ENROLLED
2008 LegislatureCS for SB 1678
20081678er
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An act relating to the Florida Statutes; amending ss.
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deleting provisions that have expired, have become
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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purpose, or have been impliedly repealed or superseded;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:
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(A) The duties and responsibilities of the position include
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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 (4) of section 337.0261, Florida
2619
Statutes, is amended to read:
2620
337.0261 Construction aggregate materials.--
2621
(4) EXPEDITED PERMITTING.--Due to the state's critical
2622
infrastructure needs and the potential shortfall in available
2623
construction aggregate materials, limerock environmental resource
2624
permitting and reclamation applications filed after March 1,
2625
2007, are eligible for the expedited permitting processes
2626
contained in s. 403.973. Challenges to state agency action in the
2627
expedited permitting process for establishment of a limerock mine
2628
in this state under s. 403.973 are subject to the same
2629
requirements as challenges brought under s. 403.973(14)(a)
2631
proceedings must be conducted within 30 days after a party files
2632
the motion for summary hearing, regardless of whether the parties
2633
agree to the summary proceeding.
2634
Reviser's note.--Amended to conform to the repeal of s.
2635
403.973(4) by s. 23, ch. 2007-105, Laws of Florida.
2636
Section 68. Section 338.165, Florida Statutes, is reenacted
2637
to read:
2638
338.165 Continuation of tolls.--
2639
(1) The department, any transportation or expressway
2640
authority or, in the absence of an authority, a county or
2641
counties may continue to collect the toll on a revenue-producing
2642
project after the discharge of any bond indebtedness related to
2643
such project and may increase such toll. All tolls so collected
2644
shall first be used to pay the annual cost of the operation,
2645
maintenance, and improvement of the toll project.
2646
(2) If the revenue-producing project is on the State
2647
Highway System, any remaining toll revenue shall be used for the
2648
construction, maintenance, or improvement of any road on the
2649
State Highway System within the county or counties in which the
2650
revenue-producing project is located, except as provided in s.
2651
2652
(3) Notwithstanding any other provision of law, the
2653
department, including the turnpike enterprise, shall index toll
2654
rates on existing toll facilities to the annual Consumer Price
2655
Index or similar inflation indicators. Toll rate adjustments for
2656
inflation under this subsection may be made no more frequently
2657
than once a year and must be made no less frequently than once
2658
every 5 years as necessary to accommodate cash toll rate
2659
schedules. Toll rates may be increased beyond these limits as
2660
directed by bond documents, covenants, or governing body
2661
authorization or pursuant to department administrative rule.
2662
(4) Notwithstanding any other law to the contrary, pursuant
2663
to s. 11, Art. VII of the State Constitution, and subject to the
2664
requirements of subsection (2), the Department of Transportation
2665
may request the Division of Bond Finance to issue bonds secured
2666
by toll revenues collected on the Alligator Alley, the Sunshine
2667
Skyway Bridge, the Beeline-East Expressway, the Navarre Bridge,
2668
and the Pinellas Bayway to fund transportation projects located
2669
within the county or counties in which the project is located and
2670
contained in the adopted work program of the department.
2671
(5) If the revenue-producing project is on the county road
2672
system, any remaining toll revenue shall be used for the
2673
construction, maintenance, or improvement of any other state or
2674
county road within the county or counties in which the revenue-
2675
producing project is located, except as provided in s. 348.0004.
2676
(6) Selection of projects on the State Highway System for
2677
construction, maintenance, or improvement with toll revenues
2678
shall be, with the concurrence of the department, consistent with
2679
the Florida Transportation Plan.
2680
(7) Notwithstanding the provisions of subsection (1), and
2681
not including high occupancy toll lanes or express lanes, no
2682
tolls may be charged for use of an interstate highway where tolls
2683
were not charged as of July 1, 1997.
2684
(8) With the exception of subsection (3), this section does
2685
not apply to the turnpike system as defined under the Florida
2686
Turnpike Enterprise Law.
2687
Reviser's note.--Section 51, ch. 2007-196, Laws of Florida,
2688
amended s. 338.165 without publishing existing subsection
2689
(6) and amended existing subsection (7) with coding
2690
indicating the material is newly numbered by that law as
2691
subsection (7) and with uncoded language at the beginning of
2692
the subsection reading "[w]ith the exception of subsection
2693
(3)." To conform to renumbering of subsections by s. 51, ch.
2694
2007-196, and absent affirmative evidence of legislative
2695
intent to repeal existing subsection (6), redesignated as
2696
subsection (7) to conform to the addition of a new
2697
subsection (3) by s. 51, ch. 2007-196, the section is
2698
reenacted.
2699
Section 69. Subsection (4) of section 338.231, Florida
2700
Statutes, is amended to read:
2701
338.231 Turnpike tolls, fixing; pledge of tolls and other
2702
revenues.--The department shall at all times fix, adjust, charge,
2703
and collect such tolls for the use of the turnpike system as are
2704
required in order to provide a fund sufficient with other
2705
revenues of the turnpike system to pay the cost of maintaining,
2706
improving, repairing, and operating such turnpike system; to pay
2707
the principal of and interest on all bonds issued to finance or
2708
refinance any portion of the turnpike system as the same become
2709
due and payable; and to create reserves for all such purposes.
2710
(4) For the period July 1, 1998, through June 30, 2017, the
2711
department shall, to the maximum extent feasible, program
2712
sufficient funds in the tentative work program such that the
2713
percentage of turnpike toll and bond financed commitments in
2714
Miami-Dade Dade County, Broward County, and Palm Beach County as
2715
compared to total turnpike toll and bond financed commitments
2716
shall be at least 90 percent of the share of net toll collections
2717
attributable to users of the turnpike system in Miami-Dade Dade
2718
County, Broward County, and Palm Beach County as compared to
2719
total net toll collections attributable to users of the turnpike
2720
system. The requirements of this subsection do not apply when the
2721
application of such requirements would violate any covenant
2722
established in a resolution or trust indenture relating to the
2723
issuance of turnpike bonds.
2724
Reviser's note.--Amended to conform to the redesignation of
2725
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2726
Dade County Code.
2727
Section 70. Paragraph (a) of subsection (3) of section
2728
339.175, Florida Statutes, is amended to read:
2729
339.175 Metropolitan planning organization.--
2730
(3) VOTING MEMBERSHIP.--
2731
(a) The voting membership of an M.P.O. shall consist of not
2732
fewer than 5 or more than 19 apportioned members, the exact
2733
number to be determined on an equitable geographic-population
2734
ratio basis by the Governor, based on an agreement among the
2735
affected units of general-purpose local government as required by
2736
federal rules and regulations. The Governor, in accordance with
2737
23 U.S.C. s. 134, may also provide for M.P.O. members who
2738
represent municipalities to alternate with representatives from
2739
other municipalities within the metropolitan planning area that
2740
do not have members on the M.P.O. County commission members shall
2741
compose not less than one-third of the M.P.O. membership, except
2742
for an M.P.O. with more than 15 members located in a county with
2743
a 5-member county commission or an M.P.O. with 19 members located
2744
in a county with no more than 6 county commissioners, in which
2745
case county commission members may compose less than one-third
2746
percent of the M.P.O. membership, but all county commissioners
2747
must be members. All voting members shall be elected officials of
2748
general-purpose local governments, except that an M.P.O. may
2749
include, as part of its apportioned voting members, a member of a
2750
statutorily authorized planning board, an official of an agency
2751
that operates or administers a major mode of transportation, or
2752
an official of Space Florida the Florida Space Authority. As used
2753
in this section, the term "elected officials of a general-purpose
2754
local government" shall exclude constitutional officers,
2755
including sheriffs, tax collectors, supervisors of elections,
2756
property appraisers, clerks of the court, and similar types of
2757
officials. County commissioners shall compose not less than 20
2758
percent of the M.P.O. membership if an official of an agency that
2759
operates or administers a major mode of transportation has been
2760
appointed to an M.P.O.
2761
Reviser's note.--Amended to conform to the amendment to s.
2762
331.302 by s. 3, ch. 2006-60, Laws of Florida, which
2763
replaced the Florida Space Authority with Space Florida.
2764
Section 71. Paragraph (a) of subsection (11) of section
2765
343.92, Florida Statutes, is amended to read:
2766
343.92 Tampa Bay Area Regional Transportation Authority.--
2767
(11)(a) The authority shall establish a Transit Management
2768
Committee comprised of the executive directors or general
2769
managers, or their designees, of each of the existing transit
2770
providers and Tampa bay area commuter services.
2771
Reviser's note.--Amended to confirm the editorial deletion
2772
of the word "Tampa" preceding the word "bay" to conform to
2773
context.
2774
Section 72. Paragraph (l) of subsection (2) of section
2775
348.243, Florida Statutes, is repealed.
2776
Reviser's note.--The cited paragraph, which relates to an
2777
agreement to sell, transfer, and dispose of all property of
2778
the Sawgrass Expressway to the Department of Transportation
2779
as part of the Turnpike System, has served its purpose.
2780
Section 73. Subsection (14) of section 364.02, Florida
2781
Statutes, is amended to read:
2782
364.02 Definitions.--As used in this chapter:
2783
(14) "Telecommunications company" includes every
2784
corporation, partnership, and person and their lessees, trustees,
2785
or receivers appointed by any court whatsoever, and every
2786
political subdivision in the state, offering two-way
2787
telecommunications service to the public for hire within this
2788
state by the use of a telecommunications facility. The term
2789
"telecommunications company" does not include:
2790
(a) An entity which provides a telecommunications facility
2791
exclusively to a certificated telecommunications company;
2792
(b) An entity which provides a telecommunications facility
2793
exclusively to a company which is excluded from the definition of
2794
a telecommunications company under this subsection;
2795
(c) A commercial mobile radio service provider;
2796
(d) A facsimile transmission service;
2797
(e) A private computer data network company not offering
2798
service to the public for hire;
2799
(f) A cable television company providing cable service as
2800
defined in 47 U.S.C. s. 522; or
2801
(g) An intrastate interexchange telecommunications company.
2802
2803
However, each commercial mobile radio service provider and each
2804
intrastate interexchange telecommunications company shall
2805
continue to be liable for any taxes imposed under chapters 202,
2806
203, and 212 and any fees assessed under s. 364.025. Each
2807
intrastate interexchange telecommunications company shall
2810
provide the commission with the current information as the
2811
commission deems necessary to contact and communicate with the
2812
company, shall continue to pay intrastate switched network access
2813
rates or other intercarrier compensation to the local exchange
2814
telecommunications company or the competitive local exchange
2815
telecommunications company for the origination and termination of
2816
interexchange telecommunications service, and shall reduce its
2817
intrastate long distance toll rates in accordance with former s.
2818
364.163(2).
2819
Reviser's note.--Amended to conform to the repeal of s.
2820
364.163(2) by s. 12, ch. 2007-29, Laws of Florida.
2821
Section 74. Subsection (3) of section 367.171, Florida
2822
Statutes, is amended to read:
2823
367.171 Effectiveness of this chapter.--
2824
(3) In consideration of the variance of powers, duties,
2825
responsibilities, population, and size of municipalities of the
2826
several counties and in consideration of the fact that every
2827
county varies from every other county and thereby affects the
2828
functions, duties, and responsibilities required of its county
2829
officers and the scope of responsibilities which each county may,
2830
at this time, undertake, the Counties of Alachua, Baker,
2831
Bradford, Calhoun, Charlotte, Collier, Dade, Dixie, Escambia,
2832
Flagler, Gadsden, Gilchrist, Glades, Hamilton, Hardee, Hendry,
2833
Hernando, Hillsborough, Holmes, Indian River, Jefferson,
2834
Lafayette, Leon, Liberty, Madison, Manatee, Miami-Dade, Okaloosa,
2835
Okeechobee, Polk, St. Lucie, Santa Rosa, Sarasota, Suwannee,
2836
Taylor, Union, Wakulla, and Walton are excluded from the
2837
provisions of this chapter until such time as the board of county
2838
commissioners of any such county, acting pursuant to the
2839
provisions of subsection (1), makes this chapter applicable to
2840
such county or until the Legislature, by appropriate act, removes
2841
one or more of such counties from this exclusion.
2842
Reviser's note.--Amended to conform to the redesignation of
2843
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2844
Dade County Code.
2845
Section 75. Subsection (2) of section 369.255, Florida
2846
Statutes, is amended to read:
2847
369.255 Green utility ordinances for funding greenspace
2848
management and exotic plant control.--
2849
(2) In addition to any other funding mechanisms legally
2850
available to counties and municipalities to control invasive,
2851
nonindigenous aquatic or upland plants and manage urban forest
2852
resources, a county or municipality may create one or more green
2853
utilities or adopt fees sufficient to plan, restore, and manage
2854
urban forest resources, greenways, forest preserves, wetlands,
2855
and other aquatic zones and create a stewardship grant program
2856
for private natural areas. Counties or municipalities may create,
2857
alone or in cooperation with other counties or municipalities
2858
pursuant to the Florida Interlocal Cooperation Act of 1969, s.
2859
163.01, one or more greenspace management districts to fund the
2860
planning, management, operation, and administration of a
2861
greenspace management program. The fees shall be collected on a
2862
voluntary basis as set forth by the county or municipality and
2863
calculated to generate sufficient funds to plan, manage, operate,
2864
and administer a greenspace management program. Private natural
2865
areas assessed according to s. 193.501 would qualify for
2866
stewardship grants.
2867
Reviser's note.--Amended to conform to the name of the
2868
Florida Interlocal Cooperation Act of 1969 as referenced in
2869
s. 163.01.
2870
Section 76. Paragraph (a) of subsection (4) of section
2871
370.142, Florida Statutes, is amended to read:
2872
370.142 Spiny lobster trap certificate program.--
2873
(4) TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS
2874
BOARD.--There is hereby established the Trap Certificate
2875
Technical Advisory and Appeals Board. Such board shall consider
2876
and advise the commission on disputes and other problems arising
2877
from the implementation of the spiny lobster trap certificate
2878
program. The board may also provide information to the commission
2879
on the operation of the trap certificate program.
2880
(a) The board shall consist of the executive director of
2881
the commission or designee and nine other members appointed by
2882
the executive director, according to the following criteria:
2883
1. All appointed members shall be certificateholders, but
2884
two shall be holders of fewer than 100 certificates, two shall be
2885
holders of at least 100 but no more than 750 certificates, three
2886
shall be holders of more than 750 but not more than 2,000
2887
certificates, and two shall be holders of more than 2,000
2888
certificates.
2889
2. At least one member each shall come from Broward, Miami-
2890
Dade Dade, and Palm Beach Counties; and five members shall come
2891
from the various regions of the Florida Keys.
2892
3. At least one appointed member shall be a person of
2893
Hispanic origin capable of speaking English and Spanish.
2894
Reviser's note.--Amended to conform to the redesignation of
2895
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2896
Dade County Code.
2897
Section 77. Paragraph (a) of subsection (2) of section
2898
370.172, Florida Statutes, is amended to read:
2899
370.172 Spearfishing; definition; limitations; penalty.--
2900
(2)(a) Spearfishing is prohibited within the boundaries of
2901
the John Pennekamp Coral Reef State Park, the waters of Collier
2902
County, and the area in Monroe County known as Upper Keys, which
2903
includes all salt waters under the jurisdiction of the Fish and
2904
Wildlife Conservation Commission beginning at the county line
2905
between Miami-Dade Dade and Monroe Counties and running south,
2906
including all of the keys down to and including Long Key.
2907
Reviser's note.--Amended to conform to the redesignation of
2908
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
2909
Dade County Code.
2910
Section 78. Section 372.09, Florida Statutes, is amended to
2911
read:
2912
372.09 State Game Trust Fund.--The funds resulting from the
2913
operation of the commission and from the administration of the
2914
laws and regulations pertaining to birds, game, fur-bearing
2915
animals, freshwater fish, reptiles, and amphibians, together with
2916
any other funds specifically provided for such purposes shall
2917
constitute the State Game Trust Fund and shall be used by the
2918
commission as it shall deem fit in carrying out the provisions
2919
hereof and for no other purposes, except that annual use fees
2920
deposited into the trust fund from the sale of the Largemouth
2921
Bass license plate may be expended for the purposes provided
2923
obligate itself beyond the current resources of the State Game
2924
Trust Fund unless specifically so authorized by the Legislature.
2925
Reviser's note.--Amended to conform to the repeal of s.
2926
320.08058(15) by s. 2, ch. 2007-103, Laws of Florida, and
2927
the subsequent redesignation of subsections.
2928
Section 79. Paragraph (b) of subsection (8) of section
2929
373.026, Florida Statutes, is amended to read:
2930
373.026 General powers and duties of the department.--The
2931
department, or its successor agency, shall be responsible for the
2932
administration of this chapter at the state level. However, it is
2933
the policy of the state that, to the greatest extent possible,
2934
the department may enter into interagency or interlocal
2935
agreements with any other state agency, any water management
2936
district, or any local government conducting programs related to
2937
or materially affecting the water resources of the state. All
2938
such agreements shall be subject to the provisions of s. 373.046.
2939
In addition to its other powers and duties, the department shall,
2940
to the greatest extent possible:
2941
(8)
2942
(b) To ensure to the greatest extent possible that project
2943
components will go forward as planned, the department shall
2944
collaborate with the South Florida Water Management District in
2945
implementing the comprehensive plan as defined in s.
2947
Protection Plan as defined in s. 373.4595(2), and the River
2948
Watershed Protection Plans as defined in s. 373.4595(2). Before
2949
any project component is submitted to Congress for authorization
2950
or receives an appropriation of state funds, the department must
2951
approve, or approve with amendments, each project component
2952
within 60 days following formal submittal of the project
2953
component to the department. Prior to the release of state funds
2954
for the implementation of the comprehensive plan, department
2955
approval shall be based upon a determination of the South Florida
2956
Water Management District's compliance with s. 373.1501(5). Once
2957
a project component is approved, the South Florida Water
2958
Management District shall provide to the Joint Legislative
2959
Committee on Everglades Oversight a schedule for implementing the
2960
project component, the estimated total cost of the project
2961
component, any existing federal or nonfederal credits, the
2962
estimated remaining federal and nonfederal share of costs, and an
2963
estimate of the amount of state funds that will be needed to
2964
implement the project component. All requests for an
2965
appropriation of state funds needed to implement the project
2966
component shall be submitted to the department, and such requests
2967
shall be included in the department's annual request to the
2968
Governor. Prior to the release of state funds for the
2969
implementation of the Lake Okeechobee Watershed Protection Plan
2970
or the River Watershed Protection Plans, on an annual basis, the
2971
South Florida Water Management District shall prepare an annual
2972
work plan as part of the consolidated annual report required in
2973
s. 373.036(7). Upon a determination by the secretary of the
2974
annual work plan's consistency with the goals and objectives of
2975
s. 373.4595, the secretary may approve the release of state
2976
funds. Any modifications to the annual work plan shall be
2977
submitted to the secretary for review and approval.
2978
Reviser's note.--Amended to conform to the redesignation of
2980
Laws of Florida.
2981
Section 80. Paragraph (d) of subsection (2) of section
2982
373.073, Florida Statutes, is amended to read:
2983
373.073 Governing board.--
2984
(2) Membership on governing boards shall be selected from
2985
candidates who have significant experience in one or more of the
2986
following areas, including, but not limited to: agriculture, the
2987
development industry, local government, government-owned or
2988
privately owned water utilities, law, civil engineering,
2989
environmental science, hydrology, accounting, or financial
2990
businesses. Notwithstanding the provisions of any other general
2991
or special law to the contrary, vacancies in the governing boards
2992
of the water management districts shall be filled according to
2993
the following residency requirements, representing areas
2994
designated by the United States Water Resources Council in United
2995
States Geological Survey, River Basin and Hydrological Unit Map
2996
of Florida--1975, Map Series No. 72:
2997
(d) South Florida Water Management District:
2998
1. Two members shall reside in Miami-Dade Dade County.
2999
2. One member shall reside in Broward County.
3000
3. One member shall reside in Palm Beach County.
3001
4. One member shall reside in Collier County, Lee County,
3002
Hendry County, or Charlotte County.
3003
5. One member shall reside in Glades County, Okeechobee
3004
County, Highlands County, Polk County, Orange County, or Osceola
3005
County.
3006
6. Two members, appointed at large, shall reside in an area
3007
consisting of St. Lucie, Martin, Palm Beach, Broward, Miami-Dade
3008
Dade, and Monroe Counties.
3009
7. One member, appointed at large, shall reside in an area
3010
consisting of Collier, Lee, Charlotte, Hendry, Glades, Osceola,
3011
Okeechobee, Polk, Highlands, and Orange Counties.
3012
8. No county shall have more than three members on the
3013
governing board.
3014
Reviser's note.--Amended to conform to the redesignation of
3015
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3016
Dade County Code.
3017
Section 81. Paragraph (a) of subsection (1) of section
3018
373.1501, Florida Statutes, is amended to read:
3019
373.1501 South Florida Water Management District as local
3020
sponsor.--
3021
(1) As used in this section and s. 373.026(8), the term:
3022
(a) "C-111 Project" means the project identified in the
3023
Central and Southern Florida Flood Control Project, Real Estate
3024
Design Memorandum, Canal 111, South Miami-Dade Dade County,
3025
Florida.
3026
Reviser's note.--Amended to conform to the redesignation of
3027
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3028
Dade County Code.
3029
Section 82. Paragraph (a) of subsection (2) of section
3030
373.1502, Florida Statutes, is amended to read:
3031
373.1502 Regulation of comprehensive plan project
3032
components.--
3033
(2) FINDINGS; INTENT.--
3034
(a) The Legislature finds that implementation of the
3036
is in the public interest and is necessary for restoring,
3037
preserving, and protecting the South Florida ecosystem, providing
3038
for the protection of water quality in and the reduction of the
3039
loss of fresh water from the Everglades, and providing such
3040
features as are necessary to meet the other water-related needs
3041
of the region, including flood control, the enhancement of water
3042
supplies, and other objectives served by the project.
3043
Reviser's note.--Amended to conform to the redesignation of
3045
Laws of Florida.
3046
Section 83. Paragraph (b) of subsection (3) of section
3047
373.1961, Florida Statutes, is amended to read:
3048
373.1961 Water production; general powers and duties;
3049
identification of needs; funding criteria; economic incentives;
3050
reuse funding.--
3051
(3) FUNDING.--
3052
(b) Beginning in fiscal year 2005-2006, the state shall
3053
annually provide a portion of those revenues deposited into the
3054
Water Protection and Sustainability Program Trust Fund for the
3055
purpose of providing funding assistance for the development of
3056
alternative water supplies pursuant to the Water Protection and
3057
Sustainability Program. At the beginning of each fiscal year,
3058
beginning with fiscal year 2005-2006, such revenues shall be
3059
distributed by the department into the alternative water supply
3060
trust fund accounts created by each district for the purpose of
3061
alternative water supply development under the following funding
3062
formula:
3063
1. Thirty percent to the South Florida Water Management
3064
District;
3065
2. Twenty-five percent to the Southwest Florida Water
3066
Management District;
3067
3. Twenty-five percent to the St. Johns River Water
3068
Management District;
3069
4. Ten percent to the Suwannee River Water Management
3070
District; and
3071
5. Ten percent to the Northwest Florida Water Management
3072
District.
3073
Reviser's note.--Amended to conform to the name of the trust
3074
fund at s. 403.891, which creates the fund.
3075
Section 84. Subsection (16) of section 373.414, Florida
3076
Statutes, is amended to read:
3077
373.414 Additional criteria for activities in surface
3078
waters and wetlands.--
3079
(16) Until October 1, 2000, regulation under rules adopted
3080
pursuant to this part of any sand, limerock, or limestone mining
3081
activity which is located in Township 52 South, Range 39 East,
3082
sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27,
3083
34, 35, and 36; in Township 52 South, Range 40 East, sections 6,
3084
7, 8, 18, and 19; in Township 53 South, Range 39 East, sections
3085
1, 2, 13, 21, 22, 23, 24, 25, 26, 33, 34, 35, and 36; and in
3086
Township 54 South, Range 38 East, sections 24, and 25, and 36,
3087
shall not include the rules adopted pursuant to subsection (9).
3088
In addition, until October 1, 2000, such activities shall
3089
continue to be regulated under the rules adopted pursuant to ss.
3090
403.91-403.929, 1984 Supplement to the Florida Statutes 1983, as
3091
amended, as such rules existed prior to the effective date of the
3092
rules adopted pursuant to subsection (9) and such dredge and fill
3093
jurisdiction shall be that which existed prior to January 24,
3094
1984. In addition, any such sand, limerock, or limestone mining
3095
activity shall be approved by Miami-Dade Dade County and the
3096
United States Army Corps of Engineers. This section shall only
3097
apply to mining activities which are continuous and carried out
3098
on land contiguous to mining operations that were in existence on
3099
or before October 1, 1984.
3100
Reviser's note.--Amended to conform to the redesignation of
3101
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3102
Dade County Code.
3103
Section 85. Subsections (16) and (19) of section 373.4211,
3104
Florida Statutes, are amended to read:
3105
373.4211 Ratification of chapter 17-340, Florida
3106
Administrative Code, on the delineation of the landward extent of
3107
wetlands and surface waters.--Pursuant to s. 373.421, the
3108
Legislature ratifies chapter 17-340, Florida Administrative Code,
3109
approved on January 13, 1994, by the Environmental Regulation
3110
Commission, with the following changes:
3111
(16) Rule 17-340.450(2) is amended by adding, after the
3112
species list, the following language:
3113
"Within Monroe County and the Key Largo portion of Miami-
3114
Dade Dade County only, the following species shall be listed as
3115
Facultative Wet: Alternanthera maritima, Morinda royoc, and
3116
Strumpfia maritima."
3117
(19) Rule 17-340.450(3) is amended by adding, after the
3118
species list, the following language:
3119
"Within Monroe County and the Key Largo portion of Miami-
3120
Dade Dade County only, the following species shall be listed as
3121
facultative: Alternanthera paronychioides, Byrsonima lucida,
3122
Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,
3123
Pisonis rotundata, Pithecellobium keyensis, Pithecellobium
3124
unquis-cati, Randia aculeata, Reynosia septentrionalis, and
3125
Thrinax radiata."
3126
Reviser's note.--Amended to conform to the redesignation of
3127
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3128
Dade County Code.
3129
Section 86. Paragraph (f) of subsection (1) and paragraph
3130
(b) of subsection (4) of section 373.4592, Florida Statutes, are
3131
amended to read:
3132
373.4592 Everglades improvement and management.--
3133
(1) FINDINGS AND INTENT.--
3134
(f) The Legislature finds that improved water supply and
3135
hydroperiod management are crucial elements to overall
3136
revitalization of the Everglades ecosystem, including Florida
3137
Bay. It is the intent of the Legislature to expedite plans and
3138
programs for improving water quantity reaching the Everglades,
3139
correcting long-standing hydroperiod problems, increasing the
3140
total quantity of water flowing through the system, providing
3141
water supply for the Everglades National Park, urban and
3142
agricultural areas, and Florida Bay, and replacing water
3143
previously available from the coastal ridge in areas of southern
3144
Miami-Dade Dade County. Whenever possible, wasteful discharges of
3145
fresh water to tide shall be reduced, and the water shall be
3146
stored for delivery at more optimum times. Additionally, reuse
3147
and conservation measures shall be implemented consistent with
3148
law. The Legislature further recognizes that additional water
3149
storage may be an appropriate use of Lake Okeechobee.
3150
(4) EVERGLADES PROGRAM.--
3151
(b) Everglades water supply and hydroperiod improvement and
3152
restoration.--
3153
1. A comprehensive program to revitalize the Everglades
3154
shall include programs and projects to improve the water quantity
3155
reaching the Everglades Protection Area at optimum times and
3156
improve hydroperiod deficiencies in the Everglades ecosystem. To
3157
the greatest extent possible, wasteful discharges of fresh water
3158
to tide shall be reduced, and water conservation practices and
3159
reuse measures shall be implemented by water users, consistent
3160
with law. Water supply management must include improvement of
3161
water quantity reaching the Everglades, correction of long-
3162
standing hydroperiod problems, and an increase in the total
3163
quantity of water flowing through the system. Water supply
3164
management must provide water supply for the Everglades National
3165
Park, the urban and agricultural areas, and the Florida Bay and
3166
must replace water previously available from the coastal ridge
3167
areas of southern Miami-Dade Dade County. The Everglades
3168
Construction Project redirects some water currently lost to tide.
3169
It is an important first step in completing hydroperiod
3170
improvement.
3171
2. The district shall operate the Everglades Construction
3172
Project as specified in the February 15, 1994, conceptual design
3173
document, to provide additional inflows to the Everglades
3174
Protection Area. The increased flow from the project shall be
3175
directed to the Everglades Protection Area as needed to achieve
3176
an average annual increase of 28 percent compared to the baseline
3177
years of 1979 to 1988. Consistent with the design of the
3178
Everglades Construction Project and without demonstratively
3179
reducing water quality benefits, the regulatory releases will be
3180
timed and distributed to the Everglades Protection Area to
3181
maximize environmental benefits.
3182
3. The district shall operate the Everglades Construction
3183
Project in accordance with the February 15, 1994, conceptual
3184
design document to maximize the water quantity benefits and
3185
improve the hydroperiod of the Everglades Protection Area. All
3186
reductions of flow to the Everglades Protection Area from BMP
3187
implementation will be replaced. The district shall develop a
3188
model to be used for quantifying the amount of water to be
3189
replaced. The timing and distribution of this replaced water will
3190
be directed to the Everglades Protection Area to maximize the
3191
natural balance of the Everglades Protection Area.
3192
4. The Legislature recognizes the complexity of the
3193
Everglades watershed, as well as legal mandates under Florida and
3194
federal law. As local sponsor of the Central and Southern Florida
3195
Flood Control Project, the district must coordinate its water
3196
supply and hydroperiod programs with the Federal Government.
3197
Federal planning, research, operating guidelines, and
3198
restrictions for the Central and Southern Florida Flood Control
3199
Project now under review by federal agencies will provide
3200
important components of the district's Everglades Program. The
3201
department and district shall use their best efforts to seek the
3202
amendment of the authorized purposes of the project to include
3203
water quality protection, hydroperiod restoration, and
3204
environmental enhancement as authorized purposes of the Central
3205
and Southern Florida Flood Control Project, in addition to the
3206
existing purposes of water supply, flood protection, and allied
3207
purposes. Further, the department and the district shall use
3208
their best efforts to request that the Federal Government include
3209
in the evaluation of the regulation schedule for Lake Okeechobee
3210
a review of the regulatory releases, so as to facilitate releases
3211
of water into the Everglades Protection Area which further
3212
improve hydroperiod restoration.
3213
5. The district, through cooperation with the federal and
3214
state agencies, shall develop other programs and methods to
3215
increase the water flow and improve the hydroperiod of the
3216
Everglades Protection Area.
3217
6. Nothing in this section is intended to provide an
3218
allocation or reservation of water or to modify the provisions of
3219
part II. All decisions regarding allocations and reservations of
3220
water shall be governed by applicable law.
3221
7. The district shall proceed to expeditiously implement
3222
the minimum flows and levels for the Everglades Protection Area
3223
as required by s. 373.042 and shall expeditiously complete the
3224
Lower East Coast Water Supply Plan.
3225
Reviser's note.--Amended to conform to the redesignation of
3226
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3227
Dade County Code.
3228
Section 87. Paragraph (c) of subsection (3) of section
3229
373.4595, Florida Statutes, is amended to read:
3230
373.4595 Northern Everglades and Estuaries Protection
3231
Program.--
3232
(3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.--A
3233
protection program for Lake Okeechobee that achieves phosphorus
3234
load reductions for Lake Okeechobee shall be immediately
3235
implemented as specified in this subsection. The program shall
3236
address the reduction of phosphorus loading to the lake from both
3237
internal and external sources. Phosphorus load reductions shall
3238
be achieved through a phased program of implementation. Initial
3239
implementation actions shall be technology-based, based upon a
3240
consideration of both the availability of appropriate technology
3241
and the cost of such technology, and shall include phosphorus
3242
reduction measures at both the source and the regional level. The
3243
initial phase of phosphorus load reductions shall be based upon
3244
the district's Technical Publication 81-2 and the district's WOD
3245
program, with subsequent phases of phosphorus load reductions
3246
based upon the total maximum daily loads established in
3247
accordance with s. 403.067. In the development and administration
3248
of the Lake Okeechobee Watershed Protection Program, the
3249
coordinating agencies shall maximize opportunities provided by
3250
federal cost-sharing programs and opportunities for partnerships
3251
with the private sector.
3252
(c) Lake Okeechobee Watershed Phosphorus Control
3253
Program.--The Lake Okeechobee Watershed Phosphorus Control
3254
Program is designed to be a multifaceted approach to reducing
3255
phosphorus loads by improving the management of phosphorus
3256
sources within the Lake Okeechobee watershed through
3257
implementation of regulations and best management practices,
3258
development and implementation of improved best management
3259
practices, improvement and restoration of the hydrologic function
3260
of natural and managed systems, and utilization of alternative
3261
technologies for nutrient reduction. The coordinating agencies
3262
shall facilitate the application of federal programs that offer
3263
opportunities for water quality treatment, including
3264
preservation, restoration, or creation of wetlands on
3265
agricultural lands.
3266
1. Agricultural nonpoint source best management practices,
3267
developed in accordance with s. 403.067 and designed to achieve
3268
the objectives of the Lake Okeechobee Watershed Protection
3269
Program, shall be implemented on an expedited basis. The
3270
coordinating agencies shall develop an interagency agreement
3272
development of best management practices that complement existing
3273
regulatory programs and specifies how those best management
3274
practices are implemented and verified. The interagency agreement
3275
shall address measures to be taken by the coordinating agencies
3276
during any best management practice reevaluation performed
3277
pursuant to sub-subparagraph d. The department shall use best
3278
professional judgment in making the initial determination of best
3279
management practice effectiveness.
3280
a. As provided in s. 403.067(7)(c), the Department of
3281
Agriculture and Consumer Services, in consultation with the
3282
department, the district, and affected parties, shall initiate
3283
rule development for interim measures, best management practices,
3284
conservation plans, nutrient management plans, or other measures
3285
necessary for Lake Okeechobee watershed total maximum daily load
3286
reduction. The rule shall include thresholds for requiring
3287
conservation and nutrient management plans and criteria for the
3288
contents of such plans. Development of agricultural nonpoint
3289
source best management practices shall initially focus on those
3290
priority basins listed in subparagraph (b)1. The Department of
3291
Agriculture and Consumer Services, in consultation with the
3292
department, the district, and affected parties, shall conduct an
3293
ongoing program for improvement of existing and development of
3294
new interim measures or best management practices for the purpose
3295
of adoption of such practices by rule. The Department of
3296
Agriculture and Consumer Services shall work with the University
3297
of Florida's Institute of Food and Agriculture Sciences to review
3298
and, where appropriate, develop revised nutrient application
3299
rates for all agricultural soil amendments in the watershed.
