Florida Senate - 2008 SB 1678
By Senator King
8-04063-08 20081678__
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A reviser's bill to be entitled
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An act relating to the Florida Statutes; amending ss.
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11.242, F.S.; deleting provisions that have expired, have
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become obsolete, have had their effect, have served their
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purpose, or have been impliedly repealed or superseded;
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replacing incorrect cross-references and citations;
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correcting grammatical, typographical, and like errors;
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removing inconsistencies, redundancies, and unnecessary
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repetition in the statutes; improving the clarity of the
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statutes and facilitating their correct interpretation;
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and confirming the restoration of provisions
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unintentionally omitted from republication in the acts of
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the Legislature during the amendatory process; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 7.11, Florida Statutes, is amended to
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read:
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7.11 Collier County.--The boundary lines of Collier County
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are as follows: Beginning where the north line to township forty-
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eight south extended westerly intersects the western boundary of
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the State of Florida in the waters of the Gulf of Mexico; thence
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easterly on said township line to the northwest corner of section
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four of township forty-eight south of range twenty-five east;
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thence south to the northwest corner of section nine of said
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township and range; thence east to the eastern boundary line of
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range twenty-six east; thence north on said range line to the
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northwest corner of township forty-seven south of range twenty-
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seven east; thence east on the north line of township forty-seven
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south to the east line of range twenty-seven east; thence north
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on said range line to the north line of township forty-six south;
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thence east on the north line of township forty-six south to the
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east line of range thirty east; thence south on said range line
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to the north line of township forty-nine south; thence east on
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the north line of said township forty-nine south to the east line
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of range thirty-four east and the west boundary of Broward
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County; thence south on said range line, concurrent with the west
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boundary of Broward and Miami-Dade Dade Counties, to the point of
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intersection with the south line of township fifty-three south;
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thence west on the south line of said township fifty-three south
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to where that line extended intersects the western boundary of
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the State of Florida in the waters of the Gulf of Mexico; thence
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northwesterly and along the waters of said Gulf of Mexico,
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including the waters of said gulf within the jurisdiction of the
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State of Florida, to the point of beginning.
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Reviser's note.--Amended to conform to the redesignation of
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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
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Dade County Code.
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Section 2. Section 7.13, Florida Statutes, is amended to
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read:
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7.13 Miami-Dade Dade County.--The boundary lines of Miami-
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Dade Dade County are as follows: Beginning at the southwest
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corner of township fifty-one south, range thirty-five east;
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thence east following the south line of township fifty-one south,
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across ranges thirty-five, thirty-six, thirty-seven, thirty-
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eight, thirty-nine and forty east, to the southwest corner of
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township fifty-one south, range forty-one east; thence north on
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the range line dividing ranges forty and forty-one east to the
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northwest corner of section thirty-one, township fifty-one south,
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range forty-one east; thence east on the north boundary of said
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section thirty-one and other sections to the waters of the
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Atlantic Ocean; thence easterly to the eastern boundary of the
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State of Florida; thence southward along the coast, including the
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waters of the Atlantic Ocean and the gulf stream within the
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jurisdiction of the State of Florida, to a point on the reefs of
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Florida immediately opposite the mouth of Broad Creek (a stream
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separating Cayo Lago from Old Rhodes Key); thence in a direct
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line through the middle of said stream to a point east of Mud
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Point, said point being located on the east line of the west one
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half of section seven, township fifty-nine south, range forty
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east, at a distance of two thousand three hundred feet, more or
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less, south of the northeast corner of the west one half of said
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section seven being a point on the existing Miami-Dade Dade
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County boundary line as established by s. 7.13; thence run
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southerly along the east line of the west one half of said
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section seven, township fifty-nine south, range forty east, to a
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point two thousand feet, more or less, north of the south line of
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said section seven; thence run westerly along a line parallel to
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the south line of said section seven, through the open water
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midway between two islands lying in the west one half of said
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section seven to a point on the west line of section seven,
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township fifty-nine south, range forty east; thence run southerly
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for a distance of two thousand feet, more or less, to the
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southwest corner of said section seven; thence run southerly
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along the west line of section eighteen, township fifty-nine
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south, range forty east, to the southwest corner of said section
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eighteen; thence run in a southwesterly direction along a
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straight line to the southwest corner of section twenty-four,
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township fifty-nine south, range thirty-nine east; thence run
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southerly along the east line of section twenty-six, township
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fifty-nine south, range thirty-nine east, to the southeast corner
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of said section twenty-six; thence run southerly along the east
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line of section thirty-five, township fifty-nine south, range
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thirty-nine east, to a point of intersection with a line drawn
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parallel with the north line of said section thirty-five and
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through the open water midway between Main and Short Key; thence
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run westerly along a line parallel to the north line of said
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section thirty-five, through the open water midway between Main
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and Short Key to a point on the west line of section thirty-five
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and a point on the east line of section thirty-four, township
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fifty-nine south, range thirty-nine east; thence run
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southwesterly in a straight line to the southwest corner of the
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southeast quarter of said section thirty-four and the northeast
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corner of the northwest quarter of section three, township sixty
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south, range thirty-nine east; thence run southerly along the
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east line of the northwest quarter of said section three to the
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southeast corner of the northwest quarter of said section three;
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thence run westerly along the south line of the northwest quarter
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of said section three to the southwest corner of the northwest
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quarter of said section three; thence run westerly to a point on
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the northerly bank of Manatee Creek at the easterly mouth of said
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Manatee Creek; thence run westerly meandering the northerly bank
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of Manatee Creek to the intersection thereof with the west right-
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of-way line of United States Highway No. 1, said right-of-way
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line being the east boundary of the Everglades National Park and
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said north bank of Manatee Creek being the southerly line of the
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mainland of the State of Florida and the existing boundary line
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between Miami-Dade Dade County and Monroe County; thence along
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the mainland to the range line between ranges thirty-four and
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thirty-five east, thence due north on said range line to place of
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beginning. However, the boundary lines of Miami-Dade Dade County
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shall not include the following: Begin at the northwest corner of
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section thirty-five, township fifty-one south, range forty-two
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east, Miami-Dade Dade County, Florida; thence, southerly
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following the west line of section thirty-five, township fifty-
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one south, range forty-two east to the intersection with a line
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which is two hundred and thirty feet south of and parallel to the
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north line of section thirty-five, township fifty-one south,
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range forty-two east; thence, easterly following the line which
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is two hundred and thirty feet south of and parallel to the north
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line of section thirty-five, township fifty-one south, range
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forty-two east, to the intersection with the west boundary line
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of the Town of Golden Beach; thence, northerly following the west
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boundary line of the Town of Golden Beach to the intersection
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with the north line of section thirty-five, township fifty-one
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south, range forty-two east; thence, westerly following the north
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line of section thirty-five, township fifty-one south, range
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forty-two east to the point of beginning.
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Reviser's note.--Amended to conform to the redesignation of
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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
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Dade County Code.
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Section 3. Section 7.44, Florida Statutes, is amended to
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read:
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7.44 Monroe County.--So much of the State of Florida as is
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situated south of the County of Collier and west or south of the
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County of Miami-Dade Dade, constitutes the County of Monroe.
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Reviser's note.--Amended to conform to the redesignation of
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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
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Dade County Code.
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Section 4. Section 11.904, Florida Statutes, is amended to
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read:
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11.904 Staff.--The Senate and the House of Representatives
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may each employ staff to work for the joint committee on matters
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related to joint committee activities. The Office of Program
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Policy Analysis and Government Accountability shall provide
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primary research services as directed by the committee and the
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joint committee and assist the committee in conducting the
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shall assist the committees and the joint committee.
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Reviser's note.--Amended to improve clarity and facilitate
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correct interpretation. Section 11.907 references the
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legislative reviews, and s. 11.910 references information
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for the reviews.
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Section 5. Subsection (4) of section 11.908, Florida
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Statutes, is amended to read:
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11.908 Committee duties.--No later than March 1 of the year
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in which a state agency or its advisory committees are scheduled
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to be reviewed, the committee shall and the joint committee may:
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(4) Present to the President of the Senate and the Speaker
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of the House of Representatives a report on the agencies and
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advisory committees scheduled to be reviewed that year by the
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Legislature. In the report, the committee shall include its
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specific findings and recommendations regarding the information
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considered pursuant to s. 11.910, make recommendations as
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described in s. 11.911, and propose legislation as it considers
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necessary. In the joint committee report, the joint committee
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shall include its specific findings and recommendations regarding
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recommendations as described in s. 11.911.
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Reviser's note.--Amended to confirm substitution by the
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editors of a reference to s. 11.910 for a reference to s.
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Legislative Budget Commission; s. 11.910 relates to
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information relevant in determining whether a public need
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exists for continuation of a state agency.
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Section 6. Section 15.0395, Florida Statutes, is amended to
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read:
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15.0395 Official festival.--The festival "Calle Ocho-Open
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House 8," a Florida historical festival presented annually by the
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Kiwanis Club of Little Havana and the Hispanic citizens of Miami-
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Dade Dade County, is hereby recognized as a festival of Florida.
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Reviser's note.--Amended to conform to the redesignation of
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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
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Dade County Code.
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Section 7. Paragraph (a) of subsection (4) of section
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20.23, Florida Statutes, is amended to read:
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20.23 Department of Transportation.--There is created a
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Department of Transportation which shall be a decentralized
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agency.
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(4)(a) The operations of the department shall be organized
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into seven districts, each headed by a district secretary and a
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turnpike enterprise, headed by an executive director. The
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district secretaries and the turnpike executive director shall be
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registered professional engineers in accordance with the
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provisions of chapter 471 or, in lieu of professional engineer
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registration, a district secretary or turnpike executive director
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may hold an advanced degree in an appropriate related discipline,
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such as a Master of Business Administration. The headquarters of
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the districts shall be located in Polk, Columbia, Washington,
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Broward, Volusia, Miami-Dade Dade, and Hillsborough Counties. The
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headquarters of the turnpike enterprise shall be located in
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Orange County. In order to provide for efficient operations and
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to expedite the decisionmaking process, the department shall
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provide for maximum decentralization to the districts.
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Reviser's note.--Amended to conform to the redesignation of
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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
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Dade County Code.
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Section 8. Subsection (11) of section 26.021, Florida
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Statutes, is amended to read:
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26.021 Judicial circuits; judges.--
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(11) The eleventh circuit is composed of Miami-Dade Dade
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County.
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The judicial nominating commission of each circuit, in submitting
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nominations for any vacancy in a judgeship, and the Governor, in
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filling any vacancy for a judgeship, shall consider whether the
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existing judges within the circuit, together with potential
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nominees or appointees, reflect the geographic distribution of
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the population within the circuit, the geographic distribution of
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the caseload within the circuit, the racial and ethnic diversity
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of the population within the circuit, and the geographic
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distribution of the racial and ethnic minority population within
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the circuit.
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Reviser's note.--Amended to conform to the redesignation of
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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
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Dade County Code.
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Section 9. Section 26.32, Florida Statutes, is amended to
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read:
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26.32 Eleventh Judicial Circuit.--
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SPRING TERM.
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Miami-Dade Dade County, second Tuesday in May.
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FALL TERM.
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Miami-Dade Dade County, second Tuesday in November.
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Reviser's note.--Amended to conform to the redesignation of
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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
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Dade County Code.
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Section 10. Paragraph (b) of subsection (1) of section
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30.071, Florida Statutes, is amended to read:
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30.071 Applicability and scope of act.--
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(1) This act applies to all deputy sheriffs, with the
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following exceptions:
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(b) Deputy sheriffs in a county that, by special act of the
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Legislature, local charter, ordinance, or otherwise, has
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established a civil or career service system which grants
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collective bargaining rights for deputy sheriffs, including, but
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not limited to, deputy sheriffs in the following counties:
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Broward, Miami-Dade Dade, Duval, Escambia, and Volusia.
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Reviser's note.--Amended to conform to the redesignation of
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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
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Dade County Code.
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Section 11. Subsection (1) of section 35.05, Florida
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Statutes, is amended to read:
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35.05 Headquarters.--
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(1) The headquarters of the First Appellate District shall
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be in the Second Judicial Circuit, Tallahassee, Leon County; of
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the Second Appellate District in the Tenth Judicial Circuit,
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Lakeland, Polk County; of the Third Appellate District in the
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Eleventh Judicial Circuit, Miami-Dade Dade County; of the Fourth
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Appellate District in the Fifteenth Judicial Circuit, Palm Beach
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County; and the Fifth Appellate District in the Seventh Judicial
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Circuit, Daytona Beach, Volusia County.
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Reviser's note.--Amended to conform to the redesignation of
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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
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Dade County Code.
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Section 12. Paragraph (a) of subsection (4) of section
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39.0132, Florida Statutes, is amended to read:
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39.0132 Oaths, records, and confidential information.--
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(4)(a)1. All information obtained pursuant to this part in
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the discharge of official duty by any judge, employee of the
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court, authorized agent of the department, correctional probation
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officer, or law enforcement agent is confidential and exempt from
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s. 119.07(1) and may not be disclosed to anyone other than the
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authorized personnel of the court, the department and its
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designees, correctional probation officers, law enforcement
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agents, guardian ad litem, and others entitled under this chapter
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to receive that information, except upon order of the court.
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2. Any information related to the best interests of a
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child, as determined by a guardian ad litem, which is held by a
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guardian ad litem, including but not limited to medical, mental
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health, substance abuse, child care, education, law enforcement,
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court, social services, and financial records; and any other
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information maintained by a guardian ad litem which is identified
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as confidential information under this chapter; is confidential
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and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution. Such confidential and exempt information may not be
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disclosed to anyone other than the authorized personnel of the
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court, the department and its designees, correctional probation
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officers, law enforcement agents, guardians ad litem, and others
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entitled under this chapter to receive that information, except
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upon order of the court. This subparagraph is subject to the Open
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Government Sunset Review Act of 1995 in accordance with s.
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119.15, and shall stand repealed on October 2, 2010, unless
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reviewed and saved from repeal through reenactment by the
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Legislature.
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Reviser's note.--Amended to conform to the renaming of the
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"Open Government Sunset Review Act of 1995" as the "Open
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Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
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of Florida.
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Section 13. Section 92.05, Florida Statutes, is amended to
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read:
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92.05 Final judgments and decrees of courts of record.--All
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final judgments and decrees heretofore or hereafter rendered and
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entered in courts of record of this state, and certified copies
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thereof, shall be admissible as prima facie evidence in the
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several courts of this state of the entry and validity of such
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judgments and decrees. For the purposes of this section, a court
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of record shall be taken and construed to mean any court other
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than a municipal court or the Metropolitan Court of Miami-Dade
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Dade County.
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Reviser's note.--Amended to conform to the redesignation of
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Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
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Dade County Code.
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Section 14. Subsection (7) of section 99.012, Florida
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Statutes, is amended to read:
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99.012 Restrictions on individuals qualifying for public
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office.--
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(7) Nothing contained in subsection (3) subsections (3) and
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(4) relates to persons holding any federal office.
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Reviser's note.--Amended to conform to the repeal of the
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referenced s. 99.012(4) by s. 14, ch. 2007-30, Laws of
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Florida.
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Section 15. Subsection (2) of section 106.023, Florida
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Statutes, is amended to read:
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106.023 Statement of candidate.--
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(2) The execution and filing of the statement of candidate
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does not in and of itself create a presumption that any violation
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of this chapter or chapter 104 is a willful violation as defined
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in s. 106.37.
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Reviser's note.--Amended to conform to the repeal of s.
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106.37 by s. 51, ch. 2007-30, Laws of Florida.
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Section 16. Section 106.0706, Florida Statutes, is amended
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to read:
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106.0706 Electronic filing of campaign finance reports;
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confidentiality of information and draft reports.--All user
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identifications and passwords held by the Department of State
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pursuant to s. 106.0705 are confidential and exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution. All
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records, reports, and files stored in the electronic filing
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s. 24(a), Art. I of the State Constitution until such time as the
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report has been submitted as a filed report. This section is
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subject to the Open Government Sunset Review Act of 1995 in
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accordance with s. 119.15 and shall stand repealed on October 2,
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2009, unless reviewed and saved from repeal through reenactment
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by the Legislature.
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Reviser's note.--Amended to conform to the renaming of the
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"Open Government Sunset Review Act of 1995" as the "Open
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Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
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of Florida.
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Section 17. Paragraph (b) of subsection (2) of section
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112.324, Florida Statutes, is amended to read:
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112.324 Procedures on complaints of violations; public
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records and meeting exemptions.--
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(2)
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(b) Paragraph (a) is subject to the Open Government Sunset
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Review Act of 1995 in accordance with s. 119.15 and shall stand
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repealed on October 2, 2010, unless reviewed and saved from
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repeal through reenactment by the Legislature.
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Reviser's note.--Amended to conform to the renaming of the
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"Open Government Sunset Review Act of 1995" as the "Open
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Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
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of Florida.
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Section 18. Subsection (9) of section 120.545, Florida
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Statutes, is amended to read:
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120.545 Committee review of agency rules.--
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(9) If the committee objects to a proposed or existing rule
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and the agency refuses to modify, amend, withdraw, or repeal the
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rule, the committee shall file with the Department of State a
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notice of the objection, detailing with particularity its
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objection to the rule. The Department of State shall publish this
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notice in the Florida Administrative Weekly and shall publish, as
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a history note to the rule in the Florida Administrative Code, a
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reference to the committee's objection and to the issue of the
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Florida Administrative Weekly in which the full text thereof
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appears.
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Reviser's note.--Amended to confirm the insertion of the
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words "Florida Administrative" by the editors to reference
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the complete name of the publication.
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Section 19. Paragraph (c) of subsection (2) of section
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121.051, Florida Statutes, is amended to read:
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121.051 Participation in the system.--
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(2) OPTIONAL PARTICIPATION.--
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(c) Employees of public community colleges or charter
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technical career centers sponsored by public community colleges,
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as designated in s. 1000.21(3), who are members of the Regular
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Class of the Florida Retirement System and who comply with the
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criteria set forth in this paragraph and in s. 1012.875 may
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elect, in lieu of participating in the Florida Retirement System,
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to withdraw from the Florida Retirement System altogether and
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participate in an optional retirement program provided by the
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employing agency under s. 1012.875, to be known as the State
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Community College System Optional Retirement Program. Pursuant
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thereto:
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1. Through June 30, 2001, the cost to the employer for such
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annuity shall equal the normal cost portion of the employer
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retirement contribution which would be required if the employee
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were a member of the Regular Class defined benefit program, plus
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the portion of the contribution rate required by s. 112.364(8)
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that would otherwise be assigned to the Retiree Health Insurance
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Subsidy Trust Fund. Effective July 1, 2001, each employer shall
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contribute on behalf of each participant in the optional program
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an amount equal to 10.43 percent of the participant's gross
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monthly compensation. The employer shall deduct an amount to
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provide for the administration of the optional retirement
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program. The employer providing the optional program shall
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contribute an additional amount to the Florida Retirement System
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Trust Fund equal to the unfunded actuarial accrued liability
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portion of the Regular Class contribution rate.
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2. The decision to participate in such an optional
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retirement program shall be irrevocable for as long as the
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employee holds a position eligible for participation, except as
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provided in subparagraph 3. Any service creditable under the
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Florida Retirement System shall be retained after the member
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withdraws from the Florida Retirement System; however, additional
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service credit in the Florida Retirement System shall not be
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earned while a member of the optional retirement program.
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3. An employee who has elected to participate in the
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optional retirement program shall have one opportunity, at the
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employee's discretion, to choose to transfer from the optional
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retirement program to the defined benefit program of the Florida
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Retirement System or to the Public Employee Optional Retirement
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Program, subject to the terms of the applicable optional
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retirement program contracts.
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a. If the employee chooses to move to the Public Employee
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Optional Retirement Program, any contributions, interest, and
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earnings creditable to the employee under the State Community
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College System Optional Retirement Program shall be retained by
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the employee in the State Community College System Optional
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Retirement Program, and the applicable provisions of s.
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121.4501(4) shall govern the election.
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b. If the employee chooses to move to the defined benefit
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program of the Florida Retirement System, the employee shall
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receive service credit equal to his or her years of service under
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the State Community College System Optional Retirement Program.
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(I) The cost for such credit shall be an amount
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representing the present value of that employee's accumulated
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benefit obligation for the affected period of service. The cost
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shall be calculated as if the benefit commencement occurs on the
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first date the employee would become eligible for unreduced
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benefits, using the discount rate and other relevant actuarial
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assumptions that were used to value the Florida Retirement System
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defined benefit plan liabilities in the most recent actuarial
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valuation. The calculation shall include any service already
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maintained under the defined benefit plan in addition to the
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years under the State Community College System Optional
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Retirement Program. The present value of any service already
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maintained under the defined benefit plan shall be applied as a
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credit to total cost resulting from the calculation. The division
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shall ensure that the transfer sum is prepared using a formula
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and methodology certified by an enrolled actuary.
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(II) The employee must transfer from his or her State
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Community College System Optional Retirement Program account and
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from other employee moneys as necessary, a sum representing the
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present value of that employee's accumulated benefit obligation
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immediately following the time of such movement, determined
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assuming that attained service equals the sum of service in the
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defined benefit program and service in the State Community
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College System Optional Retirement Program.
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4. Participation in the optional retirement program shall
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be limited to those employees who satisfy the following
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eligibility criteria:
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a. The employee must be otherwise eligible for membership
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or renewed membership in the Regular Class of the Florida
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Retirement System, as provided in s. 121.021(11) and (12) or s.
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b. The employee must be employed in a full-time position
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classified in the Accounting Manual for Florida's Public
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Community Colleges as:
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(I) Instructional; or
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(II) Executive Management, Instructional Management, or
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Institutional Management, if a community college determines that
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recruiting to fill a vacancy in the position is to be conducted
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in the national or regional market, and:
522
(A) The duties and responsibilities of the position include
523
either the formulation, interpretation, or implementation of
524
policies; or
525
(B) The duties and responsibilities of the position include
526
the performance of functions that are unique or specialized
527
within higher education and that frequently involve the support
528
of the mission of the community college.
529
c. The employee must be employed in a position not included
530
in the Senior Management Service Class of the Florida Retirement
531
System, as described in s. 121.055.
532
5. Participants in the program are subject to the same
533
reemployment limitations, renewed membership provisions, and
534
forfeiture provisions as are applicable to regular members of the
536
121.091(5), respectively.
537
6. Eligible community college employees shall be compulsory
538
members of the Florida Retirement System until, pursuant to the
539
procedures set forth in s. 1012.875, a written election to
540
withdraw from the Florida Retirement System and to participate in
541
the State Community College System Optional Retirement Program is
542
filed with the program administrator and received by the
543
division.
544
a. Any community college employee whose program eligibility
545
results from initial employment shall be enrolled in the State
546
Community College System Optional Retirement Program retroactive
547
to the first day of eligible employment. The employer retirement
548
contributions paid through the month of the employee plan change
549
shall be transferred to the community college for the employee's
550
optional program account, and, effective the first day of the
551
next month, the employer shall pay the applicable contributions
552
based upon subparagraph 1.
553
b. Any community college employee whose program eligibility
554
results from a change in status due to the subsequent designation
555
of the employee's position as one of those specified in
556
subparagraph 4. or due to the employee's appointment, promotion,
557
transfer, or reclassification to a position specified in
558
subparagraph 4. shall be enrolled in the program upon the first
559
day of the first full calendar month that such change in status
560
becomes effective. The employer retirement contributions paid
561
from the effective date through the month of the employee plan
562
change shall be transferred to the community college for the
563
employee's optional program account, and, effective the first day
564
of the next month, the employer shall pay the applicable
565
contributions based upon subparagraph 1.
566
7. Effective July 1, 2003, through December 31, 2008, any
567
participant of the State Community College System Optional
568
Retirement Program who has service credit in the defined benefit
569
plan of the Florida Retirement System for the period between his
570
or her first eligibility to transfer from the defined benefit
571
plan to the optional retirement program and the actual date of
572
transfer may, during his or her employment, elect to transfer to
573
the optional retirement program a sum representing the present
574
value of the accumulated benefit obligation under the defined
575
benefit retirement program for such period of service credit.
576
Upon such transfer, all such service credit previously earned
577
under the defined benefit program of the Florida Retirement
578
System during this period shall be nullified for purposes of
579
entitlement to a future benefit under the defined benefit program
580
of the Florida Retirement System.
581
Reviser's note.--Amended to conform to the complete title of
582
the State Community College System Optional Retirement
583
Program as referenced in s. 1012.875.
584
Section 20. Paragraph (c) of subsection (1) of section
585
121.091, Florida Statutes, is amended to read:
586
121.091 Benefits payable under the system.--Benefits may
587
not be paid under this section unless the member has terminated
588
employment as provided in s. 121.021(39)(a) or begun
589
participation in the Deferred Retirement Option Program as
590
provided in subsection (13), and a proper application has been
591
filed in the manner prescribed by the department. The department
592
may cancel an application for retirement benefits when the member
593
or beneficiary fails to timely provide the information and
594
documents required by this chapter and the department's rules.
595
The department shall adopt rules establishing procedures for
596
application for retirement benefits and for the cancellation of
597
such application when the required information or documents are
598
not received.
599
(1) NORMAL RETIREMENT BENEFIT.--Upon attaining his or her
600
normal retirement date, the member, upon application to the
601
administrator, shall receive a monthly benefit which shall begin
602
to accrue on the first day of the month of retirement and be
603
payable on the last day of that month and each month thereafter
604
during his or her lifetime. The normal retirement benefit,
605
including any past or additional retirement credit, may not
606
exceed 100 percent of the average final compensation. The amount
607
of monthly benefit shall be calculated as the product of A and B,
608
subject to the adjustment of C, if applicable, as set forth
609
below:
610
(c) C is the normal retirement benefit credit brought
611
forward as of November 30, 1970, by a former member of an
612
existing system. Such normal retirement benefit credit shall be
613
determined as the product of X and Y when X is the percentage of
614
average final compensation which the member would have been
615
eligible to receive if the member had attained his or her normal
616
retirement date as of November 30, 1970, all in accordance with
617
the existing system under which the member is covered on November
618
30, 1970, and Y is average final compensation as defined in s.
620
retirement system who is eligible to retire and who does retire,
621
become disabled, or die prior to April 15, 1971, may have his or
622
her retirement benefits calculated on the basis of the best 5 of
623
the last 10 years of service.
624
Reviser's note.--Amended to correct an erroneous reference
625
and conform to context. "Average final compensation" is
626
defined in s. 121.021(24).
627
Section 21. Subsection (2) of section 121.121, Florida
628
Statutes, is amended to read:
629
121.121 Authorized leaves of absence.--
630
(2) A member who is required to resign his or her office as
631
a subordinate officer, deputy sheriff, or police officer because
632
he or she is a candidate for a public office which is currently
633
held by his or her superior officer who is also a candidate for
634
reelection to the same office, in accordance with s. 99.012(4)
635
99.012(5), shall, upon return to covered employment, be eligible
636
to purchase retirement credit for the period between his or her
637
date of resignation and the beginning of the term of office for
638
which he or she was a candidate as a leave of absence without
639
pay, as provided in subsection (1).
640
Reviser's note.--Amended to conform to the redesignation of
642
Florida.
643
Section 22. Paragraph (f) of subsection (2) and paragraph
644
(a) of subsection (4) of section 121.4501, Florida Statutes, are
645
amended to read:
646
121.4501 Public Employee Optional Retirement Program.--
647
(2) DEFINITIONS.--As used in this part, the term:
648
(f) "Eligible employee" means an officer or employee, as
649
defined in s. 121.021(11), who:
650
1. Is a member of, or is eligible for membership in, the
651
Florida Retirement System, including any renewed member of the
652
Florida Retirement System; or
653
2. Participates in, or is eligible to participate in, the
654
Senior Management Service Optional Annuity Program as established
655
under s. 121.055(6), the State Community College System Optional
656
Retirement Program as established under s. 121.051(2)(c), or the
657
State University System Optional Retirement Program established
658
under s. 121.35.
659
660
The term does not include any member participating in the
661
Deferred Retirement Option Program established under s.
662
121.091(13) or a mandatory participant of the State University
663
System Optional Retirement Program established under s. 121.35.
664
(4) PARTICIPATION; ENROLLMENT.--
665
(a)1. With respect to an eligible employee who is employed
666
in a regularly established position on June 1, 2002, by a state
667
employer:
668
a. Any such employee may elect to participate in the Public
669
Employee Optional Retirement Program in lieu of retaining his or
670
her membership in the defined benefit program of the Florida
671
Retirement System. The election must be made in writing or by
672
electronic means and must be filed with the third-party
673
administrator by August 31, 2002, or, in the case of an active
674
employee who is on a leave of absence on April 1, 2002, by the
675
last business day of the 5th month following the month the leave
676
of absence concludes. This election is irrevocable, except as
677
provided in paragraph (e). Upon making such election, the
678
employee shall be enrolled as a participant of the Public
679
Employee Optional Retirement Program, the employee's membership
680
in the Florida Retirement System shall be governed by the
681
provisions of this part, and the employee's membership in the
682
defined benefit program of the Florida Retirement System shall
683
terminate. The employee's enrollment in the Public Employee
684
Optional Retirement Program shall be effective the first day of
685
the month for which a full month's employer contribution is made
686
to the optional program.
687
b. Any such employee who fails to elect to participate in
688
the Public Employee Optional Retirement Program within the
689
prescribed time period is deemed to have elected to retain
690
membership in the defined benefit program of the Florida
691
Retirement System, and the employee's option to elect to
692
participate in the optional program is forfeited.
693
2. With respect to employees who become eligible to
694
participate in the Public Employee Optional Retirement Program by
695
reason of employment in a regularly established position with a
696
state employer commencing after April 1, 2002:
697
a. Any such employee shall, by default, be enrolled in the
698
defined benefit retirement program of the Florida Retirement
699
System at the commencement of employment, and may, by the last
700
business day of the 5th month following the employee's month of
701
hire, elect to participate in the Public Employee Optional
702
Retirement Program. The employee's election must be made in
703
writing or by electronic means and must be filed with the third-
704
party administrator. The election to participate in the optional
705
program is irrevocable, except as provided in paragraph (e).
706
b. If the employee files such election within the
707
prescribed time period, enrollment in the optional program shall
708
be effective on the first day of employment. The employer
709
retirement contributions paid through the month of the employee
710
plan change shall be transferred to the optional program, and,
711
effective the first day of the next month, the employer shall pay
712
the applicable contributions based on the employee membership
713
class in the optional program.
714
c. Any such employee who fails to elect to participate in
715
the Public Employee Optional Retirement Program within the
716
prescribed time period is deemed to have elected to retain
717
membership in the defined benefit program of the Florida
718
Retirement System, and the employee's option to elect to
719
participate in the optional program is forfeited.
720
3. With respect to employees who become eligible to
721
participate in the Public Employee Optional Retirement Program
723
employee may elect to participate in the Public Employee Optional
724
Retirement Program in lieu of retaining his or her participation
725
in the State Community College System Optional Retirement Program
726
or the State University System Optional Retirement Program. The
727
election must be made in writing or by electronic means and must
728
be filed with the third-party administrator. This election is
729
irrevocable, except as provided in paragraph (e). Upon making
730
such election, the employee shall be enrolled as a participant of
731
the Public Employee Optional Retirement Program, the employee's
732
membership in the Florida Retirement System shall be governed by
733
the provisions of this part, and the employee's participation in
734
the State Community College System Optional Retirement Program or
735
the State University System Optional Retirement Program shall
736
terminate. The employee's enrollment in the Public Employee
737
Optional Retirement Program shall be effective the first day of
738
the month for which a full month's employer contribution is made
739
to the optional program.
740
4. For purposes of this paragraph, "state employer" means
741
any agency, board, branch, commission, community college,
742
department, institution, institution of higher education, or
743
water management district of the state, which participates in the
744
Florida Retirement System for the benefit of certain employees.
745
Reviser's note.--Amended to conform to the complete title of
746
the State Community College System Optional Retirement
747
Program as referenced in s. 1012.875.
748
Section 23. Subsection (5) of section 124.01, Florida
749
Statutes, is amended to read:
750
124.01 Division of counties into districts; county
751
commissioners.--
752
(5) This section shall not apply to Miami-Dade Dade County.
753
Reviser's note.--Amended to conform to the redesignation of
754
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
755
Dade County Code.
756
Section 24. Paragraph (b) of subsection (11) of section
757
125.901, Florida Statutes, is amended to read:
758
125.901 Children's services; independent special district;
759
council; powers, duties, and functions.--
760
(11)
761
(b) This subsection is subject to the Open Government
762
Sunset Review Act of 1995 in accordance with s. 119.15, and shall
763
stand repealed on October 2, 2009, unless reviewed and saved from
764
repeal through reenactment by the Legislature.
765
Reviser's note.--Amended to conform to the renaming of the
766
"Open Government Sunset Review Act of 1995" as the "Open
767
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
768
of Florida.
769
Section 25. Paragraph (b) of subsection (2) of section
770
159.804, Florida Statutes, is amended to read:
771
159.804 Allocation of state volume limitation.--The
772
division shall annually determine the amount of private activity
773
bonds permitted to be issued in this state under the Code and
774
shall make such information available upon request to any person
775
or agency. The total amount of private activity bonds authorized
776
to be issued in this state pursuant to the Code shall be
777
initially allocated as follows on January 1 of each year:
778
(2)
779
(b) The following regions are established for the purposes
780
of this allocation:
781
1. Region 1 consisting of Bay, Escambia, Holmes, Okaloosa,
782
Santa Rosa, Walton, and Washington Counties.
783
2. Region 2 consisting of Calhoun, Franklin, Gadsden, Gulf,
784
Jackson, Jefferson, Leon, Liberty, and Wakulla Counties.
785
3. Region 3 consisting of Alachua, Bradford, Columbia,
786
Dixie, Gilchrist, Hamilton, Lafayette, Madison, Suwannee, Taylor,
787
and Union Counties.
788
4. Region 4 consisting of Baker, Clay, Flagler, Nassau,
789
Putnam, and St. Johns Counties.
790
5. Region 5 consisting of Citrus, Hernando, Levy, Marion,
791
Pasco, and Sumter Counties.
792
6. Region 6 consisting of Lake, Osceola, and Seminole
793
Counties.
794
7. Region 7 consisting of DeSoto, Hardee, Highlands,
795
Manatee, Okeechobee, and Polk Counties.
796
8. Region 8 consisting of Charlotte, Collier, Glades,
797
Hendry, Lee, Monroe, and Sarasota Counties.
798
9. Region 9 consisting of Indian River, Martin, and St.
799
Lucie Counties.
800
10. Region 10 consisting of Broward County.
801
11. Region 11 consisting of Miami-Dade Dade County.
802
12. Region 12 consisting of Duval County.
803
13. Region 13 consisting of Hillsborough County.
804
14. Region 14 consisting of Orange County.
805
15. Region 15 consisting of Palm Beach County.
806
16. Region 16 consisting of Pinellas County.
807
17. Region 17 consisting of Brevard and Volusia Counties.
808
Reviser's note.--Amended to conform to the redesignation of
809
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
810
Dade County Code.
811
Section 26. Paragraph (a) of subsection (2) and paragraph
812
(e) of subsection (3) of section 163.06, Florida Statutes, are
813
amended to read:
814
163.06 Miami River Commission.--
815
(2) The Miami River Commission shall consist of:
816
(a) A policy committee comprised of the Governor, the chair
817
of the Miami-Dade County Dade delegation, the chair of the
818
governing board of the South Florida Water Management District,
819
the Miami-Dade County State Attorney, the Mayor of Miami, the
820
Mayor of Miami-Dade County, a commissioner of the City of Miami
821
Commission, a commissioner of the Miami-Dade County Commission,
822
the chair of the Miami River Marine Group, the chair of the
823
Marine Council, the Executive Director of the Downtown
824
Development Authority, and the chair of the Greater Miami Chamber
825
of Commerce; two neighborhood representatives, selected from the
826
Spring Garden Neighborhood Association, the Grove Park
827
Neighborhood Association, and the Miami River Neighborhood
828
Enhancement Corporation, one neighborhood representative to be
829
appointed by the city commission and one neighborhood
830
representative to be appointed by the county commission, each
831
selected from a list of three names submitted by each such
832
organization; one representative from an environmental or civic
833
association, appointed by the Governor; and three members-at-
834
large, who shall be persons who have a demonstrated history of
835
involvement on the Miami River through business, residence, or
836
volunteer activity, one appointed by the Governor, one appointed
837
by the city commission, and one appointed by the county
838
commission. All members shall be voting members. The committee
839
shall also include a member of the United States Congressional
840
delegation and the Captain of the Port of Miami as a
841
representative of the United States Coast Guard, as nonvoting, ex
842
officio members. The policy committee may meet monthly, but shall
843
meet at least quarterly.
844
(3) The policy committee shall have the following powers
845
and duties:
846
(e) Publicize a semiannual report describing
847
accomplishments of the commission and each member agency, as well
848
as the status of each pending task. The committee shall
849
distribute the report to the city and county commissions and
850
mayors, the Governor, chair of the Miami-Dade Dade County
851
delegation, stakeholders, and the local media.
852
Reviser's note.--Amended to conform to the redesignation of
853
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
854
Dade County Code.
855
Section 27. Paragraph (d) of subsection (3) of section
856
163.3182, Florida Statutes, is amended to read:
857
163.3182 Transportation concurrency backlogs.--
858
(3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
859
AUTHORITY.--Each transportation concurrency backlog authority has
860
the powers necessary or convenient to carry out the purposes of
861
this section, including the following powers in addition to
862
others granted in this section:
863
(d) To borrow money; to apply for and accept advances,
864
loans, grants, contributions, and any other forms of financial
865
assistance from the Federal Government or the state, county, or
866
any other public body or from any sources, public or private, for
867
the purposes of this part; to give such security as may be
868
required; to enter into and carry out contracts or agreements;
869
and to include in any contracts for financial assistance with the
870
Federal Government for or with respect to a transportation
871
concurrency backlog project and related activities such
872
conditions imposed pursuant to federal laws as the transportation
873
concurrency backlog authority considers reasonable and
874
appropriate and which are not inconsistent with the purposes of
875
this section.
876
Reviser's note.--Amended to confirm the insertion of the
877
word "to" by the editors.
878
Section 28. Paragraph (a) of subsection (6) of section
879
163.32465, Florida Statutes, is amended to read:
880
163.32465 State review of local comprehensive plans in
881
urban areas.--
882
(6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
883
PROGRAM.--
884
(a) Any "affected person" as defined in s. 163.3184(1)(a)
885
may file a petition with the Division of Administrative Hearings
887
affected local government, to request a formal hearing to
888
challenge whether the amendments are "in compliance" as defined
889
in s. 163.3184(1)(b). This petition must be filed with the
890
Division within 30 days after the local government adopts the
891
amendment. The state land planning agency may intervene in a
892
proceeding instituted by an affected person.
893
Reviser's note.--Amended to confirm the insertion of the
894
word "agency" by the editors.
895
Section 29. Section 163.430, Florida Statutes, is amended
896
to read:
897
163.430 Powers supplemental to existing community
898
redevelopment powers.--The powers conferred upon counties or
899
municipalities by this part shall be supplemental to any
900
community redevelopment powers now being exercised by any county
901
or municipality in accordance with the provisions of any
902
population act, special act, or under the provisions of the home
903
rule charter for Miami-Dade Dade County, or under the provision
904
of the charter of the consolidated City of Jacksonville.
905
Reviser's note.--Amended to conform to the redesignation of
906
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
907
Dade County Code.
908
Section 30. Subsection (1) and paragraph (a) of subsection
909
(2) of section 166.271, Florida Statutes, are amended to read:
910
166.271 Surcharge on municipal facility parking fees.--
911
(1) The governing authority of any municipality with a
912
resident population of 200,000 or more, more than 20 percent of
913
the real property of which is exempt from ad valorem taxes, and
914
which is located in a county with a population of more than
915
500,000 may impose and collect, subject to referendum approval by
916
voters in the municipality, a discretionary per vehicle surcharge
917
of up to 15 percent of the amount charged for the sale, lease, or
918
rental of space at parking facilities within the municipality
919
which are open for use to the general public and which are not
920
airports, seaports, county administration buildings, or other
922
this surcharge shall not take effect while any surcharge imposed
923
pursuant to former s. 218.503(6)(a), is in effect.
924
(2) A municipal governing authority that imposes the
925
surcharge authorized by this subsection may use the proceeds of
926
such surcharge for the following purposes only:
927
(a) No less than 60 percent and no more than 80 percent of
928
surcharge proceeds shall be used to reduce the municipality's ad
929
valorem tax millage or to reduce or eliminate non-ad valorem
930
assessments, unless the municipality has previously used the
931
proceeds from the surcharge levied under former s. 218.503(6)(b)
932
to reduce the municipality's ad valorem tax millage or to reduce
933
non-ad valorem assessments.
934
Reviser's note.--Amended to conform to the repeal of s.
935
218.503(6) by s. 6, ch. 2007-6, Laws of Florida.
936
Section 31. Section 171.071, Florida Statutes, is amended
937
to read:
938
171.071 Effect in Miami-Dade Dade County.--Municipalities
939
within the boundaries of Miami-Dade Dade County shall adopt
940
annexation or contraction ordinances pursuant to methods
941
established by the home rule charter established pursuant to s.
942
6(e), Art. VIII of the State Constitution.
943
Reviser's note.--Amended to conform to the redesignation of
944
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
945
Dade County Code.
946
Section 32. Subsection (2) of section 171.205, Florida
947
Statutes, is amended to read:
948
171.205 Consent requirements for annexation of land under
949
this part.--Notwithstanding part I, an interlocal service
950
boundary agreement may provide a process for annexation
951
consistent with this section or with part I.
952
(2) If the area to be annexed includes a privately owned
953
solid waste disposal facility as defined in s. 403.703(33)
954
403.703(11) which receives municipal solid waste collected within
955
the jurisdiction of multiple local governments, the annexing
956
municipality must set forth in its plan the effects that the
957
annexation of the solid waste disposal facility will have on the
958
other local governments. The plan must also indicate that the
959
owner of the affected solid waste disposal facility has been
960
contacted in writing concerning the annexation, that an agreement
961
between the annexing municipality and the solid waste disposal
962
facility to govern the operations of the solid waste disposal
963
facility if the annexation occurs has been approved, and that the
964
owner of the solid waste disposal facility does not object to the
965
proposed annexation.
966
Reviser's note.--Amended to conform to the redesignation of
968
of Florida.
969
Section 33. Paragraph (e) of subsection (2) of section
970
190.005, Florida Statutes, is amended to read:
971
190.005 Establishment of district.--
972
(2) The exclusive and uniform method for the establishment
973
of a community development district of less than 1,000 acres in
974
size shall be pursuant to an ordinance adopted by the county
975
commission of the county having jurisdiction over the majority of
976
land in the area in which the district is to be located granting
977
a petition for the establishment of a community development
978
district as follows:
979
(e) If all of the land in the area for the proposed
980
district is within the territorial jurisdiction of a municipal
981
corporation, then the petition requesting establishment of a
982
community development district under this act shall be filed by
983
the petitioner with that particular municipal corporation. In
984
such event, the duties of the county, hereinabove described, in
985
action upon the petition shall be the duties of the municipal
986
corporation. If any of the land area of a proposed district is
987
within the land area of a municipality, the county commission may
988
not create the district without municipal approval. If all of the
989
land in the area for the proposed district, even if less than
990
1,000 acres, is within the territorial jurisdiction of two or
991
more municipalities, the petition shall be filed with the Florida
992
Land and Water Adjudicatory Commission and proceed in accordance
993
with subsection (1).
994
Reviser's note.--Amended to confirm the insertion of the
995
word "than" by the editors.
996
Section 34. Paragraph (c) of subsection (2) of section
997
192.0105, Florida Statutes, is amended to read:
998
192.0105 Taxpayer rights.--There is created a Florida
999
Taxpayer's Bill of Rights for property taxes and assessments to
1000
guarantee that the rights, privacy, and property of the taxpayers
1001
of this state are adequately safeguarded and protected during tax
1002
levy, assessment, collection, and enforcement processes
1003
administered under the revenue laws of this state. The Taxpayer's
1004
Bill of Rights compiles, in one document, brief but comprehensive
1005
statements that summarize the rights and obligations of the
1006
property appraisers, tax collectors, clerks of the court, local
1007
governing boards, the Department of Revenue, and taxpayers.
1008
Additional rights afforded to payors of taxes and assessments
1009
imposed under the revenue laws of this state are provided in s.
1010
213.015. The rights afforded taxpayers to assure that their
1011
privacy and property are safeguarded and protected during tax
1012
levy, assessment, and collection are available only insofar as
1013
they are implemented in other parts of the Florida Statutes or
1014
rules of the Department of Revenue. The rights so guaranteed to
1015
state taxpayers in the Florida Statutes and the departmental
1016
rules include:
1017
(2) THE RIGHT TO DUE PROCESS.--
1018
(c) The right to file a petition for exemption or
1019
agricultural classification with the value adjustment board when
1020
an application deadline is missed, upon demonstration of
1021
particular extenuating circumstances for filing late (see ss.
1023
(7),(8), and (9)(c)).
1024
Reviser's note.--Amended to confirm the substitution by the
1025
editors of a reference to conform to the redesignation of s.
1027
of Florida.
1028
Section 35. Subsection (4) of section 198.13, Florida
1029
Statutes, is amended to read:
1030
198.13 Tax return to be made in certain cases; certificate
1031
of nonliability.--
1032
(4) Notwithstanding any other provisions of this section
1033
and applicable to the estate of a decedent who dies after
1034
December 31, 2004, if, upon the death of the decedent, a state
1035
death tax credit or a generation-skipping transfer credit is not
1036
allowable pursuant to the Internal Revenue Code of 1986, as
1037
amended:
1038
(a) The personal representative of the estate is not
1039
required to file a return under subsection (1) in connection with
1040
the estate.
1041
(b) The person who would otherwise be required to file a
1042
return reporting a generation-skipping transfer under subsection
1043
(3) is not required to file such a return in connection with the
1044
estate.
1045
1046
The provisions of this subsection do not apply to estates of
1047
decedents descendants dying after December 31, 2010.
1048
Reviser's note.--Amended to correct terminology and conform
1049
to context.
1050
Section 36. Paragraphs (l) and (m) of subsection (8) of
1051
section 200.001, Florida Statutes, are amended to read:
1052
200.001 Millages; definitions and general provisions.--
1053
(8)
1054
(l) "Maximum total county ad valorem taxes levied" means
1055
the total taxes levied by a county, municipal service taxing
1056
units of that county, and special districts dependent to that
1057
county at their individual maximum millages, calculated pursuant
1058
to s. 200.065(5)(a) for fiscal years 2009-2010 and thereafter
1059
and, pursuant to s. 200.185 for fiscal years 2007-2008 and 2008-
1060
2009, and pursuant to s. 200.186 for fiscal year 2008-2009 if SJR
1061
4B or HJR 3B is approved by a vote of the electors.
1062
(m) "Maximum total municipal ad valorem taxes levied" means
1063
the total taxes levied by a municipality and special districts
1064
dependent to that municipality at their individual maximum
1065
millages, calculated pursuant to s. 200.065(5)(b) for fiscal
1066
years 2009-2010 and thereafter and, by s. 200.185 for fiscal
1067
years 2007-2008 and 2008-2009, and pursuant to s. 200.186 for
1068
fiscal year 2008-2009 if SJR 4B or HJR 3B is approved by a vote
1069
of the electors.
1070
Reviser's note.--Amended to conform to the fact that Senate
1071
Joint Resolution 4B, Special Session B, 2007, did not appear
1072
on the ballot for consideration by the electorate due to
1073
legal action concerning the ballot language for the proposed
1074
amendment. The House companion, House Joint Resolution 3B,
1075
did not pass.
1076
Section 37. Subsection (3) of section 202.20, Florida
1077
Statutes, is amended to read:
1078
202.20 Local communications services tax conversion
1079
rates.--
1080
(3) For any county or school board that levies a
1081
discretionary surtax under s. 212.055, the rate of such tax on
1082
communications services as authorized by s. 202.19(5) shall be as
1083
follows:
1084
| County | .5% Discretionary surtax conversion rates | 1% Discretionary surtax conversion rates | 1.5% Discretionary surtax conversion rates |
1085
| Alachua | 0.3% | 0.6% | 0.8% |
1086
| Baker | 0.3% | 0.5% | 0.8% |
1087
| Bay | 0.3% | 0.5% | 0.8% |
1088
| Bradford | 0.3% | 0.6% | 0.8% |
1089
| Brevard | 0.3% | 0.6% | 0.9% |
1090
| Broward | 0.3% | 0.5% | 0.8% |
1091
| Calhoun | 0.3% | 0.5% | 0.8% |
1092
| Charlotte | 0.3% | 0.6% | 0.9% |
1093
| Citrus | 0.3% | 0.6% | 0.9% |
1094
| Clay | 0.3% | 0.6% | 0.8% |
1095
| Collier | 0.4% | 0.7% | 1.0% |
1096
| Columbia | 0.3% | 0.6% | 0.9% |
1097
| Dade | 0.3% | 0.5% | 0.8% |
1098
| Desoto | 0.3% | 0.6% | 0.8% |
1099
| Dixie | 0.3% | 0.5% | 0.8% |
1100
| Duval | 0.3% | 0.6% | 0.8% |
1101
| Escambia | 0.3% | 0.6% | 0.9% |
1102
| Flagler | 0.4% | 0.7% | 1.0% |
1103
| Franklin | 0.3% | 0.6% | 0.9% |
1104
| Gadsden | 0.3% | 0.5% | 0.8% |
1105
| Gilchrist | 0.3% | 0.5% | 0.7% |
1106
| Glades | 0.3% | 0.6% | 0.8% |
1107
| Gulf | 0.3% | 0.5% | 0.8% |
1108
| Hamilton | 0.3% | 0.6% | 0.8% |
1109
| Hardee | 0.3% | 0.5% | 0.8% |
1110
| Hendry | 0.3% | 0.6% | 0.9% |
1111
| Hernando | 0.3% | 0.6% | 0.9% |
1112
| Highlands | 0.3% | 0.6% | 0.9% |
1113
| Hillsborough | 0.3% | 0.6% | 0.8% |
1114
| Holmes | 0.3% | 0.6% | 0.8% |
1115
| Indian River | 0.3% | 0.6% | 0.9% |
1116
| Jackson | 0.3% | 0.5% | 0.7% |
1117
| Jefferson | 0.3% | 0.5% | 0.8% |
1118
| Lafayette | 0.3% | 0.5% | 0.7% |
1119
| Lake | 0.3% | 0.6% | 0.9% |
1120
| Lee | 0.3% | 0.6% | 0.9% |
1121
| Leon | 0.3% | 0.6% | 0.8% |
1122
| Levy | 0.3% | 0.5% | 0.8% |
1123
| Liberty | 0.3% | 0.6% | 0.8% |
1124
| Madison | 0.3% | 0.5% | 0.8% |
1125
| Manatee | 0.3% | 0.6% | 0.8% |
1126
| Marion | 0.3% | 0.5% | 0.8% |
1127
| Martin | 0.3% | 0.6% | 0.8% |
1128
| Miami-Dade | 0.3% | 0.5% | 0.8% |
1129
| Monroe | 0.3% | 0.6% | 0.9% |
1130
| Nassau | 0.3% | 0.6% | 0.8% |
1131
| Okaloosa | 0.3% | 0.6% | 0.8% |
1132
| Okeechobee | 0.3% | 0.6% | 0.9% |
1133
| Orange | 0.3% | 0.5% | 0.8% |
1134
| Osceola | 0.3% | 0.5% | 0.8% |
1135
| Palm Beach | 0.3% | 0.6% | 0.8% |
1136
| Pasco | 0.3% | 0.6% | 0.9% |
1137
| Pinellas | 0.3% | 0.6% | 0.9% |
1138
| Polk | 0.3% | 0.6% | 0.8% |
1139
| Putnam | 0.3% | 0.6% | 0.8% |
1140
| St. Johns | 0.3% | 0.6% | 0.8% |
1141
| St. Lucie | 0.3% | 0.6% | 0.8% |
1142
| Santa Rosa | 0.3% | 0.6% | 0.9% |
1143
| Sarasota | 0.3% | 0.6% | 0.9% |
1144
| Seminole | 0.3% | 0.6% | 0.8% |
1145
| Sumter | 0.3% | 0.5% | 0.8% |
1146
| Suwannee | 0.3% | 0.6% | 0.8% |
1147
| Taylor | 0.3% | 0.6% | 0.9% |
1148
| Union | 0.3% | 0.5% | 0.8% |
1149
| Volusia | 0.3% | 0.6% | 0.8% |
1150
| Wakulla | 0.3% | 0.6% | 0.9% |
1151
| Walton | 0.3% | 0.6% | 0.9% |
1152
| Washington | 0.3% | 0.5% | 0.8% |
1153
1154
The discretionary surtax conversion rate with respect to
1155
communications services reflected on bills dated on or after
1156
October 1, 2001, shall take effect without any further action by
1157
a county or school board that has levied a surtax on or before
1158
October 1, 2001. For a county or school board that levies a
1159
surtax subsequent to October 1, 2001, the discretionary surtax
1160
conversion rate with respect to communications services shall
1161
take effect upon the effective date of the surtax as provided in
1162
s. 212.054. The discretionary sales surtax rate on communications
1163
services for a county or school board levying a combined rate
1164
which is not listed in the table provided by this subsection
1165
shall be calculated by averaging or adding the appropriate rates
1166
from the table and rounding up to the nearest tenth of a percent.
