection (3) shall not apply if it can be proven
2557	that, at the time of the discharge:
2558	(a)  The alleged damages resulted solely from a discharge
2559	from a petroleum storage system which was installed, replaced,
2560	or retrofitted, and maintained, in a manner consistent with the
2561	construction, operation, repair, and maintenance standards
2562	established for such systems under chapter 62-761, Florida
2563	Administrative Code, as that chapter may hereafter be amended.
2564	The requirement of consistency with such standards may be
2565	satisfied only by being in compliance with the standards at the
2566	time of the discharge, regardless of the time specified for
2567	compliance under the schedule provided in said chapter.
2568	(b)  A leak detection system or systems or a monitoring
2569	well or wells were installed and operating in a manner
2570	consistent with technical requirements of chapter 62-761,
2571	Florida Administrative Code, as that chapter may hereafter be
2572	amended; and
2573	(c)  All inventory, recordkeeping, and reporting
2574	requirements of chapter 62-761, Florida Administrative Code, as
2575	that chapter may hereafter be amended, have been and are being
2576	complied with.
2577
2578	Any person bringing such an action must prove negligence to
2579	recover damages under this subsection. For the purposes of this
2580	subsection, noncompliance with this act, or any of the rules
2581	promulgated pursuant hereto, as the same may hereafter be
2582	amended, shall be prima facie evidence of negligence.
2583	(5)(a)  In any civil action against the owner or operator
2584	of a drycleaning facility or a wholesale supply facility, or the
2585	owner of the real property on which such facility is located, if
2586	such facility is not eligible under s. 376.3078(3) and is not
2587	involved in voluntary cleanup under s. 376.3078(11), for damages
2588	arising from the discharge of drycleaning solvents from a
2589	drycleaning facility or wholesale supply facility, the
2590	provisions of subsection (3) shall not apply if it can be proven
2591	that, at the time of the discharge the alleged damages resulted
2592	solely from a discharge from a drycleaning facility or wholesale
2593	supply facility that was in compliance with department rules
2594	regulating drycleaning facilities or wholesale supply
2595	facilities.
2596	(b)  Any person bringing such an action must prove
2597	negligence in order to recover damages under this subsection.
2598	For the purposes of this subsection, noncompliance with s.
2599	376.303 or s. 376.3078, or any of the rules promulgated pursuant
2600	thereto, or any applicable state or federal law or regulation,
2601	as the same may hereafter be amended, shall be prima facie
2602	evidence of negligence.
2603	(6)  The court, in issuing any final judgment in any such
2604	action, may award costs of litigation (including reasonable
2605	attorney's and expert witness fees) to any party, whenever the
2606	court determines such an award is in the public interest.
2607
2608	Reviser's note.--Amended to conform to the repeal of
2609	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2610
2611	Section 69.  Section 376.315, Florida Statutes, is amended
2612	to read:
2613	376.315  Construction of ss. 376.30-376.317 376.30-
2614	376.319.--Sections 376.30-376.317 376.30-376.319, being
2615	necessary for the general welfare and the public health and
2616	safety of the state and its inhabitants, shall be liberally
2617	construed to effect the purposes set forth under ss. 376.30-
2618	376.317 376.30-376.319 and the Federal Water Pollution Control
2619	Act, as amended.
2620
2621	Reviser's note.--Amended to conform to the repeal of
2622	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2623
2624	Section 70.  Subsection (1) of section 376.317, Florida
2625	Statutes, is amended to read:
2626	376.317  Superseded laws; state preemption.--
2627	(1)  If any provision of ss. 376.30-376.317 376.30-376.319
2628	or of the rules developed pursuant to such sections, which
2629	provision pertains to a facility maintained for the purpose of
2630	the underground storage of petroleum products for use as fuel in
2631	vehicles, including, but not limited to, those vehicles used on
2632	and off roads, aircraft, watercraft, and rail, is in conflict
2633	with any other provision, limitation, or restriction which is
2634	now in effect under any law of this state or any ordinance of a
2635	local government, political subdivision, or municipality, or any
2636	rule or regulation adopted thereunder, the provision of ss.
2637	376.30-376.317 376.30-376.319 shall control, except as provided
2638	in subsection (3).
2639
2640	Reviser's note.--Amended to conform to the repeal of
2641	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2642
2643	Section 71.  Paragraph (d) of subsection (1) of section
2644	376.82, Florida Statutes, is amended to read:
2645	376.82  Eligibility criteria and liability protection.--
2646	(1)  ELIGIBILITY.--Any person who has not caused or
2647	contributed to the contamination of a brownfield site on or
2648	after July 1, 1997, is eligible to participate in the brownfield
2649	program established in ss. 376.77-376.85, subject to the
2650	following:
2651	(d)  After July 1, 1997, petroleum and drycleaning
2652	contamination sites shall not receive both restoration funding
2653	assistance available for the discharge under this chapter and
2654	any state assistance available under s. 288.107.  Nothing in
2655	this act shall affect the cleanup criteria, priority ranking,
2656	and other rights and obligations inherent in petroleum
2657	contamination and drycleaning contamination site rehabilitation
2658	under ss. 376.30-376.317 376.30-376.319, or the availability of
2659	economic incentives otherwise provided for by law.
2660
2661	Reviser's note.--Amended to conform to the repeal of
2662	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
2663
2664	Section 72.  Paragraph (d) of subsection (1) of section
2665	376.84, Florida Statutes, is amended to read:
2666	376.84  Brownfield redevelopment economic incentives.--It
2667	is the intent of the Legislature that brownfield redevelopment
2668	activities be viewed as opportunities to significantly improve
2669	the utilization, general condition, and appearance of these
2670	sites.  Different standards than those in place for new
2671	development, as allowed under current state and local laws,
2672	should be used to the fullest extent to encourage the
2673	redevelopment of a brownfield.  State and local governments are
2674	encouraged to offer redevelopment incentives for this purpose,
2675	as an ongoing public investment in infrastructure and services,
2676	to help eliminate the public health and environmental hazards,
2677	and to promote the creation of jobs in these areas.  Such
2678	incentives may include financial, regulatory, and technical
2679	assistance to persons and businesses involved in the
2680	redevelopment of the brownfield pursuant to this act.
2681	(1)  Financial incentives and local incentives for
2682	redevelopment may include, but not be limited to:
2683	(d)  Waiver, reduction, or limitation by line of business
2684	with respect to business occupational license taxes pursuant to
2685	chapter 205.
2686
2687	Reviser's note.--Amended to conform to the
2688	redesignation of occupational license taxes in chapter
2689	205 as business taxes by ch. 2006-152, Laws of
2690	Florida.
2691
2692	Section 73.  Subsection (24) of section 380.06, Florida
2693	Statutes, is amended to read:
2694	380.06  Developments of regional impact.--
2695	(24)  STATUTORY EXEMPTIONS.--
2696	(a)  Any proposed hospital is exempt from the provisions of
2697	this section.
2698	(b)  Any proposed electrical transmission line or
2699	electrical power plant is exempt from the provisions of this
2700	section.
2701	(c)  Any proposed addition to an existing sports facility
2702	complex is exempt from the provisions of this section if the
2703	addition meets the following characteristics:
2704	1.  It would not operate concurrently with the scheduled
2705	hours of operation of the existing facility.
2706	2.  Its seating capacity would be no more than 75 percent
2707	of the capacity of the existing facility.
2708	3.  The sports facility complex property is owned by a
2709	public body prior to July 1, 1983.
2710
2711	This exemption does not apply to any pari-mutuel facility.
2712	(d)  Any proposed addition or cumulative additions
2713	subsequent to July 1, 1988, to an existing sports facility
2714	complex owned by a state university is exempt if the increased
2715	seating capacity of the complex is no more than 30 percent of
2716	the capacity of the existing facility.
2717	(e)  Any addition of permanent seats or parking spaces for
2718	an existing sports facility located on property owned by a
2719	public body prior to July 1, 1973, is exempt from the provisions
2720	of this section if future additions do not expand existing
2721	permanent seating or parking capacity more than 15 percent
2722	annually in excess of the prior year's capacity.
2723	(f)  Any increase in the seating capacity of an existing
2724	sports facility having a permanent seating capacity of at least
2725	50,000 spectators is exempt from the provisions of this section,
2726	provided that such an increase does not increase permanent
2727	seating capacity by more than 5 percent per year and not to
2728	exceed a total of 10 percent in any 5-year period, and provided
2729	that the sports facility notifies the appropriate local
2730	government within which the facility is located of the increase
2731	at least 6 months prior to the initial use of the increased
2732	seating, in order to permit the appropriate local government to
2733	develop a traffic management plan for the traffic generated by
2734	the increase. Any traffic management plan shall be consistent
2735	with the local comprehensive plan, the regional policy plan, and
2736	the state comprehensive plan.
2737	(g)  Any expansion in the permanent seating capacity or
2738	additional improved parking facilities of an existing sports
2739	facility is exempt from the provisions of this section, if the
2740	following conditions exist:
2741	1.a.  The sports facility had a permanent seating capacity
2742	on January 1, 1991, of at least 41,000 spectator seats;
2743	b.  The sum of such expansions in permanent seating
2744	capacity does not exceed a total of 10 percent in any 5-year
2745	period and does not exceed a cumulative total of 20 percent for
2746	any such expansions; or
2747	c.  The increase in additional improved parking facilities
2748	is a one-time addition and does not exceed 3,500 parking spaces
2749	serving the sports facility; and
2750	2.  The local government having jurisdiction of the sports
2751	facility includes in the development order or development permit
2752	approving such expansion under this paragraph a finding of fact
2753	that the proposed expansion is consistent with the
2754	transportation, water, sewer and stormwater drainage provisions
2755	of the approved local comprehensive plan and local land
2756	development regulations relating to those provisions.
2757
2758	Any owner or developer who intends to rely on this statutory
2759	exemption shall provide to the department a copy of the local
2760	government application for a development permit. Within 45 days
2761	of receipt of the application, the department shall render to
2762	the local government an advisory and nonbinding opinion, in
2763	writing, stating whether, in the department's opinion, the
2764	prescribed conditions exist for an exemption under this
2765	paragraph. The local government shall render the development
2766	order approving each such expansion to the department. The
2767	owner, developer, or department may appeal the local government
2768	development order pursuant to s. 380.07, within 45 days after
2769	the order is rendered. The scope of review shall be limited to
2770	the determination of whether the conditions prescribed in this
2771	paragraph exist. If any sports facility expansion undergoes
2772	development of regional impact review, all previous expansions
2773	which were exempt under this paragraph shall be included in the
2774	development of regional impact review.
2775	(h)  Expansion to port harbors, spoil disposal sites,
2776	navigation channels, turning basins, harbor berths, and other
2777	related inwater harbor facilities of ports listed in s.
2778	403.021(9)(b), port transportation facilities and projects
2779	listed in s. 311.07(3)(b), and intermodal transportation
2780	facilities identified pursuant to s. 311.09(3) are exempt from
2781	the provisions of this section when such expansions, projects,
2782	or facilities are consistent with comprehensive master plans
2783	that are in compliance with the provisions of s. 163.3178.
2784	(i)  Any proposed facility for the storage of any petroleum
2785	product or any expansion of an existing facility is exempt from
2786	the provisions of this section.
2787	(j)  Any renovation or redevelopment within the same land
2788	parcel which does not change land use or increase density or
2789	intensity of use.
2790	(k)  Waterport and marina development, including dry
2791	storage facilities, are exempt from the provisions of this
2792	section.
2793	(l)  Any proposed development within an urban service
2794	boundary established under s. 163.3177(14) is exempt from the
2795	provisions of this section if the local government having
2796	jurisdiction over the area where the development is proposed has
2797	adopted the urban service boundary, has entered into a binding
2798	agreement with jurisdictions that would be impacted and with the
2799	Department of Transportation regarding the mitigation of impacts
2800	on state and regional transportation facilities, and has adopted
2801	a proportionate share methodology pursuant to s. 163.3180(16).
2802	(m)  Any proposed development within a rural land
2803	stewardship area created under s. 163.3177(11)(d) is exempt from
2804	the provisions of this section if the local government that has
2805	adopted the rural land stewardship area has entered into a
2806	binding agreement with jurisdictions that would be impacted and
2807	the Department of Transportation regarding the mitigation of
2808	impacts on state and regional transportation facilities, and has
2809	adopted a proportionate share methodology pursuant to s.
2810	163.3180(16).
2811	(n)  Any proposed development or redevelopment within an
2812	area designated as an urban infill and redevelopment area under
2813	s. 163.2517 is exempt from this section if the local government
2814	has entered into a binding agreement with jurisdictions that
2815	would be impacted and the Department of Transportation regarding
2816	the mitigation of impacts on state and regional transportation
2817	facilities, and has adopted a proportionate share methodology
2818	pursuant to s. 163.3180(16).
2819	(o)  The establishment, relocation, or expansion of any
2820	military installation as defined in s. 163.3175, is exempt from
2821	this section.
2822	(p)  Any self-storage warehousing that does not allow
2823	retail or other services is exempt from this section.
2824	(q)  Any proposed nursing home or assisted living facility
2825	is exempt from this section.
2826	(r)  Any development identified in an airport master plan
2827	and adopted into the comprehensive plan pursuant to s.
2828	163.3177(6)(k) is exempt from this section.
2829	(s)  Any development identified in a campus master plan and
2830	adopted pursuant to s. 1013.30 is exempt from this section.
2831	(t)  Any development in a specific area plan which is
2832	prepared pursuant to s. 163.3245 and adopted into the
2833	comprehensive plan is exempt from this section.
2834	(u)  Any development within a county with a research and
2835	education authority created by special act and that is also
2836	within a research and development park that is operated or
2837	managed by a research and development authority pursuant to part
2838	V of chapter 159 is exempt from this section.
2839
2840	If a use is exempt from review as a development of regional
2841	impact under paragraphs (a)-(t), except for paragraph (u), but
2842	will be part of a larger project that is subject to review as a
2843	development of regional impact, the impact of the exempt use
2844	must be included in the review of the larger project.
2845
2846	Reviser's note.--Amended to improve clarity and
2847	eliminate redundancy.
2848
2849	Section 74.  Paragraph (c) of subsection (3) of section
2850	380.23, Florida Statutes, is amended to read:
2851	380.23  Federal consistency.--
2852	(3)  Consistency review shall be limited to review of the
2853	following activities, uses, and projects to ensure that such
2854	activities, uses, and projects are conducted in accordance with
2855	the state's coastal management program:
2856	(c)  Federally licensed or permitted activities affecting
2857	land or water uses when such activities are in or seaward of the
2858	jurisdiction of local governments required to develop a coastal
2859	zone protection element as provided in s. 380.24 and when such
2860	activities involve:
2861	1.  Permits and licenses required under the Rivers and
2862	Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
2863	2.  Permits and licenses required under the Marine
2864	Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
2865	1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
2866	3.  Permits and licenses required under the Federal Water
2867	Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
2868	amended, unless such permitting activities have been delegated
2869	to the state pursuant to said act.
2870	4.  Permits and licenses relating to the transportation of
2871	hazardous substance materials or transportation and dumping
2872	which are issued pursuant to the Hazardous Materials
2873	Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
2874	33 U.S.C. s. 1321, as amended.
2875	5.  Permits and licenses required under 15 U.S.C. ss. 717-
2876	717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
2877	1331-1356 for construction and operation of interstate gas
2878	pipelines and storage facilities.
2879	6.  Permits and licenses required for the siting and
2880	construction of any new electrical power plants as defined in s.
2881	403.503(13) 403.503(12), as amended, and the licensing and
2882	relicensing of hydroelectric power plants under the Federal
2883	Power Act, 16 U.S.C. ss. 791a et seq., as amended.
2884	7.  Permits and licenses required under the Mining Law of
2885	1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
2886	Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
2887	Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
2888	amended; the Federal Land Policy and Management Act, 43 U.S.C.
2889	ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
2890	U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
2891	U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
2892	pipelines, geological and geophysical activities, or rights-of-
2893	way on public lands and permits and licenses required under the
2894	Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
2895	amended.
2896	8.  Permits and licenses for areas leased under the OCS
2897	Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
2898	leases and approvals of exploration, development, and production
2899	plans.
2900	9.  Permits and licenses required under the Deepwater Port
2901	Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
2902	10.  Permits required for the taking of marine mammals
2903	under the Marine Mammal Protection Act of 1972, as amended, 16
2904	U.S.C. s. 1374.
2905
2906	Reviser's note.--Amended to conform to the
2907	redesignation of s. 403.503(12) as s. 403.503(13) by
2908	s. 20, ch. 2006-230, Laws of Florida.
2909
2910	Section 75.  Paragraph (i) of subsection (3) of section
2911	381.028, Florida Statutes, is amended to read:
2912	381.028  Adverse medical incidents.--
2913	(3)  DEFINITIONS.--As used in s. 25, Art. X of the State
2914	Constitution and this act, the term:
2915	(i)  "Privacy restrictions imposed by federal law" means
2916	the provisions relating to the disclosure of patient privacy
2917	information under federal law, including, but not limited to,
2918	the Health Insurance Portability and Accountability Act of 1996
2919	(HIPAA), Pub. L. No. 104-191 104-91, and its implementing
2920	regulations, the Federal Privacy Act, 5 U.S.C. s. 552(a), and
2921	its implementing regulations, and any other federal law,
2922	including, but not limited to, federal common law and decisional
2923	law, that would prohibit the disclosure of patient privacy
2924	information.
2925
2926	Reviser's note.--Amended to conform to context. The
2927	Health Insurance Portability and Accountability Act of
2928	1996 is Pub. L. No. 104-191.
2929
2930	Section 76.  Subsection (4) of section 400.0073, Florida
2931	Statutes, is amended to read:
2932	400.0073  State and local ombudsman council
2933	investigations.--
2934	(4)  If the ombudsman or any state or local council member
2935	is not allowed to enter a long-term care facility, the
2936	administrator of the facility shall be considered to have
2937	interfered with a representative of the office, the state
2938	council, or the local council in the performance of official
2939	duties as described in s. 400.0083(1) and to have committed a
2940	violation of this part. The ombudsman shall report a facility's
2941	refusal to allow entry to the agency, and the agency shall
2942	record the report and take it into consideration when
2943	determining actions allowable under s. 400.102, s. 400.121, s.
2944	429.14 400.414, s. 429.19 400.419, s. 429.69 400.6194, or s.
2945	429.71 400.6196.
2946
2947	Reviser's note.--Amended to conform to the transfer of
2948	sections comprising parts III and VII of chapter 400
2949	to parts I and II of chapter 429 by ss. 2, 3, ch.
2950	2006-197, Laws of Florida.
2951
2952	Section 77.  Paragraph (a) of subsection (2) and subsection
2953	(4) of section 400.0074, Florida Statutes, are amended to read:
2954	400.0074  Local ombudsman council onsite administrative
2955	assessments.--
2956	(2)  An onsite administrative assessment conducted by a
2957	local council shall be subject to the following conditions:
2958	(a)  To the extent possible and reasonable, the
2959	administrative assessments shall not duplicate the efforts of
2960	the agency surveys and inspections conducted under part parts
2961	II, III, and VII of this chapter and parts I and II of chapter
2962	429.
2963	(4)  An onsite administrative assessment may not be
2964	accomplished by forcible entry. However, if the ombudsman or a
2965	state or local council member is not allowed to enter a long-
2966	term care facility, the administrator of the facility shall be
2967	considered to have interfered with a representative of the
2968	office, the state council, or the local council in the
2969	performance of official duties as described in s. 400.0083(1)
2970	and to have committed a violation of this part. The ombudsman
2971	shall report the refusal by a facility to allow entry to the
2972	agency, and the agency shall record the report and take it into
2973	consideration when determining actions allowable under s.
2974	400.102, s. 400.121, s. 429.14 400.414, s. 429.19 400.419, s.
2975	429.69 400.6194, or s. 429.71 400.6196.
2976
2977	Reviser's note.--Amended to conform to the transfer of
2978	sections comprising parts III and VII of chapter 400
2979	to parts I and II of chapter 429 by ss. 2, 3, ch.
2980	2006-197, Laws of Florida.
2981
2982	Section 78.  Paragraph (a) of subsection (2) of section
2983	400.0075, Florida Statutes, is amended to read:
2984	400.0075  Complaint notification and resolution
2985	procedures.--
2986	(2)(a)  Upon referral from a local council, the state
2987	council shall assume the responsibility for the disposition of
2988	the complaint. If a long-term care facility fails to take action
2989	on a complaint by the state council, the state council may,
2990	after obtaining approval from the ombudsman and a majority of
2991	the state council members:
2992	1.  In accordance with s. 400.0077, publicize the
2993	complaint, the recommendations of the local or state council,
2994	and the response of the long-term care facility.
2995	2.  Recommend to the department and the agency a series of
2996	facility reviews pursuant to s. 400.19, s. 429.34 400.434, or s.
2997	429.67 400.619 to ensure correction and nonrecurrence of
2998	conditions that give rise to complaints against a long-term care
2999	facility.
3000	3.  Recommend to the department and the agency that the
3001	long-term care facility no longer receive payments under any
3002	state assistance program, including Medicaid.
3003	4.  Recommend to the department and the agency that
3004	procedures be initiated for revocation of the long-term care
3005	facility's license in accordance with chapter 120.
3006
3007	Reviser's note.--Amended to conform to the transfer of
3008	sections comprising parts III and VII of chapter 400
3009	to parts I and II of chapter 429 by ss. 2, 3, ch.
3010	2006-197, Laws of Florida.
3011
3012	Section 79.  Subsection (16) of section 400.506, Florida
3013	Statutes, is amended to read:
3014	400.506  Licensure of nurse registries; requirements;
3015	penalties.--
3016	(16)  Each nurse registry shall prepare and maintain a
3017	comprehensive emergency management plan that is consistent with
3018	the criteria in this subsection and with the local special needs
3019	plan. The plan shall be updated annually. The plan shall include
3020	the means by which the nurse registry will continue to provide
3021	the same type and quantity of services to its patients who
3022	evacuate to special needs shelters which were being provided to
3023	those patients prior to evacuation. The plan shall specify how
3024	the nurse registry shall facilitate the provision of continuous
3025	care by persons referred for contract to persons who are
3026	registered pursuant to s. 252.355 during an emergency that
3027	interrupts the provision of care or services in private
3028	residences residencies. Nurse registries may establish links to
3029	local emergency operations centers to determine a mechanism by
3030	which to approach specific areas within a disaster area in order
3031	for a provider to reach its clients. Nurse registries shall
3032	demonstrate a good faith effort to comply with the requirements
3033	of this subsection by documenting attempts of staff to follow
3034	procedures outlined in the nurse registry's comprehensive
3035	emergency management plan which support a finding that the
3036	provision of continuing care has been attempted for patients
3037	identified as needing care by the nurse registry and registered
3038	under s. 252.355 in the event of an emergency under subsection
3039	(1).
3040	(a)  All persons referred for contract who care for persons
3041	registered pursuant to s. 252.355 must include in the patient
3042	record a description of how care will be continued during a
3043	disaster or emergency that interrupts the provision of care in
3044	the patient's home. It shall be the responsibility of the person
3045	referred for contract to ensure that continuous care is
3046	provided.
3047	(b)  Each nurse registry shall maintain a current
3048	prioritized list of patients in private residences who are
3049	registered pursuant to s. 252.355 and are under the care of
3050	persons referred for contract and who need continued services
3051	during an emergency. This list shall indicate, for each patient,
3052	if the client is to be transported to a special needs shelter
3053	and if the patient is receiving skilled nursing services. Nurse
3054	registries shall make this list available to county health
3055	departments and to local emergency management agencies upon
3056	request.
3057	(c)  Each person referred for contract who is caring for a
3058	patient who is registered pursuant to s. 252.355 shall provide a
3059	list of the patient's medication and equipment needs to the
3060	nurse registry. Each person referred for contract shall make
3061	this information available to county health departments and to
3062	local emergency management agencies upon request.
3063	(d)  Each person referred for contract shall not be
3064	required to continue to provide care to patients in emergency
3065	situations that are beyond the person's control and that make it
3066	impossible to provide services, such as when roads are
3067	impassable or when patients do not go to the location specified
3068	in their patient records.
3069	(e)  The comprehensive emergency management plan required
3070	by this subsection is subject to review and approval by the
3071	county health department. During its review, the county health
3072	department shall contact state and local health and medical
3073	stakeholders when necessary. The county health department shall
3074	complete its review to ensure that the plan complies with the
3075	criteria in the Agency for Health Care Administration rules
3076	within 90 days after receipt of the plan and shall either
3077	approve the plan or advise the nurse registry of necessary
3078	revisions. If a nurse registry fails to submit a plan or fails
3079	to submit requested information or revisions to the county
3080	health department within 30 days after written notification from
3081	the county health department, the county health department shall
3082	notify the Agency for Health Care Administration. The agency
3083	shall notify the nurse registry that its failure constitutes a
3084	deficiency, subject to a fine of $5,000 per occurrence. If the
3085	plan is not submitted, information is not provided, or revisions
3086	are not made as requested, the agency may impose the fine.
3087	(f)  The Agency for Health Care Administration shall adopt
3088	rules establishing minimum criteria for the comprehensive
3089	emergency management plan and plan updates required by this
3090	subsection, with the concurrence of the Department of Health and
3091	in consultation with the Department of Community Affairs.
3092
3093	Reviser's note.--Amended to improve clarity and
3094	conform to context.
3095
3096	Section 80.  Paragraph (b) of subsection (2) of section
3097	402.164, Florida Statutes, is amended to read:
3098	402.164  Legislative intent; definitions.--
3099	(2)  As used in ss. 402.164-402.167, the term:
3100	(b)  "Client" means a client of the Agency for Persons with
3101	Disabilities, the Agency for Health Care Administration, the
3102	Department of Children and Family Services, or the Department of
3103	Elderly Affairs, as defined in s. 393.063, s. 394.67, s.
3104	397.311, or s. 400.960, a forensic client or client as defined
3105	in s. 916.106, a child or youth as defined in s. 39.01, a child
3106	as defined in s. 827.01, a family as defined in s. 414.0252, a
3107	participant as defined in s. 429.901 400.551, a resident as
3108	defined in s. 429.02, a Medicaid recipient or recipient as
3109	defined in s. 409.901, a child receiving child care as defined
3110	in s. 402.302, a disabled adult as defined in s. 410.032 or s.
3111	410.603, or a victim as defined in s. 39.01 or s. 415.102 as
3112	each definition applies within its respective chapter.
3113
3114	Reviser's note.--Amended to confirm the substitution
3115	by the editors of a reference to s. 429.901 for a
3116	reference to s. 400.551, which was transferred by s.
3117	4, ch. 2006-197, Laws of Florida.
3118
3119	Section 81.  Paragraphs (a) and (b) of subsection (1) and
3120	paragraph (b) of subsection (3) of section 403.091, Florida
3121	Statutes, are amended to read:
3122	403.091  Inspections.--
3123	(1)(a)  Any duly authorized representative of the
3124	department may at any reasonable time enter and inspect, for the
3125	purpose of ascertaining the state of compliance with the law or
3126	rules and regulations of the department, any property, premises,
3127	or place, except a building which is used exclusively for a
3128	private residence, on or at which:
3129	1.  A hazardous waste generator, transporter, or facility
3130	or other air or water contaminant source;
3131	2.  A discharger, including any nondomestic discharger
3132	which introduces any pollutant into a publicly owned treatment
3133	works;
3134	3.  Any facility, as defined in s. 376.301; or
3135	4.  A resource recovery and management facility
3136
3137	is located or is being constructed or installed or where records
3138	which are required under this chapter, ss. 376.30-376.317
3139	376.30-376.319, or department rule are kept.
3140	(b)  Any duly authorized representative may at reasonable
3141	times have access to and copy any records required under this
3142	chapter or ss. 376.30-376.317 376.30-376.319; inspect any
3143	monitoring equipment or method; sample for any pollutants as
3144	defined in s. 376.301, effluents, or wastes which the owner or
3145	operator of such source may be discharging or which may
3146	otherwise be located on or underlying the owner's or operator's
3147	property; and obtain any other information necessary to
3148	determine compliance with permit conditions or other
3149	requirements of this chapter, ss. 376.30-376.317 376.30-376.319,
3150	or department rules.
3151	(3)
3152	(b)  Upon proper affidavit being made, an inspection
3153	warrant may be issued under the provisions of this chapter or
3154	ss. 376.30-376.317 376.30-376.319:
3155	1.  When it appears that the properties to be inspected may
3156	be connected with or contain evidence of the violation of any of
3157	the provisions of this chapter or ss. 376.30-376.317 376.30-
3158	376.319 or any rule properly promulgated thereunder; or
3159	2.  When the inspection sought is an integral part of a
3160	larger scheme of systematic routine inspections which are
3161	necessary to, and consistent with, the continuing efforts of the
3162	department to ensure compliance with the provisions of this
3163	chapter or ss. 376.30-376.317 376.30-376.319 and any rules
3164	adopted thereunder.
3165
3166	Reviser's note.--Amended to conform to the repeal of
3167	s. 376.319 by s. 18, ch. 99-4, Laws of Florida.
3168
3169	Section 82.  Subsection (1) of section 403.5175, Florida
3170	Statutes, is amended to read:
3171	403.5175  Existing electrical power plant site
3172	certification.--
3173	(1)  An electric utility that owns or operates an existing
3174	electrical power plant as defined in s. 403.503(13) 403.503(12)
3175	may apply for certification of an existing power plant and its
3176	site in order to obtain all agency licenses necessary to ensure
3177	compliance with federal or state environmental laws and
3178	regulation using the centrally coordinated, one-stop licensing
3179	process established by this part. An application for site
3180	certification under this section must be in the form prescribed
3181	by department rule. Applications must be reviewed and processed
3182	using the same procedural steps and notices as for an
3183	application for a new facility, except that a determination of
3184	need by the Public Service Commission is not required.
3185
3186	Reviser's note.--Amended to conform to the
3187	redesignation of s. 403.503(12) as s. 403.503(13) by
3188	s. 20, ch. 2006-230, Laws of Florida.