3300
b. Where agricultural nonpoint source best management
3301
practices or interim measures have been adopted by rule of the
3302
Department of Agriculture and Consumer Services, the owner or
3303
operator of an agricultural nonpoint source addressed by such
3304
rule shall either implement interim measures or best management
3305
practices or demonstrate compliance with the district's WOD
3306
program by conducting monitoring prescribed by the department or
3307
the district. Owners or operators of agricultural nonpoint
3308
sources who implement interim measures or best management
3309
practices adopted by rule of the Department of Agriculture and
3310
Consumer Services shall be subject to the provisions of s.
3311
403.067(7). The Department of Agriculture and Consumer Services,
3312
in cooperation with the department and the district, shall
3313
provide technical and financial assistance for implementation of
3314
agricultural best management practices, subject to the
3315
availability of funds.
3316
c. The district or department shall conduct monitoring at
3317
representative sites to verify the effectiveness of agricultural
3318
nonpoint source best management practices.
3319
d. Where water quality problems are detected for
3320
agricultural nonpoint sources despite the appropriate
3321
implementation of adopted best management practices, the
3322
Department of Agriculture and Consumer Services, in consultation
3323
with the other coordinating agencies and affected parties, shall
3324
institute a reevaluation of the best management practices and
3325
make appropriate changes to the rule adopting best management
3326
practices.
3327
2. Nonagricultural nonpoint source best management
3328
practices, developed in accordance with s. 403.067 and designed
3329
to achieve the objectives of the Lake Okeechobee Watershed
3330
Protection Program, shall be implemented on an expedited basis.
3331
The department and the district shall develop an interagency
3333
development of best management practices that complement existing
3334
regulatory programs and specifies how those best management
3335
practices are implemented and verified. The interagency agreement
3336
shall address measures to be taken by the department and the
3337
district during any best management practice reevaluation
3338
performed pursuant to sub-subparagraph d.
3339
a. The department and the district are directed to work
3340
with the University of Florida's Institute of Food and
3341
Agricultural Sciences to develop appropriate nutrient application
3342
rates for all nonagricultural soil amendments in the watershed.
3343
As provided in s. 403.067(7)(c), the department, in consultation
3344
with the district and affected parties, shall develop interim
3345
measures, best management practices, or other measures necessary
3346
for Lake Okeechobee watershed total maximum daily load reduction.
3347
Development of nonagricultural nonpoint source best management
3348
practices shall initially focus on those priority basins listed
3349
in subparagraph (b)1. The department, the district, and affected
3350
parties shall conduct an ongoing program for improvement of
3351
existing and development of new interim measures or best
3352
management practices. The district shall adopt technology-based
3353
standards under the district's WOD program for nonagricultural
3354
nonpoint sources of phosphorus. Nothing in this sub-subparagraph
3355
shall affect the authority of the department or the district to
3356
adopt basin-specific criteria under this part to prevent harm to
3357
the water resources of the district.
3358
b. Where nonagricultural nonpoint source best management
3359
practices or interim measures have been developed by the
3360
department and adopted by the district, the owner or operator of
3361
a nonagricultural nonpoint source shall implement interim
3362
measures or best management practices and be subject to the
3363
provisions of s. 403.067(7). The department and district shall
3364
provide technical and financial assistance for implementation of
3365
nonagricultural nonpoint source best management practices,
3366
subject to the availability of funds.
3367
c. The district or the department shall conduct monitoring
3368
at representative sites to verify the effectiveness of
3369
nonagricultural nonpoint source best management practices.
3370
d. Where water quality problems are detected for
3371
nonagricultural nonpoint sources despite the appropriate
3372
implementation of adopted best management practices, the
3373
department and the district shall institute a reevaluation of the
3374
best management practices.
3375
3. The provisions of subparagraphs 1. and 2. shall not
3376
preclude the department or the district from requiring compliance
3377
with water quality standards or with current best management
3378
practices requirements set forth in any applicable regulatory
3379
program authorized by law for the purpose of protecting water
3380
quality. Additionally, subparagraphs 1. and 2. are applicable
3381
only to the extent that they do not conflict with any rules
3382
promulgated by the department that are necessary to maintain a
3383
federally delegated or approved program.
3384
4. Projects that reduce the phosphorus load originating
3385
from domestic wastewater systems within the Lake Okeechobee
3386
watershed shall be given funding priority in the department's
3387
revolving loan program under s. 403.1835. The department shall
3388
coordinate and provide assistance to those local governments
3389
seeking financial assistance for such priority projects.
3390
5. Projects that make use of private lands, or lands held
3391
in trust for Indian tribes, to reduce nutrient loadings or
3392
concentrations within a basin by one or more of the following
3393
methods: restoring the natural hydrology of the basin, restoring
3394
wildlife habitat or impacted wetlands, reducing peak flows after
3395
storm events, increasing aquifer recharge, or protecting range
3396
and timberland from conversion to development, are eligible for
3397
grants available under this section from the coordinating
3398
agencies. For projects of otherwise equal priority, special
3399
funding priority will be given to those projects that make best
3400
use of the methods outlined above that involve public-private
3401
partnerships or that obtain federal match money. Preference
3402
ranking above the special funding priority will be given to
3403
projects located in a rural area of critical economic concern
3404
designated by the Governor. Grant applications may be submitted
3405
by any person or tribal entity, and eligible projects may
3406
include, but are not limited to, the purchase of conservation and
3407
flowage easements, hydrologic restoration of wetlands, creating
3408
treatment wetlands, development of a management plan for natural
3409
resources, and financial support to implement a management plan.
3410
6.a. The department shall require all entities disposing of
3411
domestic wastewater residuals within the Lake Okeechobee
3412
watershed and the remaining areas of Okeechobee, Glades, and
3413
Hendry Counties to develop and submit to the department an
3414
agricultural use plan that limits applications based upon
3415
phosphorus loading. By July 1, 2005, phosphorus concentrations
3416
originating from these application sites shall not exceed the
3417
limits established in the district's WOD program. After December
3418
31, 2007, the department may not authorize the disposal of
3419
domestic wastewater residuals within the Lake Okeechobee
3420
watershed unless the applicant can affirmatively demonstrate that
3421
the phosphorus in the residuals will not add to phosphorus
3422
loadings in Lake Okeechobee or its tributaries. This
3423
demonstration shall be based on achieving a net balance between
3424
phosphorus imports relative to exports on the permitted
3425
application site. Exports shall include only phosphorus removed
3426
from the Lake Okeechobee watershed through products generated on
3427
the permitted application site. This prohibition does not apply
3428
to Class AA residuals that are marketed and distributed as
3429
fertilizer products in accordance with department rule.
3430
b. Private and government-owned utilities within Monroe,
3431
Miami-Dade Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
3432
River, Okeechobee, Highlands, Hendry, and Glades Counties that
3433
dispose of wastewater residual sludge from utility operations and
3434
septic removal by land spreading in the Lake Okeechobee watershed
3435
may use a line item on local sewer rates to cover wastewater
3436
residual treatment and disposal if such disposal and treatment is
3437
done by approved alternative treatment methodology at a facility
3438
located within the areas designated by the Governor as rural
3439
areas of critical economic concern pursuant to s. 288.0656. This
3440
additional line item is an environmental protection disposal fee
3441
above the present sewer rate and shall not be considered a part
3442
of the present sewer rate to customers, notwithstanding
3443
provisions to the contrary in chapter 367. The fee shall be
3444
established by the county commission or its designated assignee
3445
in the county in which the alternative method treatment facility
3446
is located. The fee shall be calculated to be no higher than that
3447
necessary to recover the facility's prudent cost of providing the
3448
service. Upon request by an affected county commission, the
3449
Florida Public Service Commission will provide assistance in
3450
establishing the fee. Further, for utilities and utility
3451
authorities that use the additional line item environmental
3452
protection disposal fee, such fee shall not be considered a rate
3453
increase under the rules of the Public Service Commission and
3454
shall be exempt from such rules. Utilities using the provisions
3455
of this section may immediately include in their sewer invoicing
3456
the new environmental protection disposal fee. Proceeds from this
3457
environmental protection disposal fee shall be used for treatment
3458
and disposal of wastewater residuals, including any treatment
3459
technology that helps reduce the volume of residuals that require
3460
final disposal, but such proceeds shall not be used for
3461
transportation or shipment costs for disposal or any costs
3462
relating to the land application of residuals in the Lake
3463
Okeechobee watershed.
3464
c. No less frequently than once every 3 years, the Florida
3465
Public Service Commission or the county commission through the
3466
services of an independent auditor shall perform a financial
3467
audit of all facilities receiving compensation from an
3468
environmental protection disposal fee. The Florida Public Service
3469
Commission or the county commission through the services of an
3470
independent auditor shall also perform an audit of the
3471
methodology used in establishing the environmental protection
3472
disposal fee. The Florida Public Service Commission or the county
3473
commission shall, within 120 days after completion of an audit,
3474
file the audit report with the President of the Senate and the
3475
Speaker of the House of Representatives and shall provide copies
3476
to the county commissions of the counties set forth in sub-
3477
subparagraph b. The books and records of any facilities receiving
3478
compensation from an environmental protection disposal fee shall
3479
be open to the Florida Public Service Commission and the Auditor
3480
General for review upon request.
3481
7. The Department of Health shall require all entities
3482
disposing of septage within the Lake Okeechobee watershed to
3483
develop and submit to that agency an agricultural use plan that
3484
limits applications based upon phosphorus loading. By July 1,
3485
2005, phosphorus concentrations originating from these
3486
application sites shall not exceed the limits established in the
3487
district's WOD program.
3488
8. The Department of Agriculture and Consumer Services
3489
shall initiate rulemaking requiring entities within the Lake
3490
Okeechobee watershed which land-apply animal manure to develop
3491
resource management system level conservation plans, according to
3492
United States Department of Agriculture criteria, which limit
3493
such application. Such rules may include criteria and thresholds
3494
for the requirement to develop a conservation or nutrient
3495
management plan, requirements for plan approval, and
3496
recordkeeping requirements.
3497
9. The district, the department, or the Department of
3498
Agriculture and Consumer Services, as appropriate, shall
3499
implement those alternative nutrient reduction technologies
3500
determined to be feasible pursuant to subparagraph (d)6.
3501
Reviser's note.--Amended to conform to the redesignation of
3502
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3503
Dade County Code.
3504
Section 88. Paragraph (e) of subsection (2) of section
3505
373.470, Florida Statutes, is amended to read:
3506
373.470 Everglades restoration.--
3507
(2) DEFINITIONS.--As used in this section, the term:
3508
(e) "Lake Okeechobee Watershed Protection Plan" means the
3509
plan developed pursuant to ss. 373.4595(3)(a) 375.4595 and
3511
Reviser's note.--Amended to conform to the fact that s.
3512
375.4595 does not exist. Section 373.4595(3)(a) provides for
3513
the Lake Okeechobee Watershed Protection Plan.
3514
Section 89. Subsection (1) of section 373.472, Florida
3515
Statutes, is amended to read:
3516
373.472 Save Our Everglades Trust Fund.--
3517
(1) There is created within the Department of Environmental
3518
Protection the Save Our Everglades Trust Fund. Funds in the trust
3519
fund shall be expended to implement the comprehensive plan
3521
Watershed Protection Plan defined in s. 373.4595(2), the
3522
Caloosahatchee River Watershed Protection Plan defined in s.
3523
373.4595(2), and the St. Lucie River Watershed Protection Plan
3524
defined in s. 373.4595(2), and to pay debt service for Everglades
3525
restoration bonds issued pursuant to s. 215.619. The trust fund
3526
shall serve as the repository for state, local, and federal
3527
project contributions in accordance with s. 373.470(4).
3528
Reviser's note.--Amended to conform to the redesignation of
3530
Laws of Florida.
3531
Section 90. Paragraph (c) of subsection (3) of section
3532
376.308, Florida Statutes, is amended to read:
3533
376.308 Liabilities and defenses of facilities.--
3534
(3) For purposes of this section, the following additional
3535
defenses shall apply to sites contaminated with petroleum or
3536
petroleum products:
3537
(c) The defendant is a lender which held a security
3538
interest in the site and has foreclosed or otherwise acted to
3539
acquire title primarily to protect its security interest, and
3540
seeks to sell, transfer, or otherwise divest the assets for
3541
subsequent sale at the earliest possible time, taking all
3542
relevant facts and circumstances into account, and has not
3543
undertaken management activities beyond those necessary to
3544
protect its financial interest, to effectuate compliance with
3545
environmental statutes and rules, or to prevent or abate a
3546
discharge; however, if the facility is not eligible for cleanup
3548
376.3072, any funds expended by the department for cleanup of the
3549
property shall constitute a lien on the property against any
3550
subsequent sale after the amount of the former security interest
3551
(including the cost of collection, management, and sale) is
3552
satisfied.
3553
Reviser's note.--Amended to conform to the redesignation of
3555
Florida.
3556
Section 91. Subsection (1) of section 377.42, Florida
3557
Statutes, is amended to read:
3558
377.42 Big Cypress Swamp Advisory Committee.--
3559
(1) For purposes of this section, the Big Cypress watershed
3560
is defined as the area in Collier County and the adjoining
3561
portions of Hendry, Broward, Miami-Dade Dade, and Monroe Counties
3562
which is designated as the Big Cypress Swamp in U.S. Geological
3563
Survey Open-File Report No. 70003.
3564
Reviser's note.--Amended to conform to the redesignation of
3565
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3566
Dade County Code.
3567
Section 92. Paragraph (c) of subsection (1), paragraph (c)
3568
of subsection (2), and paragraph (c) of subsection (3) of section
3569
381.0273, Florida Statutes, are amended to read:
3570
381.0273 Public records exemption for patient safety
3571
data.--
3572
(1) Information that identifies a patient and that is
3573
contained in patient safety data, as defined in s. 766.1016, or
3574
in other records held by the Florida Patient Safety Corporation
3575
and its subsidiaries, advisory committees, or contractors
3576
pursuant to s. 381.0271 is confidential and exempt from s.
3577
119.07(1) and s. 24(a), Art. I of the State Constitution.
3578
Personal identifying information made confidential and exempt
3579
from disclosure by this subsection may be disclosed only:
3580
(c) To a health research entity if the entity seeks the
3581
records or data pursuant to a research protocol approved by the
3582
corporation, maintains the records or data in accordance with the
3583
approved protocol, and enters into a purchase and data-use
3584
agreement with the corporation, the fee provisions of which are
3586
deny a request for records or data that identify the patient if
3587
the protocol provides for intrusive follow-back contacts, has not
3588
been approved by a human studies institutional review board, does
3589
not plan for the destruction of confidential records after the
3590
research is concluded, or does not have scientific merit. The
3591
agreement must prohibit the release of any information that would
3592
permit the identification of any patient, must limit the use of
3593
records or data in conformance with the approved research
3594
protocol, and must prohibit any other use of the records or data.
3595
Copies of records or data issued pursuant to this paragraph
3596
remain the property of the corporation.
3597
(2) Information that identifies the person or entity that
3598
reports patient safety data, as defined in s. 766.1016, to the
3599
corporation and that is contained in patient safety data or in
3600
other records held by the Florida Patient Safety Corporation and
3601
its subsidiaries, advisory committees, or contractors pursuant to
3603
24(a), Art. I of the State Constitution. Information that
3604
identifies a person or entity reporting patient safety data made
3605
confidential and exempt from disclosure by this subsection may be
3606
disclosed only:
3607
(c) To a health research entity if the entity seeks the
3608
records or data pursuant to a research protocol approved by the
3609
corporation, maintains the records or data in accordance with the
3610
approved protocol, and enters into a purchase and data-use
3611
agreement with the corporation, the fee provisions of which are
3613
deny a request for records or data that identify the person or
3614
entity reporting patient safety data if the protocol provides for
3615
intrusive follow-back contacts, has not been approved by a human
3616
studies institutional review board, does not plan for the
3617
destruction of confidential records after the research is
3618
concluded, or does not have scientific merit. The agreement must
3619
prohibit the release of any information that would permit the
3620
identification of persons or entities that report patient safety
3621
data, must limit the use of records or data in conformance with
3622
the approved research protocol, and must prohibit any other use
3623
of the records or data. Copies of records or data issued pursuant
3624
to this paragraph remain the property of the corporation.
3625
(3) Information that identifies a health care practitioner
3626
or health care facility which is held by the Florida Patient
3627
Safety Corporation and its subsidiaries, advisory committees, or
3628
contractors pursuant to s. 381.0271, is confidential and exempt
3629
from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
3630
Information that identifies a health care practitioner or health
3631
care facility and that is contained in patient safety data made
3632
confidential and exempt from disclosure by this subsection may be
3633
disclosed only:
3634
(c) To a health research entity if the entity seeks the
3635
records or data pursuant to a research protocol approved by the
3636
corporation, maintains the records or data in accordance with the
3637
approved protocol, and enters into a purchase and data-use
3638
agreement with the corporation, the fee provisions of which are
3640
deny a request for records or data that identify the person or
3641
entity reporting patient safety data if the protocol provides for
3642
intrusive follow-back contacts, has not been approved by a human
3643
studies institutional review board, does not plan for the
3644
destruction of confidential records after the research is
3645
concluded, or does not have scientific merit. The agreement must
3646
prohibit the release of any information that would permit the
3647
identification of persons or entities that report patient safety
3648
data, must limit the use of records or data in conformance with
3649
the approved research protocol, and must prohibit any other use
3650
of the records or data. Copies of records or data issued under
3651
this paragraph remain the property of the corporation.
3652
Reviser's note.--Amended to conform to the redesignation of
3653
material regarding fees for copies of public records in s.
3655
Florida.
3656
Section 93. Paragraph (a) of subsection (1) of section
3657
381.0404, Florida Statutes, is amended to read:
3658
381.0404 Center for Health Technologies.--
3659
(1)(a) There is hereby established the Center for Health
3660
Technologies, to be located at and administered by a statutory
3661
teaching hospital located in Miami-Dade Dade County and hereafter
3662
referred to as the administrator.
3663
Reviser's note.--Amended to conform to the redesignation of
3664
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3665
Dade County Code.
3666
Section 94. Paragraph (c) of subsection (2) of section
3667
381.92, Florida Statutes, is amended to read:
3668
381.92 Florida Cancer Council.--
3669
(2)
3670
(c) The members of the council shall consist of:
3671
1. The chair of the Florida Dialogue on Cancer, who shall
3672
serve as the chair of the council;
3673
2. The State Surgeon General or his or her designee;
3674
3. The chief executive officer of the H. Lee Moffitt Cancer
3675
Center or his or her designee;
3676
4. The director of the University of Florida Shands Cancer
3677
Center or his or her designee;
3678
5. The chief executive officer of the University of Miami
3679
Sylvester Comprehensive Cancer Center or his or her designee;
3680
6. The chief executive officer of the Mayo Clinic,
3681
Jacksonville, or his or her designee;
3682
7. The chief executive officer of the American Cancer
3683
Society, Florida Division, Inc., or his or her designee;
3684
8. The president of the American Cancer Society, Florida
3685
Division, Inc., Board of Directors or his or her designee;
3686
9. The president of the Florida Society of Clinical
3687
Oncology or his or her designee;
3688
10. The president of the American College of Surgeons,
3689
Florida Chapter, or his or her designee;
3690
11. The chief executive officer of Enterprise Florida,
3691
Inc., or his or her designee;
3692
12. Five representatives from cancer programs approved by
3693
the American College of Surgeons. Three shall be appointed by the
3694
Governor, one shall be appointed by the Speaker of the House of
3695
Representatives, and one shall be appointed by the President of
3696
the Senate;
3697
13. One member of the House of Representatives, to be
3698
appointed by the Speaker of the House of Representatives; and
3699
14. One member of the Senate, to be appointed by the
3700
President of the Senate.
3701
Reviser's note.--Amended to improve clarity and correct
3702
sentence construction.
3703
Section 95. Subsection (5) of section 383.412, Florida
3704
Statutes, is amended to read:
3705
383.412 Public records and public meetings exemptions.--
3706
(5) This section is subject to the Open Government Sunset
3707
Review Act of 1995 in accordance with s. 119.15, and shall stand
3708
repealed on October 2, 2010, unless reviewed and saved from
3709
repeal through reenactment by the Legislature.
3710
Reviser's note.--Amended to conform to the renaming of the
3711
"Open Government Sunset Review Act of 1995" as the "Open
3712
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
3713
of Florida.
3714
Section 96. Subsection (1) of section 390.012, Florida
3715
Statutes, is amended to read:
3716
390.012 Powers of agency; rules; disposal of fetal
3717
remains.--
3718
(1) The agency may develop and enforce rules pursuant to
3720
for the health, care, and treatment of persons in abortion
3721
clinics and for the safe operation of such clinics.
3722
(a) The rules shall be reasonably related to the
3723
preservation of maternal health of the clients.
3724
(b) The rules shall be in accordance with s. 797.03 and may
3725
not impose an unconstitutional burden on a woman's freedom to
3726
decide whether to terminate her pregnancy.
3727
(c) The rules shall provide for:
3728
1. The performance of pregnancy termination procedures only
3729
by a licensed physician.
3730
2. The making, protection, and preservation of patient
3731
records, which shall be treated as medical records under chapter
3732
458.
3733
Reviser's note.--Amended to correct an erroneous reference
3734
added by s. 15, ch. 2007-230, Laws of Florida. Section
3735
390.001 was redesignated as s. 390.0111 by s. 2, ch. 97-151,
3736
Laws of Florida. Section 390.011 provides definitions for
3737
the range of sections in the cross-reference.
3738
Section 97. Subsection (3) of section 390.014, Florida
3739
Statutes, is amended to read:
3740
390.014 Licenses; fees.--
3741
(3) In accordance with s. 408.805, an applicant or licensee
3742
shall pay a fee for each license application submitted under this
3743
chapter part and part II of chapter 408. The amount of the fee
3744
shall be established by rule and may not be less than $70 or more
3745
than $500.
3746
Reviser's note.--Amended to correct an erroneous reference;
3747
chapter 390 is not divided into parts.
3748
Section 98. Section 390.018, Florida Statutes, is amended
3749
to read:
3750
390.018 Administrative fine.--In addition to the
3751
requirements of part II of chapter 408, the agency may impose a
3752
fine upon the clinic in an amount not to exceed $1,000 for each
3753
violation of any provision of this chapter part, part II of
3754
chapter 408, or applicable rules.
3755
Reviser's note.--Amended to correct an erroneous reference;
3756
chapter 390 is not divided into parts.
3757
Section 99. Section 393.23, Florida Statutes, is amended to
3758
read:
3759
393.23 Developmental disabilities institutions; trust
3760
accounts.--All receipts from the operation of canteens, vending
3761
machines, hobby shops, sheltered workshops, activity centers,
3762
farming projects, and other like activities operated in a
3763
developmental disabilities institution, and moneys donated to the
3764
institution, must be deposited in a trust account in any bank,
3765
credit union, or savings and loan association authorized by the
3766
State Treasury as a qualified depository depositor to do business
3767
in this state, if the moneys are available on demand.
3768
(1) Moneys in the trust account must be expended for the
3769
benefit, education, and welfare of clients. However, if
3770
specified, moneys that are donated to the institution must be
3771
expended in accordance with the intentions of the donor. Trust
3772
account money may not be used for the benefit of employees of the
3773
agency or to pay the wages of such employees. The welfare of the
3774
clients includes the expenditure of funds for the purchase of
3775
items for resale at canteens or vending machines, and for the
3776
establishment of, maintenance of, and operation of canteens,
3777
hobby shops, recreational or entertainment facilities, sheltered
3778
workshops, activity centers, farming projects, or other like
3779
facilities or programs established at the institutions for the
3780
benefit of clients.
3781
(2) The institution may invest, in the manner authorized by
3782
law for fiduciaries, any money in a trust account which is not
3783
necessary for immediate use. The interest earned and other
3784
increments derived from the investments of the money must be
3785
deposited into the trust account for the benefit of clients.
3786
(3) The accounting system of an institution must account
3787
separately for revenues and expenses for each activity. The
3788
institution shall reconcile the trust account to the
3789
institution's accounting system and check registers and to the
3790
accounting system of the Chief Financial Officer.
3791
(4) All sales taxes collected by the institution as a
3792
result of sales shall be deposited into the trust account and
3793
remitted to the Department of Revenue.
3794
(5) Funds shall be expended in accordance with requirements
3795
and guidelines established by the Chief Financial Officer.
3796
Reviser's note.--Amended to confirm the editorial
3797
substitution of the word "depository" for the word
3798
"depositor" to correct an apparent error and facilitate
3799
correct interpretation.
3800
Section 100. Paragraph (a) of subsection (4) of section
3801
395.402, Florida Statutes, is amended to read:
3802
395.402 Trauma service areas; number and location of trauma
3803
centers.--
3804
(4) Annually thereafter, the department shall review the
3805
assignment of the 67 counties to trauma service areas, in
3806
addition to the requirements of paragraphs (2)(b)-(g) and
3807
subsection (3). County assignments are made for the purpose of
3808
developing a system of trauma centers. Revisions made by the
3809
department shall take into consideration the recommendations made
3810
as part of the regional trauma system plans approved by the
3811
department and the recommendations made as part of the state
3812
trauma system plan. In cases where a trauma service area is
3813
located within the boundaries of more than one trauma region, the
3814
trauma service area's needs, response capability, and system
3815
requirements shall be considered by each trauma region served by
3816
that trauma service area in its regional system plan. Until the
3817
department completes the February 2005 assessment, the assignment
3818
of counties shall remain as established in this section.
3819
(a) The following trauma service areas are hereby
3820
established:
3821
1. Trauma service area 1 shall consist of Escambia,
3822
Okaloosa, Santa Rosa, and Walton Counties.
3823
2. Trauma service area 2 shall consist of Bay, Gulf,
3824
Holmes, and Washington Counties.
3825
3. Trauma service area 3 shall consist of Calhoun,
3826
Franklin, Gadsden, Jackson, Jefferson, Leon, Liberty, Madison,
3827
Taylor, and Wakulla Counties.
3828
4. Trauma service area 4 shall consist of Alachua,
3829
Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Levy,
3830
Putnam, Suwannee, and Union Counties.
3831
5. Trauma service area 5 shall consist of Baker, Clay,
3832
Duval, Nassau, and St. Johns Counties.
3833
6. Trauma service area 6 shall consist of Citrus, Hernando,
3834
and Marion Counties.
3835
7. Trauma service area 7 shall consist of Flagler and
3836
Volusia Counties.
3837
8. Trauma service area 8 shall consist of Lake, Orange,
3838
Osceola, Seminole, and Sumter Counties.
3839
9. Trauma service area 9 shall consist of Pasco and
3840
Pinellas Counties.
3841
10. Trauma service area 10 shall consist of Hillsborough
3842
County.
3843
11. Trauma service area 11 shall consist of Hardee,
3844
Highlands, and Polk Counties.
3845
12. Trauma service area 12 shall consist of Brevard and
3846
Indian River Counties.
3847
13. Trauma service area 13 shall consist of DeSoto,
3848
Manatee, and Sarasota Counties.
3849
14. Trauma service area 14 shall consist of Martin,
3850
Okeechobee, and St. Lucie Counties.
3851
15. Trauma service area 15 shall consist of Charlotte,
3852
Glades, Hendry, and Lee Counties.
3853
16. Trauma service area 16 shall consist of Palm Beach
3854
County.
3855
17. Trauma service area 17 shall consist of Collier County.
3856
18. Trauma service area 18 shall consist of Broward County.
3857
19. Trauma service area 19 shall consist of Miami-Dade Dade
3858
and Monroe Counties.
3859
Reviser's note.--Amended to conform to the redesignation of
3860
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
3861
Dade County Code.
3862
Section 101. Subsection (1) of section 400.063, Florida
3863
Statutes, is amended to read:
3864
400.063 Resident Protection Trust Fund.--
3865
(1) A Resident Protection Trust Fund shall be established
3866
for the purpose of collecting and disbursing funds generated from
3867
the license fees and administrative fines as provided for in ss.
3869
Such funds shall be for the sole purpose of paying for the
3870
appropriate alternate placement, care, and treatment of residents
3871
who are removed from a facility licensed under this part or a
3872
facility specified in s. 393.0678(1) in which the agency
3873
determines that existing conditions or practices constitute an
3874
immediate danger to the health, safety, or security of the
3875
residents. If the agency determines that it is in the best
3876
interest of the health, safety, or security of the residents to
3877
provide for an orderly removal of the residents from the
3878
facility, the agency may utilize such funds to maintain and care
3879
for the residents in the facility pending removal and alternative
3880
placement. The maintenance and care of the residents shall be
3881
under the direction and control of a receiver appointed pursuant
3883
expended in an emergency upon a filing of a petition for a
3884
receiver, upon the declaration of a state of local emergency
3885
pursuant to s. 252.38(3)(a)5., or upon a duly authorized local
3886
order of evacuation of a facility by emergency personnel to
3887
protect the health and safety of the residents.
3888
Reviser's note.--Amended to conform to the redesignation of
3890
Laws of Florida.
3891
Section 102. Subsection (1) of section 400.0712, Florida
3892
Statutes, is amended to read:
3893
400.0712 Application for inactive license.--
3894
(1) As specified in s. 408.831(4) 408.321(4) and this
3895
section, the agency may issue an inactive license to a nursing
3896
home facility for all or a portion of its beds. Any request by a
3897
licensee that a nursing home or portion of a nursing home become
3898
inactive must be submitted to the agency in the approved format.
3899
The facility may not initiate any suspension of services, notify
3900
residents, or initiate inactivity before receiving approval from
3901
the agency; and a licensee that violates this provision may not
3902
be issued an inactive license.
3903
Reviser's note.--Amended to confirm the editorial
3904
substitution of a reference to s. 408.831(4) for a reference
3905
to nonexistent s. 408.321(4); s. 408.831(4) relates to
3906
issuance of inactive licenses.
3907
Section 103. Subsections (3) and (12) of section 400.506,
3908
Florida Statutes, are amended to read:
3909
400.506 Licensure of nurse registries; requirements;
3910
penalties.--
3911
(3) In accordance with s. 408.805, an applicant or licensee
3912
shall pay a fee for each license application submitted under ss.
3914
applicable rules. The amount of the fee shall be established by
3915
rule and may not exceed $2,000 per biennium.
3916
(12) Each nurse registry shall prepare and maintain a
3917
comprehensive emergency management plan that is consistent with
3918
the criteria in this subsection and with the local special needs
3919
plan. The plan shall be updated annually. The plan shall include
3920
the means by which the nurse registry will continue to provide
3921
the same type and quantity of services to its patients who
3922
evacuate to special needs shelters which were being provided to
3923
those patients prior to evacuation. The plan shall specify how
3924
the nurse registry shall facilitate the provision of continuous
3925
care by persons referred for contract to persons who are
3926
registered pursuant to s. 252.355 during an emergency that
3927
interrupts the provision of care or services in private
3928
residences. Nurse registries may establish links to local
3929
emergency operations centers to determine a mechanism by which to
3930
approach specific areas within a disaster area in order for a
3931
provider to reach its clients. Nurse registries shall demonstrate
3932
a good faith effort to comply with the requirements of this
3933
subsection by documenting attempts of staff to follow procedures
3934
outlined in the nurse registry's comprehensive emergency
3935
management plan which support a finding that the provision of
3936
continuing care has been attempted for patients identified as
3937
needing care by the nurse registry and registered under s.
3938
252.355 in the event of an emergency under this subsection (1).
3939
(a) All persons referred for contract who care for persons
3940
registered pursuant to s. 252.355 must include in the patient
3941
record a description of how care will be continued during a
3942
disaster or emergency that interrupts the provision of care in
3943
the patient's home. It shall be the responsibility of the person
3944
referred for contract to ensure that continuous care is provided.
3945
(b) Each nurse registry shall maintain a current
3946
prioritized list of patients in private residences who are
3947
registered pursuant to s. 252.355 and are under the care of
3948
persons referred for contract and who need continued services
3949
during an emergency. This list shall indicate, for each patient,
3950
if the client is to be transported to a special needs shelter and
3951
if the patient is receiving skilled nursing services. Nurse
3952
registries shall make this list available to county health
3953
departments and to local emergency management agencies upon
3954
request.
3955
(c) Each person referred for contract who is caring for a
3956
patient who is registered pursuant to s. 252.355 shall provide a
3957
list of the patient's medication and equipment needs to the nurse
3958
registry. Each person referred for contract shall make this
3959
information available to county health departments and to local
3960
emergency management agencies upon request.
3961
(d) Each person referred for contract shall not be required
3962
to continue to provide care to patients in emergency situations
3963
that are beyond the person's control and that make it impossible
3964
to provide services, such as when roads are impassable or when
3965
patients do not go to the location specified in their patient
3966
records.
3967
(e) The comprehensive emergency management plan required by
3968
this subsection is subject to review and approval by the county
3969
health department. During its review, the county health
3970
department shall contact state and local health and medical
3971
stakeholders when necessary. The county health department shall
3972
complete its review to ensure that the plan complies with the
3973
criteria in the Agency for Health Care Administration rules
3974
within 90 days after receipt of the plan and shall either approve
3975
the plan or advise the nurse registry of necessary revisions. If
3976
a nurse registry fails to submit a plan or fails to submit
3977
requested information or revisions to the county health
3978
department within 30 days after written notification from the
3979
county health department, the county health department shall
3980
notify the Agency for Health Care Administration. The agency
3981
shall notify the nurse registry that its failure constitutes a
3982
deficiency, subject to a fine of $5,000 per occurrence. If the
3983
plan is not submitted, information is not provided, or revisions
3984
are not made as requested, the agency may impose the fine.
3985
(f) The Agency for Health Care Administration shall adopt
3986
rules establishing minimum criteria for the comprehensive
3987
emergency management plan and plan updates required by this
3988
subsection, with the concurrence of the Department of Health and
3989
in consultation with the Department of Community Affairs.
3990
Reviser's note.--Subsection (3) is amended to correct an
3991
erroneous reference. Section 400.508 does not exist; ss.
3993
range appears elsewhere in the section as amended by s. 80,
3994
ch. 2007-230, Laws of Florida. Subsection (12) is amended to
3995
correct an erroneous reference. Subsection (1) does not
3996
reference emergencies; subsection (12) provides for a
3997
comprehensive emergency management plan.
3998
Section 104. Subsection (5) of section 400.995, Florida
3999
Statutes, is amended to read:
4000
400.995 Agency administrative penalties.--
4001
(5) Any clinic whose owner fails to apply for a change-of-
4002
ownership license in accordance with s. 400.992 and operates the
4003
clinic under the new ownership is subject to a fine of $5,000.
4004
Reviser's note.--Amended to conform to the repeal of s.
4005
400.992 by s. 125, ch. 2007-230, Laws of Florida.