1167
Reviser's note.--Amended to conform to the redesignation of
1168
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
1169
Dade County Code.
1170
Section 38. Paragraph (ccc) of subsection (7) of section
1171
212.08, Florida Statutes, is amended to read:
1172
212.08 Sales, rental, use, consumption, distribution, and
1173
storage tax; specified exemptions.--The sale at retail, the
1174
rental, the use, the consumption, the distribution, and the
1175
storage to be used or consumed in this state of the following are
1176
hereby specifically exempt from the tax imposed by this chapter.
1177
(7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
1178
entity by this chapter do not inure to any transaction that is
1179
otherwise taxable under this chapter when payment is made by a
1180
representative or employee of the entity by any means, including,
1181
but not limited to, cash, check, or credit card, even when that
1182
representative or employee is subsequently reimbursed by the
1183
entity. In addition, exemptions provided to any entity by this
1184
subsection do not inure to any transaction that is otherwise
1185
taxable under this chapter unless the entity has obtained a sales
1186
tax exemption certificate from the department or the entity
1187
obtains or provides other documentation as required by the
1188
department. Eligible purchases or leases made with such a
1189
certificate must be in strict compliance with this subsection and
1190
departmental rules, and any person who makes an exempt purchase
1191
with a certificate that is not in strict compliance with this
1192
subsection and the rules is liable for and shall pay the tax. The
1193
department may adopt rules to administer this subsection.
1194
(ccc) Equipment, machinery, and other materials for
1195
renewable energy technologies.--
1196
1. As used in this paragraph, the term:
1197
a. "Biodiesel" means the mono-alkyl esters of long-chain
1198
fatty acids derived from plant or animal matter for use as a
1199
source of energy and meeting the specifications for biodiesel and
1200
biodiesel blends with petroleum products as adopted by the
1201
Department of Agriculture and Consumer Services. Biodiesel may
1202
refer to biodiesel blends designated BXX, where XX represents the
1203
volume percentage of biodiesel fuel in the blend.
1204
b. "Ethanol" means nominally anhydrous denatured alcohol
1205
produced by the fermentation of plant sugars meeting the
1206
specifications for fuel ethanol and fuel ethanol blends with
1207
petroleum products as adopted by the Department of Agriculture
1208
and Consumer Services. Ethanol may refer to fuel ethanol blends
1209
designated EXX, where XX represents the volume percentage of fuel
1210
ethanol in the blend.
1211
c. "Hydrogen fuel cells" means equipment using hydrogen or
1212
a hydrogen-rich fuel in an electrochemical process to generate
1213
energy, electricity, or the transfer of heat.
1214
2. The sale or use of the following in the state is exempt
1215
from the tax imposed by this chapter:
1216
a. Hydrogen-powered vehicles, materials incorporated into
1217
hydrogen-powered vehicles, and hydrogen-fueling stations, up to a
1218
limit of $2 million in tax each state fiscal year for all
1219
taxpayers.
1220
b. Commercial stationary hydrogen fuel cells, up to a limit
1221
of $1 million in tax each state fiscal year for all taxpayers.
1222
c. Materials used in the distribution of biodiesel (B10-
1223
B100) and ethanol (E10-E100), including fueling infrastructure,
1224
transportation, and storage, up to a limit of $1 million in tax
1225
each state fiscal year for all taxpayers. Gasoline fueling
1226
station pump retrofits for ethanol (E10-E100) distribution
1227
qualify for the exemption provided in this sub-subparagraph.
1228
3. The Department of Environmental Protection shall provide
1229
to the department a list of items eligible for the exemption
1230
provided in this paragraph.
1231
4.a. The exemption provided in this paragraph shall be
1232
available to a purchaser only through a refund of previously paid
1233
taxes.
1234
b. To be eligible to receive the exemption provided in this
1235
paragraph, a purchaser shall file an application with the
1236
Department of Environmental Protection. The application shall be
1237
developed by the Department of Environmental Protection, in
1238
consultation with the department, and shall require:
1239
(I) The name and address of the person claiming the refund.
1240
(II) A specific description of the purchase for which a
1241
refund is sought, including, when applicable, a serial number or
1242
other permanent identification number.
1243
(III) The sales invoice or other proof of purchase showing
1244
the amount of sales tax paid, the date of purchase, and the name
1245
and address of the sales tax dealer from whom the property was
1246
purchased.
1247
(IV) A sworn statement that the information provided is
1248
accurate and that the requirements of this paragraph have been
1249
met.
1250
c. Within 30 days after receipt of an application, the
1251
Department of Environmental Protection shall review the
1252
application and shall notify the applicant of any deficiencies.
1253
Upon receipt of a completed application, the Department of
1254
Environmental Protection shall evaluate the application for
1255
exemption and issue a written certification that the applicant is
1256
eligible for a refund or issue a written denial of such
1257
certification within 60 days after receipt of the application.
1258
The Department of Environmental Protection shall provide the
1259
department with a copy of each certification issued upon approval
1260
of an application.
1261
d. Each certified applicant shall be responsible for
1262
forwarding a certified copy of the application and copies of all
1263
required documentation to the department within 6 months after
1264
certification by the Department of Environmental Protection.
1265
e. The provisions of former s. 212.095 do not apply to any
1266
refund application made pursuant to this paragraph. A refund
1267
approved pursuant to this paragraph shall be made within 30 days
1268
after formal approval by the department.
1269
f. The department may adopt all rules pursuant to ss.
1271
rules establishing forms and procedures for claiming this
1272
exemption.
1273
g. The Department of Environmental Protection shall be
1274
responsible for ensuring that the total amounts of the exemptions
1275
authorized do not exceed the limits as specified in subparagraph
1276
2.
1277
5. The Department of Environmental Protection shall
1278
determine and publish on a regular basis the amount of sales tax
1279
funds remaining in each fiscal year.
1280
6. This paragraph expires July 1, 2010.
1281
Reviser's note.--Amended to conform to the repeal of s.
1282
212.095 by s. 24, ch. 2007-106, Laws of Florida.
1283
Section 39. Paragraphs (c) and (e) of subsection (17) of
1284
section 215.555, Florida Statutes, are amended to read:
1285
215.555 Florida Hurricane Catastrophe Fund.--
1286
(17) TEMPORARY INCREASE IN COVERAGE LIMIT OPTIONS.--
1287
(c) Optional coverage.--For the contract year commencing
1288
June 1, 2007, and ending May 31, 2008, the contract year
1289
commencing commending June 1, 2008, and ending May 31, 2009, and
1290
the contract year commencing June 1, 2009, and ending May 31,
1291
2010, the board shall offer, for each of such years, the optional
1292
coverage as provided in this subsection.
1293
(e) TICL options addendum.--
1294
1. The TICL options addendum shall provide for
1295
reimbursement of TICL insurers for covered events occurring
1296
between June 1, 2007, and May 31, 2008, and between June 1, 2008,
1297
and May 31, 2009, or between June 1, 2009, and May 31, 2010, in
1298
exchange for the TICL reimbursement premium paid into the fund
1299
under paragraph (f) paragraph (e). Any insurer writing covered
1300
policies has the option of selecting an increased limit of
1301
coverage under the TICL options addendum and shall select such
1302
coverage at the time that it executes the FHCF reimbursement
1303
contract.
1304
2. The TICL addendum shall contain a promise by the board
1305
to reimburse the TICL insurer for 45 percent, 75 percent, or 90
1306
percent of its losses from each covered event in excess of the
1307
insurer's retention, plus 5 percent of the reimbursed losses to
1308
cover loss adjustment expenses. The percentage shall be the same
1309
as the coverage level selected by the insurer under paragraph
1310
(4)(b).
1311
3. The TICL addendum shall provide that reimbursement
1312
amounts shall not be reduced by reinsurance paid or payable to
1313
the insurer from other sources.
1314
4. The priorities, schedule, and method of reimbursements
1315
under the TICL addendum shall be the same as provided under
1316
subsection (4).
1317
Reviser's note.--Paragraph (17)(c) is amended to confirm the
1318
editorial substitution of the word "commencing" for the word
1319
"commending" to conform to context. Paragraph (17)(c) is
1320
also amended to confirm the editorial insertion of the word
1321
"and" preceding the word "the" to improve clarity and
1322
facilitate correct interpretation. Paragraph (17)(e) is
1323
amended to confirm the editorial insertion of the word "and"
1324
preceding the word "May" to improve clarity and facilitate
1325
correct interpretation. Paragraph (17)(e) is also amended to
1326
confirm the editorial substitution of a reference to
1327
paragraph (f) for a reference to paragraph (e); paragraph
1328
(17)(f) provides for reimbursement premiums to be paid into
1329
the fund.
1330
Section 40. Subsection (8) of section 215.5586, Florida
1331
Statutes, is amended to read:
1332
215.5586 My Safe Florida Home Program.--There is
1333
established within the Department of Financial Services the My
1334
Safe Florida Home Program. The department shall provide fiscal
1335
accountability, contract management, and strategic leadership for
1336
the program, consistent with this section. This section does not
1337
create an entitlement for property owners or obligate the state
1338
in any way to fund the inspection or retrofitting of residential
1339
property in this state. Implementation of this program is subject
1340
to annual legislative appropriations. It is the intent of the
1341
Legislature that the My Safe Florida Home Program provide
1342
inspections for at least 400,000 site-built, single-family,
1343
residential properties and provide grants to at least 35,000
1344
applicants before June 30, 2009. The program shall develop and
1345
implement a comprehensive and coordinated approach for hurricane
1346
damage mitigation that shall include the following:
1347
(8) NO-INTEREST LOANS.--The department may develop a no-
1348
interest loan program by December 31, 2007, to encourage the
1349
private sector to provide loans to owners of site-built, single-
1350
family, residential property to pay for mitigation measures
1351
listed in subsection (2). A loan eligible for interest payments
1352
pursuant to this subsection may be for a term of up to 3 years
1353
and cover up to $5,000 in mitigation measures. The department
1354
shall pay the creditor the market rate of interest using funds
1355
appropriated for the My Safe Florida Home Program. In no case
1356
shall the department pay more than the interest rate set by s.
1357
687.03. To be eligible for a loan, a loan applicant must first
1358
obtain a home inspection and report that specifies what
1359
improvements are needed to reduce the property's vulnerability to
1360
windstorm damage pursuant to this section and meet loan
1361
underwriting requirements set by the lender. The department may
1362
set aside up to $10 million from funds appropriated for the My
1363
Safe Florida Home Program to implement this subsection. The
1364
department shall adopt rules pursuant to ss. 120.536(1) 120.36(1)
1365
and 120.54 to implement this subsection which may include
1366
eligibility criteria.
1367
Reviser's note.--Amended to confirm the editorial
1368
substitution of a reference to s. 120.536(1) for a reference
1369
to s. 120.36(1) to correct an apparent error. Section 120.36
1370
does not exist; s. 120.536(1) provides for an agency's
1371
rulemaking authority to adopt rules.
1372
Section 41. Paragraph (a) of subsection (2) and subsection
1373
(7) of section 215.559, Florida Statutes, are reenacted to read:
1374
215.559 Hurricane Loss Mitigation Program.--
1375
(2)(a) Seven million dollars in funds provided in
1376
subsection (1) shall be used for programs to improve the wind
1377
resistance of residences and mobile homes, including loans,
1378
subsidies, grants, demonstration projects, and direct assistance;
1379
educating persons concerning the Florida Building Code
1380
cooperative programs with local governments and the Federal
1381
Government; and other efforts to prevent or reduce losses or
1382
reduce the cost of rebuilding after a disaster.
1383
(7) On January 1st of each year, the Department of
1384
Community Affairs shall provide a full report and accounting of
1385
activities under this section and an evaluation of such
1386
activities to the Speaker of the House of Representatives, the
1387
President of the Senate, and the Majority and Minority Leaders of
1388
the House of Representatives and the Senate. Upon completion of
1389
the report, the Department of Community Affairs shall deliver the
1390
report to the Office of Insurance Regulation. The Office of
1391
Insurance Regulation shall review the report and shall make such
1392
recommendations available to the insurance industry as the Office
1393
of Insurance Regulation deems appropriate. These recommendations
1394
may be used by insurers for potential discounts or rebates
1395
pursuant to s. 627.0629. The Office of Insurance Regulation shall
1396
make the recommendations within 1 year after receiving the
1397
report.
1398
Reviser's note.--Paragraph (2)(a) and subsection (7) are
1399
reenacted to conform to the validity of the amendments to
1400
those provisions by s. 1, ch. 2005-147, Laws of Florida. The
1401
Governor vetoed the specific appropriation in s. 1, ch.
1402
2005-147, Laws of Florida. The Governor's veto message
1403
states that he is withholding "approval of section 1," but
1404
the message goes on to set out the vetoed language, which is
1405
only the amendment to subsection (5).
1406
Section 42. Paragraph (a) of subsection (16) and paragraph
1407
(a) of subsection (17) of section 218.415, Florida Statutes, are
1408
amended to read:
1409
218.415 Local government investment policies.--Investment
1410
activity by a unit of local government must be consistent with a
1411
written investment plan adopted by the governing body, or in the
1412
absence of the existence of a governing body, the respective
1413
principal officer of the unit of local government and maintained
1414
by the unit of local government or, in the alternative, such
1415
activity must be conducted in accordance with subsection (17).
1416
Any such unit of local government shall have an investment policy
1417
for any public funds in excess of the amounts needed to meet
1418
current expenses as provided in subsections (1)-(16), or shall
1419
meet the alternative investment guidelines contained in
1420
subsection (17). Such policies shall be structured to place the
1421
highest priority on the safety of principal and liquidity of
1422
funds. The optimization of investment returns shall be secondary
1423
to the requirements for safety and liquidity. Each unit of local
1424
government shall adopt policies that are commensurate with the
1425
nature and size of the public funds within its custody.
1426
(16) AUTHORIZED INVESTMENTS; WRITTEN INVESTMENT
1427
POLICIES.--Those units of local government electing to adopt a
1428
written investment policy as provided in subsections (1)-(15) may
1429
by resolution invest and reinvest any surplus public funds in
1430
their control or possession in:
1431
(a) The Local Government Surplus Funds Trust Fund or any
1432
intergovernmental investment pool authorized pursuant to the
1433
Florida Interlocal Cooperation Act of 1969, as provided in s.
1434
1435
(17) AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT
1436
POLICY.--Those units of local government electing not to adopt a
1437
written investment policy in accordance with investment policies
1438
developed as provided in subsections (1)-(15) may invest or
1439
reinvest any surplus public funds in their control or possession
1440
in:
1441
(a) The Local Government Surplus Funds Trust Fund, or any
1442
intergovernmental investment pool authorized pursuant to the
1443
Florida Interlocal Cooperation Act of 1969, as provided in s.
1444
1445
1446
The securities listed in paragraphs (c) and (d) shall be invested
1447
to provide sufficient liquidity to pay obligations as they come
1448
due.
1449
Reviser's note.--Amended to conform to the name of the
1450
Florida Interlocal Cooperation Act of 1969 as referenced in
1451
s. 163.01.
1452
Section 43. Subsection (4) of section 222.25, Florida
1453
Statutes, is amended to read:
1454
222.25 Other individual property of natural persons exempt
1455
from legal process.--The following property is exempt from
1456
attachment, garnishment, or other legal process:
1457
(4) A debtor's interest in personal property, not to exceed
1458
$4,000, if the debtor does not claim or receive the benefits of a
1459
homestead exemption under s. 4, Art. X of the State Florida
1460
Constitution. This exemption does not apply to a debt owed for
1461
child support or spousal support.
1462
Reviser's note.--Amended to confirm the editorial
1463
substitution of the word "State" for the word "Florida" for
1464
contextual consistency.
1465
Section 44. Section 250.83, Florida Statutes, is amended to
1466
read:
1467
250.83 Construction of part.--In the event that any other
1468
provision of law conflicts with SCRA SSCRA, USERRA, or the
1469
provisions of this chapter, the provisions of SCRA SSCRA, USERRA,
1470
or the provisions of this chapter, whichever is applicable, shall
1471
control. Nothing in this part shall construe rights or
1472
responsibilities not provided under the SCRA SSCRA, USERRA, or
1473
this chapter.
1474
Reviser's note.--Amended to conform to the redesignation of
1475
the federal act in Title 50 United States Code.
1476
Section 45. Subsections (3) and (4) of section 253.033,
1477
Florida Statutes, are amended to read:
1478
253.033 Inter-American Center property; transfer to board;
1479
continued use for government purposes.--
1480
(3)(a) Except as provided in this subsection, in no event
1481
shall any of the lands known as "the Graves tract," including,
1482
without limitation, the land previously transferred to the City
1483
of Miami and Miami-Dade Dade County by the Inter-American Center
1484
Authority and the lands transferred pursuant to this act, be used
1485
for other than public purposes. However, the portion of "the
1486
Graves tract" owned by the City of North Miami on the effective
1487
date of this act or subsequently acquired by the city shall not
1488
be subject to such public purpose use restriction and may be used
1489
for any purpose in accordance with local building and zoning
1490
regulations.
1491
(b)1. Notwithstanding any provision of paragraph (a) or any
1492
other law to the contrary, the Board of Trustees of the Internal
1493
Improvement Trust Fund shall convey and transfer to the City of
1494
North Miami as soon as feasible that portion of "the Graves
1495
tract" described in this paragraph as set forth with
1496
particularity in s. 1, chapter 85-201, Laws of Florida, along
1497
with that certain additional portion of "the Graves tract"
1498
described as follows: Commencing at the center of Section 21,
1499
Township 52S., Range 42E., Miami-Dade Dade County, Florida, run
1500
South 87°-38'-50" West, 180.0 feet to the point of beginning of a
1501
parcel of land described as follows: run South 87°-38'-50" West
1502
804.17 feet to the east right-of-way line of State Road #5,
1503
thence run South 15°-20'-05" West for a distance of 206.85 feet,
1504
thence run North 87°-45'-31" East for a distance of 751.20 feet,
1505
thence run North 27°-50'-00" East for a distance of 229.47 feet
1506
to the point of beginning, such parcel containing 3.89 acres more
1507
or less, except for that certain portion thereof which the
1508
Department of Transportation has reserved for right-of-way for
1509
transportation facilities.
1510
2. Upon the recordation in the Official Records of Miami-
1511
Dade Dade County, Florida, by the Department of Transportation of
1512
a right-of-way map for State Road #5, which reserves a portion of
1513
the lands described in subparagraph 1., which said portion
1514
reserved is within, but smaller than, the portion reserved from
1515
the conveyance required by subparagraph 1. as accomplished by
1516
instrument recorded in page 30 of Official Record Book 14405 of
1517
the Official Records of Miami-Dade Dade County, Florida, as Deed
1518
No. 28289, pursuant to chapter 89-246, Laws of Florida, the Board
1519
of Trustees of the Internal Improvement Trust Fund shall convey
1520
and transfer to the City of North Miami as soon as feasible that
1521
additional portion of "the Graves tract" which consists of:
1522
Parcel No. 1, 'Interama Tract' Right-of-Way Reservation for State
1523
Road #5, together with Parcel No. 2, 'Interama Tract' Right-of-
1524
Way Reservation for State Road #5 as described in that certain
1525
instrument of conveyance referred to in this subparagraph as Deed
1526
No. 28289, less and except that certain portion of said Parcels
1527
No. 1 and No. 2 which is, after the effective date of this act,
1528
reserved for right-of-way for transportation facilities in a
1529
right-of-way map or like instrument hereafter filed and recorded
1530
by the Department of Transportation in the official records, so
1531
that the City of North Miami obtains title to those additional
1532
lands which are not necessary to be reserved for right-of-way for
1533
transportation facilities.
1534
3. The City of North Miami shall not be required to pay any
1535
monetary consideration for the conveyances of land specified in
1536
this paragraph, since these conveyances are in mitigation of the
1537
loss sustained by the city upon dissolution of the Inter-American
1538
Center Authority pursuant to s. 1 of chapter 75-131, Laws of
1539
Florida.
1540
(4) The Board of Trustees of the Internal Improvement Trust
1541
Fund may lease to Miami-Dade Dade County approximately 300 acres
1542
of land, and approximately 90 acres of abutting lagoon and
1543
waterways, designated as the Primary Development Area, and may
1544
also transfer to Miami-Dade Dade County all or any part of the
1545
plans, drawings, maps, etc., of the Inter-American Center
1546
Authority existing at the date of transfer, provided Miami-Dade
1547
Dade County:
1548
(a) Assumes responsibilities of the following agreements:
1549
1. That certain agreement entered into on June 12, 1972,
1550
between the City of Miami and Inter-American Center Authority
1551
whereby the authority agreed to repurchase, with revenues derived
1552
from the net operating revenue of the project developed on the
1553
leased lands after expenses and debt service requirements, the
1554
approximately 93 acres of lands previously deeded to the City of
1555
Miami as security for repayment of the $8,500,000 owed by the
1556
authority to the City of Miami. Title to the land repurchased
1557
pursuant to the provisions of this subsection shall be conveyed
1558
to the State of Florida.
1559
2. Those certain rights granted to the City of North Miami
1560
pursuant to the provisions of former s. 554.29(1)(a) and former
1561
s. 554.30 obligating the authority to issue a revenue bond to the
1562
City of North Miami, containing provisions to be determined by
1563
Miami-Dade Dade County, to be repaid from all ad valorem taxes,
1564
occupational license fees, franchise taxes, utility taxes, and
1565
cigarette taxes which would have accrued to the authority or the
1566
City of North Miami by nature of property owned by the authority
1567
having been in the City of North Miami and from the excess
1568
revenue after operating expenses, development cost and debt
1569
service requirements, of the project developed on the leased
1570
lands.
1571
(b) Develops a plan for the use of the land that meets the
1572
approval of the Board of Trustees of the Internal Improvement
1573
Trust Fund or that meets the following purposes heretofore
1574
authorized:
1575
1. To provide a permanent international center which will
1576
serve as a meeting ground for the governments and industries of
1577
the Western Hemisphere and of other areas of the world.
1578
2. To facilitate broad and continuous exchanges of ideas,
1579
persons, and products through cultural, educational, and other
1580
exchanges.
1581
3. By appropriate means, to promote mutual understanding
1582
between the peoples of the Western Hemisphere and to strengthen
1583
the ties which unite the United States with other nations of the
1584
free world.
1585
1586
Any property leased under this subsection shall not be leased for
1587
less than fair market value.
1588
Reviser's note.--Amended to conform to the redesignation of
1589
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
1590
Dade County Code.
1591
Section 46. Paragraph (g) of subsection (6) of section
1592
253.034, Florida Statutes, is amended to read:
1593
253.034 State-owned lands; uses.--
1594
(6) The Board of Trustees of the Internal Improvement Trust
1595
Fund shall determine which lands, the title to which is vested in
1596
the board, may be surplused. For conservation lands, the board
1597
shall make a determination that the lands are no longer needed
1598
for conservation purposes and may dispose of them by an
1599
affirmative vote of at least three members. In the case of a land
1600
exchange involving the disposition of conservation lands, the
1601
board must determine by an affirmative vote of at least three
1602
members that the exchange will result in a net positive
1603
conservation benefit. For all other lands, the board shall make a
1604
determination that the lands are no longer needed and may dispose
1605
of them by an affirmative vote of at least three members.
1606
(g) The sale price of lands determined to be surplus
1607
pursuant to this subsection shall be determined by the division
1608
and shall take into consideration an appraisal of the property,
1609
or, when the estimated value of the land is less than $100,000, a
1610
comparable sales analysis or a broker's opinion of value, and the
1611
price paid by the state to originally acquire the lands.
1612
1.a. A written valuation of land determined to be surplus
1613
pursuant to this subsection, and related documents used to form
1614
the valuation or which pertain to the valuation, are confidential
1615
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1616
Constitution until 2 weeks before the contract or agreement
1617
regarding the purchase, exchange, or disposal of the surplus land
1618
is first considered for approval by the board. Notwithstanding
1619
the exemption provided under this subparagraph, the division may
1620
disclose appraisals, valuations, or valuation information
1621
regarding surplus land during negotiations for the sale or
1622
exchange of the land, during the marketing effort or bidding
1623
process associated with the sale, disposal, or exchange of the
1624
land to facilitate closure of such effort or process, when the
1625
passage of time has made the conclusions of value invalid, or
1626
when negotiations or marketing efforts concerning the land are
1627
concluded.
1628
b. This subparagraph is subject to the Open Government
1629
Sunset Review Act of 1995 in accordance with s. 119.15, and shall
1630
stand repealed on October 2, 2009, unless reviewed and saved from
1631
repeal through reenactment by the Legislature.
1632
2. A unit of government that acquires title to lands
1633
hereunder for less than appraised value may not sell or transfer
1634
title to all or any portion of the lands to any private owner for
1635
a period of 10 years. Any unit of government seeking to transfer
1636
or sell lands pursuant to this paragraph shall first allow the
1637
board of trustees to reacquire such lands for the price at which
1638
the board sold such lands.
1639
Reviser's note.--Amended to conform to the renaming of the
1640
"Open Government Sunset Review Act of 1995" as the "Open
1641
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
1642
of Florida.
1643
Section 47. Subsection (2) of section 257.38, Florida
1644
Statutes, is amended to read:
1645
257.38 Manuscripts or other archival material held by local
1646
government; public records exemption.--
1647
(2) Subsection (1) is subject to the Open Government Sunset
1648
Review Act of 1995 in accordance with s. 119.15 and shall stand
1649
repealed on October 2, 2009, unless reviewed and saved from
1650
repeal through reenactment by the Legislature.
1651
Reviser's note.--Amended to conform to the renaming of the
1652
"Open Government Sunset Review Act of 1995" as the "Open
1653
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
1654
of Florida.
1655
Section 48. Subsection (5) of section 258.001, Florida
1656
Statutes, is amended to read:
1657
258.001 Park regions.--For the purpose of administering
1658
this chapter, regulating the public parks, monuments and
1659
memorials of this state, the state is divided into five park
1660
regions which are defined as:
1661
(5) FIFTH REGION.--The Counties of Lee, Hendry, Palm Beach,
1662
Collier, Broward, Miami-Dade Dade, and Monroe shall constitute
1663
the Fifth Park Region.
1664
Reviser's note.--Amended to conform to the redesignation of
1665
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
1666
Dade County Code.
1667
Section 49. Section 258.11, Florida Statutes, is amended to
1668
read:
1669
258.11 Land ceded for Royal Palm State Park;
1670
proviso.--Section fifteen, and the north half of section twenty-
1671
two of township fifty-eight south, range thirty-seven east,
1672
situated in Miami-Dade Dade County, is ceded to the Florida
1673
Federation of Women's Clubs and designated as the "Royal Palm
1674
State Park," to be cared for, protected, and to remain in the
1675
full possession and enjoyment, with all the possessory rights and
1676
privileges thereunto, belonging to the Florida Federation of
1677
Women's Clubs, for the purpose of a state park, for the benefit
1678
and use of all the people of Florida, perpetually; provided, that
1679
the Florida Federation of Women's Clubs shall procure a deed to
1680
960 acres of land in Miami-Dade Dade County, in the vicinity of
1681
said state park, suitable for agricultural purposes, conveying to
1682
said Florida Federation of Women's Clubs fee simple title
1683
thereto, said land to be used as an endowment for the perpetual
1684
use and benefit of the said park, its protection, improvement and
1685
the beautifying thereof, including the construction of roads and
1686
other improvements, either in kind or by the use of the rents and
1687
profits accruing therefrom, or the proceeds of sale thereof or
1688
any part of said endowment tract.
1689
Reviser's note.--Amended to conform to the redesignation of
1690
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
1691
Dade County Code.
1692
Section 50. Section 258.12, Florida Statutes, is amended to
1693
read:
1694
258.12 Additional lands ceded for Royal Palm State
1695
Park.--For the use and benefit of all the people of the state,
1696
the state cedes to the Florida Federation of Women's Clubs the
1697
south half of section ten, southwest quarter of section eleven,
1698
west half of section fourteen, west half of section twenty-three,
1699
south half of section twenty-two, northwest quarter of section
1700
twenty-seven, north half of section twenty-eight, and northeast
1701
quarter of section twenty-nine, township fifty-eight south, range
1702
thirty-seven east, situated in Miami-Dade Dade County, as
1703
additional acreage to "Royal Palm State Park," to be cared for
1704
and remain in the full possession and enjoyment of said Florida
1705
Federation of Women's Clubs, with all the possessory rights and
1706
privileges to the same belonging or in anywise appertaining;
1707
provided, that said land is granted to the said Florida
1708
Federation of Women's Clubs upon the express condition that said
1709
land and every part thereof shall be used as a state park for the
1710
use and benefit of all the people of Florida, and for no other
1711
purpose; and in the event said grantee shall permit or suffer the
1712
use of said land for any other purpose, or shall discontinue the
1713
use thereof for such purpose, such misuse or discontinuance shall
1714
operate as a defeasance and said land and every part thereof
1715
shall revert to the state.
1716
Reviser's note.--Amended to conform to the redesignation of
1717
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
1718
Dade County Code.
1719
Section 51. Section 258.39, Florida Statutes, is amended to
1720
read:
1721
258.39 Boundaries of preserves.--The submerged lands
1722
included within the boundaries of Nassau, Duval, St. Johns,
1723
Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte,
1724
Pinellas, Martin, Palm Beach, Miami-Dade Dade, Monroe, Collier,
1725
Lee, Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa,
1726
Hernando, and Escambia Counties, as hereinafter described, with
1727
the exception of privately held submerged lands lying landward of
1728
established bulkheads and of privately held submerged lands
1729
within Monroe County where the establishment of bulkhead lines is
1730
not required, are hereby declared to be aquatic preserves. Such
1731
aquatic preserve areas include:
1732
(1) The Fort Clinch State Park Aquatic Preserve, as
1733
described in the Official Records of Nassau County in Book 108,
1734
pages 343-346, and in Book 111, page 409.
1735
(2) Nassau River-St. Johns River Marshes Aquatic Preserve,
1736
as described in the Official Records of Duval County in Volume
1737
3183, pages 547-552, and in the Official Records of Nassau County
1738
in Book 108, pages 232-237.
1739
(3) Pellicer Creek Aquatic Preserve, as described in the
1740
Official Records of St. Johns County in Book 181, pages 363-366,
1741
and in the Official Records of Flagler County in Book 33, pages
1742
131-134.
1743
(4) Tomoka Marsh Aquatic Preserve, as described in the
1744
Official Records of Flagler County in Book 33, pages 135-138, and
1745
in the Official Records of Volusia County in Book 1244, pages
1746
615-618.
1747
(5) Mosquito Lagoon Aquatic Preserve, as described in the
1748
Official Records of Volusia County in Book 1244, pages 619-623,
1749
and in the Official Records of Brevard County in Book 1143, pages
1750
190-194.
1751
(6) Banana River Aquatic Preserve, as described in the
1752
Official Records of Brevard County in Book 1143, pages 195-198,
1753
and the sovereignty submerged lands lying within the following
1754
described boundaries: BEGIN at the intersection of the westerly
1755
ordinary high water line of Newfound Harbor with the North line
1756
of Section 12, Township 25 South, Range 36 East, Brevard County:
1757
Thence proceed northeasterly crossing Newfound Harbor to the
1758
intersection of the South line of Section 31, Township 24 South,
1759
Range 37 East, with the easterly ordinary high water line of said
1760
Newfound Harbor; thence proceed northerly along the easterly
1761
ordinary high water line of Newfound Harbor to its intersection
1762
with the easterly ordinary high water line of Sykes Creek; thence
1763
proceed northerly along the easterly ordinary high water line of
1764
said creek to its intersection with the southerly right-of-way of
1765
Hall Road; thence proceed westerly along said right-of-way to the
1766
westerly ordinary high water line of Sykes Creek; thence
1767
southerly along said ordinary high water line to its intersection
1768
with the ordinary high water line of Newfound Harbor; thence
1769
proceed southerly along the westerly ordinary high water line of
1770
Newfound Harbor to the POINT OF BEGINNING.
1771
(7)(a) Indian River-Malabar to Vero Beach Aquatic Preserve,
1772
as described in the Official Records of Brevard County in Book
1773
1143, pages 199-202, and in the Official Records of Indian River
1774
County in Book 368, pages 5-8 and the sovereignty submerged lands
1775
lying within the following described boundaries, excluding those
1776
lands contained within the corporate boundary of the City of Vero
1777
Beach as of the effective date of this act: Commence at the
1778
intersection of the north line of Section 31, Township 28 South,
1779
Range 38 East, and the westerly mean high water line of Indian
1780
River for a point of beginning; thence from the said point of
1781
beginning proceed northerly, westerly, and easterly along the
1782
mean high water line of Indian River and its navigable
1783
tributaries to an intersection with the north line of Section 24,
1784
Township 28 South, Range 37 East; thence proceed easterly, to a
1785
point on the easterly mean high water line of Indian River at its
1786
intersection with the north line of Section 20, Township 28
1787
South, Range 38 East; thence proceed southerly, along the
1788
easterly mean high water line of Indian River to the most
1789
westerly tip of Blue Fish Point in said Section 20, thence
1790
proceed southwesterly to the intersection of the westerly mean
1791
high water line of Indian River with the north line of Section
1792
31, Township 28 South, Range 38 East and the point of beginning:
1793
And also commence at the intersection of the northern Vero Beach
1794
city limits line in Section 25, Township 32 South, Range 39 East,
1795
and the westerly mean high water line of Indian River for the
1796
point of beginning: Thence from the said point of beginning
1797
proceed northerly, along the westerly mean high water line of
1798
Indian River and its navigable tributaries to an intersection
1799
with the south line of Section 14, Township 30 South, Range 38
1800
East; thence proceed easterly, along the easterly projection of
1801
the south line of said Section 14, to an intersection with the
1802
easterly right-of-way line of the Intracoastal Waterway; thence
1803
proceed southerly, along the easterly right-of-way line of the
1804
Intracoastal Waterway, to an intersection with the northerly line
1805
of the Pelican Island National Wildlife Refuge; thence proceed
1806
easterly, along the northerly line of the Pelican Island National
1807
Wildlife Refuge, to an intersection with the easterly mean high
1808
water line of Indian River; thence proceed southerly along the
1809
easterly mean high water line of Indian River and its
1810
tributaries, to an intersection with the northern Vero Beach city
1811
limits line in Section 30, Township 32 South, Range 40 East;
1812
thence proceed westerly and southerly, along the northern Vero
1813
Beach city limits line to an intersection with the easterly mean
1814
high water line of Indian River and the point of beginning.
1815
(b) For purposes of the Indian River-Malabar to Vero Beach
1816
Aquatic Preserve, a lease of sovereign submerged lands for a
1817
noncommercial dock may be deemed to be in the public interest
1818
when the noncommercial dock constitutes a reasonable exercise of
1819
riparian rights and is consistent with the preservation of the
1820
exceptional biological, aesthetic, or scientific values which the
1821
aquatic preserve was created to protect.
1822
(8) Indian River-Vero Beach to Fort Pierce Aquatic
1823
Preserve, as described in the Official Records of Indian River
1824
County in Book 368, pages 9-12, and in the Official Records of
1825
St. Lucie County in Book 187, pages 1083-1086. More specifically,
1826
within that description, the southern corporate line of Vero
1827
Beach refers to the southerly corporate boundary line of Vero
1828
Beach as it existed on June 3, 1970, which is also a westerly
1829
projection of the south boundary of "Indian Bay" subdivision as
1830
recorded in Plat Book 3, page 43, Docket No. 59267, Public
1831
Records of Indian River County, and State Road A1A refers to
1832
State Road A1A, North Beach Causeway, located north of Fort
1833
Pierce Inlet.
1834
(9) Jensen Beach to Jupiter Inlet Aquatic Preserve, as
1835
described in the Official Records of St. Lucie County in Book
1836
218, pages 2865-2869. More specifically, within that description,
1837
the southerly corporate line of the City of Fort Pierce refers to
1838
the southerly corporate boundary line of the City of Fort Pierce
1839
as it existed in 1969; and the western boundary of the preserve
1840
as it crosses the St. Lucie River is more specifically described
1841
as a line which connects the intersection point of the westerly
1842
mean high-water line of the Indian River and the northerly mean
1843
high-water line of the St. Lucie River to the intersection point
1844
of the intersection of the westerly mean high-water line of the
1845
Intracoastal Waterway and the southerly mean high-water line of
1846
the St. Lucie River, lands within this preserve are more
1847
particularly described as lying and being in Sections 12, 13, 26,
1848
35, and 36, Township 35 South, Range 40 East, and Sections 18,
1849
19, 29, 30, and 32, Township 35 South, Range 41 East, and
1850
Sections 1 and 12, Township 36 South, Range 40 East, and Sections
1851
5, 7, 8, 9, 16, 17, 18, 19, 20, 22, 27, 29, 32, and 34, Township
1852
36 South, Range 41 East, and Sections 2, 3, 4, 9, 10, 11, 13, 14,
1853
15, 22, 23, 24, 26, 35, and 36, Township 37 South, Range 41 East,
1854
and Sections 19, 30, 31, and 32, Township 37 South, Range 42
1855
East, and Sections 1 and 12, Township 38 South, Range 41 East,
1856
and Sections 5, 6, 8, 16, 17, 19, 20, 21, 28, 29, 32, and 33,
1857
Township 38 South, Range 42 East, including the eastern portion
1858
of the Hanson Grant, east of Rocky Point Cove, and west of St.
1859
Lucie Inlet State Park, and portions of the Gomez Grant lying
1860
adjacent to Peck Lake and South Jupiter Narrows, and Sections 25,
1861
26, 35, and 36, Township 39 South, Range 42 East, and Sections 1,
1862
12, and 13, Township 40 South, Range 42 East, and Sections 7, 18,
1863
19, 30, 31, and 32, Township 40 South, Range 43 East.
1864
(10) Loxahatchee River-Lake Worth Creek Aquatic Preserve,
1865
as described in the Official Records of Martin County in Book
1866
320, pages 193-196, and in the Official Records of Palm Beach
1867
County in Volume 1860, pages 806-809, and the sovereignty
1868
submerged lands lying within the following described boundaries:
1869
Begin at the intersection of the easterly mean high water line of
1870
the North Fork of the Loxahatchee River with the northerly mean
1871
high water line of the Loxahatchee River, being in Section 36,
1872
Township 40 South, Range 43 East, Palm Beach County: Thence
1873
proceed easterly along the northerly mean high water line of the
1874
Loxahatchee River to the westerly right-of-way of U.S. Highway 1;
1875
thence proceed southerly along said right-of-way to the southerly
1876
mean high water line of said river; thence proceed easterly along
1877
the southerly mean high water line of said river to its
1878
intersection with the easterly mean high water line of the Lake
1879
Worth Creek; thence proceed northwesterly crossing the
1880
Loxahatchee River to the point of beginning: And also: Commence
1881
at the southwest corner of Section 16, Township 40 South, Range
1882
42 East Martin County; thence proceed north along the west line
1883
of Section 16 to the mean high water line of the Loxahatchee
1884
River being the point of beginning: Thence proceed southerly
1885
along the easterly mean high water line of said river and its
1886
tributaries to a point of nonnavigability; thence proceed
1887
westerly to the westerly mean high water line of said river;
1888
thence proceed northerly along the westerly mean high water line
1889
of said river and its tributaries to its intersection with the
1890
westerly line of Section 16, Township 40 South, Range 42 East;
1891
thence proceed southerly along the said westerly section line to
1892
the point of beginning: And also begin where the southerly mean
1893
high water line of the Southwest Fork of the Loxahatchee River
1894
intersects the westerly line of Section 35, Township 40 South,
1895
Range 42 East: Thence proceed southwesterly along the southerly
1896
mean high water line of the Southwest Fork to the northeasterly
1897
face of structure #46; thence proceed northwesterly along the
1898
face of said structure to the northerly mean high water line of
1899
the Southwest Fork; thence proceed northeasterly along said mean
1900
high water line to its intersection with the westerly line of
1901
Section 35, Township 40 South, Range 42 East; thence proceed
1902
southerly along westerly line of said section to the point of
1903
beginning.
1904
(11) Biscayne Bay-Cape Florida to Monroe County Line
1905
Aquatic Preserve, as described in the Official Records of Miami-
1906
Dade Dade County in Book 7055, pages 852-856, less, however,
1907
those lands and waters as described in s. 258.397.
1908
(12) North Fork, St. Lucie Aquatic Preserve, as described
1909
in the Official Records of Martin County in Book 337, pages 2159-
1910
2162, and in the Official Records of St. Lucie County in Book
1911
201, pages 1676-1679.
1912
(13) Yellow River Marsh Aquatic Preserve, as described in
1913
the Official Records of Santa Rosa County in Book 206, pages 568-
1914
571.
1915
(14) Fort Pickens State Park Aquatic Preserve, as described
1916
in the Official Records of Santa Rosa County in Book 220, pages
1917
60-63, and in the Official Records of Escambia County in Book
1918
518, pages 659-662.
1919
(15) Rocky Bayou State Park Aquatic Preserve, as described
1920
in the Official Records of Okaloosa County in Book 593, pages
1921
742-745.
1922
(16) St. Andrews State Park Aquatic Preserve, as described
1923
in the Official Records of Bay County in Book 379, pages 547-550.
1924
(17) St. Joseph Bay Aquatic Preserve, as described in the
1925
Official Records of Gulf County in Book 46, pages 73-76.
1926
(18) Apalachicola Bay Aquatic Preserve, as described in the
1927
Official Records of Gulf County in Book 46, pages 77-81, and in
1928
the Official Records of Franklin County in Volume 98, pages 102-
1929
106.
1930
(19) Alligator Harbor Aquatic Preserve, as described in the
1931
Official Records of Franklin County in Volume 98, pages 82-85.
1932
(20) St. Martins Marsh Aquatic Preserve, as described in
1933
the Official Records of Citrus County in Book 276, pages 238-241.
1934
(21) Matlacha Pass Aquatic Preserve, as described in the
1935
Official Records of Lee County in Book 800, pages 725-728.
1936
(22) Pine Island Sound Aquatic Preserve, as described in
1937
the Official Records of Lee County in Book 648, pages 732-736.
1938
(23) Cape Romano-Ten Thousand Islands Aquatic Preserve, as
1939
described in the Official Records of Collier County in Book 381,
1940
pages 298-301.
1941
(24) Lignumvitae Key Aquatic Preserve, as described in the
1942
Official Records of Monroe County in Book 502, pages 139-142.
1943
(25) Coupon Bight Aquatic Preserve, as described in the
1944
Official Records of Monroe County in Book 502, pages 143-146.
1945
(26) Lake Jackson Aquatic Preserve, as established by
1946
chapter 73-534, Laws of Florida, and defined as authorized by
1947
law.
1948
(27) Pinellas County Aquatic Preserve, as established by
1949
chapter 72-663, Laws of Florida; Boca Ciega Aquatic Preserve, as
1950
established by s. 258.396; and the Biscayne Bay Aquatic Preserve,
1951
as established by s. 258.397. If any provision of this act is in
1952
conflict with an aquatic preserve established by s. 258.396,
1953
chapter 72-663, Laws of Florida, or s. 258.397, the stronger
1954
provision for the maintenance of the aquatic preserve shall
1955
prevail.
1956
(28) Estero Bay Aquatic Preserve, the boundaries of which
1957
are generally: All of those sovereignty submerged lands located
1958
bayward of the mean high-water line being in Sections 13, 14, 15,
1959
16, 17, 18, 21, 22, 23, 24, 25, 26, 27, 35, and 36, Township 46
1960
South, Range 24 East; and in Sections 19, 20, 28, 29, and 34,
1961
Township 46 South, Range 24 East, lying north and east of
1962
Matanzas Pass Channel; and in Sections 19, 30, and 31, Township
1963
46 South, Range 25 East; and in Sections 6, 7, 17, 18, 19, 20,
1964
29, 30, 31, and 32, Township 47 South, Range 25 East; and in
1965
Sections 1, 2, 3, 11, 12, 13, 14, 24, and 25, Township 47 South,
1966
Range 24 East, in Lee County, Florida. Any and all submerged
1967
lands conveyed by the Trustees of the Internal Improvement Trust
1968
Fund prior to October 12, 1966, and any and all uplands now in
1969
private ownership are specifically exempted from this preserve.
1970
(29) Cape Haze Aquatic Preserve, the boundaries of which
1971
are generally: That part of Gasparilla Sound, Catfish Creek,
1972
Whiddon Creek, "The Cutoff," Turtle Bay, and Charlotte Harbor
1973
lying within the following described limits: Northerly limits:
1974
Commence at the northwest corner of Section 18, Township 42
1975
South, Range 21 East, thence south along the west line of said
1976
Section 18 to its intersection with the Government Meander Line
1977
of 1843-1844, and the point of beginning, thence southeasterly
1978
along said meander line to the northwesterly shoreline of Catfish
1979
Creek, thence northeasterly along said shoreline to the north
1980
line of said Section 18, thence east along said north line to the
1981
easterly shoreline of Catfish Creek, thence southeasterly along
1982
said shoreline to the east line of said Section 18, thence south
1983
along said east line, crossing an arm of said Catfish Creek to
1984
the southerly shoreline of said creek, thence westerly along said
1985
southerly shoreline and southerly along the easterly shoreline of
1986
Catfish Creek to said Government Meander Line, thence easterly
1987
and southeasterly along said meander line to the northerly
1988
shoreline of Gasparilla Sound in Section 21, Township 42 South,
1989
Range 21 East, thence easterly along said northerly shoreline and
1990
northeasterly along the westerly shoreline of Whiddon Creek to
1991
the east west quarter line in Section 16, Township 42 South,
1992
Range 21 East, thence east along said quarter line and the
1993
quarter Section line of Section 15, Township 42 South, Range 21
1994
East to the easterly shoreline of Whiddon Creek, thence southerly
1995
along said shoreline to the northerly shoreline of "The Cutoff,"
1996
thence easterly along said shoreline to the westerly shoreline of
1997
Turtle Bay, thence northeasterly along said shoreline to its
1998
intersection with said Government Meander Line in Section 23,
1999
Township 42 South, Range 21 East, thence northeasterly along said
2000
meander line to the east line of Section 12, Township 42 South,
2001
Range 21 East, thence north along the east line of said Section
2002
12, and the east line of Section 1, Township 42 South, Range 21
2003
East to the northwest corner of Section 6, Township 42 South,
2004
Range 22 East, thence east along the north line and extension
2005
thereof of said Section 6 to a point 2,640 feet east of the
2006
westerly shoreline of Charlotte Harbor and the end of the
2007
northerly limits. Easterly limits: Commence at the northwest
2008
corner of Section 6, Township 42 South, Range 22 East, thence
2009
east along the north line of said Section 6 and extension thereof
2010
to a point 2,640 feet east of the westerly shoreline of Charlotte
2011
Harbor and the point of beginning, thence southerly along a line
2012
2,640 feet easterly of and parallel with the westerly shoreline
2013
of Charlotte Harbor and along a southerly extension of said line
2014
to the line dividing Charlotte and Lee Counties and the end of
2015
the easterly limits. Southerly limits: Begin at the point of
2016
ending of the easterly limits, above described, said point being
2017
in the line dividing Charlotte and Lee Counties, thence
2018
southwesterly along a straight line to the most southerly point
2019
of Devil Fish Key, thence continue along said line to the
2020
easterly right-of-way of the Intracoastal Waterway and the end of
2021
the southerly limits. Westerly limits: Begin at the point of
2022
ending of the southerly limits as described above, thence
2023
northerly along the easterly right-of-way line of the
2024
Intracoastal Waterway to its intersection with a southerly
2025
extension of the west line of Section 18, Township 42 South,
2026
Range 21 East, thence north along said line to point of
2027
beginning.
2028
(30) Wekiva River Aquatic Preserve, the boundaries of which
2029
are generally: All the state-owned sovereignty lands lying
2030
waterward of the ordinary high-water mark of the Wekiva River and
2031
the Little Wekiva River and their tributaries lying and being in
2032
Lake, Seminole, and Orange counties and more particularly
2033
described as follows:
2034
(a) In Sections 15, 16, 17, 20, 21, 22, 27, 28, 29, and 30,
2035
Township 20 South, Range 29 East. These sections are also
2036
depicted on the Forest City Quadrangle (U.S.G.S. 7.5 minute
2037
series-topographic) 1959 (70PR); and
2038
(b) In Sections 3, 4, 8, 9, and 10, Township 20 South,
2039
Range 29 East and in Sections 21, 28, and 33, Township 19 South,
2040
Range 29 East lying north of the right-of-way for the Atlantic
2041
Coast Line Railroad and that part of Section 33, Township 19
2042
South, Range 29 East lying between the Lake and Orange County
2043
lines and the right-of-way of the Atlantic Coast Line Railroad.
2044
These sections are also depicted on the Sanford SW Quadrangle
2045
(U.S.G.S. 7.5 minute series-topographic) 1965 (70-1); and
2046
(c) All state-owned sovereignty lands, public lands, and
2047
lands whether public or private below the ordinary high-water
2048
mark of the Wekiva River and the Little Wekiva and their
2049
tributaries within the Peter Miranda Grant in Lake County lying
2050
below the 10 foot m.s.l. contour line nearest the meander line of
2051
the Wekiva River and all state-owned sovereignty lands, public
2052
lands, and lands whether public or private below the ordinary
2053
high-water mark of the Wekiva River and the Little Wekiva and
2054
their tributaries within the Moses E. Levy Grant in Lake County
2055
below the 10 foot m.s.l. contour line nearest the meander lines
2056
of the Wekiva River and Black Water Creek as depicted on the PINE
2057
LAKES 1962 (70-1), ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1),
2058
and SANFORD S.W. 1965 (70-1) QUADRANGLES (U.S.G.S. 7.5 minute
2059
topographic); and
2060
(d) All state-owned sovereignty lands, public lands, and
2061
lands whether public or private below the ordinary high-water
2062
mark of the Wekiva River and the Little Wekiva River and their
2063
tributaries lying below the 10 foot m.s.l. contour line nearest
2064
the meander line of the Wekiva and St. Johns Rivers as shown on
2065
the ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1), and SANFORD
2066
S.W. 1965 (70-1) QUADRANGLES (U.S.G.S. 7.5 minute topographic)
2067
within the following described property: Beginning at a point on
2068
the south boundary of the Moses E. Levy Grant, Township 19 South,
2069
Range 29 East, at its intersection with the meander line of the
2070
Wekiva River; thence south 60 1/2 degrees east along said
2071
boundary line 4,915.68 feet; thence north 29 1/2 degrees east
2072
15,516.5 feet to the meander line of the St. Johns River; thence
2073
northerly along the meander line of the St. Johns River to the
2074
mouth of the Wekiva River; thence southerly along the meander
2075
line of the Wekiva River to the beginning; and
2076
(e) All state-owned sovereignty lands, public lands, and
2077
lands whether public or private below the ordinary high-water
2078
mark of the Wekiva River and the Little Wekiva River and their
2079
tributaries within the Peter Miranda Grant lying east of the
2080
Wekiva River, less the following:
2081
1. State Road 46 and all land lying south of said State
2082
Road No. 46.
