Florida Senate - 2009 SB 1284
By Senator Villalobos
38-01270A-09 20091284__
1 A reviser’s bill to be entitled
2 An act relating to the Florida Statutes; amending ss.
3 39.01, 39.806, 45.035, 61.122, 112.661, 121.051,
4 121.153, 161.085, 163.3177, 193.074, 193.1554,
5 193.1555, 201.15, 211.31, 215.50, 215.555, 215.5595,
6 218.409, 253.03, 259.032, 259.105, 259.1053, 282.201,
7 288.1089, 288.8175, 316.2128, 316.650, 319.001,
8 320.08058, 323.001, 336.41, 336.44, 364.051, 373.118,
9 373.4145, 374.977, 378.021, 378.403, 379.2495,
10 379.353, 379.407, 380.061, 380.510, 381.0063, 403.087,
11 403.0871, 403.511, 403.5115, 403.531, 403.7264,
12 403.813, 403.862, 403.890, 403.9416, 409.2598,
13 468.432, 489.145, 499.003, 499.012, 499.0121, 499.015,
14 500.12, 553.885, 553.975, 560.111, 560.124, 560.141,
15 560.142, 560.143, 560.209, 560.404, 560.406, 570.07,
16 597.004, 597.010, 624.4213, 626.8541, 626.8796,
17 626.8797, 627.0621, 627.0628, 627.736, 718.111,
18 718.112, 718.113, 718.501, 718.503, 828.25, 937.021,
19 1000.36, 1001.395, 1002.36, 1006.035, 1006.59,
20 1008.22, 1008.34, 1008.341, 1008.345, 1009.73,
21 1012.56, 1012.795, and 1013.12, F.S.; amending and
22 reenacting s. 409.2563, F.S.; and reenacting ss.
23 61.13001 and 627.351(2), F.S., pursuant to s. 11.242,
24 F.S.; deleting provisions that have expired, have
25 become obsolete, have had their effect, have served
26 their purpose, or have been impliedly repealed or
27 superseded; replacing incorrect cross-references and
28 citations; correcting grammatical, typographical, and
29 like errors; removing inconsistencies, redundancies,
30 and unnecessary repetition in the statutes; improving
31 the clarity of the statutes and facilitating their
32 correct interpretation; and confirming the restoration
33 of provisions unintentionally omitted from
34 republication in the acts of the Legislature during
35 the amendatory process; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Subsection (10) of section 39.01, Florida
40 Statutes, is amended to read:
41 39.01 Definitions.—When used in this chapter, unless the
42 context otherwise requires:
43 (10) “Caregiver” means the parent, legal custodian,
44 permanent guardian, adult household member, or other person
45 responsible for a child's welfare as defined in subsection (47)
46 (46).
47 Reviser’s note.—Amended to conform to the
48 redesignation of subsection (46) as subsection (47) by
49 s. 1, ch. 2008-245, Laws of Florida.
50 Section 2. Paragraph (k) of subsection (1) of section
51 39.806, Florida Statutes, is amended to read:
52 39.806 Grounds for termination of parental rights.—
53 (1) Grounds for the termination of parental rights may be
54 established under any of the following circumstances:
55 (k) A test administered at birth that indicated that the
56 child's blood, urine, or meconium contained any amount of
57 alcohol or a controlled substance or metabolites of such
58 substances, the presence of which was not the result of medical
59 treatment administered to the mother or the newborn infant, and
60 the biological mother of the child is the biological mother of
61 at least one other child who was adjudicated dependent after a
62 finding of harm to the child's health or welfare due to exposure
63 to a controlled substance or alcohol as defined in s.
64 39.01(32)(g) 39.01(31)(g), after which the biological mother had
65 the opportunity to participate in substance abuse treatment.
66 Reviser's note.—Amended to conform to the
67 redesignation of s. 39.01(31)(g) as s. 39.01(32)(g) by
68 s. 1, ch. 2008-245, Laws of Florida.
69 Section 3. Subsection (3) of section 45.035, Florida
70 Statutes, is amended to read:
71 45.035 Clerk's fees.—In addition to other fees or service
72 charges authorized by law, the clerk shall receive service
73 charges related to the judicial sales procedure set forth in ss.
74 45.031-45.034 and this section:
75 (3) If the sale is conducted by electronic means, as
76 provided in s. 45.031(10), the clerk shall receive a service
77 charge of $70 $60 as provided in subsection (1) for services in
78 conducting or contracting for the electronic sale, which service
79 charge shall be assessed as costs and shall be advanced by the
80 plaintiff before the sale. If the clerk requires advance
81 electronic deposits to secure the right to bid, such deposits
82 shall not be subject to the fee under s. 28.24(10). The portion
83 of an advance deposit from a winning bidder required by s.
84 45.031(3) shall, upon acceptance of the winning bid, be subject
85 to the fee under s. 28.24(10).
86 Reviser's note.—Amended to conform to the increase in
87 the service charge referenced in subsection (1) from
88 $60 to $70 by s. 25, ch. 2008-111, Laws of Florida.
89 Section 4. Subsection (3) of section 61.122, Florida
90 Statutes, is amended to read:
91 61.122 Parenting plan recommendation; presumption of
92 psychologist's good faith; prerequisite to parent's filing suit;
93 award of fees, costs, reimbursement.—
94 (3) A parent who desires to file a legal action against a
95 court-appointed psychologist who has acted in good faith in
96 developing a parenting plan recommendation must petition the
97 judge who presided over the dissolution of marriage, case of
98 domestic violence, or paternity matter involving the
99 relationship of a child and a parent, including time-sharing of
100 children, to appoint another psychologist. Upon the parent's
101 showing of good cause, the court shall appoint another
102 psychologist. The court shall determine as to who is responsible
103 for all court costs and attorney's fees associated with making
104 such an appointment.
105 Reviser's note.—Amended to improve clarity.
106 Section 5. Section 61.13001, Florida Statutes, is reenacted
107 to read:
108 61.13001 Parental relocation with a child.—
109 (1) DEFINITIONS.—As used in this section, the term:
110 (a) “Change of residence address” means the relocation of a
111 child to a principal residence more than 50 miles away from his
112 or her principal place of residence at the time of the entry of
113 the last order establishing or modifying the parenting plan or
114 the time-sharing schedule or both for the minor child, unless
115 the move places the principal residence of the minor child less
116 than 50 miles from either parent.
117 (b) “Child” means any person who is under the jurisdiction
118 of a state court pursuant to the Uniform Child Custody
119 Jurisdiction and Enforcement Act or is the subject of any order
120 granting to a parent or other person any right to time-sharing,
121 residential care, kinship, or custody, as provided under state
122 law.
123 (c) “Court” means the circuit court in an original
124 proceeding which has proper venue and jurisdiction in accordance
125 with the Uniform Child Custody Jurisdiction and Enforcement Act,
126 the circuit court in the county in which either parent and the
127 child reside, or the circuit court in which the original action
128 was adjudicated.
129 (d) “Other person” means an individual who is not the
130 parent and who, by court order, maintains the primary residence
131 of a child or has visitation rights with a child.
132 (e) “Parent” means any person so named by court order or
133 express written agreement that is subject to court enforcement
134 or a person reflected as a parent on a birth certificate and in
135 whose home a child maintains a residence.
136 (f) “Relocation” means a change in the principal residence
137 of a child for a period of 60 consecutive days or more but does
138 not include a temporary absence from the principal residence for
139 purposes of vacation, education, or the provision of health care
140 for the child.
141 (2) RELOCATION BY AGREEMENT.—
142 (a) If the parents and every other person entitled to time
143 sharing with the child agree to the relocation of the child,
144 they may satisfy the requirements of this section by signing a
145 written agreement that:
146 1. Reflects the consent to the relocation;
147 2. Defines a time-sharing schedule for the nonrelocating
148 parent and any other persons who are entitled to time-sharing;
149 and
150 3. Describes, if necessary, any transportation arrangements
151 related to the visitation.
152 (b) If there is an existing cause of action, judgment, or
153 decree of record pertaining to the child's residence or a time
154 sharing schedule, the parties shall seek ratification of the
155 agreement by court order without the necessity of an evidentiary
156 hearing unless a hearing is requested, in writing, by one or
157 more of the parties to the agreement within 10 days after the
158 date the agreement is filed with the court. If a hearing is not
159 timely requested, it shall be presumed that the relocation is in
160 the best interest of the child and the court may ratify the
161 agreement without an evidentiary hearing.
162 (3) NOTICE OF INTENT TO RELOCATE WITH A CHILD.—Unless an
163 agreement has been entered as described in subsection (2), a
164 parent who is entitled to time-sharing with the child shall
165 notify the other parent, and every other person entitled to
166 time-sharing with the child, of a proposed relocation of the
167 child's residence. The form of notice shall be according to this
168 section:
169 (a) The parent seeking to relocate shall prepare a Notice
170 of Intent to Relocate. The following information must be
171 included with the Notice of Intent to Relocate and signed under
172 oath under penalty of perjury:
173 1. A description of the location of the intended new
174 residence, including the state, city, and specific physical
175 address, if known.
176 2. The mailing address of the intended new residence, if
177 not the same as the physical address, if known.
178 3. The home telephone number of the intended new residence,
179 if known.
180 4. The date of the intended move or proposed relocation.
181 5. A detailed statement of the specific reasons for the
182 proposed relocation of the child. If one of the reasons is based
183 upon a job offer which has been reduced to writing, that written
184 job offer must be attached to the Notice of Intent to Relocate.
185 6. A proposal for the revised postrelocation schedule of
186 time-sharing together with a proposal for the postrelocation
187 transportation arrangements necessary to effectuate time-sharing
188 with the child. Absent the existence of a current, valid order
189 abating, terminating, or restricting visitation or other good
190 cause predating the Notice of Intent to Relocate, failure to
191 comply with this provision renders the Notice of Intent to
192 Relocate legally insufficient.
193 7. Substantially the following statement, in all capital
194 letters and in the same size type, or larger, as the type in the
195 remainder of the notice:
196 AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
197 FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
198 SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
199 OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
200 RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
201 THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
202 WITHOUT A HEARING.
203 8. The mailing address of the parent or other person
204 seeking to relocate to which the objection filed under
205 subsection (5) to the Notice of Intent to Relocate should be
206 sent.
207 The contents of the Notice of Intent to Relocate are not
208 privileged. For purposes of encouraging amicable resolution of
209 the relocation issue, a copy of the Notice of Intent to Relocate
210 shall initially not be filed with the court but instead served
211 upon the nonrelocating parent, other person, and every other
212 person entitled to time-sharing with the child, and the original
213 thereof shall be maintained by the parent or other person
214 seeking to relocate.
215 (b) The parent seeking to relocate shall also prepare a
216 Certificate of Serving Notice of Intent to Relocate. The
217 certificate shall certify the date that the Notice of Intent to
218 Relocate was served on the other parent and on every other
219 person entitled to time-sharing with the child.
220 (c) The Notice of Intent to Relocate, and the Certificate
221 of Serving Notice of Intent to Relocate, shall be served on the
222 other parent and on every other person entitled to time-sharing
223 with the child. If there is a pending court action regarding the
224 child, service of process may be according to court rule.
225 Otherwise, service of process shall be according to chapters 48
226 and 49 or via certified mail, restricted delivery, return
227 receipt requested.
228 (d) A person giving notice of a proposed relocation or
229 change of residence address under this section has a continuing
230 duty to provide current and updated information required by this
231 section when that information becomes known.
232 (e) If the other parent and any other person entitled to
233 time-sharing with the child fails to timely file an objection,
234 it shall be presumed that the relocation is in the best interest
235 of the child, the relocation shall be allowed, and the court
236 shall, absent good cause, enter an order, attaching a copy of
237 the Notice of Intent to Relocate, reflecting that the order is
238 entered as a result of the failure to object to the Notice of
239 Intent to Relocate, and adopting the time-sharing schedule and
240 transportation arrangements contained in the Notice of Intent to
241 Relocate. The order may issue in an expedited manner without the
242 necessity of an evidentiary hearing. If an objection is timely
243 filed, the burden returns to the parent or person seeking to
244 relocate to initiate court proceedings to obtain court
245 permission to relocate before doing so.
246 (f) The act of relocating the child after failure to comply
247 with the notice of intent to relocate procedure described in
248 this subsection subjects the party in violation thereof to
249 contempt and other proceedings to compel the return of the child
250 and may be taken into account by the court in any initial or
251 postjudgment action seeking a determination or modification of
252 the parenting plan or the time-sharing schedule, or both, as:
253 1. A factor in making a determination regarding the
254 relocation of a child.
255 2. A factor in determining whether the parenting plan or
256 the time-sharing schedule should be modified.
257 3. A basis for ordering the temporary or permanent return
258 of the child.
259 4. Sufficient cause to order the parent or other person
260 seeking to relocate the child to pay reasonable expenses and
261 attorney's fees incurred by the party objecting to the
262 relocation.
263 5. Sufficient cause for the award of reasonable attorney's
264 fees and costs, including interim travel expenses incident to
265 time-sharing or securing the return of the child.
266 (4) APPLICABILITY OF PUBLIC RECORDS LAW.—If the parent or
267 other person seeking to relocate a child, or the child, is
268 entitled to prevent disclosure of location information under any
269 public records exemption applicable to that person, the court
270 may enter any order necessary to modify the disclosure
271 requirements of this section in compliance with the public
272 records exemption.
273 (5) CONTENT OF OBJECTION TO RELOCATION.—An objection
274 seeking to prevent the relocation of a child must be verified
275 and served within 30 days after service of the Notice of Intent
276 to Relocate. The objection must include the specific factual
277 basis supporting the reasons for seeking a prohibition of the
278 relocation, including a statement of the amount of participation
279 or involvement the objecting party currently has or has had in
280 the life of the child.
281 (6) TEMPORARY ORDER.—
282 (a) The court may grant a temporary order restraining the
283 relocation of a child or ordering the return of the child, if a
284 relocation has previously taken place, or other appropriate
285 remedial relief, if the court finds:
286 1. The required notice of a proposed relocation of a child
287 was not provided in a timely manner;
288 2. The child already has been relocated without notice or
289 written agreement of the parties or without court approval; or
290 3. From an examination of the evidence presented at the
291 preliminary hearing that there is a likelihood that upon final
292 hearing the court will not approve the relocation of the child.
293 (b) The court may grant a temporary order permitting the
294 relocation of the child pending final hearing, if the court:
295 1. Finds that the required Notice of Intent to Relocate was
296 provided in a timely manner; and
297 2. Finds from an examination of the evidence presented at
298 the preliminary hearing that there is a likelihood that on final
299 hearing the court will approve the relocation of the child,
300 which findings must be supported by the same factual basis as
301 would be necessary to support the permitting of relocation in a
302 final judgment.
303 (c) If the court has issued a temporary order authorizing a
304 party seeking to relocate or move a child before a final
305 judgment is rendered, the court may not give any weight to the
306 temporary relocation as a factor in reaching its final decision.
307 (d) If temporary relocation of a child is permitted, the
308 court may require the person relocating the child to provide
309 reasonable security, financial or otherwise, and guarantee that
310 the court-ordered contact with the child will not be interrupted
311 or interfered with by the relocating party.
312 (7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
313 RELOCATION.—A presumption does not arise in favor of or against
314 a request to relocate with the child when a parent seeks to move
315 the child and the move will materially affect the current
316 schedule of contact, access, and time-sharing with the
317 nonrelocating parent or other person. In reaching its decision
318 regarding a proposed temporary or permanent relocation, the
319 court shall evaluate all of the following factors:
320 (a) The nature, quality, extent of involvement, and
321 duration of the child's relationship with the parent proposing
322 to relocate with the child and with the nonrelocating parent,
323 other persons, siblings, half-siblings, and other significant
324 persons in the child's life.
325 (b) The age and developmental stage of the child, the needs
326 of the child, and the likely impact the relocation will have on
327 the child's physical, educational, and emotional development,
328 taking into consideration any special needs of the child.
329 (c) The feasibility of preserving the relationship between
330 the nonrelocating parent or other person and the child through
331 substitute arrangements that take into consideration the
332 logistics of contact, access, and time-sharing, as well as the
333 financial circumstances of the parties; whether those factors
334 are sufficient to foster a continuing meaningful relationship
335 between the child and the nonrelocating parent or other person;
336 and the likelihood of compliance with the substitute
337 arrangements by the relocating parent once he or she is out of
338 the jurisdiction of the court.
339 (d) The child's preference, taking into consideration the
340 age and maturity of the child.
341 (e) Whether the relocation will enhance the general quality
342 of life for both the parent seeking the relocation and the
343 child, including, but not limited to, financial or emotional
344 benefits or educational opportunities.
345 (f) The reasons of each parent or other person for seeking
346 or opposing the relocation.
347 (g) The current employment and economic circumstances of
348 each parent or other person and whether or not the proposed
349 relocation is necessary to improve the economic circumstances of
350 the parent or other person seeking relocation of the child.
351 (h) That the relocation is sought in good faith and the
352 extent to which the objecting parent has fulfilled his or her
353 financial obligations to the parent or other person seeking
354 relocation, including child support, spousal support, and
355 marital property and marital debt obligations.
356 (i) The career and other opportunities available to the
357 objecting parent or objecting other person if the relocation
358 occurs.
359 (j) A history of substance abuse or domestic violence as
360 defined in s. 741.28 or which meets the criteria of s.
361 39.806(1)(d) by either parent, including a consideration of the
362 severity of such conduct and the failure or success of any
363 attempts at rehabilitation.
364 (k) Any other factor affecting the best interest of the
365 child or as set forth in s. 61.13.
366 (8) BURDEN OF PROOF.—The parent or other person wishing to
367 relocate has the burden of proof if an objection is filed and
368 must then initiate a proceeding seeking court permission for
369 relocation. The initial burden is on the parent or person
370 wishing to relocate to prove by a preponderance of the evidence
371 that relocation is in the best interest of the child. If that
372 burden of proof is met, the burden shifts to the nonrelocating
373 parent or other person to show by a preponderance of the
374 evidence that the proposed relocation is not in the best
375 interest of the child.
376 (9) ORDER REGARDING RELOCATION.—If relocation is permitted:
377 (a) The court may, in its discretion, order contact with
378 the nonrelocating parent, including access, time-sharing,
379 telephone, Internet, webcam, and other arrangements sufficient
380 to ensure that the child has frequent, continuing, and
381 meaningful contact, access, and time-sharing with the
382 nonrelocating parent or other persons, if contact is financially
383 affordable and in the best interest of the child.
384 (b) If applicable, the court shall specify how the
385 transportation costs will be allocated between the parents and
386 other persons entitled to contact, access, and time-sharing and
387 may adjust the child support award, as appropriate, considering
388 the costs of transportation and the respective net incomes of
389 the parents in accordance with the state child support
390 guidelines schedule.
391 (10) PRIORITY FOR HEARING OR TRIAL.—An evidentiary hearing
392 or nonjury trial on a pleading seeking temporary or permanent
393 relief filed under this section shall be accorded priority on
394 the court's calendar.
395 (11) APPLICABILITY.—
396 (a) This section applies:
397 1. To orders entered before October 1, 2006, if the
398 existing order defining custody, primary residence, time
399 sharing, or visitation of or with the child does not expressly
400 govern the relocation of the child.
401 2. To an order, whether temporary or permanent, regarding
402 the parenting plan, custody, primary residence, time-sharing, or
403 visitation of or with the child entered on or after October 1,
404 2006.
405 3. To any relocation or proposed relocation, whether
406 permanent or temporary, of a child during any proceeding pending
407 on October 1, 2006, wherein the parenting plan, custody, primary
408 residence, time-sharing, or visitation of or with the child is
409 an issue.
410 (b) To the extent that a provision of this section
411 conflicts with an order existing on October 1, 2006, this
412 section does not apply to the terms of that order which
413 expressly govern relocation of the child or a change in the
414 principal residence address of a parent.
415 Reviser's note.—Section 9, ch. 2008-61, Laws of
416 Florida, amended s. 61.13001 without publishing
417 existing subsection (8). Absent affirmative evidence
418 of legislative intent to repeal existing subsection
419 (8), s. 61.13001 is reenacted to confirm that the
420 omission was not intended.
421 Section 6. Paragraph (a) of subsection (5) of section
422 112.661, Florida Statutes, is amended to read:
423 112.661 Investment policies.—Investment of the assets of
424 any local retirement system or plan must be consistent with a
425 written investment policy adopted by the board. Such policies
426 shall be structured to maximize the financial return to the
427 retirement system or plan consistent with the risks incumbent in
428 each investment and shall be structured to establish and
429 maintain an appropriate diversification of the retirement system
430 or plan's assets.
431 (5) AUTHORIZED INVESTMENTS.—
432 (a) The investment policy shall list investments authorized
433 by the board. Investments not listed in the investment policy
434 are prohibited. Unless otherwise authorized by law or ordinance,
435 the investment of the assets of any local retirement system or
436 plan covered by this part shall be subject to the limitations
437 and conditions set forth in s. 215.47(1)-(6), (8), (9), (11),
438 and (17) 215.47(1)-(8), (10), and (16).
439 Reviser's note.—Amended to conform to the addition of
440 a new s. 215.47(7) by s. 3, ch. 2008-31, Laws of
441 Florida.
442 Section 7. Paragraph (a) of subsection (1) of section
443 121.051, Florida Statutes, is amended to read:
444 121.051 Participation in the system.—
445 (1) COMPULSORY PARTICIPATION.—
446 (a) The provisions of this law shall be compulsory as to
447 all officers and employees, except elected officers who meet the
448 requirements of s. 121.052(3), who are employed on or after
449 December 1, 1970, of an employer other than those referred to in
450 paragraph (2)(b), and each officer or employee, as a condition
451 of employment, shall become a member of the system as of his or
452 her date of employment, except that a person who is retired from
453 any state retirement system and is reemployed on or after
454 December 1, 1970, may not renew his or her membership in any
455 state retirement system except as provided in s. 121.091(4)(h)
456 for a person who recovers from disability, and as provided in s.
457 121.091(9)(b)8. for a person who is elected to public office,
458 and, effective July 1, 1991, as provided in s. 121.122 for all
459 other retirees. Officers and employees of the University
460 Athletic Association, Inc., a nonprofit association connected
461 with the University of Florida, employed on and after July 1,
462 1979, shall not participate in any state-supported retirement
463 system.
464 1. Any person appointed on or after July 1, 1989, to a
465 faculty position in a college at the J. Hillis Miller Health
466 Center at the University of Florida or the Medical Center at the
467 University of South Florida which has a faculty practice plan
468 provided by rule adopted by the Board of Regents may not
469 participate in the Florida Retirement System. Effective July 1,
470 2008, any person appointed thereafter to a faculty position,
471 including clinical faculty, in a college at a state university
472 that has a faculty practice plan authorized by the Board of
473 Governors may not participate in the Florida Retirement System.
474 A faculty member so appointed shall participate in the optional
475 retirement program for the State University System
476 notwithstanding the provisions of s. 121.35(2)(a).
477 2. For purposes of this paragraph subparagraph, the term
478 “faculty position” is defined as a position assigned the
479 principal responsibility of teaching, research, or public
480 service activities or administrative responsibility directly
481 related to the academic mission of the college. The term
482 “clinical faculty” is defined as a faculty position appointment
483 in conjunction with a professional position in a hospital or
484 other clinical environment at a college. The term “faculty
485 practice plan” includes professional services to patients,
486 institutions, or other parties which are rendered by the
487 clinical faculty employed by a college that has a faculty
488 practice plan at a state university authorized by the Board of
489 Governors.
490 Reviser's note.—The word “paragraph” was substituted
491 by the editors for the word “subparagraph” to conform
492 to context.
493 Section 8. Paragraph (a) of subsection (2) of section
494 121.153, Florida Statutes, is amended to read:
495 121.153 Investments in institutions doing business in or
496 with Northern Ireland.—
497 (2)(a) Notwithstanding any other provision of law, and
498 consistent with the investment policy set forth in ss. 215.44(2)
499 and 215.47(10) 215.47(9), the moneys or assets of the System
500 Trust Fund invested or deposited in any financial institution,
501 as defined in s. 655.005, which, directly or through a
502 subsidiary, on or after October 1, 1988, makes any loan, extends
503 credit of any kind or character, or advances funds in any manner
504 to Northern Ireland or national corporations of Northern Ireland
505 or agencies or instrumentalities thereof shall reflect the
506 extent to which such entities have endeavored to eliminate
507 ethnic or religious discrimination as determined pursuant to
508 paragraph (1)(b).
509 Reviser's note.—Amended to conform to the addition of
510 a new s. 215.47(7) by s. 3, ch. 2008-31, Laws of
511 Florida.
512 Section 9. Paragraph (a) of subsection (9) of section
513 161.085, Florida Statutes, is amended to read:
514 161.085 Rigid coastal armoring structures.—
515 (9) The department may authorize dune restoration
516 incorporating sand-filled geotextile containers or similar
517 structures proposed as the core of a restored dune feature when
518 the conditions of paragraphs (a)-(c) and the requirements of s.
519 161.053 are met.
520 (a) A permit may be granted by the department under this
521 subsection for dune restoration incorporating geotextile
522 containers or similar structures provided that such projects:
523 1. Provide for the protection of an existing major
524 structure or public infrastructure, and, notwithstanding any
525 definition in department rule to the contrary, that major
526 structure or public infrastructure is vulnerable to damage from
527 frequent coastal storms, or is upland of a beach-dune system
528 which has experienced significant beach erosion from such storm
529 events.
530 2. Are constructed using native or beach-quality sand and
531 native salt-tolerant vegetation suitable for dune stabilization
532 as approved by the department.
533 3. May include materials other than native or beach-quality
534 sand such as geotextile materials that are used to contain
535 beach-quality sand for the purposes of maintaining the stability
536 and longevity of the dune core.
537 4. Are continuously covered with 3 feet of native or beach
538 quality sand and stabilized with native salt-tolerant
539 vegetation.
540 5. Are sited as far landward as practicable, balancing the
541 need to minimize excavation of the beach-dune system, impacts to
542 nesting marine turtles and other nesting state or federally
543 threatened or endangered species, and impacts to adjacent
544 properties.
545 6. Are designed and sited in a manner that will minimize
546 the potential for erosion.
547 7. Do not materially impede access by the public.
548 8. Are designed to minimize adverse effects to nesting
549 marine turtles and turtle hatchlings, consistent with s.
550 379.2431 370.12.
551 9. Are designed to facilitate easy removal of the
552 geotextile containers if needed.
553 10. The United States Fish and Wildlife Service has
554 approved an Incidental Take Permit for marine turtles and other
555 federally threatened or endangered species pursuant to s. 7 or
556 s. 10 of the Endangered Species Act for the placement of the
557 structure if an Incidental Take Permit is required.
558 Reviser's note.—Amended to conform to the transfer of
559 s. 370.12 to s. 379.2431 by s. 73, ch. 2008-247, Laws
560 of Florida.
561 Section 10. Paragraph (c) of subsection (6) of section
562 163.3177, Florida Statutes, is amended to read:
563 163.3177 Required and optional elements of comprehensive
564 plan; studies and surveys.—
565 (6) In addition to the requirements of subsections (1)-(5)
566 and (12), the comprehensive plan shall include the following
567 elements:
568 (c) A general sanitary sewer, solid waste, drainage,
569 potable water, and natural groundwater aquifer recharge element
570 correlated to principles and guidelines for future land use,
571 indicating ways to provide for future potable water, drainage,
572 sanitary sewer, solid waste, and aquifer recharge protection
573 requirements for the area. The element may be a detailed
574 engineering plan including a topographic map depicting areas of
575 prime groundwater recharge. The element shall describe the
576 problems and needs and the general facilities that will be
577 required for solution of the problems and needs. The element
578 shall also include a topographic map depicting any areas adopted
579 by a regional water management district as prime groundwater
580 recharge areas for the Floridan or Biscayne aquifers. These
581 areas shall be given special consideration when the local
582 government is engaged in zoning or considering future land use
583 for said designated areas. For areas served by septic tanks,
584 soil surveys shall be provided which indicate the suitability of
585 soils for septic tanks. Within 18 months after the governing
586 board approves an updated regional water supply plan, the
587 element must incorporate the alternative water supply project or
588 projects selected by the local government from those identified
589 in the regional water supply plan pursuant to s. 373.0361(2)(a)
590 or proposed by the local government under s. 373.0361(8)(b)
591 373.0361(7)(b). If a local government is located within two
592 water management districts, the local government shall adopt its
593 comprehensive plan amendment within 18 months after the later
594 updated regional water supply plan. The element must identify
595 such alternative water supply projects and traditional water
596 supply projects and conservation and reuse necessary to meet the
597 water needs identified in s. 373.0361(2)(a) within the local
598 government's jurisdiction and include a work plan, covering at
599 least a 10 year planning period, for building public, private,
600 and regional water supply facilities, including development of
601 alternative water supplies, which are identified in the element
602 as necessary to serve existing and new development. The work
603 plan shall be updated, at a minimum, every 5 years within 18
604 months after the governing board of a water management district
605 approves an updated regional water supply plan. Amendments to
606 incorporate the work plan do not count toward the limitation on
607 the frequency of adoption of amendments to the comprehensive
608 plan. Local governments, public and private utilities, regional
609 water supply authorities, special districts, and water
610 management districts are encouraged to cooperatively plan for
611 the development of multijurisdictional water supply facilities
612 that are sufficient to meet projected demands for established
613 planning periods, including the development of alternative water
614 sources to supplement traditional sources of groundwater and
615 surface water supplies.
616 Reviser's note.—Amended to conform to the
617 redesignation of subunits of s. 373.0361 by s. 1, ch.
618 2008-232, Laws of Florida.
619 Section 11. Section 193.074, Florida Statutes, is amended
620 to read:
621 193.074 Confidentiality of returns.—All returns of property
622 and returns required by former s. 201.022 submitted by the
623 taxpayer pursuant to law shall be deemed to be confidential in
624 the hands of the property appraiser, the clerk of the circuit
625 court, the department, the tax collector, the Auditor General,
626 and the Office of Program Policy Analysis and Government
627 Accountability, and their employees and persons acting under
628 their supervision and control, except upon court order or order
629 of an administrative body having quasi-judicial powers in ad
630 valorem tax matters, and such returns are exempt from the
631 provisions of s. 119.07(1).
632 Reviser's note.—Amended to conform to the repeal of s.
633 201.022 by s. 1, ch. 2008-24, Laws of Florida.
634 Section 12. Paragraph (b) of subsection (6) of section
635 193.1554, Florida Statutes, is amended to read:
636 193.1554 Assessment of nonhomestead residential property.—
637 (6)
638 (b) Changes, additions, or improvements that replace all or
639 a portion of nonhomestead residential property damaged or
640 destroyed by misfortune or calamity shall not increase the
641 property's assessed value when the square footage of the
642 property as changed or improved does not exceed 110 percent of
643 the square footage of the property before the damage or
644 destruction. Additionally, the property's assessed value shall
645 not increase if the total square footage of the property as
646 changed or improved does not exceed 1,500 square feet. Changes,
647 additions, or improvements that do not cause the total to exceed
648 110 percent of the total square footage of the property before
649 the damage or destruction or that do not cause the total to
650 exceed 1,500 total square feet shall be reassessed as provided
651 under subsection (3). The property's assessed value shall be
652 increased by the just value of that portion of the changed or
653 improved property which is in excess of 110 percent of the
654 square footage of the property before the damage or destruction
655 or of that portion exceeding 1,500 square feet. Property damaged
656 or destroyed by misfortune or calamity which, after being
657 changed or improved, has a square footage of less than 100
658 percent of the property's total square footage before the damage
659 or destruction shall be assessed pursuant to subsection (8) (7).
660 This paragraph applies to changes, additions, or improvements
661 commenced within 3 years after the January 1 following the
662 damage or destruction of the property.
663 Reviser's note.—Amended to conform to the
664 redesignation of subsection (7) as subsection (8) by
665 s. 4, ch. 2008-173, Laws of Florida.