4006
Section 105. Paragraph (a) of subsection (13) of section
4007
403.031, Florida Statutes, is amended to read:
4008
403.031 Definitions.--In construing this chapter, or rules
4009
and regulations adopted pursuant hereto, the following words,
4010
phrases, or terms, unless the context otherwise indicates, have
4011
the following meanings:
4012
(13) "Waters" include, but are not limited to, rivers,
4013
lakes, streams, springs, impoundments, wetlands, and all other
4014
waters or bodies of water, including fresh, brackish, saline,
4015
tidal, surface, or underground waters. Waters owned entirely by
4016
one person other than the state are included only in regard to
4017
possible discharge on other property or water. Underground waters
4018
include, but are not limited to, all underground waters passing
4019
through pores of rock or soils or flowing through in channels,
4020
whether manmade or natural. Solely for purposes of s. 403.0885,
4021
waters of the state also include navigable waters or waters of
4022
the contiguous zone as used in s. 502 of the Clean Water Act, as
4023
amended, 33 U.S.C. ss. 1251 et seq., as in existence on January
4024
1, 1993, except for those navigable waters seaward of the
4025
boundaries of the state set forth in s. 1, Art. II of the State
4026
Constitution. Solely for purposes of this chapter, waters of the
4027
state also include the area bounded by the following:
4028
(a) Commence at the intersection of State Road (SRD) 5
4029
(U.S. 1) and the county line dividing Miami-Dade Dade and Monroe
4030
Counties, said point also being the mean high-water line of
4031
Florida Bay, located in section 4, township 60 south, range 39
4032
east of the Tallahassee Meridian for the point of beginning. From
4033
said point of beginning, thence run northwesterly along said SRD
4034
5 to an intersection with the north line of section 18, township
4035
58 south, range 39 east; thence run westerly to a point marking
4036
the southeast corner of section 12, township 58 south, range 37
4037
east, said point also lying on the east boundary of the
4038
Everglades National Park; thence run north along the east
4039
boundary of the aforementioned Everglades National Park to a
4040
point marking the northeast corner of section 1, township 58
4041
south, range 37 east; thence run west along said park to a point
4042
marking the northwest corner of said section 1; thence run
4043
northerly along said park to a point marking the northwest corner
4044
of section 24, township 57 south, range 37 east; thence run
4045
westerly along the south lines of sections 14, 15, and 16 to the
4046
southwest corner of section 16; thence leaving the Everglades
4047
National Park boundary run northerly along the west line of
4048
section 16 to the northwest corner of section 16; thence east
4049
along the northerly line of section 16 to a point at the
4050
intersection of the east one-half and west one-half of section 9;
4051
thence northerly along the line separating the east one-half and
4052
the west one-half of sections 9, 4, 33, and 28; thence run
4053
easterly along the north line of section 28 to the northeast
4054
corner of section 28; thence run northerly along the west line of
4055
section 22 to the northwest corner of section 22; thence easterly
4056
along the north line of section 22 to a point at the intersection
4057
of the east one-half and west one-half of section 15; thence run
4058
northerly along said line to the point of intersection with the
4059
north line of section 15; thence easterly along the north line of
4060
section 15 to the northeast corner of section 15; thence run
4061
northerly along the west lines of sections 11 and 2 to the
4062
northwest corner of section 2; thence run easterly along the
4063
north lines of sections 2 and 1 to the northeast corner of
4064
section 1, township 56 south, range 37 east; thence run north
4065
along the east line of section 36, township 55 south, range 37
4066
east to the northeast corner of section 36; thence run west along
4067
the north line of section 36 to the northwest corner of section
4068
36; thence run north along the west line of section 25 to the
4069
northwest corner of section 25; thence run west along the north
4070
line of section 26 to the northwest corner of section 26; thence
4071
run north along the west line of section 23 to the northwest
4072
corner of section 23; thence run easterly along the north line of
4073
section 23 to the northeast corner of section 23; thence run
4074
north along the west line of section 13 to the northwest corner
4075
of section 13; thence run east along the north line of section 13
4076
to a point of intersection with the west line of the southeast
4077
one-quarter of section 12; thence run north along the west line
4078
of the southeast one-quarter of section 12 to the northwest
4079
corner of the southeast one-quarter of section 12; thence run
4080
east along the north line of the southeast one-quarter of section
4081
12 to the point of intersection with the east line of section 12;
4082
thence run east along the south line of the northwest one-quarter
4083
of section 7 to the southeast corner of the northwest one-quarter
4084
of section 7; thence run north along the east line of the
4085
northwest one-quarter of section 7 to the point of intersection
4086
with the north line of section 7; thence run northerly along the
4087
west line of the southeast one-quarter of section 6 to the
4088
northwest corner of the southeast one-quarter of section 6;
4089
thence run east along the north lines of the southeast one-
4090
quarter of section 6 and the southwest one-quarter of section 5
4091
to the northeast corner of the southwest one-quarter of section
4092
5; thence run northerly along the east line of the northwest one-
4093
quarter of section 5 to the point of intersection with the north
4094
line of section 5; thence run northerly along the line dividing
4095
the east one-half and the west one-half of Lot 5 to a point
4096
intersecting the north line of Lot 5; thence run east along the
4097
north line of Lot 5 to the northeast corner of Lot 5, township 54
4098
1/2 south, range 38 east; thence run north along the west line of
4099
section 33, township 54 south, range 38 east to a point
4100
intersecting the northwest corner of the southwest one-quarter of
4101
section 33; thence run easterly along the north line of the
4102
southwest one-quarter of section 33 to the northeast corner of
4103
the southwest one-quarter of section 33; thence run north along
4104
the west line of the northeast one-quarter of section 33 to a
4105
point intersecting the north line of section 33; thence run
4106
easterly along the north line of section 33 to the northeast
4107
corner of section 33; thence run northerly along the west line of
4108
section 27 to a point intersecting the northwest corner of the
4109
southwest one-quarter of section 27; thence run easterly to the
4110
northeast corner of the southwest one-quarter of section 27;
4111
thence run northerly along the west line of the northeast one-
4112
quarter of section 27 to a point intersecting the north line of
4113
section 27; thence run west along the north line of section 27 to
4114
the northwest corner of section 27; thence run north along the
4115
west lines of sections 22 and 15 to the northwest corner of
4116
section 15; thence run easterly along the north lines of sections
4117
15 and 14 to the point of intersection with the L-31N Levee, said
4118
intersection located near the southeast corner of section 11,
4119
township 54 south, range 38 east; thence run northerly along
4120
Levee L-31N crossing SRD 90 (U.S. 41 Tamiami Trail) to an
4121
intersection common to Levees L-31N, L-29, and L-30, said
4122
intersection located near the southeast corner of section 2,
4123
township 54 south, range 38 east; thence run northeasterly,
4124
northerly, and northeasterly along Levee L-30 to a point of
4125
intersection with the Miami-Dade/Broward Dade/Broward Levee, said
4126
intersection located near the northeast corner of section 17,
4127
township 52 south, range 39 east; thence run due east to a point
4128
of intersection with SRD 27 (Krome Ave.); thence run
4129
northeasterly along SRD 27 to an intersection with SRD 25 (U.S.
4130
27), said intersection located in section 3, township 52 south,
4131
range 39 east; thence run northerly along said SRD 25, entering
4132
into Broward County, to an intersection with SRD 84 at Andytown;
4133
thence run southeasterly along the aforementioned SRD 84 to an
4134
intersection with the southwesterly prolongation of Levee L-35A,
4135
said intersection being located in the northeast one-quarter of
4136
section 5, township 50 south, range 40 east; thence run
4137
northeasterly along Levee L-35A to an intersection of Levee L-36,
4138
said intersection located near the southeast corner of section
4139
12, township 49 south, range 40 east; thence run northerly along
4140
Levee L-36, entering into Palm Beach County, to an intersection
4141
common to said Levees L-36, L-39, and L-40, said intersection
4142
located near the west quarter corner of section 19, township 47
4143
south, range 41 east; thence run northeasterly, easterly, and
4144
northerly along Levee L-40, said Levee L-40 being the easterly
4145
boundary of the Loxahatchee National Wildlife Refuge, to an
4146
intersection with SRD 80 (U.S. 441), said intersection located
4147
near the southeast corner of section 32, township 43 south, range
4148
40 east; thence run westerly along the aforementioned SRD 80 to a
4149
point marking the intersection of said road and the northeasterly
4150
prolongation of Levee L-7, said Levee L-7 being the westerly
4151
boundary of the Loxahatchee National Wildlife Refuge; thence run
4152
southwesterly and southerly along said Levee L-7 to an
4153
intersection common to Levees L-7, L-15 (Hillsborough Canal), and
4154
L-6; thence run southwesterly along Levee L-6 to an intersection
4155
common to Levee L-6, SRD 25 (U.S. 27), and Levee L-5, said
4156
intersection being located near the northwest corner of section
4157
27, township 47 south, range 38 east; thence run westerly along
4158
the aforementioned Levee L-5 to a point intersecting the east
4159
line of range 36 east; thence run northerly along said range line
4160
to a point marking the northeast corner of section 1, township 47
4161
south, range 36 east; thence run westerly along the north line of
4162
township 47 south, to an intersection with Levee L-23/24 (Miami
4163
Canal); thence run northwesterly along the Miami Canal Levee to a
4164
point intersecting the north line of section 22, township 46
4165
south, range 35 east; thence run westerly to a point marking the
4166
northwest corner of section 21, township 46 south, range 35 east;
4167
thence run southerly to the southwest corner of said section 21;
4168
thence run westerly to a point marking the northwest corner of
4169
section 30, township 46 south, range 35 east, said point also
4170
being on the line dividing Palm Beach and Hendry Counties; from
4171
said point, thence run southerly along said county line to a
4172
point marking the intersection of Broward, Hendry, and Collier
4173
Counties, said point also being the northeast corner of section
4174
1, township 49 south, range 34 east; thence run westerly along
4175
the line dividing Hendry and Collier Counties and continuing
4176
along the prolongation thereof to a point marking the southwest
4177
corner of section 36, township 48 south, range 29 east; thence
4178
run southerly to a point marking the southwest corner of section
4179
12, township 49 south, range 29 east; thence run westerly to a
4180
point marking the southwest corner of section 10, township 49
4181
south, range 29 east; thence run southerly to a point marking the
4182
southwest corner of section 15, township 49 south, range 29 east;
4183
thence run westerly to a point marking the northwest corner of
4184
section 24, township 49 south, range 28 east, said point lying on
4185
the west boundary of the Big Cypress Area of Critical State
4186
Concern as described in rule 28-25.001, Florida Administrative
4187
Code; thence run southerly along said boundary crossing SRD 84
4188
(Alligator Alley) to a point marking the southwest corner of
4189
section 24, township 50 south, range 28 east; thence leaving the
4190
aforementioned west boundary of the Big Cypress Area of Critical
4191
State Concern run easterly to a point marking the northeast
4192
corner of section 25, township 50 south, range 28 east; thence
4193
run southerly along the east line of range 28 east to a point
4194
lying approximately 0.15 miles south of the northeast corner of
4195
section 1, township 52 south, range 28 east; thence run
4196
southwesterly 2.4 miles more or less to an intersection with SRD
4197
90 (U.S. 41 Tamiami Trail), said intersection lying 1.1 miles
4198
more or less west of the east line of range 28 east; thence run
4199
northwesterly and westerly along SRD 90 to an intersection with
4200
the west line of section 10, township 52 south, range 28 east;
4201
thence leaving SRD 90 run southerly to a point marking the
4202
southwest corner of section 15, township 52 south, range 28 east;
4203
thence run westerly crossing the Faka Union Canal 0.6 miles more
4204
or less to a point; thence run southerly and parallel to the Faka
4205
Union Canal to a point located on the mean high-water line of
4206
Faka Union Bay; thence run southeasterly along the mean high-
4207
water line of the various bays, rivers, inlets, and streams to
4208
the point of beginning.
4209
Reviser's note.--Amended to conform to the redesignation of
4210
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4211
Dade County Code.
4212
Section 106. Subsection (2) of section 403.201, Florida
4213
Statutes, is amended to read:
4214
403.201 Variances.--
4215
(2) No variance shall be granted from any provision or
4216
requirement concerning discharges of waste into waters of the
4217
state or hazardous waste management which would result in the
4218
provision or requirement being less stringent than a comparable
4219
federal provision or requirement, except as provided in s.
4220
403.70715 403.7221.
4221
Reviser's note.--Amended to conform to the redesignation of
4222
s. 403.7221 as s. 403.70715 by s. 20, ch. 2007-184, Laws of
4223
Florida.
4224
Section 107. Paragraph (a) of subsection (6) of section
4225
403.707, Florida Statutes, is amended to read:
4226
403.707 Permits.--
4227
(6) The department may issue a construction permit pursuant
4228
to this part only to a solid waste management facility that
4229
provides the conditions necessary to control the safe movement of
4230
wastes or waste constituents into surface or ground waters or the
4231
atmosphere and that will be operated, maintained, and closed by
4232
qualified and properly trained personnel. Such facility must if
4233
necessary:
4234
(a) Use natural or artificial barriers that which are
4235
capable of controlling lateral or vertical movement of wastes or
4236
waste constituents into surface or ground waters.
4237
4238
Open fires, air-curtain incinerators, or trench burning may not
4239
be used as a means of disposal at a solid waste management
4240
facility, unless permitted by the department under s. 403.087.
4241
Reviser's note.--Amended to confirm the editorial deletion
4242
of the word "which" following the word "that" to correct a
4243
drafting error that occurred in the amendment to the section
4244
by s. 12, ch. 2007-184, Laws of Florida.
4245
Section 108. Subsections (1),(2), and (3) of section
4246
403.890, Florida Statutes, as amended by section 2 of chapter
4247
2007-335, Laws of Florida, are amended to read:
4248
403.890 Water Protection and Sustainability Program;
4249
intent; goals; purposes.--
4250
(1) Effective July 1, 2006, revenues transferred from the
4251
Department of Revenue pursuant to s. 201.15(1)(d)2. shall be
4252
deposited into the Water Protection and Sustainability Program
4253
Trust Fund in the Department of Environmental Protection. These
4254
revenues and any other additional revenues deposited into or
4255
appropriated to the Water Protection and Sustainability Program
4256
Trust Fund shall be distributed by the Department of
4257
Environmental Protection in the following manner:
4258
(a) Sixty percent to the Department of Environmental
4259
Protection for the implementation of an alternative water supply
4260
program as provided in s. 373.1961.
4261
(b) Twenty percent for the implementation of best
4262
management practices and capital project expenditures necessary
4263
for the implementation of the goals of the total maximum daily
4264
load program established in s. 403.067. Of these funds, 85
4265
percent shall be transferred to the credit of the Department of
4266
Environmental Protection Water Quality Assurance Trust Fund to
4267
address water quality impacts associated with nonagricultural
4268
nonpoint sources. Fifteen percent of these funds shall be
4269
transferred to the Department of Agriculture and Consumer
4270
Services General Inspection Trust Fund to address water quality
4271
impacts associated with agricultural nonpoint sources. These
4272
funds shall be used for research, development, demonstration, and
4273
implementation of the total maximum daily load program under s.
4274
403.067, suitable best management practices or other measures
4275
used to achieve water quality standards in surface waters and
4276
water segments identified pursuant to s. 303(d) of the Clean
4277
Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
4278
Implementation of best management practices and other measures
4279
may include cost-share grants, technical assistance,
4280
implementation tracking, and conservation leases or other
4281
agreements for water quality improvement. The Department of
4282
Environmental Protection and the Department of Agriculture and
4283
Consumer Services may adopt rules governing the distribution of
4284
funds for implementation of capital projects, best management
4285
practices, and other measures. These funds shall not be used to
4286
abrogate the financial responsibility of those point and nonpoint
4287
sources that have contributed to the degradation of water or land
4288
areas. Increased priority shall be given by the department and
4289
the water management district governing boards to those projects
4290
that have secured a cost-sharing agreement allocating
4291
responsibility for the cleanup of point and nonpoint sources.
4292
(c) Ten percent shall be disbursed for the purposes of
4294
restoration activities in water-management-district-designated
4295
priority water bodies. The Secretary of Environmental Protection
4296
shall ensure that each water management district receives the
4297
following percentage of funds annually:
4298
1. Thirty-five percent to the South Florida Water
4299
Management District;
4300
2. Twenty-five percent to the Southwest Florida Water
4301
Management District;
4302
3. Twenty-five percent to the St. Johns River Water
4303
Management District;
4304
4. Seven and one-half percent to the Suwannee River Water
4305
Management District; and
4306
5. Seven and one-half percent to the Northwest Florida
4307
Water Management District.
4308
(d) Ten percent to the Department of Environmental
4309
Protection for the Disadvantaged Small Community Wastewater Grant
4310
Program as provided in s. 403.1838.
4311
(2) Applicable beginning in the 2007-2008 fiscal year,
4312
revenues transferred from the Department of Revenue pursuant to
4313
s. 201.15(1)(d)2. shall be deposited into the Water Protection
4314
and Sustainability Program Trust Fund in the Department of
4315
Environmental Protection. These revenues and any other additional
4316
revenues deposited into or appropriated to the Water Protection
4317
and Sustainability Program Trust Fund shall be distributed by the
4318
Department of Environmental Protection in the following manner:
4319
(a) Sixty-five percent to the Department of Environmental
4320
Protection for the implementation of an alternative water supply
4321
program as provided in s. 373.1961.
4322
(b) Twenty-two and five-tenths percent for the
4323
implementation of best management practices and capital project
4324
expenditures necessary for the implementation of the goals of the
4325
total maximum daily load program established in s. 403.067. Of
4326
these funds, 83.33 percent shall be transferred to the credit of
4327
the Department of Environmental Protection Water Quality
4328
Assurance Trust Fund to address water quality impacts associated
4329
with nonagricultural nonpoint sources. Sixteen and sixty-seven
4330
hundredths percent of these funds shall be transferred to the
4331
Department of Agriculture and Consumer Services General
4332
Inspection Trust Fund to address water quality impacts associated
4333
with agricultural nonpoint sources. These funds shall be used for
4334
research, development, demonstration, and implementation of the
4335
total maximum daily load program under s. 403.067, suitable best
4336
management practices or other measures used to achieve water
4337
quality standards in surface waters and water segments identified
4338
pursuant to s. 303(d) of the Clean Water Act, Pub. L. No. 92-500,
4339
33 U.S.C. ss. 1251 et seq. Implementation of best management
4340
practices and other measures may include cost-share grants,
4341
technical assistance, implementation tracking, and conservation
4342
leases or other agreements for water quality improvement. The
4343
Department of Environmental Protection and the Department of
4344
Agriculture and Consumer Services may adopt rules governing the
4345
distribution of funds for implementation of capital projects,
4346
best management practices, and other measures. These funds shall
4347
not be used to abrogate the financial responsibility of those
4348
point and nonpoint sources that have contributed to the
4349
degradation of water or land areas. Increased priority shall be
4350
given by the department and the water management district
4351
governing boards to those projects that have secured a cost-
4352
sharing agreement allocating responsibility for the cleanup of
4353
point and nonpoint sources.
4354
(c) Twelve and five-tenths percent to the Department of
4355
Environmental Protection for the Disadvantaged Small Community
4356
Wastewater Grant Program as provided in s. 403.1838.
4357
(d) On June 30, 2009, and every 24 months thereafter, the
4358
Department of Environmental Protection shall request the return
4359
of all unencumbered funds distributed pursuant to this section.
4360
These funds shall be deposited into the Water Protection and
4361
Sustainability Program Trust Fund and redistributed pursuant to
4362
the provisions of this section.
4363
(3) For fiscal year 2005-2006, funds deposited or
4364
appropriated into the Water Protection and Sustainability Program
4365
Trust Fund shall be distributed as follows:
4366
(a) One hundred million dollars to the Department of
4367
Environmental Protection for the implementation of an alternative
4368
water supply program as provided in s. 373.1961.
4369
(b) Funds remaining after the distribution provided for in
4370
subsection (1) shall be distributed as follows:
4371
1. Fifty percent for the implementation of best management
4372
practices and capital project expenditures necessary for the
4373
implementation of the goals of the total maximum daily load
4374
program established in s. 403.067. Of these funds, 85 percent
4375
shall be transferred to the credit of the Department of
4376
Environmental Protection Water Quality Assurance Trust Fund to
4377
address water quality impacts associated with nonagricultural
4378
nonpoint sources. Fifteen percent of these funds shall be
4379
transferred to the Department of Agriculture and Consumer
4380
Services General Inspection Trust Fund to address water quality
4381
impacts associated with agricultural nonpoint sources. These
4382
funds shall be used for research, development, demonstration, and
4383
implementation of suitable best management practices or other
4384
measures used to achieve water quality standards in surface
4385
waters and water segments identified pursuant to s. 303(d) of the
4386
Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
4387
Implementation of best management practices and other measures
4388
may include cost-share grants, technical assistance,
4389
implementation tracking, and conservation leases or other
4390
agreements for water quality improvement. The Department of
4391
Environmental Protection and the Department of Agriculture and
4392
Consumer Services may adopt rules governing the distribution of
4393
funds for implementation of best management practices. These
4394
funds shall not be used to abrogate the financial responsibility
4395
of those point and nonpoint sources that have contributed to the
4396
degradation of water or land areas. Increased priority shall be
4397
given by the department and the water management district
4398
governing boards to those projects that have secured a cost-
4399
sharing agreement allocating responsibility for the cleanup of
4400
point and nonpoint sources.
4401
2. Twenty-five percent for the purposes of funding projects
4403
activities in water-management-district-designated priority water
4404
bodies. The Secretary of Environmental Protection shall ensure
4405
that each water management district receives the following
4406
percentage of funds annually:
4407
a. Thirty-five percent to the South Florida Water
4408
Management District;
4409
b. Twenty-five percent to the Southwest Florida Water
4410
Management District;
4411
c. Twenty-five percent to the St. Johns River Water
4412
Management District;
4413
d. Seven and one-half percent to the Suwannee River Water
4414
Management District; and
4415
e. Seven and one-half percent to the Northwest Florida
4416
Water Management District.
4417
3. Twenty-five percent to the Department of Environmental
4418
Protection for the Disadvantaged Small Community Wastewater Grant
4419
Program as provided in s. 403.1838.
4420
4421
Prior to the end of the 2008 Regular Session, the Legislature
4422
must review the distribution of funds under the Water Protection
4423
and Sustainability Program to determine if revisions to the
4424
funding formula are required. At the discretion of the President
4425
of the Senate and the Speaker of the House of Representatives,
4426
the appropriate substantive committees of the Legislature may
4427
conduct an interim project to review the Water Protection and
4428
Sustainability Program and the funding formula and make written
4429
recommendations to the Legislature proposing necessary changes,
4430
if any.
4431
Reviser's note.--Amended to confirm the insertion of the
4432
word "Program" by the editors to conform to the name of the
4433
trust fund at s. 403.891, which creates the fund.
4434
Section 109. Section 403.8911, Florida Statutes, is amended
4435
to read:
4436
403.8911 Annual appropriation from the Water Protection and
4437
Sustainability Program Trust Fund.--
4438
(1) Funds paid into the Water Protection and Sustainability
4439
Program Trust Fund pursuant to s. 201.15(1)(d) are hereby
4440
annually appropriated for expenditure for the purposes for which
4441
the Water Protection and Sustainability Program Trust Fund is
4442
established.
4443
(2) If the Water Protection and Sustainability Program
4444
Trust Fund is not created, such funds are hereby annually
4445
appropriated for expenditure from the Ecosystem Management and
4446
Restoration Trust Fund solely for the purposes established in s.
4447
4448
Reviser's note.--Amended to conform to the name of the trust
4449
fund at s. 403.891, which creates the fund.
4450
Section 110. Subsections (6), (7), and (12) and paragraph
4451
(b) of subsection (13) of section 403.973, Florida Statutes, are
4452
amended to read:
4453
403.973 Expedited permitting; comprehensive plan
4454
amendments.--
4455
(6) The local government shall hold a duly noticed public
4456
hearing to execute a memorandum of agreement for each qualified
4457
project. Notwithstanding any other provision of law, and at the
4458
option of the local government, the workshop provided for in
4459
subsection (5) (6) may be conducted on the same date as the
4460
public hearing held under this subsection. The memorandum of
4461
agreement that a local government signs shall include a provision
4462
identifying necessary local government procedures and time limits
4463
that will be modified to allow for the local government decision
4464
on the project within 90 days. The memorandum of agreement
4465
applies to projects, on a case-by-case basis, that qualify for
4466
special review and approval as specified in this section. The
4467
memorandum of agreement must make it clear that this expedited
4468
permitting and review process does not modify, qualify, or
4469
otherwise alter existing local government nonprocedural standards
4470
for permit applications, unless expressly authorized by law.
4471
(7) At the option of the participating local government,
4472
appeals of its final approval for a project may be pursuant to
4473
the summary hearing provisions of s. 120.574, pursuant to
4474
subsection (14) (15), or pursuant to other appellate processes
4475
available to the local government. The local government's
4476
decision to enter into a summary hearing must be made as provided
4477
in s. 120.574 or in the memorandum of agreement.
4478
(12) The applicant, the regional permit action team, and
4479
participating local governments may agree to incorporate into a
4480
single document the permits, licenses, and approvals that are
4481
obtained through the expedited permit process. This consolidated
4482
permit is subject to the summary hearing provisions set forth in
4483
subsection (14) (15).
4484
(13) Notwithstanding any other provisions of law:
4485
(b) Projects qualified under this section are not subject
4486
to interstate highway level-of-service standards adopted by the
4487
Department of Transportation for concurrency purposes. The
4488
memorandum of agreement specified in subsection (5) (6) must
4489
include a process by which the applicant will be assessed a fair
4490
share of the cost of mitigating the project's significant traffic
4491
impacts, as defined in chapter 380 and related rules. The
4492
agreement must also specify whether the significant traffic
4493
impacts on the interstate system will be mitigated through the
4494
implementation of a project or payment of funds to the Department
4495
of Transportation. Where funds are paid, the Department of
4496
Transportation must include in the 5-year work program
4497
transportation projects or project phases, in an amount equal to
4498
the funds received, to mitigate the traffic impacts associated
4499
with the proposed project.
4500
Reviser's note.--Amended to conform to the repeal of former
4501
subsection (4) by s. 23, ch. 2007-105, Laws Of Florida.
4502
Section 111. Subsection (5) of section 408.032, Florida
4503
Statutes, is amended to read:
4504
408.032 Definitions relating to Health Facility and
4506
term:
4507
(5) "District" means a health service planning district
4508
composed of the following counties:
4509
District 1.--Escambia, Santa Rosa, Okaloosa, and Walton
4510
Counties.
4511
District 2.--Holmes, Washington, Bay, Jackson, Franklin,
4512
Gulf, Gadsden, Liberty, Calhoun, Leon, Wakulla, Jefferson,
4513
Madison, and Taylor Counties.
4514
District 3.--Hamilton, Suwannee, Lafayette, Dixie, Columbia,
4515
Gilchrist, Levy, Union, Bradford, Putnam, Alachua, Marion,
4516
Citrus, Hernando, Sumter, and Lake Counties.
4517
District 4.--Baker, Nassau, Duval, Clay, St. Johns, Flagler,
4518
and Volusia Counties.
4519
District 5.--Pasco and Pinellas Counties.
4520
District 6.--Hillsborough, Manatee, Polk, Hardee, and
4521
Highlands Counties.
4522
District 7.--Seminole, Orange, Osceola, and Brevard
4523
Counties.
4524
District 8.--Sarasota, DeSoto, Charlotte, Lee, Glades,
4525
Hendry, and Collier Counties.
4526
District 9.--Indian River, Okeechobee, St. Lucie, Martin,
4527
and Palm Beach Counties.
4528
District 10.--Broward County.
4529
District 11.--Miami-Dade Dade and Monroe Counties.
4530
Reviser's note.--Amended to conform to the redesignation of
4531
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4532
Dade County Code.
4533
Section 112. Paragraph (b) of subsection (2) of section
4534
409.166, Florida Statutes, is amended to read:
4535
409.166 Children within the child welfare system; adoption
4536
assistance program.--
4537
(2) DEFINITIONS.--As used in this section, the term:
4538
(b) "Adoption assistance" means financial assistance and
4539
services provided to a child and his or her adoptive family. Such
4540
assistance may include a maintenance subsidy, medical assistance,
4541
Medicaid assistance, and reimbursement of nonrecurring expenses
4542
associated with the legal adoption. The term also includes a
4543
tuition exemption at a postsecondary career program, community
4544
college, or state university, and a state employee adoption
4545
benefit under s. 409.1663 110.152.
4546
Reviser's note.--Amended to conform to the repeal of s.
4547
110.152 by s. 3, ch. 2007-119, Laws of Florida, and the
4548
enactment of similar provisions in s. 409.1663 by s. 1, ch.
4549
2007-119.
4550
Section 113. Subsection (2) of section 409.1677, Florida
4551
Statutes, is amended to read:
4552
409.1677 Model comprehensive residential services
4553
programs.--
4554
(2) The department shall establish a model comprehensive
4555
residential services program in Dade and Manatee and Miami-Dade
4556
Counties through a contract with the designated lead agency
4557
established in accordance with s. 409.1671 or with a private
4558
entity capable of providing residential group care and home-based
4559
care and experienced in the delivery of a range of services to
4560
foster children, if no lead agency exists. These model programs
4561
are to serve that portion of eligible children within each county
4562
which is specified in the contract, based on funds appropriated,
4563
to include a full array of services for a fixed price. The
4564
private entity or lead agency is responsible for all programmatic
4565
functions necessary to carry out the intent of this section.
4566
Reviser's note.--Amended to conform to the redesignation of
4567
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4568
Dade County Code.
4569
Section 114. Subsection (2) of section 409.25661, Florida
4570
Statutes, is amended to read:
4571
409.25661 Public records exemption for insurance claim data
4572
exchange information.--
4573
(2) This section is subject to the Open Government Sunset
4574
Review Act of 1995 in accordance with s. 119.15 and shall stand
4575
repealed on October 2, 2009, unless reviewed and saved from
4576
repeal through reenactment by the Legislature.
4577
Reviser's note.--Amended to conform to the renaming of the
4578
"Open Government Sunset Review Act of 1995" as the "Open
4579
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
4580
of Florida.
4581
Section 115. Subsection (4) of section 413.271, Florida
4582
Statutes, is repealed.
4583
Reviser's note.--Repealed to delete obsolete provisions. The
4584
cited subsection provided that the Florida Coordinating
4585
Council for the Deaf and Hard of Hearing provide reports and
4586
recommendations by January 1, 2005, and January 1, 2006.
4587
Section 116. Paragraph (d) of subsection (12) of section
4588
420.5095, Florida Statutes, is amended to read:
4589
420.5095 Community Workforce Housing Innovation Pilot
4590
Program.--
4591
(12) All eligible applications shall:
4592
(d) Have grants, donations of land, or contributions from
4593
the public-private partnership or other sources collectively
4594
totaling at least 10 percent of the total development cost or $2
4595
million, whichever is less. Such grants, donations of land, or
4596
contributions must be evidenced by a letter of commitment, an
4597
agreement, contract, deed, memorandum of understanding, or other
4598
written instrument at the time of application. Grants, donations
4599
of land, or contributions in excess of 10 percent of the
4600
development cost shall increase the application score.
4601
Reviser's note.--Amended to confirm the editorial deletion
4602
of the word "an" following the word "commitment" to correct
4603
sentence construction.
4604
Section 117. Subsection (2) of section 420.9076, Florida
4605
Statutes, is amended to read:
4606
420.9076 Adoption of affordable housing incentive
4607
strategies; committees.--
4608
(2) The governing board of a county or municipality shall
4609
appoint the members of the affordable housing advisory committee
4610
by resolution. Pursuant to the terms of any interlocal agreement,
4611
a county and municipality may create and jointly appoint an
4612
advisory committee to prepare a joint plan. The ordinance adopted
4613
pursuant to s. 420.9072 which creates the advisory committee or
4614
the resolution appointing the advisory committee members must
4615
provide for 11 committee members and their terms. The committee
4616
must include:
4617
(a) One citizen who is actively engaged in the residential
4618
home building industry in connection with affordable housing.
4619
(b) One citizen who is actively engaged in the banking or
4620
mortgage banking industry in connection with affordable housing.
4621
(c) One citizen who is a representative of those areas of
4622
labor actively engaged in home building in connection with
4623
affordable housing.
4624
(d) One citizen who is actively engaged as an advocate for
4625
low-income persons in connection with affordable housing.
4626
(e) One citizen who is actively engaged as a for-profit
4627
provider of affordable housing.
4628
(f) One citizen who is actively engaged as a not-for-profit
4629
provider of affordable housing.
4630
(g) One citizen who is actively engaged as a real estate
4631
professional in connection with affordable housing.
4632
(h) One citizen who actively serves on the local planning
4633
agency pursuant to s. 163.3174.
4634
(i) One citizen who resides within the jurisdiction of the
4635
local governing body making the appointments.
4636
(j) One citizen who represents employers within the
4637
jurisdiction.
4638
(k) One citizen who represents essential services
4639
personnel, as defined in the local housing assistance plan.
4640
4641
If a county or eligible municipality whether due to its small
4642
size, the presence of a conflict of interest by prospective
4643
appointees, or other reasonable factor, is unable to appoint a
4644
citizen actively engaged in these activities in connection with
4645
affordable housing, a citizen engaged in the activity without
4646
regard to affordable housing may be appointed. Local governments
4647
that receive the minimum allocation under the State Housing
4648
Initiatives Partnership Program may elect to appoint an
4649
affordable housing advisory committee with fewer than 11
4650
representatives if they are unable to find representatives who
4651
that meet the criteria of paragraphs (a)-(k).
4652
Reviser's note.--Amended to confirm the editorial
4653
substitution of the word "who" for the word "that" to
4654
improve clarity and facilitate correct interpretation.
4655
Section 118. Subsection (2) of section 429.35, Florida
4656
Statutes, is amended to read:
4657
429.35 Maintenance of records; reports.--
4658
(2) Within 60 days after the date of the biennial
4659
inspection visit required under s. 408.811 or within 30 days
4660
after the date of any interim visit, the agency shall forward the
4661
results of the inspection to the local ombudsman council in whose
4662
planning and service area, as defined in part II I of chapter
4663
400, the facility is located; to at least one public library or,
4664
in the absence of a public library, the county seat in the county
4665
in which the inspected assisted living facility is located; and,
4666
when appropriate, to the district Adult Services and Mental
4667
Health Program Offices.
4668
Reviser's note.--Amended to correct an erroneous reference.
4669
"Planning and service area" is defined in part II of chapter
4670
400.
4671
Section 119. Subsection (1) of section 429.907, Florida
4672
Statutes, is amended to read:
4673
429.907 License requirement; fee; exemption; display.--
4674
(1) The requirements of part II of chapter 408 apply to the
4675
provision of services that require licensure pursuant to this
4676
part and part II of chapter 408 and to entities licensed by or
4677
applying for such licensure from the Agency for Health Care
4678
Administration pursuant to this part. A license issued by the
4679
agency is required in order to operate an adult day care center
4680
in this state.
4681
Reviser's note.--Amended to confirm the editorial insertion
4682
of the word "center" to improve clarity and facilitate
4683
correct interpretation.
4684
Section 120. Subsection (4) of section 440.3851, Florida
4685
Statutes, is amended to read:
4686
440.3851 Public records and public meetings exemptions.--
4687
(4) This section is subject to the Open Government Sunset
4688
Review Act of 1995 in accordance with s. 119.15 and shall stand
4689
repealed on October 2, 2010, unless reviewed and saved from
4690
repeal through reenactment by the Legislature.