2083
2. Beginning 15.56 chains West of the Southeast corner of
2084
the SW 1/4 of the NE 1/4 of Section 21, Township 19 South, Range
2085
29 East, run east 600 feet; thence north 960 feet; thence west
2086
340 feet to the Wekiva River; thence southwesterly along said
2087
Wekiva River to point of beginning.
2088
3. That part of the east 1/4 of the SW 1/4 of Section 22,
2089
Township 19 South, Range 29 East, lying within the Peter Miranda
2090
Grant east of the Wekiva River.
2091
(f) All the sovereignty submerged lands lying within the
2092
following described boundaries: Begin at the intersection of
2093
State Road 44 and the westerly ordinary high water line of the
2094
St. Johns River, Section 22, Township 17 South, Range 29 East,
2095
Lake County: Thence proceed southerly along the westerly ordinary
2096
high water line of said river and its tributaries to the
2097
intersection of the northerly right-of-way of State Road 400;
2098
thence proceed northeasterly along said right-of-way to the
2099
easterly ordinary high water line of the St. Johns River; thence
2100
proceed northerly along said ordinary high water line of the St.
2101
Johns River and its tributaries to its intersection with the
2102
easterly ordinary high water line of Lake Beresford; thence
2103
proceed northerly along the ordinary high water line of said lake
2104
to its intersection with the westerly line of Section 24,
2105
Township 17 South, Range 29 East; thence proceed northerly to the
2106
southerly right-of-way of West New York Avenue; thence proceed
2107
westerly along the southerly right-of-way of said avenue to its
2108
intersection with the southerly right-of-way line of State Road
2109
44; thence proceed southwesterly along said right-of-way to the
2110
point of beginning.
2111
(31) Rookery Bay Aquatic Preserve, the boundaries of which
2112
are generally: All of the state-owned sovereignty lands lying
2113
waterward of the mean high-water line in Rookery Bay and in
2114
Henderson Creek and the tributaries thereto in Collier County,
2115
Florida. Said lands are more particularly described as lying and
2116
being in Sections 27, 34, 35, and 36, Township 50 South, Range 25
2117
East; in Section 31, Township 50 South, Range 26 East; in
2118
Sections 1, 2, 3, 10, 11, 12, 13, 14, 23, 24, and 25, Township 51
2119
South, Range 25 East; and in Sections 5, 6, 7, 8, 9, 10, 15, 16,
2120
17, 18, 19, 20, 30, and 31, Township 51 South, Range 26 East,
2121
Collier County, Florida, and all the sovereignty submerged lands
2122
lying within the following described boundaries: Begin at the
2123
southwest corner of Section 30, Township 52 South, Range 27 East,
2124
Collier County: Thence proceed easterly along the southerly line
2125
of said Section 30 to the southwest corner of Section 29,
2126
Township 52 South, Range 27 East; proceed thence northerly along
2127
the westerly lines of Sections 29, 20 and 17 to the northwest
2128
corner of said Section 17; thence proceed westerly along the
2129
northerly line of Section 18 to the southeast corner of Section
2130
12, Township 52 South, Range 26 East; thence proceed northerly
2131
along the easterly lines of Sections 12, 1, 36 and 25 to the
2132
northeast corner of said Section 25, Township 51 South, Range 26
2133
East; thence proceed westerly along the northerly lines of
2134
Sections 25 and 26 to the northwest corner of said Section 26;
2135
thence proceed northerly to northeast corner of said Section 22;
2136
thence proceed westerly along the northerly lines of Sections 22
2137
and 21 to the northwest corner of said Section 21; thence proceed
2138
southerly to the southwest corner of said Section 21; thence
2139
proceed westerly along the northerly line of Section 29 to the
2140
northwest corner thereof; thence proceed southerly along the
2141
westerly lines of Sections 29 and 32 to the southwest corner of
2142
said Section 32; thence proceed westerly to the northwest corner
2143
of Section 6, Township 52 South, Range 26 East; thence proceed
2144
southerly along a projection of Range line 25 East to its
2145
intersection with a line which runs westerly from the southwest
2146
corner of Cape Romano - Ten Thousand Islands Aquatic Preserve;
2147
thence proceed easterly to the southwest corner of Cape Romano -
2148
Ten Thousand Islands Aquatic Preserve; thence proceed northerly
2149
to the point of beginning. Less and except: Begin at the
2150
southeast corner of Section 21, Township 52 South, Range 26 East;
2151
thence proceed northerly along the easterly lines of Sections 21
2152
and 16 to the northeast corner of said Section 16, thence proceed
2153
northerly to the thread of John Stevens Creek; thence proceed
2154
northwesterly along the thread of said creek to its intersection
2155
with the thread of Marco River; thence proceed northwesterly and
2156
westerly along the thread of said river to its intersection with
2157
the thread of Big Marco Pass; thence proceed southwesterly along
2158
the thread of Big Marco Pass to its intersection with Range line
2159
25 East; thence proceed southerly along Range line 25 East to a
2160
point which is west from the point of beginning: Thence proceed
2161
easterly to the point of beginning.
2162
(32) Rainbow Springs Aquatic Preserve, the boundaries of
2163
which are generally: Commencing at the intersection of Blue Run
2164
with the Withlacoochee River in Section 35, Township 16 South,
2165
Range 18 East; thence run southeasterly and easterly along said
2166
Blue Run to the east boundary of said Section 35; thence continue
2167
easterly and northerly along said Blue Run through Section 36,
2168
Township 16 South, Range 18 East, to the north boundary of said
2169
Section 36; thence continue northerly and northeasterly along
2170
said Blue Run in Section 25, Township 16 South, Range 18 East, to
2171
the north boundary of the city limits of Dunnellon, Florida;
2172
thence from the north boundary of the city limits of Dunnellon,
2173
Florida, in Section 25, Township 16 South, Range 18 East; thence
2174
run easterly along said Blue Run to its intersection with the
2175
east boundary line of said Section 25; thence continue easterly
2176
along said Rainbow River (Blue Run) into Section 30, Township 16
2177
South, Range 19 East, thence northerly along said Rainbow River
2178
(Blue Run) through Sections 30 and 19, Township 16 South, Range
2179
19 East, to a point on the north boundary of the northwest 1/4 of
2180
Section 18; thence continue to run northwesterly to the head of
2181
Rainbow Springs in Section 12, Township 16 South, Range 18 East.
2182
2183
Any and all submerged lands theretofore conveyed by the Trustees
2184
of the Internal Improvement Trust Fund and any and all uplands
2185
now in private ownership are specifically exempted from this
2186
dedication.
2187
Reviser's note.--Amended to conform to the redesignation of
2188
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2189
Dade County Code.
2190
Section 52. Subsection (1), paragraph (a) of subsection
2191
(2), paragraph (e) of subsection (3), and subsections (6) and (7)
2192
of section 258.397, Florida Statutes, are amended to read:
2193
258.397 Biscayne Bay Aquatic Preserve.--
2194
(1) DESIGNATION.--Biscayne Bay in Miami-Dade Dade and
2195
Monroe Counties, as hereinafter described to include Card Sound,
2196
is designated and established as an aquatic preserve under the
2197
provisions of this section. It is the intent of the Legislature
2198
that Biscayne Bay be preserved in an essentially natural
2199
condition so that its biological and aesthetic values may endure
2200
for the enjoyment of future generations.
2201
(2) BOUNDARIES.--
2202
(a) For the purposes of this section, Biscayne Bay,
2203
sometimes referred to in this section as "the preserve," shall be
2204
comprised of the body of water in Miami-Dade Dade and Monroe
2205
Counties known as Biscayne Bay whose boundaries are generally
2206
defined as follows:
2207
Begin at the southwest intersection of the right-of-way of
2208
State Road 826 and the mean high-water line of Biscayne Bay
2209
(Township 52 South, Range 42 East, Miami-Dade Dade County);
2210
thence southerly along the westerly mean high-water line of
2211
Biscayne Bay to its intersection with the right-of-way of State
2212
Road 905A (Township 59 South, Range 40 East, Monroe County);
2213
thence easterly along such right-of-way to the easterly mean
2214
high-water line of Biscayne Bay; thence northerly along the
2215
easterly mean high-water line of Biscayne Bay following the
2216
westerly shores of the most easterly islands and Keys with
2217
connecting lines drawn between the closest points of adjacent
2218
islands to the southeasterly intersection of the right-of-way of
2219
State Road 826 and the mean high-water line of Biscayne Bay;
2220
thence westerly to the point of beginning. Said boundary extends
2221
across the mouths of all artificial waterways, but includes all
2222
natural waterways tidally connected to Biscayne Bay. Excluded
2223
from the preserve are those submerged lands conveyed to the
2224
United States for the establishment of the Biscayne National
2225
Monument as defined by Pub. L. No. 90-606 of the United States.
2226
(3) AUTHORITY OF TRUSTEES.--The Board of Trustees of the
2227
Internal Improvement Trust Fund is authorized and directed to
2228
maintain the aquatic preserve hereby created pursuant and subject
2229
to the following provisions:
2230
(e) Notwithstanding other provisions of this section, the
2231
board of trustees may, respecting lands lying within Biscayne
2232
Bay:
2233
1. Enter into agreements for and establish lines
2234
delineating sovereignty and privately owned lands.
2235
2. Enter into agreements for the exchange of, and exchange,
2236
sovereignty lands for privately owned lands.
2237
3. Accept gifts of land within or contiguous to the
2238
preserve.
2239
4. Negotiate for, and enter into agreements with owners of
2240
lands contiguous to sovereignty lands for, any public and private
2241
use of any of such lands.
2242
5. Take any and all actions convenient for, or necessary
2243
to, the accomplishment of any and all of the acts and matters
2244
authorized by this paragraph.
2245
6. Conduct restoration and enhancement efforts in Biscayne
2246
Bay and its tributaries.
2247
7. Stabilize eroding shorelines of Biscayne Bay and its
2248
tributaries that are contributing to turbidity by planting
2249
natural vegetation to the greatest extent feasible and by the
2250
placement of riprap, as determined by Miami-Dade Dade County in
2251
conjunction with the Department of Environmental Protection.
2252
8. Request the South Florida Water Management District to
2253
enter into a memorandum of understanding with the Department of
2254
Environmental Protection, the Biscayne National Park Service, the
2255
Miami-Dade Metro-Dade County Department of Environmental
2256
Resources Management and, at their option, the Corps of Engineers
2257
to include enhanced marine productivity in Biscayne Bay as an
2258
objective when operating the Central and Southern Florida Flood
2259
Control projects consistently with the goals of the water
2260
management district, including flood protection, water supply,
2261
and environmental protection.
2262
(6) DISCHARGE OF WASTES PROHIBITED.--No wastes or effluents
2263
which substantially inhibit the accomplishment of the purposes of
2264
this section shall be discharged into the preserve. In order to
2265
ensure that these objectives are met, the following shall be
2266
required:
2267
(a) The Department of Environmental Protection, in
2268
cooperation with the South Florida Water Management District and
2269
Miami-Dade Dade County, shall investigate stormwater management
2270
practices within the watershed and shall develop a corrective
2271
plan for management and treatment of stormwater. The plan shall
2272
provide for retrofitting of stormwater outfalls causing the
2273
greatest environmental damage to the bay.
2274
(b) The Department of Environmental Protection, in
2275
cooperation with Miami-Dade Dade County, shall develop a program
2276
to regulate the use of pumpout facilities in the Biscayne Bay
2277
area and along the Miami River.
2278
(c) The Department of Environmental Protection, in
2279
cooperation with Miami-Dade Dade County, shall develop a program
2280
to eliminate, to the greatest extent possible, the discharge of
2281
oil and other pollutants from ships and to remove derelict
2282
vessels from the Miami River and the Biscayne Bay area.
2283
(7) ENFORCEMENT.--The provisions of this section may be
2284
enforced in accordance with the provisions of s. 403.412. In
2285
addition, the Department of Legal Affairs is authorized to bring
2286
an action for civil penalties of $5,000 per day against any
2287
person, natural or corporate, who violates the provisions of this
2288
section or any rule or regulation issued hereunder. Enforcement
2289
of applicable state regulations shall be supplemented by the
2290
Miami-Dade Metro-Dade County Department of Environmental
2291
Resources Management through the creation of a full-time
2292
enforcement presence along the Miami River.
2293
Reviser's note.--Amended to conform to the redesignation of
2294
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2295
Dade County Code and the current name of the Miami-Dade
2296
County Department of Environmental Resources Management.
2297
Section 53. Section 286.0111, Florida Statutes, is amended
2298
to read:
2299
286.0111 Legislative review of certain exemptions from
2300
requirements for public meetings and recordkeeping by
2301
governmental entities.--The provisions of s. 119.15, the Open
2302
Government Sunset Review Act of 1995, apply to the provisions of
2303
law which provide exemptions to s. 286.011, as provided in s.
2304
2305
Reviser's note.--Amended to conform to the renaming of the
2306
"Open Government Sunset Review Act of 1995" as the "Open
2307
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
2308
of Florida.
2309
Section 54. Paragraph (e) of subsection (2) of section
2310
288.0655, Florida Statutes, is amended to read:
2311
288.0655 Rural Infrastructure Fund.--
2312
(2)
2313
(e) To enable local governments to access the resources
2315
award grants for surveys, feasibility studies, and other
2316
activities related to the identification and preclearance review
2317
of land which is suitable for preclearance review. Authorized
2318
grants under this paragraph shall not exceed $75,000 each, except
2319
in the case of a project in a rural area of critical economic
2320
concern, in which case the grant shall not exceed $300,000. Any
2321
funds awarded under this paragraph must be matched at a level of
2322
50 percent with local funds, except that any funds awarded for a
2323
project in a rural area of critical economic concern must be
2324
matched at a level of 33 percent with local funds. In evaluating
2325
applications under this paragraph, the office shall consider the
2326
extent to which the application seeks to minimize administrative
2327
and consultant expenses.
2328
Reviser's note.--Amended to conform to the repeal of s.
2329
403.973(4) by s. 23, ch. 2007-105, Laws of Florida.
2330
Section 55. Paragraph (b) of subsection (2) of section
2331
288.1223, Florida Statutes, is amended to read:
2332
288.1223 Florida Commission on Tourism; creation; purpose;
2333
membership.--
2334
(2)
2335
(b) When making the 17 general tourism-industry-related
2336
appointments to the commission, the Governor shall appoint
2337
persons who are residents of the state, recognized tourism
2338
leaders, including, but not limited to, representatives of
2339
tourist development councils, convention and visitor bureaus, and
2340
associations, and chairs of the board, presidents, chief
2341
executive officers, chief operating officers, or persons of
2342
comparable executive level or influence of leading or otherwise
2343
important tourism industries. Consideration shall be given to
2344
appointing members who represent those tourist-related lodging,
2345
retail, attraction, and transportation industries which
2346
contribute significantly to the promotion of Florida as a tourist
2347
destination from their private budgets and publicly through their
2348
voluntary tourism promotion investment contributions. Minority
2349
persons, as defined in s. 288.703, shall be included in the
2350
appointments to the commission and to any advisory committee
2351
appointed by the commission, so that the commission and advisory
2352
committees are broadly representative of the population of
2353
Florida. In addition, members shall be appointed in such a manner
2354
as to equitably represent all geographic areas of the state, with
2355
no fewer than two and no more than four members from any of the
2356
following regions:
2357
1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
2358
Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
2359
Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
2360
2. Region 2, composed of Alachua, Baker, Bradford, Clay,
2361
Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
2362
Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
2363
Taylor, and Union Counties.
2364
3. Region 3, composed of Brevard, Indian River, Lake,
2365
Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
2366
Volusia Counties.
2367
4. Region 4, composed of Citrus, Hernando, Hillsborough,
2368
Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
2369
5. Region 5, composed of Charlotte, Collier, DeSoto,
2370
Glades, Hardee, Hendry, Highlands, and Lee Counties.
2371
6. Region 6, composed of Broward, Dade, Martin, Miami-Dade,
2372
Monroe, and Palm Beach Counties.
2373
2374
No more than one member may be an employee of any one company,
2375
organization, council, or bureau.
2376
Reviser's note.--Amended to conform to the redesignation of
2377
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2378
Dade County Code.
2379
Section 56. Paragraph (e) of subsection (1) and paragraph
2380
(d) of subsection (4) of section 288.1254, Florida Statutes, are
2381
amended to read:
2382
288.1254 Entertainment industry financial incentive
2383
program.--
2384
(1) DEFINITIONS.--As used in this section, the term:
2385
(e) "Production" means a theatrical or direct-to-video
2386
motion picture; a made-for-television motion picture; a
2387
commercial; a music video; an industrial or educational film; an
2388
infomercial; a documentary film; a television pilot program; a
2389
presentation for a television pilot program; a television series,
2390
including, but not limited to, a drama, a reality show, a comedy,
2391
a soap opera, a telenovela, a game show, or a miniseries
2392
production; or a digital media project by the entertainment
2393
industry. One season of a television series is considered one
2394
production. The term excludes a weather or market program; a
2395
sporting event; a sports show; a gala; a production that solicits
2396
funds; a home shopping program; a political program; a political
2397
documentary; political advertising; a gambling-related project or
2398
production; a concert production; a pornographic production; or a
2399
local, regional, or Internet-distributed-only news show, current-
2400
events show, pornographic production, or current-affairs show. A
2401
production may be produced on or by film, tape, or otherwise by
2402
means of a motion picture camera; electronic camera or device;
2403
tape device; computer; any combination of the foregoing; or any
2404
other means, method, or device now used or later adopted.
2405
(4) PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF
2406
ELIGIBILITY; QUEUES.--
2407
(d) Digital media projects queue.--Ten percent of incentive
2408
funding appropriated in any state fiscal year shall be dedicated
2409
to the digital media projects queue. A production certified under
2410
this queue is eligible for a reimbursement equal to 10 percent of
2411
if its actual qualified expenditures. A qualified production that
2412
is a digital media project that demonstrates a minimum of
2413
$300,000 in total qualified expenditures is eligible for a
2414
maximum of $1 million in incentive funding. As used in this
2415
paragraph, the term "qualified expenditures" means the wages or
2416
salaries paid to a resident of this state for working on a single
2417
qualified digital media project, up to a maximum of $200,000 in
2418
wages or salaries paid per resident. A qualified production
2419
company producing digital media projects may not qualify for more
2420
than three projects in any 1 fiscal year. Projects that extend
2421
beyond a fiscal year must reapply each fiscal year in order to be
2422
eligible for incentive funding for that year.
2423
Reviser's note.--Paragraph (1)(e) is amended to confirm the
2424
editorial insertion of the word "or" after the word "show"
2425
to improve clarity and facilitate correct interpretation.
2426
Paragraph (4)(d) is amended to confirm the editorial
2427
substitution of the word "of" for the word "if" to correct a
2428
typographical error.
2429
Section 57. Paragraphs (a) and (g) of subsection (5) of
2430
section 288.8175, Florida Statutes, are amended to read:
2431
288.8175 Linkage institutes between postsecondary
2432
institutions in this state and foreign countries.--
2433
(5) The institutes are:
2434
(a) Florida-Brazil Institute (University of Florida and
2435
Miami Dade Miami-Dade Community College).
2436
(g) Florida-France Institute (New College of the University
2437
of South Florida, Miami Dade Miami-Dade Community College, and
2438
Florida State University).
2439
Reviser's note.--Amended to conform to the correct name of
2440
Miami Dade College.
2441
Section 58. Subsection (7) of section 288.9015, Florida
2442
Statutes, is repealed.
2443
Reviser's note.--The referenced subsection, which relates to
2444
Enterprise Florida, Inc., working with the Department of
2445
Education and Workforce Florida, Inc., in designating
2446
districts to participate in the CHOICE project under
2447
repealed s. 1003.494, has served its purpose.
2448
Section 59. Subsection (6) of section 288.90151, Florida
2449
Statutes, is amended to read:
2450
288.90151 Return on investment from activities of
2451
Enterprise Florida, Inc.--
2452
(6) Enterprise Florida, Inc., shall fully comply with the
2453
performance measures, standards, and sanctions in its contracts
2454
with the Office of Tourism, Trade, and Economic Development under
2456
Tourism, Trade, and Economic Development shall ensure, to the
2457
maximum extent possible, that the contract performance measures
2458
are consistent with performance measures that the office is
2459
required to develop and track under performance-based program
2460
budgeting.
2461
Reviser's note.--Amended to confirm the editorial
2462
substitution of a reference to s. 14.2015(2)(h) and (7) for
2463
a reference to s. 14.2015(2)(i) and (7). Material concerning
2464
contracts between Enterprise Florida, Inc., and the Office
2465
of Tourism, Trade, and Economic Development is covered in s.
2466
14.2015(2)(h) and (7).
2467
Section 60. Subsection (8) of section 288.9551, Florida
2468
Statutes, is amended to read:
2469
288.9551 Exemptions from public records and meetings
2470
requirements; Scripps Florida Funding Corporation, The Scripps
2471
Research Institute or grantee, and the Office of Tourism, Trade,
2472
and Economic Development.--
2473
(8) This section is subject to the Open Government Sunset
2474
Review Act of 1995 in accordance with s. 119.15 and shall stand
2475
repealed on October 2, 2009, unless reviewed and saved from
2476
repeal through reenactment by the Legislature.
2477
Reviser's note.--Amended to conform to the renaming of the
2478
"Open Government Sunset Review Act of 1995" as the "Open
2479
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
2480
of Florida.
2481
Section 61. Subsection (5) and paragraph (d) of subsection
2482
(12) of section 288.975, Florida Statutes, are amended to read:
2483
288.975 Military base reuse plans.--
2484
(5) At the discretion of the host local government, the
2485
provisions of this act may be complied with through the adoption
2486
of the military base reuse plan as a separate component of the
2487
local government comprehensive plan or through simultaneous
2488
amendments to all pertinent portions of the local government
2489
comprehensive plan. Once adopted and approved in accordance with
2490
this section, the military base reuse plan shall be considered to
2491
be part of the host local government's comprehensive plan and
2492
shall be thereafter implemented, amended, and reviewed in
2493
accordance with the provisions of part II of chapter 163. Local
2494
government comprehensive plan amendments necessary to initially
2495
adopt the military base reuse plan shall be exempt from the
2496
limitation on the frequency of plan amendments contained in s.
2498
(12) Following receipt of a petition, the petitioning party
2499
or parties and the host local government shall seek resolution of
2500
the issues in dispute. The issues in dispute shall be resolved as
2501
follows:
2502
(d) Within 45 days after receiving the report from the
2503
state land planning agency, the Administration Commission shall
2504
take action to resolve the issues in dispute. In deciding upon a
2505
proper resolution, the Administration Commission shall consider
2506
the nature of the issues in dispute, any requests for a formal
2507
administrative hearing pursuant to chapter 120, the compliance of
2508
the parties with this section, the extent of the conflict between
2509
the parties, the comparative hardships and the public interest
2510
involved. If the Administration Commission incorporates in its
2511
final order a term or condition that requires any local
2512
government to amend its local government comprehensive plan, the
2513
local government shall amend its plan within 60 days after the
2514
issuance of the order. Such amendment or amendments shall be
2515
exempt from the limitation of the frequency of plan amendments
2517
such amendment or amendments pursuant to s. 163.3184(15)(b)1.
2518
shall not be required. The final order of the Administration
2519
Commission is subject to appeal pursuant to s. 120.68. If the
2520
order of the Administration Commission is appealed, the time for
2521
the local government to amend its plan shall be tolled during the
2522
pendency of any local, state, or federal administrative or
2523
judicial proceeding relating to the military base reuse plan.
2524
Reviser's note.--Amended to substitute a reference to s.
2525
163.3187(1), which relates to frequency of plan amendments,
2526
for a reference to s. 163.3187(2), which relates to
2527
amendments to preserve the internal consistency of the plan.
2528
Section 62. Subsection (69) of section 316.003, Florida
2529
Statutes, is amended to read:
2530
316.003 Definitions.--The following words and phrases, when
2531
used in this chapter, shall have the meanings respectively
2532
ascribed to them in this section, except where the context
2533
otherwise requires:
2534
(69) HAZARDOUS MATERIAL.--Any substance or material which
2535
has been determined by the secretary of the United States
2536
Department of Transportation to be capable of imposing an
2537
unreasonable risk to health, safety, and property. This term
2538
includes hazardous waste as defined in s. 403.703(13)
2539
403.703(21).
2540
Reviser's note.--Amended to conform to the relocation of the
2541
referenced definition by the substantial rewording of s.
2542
403.703 by s. 6, ch. 2007-184, Laws of Florida.
2543
Section 63. Paragraph (a) of subsection (8) of section
2544
320.0805, Florida Statutes, is amended to read:
2545
320.0805 Personalized prestige license plates.--
2546
(8)(a) Personalized prestige license plates shall consist
2547
of three four types of plates as follows:
2548
1. A plate imprinted with numerals only. Such plates shall
2549
consist of numerals from 1 to 999, inclusive.
2550
2. A plate imprinted with capital letters only. Such plates
2551
shall consist of capital letters "A" through "Z" and shall be
2552
limited to a total of seven of the same or different capital
2553
letters. A hyphen may be added in addition to the seven letters.
2554
3. A plate imprinted with both capital letters and
2555
numerals. Such plates shall consist of no more than a total of
2556
seven characters, including both numerals and capital letters, in
2557
any combination, except that a hyphen may be added in addition to
2558
the seven characters if desired or needed. However, on those
2559
plates issued to, and bearing the names of, organizations, the
2560
letters and numerals shall be of such size, if necessary, as to
2561
accommodate a maximum of 18 digits for automobiles, trucks, and
2562
recreational vehicles and 7 digits for motorcycles. Plates
2563
consisting of the four capital letters "PRES" preceded or
2564
followed by a hyphen and numerals of 1 to 999 shall be reserved
2565
for issuance only to applicants who qualify as members of the
2566
press and who are associated with, or are employees of, the
2567
reporting media.
2568
Reviser's note.--Amended to conform to the deletion of
2569
subparagraph (8)(a)4. by s. 20, ch. 96-413, Laws of Florida.
2570
Section 64. Paragraph (a) of subsection (9) of section
2571
322.34, Florida Statutes, is amended to read:
2572
322.34 Driving while license suspended, revoked, canceled,
2573
or disqualified.--
2574
(9)(a) A motor vehicle that is driven by a person under the
2575
influence of alcohol or drugs in violation of s. 316.193 is
2577
932.701-932.707 and is subject to liens for recovering, towing,
2578
or storing vehicles under s. 713.78 if, at the time of the
2579
offense, the person's driver's license is suspended, revoked, or
2580
canceled as a result of a prior conviction for driving under the
2581
influence.
2582
Reviser's note.--Amended to conform to the repeal of s.
2583
932.707 by s. 21, ch. 2006-176, Laws of Florida.
2584
Section 65. Paragraph (a) of subsection (4) of section
2585
323.001, Florida Statutes, is amended to read:
2586
323.001 Wrecker operator storage facilities; vehicle
2587
holds.--
2588
(4) The requirements for a written hold apply when the
2589
following conditions are present:
2590
(a) The officer has probable cause to believe the vehicle
2591
should be seized and forfeited under the Florida Contraband
2593
Reviser's note.--Amended to conform to the repeal of s.
2594
932.707 by s. 21, ch. 2006-176, Laws of Florida.
2595
Section 66. Paragraph (b) of subsection (3) of section
2596
328.07, Florida Statutes, is amended to read:
2597
328.07 Hull identification number required.--
2598
(3)
2599
(b) If any of the hull identification numbers required by
2600
the United States Coast Guard for a vessel manufactured after
2601
October 31, 1972, do not exist or have been altered, removed,
2602
destroyed, covered, or defaced or the real identity of the vessel
2603
cannot be determined, the vessel may be seized as contraband
2604
property by a law enforcement agency or the division, and shall
2606
932.707. Such vessel may not be sold or operated on the waters of
2607
the state unless the division receives a request from a law
2608
enforcement agency providing adequate documentation or is
2609
directed by written order of a court of competent jurisdiction to
2610
issue to the vessel a replacement hull identification number
2611
which shall thereafter be used for identification purposes. No
2612
vessel shall be forfeited under the Florida Contraband Forfeiture
2613
Act when the owner unknowingly, inadvertently, or neglectfully
2614
altered, removed, destroyed, covered, or defaced the vessel hull
2615
identification number.
2616
Reviser's note.--Amended to conform to the repeal of s.
2617
932.707 by s. 21, ch. 2006-176, Laws of Florida.
2618
Section 67. Subsection (1) of section 336.68, Florida
2619
Statutes, is amended to read:
2620
336.68 Special road and bridge district boundaries;
2621
property owner rights and options.--
2622
(1) The owner of real property located within both the
2623
boundaries of a community development district created under
2624
chapter 190 and within the boundaries of a special road and
2625
bridge district created by the alternative method of establishing
2626
special road and bridge districts previously authorized under
2627
former ss. 336.61-336.67 shall have the option to select the
2628
community development district to be the provider of the road and
2629
drainage improvements to the property of the owner. Having made
2630
the selection, the property owner shall further have the right to
2631
withdraw the property from the boundaries of the special road and
2632
bridge district under the procedures set forth in this section.
2633
Reviser's note.--Amended to conform to the repeal of ss.
2634
336.61, 336.62, 336.63, 336.64, 336.65, and 336.67 by ss.
2635
125-129, 132, ch. 84-309, Laws of Florida, respectively.
2636
Section 68. Subsection (4) of section 337.0261, Florida
2637
Statutes, is amended to read:
2638
337.0261 Construction aggregate materials.--
2639
(4) EXPEDITED PERMITTING.--Due to the state's critical
2640
infrastructure needs and the potential shortfall in available
2641
construction aggregate materials, limerock environmental resource
2642
permitting and reclamation applications filed after March 1,
2643
2007, are eligible for the expedited permitting processes
2644
contained in s. 403.973. Challenges to state agency action in the
2645
expedited permitting process for establishment of a limerock mine
2646
in this state under s. 403.973 are subject to the same
2647
requirements as challenges brought under s. 403.973(14)(a)
2649
proceedings must be conducted within 30 days after a party files
2650
the motion for summary hearing, regardless of whether the parties
2651
agree to the summary proceeding.
2652
Reviser's note.--Amended to conform to the repeal of s.
2653
403.973(4) by s. 23, ch. 2007-105, Laws of Florida.
2654
Section 69. Section 338.165, Florida Statutes, is reenacted
2655
to read:
2656
338.165 Continuation of tolls.--
2657
(1) The department, any transportation or expressway
2658
authority or, in the absence of an authority, a county or
2659
counties may continue to collect the toll on a revenue-producing
2660
project after the discharge of any bond indebtedness related to
2661
such project and may increase such toll. All tolls so collected
2662
shall first be used to pay the annual cost of the operation,
2663
maintenance, and improvement of the toll project.
2664
(2) If the revenue-producing project is on the State
2665
Highway System, any remaining toll revenue shall be used for the
2666
construction, maintenance, or improvement of any road on the
2667
State Highway System within the county or counties in which the
2668
revenue-producing project is located, except as provided in s.
2669
2670
(3) Notwithstanding any other provision of law, the
2671
department, including the turnpike enterprise, shall index toll
2672
rates on existing toll facilities to the annual Consumer Price
2673
Index or similar inflation indicators. Toll rate adjustments for
2674
inflation under this subsection may be made no more frequently
2675
than once a year and must be made no less frequently than once
2676
every 5 years as necessary to accommodate cash toll rate
2677
schedules. Toll rates may be increased beyond these limits as
2678
directed by bond documents, covenants, or governing body
2679
authorization or pursuant to department administrative rule.
2680
(4) Notwithstanding any other law to the contrary, pursuant
2681
to s. 11, Art. VII of the State Constitution, and subject to the
2682
requirements of subsection (2), the Department of Transportation
2683
may request the Division of Bond Finance to issue bonds secured
2684
by toll revenues collected on the Alligator Alley, the Sunshine
2685
Skyway Bridge, the Beeline-East Expressway, the Navarre Bridge,
2686
and the Pinellas Bayway to fund transportation projects located
2687
within the county or counties in which the project is located and
2688
contained in the adopted work program of the department.
2689
(5) If the revenue-producing project is on the county road
2690
system, any remaining toll revenue shall be used for the
2691
construction, maintenance, or improvement of any other state or
2692
county road within the county or counties in which the revenue-
2693
producing project is located, except as provided in s. 348.0004.
2694
(6) Selection of projects on the State Highway System for
2695
construction, maintenance, or improvement with toll revenues
2696
shall be, with the concurrence of the department, consistent with
2697
the Florida Transportation Plan.
2698
(7) Notwithstanding the provisions of subsection (1), and
2699
not including high occupancy toll lanes or express lanes, no
2700
tolls may be charged for use of an interstate highway where tolls
2701
were not charged as of July 1, 1997.
2702
(8) With the exception of subsection (3), this section does
2703
not apply to the turnpike system as defined under the Florida
2704
Turnpike Enterprise Law.
2705
Reviser's note.--Section 51, ch. 2007-196, Laws of Florida,
2706
amended s. 338.165 without publishing existing subsection
2707
(6) and amended existing subsection (7) with coding
2708
indicating the material is newly numbered by that law as
2709
subsection (7) and with uncoded language at the beginning of
2710
the subsection reading "[w]ith the exception of subsection
2711
(3)." To conform to renumbering of subsections by s. 51, ch.
2712
2007-196, and absent affirmative evidence of legislative
2713
intent to repeal existing subsection (6), redesignated as
2714
subsection (7) to conform to the addition of a new
2715
subsection (3) by s. 51, ch. 2007-196, the section is
2716
reenacted.
2717
Section 70. Subsection (4) of section 338.231, Florida
2718
Statutes, is amended to read:
2719
338.231 Turnpike tolls, fixing; pledge of tolls and other
2720
revenues.--The department shall at all times fix, adjust, charge,
2721
and collect such tolls for the use of the turnpike system as are
2722
required in order to provide a fund sufficient with other
2723
revenues of the turnpike system to pay the cost of maintaining,
2724
improving, repairing, and operating such turnpike system; to pay
2725
the principal of and interest on all bonds issued to finance or
2726
refinance any portion of the turnpike system as the same become
2727
due and payable; and to create reserves for all such purposes.
2728
(4) For the period July 1, 1998, through June 30, 2017, the
2729
department shall, to the maximum extent feasible, program
2730
sufficient funds in the tentative work program such that the
2731
percentage of turnpike toll and bond financed commitments in
2732
Miami-Dade Dade County, Broward County, and Palm Beach County as
2733
compared to total turnpike toll and bond financed commitments
2734
shall be at least 90 percent of the share of net toll collections
2735
attributable to users of the turnpike system in Miami-Dade Dade
2736
County, Broward County, and Palm Beach County as compared to
2737
total net toll collections attributable to users of the turnpike
2738
system. The requirements of this subsection do not apply when the
2739
application of such requirements would violate any covenant
2740
established in a resolution or trust indenture relating to the
2741
issuance of turnpike bonds.
2742
Reviser's note.--Amended to conform to the redesignation of
2743
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2744
Dade County Code.
2745
Section 71. Paragraph (a) of subsection (3) of section
2746
339.175, Florida Statutes, is amended to read:
2747
339.175 Metropolitan planning organization.--
2748
(3) VOTING MEMBERSHIP.--
2749
(a) The voting membership of an M.P.O. shall consist of not
2750
fewer than 5 or more than 19 apportioned members, the exact
2751
number to be determined on an equitable geographic-population
2752
ratio basis by the Governor, based on an agreement among the
2753
affected units of general-purpose local government as required by
2754
federal rules and regulations. The Governor, in accordance with
2755
23 U.S.C. s. 134, may also provide for M.P.O. members who
2756
represent municipalities to alternate with representatives from
2757
other municipalities within the metropolitan planning area that
2758
do not have members on the M.P.O. County commission members shall
2759
compose not less than one-third of the M.P.O. membership, except
2760
for an M.P.O. with more than 15 members located in a county with
2761
a 5-member county commission or an M.P.O. with 19 members located
2762
in a county with no more than 6 county commissioners, in which
2763
case county commission members may compose less than one-third
2764
percent of the M.P.O. membership, but all county commissioners
2765
must be members. All voting members shall be elected officials of
2766
general-purpose local governments, except that an M.P.O. may
2767
include, as part of its apportioned voting members, a member of a
2768
statutorily authorized planning board, an official of an agency
2769
that operates or administers a major mode of transportation, or
2770
an official of Space Florida the Florida Space Authority. As used
2771
in this section, the term "elected officials of a general-purpose
2772
local government" shall exclude constitutional officers,
2773
including sheriffs, tax collectors, supervisors of elections,
2774
property appraisers, clerks of the court, and similar types of
2775
officials. County commissioners shall compose not less than 20
2776
percent of the M.P.O. membership if an official of an agency that
2777
operates or administers a major mode of transportation has been
2778
appointed to an M.P.O.
2779
Reviser's note.--Amended to conform to the amendment to s.
2780
331.302 by s. 3, ch. 2006-60, Laws of Florida, which
2781
replaced the Florida Space Authority with Space Florida.
2782
Section 72. Paragraph (a) of subsection (11) of section
2783
343.92, Florida Statutes, is amended to read:
2784
343.92 Tampa Bay Area Regional Transportation Authority.--
2785
(11)(a) The authority shall establish a Transit Management
2786
Committee comprised of the executive directors or general
2787
managers, or their designees, of each of the existing transit
2788
providers and Tampa bay area commuter services.
2789
Reviser's note.--Amended to confirm the editorial deletion
2790
of the word "Tampa" preceding the word "bay" to conform to
2791
context.
2792
Section 73. Paragraph (l) of subsection (2) of section
2793
348.243, Florida Statutes, is repealed.
2794
Reviser's note.--The cited paragraph, which relates to an
2795
agreement to sell, transfer, and dispose of all property of
2796
the Sawgrass Expressway to the Department of Transportation
2797
as part of the Turnpike System, has served its purpose.
2798
Section 74. Subsection (14) of section 364.02, Florida
2799
Statutes, is amended to read:
2800
364.02 Definitions.--As used in this chapter:
2801
(14) "Telecommunications company" includes every
2802
corporation, partnership, and person and their lessees, trustees,
2803
or receivers appointed by any court whatsoever, and every
2804
political subdivision in the state, offering two-way
2805
telecommunications service to the public for hire within this
2806
state by the use of a telecommunications facility. The term
2807
"telecommunications company" does not include:
2808
(a) An entity which provides a telecommunications facility
2809
exclusively to a certificated telecommunications company;
2810
(b) An entity which provides a telecommunications facility
2811
exclusively to a company which is excluded from the definition of
2812
a telecommunications company under this subsection;
2813
(c) A commercial mobile radio service provider;
2814
(d) A facsimile transmission service;
2815
(e) A private computer data network company not offering
2816
service to the public for hire;
2817
(f) A cable television company providing cable service as
2818
defined in 47 U.S.C. s. 522; or
2819
(g) An intrastate interexchange telecommunications company.
2820
2821
However, each commercial mobile radio service provider and each
2822
intrastate interexchange telecommunications company shall
2823
continue to be liable for any taxes imposed under chapters 202,
2824
203, and 212 and any fees assessed under s. 364.025. Each
2825
intrastate interexchange telecommunications company shall
2828
provide the commission with the current information as the
2829
commission deems necessary to contact and communicate with the
2830
company, shall continue to pay intrastate switched network access
2831
rates or other intercarrier compensation to the local exchange
2832
telecommunications company or the competitive local exchange
2833
telecommunications company for the origination and termination of
2834
interexchange telecommunications service, and shall reduce its
2835
intrastate long distance toll rates in accordance with former s.
2836
364.163(2).
2837
Reviser's note.--Amended to conform to the repeal of s.
2838
364.163(2) by s. 12, ch. 2007-29, Laws of Florida.
2839
Section 75. Subsection (3) of section 367.171, Florida
2840
Statutes, is amended to read:
2841
367.171 Effectiveness of this chapter.--
2842
(3) In consideration of the variance of powers, duties,
2843
responsibilities, population, and size of municipalities of the
2844
several counties and in consideration of the fact that every
2845
county varies from every other county and thereby affects the
2846
functions, duties, and responsibilities required of its county
2847
officers and the scope of responsibilities which each county may,
2848
at this time, undertake, the Counties of Alachua, Baker,
2849
Bradford, Calhoun, Charlotte, Collier, Dade, Dixie, Escambia,
2850
Flagler, Gadsden, Gilchrist, Glades, Hamilton, Hardee, Hendry,
2851
Hernando, Hillsborough, Holmes, Indian River, Jefferson,
2852
Lafayette, Leon, Liberty, Madison, Manatee, Miami-Dade, Okaloosa,
2853
Okeechobee, Polk, St. Lucie, Santa Rosa, Sarasota, Suwannee,
2854
Taylor, Union, Wakulla, and Walton are excluded from the
2855
provisions of this chapter until such time as the board of county
2856
commissioners of any such county, acting pursuant to the
2857
provisions of subsection (1), makes this chapter applicable to
2858
such county or until the Legislature, by appropriate act, removes
2859
one or more of such counties from this exclusion.
2860
Reviser's note.--Amended to conform to the redesignation of
2861
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2862
Dade County Code.
2863
Section 76. Subsection (2) of section 369.255, Florida
2864
Statutes, is amended to read:
2865
369.255 Green utility ordinances for funding greenspace
2866
management and exotic plant control.--
2867
(2) In addition to any other funding mechanisms legally
2868
available to counties and municipalities to control invasive,
2869
nonindigenous aquatic or upland plants and manage urban forest
2870
resources, a county or municipality may create one or more green
2871
utilities or adopt fees sufficient to plan, restore, and manage
2872
urban forest resources, greenways, forest preserves, wetlands,
2873
and other aquatic zones and create a stewardship grant program
2874
for private natural areas. Counties or municipalities may create,
2875
alone or in cooperation with other counties or municipalities
2876
pursuant to the Florida Interlocal Cooperation Act of 1969, s.
2877
163.01, one or more greenspace management districts to fund the
2878
planning, management, operation, and administration of a
2879
greenspace management program. The fees shall be collected on a
2880
voluntary basis as set forth by the county or municipality and
2881
calculated to generate sufficient funds to plan, manage, operate,
2882
and administer a greenspace management program. Private natural
2883
areas assessed according to s. 193.501 would qualify for
2884
stewardship grants.
2885
Reviser's note.--Amended to conform to the name of the
2886
Florida Interlocal Cooperation Act of 1969 as referenced in
2887
s. 163.01.
2888
Section 77. Paragraph (a) of subsection (4) of section
2889
370.142, Florida Statutes, is amended to read:
2890
370.142 Spiny lobster trap certificate program.--
2891
(4) TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS
2892
BOARD.--There is hereby established the Trap Certificate
2893
Technical Advisory and Appeals Board. Such board shall consider
2894
and advise the commission on disputes and other problems arising
2895
from the implementation of the spiny lobster trap certificate
2896
program. The board may also provide information to the commission
2897
on the operation of the trap certificate program.
2898
(a) The board shall consist of the executive director of
2899
the commission or designee and nine other members appointed by
2900
the executive director, according to the following criteria:
2901
1. All appointed members shall be certificateholders, but
2902
two shall be holders of fewer than 100 certificates, two shall be
2903
holders of at least 100 but no more than 750 certificates, three
2904
shall be holders of more than 750 but not more than 2,000
2905
certificates, and two shall be holders of more than 2,000
2906
certificates.
2907
2. At least one member each shall come from Broward, Miami-
2908
Dade Dade, and Palm Beach Counties; and five members shall come
2909
from the various regions of the Florida Keys.
2910
3. At least one appointed member shall be a person of
2911
Hispanic origin capable of speaking English and Spanish.
2912
Reviser's note.--Amended to conform to the redesignation of
2913
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2914
Dade County Code.
2915
Section 78. Paragraph (a) of subsection (2) of section
2916
370.172, Florida Statutes, is amended to read:
2917
370.172 Spearfishing; definition; limitations; penalty.--
2918
(2)(a) Spearfishing is prohibited within the boundaries of
2919
the John Pennekamp Coral Reef State Park, the waters of Collier
2920
County, and the area in Monroe County known as Upper Keys, which
2921
includes all salt waters under the jurisdiction of the Fish and
2922
Wildlife Conservation Commission beginning at the county line
2923
between Miami-Dade Dade and Monroe Counties and running south,
2924
including all of the keys down to and including Long Key.
2925
Reviser's note.--Amended to conform to the redesignation of
2926
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2927
Dade County Code.
2928
Section 79. Section 372.09, Florida Statutes, is amended to
2929
read:
2930
372.09 State Game Trust Fund.--The funds resulting from the
2931
operation of the commission and from the administration of the
2932
laws and regulations pertaining to birds, game, fur-bearing
2933
animals, freshwater fish, reptiles, and amphibians, together with
2934
any other funds specifically provided for such purposes shall
2935
constitute the State Game Trust Fund and shall be used by the
2936
commission as it shall deem fit in carrying out the provisions
2937
hereof and for no other purposes, except that annual use fees
2938
deposited into the trust fund from the sale of the Largemouth
2939
Bass license plate may be expended for the purposes provided
2941
obligate itself beyond the current resources of the State Game
2942
Trust Fund unless specifically so authorized by the Legislature.
2943
Reviser's note.--Amended to conform to the repeal of s.
2944
320.08058(15) by s. 2, ch. 2007-103, Laws of Florida, and
2945
the subsequent redesignation of subsections.
2946
Section 80. Paragraph (b) of subsection (8) of section
2947
373.026, Florida Statutes, is amended to read:
2948
373.026 General powers and duties of the department.--The
2949
department, or its successor agency, shall be responsible for the
2950
administration of this chapter at the state level. However, it is
2951
the policy of the state that, to the greatest extent possible,
2952
the department may enter into interagency or interlocal
2953
agreements with any other state agency, any water management
2954
district, or any local government conducting programs related to
2955
or materially affecting the water resources of the state. All
2956
such agreements shall be subject to the provisions of s. 373.046.
2957
In addition to its other powers and duties, the department shall,
2958
to the greatest extent possible:
2959
(8)
2960
(b) To ensure to the greatest extent possible that project
2961
components will go forward as planned, the department shall
2962
collaborate with the South Florida Water Management District in
2963
implementing the comprehensive plan as defined in s.
2965
Protection Plan as defined in s. 373.4595(2), and the River
2966
Watershed Protection Plans as defined in s. 373.4595(2). Before
2967
any project component is submitted to Congress for authorization
2968
or receives an appropriation of state funds, the department must
2969
approve, or approve with amendments, each project component
2970
within 60 days following formal submittal of the project
2971
component to the department. Prior to the release of state funds
2972
for the implementation of the comprehensive plan, department
2973
approval shall be based upon a determination of the South Florida
2974
Water Management District's compliance with s. 373.1501(5). Once
2975
a project component is approved, the South Florida Water
2976
Management District shall provide to the Joint Legislative
2977
Committee on Everglades Oversight a schedule for implementing the
2978
project component, the estimated total cost of the project
2979
component, any existing federal or nonfederal credits, the
2980
estimated remaining federal and nonfederal share of costs, and an
2981
estimate of the amount of state funds that will be needed to
2982
implement the project component. All requests for an
2983
appropriation of state funds needed to implement the project
2984
component shall be submitted to the department, and such requests
2985
shall be included in the department's annual request to the
2986
Governor. Prior to the release of state funds for the
2987
implementation of the Lake Okeechobee Watershed Protection Plan
2988
or the River Watershed Protection Plans, on an annual basis, the
2989
South Florida Water Management District shall prepare an annual
2990
work plan as part of the consolidated annual report required in
2991
s. 373.036(7). Upon a determination by the secretary of the
2992
annual work plan's consistency with the goals and objectives of
2993
s. 373.4595, the secretary may approve the release of state
2994
funds. Any modifications to the annual work plan shall be
2995
submitted to the secretary for review and approval.
2996
Reviser's note.--Amended to conform to the redesignation of
2998
Laws of Florida.
2999
Section 81. Paragraph (d) of subsection (2) of section
3000
373.073, Florida Statutes, is amended to read:
3001
373.073 Governing board.--
3002
(2) Membership on governing boards shall be selected from
3003
candidates who have significant experience in one or more of the
3004
following areas, including, but not limited to: agriculture, the
3005
development industry, local government, government-owned or
3006
privately owned water utilities, law, civil engineering,
3007
environmental science, hydrology, accounting, or financial
3008
businesses. Notwithstanding the provisions of any other general
3009
or special law to the contrary, vacancies in the governing boards
3010
of the water management districts shall be filled according to
3011
the following residency requirements, representing areas
3012
designated by the United States Water Resources Council in United
3013
States Geological Survey, River Basin and Hydrological Unit Map
3014
of Florida--1975, Map Series No. 72:
3015
(d) South Florida Water Management District:
3016
1. Two members shall reside in Miami-Dade Dade County.
3017
2. One member shall reside in Broward County.
3018
3. One member shall reside in Palm Beach County.
3019
4. One member shall reside in Collier County, Lee County,
3020
Hendry County, or Charlotte County.
3021
5. One member shall reside in Glades County, Okeechobee
3022
County, Highlands County, Polk County, Orange County, or Osceola
3023
County.
3024
6. Two members, appointed at large, shall reside in an area
3025
consisting of St. Lucie, Martin, Palm Beach, Broward, Miami-Dade
3026
Dade, and Monroe Counties.
3027
7. One member, appointed at large, shall reside in an area
3028
consisting of Collier, Lee, Charlotte, Hendry, Glades, Osceola,
3029
Okeechobee, Polk, Highlands, and Orange Counties.
3030
8. No county shall have more than three members on the
3031
governing board.
3032
Reviser's note.--Amended to conform to the redesignation of
3033
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3034
Dade County Code.
3035
Section 82. Paragraph (a) of subsection (1) of section
3036
373.1501, Florida Statutes, is amended to read:
3037
373.1501 South Florida Water Management District as local
3038
sponsor.--
3039
(1) As used in this section and s. 373.026(8), the term:
3040
(a) "C-111 Project" means the project identified in the
3041
Central and Southern Florida Flood Control Project, Real Estate
3042
Design Memorandum, Canal 111, South Miami-Dade Dade County,
3043
Florida.
3044
Reviser's note.--Amended to conform to the redesignation of
3045
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3046
Dade County Code.
3047
Section 83. Paragraph (a) of subsection (2) of section
3048
373.1502, Florida Statutes, is amended to read:
3049
373.1502 Regulation of comprehensive plan project
3050
components.--
3051
(2) FINDINGS; INTENT.--
3052
(a) The Legislature finds that implementation of the
3054
is in the public interest and is necessary for restoring,
3055
preserving, and protecting the South Florida ecosystem, providing
3056
for the protection of water quality in and the reduction of the
3057
loss of fresh water from the Everglades, and providing such
3058
features as are necessary to meet the other water-related needs
3059
of the region, including flood control, the enhancement of water
3060
supplies, and other objectives served by the project.