666 Section 13. Paragraph (b) of subsection (6) of section
667 193.1555, Florida Statutes, is amended to read:
668 193.1555 Assessment of certain residential and
669 nonresidential real property.—
670 (6)
671 (b) Changes, additions, or improvements that replace all or
672 a portion of nonresidential real property damaged or destroyed
673 by misfortune or calamity shall not increase the property's
674 assessed value when the square footage of the property as
675 changed or improved does not exceed 110 percent of the square
676 footage of the property before the damage or destruction and do
677 not change the property's character or use. Changes, additions,
678 or improvements that do not cause the total to exceed 110
679 percent of the total square footage of the property before the
680 damage or destruction and do not change the property's character
681 or use shall be reassessed as provided under subsection (3). The
682 property's assessed value shall be increased by the just value
683 of that portion of the changed or improved property which is in
684 excess of 110 percent of the square footage of the property
685 before the damage or destruction. Property damaged or destroyed
686 by misfortune or calamity which, after being changed or
687 improved, has a square footage of less than 100 percent of the
688 property's total square footage before the damage or destruction
689 shall be assessed pursuant to subsection (8) (7). This paragraph
690 applies to changes, additions, or improvements commenced within
691 3 years after the January 1 following the damage or destruction
692 of the property.
693 Reviser's note.—Amended to conform to the
694 redesignation of subsection (7) as subsection (8) by
695 s. 5, ch. 2008-173, Laws of Florida.
696 Section 14. Paragraph (c) of subsection (1) and subsection
697 (5) of section 201.15, Florida Statutes, are amended to read:
698 201.15 Distribution of taxes collected.—All taxes collected
699 under this chapter are subject to the service charge imposed in
700 s. 215.20(1). Prior to distribution under this section, the
701 Department of Revenue shall deduct amounts necessary to pay the
702 costs of the collection and enforcement of the tax levied by
703 this chapter. Such costs and the service charge may not be
704 levied against any portion of taxes pledged to debt service on
705 bonds to the extent that the costs and service charge are
706 required to pay any amounts relating to the bonds. All taxes
707 remaining after deduction of costs and the service charge shall
708 be distributed as follows:
709 (1) Sixty-three and thirty-one hundredths percent of the
710 remaining taxes collected under this chapter shall be used for
711 the following purposes:
712 (c) The remainder of the moneys distributed under this
713 subsection, after the required payments under paragraphs (a) and
714 (b), shall be paid into the State Treasury to the credit of:
715 1. The State Transportation Trust Fund in the Department of
716 Transportation in the amount of the lesser of 38.2 percent of
717 the remainder or $541.75 million in each fiscal year, to be used
718 for the following specified purposes, notwithstanding any other
719 law to the contrary:
720 a. For the purposes of capital funding for the New Starts
721 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
722 specified in s. 341.051, 10 percent of these funds;
723 b. For the purposes of the Small County Outreach Program
724 specified in s. 339.2818, 5 percent of these funds;
725 c. For the purposes of the Strategic Intermodal System
726 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
727 of these funds after allocating for the New Starts Transit
728 Program described in sub-subparagraph a. and the Small County
729 Outreach Program described in sub-subparagraph b.; and
730 d. For the purposes of the Transportation Regional
731 Incentive Program specified in s. 339.2819, 25 percent of these
732 funds after allocating for the New Starts Transit Program
733 described in sub-subparagraph a. and the Small County Outreach
734 Program described in sub-subparagraph b.
735 2. The Water Protection and Sustainability Program Trust
736 Fund in the Department of Environmental Protection in the amount
737 of the lesser of 5.64 percent of the remainder or $80 million in
738 each fiscal year, to be used as required by s. 403.890.
739 3. The Grants and Donations Trust Fund in the Department of
740 Community Affairs in the amount of the lesser of .23 percent of
741 the remainder or $3.25 million in each fiscal year, with 92
742 percent to be used to fund technical assistance to local
743 governments and school boards on the requirements and
744 implementation of this act and the remaining amount to be used
745 to fund the Century Commission established in s. 163.3247.
746 4. The Ecosystem Management and Restoration Trust Fund in
747 the amount of the lesser of 2.12 percent of the remainder or $30
748 million in each fiscal year, to be used for the preservation and
749 repair of the state's beaches as provided in ss. 161.091
750 161.212.
751 5. The Marine Resources Conservation Trust Fund in the
752 amount of the lesser of .14 percent of the remainder or $2
753 million in each fiscal year, to be used for marine mammal care
754 as provided in s. 379.208(3) 370.0603(3).
755 6. General Inspection Trust Fund in the amount of the
756 lesser of .02 percent of the remainder or $300,000 in each
757 fiscal year to be used to fund oyster management and restoration
758 programs as provided in s. 379.362(3) 370.07(3).
759 Moneys distributed pursuant to this paragraph may not be pledged
760 for debt service unless such pledge is approved by referendum of
761 the voters.
762 (5)(a) For the 2007-2008 fiscal year, 3.96 percent of the
763 remaining taxes collected under this chapter shall be paid into
764 the State Treasury to the credit of the Conservation and
765 Recreation Lands Trust Fund to carry out the purposes set forth
766 in s. 259.032. Ten and five-hundredths percent of the amount
767 credited to the Conservation and Recreation Lands Trust Fund
768 pursuant to this subsection shall be transferred to the State
769 Game Trust Fund and used for land management activities.
770 (b) Beginning July 1, 2008, 3.52 percent of the remaining
771 taxes collected under this chapter shall be paid into the State
772 Treasury to the credit of the Conservation and Recreation Lands
773 Trust Fund to carry out the purposes set forth in s. 259.032.
774 Eleven and fifteen hundredths percent of the amount credited to
775 the Conservation and Recreation Lands Trust Fund pursuant to
776 this subsection shall be transferred to the State Game Trust
777 Fund and used for land management activities.
778 Reviser's note.—Paragraph (1)(c) is amended to conform
779 to the redesignation of s. 370.0603(3) as s.
780 379.208(3) by s. 18, ch. 2008-247, Laws of Florida,
781 and the redesignation of s. 370.07(3) as s. 379.362(3)
782 by s. 147, ch. 2008-247. Subsection (5) is amended to
783 delete obsolete language applicable only to the 2007
784 2008 fiscal year.
785 Section 15. Subsection (4) of section 211.31, Florida
786 Statutes, is amended to read:
787 211.31 Levy of tax on severance of certain solid minerals;
788 rate, basis, and distribution of tax.—
789 (4) The expenses of administering this part and ss.
790 378.011, 378.021, 378.031, and 378.101 shall be borne by the
791 Land Reclamation Trust Fund, the Nonmandatory Land Reclamation
792 Trust Fund, and the Phosphate Research Trust Fund.
793 Reviser's note.—Amended to conform to the repeal of s.
794 378.011 by s. 24, ch. 2008-150, Laws of Florida.
795 Section 16. Subsection (4) of section 215.50, Florida
796 Statutes, is amended to read:
797 215.50 Custody of securities purchased; income.—
798 (4) Securities that the board selects to use for options
799 operations under s. 215.45 or for lending under s. 215.47(17)
800 215.47(16) shall be registered by the Chief Financial Officer in
801 the name of a third-party nominee in order to facilitate such
802 operations.
803 Reviser's note.—Amended to conform to the
804 redesignation of subunits of s. 215.47 by s. 3, ch.
805 2008-31, Laws of Florida.
806 Section 17. Paragraph (a) of subsection (7) of section
807 215.555, Florida Statutes, is amended to read:
808 215.555 Florida Hurricane Catastrophe Fund.—
809 (7) ADDITIONAL POWERS AND DUTIES.—
810 (a) The board may procure reinsurance from reinsurers
811 acceptable to the Office of Insurance Regulation for the purpose
812 of maximizing the capacity of the fund and may enter into
813 capital market transactions, including, but not limited to,
814 industry loss warranties, catastrophe bonds, side-car
815 arrangements, or financial contracts permissible for the board's
816 usage under s. 215.47(11) and (12) 215.47(10) and (11),
817 consistent with prudent management of the fund.
818 Reviser's note.—Amended to conform to the
819 redesignation of subunits of s. 215.47 by s. 3, ch.
820 2008-31, Laws of Florida.
821 Section 18. Paragraph (b) of subsection (1) of section
822 215.5595, Florida Statutes, is amended to read:
823 215.5595 Insurance Capital Build-Up Incentive Program.—
824 (1) Upon entering the 2008 hurricane season, the
825 Legislature finds that:
826 (b) Citizens Property Insurance Corporation has over 1.2
827 million policies in force, has the largest market share of any
828 insurer writing residential property insurance insurer in the
829 state, and faces the threat of a catastrophic loss that must be
830 funded by assessments against insurers and policyholders, unless
831 otherwise funded by the state. The program has a substantial
832 positive effect on the depopulation efforts of Citizens Property
833 Insurance Corporation since companies participating in the
834 program have removed over 199,000 policies from the corporation.
835 Companies participating in the program have issued a significant
836 number of new policies, thereby keeping an estimated 480,000 new
837 policies out of the corporation.
838 Reviser's note.—Amended to confirm the substitution by
839 the editors of the word “insurance” for the word
840 “insurer” to conform to context.
841 Section 19. Paragraph (a) of subsection (2) of section
842 218.409, Florida Statutes, is amended to read:
843 218.409 Administration of the trust fund; creation of
844 advisory council.—
845 (2)(a) The trustees shall ensure that the board or a
846 professional money management firm administers the trust fund on
847 behalf of the participants. The board or a professional money
848 management firm shall have the power to invest such funds in
849 accordance with a written investment policy. The investment
850 policy shall be updated annually to conform to best investment
851 practices. The standard of prudence to be used by investment
852 officials shall be the fiduciary standards as set forth in s.
853 215.47(10) 215.47(9), which shall be applied in the context of
854 managing an overall portfolio. Portfolio managers acting in
855 accordance with written procedures and an investment policy and
856 exercising due diligence shall be relieved of personal
857 responsibility for an individual security's credit risk or
858 market price changes, provided deviations from expectations are
859 reported in a timely fashion and the liquidity and the sale of
860 securities are carried out in accordance with the terms of this
861 part.
862 Reviser's note.—Amended to conform to the
863 redesignation of subunits of s. 215.47 by s. 3, ch.
864 2008-31, Laws of Florida.
865 Section 20. Subsection (16) of section 253.03, Florida
866 Statutes, is amended to read:
867 253.03 Board of trustees to administer state lands; lands
868 enumerated.—
869 (16) The Board of Trustees of the Internal Improvement
870 Trust Fund, and the state through its agencies, may not control,
871 regulate, permit, or charge for any severed materials which are
872 removed from the area adjacent to an intake or discharge
873 structure pursuant to an exemption authorized in s.
874 403.813(1)(f) and (r) 403.813(2)(f) and (r).
875 Reviser's note.—Amended to conform to the
876 redesignation of s. 403.813(2) as s. 403.813(1) by s.
877 4, ch. 2008-40, Laws of Florida.
878 Section 21. Paragraph (c) of subsection (11) of section
879 259.032, Florida Statutes, is amended to read:
880 259.032 Conservation and Recreation Lands Trust Fund;
881 purpose.—
882 (11)
883 (c) The Land Management Uniform Accounting Council shall
884 prepare and deliver a report on the methodology and formula for
885 allocating land management funds to the Acquisition and
886 Restoration Council. The Acquisition and Restoration Council
887 shall review, modify as appropriate, and submit the report to
888 the Board of Trustees of the Internal Improvement Trust Fund.
889 The board of trustees shall review, modify as appropriate, and
890 submit the report to the President of the Senate and the Speaker
891 of the House of Representatives no later than December 31, 2008,
892 which provides an interim management formula and a long-term
893 management formula, and the methodologies used to develop the
894 formulas, which shall be used to allocate land management funds
895 provided for in paragraph (b) for interim and long-term
896 management of all lands managed pursuant to this chapter and for
897 associated contractual services. The methodology and formula for
898 interim management shall be based on the estimated land
899 acquisitions for the fiscal year in which the interim funds will
900 be expended. The methodology and formula for long-term
901 management shall recognize, but not be limited to, the
902 following:
903 1. The assignment of management intensity associated with
904 managed habitats and natural communities and the related
905 management activities to achieve land management goals provided
906 in s. 253.034(5) 253.054(5) and subsection (10).
907 a. The acres of land that require minimal effort for
908 resource preservation or restoration.
909 b. The acres of land that require moderate effort for
910 resource preservation or restoration.
911 c. The acres of land that require significant effort for
912 resource preservation or restoration.
913 2. The assignment of management intensity associated with
914 public access, including, but not limited to:
915 a. The acres of land that are open to the public but offer
916 no more than minimally developed facilities;
917 b. The acres of land that have a high degree of public use
918 and offer highly developed facilities; and
919 c. The acres of land that are sites that have historic
920 significance, unique natural features, or a very high degree of
921 public use.
922 3. The acres of land that have a secondary manager
923 contributing to the overall management effort.
924 4. The anticipated revenues generated from management of
925 the lands.
926 5. The impacts of, and needs created or addressed by,
927 multiple-use management strategies.
928 6. The acres of land that have infestations of nonnative or
929 invasive plants, animals, or fish.
930 In evaluating the management funding needs of lands based on the
931 above categories, the lead land managing agencies shall include
932 in their considerations the impacts of, and needs created or
933 addressed by, multiple-use management strategies. The funding
934 formulas for interim and long-term management proposed by the
935 agencies shall be reviewed by the Legislature during the 2009
936 regular legislative session. The Legislature may reject, modify,
937 or take no action relative to the proposed funding formulas. If
938 no action is taken, the funding formulas shall be used in the
939 allocation and distribution of funds provided in paragraph (b).
940 Reviser's note.—Amended to conform to the fact that s.
941 253.054 does not exist; s. 253.034(5) relates to land
942 management goals.
943 Section 22. Paragraph (a) of subsection (2) of section
944 259.105, Florida Statutes, is amended to read:
945 259.105 The Florida Forever Act.—
946 (2)(a) The Legislature finds and declares that:
947 1. Land acquisition programs have provided tremendous
948 financial resources for purchasing environmentally significant
949 lands to protect those lands from imminent development or
950 alteration, thereby ensuring present and future generations'
951 access to important waterways, open spaces, and recreation and
952 conservation lands.
953 2. The continued alteration and development of Florida's
954 natural and rural areas to accommodate the state's growing
955 population have contributed to the degradation of water
956 resources, the fragmentation and destruction of wildlife
957 habitats, the loss of outdoor recreation space, and the
958 diminishment of wetlands, forests, working landscapes, and
959 coastal open space.
960 3. The potential development of Florida's remaining natural
961 areas and escalation of land values require government efforts
962 to restore, bring under public protection, or acquire lands and
963 water areas to preserve the state's essential ecological
964 functions and invaluable quality of life.
965 4. It is essential to protect the state's ecosystems by
966 promoting a more efficient use of land, to ensure opportunities
967 for viable agricultural activities on working lands, and to
968 promote vital rural and urban communities that support and
969 produce development patterns consistent with natural resource
970 protection.
971 5. Florida's groundwater, surface waters, and springs are
972 under tremendous pressure due to population growth and economic
973 expansion and require special protection and restoration
974 efforts, including the protection of uplands and springsheds
975 that provide vital recharge to aquifer systems and are critical
976 to the protection of water quality and water quantity of the
977 aquifers and springs. To ensure that sufficient quantities of
978 water are available to meet the current and future needs of the
979 natural systems and citizens of the state, and assist in
980 achieving the planning goals of the department and the water
981 management districts, water resource development projects on
982 public lands, where compatible with the resource values of and
983 management objectives for the lands, are appropriate.
984 6. The needs of urban, suburban, and small communities in
985 Florida for high-quality outdoor recreational opportunities,
986 greenways, trails, and open space have not been fully met by
987 previous acquisition programs. Through such programs as the
988 Florida Communities Trust and the Florida Recreation Development
989 Assistance Program, the state shall place additional emphasis on
990 acquiring, protecting, preserving, and restoring open space,
991 ecological greenways, and recreation properties within urban,
992 suburban, and rural areas where pristine natural communities or
993 water bodies no longer exist because of the proximity of
994 developed property.
995 7. Many of Florida's unique ecosystems, such as the Florida
996 Everglades, are facing ecological collapse due to Florida's
997 burgeoning population growth and other economic activities. To
998 preserve these valuable ecosystems for future generations,
999 essential parcels of land must be acquired to facilitate
1000 ecosystem restoration.
1001 8. Access to public lands to support a broad range of
1002 outdoor recreational opportunities and the development of
1003 necessary infrastructure, where compatible with the resource
1004 values of and management objectives for such lands, promotes an
1005 appreciation for Florida's natural assets and improves the
1006 quality of life.
1007 9. Acquisition of lands, in fee simple, less-than-fee
1008 interest, or other techniques shall be based on a comprehensive
1009 science-based assessment of Florida's natural resources which
1010 targets essential conservation lands by prioritizing all current
1011 and future acquisitions based on a uniform set of data and
1012 planned so as to protect the integrity and function of
1013 ecological systems and working landscapes, and provide multiple
1014 benefits, including preservation of fish and wildlife habitat,
1015 recreation space for urban and rural areas, and the restoration
1016 of natural water storage, flow, and recharge.
1017 10. The state has embraced performance-based program
1018 budgeting as a tool to evaluate the achievements of publicly
1019 funded agencies, build in accountability, and reward those
1020 agencies which are able to consistently achieve quantifiable
1021 goals. While previous and existing state environmental programs
1022 have achieved varying degrees of success, few of these programs
1023 can be evaluated as to the extent of their achievements,
1024 primarily because performance measures, standards, outcomes, and
1025 goals were not established at the outset. Therefore, the Florida
1026 Forever program shall be developed and implemented in the
1027 context of measurable state goals and objectives.
1028 11. The state must play a major role in the recovery and
1029 management of its imperiled species through the acquisition,
1030 restoration, enhancement, and management of ecosystems that can
1031 support the major life functions of such species. It is the
1032 intent of the Legislature to support local, state, and federal
1033 programs that result in net benefit to imperiled species habitat
1034 by providing public and private land owners meaningful
1035 incentives for acquiring, restoring, managing, and repopulating
1036 habitats for imperiled species. It is the further intent of the
1037 Legislature that public lands, both existing and to be acquired,
1038 identified by the lead land managing agency, in consultation
1039 with the Florida Fish and Wildlife Conservation Commission for
1040 animals or the Department of Agriculture and Consumer Services
1041 for plants, as habitat or potentially restorable habitat for
1042 imperiled species, be restored, enhanced, managed, and
1043 repopulated as habitat for such species to advance the goals and
1044 objectives of imperiled species management consistent with the
1045 purposes for which such lands are acquired without restricting
1046 other uses identified in the management plan. It is also the
1047 intent of the Legislature that of the proceeds distributed
1048 pursuant to subsection (3), additional consideration be given to
1049 acquisitions that achieve a combination of conservation goals,
1050 including the restoration, enhancement, management, or
1051 repopulation of habitat for imperiled species. The Acquisition
1052 and Restoration Council, in addition to the criteria in
1053 subsection (9), shall give weight to projects that include
1054 acquisition, restoration, management, or repopulation of habitat
1055 for imperiled species. The term “imperiled species” as used in
1056 this chapter and chapter 253, means plants and animals that are
1057 federally listed under the Endangered Species Act, or state
1058 listed by the Fish and Wildlife Conservation Commission or the
1059 Department of Agriculture and Consumer Services.
1060 a. As part of the state's role, all state lands that have
1061 imperiled species habitat shall include as a consideration in
1062 management plan development the restoration, enhancement,
1063 management, and repopulation of such habitats. In addition, the
1064 lead land managing agency of such state lands may use fees
1065 received from public or private entities for projects to offset
1066 adverse impacts to imperiled species or their habitat in order
1067 to restore, enhance, manage, repopulate, or acquire land and to
1068 implement land management plans developed under s. 253.034 or a
1069 land management prospectus developed and implemented under this
1070 chapter. Such fees shall be deposited into a foundation or fund
1071 created by each land management agency under s. 379.223
1072 372.0215, s. 589.012, or s. 259.032(11)(d), to be used solely to
1073 restore, manage, enhance, repopulate, or acquire imperiled
1074 species habitat.
1075 b. Where habitat or potentially restorable habitat for
1076 imperiled species is located on state lands, the Fish and
1077 Wildlife Conservation Commission and the Department of
1078 Agriculture and Consumer Services shall be included on any
1079 advisory group required under chapter 253, and the short-term
1080 and long-term management goals required under chapter 253 must
1081 advance the goals and objectives of imperiled species management
1082 consistent with the purposes for which the land was acquired
1083 without restricting other uses identified in the management
1084 plan.
1085 12. There is a need to change the focus and direction of
1086 the state's major land acquisition programs and to extend
1087 funding and bonding capabilities, so that future generations may
1088 enjoy the natural resources of this state.
1089 Reviser's note.—Amended to conform to the
1090 redesignation of s. 372.0215 as s. 379.223 by s. 32,
1091 ch. 2008-247, Laws of Florida.
1092 Section 23. Paragraph (d) of subsection (9) of section
1093 259.1053, Florida Statutes, is amended to read:
1094 259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.;
1095 creation; membership; organization; meetings.—
1096 (9) POWERS AND DUTIES.—
1097 (d) The members may, with the written approval of the
1098 commission and in consultation with the department, designate
1099 hunting, fishing, and trapping zones and may establish
1100 additional periods when no hunting, fishing, or trapping shall
1101 be permitted for reasons of public safety, administration, and
1102 the protection and enhancement of nongame habitat and nongame
1103 species, as defined under s. 379.101 372.001.
1104 Reviser's note.—Amended to conform to the repeal of s.
1105 372.001 by s. 208, ch. 2008-247, Laws of Florida. The
1106 word “nongame” is now defined at s. 379.101.
1107 Section 24. Subsection (1), paragraph (e) of subsection
1108 (2), and paragraph (b) of subsection (3) of section 282.201,
1109 Florida Statutes, are amended to read:
1110 282.201 State data center system; agency duties and
1111 limitations.—A state data center system that includes all
1112 primary data centers, other nonprimary data centers, and
1113 computing facilities, and that provides an enterprise
1114 information technology service as defined in s. 282.0041, is
1115 established.
1116 (1) INTENT.—The Legislature finds that the most efficient
1117 and effective means of providing quality utility data processing
1118 services to state agencies requires that computing resources be
1119 concentrated in quality facilities that provide the proper
1120 security, infrastructure, and staff resources to ensure that the
1121 state's data is maintained reliably and, safely, and is
1122 recoverable in the event of a disaster. Efficiencies resulting
1123 from such consolidation include the increased ability to
1124 leverage technological expertise and, hardware and software
1125 capabilities; increased savings through consolidated purchasing
1126 decisions; and the enhanced ability to deploy technology
1127 improvements and implement new policies consistently throughout
1128 the consolidated organization. Therefore it is the intent of the
1129 Legislature that agency data centers and computing facilities be
1130 consolidated into primary data centers to the maximum extent
1131 possible by 2019.
1132 (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
1133 The Agency for Enterprise Information Technology shall:
1134 (e) Develop and establish policies by rule relating to the
1135 operation of the state data center system which must comply with
1136 applicable federal regulations, including 2 C.F.R. part 225 and
1137 45 C.F.R. The policies may address:
1138 1. Ensuring that financial information is captured and
1139 reported consistently and accurately.
1140 2. Requiring the establishment of service-level agreements
1141 executed between a data center and its customer entities for
1142 services provided.
1143 3. Requiring annual full cost recovery on an equitable
1144 rational basis. The cost-recovery methodology must ensure that
1145 no service is subsidizing another service and may include
1146 adjusting the subsequent year's rates as a means to recover
1147 deficits or refund surpluses from a prior year.
1148 4. Requiring that any special assessment imposed to fund
1149 expansion is based on a methodology that apportions the
1150 assessment according to the proportional benefit to each
1151 customer entity.
1152 5. Requiring that rebates be given when revenues have
1153 exceeded costs, that rebates be applied to offset charges to
1154 those customer entities that have subsidized the costs of other
1155 customer entities, and that such rebates may be in the form of
1156 credits against future billings.
1157 6. Requiring that all service-level agreements have a
1158 contract term of up to 3 years, but may include an option to
1159 renew for up to 3 additional years contingent on approval by the
1160 board, and require at least a 180-day notice of termination.
1161 7. Designating any nonstate data centers as primary data
1162 centers if the center:
1163 a. Has an established governance structure that represents
1164 customer entities proportionally.
1165 b. Maintains an appropriate cost-allocation methodology
1166 that accurately bills a customer entity based on the actual
1167 direct and indirect costs to the customer entity and prohibits
1168 the subsidization of one customer entity's costs by another
1169 entity.
1170 c. Has sufficient raised floor space, cooling, and
1171 redundant power capacity, including uninterruptible power supply
1172 and backup power generation, to accommodate the computer
1173 processing platforms and support necessary to host the computing
1174 requirements of additional customer entities.
1175 (3) STATE AGENCY DUTIES.—
1176 (b) Each state agency shall submit to the Agency for
1177 Enterprise Information Technology information relating to its
1178 data centers and computing facilities as required in
1179 instructions issued by July 1 of each year by the Agency for
1180 Enterprise Information Technology. The information required may
1181 include:
1182 1. The Amount of floor space used and available.
1183 2. The Numbers and capacities of mainframes and servers.
1184 3. Storage and network capacity.
1185 4. Amount of power used and the available capacity.
1186 5. Estimated expenditures by service area, including
1187 hardware and software, numbers of full-time equivalent
1188 positions, personnel turnover, and position reclassifications.
1189 6. A list of contracts in effect for the fiscal year,
1190 including, but not limited to, contracts for hardware, software
1191 and maintenance, including the expiration date, the contract
1192 parties, and the cost of the contract.
1193 7. Service-level agreements by customer entity.
1194 Reviser's note.—Amended to improve sentence
1195 construction.
1196 Section 25. Paragraph (d) of subsection (4) of section
1197 288.1089, Florida Statutes, is amended to read:
1198 288.1089 Innovation Incentive Program.—
1199 (4) To qualify for review by the office, the applicant
1200 must, at a minimum, establish the following to the satisfaction
1201 of Enterprise Florida, Inc., and the office:
1202 (d) For an alternative and renewable energy project in this
1203 state, the project must:
1204 1. Demonstrate a plan for significant collaboration with an
1205 institution of higher education;
1206 2. Provide the state, at a minimum, a break-even return on
1207 investment within a 20-year period;
1208 3. Include matching funds provided by the applicant or
1209 other available sources. This requirement may be waived if the
1210 office and the department determine that the merits of the
1211 individual project or the specific circumstances warrant such
1212 action;
1213 4. Be located in this state;
1214 5. Provide jobs that pay an estimated annual average wage
1215 that equals at least 130 percent of the average private sector
1216 wage. The average wage requirement may be waived if the office
1217 and the commission determine that the merits of the individual
1218 project or the specific circumstances warrant such action; and
1219 6. Meet one of the following criteria:
1220 a. Result in the creation of at least 35 direct, new jobs
1221 at the business.
1222 b. Have an activity or product that uses feedstock or other
1223 raw materials grown or produced in this state.
1224 c. Have a cumulative investment of at least $50 million
1225 within a 5-year period.
1226 d. Address the technical feasibility of the technology, and
1227 the extent to which the proposed project has been demonstrated
1228 to be technically feasible based on pilot project
1229 demonstrations, laboratory testing, scientific modeling, or
1230 engineering or chemical theory that supports the proposal.
1231 e. Include innovative technology and the degree to which
1232 the project or business incorporates an innovative new
1233 technology or an innovative application of an existing
1234 technology.
1235 f. Include production potential and the degree to which a
1236 project or business generates thermal, mechanical, or electrical
1237 energy by means of a renewable energy resource that has
1238 substantial long-term production potential. The project must, to
1239 the extent possible, quantify annual production potential in
1240 megawatts or kilowatts.
1241 g. Include and address energy efficiency and the degree to
1242 which a project demonstrates efficient use of energy, water, and
1243 material resources.
1244 h. Include project management and the ability of management
1245 to administer and a complete the business project.
1246 Reviser's note.—Amended to confirm the substitution by
1247 the editors of the word “and” for the word “a” to
1248 improve clarity.
1249 Section 26. Paragraphs (c), (d), (f), (h), and (k) of
1250 subsection (5) of section 288.8175, Florida Statutes, are
1251 amended to read:
1252 288.8175 Linkage institutes between postsecondary
1253 institutions in this state and foreign countries.—
1254 (5) The institutes are:
1255 (c) Florida Caribbean Institute (Florida International
1256 University and Daytona Beach Community College).
1257 (d) Florida-Canada Institute (University of Central Florida
1258 and Palm Beach Community Junior College).
1259 (f) Florida-Japan Institute (University of South Florida,
1260 University of West Florida, and St. Petersburg Community
1261 College).
1262 (h) Florida-Israel Institute (Florida Atlantic University
1263 and Broward Community College).
1264 (k) Florida-Mexico Institute (Florida International
1265 University and Polk Community College).
1266 Reviser's note.—Paragraph (5)(c) is amended to confirm
1267 the deletion of the word “Community” by the editors to
1268 conform to the renaming of Daytona Beach Community
1269 College as Daytona Beach College by s. 1, ch. 2008-52,
1270 Laws of Florida, and s. 5, ch. 2008-163, Laws of
1271 Florida. Paragraph (5)(d) is amended to substitute the
1272 word “Community” for the word “Junior” to conform to
1273 the renaming of Palm Beach Junior College as Palm
1274 Beach Community College by s. 64, ch. 89-381, Laws of
1275 Florida. Paragraph (5)(f) is amended to conform to the
1276 present name of St. Petersburg College, as listed in
1277 s. 1000.21, created by s. 10, ch. 2002-387, Laws of
1278 Florida. Paragraphs (5)(h) and (k) are amended to
1279 delete the word “Community” from the names of Broward
1280 College and Polk College, respectively, pursuant to
1281 the name changes in s. 1, ch. 2008-52.
1282 Section 27. Subsection (2) of section 316.2128, Florida
1283 Statutes, is amended to read:
1284 316.2128 Operation of motorized scooters and miniature
1285 motorcycles; requirements for sales.—
1286 (2) Any person selling or offering a motorized scooter or a
1287 miniature motorcycle for sale in violation of this section
1288 subsection commits an unfair and deceptive trade practice as
1289 defined in part II of chapter 501.
1290 Reviser's note.—Amended to conform to context; the
1291 actions, violation of which constitute an unfair and
1292 deceptive trade practice, are described in subsection
1293 (1), and the section only has two subsections.
1294 Section 28. Subsection (4) of section 316.650, Florida
1295 Statutes, is amended to read:
1296 316.650 Traffic citations.—
1297 (4) The chief administrative officer of every traffic
1298 enforcement agency shall require the return to him or her of the
1299 officer-agency copy of every traffic citation issued by an
1300 officer under the chief administrative officer's supervision to
1301 an alleged violator of any traffic law or ordinance and all
1302 copies of every traffic citation that has been spoiled or upon
1303 which any entry has been made and not issued to an alleged
1304 violator. In the case of a traffic enforcement agency that has
1305 an automated citation issuance system, the chief administrative
1306 officer shall require the return of all electronic traffic
1307 citation records.
1308 Reviser's note.—Amended to improve clarity.
1309 Section 29. Subsection (12) of section 319.001, Florida
1310 Statutes, is amended to read:
1311 319.001 Definitions.—As used in this chapter, the term:
1312 (12) “Used motor vehicle” means any motor vehicle that is
1313 not a “new motor vehicle” as defined in subsection (9) (8).
1314 Reviser's note.—Amended to conform to the
1315 redesignation of subsection (8) as subsection (9) by
1316 s. 15, ch. 2008-176, Laws of Florida.
1317 Section 30. Paragraph (b) of subsection (62) and paragraph
1318 (b) of subsection (65) of section 320.08058, Florida Statutes,
1319 are amended to read:
1320 320.08058 Specialty license plates.—
1321 (62) PROTECT FLORIDA SPRINGS LICENSE PLATES.—
1322 (b) The annual use fees shall be distributed to the
1323 Wildlife Foundation of Florida, Inc., a citizen support
1324 organization created pursuant to s. 379.223 372.0215, which
1325 shall administer the fees as follows:
1326 1. Wildlife Foundation of Florida, Inc., shall retain the
1327 first $60,000 of the annual use fees as direct reimbursement for
1328 administrative costs, startup costs, and costs incurred in the
1329 development and approval process.