3189
3190	Section 83.  Paragraph (d) of subsection (2) of section
3191	403.526, Florida Statutes, is amended to read:
3192	403.526  Preliminary statements of issues, reports, and
3193	project analyses; studies.--
3194	(2)
3195	(d)  When an agency whose agency head is a collegial body,
3196	such as a commission, board, or council, is required to submit a
3197	report pursuant to this section and is required by its own
3198	internal procedures to have the report reviewed by its agency
3199	head prior to finalization, the agency may submit to the
3200	department a draft version of the report by the deadline
3201	indicated in paragraph (a), and shall submit a final version of
3202	the report after review by the agency head, and no later than 15
3203	days after the deadline indicated in paragraph (a).
3204
3205	Reviser's note.--Amended to confirm the deletion by
3206	the editors of the word "and" following the word
3207	"head" to improve clarity.
3208
3209	Section 84.  Paragraph (h) of subsection (1) of section
3210	403.5271, Florida Statutes, is amended to read:
3211	403.5271  Alternate corridors.--
3212	(1)  No later than 45 days before the originally scheduled
3213	certification hearing, any party may propose alternate
3214	transmission line corridor routes for consideration under the
3215	provisions of this act.
3216	(h)  When an agency whose agency head is a collegial body,
3217	such as a commission, board, or council, is required to submit a
3218	report pursuant to this section and is required by its own
3219	internal procedures to have the report reviewed by its agency
3220	head prior to finalization, the agency may submit to the
3221	department a draft version of the report by the deadline
3222	indicated in paragraph (f), and shall submit a final version of
3223	the report after review by the agency head and no later than 7
3224	days after the deadline indicated in paragraph (f).
3225
3226	Reviser's note.--Amended to confirm the deletion by
3227	the editors of the word "and" following the word
3228	"head" to improve clarity.
3229
3230	Section 85.  Subsection (2) of section 403.528, Florida
3231	Statutes, is amended to read:
3232	403.528  Alteration of time limits.--
3233	(2)  A comprehensive application encompassing more than one
3234	proposed transmission line may be good cause for alteration
3235	alternation of time limits.
3236
3237	Reviser's note.--Amended to confirm the substitution
3238	by the editors of the word "alteration" for the word
3239	"alternation" to conform to context.
3240
3241	Section 86.  Subsections (2), (3), and (5) of section
3242	403.7043, Florida Statutes, are amended to read:
3243	403.7043  Compost standards and applications.--
3244	(2)  Within 6 months after October 1, 1988, The department
3245	shall initiate rulemaking to establish standards for the
3246	production of compost and shall complete and promulgate those
3247	rules within 12 months after initiating the process of
3248	rulemaking, including rules establishing:
3249	(a)  Requirements necessary to produce hygienically safe
3250	compost products for varying applications.
3251	(b)  A classification scheme for compost based on:  the
3252	types of waste composted, including at least one type containing
3253	only yard trash; the maturity of the compost, including at least
3254	three degrees of decomposition for fresh, semimature, and
3255	mature; and the levels of organic and inorganic constituents in
3256	the compost.  This scheme shall address:
3257	1.  Methods for measurement of the compost maturity.
3258	2.  Particle sizes.
3259	3.  Moisture content.
3260	4.  Average levels of organic and inorganic constituents,
3261	including heavy metals, for such classes of compost as the
3262	department establishes, and the analytical methods to determine
3263	those levels.
3264	(3)  The department's rules Within 6 months after October
3265	1, 1988, the department shall initiate rulemaking to prescribe
3266	the allowable uses and application rates of compost and shall
3267	complete and promulgate those rules within 12 months after
3268	initiating the process of rulemaking, based on the following
3269	criteria:
3270	(a)  The total quantity of organic and inorganic
3271	constituents, including heavy metals, allowed to be applied
3272	through the addition of compost to the soil per acre per year.
3273	(b)  The allowable uses of compost based on maturity and
3274	type of compost.
3275	(5)  The provisions of s. 403.706 shall not prohibit any
3276	county or municipality which had has in place a memorandum of
3277	understanding or other written agreement as of October 1, 1988,
3278	from proceeding with plans to build a compost facility.
3279
3280	Reviser's note.--Subsections (2) and (3), which relate
3281	to initial rulemaking, are amended to delete
3282	provisions that have served their purpose. Subsection
3283	(5) is amended to conform to context.
3284
3285	Section 87.  Subsection (13) of section 403.708, Florida
3286	Statutes, is amended to read:
3287	403.708  Prohibition; penalty.--
3288	(13)  In accordance with the following schedule, No person
3289	who knows or who should know of the nature of the following such
3290	solid waste shall dispose of such solid waste in landfills:
3291	(a)  Lead-acid batteries, after January 1, 1989. Lead-acid
3292	batteries also shall not be disposed of in any waste-to-energy
3293	facility after January 1, 1989. To encourage proper collection
3294	and recycling, all persons who sell lead-acid batteries at
3295	retail shall accept used lead-acid batteries as trade-ins for
3296	new lead-acid batteries.
3297	(b)  Used oil, after October 1, 1988.
3298	(c)  Yard trash, after January 1, 1992, except in unlined
3299	landfills classified by department rule. Yard trash that is
3300	source separated from solid waste may be accepted at a solid
3301	waste disposal area where the area provides and maintains
3302	separate yard trash composting facilities. The department
3303	recognizes that incidental amounts of yard trash may be disposed
3304	of in lined landfills. In any enforcement action taken pursuant
3305	to this paragraph, the department shall consider the difficulty
3306	of removing incidental amounts of yard trash from a mixed solid
3307	waste stream.
3308	(d)  White goods, after January 1, 1990.
3309
3310	Prior to the effective dates specified in paragraphs (a)-(d),
3311	the department shall identify and assist in developing
3312	alternative disposal, processing, or recycling options for the
3313	solid wastes identified in paragraphs (a)-(d).
3314
3315	Reviser's note.--Amended to delete provisions that
3316	have served their purpose.
3317
3318	Section 88.  Paragraph (f) of subsection (3) of section
3319	408.036, Florida Statutes, is amended to read:
3320	408.036  Projects subject to review; exemptions.--
3321	(3)  EXEMPTIONS.--Upon request, the following projects are
3322	subject to exemption from the provisions of subsection (1):
3323	(f)  For the creation of a single nursing home within a
3324	district by combining licensed beds from two or more licensed
3325	nursing homes within such district, regardless of subdistrict
3326	boundaries, if 50 percent of the beds in the created nursing
3327	home are transferred from the only nursing home in a county and
3328	its utilization data demonstrate that it had an occupancy rate
3329	of less than 75 percent for the 12-month period ending 90 days
3330	before the request for the exemption. This paragraph is repealed
3331	upon the expiration of the moratorium established in s.
3332	408.0435(1) 651.1185(1).
3333
3334	Reviser's note.--Amended to conform to the
3335	redesignation of s. 651.1185 as s. 408.0435 by s. 1,
3336	ch. 2006-161, Laws of Florida.
3337
3338	Section 89.  Section 408.802, Florida Statutes, is amended
3339	to read:
3340	408.802  Applicability.--The provisions of this part apply
3341	to the provision of services that require licensure as defined
3342	in this part and to the following entities licensed, registered,
3343	or certified by the agency, as described in chapters 112, 383,
3344	390, 394, 395, 400, 429, 440, 483, and 765:
3345	(1)  Laboratories authorized to perform testing under the
3346	Drug-Free Workplace Act, as provided under ss. 112.0455 and
3347	440.102.
3348	(2)  Birth centers, as provided under chapter 383.
3349	(3)  Abortion clinics, as provided under chapter 390.
3350	(4)  Crisis stabilization units, as provided under parts I
3351	and IV of chapter 394.
3352	(5)  Short-term residential treatment facilities, as
3353	provided under parts I and IV of chapter 394.
3354	(6)  Residential treatment facilities, as provided under
3355	part IV of chapter 394.
3356	(7)  Residential treatment centers for children and
3357	adolescents, as provided under part IV of chapter 394.
3358	(8)  Hospitals, as provided under part I of chapter 395.
3359	(9)  Ambulatory surgical centers, as provided under part I
3360	of chapter 395.
3361	(10)  Mobile surgical facilities, as provided under part I
3362	of chapter 395.
3363	(11)  Private review agents, as provided under part I of
3364	chapter 395.
3365	(12)  Health care risk managers, as provided under part I
3366	of chapter 395.
3367	(13)  Nursing homes, as provided under part II of chapter
3368	400.
3369	(14)  Assisted living facilities, as provided under part I
3370	III of chapter 429 400.
3371	(15)  Home health agencies, as provided under part III IV
3372	of chapter 400.
3373	(16)  Nurse registries, as provided under part III IV of
3374	chapter 400.
3375	(17)  Companion services or homemaker services providers,
3376	as provided under part III IV of chapter 400.
3377	(18)  Adult day care centers, as provided under part III V
3378	of chapter 429 400.
3379	(19)  Hospices, as provided under part IV VI of chapter
3380	400.
3381	(20)  Adult family-care homes, as provided under part II
3382	VII of chapter 429 400.
3383	(21)  Homes for special services, as provided under part V
3384	VIII of chapter 400.
3385	(22)  Transitional living facilities, as provided under
3386	part V VIII of chapter 400.
3387	(23)  Prescribed pediatric extended care centers, as
3388	provided under part VI IX of chapter 400.
3389	(24)  Home medical equipment providers, as provided under
3390	part VII X of chapter 400.
3391	(25)  Intermediate care facilities for persons with
3392	developmental disabilities, as provided under part VIII XI of
3393	chapter 400.
3394	(26)  Health care services pools, as provided under part IX
3395	XII of chapter 400.
3396	(27)  Health care clinics, as provided under part X XIII of
3397	chapter 400.
3398	(28)  Clinical laboratories, as provided under part I of
3399	chapter 483.
3400	(29)  Multiphasic health testing centers, as provided under
3401	part II of chapter 483.
3402	(30)  Organ and tissue procurement agencies, as provided
3403	under chapter 765.
3404
3405	Reviser's note.--Amended to conform to the
3406	redesignation of former parts III, V, and VII of
3407	chapter 400 as parts I, III, and II of chapter 429,
3408	respectively, by ss. 2, 3, 4, ch. 2006-197, Laws of
3409	Florida.
3410
3411	Section 90.  Subsection (3) of section 408.803, Florida
3412	Statutes, is amended to read:
3413	408.803  Definitions.--As used in this part, the term:
3414	(3)  "Authorizing statute" means the statute authorizing
3415	the licensed operation of a provider listed in s. 408.802 and
3416	includes chapters 112, 383, 390, 394, 395, 400, 429, 440, 483,
3417	and 765.
3418
3419	Reviser's note.--Amended to conform to the
3420	redesignation of former parts III, V, and VII of
3421	chapter 400 as chapter 429 by ch. 2006-197, Laws of
3422	Florida.
3423
3424	Section 91.  Paragraph (b) of subsection (7) of section
3425	408.806, Florida Statutes, is amended to read:
3426	408.806  License application process.--
3427	(7)
3428	(b)  An initial inspection is not required for companion
3429	services or homemaker services providers, as provided under part
3430	III IV of chapter 400, or for health care services pools, as
3431	provided under part IX XII of chapter 400.
3432
3433	Reviser's note.--Amended to conform to the
3434	redesignation of parts within chapter 400 necessitated
3435	by the redesignation of former parts III, V, and VIII
3436	as chapter 429 by ch. 2006-197, Laws of Florida.
3437
3438	Section 92.  Subsections (14), (15), (16), (17), (18),
3439	(19), (20), (21), (22), (23), (24), (25), and (26) of section
3440	408.820, Florida Statutes, are amended to read:
3441	408.820  Exemptions.--Except as prescribed in authorizing
3442	statutes, the following exemptions shall apply to specified
3443	requirements of this part:
3444	(14)  Assisted living facilities, as provided under part I
3445	III of chapter 429 400, are exempt from s. 408.810(10).
3446	(15)  Home health agencies, as provided under part III IV
3447	of chapter 400, are exempt from s. 408.810(10).
3448	(16)  Nurse registries, as provided under part III IV of
3449	chapter 400, are exempt from s. 408.810(6) and (10).
3450	(17)  Companion services or homemaker services providers,
3451	as provided under part III IV of chapter 400, are exempt from s.
3452	408.810(6)-(10).
3453	(18)  Adult day care centers, as provided under part III V
3454	of chapter 429 400, are exempt from s. 408.810(10).
3455	(19)  Adult family-care homes, as provided under part II
3456	VII of chapter 429 400, are exempt from s. 408.810(7)-(10).
3457	(20)  Homes for special services, as provided under part V
3458	VIII of chapter 400, are exempt from s. 408.810(7)-(10).
3459	(21)  Transitional living facilities, as provided under
3460	part V VIII of chapter 400, are exempt from s. 408.810(7)-(10).
3461	(22)  Prescribed pediatric extended care centers, as
3462	provided under part VI IX of chapter 400, are exempt from s.
3463	408.810(10).
3464	(23)  Home medical equipment providers, as provided under
3465	part VII X of chapter 400, are exempt from s. 408.810(10).
3466	(24)  Intermediate care facilities for persons with
3467	developmental disabilities, as provided under part VIII XI of
3468	chapter 400, are exempt from s. 408.810(7).
3469	(25)  Health care services pools, as provided under part IX
3470	XII of chapter 400, are exempt from s. 408.810(6)-(10).
3471	(26)  Health care clinics, as provided under part X XIII of
3472	chapter 400, are exempt from ss. 408.809 and 408.810(1), (6),
3473	(7), and (10).
3474
3475	Reviser's note.--Amended to conform to the
3476	redesignation of former parts III, V, and VII of
3477	chapter 400 as parts I, III, and II of chapter 429,
3478	respectively, by ss. 2, 3, 4, ch. 2006-197, Laws of
3479	Florida.
3480
3481	Section 93.  Section 408.832, Florida Statutes, is amended
3482	to read:
3483	408.832  Conflicts.--In case of conflict between the
3484	provisions of part II of chapter 408 and the authorizing
3485	statutes governing the licensure of health care providers by the
3486	Agency for Health Care Administration found in s. 112.0455 and
3487	chapters 383, 390, 394, 395, 400, 429, 440, 483, and 765, the
3488	provisions of part II of chapter 408 shall prevail.
3489
3490	Reviser's note.--Amended to conform to the
3491	redesignation of former parts III, V, and VII of
3492	chapter 400 as chapter 429 pursuant to ch. 2006-197,
3493	Laws of Florida.
3494
3495	Section 94.  Paragraph (a) of subsection (3) of section
3496	409.1685, Florida Statutes, is amended to read:
3497	409.1685  Children in foster care; annual report to
3498	Legislature.--The Department of Children and Family Services
3499	shall submit a written report to the substantive committees of
3500	the Legislature concerning the status of children in foster care
3501	and concerning the judicial review mandated by part X of chapter
3502	39.  This report shall be submitted by March 1 of each year and
3503	shall include the following information for the prior calendar
3504	year:
3505	(3)  The number of termination of parental rights
3506	proceedings instituted during that period which shall include:
3507	(a)  The number of termination of parental rights
3508	proceedings initiated pursuant to former s. 39.703; and
3509
3510	Reviser's note.--Amended to clarify the status of
3511	referenced s. 39.703, which was repealed by s. 35, ch.
3512	2006-86, Laws of Florida.
3513
3514	Section 95.  Paragraph (e) of subsection (4) of section
3515	409.221, Florida Statutes, is amended to read:
3516	409.221  Consumer-directed care program.--
3517	(4)  CONSUMER-DIRECTED CARE.--
3518	(e)  Services.--Consumers shall use the budget allowance
3519	only to pay for home and community-based services that meet the
3520	consumer's long-term care needs and are a cost-efficient use of
3521	funds. Such services may include, but are not limited to, the
3522	following:
3523	1.  Personal care.
3524	2.  Homemaking and chores, including housework, meals,
3525	shopping, and transportation.
3526	3.  Home modifications and assistive devices which may
3527	increase the consumer's independence or make it possible to
3528	avoid institutional placement.
3529	4.  Assistance in taking self-administered medication.
3530	5.  Day care and respite care services, including those
3531	provided by nursing home facilities pursuant to s. 400.141(6) or
3532	by adult day care facilities licensed pursuant to s. 429.907
3533	400.554.
3534	6.  Personal care and support services provided in an
3535	assisted living facility.
3536
3537	Reviser's note.--Amended to conform to the transfer of
3538	s. 400.554 to s. 429.907 by s. 4, ch. 2006-197, Laws
3539	of Florida.
3540
3541	Section 96.  Paragraph (a) of subsection (2) of section
3542	409.908, Florida Statutes, is amended to read:
3543	409.908  Reimbursement of Medicaid providers.--Subject to
3544	specific appropriations, the agency shall reimburse Medicaid
3545	providers, in accordance with state and federal law, according
3546	to methodologies set forth in the rules of the agency and in
3547	policy manuals and handbooks incorporated by reference therein.
3548	These methodologies may include fee schedules, reimbursement
3549	methods based on cost reporting, negotiated fees, competitive
3550	bidding pursuant to s. 287.057, and other mechanisms the agency
3551	considers efficient and effective for purchasing services or
3552	goods on behalf of recipients. If a provider is reimbursed based
3553	on cost reporting and submits a cost report late and that cost
3554	report would have been used to set a lower reimbursement rate
3555	for a rate semester, then the provider's rate for that semester
3556	shall be retroactively calculated using the new cost report, and
3557	full payment at the recalculated rate shall be effected
3558	retroactively. Medicare-granted extensions for filing cost
3559	reports, if applicable, shall also apply to Medicaid cost
3560	reports. Payment for Medicaid compensable services made on
3561	behalf of Medicaid eligible persons is subject to the
3562	availability of moneys and any limitations or directions
3563	provided for in the General Appropriations Act or chapter 216.
3564	Further, nothing in this section shall be construed to prevent
3565	or limit the agency from adjusting fees, reimbursement rates,
3566	lengths of stay, number of visits, or number of services, or
3567	making any other adjustments necessary to comply with the
3568	availability of moneys and any limitations or directions
3569	provided for in the General Appropriations Act, provided the
3570	adjustment is consistent with legislative intent.
3571	(2)(a)1.  Reimbursement to nursing homes licensed under
3572	part II of chapter 400 and state-owned-and-operated intermediate
3573	care facilities for the developmentally disabled licensed under
3574	part VIII XI of chapter 400 must be made prospectively.
3575	2.  Unless otherwise limited or directed in the General
3576	Appropriations Act, reimbursement to hospitals licensed under
3577	part I of chapter 395 for the provision of swing-bed nursing
3578	home services must be made on the basis of the average statewide
3579	nursing home payment, and reimbursement to a hospital licensed
3580	under part I of chapter 395 for the provision of skilled nursing
3581	services must be made on the basis of the average nursing home
3582	payment for those services in the county in which the hospital
3583	is located. When a hospital is located in a county that does not
3584	have any community nursing homes, reimbursement shall be
3585	determined by averaging the nursing home payments in counties
3586	that surround the county in which the hospital is located.
3587	Reimbursement to hospitals, including Medicaid payment of
3588	Medicare copayments, for skilled nursing services shall be
3589	limited to 30 days, unless a prior authorization has been
3590	obtained from the agency. Medicaid reimbursement may be extended
3591	by the agency beyond 30 days, and approval must be based upon
3592	verification by the patient's physician that the patient
3593	requires short-term rehabilitative and recuperative services
3594	only, in which case an extension of no more than 15 days may be
3595	approved. Reimbursement to a hospital licensed under part I of
3596	chapter 395 for the temporary provision of skilled nursing
3597	services to nursing home residents who have been displaced as
3598	the result of a natural disaster or other emergency may not
3599	exceed the average county nursing home payment for those
3600	services in the county in which the hospital is located and is
3601	limited to the period of time which the agency considers
3602	necessary for continued placement of the nursing home residents
3603	in the hospital.
3604
3605	Reviser's note.--Amended to conform to the transfer of
3606	sections comprising parts III, V, and VII of chapter
3607	400 to chapter 429 by ss. 2, 3, and 4, ch. 2006-197,
3608	Laws of Florida.
3609
3610	Section 97.  Paragraph (b) of subsection (4) of section
3611	409.912, Florida Statutes, is amended to read:
3612	409.912  Cost-effective purchasing of health care.--The
3613	agency shall purchase goods and services for Medicaid recipients
3614	in the most cost-effective manner consistent with the delivery
3615	of quality medical care. To ensure that medical services are
3616	effectively utilized, the agency may, in any case, require a
3617	confirmation or second physician's opinion of the correct
3618	diagnosis for purposes of authorizing future services under the
3619	Medicaid program. This section does not restrict access to
3620	emergency services or poststabilization care services as defined
3621	in 42 C.F.R. part 438.114. Such confirmation or second opinion
3622	shall be rendered in a manner approved by the agency. The agency
3623	shall maximize the use of prepaid per capita and prepaid
3624	aggregate fixed-sum basis services when appropriate and other
3625	alternative service delivery and reimbursement methodologies,
3626	including competitive bidding pursuant to s. 287.057, designed
3627	to facilitate the cost-effective purchase of a case-managed
3628	continuum of care. The agency shall also require providers to
3629	minimize the exposure of recipients to the need for acute
3630	inpatient, custodial, and other institutional care and the
3631	inappropriate or unnecessary use of high-cost services. The
3632	agency shall contract with a vendor to monitor and evaluate the
3633	clinical practice patterns of providers in order to identify
3634	trends that are outside the normal practice patterns of a
3635	provider's professional peers or the national guidelines of a
3636	provider's professional association. The vendor must be able to
3637	provide information and counseling to a provider whose practice
3638	patterns are outside the norms, in consultation with the agency,
3639	to improve patient care and reduce inappropriate utilization.
3640	The agency may mandate prior authorization, drug therapy
3641	management, or disease management participation for certain
3642	populations of Medicaid beneficiaries, certain drug classes, or
3643	particular drugs to prevent fraud, abuse, overuse, and possible
3644	dangerous drug interactions. The Pharmaceutical and Therapeutics
3645	Committee shall make recommendations to the agency on drugs for
3646	which prior authorization is required. The agency shall inform
3647	the Pharmaceutical and Therapeutics Committee of its decisions
3648	regarding drugs subject to prior authorization. The agency is
3649	authorized to limit the entities it contracts with or enrolls as
3650	Medicaid providers by developing a provider network through
3651	provider credentialing. The agency may competitively bid single-
3652	source-provider contracts if procurement of goods or services
3653	results in demonstrated cost savings to the state without
3654	limiting access to care. The agency may limit its network based
3655	on the assessment of beneficiary access to care, provider
3656	availability, provider quality standards, time and distance
3657	standards for access to care, the cultural competence of the
3658	provider network, demographic characteristics of Medicaid
3659	beneficiaries, practice and provider-to-beneficiary standards,
3660	appointment wait times, beneficiary use of services, provider
3661	turnover, provider profiling, provider licensure history,
3662	previous program integrity investigations and findings, peer
3663	review, provider Medicaid policy and billing compliance records,
3664	clinical and medical record audits, and other factors. Providers
3665	shall not be entitled to enrollment in the Medicaid provider
3666	network. The agency shall determine instances in which allowing
3667	Medicaid beneficiaries to purchase durable medical equipment and
3668	other goods is less expensive to the Medicaid program than long-
3669	term rental of the equipment or goods. The agency may establish
3670	rules to facilitate purchases in lieu of long-term rentals in
3671	order to protect against fraud and abuse in the Medicaid program
3672	as defined in s. 409.913. The agency may seek federal waivers
3673	necessary to administer these policies.
3674	(4)  The agency may contract with:
3675	(b)  An entity that is providing comprehensive behavioral
3676	health care services to certain Medicaid recipients through a
3677	capitated, prepaid arrangement pursuant to the federal waiver
3678	provided for by s. 409.905(5). Such an entity must be licensed
3679	under chapter 624, chapter 636, or chapter 641 and must possess
3680	the clinical systems and operational competence to manage risk
3681	and provide comprehensive behavioral health care to Medicaid
3682	recipients. As used in this paragraph, the term "comprehensive
3683	behavioral health care services" means covered mental health and
3684	substance abuse treatment services that are available to
3685	Medicaid recipients. The secretary of the Department of Children
3686	and Family Services shall approve provisions of procurements
3687	related to children in the department's care or custody prior to
3688	enrolling such children in a prepaid behavioral health plan. Any
3689	contract awarded under this paragraph must be competitively
3690	procured. In developing the behavioral health care prepaid plan
3691	procurement document, the agency shall ensure that the
3692	procurement document requires the contractor to develop and
3693	implement a plan to ensure compliance with s. 394.4574 related
3694	to services provided to residents of licensed assisted living
3695	facilities that hold a limited mental health license. Except as
3696	provided in subparagraph 8., and except in counties where the
3697	Medicaid managed care pilot program is authorized pursuant to s.
3698	409.91211, the agency shall seek federal approval to contract
3699	with a single entity meeting these requirements to provide
3700	comprehensive behavioral health care services to all Medicaid
3701	recipients not enrolled in a Medicaid managed care plan
3702	authorized under s. 409.91211 or a Medicaid health maintenance
3703	organization in an AHCA area. In an AHCA area where the Medicaid
3704	managed care pilot program is authorized pursuant to s.
3705	409.91211 in one or more counties, the agency may procure a
3706	contract with a single entity to serve the remaining counties as
3707	an AHCA area or the remaining counties may be included with an
3708	adjacent AHCA area and shall be subject to this paragraph. Each
3709	entity must offer sufficient choice of providers in its network
3710	to ensure recipient access to care and the opportunity to select
3711	a provider with whom they are satisfied. The network shall
3712	include all public mental health hospitals. To ensure unimpaired
3713	access to behavioral health care services by Medicaid
3714	recipients, all contracts issued pursuant to this paragraph
3715	shall require 80 percent of the capitation paid to the managed
3716	care plan, including health maintenance organizations, to be
3717	expended for the provision of behavioral health care services.
3718	In the event the managed care plan expends less than 80 percent
3719	of the capitation paid pursuant to this paragraph for the
3720	provision of behavioral health care services, the difference
3721	shall be returned to the agency. The agency shall provide the
3722	managed care plan with a certification letter indicating the
3723	amount of capitation paid during each calendar year for the
3724	provision of behavioral health care services pursuant to this
3725	section. The agency may reimburse for substance abuse treatment
3726	services on a fee-for-service basis until the agency finds that
3727	adequate funds are available for capitated, prepaid
3728	arrangements.
3729	1.  By January 1, 2001, the agency shall modify the
3730	contracts with the entities providing comprehensive inpatient
3731	and outpatient mental health care services to Medicaid
3732	recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
3733	Counties, to include substance abuse treatment services.
3734	2.  By July 1, 2003, the agency and the Department of
3735	Children and Family Services shall execute a written agreement
3736	that requires collaboration and joint development of all policy,
3737	budgets, procurement documents, contracts, and monitoring plans
3738	that have an impact on the state and Medicaid community mental
3739	health and targeted case management programs.
3740	3.  Except as provided in subparagraph 8., by July 1, 2006,
3741	the agency and the Department of Children and Family Services
3742	shall contract with managed care entities in each AHCA area
3743	except area 6 or arrange to provide comprehensive inpatient and
3744	outpatient mental health and substance abuse services through
3745	capitated prepaid arrangements to all Medicaid recipients who
3746	are eligible to participate in such plans under federal law and
3747	regulation. In AHCA areas where eligible individuals number less
3748	than 150,000, the agency shall contract with a single managed
3749	care plan to provide comprehensive behavioral health services to
3750	all recipients who are not enrolled in a Medicaid health
3751	maintenance organization or a Medicaid capitated managed care
3752	plan authorized under s. 409.91211. The agency may contract with
3753	more than one comprehensive behavioral health provider to
3754	provide care to recipients who are not enrolled in a Medicaid
3755	capitated managed care plan authorized under s. 409.91211 or a
3756	Medicaid health maintenance organization in AHCA areas where the
3757	eligible population exceeds 150,000. In an AHCA area where the
3758	Medicaid managed care pilot program is authorized pursuant to s.
3759	409.91211 in one or more counties, the agency may procure a
3760	contract with a single entity to serve the remaining counties as
3761	an AHCA area or the remaining counties may be included with an
3762	adjacent AHCA area and shall be subject to this paragraph.
3763	Contracts for comprehensive behavioral health providers awarded
3764	pursuant to this section shall be competitively procured. Both
3765	for-profit and not-for-profit corporations shall be eligible to
3766	compete. Managed care plans contracting with the agency under
3767	subsection (3) shall provide and receive payment for the same
3768	comprehensive behavioral health benefits as provided in AHCA
3769	rules, including handbooks incorporated by reference. In AHCA
3770	area 11, the agency shall contract with at least two
3771	comprehensive behavioral health care providers to provide
3772	behavioral health care to recipients in that area who are
3773	enrolled in, or assigned to, the MediPass program. One of the
3774	behavioral health care contracts shall be with the existing
3775	provider service network pilot project, as described in
3776	paragraph (d), for the purpose of demonstrating the cost-
3777	effectiveness of the provision of quality mental health services
3778	through a public hospital-operated managed care model. Payment
3779	shall be at an agreed-upon capitated rate to ensure cost
3780	savings. Of the recipients in area 11 who are assigned to
3781	MediPass under the provisions of s. 409.9122(2)(k), a minimum of
3782	50,000 of those MediPass-enrolled recipients shall be assigned
3783	to the existing provider service network in area 11 for their
3784	behavioral care.
3785	4.  By October 1, 2003, the agency and the department shall
3786	submit a plan to the Governor, the President of the Senate, and
3787	the Speaker of the House of Representatives which provides for
3788	the full implementation of capitated prepaid behavioral health
3789	care in all areas of the state.
3790	a.  Implementation shall begin in 2003 in those AHCA areas
3791	of the state where the agency is able to establish sufficient
3792	capitation rates.
3793	b.  If the agency determines that the proposed capitation
3794	rate in any area is insufficient to provide appropriate
3795	services, the agency may adjust the capitation rate to ensure
3796	that care will be available. The agency and the department may
3797	use existing general revenue to address any additional required
3798	match but may not over-obligate existing funds on an annualized
3799	basis.
3800	c.  Subject to any limitations provided for in the General
3801	Appropriations Act, the agency, in compliance with appropriate
3802	federal authorization, shall develop policies and procedures
3803	that allow for certification of local and state funds.