4691
Reviser's note.--Amended to conform to the renaming of the
4692
"Open Government Sunset Review Act of 1995" as the "Open
4693
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
4694
of Florida.
4695
Section 121. Paragraph (i) of subsection (5) of section
4696
445.004, Florida Statutes, is repealed.
4697
Reviser's note.--The referenced subsection, which relates to
4698
Enterprise Florida, Inc., working with the Department of
4699
Education and Workforce Florida, Inc., in designating
4700
districts to participate in the CHOICE project under
4701
repealed s. 1003.494, has served its purpose.
4702
Section 122. Section 446.43, Florida Statutes, is amended
4703
to read:
4704
446.43 Scope and coverage of Rural Workforce Services
4705
Program.--The scope of the area to be covered by the Rural
4706
Workforce Services Program will include all counties of the state
4707
not classified as standard metropolitan statistical areas (SMSA)
4708
by the United States Department of Labor Manpower Administration.
4709
Florida's designated SMSA labor areas include: Broward, Miami-
4710
Dade Dade, Duval, Escambia, Hillsborough, Pinellas, Leon, Orange,
4711
and Palm Beach Counties.
4712
Reviser's note.--Amended to conform to the redesignation of
4713
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
4714
Dade County Code.
4715
Section 123. Paragraph (g) of subsection (1) of section
4716
468.832, Florida Statutes, is amended to read:
4717
468.832 Disciplinary proceedings.--
4718
(1) The following acts constitute grounds for which the
4719
disciplinary actions in subsection (2) may be taken:
4720
(g) Engaging in fraud or deceit, or of negligence,
4721
incompetency, or misconduct, in the practice of home inspection
4722
services;
4723
Reviser's note.--Amended to confirm the editorial deletion
4724
of the word "of" preceding the word "negligence" to correct
4725
sentence structure and facilitate correct interpretation.
4726
Section 124. Paragraph (c) of subsection (1) of section
4727
468.8419, Florida Statutes, is amended to read:
4728
468.8419 Prohibitions; penalties.--
4729
(1) A mold assessor, a company that employs a mold
4730
assessor, or a company that is controlled by a company that also
4731
has a financial interest in a company employing a mold assessor
4732
may not:
4733
(c) Use the name or title "certified mold assessor,"
4734
"registered mold assessor," "licensed mold assessor," "mold
4735
assessor," "professional mold assessor," or any combination
4736
thereof unless the person has complied with the provisions of
4737
this part.
4738
Reviser's note.--Amended to confirm the editorial insertion
4739
of the word "of" to correct sentence structure.
4740
Section 125. Paragraph (g) of subsection (1) of section
4741
468.842, Florida Statutes, is amended to read:
4742
468.842 Disciplinary proceedings.--
4743
(1) The following acts constitute grounds for which the
4744
disciplinary actions in subsection (2) may be taken:
4745
(g) Engaging in fraud or deceit, or of negligence,
4746
incompetency, or misconduct, in the practice of mold assessment
4747
or mold remediation;
4748
Reviser's note.--Amended to confirm the editorial deletion
4749
of the word "of" preceding the word "negligence" to correct
4750
sentence structure and facilitate correct interpretation.
4751
Section 126. Subsection (5) of section 477.0135, Florida
4752
Statutes, is amended to read:
4753
477.0135 Exemptions.--
4754
(5) A license is not required of any individual providing
4755
makeup, special effects, or cosmetology services to an actor,
4756
stunt person, musician, extra, or other talent during a
4757
production recognized by the Office of Film and Entertainment as
4759
Such services are not required to be performed in a licensed
4760
salon. Individuals exempt under this subsection may not provide
4761
such services to the general public.
4762
Reviser's note.--Amended to conform to the substantial
4763
rewording of s. 288.1254 by s. 2, ch. 2007-125, Laws of
4764
Florida; s. 288.1254(1) now defines a qualified production.
4765
Section 127. Subsection (6) of section 481.215, Florida
4766
Statutes, is amended to read:
4767
481.215 Renewal of license.--
4768
(6) The board shall require, by rule adopted pursuant to
4770
specialized or advanced courses, approved by the Florida Building
4771
Commission, on any portion of the Florida Building Code, adopted
4772
pursuant to part IV VII of chapter 553, relating to the
4773
licensee's respective area of practice.
4774
Reviser's note.--Amended to correct an erroneous reference.
4775
Part VII of chapter 553 relates to standards for radon-
4776
resistant buildings; part IV of chapter 553 relates to the
4777
Florida Building Code.
4778
Section 128. Subsection (6) of section 481.313, Florida
4779
Statutes, is amended to read:
4780
481.313 Renewal of license.--
4781
(6) The board shall require, by rule adopted pursuant to
4783
specialized or advanced courses, approved by the Florida Building
4784
Commission, on any portion of the Florida Building Code, adopted
4785
pursuant to part IV VII of chapter 553, relating to the
4786
licensee's respective area of practice.
4787
Reviser's note.--Amended to correct an erroneous reference.
4788
Part VII of chapter 553 relates to standards for radon-
4789
resistant buildings; part IV of chapter 553 relates to the
4790
Florida Building Code.
4791
Section 129. Subsection (1) of section 487.048, Florida
4792
Statutes, is amended to read:
4793
487.048 Dealer's license; records.--
4794
(1) Each person holding or offering for sale, selling, or
4795
distributing restricted-use pesticides shall obtain a dealer's
4796
license from the department. Application for the license shall be
4797
made on a form prescribed by the department. The license must be
4798
obtained before entering into business or transferring ownership
4799
of a business. The department may require examination or other
4800
proof of competency of individuals to whom licenses are issued or
4801
of individuals employed by persons to whom licenses are issued.
4802
Demonstration of continued competency may be required for license
4803
renewal, as set by rule. The license shall be renewed annually as
4804
provided by rule. An annual license fee not exceeding $250 shall
4805
be established by rule. However, a user of a restricted-use
4806
pesticide may distribute unopened containers of a properly
4807
labeled pesticide to another user who is legally entitled to use
4808
that restricted-use pesticide without obtaining a pesticide
4809
dealer's license. The exclusive purpose of distribution of the
4810
restricted-use pesticide is to keep it from becoming a hazardous
4812
Reviser's note.--Amended to conform to the substantial
4813
rewording of s. 403.703 by s. 6, ch. 2007-184, Laws of
4814
Florida; s. 403.703(13) now defines hazardous waste.
4815
Section 130. Paragraph (b) of subsection (4) and subsection
4816
(9) of section 489.115, Florida Statutes, are amended to read:
4817
489.115 Certification and registration; endorsement;
4818
reciprocity; renewals; continuing education.--
4819
(4)
4820
(b)1. Each certificateholder or registrant shall provide
4821
proof, in a form established by rule of the board, that the
4822
certificateholder or registrant has completed at least 14
4823
classroom hours of at least 50 minutes each of continuing
4824
education courses during each biennium since the issuance or
4825
renewal of the certificate or registration. The board shall
4826
establish by rule that a portion of the required 14 hours must
4827
deal with the subject of workers' compensation, business
4828
practices, workplace safety, and, for applicable licensure
4829
categories, wind mitigation methodologies, and 1 hour of which
4830
must deal with laws and rules. The board shall by rule establish
4831
criteria for the approval of continuing education courses and
4832
providers, including requirements relating to the content of
4833
courses and standards for approval of providers, and may by rule
4834
establish criteria for accepting alternative nonclassroom
4835
continuing education on an hour-for-hour basis. The board shall
4836
prescribe by rule the continuing education, if any, which is
4837
required during the first biennium of initial licensure. A person
4838
who has been licensed for less than an entire biennium must not
4839
be required to complete the full 14 hours of continuing
4840
education.
4841
2. In addition, the board may approve specialized
4842
continuing education courses on compliance with the wind
4843
resistance provisions for one and two family dwellings contained
4844
in the Florida Building Code and any alternate methodologies for
4845
providing such wind resistance which have been approved for use
4846
by the Florida Building Commission. Division I certificateholders
4847
or registrants who demonstrate proficiency upon completion of
4848
such specialized courses may certify plans and specifications for
4849
one and two family dwellings to be in compliance with the code or
4850
alternate methodologies, as appropriate, except for dwellings
4851
located in floodways or coastal hazard areas as defined in ss.
4852
60.3D and E of the National Flood Insurance Program.
4853
3. Each certificateholder or registrant shall provide to
4854
the board proof of completion of the core curriculum courses, or
4855
passing the equivalency test of the Building Code Training
4856
Program established under s. 553.841, specific to the licensing
4857
category sought, within 2 years after commencement of the program
4858
or of initial certification or registration, whichever is later.
4859
Classroom hours spent taking core curriculum courses shall count
4860
toward the number required for renewal of certificates or
4861
registration. A certificateholder or registrant who passes the
4862
equivalency test in lieu of taking the core curriculum courses
4863
shall receive full credit for core curriculum course hours.
4864
4. The board shall require, by rule adopted pursuant to ss.
4866
or advanced module courses, approved by the Florida Building
4867
Commission, on any portion of the Florida Building Code, adopted
4868
pursuant to part IV VII of chapter 553, relating to the
4869
contractor's respective discipline.
4870
(9) An initial applicant shall submit, along with the
4871
application, a complete set of fingerprints in a form and manner
4872
required by the department. The fingerprints shall be submitted
4873
to the Department of Law Enforcement for state processing, and
4874
the Department of Law Enforcement shall forward them to the
4875
Federal Bureau of Investigation for the purpose of conducting a
4876
level 2 background check pursuant to s. 435.04. The department
4877
shall and the board may review the background results to
4878
determine if an applicant meets licensure requirements. The cost
4879
for the fingerprint processing shall be borne by the person
4880
subject to the background screening. These fees are to be
4881
collected by the authorized agencies or vendors. The authorized
4882
agencies or vendors are responsible for paying the processing
4883
costs to the Department of Law Enforcement.
4884
Reviser's note.--Paragraph (4)(b) is amended to correct an
4885
erroneous reference. Part VII of chapter 553 relates to
4886
standards for radon-resistant buildings; part IV of chapter
4887
553 relates to the Florida Building Code. Subsection (9) is
4888
amended to confirm the editorial insertion of the word "of"
4889
to correct sentence construction.
4890
Section 131. Paragraph (h) of subsection (1) of section
4891
489.127, Florida Statutes, is amended to read:
4892
489.127 Prohibitions; penalties.--
4893
(1) No person shall:
4894
(h) Commence or perform work for which a building permit is
4895
required pursuant to part IV VII of chapter 553 without such
4896
building permit being in effect; or
4897
4898
For purposes of this subsection, a person or business
4899
organization operating on an inactive or suspended certificate,
4900
registration, or certificate of authority is not duly certified
4901
or registered and is considered unlicensed. A business tax
4902
receipt issued under the authority of chapter 205 is not a
4903
license for purposes of this part.
4904
Reviser's note.--Amended to correct an erroneous reference.
4905
Part VII of chapter 553 relates to standards for radon-
4906
resistant buildings; part IV of chapter 553 relates to the
4907
Florida Building Code and required building permits.
4908
Section 132. Subsection (6) of section 489.517, Florida
4909
Statutes, is amended to read:
4910
489.517 Renewal of certificate or registration; continuing
4911
education.--
4912
(6) The board shall require, by rule adopted pursuant to
4914
specialized or advanced module courses, approved by the Florida
4915
Building Commission, on any portion of the Florida Building Code,
4916
adopted pursuant to part IV VII of chapter 553, relating to the
4917
contractor's respective discipline.
4918
Reviser's note.--Amended to correct an erroneous reference.
4919
Part VII of chapter 553 relates to standards for radon-
4920
resistant buildings; part IV of chapter 553 relates to the
4921
Florida Building Code.
4922
Section 133. Paragraph (i) of subsection (1) of section
4923
489.531, Florida Statutes, is amended to read:
4924
489.531 Prohibitions; penalties.--
4925
(1) A person may not:
4926
(i) Commence or perform work for which a building permit is
4927
required pursuant to part IV VII of chapter 553 without the
4928
building permit being in effect; or
4929
Reviser's note.--Amended to correct an erroneous reference.
4930
Part VII of chapter 553 relates to standards for radon-
4931
resistant buildings; part IV of chapter 553 relates to the
4932
Florida Building Code.
4933
Section 134. Subsection (5) of section 497.172, Florida
4934
Statutes, is amended to read:
4935
497.172 Public records exemptions; public meetings
4936
exemptions.--
4937
(5) REVIEW AND REPEAL.--This section is subject to the Open
4938
Government Sunset Review Act of 1995 in accordance with s.
4939
119.15, and shall stand repealed on October 2, 2010, unless
4940
reviewed and saved from repeal through reenactment by the
4941
Legislature.
4942
Reviser's note.--Amended to conform to the renaming of the
4943
"Open Government Sunset Review Act of 1995" as the "Open
4944
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
4945
of Florida.
4946
Section 135. Subsection (3) of section 497.271, Florida
4947
Statutes, is amended to read:
4948
497.271 Standards for construction and significant
4949
alteration or renovation of mausoleums and columbaria.--
4950
(3) The licensing authority shall transmit the rules as
4951
adopted under subsection (2), hereinafter referred to as the
4952
"mausoleum standards," to the Florida Building Commission, which
4953
shall initiate rulemaking under chapter 120 to consider such
4954
mausoleum standards. If such mausoleum standards are not deemed
4955
acceptable, they shall be returned by the Florida Building
4956
Commission to the licensing authority with details of changes
4957
needed to make them acceptable. If such mausoleum standards are
4958
acceptable, the Florida Building Commission shall adopt a rule
4959
designating the mausoleum standards as an approved revision to
4960
the State Minimum Building Codes under part IV VII of chapter
4961
553. When so designated by the Florida Building Commission, such
4962
mausoleum standards shall become a required element of the State
4963
Minimum Building Codes under s. 553.73(2) and shall be
4964
transmitted to each local enforcement agency, as defined in s.
4965
553.71(5). Such local enforcement agency shall consider and
4966
inspect for compliance with such mausoleum standards as if they
4967
were part of the local building code, but shall have no
4968
continuing duty to inspect after final approval of the
4969
construction pursuant to the local building code. Any further
4970
amendments to the mausoleum standards shall be accomplished by
4971
the same procedure. Such designated mausoleum standards, as from
4972
time to time amended, shall be a part of the State Minimum
4973
Building Codes under s. 553.73 until the adoption and effective
4974
date of a new statewide uniform minimum building code, which may
4975
supersede the mausoleum standards as provided by the law enacting
4976
the new statewide uniform minimum building code.
4977
Reviser's note.--Amended to correct an erroneous reference.
4978
Part VII of chapter 553 relates to standards for radon-
4979
resistant buildings; part IV of chapter 553 relates to the
4980
Florida Building Code.
4981
Section 136. Paragraph (b) of subsection (8) of section
4982
497.466, Florida Statutes, is repealed.
4983
Reviser's note.--The cited paragraph, which provided that
4984
persons holding preneed sales agent licenses in good
4985
standing under former s. 497.439 as of September 30, 2005,
4986
were deemed to hold permanent preneed sales agent licenses
4987
or licenses by appointment by preneed licensees as of
4988
October 1, 2005, has served its purpose. Section 497.439 was
4989
redesignated as s. 497.466, effective October 1, 2005, by s.
4990
115, ch. 2004-301, Laws of Florida.
4991
Section 137. Subsection (3) of section 500.148, Florida
4992
Statutes, is amended to read:
4993
500.148 Reports and dissemination of information;
4994
confidentiality.--
4995
(3) Information deemed confidential under 21 C.F.R. part
4996
20.61, part 20.62, or part 20.88, or 5 U.S.C. s. 552(b), and
4997
which is provided to the department during a joint food safety or
4998
food illness investigation, as a requirement for conducting a
4999
federal-state contract or partnership activity, or for regulatory
5000
review, is confidential and exempt from s. 119.07(1) and s.
5001
24(a), Art. I of the State Constitution. Such information may not
5002
be disclosed except under a final determination by the
5003
appropriate federal agencies that such records are no longer
5004
entitled to protection, or pursuant to an order of the court.
5005
This section is subject to the Open Government Sunset Review Act
5006
of 1995 in accordance with s. 119.15, and shall stand repealed on
5007
October 2, 2008, unless reviewed and saved from repeal through
5008
reenactment by the Legislature.
5009
Reviser's note.--Amended to conform to the renaming of the
5010
"Open Government Sunset Review Act of 1995" as the "Open
5011
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
5012
of Florida.
5013
Section 138. Paragraph (b) of subsection (1) of section
5014
501.022, Florida Statutes, is amended to read:
5015
501.022 Home solicitation sale; permit required.--
5016
(1)
5017
(b) The following are excluded from the operation of this
5018
section:
5019
1. Bona fide agents, business representatives, or
5020
salespersons making calls or soliciting orders at the usual place
5021
of business of a customer regarding products or services for use
5022
in connection with the customer's business.
5023
2. Solicitors, salespersons, or agents making a call or
5024
business visit upon the express invitation, oral or written, of
5025
an inhabitant of the premises or her or his agent.
5026
3. Telephone solicitors, salespersons, or agents making
5027
calls which involve transactions that are unsolicited by the
5028
consumer and consummated by telephone and without any other
5029
contact between the buyer and the seller or its representative
5030
prior to delivery of the goods or performance of the services.
5031
4. Solicitors, salespersons, or agents conducting a sale,
5032
lease, or rental of consumer goods or services by sample,
5033
catalog, or brochure for future delivery.
5034
5. Minors, as defined in s. 1.01(13), conducting home
5035
solicitation sales under the supervision of an adult supervisor
5036
who holds a valid home solicitation sale permit. Minors excluded
5037
from operation of this section must, however, carry personal
5038
identification which includes their full name, date of birth,
5039
residence address, and employer and the name and permit number of
5040
their adult supervisor.
5041
6. Those sellers or their representatives that are
5042
currently regulated as to the sale of goods and services by
5043
chapter 475 or chapter 497.
5044
7. Solicitors, salespersons, or agents making calls or
5045
soliciting orders on behalf of a religious, charitable,
5046
scientific, educational, or veterans' institution or organization
5047
holding a sales tax exemption certificate under s. 212.08(7)
5048
212.08(7)(a).
5049
Reviser's note.--Amended to correct an erroneous reference.
5050
Section 139. Subsection (11) of section 501.976, Florida
5051
Statutes, is amended to read:
5052
501.976 Actionable, unfair, or deceptive acts or
5053
practices.--It is an unfair or deceptive act or practice,
5054
actionable under the Florida Deceptive and Unfair Trade Practices
5055
Act, for a dealer to:
5056
(11) Add to the cash price of a vehicle as defined in s.
5057
520.02(2) any fee or charge other than those provided in that
5058
section and in rule 69V-50.001 3D-50.001, Florida Administrative
5059
Code. All fees or charges permitted to be added to the cash price
5060
by rule 69V-50.001 3D-50.001, Florida Administrative Code, must
5061
be fully disclosed to customers in all binding contracts
5062
concerning the vehicle's selling price.
5063
5064
In any civil litigation resulting from a violation of this
5065
section, when evaluating the reasonableness of an award of
5066
attorney's fees to a private person, the trial court shall
5067
consider the amount of actual damages in relation to the time
5068
spent.
5069
Reviser's note.--Amended to conform to the redesignation of
5070
rule 3D-50.001 as rule 69V-50.001, Florida Administrative
5071
Code.
5072
Section 140. Paragraph (f) of subsection (10) of section
5073
553.73, Florida Statutes, is amended to read:
5074
553.73 Florida Building Code.--
5075
(10)
5076
(f) All decisions of the local building official and local
5077
fire official and all decisions of the administrative board shall
5078
be in writing and shall be binding upon all persons but shall not
5079
limit the authority of the State Fire Marshal or the Florida
5080
Building Commission pursuant to paragraph (1)(d) and ss. 633.01
5082
indexed by building and fire code sections and shall be available
5083
for inspection during normal business hours.
5084
Reviser's note.--Amended to correct a reference and conform
5085
to context. Section 663.01 provides definitions relating to
5086
international banking corporations; s. 633.01 provides for
5087
powers and duties of the State Fire Marshal.
5088
Section 141. Paragraph (b) of subsection (15) of section
5089
553.791, Florida Statutes, is amended to read:
5090
553.791 Alternative plans review and inspection.--
5091
(15)
5092
(b) A local enforcement agency, local building official, or
5093
local government may establish, for private providers and duly
5094
authorized representatives working within that jurisdiction, a
5095
system of registration to verify compliance with the licensure
5096
requirements of paragraph (1)(i) (1)(g) and the insurance
5097
requirements of subsection (16).
5098
Reviser's note.--Amended to conform to the redesignation of
5099
paragraph (1)(g) as paragraph (1)(i) by s. 6, ch. 2007-187,
5100
Laws of Florida.
5101
Section 142. Subsection (11) of section 610.104, Florida
5102
Statutes, is amended to read:
5103
610.104 State authorization to provide cable or video
5104
service.--
5105
(11) The application shall be accompanied by a one-time fee
5106
of $10,000. A parent company may file a single application
5107
covering itself and all of its subsidiaries and affiliates
5108
intending to provide cable or video service in the service areas
5109
throughout the state as described in subparagraph (2)(e)5.
5110
paragraph (3)(d), but the entity actually providing such service
5111
in a given area shall otherwise be considered the
5112
certificateholder under this act.
5113
Reviser's note.--Amended to correct a reference. Subsection
5114
(3) is not divided into paragraphs; subparagraph (2)(e)5.
5115
describes service areas.
5116
Section 143. Subsection (2) of section 617.0802, Florida
5117
Statutes, is amended to read:
5118
617.0802 Qualifications of directors.--
5119
(2) In the event that the eligibility to serve as a member
5120
of the board of directors of a condominium association,
5121
cooperative association, homeowners' association, or mobile home
5122
owners' association is restricted to membership in such
5123
association and membership is appurtenant to ownership of a unit,
5124
parcel, or mobile home, a grantor of a trust described in s.
5125
733.707(3), or a beneficiary as defined in former s.
5126
737.303(4)(b) of a trust which owns a unit, parcel, or mobile
5127
home shall be deemed a member of the association and eligible to
5128
serve as a director of the condominium association, cooperative
5129
association, homeowners' association, or mobile home owners'
5130
association, provided that said beneficiary occupies the unit,
5131
parcel, or mobile home.
5132
Reviser's note.--Amended to clarify the status of s.
5133
737.303, which was repealed by s. 48, ch. 2006-217, Laws of
5134
Florida.
5135
Section 144. Paragraph (e) of subsection (2) of section
5136
624.316, Florida Statutes, is amended to read:
5137
624.316 Examination of insurers.--
5138
(2)
5139
(e) The commission shall adopt rules providing that an
5140
examination under this section may be conducted by independent
5141
certified public accountants, actuaries, investment specialists,
5142
information technology specialists, and reinsurance specialists
5143
meeting criteria specified by rule. The rules shall provide:
5144
1. That the rates charged to the insurer being examined are
5145
consistent with rates charged by other firms in a similar
5146
profession and are comparable with the rates charged for
5147
comparable examinations.
5148
2. That the firm selected by the office to perform the
5149
examination has no conflicts of interest that might affect its
5150
ability to independently perform its responsibilities on the
5151
examination.
5152
3. That the insurer being examined must make payment for
5154
accordance with the rates and terms established by the office and
5155
the firm performing the examination.
5156
Reviser's note.--Amended to correct a reference and conform
5157
to context. Section 624.320(2) relates to deposit of the
5158
collected moneys into a specified trust fund; s. 624.320(1)
5159
relates to insurer payment for examination.
5160
Section 145. Paragraph (e) of subsection (3) of section
5161
627.0628, Florida Statutes, is amended to read:
5162
627.0628 Florida Commission on Hurricane Loss Projection
5163
Methodology; public records exemption; public meetings
5164
exemption.--
5165
(3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.--
5166
(e)1. A trade secret, as defined in s. 812.081, that is
5167
used in designing and constructing a hurricane loss model and
5168
that is provided pursuant to this section, by a private company,
5169
to the commission, office, or consumer advocate appointed
5170
pursuant to s. 627.0613, is confidential and exempt from s.
5171
119.07(1) and s. 24(a), Art. I of the State Constitution.
5172
2. That portion of a meeting of the commission or of a rate
5173
proceeding on an insurer's rate filing at which a trade secret
5174
made confidential and exempt by this paragraph is discussed is
5175
exempt from s. 286.011 and s. 24(b), Art. I of the State
5176
Constitution.
5177
3. This paragraph is subject to the Open Government Sunset
5178
Review Act of 1995 in accordance with s. 119.15, and shall stand
5179
repealed on October 2, 2010, unless reviewed and saved from
5180
repeal through reenactment by the Legislature.
5181
Reviser's note.--Amended to conform to the renaming of the
5182
"Open Government Sunset Review Act of 1995" as the "Open
5183
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
5184
of Florida.
5185
Section 146. Subsection (3) of section 627.06292, Florida
5186
Statutes, is amended to read:
5187
627.06292 Reports of hurricane loss data and associated
5188
exposure data; public records exemption.--
5189
(3) This section is subject to the Open Government Sunset
5190
Review Act of 1995 in accordance with s. 119.15, and shall stand
5191
repealed on October 2, 2010, unless reviewed and saved from
5192
repeal through reenactment by the Legislature.
5193
Reviser's note.--Amended to conform to the renaming of the
5194
"Open Government Sunset Review Act of 1995" as the "Open
5195
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
5196
of Florida.
5197
Section 147. Paragraph (b) of subsection (4) and paragraph
5198
(m) of subsection (5) of section 627.311, Florida Statutes, are
5199
amended to read:
5200
627.311 Joint underwriters and joint reinsurers; public
5201
records and public meetings exemptions.--
5202
(4) The Florida Automobile Joint Underwriting Association:
5203
(b) Shall keep portions of association meetings during
5204
which confidential and exempt underwriting files or confidential
5205
and exempt claims files are discussed exempt from the provisions
5206
of s. 286.011 and s. 24(b), Art. I of the State Constitution. All
5207
closed portions of association meetings shall be recorded by a
5208
court reporter. The court reporter shall record the times of
5209
commencement and termination of the meeting, all discussion and
5210
proceedings, the names of all persons present at any time, and
5211
the names of all persons speaking. No portion of any closed
5212
meeting shall be off the record. Subject to the provisions of
5214
court reporter's notes of any closed meeting shall be retained by
5215
the association for a minimum of 5 years. A copy of the
5216
transcript, less any confidential and exempt information, of any
5217
closed meeting during which confidential and exempt claims files
5218
are discussed shall become public as to individual claims files
5219
after settlement of that claim.
5220
(5)
5221
(m) Senior managers and officers, as defined in the plan of
5222
operation, and members of the board of governors are subject to
5225
members are also required to file such disclosures with the
5226
Commission on Ethics and the Office of Insurance Regulation. The
5227
executive director of the plan or his or her designee shall
5228
notify each newly appointed and existing appointed member of the
5229
board of governors, senior manager, and officer of his or her
5230
duty to comply with the reporting requirements of s. 112.3145
5231
112.345. At least quarterly, the executive director of the plan
5232
or his or her designee shall submit to the Commission on Ethics a
5233
list of names of the senior managers, officers, and members of
5234
the board of governors who are subject to the public disclosure
5236
employee, officer, owner, or director of an insurance agency,
5237
insurance company, or other insurance entity may be a member of
5238
the board of governors unless such employee, officer, owner, or
5239
director of an insurance agency, insurance company, other
5240
insurance entity, or an affiliate provides policy issuance,
5241
policy administration, underwriting, claims handling, or payroll
5242
audit services. Notwithstanding s. 112.3143, such board member
5243
may not participate in or vote on a matter if the insurance
5244
agency, insurance company, or other insurance entity would obtain
5245
a special or unique benefit that would not apply to other
5246
similarly situated insurance entities.
5247
Reviser's note.--Paragraph (4)(b) is amended to conform to
5249
(f) by s. 1, ch. 2007-39, Laws of Florida, and to correct
5250
the reference by s. 3, ch. 2007-39. Paragraph (5)(m) is
5251
amended to correct a reference and conform to context.
5252
Section 112.345 does not exist; s. 112.3145 relates to
5253
reporting requirements.
5254
Section 148. Paragraph (b) of subsection (2) and paragraphs
5255
(c), (n), (v), and (w) of subsection (6) of section 627.351,
5256
Florida Statutes, are amended to read:
5257
627.351 Insurance risk apportionment plans.--
5258
(2) WINDSTORM INSURANCE RISK APPORTIONMENT.--
5259
(b) The department shall require all insurers holding a
5260
certificate of authority to transact property insurance on a
5261
direct basis in this state, other than joint underwriting
5262
associations and other entities formed pursuant to this section,
5263
to provide windstorm coverage to applicants from areas determined
5264
to be eligible pursuant to paragraph (c) who in good faith are
5265
entitled to, but are unable to procure, such coverage through
5266
ordinary means; or it shall adopt a reasonable plan or plans for
5267
the equitable apportionment or sharing among such insurers of
5268
windstorm coverage, which may include formation of an association
5269
for this purpose. As used in this subsection, the term "property
5270
insurance" means insurance on real or personal property, as
5271
defined in s. 624.604, including insurance for fire, industrial
5272
fire, allied lines, farmowners multiperil, homeowners'
5273
multiperil, commercial multiperil, and mobile homes, and
5274
including liability coverages on all such insurance, but
5275
excluding inland marine as defined in s. 624.607(3) and excluding
5276
vehicle insurance as defined in s. 624.605(1)(a) other than
5277
insurance on mobile homes used as permanent dwellings. The
5278
department shall adopt rules that provide a formula for the
5279
recovery and repayment of any deferred assessments.
5280
1. For the purpose of this section, properties eligible for
5281
such windstorm coverage are defined as dwellings, buildings, and
5282
other structures, including mobile homes which are used as
5283
dwellings and which are tied down in compliance with mobile home
5284
tie-down requirements prescribed by the Department of Highway
5285
Safety and Motor Vehicles pursuant to s. 320.8325, and the
5286
contents of all such properties. An applicant or policyholder is
5287
eligible for coverage only if an offer of coverage cannot be
5288
obtained by or for the applicant or policyholder from an admitted
5289
insurer at approved rates.
5290
2.a.(I) All insurers required to be members of such
5291
association shall participate in its writings, expenses, and
5292
losses. Surplus of the association shall be retained for the
5293
payment of claims and shall not be distributed to the member
5294
insurers. Such participation by member insurers shall be in the
5295
proportion that the net direct premiums of each member insurer
5296
written for property insurance in this state during the preceding
5297
calendar year bear to the aggregate net direct premiums for
5298
property insurance of all member insurers, as reduced by any
5299
credits for voluntary writings, in this state during the
5300
preceding calendar year. For the purposes of this subsection, the
5301
term "net direct premiums" means direct written premiums for
5302
property insurance, reduced by premium for liability coverage and
5303
for the following if included in allied lines: rain and hail on
5304
growing crops; livestock; association direct premiums booked;
5305
National Flood Insurance Program direct premiums; and similar
5306
deductions specifically authorized by the plan of operation and
5307
approved by the department. A member's participation shall begin
5308
on the first day of the calendar year following the year in which
5309
it is issued a certificate of authority to transact property
5310
insurance in the state and shall terminate 1 year after the end
5311
of the calendar year during which it no longer holds a
5312
certificate of authority to transact property insurance in the
5313
state. The commissioner, after review of annual statements, other
5314
reports, and any other statistics that the commissioner deems
5315
necessary, shall certify to the association the aggregate direct
5316
premiums written for property insurance in this state by all
5317
member insurers.
5318
(II) Effective July 1, 2002, the association shall operate
5319
subject to the supervision and approval of a board of governors
5320
who are the same individuals that have been appointed by the
5321
Treasurer to serve on the board of governors of the Citizens
5322
Property Insurance Corporation.
5323
(III) The plan of operation shall provide a formula whereby
5324
a company voluntarily providing windstorm coverage in affected
5325
areas will be relieved wholly or partially from apportionment of
5326
a regular assessment pursuant to sub-sub-subparagraph d.(I) or
5327
sub-sub-subparagraph d.(II).
5328
(IV) A company which is a member of a group of companies
5329
under common management may elect to have its credits applied on
5330
a group basis, and any company or group may elect to have its
5331
credits applied to any other company or group.
5332
(V) There shall be no credits or relief from apportionment
5333
to a company for emergency assessments collected from its
5334
policyholders under sub-sub-subparagraph d.(III).
5335
(VI) The plan of operation may also provide for the award
5336
of credits, for a period not to exceed 3 years, from a regular
5337
assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub-
5338
subparagraph d.(II) as an incentive for taking policies out of
5339
the Residential Property and Casualty Joint Underwriting
5340
Association. In order to qualify for the exemption under this
5341
sub-sub-subparagraph, the take-out plan must provide that at
5342
least 40 percent of the policies removed from the Residential
5343
Property and Casualty Joint Underwriting Association cover risks
5344
located in Miami-Dade Dade, Broward, and Palm Beach Counties or
5345
at least 30 percent of the policies so removed cover risks
5346
located in Miami-Dade Dade, Broward, and Palm Beach Counties and
5347
an additional 50 percent of the policies so removed cover risks
5348
located in other coastal counties, and must also provide that no
5349
more than 15 percent of the policies so removed may exclude
5350
windstorm coverage. With the approval of the department, the
5351
association may waive these geographic criteria for a take-out
5352
plan that removes at least the lesser of 100,000 Residential
5353
Property and Casualty Joint Underwriting Association policies or
5354
15 percent of the total number of Residential Property and
5355
Casualty Joint Underwriting Association policies, provided the
5356
governing board of the Residential Property and Casualty Joint
5357
Underwriting Association certifies that the take-out plan will
5358
materially reduce the Residential Property and Casualty Joint
5359
Underwriting Association's 100-year probable maximum loss from
5360
hurricanes. With the approval of the department, the board may
5361
extend such credits for an additional year if the insurer
5362
guarantees an additional year of renewability for all policies
5363
removed from the Residential Property and Casualty Joint
5364
Underwriting Association, or for 2 additional years if the
5365
insurer guarantees 2 additional years of renewability for all
5366
policies removed from the Residential Property and Casualty Joint
5367
Underwriting Association.
5368
b. Assessments to pay deficits in the association under
5369
this subparagraph shall be included as an appropriate factor in
5370
the making of rates as provided in s. 627.3512.
5371
c. The Legislature finds that the potential for unlimited
5372
deficit assessments under this subparagraph may induce insurers
5373
to attempt to reduce their writings in the voluntary market, and
5374
that such actions would worsen the availability problems that the
5375
association was created to remedy. It is the intent of the
5376
Legislature that insurers remain fully responsible for paying
5377
regular assessments and collecting emergency assessments for any
5378
deficits of the association; however, it is also the intent of
5379
the Legislature to provide a means by which assessment
5380
liabilities may be amortized over a period of years.
5381
d.(I) When the deficit incurred in a particular calendar
5382
year is 10 percent or less of the aggregate statewide direct
5383
written premium for property insurance for the prior calendar
5384
year for all member insurers, the association shall levy an
5385
assessment on member insurers in an amount equal to the deficit.