1330 2. Thereafter, a maximum of 10 percent of the fees may be
1331 used for administrative costs directly associated with education
1332 programs, conservation, springs research, and grant
1333 administration of the foundation. A maximum of 15 percent of the
1334 fees may be used for continuing promotion and marketing of the
1335 license plate.
1336 3. At least 55 percent of the fees shall be available for
1337 competitive grants for targeted community-based springs research
1338 not currently available for state funding. The remaining 20
1339 percent shall be directed toward community outreach programs
1340 aimed at implementing such research findings. The competitive
1341 grants shall be administered and approved by the board of
1342 directors of the Wildlife Foundation of Florida. The granting
1343 advisory committee shall be composed of nine members, including
1344 one representative from the Fish and Wildlife Conservation
1345 Commission, one representative from the Department of
1346 Environmental Protection, one representative from the Department
1347 of Health, one representative from the Department of Community
1348 Affairs, three citizen representatives, and two representatives
1349 from nonprofit stakeholder groups.
1350 4. The remaining funds shall be distributed with the
1351 approval of and accountability to the board of directors of the
1352 Wildlife Foundation of Florida, and shall be used to support
1353 activities contributing to education, outreach, and springs
1354 conservation.
1355 (65) FLORIDA TENNIS LICENSE PLATES.—
1356 (b) The department shall distribute the annual use fees to
1357 the Florida Sports Foundation, a direct-support organization of
1358 the Office of Tourism, Trade, and Economic Development. The
1359 license plate annual use fees shall be annually allocated as
1360 follows:
1361 1. Up to 5 percent of the proceeds from the annual use fees
1362 may be used by the Florida Sports Foundation to administer the
1363 license plate program.
1364 2. The United States Tennis Association Florida Section
1365 Foundation shall receive the first $60,000 in proceeds from the
1366 annual use fees to reimburse it for startup costs,
1367 administrative costs, and other costs it incurs in the
1368 development and approval process.
1369 3. Up to 5 percent of the proceeds from the annual use fees
1370 may be used for promoting and marketing the license plates. The
1371 remaining proceeds shall be available for grants by the United
1372 States Tennis Association Florida Section Foundation to
1373 nonprofit organizations to operate youth tennis programs and
1374 adaptive tennis programs for special populations of all ages,
1375 and for building, renovating, and maintaining public tennis
1376 courts.
1377 Reviser's note.—Paragraph (62)(b) is amended to
1378 conform to the redesignation of s. 372.0215 as s.
1379 379.223 by s. 32, ch. 2008-247, Laws of Florida.
1380 Paragraph (65)(b) is amended to conform to the
1381 complete name of the United State Tennis Association
1382 Florida Section Foundation as used elsewhere in
1383 subsection (65).
1384 Section 31. Paragraph (b) of subsection (4) of section
1385 323.001, Florida Statutes, is amended to read:
1386 323.001 Wrecker operator storage facilities; vehicle
1387 holds.—
1388 (4) The requirements for a written hold apply when the
1389 following conditions are present:
1390 (b) The officer has probable cause to believe the vehicle
1391 should be seized and forfeited under chapter 379 370 or chapter
1392 372;
1393 Reviser's note.—Amended to conform to the transfer of
1394 the material in chapters 370 and 372 to new chapter
1395 379 by ch. 2008-247, Laws of Florida.
1396 Section 32. Subsection (1) of section 336.41, Florida
1397 Statutes, is amended to read:
1398 336.41 Counties; employing labor and providing road
1399 equipment; accounting; when competitive bidding required.—
1400 (1) The commissioners may employ labor and provide
1401 equipment as may be necessary, except as provided in subsection
1402 (4) (3), for constructing and opening of new roads or bridges
1403 and repair and maintenance of any existing roads and bridges.
1404 Reviser's note.—Amended to conform to the
1405 redesignation of subsection (3) as subsection (4) by
1406 s. 25, ch. 2008-191, Laws of Florida.
1407 Section 33. Subsection (1) of section 336.44, Florida
1408 Statutes, is amended to read:
1409 336.44 Counties; contracts for construction of roads;
1410 procedure; contractor's bond.—
1411 (1) The commissioners shall let the work on roads out on
1412 contract, in accordance with s. 336.41(4) 336.41(3).
1413 Reviser's note.—Amended to conform to the
1414 redesignation of s. 336.41(3) as s. 336.41(4) by s.
1415 25, ch. 2008-191, Laws of Florida.
1416 Section 34. Subsection (2) of section 364.051, Florida
1417 Statutes, is amended to read:
1418 364.051 Price regulation.—
1419 (2) BASIC LOCAL TELECOMMUNICATIONS SERVICE.—Price
1420 regulation of basic local telecommunications service shall
1421 consist of the following:
1422 (a) Effective January 1, 1996, the rates for basic local
1423 telecommunications service of each company subject to this
1424 section shall be capped at the rates in effect on July 1, 1995,
1425 and such rates shall not be increased prior to January 1, 2000.
1426 However, the basic local telecommunications service rates of a
1427 local exchange telecommunications company with more than 3
1428 million basic local telecommunications service access lines in
1429 service on July 1, 1995, shall not be increased prior to January
1430 1, 2001.
1431 (b) Upon the date of filing its election with the
1432 commission, the rates for basic local telecommunications service
1433 of a company that elects to become subject to this section shall
1434 be capped at the rates in effect on that date and shall remain
1435 capped as stated in paragraph (a).
1436 (c) There shall be a flat-rate pricing option for basic
1437 local telecommunications services, and mandatory measured
1438 service for basic local telecommunications services shall not be
1439 imposed.
1440 Reviser's note.—Amended to delete obsolete language
1441 establishing a rate cap effective prior to January 1,
1442 2000, or January 1, 2001, the end date for the cap
1443 depending on a company's number of basic local
1444 telecommunications service access lines as of July 1,
1445 1995.
1446 Section 35. Subsection (5) of section 373.118, Florida
1447 Statutes, is amended to read:
1448 373.118 General permits; delegation.—
1449 (5) The department shall adopt by rule one or more general
1450 permits for local governments to construct, operate, and
1451 maintain public marina facilities, public mooring fields, public
1452 boat ramps, including associated courtesy docks, and associated
1453 parking facilities located in uplands. Such general permits
1454 adopted by rule shall include provisions to ensure compliance
1455 with part IV of this chapter, subsection (1), and the criteria
1456 necessary to include the general permits in a state programmatic
1457 general permit issued by the United States Army Corps of
1458 Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92
1459 500, as amended, 33 U.S.C. ss. 1251 et seq. A facility
1460 authorized under such general permits is exempt from review as a
1461 development of regional impact if the facility complies with the
1462 comprehensive plan of the applicable local government. Such
1463 facilities shall be consistent with the local government manatee
1464 protection plan required pursuant to chapter 379 370 and shall
1465 obtain Clean Marina Program status prior to opening for
1466 operation and maintain that status for the life of the facility.
1467 Marinas and mooring fields authorized under any such general
1468 permit shall not exceed an area of 50,000 square feet over
1469 wetlands and other surface waters. All facilities permitted
1470 under this section shall be constructed, maintained, and
1471 operated in perpetuity for the exclusive use of the general
1472 public. The department shall initiate the rulemaking process
1473 within 60 days after the effective date of this act.
1474 Reviser's note.—Amended to conform to the transfer of
1475 material in former chapter 370 to chapter 379 by ch.
1476 2008-247, Laws of Florida.
1477 Section 36. Paragraphs (a) and (e) of subsection (3) of
1478 section 373.4145, Florida Statutes, are amended to read:
1479 373.4145 Part IV permitting program within the geographical
1480 jurisdiction of the Northwest Florida Water Management
1481 District.—
1482 (3) The rules adopted under subsection (1), as applicable,
1483 shall:
1484 (a) Incorporate the exemptions in ss. 373.406 and
1485 403.813(1) 403.813(2).
1486 (e) Provide an exemption for the repair, stabilization, or
1487 paving of county-maintained roads existing on or before January
1488 1, 2002, and the repair or replacement of bridges that are part
1489 of the roadway consistent with the provisions of s.
1490 403.813(1)(t) 403.813(2)(t), notwithstanding the provisions of
1491 s. 403.813(1)(t)7. 403.813(2)(t)7. requiring adoption of a
1492 general permit applicable within the Northwest Florida Water
1493 Management District and the repeal of such exemption upon the
1494 adoption of a general permit.
1495 Reviser's note.—Amended to conform to the
1496 redesignation of s. 403.813(2) as s. 403.813(1) by s.
1497 4, ch. 2008-40, Laws of Florida.
1498 Section 37. Section 374.977, Florida Statutes, is amended
1499 to read:
1500 374.977 Inland navigation districts; manatee protection
1501 speed zones, responsibility for sign posting.—The Fish and
1502 Wildlife Conservation Commission shall assume the responsibility
1503 for posting and maintaining regulatory markers for manatee
1504 protection speed zones as posted by the inland navigation
1505 districts pursuant to a rule adopted by the commission under s.
1506 379.2431(2) 370.12(2). The Fish and Wildlife Conservation
1507 Commission may apply to inland navigation districts for funding
1508 under s. 374.976 to assist with implementing its responsibility
1509 under this section for maintaining regulatory markers for
1510 manatee protection speed zones.
1511 Reviser's note.—Amended to conform to the
1512 redesignation of s. 370.12 as s. 379.2431 by s. 73,
1513 ch. 2008-247, Laws of Florida.
1514 Section 38. Subsection (1) of section 378.021, Florida
1515 Statutes, is amended to read:
1516 378.021 Master reclamation plan.—
1517 (1) The Department of Environmental Protection shall amend
1518 the master reclamation plan that provides guidelines for the
1519 reclamation of lands mined or disturbed by the severance of
1520 phosphate rock prior to July 1, 1975, which lands are not
1521 subject to mandatory reclamation under part II of chapter 211.
1522 In amending the master reclamation plan, the Department of
1523 Environmental Protection shall continue to conduct an onsite
1524 evaluation of all lands mined or disturbed by the severance of
1525 phosphate rock prior to July 1, 1975, which lands are not
1526 subject to mandatory reclamation under part II of chapter 211,
1527 and shall consider the report and plan prepared by the Land Use
1528 Advisory Committee under s. 378.011 and submitted to the former
1529 Department of Natural Resources for adoption by rule on or
1530 before July 1, 1979. The master reclamation plan when amended by
1531 the Department of Environmental Protection shall be consistent
1532 with local government plans prepared pursuant to the Local
1533 Government Comprehensive Planning and Land Development
1534 Regulation Act.
1535 Reviser's note.—Amended to conform to the repeal of s.
1536 378.011, which created the Land Use Advisory
1537 Committee, by s. 24, ch. 2008-150, Laws of Florida.
1538 Section 39. Subsection (19) of section 378.403, Florida
1539 Statutes, is amended to read:
1540 378.403 Definitions.—As used in this part, the term:
1541 (19) “Wetlands” means any area as defined in s. 373.019, as
1542 delineated using the methodology adopted by rule and ratified
1543 pursuant to s. 373.421(1). For areas included in an approved
1544 conceptual reclamation plan or modification application
1545 submitted prior to July 1, 1994, wetlands means any area having
1546 dominant vegetation as defined and listed in rule 62-301.200 67
1547 301.200, Florida Administrative Code, regardless of whether the
1548 area is within the department's jurisdiction or whether the
1549 water bodies are connected.
1550 Reviser's note.—Amended to correct an apparent error
1551 and facilitate correct interpretation. Rule 67-301.200
1552 does not exist; rule 62-301.200 relates to dominant
1553 vegetation.
1554 Section 40. Subsection (1) of section 379.2495, Florida
1555 Statutes, is amended to read:
1556 379.2495 Florida Ships-2-Reefs Program; matching grant
1557 requirements.—
1558 (1) The commission is authorized to establish the Florida
1559 Ships-2-Reefs Program, a matching grant program, for the
1560 securing and placement of United States Maritime Administration
1561 (MARAD) and United States Navy decommissioned vessels in state
1562 or federal waters seaward of the state to serve as artificial
1563 reefs and, pursuant thereto, to make expenditures and enter into
1564 contracts with local governments and nonprofit corporations for
1565 the purpose of securing and placing MARAD and United States Navy
1566 decommissioned vessels as artificial reefs in state or federal
1567 waters seaward of the state pursuant to s. 379.249(8) 370.25(8)
1568 and performing the environmental preparation and cleaning
1569 requisite to the placement of a vessel as an artificial reef,
1570 which preparation and cleaning must meet the standards
1571 established in the 2006 publication, “National Guidance: Best
1572 Management Practices for Preparing Vessels Intended to Create
1573 Artificial Reefs,” published jointly by the United States
1574 Environmental Protection Agency and the United States Maritime
1575 Administration. The commission shall have final approval of
1576 grants awarded through the program.
1577 Reviser's note.—Amended to conform to the
1578 redesignation of s. 370.25 as s. 379.249 by s. 81, ch.
1579 2008-247, Laws of Florida.
1580 Section 41. Paragraph (q) of subsection (2) of section
1581 379.353, Florida Statutes, is amended to read:
1582 379.353 Recreational licenses and permits; exemptions from
1583 fees and requirements.—
1584 (2) A hunting, freshwater fishing, or saltwater fishing
1585 license or permit is not required for:
1586 (q) Any resident recreationally freshwater fishing who
1587 holds a valid commercial fishing license issued under s.
1588 379.363(1)(a) 379.3625(1)(a).
1589 Reviser's note.—Amended to correct an apparent error
1590 and facilitate correct interpretation. Prior to the
1591 amendment to paragraph (2)(q) by s. 138, ch. 2008-247,
1592 Laws of Florida, the cross-reference was to s.
1593 372.65(1)(a), relating to resident commercial fishing
1594 licenses. Section 372.65 was redesignated as s.
1595 379.363 by s. 148, ch. 2008-247.
1596 Section 42. Subsection (8) of section 379.407, Florida
1597 Statutes, is amended to read:
1598 379.407 Administration; rules, publications, records;
1599 penalties; injunctions.—
1600 (8) LICENSES AND ENTITIES SUBJECT TO PENALTIES.—For
1601 purposes of imposing license or permit suspensions or
1602 revocations authorized by this chapter, the license or permit
1603 under which the violation was committed is subject to suspension
1604 or revocation by the commission. For purposes of assessing
1605 monetary civil or administrative penalties authorized by this
1606 chapter, the commercial harvester cited and subsequently
1607 receiving a judicial disposition of other than dismissal or
1608 acquittal in a court of law is subject to the monetary penalty
1609 assessment by the commission. However, if the licensee license
1610 or permitholder of record is not the commercial harvester
1611 receiving the citation and judicial disposition, the license or
1612 permit may be suspended or revoked only after the licensee
1613 license or permitholder has been notified by the commission that
1614 the license or permit has been cited in a major violation and is
1615 now subject to suspension or revocation should the license or
1616 permit be cited for subsequent major violations.
1617 Reviser's note.—Amended to improve clarity and
1618 facilitate correct interpretation.
1619 Section 43. Paragraph (a) of subsection (3) of section
1620 380.061, Florida Statutes, is amended to read:
1621 380.061 The Florida Quality Developments program.—
1622 (3)(a) To be eligible for designation under this program,
1623 the developer shall comply with each of the following
1624 requirements which is applicable to the site of a qualified
1625 development:
1626 1. Have donated or entered into a binding commitment to
1627 donate the fee or a lesser interest sufficient to protect, in
1628 perpetuity, the natural attributes of the types of land listed
1629 below. In lieu of the above requirement, the developer may enter
1630 into a binding commitment which runs with the land to set aside
1631 such areas on the property, in perpetuity, as open space to be
1632 retained in a natural condition or as otherwise permitted under
1633 this subparagraph. Under the requirements of this subparagraph,
1634 the developer may reserve the right to use such areas for the
1635 purpose of passive recreation that is consistent with the
1636 purposes for which the land was preserved.
1637 a. Those wetlands and water bodies throughout the state as
1638 would be delineated if the provisions of s. 373.4145(1)(b) were
1639 applied. The developer may use such areas for the purpose of
1640 site access, provided other routes of access are unavailable or
1641 impracticable; may use such areas for the purpose of stormwater
1642 or domestic sewage management and other necessary utilities to
1643 the extent that such uses are permitted pursuant to chapter 403;
1644 or may redesign or alter wetlands and water bodies within the
1645 jurisdiction of the Department of Environmental Protection which
1646 have been artificially created, if the redesign or alteration is
1647 done so as to produce a more naturally functioning system.
1648 b. Active beach or primary and, where appropriate,
1649 secondary dunes, to maintain the integrity of the dune system
1650 and adequate public accessways to the beach. However, the
1651 developer may retain the right to construct and maintain
1652 elevated walkways over the dunes to provide access to the beach.
1653 c. Known archaeological sites determined to be of
1654 significance by the Division of Historical Resources of the
1655 Department of State.
1656 d. Areas known to be important to animal species designated
1657 as endangered or threatened animal species by the United States
1658 Fish and Wildlife Service or by the Fish and Wildlife
1659 Conservation Commission, for reproduction, feeding, or nesting;
1660 for traveling between such areas used for reproduction, feeding,
1661 or nesting; or for escape from predation.
1662 e. Areas known to contain plant species designated as
1663 endangered plant species by the Department of Agriculture and
1664 Consumer Services.
1665 2. Produce, or dispose of, no substances designated as
1666 hazardous or toxic substances by the United States Environmental
1667 Protection Agency or by the Department of Environmental
1668 Protection or the Department of Agriculture and Consumer
1669 Services. This subparagraph is not intended to apply to the
1670 production of these substances in nonsignificant amounts as
1671 would occur through household use or incidental use by
1672 businesses.
1673 3. Participate in a downtown reuse or redevelopment program
1674 to improve and rehabilitate a declining downtown area.
1675 4. Incorporate no dredge and fill activities in, and no
1676 stormwater discharge into, waters designated as Class II,
1677 aquatic preserves, or Outstanding Florida Waters, except as
1678 activities in those waters are permitted pursuant to s.
1679 403.813(1) 403.813(2) and the developer demonstrates that those
1680 activities meet the standards under Class II waters, Outstanding
1681 Florida Waters, or aquatic preserves, as applicable.
1682 5. Include open space, recreation areas, Xeriscape as
1683 defined in s. 373.185, and energy conservation and minimize
1684 impermeable surfaces as appropriate to the location and type of
1685 project.
1686 6. Provide for construction and maintenance of all onsite
1687 infrastructure necessary to support the project and enter into a
1688 binding commitment with local government to provide an
1689 appropriate fair-share contribution toward the offsite impacts
1690 which the development will impose on publicly funded facilities
1691 and services, except offsite transportation, and condition or
1692 phase the commencement of development to ensure that public
1693 facilities and services, except offsite transportation, will be
1694 available concurrent with the impacts of the development. For
1695 the purposes of offsite transportation impacts, the developer
1696 shall comply, at a minimum, with the standards of the state land
1697 planning agency's development-of-regional-impact transportation
1698 rule, the approved strategic regional policy plan, any
1699 applicable regional planning council transportation rule, and
1700 the approved local government comprehensive plan and land
1701 development regulations adopted pursuant to part II of chapter
1702 163.
1703 7. Design and construct the development in a manner that is
1704 consistent with the adopted state plan, the applicable strategic
1705 regional policy plan, and the applicable adopted local
1706 government comprehensive plan.
1707 Reviser's note.—Amended to conform to the
1708 redesignation of s. 403.813(2) as s. 403.813(1) by s.
1709 4, ch. 2008-40, Laws of Florida.
1710 Section 44. Paragraph (d) of subsection (3) of section
1711 380.510, Florida Statutes, is amended to read:
1712 380.510 Conditions of grants and loans.—
1713 (3) In the case of a grant or loan for land acquisition,
1714 agreements shall provide all of the following:
1715 (d) If any essential term or condition of a grant or loan
1716 is violated, title to all interest in real property acquired
1717 with state funds shall be conveyed or revert to the Board of
1718 Trustees of the Internal Improvement Trust Fund. The trust shall
1719 treat such property in accordance with s. 380.508(4)(f)
1720 380.508(4)(e).
1721 Any deed or other instrument of conveyance whereby a nonprofit
1722 organization or local government acquires real property under
1723 this section shall set forth the interest of the state. The
1724 trust shall keep at least one copy of any such instrument and
1725 shall provide at least one copy to the Board of Trustees of the
1726 Internal Improvement Trust Fund.
1727 Reviser's note.—Amended to conform to the
1728 redesignation of s. 380.508(4)(e) as s. 380.508(4)(f)
1729 by s. 23, ch. 2008-229, Laws of Florida.
1730 Section 45. Section 381.0063, Florida Statutes, is amended
1731 to read:
1732 381.0063 Drinking water funds.—All fees and penalties
1733 received from suppliers of water pursuant to ss. 403.860(5) and
1734 403.861(7)(a) 403.861(8) shall be deposited in the appropriate
1735 County Health Department Trust Fund to be used by the department
1736 to pay the costs of expenditures required pursuant to ss.
1737 381.0062 and 403.862(1)(c).
1738 Reviser's note.—Amended to conform to the amendment of
1739 s. 403.861(7) and (8) by s. 20, ch. 2008-150, Laws of
1740 Florida, which moved language that comprised former
1741 subsection (8) to paragraph (7)(a).
1742 Section 46. Paragraph (a) of subsection (6) of section
1743 403.087, Florida Statutes, is amended to read:
1744 403.087 Permits; general issuance; denial; revocation;
1745 prohibition; penalty.—
1746 (6)(a) The department shall require a processing fee in an
1747 amount sufficient, to the greatest extent possible, to cover the
1748 costs of reviewing and acting upon any application for a permit
1749 or request for site-specific alternative criteria or for an
1750 exemption from water quality criteria and to cover the costs of
1751 surveillance and other field services and related support
1752 activities associated with any permit or plan approval issued
1753 pursuant to this chapter. The department shall review the fees
1754 authorized under this chapter at least once every 5 years and
1755 shall adjust the fees upward, as necessary, within the fee caps
1756 established in this paragraph to reflect changes in the Consumer
1757 Price Index or similar inflation indicator. The department shall
1758 establish by rule the inflation index to be used for this
1759 purpose. In the event of deflation, the department shall consult
1760 with the Executive Office of the Governor and the Legislature to
1761 determine whether downward fee adjustments are appropriate based
1762 on the current budget and appropriation considerations. However,
1763 when an application is received without the required fee, the
1764 department shall acknowledge receipt of the application and
1765 shall immediately return the unprocessed application to the
1766 applicant and shall take no further action until the application
1767 is received with the appropriate fee. The department shall adopt
1768 a schedule of fees by rule, subject to the following
1769 limitations:
1770 1. The fee for any of the following may not exceed $32,500:
1771 a. Hazardous waste, construction permit.
1772 b. Hazardous waste, operation permit.
1773 c. Hazardous waste, postclosure permit, or clean closure
1774 plan approval.
1775 d. Hazardous waste, corrective action permit.
1776 2. The permit fee for a drinking water construction or
1777 operation permit, not including the operation license fee
1778 required under s. 403.861(7), shall be at least $500 and may not
1779 exceed $15,000.
1780 3. The permit fee for a Class I injection well construction
1781 permit may not exceed $12,500.
1782 4. The permit fee for any of the following permits may not
1783 exceed $10,000:
1784 a. Solid waste, construction permit.
1785 b. Solid waste, operation permit.
1786 c. Class I injection well, operation permit.
1787 5. The permit fee for any of the following permits may not
1788 exceed $7,500:
1789 a. Air pollution, construction permit.
1790 b. Solid waste, closure permit.
1791 c. Domestic waste residuals, construction or operation
1792 permit.
1793 d. Industrial waste, operation permit.
1794 e. Industrial waste, construction permit.
1795 6. The permit fee for any of the following permits may not
1796 exceed $5,000:
1797 a. Domestic waste, operation permit.
1798 b. Domestic waste, construction permit.
1799 7. The permit fee for any of the following permits may not
1800 exceed $4,000:
1801 a. Wetlands resource management—(dredge and fill and
1802 mangrove alteration).
1803 b. Hazardous waste, research and development permit.
1804 c. Air pollution, operation permit, for sources not subject
1805 to s. 403.0872.
1806 d. Class III injection well, construction, operation, or
1807 abandonment permits.
1808 8. The permit fee for a drinking water distribution system
1809 permit, including a general permit, shall be at least $500 and
1810 may not exceed $1,000.
1811 9. The permit fee for Class V injection wells,
1812 construction, operation, and abandonment permits may not exceed
1813 $750.
1814 10. The permit fee for domestic waste collection system
1815 permits may not exceed $500.
1816 11. The permit fee for stormwater operation permits may not
1817 exceed $100.
1818 12. Except as provided in subparagraph 8., the general
1819 permit fees for permits that require certification by a
1820 registered professional engineer or professional geologist may
1821 not exceed $500, and the general permit fee for other permit
1822 types may not exceed $100.
1823 13. The fee for a permit issued pursuant to s. 403.816 is
1824 $5,000, and the fee for any modification of such permit
1825 requested by the applicant is $1,000.
1826 14. The regulatory program and surveillance fees for
1827 facilities permitted pursuant to s. 403.088 or s. 403.0885, or
1828 for facilities permitted pursuant to s. 402 of the Clean Water
1829 Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the
1830 department has been granted administrative authority, shall be
1831 limited as follows:
1832 a. The fees for domestic wastewater facilities shall not
1833 exceed $7,500 annually. The department shall establish a sliding
1834 scale of fees based on the permitted capacity and shall ensure
1835 smaller domestic waste dischargers do not bear an inordinate
1836 share of costs of the program.
1837 b. The annual fees for industrial waste facilities shall
1838 not exceed $11,500. The department shall establish a sliding
1839 scale of fees based upon the volume, concentration, or nature of
1840 the industrial waste discharge and shall ensure smaller
1841 industrial waste dischargers do not bear an inordinate share of
1842 costs of the program.
1843 c. The department may establish a fee, not to exceed the
1844 amounts in subparagraphs 5. and 6. 4. and 5., to cover
1845 additional costs of review required for permit modification or
1846 construction engineering plans.
1847 Reviser's note.—Amended to conform to the
1848 redesignation of subparagraphs (6)(a)4. and 5. as
1849 subparagraphs 5. and 6. by s. 19, ch. 2008-150, Laws
1850 of Florida.
1851 Section 47. Section 403.0871, Florida Statutes, is amended
1852 to read:
1853 403.0871 Florida Permit Fee Trust Fund.—There is
1854 established within the department a nonlapsing trust fund to be
1855 known as the “Florida Permit Fee Trust Fund.” All funds received
1856 from applicants for permits pursuant to ss. 161.041, 161.053,
1857 161.0535, 403.087(6), and 403.861(7)(a) 403.861(8) shall be
1858 deposited in the Florida Permit Fee Trust Fund and shall be used
1859 by the department with the advice and consent of the Legislature
1860 to supplement appropriations and other funds received by the
1861 department for the administration of its responsibilities under
1862 this chapter and chapter 161. In no case shall funds from the
1863 Florida Permit Fee Trust Fund be used for salary increases
1864 without the approval of the Legislature.
1865 Reviser's note.—Amended to conform to the amendment of
1866 s. 403.861(7) and (8) by s. 20, ch. 2008-150, Laws of
1867 Florida, which moved language that comprised former
1868 subsection (8) to paragraph (7)(a).
1869 Section 48. Subsection (3) of section 403.511, Florida
1870 Statutes, is amended to read:
1871 403.511 Effect of certification.—
1872 (3) The certification and any order on land use and zoning
1873 issued under this act shall be in lieu of any license, permit,
1874 certificate, or similar document required by any state,
1875 regional, or local agency pursuant to, but not limited to,
1876 chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
1877 chapter 253, chapter 298, chapter 370, chapter 373, chapter 376,
1878 chapter 379, chapter 380, chapter 381, chapter 387, chapter 403,
1879 except for permits issued pursuant to any federally delegated or
1880 approved permit program and except as provided in chapter 404 or
1881 the Florida Transportation Code, or 33 U.S.C. s. 1341.
1882 Reviser's note.—Amended to conform to the transfer of
1883 material in former chapter 370 to chapter 379 by ch.
1884 2008-247, Laws of Florida.
1885 Section 49. Paragraph (a) of subsection (7) of section
1886 403.5115, Florida Statutes, is amended to read:
1887 403.5115 Public notice.—
1888 (7)(a) A good faith effort shall be made by the proponent
1889 of an alternate corridor that includes a transmission line, as
1890 defined by s. 403.522(22), to provide direct written notice of
1891 the filing of an alternate corridor for certification by United
1892 States mail or hand delivery of of the filing no later than 30
1893 days after filing of the alternate corridor to all local
1894 landowners whose property, as noted in the most recent local
1895 government tax records, and residences, are located within one
1896 quarter mile of the proposed boundaries of a transmission line
1897 corridor that includes a transmission line as defined by s.
1898 403.522(22).
1899 Reviser's note.—Amended to delete repetitious language
1900 and facilitate correct interpretation.
1901 Section 50. Paragraph (a) of subsection (3) of section
1902 403.531, Florida Statutes, is amended to read:
1903 403.531 Effect of certification.—
1904 (3)(a) The certification shall be in lieu of any license,
1905 permit, certificate, or similar document required by any state,
1906 regional, or local agency under, but not limited to, chapter
1907 125, chapter 161, chapter 163, chapter 166, chapter 186, chapter
1908 253, chapter 258, chapter 298, chapter 370, chapter 372, chapter
1909 373, chapter 376, chapter 379, chapter 380, chapter 381, chapter
1910 403, chapter 404, the Florida Transportation Code, or 33 U.S.C.
1911 s. 1341.
1912 Reviser's note.—Amended to conform to the transfer of
1913 material in former chapters 370 and 372 to chapter 379
1914 by ch. 2008-247, Laws of Florida.
1915 Section 51. Paragraph (b) of subsection (1) of section
1916 403.7264, Florida Statutes, is amended to read:
1917 403.7264 Amnesty days for purging small quantities of
1918 hazardous wastes.—Amnesty days are authorized by the state for
1919 the purpose of purging small quantities of hazardous waste, free
1920 of charge, from the possession of homeowners, farmers, schools,
1921 state agencies, and small businesses. These entities have no
1922 appropriate economically feasible mechanism for disposing of
1923 their hazardous wastes at the present time. In order to raise
1924 public awareness on this issue, provide an educational process,
1925 accommodate those entities which have a need to dispose of small
1926 quantities of hazardous waste, and preserve the waters of the
1927 state, amnesty days shall be carried out in the following
1928 manner:
1929 (1)
1930 (b) If a local government has established a local or
1931 regional hazardous waste collection center pursuant to s.
1932 403.7265(2) 403.7265(3) and such center is in operation, the
1933 department and the local government may enter into a contract
1934 whereby the local government shall administer and supervise
1935 amnesty days. If a contract is entered into, the department
1936 shall provide to the local government, from funds appropriated
1937 to the department for amnesty days, an amount of money as
1938 determined by the department that is equal to the amount of
1939 money that would have been spent by the department to administer
1940 and supervise amnesty days in the local government's area. A
1941 local government that wishes to administer and supervise amnesty
1942 days shall notify the department at least 30 days prior to the
1943 beginning of the state fiscal year during which the amnesty days
1944 are scheduled to be held in the local government's area.
1945 Reviser's note.—Amended to conform to the
1946 redesignation of s. 403.7265(3) as s. 403.7265(2) by
1947 s. 26, ch. 2007-184, Laws of Florida.