3804	5.  Children residing in a statewide inpatient psychiatric
3805	program, or in a Department of Juvenile Justice or a Department
3806	of Children and Family Services residential program approved as
3807	a Medicaid behavioral health overlay services provider shall not
3808	be included in a behavioral health care prepaid health plan or
3809	any other Medicaid managed care plan pursuant to this paragraph.
3810	6.  In converting to a prepaid system of delivery, the
3811	agency shall in its procurement document require an entity
3812	providing only comprehensive behavioral health care services to
3813	prevent the displacement of indigent care patients by enrollees
3814	in the Medicaid prepaid health plan providing behavioral health
3815	care services from facilities receiving state funding to provide
3816	indigent behavioral health care, to facilities licensed under
3817	chapter 395 which do not receive state funding for indigent
3818	behavioral health care, or reimburse the unsubsidized facility
3819	for the cost of behavioral health care provided to the displaced
3820	indigent care patient.
3821	7.  Traditional community mental health providers under
3822	contract with the Department of Children and Family Services
3823	pursuant to part IV of chapter 394, child welfare providers
3824	under contract with the Department of Children and Family
3825	Services in areas 1 and 6, and inpatient mental health providers
3826	licensed pursuant to chapter 395 must be offered an opportunity
3827	to accept or decline a contract to participate in any provider
3828	network for prepaid behavioral health services.
3829	8.  For fiscal year 2004-2005, all Medicaid eligible
3830	children, except children in areas 1 and 6, whose cases are open
3831	for child welfare services in the HomeSafeNet system, shall be
3832	enrolled in MediPass or in Medicaid fee-for-service and all
3833	their behavioral health care services including inpatient,
3834	outpatient psychiatric, community mental health, and case
3835	management shall be reimbursed on a fee-for-service basis.
3836	Beginning July 1, 2005, such children, who are open for child
3837	welfare services in the HomeSafeNet system, shall receive their
3838	behavioral health care services through a specialty prepaid plan
3839	operated by community-based lead agencies either through a
3840	single agency or formal agreements among several agencies. The
3841	specialty prepaid plan must result in savings to the state
3842	comparable to savings achieved in other Medicaid managed care
3843	and prepaid programs. Such plan must provide mechanisms to
3844	maximize state and local revenues. The specialty prepaid plan
3845	shall be developed by the agency and the Department of Children
3846	and Family Services. The agency is authorized to seek any
3847	federal waivers to implement this initiative.
3848
3849	Reviser's note.--Amended to confirm the insertion by
3850	the editors of the word "to" following the word
3851	"pursuant" to improve clarity.
3852
3853	Section 98.  Paragraph (e) of subsection (4) of section
3854	409.91211, Florida Statutes, is amended to read:
3855	409.91211  Medicaid managed care pilot program.--
3856	(4)
3857	(e)  After a recipient has made a selection or has been
3858	enrolled in a capitated managed care network, the recipient
3859	shall have 90 days in which to voluntarily disenroll and select
3860	another capitated managed care network. After 90 days, no
3861	further changes may be made except for cause. Cause shall
3862	include, but not be limited to, poor quality of care, lack of
3863	access to necessary specialty services, an unreasonable delay or
3864	denial of service, inordinate or inappropriate changes of
3865	primary care providers, service access impairments due to
3866	significant changes in the geographic location of services, or
3867	fraudulent enrollment. The agency may require a recipient to use
3868	the capitated managed care network's grievance process as
3869	specified in paragraph (3)(q) (3)(g) prior to the agency's
3870	determination of cause, except in cases in which immediate risk
3871	of permanent damage to the recipient's health is alleged. The
3872	grievance process, when used, must be completed in time to
3873	permit the recipient to disenroll no later than the first day of
3874	the second month after the month the disenrollment request was
3875	made. If the capitated managed care network, as a result of the
3876	grievance process, approves an enrollee's request to disenroll,
3877	the agency is not required to make a determination in the case.
3878	The agency must make a determination and take final action on a
3879	recipient's request so that disenrollment occurs no later than
3880	the first day of the second month after the month the request
3881	was made. If the agency fails to act within the specified
3882	timeframe, the recipient's request to disenroll is deemed to be
3883	approved as of the date agency action was required. Recipients
3884	who disagree with the agency's finding that cause does not exist
3885	for disenrollment shall be advised of their right to pursue a
3886	Medicaid fair hearing to dispute the agency's finding.
3887
3888	Reviser's note.--Amended to substitute a reference to
3889	paragraph (3)(q), relating to grievance procedures,
3890	for a reference to paragraph (3)(g), relating to a
3891	process for validating the growth of per-member costs.
3892
3893	Section 99.  Paragraph (d) of subsection (1) of section
3894	419.001, Florida Statutes, is amended to read:
3895	419.001  Site selection of community residential homes.--
3896	(1)  For the purposes of this section, the following
3897	definitions shall apply:
3898	(d)  "Resident" means any of the following: a frail elder
3899	as defined in s. 429.65 400.618; a physically disabled or
3900	handicapped person as defined in s. 760.22(7)(a); a
3901	developmentally disabled person as defined in s. 393.063; a
3902	nondangerous mentally ill person as defined in s. 394.455(18);
3903	or a child who is found to be dependent or a child in need of
3904	services as defined in s. 39.01(14), s. 984.03(9) or (12), or s.
3905	985.03.
3906
3907	Reviser's note.--Amended to conform to the
3908	redesignation of s. 400.618 as s. 429.65 by s. 3, ch.
3909	2006-197, Laws of Florida.
3910
3911	Section 100.  Section 421.49, Florida Statutes, is amended
3912	to read:
3913	421.49  Area of operation of housing authorities for
3914	defense housing.--In the development or the administration of
3915	projects, under ss. 421.46-421.48 421.37-421.48, to assure the
3916	availability of safe and sanitary dwellings for persons engaged
3917	in national defense activities or in otherwise carrying out the
3918	purposes of such law, or in the administration of such projects
3919	in accordance with the provisions of the housing authorities
3920	law, a housing authority of a city may exercise its powers
3921	within the territorial boundaries of said city and an area
3922	within 10 miles from said boundaries, excluding the area within
3923	the territorial boundaries of any other city which has
3924	heretofore established a housing authority.
3925
3926	Reviser's note.--Amended to conform to the repeal of
3927	ss. 421.37-421.45 by s. 60, ch. 2001-62, Laws of
3928	Florida.
3929
3930	Section 101.  Paragraph (b) of subsection (3) of section
3931	429.07, Florida Statutes, is amended to read:
3932	429.07  License required; fee, display.--
3933	(3)  Any license granted by the agency must state the
3934	maximum resident capacity of the facility, the type of care for
3935	which the license is granted, the date the license is issued,
3936	the expiration date of the license, and any other information
3937	deemed necessary by the agency. Licenses shall be issued for one
3938	or more of the following categories of care: standard, extended
3939	congregate care, limited nursing services, or limited mental
3940	health.
3941	(b)  An extended congregate care license shall be issued to
3942	facilities providing, directly or through contract, services
3943	beyond those authorized in paragraph (a), including acts
3944	performed pursuant to part I of chapter 464 by persons licensed
3945	thereunder, and supportive services defined by rule to persons
3946	who otherwise would be disqualified from continued residence in
3947	a facility licensed under this part.
3948	1.  In order for extended congregate care services to be
3949	provided in a facility licensed under this part, the agency must
3950	first determine that all requirements established in law and
3951	rule are met and must specifically designate, on the facility's
3952	license, that such services may be provided and whether the
3953	designation applies to all or part of a facility.  Such
3954	designation may be made at the time of initial licensure or
3955	relicensure, or upon request in writing by a licensee under this
3956	part. Notification of approval or denial of such request shall
3957	be made within 90 days after receipt of such request and all
3958	necessary documentation. Existing facilities qualifying to
3959	provide extended congregate care services must have maintained a
3960	standard license and may not have been subject to administrative
3961	sanctions during the previous 2 years, or since initial
3962	licensure if the facility has been licensed for less than 2
3963	years, for any of the following reasons:
3964	a.  A class I or class II violation;
3965	b.  Three or more repeat or recurring class III violations
3966	of identical or similar resident care standards as specified in
3967	rule from which a pattern of noncompliance is found by the
3968	agency;
3969	c.  Three or more class III violations that were not
3970	corrected in accordance with the corrective action plan approved
3971	by the agency;
3972	d.  Violation of resident care standards resulting in a
3973	requirement to employ the services of a consultant pharmacist or
3974	consultant dietitian;
3975	e.  Denial, suspension, or revocation of a license for
3976	another facility under this part in which the applicant for an
3977	extended congregate care license has at least 25 percent
3978	ownership interest; or
3979	f.  Imposition of a moratorium on admissions or initiation
3980	of injunctive proceedings.
3981	2.  Facilities that are licensed to provide extended
3982	congregate care services shall maintain a written progress
3983	report on each person who receives such services, which report
3984	describes the type, amount, duration, scope, and outcome of
3985	services that are rendered and the general status of the
3986	resident's health.  A registered nurse, or appropriate designee,
3987	representing the agency shall visit such facilities at least
3988	quarterly to monitor residents who are receiving extended
3989	congregate care services and to determine if the facility is in
3990	compliance with this part and with rules that relate to extended
3991	congregate care. One of these visits may be in conjunction with
3992	the regular survey.  The monitoring visits may be provided
3993	through contractual arrangements with appropriate community
3994	agencies.  A registered nurse shall serve as part of the team
3995	that inspects such facility. The agency may waive one of the
3996	required yearly monitoring visits for a facility that has been
3997	licensed for at least 24 months to provide extended congregate
3998	care services, if, during the inspection, the registered nurse
3999	determines that extended congregate care services are being
4000	provided appropriately, and if the facility has no class I or
4001	class II violations and no uncorrected class III violations.
4002	Before such decision is made, the agency shall consult with the
4003	long-term care ombudsman council for the area in which the
4004	facility is located to determine if any complaints have been
4005	made and substantiated about the quality of services or care.
4006	The agency may not waive one of the required yearly monitoring
4007	visits if complaints have been made and substantiated.
4008	3.  Facilities that are licensed to provide extended
4009	congregate care services shall:
4010	a.  Demonstrate the capability to meet unanticipated
4011	resident service needs.
4012	b.  Offer a physical environment that promotes a homelike
4013	setting, provides for resident privacy, promotes resident
4014	independence, and allows sufficient congregate space as defined
4015	by rule.
4016	c.  Have sufficient staff available, taking into account
4017	the physical plant and firesafety features of the building, to
4018	assist with the evacuation of residents in an emergency, as
4019	necessary.
4020	d.  Adopt and follow policies and procedures that maximize
4021	resident independence, dignity, choice, and decisionmaking to
4022	permit residents to age in place to the extent possible, so that
4023	moves due to changes in functional status are minimized or
4024	avoided.
4025	e.  Allow residents or, if applicable, a resident's
4026	representative, designee, surrogate, guardian, or attorney in
4027	fact to make a variety of personal choices, participate in
4028	developing service plans, and share responsibility in
4029	decisionmaking.
4030	f.  Implement the concept of managed risk.
4031	g.  Provide, either directly or through contract, the
4032	services of a person licensed pursuant to part I of chapter 464.
4033	h.  In addition to the training mandated in s. 429.52,
4034	provide specialized training as defined by rule for facility
4035	staff.
4036	4.  Facilities licensed to provide extended congregate care
4037	services are exempt from the criteria for continued residency as
4038	set forth in rules adopted under s. 429.41.  Facilities so
4039	licensed shall adopt their own requirements within guidelines
4040	for continued residency set forth by the department in rule.
4041	However, such facilities may not serve residents who require 24-
4042	hour nursing supervision. Facilities licensed to provide
4043	extended congregate care services shall provide each resident
4044	with a written copy of facility policies governing admission and
4045	retention.
4046	5.  The primary purpose of extended congregate care
4047	services is to allow residents, as they become more impaired,
4048	the option of remaining in a familiar setting from which they
4049	would otherwise be disqualified for continued residency.  A
4050	facility licensed to provide extended congregate care services
4051	may also admit an individual who exceeds the admission criteria
4052	for a facility with a standard license, if the individual is
4053	determined appropriate for admission to the extended congregate
4054	care facility.
4055	6.  Before admission of an individual to a facility
4056	licensed to provide extended congregate care services, the
4057	individual must undergo a medical examination as provided in s.
4058	429.26(4) 400.26(4) and the facility must develop a preliminary
4059	service plan for the individual.
4060	7.  When a facility can no longer provide or arrange for
4061	services in accordance with the resident's service plan and
4062	needs and the facility's policy, the facility shall make
4063	arrangements for relocating the person in accordance with s.
4064	429.28(1)(k).
4065	8.  Failure to provide extended congregate care services
4066	may result in denial of extended congregate care license
4067	renewal.
4068	9.  No later than January 1 of each year, the department,
4069	in consultation with the agency, shall prepare and submit to the
4070	Governor, the President of the Senate, the Speaker of the House
4071	of Representatives, and the chairs of appropriate legislative
4072	committees, a report on the status of, and recommendations
4073	related to, extended congregate care services. The status report
4074	must include, but need not be limited to, the following
4075	information:
4076	a.  A description of the facilities licensed to provide
4077	such services, including total number of beds licensed under
4078	this part.
4079	b.  The number and characteristics of residents receiving
4080	such services.
4081	c.  The types of services rendered that could not be
4082	provided through a standard license.
4083	d.  An analysis of deficiencies cited during licensure
4084	inspections.
4085	e.  The number of residents who required extended
4086	congregate care services at admission and the source of
4087	admission.
4088	f.  Recommendations for statutory or regulatory changes.
4089	g.  The availability of extended congregate care to state
4090	clients residing in facilities licensed under this part and in
4091	need of additional services, and recommendations for
4092	appropriations to subsidize extended congregate care services
4093	for such persons.
4094	h.  Such other information as the department considers
4095	appropriate.
4096
4097	Reviser's note.--Amended to confirm the substitution
4098	by the editors of a reference to s. 429.26(4) for a
4099	reference to s. 400.26(4) to correct an apparent
4100	error. Section 400.26 was repealed in 1970; s.
4101	429.26(4) relates to medical examinations.
4102
4103	Section 102.  Subsection (2) of section 429.35, Florida
4104	Statutes, is amended to read:
4105	429.35  Maintenance of records; reports.--
4106	(2)  Within 60 days after the date of the biennial
4107	inspection visit or within 30 days after the date of any interim
4108	visit, the agency shall forward the results of the inspection to
4109	the local ombudsman council in whose planning and service area,
4110	as defined in part II of chapter 400, the facility is located;
4111	to at least one public library or, in the absence of a public
4112	library, the county seat in the county in which the inspected
4113	assisted living facility is located; and, when appropriate, to
4114	the district Adult Services and Mental Health Program Offices.
4115
4116	Reviser's note.--Amended to confirm the insertion by
4117	the editors of the words "of chapter 400" following
4118	the cite to "part II" to improve clarity; planning and
4119	service areas are defined in s. 400.021(15) within
4120	part II of chapter 400.
4121
4122	Section 103.  Subsection (1) of section 429.69, Florida
4123	Statutes, is amended to read:
4124	429.69  Denial, revocation, or suspension of a
4125	license.--The agency may deny, suspend, or revoke a license for
4126	any of the following reasons:
4127	(1)  Failure of any of the persons required to undergo
4128	background screening under s. 429.67 400.619 to meet the level 1
4129	screening standards of s. 435.03, unless an exemption from
4130	disqualification has been provided by the agency.
4131
4132	Reviser's note.--Amended to confirm the substitution
4133	by the editors of a reference to s. 429.67 for a
4134	reference to s. 400.619 to conform to the transfer of
4135	s. 400.619 to s. 429.67 by s. 3, ch. 2006-197, Laws of
4136	Florida.
4137
4138	Section 104.  Paragraph (h) of subsection (1) of section
4139	429.73, Florida Statutes, is amended to read:
4140	429.73  Rules and standards relating to adult family-care
4141	homes.--
4142	(1)  The department, in consultation with the Department of
4143	Health, the Department of Children and Family Services, and the
4144	agency shall, by rule, establish minimum standards to ensure the
4145	health, safety, and well-being of each resident in the adult
4146	family-care home. The rules must address:
4147	(h)  Procedures to protect the residents' rights as
4148	provided in s. 429.85 400.628.
4149
4150	Reviser's note.--Amended to confirm the substitution
4151	by the editors of a reference to s. 429.85 for a
4152	reference to s. 400.628 to conform to the transfer of
4153	s. 400.628 to s. 429.85 by s. 3, ch. 2006-197, Laws of
4154	Florida.
4155
4156	Section 105.  Section 429.903, Florida Statutes, is amended
4157	to read:
4158	429.903  Applicability.--Any facility that comes within the
4159	definition of an adult day care center which is not exempt under
4160	s. 429.905 400.553 must be licensed by the agency as an adult
4161	day care center.
4162
4163	Reviser's note.--Amended to confirm the substitution
4164	by the editors of a reference to s. 429.905 for a
4165	reference to s. 400.553 to conform to the transfer of
4166	s. 400.553 to s. 429.905 by s. 4, ch. 2006-197, Laws
4167	of Florida.
4168
4169	Section 106.  Subsection (1) and paragraph (d) of
4170	subsection (2) of section 429.909, Florida Statutes, are amended
4171	to read:
4172	429.909  Application for license.--
4173	(1)  An application for a license to operate an adult day
4174	care center must be made to the agency on forms furnished by the
4175	agency and must be accompanied by the appropriate license fee
4176	unless the applicant is exempt from payment of the fee as
4177	provided in s. 429.907(4) 400.554(4).
4178	(2)  The applicant for licensure must furnish:
4179	(d)  Proof of compliance with level 2 background screening
4180	as required under s. 429.919 400.5572.
4181
4182	Reviser's note.--Subsection (1) is amended to confirm
4183	the substitution by the editors of a reference to s.
4184	429.907(4) for a reference to s. 400.554(4) to conform
4185	to the transfer of s. 400.554 to s. 429.907 by s. 4,
4186	ch. 2006-197, Laws of Florida. Paragraph (2)(d) is
4187	amended to confirm the substitution by the editors of
4188	a reference to s. 429.919 for a reference to s.
4189	400.5572 to conform to the transfer of s. 400.5572 to
4190	s. 429.919 by s. 4, ch. 2006-197.
4191
4192	Section 107.  Subsection (1) of section 429.915, Florida
4193	Statutes, is amended to read:
4194	429.915  Expiration of license; renewal; conditional
4195	license or permit.--
4196	(1)  A license issued for the operation of an adult day
4197	care center, unless sooner suspended or revoked, expires 2 years
4198	after the date of issuance. The agency shall notify a licensee
4199	at least 120 days before the expiration date that license
4200	renewal is required to continue operation. The notification must
4201	be provided electronically or by mail delivery. At least 90 days
4202	prior to the expiration date, an application for renewal must be
4203	submitted to the agency. A license shall be renewed, upon the
4204	filing of an application on forms furnished by the agency, if
4205	the applicant has first met the requirements of this part and of
4206	the rules adopted under this part. The applicant must file with
4207	the application satisfactory proof of financial ability to
4208	operate the center in accordance with the requirements of this
4209	part and in accordance with the needs of the participants to be
4210	served and an affidavit of compliance with the background
4211	screening requirements of s. 429.919 400.5572.
4212
4213	Reviser's note.--Amended to confirm the substitution
4214	by the editors of a reference to s. 429.919 for a
4215	reference to s. 400.5572 to conform to the transfer of
4216	s. 400.5572 to s. 429.919 by s. 4, ch. 2006-197, Laws
4217	of Florida.
4218
4219	Section 108.  Paragraph (c) of subsection (2) of section
4220	429.919, Florida Statutes, is amended to read:
4221	429.919  Background screening.--
4222	(2)  The owner or administrator of an adult day care center
4223	must conduct level 1 background screening as set forth in
4224	chapter 435 on all employees hired on or after October 1, 1998,
4225	who provide basic services or supportive and optional services
4226	to the participants. Such persons satisfy this requirement if:
4227	(c)  The person required to be screened is employed by a
4228	corporation or business entity or related corporation or
4229	business entity that owns, operates, or manages more than one
4230	facility or agency licensed under chapter 400 or this chapter
4231	this chapter or chapter 429, and for whom a level 1 screening
4232	was conducted by the corporation or business entity as a
4233	condition of initial or continued employment.
4234
4235	Reviser's note.--Amended to confirm the substitution
4236	by the editors of the words "chapter 400 or this
4237	chapter" for a reference to "this chapter or chapter
4238	429" to conform to the transfer of some material in
4239	chapter 400 to chapter 429 by ch. 2006-197, Laws of
4240	Florida, and to correct an apparent error.
4241
4242	Section 109.  Paragraph (ff) of subsection (2) of section
4243	435.03, Florida Statutes, is amended to read:
4244	435.03  Level 1 screening standards.--
4245	(2)  Any person for whom employment screening is required
4246	by statute must not have been found guilty of, regardless of
4247	adjudication, or entered a plea of nolo contendere or guilty to,
4248	any offense prohibited under any of the following provisions of
4249	the Florida Statutes or under any similar statute of another
4250	jurisdiction:
4251	(ff)  Section 916.1075 916.0175, relating to sexual
4252	misconduct with certain forensic clients and reporting of such
4253	sexual misconduct.
4254
4255	Reviser's note.--Amended to correct an apparent error
4256	and facilitate correct interpretation. The cited
4257	section does not exist; s. 916.1075 relates to
4258	prohibition of sexual misconduct with forensic
4259	clients.
4260
4261	Section 110.  Paragraph (pp) of subsection (2) of section
4262	435.04, Florida Statutes, is amended to read:
4263	435.04  Level 2 screening standards.--
4264	(2)  The security background investigations under this
4265	section must ensure that no persons subject to the provisions of
4266	this section have been found guilty of, regardless of
4267	adjudication, or entered a plea of nolo contendere or guilty to,
4268	any offense prohibited under any of the following provisions of
4269	the Florida Statutes or under any similar statute of another
4270	jurisdiction:
4271	(pp)  Section 916.1075 916.0175, relating to sexual
4272	misconduct with certain forensic clients and reporting of such
4273	sexual misconduct.
4274
4275	Reviser's note.--Amended to correct an apparent error
4276	and facilitate correct interpretation. The cited
4277	section does not exist; s. 916.1075 relates to
4278	prohibition of sexual misconduct with forensic
4279	clients.
4280
4281	Section 111.  Paragraph (t) of subsection (1) and
4282	subsection (4) of section 456.072, Florida Statutes, are amended
4283	to read:
4284	456.072  Grounds for discipline; penalties; enforcement.--
4285	(1)  The following acts shall constitute grounds for which
4286	the disciplinary actions specified in subsection (2) may be
4287	taken:
4288	(t)  Failing to identify through written notice, which may
4289	include the wearing of a name tag, or orally to a patient the
4290	type of license under which the practitioner is practicing. Any
4291	advertisement for health care services naming the practitioner
4292	must identify the type of license the practitioner holds. This
4293	paragraph does not apply to a practitioner while the
4294	practitioner is providing services in a facility licensed under
4295	chapter 394, chapter 395, or chapter 400, or chapter 429. Each
4296	board, or the department where there is no board, is authorized
4297	by rule to determine how its practitioners may comply with this
4298	disclosure requirement.
4299	(4)  In addition to any other discipline imposed through
4300	final order, or citation, entered on or after July 1, 2001,
4301	under this section or discipline imposed through final order, or
4302	citation, entered on or after July 1, 2001, for a violation of
4303	any practice act, the board, or the department when there is no
4304	board, shall assess costs related to the investigation and
4305	prosecution of the case. The costs related to the investigation
4306	and prosecution include, but are not limited to, salaries and
4307	benefits of personnel, costs related to the time spent by the
4308	attorney and other personnel working on the case, and any other
4309	expenses incurred by the department for the case. The board, or
4310	the department when there is in no board, shall determine the
4311	amount of costs to be assessed after its consideration of an
4312	affidavit of itemized costs and any written objections thereto.
4313	In any case where the board or the department imposes a fine or
4314	assessment and the fine or assessment is not paid within a
4315	reasonable time, the reasonable time to be prescribed in the
4316	rules of the board, or the department when there is no board, or
4317	in the order assessing the fines or costs, the department or the
4318	Department of Legal Affairs may contract for the collection of,
4319	or bring a civil action to recover, the fine or assessment.
4320
4321	Reviser's note.--Paragraph (1)(t) is amended to
4322	conform to the fact that chapter 400 was split into
4323	chapters 400 and 429 by ss. 2, 3, and 4, ch. 2006-197,
4324	Laws of Florida. Subsection (4) is amended to confirm
4325	the editorial substitution of the word "is" for the
4326	word "in" to correct an apparent error and facilitate
4327	correct interpretation.
4328
4329	Section 112.  Paragraph (e) of subsection (4) of section
4330	458.348, Florida Statutes, is amended to read:
4331	458.348  Formal supervisory relationships, standing orders,
4332	and established protocols; notice; standards.--
4333	(4)  SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE
4334	SETTINGS.--A physician who supervises an advanced registered
4335	nurse practitioner or physician assistant at a medical office
4336	other than the physician's primary practice location, where the
4337	advanced registered nurse practitioner or physician assistant is
4338	not under the onsite supervision of a supervising physician,
4339	must comply with the standards set forth in this subsection. For
4340	the purpose of this subsection, a physician's "primary practice
4341	location" means the address reflected on the physician's profile
4342	published pursuant to s. 456.041.
4343	(e)  This subsection does not apply to health care services
4344	provided in facilities licensed under chapter 395 or in
4345	conjunction with a college of medicine, a college of nursing, an
4346	accredited graduate medical program, or a nursing education
4347	program; offices where the only service being performed is hair
4348	removal by an advanced registered nurse practitioner or
4349	physician assistant; not-for-profit, family-planning clinics
4350	that are not licensed pursuant to chapter 390; rural and
4351	federally qualified health centers; health care services
4352	provided in a nursing home licensed under part II of chapter
4353	400, an assisted living facility licensed under part I III of
4354	chapter 429 400, a continuing care facility licensed under
4355	chapter 651, or a retirement community consisting of independent
4356	living units and a licensed nursing home or assisted living
4357	facility; anesthesia services provided in accordance with law;
4358	health care services provided in a designated rural health
4359	clinic; health care services provided to persons enrolled in a
4360	program designed to maintain elderly persons and persons with
4361	disabilities in a home or community-based setting; university
4362	primary care student health centers; school health clinics; or
4363	health care services provided in federal, state, or local
4364	government facilities.
4365
4366	Reviser's note.--Amended to conform to the
4367	redesignation of part III of chapter 400 as part I of
4368	chapter 429 by s. 2, ch. 2006-197, Laws of Florida.
4369
4370	Section 113.  Subsection (3) of section 458.3485, Florida
4371	Statutes, is amended to read:
4372	458.3485  Medical assistant.--
4373	(3)  CERTIFICATION.--Medical assistants may be certified by
4374	the American Association of Medical Assistants or as a
4375	Registered Medical Assistant by the American Society of Medical
4376	Technologists.
4377
4378	Reviser's note.--Amended to correct the name of the
4379	credentialing organization.
4380
4381	Section 114.  Paragraph (e) of subsection (3) of section
4382	459.025, Florida Statutes, is amended to read:
4383	459.025  Formal supervisory relationships, standing orders,
4384	and established protocols; notice; standards.--
4385	(3)  SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE
4386	SETTINGS.--An osteopathic physician who supervises an advanced
4387	registered nurse practitioner or physician assistant at a
4388	medical office other than the osteopathic physician's primary
4389	practice location, where the advanced registered nurse
4390	practitioner or physician assistant is not under the onsite
4391	supervision of a supervising osteopathic physician, must comply
4392	with the standards set forth in this subsection. For the purpose
4393	of this subsection, an osteopathic physician's "primary practice
4394	location" means the address reflected on the physician's profile
4395	published pursuant to s. 456.041.
4396	(e)  This subsection does not apply to health care services
4397	provided in facilities licensed under chapter 395 or in
4398	conjunction with a college of medicine or college of nursing or
4399	an accredited graduate medical or nursing education program;
4400	offices where the only service being performed is hair removal
4401	by an advanced registered nurse practitioner or physician
4402	assistant; not-for-profit, family-planning clinics that are not
4403	licensed pursuant to chapter 390; rural and federally qualified
4404	health centers; health care services provided in a nursing home
4405	licensed under part II of chapter 400, an assisted living
4406	facility licensed under part I III of chapter 429 400, a
4407	continuing care facility licensed under chapter 651, or a
4408	retirement community consisting of independent living units and
4409	either a licensed nursing home or assisted living facility;
4410	anesthesia services provided in accordance with law; health care
4411	services provided in a designated rural health clinic; health
4412	care services provided to persons enrolled in a program designed
4413	to maintain elderly persons and persons with disabilities in a
4414	home or community-based setting; university primary care student
4415	health centers; school health clinics; or health care services
4416	provided in federal, state, or local government facilities.
4417
4418	Reviser's note.--Amended to conform to the
4419	redesignation of part III of chapter 400 as part I of
4420	chapter 429 by s. 2, ch. 2006-197, Laws of Florida.
4421
4422	Section 115.  Paragraph (a) of subsection (1) of section
4423	482.242, Florida Statutes, is amended to read:
4424	482.242  Preemption.--
4425	(1)  This chapter is intended as comprehensive and
4426	exclusive regulation of pest control in this state.  The
4427	provisions of this chapter preempt to the state all regulation
4428	of the activities and operations of pest control services,
4429	including the pesticides used pursuant to labeling and
4430	registration approved under part I of chapter 487.  No local
4431	government or political subdivision of the state may enact or
4432	enforce an ordinance that regulates pest control, except that
4433	the preemption in this section does not prohibit a local
4434	government or political subdivision from enacting an ordinance
4435	regarding any of the following:
4436	(a)  Local business taxes occupational licenses adopted
4437	pursuant to chapter 205.
4438
4439	Reviser's note.--Amended to conform to the
4440	redesignation of occupational license taxes in chapter
4441	205 as business taxes by ch. 2006-152, Laws of
4442	Florida.
4443
4444	Section 116.  Subsection (5) of section 483.285, Florida
4445	Statutes, is amended to read:
4446	483.285  Application of part; exemptions.--This part
4447	applies to all multiphasic health testing centers within the
4448	state, but does not apply to:
4449	(5)  A home health agency licensed under part III IV of
4450	chapter 400.