3061
Reviser's note.--Amended to conform to the redesignation of
3063
Laws of Florida.
3064
Section 84. Paragraph (b) of subsection (3) of section
3065
373.1961, Florida Statutes, is amended to read:
3066
373.1961 Water production; general powers and duties;
3067
identification of needs; funding criteria; economic incentives;
3068
reuse funding.--
3069
(3) FUNDING.--
3070
(b) Beginning in fiscal year 2005-2006, the state shall
3071
annually provide a portion of those revenues deposited into the
3072
Water Protection and Sustainability Program Trust Fund for the
3073
purpose of providing funding assistance for the development of
3074
alternative water supplies pursuant to the Water Protection and
3075
Sustainability Program. At the beginning of each fiscal year,
3076
beginning with fiscal year 2005-2006, such revenues shall be
3077
distributed by the department into the alternative water supply
3078
trust fund accounts created by each district for the purpose of
3079
alternative water supply development under the following funding
3080
formula:
3081
1. Thirty percent to the South Florida Water Management
3082
District;
3083
2. Twenty-five percent to the Southwest Florida Water
3084
Management District;
3085
3. Twenty-five percent to the St. Johns River Water
3086
Management District;
3087
4. Ten percent to the Suwannee River Water Management
3088
District; and
3089
5. Ten percent to the Northwest Florida Water Management
3090
District.
3091
Reviser's note.--Amended to conform to the name of the trust
3092
fund at s. 403.891, which creates the fund.
3093
Section 85. Subsection (16) of section 373.414, Florida
3094
Statutes, is amended to read:
3095
373.414 Additional criteria for activities in surface
3096
waters and wetlands.--
3097
(16) Until October 1, 2000, regulation under rules adopted
3098
pursuant to this part of any sand, limerock, or limestone mining
3099
activity which is located in Township 52 South, Range 39 East,
3100
sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27,
3101
34, 35, and 36; in Township 52 South, Range 40 East, sections 6,
3102
7, 8, 18, and 19; in Township 53 South, Range 39 East, sections
3103
1, 2, 13, 21, 22, 23, 24, 25, 26, 33, 34, 35, and 36; and in
3104
Township 54 South, Range 38 East, sections 24, and 25, and 36,
3105
shall not include the rules adopted pursuant to subsection (9).
3106
In addition, until October 1, 2000, such activities shall
3107
continue to be regulated under the rules adopted pursuant to ss.
3108
403.91-403.929, 1984 Supplement to the Florida Statutes 1983, as
3109
amended, as such rules existed prior to the effective date of the
3110
rules adopted pursuant to subsection (9) and such dredge and fill
3111
jurisdiction shall be that which existed prior to January 24,
3112
1984. In addition, any such sand, limerock, or limestone mining
3113
activity shall be approved by Miami-Dade Dade County and the
3114
United States Army Corps of Engineers. This section shall only
3115
apply to mining activities which are continuous and carried out
3116
on land contiguous to mining operations that were in existence on
3117
or before October 1, 1984.
3118
Reviser's note.--Amended to conform to the redesignation of
3119
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3120
Dade County Code.
3121
Section 86. Subsections (16) and (19) of section 373.4211,
3122
Florida Statutes, are amended to read:
3123
373.4211 Ratification of chapter 17-340, Florida
3124
Administrative Code, on the delineation of the landward extent of
3125
wetlands and surface waters.--Pursuant to s. 373.421, the
3126
Legislature ratifies chapter 17-340, Florida Administrative Code,
3127
approved on January 13, 1994, by the Environmental Regulation
3128
Commission, with the following changes:
3129
(16) Rule 17-340.450(2) is amended by adding, after the
3130
species list, the following language:
3131
"Within Monroe County and the Key Largo portion of Miami-
3132
Dade Dade County only, the following species shall be listed as
3133
Facultative Wet: Alternanthera maritima, Morinda royoc, and
3134
Strumpfia maritima."
3135
(19) Rule 17-340.450(3) is amended by adding, after the
3136
species list, the following language:
3137
"Within Monroe County and the Key Largo portion of Miami-
3138
Dade Dade County only, the following species shall be listed as
3139
facultative: Alternanthera paronychioides, Byrsonima lucida,
3140
Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,
3141
Pisonis rotundata, Pithecellobium keyensis, Pithecellobium
3142
unquis-cati, Randia aculeata, Reynosia septentrionalis, and
3143
Thrinax radiata."
3144
Reviser's note.--Amended to conform to the redesignation of
3145
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3146
Dade County Code.
3147
Section 87. Paragraph (f) of subsection (1) and paragraph
3148
(b) of subsection (4) of section 373.4592, Florida Statutes, are
3149
amended to read:
3150
373.4592 Everglades improvement and management.--
3151
(1) FINDINGS AND INTENT.--
3152
(f) The Legislature finds that improved water supply and
3153
hydroperiod management are crucial elements to overall
3154
revitalization of the Everglades ecosystem, including Florida
3155
Bay. It is the intent of the Legislature to expedite plans and
3156
programs for improving water quantity reaching the Everglades,
3157
correcting long-standing hydroperiod problems, increasing the
3158
total quantity of water flowing through the system, providing
3159
water supply for the Everglades National Park, urban and
3160
agricultural areas, and Florida Bay, and replacing water
3161
previously available from the coastal ridge in areas of southern
3162
Miami-Dade Dade County. Whenever possible, wasteful discharges of
3163
fresh water to tide shall be reduced, and the water shall be
3164
stored for delivery at more optimum times. Additionally, reuse
3165
and conservation measures shall be implemented consistent with
3166
law. The Legislature further recognizes that additional water
3167
storage may be an appropriate use of Lake Okeechobee.
3168
(4) EVERGLADES PROGRAM.--
3169
(b) Everglades water supply and hydroperiod improvement and
3170
restoration.--
3171
1. A comprehensive program to revitalize the Everglades
3172
shall include programs and projects to improve the water quantity
3173
reaching the Everglades Protection Area at optimum times and
3174
improve hydroperiod deficiencies in the Everglades ecosystem. To
3175
the greatest extent possible, wasteful discharges of fresh water
3176
to tide shall be reduced, and water conservation practices and
3177
reuse measures shall be implemented by water users, consistent
3178
with law. Water supply management must include improvement of
3179
water quantity reaching the Everglades, correction of long-
3180
standing hydroperiod problems, and an increase in the total
3181
quantity of water flowing through the system. Water supply
3182
management must provide water supply for the Everglades National
3183
Park, the urban and agricultural areas, and the Florida Bay and
3184
must replace water previously available from the coastal ridge
3185
areas of southern Miami-Dade Dade County. The Everglades
3186
Construction Project redirects some water currently lost to tide.
3187
It is an important first step in completing hydroperiod
3188
improvement.
3189
2. The district shall operate the Everglades Construction
3190
Project as specified in the February 15, 1994, conceptual design
3191
document, to provide additional inflows to the Everglades
3192
Protection Area. The increased flow from the project shall be
3193
directed to the Everglades Protection Area as needed to achieve
3194
an average annual increase of 28 percent compared to the baseline
3195
years of 1979 to 1988. Consistent with the design of the
3196
Everglades Construction Project and without demonstratively
3197
reducing water quality benefits, the regulatory releases will be
3198
timed and distributed to the Everglades Protection Area to
3199
maximize environmental benefits.
3200
3. The district shall operate the Everglades Construction
3201
Project in accordance with the February 15, 1994, conceptual
3202
design document to maximize the water quantity benefits and
3203
improve the hydroperiod of the Everglades Protection Area. All
3204
reductions of flow to the Everglades Protection Area from BMP
3205
implementation will be replaced. The district shall develop a
3206
model to be used for quantifying the amount of water to be
3207
replaced. The timing and distribution of this replaced water will
3208
be directed to the Everglades Protection Area to maximize the
3209
natural balance of the Everglades Protection Area.
3210
4. The Legislature recognizes the complexity of the
3211
Everglades watershed, as well as legal mandates under Florida and
3212
federal law. As local sponsor of the Central and Southern Florida
3213
Flood Control Project, the district must coordinate its water
3214
supply and hydroperiod programs with the Federal Government.
3215
Federal planning, research, operating guidelines, and
3216
restrictions for the Central and Southern Florida Flood Control
3217
Project now under review by federal agencies will provide
3218
important components of the district's Everglades Program. The
3219
department and district shall use their best efforts to seek the
3220
amendment of the authorized purposes of the project to include
3221
water quality protection, hydroperiod restoration, and
3222
environmental enhancement as authorized purposes of the Central
3223
and Southern Florida Flood Control Project, in addition to the
3224
existing purposes of water supply, flood protection, and allied
3225
purposes. Further, the department and the district shall use
3226
their best efforts to request that the Federal Government include
3227
in the evaluation of the regulation schedule for Lake Okeechobee
3228
a review of the regulatory releases, so as to facilitate releases
3229
of water into the Everglades Protection Area which further
3230
improve hydroperiod restoration.
3231
5. The district, through cooperation with the federal and
3232
state agencies, shall develop other programs and methods to
3233
increase the water flow and improve the hydroperiod of the
3234
Everglades Protection Area.
3235
6. Nothing in this section is intended to provide an
3236
allocation or reservation of water or to modify the provisions of
3237
part II. All decisions regarding allocations and reservations of
3238
water shall be governed by applicable law.
3239
7. The district shall proceed to expeditiously implement
3240
the minimum flows and levels for the Everglades Protection Area
3241
as required by s. 373.042 and shall expeditiously complete the
3242
Lower East Coast Water Supply Plan.
3243
Reviser's note.--Amended to conform to the redesignation of
3244
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3245
Dade County Code.
3246
Section 88. Paragraph (c) of subsection (3) of section
3247
373.4595, Florida Statutes, is amended to read:
3248
373.4595 Northern Everglades and Estuaries Protection
3249
Program.--
3250
(3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.--A
3251
protection program for Lake Okeechobee that achieves phosphorus
3252
load reductions for Lake Okeechobee shall be immediately
3253
implemented as specified in this subsection. The program shall
3254
address the reduction of phosphorus loading to the lake from both
3255
internal and external sources. Phosphorus load reductions shall
3256
be achieved through a phased program of implementation. Initial
3257
implementation actions shall be technology-based, based upon a
3258
consideration of both the availability of appropriate technology
3259
and the cost of such technology, and shall include phosphorus
3260
reduction measures at both the source and the regional level. The
3261
initial phase of phosphorus load reductions shall be based upon
3262
the district's Technical Publication 81-2 and the district's WOD
3263
program, with subsequent phases of phosphorus load reductions
3264
based upon the total maximum daily loads established in
3265
accordance with s. 403.067. In the development and administration
3266
of the Lake Okeechobee Watershed Protection Program, the
3267
coordinating agencies shall maximize opportunities provided by
3268
federal cost-sharing programs and opportunities for partnerships
3269
with the private sector.
3270
(c) Lake Okeechobee Watershed Phosphorus Control
3271
Program.--The Lake Okeechobee Watershed Phosphorus Control
3272
Program is designed to be a multifaceted approach to reducing
3273
phosphorus loads by improving the management of phosphorus
3274
sources within the Lake Okeechobee watershed through
3275
implementation of regulations and best management practices,
3276
development and implementation of improved best management
3277
practices, improvement and restoration of the hydrologic function
3278
of natural and managed systems, and utilization of alternative
3279
technologies for nutrient reduction. The coordinating agencies
3280
shall facilitate the application of federal programs that offer
3281
opportunities for water quality treatment, including
3282
preservation, restoration, or creation of wetlands on
3283
agricultural lands.
3284
1. Agricultural nonpoint source best management practices,
3285
developed in accordance with s. 403.067 and designed to achieve
3286
the objectives of the Lake Okeechobee Watershed Protection
3287
Program, shall be implemented on an expedited basis. The
3288
coordinating agencies shall develop an interagency agreement
3290
development of best management practices that complement existing
3291
regulatory programs and specifies how those best management
3292
practices are implemented and verified. The interagency agreement
3293
shall address measures to be taken by the coordinating agencies
3294
during any best management practice reevaluation performed
3295
pursuant to sub-subparagraph d. The department shall use best
3296
professional judgment in making the initial determination of best
3297
management practice effectiveness.
3298
a. As provided in s. 403.067(7)(c), the Department of
3299
Agriculture and Consumer Services, in consultation with the
3300
department, the district, and affected parties, shall initiate
3301
rule development for interim measures, best management practices,
3302
conservation plans, nutrient management plans, or other measures
3303
necessary for Lake Okeechobee watershed total maximum daily load
3304
reduction. The rule shall include thresholds for requiring
3305
conservation and nutrient management plans and criteria for the
3306
contents of such plans. Development of agricultural nonpoint
3307
source best management practices shall initially focus on those
3308
priority basins listed in subparagraph (b)1. The Department of
3309
Agriculture and Consumer Services, in consultation with the
3310
department, the district, and affected parties, shall conduct an
3311
ongoing program for improvement of existing and development of
3312
new interim measures or best management practices for the purpose
3313
of adoption of such practices by rule. The Department of
3314
Agriculture and Consumer Services shall work with the University
3315
of Florida's Institute of Food and Agriculture Sciences to review
3316
and, where appropriate, develop revised nutrient application
3317
rates for all agricultural soil amendments in the watershed.
3318
b. Where agricultural nonpoint source best management
3319
practices or interim measures have been adopted by rule of the
3320
Department of Agriculture and Consumer Services, the owner or
3321
operator of an agricultural nonpoint source addressed by such
3322
rule shall either implement interim measures or best management
3323
practices or demonstrate compliance with the district's WOD
3324
program by conducting monitoring prescribed by the department or
3325
the district. Owners or operators of agricultural nonpoint
3326
sources who implement interim measures or best management
3327
practices adopted by rule of the Department of Agriculture and
3328
Consumer Services shall be subject to the provisions of s.
3329
403.067(7). The Department of Agriculture and Consumer Services,
3330
in cooperation with the department and the district, shall
3331
provide technical and financial assistance for implementation of
3332
agricultural best management practices, subject to the
3333
availability of funds.
3334
c. The district or department shall conduct monitoring at
3335
representative sites to verify the effectiveness of agricultural
3336
nonpoint source best management practices.
3337
d. Where water quality problems are detected for
3338
agricultural nonpoint sources despite the appropriate
3339
implementation of adopted best management practices, the
3340
Department of Agriculture and Consumer Services, in consultation
3341
with the other coordinating agencies and affected parties, shall
3342
institute a reevaluation of the best management practices and
3343
make appropriate changes to the rule adopting best management
3344
practices.
3345
2. Nonagricultural nonpoint source best management
3346
practices, developed in accordance with s. 403.067 and designed
3347
to achieve the objectives of the Lake Okeechobee Watershed
3348
Protection Program, shall be implemented on an expedited basis.
3349
The department and the district shall develop an interagency
3351
development of best management practices that complement existing
3352
regulatory programs and specifies how those best management
3353
practices are implemented and verified. The interagency agreement
3354
shall address measures to be taken by the department and the
3355
district during any best management practice reevaluation
3356
performed pursuant to sub-subparagraph d.
3357
a. The department and the district are directed to work
3358
with the University of Florida's Institute of Food and
3359
Agricultural Sciences to develop appropriate nutrient application
3360
rates for all nonagricultural soil amendments in the watershed.
3361
As provided in s. 403.067(7)(c), the department, in consultation
3362
with the district and affected parties, shall develop interim
3363
measures, best management practices, or other measures necessary
3364
for Lake Okeechobee watershed total maximum daily load reduction.
3365
Development of nonagricultural nonpoint source best management
3366
practices shall initially focus on those priority basins listed
3367
in subparagraph (b)1. The department, the district, and affected
3368
parties shall conduct an ongoing program for improvement of
3369
existing and development of new interim measures or best
3370
management practices. The district shall adopt technology-based
3371
standards under the district's WOD program for nonagricultural
3372
nonpoint sources of phosphorus. Nothing in this sub-subparagraph
3373
shall affect the authority of the department or the district to
3374
adopt basin-specific criteria under this part to prevent harm to
3375
the water resources of the district.
3376
b. Where nonagricultural nonpoint source best management
3377
practices or interim measures have been developed by the
3378
department and adopted by the district, the owner or operator of
3379
a nonagricultural nonpoint source shall implement interim
3380
measures or best management practices and be subject to the
3381
provisions of s. 403.067(7). The department and district shall
3382
provide technical and financial assistance for implementation of
3383
nonagricultural nonpoint source best management practices,
3384
subject to the availability of funds.
3385
c. The district or the department shall conduct monitoring
3386
at representative sites to verify the effectiveness of
3387
nonagricultural nonpoint source best management practices.
3388
d. Where water quality problems are detected for
3389
nonagricultural nonpoint sources despite the appropriate
3390
implementation of adopted best management practices, the
3391
department and the district shall institute a reevaluation of the
3392
best management practices.
3393
3. The provisions of subparagraphs 1. and 2. shall not
3394
preclude the department or the district from requiring compliance
3395
with water quality standards or with current best management
3396
practices requirements set forth in any applicable regulatory
3397
program authorized by law for the purpose of protecting water
3398
quality. Additionally, subparagraphs 1. and 2. are applicable
3399
only to the extent that they do not conflict with any rules
3400
promulgated by the department that are necessary to maintain a
3401
federally delegated or approved program.
3402
4. Projects that reduce the phosphorus load originating
3403
from domestic wastewater systems within the Lake Okeechobee
3404
watershed shall be given funding priority in the department's
3405
revolving loan program under s. 403.1835. The department shall
3406
coordinate and provide assistance to those local governments
3407
seeking financial assistance for such priority projects.
3408
5. Projects that make use of private lands, or lands held
3409
in trust for Indian tribes, to reduce nutrient loadings or
3410
concentrations within a basin by one or more of the following
3411
methods: restoring the natural hydrology of the basin, restoring
3412
wildlife habitat or impacted wetlands, reducing peak flows after
3413
storm events, increasing aquifer recharge, or protecting range
3414
and timberland from conversion to development, are eligible for
3415
grants available under this section from the coordinating
3416
agencies. For projects of otherwise equal priority, special
3417
funding priority will be given to those projects that make best
3418
use of the methods outlined above that involve public-private
3419
partnerships or that obtain federal match money. Preference
3420
ranking above the special funding priority will be given to
3421
projects located in a rural area of critical economic concern
3422
designated by the Governor. Grant applications may be submitted
3423
by any person or tribal entity, and eligible projects may
3424
include, but are not limited to, the purchase of conservation and
3425
flowage easements, hydrologic restoration of wetlands, creating
3426
treatment wetlands, development of a management plan for natural
3427
resources, and financial support to implement a management plan.
3428
6.a. The department shall require all entities disposing of
3429
domestic wastewater residuals within the Lake Okeechobee
3430
watershed and the remaining areas of Okeechobee, Glades, and
3431
Hendry Counties to develop and submit to the department an
3432
agricultural use plan that limits applications based upon
3433
phosphorus loading. By July 1, 2005, phosphorus concentrations
3434
originating from these application sites shall not exceed the
3435
limits established in the district's WOD program. After December
3436
31, 2007, the department may not authorize the disposal of
3437
domestic wastewater residuals within the Lake Okeechobee
3438
watershed unless the applicant can affirmatively demonstrate that
3439
the phosphorus in the residuals will not add to phosphorus
3440
loadings in Lake Okeechobee or its tributaries. This
3441
demonstration shall be based on achieving a net balance between
3442
phosphorus imports relative to exports on the permitted
3443
application site. Exports shall include only phosphorus removed
3444
from the Lake Okeechobee watershed through products generated on
3445
the permitted application site. This prohibition does not apply
3446
to Class AA residuals that are marketed and distributed as
3447
fertilizer products in accordance with department rule.
3448
b. Private and government-owned utilities within Monroe,
3449
Miami-Dade Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
3450
River, Okeechobee, Highlands, Hendry, and Glades Counties that
3451
dispose of wastewater residual sludge from utility operations and
3452
septic removal by land spreading in the Lake Okeechobee watershed
3453
may use a line item on local sewer rates to cover wastewater
3454
residual treatment and disposal if such disposal and treatment is
3455
done by approved alternative treatment methodology at a facility
3456
located within the areas designated by the Governor as rural
3457
areas of critical economic concern pursuant to s. 288.0656. This
3458
additional line item is an environmental protection disposal fee
3459
above the present sewer rate and shall not be considered a part
3460
of the present sewer rate to customers, notwithstanding
3461
provisions to the contrary in chapter 367. The fee shall be
3462
established by the county commission or its designated assignee
3463
in the county in which the alternative method treatment facility
3464
is located. The fee shall be calculated to be no higher than that
3465
necessary to recover the facility's prudent cost of providing the
3466
service. Upon request by an affected county commission, the
3467
Florida Public Service Commission will provide assistance in
3468
establishing the fee. Further, for utilities and utility
3469
authorities that use the additional line item environmental
3470
protection disposal fee, such fee shall not be considered a rate
3471
increase under the rules of the Public Service Commission and
3472
shall be exempt from such rules. Utilities using the provisions
3473
of this section may immediately include in their sewer invoicing
3474
the new environmental protection disposal fee. Proceeds from this
3475
environmental protection disposal fee shall be used for treatment
3476
and disposal of wastewater residuals, including any treatment
3477
technology that helps reduce the volume of residuals that require
3478
final disposal, but such proceeds shall not be used for
3479
transportation or shipment costs for disposal or any costs
3480
relating to the land application of residuals in the Lake
3481
Okeechobee watershed.
3482
c. No less frequently than once every 3 years, the Florida
3483
Public Service Commission or the county commission through the
3484
services of an independent auditor shall perform a financial
3485
audit of all facilities receiving compensation from an
3486
environmental protection disposal fee. The Florida Public Service
3487
Commission or the county commission through the services of an
3488
independent auditor shall also perform an audit of the
3489
methodology used in establishing the environmental protection
3490
disposal fee. The Florida Public Service Commission or the county
3491
commission shall, within 120 days after completion of an audit,
3492
file the audit report with the President of the Senate and the
3493
Speaker of the House of Representatives and shall provide copies
3494
to the county commissions of the counties set forth in sub-
3495
subparagraph b. The books and records of any facilities receiving
3496
compensation from an environmental protection disposal fee shall
3497
be open to the Florida Public Service Commission and the Auditor
3498
General for review upon request.
3499
7. The Department of Health shall require all entities
3500
disposing of septage within the Lake Okeechobee watershed to
3501
develop and submit to that agency an agricultural use plan that
3502
limits applications based upon phosphorus loading. By July 1,
3503
2005, phosphorus concentrations originating from these
3504
application sites shall not exceed the limits established in the
3505
district's WOD program.
3506
8. The Department of Agriculture and Consumer Services
3507
shall initiate rulemaking requiring entities within the Lake
3508
Okeechobee watershed which land-apply animal manure to develop
3509
resource management system level conservation plans, according to
3510
United States Department of Agriculture criteria, which limit
3511
such application. Such rules may include criteria and thresholds
3512
for the requirement to develop a conservation or nutrient
3513
management plan, requirements for plan approval, and
3514
recordkeeping requirements.
3515
9. The district, the department, or the Department of
3516
Agriculture and Consumer Services, as appropriate, shall
3517
implement those alternative nutrient reduction technologies
3518
determined to be feasible pursuant to subparagraph (d)6.
3519
Reviser's note.--Amended to conform to the redesignation of
3520
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3521
Dade County Code.
3522
Section 89. Paragraph (e) of subsection (2) of section
3523
373.470, Florida Statutes, is amended to read:
3524
373.470 Everglades restoration.--
3525
(2) DEFINITIONS.--As used in this section, the term:
3526
(e) "Lake Okeechobee Watershed Protection Plan" means the
3527
plan developed pursuant to ss. 373.4595(3)(a) 375.4595 and
3529
Reviser's note.--Amended to conform to the fact that s.
3530
375.4595 does not exist. Section 373.4595(3)(a) provides for
3531
the Lake Okeechobee Watershed Protection Plan.
3532
Section 90. Subsection (1) of section 373.472, Florida
3533
Statutes, is amended to read:
3534
373.472 Save Our Everglades Trust Fund.--
3535
(1) There is created within the Department of Environmental
3536
Protection the Save Our Everglades Trust Fund. Funds in the trust
3537
fund shall be expended to implement the comprehensive plan
3539
Watershed Protection Plan defined in s. 373.4595(2), the
3540
Caloosahatchee River Watershed Protection Plan defined in s.
3541
373.4595(2), and the St. Lucie River Watershed Protection Plan
3542
defined in s. 373.4595(2), and to pay debt service for Everglades
3543
restoration bonds issued pursuant to s. 215.619. The trust fund
3544
shall serve as the repository for state, local, and federal
3545
project contributions in accordance with s. 373.470(4).
3546
Reviser's note.--Amended to conform to the redesignation of
3548
Laws of Florida.
3549
Section 91. Paragraph (c) of subsection (3) of section
3550
376.308, Florida Statutes, is amended to read:
3551
376.308 Liabilities and defenses of facilities.--
3552
(3) For purposes of this section, the following additional
3553
defenses shall apply to sites contaminated with petroleum or
3554
petroleum products:
3555
(c) The defendant is a lender which held a security
3556
interest in the site and has foreclosed or otherwise acted to
3557
acquire title primarily to protect its security interest, and
3558
seeks to sell, transfer, or otherwise divest the assets for
3559
subsequent sale at the earliest possible time, taking all
3560
relevant facts and circumstances into account, and has not
3561
undertaken management activities beyond those necessary to
3562
protect its financial interest, to effectuate compliance with
3563
environmental statutes and rules, or to prevent or abate a
3564
discharge; however, if the facility is not eligible for cleanup
3566
376.3072, any funds expended by the department for cleanup of the
3567
property shall constitute a lien on the property against any
3568
subsequent sale after the amount of the former security interest
3569
(including the cost of collection, management, and sale) is
3570
satisfied.
3571
Reviser's note.--Amended to conform to the redesignation of
3573
Florida.
3574
Section 92. Subsection (1) of section 377.42, Florida
3575
Statutes, is amended to read:
3576
377.42 Big Cypress Swamp Advisory Committee.--
3577
(1) For purposes of this section, the Big Cypress watershed
3578
is defined as the area in Collier County and the adjoining
3579
portions of Hendry, Broward, Miami-Dade Dade, and Monroe Counties
3580
which is designated as the Big Cypress Swamp in U.S. Geological
3581
Survey Open-File Report No. 70003.
3582
Reviser's note.--Amended to conform to the redesignation of
3583
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3584
Dade County Code.
3585
Section 93. Paragraph (c) of subsection (1), paragraph (c)
3586
of subsection (2), and paragraph (c) of subsection (3) of section
3587
381.0273, Florida Statutes, are amended to read:
3588
381.0273 Public records exemption for patient safety
3589
data.--
3590
(1) Information that identifies a patient and that is
3591
contained in patient safety data, as defined in s. 766.1016, or
3592
in other records held by the Florida Patient Safety Corporation
3593
and its subsidiaries, advisory committees, or contractors
3594
pursuant to s. 381.0271 is confidential and exempt from s.
3595
119.07(1) and s. 24(a), Art. I of the State Constitution.
3596
Personal identifying information made confidential and exempt
3597
from disclosure by this subsection may be disclosed only:
3598
(c) To a health research entity if the entity seeks the
3599
records or data pursuant to a research protocol approved by the
3600
corporation, maintains the records or data in accordance with the
3601
approved protocol, and enters into a purchase and data-use
3602
agreement with the corporation, the fee provisions of which are
3604
deny a request for records or data that identify the patient if
3605
the protocol provides for intrusive follow-back contacts, has not
3606
been approved by a human studies institutional review board, does
3607
not plan for the destruction of confidential records after the
3608
research is concluded, or does not have scientific merit. The
3609
agreement must prohibit the release of any information that would
3610
permit the identification of any patient, must limit the use of
3611
records or data in conformance with the approved research
3612
protocol, and must prohibit any other use of the records or data.
3613
Copies of records or data issued pursuant to this paragraph
3614
remain the property of the corporation.
3615
(2) Information that identifies the person or entity that
3616
reports patient safety data, as defined in s. 766.1016, to the
3617
corporation and that is contained in patient safety data or in
3618
other records held by the Florida Patient Safety Corporation and
3619
its subsidiaries, advisory committees, or contractors pursuant to
3621
24(a), Art. I of the State Constitution. Information that
3622
identifies a person or entity reporting patient safety data made
3623
confidential and exempt from disclosure by this subsection may be
3624
disclosed only:
3625
(c) To a health research entity if the entity seeks the
3626
records or data pursuant to a research protocol approved by the
3627
corporation, maintains the records or data in accordance with the
3628
approved protocol, and enters into a purchase and data-use
3629
agreement with the corporation, the fee provisions of which are
3631
deny a request for records or data that identify the person or
3632
entity reporting patient safety data if the protocol provides for
3633
intrusive follow-back contacts, has not been approved by a human
3634
studies institutional review board, does not plan for the
3635
destruction of confidential records after the research is
3636
concluded, or does not have scientific merit. The agreement must
3637
prohibit the release of any information that would permit the
3638
identification of persons or entities that report patient safety
3639
data, must limit the use of records or data in conformance with
3640
the approved research protocol, and must prohibit any other use
3641
of the records or data. Copies of records or data issued pursuant
3642
to this paragraph remain the property of the corporation.
3643
(3) Information that identifies a health care practitioner
3644
or health care facility which is held by the Florida Patient
3645
Safety Corporation and its subsidiaries, advisory committees, or
3646
contractors pursuant to s. 381.0271, is confidential and exempt
3647
from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
3648
Information that identifies a health care practitioner or health
3649
care facility and that is contained in patient safety data made
3650
confidential and exempt from disclosure by this subsection may be
3651
disclosed only:
3652
(c) To a health research entity if the entity seeks the
3653
records or data pursuant to a research protocol approved by the
3654
corporation, maintains the records or data in accordance with the
3655
approved protocol, and enters into a purchase and data-use
3656
agreement with the corporation, the fee provisions of which are
3658
deny a request for records or data that identify the person or
3659
entity reporting patient safety data if the protocol provides for
3660
intrusive follow-back contacts, has not been approved by a human
3661
studies institutional review board, does not plan for the
3662
destruction of confidential records after the research is
3663
concluded, or does not have scientific merit. The agreement must
3664
prohibit the release of any information that would permit the
3665
identification of persons or entities that report patient safety
3666
data, must limit the use of records or data in conformance with
3667
the approved research protocol, and must prohibit any other use
3668
of the records or data. Copies of records or data issued under
3669
this paragraph remain the property of the corporation.
3670
Reviser's note.--Amended to conform to the redesignation of
3671
material regarding fees for copies of public records in s.
3673
Florida.
3674
Section 94. Paragraph (a) of subsection (1) of section
3675
381.0404, Florida Statutes, is amended to read:
3676
381.0404 Center for Health Technologies.--
3677
(1)(a) There is hereby established the Center for Health
3678
Technologies, to be located at and administered by a statutory
3679
teaching hospital located in Miami-Dade Dade County and hereafter
3680
referred to as the administrator.
3681
Reviser's note.--Amended to conform to the redesignation of
3682
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3683
Dade County Code.
3684
Section 95. Paragraph (c) of subsection (2) of section
3685
381.92, Florida Statutes, is amended to read:
3686
381.92 Florida Cancer Council.--
3687
(2)
3688
(c) The members of the council shall consist of:
3689
1. The chair of the Florida Dialogue on Cancer, who shall
3690
serve as the chair of the council;
3691
2. The State Surgeon General or his or her designee;
3692
3. The chief executive officer of the H. Lee Moffitt Cancer
3693
Center or his or her designee;
3694
4. The director of the University of Florida Shands Cancer
3695
Center or his or her designee;
3696
5. The chief executive officer of the University of Miami
3697
Sylvester Comprehensive Cancer Center or his or her designee;
3698
6. The chief executive officer of the Mayo Clinic,
3699
Jacksonville, or his or her designee;
3700
7. The chief executive officer of the American Cancer
3701
Society, Florida Division, Inc., or his or her designee;
3702
8. The president of the American Cancer Society, Florida
3703
Division, Inc., Board of Directors or his or her designee;
3704
9. The president of the Florida Society of Clinical
3705
Oncology or his or her designee;
3706
10. The president of the American College of Surgeons,
3707
Florida Chapter, or his or her designee;
3708
11. The chief executive officer of Enterprise Florida,
3709
Inc., or his or her designee;
3710
12. Five representatives from cancer programs approved by
3711
the American College of Surgeons. Three shall be appointed by the
3712
Governor, one shall be appointed by the Speaker of the House of
3713
Representatives, and one shall be appointed by the President of
3714
the Senate;
3715
13. One member of the House of Representatives, to be
3716
appointed by the Speaker of the House of Representatives; and
3717
14. One member of the Senate, to be appointed by the
3718
President of the Senate.
3719
Reviser's note.--Amended to improve clarity and correct
3720
sentence construction.
3721
Section 96. Subsection (5) of section 383.412, Florida
3722
Statutes, is amended to read:
3723
383.412 Public records and public meetings exemptions.--
3724
(5) This section is subject to the Open Government Sunset
3725
Review Act of 1995 in accordance with s. 119.15, and shall stand
3726
repealed on October 2, 2010, unless reviewed and saved from
3727
repeal through reenactment by the Legislature.
3728
Reviser's note.--Amended to conform to the renaming of the
3729
"Open Government Sunset Review Act of 1995" as the "Open
3730
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
3731
of Florida.
3732
Section 97. Subsection (1) of section 390.012, Florida
3733
Statutes, is amended to read:
3734
390.012 Powers of agency; rules; disposal of fetal
3735
remains.--
3736
(1) The agency may develop and enforce rules pursuant to
3738
for the health, care, and treatment of persons in abortion
3739
clinics and for the safe operation of such clinics.
3740
(a) The rules shall be reasonably related to the
3741
preservation of maternal health of the clients.
3742
(b) The rules shall be in accordance with s. 797.03 and may
3743
not impose an unconstitutional burden on a woman's freedom to
3744
decide whether to terminate her pregnancy.
3745
(c) The rules shall provide for:
3746
1. The performance of pregnancy termination procedures only
3747
by a licensed physician.
3748
2. The making, protection, and preservation of patient
3749
records, which shall be treated as medical records under chapter
3750
458.
3751
Reviser's note.--Amended to correct an erroneous reference
3752
added by s. 15, ch. 2007-230, Laws of Florida. Section
3753
390.001 was redesignated as s. 390.0111 by s. 2, ch. 97-151,
3754
Laws of Florida. Section 390.011 provides definitions for
3755
the range of sections in the cross-reference.
3756
Section 98. Subsection (3) of section 390.014, Florida
3757
Statutes, is amended to read:
3758
390.014 Licenses; fees.--
3759
(3) In accordance with s. 408.805, an applicant or licensee
3760
shall pay a fee for each license application submitted under this
3761
chapter part and part II of chapter 408. The amount of the fee
3762
shall be established by rule and may not be less than $70 or more
3763
than $500.
3764
Reviser's note.--Amended to correct an erroneous reference;
3765
chapter 390 is not divided into parts.
3766
Section 99. Section 390.018, Florida Statutes, is amended
3767
to read:
3768
390.018 Administrative fine.--In addition to the
3769
requirements of part II of chapter 408, the agency may impose a
3770
fine upon the clinic in an amount not to exceed $1,000 for each
3771
violation of any provision of this chapter part, part II of
3772
chapter 408, or applicable rules.
3773
Reviser's note.--Amended to correct an erroneous reference;
3774
chapter 390 is not divided into parts.
3775
Section 100. Section 393.23, Florida Statutes, is amended
3776
to read:
3777
393.23 Developmental disabilities institutions; trust
3778
accounts.--All receipts from the operation of canteens, vending
3779
machines, hobby shops, sheltered workshops, activity centers,
3780
farming projects, and other like activities operated in a
3781
developmental disabilities institution, and moneys donated to the
3782
institution, must be deposited in a trust account in any bank,
3783
credit union, or savings and loan association authorized by the
3784
State Treasury as a qualified depository depositor to do business
3785
in this state, if the moneys are available on demand.
3786
(1) Moneys in the trust account must be expended for the
3787
benefit, education, and welfare of clients. However, if
3788
specified, moneys that are donated to the institution must be
3789
expended in accordance with the intentions of the donor. Trust
3790
account money may not be used for the benefit of employees of the
3791
agency or to pay the wages of such employees. The welfare of the
3792
clients includes the expenditure of funds for the purchase of
3793
items for resale at canteens or vending machines, and for the
3794
establishment of, maintenance of, and operation of canteens,
3795
hobby shops, recreational or entertainment facilities, sheltered
3796
workshops, activity centers, farming projects, or other like
3797
facilities or programs established at the institutions for the
3798
benefit of clients.
3799
(2) The institution may invest, in the manner authorized by
3800
law for fiduciaries, any money in a trust account which is not
3801
necessary for immediate use. The interest earned and other
3802
increments derived from the investments of the money must be
3803
deposited into the trust account for the benefit of clients.
3804
(3) The accounting system of an institution must account
3805
separately for revenues and expenses for each activity. The
3806
institution shall reconcile the trust account to the
3807
institution's accounting system and check registers and to the
3808
accounting system of the Chief Financial Officer.
3809
(4) All sales taxes collected by the institution as a
3810
result of sales shall be deposited into the trust account and
3811
remitted to the Department of Revenue.
3812
(5) Funds shall be expended in accordance with requirements
3813
and guidelines established by the Chief Financial Officer.
3814
Reviser's note.--Amended to confirm the editorial
3815
substitution of the word "depository" for the word
3816
"depositor" to correct an apparent error and facilitate
3817
correct interpretation.
3818
Section 101. Paragraph (a) of subsection (4) of section
3819
395.402, Florida Statutes, is amended to read:
3820
395.402 Trauma service areas; number and location of trauma
3821
centers.--
3822
(4) Annually thereafter, the department shall review the
3823
assignment of the 67 counties to trauma service areas, in
3824
addition to the requirements of paragraphs (2)(b)-(g) and
3825
subsection (3). County assignments are made for the purpose of
3826
developing a system of trauma centers. Revisions made by the
3827
department shall take into consideration the recommendations made
3828
as part of the regional trauma system plans approved by the
3829
department and the recommendations made as part of the state
3830
trauma system plan. In cases where a trauma service area is
3831
located within the boundaries of more than one trauma region, the
3832
trauma service area's needs, response capability, and system
3833
requirements shall be considered by each trauma region served by
3834
that trauma service area in its regional system plan. Until the
3835
department completes the February 2005 assessment, the assignment
3836
of counties shall remain as established in this section.
3837
(a) The following trauma service areas are hereby
3838
established:
3839
1. Trauma service area 1 shall consist of Escambia,
3840
Okaloosa, Santa Rosa, and Walton Counties.
3841
2. Trauma service area 2 shall consist of Bay, Gulf,
3842
Holmes, and Washington Counties.
3843
3. Trauma service area 3 shall consist of Calhoun,
3844
Franklin, Gadsden, Jackson, Jefferson, Leon, Liberty, Madison,
3845
Taylor, and Wakulla Counties.
3846
4. Trauma service area 4 shall consist of Alachua,
3847
Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Levy,
3848
Putnam, Suwannee, and Union Counties.
3849
5. Trauma service area 5 shall consist of Baker, Clay,
3850
Duval, Nassau, and St. Johns Counties.
3851
6. Trauma service area 6 shall consist of Citrus, Hernando,
3852
and Marion Counties.
3853
7. Trauma service area 7 shall consist of Flagler and
3854
Volusia Counties.
3855
8. Trauma service area 8 shall consist of Lake, Orange,
3856
Osceola, Seminole, and Sumter Counties.
3857
9. Trauma service area 9 shall consist of Pasco and
3858
Pinellas Counties.
3859
10. Trauma service area 10 shall consist of Hillsborough
3860
County.
3861
11. Trauma service area 11 shall consist of Hardee,
3862
Highlands, and Polk Counties.
3863
12. Trauma service area 12 shall consist of Brevard and
3864
Indian River Counties.
3865
13. Trauma service area 13 shall consist of DeSoto,
3866
Manatee, and Sarasota Counties.
3867
14. Trauma service area 14 shall consist of Martin,
3868
Okeechobee, and St. Lucie Counties.
3869
15. Trauma service area 15 shall consist of Charlotte,
3870
Glades, Hendry, and Lee Counties.
3871
16. Trauma service area 16 shall consist of Palm Beach
3872
County.
3873
17. Trauma service area 17 shall consist of Collier County.
3874
18. Trauma service area 18 shall consist of Broward County.
3875
19. Trauma service area 19 shall consist of Miami-Dade Dade
3876
and Monroe Counties.
3877
Reviser's note.--Amended to conform to the redesignation of
3878
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3879
Dade County Code.
3880
Section 102. Subsection (1) of section 400.063, Florida
3881
Statutes, is amended to read:
3882
400.063 Resident Protection Trust Fund.--
3883
(1) A Resident Protection Trust Fund shall be established
3884
for the purpose of collecting and disbursing funds generated from
3885
the license fees and administrative fines as provided for in ss.
3887
Such funds shall be for the sole purpose of paying for the
3888
appropriate alternate placement, care, and treatment of residents
3889
who are removed from a facility licensed under this part or a
3890
facility specified in s. 393.0678(1) in which the agency
3891
determines that existing conditions or practices constitute an
3892
immediate danger to the health, safety, or security of the
3893
residents. If the agency determines that it is in the best
3894
interest of the health, safety, or security of the residents to
3895
provide for an orderly removal of the residents from the
3896
facility, the agency may utilize such funds to maintain and care
3897
for the residents in the facility pending removal and alternative
3898
placement. The maintenance and care of the residents shall be
3899
under the direction and control of a receiver appointed pursuant
3901
expended in an emergency upon a filing of a petition for a
3902
receiver, upon the declaration of a state of local emergency
3903
pursuant to s. 252.38(3)(a)5., or upon a duly authorized local
3904
order of evacuation of a facility by emergency personnel to
3905
protect the health and safety of the residents.
3906
Reviser's note.--Amended to conform to the redesignation of
3908
Laws of Florida.
3909
Section 103. Subsection (1) of section 400.0712, Florida
3910
Statutes, is amended to read:
3911
400.0712 Application for inactive license.--
3912
(1) As specified in s. 408.831(4) 408.321(4) and this
3913
section, the agency may issue an inactive license to a nursing
3914
home facility for all or a portion of its beds. Any request by a
3915
licensee that a nursing home or portion of a nursing home become
3916
inactive must be submitted to the agency in the approved format.
3917
The facility may not initiate any suspension of services, notify
3918
residents, or initiate inactivity before receiving approval from
3919
the agency; and a licensee that violates this provision may not
3920
be issued an inactive license.
3921
Reviser's note.--Amended to confirm the editorial
3922
substitution of a reference to s. 408.831(4) for a reference
3923
to nonexistent s. 408.321(4); s. 408.831(4) relates to
3924
issuance of inactive licenses.
3925
Section 104. Subsections (3) and (12) of section 400.506,
3926
Florida Statutes, are amended to read:
3927
400.506 Licensure of nurse registries; requirements;
3928
penalties.--
3929
(3) In accordance with s. 408.805, an applicant or licensee
3930
shall pay a fee for each license application submitted under ss.
3932
applicable rules. The amount of the fee shall be established by
3933
rule and may not exceed $2,000 per biennium.
3934
(12) Each nurse registry shall prepare and maintain a
3935
comprehensive emergency management plan that is consistent with
3936
the criteria in this subsection and with the local special needs
3937
plan. The plan shall be updated annually. The plan shall include
3938
the means by which the nurse registry will continue to provide
3939
the same type and quantity of services to its patients who
3940
evacuate to special needs shelters which were being provided to
3941
those patients prior to evacuation. The plan shall specify how
3942
the nurse registry shall facilitate the provision of continuous
3943
care by persons referred for contract to persons who are
3944
registered pursuant to s. 252.355 during an emergency that
3945
interrupts the provision of care or services in private
3946
residences. Nurse registries may establish links to local
3947
emergency operations centers to determine a mechanism by which to
3948
approach specific areas within a disaster area in order for a
3949
provider to reach its clients. Nurse registries shall demonstrate
3950
a good faith effort to comply with the requirements of this
3951
subsection by documenting attempts of staff to follow procedures
3952
outlined in the nurse registry's comprehensive emergency
3953
management plan which support a finding that the provision of
3954
continuing care has been attempted for patients identified as
3955
needing care by the nurse registry and registered under s.
3956
252.355 in the event of an emergency under this subsection (1).
3957
(a) All persons referred for contract who care for persons
3958
registered pursuant to s. 252.355 must include in the patient
3959
record a description of how care will be continued during a
3960
disaster or emergency that interrupts the provision of care in
3961
the patient's home. It shall be the responsibility of the person
3962
referred for contract to ensure that continuous care is provided.
3963
(b) Each nurse registry shall maintain a current
3964
prioritized list of patients in private residences who are
3965
registered pursuant to s. 252.355 and are under the care of
3966
persons referred for contract and who need continued services
3967
during an emergency. This list shall indicate, for each patient,
3968
if the client is to be transported to a special needs shelter and
3969
if the patient is receiving skilled nursing services. Nurse
3970
registries shall make this list available to county health
3971
departments and to local emergency management agencies upon
3972
request.
3973
(c) Each person referred for contract who is caring for a
3974
patient who is registered pursuant to s. 252.355 shall provide a
3975
list of the patient's medication and equipment needs to the nurse
3976
registry. Each person referred for contract shall make this
3977
information available to county health departments and to local
3978
emergency management agencies upon request.
3979
(d) Each person referred for contract shall not be required
3980
to continue to provide care to patients in emergency situations
3981
that are beyond the person's control and that make it impossible
3982
to provide services, such as when roads are impassable or when
3983
patients do not go to the location specified in their patient
3984
records.
3985
(e) The comprehensive emergency management plan required by
3986
this subsection is subject to review and approval by the county
3987
health department. During its review, the county health
3988
department shall contact state and local health and medical
3989
stakeholders when necessary. The county health department shall
3990
complete its review to ensure that the plan complies with the
3991
criteria in the Agency for Health Care Administration rules
3992
within 90 days after receipt of the plan and shall either approve
3993
the plan or advise the nurse registry of necessary revisions. If
3994
a nurse registry fails to submit a plan or fails to submit
3995
requested information or revisions to the county health
3996
department within 30 days after written notification from the
3997
county health department, the county health department shall
3998
notify the Agency for Health Care Administration. The agency
3999
shall notify the nurse registry that its failure constitutes a
4000
deficiency, subject to a fine of $5,000 per occurrence. If the
4001
plan is not submitted, information is not provided, or revisions
4002
are not made as requested, the agency may impose the fine.
4003
(f) The Agency for Health Care Administration shall adopt
4004
rules establishing minimum criteria for the comprehensive
4005
emergency management plan and plan updates required by this
4006
subsection, with the concurrence of the Department of Health and
4007
in consultation with the Department of Community Affairs.
4008
Reviser's note.--Subsection (3) is amended to correct an
4009
erroneous reference. Section 400.508 does not exist; ss.
4011
range appears elsewhere in the section as amended by s. 80,
4012
ch. 2007-230, Laws of Florida. Subsection (12) is amended to
4013
correct an erroneous reference. Subsection (1) does not
4014
reference emergencies; subsection (12) provides for a
4015
comprehensive emergency management plan.
4016
Section 105. Subsection (5) of section 400.995, Florida
4017
Statutes, is amended to read:
4018
400.995 Agency administrative penalties.--
4019
(5) Any clinic whose owner fails to apply for a change-of-
4020
ownership license in accordance with s. 400.992 and operates the
4021
clinic under the new ownership is subject to a fine of $5,000.
4022
Reviser's note.--Amended to conform to the repeal of s.
4023
400.992 by s. 125, ch. 2007-230, Laws of Florida.
4024
Section 106. Paragraph (a) of subsection (13) of section
4025
403.031, Florida Statutes, is amended to read:
4026
403.031 Definitions.--In construing this chapter, or rules
4027
and regulations adopted pursuant hereto, the following words,
4028
phrases, or terms, unless the context otherwise indicates, have
4029
the following meanings:
4030
(13) "Waters" include, but are not limited to, rivers,
4031
lakes, streams, springs, impoundments, wetlands, and all other
4032
waters or bodies of water, including fresh, brackish, saline,
4033
tidal, surface, or underground waters. Waters owned entirely by
4034
one person other than the state are included only in regard to
4035
possible discharge on other property or water. Underground waters
4036
include, but are not limited to, all underground waters passing
4037
through pores of rock or soils or flowing through in channels,
4038
whether manmade or natural. Solely for purposes of s. 403.0885,
4039
waters of the state also include navigable waters or waters of
4040
the contiguous zone as used in s. 502 of the Clean Water Act, as
4041
amended, 33 U.S.C. ss. 1251 et seq., as in existence on January
4042
1, 1993, except for those navigable waters seaward of the
4043
boundaries of the state set forth in s. 1, Art. II of the State
4044
Constitution. Solely for purposes of this chapter, waters of the
4045
state also include the area bounded by the following:
4046
(a) Commence at the intersection of State Road (SRD) 5
4047
(U.S. 1) and the county line dividing Miami-Dade Dade and Monroe
4048
Counties, said point also being the mean high-water line of
4049
Florida Bay, located in section 4, township 60 south, range 39
4050
east of the Tallahassee Meridian for the point of beginning. From
4051
said point of beginning, thence run northwesterly along said SRD
4052
5 to an intersection with the north line of section 18, township
4053
58 south, range 39 east; thence run westerly to a point marking
4054
the southeast corner of section 12, township 58 south, range 37
4055
east, said point also lying on the east boundary of the
4056
Everglades National Park; thence run north along the east
4057
boundary of the aforementioned Everglades National Park to a
4058
point marking the northeast corner of section 1, township 58
4059
south, range 37 east; thence run west along said park to a point
4060
marking the northwest corner of said section 1; thence run
4061
northerly along said park to a point marking the northwest corner
4062
of section 24, township 57 south, range 37 east; thence run
4063
westerly along the south lines of sections 14, 15, and 16 to the
4064
southwest corner of section 16; thence leaving the Everglades
4065
National Park boundary run northerly along the west line of
4066
section 16 to the northwest corner of section 16; thence east
4067
along the northerly line of section 16 to a point at the
4068
intersection of the east one-half and west one-half of section 9;
4069
thence northerly along the line separating the east one-half and
4070
the west one-half of sections 9, 4, 33, and 28; thence run
4071
easterly along the north line of section 28 to the northeast
4072
corner of section 28; thence run northerly along the west line of
4073
section 22 to the northwest corner of section 22; thence easterly
4074
along the north line of section 22 to a point at the intersection
4075
of the east one-half and west one-half of section 15; thence run
4076
northerly along said line to the point of intersection with the
4077
north line of section 15; thence easterly along the north line of
4078
section 15 to the northeast corner of section 15; thence run
4079
northerly along the west lines of sections 11 and 2 to the
4080
northwest corner of section 2; thence run easterly along the
4081
north lines of sections 2 and 1 to the northeast corner of
4082
section 1, township 56 south, range 37 east; thence run north
4083
along the east line of section 36, township 55 south, range 37
4084
east to the northeast corner of section 36; thence run west along
4085
the north line of section 36 to the northwest corner of section
4086
36; thence run north along the west line of section 25 to the
4087
northwest corner of section 25; thence run west along the north
4088
line of section 26 to the northwest corner of section 26; thence
4089
run north along the west line of section 23 to the northwest
4090
corner of section 23; thence run easterly along the north line of
4091
section 23 to the northeast corner of section 23; thence run
4092
north along the west line of section 13 to the northwest corner
4093
of section 13; thence run east along the north line of section 13
4094
to a point of intersection with the west line of the southeast
4095
one-quarter of section 12; thence run north along the west line
4096
of the southeast one-quarter of section 12 to the northwest
4097
corner of the southeast one-quarter of section 12; thence run
4098
east along the north line of the southeast one-quarter of section
4099
12 to the point of intersection with the east line of section 12;
4100
thence run east along the south line of the northwest one-quarter
4101
of section 7 to the southeast corner of the northwest one-quarter
4102
of section 7; thence run north along the east line of the
4103
northwest one-quarter of section 7 to the point of intersection
4104
with the north line of section 7; thence run northerly along the
4105
west line of the southeast one-quarter of section 6 to the
4106
northwest corner of the southeast one-quarter of section 6;
4107
thence run east along the north lines of the southeast one-
4108
quarter of section 6 and the southwest one-quarter of section 5
4109
to the northeast corner of the southwest one-quarter of section
4110
5; thence run northerly along the east line of the northwest one-
4111
quarter of section 5 to the point of intersection with the north
4112
line of section 5; thence run northerly along the line dividing
4113
the east one-half and the west one-half of Lot 5 to a point
4114
intersecting the north line of Lot 5; thence run east along the
4115
north line of Lot 5 to the northeast corner of Lot 5, township 54
4116
1/2 south, range 38 east; thence run north along the west line of
4117
section 33, township 54 south, range 38 east to a point
4118
intersecting the northwest corner of the southwest one-quarter of
4119
section 33; thence run easterly along the north line of the
4120
southwest one-quarter of section 33 to the northeast corner of
4121
the southwest one-quarter of section 33; thence run north along
4122
the west line of the northeast one-quarter of section 33 to a
4123
point intersecting the north line of section 33; thence run
4124
easterly along the north line of section 33 to the northeast
4125
corner of section 33; thence run northerly along the west line of
4126
section 27 to a point intersecting the northwest corner of the
4127
southwest one-quarter of section 27; thence run easterly to the
4128
northeast corner of the southwest one-quarter of section 27;
4129
thence run northerly along the west line of the northeast one-
4130
quarter of section 27 to a point intersecting the north line of
4131
section 27; thence run west along the north line of section 27 to
4132
the northwest corner of section 27; thence run north along the
4133
west lines of sections 22 and 15 to the northwest corner of
4134
section 15; thence run easterly along the north lines of sections
4135
15 and 14 to the point of intersection with the L-31N Levee, said
4136
intersection located near the southeast corner of section 11,
4137
township 54 south, range 38 east; thence run northerly along
4138
Levee L-31N crossing SRD 90 (U.S. 41 Tamiami Trail) to an
4139
intersection common to Levees L-31N, L-29, and L-30, said
4140
intersection located near the southeast corner of section 2,
4141
township 54 south, range 38 east; thence run northeasterly,
4142
northerly, and northeasterly along Levee L-30 to a point of
4143
intersection with the Miami-Dade/Broward Dade/Broward Levee, said
4144
intersection located near the northeast corner of section 17,
4145
township 52 south, range 39 east; thence run due east to a point
4146
of intersection with SRD 27 (Krome Ave.); thence run
4147
northeasterly along SRD 27 to an intersection with SRD 25 (U.S.