1948 Section 52. Paragraph (t) of subsection (1) and subsection
1949 (2) of section 403.813, Florida Statutes, are amended to read:
1950 403.813 Permits issued at district centers; exceptions.—
1951 (1) A permit is not required under this chapter, chapter
1952 373, chapter 61-691, Laws of Florida, or chapter 25214 or
1953 chapter 25270, 1949, Laws of Florida, for activities associated
1954 with the following types of projects; however, except as
1955 otherwise provided in this subsection, nothing in this
1956 subsection relieves an applicant from any requirement to obtain
1957 permission to use or occupy lands owned by the Board of Trustees
1958 of the Internal Improvement Trust Fund or any water management
1959 district in its governmental or proprietary capacity or from
1960 complying with applicable local pollution control programs
1961 authorized under this chapter or other requirements of county
1962 and municipal governments:
1963 (t) The repair, stabilization, or paving of existing county
1964 maintained roads and the repair or replacement of bridges that
1965 are part of the roadway, within the Northwest Florida Water
1966 Management District and the Suwannee River Water Management
1967 District, provided:
1968 1. The road and associated bridge were in existence and in
1969 use as a public road or bridge, and were maintained by the
1970 county as a public road or bridge on or before January 1, 2002;
1971 2. The construction activity does not realign the road or
1972 expand the number of existing traffic lanes of the existing
1973 road; however, the work may include the provision of safety
1974 shoulders, clearance of vegetation, and other work reasonably
1975 necessary to repair, stabilize, pave, or repave the road,
1976 provided that the work is constructed by generally accepted
1977 engineering standards;
1978 3. The construction activity does not expand the existing
1979 width of an existing vehicular bridge in excess of that
1980 reasonably necessary to properly connect the bridge with the
1981 road being repaired, stabilized, paved, or repaved to safely
1982 accommodate the traffic expected on the road, which may include
1983 expanding the width of the bridge to match the existing
1984 connected road. However, no debris from the original bridge
1985 shall be allowed to remain in waters of the state, including
1986 wetlands;
1987 4. Best management practices for erosion control shall be
1988 employed as necessary to prevent water quality violations;
1989 5. Roadside swales or other effective means of stormwater
1990 treatment must be incorporated as part of the project;
1991 6. No more dredging or filling of wetlands or water of the
1992 state is performed than that which is reasonably necessary to
1993 repair, stabilize, pave, or repave the road or to repair or
1994 replace the bridge, in accordance with generally accepted
1995 engineering standards; and
1996 7. Notice of intent to use the exemption is provided to the
1997 department, if the work is to be performed within the Northwest
1998 Florida Water Management District, or to the Suwannee River
1999 Water Management District, if the work is to be performed within
2000 the Suwannee River Water Management District, 30 days prior to
2001 performing any work under the exemption.
2002 Within 30 days after this act becomes a law, the department
2003 shall initiate rulemaking to adopt a no fee general permit for
2004 the repair, stabilization, or paving of existing roads that are
2005 maintained by the county and the repair or replacement of
2006 bridges that are part of the roadway where such activities do
2007 not cause significant adverse impacts to occur individually or
2008 cumulatively. The general permit shall apply statewide and, with
2009 no additional rulemaking required, apply to qualified projects
2010 reviewed by the Suwannee River Water Management District, the
2011 St. Johns River Water Management District, the Southwest Florida
2012 Water Management District, and the South Florida Water
2013 Management District under the division of responsibilities
2014 contained in the operating agreements applicable to part IV of
2015 chapter 373. Upon adoption, this general permit shall, pursuant
2016 to the provisions of subsection (2) (3), supersede and replace
2017 the exemption in this paragraph.
2018 (2) The provisions of subsection (1) (2) are superseded by
2019 general permits established pursuant to ss. 373.118 and 403.814
2020 which include the same activities. Until such time as general
2021 permits are established, or should general permits be suspended
2022 or repealed, the exemptions under subsection (1) (2) shall
2023 remain or shall be reestablished in full force and effect.
2024 Reviser's note.—Amended to conform to the repeal of
2025 former subsection (1) by s. 4, ch. 2008-40, Laws of
2026 Florida.
2027 Section 53. Subsection (7) of section 403.862, Florida
2028 Statutes, is amended to read:
2029 403.862 Department of Health; public water supply duties
2030 and responsibilities; coordinated budget requests with
2031 department.—
2032 (7) Fees and penalties received from suppliers of water
2033 pursuant to ss. 403.860(3), (4), and (5) and 403.861(7)(a)
2034 403.861(8) in counties where county health departments have been
2035 approved by the department pursuant to paragraph (1)(c) shall be
2036 deposited in the appropriate County Health Department Trust Fund
2037 to be used for the purposes stated in paragraph (1)(c).
2038 Reviser's note.—Amended to conform to the amendment of
2039 s. 403.861(7) and (8) by s. 20, ch. 2008-150, Laws of
2040 Florida, which moved language that comprised former
2041 subsection (8) to paragraph (7)(a).
2042 Section 54. Subsection (2) of section 403.890, Florida
2043 Statutes, is amended to read:
2044 403.890 Water Protection and Sustainability Program;
2045 intent; goals; purposes.—
2046 (2) Applicable beginning in the 2007-2008 fiscal year,
2047 revenues transferred from the Department of Revenue pursuant to
2048 s. 201.15(1)(c)2. 201.15(1)(d)2. shall be deposited into the
2049 Water Protection and Sustainability Program Trust Fund in the
2050 Department of Environmental Protection. These revenues and any
2051 other additional revenues deposited into or appropriated to the
2052 Water Protection and Sustainability Program Trust Fund shall be
2053 distributed by the Department of Environmental Protection in the
2054 following manner:
2055 (a) Sixty-five percent to the Department of Environmental
2056 Protection for the implementation of an alternative water supply
2057 program as provided in s. 373.1961.
2058 (b) Twenty-two and five-tenths percent for the
2059 implementation of best management practices and capital project
2060 expenditures necessary for the implementation of the goals of
2061 the total maximum daily load program established in s. 403.067.
2062 Of these funds, 83.33 percent shall be transferred to the credit
2063 of the Department of Environmental Protection Water Quality
2064 Assurance Trust Fund to address water quality impacts associated
2065 with nonagricultural nonpoint sources. Sixteen and sixty-seven
2066 hundredths percent of these funds shall be transferred to the
2067 Department of Agriculture and Consumer Services General
2068 Inspection Trust Fund to address water quality impacts
2069 associated with agricultural nonpoint sources. These funds shall
2070 be used for research, development, demonstration, and
2071 implementation of the total maximum daily load program under s.
2072 403.067, suitable best management practices or other measures
2073 used to achieve water quality standards in surface waters and
2074 water segments identified pursuant to s. 303(d) of the Clean
2075 Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
2076 Implementation of best management practices and other measures
2077 may include cost-share grants, technical assistance,
2078 implementation tracking, and conservation leases or other
2079 agreements for water quality improvement. The Department of
2080 Environmental Protection and the Department of Agriculture and
2081 Consumer Services may adopt rules governing the distribution of
2082 funds for implementation of capital projects, best management
2083 practices, and other measures. These funds shall not be used to
2084 abrogate the financial responsibility of those point and
2085 nonpoint sources that have contributed to the degradation of
2086 water or land areas. Increased priority shall be given by the
2087 department and the water management district governing boards to
2088 those projects that have secured a cost-sharing agreement
2089 allocating responsibility for the cleanup of point and nonpoint
2090 sources.
2091 (c) Twelve and five-tenths percent to the Department of
2092 Environmental Protection for the Disadvantaged Small Community
2093 Wastewater Grant Program as provided in s. 403.1838.
2094 (d) On June 30, 2009, and every 24 months thereafter, the
2095 Department of Environmental Protection shall request the return
2096 of all unencumbered funds distributed pursuant to this section.
2097 These funds shall be deposited into the Water Protection and
2098 Sustainability Program Trust Fund and redistributed pursuant to
2099 the provisions of this section.
2100 Reviser's note.—Amended to conform to the
2101 redesignation of s. 201.15(1)(d)2. as s.
2102 201.15(1)(c)2. by s. 3, ch 2008-114, Laws of Florida.
2103 Section 55. Subsection (3) of section 403.9416, Florida
2104 Statutes, is amended to read:
2105 403.9416 Effect of certification.—
2106 (3) The certification shall be in lieu of any license,
2107 permit, certificate, or similar document required by any agency
2108 pursuant to, but not limited to, chapter 125, chapter 161,
2109 chapter 163, chapter 166, chapter 186, chapter 253, chapter 258,
2110 chapter 298, chapter 370, chapter 372, chapter 373, chapter 376,
2111 chapter 377, chapter 379, chapter 380, chapter 381, chapter 387,
2112 chapter 403, the Florida Transportation Code, or 33 U.S.C. s.
2113 1341. On certification, any license, easement, or other interest
2114 in state lands, except those the title to which is vested in the
2115 Board of Trustees of the Internal Improvement Trust Fund or a
2116 water management district created pursuant to chapter 373, shall
2117 be issued by the appropriate agency as a ministerial act. The
2118 applicant shall be required to seek any necessary interest in
2119 state lands the title to which is vested in the Board of
2120 Trustees of the Internal Improvement Trust Fund from the board
2121 of trustees or from the governing board of the water management
2122 district before, during, or after the certification proceeding,
2123 and certification may be made contingent upon issuance of the
2124 appropriate interest in realty. However, neither the applicant
2125 nor any party to the certification proceeding may directly or
2126 indirectly raise or relitigate any matter which was or could
2127 have been an issue in the certification proceeding in any
2128 proceeding before the Board of Trustees of the Internal
2129 Improvement Trust Fund wherein the applicant is seeking a
2130 necessary interest in state lands, but the information presented
2131 in the certification proceeding shall be available for review by
2132 the board of trustees and its staff.
2133 Reviser's note.—Amended to conform to the transfer of
2134 material in former chapters 370 and 372 to chapter 379
2135 by ch. 2008-247, Laws of Florida.
2136 Section 56. Subsection (1) of section 409.2563, Florida
2137 Statutes, is reenacted, and paragraph (b) of subsection (2) of
2138 that section is amended to read:
2139 409.2563 Administrative establishment of child support
2140 obligations.—
2141 (1) DEFINITIONS.—As used in this section, the term:
2142 (a) “Administrative support order” means a final order
2143 rendered by or on behalf of the department pursuant to this
2144 section establishing or modifying the obligation of a parent to
2145 contribute to the support and maintenance of his or her child or
2146 children, which may include provisions for monetary support,
2147 retroactive support, health care, and other elements of support
2148 pursuant to chapter 61.
2149 (b) “Caretaker relative” has the same meaning ascribed in
2150 s. 414.0252(11).
2151 (c) “Filed” means a document has been received and accepted
2152 for filing at the offices of the department by the clerk or any
2153 authorized deputy clerk of the department. The date of filing
2154 must be indicated on the face of the document by the clerk or
2155 deputy clerk.
2156 (d) “Financial affidavit” means an affidavit or written
2157 declaration as provided by s. 92.525(2) which shows an
2158 individual's income, allowable deductions, net income, and other
2159 information needed to calculate the child support guideline
2160 amount under s. 61.30.
2161 (e) “Rendered” means that a signed written order is filed
2162 with the clerk or any deputy clerk of the department and served
2163 on the respondent. The date of filing must be indicated on the
2164 face of the order at the time of rendition.
2165 (f) “Title IV-D case” means a case or proceeding in which
2166 the department is providing child support services within the
2167 scope of Title IV-D of the Social Security Act, 42 U.S.C. ss.
2168 651 et seq.
2169 (g) “Retroactive support” means a child support obligation
2170 established pursuant to s. 61.30(17).
2171 Other terms used in this section have the meanings ascribed in
2172 ss. 61.046 and 409.2554.
2173 (2) PURPOSE AND SCOPE.—
2174 (b) The administrative procedure set forth in this section
2175 concerns only the establishment of child support obligations.
2176 This section does not grant jurisdiction to the department or
2177 the Division of Administrative Hearings to hear or determine
2178 issues of dissolution of marriage, separation, alimony or
2179 spousal support, termination of parental rights, dependency,
2180 disputed paternity, except for a determination of paternity as
2181 provided in s. 409.256, or award of or change of time-sharing.
2182 This paragraph notwithstanding, the department and the Division
2183 of Administrative Hearings may make findings of fact that are
2184 necessary for a proper determination of a parent's support
2185 obligation as authorized by this section.
2186 Reviser's note.—Section 21, ch. 2008-61, Laws of
2187 Florida, amended paragraph (1)(a) without publishing
2188 the flush left language at the end of the subsection.
2189 Absent affirmative evidence of legislative intent to
2190 repeal it, subsection (1) is reenacted to confirm that
2191 the omission was not intended. Paragraph (2)(b) is
2192 amended to confirm the editorial insertion of the word
2193 “or” to improve clarity and correct sentence
2194 construction.
2195 Section 57. Paragraph (e) of subsection (4) of section
2196 409.2598, Florida Statutes, is amended to read:
2197 409.2598 License suspension proceeding to enforce support
2198 order.—
2199 (4) COMPLIANCE; REINSTATEMENT.—
2200 (e) Notwithstanding any other statutory provision, a notice
2201 from the court or the department shall reinstate to the obligor
2202 all licenses established in chapter 379 chapters 370 and 372
2203 that were valid at the time of suspension.
2204 Reviser's note.—Amended to conform to the transfer of
2205 material in former chapters 370 and 372 to chapter 379
2206 by ch. 2008-247, Laws of Florida.
2207 Section 58. Paragraph (b) of subsection (2) of section
2208 468.432, Florida Statutes, is amended to read:
2209 468.432 Licensure of community association managers and
2210 community association management firms; exceptions.—
2211 (2) As of January 1, 2009, a community association
2212 management firm or other similar organization responsible for
2213 the management of more than 10 units or a budget of $100,000 or
2214 greater shall not engage or hold itself out to the public as
2215 being able to engage in the business of community association
2216 management in this state unless it is licensed by the department
2217 as a community association management firm in accordance with
2218 the provisions of this part.
2219 (b) Each applicant shall designate on its application a
2220 licensed community association manager who shall be required to
2221 respond to all inquiries inquires from and investigations by the
2222 department or division.
2223 Reviser's note.—Amended to confirm the editorial
2224 substitution of the word “inquiries” for the word
2225 “inquires” to correct an apparent error.
2226 Section 59. Paragraph (a) of subsection (6) of section
2227 489.145, Florida Statutes, is amended to read:
2228 489.145 Guaranteed energy, water, and wastewater
2229 performance savings contracting.—
2230 (6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.—The
2231 Department of Management Services, with the assistance of the
2232 Office of the Chief Financial Officer, shall, within available
2233 resources, provide technical content assistance to state
2234 agencies contracting for energy, water, and wastewater
2235 efficiency and conservation measures and engage in other
2236 activities considered appropriate by the department for
2237 promoting and facilitating guaranteed energy, water, and
2238 wastewater performance contracting by state agencies. The
2239 Department of Management Services shall review the investment
2240 grade audit for each proposed project and certify that the cost
2241 savings are appropriate and sufficient for the term of the
2242 contract. The Office of the Chief Financial Officer, with the
2243 assistance of the Department of Management Services, shall,
2244 within available resources, develop model contractual and
2245 related documents for use by state agencies. Prior to entering
2246 into a guaranteed energy, water, and wastewater performance
2247 savings contract, any contract or lease for third-party
2248 financing, or any combination of such contracts, a state agency
2249 shall submit such proposed contract or lease to the Office of
2250 the Chief Financial Officer for review and approval. A proposed
2251 contract or lease shall include:
2252 (a) Supporting information required by s. 216.023(4)(a)9.
2253 in ss. 287.063(5) and 287.064(11). For contracts approved under
2254 this section, the criteria may, at add a minimum, include the
2255 specification of a benchmark cost of capital and minimum real
2256 rate of return on energy, water, or wastewater savings against
2257 which proposals shall be evaluated.
2258 The Office of the Chief Financial Officer shall not approve any
2259 contract submitted under this section from a state agency that
2260 does not meet the requirements of this section.
2261 Reviser's note.—Amended to confirm the editorial
2262 substitution of the word “at” for the word “add” to
2263 correct an apparent error.
2264 Section 60. Subsection (42) of section 499.003, Florida
2265 Statutes, is amended to read:
2266 499.003 Definitions of terms used in this part.—As used in
2267 this part, the term:
2268 (42) “Prescription drug” means a prescription, medicinal,
2269 or legend drug, including, but not limited to, finished dosage
2270 forms or active ingredients subject to, defined by, or described
2271 by s. 503(b) of the Federal Food, Drug, and Cosmetic Act or s.
2272 465.003(8), s. 499.007(13), or subsection (11), subsection (45)
2273 (47), or subsection (52) (54).
2274 Reviser's note.—Amended to confirm the editorial
2275 substitution of references to subsections (45) and
2276 (52) for references to subsections (47) and (54).
2277 Section 2, ch. 2008-207, Laws of Florida, amended s.
2278 499.003, but the amendment contained coding errors
2279 relating to subunit numbering.
2280 Section 61. Paragraph (n) of subsection (10) of section
2281 499.012, Florida Statutes, is amended to read:
2282 499.012 Permit application requirements.—
2283 (10) The department may deny an application for a permit or
2284 refuse to renew a permit for a prescription drug wholesale
2285 distributor or an out-of-state prescription drug wholesale
2286 distributor if:
2287 (n) The applicant or any affiliated party receives,
2288 directly or indirectly, financial support and assistance from a
2289 person who has been found guilty of any violation of this part
2290 or chapter 465, chapter 501, or chapter 893, any rules adopted
2291 under any of this part or those chapters, any federal or state
2292 drug law, or any felony where the underlying facts related to
2293 drugs, regardless of whether the person has been pardoned, had
2294 her or his civil rights restored, or had adjudication withheld,
2295 other than through the ownership of stock in a publicly traded
2296 company or a mutual fund.
2297 Reviser's note.—Amended to confirm the editorial
2298 deletion of the words “any of” following the word
2299 “under” to facilitate correct interpretation.
2300 Section 62. Paragraph (d) of subsection (4) of section
2301 499.0121, Florida Statutes, is amended to read:
2302 499.0121 Storage and handling of prescription drugs;
2303 recordkeeping.—The department shall adopt rules to implement
2304 this section as necessary to protect the public health, safety,
2305 and welfare. Such rules shall include, but not be limited to,
2306 requirements for the storage and handling of prescription drugs
2307 and for the establishment and maintenance of prescription drug
2308 distribution records.
2309 (4) EXAMINATION OF MATERIALS AND RECORDS.—
2310 (d) Upon receipt, a wholesale distributor must review
2311 records required under this section for the acquisition of
2312 prescription drugs for accuracy and completeness, considering
2313 the total facts and circumstances surrounding the transactions
2314 and the wholesale distributors involved. This includes
2315 authenticating each transaction listed on a pedigree paper, as
2316 defined in s. 499.003(36) 499.003(35).
2317 Reviser's note.—Amended to correct an apparent error
2318 and conform to context. Section 2, ch. 2008-207, Laws
2319 of Florida, redesignated subunits of s. 499.003.
2320 Section 13, ch. 2008-207, amended s. 499.0121(4)(d) to
2321 change the reference to s. 499.003(31), which defined
2322 “pedigree paper”, to s. 499.003(35). The term
2323 “pedigree paper” is now defined in s. 499.003(36).
2324 Section 63. Paragraph (a) of subsection (1) of section
2325 499.015, Florida Statutes, is amended to read:
2326 499.015 Registration of drugs, devices, and cosmetics;
2327 issuance of certificates of free sale.—
2328 (1)(a) Except for those persons exempted from the
2329 definition of manufacturer in s. 499.003(31) 499.003(32), any
2330 person who manufactures, packages, repackages, labels, or
2331 relabels a drug, device, or cosmetic in this state must register
2332 such drug, device, or cosmetic biennially with the department;
2333 pay a fee in accordance with the fee schedule provided by s.
2334 499.041; and comply with this section. The registrant must list
2335 each separate and distinct drug, device, or cosmetic at the time
2336 of registration.
2337 Reviser's note.—Amended to correct an apparent error
2338 and conform to context. Section 2, ch. 2008-207, Laws
2339 of Florida, redesignated subunits of s. 499.003.
2340 Section 18, ch. 2008-207, amended s. 499.015(1)(a) to
2341 change a reference to s. 499.003(28), which defined
2342 “manufacturer,” to a reference to s. 499.003(32). The
2343 term “manufacturer” is now defined in s. 499.003(31).
2344 Section 64. Subsection (5) of section 500.12, Florida
2345 Statutes, is amended to read:
2346 500.12 Food permits; building permits.—
2347 (5) It is the intent of the Legislature to eliminate
2348 duplication of regulatory inspections of food. Regulatory and
2349 permitting authority over any food establishment is preempted to
2350 the department, except as provided in chapter 379 chapters 370
2351 and 372.
2352 (a) Food establishments or retail food stores that have
2353 ancillary food service activities shall be permitted and
2354 inspected by the department.
2355 (b) Food service establishments, as defined in s. 381.0072,
2356 that have ancillary, prepackaged retail food sales shall be
2357 regulated by the Department of Health.
2358 (c) Public food service establishments, as defined in s.
2359 509.013, which have ancillary, prepackaged retail food sales
2360 shall be licensed and inspected by the Department of Business
2361 and Professional Regulation.
2362 (d) The department and the Department of Business and
2363 Professional Regulation shall cooperate to assure equivalency of
2364 inspection and enforcement and to share information on those
2365 establishments identified in paragraphs (a) and (c) and to
2366 address any other areas of potential duplication. The department
2367 and the Department of Business and Professional Regulation are
2368 authorized to adopt rules to enforce statutory requirements
2369 under their purview regarding foods.
2370 Reviser's note.—Amended to conform to the transfer of
2371 chapters 370 and 372 to chapter 379 by ch. 2008-247,
2372 Laws of Florida.
2373 Section 65. Subsection (1) of section 553.885, Florida
2374 Statutes, is amended to read:
2375 553.885 Carbon monoxide alarm required.—
2376 (1) Every building, other than a hospital, an inpatient
2377 hospice facility, or a nursing home facility licensed by the
2378 Agency for Health Care Administration, for which a building
2379 permit is issued for new construction on or after July 1, 2008,
2380 and having a fossil-fuel-burning heater or appliance, a
2381 fireplace, or an attached garage shall have an approved
2382 operational carbon monoxide alarm installed within 10 feet of
2383 each room used for sleeping purposes. For a new hospital, an
2384 inpatient hospice facility, or a nursing home facility licensed
2385 by the Agency for Health Care Administration, an approved
2386 operational carbon monoxide detector shall be installed inside
2387 or directly outside of each room or area within the hospital or
2388 facility where were a fossil-fuel-burning heater, engine, or
2389 appliance is located. This detector shall be connected to the
2390 fire alarm system of the hospital or facility as a supervisory
2391 signal.
2392 Reviser's note.—Amended to confirm the editorial
2393 substitution of the word “where” for the word “were”
2394 to conform to context.
2395 Section 66. Section 553.975, Florida Statutes, is amended
2396 to read:
2397 553.975 Report to the Governor and Legislature.—The Public
2398 Service Commission shall submit a biennial report to the
2399 Governor, the President of the Senate, and the Speaker of the
2400 House of Representatives, concurrent with the report required by
2401 s. 366.82(10) 366.82(4), beginning in 1990. Such report shall
2402 include an evaluation of the effectiveness of these standards on
2403 energy conservation in this state.
2404 Reviser's note.—Amended to conform to the
2405 redesignation of s. 366.82(4) as s. 366.82(10) by s.
2406 39, ch. 2008-227, Laws of Florida.
2407 Section 67. Subsection (4) of section 560.111, Florida
2408 Statutes, is amended to read:
2409 560.111 Prohibited acts.—
2410 (4) Any person who willfully violates any provision of s.
2411 560.403, s. 560.404, or s. 560.405, or s. 560.407 commits a
2412 felony of the third degree, punishable as provided in s.
2413 775.082, s. 775.083, or s. 775.084.
2414 Reviser's note.—Amended to conform to the repeal of s.
2415 560.407 by s. 55, ch. 2008-177, Laws of Florida.
2416 Section 68. Section 560.124, Florida Statutes, is amended
2417 to read:
2418 560.124 Sharing of information.—Any person may provide to a
2419 money services business, authorized vendor, law enforcement
2420 agency, prosecutorial agency, or appropriate regulator, or any
2421 money services business, authorized vendor, law enforcement
2422 agency, prosecutorial agency, or appropriate regulator may
2423 provide to any person, information about any person's known or
2424 suspected involvement in a violation of any state, federal, or
2425 foreign law, rule, or regulation relating to the business of a
2426 money services business or deferred presentment present provider
2427 which has been reported to state, federal, or foreign
2428 authorities, and is not liable in any civil action for providing
2429 such information.
2430 Reviser's note.—Amended to confirm the editorial
2431 substitution of the word “presentment” for the word
2432 “present” to conform to context.
2433 Section 69. Paragraph (a) of subsection (1) of section
2434 560.141, Florida Statutes, is amended to read:
2435 560.141 License application.—
2436 (1) To apply for a license as a money services business
2437 under this chapter the applicant must:
2438 (a) Submit an application to the office on forms prescribed
2439 by rule which includes the following information:
2440 1. The legal name and address of the applicant, including
2441 any fictitious or trade names used by the applicant in the
2442 conduct of its business.
2443 2. The date of the applicant's formation and the state in
2444 which the applicant was formed, if applicable.
2445 3. The name, social security number, alien identification
2446 or taxpayer identification number, business and residence
2447 addresses, and employment history for the past 5 years for each
2448 officer, director, responsible person, the compliance officer,
2449 each controlling shareholder, and any other person who has a
2450 controlling interest in the money services business as provided
2451 in s. 560.127.
2452 4. A description of the organizational structure of the
2453 applicant, including the identity of any parent or subsidiary of
2454 the applicant, and the disclosure of whether any parent or
2455 subsidiary is publicly traded.
2456 5. The applicant's history of operations in other states if
2457 applicable and a description of the money services business or
2458 deferred presentment provider activities proposed to be
2459 conducted by the applicant in this state.
2460 6. If the applicant or its parent is a publicly traded
2461 company, copies of all filings made by the applicant with the
2462 United States Securities and Exchange Commission, or with a
2463 similar regulator in a country other than the United States,
2464 within the preceding year.
2465 7. The location at which the applicant proposes to
2466 establish its principal place of business and any other
2467 location, including branch offices and authorized vendors
2468 operating in this state. For each branch office identified and
2469 each authorized vendor appointed, the applicant shall include
2470 the nonrefundable fee required by s. 560.143.
2471 8. The name and address of the clearing financial
2472 institution or financial institutions through which the
2473 applicant's payment instruments are drawn or through which the
2474 payment instruments are payable.
2475 9. The history of the applicant's material litigation,
2476 criminal convictions, pleas of nolo contendere, and cases of
2477 adjudication withheld.
2478 10. The history of material litigation, arrests, criminal
2479 convictions, pleas of nolo contendere, and cases of adjudication
2480 withheld for each executive officer, director, controlling
2481 shareholder, and responsible person.
2482 11. The name of the registered agent in this state for
2483 service of process unless the applicant is a sole proprietor.
2484 12. Any other information specified in this chapter or by
2485 rule.
2486 Reviser's note.—Amended to confirm the editorial
2487 insertion of the word “and” after the word
2488 “shareholder” to improve clarity and facilitate
2489 correct interpretation.
2490 Section 70. Subsection (4) of section 560.142, Florida
2491 Statutes, is amended to read:
2492 560.142 License renewal.—
2493 (4) If a license or declaration of intent to engage in
2494 deferred presentment transactions expires, the license or
2495 declaration of intent may be reinstated only if a renewal
2496 application or declaration of intent, all required renewal fees,
2497 and any applicable late fees are received by the office within
2498 60 days after expiration. If not submitted within 60 days, the
2499 license or declaration of on intent expires and a new license
2500 application or declaration of intent must be filed with the
2501 office pursuant to this chapter.
2502 Reviser's note.—Amended to confirm the editorial
2503 substitution of the word “of” for the word “on” to
2504 improve clarity and facilitate correct interpretation.
2505 Section 71. Paragraph (a) of subsection (1) of section
2506 560.143, Florida Statutes, is amended to read:
2507 560.143 Fees.—
2508 (1) LICENSE APPLICATION FEES.—The applicable non-refundable
2509 fees must accompany an application for licensure:
2510 (a) Under Part II...................................$375.
2511 Reviser's note.—Amended to confirm the editorial
2512 deletion of the word “under” to conform to context.
2513 Section 72. Subsection (2) of section 560.209, Florida
2514 Statutes, is amended to read:
2515 560.209 Net worth; corporate surety bond; collateral
2516 deposit in lieu of bond.—
2517 (2) A licensee must obtain an annual financial audit
2518 report, which must be submitted to the office within 120 days
2519 after the end of the licensee's fiscal year end, as disclosed to
2520 the office. If the applicant is a wholly owned subsidiary of
2521 another corporation, the financial audit report on the parent
2522 corporation's financial statements shall satisfy this
2523 requirement.
2524 Reviser's note.—Amended to confirm the editorial
2525 deletion of the word “end” following the word “year”
2526 to improve clarity and facilitate correct
2527 interpretation.
2528 Section 73. Subsection (6) of section 560.404, Florida
2529 Statutes, is amended to read:
2530 560.404 Requirements for deferred presentment
2531 transactions.—
2532 (6) A deferred presentment provider or its affiliate may
2533 not charge fees that exceed 10 percent of the currency or
2534 payment instrument provided. However, a verification fee may be
2535 charged as provided in s. 560.309(8) 560.309(7). The 10-percent
2536 fee may not be applied to the verification fee. A deferred
2537 presentment provider may charge only those fees specifically
2538 authorized in this section.
2539 Reviser's note.—Amended to correct an apparent error
2540 and conform to context. Section 41, ch. 2008-177, Laws
2541 of Florida, redesignated subunits in s. 560.309.
2542 Section 45, ch. 2008-177, amended s. 560.404(6) to
2543 change a reference to s. 560.309(4), which referenced
2544 verification fees, to s. 560.309(7). Verification fees
2545 are now referenced in s. 560.309(8).
2546 Section 74. Subsection (2) of section 560.406, Florida
2547 Statutes, is amended to read:
2548 560.406 Worthless checks.—
2549 (2) If a check is returned to a deferred presentment
2550 provider from a payor financial institution due to insufficient
2551 funds, a closed account, or a stop-payment order, the deferred
2552 presentment provider may pursue all legally available civil
2553 remedies to collect the check, including, but not limited to,
2554 the imposition of all charges imposed on the deferred
2555 presentment provider by the financial institution. In its
2556 collection practices, a deferred presentment provider must
2557 comply with the prohibitions against harassment or abuse, false
2558 or misleading representations, and unfair practices that are
2559 contained in the Fair Debt Collections Practices Act, 15 U.S.C.
2560 ss. 1692d, 1692e, and 1692f. A violation of this act is a
2561 deceptive and unfair trade practice and constitutes a violation
2562 of the Deceptive and Unfair Trade Practices Act under part II of
2563 chapter 501. In addition, a deferred presentment provider must
2564 comply with the applicable provisions of the Consumer Collection
2565 Practices Act under part VI of chapter 559, including s. 559.77.
2566 Reviser's note.—Amended to confirm the editorial
2567 insertion of the word “and” to improve clarity and
2568 facilitate correct interpretation.
2569 Section 75. Subsection (41) of section 570.07, Florida
2570 Statutes, is amended to read:
2571 570.07 Department of Agriculture and Consumer Services;
2572 functions, powers, and duties.—The department shall have and
2573 exercise the following functions, powers, and duties:
2574 (41) Notwithstanding the provisions of s. 287.057(23)
2575 287.057(23)(a) that require all agencies to use the online
2576 procurement system developed by the Department of Management
2577 Services, the department may continue to use its own online
2578 system. However, vendors utilizing such system shall be
2579 prequalified as meeting mandatory requirements and
2580 qualifications and shall remit fees pursuant to s. 287.057(23),
2581 and any rules implementing s. 287.057.
2582 Reviser's note.—Amended to correct a cross-reference.
2583 Section 287.057(23)(a) was split by s. 13, ch. 2008
2584 116, Laws of Florida, to form s. 287.057(23)
2585 introductory paragraph and (23)(a).
2586 Section 76. Paragraph (g) of subsection (2) of section
2587 597.004, Florida Statutes, is amended to read:
2588 597.004 Aquaculture certificate of registration.—
2589 (2) RULES.—
2590 (g) Any alligator producer with an alligator farming
2591 license and permit to establish and operate an alligator farm
2592 shall be issued an aquaculture certificate of registration
2593 pursuant to this section. This chapter does not supersede the
2594 authority under chapter 379 372 to regulate alligator farms and
2595 alligator farmers.