4451
4452	Reviser's note.--Amended to conform to the transfer of
4453	sections comprising former part III of chapter 400 to
4454	chapter 429 by s. 2, ch. 2006-197, Laws of Florida.
4455
4456	Section 117.  Subsection (1) of section 489.127, Florida
4457	Statutes, is amended to read:
4458	489.127  Prohibitions; penalties.--
4459	(1)  No person shall:
4460	(a)  Falsely hold himself or herself or a business
4461	organization out as a licensee, certificateholder, or
4462	registrant;
4463	(b)  Falsely impersonate a certificateholder or registrant;
4464	(c)  Present as his or her own the certificate,
4465	registration, or certificate of authority of another;
4466	(d)  Knowingly give false or forged evidence to the board
4467	or a member thereof;
4468	(e)  Use or attempt to use a certificate, registration, or
4469	certificate of authority which has been suspended or revoked;
4470	(f)  Engage in the business or act in the capacity of a
4471	contractor or advertise himself or herself or a business
4472	organization as available to engage in the business or act in
4473	the capacity of a contractor without being duly registered or
4474	certified or having a certificate of authority;
4475	(g)  Operate a business organization engaged in contracting
4476	after 60 days following the termination of its only qualifying
4477	agent without designating another primary qualifying agent,
4478	except as provided in ss. 489.119 and 489.1195;
4479	(h)  Commence or perform work for which a building permit
4480	is required pursuant to part VII of chapter 553 without such
4481	building permit being in effect; or
4482	(i)  Willfully or deliberately disregard or violate any
4483	municipal or county ordinance relating to uncertified or
4484	unregistered contractors.
4485
4486	For purposes of this subsection, a person or business
4487	organization operating on an inactive or suspended certificate,
4488	registration, or certificate of authority is not duly certified
4489	or registered and is considered unlicensed. A business tax
4490	receipt An occupational license certificate issued under the
4491	authority of chapter 205 is not a license for purposes of this
4492	part.
4493
4494	Reviser's note.--Amended to conform to the
4495	redesignation of occupational license taxes in chapter
4496	205 as business taxes by ch. 2006-152, Laws of
4497	Florida.
4498
4499	Section 118.  Paragraph (b) of subsection (1) of section
4500	489.128, Florida Statutes, is amended to read:
4501	489.128  Contracts entered into by unlicensed contractors
4502	unenforceable.--
4503	(1)  As a matter of public policy, contracts entered into
4504	on or after October 1, 1990, by an unlicensed contractor shall
4505	be unenforceable in law or in equity by the unlicensed
4506	contractor.
4507	(b)  For purposes of this section, an individual or
4508	business organization may not be considered unlicensed for
4509	failing to have a business tax receipt an occupational license
4510	certificate issued under the authority of chapter 205. A
4511	business organization may not be considered unlicensed for
4512	failing to have a certificate of authority as required by ss.
4513	489.119 and 489.127. For purposes of this section, a business
4514	organization entering into the contract may not be considered
4515	unlicensed if, before the date established by paragraph (c), an
4516	individual possessing a license required by this part concerning
4517	the scope of the work to be performed under the contract has
4518	submitted an application for a certificate of authority
4519	designating that individual as a qualifying agent for the
4520	business organization entering into the contract, and the
4521	application was not acted upon by the department or applicable
4522	board within the time limitations imposed by s. 120.60.
4523
4524	Reviser's note.--Amended to conform to the
4525	redesignation of occupational license taxes in chapter
4526	205 as business taxes by ch. 2006-152, Laws of
4527	Florida.
4528
4529	Section 119.  Paragraph (c) of subsection (3) of section
4530	489.131, Florida Statutes, is amended to read:
4531	489.131  Applicability.--
4532	(3)  Nothing in this part limits the power of a
4533	municipality or county:
4534	(c)  To collect business occupational license taxes,
4535	subject to s. 205.065, and inspection fees for engaging in
4536	contracting or examination fees from persons who are registered
4537	with the board pursuant to local examination requirements and
4538	issue business occupational license tax receipts certificates.
4539	However, nothing in this part shall be construed to require
4540	general contractors, building contractors, or residential
4541	contractors to obtain additional business occupational license
4542	tax receipts certificates for specialty work when such specialty
4543	work is performed by employees of such contractors on projects
4544	for which they have substantially full responsibility and such
4545	contractors do not hold themselves out to the public as being
4546	specialty contractors.
4547
4548	Reviser's note.--Amended to conform to the
4549	redesignation of occupational license taxes in chapter
4550	205 as business taxes by ch. 2006-152, Laws of
4551	Florida.
4552
4553	Section 120.  Paragraph (b) of subsection (1) of section
4554	489.532, Florida Statutes, is amended to read:
4555	489.532  Contracts entered into by unlicensed contractors
4556	unenforceable.--
4557	(1)  As a matter of public policy, contracts entered into
4558	on or after October 1, 1990, by an unlicensed contractor shall
4559	be unenforceable in law or in equity by the unlicensed
4560	contractor.
4561	(b)  For purposes of this section, an individual or
4562	business organization shall not be considered unlicensed for
4563	failing to have a business tax receipt an occupational license
4564	certificate issued under the authority of chapter 205.
4565
4566	Reviser's note.--Amended to conform to the
4567	redesignation of occupational license taxes in chapter
4568	205 as business taxes by ch. 2006-152, Laws of
4569	Florida.
4570
4571	Section 121.  Subsection (1) of section 497.461, Florida
4572	Statutes, is amended to read:
4573	497.461  Surety bonding as alternative to trust deposit.--
4574	(1)  In lieu of depositing funds into a trust as required
4575	by s. 497.458(1) 497.548(1) or s. 497.464, a preneed licensee
4576	may elect annually, at its discretion, to comply with this
4577	section by filing annually a written request with, and receiving
4578	annual approval from, the licensing authority.
4579
4580	Reviser's note.--Amended to correct an apparent error
4581	and facilitate correct interpretation. The cited
4582	section does not exist; s. 497.458(1) relates to trust
4583	funds for preneed contracts for funeral services or
4584	burial services.
4585
4586	Section 122.  Paragraphs (g) and (h) of subsection (3) of
4587	section 499.029, Florida Statutes, are amended to read:
4588	499.029  Cancer Drug Donation Program.--
4589	(3)  As used in this section:
4590	(g)  "Health care clinic" means a health care clinic
4591	licensed under part X XIII of chapter 400.
4592	(h)  "Hospice" means a corporation licensed under part IV
4593	VI of chapter 400.
4594
4595	Reviser's note.--Amended to conform to the
4596	redesignation of part XIII of chapter 400 as part X
4597	and part VI as part IV incident to the transfer of
4598	former parts III, V, and VII to new chapter 429 by ch.
4599	2006-197, Laws of Florida.
4600
4601	Section 123.  Subsection (3) of section 500.511, Florida
4602	Statutes, is amended to read:
4603	500.511  Fees; enforcement; preemption.--
4604	(3)  PREEMPTION OF AUTHORITY TO REGULATE.--Regulation of
4605	bottled water plants, water vending machines, water vending
4606	machine operators, and packaged ice plants is preempted by the
4607	state. No county or municipality may adopt or enforce any
4608	ordinance that regulates the licensure or operation of bottled
4609	water plants, water vending machines, or packaged ice plants,
4610	unless it is determined that unique conditions exist within the
4611	county which require the county to regulate such entities in
4612	order to protect the public health. This subsection does not
4613	prohibit a county or municipality from requiring a business an
4614	occupational license tax pursuant to chapter 205.
4615
4616	Reviser's note.--Amended to conform to the
4617	redesignation of occupational license taxes as
4618	business taxes in chapter 205 by ch. 2006-152, Laws of
4619	Florida.
4620
4621	Section 124.  Subsection (1) of section 501.016, Florida
4622	Statutes, is amended to read:
4623	501.016  Health studios; security requirements.--Each
4624	health studio that sells contracts for health studio services
4625	shall meet the following requirements:
4626	(1)  Each health studio shall maintain for each separate
4627	business location a bond issued by a surety company admitted to
4628	do business in this state. The principal sum of the bond shall
4629	be $50,000, and the bond, when required, shall be obtained
4630	before a business tax receipt an occupational license may be
4631	issued under chapter 205. Upon issuance of a business tax
4632	receipt an occupational license, the licensing authority shall
4633	immediately notify the department of such issuance in a manner
4634	established by the department by rule.  The bond shall be in
4635	favor of the state for the benefit of any person injured as a
4636	result of a violation of ss. 501.012-501.019. The aggregate
4637	liability of the surety to all persons for all breaches of the
4638	conditions of the bonds provided herein shall in no event exceed
4639	the amount of the bond. The original surety bond required by
4640	this section shall be filed with the department.
4641
4642	Reviser's note.--Amended to conform to the
4643	redesignation of occupational licenses as business tax
4644	receipts in chapter 205 by ch. 2006-152, Laws of
4645	Florida.
4646
4647	Section 125.  Paragraph (b) of subsection (3) of section
4648	501.143, Florida Statutes, is amended to read:
4649	501.143  Dance Studio Act.--
4650	(3)  REGISTRATION OF BALLROOM DANCE STUDIOS.--
4651	(b)  Any person applying for or renewing a local business
4652	tax receipt occupational license to engage in business as a
4653	ballroom dance studio must exhibit an active registration
4654	certificate from the department before the local business tax
4655	receipt occupational license may be issued or reissued under
4656	chapter 205.
4657
4658	Reviser's note.--Amended to conform to the
4659	redesignation of occupational licenses as business tax
4660	receipts in chapter 205 by ch. 2006-152, Laws of
4661	Florida.
4662
4663	Section 126.  Subsection (9) of section 501.160, Florida
4664	Statutes, is amended to read:
4665	501.160  Rental or sale of essential commodities during a
4666	declared state of emergency; prohibition against unconscionable
4667	prices.--
4668	(9)  Upon a declaration of a state of emergency by the
4669	Governor, in order to protect the health, safety, and welfare of
4670	residents, any person who offers goods and services for sale to
4671	the public during the duration of the emergency and who does not
4672	possess a business tax receipt an occupational license under s.
4673	205.032 or s. 205.042 commits a misdemeanor of the second
4674	degree, punishable as provided in s. 775.082 or s. 775.083.
4675	During a declared emergency, this subsection does not apply to
4676	religious, charitable, fraternal, civic, educational, or social
4677	organizations. During a declared emergency and when there is an
4678	allegation of price gouging against the person, failure to
4679	possess a license constitutes reasonable cause to detain the
4680	person, provided that the detention shall only be made in a
4681	reasonable manner and only for a reasonable period of time
4682	sufficient for an inquiry into the circumstances surrounding the
4683	failure to possess a license.
4684
4685	Reviser's note.--Amended to conform to the
4686	redesignation of occupational licenses as business tax
4687	receipts in chapter 205 by ch. 2006-152, Laws of
4688	Florida.
4689
4690	Section 127.  Paragraph (c) of subsection (4) of section
4691	509.233, Florida Statutes, is amended to read:
4692	509.233  Public food service establishment requirements;
4693	local exemption for dogs in designated outdoor portions; pilot
4694	program.--
4695	(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
4696	(c)  In order to protect the health, safety, and general
4697	welfare of the public, the local exemption ordinance shall
4698	include such regulations and limitations as deemed necessary by
4699	the participating local government and shall include, but not be
4700	limited to, the following requirements:
4701	1.  All public food service establishment employees shall
4702	wash their hands promptly after touching, petting, or otherwise
4703	handling dogs. Employees shall be prohibited from touching,
4704	petting, or otherwise handling dogs while serving food or
4705	beverages or handling tableware or before entering other parts
4706	of the public food service establishment.
4707	2.  Patrons in a designated outdoor area shall be advised
4708	that they should wash their hands before eating. Waterless hand
4709	sanitizer shall be provided at all tables in the designated
4710	outdoor area.
4711	3.  Employees and patrons shall be instructed that they
4712	shall not allow dogs to come into contact with serving dishes,
4713	utensils, tableware, linens, paper products, or any other items
4714	involved in food service operations.
4715	4.  Patrons shall keep their dogs on a leash at all times
4716	and shall keep their dogs under reasonable control.
4717	5.  Dogs shall not be allowed on chairs, tables, or other
4718	furnishings.
4719	6.  All table and chair surfaces shall be cleaned and
4720	sanitized with an approved product between seating of patrons.
4721	Spilled food and drink shall be removed from the floor or ground
4722	between seating of patrons.
4723	7.  Accidents involving dog waste shall be cleaned
4724	immediately and the area sanitized with an approved product. A
4725	kit with the appropriate materials for this purpose shall be
4726	kept near the designated outdoor area.
4727	8.  A sign or signs reminding employees of the applicable
4728	rules shall be posted on premises in a manner and place as
4729	determined by the local permitting authority.
4730	9.  A sign or signs reminding patrons of the applicable
4731	rules shall be posted on premises in a manner and place as
4732	determined by the local permitting authority.
4733	10.  A sign or signs shall be posted in a manner and place
4734	as determined by the local permitting authority that places the
4735	public on notice that the designated outdoor area is available
4736	for the use of patrons and patrons' dogs.
4737	11.  Dogs shall not be permitted to travel through indoor
4738	or nondesignated outdoor portions of the public food service
4739	establishment, and ingress and egress to the designated outdoor
4740	portions of the public food service establishment must not
4741	require entrance into or passage through any indoor area of the
4742	food establishment.
4743
4744	Reviser's note.--Amended to improve clarity and
4745	facilitate correct interpretation.
4746
4747	Section 128.  Subsection (9) of section 516.05, Florida
4748	Statutes, is amended to read:
4749	516.05  License.--
4750	(9)  A licensee who that is the subject of a voluntary or
4751	involuntary bankruptcy filing must report such filing to the
4752	office within 7 business days after the filing date.
4753
4754	Reviser's note.--Amended to improve clarity and
4755	facilitate correct interpretation.
4756
4757	Section 129.  Section 551.101, Florida Statutes, is amended
4758	to read:
4759	551.101  Slot machine gaming authorized.--Any licensed
4760	pari-mutuel facility located in Miami-Dade County or Broward
4761	County existing at the time of adoption of s. 23, Art. X of the
4762	State Constitution that has conducted live racing or games
4763	during calendar years 2002 and 2003 may possess slot machines
4764	and conduct slot machine gaming at the location where the pari-
4765	mutuel permitholder is authorized to conduct pari-mutuel
4766	wagering activities pursuant to such permitholder's valid pari-
4767	mutuel permit provided that a majority of voters in a countywide
4768	referendum have approved slot machines at such facility in the
4769	respective county. Notwithstanding any other provision of law,
4770	it is not a crime for a person to participate in slot machine
4771	gaming at a pari-mutuel facility licensed to possess slot
4772	machines and conduct slot machine gaming or to participate in
4773	slot machine gaming described in this chapter.
4774
4775	Reviser's note.--Amended to improve clarity and
4776	facilitate correct interpretation.
4777
4778	Section 130.  Section 559.939, Florida Statutes, is amended
4779	to read:
4780	559.939  State preemption.--No municipality or county or
4781	other political subdivision of this state shall have authority
4782	to levy or collect any registration fee or tax, as a regulatory
4783	measure, or to require the registration or bonding in any manner
4784	of any seller of travel who is registered or complies with all
4785	applicable provisions of this part, unless that authority is
4786	provided for by special or general act of the Legislature.  Any
4787	ordinance, resolution, or regulation of any municipality or
4788	county or other political subdivision of this state which is in
4789	conflict with any provision of this part is preempted by this
4790	part.  The provisions of this section do not apply to any local
4791	business occupational tax levied pursuant to chapter 205.
4792
4793	Reviser's note.--Amended to conform to the
4794	redesignation of local occupational taxes as local
4795	business taxes in chapter 205 by ch. 2006-152, Laws of
4796	Florida.
4797
4798	Section 131.  Subsection (3) of section 607.0130, Florida
4799	Statutes, is amended to read:
4800	607.0130  Powers of Department of State.--
4801	(3)  The Department of State may, based upon its findings
4802	hereunder or as provided in s. 213.053(15) 215.053(15), bring an
4803	action in circuit court to collect any penalties, fees, or taxes
4804	determined to be due and owing the state and to compel any
4805	filing, qualification, or registration required by law.  In
4806	connection with such proceeding the department may, without
4807	prior approval by the court, file a lis pendens against any
4808	property owned by the corporation and may further certify any
4809	findings to the Department of Legal Affairs for the initiation
4810	of any action permitted pursuant to s. 607.0505 which the
4811	Department of Legal Affairs may deem appropriate.
4812
4813	Reviser's note.--Amended to improve clarity and
4814	facilitate correct interpretation. Section 215.053(15)
4815	does not exist; section 213.053(15) provides for
4816	recovery of fees and penalties due and owing the
4817	state.
4818
4819	Section 132.  Subsection (1) and paragraph (a) of
4820	subsection (2) of section 607.193, Florida Statutes, are amended
4821	to read:
4822	607.193  Supplemental corporate fee.--
4823	(1)  In addition to any other taxes imposed by law, an
4824	annual supplemental corporate fee of $88.75 is imposed on each
4825	business entity that is authorized to transact business in this
4826	state and is required to file an annual report with the
4827	Department of State under s. 607.1622, s. 608.4511 608.452, or
4828	s. 620.1210.
4829	(2)(a)  The business entity shall remit the supplemental
4830	corporate fee to the Department of State at the time it files
4831	the annual report required by s. 607.1622, s. 608.4511 608.452,
4832	or s. 620.1210.
4833
4834	Reviser's note.--Amended to improve clarity and
4835	facilitate correct interpretation. Section 608.4511
4836	references the annual report for the Department of
4837	State, and s. 608.452 references fees.
4838
4839	Section 133.  Subsection (5) of section 620.2113, Florida
4840	Statutes, is amended to read:
4841	620.2113  Appraisal rights; definitions.--The following
4842	definitions apply to this section and ss. 620.2114-620.2124:
4843	(5)  "Interest" means interest from the effective date of
4844	the appraisal event to which the limited partner objects until
4845	the date of payment, at the rate of interest described in s.
4846	620.1107(2) 620.107(2), determined as of the effective date of
4847	the appraisal event.
4848
4849	Reviser's note.--Amended to improve clarity and
4850	facilitate correct interpretation. Section 620.107 was
4851	repealed by s. 25, ch. 2005-267, Laws of Florida, and
4852	did not reference interest rates; s. 620.1107(2) does
4853	relate to interest rates.
4854
4855	Section 134.  Paragraph (c) of subsection (2) of section
4856	620.2118, Florida Statutes, is amended to read:
4857	620.2118  Appraisal notice and form.--
4858	(2)  The appraisal notice must be sent no earlier than the
4859	date the appraisal event became effective and no later than 10
4860	days after such date and must:
4861	(c)  Be accompanied by:
4862	1.  Financial statements of the limited partnership that
4863	issued the limited partner interests to be appraised, consisting
4864	of a balance sheet as of the end of the fiscal year ending not
4865	more than 15 months prior to the date of the limited
4866	partnership's appraisal notice, an income statement for that
4867	year, a cash flow statement for that year, and the latest
4868	available interim financial statements, if any.
4869	2.  A copy of ss. 620.2113-620.2124 620.2213-620.2224.
4870
4871	Reviser's note.--Amended to improve clarity and
4872	facilitate correct interpretation. Sections
4873	620.2213-620.2224 do not exist. Limited partner
4874	appraisals are referenced in ss. 620.2113-620.2124.
4875
4876	Section 135.  Subsection (3) of section 620.8911, Florida
4877	Statutes, is amended to read:
4878	620.8911  Definitions.--As used in this section and ss.
4879	620.8912-620.8923:
4880	(3)  "Converted organization" means the organization into
4881	which a converting organization converts pursuant to ss.
4882	620.8912-620.8915 620.8902-620.8905.
4883
4884	Reviser's note.--Amended to improve clarity and
4885	facilitate correct interpretation. Sections
4886	620.8902-620.8905 were repealed by s. 25, ch. 2005-
4887	2005-267, Laws of Florida. Sections 620.8912-620.8915
4888	were created by s. 22, ch. 2005-267, and cover
4889	conversion organizations.
4890
4891	Section 136.  Paragraph (c) of subsection (1) of section
4892	624.5105, Florida Statutes, is amended to read:
4893	624.5105  Community contribution tax credit; authorization;
4894	limitations; eligibility and application requirements;
4895	administration; definitions; expiration.--
4896	(1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
4897	(c)  The total amount of tax credit which may be granted
4898	for all programs approved under this section and ss.
4899	212.08(5)(p) 212.08(5)(q) and 220.183 is $10.5 million annually
4900	for projects that provide homeownership opportunities for low-
4901	income or very-low-income households as defined in s.
4902	420.9071(19) and (28) and $3.5 million annually for all other
4903	projects.
4904
4905	Reviser's note.--Amended to conform to the repeal of
4906	former s. 212.08(5)(p) by s. 2, ch. 2006-2, Laws of
4907	Florida, and the subsequent redesignation of
4908	paragraphs.
4909
4910	Section 137.  Paragraph (a) of subsection (1) of section
4911	626.022, Florida Statutes, is amended to read:
4912	626.022  Scope of part.--
4913	(1)  This part applies as to insurance agents, service
4914	representatives, adjusters, and insurance agencies; as to any
4915	and all kinds of insurance; and as to stock insurers, mutual
4916	insurers, reciprocal insurers, and all other types of insurers,
4917	except that:
4918	(a)  It does not apply as to reinsurance, except that ss.
4919	626.011-626.022 626.011-626.031, ss. 626.112-626.181 626.102-
4920	626.181, ss. 626.191-626.211, ss. 626.291-626.301, s. 626.331,
4921	ss. 626.342-626.521, ss. 626.541-626.591, and ss. 626.601-
4922	626.711 shall apply as to reinsurance intermediaries as defined
4923	in s. 626.7492.
4924
4925	Reviser's note.--Amended to conform to the repeal of
4926	ss. 626.031, 626.102, and others in the cited range of
4927	sections by s. 72, ch. 2002-206, Laws of Florida.
4928
4929	Section 138.  Subsection (4) of section 626.171, Florida
4930	Statutes, is amended to read:
4931	626.171  Application for license as an agent, customer
4932	representative, adjuster, service representative, managing
4933	general agent, or reinsurance intermediary.--
4934	(4)  An applicant for a license as an agent, customer
4935	representative, adjuster, service representative, managing
4936	general agent, or reinsurance intermediary must submit a set of
4937	the individual applicant's fingerprints, or, if the applicant is
4938	not an individual, by a set of the fingerprints of the sole
4939	proprietor, majority owner, partners, officers, and directors,
4940	to the department and must pay the fingerprint processing fee
4941	set forth in s. 624.501. Fingerprints shall be used to
4942	investigate the applicant's qualifications pursuant to s.
4943	626.201. The fingerprints shall be taken by a law enforcement
4944	agency, designated examination center, or other department-
4945	approved entity. The department shall require all designated
4946	examination centers to have fingerprinting equipment and to take
4947	fingerprints from any applicant or prospective applicant who
4948	pays the applicable fee. The department may not approve an
4949	application for licensure as an agent, customer service
4950	representative, adjuster, service representative, managing
4951	general agent, or reinsurance intermediary if fingerprints have
4952	not been submitted.
4953
4954	Reviser's note.--Amended to confirm the editorial
4955	deletion of the word "by" preceding the word "a" to
4956	improve clarity and facilitate correct interpretation.
4957
4958	Section 139.  Paragraph (j) of subsection (1) of section
4959	626.935, Florida Statutes, is amended to read:
4960	626.935  Suspension, revocation, or refusal of surplus
4961	lines agent's license.--
4962	(1)  The department shall deny an application for, suspend,
4963	revoke, or refuse to renew the appointment of a surplus lines
4964	agent and all other licenses and appointments held by the
4965	licensee under this code, upon any of the following grounds:
4966	(j)  For any other applicable cause for which the license
4967	of a general lines agent could be suspended, revoked, or refused
4968	under s. 626.611 or s. 626.621 616.621.
4969
4970	Reviser's note.--Amended to improve clarity and
4971	facilitate correct interpretation. Section 616.621
4972	does not exist. Section 626.621 references grounds for
4973	discretionary refusal, suspension, or revocation of an
4974	agent's license.
4975
4976	Section 140.  Paragraph (g) of subsection (3) of section
4977	626.9912, Florida Statutes, is amended to read:
4978	626.9912  Viatical settlement provider license required;
4979	application for license.--
4980	(3)  In the application, the applicant must provide all of
4981	the following:
4982	(g)  A general description of the method the viatical
4983	settlement provider will use in determining life expectancies,
4984	including a description of the applicant's intended receipt of
4985	life expectancies the applicant's intended receipt of life
4986	expectancies, the applicant's intended use of life expectancy
4987	providers, and the written plan or plans of policies and
4988	procedures used to determine life expectancies.
4989
4990	Reviser's note.--Amended to improve clarity and
4991	facilitate correct interpretation.
4992
4993	Section 141.  Paragraph (b) of subsection (2) and
4994	paragraphs (c), (d), (n), and (v) of subsection (6) of section
4995	627.351, Florida Statutes, as amended by section 21 of chapter
4996	2007-1, Laws of Florida, are amended to read:
4997	627.351  Insurance risk apportionment plans.--
4998	(2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--
4999	(b)  The department shall require all insurers holding a
5000	certificate of authority to transact property insurance on a
5001	direct basis in this state, other than joint underwriting
5002	associations and other entities formed pursuant to this section,
5003	to provide windstorm coverage to applicants from areas
5004	determined to be eligible pursuant to paragraph (c) who in good
5005	faith are entitled to, but are unable to procure, such coverage
5006	through ordinary means; or it shall adopt a reasonable plan or
5007	plans for the equitable apportionment or sharing among such
5008	insurers of windstorm coverage, which may include formation of
5009	an association for this purpose. As used in this subsection, the
5010	term "property insurance" means insurance on real or personal
5011	property, as defined in s. 624.604, including insurance for
5012	fire, industrial fire, allied lines, farmowners multiperil,
5013	homeowners' multiperil, commercial multiperil, and mobile homes,
5014	and including liability coverages on all such insurance, but
5015	excluding inland marine as defined in s. 624.607(3) and
5016	excluding vehicle insurance as defined in s. 624.605(1)(a) other
5017	than insurance on mobile homes used as permanent dwellings. The
5018	department shall adopt rules that provide a formula for the
5019	recovery and repayment of any deferred assessments.
5020	1.  For the purpose of this section, properties eligible
5021	for such windstorm coverage are defined as dwellings, buildings,
5022	and other structures, including mobile homes which are used as
5023	dwellings and which are tied down in compliance with mobile home
5024	tie-down requirements prescribed by the Department of Highway
5025	Safety and Motor Vehicles pursuant to s. 320.8325, and the
5026	contents of all such properties. An applicant or policyholder is
5027	eligible for coverage only if an offer of coverage cannot be
5028	obtained by or for the applicant or policyholder from an
5029	admitted insurer at approved rates.
5030	2.a.(I)  All insurers required to be members of such
5031	association shall participate in its writings, expenses, and
5032	losses. Surplus of the association shall be retained for the
5033	payment of claims and shall not be distributed to the member
5034	insurers. Such participation by member insurers shall be in the
5035	proportion that the net direct premiums of each member insurer
5036	written for property insurance in this state during the
5037	preceding calendar year bear to the aggregate net direct
5038	premiums for property insurance of all member insurers, as
5039	reduced by any credits for voluntary writings, in this state
5040	during the preceding calendar year. For the purposes of this
5041	subsection, the term "net direct premiums" means direct written
5042	premiums for property insurance, reduced by premium for
5043	liability coverage and for the following if included in allied
5044	lines: rain and hail on growing crops; livestock; association
5045	direct premiums booked; National Flood Insurance Program direct
5046	premiums; and similar deductions specifically authorized by the
5047	plan of operation and approved by the department. A member's
5048	participation shall begin on the first day of the calendar year
5049	following the year in which it is issued a certificate of
5050	authority to transact property insurance in the state and shall
5051	terminate 1 year after the end of the calendar year during which
5052	it no longer holds a certificate of authority to transact
5053	property insurance in the state. The commissioner, after review
5054	of annual statements, other reports, and any other statistics
5055	that the commissioner deems necessary, shall certify to the
5056	association the aggregate direct premiums written for property
5057	insurance in this state by all member insurers.
5058	(II)  Effective July 1, 2002, the association shall operate
5059	subject to the supervision and approval of a board of governors
5060	who are the same individuals that have been appointed by the
5061	Treasurer to serve on the board of governors of the Citizens
5062	Property Insurance Corporation.
5063	(III)  The plan of operation shall provide a formula
5064	whereby a company voluntarily providing windstorm coverage in
5065	affected areas will be relieved wholly or partially from
5066	apportionment of a regular assessment pursuant to sub-sub-
5067	subparagraph d.(I) or sub-sub-subparagraph d.(II).
5068	(IV)  A company which is a member of a group of companies
5069	under common management may elect to have its credits applied on
5070	a group basis, and any company or group may elect to have its
5071	credits applied to any other company or group.
5072	(V)  There shall be no credits or relief from apportionment
5073	to a company for emergency assessments collected from its
5074	policyholders under sub-sub-subparagraph d.(III).