5386
(II) When the deficit incurred in a particular calendar
5387
year exceeds 10 percent of the aggregate statewide direct written
5388
premium for property insurance for the prior calendar year for
5389
all member insurers, the association shall levy an assessment on
5390
member insurers in an amount equal to the greater of 10 percent
5391
of the deficit or 10 percent of the aggregate statewide direct
5392
written premium for property insurance for the prior calendar
5393
year for member insurers. Any remaining deficit shall be
5394
recovered through emergency assessments under sub-sub-
5395
subparagraph (III).
5396
(III) Upon a determination by the board of directors that a
5397
deficit exceeds the amount that will be recovered through regular
5398
assessments on member insurers, pursuant to sub-sub-subparagraph
5399
(I) or sub-sub-subparagraph (II), the board shall levy, after
5400
verification by the department, emergency assessments to be
5401
collected by member insurers and by underwriting associations
5402
created pursuant to this section which write property insurance,
5403
upon issuance or renewal of property insurance policies other
5404
than National Flood Insurance policies in the year or years
5405
following levy of the regular assessments. The amount of the
5406
emergency assessment collected in a particular year shall be a
5407
uniform percentage of that year's direct written premium for
5408
property insurance for all member insurers and underwriting
5409
associations, excluding National Flood Insurance policy premiums,
5410
as annually determined by the board and verified by the
5411
department. The department shall verify the arithmetic
5412
calculations involved in the board's determination within 30 days
5413
after receipt of the information on which the determination was
5414
based. Notwithstanding any other provision of law, each member
5415
insurer and each underwriting association created pursuant to
5416
this section shall collect emergency assessments from its
5417
policyholders without such obligation being affected by any
5418
credit, limitation, exemption, or deferment. The emergency
5419
assessments so collected shall be transferred directly to the
5420
association on a periodic basis as determined by the association.
5421
The aggregate amount of emergency assessments levied under this
5422
sub-sub-subparagraph in any calendar year may not exceed the
5423
greater of 10 percent of the amount needed to cover the original
5424
deficit, plus interest, fees, commissions, required reserves, and
5425
other costs associated with financing of the original deficit, or
5426
10 percent of the aggregate statewide direct written premium for
5427
property insurance written by member insurers and underwriting
5428
associations for the prior year, plus interest, fees,
5429
commissions, required reserves, and other costs associated with
5430
financing the original deficit. The board may pledge the proceeds
5431
of the emergency assessments under this sub-sub-subparagraph as
5432
the source of revenue for bonds, to retire any other debt
5433
incurred as a result of the deficit or events giving rise to the
5434
deficit, or in any other way that the board determines will
5435
efficiently recover the deficit. The emergency assessments under
5436
this sub-sub-subparagraph shall continue as long as any bonds
5437
issued or other indebtedness incurred with respect to a deficit
5438
for which the assessment was imposed remain outstanding, unless
5439
adequate provision has been made for the payment of such bonds or
5440
other indebtedness pursuant to the document governing such bonds
5441
or other indebtedness. Emergency assessments collected under this
5442
sub-sub-subparagraph are not part of an insurer's rates, are not
5443
premium, and are not subject to premium tax, fees, or
5444
commissions; however, failure to pay the emergency assessment
5445
shall be treated as failure to pay premium.
5446
(IV) Each member insurer's share of the total regular
5447
assessments under sub-sub-subparagraph (I) or sub-sub-
5448
subparagraph (II) shall be in the proportion that the insurer's
5449
net direct premium for property insurance in this state, for the
5450
year preceding the assessment bears to the aggregate statewide
5451
net direct premium for property insurance of all member insurers,
5452
as reduced by any credits for voluntary writings for that year.
5453
(V) If regular deficit assessments are made under sub-sub-
5454
subparagraph (I) or sub-sub-subparagraph (II), or by the
5455
Residential Property and Casualty Joint Underwriting Association
5456
under sub-subparagraph (6)(b)3.a. or sub-subparagraph (6)(b)3.b.,
5457
the association shall levy upon the association's policyholders,
5458
as part of its next rate filing, or by a separate rate filing
5459
solely for this purpose, a market equalization surcharge in a
5460
percentage equal to the total amount of such regular assessments
5461
divided by the aggregate statewide direct written premium for
5462
property insurance for member insurers for the prior calendar
5463
year. Market equalization surcharges under this sub-sub-
5464
subparagraph are not considered premium and are not subject to
5465
commissions, fees, or premium taxes; however, failure to pay a
5466
market equalization surcharge shall be treated as failure to pay
5467
premium.
5468
e. The governing body of any unit of local government, any
5469
residents of which are insured under the plan, may issue bonds as
5471
program, in conjunction with the association, for the purpose of
5472
defraying deficits of the association. In order to avoid needless
5473
and indiscriminate proliferation, duplication, and fragmentation
5474
of such assistance programs, any unit of local government, any
5475
residents of which are insured by the association, may provide
5476
for the payment of losses, regardless of whether or not the
5477
losses occurred within or outside of the territorial jurisdiction
5478
of the local government. Revenue bonds may not be issued until
5479
validated pursuant to chapter 75, unless a state of emergency is
5480
declared by executive order or proclamation of the Governor
5481
pursuant to s. 252.36 making such findings as are necessary to
5482
determine that it is in the best interests of, and necessary for,
5483
the protection of the public health, safety, and general welfare
5484
of residents of this state and the protection and preservation of
5485
the economic stability of insurers operating in this state, and
5486
declaring it an essential public purpose to permit certain
5487
municipalities or counties to issue bonds as will provide relief
5488
to claimants and policyholders of the association and insurers
5489
responsible for apportionment of plan losses. Any such unit of
5490
local government may enter into such contracts with the
5491
association and with any other entity created pursuant to this
5492
subsection as are necessary to carry out this paragraph. Any
5493
bonds issued under this sub-subparagraph shall be payable from
5494
and secured by moneys received by the association from
5495
assessments under this subparagraph, and assigned and pledged to
5496
or on behalf of the unit of local government for the benefit of
5497
the holders of such bonds. The funds, credit, property, and
5498
taxing power of the state or of the unit of local government
5499
shall not be pledged for the payment of such bonds. If any of the
5500
bonds remain unsold 60 days after issuance, the department shall
5501
require all insurers subject to assessment to purchase the bonds,
5502
which shall be treated as admitted assets; each insurer shall be
5503
required to purchase that percentage of the unsold portion of the
5504
bond issue that equals the insurer's relative share of assessment
5505
liability under this subsection. An insurer shall not be required
5506
to purchase the bonds to the extent that the department
5507
determines that the purchase would endanger or impair the
5508
solvency of the insurer. The authority granted by this sub-
5509
subparagraph is additional to any bonding authority granted by
5510
subparagraph 6.
5511
3. The plan shall also provide that any member with a
5512
surplus as to policyholders of $20 million or less writing 25
5513
percent or more of its total countrywide property insurance
5514
premiums in this state may petition the department, within the
5515
first 90 days of each calendar year, to qualify as a limited
5516
apportionment company. The apportionment of such a member company
5517
in any calendar year for which it is qualified shall not exceed
5518
its gross participation, which shall not be affected by the
5519
formula for voluntary writings. In no event shall a limited
5520
apportionment company be required to participate in any
5521
apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
5522
or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
5523
$50 million after payment of available plan funds in any calendar
5524
year. However, a limited apportionment company shall collect from
5525
its policyholders any emergency assessment imposed under sub-sub-
5526
subparagraph 2.d.(III). The plan shall provide that, if the
5527
department determines that any regular assessment will result in
5528
an impairment of the surplus of a limited apportionment company,
5529
the department may direct that all or part of such assessment be
5530
deferred. However, there shall be no limitation or deferment of
5531
an emergency assessment to be collected from policyholders under
5532
sub-sub-subparagraph 2.d.(III).
5533
4. The plan shall provide for the deferment, in whole or in
5534
part, of a regular assessment of a member insurer under sub-sub-
5535
subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but not
5536
for an emergency assessment collected from policyholders under
5537
sub-sub-subparagraph 2.d.(III), if, in the opinion of the
5538
commissioner, payment of such regular assessment would endanger
5539
or impair the solvency of the member insurer. In the event a
5540
regular assessment against a member insurer is deferred in whole
5541
or in part, the amount by which such assessment is deferred may
5542
be assessed against the other member insurers in a manner
5543
consistent with the basis for assessments set forth in sub-sub-
5544
subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
5545
5.a. The plan of operation may include deductibles and
5546
rules for classification of risks and rate modifications
5547
consistent with the objective of providing and maintaining funds
5548
sufficient to pay catastrophe losses.
5549
b. The association may require arbitration of a rate filing
5550
under s. 627.062(6). It is the intent of the Legislature that the
5551
rates for coverage provided by the association be actuarially
5552
sound and not competitive with approved rates charged in the
5553
admitted voluntary market such that the association functions as
5554
a residual market mechanism to provide insurance only when the
5555
insurance cannot be procured in the voluntary market. The plan of
5556
operation shall provide a mechanism to assure that, beginning no
5557
later than January 1, 1999, the rates charged by the association
5558
for each line of business are reflective of approved rates in the
5559
voluntary market for hurricane coverage for each line of business
5560
in the various areas eligible for association coverage.
5561
c. The association shall provide for windstorm coverage on
5562
residential properties in limits up to $10 million for commercial
5563
lines residential risks and up to $1 million for personal lines
5564
residential risks. If coverage with the association is sought for
5565
a residential risk valued in excess of these limits, coverage
5566
shall be available to the risk up to the replacement cost or
5567
actual cash value of the property, at the option of the insured,
5568
if coverage for the risk cannot be located in the authorized
5569
market. The association must accept a commercial lines
5570
residential risk with limits above $10 million or a personal
5571
lines residential risk with limits above $1 million if coverage
5572
is not available in the authorized market. The association may
5573
write coverage above the limits specified in this subparagraph
5574
with or without facultative or other reinsurance coverage, as the
5575
association determines appropriate.
5576
d. The plan of operation must provide objective criteria
5577
and procedures, approved by the department, to be uniformly
5578
applied for all applicants in determining whether an individual
5579
risk is so hazardous as to be uninsurable. In making this
5580
determination and in establishing the criteria and procedures,
5581
the following shall be considered:
5582
(I) Whether the likelihood of a loss for the individual
5583
risk is substantially higher than for other risks of the same
5584
class; and
5585
(II) Whether the uncertainty associated with the individual
5586
risk is such that an appropriate premium cannot be determined.
5587
5588
The acceptance or rejection of a risk by the association pursuant
5589
to such criteria and procedures must be construed as the private
5590
placement of insurance, and the provisions of chapter 120 do not
5591
apply.
5592
e. If the risk accepts an offer of coverage through the
5593
market assistance program or through a mechanism established by
5594
the association, either before the policy is issued by the
5595
association or during the first 30 days of coverage by the
5596
association, and the producing agent who submitted the
5597
application to the association is not currently appointed by the
5598
insurer, the insurer shall:
5599
(I) Pay to the producing agent of record of the policy, for
5600
the first year, an amount that is the greater of the insurer's
5601
usual and customary commission for the type of policy written or
5602
a fee equal to the usual and customary commission of the
5603
association; or
5604
(II) Offer to allow the producing agent of record of the
5605
policy to continue servicing the policy for a period of not less
5606
than 1 year and offer to pay the agent the greater of the
5607
insurer's or the association's usual and customary commission for
5608
the type of policy written.
5609
5610
If the producing agent is unwilling or unable to accept
5611
appointment, the new insurer shall pay the agent in accordance
5612
with sub-sub-subparagraph (I). Subject to the provisions of s.
5613
627.3517, the policies issued by the association must provide
5614
that if the association obtains an offer from an authorized
5615
insurer to cover the risk at its approved rates under either a
5616
standard policy including wind coverage or, if consistent with
5617
the insurer's underwriting rules as filed with the department, a
5618
basic policy including wind coverage, the risk is no longer
5619
eligible for coverage through the association. Upon termination
5620
of eligibility, the association shall provide written notice to
5621
the policyholder and agent of record stating that the association
5622
policy must be canceled as of 60 days after the date of the
5623
notice because of the offer of coverage from an authorized
5624
insurer. Other provisions of the insurance code relating to
5625
cancellation and notice of cancellation do not apply to actions
5626
under this sub-subparagraph.
5627
f. When the association enters into a contractual agreement
5628
for a take-out plan, the producing agent of record of the
5629
association policy is entitled to retain any unearned commission
5630
on the policy, and the insurer shall:
5631
(I) Pay to the producing agent of record of the association
5632
policy, for the first year, an amount that is the greater of the
5633
insurer's usual and customary commission for the type of policy
5634
written or a fee equal to the usual and customary commission of
5635
the association; or
5636
(II) Offer to allow the producing agent of record of the
5637
association policy to continue servicing the policy for a period
5638
of not less than 1 year and offer to pay the agent the greater of
5639
the insurer's or the association's usual and customary commission
5640
for the type of policy written.
5641
5642
If the producing agent is unwilling or unable to accept
5643
appointment, the new insurer shall pay the agent in accordance
5644
with sub-sub-subparagraph (I).
5645
6.a. The plan of operation may authorize the formation of a
5646
private nonprofit corporation, a private nonprofit unincorporated
5647
association, a partnership, a trust, a limited liability company,
5648
or a nonprofit mutual company which may be empowered, among other
5649
things, to borrow money by issuing bonds or by incurring other
5650
indebtedness and to accumulate reserves or funds to be used for
5651
the payment of insured catastrophe losses. The plan may authorize
5652
all actions necessary to facilitate the issuance of bonds,
5653
including the pledging of assessments or other revenues.
5654
b. Any entity created under this subsection, or any entity
5655
formed for the purposes of this subsection, may sue and be sued,
5656
may borrow money; issue bonds, notes, or debt instruments; pledge
5657
or sell assessments, market equalization surcharges and other
5658
surcharges, rights, premiums, contractual rights, projected
5659
recoveries from the Florida Hurricane Catastrophe Fund, other
5660
reinsurance recoverables, and other assets as security for such
5661
bonds, notes, or debt instruments; enter into any contracts or
5662
agreements necessary or proper to accomplish such borrowings; and
5663
take other actions necessary to carry out the purposes of this
5664
subsection. The association may issue bonds or incur other
5665
indebtedness, or have bonds issued on its behalf by a unit of
5666
local government pursuant to subparagraph (6)(p)2., in the
5667
absence of a hurricane or other weather-related event, upon a
5668
determination by the association subject to approval by the
5669
department that such action would enable it to efficiently meet
5670
the financial obligations of the association and that such
5671
financings are reasonably necessary to effectuate the
5672
requirements of this subsection. Any such entity may accumulate
5673
reserves and retain surpluses as of the end of any association
5674
year to provide for the payment of losses incurred by the
5675
association during that year or any future year. The association
5676
shall incorporate and continue the plan of operation and articles
5677
of agreement in effect on the effective date of chapter 76-96,
5678
Laws of Florida, to the extent that it is not inconsistent with
5679
chapter 76-96, and as subsequently modified consistent with
5680
chapter 76-96. The board of directors and officers currently
5681
serving shall continue to serve until their successors are duly
5682
qualified as provided under the plan. The assets and obligations
5683
of the plan in effect immediately prior to the effective date of
5684
chapter 76-96 shall be construed to be the assets and obligations
5685
of the successor plan created herein.
5686
c. In recognition of s. 10, Art. I of the State
5687
Constitution, prohibiting the impairment of obligations of
5688
contracts, it is the intent of the Legislature that no action be
5689
taken whose purpose is to impair any bond indenture or financing
5690
agreement or any revenue source committed by contract to such
5691
bond or other indebtedness issued or incurred by the association
5692
or any other entity created under this subsection.
5693
7. On such coverage, an agent's remuneration shall be that
5694
amount of money payable to the agent by the terms of his or her
5695
contract with the company with which the business is placed.
5696
However, no commission will be paid on that portion of the
5697
premium which is in excess of the standard premium of that
5698
company.
5699
8. Subject to approval by the department, the association
5700
may establish different eligibility requirements and operational
5701
procedures for any line or type of coverage for any specified
5702
eligible area or portion of an eligible area if the board
5703
determines that such changes to the eligibility requirements and
5704
operational procedures are justified due to the voluntary market
5705
being sufficiently stable and competitive in such area or for
5706
such line or type of coverage and that consumers who, in good
5707
faith, are unable to obtain insurance through the voluntary
5708
market through ordinary methods would continue to have access to
5709
coverage from the association. When coverage is sought in
5710
connection with a real property transfer, such requirements and
5711
procedures shall not provide for an effective date of coverage
5712
later than the date of the closing of the transfer as established
5713
by the transferor, the transferee, and, if applicable, the
5714
lender.
5715
9. Notwithstanding any other provision of law:
5716
a. The pledge or sale of, the lien upon, and the security
5717
interest in any rights, revenues, or other assets of the
5718
association created or purported to be created pursuant to any
5719
financing documents to secure any bonds or other indebtedness of
5720
the association shall be and remain valid and enforceable,
5721
notwithstanding the commencement of and during the continuation
5722
of, and after, any rehabilitation, insolvency, liquidation,
5723
bankruptcy, receivership, conservatorship, reorganization, or
5724
similar proceeding against the association under the laws of this
5725
state or any other applicable laws.
5726
b. No such proceeding shall relieve the association of its
5727
obligation, or otherwise affect its ability to perform its
5728
obligation, to continue to collect, or levy and collect,
5729
assessments, market equalization or other surcharges, projected
5730
recoveries from the Florida Hurricane Catastrophe Fund,
5731
reinsurance recoverables, or any other rights, revenues, or other
5732
assets of the association pledged.
5733
c. Each such pledge or sale of, lien upon, and security
5734
interest in, including the priority of such pledge, lien, or
5735
security interest, any such assessments, emergency assessments,
5736
market equalization or renewal surcharges, projected recoveries
5737
from the Florida Hurricane Catastrophe Fund, reinsurance
5738
recoverables, or other rights, revenues, or other assets which
5739
are collected, or levied and collected, after the commencement of
5740
and during the pendency of or after any such proceeding shall
5741
continue unaffected by such proceeding.
5742
d. As used in this subsection, the term "financing
5743
documents" means any agreement, instrument, or other document now
5744
existing or hereafter created evidencing any bonds or other
5745
indebtedness of the association or pursuant to which any such
5746
bonds or other indebtedness has been or may be issued and
5747
pursuant to which any rights, revenues, or other assets of the
5748
association are pledged or sold to secure the repayment of such
5749
bonds or indebtedness, together with the payment of interest on
5750
such bonds or such indebtedness, or the payment of any other
5751
obligation of the association related to such bonds or
5752
indebtedness.
5753
e. Any such pledge or sale of assessments, revenues,
5754
contract rights or other rights or assets of the association
5755
shall constitute a lien and security interest, or sale, as the
5756
case may be, that is immediately effective and attaches to such
5757
assessments, revenues, contract, or other rights or assets,
5758
whether or not imposed or collected at the time the pledge or
5759
sale is made. Any such pledge or sale is effective, valid,
5760
binding, and enforceable against the association or other entity
5761
making such pledge or sale, and valid and binding against and
5762
superior to any competing claims or obligations owed to any other
5763
person or entity, including policyholders in this state,
5764
asserting rights in any such assessments, revenues, contract, or
5765
other rights or assets to the extent set forth in and in
5766
accordance with the terms of the pledge or sale contained in the
5767
applicable financing documents, whether or not any such person or
5768
entity has notice of such pledge or sale and without the need for
5769
any physical delivery, recordation, filing, or other action.
5770
f. There shall be no liability on the part of, and no cause
5771
of action of any nature shall arise against, any member insurer
5772
or its agents or employees, agents or employees of the
5773
association, members of the board of directors of the
5774
association, or the department or its representatives, for any
5775
action taken by them in the performance of their duties or
5776
responsibilities under this subsection. Such immunity does not
5777
apply to actions for breach of any contract or agreement
5778
pertaining to insurance, or any willful tort.
5779
(6) CITIZENS PROPERTY INSURANCE CORPORATION.--
5780
(c) The plan of operation of the corporation:
5781
1. Must provide for adoption of residential property and
5782
casualty insurance policy forms and commercial residential and
5783
nonresidential property insurance forms, which forms must be
5784
approved by the office prior to use. The corporation shall adopt
5785
the following policy forms:
5786
a. Standard personal lines policy forms that are
5787
comprehensive multiperil policies providing full coverage of a
5788
residential property equivalent to the coverage provided in the
5789
private insurance market under an HO-3, HO-4, or HO-6 policy.
5790
b. Basic personal lines policy forms that are policies
5791
similar to an HO-8 policy or a dwelling fire policy that provide
5792
coverage meeting the requirements of the secondary mortgage
5793
market, but which coverage is more limited than the coverage
5794
under a standard policy.
5795
c. Commercial lines residential and nonresidential policy
5796
forms that are generally similar to the basic perils of full
5797
coverage obtainable for commercial residential structures and
5798
commercial nonresidential structures in the admitted voluntary
5799
market.
5800
d. Personal lines and commercial lines residential property
5801
insurance forms that cover the peril of wind only. The forms are
5802
applicable only to residential properties located in areas
5803
eligible for coverage under the high-risk account referred to in
5804
sub-subparagraph (b)2.a.
5805
e. Commercial lines nonresidential property insurance forms
5806
that cover the peril of wind only. The forms are applicable only
5807
to nonresidential properties located in areas eligible for
5808
coverage under the high-risk account referred to in sub-
5809
subparagraph (b)2.a.
5810
f. The corporation may adopt variations of the policy forms
5811
listed in sub-subparagraphs a.-e. that contain more restrictive
5812
coverage.
5813
2.a. Must provide that the corporation adopt a program in
5814
which the corporation and authorized insurers enter into quota
5815
share primary insurance agreements for hurricane coverage, as
5816
defined in s. 627.4025(2)(a), for eligible risks, and adopt
5817
property insurance forms for eligible risks which cover the peril
5818
of wind only. As used in this subsection, the term:
5819
(I) "Quota share primary insurance" means an arrangement in
5820
which the primary hurricane coverage of an eligible risk is
5821
provided in specified percentages by the corporation and an
5822
authorized insurer. The corporation and authorized insurer are
5823
each solely responsible for a specified percentage of hurricane
5824
coverage of an eligible risk as set forth in a quota share
5825
primary insurance agreement between the corporation and an
5826
authorized insurer and the insurance contract. The responsibility
5827
of the corporation or authorized insurer to pay its specified
5828
percentage of hurricane losses of an eligible risk, as set forth
5829
in the quota share primary insurance agreement, may not be
5830
altered by the inability of the other party to the agreement to
5831
pay its specified percentage of hurricane losses. Eligible risks
5832
that are provided hurricane coverage through a quota share
5833
primary insurance arrangement must be provided policy forms that
5834
set forth the obligations of the corporation and authorized
5835
insurer under the arrangement, clearly specify the percentages of
5836
quota share primary insurance provided by the corporation and
5837
authorized insurer, and conspicuously and clearly state that
5838
neither the authorized insurer nor the corporation may be held
5839
responsible beyond its specified percentage of coverage of
5840
hurricane losses.
5841
(II) "Eligible risks" means personal lines residential and
5842
commercial lines residential risks that meet the underwriting
5843
criteria of the corporation and are located in areas that were
5844
eligible for coverage by the Florida Windstorm Underwriting
5845
Association on January 1, 2002.
5846
b. The corporation may enter into quota share primary
5847
insurance agreements with authorized insurers at corporation
5848
coverage levels of 90 percent and 50 percent.
5849
c. If the corporation determines that additional coverage
5850
levels are necessary to maximize participation in quota share
5851
primary insurance agreements by authorized insurers, the
5852
corporation may establish additional coverage levels. However,
5853
the corporation's quota share primary insurance coverage level
5854
may not exceed 90 percent.
5855
d. Any quota share primary insurance agreement entered into
5856
between an authorized insurer and the corporation must provide
5857
for a uniform specified percentage of coverage of hurricane
5858
losses, by county or territory as set forth by the corporation
5859
board, for all eligible risks of the authorized insurer covered
5860
under the quota share primary insurance agreement.
5861
e. Any quota share primary insurance agreement entered into
5862
between an authorized insurer and the corporation is subject to
5863
review and approval by the office. However, such agreement shall
5864
be authorized only as to insurance contracts entered into between
5865
an authorized insurer and an insured who is already insured by
5866
the corporation for wind coverage.
5867
f. For all eligible risks covered under quota share primary
5868
insurance agreements, the exposure and coverage levels for both
5869
the corporation and authorized insurers shall be reported by the
5870
corporation to the Florida Hurricane Catastrophe Fund. For all
5871
policies of eligible risks covered under quota share primary
5872
insurance agreements, the corporation and the authorized insurer
5873
shall maintain complete and accurate records for the purpose of
5874
exposure and loss reimbursement audits as required by Florida
5875
Hurricane Catastrophe Fund rules. The corporation and the
5876
authorized insurer shall each maintain duplicate copies of policy
5877
declaration pages and supporting claims documents.
5878
g. The corporation board shall establish in its plan of
5879
operation standards for quota share agreements which ensure that
5880
there is no discriminatory application among insurers as to the
5881
terms of quota share agreements, pricing of quota share
5882
agreements, incentive provisions if any, and consideration paid
5883
for servicing policies or adjusting claims.
5884
h. The quota share primary insurance agreement between the
5885
corporation and an authorized insurer must set forth the specific
5886
terms under which coverage is provided, including, but not
5887
limited to, the sale and servicing of policies issued under the
5888
agreement by the insurance agent of the authorized insurer
5889
producing the business, the reporting of information concerning
5890
eligible risks, the payment of premium to the corporation, and
5891
arrangements for the adjustment and payment of hurricane claims
5892
incurred on eligible risks by the claims adjuster and personnel
5893
of the authorized insurer. Entering into a quota sharing
5894
insurance agreement between the corporation and an authorized
5895
insurer shall be voluntary and at the discretion of the
5896
authorized insurer.
5897
3. May provide that the corporation may employ or otherwise
5898
contract with individuals or other entities to provide
5899
administrative or professional services that may be appropriate
5900
to effectuate the plan. The corporation shall have the power to
5901
borrow funds, by issuing bonds or by incurring other
5902
indebtedness, and shall have other powers reasonably necessary to
5903
effectuate the requirements of this subsection, including,
5904
without limitation, the power to issue bonds and incur other
5905
indebtedness in order to refinance outstanding bonds or other
5906
indebtedness. The corporation may, but is not required to, seek
5907
judicial validation of its bonds or other indebtedness under
5908
chapter 75. The corporation may issue bonds or incur other
5909
indebtedness, or have bonds issued on its behalf by a unit of
5910
local government pursuant to subparagraph (p)2., in the absence
5911
of a hurricane or other weather-related event, upon a
5912
determination by the corporation, subject to approval by the
5913
office, that such action would enable it to efficiently meet the
5914
financial obligations of the corporation and that such financings
5915
are reasonably necessary to effectuate the requirements of this
5916
subsection. The corporation is authorized to take all actions
5917
needed to facilitate tax-free status for any such bonds or
5918
indebtedness, including formation of trusts or other affiliated
5919
entities. The corporation shall have the authority to pledge
5920
assessments, projected recoveries from the Florida Hurricane
5921
Catastrophe Fund, other reinsurance recoverables, market
5922
equalization and other surcharges, and other funds available to
5923
the corporation as security for bonds or other indebtedness. In
5924
recognition of s. 10, Art. I of the State Constitution,
5925
prohibiting the impairment of obligations of contracts, it is the
5926
intent of the Legislature that no action be taken whose purpose
5927
is to impair any bond indenture or financing agreement or any
5928
revenue source committed by contract to such bond or other
5929
indebtedness.
5930
4.a. Must require that the corporation operate subject to
5931
the supervision and approval of a board of governors consisting
5932
of eight individuals who are residents of this state, from
5933
different geographical areas of this state. The Governor, the
5934
Chief Financial Officer, the President of the Senate, and the
5935
Speaker of the House of Representatives shall each appoint two
5936
members of the board. At least one of the two members appointed
5937
by each appointing officer must have demonstrated expertise in
5938
insurance. The Chief Financial Officer shall designate one of the
5939
appointees as chair. All board members serve at the pleasure of
5940
the appointing officer. All members of the board of governors are
5941
subject to removal at will by the officers who appointed them.
5942
All board members, including the chair, must be appointed to
5943
serve for 3-year terms beginning annually on a date designated by
5944
the plan. Any board vacancy shall be filled for the unexpired
5945
term by the appointing officer. The Chief Financial Officer shall
5946
appoint a technical advisory group to provide information and
5947
advice to the board of governors in connection with the board's
5948
duties under this subsection. The executive director and senior
5949
managers of the corporation shall be engaged by the board and
5950
serve at the pleasure of the board. Any executive director
5951
appointed on or after July 1, 2006, is subject to confirmation by
5952
the Senate. The executive director is responsible for employing
5953
other staff as the corporation may require, subject to review and
5954
concurrence by the board.
5955
b. The board shall create a Market Accountability Advisory
5956
Committee to assist the corporation in developing awareness of
5957
its rates and its customer and agent service levels in
5958
relationship to the voluntary market insurers writing similar
5959
coverage. The members of the advisory committee shall consist of
5960
the following 11 persons, one of whom must be elected chair by
5961
the members of the committee: four representatives, one appointed
5962
by the Florida Association of Insurance Agents, one by the
5963
Florida Association of Insurance and Financial Advisors, one by
5964
the Professional Insurance Agents of Florida, and one by the
5965
Latin American Association of Insurance Agencies; three
5966
representatives appointed by the insurers with the three highest
5967
voluntary market share of residential property insurance business
5968
in the state; one representative from the Office of Insurance
5969
Regulation; one consumer appointed by the board who is insured by
5970
the corporation at the time of appointment to the committee; one
5971
representative appointed by the Florida Association of Realtors;
5972
and one representative appointed by the Florida Bankers
5973
Association. All members must serve for 3-year terms and may
5974
serve for consecutive terms. The committee shall report to the
5975
corporation at each board meeting on insurance market issues
5976
which may include rates and rate competition with the voluntary
5977
market; service, including policy issuance, claims processing,
5978
and general responsiveness to policyholders, applicants, and
5979
agents; and matters relating to depopulation.
5980
5. Must provide a procedure for determining the eligibility
5981
of a risk for coverage, as follows:
5982
a. Subject to the provisions of s. 627.3517, with respect
5983
to personal lines residential risks, if the risk is offered
5984
coverage from an authorized insurer at the insurer's approved
5985
rate under either a standard policy including wind coverage or,
5986
if consistent with the insurer's underwriting rules as filed with
5987
the office, a basic policy including wind coverage, for a new
5988
application to the corporation for coverage, the risk is not
5989
eligible for any policy issued by the corporation unless the
5990
premium for coverage from the authorized insurer is more than 15
5991
percent greater than the premium for comparable coverage from the
5992
corporation. If the risk is not able to obtain any such offer,
5993
the risk is eligible for either a standard policy including wind
5994
coverage or a basic policy including wind coverage issued by the
5995
corporation; however, if the risk could not be insured under a
5996
standard policy including wind coverage regardless of market
5997
conditions, the risk shall be eligible for a basic policy
5998
including wind coverage unless rejected under subparagraph 8. 9.
5999
However, with regard to a policyholder of the corporation or a
6000
policyholder removed from the corporation through an assumption
6001
agreement until the end of the assumption period, the
6002
policyholder remains eligible for coverage from the corporation
6003
regardless of any offer of coverage from an authorized insurer or
6004
surplus lines insurer. The corporation shall determine the type
6005
of policy to be provided on the basis of objective standards
6006
specified in the underwriting manual and based on generally
6007
accepted underwriting practices.
6008
(I) If the risk accepts an offer of coverage through the
6009
market assistance plan or an offer of coverage through a
6010
mechanism established by the corporation before a policy is
6011
issued to the risk by the corporation or during the first 30 days
6012
of coverage by the corporation, and the producing agent who
6013
submitted the application to the plan or to the corporation is
6014
not currently appointed by the insurer, the insurer shall:
6015
(A) Pay to the producing agent of record of the policy, for
6016
the first year, an amount that is the greater of the insurer's
6017
usual and customary commission for the type of policy written or
6018
a fee equal to the usual and customary commission of the
6019
corporation; or
6020
(B) Offer to allow the producing agent of record of the
6021
policy to continue servicing the policy for a period of not less
6022
than 1 year and offer to pay the agent the greater of the
6023
insurer's or the corporation's usual and customary commission for
6024
the type of policy written.
6025
6026
If the producing agent is unwilling or unable to accept
6027
appointment, the new insurer shall pay the agent in accordance
6028
with sub-sub-sub-subparagraph (A).
6029
(II) When the corporation enters into a contractual
6030
agreement for a take-out plan, the producing agent of record of
6031
the corporation policy is entitled to retain any unearned
6032
commission on the policy, and the insurer shall:
6033
(A) Pay to the producing agent of record of the corporation
6034
policy, for the first year, an amount that is the greater of the
6035
insurer's usual and customary commission for the type of policy
6036
written or a fee equal to the usual and customary commission of
6037
the corporation; or
6038
(B) Offer to allow the producing agent of record of the
6039
corporation policy to continue servicing the policy for a period
6040
of not less than 1 year and offer to pay the agent the greater of
6041
the insurer's or the corporation's usual and customary commission
6042
for 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
b. With respect to commercial lines residential risks, for
6048
a new application to the corporation for coverage, if the risk is
6049
offered coverage under a policy including wind coverage from an
6050
authorized insurer at its approved rate, the risk is not eligible
6051
for any policy issued by the corporation unless the premium for
6052
coverage from the authorized insurer is more than 15 percent
6053
greater than the premium for comparable coverage from the
6054
corporation. If the risk is not able to obtain any such offer,
6055
the risk is eligible for a policy including wind coverage issued
6056
by the corporation. However, with regard to a policyholder of the
6057
corporation or a policyholder removed from the corporation
6058
through an assumption agreement until the end of the assumption
6059
period, the policyholder remains eligible for coverage from the
6060
corporation regardless of any offer of coverage from an
6061
authorized insurer or surplus lines insurer.
6062
(I) If the risk accepts an offer of coverage through the
6063
market assistance plan or an offer of coverage through a
6064
mechanism established by the corporation before a policy is
6065
issued to the risk by the corporation or during the first 30 days
6066
of coverage by the corporation, and the producing agent who
6067
submitted the application to the plan or the corporation is not
6068
currently appointed by the insurer, the insurer shall:
6069
(A) Pay to the producing agent of record of the policy, for
6070
the first year, an amount that is the greater of the insurer's
6071
usual and customary commission for the type of policy written or
6072
a fee equal to the usual and customary commission of the
6073
corporation; or
6074
(B) Offer to allow the producing agent of record of the
6075
policy to continue servicing the policy for a period of not less
6076
than 1 year and offer to pay the agent the greater of the
6077
insurer's or the corporation's usual and customary commission for
6078
the type of policy written.
6079
6080
If the producing agent is unwilling or unable to accept
6081
appointment, the new insurer shall pay the agent in accordance
6082
with sub-sub-sub-subparagraph (A).