4148
27), said intersection located in section 3, township 52 south,
4149
range 39 east; thence run northerly along said SRD 25, entering
4150
into Broward County, to an intersection with SRD 84 at Andytown;
4151
thence run southeasterly along the aforementioned SRD 84 to an
4152
intersection with the southwesterly prolongation of Levee L-35A,
4153
said intersection being located in the northeast one-quarter of
4154
section 5, township 50 south, range 40 east; thence run
4155
northeasterly along Levee L-35A to an intersection of Levee L-36,
4156
said intersection located near the southeast corner of section
4157
12, township 49 south, range 40 east; thence run northerly along
4158
Levee L-36, entering into Palm Beach County, to an intersection
4159
common to said Levees L-36, L-39, and L-40, said intersection
4160
located near the west quarter corner of section 19, township 47
4161
south, range 41 east; thence run northeasterly, easterly, and
4162
northerly along Levee L-40, said Levee L-40 being the easterly
4163
boundary of the Loxahatchee National Wildlife Refuge, to an
4164
intersection with SRD 80 (U.S. 441), said intersection located
4165
near the southeast corner of section 32, township 43 south, range
4166
40 east; thence run westerly along the aforementioned SRD 80 to a
4167
point marking the intersection of said road and the northeasterly
4168
prolongation of Levee L-7, said Levee L-7 being the westerly
4169
boundary of the Loxahatchee National Wildlife Refuge; thence run
4170
southwesterly and southerly along said Levee L-7 to an
4171
intersection common to Levees L-7, L-15 (Hillsborough Canal), and
4172
L-6; thence run southwesterly along Levee L-6 to an intersection
4173
common to Levee L-6, SRD 25 (U.S. 27), and Levee L-5, said
4174
intersection being located near the northwest corner of section
4175
27, township 47 south, range 38 east; thence run westerly along
4176
the aforementioned Levee L-5 to a point intersecting the east
4177
line of range 36 east; thence run northerly along said range line
4178
to a point marking the northeast corner of section 1, township 47
4179
south, range 36 east; thence run westerly along the north line of
4180
township 47 south, to an intersection with Levee L-23/24 (Miami
4181
Canal); thence run northwesterly along the Miami Canal Levee to a
4182
point intersecting the north line of section 22, township 46
4183
south, range 35 east; thence run westerly to a point marking the
4184
northwest corner of section 21, township 46 south, range 35 east;
4185
thence run southerly to the southwest corner of said section 21;
4186
thence run westerly to a point marking the northwest corner of
4187
section 30, township 46 south, range 35 east, said point also
4188
being on the line dividing Palm Beach and Hendry Counties; from
4189
said point, thence run southerly along said county line to a
4190
point marking the intersection of Broward, Hendry, and Collier
4191
Counties, said point also being the northeast corner of section
4192
1, township 49 south, range 34 east; thence run westerly along
4193
the line dividing Hendry and Collier Counties and continuing
4194
along the prolongation thereof to a point marking the southwest
4195
corner of section 36, township 48 south, range 29 east; thence
4196
run southerly to a point marking the southwest corner of section
4197
12, township 49 south, range 29 east; thence run westerly to a
4198
point marking the southwest corner of section 10, township 49
4199
south, range 29 east; thence run southerly to a point marking the
4200
southwest corner of section 15, township 49 south, range 29 east;
4201
thence run westerly to a point marking the northwest corner of
4202
section 24, township 49 south, range 28 east, said point lying on
4203
the west boundary of the Big Cypress Area of Critical State
4204
Concern as described in rule 28-25.001, Florida Administrative
4205
Code; thence run southerly along said boundary crossing SRD 84
4206
(Alligator Alley) to a point marking the southwest corner of
4207
section 24, township 50 south, range 28 east; thence leaving the
4208
aforementioned west boundary of the Big Cypress Area of Critical
4209
State Concern run easterly to a point marking the northeast
4210
corner of section 25, township 50 south, range 28 east; thence
4211
run southerly along the east line of range 28 east to a point
4212
lying approximately 0.15 miles south of the northeast corner of
4213
section 1, township 52 south, range 28 east; thence run
4214
southwesterly 2.4 miles more or less to an intersection with SRD
4215
90 (U.S. 41 Tamiami Trail), said intersection lying 1.1 miles
4216
more or less west of the east line of range 28 east; thence run
4217
northwesterly and westerly along SRD 90 to an intersection with
4218
the west line of section 10, township 52 south, range 28 east;
4219
thence leaving SRD 90 run southerly to a point marking the
4220
southwest corner of section 15, township 52 south, range 28 east;
4221
thence run westerly crossing the Faka Union Canal 0.6 miles more
4222
or less to a point; thence run southerly and parallel to the Faka
4223
Union Canal to a point located on the mean high-water line of
4224
Faka Union Bay; thence run southeasterly along the mean high-
4225
water line of the various bays, rivers, inlets, and streams to
4226
the point of beginning.
4227
Reviser's note.--Amended to conform to the redesignation of
4228
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4229
Dade County Code.
4230
Section 107. Subsection (2) of section 403.201, Florida
4231
Statutes, is amended to read:
4232
403.201 Variances.--
4233
(2) No variance shall be granted from any provision or
4234
requirement concerning discharges of waste into waters of the
4235
state or hazardous waste management which would result in the
4236
provision or requirement being less stringent than a comparable
4237
federal provision or requirement, except as provided in s.
4238
403.70715 403.7221.
4239
Reviser's note.--Amended to conform to the redesignation of
4240
s. 403.7221 as s. 403.70715 by s. 20, ch. 2007-184, Laws of
4241
Florida.
4242
Section 108. Paragraph (a) of subsection (6) of section
4243
403.707, Florida Statutes, is amended to read:
4244
403.707 Permits.--
4245
(6) The department may issue a construction permit pursuant
4246
to this part only to a solid waste management facility that
4247
provides the conditions necessary to control the safe movement of
4248
wastes or waste constituents into surface or ground waters or the
4249
atmosphere and that will be operated, maintained, and closed by
4250
qualified and properly trained personnel. Such facility must if
4251
necessary:
4252
(a) Use natural or artificial barriers that which are
4253
capable of controlling lateral or vertical movement of wastes or
4254
waste constituents into surface or ground waters.
4255
4256
Open fires, air-curtain incinerators, or trench burning may not
4257
be used as a means of disposal at a solid waste management
4258
facility, unless permitted by the department under s. 403.087.
4259
Reviser's note.--Amended to confirm the editorial deletion
4260
of the word "which" following the word "that" to correct a
4261
drafting error that occurred in the amendment to the section
4262
by s. 12, ch. 2007-184, Laws of Florida.
4263
Section 109. Subsections (1),(2), and (3) of section
4264
403.890, Florida Statutes, as amended by section 2 of chapter
4265
2007-335, Laws of Florida, are amended to read:
4266
403.890 Water Protection and Sustainability Program;
4267
intent; goals; purposes.--
4268
(1) Effective July 1, 2006, revenues transferred from the
4269
Department of Revenue pursuant to s. 201.15(1)(d)2. shall be
4270
deposited into the Water Protection and Sustainability Program
4271
Trust Fund in the Department of Environmental Protection. These
4272
revenues and any other additional revenues deposited into or
4273
appropriated to the Water Protection and Sustainability Program
4274
Trust Fund shall be distributed by the Department of
4275
Environmental Protection in the following manner:
4276
(a) Sixty percent to the Department of Environmental
4277
Protection for the implementation of an alternative water supply
4278
program as provided in s. 373.1961.
4279
(b) Twenty percent for the implementation of best
4280
management practices and capital project expenditures necessary
4281
for the implementation of the goals of the total maximum daily
4282
load program established in s. 403.067. Of these funds, 85
4283
percent shall be transferred to the credit of the Department of
4284
Environmental Protection Water Quality Assurance Trust Fund to
4285
address water quality impacts associated with nonagricultural
4286
nonpoint sources. Fifteen percent of these funds shall be
4287
transferred to the Department of Agriculture and Consumer
4288
Services General Inspection Trust Fund to address water quality
4289
impacts associated with agricultural nonpoint sources. These
4290
funds shall be used for research, development, demonstration, and
4291
implementation of the total maximum daily load program under s.
4292
403.067, suitable best management practices or other measures
4293
used to achieve water quality standards in surface waters and
4294
water segments identified pursuant to s. 303(d) of the Clean
4295
Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
4296
Implementation of best management practices and other measures
4297
may include cost-share grants, technical assistance,
4298
implementation tracking, and conservation leases or other
4299
agreements for water quality improvement. The Department of
4300
Environmental Protection and the Department of Agriculture and
4301
Consumer Services may adopt rules governing the distribution of
4302
funds for implementation of capital projects, best management
4303
practices, and other measures. These funds shall not be used to
4304
abrogate the financial responsibility of those point and nonpoint
4305
sources that have contributed to the degradation of water or land
4306
areas. Increased priority shall be given by the department and
4307
the water management district governing boards to those projects
4308
that have secured a cost-sharing agreement allocating
4309
responsibility for the cleanup of point and nonpoint sources.
4310
(c) Ten percent shall be disbursed for the purposes of
4312
restoration activities in water-management-district-designated
4313
priority water bodies. The Secretary of Environmental Protection
4314
shall ensure that each water management district receives the
4315
following percentage of funds annually:
4316
1. Thirty-five percent to the South Florida Water
4317
Management District;
4318
2. Twenty-five percent to the Southwest Florida Water
4319
Management District;
4320
3. Twenty-five percent to the St. Johns River Water
4321
Management District;
4322
4. Seven and one-half percent to the Suwannee River Water
4323
Management District; and
4324
5. Seven and one-half percent to the Northwest Florida
4325
Water Management District.
4326
(d) Ten percent to the Department of Environmental
4327
Protection for the Disadvantaged Small Community Wastewater Grant
4328
Program as provided in s. 403.1838.
4329
(2) Applicable beginning in the 2007-2008 fiscal year,
4330
revenues transferred from the Department of Revenue pursuant to
4331
s. 201.15(1)(d)2. shall be deposited into the Water Protection
4332
and Sustainability Program Trust Fund in the Department of
4333
Environmental Protection. These revenues and any other additional
4334
revenues deposited into or appropriated to the Water Protection
4335
and Sustainability Program Trust Fund shall be distributed by the
4336
Department of Environmental Protection in the following manner:
4337
(a) Sixty-five percent to the Department of Environmental
4338
Protection for the implementation of an alternative water supply
4339
program as provided in s. 373.1961.
4340
(b) Twenty-two and five-tenths percent for the
4341
implementation of best management practices and capital project
4342
expenditures necessary for the implementation of the goals of the
4343
total maximum daily load program established in s. 403.067. Of
4344
these funds, 83.33 percent shall be transferred to the credit of
4345
the Department of Environmental Protection Water Quality
4346
Assurance Trust Fund to address water quality impacts associated
4347
with nonagricultural nonpoint sources. Sixteen and sixty-seven
4348
hundredths percent of these funds shall be transferred to the
4349
Department of Agriculture and Consumer Services General
4350
Inspection Trust Fund to address water quality impacts associated
4351
with agricultural nonpoint sources. These funds shall be used for
4352
research, development, demonstration, and implementation of the
4353
total maximum daily load program under s. 403.067, suitable best
4354
management practices or other measures used to achieve water
4355
quality standards in surface waters and water segments identified
4356
pursuant to s. 303(d) of the Clean Water Act, Pub. L. No. 92-500,
4357
33 U.S.C. ss. 1251 et seq. Implementation of best management
4358
practices and other measures may include cost-share grants,
4359
technical assistance, implementation tracking, and conservation
4360
leases or other agreements for water quality improvement. The
4361
Department of Environmental Protection and the Department of
4362
Agriculture and Consumer Services may adopt rules governing the
4363
distribution of funds for implementation of capital projects,
4364
best management practices, and other measures. These funds shall
4365
not be used to abrogate the financial responsibility of those
4366
point and nonpoint sources that have contributed to the
4367
degradation of water or land areas. Increased priority shall be
4368
given by the department and the water management district
4369
governing boards to those projects that have secured a cost-
4370
sharing agreement allocating responsibility for the cleanup of
4371
point and nonpoint sources.
4372
(c) Twelve and five-tenths percent to the Department of
4373
Environmental Protection for the Disadvantaged Small Community
4374
Wastewater Grant Program as provided in s. 403.1838.
4375
(d) On June 30, 2009, and every 24 months thereafter, the
4376
Department of Environmental Protection shall request the return
4377
of all unencumbered funds distributed pursuant to this section.
4378
These funds shall be deposited into the Water Protection and
4379
Sustainability Program Trust Fund and redistributed pursuant to
4380
the provisions of this section.
4381
(3) For fiscal year 2005-2006, funds deposited or
4382
appropriated into the Water Protection and Sustainability Program
4383
Trust Fund shall be distributed as follows:
4384
(a) One hundred million dollars to the Department of
4385
Environmental Protection for the implementation of an alternative
4386
water supply program as provided in s. 373.1961.
4387
(b) Funds remaining after the distribution provided for in
4388
subsection (1) shall be distributed as follows:
4389
1. Fifty percent for the implementation of best management
4390
practices and capital project expenditures necessary for the
4391
implementation of the goals of the total maximum daily load
4392
program established in s. 403.067. Of these funds, 85 percent
4393
shall be transferred to the credit of the Department of
4394
Environmental Protection Water Quality Assurance Trust Fund to
4395
address water quality impacts associated with nonagricultural
4396
nonpoint sources. Fifteen percent of these funds shall be
4397
transferred to the Department of Agriculture and Consumer
4398
Services General Inspection Trust Fund to address water quality
4399
impacts associated with agricultural nonpoint sources. These
4400
funds shall be used for research, development, demonstration, and
4401
implementation of suitable best management practices or other
4402
measures used to achieve water quality standards in surface
4403
waters and water segments identified pursuant to s. 303(d) of the
4404
Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
4405
Implementation of best management practices and other measures
4406
may include cost-share grants, technical assistance,
4407
implementation tracking, and conservation leases or other
4408
agreements for water quality improvement. The Department of
4409
Environmental Protection and the Department of Agriculture and
4410
Consumer Services may adopt rules governing the distribution of
4411
funds for implementation of best management practices. These
4412
funds shall not be used to abrogate the financial responsibility
4413
of those point and nonpoint sources that have contributed to the
4414
degradation of water or land areas. Increased priority shall be
4415
given by the department and the water management district
4416
governing boards to those projects that have secured a cost-
4417
sharing agreement allocating responsibility for the cleanup of
4418
point and nonpoint sources.
4419
2. Twenty-five percent for the purposes of funding projects
4421
activities in water-management-district-designated priority water
4422
bodies. The Secretary of Environmental Protection shall ensure
4423
that each water management district receives the following
4424
percentage of funds annually:
4425
a. Thirty-five percent to the South Florida Water
4426
Management District;
4427
b. Twenty-five percent to the Southwest Florida Water
4428
Management District;
4429
c. Twenty-five percent to the St. Johns River Water
4430
Management District;
4431
d. Seven and one-half percent to the Suwannee River Water
4432
Management District; and
4433
e. Seven and one-half percent to the Northwest Florida
4434
Water Management District.
4435
3. Twenty-five percent to the Department of Environmental
4436
Protection for the Disadvantaged Small Community Wastewater Grant
4437
Program as provided in s. 403.1838.
4438
4439
Prior to the end of the 2008 Regular Session, the Legislature
4440
must review the distribution of funds under the Water Protection
4441
and Sustainability Program to determine if revisions to the
4442
funding formula are required. At the discretion of the President
4443
of the Senate and the Speaker of the House of Representatives,
4444
the appropriate substantive committees of the Legislature may
4445
conduct an interim project to review the Water Protection and
4446
Sustainability Program and the funding formula and make written
4447
recommendations to the Legislature proposing necessary changes,
4448
if any.
4449
Reviser's note.--Amended to confirm the insertion of the
4450
word "Program" by the editors to conform to the name of the
4451
trust fund at s. 403.891, which creates the fund.
4452
Section 110. Section 403.8911, Florida Statutes, is amended
4453
to read:
4454
403.8911 Annual appropriation from the Water Protection and
4455
Sustainability Program Trust Fund.--
4456
(1) Funds paid into the Water Protection and Sustainability
4457
Program Trust Fund pursuant to s. 201.15(1)(d) are hereby
4458
annually appropriated for expenditure for the purposes for which
4459
the Water Protection and Sustainability Program Trust Fund is
4460
established.
4461
(2) If the Water Protection and Sustainability Program
4462
Trust Fund is not created, such funds are hereby annually
4463
appropriated for expenditure from the Ecosystem Management and
4464
Restoration Trust Fund solely for the purposes established in s.
4465
4466
Reviser's note.--Amended to conform to the name of the trust
4467
fund at s. 403.891, which creates the fund.
4468
Section 111. Subsections (6), (7), and (12) and paragraph
4469
(b) of subsection (13) of section 403.973, Florida Statutes, are
4470
amended to read:
4471
403.973 Expedited permitting; comprehensive plan
4472
amendments.--
4473
(6) The local government shall hold a duly noticed public
4474
hearing to execute a memorandum of agreement for each qualified
4475
project. Notwithstanding any other provision of law, and at the
4476
option of the local government, the workshop provided for in
4477
subsection (5) (6) may be conducted on the same date as the
4478
public hearing held under this subsection. The memorandum of
4479
agreement that a local government signs shall include a provision
4480
identifying necessary local government procedures and time limits
4481
that will be modified to allow for the local government decision
4482
on the project within 90 days. The memorandum of agreement
4483
applies to projects, on a case-by-case basis, that qualify for
4484
special review and approval as specified in this section. The
4485
memorandum of agreement must make it clear that this expedited
4486
permitting and review process does not modify, qualify, or
4487
otherwise alter existing local government nonprocedural standards
4488
for permit applications, unless expressly authorized by law.
4489
(7) At the option of the participating local government,
4490
appeals of its final approval for a project may be pursuant to
4491
the summary hearing provisions of s. 120.574, pursuant to
4492
subsection (14) (15), or pursuant to other appellate processes
4493
available to the local government. The local government's
4494
decision to enter into a summary hearing must be made as provided
4495
in s. 120.574 or in the memorandum of agreement.
4496
(12) The applicant, the regional permit action team, and
4497
participating local governments may agree to incorporate into a
4498
single document the permits, licenses, and approvals that are
4499
obtained through the expedited permit process. This consolidated
4500
permit is subject to the summary hearing provisions set forth in
4501
subsection (14) (15).
4502
(13) Notwithstanding any other provisions of law:
4503
(b) Projects qualified under this section are not subject
4504
to interstate highway level-of-service standards adopted by the
4505
Department of Transportation for concurrency purposes. The
4506
memorandum of agreement specified in subsection (5) (6) must
4507
include a process by which the applicant will be assessed a fair
4508
share of the cost of mitigating the project's significant traffic
4509
impacts, as defined in chapter 380 and related rules. The
4510
agreement must also specify whether the significant traffic
4511
impacts on the interstate system will be mitigated through the
4512
implementation of a project or payment of funds to the Department
4513
of Transportation. Where funds are paid, the Department of
4514
Transportation must include in the 5-year work program
4515
transportation projects or project phases, in an amount equal to
4516
the funds received, to mitigate the traffic impacts associated
4517
with the proposed project.
4518
Reviser's note.--Amended to conform to the repeal of former
4519
subsection (4) by s. 23, ch. 2007-105, Laws Of Florida.
4520
Section 112. Subsection (5) of section 408.032, Florida
4521
Statutes, is amended to read:
4522
408.032 Definitions relating to Health Facility and
4524
term:
4525
(5) "District" means a health service planning district
4526
composed of the following counties:
4527
District 1.--Escambia, Santa Rosa, Okaloosa, and Walton
4528
Counties.
4529
District 2.--Holmes, Washington, Bay, Jackson, Franklin,
4530
Gulf, Gadsden, Liberty, Calhoun, Leon, Wakulla, Jefferson,
4531
Madison, and Taylor Counties.
4532
District 3.--Hamilton, Suwannee, Lafayette, Dixie, Columbia,
4533
Gilchrist, Levy, Union, Bradford, Putnam, Alachua, Marion,
4534
Citrus, Hernando, Sumter, and Lake Counties.
4535
District 4.--Baker, Nassau, Duval, Clay, St. Johns, Flagler,
4536
and Volusia Counties.
4537
District 5.--Pasco and Pinellas Counties.
4538
District 6.--Hillsborough, Manatee, Polk, Hardee, and
4539
Highlands Counties.
4540
District 7.--Seminole, Orange, Osceola, and Brevard
4541
Counties.
4542
District 8.--Sarasota, DeSoto, Charlotte, Lee, Glades,
4543
Hendry, and Collier Counties.
4544
District 9.--Indian River, Okeechobee, St. Lucie, Martin,
4545
and Palm Beach Counties.
4546
District 10.--Broward County.
4547
District 11.--Miami-Dade Dade and Monroe Counties.
4548
Reviser's note.--Amended to conform to the redesignation of
4549
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4550
Dade County Code.
4551
Section 113. Paragraph (b) of subsection (2) of section
4552
409.166, Florida Statutes, is amended to read:
4553
409.166 Children within the child welfare system; adoption
4554
assistance program.--
4555
(2) DEFINITIONS.--As used in this section, the term:
4556
(b) "Adoption assistance" means financial assistance and
4557
services provided to a child and his or her adoptive family. Such
4558
assistance may include a maintenance subsidy, medical assistance,
4559
Medicaid assistance, and reimbursement of nonrecurring expenses
4560
associated with the legal adoption. The term also includes a
4561
tuition exemption at a postsecondary career program, community
4562
college, or state university, and a state employee adoption
4563
benefit under s. 409.1663 110.152.
4564
Reviser's note.--Amended to conform to the repeal of s.
4565
110.152 by s. 3, ch. 2007-119, Laws of Florida, and the
4566
enactment of similar provisions in s. 409.1663 by s. 1, ch.
4567
2007-119.
4568
Section 114. Subsection (2) of section 409.1677, Florida
4569
Statutes, is amended to read:
4570
409.1677 Model comprehensive residential services
4571
programs.--
4572
(2) The department shall establish a model comprehensive
4573
residential services program in Dade and Manatee and Miami-Dade
4574
Counties through a contract with the designated lead agency
4575
established in accordance with s. 409.1671 or with a private
4576
entity capable of providing residential group care and home-based
4577
care and experienced in the delivery of a range of services to
4578
foster children, if no lead agency exists. These model programs
4579
are to serve that portion of eligible children within each county
4580
which is specified in the contract, based on funds appropriated,
4581
to include a full array of services for a fixed price. The
4582
private entity or lead agency is responsible for all programmatic
4583
functions necessary to carry out the intent of this section.
4584
Reviser's note.--Amended to conform to the redesignation of
4585
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4586
Dade County Code.
4587
Section 115. Subsection (2) of section 409.25661, Florida
4588
Statutes, is amended to read:
4589
409.25661 Public records exemption for insurance claim data
4590
exchange information.--
4591
(2) This section is subject to the Open Government Sunset
4592
Review Act of 1995 in accordance with s. 119.15 and shall stand
4593
repealed on October 2, 2009, unless reviewed and saved from
4594
repeal through reenactment by the Legislature.
4595
Reviser's note.--Amended to conform to the renaming of the
4596
"Open Government Sunset Review Act of 1995" as the "Open
4597
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
4598
of Florida.
4599
Section 116. Subsection (4) of section 413.271, Florida
4600
Statutes, is repealed.
4601
Reviser's note.--Repealed to delete obsolete provisions. The
4602
cited subsection provided that the Florida Coordinating
4603
Council for the Deaf and Hard of Hearing provide reports and
4604
recommendations by January 1, 2005, and January 1, 2006.
4605
Section 117. Paragraph (d) of subsection (12) of section
4606
420.5095, Florida Statutes, is amended to read:
4607
420.5095 Community Workforce Housing Innovation Pilot
4608
Program.--
4609
(12) All eligible applications shall:
4610
(d) Have grants, donations of land, or contributions from
4611
the public-private partnership or other sources collectively
4612
totaling at least 10 percent of the total development cost or $2
4613
million, whichever is less. Such grants, donations of land, or
4614
contributions must be evidenced by a letter of commitment, an
4615
agreement, contract, deed, memorandum of understanding, or other
4616
written instrument at the time of application. Grants, donations
4617
of land, or contributions in excess of 10 percent of the
4618
development cost shall increase the application score.
4619
Reviser's note.--Amended to confirm the editorial deletion
4620
of the word "an" following the word "commitment" to correct
4621
sentence construction.
4622
Section 118. Subsection (2) of section 420.9076, Florida
4623
Statutes, is amended to read:
4624
420.9076 Adoption of affordable housing incentive
4625
strategies; committees.--
4626
(2) The governing board of a county or municipality shall
4627
appoint the members of the affordable housing advisory committee
4628
by resolution. Pursuant to the terms of any interlocal agreement,
4629
a county and municipality may create and jointly appoint an
4630
advisory committee to prepare a joint plan. The ordinance adopted
4631
pursuant to s. 420.9072 which creates the advisory committee or
4632
the resolution appointing the advisory committee members must
4633
provide for 11 committee members and their terms. The committee
4634
must include:
4635
(a) One citizen who is actively engaged in the residential
4636
home building industry in connection with affordable housing.
4637
(b) One citizen who is actively engaged in the banking or
4638
mortgage banking industry in connection with affordable housing.
4639
(c) One citizen who is a representative of those areas of
4640
labor actively engaged in home building in connection with
4641
affordable housing.
4642
(d) One citizen who is actively engaged as an advocate for
4643
low-income persons in connection with affordable housing.
4644
(e) One citizen who is actively engaged as a for-profit
4645
provider of affordable housing.
4646
(f) One citizen who is actively engaged as a not-for-profit
4647
provider of affordable housing.
4648
(g) One citizen who is actively engaged as a real estate
4649
professional in connection with affordable housing.
4650
(h) One citizen who actively serves on the local planning
4651
agency pursuant to s. 163.3174.
4652
(i) One citizen who resides within the jurisdiction of the
4653
local governing body making the appointments.
4654
(j) One citizen who represents employers within the
4655
jurisdiction.
4656
(k) One citizen who represents essential services
4657
personnel, as defined in the local housing assistance plan.
4658
4659
If a county or eligible municipality whether due to its small
4660
size, the presence of a conflict of interest by prospective
4661
appointees, or other reasonable factor, is unable to appoint a
4662
citizen actively engaged in these activities in connection with
4663
affordable housing, a citizen engaged in the activity without
4664
regard to affordable housing may be appointed. Local governments
4665
that receive the minimum allocation under the State Housing
4666
Initiatives Partnership Program may elect to appoint an
4667
affordable housing advisory committee with fewer than 11
4668
representatives if they are unable to find representatives who
4669
that meet the criteria of paragraphs (a)-(k).
4670
Reviser's note.--Amended to confirm the editorial
4671
substitution of the word "who" for the word "that" to
4672
improve clarity and facilitate correct interpretation.
4673
Section 119. Subsection (2) of section 429.35, Florida
4674
Statutes, is amended to read:
4675
429.35 Maintenance of records; reports.--
4676
(2) Within 60 days after the date of the biennial
4677
inspection visit required under s. 408.811 or within 30 days
4678
after the date of any interim visit, the agency shall forward the
4679
results of the inspection to the local ombudsman council in whose
4680
planning and service area, as defined in part II I of chapter
4681
400, the facility is located; to at least one public library or,
4682
in the absence of a public library, the county seat in the county
4683
in which the inspected assisted living facility is located; and,
4684
when appropriate, to the district Adult Services and Mental
4685
Health Program Offices.
4686
Reviser's note.--Amended to correct an erroneous reference.
4687
"Planning and service area" is defined in part II of chapter
4688
400.
4689
Section 120. Subsection (1) of section 429.907, Florida
4690
Statutes, is amended to read:
4691
429.907 License requirement; fee; exemption; display.--
4692
(1) The requirements of part II of chapter 408 apply to the
4693
provision of services that require licensure pursuant to this
4694
part and part II of chapter 408 and to entities licensed by or
4695
applying for such licensure from the Agency for Health Care
4696
Administration pursuant to this part. A license issued by the
4697
agency is required in order to operate an adult day care center
4698
in this state.
4699
Reviser's note.--Amended to confirm the editorial insertion
4700
of the word "center" to improve clarity and facilitate
4701
correct interpretation.
4702
Section 121. Subsection (4) of section 440.3851, Florida
4703
Statutes, is amended to read:
4704
440.3851 Public records and public meetings exemptions.--
4705
(4) This section is subject to the Open Government Sunset
4706
Review Act of 1995 in accordance with s. 119.15 and shall stand
4707
repealed on October 2, 2010, unless reviewed and saved from
4708
repeal through reenactment by the Legislature.
4709
Reviser's note.--Amended to conform to the renaming of the
4710
"Open Government Sunset Review Act of 1995" as the "Open
4711
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
4712
of Florida.
4713
Section 122. Paragraph (i) of subsection (5) of section
4714
445.004, Florida Statutes, is repealed.
4715
Reviser's note.--The referenced subsection, which relates to
4716
Enterprise Florida, Inc., working with the Department of
4717
Education and Workforce Florida, Inc., in designating
4718
districts to participate in the CHOICE project under
4719
repealed s. 1003.494, has served its purpose.
4720
Section 123. Section 446.43, Florida Statutes, is amended
4721
to read:
4722
446.43 Scope and coverage of Rural Workforce Services
4723
Program.--The scope of the area to be covered by the Rural
4724
Workforce Services Program will include all counties of the state
4725
not classified as standard metropolitan statistical areas (SMSA)
4726
by the United States Department of Labor Manpower Administration.
4727
Florida's designated SMSA labor areas include: Broward, Miami-
4728
Dade Dade, Duval, Escambia, Hillsborough, Pinellas, Leon, Orange,
4729
and Palm Beach Counties.
4730
Reviser's note.--Amended to conform to the redesignation of
4731
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4732
Dade County Code.
4733
Section 124. Paragraph (g) of subsection (1) of section
4734
468.832, Florida Statutes, is amended to read:
4735
468.832 Disciplinary proceedings.--
4736
(1) The following acts constitute grounds for which the
4737
disciplinary actions in subsection (2) may be taken:
4738
(g) Engaging in fraud or deceit, or of negligence,
4739
incompetency, or misconduct, in the practice of home inspection
4740
services;
4741
Reviser's note.--Amended to confirm the editorial deletion
4742
of the word "of" preceding the word "negligence" to correct
4743
sentence structure and facilitate correct interpretation.
4744
Section 125. Paragraph (c) of subsection (1) of section
4745
468.8419, Florida Statutes, is amended to read:
4746
468.8419 Prohibitions; penalties.--
4747
(1) A mold assessor, a company that employs a mold
4748
assessor, or a company that is controlled by a company that also
4749
has a financial interest in a company employing a mold assessor
4750
may not:
4751
(c) Use the name or title "certified mold assessor,"
4752
"registered mold assessor," "licensed mold assessor," "mold
4753
assessor," "professional mold assessor," or any combination
4754
thereof unless the person has complied with the provisions of
4755
this part.
4756
Reviser's note.--Amended to confirm the editorial insertion
4757
of the word "of" to correct sentence structure.
4758
Section 126. Paragraph (g) of subsection (1) of section
4759
468.842, Florida Statutes, is amended to read:
4760
468.842 Disciplinary proceedings.--
4761
(1) The following acts constitute grounds for which the
4762
disciplinary actions in subsection (2) may be taken:
4763
(g) Engaging in fraud or deceit, or of negligence,
4764
incompetency, or misconduct, in the practice of mold assessment
4765
or mold remediation;
4766
Reviser's note.--Amended to confirm the editorial deletion
4767
of the word "of" preceding the word "negligence" to correct
4768
sentence structure and facilitate correct interpretation.
4769
Section 127. Subsection (5) of section 477.0135, Florida
4770
Statutes, is amended to read:
4771
477.0135 Exemptions.--
4772
(5) A license is not required of any individual providing
4773
makeup, special effects, or cosmetology services to an actor,
4774
stunt person, musician, extra, or other talent during a
4775
production recognized by the Office of Film and Entertainment as
4777
Such services are not required to be performed in a licensed
4778
salon. Individuals exempt under this subsection may not provide
4779
such services to the general public.
4780
Reviser's note.--Amended to conform to the substantial
4781
rewording of s. 288.1254 by s. 2, ch. 2007-125, Laws of
4782
Florida; s. 288.1254(1) now defines a qualified production.
4783
Section 128. Subsection (6) of section 481.215, Florida
4784
Statutes, is amended to read:
4785
481.215 Renewal of license.--
4786
(6) The board shall require, by rule adopted pursuant to
4788
specialized or advanced courses, approved by the Florida Building
4789
Commission, on any portion of the Florida Building Code, adopted
4790
pursuant to part IV VII of chapter 553, relating to the
4791
licensee's respective area of practice.
4792
Reviser's note.--Amended to correct an erroneous reference.
4793
Part VII of chapter 553 relates to standards for radon-
4794
resistant buildings; part IV of chapter 553 relates to the
4795
Florida Building Code.
4796
Section 129. Subsection (6) of section 481.313, Florida
4797
Statutes, is amended to read:
4798
481.313 Renewal of license.--
4799
(6) The board shall require, by rule adopted pursuant to
4801
specialized or advanced courses, approved by the Florida Building
4802
Commission, on any portion of the Florida Building Code, adopted
4803
pursuant to part IV VII of chapter 553, relating to the
4804
licensee's respective area of practice.
4805
Reviser's note.--Amended to correct an erroneous reference.
4806
Part VII of chapter 553 relates to standards for radon-
4807
resistant buildings; part IV of chapter 553 relates to the
4808
Florida Building Code.
4809
Section 130. Subsection (1) of section 487.048, Florida
4810
Statutes, is amended to read:
4811
487.048 Dealer's license; records.--
4812
(1) Each person holding or offering for sale, selling, or
4813
distributing restricted-use pesticides shall obtain a dealer's
4814
license from the department. Application for the license shall be
4815
made on a form prescribed by the department. The license must be
4816
obtained before entering into business or transferring ownership
4817
of a business. The department may require examination or other
4818
proof of competency of individuals to whom licenses are issued or
4819
of individuals employed by persons to whom licenses are issued.
4820
Demonstration of continued competency may be required for license
4821
renewal, as set by rule. The license shall be renewed annually as
4822
provided by rule. An annual license fee not exceeding $250 shall
4823
be established by rule. However, a user of a restricted-use
4824
pesticide may distribute unopened containers of a properly
4825
labeled pesticide to another user who is legally entitled to use
4826
that restricted-use pesticide without obtaining a pesticide
4827
dealer's license. The exclusive purpose of distribution of the
4828
restricted-use pesticide is to keep it from becoming a hazardous
4830
Reviser's note.--Amended to conform to the substantial
4831
rewording of s. 403.703 by s. 6, ch. 2007-184, Laws of
4832
Florida; s. 403.703(13) now defines hazardous waste.
4833
Section 131. Paragraph (b) of subsection (4) and subsection
4834
(9) of section 489.115, Florida Statutes, are amended to read:
4835
489.115 Certification and registration; endorsement;
4836
reciprocity; renewals; continuing education.--
4837
(4)
4838
(b)1. Each certificateholder or registrant shall provide
4839
proof, in a form established by rule of the board, that the
4840
certificateholder or registrant has completed at least 14
4841
classroom hours of at least 50 minutes each of continuing
4842
education courses during each biennium since the issuance or
4843
renewal of the certificate or registration. The board shall
4844
establish by rule that a portion of the required 14 hours must
4845
deal with the subject of workers' compensation, business
4846
practices, workplace safety, and, for applicable licensure
4847
categories, wind mitigation methodologies, and 1 hour of which
4848
must deal with laws and rules. The board shall by rule establish
4849
criteria for the approval of continuing education courses and
4850
providers, including requirements relating to the content of
4851
courses and standards for approval of providers, and may by rule
4852
establish criteria for accepting alternative nonclassroom
4853
continuing education on an hour-for-hour basis. The board shall
4854
prescribe by rule the continuing education, if any, which is
4855
required during the first biennium of initial licensure. A person
4856
who has been licensed for less than an entire biennium must not
4857
be required to complete the full 14 hours of continuing
4858
education.
4859
2. In addition, the board may approve specialized
4860
continuing education courses on compliance with the wind
4861
resistance provisions for one and two family dwellings contained
4862
in the Florida Building Code and any alternate methodologies for
4863
providing such wind resistance which have been approved for use
4864
by the Florida Building Commission. Division I certificateholders
4865
or registrants who demonstrate proficiency upon completion of
4866
such specialized courses may certify plans and specifications for
4867
one and two family dwellings to be in compliance with the code or
4868
alternate methodologies, as appropriate, except for dwellings
4869
located in floodways or coastal hazard areas as defined in ss.
4870
60.3D and E of the National Flood Insurance Program.
4871
3. Each certificateholder or registrant shall provide to
4872
the board proof of completion of the core curriculum courses, or
4873
passing the equivalency test of the Building Code Training
4874
Program established under s. 553.841, specific to the licensing
4875
category sought, within 2 years after commencement of the program
4876
or of initial certification or registration, whichever is later.
4877
Classroom hours spent taking core curriculum courses shall count
4878
toward the number required for renewal of certificates or
4879
registration. A certificateholder or registrant who passes the
4880
equivalency test in lieu of taking the core curriculum courses
4881
shall receive full credit for core curriculum course hours.
4882
4. The board shall require, by rule adopted pursuant to ss.
4884
or advanced module courses, approved by the Florida Building
4885
Commission, on any portion of the Florida Building Code, adopted
4886
pursuant to part IV VII of chapter 553, relating to the
4887
contractor's respective discipline.
4888
(9) An initial applicant shall submit, along with the
4889
application, a complete set of fingerprints in a form and manner
4890
required by the department. The fingerprints shall be submitted
4891
to the Department of Law Enforcement for state processing, and
4892
the Department of Law Enforcement shall forward them to the
4893
Federal Bureau of Investigation for the purpose of conducting a
4894
level 2 background check pursuant to s. 435.04. The department
4895
shall and the board may review the background results to
4896
determine if an applicant meets licensure requirements. The cost
4897
for the fingerprint processing shall be borne by the person
4898
subject to the background screening. These fees are to be
4899
collected by the authorized agencies or vendors. The authorized
4900
agencies or vendors are responsible for paying the processing
4901
costs to the Department of Law Enforcement.
4902
Reviser's note.--Paragraph (4)(b) is amended to correct an
4903
erroneous reference. Part VII of chapter 553 relates to
4904
standards for radon-resistant buildings; part IV of chapter
4905
553 relates to the Florida Building Code. Subsection (9) is
4906
amended to confirm the editorial insertion of the word "of"
4907
to correct sentence construction.
4908
Section 132. Paragraph (h) of subsection (1) of section
4909
489.127, Florida Statutes, is amended to read:
4910
489.127 Prohibitions; penalties.--
4911
(1) No person shall:
4912
(h) Commence or perform work for which a building permit is
4913
required pursuant to part IV VII of chapter 553 without such
4914
building permit being in effect; or
4915
4916
For purposes of this subsection, a person or business
4917
organization operating on an inactive or suspended certificate,
4918
registration, or certificate of authority is not duly certified
4919
or registered and is considered unlicensed. A business tax
4920
receipt issued under the authority of chapter 205 is not a
4921
license for purposes of this part.
4922
Reviser's note.--Amended to correct an erroneous reference.
4923
Part VII of chapter 553 relates to standards for radon-
4924
resistant buildings; part IV of chapter 553 relates to the
4925
Florida Building Code and required building permits.
4926
Section 133. Subsection (6) of section 489.517, Florida
4927
Statutes, is amended to read:
4928
489.517 Renewal of certificate or registration; continuing
4929
education.--
4930
(6) The board shall require, by rule adopted pursuant to
4932
specialized or advanced module courses, approved by the Florida
4933
Building Commission, on any portion of the Florida Building Code,
4934
adopted pursuant to part IV VII of chapter 553, relating to the
4935
contractor's respective discipline.
4936
Reviser's note.--Amended to correct an erroneous reference.
4937
Part VII of chapter 553 relates to standards for radon-
4938
resistant buildings; part IV of chapter 553 relates to the
4939
Florida Building Code.
4940
Section 134. Paragraph (i) of subsection (1) of section
4941
489.531, Florida Statutes, is amended to read:
4942
489.531 Prohibitions; penalties.--
4943
(1) A person may not:
4944
(i) Commence or perform work for which a building permit is
4945
required pursuant to part IV VII of chapter 553 without the
4946
building permit being in effect; or
4947
Reviser's note.--Amended to correct an erroneous reference.
4948
Part VII of chapter 553 relates to standards for radon-
4949
resistant buildings; part IV of chapter 553 relates to the
4950
Florida Building Code.
4951
Section 135. Subsection (5) of section 497.172, Florida
4952
Statutes, is amended to read:
4953
497.172 Public records exemptions; public meetings
4954
exemptions.--
4955
(5) REVIEW AND REPEAL.--This section is subject to the Open
4956
Government Sunset Review Act of 1995 in accordance with s.
4957
119.15, and shall stand repealed on October 2, 2010, unless
4958
reviewed and saved from repeal through reenactment by the
4959
Legislature.
4960
Reviser's note.--Amended to conform to the renaming of the
4961
"Open Government Sunset Review Act of 1995" as the "Open
4962
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
4963
of Florida.
4964
Section 136. Subsection (3) of section 497.271, Florida
4965
Statutes, is amended to read:
4966
497.271 Standards for construction and significant
4967
alteration or renovation of mausoleums and columbaria.--
4968
(3) The licensing authority shall transmit the rules as
4969
adopted under subsection (2), hereinafter referred to as the
4970
"mausoleum standards," to the Florida Building Commission, which
4971
shall initiate rulemaking under chapter 120 to consider such
4972
mausoleum standards. If such mausoleum standards are not deemed
4973
acceptable, they shall be returned by the Florida Building
4974
Commission to the licensing authority with details of changes
4975
needed to make them acceptable. If such mausoleum standards are
4976
acceptable, the Florida Building Commission shall adopt a rule
4977
designating the mausoleum standards as an approved revision to
4978
the State Minimum Building Codes under part IV VII of chapter
4979
553. When so designated by the Florida Building Commission, such
4980
mausoleum standards shall become a required element of the State
4981
Minimum Building Codes under s. 553.73(2) and shall be
4982
transmitted to each local enforcement agency, as defined in s.
4983
553.71(5). Such local enforcement agency shall consider and
4984
inspect for compliance with such mausoleum standards as if they
4985
were part of the local building code, but shall have no
4986
continuing duty to inspect after final approval of the
4987
construction pursuant to the local building code. Any further
4988
amendments to the mausoleum standards shall be accomplished by
4989
the same procedure. Such designated mausoleum standards, as from
4990
time to time amended, shall be a part of the State Minimum
4991
Building Codes under s. 553.73 until the adoption and effective
4992
date of a new statewide uniform minimum building code, which may
4993
supersede the mausoleum standards as provided by the law enacting
4994
the new statewide uniform minimum building code.
4995
Reviser's note.--Amended to correct an erroneous reference.
4996
Part VII of chapter 553 relates to standards for radon-
4997
resistant buildings; part IV of chapter 553 relates to the
4998
Florida Building Code.
4999
Section 137. Paragraph (b) of subsection (8) of section
5000
497.466, Florida Statutes, is repealed.
5001
Reviser's note.--The cited paragraph, which provided that
5002
persons holding preneed sales agent licenses in good
5003
standing under former s. 497.439 as of September 30, 2005,
5004
were deemed to hold permanent preneed sales agent licenses
5005
or licenses by appointment by preneed licensees as of
5006
October 1, 2005, has served its purpose. Section 497.439 was
5007
redesignated as s. 497.466, effective October 1, 2005, by s.
5008
115, ch. 2004-301, Laws of Florida.
5009
Section 138. Subsection (3) of section 500.148, Florida
5010
Statutes, is amended to read:
5011
500.148 Reports and dissemination of information;
5012
confidentiality.--
5013
(3) Information deemed confidential under 21 C.F.R. part
5014
20.61, part 20.62, or part 20.88, or 5 U.S.C. s. 552(b), and
5015
which is provided to the department during a joint food safety or
5016
food illness investigation, as a requirement for conducting a
5017
federal-state contract or partnership activity, or for regulatory
5018
review, is confidential and exempt from s. 119.07(1) and s.
5019
24(a), Art. I of the State Constitution. Such information may not
5020
be disclosed except under a final determination by the
5021
appropriate federal agencies that such records are no longer
5022
entitled to protection, or pursuant to an order of the court.
5023
This section is subject to the Open Government Sunset Review Act
5024
of 1995 in accordance with s. 119.15, and shall stand repealed on
5025
October 2, 2008, unless reviewed and saved from repeal through
5026
reenactment by the Legislature.
5027
Reviser's note.--Amended to conform to the renaming of the
5028
"Open Government Sunset Review Act of 1995" as the "Open
5029
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
5030
of Florida.
5031
Section 139. Paragraph (b) of subsection (1) of section
5032
501.022, Florida Statutes, is amended to read:
5033
501.022 Home solicitation sale; permit required.--
5034
(1)
5035
(b) The following are excluded from the operation of this
5036
section:
5037
1. Bona fide agents, business representatives, or
5038
salespersons making calls or soliciting orders at the usual place
5039
of business of a customer regarding products or services for use
5040
in connection with the customer's business.
5041
2. Solicitors, salespersons, or agents making a call or
5042
business visit upon the express invitation, oral or written, of
5043
an inhabitant of the premises or her or his agent.
5044
3. Telephone solicitors, salespersons, or agents making
5045
calls which involve transactions that are unsolicited by the
5046
consumer and consummated by telephone and without any other
5047
contact between the buyer and the seller or its representative
5048
prior to delivery of the goods or performance of the services.
5049
4. Solicitors, salespersons, or agents conducting a sale,
5050
lease, or rental of consumer goods or services by sample,
5051
catalog, or brochure for future delivery.
5052
5. Minors, as defined in s. 1.01(13), conducting home
5053
solicitation sales under the supervision of an adult supervisor
5054
who holds a valid home solicitation sale permit. Minors excluded
5055
from operation of this section must, however, carry personal
5056
identification which includes their full name, date of birth,
5057
residence address, and employer and the name and permit number of
5058
their adult supervisor.
5059
6. Those sellers or their representatives that are
5060
currently regulated as to the sale of goods and services by
5061
chapter 475 or chapter 497.
5062
7. Solicitors, salespersons, or agents making calls or
5063
soliciting orders on behalf of a religious, charitable,
5064
scientific, educational, or veterans' institution or organization
5065
holding a sales tax exemption certificate under s. 212.08(7)
5066
212.08(7)(a).
5067
Reviser's note.--Amended to correct an erroneous reference.
5068
Section 140. Subsection (11) of section 501.976, Florida
5069
Statutes, is amended to read:
5070
501.976 Actionable, unfair, or deceptive acts or
5071
practices.--It is an unfair or deceptive act or practice,
5072
actionable under the Florida Deceptive and Unfair Trade Practices
5073
Act, for a dealer to:
5074
(11) Add to the cash price of a vehicle as defined in s.
5075
520.02(2) any fee or charge other than those provided in that
5076
section and in rule 69V-50.001 3D-50.001, Florida Administrative
5077
Code. All fees or charges permitted to be added to the cash price
5078
by rule 69V-50.001 3D-50.001, Florida Administrative Code, must
5079
be fully disclosed to customers in all binding contracts
5080
concerning the vehicle's selling price.
5081
5082
In any civil litigation resulting from a violation of this
5083
section, when evaluating the reasonableness of an award of
5084
attorney's fees to a private person, the trial court shall
5085
consider the amount of actual damages in relation to the time
5086
spent.
5087
Reviser's note.--Amended to conform to the redesignation of
5088
rule 3D-50.001 as rule 69V-50.001, Florida Administrative
5089
Code.
5090
Section 141. Paragraph (f) of subsection (10) of section
5091
553.73, Florida Statutes, is amended to read:
5092
553.73 Florida Building Code.--
5093
(10)
5094
(f) All decisions of the local building official and local
5095
fire official and all decisions of the administrative board shall
5096
be in writing and shall be binding upon all persons but shall not
5097
limit the authority of the State Fire Marshal or the Florida
5098
Building Commission pursuant to paragraph (1)(d) and ss. 633.01
5100
indexed by building and fire code sections and shall be available
5101
for inspection during normal business hours.
5102
Reviser's note.--Amended to correct a reference and conform
5103
to context. Section 663.01 provides definitions relating to
5104
international banking corporations; s. 633.01 provides for
5105
powers and duties of the State Fire Marshal.