5075	(VI)  The plan of operation may also provide for the award
5076	of credits, for a period not to exceed 3 years, from a regular
5077	assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub-
5078	subparagraph d.(II) as an incentive for taking policies out of
5079	the Residential Property and Casualty Joint Underwriting
5080	Association.  In order to qualify for the exemption under this
5081	sub-sub-subparagraph, the take-out plan must provide that at
5082	least 40 percent of the policies removed from the Residential
5083	Property and Casualty Joint Underwriting Association cover risks
5084	located in Dade, Broward, and Palm Beach Counties or at least 30
5085	percent of the policies so removed cover risks located in Dade,
5086	Broward, and Palm Beach Counties and an additional 50 percent of
5087	the policies so removed cover risks located in other coastal
5088	counties, and must also provide that no more than 15 percent of
5089	the policies so removed may exclude windstorm coverage.  With
5090	the approval of the department, the association may waive these
5091	geographic criteria for a take-out plan that removes at least
5092	the lesser of 100,000 Residential Property and Casualty Joint
5093	Underwriting Association policies or 15 percent of the total
5094	number of Residential Property and Casualty Joint Underwriting
5095	Association policies, provided the governing board of the
5096	Residential Property and Casualty Joint Underwriting Association
5097	certifies that the take-out plan will materially reduce the
5098	Residential Property and Casualty Joint Underwriting
5099	Association's 100-year probable maximum loss from hurricanes.
5100	With the approval of the department, the board may extend such
5101	credits for an additional year if the insurer guarantees an
5102	additional year of renewability for all policies removed from
5103	the Residential Property and Casualty Joint Underwriting
5104	Association, or for 2 additional years if the insurer guarantees
5105	2 additional years of renewability for all policies removed from
5106	the Residential Property and Casualty Joint Underwriting
5107	Association.
5108	b.  Assessments to pay deficits in the association under
5109	this subparagraph shall be included as an appropriate factor in
5110	the making of rates as provided in s. 627.3512.
5111	c.  The Legislature finds that the potential for unlimited
5112	deficit assessments under this subparagraph may induce insurers
5113	to attempt to reduce their writings in the voluntary market, and
5114	that such actions would worsen the availability problems that
5115	the association was created to remedy. It is the intent of the
5116	Legislature that insurers remain fully responsible for paying
5117	regular assessments and collecting emergency assessments for any
5118	deficits of the association; however, it is also the intent of
5119	the Legislature to provide a means by which assessment
5120	liabilities may be amortized over a period of years.
5121	d.(I)  When the deficit incurred in a particular calendar
5122	year is 10 percent or less of the aggregate statewide direct
5123	written premium for property insurance for the prior calendar
5124	year for all member insurers, the association shall levy an
5125	assessment on member insurers in an amount equal to the deficit.
5126	(II)  When the deficit incurred in a particular calendar
5127	year exceeds 10 percent of the aggregate statewide direct
5128	written premium for property insurance for the prior calendar
5129	year for all member insurers, the association shall levy an
5130	assessment on member insurers in an amount equal to the greater
5131	of 10 percent of the deficit or 10 percent of the aggregate
5132	statewide direct written premium for property insurance for the
5133	prior calendar year for member insurers. Any remaining deficit
5134	shall be recovered through emergency assessments under sub-sub-
5135	subparagraph (III).
5136	(III)  Upon a determination by the board of directors that
5137	a deficit exceeds the amount that will be recovered through
5138	regular assessments on member insurers, pursuant to sub-sub-
5139	subparagraph (I) or sub-sub-subparagraph (II), the board shall
5140	levy, after verification by the department, emergency
5141	assessments to be collected by member insurers and by
5142	underwriting associations created pursuant to this section which
5143	write property insurance, upon issuance or renewal of property
5144	insurance policies other than National Flood Insurance policies
5145	in the year or years following levy of the regular assessments.
5146	The amount of the emergency assessment collected in a particular
5147	year shall be a uniform percentage of that year's direct written
5148	premium for property insurance for all member insurers and
5149	underwriting associations, excluding National Flood Insurance
5150	policy premiums, as annually determined by the board and
5151	verified by the department. The department shall verify the
5152	arithmetic calculations involved in the board's determination
5153	within 30 days after receipt of the information on which the
5154	determination was based. Notwithstanding any other provision of
5155	law, each member insurer and each underwriting association
5156	created pursuant to this section shall collect emergency
5157	assessments from its policyholders without such obligation being
5158	affected by any credit, limitation, exemption, or deferment.
5159	The emergency assessments so collected shall be transferred
5160	directly to the association on a periodic basis as determined by
5161	the association. The aggregate amount of emergency assessments
5162	levied under this sub-sub-subparagraph in any calendar year may
5163	not exceed the greater of 10 percent of the amount needed to
5164	cover the original deficit, plus interest, fees, commissions,
5165	required reserves, and other costs associated with financing of
5166	the original deficit, or 10 percent of the aggregate statewide
5167	direct written premium for property insurance written by member
5168	insurers and underwriting associations for the prior year, plus
5169	interest, fees, commissions, required reserves, and other costs
5170	associated with financing the original deficit. The board may
5171	pledge the proceeds of the emergency assessments under this sub-
5172	sub-subparagraph as the source of revenue for bonds, to retire
5173	any other debt incurred as a result of the deficit or events
5174	giving rise to the deficit, or in any other way that the board
5175	determines will efficiently recover the deficit. The emergency
5176	assessments under this sub-sub-subparagraph shall continue as
5177	long as any bonds issued or other indebtedness incurred with
5178	respect to a deficit for which the assessment was imposed remain
5179	outstanding, unless adequate provision has been made for the
5180	payment of such bonds or other indebtedness pursuant to the
5181	document governing such bonds or other indebtedness. Emergency
5182	assessments collected under this sub-sub-subparagraph are not
5183	part of an insurer's rates, are not premium, and are not subject
5184	to premium tax, fees, or commissions; however, failure to pay
5185	the emergency assessment shall be treated as failure to pay
5186	premium.
5187	(IV)  Each member insurer's share of the total regular
5188	assessments under sub-sub-subparagraph (I) or sub-sub-
5189	subparagraph (II) shall be in the proportion that the insurer's
5190	net direct premium for property insurance in this state, for the
5191	year preceding the assessment bears to the aggregate statewide
5192	net direct premium for property insurance of all member
5193	insurers, as reduced by any credits for voluntary writings for
5194	that year.
5195	(V)  If regular deficit assessments are made under sub-sub-
5196	subparagraph (I) or sub-sub-subparagraph (II), or by the
5197	Residential Property and Casualty Joint Underwriting Association
5198	under sub-subparagraph (6)(b)3.a. or sub-subparagraph
5199	(6)(b)3.b., the association shall levy upon the association's
5200	policyholders, as part of its next rate filing, or by a separate
5201	rate filing solely for this purpose, a market equalization
5202	surcharge in a percentage equal to the total amount of such
5203	regular assessments divided by the aggregate statewide direct
5204	written premium for property insurance for member insurers for
5205	the prior calendar year. Market equalization surcharges under
5206	this sub-sub-subparagraph are not considered premium and are not
5207	subject to commissions, fees, or premium taxes; however, failure
5208	to pay a market equalization surcharge shall be treated as
5209	failure to pay premium.
5210	e.  The governing body of any unit of local government, any
5211	residents of which are insured under the plan, may issue bonds
5212	as defined in s. 125.013 or s. 166.101 to fund an assistance
5213	program, in conjunction with the association, for the purpose of
5214	defraying deficits of the association. In order to avoid
5215	needless and indiscriminate proliferation, duplication, and
5216	fragmentation of such assistance programs, any unit of local
5217	government, any residents of which are insured by the
5218	association, may provide for the payment of losses, regardless
5219	of whether or not the losses occurred within or outside of the
5220	territorial jurisdiction of the local government. Revenue bonds
5221	may not be issued until validated pursuant to chapter 75, unless
5222	a state of emergency is declared by executive order or
5223	proclamation of the Governor pursuant to s. 252.36 making such
5224	findings as are necessary to determine that it is in the best
5225	interests of, and necessary for, the protection of the public
5226	health, safety, and general welfare of residents of this state
5227	and the protection and preservation of the economic stability of
5228	insurers operating in this state, and declaring it an essential
5229	public purpose to permit certain municipalities or counties to
5230	issue bonds as will provide relief to claimants and
5231	policyholders of the association and insurers responsible for
5232	apportionment of plan losses. Any such unit of local government
5233	may enter into such contracts with the association and with any
5234	other entity created pursuant to this subsection as are
5235	necessary to carry out this paragraph. Any bonds issued under
5236	this sub-subparagraph shall be payable from and secured by
5237	moneys received by the association from assessments under this
5238	subparagraph, and assigned and pledged to or on behalf of the
5239	unit of local government for the benefit of the holders of such
5240	bonds. The funds, credit, property, and taxing power of the
5241	state or of the unit of local government shall not be pledged
5242	for the payment of such bonds. If any of the bonds remain unsold
5243	60 days after issuance, the department shall require all
5244	insurers subject to assessment to purchase the bonds, which
5245	shall be treated as admitted assets; each insurer shall be
5246	required to purchase that percentage of the unsold portion of
5247	the bond issue that equals the insurer's relative share of
5248	assessment liability under this subsection. An insurer shall not
5249	be required to purchase the bonds to the extent that the
5250	department determines that the purchase would endanger or impair
5251	the solvency of the insurer. The authority granted by this sub-
5252	subparagraph is additional to any bonding authority granted by
5253	subparagraph 6.
5254	3.  The plan shall also provide that any member with a
5255	surplus as to policyholders of $20 million or less writing 25
5256	percent or more of its total countrywide property insurance
5257	premiums in this state may petition the department, within the
5258	first 90 days of each calendar year, to qualify as a limited
5259	apportionment company. The apportionment of such a member
5260	company in any calendar year for which it is qualified shall not
5261	exceed its gross participation, which shall not be affected by
5262	the formula for voluntary writings. In no event shall a limited
5263	apportionment company be required to participate in any
5264	apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
5265	or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
5266	$50 million after payment of available plan funds in any
5267	calendar year. However, a limited apportionment company shall
5268	collect from its policyholders any emergency assessment imposed
5269	under sub-sub-subparagraph 2.d.(III). The plan shall provide
5270	that, if the department determines that any regular assessment
5271	will result in an impairment of the surplus of a limited
5272	apportionment company, the department may direct that all or
5273	part of such assessment be deferred. However, there shall be no
5274	limitation or deferment of an emergency assessment to be
5275	collected from policyholders under sub-sub-subparagraph
5276	2.d.(III).
5277	4.  The plan shall provide for the deferment, in whole or
5278	in part, of a regular assessment of a member insurer under sub-
5279	sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but
5280	not for an emergency assessment collected from policyholders
5281	under sub-sub-subparagraph 2.d.(III), if, in the opinion of the
5282	commissioner, payment of such regular assessment would endanger
5283	or impair the solvency of the member insurer. In the event a
5284	regular assessment against a member insurer is deferred in whole
5285	or in part, the amount by which such assessment is deferred may
5286	be assessed against the other member insurers in a manner
5287	consistent with the basis for assessments set forth in sub-sub-
5288	subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
5289	5.a.  The plan of operation may include deductibles and
5290	rules for classification of risks and rate modifications
5291	consistent with the objective of providing and maintaining funds
5292	sufficient to pay catastrophe losses.
5293	b.  The association may require arbitration of a rate
5294	filing under s. 627.062(6). It is the intent of the Legislature
5295	that the rates for coverage provided by the association be
5296	actuarially sound and not competitive with approved rates
5297	charged in the admitted voluntary market such that the
5298	association functions as a residual market mechanism to provide
5299	insurance only when the insurance cannot be procured in the
5300	voluntary market.  The plan of operation shall provide a
5301	mechanism to assure that, beginning no later than January 1,
5302	1999, the rates charged by the association for each line of
5303	business are reflective of approved rates in the voluntary
5304	market for hurricane coverage for each line of business in the
5305	various areas eligible for association coverage.
5306	c.  The association shall provide for windstorm coverage on
5307	residential properties in limits up to $10 million for
5308	commercial lines residential risks and up to $1 million for
5309	personal lines residential risks. If coverage with the
5310	association is sought for a residential risk valued in excess of
5311	these limits, coverage shall be available to the risk up to the
5312	replacement cost or actual cash value of the property, at the
5313	option of the insured, if coverage for the risk cannot be
5314	located in the authorized market. The association must accept a
5315	commercial lines residential risk with limits above $10 million
5316	or a personal lines residential risk with limits above $1
5317	million if coverage is not available in the authorized market.
5318	The association may write coverage above the limits specified in
5319	this subparagraph with or without facultative or other
5320	reinsurance coverage, as the association determines appropriate.
5321	d.  The plan of operation must provide objective criteria
5322	and procedures, approved by the department, to be uniformly
5323	applied for all applicants in determining whether an individual
5324	risk is so hazardous as to be uninsurable. In making this
5325	determination and in establishing the criteria and procedures,
5326	the following shall be considered:
5327	(I)  Whether the likelihood of a loss for the individual
5328	risk is substantially higher than for other risks of the same
5329	class; and
5330	(II)  Whether the uncertainty associated with the
5331	individual risk is such that an appropriate premium cannot be
5332	determined.
5333
5334	The acceptance or rejection of a risk by the association
5335	pursuant to such criteria and procedures must be construed as
5336	the private placement of insurance, and the provisions of
5337	chapter 120 do not apply.
5338	e.  If the risk accepts an offer of coverage through the
5339	market assistance program or through a mechanism established by
5340	the association, either before the policy is issued by the
5341	association or during the first 30 days of coverage by the
5342	association, and the producing agent who submitted the
5343	application to the association is not currently  appointed by
5344	the insurer, the insurer shall:
5345	(I)  Pay to the producing agent of record of the policy,
5346	for the first year, an amount that is the greater of the
5347	insurer's usual and customary commission for the type of policy
5348	written or a fee equal to the usual and customary commission of
5349	the association; or
5350	(II)  Offer to allow the producing agent of record of the
5351	policy to continue servicing the policy for a period of not less
5352	than 1 year and offer to pay the agent the greater of the
5353	insurer's or the association's usual and customary commission
5354	for the type of policy written.
5355
5356	If the producing agent is unwilling or unable to accept
5357	appointment, the new insurer shall pay the agent in accordance
5358	with sub-sub-subparagraph (I). Subject to the provisions of s.
5359	627.3517, the policies issued by the association must provide
5360	that if the association obtains an offer from an authorized
5361	insurer to cover the risk at its approved rates under either a
5362	standard policy including wind coverage or, if consistent with
5363	the insurer's underwriting rules as filed with the department, a
5364	basic policy including wind coverage, the risk is no longer
5365	eligible for coverage through the association. Upon termination
5366	of eligibility, the association shall provide written notice to
5367	the policyholder and agent of record stating that the
5368	association policy must be canceled as of 60 days after the date
5369	of the notice because of the offer of coverage from an
5370	authorized insurer. Other provisions of the insurance code
5371	relating to cancellation and notice of cancellation do not apply
5372	to actions under this sub-subparagraph.
5373	f.  When the association enters into a contractual
5374	agreement for a take-out plan, the producing agent of record of
5375	the association policy is entitled to retain any unearned
5376	commission on the policy, and the insurer shall:
5377	(I)  Pay to the producing agent of record of the
5378	association policy, for the first year, an amount that is the
5379	greater of the insurer's usual and customary commission for  the
5380	type of policy written or a fee equal to the usual and
5381	customary commission of the association; or
5382	(II)  Offer to allow the producing agent of record of the
5383	association policy to continue servicing the policy for a period
5384	of not less than 1 year and offer to pay the agent the  greater
5385	of the insurer's or the association's usual and  customary
5386	commission for the type of policy written.
5387
5388	If the producing agent is unwilling or unable to accept
5389	appointment, the new insurer shall pay the agent in accordance
5390	with sub-sub-subparagraph (I).
5391	6.a.  The plan of operation may authorize the formation of
5392	a private nonprofit corporation, a private nonprofit
5393	unincorporated association, a partnership, a trust, a limited
5394	liability company, or a nonprofit mutual company which may be
5395	empowered, among other things, to borrow money by issuing bonds
5396	or by incurring other indebtedness and to accumulate reserves or
5397	funds to be used for the payment of insured catastrophe losses.
5398	The plan may authorize all actions necessary to facilitate the
5399	issuance of bonds, including the pledging of assessments or
5400	other revenues.
5401	b.  Any entity created under this subsection, or any entity
5402	formed for the purposes of this subsection, may sue and be sued,
5403	may borrow money; issue bonds, notes, or debt instruments;
5404	pledge or sell assessments, market equalization surcharges and
5405	other surcharges, rights, premiums, contractual rights,
5406	projected recoveries from the Florida Hurricane Catastrophe
5407	Fund, other reinsurance recoverables, and other assets as
5408	security for such bonds, notes, or debt instruments; enter into
5409	any contracts or agreements necessary or proper to accomplish
5410	such borrowings; and take other actions necessary to carry out
5411	the purposes of this subsection. The association may issue bonds
5412	or incur other indebtedness, or have bonds issued on its behalf
5413	by a unit of local government pursuant to subparagraph (6)(p)2.
5414	(6)(g)2., in the absence of a hurricane or other weather-related
5415	event, upon a determination by the association subject to
5416	approval by the department that such action would enable it to
5417	efficiently meet the financial obligations of the association
5418	and that such financings are reasonably necessary to effectuate
5419	the requirements of this subsection. Any such entity may
5420	accumulate reserves and retain surpluses as of the end of any
5421	association year to provide for the payment of losses incurred
5422	by the association during that year or any future year. The
5423	association shall incorporate and continue the plan of operation
5424	and articles of agreement in effect on the effective date of
5425	chapter 76-96, Laws of Florida, to the extent that it is not
5426	inconsistent with chapter 76-96, and as subsequently modified
5427	consistent with chapter 76-96. The board of directors and
5428	officers currently serving shall continue to serve until their
5429	successors are duly qualified as provided under the plan. The
5430	assets and obligations of the plan in effect immediately prior
5431	to the effective date of chapter 76-96 shall be construed to be
5432	the assets and obligations of the successor plan created herein.
5433	c.  In recognition of s. 10, Art. I of the State
5434	Constitution, prohibiting the impairment of obligations of
5435	contracts, it is the intent of the Legislature that no action be
5436	taken whose purpose is to impair any bond indenture or financing
5437	agreement or any revenue source committed by contract to such
5438	bond or other indebtedness issued or incurred by the association
5439	or any other entity created under this subsection.
5440	7.  On such coverage, an agent's remuneration shall be that
5441	amount of money payable to the agent by the terms of his or her
5442	contract with the company with which the business is placed.
5443	However, no commission will be paid on that portion of the
5444	premium which is in excess of the standard premium of that
5445	company.
5446	8.  Subject to approval by the department, the association
5447	may establish different eligibility requirements and operational
5448	procedures for any line or type of coverage for any specified
5449	eligible area or portion of an eligible area if the board
5450	determines that such changes to the eligibility requirements and
5451	operational procedures are justified due to the voluntary market
5452	being sufficiently stable and competitive in such area or for
5453	such line or type of coverage and that consumers who, in good
5454	faith, are unable to obtain insurance through the voluntary
5455	market through ordinary methods would continue to have access to
5456	coverage from the association. When coverage is sought in
5457	connection with a real property transfer, such requirements and
5458	procedures shall not provide for an effective date of coverage
5459	later than the date of the closing of the transfer as
5460	established by the transferor, the transferee, and, if
5461	applicable, the lender.
5462	9.  Notwithstanding any other provision of law:
5463	a.  The pledge or sale of, the lien upon, and the security
5464	interest in any rights, revenues, or other assets of the
5465	association created or purported to be created pursuant to any
5466	financing documents to secure any bonds or other indebtedness of
5467	the association shall be and remain valid and enforceable,
5468	notwithstanding the commencement of and during the continuation
5469	of, and after, any rehabilitation, insolvency, liquidation,
5470	bankruptcy, receivership, conservatorship, reorganization, or
5471	similar proceeding against the association under the laws of
5472	this state or any other applicable laws.
5473	b.  No such proceeding shall relieve the association of its
5474	obligation, or otherwise affect its ability to perform its
5475	obligation, to continue to collect, or levy and collect,
5476	assessments, market equalization or other surcharges, projected
5477	recoveries from the Florida Hurricane Catastrophe Fund,
5478	reinsurance recoverables, or any other rights, revenues, or
5479	other assets of the association pledged.
5480	c.  Each such pledge or sale of, lien upon, and security
5481	interest in, including the priority of such pledge, lien, or
5482	security interest, any such assessments, emergency assessments,
5483	market equalization or renewal surcharges, projected recoveries
5484	from the Florida Hurricane Catastrophe Fund, reinsurance
5485	recoverables, or other rights, revenues, or other assets which
5486	are collected, or levied and collected, after the commencement
5487	of and during the pendency of or after any such proceeding shall
5488	continue unaffected by such proceeding.
5489	d.  As used in this subsection, the term "financing
5490	documents" means any agreement, instrument, or other document
5491	now existing or hereafter created evidencing any bonds or other
5492	indebtedness of the association or pursuant to which any such
5493	bonds or other indebtedness has been or may be issued and
5494	pursuant to which any rights, revenues, or other assets of the
5495	association are pledged or sold to secure the repayment of such
5496	bonds or indebtedness, together with the payment of interest on
5497	such bonds or such indebtedness, or the payment of any other
5498	obligation of the association related to such bonds or
5499	indebtedness.
5500	e.  Any such pledge or sale of assessments, revenues,
5501	contract rights or other rights or assets of the association
5502	shall constitute a lien and security interest, or sale, as the
5503	case may be, that is immediately effective and attaches to such
5504	assessments, revenues, contract, or other rights or assets,
5505	whether or not imposed or collected at the time the pledge or
5506	sale is made. Any such pledge or sale is effective, valid,
5507	binding, and enforceable against the association or other entity
5508	making such pledge or sale, and valid and binding against and
5509	superior to any competing claims or obligations owed to any
5510	other person or entity, including policyholders in this state,
5511	asserting rights in any such assessments, revenues, contract, or
5512	other rights or assets to the extent set forth in and in
5513	accordance with the terms of the pledge or sale contained in the
5514	applicable financing documents, whether or not any such person
5515	or entity has notice of such pledge or sale and without the need
5516	for any physical delivery, recordation, filing, or other action.
5517	f.  There shall be no liability on the part of, and no
5518	cause of action of any nature shall arise against, any member
5519	insurer or its agents or employees, agents or employees of the
5520	association, members of the board of directors of the
5521	association, or the department or its representatives, for any
5522	action taken by them in the performance of their duties or
5523	responsibilities under this subsection. Such immunity does not
5524	apply to actions for breach of any contract or agreement
5525	pertaining to insurance, or any willful tort.
5526	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
5527	(c)  The plan of operation of the corporation:
5528	1.  Must provide for adoption of residential property and
5529	casualty insurance policy forms and commercial residential and
5530	nonresidential property insurance forms, which forms must be
5531	approved by the office prior to use. The corporation shall adopt
5532	the following policy forms:
5533	a.  Standard personal lines policy forms that are
5534	comprehensive multiperil policies providing full coverage of a
5535	residential property equivalent to the coverage provided in the
5536	private insurance market under an HO-3, HO-4, or HO-6 policy.
5537	b.  Basic personal lines policy forms that are policies
5538	similar to an HO-8 policy or a dwelling fire policy that provide
5539	coverage meeting the requirements of the secondary mortgage
5540	market, but which coverage is more limited than the coverage
5541	under a standard policy.
5542	c.  Commercial lines residential and nonresidential policy
5543	forms that are generally similar to the basic perils of full
5544	coverage obtainable for commercial residential structures and
5545	commercial nonresidential structures in the admitted voluntary
5546	market.
5547	d.  Personal lines and commercial lines residential
5548	property insurance forms that cover the peril of wind only. The
5549	forms are applicable only to residential properties located in
5550	areas eligible for coverage under the high-risk account referred
5551	to in sub-subparagraph (b)2.a.
5552	e.  Commercial lines nonresidential property insurance
5553	forms that cover the peril of wind only. The forms are
5554	applicable only to nonresidential properties located in areas
5555	eligible for coverage under the high-risk account referred to in
5556	sub-subparagraph (b)2.a.
5557	f.  The corporation may adopt variations of the policy
5558	forms listed in sub-subparagraphs a.-e. that contain more
5559	restrictive coverage.
5560	2.a.  Must provide that the corporation adopt a program in
5561	which the corporation and authorized insurers enter into quota
5562	share primary insurance agreements for hurricane coverage, as
5563	defined in s. 627.4025(2)(a), for eligible risks, and adopt
5564	property insurance forms for eligible risks which cover the
5565	peril of wind only. As used in this subsection, the term:
5566	(I)  "Quota share primary insurance" means an arrangement
5567	in which the primary hurricane coverage of an eligible risk is
5568	provided in specified percentages by the corporation and an
5569	authorized insurer. The corporation and authorized insurer are
5570	each solely responsible for a specified percentage of hurricane
5571	coverage of an eligible risk as set forth in a quota share
5572	primary insurance agreement between the corporation and an
5573	authorized insurer and the insurance contract. The
5574	responsibility of the corporation or authorized insurer to pay
5575	its specified percentage of hurricane losses of an eligible
5576	risk, as set forth in the quota share primary insurance
5577	agreement, may not be altered by the inability of the other
5578	party to the agreement to pay its specified percentage of
5579	hurricane losses. Eligible risks that are provided hurricane
5580	coverage through a quota share primary insurance arrangement
5581	must be provided policy forms that set forth the obligations of
5582	the corporation and authorized insurer under the arrangement,
5583	clearly specify the percentages of quota share primary insurance
5584	provided by the corporation and authorized insurer, and
5585	conspicuously and clearly state that neither the authorized
5586	insurer nor the corporation may be held responsible beyond its
5587	specified percentage of coverage of hurricane losses.
5588	(II)  "Eligible risks" means personal lines residential and
5589	commercial lines residential risks that meet the underwriting
5590	criteria of the corporation and are located in areas that were
5591	eligible for coverage by the Florida Windstorm Underwriting
5592	Association on January 1, 2002.
5593	b.  The corporation may enter into quota share primary
5594	insurance agreements with authorized insurers at corporation
5595	coverage levels of 90 percent and 50 percent.
5596	c.  If the corporation determines that additional coverage
5597	levels are necessary to maximize participation in quota share
5598	primary insurance agreements by authorized insurers, the
5599	corporation may establish additional coverage levels. However,
5600	the corporation's quota share primary insurance coverage level
5601	may not exceed 90 percent.
5602	d.  Any quota share primary insurance agreement entered
5603	into between an authorized insurer and the corporation must
5604	provide for a uniform specified percentage of coverage of
5605	hurricane losses, by county or territory as set forth by the
5606	corporation board, for all eligible risks of the authorized
5607	insurer covered under the quota share primary insurance
5608	agreement.
5609	e.  Any quota share primary insurance agreement entered
5610	into between an authorized insurer and the corporation is
5611	subject to review and approval by the office. However, such
5612	agreement shall be authorized only as to insurance contracts
5613	entered into between an authorized insurer and an insured who is
5614	already insured by the corporation for wind coverage.
5615	f.  For all eligible risks covered under quota share
5616	primary insurance agreements, the exposure and coverage levels
5617	for both the corporation and authorized insurers shall be
5618	reported by the corporation to the Florida Hurricane Catastrophe
5619	Fund. For all policies of eligible risks covered under quota
5620	share primary insurance agreements, the corporation and the
5621	authorized insurer shall maintain complete and accurate records
5622	for the purpose of exposure and loss reimbursement audits as
5623	required by Florida Hurricane Catastrophe Fund rules. The
5624	corporation and the authorized insurer shall each maintain
5625	duplicate copies of policy declaration pages and supporting
5626	claims documents.
5627	g.  The corporation board shall establish in its plan of
5628	operation standards for quota share agreements which ensure that
5629	there is no discriminatory application among insurers as to the
5630	terms of quota share agreements, pricing of quota share
5631	agreements, incentive provisions if any, and consideration paid
5632	for servicing policies or adjusting claims.
5633	h.  The quota share primary insurance agreement between the
5634	corporation and an authorized insurer must set forth the
5635	specific terms under which coverage is provided, including, but
5636	not limited to, the sale and servicing of policies issued under
5637	the agreement by the insurance agent of the authorized insurer
5638	producing the business, the reporting of information concerning
5639	eligible risks, the payment of premium to the corporation, and
5640	arrangements for the adjustment and payment of hurricane claims
5641	incurred on eligible risks by the claims adjuster and personnel
5642	of the authorized insurer. Entering into a quota sharing
5643	insurance agreement between the corporation and an authorized
5644	insurer shall be voluntary and at the discretion of the
5645	authorized insurer.
5646	3.  May provide that the corporation may employ or
5647	otherwise contract with individuals or other entities to provide
5648	administrative or professional services that may be appropriate
5649	to effectuate the plan. The corporation shall have the power to
5650	borrow funds, by issuing bonds or by incurring other
5651	indebtedness, and shall have other powers reasonably necessary
5652	to effectuate the requirements of this subsection, including,
5653	without limitation, the power to issue bonds and incur other
5654	indebtedness in order to refinance outstanding bonds or other
5655	indebtedness. The corporation may, but is not required to, seek
5656	judicial validation of its bonds or other indebtedness under
5657	chapter 75. The corporation may issue bonds or incur other
5658	indebtedness, or have bonds issued on its behalf by a unit of
5659	local government pursuant to subparagraph (p)2. (g)2., in the
5660	absence of a hurricane or other weather-related event, upon a
5661	determination by the corporation, subject to approval by the
5662	office, that such action would enable it to efficiently meet the
5663	financial obligations of the corporation and that such
5664	financings are reasonably necessary to effectuate the
5665	requirements of this subsection. The corporation is authorized
5666	to take all actions needed to facilitate tax-free status for any
5667	such bonds or indebtedness, including formation of trusts or
5668	other affiliated entities. The corporation shall have the
5669	authority to pledge assessments, projected recoveries from the
5670	Florida Hurricane Catastrophe Fund, other reinsurance
5671	recoverables, market equalization and other surcharges, and
5672	other funds available to the corporation as security for bonds
5673	or other indebtedness. In recognition of s. 10, Art. I of the
5674	State Constitution, prohibiting the impairment of obligations of
5675	contracts, it is the intent of the Legislature that no action be
5676	taken whose purpose is to impair any bond indenture or financing
5677	agreement or any revenue source committed by contract to such
5678	bond or other indebtedness.
5679	4.a.  Must require that the corporation operate subject to
5680	the supervision and approval of a board of governors consisting
5681	of eight individuals who are residents of this state, from
5682	different geographical areas of this state. The Governor, the
5683	Chief Financial Officer, the President of the Senate, and the
5684	Speaker of the House of Representatives shall each appoint two
5685	members of the board. At least one of the two members appointed
5686	by each appointing officer must have demonstrated expertise in
5687	insurance. The Chief Financial Officer shall designate one of
5688	the appointees as chair. All board members serve at the pleasure
5689	of the appointing officer. All members of the board of governors
5690	are subject to removal at will by the officers who appointed
5691	them. All board members, including the chair, must be appointed
5692	to serve for 3-year terms beginning annually on a date
5693	designated by the plan. Any board vacancy shall be filled for
5694	the unexpired term by the appointing officer. The Chief
5695	Financial Officer shall appoint a technical advisory group to
5696	provide information and advice to the board of governors in
5697	connection with the board's duties under this subsection. The
5698	executive director and senior managers of the corporation shall
5699	be engaged by the board and serve at the pleasure of the board.