6083
(II) When the corporation enters into a contractual
6084
agreement for a take-out plan, the producing agent of record of
6085
the corporation policy is entitled to retain any unearned
6086
commission on the policy, and the insurer shall:
6087
(A) Pay to the producing agent of record of the corporation
6088
policy, for the first year, an amount that is the greater of the
6089
insurer's usual and customary commission for the type of policy
6090
written or a fee equal to the usual and customary commission of
6091
the corporation; or
6092
(B) Offer to allow the producing agent of record of the
6093
corporation policy to continue servicing the policy for a period
6094
of not less than 1 year and offer to pay the agent the greater of
6095
the insurer's or the corporation's usual and customary commission
6096
for 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
c. For purposes of determining comparable coverage under
6102
sub-subparagraphs a. and b., the comparison shall be based on
6103
those forms and coverages that are reasonably comparable. The
6104
corporation may rely on a determination of comparable coverage
6105
and premium made by the producing agent who submits the
6106
application to the corporation, made in the agent's capacity as
6107
the corporation's agent. A comparison may be made solely of the
6108
premium with respect to the main building or structure only on
6109
the following basis: the same coverage A or other building
6110
limits; the same percentage hurricane deductible that applies on
6111
an annual basis or that applies to each hurricane for commercial
6112
residential property; the same percentage of ordinance and law
6113
coverage, if the same limit is offered by both the corporation
6114
and the authorized insurer; the same mitigation credits, to the
6115
extent the same types of credits are offered both by the
6116
corporation and the authorized insurer; the same method for loss
6117
payment, such as replacement cost or actual cash value, if the
6118
same method is offered both by the corporation and the authorized
6119
insurer in accordance with underwriting rules; and any other form
6120
or coverage that is reasonably comparable as determined by the
6121
board. If an application is submitted to the corporation for
6122
wind-only coverage in the high-risk account, the premium for the
6123
corporation's wind-only policy plus the premium for the ex-wind
6124
policy that is offered by an authorized insurer to the applicant
6125
shall be compared to the premium for multiperil coverage offered
6126
by an authorized insurer, subject to the standards for comparison
6127
specified in this subparagraph. If the corporation or the
6128
applicant requests from the authorized insurer a breakdown of the
6129
premium of the offer by types of coverage so that a comparison
6130
may be made by the corporation or its agent and the authorized
6131
insurer refuses or is unable to provide such information, the
6132
corporation may treat the offer as not being an offer of coverage
6133
from an authorized insurer at the insurer's approved rate.
6134
6. Must include rules for classifications of risks and
6135
rates therefor.
6136
7. Must provide that if premium and investment income for
6137
an account attributable to a particular calendar year are in
6138
excess of projected losses and expenses for the account
6139
attributable to that year, such excess shall be held in surplus
6140
in the account. Such surplus shall be available to defray
6141
deficits in that account as to future years and shall be used for
6142
that purpose prior to assessing assessable insurers and
6143
assessable insureds as to any calendar year.
6144
8. Must provide objective criteria and procedures to be
6145
uniformly applied for all applicants in determining whether an
6146
individual risk is so hazardous as to be uninsurable. In making
6147
this determination and in establishing the criteria and
6148
procedures, the following shall be considered:
6149
a. Whether the likelihood of a loss for the individual risk
6150
is substantially higher than for other risks of the same class;
6151
and
6152
b. Whether the uncertainty associated with the individual
6153
risk is such that an appropriate premium cannot be determined.
6154
6155
The acceptance or rejection of a risk by the corporation shall be
6156
construed as the private placement of insurance, and the
6157
provisions of chapter 120 shall not apply.
6158
9. Must provide that the corporation shall make its best
6159
efforts to procure catastrophe reinsurance at reasonable rates,
6160
to cover its projected 100-year probable maximum loss as
6161
determined by the board of governors.
6162
10. Must provide that in the event of regular deficit
6163
assessments under sub-subparagraph (b)3.a. or sub-subparagraph
6164
(b)3.b., in the personal lines account, the commercial lines
6165
residential account, or the high-risk account, the corporation
6166
shall levy upon corporation policyholders in its next rate
6167
filing, or by a separate rate filing solely for this purpose, a
6168
Citizens policyholder surcharge arising from a regular assessment
6169
in such account in a percentage equal to the total amount of such
6170
regular assessments divided by the aggregate statewide direct
6171
written premium for subject lines of business for the prior
6172
calendar year. For purposes of calculating the Citizens
6173
policyholder surcharge to be levied under this subparagraph, the
6174
total amount of the regular assessment to which this surcharge is
6175
related shall be determined as set forth in subparagraph (b)3.,
6176
without deducting the estimated Citizens policyholder surcharge.
6177
Citizens policyholder surcharges under this subparagraph are not
6178
considered premium and are not subject to commissions, fees, or
6179
premium taxes; however, failure to pay a market equalization
6180
surcharge shall be treated as failure to pay premium.
6181
11. The policies issued by the corporation must provide
6182
that, if the corporation or the market assistance plan obtains an
6183
offer from an authorized insurer to cover the risk at its
6184
approved rates, the risk is no longer eligible for renewal
6185
through the corporation, except as otherwise provided in this
6186
subsection.
6187
12. Corporation policies and applications must include a
6188
notice that the corporation policy could, under this section, be
6189
replaced with a policy issued by an authorized insurer that does
6190
not provide coverage identical to the coverage provided by the
6191
corporation. The notice shall also specify that acceptance of
6192
corporation coverage creates a conclusive presumption that the
6193
applicant or policyholder is aware of this potential.
6194
13. May establish, subject to approval by the office,
6195
different eligibility requirements and operational procedures for
6196
any line or type of coverage for any specified county or area if
6197
the board determines that such changes to the eligibility
6198
requirements and operational procedures are justified due to the
6199
voluntary market being sufficiently stable and competitive in
6200
such area or for such line or type of coverage and that consumers
6201
who, in good faith, are unable to obtain insurance through the
6202
voluntary market through ordinary methods would continue to have
6203
access to coverage from the corporation. When coverage is sought
6204
in connection with a real property transfer, such requirements
6205
and procedures shall not provide for an effective date of
6206
coverage later than the date of the closing of the transfer as
6207
established by the transferor, the transferee, and, if
6208
applicable, the lender.
6209
14. Must provide that, with respect to the high-risk
6210
account, any assessable insurer with a surplus as to
6211
policyholders of $25 million or less writing 25 percent or more
6212
of its total countrywide property insurance premiums in this
6213
state may petition the office, within the first 90 days of each
6214
calendar year, to qualify as a limited apportionment company. A
6215
regular assessment levied by the corporation on a limited
6216
apportionment company for a deficit incurred by the corporation
6217
for the high-risk account in 2006 or thereafter may be paid to
6218
the corporation on a monthly basis as the assessments are
6219
collected by the limited apportionment company from its insureds
6220
pursuant to s. 627.3512, but the regular assessment must be paid
6221
in full within 12 months after being levied by the corporation. A
6222
limited apportionment company shall collect from its
6223
policyholders any emergency assessment imposed under sub-
6224
subparagraph (b)3.d. The plan shall provide that, if the office
6225
determines that any regular assessment will result in an
6226
impairment of the surplus of a limited apportionment company, the
6227
office may direct that all or part of such assessment be deferred
6228
as provided in subparagraph (p)4. However, there shall be no
6229
limitation or deferment of an emergency assessment to be
6230
collected from policyholders under sub-subparagraph (b)3.d.
6231
15. Must provide that the corporation appoint as its
6232
licensed agents only those agents who also hold an appointment as
6233
defined in s. 626.015(3) with an insurer who at the time of the
6234
agent's initial appointment by the corporation is authorized to
6235
write and is actually writing personal lines residential property
6236
coverage, commercial residential property coverage, or commercial
6237
nonresidential property coverage within the state.
6238
16. Must provide, by July 1, 2007, a premium payment plan
6239
option to its policyholders which allows at a minimum for
6240
quarterly and semiannual payment of premiums. A monthly payment
6241
plan may, but is not required to, be offered.
6242
17. Must limit coverage on mobile homes or manufactured
6243
homes built prior to 1994 to actual cash value of the dwelling
6244
rather than replacement costs of the dwelling.
6245
18. May provide such limits of coverage as the board
6246
determines, consistent with the requirements of this subsection.
6247
19. May require commercial property to meet specified
6248
hurricane mitigation construction features as a condition of
6249
eligibility for coverage.
6250
(n) If coverage in an account is deactivated pursuant to
6251
paragraph (o), coverage through the corporation shall be
6252
reactivated by order of the office only under one of the
6253
following circumstances:
6254
1. If the market assistance plan receives a minimum of 100
6255
applications for coverage within a 3-month period, or 200
6256
applications for coverage within a 1-year period or less for
6257
residential coverage, unless the market assistance plan provides
6258
a quotation from admitted carriers at their filed rates for at
6259
least 90 percent of such applicants. Any market assistance plan
6260
application that is rejected because an individual risk is so
6261
hazardous as to be uninsurable using the criteria specified in
6262
subparagraph (c)8. (c)9. shall not be included in the minimum
6263
percentage calculation provided herein. In the event that there
6264
is a legal or administrative challenge to a determination by the
6265
office that the conditions of this subparagraph have been met for
6266
eligibility for coverage in the corporation, any eligible risk
6267
may obtain coverage during the pendency of such challenge.
6268
2. In response to a state of emergency declared by the
6269
Governor under s. 252.36, the office may activate coverage by
6270
order for the period of the emergency upon a finding by the
6271
office that the emergency significantly affects the availability
6272
of residential property insurance.
6273
(v) Notwithstanding any other provision of law:
6274
1. The pledge or sale of, the lien upon, and the security
6275
interest in any rights, revenues, or other assets of the
6276
corporation created or purported to be created pursuant to any
6277
financing documents to secure any bonds or other indebtedness of
6278
the corporation shall be and remain valid and enforceable,
6279
notwithstanding the commencement of and during the continuation
6280
of, and after, any rehabilitation, insolvency, liquidation,
6281
bankruptcy, receivership, conservatorship, reorganization, or
6282
similar proceeding against the corporation under the laws of this
6283
state.
6284
2. No such proceeding shall relieve the corporation of its
6285
obligation, or otherwise affect its ability to perform its
6286
obligation, to continue to collect, or levy and collect,
6287
assessments, market equalization or other surcharges under
6288
subparagraph (c)10. (c)11., or any other rights, revenues, or
6289
other assets of the corporation pledged pursuant to any financing
6290
documents.
6291
3. Each such pledge or sale of, lien upon, and security
6292
interest in, including the priority of such pledge, lien, or
6293
security interest, any such assessments, market equalization or
6294
other surcharges, or other rights, revenues, or other assets
6295
which are collected, or levied and collected, after the
6296
commencement of and during the pendency of, or after, any such
6297
proceeding shall continue unaffected by such proceeding. As used
6298
in this subsection, the term "financing documents" means any
6299
agreement or agreements, instrument or instruments, or other
6300
document or documents now existing or hereafter created
6301
evidencing any bonds or other indebtedness of the corporation or
6302
pursuant to which any such bonds or other indebtedness has been
6303
or may be issued and pursuant to which any rights, revenues, or
6304
other assets of the corporation are pledged or sold to secure the
6305
repayment of such bonds or indebtedness, together with the
6306
payment of interest on such bonds or such indebtedness, or the
6307
payment of any other obligation or financial product, as defined
6308
in the plan of operation of the corporation related to such bonds
6309
or indebtedness.
6310
4. Any such pledge or sale of assessments, revenues,
6311
contract rights, or other rights or assets of the corporation
6312
shall constitute a lien and security interest, or sale, as the
6313
case may be, that is immediately effective and attaches to such
6314
assessments, revenues, or contract rights or other rights or
6315
assets, whether or not imposed or collected at the time the
6316
pledge or sale is made. Any such pledge or sale is effective,
6317
valid, binding, and enforceable against the corporation or other
6318
entity making such pledge or sale, and valid and binding against
6319
and superior to any competing claims or obligations owed to any
6320
other person or entity, including policyholders in this state,
6321
asserting rights in any such assessments, revenues, or contract
6322
rights or other rights or assets to the extent set forth in and
6323
in accordance with the terms of the pledge or sale contained in
6324
the applicable financing documents, whether or not any such
6325
person or entity has notice of such pledge or sale and without
6326
the need for any physical delivery, recordation, filing, or other
6327
action.
6328
5. As long as the corporation has any bonds outstanding,
6329
the corporation may not file a voluntary petition under chapter 9
6330
of the federal Bankruptcy Code or such corresponding chapter or
6331
sections as may be in effect, from time to time, and a public
6332
officer or any organization, entity, or other person may not
6333
authorize the corporation to be or become a debtor under chapter
6334
9 of the federal Bankruptcy Code or such corresponding chapter or
6335
sections as may be in effect, from time to time, during any such
6336
period.
6337
6. If ordered by a court of competent jurisdiction, the
6338
corporation may assume policies or otherwise provide coverage for
6339
policyholders of an insurer placed in liquidation under chapter
6340
631, under such forms, rates, terms, and conditions as the
6341
corporation deems appropriate, subject to approval by the office.
6342
(w)1. The following records of the corporation are
6343
confidential and exempt from the provisions of s. 119.07(1) and
6344
s. 24(a), Art. I of the State Constitution:
6345
a. Underwriting files, except that a policyholder or an
6346
applicant shall have access to his or her own underwriting files.
6347
b. Claims files, until termination of all litigation and
6348
settlement of all claims arising out of the same incident,
6349
although portions of the claims files may remain exempt, as
6350
otherwise provided by law. Confidential and exempt claims file
6351
records may be released to other governmental agencies upon
6352
written request and demonstration of need; such records held by
6353
the receiving agency remain confidential and exempt as provided
6354
for herein.
6355
c. Records obtained or generated by an internal auditor
6356
pursuant to a routine audit, until the audit is completed, or if
6357
the audit is conducted as part of an investigation, until the
6358
investigation is closed or ceases to be active. An investigation
6359
is considered "active" while the investigation is being conducted
6360
with a reasonable, good faith belief that it could lead to the
6361
filing of administrative, civil, or criminal proceedings.
6362
d. Matters reasonably encompassed in privileged attorney-
6363
client communications.
6364
e. Proprietary information licensed to the corporation
6365
under contract and the contract provides for the confidentiality
6366
of such proprietary information.
6367
f. All information relating to the medical condition or
6368
medical status of a corporation employee which is not relevant to
6369
the employee's capacity to perform his or her duties, except as
6370
otherwise provided in this paragraph. Information which is exempt
6371
shall include, but is not limited to, information relating to
6372
workers' compensation, insurance benefits, and retirement or
6373
disability benefits.
6374
g. Upon an employee's entrance into the employee assistance
6375
program, a program to assist any employee who has a behavioral or
6376
medical disorder, substance abuse problem, or emotional
6377
difficulty which affects the employee's job performance, all
6378
records relative to that participation shall be confidential and
6379
exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
6380
of the State Constitution, except as otherwise provided in s.
6381
112.0455(11).
6382
h. Information relating to negotiations for financing,
6383
reinsurance, depopulation, or contractual services, until the
6384
conclusion of the negotiations.
6385
i. Minutes of closed meetings regarding underwriting files,
6386
and minutes of closed meetings regarding an open claims file
6387
until termination of all litigation and settlement of all claims
6388
with regard to that claim, except that information otherwise
6389
confidential or exempt by law will be redacted.
6390
6391
When an authorized insurer is considering underwriting a risk
6392
insured by the corporation, relevant underwriting files and
6393
confidential claims files may be released to the insurer provided
6394
the insurer agrees in writing, notarized and under oath, to
6395
maintain the confidentiality of such files. When a file is
6396
transferred to an insurer that file is no longer a public record
6397
because it is not held by an agency subject to the provisions of
6398
the public records law. Underwriting files and confidential
6399
claims files may also be released to staff of and the board of
6400
governors of the market assistance plan established pursuant to
6401
s. 627.3515, who must retain the confidentiality of such files,
6402
except such files may be released to authorized insurers that are
6403
considering assuming the risks to which the files apply, provided
6404
the insurer agrees in writing, notarized and under oath, to
6405
maintain the confidentiality of such files. Finally, the
6406
corporation or the board or staff of the market assistance plan
6407
may make the following information obtained from underwriting
6408
files and confidential claims files available to licensed general
6409
lines insurance agents: name, address, and telephone number of
6410
the residential property owner or insured; location of the risk;
6411
rating information; loss history; and policy type. The receiving
6412
licensed general lines insurance agent must retain the
6413
confidentiality of the information received.
6414
2. Portions of meetings of the corporation are exempt from
6415
the provisions of s. 286.011 and s. 24(b), Art. I of the State
6416
Constitution wherein confidential underwriting files or
6417
confidential open claims files are discussed. All portions of
6418
corporation meetings which are closed to the public shall be
6419
recorded by a court reporter. The court reporter shall record the
6420
times of commencement and termination of the meeting, all
6421
discussion and proceedings, the names of all persons present at
6422
any time, and the names of all persons speaking. No portion of
6423
any closed meeting shall be off the record. Subject to the
6425
court reporter's notes of any closed meeting shall be retained by
6426
the corporation for a minimum of 5 years. A copy of the
6427
transcript, less any exempt matters, of any closed meeting
6428
wherein claims are discussed shall become public as to individual
6429
claims after settlement of the claim.
6430
Reviser's note.--Paragraph (2)(b) is amended to conform to
6431
the redesignation of Dade County as Miami-Dade County by s.
6432
1-4.2 of the Miami-Dade County Code. Paragraphs (6)(c) and
6433
(6)(n) are amended to conform to the redesignation of
6434
subparagraph (c)8. as subparagraph (c)9. by s. 15, ch. 2006-
6435
12, Laws of Florida, and further redesignation as
6436
subparagraph (c)8. by s. 11, ch. 2007-90, Laws of Florida.
6437
Paragraph (6)(v) is amended to conform to the redesignation
6438
of subparagraph (c)10. as subparagraph (c)11. by s. 15, ch.
6439
2006-12, and further redesignation as subparagraph (c)10. by
6440
s. 11, ch. 2007-90. Paragraph (6)(w) is amended to conform
6441
to the redesignation of s. 119.07(1)(b)-(d) as s.
6442
119.07(1)(d)-(f) by s. 1, ch. 2007-39, Laws of Florida, and
6443
to correct the reference by s. 4, ch. 2007-39.
6444
Section 149. Paragraph (a) of subsection (3) and paragraph
6445
(b) of subsection (6) of section 627.3511, Florida Statutes, are
6446
amended to read:
6447
627.3511 Depopulation of Citizens Property Insurance
6448
Corporation.--
6449
(3) EXEMPTION FROM DEFICIT ASSESSMENTS.--
6450
(a) The calculation of an insurer's assessment liability
6451
under s. 627.351(6)(b)3.a. or b. shall, for an insurer that in
6452
any calendar year removes 50,000 or more risks from the Citizens
6453
Property Insurance Corporation, either by issuance of a policy
6454
upon expiration or cancellation of the corporation policy or by
6455
assumption of the corporation's obligations with respect to in-
6456
force policies, exclude such removed policies for the succeeding
6457
3 years, as follows:
6458
1. In the first year following removal of the risks, the
6459
risks are excluded from the calculation to the extent of 100
6460
percent.
6461
2. In the second year following removal of the risks, the
6462
risks are excluded from the calculation to the extent of 75
6463
percent.
6464
3. In the third year following removal of the risks, the
6465
risks are excluded from the calculation to the extent of 50
6466
percent.
6467
6468
If the removal of risks is accomplished through assumption of
6469
obligations with respect to in-force policies, the corporation
6470
shall pay to the assuming insurer all unearned premium with
6471
respect to such policies less any policy acquisition costs agreed
6472
to by the corporation and assuming insurer. The term "policy
6473
acquisition costs" is defined as costs of issuance of the policy
6474
by the corporation which includes agent commissions, servicing
6475
company fees, and premium tax. This paragraph does not apply to
6476
an insurer that, at any time within 5 years before removing the
6477
risks, had a market share in excess of 0.1 percent of the
6478
statewide aggregate gross direct written premium for any line of
6479
property insurance, or to an affiliate of such an insurer. This
6480
paragraph does not apply unless either at least 40 percent of the
6481
risks removed from the corporation are located in Miami-Dade
6482
Dade, Broward, and Palm Beach Counties, or at least 30 percent of
6483
the risks removed from the corporation are located in such
6484
counties and an additional 50 percent of the risks removed from
6485
the corporation are located in other coastal counties.
6486
(6) COMMERCIAL RESIDENTIAL TAKE-OUT PLANS.--
6487
(b) In order for a plan to qualify for approval:
6488
1. At least 40 percent of the policies removed from the
6489
corporation under the plan must be located in Miami-Dade Dade,
6490
Broward, and Palm Beach Counties, or at least 30 percent of the
6491
policies removed from the corporation under the plan must be
6492
located in such counties and an additional 50 percent of the
6493
policies removed from the corporation must be located in other
6494
coastal counties.
6495
2. The insurer must renew the replacement policy at
6496
approved rates on substantially similar terms for two additional
6497
1-year terms, unless canceled or nonrenewed by the insurer for a
6498
lawful reason other than reduction of hurricane exposure. If an
6499
insurer assumes the corporation's obligations for a policy, it
6500
must issue a replacement policy for a 1-year term upon expiration
6501
of the corporation policy and must renew the replacement policy
6502
at approved rates on substantially similar terms for two
6503
additional 1-year terms, unless canceled by the insurer for a
6504
lawful reason other than reduction of hurricane exposure. For
6505
each replacement policy canceled or nonrenewed by the insurer for
6506
any reason during the 3-year coverage period required by this
6507
subparagraph, the insurer must remove from the corporation one
6508
additional policy covering a risk similar to the risk covered by
6509
the canceled or nonrenewed policy.
6510
Reviser's note.--Amended to conform to the redesignation of
6511
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
6512
Dade County Code.
6513
Section 150. Paragraph (b) of subsection (2) of section
6514
627.4133, Florida Statutes, is amended to read:
6515
627.4133 Notice of cancellation, nonrenewal, or renewal
6516
premium.--
6517
(2) With respect to any personal lines or commercial
6518
residential property insurance policy, including, but not limited
6519
to, any homeowner's, mobile home owner's, farmowner's,
6520
condominium association, condominium unit owner's, apartment
6521
building, or other policy covering a residential structure or its
6522
contents:
6523
(b) The insurer shall give the named insured written notice
6524
of nonrenewal, cancellation, or termination at least 100 days
6525
prior to the effective date of the nonrenewal, cancellation, or
6526
termination. However, the insurer shall give at least 100 days'
6527
written notice, or written notice by June 1, whichever is
6528
earlier, for any nonrenewal, cancellation, or termination that
6529
would be effective between June 1 and November 30. The notice
6530
must include the reason or reasons for the nonrenewal,
6531
cancellation, or termination, except that:
6532
1. When cancellation is for nonpayment of premium, at least
6533
10 days' written notice of cancellation accompanied by the reason
6534
therefor shall be given. As used in this subparagraph, the term
6535
"nonpayment of premium" means failure of the named insured to
6536
discharge when due any of her or his obligations in connection
6537
with the payment of premiums on a policy or any installment of
6538
such premium, whether the premium is payable directly to the
6539
insurer or its agent or indirectly under any premium finance plan
6540
or extension of credit, or failure to maintain membership in an
6541
organization if such membership is a condition precedent to
6542
insurance coverage. "Nonpayment of premium" also means the
6543
failure of a financial institution to honor an insurance
6544
applicant's check after delivery to a licensed agent for payment
6545
of a premium, even if the agent has previously delivered or
6546
transferred the premium to the insurer. If a dishonored check
6547
represents the initial premium payment, the contract and all
6548
contractual obligations shall be void ab initio unless the
6549
nonpayment is cured within the earlier of 5 days after actual
6550
notice by certified mail is received by the applicant or 15 days
6551
after notice is sent to the applicant by certified mail or
6552
registered mail, and if the contract is void, any premium
6553
received by the insurer from a third party shall be refunded to
6554
that party in full.
6555
2. When such cancellation or termination occurs during the
6556
first 90 days during which the insurance is in force and the
6557
insurance is canceled or terminated for reasons other than
6558
nonpayment of premium, at least 20 days' written notice of
6559
cancellation or termination accompanied by the reason therefor
6560
shall be given except where there has been a material
6561
misstatement or misrepresentation or failure to comply with the
6562
underwriting requirements established by the insurer.
6563
3. The requirement for providing written notice of
6564
nonrenewal by June 1 of any nonrenewal that would be effective
6565
between June 1 and November 30 does not apply to the following
6566
situations, but the insurer remains subject to the requirement to
6567
provide such notice at least 100 days prior to the effective date
6568
of nonrenewal:
6569
a. A policy that is nonrenewed due to a revision in the
6570
coverage for sinkhole losses and catastrophic ground cover
6572
chapter 2007-1, Laws of Florida.
6573
b. A policy that is nonrenewed by Citizens Property
6574
Insurance Corporation, pursuant to s. 627.351(6), for a policy
6575
that has been assumed by an authorized insurer offering
6576
replacement or renewal coverage to the policyholder.
6577
6578
After the policy has been in effect for 90 days, the policy shall
6579
not be canceled by the insurer except when there has been a
6580
material misstatement, a nonpayment of premium, a failure to
6581
comply with underwriting requirements established by the insurer
6582
within 90 days of the date of effectuation of coverage, or a
6583
substantial change in the risk covered by the policy or when the
6584
cancellation is for all insureds under such policies for a given
6585
class of insureds. This paragraph does not apply to individually
6586
rated risks having a policy term of less than 90 days.
6587
Reviser's note.--Amended to correct a reference and conform
6588
to context. Section 627.730 is the short title of the
6589
Florida Motor Vehicle No-Fault Law; s. 627.706 relates to
6590
coverage for sinkhole losses and catastrophic ground cover
6591
collapse.
6592
Section 151. Paragraph (a) of subsection (3) and paragraph
6593
(c) of subsection (6) of section 627.701, Florida Statutes, are
6594
amended to read:
6595
627.701 Liability of insureds; coinsurance; deductibles.--
6596
(3)(a) Except as otherwise provided in this subsection,
6597
prior to issuing a personal lines residential property insurance
6598
policy, the insurer must offer alternative deductible amounts
6599
applicable to hurricane losses equal to $500, 2 percent, 5
6600
percent, and 10 percent of the policy dwelling limits, unless the
6601
specific percentage deductible is less than $500. The written
6602
notice of the offer shall specify the hurricane deductible to be
6603
applied in the event that the applicant or policyholder fails to
6604
affirmatively choose a hurricane deductible. The insurer must
6605
provide such policyholder with notice of the availability of the
6606
deductible amounts specified in this subsection paragraph in a
6607
form approved by the office in conjunction with each renewal of
6608
the policy. The failure to provide such notice constitutes a
6609
violation of this code but does not affect the coverage provided
6610
under the policy.
6611
(6)
6612
(c) A secured hurricane deductible must include the
6613
substance of the following:
6614
1. The first $500 of any claim, regardless of the peril
6615
causing the loss, is fully deductible.
6616
2. With respect to hurricane losses only, the next $5,000
6617
in losses are fully insured, subject only to a copayment
6618
requirement of 10 percent.
6619
3. With respect to hurricane losses only, the remainder of
6620
the claim is subject to a deductible equal to a specified
6621
percentage of the policy dwelling limits in excess of the
6622
deductible allowed under former paragraph (3)(a) but no higher
6623
than 10 percent of the policy dwelling limits.
6624
4. The insurer agrees to renew the coverage on a guaranteed
6625
basis for a period of years after initial issuance of the secured
6626
deductible equal to at least 1 year for each 2 percentage points
6627
of deductible specified in subparagraph 3. unless the policy is
6628
canceled for nonpayment of premium or the insured fails to
6629
maintain the certificate of security. Such renewal shall be at
6630
the same premium as the initial policy except for premium changes
6631
attributable to changes in the value of the property.
6632
Reviser's note.--Paragraph (3)(a) is amended to conform to
6633
context and correct a reference. Paragraph (6)(c) is amended
6634
to clarify the status of former paragraph (3)(a), which was
6635
deleted by s. 28, ch. 2007-1, Laws of Florida.
6636
Section 152. Paragraph (b) of subsection (2) of section
6637
627.7261, Florida Statutes, is amended to read:
6638
627.7261 Refusal to issue policy.--
6639
(2)
6640
(b) As used in this section, the term "volunteer driver"
6641
means a person who provides services, including transporting
6642
individuals or goods, without compensation in excess of expenses
6643
to a private nonprofit agency as defined in s. 273.01(3) or a
6645
Reviser's note.--Amended to correct a reference and improve
6646
clarity. Section 737.501 was repealed by s. 48, ch. 2006-
6647
217, Laws of Florida; s. 736.1201, created by s. 12, ch.
6648
2006-217, now provides the definition of the term
6649
"charitable organization" previously found in s. 737.501(2).
6650
Section 153. Paragraphs (a) and (e) of subsection (5) of
6651
section 627.736, Florida Statutes, as revived, reenacted, and
6652
amended by sections 13 and 20 of chapter 2007-324, Laws of
6653
Florida, are amended to read:
6654
627.736 Required personal injury protection benefits;
6655
exclusions; priority; claims.--
6656
(5) CHARGES FOR TREATMENT OF INJURED PERSONS.--
6657
(a)1. Any physician, hospital, clinic, or other person or
6658
institution lawfully rendering treatment to an injured person for
6659
a bodily injury covered by personal injury protection insurance
6660
may charge the insurer and injured party only a reasonable amount
6661
pursuant to this section for the services and supplies rendered,
6662
and the insurer providing such coverage may pay for such charges
6663
directly to such person or institution lawfully rendering such
6664
treatment, if the insured receiving such treatment or his or her
6665
guardian has countersigned the properly completed invoice, bill,
6666
or claim form approved by the office upon which such charges are
6667
to be paid for as having actually been rendered, to the best
6668
knowledge of the insured or his or her guardian. In no event,
6669
however, may such a charge be in excess of the amount the person
6670
or institution customarily charges for like services or supplies.
6671
With respect to a determination of whether a charge for a
6672
particular service, treatment, or otherwise is reasonable,
6673
consideration may be given to evidence of usual and customary
6674
charges and payments accepted by the provider involved in the
6675
dispute, and reimbursement levels in the community and various
6676
federal and state medical fee schedules applicable to automobile
6677
and other insurance coverages, and other information relevant to
6678
the reasonableness of the reimbursement for the service,
6679
treatment, or supply.
6680
2. The insurer may limit reimbursement to 80 percent of the
6681
following schedule of maximum charges:
6682
a. For emergency transport and treatment by providers
6683
licensed under chapter 401, 200 percent of Medicare.
6684
b. For emergency services and care provided by a hospital
6685
licensed under chapter 395, 75 percent of the hospital's usual
6686
and customary charges.
6687
c. For emergency services and care as defined by s.
6689
chapter 395 rendered by a physician or dentist, and related
6690
hospital inpatient services rendered by a physician or dentist,
6691
the usual and customary charges in the community.
6692
d. For hospital inpatient services, other than emergency
6693
services and care, 200 percent of the Medicare Part A prospective
6694
payment applicable to the specific hospital providing the
6695
inpatient services.
6696
e. For hospital outpatient services, other than emergency
6697
services and care, 200 percent of the Medicare Part A Ambulatory
6698
Payment Classification for the specific hospital providing the
6699
outpatient services.
6700
f. For all other medical services, supplies, and care, 200
6701
percent of the applicable Medicare Part B fee schedule. However,
6702
if such services, supplies, or care is not reimbursable under
6703
Medicare Part B, the insurer may limit reimbursement to 80
6704
percent of the maximum reimbursable allowance under workers'
6705
compensation, as determined under s. 440.13 and rules adopted
6706
thereunder which are in effect at the time such services,
6707
supplies, or care is provided. Services, supplies, or care that
6708
is not reimbursable under Medicare or workers' compensation is
6709
not required to be reimbursed by the insurer.
6710
3. For purposes of subparagraph 2., the applicable fee
6711
schedule or payment limitation under Medicare is the fee schedule
6712
or payment limitation in effect at the time the services,
6713
supplies, or care was rendered and for the area in which such
6714
services were rendered, except that it may not be less than the
6715
applicable 2007 Medicare Part B fee schedule for medical
6716
services, supplies, and care subject to Medicare Part B.
6717
4. Subparagraph 2. does not allow the insurer to apply any
6718
limitation on the number of treatments or other utilization
6719
limits that apply under Medicare or workers' compensation. An
6720
insurer that applies the allowable payment limitations of
6721
subparagraph 2. must reimburse a provider who lawfully provided
6722
care or treatment under the scope of his or her license,
6723
regardless of whether such provider would be entitled to
6724
reimbursement under Medicare due to restrictions or limitations
6725
on the types or discipline of health care providers who may be
6726
reimbursed for particular procedures or procedure codes.
6727
5. If an insurer limits payment as authorized by
6728
subparagraph 2., the person providing such services, supplies, or
6729
care may not bill or attempt to collect from the insured any
6730
amount in excess of such limits, except for amounts that are not
6731
covered by the insured's personal injury protection coverage due
6732
to the coinsurance amount or maximum policy limits.
6733
(e)1. At the initial treatment or service provided, each
6734
physician, other licensed professional, clinic, or other medical
6735
institution providing medical services upon which a claim for
6736
personal injury protection benefits is based shall require an
6737
insured person, or his or her guardian, to execute a disclosure
6738
and acknowledgment form, which reflects at a minimum that:
6739
a. The insured, or his or her guardian, must countersign
6740
the form attesting to the fact that the services set forth
6741
therein were actually rendered;
6742
b. The insured, or his or her guardian, has both the right
6743
and affirmative duty to confirm that the services were actually
6744
rendered;
6745
c. The insured, or his or her guardian, was not solicited
6746
by any person to seek any services from the medical provider;
6747
d. That The physician, other licensed professional, clinic,
6748
or other medical institution rendering services for which payment
6749
is being claimed explained the services to the insured or his or
6750
her guardian; and
6751
e. If the insured notifies the insurer in writing of a
6752
billing error, the insured may be entitled to a certain
6753
percentage of a reduction in the amounts paid by the insured's
6754
motor vehicle insurer.
6755
2. The physician, other licensed professional, clinic, or
6756
other medical institution rendering services for which payment is
6757
being claimed has the affirmative duty to explain the services
6758
rendered to the insured, or his or her guardian, so that the
6759
insured, or his or her guardian, countersigns the form with
6760
informed consent.
6761
3. Countersignature by the insured, or his or her guardian,
6762
is not required for the reading of diagnostic tests or other
6763
services that are of such a nature that they are not required to
6764
be performed in the presence of the insured.
6765
4. The licensed medical professional rendering treatment
6766
for which payment is being claimed must sign, by his or her own
6767
hand, the form complying with this paragraph.
6768
5. The original completed disclosure and acknowledgment
6769
form shall be furnished to the insurer pursuant to paragraph
6770
(4)(b) and may not be electronically furnished.