5106
Section 142. Paragraph (b) of subsection (15) of section
5107
553.791, Florida Statutes, is amended to read:
5108
553.791 Alternative plans review and inspection.--
5109
(15)
5110
(b) A local enforcement agency, local building official, or
5111
local government may establish, for private providers and duly
5112
authorized representatives working within that jurisdiction, a
5113
system of registration to verify compliance with the licensure
5114
requirements of paragraph (1)(i) (1)(g) and the insurance
5115
requirements of subsection (16).
5116
Reviser's note.--Amended to conform to the redesignation of
5117
paragraph (1)(g) as paragraph (1)(i) by s. 6, ch. 2007-187,
5118
Laws of Florida.
5119
Section 143. Subsection (11) of section 610.104, Florida
5120
Statutes, is amended to read:
5121
610.104 State authorization to provide cable or video
5122
service.--
5123
(11) The application shall be accompanied by a one-time fee
5124
of $10,000. A parent company may file a single application
5125
covering itself and all of its subsidiaries and affiliates
5126
intending to provide cable or video service in the service areas
5127
throughout the state as described in subparagraph (2)(e)5.
5128
paragraph (3)(d), but the entity actually providing such service
5129
in a given area shall otherwise be considered the
5130
certificateholder under this act.
5131
Reviser's note.--Amended to correct a reference. Subsection
5132
(3) is not divided into paragraphs; subparagraph (2)(e)5.
5133
describes service areas.
5134
Section 144. Subsection (2) of section 617.0802, Florida
5135
Statutes, is amended to read:
5136
617.0802 Qualifications of directors.--
5137
(2) In the event that the eligibility to serve as a member
5138
of the board of directors of a condominium association,
5139
cooperative association, homeowners' association, or mobile home
5140
owners' association is restricted to membership in such
5141
association and membership is appurtenant to ownership of a unit,
5142
parcel, or mobile home, a grantor of a trust described in s.
5143
733.707(3), or a beneficiary as defined in former s.
5144
737.303(4)(b) of a trust which owns a unit, parcel, or mobile
5145
home shall be deemed a member of the association and eligible to
5146
serve as a director of the condominium association, cooperative
5147
association, homeowners' association, or mobile home owners'
5148
association, provided that said beneficiary occupies the unit,
5149
parcel, or mobile home.
5150
Reviser's note.--Amended to clarify the status of s.
5151
737.303, which was repealed by s. 48, ch. 2006-217, Laws of
5152
Florida.
5153
Section 145. Paragraph (e) of subsection (2) of section
5154
624.316, Florida Statutes, is amended to read:
5155
624.316 Examination of insurers.--
5156
(2)
5157
(e) The commission shall adopt rules providing that an
5158
examination under this section may be conducted by independent
5159
certified public accountants, actuaries, investment specialists,
5160
information technology specialists, and reinsurance specialists
5161
meeting criteria specified by rule. The rules shall provide:
5162
1. That the rates charged to the insurer being examined are
5163
consistent with rates charged by other firms in a similar
5164
profession and are comparable with the rates charged for
5165
comparable examinations.
5166
2. That the firm selected by the office to perform the
5167
examination has no conflicts of interest that might affect its
5168
ability to independently perform its responsibilities on the
5169
examination.
5170
3. That the insurer being examined must make payment for
5172
accordance with the rates and terms established by the office and
5173
the firm performing the examination.
5174
Reviser's note.--Amended to correct a reference and conform
5175
to context. Section 624.320(2) relates to deposit of the
5176
collected moneys into a specified trust fund; s. 624.320(1)
5177
relates to insurer payment for examination.
5178
Section 146. Paragraph (e) of subsection (3) of section
5179
627.0628, Florida Statutes, is amended to read:
5180
627.0628 Florida Commission on Hurricane Loss Projection
5181
Methodology; public records exemption; public meetings
5182
exemption.--
5183
(3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.--
5184
(e)1. A trade secret, as defined in s. 812.081, that is
5185
used in designing and constructing a hurricane loss model and
5186
that is provided pursuant to this section, by a private company,
5187
to the commission, office, or consumer advocate appointed
5188
pursuant to s. 627.0613, is confidential and exempt from s.
5189
119.07(1) and s. 24(a), Art. I of the State Constitution.
5190
2. That portion of a meeting of the commission or of a rate
5191
proceeding on an insurer's rate filing at which a trade secret
5192
made confidential and exempt by this paragraph is discussed is
5193
exempt from s. 286.011 and s. 24(b), Art. I of the State
5194
Constitution.
5195
3. This paragraph is subject to the Open Government Sunset
5196
Review Act of 1995 in accordance with s. 119.15, and shall stand
5197
repealed on October 2, 2010, unless reviewed and saved from
5198
repeal through reenactment by the Legislature.
5199
Reviser's note.--Amended to conform to the renaming of the
5200
"Open Government Sunset Review Act of 1995" as the "Open
5201
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
5202
of Florida.
5203
Section 147. Subsection (3) of section 627.06292, Florida
5204
Statutes, is amended to read:
5205
627.06292 Reports of hurricane loss data and associated
5206
exposure data; public records exemption.--
5207
(3) This section is subject to the Open Government Sunset
5208
Review Act of 1995 in accordance with s. 119.15, and shall stand
5209
repealed on October 2, 2010, unless reviewed and saved from
5210
repeal through reenactment by the Legislature.
5211
Reviser's note.--Amended to conform to the renaming of the
5212
"Open Government Sunset Review Act of 1995" as the "Open
5213
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
5214
of Florida.
5215
Section 148. Paragraph (b) of subsection (4) and paragraph
5216
(m) of subsection (5) of section 627.311, Florida Statutes, are
5217
amended to read:
5218
627.311 Joint underwriters and joint reinsurers; public
5219
records and public meetings exemptions.--
5220
(4) The Florida Automobile Joint Underwriting Association:
5221
(b) Shall keep portions of association meetings during
5222
which confidential and exempt underwriting files or confidential
5223
and exempt claims files are discussed exempt from the provisions
5224
of s. 286.011 and s. 24(b), Art. I of the State Constitution. All
5225
closed portions of association meetings shall be recorded by a
5226
court reporter. The court reporter shall record the times of
5227
commencement and termination of the meeting, all discussion and
5228
proceedings, the names of all persons present at any time, and
5229
the names of all persons speaking. No portion of any closed
5230
meeting shall be off the record. Subject to the provisions of
5232
court reporter's notes of any closed meeting shall be retained by
5233
the association for a minimum of 5 years. A copy of the
5234
transcript, less any confidential and exempt information, of any
5235
closed meeting during which confidential and exempt claims files
5236
are discussed shall become public as to individual claims files
5237
after settlement of that claim.
5238
(5)
5239
(m) Senior managers and officers, as defined in the plan of
5240
operation, and members of the board of governors are subject to
5243
members are also required to file such disclosures with the
5244
Commission on Ethics and the Office of Insurance Regulation. The
5245
executive director of the plan or his or her designee shall
5246
notify each newly appointed and existing appointed member of the
5247
board of governors, senior manager, and officer of his or her
5248
duty to comply with the reporting requirements of s. 112.3145
5249
112.345. At least quarterly, the executive director of the plan
5250
or his or her designee shall submit to the Commission on Ethics a
5251
list of names of the senior managers, officers, and members of
5252
the board of governors who are subject to the public disclosure
5254
employee, officer, owner, or director of an insurance agency,
5255
insurance company, or other insurance entity may be a member of
5256
the board of governors unless such employee, officer, owner, or
5257
director of an insurance agency, insurance company, other
5258
insurance entity, or an affiliate provides policy issuance,
5259
policy administration, underwriting, claims handling, or payroll
5260
audit services. Notwithstanding s. 112.3143, such board member
5261
may not participate in or vote on a matter if the insurance
5262
agency, insurance company, or other insurance entity would obtain
5263
a special or unique benefit that would not apply to other
5264
similarly situated insurance entities.
5265
Reviser's note.--Paragraph (4)(b) is amended to conform to
5267
(f) by s. 1, ch. 2007-39, Laws of Florida, and to correct
5268
the reference by s. 3, ch. 2007-39. Paragraph (5)(m) is
5269
amended to correct a reference and conform to context.
5270
Section 112.345 does not exist; s. 112.3145 relates to
5271
reporting requirements.
5272
Section 149. Paragraph (b) of subsection (2) and paragraphs
5273
(c), (n), (v), and (w) of subsection (6) of section 627.351,
5274
Florida Statutes, are amended to read:
5275
627.351 Insurance risk apportionment plans.--
5276
(2) WINDSTORM INSURANCE RISK APPORTIONMENT.--
5277
(b) The department shall require all insurers holding a
5278
certificate of authority to transact property insurance on a
5279
direct basis in this state, other than joint underwriting
5280
associations and other entities formed pursuant to this section,
5281
to provide windstorm coverage to applicants from areas determined
5282
to be eligible pursuant to paragraph (c) who in good faith are
5283
entitled to, but are unable to procure, such coverage through
5284
ordinary means; or it shall adopt a reasonable plan or plans for
5285
the equitable apportionment or sharing among such insurers of
5286
windstorm coverage, which may include formation of an association
5287
for this purpose. As used in this subsection, the term "property
5288
insurance" means insurance on real or personal property, as
5289
defined in s. 624.604, including insurance for fire, industrial
5290
fire, allied lines, farmowners multiperil, homeowners'
5291
multiperil, commercial multiperil, and mobile homes, and
5292
including liability coverages on all such insurance, but
5293
excluding inland marine as defined in s. 624.607(3) and excluding
5294
vehicle insurance as defined in s. 624.605(1)(a) other than
5295
insurance on mobile homes used as permanent dwellings. The
5296
department shall adopt rules that provide a formula for the
5297
recovery and repayment of any deferred assessments.
5298
1. For the purpose of this section, properties eligible for
5299
such windstorm coverage are defined as dwellings, buildings, and
5300
other structures, including mobile homes which are used as
5301
dwellings and which are tied down in compliance with mobile home
5302
tie-down requirements prescribed by the Department of Highway
5303
Safety and Motor Vehicles pursuant to s. 320.8325, and the
5304
contents of all such properties. An applicant or policyholder is
5305
eligible for coverage only if an offer of coverage cannot be
5306
obtained by or for the applicant or policyholder from an admitted
5307
insurer at approved rates.
5308
2.a.(I) All insurers required to be members of such
5309
association shall participate in its writings, expenses, and
5310
losses. Surplus of the association shall be retained for the
5311
payment of claims and shall not be distributed to the member
5312
insurers. Such participation by member insurers shall be in the
5313
proportion that the net direct premiums of each member insurer
5314
written for property insurance in this state during the preceding
5315
calendar year bear to the aggregate net direct premiums for
5316
property insurance of all member insurers, as reduced by any
5317
credits for voluntary writings, in this state during the
5318
preceding calendar year. For the purposes of this subsection, the
5319
term "net direct premiums" means direct written premiums for
5320
property insurance, reduced by premium for liability coverage and
5321
for the following if included in allied lines: rain and hail on
5322
growing crops; livestock; association direct premiums booked;
5323
National Flood Insurance Program direct premiums; and similar
5324
deductions specifically authorized by the plan of operation and
5325
approved by the department. A member's participation shall begin
5326
on the first day of the calendar year following the year in which
5327
it is issued a certificate of authority to transact property
5328
insurance in the state and shall terminate 1 year after the end
5329
of the calendar year during which it no longer holds a
5330
certificate of authority to transact property insurance in the
5331
state. The commissioner, after review of annual statements, other
5332
reports, and any other statistics that the commissioner deems
5333
necessary, shall certify to the association the aggregate direct
5334
premiums written for property insurance in this state by all
5335
member insurers.
5336
(II) Effective July 1, 2002, the association shall operate
5337
subject to the supervision and approval of a board of governors
5338
who are the same individuals that have been appointed by the
5339
Treasurer to serve on the board of governors of the Citizens
5340
Property Insurance Corporation.
5341
(III) The plan of operation shall provide a formula whereby
5342
a company voluntarily providing windstorm coverage in affected
5343
areas will be relieved wholly or partially from apportionment of
5344
a regular assessment pursuant to sub-sub-subparagraph d.(I) or
5345
sub-sub-subparagraph d.(II).
5346
(IV) A company which is a member of a group of companies
5347
under common management may elect to have its credits applied on
5348
a group basis, and any company or group may elect to have its
5349
credits applied to any other company or group.
5350
(V) There shall be no credits or relief from apportionment
5351
to a company for emergency assessments collected from its
5352
policyholders under sub-sub-subparagraph d.(III).
5353
(VI) The plan of operation may also provide for the award
5354
of credits, for a period not to exceed 3 years, from a regular
5355
assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub-
5356
subparagraph d.(II) as an incentive for taking policies out of
5357
the Residential Property and Casualty Joint Underwriting
5358
Association. In order to qualify for the exemption under this
5359
sub-sub-subparagraph, the take-out plan must provide that at
5360
least 40 percent of the policies removed from the Residential
5361
Property and Casualty Joint Underwriting Association cover risks
5362
located in Miami-Dade Dade, Broward, and Palm Beach Counties or
5363
at least 30 percent of the policies so removed cover risks
5364
located in Miami-Dade Dade, Broward, and Palm Beach Counties and
5365
an additional 50 percent of the policies so removed cover risks
5366
located in other coastal counties, and must also provide that no
5367
more than 15 percent of the policies so removed may exclude
5368
windstorm coverage. With the approval of the department, the
5369
association may waive these geographic criteria for a take-out
5370
plan that removes at least the lesser of 100,000 Residential
5371
Property and Casualty Joint Underwriting Association policies or
5372
15 percent of the total number of Residential Property and
5373
Casualty Joint Underwriting Association policies, provided the
5374
governing board of the Residential Property and Casualty Joint
5375
Underwriting Association certifies that the take-out plan will
5376
materially reduce the Residential Property and Casualty Joint
5377
Underwriting Association's 100-year probable maximum loss from
5378
hurricanes. With the approval of the department, the board may
5379
extend such credits for an additional year if the insurer
5380
guarantees an additional year of renewability for all policies
5381
removed from the Residential Property and Casualty Joint
5382
Underwriting Association, or for 2 additional years if the
5383
insurer guarantees 2 additional years of renewability for all
5384
policies removed from the Residential Property and Casualty Joint
5385
Underwriting Association.
5386
b. Assessments to pay deficits in the association under
5387
this subparagraph shall be included as an appropriate factor in
5388
the making of rates as provided in s. 627.3512.
5389
c. The Legislature finds that the potential for unlimited
5390
deficit assessments under this subparagraph may induce insurers
5391
to attempt to reduce their writings in the voluntary market, and
5392
that such actions would worsen the availability problems that the
5393
association was created to remedy. It is the intent of the
5394
Legislature that insurers remain fully responsible for paying
5395
regular assessments and collecting emergency assessments for any
5396
deficits of the association; however, it is also the intent of
5397
the Legislature to provide a means by which assessment
5398
liabilities may be amortized over a period of years.
5399
d.(I) When the deficit incurred in a particular calendar
5400
year is 10 percent or less of the aggregate statewide direct
5401
written premium for property insurance for the prior calendar
5402
year for all member insurers, the association shall levy an
5403
assessment on member insurers in an amount equal to the deficit.
5404
(II) When the deficit incurred in a particular calendar
5405
year exceeds 10 percent of the aggregate statewide direct written
5406
premium for property insurance for the prior calendar year for
5407
all member insurers, the association shall levy an assessment on
5408
member insurers in an amount equal to the greater of 10 percent
5409
of the deficit or 10 percent of the aggregate statewide direct
5410
written premium for property insurance for the prior calendar
5411
year for member insurers. Any remaining deficit shall be
5412
recovered through emergency assessments under sub-sub-
5413
subparagraph (III).
5414
(III) Upon a determination by the board of directors that a
5415
deficit exceeds the amount that will be recovered through regular
5416
assessments on member insurers, pursuant to sub-sub-subparagraph
5417
(I) or sub-sub-subparagraph (II), the board shall levy, after
5418
verification by the department, emergency assessments to be
5419
collected by member insurers and by underwriting associations
5420
created pursuant to this section which write property insurance,
5421
upon issuance or renewal of property insurance policies other
5422
than National Flood Insurance policies in the year or years
5423
following levy of the regular assessments. The amount of the
5424
emergency assessment collected in a particular year shall be a
5425
uniform percentage of that year's direct written premium for
5426
property insurance for all member insurers and underwriting
5427
associations, excluding National Flood Insurance policy premiums,
5428
as annually determined by the board and verified by the
5429
department. The department shall verify the arithmetic
5430
calculations involved in the board's determination within 30 days
5431
after receipt of the information on which the determination was
5432
based. Notwithstanding any other provision of law, each member
5433
insurer and each underwriting association created pursuant to
5434
this section shall collect emergency assessments from its
5435
policyholders without such obligation being affected by any
5436
credit, limitation, exemption, or deferment. The emergency
5437
assessments so collected shall be transferred directly to the
5438
association on a periodic basis as determined by the association.
5439
The aggregate amount of emergency assessments levied under this
5440
sub-sub-subparagraph in any calendar year may not exceed the
5441
greater of 10 percent of the amount needed to cover the original
5442
deficit, plus interest, fees, commissions, required reserves, and
5443
other costs associated with financing of the original deficit, or
5444
10 percent of the aggregate statewide direct written premium for
5445
property insurance written by member insurers and underwriting
5446
associations for the prior year, plus interest, fees,
5447
commissions, required reserves, and other costs associated with
5448
financing the original deficit. The board may pledge the proceeds
5449
of the emergency assessments under this sub-sub-subparagraph as
5450
the source of revenue for bonds, to retire any other debt
5451
incurred as a result of the deficit or events giving rise to the
5452
deficit, or in any other way that the board determines will
5453
efficiently recover the deficit. The emergency assessments under
5454
this sub-sub-subparagraph shall continue as long as any bonds
5455
issued or other indebtedness incurred with respect to a deficit
5456
for which the assessment was imposed remain outstanding, unless
5457
adequate provision has been made for the payment of such bonds or
5458
other indebtedness pursuant to the document governing such bonds
5459
or other indebtedness. Emergency assessments collected under this
5460
sub-sub-subparagraph are not part of an insurer's rates, are not
5461
premium, and are not subject to premium tax, fees, or
5462
commissions; however, failure to pay the emergency assessment
5463
shall be treated as failure to pay premium.
5464
(IV) Each member insurer's share of the total regular
5465
assessments under sub-sub-subparagraph (I) or sub-sub-
5466
subparagraph (II) shall be in the proportion that the insurer's
5467
net direct premium for property insurance in this state, for the
5468
year preceding the assessment bears to the aggregate statewide
5469
net direct premium for property insurance of all member insurers,
5470
as reduced by any credits for voluntary writings for that year.
5471
(V) If regular deficit assessments are made under sub-sub-
5472
subparagraph (I) or sub-sub-subparagraph (II), or by the
5473
Residential Property and Casualty Joint Underwriting Association
5474
under sub-subparagraph (6)(b)3.a. or sub-subparagraph (6)(b)3.b.,
5475
the association shall levy upon the association's policyholders,
5476
as part of its next rate filing, or by a separate rate filing
5477
solely for this purpose, a market equalization surcharge in a
5478
percentage equal to the total amount of such regular assessments
5479
divided by the aggregate statewide direct written premium for
5480
property insurance for member insurers for the prior calendar
5481
year. Market equalization surcharges under this sub-sub-
5482
subparagraph are not considered premium and are not subject to
5483
commissions, fees, or premium taxes; however, failure to pay a
5484
market equalization surcharge shall be treated as failure to pay
5485
premium.
5486
e. The governing body of any unit of local government, any
5487
residents of which are insured under the plan, may issue bonds as
5489
program, in conjunction with the association, for the purpose of
5490
defraying deficits of the association. In order to avoid needless
5491
and indiscriminate proliferation, duplication, and fragmentation
5492
of such assistance programs, any unit of local government, any
5493
residents of which are insured by the association, may provide
5494
for the payment of losses, regardless of whether or not the
5495
losses occurred within or outside of the territorial jurisdiction
5496
of the local government. Revenue bonds may not be issued until
5497
validated pursuant to chapter 75, unless a state of emergency is
5498
declared by executive order or proclamation of the Governor
5499
pursuant to s. 252.36 making such findings as are necessary to
5500
determine that it is in the best interests of, and necessary for,
5501
the protection of the public health, safety, and general welfare
5502
of residents of this state and the protection and preservation of
5503
the economic stability of insurers operating in this state, and
5504
declaring it an essential public purpose to permit certain
5505
municipalities or counties to issue bonds as will provide relief
5506
to claimants and policyholders of the association and insurers
5507
responsible for apportionment of plan losses. Any such unit of
5508
local government may enter into such contracts with the
5509
association and with any other entity created pursuant to this
5510
subsection as are necessary to carry out this paragraph. Any
5511
bonds issued under this sub-subparagraph shall be payable from
5512
and secured by moneys received by the association from
5513
assessments under this subparagraph, and assigned and pledged to
5514
or on behalf of the unit of local government for the benefit of
5515
the holders of such bonds. The funds, credit, property, and
5516
taxing power of the state or of the unit of local government
5517
shall not be pledged for the payment of such bonds. If any of the
5518
bonds remain unsold 60 days after issuance, the department shall
5519
require all insurers subject to assessment to purchase the bonds,
5520
which shall be treated as admitted assets; each insurer shall be
5521
required to purchase that percentage of the unsold portion of the
5522
bond issue that equals the insurer's relative share of assessment
5523
liability under this subsection. An insurer shall not be required
5524
to purchase the bonds to the extent that the department
5525
determines that the purchase would endanger or impair the
5526
solvency of the insurer. The authority granted by this sub-
5527
subparagraph is additional to any bonding authority granted by
5528
subparagraph 6.
5529
3. The plan shall also provide that any member with a
5530
surplus as to policyholders of $20 million or less writing 25
5531
percent or more of its total countrywide property insurance
5532
premiums in this state may petition the department, within the
5533
first 90 days of each calendar year, to qualify as a limited
5534
apportionment company. The apportionment of such a member company
5535
in any calendar year for which it is qualified shall not exceed
5536
its gross participation, which shall not be affected by the
5537
formula for voluntary writings. In no event shall a limited
5538
apportionment company be required to participate in any
5539
apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
5540
or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
5541
$50 million after payment of available plan funds in any calendar
5542
year. However, a limited apportionment company shall collect from
5543
its policyholders any emergency assessment imposed under sub-sub-
5544
subparagraph 2.d.(III). The plan shall provide that, if the
5545
department determines that any regular assessment will result in
5546
an impairment of the surplus of a limited apportionment company,
5547
the department may direct that all or part of such assessment be
5548
deferred. However, there shall be no limitation or deferment of
5549
an emergency assessment to be collected from policyholders under
5550
sub-sub-subparagraph 2.d.(III).
5551
4. The plan shall provide for the deferment, in whole or in
5552
part, of a regular assessment of a member insurer under sub-sub-
5553
subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but not
5554
for an emergency assessment collected from policyholders under
5555
sub-sub-subparagraph 2.d.(III), if, in the opinion of the
5556
commissioner, payment of such regular assessment would endanger
5557
or impair the solvency of the member insurer. In the event a
5558
regular assessment against a member insurer is deferred in whole
5559
or in part, the amount by which such assessment is deferred may
5560
be assessed against the other member insurers in a manner
5561
consistent with the basis for assessments set forth in sub-sub-
5562
subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
5563
5.a. The plan of operation may include deductibles and
5564
rules for classification of risks and rate modifications
5565
consistent with the objective of providing and maintaining funds
5566
sufficient to pay catastrophe losses.
5567
b. The association may require arbitration of a rate filing
5568
under s. 627.062(6). It is the intent of the Legislature that the
5569
rates for coverage provided by the association be actuarially
5570
sound and not competitive with approved rates charged in the
5571
admitted voluntary market such that the association functions as
5572
a residual market mechanism to provide insurance only when the
5573
insurance cannot be procured in the voluntary market. The plan of
5574
operation shall provide a mechanism to assure that, beginning no
5575
later than January 1, 1999, the rates charged by the association
5576
for each line of business are reflective of approved rates in the
5577
voluntary market for hurricane coverage for each line of business
5578
in the various areas eligible for association coverage.
5579
c. The association shall provide for windstorm coverage on
5580
residential properties in limits up to $10 million for commercial
5581
lines residential risks and up to $1 million for personal lines
5582
residential risks. If coverage with the association is sought for
5583
a residential risk valued in excess of these limits, coverage
5584
shall be available to the risk up to the replacement cost or
5585
actual cash value of the property, at the option of the insured,
5586
if coverage for the risk cannot be located in the authorized
5587
market. The association must accept a commercial lines
5588
residential risk with limits above $10 million or a personal
5589
lines residential risk with limits above $1 million if coverage
5590
is not available in the authorized market. The association may
5591
write coverage above the limits specified in this subparagraph
5592
with or without facultative or other reinsurance coverage, as the
5593
association determines appropriate.
5594
d. The plan of operation must provide objective criteria
5595
and procedures, approved by the department, to be uniformly
5596
applied for all applicants in determining whether an individual
5597
risk is so hazardous as to be uninsurable. In making this
5598
determination and in establishing the criteria and procedures,
5599
the following shall be considered:
5600
(I) Whether the likelihood of a loss for the individual
5601
risk is substantially higher than for other risks of the same
5602
class; and
5603
(II) Whether the uncertainty associated with the individual
5604
risk is such that an appropriate premium cannot be determined.
5605
5606
The acceptance or rejection of a risk by the association pursuant
5607
to such criteria and procedures must be construed as the private
5608
placement of insurance, and the provisions of chapter 120 do not
5609
apply.
5610
e. If the risk accepts an offer of coverage through the
5611
market assistance program or through a mechanism established by
5612
the association, either before the policy is issued by the
5613
association or during the first 30 days of coverage by the
5614
association, and the producing agent who submitted the
5615
application to the association is not currently appointed by the
5616
insurer, the insurer shall:
5617
(I) Pay to the producing agent of record of the policy, for
5618
the first year, an amount that is the greater of the insurer's
5619
usual and customary commission for the type of policy written or
5620
a fee equal to the usual and customary commission of the
5621
association; or
5622
(II) Offer to allow the producing agent of record of the
5623
policy to continue servicing the policy for a period of not less
5624
than 1 year and offer to pay the agent the greater of the
5625
insurer's or the association's usual and customary commission for
5626
the type of policy written.
5627
5628
If the producing agent is unwilling or unable to accept
5629
appointment, the new insurer shall pay the agent in accordance
5630
with sub-sub-subparagraph (I). Subject to the provisions of s.
5631
627.3517, the policies issued by the association must provide
5632
that if the association obtains an offer from an authorized
5633
insurer to cover the risk at its approved rates under either a
5634
standard policy including wind coverage or, if consistent with
5635
the insurer's underwriting rules as filed with the department, a
5636
basic policy including wind coverage, the risk is no longer
5637
eligible for coverage through the association. Upon termination
5638
of eligibility, the association shall provide written notice to
5639
the policyholder and agent of record stating that the association
5640
policy must be canceled as of 60 days after the date of the
5641
notice because of the offer of coverage from an authorized
5642
insurer. Other provisions of the insurance code relating to
5643
cancellation and notice of cancellation do not apply to actions
5644
under this sub-subparagraph.
5645
f. When the association enters into a contractual agreement
5646
for a take-out plan, the producing agent of record of the
5647
association policy is entitled to retain any unearned commission
5648
on the policy, and the insurer shall:
5649
(I) Pay to the producing agent of record of the association
5650
policy, for the first year, an amount that is the greater of the
5651
insurer's usual and customary commission for the type of policy
5652
written or a fee equal to the usual and customary commission of
5653
the association; or
5654
(II) Offer to allow the producing agent of record of the
5655
association policy to continue servicing the policy for a period
5656
of not less than 1 year and offer to pay the agent the greater of
5657
the insurer's or the association's usual and customary commission
5658
for the type of policy written.
5659
5660
If the producing agent is unwilling or unable to accept
5661
appointment, the new insurer shall pay the agent in accordance
5662
with sub-sub-subparagraph (I).
5663
6.a. The plan of operation may authorize the formation of a
5664
private nonprofit corporation, a private nonprofit unincorporated
5665
association, a partnership, a trust, a limited liability company,
5666
or a nonprofit mutual company which may be empowered, among other
5667
things, to borrow money by issuing bonds or by incurring other
5668
indebtedness and to accumulate reserves or funds to be used for
5669
the payment of insured catastrophe losses. The plan may authorize
5670
all actions necessary to facilitate the issuance of bonds,
5671
including the pledging of assessments or other revenues.
5672
b. Any entity created under this subsection, or any entity
5673
formed for the purposes of this subsection, may sue and be sued,
5674
may borrow money; issue bonds, notes, or debt instruments; pledge
5675
or sell assessments, market equalization surcharges and other
5676
surcharges, rights, premiums, contractual rights, projected
5677
recoveries from the Florida Hurricane Catastrophe Fund, other
5678
reinsurance recoverables, and other assets as security for such
5679
bonds, notes, or debt instruments; enter into any contracts or
5680
agreements necessary or proper to accomplish such borrowings; and
5681
take other actions necessary to carry out the purposes of this
5682
subsection. The association may issue bonds or incur other
5683
indebtedness, or have bonds issued on its behalf by a unit of
5684
local government pursuant to subparagraph (6)(p)2., in the
5685
absence of a hurricane or other weather-related event, upon a
5686
determination by the association subject to approval by the
5687
department that such action would enable it to efficiently meet
5688
the financial obligations of the association and that such
5689
financings are reasonably necessary to effectuate the
5690
requirements of this subsection. Any such entity may accumulate
5691
reserves and retain surpluses as of the end of any association
5692
year to provide for the payment of losses incurred by the
5693
association during that year or any future year. The association
5694
shall incorporate and continue the plan of operation and articles
5695
of agreement in effect on the effective date of chapter 76-96,
5696
Laws of Florida, to the extent that it is not inconsistent with
5697
chapter 76-96, and as subsequently modified consistent with
5698
chapter 76-96. The board of directors and officers currently
5699
serving shall continue to serve until their successors are duly
5700
qualified as provided under the plan. The assets and obligations
5701
of the plan in effect immediately prior to the effective date of
5702
chapter 76-96 shall be construed to be the assets and obligations
5703
of the successor plan created herein.
5704
c. In recognition of s. 10, Art. I of the State
5705
Constitution, prohibiting the impairment of obligations of
5706
contracts, it is the intent of the Legislature that no action be
5707
taken whose purpose is to impair any bond indenture or financing
5708
agreement or any revenue source committed by contract to such
5709
bond or other indebtedness issued or incurred by the association
5710
or any other entity created under this subsection.
5711
7. On such coverage, an agent's remuneration shall be that
5712
amount of money payable to the agent by the terms of his or her
5713
contract with the company with which the business is placed.
5714
However, no commission will be paid on that portion of the
5715
premium which is in excess of the standard premium of that
5716
company.
5717
8. Subject to approval by the department, the association
5718
may establish different eligibility requirements and operational
5719
procedures for any line or type of coverage for any specified
5720
eligible area or portion of an eligible area if the board
5721
determines that such changes to the eligibility requirements and
5722
operational procedures are justified due to the voluntary market
5723
being sufficiently stable and competitive in such area or for
5724
such line or type of coverage and that consumers who, in good
5725
faith, are unable to obtain insurance through the voluntary
5726
market through ordinary methods would continue to have access to
5727
coverage from the association. When coverage is sought in
5728
connection with a real property transfer, such requirements and
5729
procedures shall not provide for an effective date of coverage
5730
later than the date of the closing of the transfer as established
5731
by the transferor, the transferee, and, if applicable, the
5732
lender.
5733
9. Notwithstanding any other provision of law:
5734
a. The pledge or sale of, the lien upon, and the security
5735
interest in any rights, revenues, or other assets of the
5736
association created or purported to be created pursuant to any
5737
financing documents to secure any bonds or other indebtedness of
5738
the association shall be and remain valid and enforceable,
5739
notwithstanding the commencement of and during the continuation
5740
of, and after, any rehabilitation, insolvency, liquidation,
5741
bankruptcy, receivership, conservatorship, reorganization, or
5742
similar proceeding against the association under the laws of this
5743
state or any other applicable laws.
5744
b. No such proceeding shall relieve the association of its
5745
obligation, or otherwise affect its ability to perform its
5746
obligation, to continue to collect, or levy and collect,
5747
assessments, market equalization or other surcharges, projected
5748
recoveries from the Florida Hurricane Catastrophe Fund,
5749
reinsurance recoverables, or any other rights, revenues, or other
5750
assets of the association pledged.
5751
c. Each such pledge or sale of, lien upon, and security
5752
interest in, including the priority of such pledge, lien, or
5753
security interest, any such assessments, emergency assessments,
5754
market equalization or renewal surcharges, projected recoveries
5755
from the Florida Hurricane Catastrophe Fund, reinsurance
5756
recoverables, or other rights, revenues, or other assets which
5757
are collected, or levied and collected, after the commencement of
5758
and during the pendency of or after any such proceeding shall
5759
continue unaffected by such proceeding.
5760
d. As used in this subsection, the term "financing
5761
documents" means any agreement, instrument, or other document now
5762
existing or hereafter created evidencing any bonds or other
5763
indebtedness of the association or pursuant to which any such
5764
bonds or other indebtedness has been or may be issued and
5765
pursuant to which any rights, revenues, or other assets of the
5766
association are pledged or sold to secure the repayment of such
5767
bonds or indebtedness, together with the payment of interest on
5768
such bonds or such indebtedness, or the payment of any other
5769
obligation of the association related to such bonds or
5770
indebtedness.
5771
e. Any such pledge or sale of assessments, revenues,
5772
contract rights or other rights or assets of the association
5773
shall constitute a lien and security interest, or sale, as the
5774
case may be, that is immediately effective and attaches to such
5775
assessments, revenues, contract, or other rights or assets,
5776
whether or not imposed or collected at the time the pledge or
5777
sale is made. Any such pledge or sale is effective, valid,
5778
binding, and enforceable against the association or other entity
5779
making such pledge or sale, and valid and binding against and
5780
superior to any competing claims or obligations owed to any other
5781
person or entity, including policyholders in this state,
5782
asserting rights in any such assessments, revenues, contract, or
5783
other rights or assets to the extent set forth in and in
5784
accordance with the terms of the pledge or sale contained in the
5785
applicable financing documents, whether or not any such person or
5786
entity has notice of such pledge or sale and without the need for
5787
any physical delivery, recordation, filing, or other action.
5788
f. There shall be no liability on the part of, and no cause
5789
of action of any nature shall arise against, any member insurer
5790
or its agents or employees, agents or employees of the
5791
association, members of the board of directors of the
5792
association, or the department or its representatives, for any
5793
action taken by them in the performance of their duties or
5794
responsibilities under this subsection. Such immunity does not
5795
apply to actions for breach of any contract or agreement
5796
pertaining to insurance, or any willful tort.
5797
(6) CITIZENS PROPERTY INSURANCE CORPORATION.--
5798
(c) The plan of operation of the corporation:
5799
1. Must provide for adoption of residential property and
5800
casualty insurance policy forms and commercial residential and
5801
nonresidential property insurance forms, which forms must be
5802
approved by the office prior to use. The corporation shall adopt
5803
the following policy forms:
5804
a. Standard personal lines policy forms that are
5805
comprehensive multiperil policies providing full coverage of a
5806
residential property equivalent to the coverage provided in the
5807
private insurance market under an HO-3, HO-4, or HO-6 policy.
5808
b. Basic personal lines policy forms that are policies
5809
similar to an HO-8 policy or a dwelling fire policy that provide
5810
coverage meeting the requirements of the secondary mortgage
5811
market, but which coverage is more limited than the coverage
5812
under a standard policy.
5813
c. Commercial lines residential and nonresidential policy
5814
forms that are generally similar to the basic perils of full
5815
coverage obtainable for commercial residential structures and
5816
commercial nonresidential structures in the admitted voluntary
5817
market.
5818
d. Personal lines and commercial lines residential property
5819
insurance forms that cover the peril of wind only. The forms are
5820
applicable only to residential properties located in areas
5821
eligible for coverage under the high-risk account referred to in
5822
sub-subparagraph (b)2.a.
5823
e. Commercial lines nonresidential property insurance forms
5824
that cover the peril of wind only. The forms are applicable only
5825
to nonresidential properties located in areas eligible for
5826
coverage under the high-risk account referred to in sub-
5827
subparagraph (b)2.a.
5828
f. The corporation may adopt variations of the policy forms
5829
listed in sub-subparagraphs a.-e. that contain more restrictive
5830
coverage.
5831
2.a. Must provide that the corporation adopt a program in
5832
which the corporation and authorized insurers enter into quota
5833
share primary insurance agreements for hurricane coverage, as
5834
defined in s. 627.4025(2)(a), for eligible risks, and adopt
5835
property insurance forms for eligible risks which cover the peril
5836
of wind only. As used in this subsection, the term:
5837
(I) "Quota share primary insurance" means an arrangement in
5838
which the primary hurricane coverage of an eligible risk is
5839
provided in specified percentages by the corporation and an
5840
authorized insurer. The corporation and authorized insurer are
5841
each solely responsible for a specified percentage of hurricane
5842
coverage of an eligible risk as set forth in a quota share
5843
primary insurance agreement between the corporation and an
5844
authorized insurer and the insurance contract. The responsibility
5845
of the corporation or authorized insurer to pay its specified
5846
percentage of hurricane losses of an eligible risk, as set forth
5847
in the quota share primary insurance agreement, may not be
5848
altered by the inability of the other party to the agreement to
5849
pay its specified percentage of hurricane losses. Eligible risks
5850
that are provided hurricane coverage through a quota share
5851
primary insurance arrangement must be provided policy forms that
5852
set forth the obligations of the corporation and authorized
5853
insurer under the arrangement, clearly specify the percentages of
5854
quota share primary insurance provided by the corporation and
5855
authorized insurer, and conspicuously and clearly state that
5856
neither the authorized insurer nor the corporation may be held
5857
responsible beyond its specified percentage of coverage of
5858
hurricane losses.
5859
(II) "Eligible risks" means personal lines residential and
5860
commercial lines residential risks that meet the underwriting
5861
criteria of the corporation and are located in areas that were
5862
eligible for coverage by the Florida Windstorm Underwriting
5863
Association on January 1, 2002.
5864
b. The corporation may enter into quota share primary
5865
insurance agreements with authorized insurers at corporation
5866
coverage levels of 90 percent and 50 percent.
5867
c. If the corporation determines that additional coverage
5868
levels are necessary to maximize participation in quota share
5869
primary insurance agreements by authorized insurers, the
5870
corporation may establish additional coverage levels. However,
5871
the corporation's quota share primary insurance coverage level
5872
may not exceed 90 percent.
5873
d. Any quota share primary insurance agreement entered into
5874
between an authorized insurer and the corporation must provide
5875
for a uniform specified percentage of coverage of hurricane
5876
losses, by county or territory as set forth by the corporation
5877
board, for all eligible risks of the authorized insurer covered
5878
under the quota share primary insurance agreement.
5879
e. Any quota share primary insurance agreement entered into
5880
between an authorized insurer and the corporation is subject to
5881
review and approval by the office. However, such agreement shall
5882
be authorized only as to insurance contracts entered into between
5883
an authorized insurer and an insured who is already insured by
5884
the corporation for wind coverage.
5885
f. For all eligible risks covered under quota share primary
5886
insurance agreements, the exposure and coverage levels for both
5887
the corporation and authorized insurers shall be reported by the
5888
corporation to the Florida Hurricane Catastrophe Fund. For all
5889
policies of eligible risks covered under quota share primary
5890
insurance agreements, the corporation and the authorized insurer
5891
shall maintain complete and accurate records for the purpose of
5892
exposure and loss reimbursement audits as required by Florida
5893
Hurricane Catastrophe Fund rules. The corporation and the
5894
authorized insurer shall each maintain duplicate copies of policy
5895
declaration pages and supporting claims documents.
5896
g. The corporation board shall establish in its plan of
5897
operation standards for quota share agreements which ensure that
5898
there is no discriminatory application among insurers as to the
5899
terms of quota share agreements, pricing of quota share
5900
agreements, incentive provisions if any, and consideration paid
5901
for servicing policies or adjusting claims.
5902
h. The quota share primary insurance agreement between the
5903
corporation and an authorized insurer must set forth the specific
5904
terms under which coverage is provided, including, but not
5905
limited to, the sale and servicing of policies issued under the
5906
agreement by the insurance agent of the authorized insurer
5907
producing the business, the reporting of information concerning
5908
eligible risks, the payment of premium to the corporation, and
5909
arrangements for the adjustment and payment of hurricane claims
5910
incurred on eligible risks by the claims adjuster and personnel
5911
of the authorized insurer. Entering into a quota sharing
5912
insurance agreement between the corporation and an authorized
5913
insurer shall be voluntary and at the discretion of the
5914
authorized insurer.
5915
3. May provide that the corporation may employ or otherwise
5916
contract with individuals or other entities to provide
5917
administrative or professional services that may be appropriate
5918
to effectuate the plan. The corporation shall have the power to
5919
borrow funds, by issuing bonds or by incurring other
5920
indebtedness, and shall have other powers reasonably necessary to
5921
effectuate the requirements of this subsection, including,
5922
without limitation, the power to issue bonds and incur other
5923
indebtedness in order to refinance outstanding bonds or other
5924
indebtedness. The corporation may, but is not required to, seek
5925
judicial validation of its bonds or other indebtedness under
5926
chapter 75. The corporation may issue bonds or incur other
5927
indebtedness, or have bonds issued on its behalf by a unit of
5928
local government pursuant to subparagraph (p)2., in the absence
5929
of a hurricane or other weather-related event, upon a
5930
determination by the corporation, subject to approval by the
5931
office, that such action would enable it to efficiently meet the
5932
financial obligations of the corporation and that such financings
5933
are reasonably necessary to effectuate the requirements of this
5934
subsection. The corporation is authorized to take all actions
5935
needed to facilitate tax-free status for any such bonds or
5936
indebtedness, including formation of trusts or other affiliated
5937
entities. The corporation shall have the authority to pledge
5938
assessments, projected recoveries from the Florida Hurricane
5939
Catastrophe Fund, other reinsurance recoverables, market
5940
equalization and other surcharges, and other funds available to
5941
the corporation as security for bonds or other indebtedness. In
5942
recognition of s. 10, Art. I of the State Constitution,
5943
prohibiting the impairment of obligations of contracts, it is the
5944
intent of the Legislature that no action be taken whose purpose
5945
is to impair any bond indenture or financing agreement or any
5946
revenue source committed by contract to such bond or other
5947
indebtedness.
5948
4.a. Must require that the corporation operate subject to
5949
the supervision and approval of a board of governors consisting
5950
of eight individuals who are residents of this state, from
5951
different geographical areas of this state. The Governor, the
5952
Chief Financial Officer, the President of the Senate, and the
5953
Speaker of the House of Representatives shall each appoint two
5954
members of the board. At least one of the two members appointed
5955
by each appointing officer must have demonstrated expertise in
5956
insurance. The Chief Financial Officer shall designate one of the
5957
appointees as chair. All board members serve at the pleasure of
5958
the appointing officer. All members of the board of governors are
5959
subject to removal at will by the officers who appointed them.
5960
All board members, including the chair, must be appointed to
5961
serve for 3-year terms beginning annually on a date designated by
5962
the plan. Any board vacancy shall be filled for the unexpired
5963
term by the appointing officer. The Chief Financial Officer shall
5964
appoint a technical advisory group to provide information and
5965
advice to the board of governors in connection with the board's
5966
duties under this subsection. The executive director and senior
5967
managers of the corporation shall be engaged by the board and
5968
serve at the pleasure of the board. Any executive director
5969
appointed on or after July 1, 2006, is subject to confirmation by
5970
the Senate. The executive director is responsible for employing
5971
other staff as the corporation may require, subject to review and
5972
concurrence by the board.
5973
b. The board shall create a Market Accountability Advisory
5974
Committee to assist the corporation in developing awareness of
5975
its rates and its customer and agent service levels in
5976
relationship to the voluntary market insurers writing similar
5977
coverage. The members of the advisory committee shall consist of
5978
the following 11 persons, one of whom must be elected chair by
5979
the members of the committee: four representatives, one appointed
5980
by the Florida Association of Insurance Agents, one by the
5981
Florida Association of Insurance and Financial Advisors, one by
5982
the Professional Insurance Agents of Florida, and one by the
5983
Latin American Association of Insurance Agencies; three
5984
representatives appointed by the insurers with the three highest
5985
voluntary market share of residential property insurance business
5986
in the state; one representative from the Office of Insurance
5987
Regulation; one consumer appointed by the board who is insured by
5988
the corporation at the time of appointment to the committee; one
5989
representative appointed by the Florida Association of Realtors;
5990
and one representative appointed by the Florida Bankers
5991
Association. All members must serve for 3-year terms and may
5992
serve for consecutive terms. The committee shall report to the
5993
corporation at each board meeting on insurance market issues
5994
which may include rates and rate competition with the voluntary
5995
market; service, including policy issuance, claims processing,
5996
and general responsiveness to policyholders, applicants, and
5997
agents; and matters relating to depopulation.
5998
5. Must provide a procedure for determining the eligibility
5999
of a risk for coverage, as follows:
6000
a. Subject to the provisions of s. 627.3517, with respect
6001
to personal lines residential risks, if the risk is offered
6002
coverage from an authorized insurer at the insurer's approved
6003
rate under either a standard policy including wind coverage or,
6004
if consistent with the insurer's underwriting rules as filed with
6005
the office, a basic policy including wind coverage, for a new
6006
application to the corporation for coverage, the risk is not
6007
eligible for any policy issued by the corporation unless the
6008
premium for coverage from the authorized insurer is more than 15
6009
percent greater than the premium for comparable coverage from the
6010
corporation. If the risk is not able to obtain any such offer,
6011
the risk is eligible for either a standard policy including wind
6012
coverage or a basic policy including wind coverage issued by the
6013
corporation; however, if the risk could not be insured under a
6014
standard policy including wind coverage regardless of market
6015
conditions, the risk shall be eligible for a basic policy
6016
including wind coverage unless rejected under subparagraph 8. 9.
6017
However, with regard to a policyholder of the corporation or a
6018
policyholder removed from the corporation through an assumption
6019
agreement until the end of the assumption period, the
6020
policyholder remains eligible for coverage from the corporation
6021
regardless of any offer of coverage from an authorized insurer or
6022
surplus lines insurer. The corporation shall determine the type
6023
of policy to be provided on the basis of objective standards
6024
specified in the underwriting manual and based on generally
6025
accepted underwriting practices.
6026
(I) If the risk accepts an offer of coverage through the
6027
market assistance plan or an offer of coverage through a
6028
mechanism established by the corporation before a policy is
6029
issued to the risk by the corporation or during the first 30 days
6030
of coverage by the corporation, and the producing agent who
6031
submitted the application to the plan or to the corporation is
6032
not currently appointed by the insurer, the insurer shall:
6033
(A) Pay to the producing agent of record of the policy, for
6034
the first year, an amount that is the greater of the insurer's
6035
usual and customary commission for the type of policy written or
6036
a fee equal to the usual and customary commission of the
6037
corporation; or
6038
(B) Offer to allow the producing agent of record of the
6039
policy to continue servicing the policy for a period of not less
6040
than 1 year and offer to pay the agent the greater of the
6041
insurer's or the corporation's usual and customary commission for
6042
the type of policy written.
6043
6044
If the producing agent is unwilling or unable to accept
6045
appointment, the new insurer shall pay the agent in accordance
6046
with sub-sub-sub-subparagraph (A).
6047
(II) When the corporation enters into a contractual
6048
agreement for a take-out plan, the producing agent of record of
6049
the corporation policy is entitled to retain any unearned
6050
commission on the policy, and the insurer shall:
6051
(A) Pay to the producing agent of record of the corporation
6052
policy, for the first year, an amount that is the greater of the
6053
insurer's usual and customary commission for the type of policy
6054
written or a fee equal to the usual and customary commission of
6055
the corporation; or
6056
(B) Offer to allow the producing agent of record of the
6057
corporation policy to continue servicing the policy for a period
6058
of not less than 1 year and offer to pay the agent the greater of
6059
the insurer's or the corporation's usual and customary commission
6060
for the type of policy written.
6061
6062
If the producing agent is unwilling or unable to accept
6063
appointment, the new insurer shall pay the agent in accordance
6064
with sub-sub-sub-subparagraph (A).
6065
b. With respect to commercial lines residential risks, for
6066
a new application to the corporation for coverage, if the risk is
6067
offered coverage under a policy including wind coverage from an
6068
authorized insurer at its approved rate, the risk is not eligible
6069
for any policy issued by the corporation unless the premium for
6070
coverage from the authorized insurer is more than 15 percent
6071
greater than the premium for comparable coverage from the
6072
corporation. If the risk is not able to obtain any such offer,
6073
the risk is eligible for a policy including wind coverage issued
6074
by the corporation. However, with regard to a policyholder of the
6075
corporation or a policyholder removed from the corporation
6076
through an assumption agreement until the end of the assumption
6077
period, the policyholder remains eligible for coverage from the
6078
corporation regardless of any offer of coverage from an
6079
authorized insurer or surplus lines insurer.
6080
(I) If the risk accepts an offer of coverage through the
6081
market assistance plan or an offer of coverage through a
6082
mechanism established by the corporation before a policy is
6083
issued to the risk by the corporation or during the first 30 days
6084
of coverage by the corporation, and the producing agent who
6085
submitted the application to the plan or the corporation is not
6086
currently appointed by the insurer, the insurer shall:
6087
(A) Pay to the producing agent of record of the policy, for
6088
the first year, an amount that is the greater of the insurer's
6089
usual and customary commission for the type of policy written or
6090
a fee equal to the usual and customary commission of the
6091
corporation; or
6092
(B) Offer to allow the producing agent of record of the
6093
policy to continue servicing the policy for a period of not less
6094
than 1 year and offer to pay the agent the greater of the
6095
insurer's or the corporation's usual and customary commission for
6096
the type of policy written.
6097
6098
If the producing agent is unwilling or unable to accept
6099
appointment, the new insurer shall pay the agent in accordance
6100
with sub-sub-sub-subparagraph (A).
6101
(II) When the corporation enters into a contractual
6102
agreement for a take-out plan, the producing agent of record of
6103
the corporation policy is entitled to retain any unearned
6104
commission on the policy, and the insurer shall:
6105
(A) Pay to the producing agent of record of the corporation
6106
policy, for the first year, an amount that is the greater of the
6107
insurer's usual and customary commission for the type of policy
6108
written or a fee equal to the usual and customary commission of
6109
the corporation; or
6110
(B) Offer to allow the producing agent of record of the
6111
corporation policy to continue servicing the policy for a period
6112
of not less than 1 year and offer to pay the agent the greater of
6113
the insurer's or the corporation's usual and customary commission
6114
for the type of policy written.
6115
6116
If the producing agent is unwilling or unable to accept
6117
appointment, the new insurer shall pay the agent in accordance
6118
with sub-sub-sub-subparagraph (A).