2596 Reviser's note.—Amended to conform to the transfer of
2597 chapter 372 to chapter 379 by ch. 2008-247, Laws of
2598 Florida.
2599 Section 77. Subsection (7), paragraph (a) of subsection
2600 (8), and subsections (9) and (12) of section 597.010, Florida
2601 Statutes, are amended to read:
2602 597.010 Shellfish regulation; leases.—
2603 (7) SURCHARGE FOR IMPROVEMENT OR REHABILITATION.—A
2604 surcharge of $10 per acre, or any fraction of an acre, per annum
2605 shall be levied upon each lease, other than a perpetual lease
2606 granted pursuant to former chapter 370 prior to 1985, and
2607 deposited into the General Inspection Trust Fund. The purpose of
2608 the surcharge is to provide a mechanism to have financial
2609 resources immediately available for improvement of lease areas
2610 and for cleanup and rehabilitation of abandoned or vacated lease
2611 sites. The department is authorized to adopt rules necessary to
2612 carry out the provisions of this subsection.
2613 (a) Moneys in the fund that are not needed currently for
2614 cleanup and rehabilitation of abandoned or vacated lease sites
2615 shall be deposited with the Chief Financial Officer to the
2616 credit of the fund and may be invested in such manner as is
2617 provided for by statute. Interest received on such investment
2618 shall be credited to the fund.
2619 (b) Funds within the General Inspection Trust Fund from
2620 receipts from the surcharge established in this section shall be
2621 disbursed for the following purposes and no others:
2622 1. Administrative expenses, personnel expenses, and
2623 equipment costs of the department related to the improvement of
2624 lease areas, the cleanup and rehabilitation of abandoned or
2625 vacated aquaculture lease sites, and the enforcement of
2626 provisions of this section.
2627 2. All costs involved in the improvement of lease areas and
2628 the cleanup and rehabilitation of abandoned or vacated lease
2629 sites.
2630 3. All costs and damages which are the proximate results of
2631 lease abandonment or vacation.
2632 4. Reward payments made pursuant to s. 597.0045.
2633 The department shall recover to the use of the fund from the
2634 person or persons abandoning or vacating the lease, jointly and
2635 severally, all sums owed or expended from the fund.
2636 (8) CULTIVATION REQUIREMENTS.—
2637 (a) Effective cultivation shall consist of the growing of
2638 the oysters or clams in a density suitable for commercial
2639 harvesting over the amount of bottom prescribed by law. This
2640 commercial density shall be accomplished by the planting of seed
2641 oysters, shell, and cultch of various descriptions. The
2642 department may stipulate in each individual lease contract the
2643 types, shape, depth, size, and height of cultch materials on
2644 lease bottoms according to the individual shape, depth,
2645 location, and type of bottom of the proposed lease. Each lessee
2646 leasing lands under the provisions of this section or s. 253.71
2647 shall begin, within 1 year after the date of such lease, bona
2648 fide cultivation of the same, and shall, by the end of the
2649 second year after the commencement of such lease, have placed
2650 under cultivation at least one-half of the leased area and shall
2651 each year thereafter place in cultivation at least one-fourth of
2652 the leased area until the whole, suitable for bedding of oysters
2653 or clams, shall have been put in cultivation. The cultivation
2654 requirements for perpetuity leases granted pursuant to former
2655 chapter 370 prior to 1985 under previously existing law shall
2656 comply with the conditions stated in the lease agreement, and
2657 the lessee or grantee is authorized to plant the leased or
2658 granted submerged land in both oysters and clams.
2659 (9) LEASES TRANSFERABLE, ETC.—The leases in chapter 253 and
2660 former chapter 370 shall be inheritable and transferable, in
2661 whole or in part, and shall also be subject to mortgage, pledge,
2662 or hypothecation and shall be subject to seizure and sale for
2663 debts as any other property, rights, and credits in this state,
2664 and this provision shall also apply to all buildings,
2665 betterments, and improvements thereon. Leases granted under this
2666 section cannot be transferred, by sale or barter, in whole or in
2667 part, without the written, express approval of the department,
2668 and such a transferee shall pay a $50 transfer fee before
2669 department approval may be given. Leases inherited or
2670 transferred will be valid only upon receipt of the transfer fee
2671 and approval by the department. The department shall keep proper
2672 indexes so that all original leases and all subsequent changes
2673 and transfers can be easily and accurately ascertained.
2674 (12) FRANKLIN COUNTY LEASES.—On and after the effective
2675 date of this section, the only leases available in Franklin
2676 County shall be those issued pursuant to ss. 253.67-253.75;
2677 former chapter 370 leases shall no longer be available. The
2678 department shall require in the lease agreement such
2679 restrictions as it deems necessary to protect the environment,
2680 the existing leaseholders, and public fishery.
2681 Reviser's note.—Amended to confirm the editorial
2682 addition of the word “former” to provide a historical
2683 reference; chapter 370 was transferred to chapter 379
2684 by ch. 2008-247, Laws of Florida.
2685 Section 78. Paragraph (c) of subsection (1) of section
2686 624.4213, Florida Statutes, is amended to read:
2687 624.4213 Trade secret documents.—
2688 (1) If any person who is required to submit documents or
2689 other information to the office or department pursuant to the
2690 insurance code or by rule or order of the office, department, or
2691 commission claims that such submission contains a trade secret,
2692 such person may file with the office or department a notice of
2693 trade secret as provided in this section. Failure to do so
2694 constitutes a waiver of any claim by such person that the
2695 document or information is a trade secret.
2696 (c) In submitting a notice of trade secret to the office or
2697 department, the submitting party must include an affidavit
2698 certifying under oath to the truth of the following statements
2699 concerning all documents or information that are claimed to be
2700 trade secrets:
2701 1. [I consider/My company considers] this information a
2702 trade secret that has value and provides an advantage or an
2703 opportunity to obtain an advantage over those who do not know or
2704 use it.
2705 2. [I have/My company has] taken measures to prevent the
2706 disclosure of the information to anyone other than that those
2707 who have been selected to have access for limited purposes, and
2708 [I intend/my company intends] to continue to take such measures.
2709 3. The information is not, and has not been, reasonably
2710 obtainable without [my/our] consent by other persons by use of
2711 legitimate means.
2712 4. The information is not publicly available elsewhere.
2713 Reviser's note.—Amended to confirm the editorial
2714 substitution of the word “than” for the word “that” to
2715 correct a typographical error.
2716 Section 79. Subsection (2) of section 626.8541, Florida
2717 Statutes, is amended to read:
2718 626.8541 Public adjuster apprentice.—
2719 (2) A public adjuster apprentice must work with a licensed
2720 and appointed public adjuster for a period of 12 months as set
2721 forth in this section, and must otherwise be who otherwise is in
2722 full compliance with this chapter, prior to being eligible for
2723 appointment as a licensed public adjuster.
2724 Reviser's note.—Amended to confirm the editorial
2725 substitution of the words “must otherwise be” for the
2726 words “who otherwise is” to improve clarity and
2727 facilitate correct interpretation.
2728 Section 80. Section 626.8796, Florida Statutes, is amended
2729 to read:
2730 626.8796 Public adjuster contracts; fraud statement.—All
2731 contracts for public adjuster services must be in writing and
2732 must prominently display the following statement on the
2733 contract: “Pursuant to s. 817.234, Florida Statutes, any person
2734 who, with the intent to injure, defraud, or deceive any insurer
2735 or insured, prepares, presents, or causes to be presented a
2736 proof of loss or estimate of cost or repair of damaged property
2737 in support of a claim under an insurance policy knowing that the
2738 proof of loss or estimate of claim or repairs contains any
2739 false, incomplete, or misleading information concerning any fact
2740 or thing material to the claim commits a felony of the third
2741 degree, punishable as provided in s. 775.082, s. 775.083
2742 775.803, or s. 775.084, Florida Statutes.”
2743 Reviser's note.—Amended to confirm the editorial
2744 substitution of a reference to s. 775.083 for a
2745 reference to s. 775.803 to correct an apparent error.
2746 Section 775.803 does not exist; s. 775.083 provides
2747 for punishment for a third degree felony.
2748 Section 81. Section 626.8797, Florida Statutes, is amended
2749 to read:
2750 626.8797 Proof of loss; fraud statement.—All proof of loss
2751 statements must prominently display the following statement:
2752 “Pursuant to s. 817.234, Florida Statutes, any person who, with
2753 the intent to injure, defraud, or deceive any insurer or
2754 insured, prepares, presents, or causes to be presented a proof
2755 of loss or estimate of cost or repair of damaged property in
2756 support of a claim under an insurance policy knowing that the
2757 proof of loss or estimate of claim or repairs contains any
2758 false, incomplete, or misleading information concerning any fact
2759 or thing material to the claim commits a felony of the third
2760 degree, punishable as provided in s. 775.082, s. 775.083
2761 775.803, or s. 775.084, Florida Statutes.”
2762 Reviser's note.—Amended to confirm the editorial
2763 substitution of a reference to s. 775.083 for a
2764 reference to s. 775.803 to correct an apparent error.
2765 Section 775.803 does not exist; s. 775.083 provides
2766 for punishment for a third degree felony.
2767 Section 82. Subsection (2) of section 627.0621, Florida
2768 Statutes, is amended to read:
2769 627.0621 Transparency in rate regulation.—
2770 (2) WEBSITE FOR PUBLIC ACCESS TO RATE FILING INFORMATION.
2771 With respect to any rate filing made on or after July 1, 2008,
2772 the office shall provide the following information on a publicly
2773 accessible Internet website:
2774 (a) The overall rate change requested by the insurer.
2775 (b) All assumptions made by the office's actuaries.
2776 (c) A statement describing any assumptions or methods that
2777 deviate from the actuarial standards of practice of the Casualty
2778 Actuarial Society or the American Academy of Actuaries,
2779 including an explanation of the nature, rationale, and effect of
2780 the deviation.
2781 (d) All recommendations made by any office actuary who
2782 reviewed the rate filing.
2783 (e) Certification by the office's actuary that, based on
2784 the actuary's knowledge, his or her recommendations are
2785 consistent with accepted actuarial principles.
2786 (f) The overall rate change approved by the office.
2787 Reviser's note.—Amended to confirm the editorial
2788 insertion of the word “or” to improve clarity and
2789 facilitate correct interpretation.
2790 Section 83. Paragraph (c) of subsection (1) of section
2791 627.0628, Florida Statutes, is amended to read:
2792 627.0628 Florida Commission on Hurricane Loss Projection
2793 Methodology; public records exemption; public meetings
2794 exemption.—
2795 (1) LEGISLATIVE FINDINGS AND INTENT.—
2796 (c) It is the intent of the Legislature to create the
2797 Florida Commission on Hurricane Loss Projection Methodology as a
2798 panel of experts to provide the most actuarially sophisticated
2799 guidelines and standards for projection of hurricane losses
2800 possible, given the current state of actuarial science. It is
2801 the further intent of the Legislature that such standards and
2802 guidelines must be used by the State Board of Administration in
2803 developing reimbursement premium rates for the Florida Hurricane
2804 Catastrophe Fund, and, subject to paragraph (3)(d) (3)(c), must
2805 be used by insurers in rate filings under s. 627.062 unless the
2806 way in which such standards and guidelines were applied by the
2807 insurer was erroneous, as shown by a preponderance of the
2808 evidence.
2809 Reviser's note.—Amended to conform to the
2810 redesignation of paragraph (3)(c) as paragraph (3)(d)
2811 by s. 11, ch. 2008-66, Laws of Florida.
2812 Section 84. Subsection (2) of section 627.351, Florida
2813 Statutes, is reenacted to read:
2814 627.351 Insurance risk apportionment plans.—
2815 (2) WINDSTORM INSURANCE RISK APPORTIONMENT.—
2816 (a) Agreements may be made among property insurers with
2817 respect to the equitable apportionment among them of insurance
2818 which may be afforded applicants who are in good faith entitled
2819 to, but are unable to procure, such insurance through ordinary
2820 methods; and such insurers may agree among themselves on the use
2821 of reasonable rate modifications for such insurance. Such
2822 agreements and rate modifications shall be subject to the
2823 applicable provisions of this chapter.
2824 (b) The department shall require all insurers holding a
2825 certificate of authority to transact property insurance on a
2826 direct basis in this state, other than joint underwriting
2827 associations and other entities formed pursuant to this section,
2828 to provide windstorm coverage to applicants from areas
2829 determined to be eligible pursuant to paragraph (c) who in good
2830 faith are entitled to, but are unable to procure, such coverage
2831 through ordinary means; or it shall adopt a reasonable plan or
2832 plans for the equitable apportionment or sharing among such
2833 insurers of windstorm coverage, which may include formation of
2834 an association for this purpose. As used in this subsection, the
2835 term “property insurance” means insurance on real or personal
2836 property, as defined in s. 624.604, including insurance for
2837 fire, industrial fire, allied lines, farmowners multiperil,
2838 homeowners' multiperil, commercial multiperil, and mobile homes,
2839 and including liability coverages on all such insurance, but
2840 excluding inland marine as defined in s. 624.607(3) and
2841 excluding vehicle insurance as defined in s. 624.605(1)(a) other
2842 than insurance on mobile homes used as permanent dwellings. The
2843 department shall adopt rules that provide a formula for the
2844 recovery and repayment of any deferred assessments.
2845 1. For the purpose of this section, properties eligible for
2846 such windstorm coverage are defined as dwellings, buildings, and
2847 other structures, including mobile homes which are used as
2848 dwellings and which are tied down in compliance with mobile home
2849 tie-down requirements prescribed by the Department of Highway
2850 Safety and Motor Vehicles pursuant to s. 320.8325, and the
2851 contents of all such properties. An applicant or policyholder is
2852 eligible for coverage only if an offer of coverage cannot be
2853 obtained by or for the applicant or policyholder from an
2854 admitted insurer at approved rates.
2855 2.a.
2856 (I) All insurers required to be members of such association
2857 shall participate in its writings, expenses, and losses. Surplus
2858 of the association shall be retained for the payment of claims
2859 and shall not be distributed to the member insurers. Such
2860 participation by member insurers shall be in the proportion that
2861 the net direct premiums of each member insurer written for
2862 property insurance in this state during the preceding calendar
2863 year bear to the aggregate net direct premiums for property
2864 insurance of all member insurers, as reduced by any credits for
2865 voluntary writings, in this state during the preceding calendar
2866 year. For the purposes of this subsection, the term “net direct
2867 premiums” means direct written premiums for property insurance,
2868 reduced by premium for liability coverage and for the following
2869 if included in allied lines: rain and hail on growing crops;
2870 livestock; association direct premiums booked; National Flood
2871 Insurance Program direct premiums; and similar deductions
2872 specifically authorized by the plan of operation and approved by
2873 the department. A member's participation shall begin on the
2874 first day of the calendar year following the year in which it is
2875 issued a certificate of authority to transact property insurance
2876 in the state and shall terminate 1 year after the end of the
2877 calendar year during which it no longer holds a certificate of
2878 authority to transact property insurance in the state. The
2879 commissioner, after review of annual statements, other reports,
2880 and any other statistics that the commissioner deems necessary,
2881 shall certify to the association the aggregate direct premiums
2882 written for property insurance in this state by all member
2883 insurers.
2884 (II) Effective July 1, 2002, the association shall operate
2885 subject to the supervision and approval of a board of governors
2886 who are the same individuals that have been appointed by the
2887 Treasurer to serve on the board of governors of the Citizens
2888 Property Insurance Corporation.
2889 (III) The plan of operation shall provide a formula whereby
2890 a company voluntarily providing windstorm coverage in affected
2891 areas will be relieved wholly or partially from apportionment of
2892 a regular assessment pursuant to sub-sub-subparagraph d.(I) or
2893 sub-sub-subparagraph d.(II).
2894 (IV) A company which is a member of a group of companies
2895 under common management may elect to have its credits applied on
2896 a group basis, and any company or group may elect to have its
2897 credits applied to any other company or group.
2898 (V) There shall be no credits or relief from apportionment
2899 to a company for emergency assessments collected from its
2900 policyholders under sub-sub-subparagraph d.(III).
2901 (VI) The plan of operation may also provide for the award
2902 of credits, for a period not to exceed 3 years, from a regular
2903 assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub
2904 subparagraph d.(II) as an incentive for taking policies out of
2905 the Residential Property and Casualty Joint Underwriting
2906 Association. In order to qualify for the exemption under this
2907 sub-sub-subparagraph, the take-out plan must provide that at
2908 least 40 percent of the policies removed from the Residential
2909 Property and Casualty Joint Underwriting Association cover risks
2910 located in Miami-Dade, Broward, and Palm Beach Counties or at
2911 least 30 percent of the policies so removed cover risks located
2912 in Miami-Dade, Broward, and Palm Beach Counties and an
2913 additional 50 percent of the policies so removed cover risks
2914 located in other coastal counties, and must also provide that no
2915 more than 15 percent of the policies so removed may exclude
2916 windstorm coverage. With the approval of the department, the
2917 association may waive these geographic criteria for a take-out
2918 plan that removes at least the lesser of 100,000 Residential
2919 Property and Casualty Joint Underwriting Association policies or
2920 15 percent of the total number of Residential Property and
2921 Casualty Joint Underwriting Association policies, provided the
2922 governing board of the Residential Property and Casualty Joint
2923 Underwriting Association certifies that the take-out plan will
2924 materially reduce the Residential Property and Casualty Joint
2925 Underwriting Association's 100-year probable maximum loss from
2926 hurricanes. With the approval of the department, the board may
2927 extend such credits for an additional year if the insurer
2928 guarantees an additional year of renewability for all policies
2929 removed from the Residential Property and Casualty Joint
2930 Underwriting Association, or for 2 additional years if the
2931 insurer guarantees 2 additional years of renewability for all
2932 policies removed from the Residential Property and Casualty
2933 Joint Underwriting Association.
2934 b. Assessments to pay deficits in the association under
2935 this subparagraph shall be included as an appropriate factor in
2936 the making of rates as provided in s. 627.3512.
2937 c. The Legislature finds that the potential for unlimited
2938 deficit assessments under this subparagraph may induce insurers
2939 to attempt to reduce their writings in the voluntary market, and
2940 that such actions would worsen the availability problems that
2941 the association was created to remedy. It is the intent of the
2942 Legislature that insurers remain fully responsible for paying
2943 regular assessments and collecting emergency assessments for any
2944 deficits of the association; however, it is also the intent of
2945 the Legislature to provide a means by which assessment
2946 liabilities may be amortized over a period of years.
2947 d.
2948 (I) When the deficit incurred in a particular calendar year
2949 is 10 percent or less of the aggregate statewide direct written
2950 premium for property insurance for the prior calendar year for
2951 all member insurers, the association shall levy an assessment on
2952 member insurers in an amount equal to the deficit.
2953 (II) When the deficit incurred in a particular calendar
2954 year exceeds 10 percent of the aggregate statewide direct
2955 written premium for property insurance for the prior calendar
2956 year for all member insurers, the association shall levy an
2957 assessment on member insurers in an amount equal to the greater
2958 of 10 percent of the deficit or 10 percent of the aggregate
2959 statewide direct written premium for property insurance for the
2960 prior calendar year for member insurers. Any remaining deficit
2961 shall be recovered through emergency assessments under sub-sub
2962 subparagraph (III).
2963 (III) Upon a determination by the board of directors that a
2964 deficit exceeds the amount that will be recovered through
2965 regular assessments on member insurers, pursuant to sub-sub
2966 subparagraph (I) or sub-sub-subparagraph (II), the board shall
2967 levy, after verification by the department, emergency
2968 assessments to be collected by member insurers and by
2969 underwriting associations created pursuant to this section which
2970 write property insurance, upon issuance or renewal of property
2971 insurance policies other than National Flood Insurance policies
2972 in the year or years following levy of the regular assessments.
2973 The amount of the emergency assessment collected in a particular
2974 year shall be a uniform percentage of that year's direct written
2975 premium for property insurance for all member insurers and
2976 underwriting associations, excluding National Flood Insurance
2977 policy premiums, as annually determined by the board and
2978 verified by the department. The department shall verify the
2979 arithmetic calculations involved in the board's determination
2980 within 30 days after receipt of the information on which the
2981 determination was based. Notwithstanding any other provision of
2982 law, each member insurer and each underwriting association
2983 created pursuant to this section shall collect emergency
2984 assessments from its policyholders without such obligation being
2985 affected by any credit, limitation, exemption, or deferment. The
2986 emergency assessments so collected shall be transferred directly
2987 to the association on a periodic basis as determined by the
2988 association. The aggregate amount of emergency assessments
2989 levied under this sub-sub-subparagraph in any calendar year may
2990 not exceed the greater of 10 percent of the amount needed to
2991 cover the original deficit, plus interest, fees, commissions,
2992 required reserves, and other costs associated with financing of
2993 the original deficit, or 10 percent of the aggregate statewide
2994 direct written premium for property insurance written by member
2995 insurers and underwriting associations for the prior year, plus
2996 interest, fees, commissions, required reserves, and other costs
2997 associated with financing the original deficit. The board may
2998 pledge the proceeds of the emergency assessments under this sub
2999 sub-subparagraph as the source of revenue for bonds, to retire
3000 any other debt incurred as a result of the deficit or events
3001 giving rise to the deficit, or in any other way that the board
3002 determines will efficiently recover the deficit. The emergency
3003 assessments under this sub-sub-subparagraph shall continue as
3004 long as any bonds issued or other indebtedness incurred with
3005 respect to a deficit for which the assessment was imposed remain
3006 outstanding, unless adequate provision has been made for the
3007 payment of such bonds or other indebtedness pursuant to the
3008 document governing such bonds or other indebtedness. Emergency
3009 assessments collected under this sub-sub-subparagraph are not
3010 part of an insurer's rates, are not premium, and are not subject
3011 to premium tax, fees, or commissions; however, failure to pay
3012 the emergency assessment shall be treated as failure to pay
3013 premium.
3014 (IV) Each member insurer's share of the total regular
3015 assessments under sub-sub-subparagraph (I) or sub-sub
3016 subparagraph (II) shall be in the proportion that the insurer's
3017 net direct premium for property insurance in this state, for the
3018 year preceding the assessment bears to the aggregate statewide
3019 net direct premium for property insurance of all member
3020 insurers, as reduced by any credits for voluntary writings for
3021 that year.
3022 (V) If regular deficit assessments are made under sub-sub
3023 subparagraph (I) or sub-sub-subparagraph (II), or by the
3024 Residential Property and Casualty Joint Underwriting Association
3025 under sub-subparagraph (6)(b)3.a. or sub-subparagraph
3026 (6)(b)3.b., the association shall levy upon the association's
3027 policyholders, as part of its next rate filing, or by a separate
3028 rate filing solely for this purpose, a market equalization
3029 surcharge in a percentage equal to the total amount of such
3030 regular assessments divided by the aggregate statewide direct
3031 written premium for property insurance for member insurers for
3032 the prior calendar year. Market equalization surcharges under
3033 this sub-sub-subparagraph are not considered premium and are not
3034 subject to commissions, fees, or premium taxes; however, failure
3035 to pay a market equalization surcharge shall be treated as
3036 failure to pay premium.
3037 e. The governing body of any unit of local government, any
3038 residents of which are insured under the plan, may issue bonds
3039 as defined in s. 125.013 or s. 166.101 to fund an assistance
3040 program, in conjunction with the association, for the purpose of
3041 defraying deficits of the association. In order to avoid
3042 needless and indiscriminate proliferation, duplication, and
3043 fragmentation of such assistance programs, any unit of local
3044 government, any residents of which are insured by the
3045 association, may provide for the payment of losses, regardless
3046 of whether or not the losses occurred within or outside of the
3047 territorial jurisdiction of the local government. Revenue bonds
3048 may not be issued until validated pursuant to chapter 75, unless
3049 a state of emergency is declared by executive order or
3050 proclamation of the Governor pursuant to s. 252.36 making such
3051 findings as are necessary to determine that it is in the best
3052 interests of, and necessary for, the protection of the public
3053 health, safety, and general welfare of residents of this state
3054 and the protection and preservation of the economic stability of
3055 insurers operating in this state, and declaring it an essential
3056 public purpose to permit certain municipalities or counties to
3057 issue bonds as will provide relief to claimants and
3058 policyholders of the association and insurers responsible for
3059 apportionment of plan losses. Any such unit of local government
3060 may enter into such contracts with the association and with any
3061 other entity created pursuant to this subsection as are
3062 necessary to carry out this paragraph. Any bonds issued under
3063 this sub-subparagraph shall be payable from and secured by
3064 moneys received by the association from assessments under this
3065 subparagraph, and assigned and pledged to or on behalf of the
3066 unit of local government for the benefit of the holders of such
3067 bonds. The funds, credit, property, and taxing power of the
3068 state or of the unit of local government shall not be pledged
3069 for the payment of such bonds. If any of the bonds remain unsold
3070 60 days after issuance, the department shall require all
3071 insurers subject to assessment to purchase the bonds, which
3072 shall be treated as admitted assets; each insurer shall be
3073 required to purchase that percentage of the unsold portion of
3074 the bond issue that equals the insurer's relative share of
3075 assessment liability under this subsection. An insurer shall not
3076 be required to purchase the bonds to the extent that the
3077 department determines that the purchase would endanger or impair
3078 the solvency of the insurer. The authority granted by this sub
3079 subparagraph is additional to any bonding authority granted by
3080 subparagraph 6.
3081 3. The plan shall also provide that any member with a
3082 surplus as to policyholders of $20 million or less writing 25
3083 percent or more of its total countrywide property insurance
3084 premiums in this state may petition the department, within the
3085 first 90 days of each calendar year, to qualify as a limited
3086 apportionment company. The apportionment of such a member
3087 company in any calendar year for which it is qualified shall not
3088 exceed its gross participation, which shall not be affected by
3089 the formula for voluntary writings. In no event shall a limited
3090 apportionment company be required to participate in any
3091 apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
3092 or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
3093 $50 million after payment of available plan funds in any
3094 calendar year. However, a limited apportionment company shall
3095 collect from its policyholders any emergency assessment imposed
3096 under sub-sub-subparagraph 2.d.(III). The plan shall provide
3097 that, if the department determines that any regular assessment
3098 will result in an impairment of the surplus of a limited
3099 apportionment company, the department may direct that all or
3100 part of such assessment be deferred. However, there shall be no
3101 limitation or deferment of an emergency assessment to be
3102 collected from policyholders under sub-sub-subparagraph
3103 2.d.(III).
3104 4. The plan shall provide for the deferment, in whole or in
3105 part, of a regular assessment of a member insurer under sub-sub
3106 subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but not
3107 for an emergency assessment collected from policyholders under
3108 sub-sub-subparagraph 2.d.(III), if, in the opinion of the
3109 commissioner, payment of such regular assessment would endanger
3110 or impair the solvency of the member insurer. In the event a
3111 regular assessment against a member insurer is deferred in whole
3112 or in part, the amount by which such assessment is deferred may
3113 be assessed against the other member insurers in a manner
3114 consistent with the basis for assessments set forth in sub-sub
3115 subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
3116 5.a. The plan of operation may include deductibles and
3117 rules for classification of risks and rate modifications
3118 consistent with the objective of providing and maintaining funds
3119 sufficient to pay catastrophe losses.
3120 b. It is the intent of the Legislature that the rates for
3121 coverage provided by the association be actuarially sound and
3122 not competitive with approved rates charged in the admitted
3123 voluntary market such that the association functions as a
3124 residual market mechanism to provide insurance only when the
3125 insurance cannot be procured in the voluntary market. The plan
3126 of operation shall provide a mechanism to assure that, beginning
3127 no later than January 1, 1999, the rates charged by the
3128 association for each line of business are reflective of approved
3129 rates in the voluntary market for hurricane coverage for each
3130 line of business in the various areas eligible for association
3131 coverage.
3132 c. The association shall provide for windstorm coverage on
3133 residential properties in limits up to $10 million for
3134 commercial lines residential risks and up to $1 million for
3135 personal lines residential risks. If coverage with the
3136 association is sought for a residential risk valued in excess of
3137 these limits, coverage shall be available to the risk up to the
3138 replacement cost or actual cash value of the property, at the
3139 option of the insured, if coverage for the risk cannot be
3140 located in the authorized market. The association must accept a
3141 commercial lines residential risk with limits above $10 million
3142 or a personal lines residential risk with limits above $1
3143 million if coverage is not available in the authorized market.
3144 The association may write coverage above the limits specified in
3145 this subparagraph with or without facultative or other
3146 reinsurance coverage, as the association determines appropriate.
3147 d. The plan of operation must provide objective criteria
3148 and procedures, approved by the department, to be uniformly
3149 applied for all applicants in determining whether an individual
3150 risk is so hazardous as to be uninsurable. In making this
3151 determination and in establishing the criteria and procedures,
3152 the following shall be considered:
3153 (I) Whether the likelihood of a loss for the individual
3154 risk is substantially higher than for other risks of the same
3155 class; and
3156 (II) Whether the uncertainty associated with the individual
3157 risk is such that an appropriate premium cannot be determined.
3158 The acceptance or rejection of a risk by the association
3159 pursuant to such criteria and procedures must be construed as
3160 the private placement of insurance, and the provisions of
3161 chapter 120 do not apply.
3162 e. If the risk accepts an offer of coverage through the
3163 market assistance program or through a mechanism established by
3164 the association, either before the policy is issued by the
3165 association or during the first 30 days of coverage by the
3166 association, and the producing agent who submitted the
3167 application to the association is not currently appointed by the
3168 insurer, the insurer shall:
3169 (I) Pay to the producing agent of record of the policy, for
3170 the first year, an amount that is the greater of the insurer's
3171 usual and customary commission for the type of policy written or
3172 a fee equal to the usual and customary commission of the
3173 association; or
3174 (II) Offer to allow the producing agent of record of the
3175 policy to continue servicing the policy for a period of not less
3176 than 1 year and offer to pay the agent the greater of the
3177 insurer's or the association's usual and customary commission
3178 for the type of policy written.
3179 If the producing agent is unwilling or unable to accept
3180 appointment, the new insurer shall pay the agent in accordance
3181 with sub-sub-subparagraph (I). Subject to the provisions of s.
3182 627.3517, the policies issued by the association must provide
3183 that if the association obtains an offer from an authorized
3184 insurer to cover the risk at its approved rates under either a
3185 standard policy including wind coverage or, if consistent with
3186 the insurer's underwriting rules as filed with the department, a
3187 basic policy including wind coverage, the risk is no longer
3188 eligible for coverage through the association. Upon termination
3189 of eligibility, the association shall provide written notice to
3190 the policyholder and agent of record stating that the
3191 association policy must be canceled as of 60 days after the date
3192 of the notice because of the offer of coverage from an
3193 authorized insurer. Other provisions of the insurance code
3194 relating to cancellation and notice of cancellation do not apply
3195 to actions under this sub-subparagraph.
3196 f. When the association enters into a contractual agreement
3197 for a take-out plan, the producing agent of record of the
3198 association policy is entitled to retain any unearned commission
3199 on the policy, and the insurer shall:
3200 (I) Pay to the producing agent of record of the association
3201 policy, for the first year, an amount that is the greater of the
3202 insurer's usual and customary commission for the type of policy
3203 written or a fee equal to the usual and customary commission of
3204 the association; or
3205 (II) Offer to allow the producing agent of record of the
3206 association policy to continue servicing the policy for a period
3207 of not less than 1 year and offer to pay the agent the greater
3208 of the insurer's or the association's usual and customary
3209 commission for the type of policy written.
3210 If the producing agent is unwilling or unable to accept
3211 appointment, the new insurer shall pay the agent in accordance
3212 with sub-sub-subparagraph (I).
3213 6.a. The plan of operation may authorize the formation of a
3214 private nonprofit corporation, a private nonprofit
3215 unincorporated association, a partnership, a trust, a limited
3216 liability company, or a nonprofit mutual company which may be
3217 empowered, among other things, to borrow money by issuing bonds
3218 or by incurring other indebtedness and to accumulate reserves or
3219 funds to be used for the payment of insured catastrophe losses.
3220 The plan may authorize all actions necessary to facilitate the
3221 issuance of bonds, including the pledging of assessments or
3222 other revenues.