6771
6. This disclosure and acknowledgment form is not required
6772
for services billed by a provider for emergency services as
6773
defined in s. 395.002, for emergency services and care as defined
6774
in s. 395.002 rendered in a hospital emergency department, or for
6775
transport and treatment rendered by an ambulance provider
6776
licensed pursuant to part III of chapter 401.
6777
7. The Financial Services Commission shall adopt, by rule,
6778
a standard disclosure and acknowledgment form that shall be used
6779
to fulfill the requirements of this paragraph, effective 90 days
6780
after such form is adopted and becomes final. The commission
6781
shall adopt a proposed rule by October 1, 2003. Until the rule is
6782
final, the provider may use a form of its own which otherwise
6783
complies with the requirements of this paragraph.
6784
8. As used in this paragraph, "countersigned" means a
6785
second or verifying signature, as on a previously signed
6786
document, and is not satisfied by the statement "signature on
6787
file" or any similar statement.
6788
9. The requirements of this paragraph apply only with
6789
respect to the initial treatment or service of the insured by a
6790
provider. For subsequent treatments or service, the provider must
6791
maintain a patient log signed by the patient, in chronological
6792
order by date of service, that is consistent with the services
6793
being rendered to the patient as claimed. The requirements of
6794
this subparagraph for maintaining a patient log signed by the
6795
patient may be met by a hospital that maintains medical records
6796
as required by s. 395.3025 and applicable rules and makes such
6797
records available to the insurer upon request.
6798
Reviser's note.--Paragraph (5)(a) is amended to correct an
6799
erroneous reference. "Emergency services and care" is
6801
hospital." Paragraph (5)(e) is amended to correct
6802
construction and eliminate redundancy.
6803
Section 154. Paragraph (b) of subsection (1) of section
6804
628.461, Florida Statutes, is amended to read:
6805
628.461 Acquisition of controlling stock.--
6806
(1) A person may not, individually or in conjunction with
6807
any affiliated person of such person, acquire directly or
6808
indirectly, conclude a tender offer or exchange offer for, enter
6809
into any agreement to exchange securities for, or otherwise
6810
finally acquire 5 percent or more of the outstanding voting
6811
securities of a domestic stock insurer or of a controlling
6812
company, unless:
6813
(b) The person or affiliated person has filed with the
6814
office a statement as specified in subsection (3). The statement
6815
must be completed and filed within 30 days after:
6816
1. Any definitive acquisition agreement is entered;
6817
2. Any form of tender offer or exchange offer is proposed;
6818
or
6819
3. The acquisition of the securities, if no definitive
6820
acquisition agreement, tender offer, or exchange offer is
6821
involved; and
6822
6823
In lieu of a filing as required under this subsection, a party
6824
acquiring less than 10 percent of the outstanding voting
6825
securities of an insurer may file a disclaimer of affiliation and
6826
control. The disclaimer shall fully disclose all material
6827
relationships and basis for affiliation between the person and
6828
the insurer as well as the basis for disclaiming the affiliation
6829
and control. After a disclaimer has been filed, the insurer shall
6830
be relieved of any duty to register or report under this section
6831
which may arise out of the insurer's relationship with the person
6832
unless and until the office disallows the disclaimer. The office
6833
shall disallow a disclaimer only after furnishing all parties in
6834
interest with notice and opportunity to be heard and after making
6835
specific findings of fact to support the disallowance. A filing
6836
as required under this subsection must be made as to any
6837
acquisition that equals or exceeds 10 percent of the outstanding
6838
voting securities.
6839
Reviser's note.--Amended to confirm the editorial insertion
6840
of the words "[t]he person or affiliated person" to improve
6841
clarity.
6842
Section 155. Paragraph (b) of subsection (2) of section
6843
628.4615, Florida Statutes, is amended to read:
6844
628.4615 Specialty insurers; acquisition of controlling
6845
stock, ownership interest, assets, or control; merger or
6846
consolidation.--
6847
(2) A person may not, individually or in conjunction with
6848
any affiliated person of such person, directly or indirectly,
6849
conclude a tender offer or exchange offer for, enter into any
6850
agreement to exchange securities for, or otherwise finally
6851
acquire, 10 percent or more of the outstanding voting securities
6852
of a specialty insurer which is a stock corporation or of a
6853
controlling company of a specialty insurer which is a stock
6854
corporation; or conclude an acquisition of, or otherwise finally
6855
acquire, 10 percent or more of the ownership interest of a
6856
specialty insurer which is not a stock corporation or of a
6857
controlling company of a specialty insurer which is not a stock
6858
corporation, unless:
6859
(b) The person or affiliated person has filed with the
6860
office an application signed under oath and prepared on forms
6861
prescribed by the commission which contains the information
6862
specified in subsection (4). The application must be completed
6863
and filed within 30 days after any form of tender offer or
6864
exchange offer is proposed, or after the acquisition of the
6865
securities if no tender offer or exchange offer is involved; and
6866
Reviser's note.--Amended to confirm the editorial insertion
6867
of the words "[t]he person or affiliated person" to improve
6868
clarity.
6869
Section 156. Subsection (5) of section 633.01, Florida
6870
Statutes, is amended to read:
6871
633.01 State Fire Marshal; powers and duties; rules.--
6872
(5) It is the intent of the Legislature that there are to
6873
be no conflicting requirements between the Florida Fire
6874
Prevention Code and the Life Safety Code authorized by this
6875
chapter and the provisions of the Florida Building Code or
6876
conflicts in their enforcement and interpretation. Potential
6877
conflicts shall be resolved through coordination and cooperation
6878
of the State Fire Marshal and the Florida Building Commission as
6879
provided by this chapter and part IV VII of chapter 553.
6880
Reviser's note.--Amended to correct an erroneous reference.
6881
Part VII of chapter 553 relates to standards for radon-
6882
resistant buildings; part IV of chapter 553 relates to the
6883
Florida Building Code.
6884
Section 157. Subsection (4) of section 633.025, Florida
6885
Statutes, is amended to read:
6886
633.025 Minimum firesafety standards.--
6887
(4) Such codes shall be minimum codes and a municipality,
6888
county, or special district with firesafety responsibilities may
6889
adopt more stringent firesafety standards, subject to the
6890
requirements of this subsection. Such county, municipality, or
6891
special district may establish alternative requirements to those
6892
requirements which are required under the minimum firesafety
6893
standards on a case-by-case basis, in order to meet special
6894
situations arising from historic, geographic, or unusual
6895
conditions, if the alternative requirements result in a level of
6896
protection to life, safety, or property equal to or greater than
6897
the applicable minimum firesafety standards. For the purpose of
6898
this subsection, the term "historic" means that the building or
6899
structure is listed on the National Register of Historic Places
6900
of the United States Department of the Interior.
6901
(a) The local governing body shall determine, following a
6902
public hearing which has been advertised in a newspaper of
6903
general circulation at least 10 days before the hearing, if there
6904
is a need to strengthen the requirements of the minimum
6905
firesafety code adopted by such governing body. The determination
6906
must be based upon a review of local conditions by the local
6907
governing body, which review demonstrates that local conditions
6908
justify more stringent requirements than those specified in the
6909
minimum firesafety code for the protection of life and property
6910
or justify requirements that meet special situations arising from
6911
historic, geographic, or unusual conditions.
6912
(b) Such additional requirements shall not be
6913
discriminatory as to materials, products, or construction
6914
techniques of demonstrated capabilities.
6915
(c) Paragraphs (a) and (b) apply solely to the local
6916
enforcing agency's adoption of requirements more stringent than
6917
those specified in the Florida Fire Prevention Code and the Life
6918
Safety Code that have the effect of amending building
6919
construction standards. Upon request, the enforcing agency shall
6920
provide a person making application for a building permit, or any
6921
state agency or board with construction-related regulation
6922
responsibilities, a listing of all such requirements and codes.
6923
(d) A local government which adopts amendments to the
6924
minimum firesafety code must provide a procedure by which the
6925
validity of such amendments may be challenged by any
6926
substantially affected party to test the amendment's compliance
6927
with the provisions of this section.
6928
1. Unless the local government agrees to stay enforcement
6929
of the amendment, or other good cause is shown, the challenging
6930
party shall be entitled to a hearing on the challenge within 45
6931
days.
6932
2. For purposes of such challenge, the burden of proof
6933
shall be on the challenging party, but the amendment shall not be
6934
presumed to be valid or invalid.
6935
6936
This subsection gives local government the authority to establish
6937
firesafety codes that exceed the minimum firesafety codes and
6938
standards adopted by the State Fire Marshal. The Legislature
6939
intends that local government give proper public notice and hold
6940
public hearings before adopting more stringent firesafety codes
6941
and standards. A substantially affected person may appeal, to the
6942
department, the local government's resolution of the challenge,
6943
and the department shall determine if the amendment complies with
6944
this section. Actions of the department are subject to judicial
6945
review pursuant to s. 120.68. The department shall consider
6946
reports of the Florida Building Commission, pursuant to part IV
6947
VII of chapter 553, when evaluating building code enforcement.
6948
Reviser's note.--Amended to correct an erroneous reference.
6949
Part VII of chapter 553 relates to standards for radon-
6950
resistant buildings; part IV of chapter 553 relates to the
6951
Florida Building Code.
6952
Section 158. Paragraph (b) of subsection (3) of section
6953
660.417, Florida Statutes, is amended to read:
6954
660.417 Investment of fiduciary funds in investment
6955
instruments; permissible activity under certain circumstances;
6956
limitations.--
6957
(3) The fact that such bank or trust company or an
6958
affiliate of the bank or trust company owns or controls
6959
investment instruments shall not preclude the bank or trust
6960
company acting as a fiduciary from investing or reinvesting in
6961
such investment instruments, provided such investment
6962
instruments:
6963
(b) When sold to accounts for which the bank or trust
6964
company is acting as a trustee of a trust as defined in s.
6966
1. Are available for sale to accounts of other customers;
6967
and
6968
2. If sold to other customers, are not sold to the trust
6969
accounts upon terms that are less favorable to the buyer than the
6970
terms upon which they are normally sold to the other customers.
6971
Reviser's note.--Amended to conform to the redesignation of
6973
of Florida.
6974
Section 159. Paragraph (f) of subsection (5) of section
6975
736.0802, Florida Statutes, is amended to read:
6976
736.0802 Duty of loyalty.--
6977
(5)
6978
(f)1. The trustee of a trust described in s. 731.201(37)
6979
731.201(35) may request authority to invest in investment
6980
instruments described in this subsection other than a qualified
6981
investment instrument, by providing to all qualified
6982
beneficiaries a written request containing the following:
6983
a. The name, telephone number, street address, and mailing
6984
address of the trustee and of any individuals who may be
6985
contacted for further information.
6986
b. A statement that the investment or investments cannot be
6987
made without the consent of a majority of each class of the
6988
qualified beneficiaries.
6989
c. A statement that, if a majority of each class of
6990
qualified beneficiaries consent, the trustee will have the right
6991
to make investments in investment instruments, as defined in s.
6992
660.25(6), which are owned or controlled by the trustee or its
6993
affiliate, or from which the trustee or its affiliate receives
6994
compensation for providing services in a capacity other than as
6995
trustee, that such investment instruments may include investment
6996
instruments sold primarily to trust accounts, and that the
6997
trustee or its affiliate may receive fees in addition to the
6998
trustee's compensation for administering the trust.
6999
d. A statement that the consent may be withdrawn
7000
prospectively at any time by written notice given by a majority
7001
of any class of the qualified beneficiaries.
7002
7003
A statement by the trustee is not delivered if the statement is
7004
accompanied by another written communication other than a written
7005
communication by the trustee that refers only to the statement.
7006
2. For purposes of paragraph (e) and this paragraph:
7007
a. "Majority of the qualified beneficiaries" means:
7008
(I) If at the time the determination is made there are one
7009
or more beneficiaries as described in s. 736.0103(14)(c), at
7010
least a majority in interest of the beneficiaries described in s.
7011
736.0103(14)(a), at least a majority in interest of the
7012
beneficiaries described in s. 736.0103(14)(b), and at least a
7013
majority in interest of the beneficiaries described in s.
7014
736.0103(14)(c), if the interests of the beneficiaries are
7015
reasonably ascertainable; otherwise, a majority in number of each
7016
such class; or
7017
(II) If there is no beneficiary as described in s.
7018
736.0103(14)(c), at least a majority in interest of the
7019
beneficiaries described in s. 736.0103(14)(a) and at least a
7020
majority in interest of the beneficiaries described in s.
7021
736.0103(14)(b), if the interests of the beneficiaries are
7022
reasonably ascertainable; otherwise, a majority in number of each
7023
such class.
7024
b. "Qualified investment instrument" means a mutual fund,
7025
common trust fund, or money market fund described in and governed
7026
by s. 736.0816(3).
7027
c. An irrevocable trust is created upon execution of the
7028
trust instrument. If a trust that was revocable when created
7029
thereafter becomes irrevocable, the irrevocable trust is created
7030
when the right of revocation terminates.
7031
Reviser's note.--Amended to conform to the redesignation of
7033
of Florida.
7034
Section 160. Subsection (3) of section 741.3165, Florida
7035
Statutes, is amended to read:
7036
741.3165 Certain information exempt from disclosure.--
7037
(3) This section is subject to the Open Government Sunset
7038
Review Act of 1995 in accordance with s. 119.15, and shall stand
7039
repealed on October 2, 2010, unless reviewed and saved from
7040
repeal through reenactment by the Legislature.
7041
Reviser's note.--Amended to conform to the renaming of the
7042
"Open Government Sunset Review Act of 1995" as the "Open
7043
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7044
of Florida.
7045
Section 161. Subsection (4) of section 744.1076, Florida
7046
Statutes, is amended to read:
7047
744.1076 Court orders appointing court monitors and
7048
emergency court monitors; reports of court monitors; findings of
7049
no probable cause; public records exemptions.--
7050
(4) This section is subject to the Open Government Sunset
7051
Review Act of 1995 in accordance with s. 119.15 and shall stand
7052
repealed on October 2, 2011, unless reviewed and saved from
7053
repeal through reenactment by the Legislature.
7054
Reviser's note.--Amended to conform to the renaming of the
7055
"Open Government Sunset Review Act of 1995" as the "Open
7056
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7057
of Florida.
7058
Section 162. Section 812.1725, Florida Statutes, is amended
7059
to read:
7060
812.1725 Preemption.--A political subdivision of this state
7061
may not adopt, for convenience businesses, security standards
7063
all such differing standards, whether existing or proposed, are
7064
hereby preempted and superseded by general law, except any local
7065
ordinance in effect prior to September 1988 and determined by the
7066
Department of Legal Affairs to provide more stringent security
7068
not be preempted and superseded by general law for a period of 2
7069
years from December 31, 1992.
7070
Reviser's note.--Amended to delete an obsolete exemption
7071
relating to preemption.
7072
Section 163. Paragraph (c) of subsection (2) of section
7073
817.625, Florida Statutes, is amended to read:
7074
817.625 Use of scanning device or reencoder to defraud;
7075
penalties.--
7076
(2)
7077
(c) Any person who violates subparagraph (a)1. or
7078
subparagraph (a)2. shall also be subject to the provisions of ss.
7080
Reviser's note.--Amended to conform to the repeal of s.
7081
932.707 by s. 21, ch. 2006-176, Laws of Florida. The last
7082
section in the range is now s. 932.706.
7083
Section 164. Paragraph (a) of subsection (4) of section
7084
832.062, Florida Statutes, is amended to read:
7085
832.062 Prosecution for worthless checks, drafts, debit
7086
card orders, or electronic funds transfers made to pay any tax or
7087
associated amount administered by the Department of Revenue.--
7088
(4)(a) In any prosecution or action under this section, the
7089
making, drawing, uttering, or delivery of a check, draft, or
7090
order; the making, sending, instructing, ordering, or initiating
7091
of any electronic funds transfer; or causing the making, sending,
7092
instructing, ordering, or initiating of any electronic transfer
7093
payment, any of which are refused by the drawee because of lack
7094
of funds or credit, is prima facie evidence of intent to defraud
7095
or knowledge of insufficient funds in, or credit with, such bank,
7096
banking institution, trust company, or other depository, unless
7097
the maker, drawer, sender, instructor, orderer, or initiator, or
7098
someone for him or her, has paid the holder thereof the amount
7099
due thereon, together with a service charge, which may not exceed
7100
the service fees authorized under s. 832.08(5), or an amount of
7101
up to 5 percent of the face amount of the check or the amount of
7102
the electronic funds transfer, whichever is greater, within 15
7103
days after written notice has been sent to the address printed on
7104
the check, or given or on file at the time of issuance, that such
7105
check, draft, order, or electronic funds transfer has not been
7106
paid to the holder thereof, and has paid the bank fees incurred
7107
by the holder. In the event of legal action for recovery, the
7108
maker, drawer, sender, instructor, orderer, or initiator may be
7109
additionally liable for court costs and reasonable attorney's
7110
fees. Notice mailed by certified or registered mail that is
7111
evidenced by return receipt, or by first-class mail that is
7112
evidenced by an affidavit of service of mail, to the address
7113
printed on the check or given or on file at the time of issuance
7114
shall be deemed sufficient and equivalent to notice having been
7115
received by the maker, drawer, sender, instructor, orderer, or
7116
initiator, whether such notice is returned undelivered or not.
7117
The form of the notice shall be substantially as follows:
7118
7119
"You are hereby notified that a check or electronic funds
7120
transfer, numbered _____, in the face amount of $_____,
7121
issued or initiated by you on (date) , drawn upon
7122
(name of bank) , and payable to _____, has been
7123
dishonored. Pursuant to Florida law, you have 15 days
7124
following the date of this notice to tender payment of
7125
the full amount of such check or electronic funds
7126
transfer plus a service charge of $25, if the face value
7127
does not exceed $50; $30, if the face value exceeds $50
7128
but does not exceed $300; $40, if the face value exceeds
7129
$300; or an amount of up to 5 percent of the face amount
7130
of the check, whichever is greater, the total amount due
7131
being $_____ and _____ cents. Unless this amount is paid
7132
in full within the time specified above, the holder of
7133
such check or electronic funds transfer may turn over the
7134
dishonored check or electronic funds transfer and all
7135
other available information relating to this incident to
7136
the state attorney for criminal prosecution. You may be
7137
additionally liable in a civil action for triple the
7138
amount of the check or electronic funds transfer, but in
7139
no case less than $50, together with the amount of the
7140
check or electronic funds transfer, a service charge,
7141
court costs, reasonable attorney's fees, and incurred
7142
bank fees, as provided in s. 68.065, Florida Statutes."
7143
7144
Subsequent persons receiving a check, draft, order, or electronic
7145
funds transfer from the original payee or a successor endorsee
7146
have the same rights that the original payee has against the
7147
maker of the instrument if the subsequent persons give notice in
7148
a substantially similar form to that provided above. Subsequent
7149
persons providing such notice are immune from civil liability for
7150
the giving of such notice and for proceeding under the forms of
7151
such notice so long as the maker of the instrument has the same
7152
defenses against these subsequent persons as against the original
7153
payee. However, the remedies available under this section may be
7154
exercised only by one party in interest.
7155
Reviser's note.--Amended to confirm the editorial insertion
7156
of the word "or" to improve clarity.
7157
Section 165. Paragraph (c) of subsection (3) of section
7158
921.0022, Florida Statutes, is amended to read:
7159
921.0022 Criminal Punishment Code; offense severity ranking
7160
chart.--
7161
(3) OFFENSE SEVERITY RANKING CHART
7162
(c) LEVEL 3
7163
| FloridaStatute | FelonyDegree | Description |
7164
| 119.10(2)(b) | 3rd | Unlawful use of confidential information from police reports. |
7165
| 316.066(6)(b)-(d) | 3rd | Unlawfully obtaining or using confidential crash reports. |
7166
| 316.193(2)(b) | 3rd | Felony DUI, 3rd conviction. |
7167
| 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. |
7168
| 319.30(4) | 3rd | Possession by junkyard of motor vehicle with identification number plate removed. |
7169
| 319.33(1)(a) | 3rd | Alter or forge any certificate of title to a motor vehicle or mobile home. |
7170
| 319.33(1)(c) | 3rd | Procure or pass title on stolen vehicle. |
7171
| 319.33(4) | 3rd | With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. |
7172
| 327.35(2)(b) | 3rd | Felony BUI. |
7173
| 328.05(2) | 3rd | Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. |
7174
| 328.07(4) | 3rd | Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. |
7175
| 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. |
7176
| 370.12(1)(e)6. | 3rd | Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. |
7177
| 376.302(5) | 3rd | Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. |
7178
| 400.9935(4) 400.903(3) | 3rd | Operating a clinic without a license or filing false license application or other required information. |
7179
| 440.1051(3) | 3rd | False report of workers' compensation fraud or retaliation for making such a report. |
7180
| 501.001(2)(b) | 2nd | Tampers with a consumer product or the container using materially false/misleading information. |
7181
| 624.401(4)(a) | 3rd | Transacting insurance without a certificate of authority. |
7182
| 624.401(4)(b)1. | 3rd | Transacting insurance without a certificate of authority; premium collected less than $20,000. |
7183
| 626.902(1)(a) & (b) | 3rd | Representing an unauthorized insurer. |
7184
| 697.08 | 3rd | Equity skimming. |
7185
| 790.15(3) | 3rd | Person directs another to discharge firearm from a vehicle. |
7186
| 796.05(1) | 3rd | Live on earnings of a prostitute. |
7187
| 806.10(1) | 3rd | Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. |
7188
| 806.10(2) | 3rd | Interferes with or assaults firefighter in performance of duty. |
7189
| 810.09(2)(c) | 3rd | Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. |
7190
| 812.014(2)(c)2. | 3rd | Grand theft; $5,000 or more but less than $10,000. |
7191
| 812.0145(2)(c) | 3rd | Theft from person 65 years of age or older; $300 or more but less than $10,000. |
7192
| 815.04(4)(b) | 2nd | Computer offense devised to defraud or obtain property. |
7193
| 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. |
7194
| 817.233 | 3rd | Burning to defraud insurer. |
7195
| 817.234(8)(b)-(c) | 3rd | Unlawful solicitation of persons involved in motor vehicle accidents. |
7196
| 817.234(11)(a) | 3rd | Insurance fraud; property value less than $20,000. |
7197
| 817.236 | 3rd | Filing a false motor vehicle insurance application. |
7198
| 817.2361 | 3rd | Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. |
7199
| 817.413(2) | 3rd | Sale of used goods as new. |
7200
| 817.505(4) | 3rd | Patient brokering. |
7201
| 828.12(2) | 3rd | Tortures any animal with intent to inflict intense pain, serious physical injury, or death. |
7202
| 831.28(2)(a) | 3rd | Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. |
7203
| 831.29 | 2nd | Possession of instruments for counterfeiting drivers' licenses or identification cards. |
7204
| 838.021(3)(b) | 3rd | Threatens unlawful harm to public servant. |
7205
| 843.19 | 3rd | Injure, disable, or kill police dog or horse. |
7206
| 860.15(3) | 3rd | Overcharging for repairs and parts. |
7207
| 870.01(2) | 3rd | Riot; inciting or encouraging. |
7208
| 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). |
7209
| 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. |
7210
| 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. |
7211
| 893.13(6)(a) | 3rd | Possession of any controlled substance other than felony possession of cannabis. |
7212
| 893.13(7)(a)8. | 3rd | Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. |
7213
| 893.13(7)(a)9. | 3rd | Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. |
7214
| 893.13(7)(a)10. | 3rd | Affix false or forged label to package of controlled substance. |
7215
| 893.13(7)(a)11. | 3rd | Furnish false or fraudulent material information on any document or record required by chapter 893. |
7216
| 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. |
7217
| 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. |
7218
| 893.13(8)(a)3. | 3rd | Knowingly write a prescription for a controlled substance for a fictitious person. |
7219
| 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. |
7220
| 918.13(1)(a) | 3rd | Alter, destroy, or conceal investigation evidence. |
7221
| 944.47(1)(a)1.-2. | 3rd | Introduce contraband to correctional facility. |
7222
| 944.47(1)(c) | 2nd | Possess contraband while upon the grounds of a correctional institution. |
7223
| 985.721 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
7224
7225
Reviser's note.--Amended to correct an apparent error.
7226
Section 400.9935(4) addresses both unlicensed activity and
7227
falsified applications.
7228
Section 166. Subsection (1) of section 932.701, Florida
7229
Statutes, is amended to read:
7230
932.701 Short title; definitions.--
7232
and may be cited as the "Florida Contraband Forfeiture Act."
7233
Reviser's note.--Amended to conform to the repeal of s.
7234
932.707 by s. 21, ch. 2006-176, Laws of Florida. The last
7235
section in the range is now s. 932.706.
7236
Section 167. Subsection (1) of section 940.05, Florida
7237
Statutes, is amended to read:
7238
940.05 Restoration of civil rights.--Any person who has
7239
been convicted of a felony may be entitled to the restoration of
7240
all the rights of citizenship enjoyed by him or her prior to
7241
conviction if the person has:
7242
(1) Received a full pardon from the Board of Executive
7243
Clemency board of pardons;
7244
Reviser's note.--Amended to improve clarity and conform to
7245
the proper name of the board.
7246
Section 168. Subsection (3) of section 943.0314, Florida
7247
Statutes, is amended to read:
7248
943.0314 Public records and public meetings exemptions;
7249
Domestic Security Oversight Council.--
7250
(3) This section is subject to the Open Government Sunset
7251
Review Act of 1995 in accordance with s. 119.15 and shall stand
7252
repealed on October 2, 2010, unless reviewed and saved from
7253
repeal through reenactment by the Legislature.
7254
Reviser's note.--Amended to conform to the renaming of the
7255
"Open Government Sunset Review Act of 1995" as the "Open
7256
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7257
of Florida.
7258
Section 169. Subsection (2) of section 943.32, Florida
7259
Statutes, is amended to read:
7260
943.32 Statewide criminal analysis laboratory
7261
system.--There is established a statewide criminal analysis
7262
laboratory system to be composed of:
7263
(2) The existing locally funded laboratories in Broward,
7264
Dade, Indian River, Miami-Dade, Monroe, Palm Beach, and Pinellas
7265
Counties, specifically designated in s. 943.35 to be eligible for
7266
state matching funds; and
7267
Reviser's note.--Amended to conform to the redesignation of
7268
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7269
Dade County Code.
7270
Section 170. Paragraph (b) of subsection (1) of section
7271
943.35, Florida Statutes, is amended to read:
7272
943.35 Funding for existing laboratories.--
7273
(1) The following existing criminal analysis laboratories
7274
are eligible for receipt of state funding:
7275
(b) The Miami-Dade Metro-Dade Police Department Crime
7276
Laboratory;
7277
Reviser's note.--Amended to conform to the current name of
7278
the crime laboratory and the redesignation of Dade County as
7279
Miami-Dade County by s. 1-4.2 of the Miami-Dade County Code.
7280
Section 171. Section 947.06, Florida Statutes, as amended
7281
by section 16 of chapter 90-211, Laws of Florida, is amended to
7282
read:
7283
947.06 Meeting; when commission may act.--The commission
7284
shall meet at regularly scheduled intervals and from time to time
7285
as may otherwise be determined by the chair. The making of
7286
recommendations to the Governor and Cabinet in matters relating
7287
to modifications of acts and decisions of the chair as provided
7288
in s. 947.04(1) shall be by a majority vote of the commission. No
7289
prisoner shall be placed on parole except as provided in ss.
7291
appointed by the chair. All matters relating to the granting,
7292
denying, or revoking of parole shall be decided in a meeting at
7293
which the public shall have the right to be present. Victims of
7294
the crime committed by the inmate shall be permitted to make an
7295
oral statement or submit a written statement regarding their
7296
views as to the granting, denying, or revoking of parole. Persons
7297
not members or employees of the commission or victims of the
7298
crime committed by the inmate may be permitted to participate in
7299
deliberations concerning the granting and revoking of paroles
7300
only upon the prior written approval of the chair of the
7301
commission. To facilitate the ability of victims and other
7302
persons to attend commission meetings, the commission shall meet
7303
in various counties including, but not limited to, Broward, Dade,
7304
Duval, Escambia, Hillsborough, Leon, Miami-Dade, Orange, and Palm
7305
Beach, with the location chosen being as close as possible to the
7306
location where the parole-eligible inmate committed the offense
7307
for which the parole-eligible inmate was sentenced. The
7308
commission shall adopt rules governing the oral participation of
7309
victims and the submission of written statements by victims.
7310
Reviser's note.--Amended to conform to the redesignation of
7311
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7312
Dade County Code.
7313
Section 172. Section 947.06, Florida Statutes, as amended
7314
by section 22 of chapter 90-337, Laws of Florida, is amended to
7315
read:
7316
947.06 Meeting; when commission may act.--The commission
7317
shall meet at regularly scheduled intervals and from time to time
7318
as may otherwise be determined by the chair. The making of
7319
recommendations to the Governor and Cabinet in matters relating
7320
to modifications of acts and decisions of the chair as provided
7321
in s. 947.04(1) shall be by a majority vote of the commission. No
7322
prisoner shall be placed on parole except as provided in ss.
7324
appointed by the chair. All matters relating to the granting,
7325
denying, or revoking of parole shall be decided in a meeting at
7326
which the public shall have the right to be present. Victims of
7327
the crime committed by the inmate shall be permitted to make an
7328
oral statement or submit a written statement regarding their
7329
views as to the granting, denying, or revoking of parole. Persons
7330
not members or employees of the commission or victims of the
7331
crime committed by the inmate may be permitted to participate in
7332
deliberations concerning the granting and revoking of paroles
7333
only upon the prior written approval of the chair of the
7334
commission. To facilitate the ability of victims and other
7335
persons to attend commission meetings, the commission shall meet
7336
in counties including, but not limited to, Broward, Dade, Duval,
7337
Escambia, Hillsborough, Leon, Miami-Dade, Orange, and Palm Beach,
7338
with the location chosen being as close as possible to the
7339
location where the parolee or releasee committed the offense for
7340
which the parolee or releasee was sentenced. The commission shall
7341
adopt rules governing the oral participation of victims and the
7342
submission of written statements by victims.
7343
Reviser's note.--Amended to conform to the redesignation of
7344
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7345
Dade County Code.
7346
Section 173. Subsection (7) of section 1001.11, Florida
7347
Statutes, is amended to read:
7348
1001.11 Commissioner of Education; other duties.--
7349
(7) The commissioner shall make prominently available on
7350
the department's website the following: links to the Internet-
7351
based clearinghouse for professional development regarding
7352
physical education which is established under s. 1012.98(4)(d);
7353
the school wellness and physical education policies and other
7354
resources required under s. 1003.453(1) and (2); and other
7355
Internet sites that provide professional development for
7356
elementary teachers of physical education as defined in s.
7357
1003.01(16). These links must provide elementary teachers with
7358
information concerning current physical education and nutrition
7359
philosophy and best practices that result in student
7360
participation in physical activities that promote lifelong
7361
physical and mental well-being.
7362
Reviser's note.--Amended to delete an erroneous reference.
7363
Section 1012.98(4)(d) does not exist.
7364
Section 174. Subsections (5) and (6) of section 1001.215,
7365
Florida Statutes, are amended to read:
7366
1001.215 Just Read, Florida! Office.--There is created in
7367
the Department of Education the Just Read, Florida! Office. The
7368
office shall be fully accountable to the Commissioner of
7369
Education and shall:
7370
(5) Provide technical assistance to school districts in the
7371
development and implementation of district plans for use of the
7372
research-based reading instruction allocation provided in s.
7374
(6) Review, evaluate, and provide technical assistance to
7375
school districts' implementation of the K-12 comprehensive
7377
Reviser's note.--Amended to correct an erroneous reference
7378
and conform to context. The comprehensive reading plan is
7379
required by s. 1011.62(9).
7380
Section 175. Section 1001.395, Florida Statutes, is amended
7381
to read:
7382
1001.395 District school board members; compensation.--Each
7383
member of the district school board shall receive a base salary,
7384
the amounts indicated in this section, based on the population of
7385
the county the district school board member serves. In addition,
7386
compensation shall be made for population increments over the
7387
minimum for each population group, which shall be determined by
7388
multiplying the population in excess of the minimum for the group
7389
times the group rate. The product of such calculation shall be
7390
added to the base salary to determine the adjusted base salary.
7391
The adjusted base salaries of district school board members shall
7392
be increased annually as provided for in s. 145.19.
7393
| Pop. Group | County Pop. Range | Base Salary | Group Rate |
7394
| Minimum | Maximum | |||
| I | -0- | 9,999 | $5,000 | $0.08330 |
7395
| II | 10,000 | 49,999 49,000 | 5,833 | 0.020830 |
7396
| III | 50,000 | 99,999 | 6,666 | 0.016680 |
7397
| IV | 100,000 | 199,999 | 7,500 | 0.008330 |
7398
| V | 200,000 | 399,999 | 8,333 | 0.004165 |
7399
| VI | 400,000 | 999,999 | 9,166 | 0.001390 |
7400
| VII | 1,000,000 | 10,000 | 0.000000 |
7401
7402
District school board member salaries negotiated on or after
7403
November of 2006 shall remain in effect up to the date of the
7404
2007-2008 calculation provided pursuant to s. 145.19.
7405
Reviser's note.--Amended to correct an apparent error.
7406
Section 176. Paragraph (a) of subsection (2) of section
7407
1002.35, Florida Statutes, is amended to read:
7408
1002.35 New World School of the Arts.--
7409
(2)(a) For purposes of governance, the New World School of
7410
the Arts is assigned to Miami Dade Miami-Dade College, the Miami-
7411
Dade County Public Schools Dade County School District, and one
7412
or more universities designated by the State Board of Education.
7413
The State Board of Education, in conjunction with the Board of
7414
Governors, shall assign to the New World School of the Arts a
7415
university partner or partners. In this selection, the State
7416
Board of Education and the Board of Governors shall consider the
7417
accreditation status of the core programs. Florida International
7418
University, in its capacity as the provider of university
7419
services to Miami-Dade Dade County, shall be a partner to serve
7420
the New World School of the Arts, upon meeting the accreditation
7421
criteria. The respective boards shall appoint members to an
7422
executive board for administration of the school. The executive
7423
board may include community members and shall reflect
7424
proportionately the participating institutions. Miami Dade Miami-
7425
Dade College shall serve as fiscal agent for the school.
7426
Reviser's note.--Amended to reflect the current names of
7427
Miami Dade College and the Miami-Dade County Public Schools
7428
and to conform to the redesignation of Dade County as Miami-
7429
Dade County by s. 1-4.2 of the Miami-Dade County Code.
7430
Section 177. Paragraph (c) of subsection (10) of section
7431
1002.39, Florida Statutes, is amended to read:
7432
1002.39 The John M. McKay Scholarships for Students with
7433
Disabilities Program.--There is established a program that is
7434
separate and distinct from the Opportunity Scholarship Program
7435
and is named the John M. McKay Scholarships for Students with
7436
Disabilities Program.
7437
(10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
7438
(c)1. The school district shall report all students who are
7439
attending a private school under this program. The students with
7440
disabilities attending private schools on John M. McKay
7441
Scholarships shall be reported separately from other students
7442
reported for purposes of the Florida Education Finance Program.