6119
c. For purposes of determining comparable coverage under
6120
sub-subparagraphs a. and b., the comparison shall be based on
6121
those forms and coverages that are reasonably comparable. The
6122
corporation may rely on a determination of comparable coverage
6123
and premium made by the producing agent who submits the
6124
application to the corporation, made in the agent's capacity as
6125
the corporation's agent. A comparison may be made solely of the
6126
premium with respect to the main building or structure only on
6127
the following basis: the same coverage A or other building
6128
limits; the same percentage hurricane deductible that applies on
6129
an annual basis or that applies to each hurricane for commercial
6130
residential property; the same percentage of ordinance and law
6131
coverage, if the same limit is offered by both the corporation
6132
and the authorized insurer; the same mitigation credits, to the
6133
extent the same types of credits are offered both by the
6134
corporation and the authorized insurer; the same method for loss
6135
payment, such as replacement cost or actual cash value, if the
6136
same method is offered both by the corporation and the authorized
6137
insurer in accordance with underwriting rules; and any other form
6138
or coverage that is reasonably comparable as determined by the
6139
board. If an application is submitted to the corporation for
6140
wind-only coverage in the high-risk account, the premium for the
6141
corporation's wind-only policy plus the premium for the ex-wind
6142
policy that is offered by an authorized insurer to the applicant
6143
shall be compared to the premium for multiperil coverage offered
6144
by an authorized insurer, subject to the standards for comparison
6145
specified in this subparagraph. If the corporation or the
6146
applicant requests from the authorized insurer a breakdown of the
6147
premium of the offer by types of coverage so that a comparison
6148
may be made by the corporation or its agent and the authorized
6149
insurer refuses or is unable to provide such information, the
6150
corporation may treat the offer as not being an offer of coverage
6151
from an authorized insurer at the insurer's approved rate.
6152
6. Must include rules for classifications of risks and
6153
rates therefor.
6154
7. Must provide that if premium and investment income for
6155
an account attributable to a particular calendar year are in
6156
excess of projected losses and expenses for the account
6157
attributable to that year, such excess shall be held in surplus
6158
in the account. Such surplus shall be available to defray
6159
deficits in that account as to future years and shall be used for
6160
that purpose prior to assessing assessable insurers and
6161
assessable insureds as to any calendar year.
6162
8. Must provide objective criteria and procedures to be
6163
uniformly applied for all applicants in determining whether an
6164
individual risk is so hazardous as to be uninsurable. In making
6165
this determination and in establishing the criteria and
6166
procedures, the following shall be considered:
6167
a. Whether the likelihood of a loss for the individual risk
6168
is substantially higher than for other risks of the same class;
6169
and
6170
b. Whether the uncertainty associated with the individual
6171
risk is such that an appropriate premium cannot be determined.
6172
6173
The acceptance or rejection of a risk by the corporation shall be
6174
construed as the private placement of insurance, and the
6175
provisions of chapter 120 shall not apply.
6176
9. Must provide that the corporation shall make its best
6177
efforts to procure catastrophe reinsurance at reasonable rates,
6178
to cover its projected 100-year probable maximum loss as
6179
determined by the board of governors.
6180
10. Must provide that in the event of regular deficit
6181
assessments under sub-subparagraph (b)3.a. or sub-subparagraph
6182
(b)3.b., in the personal lines account, the commercial lines
6183
residential account, or the high-risk account, the corporation
6184
shall levy upon corporation policyholders in its next rate
6185
filing, or by a separate rate filing solely for this purpose, a
6186
Citizens policyholder surcharge arising from a regular assessment
6187
in such account in a percentage equal to the total amount of such
6188
regular assessments divided by the aggregate statewide direct
6189
written premium for subject lines of business for the prior
6190
calendar year. For purposes of calculating the Citizens
6191
policyholder surcharge to be levied under this subparagraph, the
6192
total amount of the regular assessment to which this surcharge is
6193
related shall be determined as set forth in subparagraph (b)3.,
6194
without deducting the estimated Citizens policyholder surcharge.
6195
Citizens policyholder surcharges under this subparagraph are not
6196
considered premium and are not subject to commissions, fees, or
6197
premium taxes; however, failure to pay a market equalization
6198
surcharge shall be treated as failure to pay premium.
6199
11. The policies issued by the corporation must provide
6200
that, if the corporation or the market assistance plan obtains an
6201
offer from an authorized insurer to cover the risk at its
6202
approved rates, the risk is no longer eligible for renewal
6203
through the corporation, except as otherwise provided in this
6204
subsection.
6205
12. Corporation policies and applications must include a
6206
notice that the corporation policy could, under this section, be
6207
replaced with a policy issued by an authorized insurer that does
6208
not provide coverage identical to the coverage provided by the
6209
corporation. The notice shall also specify that acceptance of
6210
corporation coverage creates a conclusive presumption that the
6211
applicant or policyholder is aware of this potential.
6212
13. May establish, subject to approval by the office,
6213
different eligibility requirements and operational procedures for
6214
any line or type of coverage for any specified county or area if
6215
the board determines that such changes to the eligibility
6216
requirements and operational procedures are justified due to the
6217
voluntary market being sufficiently stable and competitive in
6218
such area or for such line or type of coverage and that consumers
6219
who, in good faith, are unable to obtain insurance through the
6220
voluntary market through ordinary methods would continue to have
6221
access to coverage from the corporation. When coverage is sought
6222
in connection with a real property transfer, such requirements
6223
and procedures shall not provide for an effective date of
6224
coverage later than the date of the closing of the transfer as
6225
established by the transferor, the transferee, and, if
6226
applicable, the lender.
6227
14. Must provide that, with respect to the high-risk
6228
account, any assessable insurer with a surplus as to
6229
policyholders of $25 million or less writing 25 percent or more
6230
of its total countrywide property insurance premiums in this
6231
state may petition the office, within the first 90 days of each
6232
calendar year, to qualify as a limited apportionment company. A
6233
regular assessment levied by the corporation on a limited
6234
apportionment company for a deficit incurred by the corporation
6235
for the high-risk account in 2006 or thereafter may be paid to
6236
the corporation on a monthly basis as the assessments are
6237
collected by the limited apportionment company from its insureds
6238
pursuant to s. 627.3512, but the regular assessment must be paid
6239
in full within 12 months after being levied by the corporation. A
6240
limited apportionment company shall collect from its
6241
policyholders any emergency assessment imposed under sub-
6242
subparagraph (b)3.d. The plan shall provide that, if the office
6243
determines that any regular assessment will result in an
6244
impairment of the surplus of a limited apportionment company, the
6245
office may direct that all or part of such assessment be deferred
6246
as provided in subparagraph (p)4. However, there shall be no
6247
limitation or deferment of an emergency assessment to be
6248
collected from policyholders under sub-subparagraph (b)3.d.
6249
15. Must provide that the corporation appoint as its
6250
licensed agents only those agents who also hold an appointment as
6251
defined in s. 626.015(3) with an insurer who at the time of the
6252
agent's initial appointment by the corporation is authorized to
6253
write and is actually writing personal lines residential property
6254
coverage, commercial residential property coverage, or commercial
6255
nonresidential property coverage within the state.
6256
16. Must provide, by July 1, 2007, a premium payment plan
6257
option to its policyholders which allows at a minimum for
6258
quarterly and semiannual payment of premiums. A monthly payment
6259
plan may, but is not required to, be offered.
6260
17. Must limit coverage on mobile homes or manufactured
6261
homes built prior to 1994 to actual cash value of the dwelling
6262
rather than replacement costs of the dwelling.
6263
18. May provide such limits of coverage as the board
6264
determines, consistent with the requirements of this subsection.
6265
19. May require commercial property to meet specified
6266
hurricane mitigation construction features as a condition of
6267
eligibility for coverage.
6268
(n) If coverage in an account is deactivated pursuant to
6269
paragraph (o), coverage through the corporation shall be
6270
reactivated by order of the office only under one of the
6271
following circumstances:
6272
1. If the market assistance plan receives a minimum of 100
6273
applications for coverage within a 3-month period, or 200
6274
applications for coverage within a 1-year period or less for
6275
residential coverage, unless the market assistance plan provides
6276
a quotation from admitted carriers at their filed rates for at
6277
least 90 percent of such applicants. Any market assistance plan
6278
application that is rejected because an individual risk is so
6279
hazardous as to be uninsurable using the criteria specified in
6280
subparagraph (c)8. (c)9. shall not be included in the minimum
6281
percentage calculation provided herein. In the event that there
6282
is a legal or administrative challenge to a determination by the
6283
office that the conditions of this subparagraph have been met for
6284
eligibility for coverage in the corporation, any eligible risk
6285
may obtain coverage during the pendency of such challenge.
6286
2. In response to a state of emergency declared by the
6287
Governor under s. 252.36, the office may activate coverage by
6288
order for the period of the emergency upon a finding by the
6289
office that the emergency significantly affects the availability
6290
of residential property insurance.
6291
(v) Notwithstanding any other provision of law:
6292
1. The pledge or sale of, the lien upon, and the security
6293
interest in any rights, revenues, or other assets of the
6294
corporation created or purported to be created pursuant to any
6295
financing documents to secure any bonds or other indebtedness of
6296
the corporation shall be and remain valid and enforceable,
6297
notwithstanding the commencement of and during the continuation
6298
of, and after, any rehabilitation, insolvency, liquidation,
6299
bankruptcy, receivership, conservatorship, reorganization, or
6300
similar proceeding against the corporation under the laws of this
6301
state.
6302
2. No such proceeding shall relieve the corporation of its
6303
obligation, or otherwise affect its ability to perform its
6304
obligation, to continue to collect, or levy and collect,
6305
assessments, market equalization or other surcharges under
6306
subparagraph (c)10. (c)11., or any other rights, revenues, or
6307
other assets of the corporation pledged pursuant to any financing
6308
documents.
6309
3. Each such pledge or sale of, lien upon, and security
6310
interest in, including the priority of such pledge, lien, or
6311
security interest, any such assessments, market equalization or
6312
other surcharges, or other rights, revenues, or other assets
6313
which are collected, or levied and collected, after the
6314
commencement of and during the pendency of, or after, any such
6315
proceeding shall continue unaffected by such proceeding. As used
6316
in this subsection, the term "financing documents" means any
6317
agreement or agreements, instrument or instruments, or other
6318
document or documents now existing or hereafter created
6319
evidencing any bonds or other indebtedness of the corporation or
6320
pursuant to which any such bonds or other indebtedness has been
6321
or may be issued and pursuant to which any rights, revenues, or
6322
other assets of the corporation are pledged or sold to secure the
6323
repayment of such bonds or indebtedness, together with the
6324
payment of interest on such bonds or such indebtedness, or the
6325
payment of any other obligation or financial product, as defined
6326
in the plan of operation of the corporation related to such bonds
6327
or indebtedness.
6328
4. Any such pledge or sale of assessments, revenues,
6329
contract rights, or other rights or assets of the corporation
6330
shall constitute a lien and security interest, or sale, as the
6331
case may be, that is immediately effective and attaches to such
6332
assessments, revenues, or contract rights or other rights or
6333
assets, whether or not imposed or collected at the time the
6334
pledge or sale is made. Any such pledge or sale is effective,
6335
valid, binding, and enforceable against the corporation or other
6336
entity making such pledge or sale, and valid and binding against
6337
and superior to any competing claims or obligations owed to any
6338
other person or entity, including policyholders in this state,
6339
asserting rights in any such assessments, revenues, or contract
6340
rights or other rights or assets to the extent set forth in and
6341
in accordance with the terms of the pledge or sale contained in
6342
the applicable financing documents, whether or not any such
6343
person or entity has notice of such pledge or sale and without
6344
the need for any physical delivery, recordation, filing, or other
6345
action.
6346
5. As long as the corporation has any bonds outstanding,
6347
the corporation may not file a voluntary petition under chapter 9
6348
of the federal Bankruptcy Code or such corresponding chapter or
6349
sections as may be in effect, from time to time, and a public
6350
officer or any organization, entity, or other person may not
6351
authorize the corporation to be or become a debtor under chapter
6352
9 of the federal Bankruptcy Code or such corresponding chapter or
6353
sections as may be in effect, from time to time, during any such
6354
period.
6355
6. If ordered by a court of competent jurisdiction, the
6356
corporation may assume policies or otherwise provide coverage for
6357
policyholders of an insurer placed in liquidation under chapter
6358
631, under such forms, rates, terms, and conditions as the
6359
corporation deems appropriate, subject to approval by the office.
6360
(w)1. The following records of the corporation are
6361
confidential and exempt from the provisions of s. 119.07(1) and
6362
s. 24(a), Art. I of the State Constitution:
6363
a. Underwriting files, except that a policyholder or an
6364
applicant shall have access to his or her own underwriting files.
6365
b. Claims files, until termination of all litigation and
6366
settlement of all claims arising out of the same incident,
6367
although portions of the claims files may remain exempt, as
6368
otherwise provided by law. Confidential and exempt claims file
6369
records may be released to other governmental agencies upon
6370
written request and demonstration of need; such records held by
6371
the receiving agency remain confidential and exempt as provided
6372
for herein.
6373
c. Records obtained or generated by an internal auditor
6374
pursuant to a routine audit, until the audit is completed, or if
6375
the audit is conducted as part of an investigation, until the
6376
investigation is closed or ceases to be active. An investigation
6377
is considered "active" while the investigation is being conducted
6378
with a reasonable, good faith belief that it could lead to the
6379
filing of administrative, civil, or criminal proceedings.
6380
d. Matters reasonably encompassed in privileged attorney-
6381
client communications.
6382
e. Proprietary information licensed to the corporation
6383
under contract and the contract provides for the confidentiality
6384
of such proprietary information.
6385
f. All information relating to the medical condition or
6386
medical status of a corporation employee which is not relevant to
6387
the employee's capacity to perform his or her duties, except as
6388
otherwise provided in this paragraph. Information which is exempt
6389
shall include, but is not limited to, information relating to
6390
workers' compensation, insurance benefits, and retirement or
6391
disability benefits.
6392
g. Upon an employee's entrance into the employee assistance
6393
program, a program to assist any employee who has a behavioral or
6394
medical disorder, substance abuse problem, or emotional
6395
difficulty which affects the employee's job performance, all
6396
records relative to that participation shall be confidential and
6397
exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
6398
of the State Constitution, except as otherwise provided in s.
6399
112.0455(11).
6400
h. Information relating to negotiations for financing,
6401
reinsurance, depopulation, or contractual services, until the
6402
conclusion of the negotiations.
6403
i. Minutes of closed meetings regarding underwriting files,
6404
and minutes of closed meetings regarding an open claims file
6405
until termination of all litigation and settlement of all claims
6406
with regard to that claim, except that information otherwise
6407
confidential or exempt by law will be redacted.
6408
6409
When an authorized insurer is considering underwriting a risk
6410
insured by the corporation, relevant underwriting files and
6411
confidential claims files may be released to the insurer provided
6412
the insurer agrees in writing, notarized and under oath, to
6413
maintain the confidentiality of such files. When a file is
6414
transferred to an insurer that file is no longer a public record
6415
because it is not held by an agency subject to the provisions of
6416
the public records law. Underwriting files and confidential
6417
claims files may also be released to staff of and the board of
6418
governors of the market assistance plan established pursuant to
6419
s. 627.3515, who must retain the confidentiality of such files,
6420
except such files may be released to authorized insurers that are
6421
considering assuming the risks to which the files apply, provided
6422
the insurer agrees in writing, notarized and under oath, to
6423
maintain the confidentiality of such files. Finally, the
6424
corporation or the board or staff of the market assistance plan
6425
may make the following information obtained from underwriting
6426
files and confidential claims files available to licensed general
6427
lines insurance agents: name, address, and telephone number of
6428
the residential property owner or insured; location of the risk;
6429
rating information; loss history; and policy type. The receiving
6430
licensed general lines insurance agent must retain the
6431
confidentiality of the information received.
6432
2. Portions of meetings of the corporation are exempt from
6433
the provisions of s. 286.011 and s. 24(b), Art. I of the State
6434
Constitution wherein confidential underwriting files or
6435
confidential open claims files are discussed. All portions of
6436
corporation meetings which are closed to the public shall be
6437
recorded by a court reporter. The court reporter shall record the
6438
times of commencement and termination of the meeting, all
6439
discussion and proceedings, the names of all persons present at
6440
any time, and the names of all persons speaking. No portion of
6441
any closed meeting shall be off the record. Subject to the
6443
court reporter's notes of any closed meeting shall be retained by
6444
the corporation for a minimum of 5 years. A copy of the
6445
transcript, less any exempt matters, of any closed meeting
6446
wherein claims are discussed shall become public as to individual
6447
claims after settlement of the claim.
6448
Reviser's note.--Paragraph (2)(b) is amended to conform to
6449
the redesignation of Dade County as Miami-Dade County by s.
6450
1-4.2 of the Miami-Dade County Code. Paragraphs (6)(c) and
6451
(6)(n) are amended to conform to the redesignation of
6452
subparagraph (c)8. as subparagraph (c)9. by s. 15, ch. 2006-
6453
12, Laws of Florida, and further redesignation as
6454
subparagraph (c)8. by s. 11, ch. 2007-90, Laws of Florida.
6455
Paragraph (6)(v) is amended to conform to the redesignation
6456
of subparagraph (c)10. as subparagraph (c)11. by s. 15, ch.
6457
2006-12, and further redesignation as subparagraph (c)10. by
6458
s. 11, ch. 2007-90. Paragraph (6)(w) is amended to conform
6459
to the redesignation of s. 119.07(1)(b)-(d) as s.
6460
119.07(1)(d)-(f) by s. 1, ch. 2007-39, Laws of Florida, and
6461
to correct the reference by s. 4, ch. 2007-39.
6462
Section 150. Paragraph (a) of subsection (3) and paragraph
6463
(b) of subsection (6) of section 627.3511, Florida Statutes, are
6464
amended to read:
6465
627.3511 Depopulation of Citizens Property Insurance
6466
Corporation.--
6467
(3) EXEMPTION FROM DEFICIT ASSESSMENTS.--
6468
(a) The calculation of an insurer's assessment liability
6469
under s. 627.351(6)(b)3.a. or b. shall, for an insurer that in
6470
any calendar year removes 50,000 or more risks from the Citizens
6471
Property Insurance Corporation, either by issuance of a policy
6472
upon expiration or cancellation of the corporation policy or by
6473
assumption of the corporation's obligations with respect to in-
6474
force policies, exclude such removed policies for the succeeding
6475
3 years, as follows:
6476
1. In the first year following removal of the risks, the
6477
risks are excluded from the calculation to the extent of 100
6478
percent.
6479
2. In the second year following removal of the risks, the
6480
risks are excluded from the calculation to the extent of 75
6481
percent.
6482
3. In the third year following removal of the risks, the
6483
risks are excluded from the calculation to the extent of 50
6484
percent.
6485
6486
If the removal of risks is accomplished through assumption of
6487
obligations with respect to in-force policies, the corporation
6488
shall pay to the assuming insurer all unearned premium with
6489
respect to such policies less any policy acquisition costs agreed
6490
to by the corporation and assuming insurer. The term "policy
6491
acquisition costs" is defined as costs of issuance of the policy
6492
by the corporation which includes agent commissions, servicing
6493
company fees, and premium tax. This paragraph does not apply to
6494
an insurer that, at any time within 5 years before removing the
6495
risks, had a market share in excess of 0.1 percent of the
6496
statewide aggregate gross direct written premium for any line of
6497
property insurance, or to an affiliate of such an insurer. This
6498
paragraph does not apply unless either at least 40 percent of the
6499
risks removed from the corporation are located in Miami-Dade
6500
Dade, Broward, and Palm Beach Counties, or at least 30 percent of
6501
the risks removed from the corporation are located in such
6502
counties and an additional 50 percent of the risks removed from
6503
the corporation are located in other coastal counties.
6504
(6) COMMERCIAL RESIDENTIAL TAKE-OUT PLANS.--
6505
(b) In order for a plan to qualify for approval:
6506
1. At least 40 percent of the policies removed from the
6507
corporation under the plan must be located in Miami-Dade Dade,
6508
Broward, and Palm Beach Counties, or at least 30 percent of the
6509
policies removed from the corporation under the plan must be
6510
located in such counties and an additional 50 percent of the
6511
policies removed from the corporation must be located in other
6512
coastal counties.
6513
2. The insurer must renew the replacement policy at
6514
approved rates on substantially similar terms for two additional
6515
1-year terms, unless canceled or nonrenewed by the insurer for a
6516
lawful reason other than reduction of hurricane exposure. If an
6517
insurer assumes the corporation's obligations for a policy, it
6518
must issue a replacement policy for a 1-year term upon expiration
6519
of the corporation policy and must renew the replacement policy
6520
at approved rates on substantially similar terms for two
6521
additional 1-year terms, unless canceled by the insurer for a
6522
lawful reason other than reduction of hurricane exposure. For
6523
each replacement policy canceled or nonrenewed by the insurer for
6524
any reason during the 3-year coverage period required by this
6525
subparagraph, the insurer must remove from the corporation one
6526
additional policy covering a risk similar to the risk covered by
6527
the canceled or nonrenewed policy.
6528
Reviser's note.--Amended to conform to the redesignation of
6529
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
6530
Dade County Code.
6531
Section 151. Paragraph (b) of subsection (2) of section
6532
627.4133, Florida Statutes, is amended to read:
6533
627.4133 Notice of cancellation, nonrenewal, or renewal
6534
premium.--
6535
(2) With respect to any personal lines or commercial
6536
residential property insurance policy, including, but not limited
6537
to, any homeowner's, mobile home owner's, farmowner's,
6538
condominium association, condominium unit owner's, apartment
6539
building, or other policy covering a residential structure or its
6540
contents:
6541
(b) The insurer shall give the named insured written notice
6542
of nonrenewal, cancellation, or termination at least 100 days
6543
prior to the effective date of the nonrenewal, cancellation, or
6544
termination. However, the insurer shall give at least 100 days'
6545
written notice, or written notice by June 1, whichever is
6546
earlier, for any nonrenewal, cancellation, or termination that
6547
would be effective between June 1 and November 30. The notice
6548
must include the reason or reasons for the nonrenewal,
6549
cancellation, or termination, except that:
6550
1. When cancellation is for nonpayment of premium, at least
6551
10 days' written notice of cancellation accompanied by the reason
6552
therefor shall be given. As used in this subparagraph, the term
6553
"nonpayment of premium" means failure of the named insured to
6554
discharge when due any of her or his obligations in connection
6555
with the payment of premiums on a policy or any installment of
6556
such premium, whether the premium is payable directly to the
6557
insurer or its agent or indirectly under any premium finance plan
6558
or extension of credit, or failure to maintain membership in an
6559
organization if such membership is a condition precedent to
6560
insurance coverage. "Nonpayment of premium" also means the
6561
failure of a financial institution to honor an insurance
6562
applicant's check after delivery to a licensed agent for payment
6563
of a premium, even if the agent has previously delivered or
6564
transferred the premium to the insurer. If a dishonored check
6565
represents the initial premium payment, the contract and all
6566
contractual obligations shall be void ab initio unless the
6567
nonpayment is cured within the earlier of 5 days after actual
6568
notice by certified mail is received by the applicant or 15 days
6569
after notice is sent to the applicant by certified mail or
6570
registered mail, and if the contract is void, any premium
6571
received by the insurer from a third party shall be refunded to
6572
that party in full.
6573
2. When such cancellation or termination occurs during the
6574
first 90 days during which the insurance is in force and the
6575
insurance is canceled or terminated for reasons other than
6576
nonpayment of premium, at least 20 days' written notice of
6577
cancellation or termination accompanied by the reason therefor
6578
shall be given except where there has been a material
6579
misstatement or misrepresentation or failure to comply with the
6580
underwriting requirements established by the insurer.
6581
3. The requirement for providing written notice of
6582
nonrenewal by June 1 of any nonrenewal that would be effective
6583
between June 1 and November 30 does not apply to the following
6584
situations, but the insurer remains subject to the requirement to
6585
provide such notice at least 100 days prior to the effective date
6586
of nonrenewal:
6587
a. A policy that is nonrenewed due to a revision in the
6588
coverage for sinkhole losses and catastrophic ground cover
6590
chapter 2007-1, Laws of Florida.
6591
b. A policy that is nonrenewed by Citizens Property
6592
Insurance Corporation, pursuant to s. 627.351(6), for a policy
6593
that has been assumed by an authorized insurer offering
6594
replacement or renewal coverage to the policyholder.
6595
6596
After the policy has been in effect for 90 days, the policy shall
6597
not be canceled by the insurer except when there has been a
6598
material misstatement, a nonpayment of premium, a failure to
6599
comply with underwriting requirements established by the insurer
6600
within 90 days of the date of effectuation of coverage, or a
6601
substantial change in the risk covered by the policy or when the
6602
cancellation is for all insureds under such policies for a given
6603
class of insureds. This paragraph does not apply to individually
6604
rated risks having a policy term of less than 90 days.
6605
Reviser's note.--Amended to correct a reference and conform
6606
to context. Section 627.730 is the short title of the
6607
Florida Motor Vehicle No-Fault Law; s. 627.706 relates to
6608
coverage for sinkhole losses and catastrophic ground cover
6609
collapse.
6610
Section 152. Paragraph (a) of subsection (3) and paragraph
6611
(c) of subsection (6) of section 627.701, Florida Statutes, are
6612
amended to read:
6613
627.701 Liability of insureds; coinsurance; deductibles.--
6614
(3)(a) Except as otherwise provided in this subsection,
6615
prior to issuing a personal lines residential property insurance
6616
policy, the insurer must offer alternative deductible amounts
6617
applicable to hurricane losses equal to $500, 2 percent, 5
6618
percent, and 10 percent of the policy dwelling limits, unless the
6619
specific percentage deductible is less than $500. The written
6620
notice of the offer shall specify the hurricane deductible to be
6621
applied in the event that the applicant or policyholder fails to
6622
affirmatively choose a hurricane deductible. The insurer must
6623
provide such policyholder with notice of the availability of the
6624
deductible amounts specified in this subsection paragraph in a
6625
form approved by the office in conjunction with each renewal of
6626
the policy. The failure to provide such notice constitutes a
6627
violation of this code but does not affect the coverage provided
6628
under the policy.
6629
(6)
6630
(c) A secured hurricane deductible must include the
6631
substance of the following:
6632
1. The first $500 of any claim, regardless of the peril
6633
causing the loss, is fully deductible.
6634
2. With respect to hurricane losses only, the next $5,000
6635
in losses are fully insured, subject only to a copayment
6636
requirement of 10 percent.
6637
3. With respect to hurricane losses only, the remainder of
6638
the claim is subject to a deductible equal to a specified
6639
percentage of the policy dwelling limits in excess of the
6640
deductible allowed under former paragraph (3)(a) but no higher
6641
than 10 percent of the policy dwelling limits.
6642
4. The insurer agrees to renew the coverage on a guaranteed
6643
basis for a period of years after initial issuance of the secured
6644
deductible equal to at least 1 year for each 2 percentage points
6645
of deductible specified in subparagraph 3. unless the policy is
6646
canceled for nonpayment of premium or the insured fails to
6647
maintain the certificate of security. Such renewal shall be at
6648
the same premium as the initial policy except for premium changes
6649
attributable to changes in the value of the property.
6650
Reviser's note.--Paragraph (3)(a) is amended to conform to
6651
context and correct a reference. Paragraph (6)(c) is amended
6652
to clarify the status of former paragraph (3)(a), which was
6653
deleted by s. 28, ch. 2007-1, Laws of Florida.
6654
Section 153. Paragraph (b) of subsection (2) of section
6655
627.7261, Florida Statutes, is amended to read:
6656
627.7261 Refusal to issue policy.--
6657
(2)
6658
(b) As used in this section, the term "volunteer driver"
6659
means a person who provides services, including transporting
6660
individuals or goods, without compensation in excess of expenses
6661
to a private nonprofit agency as defined in s. 273.01(3) or a
6663
Reviser's note.--Amended to correct a reference and improve
6664
clarity. Section 737.501 was repealed by s. 48, ch. 2006-
6665
217, Laws of Florida; s. 736.1201, created by s. 12, ch.
6666
2006-217, now provides the definition of the term
6667
"charitable organization" previously found in s. 737.501(2).
6668
Section 154. Paragraphs (a) and (e) of subsection (5) of
6669
section 627.736, Florida Statutes, as revived, reenacted, and
6670
amended by sections 13 and 20 of chapter 2007-324, Laws of
6671
Florida, are amended to read:
6672
627.736 Required personal injury protection benefits;
6673
exclusions; priority; claims.--
6674
(5) CHARGES FOR TREATMENT OF INJURED PERSONS.--
6675
(a)1. Any physician, hospital, clinic, or other person or
6676
institution lawfully rendering treatment to an injured person for
6677
a bodily injury covered by personal injury protection insurance
6678
may charge the insurer and injured party only a reasonable amount
6679
pursuant to this section for the services and supplies rendered,
6680
and the insurer providing such coverage may pay for such charges
6681
directly to such person or institution lawfully rendering such
6682
treatment, if the insured receiving such treatment or his or her
6683
guardian has countersigned the properly completed invoice, bill,
6684
or claim form approved by the office upon which such charges are
6685
to be paid for as having actually been rendered, to the best
6686
knowledge of the insured or his or her guardian. In no event,
6687
however, may such a charge be in excess of the amount the person
6688
or institution customarily charges for like services or supplies.
6689
With respect to a determination of whether a charge for a
6690
particular service, treatment, or otherwise is reasonable,
6691
consideration may be given to evidence of usual and customary
6692
charges and payments accepted by the provider involved in the
6693
dispute, and reimbursement levels in the community and various
6694
federal and state medical fee schedules applicable to automobile
6695
and other insurance coverages, and other information relevant to
6696
the reasonableness of the reimbursement for the service,
6697
treatment, or supply.
6698
2. The insurer may limit reimbursement to 80 percent of the
6699
following schedule of maximum charges:
6700
a. For emergency transport and treatment by providers
6701
licensed under chapter 401, 200 percent of Medicare.
6702
b. For emergency services and care provided by a hospital
6703
licensed under chapter 395, 75 percent of the hospital's usual
6704
and customary charges.
6705
c. For emergency services and care as defined by s.
6707
chapter 395 rendered by a physician or dentist, and related
6708
hospital inpatient services rendered by a physician or dentist,
6709
the usual and customary charges in the community.
6710
d. For hospital inpatient services, other than emergency
6711
services and care, 200 percent of the Medicare Part A prospective
6712
payment applicable to the specific hospital providing the
6713
inpatient services.
6714
e. For hospital outpatient services, other than emergency
6715
services and care, 200 percent of the Medicare Part A Ambulatory
6716
Payment Classification for the specific hospital providing the
6717
outpatient services.
6718
f. For all other medical services, supplies, and care, 200
6719
percent of the applicable Medicare Part B fee schedule. However,
6720
if such services, supplies, or care is not reimbursable under
6721
Medicare Part B, the insurer may limit reimbursement to 80
6722
percent of the maximum reimbursable allowance under workers'
6723
compensation, as determined under s. 440.13 and rules adopted
6724
thereunder which are in effect at the time such services,
6725
supplies, or care is provided. Services, supplies, or care that
6726
is not reimbursable under Medicare or workers' compensation is
6727
not required to be reimbursed by the insurer.
6728
3. For purposes of subparagraph 2., the applicable fee
6729
schedule or payment limitation under Medicare is the fee schedule
6730
or payment limitation in effect at the time the services,
6731
supplies, or care was rendered and for the area in which such
6732
services were rendered, except that it may not be less than the
6733
applicable 2007 Medicare Part B fee schedule for medical
6734
services, supplies, and care subject to Medicare Part B.
6735
4. Subparagraph 2. does not allow the insurer to apply any
6736
limitation on the number of treatments or other utilization
6737
limits that apply under Medicare or workers' compensation. An
6738
insurer that applies the allowable payment limitations of
6739
subparagraph 2. must reimburse a provider who lawfully provided
6740
care or treatment under the scope of his or her license,
6741
regardless of whether such provider would be entitled to
6742
reimbursement under Medicare due to restrictions or limitations
6743
on the types or discipline of health care providers who may be
6744
reimbursed for particular procedures or procedure codes.
6745
5. If an insurer limits payment as authorized by
6746
subparagraph 2., the person providing such services, supplies, or
6747
care may not bill or attempt to collect from the insured any
6748
amount in excess of such limits, except for amounts that are not
6749
covered by the insured's personal injury protection coverage due
6750
to the coinsurance amount or maximum policy limits.
6751
(e)1. At the initial treatment or service provided, each
6752
physician, other licensed professional, clinic, or other medical
6753
institution providing medical services upon which a claim for
6754
personal injury protection benefits is based shall require an
6755
insured person, or his or her guardian, to execute a disclosure
6756
and acknowledgment form, which reflects at a minimum that:
6757
a. The insured, or his or her guardian, must countersign
6758
the form attesting to the fact that the services set forth
6759
therein were actually rendered;
6760
b. The insured, or his or her guardian, has both the right
6761
and affirmative duty to confirm that the services were actually
6762
rendered;
6763
c. The insured, or his or her guardian, was not solicited
6764
by any person to seek any services from the medical provider;
6765
d. That The physician, other licensed professional, clinic,
6766
or other medical institution rendering services for which payment
6767
is being claimed explained the services to the insured or his or
6768
her guardian; and
6769
e. If the insured notifies the insurer in writing of a
6770
billing error, the insured may be entitled to a certain
6771
percentage of a reduction in the amounts paid by the insured's
6772
motor vehicle insurer.
6773
2. The physician, other licensed professional, clinic, or
6774
other medical institution rendering services for which payment is
6775
being claimed has the affirmative duty to explain the services
6776
rendered to the insured, or his or her guardian, so that the
6777
insured, or his or her guardian, countersigns the form with
6778
informed consent.
6779
3. Countersignature by the insured, or his or her guardian,
6780
is not required for the reading of diagnostic tests or other
6781
services that are of such a nature that they are not required to
6782
be performed in the presence of the insured.
6783
4. The licensed medical professional rendering treatment
6784
for which payment is being claimed must sign, by his or her own
6785
hand, the form complying with this paragraph.
6786
5. The original completed disclosure and acknowledgment
6787
form shall be furnished to the insurer pursuant to paragraph
6788
(4)(b) and may not be electronically furnished.
6789
6. This disclosure and acknowledgment form is not required
6790
for services billed by a provider for emergency services as
6791
defined in s. 395.002, for emergency services and care as defined
6792
in s. 395.002 rendered in a hospital emergency department, or for
6793
transport and treatment rendered by an ambulance provider
6794
licensed pursuant to part III of chapter 401.
6795
7. The Financial Services Commission shall adopt, by rule,
6796
a standard disclosure and acknowledgment form that shall be used
6797
to fulfill the requirements of this paragraph, effective 90 days
6798
after such form is adopted and becomes final. The commission
6799
shall adopt a proposed rule by October 1, 2003. Until the rule is
6800
final, the provider may use a form of its own which otherwise
6801
complies with the requirements of this paragraph.
6802
8. As used in this paragraph, "countersigned" means a
6803
second or verifying signature, as on a previously signed
6804
document, and is not satisfied by the statement "signature on
6805
file" or any similar statement.
6806
9. The requirements of this paragraph apply only with
6807
respect to the initial treatment or service of the insured by a
6808
provider. For subsequent treatments or service, the provider must
6809
maintain a patient log signed by the patient, in chronological
6810
order by date of service, that is consistent with the services
6811
being rendered to the patient as claimed. The requirements of
6812
this subparagraph for maintaining a patient log signed by the
6813
patient may be met by a hospital that maintains medical records
6814
as required by s. 395.3025 and applicable rules and makes such
6815
records available to the insurer upon request.
6816
Reviser's note.--Paragraph (5)(a) is amended to correct an
6817
erroneous reference. "Emergency services and care" is
6819
hospital." Paragraph (5)(e) is amended to correct
6820
construction and eliminate redundancy.
6821
Section 155. Paragraph (b) of subsection (1) of section
6822
628.461, Florida Statutes, is amended to read:
6823
628.461 Acquisition of controlling stock.--
6824
(1) A person may not, individually or in conjunction with
6825
any affiliated person of such person, acquire directly or
6826
indirectly, conclude a tender offer or exchange offer for, enter
6827
into any agreement to exchange securities for, or otherwise
6828
finally acquire 5 percent or more of the outstanding voting
6829
securities of a domestic stock insurer or of a controlling
6830
company, unless:
6831
(b) The person or affiliated person has filed with the
6832
office a statement as specified in subsection (3). The statement
6833
must be completed and filed within 30 days after:
6834
1. Any definitive acquisition agreement is entered;
6835
2. Any form of tender offer or exchange offer is proposed;
6836
or
6837
3. The acquisition of the securities, if no definitive
6838
acquisition agreement, tender offer, or exchange offer is
6839
involved; and
6840
6841
In lieu of a filing as required under this subsection, a party
6842
acquiring less than 10 percent of the outstanding voting
6843
securities of an insurer may file a disclaimer of affiliation and
6844
control. The disclaimer shall fully disclose all material
6845
relationships and basis for affiliation between the person and
6846
the insurer as well as the basis for disclaiming the affiliation
6847
and control. After a disclaimer has been filed, the insurer shall
6848
be relieved of any duty to register or report under this section
6849
which may arise out of the insurer's relationship with the person
6850
unless and until the office disallows the disclaimer. The office
6851
shall disallow a disclaimer only after furnishing all parties in
6852
interest with notice and opportunity to be heard and after making
6853
specific findings of fact to support the disallowance. A filing
6854
as required under this subsection must be made as to any
6855
acquisition that equals or exceeds 10 percent of the outstanding
6856
voting securities.
6857
Reviser's note.--Amended to confirm the editorial insertion
6858
of the words "[t]he person or affiliated person" to improve
6859
clarity.
6860
Section 156. Paragraph (b) of subsection (2) of section
6861
628.4615, Florida Statutes, is amended to read:
6862
628.4615 Specialty insurers; acquisition of controlling
6863
stock, ownership interest, assets, or control; merger or
6864
consolidation.--
6865
(2) A person may not, individually or in conjunction with
6866
any affiliated person of such person, directly or indirectly,
6867
conclude a tender offer or exchange offer for, enter into any
6868
agreement to exchange securities for, or otherwise finally
6869
acquire, 10 percent or more of the outstanding voting securities
6870
of a specialty insurer which is a stock corporation or of a
6871
controlling company of a specialty insurer which is a stock
6872
corporation; or conclude an acquisition of, or otherwise finally
6873
acquire, 10 percent or more of the ownership interest of a
6874
specialty insurer which is not a stock corporation or of a
6875
controlling company of a specialty insurer which is not a stock
6876
corporation, unless:
6877
(b) The person or affiliated person has filed with the
6878
office an application signed under oath and prepared on forms
6879
prescribed by the commission which contains the information
6880
specified in subsection (4). The application must be completed
6881
and filed within 30 days after any form of tender offer or
6882
exchange offer is proposed, or after the acquisition of the
6883
securities if no tender offer or exchange offer is involved; and
6884
Reviser's note.--Amended to confirm the editorial insertion
6885
of the words "[t]he person or affiliated person" to improve
6886
clarity.
6887
Section 157. Subsection (5) of section 633.01, Florida
6888
Statutes, is amended to read:
6889
633.01 State Fire Marshal; powers and duties; rules.--
6890
(5) It is the intent of the Legislature that there are to
6891
be no conflicting requirements between the Florida Fire
6892
Prevention Code and the Life Safety Code authorized by this
6893
chapter and the provisions of the Florida Building Code or
6894
conflicts in their enforcement and interpretation. Potential
6895
conflicts shall be resolved through coordination and cooperation
6896
of the State Fire Marshal and the Florida Building Commission as
6897
provided by this chapter and part IV VII of chapter 553.
6898
Reviser's note.--Amended to correct an erroneous reference.
6899
Part VII of chapter 553 relates to standards for radon-
6900
resistant buildings; part IV of chapter 553 relates to the
6901
Florida Building Code.
6902
Section 158. Subsection (4) of section 633.025, Florida
6903
Statutes, is amended to read:
6904
633.025 Minimum firesafety standards.--
6905
(4) Such codes shall be minimum codes and a municipality,
6906
county, or special district with firesafety responsibilities may
6907
adopt more stringent firesafety standards, subject to the
6908
requirements of this subsection. Such county, municipality, or
6909
special district may establish alternative requirements to those
6910
requirements which are required under the minimum firesafety
6911
standards on a case-by-case basis, in order to meet special
6912
situations arising from historic, geographic, or unusual
6913
conditions, if the alternative requirements result in a level of
6914
protection to life, safety, or property equal to or greater than
6915
the applicable minimum firesafety standards. For the purpose of
6916
this subsection, the term "historic" means that the building or
6917
structure is listed on the National Register of Historic Places
6918
of the United States Department of the Interior.
6919
(a) The local governing body shall determine, following a
6920
public hearing which has been advertised in a newspaper of
6921
general circulation at least 10 days before the hearing, if there
6922
is a need to strengthen the requirements of the minimum
6923
firesafety code adopted by such governing body. The determination
6924
must be based upon a review of local conditions by the local
6925
governing body, which review demonstrates that local conditions
6926
justify more stringent requirements than those specified in the
6927
minimum firesafety code for the protection of life and property
6928
or justify requirements that meet special situations arising from
6929
historic, geographic, or unusual conditions.
6930
(b) Such additional requirements shall not be
6931
discriminatory as to materials, products, or construction
6932
techniques of demonstrated capabilities.
6933
(c) Paragraphs (a) and (b) apply solely to the local
6934
enforcing agency's adoption of requirements more stringent than
6935
those specified in the Florida Fire Prevention Code and the Life
6936
Safety Code that have the effect of amending building
6937
construction standards. Upon request, the enforcing agency shall
6938
provide a person making application for a building permit, or any
6939
state agency or board with construction-related regulation
6940
responsibilities, a listing of all such requirements and codes.
6941
(d) A local government which adopts amendments to the
6942
minimum firesafety code must provide a procedure by which the
6943
validity of such amendments may be challenged by any
6944
substantially affected party to test the amendment's compliance
6945
with the provisions of this section.
6946
1. Unless the local government agrees to stay enforcement
6947
of the amendment, or other good cause is shown, the challenging
6948
party shall be entitled to a hearing on the challenge within 45
6949
days.
6950
2. For purposes of such challenge, the burden of proof
6951
shall be on the challenging party, but the amendment shall not be
6952
presumed to be valid or invalid.
6953
6954
This subsection gives local government the authority to establish
6955
firesafety codes that exceed the minimum firesafety codes and
6956
standards adopted by the State Fire Marshal. The Legislature
6957
intends that local government give proper public notice and hold
6958
public hearings before adopting more stringent firesafety codes
6959
and standards. A substantially affected person may appeal, to the
6960
department, the local government's resolution of the challenge,
6961
and the department shall determine if the amendment complies with
6962
this section. Actions of the department are subject to judicial
6963
review pursuant to s. 120.68. The department shall consider
6964
reports of the Florida Building Commission, pursuant to part IV
6965
VII of chapter 553, when evaluating building code enforcement.
6966
Reviser's note.--Amended to correct an erroneous reference.
6967
Part VII of chapter 553 relates to standards for radon-
6968
resistant buildings; part IV of chapter 553 relates to the
6969
Florida Building Code.
6970
Section 159. Paragraph (b) of subsection (3) of section
6971
660.417, Florida Statutes, is amended to read:
6972
660.417 Investment of fiduciary funds in investment
6973
instruments; permissible activity under certain circumstances;
6974
limitations.--
6975
(3) The fact that such bank or trust company or an
6976
affiliate of the bank or trust company owns or controls
6977
investment instruments shall not preclude the bank or trust
6978
company acting as a fiduciary from investing or reinvesting in
6979
such investment instruments, provided such investment
6980
instruments:
6981
(b) When sold to accounts for which the bank or trust
6982
company is acting as a trustee of a trust as defined in s.
6984
1. Are available for sale to accounts of other customers;
6985
and
6986
2. If sold to other customers, are not sold to the trust
6987
accounts upon terms that are less favorable to the buyer than the
6988
terms upon which they are normally sold to the other customers.
6989
Reviser's note.--Amended to conform to the redesignation of
6991
of Florida.
6992
Section 160. Paragraph (f) of subsection (5) of section
6993
736.0802, Florida Statutes, is amended to read:
6994
736.0802 Duty of loyalty.--
6995
(5)
6996
(f)1. The trustee of a trust described in s. 731.201(37)
6997
731.201(35) may request authority to invest in investment
6998
instruments described in this subsection other than a qualified
6999
investment instrument, by providing to all qualified
7000
beneficiaries a written request containing the following:
7001
a. The name, telephone number, street address, and mailing
7002
address of the trustee and of any individuals who may be
7003
contacted for further information.
7004
b. A statement that the investment or investments cannot be
7005
made without the consent of a majority of each class of the
7006
qualified beneficiaries.
7007
c. A statement that, if a majority of each class of
7008
qualified beneficiaries consent, the trustee will have the right
7009
to make investments in investment instruments, as defined in s.
7010
660.25(6), which are owned or controlled by the trustee or its
7011
affiliate, or from which the trustee or its affiliate receives
7012
compensation for providing services in a capacity other than as
7013
trustee, that such investment instruments may include investment
7014
instruments sold primarily to trust accounts, and that the
7015
trustee or its affiliate may receive fees in addition to the
7016
trustee's compensation for administering the trust.
7017
d. A statement that the consent may be withdrawn
7018
prospectively at any time by written notice given by a majority
7019
of any class of the qualified beneficiaries.
7020
7021
A statement by the trustee is not delivered if the statement is
7022
accompanied by another written communication other than a written
7023
communication by the trustee that refers only to the statement.
7024
2. For purposes of paragraph (e) and this paragraph:
7025
a. "Majority of the qualified beneficiaries" means:
7026
(I) If at the time the determination is made there are one
7027
or more beneficiaries as described in s. 736.0103(14)(c), at
7028
least a majority in interest of the beneficiaries described in s.
7029
736.0103(14)(a), at least a majority in interest of the
7030
beneficiaries described in s. 736.0103(14)(b), and at least a
7031
majority in interest of the beneficiaries described in s.
7032
736.0103(14)(c), if the interests of the beneficiaries are
7033
reasonably ascertainable; otherwise, a majority in number of each
7034
such class; or
7035
(II) If there is no beneficiary as described in s.
7036
736.0103(14)(c), at least a majority in interest of the
7037
beneficiaries described in s. 736.0103(14)(a) and at least a
7038
majority in interest of the beneficiaries described in s.
7039
736.0103(14)(b), if the interests of the beneficiaries are
7040
reasonably ascertainable; otherwise, a majority in number of each
7041
such class.
7042
b. "Qualified investment instrument" means a mutual fund,
7043
common trust fund, or money market fund described in and governed
7044
by s. 736.0816(3).
7045
c. An irrevocable trust is created upon execution of the
7046
trust instrument. If a trust that was revocable when created
7047
thereafter becomes irrevocable, the irrevocable trust is created
7048
when the right of revocation terminates.
7049
Reviser's note.--Amended to conform to the redesignation of
7051
of Florida.
7052
Section 161. Subsection (3) of section 741.3165, Florida
7053
Statutes, is amended to read:
7054
741.3165 Certain information exempt from disclosure.--
7055
(3) This section is subject to the Open Government Sunset
7056
Review Act of 1995 in accordance with s. 119.15, and shall stand
7057
repealed on October 2, 2010, unless reviewed and saved from
7058
repeal through reenactment by the Legislature.
7059
Reviser's note.--Amended to conform to the renaming of the
7060
"Open Government Sunset Review Act of 1995" as the "Open
7061
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7062
of Florida.
7063
Section 162. Subsection (4) of section 744.1076, Florida
7064
Statutes, is amended to read:
7065
744.1076 Court orders appointing court monitors and
7066
emergency court monitors; reports of court monitors; findings of
7067
no probable cause; public records exemptions.--
7068
(4) This section is subject to the Open Government Sunset
7069
Review Act of 1995 in accordance with s. 119.15 and shall stand
7070
repealed on October 2, 2011, unless reviewed and saved from
7071
repeal through reenactment by the Legislature.
7072
Reviser's note.--Amended to conform to the renaming of the
7073
"Open Government Sunset Review Act of 1995" as the "Open
7074
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7075
of Florida.
7076
Section 163. Section 812.1725, Florida Statutes, is amended
7077
to read:
7078
812.1725 Preemption.--A political subdivision of this state
7079
may not adopt, for convenience businesses, security standards
7081
all such differing standards, whether existing or proposed, are
7082
hereby preempted and superseded by general law, except any local
7083
ordinance in effect prior to September 1988 and determined by the
7084
Department of Legal Affairs to provide more stringent security
7086
not be preempted and superseded by general law for a period of 2
7087
years from December 31, 1992.
7088
Reviser's note.--Amended to delete an obsolete exemption
7089
relating to preemption.
7090
Section 164. Paragraph (c) of subsection (2) of section
7091
817.625, Florida Statutes, is amended to read:
7092
817.625 Use of scanning device or reencoder to defraud;
7093
penalties.--
7094
(2)
7095
(c) Any person who violates subparagraph (a)1. or
7096
subparagraph (a)2. shall also be subject to the provisions of ss.
7098
Reviser's note.--Amended to conform to the repeal of s.
7099
932.707 by s. 21, ch. 2006-176, Laws of Florida. The last
7100
section in the range is now s. 932.706.
7101
Section 165. Paragraph (a) of subsection (4) of section
7102
832.062, Florida Statutes, is amended to read:
7103
832.062 Prosecution for worthless checks, drafts, debit
7104
card orders, or electronic funds transfers made to pay any tax or
7105
associated amount administered by the Department of Revenue.--
7106
(4)(a) In any prosecution or action under this section, the
7107
making, drawing, uttering, or delivery of a check, draft, or
7108
order; the making, sending, instructing, ordering, or initiating
7109
of any electronic funds transfer; or causing the making, sending,
7110
instructing, ordering, or initiating of any electronic transfer
7111
payment, any of which are refused by the drawee because of lack
7112
of funds or credit, is prima facie evidence of intent to defraud
7113
or knowledge of insufficient funds in, or credit with, such bank,
7114
banking institution, trust company, or other depository, unless
7115
the maker, drawer, sender, instructor, orderer, or initiator, or
7116
someone for him or her, has paid the holder thereof the amount
7117
due thereon, together with a service charge, which may not exceed
7118
the service fees authorized under s. 832.08(5), or an amount of
7119
up to 5 percent of the face amount of the check or the amount of
7120
the electronic funds transfer, whichever is greater, within 15
7121
days after written notice has been sent to the address printed on
7122
the check, or given or on file at the time of issuance, that such
7123
check, draft, order, or electronic funds transfer has not been
7124
paid to the holder thereof, and has paid the bank fees incurred
7125
by the holder. In the event of legal action for recovery, the
7126
maker, drawer, sender, instructor, orderer, or initiator may be
7127
additionally liable for court costs and reasonable attorney's
7128
fees. Notice mailed by certified or registered mail that is
7129
evidenced by return receipt, or by first-class mail that is
7130
evidenced by an affidavit of service of mail, to the address
7131
printed on the check or given or on file at the time of issuance
7132
shall be deemed sufficient and equivalent to notice having been
7133
received by the maker, drawer, sender, instructor, orderer, or
7134
initiator, whether such notice is returned undelivered or not.
7135
The form of the notice shall be substantially as follows:
7136
7137
"You are hereby notified that a check or electronic funds
7138
transfer, numbered _____, in the face amount of $_____,
7139
issued or initiated by you on (date) , drawn upon
7140
(name of bank) , and payable to _____, has been
7141
dishonored. Pursuant to Florida law, you have 15 days
7142
following the date of this notice to tender payment of
7143
the full amount of such check or electronic funds
7144
transfer plus a service charge of $25, if the face value
7145
does not exceed $50; $30, if the face value exceeds $50
7146
but does not exceed $300; $40, if the face value exceeds
7147
$300; or an amount of up to 5 percent of the face amount
7148
of the check, whichever is greater, the total amount due
7149
being $_____ and _____ cents. Unless this amount is paid
7150
in full within the time specified above, the holder of
7151
such check or electronic funds transfer may turn over the
7152
dishonored check or electronic funds transfer and all
7153
other available information relating to this incident to
7154
the state attorney for criminal prosecution. You may be
7155
additionally liable in a civil action for triple the
7156
amount of the check or electronic funds transfer, but in
7157
no case less than $50, together with the amount of the
7158
check or electronic funds transfer, a service charge,
7159
court costs, reasonable attorney's fees, and incurred
7160
bank fees, as provided in s. 68.065, Florida Statutes."