3223 b. Any entity created under this subsection, or any entity
3224 formed for the purposes of this subsection, may sue and be sued,
3225 may borrow money; issue bonds, notes, or debt instruments;
3226 pledge or sell assessments, market equalization surcharges and
3227 other surcharges, rights, premiums, contractual rights,
3228 projected recoveries from the Florida Hurricane Catastrophe
3229 Fund, other reinsurance recoverables, and other assets as
3230 security for such bonds, notes, or debt instruments; enter into
3231 any contracts or agreements necessary or proper to accomplish
3232 such borrowings; and take other actions necessary to carry out
3233 the purposes of this subsection. The association may issue bonds
3234 or incur other indebtedness, or have bonds issued on its behalf
3235 by a unit of local government pursuant to subparagraph (6)(p)2.,
3236 in the absence of a hurricane or other weather-related event,
3237 upon a determination by the association subject to approval by
3238 the department that such action would enable it to efficiently
3239 meet the financial obligations of the association and that such
3240 financings are reasonably necessary to effectuate the
3241 requirements of this subsection. Any such entity may accumulate
3242 reserves and retain surpluses as of the end of any association
3243 year to provide for the payment of losses incurred by the
3244 association during that year or any future year. The association
3245 shall incorporate and continue the plan of operation and
3246 articles of agreement in effect on the effective date of chapter
3247 76-96, Laws of Florida, to the extent that it is not
3248 inconsistent with chapter 76-96, and as subsequently modified
3249 consistent with chapter 76-96. The board of directors and
3250 officers currently serving shall continue to serve until their
3251 successors are duly qualified as provided under the plan. The
3252 assets and obligations of the plan in effect immediately prior
3253 to the effective date of chapter 76-96 shall be construed to be
3254 the assets and obligations of the successor plan created herein.
3255 c. In recognition of s. 10, Art. I of the State
3256 Constitution, prohibiting the impairment of obligations of
3257 contracts, it is the intent of the Legislature that no action be
3258 taken whose purpose is to impair any bond indenture or financing
3259 agreement or any revenue source committed by contract to such
3260 bond or other indebtedness issued or incurred by the association
3261 or any other entity created under this subsection.
3262 7. On such coverage, an agent's remuneration shall be that
3263 amount of money payable to the agent by the terms of his or her
3264 contract with the company with which the business is placed.
3265 However, no commission will be paid on that portion of the
3266 premium which is in excess of the standard premium of that
3267 company.
3268 8. Subject to approval by the department, the association
3269 may establish different eligibility requirements and operational
3270 procedures for any line or type of coverage for any specified
3271 eligible area or portion of an eligible area if the board
3272 determines that such changes to the eligibility requirements and
3273 operational procedures are justified due to the voluntary market
3274 being sufficiently stable and competitive in such area or for
3275 such line or type of coverage and that consumers who, in good
3276 faith, are unable to obtain insurance through the voluntary
3277 market through ordinary methods would continue to have access to
3278 coverage from the association. When coverage is sought in
3279 connection with a real property transfer, such requirements and
3280 procedures shall not provide for an effective date of coverage
3281 later than the date of the closing of the transfer as
3282 established by the transferor, the transferee, and, if
3283 applicable, the lender.
3284 9. Notwithstanding any other provision of law:
3285 a. The pledge or sale of, the lien upon, and the security
3286 interest in any rights, revenues, or other assets of the
3287 association created or purported to be created pursuant to any
3288 financing documents to secure any bonds or other indebtedness of
3289 the association shall be and remain valid and enforceable,
3290 notwithstanding the commencement of and during the continuation
3291 of, and after, any rehabilitation, insolvency, liquidation,
3292 bankruptcy, receivership, conservatorship, reorganization, or
3293 similar proceeding against the association under the laws of
3294 this state or any other applicable laws.
3295 b. No such proceeding shall relieve the association of its
3296 obligation, or otherwise affect its ability to perform its
3297 obligation, to continue to collect, or levy and collect,
3298 assessments, market equalization or other surcharges, projected
3299 recoveries from the Florida Hurricane Catastrophe Fund,
3300 reinsurance recoverables, or any other rights, revenues, or
3301 other assets of the association pledged.
3302 c. Each such pledge or sale of, lien upon, and security
3303 interest in, including the priority of such pledge, lien, or
3304 security interest, any such assessments, emergency assessments,
3305 market equalization or renewal surcharges, projected recoveries
3306 from the Florida Hurricane Catastrophe Fund, reinsurance
3307 recoverables, or other rights, revenues, or other assets which
3308 are collected, or levied and collected, after the commencement
3309 of and during the pendency of or after any such proceeding shall
3310 continue unaffected by such proceeding.
3311 d. As used in this subsection, the term “financing
3312 documents” means any agreement, instrument, or other document
3313 now existing or hereafter created evidencing any bonds or other
3314 indebtedness of the association or pursuant to which any such
3315 bonds or other indebtedness has been or may be issued and
3316 pursuant to which any rights, revenues, or other assets of the
3317 association are pledged or sold to secure the repayment of such
3318 bonds or indebtedness, together with the payment of interest on
3319 such bonds or such indebtedness, or the payment of any other
3320 obligation of the association related to such bonds or
3321 indebtedness.
3322 e. Any such pledge or sale of assessments, revenues,
3323 contract rights or other rights or assets of the association
3324 shall constitute a lien and security interest, or sale, as the
3325 case may be, that is immediately effective and attaches to such
3326 assessments, revenues, contract, or other rights or assets,
3327 whether or not imposed or collected at the time the pledge or
3328 sale is made. Any such pledge or sale is effective, valid,
3329 binding, and enforceable against the association or other entity
3330 making such pledge or sale, and valid and binding against and
3331 superior to any competing claims or obligations owed to any
3332 other person or entity, including policyholders in this state,
3333 asserting rights in any such assessments, revenues, contract, or
3334 other rights or assets to the extent set forth in and in
3335 accordance with the terms of the pledge or sale contained in the
3336 applicable financing documents, whether or not any such person
3337 or entity has notice of such pledge or sale and without the need
3338 for any physical delivery, recordation, filing, or other action.
3339 f. There shall be no liability on the part of, and no cause
3340 of action of any nature shall arise against, any member insurer
3341 or its agents or employees, agents or employees of the
3342 association, members of the board of directors of the
3343 association, or the department or its representatives, for any
3344 action taken by them in the performance of their duties or
3345 responsibilities under this subsection. Such immunity does not
3346 apply to actions for breach of any contract or agreement
3347 pertaining to insurance, or any willful tort.
3348 (c) The provisions of paragraph (b) are applicable only
3349 with respect to:
3350 1. Those areas that were eligible for coverage under this
3351 subsection on April 9, 1993; or
3352 2. Any county or area as to which the department, after
3353 public hearing, finds that the following criteria exist:
3354 a. Due to the lack of windstorm insurance coverage in the
3355 county or area so affected, economic growth and development is
3356 being deterred or otherwise stifled in such county or area,
3357 mortgages are in default, and financial institutions are unable
3358 to make loans;
3359 b. The county or area so affected is enforcing the
3360 structural requirements of the Florida Building Code, as defined
3361 in s. 553.73, for new construction and has included adequate
3362 minimum floor elevation requirements for structures in areas
3363 subject to inundation; and
3364 c. Extending windstorm insurance coverage to such county or
3365 area is consistent with and will implement and further the
3366 policies and objectives set forth in applicable state laws,
3367 rules, and regulations governing coastal management, coastal
3368 construction, comprehensive planning, beach and shore
3369 preservation, barrier island preservation, coastal zone
3370 protection, and the Coastal Zone Protection Act of 1985.
3371 The department shall consider reports of the Florida Building
3372 Commission when evaluating building code enforcement. Any time
3373 after the department has determined that the criteria referred
3374 to in this subparagraph do not exist with respect to any county
3375 or area of the state, it may, after a subsequent public hearing,
3376 declare that such county or area is no longer eligible for
3377 windstorm coverage through the plan.
3378 (d) For the purpose of evaluating whether the criteria of
3379 paragraph (c) are met, such criteria shall be applied as the
3380 situation would exist if policies had not been written by the
3381 Florida Residential Property and Casualty Joint Underwriting
3382 Association and property insurance for such policyholders was
3383 not available.
3384 (e)1. Notwithstanding the provisions of subparagraph (c)2.
3385 or paragraph (d), eligibility shall not be extended to any area
3386 that was not eligible on March 1, 1997, except that the
3387 department may act with respect to any petition on which a
3388 hearing was held prior to May 9, 1997.
3389 2. Notwithstanding the provisions of subparagraph 1., the
3390 following area is eligible for coverage under this subsection
3391 effective July 1, 2002: the area within Port Canaveral which is
3392 bordered on the south by the City of Cape Canaveral, bordered on
3393 the west by the Banana River, and bordered on the north by
3394 United States Government property.
3395 (f) As used in this subsection, the term “department” means
3396 the former Department of Insurance.
3397 Reviser's note.—Section 13, ch. 2008-66, Laws of
3398 Florida, amended subsection (2) without publishing
3399 paragraphs (a) and (c)-(f). Absent affirmative
3400 evidence of legislative intent to repeal the omitted
3401 paragraphs, subsection (2) is reenacted to confirm the
3402 omission was not intended.
3403 Section 85. Section 627.35193, Florida Statutes, is amended
3404 to read:
3405 627.35193 Consumer reporting agency request for claims data
3406 from Citizens Property Insurance Corporation.—Upon the request
3407 of a consumer reporting agency, as defined by the federal Fair
3408 Credit Reporting Act, 15 U.S.C. ss. 1681 et seq., which consumer
3409 reporting agency is in on compliance with the confidentiality
3410 requirements of such act, the Citizens Property Insurance
3411 Corporation shall electronically report claims data and
3412 histories to such consumer reporting agency which maintains a
3413 database of similar data for use in connection with the
3414 underwriting of insurance involving a consumer.
3415 Reviser's note.—Amended to confirm the editorial
3416 substitution of the word “in” for the word “on” to
3417 correct a typographical error.
3418 Section 86. Paragraph (a) of subsection (5) of section
3419 627.736, Florida Statutes, is amended to read:
3420 627.736 Required personal injury protection benefits;
3421 exclusions; priority; claims.—
3422 (5) CHARGES FOR TREATMENT OF INJURED PERSONS.—
3423 (a)1. Any physician, hospital, clinic, or other person or
3424 institution lawfully rendering treatment to an injured person
3425 for a bodily injury covered by personal injury protection
3426 insurance may charge the insurer and injured party only a
3427 reasonable amount pursuant to this section for the services and
3428 supplies rendered, and the insurer providing such coverage may
3429 pay for such charges directly to such person or institution
3430 lawfully rendering such treatment, if the insured receiving such
3431 treatment or his or her guardian has countersigned the properly
3432 completed invoice, bill, or claim form approved by the office
3433 upon which such charges are to be paid for as having actually
3434 been rendered, to the best knowledge of the insured or his or
3435 her guardian. In no event, however, may such a charge be in
3436 excess of the amount the person or institution customarily
3437 charges for like services or supplies. With respect to a
3438 determination of whether a charge for a particular service,
3439 treatment, or otherwise is reasonable, consideration may be
3440 given to evidence of usual and customary charges and payments
3441 accepted by the provider involved in the dispute, and
3442 reimbursement levels in the community and various federal and
3443 state medical fee schedules applicable to automobile and other
3444 insurance coverages, and other information relevant to the
3445 reasonableness of the reimbursement for the service, treatment,
3446 or supply.
3447 2. The insurer may limit reimbursement to 80 percent of the
3448 following schedule of maximum charges:
3449 a. For emergency transport and treatment by providers
3450 licensed under chapter 401, 200 percent of Medicare.
3451 b. For emergency services and care provided by a hospital
3452 licensed under chapter 395, 75 percent of the hospital's usual
3453 and customary charges.
3454 c. For emergency services and care as defined by s.
3455 395.002(9) provided in a facility licensed under chapter 395
3456 rendered by a physician or dentist, and related hospital
3457 inpatient services rendered by a physician or dentist, the usual
3458 and customary charges in the community.
3459 d. For hospital inpatient services, other than emergency
3460 services and care, 200 percent of the Medicare Part A
3461 prospective payment applicable to the specific hospital
3462 providing the inpatient services.
3463 e. For hospital outpatient services, other than emergency
3464 services and care, 200 percent of the Medicare Part A Ambulatory
3465 Payment Classification for the specific hospital providing the
3466 outpatient services.
3467 f. For all other medical services, supplies, and care, 200
3468 percent of the allowable amount under the participating
3469 physicians schedule of Medicare Part B. However, if such
3470 services, supplies, or care is not reimbursable under Medicare
3471 Part B, the insurer may limit reimbursement to 80 percent of the
3472 maximum reimbursable allowance under workers' compensation, as
3473 determined under s. 440.13 and rules adopted thereunder which
3474 are in effect at the time such services, supplies, or care is
3475 provided. Services, supplies, or care that is not reimbursable
3476 under Medicare or workers' compensation is not required to be
3477 reimbursed by the insurer.
3478 3. For purposes of subparagraph 2., the applicable fee
3479 schedule or payment limitation under Medicare is the fee
3480 schedule or payment limitation in effect at the time the
3481 services, supplies, or care was rendered and for the area in
3482 which such services were rendered, except that it may not be
3483 less than the allowable amount under the participating
3484 physicians schedule of Medicare Part B for 2007 for medical
3485 services, supplies, and care subject to Medicare Part B.
3486 4. Subparagraph 2. does not allow the insurer to apply any
3487 limitation on the number of treatments or other utilization
3488 limits that apply under Medicare or workers' compensation. An
3489 insurer that applies the allowable payment limitations of
3490 subparagraph 2. must reimburse a provider who lawfully provided
3491 care or treatment under the scope of his or her license,
3492 regardless of whether such provider would be entitled to
3493 reimbursement under Medicare due to restrictions or limitations
3494 on the types or discipline of health care providers who may be
3495 reimbursed for particular procedures or procedure codes.
3496 5. If an insurer limits payment as authorized by
3497 subparagraph 2., the person providing such services, supplies,
3498 or care may not bill or attempt to collect from the insured any
3499 amount in excess of such limits, except for amounts that are not
3500 covered by the insured's personal injury protection coverage due
3501 to the coinsurance amount or maximum policy limits.
3502 Reviser's note.—Amended to confirm the editorial
3503 insertion of the word “of” to improve clarity and
3504 facilitate correct interpretation.
3505 Section 87. Paragraph (j) of subsection (11) of section
3506 718.111, Florida Statutes, is amended to read:
3507 718.111 The association.—
3508 (11) INSURANCE.—In order to protect the safety, health, and
3509 welfare of the people of the State of Florida and to ensure
3510 consistency in the provision of insurance coverage to
3511 condominiums and their unit owners, this subsection applies to
3512 every residential condominium in the state, regardless of the
3513 date of its declaration of condominium. It is the intent of the
3514 Legislature to encourage lower or stable insurance premiums for
3515 associations described in this subsection.
3516 (j) Any portion of the condominium property required to be
3517 insured by the association against casualty loss pursuant to
3518 paragraph (f) which is damaged by casualty shall be
3519 reconstructed, repaired, or replaced as necessary by the
3520 association as a common expense. All hazard insurance
3521 deductibles, uninsured losses, and other damages in excess of
3522 hazard insurance coverage under the hazard insurance policies
3523 maintained by the association are a common expense of the
3524 condominium, except that:
3525 1. A unit owner is responsible for the costs of repair or
3526 replacement of any portion of the condominium property not paid
3527 by insurance proceeds, if such damage is caused by intentional
3528 conduct, negligence, or failure to comply with the terms of the
3529 declaration or the rules of the association by a unit owner, the
3530 members of his or her family, unit occupants, tenants, guests,
3531 or invitees, without compromise of the subrogation rights of any
3532 insurer as set forth in paragraph (g).
3533 2. The provisions of subparagraph 1. regarding the
3534 financial responsibility of a unit owner for the costs of
3535 repairing or replacing other portions of the condominium
3536 property also apply to the costs of repair or replacement of
3537 personal property of other unit owners or the association, as
3538 well as other property, whether real or personal, which the unit
3539 owners are required to insure under paragraph (g).
3540 3. To the extent the cost of repair or reconstruction for
3541 which the unit owner is responsible under this paragraph is
3542 reimbursed to the association by insurance proceeds, and, to the
3543 extent the association has collected the cost of such repair or
3544 reconstruction from the unit owner, the association shall
3545 reimburse the unit owner without the waiver of any rights of
3546 subrogation.
3547 4. The association is not obligated to pay for repair or
3548 reconstruction or repairs of casualty losses as a common expense
3549 if the casualty losses were known or should have been known to a
3550 unit owner and were not reported to the association until after
3551 the insurance claim of the association for that casualty was
3552 settled or resolved with finality, or denied on the basis that
3553 it was untimely filed.
3554 Reviser's note.—Amended to improve clarity and correct
3555 sentence construction.
3556 Section 88. Paragraph (o) of subsection (2) of section
3557 718.112, Florida Statutes, is amended to read:
3558 718.112 Bylaws.—
3559 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
3560 following and, if they do not do so, shall be deemed to include
3561 the following:
3562 (o) Director or officer offenses.—A director or officer
3563 charged with a felony theft or embezzlement offense involving
3564 the association's funds or property shall be removed from
3565 office, creating a vacancy in the office to be filled according
3566 to law. While such director or officer has such criminal charge
3567 pending, he or she may not be appointed or elected to a position
3568 as a director or officer. However, should the charges be
3569 resolved without a finding of guilt, the director or of officer
3570 shall be reinstated for the remainder of his or her term of
3571 office, if any.
3572 Reviser's note.—Amended to confirm the substitution of
3573 the word “or” for the word “of” by the editors.
3574 Section 89. Subsection (7) of section 718.113, Florida
3575 Statutes, is amended to read:
3576 718.113 Maintenance; limitation upon improvement; display
3577 of flag; hurricane shutters; display of religious decorations.—
3578 (7) An association may not refuse the request of a unit
3579 owner for a reasonable accommodation for the attachment on the
3580 mantel or frame of the door of the unit owner of a religious
3581 object not to exceed 3 inches wide, 6 inches high, and 1.5
3582 inches deep.
3583 Reviser's note.—Amended to confirm the insertion of
3584 the word “of” by the editors.
3585 Section 90. Paragraph (d) of subsection (1) of section
3586 718.501, Florida Statutes, is amended to read:
3587 718.501 Authority, responsibility, and duties of Division
3588 of Florida Condominiums, Timeshares, and Mobile Homes.—
3589 (1) The Division of Florida Condominiums, Timeshares, and
3590 Mobile Homes of the Department of Business and Professional
3591 Regulation, referred to as the “division” in this part, has the
3592 power to enforce and ensure compliance with the provisions of
3593 this chapter and rules relating to the development,
3594 construction, sale, lease, ownership, operation, and management
3595 of residential condominium units. In performing its duties, the
3596 division has complete jurisdiction to investigate complaints and
3597 enforce compliance with the provisions of this chapter with
3598 respect to associations that are still under developer control
3599 and complaints against developers involving improper turnover or
3600 failure to turnover, pursuant to s. 718.301. However, after
3601 turnover has occurred, the division shall only have jurisdiction
3602 to investigate complaints related to financial issues,
3603 elections, and unit owner access to association records pursuant
3604 to s. 718.111(12).
3605 (d) Notwithstanding any remedies available to unit owners
3606 and associations, if the division has reasonable cause to
3607 believe that a violation of any provision of this chapter or
3608 related rule has occurred, the division may institute
3609 enforcement proceedings in its own name against any developer,
3610 association, officer, or member of the board of administration,
3611 or its assignees or agents, as follows:
3612 1. The division may permit a person whose conduct or
3613 actions may be under investigation to waive formal proceedings
3614 and enter into a consent proceeding whereby orders, rules, or
3615 letters of censure or warning, whether formal or informal, may
3616 be entered against the person.
3617 2. The division may issue an order requiring the developer,
3618 association, developer-designated officer, or developer
3619 designated member of the board of administration, developer
3620 designated assignees or agents, community association manager,
3621 or community association management firm to cease and desist
3622 from the unlawful practice and take such affirmative action as
3623 in the judgment of the division will carry out the purposes of
3624 this chapter. If the division finds that a developer,
3625 association, officer, or member of the board of administration,
3626 or its assignees or agents, is violating or is about to violate
3627 any provision of this chapter, any rule adopted or order issued
3628 by the division, or any written agreement entered into with the
3629 division, and presents an immediate danger to the public
3630 requiring an immediate final order, it may issue an emergency
3631 cease and desist order reciting with particularity the facts
3632 underlying such findings. The emergency cease and desist order
3633 is effective for 90 days. If the division begins nonemergency
3634 cease and desist proceedings, the emergency cease and desist
3635 order remains effective until the conclusion of the proceedings
3636 under ss. 120.569 and 120.57.
3637 3. If a developer fails to pay any restitution determined
3638 by the division to be owed, plus any accrued interest at the
3639 highest rate permitted by law, within 30 days after expiration
3640 of any appellate time period of a final order requiring payment
3641 of restitution or the conclusion of any appeal thereof,
3642 whichever is later, the division shall bring an action in
3643 circuit or county court on behalf of any association, class of
3644 unit owners, lessees, or purchasers for restitution, declaratory
3645 relief, injunctive relief, or any other available remedy. The
3646 division may also temporarily revoke its acceptance of the
3647 filing for the developer to which the restitution relates until
3648 payment of restitution is made.
3649 4. The division may petition the court for the appointment
3650 of a receiver or conservator. If appointed, the receiver or
3651 conservator may take action to implement the court order to
3652 ensure the performance of the order and to remedy any breach
3653 thereof. In addition to all other means provided by law for the
3654 enforcement of an injunction or temporary restraining order, the
3655 circuit court may impound or sequester the property of a party
3656 defendant, including books, papers, documents, and related
3657 records, and allow the examination and use of the property by
3658 the division and a court-appointed receiver or conservator.
3659 5. The division may apply to the circuit court for an order
3660 of restitution whereby the defendant in an action brought
3661 pursuant to subparagraph 4. shall be ordered to make restitution
3662 of those sums shown by the division to have been obtained by the
3663 defendant in violation of this chapter. Such restitution shall,
3664 at the option of the court, be payable to the conservator or
3665 receiver appointed pursuant to subparagraph 4. or directly to
3666 the persons whose funds or assets were obtained in violation of
3667 this chapter.
3668 6. The division may impose a civil penalty against a
3669 developer or association, or its assignee or agent, for any
3670 violation of this chapter or a rule adopted under this chapter.
3671 The division may impose a civil penalty individually against any
3672 officer or board member who willfully and knowingly violates a
3673 provision of this chapter, adopted rule, or a final order of the
3674 division; may order the removal of such individual as an officer
3675 or from the board of administration or as an officer of the
3676 association; and may prohibit such individual from serving as an
3677 officer or on the board of a community association for a period
3678 of time. The term “willfully and knowingly” means that the
3679 division informed the officer or board member that his or her
3680 action or intended action violates this chapter, a rule adopted
3681 under this chapter, or a final order of the division and that
3682 the officer or board member refused to comply with the
3683 requirements of this chapter, a rule adopted under this chapter,
3684 or a final order of the division. The division, prior to
3685 initiating formal agency action under chapter 120, shall afford
3686 the officer or board member an opportunity to voluntarily comply
3687 with this chapter, a rule adopted under this chapter, or a final
3688 order of the division. An officer or board member who complies
3689 within 10 days is not subject to a civil penalty. A penalty may
3690 be imposed on the basis of each day of continuing violation, but
3691 in no event shall the penalty for any offense exceed $5,000. By
3692 January 1, 1998, the division shall adopt, by rule, penalty
3693 guidelines applicable to possible violations or to categories of
3694 violations of this chapter or rules adopted by the division. The
3695 guidelines must specify a meaningful range of civil penalties
3696 for each such violation of the statute and rules and must be
3697 based upon the harm caused by the violation, the repetition of
3698 the violation, and upon such other factors deemed relevant by
3699 the division. For example, the division may consider whether the
3700 violations were committed by a developer or owner-controlled
3701 association, the size of the association, and other factors. The
3702 guidelines must designate the possible mitigating or aggravating
3703 circumstances that justify a departure from the range of
3704 penalties provided by the rules. It is the legislative intent
3705 that minor violations be distinguished from those which endanger
3706 the health, safety, or welfare of the condominium residents or
3707 other persons and that such guidelines provide reasonable and
3708 meaningful notice to the public of likely penalties that may be
3709 imposed for proscribed conduct. This subsection does not limit
3710 the ability of the division to informally dispose of
3711 administrative actions or complaints by stipulation, agreed
3712 settlement, or consent order. All amounts collected shall be
3713 deposited with the Chief Financial Officer to the credit of the
3714 Division of Florida Condominiums, Timeshares, and Mobile Homes
3715 Trust Fund. If a developer fails to pay the civil penalty and
3716 the amount deemed to be owed to the association, the division
3717 shall issue an order directing that such developer cease and
3718 desist from further operation until such time as the civil
3719 penalty is paid or may pursue enforcement of the penalty in a
3720 court of competent jurisdiction. If an association fails to pay
3721 the civil penalty, the division shall pursue enforcement in a
3722 court of competent jurisdiction, and the order imposing the
3723 civil penalty or the cease and desist order will not become
3724 effective until 20 days after the date of such order. Any action
3725 commenced by the division shall be brought in the county in
3726 which the division has its executive offices or in the county
3727 where the violation occurred.
3728 7. If a unit owner presents the division with proof that
3729 the unit owner has requested access to official records in
3730 writing by certified mail, and that after 10 days the unit owner
3731 again made the same request for access to official records in
3732 writing by certified mail, and that more than 10 days has
3733 elapsed since the second request and the association has still
3734 failed or refused to provide access to official records as
3735 required by this chapter, the division shall issue a subpoena
3736 requiring production of the requested records where the records
3737 are kept pursuant to s. 718.112.
3738 8. In addition to subparagraph 6., the division may seek
3739 the imposition of a civil penalty through the circuit court for
3740 any violation for which the division may issue a notice to show
3741 cause under paragraph (r) (q). The civil penalty shall be at
3742 least $500 but no more than $5,000 for each violation. The court
3743 may also award to the prevailing party court costs and
3744 reasonable attorney's fees and, if the division prevails, may
3745 also award reasonable costs of investigation.
3746 Reviser's note.—Amended to confirm the substitution of
3747 a reference to “paragraph (r)” for a reference to
3748 “paragraph (q)” by the editors to conform to the
3749 compilation of the 2008 Florida Statutes.
3750 Section 91. Paragraph (a) of subsection (2) of section
3751 718.503, Florida Statutes, is amended to read:
3752 718.503 Developer disclosure prior to sale; nondeveloper
3753 unit owner disclosure prior to sale; voidability.—
3754 (2) NONDEVELOPER DISCLOSURE.—
3755 (a) Each unit owner who is not a developer as defined by
3756 this chapter shall comply with the provisions of this subsection
3757 prior to the sale of his or her unit. Each prospective purchaser
3758 who has entered into a contract for the purchase of a
3759 condominium unit is entitled, at the seller's expense, to a
3760 current copy of the declaration of condominium, articles of
3761 incorporation of the association, bylaws and rules of the
3762 association, financial information required by s. 718.111, and
3763 the document entitled “Frequently Asked Questions and Answers”
3764 required by s. 718.504. On and after January 1, 2009, the
3765 prospective purchaser shall also be entitled to receive from the
3766 seller a copy of a governance form. Such form shall be provided
3767 by the division summarizing governance of condominium
3768 associations. In addition to such other information as the
3769 division considers helpful to a prospective purchaser in
3770 understanding association governance, the governance form shall
3771 address the following subjects:
3772 1. The role of the board in conducting the day-to-day
3773 affairs of the association on behalf of, and in the best
3774 interests of, the owners.
3775 2. The board's responsibility to provide advance notice of
3776 board and membership meetings.
3777 3. The rights of owners to attend and speak at board and
3778 membership meetings.
3779 4. The responsibility of the board and of owners with
3780 respect to maintenance of the condominium property.
3781 5. The responsibility of the board and owners to abide by
3782 the condominium documents, this chapter, rules adopted by the
3783 division, and reasonable rules adopted by the board.
3784 6. Owners' rights to inspect and copy association records
3785 and the limitations on such rights.
3786 7. Remedies available to owners with respect to actions by
3787 the board which may be abusive or beyond the board's power and
3788 authority.
3789 8. The right of the board to hire a property management
3790 firm, subject to its own primary responsibility for such
3791 management.
3792 9. The responsibility of owners with regard to payment of
3793 regular or special assessments necessary for the operation of
3794 the property and the potential consequences of failure to pay
3795 such assessments.
3796 10. The voting rights of owners.
3797 11. Rights and obligations of the board in enforcement of
3798 rules in the condominium documents and rules adopted by the
3799 board.
3800 The governance form shall also include the following statement
3801 in conspicuous type: “This publication is intended as an
3802 informal educational overview of condominium governance. In the
3803 event of a conflict, the provisions of chapter 718, Florida
3804 Statutes, rules adopted by the Division of Florida Land Sales,
3805 Condominiums, Timeshares, and Mobile Homes of the Department of
3806 Business and Professional Regulation, the provisions of the
3807 condominium documents, and reasonable rules adopted by the
3808 condominium association's board of administration prevail over
3809 the contents of this publication.”
3810 Reviser's note.—Amended to confirm the redesignation
3811 of the Division of Florida Land Sales, Condominiums,
3812 and Mobile Homes as the Division of Florida
3813 Condominiums, Timeshares, and Mobile Homes by s. 8,
3814 ch. 2008-240, Laws of Florida.
3815 Section 92. Subsection (1) of section 828.25, Florida
3816 Statutes, is amended to read:
3817 828.25 Administration; rules; inspection; fees.—
3818 (1) The department shall administer the provisions of ss.
3819 828.22-828.26. It shall adopt and may from time to time revise
3820 rules, which rules must conform substantially to and must not be
3821 less restrictive than the rules and regulations promulgated by
3822 the Secretary of Agriculture of the United States pursuant to
3823 the federal Humane Methods of Slaughter Act of 1958, Pub. L. No.
3824 85-765, 72 Stat. 862, and any amendments thereto.
3825 Reviser's note.—Amended to conform to the correct name
3826 of the federal Humane Methods of Slaughter Act of
3827 1958.
3828 Section 93. Paragraph (c) of subsection (1) of section
3829 937.021, Florida Statutes, is amended to read:
3830 937.021 Missing child and missing adult reports.—
3831 (1) Law enforcement agencies in this state shall adopt
3832 written policies that specify the procedures to be used to
3833 investigate reports of missing children and missing adults. The
3834 policies must ensure that cases involving missing children and
3835 adults are investigated promptly using appropriate resources.
3836 The policies must include:
3837 (c) Standards for maintaining and clearing computer data of
3838 information concerning a missing child or and missing adult
3839 which is stored in the Florida Crime Information Center and the
3840 National Crime Information Center. The standards must require,
3841 at a minimum, a monthly review of each case and a determination
3842 of whether the case should be maintained in the database.
3843 Reviser's note.—Amended to substitute the word “or”
3844 for the word “and” to conform to usage in the
3845 remainder of the section.
3846 Section 94. Section 1000.36, Florida Statutes, is amended
3847 to read:
3848 1000.36 Interstate Compact on Educational Opportunity for
3849 Military Children.—The Governor is authorized and directed to
3850 execute the Interstate Compact on Educational Opportunity for
3851 Military Children on behalf of this state with any other state
3852 or states legally joining therein in the form substantially as
3853 follows:
3854 Interstate Compact on Educational
3855 Opportunity for Military Children
3856 ARTICLE I
3857 PURPOSE.—It is the purpose of this compact to remove
3858 barriers to educational success imposed on children of military
3859 families because of frequent moves and deployment of their
3860 parents by:
3861 A. Facilitating the timely enrollment of children of
3862 military families and ensuring that they are not placed at a
3863 disadvantage due to difficulty in the transfer of education
3864 records from the previous school district or variations in
3865 entrance or age requirements.
3866 B. Facilitating the student placement process through which
3867 children of military families are not disadvantaged by
3868 variations in attendance requirements, scheduling, sequencing,
3869 grading, course content, or assessment.
3870 C. Facilitating the qualification and eligibility for
3871 enrollment, educational programs, and participation in
3872 extracurricular academic, athletic, and social activities.
3873 D. Facilitating the on-time graduation of children of
3874 military families.
3875 E. Providing for the adoption and enforcement of
3876 administrative rules implementing this compact.