5700	Any executive director appointed on or after July 1, 2006, is
5701	subject to confirmation by the Senate. The executive director is
5702	responsible for employing other staff as the corporation may
5703	require, subject to review and concurrence by the board.
5704	b.  The board shall create a Market Accountability Advisory
5705	Committee to assist the corporation in developing awareness of
5706	its rates and its customer and agent service levels in
5707	relationship to the voluntary market insurers writing similar
5708	coverage. The members of the advisory committee shall consist of
5709	the following 11 persons, one of whom must be elected chair by
5710	the members of the committee: four representatives, one
5711	appointed by the Florida Association of Insurance Agents, one by
5712	the Florida Association of Insurance and Financial Advisors, one
5713	by the Professional Insurance Agents of Florida, and one by the
5714	Latin American Association of Insurance Agencies; three
5715	representatives appointed by the insurers with the three highest
5716	voluntary market share of residential property insurance
5717	business in the state; one representative from the Office of
5718	Insurance Regulation; one consumer appointed by the board who is
5719	insured by the corporation at the time of appointment to the
5720	committee; one representative appointed by the Florida
5721	Association of Realtors; and one representative appointed by the
5722	Florida Bankers Association. All members must serve for 3-year
5723	terms and may serve for consecutive terms. The committee shall
5724	report to the corporation at each board meeting on insurance
5725	market issues which may include rates and rate competition with
5726	the voluntary market; service, including policy issuance, claims
5727	processing, and general responsiveness to policyholders,
5728	applicants, and agents; and matters relating to depopulation.
5729	5.  Must provide a procedure for determining the
5730	eligibility of a risk for coverage, as follows:
5731	a.  Subject to the provisions of s. 627.3517, with respect
5732	to personal lines residential risks, if the risk is offered
5733	coverage from an authorized insurer at the insurer's approved
5734	rate under either a standard policy including wind coverage or,
5735	if consistent with the insurer's underwriting rules as filed
5736	with the office, a basic policy including wind coverage, for a
5737	new application to the corporation for coverage, the risk is not
5738	eligible for any policy issued by the corporation unless the
5739	premium for coverage from the authorized insurer is more than 25
5740	percent greater than the premium for comparable coverage from
5741	the corporation. If the risk is not able to obtain any such
5742	offer, the risk is eligible for either a standard policy
5743	including wind coverage or a basic policy including wind
5744	coverage issued by the corporation; however, if the risk could
5745	not be insured under a standard policy including wind coverage
5746	regardless of market conditions, the risk shall be eligible for
5747	a basic policy including wind coverage unless rejected under
5748	subparagraph 9. 8. However, with regard to a policyholder of the
5749	corporation, the policyholder remains eligible for coverage from
5750	the corporation regardless of any offer of coverage from an
5751	authorized insurer or surplus lines insurer. The corporation
5752	shall determine the type of policy to be provided on the basis
5753	of objective standards specified in the underwriting manual and
5754	based on generally accepted underwriting practices.
5755	(I)  If the risk accepts an offer of coverage through the
5756	market assistance plan or an offer of coverage through a
5757	mechanism established by the corporation before a policy is
5758	issued to the risk by the corporation or during the first 30
5759	days of coverage by the corporation, and the producing agent who
5760	submitted the application to the plan or to the corporation is
5761	not currently appointed by the insurer, the insurer shall:
5762	(A)  Pay to the producing agent of record of the policy,
5763	for the first year, an amount that is the greater of the
5764	insurer's usual and customary commission for the type of policy
5765	written or a fee equal to the usual and customary commission of
5766	the corporation; or
5767	(B)  Offer to allow the producing agent of record of the
5768	policy to continue servicing the policy for a period of not less
5769	than 1 year and offer to pay the agent the greater of the
5770	insurer's or the corporation's usual and customary commission
5771	for the type of policy written.
5772
5773	If the producing agent is unwilling or unable to accept
5774	appointment, the new insurer shall pay the agent in accordance
5775	with sub-sub-sub-subparagraph (A).
5776	(II)  When the corporation enters into a contractual
5777	agreement for a take-out plan, the producing agent of record of
5778	the corporation policy is entitled to retain any unearned
5779	commission on the policy, and the insurer shall:
5780	(A)  Pay to the producing agent of record of the
5781	corporation policy, for the first year, an amount that is the
5782	greater of the insurer's usual and customary commission for the
5783	type of policy written or a fee equal to the usual and customary
5784	commission of the corporation; or
5785	(B)  Offer to allow the producing agent of record of the
5786	corporation policy to continue servicing the policy for a period
5787	of not less than 1 year and offer to pay the agent the greater
5788	of the insurer's or the corporation's usual and customary
5789	commission for the type of policy written.
5790
5791	If the producing agent is unwilling or unable to accept
5792	appointment, the new insurer shall pay the agent in accordance
5793	with sub-sub-sub-subparagraph (A).
5794	b.  With respect to commercial lines residential risks, for
5795	a new application to the corporation for coverage, if the risk
5796	is offered coverage under a policy including wind coverage from
5797	an authorized insurer at its approved rate, the risk is not
5798	eligible for any policy issued by the corporation unless the
5799	premium for coverage from the authorized insurer is more than 25
5800	percent greater than the premium for comparable coverage from
5801	the corporation. If the risk is not able to obtain any such
5802	offer, the risk is eligible for a policy including wind coverage
5803	issued by the corporation. However, with regard to a
5804	policyholder of the corporation, the policyholder remains
5805	eligible for coverage from the corporation regardless of any
5806	offer of coverage from an authorized insurer or surplus lines
5807	insurer.
5808	(I)  If the risk accepts an offer of coverage through the
5809	market assistance plan or an offer of coverage through a
5810	mechanism established by the corporation before a policy is
5811	issued to the risk by the corporation or during the first 30
5812	days of coverage by the corporation, and the producing agent who
5813	submitted the application to the plan or the corporation is not
5814	currently appointed by the insurer, the insurer shall:
5815	(A)  Pay to the producing agent of record of the policy,
5816	for the first year, an amount that is the greater of the
5817	insurer's usual and customary commission for the type of policy
5818	written or a fee equal to the usual and customary commission of
5819	the corporation; or
5820	(B)  Offer to allow the producing agent of record of the
5821	policy to continue servicing the policy for a period of not less
5822	than 1 year and offer to pay the agent the greater of the
5823	insurer's or the corporation's usual and customary commission
5824	for the type of policy written.
5825
5826	If the producing agent is unwilling or unable to accept
5827	appointment, the new insurer shall pay the agent in accordance
5828	with sub-sub-sub-subparagraph (A).
5829	(II)  When the corporation enters into a contractual
5830	agreement for a take-out plan, the producing agent of record of
5831	the corporation policy is entitled to retain any unearned
5832	commission on the policy, and the insurer shall:
5833	(A)  Pay to the producing agent of record of the
5834	corporation policy, for the first year, an amount that is the
5835	greater of the insurer's usual and customary commission for the
5836	type of policy written or a fee equal to the usual and customary
5837	commission of the corporation; or
5838	(B)  Offer to allow the producing agent of record of the
5839	corporation policy to continue servicing the policy for a period
5840	of not less than 1 year and offer to pay the agent the greater
5841	of the insurer's or the corporation's usual and customary
5842	commission for the type of policy written.
5843
5844	If the producing agent is unwilling or unable to accept
5845	appointment, the new insurer shall pay the agent in accordance
5846	with sub-sub-sub-subparagraph (A).
5847	6.  Must provide by July 1, 2007, that an application for
5848	coverage for a new policy is subject to a waiting period of 10
5849	days before coverage is effective, during which time the
5850	corporation shall make such application available for review by
5851	general lines agents and authorized property and casualty
5852	insurers. The board shall approve an exception that allows for
5853	coverage to be effective before the end of the 10-day waiting
5854	period, for coverage issued in conjunction with a real estate
5855	closing. The board may approve such other exceptions as the
5856	board determines are necessary to prevent lapses in coverage.
5857	7.  Must include rules for classifications of risks and
5858	rates therefor.
5859	8.  Must provide that if premium and investment income for
5860	an account attributable to a particular calendar year are in
5861	excess of projected losses and expenses for the account
5862	attributable to that year, such excess shall be held in surplus
5863	in the account. Such surplus shall be available to defray
5864	deficits in that account as to future years and shall be used
5865	for that purpose prior to assessing assessable insurers and
5866	assessable insureds as to any calendar year.
5867	9.  Must provide objective criteria and procedures to be
5868	uniformly applied for all applicants in determining whether an
5869	individual risk is so hazardous as to be uninsurable. In making
5870	this determination and in establishing the criteria and
5871	procedures, the following shall be considered:
5872	a.  Whether the likelihood of a loss for the individual
5873	risk is substantially higher than for other risks of the same
5874	class; and
5875	b.  Whether the uncertainty associated with the individual
5876	risk is such that an appropriate premium cannot be determined.
5877
5878	The acceptance or rejection of a risk by the corporation shall
5879	be construed as the private placement of insurance, and the
5880	provisions of chapter 120 shall not apply.
5881	10.  Must provide that the corporation shall make its best
5882	efforts to procure catastrophe reinsurance at reasonable rates,
5883	to cover its projected 100-year probable maximum loss as
5884	determined by the board of governors.
5885	11.  Must provide that in the event of regular deficit
5886	assessments under sub-subparagraph (b)3.a. or sub-subparagraph
5887	(b)3.b., in the personal lines account, the commercial lines
5888	residential account, or the high-risk account, the corporation
5889	shall levy upon corporation policyholders in its next rate
5890	filing, or by a separate rate filing solely for this purpose, a
5891	Citizens policyholder surcharge arising from a regular
5892	assessment in such account in a percentage equal to the total
5893	amount of such regular assessments divided by the aggregate
5894	statewide direct written premium for subject lines of business
5895	for the prior calendar year. For purposes of calculating the
5896	Citizens policyholder surcharge to be levied under this
5897	subparagraph, the total amount of the regular assessment to
5898	which this surcharge is related shall be determined as set forth
5899	in subparagraph (b)3., without deducting the estimated Citizens
5900	policyholder surcharge. Citizens policyholder surcharges under
5901	this subparagraph are not considered premium and are not subject
5902	to commissions, fees, or premium taxes; however, failure to pay
5903	a market equalization surcharge shall be treated as failure to
5904	pay premium.
5905	12.  The policies issued by the corporation must provide
5906	that, if the corporation or the market assistance plan obtains
5907	an offer from an authorized insurer to cover the risk at its
5908	approved rates, the risk is no longer eligible for renewal
5909	through the corporation, except as otherwise provided in this
5910	subsection.
5911	13.  Corporation policies and applications must include a
5912	notice that the corporation policy could, under this section, be
5913	replaced with a policy issued by an authorized insurer that does
5914	not provide coverage identical to the coverage provided by the
5915	corporation. The notice shall also specify that acceptance of
5916	corporation coverage creates a conclusive presumption that the
5917	applicant or policyholder is aware of this potential.
5918	14.  May establish, subject to approval by the office,
5919	different eligibility requirements and operational procedures
5920	for any line or type of coverage for any specified county or
5921	area if the board determines that such changes to the
5922	eligibility requirements and operational procedures are
5923	justified due to the voluntary market being sufficiently stable
5924	and competitive in such area or for such line or type of
5925	coverage and that consumers who, in good faith, are unable to
5926	obtain insurance through the voluntary market through ordinary
5927	methods would continue to have access to coverage from the
5928	corporation. When coverage is sought in connection with a real
5929	property transfer, such requirements and procedures shall not
5930	provide for an effective date of coverage later than the date of
5931	the closing of the transfer as established by the transferor,
5932	the transferee, and, if applicable, the lender.
5933	15.  Must provide that, with respect to the high-risk
5934	account, any assessable insurer with a surplus as to
5935	policyholders of $25 million or less writing 25 percent or more
5936	of its total countrywide property insurance premiums in this
5937	state may petition the office, within the first 90 days of each
5938	calendar year, to qualify as a limited apportionment company. A
5939	regular assessment levied by the corporation on a limited
5940	apportionment company for a deficit incurred by the corporation
5941	for the high-risk account in 2006 or thereafter may be paid to
5942	the corporation on a monthly basis as the assessments are
5943	collected by the limited apportionment company from its insureds
5944	pursuant to s. 627.3512, but the regular assessment must be paid
5945	in full within 12 months after being levied by the corporation.
5946	A limited apportionment company shall collect from its
5947	policyholders any emergency assessment imposed under sub-
5948	subparagraph (b)3.d. The plan shall provide that, if the office
5949	determines that any regular assessment will result in an
5950	impairment of the surplus of a limited apportionment company,
5951	the office may direct that all or part of such assessment be
5952	deferred as provided in subparagraph (p)4. (g)4. However, there
5953	shall be no limitation or deferment of an emergency assessment
5954	to be collected from policyholders under sub-subparagraph
5955	(b)3.d.
5956	16.  Must provide that the corporation appoint as its
5957	licensed agents only those agents who also hold an appointment
5958	as defined in s. 626.015(3) with an insurer who at the time of
5959	the agent's initial appointment by the corporation is authorized
5960	to write and is actually writing personal lines residential
5961	property coverage, commercial residential property coverage, or
5962	commercial nonresidential property coverage within the state.
5963	17.  Must provide, by July 1, 2007, a premium payment plan
5964	option to its policyholders which allows for quarterly and
5965	semiannual payment of premiums.
5966	18.  Must provide, effective June 1, 2007, that the
5967	corporation contract with each insurer providing the non-wind
5968	coverage for risks insured by the corporation in the high-risk
5969	account, requiring that the insurer provide claims adjusting
5970	services for the wind coverage provided by the corporation for
5971	such risks. An insurer is required to enter into this contract
5972	as a condition of providing non-wind coverage for a risk that is
5973	insured by the corporation in the high-risk account unless the
5974	board finds, after a hearing, that the insurer is not capable of
5975	providing adjusting services at an acceptable level of quality
5976	to corporation policyholders. The terms and conditions of such
5977	contracts must be substantially the same as the contracts that
5978	the corporation executed with insurers under the "adjust-your-
5979	own" program in 2006, except as may be mutually agreed to by the
5980	parties and except for such changes that the board determines
5981	are necessary to ensure that claims are adjusted appropriately.
5982	The corporation shall provide a process for neutral arbitration
5983	of any dispute between the corporation and the insurer regarding
5984	the terms of the contract. The corporation shall review and
5985	monitor the performance of insurers under these contracts.
5986	19.  Must limit coverage on mobile homes or manufactured
5987	homes built prior to 1994 to actual cash value of the dwelling
5988	rather than replacement costs of the dwelling.
5989	20.  May provide such limits of coverage as the board
5990	determines, consistent with the requirements of this subsection.
5991	21.  May require commercial property to meet specified
5992	hurricane mitigation construction features as a condition of
5993	eligibility for coverage.
5994	(d)1.  All prospective employees for senior management
5995	positions, as defined by the plan of operation, are subject to
5996	background checks as a prerequisite for employment. The office
5997	shall conduct background checks on such prospective employees
5998	pursuant to ss. 624.34, 624.404(3), and 628.261.
5999	2.  On or before July 1 of each year, employees of the
6000	corporation are required to sign and submit a statement
6001	attesting that they do not have a conflict of interest, as
6002	defined in part III of chapter 112. As a condition of
6003	employment, all prospective employees are required to sign and
6004	submit to the corporation a conflict-of-interest statement.
6005	3.  Senior managers and members of the board of governors
6006	are subject to the provisions of part III of chapter 112,
6007	including, but not limited to, the code of ethics and public
6008	disclosure and reporting of financial interests, pursuant to s.
6009	112.3145. Senior managers and board members are also required to
6010	file such disclosures with the Office of Insurance Regulation.
6011	The executive director of the corporation or his or her designee
6012	shall notify each newly appointed and existing appointed member
6013	of the board of governors and senior managers of their duty to
6014	comply with the reporting requirements of part III of chapter
6015	112. At least quarterly, the executive director or his or her
6016	designee shall submit to the Commission on Ethics a list of
6017	names of the senior managers and members of the board of
6018	governors who that are subject to the public disclosure
6019	requirements under s. 112.3145.
6020	4.  Notwithstanding s. 112.3148 or s. 112.3149, or any
6021	other provision of law, an employee or board member may not
6022	knowingly accept, directly or indirectly, any gift or
6023	expenditure from a person or entity, or an employee or
6024	representative of such person or entity, that has a contractual
6025	relationship with the corporation or who is under consideration
6026	for a contract. An employee or board member who that fails to
6027	comply with this subparagraph is subject to penalties provided
6028	under ss. 112.317 and 112.3173.
6029	5.  Any senior manager of the corporation who is employed
6030	on or after January 1, 2007, regardless of the date of hire, who
6031	subsequently retires or terminates employment is prohibited from
6032	representing another person or entity before the corporation for
6033	2 years after retirement or termination of employment from the
6034	corporation.
6035	6.  Any employee of the corporation who is employed on or
6036	after January 1, 2007, regardless of the date of hire, who
6037	subsequently retires or terminates employment is prohibited from
6038	having any employment or contractual relationship for 2 years
6039	with an insurer that has received a take-out bonus from the
6040	corporation.
6041	(n)  If coverage in an account is deactivated pursuant to
6042	paragraph (o)(f), coverage through the corporation shall be
6043	reactivated by order of the office only under one of the
6044	following circumstances:
6045	1.  If the market assistance plan receives a minimum of 100
6046	applications for coverage within a 3-month period, or 200
6047	applications for coverage within a 1-year period or less for
6048	residential coverage, unless the market assistance plan provides
6049	a quotation from admitted carriers at their filed rates for at
6050	least 90 percent of such applicants. Any market assistance plan
6051	application that is rejected because an individual risk is so
6052	hazardous as to be uninsurable using the criteria specified in
6053	subparagraph (c)9. (c)8. shall not be included in the minimum
6054	percentage calculation provided herein. In the event that there
6055	is a legal or administrative challenge to a determination by the
6056	office that the conditions of this subparagraph have been met
6057	for eligibility for coverage in the corporation, any eligible
6058	risk may obtain coverage during the pendency of such challenge.
6059	2.  In response to a state of emergency declared by the
6060	Governor under s. 252.36, the office may activate coverage by
6061	order for the period of the emergency upon a finding by the
6062	office that the emergency significantly affects the availability
6063	of residential property insurance.
6064	(v)  Notwithstanding any other provision of law:
6065	1.  The pledge or sale of, the lien upon, and the security
6066	interest in any rights, revenues, or other assets of the
6067	corporation created or purported to be created pursuant to any
6068	financing documents to secure any bonds or other indebtedness of
6069	the corporation shall be and remain valid and enforceable,
6070	notwithstanding the commencement of and during the continuation
6071	of, and after, any rehabilitation, insolvency, liquidation,
6072	bankruptcy, receivership, conservatorship, reorganization, or
6073	similar proceeding against the corporation under the laws of
6074	this state.
6075	2.  No such proceeding shall relieve the corporation of its
6076	obligation, or otherwise affect its ability to perform its
6077	obligation, to continue to collect, or levy and collect,
6078	assessments, market equalization or other surcharges under
6079	subparagraph (c)11. (c)10., or any other rights, revenues, or
6080	other assets of the corporation pledged pursuant to any
6081	financing documents.
6082	3.  Each such pledge or sale of, lien upon, and security
6083	interest in, including the priority of such pledge, lien, or
6084	security interest, any such assessments, market equalization or
6085	other surcharges, or other rights, revenues, or other assets
6086	which are collected, or levied and collected, after the
6087	commencement of and during the pendency of, or after, any such
6088	proceeding shall continue unaffected by such proceeding.  As
6089	used in this subsection, the term "financing documents" means
6090	any agreement or agreements, instrument or instruments, or other
6091	document or documents now existing or hereafter created
6092	evidencing any bonds or other indebtedness of the corporation or
6093	pursuant to which any such bonds or other indebtedness has been
6094	or may be issued and pursuant to which any rights, revenues, or
6095	other assets of the corporation are pledged or sold to secure
6096	the repayment of such bonds or indebtedness, together with the
6097	payment of interest on such bonds or such indebtedness, or the
6098	payment of any other obligation or financial product, as defined
6099	in the plan of operation of the corporation related to such
6100	bonds or indebtedness.
6101	4.  Any such pledge or sale of assessments, revenues,
6102	contract rights, or other rights or assets of the corporation
6103	shall constitute a lien and security interest, or sale, as the
6104	case may be, that is immediately effective and attaches to such
6105	assessments, revenues, or contract rights or other rights or
6106	assets, whether or not imposed or collected at the time the
6107	pledge or sale is made.  Any such pledge or sale is effective,
6108	valid, binding, and enforceable against the corporation or other
6109	entity making such pledge or sale, and valid and binding against
6110	and superior to any competing claims or obligations owed to any
6111	other person or entity, including policyholders in this state,
6112	asserting rights in any such assessments, revenues, or contract
6113	rights or other rights or assets to the extent set forth in and
6114	in accordance with the terms of the pledge or sale contained in
6115	the applicable financing documents, whether or not any such
6116	person or entity has notice of such pledge or sale and without
6117	the need for any physical delivery, recordation, filing, or
6118	other action.
6119	5.  As long as the corporation has any bonds outstanding,
6120	the corporation may not file a voluntary petition under chapter
6121	9 of the federal Bankruptcy Code or such corresponding chapter
6122	or sections as may be in effect, from time to time, and a public
6123	officer or any organization, entity, or other person may not
6124	authorize the corporation to be or become a debtor under chapter
6125	9 of the federal Bankruptcy Code or such corresponding chapter
6126	or sections as may be in effect, from time to time, during any
6127	such period.
6128	6.  If ordered by a court of competent jurisdiction, the
6129	corporation may assume policies or otherwise provide coverage
6130	for policyholders of an insurer placed in liquidation under
6131	chapter 631, under such forms, rates, terms, and conditions as
6132	the corporation deems appropriate, subject to approval by the
6133	office.
6134
6135	Reviser's note.--Amended to improve clarity and
6136	facilitate correct interpretation. Section 15, ch.
6137	2006-12, Laws of Florida, redesignated subunits within
6138	s. 627.351(6). Subparagraph (6)(g)2. was redesignated
6139	as subparagraph (6)(p)2. Subparagraph (6)(g)4. was
6140	redesignated as subparagraph (6)(p)4. Subparagraph
6141	(6)(c)8. was redesignated as subparagraph (6)(c)9.
6142	Subparagraph (6)(c)10. was redesignated as
6143	subparagraph (6)(c)11. Paragraph (6)(f) was
6144	redesignated as paragraph (6)(o). Paragraph (6)(d) is
6145	also amended to confirm the editorial substitution of
6146	the word "who" for the word "that" to conform to
6147	context.
6148
6149	Section 142.  Subsection (1) of section 627.6617, Florida
6150	Statutes, is amended to read:
6151	627.6617  Coverage for home health care services.--
6152	(1)  Any group health insurance policy providing coverage
6153	on an expense-incurred basis shall provide coverage for home
6154	health care by a home health care agency licensed pursuant to
6155	part III IV of chapter 400. Such coverage may be limited to home
6156	health care under a plan of treatment prescribed by a licensed
6157	physician.  Services may be performed by a registered graduate
6158	nurse, a licensed practical nurse, a physical therapist, a
6159	speech therapist, an occupational therapist, or a home health
6160	aide. Provisions for utilization review may be imposed, provided
6161	that similar provisions apply to all other types of health care
6162	services.
6163
6164	Reviser's note.--Amended to conform to the
6165	redesignation of former part III of chapter 400 as
6166	part I of chapter 429 by s. 2, ch. 2006-197, Laws of
6167	Florida, and the redesignation of part IV of chapter
6168	400 as part III of chapter 400 to conform.
6169
6170	Section 143.  Subsections (2) and (10) of section 633.0245,
6171	Florida Statutes, are amended to read:
6172	633.0245  State Fire Marshal Nursing Home Fire Protection
6173	Loan Guarantee Program.--
6174	(2)  The State Fire Marshal may enter into limited loan
6175	guarantee agreements with one or more financial institutions
6176	qualified as public depositories in this state. Such agreements
6177	shall provide a limited guarantee by the State of Florida
6178	covering no more than 50 percent of the principal sum loaned by
6179	such financial institution to an eligible nursing home, as
6180	defined in subsection (10), for the sole purpose of the initial
6181	installation at such nursing home of a fire protection system,
6182	as defined in s. 633.021(9) 633.021(8), approved by the State
6183	Fire Marshal as being in compliance with the provisions of s.
6184	633.022 and rules adopted thereunder.
6185	(10)  For purposes of this section, "eligible nursing home"
6186	means a nursing home facility that provides nursing services as
6187	defined in chapter 464, is licensed under part II of chapter
6188	400, and is certified by the Agency for Health Care
6189	Administration to lack an installed fire protection system as
6190	defined in s. 633.021(9) 633.021(8).
6191
6192	Reviser's note.--Amended to conform to the addition of
6193	a new s. 633.021(8) and the redesignation of following
6194	subunits by s. 8, ch. 2006-65, Laws of Florida.
6195
6196	Section 144.  Paragraph (d) of subsection (2) and
6197	subsection (3) of section 679.4031, Florida Statutes, are
6198	amended to read:
6199	679.4031  Agreement not to assert defenses against
6200	assignee.--
6201	(2)  Except as otherwise provided in this section, an
6202	agreement between an account debtor and an assignor not to
6203	assert against an assignee any claim or defense that the account
6204	debtor may have against the assignor is enforceable by an
6205	assignee that takes an assignment:
6206	(d)  Without notice of a defense or claim in recoupment of
6207	the type that may be asserted against a person entitled to
6208	enforce a negotiable instrument under s. 673.3051(1)
6209	673.3031(1).
6210	(3)  Subsection (2) does not apply to defenses of a type
6211	that may be asserted against a holder in due course of a
6212	negotiable instrument under s. 673.3051(2) 673.3031(2).
6213
6214	Reviser's note.--Amended to conform to context.
6215	Section 673.3031 relates to value and consideration;
6216	s. 673.3051 relates to defenses and claims in
6217	recoupment.
6218
6219	Section 145.  Paragraph (b) of subsection (3) of section
6220	679.707, Florida Statutes, is amended to read:
6221	679.707  Amendment or pre-effective date financing
6222	statement.--
6223	(3)  Except as otherwise provided in subsection (4), if the
6224	law of this state governs perfection of a security interest, the
6225	information in a pre-effective date financing statement may be
6226	amended after this act takes effect only if:
6227	(b)  An amendment is filed in the office specified in s.
6228	679.5011 concurrently with, or after the filing in that office
6229	of, an initial financing statement that satisfies s. 679.706(3)
6230	671.706(3); or
6231
6232	Reviser's note.--Amended to correct an erroneous
6233	reference. Section 671.706 does not exist; s.
6234	679.706(3) relates to initial financing statements.
6235
6236	Section 146.  Paragraph (b) of subsection (6) of section
6237	727.109, Florida Statutes, is amended to read:
6238	727.109  Power of the court.--The court shall have power
6239	to:
6240	(6)  Hear and determine any of the following actions
6241	brought by the assignee, which she or he is hereby empowered to
6242	maintain:
6243	(b)  Determine the validity, priority, and extent of a lien
6244	or other interests in assets of the estate, or to subordinate or
6245	avoid an unperfected security interest pursuant to the
6246	assignee's rights as a lien creditor under s. 679.3171 679.301;
6247
6248	Reviser's note.--Amended to conform to the repeal of
6249	s. 679.301 and the enactment of similar provisions in
6250	s. 679.3171 by s. 3, ch. 2001-198, Laws of Florida.
6251
6252	Section 147.  Effective July 1, 2007, paragraph (g) of
6253	subsection (2) of section 736.1001, Florida Statutes, is amended
6254	to read:
6255	736.1001  Remedies for breach of trust.--
6256	(2)  To remedy a breach of trust that has occurred or may
6257	occur, the court may:
6258	(g)  Remove the trustee as provided in s. 736.0706 736.706;
6259
6260	Reviser's note.--Amended to correct an erroneous
6261	reference. Section 736.706 does not exist; s. 736.0706
6262	relates to removal of the trustee.
6263
6264	Section 148.  Effective July 1, 2007, section 736.1209,
6265	Florida Statutes, is amended to read:
6266	736.1209  Election to come under this part.--With the
6267	consent of that organization or organizations, a trustee of a
6268	trust for the benefit of a public charitable organization or
6269	organizations may come under s. 736.1208(5) 736.0838(5) by
6270	filing with the state attorney an election, accompanied by the
6271	proof of required consent. Thereafter the trust shall be subject
6272	to s. 736.1208(5).
6273
6274	Reviser's note.--Amended to correct an erroneous
6275	reference. Section 736.0838 does not exist; s.
6276	736.1208(5) relates to release of a power to specify a
6277	specific donee by specifying a public charitable
6278	organization or organizations.
6279
6280	Section 149.  Subsection (3) of section 743.09, Florida
6281	Statutes, is amended to read:
6282	743.09  Removal of disabilities of minors; artistic or
6283	creative services; professional sports contracts; procedure for
6284	court approval; appointment of a guardian ad litem.--
6285	(3)  At any time after the filing of the petition, the
6286	court, if it deems it advisable, may appoint a guardian ad
6287	litem, pursuant to s. 744.3025 744.301, to represent the
6288	interests of the minor. The court shall appoint a guardian ad
6289	litem as to any contract where the parent or guardian will
6290	receive remuneration or financial gain from the performance of
6291	the contract or has any other conflict of interest with the
6292	minor as defined by s. 744.446.  The court, in determining
6293	whether a guardian ad litem should be appointed, may consider
6294	the following criteria:
6295	(a)  The length of time the exclusive services of the minor
6296	are required.
6297	(b)  Whether the gross earnings of the minor under the
6298	contract are either contingent or unknown.