7443
2. For program participants who are eligible under
7444
subparagraph (2)(a)2., the school district that is used as the
7445
basis for the calculation of the scholarship amount as provided
7446
in subparagraph (a)3. shall:
7447
a. Report to the department all such students who are
7448
attending a private school under this program.
7449
b. Be held harmless for such students from the weighted
7450
enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
7451
1011.62(1)(d)3.a. during the first school year in which the
7452
students are reported.
7453
Reviser's note.--Amended to correct an erroneous reference
7454
and conform to context. The weighted enrollment ceiling for
7455
group 2 programs is in s. 1011.62(1)(d)3.b.
7456
Section 178. Subsection (4) of section 1002.72, Florida
7457
Statutes, is amended to read:
7458
1002.72 Records of children in the Voluntary
7459
Prekindergarten Education Program.--
7460
(4) This section is subject to the Open Government Sunset
7461
Review Act of 1995 in accordance with s. 119.15 and shall stand
7462
repealed October 2, 2010, unless reviewed and saved from repeal
7463
through reenactment by the Legislature.
7464
Reviser's note.--Amended to conform to the renaming of the
7465
"Open Government Sunset Review Act of 1995" as the "Open
7466
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7467
of Florida.
7468
Section 179. Paragraph (b) of subsection (1) of section
7469
1003.4156, Florida Statutes, is amended to read:
7470
1003.4156 General requirements for middle grades
7471
promotion.--
7472
(1) Beginning with students entering grade 6 in the 2006-
7473
2007 school year, promotion from a school composed of middle
7474
grades 6, 7, and 8 requires that:
7475
(b) For each year in which a student scores at Level l on
7476
FCAT Reading, the student must be enrolled in and complete an
7477
intensive reading course the following year. Placement of Level 2
7478
readers in either an intensive reading course or a content area
7479
course in which reading strategies are delivered shall be
7480
determined by diagnosis of reading needs. The department shall
7481
provide guidance on appropriate strategies for diagnosing and
7482
meeting the varying instructional needs of students reading below
7483
grade level. Reading courses shall be designed and offered
7484
pursuant to the comprehensive reading plan required by s.
7486
Reviser's note.--Amended to correct an erroneous reference
7487
and conform to context. The comprehensive reading plan is
7488
required by s. 1011.62(9).
7489
Section 180. Paragraph (b) of subsection (2) of section
7490
1003.428, Florida Statutes, is amended to read:
7491
1003.428 General requirements for high school graduation;
7492
revised.--
7493
(2) The 24 credits may be earned through applied,
7494
integrated, and combined courses approved by the Department of
7495
Education and shall be distributed as follows:
7496
(b) Eight credits in majors, minors, or electives:
7497
1. Four credits in a major area of interest, such as
7498
sequential courses in a career and technical program, fine and
7499
performing arts, or academic content area, selected by the
7500
student as part of the education plan required by s. 1003.4156.
7501
Students may revise major areas of interest each year as part of
7502
annual course registration processes and should update their
7503
education plan to reflect such revisions. Annually by October 1,
7504
the district school board shall approve major areas of interest
7505
and submit the list of majors to the Commissioner of Education
7506
for approval. Each major area of interest shall be deemed
7507
approved unless specifically rejected by the commissioner within
7508
60 days. Upon approval, each district's major areas of interest
7509
shall be available for use by all school districts and shall be
7510
posted on the department's website.
7511
2. Four credits in elective courses selected by the student
7512
as part of the education plan required by s. 1003.4156. These
7513
credits may be combined to allow for a second major area of
7514
interest pursuant to subparagraph 1., a minor area of interest,
7515
elective courses, or intensive reading or mathematics
7516
intervention courses as described in this subparagraph.
7517
a. Minor areas of interest are composed of three credits
7518
selected by the student as part of the education plan required by
7519
s. 1003.4156 and approved by the district school board.
7520
b. Elective courses are selected by the student in order to
7521
pursue a complete education program as described in s. 1001.41(3)
7522
and to meet eligibility requirements for scholarships.
7523
c. For each year in which a student scores at Level l on
7524
FCAT Reading, the student must be enrolled in and complete an
7525
intensive reading course the following year. Placement of Level 2
7526
readers in either an intensive reading course or a content area
7527
course in which reading strategies are delivered shall be
7528
determined by diagnosis of reading needs. The department shall
7529
provide guidance on appropriate strategies for diagnosing and
7530
meeting the varying instructional needs of students reading below
7531
grade level. Reading courses shall be designed and offered
7532
pursuant to the comprehensive reading plan required by s.
7534
d. For each year in which a student scores at Level 1 or
7535
Level 2 on FCAT Mathematics, the student must receive remediation
7536
the following year. These courses may be taught through applied,
7537
integrated, or combined courses and are subject to approval by
7538
the department for inclusion in the Course Code Directory.
7539
Reviser's note.--Amended to correct an erroneous reference
7540
and conform to context. The comprehensive reading plan is
7541
required by s. 1011.62(9).
7542
Section 181. Paragraph (c) of subsection (8) of section
7543
1004.43, Florida Statutes, is amended to read:
7544
1004.43 H. Lee Moffitt Cancer Center and Research
7545
Institute.--There is established the H. Lee Moffitt Cancer Center
7546
and Research Institute at the University of South Florida.
7547
(8)
7548
(c) Subparagraphs 10. and 12. of paragraph (b) are subject
7549
to the Open Government Sunset Review Act of 1995 in accordance
7550
with s. 119.15 and shall stand repealed on October 2, 2010,
7551
unless reviewed and saved from repeal through reenactment by the
7552
Legislature.
7553
Reviser's note.--Amended to conform to the renaming of the
7554
"Open Government Sunset Review Act of 1995" as the "Open
7555
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7556
of Florida.
7557
Section 182. Subsection (4) of section 1004.4472, Florida
7558
Statutes, is amended to read:
7559
1004.4472 Florida Institute for Human and Machine
7560
Cognition, Inc.; public records exemption; public meetings
7561
exemption.--
7562
(4) This section is subject to the Open Government Sunset
7563
Review Act of 1995 in accordance with s. 119.15 and shall stand
7564
repealed on October 2, 2009, unless reviewed and saved from
7565
repeal through reenactment by the Legislature.
7566
Reviser's note.--Amended to conform to the renaming of the
7567
"Open Government Sunset Review Act of 1995" as the "Open
7568
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7569
of Florida.
7570
Section 183. Paragraph (e) of subsection (1) of section
7571
1004.55, Florida Statutes, is amended to read:
7572
1004.55 Regional autism centers.--
7573
(1) Seven regional autism centers are established to
7574
provide nonresidential resource and training services for persons
7575
of all ages and of all levels of intellectual functioning who
7576
have autism, as defined in s. 393.063; who have a pervasive
7577
developmental disorder that is not otherwise specified; who have
7578
an autistic-like disability; who have a dual sensory impairment;
7579
or who have a sensory impairment with other handicapping
7580
conditions. Each center shall be operationally and fiscally
7581
independent and shall provide services within its geographical
7582
region of the state. Service delivery shall be consistent for all
7583
centers. Each center shall coordinate services within and between
7584
state and local agencies and school districts but may not
7585
duplicate services provided by those agencies or school
7586
districts. The respective locations and service areas of the
7587
centers are:
7588
(e) The Mailman Center for Child Development and the
7589
Department of Psychology at the University of Miami, which serves
7590
Broward, Miami-Dade Dade, and Monroe Counties.
7591
Reviser's note.--Amended to conform to the redesignation of
7592
Dade County as Miami-Dade County by s. 1-4.2 of the Miami-
7593
Dade County Code.
7594
Section 184. Subsection (2) of section 1004.76, Florida
7595
Statutes, is amended to read:
7596
1004.76 Florida Martin Luther King, Jr., Institute for
7597
Nonviolence.--
7598
(2) There is hereby created the Florida Martin Luther King,
7599
Jr., Institute for Nonviolence to be established at Miami Dade
7600
Miami-Dade Community College. The institute shall have an
7601
advisory board consisting of 13 members as follows: the Attorney
7602
General, the Commissioner of Education, and 11 members to be
7603
appointed by the Governor, such members to represent the
7604
population of the state based on its ethnic, gender, and
7605
socioeconomic diversity. Of the members appointed by the
7606
Governor, one shall be a member of the Senate appointed by the
7607
Governor on the recommendation of the President of the Senate;
7608
one shall be a member of the Senate appointed by the Governor on
7609
the recommendation of the minority leader; one shall be a member
7610
of the House of Representatives appointed by the Governor on the
7611
recommendation of the Speaker of the House of Representatives;
7612
one shall be a member of the House of Representatives appointed
7613
by the Governor on the recommendation of the minority leader; and
7614
seven shall be members appointed by the Governor, no more than
7615
three of whom shall be members of the same political party. The
7616
following groups shall be represented by the seven members: the
7617
Florida Sheriffs Association; the Florida Association of
7618
Counties; the Florida League of Cities; state universities human
7619
services agencies; community relations or human relations
7620
councils; and youth. A chairperson shall be elected by the
7621
members and shall serve for a term of 3 years. Members of the
7622
board shall serve the following terms of office which shall be
7623
staggered:
7624
(a) A member of the Legislature appointed to the board
7625
shall serve for a single term not to exceed 5 years and shall
7626
serve as a member only while he or she is a member of the
7627
Legislature.
7628
(b) Of the seven members who are not members of the
7629
Legislature, three shall serve for terms of 4 years, two shall
7630
serve for terms of 3 years, and one shall serve for a term of 1
7631
year. Thereafter, each member, except for a member appointed to
7632
fill an unexpired term, shall serve for a 5-year term. No member
7633
shall serve on the board for more than 10 years.
7634
7635
In the event of a vacancy occurring in the office of a member of
7636
the board by death, resignation, or otherwise, the Governor shall
7637
appoint a successor to serve for the balance of the unexpired
7638
term.
7639
Reviser's note.--Amended to conform to the redesignation of
7640
Miami-Dade Community College as Miami Dade College due to
7641
new baccalaureate degrees offered.
7642
Section 185. Paragraph (b) of subsection (6) of section
7643
1005.38, Florida Statutes, is amended to read:
7644
1005.38 Actions against a licensee and other penalties.--
7645
(6) The commission may conduct disciplinary proceedings
7646
through an investigation of any suspected violation of this
7647
chapter or any rule of the commission, including a finding of
7648
probable cause and making reports to any law enforcement agency
7649
or regulatory agency.
7650
(b)1. All investigatory records held by the commission in
7651
conjunction with an investigation conducted pursuant to this
7652
subsection, including minutes and findings of an exempt probable
7653
cause panel meeting convened in conjunction with such
7654
investigation, are exempt from s. 119.07(1) and s. 24(a), Art. I
7655
of the State Constitution for a period not to exceed 10 days
7656
after the panel makes a determination regarding probable cause.
7657
2. Those portions of meetings of the probable cause panel
7658
at which records made exempt pursuant to subparagraph 1. are
7659
discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
7660
State Constitution.
7661
3. This paragraph is subject to the Open Government Sunset
7662
Review Act of 1995 in accordance with s. 119.15 and shall stand
7663
repealed on October 2, 2010, unless reviewed and saved from
7664
repeal through reenactment by the Legislature.
7665
Reviser's note.--Amended to conform to the renaming of the
7666
"Open Government Sunset Review Act of 1995" as the "Open
7667
Government Sunset Review Act" by s. 37, ch. 2005-251, Laws
7668
of Florida.
7669
Section 186. Paragraph (b) of subsection (4) of section
7670
1008.25, Florida Statutes, is amended to read:
7671
1008.25 Public school student progression; remedial
7672
instruction; reporting requirements.--
7673
(4) ASSESSMENT AND REMEDIATION.--
7674
(b) The school in which the student is enrolled must
7675
develop, in consultation with the student's parent, and must
7676
implement a progress monitoring plan. A progress monitoring plan
7677
is intended to provide the school district and the school
7678
flexibility in meeting the academic needs of the student and to
7679
reduce paperwork. A student who is not meeting the school
7680
district or state requirements for proficiency in reading and
7681
math shall be covered by one of the following plans to target
7682
instruction and identify ways to improve his or her academic
7683
achievement:
7684
1. A federally required student plan such as an individual
7685
education plan;
7686
2. A schoolwide system of progress monitoring for all
7687
students; or
7688
3. An individualized progress monitoring plan.
7689
7690
The plan chosen must be designed to assist the student or the
7691
school in meeting state and district expectations for
7692
proficiency. If the student has been identified as having a
7693
deficiency in reading, the K-12 comprehensive reading plan
7695
and support services to be provided to meet the desired levels of
7696
performance. District school boards may require low-performing
7697
students to attend remediation programs held before or after
7698
regular school hours or during the summer if transportation is
7699
provided.
7700
Reviser's note.--Amended to correct an erroneous reference
7701
and conform to context. The comprehensive reading plan is
7702
required by s. 1011.62(9).
7703
Section 187. Subsection (5) of section 1008.345, Florida
7704
Statutes, is amended to read:
7705
1008.345 Implementation of state system of school
7706
improvement and education accountability.--
7707
(5) The commissioner shall report to the Legislature and
7708
recommend changes in state policy necessary to foster school
7709
improvement and education accountability. Included in the report
7710
shall be a list of the schools, including schools operating for
7711
the purpose of providing educational services to youth in
7712
Department of Juvenile Justice programs, for which district
7713
school boards have developed assistance and intervention plans
7714
and an analysis of the various strategies used by the school
7715
boards. School reports shall be distributed pursuant to this
7717
rules adopted by the State Board of Education.
7718
Reviser's note.--Amended to correct an erroneous reference
7719
and conform to context. The cite should be to s.
7721
(16).
7722
Section 188. Subsection (3) of section 1009.01, Florida
7723
Statutes, is amended to read:
7724
1009.01 Definitions.--The term:
7725
(3) "Tuition differential" means the supplemental fee
7726
charged to a student for instruction provided by a public
7728
Reviser's note.--Amended to correct an erroneous reference
7729
and conform to context. Tuition differential is covered in
7730
s. 1009.24(16).
7731
Section 189. Paragraph (f) of subsection (13) of section
7732
1009.24, Florida Statutes, as amended by section 5 of chapter
7733
2007-329, Laws of Florida, is amended to read:
7734
1009.24 State university student fees.--
7735
(13) Each university board of trustees is authorized to
7736
establish the following fees:
7737
(f) A fee for miscellaneous health-related charges for
7738
services provided at cost by the university health center which
7739
are not covered by the health fee set under subsection (11) (10).
7740
Reviser's note.--Amended to conform to the addition of a new
7741
subsection (3) by s. 133, ch. 2007-217, Laws of Florida, and
7742
the redesignation of subsequent subsections by that
7743
provision.
7744
Section 190. Paragraph (b) of subsection (2) of section
7745
1009.98, Florida Statutes, is amended to read:
7746
1009.98 Stanley G. Tate Florida Prepaid College Program.--
7747
(2) PREPAID COLLEGE PLANS.--At a minimum, the board shall
7748
make advance payment contracts available for two independent
7749
plans to be known as the community college plan and the
7750
university plan. The board may also make advance payment
7751
contracts available for a dormitory residence plan. The board may
7752
restrict the number of participants in the community college
7753
plan, university plan, and dormitory residence plan,
7754
respectively. However, any person denied participation solely on
7755
the basis of such restriction shall be granted priority for
7756
participation during the succeeding year.
7757
(b)1. Through the university plan, the advance payment
7758
contract shall provide prepaid registration fees for a specified
7759
number of undergraduate semester credit hours not to exceed the
7760
average number of hours required for the conference of a
7761
baccalaureate degree. Qualified beneficiaries shall bear the cost
7762
of any laboratory fees associated with enrollment in specific
7763
courses. Each qualified beneficiary shall be classified as a
7764
resident for tuition purposes pursuant to s. 1009.21, regardless
7765
of his or her actual legal residence.
7766
2. Effective July 1, 1998, the board may provide advance
7767
payment contracts for additional fees delineated in s.
7769
undergraduate semester credit hours not to exceed the average
7770
number of hours required for the conference of a baccalaureate
7771
degree, in conjunction with advance payment contracts for
7772
registration fees. Such contracts shall provide prepaid coverage
7773
for the sum of such fees, to a maximum of 45 percent of the cost
7774
of registration fees. University plan contracts purchased prior
7775
to July 1, 1998, shall be limited to the payment of registration
7776
fees as defined in s. 1009.97.
7777
3. Effective July 1, 2007, the board may provide advance
7778
payment contracts for the tuition differential authorized in s.
7780
semester credit hours, which may not exceed the average number of
7781
hours required for the conference of a baccalaureate degree, in
7782
conjunction with advance payment contracts for registration fees.
7783
Reviser's note.--Amended to conform to the redesignation of
7784
subunits within s. 1009.24 by s. 133, ch. 2007-217, Laws of
7785
Florida. Paragraph (2)(b) was also amended to correct an
7786
erroneous reference and conform to context. Tuition
7787
differential is covered in s. 1009.24(16).
7788
Section 191. Subsection (5) of section 1011.48, Florida
7789
Statutes, is amended to read:
7790
1011.48 Establishment of educational research centers for
7791
child development.--
7792
(5) Each educational research center for child development
7793
shall be funded by a portion of the Capital Improvement Trust
7794
Fund fee established by the Board of Governors pursuant to s.
7796
shall receive a portion of such fees collected from the students
7797
enrolled at that university, usable only at that university,
7798
equal to 22.5 cents per student per credit hour taken per term,
7799
based on the summer term and fall and spring semesters. This
7800
allocation shall be used by the university only for the
7801
establishment and operation of a center as provided by this
7802
section and rules adopted hereunder. Said allocation may be made
7803
only after all bond obligations required to be paid from such
7804
fees have been met.
7805
Reviser's note.--Amended to conform to the redesignation of
7806
subunits within s. 1009.24 by s. 133, ch. 2007-217, Laws of
7807
Florida.
7808
Section 192. Paragraph (c) of subsection (2) of section
7809
1012.61, Florida Statutes, is amended to read:
7810
1012.61 Sick leave.--
7811
(2) PROVISIONS GOVERNING SICK LEAVE.--The following
7812
provisions shall govern sick leave:
7813
(c) Compensation.--Any employee having unused sick leave
7814
credit shall receive full-time compensation for the time
7815
justifiably absent on sick leave, but no compensation may be
7816
allowed beyond that which may be provided in subparagraph (2)(a)4
7817
subsection (4).
7818
Reviser's note.--Amended to correct an erroneous reference
7819
and conform to context. The cited subsection does not exist.
7820
Subparagraph (2)(a)4. relates to compensation for terminal
7821
pay for accumulated sick leave.
7822
Section 193. Section 1012.875, Florida Statutes, is amended
7823
to read:
7824
1012.875 State Community College System Optional Retirement
7825
Program.--Each community college may implement an optional
7826
retirement program, if such program is established therefor
7827
pursuant to s. 1001.64(20), under which annuity or other
7828
contracts providing retirement and death benefits may be
7829
purchased by, and on behalf of, eligible employees who
7830
participate in the program, in accordance with s. 403(b) of the
7831
Internal Revenue Code. Except as otherwise provided herein, this
7832
retirement program, which shall be known as the State Community
7833
College System Optional Retirement Program, may be implemented
7834
and administered only by an individual community college or by a
7835
consortium of community colleges.
7836
(1) As used in this section, the term:
7837
(a) "Activation" means the date upon which an optional
7838
retirement program is first made available by the program
7839
administrator to eligible employees.
7840
(b) "College" means community colleges as defined in s.
7841
7842
(c) "Department" means the Department of Management
7843
Services.
7844
(d) "Program administrator" means the individual college or
7845
consortium of colleges responsible for implementing and
7846
administering an optional retirement program.
7847
(e) "Program participant" means an eligible employee who
7848
has elected to participate in an available optional retirement
7849
program as authorized by this section.
7850
(2) Participation in the optional retirement program
7851
provided by this section is limited to employees who satisfy the
7852
criteria set forth in s. 121.051(2)(c).
7853
(3)(a) With respect to any employee who is eligible to
7854
participate in the optional retirement program by reason of
7855
qualifying employment commencing before the program's activation:
7856
1. The employee may elect to participate in the optional
7857
retirement program in lieu of participation in the Florida
7858
Retirement System. To become a program participant, the employee
7859
must file with the personnel officer of the college, within 90
7860
days after the program's activation, a written election on a form
7861
provided by the Florida Retirement System and a completed
7862
application for an individual contract or certificate.
7863
2. An employee's participation in the optional retirement
7864
program commences on the first day of the next full calendar
7865
month following the filing of the election and completed
7866
application with the program administrator and receipt of such
7867
election by the department. An employee's membership in the
7868
Florida Retirement System terminates on this same date.
7869
3. Any such employee who fails to make an election to
7870
participate in the optional retirement program within 60 days
7871
after its activation has elected to retain membership in the
7872
Florida Retirement System.
7873
(b) With respect to any employee who becomes eligible to
7874
participate in an optional retirement program by reason of
7875
qualifying employment commencing on or after the program's
7876
activation:
7877
1. The employee may elect to participate in the optional
7878
retirement program in lieu of participation in the Florida
7879
Retirement System. To become a program participant, the employee
7880
must file with the personnel officer of the college, within 90
7881
days after commencing qualifying employment as provided in s.
7882
121.051(2)(c)4., a written election on a form provided by the
7883
Florida Retirement System and a completed application for an
7884
individual contract or certificate.
7885
2. An employee's participation in the optional retirement
7886
program commences retroactive to the first day of qualifying
7887
employment following the filing of the election and completed
7888
application with the program administrator and receipt of such
7889
election by the department. An employee's membership in the
7890
Florida Retirement System terminates on this same date.
7891
3. Any such employee who fails to make an election to
7892
participate in the optional retirement program within 90 days
7893
after commencing qualifying employment has elected to retain
7894
membership in the Florida Retirement System.
7895
(c) Any employee who, on or after an optional retirement
7896
program's activation, becomes eligible to participate in the
7897
program by reason of a change in status due to the subsequent
7898
designation of the employee's position as one of those referenced
7899
in subsection (2), or due to the employee's appointment,
7900
promotion, transfer, or reclassification to a position referenced
7901
in subsection (2), must be notified by the college of the
7902
employee's eligibility to participate in the optional retirement
7903
program in lieu of participation in the Florida Retirement
7904
System. These eligible employees are subject to the provisions of
7905
paragraph (b) and may elect to participate in the optional
7906
retirement program in the same manner as those employees
7907
described in paragraph (b), except that the 90-day election
7908
period commences upon the date notice of eligibility is received
7909
by the employee and participation in the program begins the first
7910
day of the first full calendar month that the change in status
7911
becomes effective.
7912
(d) Program participants must be fully and immediately
7913
vested in the optional retirement program upon issuance of an
7914
optional retirement program contract.
7915
(e) The election by an eligible employee to participate in
7916
the optional retirement program is irrevocable for so long as the
7917
employee continues to meet the eligibility requirements set forth
7918
in this section and in s. 121.051(2)(c), except as provided in
7919
paragraph (i) or as provided in s. 121.051(2)(c)3.
7920
(f) If a program participant becomes ineligible to continue
7921
participating in the optional retirement program pursuant to the
7922
criteria referenced in subsection (2), the employee becomes a
7923
member of the Florida Retirement System if eligible. The college
7924
must notify the department of an employee's change in eligibility
7925
status within 30 days after the event that makes the employee
7926
ineligible to continue participation in the optional retirement
7927
program.
7928
(g) An eligible employee who is a member of the Florida
7929
Retirement System at the time of election to participate in the
7930
optional retirement program retains all retirement service credit
7931
earned under the Florida Retirement System at the rate earned.
7932
Additional service credit in the Florida Retirement System may
7933
not be earned while the employee participates in the optional
7934
retirement program, nor is the employee eligible for disability
7935
retirement under the Florida Retirement System. An eligible
7936
employee may transfer from the Florida Retirement System to his
7937
or her accounts under the State Community College System Optional
7938
Retirement Program a sum representing the present value of his or
7939
her service credit accrued under the defined benefit program of
7940
the Florida Retirement System for the period between his or her
7941
first eligible transfer date from the defined benefit plan to the
7942
optional retirement program and the actual date of such transfer
7943
as provided in s. 121.051(2)(c)7. Upon such transfer, all such
7944
service credit previously earned under the defined benefit
7945
program of the Florida Retirement System during this period shall
7946
be nullified for purposes of entitlement to a future benefit
7947
under the defined benefit program of the Florida Retirement
7948
System.
7949
(h) A program participant may not simultaneously
7950
participate in any other state-administered retirement system,
7951
plan, or class.
7952
(i) Except as provided in s. 121.052(6)(d), a program
7953
participant who is or who becomes dually employed in two or more
7954
positions covered by the Florida Retirement System, one of which
7955
is eligible for an optional retirement program pursuant to this
7956
section and one of which is not, is subject to the dual
7957
employment provisions of chapter 121.
7958
(4)(a) Each college must contribute on behalf of each
7959
program participant an amount equal to 10.43 percent of the
7960
participant's gross monthly compensation. The college shall
7961
deduct an amount approved by the district board of trustees of
7962
the college to provide for the administration of the optional
7963
retirement program. Payment of this contribution must be made
7964
either directly by the college or through the program
7965
administrator to the designated company contracting for payment
7966
of benefits to the program participant.
7967
(b) Each college must contribute on behalf of each program
7968
participant an amount equal to the unfunded actuarial accrued
7969
liability portion of the employer contribution which would be
7970
required if the program participant were a member of the Regular
7971
Class of the Florida Retirement System. Payment of this
7972
contribution must be made directly by the college to the
7973
department for deposit in the Florida Retirement System Trust
7974
Fund.
7975
(c) Each program participant who has been issued an
7976
optional retirement program contract may contribute by way of
7977
salary reduction or deduction a percentage of the program
7978
participant's gross compensation, but this percentage may not
7979
exceed the corresponding percentage contributed by the community
7980
college to the optional retirement program. Payment of this
7981
contribution may be made either directly by the college or
7982
through the program administrator to the designated company
7983
contracting for payment of benefits to the program participant.
7984
(d) Contributions to an optional retirement program by a
7985
college or a program participant are in addition to, and have no
7986
effect upon, contributions required now or in future by the
7987
federal Social Security Act.
7988
(e) The college may accept for deposit into participant
7989
account or accounts contributions in the form of rollovers or
7990
direct trustee-to-trustee transfers by or on behalf of
7991
participants who are reasonably determined by the college to be
7992
eligible for rollover or transfer to the optional retirement
7993
program pursuant to the Internal Revenue Code, if such
7994
contributions are made in accordance with the applicable
7995
requirements of the college. Accounting for such contributions
7996
shall be in accordance with any applicable requirements of the
7997
Internal Revenue Code and the college.
7998
(5)(a) The benefits to be provided to program participants
7999
must be provided through contracts, including individual
8000
contracts or individual certificates issued for group annuity or
8001
other contracts, which may be fixed, variable, or both, in
8002
accordance with s. 403(b) of the Internal Revenue Code. Each
8003
individual contract or certificate must state the type of
8004
contract on its face page, and must include at least a statement
8005
of ownership, the contract benefits, distribution options,
8006
limitations, expense charges, and surrender charges, if any.
8007
(b) Benefits are payable under the optional retirement
8008
program to program participants or their beneficiaries, and the
8009
benefits must be paid only by the designated company in
8010
accordance with the terms of the contracts applicable to the
8011
program participant. Benefits shall accrue in individual accounts
8012
that are participant-directed, portable, and funded by employer
8013
contributions and the earnings thereon. Benefits funded by
8014
employer contributions are payable in accordance with the
8015
following terms and conditions:
8016
1. Benefits shall be payable only to a participant, to his
8017
or her beneficiaries, or to his or her estate, as designated by
8018
the participant.
8019
2. Benefits shall be paid by the provider company or
8020
companies in accordance with the law, the provisions of the
8021
contract, and any applicable employer rule or policy.
8022
3. In the event of a participant's death, moneys
8023
accumulated by, or on behalf of, the participant, less
8024
withholding taxes remitted to the Internal Revenue Service, if
8025
any, shall be distributed to the participant's designated
8026
beneficiary or beneficiaries, or to the participant's estate, as
8027
if the participant retired on the date of death as provided in
8028
paragraph (d). No other death benefits shall be available for
8029
survivors of participants under the optional retirement program
8030
except for such benefits, or coverage for such benefits, as are
8031
separately afforded by the employer at the employer's discretion.
8032
(c) Upon receipt by the provider company of a properly
8033
executed application for distribution of benefits, the total
8034
accumulated benefits shall be payable to the participant as:
8035
1. A lump-sum distribution to the participant;
8036
2. A lump-sum direct rollover distribution whereby all
8037
accrued benefits, plus interest and investment earnings, are paid
8038
from the participant's account directly to an eligible retirement
8039
plan as defined in s. 402(c)(8)(B) of the Internal Revenue Code,
8040
on behalf of the participant;
8041
3. Periodic distributions;
8042
4. A partial lump-sum payment whereby a portion of the
8043
accrued benefit is paid to the participant and the remaining
8044
amount is transferred to an eligible retirement plan, as defined
8045
in s. 402(c)(8)(B) of the Internal Revenue Code, on behalf of the
8046
participant; or
8047
5. Such other distribution options as are provided for in
8048
the participant's optional retirement program contract.
8049
(d) Survivor benefits shall be payable as:
8050
1. A lump-sum distribution payable to the beneficiaries or
8051
to the deceased participant's estate;
8052
2. An eligible rollover distribution on behalf of the
8053
surviving spouse or beneficiary of a deceased participant whereby
8054
all accrued benefits, plus interest and investment earnings, are
8055
paid from the deceased participant's account directly to an
8056
eligible retirement plan, as described in s. 402(c)(8)(B) of the
8057
Internal Revenue Code, on behalf of the surviving spouse;
8058
3. Such other distribution options as are provided for in
8059
the participant's optional retirement program contract; or
8060
4. A partial lump-sum payment whereby a portion of the
8061
accrued benefits are paid to the deceased participant's surviving
8062
spouse or other designated beneficiaries, less withholding taxes
8063
remitted to the Internal Revenue Service, if any, and the
8064
remaining amount is transferred directly to an eligible
8065
retirement plan, as described in s. 402(c)(8)(B) of the Internal
8066
Revenue Code, on behalf of the surviving spouse. The proportions
8067
must be specified by the participant or the surviving
8068
beneficiary.
8069
8070
Nothing in this paragraph abrogates other applicable provisions
8071
of state or federal law providing payment of death benefits.
8072
(e) The benefits payable to any person under the optional
8073
retirement program, and any contribution accumulated under the
8074
program, are not subject to assignment, execution, attachment, or
8075
to any legal process whatsoever.
8076
(6)(a) The optional retirement program authorized by this
8077
section must be implemented and administered by the program
8078
administrator under s. 403(b) of the Internal Revenue Code. The
8079
program administrator has the express authority to contract with
8080
a third party to fulfill any of the program administrator's
8081
duties.
8082
(b) The program administrator shall solicit competitive
8083
bids or issue a request for proposal and select no more than four
8084
companies from which optional retirement program contracts may be
8085
purchased under the optional retirement program. In making these
8086
selections, the program administrator shall consider the
8087
following factors:
8088
1. The financial soundness of the company.
8089
2. The extent of the company's experience in providing
8090
annuity or other contracts to fund retirement programs.
8091
3. The nature and extent of the rights and benefits
8092
provided to program participants in relation to the premiums
8093
paid.
8094
4. The suitability of the rights and benefits provided to
8095
the needs of eligible employees and the interests of the college
8096
in the recruitment and retention of employees.
8097
8098
In lieu of soliciting competitive bids or issuing a request for
8099
proposals, the program administrator may authorize the purchase
8100
of annuity contracts under the optional retirement program from
8101
those companies currently selected by the department to offer
8102
such contracts through the State University System Optional
8103
Retirement Program, as set forth in s. 121.35.
8104
(c) Optional retirement program annuity contracts must be
8105
approved in form and content by the program administrator in
8106
order to qualify. The program administrator may use the same
8107
annuity contracts currently used within the State University
8108
System Optional Retirement Program, as set forth in s. 121.35.
8109
(d) The provision of each annuity contract applicable to a
8110
program participant must be contained in a written program
8111
description that includes a report of pertinent financial and
8112
actuarial information on the solvency and actuarial soundness of
8113
the program and the benefits applicable to the program
8114
participant. The company must furnish the description annually to
8115
the program administrator, and to each program participant upon
8116
commencement of participation in the program and annually
8117
thereafter.
8118
(e) The program administrator must ensure that each program
8119
participant is provided annually with an accounting of the total
8120
contributions and the annual contributions made by and on the
8121
behalf of the program participant.
8122
Reviser's note.--Amended to conform to the complete title of
8123
the State Community College System Optional Retirement
8124
Program as referenced in the section.
8125
Section 194. Subsection (1) of section 1013.73, Florida
8126
Statutes, is amended to read:
8127
1013.73 Effort index grants for school district
8128
facilities.--
8129
(1) The Legislature hereby allocates for effort index
8130
grants the sum of $300 million from the funds appropriated from
8131
the Educational Enhancement Trust Fund by s. 46, chapter 97-384,
8132
Laws of Florida, contingent upon the sale of school capital
8133
outlay bonds. From these funds, the Commissioner of Education
8134
shall allocate to the four school districts deemed eligible for
8135
an effort index grant by the SMART Schools Clearinghouse the sums
8136
of $7,442,890 to the Clay County School District, $62,755,920 to
8137
the Miami-Dade County Public Schools Dade County School District,
8138
$1,628,590 to the Hendry County School District, and $414,950 to
8139
the Madison County School District. The remaining funds shall be
8140
allocated among the remaining district school boards that qualify
8141
for an effort index grant by meeting the local capital outlay
8142
effort criteria in paragraph (a) or paragraph (b).
8143
(a) Between July 1, 1995, and June 30, 1999, the school
8144
district received direct proceeds from the one-half-cent sales
8145
surtax for public school capital outlay authorized by s.
8146
212.055(6) or from the local government infrastructure sales
8147
surtax authorized by s. 212.055(2).
8148
(b) The school district met two of the following criteria:
8149
1. Levied the full 2 mills of nonvoted discretionary
8150
capital outlay authorized by s. 1011.71(2) during 1995-1996,
8151
1996-1997, 1997-1998, and 1998-1999.
8152
2. Levied a cumulative voted millage for capital outlay and
8153
debt service equal to 2.5 mills for fiscal years 1995 through
8154
1999.
8155
3. Received proceeds of school impact fees greater than
8156
$500 per dwelling unit which were in effect on July 1, 1998.
8157
4. Received direct proceeds from either the one-half-cent
8158
sales surtax for public school capital outlay authorized by s.
8159
212.055(6) or from the local government infrastructure sales
8160
surtax authorized by s. 212.055(2).
8161
Reviser's note.--Amended to conform to the current name of
8162
the school district and the redesignation of Dade County as
8163
Miami-Dade County by s. 1-4.2 of the Miami-Dade County Code.
8164
Section 195. This act shall take effect on the 60th day
8165
after adjournment sine die of the session of the Legislature in
8166
which enacted.
CODING: Words stricken are deletions; words underlined are additions.