3877 F. Providing for the uniform collection and sharing of
3878 information between and among member states, schools, and
3879 military families under this compact.
3880 G. Promoting coordination between this compact and other
3881 compacts affecting military children.
3882 H. Promoting flexibility and cooperation between the
3883 educational system, parents, and the student in order to achieve
3884 educational success for the student.
3885 ARTICLE II
3886 DEFINITIONS.—As used in this compact, unless the context
3887 clearly requires a different construction, the term:
3888 A. “Active duty” means the full-time duty status in the
3889 active uniformed service of the United States, including members
3890 of the National Guard and Reserve on active duty orders pursuant
3891 to 10 U.S.C. ss. 1209 and 1211.
3892 B. “Children of military families” means school-aged
3893 children, enrolled in kindergarten through 12th grade, in the
3894 household of an active-duty member.
3895 C. “Compact commissioner” means the voting representative
3896 of each compacting state appointed under Article VIII of this
3897 compact.
3898 D. “Deployment” means the period 1 month before the service
3899 members' departure from their home station on military orders
3900 through 6 months after return to their home station.
3901 E. “Educational records” or “education records” means those
3902 official records, files, and data directly related to a student
3903 and maintained by the school or local education agency,
3904 including, but not limited to, records encompassing all the
3905 material kept in the student's cumulative folder such as general
3906 identifying data, records of attendance and of academic work
3907 completed, records of achievement and results of evaluative
3908 tests, health data, disciplinary status, test protocols, and
3909 individualized education programs.
3910 F. “Extracurricular activities” means a voluntary activity
3911 sponsored by the school or local education agency or an
3912 organization sanctioned by the local education agency.
3913 Extracurricular activities include, but are not limited to,
3914 preparation for and involvement in public performances,
3915 contests, athletic competitions, demonstrations, displays, and
3916 club activities.
3917 G. “Interstate Commission on Educational Opportunity for
3918 Military Children” means the commission that is created under
3919 Article IX of this compact, which is generally referred to as
3920 the Interstate Commission.
3921 H. “Local education agency” means a public authority
3922 legally constituted by the state as an administrative agency to
3923 provide control of, and direction for, kindergarten through 12th
3924 grade public educational institutions.
3925 I. “Member state” means a state that has enacted this
3926 compact.
3927 J. “Military installation” means a base, camp, post,
3928 station, yard, center, homeport facility for any ship, or other
3929 activity under the jurisdiction of the Department of Defense,
3930 including any leased facility, which is located within any of
3931 the several states, the District of Columbia, the Commonwealth
3932 of Puerto Rico, the United States Virgin Islands, Guam, American
3933 Samoa, the Northern Marianas Islands, and any other United
3934 States Territory. The term does not include any facility used
3935 primarily for civil works, rivers and harbors projects, or flood
3936 control projects.
3937 K. “Nonmember state” means a state that has not enacted
3938 this compact.
3939 L. “Receiving state” means the state to which a child of a
3940 military family is sent, brought, or caused to be sent or
3941 brought.
3942 M. “Rule” means a written statement by the Interstate
3943 Commission adopted under Article XII of this compact which is of
3944 general applicability, implements, interprets, or prescribes a
3945 policy or provision of the compact, or an organizational,
3946 procedural, or practice requirement of the Interstate
3947 Commission, and has the force and effect of statutory law in a
3948 member state, and includes the amendment, repeal, or suspension
3949 of an existing rule.
3950 N. “Sending state” means the state from which a child of a
3951 military family is sent, brought, or caused to be sent or
3952 brought.
3953 O. “State” means a state of the United States, the District
3954 of Columbia, the Commonwealth of Puerto Rico, the United States
3955 Virgin Islands, Guam, American Samoa, the Northern Marianas
3956 Islands, and any other United States Territory.
3957 P. “Student” means the child of a military family for whom
3958 the local education agency receives public funding and who is
3959 formally enrolled in kindergarten through 12th grade.
3960 Q. “Transition” means:
3961 1. The formal and physical process of transferring from
3962 school to school; or
3963 2. The period of time in which a student moves from one
3964 school in the sending state to another school in the receiving
3965 state.
3966 R. “Uniformed services” means the Army, Navy, Air Force,
3967 Marine Corps, Coast Guard as well as the Commissioned Corps of
3968 the National Oceanic and Atmospheric Administration, and Public
3969 Health Services.
3970 S. “Veteran” means a person who served in the uniformed
3971 services and who was discharged or released therefrom under
3972 conditions other than dishonorable.
3973 ARTICLE III
3974 APPLICABILITY.—
3975 A. Except as otherwise provided in Section C, this compact
3976 applies to the children of:
3977 1. Active duty members of the uniformed services, including
3978 members of the National Guard and Reserve on active-duty orders
3979 pursuant to 10 U.S.C. ss. 1209 and 1211;
3980 2. Members or veterans of the uniformed services who are
3981 severely injured and medically discharged or retired for a
3982 period of 1 year after medical discharge or retirement; and
3983 3. Members of the uniformed services who die on active duty
3984 or as a result of injuries sustained on active duty for a period
3985 of 1 year after death.
3986 B. This interstate compact applies to local education
3987 agencies.
3988 C. This compact does not apply to the children of:
3989 1. Inactive members of the National Guard and military
3990 reserves;
3991 2. Members of the uniformed services now retired, except as
3992 provided in Section A;
3993 3. Veterans of the uniformed services, except as provided
3994 in Section A; and
3995 4. Other United States Department of Defense personnel and
3996 other federal agency civilian and contract employees not defined
3997 as active-duty members of the uniformed services.
3998 ARTICLE IV
3999 EDUCATIONAL RECORDS AND ENROLLMENT.—
4000 A. If a child's official education records cannot be
4001 released to the parents for the purpose of transfer, the
4002 custodian of the records in the sending state shall prepare and
4003 furnish to the parent a complete set of unofficial educational
4004 records containing uniform information as determined by the
4005 Interstate Commission. Upon receipt of the unofficial education
4006 records by a school in the receiving state, that school shall
4007 enroll and appropriately place the student based on the
4008 information provided in the unofficial records pending
4009 validation by the official records, as quickly as possible.
4010 B. Simultaneous with the enrollment and conditional
4011 placement of the student, the school in the receiving state
4012 shall request the student's official education record from the
4013 school in the sending state. Upon receipt of the request, the
4014 school in the sending state shall process and furnish the
4015 official education records to the school in the receiving state
4016 within 10 days or within such time as is reasonably determined
4017 under the rules adopted by the Interstate Commission.
4018 C. Compact states must give 30 days from the date of
4019 enrollment or within such time as is reasonably determined under
4020 the rules adopted by the Interstate Commission for students to
4021 obtain any immunization required by the receiving state. For a
4022 series of immunizations, initial vaccinations must be obtained
4023 within 30 days or within such time as is reasonably determined
4024 under the rules promulgated by the Interstate Commission.
4025 D. Students shall be allowed to continue their enrollment
4026 at grade level in the receiving state commensurate with their
4027 grade level, including kindergarten, from a local education
4028 agency in the sending state at the time of transition,
4029 regardless of age. A student who has satisfactorily completed
4030 the prerequisite grade level in the local education agency in
4031 the sending state is eligible for enrollment in the next highest
4032 grade level in the receiving state, regardless of age. A student
4033 transferring after the start of the school year in the receiving
4034 state shall enter the school in the receiving state on their
4035 validated level from an accredited school in the sending state.
4036 ARTICLE V
4037 PLACEMENT AND ATTENDANCE.—
4038 A. If a student transfers before or during the school year,
4039 the receiving state school shall initially honor placement of
4040 the student in educational courses based on the student's
4041 enrollment in the sending state school or educational
4042 assessments conducted at the school in the sending state if the
4043 courses are offered. Course placement includes, but is not
4044 limited to, Honors, International Baccalaureate, Advanced
4045 Placement, vocational, technical, and career pathways courses.
4046 Continuing the student's academic program from the previous
4047 school and promoting placement in academically and career
4048 challenging courses should be paramount when considering
4049 placement. A school in the receiving state is not precluded from
4050 performing subsequent evaluations to ensure appropriate
4051 placement and continued enrollment of the student in the
4052 courses.
4053 B. The receiving state school must initially honor
4054 placement of the student in educational programs based on
4055 current educational assessments conducted at the school in the
4056 sending state or participation or placement in like programs in
4057 the sending state. Such programs include, but are not limited
4058 to:
4059 1. Gifted and talented programs; and
4060 2. English as a second language (ESL).
4061 A school in the receiving state is not precluded from performing
4062 subsequent evaluations to ensure appropriate placement and
4063 continued enrollment of the student in the courses.
4064 C. A receiving state must initially provide comparable
4065 services to a student with disabilities based on his or her
4066 current individualized education program (IEP) in compliance
4067 with the requirements of the Individuals with Disabilities
4068 Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
4069 state must make reasonable accommodations and modifications to
4070 address the needs of incoming students with disabilities,
4071 subject to an existing section 504 or title II plan, to provide
4072 the student with equal access to education, in compliance with
4073 the provisions of Section 504 of the Rehabilitation Act, 29
4074 U.S.C.A. s. 794, and with title II of the Americans with
4075 Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
4076 receiving state is not precluded from performing subsequent
4077 evaluations to ensure appropriate placement and continued
4078 enrollment of the student in the courses.
4079 D. Local education agency administrative officials may
4080 waive course or program prerequisites, or other preconditions
4081 for placement in courses or programs offered under the
4082 jurisdiction of the local education agency.
4083 E. A student whose parent or legal guardian is an active
4084 duty member of the uniformed services and has been called to
4085 duty for, is on leave from, or immediately returned from
4086 deployment to, a combat zone or combat support posting shall be
4087 granted additional excused absences at the discretion of the
4088 local education agency superintendent to visit with his or her
4089 parent or legal guardian relative to such leave or deployment of
4090 the parent or guardian.
4091 ARTICLE VI
4092 ELIGIBILITY.—
4093 A. When considering the eligibility of a child for
4094 enrolling in a school:
4095 1. A special power of attorney relative to the guardianship
4096 of a child of a military family and executed under applicable
4097 law is sufficient for the purposes of enrolling the child in
4098 school and for all other actions requiring parental
4099 participation and consent.
4100 2. A local education agency is prohibited from charging
4101 local tuition to a transitioning military child placed in the
4102 care of a noncustodial parent or other person standing in loco
4103 parentis who lives in a school's jurisdiction different from
4104 that of the custodial parent.
4105 3. A transitioning military child, placed in the care of a
4106 noncustodial parent or other person standing in loco parentis
4107 who lives in a school's jurisdiction different from that of the
4108 custodial parent, may continue to attend the school in which he
4109 or she was enrolled while residing with the custodial parent.
4110 B. State and local education agencies must facilitate the
4111 opportunity for transitioning military children's inclusion in
4112 extracurricular activities, regardless of application deadlines,
4113 to the extent they are otherwise qualified.
4114 ARTICLE VII
4115 GRADUATION.—In order to facilitate the on-time graduation
4116 of children of military families, states and local education
4117 agencies shall incorporate the following procedures:
4118 A. Local education agency administrative officials shall
4119 waive specific courses required for graduation if similar
4120 coursework has been satisfactorily completed in another local
4121 education agency or shall provide reasonable justification for
4122 denial. If a waiver is not granted to a student who would
4123 qualify to graduate from the sending school, the local education
4124 agency must provide an alternative means of acquiring required
4125 coursework so that graduation may occur on time.
4126 B. States shall accept exit or end-of-course exams required
4127 for graduation from the sending state; national norm-referenced
4128 achievement tests; or alternative testing, in lieu of testing
4129 requirements for graduation in the receiving state. If these
4130 alternatives cannot be accommodated by the receiving state for a
4131 student transferring in his or her senior year, then the
4132 provisions of Article VII, Section C shall apply.
4133 C. If a military student transfers at the beginning of or
4134 during his or her senior year and is not eligible to graduate
4135 from the receiving local education agency after all alternatives
4136 have been considered, the sending and receiving local education
4137 agencies must ensure the receipt of a diploma from the sending
4138 local education agency, if the student meets the graduation
4139 requirements of the sending local education agency. If one of
4140 the states in question is not a member of this compact, the
4141 member state shall use its best efforts to facilitate the on
4142 time graduation of the student in accordance with Sections A and
4143 B of this Article.
4144 ARTICLE VIII
4145 STATE COORDINATION.—Each member state shall, through the
4146 creation of a state council or use of an existing body or board,
4147 provide for the coordination among its agencies of government,
4148 local education agencies, and military installations concerning
4149 the state's participation in, and compliance with, this compact
4150 and Interstate Commission activities.
4151 A. Each member state may determine the membership of its
4152 own state council, but the membership must include at least: the
4153 state superintendent of education, the superintendent of a
4154 school district that has a high concentration of military
4155 children, a representative from a military installation, one
4156 representative each from the legislative and executive branches
4157 of government, and other offices and stakeholder groups the
4158 state council deems appropriate. A member state that does not
4159 have a school district deemed to contain a high concentration of
4160 military children may appoint a superintendent from another
4161 school district to represent local education agencies on the
4162 state council.
4163 B. The state council of each member state shall appoint or
4164 designate a military family education liaison to assist military
4165 families and the state in facilitating the implementation of
4166 this compact.
4167 C. The compact commissioner responsible for the
4168 administration and management of the state's participation in
4169 the compact shall be appointed by the Governor or as otherwise
4170 determined by each member state.
4171 D. The compact commissioner and the military family
4172 education liaison shall be ex officio members of the state
4173 council, unless either is already a full voting member of the
4174 state council.
4175 ARTICLE IX
4176 INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
4177 MILITARY CHILDREN.—The member states hereby create the
4178 “Interstate Commission on Educational Opportunity for Military
4179 Children.” The activities of the Interstate Commission are the
4180 formation of public policy and are a discretionary state
4181 function. The Interstate Commission shall:
4182 A. Be a body corporate and joint agency of the member
4183 states and shall have all the responsibilities, powers, and
4184 duties set forth herein, and such additional powers as may be
4185 conferred upon it by a subsequent concurrent action of the
4186 respective legislatures of the member states in accordance with
4187 the terms of this compact.
4188 B. Consist of one Interstate Commission voting
4189 representative from each member state who shall be that state's
4190 compact commissioner.
4191 1. Each member state represented at a meeting of the
4192 Interstate Commission is entitled to one vote.
4193 2. A majority of the total member states shall constitute a
4194 quorum for the transaction of business, unless a larger quorum
4195 is required by the bylaws of the Interstate Commission.
4196 3. A representative shall not delegate a vote to another
4197 member state. In the event the compact commissioner is unable to
4198 attend a meeting of the Interstate Commission, the Governor or
4199 state council may delegate voting authority to another person
4200 from their state for a specified meeting.
4201 4. The bylaws may provide for meetings of the Interstate
4202 Commission to be conducted by telecommunication or electronic
4203 communication.
4204 C. Consist of ex officio, nonvoting representatives who are
4205 members of interested organizations. The ex officio members, as
4206 defined in the bylaws, may include, but not be limited to,
4207 members of the representative organizations of military family
4208 advocates, local education agency officials, parent and teacher
4209 groups, the United States Department of Defense, the Education
4210 Commission of the States, the Interstate Agreement on the
4211 Qualification of Educational Personnel, and other interstate
4212 compacts affecting the education of children of military
4213 members.
4214 D. Meet at least once each calendar year. The chairperson
4215 may call additional meetings and, upon the request of a simple
4216 majority of the member states, shall call additional meetings.
4217 E. Establish an executive committee, whose members shall
4218 include the officers of the Interstate Commission and such other
4219 members of the Interstate Commission as determined by the
4220 bylaws. Members of the executive committee shall serve a 1-year
4221 term. Members of the executive committee are entitled to one
4222 vote each. The executive committee shall have the power to act
4223 on behalf of the Interstate Commission, with the exception of
4224 rulemaking, during periods when the Interstate Commission is not
4225 in session. The executive committee shall oversee the day-to-day
4226 activities of the administration of the compact, including
4227 enforcement and compliance with the compact, its bylaws and
4228 rules, and other such duties as deemed necessary. The United
4229 States Department of Defense shall serve as an ex officio,
4230 nonvoting member of the executive committee.
4231 F. Establish bylaws and rules that provide for conditions
4232 and procedures under which the Interstate Commission shall make
4233 its information and official records available to the public for
4234 inspection or copying. The Interstate Commission may exempt from
4235 disclosure information or official records to the extent they
4236 would adversely affect personal privacy rights or proprietary
4237 interests.
4238 G. Give public notice of all meetings and all meetings
4239 shall be open to the public, except as set forth in the rules or
4240 as otherwise provided in the compact. The Interstate Commission
4241 and its committees may close a meeting, or portion thereof,
4242 where it determines by two-thirds vote that an open meeting
4243 would be likely to:
4244 1. Relate solely to the Interstate Commission's internal
4245 personnel practices and procedures;
4246 2. Disclose matters specifically exempted from disclosure
4247 by federal and state statute;
4248 3. Disclose trade secrets or commercial or financial
4249 information which is privileged or confidential;
4250 4. Involve accusing a person of a crime, or formally
4251 censuring a person;
4252 5. Disclose information of a personal nature where
4253 disclosure would constitute a clearly unwarranted invasion of
4254 personal privacy;
4255 6. Disclose investigative records compiled for law
4256 enforcement purposes; or
4257 7. Specifically relate to the Interstate Commission's
4258 participation in a civil action or other legal proceeding.
4259 H. For a meeting, or portion of a meeting, closed pursuant
4260 to this provision, the Interstate Commission's legal counsel or
4261 designee shall certify that the meeting may be closed and shall
4262 reference each relevant exemptible provision. The Interstate
4263 Commission shall keep minutes which shall fully and clearly
4264 describe all matters discussed in a meeting and shall provide a
4265 full and accurate summary of actions taken, and the reasons
4266 therefor, including a description of the views expressed and the
4267 record of a roll call vote. All documents considered in
4268 connection with an action shall be identified in such minutes.
4269 All minutes and documents of a closed meeting shall remain under
4270 seal, subject to release by a majority vote of the Interstate
4271 Commission.
4272 I. The Interstate Commission shall collect standardized
4273 data concerning the educational transition of the children of
4274 military families under this compact as directed through its
4275 rules which shall specify the data to be collected, the means of
4276 collection and data exchange, and reporting requirements. The
4277 methods of data collection, exchange, and reporting shall,
4278 insofar as is reasonably possible, conform to current technology
4279 and coordinate its information functions with the appropriate
4280 custodian of records as identified in the bylaws and rules.
4281 J. The Interstate Commission shall create a procedure that
4282 permits military officials, education officials, and parents to
4283 inform the Interstate Commission if and when there are alleged
4284 violations of the compact or its rules or when issues subject to
4285 the jurisdiction of the compact or its rules are not addressed
4286 by the state or local education agency. This section does not
4287 create a private right of action against the Interstate
4288 Commission or any member state.
4289 ARTICLE X
4290 POWERS AND DUTIES OF THE INTERSTATE COMMISSION.—The
4291 Interstate Commission has the power to:
4292 A. Provide for dispute resolution among member states.
4293 B. Adopt rules and take all necessary actions to effect the
4294 goals, purposes, and obligations as enumerated in this compact.
4295 The rules have the force and effect of statutory law and are
4296 binding in the compact states to the extent and in the manner
4297 provided in this compact.
4298 C. Issue, upon request of a member state, advisory opinions
4299 concerning the meaning or interpretation of the interstate
4300 compact, its bylaws, rules, and actions.
4301 D. Enforce compliance with the compact provisions, the
4302 rules adopted by the Interstate Commission, and the bylaws,
4303 using all necessary and proper means, including, but not limited
4304 to, the use of judicial process.
4305 E. Establish and maintain offices that shall be located
4306 within one or more of the member states.
4307 F. Purchase and maintain insurance and bonds.
4308 G. Borrow, accept, hire, or contract for services of
4309 personnel.
4310 H. Establish and appoint committees, including, but not
4311 limited to, an executive committee as required by Article IX,
4312 Section E, which shall have the power to act on behalf of the
4313 Interstate Commission in carrying out its powers and duties
4314 hereunder.
4315 I. Elect or appoint such officers, attorneys, employees,
4316 agents, or consultants, and to fix their compensation, define
4317 their duties, and determine their qualifications; and to
4318 establish the Interstate Commission's personnel policies and
4319 programs relating to conflicts of interest, rates of
4320 compensation, and qualifications of personnel.
4321 J. Accept any and all donations and grants of money,
4322 equipment, supplies, materials, and services, and to receive,
4323 utilize, and dispose of it.
4324 K. Lease, purchase, accept contributions or donations of,
4325 or otherwise to own, hold, improve, or use any property, real,
4326 personal, or mixed.
4327 L. Sell, convey, mortgage, pledge, lease, exchange,
4328 abandon, or otherwise dispose of any property, real, personal,
4329 or mixed.
4330 M. Establish a budget and make expenditures.
4331 N. Adopt a seal and bylaws governing the management and
4332 operation of the Interstate Commission.
4333 O. Report annually to the legislatures, governors,
4334 judiciary, and state councils of the member states concerning
4335 the activities of the Interstate Commission during the preceding
4336 year. Such reports shall also include any recommendations that
4337 may have been adopted by the Interstate Commission.
4338 P. Coordinate education, training, and public awareness
4339 regarding the compact, its implementation, and operation for
4340 officials and parents involved in such activity.
4341 Q. Establish uniform standards for the reporting,
4342 collecting, and exchanging of data.
4343 R. Maintain corporate books and records in accordance with
4344 the bylaws.
4345 S. Perform such functions as may be necessary or
4346 appropriate to achieve the purposes of this compact.
4347 T. Provide for the uniform collection and sharing of
4348 information between and among member states, schools, and
4349 military families under this compact.
4350 ARTICLE XI
4351 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.—
4352 A. The Interstate Commission shall, by a majority of the
4353 members present and voting, within 12 months after the first
4354 Interstate Commission meeting, adopt bylaws to govern its
4355 conduct as may be necessary or appropriate to carry out the
4356 purposes of the compact, including, but not limited to:
4357 1. Establishing the fiscal year of the Interstate
4358 Commission;
4359 2. Establishing an executive committee and such other
4360 committees as may be necessary;
4361 3. Providing for the establishment of committees and for
4362 governing any general or specific delegation of authority or
4363 function of the Interstate Commission;
4364 4. Providing reasonable procedures for calling and
4365 conducting meetings of the Interstate Commission and ensuring
4366 reasonable notice of each such meeting;
4367 5. Establishing the titles and responsibilities of the
4368 officers and staff of the Interstate Commission;
4369 6. Providing a mechanism for concluding the operations of
4370 the Interstate Commission and the return of surplus funds that
4371 may exist upon the termination of the compact after the payment
4372 and reserving of all of its debts and obligations.
4373 7. Providing “start up” rules for initial administration of
4374 the compact.
4375 B. The Interstate Commission shall, by a majority of the
4376 members, elect annually from among its members a chairperson, a
4377 vice chairperson, and a treasurer, each of whom shall have such
4378 authority and duties as may be specified in the bylaws. The
4379 chairperson or, in the chairperson's absence or disability, the
4380 vice chairperson shall preside at all meetings of the Interstate
4381 Commission. The officers so elected shall serve without
4382 compensation or remuneration from the Interstate Commission;
4383 provided that, subject to the availability of budgeted funds,
4384 the officers shall be reimbursed for ordinary and necessary
4385 costs and expenses incurred by them in the performance of their
4386 responsibilities as officers of the Interstate Commission.
4387 C. The executive committee has the authority and duties as
4388 may be set forth in the bylaws, including, but not limited to:
4389 1. Managing the affairs of the Interstate Commission in a
4390 manner consistent with the bylaws and purposes of the Interstate
4391 Commission;
4392 2. Overseeing an organizational structure within, and
4393 appropriate procedures for, the Interstate Commission to provide
4394 for the adoption of rules, operating procedures, and
4395 administrative and technical support functions; and
4396 3. Planning, implementing, and coordinating communications
4397 and activities with other state, federal, and local government
4398 organizations in order to advance the goals of the Interstate
4399 Commission.
4400 D. The executive committee may, subject to the approval of
4401 the Interstate Commission, appoint or retain an executive
4402 director for such period, upon such terms and conditions and for
4403 such compensation, as the Interstate Commission may deem
4404 appropriate. The executive director shall serve as secretary to
4405 the Interstate Commission but is not a member of the Interstate
4406 Commission. The executive director shall hire and supervise such
4407 other persons as may be authorized by the Interstate Commission.
4408 E. The Interstate Commission's executive director and its
4409 employees are immune from suit and liability, either personally
4410 or in their official capacity, for a claim for damage to or loss
4411 of property or personal injury or other civil liability caused
4412 or arising out of, or relating to, an actual or alleged act,
4413 error, or omission that occurred, or that such person had a
4414 reasonable basis for believing occurred, within the scope of
4415 Interstate Commission employment, duties, or responsibilities,
4416 provided that the person is not protected from suit or liability
4417 for damage, loss, injury, or liability caused by the intentional
4418 or willful and wanton misconduct of the person.
4419 1. The liability of the Interstate Commission's executive
4420 director and employees or Interstate Commission representatives,
4421 acting within the scope of the person's employment or duties,
4422 for acts, errors, or omissions occurring within the person's
4423 state may not exceed the limits of liability set forth under the
4424 constitution and laws of that state for state officials,
4425 employees, and agents. The Interstate Commission is considered
4426 to be an instrumentality of the states for the purposes of any
4427 such action. This subsection does not protect the person from
4428 suit or liability for damage, loss, injury, or liability caused
4429 by the intentional or willful and wanton misconduct of the
4430 person.
4431 2. The Interstate Commission shall defend the executive
4432 director and its employees and, subject to the approval of the
4433 Attorney General or other appropriate legal counsel of the
4434 member state represented by an Interstate Commission
4435 representative, shall defend an Interstate Commission
4436 representative in any civil action seeking to impose liability
4437 arising out of an actual or alleged act, error, or omission that
4438 occurred within the scope of Interstate Commission employment,
4439 duties, or responsibilities, or that the defendant had a
4440 reasonable basis for believing occurred within the scope of
4441 Interstate Commission employment, duties, or responsibilities,
4442 provided that the actual or alleged act, error, or omission did
4443 not result from intentional or willful and wanton misconduct on
4444 the part of the person.
4445 3. To the extent not covered by the state involved, a
4446 member state, the Interstate Commission, and the representatives
4447 or employees of the Interstate Commission shall be held harmless
4448 in the amount of a settlement or judgment, including attorney's
4449 fees and costs, obtained against a person arising out of an
4450 actual or alleged act, error, or omission that occurred within
4451 the scope of Interstate Commission employment, duties, or
4452 responsibilities, or that the person had a reasonable basis for
4453 believing occurred within the scope of Interstate Commission
4454 employment, duties, or responsibilities, provided that the
4455 actual or alleged act, error, or omission did not result from
4456 intentional or willful and wanton misconduct on the part of the
4457 person.
4458 ARTICLE XII
4459 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.—The
4460 Interstate Commission shall adopt rules to effectively and
4461 efficiently implement this act to achieve the purposes of this
4462 compact.
4463 A. If the Interstate Commission exercises its rulemaking
4464 authority in a manner that is beyond the scope of the purposes
4465 of this act, or the powers granted hereunder, the action
4466 undertaken by the Interstate Commission is invalid and has no
4467 force or effect.
4468 B. Rules must be adopted pursuant to a rulemaking process
4469 that substantially conforms to the “Model State Administrative
4470 Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
4471 1 (2000) as amended, as may be appropriate to the operations of
4472 the Interstate Commission.
4473 C. No later than 30 days after a rule is adopted, a person
4474 may file a petition for judicial review of the rule. The filing
4475 of the petition does not stay or otherwise prevent the rule from
4476 becoming effective unless a court finds that the petitioner has
4477 a substantial likelihood of success on the merits of the
4478 petition. The court shall give deference to the actions of the
4479 Interstate Commission consistent with applicable law and shall
4480 not find the rule to be unlawful if the rule represents a
4481 reasonable exercise of the Interstate Commission's authority.
4482 D. If a majority of the legislatures of the compacting
4483 states rejects a rule by enactment of a statute or resolution in
4484 the same manner used to adopt the compact, then the rule is
4485 invalid and has no further force and effect in any compacting
4486 state.
4487 ARTICLE XIII
4488 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.—
4489 A. The executive, legislative, and judicial branches of
4490 state government in each member state shall enforce this compact
4491 and shall take all actions necessary and appropriate to
4492 effectuate the compact's purposes and intent. The provisions of
4493 this compact and the rules adopted under it have the force and
4494 effect of statutory law.
4495 B. All courts shall take judicial notice of the compact and
4496 its adopted rules in any judicial or administrative proceeding
4497 in a member state pertaining to the subject matter of this
4498 compact which may affect the powers, responsibilities, or
4499 actions of the Interstate Commission.
4500 C. The Interstate Commission is entitled to receive all
4501 service of process in any such proceeding, and has standing to
4502 intervene in the proceeding for all purposes. Failure to provide
4503 service of process to the Interstate Commission renders a
4504 judgment or order void as to the Interstate Commission, this
4505 compact, or its adopted rules.
4506 D. If the Interstate Commission determines that a member
4507 state has defaulted in the performance of its obligations or
4508 responsibilities under this compact, or the bylaws or the
4509 adopted rules, the Interstate Commission shall:
4510 1. Provide written notice to the defaulting state and other
4511 member states of the nature of the default, the means of curing
4512 the default, and any action taken by the Interstate Commission.
4513 The Interstate Commission must specify the conditions by which
4514 the defaulting state must cure its default.
4515 2. Provide remedial training and specific technical
4516 assistance regarding the default.
4517 3. If the defaulting state fails to cure the default,
4518 terminate the defaulting state from the compact upon an
4519 affirmative vote of a majority of the member states and all
4520 rights, privileges, and benefits conferred by this compact shall
4521 be terminated from the effective date of termination. A cure of
4522 the default does not relieve the offending state of obligations
4523 or liabilities incurred during the period of the default.
4524 E. Suspension or termination of membership in the compact
4525 may not be imposed on a member until all other means of securing
4526 compliance have been exhausted. Notice of the intent to suspend
4527 or terminate membership must be given by the Interstate
4528 Commission to the Governor, the majority and minority leaders of
4529 the defaulting state's legislature, and each of the member
4530 states.
4531 F. A state that has been suspended or terminated is
4532 responsible for all assessments, obligations, and liabilities
4533 incurred through the effective date of suspension or
4534 termination, including obligations, the performance of which
4535 extends beyond the effective date of suspension or termination.
4536 G. The remaining member states of the Interstate Commission
4537 do not bear any costs arising from a state that has been found
4538 to be in default or that has been suspended or terminated from
4539 the compact, unless otherwise mutually agreed upon in writing
4540 between the Interstate Commission and the defaulting state.
4541 H. A defaulting state may appeal the action of the
4542 Interstate Commission by petitioning the United States District
4543 Court for the District of Columbia or the federal district where
4544 the Interstate Commission has its principal offices. The
4545 prevailing party shall be awarded all costs of such litigation,
4546 including reasonable attorney's fees.
4547 I. The Interstate Commission shall attempt, upon the
4548 request of a member state, to resolve disputes that are subject
4549 to the compact and that may arise among member states and
4550 between member and nonmember states. The Interstate Commission
4551 shall promulgate a rule providing for both mediation and binding
4552 dispute resolution for disputes as appropriate.
4553 1. The Interstate Commission, in the reasonable exercise of
4554 its discretion, shall enforce the provisions and rules of this
4555 compact.
4556 2. The Interstate Commission may, by majority vote of the
4557 members, initiate legal action in the United States District
4558 Court for the District of Columbia or, at the discretion of the
4559 Interstate Commission, in the federal district where the
4560 Interstate Commission has its principal offices to enforce
4561 compliance with the provisions of the compact, or its
4562 promulgated rules and bylaws, against a member state in default.
4563 The relief sought may include both injunctive relief and
4564 damages. In the event judicial enforcement is necessary, the
4565 prevailing party shall be awarded all costs of such litigation,
4566 including reasonable attorney's fees.
4567 3. The remedies herein are not the exclusive remedies of
4568 the Interstate Commission. The Interstate Commission may avail
4569 itself of any other remedies available under state law or the
4570 regulation of a profession.