6299	(c)  Whether the gross earnings of the minor under the
6300	contract are in excess of $15,000.
6301
6302	Reviser's note.--Amended to correct an erroneous
6303	reference. Section 744.301(4), relating to appointment
6304	of guardians ad litem, was repealed by s. 3, ch. 2006-
6305	178, Laws of Florida, and s. 4 of that law created s.
6306	744.3025, providing for appointment of guardians ad
6307	litem.
6308
6309	Section 150.  Paragraph (a) of subsection (4) and paragraph
6310	(b) of subsection (10) of section 775.21, Florida Statutes, are
6311	amended to read:
6312	775.21  The Florida Sexual Predators Act.--
6313	(4)  SEXUAL PREDATOR CRITERIA.--
6314	(a)  For a current offense committed on or after October 1,
6315	1993, upon conviction, an offender shall be designated as a
6316	"sexual predator" under subsection (5), and subject to
6317	registration under subsection (6) and community and public
6318	notification under subsection (7) if:
6319	1.  The felony is:
6320	a.  A capital, life, or first-degree felony violation, or
6321	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
6322	is a minor and the defendant is not the victim's parent, or of
6323	chapter 794, s. 800.04, or s. 847.0145, or a violation of a
6324	similar law of another jurisdiction; or
6325	b.  Any felony violation, or any attempt thereof, of s.
6326	787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
6327	minor and the defendant is not the victim's parent; chapter 794,
6328	excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035;
6329	s. 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0145; or s.
6330	985.701(1) 985.4045(1); or a violation of a similar law of
6331	another jurisdiction, and the offender has previously been
6332	convicted of or found to have committed, or has pled nolo
6333	contendere or guilty to, regardless of adjudication, any
6334	violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
6335	the victim is a minor and the defendant is not the victim's
6336	parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.
6337	796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
6338	847.0133; s. 847.0135; s. 847.0145; or s. 985.701(1)
6339	985.4045(1); or a violation of a similar law of another
6340	jurisdiction;
6341	2.  The offender has not received a pardon for any felony
6342	or similar law of another jurisdiction that is necessary for the
6343	operation of this paragraph; and
6344	3.  A conviction of a felony or similar law of another
6345	jurisdiction necessary to the operation of this paragraph has
6346	not been set aside in any postconviction proceeding.
6347	(10)  PENALTIES.--
6348	(b)  A sexual predator who has been convicted of or found
6349	to have committed, or has pled nolo contendere or guilty to,
6350	regardless of adjudication, any violation, or attempted
6351	violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
6352	the victim is a minor and the defendant is not the victim's
6353	parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.
6354	796.03; s. 796.035; s. 800.04; s. 827.071; s. 847.0133; s.
6355	847.0145; or s. 985.701(1) 985.4045(1); or a violation of a
6356	similar law of another jurisdiction when the victim of the
6357	offense was a minor, and who works, whether for compensation or
6358	as a volunteer, at any business, school, day care center, park,
6359	playground, or other place where children regularly congregate,
6360	commits a felony of the third degree, punishable as provided in
6361	s. 775.082, s. 775.083, or s. 775.084.
6362
6363	Reviser's note.--Amended to conform to the
6364	redesignation of s. 985.4045 as s. 985.701 by s. 98,
6365	ch. 2006-120, Laws of Florida; the references to s.
6366	985.4045(1) were added to s. 775.21 by s. 1, ch. 2006-
6367	200, Laws of Florida.
6368
6369	Section 151.  Subsection (1) of section 794.056, Florida
6370	Statutes, is amended to read:
6371	794.056  Rape Crisis Program Trust Fund.--
6372	(1)  The Rape Crisis Program Trust Fund is created within
6373	the Department of Health for the purpose of providing funds for
6374	rape crisis centers in this state. Trust fund moneys shall be
6375	used exclusively for the purpose of providing services for
6376	victims of sexual assault. Funds credited to the trust fund
6377	consist of those funds collected as an additional court
6378	assessment in each case in which a defendant pleads guilty or
6379	nolo contendere to, or is found guilty of, regardless of
6380	adjudication, an offense defined in s. 784.011, s. 784.021, s.
6381	784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s.
6382	784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085 785.085,
6383	or s. 794.011. Funds credited to the trust fund also shall
6384	include revenues provided by law, moneys appropriated by the
6385	Legislature, and grants from public or private entities.
6386
6387	Reviser's note.--Amended to correct an erroneous
6388	reference. Section 785.085 does not exist; s. 784.085
6389	provides for the offense of battery of a child by
6390	throwing, tossing, projecting, or expelling certain
6391	fluids or materials.
6392
6393	Section 152.  Section 817.36, Florida Statutes, is amended
6394	to read:
6395	817.36  Resale of tickets.--Whoever shall offer for resale
6396	or resell any ticket may only charge $1 above the admission
6397	price charged therefor by of the original ticket seller of said
6398	ticket for the following transactions:
6399	(1)  Passage or accommodations on any common carrier in
6400	this state; however, the provisions of this subsection shall not
6401	apply to travel agencies that have an established place of
6402	business in this state, which place of business is required to
6403	pay state, county, and city occupational license taxes.
6404	(2)  Multiday or multievent tickets to a park or
6405	entertainment complex or to a concert, entertainment event,
6406	permanent exhibition, or recreational activity within such a
6407	park or complex, including an entertainment/resort complex as
6408	defined in s. 561.01(18).
6409	(3)  Any tickets, other than the tickets in subsections (1)
6410	and (2), that are resold or offered through an Internet website,
6411	unless such website is authorized by the original ticket seller
6412	or makes and posts the following guarantees and disclosures
6413	through Internet web pages on which are visibly posted, or links
6414	to web pages on which are posted, text to which a prospective
6415	purchaser is directed before completion of the resale
6416	transaction:
6417	(a)  The website operator guarantees a full refund of the
6418	amount paid for the ticket including any servicing, handling, or
6419	processing fees, if such fees are not disclosed, when:
6420	1.  The ticketed event is canceled;
6421	2.  The purchaser is denied admission to the ticketed
6422	event, unless such denial is due to the action or omission of
6423	the purchaser;
6424	3.  The ticket is not delivered to the purchaser in the
6425	manner requested and pursuant to any delivery guarantees made by
6426	the reseller and such failure results in the purchaser's
6427	inability to attend the ticketed event.
6428	(b)  The website operator discloses that it is not the
6429	issuer, original seller, or reseller of the ticket or items and
6430	does not control the pricing of the ticket or items, which may
6431	be resold for more than their original value.
6432	(4)  Nothing in this section authorizes any individual or
6433	entity to sell or purchase tickets at any price on property
6434	where an event is being held without the prior express written
6435	consent of the owner of the property.
6436	(5)  Any sales tax due for resales under this section shall
6437	be remitted to the Department of Revenue in accordance with s.
6438	212.04.
6439
6440	Reviser's note.--Amended to confirm the editorial
6441	substitution of the word "by" for the word "of" to
6442	improve clarity.
6443
6444	Section 153.  Subsection (6) of section 827.06, Florida
6445	Statutes, is amended to read:
6446	827.06  Nonsupport of dependents.--
6447	(6)  It is the intent of the Legislature for the state
6448	attorneys, the Florida Prosecuting Attorneys Association, and
6449	the Department of Revenue to work collaboratively to identify
6450	strategies that allow the criminal penalties provided for in
6451	this section to be pursued in all appropriate cases, including,
6452	but not limited to, strategies that would assist the state
6453	attorneys in obtaining additional resources from available
6454	federal Title IV-D funds to initiate prosecution pursuant to
6455	this section. The Florida Prosecuting Attorneys Association and
6456	the Department of Revenue shall submit a joint report to the
6457	Governor, the President of the Senate, and the Speaker of the
6458	House of Representatives by December 31, 2005, that includes
6459	identified strategies and recommendations for implementing such
6460	strategies.
6461
6462	Reviser's note.--Amended to delete a provision that
6463	has served its purpose.
6464
6465	Section 154.  Paragraph (d) of subsection (2) of section
6466	847.001, Florida Statutes, is amended to read:
6467	847.001  Definitions.--As used in this chapter, the term:
6468	(2)  "Adult entertainment establishment" means the
6469	following terms as defined:
6470	(d)  "Unlicensed massage establishment" means any business
6471	or enterprise that offers, sells, or provides, or that holds
6472	itself out as offering, selling, or providing, massages that
6473	include bathing, physical massage, rubbing, kneading, anointing,
6474	stroking, manipulating, or other tactile stimulation of the
6475	human body by either male or female employees or attendants, by
6476	hand or by any electrical or mechanical device, on or off the
6477	premises. The term "unlicensed massage establishment" does not
6478	include an establishment licensed under s. 480.043 480.43 which
6479	routinely provides medical services by state-licensed health
6480	care practitioners and massage therapists licensed under s.
6481	480.041.
6482
6483	Reviser's note.--Amended to correct an erroneous
6484	reference. Section 480.43 does not exist; s. 480.043
6485	relates to licensure of massage establishments.
6486
6487	Section 155.  Subsection (1) of section 849.09, Florida
6488	Statutes, is amended to read:
6489	849.09  Lottery prohibited; exceptions.--
6490	(1)  It is unlawful for any person in this state to:
6491	(a)  Set up, promote, or conduct any lottery for money or
6492	for anything of value;
6493	(b)  Dispose of any money or other property of any kind
6494	whatsoever by means of any lottery;
6495	(c)  Conduct any lottery drawing for the distribution of a
6496	prize or prizes by lot or chance, or advertise any such lottery
6497	scheme or device in any newspaper or by circulars, posters,
6498	pamphlets, radio, telegraph, telephone, or otherwise;
6499	(d)  Aid or assist in the setting up, promoting, or
6500	conducting of any lottery or lottery drawing, whether by
6501	writing, printing, or in any other manner whatsoever, or be
6502	interested in or connected in any way with any lottery or
6503	lottery drawing;
6504	(e)  Attempt to operate, conduct, or advertise any lottery
6505	scheme or device;
6506	(f)  Have in her or his possession any lottery wheel,
6507	implement, or device whatsoever for conducting any lottery or
6508	scheme for the disposal by lot or chance of anything of value;
6509	(g)  Sell, offer for sale, or transmit, in person or by
6510	mail or in any other manner whatsoever, any lottery ticket,
6511	coupon, or share, or any share in or fractional part of any
6512	lottery ticket, coupon, or share, whether such ticket, coupon,
6513	or share represents an interest in a live lottery not yet played
6514	or whether it represents, or has represented, an interest in a
6515	lottery that has already been played;
6516	(h)  Have in her or his possession any lottery ticket, or
6517	any evidence of any share or right in any lottery ticket, or in
6518	any lottery scheme or device, whether such ticket or evidence of
6519	share or right represents an interest in a live lottery not yet
6520	played or whether it represents, or has represented, an interest
6521	in a lottery that has already been played;
6522	(i)  Aid or assist in the sale, disposal, or procurement of
6523	any lottery ticket, coupon, or share, or any right to any
6524	drawing in a lottery; or
6525	(j)  Have in her or his possession any lottery
6526	advertisement, circular, poster, or pamphlet, or any list or
6527	schedule of any lottery prizes, gifts, or drawings; or.
6528	(k)  Have in her or his possession any so-called "run down
6529	sheets," tally sheets, or other papers, records, instruments, or
6530	paraphernalia designed for use, either directly or indirectly,
6531	in, or in connection with, the violation of the laws of this
6532	state prohibiting lotteries and gambling.
6533
6534	Provided, that nothing in this section shall prohibit
6535	participation in any nationally advertised contest, drawing,
6536	game or puzzle of skill or chance for a prize or prizes unless
6537	it can be construed as a lottery under this section; and,
6538	provided further, that this exemption for national contests
6539	shall not apply to any such contest based upon the outcome or
6540	results of any horserace, harness race, dograce, or jai alai
6541	game.
6542
6543	Reviser's note.--Amended to conform to standard style
6544	relating to listing of elements in a series.
6545
6546	Section 156.  Subsection (2) of section 849.15, Florida
6547	Statutes, is amended to read:
6548	849.15  Manufacture, sale, possession, etc., of coin-
6549	operated devices prohibited.--
6550	(2)  Pursuant to section 2 of that chapter of the Congress
6551	of the United States entitled "An act to prohibit transportation
6552	of gaming devices in interstate and foreign commerce," approved
6553	January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
6554	designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
6555	acting by and through the duly elected and qualified members of
6556	its Legislature, does hereby in this section, and in accordance
6557	with and in compliance with the provisions of section 2 of such
6558	chapter of Congress, declare and proclaim that any county of the
6559	State of Florida within which slot machine gaming is authorized
6560	pursuant to chapter 551 is exempt from the provisions of section
6561	2 of that chapter of the Congress of the United States entitled
6562	"An act to prohibit transportation of gaming devices in
6563	interstate and foreign commerce," designated as 15 U.S.C. ss.
6564	1171-1177, approved January 2, 1951. All shipments of gaming
6565	devices, including slot machines, into any county of this state
6566	within which slot machine gaming is authorized pursuant to
6567	chapter 551 and the registering, recording, and labeling of
6568	which have been duly performed by the manufacturer or
6569	distributor thereof in accordance with sections 3 and 4 of that
6570	chapter of the Congress of the United States entitled "An act to
6571	prohibit transportation of gaming devices in interstate and
6572	foreign commerce," approved January 2, 1951, being ch. 1194, 64
6573	Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
6574	shall be deemed legal shipments thereof into any such county
6575	provided the destination of such shipments is an eligible
6576	facility as defined in s. 551.102.
6577
6578	Reviser's note.--Amended to confirm the editorial
6579	insertion of the word "in" following the word
6580	"defined" to improve clarity.
6581
6582	Section 157.  Paragraph (c) of subsection (3) of section
6583	921.0022, Florida Statutes, is amended to read:
6584	921.0022  Criminal Punishment Code; offense severity
6585	ranking chart.--
6586	(3)  OFFENSE SEVERITY RANKING CHART
	Florida Felony
6587
	Statute Degree Description
6588
	(c)  LEVEL 3
6589
	119.10(2)(b) 3rd Unlawful use of confidential information from  police reports.
6590
	316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash  reports.
6591
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
6592
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement  officer in patrol vehicle with siren and lights activated.
6593
	319.30(4) 3rd Possession by junkyard of motor vehicle with  identification number plate removed.
6594
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor  vehicle or mobile home.
6595
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
6596
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank,  forged, or unlawfully obtained title or registration.
6597
	327.35(2)(b) 3rd Felony BUI.
6598
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or  fraudulent titles or bills of sale of vessels.
6599
	328.07(4) 3rd Manufacture, exchange, or possess vessel with  counterfeit or wrong ID number.
6600
	370.12(1)(e)5. 3rd Taking, disturbing, mutilating, destroying,  causing to be destroyed, transferring, selling, offering to sell, molesting,  or harassing marine turtles, marine turtle eggs, or marine turtle nests in  violation of the Marine Turtle Protection Act.
6601
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a  violation of the Marine Turtle Protection Act.
6602
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses  under the Inland Protection Trust Fund.
6603
	400.903(3) 3rd Operating a clinic without a license or filing false  license application or other required information.
6604
	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation  claims.
6605
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such  a report.
6606
	501.001(2)(b) 2nd Tampers with a consumer product or the container  using materially false/misleading information.
6607
	624.401(4)(a) 3rd Transacting insurance without a certificate of  authority.
6608
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of  authority; premium collected less than $20,000.
6609
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
6610
	697.08 3rd Equity skimming.
6611
	790.15(3) 3rd Person directs another to discharge firearm from a  vehicle.
6612
	796.05(1) 3rd Live on earnings of a prostitute.
6613
	806.10(1) 3rd Maliciously injure, destroy, or interfere with  vehicles or equipment used in firefighting.
6614
	806.10(2) 3rd Interferes with or assaults firefighter in performance  of duty.
6615
	810.09(2)(c) 3rd Trespass on property other than structure or  conveyance armed with firearm or dangerous weapon.
6616
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than  $10,000.
6617
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300  or more but less than $10,000.
6618
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain  property.
6619
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida  Communications Fraud Act), property valued at less than $20,000.
6620
	817.233 3rd Burning to defraud insurer.
6621
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor  vehicle accidents.
6622
	817.234(11)(a) 3rd Insurance fraud; property value less than  $20,000.
6623
	817.236 3rd Filing a false motor vehicle insurance application.
6624
	817.2361 3rd Creating, marketing, or presenting a false or  fraudulent motor vehicle insurance card.
6625
	817.413(2) 3rd Sale of used goods as new.
6626
	817.505(4) 3rd Patient brokering.
6627
	828.12(2) 3rd Tortures any animal with intent to inflict intense  pain, serious physical injury, or death.
6628
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to  defraud or possessing a counterfeit payment instrument.
6629
	831.29 2nd Possession of instruments for counterfeiting drivers'  licenses or identification cards.
6630
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
6631
	843.19 3rd Injure, disable, or kill police dog or horse.
6632
	860.15(3) 3rd Overcharging for repairs and parts.
6633
	870.01(2) 3rd Riot; inciting or encouraging.
6634
	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other  s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7.,  (2)(c)8., (2)(c)9., (3), or (4) drugs).
6635
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c),  (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,  (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
6636
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c),  (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,  (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
6637
	893.13(6)(a) 3rd Possession of any controlled substance other than  felony possession of cannabis.
6638
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding  previous receipt of or prescription for a controlled substance.
6639
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance  by fraud, forgery, misrepresentation, etc.
6640
	893.13(7)(a)10. 3rd Affix false or forged label to package of  controlled substance.
6641
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information  on any document or record required by chapter 893.
6642
	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or  owner of an animal in obtaining a controlled substance through deceptive,  untrue, or fraudulent representations in or related to the practitioner's  practice.
6643
	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's  practice to assist a patient, other person, or owner of an animal in obtaining  a controlled substance.
6644
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled  substance for a fictitious person.
6645
	893.13(8)(a)4. 3rd Write a prescription for a controlled substance  for a patient, other person, or an animal if the sole purpose of writing the  prescription is a monetary benefit for the practitioner.
6646
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
6647
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
6648
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a  correctional institution.
6649
	985.721 3rd Escapes from a juvenile facility (secure detention or  residential commitment facility).
6650
6651	Reviser's note.--Amended to delete a reference to a
6652	nonfelony violation. Offenses under s. 440.105(3) are
6653	first degree misdemeanors, not felonies.
6654
6655	Section 158.  Subsection (2) of section 933.07, Florida
6656	Statutes, is amended to read:
6657	933.07  Issuance of search warrants.--
6658	(2)  Notwithstanding any other provisions of this chapter,
6659	the Department of Agriculture and Consumer Services, based on
6660	grounds specified in s. 933.02(4)(d) 933.02(4)(d) or (e), may
6661	obtain a search warrant authorized by this chapter for an area
6662	in size up to and including the full extent of the county in
6663	which the search warrant is issued. The judge issuing such
6664	search warrant shall conduct a court proceeding prior to the
6665	issuance of such search warrant upon reasonable notice and shall
6666	receive, hear, and determine any objections by property owners
6667	to the issuance of such search warrant. Such search warrant may
6668	be served by employees or authorized contractors of the
6669	Department of Agriculture and Consumer Services. Such search
6670	warrant may be made returnable at any time up to 6 months from
6671	the date of issuance.
6672
6673	Reviser's note.--Amended to conform to the repeal of
6674	s. 933.02(4)(e) by s. 7, ch. 2006-45, Laws of Florida.
6675
6676	Section 159.  Paragraph (a) of subsection (1) of section
6677	943.0435, Florida Statutes, is amended to read:
6678	943.0435  Sexual offenders required to register with the
6679	department; penalty.--
6680	(1)  As used in this section, the term:
6681	(a)  "Sexual offender" means a person who meets the
6682	criteria in subparagraph 1., subparagraph 2., or subparagraph
6683	3., as follows:
6684	1.a.  Has been convicted of committing, or attempting,
6685	soliciting, or conspiring to commit, any of the criminal
6686	offenses proscribed in the following statutes in this state or
6687	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
6688	or s. 787.025(2)(c), where the victim is a minor and the
6689	defendant is not the victim's parent; chapter 794, excluding ss.
6690	794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04; s.
6691	825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s.
6692	847.0138; s. 847.0145; or s. 985.701(1) 985.4045(1); or any
6693	similar offense committed in this state which has been
6694	redesignated from a former statute number to one of those listed
6695	in this sub-subparagraph; and
6696	b.  Has been released on or after October 1, 1997, from the
6697	sanction imposed for any conviction of an offense described in
6698	sub-subparagraph a. For purposes of sub-subparagraph a., a
6699	sanction imposed in this state or in any other jurisdiction
6700	includes, but is not limited to, a fine, probation, community
6701	control, parole, conditional release, control release, or
6702	incarceration in a state prison, federal prison, private
6703	correctional facility, or local detention facility;
6704	2.  Establishes or maintains a residence in this state and
6705	who has not been designated as a sexual predator by a court of
6706	this state but who has been designated as a sexual predator, as
6707	a sexually violent predator, or by another sexual offender
6708	designation in another state or jurisdiction and was, as a
6709	result of such designation, subjected to registration or
6710	community or public notification, or both, or would be if the
6711	person were a resident of that state or jurisdiction, without
6712	regard to whether the person otherwise meets the criteria for
6713	registration as a sexual offender; or
6714	3.  Establishes or maintains a residence in this state who
6715	is in the custody or control of, or under the supervision of,
6716	any other state or jurisdiction as a result of a conviction for
6717	committing, or attempting, soliciting, or conspiring to commit,
6718	any of the criminal offenses proscribed in the following
6719	statutes or similar offense in another jurisdiction: s. 787.01,
6720	s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
6721	the defendant is not the victim's parent; chapter 794, excluding
6722	ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04;
6723	s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137;
6724	s. 847.0138; s. 847.0145; or s. 985.701(1) 985.4045(1); or any
6725	similar offense committed in this state which has been
6726	redesignated from a former statute number to one of those listed
6727	in this subparagraph.
6728
6729	Reviser's note.--Amended to confirm the editorial
6730	substitution of a reference to s. 985.701(1) for a
6731	reference to s. 985.4045(1) to conform to the
6732	redesignation of s. 985.4045 as s. 985.701 by s. 98,
6733	ch. 2006-120, Laws of Florida.
6734
6735	Section 160.  Paragraph (a) of subsection (1) of section
6736	943.325, Florida Statutes, is amended to read:
6737	943.325  Blood or other biological specimen testing for DNA
6738	analysis.--
6739	(1)(a)  Any person who is convicted or was previously
6740	convicted in this state for any offense or attempted offense
6741	enumerated in paragraph (b), and any person who is transferred
6742	to this state under Article VII of the Interstate Compact on
6743	Juveniles, part XIII V of chapter 985, who has committed or
6744	attempted to commit an offense similarly defined by the
6745	transferring state, who is either:
6746	1.  Still incarcerated, or
6747	2.  No longer incarcerated, or has never been incarcerated,
6748	yet is within the confines of the legal state boundaries and is
6749	on probation, community control, parole, conditional release,
6750	control release, or any other type of court-ordered supervision,
6751
6752	shall be required to submit two specimens of blood or other
6753	biological specimens approved by the Department of Law
6754	Enforcement to a Department of Law Enforcement designated
6755	testing facility as directed by the department.
6756
6757	Reviser's note.--Amended to conform to the
6758	redesignation of part V of chapter 985 as part XIII of
6759	that chapter by s. 1, ch. 2006-120, Laws of Florida.
6760
6761	Section 161.  Paragraph (b) of subsection (1) of section
6762	944.606, Florida Statutes, is amended to read:
6763	944.606  Sexual offenders; notification upon release.--
6764	(1)  As used in this section:
6765	(b)  "Sexual offender" means a person who has been
6766	convicted of committing, or attempting, soliciting, or
6767	conspiring to commit, any of the criminal offenses proscribed in
6768	the following statutes in this state or similar offenses in
6769	another jurisdiction:  s. 787.01, s. 787.02, or s.
6770	787.025(2)(c), where the victim is a minor and the defendant is
6771	not the victim's parent; chapter 794, excluding ss. 794.011(10)
6772	and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
6773	827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.
6774	847.0145; or s. 985.701(1) 985.4045(1); or any similar offense
6775	committed in this state which has been redesignated from a
6776	former statute number to one of those listed in this subsection,
6777	when the department has received verified information regarding
6778	such conviction; an offender's computerized criminal history
6779	record is not, in and of itself, verified information.
6780
6781	Reviser's note.--Amended to confirm the editorial
6782	substitution of a reference to s. 985.701(1) for a
6783	reference to s. 985.4045(1) to conform to the
6784	redesignation of s. 985.4045 as s. 985.701 by s. 98,
6785	ch. 2006-120, Laws of Florida.
6786
6787	Section 162.  Paragraph (a) of subsection (1) of section
6788	944.607, Florida Statutes, is amended to read:
6789	944.607  Notification to Department of Law Enforcement of
6790	information on sexual offenders.--
6791	(1)  As used in this section, the term:
6792	(a)  "Sexual offender" means a person who is in the custody
6793	or control of, or under the supervision of, the department or is
6794	in the custody of a private correctional facility:
6795	1.  On or after October 1, 1997, as a result of a
6796	conviction for committing, or attempting, soliciting, or
6797	conspiring to commit, any of the criminal offenses proscribed in
6798	the following statutes in this state or similar offenses in
6799	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
6800	where the victim is a minor and the defendant is not the
6801	victim's parent; chapter 794, excluding ss. 794.011(10) and
6802	794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
6803	827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.
6804	847.0145; or s. 985.701(1) 985.4045(1); or any similar offense
6805	committed in this state which has been redesignated from a
6806	former statute number to one of those listed in this paragraph;
6807	or
6808	2.  Who establishes or maintains a residence in this state
6809	and who has not been designated as a sexual predator by a court
6810	of this state but who has been designated as a sexual predator,
6811	as a sexually violent predator, or by another sexual offender
6812	designation in another state or jurisdiction and was, as a
6813	result of such designation, subjected to registration or
6814	community or public notification, or both, or would be if the
6815	person were a resident of that state or jurisdiction, without
6816	regard as to whether the person otherwise meets the criteria for
6817	registration as a sexual offender.
6818
6819	Reviser's note.--Amended to confirm the editorial
6820	substitution of a reference to s. 985.701(1) for a
6821	reference to s. 985.4045(1) to conform to the
6822	redesignation of s. 985.4045 as s. 985.701 by s. 98,
6823	ch. 2006-120, Laws of Florida.
6824
6825	Section 163.  Section 947.022, Florida Statutes, is
6826	repealed.
6827
6828	Reviser's note.--The referenced section, which
6829	provided transition provisions for staggered terms for
6830	the Parole Commission, has served its purpose.
6831
6832	Section 164.  Subsection (12) of section 984.19, Florida
6833	Statutes, is amended to read:
6834	984.19  Medical screening and treatment of child;
6835	examination of parent, guardian, or person requesting custody.--
6836	(12)  Nothing in this section alters the authority of the
6837	department to consent to medical treatment for a child who has
6838	been committed to the department pursuant to s. 984.22(3)
6839	984.22(3) and (4) and of whom the department has become the
6840	legal custodian.
6841
6842	Reviser's note.--Amended to conform to the deletion
6843	from s. 984.22(4) of material relating to placement of
6844	children in foster care by the Department of Children
6845	and Family Services by s. 71, ch. 2006-227, Laws of
6846	Florida.
6847
6848	Section 165.  Paragraph (k) of subsection (11) of section
6849	985.483, Florida Statutes, is amended to read:
6850	985.483  Intensive residential treatment program for
6851	offenders less than 13 years of age.--
6852	(11)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
6853	(k)  Assessment and treatment records are confidential as
6854	described in this paragraph and exempt from s. 119.07(1) and s.
6855	24(a), Art. I of the State Constitution.
6856	1.  The department shall have full access to the assessment
6857	and treatment records to ensure coordination of services to the
6858	child.
6859	2.  The principles of confidentiality of records as
6860	provided in s. 985.04 985.045 shall apply to the assessment and
6861	treatment records of children who are eligible for an intensive
6862	residential treatment program for offenders less than 13 years
6863	of age.
6864
6865	Reviser's note.--Amended to confirm the editorial
6866	substitution of a reference to s. 985.04 for a
6867	reference to s. 985.045 to correct an apparent error.
6868	Section 985.045 relates to court records; s. 985.04
6869	relates to confidentiality of records.
6870
6871	Section 166.  Paragraph (c) of subsection (4) of section
6872	985.565, Florida Statutes, is amended to read:
6873	985.565  Sentencing powers; procedures; alternatives for
6874	juveniles prosecuted as adults.--
6875	(4)  SENTENCING ALTERNATIVES.--
6876	(c)  Adult sanctions upon failure of juvenile
6877	sanctions.--If a child proves not to be suitable to a commitment
6878	program, in a juvenile probation program, or treatment program
6879	under paragraph (b), the department shall provide the sentencing
6880	court with a written report outlining the basis for its
6881	objections to the juvenile sanction and shall simultaneously
6882	provide a copy of the report to the state attorney and the
6883	defense counsel. The department shall schedule a hearing within
6884	30 days. Upon hearing, the court may revoke the previous
6885	adjudication, impose an adjudication of guilt, and impose any
6886	sentence which it may lawfully impose, giving credit for all
6887	time spent by the child in the department. The court may also
6888	classify the child as a youthful offender under s. 958.04, if
6889	appropriate. For purposes of this paragraph, a child may be
6890	found not suitable to a commitment program, community control
6891	program, or treatment program under paragraph (b) if the child
6892	commits a new violation of law while under juvenile sanctions,
6893	if the child commits any other violation of the conditions of
6894	juvenile sanctions, or if the child's actions are otherwise
6895	determined by the court to demonstrate a failure of juvenile
6896	sanctions.
6897
6898	It is the intent of the Legislature that the criteria and
6899	guidelines in this subsection are mandatory and that a
6900	determination of disposition under this subsection is subject to
6901	the right of the child to appellate review under s. 985.534.
6902
6903	Reviser's note.--Amended to confirm the editorial
6904	deletion of the words "in a" preceding the word
6905	"juvenile" to provide clarity.