7161
7162
Subsequent persons receiving a check, draft, order, or electronic
7163
funds transfer from the original payee or a successor endorsee
7164
have the same rights that the original payee has against the
7165
maker of the instrument if the subsequent persons give notice in
7166
a substantially similar form to that provided above. Subsequent
7167
persons providing such notice are immune from civil liability for
7168
the giving of such notice and for proceeding under the forms of
7169
such notice so long as the maker of the instrument has the same
7170
defenses against these subsequent persons as against the original
7171
payee. However, the remedies available under this section may be
7172
exercised only by one party in interest.
7173
Reviser's note.--Amended to confirm the editorial insertion
7174
of the word "or" to improve clarity.
7175
Section 166. Paragraph (c) of subsection (3) of section
7176
921.0022, Florida Statutes, is amended to read:
7177
921.0022 Criminal Punishment Code; offense severity ranking
7178
chart.--
7179
(3) OFFENSE SEVERITY RANKING CHART
7180
(c) LEVEL 3
7181
| FloridaStatute | FelonyDegree | Description |
7182
| 119.10(2)(b) | 3rd | Unlawful use of confidential information from police reports. |
7183
| 316.066(6)(b)-(d) | 3rd | Unlawfully obtaining or using confidential crash reports. |
7184
| 316.193(2)(b) | 3rd | Felony DUI, 3rd conviction. |
7185
| 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. |
7186
| 319.30(4) | 3rd | Possession by junkyard of motor vehicle with identification number plate removed. |
7187
| 319.33(1)(a) | 3rd | Alter or forge any certificate of title to a motor vehicle or mobile home. |
7188
| 319.33(1)(c) | 3rd | Procure or pass title on stolen vehicle. |
7189
| 319.33(4) | 3rd | With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. |
7190
| 327.35(2)(b) | 3rd | Felony BUI. |
7191
| 328.05(2) | 3rd | Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. |
7192
| 328.07(4) | 3rd | Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. |
7193
| 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. |
7194
| 370.12(1)(e)6. | 3rd | Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. |
7195
| 376.302(5) | 3rd | Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. |
7196
| 400.9935(4) 400.903(3) | 3rd | Operating a clinic without a license or filing false license application or other required information. |
7197
| 440.1051(3) | 3rd | False report of workers' compensation fraud or retaliation for making such a report. |
7198
| 501.001(2)(b) | 2nd | Tampers with a consumer product or the container using materially false/misleading information. |
7199
| 624.401(4)(a) | 3rd | Transacting insurance without a certificate of authority. |
7200
| 624.401(4)(b)1. | 3rd | Transacting insurance without a certificate of authority; premium collected less than $20,000. |
7201
| 626.902(1)(a) & (b) | 3rd | Representing an unauthorized insurer. |
7202
| 697.08 | 3rd | Equity skimming. |
7203
| 790.15(3) | 3rd | Person directs another to discharge firearm from a vehicle. |
7204
| 796.05(1) | 3rd | Live on earnings of a prostitute. |
7205
| 806.10(1) | 3rd | Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. |
7206
| 806.10(2) | 3rd | Interferes with or assaults firefighter in performance of duty. |
7207
| 810.09(2)(c) | 3rd | Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. |
7208
| 812.014(2)(c)2. | 3rd | Grand theft; $5,000 or more but less than $10,000. |
7209
| 812.0145(2)(c) | 3rd | Theft from person 65 years of age or older; $300 or more but less than $10,000. |
7210
| 815.04(4)(b) | 2nd | Computer offense devised to defraud or obtain property. |
7211
| 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. |
7212
| 817.233 | 3rd | Burning to defraud insurer. |
7213
| 817.234(8)(b)-(c) | 3rd | Unlawful solicitation of persons involved in motor vehicle accidents. |
7214
| 817.234(11)(a) | 3rd | Insurance fraud; property value less than $20,000. |
7215
| 817.236 | 3rd | Filing a false motor vehicle insurance application. |
7216
| 817.2361 | 3rd | Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. |
7217
| 817.413(2) | 3rd | Sale of used goods as new. |
7218
| 817.505(4) | 3rd | Patient brokering. |
7219
| 828.12(2) | 3rd | Tortures any animal with intent to inflict intense pain, serious physical injury, or death. |
7220
| 831.28(2)(a) | 3rd | Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. |
7221
| 831.29 | 2nd | Possession of instruments for counterfeiting drivers' licenses or identification cards. |
7222
| 838.021(3)(b) | 3rd | Threatens unlawful harm to public servant. |
7223
| 843.19 | 3rd | Injure, disable, or kill police dog or horse. |
7224
| 860.15(3) | 3rd | Overcharging for repairs and parts. |
7225
| 870.01(2) | 3rd | Riot; inciting or encouraging. |
7226
| 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). |
7227
| 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. |
7228
| 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. |
7229
| 893.13(6)(a) | 3rd | Possession of any controlled substance other than felony possession of cannabis. |
7230
| 893.13(7)(a)8. | 3rd | Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. |
7231
| 893.13(7)(a)9. | 3rd | Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. |
7232
| 893.13(7)(a)10. | 3rd | Affix false or forged label to package of controlled substance. |
7233
| 893.13(7)(a)11. | 3rd | Furnish false or fraudulent material information on any document or record required by chapter 893. |
7234
| 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. |
7235
| 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. |
7236
| 893.13(8)(a)3. | 3rd | Knowingly write a prescription for a controlled substance for a fictitious person. |
7237
| 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. |
7238
| 918.13(1)(a) | 3rd | Alter, destroy, or conceal investigation evidence. |
7239
| 944.47(1)(a)1.-2. | 3rd | Introduce contraband to correctional facility. |
7240
| 944.47(1)(c) | 2nd | Possess contraband while upon the grounds of a correctional institution. |
7241
| 985.721 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
7242
7243
Reviser's note.--Amended to correct an apparent error.
7244
Section 400.9935(4) addresses both unlicensed activity and
7245
falsified applications.
7246
Section 167. Subsection (1) of section 932.701, Florida
7247
Statutes, is amended to read:
7248
932.701 Short title; definitions.--
7250
and may be cited as the "Florida Contraband Forfeiture Act."
7251
Reviser's note.--Amended to conform to the repeal of s.
7252
932.707 by s. 21, ch. 2006-176, Laws of Florida. The last
7253
section in the range is now s. 932.706.
7254
Section 168. Subsection (1) of section 940.05, Florida
7255
Statutes, is amended to read:
7256
940.05 Restoration of civil rights.--Any person who has
7257
been convicted of a felony may be entitled to the restoration of
7258
all the rights of citizenship enjoyed by him or her prior to
7259
conviction if the person has:
7260
(1) Received a full pardon from the Board of Executive
7261
Clemency board of pardons;
7262
Reviser's note.--Amended to improve clarity and conform to
7263
the proper name of the board.
7264
Section 169. Subsection (3) of section 943.0314, Florida
7265
Statutes, is amended to read:
7266
943.0314 Public records and public meetings exemptions;
7267
Domestic Security Oversight Council.--
7268
(3) This section is subject to the Open Government Sunset
7269
Review Act of 1995 in accordance with s. 119.15 and shall stand
7270
repealed on October 2, 2010, unless reviewed and saved from
7271
repeal through reenactment by the Legislature.
7272
Reviser's note.--Amended to conform to the renaming of the
7273
"Open Government Sunset Review Act of 1995" as the "Open
7274
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7275
of Florida.
7276
Section 170. Subsection (2) of section 943.32, Florida
7277
Statutes, is amended to read:
7278
943.32 Statewide criminal analysis laboratory
7279
system.--There is established a statewide criminal analysis
7280
laboratory system to be composed of:
7281
(2) The existing locally funded laboratories in Broward,
7282
Dade, Indian River, Miami-Dade, Monroe, Palm Beach, and Pinellas
7283
Counties, specifically designated in s. 943.35 to be eligible for
7284
state matching funds; and
7285
Reviser's note.--Amended to conform to the redesignation of
7286
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7287
Dade County Code.
7288
Section 171. Paragraph (b) of subsection (1) of section
7289
943.35, Florida Statutes, is amended to read:
7290
943.35 Funding for existing laboratories.--
7291
(1) The following existing criminal analysis laboratories
7292
are eligible for receipt of state funding:
7293
(b) The Miami-Dade Metro-Dade Police Department Crime
7294
Laboratory;
7295
Reviser's note.--Amended to conform to the current name of
7296
the crime laboratory and the redesignation of Dade County as
7297
Miami-Dade County by s. 1-4.2 of the Miami-Dade County Code.
7298
Section 172. Section 947.06, Florida Statutes, as amended
7299
by section 16 of chapter 90-211, Laws of Florida, is amended to
7300
read:
7301
947.06 Meeting; when commission may act.--The commission
7302
shall meet at regularly scheduled intervals and from time to time
7303
as may otherwise be determined by the chair. The making of
7304
recommendations to the Governor and Cabinet in matters relating
7305
to modifications of acts and decisions of the chair as provided
7306
in s. 947.04(1) shall be by a majority vote of the commission. No
7307
prisoner shall be placed on parole except as provided in ss.
7309
appointed by the chair. All matters relating to the granting,
7310
denying, or revoking of parole shall be decided in a meeting at
7311
which the public shall have the right to be present. Victims of
7312
the crime committed by the inmate shall be permitted to make an
7313
oral statement or submit a written statement regarding their
7314
views as to the granting, denying, or revoking of parole. Persons
7315
not members or employees of the commission or victims of the
7316
crime committed by the inmate may be permitted to participate in
7317
deliberations concerning the granting and revoking of paroles
7318
only upon the prior written approval of the chair of the
7319
commission. To facilitate the ability of victims and other
7320
persons to attend commission meetings, the commission shall meet
7321
in various counties including, but not limited to, Broward, Dade,
7322
Duval, Escambia, Hillsborough, Leon, Miami-Dade, Orange, and Palm
7323
Beach, with the location chosen being as close as possible to the
7324
location where the parole-eligible inmate committed the offense
7325
for which the parole-eligible inmate was sentenced. The
7326
commission shall adopt rules governing the oral participation of
7327
victims and the submission of written statements by victims.
7328
Reviser's note.--Amended to conform to the redesignation of
7329
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7330
Dade County Code.
7331
Section 173. Section 947.06, Florida Statutes, as amended
7332
by section 22 of chapter 90-337, Laws of Florida, is amended to
7333
read:
7334
947.06 Meeting; when commission may act.--The commission
7335
shall meet at regularly scheduled intervals and from time to time
7336
as may otherwise be determined by the chair. The making of
7337
recommendations to the Governor and Cabinet in matters relating
7338
to modifications of acts and decisions of the chair as provided
7339
in s. 947.04(1) shall be by a majority vote of the commission. No
7340
prisoner shall be placed on parole except as provided in ss.
7342
appointed by the chair. All matters relating to the granting,
7343
denying, or revoking of parole shall be decided in a meeting at
7344
which the public shall have the right to be present. Victims of
7345
the crime committed by the inmate shall be permitted to make an
7346
oral statement or submit a written statement regarding their
7347
views as to the granting, denying, or revoking of parole. Persons
7348
not members or employees of the commission or victims of the
7349
crime committed by the inmate may be permitted to participate in
7350
deliberations concerning the granting and revoking of paroles
7351
only upon the prior written approval of the chair of the
7352
commission. To facilitate the ability of victims and other
7353
persons to attend commission meetings, the commission shall meet
7354
in counties including, but not limited to, Broward, Dade, Duval,
7355
Escambia, Hillsborough, Leon, Miami-Dade, Orange, and Palm Beach,
7356
with the location chosen being as close as possible to the
7357
location where the parolee or releasee committed the offense for
7358
which the parolee or releasee was sentenced. The commission shall
7359
adopt rules governing the oral participation of victims and the
7360
submission of written statements by victims.
7361
Reviser's note.--Amended to conform to the redesignation of
7362
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7363
Dade County Code.
7364
Section 174. Subsection (7) of section 1001.11, Florida
7365
Statutes, is amended to read:
7366
1001.11 Commissioner of Education; other duties.--
7367
(7) The commissioner shall make prominently available on
7368
the department's website the following: links to the Internet-
7369
based clearinghouse for professional development regarding
7370
physical education which is established under s. 1012.98(4)(d);
7371
the school wellness and physical education policies and other
7372
resources required under s. 1003.453(1) and (2); and other
7373
Internet sites that provide professional development for
7374
elementary teachers of physical education as defined in s.
7375
1003.01(16). These links must provide elementary teachers with
7376
information concerning current physical education and nutrition
7377
philosophy and best practices that result in student
7378
participation in physical activities that promote lifelong
7379
physical and mental well-being.
7380
Reviser's note.--Amended to delete an erroneous reference.
7381
Section 1012.98(4)(d) does not exist.
7382
Section 175. Subsections (5) and (6) of section 1001.215,
7383
Florida Statutes, are amended to read:
7384
1001.215 Just Read, Florida! Office.--There is created in
7385
the Department of Education the Just Read, Florida! Office. The
7386
office shall be fully accountable to the Commissioner of
7387
Education and shall:
7388
(5) Provide technical assistance to school districts in the
7389
development and implementation of district plans for use of the
7390
research-based reading instruction allocation provided in s.
7392
(6) Review, evaluate, and provide technical assistance to
7393
school districts' implementation of the K-12 comprehensive
7395
Reviser's note.--Amended to correct an erroneous reference
7396
and conform to context. The comprehensive reading plan is
7397
required by s. 1011.62(9).
7398
Section 176. Section 1001.395, Florida Statutes, is amended
7399
to read:
7400
1001.395 District school board members; compensation.--Each
7401
member of the district school board shall receive a base salary,
7402
the amounts indicated in this section, based on the population of
7403
the county the district school board member serves. In addition,
7404
compensation shall be made for population increments over the
7405
minimum for each population group, which shall be determined by
7406
multiplying the population in excess of the minimum for the group
7407
times the group rate. The product of such calculation shall be
7408
added to the base salary to determine the adjusted base salary.
7409
The adjusted base salaries of district school board members shall
7410
be increased annually as provided for in s. 145.19.
7411
| Pop. Group | County Pop. Range | Base Salary | Group Rate |
7412
| Minimum | Maximum | |||
| I | -0- | 9,999 | $5,000 | $0.08330 |
7413
| II | 10,000 | 49,999 49,000 | 5,833 | 0.020830 |
7414
| III | 50,000 | 99,999 | 6,666 | 0.016680 |
7415
| IV | 100,000 | 199,999 | 7,500 | 0.008330 |
7416
| V | 200,000 | 399,999 | 8,333 | 0.004165 |
7417
| VI | 400,000 | 999,999 | 9,166 | 0.001390 |
7418
| VII | 1,000,000 | 10,000 | 0.000000 |
7419
7420
District school board member salaries negotiated on or after
7421
November of 2006 shall remain in effect up to the date of the
7422
2007-2008 calculation provided pursuant to s. 145.19.
7423
Reviser's note.--Amended to correct an apparent error.
7424
Section 177. Paragraph (a) of subsection (2) of section
7425
1002.35, Florida Statutes, is amended to read:
7426
1002.35 New World School of the Arts.--
7427
(2)(a) For purposes of governance, the New World School of
7428
the Arts is assigned to Miami Dade Miami-Dade College, the Miami-
7429
Dade County Public Schools Dade County School District, and one
7430
or more universities designated by the State Board of Education.
7431
The State Board of Education, in conjunction with the Board of
7432
Governors, shall assign to the New World School of the Arts a
7433
university partner or partners. In this selection, the State
7434
Board of Education and the Board of Governors shall consider the
7435
accreditation status of the core programs. Florida International
7436
University, in its capacity as the provider of university
7437
services to Miami-Dade Dade County, shall be a partner to serve
7438
the New World School of the Arts, upon meeting the accreditation
7439
criteria. The respective boards shall appoint members to an
7440
executive board for administration of the school. The executive
7441
board may include community members and shall reflect
7442
proportionately the participating institutions. Miami Dade Miami-
7443
Dade College shall serve as fiscal agent for the school.
7444
Reviser's note.--Amended to reflect the current names of
7445
Miami Dade College and the Miami-Dade County Public Schools
7446
and to conform to the redesignation of Dade County as Miami-
7447
Dade County by s. 1-4.2 of the Miami-Dade County Code.
7448
Section 178. Paragraph (c) of subsection (10) of section
7449
1002.39, Florida Statutes, is amended to read:
7450
1002.39 The John M. McKay Scholarships for Students with
7451
Disabilities Program.--There is established a program that is
7452
separate and distinct from the Opportunity Scholarship Program
7453
and is named the John M. McKay Scholarships for Students with
7454
Disabilities Program.
7455
(10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
7456
(c)1. The school district shall report all students who are
7457
attending a private school under this program. The students with
7458
disabilities attending private schools on John M. McKay
7459
Scholarships shall be reported separately from other students
7460
reported for purposes of the Florida Education Finance Program.
7461
2. For program participants who are eligible under
7462
subparagraph (2)(a)2., the school district that is used as the
7463
basis for the calculation of the scholarship amount as provided
7464
in subparagraph (a)3. shall:
7465
a. Report to the department all such students who are
7466
attending a private school under this program.
7467
b. Be held harmless for such students from the weighted
7468
enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
7469
1011.62(1)(d)3.a. during the first school year in which the
7470
students are reported.
7471
Reviser's note.--Amended to correct an erroneous reference
7472
and conform to context. The weighted enrollment ceiling for
7473
group 2 programs is in s. 1011.62(1)(d)3.b.
7474
Section 179. Subsection (4) of section 1002.72, Florida
7475
Statutes, is amended to read:
7476
1002.72 Records of children in the Voluntary
7477
Prekindergarten Education Program.--
7478
(4) This section is subject to the Open Government Sunset
7479
Review Act of 1995 in accordance with s. 119.15 and shall stand
7480
repealed October 2, 2010, unless reviewed and saved from repeal
7481
through reenactment by the Legislature.
7482
Reviser's note.--Amended to conform to the renaming of the
7483
"Open Government Sunset Review Act of 1995" as the "Open
7484
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7485
of Florida.
7486
Section 180. Paragraph (b) of subsection (1) of section
7487
1003.4156, Florida Statutes, is amended to read:
7488
1003.4156 General requirements for middle grades
7489
promotion.--
7490
(1) Beginning with students entering grade 6 in the 2006-
7491
2007 school year, promotion from a school composed of middle
7492
grades 6, 7, and 8 requires that:
7493
(b) For each year in which a student scores at Level l on
7494
FCAT Reading, the student must be enrolled in and complete an
7495
intensive reading course the following year. Placement of Level 2
7496
readers in either an intensive reading course or a content area
7497
course in which reading strategies are delivered shall be
7498
determined by diagnosis of reading needs. The department shall
7499
provide guidance on appropriate strategies for diagnosing and
7500
meeting the varying instructional needs of students reading below
7501
grade level. Reading courses shall be designed and offered
7502
pursuant to the comprehensive reading plan required by s.
7504
Reviser's note.--Amended to correct an erroneous reference
7505
and conform to context. The comprehensive reading plan is
7506
required by s. 1011.62(9).
7507
Section 181. Paragraph (b) of subsection (2) of section
7508
1003.428, Florida Statutes, is amended to read:
7509
1003.428 General requirements for high school graduation;
7510
revised.--
7511
(2) The 24 credits may be earned through applied,
7512
integrated, and combined courses approved by the Department of
7513
Education and shall be distributed as follows:
7514
(b) Eight credits in majors, minors, or electives:
7515
1. Four credits in a major area of interest, such as
7516
sequential courses in a career and technical program, fine and
7517
performing arts, or academic content area, selected by the
7518
student as part of the education plan required by s. 1003.4156.
7519
Students may revise major areas of interest each year as part of
7520
annual course registration processes and should update their
7521
education plan to reflect such revisions. Annually by October 1,
7522
the district school board shall approve major areas of interest
7523
and submit the list of majors to the Commissioner of Education
7524
for approval. Each major area of interest shall be deemed
7525
approved unless specifically rejected by the commissioner within
7526
60 days. Upon approval, each district's major areas of interest
7527
shall be available for use by all school districts and shall be
7528
posted on the department's website.
7529
2. Four credits in elective courses selected by the student
7530
as part of the education plan required by s. 1003.4156. These
7531
credits may be combined to allow for a second major area of
7532
interest pursuant to subparagraph 1., a minor area of interest,
7533
elective courses, or intensive reading or mathematics
7534
intervention courses as described in this subparagraph.
7535
a. Minor areas of interest are composed of three credits
7536
selected by the student as part of the education plan required by
7537
s. 1003.4156 and approved by the district school board.
7538
b. Elective courses are selected by the student in order to
7539
pursue a complete education program as described in s. 1001.41(3)
7540
and to meet eligibility requirements for scholarships.
7541
c. For each year in which a student scores at Level l on
7542
FCAT Reading, the student must be enrolled in and complete an
7543
intensive reading course the following year. Placement of Level 2
7544
readers in either an intensive reading course or a content area
7545
course in which reading strategies are delivered shall be
7546
determined by diagnosis of reading needs. The department shall
7547
provide guidance on appropriate strategies for diagnosing and
7548
meeting the varying instructional needs of students reading below
7549
grade level. Reading courses shall be designed and offered
7550
pursuant to the comprehensive reading plan required by s.
7552
d. For each year in which a student scores at Level 1 or
7553
Level 2 on FCAT Mathematics, the student must receive remediation
7554
the following year. These courses may be taught through applied,
7555
integrated, or combined courses and are subject to approval by
7556
the department for inclusion in the Course Code Directory.
7557
Reviser's note.--Amended to correct an erroneous reference
7558
and conform to context. The comprehensive reading plan is
7559
required by s. 1011.62(9).
7560
Section 182. Paragraph (c) of subsection (8) of section
7561
1004.43, Florida Statutes, is amended to read:
7562
1004.43 H. Lee Moffitt Cancer Center and Research
7563
Institute.--There is established the H. Lee Moffitt Cancer Center
7564
and Research Institute at the University of South Florida.
7565
(8)
7566
(c) Subparagraphs 10. and 12. of paragraph (b) are subject
7567
to the Open Government Sunset Review Act of 1995 in accordance
7568
with s. 119.15 and shall stand repealed on October 2, 2010,
7569
unless reviewed and saved from repeal through reenactment by the
7570
Legislature.
7571
Reviser's note.--Amended to conform to the renaming of the
7572
"Open Government Sunset Review Act of 1995" as the "Open
7573
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7574
of Florida.
7575
Section 183. Subsection (4) of section 1004.4472, Florida
7576
Statutes, is amended to read:
7577
1004.4472 Florida Institute for Human and Machine
7578
Cognition, Inc.; public records exemption; public meetings
7579
exemption.--
7580
(4) This section is subject to the Open Government Sunset
7581
Review Act of 1995 in accordance with s. 119.15 and shall stand
7582
repealed on October 2, 2009, unless reviewed and saved from
7583
repeal through reenactment by the Legislature.
7584
Reviser's note.--Amended to conform to the renaming of the
7585
"Open Government Sunset Review Act of 1995" as the "Open
7586
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7587
of Florida.
7588
Section 184. Paragraph (e) of subsection (1) of section
7589
1004.55, Florida Statutes, is amended to read:
7590
1004.55 Regional autism centers.--
7591
(1) Seven regional autism centers are established to
7592
provide nonresidential resource and training services for persons
7593
of all ages and of all levels of intellectual functioning who
7594
have autism, as defined in s. 393.063; who have a pervasive
7595
developmental disorder that is not otherwise specified; who have
7596
an autistic-like disability; who have a dual sensory impairment;
7597
or who have a sensory impairment with other handicapping
7598
conditions. Each center shall be operationally and fiscally
7599
independent and shall provide services within its geographical
7600
region of the state. Service delivery shall be consistent for all
7601
centers. Each center shall coordinate services within and between
7602
state and local agencies and school districts but may not
7603
duplicate services provided by those agencies or school
7604
districts. The respective locations and service areas of the
7605
centers are:
7606
(e) The Mailman Center for Child Development and the
7607
Department of Psychology at the University of Miami, which serves
7608
Broward, Miami-Dade Dade, and Monroe Counties.
7609
Reviser's note.--Amended to conform to the redesignation of
7610
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7611
Dade County Code.
7612
Section 185. Subsection (2) of section 1004.76, Florida
7613
Statutes, is amended to read:
7614
1004.76 Florida Martin Luther King, Jr., Institute for
7615
Nonviolence.--
7616
(2) There is hereby created the Florida Martin Luther King,
7617
Jr., Institute for Nonviolence to be established at Miami Dade
7618
Miami-Dade Community College. The institute shall have an
7619
advisory board consisting of 13 members as follows: the Attorney
7620
General, the Commissioner of Education, and 11 members to be
7621
appointed by the Governor, such members to represent the
7622
population of the state based on its ethnic, gender, and
7623
socioeconomic diversity. Of the members appointed by the
7624
Governor, one shall be a member of the Senate appointed by the
7625
Governor on the recommendation of the President of the Senate;
7626
one shall be a member of the Senate appointed by the Governor on
7627
the recommendation of the minority leader; one shall be a member
7628
of the House of Representatives appointed by the Governor on the
7629
recommendation of the Speaker of the House of Representatives;
7630
one shall be a member of the House of Representatives appointed
7631
by the Governor on the recommendation of the minority leader; and
7632
seven shall be members appointed by the Governor, no more than
7633
three of whom shall be members of the same political party. The
7634
following groups shall be represented by the seven members: the
7635
Florida Sheriffs Association; the Florida Association of
7636
Counties; the Florida League of Cities; state universities human
7637
services agencies; community relations or human relations
7638
councils; and youth. A chairperson shall be elected by the
7639
members and shall serve for a term of 3 years. Members of the
7640
board shall serve the following terms of office which shall be
7641
staggered:
7642
(a) A member of the Legislature appointed to the board
7643
shall serve for a single term not to exceed 5 years and shall
7644
serve as a member only while he or she is a member of the
7645
Legislature.
7646
(b) Of the seven members who are not members of the
7647
Legislature, three shall serve for terms of 4 years, two shall
7648
serve for terms of 3 years, and one shall serve for a term of 1
7649
year. Thereafter, each member, except for a member appointed to
7650
fill an unexpired term, shall serve for a 5-year term. No member
7651
shall serve on the board for more than 10 years.
7652
7653
In the event of a vacancy occurring in the office of a member of
7654
the board by death, resignation, or otherwise, the Governor shall
7655
appoint a successor to serve for the balance of the unexpired
7656
term.
7657
Reviser's note.--Amended to conform to the redesignation of
7658
Miami-Dade Community College as Miami Dade College due to
7659
new baccalaureate degrees offered.
7660
Section 186. Paragraph (b) of subsection (6) of section
7661
1005.38, Florida Statutes, is amended to read:
7662
1005.38 Actions against a licensee and other penalties.--
7663
(6) The commission may conduct disciplinary proceedings
7664
through an investigation of any suspected violation of this
7665
chapter or any rule of the commission, including a finding of
7666
probable cause and making reports to any law enforcement agency
7667
or regulatory agency.
7668
(b)1. All investigatory records held by the commission in
7669
conjunction with an investigation conducted pursuant to this
7670
subsection, including minutes and findings of an exempt probable
7671
cause panel meeting convened in conjunction with such
7672
investigation, are exempt from s. 119.07(1) and s. 24(a), Art. I
7673
of the State Constitution for a period not to exceed 10 days
7674
after the panel makes a determination regarding probable cause.
7675
2. Those portions of meetings of the probable cause panel
7676
at which records made exempt pursuant to subparagraph 1. are
7677
discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
7678
State Constitution.
7679
3. This paragraph is subject to the Open Government Sunset
7680
Review Act of 1995 in accordance with s. 119.15 and shall stand
7681
repealed on October 2, 2010, unless reviewed and saved from
7682
repeal through reenactment by the Legislature.
7683
Reviser's note.--Amended to conform to the renaming of the
7684
"Open Government Sunset Review Act of 1995" as the "Open
7685
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7686
of Florida.
7687
Section 187. Paragraph (b) of subsection (4) of section
7688
1008.25, Florida Statutes, is amended to read:
7689
1008.25 Public school student progression; remedial
7690
instruction; reporting requirements.--
7691
(4) ASSESSMENT AND REMEDIATION.--
7692
(b) The school in which the student is enrolled must
7693
develop, in consultation with the student's parent, and must
7694
implement a progress monitoring plan. A progress monitoring plan
7695
is intended to provide the school district and the school
7696
flexibility in meeting the academic needs of the student and to
7697
reduce paperwork. A student who is not meeting the school
7698
district or state requirements for proficiency in reading and
7699
math shall be covered by one of the following plans to target
7700
instruction and identify ways to improve his or her academic
7701
achievement:
7702
1. A federally required student plan such as an individual
7703
education plan;
7704
2. A schoolwide system of progress monitoring for all
7705
students; or
7706
3. An individualized progress monitoring plan.
7707
7708
The plan chosen must be designed to assist the student or the
7709
school in meeting state and district expectations for
7710
proficiency. If the student has been identified as having a
7711
deficiency in reading, the K-12 comprehensive reading plan
7713
and support services to be provided to meet the desired levels of
7714
performance. District school boards may require low-performing
7715
students to attend remediation programs held before or after
7716
regular school hours or during the summer if transportation is
7717
provided.
7718
Reviser's note.--Amended to correct an erroneous reference
7719
and conform to context. The comprehensive reading plan is
7720
required by s. 1011.62(9).
7721
Section 188. Subsection (5) of section 1008.345, Florida
7722
Statutes, is amended to read:
7723
1008.345 Implementation of state system of school
7724
improvement and education accountability.--
7725
(5) The commissioner shall report to the Legislature and
7726
recommend changes in state policy necessary to foster school
7727
improvement and education accountability. Included in the report
7728
shall be a list of the schools, including schools operating for
7729
the purpose of providing educational services to youth in
7730
Department of Juvenile Justice programs, for which district
7731
school boards have developed assistance and intervention plans
7732
and an analysis of the various strategies used by the school
7733
boards. School reports shall be distributed pursuant to this
7735
rules adopted by the State Board of Education.
7736
Reviser's note.--Amended to correct an erroneous reference
7737
and conform to context. The cite should be to s.
7739
(16).
7740
Section 189. Subsection (3) of section 1009.01, Florida
7741
Statutes, is amended to read:
7742
1009.01 Definitions.--The term:
7743
(3) "Tuition differential" means the supplemental fee
7744
charged to a student for instruction provided by a public
7746
Reviser's note.--Amended to correct an erroneous reference
7747
and conform to context. Tuition differential is covered in
7748
s. 1009.24(16).
7749
Section 190. Paragraph (f) of subsection (13) of section
7750
1009.24, Florida Statutes, as amended by section 5 of chapter
7751
2007-329, Laws of Florida, is amended to read:
7752
1009.24 State university student fees.--
7753
(13) Each university board of trustees is authorized to
7754
establish the following fees:
7755
(f) A fee for miscellaneous health-related charges for
7756
services provided at cost by the university health center which
7757
are not covered by the health fee set under subsection (11) (10).
7758
Reviser's note.--Amended to conform to the addition of a new
7759
subsection (3) by s. 133, ch. 2007-217, Laws of Florida, and
7760
the redesignation of subsequent subsections by that
7761
provision.
7762
Section 191. Paragraph (b) of subsection (2) of section
7763
1009.98, Florida Statutes, is amended to read:
7764
1009.98 Stanley G. Tate Florida Prepaid College Program.--
7765
(2) PREPAID COLLEGE PLANS.--At a minimum, the board shall
7766
make advance payment contracts available for two independent
7767
plans to be known as the community college plan and the
7768
university plan. The board may also make advance payment
7769
contracts available for a dormitory residence plan. The board may
7770
restrict the number of participants in the community college
7771
plan, university plan, and dormitory residence plan,
7772
respectively. However, any person denied participation solely on
7773
the basis of such restriction shall be granted priority for
7774
participation during the succeeding year.
7775
(b)1. Through the university plan, the advance payment
7776
contract shall provide prepaid registration fees for a specified
7777
number of undergraduate semester credit hours not to exceed the
7778
average number of hours required for the conference of a
7779
baccalaureate degree. Qualified beneficiaries shall bear the cost
7780
of any laboratory fees associated with enrollment in specific
7781
courses. Each qualified beneficiary shall be classified as a
7782
resident for tuition purposes pursuant to s. 1009.21, regardless
7783
of his or her actual legal residence.
7784
2. Effective July 1, 1998, the board may provide advance
7785
payment contracts for additional fees delineated in s.
7787
undergraduate semester credit hours not to exceed the average
7788
number of hours required for the conference of a baccalaureate
7789
degree, in conjunction with advance payment contracts for
7790
registration fees. Such contracts shall provide prepaid coverage
7791
for the sum of such fees, to a maximum of 45 percent of the cost
7792
of registration fees. University plan contracts purchased prior
7793
to July 1, 1998, shall be limited to the payment of registration
7794
fees as defined in s. 1009.97.
7795
3. Effective July 1, 2007, the board may provide advance
7796
payment contracts for the tuition differential authorized in s.
7798
semester credit hours, which may not exceed the average number of
7799
hours required for the conference of a baccalaureate degree, in
7800
conjunction with advance payment contracts for registration fees.
7801
Reviser's note.--Amended to conform to the redesignation of
7802
subunits within s. 1009.24 by s. 133, ch. 2007-217, Laws of
7803
Florida. Paragraph (2)(b) was also amended to correct an
7804
erroneous reference and conform to context. Tuition
7805
differential is covered in s. 1009.24(16).
7806
Section 192. Subsection (5) of section 1011.48, Florida
7807
Statutes, is amended to read:
7808
1011.48 Establishment of educational research centers for
7809
child development.--
7810
(5) Each educational research center for child development
7811
shall be funded by a portion of the Capital Improvement Trust
7812
Fund fee established by the Board of Governors pursuant to s.
7814
shall receive a portion of such fees collected from the students
7815
enrolled at that university, usable only at that university,
7816
equal to 22.5 cents per student per credit hour taken per term,
7817
based on the summer term and fall and spring semesters. This
7818
allocation shall be used by the university only for the
7819
establishment and operation of a center as provided by this
7820
section and rules adopted hereunder. Said allocation may be made
7821
only after all bond obligations required to be paid from such
7822
fees have been met.
7823
Reviser's note.--Amended to conform to the redesignation of
7824
subunits within s. 1009.24 by s. 133, ch. 2007-217, Laws of
7825
Florida.
7826
Section 193. Paragraph (c) of subsection (2) of section
7827
1012.61, Florida Statutes, is amended to read:
7828
1012.61 Sick leave.--
7829
(2) PROVISIONS GOVERNING SICK LEAVE.--The following
7830
provisions shall govern sick leave:
7831
(c) Compensation.--Any employee having unused sick leave
7832
credit shall receive full-time compensation for the time
7833
justifiably absent on sick leave, but no compensation may be
7834
allowed beyond that which may be provided in subparagraph (2)(a)4
7835
subsection (4).
7836
Reviser's note.--Amended to correct an erroneous reference
7837
and conform to context. The cited subsection does not exist.
7838
Subparagraph (2)(a)4. relates to compensation for terminal
7839
pay for accumulated sick leave.
7840
Section 194. Section 1012.875, Florida Statutes, is amended
7841
to read:
7842
1012.875 State Community College System Optional Retirement
7843
Program.--Each community college may implement an optional
7844
retirement program, if such program is established therefor
7845
pursuant to s. 1001.64(20), under which annuity or other
7846
contracts providing retirement and death benefits may be
7847
purchased by, and on behalf of, eligible employees who
7848
participate in the program, in accordance with s. 403(b) of the
7849
Internal Revenue Code. Except as otherwise provided herein, this
7850
retirement program, which shall be known as the State Community
7851
College System Optional Retirement Program, may be implemented
7852
and administered only by an individual community college or by a
7853
consortium of community colleges.
7854
(1) As used in this section, the term:
7855
(a) "Activation" means the date upon which an optional
7856
retirement program is first made available by the program
7857
administrator to eligible employees.
7858
(b) "College" means community colleges as defined in s.
7859
7860
(c) "Department" means the Department of Management
7861
Services.
7862
(d) "Program administrator" means the individual college or
7863
consortium of colleges responsible for implementing and
7864
administering an optional retirement program.
7865
(e) "Program participant" means an eligible employee who
7866
has elected to participate in an available optional retirement
7867
program as authorized by this section.
7868
(2) Participation in the optional retirement program
7869
provided by this section is limited to employees who satisfy the
7870
criteria set forth in s. 121.051(2)(c).
7871
(3)(a) With respect to any employee who is eligible to
7872
participate in the optional retirement program by reason of
7873
qualifying employment commencing before the program's activation:
7874
1. The employee may elect to participate in the optional
7875
retirement program in lieu of participation in the Florida
7876
Retirement System. To become a program participant, the employee
7877
must file with the personnel officer of the college, within 90
7878
days after the program's activation, a written election on a form
7879
provided by the Florida Retirement System and a completed
7880
application for an individual contract or certificate.
7881
2. An employee's participation in the optional retirement
7882
program commences on the first day of the next full calendar
7883
month following the filing of the election and completed
7884
application with the program administrator and receipt of such
7885
election by the department. An employee's membership in the
7886
Florida Retirement System terminates on this same date.
7887
3. Any such employee who fails to make an election to
7888
participate in the optional retirement program within 60 days
7889
after its activation has elected to retain membership in the
7890
Florida Retirement System.
7891
(b) With respect to any employee who becomes eligible to
7892
participate in an optional retirement program by reason of
7893
qualifying employment commencing on or after the program's
7894
activation:
7895
1. The employee may elect to participate in the optional
7896
retirement program in lieu of participation in the Florida
7897
Retirement System. To become a program participant, the employee
7898
must file with the personnel officer of the college, within 90
7899
days after commencing qualifying employment as provided in s.
7900
121.051(2)(c)4., a written election on a form provided by the
7901
Florida Retirement System and a completed application for an
7902
individual contract or certificate.
7903
2. An employee's participation in the optional retirement
7904
program commences retroactive to the first day of qualifying
7905
employment following the filing of the election and completed
7906
application with the program administrator and receipt of such
7907
election by the department. An employee's membership in the
7908
Florida Retirement System terminates on this same date.
7909
3. Any such employee who fails to make an election to
7910
participate in the optional retirement program within 90 days
7911
after commencing qualifying employment has elected to retain
7912
membership in the Florida Retirement System.
7913
(c) Any employee who, on or after an optional retirement
7914
program's activation, becomes eligible to participate in the
7915
program by reason of a change in status due to the subsequent
7916
designation of the employee's position as one of those referenced
7917
in subsection (2), or due to the employee's appointment,
7918
promotion, transfer, or reclassification to a position referenced
7919
in subsection (2), must be notified by the college of the
7920
employee's eligibility to participate in the optional retirement
7921
program in lieu of participation in the Florida Retirement
7922
System. These eligible employees are subject to the provisions of
7923
paragraph (b) and may elect to participate in the optional
7924
retirement program in the same manner as those employees
7925
described in paragraph (b), except that the 90-day election
7926
period commences upon the date notice of eligibility is received
7927
by the employee and participation in the program begins the first
7928
day of the first full calendar month that the change in status
7929
becomes effective.
7930
(d) Program participants must be fully and immediately
7931
vested in the optional retirement program upon issuance of an
7932
optional retirement program contract.
7933
(e) The election by an eligible employee to participate in
7934
the optional retirement program is irrevocable for so long as the
7935
employee continues to meet the eligibility requirements set forth
7936
in this section and in s. 121.051(2)(c), except as provided in
7937
paragraph (i) or as provided in s. 121.051(2)(c)3.
7938
(f) If a program participant becomes ineligible to continue
7939
participating in the optional retirement program pursuant to the
7940
criteria referenced in subsection (2), the employee becomes a
7941
member of the Florida Retirement System if eligible. The college
7942
must notify the department of an employee's change in eligibility
7943
status within 30 days after the event that makes the employee
7944
ineligible to continue participation in the optional retirement
7945
program.
7946
(g) An eligible employee who is a member of the Florida
7947
Retirement System at the time of election to participate in the
7948
optional retirement program retains all retirement service credit
7949
earned under the Florida Retirement System at the rate earned.
7950
Additional service credit in the Florida Retirement System may
7951
not be earned while the employee participates in the optional
7952
retirement program, nor is the employee eligible for disability
7953
retirement under the Florida Retirement System. An eligible
7954
employee may transfer from the Florida Retirement System to his
7955
or her accounts under the State Community College System Optional
7956
Retirement Program a sum representing the present value of his or
7957
her service credit accrued under the defined benefit program of
7958
the Florida Retirement System for the period between his or her
7959
first eligible transfer date from the defined benefit plan to the
7960
optional retirement program and the actual date of such transfer
7961
as provided in s. 121.051(2)(c)7. Upon such transfer, all such
7962
service credit previously earned under the defined benefit
7963
program of the Florida Retirement System during this period shall
7964
be nullified for purposes of entitlement to a future benefit
7965
under the defined benefit program of the Florida Retirement
7966
System.
7967
(h) A program participant may not simultaneously
7968
participate in any other state-administered retirement system,
7969
plan, or class.
7970
(i) Except as provided in s. 121.052(6)(d), a program
7971
participant who is or who becomes dually employed in two or more
7972
positions covered by the Florida Retirement System, one of which
7973
is eligible for an optional retirement program pursuant to this
7974
section and one of which is not, is subject to the dual
7975
employment provisions of chapter 121.
7976
(4)(a) Each college must contribute on behalf of each
7977
program participant an amount equal to 10.43 percent of the
7978
participant's gross monthly compensation. The college shall
7979
deduct an amount approved by the district board of trustees of
7980
the college to provide for the administration of the optional
7981
retirement program. Payment of this contribution must be made
7982
either directly by the college or through the program
7983
administrator to the designated company contracting for payment
7984
of benefits to the program participant.
7985
(b) Each college must contribute on behalf of each program
7986
participant an amount equal to the unfunded actuarial accrued
7987
liability portion of the employer contribution which would be
7988
required if the program participant were a member of the Regular
7989
Class of the Florida Retirement System. Payment of this
7990
contribution must be made directly by the college to the
7991
department for deposit in the Florida Retirement System Trust
7992
Fund.
7993
(c) Each program participant who has been issued an
7994
optional retirement program contract may contribute by way of
7995
salary reduction or deduction a percentage of the program
7996
participant's gross compensation, but this percentage may not
7997
exceed the corresponding percentage contributed by the community
7998
college to the optional retirement program. Payment of this
7999
contribution may be made either directly by the college or
8000
through the program administrator to the designated company
8001
contracting for payment of benefits to the program participant.
8002
(d) Contributions to an optional retirement program by a
8003
college or a program participant are in addition to, and have no
8004
effect upon, contributions required now or in future by the
8005
federal Social Security Act.
8006
(e) The college may accept for deposit into participant
8007
account or accounts contributions in the form of rollovers or
8008
direct trustee-to-trustee transfers by or on behalf of
8009
participants who are reasonably determined by the college to be
8010
eligible for rollover or transfer to the optional retirement
8011
program pursuant to the Internal Revenue Code, if such
8012
contributions are made in accordance with the applicable
8013
requirements of the college. Accounting for such contributions
8014
shall be in accordance with any applicable requirements of the
8015
Internal Revenue Code and the college.
8016
(5)(a) The benefits to be provided to program participants
8017
must be provided through contracts, including individual
8018
contracts or individual certificates issued for group annuity or
8019
other contracts, which may be fixed, variable, or both, in
8020
accordance with s. 403(b) of the Internal Revenue Code. Each
8021
individual contract or certificate must state the type of
8022
contract on its face page, and must include at least a statement
8023
of ownership, the contract benefits, distribution options,
8024
limitations, expense charges, and surrender charges, if any.
8025
(b) Benefits are payable under the optional retirement
8026
program to program participants or their beneficiaries, and the
8027
benefits must be paid only by the designated company in
8028
accordance with the terms of the contracts applicable to the
8029
program participant. Benefits shall accrue in individual accounts
8030
that are participant-directed, portable, and funded by employer
8031
contributions and the earnings thereon. Benefits funded by
8032
employer contributions are payable in accordance with the
8033
following terms and conditions:
8034
1. Benefits shall be payable only to a participant, to his
8035
or her beneficiaries, or to his or her estate, as designated by
8036
the participant.
8037
2. Benefits shall be paid by the provider company or
8038
companies in accordance with the law, the provisions of the
8039
contract, and any applicable employer rule or policy.
8040
3. In the event of a participant's death, moneys
8041
accumulated by, or on behalf of, the participant, less
8042
withholding taxes remitted to the Internal Revenue Service, if
8043
any, shall be distributed to the participant's designated
8044
beneficiary or beneficiaries, or to the participant's estate, as
8045
if the participant retired on the date of death as provided in
8046
paragraph (d). No other death benefits shall be available for
8047
survivors of participants under the optional retirement program
8048
except for such benefits, or coverage for such benefits, as are
8049
separately afforded by the employer at the employer's discretion.
8050
(c) Upon receipt by the provider company of a properly
8051
executed application for distribution of benefits, the total
8052
accumulated benefits shall be payable to the participant as:
8053
1. A lump-sum distribution to the participant;
8054
2. A lump-sum direct rollover distribution whereby all
8055
accrued benefits, plus interest and investment earnings, are paid
8056
from the participant's account directly to an eligible retirement
8057
plan as defined in s. 402(c)(8)(B) of the Internal Revenue Code,
8058
on behalf of the participant;
8059
3. Periodic distributions;
8060
4. A partial lump-sum payment whereby a portion of the
8061
accrued benefit is paid to the participant and the remaining
8062
amount is transferred to an eligible retirement plan, as defined
8063
in s. 402(c)(8)(B) of the Internal Revenue Code, on behalf of the
8064
participant; or
8065
5. Such other distribution options as are provided for in
8066
the participant's optional retirement program contract.
8067
(d) Survivor benefits shall be payable as:
8068
1. A lump-sum distribution payable to the beneficiaries or
8069
to the deceased participant's estate;
8070
2. An eligible rollover distribution on behalf of the
8071
surviving spouse or beneficiary of a deceased participant whereby
8072
all accrued benefits, plus interest and investment earnings, are
8073
paid from the deceased participant's account directly to an
8074
eligible retirement plan, as described in s. 402(c)(8)(B) of the
8075
Internal Revenue Code, on behalf of the surviving spouse;
8076
3. Such other distribution options as are provided for in
8077
the participant's optional retirement program contract; or
8078
4. A partial lump-sum payment whereby a portion of the
8079
accrued benefits are paid to the deceased participant's surviving
8080
spouse or other designated beneficiaries, less withholding taxes
8081
remitted to the Internal Revenue Service, if any, and the
8082
remaining amount is transferred directly to an eligible
8083
retirement plan, as described in s. 402(c)(8)(B) of the Internal
8084
Revenue Code, on behalf of the surviving spouse. The proportions
8085
must be specified by the participant or the surviving
8086
beneficiary.
8087
8088
Nothing in this paragraph abrogates other applicable provisions
8089
of state or federal law providing payment of death benefits.
8090
(e) The benefits payable to any person under the optional
8091
retirement program, and any contribution accumulated under the
8092
program, are not subject to assignment, execution, attachment, or
8093
to any legal process whatsoever.
8094
(6)(a) The optional retirement program authorized by this
8095
section must be implemented and administered by the program
8096
administrator under s. 403(b) of the Internal Revenue Code. The
8097
program administrator has the express authority to contract with
8098
a third party to fulfill any of the program administrator's
8099
duties.
8100
(b) The program administrator shall solicit competitive
8101
bids or issue a request for proposal and select no more than four
8102
companies from which optional retirement program contracts may be
8103
purchased under the optional retirement program. In making these
8104
selections, the program administrator shall consider the
8105
following factors:
8106
1. The financial soundness of the company.
8107
2. The extent of the company's experience in providing
8108
annuity or other contracts to fund retirement programs.
8109
3. The nature and extent of the rights and benefits
8110
provided to program participants in relation to the premiums
8111
paid.
8112
4. The suitability of the rights and benefits provided to
8113
the needs of eligible employees and the interests of the college
8114
in the recruitment and retention of employees.
8115
8116
In lieu of soliciting competitive bids or issuing a request for
8117
proposals, the program administrator may authorize the purchase
8118
of annuity contracts under the optional retirement program from
8119
those companies currently selected by the department to offer
8120
such contracts through the State University System Optional
8121
Retirement Program, as set forth in s. 121.35.
8122
(c) Optional retirement program annuity contracts must be
8123
approved in form and content by the program administrator in
8124
order to qualify. The program administrator may use the same
8125
annuity contracts currently used within the State University
8126
System Optional Retirement Program, as set forth in s. 121.35.
8127
(d) The provision of each annuity contract applicable to a
8128
program participant must be contained in a written program
8129
description that includes a report of pertinent financial and
8130
actuarial information on the solvency and actuarial soundness of
8131
the program and the benefits applicable to the program
8132
participant. The company must furnish the description annually to
8133
the program administrator, and to each program participant upon
8134
commencement of participation in the program and annually
8135
thereafter.
8136
(e) The program administrator must ensure that each program
8137
participant is provided annually with an accounting of the total
8138
contributions and the annual contributions made by and on the
8139
behalf of the program participant.
8140
Reviser's note.--Amended to conform to the complete title of
8141
the State Community College System Optional Retirement
8142
Program as referenced in the section.
8143
Section 195. Subsection (1) of section 1013.73, Florida
8144
Statutes, is amended to read:
8145
1013.73 Effort index grants for school district
8146
facilities.--
8147
(1) The Legislature hereby allocates for effort index
8148
grants the sum of $300 million from the funds appropriated from
8149
the Educational Enhancement Trust Fund by s. 46, chapter 97-384,
8150
Laws of Florida, contingent upon the sale of school capital
8151
outlay bonds. From these funds, the Commissioner of Education
8152
shall allocate to the four school districts deemed eligible for
8153
an effort index grant by the SMART Schools Clearinghouse the sums
8154
of $7,442,890 to the Clay County School District, $62,755,920 to
8155
the Miami-Dade County Public Schools Dade County School District,
8156
$1,628,590 to the Hendry County School District, and $414,950 to
8157
the Madison County School District. The remaining funds shall be
8158
allocated among the remaining district school boards that qualify
8159
for an effort index grant by meeting the local capital outlay
8160
effort criteria in paragraph (a) or paragraph (b).
8161
(a) Between July 1, 1995, and June 30, 1999, the school
8162
district received direct proceeds from the one-half-cent sales
8163
surtax for public school capital outlay authorized by s.
8164
212.055(6) or from the local government infrastructure sales
8165
surtax authorized by s. 212.055(2).
8166
(b) The school district met two of the following criteria:
8167
1. Levied the full 2 mills of nonvoted discretionary
8168
capital outlay authorized by s. 1011.71(2) during 1995-1996,
8169
1996-1997, 1997-1998, and 1998-1999.
8170
2. Levied a cumulative voted millage for capital outlay and
8171
debt service equal to 2.5 mills for fiscal years 1995 through
8172
1999.
8173
3. Received proceeds of school impact fees greater than
8174
$500 per dwelling unit which were in effect on July 1, 1998.
8175
4. Received direct proceeds from either the one-half-cent
8176
sales surtax for public school capital outlay authorized by s.
8177
212.055(6) or from the local government infrastructure sales
8178
surtax authorized by s. 212.055(2).
8179
Reviser's note.--Amended to conform to the current name of
8180
the school district and the redesignation of Dade County as
8181
Miami-Dade County by s. 1-4.2 of the Miami-Dade County Code.
8182
Section 196. This act shall take effect on the 60th day
8183
after adjournment sine die of the session of the Legislature in
8184
which enacted.
CODING: Words stricken are deletions; words underlined are additions.