4571 ARTICLE XIV
4572 FINANCING OF THE INTERSTATE COMMISSION.—
4573 A. The Interstate Commission shall pay, or provide for the
4574 payment of, the reasonable expenses of its establishment,
4575 organization, and ongoing activities.
4576 B. The Interstate Commission may levy on and collect an
4577 annual assessment from each member state to cover the cost of
4578 the operations and activities of the Interstate Commission and
4579 its staff which must be in a total amount sufficient to cover
4580 the Interstate Commission's annual budget as approved each year.
4581 The aggregate annual assessment amount shall be allocated based
4582 upon a formula to be determined by the Interstate Commission,
4583 which shall adopt a rule binding upon all member states.
4584 C. The Interstate Commission may not incur any obligation
4585 of any kind before securing the funds adequate to meet the
4586 obligation and the Interstate Commission may not pledge the
4587 credit of any of the member states, except by and with the
4588 permission of the member state.
4589 D. The Interstate Commission shall keep accurate accounts
4590 of all receipts and disbursements. The receipts and
4591 disbursements of the Interstate Commission are subject to audit
4592 and accounting procedures established under its bylaws. However,
4593 all receipts and disbursements of funds handled by the
4594 Interstate Commission shall be audited yearly by a certified or
4595 licensed public accountant, and the report of the audit shall be
4596 included in and become part of the annual report of the
4597 Interstate Commission.
4598 ARTICLE XV
4599 MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.—
4600 A. Any state is eligible to become a member state.
4601 B. The compact shall take effect and be binding upon
4602 legislative enactment of the compact into law by not less than
4603 10 of the states. The effective date shall be no earlier than
4604 December 1, 2007. Thereafter, it shall become effective and
4605 binding as to any other member state upon enactment of the
4606 compact into law by that state. The governors of nonmember
4607 states or their designees shall be invited to participate in the
4608 activities of the Interstate Commission on a nonvoting basis
4609 before adoption of the compact by all states.
4610 C. The Interstate Commission may propose amendments to the
4611 compact for enactment by the member states. An amendment does
4612 not become effective and binding upon the Interstate Commission
4613 and the member states until the amendment is enacted into law by
4614 unanimous consent of the member states.
4615 ARTICLE XVI
4616 WITHDRAWAL AND DISSOLUTION.—
4617 A. Once in effect, the compact continues in force and
4618 remains binding upon each and every member state, provided that
4619 a member state may withdraw from the compact, specifically
4620 repealing the statute that enacted the compact into law.
4621 1. Withdrawal from the compact occurs when a statute
4622 repealing its membership is enacted by the state, but does not
4623 take effect until 1 year after the effective date of the statute
4624 and until written notice of the withdrawal has been given by the
4625 withdrawing state to the Governor of each other member state.
4626 2. The withdrawing state must immediately notify the
4627 chairperson of the Interstate Commission in writing upon the
4628 introduction of legislation repealing this compact in the
4629 withdrawing state. The Interstate Commission shall notify the
4630 other member states of the withdrawing state's intent to
4631 withdraw within 60 days after its receipt thereof.
4632 3. A withdrawing state is responsible for all assessments,
4633 obligations, and liabilities incurred through the effective date
4634 of withdrawal, including obligations, the performance of which
4635 extend beyond the effective date of withdrawal.
4636 4. Reinstatement following withdrawal of a member state
4637 shall occur upon the withdrawing state reenacting the compact or
4638 upon such later date as determined by the Interstate Commission.
4639 B. This compact shall dissolve effective upon the date of
4640 the withdrawal or default of the member state which reduces the
4641 membership in the compact to one member state.
4642 C. Upon the dissolution of this compact, the compact
4643 becomes void and has no further force or effect, and the
4644 business and affairs of the Interstate Commission shall be
4645 concluded and surplus funds shall be distributed in accordance
4646 with the bylaws.
4647 ARTICLE XVII
4648 SEVERABILITY AND CONSTRUCTION.—
4649 A. The provisions of this compact shall be severable, and
4650 if any phrase, clause, sentence, or provision is deemed
4651 unenforceable, the remaining provisions of the compact shall be
4652 enforceable.
4653 B. The provisions of this compact shall be liberally
4654 construed to effectuate its purposes.
4655 C. This compact does not prohibit the applicability of
4656 other interstate compacts to which the states are members.
4657 ARTICLE XVIII
4658 BINDING EFFECT OF COMPACT AND OTHER LAWS.—
4659 A. This compact does not prevent the enforcement of any
4660 other law of a member state that is not inconsistent with this
4661 compact.
4662 B. All member states' laws conflicting with this compact
4663 are superseded to the extent of the conflict.
4664 C. All lawful actions of the Interstate Commission,
4665 including all rules and bylaws promulgated by the Interstate
4666 Commission, are binding upon the member states.
4667 D. All agreements between the Interstate Commission and the
4668 member states are binding in accordance with their terms.
4669 E. If any part of this compact exceeds the constitutional
4670 limits imposed on the legislature of any member state, the
4671 provision shall be ineffective to the extent of the conflict
4672 with the constitutional provision in question in that member
4673 state.
4674 Reviser's note.—Amended to confirm the insertion of
4675 the word “of” by the editors.
4676 Section 95. Subsection (1) of section 1001.395, Florida
4677 Statutes, as amended by section 1 of chapter 2009-3, Laws of
4678 Florida, is amended to read:
4679 1001.395 District school board members; compensation.—
4680 (1) Each member of the district school board shall receive
4681 a base salary, the amounts indicated in this section, based on
4682 the population of the county the district school board member
4683 serves. In addition, compensation shall be made for population
4684 increments over the minimum for each population group, which
4685 shall be determined by multiplying the population in excess of
4686 the minimum for the group times the group rate. The product of
4687 such calculation shall be added to the base salary to determine
4688 the adjusted base salary. The adjusted base salaries of district
4689 school board members shall be increased annually as provided for
4690 in s. 145.19.
4691
4692 Pop. Group County Pop. Range Base Salary Group Rate
4693 Minimum Maximum
4694 I -0- 9,999 $5,000 $0.08330
4695 II 10,000 49,999 5,833 0.020830
4696 III 50,000 99,999 6,666 0.016680
4697 IV 100,000 199,999 7,500 0.008330
4698 V 200,000 399,999 8,333 0.004165
4699 VI 400,000 999,999 9,166 0.001390
4700 VII 1,000,000 10,000 0.000000
4701 District school board member salaries negotiated on or after
4702 November of 2006 shall remain in effect up to the date of the
4703 2007-2008 calculation provided pursuant to s. 145.19.
4704 Reviser's note.—Amended to delete a provision that has
4705 served its purpose.
4706 Section 96. Paragraph (e) of subsection (4) of section
4707 1002.36, Florida Statutes, is amended to read:
4708 1002.36 Florida School for the Deaf and the Blind.—
4709 (4) BOARD OF TRUSTEES.—
4710 (e) The board of trustees is invested with full power and
4711 authority to:
4712 1. Appoint a president, faculty, teachers, and other
4713 employees and remove the same as in its judgment may be best and
4714 fix their compensation.
4715 2. Procure professional services, such as medical, mental
4716 health, architectural, and engineering.
4717 3. Procure legal services without the prior written
4718 approval of the Attorney General.
4719 4. Determine eligibility of students and procedure for
4720 admission.
4721 5. Provide for the students of the school necessary
4722 bedding, clothing, food, and medical attendance and such other
4723 things as may be proper for the health and comfort of the
4724 students without cost to their parents, except that the board of
4725 trustees may set tuition and other fees for nonresidents.
4726 6. Provide for the proper keeping of accounts and records
4727 and for budgeting of funds.
4728 7. Enter into contracts.
4729 8. Sue and be sued.
4730 9. Secure public liability insurance.
4731 10. Do and perform every other matter or thing requisite to
4732 the proper management, maintenance, support, and control of the
4733 school at the highest efficiency economically possible, the
4734 board of trustees taking into consideration the purposes of the
4735 establishment.
4736 11. Receive gifts, donations, and bequests of money or
4737 property, real or personal, tangible or intangible, from any
4738 person, firm, corporation, or other legal entity. However, the
4739 board of trustees may not obligate the state to any expenditure
4740 or policy that is not specifically authorized by law. If the
4741 bill of sale, will, trust indenture, deed, or other legal
4742 conveyance specifies terms and conditions concerning the use of
4743 such money or property, the board of trustees shall observe such
4744 terms and conditions.
4745 12. Deposit outside the State Treasury such moneys as are
4746 received as gifts, donations, or bequests and may disburse and
4747 expend such moneys, upon its own warrant, for the use and
4748 benefit of the Florida School for the Deaf and the Blind and its
4749 students, as the board of trustees deems to be in the best
4750 interest of the school and its students. Such money or property
4751 shall not constitute or be considered a part of any legislative
4752 appropriation.
4753 13. Sell or convey by bill of sale, deed, or other legal
4754 instrument any property, real or personal, received as a gift,
4755 donation, or bequest, upon such terms and conditions as the
4756 board of trustees deems to be in the best interest of the school
4757 and its students.
4758 14. Invest such moneys in securities enumerated under s.
4759 215.47(1), (2)(c), (3), (4), and (10) 215.47(1), (2)(c), (3),
4760 (4), and (9), and in The Common Fund, an Investment Management
4761 Fund exclusively for nonprofit educational institutions.
4762 Reviser's note.—Amended to conform to the renumbering
4763 of subsections resulting from the addition of a new
4764 subsection (7) by s. 3, ch. 2008-31, Laws of Florida.
4765 Section 97. Subsection (4) of section 1006.035, Florida
4766 Statutes, is amended to read:
4767 1006.035 Dropout reentry and mentor project.—
4768 (4) In each of the four locations, the project shall
4769 identify 15 high-achieving minority students to serve as one-on
4770 one mentors to the students who are being reentered in school.
4771 An alumnus of Bethune-Cookman University College, Florida
4772 Memorial University College, Edward Waters College, or Florida
4773 Agricultural and Mechanical University shall be assigned to each
4774 pair of students. Student mentors and alumni must serve as role
4775 models and resource people for the students who are being
4776 reentered in school.
4777 Reviser's note.—Amended to conform to the correct
4778 names of Bethune-Cookman University and Florida
4779 Memorial University.
4780 Section 98. Subsection (1) of section 1006.59, Florida
4781 Statutes, is amended to read:
4782 1006.59 The Historically Black College and University
4783 Library Improvement Program.—
4784 (1) It is the intent of the Legislature to enhance the
4785 quality of the libraries at Florida Agricultural and Mechanical
4786 University, Bethune-Cookman University College, Edward Waters
4787 College, and Florida Memorial University College.
4788 Reviser's note.—Amended to conform to the correct
4789 names of Bethune-Cookman University and Florida
4790 Memorial University.
4791 Section 99. Paragraph (c) of subsection (3) of section
4792 1008.22, Florida Statutes, is amended to read:
4793 1008.22 Student assessment program for public schools.—
4794 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
4795 design and implement a statewide program of educational
4796 assessment that provides information for the improvement of the
4797 operation and management of the public schools, including
4798 schools operating for the purpose of providing educational
4799 services to youth in Department of Juvenile Justice programs.
4800 The commissioner may enter into contracts for the continued
4801 administration of the assessment, testing, and evaluation
4802 programs authorized and funded by the Legislature. Contracts may
4803 be initiated in 1 fiscal year and continue into the next and may
4804 be paid from the appropriations of either or both fiscal years.
4805 The commissioner is authorized to negotiate for the sale or
4806 lease of tests, scoring protocols, test scoring services, and
4807 related materials developed pursuant to law. Pursuant to the
4808 statewide assessment program, the commissioner shall:
4809 (c) Develop and implement a student achievement testing
4810 program known as the Florida Comprehensive Assessment Test
4811 (FCAT) as part of the statewide assessment program to measure a
4812 student's content knowledge and skills in reading, writing,
4813 science, and mathematics. Other content areas may be included as
4814 directed by the commissioner. Comprehensive assessments of
4815 reading and mathematics shall be administered annually in grades
4816 3 through 10. Comprehensive assessments of writing and science
4817 shall be administered at least once at the elementary, middle,
4818 and high school levels. End-of-course assessments for a subject
4819 may be administered in addition to the comprehensive assessments
4820 required for that subject under this paragraph. An end-of-course
4821 assessment must be rigorous, statewide, standardized, and
4822 developed or approved by the department. The content knowledge
4823 and skills assessed by comprehensive and end-of-course
4824 assessments must be aligned to the core curricular content
4825 established in the Sunshine State Standards. The commissioner
4826 may select one or more nationally developed comprehensive
4827 examinations, which may include, but need not be limited to,
4828 examinations for a College Board Advanced Placement course,
4829 International Baccalaureate course, or Advanced International
4830 Certificate of Education course or industry-approved
4831 examinations to earn national industry certifications as defined
4832 in s. 1003.492, for use as end-of-course assessments under this
4833 paragraph, if the commissioner determines that the content
4834 knowledge and skills assessed by the examinations meet or exceed
4835 the grade level expectations for the core curricular content
4836 established for the course in the Next Generation Sunshine State
4837 Standards. The commissioner may collaborate with the American
4838 Diploma Project in the adoption or development of rigorous end
4839 of-course assessments that are aligned to the Next Generation
4840 Sunshine State Standards. The testing program must be designed
4841 as follows:
4842 1. The tests shall measure student skills and competencies
4843 adopted by the State Board of Education as specified in
4844 paragraph (a). The tests must measure and report student
4845 proficiency levels of all students assessed in reading, writing,
4846 mathematics, and science. The commissioner shall provide for the
4847 tests to be developed or obtained, as appropriate, through
4848 contracts and project agreements with private vendors, public
4849 vendors, public agencies, postsecondary educational
4850 institutions, or school districts. The commissioner shall obtain
4851 input with respect to the design and implementation of the
4852 testing program from state educators, assistive technology
4853 experts, and the public.
4854 2. The testing program shall be composed of criterion
4855 referenced tests that shall, to the extent determined by the
4856 commissioner, include test items that require the student to
4857 produce information or perform tasks in such a way that the core
4858 content knowledge and skills he or she uses can be measured.
4859 3. Beginning with the 2008-2009 school year, the
4860 commissioner shall discontinue administration of the selected
4861 response test items on the comprehensive assessments of writing.
4862 Beginning with the 2012-2013 school year, the comprehensive
4863 assessments of writing shall be composed of a combination of
4864 selected-response test items, short-response performance tasks,
4865 and extended-response performance tasks, which shall measure a
4866 student's content knowledge of writing, including, but not
4867 limited to, paragraph and sentence structure, sentence
4868 construction, grammar and usage, punctuation, capitalization,
4869 spelling, parts of speech, verb tense, irregular verbs, subject
4870 verb agreement, and noun-pronoun agreement.
4871 4. A score shall be designated for each subject area
4872 tested, below which score a student's performance is deemed
4873 inadequate. The school districts shall provide appropriate
4874 remedial instruction to students who score below these levels.
4875 5. Except as provided in s. 1003.428(8)(b) or s.
4876 1003.43(11)(b), students must earn a passing score on the grade
4877 10 assessment test described in this paragraph or attain
4878 concordant scores as described in subsection (10) (9) in
4879 reading, writing, and mathematics to qualify for a standard high
4880 school diploma. The State Board of Education shall designate a
4881 passing score for each part of the grade 10 assessment test. In
4882 establishing passing scores, the state board shall consider any
4883 possible negative impact of the test on minority students. The
4884 State Board of Education shall adopt rules which specify the
4885 passing scores for the grade 10 FCAT. Any such rules, which have
4886 the effect of raising the required passing scores, shall apply
4887 only to students taking the grade 10 FCAT for the first time
4888 after such rules are adopted by the State Board of Education.
4889 6. Participation in the testing program is mandatory for
4890 all students attending public school, including students served
4891 in Department of Juvenile Justice programs, except as otherwise
4892 prescribed by the commissioner. If a student does not
4893 participate in the statewide assessment, the district must
4894 notify the student's parent and provide the parent with
4895 information regarding the implications of such nonparticipation.
4896 A parent must provide signed consent for a student to receive
4897 classroom instructional accommodations that would not be
4898 available or permitted on the statewide assessments and must
4899 acknowledge in writing that he or she understands the
4900 implications of such instructional accommodations. The State
4901 Board of Education shall adopt rules, based upon recommendations
4902 of the commissioner, for the provision of test accommodations
4903 for students in exceptional education programs and for students
4904 who have limited English proficiency. Accommodations that negate
4905 the validity of a statewide assessment are not allowable in the
4906 administration of the FCAT. However, instructional
4907 accommodations are allowable in the classroom if included in a
4908 student's individual education plan. Students using
4909 instructional accommodations in the classroom that are not
4910 allowable as accommodations on the FCAT may have the FCAT
4911 requirement waived pursuant to the requirements of s.
4912 1003.428(8)(b) or s. 1003.43(11)(b).
4913 7. A student seeking an adult high school diploma must meet
4914 the same testing requirements that a regular high school student
4915 must meet.
4916 8. District school boards must provide instruction to
4917 prepare students to demonstrate proficiency in the core
4918 curricular content established in the Next Generation Sunshine
4919 State Standards adopted under s. 1003.41, including the core
4920 content knowledge and skills necessary for successful grade-to
4921 grade progression and high school graduation. If a student is
4922 provided with instructional accommodations in the classroom that
4923 are not allowable as accommodations in the statewide assessment
4924 program, as described in the test manuals, the district must
4925 inform the parent in writing and must provide the parent with
4926 information regarding the impact on the student's ability to
4927 meet expected proficiency levels in reading, writing, and
4928 mathematics. The commissioner shall conduct studies as necessary
4929 to verify that the required core curricular content is part of
4930 the district instructional programs.
4931 9. District school boards must provide opportunities for
4932 students to demonstrate an acceptable level of performance on an
4933 alternative standardized assessment approved by the State Board
4934 of Education following enrollment in summer academies.
4935 10. The Department of Education must develop, or select,
4936 and implement a common battery of assessment tools that will be
4937 used in all juvenile justice programs in the state. These tools
4938 must accurately measure the core curricular content established
4939 in the Sunshine State Standards.
4940 11. For students seeking a special diploma pursuant to s.
4941 1003.438, the Department of Education must develop or select and
4942 implement an alternate assessment tool that accurately measures
4943 the core curricular content established in the Sunshine State
4944 Standards for students with disabilities under s. 1003.438.
4945 12. The Commissioner of Education shall establish schedules
4946 for the administration of statewide assessments and the
4947 reporting of student test results. The commissioner shall, by
4948 August 1 of each year, notify each school district in writing
4949 and publish on the department's Internet website the testing and
4950 reporting schedules for, at a minimum, the school year following
4951 the upcoming school year. The testing and reporting schedules
4952 shall require that:
4953 a. There is the latest possible administration of statewide
4954 assessments and the earliest possible reporting to the school
4955 districts of student test results which is feasible within
4956 available technology and specific appropriations; however, test
4957 results must be made available no later than the final day of
4958 the regular school year for students.
4959 b. Beginning with the 2010-2011 school year, a
4960 comprehensive statewide assessment of writing is not
4961 administered earlier than the week of March 1 and a
4962 comprehensive statewide assessment of any other subject is not
4963 administered earlier than the week of April 15.
4964 c. A statewide standardized end-of-course assessment is
4965 administered within the last 2 weeks of the course.
4966 The commissioner may, based on collaboration and input from
4967 school districts, design and implement student testing programs,
4968 for any grade level and subject area, necessary to effectively
4969 monitor educational achievement in the state, including the
4970 measurement of educational achievement of the Sunshine State
4971 Standards for students with disabilities. Development and
4972 refinement of assessments shall include universal design
4973 principles and accessibility standards that will prevent any
4974 unintended obstacles for students with disabilities while
4975 ensuring the validity and reliability of the test. These
4976 principles should be applicable to all technology platforms and
4977 assistive devices available for the assessments. The field
4978 testing process and psychometric analyses for the statewide
4979 assessment program must include an appropriate percentage of
4980 students with disabilities and an evaluation or determination of
4981 the effect of test items on such students.
4982 Reviser's note.—Amended to confirm the editorial
4983 substitution of a reference to subsection (10) for a
4984 reference to subsection (9) to conform to the
4985 redesignation of subsection (9) as subsection (10) by
4986 s. 18, ch. 2008-235, Laws of Florida.
4987 Section 100. Paragraph (a) of subsection (3) of section
4988 1008.34, Florida Statutes, is amended to read:
4989 1008.34 School grading system; school report cards;
4990 district grade.—
4991 (3) DESIGNATION OF SCHOOL GRADES.—
4992 (a) Each school that has students who are tested and
4993 included in the school grading system shall receive a school
4994 grade, except as follows:
4995 1. A school shall not receive a school grade if the number
4996 of its students tested and included in the school grading system
4997 is less are fewer than the minimum sample size necessary, based
4998 on accepted professional practice, for statistical reliability
4999 and prevention of the unlawful release of personally
5000 identifiable student data under s. 1002.22 or 20 U.S.C. s.
5001 1232g.
5002 2. An alternative school may choose to receive a school
5003 grade under this section or a school improvement rating under s.
5004 1008.341.
5005 3. A school that serves any combination of students in
5006 kindergarten through grade 3 which does not receive a school
5007 grade because its students are not tested and included in the
5008 school grading system shall receive the school grade designation
5009 of a K-3 feeder pattern school identified by the Department of
5010 Education and verified by the school district. A school feeder
5011 pattern exists if at least 60 percent of the students in the
5012 school serving a combination of students in kindergarten through
5013 grade 3 are scheduled to be assigned to the graded school.
5014 Reviser's note.—Amended to confirm the substitution by
5015 the editors of the words “is less” for the words “are
5016 fewer” to improve clarity and facilitate correct
5017 interpretation.
5018 Section 101. Subsection (2) of section 1008.341, Florida
5019 Statutes, is amended to read:
5020 1008.341 School improvement rating for alternative
5021 schools.—
5022 (2) SCHOOL IMPROVEMENT RATING.—An alternative school that
5023 provides dropout prevention and academic intervention services
5024 pursuant to s. 1003.53 shall receive a school improvement rating
5025 pursuant to this section. However, an alternative school shall
5026 not receive a school improvement rating if the number of its
5027 students for whom student performance data is available for the
5028 current year and previous year is less are fewer than the
5029 minimum sample size necessary, based on accepted professional
5030 practice, for statistical reliability and prevention of the
5031 unlawful release of personally identifiable student data under
5032 s. 1002.22 or 20 U.S.C. s. 1232g. The school improvement rating
5033 shall identify an alternative school as having one of the
5034 following ratings defined according to rules of the State Board
5035 of Education:
5036 (a) “Improving” means the students attending the school are
5037 making more academic progress than when the students were served
5038 in their home schools.
5039 (b) “Maintaining” means the students attending the school
5040 are making progress equivalent to the progress made when the
5041 students were served in their home schools.
5042 (c) “Declining” means the students attending the school are
5043 making less academic progress than when the students were served
5044 in their home schools.
5045 The school improvement rating shall be based on a comparison of
5046 student performance data for the current year and previous year.
5047 Schools that improve at least one level or maintain an
5048 “improving” rating pursuant to this section are eligible for
5049 school recognition awards pursuant to s. 1008.36.
5050 Reviser's note.—Amended to confirm the substitution by
5051 the editors of the words “is less” for the words “are
5052 fewer” to improve clarity and facilitate correct
5053 interpretation.
5054 Section 102. Subsection (5) of section 1008.345, Florida
5055 Statutes, is amended to read:
5056 1008.345 Implementation of state system of school
5057 improvement and education accountability.—
5058 (5) The commissioner shall report to the Legislature and
5059 recommend changes in state policy necessary to foster school
5060 improvement and education accountability. Included in the report
5061 shall be a list of the schools, including schools operating for
5062 the purpose of providing educational services to youth in
5063 Department of Juvenile Justice programs, for which district
5064 school boards have developed assistance and intervention plans
5065 and an analysis of the various strategies used by the school
5066 boards. School reports shall be distributed pursuant to this
5067 subsection and s. 1001.42(18)(e) 1001.42(16)(e) and according to
5068 rules adopted by the State Board of Education.
5069 Reviser's note.—Amended to conform to the renumbering
5070 of subsections by s. 9, ch. 2008-108, Laws of Florida.
5071 Section 103. Subsection (1) and paragraph (a) of subsection
5072 (5) of section 1009.73, Florida Statutes, are amended to read:
5073 1009.73 Mary McLeod Bethune Scholarship Program.—
5074 (1) There is established the Mary McLeod Bethune
5075 Scholarship Program to be administered by the Department of
5076 Education pursuant to this section and rules of the State Board
5077 of Education. The program shall provide matching grants for
5078 private sources that raise money for scholarships to be awarded
5079 to students who attend Florida Agricultural and Mechanical
5080 University, Bethune-Cookman University College, Edward Waters
5081 College, or Florida Memorial University College.
5082 (5)(a) In order to be eligible to receive a scholarship
5083 pursuant to this section, an applicant must:
5084 1. Meet the general eligibility requirements set forth in
5085 s. 1009.40.
5086 2. Be accepted at Florida Agricultural and Mechanical
5087 University, Bethune-Cookman University College, Edward Waters
5088 College, or Florida Memorial University College.
5089 3. Enroll as a full-time undergraduate student.
5090 4. Earn a 3.0 grade point average on a 4.0 scale, or the
5091 equivalent, for high school subjects creditable toward a
5092 diploma.
5093 Reviser's note.—Amended to conform to the correct
5094 names of Bethune-Cookman University and Florida
5095 Memorial University.
5096 Section 104. Paragraph (b) of subsection (1), paragraphs
5097 (d), (h), and (i) of subsection (2), paragraphs (f) and (g) of
5098 subsection (6), and paragraph (b) of subsection (7) of section
5099 1012.56, Florida Statutes, are amended to read:
5100 1012.56 Educator certification requirements.—
5101 (1) APPLICATION.—Each person seeking certification pursuant
5102 to this chapter shall submit a completed application containing
5103 the applicant's social security number to the Department of
5104 Education and remit the fee required pursuant to s. 1012.59 and
5105 rules of the State Board of Education. Pursuant to the federal
5106 Personal Responsibility and Work Opportunity Reconciliation Act
5107 of 1996, each party is required to provide his or her social
5108 security number in accordance with this section. Disclosure of
5109 social security numbers obtained through this requirement is
5110 limited to the purpose of administration of the Title IV-D
5111 program of the Social Security Act for child support
5112 enforcement. Pursuant to s. 120.60, the department shall issue
5113 within 90 calendar days after the stamped receipted date of the
5114 completed application:
5115 (b) If the applicant meets the requirements and if
5116 requested by an employing school district or an employing
5117 private school with a professional education competence
5118 demonstration program pursuant to paragraphs (6)(f) and (8)(b)
5119 (5)(f) and (7)(b), a temporary certificate covering the
5120 classification, level, and area for which the applicant is
5121 deemed qualified and an official statement of status of
5122 eligibility; or
5123 The statement of status of eligibility must advise the applicant
5124 of any qualifications that must be completed to qualify for
5125 certification. Each statement of status of eligibility is valid
5126 for 3 years after its date of issuance, except as provided in
5127 paragraph (2)(d).
5128 (2) ELIGIBILITY CRITERIA.—To be eligible to seek
5129 certification, a person must:
5130 (d) Submit to background screening in accordance with
5131 subsection (10) (9). If the background screening indicates a
5132 criminal history or if the applicant acknowledges a criminal
5133 history, the applicant's records shall be referred to the
5134 investigative section in the Department of Education for review
5135 and determination of eligibility for certification. If the
5136 applicant fails to provide the necessary documentation requested
5137 by the department within 90 days after the date of the receipt
5138 of the certified mail request, the statement of eligibility and
5139 pending application shall become invalid.
5140 (h) Demonstrate mastery of subject area knowledge, pursuant
5141 to subsection (5) (4).
5142 (i) Demonstrate mastery of professional preparation and
5143 education competence, pursuant to subsection (6) (5).
5144 (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
5145 COMPETENCE.—Acceptable means of demonstrating mastery of
5146 professional preparation and education competence are:
5147 (f) Completion of professional preparation courses as
5148 specified in state board rule, successful completion of a
5149 professional education competence demonstration program pursuant
5150 to paragraph (8)(b) (7)(b), and achievement of a passing score
5151 on the professional education competency examination required by
5152 state board rule;
5153 (g) Successful completion of a professional preparation
5154 alternative certification and education competency program,
5155 outlined in paragraph (8)(a) (7)(a); or
5156 (7) TYPES AND TERMS OF CERTIFICATION.—
5157 (b) The department shall issue a temporary certificate to
5158 any applicant who completes the requirements outlined in
5159 paragraphs (2)(a)-(f) and completes the subject area content
5160 requirements specified in state board rule or demonstrates
5161 mastery of subject area knowledge pursuant to subsection (5) (4)
5162 and holds an accredited degree or a degree approved by the
5163 Department of Education at the level required for the subject
5164 area specialization in state board rule.
5165 Each temporary certificate is valid for 3 school fiscal years
5166 and is nonrenewable. However, the requirement in paragraph
5167 (2)(g) must be met within 1 calendar year of the date of
5168 employment under the temporary certificate. Individuals who are
5169 employed under contract at the end of the 1 calendar year time
5170 period may continue to be employed through the end of the school
5171 year in which they have been contracted. A school district shall
5172 not employ, or continue the employment of, an individual in a
5173 position for which a temporary certificate is required beyond
5174 this time period if the individual has not met the requirement
5175 of paragraph (2)(g). The State Board of Education shall adopt
5176 rules to allow the department to extend the validity period of a
5177 temporary certificate for 2 years when the requirements for the
5178 professional certificate, not including the requirement in
5179 paragraph (2)(g), were not completed due to the serious illness
5180 or injury of the applicant or other extraordinary extenuating
5181 circumstances. The department shall reissue the temporary
5182 certificate for 2 additional years upon approval by the
5183 Commissioner of Education. A written request for reissuance of
5184 the certificate shall be submitted by the district school
5185 superintendent, the governing authority of a university lab
5186 school, the governing authority of a state-supported school, or
5187 the governing authority of a private school.
5188 Reviser's note.—Amended to conform to the renumbering
5189 of subunits by s. 25, ch. 2008-235, Laws of Florida.
5190 Section 105. Paragraph (a) of subsection (4) of section
5191 1012.795, Florida Statutes, is amended to read:
5192 1012.795 Education Practices Commission; authority to
5193 discipline.—
5194 (4)(a) An educator certificate that has been suspended
5195 under this section is automatically reinstated at the end of the
5196 suspension period, provided the certificate did not expire
5197 during the period of suspension. If the certificate expired
5198 during the period of suspension, the holder of the former
5199 certificate may secure a new certificate by making application
5200 therefor and by meeting the certification requirements of the
5201 state board current at the time of the application for the new
5202 certificate. An educator certificate suspended pursuant to
5203 paragraph (1)(i) (1)(h) may be reinstated only upon notice from
5204 the court or the Department of Revenue that the party has
5205 complied with the terms of the support order, subpoena, order to
5206 show cause, or written agreement.
5207 Reviser's note.—Amended to conform to the
5208 redesignation of paragraph (1)(h) as paragraph (1)(i)
5209 by s. 32, ch. 2008-108, Laws of Florida.
5210 Section 106. Subsection (6) of section 1013.12, Florida
5211 Statutes, is amended to read:
5212 1013.12 Casualty, safety, sanitation, and firesafety
5213 standards and inspection of property.—
5214 (6) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.—Upon
5215 failure of the board to take corrective action within the time
5216 designated in the plan of action to correct any firesafety
5217 deficiency noted under paragraph (2)(d) (2)(c) or paragraph
5218 (3)(c), the local fire official shall immediately report the
5219 deficiency to the State Fire Marshal, who shall have enforcement
5220 authority with respect to educational and ancillary plants and
5221 educational facilities as provided in chapter 633 for any other
5222 building or structure.
5223 Reviser's note.—Amended to conform to the
5224 redesignation of paragraph (2)(c) as paragraph (2)(d)
5225 by s. 29, ch. 2008-235, Laws of Florida.
5226 Section 107. This act shall take effect on the 60th day
5227 after adjournment sine die of the session of the Legislature in
5228 which enacted.