6906
6907	Section 167.  Paragraph (b) of subsection (2) of section
6908	1001.25, Florida Statutes, is amended to read:
6909	1001.25  Educational television.--
6910	(2)  POWERS OF DEPARTMENT.--
6911	(b)  The department shall provide through educational
6912	television and other electronic media a means of extending
6913	educational services to all the state system of public
6914	education, except the state universities, which provision by the
6915	department is limited by paragraph (c) and by s. 1001.26(1)
6916	1006.26(1). The department shall recommend to the State Board of
6917	Education rules necessary to provide such services.
6918
6919	Reviser's note.--Amended to correct an erroneous
6920	reference. Section 1006.26 does not exist; s.
6921	1001.26(1) creates a public broadcasting system for
6922	the state.
6923
6924	Section 168.  Subsection (4) of section 1001.73, Florida
6925	Statutes, is amended to read:
6926	1001.73  University board empowered to act as trustee.--
6927	(4)  Nothing herein shall be construed to authorize a
6928	university board of trustees to contract a debt on behalf of, or
6929	in any way to obligate, the state; and the satisfaction of any
6930	debt or obligation incurred by the university board as trustee
6931	under the provisions of this section shall be exclusively from
6932	the trust property, mortgaged or encumbered; and nothing herein
6933	shall in any manner affect or relate to the provisions of former
6934	ss. 1010.61-1010.619 or s. 1013.78.
6935
6936	Reviser's note.--Amended to conform to the repeal of
6937	ss. 1010.61-1010.619 by s. 15, ch. 2006-27, Laws of
6938	Florida.
6939
6940	Section 169.  Subsection (1) of section 1002.01, Florida
6941	Statutes, is amended to read:
6942	1002.01  Definitions.--
6943	(1)  A "home education program" means the sequentially
6944	progressive instruction of a student directed by his or her
6945	parent in order to satisfy the attendance requirements of ss.
6946	1002.41, 1003.01(13) 1003.01(4), and 1003.21(1).
6947
6948	Reviser's note.--Amended to correct an erroneous
6949	reference. Section 1003.01(4) defines "career
6950	education"; s. 1003.01(13) defines "regular school
6951	attendance."
6952
6953	Section 170.  Paragraph (b) of subsection (4) of section
6954	1002.20, Florida Statutes, is amended to read:
6955	1002.20  K-12 student and parent rights.--Parents of public
6956	school students must receive accurate and timely information
6957	regarding their child's academic progress and must be informed
6958	of ways they can help their child to succeed in school. K-12
6959	students and their parents are afforded numerous statutory
6960	rights including, but not limited to, the following:
6961	(4)  DISCIPLINE.--
6962	(b)  Expulsion.--Public school students and their parents
6963	have the right to written notice of a recommendation of
6964	expulsion, including the charges against the student and a
6965	statement of the right of the student to due process, in
6966	accordance with the provisions of s. 1006.08(1) 1001.51(8).
6967
6968	Reviser's note.--Amended to correct an erroneous
6969	reference. Section 1001.51(8) relates to instructional
6970	materials; s. 1006.08(1) contains material relating to
6971	a recommendation of expulsion and the student's right
6972	to due process.
6973
6974	Section 171.  Paragraph (b) of subsection (4) of section
6975	1002.335, Florida Statutes, is amended to read:
6976	1002.335  Florida Schools of Excellence Commission.--
6977	(4)  POWERS AND DUTIES.--
6978	(b)  The commission shall have the following duties:
6979	1.  Review charter school applications and assist in the
6980	establishment of Florida Schools of Excellence (FSE) charter
6981	schools throughout the state. An FSE charter school shall exist
6982	as a public school within the state as a component of the
6983	delivery of public education within Florida's K-20 education
6984	system.
6985	2.  Develop, promote, and disseminate best practices for
6986	charter schools and charter school sponsors in order to ensure
6987	that high-quality charter schools are developed and
6988	incentivized. At a minimum, the best practices shall encourage
6989	the development and replication of academically and financially
6990	proven charter school programs.
6991	3.  Develop, promote, and require high standards of
6992	accountability for any school that applies for and is granted a
6993	charter under this section.
6994	4.  Monitor and annually review the performance of
6995	cosponsors approved pursuant to this section and hold the
6996	cosponsors accountable for their performance pursuant to the
6997	provisions of paragraph (6)(c). The commission shall annually
6998	review and evaluate the performance of each cosponsor based upon
6999	the financial and administrative support provided to the
7000	cosponsor's charter schools and the quality of charter schools
7001	approved by the cosponsor, including the academic performance of
7002	the students who that attend those schools.
7003	5.  Monitor and annually review and evaluate the academic
7004	and financial performance of the charter schools it sponsors and
7005	hold the schools accountable for their performance pursuant to
7006	the provisions of chapter 1008.
7007	6.  Report the student enrollment in each of its sponsored
7008	charter schools to the district school board of the county in
7009	which the school is located.
7010	7.  Work with its cosponsors to monitor the financial
7011	management of each FSE charter school.
7012	8.  Direct charter schools and persons seeking to establish
7013	charter schools to sources of private funding and support.
7014	9.  Actively seek, with the assistance of the department,
7015	supplemental revenue from federal grant funds, institutional
7016	grant funds, and philanthropic organizations. The commission
7017	may, through the department's Grants and Donations Trust Fund,
7018	receive and expend gifts, grants, and donations of any kind from
7019	any public or private entity to carry out the purposes of this
7020	section.
7021	10.  Review and recommend to the Legislature any necessary
7022	revisions to statutory requirements regarding the qualification
7023	and approval of municipalities, state universities, community
7024	colleges, and regional educational consortia as cosponsors for
7025	FSE charter schools.
7026	11.  Review and recommend to the Legislature any necessary
7027	revisions to statutory requirements regarding the standards for
7028	accountability and criteria for revocation of approval of
7029	cosponsors of FSE charter schools.
7030	12.  Act as liaison for cosponsors and FSE charter schools
7031	in cooperating with district school boards that may choose to
7032	allow charter schools to utilize excess space within district
7033	public school facilities.
7034	13.  Collaborate with municipalities, state universities,
7035	community colleges, and regional educational consortia as
7036	cosponsors for FSE charter schools for the purpose of providing
7037	the highest level of public education to low-income, low-
7038	performing, gifted, or underserved student populations. Such
7039	collaborations shall:
7040	a.  Allow state universities and community colleges that
7041	cosponsor FSE charter schools to enable students attending a
7042	charter school to take college courses and receive high school
7043	and college credit for such courses.
7044	b.  Be used to determine the feasibility of opening charter
7045	schools for students with disabilities, including, but not
7046	limited to, charter schools for children with autism that work
7047	with and utilize the specialized expertise of the Centers for
7048	Autism and Related Disabilities established and operated
7049	pursuant to s. 1004.55.
7050	14.  Support municipalities when the mayor or chief
7051	executive, through resolution passed by the governing body of
7052	the municipality, expresses an intent to cosponsor and establish
7053	charter schools within the municipal boundaries.
7054	15.  Meet the needs of charter schools and school districts
7055	by uniformly administering high-quality charter schools, thereby
7056	removing administrative burdens from the school districts.
7057	16.  Assist FSE charter schools in negotiating and
7058	contracting with district school boards that choose to provide
7059	certain administrative or transportation services to the charter
7060	schools on a contractual basis.
7061	17.  Provide training for members of FSE charter school
7062	governing bodies within 90 days after approval of the charter
7063	school. The training shall include, but not be limited to, best
7064	practices on charter school governance, the constitutional and
7065	statutory requirements relating to public records and meetings,
7066	and the requirements of applicable statutes and State Board of
7067	Education rules.
7068	18.  Perform all of the duties of sponsors set forth in s.
7069	1002.33(5)(b) and (20).
7070
7071	Reviser's note.--Amended to confirm the editorial
7072	substitution of the word "who" for the word "that" to
7073	conform to context.
7074
7075	Section 172.  Paragraph (g) of subsection (2) of section
7076	1003.51, Florida Statutes, is amended to read:
7077	1003.51  Other public educational services.--
7078	(2)  The State Board of Education shall adopt and maintain
7079	an administrative rule articulating expectations for effective
7080	education programs for youth in Department of Juvenile Justice
7081	programs, including, but not limited to, education programs in
7082	juvenile justice commitment and detention facilities. The rule
7083	shall articulate policies and standards for education programs
7084	for youth in Department of Juvenile Justice programs and shall
7085	include the following:
7086	(g)  Funding requirements, which shall include the
7087	requirement that at least 90 percent of the FEFP funds generated
7088	by students in Department of Juvenile Justice programs or in an
7089	education program for juveniles under s. 985.19 985.223 be spent
7090	on instructional costs for those students. One hundred percent
7091	of the formula-based categorical funds generated by students in
7092	Department of Juvenile Justice programs must be spent on
7093	appropriate categoricals such as instructional materials and
7094	public school technology for those students.
7095
7096	Reviser's note.--Amended to conform to the
7097	redesignation of s. 985.223 as s. 985.19 by s. 30, ch.
7098	2006-120, Laws of Florida.
7099
7100	Section 173.  Subsection (6) of section 1004.28, Florida
7101	Statutes, is amended to read:
7102	1004.28  Direct-support organizations; use of property;
7103	board of directors; activities; audit; facilities.--
7104	(6)  FACILITIES.--In addition to issuance of indebtedness
7105	pursuant to former s. 1010.60(2), each direct-support
7106	organization is authorized to enter into agreements to finance,
7107	design and construct, lease, lease-purchase, purchase, or
7108	operate facilities necessary and desirable to serve the needs
7109	and purposes of the university, as determined by the systemwide
7110	strategic plan adopted by the State Board of Education.  Such
7111	agreements are subject to the provisions of s. 1013.171.
7112
7113	Reviser's note.--Amended to conform to the repeal of
7114	s. 1010.60 by s. 15, ch. 2006-27, Laws of Florida.
7115
7116	Section 174.  Subsection (3) of section 1008.22, Florida
7117	Statutes, is reenacted to read:
7118	1008.22  Student assessment program for public schools.--
7119	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
7120	design and implement a statewide program of educational
7121	assessment that provides information for the improvement of the
7122	operation and management of the public schools, including
7123	schools operating for the purpose of providing educational
7124	services to youth in Department of Juvenile Justice programs.
7125	The commissioner may enter into contracts for the continued
7126	administration of the assessment, testing, and evaluation
7127	programs authorized and funded by the Legislature. Contracts may
7128	be initiated in 1 fiscal year and continue into the next and may
7129	be paid from the appropriations of either or both fiscal years.
7130	The commissioner is authorized to negotiate for the sale or
7131	lease of tests, scoring protocols, test scoring services, and
7132	related materials developed pursuant to law. Pursuant to the
7133	statewide assessment program, the commissioner shall:
7134	(a)  Submit to the State Board of Education a list that
7135	specifies student skills and competencies to which the goals for
7136	education specified in the state plan apply, including, but not
7137	limited to, reading, writing, science, and mathematics. The
7138	skills and competencies must include problem-solving and higher-
7139	order skills as appropriate and shall be known as the Sunshine
7140	State Standards as defined in s. 1000.21. The commissioner shall
7141	select such skills and competencies after receiving
7142	recommendations from educators, citizens, and members of the
7143	business community. The commissioner shall submit to the State
7144	Board of Education revisions to the list of student skills and
7145	competencies in order to maintain continuous progress toward
7146	improvements in student proficiency.
7147	(b)  Develop and implement a uniform system of indicators
7148	to describe the performance of public school students and the
7149	characteristics of the public school districts and the public
7150	schools. These indicators must include, without limitation,
7151	information gathered by the comprehensive management information
7152	system created pursuant to s. 1008.385 and student achievement
7153	information obtained pursuant to this section.
7154	(c)  Develop and implement a student achievement testing
7155	program known as the Florida Comprehensive Assessment Test
7156	(FCAT) as part of the statewide assessment program to measure
7157	reading, writing, science, and mathematics. Other content areas
7158	may be included as directed by the commissioner. The assessment
7159	of reading and mathematics shall be administered annually in
7160	grades 3 through 10. The assessment of writing and science shall
7161	be administered at least once at the elementary, middle, and
7162	high school levels. The commissioner must document the
7163	procedures used to ensure that the versions of the FCAT which
7164	are taken by students retaking the grade 10 FCAT are equally as
7165	challenging and difficult as the tests taken by students in
7166	grade 10 which contain performance tasks. The testing program
7167	must be designed so that:
7168	1.  The tests measure student skills and competencies
7169	adopted by the State Board of Education as specified in
7170	paragraph (a). The tests must measure and report student
7171	proficiency levels of all students assessed in reading, writing,
7172	mathematics, and science. The commissioner shall provide for the
7173	tests to be developed or obtained, as appropriate, through
7174	contracts and project agreements with private vendors, public
7175	vendors, public agencies, postsecondary educational
7176	institutions, or school districts. The commissioner shall obtain
7177	input with respect to the design and implementation of the
7178	testing program from state educators, assistive technology
7179	experts, and the public.
7180	2.  The testing program will include a combination of norm-
7181	referenced and criterion-referenced tests and include, to the
7182	extent determined by the commissioner, questions that require
7183	the student to produce information or perform tasks in such a
7184	way that the skills and competencies he or she uses can be
7185	measured.
7186	3.  Each testing program, whether at the elementary,
7187	middle, or high school level, includes a test of writing in
7188	which students are required to produce writings that are then
7189	scored by appropriate and timely methods.
7190	4.  A score is designated for each subject area tested,
7191	below which score a student's performance is deemed inadequate.
7192	The school districts shall provide appropriate remedial
7193	instruction to students who score below these levels.
7194	5.  Except as provided in s. 1003.428(8)(b) or s.
7195	1003.43(11)(b), students must earn a passing score on the grade
7196	10 assessment test described in this paragraph or attain
7197	concordant scores as described in subsection (9) in reading,
7198	writing, and mathematics to qualify for a standard high school
7199	diploma. The State Board of Education shall designate a passing
7200	score for each part of the grade 10 assessment test. In
7201	establishing passing scores, the state board shall consider any
7202	possible negative impact of the test on minority students. The
7203	State Board of Education shall adopt rules which specify the
7204	passing scores for the grade 10 FCAT. Any such rules, which have
7205	the effect of raising the required passing scores, shall only
7206	apply to students taking the grade 10 FCAT for the first time
7207	after such rules are adopted by the State Board of Education.
7208	6.  Participation in the testing program is mandatory for
7209	all students attending public school, including students served
7210	in Department of Juvenile Justice programs, except as otherwise
7211	prescribed by the commissioner. If a student does not
7212	participate in the statewide assessment, the district must
7213	notify the student's parent and provide the parent with
7214	information regarding the implications of such nonparticipation.
7215	A parent must provide signed consent for a student to receive
7216	classroom instructional accommodations that would not be
7217	available or permitted on the statewide assessments and must
7218	acknowledge in writing that he or she understands the
7219	implications of such instructional accommodations. The State
7220	Board of Education shall adopt rules, based upon recommendations
7221	of the commissioner, for the provision of test accommodations
7222	for students in exceptional education programs and for students
7223	who have limited English proficiency. Accommodations that negate
7224	the validity of a statewide assessment are not allowable in the
7225	administration of the FCAT. However, instructional
7226	accommodations are allowable in the classroom if included in a
7227	student's individual education plan. Students using
7228	instructional accommodations in the classroom that are not
7229	allowable as accommodations on the FCAT may have the FCAT
7230	requirement waived pursuant to the requirements of s.
7231	1003.428(8)(b) or s. 1003.43(11)(b).
7232	7.  A student seeking an adult high school diploma must
7233	meet the same testing requirements that a regular high school
7234	student must meet.
7235	8.  District school boards must provide instruction to
7236	prepare students to demonstrate proficiency in the skills and
7237	competencies necessary for successful grade-to-grade progression
7238	and high school graduation. If a student is provided with
7239	instructional accommodations in the classroom that are not
7240	allowable as accommodations in the statewide assessment program,
7241	as described in the test manuals, the district must inform the
7242	parent in writing and must provide the parent with information
7243	regarding the impact on the student's ability to meet expected
7244	proficiency levels in reading, writing, and math. The
7245	commissioner shall conduct studies as necessary to verify that
7246	the required skills and competencies are part of the district
7247	instructional programs.
7248	9.  District school boards must provide opportunities for
7249	students to demonstrate an acceptable level of performance on an
7250	alternative standardized assessment approved by the State Board
7251	of Education following enrollment in summer academies.
7252	10.  The Department of Education must develop, or select,
7253	and implement a common battery of assessment tools that will be
7254	used in all juvenile justice programs in the state. These tools
7255	must accurately measure the skills and competencies established
7256	in the Sunshine State Standards.
7257	11.  For students seeking a special diploma pursuant to s.
7258	1003.438, the Department of Education must develop or select and
7259	implement an alternate assessment tool that accurately measures
7260	the skills and competencies established in the Sunshine State
7261	Standards for students with disabilities under s. 1003.438.
7262
7263	The commissioner may, based on collaboration and input from
7264	school districts, design and implement student testing programs,
7265	for any grade level and subject area, necessary to effectively
7266	monitor educational achievement in the state, including the
7267	measurement of educational achievement of the Sunshine State
7268	Standards for students with disabilities. Development and
7269	refinement of assessments shall include universal design
7270	principles and accessibility standards that will prevent any
7271	unintended obstacles for students with disabilities while
7272	ensuring the validity and reliability of the test. These
7273	principles should be applicable to all technology platforms and
7274	assistive devices available for the assessments. The field
7275	testing process and psychometric analyses for the statewide
7276	assessment program must include an appropriate percentage of
7277	students with disabilities and an evaluation or determination of
7278	the effect of test items on such students.
7279	(d)  Conduct ongoing research to develop improved methods
7280	of assessing student performance, including, without limitation,
7281	the use of technology to administer tests, score, or report the
7282	results of, the use of electronic transfer of data, the
7283	development of work-product assessments, and the development of
7284	process assessments.
7285	(e)  Conduct ongoing research and analysis of student
7286	achievement data, including, without limitation, monitoring
7287	trends in student achievement by grade level and overall student
7288	achievement, identifying school programs that are successful,
7289	and analyzing correlates of school achievement.
7290	(f)  Provide technical assistance to school districts in
7291	the implementation of state and district testing programs and
7292	the use of the data produced pursuant to such programs.
7293	(g)  Study the cost and student achievement impact of
7294	secondary end-of-course assessments, including web-based and
7295	performance formats, and report to the Legislature prior to
7296	implementation.
7297
7298	Reviser's note.--Section 40, ch. 2006-74, Laws of
7299	Florida, amended paragraphs (3)(c), (e), and (f) and
7300	also added a new paragraph (3)(f) but failed to
7301	publish existing paragraph (3)(f). Absent affirmative
7302	evidence of legislative intent to repeal existing
7303	paragraph (3)(f), it is reenacted here to confirm that
7304	the omission was not intended.
7305
7306	Section 175.  Subsection (4) of section 1008.33, Florida
7307	Statutes, is amended to read:
7308	1008.33  Authority to enforce public school
7309	improvement.--It is the intent of the Legislature that all
7310	public schools be held accountable for students performing at
7311	acceptable levels. A system of school improvement and
7312	accountability that assesses student performance by school,
7313	identifies schools in which students are not making adequate
7314	progress toward state standards, institutes appropriate measures
7315	for enforcing improvement, and provides rewards and sanctions
7316	based on performance shall be the responsibility of the State
7317	Board of Education.
7318	(4)  The State Board of Education may require the
7319	Department of Education or Chief Financial Officer to withhold
7320	any transfer of state funds to the school district if, within
7321	the timeframe specified in state board action, the school
7322	district has failed to comply with the action ordered to improve
7323	the district's low-performing schools. Withholding the transfer
7324	of funds shall occur only after all other recommended actions
7325	for school improvement have failed to improve performance. The
7326	State Board of Education may impose the same penalty on any
7327	district school board that fails to develop and implement a plan
7328	for assistance and intervention for low-performing schools as
7329	specified in s. 1001.42(16)(c) 1001.42(16)(d).
7330
7331	Reviser's note.--Amended to correct an erroneous
7332	reference. The initial version of House Bill 7087,
7333	2006 Regular Session, added a new s. 1001.42(16)(b)
7334	and redesignated the remaining paragraphs, as well as
7335	updating references to those paragraphs. The final
7336	version of the bill as passed, which became ch. 2006-
7337	74, Laws of Florida, did not include the new paragraph
7338	(16)(b), but the revised reference in the bill at s.
7339	1008.33(4) was not adjusted to conform to that
7340	deletion.
7341
7342	Section 176.  Subsection (5) of section 1008.345, Florida
7343	Statutes, is amended to read:
7344	1008.345  Implementation of state system of school
7345	improvement and education accountability.--
7346	(5)  The commissioner shall report to the Legislature and
7347	recommend changes in state policy necessary to foster school
7348	improvement and education accountability. Included in the report
7349	shall be a list of the schools, including schools operating for
7350	the purpose of providing educational services to youth in
7351	Department of Juvenile Justice programs, for which district
7352	school boards have developed assistance and intervention plans
7353	and an analysis of the various strategies used by the school
7354	boards. School reports shall be distributed pursuant to this
7355	subsection and s. 1006.42(16)(e) 1001.42(16)(f) and according to
7356	rules adopted by the State Board of Education.
7357
7358	Reviser's note.--Amended to correct an erroneous
7359	reference. The initial version of House Bill 7087,
7360	2006 Regular Session, added a new s. 1001.42(16)(b)
7361	and redesignated the remaining paragraphs, as well as
7362	updating references to those paragraphs. The final
7363	version of the bill as passed, which became ch. 2006-
7364	74, Laws of Florida, did not include the new paragraph
7365	(16)(b), but the revised reference in the bill at s.
7366	1008.345(5) was not adjusted to conform to that
7367	deletion.
7368
7369	Section 177.  Paragraph (f) of subsection (1) of section
7370	1011.62, Florida Statutes, is amended to read:
7371	1011.62  Funds for operation of schools.--If the annual
7372	allocation from the Florida Education Finance Program to each
7373	district for operation of schools is not determined in the
7374	annual appropriations act or the substantive bill implementing
7375	the annual appropriations act, it shall be determined as
7376	follows:
7377	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
7378	OPERATION.--The following procedure shall be followed in
7379	determining the annual allocation to each district for
7380	operation:
7381	(f)  Supplemental academic instruction; categorical fund.--
7382	1.  There is created a categorical fund to provide
7383	supplemental academic instruction to students in kindergarten
7384	through grade 12. This paragraph may be cited as the
7385	"Supplemental Academic Instruction Categorical Fund."
7386	2.  Categorical funds for supplemental academic instruction
7387	shall be allocated annually to each school district in the
7388	amount provided in the General Appropriations Act. These funds
7389	shall be in addition to the funds appropriated on the basis of
7390	FTE student membership in the Florida Education Finance Program
7391	and shall be included in the total potential funds of each
7392	district. These funds shall be used to provide supplemental
7393	academic instruction to students enrolled in the K-12 program.
7394	Supplemental instruction strategies may include, but are not
7395	limited to: modified curriculum, reading instruction, after-
7396	school instruction, tutoring, mentoring, class size reduction,
7397	extended school year, intensive skills development in summer
7398	school, and other methods for improving student achievement.
7399	Supplemental instruction may be provided to a student in any
7400	manner and at any time during or beyond the regular 180-day term
7401	identified by the school as being the most effective and
7402	efficient way to best help that student progress from grade to
7403	grade and to graduate.
7404	3.  Effective with the 1999-2000 fiscal year, funding on
7405	the basis of FTE membership beyond the 180-day regular term
7406	shall be provided in the FEFP only for students enrolled in
7407	juvenile justice education programs or in education programs for
7408	juveniles placed in secure facilities or programs under s.
7409	985.19 985.223. Funding for instruction beyond the regular 180-
7410	day school year for all other K-12 students shall be provided
7411	through the supplemental academic instruction categorical fund
7412	and other state, federal, and local fund sources with ample
7413	flexibility for schools to provide supplemental instruction to
7414	assist students in progressing from grade to grade and
7415	graduating.
7416	4.  The Florida State University School, as a lab school,
7417	is authorized to expend from its FEFP or Lottery Enhancement
7418	Trust Fund allocation the cost to the student of remediation in
7419	reading, writing, or mathematics for any graduate who requires
7420	remediation at a postsecondary educational institution.
7421	5.  Beginning in the 1999-2000 school year, dropout
7422	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
7423	(b), and (c), and 1003.54 shall be included in group 1 programs
7424	under subparagraph (d)3.
7425
7426	Reviser's note.--Amended to confirm the editorial
7427	substitution of a reference to s. 985.19 for a
7428	reference to s. 985.223 to conform to the
7429	redesignation of the section by s. 30, ch. 2006-120,
7430	Laws of Florida.
7431
7432	Section 178.  Subsection (1) of section 1011.71, Florida
7433	Statutes, is amended to read:
7434	1011.71  District school tax.--
7435	(1)  If the district school tax is not provided in the
7436	General Appropriations Act or the substantive bill implementing
7437	the General Appropriations Act, each district school board
7438	desiring to participate in the state allocation of funds for
7439	current operation as prescribed by s. 1011.62(11) 1011.62(10)
7440	shall levy on the taxable value for school purposes of the
7441	district, exclusive of millage voted under the provisions of s.
7442	9(b) or s. 12, Art. VII of the State Constitution, a millage
7443	rate not to exceed the amount certified by the commissioner as
7444	the minimum millage rate necessary to provide the district
7445	required local effort for the current year, pursuant to s.
7446	1011.62(4)(a)1. In addition to the required local effort millage
7447	levy, each district school board may levy a nonvoted current
7448	operating discretionary millage. The Legislature shall prescribe
7449	annually in the appropriations act the maximum amount of millage
7450	a district may levy.
7451
7452	Reviser's note.--Amended to correct an erroneous
7453	reference. Section 1011.62(10) relates to quality
7454	assurance guarantee; s. 1011.62(11) relates to total
7455	allocation of state funds to each district for current
7456	operation.
7457
7458	Section 179.  Subsection (6) of section 1012.21, Florida
7459	Statutes, is amended to read:
7460	1012.21  Department of Education duties; K-12 personnel.--
7461	(6)  REPORTING.--The Department of Education shall annually
7462	post online links to each school district's collective
7463	bargaining contracts and the salary and benefits of the
7464	personnel or officers of any educator association which were
7465	paid by the school district pursuant to s. 1012.22. The
7466	department shall prescribe the computer format for district
7467	school boards to use in providing the information.
7468
7469	Reviser's note.--Amended to delete language that has
7470	served its purpose and was included in House Bill
7471	7087, 2006 Regular Session, in error. The language
7472	related to past procedure when the Department of
7473	Education was to post the information, not the links
7474	to the information as currently referenced.
7475
7476	Section 180.  Paragraph (i) of subsection (1) and
7477	subsection (3) of section 1012.22, Florida Statutes, are amended
7478	to read:
7479	1012.22  Public school personnel; powers and duties of the
7480	district school board.--The district school board shall:
7481	(1)  Designate positions to be filled, prescribe
7482	qualifications for those positions, and provide for the
7483	appointment, compensation, promotion, suspension, and dismissal
7484	of employees as follows, subject to the requirements of this
7485	chapter:
7486	(i)  Comprehensive program of staff development.--The
7487	district school board shall establish a comprehensive program of
7488	staff development that incorporates school improvement plans
7489	pursuant to s. 1001.42 and is aligned with principal leadership
7490	training pursuant to s. 1012.986 1012.985 as a part of the plan.
7491	(3)  Annually provide to the Department of Education the
7492	negotiated collective bargaining contract for the school
7493	district and the salary and benefits for the personnel or
7494	officers of any educator association which are paid by the
7495	school district. The district school board shall report using
7496	the computer format prescribed by the department pursuant to s.
7497	1012.21.
7498
7499	Reviser's note.--Paragraph (1)(i) is amended to
7500	correct an erroneous reference. Section 1012.985
7501	relates to a statewide system for inservice
7502	professional development; s. 1012.986 provides for a
7503	leadership professional development program for
7504	principals. Subsection (3) is deleted to correct an
7505	error in House Bill 7087, 2006 Regular Session.
7506	Subsection (3) relates to past procedure when the
7507	Department of Education was to post the information,
7508	not the links to the information as currently
7509	referenced.
7510
7511	Section 181.  Section 1013.11, Florida Statutes, is amended
7512	to read:
7513	1013.11  Postsecondary institutions assessment of physical
7514	plant safety.--The president of each postsecondary institution
7515	shall conduct or cause to be conducted an annual assessment of
7516	physical plant safety. An annual report shall incorporate the
7517	findings obtained through such assessment and recommendations
7518	for the improvement of safety on each campus. The annual report
7519	shall be submitted to the respective governing or licensing
7520	board of jurisdiction no later than January 1 of each year. Each
7521	board shall compile the individual institutional reports and
7522	convey the aggregate institutional reports to the Commissioner
7523	of Education. The Commissioner of Education shall convey these
7524	reports and the reports required in s. 1006.67 1008.48 to the
7525	President of the Senate and the Speaker of the House of
7526	Representatives no later than March 1 of each year.
7527
7528	Reviser's note.--Amended to correct an erroneous
7529	reference. Section 1008.48 never has existed. Prior to
7530	the School Code rewrite in 2002, material now in s.
7531	1013.11 was at s. 240.2684. Section 240.2684
7532	referenced reports required in s. 240.2683 regarding
7533	campus crime statistics; that material is now located
7534	in s. 1006.67.
7535
7536	Section 182.  Subsection (1) of section 1013.721, Florida
7537	Statutes, is amended to read:
7538	1013.721  A Business-Community (ABC) School Program.--
7539	(1)  In order to increase business partnerships in
7540	education, to reduce school and classroom overcrowding
7541	throughout the state, and to offset the high costs of
7542	educational facilities construction, and to use due diligence
7543	and sound business practices in using available educational
7544	space, the Legislature intends to encourage the formation of
7545	partnerships between business and education by creating A
7546	Business-Community (ABC) School Program.
7547
7548	Reviser's note.--Amended to confirm the editorial
7549	deletion of the word "and" preceding the word "to" to
7550	conform to a standard style relating to listing of
7551	elements in a series.
7552
7553	Section 183.  This act shall take effect on the 60th day
7554	after adjournment sine die of the session of the Legislature in
7555	which enacted.

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